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11-16-2010 - RegularI CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR C THE MEETING OF // J /` 1 /o WAS POSTED IN 491MANCE WM THE 01NI BROWN ACT AMMM 11-11- /0 W E S CON THE CITY CLEM CITY OF WEST COVINA CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION TUESDAY NOVEMF REGULAR JO CITY HALL COUNC 1444 W. GARVE WEST COVINA, CAI Mayor/Chairman Mayor Pro TemNice 1 Councilmember/Commi Councilmember/Com Councilmember/Comm Please turn off all cell phones and other electronic 16, 2010, 7:00 PM 'MEETING CHAMBERS AVENUE ORNIA 91790 ley Sanderson -man Steve Herfert .er Roger Hernandez ioner Sherri Lane ner Michael Touhey prior to entering the Council Chambers AMERICANS WITH DISABILITIES ACT 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) 960-44 2 (TTY) from 8 to 5 Monday through Thursday. Do call at least one day prior to the meeting date to infor us of your particular needs and to determine if accommodation is possible. For sign language interpreter se vices at.Council meetings, please request no less than four working days prior to the meeting. AGENDA MATERIAL 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. Any wri rags or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council that is distributed less than 72 hours before the meeting, 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. NOTICE The City Council/Community Development Commission will regularly convene in joint session on the first and third Tuesday of the month. The West Covina Public. Financing Authority and The West Covina Community Services Foundation are agencies on which the City Council serves as members. Agendas may contain items for these boards, as necessary. PUBLIC CO ADDRESSING THE CITY CO (Per WCMC 2-48, Ordinance No. 2150) Any person wishing to address the City. Council/Communi Development Commission on any matter listed on the agenda or on any other matter within their jurisdiction sf iould 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 may -be limited to thirty (30) minutes, unless speakers addressing agenda items have not concluded. Any testimony or comments regarding a matter set for a Pub RULES OF DECORUM Excerpts from the West Covina Municipal Code and Penal 1 found at the end of the agenda. Hearing will be heard during the hearing. pertaining to the Rules of Decorum will be Tuesday November 16, 2010 AGENDA CITY OF WEST COVINA CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION TUESDAY NOVEMBER 16, 2010; 7:00 PM REGULAR JOIN MEETING INVOCATION Pastor Brady Rice Faith Community Church PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Certificates of Recognition Elected Officials Serving West Covina Resolution of Commendation Councilmember Roger Hernandez "IVIAL %-"1V11V1U1\1l lull J1\k.7 - 1'1VC top 1111111UC Please step forward to the podium and state your name and Mayor. of residence for. the record when recognized by the CONSENT CALENDAR - City Council/CDC All matters listed under 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/Community Development Commission request specific items to be retnovedj rom the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive file) 1) Special City Council Minutes of October , 2010 Regular City Council Minutes of October 5, 2010 Regular City Council Minutes of October 19, 2010 Regular Joint Council/CDC Meeting Min tes of November 2, 2010 COMMISSION SUMMARY OF ACTIONS (receive & file) 2) Planning Commission - Meeting of 11/09/1 2 Agenda material is available at Tww.westcovina.org Tuesday November 16, 2010 CLAIMS AGAINST THE CITY 3) Government Tort Claim Denials (deny & ify claimant) It is recommended that the following Gove ent Tort Claims be denied and the claimants and/or their respective attorneys beso notified. • John Keyzers vs. City of West Covir • Katherine Kay Gonzalez vs. City of • Estate of Evangelina Abundis/Al Mc CITY MANAGER'S OFFICE - Miscellaneous est Covina .oza, et al vs. City of West Covina 4) Appointment of City Council/City Staff Retresentative to San Gabriel Valley Mosquito & Vector Control District Board of Trustees It is recommended that the City Council re-apppoint Mayor Shelley Sanderson to the San Gabriel Valley Mosquito & Vector Control District Board of Trustees to a two-year term. COMMUNITY DEVELOPMENT COMMISSIO - Miscellaneous 5) Extension to an Exclusive Negotiating Agreement with Ashdon Development West Covina, Inc. It is recommended that the Community Deve. approve a six-month extension to the Exclusi Ashdon Development West Covina, Inc., ("A and development of the AAA Pad located at t Giambi Lane Intersection, and authorize the I extension. COMMUNITY SERVICES DEPARTMENT - 6) Sports Council League In -Kind Use of C It is recommended that the City Council 1. A reduction in the West Covina Sports C 70% to 65%. 