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Tuesday, June 19, 2007
SPECIAL MEETING
OF THE
WEST COVINA CITY COUNCIL

Date: Tuesday, June 19, 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)
Davis vs City of West Covina
McIntosh vs. City of West Covina

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(b)
One Case

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:
  • Confidential Employees
  • General Employees
  • Maintenance & Crafts Employees
  • Mid-Management Employees
  • Non-Sworn Safety Support Employees
  • 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 19, 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

PLEDGE OF ALLEGIANCE

Councilmember Herfert

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

  • Resolution of Commendation/City Tile
    Retiring Police Commander Darrell Myrick

  • Certificate of Recognition - Women of Achievement
    Audrey Lynberg, YWCA

  • Certificates of Recognition
    California Stars Hockey Team
    Bantom AA Tier National Champions
    - Bobby Gonzales, Assistant Coach
    - Tyler Gonzales
    - John Seimer

  • Proclamation - Park & Recreation Month
    Month of July 2007

ANNOUNCEMENTS

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)

No reports for this meeting.

2) Commission Summary of Actions (receive & file)

a) Human Resources 06/13/07
D-2a.doc

3) Ordinance for Adoption

Ordinance for Adoption
Levy and Apportionment of Special Tax for the Community Facilities District No. 1, Coastal Sage and Scrub (CSS) Community Facilities District
This ordinance was introduced at the City Council meeting held on June 5, 2007. The adoption of this ordinance will comply with the prerequisite for levying special taxes to finance the CSS Community Facilities District for the preservation of the endangered California gnatcatcher's habitat in areas of the BKK Landfill due to development in that area. It is recommended that the City Council adopt the following ordinance:
D-3 and Attach1.doc

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

ORDINANCE NO. ______ - 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)

4) Award of Bid

a) Selection of Consultant for Glendora Avenue Downtown Improvements - (Project No. SP-07119)
D-4a.doc

Attachment is available for review at the City Clerk's Office.
  1. Accept the proposal from David Volz Design (DVD) of the City of Fountain Valley, California in the amount of $57,600 and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement to design plans and prepare specifications for the Glendora Avenue Downtown Improvements.

5) Miscellaneous - Finance Department

a) 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-5a 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

Miscellaneous - Community Development Commission

b) Auto Plaza Business Improvement District
It is recommended that the City Council adopt the following resolution:
D-5b.doc

Attachment 1 and 2 are available for review at the City Clerk's Office.

RESOLUTION NO. _______ - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2007-2008, AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JULY 5, 2007

5) Miscellaneous - Planning Department

c) Formation of Joint Powers Authority: Los Angeles Regional High Speed Rail Line Construction Authority
Staff recommends that the City Council endorse the concept of entering into a joint powers agreement forming the Los Angeles Regional High Speed Rail Line Construction Authority in conjunction with the Cities of Los Angeles and Ontario.
D-5c.doc

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

Miscellaneous - Public Works Department

d) West Covina Landscape Maintenance District No. 1 - Setting of 2007-2007 Assessment Rate
It is recommended that the City Council take the following actions:
D-5d.doc
D-5d Reso.doc

Attachments are available for review at the City Clerk's Office.
  1. Adopt the following resolution which includes a 3.5% rate increase from 11.04 cents to 11.42 cents per 100 dollars of assessed valuation:

    RESOLUTION NO. _____- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE AMOUNT OF MONEY NECESSARY TO BE RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2007

  2. Establish Capital Improvement Project No. PP-08213 (Account No. 171.82.88xx.7700) in the amount of $100,000 to improve the irrigation system, provide graffiti abatement and make other hardscape and landscape improvements in Maintenance District No. 1.

e) West Covina Landscape Maintenance District No. 2 - Setting of 2007-2008 Assessment Rate
It is recommended that the City Council take the following action:
D-5e.doc
D-5e Reso.doc

Attachments are available for review at the City Clerk's Office.
  1. Adopt the following resolution, which includes a 2% rate increase from 5.94 cents to 6.06 cents per 100 dollars of assessed valuation:

