09-19-2017 - RegularCITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
TUESDAY SEPTEMBER 19, 2017, 6:00 PM
REGULAR MEETING - CLOSED SESSION
CITY MANAGERS 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
CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR
THE MEETING OF / /1/ /WAS POSTED IN
ACCORDANCE AgH THE 01/87 BROWN ACT AMENDMENT
Tuesday September 19, 2017
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: APN: 8724-013-900 & 8724-013-901
. 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)
Ioannidis vs. City of West Covina (L.A. Superior Court Case No. BC634990)
Jackson, et al. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF-MR.W)
Villasenor vs. City of West Covina (L.A. Superior Court Case No. BS165795)
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, 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 19, 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 (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 ME COUNCIL AGENDA FOR
THE MEETING OF cf it ?WAS POSTED IN
ACCORDANCE WITH ME 01/87 BROWN ACT AMENDMENT
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IT CLERK
Tuesday September 19, 2017
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 www.westcovina.org
Tuesday September 19, 2017
AGENDA
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY SEPTEMBER 19, 2017, 7:00 PM
REGULAR MEETING
INVOCATION
Led by Reverend Dr. Mason Okubo from Immanuel First Lutheran Church
PLEDGE OF ALLEGIANCE
Led by Mayor Corey Warshaw
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
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.
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.
ORDINANCES FOR ADOPTION
1) Ordinance Requiring Expedited Permitting Procedures for Electric Vehicle
Charging Stations Pursuant to Assembly Bill 1236
It is recommended that the City Council adopt the following ordinance:
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Agenda material is available at www.westeovina.org
Tuesday September 19, 2017
ORDINANCE NO. 2323 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL
CODE BY ADDING ARTICLE XVIII TO CHAPTER 7 TITLED "PERMIT PROCESS
FOR ELECTRIC VEHICLE CHARGING STATIONS"
2) Ordinance Transferring Authority to the Fire Chief for Fireworks Permits at
Public/Private School Sites
It is recommended that the City Council adopt the following ordinance:
ORDINANCE NO. 2324 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 10, ARTICLE II,
SECTION 5608.2 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE
PUBLIC DISPLAY, OF FIREWORKS
CITY ATTORNEY'S OFFICE
3) Recommended Responses to the Annual Los Angeles County Civil Grand Jury
Report 2016-2017
It is recommended that the City Council authorize the City Manager to respond to the
Presiding Judge of the Superior Court concerning recommendations made by the 2016-
2017 Los Angeles County Civil Grand Jury regarding towing and impound practices.
CITY MANAGERS OFFICE
4) Partnership with the National League of Cities Services Line Warranty Program
It is recommended that the City Council authorize the City Manager, or his designee, to
enter into a Non-Royalty Marketing agreement with Utility Service Partners, Inc. (USP)
for an initial term of three years, subject to City Attorney review with an additional (1)
year renewal.
5) Police Chief Salary Range Increase & Retiree Medical Benefit Retention
It is recommended that the City Council adopt the following resolution to increase the
salary range of the Police Chief and to amend the Department Heads Summary of Benefits
to allow the suspension of retiree medical benefit for those Department Heads who come
out of retirement to serve the city:
RESOLUTION NO. 2017-77 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADJUSTING THE SALARY RANGE OF
THE POLICE CHIEF AND AMENDING DEPARTMENT HEAD BENEFITS
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Agenda material is available at wwwovestcovina.org
Tuesday September 19, 2017
FINANCE DEPARTMENT
6) Update on State Controller's Review Report of Administrative and Internal
Accounting Controls and the Audit Report of the Special Gas Tax Street
Improvement Fund, Traffic Congestion Relief Fund, and Proposition 1B Fund
It is recommended that the City Council receive and file the update on the State
Controller's Review Report of Administrative and Internal Accounting Controls and the
Audit Report of the Special Gas Tax Street Improvement Fund, Traffic Congestion Relief
Fund, and Proposition 1B Fund.
7) Accela Maintenance Agreement
It is recommended that the City Council authorize the City Manager, or his designee, to
execute a two-year maintenance agreement with a third-year renewal option, subject to
City Attorney approval, with Accela for the Permits Plus computer software application in
an amount not to exceed $64,002.05.
PUBLIC WORKS
8) Acceptance of Public Improvements for Cameron Avenue Sewer Main
Rehabilitation Project (Project No. U-16030)
It is recommended that the City Council take the following actions:
1) Accept the Cameron Avenue sewer main improvements for Project No. U-16030; and
2) Authorize recordation of Notice of Completion with the Los Angeles County Recorder;
and
3) Authorize the release of retention funds 35 days after recordation of the Notice of
Completion.
9) Fiscal Year 2017-18 Budget Amendment
It is recommended that the City Council take the following actions:
1) Adopt the following resolution:
RESOLUTION NO. 2017-88 - 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 (Street Sweeping); and
2) Appropriate expenditures in the amount of $11,048 from Gas Tax fund balance for
increases in the Street Sweeping service contract (Acct# 124.41.4153.6130).
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Agenda material is available at www.westeovina.org
Tuesday September 19, 2017
10) Senate Bill 1: The Road Repair and Accountability Act of 2017
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2017-94 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING THE FISCAL YEAR 2017-18
BUDGET TO INCORPORATE A LIST OF PROJECTS FUNDED BY SENATE BILL
1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017; and
RESOLUTION NO. 2017-95 - 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 (SB1 Funding)
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
11) Public Hearing Regarding Review of Draft Maps of District Boundaries for District
Based City Council Elections
a) Verification
b) Open hearing
c) Staff report
d) Open testimony
e) Council discussion
f) Recommendation: It is recommended that the City Council hold a public hearing to
receive input from the community regarding draft maps of City Council District
boundaries for District based City Council elections.
Motion by second by
to
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Agenda material is available at www.westcovina.org
Tuesday September 19, 2017
DEPARTMENTAL REGULAR MATTERS
CITY MANAGER'S OFFICE
12) City Crossing Guard Services
It is recommended that the City Council provide Staff direction on this matter.
Motion by second by
to
PLANNING DEPARTMENT
13) Code Amendment No. 16-04
Marijuana Regulations (Cultivation)
General Exemption
It is recommended that the City Council provide direction to staff regarding 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
POLICE DEPARTMENT
14) "Taking Back Our Community" Program Relating to the Impacts of AB 109 and
Proposition 47 Along with the Anticipated Impacts with the Recent Voter Approval
of Proposition 57
It is recommended that the City Council support the "Taking Back Our Community"
program and participate in the education of the community on the impacts of recent
legislation on policing efforts.
Motion by second by
to
ABI234 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 City expense.)
CITY COUNCIL COMMENTS
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Agenda material is available at www.westcovina.org
Tuesday September 19, 2017
ADJOURNMENT
Next Tentative City Council Meeting
Closed Session 10/03/2017 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,
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.
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Agenda material is available at www.westeovina.org
Tuesday September 19, 2017
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