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| | | | Tuesday, December 16, 2008
REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL
| Date: |
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Tuesday, December 16, 2008 |
| Time: |
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7:00 p.m. |
| Place: |
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Council Chambers
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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 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.
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
City Manager Andrew Pasmant
PLEDGE OF ALLEGIANCE
Councilmember Touhey
ROLL CALL
Mayor Hernandez, Mayor Pro Tem Sanderson
Councilmembers Herfert, Lane, Touhey
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
- Certificate of Recognition
Alfred Williams
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 reports for this meeting.
2) Commission Summary of Actions (receive & file)
a) Planning 12/09/08
D-2a.doc
3) Ordinance for Adoption
a) Ordinance Amending Graffiti Violations
This ordinance was introduced at the City Council meeting of December 2, 2008. This ordinance will establish a process for the City to hold parents of juvenile graffiti arrestees jointly and severally liable for graffiti crimes. This ordinance will become effective 30 days after adoption on January 15, 2009. It is recommended that the City Council adopt the following ordinance:
D-3a.doc
D-3a Ord.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, AMENDING PROVISIONS OF THE WEST COVINA MUNICIPAL CODE TO ALLOW AN ADMINISTRATIVE CITATION TO BE ISSUED TO THOSE WHO VIOLATE GRAFFITI PROVISIONS, AND TO THE PARENTS OF MINORS WHO VIOLATE GRAFFITI PROVISIONS
b) Ordinance for Adoption
Ordinance Amending Chapter 26 (Zoning) - Single-Family Residential Zone Code Update
This ordinance was introduced at the City Council meeting of December 2, 2008. This ordinance will amend Chapter 26 relating to development standards and will establish the Design Review Subcommittee of the Planning Commission. The ordinance will become effective 30 days after adoption on January 15, 2009. It is recommended that the City Council adopt the following ordinance:
D-3b.doc
D-3b Ord.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, AMENDING CHAPTER 26 (ZONING) OF THE MUNICIPAL CODE RELATING TO DEFINITIONS, PERMITTED USES, DEVELOPMENT STANDARDS, AND THE ESTABLISHMENT OF THE DESIGN REVIEW SUBCOMMITTEE IN SINGLE-FAMILY RESIDENTIAL ZONES (CODE AMENDMENT NO. 08-03)
4) Award of Bid
a) Award of Bid for Curb and Gutter Repair, Construction of Wheelchair Ramps and the Construction of Concrete Bus Pads
(Project Nos. SP-09102, SP-09103, and SP-09104)
It is recommended that the City Council take the following actions:
D-4a.doc
1. Accept the bid of Gentry Brothers, Inc. in the amount of $272,535.00 as submitted at the bid opening on December 2, 2008, and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement with Gentry Brothers, Inc. for the work to be done.
2. Authorize the Public Works Director to execute a change order in excess of 25% for this project to add additional locations to the project based on the available funding.
3. Authorize staff to freeze $200,000 of Proposition "A" funds (Fund 121).
b) Award of Bid for Traffic Signal Modifications at Sunset Avenue at Workman Avenue - Addition of Left-Turn Phasing
(Project No. TP-04503)
It is recommended that the City Council accept the bid of C.T. and F., Inc. in the amount of $58,740.00 and authorize the Public Works Director/City Engineer and City Clerk to execute the contract.
D-4b.doc
c) Award of Contract for Sewer System Management Plan - Phase III
(Project No. SP-08113)
It is recommended that the City Council accept the proposal of Willdan in the amount of $30,972 for the preparation of Phase III of the City's Sewer System Management Plan (SSMP) and authorize the Public Works Director/City Engineer and City Clerk to execute the contract.
