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09-16-2008 - RegularTuesday September 16, 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 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. 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 Reverend Nestor Rebong St. Christopher's Church PLEDGE OF ALLEGIANCE Mayor Pro Tern Hernandez ROLL CALL Mayor Lane, Mayor Pro Tern Hernandez Councilmembers Herfert, Sanderson, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA IM OC�� *E0 01i 1 CEFm� q�jll0p$YVAS POS �Nf V q PRESENTATIONS Certificates of Recognition - West Covina Police Officers Successful Multi -Agency Investigation Resolution of Commendation Steven L. Samaniego, Environmental Management Director Proclamation Fire Prevention Week October 5 through October 11, 2008 Proclamation West Covina Day at the Fair ANNOUNCEMENTS City Council Agenda for September 16, 2008 • 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 councihnember 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 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. 09/ 16/08 2 Agenda material is available at www. westcovina.org City Council Agenda for September 16, 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 No reports for this meeting. D) CONSENT CALENDAR 1) City Council Meeting Minutes (receive & file) • Regular Meeting of May 6, 2008 • Special Meeting of May 14, 2008 • Adjourned Special Meeting of May 15, 2008 • Special Meeting of June 3, 2008 • Regular Meeting of June 3, 2008 2) Claims Against the City of West Covina Government Tort Claim Denials (deny & notify claimant) It is recommended that the following Government Tort Claims be denied and the claimants and/or their respective attorneys be so notified. • Mercedes Howard vs. City of West Covina • Vanessa Rodriguez vs. City of West Covina • Chia Johnson Wang vs. City of West Covina • Progressive Insurance/Robert Mutch vs. City of West Covina 3) Ordinance for Adoption Ordinance Amending 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 Lake Ellen to Maplegrove Street This ordinance was. introduced at the Council meeting of September 2, 2008. This ordinance will reduce the speed limit on Pass & Covina Road from Lark Ellen Avenue to Maplegrove Street from 40 miles per hour to 30 miles per hour and will become effective 30 days after adoption on October 16, 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 DECREASE OF STATE LAW MAXIMUM SPEEDS 09/16/08 3 Agenda material is available at www. westcovina.org City Council Agenda for September 16, 2008 D) CONSENT CALENDAR (continued) 4) Miscellaneous — City Clerk's Office a) 2008 Biennial Notice — Conflict of Interest Code Review It is recommended that the City Council receive and file this Biennial Notice as required by the Political Reform Act. Miscellaneous — Finance Department b) Purchase of Police Vehicles It is recommended that the City Council authorize the purchase of two (2) 2008 model year police patrol Ford Interceptors from Clippinger Ford for a total cost of $45,419.75 including sales tax. Miscellaneous - Public Works Department c) .Landscape Maintenance District No. 4 — Preliminary Approval of 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, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC MEETING ON NOVEMBER 4, 2008 AND PUBLIC HEARING ON NOVEMBER 18, 2008 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 2009-201.0 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT Miscellaneous — Police Department d) Introduction of an Ordinance Amending Noise Violations and Imposing Administrative Penalties It is recommended that the City Council take the following actions: 1) Introduce the following ordinance amending Municipal Code sections 15-85 and 15-94: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING WEST COVINA MUNICIPAL CODE SECTIONS 15-85 AND 15-94 RELATING TO THE REGULATION OF NOISE 2) Adopt the following resolution establishing administrative fine for Municipal Code sections 15-85 and 15-94: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 9568 RELATING TO THE ESTABLISHMENT OF ADMINISTRATIVE FINES 09/16/08 4 Agenda material is available at www.westcovina.org City Council Agenda for S• ember 16, 2008 • D) CONSENT CALENDAR (continued) 4) Miscellaneous — City Manager's Office e) Resolution in Opposition to Proposition 7 — The Solar and Clean Energy Act of 2008 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, DECLARING ITS OPPOSITION TO PROPOSITION 7 — THE SOLAR AND CLEAN ENERGY ACT OF 2008 ACTION ON CONSENT CALENDAR ITEMS NUMBER D-I THROUGH D-4e Motion by second by to waive further reading of the resolutions/ordinances and adopt/introduce and approve all items except: ROLL CALL: Herfert, Hernandez, Sanderson, Touhey, Lane END OF CONSENT CALENDAR 09/16/08 5 Agenda material is available at www. westcovina.org City Council Agenda for September 16, 2008 E) PUBLIC HEARINGS 1) Public Hearing Community Development Block Grant Amendment to Action Plan This is a proposed amendment to the FY 2008-2009 Action Plan of the Community Development Block Grant (CDBG) program, which is a comprehensive one-year strategy that addresses the use of CDBG funds. 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 2008-2009 CDBG Action Plan. Motion by 2nd by approve disapprove hold over 2) Appeal Hearing Variance No. 08-04 Categorical Exemption Applicant: Anthony & Theresa Byrne Location: 1335 Crumley Street This is a proposal to deviate from off-street parking standards and legalize an existing converted garage for living purposes located in the front yard. The property is located within the "Single -Family Residential" (R-1) Zone, Area District I. a) Verification of 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: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND DENYING VARIANCE NO. 08-04 Motion by 2nd by to waive further reading of the resolution and adopt disapprove hold over 09/ 16/08 6 Agenda material is available at www.westcovina.org City Council Agenda for S•tember 16 2008 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 FINANCE DEPARTMENT 1) Amendment to License and Use Agreement with CCGS Holdings LLC (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 Communications 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. Motion by 2nd by to AB 1234 Conference and Meeting Report (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) H) MAYOR'S/COUNCILMEMBERS REPORTS 1) Councilmember Steve Herfert Resolution in Opposition to Conversion of High Occupancy Vehicle (HOV) Lanes to High Occupancy Toll (HOT) Lanes on Interstate 10 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, DECLARING ITS OPPOSITION TO THE CONVERSION OF HIGH OCCUPANCY VEHICLE (HOV) LANES TO HIGH OCCUPANCY TOLL (HOT) LANES ON INTERSTATE 10 Motion by 2nd by to waive further reading of,the resolution and adopt disapprove hold over 09/ 16/08 7 Agenda material is available at www.westcovina.org . � m e 2008 City Council Agenda for Septe b r 16, • I) COUNCILMEMBERS' REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS (Per City of West Covina Standing Rules 4.f — Requests by Councilmembers for reports, studies, or investigation 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) Councilmember Steve Herfert Request from Councilmember Steve Herfert Seeking the City Council's Consensus to Prepare a Resolution Opposing the Los Angeles County Metropolitan Transportation Authority (MTA) Proposed Half Cent Sales Tax Increase for Transportation Proiects It is recommended that the City Council direct staff accordingly. Motion by to J) COUNCILMEMBER COMMENTS ADJOURNMENT Motion by Tuesday Tuesday 09/ 16/08 2nd by 2nd by to adjourn the meeting at Tentative City Council Meetings October 7 7:00 p.m. Council Chambers Regular Meeting October 21 7:00 p.m. Council Chambers Regular Meeting 8 Agenda material is available at www.westcovina.org p.m.