03-02-2004 - Regular Meeting - Minutes•
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MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
March 2, 2004
Mayor Herfert called to order the regular meeting of the West Covina City Council at 7:10 pm in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Pasmant gave the
invocation and Mayor Herfert led the Pledge of Allegiance.
ROLL CALL Mayor Herfert, Mayor Pro Tem Miller, Councilmembers
Hernandez, Sanderson, Wong (arrived at 7:30 pm)
Others Present: Pasmant, Alvarez-Glasman, Freeland, Mclsaac, Wills, Samaniego,
Durbin, Ballard, Hoppe, Fields, Bachman, Taylor, Yauchzee,
Berry
REPORTING OUT FROM CLOSED SESSION No report necessary this evening.
CHANGES TO THE AGENDA City Manager Pasmant drew Council's attention to the Purchase
and Sale Agreement revisions distributed by the Planning Director,
relative to Item F-1 of the Council Agenda.
APPROVAL OF MINUTES The following minutes were approved as presented:
Regular meeting of February 3, 2004
Special meeting of February 17, 2004
Regular meeting of February 17, 2004
PRESENTATIONS With the assistance of Special Assistant to the City Manager, Chris
Freeland, Mayor Herfert called forward each high school student
that participated in Students in Government Day for a Certificate of
Recognition. The event was held today, culminating with tonight's
Council meeting:
West Covina High School
Megan Le Blanc Janet Ruiz
Jennifer Nguyen
Alex Montes
Dustin Johnson
Shawn Baker
Jonathan Huynh
Steven Nieto
Victor Mercado
Alfred Tran
Vicky Sotelo
Eric Tse
Nogales High
School
Kabir Chopra
Martha Hernandez
Angie Dunbar
Jovi Jireh Uy
Andrea Cruz
Rosa Sanchez
Alex Wells
South Hills High
School
Leslie Mah
Gilbert Barrios
Kate Hanley Caroline Wy
Caroline Wu Philip Guerrero
Those students shadowing City officials for the day took a seat at
the Council tables next to their mentors.
Mayor Herfert recognized each member of the ADA Committee
that served the City well in seeking out barriers to City facilities to
make them more accessible to all citizens:
Council Minutes of 3/2/04
John Lindow
Caryn Shewmaker
John Scheuplein
John Shewmaker
Cookie Nance
Christina Nance
Robert Rodriguez
Deanna Rodriguez
Curtis Hedlund for Burt Hedlund
Mayor Herfert presented a Mayor's Certificate to Sing Yam, the
• owner/manager of Rainbow Donuts, as an outstanding small busi-
ness in West Covina, a shop he often frequents with excellent
service and delicious food.
Mayor Herfert presented VFW representative Manny Saca with a
Mayor's Certificate recognizing Armed Forces personnel.
The City's Blue Star video was aired at this point, followed by a
short video of the Cameron Park gymnasium grand opening.
Interim Community Services Director Samaniego presented
each Councilmember with a Certificate of Appreciation for partici-
pating in the shooting hoops competition called "West Covina
Council Hot Shot," won by Councilmember Miller.
ORAL COMMUNICATIONS Megan Leblanc of West Covina High School thanked the City
Council for sponsoring Students in Government Day and found it
to be a rewarding experience.
John Shewmaker, West Covina resident, commented on a recent
action taken by the City Council to appropriate $350,000 from the
cable communication settlement fund to the Hurst Ranch.
CONSENT CALENDAR Commissions/Summary of Actions (receive & file)
Human Resources 1/14/04
Planning 2/24/04
Claims Against the City
Linda Guzman vs. Citv of West Covina
It is recommended that the property damage claim of Linda
Guzman be denied and the claimant be so notified.
Susie Meraz vs. City of West Covina
It is recommended that the property damage claim of Susie
Meraz Fuller be denied and the claimant be so notified.
Vincent Cho vs. City of West Covina
It is recommended that the property damage claim filed by
Vincent Cho be denied and the claimant be so notified.
Octavio A. Ramirez vs. City of West Covina
It is recommended that the financial loss claim filed by
Octavio A. Ramirez be denied and the claimant be so
notified.
