11-18-2014 - RegularCITY OF WEST COVINA
CITY COUNCIL
TUESDAY NOVEMBER 18, 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.orQ. 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
wal US, 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.
RULES 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 " 119 Pt WAS POSTED IN
ACCORDANCE WITH THE 01/87 BROWN ACT AMENDMENT
DATED. 11113/iL f
OFFICE OF THE CITY CLERK
Tuesday November 18, 2014
AGENDA
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY NOVEMBER 18, 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
Check Presentation
Holiday Inn
Introduction of New Firefighters/Paramedics
Matthew Briskie Kyle Hargrove
Jonathan Covert David Matyas
Sherard Flores Mac Rodesky
Justin Goodey
Introduction
Promotion of Assistant Fire Chief/Fire Marshall James (Jim) Rudroff
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 (City and Community Services Foundation)
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 City Council Meeting Minutes of July 15, 2014
Regular City Council Meeting Minutes of July 15, 2014
Special City Council Meeting Minutes of August 4, 2014
Special City Council Meeting Minutes of August 18, 2014
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Agenda material is available at www.westcovina.org
Tuesday November 18, 2014
COMMISSION SUMMARY OF ACTIONS (receive & file)
2) Community and Senior Services Commission - September 9, 2014
3) Planning Commission - October 28, 2014 and November 11, 2014
ORDINANCES FOR ADOPTION
4) Public Works Contracting Ordinance
This ordinance was introduced at the City Council meeting of October 21, 2014. The
purpose of this ordinance is to add sections to the Municipal Code that define the
required procedures and policies to be followed related to the California Public Contract
Code and change orders. The ordinance will become effective on December 18, 2014,
30 days after its adoption. It is recommended that the City Council adopt the following
ordinance:
ORDINANCE NO. - 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
TREASURER'S REPORT (receive & file)
5) City Treasurer's Report for the Quarter Ended November 30, 2014
It is recommended that the City Council receive and file this report.
CITY MANAGER'S OFFICE
6) Election of Board Member and Alternate Representing Cities without Prescriptive
Water Pumping Rights to the San Gabriel Basin Water Quality Authority Board of
Directors
It is recommended that the West Covina City Council adopt the following resolution
casting its eleven (11) votes to South El Monte Mayor Louie Aguinaga to serve on the San
Gabriel Basin Water Quality Authority Board of Directors to represent cities without
prescriptive water pumping rights:
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, CASTING ITS VOTES FOR SOUTH
EL MONTE MAYOR LOUIE AGUINAGA TO REPRESENT CITIES WITHOUT
PRESCRIPTIVE WATER PUMPING RIGHTS ON THE BOARD OF THE SAN
GABRIEL BASIN WATER QUALITY AUTHORITY
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Agenda material is available at www.westcovina.org
Tuesday November 18, 2014
COMMUNITY DEVELOPMENT COMMISSION
7) Loan Agreement Concerning Litigation Fees incurred for the Recognized Obligation
Payment Schedule (ROPS) Periods of January 2013 to June 2013, June 2013 to
December 2013, and January 2014 to June 2014 which exceeded the litigation cost
estimates for those same periods, but mischaracterized under the administrative cost
allowance
It is recommended that the City Council approve the Loan Agreement concerning
Litigation Fees incurred for the ROPS periods of January 2013 to June 2013, June 2013 to
December 2013, and January 2014 to June 2014 which exceeded the litigation cost
estimates for those same periods, but mischaracterized under the administrative cost
allowance.
FINANCE AND ADMINISTRATIVE SERVICES
8) Resolution Appointing the City of West Covina's Specific Representative and
Alternate to the Big Independent Cities Excess Pool (BICEP) Governing Board
It is recommended that the City Council approve the following resolution:
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING A SPECIFIC
REPRESENTATIVE AND ALTERNATE TO THE BIG INDEPENDENT CITIES
EXCESS POOL (BICEP)
9) Payment of Fiscal Year 2014-15 Excess Liability & Workers' Compensation
Insurance Coverage and Approval of Continued Membership with the Big
Independent Cities Excess Pool (BICEP)
It is recommended that the City Council:
1. Approve West Covina's continued membership in Big Independent Cities Excess
Pool Joint Powers Authority (BICEP) for an additional three years beginning July 1,
2014;
2. Authorize payment of the City of West Covina's Fiscal Year 2014-15 excess
liability insurance coverage with the Big Independent Cities Excess Pool (BICEP)
in the amount of $367,474 to be paid from account 361.15.1530.6411; and
3. Authorize payment of the City of West Covina's Fiscal Year 2014-15 excess
workers' compensation coverage with BICEP in the amount of $76,058 to be paid
from account 363.15.1530.6418.
