10-07-2014 - RegularCITY OF WEST COVINA
CITY COUNCIL
TUESDAY OCTOBER 07, 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.orz. 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. 21 SO)
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 COPY OF THE COUNCIL AGENDA FOR
THE MEETING OF jU/ i //ftAS POSTED IN
ACCOR WITHif
THE 01/87 OWN ACT AMENDMENT
DATED: 10 ' i�
OFFICE OF THE CITY CLERK
Tuesday October 07, 2014
AGENDA
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY OCTOBER 07, 2014, 7:00 PM
REGULAR MEETING
INVOCATION
Pastor Mary Minor
Murph Chapel AME Church
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
Check Presentation
Knights of Columbus - Father Maguire Council #3851
Certificates of Recognition
Dukes National 14U
USA Baseball National West Champions
Certificates of Recognition
Pacific Coast Little League
Senior All -Stars District 19 and Section Champions
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 Meeting Minutes of June 17, 2014
Regular Meeting Minutes of June 17, 2014
COMMISSION SUMMARY OF ACTIONS (receive & file)
2) Planning Commission - September 23, 2014
3) Community and Senior Services Commission - July 8, 2014
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Agenda material is available at www.westcovina.org
Tuesday October 07, 2014
AWARD OF BID
4) Award of Bid for Recreational Transportation Service
It is recommended that the City Council take the following actions:
1. Accept the bids from Student Transportation of America (Goleta, California) and
Shalimar Tours & Charter (Ontario, California) as submitted at the bid opening on
September 17, 2014; and
2. Authorize the Mayor to execute the respective three (3) year agreements with the
ability to extend on a year-to-year basis for up to two (2) additional years, upon successful
completion of the terms of the agreement, per Purchasing Specification 0814-D.
TRAFFIC COMMITTEE MEETING MINUTES (accept & file)
5) Traffic Committee Minutes - Meeting of September 16, 2014
I. Request:
Marc Trovatore, Edgewood High School Principal
That a passenger -loading zone for school days be established at Edgewood High School
on the west side of Trojan Way.
Traffic Committee Recommendation:
That a passenger -loading zone for school days be established at Edgewood High School
on the west side of Trojan Way.
IL Request:
Phil Kaufman, West Covina Resident
That a stop sign be installed on the minor street approaches at the intersection of Hartley
Street and Teresa Street.
Traffic Committee Recommendation:
That a stop sign be installed on westbound Teresa Street and Hartley Street.
CITY ATTORNEY'S OFFICE
6) City Council Consideration of a Letter Contending Violation of the Brown Act
It is recommended that the City Council find the approval of the Jones & Mayer Retainer
Agreement was in compliance with the Ralph M. Brown Act.
CITY MANAGER'S OFFICE
7) Agreement for Professional Services - Interwest Consulting Group Inc.
It is recommended that the City Council:
1. Approve Amendment No. 1 to the Agreement for Professional Services with
Interwest Consulting Group Inc. for $145 per hour not to exceed $70,000; and
2. Authorize the Mayor to execute the Amendment to the Original Agreement for
Professional Services.
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Agenda material is available at www.westcovina.org
Tuesday October 07, 2014
COMMUNITY DEVELOPMENT COMMISSION
8) Loan Agreement Concerning Litigation Fees Incurred for the ROPS Periods of
February 2012 to June 2012, July 2012 to December 2012, and January 2014 to June
2014 Which Exceeded the Litigation Cost Estimates for Those Same Periods.
It is recommended that the City Council approve the Loan Agreement concerning
Litigation Fees incurred for the ROPS periods of February 2012 to June 2012, July 2012
to December 2012, and January 2014 to June 2014 which exceeded the litigation cost
estimates for those same periods.
COMMUNITY SERVICES DEPARTMENT
9) Partnership with the Greater West Covina Business Association for the 2015
Summer Concert Series
It is recommended that the City Council take the following actions:
1. Approve the partnership with the Greater West Covina Business Association (GWC)
to provide the 2015 Summer Concert Series at the Civic Center; and
2. Authorize the Mayor to execute an agreement with the GWC to manage the 2015
Summer Concert Series at a cost not to exceed $16,100, with funds identified in the
West Covina Community Services Foundation.
10) Waiver of Fees for West Covina Bruins Football Halloween Parent Mixer and the
End of the Year Banquet
It is recommended that the City Council authorize the City Manager to waive up to 50%
of the rental fee for Shadow Oak Community Center for West Covina Bruins Football
Halloween Parent Mixer and their End of the Year Banquet.
