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10-04-2011 - RegularCITY OF WEST COVINA I C"M'y THAT COPYOF MEETING OF o/ THE COUNCIL AGENDA FOR AC ORDAN /!! WAS POSTED IN D • 4-�q THEW/87 ftVMACT AUMMEM OF Ty CLEAT( CITY CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION TUESDAY OCTOBER 04, 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 turnoff 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 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. 0 • Tuesday October 04, 2011 AGENDA CITY OF WEST COVINA CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION TUESDAY OCTOBER 0412011, 7:00 PM REGULAR JOINT MEETING INVOCATION Pastor Kelly Dupee Faith Community Church PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Cory Lidle Foundation Check Presentation National Fire Prevention Week October 9 - 15, 2011 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 Council/CDC Meeting Minutes of September 6, 2011 Regular Joint Council/CDC Meeting Minutes of September 6, 2011 Regular Joint Council/CDC Meeting Minutes of September 20, 2011 COMMISSION SUMMARY OF ACTIONS (receive & file) 2) Planning Commission - September 27, 2011 .2 Agenda material is available at www.westcovina.org 0 • Tuesday October 04, 2011 TREASURER'S REPORT (receive & file) 3) City Treasurer's Report for the Month of August 2011 4) CDC Treasurer's Report for the Month of August 2011 CITY MANAGER'S OFFICE - Miscellaneous 5) Letter Requesting Governor Jerry Brown to Fully Fund the Public Safety Realignment Program It is recommended that the City Council send a letter to Governor Jerry Brown requesting the State of California fully fund the Public Safety Realignment Program. PUBLIC WORKS - Miscellaneous 6) Lot Line Adjustment No. 177 Location: 1724 Gigar Terrace and 1738 Gigar Terrace 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, APPROVING LOT LINE ADJUSTMENT NO. 177 AT 1724 GIGAR TERRACE AND 1738 GIGAR TERRACE AND DIRECTING THE RECORDATION THEREOF (PAUL AND ANN GIGAR) Q 7) Monument Signs on Interstate-10 Freeway It is recommended that the City Council approve the conceptual drawing and location of freeway monument signs welcoming motorists to West Covina on the Interstate-10 Freeway corridor and direct staff to pursue funding options. 8) Opposing San Jose Creek Truck Route 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, OPPOSING THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SLAG) PROPOSAL TO CONSTRUCT DEDICATED TRUCK ONLY LANES ALONG THE SAN JOSE CREEK FLOOD CONTROL CHANNEL AND STATE ROUTE 60 FREEWAY CORRIDOR AB1234 Conference and Meeting Report (receive & file) 9) International Council of Shopping Centers (ICSC) Meeting and Conference Report 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 END OF CONSENT CALENDAR 3 Agenda material is available at www.westcovina.org Tuesday October 04, 2011 HEARINGS PUBLIC HEARINGS 10) 2011 Congestion Management Program (CMP) Conformance Self -Certification and Local Development Report (LDR) The proposed action is the adoption of a resolution certifying the 2010 Congestion Management Program (CMP). Compliance with and self -certification of the CMP allows for the City to maintain its eligibility to receive its share of State Gas Tax revenues for capital improvement projects. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: Staff recommends that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FINDING THE CITY TO11 BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 Motion by second by adopt disapprove hold over 11) Code Amendment No. 11-04 Tattoing The proposed code amendment consists of certain amendments to the Zoning section of the West Covina Municipal Code as it relates to allowing tattooing and modifying standards for permanent makeup and body piercing. 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 PERMANENT MAKEUP AND', BODY PIERCING AND ESTABLISHING STANDARDS FOR TATTOOING Motion by second by introduce disapprove hold over _ ROLL CALL: Armbrust, Lane, Sanderson, Touhey, Herfert 4 Agenda material is available at www.westcovina.org E Tuesday October 04, 2011 • 12) Urgency Ordinance Extending the Moratorium to Create an Equestrian Overlay Zone on Single -Family Properties on the North Side of Vanderhoof Drive Between 2633 and 2807 Vanderhoof Drive and Providing a Progress Report on the Proposed Code Amendment and Zone Change The proposed extension of the moratorium would continue the 45-day moratorium adopted by the City Council on September 6, 2011 for an additional 10 months and 15 days. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: It is recommended that the City Council introduce and adopt the following ordinance to extend the moratorium on ten properties located on the north side of Vanderhoof Drive: ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, EXTENDING THE TERMS AND PROVISIONS OF ORDINANCE NO. 2220 FOR AN ADDITIONAL PERIOD OF TEN MONTHS AND FIFTEEN DAYS, PROHIBITING CONSTRUCTION OF GUEST HOUSES, HABITABLE SPACE ADDITIONS, SPORTS COURTS, TENNIS COURTS, SWIMMING POOLS AND OTHER SIMILAR TYPES OF IMPROVEMENTS ON THE REAR, LOWER PORTION OF EQUESTRIAN ORIENTED PROPERTIES IN SPECIFIED AREAS OF THE CITY PENDING COMPLETION OF STUDY AND REPORT BY THE PLANNING COMMISSION PERTAINING TO THE PROPER CONDITIONS AND REGULATIONS FOR SUCH USES, DECLARING THIS AN INTERIM ZONING ORDINANCE, AND SETTING FORTH FACTS CONSTITUTING THE SAME AS AN URGENCY ORDINANCE Motion by second by adopt disapprove hold over ROLL CALL: Armbrust, Lane, Sanderson, Touhey, Herfert Agenda material is available at www.westcovina.org 0 Tuesday October 04, 2011 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) 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) No reports for this meeting. CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION COMMENTS ADJOURNMENT Next Tentative City Council/CDC Meeting Regular Meeting - CC and CDC 10/18/2011 7:00 PM 6 Agenda material is available at www.westcovina.org Tuesday October 04, 2011 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. 7 Agenda material is available at www.westcovina.org