07-17-2018 - RegularCITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
TUESDAY JULY 17, 2018, 6:00 PM
REGULAR MEETING - CLOSED SESSION
CITY MANAGER'S CONFERENCE ROOM
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Lloyd Johnson
Mayor Pro Tern Tony Wu
Councilman Mike Spence
Councilmember James .Torna
Councilmember Corey Warshaw
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 THAT A COPY OF THE COUNCIL AGENDA FOR
THE MEETING OF 7 / WAS POSTED IN
ACCORDANcE VVITH THE 01/87 BROWN ACT AMENDMENT pEED: r,)1
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
TUESDAY JULY 17, 2018, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Lloyd Johnson
Mayor Pro Tern Tony Wu
Councilman Mike Spence
Councilmember James Toma
Councilmember Corey Warshaw
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.orz 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 CE1111FY THAT A COPY OF THE COUNCIL AGENDA FOR
THE MEETING OF-7111 ISMS POSTED IN
ACCOROANC WM1 THE 01/87 BROWN ACT AMENDMENT
a-
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Tuesday July 17, 2018
PUBLIC COMMENTS
ADDRESSING THE CITY COUNCIL
(Per WCII4C 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 comthents 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 July 17, 2018
AGENDA
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
TUESDAY JULY 17, 2018, 7:00 PM
REGULAR MEETING
INVOCATION
Led by Pastor at Christ's Church of the Valley & West Covina Police Chaplain Dane
Johnson
PLEDGE OF ALLEGIANCE
Led by Councilmember Mike Spence
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
Welcome and Certification of Recdgnition for Fengtai No. 2 Middle School of Fengtai
District, Beijing
Recognition of Volunteers of the Year
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 July 17, 2018
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.
APPROVAL OF MEETING MINUTES (receive & file)
1) June 19, 2018 Closed Session Meeting Minutes
June 19, 2018 Regular City Council/Successor Agency Meeting Minutes
CLAIMS AGAINST THE CITY
2) Government Tort Claim Denial
It is recommended that the City Council deny the following Government Tort Claim and
the claimant be notified:
Jesse Miller vs. The City Of West Covina
INVESTMENT REPORT (receive & file)
3) City Investment Report for the Month Ended May 31, 2018
It is recommended that the City Council receive and file the Investment Report for the
month ended May 31, 2018.
4) Successor Agency Investment Report for the Month Ended May 31, 2018
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 May 31, 2018.
COMMUNITY ECONOMIC DEVELOPMENT
5) Excusive Negotiation Agreement with Starwood Retail Partners LLC for City
Owned Parcels Located at the Plaza West Covina Mall (APN No.'s 8474-003-915,
8474-003-918, 8474-003-940, 8474-007-928, 8474-007-931, 8474-007-932, 8474-007-
933, 8474-007-934, 8474-007-935, 8474-007-939, 8474-007-940)
It is recommended that the City Council approve a twelve-month extension to the
Exclusive Negotiation Agreement (ENA) with Starwood Retail Partners LLC, through
October 14, 2019 and authorize the City Manager to execute a Deposit and
Reimbursement Agreement for the reimbursement of staff time and expenses associated
with the negotiation of a Disposition and Development Agreement (DDA).
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Tuesday July 17, 2018
COMMUNITY SERVICES DEPARTMENT
6) ED! Media Inc. City Sponsorship Request
It is recommended that the City Council provide staff direction.
POLICE DEPARTMENT
7) Appropriating Reimbursable 2016 State Homeland Security Grant Funds for Public
Safety Digital Radio Infrastructure Components
It is recommended that the City Council take the following actions:
1) Accept and appropriate the reimbursable 2016 State Homeland Security Grant totaling
$1,803,903 in expenditures and revenues, and authorize the City Manager to execute all
agreements related to this task force; and
2) Dispense with the bidding process and find that Motorola Solutions is the sole source
for the procurement of a Motorola Astro-25 Digital Trunked Simulcast Public Safety
Radio Site and for service upgrades on two existing Motorola Astro-25 Sites, totaling
$998,980; and
3) Adopt the following resolution authorizing the necessary budget amendment:
RESOLUTION NO. 2018-93 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2018, AND ENDING JUNE 30,
2019 (2016 State Homeland Security Grant)
8) Renewal of County of Los Angeles Food Services Agreement for Jail Facility
it is recommended that the City Council authorize the City Manager, or his designee, to
execute a five-year renewal Food Services Agreement between the County of Los Angeles
and the West Covina Police Department for its jail facility, for the term beginning July 1,
2018, through June 30, 2023.
