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SPECIAL MEETING
OF THE
WEST COVINA CITY COUNCIL

Date: Tuesday, September 4, 2007
Time: 5:45 p.m.
Place: City Manager's Conf. Room

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.

ROLL CALL

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

I PUBLIC COMMENT ON ITEMS ON THE AGENDA

II CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiator: Fields
Employee Organizations:
  • W.C. Police Officers' Association
  • W.C. Firefighters' Association

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(b)
One Case

ADJOURNMENT

Motion by ______ 2nd by ______

to adjourn the meeting at _____ pm.



REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL

Date: Tuesday, September 4, 2007
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 Nestor Rebong
St. Christopher's Church

PLEDGE OF ALLEGIANCE

Mayor Touhey

ROLL CALL

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

REPORTING OUT FROM CLOSED SESSION

CHANGES TO THE AGENDA

PRESENTATIONS
  • Blue Star Video

  • Resolution of Commendation
    Retiring Police Detective Neil Hopkins
    Over 29 years of Service

  • Certificate of Recognition
    West Covina American Little League
    11 & 12 Year Old District 19 All Star Winners

  • Proclamation
    National Emblem Club Week
    September 15 through September 21, 2007

  • West Covina Historical Documentary Promotional Video

ANNOUNCEMENTS

City Manager Pasmant

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 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) Planning Commission 07/24/07 & 08/28/07
D-2a sum.act 7 24 07.doc
D-2a sum.act 8 28 07.doc

3) Claims Against the City of West Covina

a) Government Tort Claim Denials
It is recommended that the City Council deny the following Government Tort Claims and the claimants and/or their respective attorneys be so notified.
D-3.doc
  • Luis Sanchez vs. City of West Covina
  • Deana Guerrero vs. City of West Covina
  • William Romero vs. City of West Covina
  • Mathew Romero vs. City of West Covina
  • Steve Smith vs. City of West Covina
  • Laura Diaz vs. City of West Covina

4) Award of Bid

a) Award of Bid for Pacific Avenue and Bromely Avenue Traffic Signal Improvements - (Project No. TP-07505)
It is recommended that the City Council take the following actions:
D-4a.doc
  1. Transfer $20,107 from Project No. GP-03408 (122.84.8613.7900) to TP-07505 (122.85.8773.7800) pending MTA approval. In the event that Prop "C" funding is denied, there are sufficient funds available in City Project No. TP-04507 (123.85.8441.7800).

  2. Accept the bid of Oak Engineering, Inc. in the amount of $177,007 as submitted at the bid opening on August 21, 2007, and authorize the Public Works Director/City Engineer and City Clerk to execute the contract.

b) Award of Bid for Phase II - Construction of Median Landscape Improvement on Azusa Avenue (South of Amar Road) - (Project No. SP-06101)
It is recommended that the City Council accept the bid of C. S. Legacy Construction, Inc. in the amount of $325,320 as submitted at the bid opening on August 23, 2007, and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement with C. S. Legacy Construction, Inc. of Chino, California, for the work to be done.
D-4b.doc
Attachment is available for review at the City Clerk's Office.

c) Award of Bid for Street Rehabilitation for Residential Streets - (Project No. SP-07110)
It is recommended that the City Council take the following actions:
D-4c.doc
Attachments are available for review at the City Clerk's Office.

  1. Award the contract to Silvia Construction, Inc. in the amount of $498,895.90, and authorize the Public Works Director/City Engineer and City Clerk to execute the contract for residential street rehabilitation.

  2. Transfer $78,000 from Project No. SP-07102 Azusa Avenue State Grant funds (Account No.125.81.8739.7200) and $50,000 from Project No.SP-06110 Bus Route Street Proposition "C" funds (Account No. 122.81.8631.7200) to Project No.SP-07110 (Account No. 125.81.8747.7200 and 122.81.8747.7200) respectively.

d) Award of Bid for Rubberized Tree Grates
It is recommended that the City Council:
D-4d.doc
  1. Establish Capital Improvement Project No. SP-08114 with funding in the amount of $46,340 from grant funds and $40,040 transferred from Project No. GP-03408 (122.84.8613.7900) pending MTA approval. In the event that Prop "C" funding is denied, there are sufficient funds available in the Capital Improvement Project for urban forestry (161.81.8750.7500).

