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12-19-2017 - RegularCITY OF WEST COVINA CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION/ SUCCESSOR AGENCY TUESDAY DECEMBER 19, 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 Hall, 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. A_g IFY THAT A COPY OF THE COUNCIL AGENDA FOR endas may contain items for these THE MEETING OF/ boards, as necessary. CERT ACCOFiDAInIC WITH THE 01/87 BROWN ACT AMENDMENT 7WAS POSTED IN 'ASD: n.11-4 1 0 F CE OF 1-1-11< •. Tuesday December 19, 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 identift 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.vestcovina.org Tuesday December 19, 2017 AGENDA CITY OF WEST COVINA CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION/SUCCESSOR AGENCY TUESDAY DECEMBER 19, 2017, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Pete Morehead from New Hope Community Church PLEDGE OF ALLEGIANCE Led by Councilman Tony Wu ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA 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. 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) July 31, 2017 Special Community Town Hall Meeting August 2, 2017 Special City Council Closed Session Meeting August 2, 2017 Special City Council Meeting August 9, 2017 Special Community District Formation Workshop 3 Agenda material is available at www.westeovina.org Tuesday December 19, 2017 August 15, 2017 Regular City Council Closed Session Meeting August 15, 2017 Regular City Council/Successor Agency Meeting September 5, 2017 Regular City Council Meeting September 5, 2017 Regular City Council/Successor Agency Meeting COMMISSION SUMMARY OF ACTIONS (receive & file) 2) September 12, 2017 Community and Senior Services Commission Summary of Actions CLAIMS AGAINST THE CITY 3) Government Tort Claim Denial It is recommended that the City Council deny the following Government Tort Claim and the claimant be notified: • Sandra Gandara-Ortiz v. City of West Covina ORDINANCES FOR ADOPTION 4) Approval of Citywide Engineering and Traffic Survey It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2326 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, 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 TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 5) November 15, 2017 Traffic Committee Meeting Minutes It is recommended that the City Council receive and file the minutes of the November 15, 2017 Traffic Committee Meeting. INVESTMENT REPORT (receive & file) 6) City Investment Report for the Month Ended October 31, 2017 It is recommended that the City Council receive and file the Investment Report for the month ended October 31, 2017. 4 Agenda material is available at www.westcavina.org Tuesday December 19, 2017 7) Successor Agency Investment Report for the Month Ended October 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 October 31, 2017. COMMUNITY & ECONOMIC DEVELOPMENT 8) Mauna Loa Apartments - Subordination Agreement It is recommended that the City Council, acting in its capacity as the Community Development Commission, adopt the following resolution and authorize the City Manager in his capacity as the Executive Director to execute any and all documents necessary to effectuate the Subordination Agreement of the Agency Loan for the Mauna Loa Apartments: RESOLUTION NO. 2017-123 - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE HOUSING AUTHORITY OF THE CITY OF WEST COVINA, ACTING IN ITS CAPACITY AS HOUSING SUCCESSOR TO THE DISSOLVED REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA, AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE ANY AND ALL DOCUMENTS AND TAKE ALL ACTIONS IN FURTHERANCE OF THE APPROVAL OF THE SUBORDINATION AGREEMENT FOR THE AGENCY LOAN FOR THE MAUNA LOA APARTMENTS 9) Long Range Property Management Plan (LRPMP) - Disposition of Agency Assets #28 and #29 (APN's No.'s: 8735-001-933, 8735-001-934) to M&A Gabaee: ENA Extension It is recommended that the City Council, acting as the Successor Agency, authorize the Executive Director, or his designee, to authorize a 90 day extension to the Exclusive Negotiation Agreement (ENA) with M&A Gabaee (Gabaee) for the sale of Agency Parcels (APN's No.'s: 8735-001-933 and 8735-001-934). FINANCE DEPARTMENT 10) 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 5 Agenda material is available at Lvww.westeovina.org Tuesday December 19, 2017 FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30, 2018 (First Quarter Financial Report) 11) June 7, 2017 Amended Special Audit Committee Meeting Minutes It is recommended that the City Council receive and file the amended Minutes of the Special Audit Committee Meeting held on June 7, 2017. 