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01-18-2011 - RegularCITY OF WEST COVINA CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION TUESDAY JANUARY 18, 2011, 7:00 PM REGULAR JOINT MEETING CITY HALL COUNCIL CHAMBERSI CERTIFY THATA COPY OF THE COUNCIL AGENDA FOR MEETING OF o, lit /« WAS POSTED IN 1444 W. GARVEY AVENUE ACC DANCE WITH THE 1187 BROWN ACT AMENDMD WEST COVINA, CALIFORNIA 91790) t-�3tt * a Mayor/Chairman Steve Herfert Mayor Pro Tem/Vice Chairman Michael Touhey Councilmember/Commissioner Karin Armbrust Councilmember/Commissioner Sherri Lane Councilmember/Commissioner Shelley Sanderson Please turn off all cell phones and other electronic devices 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) 960-4422 (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. 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.westcovhia.org. Any writings 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 -tie 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 COMMENTS 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 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 Public Hearing will be heard.during the hearing: RULES OFDECORUM Excerpts from the West Covina Municipal Code and Penal Code pertaining to the.Rules of Decorum will be found at the end of the agenda. Tuesday January 18, 2011 AGENDA i CITY OF WEST COVINA- CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION TUESDAY JANUARY 18, 2011 ' 7:00 PM: REGULAR JOINT MEETING'. INVOCATION Reverend Alexandra Conrads St. Martha's Episcopal Church PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA I W-M&I-M IN V.1-11 9-111LIR Presentation December Photo Contest Winner Wes Hamachi Certificates ofRecognition Home for the Holidays Award Recipients ORAL COMMUNICATIONS - Five (5) minutes per s�eaker Please stepforward to the podium and state your name and city of residencefor the record when recognized by the Mayor. 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 iteins unless members of the City Council/Cominunity Development Commission request specific items to be removedfrom the Consent Calendarfor separate discussion or action. APPROVAL OF MEETING MINUTES (receive.& file) 1) Regular Joint City Council/CDC Minutes of December 21,2010 COMMISSION SUMMARY OF ACTIONS (receive &-file) 2) Planning Commission - 01/11/11 2 Agenda material is available at www.westcovina.org: Tuesday January 18, 2.011 ORDINANCES FOR ADOPTION 3) Ordinance for Adoption Code Amendment No. 09-06 Recycling Facility Standards and Procedures for Hearings, Revocations and Appeals - Code Update This ordinance was introduced at the City Council/CDC Joint Meeting of December 21, 2010. The purpose of the ordinance is to revise the Municipal Code to modify recycling facility standards and the current revocation and appeal procedures. The ordinance will become effective 30 days after its adoption on February 17, 2011. 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 RECYCLING CENTERS/MATERIALS RECOVERY FACILITIES/SOLID WASTE TRANSF ER AND PROCESSING CENTERS STANDARDS AND PROCEDURES, HEARINGS, NOTICES, FEES, AND CASES (CODE AMENDMENT NO. 09-06) TREASURER'S REPORT (receive & file) 4) City Treasurer's Report for the Month of November 2010 5) CDC Treasurer's Report for the Month of November 2010' , COMMUNITY DEVELOPMENT COMMISSION - Miscellaneous 6) Assembly Bill (AB)X4*-26 Compliance on Supplemental Education Revenue Augmentation Fund (SERAF) for Fiscal Year 2010-11 It is recommended that,the Community Development Commission Board ("CDC Board") take the following'actions: 1. Adopt the following resolution: RESOLUTION NO. A RESOLUTION .OF THECOMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF WESTCOVINA, CALIFORNIA, APPROVING THE USE OF LOW AND, MODERATE 'INCOME FUNDS TO SATISFY THE SUPPLEMENTAL EDUCATION REVENUE FUND ALLOCATION AND MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33690(c) and. 2. Appropriate $1,344,269 from the Redevelopment Housing Fund. PLANNING DEPARTMENT - Miscellaneous 7) Reintroduction of Code Amendment No. 09-04 Wireless Telecommunication Facilities It is recommended 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 RELATED TO WIRELESS TELECOMMUNICATION FACILITIES (CODE AMENDMENT NO. 09-04) 3 Agenda material is available at www.westcovina.org.. . Tuesday January 18, 2011 PUBLIC WORKS - Miscellaneous 8) Extension of Contract for Landscape Maintenance Districts 6 and 7 It is recommended that the City Council approve a second five-year extension to the current landscape maintenance contract for Maintenance Districts 6 and 7 with Campesino Landscape effective February 28, 2011 with a total of 2.5% decrease and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. 9) San Gabriel Vall ey Council of Governments Memorandum of Understanding to Participate in Energy Grant Funding It is recommended that the City Council approve the following Memorandum of Understanding: MEMORANDUM OF UNDERSTANDING .