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02-03-2009 - Regular• 0 Tuesday February 3, 2009 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 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 Andrew Pasmant City Manager PLEDGE OF ALLEGIANCE Councilmember Herfert ROLL CALL Mayor Hernandez, Mayor Pro Tern Sanderson, Councilmembers Herfert, Lane, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS C�' AG�pFOA �jNF�' pC0 03jngw�' �p,Gj �'� � CEO NG OF d1 p1I� � . of GI ��FIK pFFI � ANNOUNCEMENTS * Rose Float Foundation Presentation to the City * Check Presentation Cory Lidle Foundation * Walk of Fame Honorees Tom Brunansky Mike Powell * Certificates of Recognition Nogales High School Band * Proclamation Arbor Day — March 7, 2009 • • City Council Agenda for February 3, 2009 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. 2130) 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. 02/03/09 2 Agenda material is available at www.westcovina.org • • City Council Agenda for February 3, 2009 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 minutes for this meeting. 2) Commission Summary of Actions (receive & file) a) . Community Services............................09/09/08 & I2/09/08 b) Planning Commission..........................01/13/09 & 01/27/09 3) Ordinance for Adoption Ordinance Amending Section 22-132 of the Municipal Code Relating to Decreases of State Law Maximum Speeds This ordinance was introduced at the City Council meeting of January 20, 2009. This ordinance will allow the City to enforce the State's maximum speed limit of 25 miles per hour on Montezuma Way from Sandy Hill Drive to Citrus Street, and will become effective 30 days after adoption on March 5, 2009. 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 22-132 OF THE WEST COVINA MUNICIPAL CODE RELATING TO DECREASES OF STATE LAW MAXIMUM SPEEDS 4) City Treasurer's Report (receive & file) Report for the Month of December 2008 5) Miscellaneous — City Manager's Office a) Solicitation of Federal Funding for City Projects It is recommended that the City Council authorize City staff to submit the projects mentioned in the staff report to the federal representatives serving the City of West Covina for possible funding consideration. 02/03/09 3 Agenda material is available at www.westcovina.org • City. Council Agenda for February 3, 2009 D) CONSENT CALENDAR (continued) 5) Miscellaneous — City Manager's Office (continued) b) Resolution Supporting LA. Works' Application for Workforce Investment Act Funding 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 SUPPORT FOR LA WORKS CONTINUED MANAGEMENT AND OPERATION OF WORKFORCE INVESTMENT ACT PROGRAMS IN THE EAST SAN GABRIEL VALLEY Miscellaneous — Finance Department c) Prop A Fund Exchange — West Hollywood It is recommended that the City Council approve the agreement authorizing the sale of Prop A Funds to the City of West Hollywood. d) 2008/09 Fiscal Year Mid -Year Budget Update It is recommended that the City Council receive and file this report. Miscellaneous — Human Resources Department e) Resolution Waiving the PERS 960-Hour Rule for One Fire Protection Specialist 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, WAIVING THE CALPERS 960-HOUR RULE FOR GREG ALLEN Miscellaneous — Police Department f) Asset Forfeiture Funds for West Covina Service Group Protects It is recommended that the City Council appropriate $350,984.20 in federal asset forfeiture from 117.31.4559 to fund supplemental West Covina Service Group project overtime and equipment, and make the following appropriations: • $125,000 into 117.31.3119.5113 for project overtime • $25,984.20 in 117.31.3119.6220 for project supplies • $200,000 in 117.31.3119.7160 for project equipment 02/03/09 4 Agenda material is available at www. westcovina.org • • City Council Agenda for February 3, 2009 D) CONSENT CALENDAR (continued) 5) Miscellaneous - Public Works Department g) Renewal of the Citywide Lighting and Maintenance District and Landscape Maintenance Districts No. 6 and 7 — Ordering of Engineer's Reports It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH PROPOSITION 218 AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN LANDSCAPING AND LIGHTING MAINTENANCE IN THE CITY OF WEST COVINA, CALIFORNIA, FOR THE SUBSEQUENT FISCAL YEAR COMMENCING JULY 1, 2009 - WEST COVINA LIGHTING AND MAINTENANCE DISTRICT (2009-2010) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2009-2010 — WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 (2009-2010) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2009-2010 — WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 (2009-2010) h) Authorization to Submit California Integrated Waste Management Board Grant Applications It is recommended that the City Council: 1. Authorize the submittal of all California Integrated Waste Management Board (CIWMB) grant applications for Fiscal Years 2008/2009 through 2013/2014, and 2. Adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING SUBMITTAL OF APPLICATIONS TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (CIWMB) FOR ALL AVAILABLE CIWMB GRANTS UNDER THE CALIFORNIA PUBLIC RESOURCES CODE SECTIONS 40000 ET SEQ. IN FURTHERANCE OF THE STATE'S EFFORTS TO REDUCE, RECYCLE, AND REUSE SOLID WASTE TO PRESERVE LANDFILL CAPACITY AND PROTECT PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT COMMENCING WITH THE FISCAL YEAR 2008/2009 TO AND INCLUDING THE FISCAL YEAR 2013/2014 02/03/09 5 Agenda material is available at www.westcovina.org City Council Agenda for February 3, 2009 ACTION ON CONSENT CALENDAR ITEMS NUMBER D-I THROUGH D-5h: Motion by second by to waive further reading of the resolutions/ordinances and adopt, and approve all items except: ROLL CALL: Herfert, Lane, Sanderson, Touhey, Hernandez END OF CONSENT CALENDAR E) PUBLIC HEARINGS No hearings. 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 No reports for this meeting. H) MAYOR'S/COUNCILMEMBERS REPORTS No reports for this meeting. AB 1234 Conference and Meeting Report (verbal reports) (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.) 02/03/09 6 Agenda material is available at www.westcovina.org City Council Agenda for February 3, 2009 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 Consider Airing City Council Meetings Using Anticipated Donations from the Communitv It is recommended that the City Council direct staff accordingly. Motion by to 2nd by 2) Mayor Roger Hernandez Request from Mayor Roger Hernandez Requesting the City Council Consider Goal Setting Sessions to Identify a Long Term Strategic Plan, which Includes Future Developments, Re -Examining the City's General Plan. and Downtown Plan It is recommended that the City Council direct staff accordingly. Motion by 2" d by to J) COUNCILMEMBER COMMENTS ADJOURNMENT Motion by Tuesday Tuesday 02/03/09 2nd by to adjourn the meeting at Tentative City Council Meetings February 17 7:00 p.m. Council Chambers Regular Meeting March 3 7:00 p.m. Council Chambers Regular Meeting 7 Agenda material is available at www.westcovina.org p.m.