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12-05-2017 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY DECEMBER 05, 2017, 6:00 PM REGULAR MEETING - CLOSED SESSION CITY MANAGER'S CONFERENCE ROOM 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Mike Spence Mayor Pro Tern Lloyd Johnson Councilmember James Toma Councilmember Corey Warshaw 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 Thwsday 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 1 CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF IL/ 5- /17WAS POSTED IN ACCORDANCE 1ThTHE 01/87 BROWN ACT AMENDMENT D :I 3tI7 OFFI E OF THE G TY CLERK Tuesday December 05, 2017 CLOSED SESSION 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-SS) Jackson, etal. vs. City of West Covina (U.S. District Court Case No. 2:16-cv-08963-MWF) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code 54957.6 City Negotiators: Freeland, Macias, Bresciani, 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, 1.A.F.F., Local 3226 Unrepresented Employee Group - Department Heads ADJOURNMENT 2 Agenda material is available at www.vestcovina.org CITY OF WEST COVINA CITY COUNCIL TUESDAY DECEMBER 05, 2017, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Mike Spence Mayor Pro Tern Lloyd Johnson Councilmember James Toma Councilmember Corey Warshaw Councilman Tony Wu Please turn off 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 Hail, 1444 W. Garvey Avenue South, West Covina and at www.westcovina.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' 2_/ 7 WAS POSTED IN ACCORDAN E H THE 01/87 BROWN ACT AMENDMENT 17 4 OFFICE OF THE C CLERK Tuesday December 05, 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 December 05, 2017 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY DECEMBER 05, 2017, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Grace Wabuke from Faith Community Church PLEDGE OF ALLEGIANCE Led by Mayor Mike Spence ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Presentation of Resolution of Commendation to Commissioner Steve Bennett 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 December 05, 201 7 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. ORDINANCES FOR ADOPTION 1) Ordinance No. 2328 - An Ordinance of the City Council of the City of West Covina, California, Implementing By-District Elections per Chapter 2 Article II Division 1 Section 2.20 of the West Covina Municipal Code that Provides for City Council Elections by Districts It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2328 - AN ORDINANCE OF THR CITY COUNCIL OF THE cnrY OF WEST COVINA, CALIFORNIA, IMPLEMENTING BY-DISTRICT ELECTIONS PER CHAPTER 2 ARTICLE II DIVISION 1 SECTION 2.20 OF THE WEST COVINA MUNICIPAL CODE THAT PROVIDES FOR CITY COUNCIL ELECTIONS BY DISTRICTS CITY MANAGER'S OFFICE 2) Update on Sister Cities Relationships It is recommended that the City Council notify Wuhu, China and Toluca, Mexico that the City of West Covina chose to terminate its sister-city relationship with their communities, due to inactivity. 3) Cancellation of January 2, 2018 City Council Meeting It is recommended that the City Council cancel the City Council Meeting of January 2, 2018, due to the upcoming holidays. 4) Appointment of City Councilmember to Los Angeles County Sanitation District It is recommended that the City Council confirm the appointment of Mayor Pro Tern Lloyd Johnson as the City of West Covina's alternate to the Los Angeles County Sanitation District. COMMUNITY SERVICES DEPARTMENT 5) Memorandum of Understanding with the San Gabriel Valley Council of Governments (SGVCOG) to Retain a Consultant to Develop a City Homeless Plan It is recommended that the City Council take the following actions: 4 Agenda material is available at www.westeovina.org Tuesday December 05, 2017 1) Authorize the City Manager to execute a memorandum of understanding with the San Gabriel Valley Council of Governments (SGVCOG); and 2) Adopt the following resolution: RESOLUTION NO. 2017-119 - 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 Homeless Plan - SCVCOG) FINANCE DEPARTMENT 6) Development Impact Fee Annual Financial Report for FY 2016-17 It is recommended that the City Council receive and file the Development Impact Fee Annual Financial Report for Fiscal Year 2016-17. PUBLIC WORKS 7) Acceptance of Public Improvements for Traffic Signal at the Intersection of Francisquito Avenue and Sunset Avenue (Federal Project No. HSIPL-5259 (027)/City Project No. TP-15501) It is recommended that the City Council take the following actions: 1) Accept public improvements for the traffic signal at the intersection of Francisquito Avenue and Sunset Avenue, Federal Project No. HSIPL-5259 (027)/City Project No. TP- 15501; and 2) Authorize recordation of Notice of Completion with the Los Angeles County Recorder; and 3) Authorize the release of retention funds 35 days after recordation of the Notice of Completion. 