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09-02-2008 - Regular• L� Tuesday September 2, 2008 REGULAR MEETING . OF THE WEST COVINA CITY COUNCIL AGENDA 7:00 pm 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 www.westcovina.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. Any writings or documents, not exempt from public disclosure, provided to a majority of the City Council regarding any item on this agenda 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. INVOCATION Andrew Pasmant City Manager PLEDGE OF ALLEGIANCE Mayor Lane ROLL CALL Mayor Lane, Mayor Pro Teen Hernandez Councilmembers Herfert, Sanderson, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Certificate of Recognition Good Neighbor Day, Flowers by Robert Taylor Resolution of Commendation Clay Durbin, Communications Director Certificates of Recognition National Night Out Participants Certificates of Recognition Recognition of City Sponsors Certificates of Recognition Pony Baseball Shetland Red All -Stars World Series Champions Certificates of Recognition Girls Softball 8U All -Stars District Champions ANNOUNCEMENTS 1 CERT" THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF 9la GY WAS POSTED IN CE DAM WITH THE 01/81 SOWN ACT AMENDMENT DA FICE CITY CLERK City Council Agenda for September 2, 2008 RULES OF DECORUM The following are excerpts frons 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 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 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. 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 iteni 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. 09/02/08 2 Agenda material is available at www.westeovina.org 0 • City Council Agenda for September 2, 2008 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) Departmental Matters - City Manager's Office Designation of Voting Delegate for League of California Cities Annual Conference It is recommended that the City Council designate a voting delegate and up to two alternates for the League of California Cities Annual Conference. Motion by to D) CONSENT CALENDAR 2nd by 1) City Council Meeting Minutes (receive & file) No minutes for this meeting. 2) Commission Summary of Actions (receive & file) a) Human Resources.............................................................................. 07/09/08 3) Ordinance for Adoption a) Ordinance Amending Section 22-132 of the Municipal Code Relating to Decreases of State Law Maximum Speeds This ordinance was introduced at the City Council meeting of August 19, 2008 and will reduce the speed limit on Aroma Drive from Azusa Avenue to Galster Way from 40 miles per hour to 35 miles per hour. This ordinance will become effective 30 days after adoption on October 2, 2008. It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-132 OF THE WEST COVINA MUNICIPAL CODE RELATING TO DECREASES OF STATE LAW MAXIMUM SPEEDS 09/02/08 3 Agenda material is available at www.ivestcoviiia.org 0 • City Council Agenda for September 2, 2008 D) CONSENT CALENDAR (continued) 4) Traffic Committee Meeting Minutes of August 19, 2008 — (accept & file) a. Accept and file the following minutes of the Traffic Committee meeting held on August 19, 2008: I. Initiated by Multiple Residents That parking be restricted between 2:00 a.m. and 5:00 a.m. citywide. Traffic Committee Recommendation: That an overnight parking restriction be implemented from 2:00 a.m. to 6:00 a.m. citywide. II. City Initiated That speed limit for Pass & Covina Road from Lark Ellen Avenue to Maplegrove Street be reduced from 40 miles per hour to 30 miles per hour. Traffic Committee Recommendation: That an ordinance be adopted to amend section 22-132 of the West Covina Municipal Code relating to the reduction of the posted speed limits from 40 miles per hour to 30 miles per hour on.Pass & Covina Road from Lark Ellen Avenue to Maplegrove Street. b. Introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-132 OF THE WEST COVINA MUNICIPAL CODE RELATING TO DECREASES OF STATE LAW MAXIMUM SPEEDS 5) City Treasurer's Report (receive & file) Report for the Month of July 2008 6) Miscellaneous — Human Resources a) Revised Salary Range for the Limited Services Classification of Day Care Director It is recommended that the City Council approve a salary adjustment/correction for the limited services position of Day Care Director by adopting the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RELATED TO THE SALARY SCHEDULE FOR THE LIMITED SERVICES CLASSIFICATION OF DAY CARE DIRECTOR AND AMENDING THE SALARY SCHEDULE IDENTIFIED IN RESOLUTION NO.2008-46 FOR DAY CARE DIRECTOR 09/02/08 4 Agenda material is available at www.westeoviiia.org 0 • City Council Agenda for September 2, 2008 D) CONSENT CALENDAR (continued) 6) Miscellaneous — Public Works Department b) Renewal of Maintenance District and Landscape Maintenance District No. 4 — Ordering Engineer's Report 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, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2009-2010 (WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 - 2009-2010) Miscellaneous — Finance Department c) Amendment to License and Use Agreement with CCSG Holdings LLS (Crown Castle) It is recommended that the City Council amend the License and Use Agreement with Global Signal Acquisition III, LLC (now doing business as Crown Castle) to maintain and operate a cellular PCS (Personal Cormnunications System) site at Shadow Oak Park. The amended agreement will allow T-Mobile to co -locate their equipment with the existing Crown Castle PCS located at 2121 East Shadow Oak Drive, West Covina. ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-6c: Motion by second by to waive further reading of the resolutions/ordinance and adopt/introduce and approve all items except: ROLL CALL: Herfert, Hernandez, Sanderson, Touhey, Lane END OF CONSENT CALENDAR 09/02/08 5 Agenda material is available at www.westcovitia.org 0 City Council Agenda for September 2, 2008 • E) F) G) H) PUBLIC HEARINGS 1) Public Hearing 2008 Congestion Management Program (CMP) Conformance Self -Certification and Local Development Report (LDR) Pursuant to Govermnent Code Section 65089, the Cityis required to submit an annual report to the Los Angeles County Metropolitan Transportation Authority to verify conformation with the Congestion Management Program. The City Council will consider adoption of a Self -Certification resolution and Local Development Report. 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 adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF WEST COVINA, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 Motion by 2nd by_ to waive further reading of the resolution and adopt disapprove hold over COMMUNITY DEVELOPMENT COMMISSION Recess the City Council meeting at p.m. to convene the CDC. Reconvene the City Council meeting at p.m. DEPARTMENTAL MATTERS No reports for this meeting. MAYOR'S/COUNCILMEMBERS REPORTS 1) Mayor Pro Tem Roger Hernandez Request from Mayor Pro Tern Roger Hernandez to Consider Additional Budget Cuts for Fiscal Year 2008-2009 It is recommended that the City Council direct staff accordingly. Motion by to 2nd by 09/02/08 6 Agenda material is available at www.westcovitia.org • City Council Agenda for September 2, 2008 • I) COUNCILMEMBERS' REQUESTS 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.) No reports for this meeting. J) COUNCILMEMBER COMMENTS ADJOURNMENT Motion by Tuesday Tuesday 09/02/08 2na by to adjourn the meeting at Tentative City Council Meetings September 16 7:00 p.m. Council Chambers Regular Meeting October 7 7:00 p.m. Council Chambers Regular Meeting 7 Agenda material is available at www.westcovina.org p.m.