11-02-2010 - Regular City Council Minutes of September 21, 2010 - min 09-21-10 (2).docM I N U T E S
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
September 21, 2010
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:03 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Pastor Mary Minor
Murph Chapel AME Church
PLEDGE OF ALLEGIANCE Mayor Pro Tem Herfert
ROLL CALL Mayor Sanderson, Mayor Pro Tem Herfert, Councilmembers Lane, Touhey
Absent: Councilmember Hernández
REPORTING OUT FROM CLOSED SESSION
Deputy City Attorney Gorman announced that due to a lack of quorum the City Council special meeting did not take place.
CHANGES TO THE AGENDA City Manager Pasmant announced that the appellant has withdrawn his request for an appeal of Item E-1 – Appeal Hearing, Appeal of Planning Commission Approval of
Conditional Use Permit No. 1010, Applicant: Mike Blackwell for Clearwire, Location: 1030 E. Merced Avenue and asked the Deputy City Attorney to elaborate on the details.
Item E-1 Appeal Hearing, Appeal of Planning Commission Approval of Conditional Use Permit No. 1010, Applicant: Mike Blackwell for Clearwire, Location: 1030 E. Merced Avenue
Deputy City Attorney Matt Gorman informed the Council that the appellant who filed an appeal of the Planning Commission decision, indicated his intention to withdraw the appeal, which
ordinarily would dispose of the appeal.
However, under the City’s Municipal Code, the matter would still be pending even though the appeal has been withdrawn and the Council would still need to take action on this item.
The options open to the Council would be to refer the matter back to the Planning Commission for further action as recommended by staff, or, the City Council could entertain the scheduled
public hearing and take further action on the matter.
Councilmember Touhey recused himself from any further discussion due to a conflict of interest due to a cell tower on his family’s property at 551 E. Vine Avenue.
Councilmember Touhey left the dais at 7:09 p.m.
Motion Motion by Herfert and seconded by Lane to refer this item back to the Planning Commission for further study and input by the residents. Motion carried by 3 – 0. (Touhey did
not participate).
Councilmember Touhey returned to the dais at 7:10 p.m.
PRESENTATIONS Mayor Sanderson presented Fire Chief Paul Segalla with a Proclamation declaring October 3 – 9, 2010 as Fire Prevention Week.
ORAL COMMUNICATIONS
John Shewmaker John Shewmaker, West Covina resident, commented on the recent FPPC fines imposed on the Political Action Committee, which supported the Measure D ballot measure during
2009 Election.
Herb Redholtz Herb Redholtz, West Covina resident, requested an update on roadwork at south end of the City and requested the synchronization of the traffic signals in the area; requested
a resolution by Council to oppose Proposition 22 on the November ballot.
Fredrick Sykes Fredrick Sykes, West Covina resident, addressed continual graffiti issues at Giano School; cell tower installations throughout the city and suggested a moratorium of cell
towers in order to revisit guidelines.
Mayor Sanderson inquired as to whether the City has jurisdiction to eradicate graffiti on school property.
Councilmember Touhey commented on areas with graffiti that are outside the city’s jurisdiction.
Chuck McCain Chuck McCain, West Covina resident, expressed concerns that the Appearance of Fairness doctrine has been violated because at the September 7 council meeting, during discussion
of the appeal of the Planning Commission decision to deny the property owner on Great Mountain Drive security gates, a councilmember was texting during the discussion, appeared disinterested
but was quick to bring the matter to a vote and brought forth campaign donations made to the councilmember by the owner of the property.
Alfred Williams Alfred Williams, West Covina resident, addressed comments made earlier regarding fines assessed by the FPPC upon the Political Action Committee he was active in and admitted
they did make mistakes.
Lloyd Johnson Lloyd Johnson, West Covina resident, thanked staff members Chris Freeland, Michelle McNeill, and Shannon Yauchzee for their efforts to find a location for the Veterans’
Memorial wall.
Glenn Kennedy Glenn Kennedy, West Covina resident, addressed the proposed memorial wall; graffiti issues brought forward by an earlier speaker.
Council discussion Mayor Pro Tem Herfert commented on elections and fair campaigns and stated there were continued issues with the committee supporting Measure D.
Councilmember Touhey addressed unfair political practices pertaining to a mailer during the last election. Addressed graffiti issues in County areas and responsibility of the County
and school district to remove graffiti.
Mayor Pro Tem Herfert made a request for a report to be brought back to send a letter to the FPPC objecting to campaigning through a campaign consultant without reporting.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
C-1 Appeal Hearing
Appeal – 318 Great Mtn. Dr. Planning Director’s Modification No. 10-20
Security Gate (Vehicular Security Gates)
Location: 318 Great Mountain Drive
Applicant/Appellant: Bancomer Construction
Mayor Sanderson announced the hearing matter and Assistant City Clerk Sue Rush verified that proper legal notice had been given. Mayor Sanderson then proceeded to open the hearing.
Assistant City Attorney Matt Gorman stated, for the record, that Mayor Pro Tem Herfert was absent from the previous hearing of this item but had been provided a full record of the testimony
and hearing for his review and is able to participate in tonight’s hearing.
