08-18-2014 - Approval of Contract for West Covina City Attorney - Item 1 (2).pdfCity of West Covina
Memorandum
AGENDA
0: Mayor and City Council
DATE August 18, 2014
FROM: Christopher J. Chung
City Manager
BY: Chris Freeland
Deputy City Manager/Community Services Director
SUBJECT: APPROVAL OF CONTRACT FOR WEST COVINA CITY ATTORNEY
AND SUCCESSOR AGENCY LEGAL COUNSEL SERVICES
RECOMMENDATION:
It is recommended that the City Council appoint the law firm of Jones & Mayer as the West
Covina City Attorney and Successor Agency legal counsel and authorize the Mayor to execute a
three (3) year agreement between the City of West Covina and the law firm of Jones & Mayer for
said services.
DISCUSSION:
At the January 21, 2014, City Council meeting, the City Council instructed City staff to prepare a
Request for Proposals (RFP) for City Attorney Services, including general legal and Successor
Agency Counsel. The RFP was presented and approved by the City Council at the March 4,
2014, City Council meeting. A copy of the RFP is attached (Attachment No. 1).
To publicize the RFP, City staff posted the RFP on the City's website and sent the RFP to 384
attorney/law firms that were listed as City Attorneys, representing communities in California,
with the League of California Cities. The deadline to submit proposals was April 14, 2014. The
City received 23 proposals from a variety of well qualified law firms. After a thorough review of
the proposals, the City Council conducted interviews with six law firms on June 11, 2014. The
six firms included: Jones & Mayer; Aleshire & Wynder; Burke, Williams & Sorensen; Casso &
Sparks; Harper & Burns; and Rutan & Tucker. At the conclusion of the interviews, the City
Council instructed the City Manager to conduct a reference check on the preferred firm. Based
on their proposal, qualifications, experience, performance in the interview, and excellent
references, the City Council is unanimously selecting the law firm of Jones & Mayer as the West
Covina City Attorney/Successor Agency Counsel, effective August 19, 2014.
Attached is the agreement between the City of West Covina and Jones & Mayer (Attachment No.
2). The terms of the agreement are as follows:
Term: The agreement is for three (3) years.
Attorney Designation: Jones & Mayer has designated Kimberly Hall Barlow to serve as
the City Attorney, and Ivy Tsai as the Assistant City Attorney. Attached are the resumes
of Kimberly Hall Barlow and Ivy Tsai (Attachment No. 3).
Rates: Jones & Mayer will be paid a monthly retainer of $13,125 per month for seventy-
five (75) hours of basic legal service (Rate of $175 per hour). Any unused retainer hours,
will roll over and be applied to the following months retainer hours.
Non-litigation services not included in the retainer, Jones & Mayer attorneys shall
be paid at $195 per hour and paralegals at $100 per hour. Jones & Mayer will also
be reimbursed for all costs and expenses outlined in Section 3.E of the agreement.
Successor Agency services, Jones & Mayer attorneys shall be paid at $195 per
hour and paralegals at $100 per hour.
Code Enforcement (City Prosecutor) services, Jones & Mayer attorneys shall be
paid at $160 per hour and paralegals at $100 per hour.
Special and Litigation services, Jones & Mayer attorneys shall be paid at $205 per
hour and paralegals at $100 per hour.
Rate Increases: Beginning on the anniversary of the agreement in 2016, the rates will
increase based on the Consumer Price Index, as determined by the United States
Department of Labor, using the urban consumers in the Los Angeles, Riverside, and
Orange County region, not to exceed 5% per year.
According to their proposal, Jones & Mayer has provided legal assistance for cities for
almost 40 years and currently serve as the City Attorney for the cities of Bishop,
California City, Costa Mesa, Fullerton, La Habra, Westminster, South Pasadena,
Whittier, Blythe, Maywood, Grand Terrace, and Upland. Jones & Mayer also serves as
special counsel to many other cities.
According to Jones & Mayer 's website:
The firm also serves as legal counsel to California State Sheriffs Association
(CSSA), California Police Chiefs Association (CPCA), and California Peace
Officers' Association (CPOA).
Serve as City Prosecutor to cities throughout California regarding criminal and
civil enforcement of municipal codes, including utilization of red light abatement;
drug nuisance abatement, receiverships and unfair business practices statutes.
Successfully defending cities in litigation involving police use offorce, allegations
of civil rights violations, dangerous conditions, negligence, condemnation,
employment matters, land use, CEQA, public contracting and administrative &
traditional petitions for Writ of Mandate.
Training and lecturing on employment matters, personnel and labor issues, the
California Public Records Act ('PRA), conflicts of interest, internal
investigations and Pitchess motions.
Drafting and reviewing of policies and procedures manuals.
OPTIONS:
The City Council has the following options available.
Approve the agreement for City Attorney Services between the City of West Covina and
the law firm of Jones & Mayer; or
Provide alternate direction.
FISCAL IMPACT:
The City Attorney agreement includes the following compensation schedule:
Jones & Mayer will be paid a monthly retainer of $13,125 per month for seventy-five (75)
hours of basic legal service (Rate of $175 per hour). Any unused retainer hours, will roll
over and be applied to the following months retainer hours.
Non-litigation services not included in the retainer, Jones & Mayer attorneys shall be paid
at $195 per hour and paralegals at $100 per hour. Jones & Mayer will also be reimbursed
for all costs and expenses outlined in Section 3.E of the agreement.
Successor Agency services, Jones & Mayer attorneys shall be paid at $195 per hour and
paralegals at $100 per hour.
• Code Enforcement (City Prosecutor) services, Jones & Mayer attorneys shall be paid at
$160 per hour and paralegals at $100 per hour.
• Special and Litigation services, Jones & Mayer attorneys shall be paid at $205 per hour
and paralegals at $100 per hour.
Funds have been budgeted in the City Attorney's budget for these legal expenses.
Prepared By:
Chris Freeland
Deputy City Manager/Community
Services Director
Reviewed and Approved By:
kift
Mike Lee
Assistant City Manager/Community
Development Commission Director
Attachment No. 1 — Request for Proposals (RFP) for City Attorney Services
Attachment No. 2 — Agreement between the City of West Covina and Jones & Mayer
Attachment No. 3 — Resumes of Kimberly Hall Barlow and Ivy Tsai
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City/Successor Agency of West Covina
Request for Proposals
City Attorney and Successor Agency Counsel/Legal Services
The City Council/Successor Agency (Agency) of the City of West Covina invites interested legal
firms to submit written proposals to provide legal services for the West Covina City/Successor
Agency. The Council/Agency Board is seeking a law firm that can provide an individual
associated with the firm to serve as City Attorney for the City of West Covina, Successor
Agency Counsel for the former West Covina Community Development Commission, as well as
provide diverse legal services to the City organization.
Submittal Guidelines
Ten (10) complete copies and an electronic copy on a flash drive with of each proposal shall
be submitted in a sealed envelope/box bearing the caption: "City of West Covina — City Attorney
Proposal" and addressed to:
Chris Freeland
Deputy City Manager/Community Services Director
City of West Covina
1444 West Garvey Avenue
West Covina, CA 91790
Attn: City Manager's Office
Proposals may be filed in person at the City Manager's office or by mail, but must be received in
the City Manager's office by 5:00 p.m. on Monday, April 14, 2014. Late proposals or
postmarks will not be accepted. All proposals received will be confidential and will be retained
by the City of West Covina.
The City Council/Agency Board reserves the right to reject all proposals, to request additional
information concerning any proposals for purposes of clarification, to accept or negotiate any
modification to any proposal, following the deadline for receipt of all proposals, and to waive
any irregularities, if such would serve the best interest of the City, as determined by the City
Council/Agency Board.
All inquiries regarding this Request for Proposals and current legal services of the City should be
directed to Chris Freeland, Deputy City Manager/Community Services Director at the above
address or by telephone at (626) 939-8401.
I. BACKGROUND
Incorporated in 1923, West Covina is located approximately 20 miles east of Los Angeles. The
City is 17 square miles in area and has a population of approximately 107,000. West Covina is a
residential and commercial center with limited industry. Retail merchandising is the principal
business activity.
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The City operates under the council-manager form of government with a five-member City
Council/Agency Board. City Council and Successor Agency Board Members are elected to four-
year overlapping terms on an at-large basis. Annually, the City Council/Agency Board selects
one of its members to serve as Mayor. The City Council/Agency Board is the legislative body
responsible for overall policy development and direction of the City/Commission. The City
Council and Successor Agency Board Members also serve as the Board of Directors of the West
Covina Public Finance Authority. In addition, the City Council/Agency Board has three citizen
commissions whose members are appointed by the City Council/Agency Board.
