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03/17/15 CC Regular AgendaCITY OF WEST COVINA CITY COUNCIL TUESDAY MARCH 17, 2015517:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 Mayor Fredrick Sykes Mayor Pro Tem James Toma 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 ipivw.westcovina.or-g. 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 fist 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 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. Tuesday March 17, 2015 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY MARCH 17, 2015, 7:00 PM REGULAR MEETING INVOCATION Pastor Samuel Martinez Christian Faith Center PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Recognition of West Covina Girls Softball - 8UAll--Stars Northern District Champions Check Presentation from Starwood (Plaza West Covina) 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. APPROVAL OF MEETING MINUTES (receive & file) 1) December 2, 2014 Special City Council Meeting Minutes December 2, 2014 Regular City Council Meeting Minutes COMMISSION SUMMARY OF ACTIONS (receive & file) 2) November 11, 2014 Community and Senior Services Commission Summary of Actions March 10, 2015 Planning Commission Summary of Actions 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. 2 Agenda material is available at wwiv.westcovina.org Tuesday March 17, 2015 Leslie Le vs. City of West Covina Melva Nickleberry vs. City of West Covina Alan Romero vs. City of West Covina Luis Hernandez vs. City of West Covina TREASURER'S REPORT (receive & file) 4) Revised City Treasurer's Report for the Quarter Ended December 31, 2014 It is recommended that the City Council receive and file this report. CITY ATTORNEY'S OFFICE 5) Options for Filling Vacancy of City Council Seat by Appointment or by Calling for a Special Election It is recommended that the City Council review the options set forth and either fill the vacancy of the City Council seat by appointment or fill the seat by conducting a special election. CITY MANAGER'S OFFICE 6) Selection of Executive Search Firm for the Recruitment of City Manager It is recommended that the City Council authorize the following: 1. The selection of Roberts Consulting Group, Inc. for the recruitment of City Manager for an amount not to exceed $24,000; and 2. The appropriation of $24,000 from General Fund Reserves and depositing the funds into account 110. 11. 1120.6120 (Other Contractual Services) for the cost of recruiting for the City Manager position. COMMUNITY DEVELOPMENT COMMISSION 7) Opposition of Governor's Budget Trailer Bill Proposal Affecting Redevelopment Dissolution It is recommended that the City Council oppose the Governor's Budget Trailer Bill Affecting Redevelopment Dissolution, and authorize the Mayor to execute a letter to West Covina's legislative representatives stating West Covina's opposition. 8) Penske Audi Soundwall It is recommended that the City Council authorize the City Manager to approve the extension request by Penske Audi to complete construction of the masonry block wall on the property pursuant to the executed Agreement for Construction and Maintenance of a Soundwall between the City of West Covina and Penske Audi. FIRE DEPARTMENT 9) 2013 State Homeland Security Grant Program Funds for Fire Ground Survival Train the Trainer It is reconn-nended that the City Council accept and appropriate the 2013 State Homeland Security Grant Program (SHSGP) grant totaling $10,154 into Account No. 227.32.xxxx.5113:(Personnel) for Fire Ground Survival Train the Trainer. POLICE DEPARTMENT 10) Award of Bid - Foreclosure Consultant Ordinance 3 Agenda Material is available at www.westcovina.org Tuesday March 17, 2015 It is recommended that the City Council take the following actions: 1. Find that Nationwide Cost Recovery Services of Diamond Bar, CA is the sole responsive and qualified vendor to administer the City of West Covina's Foreclosure Ordinance; and 2. Authorize City staff to execute Purchase Order agreements with Nationwide Cost Recovery Services to provide services through to the expiration of the Foreclosure Ordinance, and authorize the Mayor of the City of West Covina to execute related agreements. 11) West Covina Police Department Fallen Officer Memorial Street Signs It is recommended that the City Council approve the placing of three memorial signs honoring the West Covina Police Department's fallen Officers. 