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09-20-2016 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY SEPTEMBER 20, 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 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 COMA/LENTS ON ITEMS ON THE AGENDA I CERTIFY THAT A COIN OF THE COUNCIL AGENDA FOR THE MEETING 0F9 (top (0WAS POSTED IN ACCOR,DaC_E MAN BROWN ACT AMENDMENT -c_ OFFICE OF THE CI CLERK Tuesday September 20, 2016 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: 1024 W. Workman Ave., West Covina, CA Agency Negotiator: Freeland, Hall Barlow Negotiating Parties: None Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Richard Genovese vs. City of West Covina (ADJ9447330, ADJ9447331, ADJ745084) Timothy Rodgers vs. City of West Covina (ADJ9948924) Patricia Dewus vs. City of West Covina (ADJ2484125) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(3) Number of Cases: One (1) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Freeland, Bokosky, Barlow • Employee Organizations - Confidential Employees - General Employees - Maintenance & Crafts Employees - Mid-Management Employees - W.C. Police Officers' Association - 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 TUESDAY SEPTEMBER 20, 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 offal! eell 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.org . 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 COF'Y OF THE COUNCIL AGENDA FOR THE MEEIING OF q dr lg;WAS POSTED IN ACCORDAN E TFIE 01187 BROWN ACT AMENDMENT Tuesday September 20, 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.westeovina.org Tuesday September 20, 2016 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY SEPTEMBER 20, 2016, 7:00 PM REGULAR MEETING INVOCATION Rosalia A. Conde Assistant City Clerk PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Proclamation proclaiming September 2016 as Suicide Prevention Month Recognition of West Covina High School Girls Softball Team for Being Awarded the ASA Fast Pitch Girls 18 & Under Western National Championship Recognition of West Covina Community Hero Carolyn Arndt Recognition of Sponsors for the 2016 West Covina Summer Concerts in the Park Recognition of New West Covina Police Officers Erik Cuellar, Joseph Surdam, Joshua Volasgis & Stephanie Waidley Recognition of K-9 Officer Jesse Miller and K-9 "Rocky" for Being Awarded the K-9 Apprehension of the Year Award from the National Police K-9 Association Presentation by Robert Cruz of Southern California Gas Co. Regarding Conservation Efforts 3 Agenda material is available at www.westcovina.rg Tuesday September 20, 2016 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. 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. CITY ATTORNEY'S OFFICE I) Termination of Wireless Lease Agreement for Shadow Oak Park with Verizon Wireless It is recommended that the City Council authorize the City Manager to send notice to Verizon declaring immediate termination of the communication site lease agreement for property at Shadow Oak Park for failure of condition precedent. CITY CLERK'S OFFICE 2) Destruction of Certain Documents as Provided by Law It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2016-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW 3) Conflict of Interest Code Biennial Notice Required by the Political Reform Act It is recommended that the City Council approve and file the 2016 Local Agency Biennial Notice. CITY MANAGER'S OFFICE 4) Authorization to Withdraw from LA Works Joint Powers Authority It is recommended that the City Council take the following actions: 1.) Instruct the City Attorney to prepare a letter notifying LA Works of the City of West Covina's intent to withdraw from the Joint Powers Authority on June 30, 2017; and 2.) Appropriate $20,000 to provide funding to LA Works to assist in the unwinding of the Joint Powers Authority. 4 Agenda material is available at www.westeovina.org Tuesday September 20, 2016 5) Amendment to Employment Agreement for City Manager It is recommended that the City Council approve the First Amendment to Employment Agreement for City Manager Chris Freeland. COMMUNITY SERVICES DEPARTMENT 6) Grant Award of Older Americans Act Funds from the Los Angeles County Area Agency on Aging for the Senior Meals Program It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2016-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF A GRANT AWARD OF OLDER AMERICANS ACT FUNDS FROM THE LOS ANGELES COUNTY AREA AGENCY ON AGING FOR THE SENIOR MEALS PROGRAM FINANCE DEPARTMENT 7) Fiscal Year 2015-16 and Fiscal Year 2016-17 Budget Amendments It is recommended that the City Council approve the proposed budget amendments for both Fiscal Year 2015-16 and Fiscal Year 2016-17 to record the Department of Finance (DOF) settlement payments in the City's Debt Service Fund. PLANNING DEPARTMENT 8) Prequalification List for Environmental Consulting Services to Allow Expedited Processing It is recommended that the City Council take the following actions: 1.) Approve the list of consultant to be used for Environmental Consulting Services for three years ending September 30, 2019 that includes DUDEK, Ultra Systems, PSOMAS, Michael Baker International, Terry Hayes (TAHA), and Rincon Consulting, Inc.; and 2.) Upon submittal of a development application, authorize the City Manager to execute agreements up to $75,000 to complete environmental services for a development project. POLICE DEPARTMENT 9) Award of Bid - Police Vehicles It is recommended that the City Council take the following actions: 1.) Find that Frontier Ford of Santa Clara is the lowest priced, responsible bidder for the 5 Agenda material is available at www.westcovina.org Tuesday September 20, 2016 twelve Ford vehicles; and 2.) Approve a purchase order agreement with Frontier Ford of Santa Clara totaling $389,589.82, from accounts 160.80.7008.7170, 361.15.1520.6417, 117.31.3120.7170, and 117.31.3130.7170. 