Approval of Final Maps
Lot Line Adjustment No. 160
Location: 1724 Gigar Road and 1728 Gigar Road
Resolution 2004-9 Recommendation is to adopt the following resolution:
Lot Line Adjustment No. 160 RESOLUTION NO. 2004-9 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING LOT LINE ADJUSTMENT NO. 160 AT
1724 GIGAR ROAD AND 1728 GIGAR ROAD AND
DIRECTING THE RECORDATION THEREOF (Paul Gigar and
Ann Gigar)
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Council Minutes of 3/2/04
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Lot Line Adjustment No. 161
Location: 143 North Barranca Street
Resolution 2004-10 Recommendation is to adopt the following resolution:
Lot Line Adjustment No. 161 RESOLUTION NO. 2004-10 — A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING LOT LINE ADJUSTMENT NO. 161 AT
143 NORTH BARRANCA STREET AND DIRECTING THE
RECORDATION THEREOF (Community Development Commis-
sion)
Traffic Committee Minutes (accept & file)
Regular meeting of February 17, 2004
City Treasurer's Report (receive & file)
Report for the month of January 2004
Award of Bid
Installation of "Infrared Activated Date -Encoded Traffic Signal
Priority Control System" — Project No. TP 03502
TP 03502 - Recommendation is to authorize the award of the contact to 3M
3M Corporation Corporation in the amount of $149,995.79 from account numbers
123.85.8436.7800 and 152.85.8436.7800.
Miscellaneous — Public Works Department
Renewal of Citywide Lighting and Maintenance District and
Landscaping Maintenance Districts No's 4, 6, and 7 —
Orderingof f Engineer's Reports
Recommendation is to adopt the following resolutions:
Resolution 2004 — I I RESOLUTION NO.2004-11 — A RESOLUTION OF THE CITY
Citywide District COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ORDERING THE CITY ENGINEER TO PREPARE AND FILE A
REPORT IN ACCORDANCE WITH PROPOSITION 218 AND
ARTICLE 4, CHAPTER 1, PART 2, "LANDSCAPING AND
LIGHTING ACT OF 1972", BEING DIVISION 15, STREETS
AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA,
ORDERING CERTAIN LANDSCAPING AND LIGHTING
MAINTENANCE IN THE CITY OF WEST COVINA,
CALIFORNIA, FOR THE SUBSEQUENT FISCAL YEAR
COMMENCING JULY 1, 2004 (West Covina Lighting and Main-
tenance District 2004/2005)
Resolution 2004 —12 RESOLUTION NO.2004-12 — A RESOLUTION OF THE CITY
MD #4 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE CONFIRMATION OF
THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT
NO. 4 LEVY AND COLLECTION OF ASSESSMENT WITHIN
THAT DISTRICT PURSUANT TO PROPOSITION 218 AND
THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR
FISCAL YEAR 2004-2005 (West Covina Landscape Maintenance
District No. 4)
Resolution 2004 —13 RESOLUTION NO. 2004-13 — A RESOLUTION OF THE CITY
MD # 6 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE CONFIRMATION OF
THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT
NO. 6 LEVY AND COLLECTION OF ASSESSMENT WITHIN
THAT DISTRICT PURSUANT TO PROPOSITION 218 AND
THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR
FISCAL YEAR 2004-2005 (West Covina Landscape Maintenance
District No. 6)
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Council Minutes of 3/2/04
Resolution 2004 — 14 RESOLUTION NO. 2004-14 — A RESOLUTION OF THE CITY
MD ff 7 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
INITIATING PROCEEDINGS FOR THE CONFIRMATION OF
THE WEST COVINA LANDSCAPE MAINTENANCE DISTRICT
NO. 7 LEVY AND COLLECTION OF ASSESSMENT WITHIN
THAT DISTRICT PURSUANT TO PROPOSITION 218 AND
THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR
• FISCAL YEAR 2004-2005 (West Covina Landscape Maintenance
District No. 7)
Miscellaneous — Human Resources
Approval of Revised Class Specification for
Police Records Supervisor
Recommendation is to adopt the following resolution:
Resolution 2004 — 15 RESOLUTION NO. 2004-15 — A RESOLUTION OF THE CITY
Police Records Supervisor COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE REVISED CLASS SPECIFICATION FOR
POLICE RECORDS SUPERVISOR
Miscellaneous — Environmental Management
Authorization to Apply for Rubberized Asphalt Concrete (RAC)
Grant for FY 2003/2004 and FY 2004/2005
Recommendation is to take the following actions:
1) Authorize the submittal of an application to apply for SB
1346 Rubberized Asphalt Concrete Grant in the amount of
$150,000 each'for FY 03/04 and FY 04/05; and
2) Adopt the following resolution:
Resolution 2004 — 16 RESOLUTION NO. 2004-16 — A RESOLUTION OF THE
RAC Grant CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, APPROVING PARTICIPATION IN THE
SB 1346 RUBBERIZED ASPHALT CONCRETE GRANT
PROGRAM FOR FY 2003/2004 AND FY 2004/2005
Miscellaneous — Police Department
Additional OTS Seat Belt Grant Funds
OTS Grant Recommendation is to accept the additional $18,201 California
Seat Belt Compliance Campaign grant funds from the State Office
of Traffic Safety (OTS) and appropriate the grant as follows:
* $16,485 into 198.31.3110.5113 for seat belt enforcement
overtime;
* $1,480 into 198.31.3110.5151 for overtime Workers' Comp
benefit;
* $220 into 198.31.3110.5155 for overtime Medicare benefit;
* $16 into 198.31.3110.5156 for overtime Unemployment
Insurance benefit.
