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05-02-2017 - RegularCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY MAY 02, 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 cc//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 tvww.westcovitta.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 OF 5-12-11 7WAS POSTED IN ACCORD E WI11-1E 01187 BROWN ACT AMENDMENT 4 Z OFFICE OF THE CI LERK Tuesday May 02, 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.westeovina.org Tuesday May 02, 2017 AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY MAY 02, 2017, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Grace Wabuke Faith Community Church PLEDGE OF ALLEGIANCE Led by Councilmember James Toma ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Recognition of West Covina Girls Varsity Soccer Team as League Champions Proclamation proclaiming May 13, 2017 as Fire Service Day Proclamation proclaiming the week of May 14-20, 2017 as National Police Week Proclamation proclaiming the week of May 21-27, 2017 as National Public Works Week Presentation by Phil Hawkey, Executive Director from San Gabriel Valley Council of Governments 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 Mcryor. 3 Agenda material is available at wwfv.westeovina.org Tuesday May 02, 2017 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. APPROVAL OF MEETING MINUTES (receive & file) 1) • December 20, 2016 Regular Closed Session Meeting Minutes • December 20, 2016 Regular City Council/Successor Agency/Public Financing Authority Meeting Minutes • January 9, 2017 Special Closed Session Meeting Minutes • January 17, 2017 Regular Closed Session Meeting Minutes • January 17, 2017 Regular City Council/Successor Agency/Community Development Commission Meeting Minutes • January 23, 2017 Special Community Town Hall Meeting Minutes • February 7, 2017 Regular Closed Session Meeting Minutes • February 7, 2017 Regular City Council/Successor Agency Meeting Minutes CLAIMS AGAINST THE CITY 2) Government Tort Claim Denials It is recommended that the City Council deny the following Government Tort Claims and the claimants be notified: Alana Garcia vs. The City of West Covina Anthony \Valdez vs. The City of West Covina ORDINANCES FOR ADOPTION 3) Amendment to Ordinance No. 2294 - Penalties for Improper Use of Fireworks It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2315 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTIONS 15-68 (ADMINISTRATIVE FINES), 15-69 (RIGHT TO AN ADMINISTRATIVE HEARING), 15-70 (ADMINISTRATIVE HEARING-PROCEDURES), AND 15-71 (HEARING DECISION-RIGHT TO APPEAL) 4 Agenda material is available at www.westcovitta.org Tuesday May 02, 2017 4) Code Amendment No. 17-01 Accessory Dwelling Units (Second Dwelling Units) General Exemption It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2316 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 17-01, RELATED TO ACCESSORY DWELLING UNITS (FORMERLY SECOND DWELLING UNITS) INVESTMENT REPORT (receive & file) 5) City Investment Report for the Month Ended March 31, 2017 It is recommended that the City Council receive and file the Investment Report for the month ended March 31, 2017. 6) Successor Agency Investment Report for the Month Ended March 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 March 31, 2017. CITY ATTORNEY'S OFFICE 7) Award of Contract for Election District Consulting Services It is recommended that the City Council take the following actions: 1) Authorize the City Manager to execute a one-year agreement, subject to City Attorney approval, with National Demographics Corporation (NDC) to provide election district consulting services in an amount not to exceed $33,000; and 2) Direct staff to prepare a community participation plan and schedule public hearings as required by law to initiate district boundaries mapping process; and 3) Adopt the following resolution: RESOLUTION NO. 2017-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2016, AND ENDING JUNE 30, 2017 (Election District Consultant) 5 Agenda material is available at www.westcovina.org Tuesday May 02, 2017 CITY- MANAGER'S OFFICE 8) Opposing Safe Injection Site Locations in West Covina It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OPPOSING SAFE INJECTION SITE LOCATIONS IN WEST COVINA 9) Cancellation of July 4th and August 1,2017 City Council Meetings It is recommended that the City Council cancel the July 4th and August 1, 2017 City Council meetings. 