    RESOLUTION NO. ______ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE AMOUNT OF MONEY NECESSARY TO BE RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2007

  2. Establish Capital Improvement Project No. PP-08214 (Account No. 172.82.88xx.7700) in the amount of $50,000 to improve the irrigation system, provide graffiti abatement and make other hardscape and landscape improvements in Maintenance District No. 2.

f) Sewer System Management Plan
It is recommended that the City Council authorize the Public Works Director/City Engineer and City Clerk to approve and certify the Development Plan and Schedule.
D-5f.doc

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

g) Change Order to Construction of Sidewalks at Various Locations (Project No. SP-07108)
It is recommended that the City Council take the following action:
D-5g.doc
  1. Transfer $22,000 from Account No. 125.81.8739.7200 (Project No. SP-07102) to Account No. 125.81.8745.7200 (Project No. SP-07108).

  2. Approve and ratify the extra work done by Kalban, Inc. in the amount of $32,000 and authorize the Public Works Director/City Engineer to execute a change order with Kalban, Inc.

ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 through D-5g:

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) Appeal Hearing
Appeal of Administrative Use Permit No. 07-01
(Maximum Unit Size Exception and Large Expansion
Applicant: Mayra Reyes

Location: 1028 E. Thelborn Street
E-1.doc
E-1 Attach1.doc
E-1 Attach3.doc
E-1 Attach4.doc
E-1 Attach5.doc
E-1 Attach6.doc
E-1 Attach7.doc

Attachments 2, 8, and 9 are available for review at the City Clerk's Office.
  1. Verification of publications
  2. Open hearing
  3. Staff presentation
  4. Public testimony
  5. Close hearing
  6. Council discussion
  7. Recommendation: Staff recommends that the City Council uphold the decision of the Planning Commission and adopt the following resolution:

RESOLUTION NO. ________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND DENYING ADMINISTRATIVE USE PERMIT NO. 07-01

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

adopt _____ disapprove _____ hold over _____

F) COMMUNITY DEVELOPMENT COMMISSION

No meeting scheduled.

G) DEPARTMENTAL MATTERS

COMMUNITY SERVICES DEPARTMENT

1) Green Linkages: A Vision for the City of West Covina
It is recommended that the City Council receive and file.
G-1.doc

G-1 Power Point document is available for review at the City Clerk's Office.

Motion by __________ 2nd by __________

to receive and file.

2) Mid-Valley Transportation Corridor Feasibility Study (Ramona-Badillo Bus Corridor Study) With the Cities of West Covina, Baldwin Park, Covina and El Monte
It is recommended that the City Council do the following
G-2.doc

1. Adopt the following resolution supporting the Mid-Valley Corridor Feasibility Study;

RESOLUTION NO. ______ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUPPORTING THE MID-VALLEY CORRIDOR FEASIBILITY STUDY (RAMONA-BADILLO BUS CORRIDOR STUDY)

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

adopt _____ disapprove _____ hold over _____

2. Select a representative of the City Council to serve as the City of West Covina's member to the Coordinating Committee.

Motion by __________ 2nd by __________

to ___________________________________

H) MAYOR'S/COUNCILMEMBERS REPORTS

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.)

1) Councilmember Roger Hernandez
Request from Councilmember Roger Hernandez Seeking the City Council's Consensus to Instruct City Staff to Prepare a Report to Establish a Purchasing Policy That the City Will Purchase Hybrid/Alternate Fuel Vehicles When Replacing City Fleet
It is recommended that the City Council direct staff accordingly.
I-1.doc

Motion by____________ 2nd by ______________

to ________________________________________

2) Councilmember Roger Hernandez
Request from Councilmember Roger Hernandez Seeking the City Council's Consensus to Instruct City Staff to Prepare a Report to Increase Signage and Striping of City Biking Paths
It is recommended that the City Council direct staff accordingly.
I-2.doc

Motion by____________ 2nd by ______________

to ________________________________________

J) COUNCILMEMBER COMMENTS

ADJOURNMENT

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

TENTATIVE CITY COUNCIL MEETINGS

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