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06-18-2013 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY JUNE 189 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 DISA BILITIES A CT 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.ivestcovina.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 itent 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. 1 CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF �/0/� WAS POSTED IN ACCORDAN E E 7 BROWN ACT AMENDMENT DATED. 6 �/3 / 3 D/l OFFICE OF THE CITY CLERK Tuesday June 18, 2013 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY JUNE 18, 2013, 7:00 PM REGULAR MEETING INVOCATION Pastor Kelly Dupee West Covina Police Department Chaplain Faith Community Church PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Certificate of Recognition Athens Services Clean Up Saturdays Certificate of Recognition West Covina American Legion Post 790 Certificate of Recognition Los Angeles County Older American Honoree Barbara Roddy ORAL COMMUNICATIONS - Five (5) minutes per sneaker 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) Regular Council Meeting Minutes of May 7, 2013 COMMISSION SUMMARY OF ACTIONS (receive & file) 2) Planning Commission - June 11, 2013 2 Agenda material is available at www.westcovina.org Tuesday June 18, 2013 ORDINANCES FOR ADOPTION 3) Ordinance for Adoption Code Amendment No. 13-01 Pylon (Freestanding) Signs General Exemption This ordinance was introduced at the Council meeting of June 4, 2013. The purpose of the ordinance is to amend the West Covina Municipal Code standards related to pylon signs for commercial uses. The ordinance will become effective 30 days after its adoption on July 18, 2013. 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 CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO PYLON SIGNS FOR COMMERCIAL USES 4) Ordinance for Adoption Code Amendment No. 13-02 Vehicle Sales General Exemption This ordinance was introduced at the City Council meeting of June 4, 2013. The purpose of this ordinance is to amend the West Covina Municipal Code standards related to vehicle sales. This ordinance will become effective 30 days after its adoption on July 18, 2013. 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 CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO VEHICLES SALES COMMUNITY SERVICES DEPARTMENT 5) Award of Bid for City of West Covina Fixed Route and Dial -A -Ride Transit Service It is recommended that the City Council: 1. Accept the bid of MV Transportation, Inc. in the amount of $5,060,339 (cumulative) -year period commencing on August 1, 2013; 2. Authorize an increase in fares to utilize the Fixed Route and Dial -A -Ride services from 50 cents to $1.00 for one-way travel, beginning on August 1, 2013; 3. Authorize the City Manager to negotiate the. final terms for the transit service agreement with MV Transportation, Inc.; and 4. Authorize the City Manager and City Clerk to execute a transit service agreement for the services outlined in the Request for Proposals. FINANCE DEPARTMENT 6) Appropriations Limit for Fiscal Year 2013-2014 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, 2014 3 Agenda material is available at www.westcovina.org Tuesday June 18, 2013 POLICE DEPARTMENT 7) 2013 BJA Justice Assistance. Grant It is recommended that the City Council approve the 2013 BJA Justice Assistance Grant and authorize the appropriation of an estimated $23,168 for future grant purchases, as follows: • $5,000 into 130.31.3112.5113 for supplemental overtime for enforcement • $11,168 into 130.31.3112.6220 for law enforcement supplies • $7,000 into 130.31.3112.6215 for police computer supplies PUBLIC WORKS 8) West Covina Landscape Maintenance District No. 1 Setting of 2013-2014 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 ASSESSMENT FOR THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. l AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2013 9) West Covina Landscape Maintenance District No. 2 Setting of 2013-2014 Assessment Rate It is recommended that the .City Council adopt the following resolution, which provides for the assessment rates to be increased by 2.0% from 6.30 cents to 6.43 per 100 dollars of assessed valuation. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ASSESSMENT FOR THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2013 10) Co -Operative Agreement with the County of Los Angeles to Modify the Traffic Signal at the Intersection of Badillo Street and Orange Avenue (City Project No. TP-13502) It is recommended that the City Council authorize the Public Works Director/City Engineer to execute a Co-operative Agreement with the County of Los Angeles to,. modify the traffic signal at the intersection of Badillo Street and Orange Avenue. 4 Agenda material is available at www.westcovina.org Tuesday June 18, 2013 11) Municipal NPDES Permit Compliance It is recommended that the City Council take the following actions: 1. Authorize the Public Works Director/City Engineer to sign and submit a Notice of Intent (NOI) to the California Regional Water Quality Control Board, Los Angeles Region (Regional Board) by June 28, 2013, committing the City of West Covina to an Individual Watershed Management Plan (I-WMP). 