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Tuesday, February 17, 2009
REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL

Date: Tuesday, February 17, 2009
Time: 7:00 p.m.
Place: Council Chambers

AGENDA

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 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.

Any writings or documents, not exempt from public disclosure, provided to a majority of the City Council regarding any item on this agenda 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.

INVOCATION

Pastor Doug Wilson
Bethany Baptist Church

PLEDGE OF ALLEGIANCE

Councilmember Lane

ROLL CALL

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

REPORTING OUT FROM CLOSED SESSION

CHANGES TO THE AGENDA

PRESENTATIONS
  • Resolution of Commendation & City Tile Presentation Retiring Police Sergeant Walt Hauser

  • Check Presentation
    Award of Target Stores Grant
    West Covina Police Department

  • Certificates of Recognition
    Volunteers of the Year
    Irene Fleck
    Glenn Kennedy

  • Presentation
    Valley Light Industries

  • Certificates of Recognition
    Junior High & High School Counselors

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)

Special Meeting of November 4, 2008
smin 11-04-08.doc

Regular Meeting of November 4, 2008
min11-04-08a.doc

Regular Meeting of November 18, 2008
min 11-18-08.doc

2) Claims Against the City of West Covina

Government Tort Claim Denials (deny & notify claimant)
It is recommended that the following Government Tort Claims be denied and the claimants and/or their respective attorneys be so notified.
D-2.doc
  • Progressive Insurance vs. City of West Covina
  • Johnathan De La Cruz vs. City of West Covina
  • Steven J. Lynn, Trustee of the Lynn Family Trust vs. City of West Covina
  • Alethea Davis-Smith vs. City of West Covina
  • Suchen Lee Lo vs. City of West Covina

3) Award of Bid

Rejection of Bids for Maintenance Contract for Heating, Ventilation, and Air Conditioning Equipment at 23 City Locations
(Project No. WCM-HVAC-09)
It is recommended that the City Council take the following actions:
D-3.doc

1. Reject all bids.

2. Direct Staff to return to the City Council with HVAC service program options that may reduce maintenance and operational costs.

3. Authorize Public Works to continue its current service contract on a month-to-month basis with Allison Mechanical, the current vendor, at a negotiated cost of $9,000 per month. This extension shall use existing available funding, and be for a period of three to six months.

4) Miscellaneous - Finance Department

a) Surplus Equipment
It is recommended that the City Council authorize the sale of 52 City surplus vehicles by public auction company, US Auctions, in accordance with Section 2-316 of the West Covina Municipal Code.
D-4a.doc

Miscellaneous - Fire Department

b) Appropriation of Fire Department Training Funds
It is recommended that the City Council appropriate $11,947.63 from the Fund Balance in the Fire Training Fund (Fund 219) into the Fire Training Account (219.32.3210.6551) so these funds can be used for training purposes this fiscal year.
D-4b.doc

Miscellaneous - Police Department

c) Los Angeles Radio Interoperable Communications System (LA-RICS) Joint Powers Authority (JPA)
It is recommended that the City Council authorize the City Manager to execute the agreement to join the Los Angeles Radio Interoperable Communications System (LA-RICS) Joint Powers Authority.
D-4c.doc

d) Appropriation of Private Grant from Target Corporation for Computer Investigations
It is recommended that the City Council appropriate the Target Corporation grant, as follows:
D-4d.doc
  • $2,000 into 221.31.3130.6220.

ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-4d:

Motion by _________ second by __________

approve all items except: ____________________

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

END OF CONSENT CALENDAR

E) PUBLIC HEARINGS

1) Development of a Draft FY 2009-2010 Community Development Block Grant (CDBG) Action Plan
E-1.doc
E-1 Attach.doc
  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 direct staff to develop a draft FY 2009-2010 CDBG Action Plan, which incorporates the recommendations of the Community Services and Senior Citizens Commissions, as detailed in Attachment No. 1 of the report.

Motion by __________ 2nd by ____________

to _____________________________________

2) Voluntary Ambulance Subscription Fee
E-2 & Reso.doc
  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 take the following actions:

1. Approve the Voluntary Ambulance Subscription Program in concept,

2. Adopt the following resolution:
RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE VOLUNTARY AMBULANCE SUBSCRIPTION FEE

3. Direct staff to implement the program as described.

Motion by __________ 2nd by ____________
to waive further reading of the resolution, read by title only and adopt, and approve the Program in concept and implement as described

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

No reports for this meeting.

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.)

No reports for this meeting.

COUNCILMEMBER COMMENTS

ADJOURNMENT

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

Tentative City Council Meetings

Tuesday 3/3/09 7:00 pm Regular Meeting
Tuesday 3/17/09 7:00 pm Regular Meeting