The City Council/Agency Board appoints the City Manager, who serves as the executive officer
and is responsible for the day-to-day operations of the City/Agency. The City Manager's
executive staff includes: the Assistant City Manager and department heads for City Clerk,
Community Services, Community Development Commission, Fire, Finance and Administrative
Services, Planning, Police, and Public Works. The City Council/Agency Board appoint the City
and Agency Board Attorney and contracts with that individual's firm for legal services.
West Covina is a full service city providing police, fire, public works, parks and recreation,
engineering, planning, redevelopment and economic development, some transit, as well as all of
the traditional internal management support functions. The City has a current budget of $106.7
million and a full-time staff of approximately 330.
The West Covina Redevelopment Agency was established by the City Council in 1971 to
eliminate blight and vitalize the economic structure of the City. In 2003, the City Council
changed the West Covina Redevelopment Agency into West Covina Community Development
Commission, which operated under the direction of the City Council, until the dissolution of
redevelopment in 2011.
IL PROPOSAL CONTENT/QUALIFICATIONS
PLEASE NOTE: All proposals must provide specific and succinct answers to 0 questions and
requests for information. Indirect, imprecise, or incomplete responses can serve only to the
disadvantage of the applicant. Please answer the questions in the format and order presented.
(Submissions of individual resumes alone will not be considered responsive to any specific
question.)
1. Please describe your firm's qualifications for providing City and Community
Development Commission legal services. Include in your response:
a) The overall capabilities, qualifications, training, and areas of expertise for each of the
partners/principals and associates that may be assigned to work with the City,
including but not limited to:
o Name of individual(s) with resumes;
o Length of employment with firm;
o Specialization;
o Legal training;
o Scholastic honors and professional affiliations;
o Date of admittance to California Bar;
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Years of practice;
Municipal or other local public sector experience;
Knowledge of, and experience with California Municipal Law, Redevelopment Law,
and Successor Agency matters;
Years and statement of other types of clientele represented;
Litigation experience and track record;
Knowledge and practice of law relating to land use and planning, CEQA, NEPA,
general plans, real estate, environmental issues, hazardous waste and other related
law;
Experience in the area of personnel, workers' compensation, general liability and
employee relations;
Experience in the area of contracts and franchises;
Experience in the preparation and review of ordinances and resolutions;
Experience in the area of the Public Records Act, the Brown Act, and the Elections
Code; and
If the firm, or any of the attorneys employed by the firm, have ever been successfully
sued for malpractice, been the subject of complaints filed with the State Bar, or had
discipline imposed by the State Bar, please provide information on the nature of the
incident, the dates on which the matter began and was concluded, and the results of
the situation.
Specify the individual that you propose for appointment as City Attorney and
Successor Agency Counsel and reasons for recommendation; and
c) Specify the individual(s), if any, that you would propose as Assistant or Deputy City
Attorney and Successor Agency Board Counsel and/or who would be designated as
competent, substitute/backup legal representation for the City and Successor Agency
in the event of the absence or unavailability of the City Attorney or Agency Counsel.
Please describe your firm's qualifications and experience in providing legal services to
Successor Agencies, including: Meet and Confer meetings with the Department of
Finance; dissolution of assets of the Successor Agency; litigation against the State of
California to protect the assets of the City/Successor Agency; etc.
The City contracts for workers' compensation and general and auto liability coverage
through joint powers agreements (WA) with other public agencies. Currently, the City's
self-insured retention is $1 million per claim. Please describe your firm's qualifications
for providing the following specific Liability & Workers' Compensation legal services.
a) Areas of specialty, i.e. workers' compensation, police liability, employment
discrimination, etc.;
Please attach information regarding your experience in defending against workers'
compensation claims. As it pertains to tort liability, please attach information
regarding your experience in defending against such claims, the number of cases you
have tried to verdict and the general nature of these cases and the results. Please also
list your Appellate experience in those areas. Also include your experience in
settlement processes, including Alternative Dispute Resolution (ADR) and
arbitrations; and
c) Specify the individual(s), if any, that you would propose as serving as a police
liability/litigation specialist. This will include Pitchess motions. Please describe
your firm's range of experience in these matters.
City reserves the right to contract liability and workers' compensation cases in areas of specialty
that the City deems appropriate.
4. Please describe how you would structure the working relationship between the City
Attorney and the City Council, City Manager, Department Heads, City Commissions, and
other members of staff.
a) Specify intended office location and accessibility to the City's needs. Include in
your proposal any recommended office hours to be established at City Hall;
b) Describe process, systems/mechanisms, and time frames that would be established to
ensure timeliness of response to City Council and Agency Board and City/Agency
staff; and
c) For those staff being proposed to be assigned to the City of West Covina, describe
the staffing of your office including all permanent and temporary employees and
their general duties and work schedules. Include any changes you would propose,
now or in the future, should you be awarded a contract to provide legal services to
the City/Agency.
DI COMPENSATION AND RELVIBURSEMENT
1. It is anticipated that the City Council will expect the firm to provide a system wherein
basic services are provided under a fixed monthly retainer and additional services billed
at an hourly rate. Basic services, for the purposes of this proposal, shall include those
legal services generally understood within the field of municipal law to fall within the.
category of "general counsel" work, and shall include, but not necessarily be limited to,
the following:
a) Attendance at all meetings of the West Covina City Council (including regular
sessions, closed sessions, and as needed work sessions). Regular sessions are
normally held on the first and third Tuesday of each month;
b) Attendance, as needed and as directed by the City Council and/or City Manager at
certain meetings of the City's Commissions or other City committees;
c) Attendance at the City of West Covina weekly Department Head meeting;
d) Review and/or preparation of ordinances, resolutions, orders, agreements, forms,
notices, declarations, certificates, deeds, leases, and other documents required by the
City;
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e) Consultation with the City Council and City staff as needed - rendering of legal
advice and opinions concerning legal matters that affect the City, including new
legislation and court decisions. Perform research and interpret laws, court decisions
and other legal authorities in order to prepare legal opinions and to advise the
Council and management staff on legal matters pertaining to City operations;
f) Legal work pertaining to property acquisition, zoning, property disposal, public
improvements, public rights of way and easements, and matters relating to public
utilities;
Coordinate the work of outside legal counsel as needed and as directed by the City
Council and/or City Manager; and
h) Any regularly scheduled office hours proposed at City Hall each week.
2. Services provided to the Successor Agency services are to be billed separately from the
services provided to the City and are not to be included in the monthly retainer.
3. The law firm selected by the City/Agency will also be required to furnish special services
(litigation) affecting the City/Agency on an as-needed basis when directed by the City
Council/Agency. These special services, anticipated to be provided at a specified hourly
rate, include research, preparation, and follow-through on those types of matters. This
includes collection of performance bonds on construction contracts, pursuing litigation to
collect damages due the City/Agency, etc.
Excluded from special legal services would be litigation or defenses furnished by a self-
insured program (worker compensation, liability coverage, etc.), other litigation where
the City Council and Successor Agency decides to retain special counsel (including bond
counsel.), or other work for which the City Council and Successor Agency to utilize
special counsel.
3. Based on the above, please include in your compensation proposal the following:
a) Proposed fixed monthly retainer for "general counsel" services;
• Specific services to be included in the category of general counsel services.
b) Proposed hourly rate for "general counsel" in excess of monthly retainer;
• Specific hourly rates for Partners, Senior Associates, Associates, and Law
Clerk/Paralegal services.
c) Proposed hourly rate for "Successor Agency";
• Specific hourly rates for Partners, Senior Associates, Associates, and Law
Clerk/Paralegal services.
d) Proposed hourly rate for "special/litigation services"; and
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• Specific hourly rates for Partners, Senior Associates, Associates, and Law
Clerk/Paralegal services.
e) Specific expenses for which firm will claim reimbursement from City/Agency,
including type and unit rate (i.e. rate for mileage, reproduction of documents,
postage, etc.).
• Travel to and from City Hall is not a reimbursable expense.
IV. MISCELLANEOUS CONTRACT PROVISIONS
1. Proposed terms and conditions for termination of contract by either party. The City
Council and Successor Agency wishes to retain the greatest latitude in its ability to
change attorneys and/or law firms should that become necessary. Important Note: The
individual(s) appointed as City and Successor Agency Counsel shall serve solely at the
pleasure of the Council/Agency. The City Attorney and Successor Agency Legal
Counsel is not a City/Agency employee and may be terminated at any time by the City
Council and Successor Agency, with or without cause;
a) Describe your preference for method of payment and your procedure for billing of extra
hours and expenses and any other accounting requirements. Billing statements are to be
provided to the City within 30 days of the conclusion of the billing period;
b) It is anticipated that the City and Successor Agency will contractually require monthly-
itemized statements for all services and has the right to subject these statements to audit
at least annually. Describe how you would provide for this reporting;
c) Describe the computer resources currently utilized within your office. It will be a
requirement that the City Attorney and Successor Agency Counsel utilize Microsoft
Word for all correspondence. The City Attorney and Successor Agency Counsel will be
required to connect one or more computers to the City's computer local area network, or
to maintain Internet services such that email and files can be transmitted between staff
and the City Attorney and Successor Agency Counsel.
d) The City/Agency of West Covina will require the firm with which a contract is
established, prior to commencement of work, to provide evidence of appropriate
professional liability insurance, errors and omissions insurance, and workers
compensation insurance coverage as needed. Describe how you would provide same and
in what coverage amounts.
