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06-04-2013 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY JUNE 04, 2013, 7:00 PM REGULAR MEETING CITY HALL COUNCIL 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 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, West Covina and at www.westcovina.orP. 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 Nre 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 MEETING OF 6 If I CWAS POSTED IN ACCORDANCE WTHE 01187 BROWN ACT AMENDMENT DATED: Oh_ OFFICE OF THE CITY CLERK Tuesday June 04, 2013 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY JUNE 049 2013, 7:00 PM REGULAR MEETING INVOCATION Minister Ellis Lewis, Sr Church of Christ PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Certificate of Recognition Minister Ellis Lewis, Sr. Church of Christ Certificate of Recognition West Covina American Legion Post 790 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) 1) Special Council Meeting Minutes of April 2, 2013 Special Council Meeting Minutes of April 16, 2013 Regular Council Meeting Minutes of April 16, 2013 2 Agenda material is available at www.westcovina.org Tuesday June 04, 2013 CLAIMS AGAINST THE CITY 2) 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. • Paula Aguilera vs. City of West Covina • Richard & Michelle Rothermund vs. City of West Covina • Laura Orozco vs. City of West Covina ORDINANCES FOR ADOPTION 3) Ordinance for Adoption Amending the West Covina Municipal Code Protecting the use of the City's Seal, Logo, and Images This ordinance was introduced at the City Council meeting of May 7, 2013. The purpose of this ordinance is to amend the West Covina Municipal Code in order to establish guidelines to determine when use of the City's seal, logo and images is appropriate. The ordinance will become effective on July 4, 2013, 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, AMENDING SECTION 2 OF CHAPTER 1 OF THE WEST COVINA MUNICIPAL CODE ESTABLISHING RULES AND REGULATIONS ON THE USE OF THE CITY'S SEAL, LOGO, AND OTHER PROPRIETARY IMAGES AWARD OF BID 4) Award of Bid for Residential Street Rehabilitation Work Project No. SP-13104 It is recommended that the City Council award the contract to Gentry Brothers, Inc., in the amount of $782,215.00 and authorize the Public Works Director/City Engineer and City Clerk to execute the contract for the residential street rehabilitation work. TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 5) Traffic Committee Minutes - Meeting of May 21, 2013 L Request: Kris Schulte West Covina Resident That parking on the south side of Del Norte Avenue, from Hollow Avenue to Nora Avenue, be restricted to permit only parking, Monday through Saturday, from 7:00 a.m. to 9:00 P.M. Traffic Committee Recommendations: That parking on the south side of Del Norte Avenue, from Hollow Avenue to Nora Avenue, be restricted to permit only parking, Monday through Saturday, from 7:00 a.m. to 9:00 P.M. That two 25 mph speed limit signs with radar enforced plates be installed on Del Norte Avenue. That centerline striping with raised pavement markers and right edge striping be installed at the Del Norte Avenue and Hollow Avenue intersection. 3 Agenda material is available at wwmwestcovina.org Tuesday .Lune 04, 2013 H. Request: David Michalko, Valencia Heights Water Company That parking on Virginia Avenue, from Barranca Street to Mesa Drive, be restricted to permit only parking, Sunday through Saturday, every day from 8:00 p.m. to 6:00 a.m. Traffic Committee Recommendation: That parking on Virginia Avenue, from Barranca Street to Mesa Drive, be restricted to permit only parking, Sunday through Saturday, every day between 8:00 p.m. to 6:00 a.m. and that existing red curb be removed where adjacent residents agree. III. Request.: Deborah Victoria, West Covina Resident That no parking on street sweeping days be implemented on Bixby Avenue, from Workman Avenue to Shamwood Street, every Tuesday of each month from 7:00 a.m. to 3:30 p.m. Traffic Committee Recommendation: That no parking on street sweeping days be implemented on Bixby Avenue, from Workman Avenue to Shamwood Street, every Tuesday of each month from 7:00 a.m. to 3:30 p.m. IV. Request. Marii Gidolens and Diane Brown, West Covina Residents That red curb be painted on the north side of Garvey Avenue North, west of Vincent Avenue. Traffic Committee Recommendations: That 65 feet of curb be painted red on the north side of Garvey Avenue North, west of Vincent Avenue. That 20 feet of curb on both sides of the driveway at 1015 West Garvey Avenue North be painted red. CITY CLERK'S OFFICE 6) Initiating the November 5, 2013 General Municipal Election It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2013, WITH THE SCHOOL DISTRICT ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT THE ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2013 4 Agenda material is available at www.westcovina.org Tuesday June 04, 2013 COMMUNITY DEVELOPMENT COMMISSION 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 TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA. BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2013-2014, AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 18, 2013 COMMUNITY SERVICES DEPARTMENT 8) Acceptance of Older Americans Act Grant Funds to Support Senior Meals Program 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 ACCEPT GRANT FUNDS THROUGH THE OLDER AMERICANS ACT UNDER TITLE III C-1 IN THE AMOUNT OF $677,584 TO SUPPORT THE CITY OF WEST COVINA'S ELDERLY NUTRITION PROGRAM AND TO AUTHORIZE THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS RELATED TO CONTRACT NUMBER ENP-1216-018 BETWEEN THE CITY OF WEST COVINA AND THE COUNTY OF LOS ANGELES COMMUNITY AND SENIOR SERVICES FIRE DEPARTMENT 9) Authorization for Fireworks Display It is recommended that the City Council validate staffs administrative approval for the following displays. 