09-06-2016 - RegularCITY OF WEST COVINA
CITY COUNCIL
TUESDAY SEPTEMBER 06, 2016, 5:30 PM
REGULAR MEETING - CLOSED SESSION
CITY MANAGER'S CONFERENCE ROOM
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor James Tama
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 ci ',WS POSTED IN
ACCORDANCEIWITH THE 01/87 BROWN ACT AMENDMENT
OF/FECE OF TH'd ccr11 CLERK
Tuesday September 06, 2016
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: 707 Lark Ellen, West Covina, CA
Agency Negotiator: Freeland, Hall Barlow
Negotiating Parties: None
Under Negotiation: Terms and Conditions of Agreement
CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
City of Gardena v. Regional Water Quality Control Board, etc.
OCSC Case No. 30-2016-00833722 and Related Case — The Cities of Duarte & Huntington Park
v. State Water Resources Control Board, etc.
OCSC Case No. 30-2016-00833614
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(d)(3)
Number of Cases: Three (3)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code § 54957
Title: City Manager
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Freeland, Bokosky, Barlow
• Employee Organizations
- Confidential Employees - General Employees
- Maintenance & Crafts Employees - Mid-Management Employees
- W.C. Police Officers' Association - W.C. Police Management Association
- W.C. Firefighters' Management Assoc.
- W.C. Firefighters' Association, I.A.F.F., Local 3226
• Unrepresented Employee Group
- Department Heads
ADJOURNMENT
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Agenda material is available at www.westeovina.org
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY SEPTEMBER 06,2016, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
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
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.
I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF ci /Ce it WAS POSTED IN
ACCORDAN E THE 01/87 BROWN ACT AMENDMENT
OFFICE OF H
Tuesday September 06, 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.
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Agenda material is available at wtvw.westcovina.org
Tuesday September 06, 2016
AGENDA
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY SEPTEMBER 06, 2016, 7:00 PM
REGULAR MEETING
INVOCATION
Pastor Kelly Dupee
West Covina Police Chaplain
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
Recognition of West Covina Police Officer Kenny Benitez
Recognition of West Covina Police Officer Matt Bowman and Community Services
Officer Rene Schultz
Recognition of National Night Out Participants
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Please step fbnvard 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 WiVW.westeovina.org
Tuesday September 06, 2016
CLAIMS AGAINST THE CITY
1) Government Tort Claim Denials (receive & file)
It is recommended that the City Council deny the following Government Tort Claims and
the claimants be notified:
Irma Ramirez vs. The City of West Covina
Jesse James vs. The City of West Covina
Lourdes Gutierrez vs. The City of West Covina
INVESTMENT REPORT (receive & file)
2) City Investment Report for the Month Ended June 30, 2016
It is recommended that the City Council receive and file the Investment Report for the
month ended June 30, 2016.
3) City Investment Report for the Month Ended July 31, 2016
It is recommended that the City Council receive and file the Investment Report for the
month ended July 31, 2016.
COMMUNITY SERVICES DEPARTMENT
4) Approval of Maverick Baseball Academy Agreement
It is recommended that the City Council approve the five (5) year agreement with
Maverick Baseball Academy with automatic renewals up to two (2) one year terms.
FINANCE DEPARTMENT
5) Temporary Information Technology Staffing
It is recommended that the City Council approve a Purchase Order with a not to exceed
amount of $56,315 and ratify the contract with Robert Half International, Inc. for
temporary information technology staffing.
6) Award of Bid for Information Technology (IT) Network Services
It is recommended that the City Council authorize the City Manager to execute an
agreement with Accent Computer Solutions to provide equipment, implementation and
monthly management services for the City's information technology network in an amount
not to exceed $560,844.
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Agenda material is available at www.westcovina.org
Tuesday September 06, 2016
7) Fiscal Year 2015-16 and Fiscal Year 2016-17 Budget Amendments
It is recommended that the City Council approve the proposed Fiscal Year 2015-16
Budget Amendments to clean up Fiscal Year 2015-16 expenditures:
1.) Appropriate $5,999 from fund balance in Fund 131 (Community Development Block
Grant) to full-time salaries (Acct# 131.3L3130.5111) for the Domestic Violence Victim
Advocate salary; and
2.) Appropriate Proposition C expenditures in the amount of $2,256.39 to contractual
services (Acct# 122.51.5143.6120) for the Dial-A-Ride program and authorize the
accompanying increase to purchase order (PO) #16-00046, and appropriate Proposition C
fund balance in the amount of $24,488.88 to contractual services (Acct#
122.51.5148.6120) for the Green Line Shuttle program and authorize the accompanying
increase to purchase order (PO) #16-00048.
