04-05-2016 - RegularCITY OF WEST COVINA
CITY COUNCIL
TUESDAY APRIL 05, 2016, 6:00 PM
REGULAR MEETING — CLOSED SESSION
CITY MANAGER'S CONFERENCE ROOM
1444 W. GARVEY AVENUE
WEST COVINA, CALIFORNIA 91790
Mayor James Toma
Mayor Pro Tern 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 (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 A COPY OF THE COUNCIL AGENDA FOR
THE MEETING OF y (S# (pWAS POSTED IN
ACCORD NCETHTHE 01187 BROWN ACT AMENDMENT
G; RCE OF THE tITY CLERK
Tuesday April 05, 2016
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
WC Homes Case
CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Patrick McGowan v. City of West Covina (Case No. ADJ9944574)
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(d)(3)
Number of Cases: Two (2)
LIABILITY CLAIMS
Pursuant to Government Code § 54956.95
Claimant: Jason Briley
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Freeland, Bokosky, Barlow
• Employee Organizations
- Confidential Employees
- Maintenance & Crafts Employees
- W.C. Police Officers' Association
General Employees
- Mid -Management Employees
- W.C. Police Management Association
- W.C. Firefighters' Management Assoc.
- W.C. Firefighters' Association, LA.F.F., Local 3226
• Unrepresented Employee Group
- Department Heads
ADJOURNMENT
Agenda material is available at www.westcovina.org
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY APRIL 05, 2016, 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 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 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 rvww.tvestcovina.ore. 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 3l7 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 OF `{ 15 11 V WAS POSTED IN
ACCORDANCE ITH THE 01187 BROWN ACT AMENDMENT
e—bKD- 1 4
FFICE OF THE y L
Tuesday April 05, 2016
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.
Agenda material is available at www.westeovina.org
Tuesday April 05, 2016
AGENDA
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY APRIL 05, 2016, 7:00 PM
REGULAR MEETING
INVOCATION
Pastor Kelly Dupe6
West Covina Police Chaplain
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
Proclamation proclaiming April 5, 2016 as National Service Recognition Day
Fourth Annual Mayors Day of Recognition for National Service
Proclamation proclaiming June - August, 2016 as Play Ball Summer
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
1wa)'or.
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 wiless members of the City Council/Cotmrumity
Development Commission request specific items to be removed from the Consent Calendarfor separate discussion or
action.
Agenda material is available at www.westcovina.org
Tuesday April 05, 2016
APPROVAL OF MEETING MINUTES (receive & file)
1) • January 19, 2016 Regular City Council/Successor Agency Closed Session Meeting
Minutes
• January 19, 2016 Regular City Council Meeting Minutes
• February 2, 2016 Regular City Council/Successor Agency Closed Session Meeting
Minutes
• February 2, 2016 Regular City Council Meeting Minutes
CLAIMS AGAINST THE CITY
2) Government Tort Claim Denial
It is recommended that the City Council deny the following Government Tort Claim and
the claimant be notified:
Jason Briley vs. City of West Covina
ORDINANCES FOR ADOPTION
3) An Ordinance Adding Sections 15-63 through 15-72 to Article III (Fireworks) of
Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the
West Covina Municipal Code Imposing Penalties for the Improper Use of Fireworks
It is recommended that the City Council waive further reading and adopt the following
ordinance:
ORDINANCE NO. 2294 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, ADDING SECTIONS 15-63 THROUGH 15-72 TO ARTICLE ❑I
(FIREWORKS) OF CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO
PUBLIC HEALTH AND SAFETY) OF THE WEST COVINA MUNICIPAL CODE
IMPOSING PENALTIES FOR THE IMPROPER USE OF FIREWORKS
AWARD OF BID
4) Award of Bid for Roof Replacement at the Police Department Building (Project No.
BP-15304)
It is recommended that the City Council take the following actions:
1.) Accept the bid of WSP Roofing of Roseville, California, in the amount of $199,000 as
submitted at the bid opening on February 23, 2016, and authorize the City Manager to
execute an agreement; and
2.) Appropriate $80,872 from fund balance in the Asset Forfeiture Fund to Project No.
BP-15304 (Acct.# 117.83.8526.7530).
