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06-20-2017 - RegularCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY JUNE 20, 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 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 (Try) 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 al 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 0114 ns../ WAS POSTED IN ACCORDANCE 4TH THE 01/87 BROWN ACT AMENDMENT Tuesday June 20, 2017 PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL (Per 14/C1tIC 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 )oov.ivesteovitta.org Tuesday June 20, 2017 AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY JUNE 20, 2017, 7:00 PM REGULAR MEETING INVOCATION Led by Associate Pastor Jillian Lutes from West Covina Hills Seventh Day Adventist Church PLEDGE OF ALLEGIANCE Led by Mayor Pro Tern Mike Spence ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Recognition of Policy Unity Tour Participants Recognition of West Covina Beautiful Annual Art Contest - "Help Keep West Covina Beautiful!" Winners Presentation of Outstanding Older American - Beverly Bulthuis 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 tilvw.lvesteovina.org Tuesday June 20, 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 he 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 March 21, 2017 Regular Closed Session Meeting Minutes March 21, 2017 Regular City Council Meeting Minutes April 4, 2017 Regular Closed Session Meeting Minutes April 4, 2017 Regular City Council/Successor Agency Meeting Minutes CLAIMS AGAINST THE CITY 2) Rescind Government Tort Claim Denial It is recommended that the City Council rescind the following Government Tort Claim denial and maintain the denial of Late Claim Application: David Flores vs. The City of West Covina 3) Reject Government Tort Claim of Late Claim Application It is recommended that the City Council reject the following Government Tort Claim of Late Claim Application: Julian Gutierrez vs. The City of West Covina 4) Government Tort Claim Denial It is recommended that the City Council deny the following Government Tort Claim and the claimant be notified: William Crouch vs. The City of West Covina CITY ATTORNEY'S OFFICE 5) Approval of Sixth Amendment to the Street Sweeping Contract between the City of West Covina and Nationwide Environmental Services It is recommended that the City Council approve the Sixth Amendment to the Street Sweeping Contract between City of West Covina and Nationwide Environmental Service, subject to City Attorney approval. 4 Agenda material is available at WWW.westcovina.org Tuesday June 20, 2017 CITY CLERK'S OFFICE 6) Destruction of Documents as Prescribed by Law It is recommended that the City Council adopt the following resolution authorizing the destruction of specific records: RESOLUTION NO. 2017-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW CITY MANAGER'S OFFICE 7) Request for City Council to take a Formal Position Supporting both H.R. 2355 - Water Infrastructure Flexibility Act as well as H.R. 2510 - The Water Quality Protection and Job Creation Act It is recommended that the City Council take a formal position supporting both H.R. 2355-Water Infrastructure Flexibility Act as well as H.R. 2510 - The Water Quality Protection and Job Creation Act. 8) Award of Contract for Microsoft Enterprise Agreement with SoftwareOne It is recommended that the City Council take the following actions: 1) Waive formal contract procedures, in accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333 (i)(2), which states that when successful bidder for a contract with another county, city, special district or other local agency makes the same written bid to the city, and the purchasing officer finds that the other local agency originally obtained the bid pursuant to formal contract procedures at least as rigorous those of the city, that the formal contract procedures may be waived; and 2) Authorize the City Manager, subject to City Attorney approval, to execute a three year agreement with SoftwareOne in the amount of $90,363.25 per year (a total of $271,089.75) to provide a Microsoft Enterprise Agreement for the City of West Covina based on the terms and conditions of the County of Riverside Enterprise Licensing Agreement #01E73970 with Microsoft Licensing GP. 9) Cell Tower Agreement with Crown Castle to Co-Locate Verizon Wireless on their Existing Cell Tower It is recommended that the City Council approve the proposed lease agreement between the City of West Covina and Crown Castle to Verizon Wireless to co-locate on an existing cell tower at Shadow Oak Park. 5 Agenda material is available at wtov.Ivestcovina.org Tuesday June 20, 2017 COMMUNITY AND ECONOMIC DEVELOPMENT 10) Auto Plaza Business Improvement District It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-47 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTIRCT AREA FOR FISCAL YEAR 2017-18, AND PROVIDNG NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JULY 18, 2017 11) Successor Agency to the West Covina Redevelopment Agency Renewal of Professional Services Agreement with Rineon Environmental, LLC It is recommended that the City Council, acting as the Successor Agency to the former West Covina Redevelopment Agency, authorize the Executive Director to execute a one- year agreement renewal to the Professional Services Agreement with Rincon Environmental, LLC in the amount not to exceed $30,000 to provide regulatory compliance services for the Successor Agency properties located at the BKK Landfill. 