Loading...
09-18-2018 - Agenda -- Compiled: 9/13/2018 08:08:10 PM CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY/ HOUSING AUTHORITY/PUBLIC FINANCING AUTHORITY TUESDAY SEPTEMBER 18, 2018, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Lloyd Johnson Mayor Pro Tem Tony Wu Councilman Mike Spence Councilmember James Toma Councilmember Corey Warshaw 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/ HOUSING AUTHORITY/PUBLIC FINANCING AUTHORITY   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/ HOUSING AUTHORITY/PUBLIC FINANCING AUTHORITY   INVOCATION   Led by Pastor Mason Okubo from Immanuel First Lutheran Church   PLEDGE OF ALLEGIANCE   Led by Mayor Pro Tem Tony Wu   ROLL CALL   REPORTING OUT FROM CLOSED SESSION   CHANGES TO THE AGENDA   PRESENTATIONS   Recognition of Retiring Public Safety Dispatcher Gino Escobar   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 Authorizing the Mayor and Finance Director to be the Authorized Signatures on All City Warrants, Invoices, and Checks   It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2445 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE MAYOR AND FINANCE DIRECTOR TO BE THE AUTHORIZED SIGNATURES ON ALL CITY WARRANTS, INVOICES, AND CHECKS   CITY CLERK'S OFFICE   2) Conflict of Interest Code Biennial Notice Required by the Political Reform Act   It is recommended that the City Council approve and file the 2018 Local Agency Biennial Notice.   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: Gabriela Cabrera vs. The City of West Covina Carol and David Zaslow dba Ruffle Properties vs. The City of West Covina   INVESTMENT REPORT (receive & file)   4) City Investment Report for the Month Ended July 31, 2018   It is recommended that the City Council receive and file the Investment Report for the month ended July 31, 2018.   5) Successor Agency Investment Report for the Month Ended July 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 July 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 July 31, 2018.   CITY MANAGER'S OFFICE   6) City Council Chambers Video Upgrades   It is recommended that the City Council authorize the City Manager, or his designee, to execute an agreement with Swagit Productions, LLC (Swagit) to purchase new video equipment and one year of professional services for the City Council Chambers at an amount not to exceed $79,448.00.   7) Reorganization of Community Services, Planning, Public Works, and Economic Development into New City Departments   It is recommended that the City Council direct staff to begin the reorganization of the various City Departments as outlined in the staff report.   COMMUNITY SERVICES DEPARTMENT   8) Authorization to Purchase Property to Expand Palmview Park   It is recommended that the City Council take the following actions: 1) Authorize the City Manager to execute the documents necessary for the property purchase of 617 North Lark Ellen Avenue, West Covina, for the expansion of Palmview Park, at a cost not to exceed $600,000; and 2) Make the necessary appropriations and fund transfers outlined in the Fiscal Impact Section of this staff report, to facilitate the purchase; and 3) Authorize staff to seek bids for the demolition of the property.   FINANCE DEPARTMENT   9) Authorization to Issue Lease Revenue Refunding Bonds, Series 2018   It is recommended that the City Council/West Covina Public Financing Authority authorize the undertaking of the refunding of various variable rate bonds and authorize the appropriate staff to take various actions necessary to complete the refunding, by adopting the following resolutions: RESOLUTION NO. 2018-117 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ISSUANCE OF LEASE REVENUE REFUNDING BONDS SERIES 2018A AND LEASE REVENUE REFUNDING BONDS SERIES 2018B (TAXABLE) TO BE ISSUED BY THE WEST COVINA PUBLIC FINANCING AUTHORITY, AUTHORIZING AND APPROVING A SITE AND FACILITY LEASE, A LEASE AGREEMENT, A PRELIMINARY OFFICIAL STATEMENT, A CONTINUING DISCLOSURE CERTIFICATE AND A BOND PURCHASE