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04-19-2016 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY APRIL 19, 2016, 6:00 PM REGULAR MEETING - CLOSED SESSION CITY MANAGER'S CONFERENCE ROOM 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 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 (( I(Q!1(dNAS POSTED IN tACCORDANNWI THE Ot(87 BROWN ACT AMENDMENT OFTHE I CLERK Tuesday April 19, 2016 CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Pursuant to Government Code 54956.9(d)(3) Number of Cases: Two (2) 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, I.A.F.F., Local 3226 • Unrepresented Employee Group - Department Heads ADJOURNMENT 2 Agenda material is available at www.westcovina.org CITY OF WEST COVINA CITY COUNCIL/PUBLIC FINANCING AUTHORITY TUESDAY APRIL 19, 2016, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor James Toma Mayor Pro Tern 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 www.westcovina.orn. 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 OFy 110 10VAS POSTED IN ACCORDA{CE WI THE 01187 BROWN ACT AMENDMENT 0;�4 lw OFFICE OF OT— EH I�CLERK Tuesday April 19, 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. 2 Agenda material is available at www.westcovina.org Tuesday April 19, 2016 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY APRIL 19, 2016, 7:00 PM REGULAR MEETING INVOCATION Rosalia A. Butler Assistant City Clerk PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Proclamation proclaiming Small Business Week Recognition of West Covina High School Girls Wrestling Team Recognition of Pop Warner Cheerleading Team Proclamation proclaiming April 23, 2016 as Earth Day and Arbor Day Recognition of West Covina Police Detective David Sifting and Chief Don Fernald 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 April 19, 2016 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/Convnunity Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action. COMMISSION SUMMARY OF ACTIONS (receive & file) 1) November 10, 2015 Closed Session Community & Senior Services Commission Meeting November 10, 2015 Regular Community & Senior Services Commission Meeting February 9, 2016 Special Community & Senior Services Commission Meeting ORDINANCES FOR ADOPTION 2) An Ordinance Amending Chapter 2, Article XI (Local Officer Elections) Relating to City Officer Election Recounts It is recommended that the City Council waive further reading and adopt 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 AWARD OF BID 3) Award of Bid for Orangewood Park Soccer Field Improvements (Project No. PP- 16018) It is recommended that the City Council take the following actions: 1.) Accept the bid of Monet Construction, Inc. of Glendale, California in the amount of $3,196,056.80 as submitted at the bid opening on March 29, 2016, and authorize the City Manager to execute an agreement; and 2.) Appropriate $270,000 from Park Dedication Funds and $140,000 from Capital Project (Fund 160) fund balance to Project No. PP-16018 (Account No. 16018.17X.7700) and (Account No. 16018.160.7700) to cover the shortfall in funding. CITY MANAGER'S OFFICE 4) Letters of Opposition to Assembly Bill 2586 (Gatto), Assembly Bill 2501 (Bloom), Assembly Bill 2522 (Bloom), and Assembly Bill 2697 (Bonilla) It is recommended that the City Council take the following actions: 4 Agenda material is available at www.westcovina.org Tuesday April 19, 2016 1.) Authorize the Mayor to sign letters of opposition on behalf of the City of West Covina regarding the following California State Assembly Bills: AB 2586 (Gatto) Parking AB 2501 (Bloom) Housing: Density Bonuses AB 2522 (Bloom) Land use: Attached Housing Developments AB 2697 (Bonilla) Redevelopment Dissolution; and 2.) Instruct City staff to send the signed letters of opposition to the applicable State Representatives and League of California Cities staff. COMMUNITY AND ECONOMIC DEVELOPMENT DIVISION 5) Plaza West Covina Parking Partnership It is recommended that the City Council authorize the City Manager to execute an agreement with Star -wood Capital Partners to allow use of City owned property for storage parking of vehicles at the Plaza West Covina Mall. 6) Kosmont Companies Proposals for Enhanced Infrastructure Financing District Initial Feasibility Analysis It is recommended that the City Council authorize the City Manager to execute a Professional Services Agreement with Kosmont