06.02.15 CC Regular AgendaCITY OF WEST COVINA.
CITY COUNCIL
TUESDAY JUKE 02, 2015, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Fredrick Sykes
Mayor Pro Tem James Toma
Councilman Mike Spence
Councilmember Corey Warshaw
Councilmember Ben Wong
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
South, 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 South, 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
boards, as necessary.
Tuesday June 02, 2015
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.
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Agenda material is available at www.westcovina.org
Tuesday June 02, 2015
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CITY OF WEST COVINA
CITY COUNCIL
TUESDAY JUNE 02, 2015, 7:00 PM
REGULAR MEETING
INVOCATION
Pastor Samuel Martinez
Christian Faith Center
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
Certificate of Recognition - Don Scheliga (Presidential Volunteer Service Award)
ORAL COMMUNICATIONS - Five (5) minutes per sneaker
Please step for ward 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.
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Agenda material is available at www.westcovina.org
Tuesday June 02, 2015
COMMISSION SUMMARY OF ACTIONS (receive & file)
1) March 10, 2015 Community and Senior Services Commission Meeting
May 12, 2015 Planning Commission Meeting
May 26, 2015 Planning Commission Meeting
ORDINANCES FOR ADOPTION
2) An Ordinance Amending Sections 2-67, 2-68 and 2-69(a) and Adding Section 2-69(e)
of the West Covina Municipal Code Regarding Appointment, Removal, Vacancies
and Terms of Commissioners
This ordinance was introduced at the West Covina City Council meeting of May 5,
2015. The purpose of this ordinance is to amend the current Municipal Code regulations
regarding the appointment, removal, vacancies and terms of City Commissioners.
The ordinance will take effect 30 days after its adoption on June 2, 2015.
It is recommended that the City Council waive further reading and adopt the following
ordinance:
ORDINANCE NO.2273 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING SECTIONS 2-67, 2-68 AND 2-
69(a) AND ADDING SECTION 2-69(e) OF CHAPTER 2, ARTICLE III, OF THE
WEST COVINA MUNICIPAL CODE REGARDING APPOINTMENT AND TERMS
OF COMMISSIONERS
TREASURER'S REPORT (receive & file)
3) City Treasurer's Report for the Quarter Ended March 31, 2015
It is recommended that the City Council receive and file the report.
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4) November 3, 2015 General Municipal Election Resolutions Calling for Election and
Requesting Consolidation Services with Los Angeles County
It is recommended that the City Council adopt the following resolutions related to the
November 3, 2015 General Municipal Election to fill the two (2) Councilmember seats
whose terms will expire:
1.) RESOLUTION NO. 2015-34 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, CALLING FOR THE HOLDING OF
A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER
3, 2015, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE
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Agenda material is available at www.westcovina.org
Tuesday June 02, 2015
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO
GENERAL LAW CITIES; AND
2.) RESOLUTION NO. 2015-35 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3,
2015, WITH THE LOCAL AND MUNICIPAL CONSOLIDATED ELECTIONS TO
BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS
CODE; AND
3.) RESOLUTION NO. 2015-36 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES
STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 3, 2015
CITY MANAGER'S OFFICE
5) AB 1234 Conference and Meeting Report - International Council of Shopping
Centers (ICSC) Meeting and Conference Report
It is recommended that the City Council receive and file the report.
6) Legislative Positions on California State Senate & Assembly Bills
It is recommended that the City Council instruct City staff to send position letters of
support or opposition to legislation pending with the California State Senate and
Assembly, as outlined in this report.
COMMUNITY DEVELOPMENT COMMISSION
7) Auto Plaza Business Improvement District
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-41 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, TO LEVY ASSESSMENTS WITHIN THE
WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR
FISCAL YEAR 2015-2016, AND PROVIDING NOTICE OF PUBLIC HEARING
THEREON TO BE CONDUCTED JUNE 16, 2015
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Agenda material is available at www.westcovina.org
Tuesday June 02, 2015
COMMUNITY SERVICES DEPARTMENT
8) Bus Purchase for Transit Program
It is recommended that the City Council take the following actions:
1. Approve the purchase of two new propane fueled buses through the CalACT
Cooperative Contract in the amount of $254,429.35; and
2. Confirm the Finance Department/Purchasing Officer's findings that the purchase of the
new buses through the CalACT Cooperative Contract satisfies West Covina's bid process
as stated in the West Covina Municipal Code - Chapter 2, Article VII, Division 2, Sec. 2-
333 (i)(2); and
3. Appropriate funds not to exceed $265,000 from the Prop C fund balance to purchase the
buses and brand with the Go West logo.
