05-16-2017 - RegularCITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
TUESDAY MAY 16, 2017, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Corey Warshaw
Mayor Pro Tern Mike Spence
Councilman Lloyd Johnson
Couneilmember James Toma
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 Pak /WAS POSTED IN
ACCORDAN4 E TFI THE 01/87 BROWN ACT AMENDMENT ....
OFFICE OF THE CITY CLERK
Tuesday May 16, 2017
PUBLIC COMMENTS
ADDRESSING THE CITY COUNCIL
(Per WCAIC 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.westcovina.org
Tuesday May 16, 2017
AGENDA
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
TUESDAY MAY 16, 2017, 7:00 PM
REGULAR MEETING
INVOCATION
Led by Community Relations Pastor at Faith Community Church & West Covina Police
Chaplain Kelly Dupee
PLEDGE OF ALLEGIANCE
Led by Mayor Corey Warshaw
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
Recognition of West Covina High School Students: Academic Decathlon Team, Dance
Drill Team, Hip Hop Team, Robotics Team, and ASB - Student Leadership
Recognition of South Hills High School for being awarded the California Gold Ribbon
Award
Recognition of Rowland Avenue Elementary, Traweek Middle School, Groyeeenter
Elementary and South Hills High School for being awarded the 2016 California Honor
Roll Award
Presentation by Los Angeles County on the Los Angeles Community Choice Energy Joint
Powers Association
Agenda material is available at www.westcovina.org
Tuesday May 16, 2017
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Please step forward to the podium and slate 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.
CLAIMS AGAINST THE CITY
I) Government Tort Claim Denials
It is recommended that the City Council deny the following Government Tort Claims and
the claimants be notified:
Sarah Perez vs. The City of West Covina
Zamara Soto vs. The City of West Covina
CITY ATTORNEY'S OFFICE
2) Brown Act Violation Claim from Steven Herfert
It is recommended that the City Council take the following actions:
1) Consider claim of Steven Herfert that a Brown Act Violation occurred in connection
with the South Hills Plaza Public Hearing and a related closed session on March 21, 2017;
and
2) Determine that any claimed violation as to the March 21, 2017 closed session has been
cured by reagendizing the matter for closed session on May 16, 2017; and
3) Determine that no action is required to be taken in response to Steven Herfert's claims
with respect to the March 21, 2017 public hearing; and
4) Direct staff to notify Steven Herfert of City Council's determinations.
FINANCE DEPARTMENT
3) Fiscal Year 2017-18 Investment Policy
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2017-36 — A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ADOPTING THE
UPDATED STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2017-18
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Agenda material is available at www.westcovina.org
Tuesday May 16, 2017
4) Award of Contract for Collection Agency Services
It is recommended that the City Council authorize the City Manager to execute a three-
year agreement with two one-year renewal options with C B Merchant Services, to
provide collection services for unpaid and delinquent accounts for the City.
5) Award of Contract for Bond and Disclosure Counsel Services
It is recommended that the City Council authorize the City Manager to enter into a three-
year agreements with two one-year renewal options with Norton Rose Fulbright US LLP;
Stradling Yocca Carlson & Rauth; and Jones Hall; subject to City Attorney approval, to
provide as needed bond and disclosure counsel services.
6) Third Quarter Financial Report for Fiscal Year 2016-17
It is recommended that the City Council:
1) Receive and file the Third Quarter Financial Report for Fiscal Year 2016-17; and
2) Adopt the following resolution:
RESOLUTION NO. 2017-46 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2016, AND ENDING JUNE 30,
2017 (Third Quarter Financial Report)
7) Proposition A Exchange - City of Hawaiian Gardens
It is recommended that the City Council approve the Proposition A Local Return Fund
Exchange with the City of Hawaiian Gardens and authorize the City Manager to execute
the Assignment Agreement.
8) Proposition A Exchange - Foothill Transit
It is recommended that the City Council approve the Proposition A Local Return Fund
Exchange with Foothill Transit and authorize the City Manager to execute the Assignment
Agreement.