Companies in the amount of $35,000 for the feasibility analysis of establishing Enhanced Infrastructure Financing Districts in the City of West Covina. COMMUNITY SERVICES DEPARTMENT 7) Summer Concert Series Funding Request from Greater West Covina Business Association It is reconnnended that the City Council instruct the City Manager to enter into an agreement with the Greater West Covina Business Association (GWC) to manage the 2016 Summer Concert Series at the West Covina Civic Center at a cost not to exceed $18,020, with funds from the West Covina Community Services Foundation. FINANCE DEPARTMENT 8) Comprehensive Annual Financial Report (CAFR) and Other Related Reports for the Year Ended June 30, 2015 It is recommended that the City Council receive and file the following letters and financial reports for the fiscal year ended June 30, 2015: • Comprehensive Annual Financial Report for the Year Ended June 30, 2015 5 Agenda material is available at www.westeovina.org Tuesday April 19, 2016 • Government Auditing Standards Letter • Management Letter • Audit Communication Letter • Single Audit of Federally Assisted Grant Programs • Air Quality Improvement Fund Financial Statements • Agreed -Upon Procedures related to the City's calculation of the GANN Limit 9) Award of Audit Services Contract It is recommended that the City Council accept the Audit Committee's recommendation and authorize the City Manager to execute a three (3) year Professional Services Agreement with two (2) one-year renewal options with Rogers, Anderson, Malady & Scott, LLP, to perform audit services. 10) FY 15/16 Budget Amendments It is recommended that the City Council approve the proposed FY 15/16 Budget Amendments: 1.) Appropriate revenue in the amount of $118,240.45 to the LA County Park Bond Fund (Account No. 143.51.4540); and 2.) Appropriate expenditures in the amount of $1,200 to the Fee & Charge Fund for transfers out (Account No. 111.95.9500.9122) and appropriate revenues in the amount of $1,200 to the Proposition C Fund for transfers in (Account No. 122.00.9111). 11) Authorize Amendments to Indenture and Continuing Covenant Agreement in Connection with 2002 and 2005 Lease Revenue Bonds It is recommended that the West Covina Public Financing Authority authorize the Executive Director to execute all necessary documents and adopt the following resolution: RESOLUTION NO.27 - A RESOLUTION OF THE WEST COVINA PUBLIC FINANCING AUTHORITY AUTHORIZING TI4E EXECUTION AND DELIVERY BY THE AUTHORITY OF A FIRST AMENDMENT TO CONTINUING COVENANT AGREEMENT AND A FIRST SUPPLEMENTAL INDENTURE, EACH RELATING TO THE WEST COVINA PUBLIC FINANCING AUTHORITY VARIABLE RATE LEASE REVENUE REFUNDING BONDS, 2002 SERIES B (PUBLIC FACILITIES PROJECT) AND VARIABLE RATE LEASE REVENUE REFUNDING BONDS, 2005 SERIES C (PUBLIC FACILITIES PROJECT) AND THE TAKING OF CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 12) Authorize Amendment to Continuing Covenant Agreement and Consent to First Supplemental Indenture in Connection with 2002 and 2005 Lease Revenue Bonds It is recommended that the City Council authorize the City Manager to execute all 6 Agenda material is available at www.westcot,ina.org Tuesday April 19, 2016 necessary documents and adopt the following resolution: RESOLUTION NO. 2016-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FIRST AMENDMENT TO CONTINUING COVENANT AGREEMENT AND CONSENTING TO THE DELIVERY OF A FIRST SUPPLEMENTAL INDENTURE, EACH RELATING TO THE WEST COVINA PUBLIC FINANCING AUTHORITY VARIABLE RATE LEASE REVENUE REFUNDING BONDS, 2002 SERIES B (PUBLIC FACILITIES PROJECT) AND VARIABLE RATE LEASE REVENUE REFUNDING BONDS, 2005 SERIES C (PUBLIC FACILITIES PROJECT) AND THE TAKING OF CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH POLICE DEPARTMENT 13) Asset Forfeiture Funds for Police Vehicles, Services, Equipment, and Supplies It is recommended that the City Council take the following actions: 1.) Appropriate a total of $776,000 in federal asset forfeiture funds from the fund balance of Fund 117, as follows: • $50,000 into 117.31.3131.5113 for supplemental overtime for SET Team operations • $198,000 into 117.3 1.3 120.7170 for three Patrol vehicles, including warranties, service plans, and vehicle equipment • $175,000 into 117.31.3119.6272 for maintenance, support, licenses, etc., for police computer technology items • $353,000 into 117.31.3110.7530 for Police Station remodeling