12-01-2015 - RegularCITY OF WEST COVINA
CITY COUNCIL "
TUESDAY DECEMBER 0.1, 2015, 6:00 PM
REGULAR MEETING "CLOSED SESSION
CITY MANAGER'S CONFERENCE ROOM
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Fredrick Sykes
Mayor Pro Tern James Toma
Councilman Mike Spence
Councilmember Corey Warshaw
Councilmember Ben Wong
Agenda material is available for review before the meeting at the City Clerk's Office, Room 317 at City Hall, 1444
W. Garvey Avenue South, West Covina. The City complies with the Americans with Disabilities Act (ADA). If
you will need special assistance at this meeting, the City will try to accommodate you in every reasonable manner.
Please call (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8:00 a.m. to 5:00 p.m. Monday through
Thursday at least 48 hours prior to the meeting. For sign language interpreter services at Council meetings, please
call at least four working days prior to the meeting.
AGENDA
ROLL CALL
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
I CERTIFY THAT COPY OF THE COUNCIL AGENDA FOR
THE MEETING OF I Z I I I i $PUS POSTED IN
ACCORDANCE WITH THE 01187 BROWN ACT AMENDMENT
OFFICE OF THE CITY
Tuesday December 01, 2015
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Clue v. City of West Covina
CONFERENCE WITFI LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code & 54956.9(d)(2)
Number of Cases: One (1)
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION: INITIATION OF
LITIGATION
Pursuant to Government Code 54956.9(d)(4)
Number of Cases: Two (2)
ADJOURNMENT
Agenda material is available at www.westcovitia.org
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY DECEMBER 01, 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 turnoff 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.orp. 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.
I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR
THE MEETING OFI'LI I 1 19&S POSTED IN
ACCORDAN Wf[H THE 01/87 BROWN ACT AMENDMENT
:it to
O FICE OF THE CITY CLERK
Tuesday December 01, 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.westeovina.org
Tuesday December 01, 2015
AGENDA
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY DECEMBER 01, 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
Introduction of new Human Resources Director Tom Bokosky
Presentation by Los Angeles County on El Nino
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Please step forward to the podium and state your name and city ofresidence 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 CouncillCommunity
Development Commission request specific items to be removed from the Consent Calendar for separate discussion or
action.
Agenda material is available at www.westeovina.org
Tuesday December 01, 2015
APPROVAL OF MEETING MINUTES (receive & file)
1) July 7, 2015 Regular City Council Meeting Minutes
July 17, 2015 Special City Council Closed Session Meeting Minutes
July 21, 2015 Regular City Council Meeting Minutes
ORDINANCES FOR ADOPTION
2) Code Amendment No. 15-02 Establishing Standards for Development Impact Fees
This ordinance was introduced at the West Covina City Council meeting of November 17,
2015. On September 15, 2015, City Council initiated a code amendment related to
Development Impact Fees. The purpose of Ordinance No. 2286 is to establish standards
for Development Impact Fees. Code Amendment No. 15-02 is hereby found to be
consistent with the West Covina General Plan and the implementation thereof and the
public necessity, convenience, and general welfare.
The ordinance will take effect 30 days after its adoption on December 1, 2015.
It is recommended that the City Council waive further reading and adopt the following
ordinance:
ORDINANCE NO.-2286 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 17 (PLANNING) OF
THE WEST COVINA MUNICIPAL CODE TO ADD ARTICLE IV TO ESTABLISH
STANDARDS FOR DEVELOPMENT IMPACT FEES
3) Extension of Foreclosure Properties Ordinance
This ordinance was introduced at the West Covina City Council meeting of November 17,
2015. The purpose of Ordinance No. 2287 is to extend the terns and provisions of
Ordinance No. 2238 for an additional period of three years to continue to ensure that
foreclosure properties are given the proper attention by lenders that own them, thus
reducing blight in West Covina.
The ordinance will take effect 30 days after its adoption on December 1, 2015.