10) Extension of Professional Service Agreement with CorVel to Provide Workers'
Compensation Third Party Administration
It is recommended that the City Council take the following actions:
1. Authorize the Mayor to sign and execute a month -to -month contract extension with
CorVel to provide workers' compensation claims administration through June 30,
2015, at a cost not to exceed $55,568.52, using funds already budgeted in
363.15.1520:6119; and
2. Direct City staff to prepare a Request for Proposals (RFP) for workers'
compensation third party claims administration.
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Agenda material is available at www.westcovina.org
Tuesday November 18, 2014
PLANNING DEPARTMENT
11) Funding for General Plan Update Community Outreach
Staff recommends the City Council appropriate $24,500 from the General Plan
Maintenance Fund (550.22222) and transfer to (110.21.2110.6270) to facilitate advertising
and food for the General Plan update and community outreach meetings.
POLICE DEPARTMENT
12) , Grant from State Alcoholic Beverage Control (ABC) for Alcohol Enforcement
Overtime
It is recommended that the City Council:
Accept the State Department of Alcohol Beverage Control (ABC) mini grant and
appropriate the $8,600 reimbursable grant as follows:
• $8,100 in 13 8.31.3110.5113 for overtime for alcohol operations;
• $500 in 138.31.3110.6050 for required grant training.
13) Asset Forfeiture Funds for Police Vehicles, Overtime, and Supplies
It is recommended that the City Council take the following actions:
1. Appropriate a total of $1,558,400 in federal asset forfeiture funds from the fund
balance of Fund 117, as follows:
• $650,000 into 117.31.3120.5113 for supplemental, unbudgeted overtime for
staffing shortages, neighborhood crime responses, targeted enforcement, and
emergency SWAT deployments;
• $51,202 into 117.31.3120.7170 for one (1) new Ford Police Interceptor Utility
vehicle, including the purchase price with tax and fees ($37,607), extended service
plan ($875), extended warranty ($1,380), and equipment/conversion costs
($11,340). (Vehicle Replacement funding for two other vehicles was previously
approved in the FY 2014-15 budget);
• $105,000 into 117.31.3110.6220 for tactical and protective gear, traffic
enforcement supplies, station security items, and CAD/RMS monitors;
• $95,500 into 117.31.3119.6220 for public safety computer supply items including
external DVD drives, cabling, computerized evidence tracking supplies, high-
speed WCSG computer station, and data backup drives and tapes;
• $174,500 into 117.31.3119.6272 for computer security software, licensing,
maintenance, and data firewalls supporting West Covina Service Group
technology operations;
• $339,198 into 117.31.3119.7130 for public safety computer equipment including a
Virtual Desktop Infrastructure (VDI) desktop and storage solution, VDI computer
terminals, VDI servers and switches, and forty (40) Dell Venue II Pro 8G13
computers with mobile interfaces and other specified features; and
• $143,000 into 117.31.3130.7170 for approximately four new vehicles for
Detectives, including service plans, and equipment conversion.
2. In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333 (i)
(2), and the findings of the West Covina Finance Department/Purchasing Officer,
find that the City of Los Angeles' Request for Quotation (RFQ) #EV-3636 for Ford
Police Interceptor Utility vehicles satisfies West Covina's bid process and authorize
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Agenda material is available at www.westcovina.org
Tuesday November 18, 2014
the purchase of a total of three (3) vehicles per specifications, directly from Wondries
Fleet Group of Alhambra for a total of $112,821 ($37,607 per vehicle) including
taxes and fees, from accounts 117.31.3120.7170 (for one vehicle) and
367.31.3120.7170 (for two vehicles, using Vehicle Replacement funds previously
approved in the current budget). Extended service plan ($2,625) and extended
warranties ($4,140) for these three vehicles will also be purchased from this vendor,
from those same accounts.
3. In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330
(b), which states that the City Council can dispense with the bidding process when
such procedures are impracticable, useless or uneconomical, waive the bid process
and authorize a purchase of 40 Dell Venue II Pro computers with specified features
including mobile interfaces, directly from the manufacturer, Dell Computers of
Round Rock, Texas, totaling $57,698, including taxes and fees, under Western States
Contract Alliance (WSCA) price contract B27160/WN99ABZ, from account
117.31.3119.7130.
