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02-21-2017 - RegularCITY OF WEST COVINA CITY COUNCIL/PUBLIC FINANCING AUTHORITY TUESDAY FEBRUARY 21, 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 Councilmember 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 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 COPY OF THE COUNCIL AGENDA FOR THE MEETING OF4 WAS POSTED IN ACCORDANCE WITH THE 010 BROWN ACT AMENDMENT DATz-Litz.k7 RAIL- Tuesday February 21, 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 (dentin, 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 Cade 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 21, 2017 AGENDA CITY OF WEST COVINA CITY COUNCIL/PUBLIC FINANCING AUTHORITY TUESDAY FEBRUARY 21, 2017, 7:00 PM REGULAR MEETING INVOCATION Pastor Grace Wabuke Faith Community Church PLEDGE OF ALLEGIANCE Led by Councilmember James Tonna . ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Recognition of West Covina Police Department Explorers Check Presentation by West Covina Christian Church to the City of West Covina Presentation of Student Government Day Participants and members of the Kiwanis Club After School Program Donor Recognition - The McIntyre Companies Presentation by Mt. San Antonio College Board of Trustees Members Robert Hidalgo and Dr. David Hall 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 February 21, 2017 CONSENT CALENDAR ,4l1 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 removedfrom the Consent Calendar for separate discussion or ac(ion. APPROVAL OF MEETING MINUTES (receive & file) 1) September 20, 2016 Regular Closed Session Meeting Minutes September 20, 2016 Regular City Council Meeting Minutes September 20, 2016 Regular Successor Agency Meeting Minutes September 28, 2016 Special Community Town Hall Meeting Minutes October 4, 2016 Regular Closed Session Meeting Minutes October 4, 2016 Regular City Council/Housing Authority/Public Financing Authority/West Covina Community Services Foundation Meeting Minutes October 4, 2016 Regular Successor Agency Meeting Minutes COMMISSION SUMMARY OF ACTIONS (receive & file) 2) June 28, 2016 Human Resources Commission Summary of Actions ORDINANCES FOR ADOPTION 3) 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 adopt 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 FINANCE DEPARTMENT 4) Extension of Letter of Credit for the West Covina Public Financing Authority Variable Rate Lease Revenue Bonds, 2004 Series A and 2004 Series B and Extension of Continuing Covenant Agreement for the West Covina Public Financing Authority Variable Rate Lease Revenue Refunding Bonds, 2002 Series B and 2005 Series C It is staffs recommendation that the City Council take the following actions: 1) Approve Letter of Credit Fee Agreement with Wells Fargo Bank; and 2) Approve a Second Amendment to Continuing Covenant Agreement with Wells Fargo Bank; and 4 Agenda material is available at www.westcovina.org Tuesday February 21, 2017 3) Authorize the City Manager to execute all necessary documents, substantially the form attached thereto subject to revisions authorized by the City Attorney. 5) Extension of Continuing Covenant Agreement for the West Covina Public Financing Authority Variable Rate Lease Revenue Refunding Bonds, 2002 Series B and 2005 Series C It is staffs recommendation that the Public Financing Authority Board take the following actions: 1) Approve a Second Amendment to Continuing Covenant Agreement with Wells Fargo Bank; and 2) Authorize the Executive Director to execute all necessary documents, substantially the form attached thereto subject to revisions authorized by the City Attorney. 6) Fiscal Year 2016-17 Budget Amendment It is staffs recommendation that the City Council: 1) Appropriate expenditures in the amount of $25,000 in the General Fund to Elections (Acct# 110.12.1210.6118) for print and mailing notices for the change of election date; and 2) Waive the bid process and authorize a purchase order with Martin & Chapman Co. totaling $25,000, in accordance with Municipal Code Chapter 2, Article VII, Division 2 Sec. 2-330 (b), which states that the City Council can dispense with the bidding process when it proves to be impracticable or uneconomical. HUMAN RESOURCES 7) Amendments to the Memoranda of Understanding with the General Employees' Association, the Confidential Employees' Association, the Maintenance and Crafts Employees' Association and the Mid-Management Employees' Association and the Appropriation of Funds It is staffs recommendation that the City Council take the following actions: 1) Appropriate $297,382 from the General Fund fund balance and other funds as deemed appropriate to be allocated to the various department personnel cost accounts for Fiscal Year 2016-2017; and 2) Adopt the following resolution: RESOLUTION NO. 