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06-02-2009 - RegularTuesday June 2, 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 wivw.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 Touhey ROLL CALL Mayor Hernandez, Mayor Pro Tem Sanderson, Councilmembers Herfert, Lane, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS * Certificate of Recognition John Hughes * Certificates of Recognition Youth Council Proclamation Filipino Heritage Week — June 8-14, 2009 ANNOUNCEMENTS I COMN TMAT A COp1( OFVE COUNCIL AGENDA FOR MEETING OF (0 la 10 WAS POSTED IW ACC CE W�TN THE 01187 BROWN ACT AMENDMENT OF E THE C1TY CLERK City Council Agenda for June 2, 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. 06/02/09 2 Agenda material is available at www. westcovina.org City Council Agenda for June 2, 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 All matters listed under the Consent Calendar are considered to be routing and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council request specific items to be removed for the Consent Calendar for separate action. 1) City Council Meeting Minutes (receive & file) • Regular Meeting of January 20, 2009 • Special Meeting of February 3, 2009 • Regular Meeting of February 3, 2009 • Special Meeting of February 10, 2009 • Regular Meeting of February 17, 2009 2) Commission Summary of Actions (receive & file) No reports for this meeting. 3) Claims Against the City of West Covina Government Tort Claim Denials (deny & notify claimant) It is recommended that the following Government Tort Claims be denied and the claimants and/or their respective attorneys be so notified. • 21" Century/Tavarez vs. City of West Covina • Arthur Ramirez vs. City of West Covina • Marilyn Kaye McClinton vs. City of West Covina 4) Ordinance for Adoption Ordinance Amending Procedures for the Setting of Sewer Fees by Resolution This ordinance was introduced at the May 5, 2009 Council meeting. The ordinance will amend the procedures of prescribing, revising and collecting sewer fees by resolution of the City Council. The ordinance will become effective 30 days after adoption on July 2, 2009. ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE PROCEDURES FOR THE SETTING OF SEWER FEES BY RESOLUTION 06/02/09 3 Agenda material is available at www.westcovina.org i City Council Agenda, for June 2, 2009 D) CONSENT CALENDAR (continued) 5) Award of Purchase Purchase of Crawler Camera for Sewer Inspection It is recommended that the City Council take the following actions: 1. Establish Capital Improvement Program Project No. SP-09112 (189.81.8949.7160) for the purchase of a sewer inspection crawler camera. 2. Transfer $30,000 from 189.81.8846.7200 (Sewer Fund) and $27,430.82 from 189.81.8929.7200 (Sewer Fund) to 189.81.8949.7160. 3. V(aive the formal contract procedures and "piggyback" on the formal bid of the City of Bullhead City's bid 1FB-08-001 to purchase a sewer inspection crawler camera from Advanced Infrastructure of Gardena, CA, for a total cost of $57,430.82. 6) Traffic Committee Minutes of May 19, 2009 — (accept & file) I. Enrique Gonzales, West Covina resident That traffic conditions be reviewed at the intersection of South Hills Drive and Cameo Vista Drive. Traffic Committee Recommendations That Stop signs and appropriate pavement markings be placed on the north and southbound approaches of South Hills Drive at Cameo Vista Drive and the eastbound approach of Cameo Vista Drive at South Hills Drive. That Stop signs be installed on northbound South Hills Drive at Casa Grande Drive, eastbound Casa Linda Drive at South Hills Drive, and eastbound Queen Summit Drive at South Hills Drive. 7) City Treasurer's Report (receive & file) Report for the Month of April 2009 8) Miscellaneous - City Attorney's Office a) City Ticket Distribution Policy for City Officials 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, ADOPTING A TICKET DISTRIBUTION POLICY Miscellaneous City Clerk's Office b) Procedure Resolution Regarding Reading Titles and Waiving the Further Reading of Ordinances and Resolutions on the Agenda 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, ESTABLISHING PROCEDURES REGARDING READING TITLES AND WAIVING FURTHER READING OF ORDINANCES AND RESOLUTIONS ON THE AGENDA 06/02/09 4 Agenda material is available at www. westcovina.org City Council Agenda for