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08-21-2012 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY AUGUST 21, 2012, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 Op�sG��a vog CE5� WpF Do?j Of PO 1Dt Mayor Michael Touhey H�MEvG We0AV Mayor Pro Tem Shelley Sanderso pRDAN ,3 Councilmember Steve Herfert Councilmember Robert Sotelo ECIT! p� Councilmember Fredrick Sykes OFF E Please turn off all cell phones and other electronic devices prior to entering the Council Chambers AMERICANS WITII 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.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 on the first and third Tuesday of the month. The West Covina Community Development Commission, 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 as 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 City Clerk. 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. R ULES 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 August 21, 2012 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY AUGUST 21, 2012, 7:00 PM REGULAR MEETING INVOCATION Officer Jeff Mosley West Covina Police Department PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Muscular Dystrophy Association Presentation John Hughes, Chairman West Covina Muscular Dystrophy Association Volunteer Committee 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 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 removed from the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) Special City Council Meeting Minutes of May 15, 2012 Regular City Council Meeting Minutes of May 15, 2012 Special City Council Meeting Minutes of May 29, 2012. COMMISSION SUMMARY OF ACTIONS (receive & file) 2) Human Resources Commission - June 13, 2012 3) Planning Commission - July 24, 2012 2 Agenda material is available at www.westcovina.org Tuesday August 21, 2012 CLAIMS AGAINST THE CITY 4) 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. • Maria Perez Cortez vs. City of West Covina • Oliverio Jimenez vs. City of West Covina • Elizabeth Montanez vs. City of West Covina ORDINANCES FOR ADOPTION 5) Ordinance for Adoption Reasonable Accommodation Standards This ordinance was introduced at the City Council meeting of - July 17, 2012. The purpose of this ordinance is to provide an opportunity for a disabled person to apply for relief from City land use standards so that they can adapt their dwelling unit to address their disability. The ordinance will become effective 30 days , after adoption on September 21, 2012. It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE. CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATING TO REASONABLE ACCOMMODATION STANDARDS (CODE AMENDMENT NO. 1 I- 02) AWARD OF BID 6.) Award of Bid for Residential Street Rehabilitation Work Project No. SP-12105 It is recommended that the City Council take the following actions 1. Award the contract to Gentry Brothers, Inc., in the amount of $1,064,960.00 and authorize the Public Works Director/City Engineer and City Clerk to execute the contract for residential street rehabilitation work. 2. Approve a change order to the project in the amount of $227,298.84 for additional streets to be paved. 7) Playground Improvements at Del Norte Park (Project No. PP-13208) It is recommended that the City Council take the following actions: 1. Authorize the upgrade of an existing playground "Tot Lot" at . Del Norte Park per Innovative Playgrounds design prepared on August 1, 2012. 2. Accept the bid of Green Giant Landscape, Inc. in the amount of $191,100 as submitted at the bid opening on August 14, 2012, and authorize the Public Works Director/City Engineer and City Clerk to execute the contract to build the designed improvements at Del Norte Parka 3. Authorize the transfer of existing CDBG Grant funds, for outside vendor -provided project costs spent to date and Special Inspector services, in the amount of $10,000 from Account No. 131.82.8042.7160 to Account No. 131.82.8317.7700. 3 Agenda material is available at www.westcovina.org Tuesday August 21, 2012 TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 8) Traffic Committee Minutes of July 17, 2012 It is recommended that the City. Council accept and file the Traffic Committee Meeting Minutes of July 17, 2012: L Request: Lisa Pangan, West Covina resident That a multi -way stop be . installed at the intersection of Shadydale Avenue and Farlington Street and vehicle speeds be reviewed. Traffic Committee Recommendation: That two-way stop signs be installed on the west and eastbound approaches of Farlington Street at Shadydale Avenue. That 25 miles per hour speed limit signs with radar enforced plates be installed on the north and southbound approaches of Shadydale Avenue. TREASURER'S REPORT (receive & file) 9) City Treasurer's Report for the Month of March 2012 It is recommended that the City Council receive and file the report. 