8) Disposal of Surplus Equipment
It is recommended that the City Council, in accordance with West Covina Municipal Code
Chapter 2, Article VII, Division 1, Sec. 2-316, authorize that a Vacuum Metal Disposition
machine by Spencer Lab and an AB Dick 9810 XCS Offset Press be sold at a public
auction by US Auctions.
FIRE DEPARTMENT
9) Supplemental Fire Inspection Services for the Colony at the Lakes Project (301 S.
Glendora Ave.)
It is recommended that the City Council approve the emergency Purchase Order and ratify
the Professional Services Agreement with RKA Consulting Group in an amount not to
exceed $50,000 for supplemental fire inspection services for the Colony at the Lakes West
Covina Project.
HUMAN RESOURCES
10) Amendment to Memorandum of Understanding with the West Covina Fire
Management Association
It is recommended that the City Council take the following actions:
1.) Adopt the following resolution:
RESOLUTION NO 2016-73 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDTNG THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE WEST
COVINA FIRE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1,
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Agenda material is available at www.westcovina.org
Tuesday September 06, 2016
2015 THROUGH JUNE 30, 2016; and
2.) Appropriate $16,500 from the General Fund fund balance and other funds as deemed
appropriate for Fiscal Year 2015-2016 to be allocated to the various department personnel
cost accounts.
PLANNING DEPARTMENT
11) Appeal of Conditional Use Permit No. 15-08, Variance No. 15-08, and Tree Removal
Permit No. 15-06
Applicant/Appellant: Marilyn Warren for Reliant Land Services (Verizon Wireless)
Location: 2121 Shadow Oak Drive (Shadow Oak Park)
Based on City Council recommendation at the August 16, 2016 City Council meeting,
the following resolution has been prepared for adoption:
RESOLUTION NO. 2016-71 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE
PLANNING COMMISSION AND DENYING CONDITIONAL USE PERMIT NO. 15-
08 ON APPEAL OF PLANNING COMMISSION ACTION
12) Increase the Contract Amounts in the Agreement with Architerra Design Group and
David Evans and Associates for Landscape and Irrigation Plan Check Services
It is recommended that the City Council take the following actions:
1.) Authorize the City Manager to execute an amendment to the contract with Architen -a
Design Group to increase the amount of compensation from $15,000 to $30,000 annually
to provide landscape and irrigation plan check services; and
2.) Authorize the City Manager to execute an amendment to the contract with David
Evans and Associates to increase the amount of the contract from $15,000 to $30,000
annually to provide landscape and irrigation plan check services.
13) Noticing of General Plan Update, Environmental Impact Report, Housing Element
Update, Downtown Plan and Incidental Code Amendments
It is recommended that the City Council direct staff to notice those property owners within
the Downtown area, notice property owners within 300 feet of the exterior boundaries of
the Downtown area, notice all occupants within 300 feet of the exterior boundaries of the
Downtown area, and notice all business license holders of businesses within the
Downtown area for the Environmental Impact Report (EIR) and public hearings for the
General Plan update.
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Agenda material is available at www.westcovMa.org
Tuesday September 06, 2016
PUBLIC WORKS
14) Award of Bid for Annual On-Call Concrete Repairs at Various Locations
It is recommended that the City Council authorize the City Manager to execute an
agreement with Golden State Contractors, Inc. in the amount of $191,350 for annual on-
call concrete repairs at various locations in the City.
15) Professional Services Agreement with Onward Engineering for the Design of
Cameron Avenue Sewer Main Rehabilitation Project - U-16030
It is recommended that the City Council approve a professional services agreement with
Onward Engineering in the amount of $41,995 for the design of the Cameron Avenue
Sewer Main Rehabilitation Project (Account No. 16030.189.7400) and authorize the City
Manager to execute the agreement.
16) Temporary Agreement for Graffiti Removal
It is recommended that the City Council take the following actions:
1.) Find that it is in the public interest to waive the formal bidding requirements of West
Covina Municipal Code (WCMC) Section 2-333, as allowed under WCMC Section 2-
333(i); and
2.) Authorize the City Manager to execute an agreement, subject to final review and
approval by the City Attorney, with Superior Property Services, Inc. for comprehensive
graffiti abatement services, for a month-to-month agreement, at a rate of $10,000 per
month.
17) Release of Faithful Performance Guarantee for Tract No. 72133 - 4141 S. Nogales
Street
It is recommended that the City Council accept all on and off-site improvements for Tract
Map No. 72133 located at 4141 S. Nogales Street and authorize the release of Faithful
Performance and Labor and Material Bonds in the amount of $115,060.
