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08-21-2018 - RegularCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY AUGUST 21, 2018, 6:00 PM REGULAR MEETING - CLOSED SESSION CITY MANAGER'S CONFERENCE ROOM 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 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 CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR HE MEETING OF. /2.1I WAS POSTED IN 7,CORDANCI MTH THE 01/87 BROWN ACT AMENDMENT 121. S OFFICE OF NE C Tuesday August 21, 2018 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code 54956.8 Property: APN's: 8474-011-942 & 943 (Lakes Parking Structures) Agency Negotiator: Freeland, Bresciani, Morales, Hall Barlow Negotiating Parties: CIP 2014-SG Covina Owner, LLC 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) PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code 54957 Title: City Manager 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.westcnvina.org CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY/ • HOUSING AUTHORITY/PUBLIC FINANCING AUTHORITY TUESDAY AUGUST 21, 2018, 7:00 PM REGULAR 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 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 on which the City Council serves as members. Agendas may contain items for these 1 CERTIFY 11-1AT A COPY OF 11-1E COUNCIL AGENDA FOR THE MEETiNG 111%- WAS POSTED IN ACCORDAKE WITH -MENU BROWN ACT AMENDMENT Foundation are agencies boards, as necessary. Tuesday August 21, 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.westcovina.org Tuesday August 21, 2018 AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY/ HOUSING AUTHORITY/PUBLIC FINANCING AUTHORITY TUESDAY AUGUST 21, 2018, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor at Christ's Church of the Valley & West Covina Police Chaplain Dane Johnson PLEDGE OF ALLEGIANCE Led by Councilmember James Toma ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Recognition of West Covina Police Officer David Reyes 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 August 21, 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) 1) -July 2, 2018 Special Closed Session Meeting Minutes -July 2, 2018 Special City Council/Successor Agency/Public Finance Authority Fiscal Year 2018-2019 3rd Preliminary Budget Workshop Meeting Minutes -July 3, 2018 Regular Closed Session Meeting Minutes -July 3, 2018 Regular City Council/Successor Agency Meeting Minutes -July 12, 2018 Special Closed Session Meeting Minutes -July 12, 2018 Special City Council/Successor Agency/Public Finance Authority Fiscal Year 2018-2019 4th Preliminary Budget Workshop Meeting Minutes -July 17, 2018 Regular Closed Session Meeting Minutes -July 17, 2018 Regular City Council/Successor Agency Meeting Minutes COMMISSION SUMMARY OF ACTIONS (receive & file) 2) May 8, 2018 Community and Senior Services Commission Meeting Summary of Actions CLAIMS AGAINST THE CITY 3) Government Tort Claim Denials It is recommended that the City Council deny the following Government Tort Claims and the claimants be notified: • Jose Coreas vs. The City of West Covina • Pacific Gateway Transportation, Inc. Retirement Plan Trust vs. The City of West Covina • Nancy Strauss vs. The City of West Covina ORDINANCES FOR ADOPTION 4) Code Amendment No. 17-02 Downtown Plan and Code General Exemption It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2443 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE DOWNTOWN PLAN AND CODE 4 Agenda material is available at www.westcovina.org Tuesday August 21, 2018 TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 5) July 18, 2018 Traffic Committee Meeting Minutes INVESTMENT REPORT (receive & file) 6) City Investment Report for the Month Ended June 30, 2018 It is recommended that the City Council receive and file the Investment Report for the month ended June 30, 2018. 7) Successor Agency Investment Report for the Month Ended June 30, 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 June 30, 2018. CITY ATTORNEY'S OFFICE 8) Amendment of Joint Exercise of Powers Agreement Relating to the West Covina Public Financing Authority & Authorization to Move Forward with City Bond Debt Refinancing and Bond Team It is recommended that the City Council take the following actions: 1) Adopt the following resolution: RESOLUTION NO. 2018-111 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 2) Authorize City staff to move forward with the financing of City Bond Debt and the Bond Team as presented in the staff report. It is recommended that the Housing Authority Board of Directors take the following action: 1) Adopt the following resolution: RESOLUTION NO. 2018-112 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE WEST COVINA HOUSING AUTHORITY AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH 5 Agenda material is available at www.westcovina.org Tuesday August 21, 2018 It is recommended that the City Council, acting as the Successor Agency to the West Covina Redevelopment Agency, take the following action: 1) Adopt the following resolution: RESOLUTION NO. 2018-113 - A RESOLUTION OF THE CITY COUNCIL OF WEST COVINA, CALIFORNIA, ACTING AS THE SUCCESOOR AGENCY TO THE WEST COVINA REDEVELOPMENT AGENCY, AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDMENT TO A JOINT EXERCISE OF POWERS AGREEMENT AND TAKING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH CITY MANAGER'S OFFICE 9) Updated Job Classification Specification and Salary Range for Building Official and Deputy Building Official It is recommended that the City Council adopt the following resolution to revise the job classification specification for Building Official and correct the salary ranges for both the Building Official and Deputy Building Official: RESOLUTION NO. 2018-100 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CLASS SPECIFICATION OF BUILDING OFFICIAL AND ADJUSTING THE SALARY RANGES FOR THE BUILDING OFFICIAL AND DEPUTY BUILDING OFFICIAL 10) Appointment of City Commissioner It is recommended that the City Council receive and file the informational report. FINANCE DEPARTMENT 11) Adoption of Budget Policy It is recommended that the City Council approve the Budget Policy. 