Acting Planning Director Jeff Anderson presented a detailed report stating that this item was continued from the September 7, 2010 council meeting and pointed out the details of the
Planning Commission’s review of the project on July 13 and July 27, 2010. On July 27, 2010, the Planning Commission voted to deny the request citing the area was no different from
other cul-de-sacs, that the gates could create hazards with backing and were close to neighboring homes. The applicant has submitted revised plans proposing an alternative location
for the gates. Given the revisions to the initial proposal, Planning Department and Public Works Department staff support the revised proposal as the proposed security gate complies
with all of the Security Gate Standards. Acting Director Anderson also stated that alternatively, the City Council could refer the Planning Director’s Modification back to the Planning
Commission for their review, since the revised plan had not been presented to them.
Public Testimony Mayor Sanderson then proceeded to open the public comment portion of the hearing and called for comments.
In Favor Al Banegas, spoke in support of approval of the Planning Department’s recommendation stating they have met and have complied with the City’s standards and encouraged the Council
to approve the recommendation.
Opposed Paul Tombrello, West Covina resident, urged that it be referred back to the Planning Commission for their review to ensure that all issues are addressed.
Chuck McCain, West Covina resident, spoke in opposition to the placement of the gate and changes to the landscape.
Rebuttal Al Banegas stated in rebuttal that the gate is for security purposes, not to be showy; disagreed with suggestions to move the gate stating that the Planning Department set those
standards and urged the Council to approve their recommendation.
Deputy City Attorney stated that comments brought forward under Oral Communications appear to be related to this matter and those comments and documents submitted are considered part
of the record of this proceeding. [Oral Communication comments by Chuck McCain]
Mayor Sanderson requested clarification of a statement made about fairness doctrine.
Deputy City Attorney Gorman addressed the statement regarding allegations that a councilmember at the last meeting may
have an appearance of bias due to receiving contributions by the property owner. Gorman recommended that this does not have any weight for purposes of the Council’s decision tonight
because the councilmember is not present and will not factor into the decision. However, the allegation has been made and will be preserved for the record.
Deputy City Attorney Gorman responded to comment by Mayor Sanderson regarding the contribution made and stated that it is a separate matter and it would not be appropriate to comment
on it.
Closed Testimony There being no one else wishing to comment, Mayor Sanderson closed the public comment portion of the hearing.
Council discussion Mayor Pro Tem Herfert stated he received and reviewed the audio record of the testimony from the hearing held on September 7, 2010.
Acting Planning Director Anderson responded to further questions by council regarding safety, impact to parking, and necessity of the security gate.
Mayor Sanderson stated she would support the project to return to the Planning Department or would support no gates.
Motion Motion by Herfert and seconded by Lane to uphold the decision by the Planning Commission to deny the appeal to install a security gate at the property. Motion carried by 3 –
1 (Touhey – No).
Councilmember Touhey requested that future city policies for standards and requirements for private enterprise should also apply to city property.
CONSENT CALENDAR Mayor Pro Tem Herfert requested that Item D-5 West Covina Veterans’ Memorial be pulled for separate discussion to review a photo of the proposed memorial.
D-1 Commission Summary of Actions (receive & file)
Summary of Actions Planning 08/24/10, 09/14/10
D-2 Claims Against the City of West Covina
Claims Government Tort Claim Denials (deny & notify claimant)
Recommendation is that the following Government Tort Claims be denied and the claimants and/or their respective attorneys be so notified.
Roy R. Pool vs. City of West Covina
Ismael Lontok vs. City of West Covina
Ralph Ramirez vs. City of West Covina
Safeco Insurance/Eleanor J. Bury vs. City of West Covina
Helen Andrea Martinez vs. City of West Covina
Gary Williams vs. City of West Covina
Award of Bid
D-3 Award of Bid for Plaza Drive Street Improvements -
Plaza Drive Improvements Project No. SP-07114 and Federal Project HPLUL-5259(015 )
Recommendation is that the City Council accept the bid of Bannaoun Engineers Constructors Corporation in the amount of $426,433.75 as submitted at the bid opening on August 31, 2010
and authorize the Public Works Director/City Engineer to execute an agreement with Bannaoun Engineers Constructors Corporation to perform the work.
D-4 Miscellaneous - City Clerk’s Office
Conflict of Interest Code Update Conflict of Interest Code Biennial Update
Recommendation is that the City Council adopt the following resolution amending the Conflict of Interest Code for the City of West Covina in compliance with Government Code requirements.
Resolution No. 2010-51 RESOLUTION NO. 2010-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE CITY OF WEST COVINA
Item removed for separate discussion.
D-5 Councilmember Reports
Veterans’ Memorial Wall West Covina Veterans’ Memorial
Recommendation is that the City Council approve the tentative design and location of the West Covina Veterans’ Memorial in the Civic Center Courtyard.
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Touhey to approve all items on the Consent Calendar as recommended except Item D-5 West Covina Veterans’ Memorial. Motion carried
by 4 – 0.
Item D-5 West Covina Veterans’ Memorial -
Community Services Director Michelle McNeill provided a brief background of the proposed memorial and reviewed a photo of the proposed wall.