PLANNING DEPARTMENT
11) Consideration of Resolution Rescinding Project Approvals for Conditional Use
Permit No. 14-07
It is recommended that the City Council adopt the following resolution setting aside and
vacating the project approvals previously approved by the City Council relating to the
Conditional Use Permit No. 14-07:
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, SETTING ASIDE AND VACATING
CITY COUNCIL RESOLUTION NO. 2014-35
It is further recommended that the City Council direct staff to reschedule and re -notice
the public hearing on the appeal to the next available City Council meeting without
charging the applicant for the re -noticing.
PUBLIC WORKS
12) CalRecycle - Local Enforcement Agency Program (LEA) - Qualifications and
Procedures for Appointing a Hearing Officer
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, RESCINDING SECTION 3 OF
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Agenda material is available at www.wesicovina.org
Tuesday October 07, 2014
RESOLUTION NO. 8807 AND ESTABLISHING THE QUALIFICATIONS AND
PROCEDURES FOR THE APPOINTMENT OF A HEARING OFFICER FOR THE
APPEALS ARISING FROM THE LOCAL ENFORCEMENT AGENCY
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
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
13) Introduction of an Ordinance to Amend Section 2-151 of the West Covina Municipal
Code Relating to the Powers and Duties of the City Manager, to Include Signature
Authority on Certain City Documents
It is recommended that the City Council read by title only, waive further reading and
introduce the following ordinance to expand the duties and responsibilities of the City
Manager to include the authority to execute certain documents:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, AMENDING SECTION 2-151 (POWERS AND DUTIES) OF
DIVISION 2 (CITY MANAGER) OF ARTICLE IV (OFFICERS) OF CHAPTER 2
(ADMINISTRATION) OF HE WEST COVINA MUNICIPAL CODE RELATED TO
CITY MANAGER SIGNATURE AUTHORITY
Motion by second by
introduce disapprove hold over
ROLL CALL: Spence, Sykes, Toma, Warshaw, Herfert
CITY MANAGER'S OFFICE
14) Nomination to San Gabriel Basin Water Quality Authority Board Member
Representing Cities Without Pumping Rights
It is recommended that the City Council adopt the following resolution to nominate a
West Covina City Councilmember from West Covina or another city without
prescriptive pumping rights to serve on the San Gabriel Basin Water Quality Authority
Board.
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA NOMINATING COUNCILMEMBER
TO REPRESENT CITIES WITHOUT PRESCRIPTIVE PUMPING
RIGHTS TO THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY
AUTHORITY
Motion by second by
adopt disapprove hold over
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Agenda material is available at www.westcovina.org
Tuesday October 07, 2014
PLANNING DEPARTMENT
15) FilmL.A. Consulting Services
It is recommended that the City Council authorize the Mayor to execute a one-year
agreement (with unlimited one-year extensions) with FilmL.A. to provide services to the
City in processing film permits for the City.
Motion by
approve
PUBLIC WORKS
second by
disapprove hold over
16) Public Works Contracting Ordinance
It is recommended that the City Council read by title only, waive further reading and
introduce the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, ADOPTING ARTICLE X (PUBLIC WORKS CONTRACTS) OF
CHAPTER 19 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE WEST
COVINA MUNICIPAL CODE RELATED TO PUBLIC WORKS CONTRACTS
Motion by second by
introduce disapprove hold over
ROLL CALL: Spence, Sykes, Toma, Warshaw, Herfert
SUCCESSOR AGENCY
SEE SEPARATE AGENCY AGENDA
Recess the City Council meeting at
The City Council meeting reconvened at
MAYOR/COUNCILMEMBERS REPORTS
No reports.
to convene the Successor Agency meeting.
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 REOUESTS 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 STEVE HERFERT
17) Request from Mayor Steve Herfert for the City Council to Discuss the Maintenance
Issues of the West Covina Police Department Building
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
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Agenda material is available at www.westcovina.org
Tuesday October 07, 2014
COUNCILMEMBER JAMES TOMA
18) Request from Councilmember James Toma for City Council's Consideration to
Discuss the San Gabriel Valley Water Smart Challenge
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
COUNCILMEMBER COREY WARSHAW
19) Request From Councilmember Corey Warshaw requesting the City Council's
Support to donate paint to Volunteers to Repaint Public Walls as a Community
Beautification Project
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
CITY COUNCIL COMMENTS
ADJOURNMENT
Next Tentative City Council Meeting
Regular Meeting - CC 10/21/2014 7:00 PM
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Agenda material is available at www.westcovina.org
Tuesday October 07, 2014
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 or 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 shallneither,
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.
Agenda material is available at www.westcovina.org