Loading...
04-17-2018 - Agenda -- Compiled: 4/18/2018 03:43:39 PM CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY APRIL 17, 2018, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Mike Spence Mayor Pro Tem Lloyd Johnson Councilmember James Toma Councilmember Corey Warshaw 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.    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. AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY   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. AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY   INVOCATION   Led by Pastor Mason Okubo from Immanuel First Lutheran Church   PLEDGE OF ALLEGIANCE   Led by Councilmember Corey Warshaw   ROLL CALL   REPORTING OUT FROM CLOSED SESSION   CHANGES TO THE AGENDA   PRESENTATIONS   Proclamation proclaiming April 29th to May 5th, 2018 as National Small Business Week   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.   APPROVAL OF MEETING MINUTES (receive & file)   1) April 3, 2018 Regular City Council Closed Session Meeting Minutes April 3, 2018 Regular City Council/Successor Agency Meeting Minutes April 5, 2018 Special Meeting - Pension Update Community Meeting Minutes   ORDINANCES FOR ADOPTION   2) Code Amendment No. 14-05 Entitlements Processing General Exemption - CEQA   It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2338 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 14-05 TO AMEND CHAPTER 20 AND CHAPTER 26 OF THE WEST COVINA MUNICIPAL CODE RELATED TO ENTITLEMENTS AND PROCESSING   TRAFFIC COMMITTEE MEETING MINUTES (accept & file)   3) March 21, 2018 Traffic Committee Meeting Minutes   It is recommended that the City Council receive and file the minutes of the Traffic Committee Meeting held on March 21, 2018.   COMMUNITY & ECONOMIC DEVELOPMENT   4) Request for Proposals (RFP) for a Citywide Branding and Marketing Strategy   It is recommended that the City Council reject all proposals and instruct City staff to re-visit a Branding and Marketing Strategy at a future date.   5) Auto Plaza Business Improvement District   It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-30 - 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 DISTRICT AREA FOR FISCAL YEAR 2018-19, AND PROVIDE NOTICE OF PUBLIC MEETING THEREON TO BE CONDUCTED MAY 1, 2018, AND PROVIDE NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 5, 2018   It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-30 - 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 DISTRICT AREA FOR FISCAL YEAR 2018-19, AND PROVIDE NOTICE OF PUBLIC MEETING THEREON TO BE CONDUCTED MAY 1, 2018, AND PROVIDE NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 5, 2018   6) Long Range Property Management Plan (LRPMP) - Disposition of Agency Parcels (APN's: 8735-002-906, 8735-002-909, 8735-002-910) and Related License Agreement (8735-002-018 to the City of West Covina (BKK Site)   It is recommended that the City Council, acting as the Successor Agency, adopt the following resolution to sell three Successor Agency assets (APN's: 8735-002-906, 8735-002-909, 8735-002-910) and transfer an associated license agreement to the City of West Covina: RESOLUTION NO. 2018-32 - A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND AUTHORIZING THE SALE OF THREE (3) AGENCY PARCELS (APN'S: 8735-002-906, 8735-002-909, 8735-002-910) AND RELATED LICENSE AGREEMENT (APN: 8735-002-018) TO THE CITY OF WEST COVINA It is recommended that the City Council adopt the following resolution to purchase three (3) Agency parcels (APN's: 8735-002-906, 8735-002-909, 8735-002-910) from the Successor Agency to the former West Covina Redevelopment Agency: RESOLUTION NO. 2018-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND AUTHORIZING THE PURCHASE OF THREE (3) PARCELS (APN'S: 8735-002-906, 8735-002-909, 8735-002-910) FROM THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY   7) Exclusive 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 authorize the City Manager to negotiate, and execute, an Exclusive Negotiation Agreement (ENA) with Starwood Retail Partners LLC (Starwood) for the development/purchase of City assets at the Plaza West Covina Mall site.   8) Update on Exclusive Negotiation Agreement with Singpoli Group LLC for Development of Former BKK Landfill (APN No.'s: 8735-002-906, 8735-002-909, 8735-002-910, 8735-002-018)   It is recommended that the City Council receive and file the informational report.   