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12-02-2014 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY DECEMBER 02, 2014, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 Mayor Fredrick Sykes Mayor Pro Tem James Toma Councihnember Steve Herfert Councilmember Mike Spence 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 tluough 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 ►vwwovestcovina.ot . Any writings or documents regarding any item on this agenda, not exempt fi-om 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 UUaiu�i, a6 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 maybe 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 ORA lA ill WAS POSTED IN ACCORDANCE WJH THE 01187 BROWN ACT AMENDMENT DATED: it OFFICE OF THE CITY CLERK Tuesday December 02, 2014 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY DECEMBER 02, 20141 7:00 PM REGULAR MEETING INVOCATION Reverend John Foye Community Presbyterian Church PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Introduction of Police Department I- 9 Tetuns Officer Matt Bowman and K-9 Partner Rec Corporal Nick Franco and K-9 Partner Rocco 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. t 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/Cornntuttity Development Coaunission request specific items to be removed fi•otn the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) Special City Council Meeting Minutes of August 19, 2014 Regular City Council Meeting Minutes of August 19, 2014 TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 2) Traffic Committee Minutes - Meeting of November 18, 2014 L Request: Roland Hoshizaki, West Covina Resident That parking on Mardina Avenue from Maplewood Avenue to the end of the street be restricted to permit only parking from 2:00 a.m. to 6:00 a.m. Sunday through Saturday. 2 Agenda Material is available at www.westcovina.org Tuesday December 02, 2014 Traffic Committee Recommendation: That parking on Mardina Avenue from Maplewood Avenue to the end of the street be restricted to permit only parking from 2:00 a.m to 6:00 a.m. Sunday through Saturday. CITY MANAGER'S OFFICE 3) Adoption of Legal Services Agreement with Jones & Mayer for City Attorney and Successor Agency Counsel Services It is recommended that the City Council adopt the following resolution approving a legal services agreement with Jones & Mayer to eliminate uncertainty concerning the status of the contract based on allegations that the contract was improperly adopted on August 18, 2014: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING RETAINER AGREEMENT FOR LEGAL SERVICES WITH JONES & MAYER FINANCE AND ADMINISTRATIVE SERVICES DEPARTMENT 4) Adopting a New Memorandum of Understanding (MOU) and Amending Compensation and Benefits for the Non -Sworn Safety Support Employees' Association It is recommended that the City Council adopt the following resolution approving a one- year employment agreement with the Non -Sworn Safety Support Employees' Association: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A ONE-YEAR MEMORANDUM OF UNDERSTANDING (MOU) FOR THE NON -SWORN SAFETY SUPPORT EMPLOYEES' ASSOCIATION AND AMENDING COMPENSATION AND BENEFITS FOR THE NON -SWORN SAFETY SUPPORT EMPLOYEES' ASSOCIATION PUBLIC WORKS 5) Acceptance of Public Improvements for Project Nos. SP-14107 and SP-14108 - Major and Residential Street Rehabilitation Work It is recommended that the City Council: 1. Accept Project Nos. SP-14107 and SP-14108 as 100% complete. 2. Approve the Final Adjusting Change Order in the amount of $28,389.52. 3. Authorize the recordation of the Notice of Completion with the Los Angeles County Recorder. 4. Authorize the Release of Retention in the amount of $55,143.98, 35 days after the recordation of the Notice of Completion. 6) Del Norte Park Improvements Approval of Project Specifications and Plans (Project No. PP-14211) It is recommended that City Council approve the plans and specifications for Del Norte Park Improvements project (Project No. PP-14211) and authorize the advertisement for bids. 3 Agenda material is available at www.westcovina.org Tuesday December 02, 2014 ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented except: ROLL CALL: Herfert, Spence, Toma, Warshaw, Sykes END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 7) Public Hearing General Plan Amendment No. 14-02 Zone Change No. 14-02 Mitigated Negative Declaration of Environmental Impact Precise Plan No. 14-02 Tentative Tract Map No. 72152 Applicant: WC Homes LLC (Craig Cook) Location: 1611,1623 and 1773 W. San Bernardino Road The purpose of this hearing is the review of the various elements that require City Council approval for the above project consisting of a 135 towriliome complex at the above location. a) Verification of publication b) Open hearing c) Staff report d) Open testimony f) Council discussion g) Recommendation: The Planning Commission and P1aiuling staff recommend that the City Council adopt the following resolutions: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO. 14-02, ZONE CHANGE NO. 14-02, PRECISE PLAN NO. 14-02, TENTATIVE TRACT MAP NO. 72152 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 14-02 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 14-02 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 72152 Motion by 2nd by adopt hold over disapprove 4 Agenda material is available at www.westcovina.org Tuesday December 02, 2014 The Planning Commission and Planning Staff further recommend that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 14-02 Motion by second by introduce disapprove hold over ROLL CALL: Herfert, Spence, Toma, Warshaw, Sykes MAYOR/COUNCILMEMBERS REPORTS No reports. AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Counciltnembers shall make a brief report or file a written report on any meeting/event/coq ference 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 nnrst 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 5 Agenda material is available at iviviv.westcovina.org Tuesday December 02, 2014 CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6 City Negotiator: Chung Miscellaneous Unrepresented Management Employees, including -Assistant City Clerk -Assistant City Manager/Community Development Commission Director -Community Services Director -Finance and Administrative Services Director -Fire Chief -Planning Director -Police Chief -Public Works Director and City Engineer PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957 Title: City Manager ADJOURNMENT Next Tentative City Council Meeting Regular Meeting - CC 12/16/2014 7:00 PM 6 Agenda material is available at wrvw.westcovina.org Tuesday December 02, 2014 RULES OF DECORUM The following are e_rcerpts 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. 7 Agenda material is available at www.westcovina.org