09-18-2012 - RegularI CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR
THE MEETING OF / /S J h4V+ POSTED IN
ACCORDANCE W THE 01187 BROWN ACT AMENDMENT
DATED. ST ll� /ten
OFFICE OF TIE CITY CLERK
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY SEPTEMBER 185 20129 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE
WEST COVINA, CALIFORNIA 91790
Mayor Michael Touhey
Mayor Pro Tent Shelley Sanderson
Councilmember Steve Herfert
Councilmember Robert Sotelo
Councilmember Fredrick Sykes
Please turn off all cell phones and other electronic devices prior to. entering lite 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.ttesicavitta.org. 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
boards, as necessary.
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 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 the Rules of Decorum will be
found at the end of agenda.
. Tuesday September 18, 2012
AGENDA
CITY OF WEST COVINA
CITY COUNCIL
TUESDAY SEPTEMBER 18, 2012, 7:00 PM
REGULAR MEETING
INVOCATION
Reverend Mary Hollifield
West Covina United Methodist Church
PLEDGE OF.ALLEGIANCE
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
Presentation
Darrell Myrick
National Police and Fire Olympics Gold Medal Winner
Resolution of Commendation and Tile. Presentation
Tommy Garcia, West Covina Police. Lieutenant
31 Years of Service
Resolution of Commendation and Tile Presentation
Gregory D. Layton, West Covina Fire Captain
29 Years of Service
Resolution of Commendation and Tile Presentation
David T. Van Hulzen, West Covina Fire Captain
Over 27 Years of Service
Los Angeles County Fair Hometown Hero
Jerry Curcio
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 under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call
vole. 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.
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Agenda material is available at www.westcoviita.org
Tuesday September 18, 2012
CLAIMS AGAINST THE CITY
1) Government.Tort Claim Denials (deny & notify claimant)
It is recommended that the City Council deny the following Government Tort Claims
and the claimants and/or their respective attorneys be so notified.
• Mark Appelbaum vs. City of West Covina
• Alicia Bacskai vs. City of West Covina
• Eleazor Ortiz vs. City of West Covina
AWARD OF BID
2) Playground Improvements at Del Norte Park
(Project No. PP-13208)
It is recommended that the City Council take the following actions:
1. Authorize the upgrade of an existing playground "Tot Lot" at Del Norte Park per
Innovative Playgrounds design prepared on August 1, 2012 (Attachment A of the
report).
2. Accept the bid of Micon Construction, Inc. in the. amount of $198,098 as submitted
at the bid opening on August 14, 2012 and authorize the Public Works Director/City
Engineer and City Clerk to execute the contract to build the designed improvements
at Del Norte Park.
CITY MANAGER'S OFFICE
3) First Amendment to Lease and Option Agreement with AT&T for the Existing
Wireless Facility at Cameron Park
It is recommended that the City Council approve the First Amendment to the Lease and
Option Agreement between AT&T and the City of West Covina for the existing wireless
facility at Cameron Park.
PUBLIC WORKS
4) Suburban Water Systems Request to Excavate on Garvey Avenue South Currently
Under Moratorium
It is recommended that the City Council approve Suburban Water Systems' request for an
exemption to the City's Street Cut Moratorium on Newly Improved Streets and to be
permitted to excavate on Garvey Avenue South between West Covina Parkway and
Sunset Avenue and Garvey Avenue South between Hollenbeck and Citrus Street.
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 September 18, 2012
PUBLIC HEARINGS
5)
6)
Amendments to the FY 2012-2013 Community Development Block Grant (CDBG)
Action Plan
The purpose of this hearing is to . amend the City's FY 2012-2013 Community
Development Block Grant (CDBG) Action Plan to include projects approved as part of
the FY 2012-2013 Public Service funding process and Capital Project Budget process.
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 the proposed
.amendments to the FY 2012-2013 CDBG Action Plan as detailed in Attachment #1
of the staff report.
Motion by second by
approve disapprove holdover
2012 Congestion Management Program (CMP) Conformance Self -Certification and
Local Development Report (LDR)
Pursuant to Section 65089 of the California Government Code, the City of West Covina
is. required to submit an annual report to the Los Angeles County Metropolitan
Transportation Authority (MTA) to verify conformance , with the Congestion
Management Program (CMP). The City Council will consider adoption of a Self -
Certification resolution and Local Development Report.
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 adopt the following
resolution:
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
CITY OF WEST COVINA, CALIFORNIA, FINDING THE CITY TO BE IN
CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP)
AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089
Motion by
adopt
second by
disapprove hold over
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Agenda material is available at www.westcovina.org
Tuesday September 18, 2012
7) 'First Reading of Sewer System Overflow Prevention Ordinance
The purpose of this hearing is to consider the adoption of the Sewer System Overflow
Prevention ordinance which creates requirements on food service establishments to
control the amount of fats, oil, and grease that enter the municipal sewerage system.
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 introduce the following
Ordinance: °
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, AMENDING DIVISION 3, SAND AND GREASE INTERCEPTORS
AND DIVISION 6, INDUSTRIAL CONNECTION SEWERS UNDER CHAPTER 23 -
UTILITIES, ARTICLE, II, SEWER AND SEWAGE DISPOSAL OF THE CITY OF
WEST COVINA MUNICIPAL CODE
Motion by
second by
introduce disapprove I Ihold over
ROLL CALL: Herfert, Sanderson, Sotelo, Sykes, Touhey
8) Standard Specifications for Public Works Construction 2012 Edition - Ordinance
Introduction
The purpose of this hearing is to consider an ordinance adopting the 2012 Edition of the
Standard Specifications for Public Works Construction.
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 introduce the following
ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, ADOPTING THE 2012 EDITION OF THE STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION BY REPEALING AND
ADOPTING SECTION 19-1 OF THE WEST COVINA MUNICIPAL CODE
Motion by
second by
introduce disapprove hold over
ROLL CALL: Herfert, Sanderson, Sotelo, Sykes, Touhey
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Agenda material is available at www.westcovina.org
Tuesday September 18, 2012
DEPARTMENTAL REGULAR MATTERS
CITY MANAGER'S OFFICE
9) Tow Contract Extension
It is recommended that the City Council direct staff accordingly.
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
iueeting/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 10/02/2012 7:00 PM
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Agenda material is available at wrvw.westcovina.org
Tuesday September 18, 2012
RULES OF DECORUM
Thefollowing 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 fallowing 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 www.westcovina.org