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09-05-2017 - RegularCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY SEPTEMBER 05, 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 Councilmernber 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.westeovina.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 Successor Agency, 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. 1 CERTIFY 11-1AT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF di 15-1 7 WAS POSTED IN ACCORD E W1TH THE 01/87 BROWN ACT AMENDMENT _ 7 OFFICE OF THE C CLERK Tuesday September 05, 2017 PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL (Per WOK 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 wwwovestcovina.org Tuesday September 05, 2017 AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY SEPTEMBER 05, 2017, 7:00 PM REGULAR1VIEETING INVOCATION Led by Reverend Tracy C. Johnson from Mutph Chapel - St. Paul AME Church PLEDGE OF ALLEGIANCE Led by Councilman Johnson ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Recognition of Teacher of the Year - Schella Radford, Hollingsworth Elementary School, Rowland Unified School District Proclamation proclaiming the 167 th Anniversary of California becoming a State 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.westcovitta.org Tuesday September 05, 2017 CONSENT CALENDAR All matters listed under CONSENT CALENDAR are considered to be routine and can he acted on by one roll call vole. 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) May 17, 2017 Special Meeting - Budget Study Session Minutes May 30, 2017 Special Closed Session Meeting Minutes June 6, 2017 Regular Closed Session Meeting Minutes June 6, 2017 Regular City Council/Successor Agency Meeting Minutes CLAIMS AGAINST THE CITY 2) Government Tort Claim Denials It is recommended that the City Council take the following actions: 1) Deny the following Government Tort Claims and the claimants be notified: • Zhongji Xu vs. The City of West Covina • Quoc Thang Tran vs. The City of West Covina 2) Reject, return and deny the following Government Tort Claim and the claimant through their attorney be notified: • Mark Kennedy dba Tymeline Technology ORDINANCES FOR ADOPTION 3) Code Amendment No. 16-07 Off-Sale Alcohol Uses General Exemption It is recommended that the City Council adopt the following Ordinance: ORDINANCE NO. 2320 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 16-07, RELATING TO OFF-SALE ALCOHOL USES 4) An Ordinance of the City of West Covina, California, Repealing and Replacing Section 15-19 (Sex Offender Residency Restrictions) of Article I (General) of Chapter 15 (Miscellaneous Provisions Relating to Public Health and Safety), Relating to Sex Offenders It is recommended that the City Council adopt the following Ordinance: 4 Agenda material is available at rovw.westcovina.org Tuesday September 05, 2017 ORDINANCE NO. 2322 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING SECTION 15- 19 (SEX OFFENDER RESIDENCY RESTRICTIONS) OF ARTICLE I (GENERAL) OF CHAPTER 15 (MISCELLANEOUS PROVISIONS RELATING TO PUBLIC HEALTH AND SAFETY), RELATING TO CERTAIN SEX OFFENDERS INVESTMENT REPORT (receive & file) 5) City Investment Report for the Month Ended July 31, 2017 It is recommended that the City Council receive and file the Investment Report for the month ended July 31, 2017. 6) Successor Agency Investment Report for the Month Ended July 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 July 31, 2017. CITY MANAGER'S OFFICE 7) Lease Agreement with West Covina Car Stop, LLC to Utilize the City Yard/Auto Shop It is recommended that the City Council authorize the City Manager to execute 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 subject to final changes approved by the City Attorney. 8) Police Chief Salary Range Increase & Retiree Medical Benefit Retention It is recommended that the City Council adopt the following resolution to increase the salary range of the Police Chief and to amend the Department Head Summary of Benefits to allow the suspension of retiree medical benefit for those Department Heads that come out of retirement to serve the City: RESOLUTION NO. 2017-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADJUSTING THE SALARY RANGE OF THE POLICE CHIEF AND AMENDING DEPARTMENT HEAD BENEFITS COMMUNITY ECONOMIC DEVELOPMENT 9) Plaza Parking Agreement Amendment It is recommended that the City Council authorize the City Manager to execute an amendment to the Parking Agreement with Starwood Capital Partners to increase the 5 Agenda material is available at www.westeovina.org Tuesday September 05, 2017 portion of the City Parking Lot allowed to be leased by Starwood Capital Partners at the Plaza West Covina mall and extend the term of the agreement. COMMUNITY SERVICES DEPARTMENT 10) Authorization to Apply for 2017 City Homeless Planning Grant Funds through Home for Good Funders Collaborative It is recommended that the City Council authorize the application for the 2017 City Homeless Planning Grant Program. 11) Fiscal Year 2017-18 Budget Amendment It is recornmended that the City Council adopt the following resolution: RESOLUTION NO. 2017-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMNENC1NG JULY 1, 2017, AND ENDING JUNE 30, 2018 (Municipal Pool) FINANCE DEPARTMENT 12) Establishment of a Pension Stabilization Trust Fund It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2017-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING A PENSION RATE STABILIZATION TRUST FUND ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS) 2) Appoint the City Manager as the City's Plan Administrator; and 3) Authorize the City Manager to negotiate and execute the final documents of the Trust; and 4) Authorize the transfer of $312,195 in budgeted funds to the Pension Rate Stabilization Trust Fund. 13) Bank Fees Analysis It is recommended that the City Council authorize the City Manager to accept Wells Fargo Bank's terms for reduced banking fees for the next three years. 