01-19-2010 - RegularTuesday
January 19, 2010
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
PLEDGE OF ALLEGIANCE
ROLL CALL
Pastor Nestor Rebong
St. Christopher's Church
Councilmember Lane
Mayor Sanderson, Mayor Pro Tern Herfert
Councilmembers Hernandez, Lane, Touhey
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
ANNOUNCEMENTS
I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR
THE MEETING OF / 1 /91/GWAS POSTED IN
ACCORDANCE WJ M THE 01/87 BROWN ACT AMENDMENT
DATED: ! y !0
OFFICE OF THE CITY CLERK
City Council Agenda for January 19, 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 froin 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.
01/19/10 2
Agendamaterial is available at www.westcovina.org
City Council Agenda for January 19, 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
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)
• Regular Meeting of July 21, 2009
• Regular Meeting of August 18, 2009
• Special Meeting of September 1, 2009
• Regular Meeting of September 1, 2009
• Special Meeting of September 15, 2009
• Regular Meeting of September 15, 2009
0 Special Meeting of October 6, 2009
• Regular Meeting of October 6, 2009
• Special Meeting of October 20, 2009
• Regular Meeting of October 20, 2009
2) Commission Summary of Actions (receive & file)
Planning Commission................................................................................. 12/08/09
3) Ordinance for Adoption
a) Ordinance Approving Zone Change No. 09-01
Applicant: Tom Corley, Pacific Development
Location: 1838 E. Workman Avenue
This ordinance was introduced at the City Council meeting of December
15, 2009. The ordinance will change the zoning on a 1.10-acre property to
allow the construction of a senior apartment housing development. The
ordinance will become effective 30 days after adoption on February 18,
2010. It is recommended that the City Council adopt the following
ordinance:
ORDINANCE NO. - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO.09-01
01/19/10 3
Agenda material is available at www.westcovina.org
City Council Agenda for January 19, 2010
D) CONSENT CALENDAR (continued)
3) Ordinance for Adoption (continued)
b) Ordinance Amending Chapter 26 (Zoning) Related to Low and
Moderate -Income and Senior Housing and Density Bonuses (Code
Amendment No. 09-03)
This ordinance was introduced at the City Council meeting of December
15, 2009. The ordinance will modify a section of the municipal code in
order to increase the level of density bonuses that may be granted. The
ordinance will become effective 30 days after adoption on February 18,
2010. It is recommended that the City Council adopt the following
ordinance:
ORDINANCE NO. I - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA
MUNICIPAL CODE RELATED TO LOW AND MODERATE
INCOME AND SENIOR HOUSING AND DENSITY BONUSES
(CODE AMENDMENT NO. 09-03)
4) Traffic Committee Minutes of December 15, 2009 - (accept & file)
a. Accept and file the following minutes of the Traffic Committee Meeting of
December 15, 2009.
I. Request
City Initiated
That the traffic condition on Virginia Avenue from Barranca Street to
Grand Avenue be reviewed.
Traffic Committee Recommendations:
That stop signs, stop ahead signs, and appropriate pavement markings be
placed on the west and eastbound approaches of Virginia Avenue at Mesa
Drive.
That Virginia Avenue from Barranca Street to Grand Avenue be posted at
25 miles per hour.
That the radar trailer be utilized to make drivers aware of their vehicle
speed along Virginia Avenue and that the ,Police Department increase
speed enforcement as feasible.
II. Request
Jose Victoria, West Covina Resident
That the installation of a traffic signal be considered at the Hollenbeck .
Avenue and Vine Avenue intersection.
Traffic Committee Recommendation:
That additional stop signs be installed at the centerline of Hollenbeck
Avenue in four -foot wide raised medians for the north and southbound
approaches at Vine Avenue.
b. It is recommended that the City Council introduce the following ordinance to
reduce the speed limit on Virginia Avenue from 35 miles per hour to 25 miles
per hour [refers to Traffic Committee Item I):
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING SECTION 22-131 OF THE WEST
COVINA MUNICIPAL CODE RELATING TO INCREASES OF STATE
LAW MAXIMUM SPEEDS (VIRGINIA AVENUE)
01/19/10 4 _
Agenda material is available at www.westcovina.org
City Council Agenda for January 19, 2010
D) CONSENT CALENDAR (continued) '
5) City Treasurer's Report (receive && file)
Report for the Meeting of November 2009.
