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04-17-2018 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY APRIL 17, 2018, 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 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 OF LI If7Il vASPOSTEDlN ACCORDANCE vyrni THE 01/87 BROWN ACT AMENDMENT Tuesday April 17, 2018 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: Eastland Shopping Center Parking Lot (APN: 8451-012-907) Agency Negotiator: Freeland, Bresciani, Morales, Hall Barlow Negotiating Parties: DDR and Tesla Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code 54956.9(d)(2) Number of Cases: One (1) CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION Pursuant to Government Code ,§ 54956.9(d)(4) Number of Cases: One (1) 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.weskovina.org I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF•4 I /RWAS POSTED IN ACCORDANCE 1NITH THE 01/67 BROWN ACT AMENDMENT ' OFFICE OF THE CI CLERK CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY APRIL 17, 2018, 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 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.westcovina.orz 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. Tuesday April 17, 2018 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 ;vww.westcovina.org Tuesday April 17, 2018 AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY APRIL 17, 2018, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Mason Okubo from Immanuel First Lutheran Church PLEDGE OF ALLEGIANCE Led by Councilmember Corey Warshaw ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Proclamation proclaiming April 29th to May 5th, 2018 as National Small Business Week ORAL COMMUNICATIONS - Five (5) minutes per speaker Please step forward to the podium and state your name and city of residence Jr the record when recognized by the Mayor. 3 Agenda material is available at www.westcovina.org Tuesday April 17, 2018 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 spec?/lc items to be removed from the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) April 3, 2018 Regular City Council Closed Session Meeting Minutes April 3, 2018 Regular City Council/Successor Agency Meeting Minutes April 5, 2018 Special Meeting - Pension Update Community Meeting Minutes ORDINANCES FOR ADOPTION 2) Code Amendment No. 14-05 Entitlements Processing General Exemption - CEQA It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2338 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 14-05 TO AMEND CHAPTER 20 AND CHAPTER 26 OF THE WEST COVINA MUNICIPAL CODE RELATED TO ENTITLEMENTS AND PROCESSING TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 3) March 21, 2018 Traffic Committee Meeting Minutes It is recommended that the City Council receive and file the minutes of the Traffic Committee Meeting held on March 21, 2018. COMMUNITY & ECONOMIC DEVELOPMENT 4) Request for Proposals (RFP) for a Citywide Branding and Marketing Strategy It is recommended that the City Council reject all proposals and instruct City staff to re- visit a Branding and Marketing Strategy at a future date. 5) Auto Plaza Business Improvement District It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-30 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2018-19, AND PROVIDE NOTICE OF PUBLIC MEETING 4 Agenda material is available at www.westeovina.org Tuesday April 17, 2018 THEREON TO BE CONDUCTED MAY 1, 2018, AND PROVIDE NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 5, 2018 6) Long Range Property Management Plan (LRPMP) - Disposition of Agency Parcels (APN's: 8735-002-906, 8735-002-909, 8735-002-910) and Related License Agreement (8735-002-018 to the City of West Covina (BKK Site) It is recommended that the City Council, acting as the Successor Agency, adopt the following resolution to sell three Successor Agency assets (APN's: 8735-002-906, 8735- 002-909, 8735-002-910) and transfer an associated license agreement to the City of West Covina: RESOLUTION NO. 2018-32 - A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND AUTHORIZING THE SALE OF THREE (3) AGENCY PARCELS (APN'S: 8735-002-906, 8735-002-909, 8735-002- 910) AND RELATED LICENSE AGREEMENT (APN: 8735-002-018) TO THE CITY OF WEST COVINA It is recommended that the City Council adopt the following