09-15-2009 - RegularTuesday
September 15, 2009
REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL
AGENDA
7:00 pm
Council Chambers
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 wrvw.wesicovina.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 Andrew Pasmant, City Manager
PLEDGE OF ALLEGIANCE Mayor Hernandez
ROLL CALL Mayor Hernandez, Mayor Pro Tern Sanderson,
Councilmembers Herfert, Lane, Touhey
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS * Presentation
Muscular Dystrophy Association
"Fill the Boot" Plaque to Firefighter/Paramedic Adam Berger
* Presentation
Los Angeles County Firefighter Eric Calderon
Los Angeles County Utility Driver Santos Luna
* Proclamation
Fire Prevention Week
October 4 — 10, 2009
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City Council Agenda for September 15, 2009
RULES OF DECORUM
The following are excerptsfi•ont 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/ 15/09 2
Agenda material is available at www.wevtcovina.org
City Council Agenda for September 15, 2009
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
No reports for this meeting.
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) City Council Meeting Minutes (receive & file)
• Special Meeting of April 21, 2009
• Regular Meeting of April 21, 2009
2) Commission Summary of Actions (receive & file)
a) Community Services............................................................................. 07/14/09
b) Senior Citizens Commission................................................................. 06/25/09
3) 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.
• Irma Herrera, Jazmin Ortega & Michelle Garcia vs. City of West Covina
• Norma Favela vs. City of West Covina
• Jesus E. Rodriguez vs. City of West Covina
• Mari sela Noemy Quintanilla vs. City of West Covina
09/ 15/09 3
Agenda material is available at www.we.vtcovitia.org
City Council Agenda for September 15, 2009
D) CONSENT CALENDAR (continued)
4) Miscellaneous — Community Services Department
a) Authorization to Apply to the Los Angeles County Regional Park and
Open Space District for Fifth Supervisorial District Excess Funding
for Cortez Park Trails Extension Project
It is recommended that the City Council:
1. Authorize the application to the Los Angeles County Regional Park
and Open Space District for Fifth Supervisorial District Excess
Funding via the following Resolution for the Cortez Park Trails
Extension Project in the amount of $150,000.
2. Adopt the following Resolution:
RESOLUTION NO. A RESOLUTION OF THE
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE APPLICATION FOR GRANT FUNDS FROM
THE LOS ANGELES COUNTY REGIONAL PARK AND OPEN
SPACE DISTRICT FOR FIFTH SUPERVISORIAL DISTRICT
EXCESS FUNDING FOR CORTEZ PARK TRAILS EXTENSION
PROJECT
Miscellaneous — Fire Department
b) Appropriation of Fire Department Training Funds
It is recommended that the City Council appropriate $3,257.69 from the
Fund Balance in the Fire Training Fund (Fund 219) into the Fire Training
account (219.32.3210.6551) for training needs in Fiscal Year 2009-2010.
Miscellaneous — Police Department
c) Appropriation of Private Grant from Target for Police Forensic
Software
It is recommended that the City Council appropriate the Target grant
($2,000) into account 221.31.3130.6220
d) 2008 State Homeland Security Grant Program
It is recommended that the City Council accept and appropriate the 2008
State Homeland Security Grant, totaling $171,345 as follows:
• $47,510 into 227.31.3110.6999 (Police digital mapping project)
• $123,838 into 227.32.3210.7160 (Fire CBRNE/SCBA rescue
equipment)
09/ 15/09 4
Agenda material is available at www.westcovina.org
City Council Agenda for September 15, 2009
D) CONSENT CALENDAR (continued)
4) Miscellaneous — Police Department (continued)
e) Purchase of Vehicles and Radios Under 2009 Recovery Act Justice
Assistance Grant
It is recommended that the City Council:
1. Waive the bid process and authorize the purchase of two used vehicles
for Detectives from Reynolds Buick of West Covina for $35,422.49,
including sales tax, from account 208.31.3113.7170.
2. Find that Los Angeles County Contract #18105 for XTL-5000 UHF
radios satisfies West Covina's bid process and authorize the purchase
of six (6) radios (with motorcycle accessories, software, encryption,
etc.) directly from Motorola for $30,829.92, including sales tax and
shipping, from account 208.31.3113.7160.
ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 through D-4e:
Motion by second by
to adopt the resolution as recommended
and approve all items except:
ROLL CALL: Herfert, Lane, Sanderson, Touhey, Hernandez
END OF CONSENT CALENDAR
09/15/09 5
Agenda material is available at www.westcovina.org
City Council Agenda for September 15, 2009
E) PUBLIC HEARINGS
1) Appeal Hearing
Precise Plan No. 07-07
Conditional Use Permit No. 08-05
Tree Removal Permit No. 08-05
Negative Declaration of Environmental Impact
Applicant/Appellant: Roland Cordero (Foothill Transit)
This is an appeal of the August 11, 2009 denial by the Planning Commission.
The project consists of a request to construct a five -and -a -half -level parking
structure with 654 parking spaces and 2,000-square feet of retail space, the
relocation of a two-lane drive -through automatic teller machine, and a tree
removal permit to remove a tree in the front setback (Lakes Drive).
a) Verification of publication/mailing
b) Open hearing
c) Staff presentation
d) Public testimony
e) Close hearing
f) Council discussion
g) Recommendation: It is recommended that the City Council adopt the
following resolutions:
1) RESOLUTION NO. - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, UPHOLDING THE DECISION OF THE
PLANNING COMMISSION AND DENYING PRECISE PLAN
NO. 07-07 AND TREE REMOVAL PERMIT NO. 08-05
2) RESOLUTION NO. - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, UPHOLDING THE DECISION OF THE
PLANNING COMMISSION AND DENYING CONDITIONAL
USE PERMIT NO. 08-05
Motion by
2nd by
adopt disapprove hold over
F) COMMUNITY DEVELOPMENT COMMISSION
No meeting scheduled.
G) DEPARTMENTAL MATTERS
No reports for this meeting.
09/15/09 6
Agenda material is available at www.westcovina.org
City Council Agenda for September 15, 2009
H) MAYOR'S/COUNCILMEMBERS 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.
1) COUNCILMEMBERS' REQUEST 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.)
No reports for this meeting.
COUNCILMEMBER COMMENTS
ADJOURNMENT
Motion by
Tuesday
Tuesday
09/15/09
2nd by
to adjourn the meeting at
Tentative City Council Meetings
October 6 7:00 p.m. Council Chambers Regular Meeting
October 20 7:00 p.m. Council Chambers Regular Meeting
7
Agenda material is available at www.westcovina.org
p.m.