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07-16-2002 - Regular Meeting - Minutes• MINUTES REGULAR MEETING WEST COVINA CITY COUNCIL JULY 16, 2002 Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:09 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Reverend John Foye of Christ Fellowship Church gave the invocation and George Carl led the Pledge of Allegiance. ROLL CALL Mayor Touhey, Mayor Pro Tern Herfert, Councilmembers Miller, and -Sanderson Absent: Councilmember Wong Others Present: Pasmant, Alvarez-Glasman, Simpson, Tompkins, Bachman, Durbin, Freeland, Yauchzee, Tedesco, Anderson, Semblantes, Chung, Morgan, Smilowitz, Wills, Johnson, Hatch, Fields, Berry PRESENTATIONS Mayor Touhey presented a Certificate of Recognition to George Carl on reaching his 90s' birthday on May 29, 2002. Mayor Touhey presented a Certificate of Appreciation to Malcolm Eaton, former Head Football Coach at West Covina High School, for his services to the students and athletes at the school. Mr. Eaton announced an upcoming reunion for the athletes scheduled for August 17 at Pacific Palms. Mayor Touhey recognized the Fourth of July Event volunteers and City staff for putting on the best celebration ever. John Hughes of the Elks and the West Covina Muscular Dystrophy Association Chairman read a prepared statement in which he thanked everyone for making thefundraiser for the MDA this 4h of July the best ever. Mayor Touhey introduced the members- of Cold Duck, a very popular band that plays every year at one of the City's Summer Concert Series on Thursday evenings. With the assistance of manager Mark Booth, Mayor Touhey presented certificates of recognition to each member of the Pacific Coast Little League Mariners for winning the Minor League Division Championship. ORAL COMMUNICATIONS Lollie Bergman Lollie Bergman, 847 Wescove Place, thanked Council for not cutting School Resource Officers from the budget as they make a very positive impact on the students. Wayne Heieck Wayne Heieck, 1313 S. Sunkist Avenue, commented on Council - member Miller's letter to the editor regarding his position in not supporting longevity pay for police officers. John Scheuplein John Scheuplein, 1800 Aroma Drive, #247, thanked everyone involved with the Big League Dreams project, as he believed it to be very good for the City. Cookie Nance Cookie Nance, 1236 W. Eckerman, thanked the City for the "No Parking" signs on her street and the street sweeping services. Council Minutes of 7/16/02 Herb Redholtz Herb Redholtz, 2622 Altamira Drive, congratulated to Council - members Herfert, Sanderson, and Mayor Touhey for being con- sistent in supporting and voting for the Big League Dreams project. He referred to a November 22, 2001 Tribune article in which Councilmember Miller voted in favor of moving forward • with the BLD project and asked why the change in vote. He suggested that the Grubb/Ellis property sign be removed from the BKK landfill property site and replace it with a "Coming Soon — BLD" sign. John Shewmaker John Shewmaker, 1825 Borrego Street, read a prepared statement regarding the July 5's Saturday meeting which ran for eight hours. Cliff Kuehn Cliff Keuhn, 921 E. Merced Avenue, requested the City Council to review the Municipal Code and permit Internet cafes. Ron Cerecedes Ron Cerecedes, 16816 E. Francisquito, Valinda, complained about alcohol use at Orangewood Little League on closing day cere- monies. St. James Davis St. James Davis, 616 N. Vincent Avenue, noticed that the signs cautioning drivers that Vincent Avenue is undergoing construction have been vandalized with graffiti. He hoped Council would look into under -grounding utility lines. Councilmember Miller responded to the comments offered earlier by Mr. Heieck, clarifying his decision -making process as a Councilmember and his retirement from the City. Councilmember Sanderson requested staff to look into the situation concerning the drinking at Orangewood Park and the graffiti on City signs. Additionally, she noted the City Council's support for School Resource Officers and any questions regarding that program should be directed to the City Manager who is in contact with the school district superintendents. RDA Called to Order Mayor Touhey called to order the Redevelopment Agency at 8:16 pm for the purpose of conducting the following joint public hearing. HEARING JOINT PUBLIC HEARING NEW ELEPHANT BAR RESTAURANT AND PACIFIC WESTERN NATIONAL BANK BUILDING Elephant Bar Mayor Touhey stated that the matter set for public hearing is a proposed Disposition and Development Agreement by and between the West Covina Redevelopment Agency and Grinstein Trust, the Evelyn G. Light Trust, and Gayle S. Prince. City Clerk Berry verified the affidavit of publication and Mayor Touhey opened the joint public hearing. Redevelopment Agency