12-15-2015 - RegularCITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
TUESDAY DECEMBER 15, 2015, 6:00 PM
REGULAR MEETING — CLOSED SESSION
CITY MANAGERS CONFERENCE ROOM
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor James Toma
Mayor Pro Tem Corey Warshaw
Councilman Lloyd Johnson
Councilman Mike Spence
Councilman Tony Wu
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 (17MM 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 A COPY OF THE COUNCIL AGENDA FOR
THE MEETING OFIZ 1157 19AS POSTED IN
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Tuesday December 15, 2015
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)M
Clue v. City of West Covina
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 5495 6.9(d)(1)
State of California Department of Transportation v. West Covina Successor Agency, et al.
[Lakes Office Complex]
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(d)(3)
Number of Cases: Four (4)
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION: INITIATION OF
LITIGATION
Pursuant to Government Code § 54956.9(d)(4)
Number of Cases: Two (2)
ADJOURNMENT
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Agenda material is available at www.westeovina.org
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY DECEM13ER 15, 2015, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor James Toma
Mayor Pro Tem Corey Warshaw
Councilman Lloyd A. Johnson
Councilman Mike Spence
Councilman Tony Wu
Please turn off all cell phones and other electronic devices prior to entering the Council Chambers
AMERICANS WITH DISABILITIESACT
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 wtvw.wes1covina.or2. 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 OFft ps/1 %AS POSTED IN
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OFFICE OF THE CITY CEERK
Tuesday December 15, 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.westeovitia.org
Tuesday December 15, 2015
AGENDA
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY DECEMBER 15, 2015, 7:00 PM
REGULAR MEETING
INVOCATION
Assistant City Clerk Rosalia Conde
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
Presentation by the East San Gabriel Valley Coalition for the Homeless
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) July 15, 2015 City Council/Successor Agency Special Meeting Minutes
July 21, 2015 City Council/Successor Agency Regular Closed Session Meeting
Minutes
July 27, 2015 City Council Special Closed Session Meeting Minutes
July 27, 2015 City Council Special Meeting Minutes
Agenda material is available at www.westeovitia.org
Tuesday December 15, 2015
August 5, 2015 City Council Special Meeting Minutes
August 11, 2015 City Council Special Meeting Minutes
August 18, 2015 City Council Regular Closed Session Meeting Minutes
August 18, 2015 City Council Regular Meeting Minutes
August 24, 2015 City Council Special Meeting Minutes
COMMISSION SUMMARY OF ACTIONS (receive & file)
2) July 14, 2015 Community & Senior Services Commission Summary of Actions
September 8, 2015 Community & Senior Services Commission Summary of Actions
CLAIMS AGAINST THE CITY
3) Government Tort Claim Denials (receive & file)
It is recommended that the City Council deny the following Government Tort claim and
the claimant and/or their respective attorney be notified:
Eduardo Sierra vs. City of West Covina
TREASURER'S REPORT (receive & file)
4) City Treasurer's Report for the Month Ended October 31, 2015.
It is recommended that the City Council receive and file the report.
CITY MANAGER'S OFFICE
5) Cancellation of January 5, 2016 City Council Meeting
It is recommended that the City Council cancel the City Council Meeting of January 5,
2016, due to upcoming holidays.
6) Appointment of City Council/City Staff Representative to San Gabriel Valley
Mosquito & Vector Control District Board of Trustees
t is recommended that the City Council re -appoint Councilman Mike Spence to the San
iabriel Valley Mosquito & Vector Control District Board of Trustees to a two-year term.
7) Appointment of City Councilmember to Los Angeles County Sanitation District
It is recommended that the City Council appoint Mayor Pro Tern Corey Warshaw as the
City of West Covina's alternate to the Los Angeles County Sanitation District.
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Agenda material is available at www.westeovina.org
Tuesday December 15, 2015
FINANCE DEPARTMENT
8) Comprehensive Information Technology (IT) Assessment
It is recommended that the City Council take the following actions:
1.) Authorize the City Manager to execute a Professional Service Agreement with
ClientFirst Technology Consultant to perform a Comprehensive IT Assessment; and
2.) Approve a budget amendment in the amount of $49,895 to move funds from Data
Processing Equipment (Account# 110.13.1340.6334) to Professional Services (Account#
110.13.1340.6110).
