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08-18-2009 - RegularTuesday August 18, 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 wwmwestcovina.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 (fTY) 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 PLEDGE OF ALLEGIANCE Councilmember Lane ROLL CALL Mayor Hemandez, Mayor Pro Tent Sanderson, Councilmembers Herfert, Lane, Touhey REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS I CEHI"IMTACOPf OFTHE COIJNCtL AGENDAFO1 THE MEETING OF P119'101 WAS THE 01187 BROWN ACfCfD IAMENDWX MOF 3oq,,0 1TTYCLEAR ANNOUNCEMENTS * Presentation Gautam Dutta, Deputy Director Political Reform Programs New America Foundation on Choice Voting Certificates of Recognition - American Little League Cardinals City Major Tournament Champions - American Little League Padres City Minor Tournament Champions Certificates of Recognition - National Little League District 19, 11-12 Year -Olds All-star Champions City Council Agenda for August 18, 2009 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. 2/50) 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 itene 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. 08/18/09 Agenda material is available at www.)vestcovina.org City Council Agenda for August 18, 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. 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 minutes for this meeting. 2) Commission Summary of Actions (receive & file) a) Community Services..........................................................03/10/09 & 04/14/09 b) Senior Citizens Commission .............................................. 02/26/09 & 04/23/09 c) Planning Commission........................................................................... 08/11/09 3) Claims Against the City of West Covina Government Tort Claim Denials (deny & notify claimant) It is recommended that the following Government Tort Claims be denied and the claimants and/or their respective attorneys be so notified. • Mary Ann Bedell vs. City of West Covina • Ruben Asencio vs. City of West Covina • Mal Yerasi vs. City of West Covina • Christopher Lawrence Salyers vs. City of West Covina • Jose Rosales vs. City of West Covina • Diane Lai vs. City of West Covina • Luis Antonio Villa vs. City of West Covina 08/18/09 3 Agenda material is available at www.westeavitia.org City Council Agenda for August 18, 2009 D) CONSENT CALENDAR (continued) 4) Ordinance for Adoption Ordinance for Adoption Unauthorized Bins, Roll -Offs, and/or Containers This ordinance was introduced at the City Council meeting on July 21, 2009. This ordinance will authorize the Public Works Director or his/her designee to remove unauthorized bins and roll -offs placed on private and public property. The ordinance will become effective 30 days after adoption on September 17, 2009. It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. - 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 5) Award of Purchase Award of Bid for the Purchase of Five Ford Escape Hybrid Vehicles with Air Quality Management District (AOMD) Funds It is recommended that the City Council authorize the purchase of five 2009- model Ford Escape Hybrid vehicles from Wondries Fleet Group for a total cost of $150,170.39 including sales tax and standard warranty. 6) Traffic Committee Minutes of July 21, 2009 Meeting a. Accept and file the following minutes of the Traffic Committee Meeting on July 21, 2009. L City Initiated That speed limit for Azusa Avenue from south Garvey Avenue to the northerly City limit be established at 40 miles per hour. Traffic Committee Recommendation: That speed limit be established at 40 miles per hour on Azusa Avenue from south Garvey Avenue to the northerly City limit and cause an ordinance to be adopted amending Section 22-132 of the West Covina Municipal Code. If. Citylnitiated That speed limit for Shakespeare Drive from Nogales Street to Shadow Oak Drive be established at 35 miles per hour. Traffic Committee Recommendation: That speed limit be established at 35 miles per hour on Shakespeare Drive from Nogales Street to Shadow oak Drive and cause an ordinance to be adopted to amend Section 22-131 of the West Covina Municipal Code. III. Christina Martinez, West Covina Resident That no parking on street sweeping days be implemented on Ardilla Avenue from Clydewood Avenue to Charming Street on the first and third Tuesday of each month from 7:00 a.m. to 3:30 p.m. Traffic Committee Recommendation: That no parking on street sweeping days be implemented on Ardilla Avenue from Clydewood Avenue to Charming Street on the first and third Tuesday of each month from 7:00 a.m. to 3:30 p.m. Item D-6 continues on the next page 08/ 18/09 4 Agenda material is available at www.westcovina.org City Council Agenda for August 18, 2009 D) CONSENT CALENDAR (continued) 6) Traffic Committee Minutes of July 21, 2009 — (accept & file) [continued] IV. Teresa Marquez, Merlinda Elementary School Principal That a passenger -loading zone for school