Project Coordinator Simpson presented the staff report. Victor Allison, Elephant Bar Restaurants, Vice President of . Facilities and Construction, described the family restaurant chain and the company's enthusiasm for this project. Jason Cam, representing the owner and developer, explained the. reason for revamping the current site's building into the Elephant Bar. Public Testimony Mayor Touhey opened the public testimony portion of the hearing and asked for comments from the audience. The following spoke: 2 Council Minutes of 7/16/02 Lollie Bergman Lollie Bergman, 847 Wescove Place, asked about the construction time frame and felt this to be a very positive project for the City. There being no others wishing to address Council, Mayor Touhey Testimony closed closed the public testimony portion of the hearing. • The City Council supported the project; however, Council did express concern about this project adding to the current traffic congestion on Vincent Avenue. City Council Action: City Clerk Berry presented: Resolution 2002-84 RESOLUTION NO. 2002-84 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, CONSENT TO THE EXECUTION OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND GRINSTEIN TRUST, THE EVELYN G. LIGHT TRUST, AND GAYLE S. PRINCE AND MAKE CERTAIN FINDINGS IN CONNECTION THEREWITH Motion by Herfert and seconded by Sanderson to waive further reading of the resolution and adopt. Motion carried 4-0. Redevelopment AQencv Action Resolution 561 RESOLUTION NO. 561 — A RESOLUTION OF THE Approving DDA REDEVELOPMENT AGENCY OF THE CITY OF WEST CO- VINA APPROVING AND AUTHORIZING THE EXECUTION OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY AND GRINSTEIN TRUST, THE EVELYN G. LIGHT TRUST, AND GAYLE S. PRINCE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH Motion by Herfert and seconded by Sanderson to waive further reading of the resolution and adopt. Motion carried 4-0. RDA Adjourned The Redevelopment Agency meeting was adjourned at 8:36 pm at which time Mayor Touhey continued with the remainder of the City Council agenda. HEARING WEST COVINA AUTO PLAZA BUSINESS IMPROVE- MENT DISTRICT — FY 2002/03 ANNUAL REPORT AND ASSESSMENT Auto Plaza District Mayor Touhey stated that the City Council would consider confirming the Annual Report for the West Covina Auto Plaza Business Improvement District Area for fiscal year 2002/03. City Clerk Berry verified the affidavit of publication and Mayor Touhey opened the hearing. Administrative Analyst Semblantes presented the staff report. Public Testimonv City Clerk Berry stated that no written communications had been received and Mayor Touhey asked for verbal comments from the none audience. No one addressed the City Council and Mayor Touhey • Testimony closed closed the public testimony portion of the hearing. City Clerk Berry presented: Resolution 2002-85 RESOLUTION NO. 2002-85 — A RESOLUTION OF THE Annual Report accepted CITY COUNCIL OF THE CITY OF WEST COVINA CON- FIRMING THE ANNUAL REPORT FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 2002/03 3 Council Minutes of 7/16/02 Motion by Herfert and seconded by Sanderson to waive further reading of the resolution and adopt. Motion carried 4-0. HEARING APPEAL OF VARIANCE NO. 02-03 & NO. 02-04 (CLIP - Variances (Hassen Imports) PINGER CHEVROLET/OLDSMOBILE AND HUMMER) • Applicant: Hassen Imports Partnership Location: 1900 and 1932 E. Garvey Avenue South Appellant: John C. Shewmaker Mayor Touhey explained that on June 11, 2002 the Planning Commission approved two variances to build two pylon signs at existing auto dealerships in excess of the maximum allowable heights and size for such sings. These approvals were subse- quently appealed to the City Council. City Clerk Berry verified the affidavits of publication and mailing, and Mayor Touhey opened the appeal hearing. Planning Director McIsaac presented the staff report. Public Testimonv Mayor Touhey opened the public testimony portion of the hearing and asked for comments favoring the appeal. The following addressed Council: In Favor of Appeal: John Shewmaker John Shewmaker, 1825 Borrego Drive, appellant, elaborated on his letter of appeal. Herb Redholtz Herb Redholtz, 2622 Altamira Drive, noted his support for the appeal because of the precedence the variances would set in the community. Royal Brown Royal Brown, 2153 Aroma Drive, favored the current sign ordinance, which prohibits the variances as requested. In Opposition of the Appeal: Ziad Alhassen Ziad Alhassen, applicant and owner, presented slides of the locations in support of his reasons for requesting the variances. Corey Warshaw Corey Warshaw, 3330 Holt Avenue, stated his support for the variances has to do with freeway visibility. Wayne Heieck Wayne Heieck, 1313 S. Sunkist Avenue, noted large signs for other auto malls that are very