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07-16-2013 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY JULY M 2013; 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 9.1790 Mayor Shelley Sanderson Mayor Pro Tem Steve-Herfert Councilmember Andrew McIntyre Councilmember Robert Sotelo Councilmember Fredrick Sykes Please turnoff all cell phones and other electronic devices prior to entering the Council Chambers AMERICANS IFITII 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 Tlursday. 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 servicesat Council meetings, please request no less than four working daysprior to the meeting. AGENDA MATERIAL ' Agenda material is available for review at :tile City Clerk's Office, Room 317 in City Hall, 1444" W. Garvey Avenue, West Covina and at ivww.ivesicovina.orz. Any writings o'r 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. Flail located at 1444 W. Garvey Avenue, West Covina, during nonnal 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 I'UBLIC COMMENTS. ADDRESSING THE CITY COUNCIL (Per- JVCvIC 2-48, Ordnance No. 2150) Any person wishing to address the City Council on any matter listed on the agenda or on any other matter within their jitrisdiction 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 itenz ar non -agenda. Requests to speak on agenda items will be heard prior to requests to speak on nod -agenda items All comments are limited to five (5) minutes per speaker. .Oral Communications may be limited to thirty (30) minutes, unless spealzers addressing agenda items have not concluded. Any testimony or comments.regarding a matter set fora Public hearing will be heard during the hearing. r RULES OF DECOR UM 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 7 ►A6e WAS POSTED IN ACCORDANC i�i1HE 01187 BROWN ACT AMENDUM DATED: �/ ��,� OFFICE OF THE CITY CLER�-�--- Tuesday July 16, 2013 TUESDAY JULY 162 20137 7:00 PM REGULAR MEETING INVOCATION Pastor Mason Okubo Immanuel First Lutheran Church PLEDGE OF ALLEGIANCE ` ROLL CALL REPORTING OUT FROM CLOSED.iSESSION CHANGES TO THE AGENDA PRESENTATIONS Certificate of Recognition West Covina American Legion Post 790 ORAL COMMUNICATIONS - Five (5). minutes per sneaker Please step forward io 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 nreinbers of the City Council/Conuarunity Developrtrent Commission request specific items to be"r•euroved fromthe Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) Regular Council Meeting Minutes - June 4, 20`13 COMMISSION SUMMARI' OF ACTIONS (receive & file) 2) Community Services/Senior Citizens Commission -May 14, 2013 and June 11, 2013 3) Planning Commission'- July 9, 2013 2 Agenda material is a. vailable at tvivw.westeovina.org Tuesday July 16, 2013 AWARD Or BID 4) Award of Bid for Americans 4ith Disabilities ` Act s(ADA) .Improvements at Four Park Playgrounds including Woodchips and ' Safety IZubber Matting (P ro j ect No:' PP-13203) It is recommended that the City Council award the bid.to Green Giant :Landscaping, Inc., in the amount of $85. 636 as submitted on July 2 2013,.and author ze. -be Public. Works Director/City Engineer and City Clerk to execute an agreement with Green Giant Landscaping, Inc., to perform safety improvements at Cortez; Friendship, Gingrich, and Shadow Oak Park playgrounds. TREASURER'S REPORT {receive &�iile) . 5) City Treasurer's Reports for February.2013 through May 2013 It is recommended that the City Council receive and file the Treasurer's Reports. CITY CLERK'S; OFFICE 6) Destruction of Documents as Prescribed by Law_ It is recommended that the City -Council adopt the following resolution authorizing the destruction of specific records: RESOLUTION NO.. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF, WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN DOCUMENTS:AS PRESCRIBED BYLAW FINANCE DEPARTMENT/ADMINISTRATIVE SERVICES 7) Approval of New:Position Class; Specifications: Tr 1) Assistant City Manager/CDC Director 2) Finance and AdministrativeSei'vices _Director 3) Administrative Services Manager 4) Revenue Manager It is recoinm'ended that the City. Council adopt the following resolutions:. RESOLUTION. NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF `WEST COVINA, CALIFORNIA, APPROVING THE CLASS SPECIFICATION FOR ASSISTANT CITY MANAGER/CDC'DIRECTOR RESOLUTION NO. - A RESOLUTION OF' THE CITY COUNCIL OF THE CITY OF, WEST COVINA, CALIFORNIA, APPROVING THE CLASS SPECIFICATION FORFINANCE AND.ADMINISTRATIVE:SERVICES DIRECTOR RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIIA APPROVING THE CLASS SPECIFICATION FOR;ADMINISTRATIVE SERVICES MANAGER; RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST. COVINA,- CALIFORNIA., APPROVING THE CLASS SPECIFICATION FOR REVENUE MANAGER 3 Agenda Material is. available «t.jvtvw;`tvestcovin..arg Tuesday July 16,.2013 8) Payment :of FY 2013-14 Excess Liability Insurance Coverage and Approval of . ContinueOMembership`with th6 Big lndeperident Cities Excess Pool (BICEP) 1. Authorize payment of the'City's 2013-14 excess liability insurance coverage with the Big Independent Cities. Excess Pool (BICEP) in the amount of $329,494 to be paid from account 361.15.1530.64H. 2. Approve West Covina's continued membership in BICEP for an additional three years beginning July, 1, 2013: 9) Payment of FY 2013-14 Excess Workers' Compensation Insurance Coverage Authorize payment of the City's 2013-14 Excess, Workers' Compensation coverage with the Big Independent Cities Excess Pool (BIC-EP), in the amount of $73,352 to be paid from account 363.15.1530.6418. POLICE DEPARTMENT 10) 2012-13 Supplemental Law Enforcement Services fund (SLESF) Grant It is recommended that the City Council: 1. Accept the 2012-2013 Supplemental Law Enforcement Services Fund (SLESF) grant, and appropriate the estimated $171,598 grant as follows: - $33 629 into 155.31.311-0.6.120 for Graffiti Tracker and LEXIPOL services - $54 000 into 155.31.3110.5112 for 'a supplemental