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08-06-2013 - RegularCITY OF WEST COVINA CITY COUNCIL PUBLIC FINANCING.AUTHORITY TUESDAY AUGUST 06, 2013, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR Mayor Shelley Sanderson THE MEETING OpO�1061 /3WAS POSTED IN Mayor Pro Tem Steve Herfert ACCORDANCE WITH THE 01/87BR0WNACT AMENDMENT Councilmember Andrew McIntyre DATED: l o l j -3 Councilmember Robert Sotelo OFFICE OF THE PTY CLERK Councilmember Fredrick Sykes Please turn off all cell phones and other electronic devices prior to entering lite 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.orQ. 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 will regularly convene on the first and third Tuesday of the month. The West Covina Community Development Commission, 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 waiu3, as PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL (Per WCMC 2-48, Ordinance No. 2150) Any person wishing to address the City Council 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. 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. R ULES 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 agenda. Tuesday August 06, 2013 AGENDA CITY OF WEST COVINA CITY COUNCIL PUBLIC FINANCING AUTHORITY TUESDAY AUGUST 06, 2013, 7:00 PM REGULAR MEETING INVOCATION Pastor Stephan Ichiriu Faith Community Church PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Certificate of Recognition Matthew Alcazar` Outstanding Community Service ORAL COMMUNICATIONS - Five (5) minutes per sneaker 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 and Public Financing Authority) 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 City Council Meeting of June 18, 2013 Regular City Council Meeting of June 18, 2013 Special City Council Meeting of June 26, 2013 CLAIMS AGAINST THE CITY 2) Government Tort Claim Denials It is recommended that the City Council denythe following Government Tort Claims, and the claimants and/or their respective attorneys be so notified. 2 Agenda material is available at www.westcovina.org Tuesday August 06, 2013 • Joey Pastores vs. City of West Covina Dale G. Quasny vs. City of West Covina • Alexis Allen vs. City of West Covina • Brandon Kennelley vs. City of West Covina ORDINANCES FOR ADOPTION 3) Ordinance for Adoption Zone Change No. 13-01 Applicant: WC Homes LLC (Craig Cook) Location: 1611, 1623, and 1773 West San Bernardino Road This ordinance was introduced at the' City Council meeting of July 16, 2013. The purpose of this ordinance is to change the zoning designation for the proposed development from "Manufacturing" (M-1) to Specific Plan No. 26 (Bella Vista Specific Plan), to allow for the construction of a multi -family residential condominium development in the proposed area. The ordinance will become effective 30 days after its adoption on September 5, 2013. 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. 13-01 TREASURER'S REPORT (receive & file) 4) City Treasurer's Report for the Month of June 2013 It is recommended that the City Council receive and file this report. CITY MANAGER'S OFFICE 5) BKK Radio Tower Lease Agreement with Educational Media Foundation It is recommended that the City Council approve the lease agreement with Educational Media Foundation to rent space on the BKK Radio Tower. FINANCE DEPARTMENT/ADMINISTRATIVE SERVICES 6) Public Financing Authority Item: Establishing a Regular Meeting Schedule for the City of West Covina Public Financing Authority It is recommended that the West Covina Public Financing Authority adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE WEST COVINA PUBLIC FINANCING AUTHORITY ESTABLISHING A REGULAR MEETING SCHEDULE AND PROVIDING FOR MATTERS RELATED THERETO 3 `Agenda material is available at www.westcovina.org Tuesday August 06, 2013 7) Authorization to Proceed on Bond Refunding 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, AUTHORIZING STAFF AND CONSULTANTS TO PREPARE THE NECESSARY DOCUMENTATION FOR THE ISSUANCE OF NOT TO EXCEED $3,200,000 OF TAX-EXEMPT BONDS TO REFINANCE OUTSTANDING WEST COVINA PUBLIC FINANCING AUTHORITY LEASE REVENUE BONDS, 2003 SERIES A (COMMUNITY CENTER PROJECT); AND APPROVING FINANCING TEAM MEMBERS - IN CONNECTION THEREWITH 8) Proposition A Fund Exchange - City of Industry It is recommended that the City Council approve the agreement authorizing the sale of Proposition A Funds to the City of Industry and authorize the City Manager to execute said agreement. POLICE DEPARTMENT 9) Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force (L.A. IMPACT) Joint Powers Agreement and Amendment It is recommended that the City Council: 1. Adopt the following resolution approving the Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force Joint Powers Agreement (L.A. IMPACT JPA), authorize the City's membership in the L.A. IMPACT Authority, and authorize the Chief of Police to execute the JPA Agreement: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE LOS ANGELES INTERAGENCY METROPOLITAN POLICE APPREHENSION CRIME TASK FORCE JOINT POWERS AGREEMENT (LA IMPACT JPA); AUTHORIZING THE CITY'S MEMBERSHIP .IN LA IMPACT; AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE JPA AGREEMENT 2. Approve the amendment to the above L.A. IMPACT JPA and authorize the Chief of Police to execute said amendment. ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented except: ROLL CALL: Herfert, McIntyre, Sotelo, Sykes, Sanderson ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION END OF CONSENT CALENDAR 4 Agenda material is available at www.westeovina.org Tuesday August 06, 2013 SUCCESSOR AGENCY Recess the City Council meeting at p.m. to convene the Successor Agency meeting. SEE SEPARATE AGENDA Reconvene the City Council meeting at p.m. MAYOR/COUNCILMEMBERS REPORTS MAYOR SHELLEY SANDERSON 10) Letter to Governor Jerry Brown Seeking Direct Funding for Cities to Address the Impacts of AB 109 (Public Safety Realignment) It is recommended that the City Council consider sending the letter, or provide alternate "direction to staff. Motion by second by to COUNCILMEMBER ANDREW MCINTYRE 11) Consideration of an Ordinance Requiring the Vote of'the Electorate Approving the Transaction Prior to the Sale, Lease, or Rent of Civic Center Property to a Private Party It is recommended.that the City Council take the following action: Introduce the following ordinance adding a new Article X - Section 2-5000 of the City of West Covina Municipal Code requiring that any sale, lease or rent of any portion of land in the Civic Center complex be approved by a majority of West Covina voters at regular City election: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING ARTICLE X - SECTION 2-5000 REQUIRING THE VOTE OF A MAJORITY OF WEST COVINA VOTERS IN ORDER TO APPROVE ANY TRANSACTION INVOLVING THE SALE, LEASE OR RENT TO A PRIVATE PARTY OF PROPERTY LOCATED IN THE CIVIC CENTER OF WEST COVINA, WHICH IS BORDERED BY WEST COVINA PARKWAY, SUNSET AVENUE AND GARVEY AVENUE Motion by second by introduce disapprove hold over, ROLL CALL: Herfert, McIntyre, Sotelo, Sykes, Sanderson 5 Agenda material is available at www.westcovina.org Tuesday August 06, .2013 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 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 PRO TEM STEVE HERFERT 12) Request from Mayor Pro Tem Steve Herfert Seeking the City Council's Support to Instruct City Staff to Study the Feasibility of Installing a Flashing Crosswalk at the Intersection of Sunset and Rowland Avenues It is recommended that the City Council direct staff accordingly. Motion by second by to CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting - CC 08/20/2013 7:00 PM 6 Agenda material is available at www.westcovina.org Tuesday August 06,-2013 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