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02-17-2015 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY FEBRUARY 17, 2015, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 Mayor Fredrick Sykes Mayor Pro Tern James Toma Councilmember Steve Herfert Councilmember Mike Spence 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, West Covina and at www.Westcovina.ore. 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, 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 Corrunission, 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 as PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL (Per WCMC 2-48, Ordinance No. 2 / 50) 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 (tearing. 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. I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OPCA 119115WAS POSTED IN ACCORDANCE WITH THE 01187 BROWN ACT AMENDMENT DATED: OFFICE OFT E CITY CLERK Tuesday February 17, 2015 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY FEBRUARY 17, 2015, 7:00 PM REGULAR MEETING INVOCATION Reverend Leslie Jenal Citrus Valley Hospice Group PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Recognition of the West Covina Police Department Explorers Participation and accomplishment at the Chandler Arizona Regional Police Explorer Competition Recognition Student Government Day Participants 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 itenns unless nnenubers of the City Council/Community Development Connnission request specific items to be rennoved fn-onn the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) November 10, 2014 Special City Council Meeting Minutes December 16, 2014 Special City Council Meeting Minutes January 20, 2015 Special City Council Meeting Minutes COMMISSION SUMMARY OF ACTIONS (receive & rile) 2) June 11, 2014 Human Resources Commission Meeting Dec. 10, 2014 Human Resources Commission Meeting Feb. 10, 2015 Planning Commission Meeting 2 Agenda material is available at www.westcovina.org Tuesday February 17, 2015 CLAIMS AGAINST THE CITY 3) Government Tort Claim Denials (deny & notify claimant) It is recommended that the City Council deny the following Government Tort Claims, and the claimants and/or their respective attorneys be notified. Jamey Deon vs. City of West Covina Eddie Ramirez vs. City of West Covina ORDINANCES FOR ADOPTION 4) An Ordinance Amending Chapter 2, Article VIII of the West Covina Municipal Code Relating to Campaign Finance Regulations This ordinance was introduced at the West Covina Council meeting of February 3, 2015. The purpose of this ordinance is to revise and update the laws relating to campaign contributions under Chapter 2, Article VIII of the West Covina Municipal Code. The ordinance will take effect 30 days after its adoption on February 17, 2015. It is recommended that the City Council waive further reading and adopt the following ordinance: ORDINANCE NO. 2272 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2, ARTICLE VIII OF THE WEST COVINA MUNICIPAL CODE RELATING TO CAMPAIGN FINANCE REGULATIONS APPROVAL OF FINAL MAP 5) Approval of Final Map for Tract Map No. 72320 Location: 520 S. Lark Ellen Avenue Subdivider: K B Home Greater Los Angeles, Inc. It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF TRACT MAP NO. 72320 LOCATED AT 520 S. LARK ELLEN AVENUE (K B HOME GREATER LOS ANGELES, INC.) COMMUNITY SERVICES DEPARTMENT 6) Co -Sponsorship of Lions Club Night on the Town Event It is recommended that the City Council take the following actions: 1. Approve the co-sponsorship of the West Covina Lions Club 2015 Night on the Town event on May 20, 2015; and 2. Authorize the City Manager to waive the Temporary Use Permit and Street Banner Permit fees for the West Covina Lions Club Night on the Town event. FINANCE DEPARTMENT 7) Extend Professional Services Agreement with Government Financial Services It is recommended that the City Council authorize staff to extend the agreement with Government Financial Services (GFS) for accounting services at $120 per hour not to exceed total amount of $70,000. 3 Agenda material is available at www.westcovina.org Tuesday February 17, 2015 HUMAN RESOURCES 8) Adopting a New Memorandum of Understanding (MOU) and Amending Compensation and Benefits for the West Covina Police Management Association It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A ONE-YEAR MEMORANDUM OF UNDERSTANDING (MOU) FOR THE WEST COVINA POLICE MANAGEMENT ASSOCIATION AND AMENDING COMPENSATION AND BENEFITS FOR THE WEST COVINA POLICE MANAGEMENT ASSOCIATION 9) Resolution of the West Covina City Council Separating the Benefits of the City Council from Department Heads It is recommended that the City Council adopt the following resolution, separating City Council benefits to Department Heads: RESOLUTION NO. 2015-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RELATED TO BENEFITS AND COMPENSATION FOR CITY COUNCILMEMBERS 10) Renewal of General Service Agreement with the County of Los Angeles It is recommended that the City Council adopt the following resolution, renewing the General Services Agreement (GSA) and authorize the City Manager to execute the agreement: RESOLUTION NO. 2015-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE RENEWAL OF A CONTRACT WITH THE COUNTY OF LOS ANGELES CONCERNING A GENERAL SERVICES AGREEMENT 11) Approval of Contract for West Covina Workers' Compensation Legal Counsel It is recommended that the City Council approve the month -to -month retainer agreement with the law firm of Lewis, Brisbois, Bisgaard, and Smith to provide workers' compensation legal counsel. 