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09-15-2015 - RegularF1 CITY OF WEST COVINA CITY COUNCIL TUESDAY SEPTEMBER 15, 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 www.westcovina.orp. 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. I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF9 11 S-7l !;WAS POSTED IN ACCORD E MTH7 BROWN ACT AMENDMENT OFFICEOF THE CITY CLERK Tuesday September 15, 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. R ULES 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. Agenda material is available at www.westeovina.org Tuesday September 15, 2015 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY SEPTEMBER 15, 2015, 7:00 PM REGULAR MEETING INVOCATION Pastor Kelly Dupee West Covina Police Chaplain PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Proclamation proclaiming the Week of October 4-10, 2015 as Fire Prevention Week Recognition of City Commissioners - Tammy Lindquist (Community & Senior Services Commission), Darlene Montes (Human Resources Commission), Gerald Menefee & Aurora "Betty" Valles (Planning Commission) ORAL COMMUNICATIONS - Five (5) minutes per speaker Please step forward to the podium and state your name and city ofresidence for the record when recognized by the Mayor. Agenda material is available at www.westcovina.org Tuesday September 15, 2015 DEPARTMENTAL REGULAR MATTERS CITY MANAGER'S OFFICE 1) City Manager Employment Agreement It is recommended that the City Council approve the employment agreement with Chris Freeland for the position of City Manager of the City of West Covina. Motion by second by approve disapprove hold over CITY MANAGER SWEARING -IN Administration of the Oath of Office to the newly appointed City Manager. 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 specijic items to be removed from the Consent Calendar jar separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 2) February 17, 2015 Special City Council Meeting Minutes February 17, 2015 Special Successor Agency Meeting Minutes February 17, 2015 Regular City Council Meeting Minutes February 17, 2015 Regular Successor Agency Meeting Minutes March 3, 2015 Special City Council Meeting Minutes March 3, 2015 Regular City Council Meeting Minutes March 3, 2015 Regular Successor Agency Meeting Minutes 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 respective attorneys be notified: Jose Valenzuela vs. City of West Covina Sylvia Moran vs. City of West Covina Agenda material is available at www.westeovina.org Tuesday September 15, 2015 TREASURER'S REPORT (receive & file) 4) City Treasurer's Report for the Month Ended July 31, 2015 It is recommended that the City Council receive and file this report. CITY MANAGER'S OFFICE 5) Appointment of City Commissioner by Councilman Mike Spence It is recommended that the City Council receive and file this informational report. late .1►[411*11 M71_011 dull -Ow 6) Approve Renewal of Letters of Credit for the Successor Agency's 1988 Lease Revenue Refunding Bonds (The Lakes Parking Project) and the Authority's Variable Rate Lease Revenue Bonds 2004 Series A and B (Golf Course Project) It is recommended that the City Council approve a First Amendment to Reimbursement Agreement for the Successor Agency to the Redevelopment Agency of the City of West Covina's 1988 Lease Revenue Refunding Bonds (The Lakes Parking Project) and a First Amendment to Reimbursement Agreement for the West Covina Public Financing Authority's Variable Rate Lease Revenue Bonds, 2004 Series A and B (Golf Course Project) and authorize the Interim City Manager to execute all necessary documents by adopting the following resolution: RESOLUTION NO. 2015-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF TWO AMENDMENTS TO REIMBURSEMENT AGREEMENTS AND THE TAKING OF OTHER CERTAIN ACTIONS IN CONNECTION THEREWITH 7) Revised Amendment to Reimbursement Agreement for the Renewal of the Letter of Credit for the 1999 Tax Allocation Bonds It is recommended that the West Covina Public Financing Authority Board approve the revised First Amendment to Reimbursement Agreement for the Taxable Variable Rate Demand Tax Allocation Bonds, Series 1999 and authorize the Interim Executive Director to execute all necessary documents by adopting the following resolution: RESOLUTION NO. 2015-71 - A RESOLUTION OF THE PUBLIC FINANCING AUTHORITY OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING RESOLUTION NO. 2015-65 AND AUTHORIZING THE EXECUTION AND DELIVERY BY THE AUTHORITY OF A FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT AND THE TAKING OF CERTAIN ACTIONS IN CONNECTION THEREWITH 5 Agenda material is available at www.westcovina.org Tuesday September 15, 2015 8) FY 15/16 Budget Amendment It is recommended that the City Council approve the proposed FY 15/16 Budget Amendment. 9) Mach 1 Consulting Services Agreement It is recommended that the City Council approve an "on call" agreement with Mach 1 Consulting in an amount not to exceed $35,000 to provide consulting services on an as needed basis to the City of West Covina as directed by the City Manager and appropriate fund balance from the General Fund. 9114191"151'.t U ►1 10) Asset Forfeiture Funds for Police Vehicles, Services, Equipment, and Supplies It is recommended that the City Counl it take the following actions: 1.) Appropriate a total of $1,397,481 in federal asset forfeiture funds from the fund balance of Fund 117, as follows: i • $165,475 into 117.31.3120.7170 for the partial purchase and equipping of 5 new Ford Police Interceptor Utility vehicles, including warranties, service plans, taxes, and fees. (Partial vehicle replacement funding was previously approved in the FY 2015-16 budget); • $70,000 into 117.31.3121.7170 for the purchase and equipping of Police motorcycles; • $304,631 into 117.31.3110.7170 for the purchase of a BearCat vehicle; • $325,000 into 117.31.3110.71130 for mobile computers and accessories; • $311,375 into 117.31.3119.6120 for continued police information technology services, and computer architecture services for the CAD-RMS rewrite; • $165,000 into 117.31.3120.7160 for vehicle mounted cameras; and • $56,000 into 117.31.3110.6220 for other law enforcement supplies. 