12-07-2010 - RegularI CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR
THE MEETING OF /2 / o7/zo/oWAS POSTED IN
A CORDANCE WITH THE 01/87 BROWN ACT AMENDMENT
D: /.2-02-.Zo/O
OF TH IlY C
E S 1 ON FFl LERK
CITY OF WESTCOVINA
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
TUESDAY DECEMBE 07, 2010, 7:00 PM
REGULAR JOI MEETING
CITY HALL COUN IL CHAMBERS
1444 W. GARV Y AVENUE
WEST COVINA, CA IFORNIA 91790
Mayor/Chairman S
Mayor Pro Tem/Vice Ct
Councilmember/Comm
Councilmember/Commis
Please turn off all cell phones and other electronic
.ley Sanderson
-man Steve Herfert
ioner Sherri Lane
ner Michael Touhey
prior to entering the Council Chambers
AMERICANS WITH DISABILITIES ACT
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) 960-4 22 (TTY) from 8 to 5 Monday through Thursday. Do
call at least one day prior to the meeting date to info us of your particular needs and to determine if
accommodation is possible. For sign language interpreter s rvices at Council meetings, please request no less than
four working days prior to the meeting.
AGENDA MATERIAL
Agenda material is available for review at the City Cler 's Office, Room 317 in City Hall, 1444 W. Garvey
Avenue, West Covina and at www.westcovina.org. Any writings or documents regarding any item on this agenda,
not exempt from public disclosure, provided to a majority o the City Council that is distributed less than 72 hours
before the meeting, will be made available for public inspec lion in the City Clerk's Office, Room 317 of City Hall
located at 1444 W. Garvey Avenue, West Covina, during no -mal business hours.
NOTICE
The City Council/Community Development Commission will regularly convene in joint session on the first and
third Tuesday of the month. The West Covina Public Fi ancing Authority and The West Covina Community
Services Foundation are agencies on which the City Council serves as members. Agendas may contain items for
these boards, as necessary.
PUBLIC COMMENTS
(Per WCMC 2-48, Ordinance No. 21 SO)
Any person wishing to address the City Council/Communi y 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 speak'ng on an agenda itena 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 maybe limited to thirty (30) min
not concluded.
Any testimony or comments regarding a matter set for a P
RULES OF DECORUM
Excerpts from the West Covina Municipal Code and Penal
found at the end of the agenda.
unless speakers addressing agenda items have
Hearing will be heard during the hearing.
pertaining to the Rules of Decorum will be "
Tuesday December 07, 2010
AGEN A
CITY OF WES . COVINA
CITY CO NCIL
COMMUNITY DEVELOPMENT COMMISSION
TUESDAY DECEMBER 07, 2010, 7:00 PM
REGULAR JOINT MEETING
INVOCATION
Pastor Doug Wilson
Bethany Baptist Church
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
* Certificates of Recognition '
West Covina Police Explorers
*Presentation
California Cities Contract Association
* Presentation
Upper San Gabriel Valley Municipal Water
* Presentation
HOV Presentation by CalTrans
ORAL COMMUNICATIONS - Five (5) minutes
Please step forward to the podium and state your name and cis
Mayor.
of residence for the record when recognized by the
CONSENT CALENDAR - City Council/CDC
All matters listed under CONSENT CALENDAR are considere to be routine and can be acted on by one roll call
vote. There will be no separate discussion of these items unles members of the City Council/Community
Development Commission request specific items to be remove from the Consent Calendar for separate discussion or
action,
APPROVAL OF MEETING MINUTES (receive & file)
1) Regular Joint City Council/CDC Meeting inutes of November 16, 2010
2
Agenda material is available at ww.westcovina.org
Tuesday December 07, 2010
COMMISSION SUMMARY OF ACTIONS (
2) Community Services Commission - 09/1
3) Senior Citizens Commission - 08/26/10
AWARD OF BID
4) Award of Bid for Citywide Landscape
Commercial Zones, Sidewalks, Tree Wel
It is recommended that the City Council aca
in the amount of $906,520.00 for a 5-year
October 19, 2010, and authorize the Public
contract with Mariposa Landscape of Irwind
Citywide medians, right-of-ways, commen
areas.
