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08-06-2002 - Regular Meeting - MinutesL ] El MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL AUGUST 6, 2002 Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:20 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Reverend John Foye of Christ Fellowship Church gave the invocation and Councilmember Sanderson led the Pledge of Allegiance. ROLL CALL Mayor Touhey, Mayor Pro Tem Herfert, Councilmembers Miller, Sanderson, Wong Others Present: Fields, Alvarez-Glasman, Yauchzee, Hatch, Tompkins, Hoppe, Durbin, Samaniego, Genovese, Anderson, Palkhiwala, Freeland, Heaton, McIsaac, Morgan, Gardner, Hudson, Berry APPROVAL OF MINUTES City Clerk Berry noted a correction made to the minutes of the regular meeting of June 18, 2002. The following minutes were approved as presented, including the correction. Special meeting of June 18, 2002 Regular meeting of June 18, 2002 Special meeting of June 25, 2002 Special meeting of July 2, 2002 (6:45 pm) Regular meeting of July 2, 2002 Special meeting of the City Council/RDA of July 2 (BLD) PROCLAMATION Mayor Pro Tem Herfert proclaimed August 19-24, 2002 as Community Clinic Week and presented the proclamation to Mila Arroyo, Associate Director of East Valley Community Health Center. PRESENTATIONS Sgt. First Class Leoncio Leal presented the City with an American Flag that was flown over Afghanistan on May 5 in an F-16. Larry Crain, President of Charisma Floats, presented the City of West Covina a portrait of the City's entry in the 2002 Tournament of Roses Parade. Larry Carter, Manager of the West Covina American Little League Dodgers, assisted Mayor Pro Tem Herfert in recognizing each member of the team for their Division Championship. Manager Thomas Carrillo of the West Covina Youth Pony Red Team assisted Mayor Pro Tem Herfert with recognizing each member of the team for winning the Shetland World Series Championship. A video of the World Series game followed, showing highlights of the 5 and 6 year -olds winning the title. ORAL COMMUNICATIONS St. James Davis St. James Davis, 616 N. Vincent Avenue, shared some fond memories of Chick Hearn, who recently passed away and will be missed particularly by Los Angeles Lakers basketball fans. He also suggested the City Council agenda be revised to allow two oral communication sections on the agenda. Council Minutes of 8/6/02 0 0 John Lindow John Lindow, 415 N: Lyall, reminded the audience that today is the 57n' anniversary of dropping the H-Bomb on Hiroshima, Japan. He commented on other items as well: remodeling of Food For Less, article in the Tribune regarding the Kids Night -Out city program, and a new restaurant in town "Costas." Lloyd Johnson Lloyd Johnson, 1809 Adams Drive, thanked Council for their work on the parole office issue, encouraged Council to revamp the old supermarket in his neighborhood, and favored the driveway cut- back proposal discussed in Agenda Item M-3. Robert Leitch Robert Leitch, 1816 E. Woodgate Drive, submitted a letter re- garding several issues he had with Code Enforcement and hoped to receive a written response. Emma Fischbeck Emma Fischbeck, 130 S. Barranca Street, #218, pointed out the inequities in trash ratelbin service and charges between multi - tenant facilities (condos, townhouses, apartment complexes), commercial rates, and single-family residents. She explained the rate structure and brought to Council's attention that multi -unit dwellers are being discriminated against. Corey Warshaw Corey Warshaw, 3330 Holt Avenue, suggested the City invite senior citizens, particularly those in the senior housing developments, to attend the Summer Concert Series and provide seating for them. HEARING APPEAL HEARING OF PLANNING COMMISSION'S APPROVAL OF ARCHITECTURAL PLANS FOR FIVE SINGLE-FAMILY HOMES Appeal Hearing Applicant: Great Mountain, L.P. Location: 3146 E. Virginia Avenue Appellants: Charles & Marilyn McCain, Jr. Paul & Shonda Tombrello Mayor Touhey introduced the issue for discussion and City Clerk