6 Agenda material is available at wwwovestcovina.org Tuesday September 05, 2017 HUMAN RESOURCES 14) Approval of Side Letters to the Memorandum of Understanding with the General Employees Association, Maintenance & Crafts Employees Association, Police Management Association, and Police Officers' Association It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2017-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE GENERAL EMPLOYEES ASSOCIATION ADDING THE FLEET SERVICES COORDINATOR POSITION TO THE BARGAINING UNIT RESOLUTION NO. 2017-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE GENERAL EMPLOYEES ASSOCIATION ELIMINATING THE REPROGRAPHICS COORDINATOR POSITION FROM THE BARGAINING UNIT RESOLUTION NO. 2017-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE MAINTENANCE & CRAFTS EMPLOYEES ASSOCIATION ELIMINATING THE FLEET SERVICES DIVISION RESOLUTION NO. 2017-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE MAINTENANCE & CRAFTS EMPLOYEES ASSOCIATION RELOCATING THE REPROGRAPHICS COORDINATOR TO THE MAINTENANCE DIVISION RESOLUTION NO. 2017-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE POLICE OFFICERS ASSOCIATION REGARDING DONNING AND DOFFING 7 Agenda material is available at wiiviv.westenvina.org Tuesday September 05, 2017 POLICE DEPARTMENT 15) 2017-18 Office of Traffic Safety (OTS) Grant It is recommended that the City Council take the following actions: 1) Accept the 2017-18 Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) reimbursable grant (flPTI 8156), and authorize the City Manager, or his designee, to execute all grant related documents; and 2) Authorize the addition of one sworn Officer position in the Police Department; and 3) Adopt the following resolution authorizing the necessary budget amendments: RESOLUTION NO. 2017-86 - 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 (2017-18 OTS GRANT) PUBLIC WORKS 16) Acceptance of Public Improvements for the Construction of Americans with Disabilities Act (ADA) Restroom Improvements at City Hall (Project No. SP-17001) It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2017-81 - 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 (CITY HALL RESTROOM ADA UPGRADES) 2) Accept the City Hall restroom improvements construction for Project No. BP-17001; and 3) Authorize recordation of Notice of Completion with the Los Angeles County Recorder; and 4) Authorize the release of retention funds 35 days after recordation of the Notice of Completion. 17) Approve Master Purchase Order to WAXIE Sanitary Supply for Fiscal Year 2017- 18 It is recommended that the City Council approve a master purchase order for Fiscal Year (FY) 2017-18 to WAXIE Sanitary Supply in the amount of $55,000. 8 Agenda material is available at www.;vestcovina.org Tuesday September 05, 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 18) Ordinance Requiring Expedited Permitting Procedures for Electric Vehicle Charging Stations Pursuant to Assembly Bill 1236 a) Verification b) Open Hearing c) Staff report d) Open testimony e) Council discussion 1) Recommendation: It is recommended that the City Council read by title only, waive further reading and introduce the following Ordinance: ORDINANCE NO. 2323 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY ADDING ARTICLE XVIII TO CHAPTER 7 TITLED "PERMIT PROCESS FOR ELECTRIC VEHICLE CHARGING STATIONS" Motion by second by introduce disapprove ROLL CALL: Johnson, Spence, Toma, Wu, Warshaw DEPARTMENTAL REGULAR MATTERS FIRE DEPARTMENT 19) Ordinance Transferring Authority to the Fire Chief for Fireworks Permits at Public/Private School Sites It is recommended that the City Council introduce, waive further, and give first reading to the following ordinance: 9 Agenda material is available at www.westcovina.arg hold over Tuesday September 05, 2017 ORDINANCE NO. 2324 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 10, ARTICLE II, SECTION 5608.2 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE PUBLIC DISPLAY OF FIREWORKS Motion by second by introduce disapprove hold over ROLL CALL: Johnson, Spence, Toma, Wu, Warshaw PLANNING DEPARTMENT 20) Code Amendment No. 16-04 Marijuana Regulations (Cultivation) General Exemption It is recommended that the City Council provide direction to staff regarding processing a Code Amendment for the commercial cultivation of marijuana in a manufacturing zone to allow the Planning Commission to consider changes to the Licenses and Business Regulations (Chapter 14) section of the Municipal Code as well as changes to Zoning (Chapter 26). Motion by second by to AB1234 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 4/.- Requests for reports, studies, or investigations that are not readily available must be placed on the City Council/Successor Agency agenda as items of business and must be approved by a majority of the City Council/Successor Agency.) MAYOR PRO TEM MIKE SPENCE 21) Request from Mayor Pro Tem Mike Spence for City Council to Discuss Parking Lot Fees in the Civic Center Parking Lot It is recommended that the City Council discuss parking lot fees in the Civic Center Parking Lot and provide direction accordingly. Motion by second by to 10 Agenda material is available at )vww.westcovina.org Tuesday September 05, 2017 CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Closed Session 09/19/2017 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. 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 11 Agenda material is available at www.westcovina.org Tuesday September 05, 2017 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 following are excerpts from the Pena! 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. 12 Agenda material is available at www.westcovina.org CITY OF WEST COVINA CITY COUNCIL TUESDAY SEPTEMBER 05, 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 CEFf11FY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF 9 /5- /11 WAS POSTED IN ACCORDANCE AlT11 THE 01/87 BROWN ACT AMENDMENT DAIED:cd s oi r At-- MICE OF THE CITY CLERK Tuesday September 05, 2017 CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code 54956.9(d)(1) Freeman, et al. vs. City of West Covina (U.S. District Court Case No. 2:17-cv-03738) Jackson, et al. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF-MRW) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Freeland, Macias, 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 wtvw.westcovina.org