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12-18-2018 - Regular Session MeetingCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY/COMMUNITY DEVELOPMENT COMMISSION DECEMBER 18, 2018, 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 cellphones 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 can (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) 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. AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY DECEMBER 18, 2018, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Dane Johnson, WCPD Chaplain PLEDGE OF ALLEGIANCE Led by Mayor Lloyd Johnson ROLL CALL REPORTING OUT FROM CLOSED SESSION PRESENTATIONS Recognition of Retirement of Police Department Records Specialist Sylvia Luna 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. 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) 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: • Rutilio Cordova vs. The City of West Covina • Mike Stella vs. The City of West Covina • Rocio Rivera vs. The City of West Covina • Janie Moreno vs. The City of West Covina INVESTMENT REPORT (receive & file) CITY INVESTMENT REPORT FOR THE MONTH ENDED OCTOBER 31, 2018 It is recommended that the City Council receive and file the Investment Report for the month ended October 31, 2018. SUCCESSOR AGENCY INVESTMENT REPORT FOR THE MONTH ENDED OCTOBER 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 October 31, 2018. ORDINANCES FOR ADOPTION AMENDMENT TO THE WEST COVINA MUNICIPAL CODE, CHAPTER 22, ARTICLE V FOR THE REGULATION OF SIDEWALK VENDORS WCMC SEC. 22-183.2 SIDEWALK VENDORS It is recommended that the City Council adopt the following ordinance. ORDINANCE NO. 2451— AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-183.2 ("VENDING AUTOMOBILES, WAGONS OR STANDS") OF ARTICLE V OF CHAPTER 22 OF THE MUNICIPAL CODE TO REGULATIONS FOR SIDEWALK VENDORS CODE AMENDMENT NO. 18-02 ACCESSORY DWELLING UNITS GENERAL AND STATUTORY EXEMPTION It is recommended that the City Council adopt the following ordinance: ORDINANCE NO.2449 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING DIVISION 11 OF ARTICLE XII OF CHAPTER 26 OF THE MUNICIPAL CODE TO AMEND SETBACK AND LOCATION RELATED ZONING REGULATIONS APPLICABLE TO ACCESSORY DWELLING UNITS AMENDMENT TO THE WEST COVINA MUNICIPAL CODE ARTICLE XVI, WASTE REDUCTION, REUSE AND RECYCLING OF CONSTRUCTION AND DEMOLITION DEBRIS ORDINANCE It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2447 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE ARTICLE XVI, WASTE REDUCTION, REUSE AND RECYCLING OF CONSTRUCTION AND DEMOLITION DEBRIS, OF CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, TO BE CONSISTENT WITH THE REQUIREMENTS OF CALIFORNIA GREEN BUILDING STANDARDS CODE, CORRECT NECESSARY LANGUAGE TO REFLECT THE CITY DEPARTMENTS ORGANIZATION, AND REMOVING RE -ROOFING PROJECTS FROM PROJECTS REQUIRED TO MEET THE DIVERSION REQUIREMENTS 7) CODE AMENDMENT NO. 18-03 DOWNTOWN PLAN AND CODE PARKING STANDARDS GENERAL EXEMPTION It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2450 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA AMENDING ARTICLE XV OF CHAPTER 26 OF THE MUNICIPAL CODE, THE DOWNTOWN PLAN AND CODE PARKING STANDARDS CITY CLERK'S OFFICE 8) BIENNIAL REVIEW OF THE CITY OF WEST COVINA'S CONFLICT OF INTEREST CODES It is recommended that the City Council adopt the following resolutions amending the Conflict of Interest Codes for the City of West Covina, the West Covina Community Development Commission and the Successor Agency to the West Covina