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04-05-2016 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY APRIL 05, 2016, 6:00 PM REGULAR MEETING — CLOSED SESSION CITY MANAGER'S CONFERENCE ROOM 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 Mayor James Toma Mayor Pro Tern Corey Warshaw Councilman Lloyd Johnson Councilman Mike Spence Councilman Tony Wu 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. AGENDA ROLL CALL PUBLIC COMMENTS ON ITEMS ON THE AGENDA I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF y (S# (pWAS POSTED IN ACCORD NCETHTHE 01187 BROWN ACT AMENDMENT G; RCE OF THE tITY CLERK Tuesday April 05, 2016 CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) WC Homes Case CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Patrick McGowan v. City of West Covina (Case No. ADJ9944574) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(3) Number of Cases: Two (2) LIABILITY CLAIMS Pursuant to Government Code § 54956.95 Claimant: Jason Briley CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Freeland, Bokosky, Barlow • Employee Organizations - Confidential Employees - Maintenance & Crafts Employees - W.C. Police Officers' Association General Employees - Mid -Management Employees - W.C. Police Management Association - W.C. Firefighters' Management Assoc. - W.C. Firefighters' Association, LA.F.F., Local 3226 • Unrepresented Employee Group - Department Heads ADJOURNMENT Agenda material is available at www.westcovina.org CITY OF WEST COVINA CITY COUNCIL TUESDAY APRIL 05, 2016, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor James Toma Mayor Pro Tem Corey Warshaw Councilman Lloyd Johnson Councilman Mike Spence Councilman Tony Wu 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 rvww.tvestcovina.ore. 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 3l7 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 `{ 15 11 V WAS POSTED IN ACCORDANCE ITH THE 01187 BROWN ACT AMENDMENT e—bKD- 1 4 FFICE OF THE y L Tuesday April 05, 2016 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. Agenda material is available at www.westeovina.org Tuesday April 05, 2016 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY APRIL 05, 2016, 7:00 PM REGULAR MEETING INVOCATION Pastor Kelly Dupe6 West Covina Police Chaplain PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Proclamation proclaiming April 5, 2016 as National Service Recognition Day Fourth Annual Mayors Day of Recognition for National Service Proclamation proclaiming June - August, 2016 as Play Ball Summer 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 1wa)'or. 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 wiless members of the City Council/Cotmrumity Development Commission request specific items to be removed from the Consent Calendarfor separate discussion or action. Agenda material is available at www.westcovina.org Tuesday April 05, 2016 APPROVAL OF MEETING MINUTES (receive & file) 1) • January 19, 2016 Regular City Council/Successor Agency Closed Session Meeting Minutes • January 19, 2016 Regular City Council Meeting Minutes • February 2, 2016 Regular City Council/Successor Agency Closed Session Meeting Minutes • February 2, 2016 Regular City Council Meeting Minutes CLAIMS AGAINST THE CITY 2) Government Tort Claim Denial It is recommended that the City Council deny the following Government Tort Claim and the claimant be notified: Jason Briley vs. City of West Covina ORDINANCES FOR ADOPTION 3) An Ordinance Adding Sections 15-63 through 15-72 to Article III (Fireworks) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety) of the West Covina Municipal Code Imposing Penalties for the Improper Use of Fireworks It is recommended that the City Council waive further reading and adopt the following ordinance: ORDINANCE NO. 2294 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ADDING SECTIONS 15-63 THROUGH 15-72 TO ARTICLE ❑I (FIREWORKS) OF CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND SAFETY) OF THE WEST COVINA MUNICIPAL CODE IMPOSING PENALTIES FOR THE IMPROPER USE OF FIREWORKS AWARD OF BID 4) Award of Bid for Roof Replacement at the Police Department Building (Project No. BP-15304) It is recommended that the City Council take the following actions: 1.) Accept the bid of WSP Roofing of Roseville, California, in the amount of $199,000 as submitted at the bid opening on February 23, 2016, and authorize the City Manager to execute an agreement; and 2.) Appropriate $80,872 from fund balance in the Asset Forfeiture Fund to Project No. BP-15304 (Acct.