resolution to purchase three (3) Agency parcels (APN's: 8735-002-906, 8735-002-909, 8735-002-910) from the Successor Agency to the former West Covina Redevelopment Agency: RESOLUTION NO. 2018-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND AUTHORIZING THE PURCHASE OF THREE (3) PARCELS (APN'S: 8735-002-906, 8735-002-909, 8735- 002-910) FROM THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY 7) Exclusive Negotiation Agreement with Starwood Retail Partners LLC for City Owned Parcels Located at the Plaza West Covina Mall (APN No.'s: 8474-003-915, 8474-003-918, 8474-003-940, 8474-007-928, 8474-007-931, 8474-007-932, 8474-007- 933, 8474-007-934, 8474-007-935, 8474-007-939, 8474-007-940) It is recommended that the City Council authorize the City Manager to negotiate, and execute, an Exclusive Negotiation Agreement (ENA) with Starwood Retail Partners LLC (Starwood) for the development/purchase of City assets at the Plaza West Covina Mall site. 8) Update on 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 receive and file the informational report. 5 Agenda material is available at www.westcovitta.org Tuesday April 17, 2018 POLICE DEPARTMENT 9) Purchase of Police Computer Storage Array and Maintenance It is recommended that the City Council take the following actions: I) In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (b), which states that the City Council can dispense with the bidding process when it will prove impracticable or uneconomical, waive the bid process and authorize the purchase of a three-year maintenance and support agreement from Impex Technologies, totaling $36,712.50, from account 117.31.3119.6272; and 2) In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (b), which states that the City Council can dispense with the bidding process when it will prove impracticable or uneconomical, waive the bid process and authorize the purchase of a flash storage array from Impex Technologies, totaling $44,604.00 from account 117.31.3119.7160. PUBLIC WORKS 10) Fiscal Year 2017-18 Budget Amendment (Overhead Safety Lighting at All City Traffic Signal Intersections) It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING JUNE 30, 2018 (Overhead Safety Lighting at all City Traffic Signal Intersections) 11) Approve Professional Services Agreement with Willdan Engineering for Design of Traffic Signals at Two Intersections It is recommended that the City Council take the following actions: 1) Authorize the City Manager to execute an agreement with Willdan Engineering in the total amount not-to-exceed $23,098 for professional engineering services for the preparation of plans, specifications, and estimates (PS&E) for traffic signals at the intersections of Cameron Avenue and BatTanca Street and Cameron Avenue and Citrus Street; and 2) Establish Project No. T-18040 and T-18041; and 3) Adopt the following resolution: RESOLUTION NO. 2018-31 - A RESOLUTION OF THE CITY COUNCIL OF THE 6 Agenda material is available at www.westeovina.org Tuesday April 17, 2018 CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1,2017 AND ENDING JUNE 30, 2018 (Traffic Signal Design Services) 12) Acceptance of Work for Installation of Full Capture Trash Devices in Catch Basins at Various Locations (Project No. 18007) It is recommended that the City Council take the following actions: 1) Accept work for installation of full capture trash devices in catch basin at various locations; and 2) Authorize recordation of Notice of Completion with the Los Angeles County Recorder ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented except: ROLL CALL: T oma, Warshaw, Wu, Johnson, Spence END OF CONSENT CALENDAR DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 13) Adopting a Fine Schedule for Violation of Chapter 19-14 (Unlawful Camping and Storage of Personal Property) of the West Covina Municipal Code It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A FINE SCHEDULE FOR VIOLATION OF CHAPTER 19-14 (UNLAWFUL CAMPING AND STORAGE OF PERSONAL PROPERTY) OF THE WEST COVINA MUNICIPAL CODE Motion by adopt second by disapprove hold over 7 Agenda material is available at www.tvestcovina.org Tuesday April 17, 2018 FIRE DEPARTMENT 14) Replacement and Amendment of West Covina Municipal Code Chapter 8 - Civil Defense and Emergencies with Chapter 8 - Emergency