Berry verified the affidavit of mailing and publication. Mayor Touhey opened the hearing and Planning Director McIsaac presented the staff report. Public Testimony Mayor Touhey asked for comments from individuals in favor of the appeal and the appellants addressed Council: In Favor of Appeal: Paul Tombrello Paul Tombrello, 3136 E. Virginia Avenue, submitted a neighbor- hood petition opposing the development. Charles McCain, Jr. Charles McCain, Jr., 3133 E. Virginia Avenue, distributed the definition of "surrounding residences" as defined in the Tentative Tract Map No. 52956 text and the Municipal Code. A letter was submitted via fax on August 5 by Brian Corder, 3150 Virginia Avenue, had been received by the City Clerk supporting the appeal. In Opposition: Mayor Touhey asked for comments from those opposed to the appeal and the following addressed Council: William Lee William Lee, general partner of the developing company, Great Mountain, discussed the project. Mayor Touhey asked Mr. Lee if he would be willing to hold. over any Council discussion this evening until the next council meeting to give the Mayor a chance to intervene between 2 Council Minutes of 8/6/02 John Shewmaker In Rebuttal: is Charles McCain, Jr. Paul Tombrello the two parties. Once clarification regarding an extension to his application was assured, Mr. Lee concurred on a postponement. John Shewmaker, 1825 Borrego Drive Mayor Touhey asked for rebuttal and the following spoke: Charles McCain, Jr., 3133 E. Virginia Avenue Paul Tombrello, 3136 E. Virginia Avenue Testimony closed Mayor Touhey closed the public testimony portion of the hearing and received further comments from the Planning Director as to an automatic extension being granted to the developer. Motion by Touhey and seconded by Sanderson to hold over this matter until September 3, 2002 to give the Mayor an opportunity to meet with both parties about reaching an agreement that would be satisfactory to both sides. Motion carried 5-0. CONSENT CALENDAR Commissions/Summary of Actions (receive & file) Planning Commission 6/11/02 and 6/26/02 Waste Management & Environmental Quality 7/18/02 Ordinances for Adoption (waive reading & adopt) Ordinance 2086 - ORDINANCE NO. 2086 — AN ORDINANCE OF THE CITY Permanent Make -Up COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO THE REGULA- TION OF "PERMANENT MAKE-UP" (Code Amendment No. 02-01) Ordinance 2087 - ORDINANCE NO. 2087 — AN ORDINANCE OF THE CITY Skate Park Regulations COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 16 OF THE WEST COVINA MUNICIPAL CODE RELATING TO PARKS AND RECREA- TION BY ADDING ARTICLE III ESTABLISHING REGULA- TIONS FOR THE SAFE USE OF SKATE PARK FACULTIES OWNED AND OPERATED BY THE CITY OF WEST COVINA Claims Against the City (deny & notify claimant) On May 15, 2002 the City Clerk's Office received a claim from Timothy Patrick Ritson for personal injuries in the amount of $1,010,000. Claimant is seeking monetary compensation to include out-of-pocket expenses such as bail and attorney's fees as well as mental and emotional distress. On May 15, 2002 the city Clerk's Office received a claim from James Harley Ritson for personal injuries in the amount of $1,010,000. Claimant is seeking monetary compensation to include out-of-pocket expenses such as bail and attorney's fees as well as mental and emotional distress. On May 2, 2002 the City Clerk's office received a claim from Felicia Rae Valdez for wrongful death in the amount of $1,500,000. Claimant is seeking monetary compensation for the loss of love, comfort and support of her deceased finance. 