AGREEMENT; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH PUBLIC FINANCING AUTHORITY RESOLUTION NO. 29 - A RESOLUTION OF THE WEST COVINA PUBLIC FINANCING AUTHORITY, APPROVING THE REFUNDING OF ITS VARIABLE RATE LEASE REVENUE REFUNDING BONDS, 2002 SERIES B (PUBLIC FACILITIES PROJECT), Variable Rate Lease Revenue Bonds, 2004 Series A (Golf Course Project), Variable Rate Lease Revenue Bonds, 2004 Series B (Golf Course Project) AND VARIABLE RATE LEASE REVENUE REFUNDING BONDS, SERIES 2013A (COMMUNITY CENTER PROJECT), AND THE ISSUANCE OF LEASE REVENUE REFUNDING BONDS, SERIES 2018A AND LEASE REVENUE REFUNDING BONDS, SERIES 2018B (TAXABLE) TO BE ISSUED BY THE AUTHORITY; APPROVING A SITE AND FACILITY LEASE, A LEASE AGREEMENT, AN ASSIGNMENT AGREEMENT, AN INDENTURE, A PRELIMINARY OFFICIAL STATEMENT and A BOND PURCHASE AGREEMENT; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH   It is recommended that the City Council/West Covina Public Financing Authority authorize the undertaking of the refunding of various variable rate bonds and authorize the appropriate staff to take various actions necessary to complete the refunding, by adopting the following resolutions: RESOLUTION NO. 2018-117 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ISSUANCE OF LEASE REVENUE REFUNDING BONDS SERIES 2018A AND LEASE REVENUE REFUNDING BONDS SERIES 2018B (TAXABLE) TO BE ISSUED BY THE WEST COVINA PUBLIC FINANCING AUTHORITY, AUTHORIZING AND APPROVING A SITE AND FACILITY LEASE, A LEASE AGREEMENT, A PRELIMINARY OFFICIAL STATEMENT, A CONTINUING DISCLOSURE CERTIFICATE AND A BOND PURCHASE AGREEMENT; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH PUBLIC FINANCING AUTHORITY RESOLUTION NO. 29 - A RESOLUTION OF THE WEST COVINA PUBLIC FINANCING AUTHORITY, APPROVING THE REFUNDING OF ITS VARIABLE RATE LEASE REVENUE REFUNDING BONDS, 2002 SERIES B (PUBLIC FACILITIES PROJECT), Variable Rate Lease Revenue Bonds, 2004 Series A (Golf Course Project), Variable Rate Lease Revenue Bonds, 2004 Series B (Golf Course Project) AND VARIABLE RATE LEASE REVENUE REFUNDING BONDS, SERIES 2013A (COMMUNITY CENTER PROJECT), AND THE ISSUANCE OF LEASE REVENUE REFUNDING BONDS, SERIES 2018A AND LEASE REVENUE REFUNDING BONDS, SERIES 2018B (TAXABLE) TO BE ISSUED BY THE AUTHORITY; APPROVING A SITE AND FACILITY LEASE, A LEASE AGREEMENT, AN ASSIGNMENT AGREEMENT, AN INDENTURE, A PRELIMINARY OFFICIAL STATEMENT and A BOND PURCHASE AGREEMENT; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH   FIRE DEPARTMENT   10) Fiscal Year 2018-19 Purchase Order to Allstar Fire Equipment, Inc., for Personal Protective Equipment and Other Equipment on an As-Needed Basis ($30,000)   It is recommended that the City Council, in accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330(b), which states that bidding may be dispensed with when the commodity can be obtained from only one vendor, approve a purchase order for Fiscal Year (FY) 2018-19 to Allstar Fire Equipment, Inc., for Personal Protective Equipment and other equipment on an as-needed basis in the amount of $30,000.   HUMAN RESOURCES   11) Approving the Salary and Benefit Schedule for Non-Represented Department Heads   It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE SALARY AND BENEFIT SCHEDULE FOR NON-REPRESENTED DEPARTMENT HEADS FOR THE PERIOD OF JULY 1, 2017 THROUGH JUNE 30, 2018   PLANNING DEPARTMENT   12) Award Contract Agreement for the Preparation of Historic Resources Inventory Update   It is recommended that the City Council authorize the City Manager to execute an agreement with Galvin Preservation Associates, Inc. in the amount not to exceed $74,905, to prepare a historic resources inventory update.   It is recommended that the City Council authorize the City Manager to execute an agreement with Galvin Preservation Associates, Inc. in the amount not to exceed $74,905, to prepare a historic resources inventory update.   POLICE DEPARTMENT   13) Crossing Guard Services   It is recommended that the City Council authorize the City Manager to execute an agreement amendment with All City Management Services (ACMS), extending crossing guard services for an additional three years.   