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| | | | Tuesday, June 17, 2008
REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL
| Date: |
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Tuesday, June 17, 2008 |
| Time: |
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7:00 p.m. |
| Place: |
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Council Chambers
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AGENDA
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 Friday. 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.
INVOCATION
PLEDGE OF ALLEGIANCE
Councilmember Herfert
ROLL CALL
Mayor Lane, Mayor Pro Tem Hernandez,
Councilmembers Herfert, Sanderson, Touhey
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
- Blue Star Video
- Certificate of Recognition
Father Maguire, Council No. 3851
Knights of Columbus "Council of the Year"
ANNOUNCEMENTS
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.
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)
No minutes for this meeting.
2) Commission Summary of Actions (receive & file)
a) Planning 06/10/08
D-2a.doc
3) Ordinance for Adoption (waive reading and adopt)
Recovery of Lost Tax Increment Revenues by Extending Redevelopment Plan Time Limits for the Central Business District Project Areas and the Eastland Project Areas as Authorized by SB 1096
This ordinance was introduced at the City Council meeting of June 3, 2008. This ordinance will extend the Redevelopment Plan Effectiveness date, the Debt Repayment and Receipt of Tax Increment date by two (2) years for the Central Business District and Eastland Project Areas. This ordinance will become effective 30 days after adoption on July 17, 2008.
D-3.doc
D-3 Attach1.doc
Attachment #2 is available for review in the City Clerk's Office.
ORDINANCE NO. __________ - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN TIME LIMITATIONS WITH RESPECT TO THE REDEVELOPMENT PLANS FOR THE CENTRAL BUSINESS DISTRICT PROJECT AREA AND THE EASTLAND PROJECT AREA PURSUANT TO THE PROVISIONS OF HEALTH AND SAFETY CODE SECTION 33333.6(E)(2)(D)
4) Award of Bid
a) Consultant Agreement for Housing Element Update
Staff recommends that the City Council authorize the execution of an agreement with Hogle-Ireland in the amount of $71,930 to provide consulting services associated with updating the Housing Element of the General Plan.
D-4a.doc
b) Award of Bid for Major Street Rehabilitation Improvement -
Proposition 1B (Project No. SP-08108)
It is recommended that the City Council:
D-4b.doc
Attachment is available for review in the City Clerk's Office.
- Accept the bid of All American Asphalt in the amount of $1,787,000 as submitted at the bid opening on June 4, 2008 and authorize the Public Works Director/City Engineer to execute an agreement with All American Asphalt of Corona, California, for the work to be done.
- Transfer $70,000 from Account No. 124.81.8844.7200; $2,700 from Account No. 124.81.8741.7200 to Project No. SP-08108 Account No. 124.81.8843.7200, and $8,400 from Account No. 125.81.8741.7200; and $48,894 from Account No. 125.81.8749.7200 to Project No. SP-08108 Account No. 125.81.8843.7200.
- Appropriate $94,200 from North Azusa Avenue Relinquishment fund balance to Project No. SP-08108 (215.81.8843.7200).
- Appropriate $25,000 from Prop "A" fund (has been approved by MTA) to Project No. SP-08108 (121.81.8843.7200).
- Appropriate $60,000 Community Development Block Grant (CDBG) fund from the unappropriated CDBG fund balance (pending HUD and City Council approval) to Project No. SP-08108 (131.81.8843.7200).
- Appropriate $243,920 Proposition "C" funds (has been approved by MTA) to Project No. SP-08108 (122.81.8843.7200).
5) Miscellaneous - Finance Department
a) Appropriations Limit for Fiscal Year 2008-2009
It is recommended that the City Council adopt the following resolution:
D-5a.doc
RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ANNUAL APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING JUNE 30, 2009
b) Annual City Loan for the City-Wide Project Area
It is recommended that the City Council adopt the following resolution:
D-5b & Reso.doc
RESOLUTION NO.__________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING A LOAN TO THE WEST COVINA COMMUNITY DEVELOPMENT COMMISSION FOR THE PAYMENT OF PROJECT AND ADMINISTRATIVE EXPENSES FOR THE "CITY-WIDE" PROJECT AREA
5) Miscellaneous - Finance Department
c) Annual City Loan for the West Covina Merged Redevelopment Project Area
It is recommended that the City Council adopt the following resolution:
D-5c & Reso.doc
RESOLUTION NO.__________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING A LOAN TO THE WEST COVINA COMMUNITY DEVELOPMENT COMMISSION FOR THE PAYMENT OF PROJECT AND ADMINISTRATIVE EXPENSES FOR THE WEST COVINA MERGED REDEVELOPMENT PROJECT AREA
Miscellaneous - Fire Department
d) Authorize an "Amendment to Services" Agreement Between the Regents of the University of California, on Behalf of the UCLA Medical Center, Center for Prehospital Care and the City of West Covina, on Behalf of the Fire Department
It is recommended that the City Council approve and sign the amendment of the services agreement with the Regents of the University of California, on behalf of the UCLA Medical Center to extend the current contract through June 30, 2010.