FIRE DEPARTMENT
9) Authorization for Fireworks Shows
Pursuant to the West Covina Municipal Code (WCMC), Section 10-27, it is recommended
that the City Council grant the following fireworks shows:
1) Edgewood High School Graduation Ceremony on June 5, 2017; and
2) West Covina High School Graduation Ceremony on June 6, 2017; and
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Agenda material is available at www.westeovina.org
Tuesday May 16, 2017
3) City of West Covina Independence Day Celebration on July 4, 2017.
POLICE DEPARTMENT
10) Asset Forfeiture and AB2766 A.Q.M.D. Funds for Police Weapons, Equipment,
Projects, and Electric Motorcycles
It is recommended that the City Council take the following actions:
1) In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (b),
which states that the City Council can dispense with the bidding process when it will
prove impractical or counter to the public interest, authorize the purchase and trade in of
firearms from ProForce Law Enforcement for a total of $104,060.65, from account
117.31.3110.6220; and
2) In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (b),
which states that the City Council can dispense with the bidding process when it will
prove impractical or uneconomical, waive the bid process and authorize the purchase of
five (5) public safety dispatch consoles from Motorola, totaling $447,136, from account
117.31.3116.7130; and
3) In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (b),
which states that bidding may be dispensed with when the commodity can be obtained
from only one (1) vendor, authorize the purchase of two "Zero" electric motorcycles for
the Police "bike" team from Hollywood Electrics, for a total of $36,745.30, from account
119.80.7008.7170; and
4) Establish Project #17046 for remodeling the old Chamber of Commerce building and
establish Project #17053 for the purchase of electric motorcycles for the Police "bike"
team; and
5) Adopt the following resolution:
RESOLUTION NO. 2017-40 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2016, AND ENDING JUNE 30,
2017 (Police Weapons, Equipment, Projects & Electric Motorcycles)
PUBLIC WORKS
11) Release of Faithful Performance Guarantee for Precise Plan No. 13-04 (301 S.
Glendora Avenue)
It is recommended that the City Council accept all on-site and off-site improvements for
Precise Plan No. 13-04 located at 301 S. Glendora Avenue and authorize release of
Faithful Performance and Labor and Material Bonds in the amounts of $1,825,835 and
$1,363,335, respectively.
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Agenda material is available at www.westcovina.org
Tuesday May 16, 2017
12) Rejection of Bids for Construction of Restroom Building at Lower Plateau at
Shadow Oak Park, Project No. PP-16023
It is recommended that the City Council take the following actions:
1) Reject all bids for the construction of the restroom building at the lower plateau at
Shadow Oak Park; and
2) Place the project on hold until alternative funding sources are identified; and
3) Defund Project No. PP-16023, so other park projects at Shadow Oak Park can be
completed.
13) Award of Bid for Structured Cabling System - Project No. 17034
It is recommended that the City Council accept the bid from X-Act Technology Solutions,
Inc., of Encino, California in the amount of $349,000 as submitted at the bid opening on
April 11, 2017, and authorize the City Manager to execute a contract with X-Act
Technology Solutions, Inc. for the work to be done.
