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02-05-2013 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY FEBRUARY 05, 20135 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 Mayor Shelley Sanderson Mayor Pro Tem Steve Herfert Councilmember Robert Sotelo Councilmember Fredrick Sykes Please t►►r►► qff all cell phones and other electronic devices prior to entering the Council Chambers AMERICANS WITH DISABILITIESACT 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 ►vivmwestcovi►►a.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 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 us, 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. 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 A COPY OF THE COUNCIL AGENDA FOR TIi MEETING OF o;X /05/ 13 WAS POSTED IN ACC RDANC�rE WITH THE 01187 BROWN ACT AMENDMENT DAy of/3t/.Zot,3 OFFICEQFITHE Cf CLERK Tuesday February 05, 2013 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY FEBRUARY 05, 2013, 7:00 PM REGULAR MEETING INVOCATION Reverend Lisa Lamb Community Presbyterian Church PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Certificates of Recognition 2012 Community Services Volunteer of the Year Nornia Marx 2012 Recreation Services Volunteer of the Year Carolyn Laskowsky 2012 Senior Services Volunteer of the Year John Hughes ORAL COMMUNICATIONS - Five (5) minutes per sneaker 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/Coinrnunity 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 October 16, 2012 Regular City Council Meeting Minutes of October 16, 2012 COMMISSION SUMMARY OF ACTIONS (receive & file) 2) Community Services Commission - March 13, 2012 2 Agenda material is available at www.westcoviiia.org Tuesday February 05, 2013 3) Human Resources Commission -November 14 2012 4) Senior Citizens Commission - February 23, 2012 & April 26, 2012 ORDINANCES FOR ADOPTION 5) Ordinance for Adoption Brandywine Homes at Valinda Zone Change No. 12-01 This ordinance was introduced at the City Council meeting of January 15, 2013. The purpose of this ordinance is to approve a zone change for the project area to change the designation from "Single -Family Residential" (R-1) to "Specific Plan No. 25" (Waverly Specific Plan), which will support and facilitate the development of the project. The ordinance will become effective on March 7, 2013, thirty days after its adoption. 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, APPROVING ZONE CHANGE NO. 12-01 TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 6) Traffic Committee Meeting Minutes of January 15, 2013 - (accept & file) L Request: City Initiated Review school signage, pavement markings, and striping for Hollingworth Elementary School. Trafftc Committee Recommendations: That school crosswalk markings be repainted at Hollingworth Street and Sentous Avenue, Ferntower Avenue and Hollingworth Street, and Ferntower Avenue and Quinnel Drive. That "Slow School Xing" pavement messages on northbound and southbound Ferntower Avenue at Quinnel Drive be repainted. That a four -inch solid yellow stripe be installed on the eastbound and westbound approaches of Hollingworth Street at Sentous Avenue and install school advance warning Assembly "D". That school crossing warning Assembly "B" be relocated next to the school crosswalk. That Stop Ahead sign and pavement message be installed on the southbound approach of Ferntower Avenue at Hollingworth Street and install stop bar four feet from the school crosswalk. That school advance warning Assembly "D" be installed on the westbound approach of Hollingworth Street at Ferntower Avenue. That existing school speed limit Assembly "C" be changed from 25 miles per hour to 15 miles per hour on Hollingworth Street. IL Request: Elsie Messman, West Covina Resident 3 Agenda material is available at www.westcovina.org Tuesday February 05, 2013 That no parking on street sweeping days be implemented on every Friday of each month from 9:00 a.m. to 3:00 p.m. on the following street segments. Street Natr<e''� Fromm Patty Court Patricia Street End of Street Pauline Street Patricia Street Priscilla Drive Pauline Street Priscilla Drive Paula Street Pearl Court Penny Street End of Street Penny Street Priscilla Drive End of Street Phoebe Court Petunia Street End of Street Pele Court Petunia Street End of Street Traffic Committee Recommendations: That no parking on street sweeping days be implemented on every Friday of each month from 9:00 a.m. to 3:00 p.m. on the following street segments. is Street Name : Fromk 0T' .. Patty