days be established at Merlinda Elementary School on the east side of Valinda Avenue between the southerly and northerly entrances to the school's parking lot. Traffic Committee Recommendations: That a passenger -loading zone for school days be established at Merlinda Elementary School on the east side of Valinda Avenue between the southerly and northerly entrances to the school's parking lot. That No Pedestrian Crossing sign (R9-3a) and Use Crosswalk sign (R9- 3b) be posted on the east side of Valinda Avenue adjacent to Merlinda Elementary School. b. It is recommended that the City Council introduce the following ordinance to establish a speed limit of 40 miles per hour on Azusa Avenue from South Garvey Avenue to the northerly City limit and amend Section 220132 of the West Covina Municipal Code relating to decrease of state law maximum speeds: (Refers to Traffic Committee Item 1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-132 OF THE WEST COVINA MUNICIPAL CODE RELATING TO DECREASE OF STATE LAW MAXIMUM SPEEDS c. It is recommended that the City Council introduce the following ordinance to establish a speed limit of 35 miles per hour on Shakespeare Drive from Nogales Street to Shadow Oak Drive and amend the Section 22-132 of the West Covina Municipal Code relating to decrease of state law maximum speeds: (Refers to Traffic Committee Item 11) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-132 OF THE WEST COVINA MUNICIPAL CODE RELATING TO DECREASE OF STATE LAW MAXIMUM SPEEDS 7) City Treasurer's Report (receive & file) Report for the Month of June 2009 8) Miscellaneous — Finance Department a) First Amendment to Telecommunication Network License and Encroachment Agreement with Next G Networks It is recommended that the City Council take the following actions: 1. Approve the First Amendment 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 First Amendment Telecommunications Network License and Encroachment Agreement and to approve any future phases and proposed node locations. 08/18/09 5 Agenda material is available at www.westeovina.org City Council Agenda for August 18, 2009 D) CONSENT CALENDAR (continued) 8) Miscellaneous — Finance (continued) b) Prop A Fund Exchange - City of Commerce It is recommended that the City Council approve the agreement authorizing the sale of Prop A Funds to the City of Commerce. Miscellaneous — Fire Department c) Medical Evaluations — Award of Professional Services It is recommended that the City Council approve an award to retain the professional services of Concentra Mobile Health Services of Houston, Texas, to provide medical evaluations for the West Covina Fire Department's Wellness and Fitness Program, in an amount not to exceed $39,440.00. Miscellaneous — Human Resources Department d) Contract Amendments - Firefighters' Association (FFA) Fire Management Association (FMA) 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, AMENDING RESOLUTION NO. 2008-13, RELATING TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA FIREFIGHTERS' ASSOCIATION AND RESOLUTION NO. 2008-64 RELATING TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA FIRE MANAGEMENT ASSOCIATION e) Contract Approval — Miscellaneous Employee Bargaining Units 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, ADOPTING THE PROPOSED MEMORANDUMS OF UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA MID -MANAGEMENT, CONFIDENTIAL, AND MAINTENANCE AND CRAFTS EMPLOYEES' ASSOCIATIONS; AND THE GENERAL EMPLOYEES' ASSOCIATION (REPRESENTED BY THE SAN BERNARDINO PUBLIC EMPLOYEES' ASSOCIATION (SBPEA) Miscellaneous - Public Works Department f) Maintenance of Heating, Ventilation, and Air Conditioning Euuioment Contract Extension (Project No. WCMHVAC-02) It is recommended that the City Council authorize the Public Works Director/City Engineer to approve a contract with Allison Mechanical for a negotiated annual contract for the amount of $108,360, and authorize the Public Works Director/City Engineer and City Clerk to execute the contract extension to provide Heating, Ventilation, and Air Conditioning (HVAC) maintenance services at City facilities for a period of five years with renewal options. 08/ 18/09 6 Agenda material is available at www. westcovina org City Council Agenda for August 18, 2009 ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 through D-8f: 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 E) PUBLIC HEARINGS No hearings for this meeting. 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 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. 08/18/09 17 Agenda material is available at www. westeovina org City Council Agenda for August 18, 2009 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. COUNCILMEMBER COMMENTS ADJOURNMENT Motion by Tuesday Tuesday 08/ 18/09 2nd by to adjourn the meeting at Tentative City Council Meetings September 1 7:00 p.m. Council Chambers Regular Meeting September 15 7:00 p.m. Council Chambers Regular Meeting 8 Agenda material is available at www.we.vtcovina.org p.m.