TREASURER'S REPORT (receive & file)
5)
6)
7)
City Treasurer's Report for the Month of
City Treasurer's Report for the Month of
& file)
Maintenance of Medians, Right of Ways,
and Other Areas
pt Option 1 proposal of Mariposa Landscape
:ontract, as submitted at the bid opening on
forks Director/City Engineer to execute such
ile, California for Landscape Maintenance of
ial zones, sidewalks, tree wells, and other
her 2010
ber 2010
CDC Treasurer's Report for the Month oflSeptember 2010
8) CDC Treasurer's Report for the Month
HUMAN RESOURCES - Miscellaneous
9) Ordinance - Retirement Benefit - Mis
In order to implement the change in retiree
miscellaneous employees entering memb,
classification, as previously approved in
City's Last Best and Final Offer with
recommended that the City Cou
ORDINANCE NO. AN ORD]
CITY OF WEST COVINA, CALIFORNI,
THE CONTRACT BETWEEN THE Cl'
COVINA AND THE BOARD OF AD
PUBLIC EMPLOYEES' RETIREMENT S'
10) Approval of Revised Class Specification
ber 2010
Employees
ent benefit from 2.5% @ 55 to 2% @ 60 for
ship for the first time in the miscellaneous
ie Memorandums of Understanding and the
five miscellaneous bargaining units, it is
cil adopt the following Ordinance:
ANCE OF THE CITY COUNCIL OF THE
AUTHORIZING AN AMENDMENT TO
COUNCIL OF THE CITY OF WEST
INISTRATION OF THE CALIFORNIA
iTEM
r Public. Works Project Supervisor
It is recommended that the City Council) approve the revised class specification for
Public Works Project Supervisor, y adopting the following Resolution:
RESOLUTION NO. - A RI
THE CITY OF WEST COVINA, 1
SPECIFICATION FOR PUBLIC WORKS
OLUTION OF THE CITY COUNCIL OF
�LIFORNIA, REVISING THE CLASS
ROJECT SUPERVISOR
3
Agenda material is available at
westcovina.org
• Tuesday December 07, 2010
POLICE DEPARTMENT - Miscellaneous
11) West Covina Service Group Computer Vi
Forfeiture Funds
Project Purchases from Asset
It is recommended that the City Council authorize the purchase of computer virtualization
equipment (including a server assembly, storage array, software, support and licensing)
directly from Dell Computers Inc, under Western States Contract Alliance contract pricing
agreement #WN99ABZ, totaling $75,803.07 including tax, using already appropriated
federal asset forfeiture funds, in account 117.11.3119.7160.
PUBLIC WORKS - Miscellaneous
12) Change Order to the RMA Group, Inc. �P-09111)
onsultant Services for Materials Testing
and Asphalt Plant Inspection (Project No.
It is recommended that the City Council tak6 the following actions:
1. Approve and ratify the extra work done by RMA Group, Inc. in the amount of
$27,656.25 and authorize the Publi Works Director/City Engineer to execute a
change order with RMA Group, Inc
2. Authorize a change order to Purc ase Order No. 10-00470 in the amount of
$27,656.25 from Account No. 229. 1.8040.7200 (Rubberized Asphalt Concrete
Grant).
ACTION ON CONSENT CALE
Motion by se
to approve all items listed on the
except:
ROLL CALL: Herfert, Lane,
ITEMS REMOVED FROM THE CONS
SEPARATE ACTION
1N 011
R:
by
;ent Calendar as presented
, Sanderson
CALENDAR FOR DISCUSSION OR
4
Agenda material is available at
westcovina.org
• Tuesday December 07, 2010
HEARINGS
PUBLIC HEARINGS
13) Public Hearing
Adoption of the California Building and
The purpose of this hearing is to cons
Standards Codes by reference for the City
a) Verification of publication
b) Open hearing
c) Staff presentation
d) Public testimony
e) Close hearing
i) Council discussion
g) Recommendation: It is i
Ordinance:
rnia Fire Code Ordinance
r the adoption of the California Building
West Covina.
that the City Council adopt the following
ORDINANCE NO. - AN RDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, C LIFORNIA, AMENDING CHAPTER 7,
ARTICLES II, IV, VI, AND VII; CHAPTER 9, ARTICLE I; AND CHAPTER 10,
ARTICLE II OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF
THE 2010 EDITION OF THE CALIFORNIA BUILDING CODE, THE 2010
CALIFORNIA RESIDENTIAL CODE, 2010 CALIFORNIA MECHANICAL
CODE, 2010 CALIFORNIA PLUMBING CODE, 2010 CALIFORNIA
ELECTRICAL CODE, 2010 CALIFORNIA GREEN BUILDING STANDARDS
CODE, 2010 CALIFORNIA ENERGY CODE, AND THE 2010 CALIFORNIA
FIRE CODE WHICH ADOPTS BY REFERENCE THE 2009 INTERNATIONAL
FIRE CODE
Motion by
second by
adopt disapprove
Roll Call: Herfert, Lane, Touhey,
to
over
5
Agenda material is available at
westcovina.org
Tuesday December 07, 2010
APPEAL HEARINGS
14) Appeal Hearing
Conditional Use Permit No. 10-10
Applicant/Appellant: Josh Davidson for
Wireless Communication Facility
Location: 1030 East Merced Avenue (B,
The applicant is requesting that the City
decision and approve a conditional use per
60-foot tall wireless telecommunications 1
Merced Avenue (Agape Lutheran Church.;
antennas are proposed inside the monocro:
denial was filed on November 8, 2010.
a) Verification of publication
b) Open hearing
c) Staff presentation
d) Public testimony
e) Close hearing
f) Council discussion
g) Recommendation: The Planning C
uphold the Planning Commission de
Permit No. 10-10 and adopt the folloN
RESOLUTION NO. - A
THE CITY OF WEST COVINA, (
PLANNING COMMISSION RE
APPROVAL OF CONDITIONAL U
APPEAL OF PLANNING COMMIS
CONDITIONAL USE PERMIT NO.
