• Agenda Archive

REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL

Date:		Tuesday, May 6, 2008
Time:		7:00 p.m.
Place:		Council Chambers

AGENDA
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.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 (TTY) from 8 to 5 Monday through Friday. 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.

INVOCATION

Pastor Mason Okubo
Immanuel First Lutheran Church

PLEDGE OF ALLEGIANCE

Councilmember Touhey

ROLL CALL

Mayor Lane, Mayor Pro Tem Hernandez,
Councilmembers Herfert, Sanderson, Touhey

REPORTING OUT FROM CLOSED SESSION

CHANGES TO THE AGENDA

PRESENTATIONS

• Blue Star Video
  
  
• Certificate of Recognition
  Rudy Valles, Community Services Commissioner
  David Figueroa, AARP
  
  
• Certificate of Recognition
  2008 ArtFest Honorees
  
  
• Proclamations
  
  West Covina Beautiful Month
  Recognition of Poster Contest Winners
  
  Public Works Week - May 18 - May 24, 2008
  
  Emergency Medical Services Week
  May 18 - May 24, 2008

ANNOUNCEMENTS

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. 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 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.

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.

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

1) City Council Meeting Minutes (receive & file)

No reports for this meeting.

2) Commission Summary of Actions (receive & file)

a) Human Resources 02/13/08, 03/12/08
smin 12-18-07.doc

b) Planning Commission 04/22/08
D-2b.doc

3) Claims Against the City of West Covina

Government Tort Claim Denials
It is recommended that the following Government Tort Claims be denied and the claimants and/or their respective attorneys be so notified.
D-3.doc

• Becky Quiroz vs. City of West Covina
• Glen and Jodi Barnes vs. City of West Covina
• Randal Ruiz vs. City of West Covina

4) City Treasurer's Report (receive & file)

Report for the Month of March 2008
D-4 City Rpt.doc
D-4 City Treas.xls
D-4 City Detail.xls
D-4 City Bond Detail.xls
CDC Rpt.doc
CDC Treas.xls
CDC Bond Detail.xls

5) Award of Bid

a) Award of Bid for Badillo Street Pedestrian Crosswalk Installation - (Project No. TP-08506)
D-5a.doc

It is recommended that the City Council take the following actions;

1. Accept the quote from Republic ITS, Inc. in the amount of $77,800 and authorize the Public Works Director/City Engineer and City Clerk to execute the contract.
   
   
2. Appropriate $17,400 from CDBG funds to Project No. TP-08506 (131.85.8876.7800).

b) Award of Bid for Curb and Gutter Repair and Construction of Wheelchair Ramps (Project Nos. SP-08105 and SP-08107)
It is recommended that the City Council take the following actions:
D-5b.doc
D-5b Attach Page1.xls
D-5b Attach Page2.xls
D-5b Attach Page3.xls

1. Accept the bid of International Pavement Solutions, Inc. in the amount of $132,792 as submitted at the bid opening on March 27, 2008, and authorize the Public Works Direct/City Engineer and City Clerk to execute an agreement with International Pavement Solutions, Inc. for the work to be done.
   
   
2. Approve a contract Change Order No. 1 with International Pavement Solutions, Inc. in the amount of $80,300 to construct 44 additional wheelchair ramps due to a favorable bid and availability of additional funds.

6) Traffic Committee Minutes of April 15, 2008 - (accept & file)

I. Request of Mary Martin, West Covina Resident
That traffic conditions be reviewed at the intersection of Merced Avenue and South Garvey Avenue.
D-6.doc

Traffic Committee Recommendation:
That Stop signs and appropriate pavement markings be placed on east and westbound approaches of South Garvey Avenue at Merced Avenue.

That the installation of the new traffic signal at the intersection of Merced Avenue and South Garvey Avenue be included as part of the Fiscal Year 2009-2010 CIP Program.

That this report be forwarded to the City of Baldwin Park for their concurrence to install advance warning signs and pavement marking on eastbound South Garvey Avenue.

7) Miscellaneous - Environmental Management

a) BKK Landfill Site Quarterly Status Report
It is recommended that the City Council receive and file this report.
D-7a and Attachments.pdf

7) Miscellaneous - Finance Department

b) 2007-08 Fiscal Year 3rd Quarter Budget Update
It is recommended that the City Council receive and file the budget update report.
D-7b and Attach1 & 2.doc

Miscellaneous - Fire Department

c) Weed Abatement 2008 - Various Citywide Locations
It is recommended that the City Council take the following actions.
D-7c.doc
D-7c Reso.doc
D-7cExhibitA.doc

1. Set June 3, 2008, as the date for the public hearing of any objections or protests to said program.
   
   
2. Approve the Weed Abatement Roll for the calendar year 2008, and adopt the following resolution for the 2008 Weed Abatement Program.