Such coverage must be provided by an insurance company(ies) authorized to do business
in the State of California. Certificates must name the City/Agency of West Covina as an
Additional Insured and shall provide that contractor's policy is primary over any
insurance carried by the City/Agency of West Covina and that the policy will not be
cancelled or materially changed without thirty (30) days prior notice in writing to the
City/Agency of West Covina. The successful firm must agree, if awarded a contract as a
result of its proposal, to indemnify and hold harmless the City/Agency of West Covina,
its officers, agents, and employees from any and all claims and losses accruing or
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resulting to persons engaged in the work contemplated by its proposal or to persons who
may be injured or damaged by the firm or its agents in the performance of the work.
Prior to commencement of any work, these and other provisions will be established
contractually.
V. CONFLICT OF INTEREST
Please list any political contributions of money, in-kind services, or loans made to any
member of a city council within the last three years by the applicant law firm and all of
its attorneys, (including the attorney being proposed to represent the City of West
Covina).
Please list all public (local, county, State, and federal) clients for which you or your firm
currently provide services, or are under retainer. In addition, please disclose any
potential conflict that may arise from services your firm provides to any private clients.
Please include description of services rendered, contact name, and telephone number.
Please list all public (local, county, State, and federal) clients for which you or your firm
previously provided services for over the last five years. In addition, please disclose any
potential conflicts that may arise from services your firm previously provided to any
private clients.
For the firm, and or the proposed City Attorney and Successor Agency Counsel, please
specify current or known future professional commitments in order that the City/Agency
may evaluate your continuing availability for providing legal services to the
City/Commission.
VI. PROFESSIONAL REFERENCES
Please provide five professional references for the individual recommended for
appointment as the City Attorney and Successor Agency Counsel. Include with each, the
name, address, and work telephone number of the reference.
VII. EVALUATION AND SELECTION PROCESS
All proposals are due by 5:00 p.m. on Monday, April 14, 2014.
2. The Council/Agency and the City Manager/Executive Director, or their designee, shall
review all proposals. Proposals will be carefully reviewed for:
a) Depth and breadth of experience and expertise in the practice of law, most specifically in
those areas most often encountered in municipal government operations.
b) Capability to perform legal services promptly and in a manner that permits the City
Council and Successor Agency and staff to meet established deadlines and to operate in
an effective and efficient manner.
c) Degree of availability for quick response to inquiries that arise out of day-to-day
operating questions or problems.
d) Degree to which firm and individual attorneys/counsel stay current through continued
professional development and active communication with members of the municipal law
field.
e) Trial and appellate level experience and results.
e) Communication skills.
f) Documents requested in RFP.
g) Cost of services.
Qualifications and references of the top candidates based upon proposal responses will be
verified.
Personal interviews by the City Council of the top candidates will be conducted at a City
Council meeting.
5. The City Council and Successor Agency will then likely appoint the City Manager or his
designee, to negotiate the terms and conditions of a contract with the selected party, which
must then be approved by formal Council/Agency action.
6. The formal contract outlining duties and compensation will be entered into with the
successful firm.
The City Council and Successor Agency will formally appoint the individual(s) to serve as
City Attorney and Successor Agency Counsel. The appointed City Attorney and Successor
Agency Counsel is an at-will employee and shall serve at the pleasure of the City Council
and Successor Agency. The City Attorney and Successor Agency Counsel is not a
City/Agency employee and the City Council and Successor Agency may terminate the
appointment at any time, with or without cause.
Legal services to the City/Commission are anticipated to begin on or around August 1, 2014.
On behalf of the West Covina City Council and West Covina Successor Agency, thank you for
your interest and consideration.
Chris Freeland
Deputy City Manager/Community Services Director
D. All attorneys of Jones & Mayer assigned to perform approved City business shall,
at all times while this Agreement is in effect and at their sole cost and expense, be fully qualified
and licensed to practice law in the State of California and before all appropriate federal courts
and other bodies and tribunals, All attorneys assigned to represent the City must notify the City
of any complaints or proposed discipline by the State Bar of California within thirty (30) days of
receipt of complaint or proposed discipline.
E. The term of this Agreement shall commence on August 19, 2014 and shall
continue for three (3) years unless it is terminated or amended.
2. SCOPE OF :WORK
A. Jones & Mayer agrees to perform all necessary legal services as Contract City
Attorney, and shall:
1. Attend all regularly scheduled and special City Council meetings and City
Council study sessions.
2. Provide legal services on-site during office hours at City Flail as needed.
These hours of on-site service will be at regularly scheduled times made known to all members
of the City Council and to all department heads so as to facilitate informal, direct access to legal
counsel as necessary.
3. Attend other meetings at City Hall as required by the City Council or the
City Manager,
4. Advise the City Council; appointed Commissions, Committees, and
Boards; City staff; and other City officials on all legal matters pertaining to City business.
5. Prepare, review, and approve as to form, contracts, agreements,
resolutions, ordinances, and all other standard City documents.
6. Prepare such written and oral legal opinions as shall, from time to time, be
requested by the City.
7. Perform such other routine legal services as are required, from time to
time, by the City Council or the City Manager.
8. Provide in-house training to City staff on issues pertaining to civil
liability, personnel and labor, ethics (AB 1234), and other issues as, from time to time, are
identified by and requested by the City Council or the City Manager.
9. Represent the City and the Cityi.s officials, officers, and employees in
litigation and administrative proceedings as directed by the City Council or the City Manager.
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This also includes attendance at Successor Agency and Oversight Board meetings and any meet
and confer conferences that may be necessary. The City shall pay Jones & Mayer for Successor
Agency non-litigation services at the rate of $195 for all attorneys, and $100 per hour for law
clerk and paralegal services.
C. Special and Litigation Services
Litigation and special legal services matters approved by the City Manager and/or City
Council are not in the monthly retainer amount. Special legal services of an irregular, and
typically non-recurring, nature, include all litigation, whether civil or criminal, City, Successor
Agency or city utility work of unusual complexity or requiring an extraordinary dedication of
attorney time, such as Environmental Impact Reports or other complex environmental work,
initiatives, interagency conflicts/issues, negotiation and drafting of complex Owner Participation
Agreements or Disposition and Development Agreements, as determined by consultation
between the City Attorney. and the City Manager/Executive Director or City Council. The City
Attorney may not unilaterally designate any matter as a special project. City shall pay to Jones
& Mayer for litigation and special legal services $205 per hour, Paralegal services shall be paid
at the rate of $100 per hour, All costs and expenses, except for those as set forth in Section 3.E
below shall be deemed included in the foregoing hourly billing rates. Upon the sole approval of
the City, the City Attorney may contract directly with other legal firms or consultants on an as-
needed basis to effectuate the purposes of this agreement.
D. Code Enforcement
Code. enforcement services are not in the monthly retainer amount, • City shall pay Jones
& Mayer for .code enforcement/prosecution services at the rate of $160.00 per hour. Paralegal
services shall be paid at the rate of $100 per hour. These rates shall not be subject to Section 3.F
below.
E. Expenses
Jones & Mayer shall be reimbursed for direct out-of-pocket expenses actually and
necessarily incurred in the course of providing legal services under this Agreement relating to
Basic Legal Services and in preparation for and maintaining the prosecution or defense of
litigation, including without limitation: court costs, jury fees, service costs, witness fees,
deposition costs, reporters' fees, title reports, photographs, diagrams, maps, copy costs for large
projects (over 100 pages), and similar expenses.
Generally, no more than one 'attorney's time should be billed for depositions, hearings,
motions, case meetings (including intra-firm meetings), etc., unless approved by City Council. It
is expected that counsel will appropriately apportion court time (including travel costs) to each
case in which counsel is appearing in court if one or more matter is handled. Legal research for a
particular issue, that is over five hours requires pre-approval. When billing for legal research, the
entry must reflect a description of the topic researched and its relevance to the effort. A copy of
the research memo shall be sent to the City.
