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04/02/19 Regular AgendaCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY APRIL 2, 2019, 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 Dario Castellanos Councilwoman Letty Lopez-Viado Councilmember Jessica C. Shewmaker 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. 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. AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY APRIL 2, 2019, 7:00 PM REGULAR MEETING INVOCATION Led by Reverend Tracey C. Johnson Murph Chapel St. Paul AME Church PLEDGE OF ALLEGIANCE Led by Mayor Pro Tem Tony Wu ROLL CALL REPORTING OUT FROM CLOSED SESSION PRESENTATIONS National Public Safety Telecommunicators Week DMV Donate Life California Month 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. 1) JANUARY 24, 2019, CITY COUNCIL SPECIAL MEETING MINUTES JANUARY 30, 2019, CITY COUNCIL SPECIAL MEETING MINUTES MARCH 05, 2019, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION AND REGULAR MEETING MINUTES OCTOBER 16, 2018, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION AND REGULAR MEETING MINUTES NOVEMBER 13, 2018, CITY COUNCIL/SUCCESSOR AGENCY SPECIAL- CLOSED SESSION MEETING MINUTES NOVEMBER 20, 2018, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION AND REGULAR MEETING MINUTES DECEMBER 04, 2018, CITY COUNCIL/SUCCESSOR AGENCY REGULAR MEETING MINUTES DECEMBER 05, 2018, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES DECEMBER 18, 2018 CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION AND REGULAR MEETING MINUTES It is recommended that the City Council receive and file the Special Meeting Minutes of January 24, 2019, Special Meeting Minutes of January 30, 2019, Closed Session and Regular Meeting Minutes of March 05, 2019, Closed Session and Regular Meeting Minutes of October 16, 2018, Special Meeting Minutes of November 13, 2018, Special Meeting Minutes of November 15, 2018, Closed Session and Regular Meeting Minutes of November 20, 2018, Regular Meeting Minutes of December 04, 2018, Closed Session Meeting Minutes of December 05, 2018, Closed Session and Regular Meeting Minutes of December 18, 2018. CLAIMS AGAINST THE CITY 2) GOVERNMENT TORT CLAIM DENIALS It is recommended that the City Council deny the following Government Tort Claims and the claimants be notified: • Mercury Insurance ASO Eva Stoltz vs. The City of West Covina • Quang Trang vs. The City of West Covina • Bryan VanEck vs. The City of West Covina ORDINANCES FOR ADOPTION - Procedural Waiver. Waive full reading of each ordinance on the agenda and authorize the approval of each ordinance by title only. 3) ADOPTION OF ORDINANCE NO. 2454 - AMENDING SECTION 2-151 OF THE WEST COVINA MUNICIPAL CODE, REGARDING THE APPOINTMENT POWERS OF THE CITY MANAGER It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2454 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING SECTION 2-151 OF THE WEST COVINA MUNICIPAL CODE, REGARDING THE APPOINTMENT POWERS OF THE CITY MANAGER COMMUNITY DEVELOPMENT 4) INITIATION OF CODE AMENDMENT NO. 19-02 (R-1 STANDARDS), CODE AMENDMENT NO. 19-03 (TEMPORARY SIGNS) AND CODE AMENDMENT NO. 19-04 (PARK FEES) GENERAL EXEMPTION It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2019-13 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 19-02 TO STUDY REAR SETBACKS AND ACCESSORY HABITABLE QUARTERS IN SINGLE FAMILY ZONES RESOLUTION NO. 2019-14 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 19-03 TO STUDY TEMPORARY SIGN STANDARDS RESOLUTION NO. 2019-15 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 19-04 TO STUDY PARK FEES 5) CONGESTION MANAGEMENT PROGRAM (CMP) OPT-OUT It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2019-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ELECTING TO BE EXEMPT FROM THE CONGESTION MANAGEMENT PROGRAM 6) RELEASE OF FAITHFUL PERFORMANCE GUARANTEE AND LABOR AND MATERIAL BONDS FOR PARCEL MAP NO. 74133 - SILVERARDO PROPERTY GROUP LLC It is recommended that the City Council accept all on-site and off-site improvements for Parcel Map No. 74133 located at 2222 W. Garvey Avenue South and authorize the release of Faithful Performance and Labor and Material Bonds in the amounts of $26,500 and $8,000, respectively. FINANCE DEPARTMENT 7) APPROVAL OF FINANCIAL CONSULTANT SERVICES AGREEMENT It is recommended that the City Council take the following action: 1. Authorize the Acting City Manager to execute the third amendment to the Professional Services Agreement with Vavrinek, Trine, Day & Co., LLP; and 2. Appropriate $100,000 from General Fund fund balance for financial consultant services for Fiscal Year 2018-19 to Account No. 110.13.1310.6110. END OF CONSENT CALENDAR DEPARTMENTAL REGULAR MATTERS FINANCE DEPARTMENT 8) SECOND QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2018-19 It is recommended that the City Council take the following actions: 1. Receive and file the Second Quarter Financial Report for Fiscal Year 2018-19; and 2. Adopt the following resolution: RESOLUTION NO. 2019-17 - 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 (Second Quarter Financial Report) HUMAN RESOURCES 9) CITY MANAGER SALARY SURVEY Staff recommends that the City Council adopt the following resolution establishing an annual salary for the position of City Manager: RESOLUTION NO. 2019-18 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AN ANNUAL SALARY FOR THE POSITION OF CITY MANAGER MAYOR/COUNCILMEMBERS REPORTS AB 1234 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.) 10) LETTER OF OPPOSITION FOR SENATE BILL (SB) 50 It is recommended that the City Council provide staff direction. 11) WEST COVINA FILM FESTIVAL FOR STUDENTS It is recommended that the City Council approve hosting the First Annual West Covina Film Festival highlighting West Covina student films. 12) EVALUATION OF AVAILABLE CITY SERVICES ONLINE AND AFTER HOURS It is recommended that the City Council receive and file this informational report. 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/Successor Agency agenda as items of business and must be approved by a majority of the City Council/Successor Agency Board.) CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting April 16, 2019 7:00 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. 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.