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10-16-2012 - RegularCITY OF WEST COVINA CITY COUNCIL TUESDAY OCTOBER 16, 2012, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 =1 CER71FY11iATA COPY OFTHE COUNCIL AGENDA FOR THE MEETING OF 10114 / /-LWAS POSTED IN Mayor Michael Touhey A DANi yNTNTHE01/87BROWNACTAMENDMENT Mayor Pro.Tem Shelley Sanderson DA /o tr t� Councilmember Steve Herfert *19'44' Councilmember Robert Sotelo OFFIC LERI( 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) 966-4422 (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 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 16, 2012 AGENDA CITY OF WEST COVINA ,CITY COUNCIL TUESDAY OCTOBER 16, 2012; 7:00 PM REGULAR MEETING INVOCATION Andrew Pasmant City Manager PLEDGE OF ALLEGIANCE ROLL CALL REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS Proclamation America Recycles Day November 10, 2012 Proclamation Red Ribbon Week October 20 - October 28, 2012 Presentation Catherine Nichols, Superintendent Covina Unified School District 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 July 17, 2012 Regular City Council Meeting Minutes of July 17, 2012 Special City Council. Meeting Minutes of August 1, 2012 2 Agenda material is available at www.westcovina.org. ' Tuesday October 16, 2012 COMMISSION SUMMARY OF ACTIONS (receive & file) 2) Planning Commission - October 9, 2012 CLAIMS AGAINST THE CITY 3) 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. • Jacqueline Covarrubias vs. City of West Covina • Juan & Herminia Espinoza vs. City of West Covina TREASURER'S REPORT (receive & file) 4) . City. Treasurer's. Report for the Month of August 2012 CITY MANAGER'S OFFICE 5) 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. 2. Approve the inclusion of the City Manager into the PARS supplemental retirement benefit plan as set forth in his prior employment agreement. 3. Authorize the City Attorney to prepare an Amendment to the Post Retirement Employment Agreement - City Manager and authorize the Mayor to execute. 6) Foothill Transit Center and Park & Ride Facility Memorandum of Understanding It is recommended that the City Council approve the attached Memorandum of Understanding between the City of West Covina, Foothill Transit, and Westfield for the construction of a transit center and park & ride facility at the Westfield West Covina Shopping Center. PUBLIC WORKS 7) Registration, Maintenance and Security of Properties in Foreclosure Ordinance It is recommended that the City Council take the following actions: I.Introduce the following ordinance amending Chapter 15 of the City of West Covina Municipal Code by adding Article XIII requiring the registration, maintenance and security of properties in foreclosure: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 15 OF THE MUNICIPAL CODE TO REQUIRE REGISTRATION, MAINTENANCE AND SECURITY OF PROPERTIES IN FORECLOSURE 3 Agenda material is available at www.westcovina.org Tuesday October 16, 2012. 2. Direct the City Manager or his designee to negotiate and execute a contract with Nationwide Cost Recovery Services of. Diamond Bar, California to administer this ordinance. S) Selection of Construction Management Consultant for Amar Road and Azusa Avenue Intersection Improvements (City Project Nos. SP-07101 and SP-10101, Federal Project Nos. HPLUL-5259[014] and STPL-5259[014]) It is recommended that the City Council accept the proposal of Pacifica Services, Inc. of Pasadena, California in an amount of $97,750 and authorize the Public Works Director/City Engineer to execute an agreement with said firm for the work to be done. 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 ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION END OF CONSENT CALENDAR DEPARTMENTAL REGULAR MATTERS CITY MANAGER'S OFFICE 9) Athens Service Waste Collection Contract Review It is recommended that the City Council direct staff accordingly. Motion by second by to PUBLIC WORKS 10) Nationwide Environmental Services Request for 1.5 Year Evergreen Term It is recommended that the City Council review the proposal as submitted by Nationwide Environmental Services (NES) and provide staff direction. Motion by second by to 4 Agenda material is available at www. westcovina.org . Tuesday October 16, 2012 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. 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 ROBERT SOTELO 11) Request from Councilmember Robert Sotelo Requesting the_City.Council to Instruct City Staff to Prepare a Report Summarizing the Process and Procedure to Implement City Councilmember Term Limits It is recommended that the City Council*direct staff and the City Attorney's Office accordingly. Motion by second by to CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting - CC 11/06/2012 7:00 PM 5 Agenda material is available at www.,westcovina.org Tuesday October 16, 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 personhaving the floor, shall be `pennitted 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 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. 6 Agenda material is available at www.westcovina.org