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Billing and Rate Increases
Jones & Mayer shall provide a monthly billing report indicating actual time spent under
the retainer, litigation matters, and additional specialized projects. The foregoing retainer and
hourly rates shall remain in full force and effect for two (2) years. Thereafter, the foregoing
billing rates shall be adjusted annually (effective as of the anniversary date of this Agreement
commencing in .2016) to reflect any increase in the cost of living based on the Consumer Price
Index increase for the prior year utilizing the standard as established by the Bureau of Labor
Statistics of the U.S. Department of Labor for all urban consumers in the Los Angeles, Riverside
and Orange County areas, or another mutually agreed upon index based on comparable data,
should the Consumer Price Index established by the Bureau of Labor Statistics be unavailable,
not to exceed 5% per year.
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G. Monthly Statements
Jones & Mayer shall submit statements of all payments due under this Agreement on a.
monthly basis to the City Manager, All work performed by Jones & Mayer shall be billed in
increments of tenths of an hour. The statement shall be in a form approved by the City, and shall
set forth a description of all work performed, the hours worked, the identity of each person
performing the work, the rate charged, and any costs or expenses eligible for reimbursement.
H. Payment
All hours shall be billed by the 15th day of each month following the close of the month
for which hours are being provided. Payment for hours shall be due and payable within thirty
(30) days of billing, after review and approval by the City Manager.
PROHIBITION AGAINST SUBCONTRACTING, DELEGATING OR ASSIGNMENT
Jones & Mayer shall not contract with or delegate to any individual or other entity to
perform on the City's behalf, in whole or in part, any of the services required under this
Agreement without the prior express approval of the City. In addition, neither this Agreement
nor any interest herein may be assigned or transferred, voluntarily or by operation of law,
without the prior express approval of the City.
CONFLICT OF INTEREST
Jones & Mayer shall at all times avoid conflicts of interest in the performance of this
Agreement. In the event that a conflict arises, Jones & Mayer shall immediately notify City.
Within thirty (30) days following execution of this Agreement, Jones & Mayer shall file a
conflict of interest disclosure statement setting forth any information related to potential conflicts
of interest to the extent such disclosure is required by law, including City's adopted conflict of
interest code.
6. INDEPENDENT CONTRACTOR
Jones & Mayer shall perform all services required under this Agreement as an
independent contractor of the City, and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Jones & Mayer shall not at
any time or in any manner represent that it or any of its employees or agents are City employees.
DISPUTE RESOLUTION
If any dispute or disagreement arises between the City and Jones & Mayer as to any
matter relating to this Agreement, including but not limited to the scope of services, the
performance of the respective responsibilities of the City and Jones. & Mayer, the quality of the
services rendered, and the billing of such services, the City and Jones & Mayer agree to confer
and attempt to resolve the matter informally. If the parties cannot agree, they agree that they will
refer the dispute for resolution to mediation to the fullest extent permitted by law. The parties
are aware that mediation is a voluntary process and pledge to cooperate fully and fairly with the
mediator in an attempt to reach a mutually satisfactory compromise of any dispute or
disagreement. The mediator shall be chosen by mutual agreement of the parties, and mediation
shall commence within thirty (30) days of either party's written request to the other for
mediation. Any agreement reached by the mediation shall be reduced to writing, be signed by the
parties, and be binding on them. This provision for mediation is an effort to protect, preserve,
and respect the requisites of a productive attorney-client relationship, but shall be without
prejudice to either party pursuing its other lawful remedies.
INSURANCE AND INDEMNIFICATION
A. Insurance
Jones & Mayer shall procure and maintain, at its cost:
a. Commercial General Liability insurance with limits not less than $1
million per occurrence, Such insurance shall designate City, its elected and
appointed officials, employees, and volunteers as additional insureds:
Such insurance shall be primary and not contribute with any insurance or
self-insurance maintained by City.
b. Business automobile liability insurance with limits not less than $1 million
per occurrence. Such insurance shall include coverage for owned, non-
owned, and hired automobiles.
Professional liability insurance with limits not less than $2,000,000 per
occurrence.
Workers' compensation insurance as required by California law and
Employer's Liability insurance with limits not less than $1 million per
accident for bodily injury or disease. The workers' compensation
insurance shall contain an endorsement stating the insurer waives any right
of subrogation against City, its elected and appointed officials, employees
and volunteers.
2. All such policies shall provide City 30 days' notice of cancellation. Self-
insured retentions must be declared and approved by City.
1 Prior to commencement of work, and throughout the term of this Agreement,
Jones & Mayer shall furnish City with certificates evidencing compliance with
the insurance requirements above. Jones & Mayer agrees to provide
complete, certified copies of all required insurance policies if requested by the
City.
4. Insurance shall be placed with insurers that maintain an A.M. Best . rating of
A-, VII or better, or otherwise meet the written approval of the City.
The Contractor shall ensure that subcontractors maintain insurance that
complies with the requirements stated herein.
B. Indemnification
Jones & Mayer shall defend, indemnify, and hold harmless the City, and its officers and
employees, from and against any and all actions, suits, proceedings, claims, demands, losses,
costs and expenses, including legal costs and attorneys' fees, for injury to person(s) or damages
to property (including property owned by the City), and for errors and omissions committed by
Jones & Mayer, its officers, employees, and agents, arising out of or relating to Jones & Mayer's
performance under this Agreement, except where such injury, damage, error(s) or omission(s)
may be caused by City's sole negligence, active negligence, or willful misconduct or that of the
City's officers or employees.
RECORDS AND REPORTS
A. Records
Jones & Mayer shall keep such books and records as shall be necessary to perform the
services required by this Agreement and to enable the City to evaluate the performance of the
required services. The City shall have full and free access to such books and records that deal
specifically with the services performed by Jones & Mayer for City at all reasonable times,
including the right to inspect, copy, audit, and make summaries and transcripts from such
records.
B. Ownership of Documents
All reports, records, documents, and other materials prepared by Jones & Mayer, its
employees and agents in the performance of this Agreement shall be the property of the City and
shall be delivered to the City upon request by the City or upon termination of this Agreement.
Jones & Mayer shall have no claim for further or additional compensation as a result of the
exercise by the City of its full rights of ownership of the documents and material hereunder.
Jones & Mayer may retain copies of such documents for its own use
C. Release of Documents
No report, record, document, or other material prepared by Jones & Mayer in the
performance of services under this Agreement shall be released publicly without prior written
approval of the City, except as may be required by law.
NONDISCRIMINATION
Jones & Mayer pledges there shall be no discrimination against or segregation of any
person or group of persons on account of race, color, creed, religion, sex, marital status,
disability, sexual or gender orientation, national origin, or ancestry in the performance of
services under this Agreement,
TERMINATION
A. Termination by City
Jones & Mayer shall at all times serve under the terms of this Agreement at the pleasure
of the City Council, and the City Council hereby reserves the right to terminate this Agreement
at will, with or without cause, by providing written notice to Jones & Mayer. Upon receipt of
any notice of termination, Jones & Mayer shall cease all services under this Agreement except as
may be specifically approved by the City. At that time, all further obligations of the City to pay
Jones & Mayer for services rendered under this Agreement shall thereupon cease, except as set
forth in Section 12,C below; provided, however, that the City shall be obliged to pay for all
services, costs, and expenditures lawfully incurred by Jones & Mayer prior to the effective date
of such termination, or subsequent to the date of termination at the direction of City.
Termination by Jones & Mayer
Jones & Mayer reserves the right to terminate this Agreement by giving ninety (90) days'
advance written notice to City.
C. Mutual Obligations upon Termination by Either Party
In the event of termination of this Agreement • by either party, Jones & Mayer shall
cooperate with the City in transferring the files and assignments to the City Clerk or other person
designated by City pending the hiring of another City Attorney. Jones & Mayer shall be
compensated at the hourly rates set forth in Section 3 of this Agreement should Jones & Mayer
be called upon to perform any services after the effective date of termination, including the
transfer of files and assignments.
12. NOTICES
Notices regarding this Agreement shall be given in writing to the parties at the following
addresses:
City Manager
City of West Covina
The City of West Covina City Hall
1444 West Garvey Avenue South
West Covina, CA 91790
Jones & Mayer
3777 North Harbor Bonlevard
Fullerton, CA 92835
AMENDMENT OF AGREEMENT
This Agreement contains all of the agreements of Jones & Mayer and the City. This
Agreement may be amended at any time by mutual consent of the parties by an instrument in
writing.
IN WITNESS WHEREOF, the duly authorized representatives of the parties have executed this
Agreement in duplicate the day of , 2014.
CITY OF WEST COVINA
Municipal Corporation of the State of California
By:
Steve Herfert, Mayor
ATTEST:
Sue Rush, City Clerk
JONES & MAYER
By: -"IA,.
R.' eh rd D. .
V j'
By: 42111.iiiii.