Organization It is recommended that the City Council read by title only, waive further reading, and introduce the following ordinance for first reading: ORDINANCE NO. 2339 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALFIRONIA, REPEALING AND REPLACING CHAPTER 8 - CIVIL DEFENSE AND EMERGENCIES WITH CHAPTER 8 - EMERGENCY ORGANIZATION Motion by second by introduce disapprove hold over ROLL CALL: Toma, Warshaw, Wu, Johnson, Spence MAYOR/COUNCILMEMBERS REPORTS MAYOR MIKE SPENCE 15) Ballot Measure Regarding the Elimination of the Elected City Clerk and Elected City Treasurer Offices It is recommended that the City Council consider whether to pursue a proposed ballot measure or measures regarding the elimination of the elected City Clerk and elected City Treasurer offices and provide direction accordingly. Motion by second by to MAYOR PRO TEM LLOYD JOHNSON 16) Code Amendment No. 18-01 Initiation Related to the Regulation of Marijuana Cultivation It is recommended that the City Council provide direction to staff in 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). If the City Council would like to initiate a code amendment, the following resolution should be adopted: 8 Agenda material is available at www.westcovina.org Tuesday April 17, 2018 RESOLUTION NO. 2018-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 18-01 RELATED TO THE REGULATION OF MARIJUANA CULTIVATION Motion by adopt second by disapprove hold over 17) Reconsideration of Approval of October 18, 2017 Traffic Committee Minutes Relating to the Installation of Red Curb on Orange Avenue Between Eldred Avenue and Workman Avenue It is recommended that the City Council direct staff accordingly. Motion by second by to AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Counciltnembers shall make a brief report or file a written report on any in attended at City expense.) CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 41- 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 MIKE SPENCE 18) Request from Mayor Spence for City Council to Discuss Taking a Formal Position Supporting SB 1031 (Moorlach) It is recommended that the City Council discuss whether or not take a formal position supporting Senate Bill (SB) 1031 and direct staff to send a letter to the authors, as well as our local legislators, if a formal position is taken. Motion by second by to 19) Request from Mayor Spence for City Council to Discuss Taking a Formal Position Supporting AB 1065 (Jones-Sawyer) It is recommended that the City Council discuss whether or not take a formal position supporting Assembly Bill (AB) 1065 and direct staff to send a letter to the authors, as well as our local legislators, if a formal position is taken. Motion by second by 9 Agenda material is available at tovw.westcovina.org Tuesday April 17, 2018 to 20) Request from Mayor Spence for City Council to Discuss Tasking a Formal Position Opposing AB 1912 (Rodriguez) It is recommended that the City Council discuss whether or not to take a formal position opposing Assembly Bill (AB) 1912 and direct staff to send a letter to the authors, as well as our local legislators, if formal position is taken. Motion by to second by 21) Request from Mayor Spence for City Council to Discuss Taking a Formal Position Supporting AB 2156 (Chen) It recommended that the City Council discuss whether or not to take a formal position supporting Assembly Bill (AB) 2156 and direct staff to send a letter to the authors, as well as our local legislators, if a formal position is taken. Motion by to second by COUNCILM EMBER JAMES TOMA 22) Request from Councilmember Toma for City Council to Discuss Directing Staff to Draft an Ordinance Regarding the Disclosure of Independent Expenditures It is recommended that the City Council discuss whether or not to direct staff to draft an ordinance regarding the disclosure of independent expenditures. Motion by second by to CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Closed Session 05/01/2018 6:00 PM 10 Agenda material is available at www.rvestcovina.org Tuesday April 17, 2018 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. See. 