09-21-2010 - RegularTuesday
September 21, 2010
WEST
REGULAR
OF
WEST COVINA
AGE
ETING
COUNCIL
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 iviviv.ivestcovina.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 ore day prior to the meeting date to inform us of your
particular needs and to determine if accommodation is possi le. For sign language interpreter services at Council
meetings, please request no less than four working days prior o 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 Mary
Murph Char
Mayor Sande
Councilmeml
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
Fire Preveni
October 3 -
ANNOUNCEMENTS
tnor
AME Church
Hernandez
, Mayor Pro Tern Herfert
Hernandez, Lane, Touhey
Week
I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR
THE MEETING OF 1P/1/o WAS POSTED IN
ACCORDANCE THE 01/87 BROWN ACT AMENDMENT
DATED:910 /O /
.O
OFFICE OF TH ITY CLERK —'
City Council Agenda for September 21, 2010
RULES OF DECORUM
The following are excerpts fom the West Covina Municipal
Sec. 2-48. Manner of addressing council; time limit; persc
(a) Each person addressing the council shall step up to
residence in an audible tone of voice for the record f
limit his or her address to five (5) minutes.
(b) The city council may establish a limit on the duration c
(c) All remarks shall be addressed to the council as a bod}
the council and the person having the floor, shall be p
through a member of the.council, without the permissio
a councilmember except through the presiding officer.
(d) The presiding officer may require any person to be- sv
subject. Any such person who, having taken an oath th,,
to such oath states as true any material matter which I
and subject to the penalty prescribed for perjury by the;
Sec. 2-50. Decorum --Required.
(a) While the council is in session, the members must pre
conversation or otherwise, delay or interrupt the pr
member while speaking or refuse to obey the orders c
herein provided.
(b) Any person making personal, impertinent or stand
addressing the council shall be forthwith, by the pre
council, unless permission to continue be granted by a
Sec. 2-52. Persons authorized to be within council area.
No person, except city officials, their representatives and
rail in front of the council chamber without the express cot
The following are excerpts from the Penal Code
is addressing may be sworn.
the rostrum, shall give his or her name and city of
id unless further time is granted by the council, shall
oral communications.
and not to any member thereof. No person, other than
rmitted to enter into any discussion, either directly or
of the presiding officer. No question shall be asked of
rn as a witness before addressing the council on any
he or she will testify truthfully, willfully and contrary
knows to be false may be held to answer criminally
ovisions of the Penal Code of the state.
order and decorum, and a member shall neither, by
lings or the peace of the council nor disturb any
council or its presiding officer, except as otherwise
remarks or who shall become boisterous while
officer, barred from further audience before the
ity vote of the council.
bers of the news media shall be permitted within the
of the council.
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, wi:
not unlawful in its character, other than an as,,
Code or Section 18340 of the Elections Code, is
ADDRESSING THE CITY COUNCI
(Per WCMC 2-48, Ordinance No. 2150)
disturbs or breaks up any assembly or meeting that is
or meeting referred to in Section 303 of the Penal
of a misdemeanor.
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 a 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 th
agenda items have not concluded.
Any testimony or comments regarding a matter set
hearing.
(30) minutes, unless speakers addressing
a Public Hearing will be heard during the
09/21 / 10 2
Agenda material is available
fvwtiv. westcovina.org
City Council Agenda for September 21, 2010
A) ORAL COMMUNICATIONS — Five (5) inutes per speaker
Please step forward to the podium and st to 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 agend , they shall be deemed to have been read
by title and further reading is waived.
UPDATES/REPORTS FROM CONSUL' ANTS
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: Banco
This appeal hearing was continued i
The applicant is appealing the Pla.
security gates at the property.
a) Open hearing
b) Staff presentation
c) Public testimony
d) Close hearing
e) Council discussion
f) Recommendation: It is recom
Planning Commission decision
No. 10-20 (therefore allowing t
the private street).
Motion by
approve disapprove
D) CONSENT CALENDAR
All matters listed under the Consent Calendar are
call vote. There will be no separate discussion of
specific items to be removed from the Consent Cal
1) Commission Summary of Actions
r Construction
1 the September 7, 2010 Council meeting.
ig Commission denial for installation of
nded that the City Council overturn the
approve Planning Director's Modification
installation of vehicular security gates on
2nd by
hold over
lered to be routine and can be acted on by one roll
items unless members of the City Council request
for separate action.
ve & file)
Planning........................................................................ 08/24/10, 09/14/10
09/21/10 3
Agenda material is available i
www. westcovina. org
City Council Agenda for September 21, 2010
D) CONSENT CALENDAR (continued)
2)
3)
4)
5)
Claims Against the City of West
It is recommended that the foll
claimants and/or their respective
• Roy R. Pool vs. City of West Cc
• Ismael Lontok vs. City of West
• Ralph Ramirez vs. City of West
• Safeco Insurance/Eleanor J. But
• Helen Andrea Martinez vs. City
• Gary Williams vs. City of West
Award of Bid
Award of Bid for Plaza Drive Stre
Proiect No. SP-07114 and Federal
It is recommended that the,City Cc
Constructors Corporation in the art.
opening on August 31, 2010 and
Engineer to execute an agreeme.