Court Patricia Street End of Street Pauline Street Patricia Street Priscilla Drive Pauline Street Priscilla Drive Paula Street Pearl Court Penny Street End of Street Penny Street Priscilla Drive End of Street Phoebe Court Petunia Street End of Street Pele Court Petunia Street End of Street That the existing no parking on street sweeping days restriction time interval be changed from 7:00 a.m. to 3:00 p.m. to 9:00 a.m. to 3:00 p.m. on,Peggy Court from Pauline Street to the end of the street. TREASURER'S REPORT (receive & file) 7) City Treasurer's Report for the Month of December 2012 FIRE DEPARTMENT 8) City of West Covina Update on Emergency Preparedness It is recommended that the City Council receive and file this informational report. HUMAN RESOURCES 9) RESOLUTION FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT It is recommended that the City Council adopt the following resolution to ensute the City's compliance with the Public Employees' Medical and Hospital Care Act (PEMCHA) fixing the City's medical contribution for employees and retirees. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT 4 Agenda material is available at www.westcovina.org Tuesday February 05, 2013 10) Approval of Revised Classification Specification for Police Commander 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 THE REVISED CLASSIFICATION FOR POLICE COMMANDER PUBLIC WORKS 11) Lot Line Adjustment No. 178 3101, 3109, and 311.7 East Garvey Avenue North LA Fitness 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. 178 AT 3101, 3109, AND 3117 EAST GARVEY AVENUE NORTH AND DIRECTING THE RECORDATION THEREOF (WEST COVINA LANDOWNERS LLC) 12) Lot Line Adjustment No. 179 4101 and 411.1 South Nogales Street Retail Center 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. 179 AT 4101 AND 4111 SOUTH NOGALES STREET AND DIRECTING THE RECORDATION THEREOF (BUTA BUDDHIAM RESEARCH CENTER AND CHI LI HOU) ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented except: ROLL CALL: Herfert, Sotelo, Sykes, Sanderson ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION END OF CONSENT CALENDAR. 5 Agenda material is available at www.westcovina.org Tuesday February 05, 2013 APPEAL HEARINGS 13) Appeal of Planning Commission Deemed Denial of an Application for Variance No. 12-09 and Administrative Use Permit No. 12-19 Categorical Exemption Location: 3008 Cordova Court Applicant: Eliazar Becerra/Barbara Ma The purpose of this appeal hearing is to consider the applicant's request for approval of a variance to deviate from the required side yard setback and an administrative use permit to legalize an existing expansion to the second floor of the dwelling unit for a project previously denied by the Planning Commission. a) Verification of notification b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion' g) Recommendation: Staff recommends that the City Council approve the applicant's appeal allowing a 168-square foot one-story addition and a 185-square foot two- story addition to the single-family house by adopting the following resolutions: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING VARIANCE NO. 12- 09 TO REDUCE THE REQUIRED 10-FOOT SIDE YARD SETBACK TO 7 FEET, 2 INCHES RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ADMINISTRATIVE USE PERMIT NO. 12-19 TO ALLOW A 185-SQUARE FOOT ADDITION TO AN EXISTING SECOND -STORY Motion by second by adopt disapprove hold over DEPARTMENTAL REGULAR MATTERS CITY CLERK'S OFFICE to 14) Review of Letters of Interest and Consideration of Appointment to Fill the Vacancy on City Council for the Unexpired Term Ending November 2013 It is recommended that the City Council review the Letters of Interest submitted to fill the vacancy on the City Council for the term ending November 2013 and either fill the vacancy on the City Council by appointment or provide other direction to City staff. Motion by second by to 6 Agenda material is available at wivw.westcovina.org Tuesday February 05, 2013 SUCCESSOR AGENCY Recess the City Council meeting at p.m. to convene the Successor Agency meeting. SEE SEPARATE AGENCY AGENDA Reconvene the City Council meeting at p.m. MAYOR/COUNCILMEMBERS REPORTS No reports. AB1234 Conference and Meeting Report (verbal, if any) (In accordance with Ala 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 02/19/2013 7:00 PM 7 Agenda material is available at ww►v.westcovina.org Tuesday February 05, 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 exeerpts.froin 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.westeovina.org