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03-04-2014 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY MARCH 04, 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.westcovina.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 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. I CERTIFY THAT A COPY OF 1T%�E� COUNCIL AGENDA FOR THE MEETING OF 3 / 4 p, AS POSTED IN ACCORDANCE WITH THE 01/87 BROWN ACT AMENDMENT DATED: s/a 7// 0- OFFICE OF THE CITY CLERK Tuesday March 04, 2014 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY MARCH 04, 2014, 7:00 PM REGULAR MEETING INVOCATION Officer Jeff Mosley West Covina Police Department PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Presentation Community Services Volunteers of the Year - Luanne Arredondo, Recreation Services Volunteer of the Year - Les Leufroy, Community Services Volunteer of the Year Presentation Edgewood High School Academic Decathlon Team 1 st Place Los Angeles County Academic Decathlon Super Quiz 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 City Council Meeting Minutes of February 4, 2014 Regular City Council Meeting Minutes of February 4, 2014 2 Agenda material is available at www.westcovina.org Tuesday March 04, 2014 TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 2) Traffic Committee Meeting Minutes of February 18, 2014 L Request: David Ly, Property Owner That no parking on street sweeping days be implemented on the south side of Robindale Avenue from Glendora Avenue to Wren Way (private street) every Monday of each month from 12:00 p.m. to 4:00 p.m. for street sweeping purposes. Traffic Committee Recommendation: That no parking on street sweeping days be implemented on south side of Robindale Avenue from Glendora Avenue to Wren Way (private street) every Monday of each month from 12:00 p.m. to 4:00 p.m. for street sweeping purposes. II. Request: Rod Nourafshan, Property Manager That commercial vehicles parking on the south side of Francisquito Avenue from Sunset Avenue to easterly property line of the retail center be prohibited and 220 feet of red curb between driveways be installed. Traffic Committee Recommendation: That commercial vehicles parking on south side of Francisquito Avenue from Sunset Avenue to easterly property line of the retail center be prohibited and install 220 feet of red curb between driveways and 55 feet of red curb to the east and west of the driveways. CITY MANAGER'S OFFICE 3) Co -Sponsorship of East San Gabriel Valley Japanese Community Center Cherry Blossom Festival It is recommended that the City Council take the following actions: 1. Approve the co-sponsorship of the East San Gabriel Valley Japanese Community Center Cherry Blossom Festival on March 29, 2014; and 2. Authorize the City Manager to waive the Temporary Use Permit and fire permit fees. 4) Co -Sponsorship of Parents' Place 22nd Annual Information Fair & Festival It is recommended that the City Council take the following actions: 1. Approve the co-sponsorship of Parents' Place 22nd Annual Information Fair and Festival on April 27, 2014; and 2. Authorize the City Manager to waive the Temporary Use Permit, fire permit fee, and park rental fee. 5) Letter of Opposition to Assembly House Resolution 29 (Gomez) - Related to Outsourcing of Public Services It is recommended that the City Council take the following actions: 1. Oppose Assemblymember Jimmy Gomez' (51 st District) Assembly House Resolution 29, which seeks to limit a city's effort to address service delivery challenges by contracting out various services; and 2. Instruct City staff to send a letter of opposition to Assembly House Resolution 29 to the State representatives that serve the City of West Covina 3 Agenda material is available at www.westcovina.org Tuesday March 04, 2014 6) Co -Sponsorship of St. Christopher's Church's Carnival & Festival It is recommended that the City Council take the following actions: 1. Approve the co-sponsorship of St. Christopher's Church's Carnival & Festival on April 11 - 13, 2014; and 2. Authorize the City Manager to waive the Temporary Use Permit and fire permit fee. COMMUNITY SERVICES DEPARTMENT 7) Resolution Applying for Los Angeles County Park Funds for Walmerado Park Playground It is recommended that the City Council take the following actions: 1. Adopt the following resolution, committing to match funds provided by Los Angeles County and Macy's Inc. to build a new playground at Walmerado Park: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, COMMITTING THE USE OF FUTURE PARK DEDICATION FUNDS FOR THE CONSTRUCTION OF A NEW PLAYGROUND AT WALMERADO PARK 2. Earmark up to $175,000 of future Park Development Fees for the construction of a new playground at Walmerado Park. PUBLIC WORKS 8) Renewal of the Citywide Lighting and Maintenance District and Landscape Maintenance Districts Nos. 4, 6, and 7 - Ordering of Engineer's Reports It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH PROPOSITION 218 AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND LIGHTING ACT OF 1972," BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN LANDSCAPING AND LIGHTING MAINTENANCE IN THE CITY OF WEST COVINA, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2014 - WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT (2014-2015) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2014-2015 - WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 (2014-2015) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2014-2015 - WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 (2014-2015) 4 Agenda material is available at www.wesicovina.org Tuesday March 04, 2014 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2014 - 2015 - WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 (2014-2015) 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 9) Public Hearing Proposed Amendments to the FY 2013-2014 Community Development Block Grant (CDBG) Action Plan The purpose of this hearing is to receive public comment on proposed amendments to the FY 2013-2014 Action Plan that addresses the use of CDBG funds for the purpose of meeting the goals of providing decent housing, a suitable living environment, and expanded economic opportunities, principally for low- and moderate income persons. 