part-time Sergeant position - $83969 into 155.31.3110.6999 for police supply items 2. Authorize the addition of one part-time Sergeant position (0.5 FTE), to exist, as long as grant funding remains: 11) Asset Forfeiture Funds for Police Computer Security Items It is recommended that the City Council, take the ,following actions: 1. Appropriate a total'of $111,000 in federal asset forfeiture from the fluid balance of Fund; 1.17 for the purchase of computer items;. as follows: - $90000 into 117.31.3119.7130 for computer equipment $21 000 into 117.3 1.3 119.6120 for police mobile data services 2. In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec.; 2-333 (i), waive the bid process, and authorize the purchase of computer virt'ualization equipment (including a server assembly,, storage array-,- software, support and licensing) directly from DuraTech, USA, Inc., (the vendor offering:the lowest price) for $31,123, including tax and shipping, from`account 117.3 1.3 119.113 0. 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 . 4 Agenda material is available at ivivw. vestcovina.org Tuesday July 16,2013 HEARINGS i. APPEAL HEARINGS 12) Appeal of,Planning Commission Denial. of Snbcomm'ittee for.-DesigwReview No. 12-03. Categorical Exemption Applicant/Appellant: Leonar&Rad,0msk1y. Location: Adjacent to Sunnmerplace Village condominium complex, at the end of S. Dryden Lane on the east'side of-th'e street (Assessor's hdentfication Number'8743-002-036) . This item was continued from the March 19, 2013, A ril 16, 2013, and June 18, 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 Bearing 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 second by adopt disapprove holdover 5 Agendawiaterial is available at ivwrv.` vestcovina.oxg. Tuesday July 16, 2013 PUBLIC HEARINGS' 13) General flan Amendment No. 0-61 Zone Change No. 13-01 Mitigated Negative Declaration of Environmental Impact Applicant: 'WC Homes LLC (Craig Coole). Location: 1611, 1623, and 1773 W. San Bernardino Road The purpose of this hearing is to provide for public comment on the proposed project to construct; 135 town -home units on a 6.46-acre site at the cited, location to include additional parking for the business park located at 1773 West San Bernardino Road and a general plan amendinent to change the General Plan .land use designation from "Industrial and Manufacturing" to "Residential High". a) Verification of publication b) Open hearing c) Staff presentation d) Public'lestimony e) Close hearing f) Council discussion g) Recommendation: The Planning Commission and staff recommend that the City Council adopt the following resolutions: - 1) RESO;LUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIF,ORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT: FOR GENERAL PLAN AMENDMENT NO. 13-01, ZONE CHANGE NO. 13:01, AND TENTATIVE TRACT MAP NO. 72152 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED 2) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL. OF THECITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL .PLAN AMENDMENT NO. 13-01 The Planning Commission and:`staff further recommend that the City Council introduce the following ordinance: 3).AN ORDINANCE OF THE, CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE -CHANGE NO. 13-01 Motion by second by adopt disapprove hold over Tuesday July 16, !2013 SUCCESSOR AGENCY Recess the City Council meeting aC p M. to convene the Successor Agency meeting. SEE SEPARATE AGENCY AGENDA Reconvene the City Council meeting at p.m. MAYOR/COUNCILME'1VIBERS! REPORTS No reports. AB1234 Conference and Meeting Report (wrbal,,if arty) (In .accordance with AB 1234, 'Counctltneinbers shall ' make a Grief report or file a written report otz any nteetingle17etidconferet ce attended at'City expense) CITY COUNCIL REQUESTS FOR -REPORTS, STUDIES.OR INVESTIGATION (Per City of West Covina Standing Rules 4 f - Re4iiests for repot ls' studies or investigations that are not readily available nntst be placed on the City CounciWoninnunity Development Commission agenda as items of business and must be approved by cr niajorily of the City CoutcillCotiunzatit}i Development Co)?Imission.) MAYOR SHEI:LEY SANDERSON 14) Request from Mayor: Shelley Sanderson to Send.a Letter to: Governor Jerry Brown. Seeking Diect Funding.for Cities to: Address Impacts. of AB' 1 Realignment)09 (Public Safety It is recommended that the City Council direct staff accordingly. Motion by second by to COUNCILMEMBER ANDREW MCINTYRE 15) Request froni Councilmember Andrew Mc.Intyre•Seeking theUty-Council's Support to Consider an Urdinance'Piirsuant to the Spirit of Petition It is recommended that the City Council direct staff accordingly. Motion by second by to MAYOR PRO TiEMSTEVE HER.FERT 16) Request from Mayor Pro Tem Steve:I3erfert Seeking the City Council's Support to have City Staff Prepare a::Repo'euBanning.Donation Drop Boxes in ;th'e Community. It is recommended that the, City Council direct staff accordingly. Motion by secondby to 7 Agen-dtr material is mailable at, ivwtv:westcovi�za:org Tuesday July 16,2013 CITY COUNCIL 2 COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting - CC 08/06/2013 7:00 PM RULES OF DECORUM The following 'are'exce'rpts front the Nest 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 oraLcomnwnications. (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 lie or she will testify truthfully, willfully and contrary to such oath states as true any material platter. which he knows to be 'false may be held to answer criminally and subject to the penalty prescribed for peijury.by the provisions ofthe PenalCode 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 e.ccerpis front the Penal Cotle 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, ori by iboth 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'refen-ed to in Section 303 of the Penal Code or Section 18340 of the Elections Code, is guilty ofa misdemeanor. g Agenda material is available at ►vlvw.lvesteovinmorg.