successful. Lollie Bergman Lollie Bergman, 847 Wescove Place, noted the visual distractions from the freeway has to do with the number of trees and poles in the immediate area — as depicted on the applicant's slides. In Rebuttal: John Shewmaker John Shewmaker, appellant, commented on the statements and pictures presented by the applicant and reiterated his request to Council to uphold his appeal. Testimony closed Mayor Touhey closed the public testimony portion of the hearing is to commence Council discussion. Councilmember Sanderson asked if adjacent dealerships had taken issue with the proposed variances. Planning Director McIsaac responded in the negative. Ms. Sanderson noted the need for the signs to be seen from the freeway and the possible resulting increases in revenues to the City. C Council Minutes of 7/16/02 Councilmember Miller felt the elevation issue was valid and supported the height variance and suggested that the City, under the contract with Cal Trans, take steps to remove the trees. He explained why he could not support the increase in sign size variance. Mayor Touhey stated he would support the variances as requested for the hopeful increase in revenues. City Clerk Berry presented: Resolution 2002-86 RESOLUTION NO. 2002-86 — A RESOLUTION OF THE Height Variance CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING VARIANCE NO. 02-03 ON APPEAL OF PLANNING COMMISSION ACTION Motion by Herfert and seconded by Sanderson to waive further reading of the resolution. Motion carried 4-0. Resolution 2002-87 RESOLUTION NO. 2002-87 - A RESOLUTION OF THE Sign Size Variance CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING VARIANCE NO. 02-04 ON APPEAL OF PLANNING COMMISSION ACTION Motion by Herfert and seconded by Sanderson to waive further reading of the resolution. Motion carried 3-1 with Miller voting no. HEARING CODE AMENDMENT NO. 02-01 PERMANENT MAKE-UP — GENERAL EXEMPTION Permanent Make -Up Mayor Touhey explained that this hearing addresses the establish- ment of regulations allowing barber and beauty shops to, provide permanent make-up application (also known as cosmetic micro - pigmentation) as an ancillary service. City Clerk Berry verified the affidavit of publication and Mayor Touhey opened the hearing. City Manager Pasmant stated that Planning Director McIsaac would present the staff report if requested by Council or respond to any questions. Mayor Touhey stated that no speaker cards were submitted for this item. Public Testimony Mayor Touhey opened the public testimony portion of the hearing and asked for verbal comments. No one addressed the City Council and Mayor Touhey closed the public testimony portion of Testimony closed the hearing. City Clerk Berry presented: Ordinance introduced 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 THE REGULATION OF "PERMANENT MAKE- UP" (Code Amendment No. 02-01) Motion by Herfert and seconded by Sanderson to waive further reading of the ordinance and introduce. Motion carried by roll call vote: AYES: Herfert, Miller, Sanderson, Touhey NOES: None ABSENT: Wong CONSENT CALENDAR Commissions/Summaries of Action (receive & file) Community Services 6/11/02 Personnel 5/8/02 Senior Citizens 6/13/02 5 Council Minutes of 7/16/02 • • Resolution 2002-88 Police Retiree Benefit Municipal Pool repairs Mt. SAC — WCCT 56 Miscellaneous — Personnel Services Change to Public Employees Retirement System Retiree Health Benefit Contribution — Police Safety Employees Recommendation is to adopt the following resolution: RESOLUTION NO. 2002-88 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AMENDING RESOLUTION NO. 2000-42, FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT Miscellaneous — Public Works CIP and Building Activity Report — Second Quarter 2002 Recommendation is to receive and file. Exterior Maintenance of the West Covina Municipal Pool Facility Recommendation is to approve items one through four (in the $40,250. the maintenance improvement staff report) in the amount of Miscellaneous — City Manager's Office Contract with Mt. San Antonio College for Operation of WCCT Channel 56 Recommendation is to take the following actions: * Authorize payment of $69,000 to Mt. SAC from the Community Information Acct. No. 110-320-2632-6120 as reimbursement for Mt. SAC's operation of WCCT Channel 56 for the period August 1, 2002 through July 31, 2003; and * Authorize the City manger to execute an agreement with Mt. SAC for the operation of WCCT Channel 56 for the period August 1,2002 through July 31, 2003. Discover West Covina Discover West Covina Recommendation is to take the following actions: * Accept the proposal submitted by China Times and authorize payment in the amount of $26,798 for the printing of "Discover West Covina." * Authorize the payment of $51,000 to the United States Postal Service