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04-07-2009 - RegularTuesday April 7, 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 Mayor Pro Tem Sanderson ROLL CALL Mayor Hernandez, Mayor Pro Tem Sanderson, Councilmembers Herfert, Lane, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS * Presentation 2009 Tournament of Roses Float Rendering * Certificate of Recognition Patrick Jacobo, Donation to Big League Dreams * California Park & Recreation Society Award City of West Covina's Big League Dreams * Proclamation Earth Day, April 18, 2009 * Proclamation Clean Up Saturdays, April 18 — May 16 CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR ANNOUNCEMENTS THE MEETING OF ' 1 % P ?WAS POSTED IN ACCORDAN E THE 01187 BROWN ACT AMENDMENT DATED: `� L �� OFFICE F THE CITY CLE City Council Agenda for Alril 7, 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. 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. 04/07/09 2 Agenda material is available at www.westcovina.org City g Council Agenda for fril 7 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 reports submitted, 2) Commission Summary of Actions (receive & file) a) Community Services...................................................... 02/10/09 b) Planning ......................... ............................ 03/10/09 & 03/24/09 c) Senior Citizens Commission .......................................... 01/22/09 3) Ordinance for Adoption Code Amendment No. 09-01 Christmas Tree Sales Code Update This ordinance was introduced at the City Council meeting of March 17, 2009 and will amend Chapter 26 (Zoning) of the Municipal Code to allow Christmas tree vendors to begin sales on the Friday after the Thanksgiving Day Holiday. The ordinance will become effective 30 days after adoption. ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO CHRISTMAS TREE SALES (CODE AMENDMENT NO. 09-01) 4) Traffic Committee Minutes of March 17, 2009— (accept & file) 1. Adrian Melendez, West Covina resident That a "Keep Clear" pavement message be installed on the north side of Cameron Avenue at the public alley east of Glendora Avenue Traffic Committee Recommendation: That a "Keep Clear" pavement message and 12-inch wide solid white stripes be installed on the north side of Cameron Avenue at the public alley 200-feet east of Glendora Avenue. 5) City Treasurer's Report (receive & file) Report for the Month of February 2009 04/07/09 3 Agenda material is available at www. westcovina.org City Council Agenda for 1pril 7, 2009 D) CONSENT CALENDAR (continued) 6) Miscellaneous - Fire Department a) U.S. Department of Homeland Security, Federal Emergency Management Agency Assistance to Firefighters Grant It is recommended that the City Council take the following actions. 1. Accept the U.S. Department of Homeland Security, Federal Emergency Management Agency Assistance to Firefighters Grant and. appropriate the award as follows: a. Appropriate $36,860 to Account No. 214.32.3210.6270 (Professional Services) b. Appropriate $36,860 to Account No. 214.32.3210.7160 (Equipment) 2. Appropriate 20% matching funds in the amount of $18,430 from the General Fund Reserve to Account No. 110.32.3210.XXXX. Miscellaneous - Police Department b) 2009 BJA Justice Assistance Grant It is recommended that the City Council: 1. Authorize City and Police staff to complete the process of obtaining the 2009 BJA Justice Assistance Grant, including executing any required agreements with the City of Los Angeles, the U.S. Department of Justice, etc. 2. Approve the 2009 Justice .Assistance Grant, and authorize the appropriation of an estimated $184,000 as follows: a $40,000 into 208.31.3113.5113 (for overtime enforcement at commercial areas) • $59,000 into 208.31.3113.6220 (for police supply items) • $49,500 into 208.31.3113.7160 (for police equipment items) • $35,500 into 208.31.3113.7170 (for police vehicles) Miscellaneous - Public Works Department c) Approval of Sewer System Management Plan It is recommended that the City Council authorize the Public Works Director/City Engineer and City Clerk • to approve and certify the Sewer System Management Plan. d) Landscape Maintenance District No. 6 — Preliminary Approval of 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 2, 2009 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENCING IN FISCAL YEAR 2009-2010 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITH THE BOUNDARIES OF THE DISTRICT 04/07/09 4 Agenda material is available at www. westcovina.org City Council Agenda for April 7, 2009 D) CONSENT CALENDAR (continued) 6) Miscellaneous — Public Works Department (continued) e) 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 2, 2009 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN FISCAL YEAR 2009-2010 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT f) Los Angeles County Household Hazardous Waste and Electronic Waste Round -Up in West Covina — May 16, 2009 It is recommended that the City Council authorize staff to host the Los Angeles County Household Hazardous and Electronic Waste Round -Up on May 16, 2009, here in West Covina. g) Azusa Light and Water Request to Excavate and Pave on Orange Avenue Currently Under Moratorium It is recommended that the City Council approve Azusa Light and Water's request for an exemption to the City's Street Cut Moratorium on Newly Improved Streets and to be permitted to excavate and pave on Orange Avenue between Puente Avenue and Grovecenter Street. h) Landscape Maintenance Agreement with Azteca Landscaping for Coastal Sage and Scrub Community Facility District It is recommended that the City Council amend the current annual maintenance agreement with Azteca Landscaping to fund the ongoing maintenance costs for the Coastal Sage and Scrub Community Facility District at an annual cost of $36,000. Miscellaneous — Community Development Commission i) Neighborhood Stabilization Program It is recommended that the City Council authorize staff to pursue