12) Long Range Property Management Plan (LRPMP) - Disposition of Agency Assets #28 and #29 (APN: 8735-001-933, 8735-001-934) to M&A Gabaee It is recommended that the City Council, acting as the Successor Agency, authorize the City Manager, or his designee, to execute an Exclusive Negotiation Agreement with M&A Gabaee for the Sale of Agency Parcels (APN: 8735-001-933 and 8735-001-934). FINANCE DEPARTMENT 13) February 27, 2017, Special Audit Committee Meeting Minutes It is recommended that the City Council receive and file the Minutes of the Special Audit Committee meeting on February 27, 2017. FIRE DEPARTMENT 14) Amendment to Services Agreement between Regents of the University of CA and the City of West Covina It is recommended that the City Council authorize the City Manager, or his designee, to sign the amendment to the services agreement with the Regents of the University of California, to extend the current contract through June 30, 2018. 6 Agenda material is available at root,. westcovina.org Tuesday June 20, 2017 POLICE DEPARTMENT 15) Award of Bid - False Alarm Billing Service It is recommended that the City Council authorize the City Manager to execute a three- year contract (with optional renewals for two additional years) for false alarm billing services with PM AM Corporation, subject to City Attorney approval. PUBLIC WORKS 16) Adoption of Guidelines and Standards for Drought Tolerant Landscaping and Water-Wise Irrigation in the Public Right-of-Way, City Parks and Facilities Policy It is recommended that the City Council adopt the Guidelines and Standards for Drought Tolerant Landscaping and Water-Wise Irrigation in the Public Right-of-Way, City Parks and Facilities Policy. 17) Release of Faithful Performance Guarantee for Administrative Use Permit (AUP) 14-12 (1223 S. Sandy Hill Drive) It is recommended that the City Council accept all on-site and off-site improvements for Administrative Use Permit No. 14-12 located at 1223 S. Sandy Hill Drive and authorize release of Performance Security Assignment of Deposit in the amount of $23,910. 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 7 Agenda material is available at wrov.i.vestcovina.org Tuesday June 20, 2017 HEARINGS PUBLIC HEARINGS 18) Appeal of Tentative Parcel Map No. 72097, Variance No. 13-05, Subcommittee for Design Review No. 17-09, and Mitigated Negative Declaration of Environmental Impact to Subdivide an Existing I.02-Acre Residentially Zoned Parcel into Two Lots a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion I) Recommendation: It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2017-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR TENTATIVE PARCEL MAP NO. 72097, VARIANCE NO. 13-05, AND SUBCOMMITTEE FOR DESIGN REVIEW NO. 17-09 ON APPEAL OF PLANNING COMMISSION ACTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED RESOLUTION NO. 2017-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE PARCEL MAP NO. 72097 ON APPEAL OF PLANNING COMMISSION ACTION RESOLUTION NO. 2017-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING VARIANCE NO. 13-05 ON APPEAL OF PLANNING COMMISSION ACTION second by disapprove hold over DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 19) Prohibition of Smoking in Public Parks and Public Facilities It is recommended that the City Council provide staff with direction on this matter. 8 Agenda material is available at movovestcovina.org Motion by adopt Tuesday June 20, 2017 Motion by to second by PUBLIC WORKS 20) West Covina Landscape Maintenance District No. 1 Setting of Fiscal Year 2017-18 Assessment Rate It is recommended that the City Council adopt the following resolution, which provides for the assessment rates to be maintained at their current rate of 11.88 cents per 100 dollars of assessed valuation: RESOLUTION NO. 2017-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA. CALIFORNIA, SETT1NG THE ASSESSMENT FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. I AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1,2017 Motion by adopt second by disapprove hold over 21) West Covina Landscape Maintenance District No. 2 Setting of Fiscal Year 2017-18 Assessment Rate It is recommended that the City Council adopt the following resolution, which provides for the assessment rate to be increased from the current rate of 6.43 cents per $100 to 6.60 cents per $100 of assessed valuation: RESOLUTION NO. 2017-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ASSESSMENT FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2017 