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07-05-2011 - RegularCITY OF WEST COVINA CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION TUESDAY JULY 05, 2011, 7:00 PM REGULAR JOINT MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 Mayor/Chairman Steve Herfert Mayor Pro Tem/Vice Chairman Michael Touhey Councilmember/Commissioner Karin Armbrust Councilmember/Commissioner Sherri Lane Councilmember/Commissioner Shelley Sanderson Please turn off all cell phones and other electronic devices 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) 960-4422 (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. AGENDA MATERIAL 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.orp. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council that is distributed less than 72 hours before the meeting, 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. NOTICE The City Council/Comrnunity Development Commission will regularly convene in joint session on the first and third Tuesday of the month. The West Covina Public Financing 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 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 may 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. RULES OF DECORUM Excerpts from the West Covina Municipal Code and Penal Code pertaining to t 4,Ef@k sTWTAGQ MFOvllEtfOUNCILAGENDAFOR found at the end of the agenda. THE MEETING OF '7 /5 // / WAS POSTED IN ACCORDANCE WITH THE 01187 BROWN ACT AMENDMENT DATED:�/3 0/ /% OFFICE F E CITY CLERK Tuesday July 05, 2011 AGENDA CITY OF WEST COVINA CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION TUESDAY JULY 059 201117:00 PM REGULAR JOINT MEETING INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS 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. CONSENT CALENDAR - City Council/CDC All matters listed under 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/Community Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action. COMMISSION SUMMARY OF ACTIONS (receive & file) 1) Planning Commission - June 14, 2011 & June 28, 2011 ORDINANCES FOR ADOPTION 2) Ordinance for Adoption Code Amendment No. 11-03 Vehicle Storage in the "Service Commercial" Zone This ordinance was introduced at the City Council meeting of June 21, 2011. The ordinance will allow the storage of new vehicles in conjunction with an automobile dealership with the approval of an administrative use permit and will become effective on August 4, 2011, thirty days after its adoption. 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 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO VEHICLE STORAGE IN THE "SERVICE COMMERCIAL" (S-C) ZONE 2 Agenda material is available at www.westcovina.org Tuesday July 05, 2011 TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 3) Meeting of June 21, 2011 It is recommended that the City Council take the following actions: 1. Receive and file the following Minutes of the Traffic Committee meeting held on June 21, 2011: I. Request: City Initiated That the traffic condition on Merced Avenue from Azusa Avenue to Hollenbeck Street be reviewed. Traffic Committee Recommendation That Merced Avenue from Azusa Avenue to Hollenbeck Street be posted at 25 miles - per -hour with radar enforced plate, and 2. Introduce the following ordinance to reduce the speed limit on a portion of Merced Avenue from Azusa to Hollenbeck Street from 40 miles per hour to 25 miles per hour: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-131 OF THE WEST COVINA MUNICIPAL CODE RELATING TO INCREASE OF STATE LAW MAXIMUM SPEEDS (VIRGINIA AVENUE) TREASURER'S REPORT (receive & file) 4) City Treasurer's Report for the Month of May 2011 5) CDC Treasurer's Report for the Month of May 2011 FINANCE DEPARTMENT - Miscellaneous 6) Award of Bid for Non -Coin Operated Telephones It is recommended that the City Council accept the bid of Littlejohn Communications of Malibu, California, to install, maintain, and operate non -coin pay telephones in the City's jail. RISK MANAGEMENT - Miscellaneous 7) Placement of FY 2011-12 Excess Workers' Compensation Insurance Coverage It is recommended that the City Council authorize payment of the City's 2011/12 Excess Workers' Compensation coverage with the Big Independent Cities Excess Pool (BICEP), in the amount of $69,514, to be paid from account 363.15.1530.6418. 3 Agenda material is available at www.westcovina.org Tuesday July 05, 2011 RISK MANAGEMENT — Miscellaneous (continued) 8) Payment of FY 2011/12 Excess Liability Insurance Coverage and Approval of Continued Membership with the Big Independent Cities Excess Pool (BICEP) It is recommended that the City Council: 1. Authorize payment of the City's 2011/12 excess liability insurance coverage with the Big Independent Cities Excess Pool (BICEP) in the amount of $378,771 to be paid from account 361.15.1530.6411. 