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Agenda material is available at www.westcovina.org
Tuesday April 05, 2016
APPROVAL OF FINAL MAP
5) Approval of Final Map for Tract Map No. 73395
Location: 1900 W. Garvey Avenue South
Subdivider: Executive Law Property Group, LLC
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2016-27 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF TRACT
MAP NO. 73395 LOCATED AT 1900 W. GARVEY AVENUE SOUTH (EXECUTIVE
LAW PROPERTY GROUP, LLC)
TRAFFIC COMMITTEE MEETING MINUTES (accept & file)
6) October 21, 2015 Traffic Committee Minutes
This item was continued from the March 1, 2016 City Council meeting to provide
additional information. The Community Manager for the Cimarron Ridge condominiums
submitted a letter from the Horne Owners Association authorizing the manager to request
parking restrictions for street sweeping days. This is not a request to restrict overnight
parking, which requires a vote of property, owners. Street sweeping parking restrictions
requires a simple majority of the affected residents to approve the parking restriction.
II. Request:
Jay Parson, Community Manager
That no parking on street sweeping days be implemented on the south side of Aroma
Drive from Donna Beth Avenue to Abrazo Drive and on the eastside of Donna Beth
Avenue from Calico Drive to Aroma Drive, every second and fourth Thursday of each
month from 7:00 a.m. to 3:00 p.m.
Traffic Committee Recommendation:
That no parking on street sweeping days be implemented on the south side of Aroma
Drive from Donna Beth Avenue to Abrazo Drive and on the eastside of Donna Beth
Avenue from Calico Drive to Aroma Drive, every second and fourth Thursday of each
month from 7:00 a.m. to 3:00 p.m.
TREASURER'S REPORT (receive & file)
7) City Treasurer's Report for the Month Ended February 29, 2016
It is recommended that the City Council receive and file the report.
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Agenda material is available at wwmwestcovina.org
Tuesday April 05, 2016
FINANCE DEPARTMENT
8) FY 15/16 Budget Amendments
It is recommended that the City Council approve the proposed FY 15/16 Budget
Amendments:
1.) Appropriate expenditures in the amount of $761,082.34 to the Sewer Maintenance
Fund transfers out ($1,500.64 to Acct.# 189.95.9500.9181 and $759,581.70 to Acct.#
189.95.9500.9110) and the corresponding revenues in the amount of $759,581.70 to the
General Fund transfers in (Acct.# 110.00.9189) and $1,500.64 in the Maintenance District
No. 1 transfers in (Acct.# 181.00.9189); expenditures in the amount of $1,393.59 in the
Maintenance District No. 1 transfers out (Acct.# 181.95.9500.9110) and the corresponding
revenues in the amount of $1,393.59 in the General Fund transfers in (Acct.#
110.00.9181); and expenditures in the amount of $50,146.03 in the General Fund transfers
out (Acct.# 110.95.9500.9189) and the corresponding revenues in the amount of
$50,146.03 in the Sewer Maintenance Fund transfers in (Acct.# 189.00.9110); and
2.) Approve the closing of the Fee & Charge Fund to the General Fund during Fiscal Year
15/16 and the required budget amendments to accomplish this such as decreasing the
Senior Center part-time expenditures in the amount of $110,317.00 in Fund I II (Acct.#
111.51.5180.5112) and appropriating the Senior Center part-time expenditures in the
amount of $110,317.00 to Fund 110 (Acct# 110.51.5180.5112); and
3.) Appropriate expenditures in the amount of $6,293.26 to the Business Improvement
Tax Fund other supplies/materials (Acct.# 118.11.1120.6270).
9) Investment Advisory Services
It is recommended that the City Council authorize the City Manager to execute a three (3)
year Professional Service Agreement with two (2) one-year renewal options with
Chandler Asset Management to perform investment advisory services.
HUMAN RESOURCES
10) Revise City Councilmember Schedule of Benefits
It is recommended that the City Council take the following actions:
1.) Approve the revised schedule of benefits for City Councilmembers active on or after
November 7, 2017; and
2.) Adopt the following resolution:
RESOLUTION NO. 2016-28 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, REVISING THE COMPENSATION AND
SCHEDULE OF BENEFITS FOR CITY COUNCILMEMBERS AND AMENDING
RESOLUTION 2015-11
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Agenda material is available at www.westcovina.org
Tuesday April 05, 2016
PLANNING DEPARTMENT
11) Adoption of City Procedures to Lnplement the California Environmental Quality
Act (CEQA)
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2016-26 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA REPEALING RESOLUTION NO. 2000-35,
INCORPORATING THE STATE CEQA GUIDELINES BY REFERENCE AND
ADOPTING SPECIFIC PROCEDURES NECESSARY TO TAILOR THE CEQA
GUIDELINES TO THE OPERATIONS OF THE CITY OF WEST COVINA
PUBLIC WORKS
12) Increase Performance Truck Repair Purchase Order Amount for Fire Apparatus
Repairs
It is recommended that the City Council approve increasing the Performance Truck Repair
purchase order to in the amount of $40,000.