D-5d.doc
Attachments 1, 2, and 3 are available for review in the City Clerk's Office.
Miscellaneous - Police Department
e) 2008 BJA Justice Assistance Grant
It is recommended that the City Council approve the 2008 BJA Justice Assistance Grant and authorize the appropriation of $13,428 into 208.31.3112.6999 for unfunded public safety supplies.
D-5e.doc
f) Consideration of a Resolution Providing for the Monitoring of Sexual Offenders Required to Wear GPS Tracking Devices Pursuant to Jessica's Law
It is recommended that the City Council adopt the following resolution:
D-5f & Reso.doc
RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING A COMPREHENSIVE PROCESS BY WHICH THE WEST COVINA POLICE DEPARTMENT WILL MONITOR CONVICTED SEX OFFENDERS THAT ARE REQUIRED TO WEAR GPS DEVICES AND AUTHORIZING STAFF TO UNDERTAKE APPROPRIATE ACTIONS TO IMPLEMENT SUCH PROCESS
g) 2007 Homeland Security Grant
It is recommended that the City Council accept the 2007 State Homeland Security Grant Program (SHSGP) and authorize the appropriation of $9,824 into 222.31.3110.6999 for police protective supplies.
D-5g.doc
Miscellaneous - Police Department
h) Introduction of an Ordinance Imposing Residency Requirements and Loitering Prohibitions on Registered Sex Offenders
It is recommended that the City Council introduce the following ordinance:
D-5h & Ord.doc
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE BY REPEALING SECTION 15-19 IN ITS ENTIRETY AND BY ADDING A NEW SECTION 15-19 TO INCLUDE RESIDENCY AND LOITERING RESTRICTIONS FOR SEX OFFENDERS
Miscellaneous - Risk Management Department
i) Placement of Property Insurance for Fiscal Year 2008/09
It is recommended that the City Council approve renewing the City's property insurance coverage for FY 2008/09 with the Hartford at a cost of $66,970.
D-5i.pdf
Miscellaneous - Community Development Commission
j) Auto Plaza Business Improvement District
It is recommended that the City Council adopt the following Resolution:
D-5j.doc
D-5j Reso.doc
Attachment is available for review in the City Clerk's Office.
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 2008-2009, AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JULY 1, 2008
6) 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.)
a) Contract Cities Conference and Meeting Report
It is recommended that the City Council receive and file this report.
D-6a.doc
ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 through D-6a:
Motion by __________ second by __________ to waive further reading of the resolutions/ordinance and adopt, and
approve all items except: ________
ROLL CALL: Herfert, Hernandez, Sanderson, Lane, Touhey
END OF CONSENT CALENDAR
E) PUBLIC HEARINGS
1) Public Hearing
West Covina Citywide Lighting and Maintenance District
E-1.doc
E-1 Reso AttachE.doc
Attachments A, B, C and D are available for review in the City Clerk's Office.
- Verification of publication
- Open hearing
- Staff presentation
- Public testimony
- Close hearing
- Council discussion
- 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 ENGINEER'S REPORT AND THE PLANS, SPECIFICATIONS, ESTIMATES, DIAGRAM AND ASSESSMENTS CONTAINED THEREIN; ORDERING LIGHTING FIXTURES AND ELECTRICAL CURRENT TO BE FURNISHED FOR LIGHTING FIXTURES AND TO ORDER STREET TREES TO BE INSTALLED AND MAINTAINED IN THE WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT FOR FISCAL YEARS BEGINNING JULY 1, 2008
Motion by _________ 2nd by _________
adopt ____ disapprove ____ hold over ____
2) Appeal Hearing
Appeal of Planning Director's Modification No. 08-14
(Undergrounding of Power Lines)
Appellant: Sean Yuan
Location: 1838 E. Workman Avenue
E-2.doc
E-2 Attach2.doc
E-2 Attach3.doc
E-2 Attach5.doc
E-2 Attach6.doc
Attachments 1, 4, 7 and 8 are available for review in the City Clerk's Office.
- Open hearing
- Staff presentation
- Public testimony
- Close hearing
- Council discussion
- Recommendation: Staff recommends that the City Council uphold the Planning Commission decision and deny Planning Director's Modification No. 08-14 (therefore requiring that the electrical power lines be installed underground).
Motion by _________ 2nd by _________
adopt ____ disapprove ____ hold over ____
3) Continued Public Hearing
Fee and Charges Schedule
E-3 & Reso.doc
E-3 ExhibitA.xls
E-3 ExhibitB.xls
E-3 ExhibitC.xls
Exhibits D and E are available for review in the City Clerk's Office.
