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asmant announced that the appellant has withdrawn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would still be pending even though the appeal has been withdrawn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