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10-16-2001 - Regular Meeting - Minutes• MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL OCTOBER 16, 2001 The regular meeting of the West Covina City Council was called to order by Mayor Wong at 7:30 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. Pastor Kelly DuPee of Faith Community Church gave the invocation and Councilmember Sanderson led the Pledge of Allegiance. ROLL CALL Mayor Wong, Mayor Pro Tern Touhey, Councilmembers Herfert, Miller, Sanderson Others Present: Pasmant, Alvarez-Glasman, Chung, Fields, Morgan, Mayer, Wills, Samaniego, Keating, Freeland, Bommarito, Anderson, Schimanski, McIsaac, Barge, Fong, Barrett, Hatch, Ondatje, Hoppe, Rodriquez, Berry APPROVAL OF MINUTES The following minutes were approved as presented: Special meeting of October 2, 2001 Regular meeting of October 2, 2001 PROCLAMATION Mayor Wong proclaimed the week of October 20 through 27 as Red Ribbon Week and presented the proclamation to David Alfaro, Rotary International and Red Ribbon Week Chairman. PRESENTATIONS With the assistance of League President Gary Friedel and Manager Dan Roddy, Mayor Wong presented certificates to each member of the West Covina American Little League District 19, Nine & Ten Year Old All -Star Champions. Police Chief Frank Wills assisted Mayor Wong with the presentation of a Resolution of Commendation for over 21 yeas of service with the City to retiring Police Sergeant Dave Shively. John Hughes presented Sergeant Shively with a Certificate of Appreciation from the MDA. Mayor Wong presented to City Clerk Janet Berry a plaque from County Registrar/Recorder — County Clerk Conny McCormack in appreciation for the work Ms. Berry contributed to the Touchscreen Voting Program for the November, 2000 election. •ORAL COMMUNICATIONS Roberta Azpeitia Roberta Azpeitia, Personnel Commissioner, reported on attending the Governor's Congress for Women and appreciated the City paying. She noted that there were several other women (staff members and other Commissioners) who were not able to attend, due to staff snafu. Council Minutes 10/16/01 Gloria Vargas Gloria Vargas, Community Services Commission, stated that the Governor's Congress for Women is an excellent conference and missing it is a shame. Royal Brown Royal Brown, 2153 Aroma Drive, complained that a candidate for the upcoming School Board election has illegally placed political • signs, particularly around the Amar/Azusa intersection. Jerry Jaskol Jerry Jaskol, 1199 N. Citrus Avenue, Covina, complained about a situation he had with the West Covina Chrysler Dealership in which he was a victim; however, he did not specifically identify the nature of the problem. John Scheuplein John Scheuplein, 1800 Aroma Drive #247, complained about his apartment manager who has distributed a memo throughout the complex seeking removal of seasonal decorations and the American flag. Andy Natker Andy Natker, Haagen Company, gave the City an update on the Citrus/Workman project and urged Council to proceed with the purchase of the Eastland Theater site. He presented a letter for the record. Pat Barber Pat Barber, Senior Vice President of Ralph's Stores, hoped to see the City Council move forward in purchasing the Eastland Theater property. Discussion ensued between Mr. Barber and Mayor Pro Tem Touhey about abandoned supermarket sites and previous Ralph's markets in West Covina. Mayor Wong asked the City Manager to agendize property negotiations for the next closed session. Emma Fischbeck Emma Fischbeck, 130 S. Barranca Street, noted that the City flag was missing from its usual place behind the Mayor and asked about its location. Mayor Pro Tem Touhey reported that the flag was submitted to the League of California Cities for the annual conference and once that is concluded the flag will be returned. HEARING CODE AMENDMENT NO. 300 — CANOPY STRUCTURES — GENERAL EXEMPTION City Clerk Berry verified the affidavit of publication and Mayor Wong opened the hearing. Planning Director McIsaac presented the staff report and responded to Council questions and comments. Public Testimony In Favor: Mayor Wong opened the public testimony portion of the hearing and asked for comments favoring the code amendment. The following addressed Council: Pauline Ray Pauline Ray, 218 S. Butterfield Road. Myrtle Ferber Myrtle Ferber, 1003 W. Swanee Lane. John Allevato John Allevato, 653 Evanwood. • In Opposition: Mayor Wong asked for comments opposing the code amendment and the following addressed Council: Shelby Williams Shelby Williams, 401 N. Shadydale Avenue. Craig Melicher Craig Melicher, 400 N. Toland Avenue. Gustavo Romo Gustavo Roma, 3577 E. Hillhaven Drive. John Scheuplein John Scheuplein, 1800 Aroma Drive. Dave Allevato Dave Allevato, 653 Evanwood. 