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| | | | Tuesday, April 21, 2009
SPECIAL MEETING
OF THE
WEST COVINA CITY COUNCIL
| Date: |
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Tuesday, April 21, 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)
Two cases
- Sue Williams
- Delores Hernandez
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 21, 2009 |
| Time: |
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7:00 p.m. |
| Place: |
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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 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
Reverend Alexandra Conrads
St. Martha's Episcopal Church
PLEDGE OF ALLEGIANCE
Councilmember Herfert
ROLL CALL
Mayor Hernández, Mayor Pro Tem Sanderson
Councilmembers Herfert, Lane, Touhey
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
- Certificate of Recognition
Southland Transit Recognition
Sponsor of the 2009 Cherry Blossom Festival
- Resolution of Commendation
Irene Meza, Corporal, West Covina Police Department
57th Assembly District Woman of the Year
- Proclamation
Armenian Remembrance Day, April 24, 2009
- Proclamation
West Nile Virus Awareness Week April 20 - April 26
- Presentation
San Gabriel Valley Conservation Corps - Recycling Program
- Daniel Oaxaca, Founder/Executive Director
- Norma Martinez, Program Manager
- Peter Quezada, Recycling Program Manager
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)
Special Meeting of December 2, 2008
smin 12-02-08.doc
Regular Meeting of December 2, 2008
min 12-02-08.doc
Regular Meeting of December 16, 2008
min 12-16-08.doc
2) Commission Summary of Actions (receive & file)
a) Planning 04/14/09
D-2a.doc
3) Claims Against the City of West Covina
Government Tort Claim Denials (deny & notify claimant)
It is recommended that the City Council deny the following Government Tort Claims and the claimants and/or their respective attorneys be so notified.
D-3.doc
- Genevieve Rankins vs. City of West Covina
- Ernestina Herrera vs. City of West Covina
4) Ordinance for Adoption
Ordinance Implementing the Digital Infrastructure and Video Competition Act of 2006 Related to Cable Television
This ordinance was introduced at the City Council meeting of April 7, 2009 and will amend Article 2 of Chapter 11 of the Municipal Code to implement the Digital Infrastructure and Video Competition Act of 2006. This ordinance will become effective 30 days after adoption on May 21, 2009.
D-4.doc
D-4 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 ITS CABLE TELEVISION FRANCHISE AND LICENSE ORDINANCES TO AMEND ARTICLE 2 OF CHAPTER 11 OF THE WEST COVINA MUNICIPAL CODE TO IMPLEMENT THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006
5) Award of Bid
Award of Bid for Street Rehabilitation Work for Residential Streets -
(Project No. SP-09105)
It is recommended that the City Council award the contract to Gentry Brothers, Inc. in the amount of $1,026,000.00 and authorize the Public Works Director/City Engineer and City Clerk to execute the contract for residential street rehabilitation work.
D-5.doc
Attachment is available for review at the City Clerk's Office.
6) Miscellaneous - Fire Department
a) Weed Abatement 2009 - Various Citywide Locations
It is recommended that the City Council take the following actions:
D-6a.doc
D-6a Attach1.doc
D-6a Exhibit A.doc
- Set May 5, 2009 as the date for the public hearing of any objections or protests to said program.
