07-17-2012 - RegularCITY OF WEST COVINA .
CITY COUNCIL
TUESDAY JULY 17, 20129 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE
WEST COVINA, CALIFORNIA 91790
Mayor Michael Touhey
Mayor Pro Tem Shelley Sanderson
Councilmember Steve Herfert
Councilmember Robert Sotelo
Councilmember Fredrick Sykes
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 tothe 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 wtivw.westcovina.oLg. 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 will regularly convene on the first and third Tuesday of the month. The West Covina Community .
Development Commission, 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
as
PUBLIC COMMENTS
ADDRESSING THE CITY COUNCIL
(Per WCMC 2-48, Ordinance No. 2150)
Any person wishing to address the City Council 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.
Please identify oh the speaker card whether you are speaking on an 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 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 the. Rules of Decorum will be
found at the end of agenda.
I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR
THE MEETING OF 71/7//->WAS POSTED IN
ACCORDANT 7HE 01/87 BROWN ACT AMENDMENT
DAT M 1///�
OFFICE OF THE CITY CLERK �'
Tuesday July, 17, 2012
AGENDA
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY JULY 17, 2012, 7:00 PM
REGULAR MEETING
INVOCATION
Andrew Pasmant
City Manager.
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
Presentation
Citrus Pest & Disease Control
Resolution of Commendation
Dennis Swink
City Controller
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
All matters listed finder 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.
APPROVAL OF MEETING MINUTES (receive & file) .
1) Special City Council Meeting Minutes of April 17, 2012
Regular City Council Meeting Minutes of April 17, 2012
Special City. Council Meeting Minutes of May 1, 2012
Regular City. Council Meeting Minutes of May 1, 2012
COMMISSION SUMMARY OF ACTIONS ("receive & file)
2) Human Resources Commission - February 8, 2012
3) Planning Commission- May 22, 2012, June 12, 2012, July 10, 2012
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Agenda material is available at www.westcovina.org
Tuesday July, 17, 2012
ORDINANCES FOR ADOPTION
4) Ordinance for Adoption
Ordinance to Reduce Speed Limit on. Vine Avenue from Azusa Avenue to
Hollenbeck Street from 40 Miles Per Hour to 35 Per Hour
This ordinance was introduced at the Regular City Council meeting of June 19,. 2012.
This ordinance will reduce the speed limit on Vine Avenue from Azusa Avenue to
Hollenbeck Street from 40 miles per hour to 35 miles per hour in accordance with the
California Manual of Uniform Traffic Control Devices (MUTCD). The ordinance will
become effective 30 days after adoption on August 17, 2012. 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 SECTION 22-131 AND
22-132 OF THE WEST COVINA MUNICIPAL CODE RELATING TO INCREASE OF
STATE LAW MAXIMUM SPEEDS (VINE AVENUE)
TRAFFIC COMMITTEE MEETING MINUTES (accept & file)
5) Traffic Committee Minutes of June 19, 2012
It is recommended that the City Council accept and file the Traffic Committee Minutes
of June .19, 2012:
L Request:
Mike Torres, West Covina Resident
That a "Keep Clear" pavement message be installed on westbound. Francisquito Avenue
at Siesta Avenue.
Traffic Committee Recommendation:
That a "Keep Clear" pavement message and 12-inch wide solid white stripes be installed .
on westbound.Francisquito Avenue at Siesta Avenue.
IL Request:
Roberta Azpeitia, West Covina Resident
That U-turns on westbound Badillo Street be prohibited at the intersection of Badillo
Street and David Court.
Traffic Committee Recohimendation:
Install no turn signs (R3-3) for the westbound approach on Badillo Street at David Court.
Remove the westbound left -turn pocket with yellow painted markings.
III. Request:
City Initiated
That channelization on northbound Azusa Avenue between Garvey Avenue North and
Interstate 10 freeway westbound off -ramp be reviewed.
Traffic Committee Recomfitendation:
That additional painted striping be added to create a 12-foot wide through land and an
exclusive right turn land on northbound ' Azusa Avenue north of Interstate 10 freeway
westbound off -ramp..
That advance warning signs and pavement markings be installed on northbound Azusa.
Avenue north of Interstate 10 freeway westbound off -ramp.