Owner
r
EXHIBIT "A"
COMPENSATION AND REIMBURSEMENT
a) and b) General Counsel Services Retainer and Excess hours
Basic legal services would be included in our monthly retainer. Basic legal services are those
services identified in the Request for Proposal which involve regular, recurring legal and factual
issues. General legal services include: Attendance at City Council, Planning Commission and
other subordinate City/Agency meetings, attendance at regular staff meetings, providing legal
counsel and advice to elected and appointed Officials as to City business, work with City Staff
on all agenda items for City meetings, routine negotiation, drafting, review and revision of City
agendas, agreements, contracts, instruments, ordinances, reports, resolutions, and other
documents as requested by City, providing legal advice concerning Brown Act, CEQA, Public
Records Act, Political Reform Act and other conflict of interest compliance, and most
supervision of legal services performed by special counsel. Additionally, basic legal services will
include legal work related to property acquisition, zoning, property disposal, public
improvements, public rights of ways and easements, and matters relating to public utilities. Basic
legal services will be covered under a monthly retainer amount of $13,125 for up to 75 hours per
month, with additional hours of basic legal services provided at the blended rate of $195 per hour
for all attorneys. Law clerk and paralegal services are billed at $100 per hour. Should we not
reach the 75 hour threshold in any given monthly billing period, any unused time would be rolled
over to the next month, so that West Covina is never paying for time it is not using.
c) Successor Agency Services
Successor agency services are those services which pertain to the dissolution of
redevelopment. This includes, but is not limited to, providing analysis, research, and support
concerning dissolution of the City's redevelopment agency by providing legal advice to staff,
review of all documents generated, and interactions with the California Department of Finance.
This also includes attendance at Successor Agency and Oversight Board meetings and any meet
and confer conferences that may be necessary. Successor agency non-litigation services will be
billed at the rate of $195 for all attorneys, and $100 per hour for law clerk and paralegal services.
d) Special Legal Services
Special or "extra" legal services include those matters which present unique legal and/or
factual issues, and are billed at a rate of $205 per hour ($100 per hour for law clerk/paralegal
time). Special legal services differ from general legal services in that they are of an irregular, and
typically non-recurring basis. Examples include all litigation, whether civil or criminal, City,
Successor Agency or utility work of unusual complexity or requiring an extraordinary dedication
of attorney time. Items subject to this categorization are determined by consultation between the
City Attorney and the City Manager/Executive Director or City Council, such as Environmental
Impact Reports or other complex environmental work, initiatives, interagency conflicts/issues,
negotiation and drafting of complex Owner Participation Agreements or Disposition and
Attachment No. 3 —
0
KIMBERLY
HALL BARLOW
artner
Practice Areas
Municipal Law
Employment and First Amendment
Litigation
Writs and Appeals
Land Use and Zoning
Education
T.D. University of California, Los
Angeles, School of Law, 1990,
Order of the Coif,
Outstanding Graduate
Student of the Year
B.A. with Honors, California State
University, Fullerton, 1986
Bar and Court Admissions
United States Supreme Court
California Supreme Court
United States Court of Appeals for
the Ninth Circuit
United States District Court for the
Central, Southern, Eastern, and
Northern Districts of California
Professional Affiliations
Orange County City Attorneys
Association
Los Angeles County City Attorneys
Association
International Municipal Lawyers
Association
(714) 446-1400
Graduating third in her class from UCLA Law School, Ms. Barlow
joined the Law Office of Jones 8r., Mayer in 1993. Her practice is
devoted almost exclusively to municipal law and litigation. In that
capacity, Ms. Barlow has served in the capacity of Assistant City
Attorney and City Attorney for 20 years. Ms. Barlow handles
specialized litigation on behalf of the firm's public entity clients,
including first amendment and civil rights litigation, adult use
ordinances, tax matters and administrative and traditional petitions for
writ of mandate.
She has successfully defended numerous complex writ cases involving
alleged violations of the Brown Act and Conflict of Interest laws,
CEQA claims, licensing and permit decisions, including revocations of
conditional use permits, and inverse condemnation claims. She also
regularly prepares ordinances, resolutions, complex transactional
documents such as for purchase and lease of public property,
development agreements and memoranda of understanding.
Ms. Barlow currently serves as the City Attorney for the City of Upland
and as Assistant City Attorney to a number of the firm's other city
clients. She also serves as Successor Agency Counsel for seven cities
and as Counsel to the Downey Oversight Board. In addition to
providing the full range of legal services for these clients, Ms. Barlow
conducts citywide training in discrimination and harassment
prevention, ethics, Brown Act and conflicts, and H1PAA compliance.
She also investigates personnel complaints, particularly involving
harassment claims. Further, she serves as counsel to civilian personnel
boards hearing employee grievances.
Ms. Barlow has previously served on the League of California Cities
Legal Advocacy Committee, and as an officer of the Orange County
City Attorney's Association. She also served for seven years on the
Executive Committee of the Utility Users Tax Technical Task Force,
which was a sub-committee of the California League of Cities Revenue
and Taxation Committee. She previously served as a judicial clerk for
the Honorable Ferdinand F. Fernandez, Circuit Judge, Ninth Circuit
Court of Appeals. Early in her career, Ms. Barlow practiced with the
law firm of Irell & Manella as a litigation associate focusing on
insurance, construction, environmental and real estate litigation. She
also has served on several local community non-profit boards,
including the W'TLC, a domestic violence shelter and transitional
housing-provider.
.0
Senior Associate
Practice Areas
Public Law
Transactional Law
Civil Litigation
Education
ID., UCLA School of Law,
Los Angeles, CA 2002
Graduate Division Fellowship
Public Interest Law Foundation
Summer Grant
Managing Editor, Asian Pacific
American Law Journal
Volunteer, Asian Pacific American
Legal Clinic
Member, Asian Pacific Islander Law
Students Association
B.A., UCLA, Los Angeles, CA 1999
Political Science, Concentration in
American Politics
UCLA Endowed Scholarship
College of Letters and Science
Honors
Bar and Court Admissions
California Supreme Court
United States Court of Appeals for the
Ninth Circuit
United States District Court for the
Northern, Central, and Southern
Districts of California
Professional Affiliations
State Bar of California
Orange County Bar Association
0
0
IVY M. TSAI
14) 446-1400
Ivy Tsai joined the fitm in 2004 and focuses her practice on
municipal law. She serves as the Assistant City Attorney
for the cities of California City, Grand Terrace, and Upland
and also provides legal guidance and representation to the
firm's other city clients. Ms. Tsai works closely with city
staff on matters including the Brown Act, Public Records
Act, public contracting, ordinances and resolutions, and
specialized projects. She also serves as legal counsel to the
Gateway Cities Council of Governments and San Gabriel
Valley Council of Governments, providing legal guidance
on regional issues including coordination and partnership
on transportation and energy matters. Ms. Tsai's duties
include attending City Council, Governing Board, Planning
Commission, and other committee meetings, as well as
representing clients in negotiations and conflict resolution.
Ms. Tsai has also litigated cases on behalf of the firm's
clients and has drafted and argued successful motions at
both the trial and appellate levels in a variety of cases
ranging from dangerous condition of public property to
inverse condemnation.
Ms. Tsai received a Bachelors of Arts in political science
from the University of California, Los Angeles. She also
received her law degree from the University of California,
Los Angeles. Ms. Tsai was admitted to the State Bar of
California in 2002.
0
City of West Covina
Memorandum
AGENDA
TO: Mayor and City Council ITEM NO.
FROM: Christopher J. Chung DATE August 18, 2014
City Manager
BY: Mike Lee
Assistant City Manager/Community Development Commission Director
SUBJECT: DISCUSSION OF CITY COUNCIL SMART GOALS AND PROPOSED
OBJECTIVES
RECOMMENDATION:
It is recommended that the City Council consider and discuss the City Council SMART Goals and
Objectives, and provide staff with any direction, and/or approve the City Council SMART Goals
and Objectives.
DISCUSSION:
The City of West Covina is a prominent and progressive City in the San Gabriel Valley. As the
conummity evolves and the governance environment changes, it is important to review existing goals
and set new goals that are responsive to the current environment. Setting goals is a strategic
planning practice for the City Council to review any existing goals, set new goals to ensure that the
City's efforts are responsive to the desires and needs of the citizemy and that good progress is being
made toward the Council's desired quality of life. Goal setting by the City Council has the following
benefits:
A better understanding by citizens and staff of the City Council's plans as a single governing
body for the future of the City of West Covina.
More priority projects will be completed successfully and timely.
Staff is more focused and effective in addressing City Council priorities
Staff is more accountable to the City Council for achieving City Council Goals.
City Council and staff are less inclined to be side-tracked by less important activities or
projects.
Formally adopted City Council Goals provide staff official direction to plan and organize
resources to ensure their completion.
On February 18, 2014, the City of West Covina City Council approved a consultant contract with
Ray Patchett & Associates to facilitate and support a City Council goal setting study session. Mr.