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 amendments to the FY 2013-2014 CDBG Action Plan as detailed on Table 1 of the report and authorize appropriations necessary to implement the amendments. Motion by second by approve disapprove hold over 5 Agenda material is available at www.westcovina.org Tuesday March 04, 2014 10) Public Hearing Authorization to Draft the FY 2014-2015 Community Development Block Grant (CDBG) Action Plan The purpose of this hearing is to receive public comment on proposed recommendations for the FY 2014-2015 CDBG Action Plan, which will guide the City's use of CDBG funds for the next fiscal year. 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 direct staff to develop a draft FY 2014-2015 CDBG Action Plan, based on the needs and priorities previously identified in the 2010-2015 Consolidated Plan. Motion by second by approve disapprove hold over 11) Public Hearing Code Amendment No. 13-05 Donation Drop Boxes General Exemption The purpose of this hearing is to consider the proposed code amendment to the zoning section of the Municipal Code as it pertains to donation drop boxes. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close testimony 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 DONATION DROP BOXES Motion by second by introduce disapprove hold over ROLL CALL: Spence, Sykes, Toma, Warshaw, Herfert 6 Agenda material is available at www.westcovina.org Tuesday March 04, 2014 12) Public Hearing Urgency Ordinance Establishing a Moratorium to Prohibit the Issuance of Approvals for the Operation of Adult Oriented Businesses to Study Development Standards and Providing a Progress Report on the Code Amendment Under Consideration The purpose of this hearing is to consider the proposed extension of the moratorium involving adult oriented businesses development standards for an additional 10 months and 15 days. 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 adopt the following ordinance to extend the moratorium regarding Adult Oriented Businesses: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, EXTENDING A MORATORIUM FOR AN ADDITIONAL PERIOD OF TEN MONTHS AND FIFTEEN DAYS, PROHIBITING THE ISSUANCE OF APPROVALS FOR THE OPERATION OF ADULT ORIENTED BUSINESSES TO STUDY DEVELOPMENT STANDARDS PENDING COMPLETION OF STUDY AND REPORT BY THE PLANNING COMMISSION PERTAINING TO THE PROPER CONDITIONS AND REGULATIONS FOR SUCH USES, DECLARING THIS AN INTERIM ZONING ORDINANCE, AND SETTING FORTH FACTS CONSTITUTING THE SAME AS AN URGENCY ORDINANCE Motion by second by adopt disapprove hold over _ ROLL CALL: Spence,,Sykes, Toma, Warshaw, Herfert DEPARTMENTAL REGULAR MATTERS FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT 13) Fiscal Year 2013-14 Mid -Year Budget Review It is recommended that the City Council: 1. Receive and file the Fiscal Year 2013-14 Mid -Year Budget Report; 2. Approve increases to Estimated Revenues detailed in Attachment No. 10 to the report; and 3. Approve increases to Appropriations (Expenditures) detailed in Attachment No. 10 to the report. Motion by second by approve disapprove hold over 7 Agenda material is available at www.westcovina.org Tuesday March 04, 2014 MAYOR/COUNCILMEMBERS REPORTS COUNCILMEMBER MIKE SPENCE 14) Permits to Carry Concealed Weapons (CCW) It is recommended that the City Council receive and file this report. Motion by second by to COUNCILMEMBER JAMES TOMA 15) City Attorney Request for Proposals - General & Successor Agency Counsel, and Litigation Services It is recommended that the City Council discuss this matter and direct staff accordingly. Motion by second by to COUNCILMEMBER COREY WARSHAW 16) Review of West Covina Municipal Code, Sections 2-400 to 2-405 - Campaign Contributions It is recommended that the City Council review the existing provisions of the West Covina Municipal Code, sections 2-400 to 2-405, relating to Campaign Contribution regulations and provide direction on possible changes to the current Code sections. Motion by second by to 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.) 8 Agenda material is available at www.westcovina.org Tuesday March 04, 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 Fred Sykes Requesting the City Council to Instruct City Staff to Initiate a Code Amendment to Prohibit Medical Marijuana Dispensaries and to Prepare an Urgency Ordinance Establishing a Moratorium on Such Uses 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 03/18/2014 7:00 PM 9 Agenda material is available at www.westcovina.org Tuesday March 04, 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. 10 Agenda material is available at www.westcovina.org