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02-03-2015 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY FEBRUARY 03, 2015, 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 Councilmember 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 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 wtvw.westcoriumo. 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 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 continents 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. KULLS UP' DPWRUM 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 Off 163115WAS POSTED IN ACCORDANCE WITH THE 01187 BROWN ACT AMENDMENT DATED: � /a91►5 OFFICE OF THE C9rY CLERK Tuesday February 03, 2015 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY FEBRUARY 03, 2015, 7:00 PM REGULAR MEETING INVOCATION Reverend Leslie Jenal Citrus Valley Hospice Group PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Recognition of two new Police Officers: Erich Hoefke Matthew McGirr Presentation: High Occupancy Vehicle (HOV) Expansion project by Caltrans 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 Manor. 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 Camcil/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) Joint City Council & Planning Commission Meeting Minutes of September 30, 2014 Regular City Council Meeting Minutes of October 21, 2014 Special City Council/CDC/Parking Authority Meeting Minutes of October 21, 2014 TREASURER'S REPORT (receive & file) 2) City Treasurer's Report for the Quarter Ended December 31, 2014 It is recommended that the City Council receive and file this report. Agenda material is available at www.westeovina.org Tuesday February 03, 2015 PLANNING DEPARTMENT 3) Art in Public Places 13-01, Request to use In -Lieu Fee Deposit - Plaza West Covina It is recommended that the City Council accept the proposed timeline and allow artwork to be designed for Plaza West Covina utilizing the $322,120.07 in -lieu deposit. The artwork application will be reviewed as a private developer application. If Starwood desires to extend the timeline, the matter would be rescheduled for the next available City Council agenda. 4) Resolution for Adoption General Plan Amendment No. 14-02 Applicant: WC Homes LLC (Craig Cook) Location: 1611, 1623 and 1773 West San Bernardino Road It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2015-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA. DENYING GENERAL PLAN AMENDMENT NO. 14-02 PUBLIC WORKS 5) As -Needed Consulting, Building Inspection, and Plan Check Services for The Lakes at West Covina Project It is recommended that the City Council take the following actions: 1. Accept the proposal of RKA Consulting Group of Walnut, California for the as - needed consulting, building inspection, and plan check services for The Lakes at West Covina project; and 2. Approve the agreement between Lennar and the City of West Covina for Lennar to reimburse the City for costs associated with additional inspection services above and beyond what is provided by City inspectors. END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 6) Code Amendment No. 13-07 Second Dwelling Units General Exemption a) Verification b) Open hearing c) Staff report d) Open testimony e) Council discussion f) Recommendation: The Planning Commission and staff recommend that the City Council introduce the following ordinance: ORDINANCE NO. 2271 - 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 SECOND DWELLING UNITS Motion by second by introduce disapprove hold over Agenda material is available at www.westeavina.org Tuesday February 03, 2015 ROLL CALL: Herfert, Spence, Toma, Warshaw, Sykes DEPARTMENTAL REGULAR MATTERS CITY ATTORNEY'S OFFICE 7) An Ordinance amending Article VIII of the West Covina Municipal Code related to Campaign Finance Regulations It is recommended that the City Council introduce, give first reading to, and waive further reading of the following proposed ordinance amending Article VIII of the West Covina Municipal Code: ORDINANCE NO. 2272 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2, ARTICLE VIII OF THE WEST COVINA MUNICIPAL CODE RELATING TO CAMPAIGN FINANCE REGULATIONS Motion by second by introduce disapprove hold over ROLL CALL: I-Ierfert, Spence, Toma, Warshaw, Sykes MAYOR/COUNCILMEMBERS REPORTS COUNCILMEMBER STEVE HERFERT 8) Building Maintenance Issues of the West Covina Police Department Building It is recommended that the City Council appropriate $70,000 from General Fund reserves to account 110.83.8526.7530 for the replacement of the Police Station roof, as CIP Project BP-15304. Motion by second by to COUNCILMEMBER STEVE HERFERT 9) Conversion of City Streetlights to Light Emitting Diodes (LED) It is recommended that the City Council direct staff accordingly. Motion by second by to COUNCILMEMBER STEVE HERFERT 10) Councilmember Steve Herfert request to revote on month -to -month agreement with Corvel to provide worker's compensation third party administration It is recommended that the City Council provide City staff direction on this matter. Motion by second by to 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 nieetingleventiconference attended at City expense.) Agenda material is available at www.westcovina.org Tuesday February 03, 2015 CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 4.f- Requests for reports, sludies, 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) COUNCILMAN MIKE SPENCE 11) Request from Councilman Mike Spence requesting the City Council's consensus to instruct City staff to prepare a report to unlink City Council employment benefits from Department Heads' employment benefits It is recommended that the City Council direct staff accordingly. Motion by second by to COUNCILMAN MIKE SPENCE 12) Request from Councilman Mike Spence requesting discussion on the Art in Public Places Code It is recommended that the City Council direct staff accordingly. Motion by second by to COUNCILMEMBER COREY WARSHAW 13) Request from Councilmember Corey Warshaw requesting the City Council's consensus to instruct City staff to prepare a report to consider modifying the appointment process of City Commissioners It is recommended that the City Council direct staff accordingly. Motion by second by to COUNCILMAN MIKE SPENCE 14) Request from Councilman Mike Spence requesting the City Council's consensus to instruct City staff to prepare a report on the process to update or seek to amend the Municipal Code regarding City Manager recruitment and retention 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 02/17/2015 7:00 p.m. 5 Agenda material is available at www.westeovina.org Tuesday February 03, 2015 RULES OF DECORUM The following arc 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. See. 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. See. 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 tire excerpts from the Penal Corte 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.westeovina.org