09-17-2002 - Regular Meeting - Minutes•
MINUTES
REGULAR MEETING
WEST COVINA CITY COUNCIL
SEPTEMBER 17, 2002
Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:19 pm in the
City Hall Council Chambers, 1444 West Garvey Avenue, West Covina. Pastor Dawn Jackson of Faith
Community Church gave the invocation and Councilmember Sanderson led the Pledge of Allegiance.
ROLL CALL Mayor Touhey, Mayor Pro Tern Herfert, Councilmembers Miller,
Sanderson (left at 10:11 pm), Wong
Others Present: Pasmant, Alvarez-Glasman, Fields, Chung, Tompkins, Yauchzee,
Lake, Durbin, Greene, McIsaac, Villegas, Lee, Hatch, Samaniego,
Anderson, Wills, Tedesco, Genovese, Morgan, Heaton, Hoppe,
Lake, Semblantes, Berry
APPROVAL OF MINUTES The following minutes were approved as presented:
Adjourned special meeting of July 6, 2002
Regular meeting of September 3, 2002
PROCLAMATIONS Mayor Touhey proclaimed the month of October as Domestic
Violence Month and presented the proclamation to Lucy Dang,
Community Outreach Coordinator for YWCA -Wings.
PRESENTATIONS Mayor Touhey presented Harold Blackard of Blackard's Towing a
Certificate of Recognition for fifty-seven years of service to the
City, starting in 1945.
ORAL COMMUNICATIONS
With the assistance of Angelica Garcia of L.A. Works, Mayor
Touhey, recognized students Victor Romero, Ruby Toribio and
Michael Escarzara, recipients of a two -week residential college
prep program. Mayor Touhey presented a $325.50 check to Ms.
Garcia to pay for the scholarships for the students and Mayor
Touhey stated that his company would match that amount.
Mayor Touhey recognized Ms Veronica Diaz with a Certificate of
Recognition for painting murals for the West Covina Bruins.
Retired Battalion Chief Jim Schieldge related his experience in
representing West Covina at the memorial services for the victims
of the World Trade Center terrorist attack held at Ground Zero on
September 11, 2002.
Herb Redholtz Herb Redholtz, 2622 Altamira Drive, commented on the apparent
• repair and renovation of the Amar/Azusa commercial site and
urged interested residents to attend the upcoming Planning
Commission meeting to provide input.
John Lindow John Lindow, 415 Lyall, reported on a recent reunion of the World
War II Pearl Harbor veterans and distributed pictures for Council
to review.
Council Minutes of 9/17/02
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Corey Warshaw Corey Warshaw, 3330 E. Holt Avenue, stated that it was time the
City Council took action to rectify the inequities of the trash rates
for condominiums and apartments. He supported the position on
this matter taken by Emma Fischbeck in previous meetings, He
also discussed the level of service provided by Athens in relation
to the rates it charges. If the City makes the rates compatible with
commercial rate/services provided by Athens, it shouldn't feel
compelled to make up the difference as proposed by Athens.
HEARING GENERAL PLAN AMENDMENT NO. 02-02
ZONE CHANGE NO. 02-03, AND THE NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT
Applicant: Comstock Homes
Location: North side of Holt Ave., west of Grand Avenue
Comstock Homes Mayor Touhey introduced the hearing matter and City Clerk Berry
verified the affidavits of mailing and publication. Mayor Touhey
opened the hearing and Planning Director McIsaac presented the
staff report.
Public Testimonv Mayor Touhey opened the public testimony portion of the hearing
and asked for comments in favor of the project. The following
addressed Council:
In Favor: Brad Porter, developer of the project, discussed the project
Brad Porter Corey Warshaw, 3330 E. Holt Avenue, property owner
Corey Warshaw across the street from the potential development, spoke favorably
of the development.
Miren Fonseca Miren Fonseca, 3228 E. Holt Avenue, agreed with previous
speaker. She expressed a concern for her autistic son and left her
request with the City Clerk to distribute to the City Council.
Lidia Eslinger Lidia Eslinger, 3230 E. Oak Knoll Drive, spoke of past
actions regarding this piece of property. She favored this particular
project as an appropriate development.
George Najera George Najera, 3314 E. Oak Knoll Drive, felt this was the
best project to come to the City of West Covina. It would cut down
on the speeders traveling on Holt Avenue.
In Opposition: Mayor Touhey asked for comments in opposition to the project and
the following addressed Council
Susan Perry Susan Perry, Senior Vice President and Partner of Kosmont
Partners, spoke on behalf of her client Louis Brutocao, the property
owner of adjacent 2-acre site between the proposed project and
Grand Avenue. She requested a continuation.
