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07-18-2017 - RegularCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY JULY 18, 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.westcovhta.ot_g. 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 Hail 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 7/ MI/ WAS POSTED IN ACCORDANCE F NTH THE 01/87 BROWN ACT AMENDMENT fr--4 . OFFICE OF THE CITY CLERK Tuesday July 18, 2017 PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL (Per WCMC 2-48, Ordinance Wo. 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 he 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 July 18, 2017 AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY JULY 18, 2017, 7:00 PM • REGULAR MEETING INVOCATION Led by Pastor Jim Brooking from West Covina United Methodist Church PLEDGE OF ALLEGIANCE Led by Councilman Wu ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Proclamation proclaiming July 2017 as Parks Make Life Better! Month NAACP Award Presentation 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.westeovina.org Tuesday July 18, 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) -April 18, 2017 Regular City CouncillSuccessor Agency Closed Session Meeting Minutes -April 18, 2017 Regular City Council Meeting Minutes -April 19, 2017 Special Community Budget Workshop 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: William Doovas vs. The City of West Covina Ramon Rivera vs. The City of West Covina TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 3) Traffic Committee Meeting Minutes from June 21, 2017 It is recommended that the City Council receive and file the minutes of the Traffic Committee meeting held on June 21, 2017. INVESTMENT REPORT (receive & file) 4) City Investment Report for the Month Ended May 31, 2017 It is recommended that the City Council receive and file the Investment Report for the month ended May 31, 2017. 5) Successor Agency Investment Report for the Month Ended May 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 May 31, 2017. CITY MANAGER'S OFFICE 6) Lease Agreement with West Covina Car Stop, LLC to Utilize the City Yard/Auto Shop 4 Agenda material is available at www.westeovina.org Tuesday July 18, 2017 It is recommended that the City Council take the following actions: 1) Concur the Planning Commission's determination that the project conforms with the General Plan and that the project is exempt from the California Environmental Quality Act (CEQA); and 2) Authorize the City Manager and City Attorney to negotiate a lease agreement between the City of West Covina and West Covina Car Stop, LLC (dba Ford of West Covina) to utilize the City Yard/Auto Shop for the repair of City and private vehicles. 7) Authorization to Purchase Property to Expand Cortez Park It is recommended that the City Council take the following actions: 1) Authorize the City Manager to execute the documents necessary for the property purchase of 2445 East Rio Verde Drive, West Covina, for the expansion of Cortez Park, at a cost not to exceed $500,000; and 2) Adopt the following budget amendment resolution: RESOLUTION NO. 2017-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30, 2018 (Cortez Park Expansion) 8) Closure of LA Works Joint Powers Authority It is recommended that the City Council receive and file the informational report. 9) Approval of Professional Services Agreement with 5 Bars, LLC for Wireless Telecommunications Facilities Consulting Services in the Public Right-of-Way and City-Owned Buildings and Facilities 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 as 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 professional services agreement with 5 BARS, LLC for an initial term of five years (with four renewals of five-years each tenn for a potential of 25 years) to provide wireless telecommunications facilities consulting services in the public right-of-way and City- owned buildings and facilities. 5 Agenda material is available at www.westeovina.org Tuesday July 18, 2017 10) Designation of Voting Delegate for League of California Cities 2017 Annual Conference & Expo It is recommended that the City Council designate Mayor Pro Tern Mike Spence as the City's voting delegate for the League of California Cities 2017 Annual Conference & Expo. COMMUNITY AND ECONOMIC DEVELOPMENT 11) Renewal of SCORE Office Use Agreement It is recommended that the City Council authorize the City Manager to execute a renewal to extend the Office Use Agreement with SCORE Association. 12) Penske Audi Soundwall It is recommended that the City Council take the following actions: 1) Authorize the City Manager to execute a fourth extension (180-day) to the Agreement for Construction and Maintenance of a Soundwall between the City of West Covina and P.T. Enterprises, LLC; and 2) Waive the Planning and Engineering entitlement/permit fees for the Penske masonry wall. COMMUNITY SERVICES DEPARTMENT 13) Citrus Valley Health Partners (CVHP) Lease Agreement for Use of the Former Sunset Field It is recommended that the City Council take the following actions: 1) Authorize the City Manager to execute a lease agreement, subject to minor revisions by the City Attorney, with Citrus Valley Health Partners (CVHP) for use of the former Sunset Field in the amount of $1,700 per month for an initial period of six (6) months continuing month-to-month as needed to finalize the sale of the property; and 2) Adopt the following resolution: RESOLUTION NO. 2017-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30, 2018 (Citrus Valley Health Partners Lease Agreement) 6 Agenda material is available at www.westcavina.org Tuesday July 18, 2017 HUMAN RESOURCES 14) Annual Premiums for Fiscal Year 2017-18 Excess General Liability, Excess Workers' Compensation and Property Insurance with the Big Independent Cities Excess Pool (BICEP) It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30, 2018 (Annual BICEP Premium) POLICE DEPARTMENT 15) Private Grant (Kaiser Foundation Hospitals) for Police Explorers It is recommended that the City Council take the following actions: 1) Accept the new $4,000 Kaiser Foundation Hospitals grant for West Covina Police Department (WCDP) Explorers: and 2) Adopt the attached resolution authorizing the necessary budget amendments: RESOLUTION NO. 2017-70 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30, 2018 (Kaiser Grant for WCPD Explorers) 16) Supplemental Funding for Police Officer Bike Team Homeless Outreach Overtime It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-71 - 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 (Overtime for Bike Team Homeless Outreach) PUBLIC WORKS 17) Accept Used Oil Payment Program Block Grant It is recommended that the City Council take the following actions: 1) Accept Used Oil Payment Program Block Grant Cycle OPP7 in the amount of $30,029; 7 Agenda material is available at www.westeovina.org Tuesday July 18, 2017 and 2) Adopt the following resolution: RESOLUTION NO. 2017-69 - 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 (Accept Used Oil Payment Program Block Grant Cycle Opp7) 18) Professional Services Agreement with Onward Engineering for the Design of Fiscal Year 2016-17 Residential Streets Rehabilitation Program (Project No. SP-17029) It is recommended that the City Council authorize the City Manager to execute a professional services agreement with Onward Engineering in the amount of $37,664 including 10% contingencies for the design of Fiscal Year 2016-17 Residential Streets Rehabilitation Program, Project No. SP-17029. 