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09-04-2007 - RegularTuesday September 4, 2007 REGULAR MEETING OF THE WEST COVINA CITY COUNCIL AGENDA 7:00 pin 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 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 Nestor Rebong St. Christopher's Church PLEDGE OF ALLEGIANCE Mayor Touhey ROLL CALL Mayor Touhey, Mayor Pro Tern Lane, Councilmembers Herfert, Hernandez, Sanderson REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS I��pFC0 tttEMFin ,,, Ty * Blue Star Video * Resolution of Commendation Retiring Police Detective Neil Hopkins Over 29 years of Service AGENWOR 18 ws - iElEl'IDme" nilW 8 0 1 * Certificate of Recognition West Covina American Little League 11 & 12 Year Old District 19 All Star I'Vinners * Proclamation National Emblem Club Week September 15 through September 21, 2007 * West Covina Historical Documentary Promotional Video ANNOUNCEMENTS City Manager Pasmant City Council Agenda for September 4, 2007 I RULES OF DECORUM I The following are excerpts from the YVest 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 deconun, 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 malting 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 die 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 countyjail 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 YVCMC 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. 09/04/07 z Agenda material is available at wwmwestcovina.org City Council Agenda for September 4, 2007 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 City Council Meeting Minutes (receive & file) No reports for this meeting. 2) Commission Summary of Actions (receive & file) a) Planning Commission..........................07/24/07 & 08/28/07 3) Claims Against the City of West Covina Government Tort Claim Denials It is recommended that the City Council deny the following Government Tort Claims and the claimants and/or their respective attorneys be so notified. • Luis Sanchez vs. City of West Covina • Deana Guerrero vs. City of West Covina • William Romero vs. City of West Covina • Mathew Romero vs. City of West Covina • Steve Smith vs. City of West Covina • Laura Diaz vs. City of West Covina 4) Award of Bid a) Award of Bid for Pacific Avenue and Bromely Avenue Traffic Signal Improvements — (Project No. TP-07505) It is recommended that the City Council take the following actions: 1. Transfer $20,107 from Project No. GP-03408 (122.84.8613.7900) to TP-07505 (122.85.8773.7800) pending MTA approval. In the event that Prop "C" funding is denied, there are sufficient funds available in City Project No. TP-04507 (123.85.8441.7800). 2. Accept the bid of Oak Engineering, Inc. in the amount of $177,007 as submitted at the bid opening on August 21, 2007, and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. 09/04/07 3 Agenda material is available at www.westcovina org City Council Agenda for September 4, 2007 D) CONSENT CALENDAR (continued) 4) Award of Bid (continued) b) Award of Bid for Phase Il — Construction of Median Landscape Improvement on Azusa Avenue (South of Amar Road) — (Project No. SP-06101) It is recommended that the City Council accept the bid of C. S. Legacy Construction, Inc. in the amount of $325,320 as submitted at the bid opening on August 23, 2007, and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement with C. S. Legacy Construction, hie. of Chino, California, for the work to be done. c) Award of Bid for Street Rehabilitation for Residential Streets - (Proiect No. SP-07110) It is recommended that the City Council take the following actions: 1. Award the contract to Silvia Construction, Inc. in the amount of $498,895.90, and authorize the Public Works Director/City Engineer and City Clerk to execute the contract for residential street rehabilitation. 2. Transfer $78,000 from Project No. SP-07102 Azusa Avenue State Grant funds (Account No. 125.81.8739.7200) and $50,000 from Project No. SP-06110 Bus Route Street Proposition "C" funds (Account No. 122.81.8631.7200) to Project No.SP-07110 (Account No. 125.81.8747.7200 and 122.81.8747.7200) respectively. d) Award of Bid for Rubberized Tree Grates It is recommended that the City Council: 1. Establish Capital Improvement Project No. SP-08114 with funding in the amount of $46,340 from grant funds and $40,040 transferred from Project No. GP-03408 (122.84.8613.7900) pending MTA approval. hr the event that Prop "C" funding is denied, there are sufficient funds available in the Capital Improvement Project for urban forestry (161.81.8750.7500). 