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03-03-2015 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY MARCH 03, 2015) 6:00 PM REGULAR MEETING - CLOSED SESSION CITY MANAGER'S CONFERENCE ROOM 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 Mayor Fredrick Sykes Mayor Pro Tem James Toma Councilmember Mike Spence 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, 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) horn 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 CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Perez v. City of West Covina CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Pursuant to Government Code & 54956.9(dhD One Matter CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Mauk, Freeland, Barlow • Employee Organizations Confidential Employees Maintenance & Crafts Employees W.C. Police Officers' Association W.C. Firefighters' Management Assoc. - General Employees - Mid -Management Employees - W.C. Police Management Association - W.C. Firefighters' Association, I.A.F.F., Local - Department Heads ADJOURNMENT 3226 I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF 3 13 Ii5 WAS POSTED IN ACCORDANCE WITH THE 01187 BROWN ACT AMENDMENT DATED: OFFIC OF TH CITY CLERK CITY OF WEST COVINA CITY COUNCIL TUESDAY MARCH 03, 2015, 7:00 PM REGULAR MEETING CITY HALL COUNCIL C1 AMBERS 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 Mayor Fredrick Sykes Mayor Pro Tenn James Toma Councihnember Mike Spence Councilmember Corey Warshaw Please turn off all cell phones and other electronic devices prior to entering the Council Chambers AMERICANS WITH DISABILITIESACT 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 AIATERIAL 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 tvww.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, 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 as PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL (Per IVCA9C 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 itent 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 DECORUA-I 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 OF 3 115 It!SWAS POSTED IN ACCORDAN E WITH THE 01187 BROWN ACT AMENDMENT DATED: zG 15 OFFICE'OF THEIGITY CLERK Tuesday March 03, 2015 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY MARCH 03, 2015, 7:00 PM REGULAR MEETING INVOCATION Pastor Kelly Dupee Faith Community Church PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Recognition of I dgewood High School Academic Decathlon Winners 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/Comtmmity Development Corrunission request specific items to be removed from the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) November 18, 2014 Special City Council Meeting Minutes November 18, 2014 Regular City Council Meeting Minutes ORDINANCES FOR ADOPTION 2) An Ordinance Amending Chapter 26 (Zoning) of the West Covina Municipal Code Related to Second Dwelling Units This ordinance was introduced at the West Covina City Council meeting of February 17, 2015. The purpose of this ordinance is to amend the current Municipal Code regulations regarding Second Dwelling Units. The current Code allows side by side primary and second dwelling units. The proposed code amendment would only allow second dwelling units to be located behind the primary units. The ordinance will take effect 30 days after its adoption on March 3, 2015. Agenda material is available at wrviv.ivesteovina.org Tuesday March 03, 2015 It is recommended that the City Council waive further reading and adopt 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 DWELLING UNITS APPROVAL OF FINAL MAP 3) 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.) TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 4) Traffic Committee Minutes - Meeting of February 17, 2015 L Request: Jean Barrymore, West Covina Resident That a "Keep Clear" pavement message be installed on eastbound Cameron Avenue at Aspen Village Way. Traffic Committee Recommendation: That a "Keep Clear" pavement message be installed on eastbound Cameron Avenue at Aspen Village Way. IL Request: Nate Sotelo, Options Facilities Director That a 15-minute limit for on -street parking along West Garvey Avenue North adjacent to the option head start entrance be implemented. COMMUNITY SERVICES DEPARTMENT 5) Policy Granting City Manager Authority to Waive Certain Fees It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING RESOLUTION NO. 2008-01 RELATED TO ASSISTING NON-PROFIT ORGANIZATIONS WITH THE PROMOTION OF EDUCATIONAL, HEALTH, SOCIAL AND CIVIC PROGRAMS AND GRANTING THE CITY MANAGER AUTHORITY TO APPROVE FEE WAIVERS NOT EXCEEING $2,500 6) Update on 2015 Independence Day Celebration It is recommended that the City Council receive and file this informational report. 7) 48th Assembly District's Annual Woman of the Year Awards It is recommended that the City Council authorize the City Manager to waive the West Covina Senior Center rental fees of $889 for the 48th Assembly District's Annual Women of the Year Awards on March 28, 2015. 3 Agenda material is available at ivivivovestcovina.org Tuesday March 03, 2015 HUMAN RESOURCES 8) Adopting a New Memorandum of Understanding (MOU) and Amending Compensation and Benefits for the West Covina General, Confidential, Maintenance and Crafts Employee Associations It is recommended that the City Council adopt the following resolution: 1. RESOLUTION NO. 2015-23 - 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 CONFIDENTIAL EMPLOYEE ASSOCIATION AND AMENDING COMPENSATION AND BENEFITS FOR THE CONFIDENTIAL EMPLOYEE ASSOCIATION 2. RESOLUTION NO. 2015-24 - 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 GENERAL EMPLOYEE ASSOCIATION AND AMENDING COMPENSATION AND BENEFITS FOR THE GENERAL EMPLOYEE ASSOCIATION 3. RESOLUTION NO. 2015-25 - 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 MAINTENANCE AND CRAFTS EMPLOYEE ASSOCIATION AND AMENDING COMPENSATION AND BENEFITS FOR THE MAINTENANCE AND CRAFTS EMPLOYEE ASSOCIATION 9) Request for Qualifications (RFQ) for Special Legal Counsel Services (Workers' Compensation/General Liability) It is recommended that the City Council instruct City staff to issue the Request for Qualifications (RFQ) for Special Legal Services. 