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08-01-2012 - SpecialCITY OF WEST COVINA CITY COUNCIL WEDNESDAY AUGUST 01, 2012 6:00 PM CLOSED SESSION, 6:30 PM OPEN SESSION SPECIAL 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 Robert Sotelo Councilmember Fredrick Sykes 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 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.orQ. 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 boards, as necessary. PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL (Per WCMC 2-48, Ordinance No. 2150) If you wish to address the City Council during this Special Meeting, you may only address the City Council concerning the item(s) that are described in the notice for this special meeting. (Government Code Section 54954.3(a). Please 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 the agenda item you wish to address to the City Council. All comments are limited to five (5) minutes per speaker. Oral Communications may be limited to thirty (30) minutes. Any testimony or comments regarding a matter set for a Public Hearing will be heard during the hearing. . l[ULCa Ur LGLVnvirl Excerpts from the West Covina Municipal Code and Penal Code pertaining to the found at the end of the agenda. T t c `r yXbbPyVJq COUNCIL AGENDA FOR T1NG OF 81 e4:i 1.2WAS POSTED IN ANCE WITii-THE 01187 BROWN ACT AMENDMENT WEDNESDAY AUGUST 01, 2012, 6:00 PM SPECIAL MEETING CLOSED SESSION - CITY MANAGER'S CONFERENCE ROOM 6:00 P.M. ROLL CALL PUBLIC COMMENTS ON ITEMS ON THE AGENDA - Closed Session Items CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.E City Negotiators: Pasmant, Bachman, St. Peter • Employee Organizations Confidential Employees - General Employees - Maintenance & Crafts Employees - Mid -Management Employees Non -Sworn Safety Support Employees City Negotiator: Pasmant Miscellaneous Unrepresented Management Employees, including -Assistant City Clerk -Fire Chief -Assistant City Manager -Director of Human Resources -Community Development Commission -Planning Director Director Police Chief -Community Services Director Public Works Director and City Engineer -Deputy City Manager - Director of Risk Management -Finance Director , PUBLIC EMPLOYMENT Pursuant to Government Code § 54957 ' City Manager CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code § 549569(a) City of West Covina and City of West Covina Community Development Commission v. Hassen Imports Partnership, et at., and related cross complaints and cases Recess the City Council closed session discussion at p.m. to, convene the City Council open session meeting in the City Council Chambers. OPEN SESSION - CITY HALL COUNCIL CHAMBERS, IST FLOOR 6:30 P.M. Reconvene the City Council meeting at p.m. PLEDGE OF ALLEGIANCE REPORT OUT FROM CLOSED SESSION 2 Agenda material is available at www.westcovinii.org Wednesday August 01, 2012 PUBLIC COMMENTS ON ITEMS ON THE AGENDA Public Comments are limited to items on the agenda only. All comments are limited to five (S) minutes per speaker. CONSENT CALENDAR CITY CLERK'S OFFICE 1) Ordinance for Adoption Amendment to the West Covina Municipal Code Establishing Rules and Regulations at Splashpads and Dog Parks This ordinance was introduced at the City Council meeting of July 17, 2012. The purpose of this ordinance is to add rules and regulations to the West Covina Municipal Code that are necessary to assist City staff and law enforcement in maintaining public safety and fun at splashpads and dog parks including the recently approved Splashpad and Dog Park at Del Norte Park. This ordinance will become effective on September 1, 2012, thirty days after its adoption. 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 SECTION 18 OF CHAPTER 16 OF THE WEST COVINA MUNICIPAL CODE ADDING RULES AND REGULATIONS AT SPLASHPADS AND DOG PARKS CITY MANAGER'S OFFICE 2) Ratification of Walk of Fame Committee Appointments It is recommended that the City Council ratify the appointments made by the Mayor to the Walk of Fame Committee as contained within the report. 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 DEPARTMENTAL MATTERS FINANCE DEPARTMENT 3) 2012-13 Fiscal Year Balanced Budget Preview It is recommended that the City Council: 1. Review and discuss the 2012-13 Preliminary Budget, and take action as appropriate, and 2. 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; COMMUNITY DEVELOPMENT COMMISSION; SUCCESSOR AGENCY; WEST COVINA COMMUNITY SERVICES FOUNDATION, INCORPORATED; CAPITAL IMPROVEMENT PROGRAM; AND LOCAL 3 Agenda material is available at www.westcovina.org Wednesday August 01, 2012 ENFORCEMENT AGENCY OPERATING BUDGETS AND APPROVING THE APPROPRIATIONS ,FOR THE FISCAL YEAR COMMENCING JULY 1, 2012 AND ENDING JUNE 30, 2013 Or, alternatively, adopt the following resolution: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO CONTINUE APPROPRIATIONS CONSISTENT WITH THE 2011-12 FISCAL YEAR CITY OF WEST COVINA; COMMUNITY DEVELOPMENT COMMISSION; SUCCESSOR AGENCY; WEST COVINA COMMUNITY SERVICES FOUNDATION, INCORPORATED; AND LOCAL ENFORCEMENT AGENCY OPERATING 'BUDGETS UNTIL THE ADOPTION OF THE FISCAL YEAR 2012-13 ANNUAL BUDGET Motion by second by to SUCCESSOR AGENCY Recess the City Council meeting at p.m. to reconvene the Successor Agency meeting. SEE SEPARATE SUCCESSOR AGENCY AGENDA Reconvene the City Council meeting at p.m. ADJOURNMENT Adjourn the Special City Council meeting at 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 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. 463 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.