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04-06-2010 - RegularTuesday April 6, 2010 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 PLEDGE OF ALLEGIANCE ROLL CALL Reverend Alexandra Conrads St. Martha's Episcopal Church Councilmember Lane Mayor Sanderson, Mayor Pro Tern Herfert Councilmembers Hernandez, Lane, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS * Presentation $5000 Donation from Cory Lidle Foundation ANNOUNCEMENTS * Proclamation Arbor Day * Proclamation Earth Day * Proclamation Clean -Up Saturdays * Slide Presentation Upper San Gabriel Valley Water District Reclaimed Water I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF W 4 / /dWAS POSTED IN ACCORDANCE WITH THE 01187 BROWN ACT AMENDMENT DATED. /1 y1;7/0 OFFICE OF THE CITY CLERK City Council Agenda for A* 6, 2010 • 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. 04/06/ 10 2 Agenda material is available at www.westcovina.org City Council Agenda for Af l 6, 2010 • 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. Per Resolution No. 2009-25 adopted June 2, 2009, when the titles of ordinances and resolutions appear on the City Council agenda, they shall be deemed to have been read by title and further reading is waived. 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 routine 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 from the Consent Calendar for separate action. 1) City Council Meeting Minutes (receive & file) • Special Meeting of February 2, 2010 • Regular Meeting of February 2, 2010 2) Commission Summary of Actions (accept & file) a) Senior Citizens............................................................................ 12/17/09 b) Community Services............................................11/10/09 & 01/12/10 3) Ordinance for Adoption Code Amendment No. 09-05 — Water Efficient Landscaping This ordinance was introduced at the City Council meeting of March 16, 2010. The ordinance is necessary in order to comply with the State mandate that cities adopt a Water Efficient Landscape ordinance. The ordinance will include increased standards and water efficiency goals and will become effective 30 days after adoption on May 6, 2010. 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 CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO WATER EFFICIENT LANDSCAPING (CODE AMENDMENT NO. 09-05) 4) City Treasurer's Report (receive & file) Report for the Month of February 2010 04/06/ 10 3 Agenda material is available at www.westcovina.org City Council Agenda for Af l 6,'2010 • D) CONSENT CALENDAR (continued) 5) Miscellaneous — Finance Department a) Proposed Lease Agreement with Clear Wireless LLC It is recommended that the City Council authorize the City Manager to execute the proposed Lease Agreement with Clear Wireless LLC Communications to lease space on the City -owned BKK Radio Antenna Tower and to locate wireless ground equipment in the south end of the existing and vacant equipment building. Miscellaneous - Public Works Department b) Los Angeles County Household Hazardous Waste and Electronic Waste Round -Up in West Covina — May 15, 2010 It is recommended that the City Council authorize staff to host the Los Angeles County Household Hazardous and Electronic Waste Round -Up at the City's Maintenance Yard on May 15, 2010. c) San Gabriel Valley Energy Wise Partnership 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 THE CITY' S SUPPORT FOR AN ENERGY PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA EDISON AND THE CITY OF WEST COVINA d) Property Acquisition for Amar. Road and Azusa Avenue Intersection Improvements (Proiect No. SP-07101 and Federal Project STPL-5259-014) It is recommended that the City Council authorize the Public Works Director/City Engineer to execute the agreements with the property owners for the acquisition of private property and authorize payment for the property acquisitions. ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-5d: Motion by second by to approve all items on the Consent Calendar as recommended except: ROLL CALL: Herfert, Hernandez, Lane, Touhey, Sanderson END OF CONSENT CALENDAR 04/06/ 10 4 Agenda material is available at www.westcovina.org City Council Agenda for Af l 6, 2010 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. H) MAYOR'S/COUNCILMEMBERS REPORTS 1) Appointment of City Commissioners It is recommended that the City Council adopt the appropriate resolutions appointing individuals to various City Commissions as follows: A. Planning Commission — Five commissioners: three persons to three-year terms and two persons for one-year terms. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING INDIVIDUALS TO THE WEST COVINA PLANNING COMMISSION Motion by 2nd by approve disapprove hold over B. Community Services Commission — Ten commissioners: five persons to three-year terms and five persons to one-year terms. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING INDIVIDUALS TO THE WEST COVINA COMMUNITY SERVICES COMMISSION Motion by 2nd by approve disapprove hold over C. Senior Citizens Commission — Five commissioners: three persons to three- year terms and two persons to one-year terms. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING INDIVIDUALS TO THE WEST COVINA SENIOR CITIZENS COMMISSION Motion by approve 2nd by disapprove hold over (Item H-1 continues on the next page) 04/06/10 5 Agenda material is available, at www.westcovina.org City Council Agenda for A0i16, 2010 H) MAYOR'S/COUNCILMEMBERS REPORTS (continued) 1) Appointment of City Commissioners (continued) D. Public Arts Commission - Five commissioners: three persons to three-year terms and two persons to one-year terms. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING INDIVIDUALS TO THE WEST COVINA PUBLIC ARTS COMMISSION Motion by 2nd by approve disapprove hold over 2) Mayor Pro Tem Steve Herfert Mayor Pro Tem Steve Herfert's Report on Elimination of Senior Citizens Discount Offered by Charter Communications It is recommended that the City Council direct staff accordingly. Motion by to 2nd by 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. 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 Pro Tem Steve Herfert Request from Mayor Pro Tem Steve Herfert Seeking the City Council's Consensus to Instruct City Staff to Prepare a Report to Increase the Size of the Senior Citizens Commission It is recommended that the City Council direct staff accordingly. Motion by to 2nd by 04/06/10 6 Agenda material is available at www.westcovina.org City Council Agenda for #16, 2010 I) COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS (continued) 2) Councilmember Michael Touhey Request from Councilmember Michael Touhey Seeking the City Council's Consensus to Instruct the City Attorney to Look into Legal Actions Against the Public Employee Retirement System (PERS) for Mismanagement of Public Funds It is recommended that the City Council direct staff accordingly. Motion by to COUNCILMEMBER COMMENTS ADJOURNMENT Motion by Tuesday Tuesday 04/06/ 10 2nd by 2nd by to adjourn the meeting at Tentative City Council Meetings April 20 7:00 p.m. Council Chambers Regular Meeting May 4 7:00 p.m. Council Chambers Regular Meeting 7 Agenda material is available at www.westcovina.org p.m.