12-20-2011 - RegularCITY OF WEST COVINA
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
TUESDAY DECEMBER 20, 2011, 7:00 PM
REGULAR JOINT MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE
WEST COVINA, CALIFORNIA 91790
Mayor/Chairman Michael Touhey
Mayor Pro Tem/Vice Chairman Sherri Lane
Councilmember/Commissioner Steve Herfert
Councilmember%Commissioner Shelley Sanderson
Councilmember/Commissioner Fredrick Sykes
Please turn off all cell phones and other electronic devices prior to entering the Council Chambers
AMERICANS WITH DISABILITIES ACT
The City complies with the Americans with Disabilities Act (ADA). If you will need special assistance at Council
meetings, please call (626) 939=8433 (voice) or (626) 960-4422 (TTY) from 8 to 5 Monday through Thursday. Do
call at least one day prior to the meeting date to inform us of your particular needs and to determine if
accommodation is possible. For sign language interpreter services at Council meetings, please request no less than
four working days prior to the meeting.
AGENDA MATERIAL
Agenda material ;is available for review at the City Clerk's Office; Room 317 in City Hall, 1444 W. Garvey
Avenue, West Covina and at www.westcovina.org. Any writings or documents regarding any item on this agenda,
not exempt from public disclosure, provided to a majority of the City Council that is distributed less than 72 hours
before the meeting, will be made available for public inspection in the City Clerk's Office, Room 317 of City Hall
located at 1444 W. Garvey Avenue, West Covina, during normal business hours.
NOTICE
The City Council/community Development Commission will regularly convene in joint session on the first and
third Tuesday of the month. The West Covina Public Financing Authority and The West Covina Community
Services Foundation are agencies on which the City Council serves as members. Agendas may contain items for
these boards, as necessary.
PUBLIC COMMENTS
ADDRESSING THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
(Per WCMC 2-48, Ordinance No. 2150)
Any person wishing to address the City Council/Community Development Commission on any matter listed on
the agenda or on any other matter Within their jurisdiction should complete a speaker card that is provided at the
entrance to the Council Chambers and submit the card to the City Clerk/Secretary.
Please identify on the speaker card whether you are speaking on an agenda item or non -agenda. Requests to
speak on agenda items will be heard prior to requests to speak on non -agenda items. All comments are
limited to five (5) minutes per speaker.
Oral Communications may be limited to thirty (30) minutes, unless speakers addressing agenda items have
not concluded.
Any testimony or comments regarding a matter set for a Public Hearing will be heard during the hearing.
RULES OF DECORUM
Excerpts from the West Covina Municipal Code and Penal Code pertaining to the Rules of Decorum will ne
found at the end of the agenda. I CERTIFY THAT A COPY OF TJiE COUNCIL AGENDA FOR
THE MEETING OF ►Xf / WAS POSTED IN
ACCORDANCE,, WITH E 01187 BROWN ACT AMENDMENT
DATED: fa�" //
OFFICE OF THE CITY CLERK
Tuesday December 20, 2011
AGENDA
CITY OF WEST COVINA
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
TUESDAY DECEMBER 20, 2011, 7:00 PM
REGULAR JOINT MEETING
INVOCATION
Andrew Pasmant
City Manager
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
CHANGES TO THE AGENDA
PRESENTATIONS
Certificate of Recognition
Adrian Williams, General Manager
Big League Dreams 2007 - 2011
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Please step forward `to the podium and state your name and city of residence for the record when recognized by the
Mayor.
CONSENT CALENDAR - City Council/CDC
All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call
vote. There will be no separate discussion of these items unless members of the City Council/Community
Development Commission request specific items to be removed from the Consent Calendar for separate discussion or
action.
APPROVAL OF MEETING MINUTES' (receive & file)
1) Special Joint City Council/CDC Meeting Minutes of December 6, 2011
Regular Joint City Council/CDC Meeting Minutes of December 6, 2011
Special City Council Meeting Minutes of December 12, 2011
COMMISSION `SUMMARY OF ACTIONS (receive & file)
2) Community Services Commission - July 12, 2011
3) Senior Citizens Commission - June 23, 2011 & August 25, 2011
4) Planning Commission - December 13, 2011
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Agenda material is available at www.westcovina.org
Tuesday December 20, 2011
CLAIMS AGAINST THE CITY
5) Government Tort Claim Denial (deny & notify claimant)
It is recommended that the City Council deny the following Government Tort Claims
and the claimants and/or their respective attorneys be so notified.
