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11-18-2008 - Regular0 Tuesday November 18, 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 Thursday. 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 Jimmy Han Good News Chapel PRESENTATION OF COLORS PLEDGE OF ALLEGIANCE Councilmember Touhey ROLL CALL Mayor Lane, Mayor Pro Tern Hernandez Councilmembers Herfert, Sanderson, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS * Certificates of Recognition — City Sponsors John Hughes Rod Perryman ANNOUNCEMENTS 1 amfffDIiATACOPY OFRECMMAGM FOR CC T' IEUEUNG OF / I I 710WAS POSTED W offiDEOWMNACTAMMEW AG DCAr/—/-4 -0 CITIt • • City Council Agenda for November 18, 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. 11/18/08 2 Agenda material is available at www.westcovina.org • • City Council Agenda for November 18, 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) No minutes for this meeting. 2) Commission Summary of Actions (receive & file) a) Planning.................................................................. 11/11/08 3) Claims Against the City of West Covina Government Tort Claim Denials (deny & notify claimant) It is recommended that the City Council deny the following Government Tort Claims and the claimants and/or their respective attorneys be so notified. • Sergio Murillo, Lisa Hallbrook & Essurance vs. City of West Covina • Tina Nguyen vs. City of West Covina • Macrina Barraza vs. City of West Covina • Oscar E. Perez, Jr. II vs. City of West Covina 4) Award of Bid Award of Bid for Construction of Sidewalks at Various Locations — (Proiect No. SP-08106) It is recommended that the City Council accept the bid of Ruiz Engineering Co., in the amount of $37,672.50 as submitted on November 5, 2008, and authorize the Public Works Director/City Engineer to execute the contract. 5) Miscellaneous — Finance Department Finance Department a) Clarification Resolution on Existing Pre-tax Deductions for Retirement Service Credit Purchases 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 PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14) 11/18/08 3 Agenda material is available at www.westcovina.org • • City Council Agenda for November 18, 2008 D) CONSENT CALENDAR (continued) 5) Miscellaneous — Risk Management b) Workers' Compensation Claims Administration Contract Extension It is recommended that the City Council approve an amendment to the existing Workers' Compensation Service Agreement between the City of West Covina and CorVel Enterprise Comp, Inc., which would extend the City's current service rate for one additional year, beginning January 1, 2009 and ending December 31, 2009, pursuant to the terms and conditions set forth in the amendment. Miscellaneous — Community Services Department c) Request for Maverick Field Lighting and Fee Waiver for the Cory Lidle Memorial Tournament It is recommended that the City Council authorize the use of Maverick Field lights on Sunday, November 30, 2008 for the Cory Lidle Memorial Tournament. ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-5c: 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 E) PUBLIC HEARINGS No hearings for this meeting. F) COMMUNITY DEVELOPMENT COMMISSION No meeting scheduled. 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) 11/18/08 4 Agenda material is available at www.westcovina.org 0 City Council Agenda for November 18, 2008 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) CITY COUNCIL REORGANIZATION 1) Presentation of Mayoral Plaque to Mayor Sherri Lane 2) Council Reorganization 3) Oath of Incoming Mayor 4) Designation of Alternate to Los Angeles County Sanitation District ADJOURNMENT Motion by Tuesday Tuesday 11/18/08 2nd by to adjourn the meeting at Tentative City Council Meetings December 2 7:00 p.m. Council Chambers Regular Meeting December 16 7:00 p.m. Council Chambers Regular Meeting 5 Agenda material is available at www.westcovina.org p.m.