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12-17-2013 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY DECEMBER 17, 2013, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 Mayor Steve Herfert Mayor Pro Tem Fredrick Sykes Councilmember Mike Spence Councilmember James Toma Councilmember Corey Warshaw 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.ivestcovina.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 boards, as necessary. 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 COPY OF THE COUNCIL AGENDA FOR THE MEETING OF //-I Y3 WAS POSTED IN ACCORDANC THE 037 BROWN ACT AMENDMENT DATA OFFICE OF THE CnY CLERK Tuesday December 17, 2013 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY DECEMBER 17, 2013, 7:00 PM REGULAR MEETING INVOCATION Pastor Grace Wabuki Faith Community Church PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Certificates of Recognition SHOP Volunteers - Billie Meneghal - Howard Leach - Floyd Crowell - Joan Geaudreace - Bob Munoz _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 City Council Meeting Minutes of November 19, 2013 Regular City Council Meeting Minutes of November 19, 2013 COMMISSION SUMMARY OF ACTIONS (receive & file) 2) Planning Commission - December 10, 2013 2 Agenda material is available at www.westcovina.org Tuesday December 17, 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. • William Puklus vs. City of West Covina • Celine Chen vs. City of West Covina • Anne Karnos vs. City of West Covina • Emily Turner vs. City of West Covina • Ana Zamora vs. City of West Covina AWARD OF BID 4) Award of Bid for Trail Repair Work at Heritage Park Funded by Los Angeles County Park Bond Monies (Project No. PP-13209) It is recommended that the City Council take the following actions: 1. Award the bid to Micon Construction, Inc., in the amount of $97,618.00 as submitted on December 10, 2013, and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement with Micon Construction, Inc. to perform trail improvements at Heritage Park. 2. Appropriate funding in the amount of $140,000 to Capital Improvement Project No. 143.82.8331.7700 as pre -approved from the Los Angeles County Regional Park and Open Space District Prop A Maintenance and Servicing Funds. 5) Award of Bid for Construction of Bus Pads, Curb and Gutter Repair, Sidewalk and Wheelchair Ramps (Project Nos. SP-14103, SP-14104, SP-14105, and SP-14106) It is recommended that the City Council accept the bid of Gentry Brothers, Inc. of Irwindale in the amount of $247,096.00 as submitted at the bid opening on November 21, 2013, and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement with Gentry Brothers, Inc. for the work to be done. 6) Approve and Award of Bid for Bus Stop Enhancement Program (Project No. SP-14115) It is recommended that the City Council take the following actions: 1. Approve and award the contract to Malibu Pacific Tennis Court, Inc. of Westlake Village in the amount of $126,625.00 as submitted at the bid opening on November 21, 2013, and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement with Malibu Pacific Tennis Court, Inc. for the work to be done. 2. Appropriate funding in the amount of $70,000 to Capital Improvement Project No. 232.81.8431.1900 as pre -approved from the Foothill Transit Authority's Bus Stop Enhancement Program Grant. CITY MANAGER'S OFFICE 7) Cancellation of the January 7, 2014 City Council Meeting It is recommended that the City Council cancel the City Council meeting of January 7, 2014, due to the upcoming holidays. 3 Agenda material is available at www.westcovina.org Tuesday December 17, 2013 COMMUNITY SERVICES DEPARTMENT 8) Partnership with the Greater West Covina Business Association for the 2014 Summer Concert Series It is recommended that the City Council take the following actions: 1. Approve a partnership with the Greater West Covina Business Association (GWC) to provide the 2014 Summer Concert Series at the Civic Center; and 2. Authorize the City Manager to execute an agreement with the GWC to manage the 2014 Summer Concert Series at a cost not to exceed $15,500, with funds identified in the West Covina Community Services Foundation. 9) Authorization to Apply for Housing -Related Parks Program Funds 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, AUTHORIZING APPLICATION FOR HOUSING RELATED PARKS GRANT FIRE DEPARTMENT 10) Award of Purchase, Video Conferencing Equipment for the Los Angeles Area Fire Chiefs Association Regional Smart Classroom Project It is recommended that the City Council take the following action. 1. Appropriate $36,410.75 from Account No. 110.32.3210.7160 to purchase video conferencing equipment in accordance with the pricing and terms secured by the Los Angeles Area Fire Chiefs Association (as shown on the CDW-G, Inc. sales quotation). The City will be reimbursed for the full cost of $36,410.75 for SMART Classroom and be recorded as grant revenue in the General Fund. ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented except: ROLL CALL: Spence, Sykes, Toma, Warshaw, Herfert ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION END OF CONSENT CALENDAR 4 Agenda material is available at www.westcoviiia.org Tuesday December 17, 2013 HEARINGS PUBLIC HEARINGS 11) . Continued Public Hearing Zone Change No.13-03 Mitigated Negative Declaration of Environmental Impact Applicant: Jay Deckard and Phil Becerra, Warmington Residential Location: 502 and 520 South Lark ' Ellen Avenue (Formerly St. Martha's Episcopal Church and Dove Day School) This hearing was continued from the November 19, 2013 City Council meeting. The purpose of this hearing is to change the zoning to a Specific Plan to all the construction of 45 single family homes and open space on a 5.7 acre property. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close testimony f) Council discussion g) Recommendation: The Planning Commission and Planning staff recommend that the City Council adopt the following resolution: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ZONE CHANGE NO. 13-03, TENTATIVE TRACT MAP NO. 72320 AND TREE REMOVAL PERMIT NO. 13-05 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED Motion by second by adopt disapprove hold over The Planning Commission and Planning staff further recommend that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 13-03 Motion by second by introduce disapprove hold over ROLL CALL: Spence, Sykes, Toma, Warshaw, Herfert 5 Agenda material is available at www.westcovina.org Tuesday December 17, 2013 12) Public Hearing Code Amendment No. 13-03 Residential Agricultural/Single Family Zone Development Standards General Exemption The purpose of this hearing is to consider the proposed code amendment that consists of certain amendments to the Zoning section of the West Covina Municipal Code for Residential Agricultural/Single-Family Residential Zone development standards. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close testimony f) Council discussion g) Recommendation: The Planning Commission Council introduce the following ordinance: and staff recommend that the City 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 RESIDENTIAL AGRICULTURAL/SINGLE FAMILY ZONE DEVELOPMENT STANDARDS Motion by second by introduce disapprove hold over ROLL CALL: Spence, Sykes, Toma, Warshaw, Herfert DEPARTMENTAL REGULAR MATTERS COMMUNITY SERVICES DEPARTMENT 13) Award of Bid for. City of West Covina Fixed Route and Dial -A -Ride Transit Service It is recommended that the City Council take the following actions: 1. Accept the bid of MV Transportation, Inc., in the amount not to exceed $4,953,125 (Average of $990,625/year) for a five-year period commencing on March 3, 2014; and 2. Authorize the City Manager to finalize the terms for the transit service agreement with MV Transportation, Inc.; and 3. Authorize the City Manager and City Clerk to execute a transit service agreement for the services outlined in the Request For Proposals. Motion by i second by to 6 Agenda material is available at wwmwestcovina.org Tuesday December 17, 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 01/07/2014 7:00 PM 7 Agenda material is available at www.westcovina.org Tuesday December 17, 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 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. 8 Agenda material is available at www.westcovina.org