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07-20-2010 - RegularTuesday July 20, 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 Herndndez, Lane, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS * Presentation Donation by Mario Del Fante * Certificate of Recognition Eirin Ferreiro June Photography Photo Winner * Presentation Certificate of Appreciation presented to City of West Covina U.S. Census Bureau ANNOUNCEMENTS EHi1FY ""TA COY Of 1NE Imo. AGENQA Fri EnNG OF /s o Jia WAS POSTED IN ACC WJTH 1} Oi/87 BROWN ACT AMIQ�IDIIrlf[�R City Council Agenda for July 20, 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. 07/20/10 2 Agenda material is available at www.westcovina.org City Council Agenda for July 20, 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 July 6, 2010 • Regular Meeting of July 6, 2010 . 2) Commission Summary of Actions (receive & file) a) Community Services.................................................................05111110 b) Planning....................................................................................07/13/10 c) Senior Citizens Commission.....................................................04/22/10 3) Claims Against the City of West Covina Government Tort Claim Denials (deny & notify claimant) It is recommended that the City Council deny the following Government Tort Claims, and the claimants and/or their respective attorneys be so notified. • Roger Louis Vagle, III vs. City of West Covina • Maurelia Leyva vs. City of West Covina • Eric Ordorica vs. City of West Covina • Ryan Tan vs. City of West Covina 07/20/ 10 3 Agenda material is available at www.westcoviiia.org City Council Agenda for July 20, 2010 D) CONSENT CALENDAR (continued) 4) Miscellaneous — Fire Department Authorize an "Amendment to Services" Agreement Between the Regents of the University of California, on Behalf of the UCLA Medical Center, Center for Prehospital Care and the City of West Covina, on behalf of the Fire Department It is recommended that the City Council approve and sign the amendment of the services agreement with the Regents of the University of California, on behalf of the UCLA Medical Center to extend the current contract through June 30, 2012. ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-4: 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 07/20/10 4 Agenda material is available at www.westcovina.org City Council Agenda for July 20, 2010 E) PUBLIC HEARINGS 1) Public Hearing West Covina Auto Plaza Business Improvement District 2010-2011 Annual Report and Assessment On June 15, 2010, the City Council adopted Resolution of Intention No. 2010-33 to levy assessments for the Auto Plaza Business Improvement District. The purpose of this hearing is to consider the proposed budget for the Business Improvement District. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing 0 Council discussion g) Recommendation: 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, CONFIRMING THE ANNUAL REPORT FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2010-2011 Motion by 2°a by adopt disapprove hold over 2) Public Hearing Establishment of the Emergency Medical Services (EMS) Assessment Fee This matter was heard by Council on June 1, 2010 and was brought back for further details. 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 2„d by Adopt disapprove hold over 07/20/ 10 5 Agenda material is available at www.westeovina.org City Council Agenda for July 20, 2010 F) COMMUNITY DEVELOPMENT COMMISSION No meeting scheduled. 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 2°d by to 2) Veterans' Memorial Wall Honoring West Covina Residents Killed Serving Their Country in the Armed Forces It is recommended that the City Council provide City staff direction on this matter. Motion by 2nd by to H) MAYOR'S/COUNCILMEMBERS REPORT 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. 07/20/10 6 Agenda material is available at www.westcovina.org City Council Agenda for July 20, 2010 COUNCILMEMBER COMMENTS ADJOURNMENT Motion by 2"d by to adjourn the meeting at Tentative City Council Meetings Tuesday August 3 National Night Out Tuesday August 17 7:00 p.m. Council Chambers Regular Meeting 07/20/ 10 7 Agenda material is available at www.westcovina.org p.m.