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 www.westcovina.org Tuesday April 17, 2018 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 niaterial is available at wiivw.rvestcovina.org • CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY APRIL 17, 2018, 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 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,westcovitta.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. Tuesday April 17, 2018 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 (Wendt 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 April 17, 2018 • AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY APRIL 17, 2018, 7:00 PM REGULAR MEETING 7CU Ork-A--\ -71(0 1"% INVOCATION /7 Led by Pastor Mason Okubo from Immanuel First Lutheran Church PLEDGE OFALLEGIANCE Led by Councilmember Corey Warshaw ROLL CALL ZA-)\ RA-4A-44°- REPORTING OUT FROM CLOSED SESSION /CA — kr1/41Co-... . P Proclamation proclaiming April 29th to May 5th, 2018 as National Small Business Wee e0MIDATeA1—Cfrife g21-4e7;pMeIC4:"‘" 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.westcovina.org PRESENTATIONS CHANGES TO THE AGENDA ORDINANCES FOR ADOPTIO • :," I lz-05. • L. 5cessing xemption - CEQA It is recommended that the City Council adopt the following ordinance: Tuesday April 17, 2018 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) April 3, 2018 Regular City Council Closed Session Meeting Minutes April 3, 2018 Regular City Council/Successor Agency Meeting Minutes April 5, 2018 Special Meeting - Pension Update COmmunity,Meeting Minutes. • ....fiRDINANCE NO. 2338 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO. 14-05 TO AMEND CHAPTER 20 AND CHAPTER 26 OF THE WEST COVINA MUNICIPAL CODE RELATED TO ENTITLEMENTS AND PROCESSING k TRAFFIC COMMITTEE MEETING 'MINUTES (accept & tile) ... . . , 3) March 21, 2018 Traffic Committee Meeting Minutes .. . 'S c‘-' o 1--) It is recommended that the City Council receive and .file the minutes of the Traffic , _/ Committee Meeting held n March 21,-2018. , • 4 . .. v • _. 4 • . . • • • . • . . , COMMUNITY & ECONOMIC DEVELOPMENT 4) Request for iiropotals (RFP) for a,Citywide Branding and Marketing Strategy • ;- It is recommended that the City Council reject all proposals and instruct City staff to re- z iU visit a Branding and Marketing Strategy at a future date. r-7 , 5) Auto Plaza Business Improvement District.' \ It is recommended that the City Council adopt the following resolution: /RESOLUTION NO. 2018-30 - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF VEST COVINA TO LEVY ASSESSMENTS WITHIN, THE WEST COVINA AUTO PLAZA BusiNgss IMPROVEMENT DISTRICT AREA' }, FOR .FISCAL YEAR 2018-1 .9, AND PROVIDE NOTICE' OF PUBLIC MEETING 4 Agenda material is available at www.westcovina.arg 0) Update on 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) =hat the City Council receive and file the informational report. SCLA...44.2. 5 Agenda material is available at ;vww.westcovina.org 17.)PO4.( • Tuesday April 17, 2018 THEREON TO BE CONDUCIED MAY 1, 2018, AND PROVIDE NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 5,2018 6) Long Range Property Management Plan (LRPMP) - Disposition of Agency Parcels (APN's: 8735-002-906, 8735-002-909, 8735-002-910) and Related License Agreement (8735-002-018 to the City of West Covina (BIUC Site) It is recommended that the City Council, acting as the Successor Agency, adopt the • following resolution to sell three Successor Agency assets (APN's: 8735-002-906, 8735- 002-909, 8735-002-910) and transfer an associated license agreement to the City of West Covina: /RESOLUTION NO. 2018-32- A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND AUTHORIZING THE SALE OF THREE (3) AGENCY PARCELS (APN'S: 8735-002-906, 8735-002-909, 8735-002- 910) AND RELATED LICENSE AGREEMENT (APN: 8735-002-018) TO THE CITY OF WEST COVINA It is recommended that the City Council adopt the following resolution to purchase three (3) Agency parcels (APN's: 8735-002-906, 8735-002-909, 8735-002-910) from the Successor Agency to the former West Covina Redevelopment Agency: RESOLUTION NO. 2018-33 - A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF WEST COVINA, CALIFORNIA, APPROVING AND AUTHORIZING THE PURCHASE OF THREE (3) PARCELS (APN'S: 8735-002-906, 8735-002-909,'-8735- 002-910) FROM THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY 7) Exclusive Negotiation Agreement with Starwood Retail Partners LLC for City Owned Parcels Located at the Plaza West Covina Mall (APN No.'s: 8474-003-915, `-.) 