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Tuesday, June 05, 2007
SPECIAL MEETING
OF THE
WEST COVINA CITY COUNCIL

Date: Tuesday, June 5, 2007
Time: 5:45 p.m.
Place: City Manager's Conf. Room

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.

ROLL CALL

Mayor Touhey, Mayor Pro Tem Lane
Councilmembers Herfert, Hernandez, Sanderson

I PUBLIC COMMENT ON ITEMS ON THE AGENDA

II CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code § 54956.9(a)
City of West Covina vs. Valencia Heights Water Company

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiator: Pasmant
Miscellaneous Unrepresented Management Employee, including
  • Assistant City Clerk
  • Assistant City Manager
  • Communications Director
  • Community Development Commission Director
  • Community Services Director
  • Environmental Management Director
  • Finance Director
  • Fire Chief
  • Director of Human Resources
  • Planning Director
  • Police Chief
  • Public Works Director and City Engineer
  • Director of Risk Management

City Negotiators: Fields, Bachman
Employee Organizations:
  • W.C. Police Officers' Association
  • W.C. Police Management Association
  • W.C. Firefighters' Association, I.A.F.F., Local 3226
  • W. C. Firefighters' Management Association

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
  • City Manager

ADJOURNMENT

Motion by ______ 2nd by ______

to adjourn the meeting at _____ pm.


REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL

Date: Tuesday, June 5, 2007
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

Pastor Kelly Dupeé
Faith Community Church

PLEDGE OF ALLEGIANCE

Mayor Pro Tem Lane

ROLL CALL

Mayor Touhey, Mayor Pro Tem Lane
Councilmembers Herfert, Hernandez, Sanderson

REPORTING OUT FROM CLOSED SESSION

CHANGES TO THE AGENDA

PRESENTATIONS
  • Blue Star Video

  • 2007 Tournament of Roses Parade
    Float Picture Presentation

  • Certificate of Recognition
    Faith Community Church Volunteer Recognition

  • Certificate of Recognition
    Giano School - California Distinguished School

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.

ADDRESSING THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
(Per 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. Each person will be allowed five (5) minutes to address the Governing Bodies under Oral Communications. Any testimony or comments regarding a matter set for a Public Hearing will be heard during the hearing.

A) ORAL COMMUNICATIONS - Five (5) minutes
(This is the time set aside to address the City Council/Community Development Commission. Please step forward to the podium and state your name and city of residence for the record when recognized by the Mayor.)

B) UPDATES/REPORTS FROM CONSULTANTS

No reports for this meeting.

C) ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS

No reports for this meeting.

D) CONSENT CALENDAR

1) City Council Meeting Minutes (receive & file)

Special Meeting of February 21, 2007
smin 02-21-07.doc

Special Meeting of March 6, 2007
smin 03-06-07.doc

Regular Meeting of March 6, 2007
min 03-06-07.doc

Special Joint Meeting with Community Services Commission of March 13, 2007
smin 03-13-07 Joint W Comm Svcs.doc

Special Meeting of March 20, 2007
smin 03-20-07.doc

2) Commission Summary of Actions (receive & file)

a) Human Resources 04/11/07
D-2a.doc

b) Planning Commission 05/22/07
D-2b.doc

3) Ordinance for Adoption

Ordinance for Adoption
Implementation of West Covina's Eminent Domain Program -
A Description of West Covina's Use and Limits of Eminent Domain
This ordinance was introduced at the City Council meeting held on May 15, 2007. The adoption of this ordinance is legally required pursuant to SB 53 and must be completed no later than July 1, 2007.
D-3 and Reso.doc

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

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 ADOPTING A PROGRAM FOR THE USE OF EMINENT DOMAIN BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA PURSUANT TO SB 53

4) City Treasurer's Report (receive & file)

Report for the Month of April 2007
D-4 City Rpt.doc
D-4 City Treas.xls
D-4 City Detail.xls
D-4 CDC Rpt.doc
D-4 CDC Treas.xls

5) Miscellaneous - City Clerk's Office

a) Initiating the November 6, 2007 General Municipal Election
It is recommended that the City Council adopt the following resolutions:
D-5.doc
D-5 Attach1.doc
D-5 Attach2.doc
D-5 Attach3.doc

RESOLUTION NO. _______ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2007, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES

RESOLUTION NO. _______ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 2007, WITH THE LOS ANGELES COUNTY'S UNIFORM DISTRICT ELECTION (UDEL - SCHOOL DISTRICT ELECTION) TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE

RESOLUTION NO. _______ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENT SUBMITTED TO THE VOTERS AT THE ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2007

Miscellaneous - City Manager's Office

b) Resolutions in Support of HR 123 (Dreier) - Federal Appropriation to San Gabriel Basin Restoration Fund, AB 1010 (Hernandez) - San Gabriel Basin Water Quality Authority Act, and AB 1010 (Eng) - Create State of California San Gabriel Basin Restoration Fund
It is recommended that the City Council adopt the following resolutions:
D-5b.doc
D-5b Reso- HR 123.doc
D-5b Reso- AB 1010.doc
D-5b Reso- AB 1114.doc

