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04-20-2004 - Regular Meeting - Minutes0 MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL APRIL 20, 2004 Mayor Miller 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. Mayor Miller asked for a moment of silence and Councilmember Herfert led the Pledge of Allegiance. ROLL CALL Mayor Miller, Mayor Pro Tern Sanderson Councilmembers Herfert, Hernandez, Wong Others Present: Pasmant, Alvarez-Glasman, Durbin, Freeland, Ballard, Taylor, Genovese, Dewus, Morgan, Anderson, Bommarito, Paul, Mclsaac, Smilowitz, Johnson, Samaniego, Yauchzee, Hoppe, Fields, Wills, Berry REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported that closed session started at 6:06 pm and the items scheduled for discussion were announced. He stated comments were taken during the open portion of the meeting. Regarding the labor negotiations listed for City Council: a briefing was given, no action taken, and nothing further to report. Regarding CDC property negotiations, briefings were given, direction was given to Agency Counsel, no action was taken and both items will be agendized for an upcoming CDC meeting. CHANGES TO THE AGENDA No changes offered. APPROVAL OF MINUTES The minutes of the special meeting of April 6, 2004 were approved as presented. Staff was directed to check the videotape for the regular meeting to double check whether Cookie Nance submitted a petition to Council. City Clerk Berry stated that the minutes would be revised if need be and would be resubmitted to Council. PRESENTATIONS On behalf of the City of West Covina, Mayor Miller received the 2004 Tournament of Roses Parade Mayor's Trophy Picture from 2004 Tournament of Roses President Mike Riffey; West Covina Rose Float Foundation President Frank Scalfaro; and Owner of Charisma Float Larry Crain. With the assistance of Interim Fire Chief Jim Ballard, Mayor Miller presented a Resolution of Commendation for retiring Fire Captain Danny Fetters, recognizing over 26 years of service. Mayor Miller recognized the annual Clean -Up Saturdays citywide program and Environmental Management Director Samaniego addressed the upcoming event. Mayor Miller proclaimed April 18 through April 24 as National Library Week and presented the proclamation to Marilee Marrero, West Covina Community Library Manager. Council Minutes of 4/20/04 Mayor Miller moved forward the following item for consideration at this time. COMMUNITY SERVICES DEPARTMENT Dedication and Placement of Plaque Honoring Members of the World War 11 Japanese American Combat Armv Units Interim Community Services Director Samaniego presented the staff report and Community Services Manager Morgan responded to questions. Councilmember Herfert requested a drawing of the placement of the plaque before approving the location. Mayor Miller stated that the plaque could be presented at the Cherry Blossom Festival on May 1 st and installed later. David Terakawa David Terakawa, East San Gabriel Valley Japanese Community Center, addressed Council regarding the purpose of the plaque and those it will serve to honor. Motion by Hernandez and seconded by Herfert to approve in concept the honorary plaque and to hold over the approval of the location installation at the next Council meeting. Motion carried 5-0. ORAL COMMUNICATIONS Don Carman Don Carman, West Covina resident, spoke in favor of constructing a Wal-Mart on the former BKK landfill site. Ben Ghaneian Ben Ghaneian, Upland, introduced himself and his assistant Dennis Shirley to the City Council. His company, Mr. T's Towing will be towing vehicles soon in the City of West Covina. Royal Brown Royal Brown, West Covina resident, reminded everyone of a town hall meeting scheduled for tomorrow evening regarding redevelop- ment and eminent domain to be presented by the Community Development Commission staff. The meeting will be in the City Hall Council Chambers. John Scheuplein John Scheuplein, West Covina resident, concurred with the comments made by Mr. Carman. He felt that the public, in general, doesn't know what's going on with the BKK site. UNFINISHED BUSINESS PLANNING DEPARTMENT Ordinance for Adoption — Code Amendment No. 03-05: Trailers as Living Quarters Council reviewed the staff report. City Clerk Berry presented: Ordinance 2112 - ORDINANCE NO. 2112 — AN ORDINANCE OF THE Trailers as Living Quarters CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE REGULATING MOTOR HOMES AND TRAILERS AS LIVING QUARTERS