07-21-2009 - RegularTuesday
July 21, 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 wipw.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 Reverend Alexandra Conrads
St. Martha's Episcopal Church
PLEDGE OF ALLEGIANCE Councilrnember Herfert
ROLL CALL Mayor Hernandez, Mayor Pro Tern Sanderson,
Councilrnembers Herfert, Lane, Touhey
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS * Presentation
Gautam Dutta, Deputy Director
Political Reform Programs
New America Foundation on Choice Voting
CERTIFY THAT A COPY OF THE COUNCIL AGE FOR
1 C
ANNOUNCEMENTS E EETING OF 71-1t 1 "WAS POSTED IN
AC RDANCE Y KII71E 1j67 BROWNACT AN�NIEM
D
OF E OF E CITY CLERK
City Council Agenda for July 21, 2009
RULES OF DECORUM
The following are excerpts fi-om 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 swori 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 fi-om 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 Conunission 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 all agenda itent 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.
07/21 /09 2
Agenda material is available at www.westeovitia.org
City Council Agenda for July 21, 2009
A) ORAL COMMUNICATIONS — Five (5) minutes per speaker
Please step forward to the podium and state your dame and city of residence for the
record when recognized by the Mayor.
Per Resolution No. 2009-25 adopted June 2, 2009, when the titles of ordinances and
resolutions appear on the City Council agenda, they shall be deemed to have been read by
title and further reading is waived.
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
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll
call vote. There will be no separate discussion of these items unless members of the City Council request
specific items to be removed from the Consent Calendar for separate action.
1) City Council Meeting Minutes (receive & file)
No reports for this meeting.
2) Award of Purchase
Cardiovascular Fitness Equipment — Award of Purchase
It is recommended that the City Council approve an award of purchase to
Customized Fitness of Los Angeles, California, to provide fitness equipment for
the West Covina Fire Department's Wellness and Fitness Program, in the amount
not to exceed $69,201.95
3) Commission Summary of Actions (receive & file)
Planning Commission .................................................. 06/23/09 & 07/14/09
4) Miscellaneous — Police Department
a) 2008 Supplemental Law Enforcement Services Fund (SLESF) Grant
It is recommended that the City Council:
1. Accept the Supplemental Law Enforcement Services Fund (SLESF)
grant, and appropriate the $111,331 grant as follows:
• $25,000 into 155.31.3110.5113 (for supplemental police overtime)
• $30,000 into 155.31.3110.6120 (for Graffiti Tracker)
• $56,331 into 155.31.3110.6220 (for police supply items)
07/21 /09 3
Agenda Material is available at www.ivesteovina.org
City Council Agenda for July 21, 2009
D) CONSENT CALENDAR (continued)
4) Miscellaneous — Finance Department
b) Identity Theft Prevention Program
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,
ESTABLISHING AN IDENTITY THEFT PREVENTION PROGRAM
c) First Amendment to Telecommunication Network License and
Encroachment Agreement with Next G Networks
It is recommended that the City Council:
1. Approve the First Amendment to Telecommunications Network
License and Encroachment Agreement with Next G to encroach upon
and occupy a portion of the Public Right -of -Way for the limited
purpose of constructing, installing, operating, and maintaining licensed
communications equipment to provide service to wireless carriers.
2. Authorize Licensee to attach telecommunications nodes to certain
identified traffic lights or streetlight poles.
3. Authorize the City Manager to execute the Amended License and
Encroachment Agreement.
d) Approve Project and Funding to Move the City Fire Department
Operations to the Ultra High Frequency Radio Band
It is recommended that the City Council take the following actions:
1. Approve the proposed project to move the West Covina Fire
Department operations from VHF to a UHF radio frequency and move
Public Works Maintenance operations to a VHF frequency from a
UHF radio frequency.
2. Approve a change order to the City's existing contract with Motorola
Inc. for the new public safety radio system in the amount of
$166,770.29, including sales tax for equipment to accomplish this
project. Prices are based on Los Angeles County Contract 43070
dated July 1, 2007, valid through June 30, 2010.
3. Appropriate $117,000 from the City Capital Improvement Fund (160).
Miscellaneous — Human Resources Department
e) Contract Amendments:
Police Officers' Association (POA)
Police Management Association (PMA)
It is recommended that the City Council approve the following resolution:
RESOLUTION NO. - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING RESOLUTION NO. 2008-12, RELATING TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
AND THE WEST COVINA POLICE OFFICERS' ASSOCIATION;
AND AMENDING RESOLUTION NO. 2008-53, RELATING TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
AND THE WEST COVINA POLICE MANAGEMENT ASSOCIATION
07/21 /09 4
Agenda material is available at www.ivestcoviiia.org
City Council Agenda for July 21, 2009
D) CONSENT CALENDAR (continued)
4) Miscellaneous — Public Works Department
f) Implementation of Paid Parking at the Civic Center
It is recommended that the City Council:
1. Approve the Civic Center paid parking program as presented.
2. Appropriate funds in the amount of $110,000 from Fund 110 to begin
implementation of this program as necessary.
