08-19-2014 - RegularCITY OF WEST COVINA
CITY COUNCIL
TUESDAY AUGUST 19, 2014, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE
`WEST COVINA, CALIFORNIA 91790
Mayor Steve Herfert
Mayor Pro Tem Fredrick Sykes
Councilmember Mike Spence
Councilmember James Toma
Councilmember Corey Warshaw
Please turn off all cell phones and other electronic devices prior to entering the Council Chambers
AMERICANS WITH DISABILITIES ACT
The City complies with the Americans with Disabilities Act (ADA). if you will need special assistance at Council
meetings, please call (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8 to 5 Monday through Thursday. Do
call at least one day prior to the meeting date to inform us of your particular needs and to determine if
accommodation is possible. For sign language interpreter services at Council meetings, please request no less than
four working days prior to the meeting.
AGENDA MATERIAL
Agenda material is available for review at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey
Avenue, West Covina and at www.westcovina.org. Any writings or documents regarding any item on this agenda,
not exempt from public disclosure, provided to a majority of the City Council that is distributed less than 72 hours
before the meeting, will be made available for public inspection in the City Clerk's Office, Room 317 of City Hall
located at 1444 W. Garvey Avenue, West Covina, during normal business hours.
NOTICE
The City Council will regularly convene on the first and third Tuesday of the month. The West Covina Community
Development Commission, West Covina Public Financing Authority and the West Covina Community Services
Foundation are agencies on which the City Council serves as members. Agendas may contain items for these
as
PUBLIC COMMENTS
ADDRESSING THE CITY COUNCIL
(Per WCMC 2-48, Ordinance No. 2150)
Any person wishing to address the City Council on any matter listed on the agenda or on any other matter within
their jurisdiction should complete a speaker card that is provided at the entrance to the Council Chambers and
submit the card_to the City Clerk.
Please identify on the speaker card whether you are speaking on an agenda item or non -agenda. Requests to
speak on agenda items will be heard prior to requests to speak on non -agenda items. All comments are
limited to five (5) minutes per speaker.
Oral Communications may be limited to thirty (30) minutes, unless speakers addressing agenda items have
not concluded.
Any testimony or comments regarding a matter set for a Public Hearing will be heard during the hearing.
R ULES OF DECORUM
Excerpts from the West Covina Municipal Code and Penal Code pertaining to the Rules of Decorum will be
found at the end of agenda. I CERTIFY THAT A C PY OF THE COUNCIL AGENDA FOR
THE MEETING OF, POSTED IN
ACCORDANCE
CE THE 1187 BROWN ACT AMENDMENT
DATE[k��
OFFICE OF THE Cl I Y CLERK
Tuesday August 19, 2014
AGENDA
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY AUGUST 19, 2014, 7:00 PM
REGULAR MEETING
INVOCATION
Pastor Kelly Dupee
West Covina Police Chaplain
Faith Community Church
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
Certificate of Recognition
Heritage Park, Friends of the Taylor House - Adopt A Park
Presentation
Del Taco Check Presentation to City
Presentation
Upper San Gabriel Valley Municipal Water District
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Please step forward to the podium and state your name and city of residence for the record when recognized by the
Mayor.
CONSENT CALENDAR
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call
vote. There will be no separate discussion of these items unless members of the City Council/Community
Development Commission request specific items to be removed from the Consent Calendar for separate discussion or
action.
APPROVAL OF MEETING MINUTES (receive & file)
1) Special Council Meeting Minutes of May 28, 2014
Special Council Meeting Minutes of June 3, 2014
Regular Council Meeting Minutes of June 3, 2014
2
Agenda material is available at www.westcovina.org
Tuesday August 19, 2014
COMMISSION SUMMARY OF ACTIONS (receive & file)
2) Community and Senior Services Commission - May 13, 2014
3) Planning Commission - August 12, 2014
CLAIMS AGAINST THE CITY
4) Government Tort Claim Denials (deny & notify claimant)
It is recommended that the City Council deny the following Government Tort Claims
and the claimants and/or their respective attorneys be so notified.
• Richard Lozano vs. City of West Covina
• Eugene Carson III vs. City of West Covina
• Radha Zaidi vs. City of West Covina
• Ruben Mapaya vs. City of West Covina
ORDINANCES FOR ADOPTION
5) Ordinance for Adoption
Code Amendment No. 13-05
General Exemption
This ordinance was introduced at the City Council meeting of July 15, 2014. The code
amendment will consist of certain amendments to the zoning section of the Municipal
Code as it pertains to donation drop boxes.
