11-15-2016 - RegularCITY OF WEST COVINA
CITY COUNCIL
TUESDAY NOVEMBER 15, 2016, 6:00 PM
REGULAR MEETING - CLOSED SESSION
CITY MANAGER'S CONFERENCE ROOM
1444 W. GARVEY AVENUE SOUTH
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
CLOSED SESSION
I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR
THE MEETING OF / r/lip WAS POSTED IN
ACCORDANpE WITH THE 01187 BROWN ACT AMENDMENT
DATED:
Tuesday November 15, 2016
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: 2400 S. Azusa Ave West Covina, CA 91792
Agency Negotiator: Freeland, Hall Barlow, Faulkner
Negotiating Parties: LA R ICS
Under Negotiation: Terms and Conditions of Agreement
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code 54956.8
Property: 2579 East Amar Road, West Covina, CA
Agency Negotiator: Freeland, Hall Barlow
Negotiating Parties: None
Under Negotiation: Terms and Conditions of Agreement
Property: So. Cal Edison Light Pole located at the Corner of South Shadow Oak
Drive and East Amar Rd, West Covina, CA
Agency Negotiator: Freeland, Hall Barlow
Negotiating Parties: None
Under Negotiation: Terms and Conditions of Agreement
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: APN: 8735-002-906, 8735-002-909, 8735-002-910, 8735-002-018
Agency Negotiator: Freeland, Hall Barlow, Morales
Negotiating Parties: None
Under Negotiation: Terms and Conditions of Agreement
ADJOURNMENT
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Agenda material is available at www.westeovina.org
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY NOVEMBER 15, 2016, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
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
Please turn off eel/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 wow. 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.
CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR
THE MEETING OF i /17/ t6 WAS POSTED IN
CORDANPE WITH THE 01/87 BROW ACT AMENDMENT
TED:Ptioi
OF THE CITY CLER
Tuesday November 15, 2016
PUBLIC COMMENTS
ADDRESSING THE CITY COUNCIL
(Per TVCMC 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 identift on the speaker card whether you are speaking on an agenda item or non-agenda. Requests to
speak on agenda items will he 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 November 15, 2016
AGENDA
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY NOVEMBER 15, 2016, 7:00 PM
REGULAR MEETING
INVOCATION
Rev. Dr. Mason K. Okubo
Immanuel First Lutheran Church
PLEDGE OF ALLEGIANCE
Led by Mayor James Toma
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
Recognition of West Covina Police Department Employee of the Quarter Recipients
Police Officer Steven Spagon & Community Service Officer Sophia Herrera
Recognition of Small Business Retail Survey Winners
Proclamation Proclaiming Small Business Saturday
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,
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Agenda material is available at www.westcovina.org
Tuesday November 15, 2016
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 removedfrom the Consent Calendar for separate discussion or
action.
APPROVAL OF MEETING MINUTES (receive & file)
1) June 7, 2016 Regular City Council Meeting Minutes
June 9, 2016 Second Community Budget Workshop Meeting Minutes
CLAIMS AGAINST THE CITY
2) Government Tort Claim Denials
It is recommended that the City Council deny the following Government Tort Claims and
the claimants be notified:
• Joan Gomora vs. The City of West Covina
• Joshua Rodriguez vs. The City of West Covina
ORDINANCES FOR ADOPTION
3) Amendment of West Covina Municipal Code Relating to California Building Codes
and California Fire Code
It is recommended that the City Council waive further reading and adopt the following
ordinance:
ORDINANCE NO. 2302 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 7, ARTICLES II, TV, VI
AND VII; CHAPTER 9, ARTICLE I; AND CHAPTER 10, ARTICLE II OF THE
MUNICIPAL CODE RELATING TO THE ADOPTION OF THE 2016 EDITION OF
THE CALIFORNIA BUILDING CODE, THE 2016 CALIFORNIA RESIDENTIAL
CODE, 2016 CALIFORNIA MECHANICAL CODE, 2016 CALIFORNIA PLUMBING
CODE, 2016 CALIFORNIA ELECTRICAL CODE, 2016 GREEN BUILDING
STANDARDS CODE, 2016 CALIFORNIA ENERGY CODE, AND THE 2016
CALIFORNIA FIRE CODE.
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Agenda material is available at www.westeovMa.org
Tuesday November 15, 2016
CITY MANAGER'S OFFICE
4) Cancellation of January 3, 2017 Council Meeting
It is recommended that the City Council cancel the City Council Meeting of January 3,
2017, due to the upcoming holidays.
PUBLIC WORKS
5) Extension of Mariposa Landscapes, Inc.'s Contract for Landscape Maintenance
Services at City Parks and Civic Center
It is recommended that the City Council:
1.) Approve a month-to-month extension of the current landscape maintenance contract
for City Parks and Civic Center with Mariposa Landscape, Inc. effective July 1, 2016, at
the current contract monthly rate of $28,948.01 not to exceed six months; and
2.) Authorize the City Manager to execute a contract extension with Mariposa Landscape,
Inc. for these 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, Wu, Warshaw, Toma
END OF CONSENT CALENDAR
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
6) An Ordinance Moving the Date of West Covina's Municipal Elections to Coincide
with the Statewide Primary or Statewide General Election
It is recommended that the City Council take the following actions:
1.) Repeal Ordinance No. 2212, which established City official elections in November of
odd-numbered years; and
2.) Consider the attached draft ordinances, and introduce, and give first reading to the
selected ordinance.
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Agenda material is available at www.westeovirta.org
Tuesday November 15, 2016
Motion by
approve
second by
disapprove
hold over
7) California Voting Rights Act - Proposed Ordinance of the City of West Covina,
California, to Establish By-District Election of Council Members, and Possibly a
Directly Elected Mayor
It is recommended that the City Council consider the attached draft ordinances, and if
appropriate, introduce and give first reading to the selected ordinance.
Motion by
approve
MAYOR/COUNCILMEMBERS REPORTS
AB1234 Conference and Meeting Report (verbal, if any)
(In accordance with AB 1234, Councihnembers shall make a brief report or file a written report on any
meeting/event/conference attended at Ch)) expense.)
MAYOR PRO TEM COREY WARSHAW
8) Request From Mayor Pro Tern Corey Warshaw Requesting the City Council's
Consensus to Direct Staff to Prepare a Report Regarding the Current Process for
City Councilmembers to Submit Agenda Items for City Council Meetings as well as
Potential Alternatives
It is recommended that the City Council direct staff accordingly.
Motion by
to
second by
CITY COUNCIL REORGANIZATION
Confirmation of Mayor and Mayor Pro Tern
Mayor Plaque Presentation to Mayor James Toma
Designation of Alternate to the Los Angeles County Sanitation District
CITY COUNCIL COMMENTS
ADJOURNMENT
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Agenda material is available at www.westeovina.org
second by
disapprove
hold over
Tuesday November 15, 2016
Next Tentative City Council Meeting
Regular Meeting - CC 12/06/2016 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 pelmission 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 available at www.westeovina.org