2. A condition that a Sports Council league when using City -owned playing areas, exce regional play. 3. A Sports Council league registration prey to maintain free use of City -owned playing PUBLIC WORKS - Miscellaneous 7) California Building and California Fire It is recommended that the City Council 1. Introduce the following ordinance: pment Commission Board ("CDC Board") Negotiating Agreement ("ENA") with Ion") in ordert to finalize the terms of sale northeast corner -of Azusa Avenue and ,cutive Director to prepare and execute the Facilities ;il league residency requirement from sident team must be present at all times during an authorized tournament or uisite of 12 teams or 150 players in order Ordinance Introduction the following actions: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 7, ARTICLES II, IV, VI AND VII; CHAPTER 9, ARTICLE I; AND CHAPTER 10, ARTICLE II. OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE 2010 EDITION OF THE 3 Agenda material is available at x,ww.westcovina.org Tuesday November 16, 2010 CALIFORNIA BUILDING CODE, THE 201 Q CALIFORNIA RESIDENTIAL CODE, 2010 CALIFORNIA MECHANICAL CODE ,I 2010 CALIFORNIA PLUMBING CODE, 2010 CALIFORNIA ELECTRICAL CODE, 2010 CAL,IFORNIA GREEN BUILDING STANDARDS CODE, 2010 CALIFORNIA NERGY CODE, AND THE 2010 CALIFORNIA FIRE CODE WHICH ADOP S BY REFERENCE THE 2009 INTERNATIONAL FIRE CODE 2. Set December 7, 2010 as the date for a Public Hearing concerning the adoption of the California Building Code and the Internation4l and California Fire Codes cited above. RISK MANAGEMENT Miscellaneous 8) Award of Bid - General Liability Third Party Claims Administration Services Contract It is recommended that the City Council autho ize the City.Manager and City Clerk to execute a five-year contract with NovaPro Risk Solutions, LP to provide General Liability Third Party Claims Administration (TPA) Ser ices, effective January 1, 2011. ITEMS REMOVED FROM THE CONSENT CA: SEPARATE ACTION 0 END OF CONSE MMISSI AB1234 Conference and Meeting Report (In accordance with AB 1234, Councilmembers shall make a meeting/event/conference attended at City expense.) FOR DISCUSSION OR REPORTS of report or file a written report on any CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 4.f - Requests for reports, studies, .or investigations that are not readily available must be placed on the City Council/Community Development Commission agenda as items of business and must be approved by a majority of the City Council/Community�Development Commission.) ADJOURNMENT ivext i entattve i Regular Meeting - CC and CDC 12/07/2010 PMENT COMMISSION COMM. Council/CDC Meetin 7:00 PM 4 Agenda material is available at W, ww. westcovina. org Tuesday November 16, 2010 RULES OF DECORU'M. 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 t e rostrum, shall give his or her name and city of residence in an audible tone of voice for the record anc 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, shal be permitted to enter into any discussion, either directly or through a member of the council, without t e 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 prese ve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the pro eedings 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 slandero s 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 m mbers of the news media shall be permitted within the rail in front of the council chamber without the express co sent of the council. The following are excerpts from the Penal Code 148(a) (1) Every Person who willfully resists, delays, 01 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, willfull 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 183.40 of the Elections Code, is guilty of a misdemeanor. 5 Agenda material is available at N ww. westeovina. org