10-20-2009 - RegularTuesday
October 20, 2009
0
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 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 Reverend Alexandra Conrads
St. Martha's Episcopal Church
PLEDGE OF ALLEGIANCE Councilmember Herfert
ROLL CALL Mayor Hernandez, Mayor Pro Tern Sanderson,
Councilmembers Herfert, Lane, Touhey
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
ANNOUNCEMENTS
7
* Los Angeles County Fair's
Glenn Kennedy
Tony Saldana
* Presentation
West Covina Hometown Heroes
Helen Putnam Award for Excellence
West Covina Commercial Center and Sportsplex
* Certificates of Recognition
West Covina Police Explorer Post
* Proclamation
America Recycles Day — November 15, 2009
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City Council Agenda for (Qober 20, 2009 •
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.
10/20/09 2
k Agenda material is available at www. westcovina.org
City Council Agenda for Ober 20, 2009 is
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 June 2, 2009
• Regular Meeting of June 2, 2009
2) Commission Summary of Actions (receive & file)
a) Planning................................................................................................ 10/13/09
3) Award of Bid
a) Addendum to Award of Contract to Tyler Technologies, Inc. for
Purchase of a Project Accounting Software Svstem
It is recommended that the City Council take the following actions:
1. Authorize the Assistant City Manager to execute an amendment to its
current Software License and Use Agreement with Tyler
Technologies, Inc. (formerly Eden Systems) to purchase a new project
accounting software system in an amount not to exceed $37,198
including license fees, taxes and all professional services necessary to
implement the system, and
2. Appropriate an additional $5,398 to 161.84.8008.7900 from the
Construction Tax Fund balance reserves of Fund 161.
10/20/09 3
Agenda material is available at www. westcovina.org
City Council Agenda for Aber 20, 2009 •
D) CONSENT CALENDAR (continued)
4) Miscellaneous by Department
Finance Department
a) Proposition 1A Securitization Program [Tax -Exempt Proceeds]
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,
APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF A PURCHASE AND SALE
AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO
THE SALE OF THE SELLER'S PROPOSITION IA RECEIVABLE
FROM THE STATE; AND DIRECTING AND AUTHORIZING
CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 through D-4a:
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
10/20/09 4
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Agenda material is available at www.westcovina.org
City Council Agenda for (Ober 20, 2009 •
E) PUBLIC HEARINGS
1) Appeal, Hearing
Appeal of Precise Plan No. 07-07
Appeal of Conditional Use Permit No. 08-05
Appeal of Tree Removal Permit No. 08-05
Negative Declaration of Environmental Impact
Applicant/Appellant: Roland Cordero (Foothill Transit)
Due to scheduling conflicts, Foothill Transit is requesting this hearing be
continued. It is recommended that this hearing be continued to December 15,
2009.
Motion by
2nd by
approve disapprove hold over
F) COMMUNITY DEVELOPMENT COMMISSION
No meeting scheduled.
G) DEPARTMENTAL MATTERS
No reports for this meeting.
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.
10/20/09 5
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Agenda material is available at www. westcovina.org
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City Council Agenda for Aber 20, 2009
•
I) 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
2nd by
to adjourn the meeting at p.m.
Tentative City Council Meetings
November 3 7:00 p.m. Council Chambers Regular Meeting
November 17 7:00 p.m. Council Chambers Regular Meeting
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Agenda material is available at www westcovina.org
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