Motion by adopt second by disapprove hold over 9 Agenda material is available at woov.westeovina.org Tuesday June 20, 2017 MAYOR/COUNCILMEMBERS REPORTS MAYOR COREY WARSHAW 22) Request by Mayor Warshaw and Mayor Pro Tern Spence for City Council to Consider the Elimination of the Community and Senior Services Commission as well as the Human Resources Commission. It is recommended that that the City Council consider this report and provide direction to staff. Motion by second by to MAYOR PRO TEM MIKE SPENCE 23) Request from Mayor Pro Tern Spence for City Council to take a Formal Position Opposing SB 620 (Bradford) - Firearms: Crimes: Enhancements It is recommended that the City Council take a formal position opposing SB 620 (Bradford), as well as, direct staff to send a letter to the author and our local legislators. Motion by to second by AB1234 Conference and Meeting Report (verbal, if any) (In accordance with Al? 1234. Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) ADJOURNMENT CITY COUNCIL COMMENTS Next Tentative City Council Meeting Special Meeting 06/22/2017 6:30 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 10 Agenda material is available at www.lvestcovina.org Tuesday June 20, 2017 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 shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or disrupt the proceedings or the peace of the council nor interrupt any member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided. (b) Members of the public shall not willfully disrupt the meeting or act in a manner that actually impairs the orderly conduct of the meeting. For the purposes of this code, "willfully disrupt" includes, but is not limited to, continuing to do any of the following after being warned by the Mayor that continuing to do so will be a violation of the law: a. Addressing the Mayor and City Council without first being recognized. b. Persisting in addressing a subject or subjects, other than that before the Mayor and City Council. c. Repetitiously addressing the same subject. d. Failing to relinquish the podium when directed to do so. e. From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a council member, or a staff member or shouting or attempting to shout over a speaker, the Mayor, a council member or a staff member. f. As a speaker, interrupting or attempting to interrupt the Mayor, a council member, or a staff member, or shouting over or attempting to shout over the Mayor, a council member, or a staff member. Nothing in this section or any rules of the council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City or of the acts or omissions of the City Council. It shall be unlawful to violate the provisions of this Section. If any subsection, sentence, clause, or phrase or word of this Section 2-50 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The City Council hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases or words had been declared invalid or unconstitutional. 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 follow* are arcerins front the Penal Code I48(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 11 Agenda material is available at ).vwtv.westcovina.org Tuesday June 20, 2017 Code or Section 18340 of the Elections Code, is guilty of a misdemeanor. 12 Agenda material is available at www.tvestcovina.org 1 CEFMFY THAT A THE MEETING OF ACCORDANCE 131M4 /J-Iy4 COPY OF THE COUNCIL AGENDA FOR /20/I 7 WAS POSTED IN THE 01/87 BROWN ACT AMENDMENT A133+-c, CLERK CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY JUNE 20, 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 Tuesday June 20, 2017 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: 825 South Sunset Avenue Agency Negotiator: Freeland, Hall Barlow Negotiating Parties: West Covina Ford Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: APN: 8724-013-900 & 8724-013-901 Agency Negotiator: Freeland, Hall Barlow Negotiating Parties: Brandywine Homes Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: APN: 8479-022-013 Agency Negotiator: Freeland, Hall Barlow Negotiating Parties: City of West Covina Under Negotiation: Terms and Conditions of Agreement CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code S 54956.9(d)(1) Matt Jackson, et al. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF- MRW) Freeman, et al. vs. City of West Covina (U.S. District .Court Case No. 2:17-cv-03738) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code 54956.9(d)(2) Number of Cases: One (1) CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION Pursuant to Government Code § 54956.9(d)(4) Number of Cases: One (1) 2 Agenda material is available at www.westcovina.org Tuesday June 20, 2017 CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code 54957.6 City Negotiators: Freeland, Hall Barlow 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 ADJO URNME NT - General Employees - Mid-Management Employees - W.C. Police Management Association 3 Agenda material is available at www.westcovina.org