14) Asset Forfeiture for Police Firearms Range   It is recommended that the City Council adopt the following resolution authorizing the necessary budget amendment: RESOLUTION NO. 2018-115 - 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 (ASSET FORFEITURE FOR POLICE FIREARMS RANGE)   15) Award of Bid for IP Microwave Backhaul   It is recommended that the City Council take the following actions: 1) Find that Microwave Networks, Inc., of Stafford, Texas is the lowest responsible bidder to RFP 31-003; and 2) Authorize the City Manager to execute a Professional Services Agreement with Microwave Networks, Inc., for the procurement and installation of up to 11 IP microwave backhaul links for the ComNet regional public safety communications system, totaling $674,897 from account 218.31.3110.7160.   PUBLIC WORKS   16) Acceptance of Public Improvements for Fire Station No. 3 Roofing and Flooring (Project No. BP-17051)   It is recommended that the City Council take the following actions: 1) Accept the Fire Station No. 3 roofing and flooring improvements for Project No. BP-17051; 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.   17) Approve a Six-Month Purchase Order to Ace Pelizon Plumbing for Fiscal Year 2018-19   It is recommended that the City Council approve a six-month purchase order for Fiscal Year (FY) 2018-19 for Ace Pelizon Plumbing in an amount not to exceed of $21,000.   ACTION ON CONSENT CALENDAR Motion by __________ second by __________ to approve all items listed on the Consent Calendar as presented except:_________________________________________ ROLL CALL: Spence, Toma, Warshaw, Wu, Johnson   END OF CONSENT CALENDAR   HEARINGS   PUBLIC HEARINGS   18) Establishment of New Fees and Changes to Existing Fees and Fines   a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation:  It is recommended that the City Council take the following actions: 1) Hold a Public Hearing regarding the establishment of new fees and changes to existing fees and fines; and 2) Adopt the following resolution: RESOLUTION NO. 2018-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A NEW FEE SCHEDULE THAT ESTABLISHES NEW FEES AND CHANGES TO EXISTING FEES AND FINES   Motion by __________ second by __________ adopt __________ disapprove __________ hold over __________   DEPARTMENTAL REGULAR MATTERS   FIRE DEPARTMENT   19) Agreement with Fire Recovery USA, LLC for Emergency Incident Billing and Inspection Billing Services   It is recommended that the City Council, in accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330(b), which states that bidding may be dispensed with when the commodity can be obtained from only one vendor, authorize the City Manager to execute the agreement with Fire Recovery USA, LLC, for emergency incident billing and inspection billing services for an initial term of three years with the option to renew for two additional one-year periods for a maximum of five years.   Motion by __________ second by __________ to ___________________________________   MAYOR/COUNCILMEMBERS REPORTS   COUNCILMAN MIKE SPENCE   20) Letter of Opposition to Governor Brown Pardoning Criminals and Commuting Sentences of Death Row Inmates   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 LLOYD JOHNSON   21) Request from Mayor Lloyd Johnson Requesting the City Council's Consensus to Revisit the Structure of the Mayoral Rotation   It is recommended that the City Council direct staff accordingly.   Motion by __________ second by __________ to ___________________________________   COUNCILMEMBER JAMES TOMA   22) Request from Councilmember James Toma Requesting the City Council's Consensus to Direct Staff to Put Together a Business/Commercial Property Owner Homeless Education Program   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 Regular Meeting 10/02/2018 10/02/2018 6:00 PM 7:00 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.