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10-16-2018 - RegularCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY OCTOBER 16, 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 ME MEETING OFIO No I rWAS POSTED IN ACCORDANC WITH THE 01/87 BROWN ACT AMENDMENT Tuesday October 16, 2018 CLOSED SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code 54956.8 Property: APN's: 8735-002-906, 8735-002-909, 8735-002-910, 8735-002-018 Agency Negotiator: Freeland, Bresciani, Morales, Hall Barlow Negotiating Parties: Singpoli, LLC Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 54956.9(d)(1) Freeman, etal. vs. City of West Covina (U.S. District Court Case No. 2:17-cv-03738) Jackson, et al. vs. City of West Covina (U.S. District Court Case No. CV-8963-MWF-MRW) 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, 1.A.F.F., Local 3226 Unrepresented Employee Group - Department Heads ADJOURNMENT 2 Agenda material is available at ivIviv.westcovina.org CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY/ COMMUNITY SERVICES FOUNDATION TUESDAY OCTOBER 16,2018, 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 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). lf 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 MATERML 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. OFFICE OF "Mg CITY CLERK I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OFIO 114/JR-WAS POSTED IN ACCORDANcE WIIFITHE 01/87 BROWN ACT AMENDMENT Tuesday October 16, 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 itent 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 October 16, 2018 AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY/ COMMUNITY SERVICES FOUNDATION TUESDAY OCTOBER 16, 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 Presentation by 85°C Bakery Cafe to After School Program Recognition of Fire Prevention Contest Winners 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.ivesteovhta.org Tuesday October 16, 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. CLAIMS AGAINST THE CITY 1) Government Tort Claim Denials It is recommended that the City Council deny the following Government Tort Claims and the claimants be notified: Brian Harris vs. The City of West Covina Todd Wiegand vs. The City of West Covina INVESTMENT REPORT (receive & file) 2) City Investment Report for the Month Ended August 31, 2018 It is recommended that the City Council receive and file the Investment Report for the month ended August 31, 2018. 3) Successor Agency Investment Report for the Month Ended August 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 August 31, 2018. CITY ATTORNEY'S OFFICE 4) Second Amendment to The Retainer Agreement for City Attorney Services It is recommended that the City Council authorize the City Manager to execute the Second Amendment to the Retainer Agreement for City Attorney Services between the City of West Covina and the law firm of Jones & Mayer, appointing Scott Porter City Attorney, and Carmen Vasquez and Ivy Tsai as Assistant City Attorneys. CITY MANAGER'S OFFICE 5) Option Agreement Revision Regarding Additional Advance from Covina Valley Health Partners, Inc. It is recommended that the City Council approve an Amendment to Option Agreement with Citrus Valley Health Partners (CVHP) for purchase of Sunset Field to obtain an additional loan/advance in the amount of $500,000 to fund purchases made to expand the City's parkland. 4 Agenda material is available at www.westcovina.org Tuesday October 16, 2018 COMMUNITY & ECONOMIC DEVELOPMENT 6) Successor Agency to the City of West Covina Redevelopment Agency Renewal of Professional Services Agreement with Rincon Environmental, LLC It is recommended that the City Council, acting as the Successor Agency to the former West Covina Redevelopment Agency, authorize the Executive Director to execute the 2nd one-year renewal and any subsequent renewals to, and as provided in, the Professional Services Agreement (Agreement) with Rincon Environmental, LLC (Rincon) in the amount not-to-exceed $30.000 annually to provide regulatory compliance services for the Successor Agency properties located at the BKK Landfill. COMMUNITY SERVICES DEPARTMENT 7) Homeless Emergency Aid Program (HEAP) Funding It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2018-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING A SHELTER CRISIS PURSUANT TO SB 850 (CHAPTER 48, STATUTES OF 2018 AND GOVERNMENT CODE SECTION 8698.2) 8) Lyft Partnership It is recommended that the City Council take the following actions: 1) Authorize the City Attorney to finalize details of an agreement with Lyft, Inc. to offer a pilot program for Dial-A-Ride participants; and 2) Authorize the City Manager to execute an agreement with Lyft, Inc. in an amount not to exceed $50,000 for a six-month pilot program; and 3) Adopt the following resolution: RESOLUTION NO. 2018-125 - 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 (Lyft) FIRE DEPARTMENT 9) Approve and Adopt the Joint Powers Agreement and Resolution for the Los Angeles Area Regional Training Group It is recommended that the City Council take the following actions: I) Approve the Los Angeles Area Regional Training Group (RTG) Joint Powers 5 Agenda material is available at www.westcovimt.org Tuesday October 16, 2018 Agreement (JPA); and 2) Authorize the City Manager, or his designee, to execute the JPA agreement and to take such reasonable actions as may be required to implement the intent of the program; and 3) Adopt the following resolution: RESOLUTION NO. 2018-128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE LOS ANGELES AREA REGIONAL TRAINING GROUP (RTG) JOINT POWERS AGREEMENT; AUTHORIZING THE CITY'S MEMBERSHIP