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09-16-2014 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY SEPTEMBER 16, 2014, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE �C��E� WEST COVINA, CALIFORNIA 91790 �N Mayor Steve Herfertyi1iH Mayor Pro Tem Fredrick Sykes Councilmember Mike Spence Councilmember James Toma 0 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.o. 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 uvai uz,, as PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL (Per WCMC 2-48, Ordinance No. 21 SO) 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., RULESOFDECORUM Excerpts from the West Covina Municipal Code and Penal Code pertaining to the Rules of Decorum will be found at the end of agenda. Tuesday September 16, 2014 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY SEPTEMBER 16, 2014, 7:00 PM REGULAR MEETING INVOCATION Police Officer Jeff Mosley West Covina Police Department PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS 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 Council Meeting Minutes of June 11, 2014 CLAIMS AGAINST THE CITY 2) Government Tort Claim Denials It is recommended that the City Council deny the following Government Tort Claim, and the claimant and/or his respective attorney be so.notified. - Pin Jui Chung vs. City of West Covina 2 Agenda material is available at www.westcovina.org Tuesday September 16, 2014 ORDINANCES FOR ADOPTION 3) Ordinance for Adoption Code Amendment No. 14-03 Medical Marijuana Dispensaries General Exemption This ordinance was introduced at the City Council meeting of September 2, 2014. The purpose of this ordinance is to amend the West Covina Municipal Code to prohibit the operation and establishment of medical marijuana dispensaries. The ordinance will become effective 30 days after its adoption on October 16, 2014. It is recommended that the City Council waive further reading and adopt the following ordinance: ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CITY OF WEST COVINA MUNICIPAL CODE TO PROHIBIT THE OPERATION AND ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES 4) Ordinance for Adoption Restrict Public Nuisance Vehicle Parking This ordinance was introduced at the City Council meeting of September 2, 2014. The purpose of this ordinance is to prohibit vehicles considered a public nuisance to be parked in residential areas. The ordinance will become effective 30 days after its adoption on October 16, 2014. It is recommended that the City Council waive further reading and adopt the following ordinance: ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING SECTION 22-192 OF ARTICLE V (STOPPING, STANDING AND PARKING) OF CHAPTER 22 (TRAFFIC REGULATIONS) OF THE WEST COVINA MUNICIPAL CODE PROHIBITING THE STOPPING, PARKING, OR STANDING OF NUISANCE VEHICLES UPON ANY STREET IN RESIDENTIAL ZONES AWARD OF BID 5) Award of Bid for the Los Angeles County Regional Park and Open Space District Tree Planting Grant (Project No. PP-14203) It is recommended that the City Council take the following action: 1. Award the Bid to West Coast Arborists, Inc. in the amount of $30,300 for the installation of 169 trees in ten (10) City parks, and authorize the Mayor to execute the contract. 2. Approve a 10% contingency in the amount of $3,030 and authorize the Interim Public Works Director/City Engineer to approve change orders up to the amount of the contingency. 3 Agenda material is available at www.westcovina.org Tuesday September 16, 2014 CITY ATTORNEY'S OFFICE 6) Cooperative Agreement between City and Successor Agency to the West Covina Redevelopment Agency It is recommended that the City Council approve the Cooperative Agreement between the City and Successor Agency to the West Covina Redevelopment Agency providing for reimbursement of City costs incurred on behalf of the Successor Agency. CITY CLERK'S OFFICE 7) Biennial Review of the City's Conflict of Interest Codes It is recommended that the City Council adopt the following resolutions amending the Conflict of Interest Codes for the City of West Covina, the West Covina Community Development Commission and the Successor Agency to the West Covina Redevelopment Agency: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE CITY OF WEST COVINA RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE WEST COVINA COMMUNITY DEVELOPMENT COMMISSION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE SUCCESSOR AGENCY TO THE WEST COVINA REDEVELOPMENT AGENCY COMMUNITY SERVICES DEPARTMENT 8) Co-Sponsorship'of St. Christopher's Church's Fall Carnival & Festival It is recommended that the City Council take the following actions: 1. Approve the co-sponsorship of St. Christopher's Church's Fall Carnival & Festival on October 17-19, 2014; and 2. Authorize the City Manager to waive the Temporary Use Permit, Fire Permit, Showmobile Rental, and the Public Right Away Banner Installation Fee. 9) Extension of Bus Shelter Advertising Agreement with Clear Channel Outdoor, Inc. It is recommended that the City Council take the following actions: 1. Approve a one (1) year extension, through June 30, 2015, with Clear Channel Outdoor, Inc. to provide bus shelter advertising; and 2. Authorize the Mayor to execute up to four (4) additional one year extensions, upon successful completion of the terms of the agreement. 