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04-15-2008 - RegularTuesday April 15, 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.wesicovina.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 Sanderson 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 Certificates of Recognition * Nogales HS Basketball Champs Certificates of Recognition * 2008 Women of Distinction from Congresswoman Solis Susan Isago Carol A. Facciponti-Malcom Certificates of Recognition * Woman's Club of West Covina Sandra Taylor, Citizen of the Year Zona Wilt, Woman of the Year Norma Marx, Kindness Angel City Council Agenda for April 15, 2008 ANNOUNCEMENTS Certificates of Recognition * 57`h Assembly District Woman of the Year Arlene Payne Beverly Williams Proclamations * General Federation of Women's Clubs Federation Day —April 24, 2008 * West Covina Elks — Youth Week, April 27 — May 3 * Earth Day — April 15, 2008 * Clean Up Saturdays * Armenian Remembrance Day —April 24 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 tru0rfully, 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 19340 of the Elections Code, is guilty of a misdemeanor. 04/15/08 z Agenda material is available at www.westcovina org City Council Agenda for April 15, 2008 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 18, 2007 • Regular Meeting of December 18, 2007 • Special Meeting of January 15, 2008 • Regular Meeting of January 15, 2008 D) CONSENT CALENDAR (continued) 2) Commission Summary of Actions (receive & file) a) Planning Commission ............................................. 04/08/08 04/15/08 3 Agenda material is available at www.westcovina.org City Council Agenda for April 15, 2008 D) CONSENT CALENDAR (continued) 3) Ordinance for Adoption Ordinance for Adoption Morganfield Avenue Speed Limit Reverting Back to 25-Miles Per Hour This ordinance was introduced at the City Council meeting of April 1, 2008. This ordinance will decrease the speed limit on Morganfield Avenue from 30 miles per hour to 25 miles per hour. This ordinance will become effective on May 15, 2008, thirty days after its adoption. 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 SECTION 22-131 OF THE WEST COVINA MUNICIPAL CODE RELATING TO INCREASES OF STATE LAW MAXIMUM SPEEDS 4) Award of Bid a) Award of Bid for Landscape Maintenance Contract for Maintenance District Nos. 1, 2 and 4 It is recommended that the City Council accept the proposal of Campesino Landscape in the amount of $1,739,977.20 for a 5-year contract, as submitted at the bid opening on March 27, 2008, and authorize the Public Works Director/City Engineer to execute such contract with Campesino Landscape of Corona, California, for landscape maintenance of Maintenance District Nos. 1, 2, and 4. 5) Miscellaneous — City Clerk's Office a) Destruction of Documents as Prescribed by Law It is recommended that the City Council adopt the following resolution authorizing the destruction of specific records: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW Miscellaneous — City Manager's Office b) San Gabriel Valley Council of Governments Joint Powers It is recommended that the City Council adopt the resolution amending the San Gabriel Valley Council of Govennments (SGVCOG) Joint Powers Amendment to allow the water agencies of the San Gabriel Valley to join the SGVCOG: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ADOPTING AMENDMENT ONE TO THE THIRD AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS 04/15/08 4 Agenda material is available at www.westcovina.org City Council Agenda for April 15, 2008 D) CONSENT CALENDAR (continued) 5) Miscellaneous — City Manager's Office (continued) c) Resolution in Opposition to Proposition 98 — California Property Owners and Farmland Protection Act 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, DECLARING ITS OPPOSITION TO PROPOSITION 98 — CALIFORNIA PROPERTY OWNERS AND FARMLAND PROTECTION ACT Miscellaneous — Planning Department d) Formation of Public Arts Commission Ordinance for Adoption - Stipend Resolution This ordinance was introduced at the City Council meeting of April 1, 2008 in order to establish a Public Arts Commission. This ordinance will become effective on May 15, 2008, thirty days after its adoption. It is recommended that the City Council: 1. Adopt the following ordinance establishing a new Public Arts Commission: ORDINANCE NO. - 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 2. Adopt the following resolution establishing the monthly stipend for Public Arts Commissioners: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING A MONTHLY STIPEND FOR MEMBERS OF THE PUBLIC ARTS COMMISSION Miscellaneous — Police Department e) Ordinance for Adoption — Ordinance Prohibiting the Possession of and Limiting the Number of Individuals Who can Carry Weapons at City Hall and Adiacent City Property This ordinance was introduced at the City Council meeting of April 1, 2008. This ordinance will limit the number of individuals who will be allowed to carry weapons at City Hall. This ordinance will become effective on May 15, 2008, thirty days after its adoption. 