It is recommended that the City Council waive further reading and adopt the following
ordinance. The ordinance will become effective 30 days after its adoption on September
18, 2014.
ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26
(ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO
DONATION DROP BOXES
TRAFFIC COMMITTEE MEETING MINUTES (accept & file)
6) Traffic Committee Meeting Minutes of July 15, 2014
L Request:
Jesus Barraza, West Covina resident
That parking on the south side of Idahome Street at 1402 East Idahome Street be
restricted to permit only parking.
Traffic Committee Recommendation:
That parking on the south side of Idahome Street at 1402 East Idahome Street be
restricted to permit only parking.
II. Request:
Thomas Lew, West Covina resident
That no parking on street sweeping days be implemented on Altamira Circle from
Altamira Drive to the end of the street on street sweeping days.
Traffic Committee Recommendation:
That no parking on street sweeping days be implemented on Altamira Circle from
Altamira Drive to the end of the street on street sweeping days.
3
Agenda material is available at www.westcovina.org
Tuesday August 19, 2014
TREASURER'S REPORT (receive & file)
7) City Treasurer's Report for the Quarter Ended June 30, 2014
It is recommended that the City Council receive and file this report.
CITY ATTORNEY'S OFFICE
8) Approve of Special Counsel Retainer Agreement to Alvarez-Glasman & Colvin for
the Purpose of Completing Certain Pending Legal Projects
It is staff s recommendation that the City Council approve a special counsel retainer
agreement to Alvarez-Glasman & Colvin ("AG&C") for the purpose of completing
several pending projects and to facilitate a smooth and cost saving transition to''the new
City Attorney.
COMMUNITY SERVICES DEPARTMENT
9) Cell Tower Lease Agreement - Del Norte Park
It is recommended that the City Council approve the lease agreement between the City of
West Covina and Verizon Wireless for a cell tower at Del Norte Park.
10) , Cell Tower Lease Agreement - Palmview Park
It is recommended that the City Council approve the lease agreement between the City of
West Covina and Verizon Wireless for a cell tower at Palmview Park.
11) Cell Tower Lease Agreement - Walmerado Park
It is recommended that the City Council approve the lease agreement between the City of
West Covina and Verizon Wireless for a cell tower at Walmerado Park.
12) Discover West Covina Newsletter
It is recommended that the City Council approve the following actions:
1. Authorize Sari Art & Printing to print the twelve (I2)-pageDiscover West Covina
Newsletter for Fiscal Year 2014-2015, at a cost not to exceed $39,591;
2. Approve the two (2) year agreement with Gary Lawson to solicit advertisements for
the Discover West Covina Newsletter; and
3. Appropriate $8,250 in Non -General Funds to further reduce the General Funding of
the Discover Newsletter, as follows:
• $3,8.00 from Integrated Waste Management Fund Balance (120) into Public
Works Account 120.41.4187.6167, and;
• $2,300 from Waste Diversion/AB 939 (129) into Public Works "Account
129.41.4188.6167; and
• $2,150 from Used Oil Block Grant (149) into Public Works'Account
149.41.4180.6167.
4
Agenda material is available at www.westcovina.org
Tuesday August 19, 2014
13) Utilize the State of California's Contract for the Purchase of Raw Food and
Miscellaneous Food Supplies for the Senior Center Meals Program
It is recommended that the City Council take the following actions:
1. Confirm the Finance and Administrative Services Department/Purchasing Officer's
findings that the purchase of raw foods and miscellaneous food supplies under State
of California Contract No. 05-13-89-15, for the Senior Center satisfies West
Covina's bid process, in accordance with Municipal Code Chapter 2, Article VII,
Division 2, Sec. 2-333 (i) (2); and
2. Authorize the City of West Covina to enter into a purchase agreement with
Performance Foodservice and U.S. Foods, Inc. for raw foods and miscellaneous
food supplies for the Senior Center, not to exceed the amount approved by',the City
Council in the annual City of West Covina Adopted Budget, until November 24,
2015, unless the State of California awards or extends the agreement with either
vendor.