for postage expenses for "Discover West Covina." Miscellaneous — Community Services Skate Park Ordinance Introduction Skate Park ordinance Recommendation is to introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 16 OF THE WES COVINA MUNICIPAL CODE RELATING TO PARKS AND RECREATION BY ADDING ARTICLE III ESTABLISHING REGULATIONS FOR THE SAFE USE OF SKATE PARK FACILITIES OWNED AND OPERATED BY THE CITY OF WEST COVINA Miscellaneous — Environmental Management BKK Status Report Recommendation is to receive and file the status report. CONSENT CALENDAR ACTION Motion by Herfert and seconded by Sanderson to waive further reading of the resolutions/ordinance and adopt/introduce; and to approve all other items except Items C-2c and C-2d. Motion carried by roll call vote: 3 Council Minutes of 7/16/02 • 11 AYES: Herfert, Miller, Sanderson, Touhey NOES: None ABSENT: Wong Item C-2c In reference to Item C-2c (Exterior maintenance at municipal pool), Mayor Touhey presented a list of maintenance and upgrade issues that he would like to have staff obtain some estimated costs. Council discussion followed. City Manager Pasmant elaborated on the staff report, suggesting that the City Council include a $14,000 pool cover. Motion by Herfert and seconded by Sanderson to approve the staff recommendations, including the pool cover, and have staff provide cost estimates for the trellis options and the other items submitted by Mayor Touhey. Motion carried 4-0. Item C-2d In reference to Item C-2d (Contract with Mt. SAC for WCCT Channel 56), Assistant City Manager Fields presented the staff report. John Scheuplein John Scheuplein, 1800 Aroma Drive, #247, suggested Council support Option No. 1 which would be to enter into a one-year agreement with Mt. SAC to operate WCCT Channel 56 from 8/l/02 to 7/31/03 at a cost of $69,000. He also suggested opening the second channel. Royal Brown Royal Brown, 2153 Aroma Drive, felt the underlying problem is the lack of a franchise agreement with Charter Communications. He suggested the City Council enter into a month -by -month agreement. PUBLIC WORKS PLANNING DEPARTMENT In response to a question posed by Councilmember Miller, Assistant City Manager Fields stated that Charter Communications is not interested in taking over Mt. SAC's operation. Motion by Sanderson and seconded by Miller to approve the staff recommendation. Motion carried 4-0. END OF CONSENT CALENDAR No reports for this meeting. No reports for this meeting. ADMINISTRATIVE SERVICES No reports for this meeting. REDEVELOPMENT AGENCY COMMUNITY SERVICES The RDA convened earlier in the meeting. No reports for this meeting. ENVIRONMENTAL MANAGEMENT No reports for this meeting. PUBLIC SAFETY No reports for this meeting. GENERAL ADMINISTRATION No reports for this meeting. MAYOR'S REPORTS Establishment of South Side Ad Hoc Committee Mayor Touhey explained that he was interested in starting a South Side Coordinating Committee to be modeled somewhat after the ADA Committee, functioning out of the City Manager's Office. Anyone interested in joining is invited. 7 Council Minutes of 7/16102 Herb Redholtz Herb Redholtz, 2126 Altamira Drive, stated his interest in being included on it. Mayor Touhey acknowledged Mr. Redholtz as the first member. He also gave credit to Mr. Don Best for approaching him with the idea of the committee. • COUNCILMEMBERS' REPORTS Councilmember Miller reported on state legislature activities: SB 910 regarding cities' Housing Elements. The League of California Cities is opposing this bill. Secondly, AB 680 would require cities in the Sacramento area would share in sales tax generated in that area. If this passes, it would give the state an opportunity to then say where sales tax goes. Mr. Miller also spoke on a proposal from the State Water Control Board to establish a TMDL (total maximum daily load) for certain components of run-off into the storm drains. He suggested a letter from the Mayor expressing the City's concern. Motion by Herfert and seconded by Sanderson to add this subject matter to the agenda, finding that it came up after the posting of the agenda and there is an immediate need to take action. Motion carried 4-0. Motion by Miller and seconded by Herfert to have the Mayor send a letter to the California Water Control Board. Motion carried 4-0. On another matter, Councilmember Miller requested that the following be agendized for the next meeting as a follow-up to the actions taken regarding Big League Dreams: Locating a gym- nasium at Cameron Park versus locating it at the BLD site. The issue is whether the City is having one gym or two because the plans for the BLD site included a gym. ADJOURNMENT Motion by Herfert and seconded by Sanderson to adjourn the meeting at 10:22 pm. Motion carried 4-0. Attest: r City Clerk Janet Berry • May r Michael Touhey H