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01-21-2020 - Regular Session AgendaO WEST ON CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY JANUARY 21, 2020, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Tony Wu Mayor Pro Tem Letty Lopez-Viado Councilman Dario Castellanos Councilman Lloyd Johnson Councilmember Jessica C. Shewmaker 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. PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL (Per WCMC 248, 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 OFDECORUM Excerpts from the West Covina Municipal Code and Penal Code pertaining to the Rules of Decorum will be found at the end of agenda. AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY 777 TUESDAY JANUARY 21, 2020, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Jillian Lutes West Covina Hills Seventh -day Adventist Church PLEDGE OF ALLEGIANCE Led by Mayor Pro Tern Letty Lopez-Viado ROLL CALL REPORTING OUT FROM CLOSED SESSION PRESENTATIONS • Shop Local After School Program - Chinese American Association of West Covina donations to School Districts • The Kiwanis Club of West Covina - 2019 Pumpkin Run donation • San Gabriel Valley Economic Partnership - Bill Manis CEO 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. CITY MANAGER'S REPORT City Manager's report on current City projects. 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 CouncillCommunity Development Commission request specific items to be removed from the Consent Calendarfor separate discussion or action. APPROVAL OF MEETING MINUTES 1) DECEMBER 17, 2019 CITY COUNCIL/SUCCESSOR AGENCY REGULAR MEETING MINUTES DECEMBER 17, 2019 CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES JANUARY 7, 2019 CITY COUNCIL/SUCCESSOR AGENCY REGULAR MEETING MINUTES JANUARY 7, 2019 CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES It is recommended that the City Council approve the December 17, 2019 Regular Meeting Minutes, the December 17, 2019 Closed Session Meeting Minutes, the January 7, 2019 Regular Meeting Minutes and the January 7, 2019 Closed Session Meeting Minutes. INVESTMENT REPORT INVESTMENT REPORT FOR THE MONTH ENDED NOVEMBER 30, 2019. It is recommended that the City Council receive and file the Investment Report for the month ended November 30, 2019. COMMUNITY DEVELOPMENT INITIATION OF CODE AMENDMENT NO.20-01 FILM PERMIT STANDARDS It is recommended that the City Council consider initiating Code Amendment No. 20-01 to examine revisions to film permit standards, by adopting the following resolution: RESOLUTION NO.2020-05 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO.20-01 TO STUDY FILM PERMIT STANDARDS CONSIDERATION OF APPROVAL OF TRAFFIC COMMITTEE MINUTES AS WELL AS RECOMMENDATIONS FOR RED CURB INSTALLATION FROM THE DECEMBER 10, 2019 TRAFFIC COMMITTEE MEETING It is recommended that the City Council approve the Traffic Committee recommendations from the December 10, 2019 Traffic Committee Meeting for the following items: 1. Line of Sight Review at 2027 E. Garvey Avenue Request: A resident requested red curb on either side of their driveway to deter vehicles from encroaching and blocking access to their driveway. Review Standard • Curb marking recommendations are based on a combination of engineering judgment, the California Manual on Uniform Traffic Devices (CAMUTCD), and the California Vehicle Code (CVC). Based on engineering judgment, red curb is recommended. Recommendation: The Traffic Committee unanimously recommends to paint 4-feet of red curb on both sides of the driveway approach. Traffic Review of Vine Avenue between Valinda Avenue and Lark Ellen Avenue Request: A resident requested for an all -way stop control at the intersection of Pima Avenue and Vine Avenue as well as a review of speeding concerns along Vine Avenue between Valinda Avenue and Lark Ellen Avenue. Review Standard: • The placement of stop signs is dictated by engineering judgment and based on the guidelines found in the CAMUTCD and CVC. CAMUTCD Section 2B.07 describes applications, warrants, and placement of STOP signs (RI-1). Based on these guidelines the placement of an all -way stop control at the requested location was not warranted and did not meet the criteria for all -way stop installation. • Line of sight analysis was conducted at the requested intersection. Per AASHTO Table 3-1 (A Policy on Geometric Design of Highways and Streets) for a roadway with a posted speed of 35 MPH, the clear sight distance needed is 250 feet. Based on stopping sight distance triangle analysis completed on Pima Avenue and Vine Avenue, red curb is recommended to increase visibility. • Installation of larger dimensioned signage are recommended as treatments to increase the motorist's awareness and other driver conditions by highlighting various areas of the roadway. All sign dimensions should comply with the dimensions specified in the CAMUTCD Table 213-1 Regulatory Sign and Plaque Sizes. Posted speed signs and adjacent speed limit pavement legends are recommended to alert motorists of the speed limit Recommendation: The Traffic Committee unanimously recommends to (1) repaint all existing red curbs at the corners of the Pima Avenue and Vine Avenue intersection and paint an additional 5-feet of red curb for the northwest corner; and, (2) add W44p "Cross Traffic Does Not Stop" plaque for the northbound and southbound traffic under the existing stop signs; and, (3) install 30"x36" 35 MPH speed limit signs for eastbound and westbound travelers, midblock, approaching the intersection of Vine Avenue and Pima Avenue; and, (4) install 35" pavement legends for eastbound and westbound travelers adjacent to the new speed limit signs; and, (5) work with West Covina Police Department to do random spot speed enforcement. 