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Agenda Material is available at www.westcovina.org
Tuesday July 17, 2012
COMMUNITY SERVICES DEPARTMENT
6) Amendment to the West Covina Municipal Code Establishing Rules and Regulations
at Splashpads and Dog Parks
It is recommended that the City Council introduce the following ordinance establishing
rules and regulations at West Covina Splashpads and Dog Parks:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, AMENDING SECTION. 18 OF CHAPTER 16 OF THE WEST
COVINA MUNICIPAL CODE ADDING RULES AND REGULATIONS AT
SPLASHPADS AND DOG PARKS
FINANCE DEPARTMENT
7) Taxable Tax Revenue Anticipation Notes
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, AUTHORIZING THE ISSUANCE
AND SALE OF 2012-13 TAXABLE TAX AND REVENUE ANTICIPATION NOTES,
AUTHORIZING THE FORMS AND AUTHORIZING THE EXECUTION AND
DELIVERY OF AN OFFICIAL. STATEMENT, A NOTE PURCHASE CONTRACT,
AND A CONTINUING DISCLOSURE CERTIFICATE, AND AUTHORIZING THE
TAKING OF NECESSARY ACTIONS AND THE EXECUTION OF NECESSARY
DOCUMENTS AND CERTIFICATES RELATING TO SUCH NOTES
8) Prop A Fund Exchange - City of Industry
It is recommended that the City Council approve the agreement authorizing the additional
sale of Prop A Funds to the City of Industry. .
FIRE DEPARTMENT
9) ' Authorized Agent for California Emergency Management Agency Grants
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, AUTHORIZING THE CITY
MANAGER, FINANCE DIRECTOR, AND/OR THE FIRE CHIEF TO ENTER AND
EXECUTE THE APPLICATIONS AND DOCUMENTS, AS THE AUTHORIZED
AGENT, FOR ALL PRE AND POST DISASTER FUNDING
HUMAN RESOURCES
10) Employer Paid Member Contributions to the California Public Employees'
Retirement System
It is recommended that the City Council adopt the following resolution related to
employer paid member contributions to the California Public Employees' Retirement
System (CalPERS):
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST. COVINA, CALIFORNIA, REGARDING EMPLOYER PAID
MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC. EMPLOYEES'
RETIREMENT SYSTEM
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Agenda material is available at www.westcovina.org
Tuesday July 17, 2012
11) Tax Deferral of Member Paid Contributions to the California Public Employees'
Retirement System
It is recommended that the City . Council adopt the following resolution to tax defer
member paid contributions to the California Public Employees' Retirement System
(CalPERS):
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, TO TAX DEFER MEMBER PAID
CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM
12) Adopting New Memorandum of Understanding (MOU) for Firefighters' Association,
Fire Management Association, Police Officers' Association, and Police Management
Association and Amending Compensation/Benefits for Classes Represented by the
Firefighters' Association, Fire Management Association, Police Officers' Association,
Police Management Association and Department Heads
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, ADOPTING A NEW MOU FOR THE
FIREFIGHTERS' ASSOCIATION AND AMENDING BENEFITS FOR CLASSES
REPRESENTED BY THE FIREFIGHTERS' ASSOCIATION
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA; CALIFORNIA, ADOPTING A NEW MOU FOR THE.
FIRE MANAGEMENT ASSOCIATION AND AMENDING BENEFITS FOR
CLASSES REPRESENTED BY THE FIRE MANAGEMENT ASSOCIATION
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A NEW MOU FOR
THE POLICE OFFICERS' ASSOCIATION AND AMENDING BENEFITS FOR
CLASSES REPRESENTED BY THE POLICE OFFICERS' ASSOCIATION
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A NEW MOU FOR THE
POLICE MANAGEMENT ASSOCIATION AND AMENDING BENEFITS FOR
CLASSES REPRESENTED BY THE POLICE MANAGEMENT ASSOCIATION
RESOLUTION NO. = A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO.
2007-65 RELATING TO MANAGEMENT BENEFITS FOR DEPARTMENT HEADS
PUBLIC WORKS
13) Authorization to Submit Application for the Los Angeles County 2012 Competitive
Tree Planting Grant 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, APPROVING THE APPLICATION
TO THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE
DISTRICT FOR THE FIRST SUPERVISORIAL DISTRICT EXCESS FUNDS FOR.