- Approve the Weed Abatement Roll for the calendar year 2009, and adopt the following resolution for the 2009 Weed Abatement Program:
RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ALL RUBBISH AND REFUSE UPON, AND ALL WEEDS GROWING UPON SPECIFIED STREETS AND PRIVATE PROPERTY WITHIN SAID CITY TO BE A PUBLIC NUISANCE AND DECLARING ITS INTENTION TO REMOVE AND ABATE THE SAME UNDER AND IN ACCORDANCE WITH THE PROVISIONS OF TITLE 4, DIVISION 3, PART 2, CHAPTER 13, ARTICLE 2, SECTIONS 39560 THROUGH 39588, OF THE CALIFORNIA GOVERNMENT CODE
Miscellaneous - Public Works Department
b) West Covina Citywide Sewer Service Charge Setting a Public Hearing Date on Method of Collection and Fee Increase
It is recommended that the City Council introduce the following Ordinance and adopt the following resolution:
D-6b & Attach A.doc
D-6b Attach D Reso.doc
D-6b Attach E Ord.doc
Attachment B & C are available for review at the City Clerk's Office.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE PROCEDURES FOR THE SETTING OF SEWER FEES BY RESOLUTION
RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO ADOPT A SCHEDULE OF SEWER FEE INCREASES AND COLLECT THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL AND SETTING JULY 7, 2009 FOR A PUBLIC HEARING ON METHOD OF COLLECTION AND FEE INCREASES
c) Citywide Lighting and Maintenance District Preliminary Approval of Engineer's Report
It is recommended that the City Council adopt the following resolution:
D-6c & Attach ABC.doc
D-6c Attach E Reso.doc
Attachment D 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, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 16, 2009 TO APPROVE CITYWIDE ASSESSMENTS COMMENCING IN FISCAL YEAR 2009-2010 TO FUND THE OPERATION AND MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE DISTRICT
d) Authorization to Apply for the California Beverage Container Recycling and Litter Reduction Grant for Fiscal Year 2009-2010
It is recommended that the City Council authorize staff to submit an application to the California Department of Conservation's Division of Recycling for a California Beverage Container and Litter Reduction Grant for the Fiscal Year 2009-2010.
D-6d.doc
e) Biological Monitoring of the Coastal Sage and Scrub Community Facility District
It is recommended that the City Council accept the proposal from Vandermost Consulting Service, Inc. for biological monitoring and preparation of annual reports of the Coastal Sage and Scrub Community Facility District and authorize the Public Works Director/City Engineer and City Clerk to execute the contract.
D-6e.doc
Miscellaneous - Finance Department
f) California Communities Tax Revenue Anticipation Notes
It is recommended that the City Council adopt the following resolution:
D-6f.doc
D-6f Reso.doc
RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2009-2010; THE ISSUANCE AND SALE OF A 2009-2010 TAX AND REVENUE ANTICIPATION NOTE THEREFORE AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM
ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-6f:
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
No hearings for this meeting.
F) COMMUNITY DEVELOPMENT COMMISSION
No meeting scheduled.
G) DEPARTMENTAL MATTERS
CITY CLERK'S OFFICE
1) Initiative Measure to Change the Method by Which City Voters Elect Members to the City Council from an "At-Large" Process to a "By-District" System
It is recommended that the City Council:
G-1.doc
G-1 Attach1.doc
G-1 Attach2.pdf
G-1 Attach3.doc
G-1 Attach4 Part 1.pdf
G-1 Attach 4 Part 2.pdf
G-1 Attach 4 Part 3.pdf
G-1 Attach 5.doc
G-1 Attach 6.doc
G-1 Attach 7.doc
1. Receive and file the Certificate of Sufficiency on the results of the examination of the initiative petition signatures.
2. Take the appropriate action on one of the following options (Elections Code Section 9215):
a) Adopt the ordinance, without alteration, at this meeting in which the certification of the petition is presented, or within 10 days thereafter,
b) Submit the ordinance, without alteration, to the voters at the city's next regular election (November 3, 2009), by directing staff to prepare the appropriate resolutions to place the measure on the ballot,
c) Request a report on the effect of the proposed initiative, to be brought back no later than 30 days after the City Council receives the Certificate of Sufficiency.
Motion by _________ 2nd by _________
to receive and file the Certificate of Sufficiency on the results of the examination of the initiative petitions signatures and
to _________________________________
H) MAYOR'S/COUNCILMEMBERS REPORTS
No reports for this meeting.
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 Hernández Requesting the City Council Adopt a Resolution to Express That the City Council Has Not Given Direction to Layoff Public Safety Personnel or Re-Negotiate Their Contracts
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 Hernández Requesting the City Council Provide Funding from the General Fund Reserves for the Blue Star Banner Program
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 Steve Herfert to Discuss Mayor Roger Hernández' Request to be Quoted in all City Press Releases
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 5/5/09 |
|
7:00 pm Regular Meeting |
| Tuesday 5/19/09 |
|
7:00 pm Regular Meeting |
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