- Verification of publications
- Open hearing
- Staff presentation
- Public testimony
- Close hearing
- Council discussion
- 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 ____
CALL TO ORDER THE COMMUNITY DEVELOPMENT COMMISSION AT _____ PM
Roll Call: Chairman Lane, Vice Chairman Hernandez,
Commissioner Herfert, Commissioner Sanderson, Commissioner Touhey
4) Continued Public Hearing
Authorizing an Election and the CDC's and City Council's Votes on a Special Tax Levy and Extension of the Coastal Sage and Scrub Community Facilities District's Authorized Facilities and Services
E-4.doc
E-4 Attach1.doc
E-4 Attach2.doc
E-4 Attach3.doc
E-4 Attach4.doc
5) Election on the Extension of the Coastal Sage and Scrub Community Facilities District's Public Facilities and Services and the Levy of Special Taxes, and Certification of the Election Results
E-5.doc
E-5 Attach1.doc
E-5 Attach2.doc
- Verification of publication
- Open Hearing
- Staff Presentation
- Public Testimony
- Close Hearing
- Council Discussion
- Recommendation: It is recommended that the City Council adopt the following resolution setting an election to occur immediately following the hearing:
RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING AN ELECTION ON THE LEVY OF A NEW SPECIAL TAX AND THE EXTENSION OF THE COASTAL SAGE AND SCRUB COMMUNITY FACILITIES DISTRICT'S FACILITIES AND SERVICES FOR JUNE 17, 2008
Motion by ____________ 2nd by ____________
to waive further reading of the resolution and
adopt ____ disapprove ____ hold over ____
Election and Casting of Votes by the City Council and Community Development Commission
City Council Action:
It is recommended that the City Council adopt the following resolution casting the City's votes in favor of the levy of special taxes by the Coastal Sage and Scrub Community Facilities District (CSS District) and extension of the public facilities and services financed by the CSS District and waiving election requirements:
RESOLUTION NO. _______ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA WAIVING ALL ELECTION REQUIREMENTS AND VOTING IN FAVOR OF A SPECIAL TAX LEVY AND AN EXTENSION OF THE COASTAL SAGE AND SCRUB COMMUNITY FACILITIES DISTRICT'S AUTHORIZED PUBLIC FACILITIES AND SERVICES
Motion by ____________ 2nd by ____________
to waive further reading of the resolution and
adopt ____ disapprove ____ hold over ____
Community Development Commission Action:
It is recommended that the Community Development Commission (CDC) adopt the following resolution waiving election requirement and casting the CDC's votes in favor of the extension of the public facilities and services financed by the CSS District and the levy of special taxes: by the CSS District:
RESOLUTION NO. _______ - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF WEST COVINA WAIVING ALL ELECTION REQUIREMENTS AND VOTING IN FAVOR OF A SPECIAL TAX LEVY AND AN EXTENSION OF THE COASTAL SAGE AND SCRUB COMMUNITY FACILITIES DISTRICT'S AUTHORIZED PUBLIC FACILITIES AND SERVICES
Motion by ____________ 2nd by ____________
to waive further reading of the resolution and
adopt ____ disapprove ____ hold over ____
Certifying election results and authorizing levy of special taxes
It is recommended that the City Council adopt the following resolution in the event that two-thirds or more of the votes cast in the election are in favor of the extension of the public facilities and services and the levying of special taxes to fund such extensions:
RESOLUTION NO. _______ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CERTIFYING THE RESULTS OF THE ELECTION ON THE EXTENSION OF THE COASTAL SAGE AND SCRUB COMMUNITY FACILITIES DISTRICT'S PUBLIC FACILITIES AND SERVICES AND THE RELATED SPECIAL TAX LEVY
Motion by ____________ 2nd by ____________
to waive further reading of the resolution and
adopt ____ disapprove ____ hold over ____
In the event the election results are certified by the City Council, it is recommended that that City Council adopt the following resolution:
RESOLUTION NO. _______ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA DETERMINING THAT THE CHANGES TO THE COASTAL SAGE AND SCRUB COMMUNITY FACILITIES DISTRICT'S FACILITIES AND SERVICES AND THE RELATED SPECIAL TAX LEVY ARE LAWFULLY AUTHORIZED
Motion by ____________ 2nd by ____________
to waive further reading of the resolution and
adopt ____ 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.
CDC Agenda
G) DEPARTMENTAL MATTERS
FINANCE DEPARTMENT
1) 2008-09 Fiscal Year Preliminary Budget Review
It is recommended that the City Council adopt the following resolution:
G-1 & Reso.doc
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, 2008 AND ENDING JUNE 30, 2009
Motion by ____________ 2nd by ____________ to
adopt ____ disapprove ____ hold over ____
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.)
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.
J) COUNCILMEMBER COMMENTS
ADJOURNMENT
Motion by _________ 2nd by _________ to adjourn the meeting at ____ p.m.
TENTATIVE CITY COUNCIL MEETINGS
| Tuesday 7/1/08 |
|
7:00 pm Regular Meeting |
| Tuesday 7/15/08 |
|
7:00 pm Regular Meeting |
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