2017-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA; CALIFORNIA, AMENDING THE MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE GENERAL EMPLOYEES' ASSOCIATION, THE CONFIDENTIAL EMPLOYEES' 5 Agenda material is available at www.westeovina.org Tuesday February 21, 2017 ASSOCIATION, THE MAINTENANCE AND CRAFTS EMPLOYEES' ASSOCIATION AND THE MID-MANAGEMENT EMPLOYEES' ASSOCIATION FOR THE PERIOD OF JULY 1,2017; and 3) Rescind the September 15, 2015, City Council action to implement the five day work week. PLANNING DEPARTMENT 8) Consultant Services Agreement for the Preparation of a Transportation Impact Fee Study It is staffs recommendation that the City Council take the following actions: 1) Authorize the City Manager to execute an eighteen month agreement with Economic and Planning Systems, Inc. (EPS)/Stantec in the amount of $97,000 to provide consulting services associated with preparing a transportation impact fee study to determine appropriate fees; and 2) Appropriate $22,000 from the General Fund fund balance to Professional Services (Account# 110.21.2110.6110). POLICE DEPARTMENT 9) Purchase of Mobile Data Computers for Police Vehicles It is staffs recommendation that the City Council authorize the purchase of sixty (60) Latitude Rugged mobile data computers from Dell, totaling $186,672.06 per WCSA- NASPO contract pricing, in accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333 (i) (2), and the findings of the West Covina Finance Department. 10) Asset Forfeiture Funds for Police Computer Technology Services It is staffs recommendation that the City Council take the following actions: 1) Appropriate a total of $299,265 in federal asset forfeiture funds from the fund balance of Fund 117 into Other Contractual Services (Acct.# 117.31.3119.6120); and 2) Authorize the City Manager to enter into an agreement (of up to $150,000/24 months) with Scientia Consulting Group, subject to City Attorney approval, for continued specialized police information technology services, from account 117.31.3119.6120, in accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (9), which states that professional services, including computer consultants, are exempt from bidding procedures; and 3) Authorize the City Manager to enter into an agreement (totaling $49,265/36 months) with Pyramid Analytics, subject to City Attorney approval, for specialized CAD-RMS graphical interface services, from account 117.31.3119.6120, in accordance with 6 Agenda material is available at www.westcovina.org Tuesday February 21, 2017 Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (c), which states that professional services, including computer consultants, are exempt from bidding procedures. PUBLIC WORKS 11) Professional Services Agreement with Civil Source, Inc. for the Design of Azusa Sewer Lift Station Upgrades (Project No. SP-17022) It is staffs recommendation that the City Council authorize the City Manager to execute a professional services agreement with Civil Source, Inc. in the amount of $88,460 for the design of the Azusa Sewer Lift Station Upgrades. 12) Agreement with Willdan Financial Services to Provide Assessment Engineering Services It is staffs recommendation that the City Council take the following actions: 1) Authorize the City Manager to execute a three-year agreement with Willdan Financial Services in the total amount not to exceed $77,886 for assessment engineering services for City's special maintenance districts; and 2) Appropriate expenditures in the amount of $1,720 in the Landscape Maintenance District No. 4 fund to Professional Services (Acet# 184.41.4145.6110); and 3) Appropriate expenditures in the amount of $1,078 in the Landscape Maintenance District No 6 fund to Professional Services (Aced/ 186.41.4145.6110; and 4) Appropriate expenditures in the amount of $1,303 in the Landscape Maintenance District No. 7 fund to Professional Services (Acct# 187.41.4145.6110; and 5) Appropriate expenditures in the amount of $5,276 in the Citywide Lighting and Maintenance District fund to Professional Services (Acct # 188.41.4133.6110). 13) Safe of Surplus Vehicles and Equipment It is staffs recommendation that the City Council authorize the sale of 38 surplus vehicles and equipment listed below by a public auction company, US Auctions, in accordance with Section 2-316 of the West Covina Municipal Code. 14) Lot Line Adjustment No. 190 - 1527, 1533, 1543 W. Elgenia Street It is staffs recommendation that the City Council adopt the following resolution: RESOLUTION NO. 2017-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 190 AT 1527, 1533, AND 1543 W. ELGENIA STREET AND DIRECTING THE RECORDATION THEREOF 7 . Agenda material is available at www.westcovina.org Tuesday February 21, 2017 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 HEARINGS PUBLIC HEARINGS 15) Proposed Amendments