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Tuesday, October 07, 2008
SPECIAL MEETING
OF THE
WEST COVINA CITY COUNCIL

Date: Tuesday, October 7, 2008
Time: 5:45 p.m.
Place: City Manager's Conference 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

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

I PUBLIC COMMENT ON ITEMS ON THE AGENDA

II CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(c)
Initiation of litigation pursuant to (c) of Government Code Section 54956.9
One potential case

ADJOURNMENT

Motion by ______ 2nd by ______

to adjourn the meeting at _____ pm.


REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL

Date: Tuesday, October 7, 2008
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.

Any writings or documents, not exempt from public disclosure, provided to a majority of the City Council regarding any item on this agenda 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.

INVOCATION

Reverend Alexandra Conrads
St. Martha's Episcopal Church

PLEDGE OF ALLEGIANCE

Councilmember Herfert

ROLL CALL

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

REPORTING OUT FROM CLOSED SESSION

CHANGES TO THE AGENDA

PRESENTATIONS
  • West Covina Day at Fair - Community Heroes
    Sharnae Lewis
    Frank Scalfaro

  • Certificates of Recognition
    City Sponsors

  • Certification of Recognition
    East Valley Community Health Center

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 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 shall 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.

A) 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.

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 minutes for this meeting.

2) Claims Against the City of West Covina

a) Community Services 06/10/08
D-2a.doc

b) Human Resources 08/13/08
D-2b.doc

c) Planning 08/26/08, 09/09/08, 09/23/08
D-2c 8-26-08.doc
D-2c 9-9-08.doc
D-2c 9-23-08.doc

d) Senior Citizens Commission 07/24/08
D-2d.doc

3) Ordinance for Adoption
Ordinance Amending Section 22-132 of the West Covina Municipal Code Relating to the Reduction of the Posted Speed Limits from 40 Miles Per Hour to 30 Miles Per Hour on Pass & Covina Road from Lake Ellen to Maplegrove Street
This ordinance was introduced at the Council meeting of September 2, 2008. This ordinance will reduce the speed limit on Pass & Covina Road from Lark Ellen Avenue to Maplegrove Street from 40 miles per hour to 30 miles per hour and will become effective 30 days after adoption on November 6, 2008.
D-3.doc
D-3 Attach1.doc

Attachment# 2 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, AMENDING SECTION 22-132 OF THE WEST COVINA MUNICIPAL CODE RELATING TO DECREASE OF STATE LAW MAXIMUM SPEEDS

4) Award of Bid

a) Award of Bid for Recreational Transportation Service
It is recommended that the City Council
D-4a.doc
  1. Accept the bids from Durham School Services (Rosemead, California) and Shalimar Tours (Ontario, California) as submitted at the bid opening on September 24, 2008 and authorize the Community Services Director and City Clerk to execute the respective contracts.

  2. Appropriate funds in the amount of $25,000 into account 121.51.5145.6120 to fund the recreational transit contracts during the remainder of the fiscal year.

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

Report for the Month of August 2008
D-5.doc
D-5 City Treas.xls
D-5 City Detail.xls
CDC Rpt.doc
CDC Treas Rpt.xls

6) Miscellaneous - Fire Department

a) Authorization for Fireworks Display
It is recommended that the City Council authorize the fireworks display at the West Covina High School homecoming ceremony to be held on October 24, 2008.
D-6a.doc

Miscellaneous - Community Services Department

b) Acceptance of FY 2008-2009 Older Americans Act Grant Funds for Senior Meals Program
It is recommended that the City Council adopt the following resolution:
D-6b.doc
D-6b Attach.doc

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF A GRANT AWARD FROM OLDER AMERICANS ACT FROM THE LOS ANGELES COUNTY AREA AGENCY ON AGING FOR THE FY 2008-2009 SENIOR MEALS PROGRAM

Miscellaneous - Human Resources

c) Transmission of Memorandum of Understanding and Implementing Resolution for the West Covina Fire Management Association
It is recommended that the City Council approve the proposed salary and benefit enhancements for the West Covina Fire Management Association (FMA) by adopting the following resolution:
D-6c & Reso.doc
D-6c MOU-1.doc
D-6c MOU-2.doc
D-6c MOU-3.doc
D-6c MOU-4.doc
D-6c MOU-5.doc
D-6c MOU-6.doc
D-6c MOU-7.doc
D-6c MOU-8.doc
D-6c MOU-9.xls
D-6c MOU-10.doc
D-6c MOU-11.doc

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE PROPOSED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA FIRE MANAGEMENT ASSOCIATION; AND AMENDING COMPENSATION AND BENEFITS FOR CLASSES REPRESENTED BY THE FIRE MANAGEMENT ASSOCIATION

6) Miscellaneous - Police Department

d) Introduction of an Ordinance Amending Noise Violations and Imposing Administrative Penalties
It is recommended that the City Council take the following action:
D-6d and Attachments 1 & 2.doc

Attachment# 3 is available for review at the City Clerk's Office.