POLICE DEPARTMENT   9) Purchase of Police Computer Storage Array and Maintenance   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 impracticable or uneconomical, waive the bid process and authorize the purchase of a three-year maintenance and support agreement from Impex Technologies, totaling $36,712.50, from account 117.31.3119.6272; 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 impracticable or uneconomical, waive the bid process and authorize the purchase of a flash storage array from Impex Technologies, totaling $44,604.00 from account 117.31.3119.7160.   PUBLIC WORKS   10) Fiscal Year 2017-18 Budget Amendment (Overhead Safety Lighting at All City Traffic Signal Intersections)   It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30, 2018 (Overhead Safety Lighting at all City Traffic Signal Intersections)   11) Approve Professional Services Agreement with Willdan Engineering for Design of Traffic Signals at Two Intersections   It is recommended that the City Council take the following actions: 1) Authorize the City Manager to execute an agreement with Willdan Engineering in the total amount not-to-exceed $23,098 for professional engineering services for the preparation of plans, specifications, and estimates (PS&E) for traffic signals at the intersections of Cameron Avenue and Barranca Street and Cameron Avenue and Citrus Street; and 2) Establish Project No. T-18040 and T-18041; and 3) Adopt the following resolution: RESOLUTION NO. 2018-31 - 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 (Traffic Signal Design Services)   It is recommended that the City Council take the following actions: 1) Authorize the City Manager to execute an agreement with Willdan Engineering in the total amount not-to-exceed $23,098 for professional engineering services for the preparation of plans, specifications, and estimates (PS&E) for traffic signals at the intersections of Cameron Avenue and Barranca Street and Cameron Avenue and Citrus Street; and 2) Establish Project No. T-18040 and T-18041; and 3) Adopt the following resolution: RESOLUTION NO. 2018-31 - 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 (Traffic Signal Design Services)   12) Acceptance of Work for Installation of Full Capture Trash Devices in Catch Basins at Various Locations (Project No. 18007)   It is recommended that the City Council take the following actions: 1) Accept work for installation of full capture trash devices in catch basin at various locations; and 2) Authorize recordation of Notice of Completion with the Los Angeles County Recorder   ACTION ON CONSENT CALENDAR Motion by __________ second by __________ to approve all items listed on the Consent Calendar as presented except:_________________________________________ ROLL CALL: Toma, Warshaw, Wu, Johnson, Spence   END OF CONSENT CALENDAR   DEPARTMENTAL REGULAR MATTERS   CITY ATTORNEY'S OFFICE   13) Adopting a Fine Schedule for Violation of Chapter 19-14 (Unlawful Camping and Storage of Personal Property) of the West Covina Municipal Code   It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A FINE SCHEDULE FOR VIOLATION OF CHAPTER 19-14 (UNLAWFUL CAMPING AND STORAGE OF PERSONAL PROPERTY) OF THE WEST COVINA MUNICIPAL CODE   Motion by __________ second by __________ adopt __________ disapprove __________ hold over __________   FIRE DEPARTMENT   FIRE DEPARTMENT   14) Replacement and Amendment of West Covina Municipal Code Chapter 8 - Civil Defense and Emergencies with Chapter 8 - Emergency Organization   It is recommended that the City Council read by title only, waive further reading, and introduce the following ordinance for first reading: ORDINANCE NO. 2339 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALFIRONIA, REPEALING AND REPLACING CHAPTER 8 - CIVIL DEFENSE AND EMERGENCIES WITH CHAPTER 8 - EMERGENCY ORGANIZATION   Motion by __________ second by __________ introduce __________ disapprove __________ hold over __________ ROLL CALL: Toma, Warshaw, Wu, Johnson, Spence   MAYOR/COUNCILMEMBERS REPORTS   MAYOR MIKE SPENCE   15) Ballot Measure Regarding the Elimination of the Elected City Clerk and Elected City Treasurer Offices   It is recommended that the City Council consider whether to pursue a proposed ballot measure or measures regarding the elimination of the elected City Clerk and elected City Treasurer offices and provide direction accordingly.   