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Tuesday, October 19, 2004
SPECIAL MEETING
WEST COVINA CITY COUNCIL

Date: Tuesday, October 19, 2004
Time: 5:45 p.m.
Place: City Manager's Conf. Room

AGENDA

Agenda material is available for review before the meeting at the City Clerk's Office, Room 317 at City Hall, 1444 W. Garvey Avenue, West Covina. The City complies with the Americans with Disabilities Act (ADA). If you will need special assistance at this meeting, the City will try to accommodate you in every reasonable manner. Please call (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8:00 a.m. to 5:00 p.m. Monday through Friday at least 48 hours prior to the meeting. For sign language interpreter services at Council meetings, please call at least four working days prior to the meeting.

ROLL CALL

Miller, Sanderson, Herfert, Hernandez, Wong

I PUBLIC COMMENT ON ITEMS ON THE AGENDA

II CLOSED SESSION

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to Government Code §54957
Title: City Manager

PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code §54957
Title: City Attorney

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code §54957.6
City Negotiators: Fields, Hoffman, Goldstein
Employee Organizations: West Covina Firefighters' Association, I.A.F.F, Local 3226

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Pursuant to Government Code §54956.9(c)-Initiation of Litigation
One Case

ADJOURNMENT

Motion by __________ 2nd by __________
to adjourn the meeting at _______ pm.



REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL

Date: Tuesday, October 19, 2004
Time: 7:00 p.m.
Place: Council Chambers

AGENDA

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.org. 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 Friday. 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.

INVOCATION

PLEDGE OF ALLEGIANCE

Councilmember Hernandez

ROLL CALL

Miller, Sanderson, Herfert, Hernandez, Wong

REPORTING OUT FROM CLOSED SESSION

CHANGES TO THE AGENDA

APPROVAL OF MINUTES

PRESENTATIONS
  • Blue Star Video

  • Resolution of Commendation
        Shirley Markowitz, Senior Citizen Commissioner
        Harold Sarnecki, Senior Citizen Commissioner

  • Certificate of Recognition
    CALIFORNIA DISTINGUISHED SCHOOLS
      West Covina Unified School District
        Merlinda Elementary
        San Jose-Edison Academy
      Covina Valley Unified School District
        Mesa Elementary
      Rowland Unified School District
        Hollingworth Elementary
    TITLE I ACADEMIC ACHIEVEMENT AWARD
      West Covina Unified School District
        Merced Elementary
        Merlinda Elementary
        Orangewood Elementary
        Wescove Elementary
      Rowland Unified School District
        Hollingworth Elementary

  • Proclamation Presentation
        Red Ribbon Week - October 23-29, 2004

  • ACE Project Video

ADDRESSING THE CITY COUNCIL (3 minutes each speaker)
If you would like to address the City Council regarding a municipal matter that is not on the Agenda, please complete a Speaker's Card and submit it to the City Clerk any time prior to Oral Communications - Item A on the Agenda. You may approach the podium when called upon by the Mayor.

If you would like to address the City Council regarding an item on the Agenda, including Public Hearing matters, please complete a Speaker's Card and submit it to the City Clerk any time prior to the item being discussed. Citizen comments will be taken at the time the subject matter is considered by the City Council. You may approach the podium when called upon by the Mayor. Speaker's Cards are available on the table at the entrance to the Council Chambers.


A) ORAL COMMUNICATIONS
(3 minutes each speaker - Ordinance No. 502 adopted October 22, 1956)

B) ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS

No items

C) CONSENT CALENDAR

1) Commission Summary of Actions (receive & file)

a) Community Services 09/14/04
b) Joint Community Services/Planning 09/15/04
c) Planning 09/28/04

C-1a.doc
C-1b.doc
C-1c.doc

2) Ordinance for Adoption (waive reading & adopt)

a) Code Amendment No. 04-03
Sale of Alcohol for Off-Site Consumption
This ordinance was introduced at the City Council meeting of October 5, 2004. This ordinance amends the Municipal Code relating to the sale of alcohol for off-site consumption. The effective date of this ordinance, once adopted, will be November 17, 2004.
C-2.doc
C-2 Attach1.doc
C-2 Attach1 Exhibit A.doc
Attachment 2 is available for review in the City Clerk's Office

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 THE SALE OF ALCOHOL FOR OFF-SITE CONSUMPTION (CODE AMENDMENT NO. 04-03)

3) Claims Against the City of West Covina (deny & notify claimant)

  1. Cynthia Huffman vs. City of West Covina
  2. Wlodzimierz Janczak vs. City of West Covina
  3. Julian Ramirez vs. City of West Covina
    C-3a.doc
    C-3b.doc
    C-3c.doc

4) Award of Bids

Rejection of Bids for Safety Netting at Two Parks (Project No. YP-05603)
It is recommended that the City Council reject all bids submitted at the bid opening on September 21, 2004, and authorize the Public Works Director/City Engineer and City Clerk to re-bid this project.
C-4.doc