June 2, 2009 D) CONSENT CALENDAR (continued) 8) Miscellaneous — City Clerk's Office c) 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 d) Resolution Supporting the City of Diamond Bar and City of Industry's Efforts to Seek Funding to Improve the 57/60 Interchange 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, SUPPORTING THE STATE ROUTE 57/STATE ROUTE 60 MIXED FLOW INTERCHANGE IMPROVEMENTS AS IDENTIFIED IN THE LOS ANGELES COUNTY METRO 2008 LONG RANGE TRANSPORTATION PLAN AND IN THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS 2008 REGIONAL TRANSPORTATION PLAN e) City Commissioner Rules of Conduct and Decorum It is recommended that the City Council instruct City Staff to: 1. Adopt the City of West Covina Commissioner Rules of Conduct & Decorum; and 2. Introduce the following Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 2-67(g) OF THE WEST COVINA MUNICIPAL CODE CLARIFYING THE PROCEDURES TO REMOVE A CITY COMMISSIONER f) Letter in Opposition to AB 155 - Municipal Bankruptcy It is recommended that the City Council instruct City staff to forward a letter in opposition to AB 155 — Municipal Bankruptcy to the State elected officials representing West Covina, League of California Cities, and Contract Cities. g) Resolution Finding a Severe Financial Hardship if the State of California Takes Additional Property Tax Funds from the City of West Covina 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, FINDING A SEVERE FISCAL HARDSHIP WILL EXIST IF ADDITIONAL CITY PROPERTY TAX FUNDS ARE SEIZED AND ADDITIONAL UNFUNDED MANDATES ARE ADOPTED BY THE STATE OF CALIFORNIA 06/02/09 5 Agenda material is available at www.westcovina.org City Council Agenda for June 2, 2009 D) CONSENT CALENDAR (continued) 8) Miscellaneous - Community Services Department h) Extension of the California Street Hockey Association Contract through 2024 It is recommended that the City Council approve an eight -year extension of the California Street Hockey Association contract from June 30, 2016 through June 30, 2024. Miscellaneous - Fire Department i) Authorization for Fireworks Display It is recommended that the City Council authorize the following fireworks displays: 1. Fireworks display at the West Covina High School graduation ceremony to be held on June 11, 2009. 2. Fireworks display for the City of West Covina Independence Day Celebration to be held on July 4, 2009, at Edgewood Middle School. Miscellaneous - Public Works Department j) Request for Reallocation of Property Taxes Los Angeles County Sanitation District No. 22 (Annexation No. 383) Location: Holt Avenue between Grand Avenue and South Garvey Avenue (10 Single -Family Residences) 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, ADOPTING THE JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 22 OF THE COUNTY OF LOS ANGELES, AND THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM AN ANNEXATION TO COUNTY SANITATION DISTRICT NO. 22, BEING ANNEXATION NO. 383 k) Coastal Sage and Scrub (CSS) Community Facilities District Special Tax Rate Adjustment 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 ADJUST THE COASTAL SAGE AND SCRUB COMMUNITY FACILITIES DISTRICT SPECIAL TAX RATE Miscellaneous — Risk Management 1) Workers' Compensation Medicare Set Aside Services It is recommended that the City Council approve the proposal of CorVel Enterprise Comp, Inc., to provide Medicare Agent Services related to the City of West Covina's self -insured workers' compensation program. 06/02/09 6 Agenda material is available at www.westcovina.org City Council Agenda for June 2, 2009 D) CONSENT CALENDAR (continued) 9) AB1234 Conference and Meeting Report (receive & file) (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.) AB 1234 — International Council of Shopping Centers (ICSC) Meeting and Conference Report It is recommended that the City Council receive and file the report. ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-9: Motion by second by to introduce/adopt ordinances/resolutions as recommended and approve all items except: ROLL CALL: Herfert, Lane, Sanderson, Touhey, Hernandez END OF CONSENT CALENDAR 06/02/09 7 Agenda material is available at www. westcovina. org City Council Agenda for June 2, 2009 E) PUBLIC HEARINGS 1) Public Hearing Amendments to the FY 2008-2009 Community Development Block Grant (CDBG) Action Plan 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 the City Council approve the proposed amendments, which incorporate CDBG-R Funds into the FY2008- 2009 CDBG Action Plan. Motion by 2"d by to approve disapprove hold over 2) Public Hearing West Covina Auto Plaza Business Improvement District 2009-2010 Annual Report and Assessment On May 5, 2009, the City Council adopted Resolution of Intention No. 2009-22 to levy assessments for the Auto Plaza Business Improvement District. The purpose of this hearing is to consider the proposed budget for the Business Improvement District. a) Verification of mailing 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 resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ANNUAL REPORT FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2009-2010 Motion by adopt disapprove 2"d by hold over to 06/02/09 8 Agenda material is available at www. westcovina.org City Council Agenda for June 2, 2009 E) PUBLIC HEARINGS (continued) 3) West Covina Landscape Maintenance District No. 6 4) West Covina Landscape Maintenance District No. 7 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: 3) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT; AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2009 4) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT; AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2009 Motion by 2nd by to adopt disapprove hold over 5) Public Hearing Fee and Charges Schedule 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 resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING AND INCREASING CERTAIN FEES Motion by 2nd by to adopt disapprove hold over 06/02/09 9 Agenda material is available at www.westcovina.org City Council Agenda for June 2, 2009 E) F) G) PUBLIC HEARINGS (continued) 6) Public Hearing Federal Transit Administration Section 5310 (Elderly & Disabled Specialized Transit) Grant Program The purpose of this hearing is to meet the requirements to apply for a grant from the Federal Transit Administration (FTA) Section 5310 to provide funding for transportation equipment to serve the elderly and disabled where existing transportation is unavailable, insufficient, or inappropriate. 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 Resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING TO THE GOVERNOR THAT NON NON-PROFIT CORPORATIONS OR ASSOCIATIONS ARE READILY AVAILABLE IN THE SERVICE AREA TO PROVIDE THE PROPOSED DIAL -A -RIDE SERVICE TO ELIGIBLE WEST COVINA RESIDENTS Motion by adopt disapprove 2nd by hold over COMMUNITY DEVELOPMENT COMMISSION Recess the City Council meeting at p.m. to convene the CDC. Reconvene the City Council meeting at p.m. DEPARTMENTAL MATTERS CITY MANAGER'S OFFICE to 1) 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 06/02/09 10 Agenda material is available at www.westcovina.org City Council Agenda for June 2, 2009 G) DEPARTMENTAL MATTERS (continued) POLICE DEPARTMENT 2) Tow Contract It is recommended that the City Council provide direction regarding the selection of tow service providers for both Area One and Area Two within the City. There is no vendor offering substantial quality advantages. Motion by to FINANCE DEPARTMENT 2nd by 3) 2009-10 Fiscal Year Preliminary Budget Preview It is recommended that the City Council: 1. Review and discuss the 2009-10 Preliminary Budget, and take action as appropriate: 2. Adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE CITY OF WEST COVINA OPERATING BUDGET, COMMUNITY DEVELOPMENT COMMISSION BUDGET, CAPITAL IMPROVEMENT PROGRAM AND LOCAL ENFORCEMENT AGENCY BUDGET AND APPROVING THE APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2009 AND ENDING JUNE 30, 2010 Motion by 2nd by to 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. 06/02/09 11 Agenda material is available at www.westcovina.org City Council Agenda for June 2, 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 City Staff to Prepare a Report for the City Council to Consider a Mandatory Spay and Neuter Prosram for Doss It is recommended that the City Council direct staff accordingly. Motion by to ADJOURNMENT Motion by 2nd by 2nd by to adjourn the meeting at Tentative City Council Meetings Tuesday June 16 7:00 p.m. Council Chambers Regular Meeting Tuesday July 7 7:00 p.m. Council Chambers Regular Meeting 06/02/09 12 Agenda material is available at www.westcovina.org p.m.