10) Second Amendment to Telecommunication Network License and Encroachment Agreement for Crown Castle It is recommended that the City Council authorize the City Manager to execute the Second Amendment to the Telecommunication Network License and Encroachment Agreement with Crown Castle. HUMAN RESOURCES 11) Amendment to the Memorandum of Understanding with the West Covina Police Management Association and the Appropriation of Funds It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2017-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE WEST COVFNA POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2015 THROUGH JUNE 30, 2019 RESOLUTION NO. 2017-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2016 AND ENDING JUNE .30, 2017 (Police Management Association) 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 6 Agenda material is available at WWW.westeovina.org Tuesday May 02, 2017 END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 12) Code Amendment No.'s 16-04 and 16-05 Marijuana Regulations (Cultivation and Dispensaries) General Exemption a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion I) Recommendation: It is recommended that the City Council introduce, give first reading to, and waive further reading of the following ordinance: ORDINANCE NO. 2317 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CITY OF WEST COVINA MUNICIPAL CODE RELATED TO MARIJUANA DISPENSARIES, CULTIVATION AND PERSONAL GROWTH Motion by second by introduce disapprove hold over ROLL CALL: Johnson, Spence, Torna, Wu, Warshaw DEPARTMENTAL REGULAR MATTERS HUMAN RESOURCES DEPARTMENT 13) Declaration of Impasse - Firefighters' Association It is recommended that the City Council declare impasse with the West Covina Firefighters' Association regarding the negotiations of the impacts of the City's proposed fire staffing changes. Motion by second by to 7 Agenda material is available at www.westeovina.org Tuesday May 02, 2017 MAYOR/COUNCILMEMBERS REPORTS MAYOR PRO TEM MIKE SPENCE 14) Request from Mayor Pro Tern Spence for City Council to Discuss Various Crime Legislation Bills and their Impacts on the City of West Covina It is recommended that the City Council take the following actions: 1) Discuss the impacts on crime in West Covina since the passage of Assembly Bill (AB) 109, Proposition (Prop) 47 and Proposition (Prop) 57; and 2) Direct the City Manager to continue to analyze these impacts to identify any necessary changes the City Council should support with the California legislature; and 3) Direct the City Manager to work with legislators, the San Gabriel Valley Council of Governments, the League of California Cities, and other cities to consider legislative strategies to reduce the negative impacts of AB 109, Prop 47, and Prop 57; and 4) Consider taking a formal position supporting AB 1408 (Calderon);and 5) Consider taking a formal position supporting AB 1554 (Fong); and 6) Consider taking a formal position supporting SB 194 (Anderson); and 7) Direct staff to send letters regarding any particular legislative items the City Council takes a formal position regarding to both the authors of the bill and our local legislators. Motion by second by to AB1234 Conference and Meeting Report (verbal, [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 COMMENTS ADJOURNMENT Next Tentative City Council Meeting Special Meeting 05/08/2017 6:30 PM RULES OF DECORUM The f011mving 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 8 Agenda material is available at www.westcovina.org Tuesday May 02, 2017 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. 9 Agenda material is available at www.westcovina.org CITY OF WEST COVINA CITY COUNCIL TUESDAY MAY 02, 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 Councilmetnber 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 THE COUNCIL AGENDA FOR THE MEETING OF 51241 .7iRIAS POSTED IN ACCORDAN E WITH THE 01/87 BROWN ACT AMENDMENT DAR-9) Lf I 7 I ( OFFICE OF THE Cl CLERK Tuesday May 02, 2017 CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code 54956.9(d)(1): Sanchez v. West Covina, Los Angeles Superior Court Case No. BC634674 CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(2) Number of Cases: One (1) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code S 54957.6 City Negotiators: Freeland, Bokosky, Hall Barlow, Firlik Employee Organizations - Confidential Employees - Maintenance & Crafts Employees - W.C. Police Officers' Association - W.C. Firefighters' Management Assoc. - W.C. Firefighters' Association, I.A.F.F., Local 3226 Unrepresented Employee Group - Department Heads ADJOURNMENT - General Employees - Mid-Management Employees - W.C. Police Management Association 2 Agenda material is available at tovw.rvestcovina.org