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01-15-2019 - Regular Session AgendaCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY/ WEST COVINA COMMUNITY SERVICES FOUNDATION JANUARY 15, 2019, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Lloyd Johnson Mayor Pro Tem Tony Wu Councilman Dario Castellanos Councilwoman Letty Lopez-Viado 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 2-48, Ordinance No. 2150) y person wishing to address the City Council on any matter listed on the agenda or on any other matter within their isdiction should complete a speaker card that is provided at the entrance to the Council Chambers and submit the card to City Clerk. ve identify on the speaker card whether you are speaking on an agenda item or non -agenda. Requests to speak on agenda s will be heard prior to requests to speak on non -agenda items. All comments are limited to five (5) minutes per speaker. Communications may be limited to thirty (30) minutes, unless speakers addressing agenda items have not concluded. 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/ WEST COVINA COMMUNITY SERVICES FOUNDATION TUESDAY JANUARY 15, 2019, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Samuel Martinez from Amazing Love Ministries PLEDGE OF ALLEGIANCE Led by Mayor Pro Tern Tony Wu ROLL CALL REPORTING OUT FROM CLOSED SESSION I W 9Oki Blob Ky I COOK 1) Introduction/Swearing In of the New Assistant City Clerk, Carrie Gallagher 2) Resolution of Commendation for Planning Commissioner Jose Jimenez 3) Check Presentation by West Covina Kiwanis for the Pumpkin Run/Walk 5K 4) Recognition of West Covina Pop Warner Cheer Program 5) Presentation by Union Station Homeless Services 6) Presentation by Department of Toxic Substances Control Regarding BKK Landfill ORAL COMMUNICATIONS - Five (5) minutes per speaker Please step forward to the podium and state your name and city ofresidence for the record when recognized by the Mayor. 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 1) SEPTEMBER 4, 2018 REGULAR CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING SEPTEMBER 4, 2018 REGULAR CITY COUNCIL/SUCCESSOR AGENCY MEETING SEPTEMBER 18, 2018 REGULAR CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING SEPTEMBER 18, 2018 REGULAR CITY COUNCIL/SUCCESSOR AGENCY MEETING 2) TRAFFIC COMMITTEE MINUTES FROM NOVEMBER 13, 2018 It is recommended that the City Council approve the attached minutes of the Traffic Committee Meeting held on November 13, 2018. 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: • Richard & Yvonne Franco vs. The City of West Covina • Marta Guevara vs. The City of West Covina ORDINANCES FOR ADOPTION - Procedural Waiver. Waive full reading of each ordinance on the agenda and authorize the approval of each ordinance by title only. 4) ADOPTION OF ORDINANCE NO.2452 AUTHORIZING THE EXTENSION OF THE TERMS AND PROVISIONS OF ORDINANCE NO.2238 REGARDING FORECLOSURES It is recommended that the City Council adopt the following ordinance: ORDINANCE NO.2452 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, EXTENDING THE TERMS AND PROVISIONS OF ORDINANCE NO.2238 FOR AN ADDITIONAL PERIOD OF THREE YEARS, AMENDING CHAPTER 15 OF THE MUNICIPAL CODE TO REQUIRE REGISTRATION, MAINTENANCE AND SECURITY OF PROPERTIES IN FORECLOSURE FINANCE DEPARTMENT 5) FIRST QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2018-19 It is recommended that the City Council approve the First Quarter Financial Report for Fiscal Year 2018-19. 6) APPROVAL AND TRANSMITTAL OF AN ADMINISTRATIVE BUDGET AND A RECOGNIZED OBLIGATION PAYMENT SCHEDULE `BOPS" PURSUANT TO HEALTH AND SAFETY CODE SECTION 34179.7(0)(1), FOR THE PERIOD OF JULY 1, 2019 THROUGH JUNE 30, 2020 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. 