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05-06-2014 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY MAY 06, 2014, 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.westcoviumo. 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 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. KULCJVt UCC UMUM 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 '151 4 J/gWAS POSTED IN ACCORDANCE 01 BROWN V AMENDMENT DATED: l' 6t i OFFICE OF CITY Tuesday May 06, 2014 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY MAY 06, 2014, 7:00 PM REGULAR MEETING INVOCATION Pastor Grace Wabuke Faith Community Church PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Certificate of Recognition West Covina High School's Robotic Alliance of West Covina Certificate of Recognition West Covina Home Depot #8463 Outstanding Community Service Certificate of Recognition Coronado High School Model Continuation School Certificate of Recognition Church of Jesus Christ of Latter Day Saints Outstanding Community Service 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 removedfrom the Consent Calendar for separate discussion or action. I COMMISSION SUMMARY OF ACTIONS (receive & file) 1) Planning Commission - April 22, 2014 2 Agenda material is available at www.westcovina.org Tuesday May 06, 2014 ORDINANCES FOR ADOPTION 2) Consideration of Ordinance Rescinding Project Approval for Parkside Corporate Center This ordinance was introduced at the City Council meeting of April 15, 2014. The purpose of this ordinance is to repeal Ordinance No. 2225 which approved Zone Change No. 11-01 for the proposed project at 1607 West Covina Parkway (Southeast corner of West Covina Parkway and West Garvey Avenue South - Civic Center). The ordinance will take effect 30 days after its adoption on June 5, 2014. 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, REPEALING ORDINANCE NO. 2225 AWARD OF BID 3) Award of Bid for Major and Residential Street Rehabilitation Work (Project Nos. SP-14107 and SP-14108) It is recommended that the City Council approve and award the contract to Gentry Brothers, Inc., in the reduced amount of $1,051,850.000 and authorize the Mayor and City Clerk to execute the contract for the residential street rehabilitation work. TREASURER'S REPORT (receive & file) 4) City Treasurer's Report for the Quarter Ended March 31, 2014 It is recommended that the City Council receive and file this report. CLAIMS AGAINST THE CITY 5) 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. - Val Detre vs. City of West Covina - Joseph Salvaggio vs. City of West Covina - Project Resources Group vs. City of West Covina CITY MANAGER'S OFFICE 6) Letter of Support to California Senate Bill 983 (Hernandez) -Related to Card Lock Fuel Stations It is recommended that the City Council take the following actions: 1. Support California State Senator Dr. Ed Hernandez' Senate Bill 983 (SB 983), which seeks to change the allocation of sales tax on card lock fuel stations from the office where the contract was negotiated to the stations where the fuel is pumped; and 2. Instruct City staff to send a letter of support of Senate Bill 983 to the State representatives that serve the City of West Covina. 3 Agenda material is available at www.westcovina.org Tuesday May 06, 2014 COMMUNITY SERVICES DEPARTMENT 7) Amendment to the City of West Covina's 1992 & 1996 Los Angeles County Proposition "A" Safe Neighborhood Parks-Youth.Employment Plan It is recommended that the City Council approve an amendment to the City of West Covina's 1992 & 1996 Los Angeles County Proposition "A" Safe Neighborhood Parks - Youth Employment Plan to include the Walmerado Park Playground Project. FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT 8) California Department of General Services, Office of Administrative Hearings Service Agreement It is recommended that the City Council authorize the Mayor to execute the California Department of General Services, Office of Administrative Hearing Service Agreement, in order to allow the City of West Covina to receive administrative law judge services for the next five years. FIRE DEPARTMENT 9) Authorization for Fireworks Display Pursuant to the West Covina Municipal Code, Section 10-27 (3301.2), it is recommended that the City Council grant the following fireworks displays. 1. Fireworks display at the Edgewood High School graduation ceremony to be held on May 28, 2014. 2. Fireworks display at the West Covina High School graduation ceremony to be held on May 29, 2014. 3. Fireworks display for the City of West Covina Independence Day Celebration to be held on July 4, 2014, at Edgewood School. PUBLIC WORKS 10) 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 17, 2014 TO APPROVE CITYWIDE ASSESSMENTS COMMENCING IN FISCAL YEAR 2014-2015 TO FUND THE OPERATION AND MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE DISTRICT 4 Agenda material is available at www.westcovina.org Tuesday May 06, 2014 11) West Covina Citywide Sewer Service Charge Setting a Public Hearing Date on the 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 17, 2014, FOR A PUBLIC HEARING ON THE METHOD OF COLLECTION AND FEE INCREASES 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 END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 12) FY 2014-2015 Community Development Block Grant (CDBG) Action Plan The purpose of this hearing is for the City Council to review the proposed FY 2014-2015 Community Development Block Grant (CDBG) Action Plan, consider any written and oral comments received regarding the proposed Plan and approve the Plan. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close testimony f) Council discussion g) Recommendation: It is recommended that the City Council approve the proposed FY 2014-2015 CDBG Action Plan. Motion by second by approve disapprove hold over 5 Agenda material is available at www.westcovina.org Tuesday May 06, 2014 SUCCESSOR AGENCY Recess the City Council meeting at Meeting. Reconvene the City Council meeting at SEE SEPARATE AGENCY AGENDA MAYOR/COUNCILMEMBERS REPORTS No reports. p.m. to convene the Successor Agency p.m. 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.) COUNCILMEMBER MIKE SPENCE 13) Request from Councilman Mike Spence for City Council's Consideration to Instruct City Staff to Prepare a Report Regarding the Process and Cost of an Audit by the State Controller's Office It is recommended that the City Council direct staff accordingly. Motion by second by to CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting - CC 05/20/2014 7:00 PM 6 Agenda material is available at www.westcovina.org Tuesday May 06, 2014 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. 7 Agenda material is available at www.westcovina.org