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04-16-2013 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY APRIL 16, 2013, 7:00 PM REGULAR MEETING CITY HALL COUNCLL CHAMBERS 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 Mayor Shelley Sanderson Mayor Pro Tem Steve Herfert Councilmember Andrew McIntyre Councilmember Robert Sotelo Councilmember Fredrick Sykes Please tarn off all cell phones and other electronic devices prior to entering the Council Chambers AMERICANS WITH DISH BILI TIES 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, West Covina and at rpwrv.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 items 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 PY C F THE COUNCIL AGENDA FOR THE MEETING OF`�//4/// WAS POSTED IN ACCORD �� THE 087 BROWN ACT AMENDMENT DATED: OFFICE OF THE -CITY CLERK Tuesday April 16,2013 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY APRIL 16, 201317:00 PM REGULAR MEETING INVOCATION Rabbi Elisheva Diaz Temple Ami-Shalom PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Proclamation Earth Day 2013 Proclamation Arbor Day 2013 ORAL COMMUNICATIONS - Five (5) minutes per speaker Please step.for•ward to the podium and state your name and city of residence,for the record when recognized by the Mayor. CONSENT CALENDAR All rnallers 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/Cormnunily Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) Special Council Meeting Minutes of February 5, 2013 Regular Council Meeting Minutes of February 5, 2013 Special Council Meeting Minutes of February 7, 2013 COMMISSION SUMMARY OF ACTIONS (receive & file) 2) Planning Commission - March 26, 2013 and April 9, 2013 2 Agenda material is available at www..ivestcovina.org Tuesday April 16, 2013 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 and/or their respective attorneys be so notified. • Helene Dunmore vs. City of West Covina • Sarah Dunmore vs. City of West Covina • Tatianna Dunmore vs. City of West Covina • Jeremiah. Dunmore vs. City of West Covina • Tommy Dunmore vs. City of West Covina • Brionna Samuels vs. City of West Covina • Rudy Lussow vs. City of West Covina AWARD OF BID 4) Award of Bid for Construction of Bus Pads, Curb and Gutter Repair, and the Construction of Wheelchair Ramps (Project Nos. SP-13101, SP-13102, and SP-13103) It is recommended that the City Council take the following actions: 1. Accept the bid of FS Construction of Sylmar in the amount of $193,750.00 as submitted at the bid opening on March 14, 2013, and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement with FS Construction for the work to be done. 2. Transfer $20,000.00 from Project No. SP-13104 (131.81.8321.7200) to Project No. SP-13101 (131.81.8320.7200). 5) Award of Bid for the Purchase of a Ditch Witch Vacuum Excavator - VP-13701 It is recommended that the City Council take the following actions: 1. Approve the transfer of $11,994.82 from. Sewer Fund Balance to Account No. 189.87,8328.7170. This transfer will provide $51,994.82 in 189.87.8328.7170 (Sewer Funds) and $10,000 in149.87.8328.7170 (Used Oil Grant Fund) for a total purchase price of $61,994.82 including tax and delivery for a vacuum excavator. 2. Waive the formal contract procedures and "piggyback" on State Contract No. GS- 30E-005N to purchase a Ditch Witch vacuum extractor. APPROVAL OF FINAL MAP 6) Approval of Final Map for Parcel Map No. 71972 Location: 512 S. Valinda Avenue Subdivider: Immanuel First Lutheran Church 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, APPROVING FINAL MAP OF PARCEL MAP NO. 71942 LOCATED AT 512 S. VALINDA AVENUE AND DIRECTING THE RECORDATION THEREOF (IMMANUEL FIRST LUTHERAN CHURCH) 3 Agenda material'is available at www.westcovina.org Tuesday April 16, 2013 TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 7) Traffic Committee Minutes - Meeting of March 19, 2013 L Request: Grace Garner, West Covina School District That a school bus loading zone for school days be established at Orangewood Elementary School on the south side of Durness Street. Traffic Committee Recommendation: That a No Stopping School Bus Loading zone for school days be established at Orangewood Elementary School on the south side of Durness Street on the northerly side of the school. CITY MANAGER'S OFFICE 8) Appointment of Community and Senior Services Commissioner It is recommended that the City Council adopt the following resolution re -appointing seven individuals to the Community and Senior.Services Commission: Community and Senior Services Commission (Three Year Term): RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING INDIVIDUALS TO THE WEST COVINA COMMUNITY AND SENIOR SERVICES COMMISSION 9) Appointment of Human Resources Commissioner It is recommended that the City Council adopt the following resolution appointing an individual to the Human Resources Commission: Human Resources Commission (Three Year Term): RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING GARY VILLALOBOS TO THE WEST COVINA HUMAN RESOURCES COMMISSION COMMUNITY DEVELOPMENT COMMISSION 10) Penske Audi Soundwall It is recommended that the City Council approve the Agreement of Construction and Maintenance of a Soundwall between the City of West Covina and Penske Audi for the construction of a masonry block wall on Penske Audi's property and authorize the City Manager to implement said Agreement and take all further actions necessary to effectuate said agreement with Penske and Caltrans. POLICE DEPARTMENT 11) Replacement of Police Records Copier It is recommended that the City Council, in accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333 (i) (2), find that the National Joint Powers Alliance contract #110312-SEC for a Sharp MX-M904 copier satisfies West Covina's bid process, and authorize the Chief of Police to enter into a 60-month lease agreement with the CBE Office Solutions. 