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02-07-2017 - RegularCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY FEBRUARY 07, 2017, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Corey Warshaw Mayor Pro Tern Mike Spence Councilman Lloyd Johnson Couneihn ember James Toma 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 MATERML 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.orff. 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. 1 CEFMFY NAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING n 7WAS POSTED IN ACCORDANCIE W IVH THE 01187 BROWN ACT AMENDMENT CLERK Tuesday February 07, 2017 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 February 07, 2017 AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY FEBRUARY 07, 2017, 7:00 PM REGULAR MEETING INVOCATION Rev. Dr. Mason K. Okubo Immanuel First Lutheran Church PLEDGE OF ALLEGIANCE Led by Councilman Tony Wu ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS 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.ivesteovina.org Tuesday February 07, 2017 APPROVAL OF MEETING MINUTES (receive & file) 1) August 16, 2016 Regular City Council/Successor Agency/Housing Authority Closed Session Meeting Minutes August 16, 2016 Regular City Council Meeting Minutes August 30, 2016 Special City Council/Planning Commission Meeting Minutes September 6, 2016 Regular City Council Closed Session Meeting Minutes September 6, 2016 Regular City Council Meeting Minutes September 6, 2016 Regular Successor Agency Meeting Minutes COMMISSION SUMMARY OF ACTIONS (receive & file) 2) November 8, 2016 Community and Senior Services Commission Summary of Actions CLAIMS AGAINST THE CITY 3) Government Tort Claim Denials It is staffs recommendation that the City Council deny the following Government Tort Claims and the claimants be notified: Alfredo Almanza vs. The City of West Covina Gerald Gaw vs. The City of West Covina Jesus Gonzalez vs. The City of West Covina Richard Romant vs. The City of West Covina ORDINANCES FOR ADOPTION 4) Ordinance Amending West Covina Municipal Code Regarding Restriction of Campaign Contributions by City Contractors, Subcontractors, and Vendors doing Business with the City, and Entitlement Applicants It is staffs recommendation that the City Council adopt the following ordinance: ORDINANCE NO. 2312 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2, ARTICLE VIII OF THE WEST COVINA MUNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTIONS BY CONTRACTORS, SUBCONTRACTORS, VENDORS AND APPLICANTS FOR ENTITLEMENT 4 Agenda material is available at www.westeovina.org Tuesday February 07, 2017 CITY INVESTMENT REPORT (receive & file) 5) City Investment Report for the Month Ended December 31, 2016 It is staffs recommendation that the City Council receive and file the Investment Report for the month ended December 31, 2016. 6) Successor Agency Investment Report for the Month Ended December 31, 2016 It is staffs recommendation that the City Council, acting as the Successor Agency to the former West Covina Redevelopment Agency, receive and file the Investment Report for the month ended December 31, 2016. CITY MANAGER'S OFFICE 7) Annual Appointment of the City Council Representatives to External Advisory Boards It is staffs recommendation that the City Council do the following: 1) Confirm the Mayor's appointments to the various organizations described in the staff report; and 2) Adopt the following resolution appointing a representative and alternate to the San Gabriel Valley Council of Governments: RESOLUTION NO. 2017-1 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, NAMING COUNCILMEMBER JAMES TOMA AS THE GOVERNING BOARD REPRESENTATIVE TO SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, AND MAYOR COREY WARSHAW AS THE ALTERNATE COMMUNITY SERVICES DEPARTMENT 8) National League of Cities Prescription Discount Program It is staffs recommendation that the City Council authorize City staff to promote the National League of Cities Prescription Discount Program, which benefits residents in West Covina who do not have prescription drug insurance. 9) Award of Contract for Fourth of July Fireworks It is staffs recommendation that the City Council authorize the City Manager to execute a three (3) year agreement with two (2) one-year renewal options with Fireworks & Stage FX America to provide fireworks for the Fourth of July Celebration in the amount of $19,500 per year, not to exceed $97,500. 5 Agenda material is available at www.westcovina.org Tuesday February 07, 2017 10) New Farmers Market Management Team It is staffs recommendation that the City Council authorize the City Manager to enter into a five (5) year agreement with Farmers Markets and Local Community Events to provide a weekly Farmers Market in the City's right of way on Glendora Avenue. FINANCE DEPARTMENT 11) Fiscal Year 2016-17 Budget Amendments It is staffs recommendation that the City Council approve the proposed Fiscal Year 20 16- 17 Budget Amendments: 1) Appropriate expenditures in the amount of $2,968,432 from the Redevelopment Retirement Obligation Fund and decrease expenditures in the amount of $2,968,432 from the Successor Agency Debt Services Fund; and 2) Authorize the City Manager to execute the grant documentation needed to accept the Mobile Source Air Pollution Reduction Review Committee's (MSRC) 2015 Local Government Match Program Grant and appropriate revenue in the amount of $54,199 to the Air Quality Improvement Trust Fund (Acct# 17002.119.500) and expenditures in the amount of $54,199 to the Air Quality Improvement Trust Fund (Acct# 17002.119.7500) for the Electronic Vehicle (EV) Charging Stations CIP project #17002. PLANNING DEPARTMENT 12) Courtesy Notification Standards for Code Amendments 14-05 (Entitlement Processing), 16-07 (Off-Sale Alcohol) and 17-01 (Second Units/Accessory Living Quarters) It is staffs recommendation that the City Council instruct staff to complete the courtesy notice mailings as identified in this staff report. PUBLIC WORKS 13) Purchase of Rovver X130 Crawler Sewer Camera System and Truck It is staffs recommendation that the City Council take the following actions: 1) Approve a purchase order to Haaker Equipment Company in the amount of $187,436.40 (including sales tax, delivery and options) for the purchase of the Rovver X130 Crawler Sewer Camera System and truck; and 2) Confirm the Finance Department/Purchasing Officer's findings that the purchase and delivery of the camera system and truck through the National Joints Powers Alliance (NJPA) Cooperative Purchasing Agreement satisfies West Covina's bid process as stated 6 Agenda material is available at www.westeovMa.org Tuesday February 07, 2017 in the West Covina Municipal Code Chapter 2, Article VII, Division 2, Section 2- 333(i)(2); and 3) Appropriate $87,436.40 from Sewer Fund 189 fund balance to cover the shortfall in funding. 14) Release of Faithful Performance Guarantee for Tract No, 72320 It is staffs recommendation that the City Council accept all on and off-site improvements for Tract No. 72320 located at 520 S. Lark Ellen Avenue and authorize the release of Faithful Performance and Labor and Material Bonds in the amount of $790,850 and $39,400 respectively. ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented except: ROLL CALL: Johnson, Spence, Toma, Wu, Warshaw END OF CONSENT CALENDAR DEPARTMENTAL REGULAR MATTERS COMMUNITY SERVICES DEPARTMENT 15) Repealing Chapter 6 of the West Covina Municipal Code and Adopting by Reference Title 10 of the Los Angeles County Code of Ordinance Relating to Animal Control, as Amended It is staffs recommendation that the City Council introduce and give first reading and waive further reading to the following ordinance: ORDINANCE NO. 2305 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING CHAPTER 6 OF THE WEST COVINA MUNICIPAL CODE AND ADOPTING BY REFERENCE TITLE 10 OF THE LOS ANGELES COUNTY CODE OF ORDINANCES RELATING TO ANIMAL CONTROL, AS AMENDED Motion by second by introduce disapprove hold over ROLL CALL: Johnson, Spence, Toma, Wu, Warshaw 7 Agenda material is available at www.westeovina.arg Tuesday February 07, 2017 MAYORJCOUNCILMEMBERS REPORTS MAYOR PRO TEM MIKE SPENCE 16) Request from Mayor Pro Tern Mike Spence Regarding Possible Amendment of Ordinance Regarding Campaign Contributions It is staffs recommendation that the City Council discuss and direct staff accordingly. Motion by second by to COUNCILMEMBER JAMES TOMA 17) Long Term Contract Listing It is staffs recommendation that the City Council receive and file this informational report. A111234 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/- 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.) COUNCILIVIEMBER JAMES TOMA 18) Request from Councilmember James Toma regarding use of Council Chambers Audio/Visual Equipment by Members of the Public It is staffs recommendation that the City Council discuss the use of Council Chambers audio/visual equipment by members of the public and direct staff accordingly. Motion by second by to CITY COUNCIL COMMENTS ADJOURNMENT 8 Agenda material is available at www.westenvina.org Tuesday February 07, 2017 Next Tentative City Council Meeting Regular Meeting — Closed Session 02/21/2017 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 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 I48(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 Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor. 9 Agenda material is available at www.westcovina.org CITY OF WEST COVINA CITY COUNCIL TUESDAY FEBRUARY 07, 2017, 6:00 PM REGULAR MEETING - CLOSED SESSION CITY MANAGER'S CONFERENCE ROOM 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 Mayor Corey Warshaw Mayor Pro Tern Mike Spence Councilman Lloyd Johnson Councilmember James Toma 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 mariner. 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 CEFMFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF A n hi WAS POSTED IN ACCORDANCE WITH THE 01/87 BROWN ACT AMENDMENT — -7 OFFICE OF TRE CIIYCLERK Tuesday February 07, 2017 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: 2121 East Shadow Oak Dr., 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): 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, Hall 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 Amended — Additional case added to Closed Session Item "Conference with Legal Counsel-Anticipated Litigation" CITY OF WEST COVINA CITY COUNCIL TUESDAY FEBRUARY 07, 2017, 6:00 PM REGULAR MEETING - CLOSED SESSION CITY MANAGER'S CONFERENCE ROOM 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Corey Warshaw Mayor Pro Tern Mike Spence Councilman Lloyd Johnson Councilmember James Toma 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 1 CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF A r7 -7NAS POSTED IN ACCORDANQE WITh THE 01/87 BROWN ACT AMENDMENT PaE-Dd _t1 Fs, OFFICE OF THE CI CLEFUji—L- Tuesday February 07, 2017 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: 2121 East Shadow Oak Dr., West Covina, CA Agency Negotiator: Freeland, I-Tall 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): 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: Three (3) 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, Hall 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.westeovina.org