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04-01-2008 - RegularTuesday April 1, 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 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 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 PLEDGE OF ALLEGIANCE Councilmember Herfert ROLL CALL Mayor Lane, Mayor Pro Tem Hernandez Councilmembers Herfert, Sanderson, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS * Blue Star Video * Proclamation Telecommunicators Week —April 13 —19, 2008 ANNOUNCEMENTS I CERTIFY THAT A COPY OFTH� COUNCIL AGENDA FOR THE MEETING OF . 1. 9 AS POSTED IN ACCOR THE 01187 BROWN ACT AMENDMENT DATED: r� OFFICE OF THE CITY CLERK City Council Agenda for A•l 1, 2008 • 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. 04/01 /08 2 Agenda material is available at www.westeovina.org City Council Agenda for A•I 1, 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 1) Councilmember Steve Herfert 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 of the report): • 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 04/01/08 3 Agenda material is available at www.westcovina.org City Council Agenda for Ali 1, 2008 • C) ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS (continued) 2) Councilmember Steve Herfert City of West Covina Walk of Fame It is recommended that the City Council take the following actions: 1. Adopt the "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 2ud by approve disapprove hold over D) CONSENT CALENDAR 1) City Council Meeting Minutes (receive & file) • Regular Meeting of November 20, 2007 • Regular Meeting of December 4, 2007 2) Commission Summary of Actions (receive & file) a) Community Services ............................................... 02/12/08 b) Senior Citizens........................................................ 02/28/08 c) Planning Commission ............................................. 03/25/08 3) Claims Against the City of West Covina Government Tort Claim Denials It is recommended that the City Council deny the following Government Tort Claims and the claimants and/or their respective attorneys be so notified. • Leticia Baez vs. City of West Covina • Javier Ramirez vs. City of West Covina • Randal Ruiz vs. City of West Covina 04/01/08 4 Agenda material is available at www.westcovina.org City Council Agenda for A•1 1, 2008 E D) CONSENT CALENDAR (continued) 4) Award of Bid a) Award of Bid for Bus Shelter Powder Coating/Refurbishing - It is that the City Council the following actions: 1. Accept the bid of Green Giant Landscape, Inc. in the amount of $181,140.00 as submitted at the bid opening on March 17, 2008, and authorize the Public Works Director/City Engineer to execute an agreement with Green Giant Landscape of Corona, California for the work to be done. 2. Appropriate $30,000 from Proposition "A" funds to Project No. SP- 01803. b) Award of Bid for the Purchase and Installation of Trash Receptacles at Bus Shelters — Proiect No. SP-08102 It is recommended that the City Council accept the quote from Highland Products Group in the amount of $120,317.75 for the purchase and installation, including tax, shipping and handling, of 140 trash receptacles at bus shelters at some shuttle bus stops. 5) City Treasurer's Report (receive & file) Report for the Month of February 2008 6) Miscellaneous — Public Works Department a) It is recommended that the City Council introduce the following ordinance deleting Morganfield Avenue from Section 22-131 of the Municipal Code: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-131 OF THE WEST COVINA MUNICIPAL CODE RELATING TO INCREASES OF STATE LAW MAXIMUM SPEEDS b) Determination of Public Convenience and Necessity for Amendment to the Coastal Sage and Scrub Community Facilities District ("CSS District') to Allow for Funding of Ongoing Maintenance Costs for Additional Public Infrastructure Facilities and Services Within the District Staff recommends that the City Council make a determination that public necessity and convenience require the extension of authorized facilities and services financed by the CSS District, and adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS DETERMINATION THAT PUBLIC CONVENIENCE AND NECESSITY REQUIRE AN EXTENSION OF THE AUTHORIZED FACILITIES AND SERVICES FINANCED BY THE COASTAL SAGE AND SCRUB COMMUNITY FACILITIES DISTRICT 04/01/08 5 Agenda material is available at www.westcovina.org City Council Agenda for A•1 1, 2008 D) CONSENT CALENDAR (continued) 6) Miscellaneous — Public Works Department (continued) c) Landscape Maintenance District No. 6 — Preliminary Approval of the Engineer's Report 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, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 3, 2008 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENCING IN FISCAL YEAR 2008-2009 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT d) Landscape Maintenance District No. 7 — Preliminary Approval of the Engineer's Report 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, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 3, 2008 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN FISCAL YEAR 2008-2009 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-6d: Motion by second by to waive further reading of the ordinance/resolutions and introduce/adopt and approve all items except: ROLL CALL: Herfert, Hernandez, Sanderson, Touhey, Lane END OF CONSENT CALENDAR 04/01/08 6 Agenda material is available at www.westeovina.org City Council Agenda for A• 1, 2008 • E) PUBLIC HEARINGS No hearings for this meeting. F) COMMUNITY DEVELOPMENT COMMISSION Recess the City Council meeting at p.m. to convene the CDC. Reconvene the City Council meeting at p.m. G) DEPARTMENTAL MATTERS POLICE DEPARTMENT 1) Consideration of an Ordinance Which Would Prohibit the Possession of Weapons at City Hall and on Adiacent City -Owned and Operated Property It is recommended that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING SECTION 15-32 TO ARTICLE XIII OF CHAPTER 15 OF THE WEST COVINA MUNICIPAL CODE TO PROHIBIT THE POSSESSION OF WEAPONS IN CITY HALL Motion by 2"d by to waive further reading of the ordinance and introduce disapprove hold over Roll Call: Herfert, Hernandez, Sanderson, Touhey, Lane H) MAYOR'S/COUNCILMEMBERS REPORTS 1) Councilmember Michael Touhey Consideration to Waive Cameron Community Center Gymnasium Fees for the West Covina Youth Basketball League It is recommended that the City Council provide direction on how to proceed. Motion by 2°d by to 2) Councilmember Michael Touhey Blue Star Banner Prouram It is recommended that the City Council provide staff direction on this matter Motion by 2 d by to 04/01/08 7 Agenda material is available at www.westcovina.org City Council Agenda for A•l 1, 2008 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.) No reports for this meeting. J) COUNCILMEMBER COMMENTS ADJOURNMENT Motion by Tuesday Tuesday 04/01 /08 2nd by to adjourn the meeting at Tentative City Council Meetings April 15 7:00 p.m. Council Chambers Regular Meeting May 6 7:00 p.m. Council Chambers Regular Meeting 8 Agenda material is available at www westcovina.org p.m.