Patchett's scope of work set forth the following goal setting process:
Coordinate SMART Goal Process design and schedule with City Manager's office. SMART
goals are defined as Specific, Measurable, Achievable, Results Oriented, Time Bound;
Meet individually with City Council Members to collect goals ideas;
Summarize input for City Council Study Session;
Facilitate City Council Study Session, developing draft SMART goals;
Draft final Strategic Priorities and SMART Goals;
Adopt City Council SMART Goals; and,
Monitor and assess implementation of Smart Goals.
On April 23, 2014, the City Council held a Study Session which was facilitated by Mr. Patchett to
develop and prioritize SMART Goals. The City Council developed and prioritized the following
goals:
GOALS:
Assess the City of West Covina's financial health and economic sustainability (reserve
levels) to optimize revenues and prioritize expenditures.
Review public safety (Police and Fire) and code enforcement response and resource
framework and assess citizens' sense of health, safety and well-being.
Complete General Plan update.
Develop a City website that is user-friendly, transparent and informative.
Construct soccer complex at Orangewood Park.
Foster volunteerism by partnering with Community Services Groups on projects (i.e.
Special Olympics Host City, Community Service Day).
Update City's campaign ordinance.
Explore development of a joint-use transit parking facility at mall or civic center.
Update public records request process.
10. Re-establish Sister City relationships with sister cities (Ohtawara, Japan & Wuhu,
China).
11. Develop concept plan for an aquatics complex.
12. Prepare specific plan to revitalize the Glendora Avenue corridor that creates a sense of
community identity and a sense of place. (Included but not rated)
13. Optimize developable land for the Brownfields (BK.K.) land. (Included but not rated)
14. Update Municipal Code. (Included but not rated)
In order to implement the goals set and prioritized by the City Council, City staff identified
proposed objectives and timelines (Attachment No. 1) that if approved, will be followed to
successfully complete each individual goal. Items 12, 13 and 14 were identified as goals, but did
not gain 5 separate ratings in order to be rated and prioritize properly. During the August 18, 2014
City Council meeting, The City's consultant Ray Patchett will review the Goals and Objectives with
the City Council. The proposed objectives can be amended or eliminated by the City Council to
better reflect the intent of the City Council.
It is important to note that the City Council's Goals and Objectives can be reviewed annually and
can be amended, eliminated, and/or reprioritized by the City Council at any point in time.
City departments have also prepared department performance measures (Attachment No. 2), which
have been revamped to be more clearly defined as outcome based and are consistent with the
recommendations made by the Los Angeles County Civil Grand Jury. The performance measures
are meant to accompany the City Council's Goals and Objectives. The City Council's Goals and
Objectives and the department performance measures will both be incorporated into the City's
Fiscal Year 2014-2015 Operating and Capital Improvement Program Budget approved by the City
Council on June 17, 2014.
FISCAL IMPACT:
There is no fiscal impact in approving the City Council's SMART Goals and Objectives.
613 -,repared by:
A 011 A
1 ,-----,
Mike Lee
Assistant City Manager/CDC Director
Attachment No. 1: City Council's Goals and Objectives
Attachment No. 2: Department Performance Measure
Z:\StaffReports\2014 Staff Reports/Discussion of CC SMART Goals & Objectives/0818
lir Attachment No klin Au .2:;..4
City of West Covina
City Council Priority Goals
August 18, 2014
Council
Priority
(Rated)
SMART GOALS
and Objectives
Completion Responsible I
Date Party I
1 Assess the City of West Covina's financial health and economic sustainability
(1.0) (reserve levels) to optimize revenues and prioritize expenditures.
Objective 1.1: Establish a fund balance reserve policy and set aside funds each year.
Objective 1.1 (a): Review the funding at the close of each fiscal year.
Objective 1.2: Promote economic development to market the City, attract businesses, create new
jobs, and generate new revenues.
Objective 1.2 (a): Market City and commercial vacancies at the International Conference of
Shopping Centers to potential commercial tenants to increase sales tax revenues and jobs.
Objective 1.2 (b): Market available properties to hotels at International Conference of
Shopping Centers to increase transient occupancy tax revenues.
Objective 1.2 (c): Update Available Property Listing (APL) on the City website to market
building vacancies.
Objective 1.3: Evaluate and improve City revenues.
Objective 1.3 (a): Prepare a Comprehensive Revenue Handbook that defines the types of
revenues and allowable uses of such revenues.
Objective 1.3 (b): Conduct a community survey on the possibility of generating new revenues
for public safety services.
Objective 1.3 (c): Review/evaluate City Fee and Charge to ensure City is not subsidiz
All
Completed Fin/Adm
Annual review Fin/Adm
October 2014 and CDC
May 2015
October 2014 and CDC
May 2015
December 2014 CDC
January 2015 Fin/Adm
March 2015 CM0
March 2015 Fin/Adm
Page 1 of 12
2
(3.0)
Review public safety (Police and Fire) and Community Enhancement response and
resource framework and assess citizens' sense of health, safety, and well-being.
POLICE DEPARTMENT:
PD/Fire
Objective 2.1: Enhance public access to Police Department Crime Information/Services.
Objective 2.1 (a): Publish monthly graffiti statistics on the Police Department website. October 2014 PD
Objective 2.1 (b): Create web-based graffiti crime reporting portal for both Police and October 2014 PD
SCE, including internet link and phone number.
Objective 2.1 (c): Publish yearly crime statistics on department website. March 2015 PD
Objective 2.1 (d): Integrate "Crime Analysis" as part of overall crime fighting efforts. September 2014 PD
Objective 2.1 (e): Implement On-Line crime reporting. July 2015 PD
Objective 2.1 (f): Implement police activity crime mapping. November 2014 PD
Objective 2.1 (g): Provide public access to California sex registrant database. November 2014 PD
Objective 2.2: Implement Station Security Plan to improve security and reduce associated liability.
Objective 2.2 (a): Implement card reader technology for access control to the facility and July 2015 PD
sensitive areas within (evidence, armory, forensics, etc.).
Objective 2.2 (b): Implement comprehensive CCTV systems in Jail, Police Station, and suspect January 2016 PD
interview rooms.
Objective 2.3: Outsource non-critical law enforcement services to improve efficiency of police
workforce.
Objective 2.3 (a): Select, negotiate, and implement professional crossing guard services. January 2015 PD
Objective 2.3 (b): Select and negotiate a professional, qualified vendor for administrative July 2015 PD
citation processing (parking, graffiti, noise, booking fees, alarms, etc.).
Objective 2.4: Improve Community Enhancement response in community.
Page 3 of 12
Objective 2.4 (a): Create new community enhancement position in budget. Completed PD
Objective 2.4 (b): Designate reporting/supervision guidelines for Community Enhancement. Completed PD
Objective 2.4 (c): Create guideline to ensure Community Enhancement personnel are September 2014 PD
professional and friendly at all time and avoid utilizing other police department resources to
obtain code compliance.
Objective 2.4 (d): Hire and train additional Community Enhancement staff. March 2015 PD
Objective 2.5: Examine police staffing to improve public safety services.
Objective 2.5 (a): Examine service delivery model (patrol, dispatch, and records). March 2015 PD
Objective 2.5 (b): Reduce overtime in comparison to calls for service/response times. March 2015 PD
Objective 2.5 (c): Review number of police personnel in comparison to specific department March 2015 PD
needs.
FIRE DEPARTMENT:
Objective 2.6: Hire new Fire Chief January 2015 Fire
Objective 2.7: Complete implementation of 2013 SAFER grant staffing model. November 2014 Fire
Objective 2.8: Accept and place into service two new rescue ambulances. Completed Fire
Objective 2.9: Purchase new ladder truck. February 2015 Fire
Objective 2.10: Assess and improve efficiency of fire prevention bureau. October 2014 Fire
Objective 2.11: Implement a customer service assessment program for both February 2015 Fire
Suppression and Prevention divisions of the Fire Department.
Objective 2.12: Assess Fire Department response times and display response times on Fire April 2015 Fire
Department page of City website.
Objective 2.13: Determine proposed Fire department staffing model to replace 2013 SAFER January 2016 Fire/Fin/Adm/
staffing model at the end of the performance period. CM()
Page 4 of 12
3 Complete General Plan Update.
(3.2)
Objective 3.1: Complete and release Request for Proposal (REP) for consultant.
Objective 3.2: Review RFP submittals and select recommended consultant.
Objective 3.3: City Council review & approval of selected consultant.
Objective 3.4: Creation of baseline date, public input, prepare General Plan elements, prepare
California Environmental Quality Act (CEQA) documentation.
Planning
Completed I Planning
Completed Planning
Completed I Planning
September 2014 to Planning
September 2016
Objective 3.5: Complete General Plan Update (City Council adoption). September 2016 Planning
4
(4.6)
Develop a City website that is user-friendly, transparent, and informative. CM0
Objective 4.1: Award of contract for website designer (Vision Internet) to develop new City
webs ite.
