12-07-2010 - Appeal HearingConditional Use Permit No. 10-10Appl - Item No 14 Attach 10 (2).pdf
REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL
Tuesday 7:00 pm
September 21, 2010 Council Chambers
A G E N D A
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 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.
Any writings or documents, not exempt from public disclosure, provided to a majority of the City Council regarding
any item on this agenda 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.
INVOCATION Pastor Mary Minor
Murph Chapel AME Church
PLEDGE OF ALLEGIANCE Councilmember Hernández
ROLL CALL Mayor Sanderson, Mayor Pro Tem Herfert
Councilmembers Hernández, Lane, Touhey
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS * Proclamation
Fire Prevention Week
October 3 - 9
ANNOUNCEMENTS
City Council Agenda for September 21, 2010
RULES OF DECORUM
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 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.
ADDRESSING THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
(Per WCMC 2-48, Ordinance No. 2150)
Any person wishing to address the City Council/Community Development Commission 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/Secretary.
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 shall 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.
09/21/10
Agenda material is available at www.westcovina.org
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City Council Agenda for September 21, 2010
A) 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.
Per Resolution No. 2009-25 adopted June 2, 2009 – When the titles of ordinances and
resolutions appear on the City Council agenda, they shall be deemed to have been read
by title and further reading is waived.
B) UPDATES/REPORTS FROM CONSULTANTS
No reports for this meeting.
C) ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
PUBLIC HEARINGS
1) Appeal Hearing
Planning Director’s Modification No. 10-20
(Vehicular Security Gates)
Location: 318 Great Mountain Drive
Applicant/Appellant: Bancomer Construction
This appeal hearing was continued from the September 7, 2010 Council meeting.
The applicant is appealing the Planning Commission denial for installation of
security gates at the property.
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a) Open hearing
b) Staff presentation
c) Public testimony
d) Close hearing
e) Council discussion
f) Recommendation: It is recommended that the City Council overturn the
Planning Commission decision and approve Planning Director’s Modification
No. 10-20 (therefore allowing the installation of vehicular security gates on
the private street).
Motion by __________________ 2nd by _____________________
approve __________ disapprove __________ hold over _________
09/21/10
Agenda material is available at www.westcovina.org
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City Council Agenda for September 21, 2010
D) CONSENT CALENDAR
All matters listed under the 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 request
specific items to be removed from the Consent Calendar for separate action.
1) Commission Summary of Actions (receive & file)
Planning......................................................................... 08/24/10, 09/14/10
D-1 8-24-10
D-1 9-14-10
2) Claims Against the City of West Covina
Government Tort Claim Denials (deny & notify claimant)
It is recommended that the following Government Tort Claims be denied and the
claimants and/or their respective attorneys be so notified.
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• Roy R. Pool vs. City of West Covina
• Ismael Lontok vs. City of West Covina
• Ralph Ramirez vs. City of West Covina
• Safeco Insurance/Eleanor J. Bury vs. City of West Covina
• Helen Andrea Martinez vs. City of West Covina
• Gary Williams vs. City of West Covina
3) Award of Bid
Award of Bid for Plaza Drive Street Improvements -
Project No. SP-07114 and Federal Project HPLUL-5259(015)
It is recommended that the City Council accept the bid of Bannaoun Engineers
Constructors Corporation in the amount of $426,433.75 as submitted at the bid
opening on August 31, 2010 and authorize the Public Works Director/City
Engineer to execute an agreement with Bannaoun Engineers Constructors
Corporation to perform the work.
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4) Miscellaneous - City Clerk’s Office
Conflict of Interest Code Biennial Update
It is recommended that the City Council adopt the following resolution amending
the Conflict of Interest Code for the City of West Covina in compliance with
Government Code requirements.
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RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE
CONFLICT OF INTEREST CODE FOR THE CITY OF WEST COVINA
09/21/10
Agenda material is available at www.westcovina.org
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City Council Agenda for September 21, 2010
D) CONSENT CALENDAR (continued)
5) Councilmember Reports
West Covina Veterans’ Memorial
It is recommended that the City Council approve the tentative design and location
of the West Covina Veterans’ Memorial in the Civic Center Courtyard.