12) Asset Forfeiture Funds for Supplies and Police Station Repairs It is recommended that the City Council take the following actions: 1. Appropriate a total of $163,000 in federal asset forfeiture funds from the fund balance of Fund 117, as follows: $79,000 into 117.31.3110.6120 for emergency air duct repairs to the Police Station, and multi -agency police radio interoperability maintenance and service fees; $46,000 into 117.31.3119.6272 for new computer software items supporting Police Department operations; $38,000 into 117.31.3110.7170 to install recently purchased radios into Police vehicles. 2. In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330(b), which states that the City Council can dispense with the bidding process when and emergency exists, or when procedures are impracticable, waive the bid process and authorize Mechado Environmental to perform air duct repair and cleaning services at the Police Station, totaling an estimated $45,000, from account 117.31.3110.6120. PUBLIC WORKS 13) Release of Performance, Labor, and Material Bonds for Precise Plan 12-02 Location: 3041-3133 East Garvey Avenue North It is reconnnnended that the City Council accept all on and off -site improvements for Precise Plan No. 12-02 (LA Fitness), and authorize the release of Faithful Performance and Labor and Material Bonds No. 4384048 by SureTec Insurance Company in the amounts of $279,930.00 and $37,201.00 respectively. 14) Participation in the California Contract Cities Association (CCCA) and the Los Angeles County Division of the League of California Cities Stormwater Funding Options Study It is recommended that the City of West Covina join with 45 other cities in the Los Angeles County and participate in the shared funding of the Stormwater Funding Options Study. 15) Amend Volunteer Wall Painting Program It is recommended that the City Council approve the Volunteer Wall Painting Program. 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 4 Agenda material is available at www.westeovina.org Tuesday March 17, 2015 END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 16) Priorities for the Development of a Draft FY 2015-2020 Community Development Block Grant (CDBG) Consolidated Plan It is recommended that the City Council direct staff to develop a draft FY 2015-2020 Consolidated Plan, which incorporates the priorities detailed in Table #1 of the staff report. Motion by second by approve disapprove hold over ROLL CALL: Spence, Toma, Warshaw, Sykes DEPARTMENTAL REGULAR MATTERS CITY CLERK'S OFFICE 17) An Ordinance Amending Sections 2-67, 2-68 and 2-69(a) of the West Covina Municipal Code Regarding Appointment, Removal, Vacancies and Terms of Commissioners It is recommended that the City Council introduce, read by only and waive further reading of the following Ordinance: ORDINANCE NO. 2273 - AN ORDINANCE OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTIONS 2-67, 2-68 AND 2-69(a) OF CHAPTER 2, ARTICLE III, OF THE WEST COVINA MUNICIPAL CODE REGARDING APPOINTMENT AND TERMS OF COMMISSIONERS Motion by second by introduce disapprove hold over ROLL CALL: 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 at p.m. The City Council reconvened at in. MAYOR/COUNCILMEMBERS REPORTS COUNCILMAN MIKE SPENCE 18) Request from Councilman Mike Spence Requesting Discussion on Revising Notification Requirements It is recommended that the City Council direct staff accordingly. Motion by second by to 5 Agenda material is available at www.westcoviiia.org Tuesday March 17, 2015 MAYOR PRO TEM JAMES TOMA 19) Prohibition of Smoking at City Parks and other Public Facilities It is reconunended 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) COUNCILMAN MIKE SPENCE 20) Request from Councilman Mike Spence Requesting the City Council's Support to Instruct City Staff to Prepare a Staff Report on a Moratorium on Mitigation Fees for Commercial Development It is recommended that the City Council direct staff accordingly. Motion by second by to CITY COUNCIL COMMENTS G��ITI ` ► 1/ A \ Next Tentative City Council Meeting Regular Meeting - CC 04/07/2015 7:00 p.m. RULES OF DECORUM The following are excerpts front 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 lnnit 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 6 Agenda material is available at www.westcovina.org Tuesday March 17, 2015 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 folloWng 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. 7 Agenda material is available at www.westcoviiia.org