8) Acceptance of Public Improvements for Orangewood Park Soccer Field Improvements (Project No. PP-16018) It is recommended that the City Council take the following actions: 1) Accept the Orangewood Park Soccer Field Improvements, Project No. PP-16018; and 2) Authorize recordation of Notice of Completion with the Los Angeles County Recorder; and 3) Authorize the release of retention funds 35 days after recordation of the Notice of Completion. 5 Agenda material is available at www.westcovina.org Tuesday December 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, Tama, Warshaw, Wu, Spence END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 9) Ordinances Amending West Covina Municipal Code Regarding Alarm Systems and a Resolution of the City Council of the City of West Covina, California Amending the Fee and Fine Schedule for the City Alarm Program a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is recommended that the City Council read by title only, waive further reading, and introduce the following two ordinances for first reading: 1) ORDINANCE NO. 2325 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FINDING THAT THIS ORDINANCE IS NOT SUBJECT TO REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, REPEALING CHAPTER 4.5 (ALARM SYSTEMS) AND AMENDING THE WEST COVINA MUNICIPAL CODE WITH THE ADDITION OF A CHAPTER 4 (POLICE ALARM SYSTEMS) PERTAINING TO ALARM REGISTRATION, A REGULATORY SCHEME FOR ADMINISTERING AND MANAGING THE CITY'S RESPONSE TO ALARMS, FEES, FINES, APPEAL PROCESS, AND PROVIDING OTHER MATTERS PROPERLY RELATING THERETO 2) ORDINANCE NO. 2327 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FINDING THAT THIS ORDINANCE IS NOT SUBJECT TO REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND AMENDING THE WEST COVINA MUNICIPAL CODE WITH THE ADDITION OF A CHAPTER 4.5 (FIRE ALARM SYSTEMS) PERTAINING TO ALARM REGISTRATION, A REGULATORY SCHEME FOR ADMINISTERING AND MANAGING THE CITY'S RESPONSE TO ALARMS, FEES, FINES, APPEAL PROCESS, AND PROVIDING OTHER MATTERS PROPERLY RELATING 6 Agenda material is available at www.westcovina.org Tuesday December 05, 2017 THERETO It is recomrnended that the City Council also take the following actions: 3) Hold a public hearing regarding the establishment of new fees and changes to existing fees and fines; and 4) Adopt the following resolution: RESOLUTION NO. 2017-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE FEES AND FINES RELATED TO THE CITY ALARM PROGRAM ON THE CITY FEE SCHEDULE Motion by second by introduce disapprove hold over ROLL CALL: Johnson, Tom, Warshaw, Wu, Spence 10) Appeal of Conditional Use Permit No. 17-10 to Allow a 6-Bed Residential Care Facility at 1315 W. Merced Avenue Applicant/Appellant: Jeffrey B. Fajardo Categorical Exemption a) Verification b) Open hearing e) Staff report d) Open testimony e) Council discussion f) Recommendation: It is recommended that the City Council hear the appeal of the Planning Commission approval of Conditional Use Permit No. 17-10 (which limits the number of residents to six) and uphold the decision of the Planning Commission by adopting the following resolution: RESOLUTION NO. 2017-115 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT NO. 17-10 ON APPEAL OF PLANNING COMMISSION ACTION Motion by adopt second by disapprove hold over 7 Agenda material is available at www.westeovina.org Tuesday December 05, 2017 II) Approval of Citywide Engineering and Traffic Survey a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion t) Recommendation: It is recommended that the City Council take the following actions: 1) Read by title only, waive further reading and introduce the following ordinance: ORDINANCE NO. 2326 - AN ORDINANCE OF THE CITY COUNCINL OF THE CITY OF WEST COVINA, CALFORNIA, REPEALING SECTIONS 