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03-07-2017 - RegularCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY/ HOUSING AUTHORITY TUESDAY MARCH 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 Councilmemher James Toma 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.ore. 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. OFFICE-OF TM CITY CLERK 1 CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR 11-IE MEETING 0F3 n I PWAS POSTED IN ACCORD4IC4 WITH11-IE 01187 BROWN ACT AMENDMENT EIAM.D:)31)-1 1777) Tuesday March 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 March 07, 2017 AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY/ HOUSING AUTHORITY TUESDAY MARCH 07, 2017, 7:00 PM REGULAR MEETING INVOCATION Led by Community Relations Pastor at Faith Community Church & West Covina Police Chaplain Kelly Dupee PLEDGE OF ALLEGIANCE Led by Mayor Corey Warshaw ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS After School Program - EDT Media Presentation Presentation by Caltrans on the Status of the 1-10 High Occupancy Vehicle (HOV) Project 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 March 07, 2017 APPROVAL OF MEETING MINUTES (receive & file) 1) • October 17, 2016 Special City Council/Planning Commission Meeting Minutes - Glendora Avenue Redesign Project Workshop • October 18, 2016 Regular City Council Closed Session Meeting Minutes • October 18, 2016 Regular City Council/West Covina Community Services Foundation Meeting Minutes • November 1, 2016 Regular City Council/Successor Agency Closed Session Meeting Minutes • November 1, 2016 Regular City Council Meeting Minutes • November 1, 2016 Regular Successor Agency Meeting Minutes • November 15, 2016 Regular City Council Closed Session Meeting Minutes • November 15, 2016 Regular City Council Meeting Minutes • February 13, 2017 Special City Council/Planning Commission Meeting Minutes - Special Downtown Plan Training Session CLAIMS AGAINST THE CITY 2) Government Tort Claim Denial It is recommended that the City Council deny the following Government Tort Claim and the claimant be notified: Jordan Arutian vs. The City of West Covina ORDINANCES FOR ADOPTION 3) 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 recommended 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) Code Amendment No. 14-04 Instructional Tasting of Alcoholic Beverages General Exemption It is recommended that the City Council adopt the following ordinance: 4 Agenda material is available at www.westeovina.org Tuesday March 07, 2017 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 5) Ordinance Amending West Covina Municipal Code Regarding Prohibiting Smoking in Public Parks and Places Except those Areas Designated as Smoking Areas It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2314 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTOINS 16-17 AND 16-18 OF THE WEST COVINA MUNICIPAL CODE TO PROHIBIT SMOKING IN PUBLIC PARKS AND PUBLIC PLACES INVESTMENT REPORT (receive & file) 6) City Investment Report for the Month Ended January 31, 2017 It is recommended that the City Council receive and file the Investment Report for the month ended January 31, 2017. 7) Successor Agency Investment Report for the Month Ended January 31, 2017 It is recommended that the Chair and Board Members of the Successor Agency to the former West Covina Redevelopment Agency, receive and file the Investment Report for the month ended January 31, 2017. CITY MANAGER'S OFFICE 8) First Amendment to the Retainer Agreement for City Attorney Services It is recommended that the City Council authorize the City Manager to execute the First Amendment to the Retainer Agreement for City Attorney Services between the City of West Covina and the law firm of Jones & Mayer extending the term of the agreement to August 19, 2019. FINANCE DEPARTMENT 9) Minutes for Special Audit Committee Meeting It is recommended that the City Council receive and file the Minutes for the Special Audit Committee meeting held on June 14, 2016. 