-THE CALIFORNIA LONG- TERM ENERGY EFFICIENCY STRATEGIC PLAN (CEESP) MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF WEST COVINA 10) Waste Management Enforcement Agency Hearing.Panel It is recommended that the City Council appoint three primary and two alternate Councilmembers to the City's Waste Management Agency Hearing Panel; such appointed shall coincide with City Council rotation and terms. CITY MANAGER'S OFFICE -,Miscellaneous 11) Letter in Opposition to Governor Jerry Brown's� Proposal 'to Eliminate All Redevelopment Agencies It is recommended that the City Council instruct City staff to forward a letter to Governor Jerry Brown, Senator Ed Hernandez, and Assemblymember Roger Hernandez in opposition to any effort to eliminate redevelopment agencies in California. ACTION ON CONSENT CALENDAR Motion by%. second by to approve all. items listed on the Consent Calendar as presented . except: ROLL CALL: Armbrust, Lane, Sanderson, Touhey, Herfert ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION- OR SEPARATE ACTION END OF CONSENT CALENDAR 4 Agenda materiallis available at www.westcovina.org Tuesday January 18, 2011 HEARINGS PUBLIC HEARINGS 12) General Plan Amendment No. 10-01 Zone Change No. 10-01 Negative Declaration of Environmental Impact Applicant: Ahmad Ghaderi.'m Ashdon Development Location: Northeast Corner of Azusa Avenue, and Giambi Way The project consists of construction of a gasoline service station facility including a car wash, convenience store, food service, a drive -through window and office space that now requires the granting of entitlements by the City Council consisting of General Plan Amendment No. 10-0 1 and Zone Change No. 10-0 1 as outlined in the report. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: The Planning Commission and. sta'ffJecornmend that the City Council adopt the following resolutions: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO. 10-0 1, ZONE CHANGE NO. 10-0 1, PRECISE PLAN NO. 10-02, CONDITIONAL USE PERMIT NO. 10-02, AND VARIANCE NO. 10-02 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF, 1970, AS AMENDED RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,- APPROVING GENERAL PLAN AMENDMENT NO. 10-01 Motion by adopt . disapprove second by hold over The Planning Commission and staff further recommend that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 10-01 Motion by second by introduce disapprove hold over ROLL CALL: Armbrust, Lane, Sanderson, Touhey, Herfett 5 Agenda material is available at www.westcoviiia.org. Tuesday January 18, 2011 DEPARTMENTAL REGULAR MATTERS (Council Action), CITY MANAGER'S OFFICE 13) Annual Appointment of City Council Representatives to Other Agencies It is recommended that the Mayor make appointments to. the various' organizations described in the staff report, 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: 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 second by to 14) Appointment of Community Services Commissioner It is recommended that the City Council adopt the following resolution appointing an individual to the Community Services Commiission,to serve -the remaining three-year term that expires on March 31, 2013. RESOLUTION NO. A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPOINTING TO THE WEST COVINA COMMUNITY SERVICES COMMISSION Motion by to second by MAYOR/COUNCILMEMBER/COMMISSIONER REPORTS No reports. AB1234 Conference and Meeting Report (In accordance with AB 1234, Counciltnembers shall make a brief report or file a written report, on any lneeting�eventiconference attended at City expense.) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION REOUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 4f - Requests for reports, studies, or investigations that are not readily . available must be placed on the City CouncillCommunity Development Commission, agenda as items of business and must be approved by a majority of the City CouncillCommunity Development Commission.) No reports. CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION COMMENTS ADJOURNMENT Next Tentative City Council/CQC Meeting Regular Meeting - CC and CDC 02/01/2011 7:00 PM 6 Agenda material is available at www.westcoviiia.org Tuesday January 18, 2011 RULES OF.DECORUM Thefollowing are excerptsfront the West Covina Municipal Code: See. 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 th ' e 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 tile council on any subject. Any such person who, having taken all 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. See. 2-50. Deco ru m--Req u ired. (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. See. 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., Thefollowing are excerptsfront 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 w ' ith 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 punishinent is prescribed, shall be punished by a fine notexueding 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 3,03 of the Penal Code or Section 18340 of the Elections Code, is guilty of a.misdemeanor. 7 Agenda material is available at www.westcovina.org