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11-17-2015 - RegularCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY NOVEMBER 17, 2015, 7:00 PM REGULAR MEETING - CLOSED SESSION CITY MANAGER'S CONFERENCE ROOM 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 Mayor Fredrick Sykes Mayor Pro Tem 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 South, 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. IC!" W117_1 ROLL CALL PUBLIC COMMENTS ON ITEMS ON THE AGENDA I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF A h -7119h'AS POSTED IN ACCORDA<�CE THE 01187 BROWN ACT AMENDMENT i OFFICE 0 E I Tuesday November 17, 2015 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code & 54956.8 Property: 1360 W. Garvey Avenue South Agency Negotiator: Freeland Negotiating Parties: Kirk Cartozian, Cartozian Associates Under Negotiation: Terms of Lease CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Successor Agency to the Former West Covina Community Development Commission, et al. v. Michael Cohen, et al. (Third District Court of Appeal Case No. C076510) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION: INITIATION OF LITIGATION Pursuant to Government Code 54956.9(d)(4) Number of Cases: One (1) LIABILITY CLAIMS Pursuant to Government Code & 54956.95 Claimant: Lamar Martin CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code & 54957.6 City Negotiators: Freeland, Bokosky, Barlow • Employee Organizations - W.C. Police Officers' Association ADJOURNMENT Agenda material is available at www.westeovina.org CITY OF WEST COVINA CITY COUNCIL TUESDAY NOVEMBER 17, 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.westeovina.or2. 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 OF I 1 1771 /3SNAS POSTED IN AACCCCOORD{A�NN JE H THE 01187 BROWN ACT AMENDMENT �� OFFICE OF THE CITY CLETZC� Tuesday November 17, 2015 PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL. (Per WCMC 2-48, Ordinance No. 2/50) 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. Agenda material is available at www.westcovina.org Tuesday November 17, 2015 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY NOVEMBER 17, 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 Presentation of the Key to the City to CW Network & CBS Network for "My Crazy Ex - Girlfriend" Introduction of New Senior Center Recreation Services Supervisor Susie Perez Recognition of Veterans Wall Volunteers - Glenn Kennedy & Andy McIntyre 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. 3 Agenda material is available at www.westcovina.org Tuesday November 17, 2015 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 ofthese items unless members of the Chy 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) June 2, 2015 Regular City Council Closed Session Meeting Minutes June 2, 2015 Regular City Council Meeting Minutes June 16, 2015 Regular City Council Meeting Minutes June 16, 2015 Regular City Council Closed Session Meeting Minutes July 7, 2015 Regular City Council/Successor Agency Closed Session Meeting Minutes CLAIMS AGAINST THE CITY 2) Government Tort Claim Denials (receive & file) It is recommended that the City Council deny the following Government Tort claims and the claimants and/or their respective attorneys be notified: Norma Ortiz vs. City of West Covina Angela Pinzon vs. City of West Covina Nicholas Tardif vs. City of West Covina Charlie Yee vs. City of West Covina ORDINANCES FOR ADOPTION 3) Repeal of Ordinance No. 2256 Prohibiting Approvals for the Operation of Adult Oriented Businesses This ordinance was introduced at the West Covina City Council meeting of October 20, 2015. City Council adopted Ordinance No. 2283 during the Council meeting of October 20, 2015, revising the standards in the Municipal Code for Adult Oriented Businesses. The purpose of Ordinance No. 2284 is to repeal Ordinance No. 2256 which repeals the current moratorium on the approval of Adult Oriented Businesses. The ordinance will take effect 30 days after its adoption on November 17, 2015. It is recommended that the City Council waive further reading and adopt the following ordinance: ORDINANCE NO. 2284 - AN ORDINACE OF THE CITY COUNCIL OF THE CITY 01, WEST COVINA, CALIFORNIA, REPEALING ORDINANCE NO. 2256 PROHIBITING APPROVALS FOR THE OPERATION OF ADULT ORIENTED BUSINESSES 4 Agenda material is available at www.westeovina.org Tuesday