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04-05-2011 - Regular Meeting - MinutesMINUTES REGULAR JOINT MEETING OF THE WEST COVINA CITY COUNCIL WEST COVINA COMMUNITY DEVELOPMENT COMMISSION April 5, 2011 Mayor/Chairman Herfert called to order the regular joint meeting of the West Covina City Council and Community Development Commission at 7:11 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 Tern Touhey ROLL CALL Mayor/Chairman Herfert, Mayor Pro Tem/Vice Chair Touhey Councilmembers/Commissioners Armbrust, Lane, Sanderson REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: Prior to convening into closed session, all items on the Joint City Council/CDC agenda were announced for inclusion in the closed session discussion. All members were present with the exception of Councilmember/Commissioner Sanderson who was not present for any discussed items. Items on the agenda: Conference with Labor Negotiators — Employee Organizations: W.C. Police Officers' Association, W.C. Police Management Association, W. C. Firefighters Association, I.A. F. F., Local 3226, W.C. Firefighters Management Association, Confidential Employees, Maintenance & Craft Employees, Non - Sworn Safety Support Employees, General Employees, Mid - Management Employees; Miscellaneous Unrepresented Management Employees: Assistant City Clerk, Assistant City Manager, Community Development Dir., Community Services Dir., Deputy City Manager, Finance Director, Fire Chief, Dir. Human Resources, Planning Director, Police Chief, Public Works Dir/City Engineer, Dir. Risk Management —A briefing was provided to the City Council on this matter with no action taken and nothing further to report. Conference with Real Property Negotiators — Property: 1420 South Willow Avenue — The Community Development Commission received a briefing from Agency staff with no further action and nothing further to report. CHANGES TO THE AGENDA None PRESENTATIONS Mayor Herfert presented Geneva Nixon of West Covina Beautiful a Proclamation designating April 23, 2011 as Arbor Day in West Covina. Mayor Herfert called forward Community Services Director Michele McNeill who announced the upcoming Community Unity Day scheduled for April 16, 2011 City Council/CDC Minutes of April 5, 2011 ORAL COMMUNICATIONS Lloyd Johnson Lloyd Johnson, West Covina resident, requested to know how much revenue the City has received from cell towers. Wen Wen Zhang Wen Wen Zhang, West Covina Librarian, announced National Library Week during April 10 — April 16; presented Library statistics on visitors and use by patrons. Irene Fleck Irene Fleck, West Covina Friends of the Library, announced upcoming Library events. George Ogden George Ogden, West Covina resident, addressed the misconceptions being circulated of his being a reporter and commissioner as a conflict of interest; addressed misstatements being circulated related to cell towers. CONSENT CALENDAR Approval of Meeting Minutes (receive & file) 1) Minutes Special City Council Minutes of April 5, 2011 Regular Joint City Council/CDC Minutes of April 5, 2011 Commission Summary of Actions (receive & file) 2) Summary of Actions Planning Commission — 03/22/11 Claims Against the City of West Covina 3) Government Tort Claim Denials (deny & notify claimant) Claims Recommendation is that the following Government Tort Claims be denied and the claimants and/or their respective attorneys be so notified. Rose Velasquez vs. City of West Covina Kenneth Hyonjin Pak vs. City of West Covina Victor Dial vs. City of West Covina Fire Insurance Exchange/Jeffrey Graham vs. City of West Covina Susan Williams vs. City of West Covina Treasurer's Report (receive and file) 4) City Treasurer's Report Report for the Month of February 2011 5) CDC Treasurer's Report Report for the Month of February 2011 Fire Department — Miscellaneous 6) Purchase of VHF Portable Radios Utilizing Grant Funds Purchase of VHF Radios Recommendation is that the City Council waive the formal contract procedure and approve the purchase of thirty-four (34) XTS5000 VHF Portable Radios and five (5) XTL5000 VHF Mobile Radios from Motorola, Inc. at a cost of $109,224.92 including sales tax, per Los Angeles County Contract No. 43070. Public Works — Miscellaneous Landscape Maintenance District No. 4 7) Preliminary Approval of Engineer's Report MD 4 — Engineer's Report Recommendation is that the City Council adopt the following resolution: Resolution No. 2011-19 RESOLUTION NO. 2011-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 7, 2011 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMENCING IN FISCAL YEAR 2011-2012 TO FUND THE OPERATION AND Pj- City Council/CDC Minutes of April 5, 2011 MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT Landscape Maintenance District No. 6 8) Preliminary Approval of Engineer's Report MD 6 — Engineer's Report Recommendation is that the City Council adopt the following resolution: Resolution No. 2011-20 RESOLUTION NO. 2011-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 7, 2011 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENCING IN FISCAL YEAR 2011-2012 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT Landscape Maintenance District No. 7 9) Preliminaa Approval of Engineer's Report MD 7 — Engineer's Report Recommendation is that the City Council adopt the following resolution: Resolution No.2011-21 RESOLUTION NO. 2011-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 7, 2011 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN FISCAL YEAR 2011-2012 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Lane to approve all items on the Consent Calendar as presented. Motion carried by 5 — 0. HEARINGS Public Hearing Code Amendment No. 09-02 Temporary Signs Applicant: City of West Covina 10) Location: Citywide Temporary Signs Mayor Herfert announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Herfert then proceeded to open the hearing and Acting Planning Director Jeff Anderson reported that the Planning Commission initiated a code amendment on June 9, 2009 to update the sign ordinance to reflect new temporary signs available on the market and to review existing standards. He stated that the goal of the sign ordinance is to provide a balance between the quality of life for residents and business owners' advertising needs. Mr. Anderson reviewed the recommended changes. Mayor Herfert stated that one written communication was received from Joanne Wilner and inquired into her concern of the enforcement procedure if there is a violation of the ordinance. Public Works Director Yauchzee explained the enforcement process utilized by the Community Enhancement Division 3 City Council/CDC Minutes of April 5, 2011 Open Testimony Mayor Herfert opened the public testimony portion of the hearing and called for public comments. Close testimony There being no one wishing to address Council, Mayor Herfert closed the public testimony portion of the meeting. Council discussion Mayor Pro Tern Touhey stated he would not support the amendment. He expressed concerns with provisions placed upon flags and flagpoles and concerns with prohibiting wall mounted signs, specifically if a business does not have windows. Mayor Herfert clarified that the flagpole restrictions are currently in place and Anderson stated that the flagpole provisions are being moved from the temporary sign section to the permanent sign section. Assistant City Clerk Rush presented the following AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO TEMPORARY SIGNS Motion Motion by Herfert to introduce. Motion dies for a lack of second. Code will stand as is with no amendments. CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION COMMENTS ADJOURNMENT Submitted by: istaitCty, erk Susan Rush Mayor Pro Tern Touhey addressed comments brought forth by George Ogden regarding misstatements that he owns stock in cell towers. Motion by Herfert and seconded by Touhey to adjourn at 8:00 p.m. in memory of the following: • Ken Chappell, long time resident and former Councilmember and Mayor • Nia Lopez, 19 year old West Covina resident • Pat Pantaleo, long time resident. Motion carried by 5 — 0. Mayor Steve rfert 0