5) Miscellaneous - Public Works Department

a) Adoption of the Disadvantaged Business Enterprise Program In Order to Receive Federal Funds for Street Improvements
It is recommended that the City Council adopt the following resolution:
C-5a & Attach1.doc
C-5a Attach2.doc

RESOLUTION NO.__________- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ADOPTING A DISADVANTAGED BUSINESS ENTERPRISE PROGRAM AND DIRECTING ITS IMPLEMENTATION

b) Formation of Mello-Roos Community Facilities District for BKK Site
It is recommended that the City Council consider the local goals and policies for implementing the Mello-Roos Act and adopt the following resolution:
C-5b.doc
C-5b Attach1.doc
C-5b Attach2.doc

RESOLUTION NO.__________- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING LOCAL GOALS AND POLICIES CONCERNING DISTRICTS FORMED PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982

In addition, 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, DECLARING ITS INTENT TO ESTABLISH THE COASTAL SAGE AND SCRUB (CSS) COMMUNITY FACILITIES DISTRICT

Miscellaneous - Environmental Management Department

c) Authorization to Submit Application for Assembly Bill 939 (AB 939) Reuse Assistance Grant and Adoption of Resolution Approving Participation in the AB 939 Reuse Assistance Grant Program for FY 2004/2005
C-5c & Resol.doc

It is recommended that the City Council:
  1. Authorize the submittal of an application for the AB 939 Reuse Assistance Grant in the amount of $15,000;
  2. Authorize the expenditure of a maximum of $30,000 from the restricted Integrated Waste Management Fund #129.52.5220; and
  3. Adopt the following resolution:

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PARTICIPATION IN THE AB 939 REUSE ASSISTANCE GRANT PROGRAM FOR FY 2004/2005

ACTION ON CONSENT CALENDAR ITEMS NUMBER C-1a - C-5c:

Motion by ___________ 2nd by _____________
to waive further reading of the resolution/ordinance and adopt/introduce:

and to approve all other items except: ______________

ROLL CALL: Herfert, Hernandez, Sanderson, Wong, Miller

END OF CONSENT CALENDAR

D) PUBLIC HEARINGS

No Public Hearings scheduled

E) COMMUNITY DEVELOPMENT COMMISSION

No Community Development Commission meeting scheduled

F) DEPARTMENTAL MATTERS

PUBLIC WORKS

1) South Azusa Avenue Capacity Enhancement Study (Project No. SP-01125)
It is recommended that the City Council take the following actions:

1. Adopt the following resolution:
F-1.doc
F-1 Attach1.doc
F-1 Attach2.doc

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL ASSESSMENT AND CERTIFYING THE STATE ENVIRONMENTAL DOCUMENT, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED

2. Direct staff to pursue grant funding for the intersection improvements only, including at-grade improvements at Azusa Avenue and Amar Road, and not to pursue the street widening.

3. Pursue grant funding for a Corridor Study to explore alternatives to widening.

Motion by ___________ 2nd by ____________ to
waive further reading of the resolution and

adopt _____ disapprove ______ hold over ______

FIRE DEPARTMENT

2) Council Approval of the City of West Covina Hazard Mitigation Plan
It is recommended the City Council adopt the following resolution:
F-2.doc
F-2 Resol.doc

Mitigation Plan is available for review in the City Clerk's Office.

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO ADOPT THE CITY OF WEST COVINA HAZARD MITIGATION PLAN

Motion by ________ 2nd by __________ to
waive further reading of the resolution and

adopt ____ disapprove ___ hold over _____

PLANNING DEPARTMENT

3) Request for Waiver of Fees Associated with Temporary Use Permit for Abundant Living Word International Event
Staff recommends that the City Council deny the request of Abundant Living Word International to waive all permit fees associated with the issuance of a temporary use permit (TUP) for their Harvest Festival on October 31, 2004.
F-3.doc
Attachments 1 and 2 are available for review in the City Clerk's Office.

Motion by __________ 2nd by _____________ to

adopt ____ disapprove ___ hold over _____

HUMAN RESOURCES DEPARTMENT

4) City Council Benefit Adjustments
Staff is seeking policy direction on whether or not to amend the City Council benefits resolution in order to link their benefits to those of the City Manager. If direction to do so is given, the following resolution would need to be adopted:
F-4.doc
F-4 Attach1.doc

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2002-24 AND 2003-96 RELATING TO ADJUSTMENTS IN ELIGIBLE BENEFITS AND COMPENSATION FOR CITY COUNCIL

Motion by __________ 2nd by ______________ to
waive further reading of the resolution and

adopt _____ disapprove _____ hold over _____

FINANCE DEPARTMENT

5) Deferred Compensation Proposal
Direct staff to further analyze this matter and discuss the alternatives with City employees.
F-5.doc

Staff Report and attachments are available for review in the City Clerk's Office.

