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09-02-2014 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY SEPTEMBER 02, 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.weslcovina.orQ. 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 J47CMC 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 OFDECORUM 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 THE MEETING OF B' I I4'WAS POSTED IN ACCORDAN E THE 01/87 BROWN ACT AMENDMENT DATED: OFFICE OF THE CITY CLERK - Tuesday September 02, 2014 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY SEPTEMBER 02, 2014, 7:00 PM REGULAR MEETING INVOCATION Pastor Mason Okubo Immanuel First Lutheran Church PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Certificates of Recognition Diamond Dawgs Cecil Fielder Elite World Series 6U Champions Certificates of Recognition West Covina A All -Star Team Pony Shetland 4 World Series Champions 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/Comrnunity Development Commission request specific items to be removed frorn the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) Special City Council Meeting Minutes of June 9, 2014 Adjourned Special City Council Meeting Minutes of June 9, 2014 COMMISSION SUMMARY OF ACTIONS (receive & file) 2) Planning Commission - August 26, 2014 2 Agenda material is available at www.westcovina.org Tuesday September 02, 2014 ORDINANCES FOR ADOPTION 3) Ordinance for Adoption Repealing Ordinance No. 2248 Zone Change No. 13-01 Location: 1611,1623 and 1773 West San Bernardino Road This ordinance was introduced at the City Council meeting of August 19, 2014. The purpose of this ordinance is to rescind Ordinance No. 2248. The City is required by the Court Writ of Mandate to set aside and vacate project approval for the above project that includes repealing Ordinance No. 2248. The ordinance will become effective 30 days after its adoption on October 2, 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 ORDINANCE NO. 2248 CITY ATTORNEY'S OFFICE 4) Approve of Special Counsel Retainer Agreement to Alvarez-Glasman & Colvin for the Purpose of Completing Certain Pending Legal Projects It is recommended that the City Council extend the term of a special counsel retainer agreement to Alvarez-Glasman & Colvin ("AG&C") for the purpose of completing several pending projects and to provide additional time for the new City Attorney to evaluate pending cases for possible transfer. CITY MANAGER'S OFFICE 5) Support for League of California Cities Conference Resolution Related to Environmental Impacts of Illegal Marijuana Growing on Public and Private Land It is recommended that the City Council approve the following actions: 1. Support the League of California Cities conference resolution related to environmental impacts of illegal marijuana growing on public and private land; and 2. Provide direction to the City's voting delegate, Councihnember James Toma, to represent the City's position by voting in support of the resolution at the annual business meeting. FINANCE AND ADMINISTRATIVE SERVICES 6) Big Independent Cities Excess Pool (BICEP) Resolution Appointing a Specific Representative It is recommended that the City Council approve the appointment of a specific representative to the BICEP Governing Board by adopting the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING A SPECIFIC REPRESENTATIVE TO THE BIG INDEPENDENT CITIES EXCESS POOL (BICEP) 3 Agenda material is available at www.westcovina.org Tuesday September 02, 2014 PUBLIC WORKS 7) Pre -qualify Construction Management, Inspection, and Related Services Consultant for Support on Various Capital Improvement Program Projects on an As -needed Basis It is recommended that the City Council pre -qualify Pacifica Services, Inc. of Pasadena, and Civil Source, Inc. of Irvine, California for construction management services on an as -needed basis, and authorize the Mayor and City Clerk to execute an agreement with said firms to provide professional services. 8) Energy Efficiency and Conservation Block Grant Final Report - Federal Funding It is recommended that the City Council take the following action: 1. Refund $91,544.00 of unallowable credits received by the City during the performance of this grant -funded conservation work as requested by the Department of Energy. 