Motion by second by
to
CITY ATTORNEY'S OFFICE
15) Presentation of Options for Filling Vac
Vacancy by Appointment or by Calling
City staff recommends the City Council
and either fill the vacancy of the G
conducting a special election.
Motion by
to
second by
rwire
Christian Fellowship Church)
►uncil overturn the Planning Commission
t to allow the installation of an unmanned
ility in the shape of a cross at 1030 E.
Three panel antennas and three parabolic
An appeal of the Planning Commission .
fission recommends that the City Council
n and deny the appeal of Conditional Use
resolution:
;SOLUTION OF THE CITY COUNCIL OF
JFORNIA, DENYING THE APPEAL OF
,UTION NO. 10-5390 RESCINDING
PERMIT NO. 10-10 AND DENYING THE
►N RESOLUTION NO. 10-5391 DENYING
1000
y of City Council Seat and Either Fill the
a Special Election
the options set forth in the Agenda Report
seat by appointment or fill the seat by
6
Agenda material is available at ww.westcovina.org
Tuesday December 07, 2010
No reports for this meeting.
AB1234 Conference and Meeting Report .
(In accordance with AB 1234, Councilmembers shall make a bi
meeting/event/conference attended at City expense.)
ref report or file a written report on any
CITY COUNCIL/COMMUNITY DEVELOPMEI T COMMISSION REQUESTS FOR
REPORTS, STUDIES OR INVESTIGATION
(Per City of West Covina Standing Rules 4.f - Requests for rep ts, studies, or investigations that are not readily
available must be placed on the City Council/Community Development Commission agenda as items of business and
must be approved by a majority of the City Council/Community Development Commission.)
COUNCILMEMBER MICHAEL TOUHEY
16) Request from Councilmember Michael Touhey Requesting the City Council's
Consensus to Instruct City Staff to Go ut to Bid for the City's Financial Audit
Contract
It is recommended that the City Council direct staff accordingly.
Motion by
to
second by
COUNCIL REORGANIZATION
Confirmation of Mayor and Mayor Pro Tern
Mayoral Plaque Presentation to Outgoing Mayor
Designation of Alternate to the Los Angeles
'DEVELOPME
ADJOURNMENT
Next 1 entative
Regular Meeting - CC and 12/21/2010
Sanitation District
7:00 PM
7
Agenda material is available at Tww.westcovina.org
Tuesday December 07, 2010
I RULES- OF DECORUM I
The following are excerpts front the West Covina
Sec. 2-48. Manner of addressing council; time limit; persc
(a) Each person addressing- the council shall step up to
residence in an audible tone of voice for the record ar
limit his or her address to five (5) minutes.
(b) The city council may establish a limit on the duration c
(c) All remarks shall be addressed to the council as a boc
than the council and the person having the floor, shy
directly or through a member of the council, without
shall be asked of a councilmember except through the g
(d) The presiding officer may require any person to be swc
subject. Any such person who, having taken an oath
contrary to such oath states as true any material matte
criminally and subject to the penalty prescribed for perj
Sec. 2-50. Decorum --Required.
(a) While the council is in session, the members must pre
by conversation or otherwise, delay or interrupt the pi
member while speaking or refuse to obey the orde
otherwise herein provided.
(b) Any person making personal, impertinent or slander
addressing the council shall be forthwith, by the pres
council, unless permission to continue be granted by a
Sec. 2-52. Persons authorized to be within council area.
No person, except city officials, their representatives and
the rail in front of the council chamber without the express
The following are excerpts from the Penal Code
148(a) (1) Every Person who willfully resists, delays,
emergency medical technician, as defined in Divi,,
and Safety code, in the discharge or attempt to d
when no other punishment is prescribed, shall be
($1,000), or by imprisonment in a county jail
imprisonment.
403 Every person who, without authority of law, willf
is not unlawful in its character, other than an asse
Code or Section 18340 of the Elections Code, is g
Code:
s addressing may be sworn.
rostrum, shall give his or her name and city of
unless further time is granted by the council, shall
oral communications.
y and not to any member thereof. No person, other
.1 be permitted to enter into any discussion, either
ie permission of the presiding officer. No question
-esiding officer.
-n as a witness before addressing the council on any
that he or she will testify truthfully, willfully and
which he knows to be false may be held to answer
iry by the provisions of the Penal Code of the state.
ve order and decorum, and a member shall neither,
eedings or the peace of the council nor disturb any
of the council or its presiding officer, except as
remarks or who shall become boisterous while
officer, barred from further audience before the
ority vote of the council.
bers of the news media shall be permitted within
ent of the council.
obstructs any public officer, peace officer, or an
2.5 (commencing with Section 1797) of the Health
arge any duty of his or her office or employment,
ished by a fine not exceeding one thousand dollars
to exceed one year, or by both that fine and
disturbs or breaks up any assembly or meeting.that
1 or meeting referred to in Section 303 of the Penal
of a misdemeanor.
8
Agenda material is available at
westcovina.org