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07.07.15 CC Regular AgendaCITY OF WEST COVINA CITY COUNCIL TUESDAY JULY 07, 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 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 South, West Covina and at ivww.westcovina.orQ. 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. Tuesday July 07, 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 July 07, 2015 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY JULY 07, 2015, 7:00 PM REGULAR MEETING INVOCATION Pastor Mason Okubo Immanuel First Lutheran Church PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Kaiser Permanente Check Presentation for West Covina Police Explorers ORAL COMMUNICATIONS - Five (5) minutes per sneaker Please step forward to thepodium 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. ORDINANCES FOR ADOPTION 1) Ordinance Amending Section 15-32 of Article I of Chapter 15 of the West Covina 3 Agenda material is available at www.westcovina.org Tuesday July 07, 2015 Municipal Code Relating to Possession of Weapons This ordinance was introduced at the West Covina City Council meeting of June 16, 2015. The purpose of this ordinance is to amend Section 15-32 (Possession of Weapons of City Hall Prohibited) of Article I (General) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the West Covina Municipal Code, relating to weapons. The ordinance will take effect 30 days after its adoption on July 7, 2015 It is recommended that the City Council waive further reading and adopt the following ordinance: ORDINANCE NO. 2278 - AN ORDINANCE OF THE CITY COUNCIL 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 AWARD OF BID 2) Award of Contract for Del Norte Park Improvements (Project No. PP-14211) It is recommended that the City Council take the following actions: 1.) Award a contract to Principles Contracting, Inc., in the amount of $74,700 for the construction of Del Norte Park Improvements and authorize the City Manager and City Clerk to execute an agreement; and 2.) Transfer $87,000 from the un-appropriated Park Dedication Fee fund balance to City Project PP-14211 (Account No. 174.82.8432.7700), which includes contract amount ($74,700), contingencies ($7,470) and contract administration ($4,830). APPROVAL OF FINAL MAP 3) Approval of Final Maps Approval of Final Map for Tract Map No. 72579 Location: 3228, 3238, and 3244 Holt Avenue Subdivider: Oak Creek - Holt, Inc. It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF TRACT MAP NO. 72579 LOCATED AT 3228, 3238, AND 3244 HOLT AVENUE (OAK CREEK - HOLT, INC.) 4 Agenda material is available at www.westcovina.org Tuesday July 07, 2015 CITY MANAGER'S OFFICE 4) Cancelation of August 4, 2015 City Council Meeting It is recommended that the City Council cancel the August 4, 2015 City Council meeting due to National Night Out. 5) 2015 City Council Candidates Forum It is recommended that the City Council approve West Covina Improvement Association to utilize the City Council Chambers for a City Candidates Forum on October 13, 2015. 6) Audit of Athens Services Fee Structure and Franchise Agreement It is recommended that the City Council authorize the City Manager to execute a professional services agreement with Willdan Financial Services to conduct an audit of Athens Services Fee Structure and Franchise Agreement at a cost not to exceed $35,500. FINANCE DEPARTMENT 7) Fiscal Year 2015-16 Investment Policy It is recommended that the City Council adopt the City's Investment Policy for Fiscal Year 2015-16. 8) Cost Allocation Plan and Fee Study It is recommended that the City Council rescind the previously awarded contract to Revenue & Cost Specialists, LLC for a Fee and Charge Study in the amount of $38,000, and to allow staff to request new quotes. 9) Approval of Fund Balance Policy Implementing Governmental Accounting Standards Board '(GASB) Statement No. 54 and a Reserve Policy for the General Fund It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING A FUND BALANCE POLICY IMPLEMENTING GOVERNMENTAL ACCOUNTING STANDARDS BOARD (GASB) STATEMENT NO. 54 AND A RESERVE POLICY FOR THE GENERAL FUND 5 Agenda material is available at www.westcovina.org Tuesday July 07, 2015 FIRE DEPARTMENT 10) Reimbursement of Response Costs Under the California Fire Assistance Agreement It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, IDENTIFYING THE TERMS AND CONDITIONS FOR WEST COVINA FIRE DEPARTMENT RESPONSE AWAY FROM THEIR OFFICIAL DUTY STATION AND ASSIGNED TO AN EMERGENCY INCIDENT HUMAN RESOURCES 11) Commercial Property Insurance Coverage for Fiscal Year 2015-2016 It is recommended that the City Council approve the renewal of the City's property insurance coverage for FY 15-16 with The. Hanover Insurance Company at a cost of $39,786. POLICE DEPARTMENT 12) Private Grant (Kaiser Permanente) for Police Explorers It is recommended that the City Council accept the new Kaiser Permanente grant and appropriate $2,000 into 221.31.3110.6338. 