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03-05-2013 - Regularw E s T COVINA CITY OF WEST COVINA CITY COUNCIL TUESDAY MARCH 05, 2013, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE WEST COVINA, CALIFORNIA 91790 Mayor Shelley Sanderson Mayor Pro Tem Steve Herfert Councilmember Andrew McIntyre Councilmember Robert Sotelo Councilmember Fredrick Sykes Please turn off all cell phones and other electronic devices prior to entering the Council Chambers AMERICANS i /1T11 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) front 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 J11ATERIAL 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 iviviv. ivestcovina.oi . 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. NO 11 CE 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 11 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 platter 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 11te speaker card ►vhether _ wit are streaking 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 conlnleuts regarding a natter 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. I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR THE MEETING OF 3 / 5 / /3 WAS POSTED IN ACCORDANCE TH TH�E�01/87 BROWN ACT AMENDMENT DATED: � /6'��j31Gi/t^—� OFFICE OF THE CITY CLERK Tuesday March 05, 2013 - AGENDA CITY OF WEST COVINA CITY COUNCIL TUESDAY MARCH 05, 2013, 7:00.PM REGULAR MEETING INVOCATION Pastor Stephen Ichiriu Faith Community Church PLEDGE OF ALLEGIANCE f�1] 111[Ka�1� 1� REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS ORAL COMMUNICATIONS - Five (5) minutes per sneaker Please slep.forivard to the podimn and slate yore- name arrd city, of residence for the record when recognized b), the Mayor. CONSENT CALENDAR All malters listed raider CONSENT CALENDAR are considered to be routine and can be acted on biv one roll call vole. There will be no separate disczrssion of these items unless members of the Cite Council/Conmirrnitp Developnrerrt Conmrission request specific items to be removed fi-orn the Consent Calendar.for separate discussion or action. APPROVAL OF MEETING MINUTES (receive & file) 1) Special Meeting Minutes of December 4, 2012 Regular Meeting Minutes of December 4, 2012 Regular Meeting Minutes of December 12, 2012 COMMISSION SUMMARY OF ACTIONS (receive & file) 2) Human Resources Commission -January 23, 2013 3) Community and Senior Services Commission - May 8, 2012; July 10, 2012; September 11, 2012; November 13, 2012 2 Agenda inaterial'is available at wivw.westcovina.org Tuesday March 05, 2013 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. • Juan Manuel Garcia vs. City of West Covina • Joseph Jacobo vs. City of West Covina TREASURER'S REPORT (receive & file) 5) City Treasurer's Report for the Month of January 2013 It is recommended the City Council receive and file this report. CITY MANAGER'S OFFICE 6) City of West Covina 2013 Legislative Platform It is recommended that the City Council adopt the proposed 2013 Legislative Platform to support/oppose county, state, and federal legislation as appropriate. HUMAN RESOURCES 7) Approval of Terms and Conditions of Employment for Limited Service Employees 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, IDENTIFYING THE TERMS AND CONDITIONS OF EMPLOYMENT FOR LIMITED SERVICE EMPLOYEES PLANNING DEPARTMENT 8) Consultant Agreement for Housing Element Update (5th Cycle) Staff recommends that the City Council authorize the execution of an agreement with Environmental Science Associates in the amount of $29,990 to provide consulting services associated with updating the Housing Element of the General Plan. PUBLIC WORKS 9) Renewal of the Citywide Lighting and Maintenance .District and Landscape Maintenance Districts Nos. 4, 6, and 7 - Ordering of Engineer's Reports It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE CITY ENGINEER TO PREPARE AND FILE A REPORT IN ACCORDANCE WITH PROPOSITION 218 AND ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND LIGL-ITING ACT OF 1972 , BEING DIVISION 15, STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, ORDERING CERTAIN LANDSCAPING AND LIGHTING MAINTENANCE IN THE CITY OF WEST COVINA, CALIFORNIA, FOR THE FISCAL YEAR COMMENCING JULY 1, 2013 - WEST COVINA LIGHTING AND MAINTENANCE DISTRICT (2013-2014) 3 Agenda material is available at iviviv.ivestcovina.org Tuesday March 05, 2013 RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2013-2014 - WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 (2013-2014) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF TI-LE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2013-2014 - WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 (2013-2014) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE .CITY 'OF WEST COVINA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE CONFIRMATION OF THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 LEVY AND COLLECTION OF ASSESSMENT WITHIN THAT DISTRICT PURSUANT TO PROPOSITION 218 AND THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR FISCAL YEAR 2013-2014 - WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 (2013-2014) ACTION ON CONSENT CALENDAR Motion by second by to approve all items listed on the Consent Calendar as presented except: ROLL CALL: Herfert, McIntyre, Sotelo, Sykes, Sanderson ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION OR SEPARATE ACTION END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 10) Authorization to Draft the FY 2013-2014 Community Development Block Grant (CDBG) Action Plan a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close bearing f) Council discussion g) Recommendation: It .is recommended that the City Council direct staff to develop a draft FY 2013-2014 CDBG Action Plan, based on the needs and priorities identified in the staff report. Motion by second by to 4 Agenda material is available at iviviv.tvestcovina.org Tuesday March 05, 2013 DEPARTMENTAL REGULAR MATTERS FINANCE DEPARTMENT 11) Exception to the 180-day Wait Period to Hire Interim Finance Director 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, AUTL-IORIZING AN EXCEPTION TO THE 180-DAY WAIT PERIOD FOR EMPLOYMENT OF A RETIREE Motion by second by adopt disapprove SUCCESSOR AGENCY Recess the City Council meeting at meeting. Reconvene the City Council meeting at MAYOWCOUNCILMEMBERS REPORTS hold over p.m. to convene the Successor Agency p.m. REQUEST FROM MAYOR SHELLEY SANDERSON 12) City -Wide School Violence Training and Intervention Program It is recommended that the City Council formally approve and support the proactive efforts of the Police Department in addressing school violence thereby increasing the safety and security of children in West Covina schools. Motion by second by approve disapprove hold over AB1234 Conference and Meeting Report (verbal, if airy) (In accordance with AB 12.34, Comrcilrnembers shall make a brief report or file a written report on airy meeting/enent/corrfer•ence attended at City expense) CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of Ji/'est Covina Standing Rides 4.f- Requests.for reports, studies, or• investigations that are not readily available mast he placed on the Citr Council/Community Development Commission agenda as items of business and must be approved by a majority of the City Council/Community Development Commission.) REQUEST FROM COUNCILMEMBER ANDREW MCINTYRE 1.3) Request front Councilmember Andrew McIntyre Requesting the City Council to Instruct City Staff to Prepare a Report on the Creation of a Program to Provide Incentives & Educate Landlords on the Importance of Maintaining Their Property It is recommended that the City Council direct staff accordingly. Motion by second by to Agenda material is available at ivivw.rvestcovina.org Tuesday March 05, 2013 CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting - CC 03/19/2013 7:00 PM - RULES OF DECORUM The following are evicerpts 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 Nvill testify truthfully, Nillfully 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. T'he following are evicerpts 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 otherpunishment 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 w►vtv.tvestcovina.org