2. Contract with the City's consultant, TECS Environmental, which serves other cities in the region, and who has provided a cost estimate of $60,000 to prepare an I-WMP. ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented except: ROLL CALL: Herfert, McIntyre, Sotelo, Sykes, Sanderson ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION END OF CONSENT CALENDAR 5 Agenda material is available at www.westcoviiia.org Tuesday June 18, 2013 HEARINGS APPEAL HEARINGS 12) Appeal of Planning Commission Denial of Subcommittee for Design Review No. 12-03 Categorical Exemption Applicant/Appellant: Leonard Radmoskiy 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) This item was continued from the March 19, 2013 and April 16, 2013 City Council meetings at the request of the applicant. The applicant is appealing the denial by the Planning Commission of Subcommittee for Design Review No. 12-03. a) Open hearing b) Staff presentation c) Public testimony d) Close hearing e) Council discussion f) Recommendation: The Planning Commission recommends that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND DENYING SUBCOMMITTEE FOR DESIGN REVIEW NO. 12-03 Motion by adopt disapprove PUBLIC HEARINGS second by hold over 13) West Covina Citywide Lighting and Maintenance District The purpose of this hearing is to consider all written and oral comments regarding the level of assessments, maintenance and capital improvement work being proposed. 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, 2013 Motion by second by adopt disapprove hold over 6 Agenda material is available at www.svestcoviiia.org Tuesday June 18, 2013 14) West Covina Citywide Sewer Service Charge The purpose of this hearing is to give property owners an opportunity to comment on the annual method of. collection of the assessment for the Citywide Sewer Service Charge that is impacted by State regulations. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Recommendation:. It is recommended that the City Council approve a 2.2% rate increase for the Fiscal Year 2013-2014 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 second by adopt disapprove hold over 15) FY 2013-2014 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 $161,366 in CDBG funds to the Public Service Projects as outlined and authorize the necessary appropriations. Motion by i second by to 7 Agenda material is available at www.westcovina.org Tuesday June 18, 2013 16) Public Hearing Regarding West Covina Auto Plaza Business Improvement District 2013-2014 Annual Report and Assessment The purpose of this hearing is to allow public comments on, and confirmation of the Annual Report and assessment of the West Covina Auto Plaza Business Improvement District for Fiscal Year 2013-2014. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) 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 CONFIRMING THE ANNUAL REPORT FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2013-2014 Motion by second by adopt disapprove hold over DEPARTMENTAL REGULAR MATTERS FINANCE DEPARTMENT 17) Adoption of the City of West Covina Fiscal Year 2013-14 Annual Operating and Capital Improvement Program Budget It is recommended that the City Council: 1. Review and discuss the Fiscal Year 2013-14 Proposed Operating and Capital Improvement Program Budget, and take action as appropriate, and 2. Adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE CITY OF WEST COVINA; COMMUNITY DEVELOPMENT COMMISSION; SUCCESSOR AGENCY; WEST COVINA COMMUNITY SERVICES FOUNDATION, INCORPORATED; CAPITAL IMPROVEMENT PROGRAM; AND LOCAL ENFORCEMENT AGENCY OPERATING BUDGETS AND APPROVING THE APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2013 AND ENDING JUNE 30, 2014 . Or, if the City Council chooses to postpone adoption of the Fiscal Year 2013-14 Budget until after June 30, 2013, they can alternatively adopt the following resolution, which carries over spending authority to the new fiscal year: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO CONTINUE APPROPRIATIONS CONSISTENT WITH THE 2012-2013 FISCAL YEAR CITY OF WEST COVINA; COMMUNITY DEVELOPMENT COMMISSION; SUCCESSOR AGENCY; WEST COVINA COMMUNITY SERVICES FOUNDATION, INCORPORATED; AND LOCAL ENFORCEMENT AGENCY OPERATING BUDGETS UNTIL TIIE ADOPTION OF THE FISCAL YEAR 2013-2014 ANNUAL BUDGET Motion by second by adopt disapprove hold over 8 Agenda material is available at www.westcovina.org Tuesday June 18, 2013 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 majority of the City Council/Community Development Commission.) No reports. CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting - CC 07/02/2013 7:00 PM 9 Agenda material is available at www.wesicovina.org Tuesday June 18, 2013 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. 10 Agenda material is available at www.westcovina.org