November 17, 2015 4) Ordinance Adopting Article XI (Local Officer Elections) of Chapter 2 (Administration) Relating to City Officer Election Recounts This ordinance was introduced at the West Covina Special City Council meeting of October 27, 2015. The purpose of this ordinance is to encourage residents to run for local office and reduce the potential impacts to the City and its citizens of inaccurate vote counting. The City wishes to establish an ordinance allowing the City to reimburse the costs of recounts in any election involving city officials where the margin of victory for the winning candidate over the losing candidate for a single seat is less than one-half of one percent of the ballots cast. The ordinance will take effect 30 days after its adoption on November 17, 2015. It is recommended that the City Council waive further reading and adopt the following ordinance: ORDINANCE NO. 2285 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING ARTICLE XI (LOCAL OFFICER ELECTIONS) OF CHAPTER 2 RELATING TO CITY OFFICER ELECTION RECOUNTS AWARD OF BID 5) Award of Bid for Amar Road Rehabilitation (Federal Project No. STPL-5259 (026)/City Project No. SP-13110) It is recommended that the City Council take the following actions: 1.) Establish City Project No. SP-13110 Amar Road Rehabilitation; and 2.) Accept the bid of All American Asphalt of Corona, California, in the amount of $679,732 as submitted at the bid opening on November 3, 2015, and authorize the City Manager and City Clerk to execute an agreement with All American Asphalt for the work to be done; and 3.) Accept the Federal Surface Transportation Program Local grant in the amount of $740,000 and appropriate revenue budget to Account No. 140.80.7005.7200; and 3.) Appropriate $106,505 in Measure R unappropriated funds to City Project No. SP- 13110 (224.80.7005.7200). TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 6) September 15, 2015 Traffic Committee Minutes I. Request: Yaser Nary, West Covina Resident That parking on the south side of Workman Avenue from 1950 E. Workman Avenue to Hollenbeck Street be restricted over -night parking from Sunday through Saturday, 5 Agenda material is available at www.westcovina.org Tuesday November 17, 2015 during the hours of 12:00 a.m. to 6:00 a.m. Traffic Committee Recommendation: That Parking on the south side of Workman Avenue from 1950 E. Workman Avenue to Hollenbeck Street be restricted over -night parking from Sunday through Saturday; during the hours of 12:00 a.m. to 6:00 a.m. II. Request: Stephanie Carter, Property Manager That no parking on street sweeping days be implemented on the south side of Aroma Drive from Donna Beth Avenue to Abrazo Drive and on the eastside of Donna Beth Avenue from Calico Drive to Aroma Drive, every second and fourth Thursday of each month from 7:00 a.m. to 3:00 p.m. Traffic Committee Recommendation: That no parking on street sweeping days be implemented on the south side of Aroma Drive from Bonna Beth Avenue to Abrazo Drive and on the eastside of Donna Beth Avenue from Calico Drive to Aroma Drive, every second and fourth Thursday of each month from 7:00 a.m. to 3:00 p.m. TREASURER'S REPORT (receive &r file) 7) City Treasurer's Report for the Month Ended September 30, 2015 It is recommended that the City Council receive and file the report. CITY ATTORNEY'S OFFICE 8) Requests to Pursue Criminal and/or Civil Charges Against Former Employees It is recommended that the City Council receive and file the report. COMMUNITY SERVICES DEPARTMENT 9) Support for the 2016 Greater Los Angeles Homeless Count It is recommended that the City Council authorize the Community Services Department to allow the Los Angeles Homeless Services Authority to utilize the Cameron Community Center as a Deployment Site for the 2016 Greater Los Angeles Homeless Count. 10) Maverick Field Lighting Project It is recommended that the City Council approve the proposal of the West Covina Baseball Dukes to replace the existing lighting at Maverick Field and .waive any permit fees associated with the project. 