12) Status Report on City of West Covina's Workers' Compensation Program It is recommended that the City Council receive and file this informational report. PUBLIC WORKS 13) Selection of Consultant for the Orangewood Park Soccer Fields Design It is recommended that the City Council take the following actions: 1. Approve a contract with David Volz Design in the amount of $312,151 for the preparation of site design plans and construction documents for Orangewood Park Soccer Field Improvement Project and authorize the City Manager and City Clerk to execute the contract; and 2. Transfer $358,951 from the un-appropriated Park Dedication Fee fund balance (Fund 173) to Project No. PP-06204 (Account No. 173.82.8620.7700), which includes contract amount ($312,151) with 10% contingency ($31,200) and 5% contract administration ($15,600). 4 Agenda material is available at www.westcovina.org Tuesday February 17, 2015 14) Establish As -Needed Construction Management, Inspection, and Related Services Consultant Shortlist for Support on Various Capital Improvement Program Projects It is recommended that the City Council approve and establish As -Needed Construction Management, Inspection, and Related Services Shortlist that prequalifies Civil Source, Inc. of Irvine, Onward Engineering, Inc. of Anaheim, Pacifica Services, Inc. of Pasadena, RKA Consulting Group of Walnut, and Willdan Engineering, Inc. of Industry, and authorize the Public Works Department to seek proposals from the consultant's shortlist on an "as -needed" basis for a term of three years. TREASURER'S REPORT (receive & tile) 15) City Treasurer's Report for the Quarter Ended December 31, 2014 It is recommended that the City Council receive and file this report. ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented except: ROLL CALL: Herfert, Spence, Toma, Warshaw, Sykes END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 16) Code Amendment No. 13-07 Second Dwelling Units General Exemption a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: The Planning Commission and staff recommend that the City Council introduce the following ordinance: ORDINANCE NO. 2271 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO SECOND DWELLLING UNITS Motion by second by introduce disapprove hold over ROLL CALL: Herfert, Spence, Toma, Warshaw, Sykes SUCCESSOR AGENCY SEE SEPARATE AGENCY AGENDA The Mayor called a recess of the Council meeting to convene the Successor Agency meeting atp.m. . The City Council reconvened at 5 Agenda material is available at wwmivestcovina.org Tuesday February 17, 2015 MAYOR/COUNCILMEMBERS REPORTS Councilman Mike Spence 17) Request from Councilman Mike Spence Requesting Discussion on the Art in Public Places Code It is recommended that the City Council direct staff accordingly. Motion by second by to 18) Municipal Code Revision Regarding the Selection, Appointment and Removal of the City Manager It is recommended that the City Council instruct the City Manager to work with the City Attorney to update the ordinance for presentation to the Council and possible consideration by the voters of West Covina in November of 2015. Motion by second by to Councilmember Corey Warshaw 19) Review of Current Appointment Process of City Advisory Commissioners 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, Councihnembers 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 Rides 4.f- Requests for reports, studies, or investigations that are not readily available must be placed on the City Council/Conununity Development Commission agenda as items of business and must be approved by a majority of the City Council/Conununity Development Commission) Mayor Pro Tern James Toma 20) Request from Mayor Pro Tem James Toma Requesting the City Council's Consensus to Instruct City Staff to Prepare a Report Examining Smoking Prohibitions at City Parks and Other Public Facilities It is recommended that the City Council direct staff accordingly. Motion by second by to CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting - CC 03/03/2015 7:00 PM 6 Agenda material is available at wwwovestcovina.org Tuesday February 17, 2015 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 must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the council nor disturb any member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided. (b) Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the council shall be forthwith, by the presiding officer, barred from further audience before the council, unless permission to continue be granted by a majority vote of the council. 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 die 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. Agenda material is available at www.westeovina.org