6) Miscellaneous — Finance Department
a) Surplus Equipment
It is recommended that the City Council authorize the sale of the surplus
vehicles listed in the report by public auction company, US Auctions, in
accordance with Section 2-316 of the West Covina Municipal Code.
ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-6a:
Motion by second by
To approve the consent calendar as recommended.
to approve all'items except:
ROLL CALL:, Herfert, Hernandez, Lane, Touhey, Sanderson
01/19/10 5
Agenda material is available at www.westcovina.org
J
City Council Agenda for January 19, 2010
END OF CONSENT CALENDAR
E) PUBLIC HEARINGS
1) Public Hearing
Zone Change No. 09-02
Applicant: City of West Covina and Frank Rizzi for F &i C Corporation
Location: 845 and 855 N. Lark Ellen Avenue
This is a hearing to consider a request for a . zone change on two adjacent
properties to "Office -Professional" (O-P) in order to be consistent with the City's
General Plan and the current land use.
a) Verification of publication/mailing
b) Open hearing
c) Staff presentation
d) Public testimony
e) Close hearing
f) Council discussion
g) Recommendation: The Planning Commission and staff recommend the City
Council introduce the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF � THE CITY OF WEST
COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 09-02
Motion by 2nd by
introduce disapprove hold over
ROLL CALL: Herfert, Hernandez, Lane, Touhey, Sanderson
01/19/10 6
Agenda material is available at www.westcovina.org
City Council Agenda for January 19, 2010
E) PUBLIC HEARINGS (continued)
2) 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)
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
Recess the City Council meeting at p.m. to convene the CDC.
Reconvene the City Council meeting at p.m.
01/19/10 7
Agenda material is available at www.w,estcovina.org
City Council Agenda for January 19, 2010
G) DEPARTMENTAL MATTERS
COMMUNITY SERVICES DEPARTMENT
1) Selection of Dates for the Annual Independence Day Celebration
It is recommended that the City Council provide direction regarding the length of
the 2010 Independence Day Celebration, as a one or two-day event.
J
Motion by
to
2nd by
H) MAYOR'S/COUNCILMEMBERS REPORTS
1) Mayor Shelley Sanderson
Ordinance Amending the West Covina Municipal Code on the Appointment of
City Commissioners
City staff recommends that the City Council introduce the following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING ARTICLE III OF CHAPTER 2 OF THE
WEST COVINA MUNICIPAL CODE REGARDING ADVISORY
COMMISSIONS
Motion by 2nd by _
introduce the ordinance as recommended
introduce disapprove hold over
ROLL CALL: Herfert, Hernandez, Lane, Touhey, Sanderson
2) Mayor Shelley Sanderson
to
Annual Appointment of City Council Representatives to Other Agencies
It is recommended that the Mayor make appointments to the various organizations
described in the staff report, subject to City Council confirmation. It is further
recommended that the representatives to the San Gabriel Valley Council of
Governments be named in the following resolution and the City Council adopt the
resolution:
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, NAMING AS
THE GOVERNING BOARD REPRESENTATIVE TO SAN GABRIEL
VALLEY COUNCIL OF GOVERNMENTS, AND AS THE
ALTERNATE
Motion by 2nd by ' to confirm the
Mayor's appointments and adopt the resolution as recommended
approve disapprove ' hold over
01/19/10 8
Agenda material is available at www.westcovina.org
City Council Agenda for January 19, 2010
H) MAYOR'S/COUNCILMEMBERS REPORTS (continued)
AB 1.234 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) 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.
COUNCILMEMB>E:R COMMENTS
ADJOURNMENT
Motion by 2„ d by
to adjourn the meeting at
Tentative City Council Meetings
c
Tuesday February 2 7:00 p.m. Council Chambers Regular Meeting
Tuesday February 16 7:00 p.m. Council Chambers Regular Meeting
p.m.
O1/19/10 9
Agenda material is available at www.westcovina.org