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09-21-2010 - Regular Meeting - MinutesMINUITES REGULAR ME WEST COVINA rING OF THE ITY COUNCIL 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 Terri Herfert ROLL CALL Mayor Sandersi n, Mayor Pro Tern Herfert, Councilmembers Lane, Touhey Absent: Councilmember Hernandez 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 his request for Planning Coh 1010, Applica E. Merced A elaborate on th Item E-1 Appeal Hearii Conditional D Clearwire, Loc asmant announced that the appellant has withdrawn in appeal of Item E-1— Appeal Hearing, Appeal of mission Approval of Conditional Use Permit No. ,t. Mike Blackwell for Clearwire, Location: 1030 venue and asked the Deputy City Attorney to details. Appeal of Planning Commission Approval of Permit No. 1010, Applicant: Mike. Blackwell for ion: 1030 E. Merced Avenue Deputy City �ttorney:Matt Gorman informed the Council that the appellant wh� filed an appeal of the Planning Commission decision; indiLted his intention to withdraw the appeal, which ordinarily wot Id dispose of the appeal. HoweN er, under the City's Municipal Code, the matter would still be pending even though the appeal has been withdrawn and the Coun it would still need to take action on this item. The options open o the Council would be to refer the matter back to the Planning ommission for further action as recommended by staff, or, thelCity Council could entertain the scheduled public hearing and t#e further action on the matter. Counc.1member Touhey recused himself from any further discussion du to a conflict of interest due to a cell tower on his family's prop rty 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. City Council Minutes of September 21, 2010 PRESENTATIONS Mayor Sand( Proclamation Week. ORAL COMMUNICATIONS presented Fire Chief Paul Segalla with a ing October 3 — 9, 2010 as Fire Prevention 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 Sykesl West Covina resident, addressed continual graffiti issues at Gianc School; cell tower installations throughout the city and suggested a moratorium of cell towers in order to revisit guidelines. Mayor Sanderlon inquired as to whether the City has jurisdiction to eradicate graEffiti on school property. Councilmembe'r 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 ouncil meeting, during discussion of the appeal of the Planning commission decision to deny the property owner on Great Mountai Drive security gates, a councilmember was texting during the discussion, appeared disinterested but was quick to bring the matt r 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 regardi g fines assessed by the FPPC upon the Political Action Com1ttee he was active in and admitted they did make mistakes. Lloyd Johnson Lloyd Johnson, West Covina resident, thanked staff members Chris Freelanc#, Michelle McNeill, and Shannon Yauchzee for their efforts to find i location for the Veterans' Memorial wall. Glenn Kennedy Glenn Kenney, West Covina resident, addressed the proposed memorial wa l; graffiti issues brought forward by an earlier speaker. I Council discussion Mayor Pro Z em 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 remi ve 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. 2 City Council Minutes of September 21, 2010 ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS C-1 Appeal Hearin) 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 Rusi 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 Tern 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, 010 council meeting and pointed out the details of the Planning ommission's review of the project on July 13 and July 27, 2010. On July 27, 2010, the Planning Commission voted to deny the req est citing the area was no different from other cul- de-sacs, that t (e gates could create hazards with backing and were close to neigh oring homes. The applicant has submitted revised plans proposin an alternative location for the gates. Given the revisions to th initial proposal, Planning Department and Public Works Depa ent staff support the revised proposal as the proposed secu ity gate complies with all of the Security Gate Standards. Ac ing Director Anderson also stated that alternatively, the City Coun it could refer the Planning Director's Modification back to the lapping Commission for their review, since the revised plan h d not been presented to them. Public Testimony Mayor Sander on then proceeded to open the public comment portion of the Baring 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 re ommendation. Opposed Paul Tombrel o, West Covina resident, urged that it be referred back to the PI nning Commission for their review to ensure that all issues are add essed. Chuck McCai , West Covina resident, spoke in opposition