5 Agenda material is available at www.westcovina.org Tuesday March 07, 2017 10) Fiscal Year 2016-17 Budget Amendments It is recommended that the City Council approve the proposed Fiscal Year 2016-17 Budget Amendments: 1) Appropriate revenues in the amount of $49,507.06 to the General Fund miscellaneous reimbursements (Aect4 110.32.4647) and expenditures in the amount of $49,507.06 to Fire Overtime (Acct # 110.32.3210.5113) for reimbursements received from the State of California Department of Forestry and Fire Protection for the Fire Department's assistance in the "Goose," "Chimney" and "Willard" fires; and 2) Authorize the necessary appropriations to close the Integrated Waste Management Fund (Fund 120) into the General Fund. 11) Information Technology Grant It is recommended that the City Council: 1) Authorize the City Manager to enter into an agreement with the cathode ray tubes (CRT) Settlement Fund for an information technology grant; and 2) Establish Project 417040 and appropriate revenue in the amount of $36,060 to the State Grant (Acct# 17040.162.200) and expenditures in the amount of $36,060 for Senior Center Lab upgrades and City Hall WiFi (Aect# 17040.162.7900). FIRE DEPARTMENT 12) Ratify the Agreement and Increase the Compensation Amount with MAK Fire Protection Engineering and Consulting and PE Consulting Group for Fire Plan Review Services It is recommended that the City Council take the following actions: 1) Ratify the three-year agreement with MAK Fire Protection Engineering and Consulting dated July I, 2015; and 2) Ratify the three-year agreement with PE Consulting Group dated July 1, 2015; and 3) Authorize the City Manager to execute an amendment to the three-year agreement with MAK Fire Protection Engineering & Consulting to provide fire plan review services and increase the not to exceed amount from $30,000 to $50,000 per year; and 4) Authorize the City Manager to execute an amendment to the three-year agreement with PE Consulting Group to provide fire plan review services and increase the not exceed amount from.$30,000 to $50,000 per year; and 5) Authorize the City Manager to appropriate revenue in the amount of $40,000 to Fire Plan Check/Inspection Fees (Acct# 110.32.4200.4630) and expenditures in the amount of $40,000 to Professional Services (Acct4 110.32.3230.6110) for fire plan review services. 6 Agenda material is available at www.westcovina.org Tuesday March 07, 2017 PUBLIC WORKS 13) Award of Contract for Purchase and Installation of Catch Basin Inserts at Various Locations (Project No. 17008) It is recommended that the City Council take the following actions: 1) Authorize the City Manager to execute a contract with Bio-Clean, A Forterra Company, in the amount of $35,179 for the purchase and installation of catch basin inserts at various locations in the City; and 2) Approve the Bio Clean catch basin inserts as the standard storm water capture devices for City owned drainage facilities until June 30, 2022. 14) Approval of Professional Services Agreement with Chen Ryan Associates, Inc. for . Preparation of a Comprehensive Bicycle Master Plan with a Pedestrian Element (Project No. G-17004) It is recommended that the City Council take the following actions: 1) Authorize the City Manager to execute a professional services agreement with Chen Ryan Associates, Inc. in the amount of $84,318 for the preparation of a Comprehensive Bicycle Master Plan with a Pedestrian Element; and 2) Appropriate an additional $25,000 from the Transportation Development Act (TDA) fund balance to Bike and Pedestrian Friendly Master Plan project (Acct# 17004.128.7900) to cover the shortfall in funding. 15) Award of Bid for Cameron Avenue Sewer Main Rehabilitation Project (Project No. U-16030) It is recommended that the City Council take the following actions: 1) Accept the bid from Vasilj, Inc., of Irwindale, California in the amount of $635,500 as submitted at the bid opening on February 22, 2017 and authorize the City Manager to execute an agreement with Vasilj, Inc. for the work to be done; and 2) Appropriate expenditures in the amount of $275,000 in the Citywide Sewer Service Charge fund to Project No. U-16030 (Acct# 16030.189.7400). 16) Award of Bid for Door Access Control System at City Facilities (Project No. BP- 17006) It is recommended that the City Council take the following actions: I) Accept the bid from VAS Security Systems, Inc., of Simi Valley, California in the amount of $368,616.49 as submitted at the bid opening on February 22, 2017 and authorize the City Manager to execute an agreement with VAS Security Systems, Inc. for the work to be done; and 7 Agenda material is available at www.rvestcovina.org Tuesday March 07, 2017 2) Appropriate expenditures in the amount of $147,235 from Federal Asset Forfeiture fund balance to the Door Access Control project (Acct# 17006.117.7500). 