Completed CM0
Objective 4.2: Assemble cross functional team from all City Departments to develop website. Completed CM()
Objective 4.3: Complete graphic design of website. Completed CMO
Objective 4.4: Content migration from existing website to new website. August 2014 All
Objective 4.5: Train City staff on website editing. August 2014 All
Objective 4.6: Implement software/App additions (Community View GIS, new SIRE, etc.) September 2014 All
Objective 4.7: Launch of new City website. October 2014 CMO
Page 5 of 12
5
(6.0)
Construct Soccer Complex at Orangewood Park.
Objective 5.1: RFP for design (construction document). Completed
December 2014
February 2015
April 2015
May 2015
June 2016
July 2016
PW/CSD/
Fin/Adm
PW/CSD
PW
PW
PW
CSD
PW
CSD
Objective 5.2: City Council to award bid for construction drawing services.
Objective 5.3: RFP for construction.
Objective 5.4: City Council to award construction contract.1
Objective 5.5: Ground Breaking.
Objective 5.6: Completion of construction.
Objective 5.7: Dedication ceremony.
*Note 1: The project can be awarded in phases depending on available funding.
Page 6 of 12
6
(6.6)
Foster volunteerism by partnering with Community Services Groups on projects
(i.e. Special Olympics Host City, Community Service Day).
CSD/CMO
Objective 6.1: Create a Community Service Day Event for the City of West Covina.
Objective 6.1 (a): Form a Community Service Group. Completed CSD/CMO
Objective 6.1 (b): Community Service Group selects date of Community Service Day. Completed CSD/CMO
Objective 6.1 (c): Encourage participation at Community Service Day. Ongoing CSD/CMO
Objective 6.1 (d): Community Service Group coordinates and conducts West Covina October 4, 2014 CSD/CMO
Community Service Day.
Objective 6.2: Become a Host Town for Special Olympics.
Objective 6.2 (a): City Council approves agreement to be a Host Town for Special Completed CSD/CMO
Olympics.
Objective 6.2 (b): City hosts the Host Town Announcement Ceremony at Big League Completed CSD/CMO
Dreams.
Objective 6.2 (c): City forms Special Olympics Host Town Committee. September 2014 CSD/CMO
Objective 6.2 (d): City's Host Town Committee completes all planning of activities for visit. June 2015 CSD/CMO
Objective 6.2 (e): City's Host Town Committee welcomes Visitors. July 21, 2015 to CSD/CMO
July 24, 2015
Objective 6.2 (f): City celebrates Olympic Torch Relay through West Covina. TBD ALL
Objective 6.3: Promote Adopt A Park Program with Non-Profit Groups. Completed but
ongoing
CSD
Page 7 of 12
7
(8.6)
Update City's Campaign Ordinance. City Clerk/
City Attorney
Objective 7.1: Prepare staff report for Council discussion and direction. January 2015 City Attorney
Objective 7.2: If Council provides direction to proceed, draft and introduce new ordinance. February 2015 to City Attorney
March 2015
Objective 7.3: Second reading of ordinance. March 2015 City Clerk
Objective 7.4: Ordinance effective date 30 days later. Copy of ordinance sent to all open April 2015 City Clerk
committees.
8
(9.0)
Explore development of a joint-use transit parking facility at mall or Civic Center. CDC/PW/CSD
Planning
Objective 8.1: Seek City Council direction on whether to conceptually pursue development of a November 2014 CDC/CSD
joint-use transit parking facility at mall or Civic Center.
Objective 8.2: City staff to meet with prospective property landowners to determine possible November 2014 CDC/CSD
desire, location, and financial feasibility.
Objective 8.3: Develop detailed report summarizing steps to implement the proposed January 2015 CDC
development.
Page 8 of 12
, .
on - 111:1
9 Update public records request process.
(9.6)
Objective 9.1: Update Public Records Request Administrative Policy Completed
City Clerk
City Clerk
Objective 9.2: City Attorney to review new policy for any substantive amendments. I September 2014 I City Attorney
Reestablish Sister City relationships with sister cities (Ohtawara, Japan & Wuhu,
China).
Objective 10.1: Promote both Sister Cities in the City's new website, with links to their City
webs ites.
CMO
October 2014 I CM0
Objective 10.2: Invite the Mayor of Wuhu, China to make an inaugural visit to West Covina.
Objective 10.3: Promote Wuhu, China relationship at the 2015 Chinese Lantern Festival.
Objective 10.4: Promote Ohtawara, Japan relationship at the 2015 Cherry Blossom Festival.
Objective 10.5: Partner with the East San Gabriel Valley Japanese Community Center on the
scheduling of the activities for Ohtawara's visit in 2015.
October 2014 I CMO
February 2015 I CM0
April 2015 I CM0
July 2015 I CM0
Page 9 of 12
134
Not
Rated
Optimize developable land for the Brownfields (BI<K) land. CDC/PW/
Planning
Objective 13.1: Seek City Council/Successor Agency direction on the type of development to be Est. November
2014
CDC
pursued at the former BKK landfill consistent with the BKK Landfill Closure Plan approved by
United States Environmental Protection Agency (USEPA), California Department of Toxic Control
Substances (DTSC), and other affected regulatory agencies'.
Objective 13.2: Develop detailed report summarizing steps and estimated cost to implement the Est. January 2015 CDC
proposed development.
*Note 3: The development of a public golf course is the current and only land use approved by the Regulatory
Agencies. If an alternative development project is selected by the City/Successor Agency, new approvals will need
to be obtained. In addition, any development would be subject to approvals of the State Department of Finance
and completing a Long Range Property Management Plan approved by the Oversight Board.
* Note 4: Item 13 was identified as a goal but did not gain 5 separate ratings in order to be rated and prioritized
properly.
Page 11 of 12
145 Update Municipal Code.
Not
Rated
Objective 14.1: Upon completion of General Plan Update (September 2016), determine the cost,
ability and timeframe to update the Zoning Code Ordinance.
Objective 14.2: Commence comprehensive review of current Municipal Code to identify other
sections of the Municipal Code that may need to be updated.
Objective 14.3: Seek City Council direction to update sections or the entire Municipal Code based
on cost, available funding source, staff resources, timeframe, ability and necessity.
Objective 14.4: Hire consultant and complete update of Municipal Code, if necessary.
Planning/ City
Clerk/ City
Attorney
Est. October 2016 Planning
Est. October 2016 City Clerk/CA
Est. January 2017 City Clerk/CA
Est. January 2018 City Clerk/CA
*Note 5: Item 14 was identified as a goal but did not gain 5 separate ratings in order to be rated and prioritized
Completion Dates maybe subject to change pending City Council action.
Page 12 of 12
PERFORMANCE MEASURES - CITY CLERK'S OFFICE
.e ormalloe„ .easTge
2010-2011
c tun]
2011-201 '
Actual
1 • 212-2U13
Aiiit Al
2O13-214
Nto-tiA t c d 2,014 015
Post City Council meeting
videos within four (4)
business days of Council
meeting / 95% or greater
Data Not
Available
Data Not
Available
Data Not
Available
Data Not
Available 950/0
Submit City Council
meeting minutes for
approval no later than two
subsequent regular meeting
dates / 90% or greater
Data Not
Available
Data Not
Available
Data Not
Available
Data Not
Available 90%
Posting of the council meeting video following the live council meeting is essential to provide
transparency and to allow those who were not able to attend the meeting to view the meeting. The goal is
to post City Council meetings within four (4) business days of the Council meeting at 95 % success rate.
Preparation of the minutes following the City Council meetings provides staff and the public a record of
the actions taken by the City Council. The goal is to complete all City Council meeting minutes in a
timely manner and present to the City Council for approval within a two meeting cycle at 90% success
rate.
PERFORMANCE MEASURES - COMMUNITY SERVICES DEPARTMENT
ggi:01:q4:'=,!1:2*AstAloweg-L'ARt:'1: 2 ()11,L2012 _,--1,'::-2012=2013::. 2013=2014 . . V.:46flotiidAffee.ilteaAirel'qi'•"VANAi • .• • C \tu -iI Is 1.11111!gs,k.
Maintain a minimum 80%
on-time rate for the Go
West Fixed Route Shuttle,
which the industry standard
considers to be up to one
minute early or three
minutes late.
Data Not
Available
Data Not
Available
Data Not
Available 84% 85%
Maintain at least an 80%
General Fund expense
recovery rate at the
Cameron Community
Center/Gymnasium.
84% 92% 93% 96% 96%
Increase number of
volunteer hours provided
by community
groups/individuals in
assisting the City to
provide a variety of events,
projects, and programs.
Data Not
Available
Data Not
Available
Data Not
Available
Data Not
Available
10,000
Hours
Maintain at least 55 high
quality and affordable
community events designed
to entertain local residents.