Glenn Kennedy and George Odgen responded to questions regarding donors and veterans’ information to be placed on the wall.
Motion Motion by Touhey and seconded by Herfert to approve the tentative design and location of the West Covina Veterans’ Memorial in the Civic Center Courtyard. Motion carried by 4
– 0.
PUBLIC HEARINGS
Appeal Hearing
Appeal of Planning Commission Approval of
Conditional Use Permit No. 10-10
Appellant: Sayeed H. Arastru
Applicant: Mike Blackwell for Clearwire
E-1 Location: 1030 E. Merced Avenue
Monocross Cell Tower This item was discussed earlier in the meeting under Changes to the Agenda.
Public Hearing
E-2 Amendments to the FY 2010-2011 Community Development
CDBG Action Plan 2011 Block Grant (CDBG) Action Plan
Mayor Sanderson announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Sanderson proceeded to open the public hearing and
Community Services Management Analyst Kelly McDonald gave the report giving the details of the amendments to the CDBG Action Plan.
Council discussion Mayor Pro Tem Herfert inquired about the size of the storage room at the Senior Center and the condition of the current bridge at Cortez Park.
Community Services Director McNeill gave a brief explanation of the need for a larger storage room and stated she did not have the information on size but would provide them later.
Public Works Director Yauchzee responded to questions regarding the bridge stating it was in need of replacement due to the condition of the wood and would be replaced by materials
similar to Heritage Park so that it will be low maintenance and last longer than wood.
Open Testimony Mayor Sanderson proceeded to open the public comment portion of the hearing and called for comments.
Close Testimony There being no one wishing to address council, Mayor Sanderson closed the public comment portion of the hearing.
Motion Motion by Touhey and seconded by Lane to approve the Amendments to the FY 2010-2011 CDBG Action Plan as follows:
Motion carried by 4 – 0.
Protest Hearing
E-3 Weed Abatement 2010 – Various Locations Citywide
Weed Abatement Mayor Sanderson announced the protest hearing matter and Assistant City Clerk Rush verified the Affidavit of Mailing and that proper legal notice had been given.
Motion by Herfert seconded by Lane to receive and file the Affidavit of Mailing. Motion carried by 4 – 0.
Mayor Sanderson then proceeded to open the hearing and Fire Prevention Specialist Jason Briley presented a brief report stating this year’s weed abatement program consists of 22 properties.
Briley further stated that this hearing will allow the council to hear any protests from citizens regarding the abatement of their property or to hear concerns from citizens and stated
that within the last two weeks all 22 properties had complied with the request abating weeds on their properties.
Councilmember Touhey and Mayor Pro Tem Herfert inquired why the matter is being heard if the properties presented for abatement are currently in compliance.
Fire Prevention Specialist Briley and staff explained that these properties were not previously in compliance when this public hearing was notice and the properties have recurrent problems
that will most likely require abatement within the year.
Mayor Pro Tem Herfert requested that the amount each parcel is being assessed also be included on the abatement roll.
Assistant City Clerk Rush confirmed that no written protests or objections against performing the proposed work had been received.
Open Testimony Mayor Sanderson proceeded to open the public comment portion of the hearing and called for public comments or objections.
Norman Richmond, West Covina resident, addressed several properties on the abatement roll, including his own property in which weeds have already been removed and stated that one of
the property owners listed has been deceased for many years.
Closed Testimony There being no one else wishing to address Council, Mayor Sanderson closed the public comment portion of the hearing.
Councilmember Touhey stated he would not support this item due to the property owners being in compliance and abatement should be conducted on properties not in compliance.
City Manager Pasmant requested the item be continued to the next meeting to further review.
Deputy City Attorney Gorman suggested the hearing be reopened to avoid having to re-notice the hearing.
Mayor Sanderson reopened the hearing to allow for future testimony and discussion.
Discussion ensued regarding the abatement process.
Motion Motion by Herfert and seconded by Lane to continue the hearing to the next meeting to look into the abatement process for properties that are on the roll but that are in compliance
and others that are not in compliance but are not on the roll and ensure that current property owner information is accurate.
Motion carried by 3 – 1 (Touhey – No).
COUNCILMEMBER REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS
I-1 Councilmember Roger Hernández
Proposition 23 Request from Councilmember Roger Hernández Requesting the City Council to Instruct City Staff to Prepare a Report to Take a Position on Proposition 23
Motion by Touhey and seconded by Sanderson to bring back a report on this item to the next meeting. Motion carried by 4 – 0.
Councilmember Roger Hernández
I-2 Request from Councilmember Roger Hernández 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 Valley Health Partners
This item was held over to the next meeting.
COUNCILMEMBER COMMENTS
Councilmember Touhey requested Proposition 22 be agendized for the next meeting as a council request.
ADJOURNMENT Motion by Touhey and seconded by Lane to adjourn the meeting at 8:53 p.m. in memory of
Jamie Alonzo, daughter of Charlene Brownwood, long-time resident
Don Grant, past commissioner.
Motion carried by 4 – 0.
Submitted by:
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Assistant City Clerk Susan Rush
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Mayor Shelley Sanderson