federal grant funding for the Neighborhood Stabilization Program. Miscellaneous — City Manager's Office j) Resolution Supporting the United States Department of Defense's Employer Support of the Guard and Reserve (ESGR) 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 THE NATIONAL GUARD AND RESERVE 04/07/09 5 Agenda material is available at www.westcovina.org i n r • City Council Agenda for �n17, 2009 D) CONSENT CALENDAR (continued) 6) Miscellaneous — City Manager's Office (continued) k) Ordinance Implementing the Digital Infrastructure and Video Competition Act of 2006 Related to Cable Television City staff recommends that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING ITS CABLE TELEVISION FRANCHISE AND LICENSE ORDINANCES TO AMENDING ARTICLE 2 OF CHAPTER 11 OF THE WEST COVINA MUNICIPAL CODE TO IMPLEMENT THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 7) Councilmember Reports Councilmember Michael Touhey Resolution to Expand the Voluntary Graffiti Abatement Coverage Area to Include the San Bernardino Freewav Between Grand and the 605 Freewav It is recommended that the City Council approve a City Council requested resolution in support of Mr. Glenn Kennedy's proposal to expand the voluntary graffiti abatement coverage area to include the San Bernardino Freeway between Grand Avenue and the 605 Freeway. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, IN SUPPORT OF EXTENDING THE VOLUNTARY GRAFFITI ABATEMENT COVERAGE AREA TO INCLUDE THE SAN BERNARDINO FREEWAY BETWEEN GRAND AND THE 605 FREEWAY ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-7: Motion by second by to waive further reading of the resolutions/ordinances and adopt/introduce, and approve all items except: ROLL CALL: Herfert, Lane, Sanderson, Touhey, Hernandez END OF CONSENT CALENDAR 04/07/09 6 Agenda material is available at www. westcovina. org City Council Agenda for A*pri17, 2009 E) PUBLIC HEARINGS 1) Public Hearing Establishing Community Facilities District No. 2009-1, Pursuant to the Mello -Roos Community Facilities Act of 1982 and Authorizing an Election This is a hearing on the formation of Community Facilities District No. 2009-1 to provide funding for the ongoing maintenance and operations of the roadways, curbs and gutters, sidewalk, multi -purpose trails, storm drains, and other infrastructure within the District. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: It is recommended that the City Council adopt the following resolutions formally establishing Community Facilities District No. 2009-1 and setting date for an election. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2009-1 Motion by 2nd by to waive further reading of the resolution and adopt disapprove hold over RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING A DATE FOR AN ELECTION ON THE COMMUNITY FACILITIES DISTRICT NO. 2009-1 SPECIAL TAX LEVY FOR JULY 7, 2009 Motion by 2nd by to waive further reading of the resolution and adopt disapprove hold over It is further recommended that the City Council introduce the following ordinance levying and apportioning the special tax in the district: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, LEVYING AND APPORTIONING SPECIAL TAXES IN COMMUNITY FACILITIES DISTRICT NO. 2009-1 IN ACCORDANCE WITH RESOLUTION NO. 2009- AND 2009- Motion by 2°d by to waive further reading of the ordinance, read by title only and introduce disapprove hold over _ Roll Call: Herfert, Lane, Sanderson, Touhey, Hernandez 04/07/09 7 Agenda material is available at www.westcovina.org City Council Agenda for Apn17, 2009 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 City Commission Rules & Procedures It is recommended that the City Council instruct City staff to do the following: 1. Develop a City Commissioner Rules of Decorum; and 2. Prepare an amendment to the West Covina Municipal Code to address the procedures and consequences for inappropriate behavior, up to and including, removal of a City Commissioner; and Prepare an amendment to the West Covina Municipal Code Section 2-69(c) to change the number of absences that a Commissioner is allowed to miss before being automatically vacated from their position. Motion by 2nd by approve disapprove hold over H) MAYOR'S/COUNCILMEMBERS REPORTS 1) Councihnember Michael Touhey Request from Councilmember Michael Touhey Requesting the City Council Review the City's Public, Education, & Government (PEG) Fee Account City staff recommends the following: 1. Suspend the collection of the Public, Educational, & Government (PEG) fee collected by Charter Communications and Verizon effective July 1, 2009; and 2. Establish an account to accept donations from businesses and residents to fund the future operation of the City's Cable Channel. Motion by 2nd 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.) If applicable, Councilmembers may make a verbal report at this time. 04/07/09 8 Agenda material is available at www.westcovina.org m City Council Agenda for tril 7, 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 Instruct Staff to Work with Athens Services to Repeal the Special Fuel Rate Increase Aonroved in 2008 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 Asking Big League Dreams to Share in their Profits Beyond the Companv's Expectations as Outlined in the Operating Agreement It is recommended that the City Council direct staff accordingly. Motion by to 2nd by 3) Councilmember Michael Touhey Request from Councilmember Michael Touhey Requesting the City Council to Instruct City Staff to Conduct an Audit of Charter Communications' Franchise and PEG Fees It is recommended that the City Council direct staff accordingly. Motion by to COUNCILMEMBER COMMENTS ADJOURNMENT 2nd by Motion by 2nd by to adjourn the meeting at Tentative City Council Meetings Tuesday April 21 7:00 p.m. Council Chambers Regular Meeting Tuesday May 5 7:00 p.m. Council Chambers Regular Meeting 04/07/09 9 Agenda material is available at www westcovina.org p.m.