3 Council Mantes of 8/6/02 0 Resolution 2002-89 Approving final map On Mayo 2, 2002 the City Clerk's Office received a claim from Patricia Mary Aguirre for wrongful death in the amount of $1,500,000. Claimant is seeking monetary compensation for the loss of love, comfort and support of her deceased son. On February 2, 2002 and on March 25, 2002 the City Clerk's Office received claims from Lourdes M. Lira for personal injuries. The amounts claimed had not been determined at the time of presentation. Claimant is seeking to recover costs she incurred for medical treatment and monetary compensation for per pain and suffering. Approval of Final Maps Parcel Map No. 25889 Subdivider: City of West Covina and Valencia Heights Water Co. Location: 380 Citrus Street (Maverick Field/Ridge Riders site) Recommendation is to adopt the following resolutions: RESOLUTION NO. 2002-89 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING FINAL MAP OF PARCEL MAP NO. 25889 AND DIRECTING THE RECORDATION THEREOF (City of West Covina and Valencia Heights Water Company) Resolution 2002-90 RESOLUTION NO. 2002-90 — A RESOLUTION OF THE Easement CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT OF EASEMENT IN FAVOR OF VALENCIA HEIGHTS WATER COMPANY SP 02111 - Silvia Construction, Inc. Acceptance of Improvements and/or Release of Bonds Release of performance Guarantee for Precise Plan No. 880R1 Location: 901 W. Service Avenue (mini storage facility) Recommendation is to accept all on -.site and off -site improvements for Precise Plan NO. 880R1 and authorize the release of Certificate of Deposit No. 004/40099435-6 by World Savings Bank in the amount of $139,000. Release of Performance Guarantee for Precise Plan No. 844 Location: Hollenbeck Avenue and Garvey Avenue South Recommendation is to accept all on -site and of -site improvements for Precise Plan No. 884 and authorize the release of cash deposit by Penske Motor Cars in the amount of $51,000 from Account No. 550-240. Minutes of the Traffic Committee (accept and file) Minutes of the regular meeting held July 16, 2002 Award of Bid SP 02111 — Street Rehabilitation Work on Bus Route Streets Recommendation is to take the following actions: 1) Establish Project No. SP 02111. 2) Authorize the transfer of the following funds to SP 02111: 0 Council Minutes of 8/6/02 3) Accept the bid of Silvia Construction, Inc., Rancho Cuca- monga, in the amount of $1,979,340.07 as submitted at the bid opening on July 24, 2002 and authorize the Public Works Director/City Engineer and City Clerk to execute the contract. City Treasurer's Report (receive & file) Report for the month of June 2002 Miscellaneous — Community Services Award of Bid for CDBG Consultant Services CDBG Consultant - Recommendation is to authorize the Community Services Director Castaneda and Associates to enter into a three-year contract with consultant Castaneda and Associates in the amount not to exceed $20,000 per year for the completion of the Action Plan and Consolidated Performance and Evaluation Report and consulting services. Miscellaneous — Police Department Bureau of Justice Grant New BJA Local Law Enforcement Block Grant Recommendation is to take the following actions: 1) Approve the spending breakdown of the new BJA Grant (a total of $115,714, including the match) as follows: • $10,714 into 135-320-2112-5112 for part-time positions for DARE service and background investigations; • $25,000 into 135-320-2112-5113 for special community policing overtime activities; • $20,000 into 135-320-2112-6110 for LEXUS/NEXUS. • $25,000 into 135-320-2112-6270 for CEC action. • $25,000 into 135-320-2112-7160 for public safety equipment, including radios. • $10,000 into 135-320-2112-6050 for supplemental police training and the mandatory BJA grant recipient training. 2) Accept the $104,143 federal grant, and authorize the transfer of $11,571 from 110-320-2110-5113 (Police Department overtime) as the required local cash match to Fund, 135. 