In Rebuttal: Mayor Touhey asked for comments in rebuttal and Mr. Brad Porter
Brad Porter responded to the comments offered by Ms. Perry.
Testimony closed Mayor Touhey closed the public testimony portion of the hearing
and commenced Council discussion. Planning Director McIsaac
responded to questions and comments posed by the City Council.
City Attorney responded to the applicability of the EIR to this
project.
Jack McGregor of McGregor and Associates, the developer's
engineer, discussed their plan for abating the current drainage
problem.
Although it appeared that the adjoining property owner, Louis
Brutocao, and the developer for Comstock Homes were too far
apart in their financial negotiations to develop the whole site into
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Council Minutes of 9/17/02
•
one project, Council was hopeful that perhaps an agreement would
be reached in time between the two to permit that to happen.
City Clerk presented:
Resolution 2002-96 RESOLUTION NO. 2002-96 — A RESOLUTION OF THE
Certifying Neg. Dec. CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, CERTIFYING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMEND-
MENT .NO. 02-02, ZONE CHANGE NO. 02-03, TENTATIVE
TRACT MAP NO. 53821, PRECISE PLAN NO. 02-04, TREE
REMOVAL PERMIT NO. 02-02, AND ADMINISTRATIVE USE
PERMIT NO. 02-08, PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED
Resolution 2002-97 RESOLUTION NO. 2002-97 — A RESOLUTION OF THE
Approving Gen. Plan CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING GENERAL PLAN AMENDMENT NO.
02-02 (Comstock Homes)
Motion by Herfert and seconded by Sanderson to waive
further reading of the resolutions and adopt. Motion carried 5-0.
City Clerk presented:
Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE
CHANGE NO. 02-03 (Comstock Homes)
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, Wong, Touhey
NOES: None
RECESS Mayor Touhey called a recess at 9:00 pm. The City Council
meeting reconvened at 9:10 pm with all members present.
REDEVELOPMENT AGENCY Mayor Touhey called to order the Redevelopment Agency at 9:10
pm. The City Council meeting reconvened at 10:11 pm.
Councilmember Sanderson left the meeting at 10:11 pm.
CONSENT CALENDAR Commissions/Summary of Actions (receive & file)
Planning Commission 8/13/02 and 8/21/02
Award of Bid — TP 03505
Uninterrupted Power Supply for Traffic Signals
TP 03505 - Recommendation is to take the following actions:
US Traffic Corporation 1) Appropriate the amount of $80,000 from unappropriated
General Fund Reserves to account number 110-320-3356-
7800.
2) Authorize participation in the California Energy
Commission's Battery Backup Program for Light Emitting
Diode Traffic Signals program and authorize the Public
Works Director/City Engineer to secure up to $119,104 in
that program's funds.
3) After removing from the scope of work those intersections
that do not qualify for matching State funding, accept the
bid of US Traffic Corporation in the amount of
$251,104.00 as submitted at the bid opening on June 11,
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Council Minutes of 9/17/02
2002, and authorize the Public Works Director/City
Engineer and City Clerk to execute an agreement with US
Traffic Corporation of Santa Fe Springs, California, for the
work to be done.
Resolution 2002-98 4) Adopt the following resolution:
Grant for traffic signal battery RESOLUTION NO. 2002-98 — A RESOLUTION OF THE
• CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, AUTHORIZING THE STATE ENERGY
RESOURCES CONSERVATION AND DEVELOPMENT
COMMISSION (ENERGY COMMISSION) TO PRO-
VIDE A GRANT TO THE CITY, COUNTY OR CITY,
AND COUNTY GOVERNMENTS FOR BATTERY
BACKUP SYSTEMS FOR TRAFFIC SIGNALS
Miscellaneous — Redevelopment Agency
State Home Funds Application — 2002
Resolution 2002-99 Recommendation is to adopt the following resolution:
Grant application RESOLUTION NO. 2002-99 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA AUTHOR-
IZING THE SUBMITTAL OF AN APPLICATION TO THE
CALIFORNIA STATE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE
HOME INVESTMENT PARTNERSHIPS PROGRAM, AND
THE EXECUTION OF A STANDARD AGREEMENT IF SE-
LECTED FOR SUCH FUNDING AND ANY AMENDMENTS
THERETO; AND ANY RELATED DOCUMENTS NECES-
SARY TO PARTICIPATE IN THE HOME INVESTMENT
PARTNERSHIPS PROGRAM
Miscellaneous — Environmental Management
BKK Landfill Closure Plans Monthly Status Report
Recommendation is to receive and file the status report.
