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10-01-2002 - Regular Meeting - Minutes• MINUTES REGULAR MEETING WEST COVINA CITY COUNCIL OCTOBER 1, 2002 Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:40 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Pasmant gave the invocation and Mayor Pro Tem Herfert led the Pledge of Allegiance. ROLL CALL Mayor Touhey, Mayor Pro Tem Herfert, and Councilmembers: Miller, Sanderson, Wong Others Present: Pasmant, Alvarez-Glasman, Freeland, Durbin, Hoppe, Yauchzee, Anderson, Bachman, Wills, Tompkins, Hatch, Genovese, Tedesco, Greene, Chung, Berry PROCLAMATIONS Mayor Touhey proclaimed the week of October 7-11 as Ride - share Week and presented the proclamation to Environmental Management Director Samaniego. Mayor Touhey proclaimed the week of October 6-12 as Fire Prevention Week and presented the proclamation to Fire Chief Greene and Assistant Fire Chief Genovese. Mayor Touhey proclaimed the week of October 22-31 as Red Ribbon Week and presented the proclamation to Dr. David Alfaro, Rotary International, this year's Red Ribbon Week Chairman Councilmember Miller presented a $10,000 from the Joseph and Inez Eichenbaum Foundation to the West Covina Rose Float Foundation. Community Services Commissioner Rob Sotelo accepted the check on behalf of the City's float foundation. ORAL COMMUNICATIONS Bruce Leinbach Bruce Leinbach, 1308 Sandy Hill Drive, addressed Council as a member of the West Covina Lions Club. As this year's chairman of White Cane Days, he invited everyone to participate in this year's fundraiser. Their theme is How to Prevent Blindness Throughout the World. Terry Galzote Terry Galzote, 742 N. Hartley Street, addressed Council as a member of the Filipino American Services Group, Inc. He invited everyone to attend their event on Saturday October 6a'. Herb Redholtz Herb Redholtz, 2622 Altamira Drive, discussed a proposal pre- sented to the Planning Commission for the commercial corner of Azusa and Amar. It was presented as a supermarket, which the community could use, but the plans call for something close to an enclosed mini -mall. St. James Davis St. James Davis, 616 N. Vincent Avenue, stated that he had a video tape that he is looking forward to airing on Channel 56, now that it has been converted to community access. He requested free baseball caps, t-shirts, balls for his baseball team. Council N inutcs of 10/1/02 La Donna Davis La Donna Davis, 616 N. Vincent Avenue, noted that for par- ticipating in the West Covina Fiesta car show, she and her husband received a plaque. John Scheuplein John Scheuplein, 1800 Aroma Drive #247, commended the City Manager for instituting a "How Are We Doing" program within City Hall. isRoyal Brown Royal Brown, 2153 Aroma Drive, suggested Mayor Touhey reintroduce a Mayor's Report show on Channel 55. HEARING APPEAL OF PLANNING COMMISSION'S APPROVAL OF ARCHITECTURAL PLANS FOR FIVE SINGLE-FAMILY HOMES AT 3146 EAST VIRGINIA AVENUE Applicant: Great Mountain, L.P. Appellants: 'Charles and Marilyn McCain Paul and Shonda Tombrello Great Mountain, L.P. Mayor Touh,� stated that this hearing was continued from September 3` Council' meeting. Planning Director McIsaac presented the staff report. Public Testimonv Mayor Touhey asked for comments in favor of the appeal and the following addressed Council: In Favor of Appeal: Paul Tombrello, 3136 E. Virginia Avenue, stated that. in his opinion the developer did make changes, however small insignifi- cant changes. He felt the designs of the homes were still incom- patible with the neighborhood. Chuck McCain, 3133 E. Virginia Avenue, concurred with Mr. Tombrello and discussed scale and mass of the homes. He, too, felt they were not harmonious with the neighborhood. Mayor Touhey asked for comments in opposition to the appeal and the following addressed Council: In Opposition to the Appeal: William Lee, General Partner of Great Mountain, L.P., dis- cussed the adjustments made to the plans, including narrowing the private street driveway, changing the roofline, and lowering the height of the buildings. Mayor Touhey asked for rebuttal comments, if any, and the following addressed Council: In Rebuttal: Chuck McCain, 3133 E. Virginia Avenue, reiterated the changes made were insignificant. Testimony closed Mayor Touhey closed the public testimony portion of the hearing to commence Council discussion. City staff responded to questions regarding the zoning of the property, including the garage dimensions or not in the overall home dimensions, the develop- ment is located off Virginia Avenue, and the architectural adjust- ments made to the plans. City Clerk Berry presented: Resolution 2002-105 RESOLUTION NO. 2002-105 — A RESOLUTION OF THE denying the appeal CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING ARCHITECTURAL PLANS FOR FIVE SINGLE-FAMILY RESIDENTIAL HOMES AT 3046 E. VIRGINIA AVENUE Motion by Wong and seconded by Miller to waive further reading of the resolution and to approve. Motion carried 3-2 with Sanderson and Herfert voting no. 2 Council Minutes of 10/1/02 HEARING ORDINANCE ADOPTING AND AMENDING THE CALIFORNIA BUILDING AND FIRE CODES City Clerk Berry verified the affidavit of publication and Mayor Touhey opened the hearing. Public Works Director/City Engineer Yauchzee presented the staff report. isPublic Testimonv Mayor Touhey opened the public testimony portion of the hearing. City Clerk Berry stated that no written communications had been received. Mayor Touhey asked for verbal comments relative to the none adoption of the standards codes by reference. No comments were made and Mayor Touhey closed the public testimony portion of the Testimony closed hearing. City Clerk Berry presented Ordinance 2089 - ORDINANCE NO. 2089 - AN ORDINANCE OF THE CITY adopting codes by reference COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 7, ARTICLES II, 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 MECHAN- ICAL CODE, 2001 CALIFORNIA PLUMBING CODE, 2000 UNIFORM SIGN CODE, 2000 UNIFORM SOLAR ENERGY CODE, AND THE 2001 EDITION OF THE CALIFORNIA ELECTRICAL CODE Motion by Wong and seconded by Miller to waive further reading of the ordinance and to adopt. Motion carried by roll call vote: AYES: Herfert, Miller, Sanderson, Wong, Touhey NOES: None CONSENT CALENDAR Commissions/Summary of Actions (receive & file) Personnel 8/14/02 Planning 9/10/02 & 9/24/02 Waste Management/Environmental Quality 9/19/02 Ordinance for Adoption (waive reading & adopt) Ordinance 2090 - ORDINANCE NO. 2090 — AN ORDINANCE OF THE CITY Comstock Homes COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 02-03 (Comstock Homes) Claims Against the City (deny & notify claimant) Julie Scott vs. City of West Covina On July 11, 2002, the City Clerk's Office received a claim for property damage. The amount of claim had not been determined at time of presentation. Claimant is seeking to recover costs to • replace the rear window of her van. On June 14, 2002, the City Clerk's Office received a claim for personal injuries in the amount of $5,000. Claimant is seeking to recover costs he incurred for medical treatment and monetary compensation for his pain and suffering. 7 Council Minutes of 10/1/02 • Robert A. Leitch -vs. City of West Covina On June 27, 2002, the City Clerk's Office received a claim for property damage in the amount of $169.56. Claimant is seeking to recover costs to repair damage to his residence allegedly caused by the West Covina Police Officers during the execution of a search warrant. Robert A. Leitch vs. City of West Covina On July 23, 2002, the City Clerk's Office received a claim for monetary loss in the amount of $1,127. Claimant is seeking to recover costs to replace firearms that were seized from his residence by officers of the West Covina Police Department. Debbie Martinez vs. City of West Covina On July 10, 2002, the City Clerk's Office received a claim for monetary loss in the amount of $300. Claimant is seeking to recover. money that was seized by West Covina police officers during the execution of a search warrant at her residence. Maria Josefina Hernandez vs. City of West Covina On June 3, 2002, the City Clerk's Office received a claim for personal injuries relating to a trip and fall accident on a public street. The amount of claim had not been determined at time of presentation. Coast National Insurance Company, Inc. vs. City of West Covina On June 25, 2002, the City Clerk's Office received a subrogation claim in the amount of $3,035.14. Claimant is seeking to recover costs incurred to repair their insured's vehicle. Reina Ruedas, a minor over the age of 14 years, by Gary N. Stem, Court appointed attorney On May 21, 2002, the City Clerk's Office received a claim for personal injuries. The amount of claim had not been determined at time of presentation. Claimant is seeking monetary compensation for injuries relating to her fall from the roof of a building owned by the West Covina Redevelopment Agency. Citrus Valley Urologic Medical Group, Inc. vs. City of West Covina On June 13, 2002, the City Clerk's Office received a claim for property damage in the amount of $100. Claimant is seeking to recover costs incurred to repair a broken sprinkler line. Angelique Perez vs. City of West Covina On June 19, 2002, the City Clerk's Office received a claim for property damage in the amount of $500. Claimant is seeking to recover costs to repair damage to her vehicle. Traffic Committee Minutes (accept & file) Minutes of the regular meeting held September 17, 2002 Award of Bid Parks Safetv Nettine — Proiect No. YP 03601 isYP 03601 - Recommendation is to accept the bid of the RMF Development RMFDevelopment Co. Company, Escondido, in the amount of $69,345.00 as submitted at the bid opening on August 29, 2002 and authorize the Public Works Director/City Engineer and City Clerk to execute an agreement for the work to be done. City Treasurer's Report (receive & file) Report for the month of August 2002 11 Council Minutes of 10/1/02 Miscellaneous — City Clerk's Office Initiating the March 4, 2003 General Municipal Election Recommendation is to continue retaining the services of Martin & Chapman as the election supplier and adopt the following reso- lutions: •Resolution 2002-106 RESOLUTION NO. 2002-106 — A RESOLUTION OF THE CITY Calling the election COUNCIL OF THE CITY OF WEST COVINA CALLING AND GIVING NOTICE OF A GENERAL MUNICIPAL ELECTION TO HELD ON TUESDAY, MARCH 4, 2003 FOR THE ELEC- TION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALI- FORNIA RELATING TO GENERAL LAW CITIES Resolution 2002-107 RESOLUTION NO. 2002-107 — A RESOLUTION OF THE CITY Requesting County services COUNCIL OF THE CITY OF WEST COVINA REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICI- PAL ELECTION TO BE HELD ON. TUESDAY, MARCH 4, 2003 Resolution 2002-108 RESOLUTION NO. 2002-108 — A RESOLUTION OF THE CITY Candidate Statements COUNCIL OF THE CITY OF WEST COVINA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT THE MARCH 4, 2003 GENERAL MUNI- CIPAL ELECTION Miscellaneous — Finance Department City Pass -Through of Tax Increment Recommendation is to adopt the following resolution: Resolution 2002-109 RESOLUTION NO. 2002-109 — A RESOLUTION OF THE CITY Tax Increment COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO ELECT TO. RECEIVE THE CITY'S SHARE OF TAX INCREMENT REIMBURSEMENTS FROM PROJECTS ADOP- TED OR AMENDED TO ADD NEW TERRITORY AFTER JANUARY 1, 1994 PURSUANT TO HEALTH AND SAFETY SECTION 33607.5(B) Miscellaneous — Police Department On -Going West Covina Service Group Equipment Costs WCSG Recommendation is to authorize the appropriation of $100,000 in Account No. 375-320-2141-7160 from available West Covina Service Group revenue (the fund balance of Fund 375). CONSENT CALENDAR ACTION Motion by Miller and seconded by Herfert to waive further reading of the resolutions/ordinances and adopt, and to approve all other items listed on the Consent Calendar except: C-5 and C-7c. Motion carried by roll call vote: AYES: Herfert, Miller, Sanderson, Wong, Touhey NOES: None • Item C-5 In relation to Item C-5 (Parks Safety Netting — YP 03601), Councilmember Herfert felt there were still some outstanding issues that needed to be resolved. Councilmember Wong stated that he would abstain from the discussion and vote on this issue in compliance with conflict of interest laws. Motion by Herfert and seconded by Sanderson to hold over and refer back to staff for further review. Motion carried 4-0-1 with Wong abstaining. G Council Minutes of 10/1/02 • • Item C-7c In relation to Item C-7c (On -Going West Covina Service Group Equipment Costs), Mayor Touhey stated there were a speaker cards on this item. Police Chief Wills elaborated on the staff report. Wayne Heieck Wayne Heieck, 1313 Sunkist, offered several comments con- cerning the West Covina Service Group: oversight of the funding, last year's audit, and replacing the lieutenant's position that was lost last year. John Scheuplein John Scheuplein, 1800 Aroma Drive #247, felt the WCSG has been successful and the last couple of years it has been in a state of limbo. He hoped the WCSG was not sold. Councilmember Herfert concurred with both speakers. Motion by Miller and seconded by Herfert to approve the staff recommendation to transfer $100,000. Motion carried 5-0. PUBLIC WORKS PLANNING DEPARTMENT END OF CONSENT CALENDAR No reports for this meeting. No reports for this meeting. ADMINISTRATIVE SERVICES No reports for this meeting. REDEVELOPMENT AGENCY Mayor Touhey recessed the City Council meeting at 9:16 pm to convene the Redevelopment Agency. The City Council recon- vened at 9:17 pm with all members present. COMMUNITY SERVICES No reports for this meeting. ENVIRONMENTAL SERVICES No reports for this meeting. PUBLIC SAFETY No reports for this meeting. GENERAL ADMINISTRATION No reports for this meeting. MAYOR'S REPORTS Appointment of City Council Representative to Contract Cities Association Mayor Touhey elaborated on the staff report. Motion by Herfert and seconded by Sanderson to designate Mayor Touhey as the representative and Councilmember Miller as the alternate to the Contract Cities Association. Motion carried 5-0. COUNCILMEMBERS' REPORTS No reports for this meeting. ADJOURNMENT Motion by Wong and seconded by Sanderson to adjourn the meeting at 9:18 pm. Motion carried 5-0. :'City Clerk Janet Be �AAOU\0 May4 Michael Touhey 2