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04-17-2012 - RegularCITY OF WEST I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR U-MEETINGOF V/t71taWAS POSTED IN ACCORDANCE WITH THE 01187 BROWN ACT AMENDMENT ;1WArE OPOC COVINLERK CITY COUNCIL TUESDAY APRIL 17, 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 Please turn off all cell phones and other electronic devices prior to entering the Council Chambers AMERICANS WI TH DISA BIL I TIES A CT The City complies with the Americans with Disabilities Act (ADA). If you will need special assistance at Council meetings, please call (626)prio939-8433 (voice) or (626) 960-4422 (TTY) from 8 to 5 Monday through Thursday. Do call at least one day r 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 andlat www.westcovina.org. 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 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 imembers. Agendas may contain items for these boards, as necessa PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL (Per WCMC 2-48, Ordinance No. 2150) Any person wishing to address the City Council 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 Cityi 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. i 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 to the Rules of Decorum will be found at the end of agenda. Tuesday April 17, 201 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY APRIL 17, 2012, 7:00 PM REGULAR MEETING INVOCATION Pastor Mason C Immanuel First ROLL CALL CHANGES TO THE AGEND PRESENTATIONS Church Proclamation Armenian Genocide Remembrance Day April, 17, 2012 Proclamation Arbor Day -April 22, 2012 Proclamation Earth Day - April 21, 2012 Certificates of Recognition Police Canine Handlers - Joe Serrano - Nick Franco Presentation Southern California Gas Company Smart Meters ORAL COMMUNIC Please step forward to the Mayor. ii TIONS - Five (5) minutes per speaker )dium and state your name and city of residence for the record when recognized by the CONSENT CALENDAR - City Council 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 sepaiate discussion of these items unless members of the City Council request specific items to be removed from the Consent Calendar for separate discussion or action. 2 material is available at www.westcovina.org Tuesday April 17, 2012 APPROVAL OF MEETING MINUTES (receive & file) 1) Special City Council Meeting Minutes .of February 13, 2012 Special City Council Meeting Minutes of February 21, 2012 Regular City Council Meeting Minutes of February 21, 2012 COMMISSION SUMMARY OF ACTIONS (receive & file) 2) Community Services Commission - January 10, 2012 3) Planning Commission - March 27, 2012 4 Senior Citizens Commission - December 8 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. Mercedez Nolasco vs. City of West Covina Efren Tirado vs. City of West Covina Rex K. Leadingham vs. City of West Covina Sylvia M. Campos vs. City of West Covina AWARD OF BID 6) Del Norte Park Splash Pad Construction (Project No. PP-12206) It is recommended that the City Council take the following actions: 1. Authorize the construction of a new Splash Pad facility at Del Norte Parkl per the design of Vortex Aquatic Structures International, Inc. dated March 5, 2012. II 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 Direetor/City Engineer and City Clerk to execute the contract to build the designed improvements at Del Norte Park. 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 of1$30,000. 4. Find the project categorically exempt under CEQA. 7) Award of Bid for Project No. SP-11110 - Major Street Rehabilitation Improvements - Various Locations Federal Project STPL-5259(024) It is recommended that the City Council take the following actions: 1. Establish City Project No. SP-11110, Federal Project 5259(024), for major street rehabilitation work at various locations in the City of West Covina. 2. Appropriate $330,000 of Federal Highway Fund to Account No. 140.81.8224.7200. 3. Transfer $42,755 from Project No. SP-12105 of Gas Tax Fund (Account No. 124.81.8213.7200) to Project No. SP-11110 (Account No. 124.81.8224.7200). 1 3 Agenda material is available at www.westcovina.org Tuesday April 17, 2012 4. Accept the t: bid opening Engineer an perform the 8) Award of Bid Avenue Intersi City Project N It is recommen amount of $40, Public Works I Electric, Inc. to d of Gentry Brothers, Inc. in the amount of $313,030 as submitted at the on March 22,' 2012, and authorize the Public Works Director/City 1 City Clerk to execute an agreement with Gentry Brothers, Inc. to r the Traffic Signal Modifications at Lark Ellen Avenue and Puente .L.U.1 - . TP-12501 and Federal Project No. HSIPL-5259(025) d that the City Council accept the bid of Freeway Electric, Inc. in the 8.00 as submitted at the bid opening on April 3, 2012 and authorize the ector/City Engineer and City Clerk to execute a contract with Freeway ,rform the work. 9) Award