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03-18-2008 - RegularTuesday March 18, 2008 REGULAR MEETING OF THE WEST COVINA CITY COUNCIL AGENDA 7:00 pm Council Chambers 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 rvrvrv.rvestcovina.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) 960A422 (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. INVOCATION Reverend Mary Hollifield West Covina United Methodist Church PLEDGE OF ALLEGIANCE Mayor Pro Tern Hernandez ROLL CALL Mayor Lane, Mayor Pro Tern Hernandez Councilmembers Herfert, Sanderson, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS * Blue Star Video * Check Presentation by Southern California Edison * Certificate ofRecorition Heidi Gallegos, 60` Assembly District Woman of the Year * Certificate of Recognition Bruce Glaspy, Senior Center Chef * Certificates of Recognition City Staff—AB2404 Research * Certificate of Recognition Jim Waterhouse and Brian Melgar Community Enhancement Program I CERTIFY THAT A COPY OF�IE COUNCIL AGENDA FOR ANNOUNCEMENTS THE MEETING OF 3 ll% / WAS POSTED IN ACCO THE 0118] BROWN ACT AMENDMENT OFFTHE ON C" City Council Agenda for March 18, 2008 I RULES OF DECORUM I Vie following are excerpts fi-oin 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 frmn 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. 03/18/08 2 Agenda material is available at www.westcovina.org City Council Agenda for March 18, 2008 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) No reports for this meeting. 3) Award of Bid a) Award of Bid for City Project SP-07119 — Glendora Avenue Downtown Improvements It is recommended that the City Council take the following actions: 1. Accept the bid of Green Giant Landscape in the amount of $447,661.50 (Base Bid without Alternate "A") as submitted at the bid opening on March 5, 2008, and authorize the Public Works Director/City Engineer to execute an agreement with Green Giant Landscape of La Habra, California for the work to be done. 2. Appropriate $93,000.00 from the CDC reserve funds to SP-07119 Account No. 876.22.2254.6457. 3. Direct staff to conduct a survey for street naive change of Glendora Avenue between Vincent Avenue and South Garvey Avenue to Old Town Center or Old Center Drive. 03/18/08 3 Agenda material is available at www.westcovina.org City Council Agenda for March 18, 2008 D) CONSENT CALENDAR (continued) 4) Miscellaneous — Human Resources Department a) Transmission of Memorandum of Understanding and Implementing Resolution for the West Covina Police Officers' Association I. In order to implement the direction provided by City Council in Closed Session on January 24, 2008, the City Council needs to approve the proposed salary and benefit enhancements for the West Covina Police Officers' Association by adopting the following resolution: 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 POLICE OFFICERS' ASSOCIATION; AND AMENDING COMPENSATION AND BENEFITS FOR CLASSES REPRESENTED BY THE POLICE OFFICERS' ASSOCIATION 2. Appropriate $729,680 from the General Fund reserve to various salary and benefit accounts in the Police Department budget. b) Transmission of Memorandum of Understanding and Implementing Resolution for the West Covina Firefighter's Association, I.A.F.F., and Local 3226 1. In order to implement the direction provided by City Council in Closed Session on January 24, 2008, the City Council needs to approve the proposed salary and benefit enhancements for the West Covina Firefrghter's Association, I.A.F.F., and LOCAL 3226 by adopting the following resolution: 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 FIREFIGHTER'S ASSOCIATION; AND AMENDING COMPENSATION AND BENEFITS FOR CLASSES REPRESENTED BY THE FIREFIGHTER'S ASSOCIATION 2. Appropriate $289,543 from the General Fund reserve to various salary and benefit accounts in the Fire Department budget. c) Suspension of Lateral Police Officer Hiring Incentive Program It is recommended that the City Council authorize suspension of the Lateral Police Officer Hiring Incentive Program. 03/18/08 4 Agenda material is available at www.westcovina.org City Council Agenda for March 18, 2008 D) CONSENT CALENDAR (continued) 4) Miscellaneous — Public Works Department d) Appropriate Funds for the Maintenance and Operation of the Coastal Sage and Scrub Community Facilities District — FY 2007-2008 It is recommended that the City Council appropriate $55,000 for the maintenance and operation of the Coastal Sage and Scrub Community Facilities District from Fund 183. ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-4d: Motion by second by to waive further reading of the resolutions and adopt and approve all items except: ROLL CALL: Herfert, Hernandez, Sanderson, Touhey, Lane END OF CONSENT CALENDAR 03/18/08 5 Agenda material is available at wrvmwestcovina.org City Council Agenda for March 18, 2008 E) PUBLIC HEARINGS 1) Appeal Hearing Appeal of Variance No. 08-01 Appeal of Administrative Use Permit No. 08-02 Categorical Exemption Appellant: Rene Ortiz Location: 1388 E. Garvey Avenue South This is an appeal of the February 26, 2008 denial by the West Covina Planning Commission for this project, which consists of the development of a 25-foot tall freestanding sign with an electronic readerboard and allowing a sign area of 84 square feet. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing 0 Council discussion g) 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, DENYING VARIANCE NO. 08-01 ON APPEAL OF PLANNING COMMISSION ACTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DENYING ADMINISTRATIVE USE PERMIT NO. 08-02 ON APPEAL OF PLANNING COMMISSION ACTION Motion by 2"a by to waive further reading of the resolutions and adopt disapprove hold over COMMUNITY DEVELOPMENT COMMISSION No meeting scheduled. 03/18/08 6 Agenda material is available at wwmwestcovina.org City Council Agenda for March 18, 2008 G) DEPARTMENTAL MATTERS 1) Formation of Public Arts Commission Staff recommends that the City Council: 1. Introduce the following ordinance establishing a new Public Arts Commission: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 2 (ADMINISTRATION) AND CHAPTER 17 (PLANNING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO THE ESTABLISHMENT OF A PUBLIC ARTS COMMISSION Motion by 2" d by_ to waive further reading of the ordinance, and introduce disapprove hold over _ Roll Call: Herfert, Hernandez, Sanderson, Touhey, Lane 2. Provide direction to staff regarding the following issues (refer to "Policy Decisions" on Page 3): • Method of making appointments from Planning Commission. • Commission oversight of issues pertaining in general to the visual and performing arts. • Stipend amount to be paid to commissioners. • Source of commission funding. Motion by 2" d by to H) 1VIAYOR'S/COUNCILMEMBERS REPORTS 1) Mayor Pro Tern Hernandez Initiation of an Ordinance to Change the Day a City Council Meeting is Held When it Lands on an Election Day It is recormnended that the City Council provide direction, as this is a matter of City Council policy. The City Council currently has the authority to move meetings as has previously been done or the City Council may introduce the attached draft ordinance amending the West Covina municipal code to approve the request. Motion by 2" d by to 03/18/08 7 Agenda material is available at www.westcovina.org • • City Council Agenda for March 18, 2008 H) MAYOR'S/COUNCILMEMBERS REPORTS (continued) 2) Mayor Pro Tern Roger Hernandez Update on the Public Safety Facilities Needs Study It is recommended that the City Council receive and file this informational report. Motion by 2°d by to receive and file. 3) Councilmember Steve Herfert City of West Covina Walk of Fame It is recommended that the City Council take the following actions: 1. Adopt the attached "West Covina Walk of Fame" Guidelines; 2. Authorize the formation of the seven person Walk of Fame Committee; and 3. Appropriate $12,000 from General Fund Balance and $12,000 from the Redevelopment Fund Balance to account number XXX.XX.XXXX.XXXX, for the installation of the Walk of Fame honoree plaques at Big League Dreams. Motion by 2°d 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.) I) COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS (Per City of YVest Covina Standing Rules 4.f — Requests by Councibnembers 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 Pro Tern Roger Hernandez Request from Mayor Pro Tern Roger Hernandez Seeking the City Council's Consensus to Reinstate Holding Quarterly City Council Meetings in Different Parts of the City It is recommended that the City Council direct staff accordingly. Motion by to 2nd by 03/18/08 8 Agenda material is available at www.westcovina.org City Council Agenda for March 18, 2008 I) COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS (continued) 2) Councilmember Michael Touhey Request from Councilmember Michael Touhey Seeking the City Council's Consensus to Consider West Covina Youth Basketball's Request to Waive Fees for Use of Cameron Community Center It is recommended that the City Council direct staff accordingly. Motion by 2"d by, to 3) Councilmember Michael Touhey Request from Councilmember Michael_ Touhey Seeking the City Council's Consensus to Allow Blue Star Banners to be Placed Near Family Member Homes at their Cost It is recommended that the City Council direct staff accordingly Motion by to .I) COUNCILMEMBER COMMENTS 2nd 03/18/08 9 Agenda material is available at ivivrv.westcovina.org • ! City Council Agenda for March 18, 2008 ADJOURNMENT Motion by 2"d by to adjourn the meeting at Tentative City Council Meetings Thursday March 20 8:00 a.m. Big League Dreams Special Meeting Tuesday April 1 7:00 p.m. Council Chambers Regular Meeting Tuesday April 15 7:00 p.m. Council Chambers Regular Meeting p.m. 03/18/08 10 Agenda material is available at www.ivesteovina.org