Redevelopment Agency: RESOLUTION NO. 2018-136 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE CITY OF WEST COVINA RESOLUTION NO. 2018-137 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE WEST COVINA COMMUNITY DEVELOPMENT COMMISSION RESOLUTION NO. 2018-138 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE SUCCESSOR AGENCY TO THE WEST COVINA REDEVELOPMENT AGENCY CITY MANAGER'S OFFICE 9) ANNOUNCEMENT OF CITY COUNCIL'S INTENT TO FILL VACANT CITY COUNCIL POSITION It is recommended that the City Council receive applications to fill the vacant City Council seat by appointment before the February 2, 2019 deadline. COMMUNITY DEVELOPMENT 10) RELEASE OF FAITHFUL PERFORMANCE GUARANTEE FOR 2937 E. CORTEZ STREET (DESIGN REVIEW NO.15-42) It is recommended that the City Council accept all on -site and off -site improvements for 2937 E. Cortez Street (Design Review 15-42) and authorize release of the Performance Security cash deposit in the amount of $10,686. 11) ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE RESIDENTIAL STREETS REHABILITATION IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ELIGIBLE AREAS (PROJECT NO. SP-18038) It is recommended that the City Council take the following actions: 1. Accept the public improvements constructed for Project No. SP-18038; 2. Authorize recordation of Notice of Completion with the Los Angeles County Recorder; and 3. Authorize release of retention funds 35 days after recordation of the Notice of Completion. 12) PLAZA WEST COVINA DISPOSITION AND DEVELOPMENT AGREEMENT - ENVIRONMENTAL INITIAL STUDY AND SECTION 15183 EXEMPTION PREPARATION It is recommended that the City Council authorize the City Manager to execute an agreement with Rincon Consultants, Inc. for a cost not to exceed $86,706 for preparation of an Initial Study and Section 15183 Exemption for the proposed redevelopment of the Plaza West Covina Mall. POLICE DEPARTMENT 13) EXTENSION OF FORECLOSURE PROPERTIES ORDINANCE It is recommended that the City Council take the following actions: 1. Extend the Foreclosure Ordinance for an additional three years, to December 2021; 2. Introduce, waive further reading, and give first reading to 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 PUBLIC SERVICES 14) AWARD OF BID — LANDSCAPE MAINTENANCE OF LANDSCAPE MAINTENANCE DISTRICTS 1, 29 4 AND OF THE BIG LEAGUE DREAMS PERIMETER AREAS It is recommended that the City Council take the following actions: 1. Authorize the City Manager to execute a contract with Merchants Landscape Services, Inc. (Merchants) in the total amount of Two Million One Hundred Ninety Thousand Dollars ($2,190,000) for a three-year contract with two optional one-year extensions to provide landscape maintenance services to Landscape Maintenance Districts 1, 2, 4 and the Big League Dreams (BLD) perimeter areas; and 2. Appropriate $46,158.36 from the available fund balance to Service Contracts as outlined in the report. 15) ACCEPTANCE OF DROUGHT TOLERANT LANDSCAPING IMPROVEMENTS IN LANDSCAPE MAINTENANCE DISTRICT NO.7 (PHASE 2) - PROJECT NO. 18024 It is recommended that the City Council take the following actions: 1. Accept the Drought Tolerant Landscaping Improvements in Landscape Maintenance District 7 (Phase 2) for Project No. 18024; 2. Authorize recordation of Notice of Completion with the Los Angeles County Recorder; and 3. Authorize the release of retention funds 35 days after recordation of the Notice of Completion. 