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03-17-2009 - RegularTuesday March 17, 2009 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 wivw.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 Andrew Pasmant, City Manager PLEDGE OF ALLEGIANCE Mayor Hernandez ROLL CALL Mayor Hernandez, Mayor Pro Tem Sanderson, Councilmembers Herfert, Lane, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS * Certificates of Recognition West Covina Bruins Cheerleaders * Rowland Unified School District Superintendent Dr. Maria Ott. ANNOUNCEMENTS I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF 31 t 7J09 WAS POSTED IN RDANCE WITH TH 01J87 BROWN ACT AMENDMENT D . 3—ia- OFFISE QUE CITY CLERK City Council Agenda for March 17, 2009 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. 03/17/09 2 Agenda material is available at www.westcovina.org " City Council Agenda for March 17, 2009 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) No minutes for this meeting. 2) Commission Summary of Actions (receive & file) No reports for this meeting. 3) 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. • Juan Francisco Tavarez Jr. vs. City of West Covina • Aurora "Betty" Valles vs. City of West Covina 4) Ordinance for Adoption a) Ordinance Accepting the Commission on Peace Officer Standards and Training (POST) Training and Recruitment Standards Relating to Public Safety Dispatchers This ordinance was introduced at the City Council meeting of March 3, 2009 and will allow the City to be reimbursed costs to train public safety dispatchers according to POST requirements, and reduce the City's exposure to liability. This ordinance will become effective on April 16, 2009. 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, ACCEPTING THE COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING (POST) REQUIREMENTS AS TO THE RECRUITMENT AND TRAINING STANDARDS OF PUBLIC SAFETY DISPATCHERS 03/17/09 3 Agenda material is available at www. westcovina.org City Council Agenda for March 17, 2009 D) CONSENT CALENDAR (continued) 4) Ordinance for Adoption (continued) b) Implementation of Paid Parking at the Civic Center This ordinance was introduced at the City Council meeting of March 3, 2009 and is an enabling ordinance which will allow the City to implement a pay -per -space parking plan for the portion of the Civic Center parking spaces it owns. This ordinance will become effective on April 16, 2009. 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, ESTABLISHING SECTION 22-191 OF THE WEST COVINA MUNICIPAL CODE TO PROHIBIT, RESTRICT OR REGULATE THE PARKING, STOPPING AND STANDING ON THE CIVIC CENTER PARKING OWNED OR OPERATED BY THE CITY OF WEST COVINA Miscellaneous — Community Services Department c) Extension of Transportation Agreement for Fixed Route Shuttle Services and Dial -A -Ride Services It is recommended that the City Council authorize the City Manager to extend the transportation agreement with Southland Transit for up to two additional years. Miscellaneous — Human Resources d) Approval of Revised Classification Specification for Fire Protection Specialist It is recommended that the City Council adopt the following resolution regarding the proposed revised classification specification (class spec) for Fire Protection Specialist. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE REVISED CLASSIFICATION SPECIFICATION FOR FIRE PROTECTION SPECIALIST Miscellaneous — Police Department e) Replacement of Police Copiers It is recommended that the City Council find that the National Joint Powers Alliance contract #021808-SP for Sharp MX-850 and AR-M355U copiers satisfies West Covina's bid process and authorize the Chief of Police to enter into a 60-month lease agreement with the City's vendor, MWB Business Systems. 03/17/09 4 Agenda material is available at www. westcovina.org City Council Agenda for March 17, 2009 D) CONSENT CALENDAR (continued) 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) AB 1234 Conference and Meeting Report — International Council of Shopping Centers (ICSC) and California Park & Recreation Society Meeting and Conference Report It is recommended that the City Council receive and file the report. ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-5: Motion by second by to waive further reading of the resolutions/ordinances and adopt, and approve all items except: ROLL CALL: Herfert, Lane, Sanderson, Touhey, Herndndez END OF CONSENT CALENDAR 03/17/09 5 Agenda material is available at www.westcovina.org City Council Agenda for March 17, 2009 E) G) H) PUBLIC HEARINGS 1) Public Hearing Code Amendment No. 09-01 General Exemption Christmas Tree Sales Code Update Applicant: City of West Covina Location: Citywide The proposed code amendment consists of certain amendments to Section 26-604 of the West Covina Municipal Code as it relates to Christmas tree sales. 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 RELATED TO CHRISTMAS TREE SALES (CODE AMENDMENT NO 09-01) Motion by to waive further reading 2nd by the ordinance, read by title only and introduce disapprove hold over COMMUNITY DEVELOPMENT COMMISSION No meeting scheduled. DEPARTMENTAL MATTERS No reports scheduled. MAYOR'S/COUNCILMEMBERS REPORTS No reports scheduled 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) If applicable, Councilmembers may make a verbal report at this time. 03/17/09 6 Agenda material is available at www.westcovina.org City Council Agenda for March 17, 2009 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) Request from Councilmember Michael Touhey Request from Councilmember Michael Touhey Requesting the City Council Adopt a Resolution in Support of Glenn Kennedy's Volunteer Graffiti Abatement Program for Interstate 10 It is recommended that the City Council direct staff accordingly. Motion by to 2nd by 2) Request from Councilmember Michael Touhey Request from Councilmember Michael Touhey Requesting the City Council Review the City's Public, Education, & Government (PEG) Fee Account It is recommended that the City Council direct staff accordingly. Motion by to COUNCILMEMBER COMMENTS ADJOURNMENT Motion by Tuesday Tuesday 03/17/09 2nd by 2nd by to adjourn the meeting at Tentative City Council Meetings April 7 7:00 p.m. Council Chambers Regular Meeting April 21 7:00 p.m. Council Chambers Regular Meeting 7 Agenda material is available at www.westcovina.org p.m.