2. Appropriate $91,544.00 from the unassigned fund balance of the General Fund to account number 110.41.4130.6110. POLICE DEPARTMENT 9) Withdrawing from Los Angeles Regional Interoperable Communications System (LA-RICS) It is recommended that the City Council adopt the resolution authorizing the City of West Covina's withdrawal from the Los Angeles Regional Interoperable Communications System (LA-RICS): RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE CITY OF WEST COVINA TO WITHDRAW FROM THE LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM (LA -RIGS) 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 4 Agenda material is available at www.westeovina.org Tuesday September 02, 2014 HEARINGS PUBLIC HEARINGS 10) Public Hearing Code Amendment No. 14-03 Medical Marijuana Dispensaries General Exemption The proposed code amendment consists of certain amendments to the Zoning section of the West Covina Municipal Code as it pertains to prohibiting medical marijuana dispensaries and transport businesses. a) Verification of publication b) Open hearing c) Staff report d) Open testimony e) Close testimony t) 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 THE CITY OF WEST COVINA MUNICIPAL CODE TO PROHIBIT THE OPERATION AND ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES Motion by second by introduce disapprove hold over ROLL CALL: Spence, Sykes, Toma, Warshaw, Herfert 11) Consideration of an Urgency Ordinance Prohibiting Adoption of Specific Plans in Residentially Zoned Areas and Alternative Options The purpose of this hearing is to consider an urgency ordinance imposing a moratorium on the approval of specific plans for residentially zoned properties in the City pending completion of the updated General Plan. a) Open hearing b) Staff presentation c) Public testimony d) Close testimony e) Council discussion f) Recommendation: It is recommended that the City Council consider the following: 1. Consider the proposed Urgency Ordinance imposing a moratorium on adoption of specific plans for residentially zoned properties in the City pending completion of the updated General Plan, or 2. Should the City Council decide not to adopt the urgency ordinance, which requires a four -fifths vote, give direction to staff as to the alternatives outlined in the report. Motion by second by to 5 Agenda material is available at www.westeovina.org Tuesday September 02, 2014 APPEAL HEARINGS 12) 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 Owner in South Hills Location: 2655 S. Citrus Street (South Hills Country Club) The applicant is requesting a conditional use permit to allow the installation of a 60-foot tall freestanding wireless telecommunications facility designed to resemble a eucalyptus tree at South Hills Country Club, near the intersection of E. Cameron Avenue and S. Barranca Street. At the June 3, 2014 appeal hearing, the Council directed the applicant to provide additional information. Subsequently, the applicant requested to continue the July 15, 2014 scheduled hearing in order to have additional time to submit the information and Council granted the applicant's request and continued the appeal to the Council meeting of September 2, 2014. On August 20, 2014, the applicant submitted a second request to continue the appeal in order to revise the plans to better address the Council's concerns. a) Verification of publication b) Open hearing . c) Staff presentation d) Public testimony e) Close testimony f) Council discussion g) Recommendation: The Planning Department recommends that the City Council grant the applicant's second 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 October 21, 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 PLANNING DEPARTMENT 13) Consultant Agreement for Impact Fee Study for Public Safety Impact Fees It is recommended that the City Council approve the consultant agreement with Economic and Planning Systems, Inc. (EPS) in the amount of $29,700 to provide consulting services associated with preparing an impact fee study to determine the appropriate public safety impact fees. Motion by second by approve disapprove hold over 6 Agenda material is available at www.westcovitia.org Tuesday September 02, 2014 14) FilmL.A. Consulting Services It is recommended that the City Council authorize the Mayor to execute an agreement with FilmL.A. to provide services to the City in processing film permits for the City. Motion by second by to MAYOR/COUNCILMEMBERS REPORTS MAYOR PRO TEM FREDRICK SYKES 15) Mayor Pro Tem Fredrick Sykes Ordinance to Restrict Public Nuisance Vehicle Parking It is recommended that the City Council consider the following ordinance: 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 Motion by second by _ introduce disapprove hold over ROLL CALL: Spence, Sykes, Toma, Warshaw, Herfert AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councibnembers 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 09/16/2014 7:00 PM 7 Agenda material is available at wrvw.westcovina.org Tuesday September 02, 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. 8 Agenda material is available at wiviv.westcovina.org