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ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-5:
Motion by _________________ second by ___________________
to approve all items on the Consent Calendar as recommended
except: _______________________________________________
ROLL CALL: Herfert, Hernández, Lane, Touhey, Sanderson
END OF CONSENT CALENDAR
E) PUBLIC HEARINGS
1) Appeal Hearing
Appeal of Planning Commission Approval of
Conditional Use Permit No. 10-10
Appellant: Sayeed H. Arastu
Applicant: Mike Blackwell for Clearwire
Location: 1030 E. Merced Avenue
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a) Verification of publication
b) Open hearing
c) Staff presentation
d) Public testimony
e) Close hearing
f) Council discussion
g) Recommendation: Staff recommends that Conditional Use Permit No.
10-10 to allow the installation of a wireless communications tower designed
in the shape of a cross (monocross) be referred back to the Planning
Commission due to new information being presented by neighboring
residents that was not available at the time of Planning Commission review.
Motion by __________________ 2nd by _____________________
approve __________ disapprove __________ hold over _________
09/21/10
Agenda material is available at www.westcovina.org
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City Council Agenda for September 21, 2010
E) PUBLIC HEARINGS (continued)
2) Public Hearing
Amendments to the FY 2010-2011 Community Development Block Grant
(CDBG )Action Plan
The purpose of this hearing is to hear public comment on proposed amendments
to the FY 2010-2011 Action Plan for the City’s Community Development Block
Grant (CDBG) program.
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a) Verification of publication
b) Open hearing
c) Staff presentation
d) Public testimony
e) Close hearing
f) Council discussion
g) Recommendation: It is recommended that the City Council approve the
proposed amendments to the FY 2010-2011 CDBG Action Plan as detailed
on Attachment #1 of the staff report and appropriate $40,000 as necessary, to
implement the amendments.
Motion by __________________ 2nd by _____________________
approve __________ disapprove __________ hold over _________
3) Protest Hearing
Weed Abatement 2010 – Various Locations Citywide
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a) Affidavit of Mailing
b) Open hearing
c) Staff presentation
d) Written Protests or Objections
e) Public testimony
f) Close hearing
g) Council discussion
h) Recommendation: It is recommended that the City Council order the
abatement of weeds and rubbish on those properties described in Resolution
No. 2010-48.
Motion by __________________ 2nd by _____________________
approve __________ disapprove __________ hold over _________
F) COMMUNITY DEVELOPMENT COMMISSION
No meeting scheduled.
09/21/10
Agenda material is available at www.westcovina.org
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City Council Agenda for September 21, 2010
G) DEPARTMENTAL MATTERS
No reports for this meeting.
H) MAYOR’S/COUNCILMEMBER REPORTS
No reports for this meeting.
AB 1234 Conference and Meeting Report
(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.)
If applicable, Councilmembers may make a verbal report at this time.
I) COUNCILMEMBER REQUESTS FOR REPORTS, STUDIES OR
INVESTIGATIONS
(Per City of West Covina Standing Rules 4.f – Requests by Councilmembers for reports,
studies, or investigations that are not readily available must be placed on the City Council
agenda as items of business and must be approved by a majority of the City Council.)
1) Councilmember Roger Hernández
Request from Councilmember Roger Hernández Requesting the City
Council to Instruct City Staff to Prepare a Report to Take a Position on
Proposition 23
It is recommended that the City Council direct staff accordingly.
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Motion by ____________________ 2nd by ___________________
to _____________________________________________________
I) COUNCILMEMBER REQUESTS FOR REPORTS, STUDIES OR
INVESTIGATIONS (continued)
2) Councilmember Roger Hernández
Request from Councilmember Roger Hernández Requesting the City
Council to Instruct City Staff to Prepare a Report for the City Council to
Take a Position on the Labor Dispute between the Nurses and
Administration at Citrus Valley Health Partners
It is recommended that the City Council direct staff accordingly.
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Motion by ____________________ 2nd by ___________________
to _____________________________________________________
COUNCILMEMBER COMMENTS
09/21/10
Agenda material is available at www.westcovina.org
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City Council Agenda for September 21, 2010
09/21/10
Agenda material is available at www.westcovina.org
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ADJOURNMENT
Motion by _____________ 2nd by _____________ to adjourn the meeting at ____________ p.m.
Tentative City Council Meetings
Tuesday October 5 7:00 p.m. Council Chambers Regular Meeting
Tuesday October 19 7:00 p.m. Council Chambers Regular Meeting