4 Agenda material is available at www.westcovina.org Tuesday April 16, 2013 12) Asset Forfeiture Funds for Police Overtime, Equipment, and Supplies It is recommended that the City Council: 1. Appropriate a total of $525,.100 in federal asset forfeiture funds from the fund balance of Fund 117, as follows: • $350,000 into 117.31.3120.5113 for supplemental, unbudgeted overtime for staffing shortages, neighborhood crime responses, targeted enforcement, and emergency SWAT deployments; . A total of $95,000 into 117.31.3119.7160 for the purchase of technology equipment; • A total of $40,600 into 1.17.31.3110.7160 police equipment items; • A total of $39,500 into 117.31.3110.6220 for police supply items. PUBLIC WORKS 13) Landscape Maintenance District No. 4 Preliminary Approval of the Engineer's Report 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, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 4, 2013 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 2013-2014 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT 14) Landscape Maintenance District No. 6 Preliminary Approval of the Engineer's Report 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, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 4, 2013 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENCING IN FISCAL YEAR 2013-2014 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT 15) Landscape Maintenance District No. 7 Preliminary Approval of the Engineer's Report 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, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 4, 2013 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN FISCAL YEAR 2013-2014 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT 5 Agenda material is available at www.westeovina.org Tuesday April 16, 2013 16) Citywide Lighting and Maintenance District Preliminary Approval of the Engineer's Report 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, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 18, 2013 TO APPROVE CITYWIDE ASSESSMENTS COMMENCING IN FISCAL YEAR 2013-2014 TO FUND THE OPERATION AND MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE DISTRICT 17) West Covina Citywide Sewer Service Charge Setting a Public Hearing Date on a Method of Collection and Fee Increase 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, DECLARING ITS INTENTION TO ADOPT A SCHEDULE OF SEWER FEE INCREASES AND COLLECT THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL AND SETTING JUNE 1.8, 2013, FOR A PUBLIC HEARING ON METHOD OF COLLECTION AND FEE INCREASES ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION END .OF CONSENT CALENDAR 6 Agenda material is available at www.westcovina.org Tuesday April 16, 2013 HEARINGS APPEAL HEARINGS 18) Appeal of Planning Commission Denial of Subcommittee for Design Review No. 12-03 Categorical Exemption Applicant/Appellant: Leonard Radomskiy Location: Adjacent to Summerplace Village condominium complex, at the end of S. Dryden Lane on the. east side of the street (Assessor's Identification Number 8743- 002-036) The Planning Department recommends that the City Council grant the applicant's second request to continue his appeal of the Planning Commission's decision to deny Subcommittee for Design Review No. 12-03. The City Council should continue the item to the City Council meeting of June 18, 2013. Motion by second by approve disapprove hold over PUBLIC HEARINGS 19) Public Hearing FY 2013-2014 Community. Development Block Grant (CDBG) Action Plan The purpose of this hearing is for the City Council to receive public comment on the proposed FY 2013-2014 CDBG Action Plan; consider written and oral comments; and authorize staff to transmit the Action Plan to the U.S. Department of Housing and Urban Development (HUD). a) Verification of publication b) Open hearing c) Public testimony d) Close testimony e) Council discussion f) Recommendation: It is recommended that the City Council approve the proposed FY 2013-2014 CDBG Action Plan. Motion by second by approve disapprove hold over 7 Agenda material is available at wwmwestcovina.org Tuesday April 16, 2013 DEPARTMENTAL REGULAR MATTERS PLANNING DEPARTMENT 20) Urgency, Ordinance Establishing a Moratorium to Prohibit the Construction of Residential Structures on 54 Vacant Properties in the South Hills Subdivision to Study Development Standards It is recommended that the City Council introduce and adopt the following ordinance to establish a moratorium on 54 vacant lots in the South Hills Subdivision: ORDINANCE NO. - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PROHIBITING GRADING OR CONSTRUCTION OF RESIDENTIAL STRUCTURES IN SPECIFIED AREAS OF THE CITY PENDING COMPLETION OF STUDY AND REPORT BY THE PLANNING COMMISSION PERTAINING TO THE PROPER CONDITIONS AND REGULATIONS FOR SUCH USES, DECLARING THIS AN INTERIM ZONING ORDINANCE, AND SETTING FORTH FACTS CONSTITUTING THE SAME AS AN URGENCY ORDINANCE Motion by second by adopt disapprove hold over ROLL CALL: Herfert, McIntyre, Sotelo, Sykes, Sanderson MAYOR/COUNCILMEMBERS REPORTS No reports. AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councibmembers 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.) No reports. CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting - CC 05/07/2013 7:00 PM 8 Agenda material is available at www.westcovina.org Tuesday April 16, 2013 RULES OF DECORUM The following are etcerpts.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 councilmembef 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 fi-om 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 front 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. 9 Agenda material is available at www.westcoviiia.org