3. Red Curb at the Foothill Transit Bus Stop (Azusa Avenue and Cameron Avenue) Request: The Safety Compliance Coordinator for Foothill Transit requested for the City to review the curb markings at the bus stop located on the west side of Azusa Avenue south of Cameron Avenue due to vehicles parking too close to the bus stop making it difficult for buses to enter or exit the stop as well as for passengers to enter or exit the bus. All other bus stops located at the subject intersection have existing red curb. Review Standard: • Curb marking recommendations are based on a combination of engineering judgment, the California Manual on Uniform Traffic Devices (CAMUTCD), and the California Vehicle Code (CVC). Based on engineering judgment and conditions of the other bus stop locations, red curb is recommended. Recommendation: The Traffic Committee unanimously recommends to Paint 120-feet of red curb on the west side of S. Azusa Avenue south of E. Cameron Avenue in front of the bus stop. CONSIDERATION OF ADOPTION OF RESOLUTIONS REQUESTING TO ACCEPT TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS (MISCELLANEOUS TRANSFER DRAINS NO. 928, 954, AND 962) It is recommended that the City Council adopt the following resolutions on a 4/5ths vote per the County of Los Angeles direction: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT, ON BEHALF OF SAID DISTRICT, THE TRANSFER AND CONVEYANCE OF THE STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO.928 IN THE CITY OF WEST COVINA FOR OPERATION, MAINTENANCE, REPAIR, AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF -RESOLUTION NO. 2020-02 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT, ON BEHALF OF SAID DISTRICT, THE TRANSFER AND CONVEYANCE OF THE STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO.954 IN THE CITY OF WEST COVINA FOR OPERATION, MAINTENANCE, REPAIR, AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF -RESOLUTION NO. 2020-03 RESOLUTION NO.2020-04 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT, ON BEHALF OF SAID DISTRICT, THE TRANSFER AND CONVEYANCE OF THE STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO.962 IN THE CITY OF WEST COVINA FOR OPERATION, MAINTENANCE, REPAIR, AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF 6) CONSIDERATION OF AN ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE "ROPS" PURSUANT TO HEALTH AND SAFETY CODE SECTION 34179.7(0)(1) FOR THE PERIOD OF JULY 1, 2020 THROUGH JUNE 30, 2021 FOR THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY It is recommended that the City Council, acting as the Successor Agency to the former West Covina Redevelopment Agency, adopt the following resolution: RESOLUTION NO.2020-06 — A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE TRANSMITTAL OF AN ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE `BOPS" FOR THE PERIOD OF JULY 1, 2020 THROUGH JUNE 30, 2021 HUMAN RESOURCES/RISK MANAGEMENT 7) CONSIDERATION OF GOVERNMENT TORT CLAIMS It is recommended that the City Council deny the following Government Tort Claims and the claimants to be notified: 1. Sharon Chapman vs. City of West Covina 8) CONSIDERATION OF ENGAGEMENT OF LARSON O'BRIEN LLP IN CONNECTION WITH RICHARD MARTIN FRANCO, JR. AND YVONNE FRANCO V. CITY OF WEST COVINA MATTER It is recommended that the City Council authorize the City Manager to negotiate and execute any documents necessary to provide for the continued engagement of Larson O'Brien LLP to provide legal counsel to the City in connection with the Richard Martin Franco, Jr. and Yvonne Franco v. City of West Covina matter. END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 9) PUBLIC HEARING TO CONSIDER CODE AMENDMENT NO. 19-02 REGARDING SINGLE FAMILY STANDARDS FOR ACCESSORY HABITABLE QUARTERS, AND VEHICLE BACKUPSPACE The Planning Commission recommends that the City Council consider a Zoning Code Amendment as follows: ORDINANCE NO.2469 - AN ORDINANCE TO AMEND ZONING REGULATIONS APPLICABLE TO SINGLE FAMILY AND RESIDENTIAL AGRICULTURAL ZONES REGARDING ACCESSORY HABITABLE QUARTERS (FORMERLY KNOWN AS GUEST HOUSES) AND VEHICULAR BACKUP SPACE DEPARTMENTAL REGULAR MATTERS CITY MANAGER'S OFFICE 10) CONSIDERATION OF LEGISLATIVE MATTERS - SENATE BILL (SB) 50 (WEINER) PLANNING AND ZONING: HOUSING DEVELOPMENT: STREAMLINED APPROVAL: INCENTIVES AND SB 266 (LEYVA) - PUBLIC EMPLOYEES' RETIREMENT SYSTEM: DISALLOWED COMPENSATION; BENEFIT ADJUSTMENTS That the City Council authorize the Mayor to sign letters of opposition to SB 50 and SB 266. POLICE DEPARTMENT 11) FOURTH OF JULY ENFORCEMENT It is recommended that the City Council approve the 4th of July enforcement and deployment plan. MAYOR/COUNCILMEMBERS REPORTS AB 1234 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) 12) CONSIDERATION OF REQUEST FROM MAYOR PRO TEM LETTY LOPEZ-VIADO REGARDING A CITY SPONSORED 4TH OF JULY PATRIOTIC EVENT. It is recommended that the City Council provide direction to staff for a 4th of July Patriotic Event. 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/Successor Agency agenda as items of business and must be approved by a majority of the City Council/Successor Agency Board.) CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting February 4, 2020 7:00 PM RULES OF DECORUM The following are excerpts from the West Covina Municipal Code: Sec. 248. 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 disrapP' 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. See. 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.