3. Approve the purchase or lease of six (6) pay per space units and
related equipment from the firm of Pacific Parking Systems.
g) West Covina Landscape Maintenance District No. 1—
Setting of 2009-2010 Assessment Rate
It is recommended that the City Council adopt the following resolution,
which includes a 2.0% rate increase from 11.65 cents to 11.88 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 FUNDS 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, 2009
h) West Covina Landscape Maintenance District No. 2 —
Setting of 2009-2010 Assessment Rate
It is recommended that the City Council adopt the following resolution that
includes a 2% rate increase from 6.18 cents to 6.30 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 FUNDS 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, 2009
i) Recycled Water Reservoir Site Lease Agreement with Upper San
Gabriel Vallev Municipal Water District
It is recommended that the City Council authorize the City Manager to
execute a lease agreement with the Upper San Gabriel Valley Municipal
Water District for the construction of a two million gallon recycled water
reservoir.
07/21 /09 5
Agenda material is available at wwmwestcovina.org
City Council Agenda for July 21, 2009
D) CONSENT CALENDAR (continued)
4)
Miscellaneous — Public Works Department (continued)
j) Transfer of Storm Drain Improvements to the Los Angeles County
Flood Control District (West Covina Heights Project)
It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE LOS
ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE
OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT THE
TRANSFER AND CONVEYANCE OF THE STORM DRAIN
IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER
DRAIN NO. 1738 IN THE CITY OF WEST COVINA FOR FUTURE
OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND
AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF
RESOLUTION NO. - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZE THE CITY MANAGER AND CITY CLERK TO
EXECUTE A QUIT CLAIM DEED IN FAVOR OF THE LOS
ANGELES COUNTY FLOOD CONTROL DISTRICT
k) Change Order to Residential Street Rehabilitation -
Pro iect No.. SP-09105 (Annual Program)
It is recommended that the City Council take the following actions:
1) Approve the extra work done by Gentry Brothers, Inc. in the amount
of $276,015.30 and authorize the Public Works Director/City Engineer
to execute a change order with Gentry Brothers, Inc. for the additional
work.
2) Transfer $15,000 from Project No. SP-08108 (Account No.
126.81.8843.7200) to Project No. SP-09105 (Account No.
126.81.8924.7200).
1) Unauthorized Bins, Roll -offs, and/or Containers
It is recommended that the City Council introduce the following ordinance
modifying the City of West Covina Municipal Code Sections 12-16, 12-
17, and 12-20 to declare the placement or use of bins, roll -offs, or other
containers to store and/or transport solid waste and recyclable material in
violation of Section 12-17(a), as unlawful, and authorize the Public Works
Director to impound such bins, roll -offs, or other containers and fine the
offender(s).
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 12, ARTICLE II,
SECTIONS 12-16, 12-17, AND 12-20 OF THE WEST COVINA
MUNICIPAL CODE RELATING TO USE AND PLACEMENT OF
UNAUTHORIZED BINS, ROLL -OFFS, AND/OR CONTAINERS
07/21 /09 6
Agenda material is available at www. westeovina.org
City Council Agenda for July 21, 2009
D) CONSENT CALENDAR (continued)
5) Councilmember Reports
Councilmember Michael Touhey
Renaming of Street Entering the Civic Center after Judge/Mayor Robert O.
Young
It is recommended that the City Council approve the renaming of the entrance into
the Civic Center after Judge/Mayor Robert O. Young and signage Option # 1 in the
staff report.
ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-5:
Motion by second by
to introduce/adopt resolutions/ordinances as recommended
and approve all items except:
ROLL CALL: Herfert, Lane, Sanderson, Touhey, Hernandez
END OF CONSENT CALENDAR
07/21 /09 7
Agenda material is available at www.westcovina.org
City Council Agenda for July 21, 2009
E) PUBLIC -HEARINGS
1) Public Hearing
West Covina Citywide Sewer Service Charge
The purpose of this public hearing is to adopt a schedule of charges to fund the
maintenance and operation of the City's sewer system and implement the
collection of the sewer service charge as part of the annual County Secured
Property Tax Bill.
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 adopt the
following resolution:
2)
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
2„ d by
adopt disapprove hold over
Public Hearing
Fees & Charges
a) Verification of publication
b) Open hearing
c) Staff presentation
d) Public testimony
e) Close hearing
0 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
AND INCREASING CERTAIN FEES
Motion by 2" d by
adopt disapprove hold over
07/21 /09 8
Agenda Material is available at www westcovina.org
City Council Agenda for July 21, 2009
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
PLANNING. DEPARTMENT
1) Code Amendment No. 08-06
Mobile Food Vendors
The Planning Commission and Staff recommend that the City Council introduce
the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 14 (LICENSES AND
BUSINESS REGULATIONS) AND CHAPTER 26 (ZONING) OF THE WEST
COVINA MUNICIPAL CODE RELATING TO MOBILE FOOD VENDORS
(CODE AMENDMENT NO. 08-06)
Motion by 2" d by_
to introduce the ordinance as recommended
introduce disapprove hold over
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)
If applicable, Councilmembers may make a verbal report at this time.
07/21 /09 9
Agenda material is available at www.westcovitia.org
City Council Agenda for July 21, 2009
I) COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR
INVESTIGATIONS
(Per City of West Covina Standing Rules 4.f — Requests by Councibnembers 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
07/21 /09
2nd by
to adjourn the meeting at
Tentative City Council Meetings
p.m.
August 4 National Night Out No City Council Meeting
August 18 7:00 p.m. Council Chambers Regular Meeting
10
Agenda material is available at www.westcovina.org