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07-15-2014 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY JULY 15, 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 I CERTIFY THAT A COPY OF THE CWNCIL AGENDA FOR THE MEETING OF071/01il/ WAS POSTED IN JA DAN WITH THE 01187 BROWN ACT AMENDMENT DA i,4/ OF E TY CLERK 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 V Val U3. aJ 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. Tuesday July 15, 2014 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY JULY 159 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 Certificate of Recognition West Covina Pacific Coast Little League Minor Rays "City Minor Tournament Champions" Certificate of Recognition West Covina National Little League Seven and Eight Year Olds District 19 Tournament Champions Presentation John Hughes, West Covina Muscular Dystrophy Association Committee Support of the 4th of July Event 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 April 23, 2014 - 3:30 PM Special City Council Meeting Minutes of April 23, 2014 - 4:00 PM Special City Council Meeting Minutes of May 6, 2014 Regular City Council Meeting Minutes of May 6, 2014 .Special City Council Meeting Minute of May 12, 2014 2 Agenda material is available at www.westcovina.org Tuesday July 15, 2014 ORDINANCES FOR ADOPTION 2) Ordinance for Adoption General Plan Amendment No. 13-04 East Hills Master Plan Revision No. 13 Zone Change No. 13-04 Mitigated Negative Declaration of Environmental Impact Applicant: Brandywine Homes and the Irvine Asset Group (Brett Whitehead) Location: 3228, 3238 and 3244 Holt Avenue This ordinance was introduced at the City Council meeting of June 17, 2014. Subsequently, at the July 1, 2014 meeting, City staff requested that the item be carried over to the July 15, 2014 Council meeting. At the June 17, 2014 meeting; the City Council voted to amend the Zone Change to Specific Plan 28 to include a requirement in the CC&R's that the garages are to be used for parking and to add a pedestrian gate on Oak Knoll Drive. The changes have been made to the Specific Plan included as Exhibit A in the Zone Change Ordinance. The ordinance will become effective 30 days after its adoption on August 14, 2014. 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. 13-04. 3) Ordinance for Adoption Implementation of Low Impact Development Ordinance in Accordance with the Los Angeles County Municipal Stormwater Permit This ordinance was introduced at the regular City Council meeting of July 1, 2014. The purpose of this ordinance is to amend Section 9-36 of Article II of Chapter 9 of the West Covina Municipal Code, governing Stormwater and Urban Run -Off Pollution Control. The ordinance will become effective 30 days after its adoption on August 14, 2014. 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, AMENDING SECTION 9-36 OF ARTICLE II OF CHAPTER 9 OF THE WEST COVINA MUNICIPAL CODE RELATING TO STORMWATER AND URBAN RUN-OFF POLLUTION CONTROL CLAIMS AGAINST THE CITY 4) Government Tort Claim Denial It is recommended that the City Council deny the following Government Tort Claim, and the claimant and/or his respective attorney be so notified. Richard Lozano vs. City of West Covina . CITY MANAGER'S OFFICE 5) Cancelation of August 5, 2014 City Council Meeting It is recommended that the City Council cancel the August 5, 2014 City Council meeting due to National Night Out. 3 Agenda material is available at www.westcovina.org Tuesday July 15, 2014 COMMUNITY SERVICES DEPARTMENT 6) Extension of Public Safety and Public Works Radio Lease Agreement - 100 North Citrus Avenue It is recommended that the City Council approve a five (5) year lease extension between the City of West Covina and Davenport Citrus Partners, LLC for use of space at 100 North Citrus Avenue for the City's Public Safety and Public Works Radio System. FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT 7) Award of Professional Services Agreement for Cost Allocation Plan and Cost of Services Study It is recommended that the City Council authorize the City Manager to execute a professional services agreement with Revenue and Cost Specialists, LLC, to prepare a cost allocation plan and a cost of services study, for a not to exceed amount of $38,000 from account 110.13.131.6120, for the Mayor's signature. 8) Fiscal Year 2014-15 Investment Policy It is recommended that the City Council adopt the City's Investment Policy for Fiscal Year 2014-15. 9) Request from Councilmember James Toma for a Report on the City's Implementation of Recommendations of the Los Angeles County Civil Grand Jury Report Regarding Cities of Los Angeles County Fiscal Health, Governance, Financial Management and Compensation, Specifically the Implementation of a Fraud Reporting Policy It is recommended that the City Council receive and file this report. 10) Increase in Rates for Meyers Nave Legal Services Agreement It is recommended that the City Council approve the first amendment to agreement for labor attorney services with Meyers Nave. PLANNING DEPARTMENT 11) Award of Contract for General Plan Update Consultant It is recommended that the City Council: 1) Approve the selection of Rangwala Associates in the amount of $549,855 to provide consulting services associated with updating the City's General Plan. 2) Approve the participation of the Southern California Association of Governments (SCAG) in the General Plan Update. SCAG has agreed to provide $200,000 in funding for the project and will pay the consultant directly for their 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 4 Agenda material is available at www.westcovina.org Tuesday July 15, 2014 END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 12) Public Hearing Code Amendment No. 13-05 Donation Drop Boxes General Exemption The City Council held a public hearing on March 4, 2014. At that meeting, the City Council requested that the Planning Commission further study the issue of donation drop boxes at religious facilities. The proposed code amendment will consist of certain amendments 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 waive further reading and 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 5 Agenda material is available at www.westcoviiia.org Tuesday July 15, 2014 APPEAL HEARINGS 13) 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) This hearing was continued from the June 3, 2014 City Council meeting. The applicant is requesting a conditional use permit to install a 60-foot tall freestanding wireless telecommunications facility designed to resemble a eucalyptus tree (monoeucalyptus) 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 Department recommends that the City Council grant the applicant's request to continue the appeal of the Planning Commission's decision to approve Conditional Use Permit No. 13-04. The City Council should continue the item to the City Council meeting of September 2, 2014. Because the hearing will be continued to a date certain, no further notices are required to be mailed. Motion by second by to DEPARTMENTAL REGULAR MATTERS CITY CLERK'S OFFICE 14) Appointment of Community and Senior Services Commissioner It is recommended that the City Council adopt the following resolution appointing an individual to the Community and Senior Services Commission to serve the remaining three-year term that expires on March 31, 2016. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING TO THE WEST COVINA COMMUNITY AND SENIOR SERVICES COMMISSION 6 Agenda material is available at www.westcovina.org Tuesday July 15, 2014 CITY MANAGER'S OFFICE 15) Approval of City Council Smart Goals and Objectives It is recommended that the City Council approve the City Council SMART Goals and Objectives. Motion by second by approve disapprove hold over 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) 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 08/05/2014 7:00 PM 7 Agenda material is available at www.westcovina.org Tuesday July 15, 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 front 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