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07-01-2008 - RegularTuesday July 1, 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. 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 Pastor Kelly Dupee Faith Community Church PLEDGE OF ALLEGIANCE Councilmember Sanderson ROLL CALL Mayor Lane, Mayor Pro Tern Hernandez Councilmembers Herfert, Sanderson, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF 7 J / J COWAS POSTED IN ACCORDANCE WIjH THE 01X BROWN ACT AMENDMENT DATE[b OFFICE OF THE CITY CLERK ANNOUNCEMENTS Resolution of Commendation and City Tile Presentation Assistant City Manager Artie Fields Certificate of Recognition Ted Hamachi, Hurst Ranch Volunteer 32 Years of Volunteer Service Proclamation Parks and Recreation Month — July 2008 PowerPoint Presentation Big League Dreams Statistics C� City Council Agenda for July 1, 2008 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. 07/01 /08 2 Agenda material is available at www.westcovina.org • 0 City Council Agenda for July 1, 2008 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) • Special Meeting of March 4, 2008 • Regular Meeting of March 4, 2008 2) Commission Summary of Actions (receive & file) a) Community Services................................................................. 05/13/08 b) Human Resources..................................................................... 04/09/08 c) Senior Citizens Commission .................................. 04/24/08 & 05/22/08 3) Ordinance for Adoption (waive reading and adopt) Ordinance Imposing Residency Requirements and Loitering Prohibitions on Registered Sex Offenders This ordinance was introduced at the City Council meeting of June 17, 2008. This ordinance seeks to protect the residents of the City by restricting the places where multiple sex offenders may reside and by prohibiting sex offenders from loitering within 300 feet of places where children congregate. This ordinance will become effective 30 days after adoption on July 31, 2008. ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST COVINA MUNICIPAL CODE REPEALING SECTION 15-19 IN ITS ENTIRETY AND BY ADDING A NEW SECTION 15-19 TO INCLUDE RESIDENCY AND LOITERING RESTRICTIONS FOR SEX OFFENDERS 07/01 /08 3 Agenda material is available at www.westcovina.org City Council Agenda for July 1, 2008 D) CONSENT CALENDAR (continued) 4) Award of Bid a) Award of Bid for Golf Course and Related Infrastructure and Facilities (Project No. BP-08314) It is recommended that the City Council reject all proposals and direct staff to study other development options specifically item numbers 5 and 6 under Alternatives of the staff report. b) Award of Bid for the Custodial Maintenance and Janitorial Services of the Civic Center Buildings, Community Education Center, Fire Administration and Cameron Gym (Project No. 0108-A) It is recommended that the City Council: 1. Reject the bids as submitted on June 12, 2008 for custodial maintenance and janitorial services of the Civic Center buildings, Community Education Center, Fire Administration and the Cameron Gym. 2. Accept a five-year extension to the amended contract with Come Land Maintenance that includes a reduction in maintenance services from five days to four days a week for the City Hall and Fire Administration buildings with an annual amount of $110,004 and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement for the work to be performed. c) Award of Bid for Landscape Maintenance Contract for Maintenance Districts Nos. 1, 2, and 4 — Amendment No. I It is recommended that the City Council: 1. Reject the bids as submitted on March 11, 2008 for the landscape maintenance of Maintenance District Nos. 1, 2, and 4. 2. Approve a five-year contract extension to Azteca Landscape of Ontario effective July 1, 2008 with a 3.1 percent increase to the current contract amount for landscape maintenance services and authorize the Public Works Director/City Engineer and City Clerk to execute such contract. d) Award of Contract for Vending Machines in City Facilities and Parks (RFP No. 0408-A) It is recommended that the City Council accept the bid of California Vending Services and authorize the Community Services Director to execute an agreement with California Vending Services for vending machine services at various City facilities and park sites. 07/01 /08 4 Agenda material is available at www westcovina.org City Council Agenda for July 1, 2008 D) CONSENT CALENDAR (continued) 5) Traffic Committee Meeting Minutes of June 17, 2008 It is recommended that the City Council take the following actions. a. Accept and file the following minutes of the Traffic Committee meeting held on June 17, 2008. I. City Initiated That speed limits within the school safety zones be reduced from 25 miles per hour to 15 miles per hour. Traffic Committee Recommendation: That the following resolution to reduce the speed limit on streets adjacent to schools from 25 miles per hour to 15 miles per hour when children are going to and leaving the school be approved. