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REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL

Date: Tuesday, November 20, 2007
Time: 7:00 p.m.
Place: Council Chambers

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

Pastor Mason Okubo
Immanuel First Lutheran Church

PLEDGE OF ALLEGIANCE

Mayor Pro Tem Lane

ROLL CALL

Mayor Touhey, Mayor Pro Tem Lane
Councilmembers Herfert, Hernandez, Sanderson

REPORTING OUT FROM CLOSED SESSION

CHANGES TO THE AGENDA

PRESENTATIONS
  • Blue Star Video

  • Resolution of Commendation and Tile Presentation
    Kenneth Freeland, Fire Engineer
  • Resolution of Commendation and Tile Presentation
    Janice Petty, Fire Department Management Analyst II

  • Certificate of Recognition
    Glenn Kennedy, Community Enhancement Painting Program

  • Certificate of Recognition
    Jennifer Touhey, Teacher of the Year
    Covina Valley Unified School District

  • Certificate of Recognition
    Vanessa Martin, Teacher of the Year
    West Covina Unified School District

  • Certificate of Recognition
    Patricia Mendoza, Teacher of the Year
    Rowland Unified School District

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 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

1) Councilmember Roger Hernandez
Request from Councilmember Roger Hernandez Seeking the City Council's Consensus to Review the Downtown Revitalization Plan (Scenario C)
It is recommended that the City Council direct staff accordingly.
C-1.doc

Motion by ____________ 2nd by ____________

to _______________________________________

2) Councilmember Hernandez
Request from Councilmember Roger Hernandez Seeking the City Council's Consensus to Discuss Graffiti Issues
It is recommended that the City Council direct staff accordingly.
C-2.doc

Motion by ____________ 2nd by ____________

to _______________________________________

3) Councilmember Roger Hernandez
Request from Councilmember Roger Hernandez Seeking the City Council's Consensus to Instruct City Staff to Consider the Use of Neighborhood Speed Humps
It is recommended that the City Council direct staff accordingly.
C-3.doc
C-3 Attach1.doc

Motion by ____________ 2nd by ____________

to _______________________________________

D) CONSENT CALENDAR

1) City Council Meeting Minutes (receive & file)

No reports for this meeting.

2) Commission Summary of Actions (receive & file)

a) Community Services 08/14/07 & 09/11/07
b) Senior Commission 08/09/07 & 09/13/07
D-2a 8-14-07.doc
D-2a 9-11-07.doc
D-2b 8-09-07.doc
D-2b 9-13-07.doc

3) Approval of Final Map

Approval of Final Map for Parcel Map No. 62858
Location: 1125 South Willow Avenue
Subdivider: Alfonso and Mary Diaz

It is recommended that the City Council adopt the following resolution:
D-3a.doc
D-3a Reso.doc

Attachment is available for review at the City Clerk's Office.

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF PARCEL MAP NO. 62858 AND DIRECTING THE RECORDATION THEREOF (ALFONSO AND MARY DIAZ)

4) Miscellaneous - Community Services Department

a) Resolution Establishing Change in Date for the Senior Citizens Commission Meetings from the Second Week of Every Month to the Fourth Week of Every Month
It is recommended that the City Council adopt the following resolution:
D-4a.doc
D-4a Reso.doc

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 5682 RELATING TO MEETING TIMES AND PLACES OF CITY BOARDS AND COMMISSIONS, TO CHANGE THE MEETING DATE OF THE SENIOR CITIZENS COMMISSION FROM THE SECOND WEEK OF EVERY MONTH TO THE FOURTH WEEK OF EVERY MONTH EFFECTIVE JANUARY 24, 2008

b) Sale of Global Electric Motors (GEM) Vehicle to West Covina Unified School District
It is recommended that the City Council authorize the sale of one Global Electric Motorcar Vehicle (VIN #5ASAK27462F029002) to the West Covina Unified School District.
D-4b.doc

Attachment is available for review at the City Clerk's Office.

Miscellaneous - Finance Department

c) 2006-2007 and 2007-2008 Fiscal Years Budget Update
It is recommended that the City Council:
D-4c and Attachments.doc
  1. Receive and file the budget update.
  2. Appropriate Proposition 1B Funds in the amount of $1,821,489 to the street rehabilitation and traffic signal projects as identified in the staff report.

d) Establishment of an EPMC Replacement Plan for Various Employee Groups and a Supplemental Retirement Plan for Executive Staff and City Council
It is recommended that the City Council adopt the following resolutions:
D-4d and Reso.doc

1. RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A PUBLIC AGENCY RETIREMENT SYSTEM (PARS) EPMC REPLACEMENT SUPPLEMENTAL RETIREMENT PLAN TO BE ADMINISTERED BY PHASE II SYSTEMS, PARS TRUST ADMINISTRATOR

2. RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE ESTABLISHMENT OF A PUBLIC AGENCY RETIREMENT SYSTEM (PARS) SUPPLEMENTAL RETIREMENT PLAN FOR EXECUTIVE STAFF AND CITY COUNCIL TO BE ADMINISTERED BY PHASE II SYSTEMS, PARS TRUST ADMINISTRATOR

It is recommended that the City Council take the following action:

1. Appropriate $97,050 from the General Fund reserve and $68,126 from various special revenue funds and the CDC reserves.

e) California Building and California Fire Code Ordinance Introduction
It is recommended that the City Council take the following actions:
D-4e.doc
D-4e Ord.doc

