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06-07-2011 - RegularCITY OF WEST COVINA CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION TUESDAY JUNE 075-2011, 7:00 PM REGULAR JOINT MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 Mayor/Chairman Steve Herfert Mayor Pro Tem/Vice Chairman Michael Touhey Councilmember/Commissioner Karin Armbrust Councilmember/Commissioner Sherri Lane Councilmember/Commissioner Shelley Sanderson Please turn off all cell phones and other electronic devices prior to entering the Council Chambers AMERICANS WITH DISABILITIESACT 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.ivestcovina.o. 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/Community Development Commission will regularly convene in joint session on the first and third Tuesday of the month. The 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/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 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 t�C�THA�A C�c rUin F willHE be UNCIL AGENDA FOR found at the end of the agenda. THE MEETING OF / 7U/# WAS POSTED IN ACCORDAN WITH THE 01187 BROWN ACT AMENDMENT DATED: G/3� 11 OFFICE OF THE CITY CLERK Tuesday June 07, 2011 AGENDA CITY OF WEST COVINA CITY COUNCIL COMMUNITY DEVELOPMENT COMMISSION TUESDAY JUNE 071) 2011, 7:00 PM REGULAR JOINT MEETING INVOCATION Pastor Mason Okubo Immanuel First Lutheran Church PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS ORAL COMMUNICATIONS - Five (5) minutes per sneaker Please step forward to the podium and state your name and city of residence for the record when recognized by the Mayor. CONSENT CALENDAR - City Council/CDC All matters listed under 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 removedfrom the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive& file) 1) Special City Council Minutes of May 3, 2011 Regular Joint City Council/CDC Minutes of May 3, 2011 Special City Council Minutes of May 9, 2011 COMMISSION SUMMARY OF ACTIONS (receive & file) 2) Community Services Commission - March 8, 2011 3) Planning Commission - May 24, 2011 4) Senior Citizens Commission - February 24, 2011 2 Agenda material is available at www.tvestcovina.org Tuesday June 07, 2011 CLAIMS AGAINST THE CITY 5) 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. Gary Zarubick vs. City of West Covina Yvette Mendoza vs. City of West Covina Alliance United Insurance/Moise Sucres vs. City of West Covina Farmers Insurance/Crystal Waters vs. City of West Covina Rocio Ayard vs. City of West Covina . AWARD OF BID 6) Award of Bid for Residential Street Rehabilitation Work (Project No. SP-11105) It is recommended that the City Council award the contract to All American Asphalt, Inc. in the amount of $647,000.00 and authorize the Public Works Director/City Engineer and City Clerk to execute the contract for the residential street rehabilitation work. TREASURER'S REPORT (receive & file) 7) City Treasurer's Report for the Month of April 2011 8) CDC Treasurer's Report for the Month of April 2011 CITY CLERK'S OFFICE - Miscellaneous 9) Initiating the November 8, 2011 General Municipal Election 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, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2011, WITH THE SCHOOL DISTRICT ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT THE ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2011 Agenda material is available at www.westcoviiia.org Tuesday June 07, 2011 CITY MANAGER'S OFFICE - Miscellaneous 10) Lease Agreement with Rowland Unified School District to Co -Locate Two Public Safety Antennas on the BKK Radio Tower It is recommended that the City Council approve the proposed Lease Agreement authorizing Rowland Unified School District to co -locate two (2) public safety antennas on the BKK radio tower. 11) City of West Covina 2011 Legislative Platform It is recommended that the City Council adopt the proposed 2011 Legislative Platform io support/oppose county, state, and federal legislation as appropriate. COMMUNITY DEVELOPMENT COMMISSION - Miscellaneous 12) Auto Plaza Business Improvement District It is recommended that the City Council adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2011-2012, AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 21, 2011 FIRE DEPARTMENT - Miscellaneous 13) Authorization for Fireworks Display It is recommended that the City Council authorize the following fireworks displays: 1. Fireworks display at the West Covina High School graduation ceremony to be held on June 9, 2011. 