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11-20-2007 - RegularTuesday November 20, 2007 REGULAR MEETING OF THE WEST COVINA CITY COUNCIL AGENDA 7:00 pin Council Chambers 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 mvimvestcovina.org 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 Friday. 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. INVOCATION Pastor Mason Okubo Immanuel First Lutheran Church PLEDGE OF ALLEGIANCE Mayor Pro Tern Hernandez ROLL CALL Mayor Lane, Mayor Pro Tem Hernandez, Councilmembers Sanderson, Touhey, Herfert REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS * Blue Star Video * Resolution of Commendation and Tile Presentation Kenneth Freeland, Fire Engineer * Resolution of Commendation and Tile Presentation Janice Petty, Fire Department Management Analyst II * Certificate of Recognition Glenn Kennedy, Community Enhancement Painting Program * Certificate of Recognition Jennifer Touhey, Teacher of the Year Covina Valley Unified School District * Certificate of Recognition Vanessa Martin, Teacher of the Year West Covina Unified School District * Certificate of Recognition Patricia Mendoza, Teacher of the Year. Rowland Unified School District I CEBIIP/TNATA=Y OF7W COI1Ndl AWffiFM w MEFIING Cf /11,20►, W15 PMM N ANNOUNCEMENTS AC yyf{piE BRpWNACmID" City Council Agenda for November 20, 2007 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 falsemaybe 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 time not exceeding one thousand dollars (S 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. ADDRESSING THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION (Per WCMC 2-48, Ordinance No. 2150) Any person wishing to address the City Council/Community Development Commission 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/Secretary. 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 shall 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. 11 /20/07 Agenda material is available at www.westcovina.org City Council Agenda for November 20, 2007 A) 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. B) UPDATES/REPORTS FROM CONSULTANTS No reports for this meeting. C) ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS 1) Councilmember Roger Hernandez Request from Councilmember Roger Hernandez Seeking the City Council's Consensus to Review the Downtown Revitalization Plan (Scenario Q It is recommended that the City Council direct staff accordingly. Motion by to 2nd by 2) Councilmember Hernandez Request from Councilmember Roger Hernandez Seeking the City Council's Consensus to Discuss Graffiti Issues It is recommended that the City Council direct staff accordingly. Motion by to 2nd by 3) Councilmember Roger Hernandez Request from Councilmember Roger Hernandez Seeking the City Council's Consensus to Instruct City Staff to Consider the Use of Neighborhood Speed Humus It is recommended that the City Council direct staff accordingly Motion by to D) CONSENT CALENDAR 2nd by 1) City Council Meeting Minutes (receive & file) No reports for this meeting. 11 /20/07 3 Agenda material is available at wwmwestcovina.org City Council Agenda for November 20, 2007 D) CONSENT CALENDAR (continued) 2) Commission Summary of Actions (receive & file) a) Community Services............................08/14/07 & 09/11/07 b) Senior Commission..............................08/09/07 & 09/13/07 3) Approval of Final Map a) Approval of Final Map for Parcel Map No. 62858 Location: 1125 South Willow Avenue Subdivider: Alfonso and Mary Diaz It is recommended that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF PARCEL MAP NO. 62858 AND DIRECTING THE RECORDATION THEREOF (ALFONSO AND MARY DIAZ) 4) Miscellaneous — Community Services Department a) Resolution Establishing Change in Date for the Senior Citizens Commission Meetings from the Second Week of Every Month to the Fourth Week of Every Month It is recommended that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 5682 RELATING TO MEETING TIMES AND PLACES OF CITY BOARDS AND COMMISSIONS, TO CHANGE THE MEETING DATE OF THE SENIOR CITIZENS COMMISSION FROM THE SECOND WEEK OF EVERY MONTH TO THE FOURTH WEEK OF EVERY MONTH EFFECTIVE JANUARY 24, 2008 b) Sale of Global Electric Motors (GEM) Vehicle to West Covina Unified School District It is recommended that the City Council authorize the sale of one Global Electric Motorcar Vehicle (VIN #5ASAK27462F029002) to the West Covina Unified School District. Miscellaneous — Finance Department c) 2006-2007 and 2007-2008 Fiscal Years Budget Update It is recommended that the City Council: 1. Receive and file the budget update. 