FINANCE DEPARTMENT
9) Amendment for the FY 2014-2015 General Fund Budget
It is recommended that the City Council approve the General Fund budget amendments
for FY 2014-2015.
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10) Acceptance of Staffing for Adequate Fire and Emergency Response (SAFER) Grant
No. EMW-2013-FH-00730
It is recommended that the City Council authorize City staff to affirm acceptance of the
SAFER Grant No. EMW-2013-FH-00730 to the Federal Emergency Management Agency
(FEMA) as outlined in the staff report and proceed with further implementation.
POLICE DEPARTMENT
11) Asset Forfeiture Funds for Vehicles and Computer Items
It is recommended that the City Council take the following actions:
1. Appropriate a total of $376,000 in federal asset forfeiture funds from the fund balance
of Fund 117, as follows:
$50,000 into 117.31.3110.6120 for comprehensive website services
$28,000 into 117.31.3110.6272 for online police reporting software
$298,000 into 117.31.3110.7170 for the purchase and equipping of seven non -
patrol vehicles
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Agenda material is available at www.westcovina.org
Tuesday June 02, 2015
2. In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (c),
which states that the certain services (including computer consultant services) are exempt
from all bidding procedures, authorize a purchase order agreement with Epic Productions
LLC of Tucson, AZ, totaling $50,000 from account 117.31.3110.6120, to create a
customized website (including video content) for the West Covina. Police Department, and
authorize the Mayor to execute any related agreements.
12) 2015 Justice Assistance Grant from U.S. Department of Justice
It is recommended that the City Council approve the 2015 Justice Assistance Grant and
authorize the appropriation of an estimated $19,513 for future grant purchases, as follows:
• $8,013 into 130.31.3114.6220 for law enforcement supplies
• $11,500 into 130.31.3114.6215 for police computer supplies
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13) Halon Fire Suppression Systems
It is recommended that the City Council amend Majestic Fire Protection, Inc.'s contract in
the amount $42,300 (including 15% contingencies) for additional work related to repairs
of the Halon Fire Suppression Systems and authorize the Mayor and City Clerk to execute
a contract for the full amount of $62,320.
14) West Covina Citywide Sewer Service Charge Setting a Public Hearing Date on the
Method of Collection and Fee Increase
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-32 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO
ADOPT A SCHEDULE OF SEWER FEE INCREASES AND COLLECT THE
ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL AND
SETTING JULY 7, 2015 FOR A PUBLIC HEARING ON THE METHOD OF
COLLECTION AND FEE INCREASES
ACTION ON CONSENT CALENDAR
Motion by second by
to approve all items listed on the Consent Calendar as presented
except:
ROLL CALL: Spence, Toma, Warshaw, Wong, Sykes
END OF CONSENT CALENDAR
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Agenda material is available at www.westcovina.org
Tuesday June 02, 2015
HEARINGS
PUBLIC HEARINGS
15) Zone Change No. 14-03
Tentative Tract Map No. 73043
Mitigated Negative Declaration of Environmental Impact
Applicant: CV West Covina 1 INV, LLC (Kim Hesse, City Venture)
Location: 424 S. Lark Ellen Avenue (Formerly South Hills Church of Christ)
a) Verification
b) Open hearing
c) Staff report
d) Open testimony
e) Council discussion
f) Recommendation: The Planning Commission and Planning staff recommend that the
City Council adopt the following resolutions:
1.) RESOLUTION NO. 2015-42 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ZONE
CHANGE NO. 14-03 AND TENTATIVE TRACT MAP NO. 73043 A PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED
2.) RESOLUTION NO. 2015-43 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP NO. 73043
The Planning Commission and Planning staff further recommend that the City Council
introduce the following ordinance:
3.) ORDINANCE NO. 2277 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 14-03
Motion by second by
to
16) West Covina Landscape Maintenance District No. 4 - Public Hearing
a) Verification
b) Open hearing
c) Staff report
d) Open testimony
e) Council discussion
f) Recommendation: It is recommended that the City Council adopt the following
resolution:
Agenda material is available at www.westcovina.org
Tuesday June 02, 2015
