06-20-2017 - RegularCITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
TUESDAY JUNE 20, 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
Councilmember James Toma
Councilman Tony Wu
Please turn offal! 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 (Try) 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.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 317 of City Hall
located al 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 0114 ns../ WAS POSTED IN
ACCORDANCE 4TH THE 01/87 BROWN ACT AMENDMENT
Tuesday June 20, 2017
PUBLIC COMMENTS
ADDRESSING THE CITY COUNCIL
(Per 14/C1tIC 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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Tuesday June 20, 2017
AGENDA
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
TUESDAY JUNE 20, 2017, 7:00 PM
REGULAR MEETING
INVOCATION
Led by Associate Pastor Jillian Lutes from West Covina Hills Seventh Day Adventist
Church
PLEDGE OF ALLEGIANCE
Led by Mayor Pro Tern Mike Spence
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
Recognition of Policy Unity Tour Participants
Recognition of West Covina Beautiful Annual Art Contest - "Help Keep West Covina
Beautiful!" Winners
Presentation of Outstanding Older American - Beverly Bulthuis
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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Tuesday June 20, 2017
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 he 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)
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March 21, 2017 Regular Closed Session Meeting Minutes
March 21, 2017 Regular City Council Meeting Minutes
April 4, 2017 Regular Closed Session Meeting Minutes
April 4, 2017 Regular City Council/Successor Agency Meeting Minutes
CLAIMS AGAINST THE CITY
2) Rescind Government Tort Claim Denial
It is recommended that the City Council rescind the following Government Tort Claim
denial and maintain the denial of Late Claim Application:
David Flores vs. The City of West Covina
3) Reject Government Tort Claim of Late Claim Application
It is recommended that the City Council reject the following Government Tort Claim of
Late Claim Application:
Julian Gutierrez vs. The City of West Covina
4) Government Tort Claim Denial
It is recommended that the City Council deny the following Government Tort Claim and
the claimant be notified:
William Crouch vs. The City of West Covina
CITY ATTORNEY'S OFFICE
5) Approval of Sixth Amendment to the Street Sweeping Contract between the City of
West Covina and Nationwide Environmental Services
It is recommended that the City Council approve the Sixth Amendment to the Street
Sweeping Contract between City of West Covina and Nationwide Environmental Service,
subject to City Attorney approval.
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Tuesday June 20, 2017
CITY CLERK'S OFFICE
6) Destruction of Documents as Prescribed by Law
It is recommended that the City Council adopt the following resolution authorizing the
destruction of specific records:
RESOLUTION NO. 2017-62 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
CERTAIN DOCUMENTS AS PRESCRIBED BY LAW
CITY MANAGER'S OFFICE
7) Request for City Council to take a Formal Position Supporting both H.R. 2355 -
Water Infrastructure Flexibility Act as well as H.R. 2510 - The Water Quality
Protection and Job Creation Act
It is recommended that the City Council take a formal position supporting both H.R.
2355-Water Infrastructure Flexibility Act as well as H.R. 2510 - The Water Quality
Protection and Job Creation Act.
8) Award of Contract for Microsoft Enterprise Agreement with SoftwareOne
It is recommended that the City Council take the following actions:
1) Waive formal contract procedures, in accordance with Municipal Code Chapter 2,
Article VII, Division 2, Sec. 2-333 (i)(2), which states that when successful bidder for a
contract with another county, city, special district or other local agency makes the same
written bid to the city, and the purchasing officer finds that the other local agency
originally obtained the bid pursuant to formal contract procedures at least as rigorous
those of the city, that the formal contract procedures may be waived; and
2) Authorize the City Manager, subject to City Attorney approval, to execute a three year
agreement with SoftwareOne in the amount of $90,363.25 per year (a total of
$271,089.75) to provide a Microsoft Enterprise Agreement for the City of West Covina
based on the terms and conditions of the County of Riverside Enterprise Licensing
Agreement #01E73970 with Microsoft Licensing GP.
9) Cell Tower Agreement with Crown Castle to Co-Locate Verizon Wireless on their
Existing Cell Tower
It is recommended that the City Council approve the proposed lease agreement between
the City of West Covina and Crown Castle to Verizon Wireless to co-locate on an existing
cell tower at Shadow Oak Park.
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Tuesday June 20, 2017
COMMUNITY AND ECONOMIC DEVELOPMENT
10) Auto Plaza Business Improvement District
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2017-47 - A RESOLUTION OF INTENTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA TO LEVY ASSESSMENTS WITHIN
THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTIRCT AREA
FOR FISCAL YEAR 2017-18, AND PROVIDNG NOTICE OF PUBLIC HEARING
THEREON TO BE CONDUCTED JULY 18, 2017
11) Successor Agency to the West Covina Redevelopment Agency Renewal of
Professional Services Agreement with Rineon Environmental, LLC
It is recommended that the City Council, acting as the Successor Agency to the former
West Covina Redevelopment Agency, authorize the Executive Director to execute a one-
year agreement renewal to the Professional Services Agreement with Rincon
Environmental, LLC in the amount not to exceed $30,000 to provide regulatory
compliance services for the Successor Agency properties located at the BKK Landfill.
