09-07-2010 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
September 7, 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.
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INVOCATION Reverend Alexandra Conrads
St. Martha's Episcopal Church
PLEDGE OF ALLEGIANCE Councilmember Lane
ROLL CALL Mayor Sanderson, Councilmembers Hernandez, Lane, Touhey
Absent: Mayor Pro Tern Herfert
REPORTING OUT FROM CLOSED SESSION'
City Attorney Arnold Alvarez-Glasman reported the following:
Prior to convening into closed session all items on the CDC
agenda were announced for inclusion in the closed session
discussion.
Items on the CDC agenda:
Conference with Real Property Negotiators — Property:
AAA Pad, 2102 S. Azusa Avenue - All members of the Commission
were present except Vice Chairman Herfert. The CDC board
received a briefing from Agency Negotiators, direction was
provided to the Agency's negotiators with no final action taken.
CHANGES TO THE AGENDA None.
PRESENTATIONS Mayor Sanderson, assisted by Police Chief Frank Wills, introduced
Officer Matthew Quinteros and 9 11 Dispatcher Gladys Haren, who
received the Police Department's Life Saving Award for their
efforts to save 18-month old Eva Quintanilla-Velasquez.
Mayor Sanderson, assisted by Community Services Director
Michele McNeill, recognized Cassie Franklin, winner of the July
Photo contest.
Mayor Sanderson announced that both the American Little League
Major Division and Minor Division Champions were unable to
attend tonight's meeting and will be rescheduled for a future
meeting. i
Mayor Sanderson, assisted by Community Services Director
Michele McNeill, recognized "Girl's Night Out" held at the
Westfield as part of the City's commercial Recreation Plan.
ORAL COMMUNICATIONS
Judith L. Angelo Judith L. Angelo, West Covina resident, recognized Detective Tim
Rodgers and the West Covina Police Department on his thorough
follow up to! a burglary at . her home and presented Detective
Rodgers with a certificate from Congresswoman Judy Chu.
City Council Minutes of September 7, 2010'
Fredrick Sykes Fredrick Sykes; West Covina resident, offered condolences to the .
Roudebush family; spoke on eye pollution as a result of cell towers
and requested a citywide masterplan on cell towers.
Royall Brown Royall Brown,, West Covina resident, addressed an area along
Azusa Avenue opposite Fairgrove, which is a preserved area for
the gnatcatcher, and the dry landscaping is a fire hazard and urged
clearing the dry brush.
Alfred Williams Alfred Williams, West Covina resident, addressed returning
Council meeting to cable and the internet; expressed his opposition
to selling alcohol at services stations.
Bill Hosn Bill Hosn, West Covina resident, addressed the mobile food
vendors.
Glenn Kennedy Glenn Kennedy, West Covina resident, presented drawings of a
proposed memorial wall design and location within the Civic
Center for Council's approval.
-Motion by Touhey and seconded by Sanderson to agendize
this matter for the next council meeting.
CONSENT CALENDAR
D-1
Minutes
D-2
Traffic Committee
Mayor Sanderson stated that a written communication was
submitted by resident Joanne Wilner regarding the proposed lease
agreement with Clearwire Communications for wireless facilities
and requested the, City amend their agreements in which any
monies from cell towers go into park accounts for improvements
and maintenances not the general fund.
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Councilmember Touhey stated he would abstain from Items D-4a,
D-4b and D-4e on the consent calendar. His family is engaged in a
lease agreement with American Towers, in which Clearwire
Communications is a sub lease.
On behalf of John Hughes, Mayor Sanderson announced that the
MDA event over the Labor Day weekend was a great success.
Following comments by council; Public Works Director stated that
the dry area along Azusa is a wilderness area and cannot be
encroached or disturbed in any manner to preserve the Costal
Scrub habitat.
Councilmember Hernandez requested Agenda Items D-4a Lease
Agreement with Clearwire Communications for Wireless Facility
at Del Norte Park, D-4b Lease Agreement with Clearwire
Communications for Wireless Facility at Friendship Park, and D-
4c Lease Agreement with Clearwire Communications for Wireless
Facility at Palm View Park be pulled for separate consideration.
