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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. I 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. i 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 2 City Council Minutes of September 7, 2010 i 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. a 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. i 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. i 2. Approve the Weed Abatement Roll .for the calendar year 2010, and adopt the following resolution for the 2010 Weed Abatement Program. i 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. M 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 d 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), 5 City Council Minutes of September 7, 2010 , 1 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 i 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 6 I� i 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. 1 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, 7 1 City Council Minutes of September 7, 2010 { i 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. i 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. i 8 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. i i G 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: n Assistant City'Clerk Susan Rush M Mayor Shelley Sanderson 9