2. Appropriate Proposition IB Funds in the amount of $1,821,489 to the street rehabilitation and traffic signal projects as identified in the staff report. 11 /20/07 4 Agenda material is available at www.westeovina.org City Council Agenda for November 20, 2007 D) CONSENT CALENDAR (continued) 4) Miscellaneous — Finance Department (continued) d) Establishment of an EPMC Replacement Plan for Various Employee Groups and a Supplemental Retirement Plan for Executive Staff and City Council It is recommended that the City Council adopt the following resolutions: 1. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A PUBLIC AGENCY RETIREMENT SYSTEM (PARS) EPMC REPLACEMENT SUPPLEMENTAL RETIREMENT PLAN TO BE ADMINISTERED BY PHASE II SYSTEMS, PARS TRUST ADMINISTRATOR 2. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A PUBLIC AGENCY RETIREMENT SYSTEM (PARS) SUPPLEMENTAL RETIREMENT PLAN FOR EXECUTIVE STAFF AND CITY COUNCIL TO BE ADMINISTERED BY PHASE 11 SYSTEMS, PARS TRUST ADMINISTRATOR It is recommended that the City Council take the following action: 1. Appropriate $97,050 from the General Fund reserve and $68,126 from various special revenue funds and the CDC reserves. Miscellaneous — Public Works e) California Building and California Fire Code Ordinance Introduction It is recommended that the City Council take the following actions: 1. Introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 7, ARTICLES H, III, IV, V, VI, VII, IX, Xff1, XV, XVI, CHAPTER 10, ARTICLE II OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE CALIFORNIA BUILDING CODE AND THE 2007 EDITIONS OF THE CALIFORNIA BUILDING CODE AND 2006 INTERNATIONAL FIRE CODE AND THE 2007 CALIFORNIA FIRE CODE, 2007 CALIFORNIA MECHANICAL CODE, 2007 CALIFORNIA PLUMBING CODE, 2007 INTERNATIONAL SIGN CODE, 2007 CALIFORNIA ENERGY CODE, AND THE 2007 EDITION OF THE CALIFORNIA ELECTRICAL CODE 2. Set December 4, 2007 as the date for a Public Hearing concerning the adoption of the California Building Code and the International and California Fire Codes cited above. I) Five-year Extension of Landscape Maintenance Contract for Maintenance District Nos. 1, 2, and 4 It is recommended that the City Council approve a five-year contract extension to Azteca Landscape effective November 15, 2007 with no increase in the current contract amount for landscape maintenance services and authorize the Public Works Director/City Engineer and City Clerk to execute such contract. 11/20/07 5 Agenda material is available at www.westcovina.org City Council Agenda for November 20, 2007 D) CONSENT CALENDAR (continued) 4) Miscellaneous — Public Works (continued) g) Sale of Excess Rights -of Way Northwest Corner of Lark Ellen Avenue and South Garvey Avenue It is recommended that the City Council take the following actions: 1. Approve the sale of the excess rights -of -way on the northwest comer of Lark Ellen Avenue and Garvey Avenue South. 2. Adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUIT CLAIM DEED IN FAVOR OF RENE ORTIZ Miscellaneous - Risk Management h) General Liability Claims Administration Contract Extension It is recommended that the City Council approve an amendment to the existing General Liability Service Agreement between The City of West Covina and NovaPro Risk Solutions, LP, which would extend the City's current service rate for two additional years, beginning January 1, 2008 and ending December 31, 2009, pursuant to the terms and conditions set forth in the amendment. 5) AB1234 Conference and Meeting Report (receive & file) (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) a) Legislative Advocacv Conference and Meeting Report It is recommended that the City Council receive and file the report. ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-5a: Motion by second by to waive further reading of the resolutions/ordinance and adopt/introduce and approve all items except: ROLL CALL: Herfert, Hernandez, Lane, Sanderson, Touhey END OF CONSENT CALENDAR 11/20/07 Agenda material is available at www.wesicoviiia.org City Council Agenda for November 20, 2007 E) PUBLIC HEARINGS 1) Public Hearing Amendments to the FY 2007-2008 Community Development Block Grant (CDBG) Action Plan This hearing concerns a proposed amendment to the City of West Covina's of the FY 2007-2008 Action Plan for the City's Community Development Block Grant (CDBG) program. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: It is recommended that the City Council approve the proposed amendments to the FY 2007-2008 CDBG Action Plan as identified in the report in Attachment #1, except Activity #8 (Handicap Parking spaces). Motion by 2nd by to approve disapprove hold over 11/20/07 7 Agenda material is available at www.westeoviiia.org City Council Agenda for November 20, 2007 E) PUBLIC HEARINGS (continued) 2) Public Hearing General Plan Amendment No. 07-01 Zone Change No. 06-06 Categorical Exemption Applicant: Hector Sanchez Location: 928 S. Glendora Avenue The project is for the construction of a 528-square foot single story building to be used as a used automobile dealership. The project requires a change to the general plan and a zone change to allow the construction of the facility. a) Verification of publication and mailing b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: The Planning Commission and staff recommend that the City Council adopt the following resolution to change the General Plan land use designation from "Low -Medium Residential' to Service and Neighborhood Commercial." RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 07-01 Motion by 2"d by_ to waive further reading of the resolution, and adopt disapprove hold over The Planning Commission and staff further recommend that the City Council introduce the following ordinance to change the zoning designation from "Single -Family Residential" (R-1) to "Service Commercial' (S-C): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 06-06 Motion by 2°d by_ to waive further reading of the ordinance, and introduce disapprove hold over ROLL CALL: Herfert, Hernandez, Lane, Sanderson, Touhey 11 /20/07 8 Agenda material is available at wwmwestcovina.org City Council Agenda for November 20, 2007 F) COMMUNITY DEVELOPMENT COMMISSION Recess the City Council meeting at p.m. to convene the CDC. Reconvene the City Council meeting at p.m. G) DEPARTMENTAL MATTERS No reports this meeting. H) MAYOR'S/COUNCILMEMBERS REPORTS No reports for this meeting. • AB 1234 Conference and Meeting Report (fit accordance with AB 1234, Councibnembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) I) COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS (Per City of West Covina Standing Rules 4.f — Requests by Councilmembers for reports, studies, or investigations that are not readily available must be placed on the City Council agenda as items of business and must be approved by a majority of the City Council.) 1) Mayor Michael Touhey Request from Mayor Michael Touhey Seeking the City Council's Consensus to Ban the Selling of Puppy Dogs at West Covina Pet Stores that are Bred at PUDDV Mills It is recommended that the City Council direct staff accordingly Motion by to 2nd by 2) Mayor Michael Touhey Request from Mayor Michael Touhey Seeking the City Council's Consensus to Support the Campaign to Create a Nisei World War II Veterans Stamp It is recommended that the City Council direct staff accordingly. Motion by 2nd by to 11/20/07 9 Agenda material is available at www.westcovina.org City Council Agenda for November 20, 2007 J) COUNCILMEMBER COMMENTS ADJOURNMENT Motion by 2nd by to adjourn the meeting at p.m. Tentative City Council Meetings Tuesday December 4 7:00 p.m. Council Chambers Regular Meeting Tuesday December 18 7:00 p.m. Council Chambers Regular Meeting 11/20/07 10 Agenda material is available at www.westcovina.org