10) Amend the Professional Services Agreement with Norm T. Traub Associates to Increase the Total Funding Amount of the Agreement for Investigative Services It is recommended that the City Council authorize staff to amend the professional services agreement with Norman A. Traub Associates to increase the not to exceed amount of the agreement to $70,000. 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. PUBLIC WORKS 12) Renewal of the Citywide Lighting and Maintenance District and Landscape Maintenance Districts No.'s 4, 6 and 7 - Ordering of Engineer's Reports It is recommended that the City Council adopt the following resolutions: 1. RESOLUTION NO. 2015-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH PROPOSITION 218 AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND LIGHTING ACT OF 1972," BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN LANDSCAPING AND LIGHTING MAINTENANCE IN THE CITY OF WEST COVINA, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2015 - WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT (2015-2016) 4 Agenda material is available at mviv.ivestcovina.org Tuesday March 03, 2015 2. RESOLUTION NO. 2015-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2015-2016 - WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 (2015-2016) 3. RESOLUTION NO. 2015-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2015-2016 - WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 (2015-2016) 4. RESOLUTION NO. 2015-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2015-2016 - WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 (2015-2016) 13) Award of Bid for the Repair of the City Hall East Elevator It is recommended that the City Council take the following actions: 1. Accept the lowest responsive bid from Amtech Elevator Services in the amount of $54,010 as submitted on February 10, 2015, and authorize the Public Works Director/City Engineer and City Clerk to execute the contract to repair the East elevator at City Hall; and 2. Establish expenditure Account No. 161.83.8434.7900. 14) City Electronic Waste Collection and Recycling Services Five Year Agreement It is recommended that the City Council approve a five (5) year agreement with West Coast Recycling Services dba Mission Recycling for Electronic Waste Collection and Recycling Services. 15) CalRecycle - Local Enforcement Agency Program (LEA) -Appointment of a Hearing Officer It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, THE APPOINTMENT OF A HEARING OFFICER FOR THE APPEALS ARISING FROM THE LOCAL ENFORCEMENT AGENCY 16) 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 take the following actions: 1. Rescind the City Council's action of September 2, 2014, in which the Council approved the shortlisting of five (5) firms due to the inadvertent inclusion of a previously disqualified firm. 2. 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 5 Agenda material is available at ivivmivesteovina.org Tuesday March 03, 2015 proposals from the consultant's shortlist on an "as -need" basis for a term of three years. 17) Renovations to Fire Station No. 1 It is recommended that the City Council take the following actions: 1. Modify the scope of Capital Improvement Program (CIP) Project No. PP-15303 to include additional work needed at Fire Station No. 1; and 2. Add additional finding from Construction Tax Fund 161 to Account No. 161.83.8502.7530 in the amount of $20,000. 18) Lot Line Adjustment No. 185 1256, 1258, 1272, and 1278 Inspiration Point It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 185 AT 1256, 1258, 1272, AND 1278 INSPIRATION POINT AND DIRECTING THE RECORDATION THEREOF (TAYLOR MORRISON OF CALIFORNIA, LLC) 19) Lot Line Adjustment No. 186 1275, 1279, and 1280 Inspiration Point It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 186 AT 1275, 1279, AND 1280 INSPIRATION POINT AND DIRECTING THE RECORDATION THEREOF (TAYLOR MORRISON OF CALIFORNIA, LLC) 20) Lot Line Adjustment No. 187 1203,1209, and 1213 Inspiration Point It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 187 AT 1203, 1209, AND 1213 INSPIRATION POINT AND DIRECTING THE RECORDATION THEREOF (TAYLOR MORRISON OF CALIFORNIA, LLC) 21) Lot Line Adjustment No. 188 2805, 2807, and 2809 Majestic Street It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 188 AT 2805, 2807, AND 2809 MAJESTIC STREET AND DIRECTING THE RECORDATION THEREOF (TAYLOR MORRISON OF CALIFORNIA, LLC) 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, Sykes END OF CONSENT CALENDAR 6 Agenda material is available at www.westcovina.org Tuesday March 03, 2015 SUCCESSOR AGENCY SEE SEPARATE AGENCY AGENDA The Mayor called a recess of the Council meeting to convene the Successor Agency meeting at p.m. The City Council reconvened at p.m. MAYOR/COUNCILMEMBERS REPORTS COUNCILMEMBER CORE, Y WARSHAW 22) Evaluation of Alternatives on the Appointment Process and Terms of Office for City Commissioners and Number of Positions for each City Commission 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, Counciltnembers shall tnake 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 Conunission agenda as items of business and must be approved by a majority of the City Council/Conununity Development Connnission) COUNCILMAN MIKE SPENCE 23) Request by Councilman Mike Spence Requesting Discussion on Revising Notification Requirements It is recommended that the City Council direct staff accordingly. Motion by second by to COUNCILMEMBER COREY WARSHAW 24) Request from Councilmember Corey Warshaw Requesting Additional Support for the Volunteer Community Wall Painting Project It is recommended that the City Council direct staff accordingly. Motion by second by to COUNCILMAN MIKE SPENCE 25) Request from Councilman Mike Spence Requesting the City Council's Support to Instruct City Staff to Prepare a Staff Report on the Election Versus Appointment of the City Clerk It is recommended, that the City Council direct staff accordingly. Motion by second by to 7 Agenda material is available at ivwiv.westeovina.org Tuesday March 03, 2015 26) Request from Councilman Mike Spence Requesting the City Council's Support to Instruct City Staff to Prepare a Staff Report on Placing a General Tax Increase on the Ballot 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 03/17/2015 7:00 PM RULES OF DECORUM The following are excerpts from the (Vest 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 councihnember 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 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. Agenda material is available at iviviv.ivestcovina.org