05-04-2010 - RegularTuesday
May 4, 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.westeovina.org The City complies with the Americans With Disabilities Act (ADA). If
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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
Dr. Glen Thorpe, Pastor
Community Presbyterian Church
Councilmember Touhey
Mayor Sanderson, Mayor Pro Tem Herfert
Councilmembers Hernandez, Lane, Touhey
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS * Certificates of Recognition
Rotary Interact Members - Community Volunteer Work
*Certificates of Recognition
Vine Elementary School
- California Distinguished School
Rowland Elementary School
- California Distinguished School
Merced Elementary School
- California Distinguished School
- Title I Achievement School
ANNOUNCEMENTS 1 CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR
THE MEETING OF S' 1 y / /0 WAS POSTED IN
ACCORDANCE WI THE 01/87 BROWN ACT AMENDMENT
DATED: Y�T":"",
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OFFICE OFIY CL EIK
City Council Agenda for May 4, 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.
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Agenda material is available at www.westcovina.org
City Council Agenda for May 4, 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)
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Agenda material is available at www. westcovina. org
City Council Agenda for May 4, 2010
C) ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS (continued)
MAYOR'S/COUNCILMEMBERS REPORTS (continued)
1) Appointment of City Commissioners
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 disapprove
2nd by
hold over
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
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)
2)
City Council Meeting Minutes (receive & file)
• Special Meeting of April 6, 2010
• Regular Meeting of April 6, 2010
• Special Joint Meeting with Community Development Commission of April 15, 2010
Commission Summary of Actions (receive & file)
a) Human Resources .................................... 10/14/09, 12/09/09, 03/17/10
b) Planning....................................................................................04/27/10
c) Senior Citizens Commission.....................................................02/25/10
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Agenda material is available at www.westcovina.org
City Council Agenda for May 4, 2010
D) CONSENT CALENDAR (continued)
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.
• Olga Takeda vs. City of West Covina
• Jason & Angelyne Carlton vs. City of West Covina
• Moises I. Madriz vs. City of West Covina
4) Ordinance for Adoption
a) Tobacco Retail -Licensing Ordinance to Reduce Youth Access to
Tobacco
This ordinance was introduced at the City Council meeting of April 20,
2010. The purpose of the ordinance is to encourage responsible tobacco
retailing and to discourage the sale or distribution of tobacco products to
minors. The ordinance will become effective 30 days after its adoption on
June 3, 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 14 OF THE WEST COVINA MUNICIPAL
CODE, ADDING ARTICLE X, ESTABLISHING A TOBACCO
RETAIL LICENSE
b) Solar Photovoltaic Installation Guidelines
This ordinance was introduced at the City Council meeting of April 20,
2010. The purpose of the ordinance is to increase public safety through
the adoption of the Solar Photovoltaic Installation guidelines for. structures
equipped with Solar Photovoltaic Systems. This ordinance will become
effective 30 days after adoption on June 3, 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,
RELATING TO "SOLAR PHOTOVOLTAIC INSTALLATION
GUIDELINES" TO ARTICLE XIII BY AMENDING SECTION 7-223
OF THE WEST COVINA MUNICIPAL CODE
5) Traffic Committee Minutes of April 20, 2010 (accept & file)
I. Request
Charles Kim, West Covina Resident
That no parking on street sweeping days be implemented on Delores Street
from Elena Avenue to Dee Lane every Friday of each month from 7:00 a.m. to
3:30 p.m.
Traffic Committee Recommendation:
That no parking on street sweeping days be implemented on Delores Street
from Elena Avenue to Dee Lane every, Friday of each month from 7:00 a.m. to
3:30 p.m.
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Agenda material is available at www westcovinal.org
City Council Agenda for May 4, 2010
D) CONSENT CALENDAR (continued)
6) City Treasurer's Report (receive & file).
Report for the Month of March 2010.
7) Miscellaneous — Public Works Department
a) 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 adopt the following 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 6, 2010 FOR A PUBLIC HEARING ON METHOD OF
COLLECTION AND FEE INCREASES
b) Citywide Lighting and Maintenance District 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 15, 2010 TO APPROVE CITYWIDE
ASSESSMENTS COMMENCING IN FISCAL YEAR 2010-2011 TO
FUND THE OPERATION AND MAINTENANCE OF STREET
LIGHTS AND STREET TREES WITHIN THE DISTRICT
Miscellaneous - Fire Department
c) Authorization for Fire Works 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 9, 2010.
2. Fireworks display for the City of West Covina Independence Day
Celebration to be held on July 4, 2010 at Edgewood Middle School.
d) Adopting a Resolution Establishing Need for Summary Criminal
History Information
It is recommended that the City Council adopt the below, resolution to
authorize the Fire Department to access state and federal level summary
criminal history information for employment or certification purposes,
including any volunteer or contract employees.
RESOLUTION NO. - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING ACCESS TO STATE AND FEDERAL SUMMARY
CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT AND
CERTIFICATION PURPOSES
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Agenda material is available at www.westcovina.org
City Council Agenda for May 4, 2010
D) CONSENT CALENDAR (continued)
ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-7d:
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
E) PUBLIC HEARINGS No Public Hearings scheduled.
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) 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 2nd by
to
2) City Attorney Report on Possible Legal Actions Against the Public Employee
Retirement Svstem (PERS) for Mismanay-ement of Public Funds
It is recommended that the City Council instruct the City Attorney's Office to
monitor the criminal allegations that have been made against PERS and update the
City Council if any such changes make it more feasible to file a lawsuit against
PERS.
Motion by 2nd by
to
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Agenda material is available at www. westcovina.org
City Council Agenda for May 4, 2010
H) MAYOR'S/COUNCILMEMBERS REPORTS (continued).
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) Request from Mayor Shelley Sanderson Seeking the City Council's Consensus
To Initiate a Code Amendment to Adopt Clear andConcise Concise Regulations to
Address Auto Repair Businesses Operating in Residential Zones
It is recommended that the City Council direct staff accordingly.
Motion by 2"d by
to
COUNCILMEMBER COMMENTS
ADJOURNMENT
Motion by
Tuesday
Tuesday
2nd by
to adjourn the meeting at p.m.
Tentative City Council Meetings
May 18 7:00 p.m. Council Chambers Regular Meeting
June 1 7:00 p.m. Council Chambers Regular Meeting
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Agenda material is available at www. westcovina.org