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02-16-2010 - RegularTuesday February 16, 2010 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 PLEDGE OF ALLEGIANCE ROLL CALL Andrew Pasmant, City Manager Mayor Sanderson Mayor Sanderson, Mayor Pro Tem Herfert Councilmembers Hernandez, Lane, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS ANNOUNCEMENTS I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF V N / /v WAS POSTED IN CAEMROMCE WITH THE 01/87 BROWN ACT AMENDMENT Oft. a -if -ia ate�a O E 0 fHECITY CLERK City Council Agenda for February 16, 2010 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. 02/ 16/ 10 2 Agenda material is available at www.westcovina.org City Council Agenda for February 16, 2010 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 Mayor's/Councilmembers Reports 1) Mayor Shelley Sanderson Annual Appointment of City Council Representatives to Other Amencies It is recommended that the Mayor make appointments to the various organizations subject to City Council confirmation. It is further recommended that the representatives to the San Gabriel Valley Council of Governments be named in the following resolution and the Council adopt the resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, NAMING AS THE GOVERNING BOARD REPRESENTATIVE TO SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, AND AS THE ALTERNATE Motion by 2nd by to confirm the Mayor's appointments and adopt the resolution as recommended approve disapprove hold over 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) • Special Meeting of January 19, 2010 • Regular Meeting of January 19, 2020 { 02/16/10 3 Agenda material is available at www.westcovina.org City Council Agenda for February 16, 2010 D) CONSENT CALENDAR (continued) 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. • Benigna Fe vs. City of West Covina • Marisela N. Quintanilla vs. City of West Covina • Madeline Chandler vs. City of West Covina • Guadalupe Avalos vs. City of West Covina • Theodores Kezios vs. City of West Covina • Leilani Dalumpines vs. City of West Covina 3) Ordinance for Adoption Code Amendment No. 08-01 Non -Residential Zone Code Update This ordinance was introduced at the City Council meeting of February 2, 2010. The purpose of the ordinance is to amend Chapter 26 (Zoning) regarding maintenance standards, land uses, zoning designations, and clarifications of terms to the Nonresidential section of the Zoning Code related to commercial businesses and development, including parking standards, land uses and entitlement procedures. The ordinance will become effective 30 days after its adoption on March 18, 2010. 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 CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATING TO DEFINITIONS; PROCEDURE, HEARINGS, NOTICES, FEES AND CASES; NONRESIDENTIAL ZONES; MASSAGE PARLORS AND BATHHOUSES; AND ON -SALE ALCOHOL LICENSES SECTIONS OF THE MUNICIPAL CODE (CODE AMENDMENT NO. 08-01) 4) Traffic Committee Minutes of January 26, 2010 - (accept & file) L Request Michael Sandello, West Covina Resident That the traffic condition on Vanderhoof Drive from Citrus Street to Mesa Drive be reviewed. Traffic Committee Recommendation: That 25� miles per hour speed limit signs with radar enforced plates be installed on eastbound Vanderhoof Drive west of Mesa Drive. That Centerline on approaches to the intersection of Vanderhoof Drive and Mesa Drive be painted and marked with raised reflective pavement markers. That side road sign (W2-2) be installed on Vanderhoof Drive east of Mesa Drive. 4' 02/16/10 4 Agenda material is available at www. westcovina. org City Council Agenda for February 16, 2010 D) CONSENT CALENDAR (continued) 5) Miscellaneous — City Clerk's Office Destruction of Documents as Prescribed by Law It is recommended that the City Council adopt the following resolution authorizing the destruction of specific records: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-5: Motion by second by to approve all items on the Consent Calendar as recommended except: ROLL CALL: Herfert, Hernandez, Lane, Touhey, Sanderson END OF CONSENT CALENDAR 02/16/10 5 (, Agenda material is available at www.westcovina.org City Council Agenda for February 16, 2010 E) PUBLIC HEARINGS 1) Public Hearing Restricting Parking Citywide During Street Sweeping Hours This is a public hearing to consider a resolution establishing new fees and service charges related to parking permits for on -street parking on street sweeping days. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: It is following actions: recommended that the City Council take the 1. Introduce the following Ordinance to implement Option 1: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING SECTION 22-192 OF THE WEST COVINA MUNICIPAL CODE RELATING TO THE PROHIBITION OF PARKING TO FACILITATE STREET SWEEPING 2. Appropriate $68,000 from unappropriated Sewer Fund (189) balance for start-up costs. 3. Adopt the following resolution to establish annual parking permit fee for street sweeping exemptions: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING AND INCREASING CERTAIN FEES (PARKING PERMIT REVIEW FEE) Motion by second by to approve all items as recommended except: ROLL CALL: Herfert, Hernandez, Lane, Touhey, Sanderson 02/16/10 6 Agenda material is available at www.westcovina.org City Council Agenda for February 16, 2010 E) PUBLIC HEARINGS (continued) 2) Public Hearing Del Norte Park Master Plan Amendment No. 2 Categorical Exemption Applicant: City of West Covina Location: Del Norte Park, 1598 W. Rowland Avenue This is a hearing to consider a request for extension of the evening use of the sports field and sports field lighting from 9:00 p.m. to 10:15 p.m. a) Verification of publication/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, APPROVING DEL NORTE PARK MASTER PLAN, AMENDMENT NO. 2 Motion by 2°d by adopt disapprove hold over 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 1) 2009-10 Fiscal Year Mid -Year Budget Update It is recommended that the City Council take the following actions: 1. The City Council receive and file this report. 2. Transfer CIP Project appropriation in the Amount of $25,000 from account number 172.83.8812.7900 (Municipal Pool Study) as follows: a. $9,000 to 172.xx.xxxx.xxxx for the purchase and installation of rink - curtains at the West Covina Roller Hockey Facility, and b. $16,000 to 172.xx.xxxx.xxxx for the purchase of tables, chairs, canopies and trash cans at City recreational facilities, including the municipal pool. 02/16/10 7 Agenda material is available at www.westcovina.org City Council Agenda for February 16, 2010 H) MAYOR'S/COUNCILMEMBERS REPORTS 1) Councilmember Roger Hernandez Report on the Permit Process and Fee Structure for Solar Panel Installation It is recommended that the City Council receive and file this report. Motion by 2"d by to receive and file. 2) Councilmember Roger Hernandez Tobacco Retail -Licensing Ordinance to Reduce Youth Access to Tobacco It is recommended that the City Council direct staff accordingly. 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.) If applicable, Councilmembers may make a verbal report at this time. 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 Roger Hernandez Request from Councilmember Roger Hernandez Instructing City Staff to Prepare a Report for the City Council to Reconsider Providing Funding to Televise Citv Council Meetings It is recommended that the City Council direct staff accordingly. Motion by to 2"d by 02/16/10 8 Agenda material is available at www.westcovina.org City Council Agenda for February 16, 2010 COUNCILMEMBER COMMENTS ADJOURNMENT Motion by Tuesday Tuesday 2nd by to adjourn the meeting at Tentative City Council Meetings February 16 7:00 p.m. Council Chambers Regular Meeting March 2 7:00 p.m. Council Chambers Regular Meeting p.m. 02/16/10 9 Agenda material is available at www.westcovina.org