New State Homeland Security Grant
Recommendation is to take the following actions:
1. Accept and appropriate the 2003 Part II State Homeland
Security grant as follows:
* $93,697.56 into 196.31.3113.7160 (Police equipment)
* $93,168 into 196.32.3213.7160 (Fire equipment)
* $23,704.92 into 196.33.3313.7160 (Communications
• equipment) M 2. Authorize the purchase of 59 Motorola T 2000 portable
radios from Communications Center of Anaheim, the
vendor offering the lowest price, for $73,704.45, including
tax and shipping, using Police equipment grant funds.
CONSENT CALENDAR ACTION Motion by Miller and seconded by Herfert to waive further reading
of the resolutions and adopt; and to approve all other items listed
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Council Minutes of 3/2/04
on the Consent Calendar, except Item C-7a regarding Maintenance
District No. 7. Motion carried by roll call vote:
AYES: Hernandez, Miller, Sanderson, Wong, Herfert
NOES: None
ABSTAIN: Wong regarding Resolution No. 2004-14 (MD #7)
due to conflict of interest laws (Mr. Wong resides in
MD # 7).
• END OF CONSENT CALENDAR
Students in Government Comments were received from each of the students sitting at the
Council dais of the day's experience. Council expressed their
desire to continue the Students in Government Day each year.
Recess Mayor Herfert called a recess at 8:10 pm at which time the
students stepped down from the Council dais and left the Council
Chambers. The City Council reconvened at 8:14 pm with all
members of the Council present.
HEARING CONTINUED PUBLIC HEARING
CODE AMENDMENT NO. 03-05
TRAILERS AS LIVING QUARTERS
Trailers as Living Quarters Mayor Herfert introduced the hearing matter, noting that the
hearing had been opened at the preceding Council meeting of
February 171h and continued until this evening.
Assistant Planning Director Anderson presented the staff
report and read written comments emailed by Joanne Wilner, a
West Covina resident.
Public Testimony Mayor Herfert asked first for comments favoring the code amend-
ment and no one expressed an interest in addressing Council. He
then asked for comments in opposition and the following spoke:
John Shewmaker, West Covina resident, felt that such a
code amendment wasn't necessary in West Covina and would be
difficult to enforce.
Testimony closed Mayor Herfert closed the public testimony portion of the
hearing.
Council Discussion Council discussed several aspects of the proposed code
amendment, including that this could be a complaint -based issue
(rather than seek and find by Code Enforcement), granting permits
for various lengths of time, permit fees, difficulties in enforcing the
particular amendment, and the periodic need for the amendment.
Councilmember Miller favored a ten-day permit, no administrative
process.
Motion by Sanderson to introduce the ordinance using (g) (1) and
(2) of the proposed ordinance. Mayor Herfert seconded the motion
for discussion purposes.
Substitute motion After further discussion, a substitute motion was offered by
• Wong and seconded by Herfert to issue a fifteen -day permit
maximum in a calendar year for $50 permit fee.
Motion on the substitute motion carried 4-1 with Miller
voting no.
Ordinance introduced City Clerk Berry presented:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING
CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICI-
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Council Minutes of 3/2/04
PAL CODE REGULATING MOTOR HOMES AND TRAILERS
AS LIVING QUARTERS (Code Amendment No. 03-05), as
amended
Motion by Wong and seconded by Hernandez to waive
further reading of the ordinance and introduce, as amended to
include (g)(1) and (2) of the exhibit for a fifteen -day $50 permit
limited to once a year. Motion carried 4-1 with Miller voting no.
• HEARING CODE AMENDMENT NO. 03-04
VEHICULAR HYDRAULIC LIFTS IN
RESIDENTIAL NEIGHBORHOODS
City Clerk Berry verified the affidavit of publication and Mayor
Herfert opened the hearing. Assistant Planning Director Anderson
presented the staff report.
Public Testimonv Mayor Herfert opened the public testimony portion of the hearing
and asked for verbal comments.