D-4c.doc
5) Miscellaneous - City Manager's Office
a) Resolution Authorizing Enforcement Assistance Grant Application Commencing with the Fiscal Year 2008-2009 To and Including Fiscal Year 2013-2014
It is recommended that the City Council adopt the following resolution:
D-5a and Reso.pdf
RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR ENFORCEMENT ASSISTANCE GRANTS FOR THE PERIOD COMMENCING WITH THE FISCAL YEAR 2008-2009 LEA GRANT TO AND INCLUDING THE FISCAL YEAR 2013-2014 LEA GRANT
Miscellaneous - City Manager's Office
b) Changing the Frequency of Commission Meetings - Community Services, Human Resources, and Senior Citizens Commissions
It is recommended that the City Council adopt the following ordinance and resolution:
D-5b.doc
D-5b Ord.doc
D-5b Reso.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, AMENDING MUNICIPAL CODE SECTION 2-71 RELATING TO MEETING TIMES AND PLACES OF CITY BOARDS AND COMMISSIONS, TO CHANGE THE FREQUENCY OF THE MEETING DATE OF THE COMMUNITY SERVICES COMMISSION, THE HUMAN RESOURCES COMMISSION AND THE SENIOR CITIZENS COMMISSION, FROM AT LEAST ONCE PER MONTH TO AT LEAST ONCE EVERY OTHER MONTH EFFECTIVE FEBRUARY 1, 2009
RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA RELATING TO THE MEETING DATE AND TIME OF THE COMMUNITY SERVICES, HUMAN RESOURCES, AND SENIOR CITIZEN COMMISSIONS
Miscellaneous - Finance Department
c) Comprehensive Annual Financial Report for the Year Ended June 30, 2008
It is recommended that the City Council receive and file this report.
D-5c.doc
Attachment is available for review at the City Clerk's Office.
5) Miscellaneous - Human Resources
d) Approval of Human Resource Manager and Deputy City Manager Job Specifications
It is recommended that the City Council adopt the following resolutions:
D-5d and Attach 1 & 2.doc
RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CLASS SPECIFICATION FOR HUMAN RESOURCES MANAGER
RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CLASS SPECIFICATION FOR DEPUTY CITY MANAGER
ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-5d:
Motion by _________ second by __________
to waive further reading of the resolutions/ordinances and adopt
and approve all items except: ____________________
ROLL CALL: Herfert, Lane, Sanderson, Touhey, Hernandez
END OF CONSENT CALENDAR
E) PUBLIC HEARINGS
1) Public Hearing
General Plan Amendment No. 07-03
Zone Change No. 07-03
Negative Declaration of Environmental Impact
Applicant: Hsin Jen Hou
Location: 4101-4111 S. Nogales Street
The project consists of the development of a 33-unit condominium project and a 5,160 square foot two-story retail building requiring the granting of entitlements by City Council.
E-1.doc
E-1 Attach 1.doc
E-1 Attach 2.doc
E-1 Attach 3.doc
E-1 Attach 4.doc
E-1 Attach 5.doc
E-1 Attach 6.doc
E-1 Attach 7.doc
E-1 Attach 8.doc
- Verification of publication
- Open hearing
- Staff presentation
- Public testimony
- Close hearing
- Council discussion
- Recommendation: Staff recommends that the City Council adopt the following resolutions:
RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING OF THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO. 07-03, ZONE CHANGE NO. 07-03, PRECISE PLAN NO. 07-08, PRECISE PLAN NO. 08-06, TENTATIVE TRACT MAP NO. 70193, VARIANCE NO. 07-15, AND VARIANCE NO. 08-15 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED
RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 07-03
Motion by _________ second by __________
to waive further reading of the resolutions, read by title only, and
adopt ____ disapprove ____ hold over ____
Staff further recommends that the City Council introduce the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING ZONE CHANGE NO. 07-03
Motion by _________ second by __________
to waive further reading of the ordinance, read by title only, and
introduce ____ 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
No reports for this meeting.
H) MAYOR'S/COUNCILMEMBERS REPORTS
1) 1) Annual Appointment of City Council Representatives to Other Agencies
It is recommended that the Mayor make appointments to the various organizations described in the staff report, subject to City Council confirmation. It is further recommended that the representatives to the San Gabriel Valley Council of Governments be named in the following resolution:
H-1.doc
H-1 Attach A.doc
H-1 Attach B.xls
H-1 Attach C.doc
RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, NAMING _____________ AS THE GOVERNING BOARD REPRESENTATIVE TO SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, AND ______________ AS THE ALTERNATE
Motion by _________ second by __________
to waive further reading of the resolution, read by title only, and
adopt ____ 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.)
1) 1) Request Councilmember Steve Herfert
Request from Councilmember Steve Herfert Requesting the City Council Amend Municipal Code Section 26-604 Related to the Sale of Christmas Trees
It is recommended that the City Council direct staff accordingly.
I-1.doc
Motion by _________ second by __________
to _____________________________________
J) COUNCILMEMBER COMMENTS
ADJOURNMENT
Motion by _________ 2nd by _________ to adjourn the meeting at ____ p.m.
Tentative City Council Meetings
| Tuesday 1/6/09 |
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7:00 pm Regular Meeting |
| Tuesday 1/20/09 |
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7:00 pm Regular Meeting |
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