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, 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 04/15/08 5 Agenda material is available at wrvw.westcovina.org City Council Agenda for April 15, 2008 D) CONSENT CALENDAR (continued) 5) Miscellaneous — Public Works Department f) Landscape Maintenance District No. 4 Preliminary Approval of the Engineer's Report It is recommended that the City Council take the following actions: 1. 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. 4 COMMENCING IN FISCAL YEAR 2008-2009 TO. FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT 2. Direct staff to proceed with a mailed ballot election for Fiscal Year 2009-2010 to cover the cost of increasing maintenance contracts, utilities, and needed CIP improvements. g) Citywide Lighting and Maintenance District - 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 17, 2008 TO APPROVE CITYWIDE ASSESSMENTS COMMENCING IN FISCAL YEAR 2008-2009 TO FUND THE OPERATION AND MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE DISTRICT h) 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 adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO COLLECT THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL AND SETTING A DATE OF JULY 1, 2008 FOR A PUBLIC HEARING ON METHOD OF COLLECTION 04/15/08 6 Agenda material is available at www.westcovina.org City Council Agenda for April 15, 2008 D) CONSENT CALENDAR (continued) 5) Miscellaneous — Public Works Department (continued) i) Summary Vacation of Storm Drain Easement on Lot 4 of Tract No. 22097 (3330 E. Holt Avenue and 3337 E. Virginia Avenue) 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, SUMMARILY VACATING AND ABANDONING A STORM DRAIN EASEMENT THAT IS NO LONGER REQUIRED FOR PUBLIC USE WITHIN THE CITY OF WEST COVINA AND AS MORE PARTICULARLY DESCRIBED IN THIS RESOLUTION j) Consideration to Add to the Public Facilities and Services Financed by the Coastal Sage and Scrub Community Facilities District ("CSS District") Because the City Council has determined that public convenience and necessity require an amendment to the facilities and services financed by the CSS District, staff recommends that the City Council adopt the following resolution declaring the City Council's consideration of amending the CSS District to allow it to fund additional facilities and services: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS CONSIDERATION TO ADD TO THE PUBLIC FACILITIES AND SERVICES FINANCED BY THE COASTAL SAGE AND SCRUB COMMUNITY FACILITIES DISTRICT ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-5j: Motion by second by to waive further reading of the ordinances/resolutions and adopt and approve all items except: ROLL CALL: Herfert, Hernandez, Sanderson, Touhey, Lane END OF CONSENT CALENDAR 04/15/08 7 Agenda material is available at www.westcovina.org City Council Agenda for April 15, 2008 E) PUBLIC HEARINGS No hearings for this meeting. F) COMMUNITY DEVELOPMENT COMMISSION No meeting scheduled. G) DEPARTMENTAL MATTERS No reports for this meeting. H) MAYOR'S/COUNCILMEMBERS REPORTS No reports for this meeting. 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 Sherri Lane Request from Mayor Sherri Lane Seeking the City Council's Consensus to Consider a Dog Park in West Covina It is recommnended that the City Council direct staff accordingly. Motion by to 2nd by 2) Councilmember Michael Touhey Request from Councilmember Michael Touhey Seeking the City Council's Consensus to Amend the Art in Public Places Fee Structure It is recommended that the City Council direct staff accordingly. Motion by 2°d by to 04/15/08 8 Agenda material is available at www. westeovina org City Council Agenda for April 15, 2008 J) COUNCILMEMBER COMMENTS ADJOURNMENT Motion by 2nd by to adjourn the meeting at Tentative City Council Meetings Tuesday May 6 7:00 p.m. Council Chambers Regular Meeting Tuesday May 20 7:00 p.m. Council Chambers Regular Meeting 04/15/08 9 Agenda Material is available at www.ivestcovilla.org p.m.