City Council Meeting Minutes (receive& file)
• Special Meeting of July 20, 2010
• Regular Meeting of July 20, 2010
• Special Meeting of August 4, 2010
• Special Meeting of August 9, 2010
• Adjourned Special Meeting of August 11, 2010
Traffic Committee Meeting Minutes of July 20, 2010
I. Request:
Ronaldo Herndndez, West Covina Resident
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City Council Minutes of September 7, 2010
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That no parking on street sweeping days be implemented on
the south side of Ardilla Avenue from Channing Street to
Pacific Avenue every Tuesday of each month from 7:00 a.m.
to 3:30 p.m.
Traffic Committee Recommendation:
That no parking on street sweeping days be implemented on
the south side of Ardilla Avenue from Channing Street to
Pacific Avenue every Tuesday of each month from 7:00a.m. to
3:30 p.m. {
II. Request:
City Initiated
That a stop sign be installed on westbound Mobeck Street at
Dawley Avenue.
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Traffic Committee Recommendation:
That a stop sign be installed on Mobeck Street westbound
approach to Dawley Avenue.
III. Request:
Charles Kim, West Covina Resident
That no parking on street sweeping days
Delores Street from Elena Avenue to De(
of each month from 7:00 a.m. to 3:30 p.m.
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IV. Request:!
Melanie Glazier, West Covina Resident
That no parking on street sweeping days
Eileen Avenue from Louisa Avenue to
be implemented on
Lane every Friday
be implemented on
end of street every
Tuesday of each month from 7:00 a.m. to 3:30 p.m.
Traffic Committee Recommendation:
That no parking on street sweeping days be implemented on
Eileen Avenue from Louisa Avenue to end of street every
Tuesday of each month from 7:00 a.m. to 3:30 p.m.
D-3 City Treasurer's Report (receive & file)
Treasurer's Report Reports for the Months of June and July 2010
D-4a Miscellaneous - Finance Department
Lease/Wireless Facility Lease Agreement with Clearwire Communications for Wireless
Del Norte Park Facility at Del Norte Park
Recommendation is that the City Council authorize the City
Manager to execute the proposed Lease Agreement with Clear
Wireless LLC Communications to lease space to locate a wireless
data facility and ground equipment in Del Norte Park.
D-4b Lease Agreement With Clearwire Communications for Wireless
Lease/Wireless Facility Facility at Friendship Park
Friendship Park Recommendation is that the City Council authorize the City
Manager to execute the proposed Lease Agreement with Clear
Wireless LLC ,Communications to lease space to locate a wireless
data facility and ground equipment in Friendship Park.
D-4c Lease Agreement with Clearwire Communications for Wireless
Lease/Wireless Facility at -Facility at Palm View Park
Palm View Park Recommendation is that the City Council authorize the City
Manager to execute the proposed Lease Agreement with Clear
Wireless LLC Communications. to lease space to locate a wireless
data facility and ground equipment in Palm View Park.
City Council Minutes of September 7, 2010
D-4d Prop A Fund Exchange — City of Commerce
Prop A Fund Exchange/Commerce Recommendation is that the City Council approve the agreement
authorizing the sale of Prop A Funds to the City of Commerce.
D-4e Upgrade of Communications Center 9-1-1 Equipment and Work
9-1-1 Equipment Upgrade Stations
Recommendation is that the City Council take the following
actions:
a) Appropriate $270,000 from State of California 9-1-1 funds for
911 Communications Center upgrade;
b) Award bid in the amount of $146,967.56 to AT&T California
to upgrade current Vesta Standard 94=1 equipment; and
c) Award bidin the amount of $85,552.32 to Watson Dispatch to
upgrade workstations.
D-4f Letter of Credit Substitution for the 1988 Lease Revenue
Letter of Credit/Lakes Refunding Bonds (The Lakes Public Parkinp- Proiect)
Recommendation is that the City Council adopt the following
resolution:
Assistant City, Clerk Rush presented:
Resolution No..2010-47
RESOLUTION NO. 2010-47 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE EXECUTION AND DELIVERY BY THE
CITY OF ; A REIMBURSEMENT AGREEMENT,
AUTHORIZING THE DISTRIBUTION OF A REMARKETING
MEMORANDUM AND THE TAKING OF OTHER CERTAIN
ACTIONS IN CONNECTION THEREWITH
D-4g
Miscellaneous _ Fire Department
Weed Abatement 2010
Weed Abatement 2010 — Various Citywide Locations
Recommendation is that the City Council take the following
actions.
1. Set September 21, 2010, as the date for the public hearing of
any objections or protests to said program.