2. Approve West Covina's continued membership in BICEP for an additional three years beginning July 1, 2011. Motion by second by to approve all items listed on the Consent Calendar as presented except: ROLL CALL: Armbrust, Lane, Sanderson, Touhey, Herfert ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION END OF CONSENT CALENDAR 4 Agenda material is available at www.westcovina.org Tuesday July 05, 2011 HEARINGS PUBLIC HEARINGS 9) 10) West Covina Citywide Sewer Service Charge The Citywide Sewer Service Charge funds the maintenance and operation of the City's sewer system including the required program that minimizes the pollutants in urban storm water runoff in compliance with regulations of the Federal Clean Water Act. The purpose of this hearing is for the City Council to consider all objections or protests, if any, to the proposed sewer charge increase. 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 approve Option 1 in the staff report and adopt the following resolution: 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 second by approve disapprove hold over FY 2011/2012 Community Development Block Grant (CDBG) Public Services Project Funding The purpose of this hearing is to receive comments on the Public Services that have requested funding through the City's Community Development Block Grant (CDBG) program and to determine funding allocations for FY2011-2012. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: Staff recommends that the City Council allocate $19,296 in CDBG funds to the Public Service Projects as outlined in Attachment #1 of the Staff report, Column H and authorize the necessary appropriations. Motion by second by approve disapprove hold over 5 Agenda material is available at www.westcovina.org Tuesday July 05, 2011 DEPARTMENTAL REGULAR MATTERS (Council Action) HUMAN RESOURCES DEPARTMENT 11) Meet and Confer Impasse West Covina Mid -Management Employees Association West Covina Confidential Exempt Employees Association West Covina Maintenance and Crafts Employees Association It is recommended that the City Council take the following actions: 1. Acknowledge receipt of the letters from the City Manager declaring impasse with Mid -Management, Confidential, and the Maintenance & Crafts Employees' Associations. 2. Call for any such additional information each Association wishes to present either orally or in writing. 3. Barring the receipt of any new information that the City Council wishes to consider or further discuss with staff in closed session, (pursuant to Government Code Section 54597.6 - CONFERENCE WITH LABOR NEGOTIATOR: City Negotiators: Pasmant, Bachman; Employee Organizations: Mid -Management, Confidential, and Maintenance & Crafts Employees' Associations), that the City Council determine the meet and confer process is concluded and direct staff to implement the City's last, best, and final offer. 4. If the decision by the City Council is to implement the City's last, best, and final offer, 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, IMPOSING CHANGES TO THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2011 THROUGH JUNE 30, 2012, ON EMPLOYEES REPRESENTED BY THE MID -MANAGEMENT EMPLOYEES' ASSOCIATION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, IMPOSING CHANGES TO THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2011 THROUGH JUNE 30, 2012, ON EMPLOYEES REPRESENTED BY THE CONFIDENTIAL EMPLOYEES' ASSOCIATION RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, IMPOSING CHANGES TO THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2011 THROUGH JUNE 30, 2012, ON EMPLOYEES REPRESENTED BY THE MAINTENANCE & CRAFTS EMPLOYEES' ASSOCIATION Motion by second by adopt disapprove hold over 6 Agenda material is available at www.westcovina.org Tuesday July 05, 2011 DEPARTMENTAL REGULAR MATTERS (Council Action) HUMAN RESOURCES DEPARTMENT 12) Department Head and City Council Benefits It is recommended that the City Council amend the related resolutions implementing salary and benefit adjustments for Department Heads and City Council and adopt the following resolution as follows: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2007-65 RELATING TO MANAGEMENT COMPENSATION, BENEFITS AND CLASSIFICATION OF DEPARTMENT HEADS Motion by second by adopt disapprove hold over MAYOR/COUNCILMEMBER/COMMISSIONER REPORTS No reports for this meeting. AB1234 Conference and Meeting Report (verbal, if any) (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.) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION REOUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 4.f - Requests for reports, 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.) No reports for this meeting.. CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION COMMENTS ADJOURNMENT Next Tentative City Council/CDC Meeting Regular Meeting - CC and CDC 07/19/2011 7:00 PM 7 Agenda material is available at www.westcovina.org Tuesday July 05, 2011 RULES OF DECORUM The following are excerpts front 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 front 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. Agenda material is available at www.westcoviiia.org