Motion by ___________ 2nd by ____________

to ______________________________________

COMMUNITY SERVICES

6) Proposed Special Events for FY 2004-2005
It is recommended that the City Council provide staff with direction and approval of the proposed Special Events funded by the $11,800 discretionary funds in Account No. #5150-6188 for Fiscal Year 2004-2005.
F-6.doc
F-6 AttachA.doc
F-6 AttachB.doc

Motion by ___________ 2nd by ____________

to ______________________________________

CITY CLERK'S OFFICE

7) 2005 General Municipal Election
It is recommended that the City Council review the alternatives and direct staff to prepare for the municipal election accordingly.
F-7.doc
F-7 AttachA.doc

Motion by ___________ 2nd by ____________

to ______________________________________

G) CONTINUED ORAL COMMUNICATIONS (3 Minutes Each Speaker)
This is the time for citizens to address the City Council if the thirty-minute time allotment at the beginning of the meeting was spent.

H) MAYOR'S REPORTS

1) Appointment of City Council Representative to San Gabriel Valley Mosquito & Vector Control District Board of Trustees
It is recommended that the Mayor make one of the following appointments to the San Gabriel Valley Mosquito & Vector Control District Board of Trustees, subject to City Council confirmation.
H-1.doc
  1. Appointment of a Councilmember to the San Gabriel Valley Mosquito & Vector Control District Board of Trustees to a two-year term; or

  2. Appointment of a Councilmember to the San Gabriel Valley Mosquito & Vector Control District Board of Trustees to a four-year term.

Motion by ___________ 2nd by ____________

to ______________________________________

2) Proposition 68 - Non-Tribal Commercial Gambling Expansion. Tribal Gaming Compact Amendments. Revenues, Tax Exemptions. Initiative Constitutional Amendment and Statute.
It is recommended that the City Council adopt one of the following resolutions opposing or supporting Proposition 68.
H-2 & 2 Resol.doc

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OPPOSING PROPOSITION 68 - NON-TRIBAL COMMERCIAL GAMBLING EXPANSION. TRIBAL GAMING COMPACT AMENDMENTS. REVENUES, TAX EXEMPTIONS. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE

OR

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUPPORTING PROPOSITION 68 - NON-TRIBAL COMMERCIAL GAMBLING EXPANSION. TRIBAL GAMING COMPACT AMENDMENTS. REVENUES, TAX EXEMPTIONS. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE

Motion by ____________ 2nd by _____________ to
waive further reading of the resolution and

adopt _______ disapprove _______ hold over ________

3) City Council Liaison Meetings Highlights
It is recommended that the City Council receive & file this informational report.
H-3.doc

Attachments are available for review in the City Clerk's Office.

Motion by _____________ 2nd by ____________
to receive & file

I) COUNCILMEMBERS' REPORTS

1) Councilmember Wong
Proposition 1A - Protection of Local Government Revenues
It is recommended that the City Council adopt the following resolution supporting Proposition 1A - Protection of Local Government Revenues.
I-1& Resol.doc

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUPPORTING PROPOSITION 1A - PROTECTION OF LOCAL GOVERNMENT REVENUES

Motion by ________ 2nd by __________ to
waive further reading of the resolution and

adopt ____ disapprove _____ hold over _____

2) Councilmember Wong
Proposition 70 - Tribal Gaming Compacts. Exclusive Gaming Rights. Contributions to State. Initiative Constitutional Amendment and Statute.
It is recommended that the City Council adopt one of the following resolutions opposing or supporting Proposition 70.
I-2 & 2Resol.doc

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, OPPOSING PROPOSITION 70 - TRIBAL GAMING COMPACTS. EXCLUSIVE GAMING RIGHTS. CONTRIBUTIONS TO STATE. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE

OR

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUPPORTING PROPOSITION 70 - TRIBAL GAMING COMPACTS. EXCLUSIVE GAMING RIGHTS. CONTRIBUTIONS TO STATE. INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE

Motion by ________ 2nd by __________ to
waive further reading of the resolution and

adopt ____ disapprove _____ hold over _____

3) Councilmember Hernandez
Update on the Quail Ridge Shopping Center (3620 - 3670 S. Nogales Street)
It is recommended that the City Council receive and file this report.
I-3.doc

Attachment is available for review in the City Clerk's Office.

Motion by ________ 2nd by __________
to receive & file

ADJOURNMENT

Motion by ________ 2nd by _______ to adjourn the meeting at ______ pm.

TENTATIVE CITY COUNCIL MEETINGS

Thursday 10/21/04 7:00 pm Joint meeting with COG
Tuesday 11/2/04 7:00 pm Regular City Council Meeting
Tuesday 11/16/04 7:00 pm Regular City Council Meeting