of Bid for Tree Maintenance Contract It is recommended that the City Council: 1. Find that the City of Garden Grove process is at least as stringent as the process used by the City of West Covina and the bids for tree trimming services submitted on August 15, 2011 satisfy the formal bid process required under Section 2-333 of the West Covina Municipal Code (WCMC) and thus justify the waiver of the formal bid process per, Section 2-330, WCMC. 2. Accept the tree maintenance bid schedule from West Coast Arborists, Inc. of Anaheim, California as submitted in the above referenced Garden Grove bid process and authorize the Public Works Director and City Clerk to execute a five-year contract agreement not to exceed $367,000 annually with said West Coast Arborists, Inc. for the service to be performed. TREASURER'S REPORT (receive & file) 10) City Treasurer's Report for the Month of February 2012 11) CDC Treasurer's Report for the Month of February' 2012 It is recommended that the City Council, acting as the Successor Agency to the West Covina Redevelopment Agency, receive and file this report. COMMUNITY SERVICES DEPARTMENT - Miscellaneous 12) * Energy Efficiency Upgrades to the West Covina Municipal Pool It is recommended that the City Council authorize the City Attorney to prepare, and the City Manager to execute, a second amendment to the 1994 Community Recreation Agreement between the City of West Covina and West Covina Unified School District with the terms given within the staff report. POLICE DEPARTMENT - Miscellaneous 13) 2012 BJA Justice Assistance Grant It is recommended that the City Council approve the 2011 BJA Justice Assistance Grant and authorize the'appropriation of an estimated $26,361 for future grant purchases, as follows: • $5,000 into 130.31.3111.5113 for supplemental overtime for enforcement . $13,361 into 130.31.3111.6220 for law enforcement supplies • $8,000 into 130.31.3111.6215 for police computer supplies 4 material is available at www.westcovina.org Tuesday April 17, 2012 14) Asset Forfeiture Funds for Police Vehicles, Overtime, and Supplies It is recommended that the City Council: I. Find that the ILos Angeles County RFB#IS-11201188-1 for Ford Police Interceptors satisfies West Covina's bid process and authorize the purchase of a total of thirteen (13) vehicles per specifications, directly from Wondries Fleet Group of Alhambra for $321,600.50 including taxes and fees, from account 117.3 1.3 120.7170. 2. Waive the bid process and authorize the purchase of four used vehicles for Detectives from Toyota of Tustin for $70,850, including sales tax, from account 117.31.3130.7170. 3. Authorize a purchase of fifty (50) mobile computers and accessories totaling $349,469 from account 117.31.3120.7160, as follows: - $217,749 for fifty (50) mobile computers (including warranties, battery service, wireless communication kits, tax and shipping) directly from General Dynamics of Sunset, FL, the WCSG's existing current -generation mobile computer vendor; - $61,820 for mobile computer mounting hardware (including tax and shipping ) from Mobile Mounts Inc., of McKinley, TX, the sole source provider of these mounting items, power units, and wiring kits; $15,900 for required mobile computer software, purchased subsequently. 4. Appropriate a total of $1,447,834.50 in federal asset forfeiture funds from the fund balance of Fund 117, as follows: - $500,000, into 117.31.3120.5113 for supplemental, unbudgeted overtime for staffing shortages, neighborhood crime responses, targeted enforcement, and emergency SWAT deployments; - A total of $405,515.50 into 117.31.3120.7170 for the purchase ($321,600.50) and equipping ($83,915), of thirteen (13) patrol vehicles, including conversion costs, warranties, etc. utilizing the City's currently authorized conversion vendor (West Coast Lights & Sirens), and police vehicle warranty vendor (Wondries Ford); - A total 'of $76,850 into 117.31.3130.7170 for the purchase ($70,850) and equipping ($6,000) of four used vehicles for Detectives; - A total of $349,469 into 117.31.3120.7160 for the purchase of mobile computers with accessories and software; - A total of $55,000 into 117.31.3110.7160 police equipment items including a law enforcement records retrieval device, technology items, and emergency response gear; - A total of $21,000 into 117.31.3110.6220 for police supply items including forensic imaging items, police facility furnishings, and tactical enforcement supplies; - A total of $40,000 into 117.311.3110.6050 for supplemental law enforcement, tactical and support services training. 