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08-15-2017 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY AUGUST 15, 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). Ti 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 (11'Y) 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 (1S7 P7 WAS POSTED IN ACCOROAN VlTH THE 01/87 BROWN ACT AMENDMENT OFFICE OF THE CIT Tuesday August 15, 2017 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: 1340 East Puente Avenue; 1433 West Puente Avenue; 1305 East Cameron Avenue Agency Negotiator: Freeland, Bresciani, Hall Barlow Negotiating Parties: City of West Covina Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Freeman, et al. vs. City of West Covina (U.S. District Court Case No. 2:17-cv-03738) Jackson, et al. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF-MRW) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(2) Number of Cases: One (1) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Freeland, Macias, 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, 1.A.F.F., Local 3226 Unrepresented Employee Group - Department Heads ADJOURNMENT 2 Agenda material is available at $vivw.lvestcovina.org I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR ME MEETING OF 46717 WAS POSTED IN ACCORDANpE V1TH THE 01/87 BROWN ACT AMENDMENT gA5p: /7 OFFI E OF CLIRk CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY AUGUST 15, 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 off 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. Tuesday August 15, 2017 PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL (Per WCA1C 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. 2 Agenda material is available at www.westcovina.org Tuesday August 15, 2017 AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY AUGUST 15, 2017, 7:00 PM REGULAR MEETING INVOCATION Led by Reverend Leslie Jernal from Citrus Valley Hospice PLEDGE OF ALLEGIANCE Led by Councilmember Toma ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Recognition of LT Global Investments for their Donation to the Shop Local After School Program Recognition of Community & Recreation Services Volunteers of the Year - Brad Maiming, Isabella Johnston & Robert Scothorn 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. 3 Agenda material is available at www.tvestcovina.org Tuesday August 15, 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 be no separate discussion of these items unless members of the City Council/Communny Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) -April 24, 2017 Special Community Town Hall Meeting Minutes -May 2, 2017 Regular City Council Closed Session Meeting Minutes -May 2, 2017 Regular City Council/Successor Agency Meeting Minutes -May 8, 2017 Special Community Budget Workshop Meeting Minutes -May 16, 2017 Regular City Council/Successor Agency Closed Session Meeting Minutes -May 16, 2017 Regular City Council/Successor Agency Meeting Minutes COMMISSION SUMMARY OF ACTIONS (receive & file) 2) May 9, 2017 Community & Senior Services Commission Meeting Summary of Actions CLAIMS AGAINST THE CITY 3) Government Tort Claim Denials It is recommended that the City Council deny the following Government Tort Claims and the claimants be notified: Stephen Sweeney vs. The City of West Covina Joanna Diaz vs. The City of West Covina Sungei Hoang vs. The City of West Covina It is recommended that the City Council reject, return and deny the following Government Tort Claim and the claimants through their attorney be notified: West Covina Firefighter's Association, IAFF Local 3226, et al. vs. The City of West Covina INVESTMENT REPORT (receive & file) 4) City Investment Report for the Month Ended June 30, 2017 It is recommended that the City Council receive and tile the Investment Report for the month ended June 30, 2017. 4 Agenda material is available at lvww.westcovina.org Tuesday August 15, 2017 5) Successor Agency Investment Report for the Month Ended June 30, 2017 It is recommended that the Chair and Board Members of the Successor Agency to the former West Covina Redevelopment Agency, receive and file the Investment Report for the month ended June 30, 2017. CITY MANAGER'S OFFICE 6) 2017 League of California Cities Annual Conference Meeting Resolutions It is recommended that the City Council adopt an official position of support for both Resolution No. 1 and No. 2 that will be voted on at the 2017 League of California Cities Annual Conference Meeting on Friday, September 15, 2017. 