RESOLUTION NO. 2015-38 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S
REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 4; ORDERING LANDSCAPING
MAINTENANCE, RENOVATION, AND REPLACEMENT AND APPURTENANCES
TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2015
Motion by second by
to
17) West Covina Landscape Maintenance District No. 6 - Public Hearing
a) Verification
b) Open hearing
c) Staff report
d) Open testimony
e) Council discussion
f) Recommendation: It is recommended that the City Council adopt the following
resolution:
RESOLUTION NO. 2015-39 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALFORNIA, CONFIRMING THE ENGINEER'S
REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 6; ORDERING LANDSCAPING
MAINTENANCE, RENOVATION, AND REPLACEMENT AND APPURTENANCES
TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2015
Motion by second by
to
18) West Covina Landscape Maintenance District No. 7 - Public Hearing
a) Verification
b) Open hearing
c) Staff report
d) Open testimony
e) Council discussion
f Recommendation: It is recommended that the City Council adopt the following
resolution:
RESOLUTION NO. 2015-40 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S
REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 7; ORDERING LANDSCAPING
MAINTENANCE, RENOVATION, AND REPLACEMENT AND APPURTENANCES
TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2015
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Agenda material is available at www.westeovina.org
Tuesday June 02, 2015
Motion by second by
to
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
19) Ordinance Repealing Section 15-19 (Sex Offender Residency and Loitering
Restrictions) of Article I (General) of Chapter 15 (Miscellaneous Provisions Relating
to Public Health and Safety), Relating to Sex Offenders
It is recommended that the City Council introduce, give first reading, waive further
reading of the following proposed ordinance amending Article I of Chapter 15 of the West
Covina Municipal Code:
ORDINANCE NO. 2278 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, REPEALING SECTION 15-19 (SEX OFFENDER
RESIDENCY AND LOITERING RESTRICTIONS) OF ARTICLE I (GENERAL) OF
CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH
AND SAFETY), RELATING TO SEX OFFENDERS
Motion by second by
introduce disapprove hold over
ROLL CALL: Spence, Toma, Warshaw, Wong, Sykes
FINANCE DEPARTMENT
20) Proposed Bid Limit Changes as Established in the West Covina Municipal Code
It is recommended that the City Council introduce, give first reading, and waive further
reading of the following ordinance that will raise the dollar threshold limits as defined in
the West Covina Municipal Code:
ORDINANCE NO. 2276 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING ARTICLE VII (PURCHASES AND
SALES) INCREASING THE DOLLAR THRESHOLDS AS DEFINED IN SEC. 2-333
AND SEC. 2-334 OF THE WEST COVINA MUNICIPAL CODE
Motion by second by
to
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Tuesday June 02, 2015
SUCCESSOR AGENCY
SEE SEPARATE AGENCY AGENDA
Recess the City Council meeting at
The City Council meeting reconvened at
MAYOR/COUNCILMEMBERS REPORTS
COUNCILMAN MIKE SPENCE
to convene the Successor Agency meeting.
21) Ordinance Amending the West Covina Municipal Code Regarding Possession of
Weapons at City Hall
It is recommended that the City Council introduce, give first reading, and waive further
reading of the following proposed ordinance:
ORDINANCE NO. 2278 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING SECTION 15-32 (POSSESSION OF
WEAPONS AT CITY HALL PROHIBITED) OF ARTICLE I (GENERAL) OF
CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH
AND SAFETY), RELATING TO POSSESSION OF WEAPONS
Motion by second by
to
MAYOR PRO TEM JAMES TOMA
22) Emergency Water Regulations Adopted by the State Water Resources Control
Board
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
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 June 02, 2015
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 JAMES TOMA & COUNCILMEMBER COREY WARSHAW
23) Request from Mayor Pro Tem James Toma and Councilmember Corey Warshaw
for City Council's Consideration to Discuss the Nationwide Environmental Services
Contract
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 June 16, 2015 7:00 p.m.
RULES OF DECORUM 7771
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
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Tuesday June 02, 2015
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