10) City Treasurer's Report for the Month of. April 2012 It is recommended that the City Council receive and file this report. 11) City Treasurer's Report for the Month of May 2012 It is recommended that the City Council receive and file this report. 12) City Treasurer's Report for the Month of June 2012 It is recommended that the City Council receive and file this report. CITY MANAGER'S OFFICE 13) Award of Bid Printing of Discover West Covina It is recommended that the City Council approve a three-year contract with Sari Art & Printing, Inc. for the printing of "Discover West Covina". PUBLIC WORKS 14) Informational Update on the City. Sharps Collection Program It is recommended that the City Council receive and file this informational report. 4 Agenda material is available at www. westcovina.org Tuesday August 21, 2012 HUMAN RESOURCES 15) Approval of Class Specification and Salary Range for Deputy Fire Marshal It is recommended that the City Council adopt the following resolution regarding the proposed class specification for Deputy Fire Marshal. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE CLASS SPECIFICATION AND SALARY RANGE FOR DEPUTY FIRE MARSHAL 16) Approval of Salary Range Adjustment for Fire Chief and Police Chief It is recommended that the City Council adopt the following resolution regarding a salary range adjustment for Fire Chief and Police Chief. RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2007-65 RELATING TO MANAGEMENT COMPENSATION, BENEFITS AND CLASSIFICATION OF DEPARTMENT HEADS FINANCE DEPARTMENT 17) Resolution Authorizing Investment in the Local Agency Investment Fund (LAIF) It is recommended that the City Council adopt the following resolution entitled: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE USE OF THE LOCAL AGENCY INVESTMENT FUND UNDER THE OFFICE OF THE CALIFORNIA STATE TREASURER AS AN INVESTMENT MEDIA ALTERNATIVE 18) Cooperation Agreement between City of West Covina ("City") and Successor Agency to the West Covina Redevelopment Agency ("Successor Agency") for Advance and Reimbursement of Administrative, Overhead and Other Expenses 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 A COOPERATIVE AGREEMENT WITH THE SUCCESSOR AGENCY TO THE FORMER WEST COVINA REDEVELOPMENT AGENCY FOR THE ADVANCE AND REIMBURSEMENT OF ADMINISTRATIVE COSTS, ENFORCEABLE OBLIGATIONS, AND -PROJECT RELATED EXPENSES ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented except: ROLL CALL: Herfert, Sanderson, Sotelo, Sykes, Touhey 5 Agenda material is available at www.westcovina.org Tuesday August 21, 2012 ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION END OF CONSENT CALENDAR .DEPARTMENTAL REGULAR MATTERS CITY MANAGER'S OFFICE 19) Resolution Reaffirming City's Commitment to the Brown.Act 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, REAFFIRMING THE CITY'S COMMITMENT TO OPEN GOVERNMENT AND COMPLIANCE WITH THE RALPH M. BROWN ACT Motion by second by adopt disapprove holdover 20) Appointment of Community and Senior Services Commissioner It is recommended that the _City Council adopt the following resolution appointing an individual to the Community and Senior Services Commission to serve the remaining three-year term that expires on March 31, 2013: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING TO THE WEST COVINA COMMUNITY AND SENIOR SERVICES COMMISSION Motion by second by adopt disapprove hold over SUCCESSOR AGENCY Recess the City Council meeting at p.m. to convene the Successor Agency meeting. SEE SEPARATE SUCCESSOR AGENCY AGENDA Reconvene the City Council meeting at p.m. MAYOR/COUNCILMEMBERS REPORTS No reports. 6 Agenda material is available at www.westcovina.org Tuesday August 21, 2012 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.) CITY COUNCIL 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.) COUNCILMEMBER FREDRICK SYKES 21) Request from Councilmember Fredrick Sykes Requesting the City Council to Instruct City Staff to Prepare a Report on the Steps to Introduce State Legislation Mandating Pharmaceutical Companies and Retail Establishments that Sell Needles to Fund and Provide Needle Recycling Programs It is recommended that the City Council direct staff accordingly. Motion by second by to 22) Request from Councilmember Fredrick Sykes Requesting the City Council to Instruct City Staff to Prepare a Report Reviewing Types of Contract Provisions Contained in City Service Agreements It is recommended that the City Council direct staff accordingly. Motion by second by to CITY COUNCIL"COMMENTS ADJOURNMENT ' Next Tentative City Council Meeting Regular Meeting - CC 09/04/2012 7:00 PM 7 Agenda material is available at.www.westcovina.org Tuesday August 21, 2012 RULES OF DECORUM The following are excerpts. 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. 8 Agenda material is available at www.westcovitta.org