7) Assurances and Understandings Regarding Receipt and Use of Measure M Local Return Funds It is recommended that the City Council authorize the City Manager to execute the Assurances and Understandings Regarding Receipt and Use of Measure M Local Return Funds. FIRE DEPARTMENT 8) Amendment to Services Agreement with Wittman Enterprises, LLC, for Ambulance Billing Services and Authorization for Business Associate Agreement with Digital EMS Solutions, Inc. It is recommended that the City Council take the following actions: 1) Authorize the City Manager, or his designee, to sign the amendment to the Professional Services Agreement with Wittman Enterprises, LLC, for ambulance billing services; and 2) Authorize the City Manager, or his designee, to sign the Business Associate Agreement between Digital EMS Solutions, Inc., and the City of West Covina. HUMAN RESOURCES 9) Resolution Appointing the City of West Covina's Primary Representative and Alternate to the Big Independent Cities Excess Pool Governing Board It is recommended that the City Council approve the following resolution: RESOLUTION NO. 2017-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING A PRIMARY REPRESENTATIVE AND ALTERNATE TO THE BIG INDEPENDENT CITIES EXCESS POOL (BICEP) GOVERNING BOARD 5 Agenda material is available at www.westeovina.org Tuesday August 15, 2017 10) Approval of Fleet Services Coordinator Job Classification It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING NEW JOB CLASSIFICATION FLEET SERVICES COORDINATOR POLICE DEPARTMENT 11) Award of Bid - Police Department Assembly Room Audio/Video Project It is recommended that the City Council authorize the City Manager to execute the City's Standard Public Works Contract with Western Audio Visual to install and upgrade the audio and video system in the Police Department's Assembly Room, in the amount of $42,819. 12) 2017 Justice Assistance Grant from U.S. Department of Justice It is recommended that the City Council take the following actions: 1) Approve the 2017 Justice Assistance Grant application, totaling $18,377, and authorize the City Manager to execute all grant related documents; and 2) Adopt the following resolution authorizing the necessary budget amendments: RESOLUTION NO. 2017-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30, 2018 (2017 BJA JAG GRANT) PUBLIC WORKS 13) Award of Contract for Fire Station No. 4 Emergency Generator Replacement It is recommended that the City Council accept the bid from Professional Electrical Services of Montrose, California, in the amount of $38,000, and authorize the City Manager to execute a contract with Professional Electrical Services for the work to be completed. 14) First Amendment to Memorandum of Understanding with the County of Los Angeles Regarding Implementation of the Coordinated Integrated Monitoring Program for the Upper San Gabriel River Watershed It is recommended that the City Council authorize the City Manager to execute the First Amendment to the Memorandum of Understanding with the County of Los Angeles regarding the administration and cost sharing for implementation of the Coordinated 6 Agenda material is available at www.westa»,ina.org Tuesday August 15, 2017 Integrated Monitoring Program for the Upper San Gabriel River Watershed. 15) Lot Line Adjustment No. 194 1033 S. Dancove Drive It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 194 LOCATED AT 1033 S. DANCOVE DRIVE AND DIRECTING THE RECORDATION THEREOF 16) Summary Vacation of a Portion of S. Sunset Avenue Adjacent to 1360 W. Garvey Avenue South It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUMMARILY VACATING AND ABANDONING A PORTION OF THE RIGHT-OF-WAY ON S. SUNSET AVENUE SOUTH OF THE 1-10 FREEWAY AND ADJACENT TO 1360 W. GARVEY AVENUE SOUTH THAT IS NO LONGER REQUIRED FOR PUBLIC USE WITHIN THE CITY OF WEST COVINA AND AS MORE PARTICULARLY DESCRIBED IN THIS RESOLUTION 17) Approval of Marketing Agreement with XG Communities, LLC, dba 5 Bars Communities for Wireless Telecommunications Facilities Consulting Services in the Public Right-of-Way and City-Owned Buildings and Facilities 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 as 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 Marketing Agreement with XG COMMUNITIES, LLC (doing business as .5 BARS) for an initial term of five years (with four renewals of five-years each term for a potential of 25 years) to provide wireless telecommunications facilities consulting services in the public right- of-way and City-owned buildings and facilities; and 3) Direct staff to begin working with 5 BARS to implement the Marketing Agreement and identify appropriate City Assets to include in a License Agreement as soon as practical. 7 Agenda material is available at ;oviv.fvestcovina.org Tuesday August 15, 2017 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 HEARINGS PUBLIC HEARINGS 18) Public Hearing Regarding the Creation of District Boundaries for District Based City Council Elections a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion t) Recommendation: It is recommended that the City Council hold a public hearing to receive input from the community regarding the creation of City Council District boundaries for District based City Council elections. Motion by second by to 19) Code Amendment No. 16-07 Off-Sale Alcohol Uses General Exemption a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is the Planning Commission and staffs recommendation that the City Council take the following actions: 1) Find that the adoption of the proposed code amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that it consists of a code amendment, which does not have the 8 Agenda material is available at www.westeovina.org Tuesday August 15, 2017 potential for causing a significant effect on the environment; and 2) Introduce, read by title only, waive further reading and give first reading to the following