6 Agenda material is available at www.westcovina.org Tuesday November 17, 2015 11) Award of Contract for Recreation Software to Dash Platform Software It is recommended that the City Council award a 3-year contract to DASH Platform in the amount not to exceed $40,151 to provide recreation management software services. FINANCE DEPARTMENT 12) Budget Amendments It is recommended that the City Council approve the following proposed budget amendments: 1.) Un-appropriate Proposition C Funds in the amount of $265,000 and appropriate fund balance from the Proposition A Fund in the amount of $265,000 in expenditures (Account# 121.51.5147.7170); and 2.) Appropriate fund balance from the Proposition A Fund in the amount of $1,200 in expenditures (Account# 121.51.5140.6087); and 3.) Appropriate fund balance from the Park Dedication Fee "F" Fund in the amount of $1,092 in expenditures (Account# 175.80.7004.7700). 13) Approval of a New Position Class Specification for Accounting Technician It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CLASS SPECIFICATION FOR ACCOUNTING TECHNICIAN POLICE DEPARTMENT 14) Private Grant from Target for "Shop with a Cop" Program It is recommended that the City Council authorize the appropriation the $1,600 "Shop with a Cop" private grant from Target into Account# 221.31.4864 (revenues) and 221.31.3110.6220 (expenditures). 15) 2015-2016 Supplemental Law Enforcement Services Account (SLESA) Funds It is recommended that the City Council take the following actions: 1.) Appropriate the 2015-2016 Supplemental Law Enforcement Services Account (SLESA) funds, totaling an estimated $169,441, as follows: *$50,000 into Account# 155.31.3110.5112 for one supplemental part-time Sergeant position *$40,000 into Account# 155.31.3110.6120 for Lexipol and Graffiti Tracker services *$39,441 into Account# 155.31.1110.6220 for police supplies including surveillance 7 Agenda material is available at www.westcovina.org Tuesday November 17, 2015 items, specialized ammunition, and tactical supplies *$40,000 into Account# 155.31.3110.7160 for Patrol bulletproof vests; and 2.) Authorize the addition of one part-time Sergeant position (0.5 FTE), to exist as long as grant funding remains; and 3.) Authorize the transfer of any remaining balance of previously appropriated SLESA funds between accounts for personnel, supplies, and equipment in order to expedite expenditures that must be completed by the end of this fiscal year. 16) Funds from Regional Task Force for Police Projects It is recommended that the City Council authorize the appropriation of the $39,239.49 received from the Regional AB 109 Task Force (through the City of Gardena) into accounts 110.31.3110.4576 (revenues) and 110.31.3110.7160 (expenditures) for Police Department facilities repair costs. PUBLIC WORKS 17) Ratify Service Agreement with UniFirst Corporation to Provide Uniform Rental and Cleaning It is recommended that the City Council ratify a services agreement with UniFirst Corporation in the total amount of $44,800 through August 31, 2019, for the rental and cleaning of uniforms for the Maintenance Division of the Public Works Department as per the Maintenance and Crafts Association Memorandum of Understanding (MOU). 18) Award of Contract for Janitorial Services at Civic Center and City Buildings and Facilities It is recommended that the City Council take the following actions: 1.) Award a contract to Golden Touch Cleaning in the amount not to exceed $244,452 to provide janitorial services for City Hall, West Covina Service Group, Police Department, Police Jail, Communications Building, City Maintenance Yard, Cameron Community Center, Cortez Senior Center, Palm View Recreation Center, and Shadow Oak Recreation Center; and 2.) Authorize City Manager and City Clerk to execute an agreement with Golden Touch Cleaning for the services; and 3.) Appropriate $76,568 from General Fund anticipated Fiscal Year 2014-2015 year-end surplus to cover the shortfall in funding for Fiscal Year 2015-2016. 19) Allocation of Surplus Funds from Fiscal Year 2014-2015 for Fleet Maintenance It is recommended that the City Council take the following actions: 1.) Approve an emergency Purchase Order to Performance Truck Repair in the amount of $27,573.49 for the repairs to Fire Apparatus (F-12); and 8 Agenda material is available at www.westcovina.org Tuesday November 17, 2015 2.) Authorize staff to issue a Purchase Order to Performance Truck Repair in the amount of $50,000 for the remainder of Fiscal Year 2015-2016; and 3.) Allocate funds from the anticipated Fiscal Year 2014-2015 budget surplus in the amount of $150,000 to the Fleet Management operating budget (Account No. 365.41.4170.6329) for the repair and maintenance of Fire Department and other City vehicles. 