02-17-2009 - RegularTuesday
February 17, 2009
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 Doug Wilson
Bethany Baptist Church
PLEDGE OF ALLEGIANCE Councilmember Lane
ROLL CALL Mayor Hernandez, Mayor Pro Tern Sanderson,
Councihnembers Herfert, Lane, Touhey
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS * Resolution of Commendation & City Tile Presentation
Retiring Police Sergeant Walt Hauser
* Check Presentation
Award of Target Stores Grant
West Covina Police Department
* Certificates of Recognition
Volunteers of the Year
Irene Fleck
Glenn Kennedy
* Presentation
Valley Light Industries
ANNOUNCEMENTS
* Certificates of Recognition
Junior High & High School Counselors AGn� pF
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City Council Agenda for February 17, 2009
RULES OF DECORUM
The following are excerpts fr•orn the West Covina Municipal Code:
Sec. 2-48. Manner of addressing council; time limit; persons addressing may be sword.
(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 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 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 ite"n or non -
agenda. Requests to speak on agenda items will be heard prior to requests to speak on non -
agenda items. All continents 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.
02/ 17/09 2
Agenda material is available at www.westcovitia.org
City Council Agenda for February 17, 2009
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 November 4, 2008
• Regular Meeting of November 4, 2008
• Regular Meeting of November 18, 2008
2) Claims Against the City of West Covina
Government Tort Claim Denials (deny & notify claimant)
It is recommended that the following Govermnent Tort Claims be denied and the
claimants and/or their respective attorneys be so notified.
• Progressive Insurance vs. City of West Covina
• Johnathan De La Cruz vs. City of West Covina
• Steven J. Lynn, Trustee of the Lynn Family Trust vs. City of West Covina
• Alethea Davis -Smith vs. City of West Covina
• Suchen Lee Lo vs. City of West Covina
3) Award of Bid
Rejection of Bids for Maintenance Contract for Heating, Ventilation, and Air
Conditioning Equipment at 23 City Locations
(Project No. WCM-HVAC-09)
It is recormnended that the City Council take the following actions:
1. Reject all bids.
2. Direct Staff to return to the City Council with HVAC service program options
that may reduce maintenance and operational costs.
3. Authorize Public Works to continue its current service contract on a month -to -
month basis with Allison Mechanical, the current vendor, at a negotiated cost
of $9,000 per month. This extension shall use existing available funding, and
be for a period of three to six months.
02/17/09 3
Agenda material is available at www westcovina. org
City Council Agenda for February 17, 2009
D) CONSENT CALENDAR (continued)
4) Miscellaneous - Finance Department
a) Surplus Equipment
It is recommended that the City Council authorize the sale of 52 City
surplus vehicles by public auction company, US Auctions, in accordance
with Section 2-316 of the West Covina Municipal Code.
Miscellaneous — Fire Department
b) Appropriation of Fire Department Training Funds
It is recorrunended that the City Council appropriate $11,947.63 from the
Fund Balance in the Fire Training Fund (Fund 219) into the Fire Training
Account (219.32.3210.6551) so these funds can be used for training
purposes this fiscal year.
Miscellaneous - Police Department
c) Los Angeles Radio Interoperable Communications System (LA-RICS)
Joint Powers Authority (JPA)
It is recommended that the City Council authorize the City Manager to
execute the agreement to join the Los Angeles Radio Interoperable
Conununications System (LA -RIGS) Joint Powers Authority.
d) Appropriation of Private Grant from Target Corporation for
Computer Investigations
It is recommended that the City Council appropriate the Target
Corporation grant, as follows:
0 $2,000 into 221.31.3130.6220.
ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-4d:
Motion by
second by
approve all items except:
ROLL CALL: Herfert, Lane, Sanderson, Touhey, Hernandez
END OF CONSENT CALENDAR
to
02/ 17/09 4
Agenda material is available at www.westcovina.org
City Council Agenda for February 17, 2009
E)
PUBLIC HEARINGS
1) Development of a Draft FY 2009-2010 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) Recominendation: It is recommended that the City Council direct staff to
develop a draft FY 2009-2010 CDBG Action Plan, which incorporates the
recommendations of the Commmunity Services and Senior Citizens
Cominissions, as detailed in Attaclunent No. 1 of the report.
Motion by 2nd by
to
2) Voluntary Ambulance Subscription Fee
a) Verification of publication
b) Open hearing
c) Staff presentation
d) Public testimony
e) Close hearing
f) Council discussion
g) Reconunendation: It is recommended that the City Council take the
following actions:
1. Approve the Voluntary Ambulance Subscription Program in concept,
2. Adopt the following resolution:
RESOLUTION NO. - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SETTING THE VOLUNTARY AMBULANCE SUBSCRIPTION FEE
3. Direct staff to implement the program as described.
Motion by 2nd by
to. waive further reading of the resolution, read by title only and adopt, and
approve the Program in concept and implement as described
approve disapprove hold over
COMMUNITY DEVELOPMENT COMMISSION
Recess the City Council meeting at p.m. to convene the CDC.
Reconvene the City Council meeting at p.m.
02/ 17/09 5
Agenda inaterial is available at www.westcovina.org
City Council Agenda for February 17, 2009
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 Councilbnembers 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.
COUNCILMEMBER COMMENTS
ADJOURNMENT
Motion by
Tuesday
Tuesday
02/17/09
2nd by
to adjourn the meeting at
Tentative City Council Meetings
March 3 7:00 p.m. Council Chambers Regular Meeting
March 17 7:00 p.m. Council Chambers Regular Meeting
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Agenda material is available at www.westcoviiia.org
p.m.