05-06-2008 - RegularTuesday
May 6, 2008
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 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 Councilmember Touhey
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
* Rudy Valles,. Community Services Commissioner
* David Figueroa, AARP
Certificates of Recognition
* 2008 ArtFest Honorees
Proclamations
* West Covina Beautiful Month
Recognition of Poster Contest Winners
* Public Works Week — May 18 — May 24, 2008
Emergency Medical Services Week
May 18 - May 24, 2008
ANNOUNCEMENTS THE CERTIFY
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OFFICE OF THE CITY CLERK
City Council Agenda for May 6, 2008
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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 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 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 M•6, 2008
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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 reports for this meeting.
2) Commission Summary of Actions (receive & file)
a) Human Resources...................................02/13/08, 03/12/08
b) Planning Commission ............................................. 04/22/08
D) CONSENT CALENDAR (continued)
3) Claims Against the City of West Covina
Government Tort Claim Denials
It is recommended that the following Government Tort Claims be denied and the
claimants and/or their respective attorneys be so notified.
• Becky Quiroz vs. City of West Covina
• Glen and Jodi Barnes vs. City of West Covina
• Randal Ruiz vs. City of West Covina
4) City Treasurer's Report (receive & file)
Report for the Month of March 2008
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Agenda material is available at www.westeovina.org
City Council Agenda for M•6, 2008 •
D) CONSENT CALENDAR (continued)
5) Award of Bid
a) Award of Bid for Badillo Street Pedestrian Crosswalk Installation -
It is recommended that the City Council take the following actions;
1. Accept the quote from Republic ITS, Inc. in the amount of $77,800
and authorize the Public Works Director/City Engineer and City Clerk
to execute the contract.
2. Appropriate $17,400 from CDBG funds to Project No. TP-08506
(131.85.8876.7800).
b) Award of Bid for Curb and Gutter Repair and Construction of
Wheelchair Ramps (Project Nos. SP-08105 and SP-08107)
It is recommended that the City Council take the following actions:
1. Accept the bid of International Pavement Solutions, Inc. in the amount
of $132,792 as submitted at the bid opening on March 27, 2008, and
authorize the Public Works Direct/City Engineer and City Clerk to
execute an agreement with International Pavement Solutions, Inc. for
the work to be done.
2. Approve a contract Change Order No. I with International Pavement
Solutions, Inc. in the amount of $80,300 to construct 44 additional
wheelchair ramps due to a favorable bid and availability of additional
funds.
6) Traffic Committee Minutes of April 15, 2008 — (accept & file)
I. Request of Mary Martin, West Covina Resident
That traffic conditions be reviewed at the intersection of Merced Avenue and
South Garvey Avenue.
Traffic Committee Recommendation:
That Stop signs and appropriate pavement markings be placed on east and
westbound approaches of South Garvey Avenue at Merced Avenue.
That the installation of the new traffic signal at the intersection of Merced
Avenue and South Garvey Avenue be included as part of the Fiscal Year
2009-2010 CIP Program.
That this report be forwarded to the City of Baldwin Park for their
concurrence to install advance warning signs and pavement marking on
eastbound South Garvey Avenue.
7) Miscellaneous - Environmental Management
a) BKK Landfill Site Quarterly Status Report
It is recommended that the City Council receive and file this report.
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Agenda material is available at www.westeovina.org
City Council Agenda for Ivry 6, 2008 •
D) CONSENT CALENDAR (continued)
7) Miscellaneous - Finance Department
b) 2007-08 Fiscal Year 3d Ouarter Budget Update
It is recommended that the City Council receive and file the budget update
report.
Miscellaneous — Fire Department
c) Weed Abatement 2008 — Various Citywide Locations
It is recommended that the City Council take the following actions.
1. Set June 3, 2008, as the date for the public hearing of any objections or
protests to said program. .
2. Approve the Weed Abatement Roll for the calendar year 2008, and
adopt the following resolution for the 2008 Weed Abatement Program.
