04-20-2010 - Regular0
Tuesday
April 20, 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
Andrew Pasmant, City Manager
Councilmember Touhey
Mayor Sanderson, Mayor Pro Tem Herfert
Councilmembers Hernandez, Lane, Touhey
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
ANNOUNCEMENTS
I CERTIFY THAT A COPY OF THE COUNCIL AGDOA FOR
EETING OF q 120110 WAS POSTED IN
ACC RDANCE WITH THE 01V BROWN ACT AMENDMENT
D 4,1' -10
0 FI CLERK
* Proclamation
Armenian Genocide Remembrance Day
April 24, 2010
* Presentation
Award of Excellence
Travis Iseri, Senior Center Supervisor
Scott Smilowitz, Community Services Manager
City Council Agenda for Af it 20, 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.
04/20/10 2
Agenda material is available at www.westcovina.org
City g fil Council A enda for20 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
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
approve
2nd by
disapprove hold over
(ITEM C-1 continues on the next page)
04/20/10 3
Agenda material is available at www.westcovina.org
City Council Agenda for Aft 20, 2010
C) ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS (continued)
MAYOR'S/COUNCILMEMBERS REPORTS (continued)
1) Appointment of City Commissioners (continued)
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 2nd by
approve disapprove hold over
D. Public Arts Commission — Five commissioners: three persons to three-year
terms and two persons to one-year terms.
RESOLUTION NO. I- 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
COUNCILMEMBERS REQUESTS FOR REPORTS, STUDIES OR
INVESTIGATIONS
3) 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 2" d by
to
04/20/10 4
Agenda material is available at www.westcovina.org
City Council Agenda for #120, 2010
E
C) ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS (continued)
COUNCILMEMBERS REQUESTS FOR REPORTS, STUDIES OR
INVESTIGATIONS (continued)
4) 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 2"d by
to
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 16, 2010
• Regular Meeting of February 16, 2010
• Special Meeting of March 2, 2010
• Regular Meeting of March 2, 2010
• Special Meeting of March 16, 2010
• Regular Meeting of March 16, 2010
2) Commission Summary of Actions (receive & file)
Planning.......................................................................................... 04/13/10
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.
• Berta Webber vs. City of West Covina
• Tina Louise Higley vs. City of West Covina
• Gilbert Robles vs. City of West Covina
• Binh H. Nguyen vs. City of West Covina
• Ceclis Bowen vs. City of West Covina
4) Award of Bid
Award of Bid for Street Rehabilitation Work for Residential Streets
(Proiect Nos. SP-10105 and SP-10109R)
It is recommended that the City Council award the contract to Gentry Brothers,
Inc. in the Amount of $757,124.00 and authorize the, Public Works Director/City
Engineer and City Clerk to execute the contract for residential street rehabilitation
work.
04/20/10 5
Agenda material is available at www.westcovina.org
City Council Agenda for Aft 20, 2010 •
D) CONSENT CALENDAR (continued)
5) Miscellaneous - Community Services Department
a) Request for Cameron Park Lighting for the West Covina Girls
Softball Annual Memorial Weekend Tournament
It is recommended that the City Council authorize the use of Cameron
Park field lights on Sunday, May 30, 2010 for .the West Covina Girls
Softball Annual Memorial Weekend Tournament.
Miscellaneous - Finance Department
b) California Communities Tax Revenue Anticipation Notes
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. - A RESOLUTION AUTHORIZING
AND APPROVING THE BORROWING OF FUNDS FOR FISCAL
YEAR 2010-2011; THE ISSUANCE AND A SALE OF A 2010-2011
TAX AND REVENUE ANTICIPATION, NOTE THEREFORE AND
PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH
FLOW FINANCING PROGRAM
Miscellaneous — Public Works Department
c) Landscape Maintenance District No. 4
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 1, 2010 FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 2010-2011 TO
FUND THE OPERATION AND MAINTENANCE OF CERTAIN
LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE
BOUNDARIES OF THE DISTRICT
d) Landscape Maintenance District No. 6
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 1, 2010 FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 6 COMMENCING IN FISCAL YEAR 2010-2011 TO
FUND THE OPERATION AND MAINTENANCE OF CERTAIN
LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE
BOUNDARIES OF THE DISTRICT
04/20/ 10 6
Agenda material is available at www.westcovina.org
City Council Agenda for Aok 20, 2010
D) CONSENT CALENDAR (continued)
5) 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 1, 2010 FOR LANDSCAPE MAINTENANCE
DISTRICT NO. 7 COMMENCING IN FISCAL YEAR 2010-2011 TO
FUND THE OPERATION AND MAINTENANCE OF CERTAIN
LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE
BOUNDARIES OF THE DISTRICT
Miscellaneous — Fire Department
f) Solar Photovoltaic Installation Guidelines — Introduction of Ordinance
It is recommended that the City Council introduce the following
ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, RELATING TO "SOLAR PHOTOVOLTAIC
INSTALLATION GUIDELINES" TO ARTICLE XIII BY AMENDING
SECTION 7-223 OF THE WEST COVINA MUNICIPAL CODE
6) Councilmember Reports
Councilmember Roger Hernandez
Tobacco Retail Licensing. Ordinance to Reduce Youth Access to Tobacco
City staff recommends that the City Council introduce the following ordinance:
AN ORDINANCE OF" THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, TO ADD CHAPTER 14 ESTABLISHING A
TOBACCO RETAIL LICENSE
ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-6:
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
04/20/ 10 7
Agenda material is available at www.westcovina.org
City Council Agenda for.vil 20, 2010 0
E) PUBLIC HEARINGS
1) Public Hearing
Community Development Block Grant
City of West Covina's FY 2010-2015 Community Development Block Grant
(CDBG) Consolidated Plan
The purpose of this hearing is to consider the proposed the Five -Year Strategic
Plan (2010-2015) and One -Year Action Plan (2010-2011).
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 approve the
proposed FY 2010-2015 CDBG Consolidated Plan.
Motion by 2" a by
to
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 for this meeting.
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.
04/20/10 8
Agenda material is available at www.westcovina.org
City g Council Agenda for 1120 2010
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 May 4
Tuesday May 18
04/20/ 10 9
Agenda material is available at www.westcovina.org
2„ d by
to adjourn the meeting at p.m.
Tentative City Council Meetings
7:00 p.m. Council Chambers Regular Meeting
7:00 p.m. Council Chambers Regular Meeting