1. Introduce the following ordinance:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 7, ARTICLES II, III, IV, V, VI, VII, IX, XIII, XV, XVI, CHAPTER 10, ARTICLE II OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE CALIFORNIA BUILDING CODE AND THE 2007 EDITIONS OF THE CALIFORNIA BUILDING CODE AND 2006 INTERNATIONAL FIRE CODE AND THE 2007 CALIFORNIA FIRE CODE, 2007 CALIFORNIA MECHANICAL CODE, 2007 CALIFORNIA PLUMBING CODE, 2007 INTERNATIONAL SIGN CODE, 2007 CALIFORNIA ENERGY CODE, AND THE 2007 EDITION OF THE CALIFORNIA ELECTRICAL CODE

2. Set December 4, 2007 as the date for a Public Hearing concerning the adoption of the California Building Code and the International and California Fire Codes cited above.

f) Five-year Extension of Landscape Maintenance Contract for Maintenance District Nos. 1, 2, and 4
It is recommended that the City Council approve a five-year contract extension to Azteca Landscape effective November 15, 2007 with no increase in the current contract amount for landscape maintenance services and authorize the Public Works Director/City Engineer and City Clerk to execute such contract.
D-4f.doc

g) Sale of Excess Rights-of Way
Northwest Corner of Lark Ellen Avenue and South Garvey Avenue
It is recommended that the City Council take the following actions:
D-4g.doc
D-4g Reso.doc

Attachments are available for review at the City Clerk's Office.

1. Approve the sale of the excess rights-of-way on the northwest corner of Lark Ellen Avenue and Garvey Avenue South.

2. Adopt the following resolution:

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUIT CLAIM DEED IN FAVOR OF RENE ORTIZ

Miscellaneous - Risk Management

h) General Liability Claims Administration Contract Extension
It is recommended that the City Council approve an amendment to the existing General Liability Service Agreement between The City of West Covina and NovaPro Risk Solutions, LP, which would extend the City's current service rate for two additional years, beginning January 1, 2008 and ending December 31, 2009, pursuant to the terms and conditions set forth in the amendment.
D-4h.doc

5) 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) Legislative Advocacy Conference and Meeting Report
It is recommended that the City Council receive and file the report.
D-5a.doc

ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 through D-5a:

Motion by __________ second by __________
to waive further reading of the resolutions/ordinance and adopt/introduce

and approve all items except: ________

ROLL CALL: Herfert, Hernandez, Sanderson, Lane, Touhey

END OF CONSENT CALENDAR

E) PUBLIC HEARINGS

1) Public Hearing
Amendments to the FY 2007-2008 Community Development Block Grant (CDBG) Action Plan
This hearing concerns a proposed amendment to the City of West Covina's of the FY 2007-2008 Action Plan for the City's Community Development Block Grant (CDBG) program.
E-1.doc
E-1 Attach.doc
  1. Verification of publication
  2. Open hearing
  3. Staff presentation
  4. Public testimony
  5. Close hearing
  6. Council discussion
  7. Recommendation: It is recommended that the City Council approve the proposed amendments to the FY 2007-2008 CDBG Action Plan as identified in the report in Attachment #1, except Activity #8 (Handicap Parking spaces).

Motion by __________ 2nd by __________ to

approve _____ disapprove _____ hold over _____

2) Public Hearing
General Plan Amendment No. 07-01
Zone Change No. 06-06
Categorical Exemption
Applicant: Hector Sanchez

Location: 928 S. Glendora Avenue
The project is for the construction of a 528-square foot single story building to be used as a used automobile dealership. The project requires a change to the general plan and a zone change to allow the construction of the facility.
E-2.doc
E-2 Attach1.doc
E-2 Attach2.doc
E-2 Attach3.doc
E-2 Attach4.doc
E-2 Attach5.doc
E-2 Attach6.doc
  1. Verification of publication and mailing
  2. Open hearing
  3. Staff presentation
  4. Public testimony
  5. Close hearing
  6. Council discussion
  7. Recommendation: The Planning Commission and staff recommend that the City Council adopt the following resolution to change the General Plan land use designation from "Low-Medium Residential" to Service and Neighborhood Commercial."

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 07-01

Motion by __________ 2nd by __________ to
to waive further reading of the resolution, and

adopt _____ disapprove _____ hold over _____

The Planning Commission and staff further recommend that the City Council introduce the following ordinance to change the zoning designation from "Single-Family Residential" (R-1) to "Service Commercial" (S-C):

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 06-06

Motion by __________ 2nd by __________ to
to waive further reading of the ordinance, and

introduce _____ disapprove _____ hold over _____

ROLL CALL: Herfert, Hernandez, Lane, Sanderson, Touhey

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

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.)

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 Michael Touhey
Request from Mayor Michael Touhey Seeking the City Council's Consensus to Ban the Selling of Puppy Dogs at West Covina Pet Stores that are Bred at Puppy Mills
It is recommended that the City Council direct staff accordingly.
I-1.doc

Motion by____________ 2nd by ______________

to ________________________________________

2) Mayor Michael Touhey
Request from Mayor Michael Touhey Seeking the City Council's Consensus to Support the Campaign to Create a Nisei World War II Veterans Stamp
It is recommended that the City Council direct staff accordingly.
I-2.doc

Motion by____________ 2nd by ______________

to ________________________________________

J) COUNCILMEMBER COMMENTS

ADJOURNMENT

Motion by _________ 2nd by _________ to adjourn the meeting at ____ p.m.

TENTATIVE CITY COUNCIL MEETINGS

Tuesday 12/4/07 7:00 pm Regular Meeting
Tuesday 12/18/07 7:00 pm Regular Meeting


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