14) Private Grant from Target for "Shop with a Cop" Program
It is recommended that the City Council accept the new Target grant for the "Shop with a
Cop" program and appropriate the $1,000 grant into 221.31.3110.6220.
PUBLIC WORKS
15) Substitute of Second Deed of Trust with Assignment of Rents with Bonds - South
Hills Homes Partnership
It is recommended that the City Council take the following actions:
1. Direct the City Attorney to prepare the Deed of Reconveyance releasing the Second
Deed of Trust encumbering title to lots 76 through 112 inclusive of Tract No. 32324.
2. Authorize the Mayor and City Clerk to execute the Deed of Reconveyance releasing
the Second Deed of Trust encumbering title to lots 76 through 112 inclusive of Tract
No. 32324 and accept the substitute bonds in the amount of $937,000.
16) Approval for Additional Work to be Completed at Heritage Park
It is recommended that the City Council approve Change Order No. 2 to Micon
Construction, Inc. in the amount not to exceed $11,321 for additional work of soil erosion
control at Heritage Park.
COUNCILMEMBER/COMMISSIONER REPORTS
17) Provide an Update on the Former Ruby Tuesday Property and the Former Rhino
Mart Building
It is recommended that the City Council receive and file this report.
COMMUNITY SERVICES FOUNDATION
18) West Covina Community Services Foundation Fiscal Year 2014-15 Annual Report
It is recommended that the West Covina Community Services Foundation Board of
Directors receive and file the West Covina Community Services Foundation's Fiscal Year
2014-15 Annual Report.
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Agenda material is available at www.westcovina.org
Tuesday November 18, 2014
ACTION ON CITY/COMMUNITY SERVICES FOUNDATION CONSENT
CALENDAR ITEMS
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
HEARINGS
PUBLIC HEARINGS
19) 2014 Congestion Management Program (CMP)
Conformance Self -Certification and Local Development Report (LDR)
The purpose of this hearing is to verify and certify that the City is in conformance with
the 2014 Congestion Management Program (CMP). Compliance with and self -
certification of the CMP allows for the City to maintain its eligibility to receive its share
of State Gas Tax revenues for capital improvement projects.
a) Verification of publication
b) Open hearing
c) Staff report
d) Open testimony
e) Close testimony
f) Council discussion
g) Recommendation: Staff recommends that the City Council hold the public hearing and
adopt the following resolution:
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, FINDING THE CITY TO BE IN
CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP)
AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089
Motion by
second by
adopt disapprove hold over
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Agenda material is available at www.westcovina.org
Tuesday November 18, 2014
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
20) City Council Consideration of Procedure for Giving Direction/Authorization to City
Attorney
The recommendation is that the City Council give direction.
Motion by second by
to
SUCCESSOR AGENCY
SEE SEPARATE AGENCY AGENDA
The Mayor called a recess of the Council meeting to convene the Successor Agency meeting
at p.m.
The City Council reconvened at p.m.
MAYOR/COUNCILMEMBERS REPORTS
MAYOR STEVE HERFERT
21) Orangewood Park Public Safety Concerns & Recommended Actions
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
COUNCILMEMBER COREY WARSHAW
22) Approval of a Volunteer Wall Painting Program as a City Beautification Project
It is recommended that the City Council take the following actions:
1. Review, provide comments, and approve the Volunteer Wall Painting Program.
2. Appropriate $30,000 from General Fund reserves to provide paint and supplies to
support the program.
Motion by
approve
second by
disapprove hold over
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.)
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Agenda material is available at www.westcovina.org
Tuesday November 18, 2014
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) Resolution in Support of In -Home Care Provider Workforce and National Family
Caregivers Month
Motion by second by
to
24) Support of East Los Angeles County Foster Care and Adoption Recruitment
Outreach Program
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
CITY COUNCIL REORGANIZATION
Confirmation of Mayor and Mayor Pro Tem
Mayoral Plaque Presentation to Mayor Steve Herfert
Designation of Alternate to the Los Angeles County Sanitation District
CITY COUNCIL COMMENTS
ADJOURNMENT
Next Tentative City Council Meeting
Regular Meeting - CC 12/02/2014 7:00 PM
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Agenda material is available at www.westcovina.org
Tuesday November 18, 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 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.
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Agenda material is available at www.westcovina.org