04-21-2015 - ClosedCITY OF WEST COVINA
CITY COUNCIL
TUESDAY APRIL 21, 2015, 6:00 PM
REGULAR MEETING - CLOSED SESSION
CITY MANAGER'S CONFERENCE ROOM
1444 W. GARVEY AVENUE
WEST COVINA, CALIFORNIA 91790
Mayor Fredrick Sykes
Mayor Pro Tem James Toma
Councilman Mike Spence
Councilmember Corey Warshaw
Agenda material is available for review before the meeting at the City Clerk's Office, Room 317 at City Hall, 1444
W. Garvey Avenue, West Covina. The City complies with the Americans with Disabilities Act (ADA). If you will
need special assistance at this meeting, the City will try to accommodate you in every reasonable manner. Please
call (626) 939-8433 (voice) or (626) 9604422 (TTY) from 8:00 a.m. to 5:00 p.m. Monday through Thursday at
least 48 hours prior to the meeting. For sign language interpreter services at Council meetings, please call at least
four working days prior to the meeting.
AGENDA
ROLL CALL
PUBLIC COMMENTS ON ITEMS ON THE AGENDA
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGLUnVNNAT A COPY OF THE COUNCIL AGENDAFOR
Pursuant to Government Code § 54956.9(d)(1) THE MEETING OF'/ I;V 16 WAS POSTED IN
Clue v. City of West Covina ACCORDANC WITH11E01 7 BROWN ACTAMENDMENI
DATED: y� i� S �/l
OFFICE OF THEg TY CLERK
Tuesday April 21, 2015
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(d)(3)
Number of Cases: One (1)
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code & 54957.6
City Negotiators: Mauk, Freeland
• Employee Organizations
- W.C. Police Officers' Association
- W.C. Firefighters' Management Assoc.
- W.C. Firefighters' Association, I.A.F.F., Local 3226
ADJOURNMENT
Agenda material is available at www.westcovina.org
•.F
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY APRIL 21, 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
Councilman 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 ivivn,.westcovina.orp. 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
boards, as necessary. I CERTIFY THATA COPY OF THE COUNCIL AGENDA FOR
THE MEETING OFL/ I2111 3-WAS POSTED IN
ACCORDANCE WITH THE 01/87 BROWN ACT AMENDMENT
DATED: LJ 11 I iS /J
Crnt,t UE PE CI CLE K �—
Tuesday April 21, 2015
PUBLIC COMMENTS
ADDRESSING THE CITY COUNCIL
(Per WCA4C 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 rrre .speaking on an agenda itenv 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.
Agenda inaterial is available at www.wesicoviiia.org
Tuesday April 21, 2015
EXIMN R .1
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY APRIL 21, 2015, 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
Introduction of new Finance Director
Recognition of Community Volunteer Caroline Salinas
Presentation on Adopt -a -Park - West Covina Beautiful
Water Smart City Challenge - Check Presentation to West Covina High School
Cheerleaders
Presentation by Southern California Edison to City Council on the 2015 Emergency
Response Plan for Local Government
ORAL COMMUNICATIONS - Five (5) minutes per sneaker
Please step forward to the podium and state your name and city of residence for the record when recognized by the
Mayor.
Agenda material is available at www.westeovina.org
Tuesday April 21, 2015
CONSENT CALENDAR
All matters listed nmdcr CONSENT CALENDAR are considered to be routine and can be acted on by one roll call
vote. There ivill be no separate discussion of these items unless members of the City Council/Comnninigy
Development Commission request specific itenns to be removed fn•an the Consent Calendar for separate discussion or
action.
APPROVAL OF MEETING MINUTES (receive & file)
1) December 13, 2014 Special City Council Meeting Minutes
COMMISSION SUMMARY OF ACTIONS (receive & file)
2) April 14, 2015 Planning Commission Meeting Summary of Actions
ORDINANCES FOR ADOPTION
3) An Ordinance Amending Sections 2-67, 2-68 and 2-69(a) of Chapter 2, Article III of
the West Covina Municipal Code Regarding Appointment and Terms of
Commissioners
It is recommended that the City Council adopt the following Ordinance:
ORDINANCE NO. 2273 - AN ORDINANCE OF THE CITY OF WEST COVINA,
CALIFORNIA AMENDING SECTIONS 2-67, 2-68 AND 2-69(a) OF CHAPTER 2,
ARTICLE III, OF THE WEST COVINA MUNICIPAL CODE REGARDING
APPOINTMENT AND TERMS OF COMMISSIONERS
COMMUNITY SERVICES DEPARTMENT
4) Renewal of Maintenance and Operation Agreement with the San Gabriel Mountains
Regional Conservancy
It is recommended that the City Council continue the partnership with the San Gabriel
Mountains Regional Conservancy and approve renewal of the maintenance and operations
agreement.