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 HEARINGS PUBLIC HEARINGS 20) Code Amendment No. 14-02 and Adoption of Development Impact Fees a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is recommended that the City Council hold the public hearing and introduce the following ordinance: ORDINANCE NO. 2286 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 17 (PLANNING) OF THE WEST COVINA MUNICIPAL CODE TO ADD ARTICLE IV TO ESTABLISH STANDARDS FOR DEVELOPMENT IMPACT FEES Motion by second by introduce disapprove hold over ROLL CALL: Spence, Toma, Warshaw, Wong, Sykes It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING DEVELOPMENT IMPACT FEES 9 Agenda material is available at www.westcovina.org Tuesday November 17, 2015 Motion by second by adopt disapprove _ DEPARTMENTAL REGULAR MATTERS FINANCE DEPARTMENT hold over 21) Business License Operations Management & Compliance It is recommended that the City Council take the following actions: 1.) In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (c), which states that professional services shall be exempt from all formal and informal bidding procedures, approve the agreement for HdL Software, LLC (HdL) to provide the City with Business License Compliance and Operations Management Services along with Consulting Services for a Business Tax Analysis and Ordinance Review; and 2.) Approve the reclassification of the Business License Inspector to Accounting Technician and eliminate the job classification of Business License Inspector. Motion by second by approve disapprove _ POLICE DEPARTMENT hold over 22) Extension of Foreclosure Properties Ordinance It is recommended that the City Council take the following actions: 1.) Extend the Foreclosure Ordinance beyond December 2015 for an additional three years; and 2.) Introduce, give first reading, and waive further reading of the following proposed ordinance: ORDINANCE NO. 2287 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, EXTENDING THE TERMS AND PROVISIONS OF ORDINANCE NO. 2238 FOR AN ADDITIONAL PERIOD OF TFIREE YEARS, AMENDING CHAPTER 15 OF THE MUNICIPAL CODE TO REQUIRE REGISTRATION, MAINTENANCE AND SECURITY OF PROPERTIES IN FORECLOSURE Motion by second by introduce disapprove hold over ROLL CALL: Spence, Toma, Warshaw, Wong, Sykes 10 Agenda material is available at www.westeovina.org Tuesday November 17, 2015 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 p.m. MAYOR/COUNCILMEMBERS REPORTS COUNCILMAN MIKE SPENCE 23) Transparency in Negotiations Ordinance (COIN) It is recommended that the City Council consider whether it wishes to pursue an ordinance including some or all aspects of various ordinances adopted by other public entities concerning labor negotiations, and if so, to give direction to staff. Motion by second by to COUNCILMEMBER COREY WARSHAW 24) Process for Design Modifications to Glendora Avenue It is recommended that the City Council take the following actions: 1.) Establish a capital improvement project for the design and construction of Glendora Avenue Modifications; and 2.) Authorize staff to send out a Request for Proposals (RFP to hire a consulting firm to develop street plans to redesign Glendora Avenue as a "Ramblas." Motion by second by to AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Coancibnembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense) 11 Agenda material is available at www.westcovina.org Tuesday November 17, 2015 CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rides 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 25) Request from Mayor Pro Tern James Toma Requesting the City Council's Consensus to Instruct City Staff to Seek New Grocery Stores Opportunities in West Covina It is recommended that the City Council direct staff accordingly. Motion by second by to CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Closed Session 12/01/2015 6:00 PM RULES OF DECORUM The following are arcerpts from the West Covina Municipal Code: See. 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. 12 Agenda material is available at www.westcovina.org Tuesday November 17, 2015 (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. See. 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. 13 Agenda material is available at www.westcovina.org