14) Application for California Climate Investments Urban Greening Program Grant
Funding
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2017-39 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING THE APPLICATION FOR
GRANT FUNDS FOR CALIFORNIA CLIMATE INVESTMENTS URBAN
GREENING PROGRAM
15) Purchase Orders for Roofing and Flooring Improvements at Fire Station 3
It is recommended that the City Council take the following actions:
1) Authorize staff to issue a purchase order to United Riggers and Erectors in the amount
of $34,704 for roof repairs at Fire Station 3; and
2) Authorize staff to issue a purchase order to Straight Arrow Flooring and
Remodeling, Inc. in the amount of $4,000 to replace carpet at Fire Station 3; and
3) Adopt the following resolution:
RESOLUTION NO. 2017-35 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2016, AND ENDING JUNE 30,
2017 (Roofing and Flooring Improvement at Fire Station 3)
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Agenda material is available at WWW.westeovina.org
Tuesday May 16, 2017
16) Citywide Lighting and Maintenance District Ballot
It is recommended that the City Council/Successor Agency Board take the following
actions:
1) That the West Covina City Council cast all 41,518 votes from the City of West Covina
in support of the Citywide Lighting and Maintenance District Assessment increases; and
2) That the West Covina City Council, acting in its capacity as the Successor Agency to
the West Covina Redevelopment Agency, cast all 3,464 votes from the Successor Agency
to the West Covina Redevelopment Agency in support of the Citywide Lighting and
Maintenance District Assessment increases,
ACTION ON CONSENT CALENDAR
Motion by second by
to approve all items listed on the Consent Calendar as presented
except:
ROLL CALL: Johnson, Spence, Toma, Wu, Warshaw
END OF CONSENT CALENDAR
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
17) Ordinance No. 2318 Amending Sections 2-50 and 2-51 Regarding Rules of Decorum
It is recommended that the City Council introduce, waive further, and give first reading to
the following ordinance:
ORDINANCE NO. 2318 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING WEST COVINA MUNICIPAL
CODE SECTIONS 2-50 ("DECORUM-REQUIRED") AND 2-51 ("SAME-
ENFORCEMENT OF DECORUM") OF CHAPTER 2 ("ADMINISTRATION"),
ARTICLE II ("CITY COUNCIL"), DIVISION 2 ("MEETINGS AND RULES OF
PROCEDURE")
Motion by second by
introduce disapprove hold over
ROLL CALL: Johnson, Spence, Toma, Wu, Warshaw
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Agenda material is available at www.westcovina.org
Tuesday May 16, 2017
FINANCE DEPARTMENT
18) Appointment of Audit Committee Members
It is recommended that the City Council appoint one Councilmember and one community
member to the City's Audit Committee to serve a two year term.
Motion by second by
to
MAYOR/COUNCILMEMBERS REPORTS
MAYOR COREY WARSHAW
19) Request from Mayor Warshaw for City Council to Take a Formal Position Opposing
AB 1250 (Jones-Sawyer) - Counties and Cities: Contracts for Personal Services
It is recommended that the City Council take a formal position opposing Assembly Bill
(AB) 1250 (Jones-Sawyer), as well as, direct staff to send a letter to the author, the Chair
of Assembly Appropriations Committee, and our local legislators.
Motion by second by
to
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/event/conference attended at City expense.)
CITY COUNCIL COMMENTS
ADJOURNMENT
Next Tentative City Council Meeting
Special Meeting 05/17/2017 6:30 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
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Agenda material is available at www.westcovina.org
Tuesday May 16, 2017
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
(S1,000), 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
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
TUESDAY MAY 16, 2017, 6:00 PM
REGULAR1VIEETING - CLOSED SESSION
CITY MANAGER'S CONFERENCE ROOM
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Corey Warshaw
Mayor Pro Tern Mike Spence
Councilman Lloyd Johnson
Councilmember James Toma
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 71-IAT A COPY OF THE COUNCIL AGENDA FOR
THE MEETING OF 5-Itt4i iWAS POSTED IN
ACCORDANCE WITFI THE 01/87 BROWN ACT AMENDMENT
Tuesday May 16, 2017
CLOSED SESSION
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: Price and Terms of Payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: APN: 8468-016-901
Agency Negotiator: Freeland, Hall Barlow
Negotiating Parties: MLC Holdings
Under Negotiation: Price and Terms
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(d)(2)
Number of Cases: Two (2)
LIABILITY CLAIMS
Pursuant to Government Code § 54956.9(d)(2)
Claimant: Joe Torres
Date of Claim: March 21, 2017
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Freeland, Bokosky, Hall 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 tvivw.westcovina.org