Miscellaneous — City Clerk's Office
Biennial Review of the City's Conflict of Interest Code
Conflict of Interest Code Recommendation is to approve the 2002 amended Conflict of
Interest Code.
Miscellaneous — Public Works
Sale of City property Recommendation is to take the following actions:
at 815 California Ave. 1. Approve the sale of a portion of the California Avenue
property to Suburban Water Systems of $138,600.
2. Approve the purchase of the Cortez property from
Suburban Water Systems for $14,385.
3. Authorize the Mayor and City Clerk to execute the Sales
Agreement with Suburban Water Systems.
4. Appropriate $32,000 from the sales proceeds to renovate
the Maintenance Division warehouse to relocate City
records.
Tentative Tract No. 53821 —Comstock Homes
Holt Avenue Reduction of Travel Way
Tentative Tract 53821 Recommendation is to approve the deviation and advise Comstock
Homes to deposit an in -lieu fee of $125,000 with the City to be
used for future improvements on Holt Avenue.
California Building Code and the California fire Code Ordinance
Recommendation is to take the following actions:
Ordinance introduced - 1) Introduce the following ordinance:
Adopting codes by reference AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING CHAPTER 7,
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Council Minutes of 9/17/02
ARTICLES 11; III, IV, V, VI, VII, IX, XIII, XV, XVI, CHAPTER
10, ARTICLE II OF THE MUNICIPAL CODE RELATING TO
THE ADOPTION OF THE CALIFORNIA BUILDING
STANDARDS CODE AND THE 2001 EDITIONS OF THE
CALIFORNIA BUILDING CODE AND CALIFORNIA FIRE
CODE, 1997 UNIFORM CODE FOR THE ABATEMENT OF
. DANGEROUS BUILDINGS, 1997 UNIFORM HOUSING CODE,
2001 CALIFORNIA MECHANICAL CODE, 2001 CALIFORNIA
PLUMBING CODE, 2000 UNIFORM SIGN CODE, 2000
UNIFORM SOLAR ENERGY CODE, AND THE 2001 EDITION
OF THE CALIFORNIA ELECTRICAL CODE
2) Set October 1, 2002, as the date for a Public Hearing
concerning the adoption of the California Building and Fire Codes
cited above.
Miscellaneous — Police Department
On -Going West Covina Service Group Equipment Costs
WCSG Recommendation is to authorize the appropriation of $100,000
Account No. 375-320-2141-7160 from available West Covina
Service Group revenue (the fund balance of Fund 375).
Miscellaneous — Community Services
Application for Recreational Trails Program (RTP)
Recommendation is to adopt the following resolutions:
Resolution 2002-100 RESOLUTION NO. 2002-100 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA APPROVING
THE APPLICATION FOR GRANT FUNDS FROM THE
RECREATIONAL TRAILS PROGRAM FOR THE BIG
LEAGUE DREAMS TRAIL PROJECT ($225,000)
Resolution 2002-101 RESOLUTION NO. 2002-101 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA APPROVING
THE APPLICATION FOR GRANT FUNDS FROM THE
RECREATIONAL TRAILS PROGRAM FOR THE HERITAGE
GARDEN TRAIL PROJECT ($125,000)
Approval of Request to Serve Alcohol at a
Weddins Reception at the Senior Center
Recommendation is to authorize the Macias Family of West
Covina to serve champagne, beer and wine at the wedding
reception on October 19, 2002 at the West Covina Senior Center.
Applications for Habitat Conservation Fund Grant Program
Recommendation is to adopt the following resolutions:
Resolution 2002-102 RESOLUTION NO. 2002-102 — A RESOLUTION OF THE CITY
Galster Park COUNCIL OF THE CITY OF WEST COVINA APPROVING
THE APPLICATION FOR GRANT FUNDS FOR THE
HABITAT CONSERVATION FUND PROGRAM OF THE
CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 FOR
THE GALSTER NATURE PROGRAM ($25,000)
Resolution 2002-103 RESOLUTION NO. 2002-103 — A RESOLUTION OF THE CITY
Heritage Garden COUNCIL OF THE CITY OF WEST COVINA APPROVING
• THE APPLICATION FOR GRANT FUNDS FOR THE
HABITAT CONSERVATION FUND PROGRAM OF THE
CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 FOR
THE HERITAGE GARDEN PROJECT ($175,000)
Resolution 2002-104 RESOLUTION NO. 2002-104 — A RESOLUTION OF THE CITY
Big League Dreams COUNCIL OF THE CITY OF WEST COVINA APPROVING
THE APPLICATION FOR GRANT FUNDS FOR THE
C
Council Minutes of 9/17/02
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E
HABITAT CONSERVATION FUND PROGRAM OF THE
CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 FOR
THE BIG LEAGUE DREAMS PROJECT ($200,000)
CONSENT CALENDAR ACTION Motion by Miller and seconded by Herfert to waive further reading
of the resolutions/ordinance and adopt/introduce, respectively, and
to approve all other items listed on the Consent Calendar, except:
C-3d, C-3f, C-3h, C-3i, C-3k. Motion carried by roll call vote:
AYES: Herfert, Miller, Wong, Touhey
NOES: None
ABSENT: Sanderson
Item C-3d Relative to Consent Calendar Item C-3d (Biennial Review of the
City's Conflict of Interest Code), Councilmember Wong
requested a determination form the City Attorney as to whether or
not the City Council could impose the broadest reporting
obligations on commissioners as those required of Council -
members.