I y I :i�lilD17�71�D1`►Ull
5) Amendment to Staffing for Adequate Fire and Emergency Response (SAFER) Grant
No. EMW-2013-FH-00730
It is recommended that the City Council authorize City staff to submit an amendment to
SAFER Grant No. EMW-2013-FH-00730 to the Federal Emergency Management Agency
4
Agenda material is available at www.westcovina.org
Tuesday April 21, 2015
(FEMA).
HUMAN RESOURCES
6) Appointment of the City of West Covina's Specific Representative and Alternate to
the Big Independent Cities Excess Pool (BICEP) Governing Board
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-27 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPOINTING A SPECIFIC
REPRESENTATIVE AND ALTERNATE TO THE BIG INDEPENDENT CITIES
EXCESS POOL (BICEP)
7) Adopting a New Memorandum of Understanding - (MOU) and Amending
Compensation and Benefits for the West Covina Mid -Management Employee
Association
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-31 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A ONE-YEAR
MEMORANDUM OF UNDERSTANDING (MOU) FOR THE WEST COVINA MID -
MANAGEMENT EMPLOYEE ASSOCIATION AND AMENDING COMPENSATION
AND BENEFITS FOR THE MID -MANAGEMENT EMPLOYEE ASSOCIATION
PUBLIC WORKS
8) Landscape Maintenance District No. 4
Preliminary Approval of the Engineer's Report
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-28 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE
CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD
A PUBLIC HEARING ON JUNE 2, 2015 FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 2015-2016 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND
APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT
5
Agenda material is available at www.westcovina.org
Tuesday April 21, 2015
9) Landscape Maintenance District No. 6
Preliminary Approval of the Engineer's Report
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-29 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE
CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD
A PUBLIC HEARING ON JUNE 2, 2015 FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 6 COMMENCING IN FISCAL YEAR 2015-2016 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND
APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT
10) Landscape Maintenance District No. 7
Preliminary Approval of the Engineer's Report
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2015-30 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE
CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD
A PUBLIC HEARING ON YUNE 2, 2015 FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 7 COMMENCING IN FISCAL YEAR 2015-2016 TO FUND THE
OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND
APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT
ACTION ON CONSENT CALENDAR
Motion by second by
to approve all items listed on the Consent Calendar as presented
except:
ROLL CALL: Spence, Toma, Warshaw, Sykes
END OF CONSENT CALENDAR
DEPARTMENTAL REGULAR MATTERS
CITY ATTORNEY'S OFFICE
11) Ordinance of the City Council of the City of West Covina, California, Amending
Sections 16-17 and 16-18 of the West Covina Municipal Code to Prohibit Smoking in
Public Parks and Public Places
6
Agenda material is available at www.westeovina.org
Tuesday April 21, 2015
It is recommended that the City Council introduce, read by title and waive further reading
of the following Ordinance:
ORDINANCE NO. 2274 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, AMENDING SECTIONS 16-17 AND 16-18 OF
THE WEST COVINA MUNICIPAL CODE TO PROHIBIT SMOKING IN PUBLIC
PARKS AND PUBLIC PLACES
Motion by second by
introduce disapprove hold over
ROLL CALL: Spence, Toma, Warshaw, Sykes
CITY CLERK'S OFFICE
12) Consideration of Appointment for City Council Vacancy or Alternatives
Alternatives:
1. City Council may take action to fill the position by appointment during the April 21,
2015 City Council meeting. Applicants will be interviewed during this time and given
three (3) minutes each to address the City Council during the discussion of this item.
2. City Council may take action not to fill the position at this time, call for a special
election and leave the Council seat vacant until a qualified resident is voted into the
position during the November 3, 2015 General Municipal Election.
It is recommended that the City Council consider an appointment to fill the vacancy of the
City Council seat.
Motion by second by
to
MAYOR/COUNCILMEMBERS REPORTS
COUNCILMAN MIKE SPENCE
13) Development of Policy/Code Amendment on Establishing Courtesy Notification
Standards for Code Amendments
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
7
Agenda material is available at www.westcovina.org
Tuesday April 21, 2015
14) Mitigation Fees for Commercial Development
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
15) Review of Section 15-32 of the West Covina Municipal Code Related to Possession of
Weapons at City Hall Being Prohibited
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
AB1234 Conference and Meeting Report (verbal, if any)
(In accordance with.4B 1234, Councilmembers shall make a briefrepon 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/Communiq, Development Commission agenda as items of business and
must be approved by a majority of the City Council/Community Development Commission.)
COUNCILMAN MIKE SPENCE
16) Request from Councilman Mike Spence Requesting the City Council's Support to
Instruct City Staff to Prepare a Staff Report on the Role of the Mayor
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
MAYOR PRO TEM JAMES TOMA
17) Request from Mayor Pro-Tem James Toma for City Council's Consideration to
Discuss the Recently Mandated Statewide Water Restrictions
It is recommended that the City Council direct staff accordingly.
Motion by second by
to
Agenda material is available at www.westeovina.org
Tuesday April 21, 2015
CITY COUNCIL COMMENTS
ADJOURNMENT
RULES OF DECORUM
The following are excerpts from the West Covina Municipal Code:
See. 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 excerptsfrom 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