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04-21-2009 - Regular0 • REGULAR MEETING OF THE WEST COVINA CITY COUNCIL Tuesday 7:00 pm April X, 2009 Council Chambers -%,/ AGENDA 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 Reverend Alexandra Conrads St. Martha's Episcopal Church PLEDGE OF ALLEGIANCE Councilmember Herfert ROLL CALL Mayor Hernandez, Mayor Pro Tem. Sanderson, Councilmembers Herfert, Lane, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS .. FOR rrwq OF THE COt1N.,�tn NNpp BEM ANNOUNCEMENTS Certificate of Recognition Southland Transit Recognition Sponsor of the 2009 Cherry Blossom Festival Resolution of Commendation Irene Meza, Corporal, West Covina Police Department 571h Assembly District Woman of the Year Proclamation Armenian Remembrance Day, April 24, 2009 Proclamation West Nile Virus Awareness Week April 20 — April 26 * Presentation San Gabriel Valley Conservation Corps — Recycling Program - Daniel Oaxaca, Founder/Executive Director - Norma Martinez, Program Manager - Peter Quezada, Recycling Program Manager 0 0 City Council Agenda for April 21, 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. 04/21 /09 2 Agenda material is available at www.westcovina.org • • City Council Agenda for April 21, 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) • Special Meeting of December 2, 2008 • Regular Meeting of December 2, 2008 • Regular Meeting of December 16, 2008 2) Commission Summary of Actions (receive & file) a) Planning........................................................................ 04/14/09 3) Claims Against the City of West Covina Government Tort Claim Denials (deny & notify claimant) It is recommended that the City Council deny the following Government Tort Claims and the claimants and/or their respective attorneys be so notified. • Genevieve Rankins vs. City of West Covina • Ernestina Herrera vs. City of West Covina 4) Ordinance for Adoption Ordinance Implementing the Digital Infrastructure and Video Competition Act of 2006 Related to Cable Television This ordinance was introduced at the City Council meeting of April 7, 2009 and will amend Article 2 of Chapter 11 of the Municipal Code to implement the Digital Infrastructure and Video Competition Act of 2006. This ordinance will become effective 30 days after adoption on May 21, 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 ITS CABLE TELEVISION FRANCHISE AND LICENSE ORDINANCES TO AMEND ARTICLE 2 OF CHAPTER 11 OF THE WEST COVINA MUNICIPAL CODE TO IMPLEMENT THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 04/21 /09 3 Agenda material is available at www.westeovina.org • • City Council Agenda for April 21, 2009 D) CONSENT CALENDAR (continued) 5) Award of Bid Award of Bid for Street Rehabilitation Work for Residential Streets — (Proiect No. SP-09105) It is recommended that the City Council award the contract to Gentry Brothers, Inc. in the amount of $1,026,000.00 and authorize the Public Works Director/City Engineer and City Clerk to execute the contract for residential street rehabilitation work. 6) Miscellaneous — Fire Department a) Weed Abatement 2009 — Various Citywide Locations It is recommended that the City Council take the following actions: 1. Set May 5, 2009 as the date for the public hearing of any objections or protests to said program. 2. Approve the Weed Abatement Roll for the calendar year 2009, and adopt the following resolution for the 2009 Weed Abatement Program: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ALL RUBBISH AND REFUSE UPON, AND ALL WEEDS GROWING UPON SPECIFIED STREETS AND PRIVATE PROPERTY WITHIN SAID CITY TO BE A PUBLIC NUISANCE AND DECLARING ITS INTENTION TO REMOVE AND ABATE THE SAME UNDER AND IN ACCORDANCE WITH THE PROVISIONS OF TITLE 4, DIVISION 3, PART 2, CHAPTER 13, ARTICLE 2, SECTIONS 39560 THROUGH 39588, OF THE CALIFORNIA GOVERNMENT CODE Miscellaneous - Public Works Department b) 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 introduce the following Ordinance and adopt the following resolution: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE PROCEDURES FOR THE SETTING OF SEWER FEES BY RESOLUTION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO ADOPT A SCHEDULE OF SEWER FEE INCREASES AND COLLECT THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL AND SETTING JULY 7, 2009 FOR A PUBLIC HEARING ON METHOD OF COLLECTION AND FEE INCREASES c) Citywide Lighting and Maintenance District 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 16, 2009 TO APPROVE CITYWIDE ASSESSMENTS COMMENCING IN FISCAL YEAR 2009-2010 TO FUND THE OPERATION AND MAINTENANCE OF STREET LIGHTS AND STREET TREES WITHIN THE DISTRICT 04/21 /09 4 Agenda material is available at www.westcoviiia.org 0 0 City Council Agenda for April 21, 2009 D) CONSENT CALENDAR (continued) 6) Miscellaneous — Public Works Department (continued) d) Authorization to Apply for the California Beverage Container Recycling and Litter Reduction Grant for Fiscal Year 2009-2010 It is recommended that the City Council authorize staff to submit an application to the California Department of Conservation's Division of Recycling for a California Beverage Container and Litter Reduction Grant for the Fiscal Year 2009-2010. e) Biological Monitoring of the Coastal Sage and Scrub Community Facility District It is recommended that the City Council accept the proposal from Vandermost Consulting Service, Inc. for biological monitoring and preparation of annual reports of the Coastal Sage and Scrub Community Facility District and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. Miscellaneous — Finance Department f) California Communities Tax Revenue Anticipation Notes 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, AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2009-2010; THE ISSUANCE AND SALE OF A 2009-2010 TAX AND REVENUE ANTICIPATION NOTE THEREFORE AND PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-6f: 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 04/21 /09 5 Agenda material is available at www.westcovina.org • • City Council Agenda for April 21, 2009 E) PUBLIC HEARINGS No hearings for this meeting. F) COMMUNITY DEVELOPMENT COMMISSION No meeting scheduled. G) DEPARTMENTAL MATTERS CITY CLERK'S OFFICE 1) Initiative Measure to Change the Method by Which City Voters Elect Members to the City Council from an "At -Large" Process to a "By -District" System It is recommended that the City Council: 1. Receive and file the Certificate of Sufficiency on the results of the examination of the initiative petition signatures. 2. Take the appropriate action on one of the following options (Elections Code Section 9215): a) Adopt the ordinance, without alteration, at this meeting in which the certification of the petition is presented, or within 10 days thereafter, b) Submit the ordinance, without alteration, to the voters at the city's next regular election (November 3, 2009), by directing staff to prepare the appropriate resolutions to place the measure on the ballot, c) Request a report on the effect of the proposed initiative, to be brought back no later than 30 days after the City Council receives the Certificate of Sufficiency. Motion by 2nd by to receive and file the Certificate of Sufficiency on the results of the examination of the initiative petitions signatures and Irs H) MAYOR'S/COUNCILMEMBERS REPORTS No reports for this meeting. 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/ 21 /09 6 Agenda material is available at www.westcovina.org 0 City Council Agenda for April 21, 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 Adopt a Resolution to Express That the City Council Has Not Given Direction to Layoff Public Safety Personnel or Re -Negotiate Their Contracts 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 Provide Funding from the General Fund Reserves for the Blue Star Banner Program It is recommended that the City Council direct staff accordingly. Motion by to 2„d by 3) Councilmember Steve Herfert Request from Councilmember Steve Herfert to Discuss Mayor Roger Hernandez' Request to be Ouoted in all City Press Releases It is recommended that the City Council direct staff accordingly. Motion by to COUNCILMEMBER COMMENTS ADJOURNMENT Motion by Tuesday Tuesday 04/21 /09 2nd by 2nd by to adjourn the meeting at Tentative City Council Meetings May 5 7:00 p.m. Council Chambers Regular Meeting May 19 7:00 p.m. Council Chambers Regular Meeting 7 Agenda material is available at www.westcovina.org p.m.