It is recommended that the City Council waive further reading and adopt the following
ordinance:
ORDINANCE NO. 2287 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, EXTENDING THE TERMS AND PROVISIONS
OF ORDINANCE NO. 2238 FOR AN ADDITIONAL PERIOD OF THREE YEARS,
AMENDING CHAPTER 15 OF THE MUNICIPAL CODE TO REQUIRE
REGISTRATION, MAINTENANCE AND SECURITY OF PROPERTIES IN
FORECLOSURE
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Agenda material is available at www.westcovina.org
Tuesday December 01, 2015
AWARD OF BID
4) Award of Bid for Fiscal Year 2015-2016 Pavement Preservation Project (Project No.
SP-16002)
It is recommended that the City Council accept the bid of Roy Allan Slurry Seal, Inc. of
Santa Fe Springs, California in the amount of $317,730.09 as submitted at the bid opening
on November 10, 2015, and authorize the City Manager to execute an agreement with Roy
Allan Slurry Seal, Inc. for the work to be done.
COMMUNITY DEVELOPMENT COMMISSION
5) Resolution Accepting Public Use Properties from Successor Agency for
Governmental Use of Public Parking
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-99 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA ACCEPTING FOURTEEN (14) PARCELS (8451-012-907,
8474-011-942 & 943, 8474-003-915, 918, 928, 929, 931, 932, 933, 934, 935, 939, & 940)
FROM THE WEST COVINA SUCCESOR AGENCY TO THE WEST COVINA
REDEVELOPMENT AGENCY
PUBLIC WORKS
6) Acceptance of Public Improvements for Project No.'s SP-15104 and SP-15107
Sidewalk Repairs at Various Locations
It is recommended that the City Council take the following actions:
1.) Accept the Public Improvements construction for Project SP-15104 and SP-15107; and
2.) Authorize recordation of Notice of Completion with the Los Angeles County
Recorder; and
3.) Authorize release of retention in the amount of $3,660.95 thirty-five (35) days after
recordation of the Notice of Completion.
7) Acceptance of Public Improvements for Project No. BP-15303 - Shower Stall Repairs
at Fire Station No. 1
It is recommended that the City Council take the following actions:
1.) Accept the Public Park Improvements construction for Project No. BP-15303; and
2.) Authorize the recordation of Notice of Completion with the Los Angeles County
Recorder; and
3.) Authorize release of retention in the amount of $2,259.25 thirty-five (35) days after the
recordation of Notice of Completion.
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Agenda material is available at www.westeovina.org
Tuesday December 01, 2015
8) Acceptance of Public Improvements for Project No. PP-16020 - Del Norte Park
Improvements
It is recommended that the City Council take the following actions:
1.) Accept the Public Park Improvements construction for Project No. PP-16020; and
2.) Authorize recordation of Notice of Completion with the Los Angeles County
Recorder; and
3.) Authorize release of retention in the amount of $3,735.35 thirty-five (35) days after
recordation of the Notice of Completion.
9) Release of Faithful Performance Guarantee for 3329 E. Virginia Avenue
It is recommended that the City Council accept all on -site and off -site improvements for
3329 E. Virginia Avenue and authorize the release of Faithful Performance Assignment of
Deposit No. 0039218052 by Union Bank in the amount of $20,000.
ACTION ON CONSENT CALENDAR
Motion by second by
to approve all items listed on the Consent Calendar as presented
ROLL, CALL: Spence, Toma, Warshaw, Wong, Sykes
END OF CONSENT CALENDAR
MAXOR/COUNCILMEMBERS REPORTS
None.
AB1234 Conference and Meeting Report (verbal, if any)
(1n accordance with SIB 1234, Councilmembers shall make a brief report or file a written report on any
meeting/evem1conference attended at City expense.)
(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.)
None.
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Agenda material is available at www.westeovina.org
Tuesday December 01, 2015
ELECTION RESULTS AND COUNCIL REORGANIZATION
ELECTION RESULTS
10) Official Election Results of the November 3, 2015 General Municipal Election
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-87 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, RECITING THE FACT OF THE
GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 3, 2015 DECLARING
THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW
Motion by second by
adopt disapprove hold over
CITY COUNCIL COMMENTS
ADJOURNMENT
Next Tentative City Council Meeting
Closed Session 12/15/2015 6:00 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 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
Agenda material is available at www.westcovina.org
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Tuesday December 01, 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 1747) 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.westeovina.org