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05-15-2018 - RegularCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY MAY 15, 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.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 CEFMFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF5 / tS3/ WAS POSTED IN ACCORDANC WTIH THE 01/87 BROWN ACT AMENDMENT D tc- OFFICE OF THE CITY CLERK Tuesday May 15, 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 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.ivesicovina.org Tuesday May 15, 2018 AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY MAY 15, 2018, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Pete Morehead from New Hope Community Church PLEDGE OF ALLEGIANCE Led by Mayor Mike Spence ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Proclamation proclaiming May 2018 as Lupus Awareness Month Proclamation proclaiming May 20-26, 2018 as National Public Works Week Check Presentation to VFW Post 8620 from the West Covina Professional Firefighters Association Local 3226 Check Presentation to Friends of the West Covina Police K-9's from The McIntyre Company 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.westcovina.org Tuesday May 15, 2018 CONSENT CALENDAR Al! 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 Commision request specific items to be removed from the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) May 1, 2018 Closed Session Meeting Minutes May 1, 2018 Regular City Council/Successor Agency Meeting Minutes May 7, 2018 Special Community Budget Workshop Meeting Minutes INVESTMENT REPORT (receive & file) 2) City Investment Report for the Month Ended March 31, 2018 It is recommended that the City Council receive and file the Investment Report for the month ended March 31, 2018. 3) Successor Agency Investment Report for the Month Ended March 31, 2018 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 March 31, 2018. CITY ATTORNEY'S OFFICE 4) Lakes Operating Agreement It is recommended that the City Council authorize the City Manager to execute the Operating Agreement, subject to City Attorney approval, for a Portion of the Parking Facilities with CIP 2014/SG Covina Owner, LLC (CIP) for a term of five (5) years. CITY CLERK'S OFFICE 5) November 6, 2018 General Municipal Election Resolution Calling for Election and Requesting Consolidation Services with Los Angeles County It is recommended that the City Council adopt the following resolutions related to the November 6, 2018 General Municipal Election for the purpose of electing three (3) Members of the City Council representing Districts 2, 4 and 5 along with a City Clerk and a City Treasurer whose terms will expire: RESOLUTION NO. 2018-57 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE 4 Agenda material is available at www.westcovina.arg Tuesday May 15, 2018 PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES RESOLUTION NO. 2018-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE RESOLUTION NO. 2018-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2018 COMMUNITY & ECONOMIC DEVELOPMENT 6) Plaza West Covina Parking Agreement It is recommended that the City Council authorize the City Manager to execute a Second Amendment to the Parking Agreement with Starwood Capital Partners to increase the portion of the City Parking Structure allowed to be used by Starwood Capital Partners at the Plaza West Covina Mall. FINANCE DEPARTMENT 7) A Resolution Authorizing the Investment of Funds in the State of California Local Agency Investment Fund, Designating Authorized Staff as Authorized Signatories and Rescinding Resolution No. 2015-60 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE INVESTMENT OF FUNDS IN THE STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND, IDENTIFYING CHRIS FREELAND, CITY MANAGER, AND NIKOLE BRESCIANI, ASSISTANT CITY MANAGER, FINANCE DIRECTOR, OR THEIR SUCCESSORS, AS AUTHORIZED SIGNATORIES FOR THE INVESTMENT OF FUNDS IN THE STATE OF CALIFORNIA LOCAL AGENCY INVESTMENT FUND AND RESCINDING RESOLUTION NO. 2015-60 5 Agenda material is available at www.westeovina.org Tuesday May 15, 2018 8) Third Quarter Financial Report for Fiscal Year 2017-18 It is recommended that the City Council take the following actions: 1) Receive and file the Third Quarter Financial Report for Fiscal Year 2017-18; and 2) Adopt the following resolution: RESOLUTION NO. 2018-51 - 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 (Third Quarter Financial Report) 9) Proposition A Exchange - Foothill Transit It is recommended that the City Council approve the Proposition A Local Return Fund Exchange with Foothill Transit and authorize the City Manager to execute the Assignment Agreement. 