to the placement of t e gate and changes to the landscape. Rebuttal Al Banegas st Led in rebuttal that the gate is for security purposes, not to be sh wy; 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 CommurIications appear to be related to this matter and those comments and documents submitted ate considered part of the record of this proceeding. [Oral Communication comments by Chuck McCain] Mayor S fairness regarding requested clarification of a statement made about City Attorney Gorman addressed the statement Lions that a councilmember at the last meeting may R1 City Council Minutes of September 21, 2010 Closed Testimony Council discussion Motion CONSENT CALENDAR D-1 Summary of Actions D-2 Claims D-3 Plaza Drive Improvements have an appear property owner. weight for purp councilmember However, the a the record. Deputy Mayor Sanders( it is a separate i on it. There being closed the of Mayor Pro Te record of the 2010. .ice,of bias due to receiving contributions by the Gorman recommended that this does not have any ses of the Council's decision tonight because the s not present and will not factor into the decision. egation has been made and will be preserved for ity Attorney Gorman responded to comment by i regarding the contribution made and stated that atter and it would not be appropriate to comment one else wishing to comment, Mayor Sanderson comment portion of the hearing. Herfert stated he received and reviewed the audio stimony from the hearing held on September 7, Acting Planning Director Anderson responded to further questions by council regarding safety, impact to parking, and necessity of the security gate. Mayor �anderson stated she would support the project to return to the Planning Department or would support no gates. Motion by Her ert 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). Councilmemb Touhey requested that future city policies for standards and equirements for private enterprise should also apply to city prope Mayor Pro T m Herfert requested that Item D-5 West Covina Veterans' Memorial be pulled for separate discussion to review a photo of the pr posed memorial. ` Commission ummary of Actions (receive & file) Planning 08/24/10, 09/14/10 Claims Again4 the City of West Covina Recommendad )n is that the following Government Tort Claims be denied and tht claimants and/or their respective attorneys be so notified. • Roy R. Po 1 vs. City of West Covina • Ismael Lo tok vs. City of West Covina • . Ralph Ran irez vs. City of West Covina • Safeco Insurance/Eleanor J. Bury vs. City of West Covina • Helen Anirea"Martinez vs. City of West Covina • Gary Williams vs. City of West Covina Award of Bid Award of Bid for Plaza Drive Street 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. . E City Council Minutes of September 21, 2010 . D-4 Conflict of Interest Code Update Miscellaneous City Clerk's Office Conflict of Interest Code Biennial Ur 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 I THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE FOR THE CITY OF WES 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 H the Consent Covina Vete, Item D-5 Motion PUBLIC HEARINGS E-1 Monocross Cell Tower E-2 CDBG Action Plan 2011 Council discussion West Covina V Community Se background of proposed wall. t and seconded by Touhey to approve all items on endar as recommended except Item D-5 West 'Memorial. Motion carried by 4 — 0. Ins' Memorial - ts Director Michelle McNeill provided a brief proposed memorial and reviewed a photo of the Glenn Kenney and George Odgen responded to questions regarding don I rs and veterans' information to be placed on the wall. Motion by T uhey and seconded by Herfert to approve the tentative desi n and location of the West Covina Veterans' Memorialin te Civic Center Courtyard. Motion carried by 4 — 0. Appeal Heari g Appeal of Pla ing Commission Approval of Conditional U e Permit No. 10-10 Appellant: Sayeed H. Arastru Applicant: Mike Blackwell for Clearwire This item was discussed earlier in the meeting under Changes to the Agenda. Public Heari g Amendments jo the FY 2010-2011 Community Development Mayor Sanderson announced the hearing matter and Assistant City Clerk ' Rush �erified that proper legal notice had been given. Mayor Sande son 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. Mayor Pro Tein Herfert inquired about the size of the storage room at the Senior Center and the condition of the current bridge at Cortez Park. 5 City Council Minutes of September 21, 2010 Open Testimony Close Testimony Motion E-3 Weed Abatement explanation of not have the in Public regarding the 1 the condition similar to Heri longer. than wo ty Services Director McNeill gave a brief need for a larger storage room and stated she did oration on size but would provide