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06-15-2010 - RegularTuesday June 15, 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 Pastor Brady Rice Faith Community Church Councilmember Lane Mayor Sanderson, Mayor Pro Tern Herfert Councilmembers Hernandez, Lane, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS * Muscular Dystrophy Association Presentations - West Covina Fire Department for "Fill the Boot" Fundraising - City of West Covina for 20 years of supporting the MDA AFOP GQv� o phi P Q C1F1� F 0 ANNOUNCEMENTS * Certificates of Recognition Non -Profit Donations * Proclamation Parks & Recreation Month — July 2010 * Presentation Homeless Coordinating Council City Council Agenda for a 15, 2010 0 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 agendaor 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. 06/15/10 2 Agenda material is available at www. westcovina.org City Council Agenda for a 15, 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) • Regular Meeting of May 18, 2010 2) Commission Summary of Actions (receive & file) Planning Commission.....................................................................06/08/10 3) Ordinance for Adoption a) Code Amendment No. 10-01 Churches and Religious Facilities Conditionally Permitted in Manufacturing Zone This ordinance was introduced at the City Council meeting of June 1, 2010. The ordinance will amend section 26-597 of the Municipal Code to Hid allow churches and religious facilities by conditional use permit in the Manufacturing (M-1) zone. The ordinance will become effective 30 days after its adoption. It is recommended that the City Council adopt the I 1 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 TO ALLOW CHURCHES AND RELIGIOUS FACILITIES IN THE MANUFACTURING (M-1) ZONE BY CONDITIONAL USE PERMIT (CODE AMENDMENT NO. 10-01) 06/15/10 3 Agenda material is available at www.westcovina.org City g Council Agenda for the 15 2010 0 D) CONSENT CALENDAR (continued) 3) Ordinances for Adoption b) Construction and Demolition (C & D) Debris Management Ordinance This ordinance was introduced at the City Council meeting of June 1, 2010. The purpose of this ordinance is to reduce the City's landfill waste and divert a minimum of fifty percent (50%) of construction and demolition debris in compliance with state diversion requirements. It is recommended that the City Council adopt the following Ordinance: ORDINANCE NO. ZZ 0 7 - 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 4) Award of Bid a) Award of Bid for Cortez Park Walkway Extension (Proiect No. PP-10212) It is recommended that the City Council accept the bid of Green Giant Landscape, Inc. in the amount of $92,000, as submitted on April 29, 2010, and authorize the Public Works Director/City Engineer and City Clerk to execute the contract to build new pedestrian walkway extensions at Cortez Park. b) Award of Bid for 0110-A-Radio and Electronic Equipment Maintenance Aereement It is recommended that the City Council: 1. Award the contract to Day Wireless Systems in .the amount of $87,076.37 and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. 2. Approve an additional appropriation of $49,000.00 from 110 to Account No. 110.41.4146.6139 in the Fiscal Year 2010-2011 .General Fund budget. 5) Miscellaneous - City Clerk's Office a) 2010 Biennial Review of Conflict of Interest Code It is recommended that the City Council, the code reviewing body for the City, Community Development Commission and Public Financing Authority Conflict of Interest Codes, direct staff to review the Codes, and prepare any amendments for Council consideration or submit a report stating that no change is recommended prior to October 1, 2010 as required by the Political Reform Act. 06/15/10 4 Agenda material is available at www.westcovina.org City Council Agenda for a 15, 2010 D) CONSENT CALENDAR (continued) 5) Miscellaneous - City Manager's Office b) Resolution Authorizing Participation in Los Angeles County Energy Program It is recommended that the City Council adopt the following resolution authorizing participation in the Los Angeles County Energy Program (LACEP): RESOLUTION NO. ` 0 - 7A RESOLUTION OF THE CITY COUNCIL FO THE CITY OF WEST COVINA, CALIFORNIA, CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE INCORPORATED AREA OF THE CITY IN THE LOS ANGELES COUNTY ENERGY PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS, APPROVING THE REPORT SETTING FORTH THE PARAMETERS OF THE REFERENCED PROGRAM AND CERTAIN MATTERS IN CONNECTION THEREWITH Miscellaneous - Community Development Department c) Auto Plaza Business Improvement District It is recommended that the City Council adopt the following Resolution: RESOLUTION NO. O -33- A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2010-2011, AND PROVIDING NOTICE. OF PUBLIC HEARING THEREON TO BE CONDUCTED JULY 20, 2010 Miscellaneous - Community Services Department d) Authorization for City Manager to Execute Temporary Changes. to Park Master Plans It is recommended that the City Council: 1. Authorize the City Manager or designee to execute minor temporary changes to lighting, parking, and public address systems as outlined in Park Master Plans. 