• Agenda Archive & Minutes

REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL

Date:		Tuesday, June 16, 2009
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 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 Mary Hollifield
West Covina United Methodist Church

PLEDGE OF ALLEGIANCE

Mayor Hernández

ROLL CALL

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

REPORTING OUT FROM CLOSED SESSION

CHANGES TO THE AGENDA

PRESENTATIONS

• Proclamation and Presentation
  Parks and Recreation Month - July 2009

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.

Per Resolution No. 2009-25 adopted June 2, 2009, when the titles of ordinances and resolutions appear on the City Council agenda, they shall be deem to have been read by title and further reading is waived.

B) UPDATES/REPORTS FROM CONSULTANTS

No reports for this meeting.

C) ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS

COUNCILMEMBERS' REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS

1) Mayor Roger Hernandez
Request from Mayor Roger Hernandez Requesting the City Council Instruct City Staff to Prepare a Report for the City Council to Consider a Mandatory Spay and Neuter Program for Dogs
It is recommended that the City Council direct staff accordingly.
C-1.doc

Motion by __________ 2nd by __________

to ___________________________________

D) CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routing and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council request specific items to be removed for the Consent Calendar for separate action.

1) City Council Meeting Minutes (receive & file)

No reports for this meeting.

2) Commission Summary of Actions (receive & file)

a) Planning 05/12/09, 05/26/09, 5/28/09, 06/09/09
D-2a 5.12.09.doc
D-2a 5.26.09.doc
D-2a 5.28.09.doc
D-2a 6.09.09.doc

3) Ordinance for Adoption

Ordinance Amending the West Covina Municipal Code Relating to Procedures to Remove a City Commissioner
This ordinance was introduced at the June 2, 2009 Council meeting. The ordinance will amend the City's existing procedures for the removal of a City Commissioner to include a provision that permits the removal of a commissioner by a minimum of four affirmative votes of the City Council for violating the City's Commissioner's Rules of Conduct & Decorum. The ordinance will become effective 30 days after adoption on July 16, 2009.
D-3.doc
D-3 Attach A.doc
D-3 Attach B.doc

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

ORDINANCE NO. __________ - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 2-67(g) OF THE WEST COVINA MUNICIPAL CODE CLARIFYING THE PROCEDURES TO REMOVE A CITY COMMISSIONER

4) Miscellaneous - Community Services Department

a) Request for Del Norte Baseball Field Light Extension for a District 19 All-Star Tournament
It is recommended that the City Council authorize the extension of Del Norte Park baseball field lights from 9:00 p.m. to 10:30 p.m. on Saturday, June 27 through Tuesday, July 14, 2009 for the District 19 eleven and twelve year-old All-Star Tournament.
D-4a.doc

Miscellaneous - Finance Department

b) Annual City Loan for City-wide Project Are
It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING A LOAN TO THE WEST COVINA COMMUNITY DEVELOPMENT COMMISSION FOR THE PAYMENT OF PROJECT AND ADMINISTRATIVE EXPENSES FOR THE "CITY-WIDE" PROJECT AREA
D-4b & Reso.doc

c) Annual City Loan for the West Covina Merged Redevelopment Project Area It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING A LOAN TO THE WEST COVINA COMMUNITY DEVELOPMENT COMMISSION FOR THE PAYMENT OF PROJECT AND ADMINISTRATIVE EXPENSES FOR THE WEST COVINA MERGED REDEVELOPMENT PROJECT AREA
D-4c & Reso.doc

d) Surplus Equipment
It is recommended that the City Council authorize a Toshiba 1050 copier (serial number 6198-6375) and a Toshiba 350 copier (serial number 6198-6372), that were previously located at the Police Department, be sold at a public auction by US Auctions, in accordance with Section 2-316 of the West Covina Municipal Code.
D-4d.doc

e) Appropriations Limit for Fiscal Year 2009-2010
It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2010
D-4e & Reso.doc

4) Miscellaneous - Police Department

f) FY 2009 Justice Assistance Grant (JAG)
It is recommended that the City Council:
D-4f.doc

1. Authorize City and Police staff to complete the process of obtaining the Fiscal Year 2009 Justice Assistance Grant, including executing any required agreements with the City of Los Angeles and the U.S. Department of Justice.

