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02-01-2011 - RegularI CERTIFY THAT COPY OF THE COUNCIL AGENDA FOR MEETING OF,04 vi /It WAS POND IN AC R MCCE WITH THE 01/87 BROWN ACT AMENDMENT I -?7— l i , 6�4S�ry 1 E CITY LERK CITY OF WEST COVINA CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION TUESDAY FEBRUARY 01, 2011, 7:00 PM REGULAR JOINT MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE . WEST COVINA, CALIFORNIA 91790 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.westcovina.ore. 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 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 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 nolz-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 Ilie hearing. RULES OF DECORUM 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 February 01, 2011 AGENDA CITY OF WEST COVINA CITY COUNCIL . COMMUNITY DEVELOPMENT COMMISSION TUESDAY FEBRUARY 01, 201:1; 7:00 PM REGULAR JOINT MEETING INVOCATION Pastor Stephan Ichiriu Faith Community Church PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Resolutions of Commendation and Tile.Presentations - Retirements Police Officer Scott Fahey - 29 Years of Service Shop Volunteer Willie Vogel - 17 Years of Service Fire Captain Gary Slicker - 28 Years of Service Fire Captain Ken Gambill - 30 Years of Service Fire Engineer Larry Thomas 33 Years of Service Fire Engineer Denis Mitchell - 30 Years of Service 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. 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 removed from the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) Special Joint City Council/CDC Minutes of January 18, 2011 2) Regular Joint City Council/CDC Minutes of January 18, 2011 CLAIMS AGAINST THE CITY 3) Government Tort Claim Denials It is recommended that the City Council deny the following Government Tort Claims, and the claimants and/or their respective attorneys be so notified. Albert Montes vs.. City of West Covina Omar Islas vs. City of West Covina Tracy Pang vs. City of West Covina Ernesto Lopez vs. City of West Covina Elizabeth (Betty) Parnell vs. City of West Covina 2 Agenda material is available at www.westcovina.org Tuesday February 01, 2011 ORDINANCES FOR ADOPTION 4) Ordinance for Adoption Code Amendment No. 09-04 Wireless Telecommunications Facilities At the November 2,.2010 Council/CDC meeting, the Council approved an amendment to the ordinance regarding the distance. between cell towers and consequently, the ordinance was reintroduced on January 18, 2011 to include the amendment and is now being brought back for adoption. The ordinance will become effective 30 days after its adoption on March 3, 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 RELATED TO WIRELESS TELECOMMUNICATION FACILITIES (CODE AMENDMENT NO. 09-04) 5) . Ordinance for Adoption Zone Change No. 10-01 Applicant: Ahmad Ghaderi - Ashdon Development Location: Northeast Corner of Azusa Avenue and Giambi Way This ordinance was introduced at the City Council/CDC Joint Meeting of January 18, 2011. The purpose of the ordinance is to allow a zone change to "Service Commercial" for the property located at the northeast corner of the intersection of Azusa Avenue and Giambi Way for the development of an auto service station facility. The ordinance will become effective 30 days after its adoption on. March 3, 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, APPROVING ZONE CHANGE NO. 10-01 TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 6) Meeting Minutes of January 18, 2011 I. Request: City of Walnut That the City of West Covina concurs with the City of Walnut's evaluation to remove the marked school crosswalk on La Puente Road at Paseo Del Caballo. Traffic Committee Recommendation: That the City of West Covina concurs with the City of Walnut's evaluation to remove the marked school crosswalk on La Puente Road at Paseo Del Caballo. TREASURER'S REPORT (receive & file) 7) City Treasurer's Report for the Month of December 2010 It is recommended that the City Council receive and file this report. 8) CDC Treasurer's Report for the Month of December 2010 It is recommended that the Community Development Commission Board receive and file this report. 3 Agenda material is available at www.westcovina.org Tuesday February 01, 2011 PUBLIC WORKS - Miscellaneous 9) Calling for Reasonable, Practicable, and Economically Achievable Stormwater NPDES and TMDL Requirements 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, SUPPORTING A RESOLUTION ADOPTED BY THE LEAGUE OF CALIFORNIA 'CITIES, LOS ANGELES DIVISION, CALLING FOR REASONABLE, PRACTICABLE, AND ECONOMICALLY ACHIEVABLE TMDL AND MUNICIPAL NPDES PERMIT REQUIREMENTS AB1234 Conference and Meeting Report (receive & file) 10) AB 1234 Conference and Meeting Report 2011 League of California Cities New Mayors and Councilmembers Academy It is recommended that the City Council receive and file the report. 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 material is available at www.westcovina.org Tuesday February 01, 2011 MAYOR/COUNCILMEMBER/COMMISSIONER REPORTS AB1234 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.) 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.) Mayor Steve Herfert 11) Request from Mayor Steve Herfert Requesting the City Council's Consensus to Instruct City Staff to Prepare a Report on the Placement of the City's Initials on a West Covina Hillside It is recommended that the City Council direct staff accordingly. Motion by second by to . CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION COMMENTS ADJOURNMENT Next Tentative City Council/CDC Meeting Regular Meeting - CC and CDC 02/15/2011 7:00 PM 5 Agenda material is available at www.westcoviiia.org Tuesday February 01, 2011 RULES OF DECORUM ::1 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. 6 Agenda material is available at www.wesicovina.org