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10-04-2016 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY OCTOBER 04, 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 OFK) /LI (1 (MS POSTED IN ACCORDANCE WITH THE 01/87 BROWN ACT AMENDMENT " OFFICEOF THE CITY CLERK Tuesday October 04, 2016 CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Sanchez v. City of West Covina (Los Angeles Superior Court Case No. BC634674) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(3) Number of Cases: Two (2) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code § 54957 Title: City Attorney 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/HOUSING AUTHORITY/PUBLIC FINANCING AUTHORITY/WEST COVINA COMMUNITYSERVICES FOUNDATION TUESDAY OCTOBER 04, 2016, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 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 Please turn offal! 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.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 I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF10 I ILASPOSTEDIN ACCORDANCE W TH THE 01187 BROWN ACT AMENDMENT. 1i1-2S3 OFFICE OF THE CITY CLERK Tuesday October 04, 2016 boards, as necessary. PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL (Per WCNIC 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 identift 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 rive (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.svesteovina.org Tuesday October 04, 2016 AGENDA CITY OF WEST COVINA CITY COUNCIL/HOUSING AUTHORITY/PUBLIC FINANCING AUTHORITY/WEST COVINA COMMUNITY SERVICES FOUNDATION TUESDAY OCTOBER 04, 2016, 7:00 PM REGULAR MEETING INVOCATION Pastor Samuel Martinez Christian Faith Center PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Proclamation proclaiming the Week of October 9, 2016 - October 15, 2016 as Fire Prevention Week 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. 3 Agenda material is available at www.westcovina.org Tuesday October 04, 2016 APPROVAL OF MEETING MINUTES (receive & file) 1) April 5, 2016 Regular City Council Meeting Minutes April 5, 2016 Regular City Council 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 be notified: Joey Johnson vs. The City of West Covina Cynthia Luebe vs. The City of West Covina ORDINANCES FOR ADOPTION 3) Adoption of City Treasurer Duties and Responsibilities It is recommended that the City Council waive further reading and adopt 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 4) Code Amendment No. 15-03 Temporary Use of Vehicle Storage Ordinance General Exemption It is recommended that the City Council waive further reading and adopt 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 VEHICLES BY AUTOMOBILE DEALERSHIPS INVESTMENT REPORT (receive & file) 5) City Investment Report for the Month Ended August 31, 2016 It is recommended that the City Council receive and file the Investment Report for the month ended August 31, 2016. 4 Agenda material is available at www.westeovina.org Tuesday October 04, 2016 COMMUNITY SERVICES DEPARTMENT 6) Chemical Purchase for the West Covina Municipal Pool and Del Norte Park Splash Pad It is recommended that the City Council take the following actions: 1.) Authorize the City Manager to execute a purchase order for an amount not to exceed $30,000 annually with Commercial Aquatic Service Inc. to furnish and deliver water chemicals (12.5% Sodium Hypochlorite, Muriatic Acid and Sodium Bicarbonate) to the City of West Covina Municipal Pool and Del Norte Park Splash Pad using the City of Burbank Price agreement; and 2.) Confirm the Finance Department/Purchasing Officer's findings that the purchase and delivery of water chemicals through the City of Burbank purchasing agreement satisfies West Covina's bid process as stated in the West Covina Municipal Code-Chapter2, Article VII, Division 2, Sec. 2-333 (i) (2). 7) Appointment to the Community Services Foundation It is recommended that the City Council accept the recommendation of the Community and Senior Services Commission to fill a vacancy on the West Covina Community Services Foundation Board of Directors with Community and Senior Services Commissioner Phil Kaufman. FINANCE DEPARTMENT 8) Authorize Refinancing of Taxable Variable Rate Demand Tax Allocation Bonds, Series 1999 It is recommended that the West Covina Public Financing Authority (the "Authority") Board authorize refinancing of its Taxable Variable Rate Demand Tax Allocation Bonds, Series 1999, by adopting the following resolution: RESOLUTION NO. 28 - A RESOLUTION OF THE WEST COVINA PUBLIC FINANCING AUTHORITY AUTHORIZING THE REFUNDING OF ITS TAXABLE VARIABLE RATE DEMAND TAX ALLOCATION BONDS, SERIES 1999 (REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA - WEST COVINA REDEVELOPMENT PROJECT - SUBORDINATE LIEN) AND AUTHORIZING THE DELIVERY OF CERTAIN DOCUMENTS AND THE UNDERTAKING OF CERTAIN ACTIONS IN CONNECTION THEREWITH PLANNING DEPARTMENT 9) Courtesy Notification Standards for Code Amendments 16-02 (Temporary Signage), and 16-04/16-05 (Marijuana Regulations) 5 Agenda material is available at www.westeovina.org Tuesday October 04, 2016 It is recommended that the City Council instruct staff to complete the courtesy noticing as identified in the staff report. POLICE DEPARTMENT 10) Helicopter Law Enforcement (Airship) Services It is recommended that the City Council: 1.) Authorize the City Manager to enter into an agreement with the County of Los Angeles, subject to City Attorney approval, for helicopter patrol law enforcement services as needed; and 2.) Appropriate a total of $30,000 in federal asset forfeiture funds from the fund balance of Fund 117 into 117.31.3120.6120. 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 11) Ordinance Amending West Covina Municipal Code Regarding Removal of Commissioners and Application Requirements It is recommended that City Council introduce and give first reading to, and waive further reading of, the proposed Ordnance as it may be amended by the City Council action. ORDINANCE NO. 2301 - AN ORDNANCE OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING SECTIONS 2-67 (d) AND 2-69 (e)(1) OF CHAPTER 2, ARTICLE III , OF THE WEST COVINA MUNICIPAL CODE REGARDING REMOVAL OF COMMISSIONERS Motion by second by introduce 6 Agenda material is available at www.westcovina.arg Tuesday October 04, 2016 CITY MANAGER'S OFFICE 12) Analysis or Various City/Successor Agency Owned Property It is recommended that the City Council provide direction to City staff. Motion by second by to FINANCE DEPARTMENT 13) Preliminary Fourth Quarter Financial Report for Fiscal Year 2015-2016 and Capital Improvement Program (CIP) Update It is recommended that the City Council receive and file the preliminary Fourth Quarter Financial Report for Fiscal Year 2015-2016. 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 MIKE SPENCE — 14) Proposed Closure of Walnut Creek Bikeway It is recommended that the City Council direct staff accordingly. Motion by second by to 15) Impact of New Interstate 10 Sound Wall It is recommended that City Council authorize City staff to reach out to businesses along Interstate 10 to educate them on the sign standards and encourage them to apply for new 7 Agenda material is available at www.westeovina.org Tuesday October 04, 2016 signage if desired. Motion by second by to 10 Evaluation of Homelessness in City Parks It is recommended that the City Council provide staff direction. Motion by to second by COUNCILMAN TONY WU 17) Senior Services Program Update It is recommended that the City Council provide staff direction. 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 Ch).) 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 18) Request from Mayor James Toma Requesting the City Council's Consensus to Direct Staff to Prepare a Report Regarding the Current Process for Approval of Liquor Stores in the City of West Covina and Potential Alternatives It is recommended that the City Council direct staff accordingly. Motion by second by to 8 Agenda material is available at www.westcovina.org Tuesday October 04, 2016 MAYOR PRO TEM COREY WARSHAW 19) Request from Mayor Pro Tern Corey Warshaw Requesting the City Council's Consensus to Develop a Campaign Contribution Limitation Ordinance from Contractors and Subcontractors of The City of West Covina It is recommended that the City Council direct staff accordingly. Motion by second by to COUNCILMAN LLOYD JOHNSON 20) Request from Councilman Lloyd Johnson Requesting the City Council's Consensus to Direct Staff to Author a Support Letter Regarding H.R. 5936 Veterans Care Agreement and West Los Angeles Leasing Act of 2016 It is recommended that the City Council direct staff accordingly. Motion by second by to COUNCILMAN TONY WU 21) Request from Councilman Tony Wu Requesting the City Council's Consensus to Direct City Staff to Prepare a Report Reviewing the City's Policy on Issuance of City Commendations and Consideration to Modernize the Design of Current Commendations. It is recommended that City Council direct staff accordingly Motion by second by to CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Closed Session 10/18/2016 6:00 PM 9 Agenda material is available at www.westcovina.org Tuesday October 04, 2016 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 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. 10 Agenda material is available at www.westeovina.org