IN THE LOS ANGELES AREA REGIONAL TRAINING GROUP AUTHORITY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE JPA AGREEMENT 10) Agreement with Fire Recovery USA, LLC for Emergency Incident Billing 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 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; and 2) Authorize the City Manager, or his designee, to execute the two (2) optional, one-year renewal terms following the initial 36-month term with Fire Recovery USA, LLC. POLICE DEPARTMENT 11) Fiscal Year 2018-19 Supplemental Law Enforcement Services Account (SLESA) Funds It is recommended that the City Council take the following actions: 1) Appropriate expenditures from the Fiscal Year (FY) 2018-19 Supplemental Law Enforcement Services Account (SLESA) funds, totaling an estimated $164,514, for frontline law enforcement items detailed in the attached budget amendment; and 2) Adopt the attached resolution authorizing the necessary budget amendment: RESOLUTION NO, 2018-130 - 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 (2018-19 SLESA); and 3) Authorize the transfer of any remaining balance of previously appropriated SLESA funds between accounts for personnel, supplies, and equipment in order to expedite expenditures that must be completed by the end of this fiscal year. 6 Agenda material is available at www.westcovina.org Tuesday October 16, 2018 PUBLIC WORKS 12) Acceptance of Public Improvements for the Installation of Electric Vehicle Charging Stations - (Project No. BP-17002) It is recommended that the City Council take the following actions: 1) Accept the installation of Electric Vehicle Charging Stations Project as complete - Project No. BP-17002; and 2) Approve additional $7,540.36 in contingencies, 18.16% of the construction contract cost; and 3) Authorize recordation of Notice of Completion with the Los Angeles County Recorder; and 4) 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 END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 13) Public Hearing - Proposition 218 Protest Ballot 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) Adopt the following rate increases: Commercial Organics Recycling Program: Effective October 1,2018 9.17% increase in rates Effective July 1, 2019 CP1 1 + 9.17% increase in rates Residential Organics Recycling Program: 7 Agenda material is available at toviv.ivesteovina.org Tuesday October 16, 2018 o Effective January 1, 2020 7.93% increase in rates 2) Authorize the City Manager to execute the 11 th Amendment to the Athens Services Agreement. Motion by to second by DEPARTMENTAL REGULAR MATTERS CITY MANAGER'S OFFICE 14) Nomination to San Gabriel Basin Water Quality Authority Board Member Representing Cities without Prescriptive Pumping Rights It is recommended that the City Council adopt the following resolution to nominate a West Covina City Councilmember from West Covina or another city without prescriptive pumping rights to serve on the San Gabriel Basin Water Quality Authority Board: RESOLUTION NO. 2018-129 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, NOMINATING COUNCILMEMBER OF THE CITY OF TO REPRESENT CITIES WITHOUT PRESCRIPTIVE WATER PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY Motion by adopt second by disapprove hold over COMMUNITY SERVICES DEPARTMENT 15) Animal Control Contract It is recommended that the City Council take the following actions: 1) Authorize staff to notify Los Angeles County Department of Animal Care and Control of the City's intent to terminate the contract for animal care and control services effective June 30, 2019; and 2) Authorize the City Manager to execute a two-year agreement, approved by the City Attorney, with Inland Valley Humane Society and S.P.C.A. ([VHS), effective July 1, 2019, in an amount not to exceed $1,790,000, plus Consumer Price Index (CPI) annually, with the option for the City Manager to renew for two (2) additional two-year contracts; and 3) Instruct staff to review Title 10 and bring back an ordinance to a future City Council Meeting delegating authority to IVHS for enforcement of applicable local and State laws relating to animals, effective July 1, 2019; and 8 Agenda material is available at www.ivesteovina.org Tuesday October 16, 2018 3) Adopt the following resolution: RESOLUTION NO. 2018-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE GETTING TO ZERO PARTNERSHIP WITH INLAND VALLEY HUMANE SOCIETY & S.P.C.A. Motion by adopt second by disapprove hold over 16) West Covina Community Services Foundation Fiscal Year 2017-18 Annual Report It is recommended that the City Council acting as the West Covina Community Services Foundation Board of Directors provide staff direction regarding use of current fund balances in the West Covina Community Services Foundation. Motion by second by to MAYOR/COUNCILMEMBERS REPORTS MAYOR PRO TEM TONY WU 17) Request from Mayor Pro Tern Tony Wu For City Council to Discuss Establishing a Sister-City Relationship with Harbin, China It is recommended that the City Council discuss establishing a sister-city relationship with Harbin, China and provide direction accordingly. Motion by second by to 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.) CITY COUNCIL COMMENTS ADJOURNMENT 9 Agenda material is available at wwwovestcovina.org Tuesday October 16, 2018 Next Tentative City Council Meeting Closed Session 11/20/2018 6:00 PM Regular Meeting 11/20/2018 7:00 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 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. 10 Agenda material is available at www.westcovina.org Tuesday October 16, 2018 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. 11 Agenda material is available at wivw.tvestcovina.org