3) Authorize the future appropriation of interest earned under this grant. (The interest must, according to grant rules, be spent on these activities by the end of the grant period, or be returned to the federal government.) Miscellaneous — City Manager's Office Payment of San Gabriel Valley Council of Government - FY 2002/2003 Dues Recommendation is to authorize the payment of the San Gabriel Valley Council of Governments (COG) dues in the amount of $29,184 from the following accounts: Membership dues: COG * Transit and Transportation program fee (Prop A. & C.) of $13,092 to be paid out of Account No. 121-320-2440-6120. * Air Quality program fee (AB 2766) of $13,092 to be paid out of Account No. 119-320-2319-6120. * General Fund fees of $3,000 to be paid out of Account No. 110-320-2640-6087. Council Minutes of 8/6/02 is Miscellaneous — Personnel Services Approval of New and Revised Class Specifications Recommendation is to adopt the following resolution: Resolution 2002-91 - RESOLUTION NO. 2002-91 — A RESOLUTION OF THE new & revised class specs CITY COUNCIL OF THE CITY OF WES COVINA, CALI- FORNIA, AMENDING RESOLUTION NO. 7223, RELATING TO CLASSIFICATION AND COMPENSATION OF POSI- TIONS, AS AMENDED; AND APPROVING THE NEW CLASS SPECIFICATIONS FOR ECONOMIC DEVELOPMENT/ HOUS- ING MANAGER; ECONOMIC DEVELOPMENT SPECIALIST; ADMINISTRATIVE TECHNICIAN; DEPUTY CITY CLERK; SOCIAL SERVICES SPECIALIST; AND LIFEGUARD; AND APPROVING REVISIONS TO THE CLASS SPECIFICATIONS FOR COMMUNITY SERVICES COORDINATOR, AND LIFE- GUARD/INSTRUCTOR Public Employees' Retirement System Contract Amendment Recommendation is to introduce the following ordinance to carry out previously expressed Council directions regarding pre - retirement death benefit for surviving spouse of police and fire sworn employees: Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE PERS amendment CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF WEST COVINA CONSENT CALENDAR ACTION Motion by Herfert and seconded by Sanderson to waive further reading of the resolutions/ordinance and to adopt/introduce; and to approve all other items on the Consent Calendar, except Item C-4. Motion carried by roll call vote: AYES: Herfert, Miller, Sanderson, Wong, Touhey NOES: None Item C-4 Councilmembers Sanderson and Wong stated that they would abstain from the discussion and vote on this item, due to conflict of interest laws: Wong owns one share of the Valencia Heights Water Company and Sanderson resides within 300 feet of the project. City Clerk Berry read the titles of Resolution No. 2002-89 and Resolution No. 2002-90. Motion by Herfert and seconded by Miller to waive further reading of the resolutions and adopt. Motion carried 3-0-2 with Sanderson and Wong abstaining (conflict of interest). END OF CONSENT CALENDAR Item L-I held over to 9/3 Mayor Touhey requested Council's concurrence in holding over Agenda Item L-I under Mayor's Reports, Establishment of a Housing Authority JPA, until the next Council meeting. Council concurred. Recess Mayor Touhey called a recess at 9:17 pm. The City Council reconvened at 9:28 pm with all members present. 130 Council Minutes of 8/6/02 0 PUBLIC WORKS MAINTENANCE OPTIONS FOR THE WEST COVINA MUNICIPAL POOL FACILITY AT EDGEWOOD MIDDLE SCHOOL Public Works Director Yauchzee presented the staff report and responded to questions and comments. Motion by Sanderson and seconded by Herfert to direct staff to proceed with Items 1 through 11 totaling $81,930.00: No. Description Amount 1. Remove and replace the front window and roll up door $6,000 2. Install a shade fabric over the remodeled trellis and over the men and women's shower areas 7,000 3. Remodel the staff locker room area 10,000 4. Provide a cosmetic remodel of the existing staff restroom 8,000 5. Install new screening on the fence surrounding the pool and lower the height of the chain link fence 5,000 6. Install, paint, and upgrade signage 2,000 7. Paint shower/locker floors 4,000 8. Minor ADA improvements * 15,000 9. Repair the wiring and underwater light fixtures* 12,000 10. Upgrade the pool heater 6,000 11. Administration, inspection, and contingency (10%) 6,930 TOTAL $81,930 These items may not be entirely completed while the pool is in operation. Other items can be completed this summer. Councilmember Miller suggested the City obtain some standard plans for restrooms, etc., to eliminate the need of creating from scratch such facilities. The foregoing motion carried 5-0. REDEVELOPMENT AGENCY Mayor Touhey recessed the City Council