10-21-2014 - RegularCITY OF WEST COVINA
CITY COUNCIL
TUESDAY OCTOBER 21, 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.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
uvaiu,, 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
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Tuesday October 21, 2014
AGENDA
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY OCTOBER 21, 201497:00 PM
REGULAR MEETING
INVOCATION
Pastor John Foye
Community Presbyterian Church of West Covina
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
Proclamation
Red Ribbon Week - October 23 - 31, 2014
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, Community Development Commission, and Parking
Authority Meeting of July 01, 2014
Regular City Council Meeting of July 01, 2014
COMMISSION SUMMARY OF ACTIONS (receive & file)
2) Planning Commission - October 14, 2014
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Agenda material is available at www.westcovina.org
Tuesday October 21, 2014
ORDINANCES FOR ADOPTION
3) Ordinance for Adoption
Ordinance Amending Section 2-151 of the West Covina Municipal Code Relating to
the Powers and Duties of the City Manager, to include Signature Authority on
certain City Documents
This ordinance was introduced at the City Council meeting of October 7, 2014. The
purpose of this ordinance is to expand the duties and responsibilities of the City Manager
to include the authority to execute certain documents based on City Council approval.
The ordinance will become effective 30 days after its adoption on November 30, 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, AMENDING SECTION 2-151
(POWERS AND DUTIES) OF DIVISION 2 (CITY MANAGER) OF ARTICLE IV
(OFFICERS) OF CHAPTER 2 (ADMINISTRATION) OF THE WEST COVINA
MUNICIPAL CODE RELATED TO CITY MANAGER SIGNATURE AUTHORITY
CITY MANAGER'S OFFICE
4) Cancelation of November 4, 2014, City Council Meeting
It is recommended that the City Council cancel the November 4, 2014, City Council
meeting for Election Night.
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
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Agenda material is available at www.westcovina.org
Tuesday October 21, 2014
HEARINGS
APPEAL HEARINGS
5) Appeal of Planning Commission Approval of Conditional Use Permit No. 14-07
Categorical Exemption
Applicant: Luisa Nuno for Sage Motorsports, LLC
Appellant: Anthony Kim, Briggs Law Corporation
Location: 2505 East Garvey Avenue North
The purpose of this hearing is to appeal the Planning Commission approval of
a conditional use permit request for the operation of a new automobile dealership
(Lotus), as well as a Planning Directors Modification for new exterior paint to the facade
of the existing building, various parking lot improvements and landscaping
improvements.
a) Verification of publication
b) Open hearing
c) Staff report
d) Open testimony
e) Close testimony
f) Council discussion
g) Recommendation: The Planning Commission and staff recommend that the City
Council adopt the following resolution:
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF
THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT
NO. 14-07
Motion by
second by
adopt disapprove hold over
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
6) Review and Analysis of the City's Campaign Ordinances
Receive and file this report and provide direction to staff on the City's Campaign
Ordinance (Ordinance Nos. 1669 and 2081).
Motion by second by
to
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Agenda material is available at www.westcovina.org
Tuesday October 21, 2014
CITY MANAGER'S OFFICE
7) Los Angeles County Proposition P - Safe Neighborhoods Park Measure
It is recommended that the City Council provide City staff direction on this matter.
Motion by second by
to
PLANNING DEPARTMENT
8) Veterans' Memorial Public Art Project at the West Covina Civic Center
CEQA General Exemption
The Planning Commission and staff recommend that the City Council approve the
following:
1. Select the conceptual artwork entitled "Remember Why" by Michael Amescua for
the Veterans' Memorial to be located in the Civic Center Courtyard.
2. Authorize the Mayor to execute an agreement with Michael Amescua for the final
design and creation of the artwork and to authorize the expenditure of up to $20,000
to allow the artist to provide a final design for the artwork.
Motion by
second by
approve disapprove hold over
PUBLIC WORKS
9) Public Works Contracting Ordinance
It is recommended that the City Council read by title only, waive further reading and
introduce the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, ADOPTING ARTICLE X (PUBLIC WORKS CONTRACTS) OF
CHAPTER 19 (STREETS, SIDEWALKS AND PUBLIC PLACES) OF THE WEST
COVINA MUNICIPAL CODE RELATED TO PUBLIC WORKS CONTRACTS
Motion by second by
introduce disapprove hold over
ROLL CALL: Spence, Sykes, Toma, Warshaw, Herfert
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.)
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Agenda material is available at www.westeovina.org
Tuesday October 21, 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 STEVE HERFERT
10) Request from Mayor Steve Herfert Requesting the City Council's Consideration to
Obtain Costs to Demolish Portions of Orangewood Park Baseball Field in
Preparation of Soccer Complex Construction
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
11) Request from Mayor Steve Herfert Requesting the City Council's Support to Discuss
how Judgments are reported on the Financial Statements
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 11/04/2014 7:00 PM
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Agenda material is available at www.wesicovina.org
Tuesday October 21, 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.
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Agenda material is available at www.westeovina.org