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07-07-2009 - RegularTuesday July 7, 2009 • WEST COV�IA 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 wwmwestcovina.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 Mayor Pro Tern Sanderson ROLL CALL Mayor Hernandez, Mayor Pro Tern Sanderson, Councilmembers Herfert, Lane, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS * Certificate of Appreciation Tennant Foundation ANNOUNCEMENTS I CERTIFY THAT A COPY OF COUNCIL AGENDA FOR THE MEETING OF % / 7 / fWAS POSTED IN ACCORDANCE WITH THE 01/87 BROWN ACT AMENDMENT LFF ATH2 OICTy CLERK City Council Agenda for J* 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 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. 07/07/09 2 Agenda material is available at www. westcovina.org City Council Agenda for J*, 2009 0 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. Per Resolution No. 2009-25 adopted June 2, 2009, when the titles of ordinances and resolutions appear on the City Council agenda, they shall be deemed to have been read by title. and further reading is waived. 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 All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council request specific items to be removed from the Consent Calendar for separate action. 1) City Council Meeting Minutes (receive & file) • Regular Meeting of March 3, 2009 • Special Meeting of March 17, 2009 • Regular Meeting of March 17, 2009 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. • Curtis Sanders vs. City of West Covina • Robert Smith vs. City of West Covina • Sharon Garcia vs. City of West Covina 3) Traffic Committee Minutes of June 16, 2009 — (accept & file) I. City Initiated That parking on Baymar Street from Shamwood Street to North Garvey Avenue be restricted to permit only parking. Traffic Committee Recommendation: That parking on Baymar Street from Shamwood Street to North Garvey Avenue be restricted to permit only parking. H. Linda Mooney, West Covina resident That parking on Woodgate Drive from Temple Avenue to Courtnay Circle be restricted to permit only parking. Traffic Committee Recommendation: That parking on Woodgate Drive from Temple Avenue to Courtnay Circle be restricted to permit only parking. Item D-3 above continues on the next page 07/07/09 3 Agenda material is available at www.westcovina.org City Council Agenda for A, 2009 D) CONSENT CALENDAR (continued) 3) Traffic Committee Minutes of June 16, 2009 — (accept & file) (continued) III. City Initiated That a multi -way stop sign be installed at the intersection of Fairway Lane and Garvey Avenue North. Traffic Committee Recommendation: That stop signs and appropriate pavement markings be placed on the west and eastbound approaches of Fairway Lane at North Garvey Avenue. 4) City Treasurer's Report (receive & file) Report for the Month of May 2009 5) Miscellaneous - City Manager's Office a) Resolution Opposing the State of California's Unconstitutional Take Away of the City of West Covina's Gas Tax 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, AUTHORIZING THE CITY ATTORNEY TO COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES, OTHER CITIES AND COUNTIES IN LITIGATION CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF THE CITY'S STREET MAINTENANCE FUNDS Miscellaneous - Community Services Department b) Five Year Extension of the Bus Shelter Advertising Agreement with Clear Channel Outdoor, Inc. It is recommended that the City Council authorize the City Manager to execute a five-year extension of the Clear Channel Outdoor, Inc. Bus Shelter Advertising Agreement through June 30, 2014. 5) Miscellaneous — Public Works Department c) Lot Line Adjustment No. 176 Location: 112 Plaza Drive Applicant: Westfield Corporation, Inc. 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, APPROVING LOT LINE ADJUSTMENT NO. 176 LOCATED AT 112 PLAZA DRIVE AND DIRECTING THE RECORDATION THEREOF 07/07/09 4 Agenda material is available at www. westcovina.org City Council Agenda for J#, 2009 • D) CONSENT CALENDAR (continued) 5) Miscellaneous — Risk Management d) Payment of FY 2009-10 Excess Workers' Compensation Insurance Coverage It is recommended that the City Council authorize payment of the City's 2009/10 Excess. Workers' Compensation coverage with the Big Independent Cities Excess Pool (BICEP), in the amount of $66,000, to be paid from account 363.15.1530.6418. e) Payment of FY 2009/10 Excess Liability Insurance Coverage and Approval of Continued Membership with the Big Independent Cities Excess Pool (BICEP) It is recommended that the City Council: 1. Authorize payment of the City's 2009/10 excess liability insurance coverage with the Big Independent Cities Excess Pool (BICEP) in the amount of $348,600 to be paid from account 361.15.1530.6411. 2. Approve West Covina's continued membership in BICEP for an .additional three years beginning July 1, 2009. ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-5e: Motion by second by to adopt resolutions as recommended and approve all items except: ROLL CALL: Herfert, Lane, Sanderson, Touhey, Herndndez END OF CONSENT CALENDAR 07/07/09 5 Agenda material is available at www. westcovina.org ' City Council Agenda for J*' 2009 E) PUBLIC HEARINGS 1) 2) FY2009-2010 Community Development Block Grant (CDGB) Program Public Service Proiect Funding 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) Allocate $203,068 CDBG funds to the Public Services Projects in Attachment #1 of the report under staff recommendation Column H; 2) Direct staff to reduce funding allocations to all programs, on a percentage basis, if the actual amount of program income received through June 30, 2009 is less than the projected $156,268. Motion by approve 2nd by disapprove hold over Public Hearing Code Amendment No. 08-06 — Mobile Food Vendors 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 introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 14 (LICENSES AND BUSINESS REGULATIONS) AND CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATING TO MOBILE FOOD VENDORS (CODE AMENDMENT NO. 08-06) Motion by 2nd by introduce disapprove hold over 07/07/09 6 Agenda material is available at www. westcovina.org City Council Agenda for A, 2009 G) DEPARTMENTAL MATTERS CITY MANAGER'S OFFICE 1) 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 _ 2nd by to CALL TO ORDER THE COMMUNITY DEVELOPMENT COMMISSION A T PM. Roll Call: Chairman Herndndez, Vice Chairman Sanderson Commissioner Herfert, Commissioner Lane, Commissioner Touhey PUBLIC WORKS 2) Election on the Levy of Special Taxes in Community Facilities District No. 2009-1 and Certification of the Election Results The purpose of this item is to conduct an election on Community Facilities District No. 2009-1 (the "District") and the levy of special taxes to finance the ongoing maintenance and operations of the roadways, curbs and gutters, sidewalks, multi -purpose trails, storm drains, and related infrastructure within the District (pursuant to the Resolution of Consideration); Election and Casting of votes by the City Council and Community Development Commission City Council Action It is recommended that the City Council adopt the following Resolution casting the City's votes in favor of the levy of special taxes in the District: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, VOTING IN FAVOR OF LEVYING SPECIAL TAXES TO FINANCE SPECIFIED PUBLIC FACILITIES AND SERVICES FOR COMMUNITY FACILITIES DISTRICT NO. 2009-1 Motion by adopt disapprove 2nd by carryover to Communi Development Commission Action It is recommended that the Community Development Commission adopt the following Resolution casting the Community Development Commission's votes in favor of the levy of special taxes in the District: RESOLUTION NO. - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF WEST COVINA, CALIFORNIA, VOTING IN FAVOR OF LEVYING SPECIAL TAXES TO FINANCE SPECIFIED PUBLIC FACILITIES AND SERVICES FOR COMMUNITY FACILITIES DISTRICT NO. 2009-1 Motion by adopt 2nd by disapprove carryover Item G-2 continues on the next page to 07/07/09 7 Agenda material is available at www.westcovina.org City Council Agenda for J*, 2009 • G) DEPARTMENTAL MATTERS (continued) PUBLIC WORKS (continued) 2) Election on the Levy of Special Taxes in Community Facilities District No. 2009-1 and Certification of the Election Results (continued) Certifying Election Results It is recommended that the City Council adopt the following Resolution certifying the election results: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE RESULTS OF THE ELECTION HELD ON JULY 7, 2009, ON THE LEVY OF SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 2009-1 Motion by adopt disapprove 2nd by carryover to It is further recommended that in the event that two-thirds or more of the votes cast in the election are in favor of the levying of special taxes to fund ongoing maintenance and operations of the roadways, curbs and gutters, sidewalks, multi- purpose trails, storm drains, and related infrastructure, and the results of the election are certified by the City Council, the City Council should then direct the City Clerk to conduct the second reading of the Ordinance levying and apportioning special taxes in the District. ORDINANCE. NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, LEVYING AND APPORTIONING SPECIAL TAXES IN COMMUNITY FACILITIES DISTRICT NO. 2009-1, IN ACCORDANCE WITH RESOLUTION NO. 2009- 11 AND 2009-17 Motion by adopt disapprove 2nd by carryover to F) COMMUNITY DEVELOPMENT COMMISSION Recess the City Council meeting at p.m. to continue the CDC. Reconvene the City Council meeting at p.m. 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) If applicable, Councilmembers may make a verbal report at this time. 07/07/09 8 Agenda material is available at www.westcovina.org City Council Agenda for J* 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) Councilmember Michael Touhey Request from Councilmember Michael Touhey Requesting the City Council to Instruct City Staff to Prepare a Report Renaming the Street Entering the Civic Center after Judse Robert O. Young It is recommended that the City Council direct staff accordingly. Motion by to COUNCILMEMBER COMMENTS ADJOURNMENT Motion by Tuesday Tuesday 07/07/09 2nd by 2nd by to adjourn the meeting at Tentative City Council Meetings July 21 7:00 p.m. Council Chambers Regular Meeting August 4 7:00 p.m. Council Chambers Regular Meeting 9 Agenda material is available at www.westeovina.org p.m.