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06-01-2010 - Regular• • Tuesday June 1, 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 Dr. Glen Thorp, Pastor Community Presbyterian Church Councilmember Hernandez Mayor Sanderson, Mayor Pro Tern 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 6 1 / I/ 0 wAs POSTED IN ACCORDANCE WITH THE 01/87 BROV ACT AMENDMENT DATED: S 1�)/llz':_ . �, �71"f OFFICE OF THE CITE' CLE City Council Agenda for Oe 1, 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. 06/01/10 2 Agenda material is available -at www.westcovina.org City Council Agenda for Joe 1, 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 No items 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) • Special Meeting of May 4, 2010 • Regular Meeting of May 4, 2010 2) Commission Summary of Actions (receive & file) Community Services.......................................................................03/09/10 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. • Darlene Row vs. City of West Covina • Joseph Victoria/Mercury Insurance vs. City of West Covina • Cheryl Mitchell vs. City of West Covina 06/01 /10 3 Agenda material is available at www.westcovina.org City Council Agenda for A 1, 2010 • D) CONSENT CALENDAR (continued) 4) Ordinance for Adoption Ordinance Amending Section 2-68 and 2-69(c) OF chapter 2, Article III of the West Covina Municipal Code to Eliminate Staggering of City Commissioners Terms of Office This ordinance was introduced at the City Council meeting of May 18, 2010. The ordinance will eliminate the staggering of terms of city commissioners as adopted in Ordinance No. 2201. The ordinance will become. effective 30 days after its adoption on July 1, 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 SECTIONS 2-68 AND 2-69(c) OF CHAPTER 2, ARTICLE III, OF THE WEST COVINA MUNICIPAL CODE TO ELIMINATE THE STAGGERING OF COMMISSIONERS TERMS OF OFFICE 5) City Treasurer's Report (receive & file) Report for the Month of April 2010 6) Miscellaneous - Public Works Department a) Construction and Demolition (C&D) Debris Management — Ordinance Introduction It is recommended that the City Council introduce the following ordinance amending Chapter 7 of the City of West Covina Municipal Code by adding Article XVI related to waste reduction, reuse, and recycling of construction and demolition debris. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 7 OF THE WEST COVINA MUNICIPAL CODE, ARTICLE XVI WASTE REDUCTION, REUSE, AND RECYCLING OF CONSTRUCTION AND DEMOLITION DEBRIS Miscellaneous - City Manager's Office b) Renewal of Los Angeles County Animal Care & Control Services Ap-reement It is recommended that the City Council: a. Authorize the City Manager to execute the revised services agreement extension, expiring on June 30, 2014, with the Los Angeles County Department of Animal Care and Control; and b. Instruct City staff to include an increase in dog licensing fees, penalties, and enforcement fees as outlined in this report as part of the adoption of the City's Annual Fee and Charge Program. 06/01 / 10 4 Agenda material is available at www. westcovina.org City Council Agenda for * 1, 2010 • D) CONSENT CALENDAR (continued) 7) Conference and Meeting Report (receive & file) (In accordance with AB 1234) AB 1234 — Contract Cities Conference and Meeting Report It is recommended that the City Council receive and file the report. ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-7: 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 E) PUBLIC HEARINGS 1) Public Hearing FY 2010-2011 Community Development Block Grant (CDBG) Public Service Project Funding The purpose of this hearing is to receive comments on the Public Services that have requested funding through the City's Community Development Block Grant (CDBG) program and to determine funding allocations for FY 2010-2011. 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 allocate $198,240 in CDBG funds to the Public Service Projects as outlined in Attachment #1, Column H of the staff report and authorize the necessary appropriations. Motion by 2nd by approve disapprove hold over 06/01/10 5 Agenda material is available at www.westcovina.org City Council Agenda for A 1, 2010 E) PUBLIC HEARINGS (continued) 2) Public Hearing Fees and Charges a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: It is following resolution: recommended that the City Council adopt the RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING AND INCREASING CERTAIN FEES Motion by 2nd by adopt disapprove hold over 3) Public Hearing Code Amendment No. 10-01 Churches and Religious Facilities Conditionally Permitted in Manufacturing Zone The proposed code amendment consists of an amendment to Section 26-597 of the West Covina Municipal Code to allow churches and religious facilities by conditional use permit in the Manufacturing (M-1) zone as well. 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 TO ALLOW CHURCHES AND RELIGIOUS FACILITIES IN THE MANUFACTURING (M-1) ZONE BY CONDITIONAL USE PERMIT (CODE AMENDMENT NO. 10-01) Motion by 2" d by to introduce disapprove hold over. Roll Call: Herfert, Hernandez, Lane, Touhey, Sanderson 06/01 / 10 6 Agenda material is available at www. westcovina.org City Council Agenda for Jule 1, 2010 0 E) PUBLIC HEARINGS (continued) 4) West Covina Landscape Maintenance District No. 4 5) West Covina Landscape Maintenance District No. 6 6) West Covina Landscape Maintenance District No. 7 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 adopt the following resolutions: 4) 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 APURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2010 5) 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. 6; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2010 6) 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. 7; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT, AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2010 Motion by 2" d by adopt disapprove hold over to 06/01 /10 7 Agenda material is available at www.westcovina.org City Council Agenda for * 1, 2010 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 No reports for this meeting 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 snake 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.) No reports for this meeting. COUNCILMEMBER COMMENTS ADJOURNMENT Motion by Tuesday Tuesday 06/01 /10 2»d by to adjourn the meeting at Tentative City Council Meetings June 15 7:00 p.m. Council Chambers Regular Meeting July 6 7:00 p.m. Council Chambers Regular Meeting 8 Agenda material is available at www.westcoviiia.org p.m.