4 Agenda material is available at www.westcovina.org Tuesday September 16, 2014 10) Co -Sponsorship of Plaza West Covina/Los Angeles County Office of Education Holiday Hiring Spree It is recommended that the City Council take the following actions: 1. Approve the co-sponsorship of Plaza West Covina Holiday Hiring Spree on Wednesday, October 1, 2014; and 2. Authorize the City Manager to waive the Fire Department Special Event Permit fee for the event. PLANNING DEPARTMENT 11) Housing Element Annual Progress Report (2007-2014) It is recommended that the City Council receive and direct staff to submit the Housing Element Annual Progress Report (2007-2014) to the California Department of Housing and Community Development (HCD) as required by the State of California. POLICE DEPARTMENT 12) 2013 State Homeland Security Grant Program (SHSGP) Funds for Vehicle -Mounted Police Radios It is recommended that the City Council accept and appropriate the 2013 State Homeland Security Grant Program (SHSGP) grant totaling $150,000 into 227.31.3110.7160 for police vehicle -mounted radios. 13) Private Grant from Kaiser Permanente for Domestic Violence Victim Services It is recommended that the City Council accept the new Kaiser Permanente grant and appropriate the $2,500 grant as follows: • $1,500 into 221.31.3113.5113 for overtime • $1,000 into 221.31.3113.6050 for training 14) Extension of Service Contract with Nationwide Cost Recovery Services through December 31, 2014 to Administer Existing Foreclosure Ordinance It is recommended that the City Council take the following actions: 1. Authorize the Mayor to sign and execute a contract extension with Nationwide Cost Recovery Services of Diamond Bar, CA to continue the ongoing program of registering and monitoring foreclosed residential properties through December 31, 2014; 2. Authorize City staff to execute a Purchase Order agreement through December 31, 2014, of up to $47,500 with Nationwide Cost Recovery Services, using funds already budgeted in 110.31.3125.6110. 3. Direct City staff to prepare a Request for Proposals (RFP) for Registering and Monitoring Foreclosed Residential Properties for City Council approval and issuance. 5 Agenda material is available at www.westcovina.org Tuesday September 16, 2014 15) Award of Bid - Professional Services Agreement with All City Management Services for City Crossing Guard Services It is recommended that the City Council: 1. Find that All City Management Services of Santa Fe Springs, California, is the sole responsive and qualified bidder for the contracting of City Crossing Guard Services; 2. Approve a Professional Services Agreement with All City Management Services in substantial form, for approximately $471,139 over three years, and Authorize the Mayor of the City of West Covina to execute the agreement, and 3. Direct the Finance Department to transfer Fiscal Year 2014-15 funds in the amount of $143,846 from account 110.31.3121.5112 (part-time salaries) to account 110.31.3121.6120 (contractual services). 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 September 16, 2014 HEARINGS PUBLIC HEARINGS 16) Public Hearing Code Amendment No. 13-04 Commercial Parking Standards General Exemption The purpose of this hearing is to consider a proposed code amendment that consists of certain amendments to the Zoning section of the West Covina Municipal Code as it pertains to commercial parking standards. a) Verification of publication b) Open hearing c) Staff report d) Open testimony e) Close testimony f) Council discussion g) Recommendation: The Planning Commission and Planning staff recommend that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO COMMERCIAL PARKING STANDARDS Motion by second by introduce disapprove hold over ROLL CALL: Spence, Sykes, Toma, Warshaw, Herfert SUCCESSOR AGENCY SEE SEPARATE AGENCY AGENDA The Mayor called a recess of the Council meeting to convene the Successor Agency Meeting at The City Council reconvened at 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.) 7 Agenda material is available at www.westcovina.org Tuesday September 16, 2014 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.) MAYOR PRO TEM FREDRICK SYKES 17) Request from Mayor Pro Tem Frederick Sykes Requesting the City Council's Support to Instruct City Staff to Prepare a Request for Proposal for Graffiti Abatement Services; and, Request Staff to Prepare a Report on How the Process Changed from the City Abating Graffiti on Edison Poles to Edison Only Being Able to Abate Graffiti on Edison Poles 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 10/07/2014 7:00 PM 8 Agenda material is available at www.westcovina.org Tuesday September 16, 2014 RULES OF DECORUM The following are excerpts front 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. 9 Agenda material is available at www.westcovina.org