12) Comprehensive Annual Financial Report (CAFR) and Other Related Reports for the Year Ended June 30, 2017 It is recommended that the City Council receive and file the following letters and financial reports for the year ended June 30, 2017: • Comprehensive Annual Financial Report • Government Auditing Standards Letter • Audit Communication Letter • West Covina Housing Authority Fund Financial Report • West Covina Housing Authority Fund Addendum to the Annual Progress Report • Air Quality Improvement Fund Financial Statements • Agreed-Upon Procedures related to the City's calculation of the GANN Limit HUMAN RESOURCES 13) Declaration of Impasse It is recommended that the City Council declare impasse with the West Covina Non- Sworn Employees Association regarding the negotiations for a Fiscal Year 2016-17 Memorandum of Understanding. PLANNING DEPARTMENT 14) Courtesy Notification Standards for Code Amendment No.'s 17-02 (Downtown Plan) and 17-03 (Accessory Dwelling Units) It is recommended that the City Council instruct staff to complete the courtesy notice mailings as outlined in the staff report. PUBLIC WORKS 15) Award Professional Engineering Services Agreement for the Preparation of Systemic Safety Analysis Report Program It is recommended that the City Council take the following actions: 1) Authorize the City Manager to execute an agreement with Willdan Engineering 6 Agenda material is available at www.westcovina.org Tuesday December 19, 2017 (Willidan) in the total amount not to exceed $58,000 for professional engineering services to prepare a Systemic Safety Analysis Report; and 2) Adopt the following resolution: RESOLUTION NO. 2017-114 - 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 (Preparation of Systemic Safety Analysis Report) 16) Lot Line Adjustment No. 191 1521, 1517, and 1511 W. Elgenia Street It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2017-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 191 AT 1521, 1517, AND 1511 W. ELGENIA STREET AND DIRECTING THE RECORDATION THEREOF 17) Award Contract to West Coast Arborists, Inc. for Tree Trimming Services in Landscape Maintenance District No.'s 1, 2, 4 and 7 It is recommended that the City Council take the following actions: 1) Waive formal bidding requirements as described in West Covina Municipal Code Section 2-333; and 2) Authorize the City Manager to execute a contract with West Coast Arborists, Inc. for an amount not to exceed $115,000 for tree trimming services in Landscape Maintenance District No.'s 1, 2, 4 and 7 as approved in the Fiscal Year (FY) 2017-18 Capital Improvement Program (CIP) budget, in substantially the form attached. 18) Professional Services Agreement with Kreuzer Consulting Company for the Design of Fiscal Year 2017-18 Residential Streets Rehabilitation (Project No. SP-18032) It is recommended that the City Council authorize the City Manager to execute a professional services agreement with Kreuzer Consulting Group (KCG) in the amount not to exceed $69,190 which includes 10% contingency for the design of Fiscal Year (FY) 2017-18 Residential Streets Rehabilitation, Project No. SP-18032. 19) Award of Contract for Installation of Stairway Enclosure Improvements at City Hall (Project No. BP-17013) It is recommended that the City Council take the following actions: 1) Authorize the City Manager to execute a contract with Rizkallah Construction for an 7 Agenda material is available at www.westcovina.org Tuesday December 19, 2017 amount not to exceed $89,501 (which includes contingencies in the amount of $2,607) for the installation of Stairway Enclosure Improvements at City Hall; and 2) Adopt the following resolution: RESOLUTION NO. 2017-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY I, 2017, AND ENDING JUNE 30, 2018 (Stairway Enclosure Improvements at City Hall) ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented except: ROLL CALL: Johnson, Toma, Warshaw, Wu, Spence END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 20) Issuance of California Statewide Communities Development Authority Transportation Revenue (Installment Sale) Certificates of Participation, Series 2018 A (T.R.I.P. - Total Road Improvement Program) Bonds for Glendora Avenue Revitalization 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) Adopt