RESOLUTION NO. ________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ALL RUBBISH AND REFUSE UPON, AND ALL WEEDS GROWING UPON SPECIFIED STREETS AND PRIVATE PROPERTY WITHIN SAID CITY TO BE A PUBLIC NUISANCE AND DECLARING ITS INTENTION TO REMOVE AND ABATE THE SAME UNDER AND IN ACCORDANCE WITH THE PROVISIONS OF TITLE 4, DIVISION 3, PART 2, CHAPTER 13, ARTICLE 2, SECTIONS 39560 THROUGH 39588, OF THE CALIFORNIA GOVERNMENT CODE

Miscellaneous - City Manager's Office

d) Letter Supporting AB 1836 - Infrastructure Finance Districts
It is recommended that the City Council support AB 1836, which allows municipalities to form infrastructure finance districts and direct staff to forward letters supporting AB 1836 to all State elected officials representing the City of West Covina.
D-7d.doc

Miscellaneous - Fire Department

e) The 48/96-Work Schedule for the West Covina Firefighters' Association
It is recommended that the City Council authorize the Fire Department 48/96-work schedule as it relates to the City of West Covina and West Covina Firefighters' Association Memorandum of Understanding.
D-7e.doc

7) Miscellaneous - Human Resources

f) Amendment to Memorandum of Understanding - West Covina Firefighters' Association - Special Pay for Fire Investigator
It is recommended that the City Council approve the Amendment to Section 19 Special Pay for Fire Investigator by adopting the following resolution:
D-7f and Reso & Attach A.doc

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, I.A.F.F., LOCAL 3226

ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 through D-7f:

Motion by __________ second by __________
to waive further reading of the resolution and adopt

and approve all items except: ________

ROLL CALL: Herfert, Hernandez, Sanderson, Lane, Touhey

END OF CONSENT CALENDAR
E) PUBLIC HEARINGS

1) Public Hearing
FY 2008/2009 Community Development Block Grant (CDBG) Action Plan
E-1.doc
E-1 Attach1.doc
E-1 Attach1 Cover.pdf

Attachment is available for review at City Clerk's Office.

1. Verification of publication
2. Open hearing
3. Staff presentation
4. Public testimony
5. Close hearing
6. Council discussion
7. Recommendation: It is recommended that the City Council approve the proposed FY 2008-2009 CDBG Action Plan as outlined in the report.

Motion by __________ 2nd by __________

approve ____ disapprove ____ hold over ____

2) Public Hearing
FY 2008/2009 Community Development Block Grant (CDBG) Program Public Service Project Funding
E-2.doc
E-2 Attach1.xls
E-2 Attach2.doc

1. Verification of publication
2. Open hearing
3. Staff presentation
4. Public testimony
5. Close hearing
6. Council discussion
7. g) Recommendation: Staff recommends that the City Council:

1. Allocate $208,320 CDBG Funds to the Public Service Projects under staff recommendation Column T in the report;
   
   
2. Direct staff to allocate any additional CDBG program income funding received to the Domestic Violence Victim Advocate Program, not to exceed the program's FY 2008-2009 CDBG request of 20,000; and
   
   
3. Direct staff to reduce funding allocations to all programs, on a percentage basis, if the actual amount of program income received through June 30, 2008 is less than the projected $200,000.

Motion by __________ 2nd by __________

approve ____ disapprove ____ hold over ____

F) COMMUNITY DEVELOPMENT COMMISSION

Recess the City Council meeting at ______ p.m. to convene the CDC.
Reconvene the City Council meeting at ______ p.m.
CDC Agenda

G) DEPARTMENTAL MATTERS

No reports for this meeting.

H) MAYOR'S/COUNCILMEMBERS REPORTS

1) Councilmember Michael Touhey
Art In Public Places Fee Structure
Staff recommends that the City Council review the alternatives identified in the staff report and provide direction to staff regarding a possible amendment to the Art In Public Places Ordinance with respect to the payment of in-lieu fees.
H-1.doc

Motion by __________ 2nd by __________

to ___________________________________

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.)

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.)

1) Mayor Pro Tem Roger Hernandez
Request from Mayor Pro Tem Roger Hernandez Seeking the City Council's Consensus to Review the Current Noise Ordinance
It is recommended that the City Council direct staff accordingly.
I-1.doc

Motion by __________ 2nd by __________

to ___________________________________

J) COUNCILMEMBER COMMENTS

ADJOURNMENT

Motion by _________ 2nd by _________ to adjourn the meeting at ____ p.m.

TENTATIVE CITY COUNCIL MEETINGS

Tuesday 5/20/08		7:00 pm Regular Meeting
Tuesday 6/3/08		7:00 pm Regular Meeting

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