Corporation to perform the work.
Miscellaneous - City Clerk's O
Conflict of Interest Code Biennia
It is recommended that the City C
the Conflict of Interest Code for
Govermnent Code requirements.
Government Tort Claims be denied and the
:vs be so notified.
ovina
vs. City of West Covina
f West Covina
Improvements -
mcil accept the bid of Bannaoun Engineers
hint of $426,433.75 as submitted at the bid
authorize the Public Works Director/City
t with Bannaoun Engineers Constructors
it adopt the following resolution amending
City of West Covina in compliance with
RESOLUTION NO. - RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST CO INA, CALIFORNIA, AMENDING THE
CONFLICT OF INTEREST CODE FOR THE CITY OF WEST COVINA
Councilmember Reports
West Covina Veterans' Memori
It is recommended that the City C
of the West Covina Veterans' Mei
ACTION ON CONSENT CALENDAR
Motion by
to approve all items on the
except:
ROLL CALL
Herfert,
END OF
icil approve the tentative design and location
ial in the Civic Center Courtyard.
NUMBER D-1 THROUGH D-5:
second by
mt Calendar as recommended
Lane, Touhey, Sanderson
CALENDAR
09/21/10 4
Agenda material is available t jvww.westcovina.org
i
City Council Agenda for September 21, 2010
E) PUBLIC HEARINGS
1) Appeal Hearing
Appeal of Planning Commission
Conditional Use Permit No. 10-10
Appellant: Sayeed H. Arastu
Applicant: Mike Blackwell for
Location: 1030 E. Merced Ave
i
a) Verification of publication
b) Open hearing
c) Staff presentation
d) Public testimony
e) Close hearing
f) Council discussion
g) Recommendation: Staff r
10-10 to allow the installation
in the shape of a cross (mo
Commission due to new in
residents that was not available
Motion by
approve dis
2) Public Hearing
Amendments to the FY 2010-
The purpose of this hearing is to
to the FY 2010-2011 Action Plan
Grant (CDBG) program.
a) Verification of publication
b) Open hearing
c) Staff presentation
d) Public testimony
e) Close hearing
f) Council discussion
g) Recommendation: It is
proposed amendments to the
on Attachment # 1 of the staff
implement the amendments.
Motion by _
approve disal
1
,)proval of
learwire
ommends that Conditional Use Permit No.
a wireless communications tower designed
cross) be referred back to the Planning
mation being presented by neighboring
the time of Planning Commission review.
2nd by
hold over
1 Community Development Block Grant
public comment on proposed amendments
the City's Community Development Block
mmended that the City Council approve the
2010-2011 CDBG Action Plan as detailed
►rt and appropriate $40,000 as necessary, to
2l,d by
hold over
09/21/10 1 15
Agenda material is available
www. westcovina.org
City Council Agenda for September 21, 20i0
E) PUBLIC HEARINGS (continued)
3) Protest Hearing
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 recoi
abatement of weeds and rubbis]
No. 2010-48.
Motion by
approve
F) COMMUNITY DEVELOPMENT CO
No meeting scheduled.
G) DEPARTMENTAL MATTERS
No reports for this meeting.
mended that the City Council order the
on those properties described in Resolution
2°d by
H) MAYOR'S/COUNCILMEMBER REPO TS
No reports for this meeting.
N
hold over
AB 1234 Conference and MeetingReport
(In accordance with AB 1234, Councilmembers shall make a brief report or file a
written report on any meeting/event/ onference attended at City expense.)
If applicable, Councilmembers may ipake a verbal report at this time.
I) COUNCILMEMBER REQUESTS FOR REPORTS, STUDIES OR
INVESTIGATIONS
(Per City of West Covina Standing Rules 4. — 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 appr ved by a majority of the City Council.)
1) Councilmember Roger Hernandez
Request from Councilmember Roger Hernandez Requesting the City
Council to Instruct City Staff to Prepare a Report to Take a Position on
Proposition 23
It is reconunended that the City Cour cil direct staff accordingly.
Motion by ind by
to
5
09/21/10 6
Agenda material is available
I wwrv.tivestcovina.org
City Council Agenda for September21, 20110
I) COUNCILMEMBER REQUESTS FOR REPORTS, STUDIES OR
INVESTIGATIONS (continued)
2) Councilmember Roger Hernande
Request from Councilmember Roger Hernandez 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 Vallev Health Partners
It is recommended that the City Council direct staff accordingly.
Motion by 2°d by
to
COUNCILMEMBER COMMENTS
ADJOURNMENT
Motion by
Tuesday October 5
Tuesday October 19
2lid by
7:00 p.m.
7:00 p.m.
to adjourn the meeting at p.m.
Council Chambers Regular Meeting
Council Chambers Regular Meeting
12
09/21 / 10 7
Agenda material is available
it ivww. ivestcovina.org