Antonio Valdez vs. City of West Covina
Jack Peters vs. City of West Covina
Jose Calzadias vs. City of West Covina
Joe Garrido vs. City of West Covina
Dominga Casunuran vs. City of West Covina
Howard Castillo vs. City of West Covina
Farmers Insurance Group/Pablo Aspiazu vs. City of West Covina
AWARD OF BID
6) Award of Bid for the Traffic Signal Improvements at Cameron Avenue and Garvey
Avenue North Intersection -
Project No. TP-09503 and Federal Project HSIPL-5259(019)
It is recommended that the City Council accept the bid of Traffic Development Service,
Inc. in the amount of $176,205.00 as submitted at the bid opening on November 15, 2011
and authorize the Public Works Director/City Engineer and City Clerk to execute a
contract with Traffic Development Service, Inc., to perform the work.
7) Award of Bid for Construction of Bus Stop Pads, Curb and Gutter Repair,
Sidewalk Repair, and the Upgrade of Wheelchair Ramps
(Project Nos. SP-12101, SP-12102, SP-12103, and SP-12104)
It is recommended that the City Council accept the bid of Gentry Brothers, Inc. of
Irwindale in the amount of $291,330.00 as submitted at the bid opening on November 29,
2011 and authorize the Public Works Director/City Engineer and City Clerk to execute an
agreement with Gentry Brothers, Inc. for the work to be done.
TRAFFIC COMMITTEE MEETING MINUTES (accept & file)
8) Meeting of November 15, 2011 (accept & file)
L Request:
City Initiated
That a multi -way stop sign be installed at the intersection of Durness Street and Conlon
Avenue.
Traffic Committee Recommendation:
That stop signs (R1) be installed along with stop messages and stop ahead signs (W 17)
on the west and eastbound approaches of Durness Street at Conlon Avenue based on the
multi -way stop warrant for intersections adjacent to schools and for intersections on "safe
routes to schools."
II. Request:
Jean Foresta, West Covina Resident
That no parking on street sweeping days be implemented on Coral Tree Drive from
Cameron Avenue to end of street every Wednesday of each month from 7:00 a.m. to
3:30 p.m.
Agenda material is available at wwmwestcovina.org
Tuesday December 20, 2011
Traffic Committee Recommendation:
That no parking on street sweeping days be implemented on Coral Tree Drive from
Cameron Avenue to end of street every Wednesday of each month from 7:00 a.m. to
3:30 p.m.
III. Request:
Mrs. Giordano, West Covina Resident
That no parking on street sweeping days be implemented on Pioneer Drive from Phillips
Avenue to end of street every Wednesday 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 Pioneer Drive from Phillips
Avenue to end of street every Wednesday of each month from 7:00 a.m. to 3:30 p.m.
IV. Request:
Robert Marcus, West Covina Resident
That no parking on street sweeping days be implemented on Acridge Drive from Grand
Avenue to end of street every Wednesday 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 Acridge Drive from Grand
Avenue to end of street every Wednesday of each month from 7:00 a.m. to 3:30 ;p.m.
V. Request:
Willie Vogel, West Covina Resident
That no parking on Street Sweeping Days be implemented on Portner Street from
Susanna Avenue to Holly Place every Monday 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 Portner Street from
Susanna Avenue to Holly Place every Monday of each month from 7:00 a.m. to 3:30
p.m.
CITY MANAGER'S OFFICE - Miscellaneous
9) Professional Services Rate Adjustments
It is recommended that the City Council authorize professional service rate adjustments
and contract amendments for Liebert, Cassidy, Whitmore and Alvarez-Glasman &
Colvin, as outlined in the staff report to be effective January 1, 2012.
10) Post Retirement Employment Agreement - City Manager
It is recommended that the City Council accept City Manager Andrew Pasmant's letter of
retirement and approve a post -retirement employment agreement with Mr. Pasmant to
serve as the City Manager for a period not to exceed one calendar year.
FINANCE DEPARTMENT - Miscellaneous
11) Annual Report for the Year Ended June 30, 2011
It is recommended that the Community Development Commission receive and file this
report.
