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06-19-2012 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY JUNE 19, 2012, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 Mayor Michael Touhey Mayor Pro Tem. Shelley Sanderson Councilmember Steve Herfert Councilmember Robert Sotelo Councilmember Fredrick Sykes Please turnoff all cell phones and other electronic devices prior to entering the Council Chambers AMERICANS WITH DISABILITIESACT 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, 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, 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 as 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. I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEEl1NG OF 6 / 1y110WAS POSTED IN ACCORDANCE WMi THE 01/87 BROWN ACT AMENDMENT DATED: OFFICE OF THE CITY CLERK Tuesday June 19, 2012 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY JUNE 1912012, 7:00 PM REGULAR MEETING INVOCATION Andrew Pasmant City Manager PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Certificates of Appreciation Food Waste Demonstration Program Restaurant Participants * Chili's * El Torito * Marie Calendars Proclamation Parks & Recreation Month — July Presentation West Covina Firefighters' Association, I.A.F.F., Local 3226 Check Presentation Talk About Curing Autism (TACA) 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 removedfrom the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) Special City Council Meeting Minutes of March 12, 2012 Special City Council Meeting Minutes of March 20, 2012 Regular City Council Meeting Minutes of March 20, 2012 2 Agenda material is available at www.westcovina.org Tuesday June 19, 2012 CITY CLERK'S OFFICE 2) Destruction of Documents as Prescribed by Law It is recommended that the City Council adopt the following resolution authorizing the destruction of specified records: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW ORDINANCES FOR ADOPTION 3) Ordinance for Adoption Repeal of Moratorium for Properties on North Side of Vanderhoof Drive This ordinance was introduced at the City Council meeting of May 15, 2012. This ordinance will repeal Ordinances Nos. 2220 and 2221, which placed a moratorium on the construction of certain improvements in the rear, lower pad areas of the single-family lots on the north side of Vanderhoof Drive that have historically been used for animal keeping uses. This ordinance will become effective on July 20, 2012, thirty days after its adoption. It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING ORDINANCE NO. 2220 AND ORDINANCE NO. 2221 PROHIBITING CONSTRUCTION OF GUEST HOUSES, HABITABLE SPACE ADDITIONS, SPORTS COURTS, TENNIS COURTS, SWIMMING POOLS AND OTHER SIMILAR TYPES OF IMPROVEMENTS ON THE REAR, LOWER PORTION OF EQUESTRIAN ORIENTED PROPERTIES IN SPECIFIED AREAS OF THE CITY TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 4) Meeting Minutes of May 15, 2012 It is recommended that the City Council take the following actions: 1. Accept and file the following minutes of the Traffic Committee meeting held on May 15, 2012. L Request. Robert Cunningham, West Covina resident: That parking on the west side of Nora Avenue from 337 N. Nora Avenue to 431 N. Nora Avenue be restricted to permit only parking. Traffic Committee Recommendation: That parking on the west side of Nora Avenue from 337 N. Nora Avenue to 415 N. Nora Avenue be restricted to permit only parking. IL Request: Noel Decker, Monte Vista Elementary School Principal That a passenger -loading zone for school days be established at Monte Vista Elementary School on the north side of Eldred Avenue and on the south side of Puente Avenue. Traffic Committee Recommendation: That a passenger -loading zone for school days be established at Monte Vista Elementary School on the north side of Eldred Avenue in front of the school and on the south side of Puente Avenue at the rear of the school. 3 Agenda material is available at www.weskovina.org Tuesday June 19, 2012 III. Request. City Initiated: That speed limit for Vine Avenue from Azusa Avenue to Hollenbeck Street be reduced from 40 miles per hour to 35 miles per hour. Traffic Committee Recommendation: That the speed limit be established at 35 miles per hour on Vine Avenue from Azusa Avenue to Hollenbeck Street and cause an ordinance to be adopted to amend Sections 22-131 and 22-132 of the West Covina Municipal Code. IV. Request: Jose Alba, West Covina resident: That advance warning signs be installed for the knuckles of Jennifer Place at Eclipse Way and Eclipse Way at Lynda Lane. Traffic Committee Recommendation: That advance warning signs and centerline delineation be installed for the knuckles of Jennifer Place at Eclipse Way and Eclipse Way at Lynda Lane. 2. Introduce the following ordinance to reduce the speed limit on a portion of Vine Avenue from Azusa Avenue to Hollenbeck Street from 40 miles per hour to 35 miles per hour: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING SECTIONS 22-131 AND 22-132 OF THE WEST COVINA MUNICIPAL CODE RELATING TO INCREASE OF STATE LAW MAXIMUM SPEEDS (VINE AVENUE) CITY MANAGER'S OFFICE 5) Cancellation of July 3rd and August 7th City Council Meetings It is recommended that the City Council cancel the July 3, 2012 and August 7, 2012 City Council meetings due to the 4th of July Holiday and National Night Out. 6) City of West Covina 2012 Legislative Platform It is recommended that the City Council adopt the proposed 2012 Legislative Platform to support/oppose county, state, and federal legislation as appropriate. 