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10-02-2012 - RegularG��DpFOA UN00 r P D q �XI 'CITY OF WEST COVINA OF CITY COUNCIL TUESDAY OCTOBER 02, 2012, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 Mayor Michael Touhey Mayor Pro Tern 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 wrvrv.rvestcovina.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. 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 October 02, 2012 AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY OCTOBER 02, 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 Proclamation Fire Prevention Week October 7, 2012 - October 13, 2012 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. 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 June 19, 2012 Regular City Council Meeting Minutes of June 19, 2012 COMMISSION SUMMARY OF ACTIONS (receive & file) 2) Planning Commission - September 25, 2012 2 Agenda material is available at www.westcovina.org Tuesday October 02, 2012 ORDINANCES FOR ADOPTION 3) Ordinance for Adoption Sewer System Overflow Prevention Ordinance This ordinance was introduced at the City Council meeting of September 18, 2012. The purpose of this ordinance is to comply with State regulations that require cities to establish legal authority to control the amount of fats, oil, and grease that enter the City's municipal sewerage system. The ordinance will become effective November 2, 2012, 30 days after its adoption on October 2, 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 DIVISION 3, SAND AND GREASE INTERCEPTORS AND DIVISION 6, INDUSTRIAL CONNECTION SEWER UNDER CHAPTER 23 - UTILITIES, ARTICLE II, SEWER AND SEWAGE DISPOSAL OF THE CITY OF WEST COVINA MUNICIPAL CODE 4) Ordinance for Adoption Standard Specifications for Public Works Construction - 2012 Edition This ordinance was introduced at the City Council meeting of September 18, 2012. The purpose of this ordinance is to adopt the 2012 Edition of the Standard Specifications for Public Works construction in order that the City may use the most current version of this useful reference material. The ordinance will become effective November 2, 2012, 30 days after its adoption on October 2, 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, ADOPTING THE 2012 EDITION OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION BY REPEALING AND ADOPTING. SECTION 19-1 OF THE WEST COVINA MUNICIPAL CODE TRAFFIC COMMITTEE MEETING MINUTES (accept & file) 5) Traffic Committee Meeting Minutes of September 18, 2012 It is recommended that the City Council accept and file the. Minutes of the Traffic Committee Meeting of September 18, 2012. L Request City Initiated Annual Intersection Collision rate report for the year 2011 (informational). Traffic Committee Recommendations: That stop ahead sign and pavement markings be installed on the westbound approach of Fairgrove Drive at Lark Ellen Avenue intersection. That staff proceed with the design and construction of the approved CIP project to mitigate restricted sight distance for the north and southbound vehicles on Lark Ellen Avenue at Rowland Avenue and the addition of marked left -turn pocket for the eastbound approach of Rowland Avenue at Lark Ellen Avenue. That staff continue to monitor the intersection of Cortez Street and Hollenbeck Street with the recent improvements. That stop ahead pavement markings be repainted for the eastbound approach of Pass and Covina Road at Lark Ellen Avenue. 3 Agenda material is available at www.westcovina.org Tuesday October 02, 2012 IL Request: Alex Ramirez, West Covina Resident That stop signs be installed on the minor street approaches of the intersection of Fleetwell Avenue and Shamwood Street. Traffic Committee Recommendation: That stop signs be installed on the eastbound approach of Shamwood Street at Fleetwell Avenue. COMMUNITY SERVICES DEPARTMENT 6) Change in City Subsidy Structure for Sports Council Leagues and Teams It is recommended that the City Council approve the West Covina Sports .Council and Community & Senior Services Commission's recommendation to amend the City's subsidy structure for West Covina Sports Leagues. J CITY CLERK'S OFFICE ; 7) Biennial Review of the City's Conflict of Interest Codes I' It is recommended that the. City Council adopt the following resolutions amending the City of West Covina's Conflict of Interest Codes and adopting a Conflict of Interest Code for the Successor Agency to the Redevelopment Agency. RESOLUTION NO. - A RESOLUTION OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE CITY OF WEST COVINA 1 RESOLUTION NO. - A RESOLUTION OF THE CITY OF'i WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE WEST COVINA COMMUNITY DEVELOPMENT COMMISSION ;' RESOLUTION NO. - A RESOLUTION OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST I CODE FOR THE SUCCESSOR AGENCY TO THE WEST COVINA REDEVELOPMENT AGENCY CITY MANAGER'S OFFICE 8) Amendment to the Post Retirement Employment Agreement- City Manager It is recommended that the City Council approve the following: 1. Amend the Post .Retirement Employment Agreement -City Manager extending the term of the contract from December 31, 2012 to June 30, 2013 subject' to the statutory 960 hours of post retirement limitation. fi 2. Approve the inclusion of the City Manager into the PARS supplemental retirement benefit plan as set forth in his prior employment agreement. ti 3. Authorize the City Attorney to prepare an Amendment to the Post Retirement Employment Agreement -City Manager and authorize the Mayor to execute. ' b 4 Agenda material is available at wwmwestcovina.org I Tuesday October 02, 2012 9) Letter Supporting HR 5823 (Saving Taxpayers from Unnecessary Bulk Sale Programs Act of 2012) It is recommended that the City Council instruct City staff to prepare a letter in support of HR 5823 and forward to the appropriate federal representative serving. West Covina. II 10) Video We and Cable Television Broadcasting of City Council Meetings It is recommended that the City Council receive and file this informational report. ACTION ON CONSENT CALENDAR jl Motion by second by to approve all items listed on the Consent Calendar as presented . i except: ROLL CALL: Herfert, Sanderson, Sotelo, Sykes, Touhey n ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION 5 Agenda material is available at,www.westcoviria.'org Tuesday October 02, 2012 MAYOR/COUNCILMEMBERS REPORTS No reports. AB1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councilrnembers shall make a brief report or file a written report on any meeting/eventiconference 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 bu siness and must be approved by a majority of the City Council/Community Development Commission.) COUNCILMEMBER FREDRICK SYKES i 11) Request from Councilmember Fredrick Sykes Requesting the City Council to Instruct City Staff to Prepare a Report Evaluating the City's Trash Removal Contract 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 10/16/2012 7:00 PM 6 Agenda material is available at www.westcoviiia.org Tuesday October 02, 2012 I RULES OF DECORUM . , I The following are arcerpts 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 counlcil, 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 & state. See. 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. Thefollowing 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. 7 Agenda material is available at wwiv.westcovina.org