2 Council Minutes 10/16/01 Joanne Wilner In Rebuttal: • Pauline Ray Testimony Closed • City Clerk Berry read a letter faxed by Joanne Wilner, 2108 Casa Linda, opposing the code amendment. Mayor Wong asked for comments in rebuttal and the following addressed the City Council: Pauline Ray, 218 S. Butterfield Road, noted that several people speaking under "In Favor" actual spoke in opposition to canopies. She and other homeowners in this situation have received many, many letters from their neighbors who do not object to canopy structures in the front yard and with that, why would Council object. Mayor Wong closed the public testimony portion of the hearing and commenced Council Discussion. The City Council discussed following aspects of canopy structures and their impact on the property owners, their adjacent neighbors, and the community: * Canopies in the front yard and side yard setbacks * Temporary vs permanent structures * Aesthetics, enforcement, exemptions (i.e. medical) * Size and square footage of the canopies * Language of the proposed ordinance, grand fathering clause City Attorney Alvarez-Glasman suggested the matter be referred back to staff. The City does have existing standards and they can be expanded to include Council's comments of this evening and a grand fathering clause. Action Motion by Miller and seconded by Sanderson to refer to staff, incorporate the March 1999 current ordinance adoption date as the cut-off date for grand fathering canopies and consider a medical approach similar to that used for roll out waste collection services, and return to the City Council the second meeting in November, 2001. Motion carried 5-0 Recess Mayor Wong recessed the City Council meeting at 10:15 pm. The City Council reconvened at 10:40 pm with all members present. HEARING WOODSIDE VILLAGE MASTER PLAN AMENDMENT NO. 8 — GENERAL EXEMPTION City Clerk Berry verified the affidavit of publication and Mayor Wong opened the hearing. Mayor Wong stated that one of the Council -members has requested that this hearing be held over until the next Council meeting. Mayor Wong asked if the applicant was in agreement with the request to hold over and if he would like to speak at this time. The applicant, Douglas Jacobson, 21800 Burbank Boulevard, Suite 330, Woodland Hills, stated that holding the matter over was all right and felt the staff report reflected the project correctly. However, he expounded on various aspects of the project that have transpired over the past year and -a -half. Hearing continued to 11/6 Motion by Herfert and seconded by Miller to continue this hearing to the next Council meeting of November 6, 2001. Motion carried 5-0. 3 Council Minutes 10/16/01 Mayor Wong moved forward the following item to be heard by Council at this time: COUNCILMEMBERS' REPORTS Councilmember Herfert — • Expansion of Parole Office on Badillo Street Parole Office Expansion Mayor Pro Tent Touhey stated that because of a potential conflict of interest (his business is within 300 feet of the parole office), he would abstain from the discussion and vote on this item. He then stepped down from the Council table. Police Chief Wills presented the staff report. Additional comments and clarifications of the parole programs and procedures were offered by Mr. Nal Pedrosian and Mr. David Munoz from the Department of Corrections. Mr. Perry Omidvar, property owner, addressed Council regarding the expansion plans. Council discussion ensued regarding possible increase in crime that could arise with additional parolees visiting the parole office; although the parole office has experienced no crime in the adjacent West Covina area related to parolees. Mayor Wong refer- red to the statistics submitted by the Police Chief regarding the crime numbers for this particular reporting district and compared them to the other reporting districts. Councilmember Herfert and Miller suggested a community meeting for the residents would be prudent to inform them of the intended expansion. Motion by Herfert and seconded by Wong to instruct staff to schedule a public meeting for the neighborhoods and legislators regarding the expansion proposal. Councilmember Miller requested that the statistical information be provided graphically for that meeting. Motion carried 4-0-1 with Touhey abstaining. Mayor Pro Tern Touhey returned to the Council table. REDEVELOPMENT AGENCY Mayor Wong recessed the City Council meeting at 11:27 pm to convene the Redevelopment Agency. The City Council reconvened at 11:36 pm. Mayor Wong moved forward the following item to be considered by Council at this time. COUNCILMEMBERS' REPORTS (continued) Councilmember Touhey — Paid Military Leave Council reviewed the staff report. Carlos Thrasher Carlos Thrasher, 2149-A Amar Drive, urged Council to support the proposed resolution for adoption. • City Clerk presented: Resolution 2001-83 RESOLUTION NO. 2001-83 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE CITY'S PERSONNEL RULES GRANTING FULLY -PAID MILITARY LEAVE OF ABSENCE AND THE CONTINU- ATION OF DEPENDENTS HEALTH AND DENTAL BENE- FITS FOR EMPLOYEES CALLED TO ACTIVE DUTY FOR 11 Council Minutes 10/16/01 THE FULL PERIOD OF ABSENCE FOR MILITARY SERVICE WITH THE ARMED FORCES Motion by Touhey and seconded by Herfert to waive further reading of the resolution and adopt. Motion carried 5-0. • CONSENT CALENDAR Commissions/Summary of Actions (receive & file) Personnel Commission 7/11/01 and 8/8/01 Planning 10/09/01 Waste Management & Environmental Quality 9/20/01 Ordinances for Adoption (waive reading & adopt) Ordinance 2074 - ORDINANCE NO. 2074 — AN ORDINANCE OF THE CITY Code Amendment 01-04 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO LOW AND MODERATE -INCOME AND SENIOR HOUSING AND DENSITY BONUSES Ordinance 2075 - ORDINANCE NO. 2075 — AN ORDINANCE OF THE CITY Zone Change 01-04 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 01-04 Ordinance 2076 - ORDINANCE NO. 2076 — AN ORDINANCE OF THE CITY Speed limit on Garvey COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 22-132 OF THE WEST COVINA MUNICIPAL CODE RELATING TO DECREASES OF STATE LAW MAXIMUM SPEEDS Award of Bid BP 02311 — Parkine Lot Seal Coatine at Various Locations &City Yard Recommendation is to accept the bid of Premier Paving in the amount of $129,274.00 as submitted at the bid opening on September 11, 2001, and authorize the Mayor and City Clerk to execute the agreement. Miscellaneous — Public Works Capital Improvement Program and Building Activity Report — Third Quarter 2001 Recommendation is to receive & file the informational report. Miscellaneous — Planning Department Resolution Establishing Change in Time for Planning Commission Recommendation is to adopt the following resolution changing the commencement time of Planning Commission meetings from 7:30 pm to 7:00 pm. Resolution 2001-84 RESOLUTION NO. 2001-84 — A RESOLUTION OF THE CITY Planning Commission COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 5692 RELATING TO MEETING TIMES AND PLACES OF CITY BOARDS AND COMMISSIONS • Miscellaneous — Communications Extension of the License and Use Agreement Cox Communications Recommendation is to authorize the Mayor to execute an Amend- ment to the License and Use Agreement with Cox Communi- cations approving the extension of such agreement for a period of five years (maintain and operate a cellular PCS site at Shadow Oak Park. 5 Council Minutes 10/16/01 CONSENT CALENDAR ACTION Miscellaneous — Environmental Management BKK Landfill Closure Plans - Status Report Recommendation is to receive and file the status report. Motion by Touhey and seconded by Herfert to waive further reading of the resolutions/ordinances and adopt, and to approve all other items listed, except: C-2 (first and second ordinances) and C- 3a. Motion carried by roll call vote: AYES: Herfert, Miller, Sanderson, Touhey, Wong NOES: None Item C-2 In relation to Item C-2 (Ordinances for Adoption), Mayor Wong stated that he would like the voting on Ordinance No. 2074 and Ordinance No. 2075 be taken separately. He noted that he was not at the Council meeting to participate in the discussions relative to density bonuses. Motion by Touhey and seconded by Herfert to waive further reading and adopt Ordinance No. 2074 and Ordinance No. 2075. Motion carried 3-1-1 with Miller voting no and Wong abstaining. Item C-3 In relation to Item C-3 (Parking Lot Sea Coating, etc.), Council - member Sanderson stated her opposition to slurry sealing; although she did favor the repaving. Councilmember Miller asked if crack sealing would be done before the slurry sealing and City Engineer Mayer responded in the affirmative. Motion by Miller and seconded by Herfert to approve the staff recommendation. Motion carried 3-2 with Sanderson and Touhey voting no. PUBLIC WORKS PLANNING DEPARTMENT REDEVELOPMENT AGENCY END OF CONSENT CALENDAR No reports for this meeting. No reports for this meeting. RDA was concerned earlier in the evening. COMMUNITY SERVICES 2000/2001 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR CDBG PROGRAMS Council reviewed the staff report. Motion by Touhey and seconded by Herfert to approve the 2000/20001 Consolidated Annual Performance and Evaluation Report and authorize the City Manager to sign any necessary documents to submit the report to the Department of Housing and Urban Development. Motion carried 5-0. ENVIRONMENTAL MANAGEMENT No reports for this meeting. PUBLIC SAFETY No reports for this meeting. GENERAL ADMINISTRATION No reports for this meeting. I Council Minutes 10/16/01 C] • COUNCILMEMBERS' REPORTS (continued) Councilmember Miller — Highlights - City Council Liaison Meetings Councilmember Miller identified his informational report high- lighting the various committee meetings had has attended as the Council liaison/representative. Motion by Miller and seconded by Touhey to receive and file the report. Motion carried 5-0. MAYOR'S REPORTS Mayor Wong thanked Community Director Hatch and his staff for the candlelight vigil that was held on September 19th in the Civic Center Courtyard. One of the passengers that died on Flight # 11 on September 11, 2001, was David S. Aoyama from La Puente who worked with youth groups all over the San Gabriel Valley, Mayor Wong spoke further of his contributions and noted that he would ask Council to adjourn the meeting in his memory. COUNCILMEMBERS' REPORTS (continued) Councilmember Miller requested that the Community Services Commission and the Senior Citizens Commission be integrated into the revision process of the Housing Element and that the Senior Citizens Commission/Planning Commission hold a relevant meeting at the Senior Citizens Center. In relation to Section 8 issues, Councilmember Miller requested a report on the options the City has on ways of being able to encourage the Apartment Owners to stay in the Section 8 Housing Program — and looking for both positive and negative incentives. Mayor Pro Tern Touhey added further comments regarding the Section 8 Program. Mayor Pro Tern Touhey suggested that the crime statistics of Baldwin Park and the County of Los Angeles in relation to the reporting district of the current parole office would be very interesting. ADJOURNMENT Motion by Miller and seconded by Herfert to adjourn the meeting at 11:55 pm in memory of David S. Aoyama. Motion carried 5-0. Mayor njamin Wong Attest: v i City Clerk Janet Ber I