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 HEARINGS PUBLIC HEARINGS 10) Code Amendment No. 15-03 Temporary Use of Vehicle Storage Ordinance General Exemption a.) Verification b.) Open hearing c.) Staff report d.) Open testimony e.) Council discussion f.) Recommendation: It is recommended that the City Council introduce and give first reading to the following ordinance: ORDINANCE NO. 2300 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 15-03, RELATED TO THE OFFSITE STORAGE OF VEHCILES BY AUTOMOBILE DEALERSHIPS Motion by adopt second by disapprove hold over 6 Agenda material is available at www.westcovina.org Tuesday September 20, 2016 DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 11) Urgency Ordinance regarding Marijuana Cultivation and Prohibition of Commercial Marijuana Activity - Categorical Exemption It is recommended that the City Council introduce, give first reading and adopt the following urgency ordinance allowing limited indoor cultivation of recreational and medical marijuana, and prohibiting commercial marijuana activity, to be effective if the Adult Use of Marijuana Act is approved by voters at the November 8, 2016, election as follows: ORDINANCE NO. 2299 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING DIVISION 27, SECTIONS 26-685.9100 - 24-685.9300 ("MEDICAL MARIJUANA DISPENSARIES") AND AMENDING DIVISION 28, SECTIONS 26-685.10000 - 26.685.10300 ("MARIJUANA CULTIVATION") OF CHAPTER 26 ("ZONING") OF ARTICLE 12 ("SPECIAL REGULATION FOR UNIQUE USES") RELATING TO CULTIVATION OF MARIJUANA AND CERTAIN MARIJUANA RELATED USES Motion by adopt second by disapprove hold over CITY MANAGER'S OFFICE 12) 2016 League of California Cities - Vision Zero/Toward Zero Resolution It is recommended that the City Council discuss and provide direction regarding voting at the League of California Cities annual business meeting on Resolution No. 1 - Vision Zero/Toward Zero Deaths. Motion by adopt second by disapprove hold over 13) Authorization to Purchase Property to Expand Cameron Park It is recommended that the City Council take the following actions: 1.) Authorize the City Manager to execute the documents necessary for the purchase of 707 South Lark Ellen Avenue, for the expansion of Cameron Park, at a cost not to exceed $900,000; and 2.) Make the necessary appropriations and fund transfers as outlined in the Fiscal Impact section of this staff report to facilitate the purchase; and 3.) Authorize the City Manager to enter into an agreement with Ms. Imelda Sandoval, for the City to lease 707 South Lark Ellen to Ms. Sandoval, for six months, with the ability to 7 Agenda material is available itt www.westcovina.org Tuesday September 20, 2016 extend on a month-to-month basis thereafter, at the discretion of the City. Motion by to second by FINANCE DEPARTMENT 14) Adoption of City Treasurer Duties and Responsibilities It is recommended that the City Council introduce and give first reading to the following ordinance: ORDINANCE NO. 2298 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2 (ADMINISTRATION), ARTICLE IV (OFFICERS), DIVISION 4 (CITY TREASURER) OF THE WEST COVINA MUNICIPAL CODE Motion by second by introduce disapprove ROLL CALL: Johnson, Spence, Warshaw, Wu, Toma 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. MAYOIR/COUNCILMEMBERS REPORTS COUNCILMAN MIKE SPENCE 15) Council Policy on Concealed Weapons Permits It is recommended that the City Council discuss and direct staff accordingly. Motion by second by to 8 Agenda material is available at www.westeovina.org hold over Tuesday September 20, 2016 COUNCILMAN TONY WU 16) Establish a Sister-City Relationship with the City of Nantou, Taiwan It is recommended that the City Council direct staff accordingly. 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.) COUNCILMAN MIKE SPENCE 17) Request by Councilman Mike Spence Requesting the City Council's Consensus to Direct Staff to Prepare a Report Regarding an Evaluation of the Problem of Homelessness in City Parks and Potential Solutions It is recommended that the City Council direct staff accordingly. Motion by second by to COUNCILMAN TONY WU 18) Request from Councilman Tony Wu Requesting the City Council's Consensus to Direct City Staff to Develop a Senior Citizens' Bill of Rights It is recommended that the City Council direct staff accordingly. Motion by second by to CITY COUNCIL COMMENTS ADJOURNMENT 9 Agenda material is available at www.weskovina.org Tuesday September 20, 2016 Next Tentative City Council Meeting Closed Session 10/04/2016 6:00 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 an' 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) (I) 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 Pena/ Code or Section 18340 of the Elections Code, is guilty of a misdemeanor. 10 Agenda material is available at www.westeovina.org