9) FY 15/16 Budget Amendments
It is recommended that the City Council approve the proposed FY 15/16 Budget
Amendments:
1.) Appropriate fund balance from the Used Oil Block Grant Fund in the amount of
$4,690 in expenditures (Account# 149.41.4180.5XXX); and
2.) Appropriate fund balance from the Air Quality Improvement Fund in the amount of
$1,830 in expenditures (Account# I I9.41.4185.5XXX).
FIRE DEPARTMENT
10) Approve a Fifteen -Year Lease -Purchase Agreement with Holman Capital
Corporation to Purchase Two Fire Engines and a Quint Aerial Ladder Truck from
Pierce Manufacturing for the Fire Department
It is recommended that the City Council take the following actions:
1.) In accordance with the 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 Public Procurement Authority, Wilsonville, Oregon, Request for Proposal 1420
for Fire Apparatus that was awarded to Pierce Manufacturing Company satisfies West
Covina's bid process and authorizes the purchase from Pierce Manufacturing Company
two (2) Pierce Fire Engines and one (1) Pierce Quint Aerial Ladder Truck; and
2.) Approve a fifteen -year (180 month) lease -purchase agreement with Holman Capital
Corporation to lease two (2) Pierce Fire Engines and one (1) Pierce Quint Aerial Ladder
Truck in the amount of $220,041.62, per year, and a total amount of $3,300,624.30 for the
fifteen -year term; and
3.) Authorize the City Manager to execute all necessary documents, subject to final review
and approval by the City Attorney; and
4.) Adopt the following resolution:
RESOLUTION NO. 2015-95 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, AUTHORIZING THE EXECUTION AND DELIVERY OF
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Agenda material is available at www.westcovina.org
Tuesday December 15, 2015
AN EQUIPMENT LEASE -PURCHASE AGREEMENT, AN ESCROW AGREEMENT
AND EQUIPMENT SCHEDULE WITH RESPECT TO THE ACQUISITION,
PURCHASE, FINANCING, AND LEASING OF CERTAIN EQUIPMENT FOR THE
PUBLIC BENEFIT; AUTHORIZING THE EXECUTION AND DELIVERY OF
DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING
THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE
CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS
RESOLUTION
POLICE DEPARTMENT
11) Award of Bid - Police Motorcycle
It is recommended that the City Council take the following actions:
1.) Find that Long Beach BMW is the sole, responsible bidder for the Police motorcycle;
and
2.) Approve a purchase order agreement with Long Beach BMW totaling $33,395.46,
from Account# 117.31.3121.7170.
PUBLIC WORKS
12) Award of Contract for Janitorial Services at the Civic Center and City Buildings and
Facilities
It is recommended that the City Council take the following actions:
1.) Award a contract to Golden Touch Cleaning in the amount not to exceed $244,452 to
provide janitorial services for City Hall, West Covina Service Group, Police Department,
Police Jail, Communications Building, City Maintenance Yard, Cameron Community
Center, Cortez Senior Center, Palm View Recreation Center, and Shadow Oak Recreation
Center; and
2.) Authorize City Manager and City Clerk to execute an agreement with Golden Touch
Cleaning for the services; and
3.) Appropriate $76,568 from the General Fund anticipated Fiscal Year 2014-2015 year-
end surplus to cover the shortfall in funding for Fiscal Year 2015-2016.
13) Reject Bids for Roof Replacement at the Police Department Building - Project No.
CP-16032
It is recommended that the City Council reject all bids received for City Project No. CP-
16032 as submitted in the Office of the City Clerk and authorize the Public Works
Director to re -advertise and call for new bids.
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Agenda material is available at www.westcovina.org
Tuesday December 15, 2015
14) Contract for the. Construction of Veterans Memorial Project
It is recommended that the City Council take the following actions:
1.) Approve and award a contract to C-1 Construction Corporation in the amount of
$69,830 and authorize the City Manager to execute an agreement with C-1 Construction
Corporation for the.work to be done; and
2.) Authorize the City Manager to execute an agreement with Michael Amescua in the
amount of $86,000 for the fabrication of the artwork; and
3.) Appropriate an additional funding in the amount of $46,000 (Account#
212.84.8505.7900) to Project No. GP-15402 to cover the shortfall in funding.
15) Letter Supporting a Fair Allocation of Proposition 1 Water Bond Funding to the San
Gabriel and Lower Los Angeles Rivers and Mountains Conservancy
It is recommended that the City Council direct City staff to prepare a letter in support of a
fair allocation of Proposition 1 Water Bond funding to the San Gabriel and Lower Los
Angeles Rivers and Mountains Conservancy (RMC) to be executed by the Mayor and to
be forwarded to California State Senators and Assembly jrnembers representing West
Covina.