projects PUBLIC WORKS 14) Preliminarily Approval of the Engineer's Report for Landscape Maintenance District No. 4 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2016-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 7, 2016 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 201.6-2017 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT 7 Agenda material is available at www.westeovitia.org Tuesday April 19, 2016 15) Preliminarily Approval of the Engineer's Report for Landscape Maintenance District No. 6 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2016-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 7, 2016 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENCING IN FISCAL YEAR 2016-2017 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT 16) Preliminarily Approval of the Engineer's Report for Landscape Maintenance District No. 7 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2016-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 7, 2016 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT 17) Award of Contract for Purchase and Installation of Catch Basin Inserts at Various Locations It is recommended that the City Council take the following actions: 1.) Award a contract to Bio Clean Environmental Services, Inc., in the amount of $40,548.99 for the purchase and installation of catch basin inserts at various locations in the City, and authorize the City Manager to execute a contract with Bio Clean Environmental Services, Inc. for the work; and 2.) De -obligate $40,000 of Sewer funds (Fund 189), $20,000 from Project No. SP-14114 (14114.189.7400) and $20,000 from Project No. SP-15109 (15109.189.7400), and appropriate $8,000 from the Used Oil Grant to Account No. 16046.149.7400 and $36,603.89 from the General Fund balance to Account No. 16046.110.7400. 18) Contract for Radio and Electronic Equipment Maintenance Services It is recommended that the City Council authorize the City Manager to execute a contract with Advanced Electronics, Inc. of Redondo Beach, California in the total amount of $134,310 for a five-year contract to provide radio and electronic equipment maintenance services. 8 Agenda material is available at www.westcovina.org Tuesday April 19, 2016 ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented except: ROLL CALL: Johnson, Spence, Warshaw, Wu, Toma END OF CONSENT CALENDAR DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 19) Discussion on Possibility of Abandonment/Sale of Sunset Field to Citrus Valley Health Partners It is recommended that the City Council adopt the following resolution of intention calling for a public hearing and special election to be conducted for the abandonment of Sunset Field: RESOLUTION NO. 2016-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING THAT PUBLIC INTEREST OR CONVENIENCE REQUIRES THE DISCONTINUANCE OF SUNSET FIELD AS A PUBLIC PARK AND THE INTENT TO CALL A SPECIAL ELECTION TO SUBMIT THE QUESTION OF DISCONTINUANCE TO THE CITY ELECTORS Motion by second by to COMMUNITY SERVICES DEPARTMENT 20) Landscape Maintenance District No. 6 Fence Request It is recommended that the City Council provide City staff direction in this matter. Motion by second by to FIRE DEPARTMENT 21) Authorization for Fireworks Display It is recommended that the City Council grant the following fireworks displays: 9 Agenda material is available at www.westcovina.org Tuesday April 19, 2016 1.) Edgewood High School Graduation Ceremony on May 23, 2016 2.) West Covina High School Graduation Ceremony on May 24, 2016 3.) City of West Covina Independence Day Celebration on July 4, 2016 Motion by second by to MAYORICOUNCILMEMBERS REPORTS None. 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/event/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.) MAYOR JAMES TOMA 22) Request from Mayor James Toma Requesting the City Council's Consensus to Support a Resolution to Partner with the County of Los Angeles and Los Angeles County Cities to Combat Homelessness It is recommended that the City Council direct staff accordingly. Motion by second by to CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meetina Closed Session 05/03/2016 6:00 PM 10 Agenda material is available at www.westcovina.org Tuesday April 19, 2016 RULES OF DECORUM The following are eecerpts 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 fo llowing 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