FINANCE DEPARTMENT AND ADMINISTRATIVE SERVICES
14) State Minimum Wage Adjustments
It is recommended that the City Council:
1) Approve wage adjustments for four positions to comply with the State minimum
wage and three additional positions to address compaction.
2) Adopt the following resolution:
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, ADJUSTING THE
COMPENSATION OF CLASSIFICATIONS WITHIN THE LIMITED SERVICE
CLASSIFICATIONS AND AMENDING RESOLUTION NUMBER 2006-98
15) Prop A Fund Exchange - City of Industry
It is recommended that the City Council approve the agreement authorizing the sale of
Proposition A Funds to the City of Industry and authorize the Mayor to execute the
agreement.
16) Municipal Staffing Agreement with MuniTemps Municipal Staffing Solutions
It is recommended that the City Council authorize the Mayor to sign the Municipal
Staffing Agreement with MuniTemps Municipal Staffing Solutions (MuniTemps) for the
City's professional staffing needs during the upcoming fiscal year for a not to exceed
amount of $150,000.
PLANNING DEPARTMENT
17) Consideration of Ordinance and Resolution Rescinding Project Approvals for Bella
Vista Specific Plan
It is recommended that the City Council:
1) Introduce and waive further reading of the following ordinance repealing Ordinance
No. 2248 (approving Zone Change No. 13-01):
5
Agenda material is available at www.westcovina.org
Tuesday August 19, 2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, REPEALING ORDINANCE NO. 2248
2) Adopt the following resolution setting aside and vacating the project approvals
previously approved by the Planning Commission and City Council relating to the
Bella Vista Specific Plan:
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING ASIDE AND
VACATING PLANNING COMMISSION RESOLUTIONS NO. 13-5516, 13-5517,
13-5518, 13-5519, 13-5520, AND CITY COUNCIL RESOLUTIONS NO. 2013-53
AND 2013-54
PUBLIC WORKS
18) Maintenance of Heating, Ventilation, and Air Conditioning Equipment Five Year
Contract Extension
It is recommended that the City Council authorize the Mayor to approve a five-year
contract extension with Allison Mechanical in the amount of $110,200 to provide heating,
ventilation, and air conditioning (HVAC) maintenance services at City facilities with no
additional changes to the terms of the contract which allows for an annual Consumer Price
Index (CPI) increase.
19) Sale of Surplus Vehicles and Equipment
It is recommended that the City Council authorize the sale of the surplus vehicles and
equipment listed by public auction company, US Auctions, in accordance with Section 2-
316 of the West Covina Municipal Code.
20) Authorization for the Purchase of One Loader Backhoe
(Project No. VP-14703)
It is recommended that the City Council take the following actions:
1. In accordance with the West Covina Municipal Code Section 2-333 (i) (2), find that
the City of Los Angeles Bid 111-111, PO #4500252831 for the purchase of one
loader backhoe satisfies the West Covina's bid process, and authorize the Mayor and
City Clerk to execute the contract with Sonsary Machinery, LLC of Santa Fe Springs,
California, for the purchase of one loader backhoe.
2. Appropriate funds from CIP Project No. 14703 in the amount of $54,345.78 from
124.87.8430.7170 (Gas Tax Funds) and $54,345.79 from 189.87.8430.7170 (Sewer
Funds) for a total of $108,691.57 including tax and delivery.
ACTION'ON CONSENT CALENDAR
Motion by second by
to approve all items listed on the Consent Calendar as presented
except:
ROLL CALL: Spence, Sykes, Toma, Warshaw, Herfert
END OF CONSENT CALENDAR
6
Agenda material is available at www.westcovina.org
Tuesday August 19, 2014
HEARINGS
PUBLIC HEARINGS
21) Appeal of Planning Commission Approval of Conditional Use Permit No. 14-07
Categorical Exemption
Applicant: Luisa Nuno for Sage Motorsports, LLC
Appellant: Anthony Kim, Briggs Law Corporation
Location: 2505 E. Garvey Avenue North
This is an appeal of the Planning Commission approval of the conditional use permit for
the operation of a new automobile dealership (Lotus), as well as a Planning Directors
Modification.
a) Verification of publication
b) Open hearing
c) Staff presentation
d) Public testimony
e) Close testimony
f) Council discussion
g) Recommendation: The Planning Commission and
Council adopt the following resolution:
staff recommend that the City
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION
OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE
PERMIT NO. 14-07
Motion by second by
adopt disapprove hold over
DEPARTMENTAL REGULAR MATTERS
FINANCE DEPARTMENT AND ADMINISTRATIVE SERVICES
22) Ambulance Subscription Program
It is recommended that the City Council discontinue the Ambulance Subscription
Program.