Motion by __________ second by __________ to ___________________________________   MAYOR PRO TEM LLOYD JOHNSON   16) Code Amendment No. 18-01 Initiation Related to the Regulation of Marijuana Cultivation   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). If the City Council would like to initiate a code amendment, the following resolution should be adopted: RESOLUTION NO. 2018-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 18-01 RELATED TO THE REGULATION OF MARIJUANA CULTIVATION   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). If the City Council would like to initiate a code amendment, the following resolution should be adopted: RESOLUTION NO. 2018-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 18-01 RELATED TO THE REGULATION OF MARIJUANA CULTIVATION   Motion by __________ second by __________ adopt __________ disapprove __________ hold over __________   17) Reconsideration of Approval of October 18, 2017 Traffic Committee Minutes Relating to the Installation of Red Curb on Orange Avenue Between Eldred Avenue and Workman Avenue   It is recommended that the City Council direct staff accordingly.   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 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 MIKE SPENCE   18) Request from Mayor Spence for City Council to Discuss Taking a Formal Position Supporting SB 1031 (Moorlach)   It is recommended that the City Council discuss whether or not take a formal position supporting Senate Bill (SB) 1031 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 ___________________________________   19) Request from Mayor Spence for City Council to Discuss Taking a Formal Position Supporting AB 1065 (Jones-Sawyer)   It is recommended that the City Council discuss whether or not take a formal position supporting Assembly Bill (AB) 1065 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 ___________________________________   Motion by __________ second by __________ to ___________________________________   20) Request from Mayor Spence for City Council to Discuss Tasking a Formal Position Opposing AB 1912 (Rodriguez)   It is recommended that the City Council discuss whether or not to take a formal position opposing Assembly Bill (AB) 1912 and direct staff to send a letter to the authors, as well as our local legislators, if formal position is taken.   Motion by __________ second by __________ to ___________________________________   21) Request from Mayor Spence for City Council to Discuss Taking a Formal Position Supporting AB 2156 (Chen)   It recommended that the City Council discuss whether or not to take a formal position supporting Assembly Bill (AB) 2156 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 ___________________________________   COUNCILMEMBER JAMES TOMA   22) Request from Councilmember Toma for City Council to Discuss Directing Staff to Draft an Ordinance Regarding the Disclosure of Independent Expenditures   It is recommended that the City Council discuss whether or not to direct staff to draft an ordinance regarding the disclosure of independent expenditures.   Motion by __________ second by __________ to ___________________________________   CITY COUNCIL COMMENTS   ADJOURNMENT   Next Tentative City Council Meeting   Closed Session 05/01/2018 6:00 PM    The following are excerpts from the West Covina Municipal Code: Sec. 2-48. Manner of addressing council; time limit; persons addressing may be sworn. 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. The city council may establish a limit on the duration of oral communications. 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. 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. 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. 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: Addressing the Mayor and City Council without first being recognized. Persisting in addressing a subject or subjects, other than that before the Mayor and City Council. Repetitiously addressing the same subject. Failing to relinquish the podium when directed to do so. 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. 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.   The following are excerpts from the West Covina Municipal Code: Sec. 2-48. Manner of addressing council; time limit; persons addressing may be sworn. 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. The city council may establish a limit on the duration of oral communications. 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. 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. 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. 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: Addressing the Mayor and City Council without first being recognized. Persisting in addressing a subject or subjects, other than that before the Mayor and City Council. Repetitiously addressing the same subject. Failing to relinquish the podium when directed to do so. 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. 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.