13) Rejection of Bid for Roof Improvements at Cameron Park Community Center
(Project No. BP-16022)
It is recommended that the City Council reject the bid received for City Project BP-16022
as submitted in the Office of the City Clerk and authorize the Public Works Director to re -
advertise and call for new bids.
ACTION ON CONSENT CALENDAR
Motion by second by
to approve all items listed on the Consent Calendar as presented
ROLL CALL: Johnson, Spence, Warshaw, Wu, Toma
END OF CONSENT CALENDAR
HEARINGS
PUBLIC HEARINGS
14) Amendments to the Community Development Block Grant (CDBG) FY 2015-2020
Strategic Plan and FY 2015-2016 Action Plan
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Agenda material is available at www.westcovina.org
Tuesday April 05, 2016
a) Verification
b) Open hearing
c) Staff report
d) Open testimony
e) Council discussion
f) Recommendation: It is recommended that the City Council approve the proposed
amendments to the CDBG FY 2015-2020 Strategic Plan and FY 2015-2016 Action Plan
as detailed in this report and authorize an appropriation in the amount of $680,000 to the
CDBG Fund (Acct.# 131.81.8515.7200).
Motion by second by
to
DEPARTMENTAL REGULAR MATTERS
FINANCE DEPARTMENT
15) Appointment of Audit Committee Members
It is recommended that the City Council appoint two community members to the City's
Audit Committee.
Motion by second by
to
PUBLIC WORKS
16) Ordinance Re -Enacting Public, Education and Government Channel Access Fees
It is recommended that the City Council introduce the following Ordinance, which would
reinstate the Public, Educational and Government (PEG) Channel Access fee to be paid by
any video provider (franchise or otherwise) to fund the programming for the City's PEG
channels;
ORDINANCE NO. 2296 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING SECTION 11-19 OF THE
MUNICIPAL CODE OF THE CITY OF WEST COVINA REGARDING PUBLIC,
EDUCATIONAL AND GOVERNMENTAL CHANNEL ACCESS FEES
Motion by second by
introduce disapprove hold over
ROLL CALL: Johnson, Spence, Warshaw, Wu, Toma
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Agenda material is available at www.westcovina.org
Tuesday April 05, 2016
17) Award of Bid for Residential Streets Rehabilitation (Project No. SP-15106 - Phase II)
It is recommended that the City Council accept the bid of Sully -Miller Contracting
Company of Brea, California in the amount of $677,623 as submitted at the bid opening
on March 24, 2016. and authorize the City Manager to execute an agreement with Sully -
Miller Contracting Company for the work to be done.
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
COUNCILMAN LLOYD JOHNSON
18) Ordinance Amending Chapter 2, Article XI (Local Officer Elections) Relating to
City Officer Election Recounts
It is recommended that the City Council introduce by title only, and waive further reading
of, the following ordinance:
ORDINANCE NO. 2295 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA. AMENDING ARTICLE XI (LOCAL OFFICER
ELECTIONS) OF CHAPTER 2 RELATING TO CITY OFFICER ELECTION
RECOUNTS
Motion by second by
introduce disapprove hold over
ROLL CALL: Johnson, Spence, Warshaw, Wu, Toma
COUNCILMAN MIKE SPENCE
19) Report Outlining the City's Current Efforts to Prevent Human Trafficking in the
City of West Covina
It is recommended that the City Council receive and file the informational report.
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Agenda material is available tit www.ivesteovina.org
Tuesday April 05, 2016
Motion by
to
second by
20) Possible Repeal of the Ban on Selling Safe and Sane Fireworks in West Covina
It is recommended that the City Council receive and file the informational report, thus
maintaining the ban on fireworks in West Covina.
Motion by
to
second by
AB1234 Conference and Meeting Report (verbal, if any)
(bn 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 REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
(Per City of West Covina Standing Riles 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 LLOYD JOHNSON
21) Request from Councilman Lloyd Johnson Requesting the City Council's Consensus
to Direct Staff to Issue a Request for Proposals (RFP) for Towing Services in Area 2,
in the City of West Covina
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
COUNCILMAN TONY WU
22) Request from Councilman Tony Wu Requesting the City Council's Consensus to
Direct Staff to Develop a Program to Promote Businesses that Sponsor After School
Programming within the West Covina School District
It is recommended that the City Council direct staff accordin.-ly.
Motion by second by
to
CITY COUNCIL COMMENTS
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A.-enda material is available at www.westcovina.org
Tuesday April 05, 2016
ADJOURNMENT
Next Tentative City Council Meeting
Closed Session 04/19/2016 6:00 PM
RULES OF DECORUM
The following are excerpts from the Nest 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 availahle at www.ivesteovina.org