# 117.83.8526.7530). 4 Agenda material is available at www.westcovina.org Tuesday April 05, 2016 APPROVAL OF FINAL MAP 5) Approval of Final Map for Tract Map No. 73395 Location: 1900 W. Garvey Avenue South Subdivider: Executive Law Property Group, LLC It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2016-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF TRACT MAP NO. 73395 LOCATED AT 1900 W. GARVEY AVENUE SOUTH (EXECUTIVE LAW PROPERTY GROUP, LLC) TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 6) October 21, 2015 Traffic Committee Minutes This item was continued from the March 1, 2016 City Council meeting to provide additional information. The Community Manager for the Cimarron Ridge condominiums submitted a letter from the Horne Owners Association authorizing the manager to request parking restrictions for street sweeping days. This is not a request to restrict overnight parking, which requires a vote of property, owners. Street sweeping parking restrictions requires a simple majority of the affected residents to approve the parking restriction. II. Request: Jay Parson, Community 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 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. TREASURER'S REPORT (receive & file) 7) City Treasurer's Report for the Month Ended February 29, 2016 It is recommended that the City Council receive and file the report. 5 Agenda material is available at wwmwestcovina.org Tuesday April 05, 2016 FINANCE DEPARTMENT 8) FY 15/16 Budget Amendments It is recommended that the City Council approve the proposed FY 15/16 Budget Amendments: 1.) Appropriate expenditures in the amount of $761,082.34 to the Sewer Maintenance Fund transfers out ($1,500.64 to Acct.# 189.95.9500.9181 and $759,581.70 to Acct.# 189.95.9500.9110) and the corresponding revenues in the amount of $759,581.70 to the General Fund transfers in (Acct.# 110.00.9189) and $1,500.64 in the Maintenance District No. 1 transfers in (Acct.# 181.00.9189); expenditures in the amount of $1,393.59 in the Maintenance District No. 1 transfers out (Acct.# 181.95.9500.9110) and the corresponding revenues in the amount of $1,393.59 in the General Fund transfers in (Acct.# 110.00.9181); and expenditures in the amount of $50,146.03 in the General Fund transfers out (Acct.# 110.95.9500.9189) and the corresponding revenues in the amount of $50,146.03 in the Sewer Maintenance Fund transfers in (Acct.# 189.00.9110); and 2.) Approve the closing of the Fee & Charge Fund to the General Fund during Fiscal Year 15/16 and the required budget amendments to accomplish this such as decreasing the Senior Center part-time expenditures in the amount of $110,317.00 in Fund I II (Acct.# 111.51.5180.5112) and appropriating the Senior Center part-time expenditures in the amount of $110,317.00 to Fund 110 (Acct# 110.51.5180.5112); and 3.) Appropriate expenditures in the amount of $6,293.26 to the Business Improvement Tax Fund other supplies/materials (Acct.# 118.11.1120.6270). 9) Investment Advisory Services It is recommended that the City Council authorize the City Manager to execute a three (3) year Professional Service Agreement with two (2) one-year renewal options with Chandler Asset Management to perform investment advisory services. HUMAN RESOURCES 10) Revise City Councilmember Schedule of Benefits It is recommended that the City Council take the following actions: 1.) Approve the revised schedule of benefits for City Councilmembers active on or after November 7, 2017; and 2.) Adopt the following resolution: RESOLUTION NO. 2016-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REVISING THE COMPENSATION AND SCHEDULE OF BENEFITS FOR CITY COUNCILMEMBERS AND AMENDING RESOLUTION 2015-11 6 Agenda material is available at www.westcovina.org Tuesday April 05, 2016 PLANNING DEPARTMENT 11) Adoption of City Procedures to Lnplement the California Environmental Quality Act (CEQA) It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2016-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REPEALING RESOLUTION NO. 2000-35, INCORPORATING THE STATE CEQA GUIDELINES BY REFERENCE AND ADOPTING SPECIFIC PROCEDURES NECESSARY TO TAILOR THE CEQA GUIDELINES TO THE OPERATIONS OF THE CITY OF WEST COVINA PUBLIC WORKS 12) Increase Performance Truck Repair Purchase Order Amount for Fire Apparatus Repairs It is recommended that the City Council approve increasing the Performance Truck Repair purchase order to in the amount of $40,000. 