to the Community Development Block Grant (CDBG) Fiscal Year 2016-2017 Action Plan a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is staffs recommendation that the City Council take the following actions: 1) Approve the proposed amendments to the CDBG FY 2016-2017 Action Plan as detailed in Table 1; and 2) Establish CIP Project# 17038 for Street Rehabilitation and appropriate expenditures in the amount of $500,000 to the CDBG Fund (Account# 17038.131.7200); and 3) Appropriate expenditures in the amount of $161,623 to the CDBG Fund for Palm View Park Improvements (Account# 16008.131.7700). Motion by adopt second by disapprove hold over 16) Code Amendment No. 14-04 Instructional Tasting of Alcoholic Beverages General Exemption a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is staffs recommendation that the City Council introduce, waive 8 Agenda material is available at www.westcovina.org Tuesday February 21, 2017 further and give first reading to the following ordinance: ORDINANCE NO. 2313 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 14-04, RELATED TO THE INSTRUCTIONAL TASTING OF ALCOHOLIC BEVERAGES AT OFF-SALE RETAIL LICENSED BUSINESSES Motion by second by introduce disapprove hold over ROLL CALL: Johnson, Spence, Toma, Wu, Warshaw MAYOR/COUNCILMEMBERS REPORTS MAYOR COREY WARSHAW 17) Request from Mayor Corey Warshaw for City Council to Discuss Taking a Formal Position Either Supporting or Opposing Measure H - Los Angeles County Plan to Prevent and Combat Homelessness It is staffs recommendation that the City Council discuss whether or not to take a formal position regarding Measure H - Los Angeles County Plan to Prevent and Combat Homelessness that will be on the March 7, 2017 ballot arid direct staff to send a letter to the Los Angeles County Board of Supervisors, if a formal position is taken. Motion by to second by 18) Request from Mayor Corey Warshaw for City Council to Sign the Mayor's Pledge from the Milken Institute Center for the Future of Aging It is staffs recommendation that the City Council discuss signing the Mayor's Pledge from the Milken Institute Center for the Future of Aging and direct staff to send a response to the requestors. Motion by second by to MAYOR PRO TEM MIKE SPENCE 19) Request from Mayor Pro Tern Spence for City Council to Discuss taking a Formal Position either Supporting or Opposing SB 54 (De Leon) and SB 231 (Hertzberg) It is staffs recommendation that the City Council discuss whether or not to take a formal position regarding SB 54 and SB 231 and direct staff to send a letter to the authors, as well as our local legislators, if a formal position is taken. 9 Agenda material is available at www.westeovina.org Tuesday February 21, 2017 Motion by second by to COUNCILMEMBER JAMES TOMA 20) Prohibition of Smoking in Public Parks and Public Facilities It is staffs recommendation that the City Council provide City staff with direction on this matter. Motion by second by to AB1234 Conference and Meeting Report (verbal, i [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.) DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 21) 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 introduce, waive further and give first reading to 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 MITNICIPAL CODE RELATING TO CAMPAIGN CONTRIBUTIONS BY CONTRACTORS, SUBCONTRACTORS, VENDORS AND APPLICANTS FOR ENTITLEMENT Motion by second by introduce disapprove hold over ROLL CALL: Johnson, Spence, Toma, Wu, Warshaw CITY COUNCIL COMMENTS ADJOURNMENT 10 Agenda material is available at www.westcovina.org Tuesday February 21. 2017 Next Tentative City Council Meeting Closed Session 03/07/2017 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 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 CITY OF WEST COVINA CITY COUNCIL TUESDAY FEBRUARY 21, 2017, 6:00 PM REGULAR MEETING - CLOSED SESSION CITY MANAGERS CONFERENCE ROOM 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Corey Warshaw Mayor Pro Tern Mike Spence Councilman Lloyd Johnson Councilmember James Torna 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 LIzt It? WAS POSTED IN ACCORDANCE WRI THE 01187 BROWN ACT AMENDMENT 'CLERK Tuesday February 21, 2017 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Goverment Code § 54956.8 Property: 1433 E. Puente Ave., West Covina, CA 91790 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) David Cole v. City of West Covina (Case No.'s ADJ9053774, ADJ8871955, ADJ8871943) Todd Hills v. City of West Covina (Case No.'s ADJ9190689, ADJ9190688, ADJ9323756, ADJ9964951) Alan Rowe v. City of West Covina (Case No. ADJ9584208) Joe Serrano v. City of West Covina (Case No. WCWC-0948) Sanchez v. City of West Covina (Los Angeles Superior Court Case No. BC634674) 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.westcovitta.org