19) Acceptance of Public Improvements for Residential Streets Rehabilitation in Community Development Block Grant (CDBG) Eligible Areas (Project No. SP- 17038) It is recommended that the City Council take the following actions: 1) Accept the public improvements construction for Project No. SP-17038; and 2) Authorize recordation of Notice of Completion with the Los Angeles County Recorder; and 3) Authorize release of retention funds 35 days after recordation of the Notice of Completion. 20) Acceptance of Work for Installation of Catch Basin Inserts at Various Locations (Project No. 17008) It is recommended that the City Council take the following actions: 1) Accept work for installation of catch basin inserts for Project No. 17008; and 2) Authorize recordation of Notice of Completion with the Los Angeles County Recorder; and 3) Authorize release of retention funds 35 days after recordation of the Notice of Completion. 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 8 Agenda material is available at wwfv.westeovina.org Tuesday July 18, 2017 END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 21) Public Hearing Regarding West Covina Auto Plaza Business Improvement District Fiscal Year 2017-2018 Annual Report and Assessment a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ANNUAL REPORT FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2017-2018 AND LEVY OF ASSESSMENT Motion by adopt second by disapprove hold over 22) Fiscal Year (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 take the following actions: 1) Approve the proposed Fiscal Year (FY) 2017-2018 CDBG Action Plan; and 2) Adopt the following resolution: RESOLUTION NO. 2017-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30, 2018 (FY 2017-18 CDBG Action Plan) Motion by adopt second by disapprove hold over 9 Agenda material is available at www.westeovina.arg Tuesday July 18, 2017 23) Public Hearing Regarding the Creation of District Boundaries for District Based City Council Elections a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is recommended that the City Council hold a public hearing to receive input from the community regarding the creation of City Council District boundaries for District based City Council elections. Motion by to second by DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 24) Unmanned Aerial Vehicles (Drones) It is recommended that the City Council provide direction to Staff concerning development of a City ordinance to regulate the use of Unmanned Aerial Vehicles (drones). Motion by to second by CITY MANAGER'S OFFICE 25) Athens Services Rolling Contract Term Provision It is recommended that the City Council discuss if it desires to exercise a notice of intent to terminate the Athens Services 25-year rolling contract (evergreen) provision. Motion by to second by PLANNING DEPARTMENT 26) Consultant Services Agreement for the Preparation of a Transportation Impact Fee Study It is recommended that the City Council take the following actions: 10 Agenda material is available at www.westeovitra.org Tuesday July 18, 2017 1) Authorize the City Manager to execute an 18-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) Adopt the following resolution: RESOLUTION NO. 2017-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDNENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2017 AND ENDING JUNE 30, 2018 (Transportation Impact Fee Study) Motion by adopt second by disapprove hold over AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AS 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.f- 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.) MAYOR PRO TEM MIKE SPENCE 27) Request from Mayor Pro Tern Mike Spence Requesting the City Council Review Costs and Benefits of the City's Membership with the League of California Cities It is recommended that the City Council direct staff accordingly. Motion by to second by 28) Request from Mayor Pro Tern Mike Spence Requesting the City Council Instruct City Staff to Consider Applying for the Staffing for Adequate Fire and Emergency Response (Safer) Grant It is recommended that the City Council direct staff accordingly. Motion by second by to 11 Agenda material is available at www.westcovina.org Tuesday July 18, 2017 CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Closed Session 08/15/2017 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 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. 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 12 Agenda material is available at www.weskovina.org Tuesday July 18, 2017 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 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. 13 Agenda material is available at www.westcovina.org CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY JULY 18, 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 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 0F7 /107 WAS POSTED IN ACCORDANcE voTH THE 01/87 BROWN ACT AMENDMENT Tuesday July 18, 2017 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code 54956.8 Property: APN: 8735-002-906, 8735-002-909, 8735-002-910, 8735-002-018 Agency Negotiator: Freeland, Hall Barlow, Morales Negotiating Parties: S ingpoli Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Freeman, etal. vs. City of West Covina (U.S. District Court Case No. 2:17-cv-03738) Ioannidis vs. City of West Covina (L.A. Superior Court Case No. BC634990) Matt Jackson, et al. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF- MRW) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code 54956.9(d)(2) Number of Cases: Two (2) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Freeland, Sahagun, 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