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05-05-2015 - ClosedI CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OFS-/ s-11 SIVAS POSTED IN ACCORDANCE INITH THE 01/87 BROWN ACT AMENDMENT D: CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY MAY 05, 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 Tern James Toma Councilman Mike Spence Councilmember Corey Warshaw Councilmember Ben Wong 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) from 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) State of California Department of Transportation v. West Covina Successor Agency, et al. [Westfield Mall] Tuesday May 05, 2015 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code 54956.9(41) State of California Department of Transportation v. West Covina Successor Agency, et al. [Lakes Office Complex] CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) City of West Covina Successor Agency, et al. V. Cohen, et al. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Mauk, Freeland • Employee Organizations - W.C. Police Officers' Association - W.C. Firefighters' Management Assoc. - W.C. Firefighters' Association, I.A.F.F., Local 3226 ADJOURNMENT 2 Agenda material is available at www.westcovina.org CITY OF WEST COVINA CITY COUNCIL TUESDAY MAY 05, 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 Councilman Mike Spence Councilmember Corey Warshaw Councilmember Ben Wong Please turn offal! cell phones and other electronic devices prior to entering the Council Chambers AMERICANS WITH DISABILITIES ACT The City compiles 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 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 boards, as necessary. I CEFMFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF 5'EPS" WAS POSTED IN ACCORDAN'E 01/87 BROWN ACT AMENDMENT 12.69 S'7-\ •CdE OF THE GI CLERK Q9-J U4 4 Tuesday May 05, 2015 PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL (Per WCA/1C 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. 2 Agenda material is available at www.westcovina.org Tuesday May 05, 2015 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY MAY 05, 2015, 7:00 PM REGULAR MEETING INVOCATION Pastor Grace Wabuke Faith Community Church PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS None. 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. COMMISSION SUMMARY OF ACTIONS (receive & file) 1) April 28, 2015 Planning Commission Meeting 3 Agenda material is available at www.westcovina.org Tuesday May 05, 2015 CLAIMS AGAINST THE CITY 2) 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 so notified. • West Covina Unified School District vs. City of West Covina • Dickson Dao vs. City of West Covina TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 3) April 21, 2015 Traffic Committee Minutes It is recommended that the City Council accept and file the minutes of the Traffic Committee meeting held on April 21, 2015. CITY MANAGER'S OFFICE 4) Cancellation of May 19, 2015 City Council Meeting It is recommended that the City Council cancel the May 19, 2015 City Council meeting due to lack of anticipated quorum. FIRE DEPARTMENT 5) Authorization for Fireworks Display It is recommended that the City Council grant the following fireworks display: 1. Edgewood High School Graduation Ceremony on June 1, 2015 2. West Covina High School Graduation Ceremony on June 2, 2015 3. City of West Covina Independence Day Celebration on July 4, 2015 HUMAN RESOURCES 6) Adopting a New Memorandum of Understanding (MOU) and Amending Compensation and Benefits for the West Covina Mid-Management Employee Association It is recommended that the City Council adopt the following resolution: 4 Agenda material is available at www.westeovitta.org Tuesday May 05, 2015 RESOLUTION NO. 2015-31 - 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 MID- MANAGEMENT EMPLOYEE ASSOCIATION AND AMENDING COMPENSATION AND BENEFITS FOR THE MID-MANAGEMENT ASSOCIATION POLICE DEPARTMENT 7) Award of Bid - Police Computer Data Storage Solution It is recommended that the City Council find that Impex Technologies of El Segundo is the sole responsive and qualified bidder for the Police Department's computer data flash storage solution, and authorize a purchase order totaling $163,344 using asset forfeiture funds previously appropriated for this purpose, in account 117.31.3119.7130. PUBLIC WORKS 8) Citywide Lighting and Maintenance District Preliminary Approval of the Engineer's Report It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 16, 2015 TO APPROVE CITYWIDE ASSESSMENTS COMMENICNG IN FISCAL YEAR 2015-2016 TO FUND THE OPERATION AND MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE DISTRICT 9) Civil Design Services for Veterans Memorial Public Art Project at the West Covina Civic Center It is recommended that the City Council take the following actions: I. Accept the proposal from Community Works Design Group (CWDG) in the amount of $12,760 for the preparation of Civil Design and Construction Documents for the City of West Covina Veterans Memorial; and 2. Approve a contract with Community Works Design Group and authorize the City Manager and City Clerk to execute the contract. 5 Agenda material is available at www.westeovina.org Tuesday May 05, 2015 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, Wong, Sykes END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 10) City of West Covina FY 2015-2020 Community Development Block Grant (CDBG) Consolidated Plan a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion 0 Recommendation: It is recommended that the City Council approve the proposed FY 2015-2020 CDBG Consolidated Plan. Motion by second by to DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 11) An Ordinance Amending Sections 2-67, 2-68 and 2-69(a) Adding Section 2-69(e) of the West Covina Municipal Code Regarding Appointment, Removal, Vacancies and Terms of Commissioners It is recommended that the City Council introduce, read by title and waive further reading of the following Ordinance: ORDINANCE NO. 2273 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTIONS 2-67, 2-68 AND 2-69(a) AND ADDING SECTION 2-69(e) OF CHAPTER 2, ARTICLE III, OF THE WEST COVINA MUNICIPAL CODE REGARDING APPOINTMENT AND TERMS OF 6 Agenda material is available at www.westcovina.org Tuesday May 05, 2015 COMMISSIONERS Motion by second by introduce disapprove hold over ROLL CALL: Spence, Toma, Warshaw, Wong, Sykes MAYOR/COUNCILMEMBERS REPORTS COUNCILMAN MIKE SPENCE 12) Development of Policy/Code Amendment on Establishing Courtesy Notification Standards for Code Amendments It is recommended that the City Council direct staff accordingly. Motion by second by to 13) Mitigation Fees for Commercial Development It is recommended that the City Council direct staff accordingly. Motion by second by to 14) Review of Section 15-32 of the West Covina Municipal Code Related to Possession of Weapons at City Hall Being Prohibited 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 4f- 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.) 7 Agenda material is available at www.westcovina.org Tuesday May 05, 2015 COUNCILMAN MIKE SPENCE 15) Request from Councilman Mike Spence Requesting the City Council's Support to Instruct City Staff to Prepare a Staff Report on the Role of the Mayor 1t is recommended that the City Council direct staff accordingly. Motion by second by to MAYOR PRO TEM JAMES TOMA 16) Request from Mayor Pro-Tern James Toma for City Council's Consideration to Discuss the Recently Mandated Statewide Water Restrictions It is recommended that the City Council direct staff accordingly. Motion by second by to CITY COUNCIL COMMENTS ADJOURNMENT RULES OF DECORUM The following are excerpts from the West Covina Municipal Cade: 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 8 Agenda material is available at www.westcovina.org Tuesday May 05, 2015 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. 9 Agenda material is available at www.westeovina.org