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10-02-2018 - RegularAMENDED Addition of 2 more cases (Freeman & Jackson) under "CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION." CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY OCTOBER 02, 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 I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING °Fro /I (SIVAS POSTED IN ACCORDANCE WITH THE 01/87 BROWN ACT AMENDMENT re- V4--, OFFICE OF THE ITY CLERK Tuesday October 02, 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 — EXISTING LITIGATION Pursuant to GovernmentCode ,§ 54956.9(d)(1) Bryan Chalais v. City of West Covina (Case No.'s ADJ10389318, ADJ10389343, ADJ10607033, ADJ10758764) Freeman, et al. vs. City of West Covina (U.S. District Court Case No. 2:17-ev-03738) Jackson, etal. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF-MRW) CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(2) 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.rvestcovina.org CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY OCTOBER 02, 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 Tonia Couneihnember Corey Warshaw 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.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 OF Cl 24 NNAS POSTED IN ACCORDANCE IMMITHE 01/87 BROWN ACT AMENDMENT Tuesday October 02, 2018 PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL (Per WCAIC 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 ;vww.westcovina.org Tuesday October 02, 2018 AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY OCTOBER 02, 2018, 7:00 PM REGULAR MEETING INVOCATION Led by Community Relations Pastor at Faith Community Church & West Covina Police Chaplain Kelly Dupee PLEDGE OF ALLEGIANCE Led by Councilman Mike Spence ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Presentation of American Cancer Society Relay for Life Certificates Recognition of the 2018 Lab World of Dance Champions Proclamation proclaiming October 5, 2018 as Manufacturing Day Proclamation proclaiming October 7-13, 2018 as National Fire Prevention Week 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 )vivw.westeovina.org Tuesday October 02, 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) August 21, 2018 Regular City Council/Successor Agency Closed Session Meeting Minutes August 21, 2018 Regular City Council/Successor Agency/Housing Authority/Public Financing Authority Meeting Minutes September 11, 2018 Special City Council/Successor Agency Closed Session Meeting Minutes COMMISSION SUMMARY OF ACTIONS (receive & file) 2) July 10, 2018 Community and Senior Services Commission Meeting Minutes 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: Eileen Aquino vs. The City of West Covina Christian Moreno vs. The City of West Covina CITY MANAGER'S OFFICE 4) Reorganization of Community Services, Planning, Public Works, and Economic Development into New City Departments It is recommended that the City Council take the following actions: 1) Adopt the following resolution approving six (6) new Class Specifications and eliminating several others: RESOLUTION NO. 2018-124 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CREATING THE CLASS SPECIFICATION AND SALARY RANGE OF COMMUNITY DEVELOPMENT DIRECTOR, PLANNING MANAGER, PUBLIC SERVICES SUPERINTENDENT, MAINTENANCE SERVICES SUPERVISOR, PUBLIC SERVICES MANAGER, AND SENIOR ACCOUNTANT, AND ELIMINATING UNNECESSARY CLASS SPECIFICATIONS; and 4 Agenda material is available at www.,vestenvina.org Tuesday October 02, 2018 2) Approve the various reclassifications as presented in the staff report. COMMUNITY SERVICES DEPARTMENT 5) Cortez Park Community & Senior Center Kitchen Project It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-118 - 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 (Senior Center Kitchen) HUMAN RESOURCES 6) Award of Contract to Carl Warren & Company for Third-Party General Liability Claims Administration Support Services It is recommended that the City Council authorize the City Manager to execute a three- year professional services agreement with two (2) one-year renewal options with Carl Warren & Company to provide third-party claims administration support services for the City's General Liability Claims Program. PLANNING DEPARTMENT 7) Courtesy Notification Standards for Code Amendment 18-04 (Alcohol Sales at Services Stations) It is recommended that the City Council instruct staff to complete the courtesy noticing as identified in the staff report. PUBLIC WORKS 8) Acceptance of Public Improvements for Structured Cabling Systems (Project No. BP-1 7034) It is recommended that the City Council take the following actions: 1) Accept the Structured Cabling Systems Project as complete - Project No. BP-17034; and 2) Authorize recordation of Notice of Completion with the Los Angeles County Recorder; and 3) Authorize the release of retention finds 35 days after recordation of the Notice of Completion. 