Motion by Hernandez and seconded by Sanderson to waive further reading of the ordinance and adopt. Motion carried by roll call vote: AYES: Herfert, Hernandez, Sanderson, Wong NOES: None 2 Council Minutes of 4/20/04 • is COMMUNITY SERVICES Equestrian Facility Feasibilitv Study Equestrian Center Interim Community Services Director Samaniego presented the staff report and Community Services Manager Morgan responded to questions and comments. Siglinde Schreyack Siglinde Schreyack, West Covina resident and horse owner, spoke favorably of the City's interest in pursuing an equestrian center. Royal Brown Royal Brown, West Covina resident, opposed the staff recommen- dation favoring Alternative No. 3 with a modification instead: release an RFP for private developer/manager and see what kind of interest it brings in. Council discussion ensued regarding the interest in such a facility and the economics involved. Motion by Hernandez and seconded by Sanderson to direct staff to release an RFP with a notation that the City currently has no funds but will be looking into grants, etc. and then the City will discover the interest in the private sector for an equestrian facility in West Covina. City Manager's Office will start a list of interested horse boarders and boarding fees, for the RFP responders. Motion carried 5-0. CONSENT CALENDAR Ordinance for Adoption Prohibiting Hydraulic Vehicular Lifts in Single -Family and Multi -Family Residential Zones (waive reading & adopt) ORDINANCE NO. 2113 — AN ORDINANCE OF THE CITY Ordinance 2113 - COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, Code Amendment 03-04 AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO THE REGULA- TION OF HYDRAULIC LIFTS AND SIMILAR TYPES OF AUTO REPAIR EQUIPMENT WITHIN THE "SINGLE- FAMILY RESIDENTIAL" (R-1) AND "RESIDENTIAL AGRICULTURAL" (R-A) ZONES Approval of Final Maps Approval of Final Map for Parcel Map No 26751 Location: 1045 S. Willow Avenue Subdivider: Roberto and Maria Rocha Recommendation is to adopt the following resolution: Resolution 2004-29 RESOLUTION NO. 2004-29 — A RESOLUTION OF THE Parcel Map 26751 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING FINAL MAP OF PARCEL MAP NO. 26751 LOCATED AT 1045 S. WILLOW AVENUE AND DIRECTING THE RECORDATION THEREOF (Roberto and Maria Rocha) Approval of Final Map for Tract No. 53995 Location: Northwest Corner of Orange Avenue and Badillo Street Subdivider: DC Corporation Recommendation is to adopt the following resolution: Resolution 2004-30 RESOLUTION NO. 2004-30 — A RESOLUTION OF THE Tract Map 53995 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING FINAL MAP OF TRACT MAP NO. 53995 LOCATED AT THE NORTHWEST CORNER OF ORANGE AVENUE AND BADILLO STREET AND DI- RECTING THE RECORDATION THEREOF (DC Corporation) 3 Council Minutes of4/20/04 Resolution 2004-31 MD#4 Resolution 2004-32 MD#6 Resolution 2004-33 MD#7 WCSG - DB-NET. Inc. Dell Computers 1] Miscellaneous — Public Works Landscape Maintenance District No. 4 Preliminary Approval of the Engineer's Report Recommendation is to adopt the following resolution: RESOLUTION NO. 2004-31 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 1, 2004 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMENC- ING IN FISCAL YEAR 2004/2005 TO FUND THE OPERA- TION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUN- DARIES OF THE DISTRICT Landscape Maintenance District No. 6 Preliminary Approval of the Engineer's Report Recommendation is to adopt the following resolution: RESOLUTION NO. 2004-32 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 1, 2004 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 COMMENC- ING IN FISCAL YEAR 2004/2005 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT Landscape Maintenance District No. 7 Preliminary Approval of the Engineer's Report Recommendation is to adopt the following resolution: RESOLUTION NO. 2004-33 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, PRELIMINARILY APPROVING THE CERTIFIED ENGINEER'S REPORT AND DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING ON JUNE 1, 2004 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 COMMENC- ING IN FISCAL YEAR 2004/2005 TO FUND THE OPERATION AND MAINTENANCE OF CERTAIN LANDSCAPING AND APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF THE DISTRICT Miscellaneous — Police Department Software Migration Services and Equipment for West Covina Service Group Recommendation is to take the following actions: 1) Authorize the WCSG to contract with DB-NET, Inc. for up to $42,500 for computer consulting services (COBOL software source code conversion and Sweet3000 Intrinsic Library sour code). 