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06.16.15 CC AgendaCITY OF WEST COVINA CITY COUNCIL TUESDAY JUNE 16, 2015, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Fredrick Sykes Mayor Pro Tem James Toma Councilman Mike Spence Councilmember Corey Warshaw Councilmember Ben Wong Please turnoff 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.westcovinn.or . 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. Tuesday June 16, 2015 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. 2 Agenda material is available at www.westcovina.org Tuesday June 16, 2015 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY JUNE 16, 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 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 firom the Consent Calendar for separate discussion or action. 3 Agenda material is available at www.westcovina.org Tuesday June 16, 2015 CLAIMS AGAINST THE CITY 1) 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 respective attorneys be notified. Sarah August vs. City of West Covina Virgilio Benitez vs. City of West Covina Nancy Cruz -Biller vs. City of West Covina Dickson Dao vs. City of West Covina Richard Herrera vs. City of West Covina Leslie Le vs. City of West Covina Shangzhi Le vs. City of West Covina Deborah Warren vs. City of West Covina ORDINANCES FOR ADOPTION 2) Ordinance Repealing Section 15-19 of Article I of Chapter 15 of the West Covina Municipal Code Relating to Sex Offenders This ordinance was introduced at the West Covina City Council meeting of June 2, 2015. The purpose of this ordinance is to repeal Section 15-19 of Article I of Chapter 15 of the West Covina Municipal Code regarding sex offender residency and loitering restrictions. The ordinance will take effect 30 days after its adoption on June 16, 2015. It is recommended that the City Council waive further reading and adopt the following ordinance: ORDINANCE NO. 2275 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING SECTION 15-19 (SEX OFFENDER RESIDENCY AND LOITERING RESTRICTIONS). OF ARTICLE I (GENERAL) OF CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND SAFETY), RELATING TO SEX OFFENDERS 3) Proposed Bid Limit Changes as Established in the West Covina Municipal Code This ordinance was introduced at the West Covina City Council meeting of June 2, 2015. The purpose of this ordinance is to amend current Municipal Code regarding the bid limits. The ordinance will take effect 30 days after its adoption on June 16, 2015. It is recommended that the City Council waive further reading and adopt the following ordinance: 4 Agenda material is available at www.westcovina.org Tuesday June 16, 2015 ORDINANCE NO. 2276 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2, ARTICLE VII (PURCHASES AND SALES) INCREASING THE DOLLAR THRESHOLDS AS DEFINED IN SEC. 2-334 OF THE WEST COVINA MUNICIPAL CODE 4) Ordinance Approving Zone Change No. 14-03 This ordinance was introduced at the West Covina City Council meeting of June 2, 2015. The purpose of this ordinance is to approve Zone Change No. 14-03 for the property located at 424 S. Lark Ellen Avenue. The ordinance will take effect 30 days after its adoption on June 16, 2015. It is recommended that the City Council waive further reading and adopt the following ordinance: ORDINANCE NO. 2277 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 14-03 CITY MANAGER'S OFFICE 5) Annual Review of City Council Goals and Objectives Adopted in 2014 It is recommended that the City Council retain the services of Patchett & Associates to update the City Council Goals and Objectives adopted in 2014. FINANCE DEPARTMENT 6) Continuing of 2015-2016 Appropriations It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO CONTINUE APPROPRIATIONS CONSISTENT WITH THE 2014-2015 FISCAL YEAR CITY OF WEST COVINA, SUCCESSOR AGENCY TO THE WEST COVINA REDEVELOPMENT AGENCY, WEST COVINA COMMUNITY SERVICES FOUNDATION, INCORPORATED, AND LOCAL ENFORCEMENT AGENCY OPERATING BUDGETS UNTIL THE ADOPTION OF THE FISCAL YEAR 2015-2016 ANNUAL BUDGET HUMAN RESOURCES 7) Approve a Panel of Law Firms to Provide As -Needed Special Legal Services for General Liability and Workers' Compensation Matters It is recommended that the City Council take the following actions: 5 Agenda material is available at www.westcovina.org Tuesday June 16, 2015 1.) Approve the following panel of law firms to be retained by the City to provide as - needed special legal services for general liability matters: • Carpenter Rothans & Dumong • Lewis Brisbois Bisgaard & Smith • Liebert Cassidy Whitmore • Lynberg & Watkins 2.) Approve the following panel of law firms to be retained by the City to provide as - needed special legal services for workers' compensation matters: • Goldman Magdalin Krikes • Laughlin Falbo Levy Moresi • Lewis Brisbois Bisgaard & Smith • Samuelsen Gonzalez Valenzuela & Brown 3.) Authorize the City Manager to negotiate and execute 3-year retainer agreements with two (2) one-year renewal options with all City Council approved law firms for as - needed special legal services for general liability and workers' compensation matters. Said agreements shall be effective July 1, 2015 and amendable at any time upon the agreement of both parties. 8) Selection and Award of Contract to a Third Party Administration Firm to Provide Full Service to the City's Self -Insured Workers' Compensation Program It is recommended that the City Council take the following actions: 1.) Authorize the City Manager to finalize and execute a three-year contract with two (2) one-year renewal options pursuant to RFP 0415-A with York Risk Services Group, Inc., effective July 1, 2015; and 2.) Authorize the City Manager to execute a two -month contract extension with CorVel Corporation to allow an effective transition of the City's workers' compensation program from CorVel Corporation to York Risk Services Group, Inc. Said contract extension shall extend the City's contract with CorVel Corporation to August 31, 2015. The extension shall be terminable at any time prior to August 31, 2015 and all costs incurred during the extension period shall be prorated with the actual termination date of the contract. POLICE DEPARTMENT 9) 2014-2015 Supplemental Law Enforcement Services Account (SLESA) Funds It is recommended that the City Council: 1.) Appropriate the 2014-15 Supplemental