22-131 AND 22- 132 AND ADDING A NEW SECTION 22-131 (SPEED LIMITS OF CERTAIN STREETS) BY AMENDING DIVISION 4 OF ARTICLE IV OF CHAPTER 22 OF THE WEST COVINA MUNICIPAL CODE TO UPDATE POSTED SPEED LIMITS FOR A NUMBER OF STREETS CITYWIDE; and 2) Adopt the following resolution: RESOLUTION NO. 2017-100 - 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 (E&T Survey) Motion by second by introduce disapprove hold over ROLL CALL: Johnson, Toma, Warshaw, Wu, Spence DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 12) San Gabriel Valley Council of Governments Joint Powers Agreement Amendment It is recommended that the City Council adopt the following resolution amending the San Gabriel Valley Council of Governments (SGVCOG) Joint Powers Agreement to expand the construction function across the San Gabriel Valley and beyond grade separation projects: RESOLUTION NO. 2017-117 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ADOPTING THE FOURTH AMENDED AND RESTATED JOINT POWERS AGREEMENT OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AS ADOPTED BY THE COUNCIL'S GOVERNING BOARD 8 Agenda material is available at www.westcovina.org Tuesday December 05, 2017 Motion by adopt second by disapprove hold over 13) Senate Bill (SB) 649 and Marketing Agreement for Wireless Telecommunications Facilities It is recommended that the City Council direct staff to continue working with XG COMMUNITIES, LLC (doing business as 5 BARS) to implement the Marketing Agreement executed at the August 15, 2017 City Council Meeting. Motion by to second by CITY MANAGER'S OFFICE 14) Adoption of City Council Goals & Objectives for Fiscal Year 2017-18 It is recommended that the City Council discuss and adopt the City Council Goals & Objectives for Fiscal Year 2017-2018. Motion by to second by FINANCE DEPARTMENT 15) First Quarter Financial Report for Fiscal Year 2017-18 It is recommended that the City Council take the following actions: 1) Receive and file the First Quarter Financial Report for Fiscal year 2017-18; and 2) Adopt the following resolution: RESOLUTION NO. 2017-112 - 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 (First Quarter Financial Report) Motion by adopt second by disapprove hold Over 9 Agenda material is available at Ivivw.westcovina.org Tuesday December 05, 2017 PUBLIC WORKS 16) Status Update on the Implementation of a Community Choice Aggregation Program It is recommended that the City Council receive the status update on the implementation of a Community Choice Aggregation Program and direct staff accordingly. Motion by second by to MAYOR/COUNCILMEMBERS REPORTS MAYOR MIKE SPENCE 17) Examine What Measures Other Cities are Taking to Balance Legal Protections for the Homeless Population and Ensuring the Protection of Access for All to Public Facilities It is recommended that the City Council direct City staff to draft an amendment to the City's Municipal Code to further address no camping in public spaces and include language regarding storage of personal property. Motion by second by to 18) Annual Appointment of City Council Representatives to External Advisory Boards It is recommended that the City Council take the following actions: I) Confirm the Mayor's appointments to the various organizations described in the staff report; and 2) Adopt the following resolution appointing a representative and alternate to the San Gabriel Valley Council of Governments: RESOLUTION NO. 2017-118 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, NAMING MAYOR MIKE SPENCE AS THE GOVERNING BOARD REPRESENTATIVE TO SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, AND COUNCILMEMBER JAMES TOMA AS THE ALTERNATE Motion by adopt second by disapprove hold over 10 Agenda material is available at www.westcovina.org Tuesday December 05, 2017 AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councibnembers 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 - CC 12/06/2017 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 limit his or het l 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 attemptin.c,, 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 11 Agenda material is available at www.westcovina.org Tuesday December 05, 2017 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 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. 12 Agenda material is available at www.westcovina.org