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10-19-2010 - RegularTuesday October 19, 2010 REGULARP OF Tl WEST COVINA C AGEN TING COUNCIL 7:00 pm Council Chambers Agenda material is available for review at the City Clerk's Of ce, Room 317 in City Hall, 1444 W. Garvey Avenue, West Covina and at www.westcovina.org The City complies rith the Americans With Disabilities Act (ADA). If you will need special assistance at Council meetings, please 611 (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8 to 5 Monday through Thursday. Do call at least oni 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 tc 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 ins ection in the City Clerk's Office, Room 317 of City Hall located at 1444 W. Garvey Avenue, West Covina, during �ormal business hours. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Reverend M Hollifield West Covina t Inited Methodist Church Councilmemb r Touhey Mayor REPORTING OUT FROM CLOSED SESSION CHANGES TO THE AGENDA PRESENTATIONS I CERTIFY THAT A COPY OF THE COUNCIL AGENDA FOR JA TING OF /o / /q /jo WAS POSTED IN ANCE WITH THE 01/87 BROyVN ACT AMENDMENTF CI CLERK Mayor Pro Tern Herfert Hernandez, Lane, Touhey * Certificate o. f Recognition Dr. Williaml Good, West Covina Holocaust Survivor * Presentatio West Covin Unified School District Coronado '�h School * Presentatio Michelle S uza - September Photo Contest Winner * Certificates Jof Recognition Youth Ponyl Baseball Pinto Super Region Champions * Certificates lofRecognition Youth Ponyl Baseball Shetland Zone Champions * Certificates of Recognition Youth Pon Baseball Foal World Series Champions City Council Agenda for October 19, 2010 I RULES OF DECORUM I The following are excerpts from the West Covina Municipal Sec. 2-48. Manner of addressing council; time limit; person (a) Each person addressing the council shall step up to residence in an audible tone of voice for the record ar limit his or her address to five (5) minutes. (b) The city council may establish a limit on the duration of (c) All remarks shall be addressed to the council as a body the council, and the person having the floor, shall be, pe through a member of the council, without the permission a councilmember except through the presiding officer. (d) The presiding officer may require any person to be swc subject. Any such person who, having taken an oath that to such oath states as true any material matter which he and subject to the penalty prescribed for perjury by the pi Sec. 2-50. Decorum --Required. (a) While the council is in session, the members must press conversation or otherwise, delay or interrupt the pros member while speaking or refuse to obey the orders of herein provided. (b) Any person making personal, impertinent or slander addressing the council shall be forthwith, by the pres council, unless permission to continue be granted by a n addressing may be sworn. e rostrum, shall give his or her name and city of unless further time is granted by the council, shall 1� communications. not to any member thereof No person, other than tted to enter into any discussion, either directly or the presiding officer. No question shall be asked of •n as a witness before addressing the council on any ie or she will testify truthfully, willfully and contrary knows to be false may be held to answer criminally visions of the Penal Code of the state. order and decorum, and a member shall neither, by Ings 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 Iv 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, 4 obstructs any public officer, peace officer, or an emergency medical technician, as defined in Divisi+ 2.5 (commencing with Section 1797) of the Health and Safety code, in the discharge or attempt to dischE rge 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 riot to exceed one year, or by both that fine and imprisonment. 403 Every person who, without authority of law, willfull 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. DEVELOPMENT COMMISSION (Per WCMC 2-48, Ordinance No. 2150) Any person wishing to address the City Council/Cpmmunity Development Commission on any matter listed on the agenda or on any other matteF 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 yo 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 thir (30) minutes, unless speakers addressing agenda items have not concluded. Any testimony or comments regarding a matter sett for a Public Hearing will be heard during the hearing. 10/19/10 Agenda. material is 2 1 at www.westcovina.org City Council Agenda for October 19, 2010 A) ORAL COMMUNICATIONS — Five (5) m�nutes per speaker Please step forward to the podium and sta#e 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 CONSUL] 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 co sidered to be routine and can be acted on by one roll call vote. There will be no separate discussion of th se items unless members of the City Council request specific items to be removed from the Consent Calen ar for separate action. 1) City Council Meeting Minutes (rec�ive & file) Regular Meeting Minutes of 2) Commission Summary of Actions a) Community Services ................... b) Planning ...................................... c) Senior Citizens Commission........ i' 7, 2010 (receive & file) ............................................. 07113110 .............................................10112110 ............................................ : 06/24/ 10 3) Miscellaneous — Community Devel pment Commission i a) Exclusive Negotiating Are ment with CGM De It is recommended that the City Council approve a 180-day Exclusive Negotiating Agreement with two (2) 60-day option periods with C.G.M. Development, Inc. ("Develo er") in order to negotiate the terms of sale and development of ap roximately 2.2 acres portion of the Civic Center site. Miscellaneous - Community Servi es Department b) 2011 Greater, Los Angele Homeless Count Conducted by the Los It is recommended that the C ty Council receive and file this report. I i 10/19/10 3 Agenda material is available at www.westcovina.org City Council Agenda for October 19, 2010 D) CONSENT CALENDAR (continued) 3) Miscellaneous - Finance Departm c) Lease Agreement with T- West Corporation to Co -Locate a It is recommended that the City Council approve the proposed Lease Agreement authorizing T-Mobile West Corporation to lease 284 square feet of space to ,'house ground equipment and install wireless antenna on the City owned Radio Tower aft Fire Station 5 for a wireless site.. Miscellaneous - Human Resources Department d) Retirement Benefit — Misc( In order to implement the ch 2% @ 60 for miscellaneous time in the miscellaneous , Memorandums :of Understar with five miscellaneous bard introduce the following ordii AN ORDINANCE OF THE COVINA, CALIFORNIA, THE CONTRACT BETWEF WEST COVINA AND THE CALIFORNIA PUBLIC EMI Miscellaneous - Police, Department e) Mobile Radio Purchase U ige in retirement benefit from 2.5% @ 55 to ;mployees entering membership for the first assification, as previously approved in the ing and the City's Last Best and Final Offer ining units, the City Council is requested to TY COUNCIL OF THE CITY OF WEST 7THORIZING AN AMENDMENT TO THE CITY COUNCIL OF THE CITY OF BARD OF ADMINISTRATION OF THE )YEES' RETIREMENT SYSTEM 2008 State Homeland Security Grant It is recommended that the ity Council authorize the direct purchase of seven (7) equipped vehicle mounted XTL .5000 mobile radios from Motorola's authorized regior al distributor (Advanced Electronics) under Los Angeles County co itract pricing MA-IS-43070-6, totaling $34,481.17, using 2008 State Homeland Security Grant funds, account 227.31.3110.6999. f) Additional 2009-2010 Supplemental Law Enforcement Services Fund It is recommended that $40,723.86 funds from Enforcement Services FL unbudgeted police supply ACTION ON CONSENT CALENDAR Motion by to approve all items on the except: ROLL CALL: Herfert, H END OF CONSE] City Council appropriate the additional e State under the Supplemental Law (SLESF) grant into 155.31.3110.6290 for S NUMBERS D=1 THROUGH D-3f: second by ;nt Calendar as recommended Lane, Touhey, Sanderson CALENDAR 10/19/10 1.4 Agenda material is availab at www.westcovina.org City Council Agenda for October 19, 2010 E) PUBLIC HEARINGS'. 1) Appeal Hearing Appeal of Planning Commission De Administrative Use Permit No. 10-2 Categorical Exemption, Location: 1131 So Applicant/Appellant: Walgre vial of th Glendora Avenue is (Daniel J. Kramer, Haas Najarian, LLP/ L'LP) The applicant is requesting approval of an administrative use permit to provide the off -sale service of beer and wine ffype 20) in conjunction with the operation of an existing Walgreens, drug store atJ the above -mentioned address. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion, g) Recommendation: The Pl Council adopt the following Commission recommends that the City nn• RESOLUTION NO. I - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION F THE PLANNING COMMISSION AND DENYING ADMINISTRATIVE USE PERMIT NO. 10-23 Motion by adopt 2nd by disapprove hold over a 2) Public Hearing Code Amendment No. 09-04 This hearing consists of a proposed code amendment that is intended to modify and update various 'sections of the Municipal Code related to wireless telecommunication facilities. a) Verification of publication b) Open hearing c) Staff presentation d) Public testimony e) Close hearing f) Council discussion g) Recommendation: The Planni g Commission and staff recommend that the City Council introduce the folio ing ordinance: AN ORDINANCE OF THE C TY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AM NDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIP L CODE RELATED TO WIRELESS TELECOMMUNICATION FA ILITIES (CODE AMENDMENT NO. 09- 04) Motion by introduce di ROLL CALL: Herfert, F i 2nd by hold over _ Lane, Touhey, Sanderson 10/19/10 5 Agenda material is availat at www.westcovina.org City Council Agenda for October 19, 2010 F) COMMUNITY DEVELOPMENT COM SSION No meeting scheduled. G) DEPARTMENTAL MATTERS FINANCE DEPARTMENT 1) 2009-10 and 2010-11 Fisc It is recommended that the City Coun it take the following action: 1. Receive and file this budget updatl . 2. Appropriate $38,000 of CDBG funds to the Street Barrier Removal Project (131.81.8025.7200). 3. Un-appropriate $324,594 from th Community Development Commission budget to reflect the elimination o two Senior Project Manager and one Project Coordinator positions. Motion by 2°d by approve disapprove I hold over H) MAYOR'S/COUNCILMEMBER I) No reports for this meeting. AB 1234 Conference and Meeting (In accordance with AB 1234, Cour written report on any meeting/event If applicable, Councilmembers may ort embers shall make a brief report or file a erence attended at City expense.) a verbal report at this time. 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 readil 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) Mayor Pro Tem Steve Herfert Request from Mayor Pro Tem Steve Herfert Requesting the City Council Consensus to Instruct the City ttorney to Prepare a Report for the City Council to Take a Position o the California Fair Political Practices Commission Form 460 Schedule F Related to Unpaid Bills It is recommended that the City Co it direct staff accordingly. Motion by to 711 10/19/10 6 Agenda material is available it www.westcovina.org City Council Agenda for October 19, 2010 COUNCILMEMBER COMMENTS ADJOURNMENT Motion by Tuesday Tuesday 10/19/10 2nd by November 2 7:00 p.m. November 16 7:00 p.m. Agenda material is avail adjourn the meeting at Council Chambers Regular Meeting Council Chambers Regular Meeting 7 ble at www.westcovina.org p.m.