2. Approve and adopt the following Resolution: RESOLUTION NOWf3 / - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE MINOR TEMPORARY CHANGES TO LIGHTING, PARKING, AND PUBLIC ADDRESS SYSTEMS AS OUTLINED IN PARK MASTER PLANS 06/ 15/ 10 5 Agenda material is available at www.wevtcovina.org City Council Agenda for a 15, 2010 0 D) CONSENT CALENDAR (continued) 5) Miscellaneous - Finance Department e) Annual City Loan for the West Covina Merged Redevelopment Protect Area It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2010-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFONRIA, APPROVING A LOAN TO THE WEST COVINA COMMUNITY DEVELOPMENT COMMISSION FOR THE PAYMENT OF PROJECT AND ADMINISTRATIVE EXPENSES FOR THE WEST COVINA MERGED REDEVELOPMENT PROJECT AREA f) Annual City Loan for the City -Wide Proiect Area It is recommended that the City Council adopt the following resolution: RESOLUTION NO.201 0_ � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING A LOAN TO THE WEST COVINA COMMUNITY DEVELOPMENT COMMISSION FOR THE PAYMENT OF PROJECT AND ADMINISTRATIVE EXPENSES FOR.. THE "CITY-WIDE" PROJECT AREA g) Appropriations Limit for Fiscal Year 2010-2011 It is recommended that the City Council adopt the following resolution: RESOLUTION NO`' 010_ � -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2011 h) Award of Bid for Telephone System Maintenance It is recommended that the City Council award a 5-year contract to Standard Tel Networks to provide maintenance of the City telephone system in the amount of $15,941.20 per year, and authorize the City Staff to execute the contract. Miscellaneous - Public Works Department i) Authorization to Submit Applications to the Department of Resources Recycling and Recovery (CalRecycle) for the Used Oil Payment Program It is recommended that the City Council: 1. Authorize the submittal of the CalRecycle Used Oil Payment Program application for Fiscal Years 2010-2011 through 2015-2016, and 2. Adopt the following resolution: RESOLUTION NO. 2j IdA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING SUBMITTAL OF APPLICATIONS TO THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE), FORMERLY KNOWN AS CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD, FOR THE USED 'OIL PAYMENT PROGRAM (OPP) UNDER THE CALIFORNIA PUBLIC RESOURCES CODE SECTIONS 48690 ET SEQ. COMMENCING WITH THE FISCAL YEAR 2010-2011 TO AND INCLUDING THE FISCAL YEAR 2015-2016 06/ 15/ 10 6 Agenda material is available at www.westcoviiia.org City Council Agenda for a 15, 2010 0 D) CONSENT CALENDAR (continued) 5) Miscellaneous — Public Works Department j) Air Quality Management District Tree Partnership Grant It is recommended that the City Council approve the Tree Partnership Grant award from the Air Quality Management District (AQMD) in the amount of $26,438 and establish Capital Improvement Project PP-10214 for the purpose of planting trees on City -owned property. Miscellaneous - Risk Management k) Placement of Property Insurance for FY 2010/11 It is recommended that the City Council approve renewing the City's property insurance coverage for FY 2010/11 with the Hartford, at a cost of $40,320. ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-5k: Motion by second by to approve all items as recommended except: ROLL CALL: Herfert, Hernandez, Lane, Touhey, Sanderson END OF CONSENT CALENDAR 06/15/10 7 Agenda material is available at www.westcovitia.org City Coun cil il Agenda for fe12 1 0 g5, 0 0 0 E) PUBLIC HEARINGS 1) Public Hearing West Covina Citywide Lighting and Maintenance District — Public Hearing 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 resolution: old -39 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE PLANS, SPECIFICATIONS, ESTIMATES, DIAGRAM AND ASSESSMENTS CONTAINED THEREIN; ORDERING LIGHTING FIXTURES AND ELECTRICAL CURRENT TO BE FURNISHED FOR LIGHTING FIXTURES AND TO ORDER STREET TREES TO BE INSTALLED AND MAINTAINED IN THE WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT FOR FISCAL YEARS BEGINNING JULY 1, 2010 Motion by 2" d by adopt disapprove hold over 2) Public Hearing Establishment of the Emergency Medical Services (EMS) Assessment Fee Staff recommends that the City Council continue the public hearing until July 20, 2010. Motion by approve disapprove d n 2 by 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. 06/15/10 8 Agenda material is available at www.westcovitia.org City Council Agenda fo e 15, 2010 w 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 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) No reports for this meeting. COUNCILMEMBER COMMENTS ADJOURNMENT Motion by Tuesday Tuesday 06/15/10 2nd by to adjourn the meeting at Tentative City Council Meetings July 6 7:00 p.m. Council Chambers Regular Meeting July 20 7:00 p.m. Council Chambers Regular Meeting 9 Agenda material is available at www.westcovina.org p.m.