12) Long Range Property Management Plan (LRPMP) - Disposition of Agency Assets
#28 and #29 (APN: 8735-001-933, 8735-001-934) to M&A Gabaee
It is recommended that the City Council, acting as the Successor Agency, authorize the
City Manager, or his designee, to execute an Exclusive Negotiation Agreement with
M&A Gabaee for the Sale of Agency Parcels (APN: 8735-001-933 and 8735-001-934).
FINANCE DEPARTMENT
13) February 27, 2017, Special Audit Committee Meeting Minutes
It is recommended that the City Council receive and file the Minutes of the Special Audit
Committee meeting on February 27, 2017.
FIRE DEPARTMENT
14) Amendment to Services Agreement between Regents of the University of CA and the
City of West Covina
It is recommended that the City Council authorize the City Manager, or his designee, to
sign the amendment to the services agreement with the Regents of the University of
California, to extend the current contract through June 30, 2018.
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Tuesday June 20, 2017
POLICE DEPARTMENT
15) Award of Bid - False Alarm Billing Service
It is recommended that the City Council authorize the City Manager to execute a three-
year contract (with optional renewals for two additional years) for false alarm billing
services with PM AM Corporation, subject to City Attorney approval.
PUBLIC WORKS
16) Adoption of Guidelines and Standards for Drought Tolerant Landscaping and
Water-Wise Irrigation in the Public Right-of-Way, City Parks and Facilities Policy
It is recommended that the City Council adopt the Guidelines and Standards for Drought
Tolerant Landscaping and Water-Wise Irrigation in the Public Right-of-Way, City Parks
and Facilities Policy.
17) Release of Faithful Performance Guarantee for Administrative Use Permit (AUP)
14-12 (1223 S. Sandy Hill Drive)
It is recommended that the City Council accept all on-site and off-site improvements for
Administrative Use Permit No. 14-12 located at 1223 S. Sandy Hill Drive and authorize
release of Performance Security Assignment of Deposit in the amount of $23,910.
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
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Tuesday June 20, 2017
HEARINGS
PUBLIC HEARINGS
18) Appeal of Tentative Parcel Map No. 72097, Variance No. 13-05, Subcommittee for
Design Review No. 17-09, and Mitigated Negative Declaration of Environmental
Impact to Subdivide an Existing I.02-Acre Residentially Zoned Parcel into Two Lots
a) Verification
b) Open hearing
c) Staff report
d) Open testimony
e) Council discussion
I) Recommendation: It is recommended that the City Council adopt the following
resolutions:
RESOLUTION NO. 2017-42 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE
PLANNING COMMISSION AND CERTIFYING THE MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR TENTATIVE PARCEL MAP
NO. 72097, VARIANCE NO. 13-05, AND SUBCOMMITTEE FOR DESIGN REVIEW
NO. 17-09 ON APPEAL OF PLANNING COMMISSION ACTION PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED
RESOLUTION NO. 2017-43 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE
PLANNING COMMISSION AND APPROVING TENTATIVE PARCEL MAP NO.
72097 ON APPEAL OF PLANNING COMMISSION ACTION
RESOLUTION NO. 2017-44 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE
PLANNING COMMISSION AND APPROVING VARIANCE NO. 13-05 ON APPEAL
OF PLANNING COMMISSION ACTION
second by
disapprove
hold over
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
19) Prohibition of Smoking in Public Parks and Public Facilities
It is recommended that the City Council provide staff with direction on this matter.
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Agenda material is available at movovestcovina.org
Motion by
adopt
Tuesday June 20, 2017
Motion by
to
second by
PUBLIC WORKS
20) West Covina Landscape Maintenance District No. 1
Setting of Fiscal Year 2017-18 Assessment Rate
It is recommended that the City Council adopt the following resolution, which provides
for the assessment rates to be maintained at their current rate of 11.88 cents per 100
dollars of assessed valuation:
RESOLUTION NO. 2017-63 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA. CALIFORNIA, SETT1NG THE ASSESSMENT FOR WEST
COVINA LANDSCAPE MAINTENANCE DISTRICT NO. I AND FIXING THE TAX
RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR
BEGINNING JULY 1,2017
Motion by
adopt
second by
disapprove
hold over
21) West Covina Landscape Maintenance District No. 2
Setting of Fiscal Year 2017-18 Assessment Rate
It is recommended that the City Council adopt the following resolution, which provides
for the assessment rate to be increased from the current rate of 6.43 cents per $100 to 6.60
cents per $100 of assessed valuation:
RESOLUTION NO. 2017-64 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, SETTING THE ASSESSMENT FOR WEST
COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND FIXING THE TAX
RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR
BEGINNING JULY 1, 2017
Motion by
adopt
second by
disapprove
hold over
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Agenda material is available at woov.westeovina.org
Tuesday June 20, 2017
MAYOR/COUNCILMEMBERS REPORTS
MAYOR COREY WARSHAW
22) Request by Mayor Warshaw and Mayor Pro Tern Spence for City Council to
Consider the Elimination of the Community and Senior Services Commission as well
as the Human Resources Commission.