Motion by Wong and seconded by Miller to hold over this
matter to receive further information as to Council's prerogative in
imposing full disclosure requirements on Commissioners. Motion
carried 4-0-1 with Sanderson absent.
Item C-317 Relative to Consent Calendar Item C-3f (Tentative Tract No.
53821 — Comstock Homes), Councilmember Miller asked about
the history of the bridge on Holt Avenue and its structural life.
City Engineer Yauchzee responded.
Brad Porter, developer of Comstock Homes, discussed the
reasons for their requested deviation.
Motion by Miller and seconded by Herfert to approve the
staff recommendation. Motion carried 4-0-1 with Sanderson
absent.
Item C-3h Relative to Consent Calendar Item C-3h (On -Going West Covina
Service Group Equipment Costs), motion by Herfert and
seconded by Miller to hold over this matter. Motion carried 4-0-1
with Sanderson absent.
Item C-3i Relative to Consent Calendar Item C-3i (Applications for Recre-
ational Trails Program), Councilmember Wong asked about the
location of the proposed equestrian trails adjacent to the Big
League Dreams site and the maintenance responsibility of the
trails. Community Services Director Hatch and City Manager
Pasmant responded.
. Motion by Herfert and seconded by Miller to approve the
staff recommendation to adopt the two proposed resolutions.
Motion carried 4-0-1 with Sanderson absent.
Item C-3k Relative to Consent Calendar Item C-3k (Applications for
Habitat Conservation Fund Grant Program), Councilmember
Wong asked questions regarding the maintenance of the gnat -
catchers' habitat. Community Services Director noted the broad
discretion towards the use of the funds.
Councilmember Herfert commended staff for applying for
grants whenever possible and that the number of grants being
applied for has greatly increased since City Manager Pasmant has
come to West Covina.
Motion by Wong and seconded by Herfert to approve the
staff recommendation to adopt the three proposed resolutions.
Motion carried 4-0-1 with Sanderson absent.
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Council Minutes of 9/17/02
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PLANNING DEPARTMENT
ADMINISTRATIVE SERVICES
COMMUNITY SERVICES
No reports for this meeting.
No reports for this meeting.
No reports for this meeting.
ENVIRONMENTAL MANAGEMENT No reports for this meeting.
PUBLIC SAFETY
CITY MANAGER'S OFFICE
No reports for this meeting.
No reports for this meeting.
MAYOR'S REPORTS Appointment of City Council Representative to
Contract Cities Association
Council reviewed the staff report.
Motion by Wong and seconded by Touhey to hold over this
item until the next Council meeting. Motion carried 4-0.
COUNCILMEMBERS' REPORTS
Councilmember Miller —
City Council Liaison Meeting Highlights
Councilmember Miller reported on the key points.
Motion by Miller and seconded by Herfert to receive and
file the informational report. Motion carried 4-0.
Councilmember Herfert —
Traffic Signal at Hollenbeck and Cameron
Councilmember Herfert stated that the intersection of Hollenbeck
and Cameron Avenues has experienced a number of accidents and
he asked the City Engineer to provide related information in the
next weekly report.
Mayor Touhey reported on the excellent memorial services at Faith
Community Church in memory of the September 11, 2001 World
Trade Center victims. The church raised $5000 for each agency:
West Covina Police Department, West Covina Fire Department,
and Covina Police Department.
ADJOURNMENT Motion by Touhey and seconded by Herfert to adjourn the meeting
at 10:47 pm in memory of Pat Mandeson, a recent retiree from the
West Covina Police Department who passed away earlier this
morning. Motion carried 4-0.
Attest:
City Clerk Janet Bert
A�' � ri-"tw
Mayor Michael Touhey