2. Approve the Fiscal Year 2009 Justice Assistance Grant, and authorize the appropriation of an estimated $41,630 as follows:

• $10,130 into 208.31.3114.5113 (for overtime enforcement at commercial areas)
• $31,500 into 208.31.3114.6220 (for police supply and computer items)

Miscellaneous - Risk Management

g) Placement of Property Insurance for FY 2009/10
It is recommended that the City Council approve renewing the City's property insurance coverage for FY 2009/10 with the Hartford, at a cost of $42,910.
D-4g.doc

ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-4g:

Motion by _________ second by __________
to introduce/adopt ordinances/resolutions as recommended

approve all items except: ____________________

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

END OF CONSENT CALENDAR
E) PUBLIC HEARINGS

1) Public Hearing
West Covina Citywide Lighting and Maintenance District
E-1 with Attach A, B, & C.doc

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

1. Verification of publication
2. Open hearing
3. Staff presentation
4. Public testimony
5. Close hearing
6. Council discussion
7. g) Recommendation: It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE PLANS, SPECIFICATIONS, ESTIMATES, DIAGRAM AND ASSESSMENTS CONTAINED THEREIN; ORDERING LIGHTING FIXTURES AND ELECTRICAL CURRENT TO BE FURNISHED FOR LIGHTING FIXTURES AND TO ORDER STREET TREES TO BE INSTALLED AND MAINTAINED IN THE WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT FOR FISCAL YEARS BEGINNING JULY 1, 2009

Motion by __________ 2nd by __________

approve ____ 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 CLERK'S OFFICE

1) November 3, 2009 General Municipal Election Resolutions
1) It is recommended that the City Council adopt the following resolutions which
a) call for the November 3, 2009 general municipal election, b) request consolidation with Los Angeles County school district elections; and c) set general provisions for candidate statements.
G-1.doc
G-1 Attach 1.doc
G-1 Attach 1 Exhibit A.doc
G-1 Attach 2.doc
G-1 Attach 3.doc
G-1 Attach 4.doc
G-1 Attach 5.doc

A. RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2009, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES AND FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO CHANGING THE METHOD BY WHICH CITY VOTERS ELECT MEMBERS TO THE CITY COUNCIL FROM AN "AT-LARGE" PROCESS TO A "BY-DISTRICT SYSTEM

B. RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2009, WITH THE LOS ANGELES COUNTY'S UNIFORM DISTRICT ELECTION (UDEL - SCHOOL DISTRICT ELECTION) TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE

C. RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENT SUBMITTED TO THE VOTERS AT THE ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2009

Motion by _________ 2nd by _________

approve ____ disapprove ____ hold over ____

1) Initiating the November 3, 2009 General Municipal Election (continued)
2) It is recommended that the City Council designate Councilmember(s) who wish to write a ballot argument against the measure as allowed by Elections Code Section 9282(a), and adopt the following resolution with such designation and directing the City Attorney to prepare an impartial analysis of the measure.

If the City Council chooses not to designate Councilmember(s) to write an argument against the measure, Elections Code 9287 prioritizes which argument against the measure, if any submitted, would be printed. Therefore, it would be recommended to amend the following resolution to only direct the City Attorney to prepare an impartial analysis of the measure.

D. RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENT(S) REGARDING A CITY MEASURE, AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS

Motion by _________ 2nd by _________

to _________________________________

3) It is recommended that the City Council adopt the following resolution which provides for the filing of rebuttal arguments. This decision whether or not to allow for a "Rebuttal to the Argument in Favor of the Measure" and a "Rebuttal to the Argument Against the Measure" is optional and if the City Council chooses not to allow rebuttal arguments, no action would be required on this resolution.

E. RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS

Motion by _________ 2nd by _________

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 Hernandez Requesting the City Council's Consensus to Reduce and Cap Individual City Council Allowance Accounts
It is recommended that the City Council direct staff accordingly.
I-1.doc


Motion by _________ 2nd by _________

to _________________________________

2) Mayor Roger Hernandez
Request from Mayor Roger Hernandez Requesting the City Council Repeal the Athens Services Special Fuel Rate Increase
It is recommended that the City Council direct staff accordingly.
I-2.doc


Motion by _________ 2nd by _________

to _________________________________

ADJOURNMENT

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

Tentative City Council Meetings

Tuesday 7/7/09		7:00 pm Regular Meeting
Tuesday 7/21/09		7:00 pm Regular Meeting

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