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11-04-2008 - Regular• • Tuesday November 4, 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 ivjvnm,estcovina.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. 110►�l��M_U� PLEDGE OF ALLEGIANCE Councilmember Sanderson ROLL CALL Mayor Lane, Mayor Pro Tern Hernandez Councilmembers Herfert, Sanderson, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS * Certificates of Recognition Extreme Dance FX * Certificate of Recognition Blue Ribbon School Vine Elementary * Certificate of Recognition California Distinguished School San Jose Edison Academy I CERTIFY THAT A COPY ANNOUNCEMENTS THE MEETING OF YJ f o P IN ACCOR 01/87 SI WN ACT AM 310ME r DATEDt 10 OFFICE OF THE W1 • City Council Agenda for November 4, 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 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 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 /04/08 2 Agenda material is available at www.westcovina.org City Council Agenda for November 4, 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 June 17, 2008 2) Commission Summary of Actions (receive & file) a) Human Resources .................................................. 09/10/08 b) Planning.................................................................. 10/14/08 3) Ordinance for Adoption a) Ordinance Amending Noise Ordinance Violations and Imposing Administrative Penalties This ordinance was introduced at the Council meeting of October 7, 2008. This ordinance will modify two existing municipal code sections that will address noise and music disturbances within West Covina. This ordinance will become effective 30 days after adoption on December 4, 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 WEST COVINA MUNICIPAL CODE SECTIONS 15-85 AND 15-94 RELATING TO THE REGULATION OF NOISE 4) Award of Bid Personal Protective Equipment — Award of Purchase It is recommended that the City Council take the following actions: 1. Approve an award of purchase for fifteen (15) sets of Personal Protective Equipment (PPE) from Fisher Scientific Company for a total cost of $28,115.85 based on pricing awarded at the January 15, 2008, City Council meeting. 2. Approve future PPE purchases from Fisher Scientific Company based on the formal contract established by the City of Glendale and extended through September 2009. Prices for additional purchases will increase five percent (5%) over the 2008 prices. Future PPE expenditures will not exceed the amount budgeted for PPE replacement each year. 11 /04/08 3 Agenda material is available at www. westcovina.org City Council Agenda for November 4, 2008 D) CONSENT CALENDAR (continued) 5) Traffic Committee Meeting Minutes of October 21, 2008 — (accept & file) L Carol Campo, West Covina Resident That speed humps be installed along Forecastle Avenue between La Puente Road and Pinefalls Drive. Traffic Committee Recommendation That speed humps be installed along Forecastle Avenue between La Puente Road and Pinefalls Drive with the appropriate warning signs. 6) City Treasurer's Report (receive & file) Report for the Month of September 2008 7) Miscellaneous - City Manager's Office a) Blue Star Street Banner Program It is recommended that the City Council: 1. Gift the Blue Star Banner to residents once their family member leaves the armed forces, and 2. Establish a Blue Star Street Banner Fund to receive donations from residents or businesses to assist in the cost of the Blue Star Street Banner Fund. Miscellaneous - Community Services Department b) Mid -Valley Corridor Transportation Corridor Feasibility Study, Request for Aanroariation It is recommended that the City Council appropriate up to $15,000 from Proposition A Funds, Account 121.51.51xx.xxxx to subsidize the joint Mid -Valley Transportation Corridor Feasibility Study. Miscellaneous - Public Works Department c) Landscape Maintenance District No. 4 — Public Meeting It is recommended that the City Council receive and file this report. 8) 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) AB1234 Conference and Meeting Report International Economic Development Council It is recommended that the City Council receive and file this report. ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-8: Motion by second by to waive further reading of the ordinance and adopt and approve all items except: ROLL CALL: Herfert, Hernandez, Sanderson, Touhey, Lane END OF CONSENT CALENDAR 11 /04/08 4 Agenda material is available at www.westcovina.org City Council Agenda for November 4, 2008 E) PUBLIC HEARINGS 1) Public Hearing Fees and Charges (Overnight Parking Permit Fee) 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: 1. Adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING CERTAIN FEES (OVERNIGHT PARKING PERMIT FEE) 2. Appropriate $299,500 from the General Fund Reserves for start up costs and six months operating costs. Motion by 2nd by to waive further reading of the resolution and adopt, and approve appropriation request. approve disapprove hold over 11 /04/08 5 Agenda material is available at www.westcovina.org City Council Agenda for November 4, 2008 E) PUBLIC HEARINGS (continued) 2) Appeal Hearing Appeal of Planning Commission Approval of Conditional Use Permit No. 07- 012, Administrative Use Permit No. 07-27, and Planning Director's Modification No. 07-18 Applicant: Juan Corona Appellant: Ronald J. Lauciello Location: 232 S. Glendora Avenue The project consists of live entertainment in conjunction with a restaurant, dancing, a banquet facility, alcoholic beverage service and outdoor seating. This is an appeal of the Planning Commission approval of September 23, 2008. a) Verification of publication 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 resolutions: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT NO. 07-12 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING ADMINISTRATIVE USE PERMIT NO. 07-27 Motion by 2nd by to waive further reading of the resolutions and adopt disapprove hold over Staff further recommends that the City Council uphold the decisions of the Planning Commission and approve Planning Director's Modification No. 07- 18. Motion by 2nd by approve disapprove hold over 11/04/08 6 Agenda material is available at www.westcovina.org City Council Agenda for November 4, 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 PUBLIC WORKS 1) Ordinance for Adoption Ordinance Amending the West Covina Municipal Code Relating to Overnight Parking This ordinance was introduced at the Council meeting of October 7, 2008. This ordinance will modify the City's existing overnight parking program and implement a citywide overnight parking restriction program to address complaints from residents and many other concerns involving public safety and the improvement of neighborhoods. This ordinance will become effective 30 days after adoption on December 4, 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 22-175 OF THE WEST COVINA MUNICIPAL CODE RELATING TO OVERNIGHT PARKING RESTRICTIONS IN LIMITED AREAS Motion by 2nd by to waive further reading of the ordinance and adopt disapprove hold over ROLL CALL: Herfert, Hernandez, Sanderson, Touhey, Lane FINANCE DEPARTMENT 2) 2007-08 and 2008-09 Fiscal Years Budget Update It is recommended that the City Council: 1. Receive and file the budget update. 2. Provide direction on additional revenue items. Motion by 2nd by to CITY MANAGER'S OFFICE 3) Electronic Waste Collection and Recycling Services Staff recommends that the City Council provide direction regarding the selection of an electronic waste collection/recycling service provider. Motion by 2nd by to 11 /04/08 7 Agenda material is available at www. westcovina.org City Council Agenda for November 4, 2008 G) DEPARTMENTAL MATTERS POLICE DEPARTMENT 4) Towiny, Services Contract It is recommended that the City Council consider alternatives and provide direction to City staff. Motion by 2nd by to H) MAYOR'S/COUNCILMEMBERS REPORTS No reports for this meeting. 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) 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) No reports for this meeting. J) COUNCILMEMBER COMMENTS ADJOURNMENT Motion by Tuesday Tuesday 11 /04/08 2nd by to adjourn the meeting at Tentative City Council Meetings November 18 7:00 p.m. Council Chambers Regular Meeting December 2 7:00 p.m. Council Chambers Regular Meeting 8 Agenda material is available at www.westcovina.org p.m.