1. Fireworks display at the West Covina High School Graduation Ceremony to be held on June 6, 2013. 2. Fireworks display at the City of West Covina Independence Day Celebration to be held on July 4, 2013, at Edgewood Middle School. PUBLIC WORKS 10) Southern California Gas Company Request to Perform Work on Plaza Drive Currently Under Moratorium It is recommended that the.City Council approve Southern California Gas Company's request to perform work on Plaza Drive from Vincent Avenue to California Avenue that is currently under moratorium until 2014, and authorize the Public Works Director/City Engineer to issue a permit under the City's Municipal Code exceptions provision for work deemed by City Council to be in the best interest of the general public. COUNCILMEMBER REPORTS 11) AB1.234 - International Council of Shopping Centers (ICSC) & Contract Cities Meeting and Conference Report It is recommended that the City Council receive and file the report. 5 Agenda material is available at www.westcovina.org Tuesday June 04, 2013 ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION END OF CONSENT CALENDAR PUBLIC HEARINGS 12) West Covina Landscape Maintenance District No. 4 13) West Covina Landscape Maintenance District No. 6 14) 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: 12) 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, 2013 13) 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, 2013 14) 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, 2013 .Motion by second by adopt disapprove hold over 6 Agenda material is available at www.westcovina.org Tuesday June 04, 2013 15) Public Hearing Code Amendment No. 13-01 Pylon (Freestanding) Signs General Exemption The purpose of this hearing is the approval of certain amendments to the Zoning section of the West Covina Municipal Code as it relates to pylon (freestanding) signage standards for commercial uses. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: The Planning Commission and staff recommend that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF . WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO PYLON SIGNS FOR COMMERCIAL USES Motion by second by introduce disapprove hold over _ ROLL CALL: Herfert, McIntyre, Sotelo, Sykes, Sanderson 16) Public Hearing Code Amendment No. 13-02 Vehicle Sales General Exemption The purpose of this hearing is consider amending the West Covina Municipal Code for vehicle sales. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: The Planning Commission and staff recommend that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO VEHICLE SALES Motion by second by introduce disapprove hold over _ ROLL CALL: Herfert, McIntyre, Sotelo, Sykes, Sanderson 7 Agenda material is available at www.westcovina.org Tuesday June 04, 2013 17) Public Hearing Urgency Ordinance Extending the Moratorium Prohibiting the Construction of Residential Structures on Vacant Properties in the South Hills Subdivision to Study Single -Family Development Standards in the Residential Agricultural/Single Family Zone and Providing a Progress Report on the Code Amendment Under Consideration The proposed extension of the moratorium would extend the 45-day moratorium adopted by the City Council on May 7, 2013 for an additional 10 months and 15 days. 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 ordinance to extend the moratorium on 79 vacant properties located on Skyview Lane, Rolling Hills Road, Countrywood. Lane, Hidden Valley Drive, Inspiration Point, Outlook Lane, Horizon Hills Drive, Majestic Street, and Mountain Ridge Road: ORDINANCE NO. - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, EXTENDING A MORATORIUM FOR AN ADDITIONAL PERIOD OF TEN MONTHS AND FIFTEEN DAYS, PROHIBITING . CONSTRUCTION OF RESIDENTIAL STRUCTURES ON VACANT PROPERTIES 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 8 Agenda material is available at www.wesicovina.org Tuesday June 04, 2013 DEPARTMENTAL REGULAR MATTERS PUBLIC WORKS 18) Councilmember Robert Sotelo Consideration of Demolition and Removal of the Galster Park Upper (Boys) Camp Restroom Building It is recommended that the City Council direct staff to demolish the existing Galster Park upper/boys camp restroom facility. Motion by second by approve disapprove hold over CITY MANAGER'S OFFICE 19) Feasibility Study for Los Angeles County Fire Protection and Paramedic Services It is recommended that the City Council provide City staff direction in this matter. Motion by to second by MAYOR/COUNCILMEMBERS REPORTS No reports. 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 majorio) of the City Council/Community Development Commission.) No reports. CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting - CC O6/18/2013 7:00 PM 9 Agenda material is available at www.westcoviiia.org Tuesday Tune 04, 2013 RULES OF DECORUM The following are excerpts front 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 decorurn, 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. 10 Agenda tnaterial,is available at www.westcovina.org