2. Fireworks display for the City of West Covina Independence Day Celebration to be held on July 4, 2011, at Edgewood Middle School. HUMAN RESOURCES - Miscellaneous 14) Resolution of Intention to Amend the Contract between CALPERS and the City of West Covina; First Reading of Ordinance to Amend the Retirement Benefit for Local Fire Members Entering Membership for the First Time in the Fire Classification to 3% at 55 It is recommended that the City Council: 1. Adopt Resolution of Intention to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System (CaIPERS) and the West Covina City Council; and 2. Introduce Ordinance authorizing an amendment to the contract between the Board of Administration of Ca1PERS and the West Covina City Council; and 3. Authorize the City Clerk to execute required CaIPERS certifications and documents for local fire members entering membership for the first time in the fire classification (Safety), amending the retirement benefit to 3% at 55. • Form CON-12, Certification of the Governing Body's Action • Form CON-30, Certification of Compliance with Government Code Section 20475 4 Agenda material is available at www.westcovina.org Tuesday June 07, 2011 PUBLIC WORKS - Miscellaneous 15) Co -Operative Agreement with the County of Los Angeles to Procure Traffic Signal Control System Software and Hardware and Traffic Signal Controllers It is recommended that the City Council take the following actions: 1. Accept a grant in the amount of $780,000 from the County of Los Angeles to procure Traffic Signal Control System software, hardware, and traffic signal controllers and authorize the Public Works Director/City Engineer to execute a cooperative agreement with the County of Los Angeles. 2. Appropriate $475,000 from the grant to City Project No. TP-11503 (Account No. XXX.85.8138.7800) and $305,000 from the grant to City Project No. TP-08504 (Account No. XXX.85.8852..7800). 3. Award the procurement of the Traffic Signal Control System software and hardware to Transcore in the amount of $431,303 and authorize the Public Works Director/City Engineer and City Clerk to execute a consultant agreement with Transcore. 4. Award the procurement of the traffic signal cabinets and controllers to Aegis/Econolite in the amount of $334,738 and authorize the Public Works Director/City Engineer and City Clerk to execute a consultant agreement with AegisEconolite. AB1234 Conference and Meeting Report (receive & file) 16) International Council of Shopping Centers (ICSC) & Contract Cities Meeting and Conference Report It is recommended that the City Council receive and file the report. ACTION ON CONSENT CALENDAR Motion by I I second by to approve all items listed on the Consent Calendar as presented except: ROLL CALL: Armbrust, Lane, Sanderson, Touhey, Herfert ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION END OF CONSENT CALENDAR 5 Agenda material is available at wwiv.westcovina.org Tuesday June 07, 2011 HEARINGS PUBLIC HEARINGS 17) West Covina Landscape Maintenance District No. 4 18) West Covina Landscape Maintenance District No. 6 19) West Covina Landscape Maintenance District No. 7 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 resolutions: 17) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT, AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2011 18) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT, AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2011 19) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT AND THE ASSESSMENT CONTAINED IN THAT REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7; ORDERING LANDSCAPING MAINTENANCE, RENOVATION AND REPLACEMENT, AND APPURTENANCES TO BE MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1, 2011 Motion by second by adopt disapprove hold over 6 Agenda material is available at www.westcovina.org Tuesday June 07, 2011 MAYOR/COUNCILMEMBERICOMMISSIONER REPORTS Mayor Steve Herfert 20) Legislation Requiring the State of California to be Subject to the Same Transparency and Disclosure Requirements that are Imposed on Local Governments It is recommended that the City Council instruct City staff to work with State elected officials representing West Covina, the League of California Cities, and the City's legislative advocate firm of Joe Gonsalves & Sons, to draft legislation requiring the State of California and special districts to be subject to the same transparency and disclosure requirements that are imposed on other levels of governments. Motion by second by to AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councibnembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) DEPARTMENTAL REGULAR MATTERS FINANCE DEPARTMENT 21) 2011-12 Fiscal Year Preliminary Budget Preview 1. It is recommended that the City Council review and discuss the 2011-12 Preliminary Budget, and take action as appropriate. 2. 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, ADOPTING THE CITY OF WEST COVINA OPERATING BUDGET, COMMUNITY DEVELOPMENT COMMISSION BUDGET, WEST COVINA COMMUNITY SERVICES FOUNDATION, INCORPORATED, CAPITAL IMPROVEMENT PROGRAM AND LOCAL ENFORCEMENT AGENCY BUDGET AND APPROVING THE APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2011 AND ENDING JUNE 30, 2012 Motion by second by Fro. 7 Agenda material is available at www.westcovina.org Tuesday June 07, 2011 CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION 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 for this meeting. CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION COMMENTS ADJOURNMENT Next Tentative City Council/CDC Meeting Regular Meeting - CC and CDC 06/21/2011 7:00 PM 8 Agenda material is available at www.westcoviita.org Tuesday June 07, 2011 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 tone 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. 9 Agenda material is available at wimwestcovina.org