Motion by second by
to
SUCCESSOR AGENCY
SEE SEPARATE AGENDA
The Mayor called a recess of the Council meeting to convene the Successor Agency
Meeting at
The City Council reconvened at
7
Agenda material is available at www.westcovina.org
Tuesday August 19, 2014
MAYOR/COUNCILMEMBERS REPORTS
No reports.
AB1234 Conference and Meeting Report (verbal, if any)
(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any
meeting/event/conference attended at City expense.)
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
(Per City of West Covina Standing Rules 4.f - Requests for reports, studies, or investigations that are not readily
available must be placed on the City Council/Community Development Commission agenda as items of business and
must be approved by a majority of the City Council/Community Development Commission.)
MAYOR PRO TEM FREDRICK SYKES
23) Request from Mayor Pro Tem Fredrick Sykes Requesting the City Council to
Instruct City Staff to Prepare a Report to Adopt an Ordinance to Restrict Public
Nuisance Vehicles from Parking on the Street Visible to the Public
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
COUNCILMEMBER MIKE SPENCE
24) Request from Councilman Mike Spence Requesting the City Council's Support to
Instruct City Staff to Prepare a Letter Seeking Governor Jerry Brown's Support to
Appeal United States District Court Judge Carney's Decision that the California
Death Penalty is Unconstitutional
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
COUNCILMEMBER COREY WARSHAW
25) Request from Councilmember Corey Warshaw Requesting the City Council to
Instruct City Staff to Prepare an Ordinance to Place a Moratorium on Changing
Residentially -Zoned Properties to Specific Plans
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
CITY COUNCIL COMMENTS
8
Agenda material is available at www.westcovina.org
Tuesday August 19, 2014
ADJOURNMENT
Next Tentative City Council Meeting
Regular Meeting - CC `09/02/2014 7:00 PM
RULES OF DECORUM
The following are excerpts from the West Covina Municipal Code:
Sec. 2-48. Manner of addressing council; time limit; persons addressing may be sworn.
(a) Each person addressing the council shall step up to the rostrum, shall give his or her name and city of
residence in an audible tone of voice for the record and unless further time is granted by the council, shall
limit his of her address to five (5) minutes.
(b) The city council may establish a limit on the duration of oral communications.
(c) All remarks shall be addressed to the council as a body and not to any member thereof. No person, other
than the council and the person having the floor, shall be permitted to enter into any discussion, either
directly or through a member of the council, without the permission of the presiding officer. No: question
shall be asked of a councilmember except through the presiding officer.
(d) The presiding officer may require any person to be sworn as a witness before addressing the council on any
subject. Any such person who, having taken an oath that he or she will testify truthfully, willfully and
contrary to such oath states as true any material matter which he knows to be false may be held to answer
criminally and subject to the penalty prescribed for perjury by the provisions of the Penal Code of the state.
Sec. 2-50. Decorum --Required.
(a) While the council is in session, the members must preserve order and decorum, and a member shall neither,
by conversation or otherwise, delay or interrupt the proceedings or the peace of the council nor disturb any
member while speaking or refuse to obey the orders of the council or its presiding officer, except as
otherwise herein provided.
(b) Any person making personal, impertinent or slanderous remarks or who shall become boisterous while
addressing the council shall be forthwith, by the presiding officer, barred from further audience before the
council, unless permission to continue be granted by a majority vote of the council.
Sec. 2-52. Persons authorized to be within council area.
No person, except city officials, their representatives and members of the news media shall be permitted within
the rail in front of the council chamber without the express consent of the council.
The following are excerpts from the Penal Code
148(a) (1) Every Person who willfully resists, delays, or obstructs any public officer, peace officer, or an
emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health
and Safety code, in the discharge or attempt to discharge any duty of his or her office or employment,
when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars
($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and
imprisonment.
403 Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that
is not unlawful in its character, other than an assembly or meeting referred to in Section 303 of the Penal
Code or Section 18340 of the Elections Code, is guilty of a misdemeanor.
9
Agenda material is available at www.westcovina.org