10) Restructuring of Audit Committee It is recommended that the City Council adopt the following resolution, adding two additional community members to the Audit Committee: RESOLUTION NO. 2018-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPLACING RESOLUTION NO. 2016-40 AMENDING THE PROCEDURES, RULES AND REGULATIONS FOR THE AUDIT COMMITTEE PLANNING DEPARTMENT 11) Planning Consultant On-Call Services It is recommended that the City Council take the following actions: 1) Approve MIG to be used for Planning Consultant On-Call Services for five years ending May 15, 2023; and 2) Upon submittal of a development application, authorize the City Manager to execute agreements up to $75,000 to complete Planning Consultant On-Call Services for a development project. 6 Agenda material is available at www.rvestcovina.org Tuesday May 15, 2018 12) Queen of the Valley Hospital Master Plan Project Manager, Specific Plan Preparation and Environmental Impact Report (EIR) Preparation It is recommended that the City Council take the following action: 1) Authorize the City Manager to execute an agreement up to $526,908 for Contract Planner services, Specific Plan preparation and environmental impact report (EIR) preparation. POLICE DEPARTMENT 13) Approval of a Site Access Agreement with LA-RICS It is recommended that the City Council approve a Site Access Agreement (Agreement) with the Los Angeles Regional Interoperable Communications System (LA-RICS) for the BKK Communications Site. PUBLIC WORKS 14) Request for Reallocation of Property Taxes by the County of Los Angeles Sanitation District No. 22 (Annexation No. 429) for 621 Wrede Way and 3014 E. Cameron Avenue It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE BOARD OF DIRECTORS OF THE COUNTY OF LOS ANGELES SANITATION DISTRICT NO. 22, AND THE CITY COUNCIL OF THE CITY OF WEST COVINA, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM AN ANNEXATION TO COUNTY SANITATION DISTRICT NO. 22, BEING ANNEXATION NO. 429 15) Purchase of Eight Compressed Natural Gas (CNG) Work Trucks It is recommended that the City Council take the following actions: 1) Approve the purchase order to National Auto Fleet Group in the amount of $363,329.26 (including sales tax, delivery, and options) for the purchase of six (6) pickup trucks and two (2) service body work trucks; and 2) Establish Project No. V-18047; and 3) Adopt the following resolution: RESOLUTION NO. 2018-53 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT 7 Agenda material is available at www.tvestcovina.org Tuesday May 15, 2018 FOR THE FISCAL YEAR COMMENCING JULY 1, 2017 AND ENDING JUNE 30, 2018 (Purchase of Eight Compressed Natural Gas Work Trucks) 16) Adoption of the Golden State Finance Authority (GSFA) Property Assessed Clean Energy (PACE) Program Allowing Property Owners within the City's Jurisdiction Access to Financing and Other Services for Energy Efficient and Seismic Strengthening Improvement Construction Projects It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2018-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE GOLDEN STATE FINANCE AUTHORITY (GSFA) COMMUNITY FACILITIES DISTRICT NO. 2014-1 (CLEAN ENERGY) TO FINANCE RENEWABLE ENERGY IMPROVEMENTS, ENERGY EFFICIENCY AND WATER CONSERVATION IMPROVEMENTS, ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND OTHER IMPROVEMENTS AND APPROVING ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITY RELATED THERETO RESOLUTION NO. 2018-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE GOLDEN STATE FINANCE AUTHORITY (GSFA) PROGRAM TO FINANCE RENEWABLE ENERGY GENERATION, ENERGY AND WATER EFFICIENCY IMPROVEMENTS, ELECTRIC VEHICLE CHARGING INFRASTRUCTURE, AND OTHER IMPROVEMENTS AND APPROVING ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITY RELATED THERETO 17) Renewal of Landscape Maintenance Agreement with the County of Los Angeles It is recommended that the City Council authorize the City Manager to execute a five-year renewal of Landscape Maintenance Agreement with the County of Los Angeles for the West Covina Civic Center. 18) Renewal of Parking Lease Agreement with the County of Los Angeles It is recommended that the City Council authorize the City Manager to execute a five-year renewal of the Parking Lease Agreement with the County of Los Angeles for the off-street parking facilities at the West Covina Civic Center in substantially the form as attached. 19) Release of Faithful Performance Guarantee and Labor and Material Bonds for Tract No. 72579 - Oak Creek.- Holt, Inc. It is recommended that the City Council accept all on-site and off-site improvements for Tract No. 72579 located at 3228,3238 and 3244 Holt Avenue and authorize the release of 8 Agenda material is available at livww.westeovina.org Tuesday May 15, 2018 Faithful Performance and Labor and Material Bonds in the amount of $560,330 and $181,897 respectively. ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented except: ROLL CALL: Toma, Warshaw, Wu, Johnson, Spence END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 20) West Covina Active Transportation Plan a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is recommended that the City Council direct staff to revise the West Covina Active Transportation Plan. Motion by second by to DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 21) City Regulation of Independent Expenditures in Local Elections It is recommended that the City Council provide direction to staff on whether or not to prepare an ordinance regulating independent expenditures in local elections. Motion by second by to 9 Agenda material is available at mov.westcovina.org Tuesday May 15,2018 AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councihnembers 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 22) Request from Mayor Mike Spence for City Council to Consider Adopting a Resolution Regarding Prohibiting the Use of Public Money in Pursuit of Higher Taxes It is recommended that the City Council discuss whether or not to direct staff to draft a resolution for adoption regarding prohibiting the use of public money in pursuit of higher taxes. Motion by second by to 23) Request from Mayor Mike Spence for City Council to Discuss Taking a Formal Position Opposing SB 174 (Lara) Public Employment: Eligibility It is recommended that the City Council discuss whether or not to take a formal position opposing Senate Bill (SB) 174 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 COUNCILM EMBER JAMES TOMA 24) Request from Councilmember James Toma for City Council to Discuss Taking a Formal Position Supporting AB 2538 (Rubio) Municipal Separate Storm Sewer Systems: Financial Capability Analysis: Pilot Project It is recommended that the City Council discuss whether or not to take a formal position supporting Assembly Bill (AB) 2538 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 10 Agenda material is available at www.tvestcovina.org Tuesday May 15, 2018 COUNCILMEMBER COREY WARSHAW 25) Request from Councilmember Corey Warshaw for City Council to Consider Directing Staff to Research Putting a Tax Measure on a Future Ballot It is recommended that the City Council discuss whether or not to direct staff to research putting a tax measure on a future ballot. Motion by second by to COUNCILMAN TONY WU 26) 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 CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Special Meeting 05/29/2018 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 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 couneilmember 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 11 Agenda material is available at www.westcovina.org Tuesday May 15, 2018 contrary to such oath states as true any material matter which he knows to be false may be held to answer criminally and subject to the penalty prescribed for perjury by the provisions of the Penal Code of the state. Sec. 2-50. Decorum—Required. (a) While the council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or disrupt the proceedings or the peace of the council nor interrupt any member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided. (b) Members of the public shall not willfully disrupt the meeting or act in a manner that actually impairs the orderly conduct of the meeting. For the purposes of this code, "willfully disrupt" includes, but is not limited to, continuing to do any of the following after being warned by the Mayor that continuing to do so will be a violation of the law: a. Addressing the Mayor and City Council without first being recognized. b. Persisting in addressing a subject or subjects, other than that before the Mayor and City Council. c. Repetitiously addressing the same subject. d. Failing to relinquish the podium when directed to do so. e. From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a council member, or a staff member or shouting or attempting to shout over a speaker, the Mayor, a council member or a staff member. As a speaker, interrupting or attempting to interrupt the Mayor, a council member, or a staff member, or shouting over or attempting to shout over the Mayor, a council member, or a staff member. Nothing in this section or any rules of the council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City or of the acts or omissions of the City Council. It shall be unlawful to violate the provisions of this Section. If any subsection, sentence, clause, or phrase or word of this Section 2-50 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The City 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. 1? Agenda material is available at www.westenvina.org