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REDUCING THE SPEED LIMIT ON RESIDENTIAL STREETS ADJACENT TO SCHOOLS II. Shane Parker, West Covina Resident That speed humps be installed on the alley between Merced Place and Michelle Street east of Glendora Avenue. Traffic Committee Recommendation: That speed humps be installed on the alley between Merced Place and Michelle Street east of Glendora Avenue with the appropriate warning signs. b. Adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REDUCING THE SPEED LIMIT ON RESIDENTIAL STREETS ADJACENT TO SCHOOLS 6) City Treasurer's Report (receive & file) Report for the Month of May 2008 7) Miscellaneous - Risk Management a) Payment of FY 2008/09 Excess Liability Insurance Coverage and Approval of Continued Membership with the Big Independent Cities Excess Pool (BICEP) It is recommended that the City Council: 1. Authorize payment of the City's 2008/09 excess liability insurance coverage with the Big Independent Cities Excess Pool (BICEP) in the amount of $335,547 to be paid from account 361.15.1530.6411. 2. Approve West Covina's continued membership in BICEP for an additional three years beginning July 1, 2008. 07/01 /08 5 Agenda material is available at www.westcovina.org City Council Agenda for July 1, 2008 D) CONSENT CALENDAR (continued) 7) Miscellaneous - Risk Management (continued) b) Payment of FY 2008/09 Excess Workers' Compensation Insurance Coverage It is recommended that the City Council authorize payment of the City's 2008/09 Excess Workers' Compensation coverage with the Big Independent Cities Excess Pool (BICEP) in the amount of $61,931 to be paid from account 363.15.1530.6418. Miscellaneous — Public Works Department c) West Covina Landscape Maintenance District No. I — Setting of 2008- 2009 Assessment Rate It is recommended that the City Council adopt the following resolution, which includes a 3.5% rate increase from 11.42 cents to 11.652 cents per 100 dollars of assessed valuation. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE AMOUNT OF MONEY NECESSARY TO BE RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008 d) West Covina Landscape Maintenance District No. 2 — Setting of 2008- 2009 Assessment Rate It is recommended that the City Council adopt the following resolution, which includes a 2% rate increase from 6.06 cents to 6.18 cents per 100 dollars of assessed valuation. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE AMOUNT OF MONEY NECESSARY TO BE RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND FIXING THE TAX RATE FOR SAID MAINTENANCE DISTRICT FOR THE FISCAL YEAR BEGINNING JULY 1, 2008 Miscellaneous — Community Services Department e) Proposed "Go West" Fixed Route Change It is recommended that the City Council accept the recommendation of the Community Services Commission to approve the proposed change to the Green Line on the Go West fixed route effective September 1, 2008. 07/01 /08 6 Agenda material is available at www.westcovina.org City Council Agenda for July 1, 2008 D) CONSENT CALENDAR (continued) 7) Miscellaneous — Human Resources f) PERS Service Credit for Department Heads It is recommended that the City Council: 1. Approve the PERS Resolution authorizing two years of service credit for eligible members; 2. Approve the PERS certification document that the City is in compliance with Government Code Section 20903, which describes the criteria for the recommended Resolution; and 3. Approve the designation period for eligible employees to retire with two years of PERS service credit to be from June 18, 2008 to September 18, 2008. g) Revised Salary Range for the Limited Services Classifications of Day Care Teacher and Dav Care Director It is recommended that the City Council approve salary adjustments for the limited services positions of Day Care Teacher and Day Care Director by the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, RELATED TO THE SALARY SCHEDULE FOR LIMITED SERVICES CLASSIFICATIONS OF DAY CARE TEACHER AND DAY CARE DIRECTOR AMENDING THE SALARY SCHEDULE IDENTIFIED IN RESOLUTION NO. 2006-98 FOR DAY CARE TEACHER AND DAY CARE DIRECTOR. THE COMPENSATION OF THE OTHER LIMITED SERVICES CLASSIFICATIONS IDENTIFIED IN RESOLUTION NO.2006-98 REMAIN THE SAME. Miscellaneous — Public Works Department h) Water Conservation Implementation — Citywide 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, FINDING THAT A WATER SHORTAGE EXISTS AND IMPLEMENTING A VOLUNTARY WATER CONSERVATION PROGRAM TO REDUCE WATER