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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 I CER,FY THAT A OF THE COUNCIL AGENDAFOR ANNOUNCEMENTS THEMEETINGOA71/SI0 ASPADIN ACCORDANCE VM THE 0U8/ BROWN AOT AME DMW DATEa9//0/0%ayr�_� _ 0 ICE OF TH CITY CIERK 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.