them later. orks Director Yauchzee responded to questions dge stating it was in need of replacement due to the wood and would be replaced by materials �e Park so that it will be low maintenance and last Mayor Sanderson proceeded to open the public comment portion of the hearing and called for comments. There being no one wishing to address council, Mayor Sanderson closed the public comment portion of the hearing. Motion by T uhey and seconded by Lane to approve the Amendments td the FY 2010-2011 CDBG Action Plan as follows: Proposed 1. Police Department — Vii 2. Senior Meals Program 3. YWCA of SGV - Meals 4. Action Food Pantry 5. YWCA of SGV — Senioi 6. Youth Assistance Progra 7. Assistance league of Co` 8. Volunteers of America - 9. Cory's Kitchen 10. ESGV Coalition for the 11. Center for Aging Resot 12. Careship 13. Street Rehabilitation 14. Curb and Gutter Replac 15. Street Barrier Removal; 16. Park Barrier Removals 17. Senior Center Improve 18. Cortez Park — Replace Total to FY 2010-2011 CDBG Action Plan tim Advocate on Wheels Citizens Assistance n ina Valley WCCSC Homeless Activity Budizet $20,140 $60,000 $ 6,000 $14,750 $19,600 $ 4,000 $ 2,000 $11,000 $12,000 $13,750 $10,000 $25,000 $350,000 $30,000 $270,000 $30,000 — Construct Storage Room $60,000 ;e for Shelter Accessibility 30 000 $968,240 carried by 4 — 0. Protest Heari g Weed Abatem. nt 2010 —Various Locations Citywide Mayor Sanderson announced the protest hearing matter and Assistant City Clerk Rush verified the Affidavit of Mailing and that proper lepl 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. 6 City Council Minutes of September 21, 2010 inquired why t] for abatement a Fire Pr( these propertie public hearing problems that v Mayor parcel is being protests or obj been received. Lember Touhey and Mayor Pro Tem Herfert matter is being heard if the properties presented currently in compliance. ention Specialist Briley and staff explained that were not previously in compliance when this was notice and the properties have recurrent 11 most likely require abatement within the year. -o Tem Herfert requested that the amount each sessed also be included on the abatement roll. City Clerk Rush confirmed that no written tions against .performing the proposed work had Open Testimony Mayor Sanderson proceeded to open the public comment portion of the hearing a,nd called for public comments or objections. Norman Richond, West Covina resident, addressed several properties on the abatement roll, including his own property in which weeds h�ve already been removed and stated that one of the property owners listed has been deceased for many years. Closed Testimony There being 'o one else wishing to address Council, Mayor Sanderson closd the public comment portion of the hearing. Councilmemb r Touhey stated he would not support this item due to the property owners being in compliance and abatement should be conducted o properties not in compliance. City M nager Pasmant requested the item be continued to the next meeti g to further review. Deputy City Attorney Gorman suggested the hearing be reopened to av id having to re -notice the hearing. Mayor anderson reopened the hearing to allow for future testimony and iscussion. Discus ion ensued regarding the abatement process. Motion Motion by He fert and seconded by Lane to continue the hearing to the next meeti g to look into the abatement process for properties that are on th roll but that are in compliance and others that are not in compli nce but are not on the roll and ensure that current property owne information is accurate. Motion} carried by 3 1 (Touhey — No). . COUNCILMEMBER REQUESTS FOR REP04TS, STUDIES OR INVESTIGATIONS I-1 Councilmem er Roger Hernandez Proposition 23 Request from Councilmember Roger Hernandez Requesting the City Council.to Instruct City Staff to Prepare a Report to Take a Position on Proposition 23 Motion by T uhey and seconded by Sanderson to bring back a report on this tem to the next meeting. Motion carried by 4 — 0. Councilmember Roger Hernandez I-2 Request from Councilmember Roger Hernandez Requesting the Labor Dispute - Nurses at City Council �o Instruct City Staff to Prepare a Report for the City Citrus Valley Council to Take a Position on the Labor Dispute between the Nurses and Administration at Citrus Valley Health Partners This item wasf held over to the next meeting. 7 City Council Minutes of September 21, 2010 COUNCILMEMBER COMMENTS ADJOURNMENT Sub red by: - Assistant,Ci,Clerk Susan Rush the next Motion by ToL 8:53 p.m. in m, • Jamie . time re; • Don Gr Motion carried Touhey requested Proposition 22 be agendized for as a council request. and seconded by Lane to adjourn the meeting at -Y of izo, daughter of Charlene Brownwood, long - past commissioner. 4-0. Shelley Sanderson 3