8474-003-918, 8474-003-940, 8474-007-928, 8474-007-931, 8474-007-932, 8474-007- 933, 8474-007-934, 8474-007-935, 8474-007-939, 8474-007-940) It is recommended that the City Council authorize the City Manager to negotiate, and execute, an Exclusive Negotiation Agreement (ENA) with Starwood Retail Partners LLC (Staxwood) for the development/purchase of City assets at the Plaza West Covina Mall site. Tuesday April 17,2018 POLICE DEPARTMENT 9) Purchase of Police Computer Storage Array and Maintenance It is recommended that the City Council take the following actions: 1) In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (b), which states that the City Council can dispense with the bidding process when it will prove impracticable or uneconomical, waive the bid process and authorize the purchase' of a three-year maintenance and support agreement from Impex Technologies, totaling $36,712.50, from account 117.31.3119.6272; and 2) In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (b), which states that the City Council can dispense with the bidding process when it will prove impracticable or uneconomical, waive the bid process and authorize the purchase of a flash storage array from Impex Technologies, totaling $44,604.00 from account 117.31.3119.7160. PUBLIC WORKS 10) Fiscal Year 2017-18 Budget Amendment (Overhead Safety Lighting at All City Traffic Signal Intersections) It is recommended that the City Council adopt the following resolution: /RESOLUTION NO. 2018-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2017, AND ENDING TUNE 30, 2018 (Overhead Safety Lighting at all City Traffic Signal Intersections) 11) Approve Professional Services Agreement with Willdan Engineering for Design of Traffic Signals at Two Intersections It is recommended that the City Council take the following actions: 1) Authorize the City Manager to execute an agreement with Willdan Engineering in the total amount not-to-exceed $23,098 for professional engineering services for the preparation of plans, specifications, and estimates (PS&E) for traffic signals at the intersections of Cameron Avenue and Barranca Street and Cameron Avenue and Citrus Street; and 2) Establish Project No. T-18040 and T-18041; and 3) Adopt the following resolution: . - • yESOLUTION NO. 2018-31 - A RESOLUTION OF 'fag CiTY.COUNCIL OFATHE 6 Agenda material is available at www.westeovina.org Tuesday April 17, 2018 • CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2017 AND ENDING JUNE 30, 2018 (Traffic Signal Design Services) 12) Acceptance of Work for Installation of Full Capture Trash Devices in Catch Basins at Various Locations (Project No. 18007) It is recommended that the City Council take the following actions: 1) Accept work for installation of full capture trash devices in catch basin at various, locations; and _ 2) Authorize recordation of Notice of Completion with the Los Angeles County Recorder ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented , - except: _Rob: CALL: Toma, Warshaw, Wu, Johnson, Spence - --END OF-CONSENT CALENDAR fr t I , DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 13) Adopting a Fine Schedule for Violation of Chapter 19-14 (Unlawful Camping al:id , Storage of Personal Property) of the West Covina Municipal Code • . It is recommended tlaat,the •City Council aacipt the following resolution: .._ '• , N.., SOLUTION NO. 2018-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST -COVINA, CALIFORNIA, ADOPTING A FINE SCHEDULE FOR VIOLATION OF CHAPTER 19-14 (UNLAWFUL CAMPING AND STORAGE OF PERSONAL PROPERTY) OF THE WEST COVINA MUNICIPAL CODE Motion by second by ..,eadopt disapprove hold over 7 Agenda material is available at www.ivestcovina.arg .1 • Tuesday April 17, 2018 '- FIRE DEPARTMENT 14) Replacement and Amendment of West Covina Municipal Code Chapter 8 - Civil Defense and Emergencies with Chapter 8 - Emergency Organization It is recommended that the City Council read by title only, waive further reading, and introduce the following ordinance for first reading: RDINANCE NO. 2339 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CAIRRONIA, REPEALING AND REPLACING CHAPTER 8 - CIVIL DEFENSE AND EMERGENCIES WITH CHAPTER 8 - EMERGENCY ORGANIZATION 1. second by disapprove hold over ROLL CALL: Toma, Warshaw, Wu, Johnson, Spence DR setv-k_ H. Motion by introduce CC4c-40:4ft-.) pe..4 ntAkk ruit<%,i-fc-)n -e(2944144C0 Pr-Ballot Measure Regarding the Elimination of the Elected City Cll . ted 0 -erri , City Treasurer Offices It is recommended that the City Council consider whether to pursue a proposed ballot measure or measures regarding the elimination of the elected City Clerk and elected City Treasurer offices and provide direction accordingly. Motion by second by M , A ..._ r r..' 14 /I•cAW)d9A-0 to MItt41414-sit PRM I-Vi LteilYlrolINeg8N CU: s eLAAA-Lci Cbg t1/4/1')‘0,1:n";\(.44t-o. 16) Code Amendment No. 18-01 Initiation Related to the Regulation oi MarijuanaA 1,0,,$) Cultivation . It is recommended that the City Council provide direction to staff in 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). I. If the City Council would like to initiate a code amendment, the following resolution should be adopted: • 8 Agenda material is available at www.westeovina.org MAYOR/COITNCILMEMBERS REPORTS MAYOR MIKE SPENCE Ja Motion by .1 • ... , r Tuesday April 17, 2018 v SOLUTION NO. 2018-27 - A RESOLUTION OF THE CITY COUNCIL Or TI-IF '-CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 8- 1 RELA fED T THE REGULATIO F UANA CULTIVATION LQ second 11%;AN-I.-Th k.11 nold over otion by 410 it disapprove 0 V ••••• . ,;" .,, Al' - ': .— — " econsi s e "ri • 1 '' o p lIP. i w. n . 1 1 I er 18, 2017 Traffic Comm—ittee Minutes Relating to the Installation of Red Curb, on Orange Avenue Between Eldred Avehile ..e. and Workman Avenue " It is recommended that the City Council direct staff accordingly. Motion by second by to 5t..2.4 AB1234 Conference a d Meeting Report (verbal: if any) z 00, (In accordance with All 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 MIKE SPENCE 18) Request from Mayor Spence for City Council to Discuss Taking a Formal Position Supporting SB 1031 (Moorlach) 1 u--51 t 1,0 6— r& ict-LA•••‘. eqtQ-:sfili•ontiolL. Spence or Ci ourS\italeacuss Tatung Formal Position (D4 ; 012 • Supporting AB 1065 (Jones-Sawyer) It is recommended that the City Council discuss whether or not take a formal position supporting Assembly Bill (AB) 1065 and direct staff to send a letter to the authors, as well as om."--rin legislators, if a formal position is taken. second by , . 5 1 0 . • . , . • , • 4 . , 6..4.... tc•AL. .e.,,,, ...._....— ...,------- . • Agenda material is a va i la b le at-www.w. steovina.or It is recommended that the City Council discuss whether or not take a formal position I....22su orting Senate Bill (SB) 1031 and direct staff to send a letter to the authors, as well as --r--• 00„...sr oca - egislators, if a formal position.cs taken. , •••• - .. . Motion by , . second by. • bAA-2b, 711 CITY COUN IL'COMMENTS ADJOURNMENT ct 1, - • _ Next Tentative City Council Meeting Closed Session 05/01/2018 6:00 PM 'Gvn 4.. ma, qe4-1.;7—k t-7 1 1114i %, • Tuesday April 17, 2018, to 20) Request from Mayor Spence for City Council to Discuss Tasking a Formal .POsition. •Opposing AB 1912 (Rodriguez) . • ' • . . It is recommended that the City Council discuss whether or not to take a formal position oppasim Assembly Bill (AB) 1912 anOirect staff to send a letter to the alithors,, asovell as our local legislators, if formal position g iaketi. 5e,04-2"- N-••)13A1 5.../P-44`-g-0110Aigi--- C-(2 secon Request from Mayor Spence for City Council to Discuss Taking a Formal Position Supporting AB 2156 (Chen) It .recommeilded that the City Council discuss whether or not to take a formal position supporting Assembly Bill (AB) 2156 and direct staff to send a letter to theauthors, as well as our, local legislators, if a formal position is taken. second by COUNCILMEMBER JAMES TOMA 22) Request from Councilmember Toma for City Council to Discuss Directing Staff to Draft an Ordinance Regarding the Disclosure of Independent Expenditures It is recommended that the City Council discuss whether or not to direct staff to draft an ordinance regarding the disclosure of independent expenditures. Motion by second by to 1 • Oci,4s La), Tuesday April 17, 2018 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 councilinember 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 www.westeovina.org Tuesday April 17, 2018 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.tvestcovina.org