CONSUMPTION ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-7h: Motion by second by to waive further reading of the resolutions/ordinance and adopt, and approve all items except: ROLL CALL: Herfert, Hernandez, Sanderson, Touhey, Lane END OF CONSENT CALENDAR 07/01 /08 7 Agenda material is available at www.westcovina.org 0 City Council Agenda for July 1, 2008 • E) PUBLIC HEARINGS 1) Appeal Hearing Appeal of Reconsideration of Precise Plan No. 08-01, Condition Regarding Street Repaving Fees Location: 1211 E. Badillo Street Appellant: Mel Gaines — Faith Community Church a) Verification of notification b) Open Hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: Staff recommends that the City Council reduce the original street rehabilitation fee of $70,000 by 50 percent to $35,000. Motion by 2nd by approve disapprove hold over 2) Public Hearing West Covina Auto Plaza Business Improvement District 2008-2009 Annual Report and Assessment a) Verification of notification b) Open Hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) 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 ANNUAL REPORT FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2008-2009 Motion by 2nd by to waive further reading of the resolution, read by title only and adopt disapprove hold over 07/01 /08 8 Agenda material is available at www.westcovina.org 0 City Council Agenda for July 1, 2008 E) PUBLIC HEARINGS (continued) 3) Public Hearing Amendment to the FY 2008-2009 Community Development Block (CDBG) Action Plan 4) 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 amendment to the FY 2008-2009 CDBG Action Plan to include $60,000 for the construction of wheelchair ramps at various locations for handicap accessibility. Motion by 2nd by approve disapprove hold over Public Hearing West Covina Citywide Sewer Service Charge a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing fj Council discussion g) Recommendation: It is following resolution: recommended that the City Council adopt the RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE RATE AND AUTHORIZING THE COLLECTION OF THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL Motion by 2nd by_ to waive further reading of the resolution and adopt disapprove hold over 07/01 /08 9 Agenda material is available at www. westcovina.org City Council Agenda for July 1, 2008 E) PUBLIC HEARINGS (continued) 5) Public Hearing Declaration of Property Nuisance and Confirmation of Cost Report — Abandoned Property - Swimming Pool Abatement 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 make the following declaration: THAT 1200 EAST SWANEE LANE, WEST COVINA, A SINGLE- FAMILY RESIDENCE, CONSTITUTES A PUBLIC NUISANCE DUE TO THE CONDITION OF THE WATER IN THE SWIMMING POOL AND IS SUBJECT TO ABATEMENT BY DRAINING THE SWIMMING POOL AND CONFIRMATION OF COST REPORT Motion by 2nd by approve 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. G) DEPARTMENTAL MATTERS No reports for this meeting. H) MAYOR/COUNCILMEMBERS REPORTS 1) Mayor Pro Tem Roger Hernandez City Co -Sponsored Veterans' Day and Memorial Day Events It is recommended that the City Council provide staff with direction regarding proposed events. Motion by to 2nd by 07/01 /08 10 Agenda material is available at www. westcovina.org City Council Agenda for July 1, 2008 H) MAYOR/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.) 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) Councilmember Steve Herfert Request from Councilmember Steve Herfert Seeking the City Council's Consensus to Prepare a Resolution Opposing the Proposed Congestion Pricing Plan (Toll Roads) Along Interstate 10 and 210 It is recommended that the City Council direct staff accordingly. Motion by to 2nd by 2) Mayor Pro Tem Roger Hernandez Request from Mayor Pro Tem Roger Hernandez Seeking the City Council's Consensus to Instruct City Staff to Prepare a Report Supporting SB1420 (Padilla) — Reauiring Nutritional Information on Menus and Menu Boards It is recommended that the City Council direct staff accordingly. Motion by to 2nd by 3) Mayor Pro Tem Roger Hernandez Request from Mayor Pro Tem Roger Hernandez Seeking the City Council's Consensus to Instruct City Staff to Study the Development of an Annual Multi -City Reiional Bicvcle Ride It is recommended that the City Council direct staff accordingly. Motion by to 2nd by 07/01 /08 11 Agenda material is available at www.westcovina.org City Council Agenda for July 1, 2008 0 J) COUNCILMEMBER COMMENTS ADJOURNMENT Motion by 2nd by to adjourn the meeting at Tentative City Council Meetings Tuesday July 15 7:00 p.m. Council Chambers Regular Meeting Tuesday August 5 7:00 p.m. Council Chambers Regular Meeting 07/01/08 12 Agenda material is available at www.westcovina.org p.m.