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2. Approve the Weed Abatement Roll .for the calendar year 2010,
and adopt the following resolution for the 2010 Weed
Abatement Program.
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Assistant CityClerk Rush presented:
Resolution No. 2010-48
RESOLUTION NO. 2010-48 - A RESOLUTION OF THE CITY
COUNCIL OF THE . CITY .OF WEST COVINA, CALIFORNIA,
DECLARING! ALL RUBBISH .AND REFUSE UPON, AND
ALL WEEDS! GROWING UPON SPECIFIED STREETS AND
PRIVATE PROPERTY WITHIN SAID CITY TO BE A PUBLIC
NUISANCE i AND DECLARING ITS INTENTION TO
REMOVE AND 'ABATE THE SAME UNDER AND IN
ACCORDANCE WITH THE PROVISIONS OF TITLE 4,
DIVISION 3, PART 2, CHAPTER 13, ARTICLE 2, SECTIONS
39560 THROUGH 39588, OF THE CALIFORNIA
GOVERNMENT CODE
D-4h
Miscellaneous - Police Department
State Asset Forfeiture Funds
State Asset Forfeiture Funds for Police Equipment Lockers
Recommendation is that the City Council appropriate $15,300 in
State asset forfeiture from the fund, balance of Fund 116 into
116.31.3110.6490 to fund the purchase, installation, and delivery
of police department equipment lockers from Rusco, Inc., the
vendor with the lowest price.
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City Council Minutes of September 7, 2010
D-4i Appropriation of Private Grant from Target for Financial Crimes
Target Grant for Training Training
Recommendation is that the City Council appropriate the Target
grant ($2,000) into account 221.31.3110.6050.
D-4j Miscellaneous — Public,Works Department
SCE Grant Easement/Shadow Oak Grant of Easement for Utility Purposes in Favor of Southern
California Edison Company Located at Shadow Oak Park
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2010-49 RESOLUTION NO. 2010-49 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A GRANT OF EASEMENT IN FAVOR OF
SOUTHERN CALIFORNIA EDISON COMPANY
CONSENT CALENDAR ACTION Motion -by Touhey and seconded by Hernandez to approve all items
on the Consent Calendar as recommended except Items D-4a Lease
Agreement with Clearwire Communications for Wireless Facility
at Del Norte Park, D-4b Lease Agreement with Clearwire
Communications for Wireless Facility at Friendship Park, and D-
4c Lease Agreement with Clearwire Communications for Wireless
Facility at Palm View Park. Motion carried 4 — 0 by the following
Roll Call vote; with the record reflecting that Touhey abstained on
Items D-4a, D-4b, and D-4c:
AYES: 'Hernandez, Lane, Touhey, Sanderson
NOES: None
ABSTAIN: :Touhey on Items D-4a, D-4b, D-4c only
ABSENT: Herfert.
Councilmember Touhey left the dais at 7:51 p.m.� due to recusing himself from discussion as stated
earlier.
Item D-4a
Lease Agreement with Clearwire Communications for Wireless
Facility at Del: Norte Park
Item D-4b
Lease Agreement with Clearwire Communications for Wireless
Facility at Friendship Park
Item D-4c
Lease Agreement with Clearwire Communications for Wireless
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Facility at Palm View Park
Councilmember Hernandez commented on the unsightly aesthetics
and reduction in open space at parks with cell towers and inquired of
the policy directive to staff to continue adding cell towers in parks.
City Manager Pasmant replied that these proposals are not
solicited and are being brought to Council for approval.
Councilmember Lane inquired into subterranean locations for the
equipment. Assistant City Manager Bachman stated it can be
explored.
Councilmember Hernandez requested notices be sent to
residents within a 300-500 ft. radius of proposed location.
Discussion continued regarding approving the lease
agreements subject to design approval [subterranean] and if
modifications to design cannot be made it can be brought back to
council. Mr. Bachman stated that the final design will require a CUP
by the,Planning commission.
Motion
Motion by Lane and seconded by. Sanderson to approve the Lease
Agreements for the Wireless Facilities at Del Norte Park (D-4a),
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City Council Minutes of September 7, 2010 ,
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Friendship Park (D-4b) and Palm View Park (D-4c) with the
condition that they be brought back to Council if design condition
(subterranean) cannot be met. Motion carried by 2 — 1 (Hernandez —
No) and Councilmember Touhey abstaining as noted.
