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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