Data Not
Available
Data Not
Available
Data Not
Available 51 55
The Go West Shuttle is the City of West Covina's fixed route transit system that consists of three
alignments (Red, Blue, and Green) that operate Monday-Friday from 6:30 a.m. to 7:00 p.m. with over
104,000 annual passengers served. The goal is to maintain 80% on-time rate for the Go West Shuttle.
The Cameron Community Center/Gymnasium provides a variety of programming from basketball
leagues, gymnastics, karate, volleyball, open play, facility rentals, etc. Community Services has been
working diligently to reduce the City's General Fund subsidy of the Cameron Community
Center/Gymnasium through class fees and rental income from use of the facility by outside groups. The
goal is to reduce the General Fund subsidy of the Fee & Charge Program at Cameron and recover at least
80% of expense.
In 2014, the City Council identified the importance of providing volunteer opportunities to allow
residents to become involved in their community. In the upcoming year, City staff will monitor the hours
of volunteers serving at the Senior Center, Youth Council, Adopt A Park, Community Services Day, and
various other community programs. The goal is to achieve 10,000 volunteer hours.
The City Council has been very supportive of a wide variety of community-wide events (i.e. 4th of July
Celebration, Summer Concerts, Movies in the Park, Breakfast with Santa, Egg Celebration, Ghoster Park,
themed lunches at the Senior Center, and many more). Community Services will be seeking ways to
provide additional community events, including partnering with local non-profit groups. The goal is to
maintain the number of community events at 55 per year.
PERFORMANCE MEASURES - FIRE DEPARTMENT
Po-forithmuce :n leasure 201H-2011
1ctmil
2(111-1 0 _
:1 \:ctuai
2012_2Q1
k.etti 0
1 11,/014
stimated
2014-2015
Priority 1 Emergency
Response times: Percentage
of first arriving unit on
scene within 6 minutes or
less / 70% or greater
78% 79% 78% 74% 78%
Priority 1 Emergency
Response times:
Percentage of second
arriving unit on scene
within 8 minutes or less /
80% greater
87% 86% 85% 84% 85%
Response time in minutes
(50th percentile-mean
average)
4:50
minutes
4:48
minutes
4:50
minutes
4:59
minutes
4:50
minutes
Priority 1 emergency responses include all emergency related requests for both fire and emergency
medical services. Priority 1 calls for assistance do not include public assistance or complaint calls.
Response times are measured from the time the call is received by the dispatch center until the unit arrives
at the emergency scene. The number displayed in the table denotes the total percentage of calls for
service in which West Covina Fire units arrive at scene in six minutes or less from time of request. The
goal is to achieve 1st unit response within 6 minutes or less, 70% of the time.
The number displayed in the table denotes the total percentage of calls for service in which West Covina
Fire 2' units arrive at scene in eight minutes or less from time of request. The goal is to achieve 2" unit
response within 8 minutes or less, 80% of the time.
The response time displayed in the table indicates the total time in minutes for West Covina Fire units to
arrive at scene fifty percent of the time. The goal is to arrive at scene in 4:50 minutes, 50% of the time.
PERFORMANCE MEASURES - PLANNING DEPARTMENT
. _
rertorma [ICC VII aStIft
17a IA PA
2010-2011
_ketaal
2011-2012i
1dual
.1 2.1in
\ awl'
3.L/014
EstimatL d
2014-2015%
Processing of
Submittals/Applications
are completed within
established timelines
within 30 days of submittal
/ 95% or greater
Data Not
Available
Data Not
Available
Data Not
Available
Data Not
Available 95%
Schedule Study Sessions
for Code Amendments
directed by City Council
within 90 days of initiation
/ 75% or greater
Data Not
Available
Data Not
Available
Data Not
Available 67% 75%
In Fiscal Year 2014-2015 the Planning Department received over 150 entitlement applications for new
construction, additions, modifications, and for business uses. Per established standards, applications are
reviewed and determined to be complete or incomplete, which requires a response within 30 days of
submittal of the application. The goal is to have review of application within 30 days of submittal at 95%
success rate.
Code amendments are processed at the direction of the City Council and the Planning Commission.
During the current fiscal year, the City Council directed staff to prepare three Code Amendments. The
Planning Department scheduled a study session within 90 days for 67% of the requested Code
Amendments. The goal is to schedule a study session within 90 days of initiation by City Council at 75%
success rate.
In Fiscal Year 2014-15, the Planning Department will be embarking upon a General Plan Update. Due
to the allocation of staff resources toward that General Plan Update, there may be challenges in
responding to applications and code amendments during the 24 months time period allocated to complete
this project.
PERFORMANCE MEASURES - POLICE DEPARTMENT
I' c *MEM t a silt t- 2o10-tO1l
kctual
/ 11=2012
Ac,tu al
2))12-2(113
Alet ual
/ 7 -2014
1 stimatecl
20S4-2015'
Reduce the average Priority
1 response time with goal of
meeting the industry
standard 5 minutes.
5:41 5:28 5:30 5:22 5 minutes
Reduce the average Priority
2 response time, with goal
of under 20 minutes.
16:54 16:57 17:41 or ess
19:59 20minutes l
Reduce the average Priority
3 response time, with goal
of under 30 minutes.
24:38 24:30 24:54 27:07 30 minutes or less
Clearance rate of active
investigations, with goal of
maintaining a 25% or
higher clearance rate for all
active cases.
38% 25% 30% 34% 25%
Maintain West Covina
Service Group clients at 23
clients.
104% 104% 100% 100% 100%
Close 95 % of all city
property and zoning cases
received by Community
Enhancement per year.
100% 100% 99.9% 97.2% 98%
Priority 1 response times: Defined as in-progress emergency calls for service. Response times are
measured from the time the call is received until the first officer arrives on scene (i.e. burglary in-
progress, traffic accident with injuries etc.). The goal is to be at or under 5 minutes.
Priority 2 response times: Calls for services that are high priority but non-emergency (i.e. theft, party
calls, reckless driver non-injury accident etc.). The goal is to be at or under 20 minutes.
Priority 3 response times: Non-emergency low priority calls for service (audible alarms, report calls etc.).
The goal is to be at or under 30 minutes.
Clearance rate is the total number of active cases reported that are closed by arrest, warrant, or DA
rejection due to lack of evidence, prosecution, District Attorney rejection, or a victim unwilling to
prosecute the suspect if located. The goal is to have a clearance rate of 25% or higher.
Maintain West Covina Service Group clients at 23 clients. The goal is to keep 100% of all clients.
Property/Zoning violations: Community Enhancement receives over 1,100 property and zoning violations
per year. The goal is to close 95% of all city property and zoning cases received by Community
Enhancement per year.
PERFORMANCE MEASURES - PUBLIC WORKS
_i ., 111-2o12 cf22o i 20
"
13 ' 2014
kifila
41.".2015
Fleet units available for
use / 95% or greater
Data Not
Available
Data Not
Available
Data Not
Available 95 /o 95 /0
Customer Service Survey
Fleet Repairs / 90% or
greater satisfaction rate
Data Not
Available
Data Not
Available
Data Not
Available 85% 90%
Fleet repair reduce returns
/ less than 1.5%
Data Not
Available
Data Not
Available
Data Not
Available 2.5°A . 2.0%
Averag-e of Street
Pavement Condition Index
/78
Data Not
Available
Data Not
Available
Data Not
Available 73 78
Clean up of parks and city
facilities within 48 hours
of initial complaint / 80%
or greater
Data Not
Available
Data Not
Available
Data Not
Available 90°A 90%
Building inspection
response within the next
day / 95% of the time
Data Not
Available
Data Not
Available
Data Not
Available 95% 95%
Public Works maintains the City fleet of over 200 vehicles. The goal is to have fleet units available for
use 95% of the time.
Service feedback is a vital part in providing great customer service. The goal is to have Customer Service
Survey Fleet Repairs at 90% or greater satisfaction rate.
Public Works repairs the City fleet of over 200 vehicles and equipment including Police emergency
vehicles, Fire apparatus, generators, and trailers. The goal is to reduce the number of vehicles returned
for a repair due to an insufficient repair the first time at a rate less than 1.5%.
Public Works maintains the City streets and rates them on a scale of 0 to 100 with 100 being the best. A
Pavement Management system is used to rank the streets and prioritize their repair based on available
funding. It is expected that the continued use of pavement overlays will improve the rating of the streets
and as a benefit, it will increase the aesthetics of the City. The goal is to achieve an average Street
Pavement Condition index of 78.
The Parks section maintains 16 City Parks, landscaped areas, and over 30,000 trees. The goal is to clean
up city parks and city facilities within 48 hours of initial complaint from residents and/or staff request at
80% success rate.
Public Works also supports economic development by providing timely building inspections. The goal is
to provide next business day inspections 95% of the time.