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Agenda material is available at www.westcovina.org
Tuesday December 20, 2011
HUMAN RESOURCES - Miscellaneous
12) Providing for Paying and Reporting the Value of Employer ,Paid Member
Contributions to the California Public Employees' Retirement System
It is recommended that the City Council adopt the following =resolution related to paying
and reporting the value of employer paid member contributions to the California Public
Employees' Retirement System (CalPERS):
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, REGARDING PAYING AND
REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS TO
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
13) Tax Deferral of Member Paid Contributions to the California Public Employees'
Retirement System
It is recommended that the City Council adopt the following resolution to tax defer
member paid contributions to the California Public Employees' Retirement System
(Ca1PERS);
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, TO TAX DEFER MEMBER PAID
CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM
14) Employer Paid Member Contributions to the California Public Employees'
Retirement System
It is recommended that the City Council adopt the following resolution related to
employer paid member contributions to' the California Public Employees' Retirement
System (Ca1PERS):
RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, REGARDING EMPLOYER PAID
MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM
PLANNING DEPARTMENT - Miscellaneous
15) Consideration of a Moratorium on the Development of 74 Vacant Properties in the
South Hills Subdivision to Study Development Standards
It is recommended that the City Council direct staff to schedule the consideration of a
moratorium at the meeting of January 17, 2012 on the development of vacant lots in the
South Hills area.
PUBLIC WORKS - Miscellaneous
16) BKK Landfill Site Status Report
It is recommended that the City Council receive and file this report.
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Agenda material is available at www.westcovina.org
Tuesday December 20, 2011
POLICE DEPARTMENT - Miscellaneous
17) 2011-2012 OTS Sobriety Checkpoint Mini -Grant
It is recommended that the City Council accept the Sobriety Checkpoint grant from the
State Office of Traffic Safety (OTS) and appropriate the $11,039.36 grant as follows:
- $10,069.36 into 207.31.3121.5113 (sobriety checkpoint overtime)
- $597 into 207.31.3121.5151 (overtime Worker's Comp benefit)
- $146 into 207.31.3121.5155 (overtime Medicare benefit)
- $10 into 207.31.3121.5156 (overtime unemployment insurance benefit)
- $217 into 207.31.3121.6220 (police checkpoint supplies)
ACTION ON CONSENT CALENDAR
Motion by second by
to approve all items listed on the Consent Calendar as ;presented
except:
ROLL CALL: Herfert, Lane, Sanderson, Sykes, Touhey
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR DISCUSSION OR
SEPARATE ACTION
END OF CONSENT CALENDAR
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Agenda material is available at www.weskovina.org
Tuesday December 20, 2011
HEARINGS
APPEAL HEARINGS
18) Generat Plan Amendment No.11-01
Zone Change No. 11-01
Appeal of Precise Plan No. 11-04
Appeal of Tree Removal Permit No. 11-04
Appeal of Variance No. 11-08
Appeal of Tentative Tract Map No. 71595
Negative Declaration of Environmental Impact
Location: 1607 West Covina Parkway (Southeast corner of West Covina Parkway
and West Garvey Avenue South - Civic Center)
Applicant: Peichin Lee (CGM Development, Inc.)
The project consists of the development of a 2.69-acre site with a 55,674 square foot,
four-story medical office building. On November 22, 2011, the Planning Commission
denied Precise Plan No. 11-04, Tree Removal Permit No. 11-04, Variance No. 11-08 and
Tentative Tract Map No. 71595. Subsequently, the applicant has filed an appeal to the
City Council.
a) Verification of publication
b) Open hearing
c) Staff presentation
d) Public testimony
e) Close hearing
f) Council discussion
g) Recommendation: Staff recommends that the City Council adopt the following
resolutions:
1) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING OF THE
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL
PLAN AMENDMENT NO. 11-01, ZONE CHANGE NO. 11-01, PRECISE PLAN NO.