In Favor: Mitch Jackson, West Covina resident
David Mark, West Covina resident
In Opposition: No speakers.
Testimony closed Mayor Herfert closed the public testimony portion of the hearing
and commenced Council discussion. City Manager Pasmant sug-
gested that if the City Council was inclined to deny the use of
hydraulic lifts in residential neighborhoods, the matter should be
referred back to staff for a rewrite of the ordinance.
City Clerk Berry presented
Ordinance heading read AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING
CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICI-
PAL CODE, PERTAINING TO VEHICLE HYDRAULIC LIFTS
IN RESIDENTIAL NEIGHBORHOODS
Motion by Sanderson and seconded by Herfert to waive
further reading of the ordinance and introduce. Motion failed by
the following vote:
AYES: Sanderson
NOES: Hernandez, Miller, Wong, Herfert
Mayor Herfert directed staff to rewrite the ordinance banning the
use of vehicular hydraulic lifts in residential zones.
HEARING APPEAL OF PLANNING COMMISSION DENIAL OF CON-
DITIONAL USE PERMIT NO.03-20
RE AUTO RELATED EQUIPMENT INSTALLATION
Location: 500 N. Azusa Avenue
Applicant/Appellant: Raeda Khatib & Ibrahim Jaber
City Clerk Berry verified the affidavit of publication and mailing.
Mayor Herfert opened the hearing and Assistant Planning Director
Anderson presented the staff report.
Public Testimony Mayor Herfert opened the testimony portion of the hearing and
• asked for comments in support of the applicant/appellant.
In Favor Raeda Khatib, applicant, presented her case and letters
signed by neighbors accepting the applicant's willingness to work
with the neighborhood. She noted that they are in year three of a
five-year lease and to pull out now would be a hardship.
In Opposition The following spoke in opposition, relating incidents of constant
noise emanating from the shop's garage and parking problems.
In
Council Minutes of 3/2/04
Jaynee Salan, adjacent resident, presented pictures of the
property in question.
Wallace Rudy, adjacent resident
In Rebuttal Raeda Khatib stated that once they became aware of the noise
complaints this last week, they have conducted the installations
with the garage door closed and would continue to do so.
• Testimony closed Mayor Herfert closed the public testimony portion of the hearing
and commenced Council discussion.
City Clerk Berry presented
Resolution 2004-17 RESOLUTION NO. 2004-17 — A RESOLUTION OF THE
Denying CUP 03-20 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, DENYING CONDITIONAL USE PERMIT NO. 03-20
ON APPEAL OF PLANNING COMMISSION ACTION
Motion by Sanderson and seconded by Miller to waive
further reading of the resolution and adopt. Motion carried 5-0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Herfert recessed the City Council meeting at 9:19 pm to
convene the Community Development Commission. The City
Council reconvened at 9:20 pm with all members present.
DEPARTMENTAL MATTERS — PLANNING DEPARTMENT
Purchase and Sale Agreement for Nogales High School
Surplus Property
Nogales High surplus property Planning Director McIsaac presented the staff report. Council -
member Hernandez stated that he understood the subsidy amount
to be $700,000 from the housing set -aside funds, not $500,000 as
indicated in the report. Council discussed this aspect of the
transaction.
Motion by Hernandez and seconded by Sanderson to
approve a purchase and sale agreement for the purchase of
approximately 2.65 acres of surplus land from the Rowland
Unified School District for the amount of $740,000 and the resale
of the same land for the same amount to the development firm of
Abell-Helou, amending the subsidy amount from $500,000 to
$700,000. Motion carried 3-2 with Miller and Wong voting no.
FINANCE DEPARTMENT
2003/2004 Recommended Capital Improvement Program
Budget Adiustments
Finance Director Bachman presented the staff report.
Motion by Sanderson and seconded by Miller to receive
and file the staff report. Motion carried 5-0.
MAYOR'S REPORT No reports for this meeting.
. COUNCILMEMBERS' REPORTS
Councilmember Sanderson —
Senior Citizens Survey Results
Councilmember Sanderson elaborated on the staff report.
Senior Commission meeting Motion by Sanderson and seconded by Herfert to relocate
the Senior Citizen Commission meetings from City Hall to the
Senior Citizens' Center. Motion carried 3-2 with Miller and Wong
voting no.
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Council Minutes of 3/2/04
ADJOURNMENT Motion by Herfert and seconded by Wong to adjourn the meeting
at 9:45 pm in memory of Burt Hedlund, recently a Waste Manage-
ment/Environmental Quality Commissioner and active member of
the community. Motion carried 5-0.
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Attest:
City Clerk Janet Berry
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Mayor teve er ert