16) AWARD OF BID FOR CITY PARKS RESTROOM MAINTENANCE It is recommended that the City Council authorize the City Manager to execute a contract with Azteca Landscape in the total amount of $238,015.08 for a one-year contract to provide parks restroom maintenance services for all City Parks. 17) AWARD OF CONTRACT FOR THE INSTALLATION OF WROUGHT IRON FENCE AND GATE AT ORANGEWOOD SOCCER COMPLEX (PROJECT NO. 19010) It is recommended that the City Council accept the bid from Ace Fence Company, of La Puente, California in the amount of $36,500, and authorize the City Manager to execute a contract with Ace Fence Company for Capital Improvement Project No. 19010. END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS DEPARTMENTAL REGULAR MATTERS 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/Community Development Commission agenda as items of business and must be approved by a majority of the City Council/Successor Agency Board.) 18) REQUEST FROM MAYOR PRO TEM TONY WU REQUESTING THE CITY COUNCIL'S CONSIDERATION TO EXPLORE THE CITY'S FINANCIAL ABILITY TO REINSTATE ENGINE NO.4 It is recommended that the City Council direct staff accordingly. 19) REQUEST FROM MAYOR PRO TEM TONY WU REQUESTING THE CITY COUNCIL'S APPROVAL TO INSTRUCT CITY STAFF TO PROVIDE A REPORT ON THE COSTS TO DO TREE TRIMMING AND WEED ABATEMENT IN THE CITY'S MAINTENANCE DISTRICTS AND REDUCE THE CITYWIDE TREE TRIMMING CYCLE FROM SEVEN TO FIVE YEARS It is recommended that the City Council direct staff accordingly. 20) REQUEST FROM MAYOR PRO TEM TONY WU REQUESTING THE CITY COUNCIL'S CONSIDERATION TO EXPLORE THE CITY'S FINANCIAL ABILITY TO REINSTATE THE POLICE DEPARTMENT OVERLAP SHIFT It is recommended that the City Council direct staff accordingly. 21) REQUEST FROM COUNCILMAN DARIO CASTELLANOS REQUESTING THE CITY COUNCIL'S CONSIDERATION TO HAVE ALL DEPARTMENT HEADS SUBJECT TO EMPLOYMENT CONTRACTS SELECTED BY THE CITY MANAGER AND APPROVED BY THE CITY COUNCIL It is recommended that the City Council direct staff accordingly. 22) REQUEST FROM COUNCILMAN DARIO CASTELLANOS REQUESTING THE CITY COUNCIL'S CONSIDERATION TO INSTRUCT STAFF TO PROVIDE A REPORT TO THE CITY COUNCIL ON THE PURCHASING POLICY OF THE CITY AND SELECTION OF VENDORS It is recommended that the City Council direct staff accordingly. 23) REQUEST FROM COUNCILMAN DARIO CASTELLANOS REQUESTING THE CITY COUNCIL'S CONSIDERATION TO INSTRUCT STAFF TO DEVELOP A RELATIONSHIP WITH A HOMELESS SERVICES PROVIDER TO ADDRESS HOMELESSNESS IN WEST COVINA It is recommended that the City Council direct staff accordingly. 24) REQUEST FROM COUNCILWOMAN LETTY LOPEZ-VIADO REQUESTING THE CITY COUNCIL'S CONSIDERATION TO PROMOTE VOLUNTEERISM IN THE POLICE DEPARTMENT TO HELP ADDRESS CODE ENFORCEMENT AND OTHER COMMUNITY ISSUES It is recommended that the City Council direct staff accordingly 25) REQUEST FROM COUNCILWOMAN LETTY LOPEZ-VIADO REQUESTING THE CITY COUNCIL'S CONSIDERATION TO INSTRUCT STAFF TO PREPARE A STAFF REPORT WITH OPTIONS TO DEVELOP A PARTNERSHIP WITH RING VIDEO DOORBELL AND SECURITY CAMERAS It is recommended that the City Council provide staff direction. 26) REQUEST FROM COUNCILWOMAN LETTY LOPEZ-VIADO REQUESTING THE CITY COUNCIL TO INSTRUCT STAFF TO PREPARE A PROGRAM THAT ALLOWS DONATIONS AND PARTNERSHIPS FROM RESIDENTS, BUSINESSES, AND CIVIC GROUPS TO SPONSOR COMMUNITY EVENTS It is recommended that the City Council direct staff accordingly. CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting 1/15/2019 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 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 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 countyjail 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.