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12-02-2008 - Regulari Tuesday December 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 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 Pastor Kelly Dupee Faith Community Church PLEDGE OF ALLEGIANCE Councilmember Lane ROLL CALL Mayor Hernandez, Mayor Pro Tern Sanderson Councilmembers Herfert, Lane, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF/;k- /;� / MINAS POSTED IN ACCORDANCE WITH THE Ot BROWN ACT AMENDMENT DATED: ► / /�1,0 y OFFICE OF THE CITY CLERK i • City Council Agenda for December 2, 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. Agenda material is available at www.westcovina.org City Council Agenda for December 2, 2008 E 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 PUBLIC HEARINGS 1) Appeal Hearing Appeal of Planning Commission Approval of Conditional Use Permit No. 07- 12, Administrative Use Permit No. 07-27, and Planning Director's Modification No. 07-18 Applicant: Juan Corona Appellant: Ronald J. Lauciello Location: 232 South Glendora Avenue (Corona Grill Restaurant) This item was continued from the City Council meeting of November 4, 2008. The appeal of this project consists of permits to allow live entertainment, outdoor seating, and modification of the architecture and color of the building. 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, read by title only, 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 approve 2nd by disapprove hold over 12/02/08 3 Agenda material is available at www.westcovina.org • City Council Agenda for December 2, 2008 Ll C) ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS DEPARTMENTAL MATTERS 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 to CITY MANAGER'S OFFICE 2nd by to 3) Electronic Waste Collection and Recycling Services Staff recommends that the City Council either solicit proposals or. provide direction regarding the selection of an electronic waste collection/recycling service provider. Motion by to POLICE DEPARTMENT 2nd by 4) Towing Services Contract It is recommended that the City Council consider the alternatives and provide direction to City staff. Motion by 2nd by to to 12/02/08 4 Agenda material is available at www.westcovina.org City Council Agenda for •ember 2, 2008 D) CONSENT CALENDAR 1) City Council Meeting Minutes (receive & file) • Regular Meeting of July 1, 2008 • Special Meeting of July 22, 2008 2) Commission Summary of Actions (receive & file) a) Community Services .............................................. 07/08/08 b) Human Resources ................................................. 10/08/08 c) Senior Citizens Commission .................................. 08/28/08 3) Miscellaneous — City Clerk's Office a) Conflict of Interest Code Biennial Update It is recommended that the City Council adopt the following resolutions amending the City of West Covina's Conflict of Interest Code. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE CITY OF WEST COVINA RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE WEST COVINA COMMUNITY DEVELOPMENT COMMISSION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE WEST COVINA PUBLIC FINANCING AUTHORITY Miscellaneous — Community Services Department b) Seeking City Council Support for the Submission of Projects for Potential Grant Fundine It is recommended that the City Council approve the suggested project list for potential grant funding through the Water Working Group of the San Gabriel Valley Council of Governments (SGVCOG). Miscellaneous — Public Works c) BKK Landfill Site Ouarterly Status Report-P It is recommended that the City Council receive and file this report. 12/02/08 5 Agenda material is available at www.westcovina.org City Council Agenda for December 2, 2008 D) CONSENT CALENDAR (continued) 3) Miscellaneous — Public Works d) Request for Reallocation of Property Taxes Los Angeles County Sanitation District No. 22 (Annexation No. 402) LOCATION: 3750 SOUTH GARVEY AVENUE - RESIDENTIAL 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, ADOPTING THE JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 22 OF THE COUNTY OF LOS ANGELES, AND THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM AN ANNEXATION TO COUNTY SANITATION DISTRICT NO. 22, BEING ANNEXATION NO.402 4) 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) AB 1234 Conference and Meeting Report — National League of Cities It is recommended that the City Council receive and file the report. 5) City Treasurer's Report (receive & file) Report for the Month of October 2008 ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-5: Motion by second by to waive further reading of the resolutions and adopt and approve all items except: ROLL CALL: Herfert, Lane, Sanderson, Touhey, Hernandez END OF CONSENT CALENDAR 12/02/08 6 Agenda material is available at www.westcovina.org City Council Agenda for D mber 2, 2008 • E) PUBLIC HEARINGS 1) Public Hearing West Covina Landscape Maintenance District No. 4 This hearing was continued from the November 4, 2008 City Council meeting. a) Open hearing b) Staff presentation c) Public testimony d) Close hearing e) Council discussion f) Recommendation: It is recommended that the City Council: 1. Tabulate the ballots this evening to determine if a majority protest against the proposed changed assessment exists. 