1. RESOLUTION NO. _______ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS SUPPORT FOR HR 123 (DRIER) TO PROVIDE $50 MILLION IN ADDITIONAL FEDERAL FUNDING FOR THE CLEAN UP OF THE SAN GABRIEL BASIN

2. RESOLUTION NO. _______ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS SUPPORT FOR AB 1010 (HERNANDEZ) TO EXTEND THE SUNSET OF THE SAN GABRIEL WATER QUALITY AUTHORITY BASIN TO JULY 1, 2020

3. RESOLUTION NO. _______ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS SUPPORT FOR AB 1114 (ENG) TO CREATE THE STATE OF CALIFORNIA SAN GABRIEL BASIN RESTORATION FUND

5) Miscellaneous - Finance Department

c) Selection of a Provider for Retiree Health Savings Plan
It is recommended that the City Council adopt the following resolution adopting the ICMA Retirement Corporation VantageCare Retirement Health Savings Program and authorize staff to execute any and all documents necessary to implement the plan:
D-5c and Reso.doc

RESOLUTION NO. _______ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ADOPTION OF A RETIREMENT HEALTH SAVINGS (RHS) PLAN WITH VANTAGECARE

d) Appropriations Limit for Fiscal Year 2007-2008
It is recommended that the City Council adopt the following resolution:
D-5d and Reso.doc

RESOLUTION NO. _______ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2008

e) Approval of the Estoppel Certificate Related to the Sale of the Lakes Project by Ten West Associates, LLC to Gateway Crescent, LLC and Consent to Assignment of WCLA Interests in the Property to Ten West Associates, LLC
It is recommended that the City Council approve the request of Ten West Associates to execute the Estoppel Certificate, which includes the assignment of interests in the Lakes parking facilities, in conjunction with the sale of the Lakes Project to Gateway Crescent, LLC.
D-5e.doc
D-5e Attach1.doc
D-5e Attach2.pdf

f) Annual City Loan for the West Covina "Merged" Redevelopment Project Area
It is recommended that the City Council adopt the following resolution:
D-5f and Reso.doc

RESOLUTION NO. _______ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING A LOAN TO THE WEST COVINA COMMUNITY DEVELOPMENT COMMISSION FOR THE PAYMENT OF PROJECT AND ADMINISTRATIVE EXPENSES FOR THE WEST COVINA "MERGED" REDEVELOPMENT PROJECT AREA

g) Annual City Loan for the "Citywide" Project Area
It is recommended that the City Council adopt the following resolution:
D-5g and Reso.doc

RESOLUTION NO. _______ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING A LOAN TO THE WEST COVINA COMMUNITY DEVELOPMENT COMMISSION FOR THE PAYMENT OF PROJECT AND ADMINISTRATIVE EXPENSES FOR THE "CITYWIDE" PROJECT AREA

5) Miscellaneous - Planning Department

h) Waiver of Fees for Faith Community Church 4th of July Event
It is recommended that the City Council advise whether it wishes to approve the waiver of City fees and charges in the amount of $11,512.59 for Faith Community Church's 4th of July Event.
D-5h.doc

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

Miscellaneous - Public Works Department

i) Low Emissions Vehicle Resolution of Support
It is recommended that the City Council adopt the following resolution:
D-5i and Reso.doc

RESOLUTION NO. -__________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUPPORTING THE ACQUISITION OF LOW EMISSIONS VEHICLES, ZERO EMISSIONS VEHICLES AND ALTERNATIVE FUEL VEHICLES, IN ALL THEIR VARIATIONS

j) Levy and Apportionment of Special Tax for the Community Facilities District No. 1, Coastal Sage and Scrub (CSS) Community Facilities District
It is recommended that the City Council introduce the following ordinance:
D-5j.doc
D-5jOrd.doc

Attachments No. 1, 2, and 3 available at the City Clerk's Office.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, LEVYING AND APPORTIONING SPECIAL TAXES IN ACCORDANCE WITH RESOLUTION NO. 2004-101 AND 2004-102 (CSS COMMUNITY FACILITIES DISTRICT)

k) Change Order to Concrete Project Nos. SP-07104 and SP-07109
It is recommended that the City Council take the following actions:
D-5k.doc

1. Transfer $52,000 from salary savings in gas tax Account No. 124.41.4151.xxx to Account No. 124.81.8741.7200 (Project No. SP-07104); transfer $4,900 from 131.81.8629.7200 to 131.81.8746.7200 (Project No. SP-07109); and $19,144.45 from unappropriated CDBG Fund 131 to Account No. 131.81.8746.7200 (Project No. SP-07109).

