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| | | | Tuesday, April 07, 2009
SPECIAL MEETING
OF THE
WEST COVINA CITY COUNCIL
| Date: |
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Tuesday, April 7, 2009 |
| Time: |
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5:45 p.m. |
| Place: |
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City Manager's Conference Room
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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 Hernandez, Mayor Pro Tem Sanderson
Councilmembers Herfert, Lane, Touhey
I PUBLIC COMMENT ON ITEMS ON THE AGENDA
II CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(b)
One Case
ADJOURNMENT
Motion by ______ 2nd by ______
to adjourn the meeting at _____ pm.
REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL
| Date: |
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Tuesday, April 7, 2009 |
| 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
Andrew Pasmant, City Manager
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Sanderson
ROLL CALL
Mayor Hernández, Mayor Pro Tem Sanderson
Councilmembers Herfert, Lane, Touhey
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
- Presentation
2009 Tournament of Roses Float Rendering
- Certificate of Recognition
Patrick Jacobo, Donation to Big League Dreams
- California Park & Recreation Society Award
City of West Covina's Big League Dreams
- Proclamation
Earth Day, April 18, 2009
- Proclamation
Clean Up Saturdays, April 18 - May 16
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 reports submitted.
2) Commission Summary of Actions (receive & file)
a) Community Services 02/10/09
D-2a.doc
b) Planning 03/10/09 & 03/24/09
D-2b 3.10.09.doc
D-2b 3.24.09.doc
c) Senior Citizens Commission 01/22/09
D-2c.doc
3) Ordinance for Adoption
Code Amendment No. 09-01
Christmas Tree Sales Code Update
This ordinance was introduced at the City Council meeting of March 17, 2009 and will amend Chapter 26 (Zoning) of the Municipal Code to allow Christmas tree vendors to begin sales on the Friday after the Thanksgiving Day Holiday. The ordinance will become effective 30 days after adoption.
D-3.doc
D-3 Attach1.doc
Attachment #2 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 WEST COVINA MUNICIPAL CODE RELATED TO CHRISTMAS TREE SALES (CODE AMENDMENT NO. 09-01)
4) Traffic Committee Minutes of March 17, 2009 (accept & file)
D-4.doc
Attachment is available for review at the City Clerk's Office.
1. Adrian Melendez, West Covina resident
That a "Keep Clear" pavement message be installed on the north side of Cameron Avenue at the public alley east of Glendora Avenue
Traffic Committee Recommendation:
That a "Keep Clear" pavement message and 12-inch wide solid white stripes be installed on the north side of Cameron Avenue at the public alley 200-feet east of Glendora Avenue.
5) City Treasurer's Report (receive & file)
Report for the Month of February 2009
D-5 Treas Rpt.doc
D-5 Treas Stmt.xls
D-5 Mthly Detail.xls
CDC Treas Rpt.doc
CDC Treas Stmt.xls
6) Miscellaneous - Fire Department
a) U.S. Department of Homeland Security, Federal Emergency Management Agency Assistance to Firefighters Grant
It is recommended that the City Council take the following actions.
D-6a.doc
Attachment #1 is available for review at the City Clerk's Office.
1. Accept the U.S. Department of Homeland Security, Federal Emergency Management Agency Assistance to Firefighters Grant and appropriate the award as follows:
- Appropriate $36,860 to Account No. 214.32.3210.6270 (Professional Services)
- Appropriate $36,860 to Account No. 214.32.3210.7160 (Equipment)
2. Appropriate 20% matching funds in the amount of $18,430 from the General Fund Reserve to Account No. 110.32.3210.XXXX.
Miscellaneous - Police Department
b) 2009 BJA Justice Assistance Grant
It is recommended that the City Council:
D-6b.doc
1. Authorize City and Police staff to complete the process of obtaining the 2009 BJA Justice Assistance Grant, including executing any required agreements with the City of Los Angeles, the U.S. Department of Justice, etc.
2. Approve the 2009 Justice Assistance Grant, and authorize the appropriation of an estimated $184,000 as follows:
- $40,000 into 208.31.3113.5113 (for overtime enforcement at commercial areas)
- $59,000 into 208.31.3113.6220 (for police supply items)
- $49,500 into 208.31.3113.7160 (for police equipment items)
- $35,500 into 208.31.3113.7170 (for police vehicles)
Miscellaneous - Public Works Department
c) Approval of 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 Sewer System Management Plan.