It is recommended that that the City Council consider this report and provide direction to
staff.
Motion by second by
to
MAYOR PRO TEM MIKE SPENCE
23) Request from Mayor Pro Tern Spence for City Council to take a Formal Position
Opposing SB 620 (Bradford) - Firearms: Crimes: Enhancements
It is recommended that the City Council take a formal position opposing SB 620
(Bradford), as well as, direct staff to send a letter to the author and our local legislators.
Motion by
to
second by
AB1234 Conference and Meeting Report (verbal, if any)
(In accordance with Al? 1234. Councilmembers shall make a brief report or file a written report on any
meeting/event/conference attended at City expense.)
ADJOURNMENT
CITY COUNCIL COMMENTS
Next Tentative City Council Meeting
Special Meeting 06/22/2017
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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Tuesday June 20, 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 shall preserve order and decorum, and a member shall neither,
by conversation or otherwise, delay or disrupt the proceedings or the peace of the council nor interrupt any
member while speaking or refuse to obey the orders of the council or its presiding officer, except as
otherwise herein provided.
(b) Members of the public shall not willfully disrupt the meeting or act in a manner that actually impairs the
orderly conduct of the meeting. For the purposes of this code, "willfully disrupt" includes, but is not limited
to, continuing to do any of the following after being warned by the Mayor that continuing to do so will be a
violation of the law:
a. Addressing the Mayor and City Council without first being recognized.
b. Persisting in addressing a subject or subjects, other than that before the Mayor and City Council.
c. Repetitiously addressing the same subject.
d. Failing to relinquish the podium when directed to do so.
e. From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a council
member, or a staff member or shouting or attempting to shout over a speaker, the Mayor, a
council member or a staff member.
f. As a speaker, interrupting or attempting to interrupt the Mayor, a council member, or a staff
member, or shouting over or attempting to shout over the Mayor, a council member, or a staff
member. Nothing in this section or any rules of the council shall be construed to prohibit public
criticism of the policies, procedures, programs, or services of the City or of the acts or omissions
of the City Council. It shall be unlawful to violate the provisions of this Section.
If any subsection, sentence, clause, or phrase or word of this Section 2-50 is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The City
Council hereby declares that it would have passed this section and each subsection, sentence, clause and phrase
thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases or words had been
declared invalid or unconstitutional.
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 follow* are arcerins front the Penal Code
I48(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
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Tuesday June 20, 2017
Code or Section 18340 of the Elections Code, is guilty of a misdemeanor.
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Agenda material is available at www.tvestcovina.org
1 CEFMFY THAT A
THE MEETING OF
ACCORDANCE
131M4 /J-Iy4
COPY OF THE COUNCIL AGENDA FOR
/20/I 7 WAS POSTED IN
THE 01/87 BROWN ACT AMENDMENT
A133+-c,
CLERK
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
TUESDAY JUNE 20, 2017, 6:00 PM
REGULAR MEETING - 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
Tuesday June 20, 2017
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: 825 South Sunset Avenue
Agency Negotiator: Freeland, Hall Barlow
Negotiating Parties: West Covina Ford
Under Negotiation: Terms and Conditions of Agreement
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: APN: 8724-013-900 & 8724-013-901
Agency Negotiator: Freeland, Hall Barlow
Negotiating Parties: Brandywine Homes
Under Negotiation: Terms and Conditions of Agreement
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: APN: 8479-022-013
Agency Negotiator: Freeland, Hall Barlow
Negotiating Parties: City of West Covina
Under Negotiation: Terms and Conditions of Agreement
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code S 54956.9(d)(1)
Matt Jackson, et al. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF-
MRW)
Freeman, et al. vs. City of West Covina (U.S. District .Court Case No. 2:17-cv-03738)
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code 54956.9(d)(2)
Number of Cases: One (1)
CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION
Pursuant to Government Code § 54956.9(d)(4)
Number of Cases: One (1)
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Agenda material is available at www.westcovina.org
Tuesday June 20, 2017
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code 54957.6
City Negotiators: Freeland, Hall Barlow
Employee Organizations
- Confidential Employees
- Maintenance & Crafts Employees
W.C. Police Officers' Association
- W.C. Firefighters' Management Assoc.
- W.C. Firefighters' Association, I.A.F.F., Local 3226
Unrepresented Employee Group
- Department Heads
ADJO URNME NT
- General Employees
- Mid-Management Employees
- W.C. Police Management Association
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