2. It is recommended that the City Council accept the sole source bid of United Sports Surfacing in the amount of $86,200 for the installation of rubberized tree grates. e) Award of Purchase of Tire Department Body Armor It is recommended that the City Council approve an award of purchase for 78 XHP-111A.0 body armor vests from Aardvark Tactical, Inc. of Azusa for a total cost of $41,795.33, including sales tax and shipping. f) Twelve -Lead Cardiac Defibrillator Purchase It is recommended that the City Council take the following actions: 1. Appropriate $16,949.07 from the General Fund Reserve to Account No. 110.32.3220.7160 to purchase one 12-lead cardiac defibrillator. 2. Authorize the Fire Department's request for reirnbursement of the full purchase cost of the defibrillator from the Los Angeles County, Measure B Trauma Property Tax Assessment Fund and, upon receipt, return the funds to the General Fund Reserves. 09/04/07 4 Agenda material is available at www.westcovina.org City Council Agenda for September 4, 2007 D) CONSENT CALENDAR (continued) 5) Approval of Final Map a) Approval of Final Map for Parcel No. 64026 Location: Northwest Corner of Valley Boulevard and Nogales Street Subdivider: David Puppi 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, APPROVING FINAL MAP OF PARCEL MAP NO. 64026 AND DIRECTING THE RECORDATION THEREOF (DAVID PUPPI) 6) Traffic Committee Minutes — Meeting of August 21, 2007 (accept & file) I. Request, City Initiated Review Traffic Conditions at the Intersection of Cameron Avenue and North Garvey Avenue. Traffic Committee Recommendations: That stop signs and appropriate pavement markings be placed on south and northbound approaches of Cameron Avenue at North Garvey Avenue. That the installation of the new traffic signal at the intersection of Cameron Avenue and North Garvey Avenue be included as part of the fiscal year 2008-2009 CIP Project. 7) City Treasurer's Report (receive & file) Report for the Month of July 2007 8) Miscellaneous - Community Services Department a) FY 2007-2008 Older Americans Act Senior Nutrition Meals Program Grant Application 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, AUTHORIZING THE SUBMITTAL OF A PROPOSAL FOR FY 2007- 2008 OLDER AMERICANS ACT COMPETITIVE GRANT FUNDS FOR THE SENIOR NUTRITION MEALS PROGRAM b) Proposed "Go West" Fixed -Route and Service Chances It is recommended that the City Council accept the recommendation of the Conummity Services Commission to approve the proposed fixed route and service changes to the Red Line route, the Green Line route, and the Covina Metrolink Express Route effective October 1, 2007. 09/04/07 5 Agenda material is available at wwrv.westcovina.erg City Council Agenda for September 4, 2007 D) CONSENT CALENDAR (continued) 8) Miscellaneous - Fire Department c) Paramedic Service Agreement Between the Regents of the University of California and the City of West Covina It is recommended that the City Council approve the amendment to the 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, to extend the currently expired contract through June 30, 2008 and authorize the Fire Chief to execute the amendment. Miscellaneous - Human Resources d) Department Heads Benefits It is recommended that the City Council amend the related resolutions implementing salary and benefit adjustments for Department Heads and City Council as follows: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2007-31 RELATING TO MANAGEMENT COMPENSATION, BENEFITS AND CLASSIFICATIONS OF DEPARTMENT HEADS RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2007-32 RELATING TO ADJUSTMENTS IN ELIGIBLE BENEFITS FOR CITY COUNCIL Miscellaneous — Public Works Department e) Restructuring of Public Works Department It is recommended that the City Council take the following actions: 1. Authorize the City Manager to restructure the Public Works Department to include the creation of the Deputy City Engineer position and to fill the Deputy Building Official position in coordination with future retirements. 2. Approve the class specification of Deputy City Engineer. 3. Approve the salary range of Deputy City Engineer of $7,570 to $10,220 per month. D Approval to Proceed with the Bidding of the Golf Course and the Extension of Related Consultant Contracts It is recommended that the City Council take the following actions: 1. Direct staff to proceed with the bidding of the golf course and to extend the related consultant contracts. 