Law Enforcement Services Account (SLESA) funds, totaling an estimated $170,283, as follows: 6 Agenda material is available at www.westcovina.org Tuesday June 16, 2015 • $10,000 into 155.31.3110.6120 for Lexipol services • $49,783 into 155.31.3110.6220 for police supplies including surveillance items, weapons components, specialized ammunition, and tactical supplies • $110,500 into 155.31.3110.7160 for door access security system components for the Police Station, and for vehicle mounted equipment 2.) Authorize the transfer of the remaining balance of previously appropriated FY 2013- 14 SLESA funds between accounts for overtime, supplies, and equipment in order to expedite expenditures that must be completed by the end of this fiscal year. 10) Award of Bid - Honda Vehicles for Detectives It is recommended that the City Council: 1.) Find that Norm Reeves Honda West Covina is the lowest priced, responsible bidder for the four Honda vehicles for Detectives; and 2.) Approve a purchase order agreement with Norm Reeves Honda West Covina totaling $139,175.12, from account 117.31.3130.7170 PUBLIC WORKS 11) West Covina Landscape Maintenance District No. 1 Setting of 2015-2016 Assessment Rate It is recommended that the City Council adopt the following resolution, which provides for the assessment rates to be maintained at their current rate of 11.88 cents per 100 dollars of assessed valuation: RESOLUTION NO. 2015-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ASSESSMENT FOR THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2015 12) West Covina Landscape Maintenance District No. 2 Setting of 2015-2016 Assessment Rate It is recommended that the City Council adopt the following resolution, which provides for the assessment rates to be maintained at their current rate of 6.43 cents per 100 dollars of assessed valuation: RESOLUTION NO. 2015-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ASSESSMENT FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2015 7 Agenda material is available at www.westcovina.org Tuesday June 16, 2015 13) Participation in Upper San Gabriel River (USGR) Enhanced Water Management Program (EWMP) and Coordinated Integrated Monitoring Program (LIMP), and Countywide Harbor Toxic Total Maximum Daily Load (TMDL) Monitoring Program It is recommended that the City Council take the following actions: 1.) Approve agreement with MWH Americas, Inc. in the amount of $154,060 for the development of West Covina -specific sections of the Upper San Gabriel River EWMP and CIMP; and 2.) Approve Memorandum of Understanding (MOU) with the County of Los Angeles regarding administration and cost sharing for implementing CIMP; and 3.) Approve agreement with the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA) regarding City of West Covina's participation in the Harbor Toxic TMDL Monitoring 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, Wong, Sykes END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 14) West Covina Auto Plaza Business Improvement District 2015-2016 Annual Report and Assessment a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CONFIRMING THE ANNUAL REPORT FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR I�Y40.34 d3Ww 1jN•I►1jr$1 Agenda material is available at www.westcovina.org Tuesday June 16, 2015 Motion by second by to 15) West Covina Citywide Lighting and Maintenance District Public Hearing a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE PLANS, SPECIFICATIONS, ESTIMATES, DIAGRAM AND ASSESSMENTS CONTAINED THEREIN; ORDERING LIGHTING FIXTURES AND ELECTRICAL CURRENT TO BE FURNISHED FOR LIGHTING FIXTURES AND TO ORDER STREET TREES TO BE INSTALLED AND MAINTAINED IN THE WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT FOR FISCAL YEAR BEGINNING JULY 1, 2015 Motion by second by to DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 16) Ballot Measure Regarding City Manager Qualifications, Recruitment, Hiring and Removal and Resolutions Calling for Election and Requesting Consolidation Services with Los Angeles County for the November 3, 2015 General Municipal Election It is recommended that the City Council take the following actions: 1.) Place a measure on the November 3, 2015 ballot to revise the voter enacted ordinance regarding qualifications, recruitment, hiring, and removal of the City Manager; and 2.) Adopt the following resolutions related to the November 3, 2015 General Municipal Election: A. Resolution No. 2015-34: Calling the November 3, 2015 General Municipal Election 9 Agenda material is available at www.westcovina.org Tuesday June 16, 2015 B. Resolution No. 2015-35: Requesting Election Services from the County C. Resolution No. 2015-36: Regulating Candidate's Statements D. Resolution No. 2015-49: Arguments and Impartial Analysis of City Measure E. Resolution No. 2015-50: Rebuttal Arguments for City Measure Motion by second by to PUBLIC WORKS 17) West Covina Landscape Maintenance District No. 7 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7; ORDERING LANDSCAPING MAINTENANCE, RENOVATION, AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2015 Motion by second by to MAYOR/COUNCILMEMBERS REPORTS COUNCILMAN MIKE SPENCE 18) Amending Section 15-32 of Article I of Chapter 15 of the West Covina Municipal Code Relating to Possession of Weapons It is recommended that the City Council consider whether it wishes to make changes to Section 15-32, and if so, introduce, give first reading to, and waive further reading of the following ordinance: ORDINANCE NO. 2278 - AN ORDINANCE OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 15-32 (POSSESSION OF WEAPONS AT CITY HALL PROHIBITED) OF ARTICLE I (GENERAL) OF CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND SAFETY), RELATING TO POSSESSION OF WEAPONS Motion by second by introduce disapprove hold over ROLL CALL: Spence, Toma, Warshaw, Wong, Sykes 10 Agenda material is available at www.westcovina.org Tuesday June 16, 2015 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) CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting — City Council July 7, 2015 7:00 p.m. 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 the Penal Code 11 Agenda material is available at www.westeovina.org Tuesday June 16, 2015 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. 12 Agenda material is available at www.westeovina.org