13) Police Department Vehicle Equipment and Conversion Services It is recommended that the City Council take the following actions: 1.) In accordance with Municipal Code Chapter 2, . Article VII, Division 2, Sec. 2- 333(I)(2), and the findings of the West Covina Finance Department/Purchasing Officer, find that the County of San Bernardino's Request for Bid (RFB) # SHR115-ADMSR-1398 for safety vehicle equipment and installation services satisfies West Covina's bid process; and 2.) Authorize the Police Department to utilize West Coast Lights & Sirens for public safety vehicle equipment and conversion services through the term of the County of San Bernardino's contract (#15-225, through June 30, 2018). 14) Asset Forfeiture Funds for Dispatch Communication Console Equipment It is recommended that the City Council appropriate a total of $30,000 in federal asset forfeiture funds from the fund balance of Fund 117 into 117.31.3116.7130 for new dispatch console equipment. 6 Agenda material is available at www.westcovina.org Tuesday July 07, 2015 PUBLIC WORKS 15) Joint Letter Requesting the California Congressional Delegation to Support the Proposed "Water Quality Improvement Act of 2015" It is recommended that the City Council sign onto the joint letter requesting the California Congressional delegation's support of the "Water Quality Improvement Act of 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 16) Amendments to the Community Development Block Grant (CDBG) FY 2015-2016 Action Plan and FY 2015-2020 Strategic Plan a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is recommended that the City Council approve the proposed amendments to the CDBG FY 2015-2016 Action Plan and FY 2015-2020 Strategic Plan and authorize appropriations necessary to implement the amendments. Motion by second by to 17) FY 2015-2016 Community Development Block Grant (CDBG) Public Service Project Funding a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion 7 Agenda material is available at www.westcovina.org Tuesday July 07, 2015 f) Recommendation: It is recommended that the City Council allocate $129,065 in CDBG fluids to the Public Service Projects as outlined in Table 1 of the staff report and authorize the necessary appropriations. Motion by second by to 18) West Covina Citywide Sewer Service Charge a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is recommended that the City Council approve a 0.5 percent rate increase for Fiscal Year 2015-2016 and adopt the following resolution: RESOLUTION NO. 2015-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE RATE AND AUTHORIZING COLLECTION OF ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL Motion by second by to DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 19) 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 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 8 Agenda material is available at www.westcovina.org Tuesday July 07, 2015 E. Resolution No. 2015-50: Rebuttal Arguments for City Measure Motion by second by to PUBLIC WORKS 20) West Covina Landscape Maintenance District No. 1 Setting of Fiscal Year 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 WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2015 Motion by second by to 21) 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 FISCAL YEAR BEGINNING JULY 1, 2015 Motion by second by to 9 Agenda material is available at www.westcovina.org Tuesday July 07, 2015 MAYOR/COUNCILMEMBERS REPORTS COUNCILMAN MIKE SPENCE 22) Placement of a General Tax Increase on an Upcoming Ballot 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) MAYOR PRO TEM JAMES TOMA 23) Request from Mayor Pro Tem James Toma Requesting the City Council's Consensus to Instruct City Staff to Prepare a Report on Partnering with Los Angeles County on the Development of a Pedestrian Trail along Walnut Creek It is recommended that the City Council direct staff accordingly. Motion by second by to COUNCILMAN MIKE SPENCE 24) Request from Councilman Mike Spence Requesting the City Council's Consensus to Instruct City Staff to Prepare a Report Reviewing the Mayor's Authority to Sign Letters Supporting or Opposing Non-Agendized Items It is recommended that the City Council direct staff accordingly. Motion by second by to CITY COUNCIL COMMENTS 10 Agenda material is available at www.westcovina.org Tuesday July 07, 2015 ADJOURNMENT Next Tentative City Council Meeting Regular Meeting - CC 07/21/2015 7:00 PM 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 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. 11 Agenda material is available at www.westcovina.org