2.) Appropriate an additional $8,764 in available vehicle replacement funds from the fund balance of fund 367 into 367.80.7008.7170. 3.) 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 City of Los Angeles' Request for Quotation (RFQ) #EV4452 for Ford Police Interceptor Utility vehicles satisfies West Covina's bid process and authorize the purchase of a total of five (5) vehicles per specifications, directly from Wondries Fleet Group of Alhambra for a total of $184,885, including warranties, service plans, taxes and fees, from accounts 117.31.3120.7170 and 367.80.7008.7170. 6 Agenda material is available at www.westcovina.org Tuesday September 15, 2015 4.) In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333 (b), which states that bidding may be dispensed with when the commodity can be obtained from only one (1) vendor, authorize the purchase of an equipped Lenco Bearcat directly from Lenco Armored Vehicles for a total of $304,631, from account 117.31.3110.7170. 5.) In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (c), which states that professional services, including computer consultants, are exempt from bidding procedures, approve an Information Technology Infrastructure Service Agreement for up to $150,000 with Scientia Consulting Group, for continued specialized police information technology services, from account 117.31.3110.6120, and authorize the Mayor to execute the agreement. 6.) In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (c), which states that professional services, including computer consultants, are exempt from bidding procedures, staff recommends that the City Council approve a computer infrastructure design agreement with IDesign, Inc., for the WCSG CAD-RMS rewrite, for $161,375 from account 117.31.3119.6120, and authorize the Mayor to execute the related agreements. PUBLIC WORKS 11) Release of Faithful Performance and Labor and Material Bonds for Precise Plan No. 13-01 Location: 122 and 131 North Lang Avenue It is recommended that the City Council accept all on -site and off -site improvements for Precise Plan No. 13-01 (Orange Medical Plaza) and authorize the release of Faithful Performance and Labor and Material Bonds No. 4389617 by SureTec Insurance Company in the amounts of $21,000 and $18,000, respectively. ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented ROLL CALL: Spence, Toma, Warshaw, Wong, Sykes END OF CONSENT CALENDAR Agenda material is available at www.westcovina.org Tuesday September 15, 2015 DEPARTMENTAL REGULAR MATTERS COMMUNITY SERVICES DEPARTMENT 12) Application for the CPRS Healthy Play Matching Grant for Cameron Park Inclusive Playground It is recommended that the City Council take the following actions: 1.) Adopt the following resolution, committing to match funds provided by California Park and Recreation Society (CPRS), Playcore and Gametime to build a new inclusive playground at Cameron Park: RESOLUTION NO. 2015-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, COMMITTING THE USE OF PARK DEDICATION FUNDS FOR THE CONSTUCTION - OF A NEW INCLUSIVE PLAYGROUND AT CAMERION PARK 2.) Appropriate $220,000 of Park Development Fees from Fund 174 for the construction of a new inclusive playground at Cameron Park. Motion by second by approve disapprove hold over PLANNING DEPARTMENT 13) Consideration of Adoption of Impact Fees It is recommended that the City Council consider the Development Impact Fee Study completed by Economic and Planning Systems, Inc. (EPS) and determine if it is appropriate to adopt a resolution to initiate a Code Amendment to establish standards for a development impact fee program. Motion by second by approve disapprove hold over PUBLIC WORKS 14) Award of Bid for Residential Streets Rehabilitation (Project No. SP-15106) It is recommended that the City Council accept the bid of Sully -Miller Contracting Company of Brea, California in the amount of $494,890.12 as submitted at the bid opening on August 25, 2015, and authorize the City Manager and City Clerk to execute an agreement with Sully -Miller Contracting Company for the work to be done. 8 Agenda material is available at www.westcovina.org Tuesday September 15, 2015 Motion by second by approve disapprove hold over MAYOR/COUNCILMEMBERS REPORTS COUNCILMAN MIKE SPENCE 15) Alternative Work Week Schedules It is recommended that the City Council receive and file this information request. Motion by second by to COUNCILMEMBER BEN WONG 16) Implementation of Vote Recount Policy It is recommended that the City Council provide City staff direction on this matter. Motion by second by to AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councilmembers shall make a briefreport or file a written report on any meeting/even(/conference attended at City expense.) (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 17) Request from Councilman Mike Spence Requesting the City Council's Consideration of Taking a Position on Senate Bill 417: Law Enforcement: United States Immigration and Customs Enforcement Holds It is recommended that the City Council direct staff accordingly. Motion by second by to 9 Agenda material is available at www.westcovina.org Tuesday September 15, 2015 18) Request form Councilman Mike Spence on a Report Regarding the Updating of the City's Current Taxi Policy It is recommended that the City Council direct staff accordingly. Motion by second by to COUNCILMEMBER COREY WARSHAW 19) Request from Councilmember Corey Warshaw Requesting the City Council's Consensus to Instruct City Staff to Develop a Policy for the Review and Payment of Legal Fees It is recommended that the City Council instruct City staff to develop a policy for the review and payment of legal fees. Motion by second by to CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Closed Session 10/06/2015 6:00 PM I RULES OF DECORUM I 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. 10 Agenda material is available at www.westeovina.org Tuesday September 15, 2015 (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 (S1,000), 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.westeovina.org