D-6c.doc
Attachment is available for review at the City Clerk's Office.
d) Landscape Maintenance District No. 6 - Preliminary Approval of Engineer's Report
It is recommended that the City Council adopt the following resolution:
D-6d with AttachB & C.doc
D-6d AttachE.doc
Attachments A 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 HEARING ON JUNE 2, 2009 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENCING IN FISCAL YEAR 2009-2010 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITH THE BOUNDARIES OF THE DISTRICT
e) Landscape Maintenance District No. 7 - Preliminary Approval of the Engineer's Report
It is recommended that the City Council adopt the following resolution:
D-6e with AttachB & C.doc
D-6eAttachE.doc
Attachments A 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 HEARING ON JUNE 2, 2009 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN FISCAL YEAR 2009-2010 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT
f) Los Angeles County Household Hazardous Waste and Electronic Waste Round-Up in West Covina - May 16, 2009
It is recommended that the City Council authorize staff to host the Los Angeles County Household Hazardous and Electronic Waste Round-Up on May 16, 2009, here in West Covina.
D-6f.doc
g) Azusa Light and Water Request to Excavate and Pave on Orange Avenue Currently Under Moratorium
It is recommended that the City Council approve Azusa Light and Water's request for an exemption to the City's Street Cut Moratorium on Newly Improved Streets and to be permitted to excavate and pave on Orange Avenue between Puente Avenue and Grovecenter Street.
D-6g.doc
h) Landscape Maintenance Agreement with Azteca Landscaping for Coastal Sage and Scrub Community Facility District
It is recommended that the City Council amend the current annual maintenance agreement with Azteca Landscaping to fund the ongoing maintenance costs for the Coastal Sage and Scrub Community Facility District at an annual cost of $36,000.
D-6h.doc
Miscellaneous - Community Development Commission
i) Neighborhood Stabilization Program
It is recommended that the City Council authorize staff to pursue federal grant funding for the Neighborhood Stabilization Program.
D-6i.doc
Miscellaneous - City Manager's Office
j) Resolution Supporting the United States Department of Defense's Employer Support of the Guard and Reserve (ESGR)
It is recommended that the City Council adopt the following resolution:
D-6J.doc
D-6J Reso.doc
RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS SUPPORT FOR THE NATIONAL GUARD AND RESERVE
6) Miscellaneous - City Manager's Office (continued)
k) Ordinance Implementing the Digital Infrastructure and Video Competition Act of 2006 Related to Cable Television
City staff recommends that the City Council introduce the following ordinance:
D-6k.doc
D-6K Reso.doc
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING ITS CABLE TELEVISION FRANCHISE AND LICENSE ORDINANCES TO AMENDING ARTICLE 2 OF CHAPTER 11 OF THE WEST COVINA MUNICIPAL CODE TO IMPLEMENT THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006
7) Councilmember Reports
Councilmember Michael Touhey
Resolution to Expand the Voluntary Graffiti Abatement Coverage Area to Include the San Bernardino Freeway Between Grand and the 605 Freeway
It is recommended that the City Council approve a City Council requested resolution in support of Mr. Glenn Kennedy's proposal to expand the voluntary graffiti abatement coverage area to include the San Bernardino Freeway between Grand Avenue and the 605 Freeway.
D-7 & Attach1.doc
D-7 Attach2.pdf
RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, IN SUPPORT OF EXTENDING THE VOLUNTARY GRAFFITI ABATEMENT COVERAGE AREA TO INCLUDE THE SAN BERNARDINO FREEWAY BETWEEN GRAND AND THE 605 FREEWAY
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,
approve all items except: ____________________
ROLL CALL: Herfert, Lane, Sanderson, Touhey, Hernandez
END OF CONSENT CALENDAR
E) PUBLIC HEARINGS
1) Public Hearing
Establishing Community Facilities District No. 2009-1, Pursuant to the Mello-Roos Community Facilities Act of 1982 and Authorizing an Election
This is a hearing on the formation of Community Facilities District No. 2009-1 to provide funding for the ongoing maintenance and operations of the roadways, curbs and gutters, sidewalk, multi-purpose trails, storm drains, and other infrastructure within the District.
