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06-03-2014 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY JUNE 03, 20141 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.westcovina.ortr. 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. KULL3 W UK(,UKUM 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 CEFMFYTHAT ACOPY OFTHE COUNCILAGENDA FOR THE MEETING OF 613 114 WAS POSTED IN ACC ANCE WITH THE 01/87 BROWN ACT AMENDMENT DA o5- 2q-14 OFIIII-07 CITY CLERK Tuesday June 03, 2014 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY JUNE 03, 201417:00 PM REGULAR MEETING INVOCATION West Covina Police Officer Jeff Mosley PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Presentation from Muscular Dystrophy Association West Covina Firefighters Association Local 3226 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) Regular Council Meeting Minutes of March 18, 2014 Special Council Meeting Minutes of April 1, 2014 Regular Council Meeting Minutes of April 1, 2014 Special Council Meeting Minutes of April 7, 2014 COMMISSION SUMMARY OF ACTIONS (receive & file) 2) Community and Senior Services Commission - March 11, 2014 3) Planning Commission - May 13, 2014 and May 27, 2014 2 Agenda material is available at www.westcovina.org Tuesday June 03, 2014 CLAIMS AGAINST THE CITY 4) 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. Graciela Araujo vs. City of West Covina Carlos & Vilma Cuevas vs. City of West Covina TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 5) 6) Traffic Committee Meeting Minutes of March 18, 2014 This item was held over at the request of the resident at the April 1, 2014 City Council meeting: L Request: Lola Finley, West Covina Resident That speeds be reviewed on Woodgate Drive and intersections of Woodgate Drive at Courtnay Circle an d L Request. Charles and Janet Souza, West Covina Residents That Parking on the south side of Palm Drive at 1824 Palm Drive be restricted to permit only parking. Traffic Committee Recommendation: That parking on the south side of Palm Drive at 1824 Palm Drive be restricted tol permit only parking. II. Request: City Initiated That the traffic conditions be reviewed for Norma Avenue between Calvados Avenue and Citrus Street. I Traffic Committee Recommendations: That on Norma Avenue from Calvados Avenue to Citrus Street be posted at 25 miles - per -hour with a radar enforced plate. I, That an ordinance be introduced amending Sections 22-131 of the West'i Covina Municipal Code relating to the reduction of the posted speed limits on Normal Avenue from Calvados Avenue to Citrus Street from 35 miles -per -hour to 25 miles -per -hour. Agenda material is available at www.westcovina.org Tuesday June 03, 2014 b. It is recommended that the City Council introduce the following ordinance to reduce the posted speed limit on Norma Avenue from Calvados Avenue to Citrus Street from 35 miles -per -hour to 25 miles -per -hour. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-131 OF THE WEST COVINA MUNICIPAL CODE SECTION TITLED "INCREASES OF STATE LAW MAXIMUM SPEEDS" TO REDUCE THE SPEED LIMIT ON NORMA AVENUE 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 INTENTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2014-2015, AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 17, 2014 COMMUNITY SERVICES DEPARTMENT 8) Amended and Restated Community Recreation Program Agreement Between the City of West Covina and West Covina Unified School District It is recommended that the City Council take the following actions: 1. Approve the Amended and Restated Community Recreation Program Agreement between the City of West Covina and West Covina Unified School District; and 2. , Authorize the Mayor to execute the agreement to continue allowing joint use of the various School District properties for recreational purposes by the City of West Covina. 9) Orangewood Park Soccer Complex It is recommended that the City Council direct staff to proceed with the Request for Proposals (RFP) to retain a designer for the Orangewood Park Soccer Complex phases I through III. 10) Discover West Covina Newsletter It is recommended that the City Council approve the following actions: Approve Option No. 3, which authorizes Sari Art & Printing to print the twelve (12) page Discover West Covina Newsletter for Fiscal Year 2014-2015 and mail to residential and business addresses in West Covina; and 2. Approve the two (2) year agreement with Gary Lawson to solicit advertisements for the Discover West Covina Newsletter. 4 Agenda material is available at www.westcovina.org Tuesday June 03, 2014 POLICE DEPARTMENT 11) Asset Forfeiture Funds for Continued Police Information Technology Services It is recommended that the City Council take the following actions: 1. In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (c), which states that professional services, including computer consultants, are exempt from bidding procedures, approve an Information Technology Infrastructure Service Agreement ("Agreement") for up to $150,000 with Scientia Consulting Group, for continued specialized police information technology services, from account 117.31.3119.6120, and authorize the Mayor to execute the Agreement; and 2. Appropriate a total of $150,000 in available federal asset forfeiture from the fund balance of Fund 117 into 117.31.3119.6120 for continued police information technology services. 