1) Introduce the following ordinance amending Municipal Code sections 15-85 and 15-94:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING WEST COVINA MUNICIPAL CODE SECTIONS 15-85 AND 15-94 RELATING TO THE REGULATION OF NOISE

2) Adopt the following resolution establishing administrative fines for Municipal Code sections 15-85 and 15-94:

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 9568 RELATING TO THE ESTABLISHMENT OF ADMINISTRATIVE FINES

e) 2008 COPS Technology Program Grant
It is recommended that the City Council accept the 2008 COPS Technology Program grant, and appropriate $514,415 into 204.83.8877.7536 for network infrastructure equipment, as part of the public safety communications system upgrade.
D-6e.doc

Miscellaneous - Public Works Department

f) Lot Line Adjustment No. 175
Location: 1730 W. Cameron Avenue
Applicant: David and Carol Zaslow
It is recommended that the City Council adopt the following resolution:
D-6f.doc
D-6f Reso.doc

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

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 175 LOCATED AT 1730 W. CAMERON AVENUE AND DIRECTING THE RECORDATION THEREOF

g) Landscape Maintenance District No. 4 - Preliminary Approval of Engineer's Report
It is recommended that the City Council adopt the following resolution:
D-6g.doc
D-6g Reso.doc

Attachments A, B, C, and D are available for review at the City Clerk's Office.

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC MEETING ON NOVEMBER 4, 2008 AND PUBLIC HEARING ON DECEMBER 2, 2008 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 2009-2010 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT

7) 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.)

AB1234 Conference and Meeting Report - League of California Cities
It is recommended that the City Council receive and file the report.
D-7.doc

ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-7

Motion by _________ second by __________
to waive further reading of the resolutions/ordinances and adopt/introduce

and approve all items except: ____________________

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

END OF CONSENT CALENDAR

E) PUBLIC HEARINGS

1) Continued Public Hearing
Amendments to the FY 2008-2009 Community Development Block Grant (CDBG) Action Plan
This item was carried over from the September 16, 2008 City Council meeting. This is a proposed amendment to the FY 2008-2009 Action Plan of the Community Development Block Grant (CDBG) program, which is a comprehensive one-year strategy that addresses the use of CDBG funds.
E-1.doc
E-1 Attach.doc
  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 approve the proposed amendments to the FY 2008-2009 CDBG Action Plan.

Motion by _________ 2nd by _________

approve ____ disapprove ____ hold over ____

2) Continued Appeal Hearing
Variance No. 08-04
Categorical Exemption
Applicant: Anthony & Theresa Byrne
Location: 1335 Crumley Street
This item was carried over from the September 16, 2008 City Council meeting. This is a proposal to deviate from off-street parking standards and legalize an existing converted garage for living purposes located in the front yard. The property is located within the "Single-Family Residential" (R-1) Zone, Area District I.
E-2.doc
E-2 Attach1.doc
E-2 Attach2.doc
E-2 Attach3.doc
E-2 Attach4.doc

Attachments 5, 6, and 7 are available for review at the City Clerk's Office.
  1. Verification of mailing
  2. Open hearing
  3. Staff presentation
  4. Public testimony
  5. Close hearing
  6. Council discussion
  7. Recommendation: The Planning Commission and staff recommend that the City Council 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 VARIANCE NO. 08-04

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

adopt ____ disapprove ____ hold over ____

F) COMMUNITY DEVELOPMENT COMMISSION

Recess the City Council meeting at ______ p.m. to convene the CDC.
Reconvene the City Council meeting at ______ p.m.
CDC Agenda

G) DEPARTMENTAL MATTERS

CITY MANAGER'S OFFICE

1) Appointment of City Council/City Staff 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.
G-1.doc

  1. Appointment of a Councilmember/City staff to the San Gabriel Valley Mosquito & Vector Control District Board of Trustees to a two-year term; or

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

Motion by _________ 2nd by _________

to _________________________________

FINANCE DEPARTMENT

2) Amendment to License and Use Agreement with CCGS Holdings LLC (Crown Castle)
This item was carried over from the September 16, 2008 City Council meeting. It is recommended that the City Council amend the License and Use Agreement with Global Signal Acquisition III, LLC (now doing business as Crown Castle) to maintain and operate a cellular PCS (Personal Communications System) site at Shadow Oak Park. The amended agreement will allow T-Mobile to co-locate their equipment with the existing Crown Castle PCS located at 2121 East Shadow Oak Drive, West Covina.
G-2.doc

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

Motion by _________ 2nd by _________

approve ____ disapprove ____ hold over ____

PUBLIC WORKS DEPARTMENT

3) Restricting Overnight Parking from 2:00 a.m. to 6:00 a.m. on Streets Citywide
It is recommended that the City Council introduce the following ordinance:
G-3.doc
G-3 Ord .doc

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-175 OF THE WEST COVINA MUNICIPAL CODE RELATING TO OVERNIGHT PARKING RESTRICTIONS IN LIMITED AREAS

Motion by _________ 2nd by _________
to waive further reading of the ordinance, read by title only and

approve ____ disapprove ____ hold over ____

Roll Call: Herfert, Hernandez, Sanderson, Touhey, Lane

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.)

J) COUNCILMEMBER COMMENTS

ADJOURNMENT

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

TENTATIVE CITY COUNCIL MEETINGS

Tuesday 10/21/08 7:00 pm Regular Meeting
Tuesday 11/4/08 7:00 pm Regular Meeting