meeting at 9:30 pm to convene the Redevelopment Agency meeting. The City Council reconvened at 9:32 pm with all members present. COMMUNITY SERVICES No reports for this meeting. ENVIRONMENTAL MANAGEMENT No reports for this meeting. PUBLIC SAFETY — COMMUNICATIONS DEPARTMENT PROPOSED LEASE AGREEMENT WITH AT& T Mayor Touhey stated that he would abstain from the discussion and vote on this issue, due to conflict of interest laws. He owns property at 551 E. Vine Avenue, within 300 feet of the subject property. Motion by Herfert and seconded by Sanderson to hold this item until the next meeting. Motion carried 4-0-1 with Touhey abstaining (conflict of interest). CITY MANAGER'S OFFICE DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE Council reviewed the staff report. Motion by Touhey and seconded by Sanderson to designate Councilmember Miller as the voting delegate for the annual conference to be held this year in Long Beach from October 2 through October 5, 2002. Motion carried 5-0. 7 Council Minutes of 8/6/02 MAYOR'S REPORTS ESTABLISHMENT OF A HOUSING AUTHORITY JPA Earlier in the meeting Mayor Touhey gained the concurrence of the City Council to hold this matter over until ,the next Council meeting. • COUNCH,MEMBERS' REPORTS Councilmember Miller — City Council Liaison Meeting Highlights Councilmember Miller elaborated on his report, emphasizing the plans involving the reconstruction of the Alameda Corridor Construction at Valley Boulevard and the railroad tracks. he encouraged citizens to avoid the area during construction because it is going to be very congested. Motion by Miller and seconded by Sanderson to receive and file the informational report. Motion carried 5-0. Councilmember Miller — Cameron Park Community Center/Gymnasium Proposed Gymnasium(s) Councilmember Miller expressed concern that there appears to be two gymnasiums in the plans for West Covina and in his opinion the City can only afford one. One is proposed for Cameron Park and the other is included in the Big League Dreams site plans. He suggested deleting the one gym proposed for Cameron Park, but continue the plans for upgrading the current Cameron Park facility as a community building; and move forward with designating a gym at the BLD site. Motion by Herfert and seconded by Sanderson to receive and file Mr. Miller's suggestion. Councilmember Wong commenced a discussion on the staff report and its attachment concerning the final action relative to Big League Dreams taken at the special meeting of July 6. City Attorney Alvarez-Glasman responded. Councilmember Sanderson stated that it was her understanding that the motion made on the 6u' of July did not include relocating the gym from Cameron Park to the BLD site. Action on the motion to receive and file the staff report was approved 3-1-1 with Miller voting no and Wong abstaining. Councilmember Herfert — Drivewav Cutback Area Councilmember Herfert elaborated on the staff report. Motion by Herfert and seconded by Sanderson to have the Planning Commission to study and recommendation to the City Council. Motion carried 5-0. On another issue, Councilmember Sanderson requested staff to look into the possibility of creating architectural standards for neighborhoods. On another issue, Councilmember Sanderson supported the suggestion made by an earlier speaker to invite the senior citizens to the Summer Concert Series. On another issue, Mayor Touhey requested staff to prepare a staff report regarding the Armed Forces Blue Star Program for the City of West Covina. F Council Minutes of 8/6/02 ADJOURNMENT Motion by Touhey and seconded by Herfert to adjourn the meeting at 9:51 pm. in memory of the following persons: Chick Heam — well-known and respected basketball announcer for the L.A. Lakers. • Thomas Baca — Father of Los Angeles County Sheriff Lee Baca. Donna Hammond — Mother of Monrovia Mayor Pro Tent Robert Hammond. Maria Garcia — Mother of Irwindale Councilmember Manuel Garcia. Motion carried 5-0. May r Michae Touhey Attest: City Clerk Janet Berry E 0