E-1.doc
E-1 Attach2 Reso.doc
E-1 Attach3 Reso.doc
E-1 Attach4 Ord.doc
Attachment #1 is available for review in the City Clerk's Office.
Attachment #2 Reso - Exhibits A and B are available for review in the City Clerk's Office.
- Verification of publication
- Open hearing
- Staff presentation
- Public testimony
- Close hearing
- Council discussion
- Recommendation: It is recommended that the City Council adopt the following resolutions formally establishing Community Facilities District No. 2009-1 and setting date for an election.
RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2009-1
Motion by __________ 2nd by __________
to waive further reading of the resolution and
adopt ____ disapprove ____ hold over ____
RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING A DATE FOR AN ELECTION ON THE COMMUNITY FACILITIES DISTRICT NO. 2009-1 SPECIAL TAX LEVY FOR JULY 7, 2009
Motion by __________ 2nd by __________
to waive further reading of the resolution and
adopt ____ disapprove ____ hold over ____
It is further recommended that the City Council introduce the following ordinance levying and apportioning the special tax in the district:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, LEVYING AND APPORTIONING SPECIAL TAXES IN COMMUNITY FACILITIES DISTRICT NO. 2009-1 IN ACCORDANCE WITH RESOLUTION NO. 2009-____ AND 2009-_____
Motion by __________ 2nd by __________
to waive further reading of the ordinance, read by title only and
introduce ____ disapprove ____ hold over ____
Roll Call: Herfert, Lane, Sanderson, Touhey, Hernandez
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
1) City Commission Rules & Procedures
It is recommended that the City Council instruct City staff to do the following:
G-1.doc
1. Develop a City Commissioner Rules of Decorum; and
2. Prepare an amendment to the West Covina Municipal Code to address the procedures and consequences for inappropriate behavior, up to and including, removal of a City Commissioner; and
3. Prepare an amendment to the West Covina Municipal Code Section 2-69(c) to change the number of absences that a Commissioner is allowed to miss before being automatically vacated from their position.
Motion by _________ 2nd by _________
approve ____ disapprove ____ hold over ____
H) MAYOR'S/COUNCILMEMBERS REPORTS
1) Councilmember Michael Touhey
Request from Councilmember Michael Touhey Requesting the City Council Review the City's Public, Education, & Government (PEG) Fee Account
City staff recommends the following:
H-1.doc
1. Suspend the collection of the Public, Educational, & Government (PEG) fee collected by Charter Communications and Verizon effective July 1, 2009; and
2. Establish an account to accept donations from businesses and residents to fund the future operation of the City's Cable Channel.
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.)
If applicable, Councilmembers may make a verbal report at this time.
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) Mayor Roger Hernandez
Request from Mayor Roger Hernandez Requesting the City Council Instruct Staff to Work with Athens Services to Repeal the Special Fuel Rate Increase Approved in 2008
It is recommended that the City Council direct staff accordingly.
I-1.doc
Motion by _________ second by __________
to _____________________________________
2) Mayor Roger Hernandez
Request from Mayor Roger Hernandez Requesting the City Council Consider Asking Big League Dreams to Share in their Profits Beyond the Company's Expectations as Outlined in the Operating Agreement
It is recommended that the City Council direct staff accordingly.
I-2.doc
Motion by _________ second by __________
to _____________________________________
3) Councilmember Michael Touhey
Request from Councilmember Michael Touhey Requesting the City Council to Instruct City Staff to Conduct an Audit of Charter Communications' Franchise and PEG Fees
It is recommended that the City Council direct staff accordingly.
I-3.doc
Motion by _________ second by __________
to _____________________________________
COUNCILMEMBER COMMENTS
ADJOURNMENT
Motion by _________ 2nd by _________ to adjourn the meeting at ____ p.m.
Tentative City Council Meetings
| Tuesday 4/21/09 |
|
7:00 pm Regular Meeting |
| Tuesday 5/5/09 |
|
7:00 pm Regular Meeting |
|
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