13) Rejection of Bid for Roof Improvements at Cameron Park Community Center (Project No. BP-16022) It is recommended that the City Council reject the bid received for City Project BP-16022 as submitted in the Office of the City Clerk and authorize the Public Works Director to re - advertise and call for new bids. ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented ROLL CALL: Johnson, Spence, Warshaw, Wu, Toma END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 14) Amendments to the Community Development Block Grant (CDBG) FY 2015-2020 Strategic Plan and FY 2015-2016 Action Plan 7 Agenda material is available at www.westcovina.org Tuesday April 05, 2016 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 2015-2020 Strategic Plan and FY 2015-2016 Action Plan as detailed in this report and authorize an appropriation in the amount of $680,000 to the CDBG Fund (Acct.# 131.81.8515.7200). Motion by second by to DEPARTMENTAL REGULAR MATTERS FINANCE DEPARTMENT 15) Appointment of Audit Committee Members It is recommended that the City Council appoint two community members to the City's Audit Committee. Motion by second by to PUBLIC WORKS 16) Ordinance Re -Enacting Public, Education and Government Channel Access Fees It is recommended that the City Council introduce the following Ordinance, which would reinstate the Public, Educational and Government (PEG) Channel Access fee to be paid by any video provider (franchise or otherwise) to fund the programming for the City's PEG channels; ORDINANCE NO. 2296 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 11-19 OF THE MUNICIPAL CODE OF THE CITY OF WEST COVINA REGARDING PUBLIC, EDUCATIONAL AND GOVERNMENTAL CHANNEL ACCESS FEES Motion by second by introduce disapprove hold over ROLL CALL: Johnson, Spence, Warshaw, Wu, Toma 8 Agenda material is available at www.westcovina.org Tuesday April 05, 2016 17) Award of Bid for Residential Streets Rehabilitation (Project No. SP-15106 - Phase II) It is recommended that the City Council accept the bid of Sully -Miller Contracting Company of Brea, California in the amount of $677,623 as submitted at the bid opening on March 24, 2016. and authorize the City Manager to execute an agreement with Sully - Miller Contracting Company for the work to be done. Motion by second by to 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 LLOYD JOHNSON 18) Ordinance Amending Chapter 2, Article XI (Local Officer Elections) Relating to City Officer Election Recounts It is recommended that the City Council introduce by title only, and waive further reading of, the following ordinance: ORDINANCE NO. 2295 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA. AMENDING ARTICLE XI (LOCAL OFFICER ELECTIONS) OF CHAPTER 2 RELATING TO CITY OFFICER ELECTION RECOUNTS Motion by second by introduce disapprove hold over ROLL CALL: Johnson, Spence, Warshaw, Wu, Toma COUNCILMAN MIKE SPENCE 19) Report Outlining the City's Current Efforts to Prevent Human Trafficking in the City of West Covina It is recommended that the City Council receive and file the informational report. 9 Agenda material is available tit www.ivesteovina.org Tuesday April 05, 2016 Motion by to second by 20) Possible Repeal of the Ban on Selling Safe and Sane Fireworks in West Covina It is recommended that the City Council receive and file the informational report, thus maintaining the ban on fireworks in West Covina. Motion by to second by AB1234 Conference and Meeting Report (verbal, if any) (bn 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 Riles 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 LLOYD JOHNSON 21) Request from Councilman Lloyd Johnson Requesting the City Council's Consensus to Direct Staff to Issue a Request for Proposals (RFP) for Towing Services in Area 2, in the City of West Covina It is recommended that the City Council direct staff accordingly. Motion by second by to COUNCILMAN TONY WU 22) Request from Councilman Tony Wu Requesting the City Council's Consensus to Direct Staff to Develop a Program to Promote Businesses that Sponsor After School Programming within the West Covina School District It is recommended that the City Council direct staff accordin.-ly. Motion by second by to CITY COUNCIL COMMENTS 10 A.-enda material is available at www.westcovina.org Tuesday April 05, 2016 ADJOURNMENT Next Tentative City Council Meeting Closed Session 04/19/2016 6:00 PM RULES OF DECORUM The following are excerpts from the Nest 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 availahle at www.ivesteovina.org