2) Authorize the WCSG to purchase up to $147,000 of needed computer hardware (five Mobile Workstations, five Precision Workstations, one Power Vault Storage Server, one 6650 Server, two Gigabit Switches, and four 2650 Servers), from Dell Computers — the City's sole -source provider under the Western States Contract Alliance. Miscellaneous — Environmental Management BKK Landfill Closure Plans Monthly Status Report Recommendation is to receive and file. M Council Minutes of 4/20/04 • Miscellaneous — Community Services Clear Channel — Bus Shelter Advertising Contract Agreement Bus Shelter Advertising - Recommendation is to authorize the City Manager and City Clerk Clear Channel Outdoor, Inc. to execute the bus shelter advertising contract extension for five years with Clear Channel Outdoor, Inc. Application for the Land and Water Conservation Grant Program Recommendation is to take the following actions: Land & Water Grant 1) Authorize the application of the Land and Water Conserva- tion Fund Program to fund the Trails at Galster Park project for $300,000 involving development of outdoor recreation areas and facilities; and 2) Adopt the following resolution: Resolution 2004-34 RESOLUTION NO. 2004-34 — A RESOLUTION OF THE Application for grant CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE LAND AND WATER CONSERVATION FUND PROGRAM FOR THE TRAILS AT GALSTER PARK PROJECT Miscellaneous — City Manager's Office Rental Fee for use of Community Room at City Hall Recommendation is to adopt the following resolution: Resolution 2004-35 RESOLUTION NO. 2004-35 — A RESOLUTION OF THE Community Room rental fee CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, ESTABLISHING A RENTAL FEE FOR USE OF THE COMMUNITY ROOM AT CITY HALL CONSENT CALENDAR ACTION Councilmember Wong stated that relative to Item C-4c, Resolution 2004-33 re MD # 7 requires his abstention (conflict of interest as he lives in the maintenance district). Motion by Hernandez and seconded by Herfert to waive further reading of the ordinance/resolutions and adopt; and to approve all other items listed, except: C-3b and C-4f. Motion carried by the following roll call vote: AYES: Herfert, Hernandez, Sanderson, Wong, Miller NOES: Herfert & Sanderson re Ordinance No. 2113 ABSTAIN: Wong re Resolution 2004-33 Item C-3b Relative to Item C-3b (Final Map Approval for Tract 53995 by DC Corporation), the following individual addressed Council: Lloyd Johnson Lloyd Johnson, West Covina resident, asked for a clarification on the changes to the housing development at the corner of Orange and Badillo. Planning Director Mclsaac explained the actions of the Planning Commission and discretion granted to the Planning Director for modifications. Public Works Director Yauchzee discussed the track map procedures. Craig Cook Craig Cook, architect of DC Corporation, explained the changes to the footprints and the minor rearrangement of the inside walls to better use the inside space. Motion Motion by Sanderson and seconded by Hernandez to waive reading and adopt Resolution No. 2004-30. Corey Warshaw Corey Warshaw, Planning Commissioner, discussed the matter before the Planning Commission. 5 Council Minutes of4/20/04 Mayor Miller asked for a vote on the motion. Motion carried 5-0. Councilmember Wong suggested that when the City Council has given final approval on a controversial issue, neighborhood notification should be done, as a minimum, if there are changes before the Commission or the Council. Item C-4f Relative to Item C-4f (Bus Shelter Advertising Agreement), • Councilmember Wong received a clarification from staff as to the name change of the company and available advertising space to the City. Motion by Herfert and seconded by Wong to approve the staff recommendation. Motion carried 5-0. HEARING PROTEST HEARING WEED ABATEMENT 2004 Weed Abatement Mayor Miller introduced the hearing matter. City Clerk Berry verified the affidavit of mailing and Mayor Miller opened the hearing. Public Testimonv Mayor Miller opened the testimony portion of the hearing and asked if any written protests or objections had been received and City Clerk Berry responded in the negative. He then asked for public comments. No one addressed Council and Mayor Miller Testimony closed closed the public testimony portion of the