12) Professional Services Agreement with All City Management Services for City Crossing Guard Services , It is recommended that the City Council: 1. In accordance with Municipal Code Section 2-330, dispense with the bidding process and enter into a professional services agreement with All City Management Services of Santa Fe Springs, California, for approximately $472,221 over a three year period; 2. Approve the three year agreement in substantial form; and 3. Authorize the Mayor of the City of West Covina to execute the professional services agreement. 13) 2014 Justice Assistance Grant from U.S. Department of Justice It is recommended that the City Council approve the 2014 Bureau of Justice Assistance (BIA) Justice Assistance Grant and authorize the appropriation of an estimated $24,017 for future grant purchases, as follows: • $5,000 into 130.31.3113.5113 for supplemental overtime for enforcement • $10,517 into 130.31.3113.6220 for law enforcement supplies • $8,500 into 130.31.3113.6215 for police computer supplies PUBLIC WORKS 14) Lot Line Adjustment No. 182 4141 S. Nogales Street 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, APPROVING LOT LINE ADJUSTMENT NO. 182 AT 4141 S. NOGALES STREET AND DIRECTING THE RECORDATION THEREOF (VALLEY NOGALES 2469 LLC) 1 5 Agenda material is available at www.westcovina.org Tuesday June 03, 2014 15) CalRecycle Grant Application Approval - Five Year Period 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 THE SUBMITTAL OF APPLICATIONS FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF WEST COVINA IS ELIGIBLE FOR FIVE YEARS FROM THE DATE OF THE ADOPTION OF THIS RESOLUTION COUNCILMEMBER REPORTS 16) Letter of Support for the Completion of Interstate 710 It is recommended that the City Council support the completion of Interstate 710 and submit a letter of support of the 710 Coalition. 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 6 Agenda material is available at www.westcovina.org Tuesday June 03, 2014 HEARINGS APPEAL HEARINGS 17) Appeal of Planning Commission Approval of Conditional Use Permit No. 13-04 Categorical Exemption Applicant: Los Angeles SMSA (Standard Metropolitan Statistical Area) LP (DBA Verizon Wireless) Appellant: Sheena Heng and Property Owners in South Hills Location: 2655 S. Citrus Street (South Hills Country Club) The applicant is requesting a conditional use permit to install a 60-foot tall freestanding wireless telecommunications facility designed to resemble a eucalyptus tree at South Hills Country Club, near the intersection of E. Cameron Avenue and S. Barranca Street. 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 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 APPROVING CONDITIONAL USE PERMIT NO. 13-04 Motion by second by adopt disapprove hold over 7 Agenda material is available at www.westcovina.org Tuesday June 03, 2014 PUBLIC HEARINGS 18) Public Hearing Code Amendment No. 14-02 Guest Houses General Exemption The proposed code amendment will consist of changes to the regulations in the Municipal Code as it pertains to Guest Houses in Single -Family residential zones. The proposed code amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3). 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 GUEST HOUSES Motion by second by introduce disapprove hold over ROLL CALL: Spence, Sykes, Toma, Warshaw, Herfert 8 Agenda material is available at www.westcovina.org Tuesday June 03, 2014 19) West Covina Landscape Maintenance District No. 4 20) West Covina Landscape Maintenance District No. 6 21) West Covina Landscape Maintenance District No. 7 a) Verification of publications 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: 19) 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, 2014 20) 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, 2014 21) 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, 2014 Motion by second by adopt disapprove hold over MAYOR/COUNCILMEMBERS REPORTS COUNCILMEMBER MIKE SPENCE 22) Report Regarding the Process and Cost of an Audit by State Controller's Office for the City of West Covina It is recommended that the City Council direct staff to prepare and send a letter to the State Controller's Office requesting an audit of the agreed upon list of items to be examined by the State Controller's Office. Motion by second by approve disapprove hold over 9 Agenda material is available at www.westcovina.org Tuesday June 03, 2014 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 06/17/2014 7:00 PM 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, e11 xcept 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. 10 Agenda material is available at www.westcovina.org Tuesday June 03, 2014 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. 11 Agenda material is available at www.westcovina.org