9) Law Enforcement Tobacco Grant
It is recommended that the City Council take the following actions:
1) Accept the Law Enforcement Tobacco Grant and authorize the City Manager, or his
designee, to execute all grant related documents; and
2) Adopt the following resolution authorizing the necessary budget amendments:
RESOLUTION NO. 2018-95 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2018, AND ENDING JUNE 30,
2019 (Tobacco Law Enforcement Grant)
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Agenda material is available at www.westcovina.org
Tuesday July 17, 2018
PUBLIC WORKS
10) Bike Share Program - Participation Letter
It is recommended that the City Council authorize the City Manager to send a letter of
participation to the San Gabriel Valley Council of Governments to implement a regional
bike share system in the San Gabriel Valley.
11) Acceptance of Public Improvements for the Installation of City Hall Stairway
Enclosures (Project No. BP-17013)
It is recommended that the City Council take the following actions:
1) Accept the City Hall Stairway Enclosures - Project No. BP-17013; 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.
12) Release of Faithful Performance and Warranty Assignment of Deposit for Precise
Plan No. 16-05 - LTG South Hills LLC
It is recommended that the City Council accept all on-site and off-site improvements for
Precise Plan No. 16-05 located at 1428 S. Azusa Avenue and authorize release of the
Faithful Performance and Warranty Assignment of Deposit in the amount of $334.872.
13) Release of Faithful Performance Guarantee and Labor and Material Bonds for
Precise Plan No. 15-05 - MB Fuel, Inc.
It is recommended that the City Council accept all on-site and off-site improvements for
Precise Plan No. 15-05 located at 1200 S. Glendora Avenue and authorize the release of
Faithful Performance and Labor and Material Bonds in the amount of $44,270 and
$20,000, respectively.
ACTION ON CONSENT CALENDAR
Motion by second by
to approve all items listed on the Consent Calendar as presented
except:
ROLL CALL: Spence, Tema, Warshaw, Wu, Johnson
END OF CONSENT CALENDAR
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Agenda material is available at www.weskovina.org
Tuesday July 17, 2018
HEARINGS
PUBLIC HEARINGS
14) Code Amendment No. 17-02
Downtown Plan and Code
General Exemption
a) Verification
b) Open hearing
c) Staff report
d) Open testimony
e) Council discussion
0 Recommendation: It is Planning Commission and staffs recommendation that the City
Council introduce and waive further reading of the following ordinance:
ORDINANCE NO. 2443 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING THE DOWNTOWN PLAN AND
CODE
Motion by second by
introduce disapprove hold over
ROLL CALL: Spence, Toma, Warshaw, Wu, Johnson
15) West Covina Citywide Lighting and Maintenance District Public Hearing
a) Verification
b) Open hearing
c) Staff report
d) Open testimony
e) Council discussion
0 Recommendation: It is recommended that the City Council adopt the following
resolution, which provides for the Citywide Lighting and Maintenance District assessment
rates to be maintained at their current levels:
RESOLUTION NO. 2018-82 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, CONFIRMING AND ADOPTING THE
ENGINEER'S REPORT AND APPROVING THE PLANS, SPECIFICATIONS,
ESTIMATES, DIAGRAM AND ASSESSMENTS CONTAINED THEREIN;
ORDERING LIGHTING FIXTURES AND STREET TREES TO BE INSTALLED AND
MAINTAINED IN THE WEST COVINA CITYWIDE LIGHTING AND
MAINTENANCE DISTRICT FOR FISCAL YEAR BEGINNING JULY 1, 2018
Motion by
adopt
second by
disapprove
hold over
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Agenda material is available at www.lvestcol'ina.org
Tuesday July 17, 2018
DEPARTMENTAL REGULAR MATTERS
COMMUNITY SERVICES DEPARTMENT
16) Homeless Plan
It is recommended that the City Council take the following actions:
1) Approve the Homeless Plan; and
2) Authorize the resubmiftal of the Homeless Plan to the County of Los Angeles (pending
any revisions); and
3) Authorize staff to explore applying for additional funding to support implementation of
the Homeless Plan.
Motion by second by
to
AB1234 Conference and Meeting Report (verbal, if any)
(In accordance with ,4B 1239, Councilm embers shall make a brief report or file a written report on any
in attended at City expense.)
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
(Per City of West Covina Standing Rules 4.f- 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/Community Development Commission)
MAYOR LLOYD JOHNSON
17) Request from Mayor Lloyd Johnson for City Council to Discuss Taking a Formal
Position Supporting HR 113 Relative to Piqui's Resolution
it is recommended that the City Council discuss whether or not to take a formal position
supporting House Resolution (HR) 113 and direct staff to send a letter to the authors, as
well as our local legislators, if a formal position is taken.
Motion by second by
to
CITY COUNCIL COMMENTS
ADJOURNMENT
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Agenda material is available at www.westcovina.org
Tuesday July 17, 2018
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.
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) (I) Every Person who willfully resists, delays, or obstructs any public officer, peace officer, or an
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Tuesday July 17, 2018
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 wtvw.westcovitta.org