01-10-2012 - Special•
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CITY OF WEST COVINA
CITY COUNCIL
TUESDAY JANUARY 10, 2012
5:45 P.M. CLOSED SESSION, 7:00 P.M. OPEN SESSION
SPECIAL MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE
WEST COVINA, CALIFORNIA 91790
1 MW"THATA COPYOFTHE c AGENDAFOR
Mayor Michael Touhey THE MEETING OF of I to P,,,aWAS POND IN
Mayor Pro Tem Sherri Lane F!£OWBROWNACTMANDIIr1ENi
Councilmember Steve Herfert °� os xoiZ
Councilmember Shelley Sanderson0 FI TY
Councilmember Fredrick Sykes
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.wesicoviiia.org. 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/Community Development Commission will regularly convene in joint session on the first and
third Tuesday of the month. The 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/COMMUNITY DEVELOPMENT COMMISSION
(Per WCMC 2-48, Ordinance No. 2150)
Any person wishing to address the City Council/Community Development Commission 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/Secretary.
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 the agenda.
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Tuesday January 10, 2012
AGENDA
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY JANUARY 10, 2012
SPECIAL MEETING
CLOSED SESSION - CITY MANAGER'S CONFERENCE ROOM 5:45 ,P.M.
ROLL CALL
PUBLIC COMMENTS ON ITEMS ON THE AGENDA — Closed Session Items
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Pasmant, Bachman
• Employee Organizations
- Confidential Employees - General Employees
- Maintenance & Crafts Employees - Mid -Management Employees
- Non -Sworn Safety Support Employees - W.C. Police Officers' Association
- W.C. Police Management Association - W. C. Firefighters' Management Assoc.
- W.C. Firefighters' Association, I.A.F.F., Local 3226
City Negotiator: Pasmant
• Miscellaneous Unrepresented Management Employees, including
-Assistant City Clerk -Fire Chief
-Assistant City Manager -Director of Human Resources
-Community Development Commission -Planning Director
Director -Police Chief
-Community Services Director -Public Works Director and City Engineer
-Deputy City Manager - Director of Risk Management
-Finance Director
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(a)
Community Redevelopment Association vs. Matosantos
Recess the City Council closed session discussion at p.m. to convene the City
Council open session in the City Council Chambers at p.m.
OPEN SESSION - CITY HALL COUNCIL CHAMBERS, 1ST FLOOR 7:00 P.M.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
CONSENT CALENDAR
COMMUNITY DEVELOPMENT COMMISSION - Miscellaneous
1) Designating the City of West Covina as the Successor Agency for the Redevelopment
Agency (Community Development Commission)
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, ELECTING TO BECOME THE
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Agenda material is available at www.westcovina.org
E
Tuesday January 10, 2012
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF
WEST COVINA PURSUANT TO PART 1.85 OF DIVISION 24 OF THE
CALIFORNIA HEALTH AND SAFETY CODE
ACTION ON CONSENT CALENDAR
Motion by second by
to approve all items listed on the Consent Calendar as presented
except:
ROLL CALL: Herfert, Lane, Sanderson, Sykes, Touhey
HEARINGS
APPEAL HEARING
2) General Plan Amendment No. 11-01
Zone Change No. 11-01
Appeal of Precise Plan No. 11-02
Appeal of Tree Removal Permit No. 11-04
Appeal of Variance No. 11-08
Appeal of Tentative Tract Map No. 71595
Negative Declaration of Environmental Impact
Location: 1607 West Covina Parkway (Southeast corner of West Covina Parkway
and West Garvey Avenue South - Civic Center)
Applicant: Peichin Lee (CGM Development, Inc.)
The project consists of the development of a 2.69-acre site with a 55,674 square foot,
four-story professional/medical office development project. On November 22, 2011, the
Planning Commission denied Precise Plan No. 11-02, Tree Removal Permit No. 11-04,
Variance No. I1-08 and Tentative Tract Map No. 71595. Subsequently, the applicant
has filed an appeal to the City Council.
a) Verification of publication
b) Open hearing
c) Staff presentation
d) Public testimony
e) .Close hearing
f) Council discussion
g) Recommendation: Staff recommends that the City Council adopt the following
resolutions:
1) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING OF THE NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN
AMENDMENT NO. 11-01, ZONE CHANGE NO. 11-01, PRECISE PLAN NO. 11-02,
TREE REMOVAL PERMIT NO. 11-04, VARIANCE NO. 11-08 AND TENTATIVE
TRACT MAP NO. 71595, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT OF 1970, AS AMENDED
2) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT NO. 11 -0 1
3) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION
OF THE PLANNING COMMISSION AND APPROVING PRECISE PLAN NO. 11-02
AND TREE REMOVAL PERMIT NO. 11-04
4) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION
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Agenda material is available at www.westcovina.org
Tuesday January 10, 2012
OF THE PLANNING COMMISSION AND APPROVING VARIANCE NO. 11-08
5) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION
OF THE PLANNING COMMISSION AND APPROVING TENTATIVE TRACT MAP
NO. 71595
Motion by
adopt disapprove
second by
hold over
to
Staff further recommends that the City Council introduce the following ordinance:
6) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, APPROVING ZONE CHANGE NO. 11 -0 1
Motion by second by
introduce disapprove hold over
ROLL CALL: Herfert, Lane, Sanderson, Sykes, Touhey
DEPARTMENTAL MATTERS
COMMUNITY DEVELOPMENT COMMISSION
3) Disposition and Development Agreement with CGM Development, Inc.
It is recommended that the City Council approve the Disposition and Development
Agreement ("DDA") with CGM Development, Inc. ("CGM") and authorize the City
Manager, or his designee, to execute all agreements necessary to implement
the professional/medical office development project.
Motion by
approve
ADJOURNMENT
second by
disapprove hold over
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Agenda material is available at www.westcovina.org
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Tuesday January 10, 2012
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.
Agenda material is available at www.westcovina.org