  2. It is recommended that the City Council accept the sole source bid of United Sports Surfacing in the amount of $86,200 for the installation of rubberized tree grates.

e) Award of Purchase of Fire Department Body Armor
It is recommended that the City Council approve an award of purchase for 78 XHP-111A.O body armor vests from Aardvark Tactical, Inc. of Azusa for a total cost of $41,795.33, including sales tax and shipping.
D-4e.doc
Attachment is available for review at the City Clerk's Office.

f) Twelve-Lead Cardiac Defibrillator Purchase
It is recommended that the City Council take the following actions:
D-4f.doc
  1. Appropriate $16,949.07 from the General Fund Reserve to Account No. 110.32.3220.7160 to purchase one 12-lead cardiac defibrillator.

  2. Authorize the Fire Department's request for reimbursement of the full purchase cost of the defibrillator from the Los Angeles County, Measure B Trauma Property Tax Assessment Fund and, upon receipt, return the funds to the General Fund Reserves.

5) Approval of Final Map

a) Approval of Final Map for Parcel No. 64026
Location: Northwest Corner of Valley Boulevard and Nogales Street

Subdivider: David Puppi
It is recommended that the City Council adopt the following resolution:
D-5a.doc
D-5a Reso.doc

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

RESOLUTION NO. ______ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF PARCEL MAP NO. 64026 AND DIRECTING THE RECORDATION THEREOF (DAVID PUPPI)

6) Traffic Committee Minutes - Meeting of August 21, 2007 (accept & file)

I. Request, City Initiated
Review Traffic Conditions at the Intersection of Cameron Avenue and North Garvey Avenue.
D-6 Attach1.doc

Traffic Committee Recommendations:
That stop signs and appropriate pavement markings be placed on south and northbound approaches of Cameron Avenue at North Garvey Avenue.

That the installation of the new traffic signal at the intersection of Cameron Avenue and North Garvey Avenue be included as part of the fiscal year 2008-2009 CIP Project.

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

Report for the Month of July 2007
D-7 Finance Rpt.doc
D-7 Statement.xls
D-7CityDetails.xls
CDC Rpt.doc
CDC Statement.xls

8) Miscellaneous - Community Services Department

a) FY 2007-2008 Older Americans Act Senior Nutrition Meals Program Grant Application
It is recommended that the City Council adopt the following resolution:
D-8a.doc
D-8a Reso.doc

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A PROPOSAL FOR FY 2007-2008 OLDER AMERICANS ACT COMPETITIVE GRANT FUNDS FOR THE SENIOR NUTRITION MEALS PROGRAM

b) Proposed "Go West" Fixed-Route and Service Changes
It is recommended that the City Council accept the recommendation of the Community Services Commission to approve the proposed fixed route and service changes to the Red Line route, the Green Line route, and the Covina Metrolink Express Route effective October 1, 2007.
D-8b.doc
D-8b Attach1.pdf
D-8b Attach2.pdf

8) Miscellaneous - Fire Department

c) Paramedic Service Agreement Between the Regents of the University of California and the City of West Covina
It is recommended that the City Council approve the amendment to the services Agreement between the Regents of the University of California, on behalf of the UCLA Medical Center, Center for Prehospital Care and the City of West Covina, on behalf of the Fire Department, to extend the currently expired contract through June 30, 2008 and authorize the Fire Chief to execute the amendment.
D-8c.doc
Attachments are available for review at the City Clerk's Office.

Miscellaneous - Human Resources

d) Department Heads Benefits
It is recommended that the City Council amend the related resolutions implementing salary and benefit adjustments for Department Heads and City Council as follows:
D-8d and 2Reso.doc

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2007-31 RELATING TO MANAGEMENT COMPENSATION, BENEFITS AND CLASSIFICATIONS OF DEPARTMENT HEADS

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2007-32 RELATING TO ADJUSTMENTS IN ELIGIBLE BENEFITS FOR CITY COUNCIL

Miscellaneous - Public Works Department

e) Restructuring of Public Works Department
It is recommended that the City Council take the following actions:
D-8e.doc

Attachments are available for review at the City Clerk's Office.
  1. Authorize the City Manager to restructure the Public Works Department to include the creation of the Deputy City Engineer position and to fill the Deputy Building Official position in coordination with future retirements.