16) Rejection of Proposals and Approval of Contract Extension for General Cleaning
and Power Washing of City -Owned Bus Shelters
It is recommended that the City Council take the following actions:
1.) Reject proposals received for the general cleaning and power washing of City -owned
bus shelters; and
2.) Approve a one-year contract extension to Valley Light Industries in the amount not to
exceed $58,356.48 to provide general cleaning and power washing of City -owned bus
shelters; and
3.) Authorize the City Manager to execute a one-year contract extension with Valley Light
Industries to provide the services.
ACTION ON CONSENT CALENDAR
Motion by second by
to approve all items listed on the Consent Calendar as presented
except:
ROLL CALL: Johnson, Spence, Warshaw, Wu, Toma
END OF CONSENT CALENDAR
Agenda material is available at www.ivestcovina.org
Tuesday December 15, 2015
HEARINGS
PUBLIC HEARINGS
17) Code Amendment No. 15-04
Marijuana Cultivation
General Exemption
a) Verification
b) Open hearing
c) Staff report
d) Open testimony
e) Council discussion
f) Recommendation: It is recommended that the City Council hold the public hearing and
introduce the following ordinance:
ORDINANCE NO. 2288 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING THE CITY OF WEST COVINA
MUNICIPAL CODE TO PROHIBIT THE CULTIVATION OF MARIJUANA
Motion by second by
introduce disapprove hold over
ROLL CALL: Johnson, Spence, Warshaw, Wu, Toma
18) General Plan Amendment No. 14-01
Zone Change No. 14-01
Precise Plan No. 14-03
Conditional Use Permit No. 14-20
Variance No. 14-23
Mitigated Negative Declaration of Environmental Impact
Applicant: Steve Anderson
Location: 1388 E. Garvey Avenue South
a) Verification
b) Open hearing
c) Staff report
d) Open testimony
e) Council discussion
f) Recommendation: It is recommended that the City Council hold the public hearing and
adopt the following resolutions:
RESOLUTION NO. 2015-90 - A RESOLUTOIN OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL
PLAN AMENDMENT NO. 14-01, ZONE CHANGE NO. 14-01, PRECISE PLAN NO.
14-03, CONDITIONAL USE PERMIT NO. 14-20 AND VARIANCE NO. 14-23
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Agenda material is available at ivww.westcovina.org
Tuesday December 15, 2015
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970,
AS AMENDED
RESOLUTION NO. 2015-91 - A RESOLUTION OF TFIE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 14-03
RESOLUTION NO. 2015-92 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 14-20
RESOLUTION NO. 2015-93 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING VARIANCE NO, 14-23
RESOLUTION NO. 2015-94 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT NO. 14-01
Motion by second by
adopt disapprove hold over
The Planning Commission and Planning staff further recommend that the City Council
introduce the following ordinance:
ORDINANCE NO. 2289 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 14-01
Motion by second by
introduce disapprove hold over
ROLL CALL: Johnson, Spence, Warshaw, Wu, Toma
DEPARTMENTAL REGULAR MATTERS
FINANCE DEPARTMENT
19) First Quarter Financial Report and City Council Goals Update for Fiscal Year 2015-
2016
It is recommended that the City Council receive and file the report.
Motion by second by
to
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Agenda material is available at wrvw.westcovina.org
Tuesday December 15, 2015
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
None.
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/evendconference 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.)
COUNCILMAN MIKE SPENCE
20) Request from Councilman Mike Spence Requesting the City Council's Consensus to
Instruct City Staff to Prepare a Report to Repeal or Place a Moratorium on the
Implementation of Development Impact Fees
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
MAYOR JAMES TOMA
21) Request from Mayor James Toma Requesting the City Council's Consensus to
Instruct City Staff to Seek Proposals for the Development of a Comprehensive
Economic Development Strategic Plan
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.westcoviiia.org
Tuesday December 15, 2015
COUNCILMAN TONY WU
22) Request from Councilman Tony Wu Requesting the City Council's Consensus to
Instruct City Staff to Prepare a Report on Expanding Internship Opportunities
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
CITY COUNCIL COMMENTS
ADJOURNMENT
Next Tentative City Council Meeting
Closed Session 01/19/2016 6:00 PM
RULES OF DECORUM
Thefollowing are excerpts front the West Covina Municipal Cole:
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.
See.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.
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Agenda material is available at www.westcovitia.org
Tuesday December 15, 2015
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