ordinance: ORDINANCE NO. 2320 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 16-07, RELATED TO OFF-SALE ALCOHOL USES Motion by second by introduce disapprove hold over ROLL CALL: Johnson, Spence, Toma, Wu, Warshaw DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 20) A Regular and an Urgency Ordinance of the City of West Covina, California, Repealing and Replacing Provisions of Section 15-19 (Sex Offender Residency Restrictions) of Article I (General) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety), Relating to Certain Sex Offenders It is recommended that the City Council take the following actions: 1) Adopt the following Urgency Ordinance: ORDINANCE NO. 2321 - AN URGENCY ORDINANCE OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING SECTION 15-19 (SEX OFFENDER RESIDENCY RESTRICTIONS) OF ARTICLE I (GENERAL) OF CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND SAFETY), RELATING TO CERTAIN SEX OFFENDERS; and 2) Introduce, give first reading, and waive further reading of the following proposed ordinance enacting Article I of Chapter 15 of the West Covina Municipal Code: ORDINANCE NO. 2322 - AN ORDINANCE OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING SECTION 15-19 (SEX OFFENDER RESIDENCY RESTRICTIONS) OF ARTICLE I (GENERAL) OF CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND SAFETY), RELATING TO CERTAIN SEX OFFENDERS Motion by introduce second by disapprove hold over ROLL CALL: Johnson, Spence, Toma, Wu, Warshaw 9 Agenda material is available at www.westcovina.org Tuesday August 15, 2017 PLANNING DEPARTMENT 21) Code Amendment No. 16-04 Marijuana Regulations (Cultivation) General Exemption It is recommended that the City Council provide direction to staff in processing a Code Amendment for the commercial cultivation of marijuana in a manufacturing zone to allow the Planning Commission to consider changes to the Licenses and Business Regulations (Chapter 14) section of the Municipal Code as well as changes to Zoning (Chapter 26). Motion by second by to MAYOR/COUNCILMEMBERS REPORTS MAYOR PRO TEM MIKE SPENCE 22) City of West Covina Organizational Memberships It is recommended that the City Council discuss the various organization memberships described in the staff report. Motion by to second by 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 Ch)' expense.) 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/Com:unity Development Commission.) CITY COUNCIL REQUESTS 23) Request by Mayor Warshaw for City Council to Consider Becoming a Partner with the National League of Cities Service Line Warranty Program It is recommended that the City Council consider the report and provide direction to staff to return to Council with additional information about the process for becoming a partner if desired. 10 Agenda material is available at WIVW.westcovina.org Tuesday August 15, 2017 Motion by to second by 24) Request from Mayor Pro Tern Mike Spence Requesting the City Council's Consensus to Dedicate All Successor Agency Property Sale Proceeds Along the Former BKK Landfill to Pay Off City Bonds on the Property It is recommended that the City Council direct staff accordingly. Motion by second by to 25) Request from Mayor Pro Tern Mike Spence Requesting the City Council's Consensus to Dedicate Sunset Field Lease Proceeds for Shadow Oak Park Improvements It is recommended that the City Council direct staff accordingly. Motion by second by to 26) Request from Mayor Pro Tern Mike Spence Requesting the City Council's Consensus to Examine what Measures Other Cities are Taking to Balance Legal Protections for the Homeless Population and Ensuring the Protection of Access for all to Public Facilities It is recommended that the City Council direct staff accordingly. Motion by second by to 27) Request from Councilman Tony Wu Requesting the City Council's Consideration to Analyze the Adoption of Regulations/Fees on Short-Term Residential Rentals It is recommended that the City Council direct staff accordingly. Motion by second by to 28) Request from Councilman Tony Wu Requesting the City Council's Consideration to Prohibit Parking on City Streets on Street Sweeping Days It is recommended that the City Council direct staff accordingly. Motion by second by to 11 Agenda material is available at www.tvestcovina.org Tuesday August 15, 2017 29) Request from Councilman Tony Wu Requesting the City Council's Consideration to Transfer the Community Enhancement Division from the Police Department to the Public Works Department It is recommended that the City Council direct staff accordingly. Motion by second by to 30) Request from Mayor Pro Tern Mike Spence Requesting the City Council's Consideration to take a Position on Assembly Bill 20 (Public Employee Retirement Systems: Divestment: Dakota Access Pipeline) 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 09/05/2017 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 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, 12 Agenda material is available at lovw.westcovina.org Tuesday August 15, 2017 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 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. 13 Agenda material is available at www.westcovina.org