2019-04 — 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, 2019 THROUGH JUNE 30, 2020 7) APPROVAL OF ASSIGNMENT AGREEMENT AND RELATED CUSTODIAL AGREEMENT ENTERED INTO IN CONNECTION WITH THE ISSUANCE OF REDEVELOPMENT AGENCY OF WEST COVINA COMMUNITY FACILITIES DISTRICT NO. 1989-1 (FASHION PLAZA)1996 SPECIAL TAX REFUNDING BONDS 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.2019-03 — A RESOLUTION OF THE SUCCESSOR AGENCY OF THE FORMER WEST COVINA REDEVELOPMENT AGENCY APPROVING AN ASSIGNMENT AGREEMENT RELATING TO THE ASSIGNMENT OF THE COLLATERALIZED INVESTMENT AGREEMENT AND RELATED CUSTODIAL AGREEMENT ENTERED INTO IN CONNECTION WITH THE ISSUANCE OF THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA COMMUNITY FACILITIES DISTRICT NO. 1989-1 (FASHION PLAZA) 1996 SPECIAL TAX REFUNDING BONDS AND THE TAKING OF CERTAIN ACTIONS IN CONNECTION THEREWITH HUMAN RESOURCES 8) STATE MINIMUM WAGE SALARY ADJUSTMENTS It is recommended that the City Council: 1. Approve wage adjustments to eight limited service positions to bring them into compliance with the State's minimum wage requirement as of January 1, 2019; 2. Approve a wage adjustment to the Lifeguard Instructor position to address adverse pay compaction created by the State's minimum wage increase as of January 1, 2019; 3. Approve the deletion of Reprographics Assistant from the Limited Services Pay Schedule due to the position being operationally obsolete; and 4. Adopt the following resolution: RESOLUTION NO. 2019-01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADJUSTING THE HOURLY PAY RATES OF CLASSIFICATIONS WITHIN THE LIMITED SERVICES PAY SCHEDULE AND AMENDING RESOLUTION NO. 2018-10. POLICE DEPARTMENT 9) AGREEMENT WITH WEST COVINA UNIFIED SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICERS AND CROSSING GUARD SERVICES It is recommended that the City Council approve the cost sharing three-year agreement with West Covina Unified School District for School Resource Officers and Crossing Guard services. PUBLIC SERVICES 10) AUTHORIZATION TO SUBMIT APPLICATIONS TO THE DEPARTMENT OF RESOURCES AND RECYCLING AND RECOVERY (CALRECYCLE) It is recommended that the City Council approve the following resolutions: RESOLUTION 2019-06 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING SUBMITTAL OF APPLICATIONS TO THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) FOR THE USED OIL PAYMENT PROGRAM (OPP) UNDER THE CALIFORNIA PUBLIC RESOURCES CODE SECTIONS 48690 ET SEQ. COMMENCING WITH THE FISCAL YEAR 2018-2019 TO AND INCLUDING THE FISCAL YEAR 2023-2024 RESOLUTION 2019-07 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AUTHORIZING SUBMITTAL OF APPLICATION FOR PAYMENT PROGRAMS AND RELATED AUTHORIZATIONS TO THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) END OF CONSENT CALENDAR DEPARTMENTAL REGULAR MATTERS CITY MANAGER'S OFFICE 11) APPOINTMENT OF VACANT AT -LARGE CITY COUNCIL POSITION It is recommended that the City Council discuss and make an appointment of an individual to serve the vacant At -Large City Councilmember position through December 2020. PUBLIC SERVICES 12) WEST COVINA COMMUNITY SERVICES FOUNDATION POTENTIAL FUNDING FOR COMMUNITY EVENTS 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 for community events. 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) 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/West Covina Community Services Foundation agenda as items of business and must be approved by a majority of the City Council/Successor Agency/West Covina Community Services Foundation Board.) 13) REQUEST FROM MAYOR LLOYD JOHNSON REQUESTING THE CITY COUNCIL'S CONSENSUS TO RE-EXAMINE THE CITY'S TEMPORARY SIGN ORDINANCE TO STRENGTHEN MEASURES TO ADDRESS VIOLATIONS OF ORDINANCE It is recommended that the City Council direct staff accordingly. CITY COUNCIL COMMENTS ADJOURNMENT Next Regular City Council Meeting Regular Meeting 2/5/19 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. 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 swom 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 staffmember. e 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.