PLANTING TREES IN PARKS AND OPEN SPACE AREAS
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Agenda material is available at rvww.westcovina.org
Tuesday July 17, 2012
RISK MANAGEMENT
14) Payment -of FY 2012-13 Excess Workers' Compensation Insurance Coverage
It is recommended that the City Council authorize payment of the City's 2012/13 Excess
Workers' Compensation coverage with the Big Independent Cities Excess Pool (BICEP),
in.the amount of $76,078 to be paid from account 363.15.1.530.6418.
15) Payment. of FY 2012/13 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 2012/13 excess liability insurance coverage with the
Big Independent Cities Excess Pool (BICEP) in the amount of $341,619 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, 2012.
SUCCESSOR AGENCY
16) Approval and Transmittal of an Administrative Budget for the Successor Agency to
the West Covina Redevelopment Agency; and Schedules of Distribution of Future
Tax Revenues (Recognized Obligations Payment Schedules "ROPS") Pursuant to
AB1X26 for the Period of January 1 - June 30, 2013
It is recommended that the City Council, acting as the Successor Agency to the West
Covina Redevelopment Agency, adopt the following resolution:
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, ACTING AS SUCCESSOR
AGENCY TO THE WEST COVINA REDEVELOPMENT AGENCY APPROVING
AND AUTHORIZING THE TRANSMITTAL OF. AN ADMINISTRATIVE BUDGET
FOR THE SUCCESSOR AGENCY TO THE WEST COVINA REDEVELOPMENT
AGENCY, AND SCHEDULES OF DISTRIBUTION OF FUTURE TAX REVENUES
(RECOGNIZED OBLIGATIONS PAYMENT SCHEDULES "ROPS") FOR THE
PERIOD JANUARY 1 - JUNE 30, 2013 PURSUANT. TO ASSEMBLY BILL 1X26
(AB 1 X26)
ACTION ON CONSENT CALENDAR
Motion by second by
to approve all items listed on the Consent Calendar as presented
except:
ROLL CALL: Herfert, Sanderson, Sotelo, Sykes, Touhey
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION OR
SEPARATE ACTION
END OF CONSENT CALENDAR
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Agenda material is available at www.westcovina.org
Tuesday July 17, 2012
HEARINGS
PUBLIC HEARINGS
17) Public Hearing
Code Amendment No. 11-02
Reasonable Accommodation Standards
The purpose of this hearing is to amend Chapter 26 of the West Covina Municipal Code
related to reasonable accommodations for persons with disabilities.
a) Verification of publication
b) Open hearing
c) Staff presentation
d) Public testimony
e) Close hearing
f) Council discussion
g) Recommendation: 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 26 (ZONING) OF THE WEST COVINA
MUNICIPAL . CODE RELATING TO REASONABLE ACCOMMODATION
STANDARDS (CODE AMENDMENT NO. 11-02)
Motion by second by
introduce disapprove hold over
ROLL CALL: Herfert, Sanderson, Sotelo, Sykes, Touhey
18) Public Hearing
West Covina Auto Plaza Business Improvement District 2012-2013 Annual Report
and Assessment
The purpose of this hearing is to provide an opportunity for public testimony on the
proposed assessment for Fiscal Year 2012-2013 for the maintenance and operation costs
of the electronic readerboard sign and landscaping located in the District Area.
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:
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ANNUAL
REPORT FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT
DISTRICT AREA FOR FISCAL YEAR 2012-2013
Motion by second by
adopt disapprove hold over
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Agenda material is available at www.westcovina.org
Tuesday July 17, 2012
DEPARTMENTAL REGULAR MATTERS
CITY MANAGER'S OFFICE
19) Designation . of Voting Delegate for League of California Cities 2012 Annual
Conference & Expo
It is recommended that the City Council designate a voting delegate and up to two
alternates for the League of California Cities 2012 Annual Conference & Expo.
Motion by second by
to
MAYOR/COUNCILMEMBERS REPORTS
No Reports
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 REQUESTS 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
CITY COUNCIL COMMENTS
ADJOURNMENT
Next Tentative City Council Meeting
Regular Meeting - CC 08/21/2012 7:00 PM
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Agenda material is available at www.westcovina.org
Tuesday July 17, 2012
RULES OF DECORUM
The folloiving are excerpts froin the West Covina Municipal Code:
Sec. 2-48. Manner of addressing council; time limit; persons addressing may be swore.
(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 folloiving 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.
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Agenda material is available at ivww.ivestcovina.org