RESOLUTION NO. - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
DECLARING ALL RUBBISH AND REFUSE UPON, AND ALL
WEEDS GROWING UPON SPECIFIED STREETS AND PRIVATE
PROPERTY WITHIN SAID CITY TO BE A PUBLIC NUISANCE
AND DECLARING ITS INTENTION TO REMOVE AND ABATE
THE SAME UNDER AND IN ACCORDANCE WITH THE
PROVISIONS OF TITLE 4, DIVISION 3, PART 2, CHAPTER 13,
ARTICLE 2, SECTIONS 39560 THROUGH 39588, OF THE
CALIFORNIA GOVERNMENT CODE
Miscellaneous - City Manager's Office
d) Letter Supporting AB 1836 — Infrastructure Finance Districts
It is recommended that the City Council support AB 1836, which allows
municipalities to form infrastructure finance districts and direct staff to
forward letters supporting AB 1836 to all State elected officials
representing the City of West Covina.
Miscellaneous — Fire Department
e) The 48/96-Work Schedule for the West Covina Firefighters' Association
It is recommended that the City Council authorize the Fire Department
48/96-work schedule as it relates to the City of West Covina and West
Covina Firefighters' Association Memorandum of Understanding.
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Agenda material is available at www.westeovina.org
City Council Agenda for May 6, 2008 •
D) CONSENT CALENDAR (continued)
7) Miscellaneous — Human Resources
f) Amendment to Memorandum of Understanding — West Covina
Firefighters' Association — Special Pay for Fire Investigator
It is recommended that the City Council approve the Amendment to
Section 19 Special Pay for Fire Investigator by adopting the following.
resolution:
RESOLUTION NO. - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING RESOLUTION NO. 2008-13 RELATING TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
AND THE WEST COVINA FIREFIGHTERS' ASSOCIATION, I.A.F.F.,
LOCAL 3226
ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-7f:
Motion by second by
to waive further reading of the resolution and adopt
and approve all items except:
ROLL CALL: Herfert, Hernandez, Sanderson, Touhey, Lane
END OF CONSENT CALENDAR
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Agenda material is available at www.westcovina.org
City Council Agenda for May 6, 2008
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E) PUBLIC HEARINGS
1) Public Hearing
FY 2008/2009 Community Development Block Grant (CDBG) Action Plan
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 2008-2009 CDBG Action Plan as outlined in the report.
Motion by
approve
2°d by
disapprove hold over
2) Public Hearing
FY 2008/2009 Community Development Block Grant (CDBG) Program
Public Service Project Funding
a) Verification of publication
b) Open hearing
c) Staff presentation
d) Public testimony
e) Close hearing
f) Council discussion
g) Recommendation: Staff recommends that the City Council:
1. Allocate $208,320 CDBG Funds to the Public Service Projects under staff
recommendation Column T in the report;
2. Direct staff to allocate any additional CDBG program income funding
received to the Domestic Violence Victim Advocate Program, not to
exceed the program's FY 2008-2009 CDBG request of 20,000; and
3. Direct staff to reduce funding allocations to all programs, on a percentage
basis, if the actual amount of program income received through June 30,
2008 is less than the projected $200,000.
Motion by
approve
2nd by
disapprove hold over
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Agenda material is available at www.westcovina.org
City Council Agenda for A y 6, 2008
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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
1) Councilmember Michael Touhey
Art In Public Places Fee Structure
Staff recommends that the City Council review the alternatives identified in the
staff report and provide direction to staff regarding a possible amendment to the
Art In Public Places Ordinance with respect to the payment of in -lieu fees.
Motion by 2"d by
to
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 Pro Tem Roger Hernandez
Request from Mayor Pro Tem Roger Hernandez Seeking the City Council's
Consensus to Review the Current Noise Ordinance
It is recommended that the City Council direct staff accordingly.
Motion by
to
2nd by
05/06/08
Agenda material is available at www.westcovina.org
• City Council Agenda for IylaY 6, 2008
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J) COUNCILMEMBER COMMENTS
ADJOURNMENT
Motion by
Tuesday May 20
Tuesday June 3
2"d by
to adjourn the meeting at
Tentative City Council Meetings
7:00 p.m. Council Chambers Regular Meeting
7:00 p.m. Council Chambers Regular Meeting
p.m.
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Agenda material is available at www.westcovina.org