Councilmember Touhey returned to the dais at 8:03 p.m.
PUBLIC HEARINGS
E-1 Public Hearing
EMS Assessment Fee Establishment of the Emergency Medical Services Assessment Fee
Mayor Sanderson announced the hearing matter and City Manager
Pasmant recommended that the hearing not be conducted and the
Council receive and file this report.
Motion Motion by Lane and seconded by Hernandez to not conduct the
hearing and file and receive this report. Motion carried by 4 — 0.
E-2
2010 Congestion Management Program (CMP)
Congestion Management Program
Conformance Self -Certification and
Local Development Report (LDR)
Mayor. Sanderson announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given. Mayor
Sanderson then proceeded to open the hearing and Acting Planning
Director Anderson briefly explained that the City is required to
submit statistics on development activity to MTA to determine the
City's conformance with the CMP. The report covers development
activity from June 2009 through May 2010 and staff recommends
adoption of the; resolution.
Open Testimony
Mayor Sanderson then proceeded to open the public testimony
portion of the hearing and called for comments.
Close Testimony
There being no one wishing to address Council, Mayor Sanderson
closed the public testimony, portion of the hearing.
Assistant City Clerk Rush presented:
Resolution No. 2010-50
RESOLUTION NO. 2010-50 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
FINDING THE CITY TO BE IN CONFORMANCE WITH THE
CONGESTION MANAGEMENT PROGRAM (CMP) AND
ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN
ACCORDANCE WITH CALIFORNIA' GOVERNMENT CODE
SECTION 65089
Motion
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Motion by Lane and seconded by Hernandez to adopt the resolution.
Motion carried by 4 — 0.
E-3 Appeal Heari fig
318 Great Mountain — Gates Appeal of Planning Director's Modification No. 10-20
(Vehicular Security Gates)
Location: i 318 Great Mountain Avenue
Applicant/Appellant: Bancomer Construction
Mayor Sanderson announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given. Mayor
Sanderson then proceeded to open the hearing and Acting Planning
Director Anderson provided a brief background of the appellant's
request to install vehicular security gates at Great Mountain Drive at
the entrance of a five -unit single-family residential development with
a private street. Standards for security gates were established by the
Planning Commission in 1990. The applicant had submitted two
letters citing loitering, crime incidents, theft and debris left on the
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City Council Minutes of September 7,201,0
street as reasons for installation of gates. The owner of the property
:fives out of the country and only one of the five homes is occupied.
Mr. Anderson stated the request is for a 6-foot wrought iron
vehicular gate and pedestrian gate, located approximately 70 ft. from
Virginia Ave. curb line, with an intercom keypad pedestal .along the
right side of the driveway.
The proposal does not contain a turnaround in front of the
gate allowing vehicles the ability to turn around causing vehicles not
allowed to enter to back onto Virginia Ave. and it does not provide
for guest parking outside ` the gate to allow visitors to use the
intercom requiring guests to park on the street to access the intercom,
both of which are required bythe Standards. Staff is concerned. with
noise from the gate and the impact to the surrounding houses.
Open TestimonX Mayor; Sanderson then proceeded to open the public testimony
portion of the hearing and called for comments.
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In favor Al Batiegas, applicant/appellant, representing the property owner —
Mr. Benegas cited concerns of crime, loitering and debris since the
owner acquired the property and stated three of the five are now
occupied since' the last planning commission meeting. He and the
owner are willing to work with staff to mediate the issues which do
not meet Standards and to find a location which best suits the
neighbors. Mr. Banegas also stated that there is a 6-7 ft wall
alongside the property where the gate is proposed so noise from the
gate motor should not be a problem.
In opposition Brian Corder, Virginia Ave. resident — stated that when the homes
were originally built a gate was discussed and the residents were
informed that the development would not be treated as an individual
private location and isolated, but the homes would become part of
the community. Homeowners were assured by the Planning
Commission at that time (approx. ' 10 years ago) that a gate would not
be installed. Mr. Corder also stated that crime wasa result of the
homes,`being empty for years.
Chuck' McCain, Virginia Ave. resident — refuted many of the
property owners needs for a security gate [written letter to
commission]. 'Mr. McCain stated the only trespasser and/or loiters
seen have been the children of the property owner, addressed the
placement of the gate next to neighbors bedroom windows, noise
created by brick pavers at the entrance of the street, expressed
concerns of fire vehicles being able to maneuver on the street and
also reiterated ,previous speakers comment that residents were told
there would not be any type of gate installed when the homes were
first developed.
