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08-02-2018 - SpecialCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY/ HOUSING AUTHORITY/PUBLIC FINANCE AUTHORITY THURSDAY AUGUST 02, 2018, 7:00 PM SPECIAL MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Lloyd Johnson Mayor Pro Tern Tony Wu Councilman Mike Spence Councilmember James Toma Councilmember Corey Warshaw 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 1W4TERL4L 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 'vim. ivestcovin a. 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. I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF / 2- /ISMS POSTED IN ACCORDANcE WITH THE 01/87 BROWN ACT AMENDMENT 7jTOFFICE OF THE a CLERK Thursday August 02, 2018 PUBLIC COMIVIENTS ADDRESSING THE CITY COUNCIL (Per ITCMC 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 Thursday August 02, 2018 AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY/ HOUSING AUTHORITY/PUBLIC FINANCE AUTHORITY THURSDAY AUGUST 02, 2018, 7:00 PM SPECIAL MEETING CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS ON ITEMS ON THE AGENDA CONSENT CALENDAR ITEMS 1) Code Amendment No. 18-03 Initiation to Study Parking Standards for the Downtown Plan and Code It is recommended that the City Council initiate Code Amendment No. 18-03 to study parking standards for the Downtown Plan and Code, by adopting the following resolution: RESOLUTION NO. 2018-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 18-03 TO STUDY PARKING STANDARDS FOR THE DOWNTOWN PLAN AND CODE 2) Extension of Azteca Landscape Contract for Landscape Maintenance of District No.'s 1, 2 and 4, and Coastal Sage and Scrub Community Facility District It is recommended that the City Council authorize the City Manager to execute a month- to-month contract extension with Azteca Landscape for Maintenance District numbers 1, 2 and 4 and the Coastal Sage and Scrub Community Facilities District (CSS) effective July 1, 2018 at the current monthly rate of $32,106.94 not to exceed six months. 3 Agenda material is available at www.westeovina.arg Thursday August 02, 2018 3) Acceptance of Public Improvements for Cameron Avenue Pavement Rehabilitation Project (Federal Project No. STPL-5259 (028)/City Project No. SP-17003) It is recommended that the City Council take the following actions: 1) Accept the Cameron Avenue Pavement Rehabilitation Project - Federal Project No. STPL-5259 (028)/City Project No. SP-17003; 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. ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented except: ROLL CALL: Spence, Toma, Warshaw, Wu, Johnson DEPARTMENTAL MATTERS 4) Adoption of the City of West Covina Fiscal Year 2018-19 Annual Operating and Capital Improvement Program Budget It is recommended that the City Council take the following actions: 1) Approve the Fiscal Year 2018-19 Proposed Operating and Capital Improvement Program Budget by adopting the following resolution: RESOLUTION NO. 2018-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE OPERATING BUDGET FOR THE CITY OF WEST COVINA, WEST COVINA PUBLIC FINANCE AUTHORITY, WEST COVINA HOUSING AUTHORITY, THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY AND TFIE CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2018-19 2) Adopt the additional budget related recommendations presented by staff, as summarized on Page 10 of the Staff Report Motion by adopt second by disapprove hold over 4 Agenda material is available at www.westcovina.org Thursday August 02, 2018 5) Annual Appropriations Limit for Fiscal Year 2018-19 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2019 Motion by second by adopt disapprove hold over 6) Reconsideration to Implement the City's Last, Best and Final Offer to the West Covina Firefighters Association It is recommended that the City Council take the followineactions: 1) Determine whether to reconsider implementation of City's Last, Best and Final Offer; and 2) Implement the City's Last, Best and Final Offer to the West Covina Firefighters Association by adoption of the following resolution: RESOLUTION NO. 2018-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, IMPLEMENTING ITS LAST, BEST AND FINAL OFFER REGARDING STAFFING FOR THE WEST COVINA FIRE DEPARTMENT PURSUANT TO GOVERNMENT CODE SECTIONS 3505.4,3505.5 AND 3505.7 Motion by adopt second by disapprove hold over Public Safety Special Tax Measure for the November 2018 Ballot It is recommended that the City Council provide direction on the placement of a special tax on the November 2018 ballot. Motion by second by to 5 Agenda material is available at www.westcovina.org Thursday August 02, 2018 8) Argument in Favor of Ballot Measures on Changing the Office of the City Treasurer and the Office of the City Clerk from Elected Positions to have them Appointed by the City Manager and Potential Rebuttal Arguments It is recommended that the City Council take the following actions: 1) Consider and discuss a proposed argument in favor of the Ballot Measure to change the position of the City Treasurer from an elected official to a position that would be appointed by the City Manager based upon professional qualifications; 2) Consider and discuss preparation and submission of a rebuttal to any primary argument against the Ballot Measure, to change the position of the City Treasurer from an elected offiCial to a position that would be appointed by the City Manager based upon professional qualifications, which may be timely submitted; 3) Consider and discuss a proposed argument in favor of the Ballot Measure to change the position of the City Clerk from an elected official to a position that would be appointed by the City Manager based upon professional qualifications; and 4) Consider and discuss preparation and submission of a rebuttal to any primary argument against the Ballot Measure to change the position of the City Clerk from an elected official to a position that would be appointed by the City Manager based upon professional qualifications, which may be timely submitted. Motion by second by to ADJOURNMENT 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. (1:1) 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 couneilmeinber 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 6 Agenda material is available at www.westcovina.org Thursday August 02, 2018 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. e. 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 he 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. 7 Agenda material is available at www.westcavina.org