hearing. Motion by Herfert and seconded by Sanderson to order the abate- ment of weeds and rubbish on those properties describe din Resolution of Intention No. 2004-23. Motion carried 5-0. HEARING CODE AMENDMENT NO. 03-01 SECOND DWELLING UNITS Second Dwelling Units Mayor Miller introduced the hearing matter. City Clerk Berry verified the affidavit of publication and Mayor Miller opened the hearing. Planning Assistant Anderson presented the staff report. Public Testimonv Mayor Miller opened the public testimony portion of the hearing and the following individuals addressed Council: In Favor: Corey Warshaw, Planning Commissioner, clarified the "detached" vs "attached" second dwelling as acted upon by the Commission. In Opposition: No one addressed the City Council. Testimony closed Mayor Miller closed the public testimony portion of the hearing and commenced Council discussion. Council expressed their dis- pleasure with the State of California in its efforts to take away discretionary decision -making on the part of cities. In this case, the State has preempted the City in regulating second dwelling units. City Clerk Berry presented: Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNIC- IPAL CODE REGULATING SECOND DWELLING UNITS (Code Amendment No. 03-01) Council Minutes of 4/20/04 Motion by Hernandez and seconded by Wong to waive further reading of the ordinance and introduce. Motion carried by roll call vote: AYES: Herfert, Hernandez, Sanderson, Wong, Miller NOES: None Mayor Miller asked that the corresponding assembly bill be agendized at the next Council meeting to give Council an opportunity to vote against it. Recess Mayor Miller called a recess at 9:55 pm. The City Council reconvened at 10:10 pm with all members present. COMMUNITY DEVELOPMENT COMMISSION Mayor Miller recessed the City Council meeting to convene the CDC at 10:10 pm. The City Council reconvened at 10:40 pm with all members present. DEPARTMENTAL MATTERS Community Services Public Service Project Funding Alternatives and Family Solutions, Inc. Funding Public Service Projects The City Council reviewed the staff report. John Peel John Peel, Family Solutions, distributed a copy of the Family Solutions FY 2003/2004 budget and clarified that the agency is not a for -profit organization. He said the same misinformation was given to the Community Services Commission regarding the financial status of Family Solutions. Motion by Herfert and seconded by Hernandez to receive and file the staff report. Motion carried 5-0. Planning Department Initiation of Code Amendment: Banners for Non -Profit Organizations Within Public Rights -of -Way Banners The City Council reviewed the staff report. John Scheuplein John Scheuplein, West Covina resident, suggested that the conditions for the banners include parkways. Resolution 2004-36 City Clerk Berry presented: Banners for Non -Profit Agencies RESOLUTION NO. 2004-36 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, INITIATING AN AMENDMENT TO CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE PERTAINING TO ALLOWING CERTAIN BANNERS FOR NON-PROFIT ORGANIZATIONS WITHIN THE PUBLIC RIGHT-OF-WAY Motion by Hernandez and seconded by Herfert to waive • further reading of the resolution and adopt. Motion carried 5-0. MAYOR'S REPORTS Annual Appointment of City Council Representatives to Other Agencies Council reviewed the staff report. Mayor Miller stated that the only one that must be done at this time involves the designation of appointees to L.A. Works. 7 Council Minutes of 4/20/04 L.A. Works representatives Motion by Sanderson and seconded by Hernandez to appoint Herfert as the delegate and Hernandez as the alternate. Motion carried 5-0. The remaining appointments will be designated at the next City Council meeting. • COUNCILMEMBERS' REPORTS Councilmember Wong reported on the successful submittal of more than enough signatures for the League of California Cities initiative. West Covina submitted 1400 signatures, more than the requested amount. Mr. Wong thanked several petition circulators by name: Ian Jones, Sherri Lane, Corey Warshaw, Council - member Hernandez and Mayor Miller. ADJOURNMENT Motion by Miller and seconded by Hernandez to adjourn the meeting at 11:00 pm in memory of Albert Velasquez (father of Human Resources Commissioner Art Velasquez) and Betsy Dykzeul (secretary of St. Christopher's Church for last 36 years). Motion carried 5-0. Attest: V sue` .City Clerk Janet Berry Mayor Michael Miller E