17) Reduction of Faithful Performance and Labor and Material Bonds for Taylor Morrison of California, LLC (Administrative Use Permits 14-15 through 14-38 and 15-03 through 15-07) It is recommended that the City Council reduce the amount of the Faithful Performance Bond from $636,530 to $61,488 and Labor and Material Bond from $221,250 to $61,488 for the Taylor Morrison of California, LLC project (Administrative Use Permit 14-55 through 14-38 and 15-03 through 15-07). 18) Award of Bid for Palm View Park Soccer Field Improvements (Project No. PP- 16008) It is recommended that the City Council accept the bid from IVL Contractors, Inc. of Rialto, California in the amount of $193,300 as submitted at the bid opening on March 1, 2017, and authorize the City Manager to execute a contract with IVL Contractors, Inc. for the work to be done. 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 19) Authorization to Draft the FY 2017-2018 Community Development Block Grant (CDBG) Action Plan a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is recommended that the City Council direct staff to develop a draft FY 2017-2018 CDBG Action Plan, based on the needs and priorities identified in the 2015-2020 Consolidated Plan, as amended. 8 Agenda material is available at www.westeovina.org Tuesday March 07, 2017 Motion by to second by DEPARTMENTAL REGULAR MATTERS FINANCE DEPARTMENT 20) Comprehensive Annual Financial Report (CAFR) and Other Related Reports for the Year Ended June 30, 2016 It is recommended that the City Council take the following actions: 1) Receive and file following letters and financial reports for the year ended June 30, 2016: Comprehensive Annual Financial Report (CAFR); Government Auditing Standards Letter; Audit Communication Letter; Best Practices Letter; West Covina Housing Authority Fund Financial Report; Air Quality Improvement Fund Financial Statements; and Agreed-Upon Procedures related to the City's calculation of the GANN Limit. 2) Consider the Audit Committee recommendations as outlined in the staff report and provide direction to City staff. Motion by to second by 21) Second Quarter Financial Report for Fiscal Year 2016-17 It is recommended that the City Council receive and file the Second Quarter Financial Report for Fiscal Year 2016-17. Motion by to second by 9 Agenda material is available at www.westcovina.org Tuesday March 07, 2017 MAYOR/COUNCILMEMBERS REPORTS MAYOR COREY WARSHAW 22) Request from Mayor Warshaw for City Council to Discuss Taking a Formal Position Either Supporting or Opposing SB 57 (Stern) - Natural Gas Storage: Moratorium It is recommended that the City Council discuss whether or not to take a formal position regarding SB 57 (Stern) - Natural Gas Storage: Moratorium, and direct staff to send a letter to the author, as well as our local legislators, if a formal position is taken. Motion by second by to MAYOR PRO TEM MIKE SPENCE 23) Request from Mayor Pro Tern Mike Spence for City Council to Sign the Hidden Heroes Resolution Recognizing Military and Veteran Caregivers It is recommended that the City Council discuss signing the Hidden Heroes Resolution recognizing military and veteran caregivers (Resolution No. 2017-9) as requested by the Elizabeth Dole Foundation. Motion by second by to COUNCILMEMBER JAMES TOMA 24) Policy on the Use of Council Chambers Audio/Visual Equipment by Members of the Public • It is recommended that the City Council discuss the draft proposal for the use of Council Chambers audio/visual equipment by members of the public and direct staff accordingly. Motion by second by to ABI234 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 4f- 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.) 10 Agenda material is available at wrov.westcovitta.org Tuesday March 07, 2017 CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Special Closed Session 03/20/2017 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 MARCH 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 I CERTIFY THAT A COPY OF TFIE COUNCIL AGENDA FOR THE MEETING OF 31 7117WAS POSTED 1N ACCORDAN E WITH THE 01187 BROWN ACT AMENDMENT WHO 3 W-1-U OFFICE OF THE CLERK Tuesday March 07, 2017 CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) City of Gardena v. Regional Water Quality Control Board, etc. OCSC Case No. 30-2016-00833722 and Related Case — The Cities of Duarte & Huntington Park v. State Water Resources Control Board, etc. OCSC Case No. 30-2016-00833614 CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION Pursuant to Government Code § 54956.9(d)(4) Number of Cases: One (1) 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