Paul Tombrello, Virginia Ave. resident.— stated his objection to the
security gate as the gates would divide the community and stated the
criginal developer agreed to no gates if the gates would jeopardize
the project. Mr. Tombrello requested the City Council uphold the
Planning commission decision and deny the appeal.
Rebuttal Al Benegas, responded to issues brought forward. Mr. Benegas
stated ,that the access code to the gate would be provided to any type
of delivery service, including mail service and the fire department
and the code would be provided to family and friends. He also stated
that the speakers refer to the original developer's agreement to no
gates, ;but due; to current day issues of vandalism and theft there is
now a� need for security. Addressed fire lane issues stating the street
leading up to the homes is painted red as a fire lane and the cul-de-
sac is ;large enough for fire vehicles with cars parked on the street,
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City Council Minutes of September 7, 2010 {
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stated the brick pavers can be removed and stated he will work with
tie residents and staff for a solution.
Councilmember Hernandez inquired into the type of technology used
for the gate. Mr. Benegas stated current technology will mitigate any
noise concerns.
Testimony Closed
With no one further wishing to address council Mayor Sanderson
closed the public testimony portion of the hearing.
Council Discussion
Councilmember Hernandez expressed concerns of safety at the site
and stated that activity through the gates would be minimal with only
a couple of the, houses occupied. Stated that other neighborhoods in
the City with a private street and many single family homes have
security gates at their entrance. Hernandez cited the private street of
Gigar Terrace.
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Motion
Motion
by Hernandez to overturn the Planning Commission decision
and allow the vehicular gates.
Mayor Sanderson inquired into the previous comment that the curbs
in the cul-de-sac are painted white.
Councilmember Touhey stated that single family homes in the area
have the ability to install a gate within their easement, which would
create the same backing problems. Expressed concerns regarding the
placement of the gate, would like the brick pavers to be eliminated,
would like entrance to the gate before the front of the homes on
Virginia, opposed visitors having to park in front of homes on
Virginia to access ` gate keypad and supported state of the art
mechanics in the gate.
Second to Motion
Councilmember Touhey offered second to motion with his concerns
being addressed.
Councilmember Hernandez accepted Ithe second with the
conditions of no pavers, best technology to eliminate noise and gate
moved closer to the street.
Councilmember Touhey also requested that any trees
removed from behind the Tombrello's property be replaced to shield
and protect the'home.
Councilmember Lane stated she would uphold the Planning
Commission decision due to traffic issues and the proposed gate does
not comply with the Planning Department Standards.
Mayor Sanderson stated several pros and cons of gates and inquired
as to I whether options of increased lighting, camera or private
security have been looked into. Does not support the current location
of the gate and; concerned with guest parking and turnaround space.
Action
Mayor Sanderson calls for vote for motion to overturn the Planning
Commission decision.
Motion fails by a 2-2 vote. Ayes: Touhey and Hernandez;
Noes: iLane and Sanderson.
Motion by Lane and seconded by Sanderson to uphold the Planning
Commission decision.
Motion failed by a 2-2 vote. Ayes: Lane and Sanderson;
Noes: Touhey and Hernandez.
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City Council Minutes of September 7, 2010?
Motion by Hernandez and seconded by Lane to reopen the public
hearing for thepurpose of continuing the hearing at the next council
meeting scheduled for September 21, 2010.
Motion carried by 4 - 0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Sanderson recessed the City Council meeting at 8:58 p.m. to
convene the CDC. Community Development Commission
adjourned at 8:59 p.m. to convene the Public Financing Authority.
PUBLIC FINANCING AUTHORITY
Mayor Sanderson convened the Public Financing Authority meeting
at 9:00 p.m. The City Council reconvened at 9:01 p.m. with all
members present except Mayor Pro Tern Herfert.
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ADJOURNMENT Motion by Hernandez and seconded by Lane to adjourn the
meeting at 9:02 p.m. in memory of the following
• Mr. Roudebush, West Covina resident
• Alberto Pelez, West Covina resident
• Jack Leara, West Covina resident.
Motion carried -by 4 - 0.
Submitted by:
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Assistant City'Clerk Susan Rush
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Mayor Shelley Sanderson
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