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04-05-2011 - RegularCERTIFY THAT A DOPY OF WAS PPO COUNCIL A IN FOR MEETING OF 1 ACC DANCE WPM THE 01107 BROWN ACT AMENDMENT D .. / 1I awa vv IuIll E W11 CLE .CITY OF WEST. COVINA CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION TUESDAY APRIL 05, 2011, 7:00 PM REGULAR JOINT MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE WEST COVINA, CALIVORNIA 91790 Mayor/Chairman Steve Herfert Mayor Pro Tem/Vice Chairman Michael Touhey Councilmember/Commissioner Karin Armbrust Councilmember/Commissio'ner 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),9394433 (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 Agendamaterial 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 uicsc Wai us, ab 1LvccoZ1a1y. 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 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 April 05, 2011 AGENDA CITY OF WEST COVINA CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION TUESDAY APRIL 05, 2011, 7:00 PM REGULAR JOINT MEETING INVOCATION Pastor Mary Minor Murph Chapel AME Church PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS * Proclamation Arbor Day _- Saturday, April 23, 2011 ANNOUNCEMENTS * Community Unity An Opportunity for Community exCHANGE 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 March 15, 2011 Regular Joint City Council/CDC Minutes of March 15, 2011 Special Joint City Council/CDC Minutes of March 16, 2011 2 Agenda material is available at www.westcovina.org TuAn A ri105 2011 es y p , COMMISSION SUMMARY OF ACTIONS (receive & file) 2) Planning Commission - 03/22/11 CLAIMS AGAINST THE CITY 3) Government Tort Claim Denials (deny & notify claimant) It is. recommended. that the following Government Tort Claims be denied and the claimants and/or their, respective attorneys be so notified. Rosa Velasquez vs. City of West Covina Kenneth Hyonjin Pak vs. City of West Covina Victor Dial vs. City. of West Covina Fire Insurance Exchange/Jeffrey Graham vs. City of West Covina Susan Williams vs. City of West Covina TREASURER'S REPORT (receive & file) 4) City Treasurer's Report for the Month of February 2011 5) CDC Treasurer's Report for the Month of February 2011 FIRE DEPARTMENT - Miscellaneous 6) Purchase of VHF Portable Radios Utilizing Grant Funds It is recommendedthat the City Council waive the formal contract procedure and approve the purchase of thirty-four (34) XTS5000 VHF Portable Radios and five (5) XTL5000 VHF Mobile Radios from Motorola', Inc. at a total cost of $109,224.92 including sales tax per Los Angeles County Contract No. 43070. PUBLIC WORKS —Miscellaneous 7) Landscape Maintenance District No. 4 Preliminary Approval of the Engineer's Report 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, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 7, 2011 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 2011-2012 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT 3 Agenda material is available at www.westcovina.org Tuesday April 05, 2011 8) Landscape Maintenance District No. 6 Preliminary Approval of the Engineer's Report 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, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 7, 2011 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENCING IN FISCAL YEAR 2011-2012 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT 9) Landscape Maintenance District No. 7 Preliminary. Approval of the Engineer's Report 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, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 7, 2011 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN FISCAL YEAR 2011-2012 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT 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 Tuesday April 05, 2011 HEARINGS PUBLIC HEARINGS 10) Public Hearing Code Amendment No. 09-02 Temporary Signs Applicant: City of West Covina Location: Citywide The proposed code amendment consists of certain amendments to the Zoning section of the West Covina Municipal Code as it relates to temporary signs in commercial zones and is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b) (3).' 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 staff recommend 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 TEMPORARY SIGNS Motion by second by to waive further reading of the ordinance, read by title only, and introduce disapprove holdover ROLL CALL: Armbrust, Lane, Sanderson, Touhey, Herfert MAYOR/COUNCILMEMBER/COMMISSIONER REPORTS No reports for this meeting. AB1234 Conference and Meeting Report (verbal, if any) (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) COUNCIL/COMMUNITY D 1\1J1 V1\1/J• AJ1 IJ V1\11\ ♦1JIJ 11V(111V1\ (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) .No reports for this meeting: CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION COMMENTS ADJOURNMENT Next Tentative City Council/CDC Meeting :Regular Meeting - CC and CDC 04/19/2011 7:00 PM 5 Agenda' material is available at www.westcovina.org 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. 6 Agenda material.is available at www.westcovina.org