1 .I PUBLIC WORKS -11 15) Landscape Ma Preliminary A It is recommei RESOLUTION THE CITY OF THE CERTIFII= HOLD A PI MAINTENANC TO FUND THE AND APPUW DISTRICT tenance District No. 4 roval of the Engineer's Report "d that the City Council adopt the following resolution: VO. - A RESOLUTION OF THE CITY COUNCIL OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING D ENGINEER'S REPORT AND DECLARING ITS INTENTION TO BLIC HEARING ON JUNE 5, 2012 FOR LANDSCAPE E DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 2012-2013 OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING ENANT FACILITIES WITHIN THE BOUNDARIES OF THE 5'� material is available at www.westcovina.org Tuesday April 17, 201 16) . Landscape Maintenance District No. 6 Preliminary Approval of the Engineer's Report It is recommended that the City Council adopt the following resolution: RESOLUTION INO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 5, 2012 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENCING IN FISCAL YEAR 20112-2013 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT u 17) Landscape Maintenance District No. 7 Preliminary Approval of the Engineer's Report li It is recommended that the City Council adopt the following resolution: j RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFj WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 5, 2012 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN FISCAL YEAR 2012-2013 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT 18) Participation in the Institute for Local Governments' 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 GOVERNMENTS' RECOGNITION PROGRAM, THE BEACON AWARD: LOCAL LEADERSHIP TOWARD SOLVING CLIMATE CHANGE I FIRE DEPARTMENT Miscellaneous 19) Surplus Equipment - Self -Contained Breathing Apparatus It is recommended that the City Council .declare the Fire Department Self -Contained Breathing Apparatus and Air Cylinders surplus and allow the sale of these items to the Rancho Cucamonga Fire Protection District. SUCCESSOR AGENCY 20) Approval and Transmittal of an Administrative Budget for the Successor Agency to the West Covina Redevelopment Agency, and Schedules of Distribution of iFuture Tax Revenues (Recognized Obligations Payment Schedules "ROPS") Pursuant to ABIX26 It is recommended that the City Council, acting as the Successor Agency to the West Covina Redevelopment Agency, adopt the following resolution: 6 Agenda material is available at www.westcovina.org Tuesday April 17, 201 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACTING AS SUCCESSOR AGENCY TO THE WEST COVINA REDEVELOPMENT AGENCY APPROVING AND AUTHORIZING THE TRANSMITTAL OF AN ADMINISTRATIVE BUDGET FOR THE SUCCESSOR AGENCY TO THE WEST COVINA REDEVELOPMENT AGENCY, AND SCHEDULES OF DISTRIBUTION OF FUTURE TAX REVENUES (RECOGNIZED OBLIGATIONS PAYMENT SCHEDULES "ROPS") FOR THE PERIODS JANUARY 1 - JUKE 30, 2012, AND JULY 1 - DECEMBER 31, 2012, PURSUANT TO ASSEMBLY BILL 1X26 (AB1X26) 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 CITY MANAGER'S OFFICE 21) Request from Mayor Michael Touhey Requesting the City Council Consensus to Instruct City Staff to Prepare a Report on City Commission Stipends It is recommended that the City Council direct staff accordingly. Motion by I second by to �. westcovina.org Tuesday April 17, 201 22) Appointment of City Commissioners It is recommended that the City Council adopt the appropriate resolutions appointing individuals to various City Commissions as follows: Planning Commission - Five Commissioners to serve an unexpired term through March 31, 2013. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING INDIVIDUALS TO THE WEST COVINA PLANNING COMMISSION Motion by Adopt - I disapprove second by hold over Community and Senior Services Commission - Ten Commissioners to serve an unexpired term through March 31, 2013. RESOLUTION INO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING INDIVIDUALS TO THE WEST COVINA COMMUNITY AND SENIOR SERVICES COMMISSION Motion by adopt I disapprove CITY ATTORNEY'S OFFICE second by hold over 23) Consideration of Appointment to Fill the Vacancy of the City Council Seat for the Unexpired Term Ending November 2013 It is recommended that the City Council review the Letters of Interest submitted and either fill the vacancy of the Council seat by appointment or provide other direction to City staff. Motion by I second by to 8 Agenda material is available at www.westcovina.org No reports for. this AB1234 Conference and Meeting Report (verbal, if any) (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.) JDIES OR INVESTIGi (Per City of West Covina Stranding 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.) No reports for this meeting. CITY COUNCIL COMMENTS ADJOURNMENT i Next Tentative City Council Meeting 11 Regular Meeting - CC 05/01/2012 7:00 PM 9 material is available at www.westcovina.org Tuesday April 17, 201 I I RULES OF DECORUM I 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 bel 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 al 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 officeri 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 whol, 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. 10 material is available at www.westcovina.org