7) Auto Plaza Business Improvement District It is recommended that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2012-2013, AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED ON JULY 17, 2012 4 Agenda material is available at www.westcovina.org Tuesday June 19, 2012 COMMUNITY SERVICES DEPARTMENT 8) Resolution Establishing Change in Time for the Community and Senior Services Commission Meeting to 6:00 P.M. It is recommended that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2006-90 RELATING TO MEETING TIMES AND PLACES OF CITY BOARDS AND COMMISSIONS TO CHANGE THE MEETING TIME OF THE COMMUNITY AND SENIOR SERVICES COMMISSION TO 6:00 P.M. FINANCE DEPARTMENT 9) Appropriations Limit for Fiscal Year 2012-2013 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2013 10) Transfer of Investment from Debt Service Fund to General Fund It is recommended that the City Council appropriate the transfer $4 million from the City Debt Service Fund to the General Fund. FIRE DEPARTMENT 11) Authorization for Fireworks Display It is recommended that the City Council validate staffs administrative approval for the following fireworks displays. 1. Fireworks display at the West Covina High School Graduation Ceremony to be held on June 7, 2012. 2. Fireworks display for the City of West Covina Independence Day Celebration to be held on July 4, 2012, at Edgewood Middle School. POLICE DEPARTMENT 12) Asset Forfeiture Funds for Police Information Technology Services and Supplies It is recommended that the City Council: 1. Appropriate a total of $199,899' in available federal asset forfeiture from the fund balance of Fund 117 as follows: - $109,899 in 117.31. 3119.6120 for new police information technology services - $54,500 in 117.31.3119.6272 for police technology software and services - $35,500 in 117.31.3116.6220 for police technology supplies 2. Waive the bid process and authorize staff to enter into a direct service contract for up to $109,899 with Scientia Consulting Group for specialized police information technology services, from account 117.31.3119.6120. 5 Agenda material is available at www.westcovina.org Tuesday June 19, 2012 PUBLIC WORKS 13) West Covina Landscape Maintenance District No. 1 Setting of 2012-2013 Assessment Rate It is recommended that the City Council adopt the following resolution, which provides for the assessment rates to be maintained at their current rate of 11.88 cents per 100 dollars of assessed valuation. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE AMOUNT OF FUNDS NECESSARY TO BE RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2012 14) West Covina Landscape Maintenance District No. 2 Setting of 2012-2013 Assessment Rate It is recommended that the City Council adopt the following resolution, which provides for. the assessment rates to be maintained at their current rate of 6.30 cents per 100 dollars of assessed valuation. RESOLUTION NO. I- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE AMOUNT OF FUNDS NECESSARY TO BE RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2012 15) Request for Reallocation of County Sanitation District No. 15 (Annexation No. 287) Property Taxes Location: Northeast quadrant of Azusa Avenue and Amar Road (Commercial Building Pads, Protected Habitat Areas, Water Reservoir Site, Portion of BKK Property, and the Proposed Golf Course Properties) It is recommended that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 15 OF THE COUNTY OF LOS ANGELES, AND THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM AN ANNEXATION TO COUNTY SANITATION DISTRICT NO. 15, BEING ANNEXATION NO. 2871 16) Registration of Abandoned Properties Facing Foreclosure It is recommended that the City Council direct staff to prepare an ordinance amending Chapter 7 of the City of West Covina Municipal Code by adding Article XVII requiring the Registration of Abandoned Foreclosed Real Properties. 6 Agenda'material is available at www.westcovina.org 0 Tuesday June 19, 2012 RISK MANAGEMENT 17) Placement of Property Insurance Coverage for Fiscal Year 2012/13 4t is recommended that the City Council approve placement of the .City's property insurance coverage for FY 2012/13 with The Hanover Insurance Group Property & Casualty Cos., at $40,404 annually. ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented except: ROLL CALL: Herfert, Sanderson, Sotelo, Sykes, Touhey ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION END OF CONSENT CALENDAR Agenda material is available at www.westcovina.org Tuesday June 19, 2012 PUBLIC HEARINGS 18) West Covina Landscape Maintenance District No. 4 19) West Covina Landscape Maintenance District No. 6 20) West Covina Landscape Maintenance District No. 7 a) Verification of publication b) Open hearing c) Staff presentation d) Public Testimony e) Close hearing f) Council discussion g) Recommendation: It is recommended that the City Council adopt the following resolutions: 1) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4: ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2012 2) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO, 6: ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2012. 3) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7: ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2012 Motion by second by adopt disapprove hold over 21) FY 2012-2013 Community Development Block Grant (CDBG) Public Service Project Funding a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) . Council discussion g) Recommendation: Staff recommends that the City Council allocate $152,446 in CDBG funds to the Public Service Projects as outlined in Attachment #1, Column R of the staff report and authorize the necessary appropriations. Motion by second by to 8 Agenda material is available at www.westcovina.org Tuesday June 19, 2012 22) West Covina Citywide Lighting and Maintenance District a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: It is recommended that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE PLANS, SPECIFICATIONS, ESTIMATES, DIAGRAM AND ASSESSMENTS CONTAINED THEREIN; ORDERING LIGHTING FIXTURES AND ELECTRICAL CURRENT TO BE FURNISHED FOR LIGHTING FIXTURES AND TO ORDER STREET TREES TO BE INSTALLED AND MAINTAINED IN THE WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT FOR FISCAL YEARS BEGINNING JULY 1, 2012 Motion by second by adopt disapprove hold over 23) West Covina Citywide Sewer Service Charge a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: It is recommended that the City Council approve a two percent (2%) rate increase for the Fiscal Year 2012-2013 as outlined in Option 1 of the report and adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE RATE AND AUTHORIZING THE COLLECTION OF THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL Motion by adopt second by disapprove hold over 9 Agenda material is available at www.westcovina.org Tuesday June 19, 2012 DEPARTMENTAL REGULAR MATTERS CITY MANAGER'S OFFICE 24) Summer Concert Series Funding Request from Greater West Covina Business Association It is recommended that the City Council do the following: 1. Approve the Greater West Covina's (GWC) funding request to hold the 2012 Summer Concert Series at the Civic Center, and appropriate up to $11,900 from the Business Improvement Tax (BIT) Fund Balance to Account I10.11.1120.6120, depending on the venue selected; 2. Allow City staff to enter into an agreement with the GWC to share equally (50%- 50%) all revenues generated from the 2012 Summer Concert Series; and 3. Appropriate the remaining BIT Fund balance to Community Services Special Events Fund 110.51.5150.XXXX, to be utilized for FY 12-13 Special Events. Motion by second by to SUCCESSOR AGENCY 25) Transfer of Assets of Former Redevelopment Agency It is recommended that the City Council, acting as the Successor Agency to the West Covina Redevelopment Agency, adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA, TRANSFERRING REAL PROPERTY LOCATED AT EASTLAND SHOPPING CENTER (845-012-907), LAKES OFFICE DEVELOPMENT (8474-011- 942 & 943) AND WESTFIELD PLAZA (8474-003-915, 918, 929, 931, 932, 933, 934, 935, 939, & 940) TO THE PARKING AUTHORITY OF THE CITY OF WEST COVINA Motion by second by adopt disapprove hold over MAYOR/COUNCILMEMBERS REPORTS COUNCILMEMBER FREDRICK SYKES 26) Report on Utilizing General Fund Reserves to Hire Additional Police Officers It is recommended that the City Council receive and file this report. Motion by second by to 10 Agenda material is available at www.westcovina.org Tuesday June 19, 2012 27) West Covina Adopt -A -Park Program It is recommended that the City Council provide City staff direction on this matter. 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 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/Community Development Commission agenda as items of business and must be approved by a majority of the City Council/Community Development Commission.) MAYOR PRO TEM SHELLEY SANDERSON 28) Request from Mayor Pro Tem Shelley Sanderson Requesting the City Council to Instruct City Staff to Prepare a Report on Developing Renewable Energy Projects in West Covina It is recommended that the City Council direct staff accordingly. Motion by second by to COUNCILMEMBER FREDRICK SYKES 29) Request from Councilmember Fredrick Sykes Requesting the City Council to Instruct City Staff to Prepare a Report on Southern California Edison Power Outages It is recommended that the City Council direct staff accordingly. Motion by second by to CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting - CC 07/03/2012 7:00 PM 11 Agenda material is available at www.westcovina.org Tuesday June 19, 2012 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 must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the council nor disturb any member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided. (b) Any person making personal, impertinent or slanderous remarks or who shall become boisterous while addressing the council shall be forthwith, by the presiding officer, barred from further audience before the council, unless permission to continue be granted by a majority vote of the council. 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. 12 Agenda material is available at www.westcovina.org