2. Approve the addition of one Public Works Project Supervisor position to the Public Works Department budget. 09/04/07 6 Agenda material is available at iviviv.ivestcovina.org City Council Agenda for September 4, 2007 D) CONSENT CALENDAR (continued) 8) Miscellaneous — City Manager's Office g) Authorization to Apply for State of Recreational Trail It is recommended that the City Counciladopt the following resolution authorizing the City of West Covina to submit an application to State of California's Recreational Trails Programs for improvements to Shadow Oak Park: RESOLUTION NO. - A COUNCIL OF THE CITY OF W APPROVING THE APPLICATION FC RECREATIONAL TRAILS PROGRA PARK LOWER PLATEAU PROJECT ACTION ON CONSENT CALENDAR ITEMS Motion by 2"d by to waive further reading of the resolutions and approve all items except: ROLL CALL: Herfert, Hernandez, Lane, END OF CONSENT ESOLUTION OF THE CITY �T COVINA, CALIFORNIA, GRANT FUNDS FROM THE FOR THE SHADOW OAK D-I THROUGH D-8g: and Touhey 09/04/07 7 Agenda material is available at wives. City Council Agenda for September 4, 2007 E) PUBLIC HEARINGS 1) PUBLIC HEARING General Plan Amendment No. 06-01 Zone Change No. 06-01 Applicant: Rene Ortiz Location: Garvey Avenue South and Lark Ellen Avenue a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion. g) 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' (4.1 to 8.0 dwelling units per acre) to "Offices": RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 06-01 Motion by 2 d by to waive further reading of the resolution, read by title only, 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 "Open Space" (O-S) to "Office Professional' (O-P): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING ZONE CHANGE NO. 06-01 Motion by 2°d by_ to waive further reading of the ordinance, and introduce disapprove hold over ROLL CALL: Herfert, Hernandez, Lane, Sanderson, Touhey 09/04/07 8 Agenda material is available at www.westc0vi11a.019 City Council Agenda for September 4, 2007 E) PUBLIC HEARINGS 2) PUBLIC HEARING 2007 Congestion Management Program (CMP) Conformance Self -Certification and Local Develonment Renort a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: Staff recormnends that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 Motion by 2"d by to waive further reading of the resolution, read by title only 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. 09/04/07 9 Agenda material is available at www.westcovina.org City Council Agenda for September 4, 2007 G) DEPARTMENTAL MATTERS PLANNING DEPARTMENT 1) Code Amendment No. 07-03 — Trash Enclosure Requirements for Nonresidential Uses It is recommended that the City Council introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING ARTICLE III OF CHAPTER 12 ESTABLISHING TRASH ENCLOSURE DISTRICTS (CODE AMENDMENT NO.07-03) Motion by 2nd by to waive further reading of the ordinance, read by title only, and introduce disapprove hold over ROLL CALL: Herfert, Hernandez, Lane, Sanderson, Touhey CITY MANAGER'S OFFICE 2) Request for Legal Counsel Services from Former Planning Commissioner Carlos Thrasher It is recommended that the City Council review and evaluate whether to grant or deny the request from former Planning Commissioner Carlos Thrasher to pay for his legal fees in his pending criminal matter. Motion by 2"d by approve disapprove hold over H) MAYOR'S/COUNCILMEMBERS REPORTS to AB 1234 Conference and Meeting Report (In accordance with AB 1234, Councibnembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) 09/04/07 10 Agenda material is available at www.westcovina.org • City Council Agenda for September 4, 2007 I) COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS (Per City of West Covina Standing Rules 4.f— Requests by Councihnembers 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) Councilmember Herfert Request from Councilmember Steve Herfert Requesting the City Council Consider Supporting a Program to Paint Flags on Curbs of Veterans Residing in West Covina It is recommended that the City Council direct staff accordingly Motion by to J) COUNCILMEMBER COMMENTS ADJOURNMENT Motion by 2nd by tad by to adjourn the meeting at Tentative City Council Meetings Tuesday September 18 7:00 p.m. Council Chambers Regular Meeting Tuesday October 2 7:00 p.m. Council Chambers Regular Meeting Tuesday October 16 7:00 p.m. Council Chambers Regular Meeting p.m. 09/04/07 11 Agenda material is available at www.westcovina.org