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05-05-2009 - RegularTuesday May 5, 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 Dr. Glen Thorp, Pastor Community Presbyterian Church PLEDGE OF ALLEGIANCE Councilmember Lane ROLL CALL Mayor Hernandez, Mayor Pro Tern Sanderson, Councilmembers Herfert, Lane, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS * Certificates of Recognition Alonso Silva Alonso Silva, Jr. * Proclamation i CERTIFY THAT A C60PYsi TMWAS PNCIL OSO IN�AE� MEETING OF TN p1 ' BROWN ACT AMENDMENT ACC RITCEo C AA OFFI E 0 HE CITY CLERK Water Safety Month — May 2009 * Proclamation National Public Works Week May 17 — 23, 2009 * Proclamation Public Service Recognition Week May 4 —10, 2009 * Proclamation Emergency Medical Services Week May 17 23, 2009 City Council Agenda for May 5, 2009 ANNOUNCEMENTS * Proclamation 2010 Census Partner * Presentation National Census Bureau 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 percussion of the presiding officer. No question shall be asked of a councihnember 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. Agenda material is available at www.westcovina.org City Council Agenda for May 5, 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 January 6, 2009 • Regular Meeting of January 6, 2009 2) Commission Summary of Actions (receive & file) a) Human Resources ................................................... 02/11/09 b) Planning Commission ............................................. 04/28/09 3) Traffic Committee Minutes of April 21, 2009 — (accept & file) L Request: West Covina Residents That No Parking on Street Sweeping days be implemented on the second and fourth Mondays of each month from 7:00 a.m. to 3:30 p.m. on the following street segments: Evanwood Avenue Vine Avenue Cameron Avenue Herald Street Evanwood Avenue California Avenue Robindale Street Glenshaw Street California Avenue Greenberry Drive Crumley Street Herald Street Glenshaw Drive Robindale Street Vine Avenue Leewood Street Glenshaw Drive End of Street Crumley Street Evanwood Avenue Greenberry Drive Barbara Avenue Evanwood Avenue End of Street Traffic Committee Recommendations: That No Parking on Street Sweeping Days be implemented on the second and fourth Mondays of each month from 7:00 a.m. to 3:30 p.m. on all street segments as requested except Herald Street. That No Parking on Street Sweeping Days be implemented on the second and fourth Mondays of each month from 8:00 a.m. to 12:00 p.m. on Herald Street from Evanwood Avenue to California. Item D-3 continues on the next page 05/05/09 3 Agenda material is available at www. westcovina.org City Council Agenda for May 5, 2009 D) CONSENT CALENDAR (continued) 3) Traffic Committee Minutes of April 21, 2009 — (accept & file) [continued] II. Request. West Covina Residents That No Parking on Street Sweeping Days be implemented on the first and third Mondays of each month from 7:00 A.M. to 3:30 P.M. on the following street segments. zP', Ys Y Y F 4Fe'+.Yg�- Sim'" '" 4 i2 From9�To�. Lufkin Street Tamar Drive End of Street Meeker Avenue Lufkin Street Alwood Street Tamar Drive Alwood Street Lufkin Street Rama Drive Alwood Street Francis uito Avenue Corak Street Rama Drive End of Street Doublegrove Street Rama Drive End of Street Traffic Committee Recommendations: That No Parking on Street Sweeping Days be implemented on the first and third Mondays of each month from 7:00 A.M. TO 3:30 P.M. on the street segments as requested. That staff re -survey the residents of Rama Drive from Alwood Street to Francisquito Avenue in regards to the parking prohibition on Street Sweeping Days. That a "KEEP CLEAR" pavement message and 12-inch wide solid white stripes be installed on Rama Drive at Lufkin Street. III. Request. Gordon Pfitzer, Merced Elementary School Principal That a Passenger Loading Zone for School Days be established at Merced Elementary School on the north side of Merced Avenue between the easterly and westerly entrances to the school's parking lot. Traffic Committee Recommendation: That a Passenger Loading Zone for School Days be established at Merced Elementary School on the north side of Merced Avenue between the easterly and westerly entrances to the school's parking lot. 4) City Treasurer's Report (receive & file) Report for the Month of March 2009 5) Miscellaneous — Community Development Commission a) Auto Plaza Business Improvement District 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, TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2009-2010 AND PROVIDE NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 2, 2009 05/05/09 4 Agenda material is available at www.westcovina.org City Council Agenda for May 5, 2009 D) E) CONSENT CALENDAR (continued) 5) Miscellaneous - Police Department b) Private Grant (Kaiser Permanente) for G.R.E.A.T. Program It is recommended that the City Council accept the new Kaiser Permanente grant and appropriate this $7,000 grant as follows: 0 $5,000 into 221.31.3113.5113 0 $1,450 into 221.31.3113.6220 0 $550 into 221.31.3113.6270 ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-5b: Motion by second by to waive further reading of the resolutions, read by title only and adopt and approve all items except: ROLL CALL: Herfert, Lane, Sanderson, Touhey, Hernandez END OF CONSENT CALENDAR PUBLIC HEARINGS 1) Public Hearing FY 2009/2010 Community Development Block Grant (CDBG) Action Plan The purpose of this public hearing is to receive public comment on the Proposed Action Plan in order to prepare the annual Action Plan as required by the U.S. Department of Housing and Urban Development (HUD). a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing fj Council discussion g) Recommendation: It is recommended that th proposed FY 2009-2010 CDBG Action Plan, report. Motion by approve 2nd by City Council approve the Attachment #1 of the staff disapprove hold over 05/05/09 5 Agenda material is available at www.westcovitia.org City Council Agenda for May 5, 2009 E) PUBLIC HEARINGS 2) Protest Hearing Weed Abatement 2009 - Various Citywide Locations a) Affidavit of Mailing b) Open Hearing c) Staff Presentation d) Written Protests or Objections e) Public Testimony f) Close Hearing g) Council Discussion h) Recommendation: It is recommended that the .City Council take the following actions: a. Receive and file Affidavit of Mailing. b. Order the abatement of weeds and rubbish on those properties described in Resolution No. 2009-19. Motion by 2nd by to approve disapprove hold over 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 1) CITY MANAGER'S OFFICE Report on 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 receive and file this report or direct staff accordingly. Motion by to 2nd by 05/05/09 6 Agenda material is available at www.westcovina.org City Council Agenda for May 5, 2009 G) DEPARTMENTAL MATTERS (continued) PUBLIC WORKS DEPARTMENT 2) 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 Motion by 2nd by to waive further reading of the ordinance, read by title only and introduce disapprove hold over Roll Call: Herfert, Lane, Sanderson, Touhey, Hernandez 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 21, 2009 FOR A PUBLIC HEARING ON METHOD OF COLLECTION AND FEE INCREASES Motion by 2nd by to waive further reading of the resolution, read by title only and adopt disapprove hold over H) MAYOR'S/COUNCILMEMBERS REPORTS 1) Mayor Roger Hernandez Request from Mayor Roger Hernandez to Fund Blue Star Street Banner Program It is recommended that the City Council receive and file this informational report. Motion by 2nd by to receive and file. 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. 05/05/09 7 Agenda material is available at www.westcovina.org City Council Agenda for May 5, 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.) No reports for this meeting. COUNCILMEMBER COMMENTS ADJOURNMENT Motion by Tuesday Tuesday 05/05/09 2nd by to adjourn the meeting at Tentative City Council Meetings May 19 7:00 p.m. Council Chambers Regular Meeting June 2 7:00 p.m. Council Chambers Regular Meeting 8 Agenda material is available at www.westcovina.org p.m.