12) Adoption of Revised Debt Management Policy It is recommended that the City Council approve the revised Debt Management Policy. HUMAN RESOURCES 13) Approving the Salary and Benefit Schedule for Non-Represented Department Heads It is recommended that the City Council adopt the following resolution: 6 Agenda material is available at www.westcovina.org Tuesday August 21, 2018 RESOLUTION NO. 2018-98 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE SALARY AND BENEFIT SCHEDULE FOR NON-REPRESENTED DEPARTMENT HEADS FOR THE PERIOD OF JULY 1,2017 THROUGH JUNE 30, 2019 POLICE DEPARTMENT 14) Recommended Responses to the Annual Los Angeles County Civil Grand Jury Report 2017-2018 It is recommended that the City Council authorize the City Manager to respond to the Presiding Judge of the Superior Court concerning recommendations made by the 20 17- 2018 Los Angeles County Civil Grand Jury. 15) 2018 Justice Assistance Grant from U.S. Department of Justice It is recommended that the City Council take the following actions: 1) Approve the 2018 Justice Assistance Grant application, totaling $18,765, and authorize the Mayor and City Manager (or his designee) to execute all grant related documents; and 2) Adopt the following resolution authorizing the necessary budget amendments: RESOLUTION NO. 2018-102 - A RESOLUTION OF THE crry COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2018, AND ENDING JUNE 30, 2019 (2018 BJA JAG GRANT) PUBLIC WORKS 16) Fiscal Year 2018-19 Budget Amendment for the Go Human Event It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2018, AND ENDING JUNE 30, 2019 (Go Human Event) 17) Fiscal Year 2018-19 Budget Amendment for the Active Transportation Cycle 4 Grant It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT 7 Agenda material is available at wtvw.westcovina.org Tuesday August 21, 2018 FOR THE FISCAL YEAR COMMENCING JULY 1, 2018, AND ENDING JUNE 30, 2019 (ATP Cycle 4 Grant) 18) Extension of Contract with RICA Consulting Group For 'As-Needed' Building Plan Check and Inspection Services It is recommended that the City Council authorize the City Manager to execute a contract amendment with RKA Consulting Group in the total amount not to exceed $225,000 (including not to exceed $75,000 annually) for three successive one-year extension terms to provide 'as-needed' building plan check and inspection services. 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 END OF CONSENT CALENDAR DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 19) Rebuttal Arguments Regarding Ballot Measures on Changing the Office of City Treasurer and the Office of the City Clerk from Elected Positions to have them Appointed by the City Manager It is recommended that the City Council consider and approve a rebuttal argument responding to any arguments against the 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, or, alternatively act to authorize in writing any other person or persons to prepare, submit, or sign the rebuttal arguments as provided in California Elections Code 9285. Motion by second by to 20) Mayor Selection Ordinance Update It is recommended that the City Council introduce and waive further reading of the following ordinance related to the Mayor selection process: ORDINANCE NO. 2444 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 8 Agenda material is available at www.westcovina.org Tuesday August 21, 2018 OF WEST COVINA, CALIFORNIA, AMENDING SECTION 2-21 OF ARTICLE II OF CHAPTER 2 OF THE WEST COVINA MUNICPAL CODE RELATED TO THE MAYOR SELECTION PROCESS Motion by second by introduce disapprove hold over ROLL CALL: Spence, Tama, Warshaw, Wu, Johnson 21) Initiate a Proposition 218 Hearing Process for Proposed Adjustments to Residential and Commercial Solid Waste Rates Due to State Mandated Organic Waste Recycling Laws It is recommended that the City Council take the following actions: 1) Direct staff to initiate a Proposition 218 Hearing Process for a solid waste rate increase for organics waste disposal to be held on October 16, 2018; and 2) Authorize the City Attorney to draft an 11th Amendment to the Athens Services' Agreement, with the deal points outlined in the staff report. Motion by second by to POLICE DEPARTMENT 22) Proposal to Amend and Extend the City's Towing Service Area Contracts It is recommended that the City Council provide Staff direction on the proposal to amend and extend the City's towing services contracts Motion by second by to MAYOR/COUNCILMEMBERS REPORTS COUNCILMAN MIKE SPENCE 23) Request from Councilman Mike Spence for City Council to Discuss Taking a Formal Position Supporting the Prop 6 Gas Tax Repeal Initiative It is recommended that the City Council discuss whether or not to take a formal position supporting the Prop 6 Gas Tax Repeal initiative and direct staff to send a letter to the campaign, as well as our local legislators, if a formal position is taken. Motion by to second by 9 Agenda material is available at www.westcovina.org Tuesday August 21, 2018 COUNCILME1VIBER JAMES TOMA 24) Request from Councilmember James Toma for City Council to Discuss Taking a Formal Position Opposing U.S. Senate Bill 3157 (Thune and Schatz) Streamlining Small Cell Deployment Act It is recommended that the City Council discuss whether or not to take a formal position opposing U.S. Senate Bill (S) 3157 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 AB1234 Conference and Meeting Report (verbal, jf any) (in accordance with ,4B 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 4f- 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.) COUNCILMAN MIKE SPENCE 25) Request from Councilman Mike Spence for City Council to Discuss Directing Staff to Return with a Policy/Program for Naming City Streets It is recommended that the City Council discuss whether or not to direct staff to return with a policy/program for naming city streets as a potential revenue generator for the City. Motion by second by to CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Closed Session 09/04/2018 6:00 PM Regular Meeting 09/04/2018 7:00 PM 10 Agenda material is available at www.westcovina.org Tuesday August 21, 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. 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.lvestcovina.org Tuesday August 21, 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 (S1,000), 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. 17 Agenda material is available at www.westcovina.org