2. Accept the proposal of Portsmouth Construction, Inc. in the amount of $76,044.45 and authorize the Public Works Director/City Engineer and City Clerk to execute a change order with Portsmouth Construction, Inc. for additional sidewalk repair work on Azusa Avenue and seven new wheelchair ramps.

l) Purchase of Maintenance Equipment for the Community Enhancement Volunteer Painting Program
It is recommended that the City Council appropriate a total of $10,000 from Fund Balance to the necessary accounts and authorize staff to provide a pick-up truck, airless paint sprayer, and necessary maintenance supplies to volunteers as part of the City's ongoing community enhancement painting program to aesthetically improve unsightly walls.
D-5l.doc

5) Miscellaneous - Risk Management

m) Placement of Property Insurance for FY 2007/08 It is recommended that the City Council approve renewing the City's property insurance coverage for FY2007/08 with The Hartford, at a cost of $69,884.
D-5m Property Ins.doc

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

6) AB1234 Conference and Meeting Report (receive & file)
(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.)

International Council of Shopping Centers (ICSC) Spring Convention & California Contract Cities Conference (CCC)
It is recommended that the City Council receive and file this report.
D-6.doc

ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 through D-6:

Motion by __________ 2nd by __________
to waive further reading of the resolutions/ordinances, and introduce/adopt,

and approve all items except: ________

ROLL CALL: Herfert, Hernandez, Sanderson, Lane, Touhey

END OF CONSENT CALENDAR

E) PUBLIC HEARINGS

1) West Covina Landscape Maintenance District No. 4
2) West Covina Landscape Maintenance District No. 6
3) West Covina Landscape Maintenance District No. 7
4) West Covina Citywide Lighting and Maintenance District
E-1.doc
E-2.doc
E-3.doc
E-4.doc

Attachments A, B, C, D, & E available at the City Clerk's Office
  1. Verification of publication
  2. Open hearing
  3. Staff presentation
  4. Public testimony
  5. Close hearing
  6. Council discussion
  7. Recommendation: It is recommended that the City Council adopt the following resolutions:

1) RESOLUTION NO. ___________________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2007

2) RESOLUTION NO. __________________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2007

3) RESOLUTION NO. _________________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2007

4) RESOLUTION NO. __________________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE PLANS, SPECIFICATIONS, ESTIMATES, DIAGRAM AND ASSESSMENTS CONTAINED THEREIN; ORDERING LIGHTING FIXTURES AND ELECTRICAL CURRENT TO BE FURNISHED FOR LIGHTING FIXTURES AND TO ORDER STREET TREES TO BE INSTALLED AND MAINTAINED IN THE WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT FOR FISCAL YEARS BEGINNING JULY 1, 2007

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

adopt _____ disapprove _____ hold over _____

F) COMMUNITY DEVELOPMENT COMMISSION

Recess the City Council meeting at __________ pm to convene the CDC.
Reconvene the City Council meeting at __________ pm.
CDC Agenda

G) DEPARTMENTAL MATTERS

FINANCE DEPARTMENT

1) 2006/07 and 2007/08 Fiscal Year Mid-Term Budget Update
It is recommended that the City Council:
G-1.doc
G-1 Attach 1.xls
G-1 Attach 2.xls

1. Receive and file the balanced budget update report.

2. Approve the appropriations for the items listed in Section 2. (2007-08 Budget Update) that are necessary to fund additional positions, programs and services approved in the 2006-07 Fiscal Year.

3. Approve the additional appropriations and transfer of appropriations as listed in Section 3. (Additional Funding Requests) of this report.

4. Approve the Capital Improvement Program (CIP) in Section 4 of this report and appropriate the funding as recommended.

Motion by __________ 2nd by __________ to

approve ____ disapprove ____ hold over ____

H) MAYOR'S/COUNCILMEMBERS REPORTS

1) Councilmember Shelley Sanderson
Councilmember Shelley Sanderson Request - Options to Use Landscaping and
Vegetation to Deter Graffiti
It is recommended that the City Council direct staff to continue to pursue all options and funding to use landscaping to screen walls that are exposed to graffiti.
H-1.doc

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

Motion by __________ 2nd by __________

approve _____ disapprove _____ hold over _____

AB 1234 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.)

I) COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS
(Per City of West Covina Standing Rules 4.f - Requests by Councilmembers for reports, studies, or investigations that are not readily available must be placed on the City Council agenda as items of business and must be approved by a majority of the City Council.)

No reports.

J) COUNCILMEMBER COMMENTS

ADJOURNMENT

Motion by _________ 2nd by _________ to adjourn the meeting at ____ p.m.

TENTATIVE CITY COUNCIL MEETINGS

Tuesday 6/19/07 7:00 pm Regular Meeting
Thursday 7/5/07 7:00 pm Adjourned Regular Meeting
Tuesday 7/17/07 Meeting Cancelled
Tuesday 8/7/07 7:00 pm Regular Meeting