the following resolution: RESOLUTION NO. 2017-122 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE EXECUTION AND DELIVERY OF CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TRANSPORATION REVENUE (INSTALLMENT SALE) CERTIFICATES OF PARTICIPATION, SERIES 2018A (T.R.I.P. - TOTAL ROAD IMPROVEMENT PROGRAM) PURSUANT TO A TRUST AGREEMENT, AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST AGREEMENT, 8 Agenda material is available at www.westcovina.org Tuesday December 19, 2017 CERTIFICATE PURCHASE AGREEMENT AND AN INSTALLMENT SALE AGREEMENT, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE OFFERING AND SALE OF SUCH CERTIFICATES, AND AUTHORIZING THE FILING OF A VALIDATION ACTION AND OTHER MATTERS RELATING THERETO 2) Approve the bond team as outlined in the report; and 3) Approve the form of the resolution that the California Statewide Communities Development Authority is to adopt in order to issue bonds on the City of West Covina's behalf; and 4) Authorize the City Manager to execute a professional services agreement with Urban Futures, Inc., to complete the required ongoing continuing disclosure services for the duration of the bonds, for an amount not to exceed $1,025 per year; and 5) Authorize the Mayor, City Manager and City Attorney to execute all necessary documents related to the issuance of the Glendora Avenue Revitalization Bonds. Motion by adopt second by disapprove hold over 21) Introduce Ordinance to Establish Speed Limits on Rowland Avenue Between Lark Ellen Avenue and Azusa Avenue; Vine Avenue Between Glendora Avenue and Citrus Street; and Worlunan Avenue Between Lark Ellen Avenue and Azusa Avenue a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is recommended that the City Council introduce the following ordinance: ORDINANCE NO. 2330 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO ESTABLISH SPEED LIMITS ON ROWLAND AVENUE BETWEEN LARK ELLEN AVENUE AND AZUSA AVENUE; VINE AVENUE BETWEEN GLENDORA AVENUE AND CITRUS STREET; AND WORKMAN AVENUE BETWEEN LARK ELLEN AVENUE AND AZUSA AVENUE Motion by second by introduce disapprove hold over ROLL CALL: Johnson, Toma, Warshaw, Wu, Spence 9 Agenda material is available at www.westenvina.org Tuesday December 19, 2017 DEPARTMENTAL REGULAR MATTERS COMMUNITY & ECONOMIC DEVELOPMENT 22) Exclusive Negotiation Agreement with Singpoli Group LLC for Development of Former BKK Landfill (APN No.'s: 8735-002-906, 8735-002-909, 8735-002-910, 8735- 002-018) It is recommended that the City Council authorize the City Manager to execute an Exclusive Negotiation Agreement (ENA) with Singpoli Group LLC (Singpoli) for the development of the former BKK landfill (APN No.'s: 8735-002-906, 8735-002-909, 8735- 002-910, and 8735-002-018). Motion by second by to MAYOR/COUNCILMEMBERS REPORTS MAYOR MIKE SPENCE 23) 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 AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councilmernbers 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 01/08/18 7:00 PM 10 Agenda material is available at tvww.westcovina.org Tuesday December 19, 2017 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 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 11 Agenda material is available at ivww.westeovina.org Tuesday December 19, 2017 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/SUCCESSOR AGENCY TUESDAY DECEMBER 19, 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 Couneilmember 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 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 MEETNG OF ILI nit 7 WAS POSTED IN ACCORDANC 9T THE 01/87 BROWN ACT AMENDMENT OFFICE OPTFTE'CVTY CLERK Tuesday December 19, 2017 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: APN's: 8735-002-906, 8735-002-909, 8735-002-910, 8735-002-018 Agency Negotiator: Freeland, Bresciani, Morales, Hall Barlow Negotiating Parties: Singpoli, LLC Under Negotiation: Price and Terms of Payment CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: APYs: 8735-001-933, 8735-002-934 Agency Negotiator: Freeland, Bresciani, Morales, Hall Barlow Negotiating Parties: M&A Gabaee Under Negotiation: Price and Terms of Payment 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 - Non-Sworn - W.C. Police Management Association - W.C. Police Officers' Association - W.C. Firefighters' Management Assoc. - W.C. Firefighters' Association, I.A.F.F., Local 3226 Unrepresented Employee Group - Department Heads ADJOURNMENT 2 Agenda material is available at www.westeavina.org