11-04, TREE REMOVAL PERMIT NO. 11-04, VARIANCE NO. 11-08, AND
TENTATIVE TRACT MAP NO. 71595, PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED
2) RESOLUTION NO. - A RESOLUTION'OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT NO. 11-01
3) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE
DECISION OF THE PLANNING COMMISSION AND APPROVING PRECISE
PLAN NO. 11-04 AND TREE REMOVAL PERMIT NO. 11-04
4) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL
OF, THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE
DECISION OF THE PLANNING COMMISSION AND APPROVING VARIANCE
NO. 11-08
5) RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, OVERTURNING THE
DECISION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE
TRACT MAP NO. 71595
Motion by second by to
adopt disapprove hold over
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Agenda material is available at www.westcovina.org
Tuesday December 20, 2011
Staff further recommends that the City Council introduce the following ordinance:
6) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, APPROVING ZONE CHANGE NO. I 1 -0 1
Motion by
second by
introduce disapprove hold over
ROLL CALL: Herfert, Lane, Sanderson, Sykes, Touhey
DEPARTMENTAL REGULAR MATTERS
COMMUNITY DEVELOPMENT COMMISSION
19) Disposition and Development Agreement with CGM Development, Inc.
It is recommended that the City Council approve the Disposition and Development
Agreement ("DDA") with CGM Development, Inc. ("CGM") and authorize the City
Manager, or his designee, to execute all agreements necessary to implement the
medical/professional office development project.
Motion by
approve
second by
disapprove hold over
MAYOR/COUNCILMEMBER/COMMISSIONER REPORTS
No reports for this meeting.
AB1234 Conference and Meeting Report (verbal, if any)
(In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any
meeting/event/conference attended at City expense.)
(Per City of West Covina Standing Rules 4.f - Requests for reports, studies, or investigations that are not readily
available must be placed on the City Council/Community Development Commission agenda as items of business and
must be approved by a majority of the City Council/Community Development Commission.)
Request from Mayor Michael Touhey
20) Request from Mayor Michael Touhey Requesting the City Council to Instruct City
Staff to Prepare a Report on the Costs to Provide Video Webcasts of City Council
Meetings
It is recommended that the City Council direct staff accordingly.
Motion by second by -
to
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION COMMENTS
ADJOURNMENT
Next Tentative City Council/CDC Meeting
Regular Meeting - CC and CDC 01/17/2012 7:00 PM
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Agenda material is available at www.westcovina.org
Tuesday December 20, 2011
RULES OF DECORUM
The following are excerpts from the West Covina Municipal Code:
Sec. 2-48. Manner of addressing council; time limit; persons addressing maybe sworn.
(a) Each person addressing the council shall step up to the rostrum, shall give his or her name and city of
residence in an audible tone of voice for the record and unless further time is granted by the council, shall
limit his or her address to five (5) minutes.
(b) The city council may establish a limit on the duration of oral communications.
(c) All remarks shall be addressed to the council as a body and not to any member thereof. No person, other
than the council and the person having the floor, shall be permitted to enter into any discussion, either
directly or through a member of the council, without the permission of the presiding officer. No question
shall be asked of a councilmember except through the presiding officer.
(d) The presiding officer may require any person to be sworn as a witness before addressing the council on any
subject. Any such person who, having taken an oath that he or she will testify truthfully, willfully and
contrary to such oath states as true any material matter which he knows to be false may be held to answer
criminally and subject to the penalty prescribed for perjury by the provisions of the Penal Code of the state.
Sec. 2-50. Decorum --Required.
(a) While the council is in session, the members must preserve order and decorum, and a member shall neither,
by conversation or otherwise, delay or interrupt the proceedings or the peace of the council nor disturb any
member while speaking or refuse to obey the orders of the council or its presiding officer, except as
otherwise herein provided.
(b) Any person making personal, impertinent or slanderous remarks or who shall become boisterous while
addressing the %council shall be forthwith, by the presiding officer, barred from further audience before the
council, unless permission to continue be granted by a majority vote of the council.
Sec. 2-52. Persons authorized to be within council area.
No person, except city officials, their representatives and members of the news media shall be permitted within
the rail in front of the council chamber without the express consent of the council.
The following are excerpts from the Penal Code
148(a) (1) Every Person who willfully resists, delays, or obstructs any public officer, peace officer, or an
emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health
and Safety code, in the discharge or attempt to discharge any duty of his or her office or employment,
when no `other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars
($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and
imprisonment.
403 Every person who, without authority of law, willfully disturbs or breaks^up any assembly or meeting that
is not unlawful in its character, other than an assembly or meeting referred to in Section 303 of the Penal
Code or Section 18340 of the Elections Code, is guilty of a misdemeanor.
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Agenda material is available at www.westcovina.org