5 Agenda material is available at www.;vestcovina.org Tuesday October 02, 2018 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 HEARINGS PUBLIC HEARINGS 9) Appeal of Precise Plan No. 15-07, Tentative Parcel Map No. 73652, Variance No. 15- 18, and Mitigated Negative Declaration of Environmental Impact to Subdivide an Existing 0.62-Acre Multi-Family Residentially Zoned Parcel to Facilitate the Construction of Seven (7) Condominiums a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2018-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND MITIGATION MONITORING AND REPORTING PROGRAM FOR PRECISE PLAN NO. 15-07, TENTATIVE TRACT MAP NO. 73652 AND VARIANCE NO. 15-18 ON APPEAL OF PLANNING COMMISSION ACTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED RESOLUTION NO. 2018-120 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING PRECISE PLAN NO. 15-07 ON APPEAL OF PLANNING COMMISSION ACTION RESOLUTION NO. 2018-121 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE TRACT MAP NO. 73652 ON APPEAL OF PLANNING COMMISSION ACTION 6 Agenda material is available at www.westeovina.org Tuesday October 02, 2018 RESOLUTION NO. 2018-122 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING VARIANCE NO. 15-18 ON APPEAL OF PLANNING COMMISSION ACTION Motion by adopt second by disapprove hold over DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 10) Mayoral Rotation Ordinance Revision It is recommended that the City Council introduce and waive further reading of the following ordinance related to the Mayoral rotation: ORDINANCE NO. 2446 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 2-21 OF ARTICLE II OF CHAPTER 2 OF THE WEST COVINA MUNICIPAL CODE RELATED TO THE MAYOR SELECTION PROCESS Motion by second by introduce disapprove hold over ROLL CALL: Spence, Toma, Warshaw, Wu, Johnson FINANCE DEPARTMENT 11) Establishment of New Fees and Changes to Existing Fees and Fines It is recommended that the City Council take the following actions: 1) Hold a Public Hearing regarding the establishment of new fees and changes to existing fees and fines; and 2) Adopt the following resolution: RESOLUTION NO. 2018-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A NEW FEE SCHEDULE THAT ESTABLISHES NEW FEES AND CHANGES TO EXISTING FEES AND FINES Motion by adopt second by disapprove hold over 7 Agenda material is available at '1viv. vestcavina.org Tuesday October 02, 2018 FIRE DEPARTMENT 12) Agreement with Fire Recovery USA, LLC for Emergency Incident Billing and Inspection Billing Services It is recommended that the City Council, in accordance with Municipal Code Chapter 2, Article VU. Division 2, Sec. 2-330(b), which states that bidding may be dispensed with when the commodity can be obtained from only one vendor, authorize the City Manager to execute the agreement with Fire Recovery USA, LLC, for emergency incident billing and inspection billing services for an initial term of three years with the option to renew for two additional one-year periods for a maximum of five years. Motion by to second by MAYOR/COUNCILMEMBERS REPORTS COUNCILMAN MIKE SPENCE 13) Street Naming Policy It is recommended that the City Council review the proposed alternatives and provide direction. Motion by second by to COUNCILMEMBER JAMES TOMA 14) Homeless Education & Solutions for Business/Commercial Property Owners It is recommended that the City Council provide staff direction as outlined in the staff report. Motion by to second by AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense) 8 Agenda material is available at wwiv.westeovina.org Tuesday October 02, 2018 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 15) Request from Councilman Mike Spence Requesting the City Council's Consideration to take a Position on Proposition 10 (Affordable Housing Act) It is recommended that the City Council direct staff accordingly. Motion by second by to 16) Request from Councilman Mike Spence Requesting the City Council's Consideration to Review New Law on Sidewalk Vending It is recommended that the City Council direct staff to review the City's regulations on sidewalk vendors to make sure it complies with the new State Law. Motion by second by to CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Closed Session 10/02/2018 6:00 PM Regular Meeting 10/02/2018 7:00 PM RULES OF DECORUM The following are excerpts from the West Covina Municipal Code: Sec. 2-48. Manner of addressing council; lime 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. 9 Agenda material is available at iovw.lvestouvina.org Tuesday October 02, 2018 (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 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. 10 Agenda material is available at WWW.Ivestcovina.org