  2. Approve the class specification of Deputy City Engineer.

  3. Approve the salary range of Deputy City Engineer of $7,570 to $10,220 per month.

f) Approval to Proceed with the Bidding of the Golf Course and the Extension of Related Consultant Contracts
It is recommended that the City Council take the following actions:
D-8f.doc
  1. Direct staff to proceed with the bidding of the golf course and to extend the related consultant contracts.

  2. Approve the addition of one Public Works Project Supervisor position to the Public Works Department budget.

8) Miscellaneous - City Manager's Office

g) Authorization to Apply for State of California Recreational Trail Grant for Shadow Oak Park
It is recommended that the City Council adopt the following resolution authorizing the City of West Covina to submit an application to State of California's Recreational Trails Program for improvements to Shadow Oak Park:
D-8g.doc
D-8g Reso.doc

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM FOR THE SHADOW OAK PARK LOWER PLATEAU PROJECT

ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 through D-8g:

Motion by __________ 2nd by __________
to waive further reading of the resolutions and adopt,

and approve all items except: ________

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

END OF CONSENT CALENDAR

E) PUBLIC HEARINGS

1) PUBLIC HEARING
General Plan Amendment No. 06-01
Zone Change No. 06-01
Applicant: Rene Ortiz

Location: Garvey Avenue South and Lark Ellen Avenue
  1. Verification of publication
  2. Open hearing
  3. Staff presentation
  4. Public testimony
  5. Close hearing
  6. Council discussion
  7. Recommendation: The Planning Commission and staff recommend that the City Council adopt the following resolution to change the General Plan land use designation from "Low Medium Residential" (4.1 to 8.0 dwelling units per acre) to "Offices":

E-1.doc
E-1 Attach.1.doc
E-1 Attach.2.doc
E-1 Attach.3.doc
E-1 Attach.4.doc
E-1 Attach.5.doc
E-1 Attach.6.doc

RESOLUTION NO. - __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 06-01

Motion by ___________ 2nd by ___________
to waive further reading of the resolution, read by title only, and

adopt _____ disapprove _____ hold over _____

The Planning Commission and staff further recommend that the City Council introduce the following ordinance to change the zoning designation from "Open Space" (O-S) to "Office Professional" (O-P):

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING ZONE CHANGE NO. 06-01

Motion by ___________ 2nd by ___________
to waive further reading of the ordinance, and

introduce _____ disapprove _____ hold over _____

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

2) PUBLIC HEARINGS
2007 Congestion Management Program (CMP)

Conformance Self-Certification and Local Development Report
E-2.doc
E-2 Attach1.doc
E-2 Attach2.xls
  1. Verification of publication
  2. Open hearing
  3. Staff presentation
  4. Public testimony
  5. Close hearing
  6. Council discussion
  7. Recommendation: Staff recommends that the City Council adopt the following resolution:

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE 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 ___________ 2nd by ___________
to waive further reading of the resolution, read by title only, and

adopt _____ 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

PLANNING DEPARTMENT

1) Code Amendment No. 07-03 -
Trash Enclosure Requirements for Nonresidential Use
It is recommended that the City Council introduce the following ordinance:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADDING ARTICLE III OF CHAPTER 12 ESTABLISHING TRASH ENCLOSURE DISTRICTS (CODE AMENDMENT NO. 07-03)
G-1.doc
G-1 ExhibitA.doc
G-1 Ord.doc

Motion by ________ 2nd by ________

to waive further reading of the ordinance, read by title only, and

introduce ____ disapprove ____ hold over ____

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

CITY MANAGER'S OFFICE

2) Request for Legal Counsel Services from Former Planning Commissioner Carlos Thrasher
It is recommended that the City Council review and evaluate whether to grant or deny the request from former Planning Commissioner Carlos Thrasher to pay for his legal fees in his pending criminal matter.
G-2.doc

Motion by ________ 2nd by ________ to

approve _______ disapprove ________ hold over _________

H) MAYOR'S/COUNCILMEMBERS REPORTS

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) Councilmember Herfert
Request from Councilmember Steve Herfert Requesting the City Council Consider Supporting a Program to Paint Flags on Curbs of Veterans Residing in West Covina
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 9/18/07 7:00 pm Regular Meeting
Tuesday 10/2/07 7:00 pm Regular Meeting
Tuesday 10/16/07 7:00 pm Regular Meeting


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