2. If there is not a majority protest, the adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2009 3. If there is a majority protest against the changed assessment, then adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2009, AND FIXING ASSESSMENTS FOR FISCAL YEAR 2009-2010 IN THE AMOUNT BASED ON THE EXISTING FISCAL YEAR 2008-2009 ASSESSMENT RATES AND METHODOLOGY Motion by 2nd by to waive further reading of the resolution, read by title only, and adopt disapprove hold over 12/02/08 7 Agenda material is available at www. westcovina.org City Council Agenda for December 2, 2008 E) PUBLIC HEARINGS 2) Appeal Hearing General Plan Amendment No. 08-03; Westside Area Plan Amendment No. 6 Appeal of Tentative Tract Map No. 70436; Appeal of Variance No. 08-13; Negative Declaration of Environmental Impact Location: 933 —1007 South Orange Avenue Appellant: Angela Hui This is an appeal of the October 14, 2008 Planning Commission's denial of a proposal to subdivide a 1.42-acre site into seven single-family residential lots and a private street. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: Staff recommends that the City Council adopt the following resolutions: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO. 08-03, WESTSIDE AREA PLAN AMENDMENT NO. 6, TENTATIVE TRACT MAP NO. 70436, AND VARIANCE NO. 08-13 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 08-13 AND WESTSIDE AREA PLAN AMENDMENT NO. 6 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE TRACT MAP NO. 70436 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND APPROVING VARIANCE NO. 08-13 Motion by 2nd by to waive further reading of the resolutions, read by title only, and adopt disapprove hold over 12/02/08 8 Agenda material is available at www.westcovina.org City g Council Agenda for Recember 2 2008 C� J E) F) G) PUBLIC HEARINGS 3) Public Hearing Code AmendmentNo. 08-03 Single -Family Residential Zone Code Update The proposed code amendment consists of certain amendments to Chapter 26 (Zoning) of the Municipal Code relating to permitted uses, development standards, establishment of the Design Review Subcommittee of the Planning Commission and updating and clarifying the "Residential Agricultural/Single- Family Residential" (R-A/R-1) Zone standards. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: The Planning Commission recommends that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATING TO DEFINITIONS, PERMITTED USES, DEVELOPMENT STANDARDS, AND THE ESTABLISHMENT OF THE DESIGN REVIEW SUBCOMMITTEE IN SINGLE-FAMILY RESIDENTIAL ZONES (CODE AMENDMENT NO. 08-03) Motion by 2nd by to waive further reading of the ordinance, read by title only, and introduce ROLL CALL: _ disapprove hold over Herfert, Lane, Sanderson, Touhey, Hernandez COMMUNITY DEVELOPMENT COMMISSION Recess the City Council meeting at Reconvene the City Council meeting at DEPARTMENTAL MATTERS CITY MANAGER'S OFFICE p.m. to convene the CDC. p.m. 1) An Ordinance to Change the Frequency of the Community Services, Human Resources, and Senior Citizens Commissions Meetings City staff recommends that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 2-71 RELATING TO MEETING TIMES AND PLACES OF CITY BOARDS AND COMMISSIONS, TO CHANGE THE FREQUENCY OF THE MEETING DATE OF THE COMMUNITY SERVICES COMMISSION, THE HUMAN RESOURCES COMMISSION AND THE SENIOR CITIZENS COMMISSION, FROM AT LEAST ONCE PER MONTH TO AT LEAST ONCE EVERY OTHER MONTH EFFECTIVE FEBRUARY 1, 2009 Motion by 2nd by to waive further reading of the ordinance, read by title only, and introduce disapprove hold over ROLL CALL: Herfert, Lane, Sanderson, Touhey, Hernandez 12/02/08 9 Agenda material is available at www.westcovina.org rI L City Council Agenda for December 2, 2008 G) H) DEPARTMENTAL MATTERS (continued) POLICE DEPARTMENT 2) Introduction of an Ordinance Amending Graffiti Violations and Imposing Administrative Penalties It is recommended that the City Council take the following action: 1. Introduce the following ordinance amending the West Covina Municipal Code sections: 1-37; 15-104; 15-105; 15-106; 15-107; 15-108; 15-221; 15-222; 15- 223; 15-226; 15-227; and 15-229: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING PROVISIONS OF THE WEST COVINA MUNICIPAL CODE TO ALLOW AN ADMINISTRATIVE CITATION TO BE ISSUED TO THOSE WHO VIOLATE GRAFFITI PROVISIONS, AND TO THE PARENTS OF MINORS WHO VIOLATE GRAFFITI PROVISIONS Motion by 2nd by to waive further reading of the ordinance, read by title only, and introduce ROLL CALL: _ disapprove hold over Herfert, Lane, Sanderson, Touhey, Hernandez 2. Adopt the following resolution establishing administrative fines for Municipal Code sections: 15-100; 15-101(a); 15-102; and 15-103: 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 Motion by 2nd by to waive further reading of the resolution, read by title only, and adopt disapprove hold over 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) 12/02/08 10 Agenda material is available at www.westcovina.org City Council Agenda for Pecember 2, 2008 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 Roger Hernandez Request From Mayor Roger Hernandez Requesting the City Council Consider Developing a No -Cost Cable Television Production Assistant Internship Protram It is recommended that the City Council direct staff accordingly Motion by to J) COUNCILMEMBER COMMENTS ADJOURNMENT Motion by Tuesday Tuesday 12/02/08 2nd by 2nd by to adjourn the meeting at Tentative City Council Meetings December 16 7:00 p.m. Council Chambers Regular Meeting January 6 7:00 p.m. Council Chambers Regular Meeting 11 Agenda material is available at www.westcovina.org p.m.