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04-03-2012 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY. APRIL 03, 2012, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 Mayor Michael Touhey Mayor Pro Tem Shelley Sanderson Councilmember Steve Herfert Councilmember Fredrick Sykes i CERTIFY THAT A COPY OF THE COUNCIL AGENDA K E MEETING OF 3142 WAS POSTED IN ACC DM H THE OIJ87 BROWN ACT AMENDIA 03� 9 t � at cui. OFF E 0 HE CITY CLERK Please turn off all cell phones and other electronic devices prior to entering the 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 toithe meeting. AGENDA MATERIAL Agenda material is avail Avenue, West Covina an( not exempt from public d before the meeting, will t located at 1444 W. Garve NOTICE The City Council will red Covina Public Financing, the City Council serves as Any person wishing to a their jurisdiction should submit the card to the Ci Please identify on the sp speak on agenda items limited to five (5) minute Oral Communications not concluded. Any testimony or ble for review at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey at www.westcovina.ore. Any writings or documents regarding any item on this agenda, ;closure, provided to a majority of the City Council that is distributed less than 72 hours made available for public inspection in the City Clerk's Office, Room 317 of City Hall Avenue, West Covina, during normal business hours. ilarly convene in joint session on the first and third Tuesday of the month. The West uthority and The West Covina Community Services Foundation are agencies on which nembers. Aeendas may contain items for these boards, as necessary. PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL (Per WCMC 2-48, ;Ordinance No. 2150) ress the City Council on any matter listed on the agenda or on any other matter within )mplete a speaker card that is provided at the entrance to the Council Chambers and Clerk. RULES OF DECORUM Excerpts from the West Co found at the end of agenda. r card whether you are speaking on an agenda item or non -agenda. Requests to be heard prior to requests to speak on non -agenda items. All comments. are speaker. be limited to thirty (30) `minutes, unless speakers addressing agenda items have regarding a matter set for a Public Hearing will be heard during the hearing. Municipal Code and Penal Code pertaining to the Rules of Decorum will be Tuesday April 03, 20121 INVOCATION Andrew Pasmant City Manager I ROLL CALL AGENDA. CITY OF WEST COVINA CITY COUNCIL TUESDAY APRIL 03, 2012, 7:00 PM REGULAR MEETING I )UT FROM CLOSED Sl GES TO THE PRESENTATIONS Proclamation I 100th Anniversary of Girl Scouting - Girl Scouts of America Daisy Troop #4054 - Girl Scouts of America Troop #1154 Proclamation Armenian Genocide Remembrance Day Presentation West Covina High School Varsity Wrestling Team Proclamation Welcome Home Vietnam Veterans Day 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. %-"1140111\ 1 \ tiLL` 1\Lt11\ — \.vuaa%.ai 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 request specific items to be removed fi-om the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) Special City Council Meeting Minutes of February 13, 2012 COMMISSION SUMMARY OF ACTIONS (receive & file) 2 Senior Citizens Commission - December 8, 2011 3), Community Services Commission - January 10, 2012 2 la material is available at www.westcovina.org Tuesday April 03, 201 4) Planning C - March 27, 2012 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. • Mercedez Nolasco vs. City of West Covina • Efren Tirado vs. City of West Covina • Rex K. Il eadingham vs. City of West Covina • Sylvia M. Campos vs. City of West Covina AWARD OF BID 6) Del Norte Park Splashpad Construction (Project No. PP-12206) It is recommended that the City Council take the following actions: 1. Authorize the construction of a new Splashpad facility at Del Norte Park per the design of Vortex Aquatic Structures International, Inc. dated March 5, 2012. 2. Accept the bid of Micon Construction in the amount of $498,448 as submitted at the bid opening) on March 22, 2012, and authorize the Public Works Director/City Engineer and City Clerk to execute the contract to build the designed improvements at Del Norte iPark. 3. Authorize the adjustment of current and future Fiscal Year budgets to include the costs needed for ongoing operating and maintenance of this new park feature, using either General Funds or Park Bond funds (if approved), in an annual recurring amount of $30,000. 4. Find the project categorically exempt' under CEQA. PUBLIC WORKS - 7) Participation in' the Institute for Local Government's Beacon Award: Local Leadership Toward Solving Climate Change Recognition Program 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, APPROVING PARTICIPATION IN THE INSTITUTE FOR LOCAL GOVERNMENT'S RECOGNITION PROGRAM, THE BEACON AWARD: LOCAL LEADERSHIP TOWARD SOLVING CLIMATE CHANGE ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented except: ROLL ITEMS REMOVED SEPARATE ACTION : Herfert, Sanderson, Sykes, Touhey M THE CONSENT CALENDAR FOR DISCUSSION OR END OF CONSENT CALENDAR 3 material is available at www.westcovina.org Tuesday April 03, 2012 UN No reports for this AB1234 Conference and Meeting Report (verbal, if any) (In accordance with A6 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) (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 agenda as items of business and must be approved by a majority of the City Council.) MAYOR PRO TEM SHELLEY SANDERSON 8) Request from Mayor Pro Tem Shelley Sanderson to Discuss Use of Public Art funds for West Covina's Veterans' Memorial It is recommended that the City Council direct staff accordingly. Motion by I second by to ADJOURNMENT Regular Meeting - CC Next Tentative City Council Meeting 04/17/2012 7:00 PM 4 material is available at www.westcovina.org Tuesday April 03, 2012 I ! RULES OF DECORUM I I The following are excerpt i 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 following are excerpts front 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. I 5 Agenda) material is available at www.westcovina.org I