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
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Agenda material is available at wtvw.westcovina.org
Tuesday September 06, 2016
HEARINGS
PUBLIC HEARINGS
18) Public Hearing on Issuance of Tax Exempt Bonds for the Promenade Apartments
and Resolution Approving the Issuance of Bonds
a.) Verification
b.) Open hearing
c.) Staff report
d.) Open testimony
e.) Council discussion
f.) Recommendation: It is recommended that the City Council take the following action
and adopt the following resolution:
1.) Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the
issuance of tax exempt bond financing by the California Statewide Communities
Development Authority for the benefit of The Promenade Housing Partners LP, to provide
financing for the acquisition, rehabilitation, improvement, and equipping of a I24-unit
multifamily rental housing project generally known as The Promenade Apartments; and
2.) Adopt RESOLUTION NO 2016-74 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ISSUANCE BY
THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
OF MULTIFAMILY HOUSING REVENUE BONDS FOR THE PROMENADE
APARTMENTS
Motion by
adopt
second by
disapprove
hold over
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
19) Initiation of Code Amendment No. 16-05 (Recreational Marijuana Cultivation and
Prohibition or Regulation of Commercial Recreational Marijuana Businesses)
Categorical Exemption
It is recommended that the City Council direct staff to prepare an ordinance allowing
limited indoor cultivation of recreational (non-medical) marijuana to be effective if the
Adult Use of Marijuana Act is approved by voters at the November 8, 2016 election and
adopt the following resolution:
RESOLUTION NO. 2016-75 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO.
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Agenda material is available at www.westcovina.org
Tuesday September 06, 2016
16-05 RELATED TO RECREATIONAL MARIJUANA CULTIVATION AND
WHETHER TO PROHIBIT OR REGULATE COMMERCIAL RECREATIONAL
MARIJUANA BUSINESSES
Motion by
adopt
second by
disapprove
hold over
CITY MANAGER'S OFFICE
20) Adoption of City Council Smart Goals Fiscal Year 2016-2017
It is recommended that the City Council adopt the City Council SMART Goals for Fiscal
Year 2016-2017, as outlined in this staff report.
Motion by second by
to
COMMUNITY SERVICES DEPARTMENT
21) Funding for Homeless Services in Fiscal Year 2016-2017
It is recommended that the City Council take the following actions:
1.) Approve the Homeless Services Plan which allocates $50,000 of Housing Funds to
Los Angeles Homeless Services Authority (LAHSA) and/or the Los Angeles County
Department of Health Services (DHS) for Rapid Rehousing; and
2.) Approve $50,000 of Housing Funds to local community partners providing homeless
programs and support.
Motion by
approve
second by
disapprove _
hold over
FINANCE DEPARTMENT
22) Adoption of City Treasurer Duties and Responsibilities
It is recommended that the City Council introduce and give first reading to the following
ordinance:
ORDINANCE NO. 2298 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALFORNIA, AMENDING CHAPTER 2 (ADMINISTRATION),
ARTICLE IV (OFFICERS), DIVISION 4 (CITY TREASURER) OF THE WEST
COVINA MUNICIPAL CODE
Motion by
introduce
second by
disapprove
hold over
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Agenda material is available at www.westeovina.org
Tuesday September 06, 2016
ROLL CALL: Johnson, Spence, Warshaw, Wu, Toma
SUCCESSOR 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/COUNCILMEMI3ERS REPORTS
MAYOR PRO TEM COREY WARSHAW
23) West Covina Municipal Code Regarding Appointment, Removal, Vacancies and
Terms of Commissioners
It is recommended that the City Council provide direction on this matter.
Motion by
to
second by
COUNCILMAN MIKE SPENCE
24) Inventory of City/Successor Agency Property
It is recommended that the City Council receive and file the informational report.
Motion by
to
second by
COUNCILMAN TONY WU
25) Shop Local After School Program
It is recommended that the City Council provide staff direction on this item.
Motion by second by
to
AB1234 Conference and Meeting Report (verbal, if any)
(In accordance with A13 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 September 06, 2016
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
(Per City of West Covina Standing Rules 4f- 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
26) Request from Councilman Mike Spence Requesting the City Council's Consensus to
Direct Staff to Author Letters of Opposition Regarding AB 1069 (Gordon), AB 1362
(Gordon), AB 1732 (Ting), SB 879 (Beall), AB 2586 (Gatto) and Letters of Support
Regarding AB 870 (Cooley), AB 2228 (Cooley), AB 1244 (Gray)
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
27) Request from Councilman Mike Spence Requesting the City Council's Consensus to
Instruct City Staff to Prepare a Report on the Impact of the New Soundwalls Along
Interstate 10
It is recommended that the City Council direct staff accordingly.
Motion by
to
second by
COUNCILMAN TONY WU
28) Request from Councilman Tony Wu Requesting the City Council's Consensus to
Instruct City Staff to Prepare a Report for the Development of a Sister City
Relationship with Nantou City, Taiwan
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 09/20/2016 6:00 PM
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Agenda material is available at www.westcovina.org
Tuesday September 06, 2016
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.
See. 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