10-04-2011 - Regular Meeting - MinutesMINUTES
REGULAR JOINT MEETING OF THE
WEST COVINA CITY COUNCIL
WEST COVINA COMMUNITY DEVELOPMENT COMMISSION
October 04, 2011
Mayor/Chairman Herfert called to order the regular joint meeting of the West Covina City Council and
Community Development Commission at 7:00 p.m. in the City Hall Council Chambers, 1444 W.
Garvey Avenue, West Covina.
INVOCATION
PLEDGE OF ALLEGIANCE
Pastor Kelly Dupee
Faith Community Church
Councilmember Lane
ROLL CALL Mayor/Chair Herfert, Mayor Pro Tem/Vice Chairman Touhey
(arrived at 7:06 p.m.), Councilmembers/Commissioners Armbrust,
Lane, Sanderson
CHANGES TO THE AGENDA None
PRESENTATIONS Mayor Herfert called forward Christopher Lidle who presented the
City with a check 'of $1,000 donated by the Cory Lidle Foundation to
the City's Community Services Foundation.
Mayor Herfert presented Fire Chief Paul Segalla with a proclamation
for National Fire Prevention Week October 9 - 15, 2011.
ORAL COMMUNICATIONS
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed an article in the
Pasadena Star regarding Bob's Towing and their alleged ethics and
inquired as to the standards West Covina holds it contractors to,
including Bob's Towing; addressed a recent Crime report distributed
to residents regarding the City's statistics and the timing of the
article.
Mayor Pro Tem/Vice Chair Touhey arrived and took his seat at the dais.
Sharon Neely Sharon Neely, Deputy Executive Director of Southern California
Association of Governments spoke in support of the San Jose Creek
Truck Route and requested the Council to consider all facts and
information relative to this matter.
CONSENT CALENDAR Mayor Herfert requested Item #5, Letter Requesting Governor
Jerry Brown to Fully Fund the Public Safety Realignment
Program and Item #8, Opposing San Jose Creek Truck Route be
pulled for separate discussion.
Approval of Meeting Minutes (receive & file)
1) Special Joint Council/CDC Minutes of September 6, 2011
Minutes Regular Joint Council/CDC Minutes of September 6, 2011
Special Joint Council/CDC Minutes of September 20, 2011
Commission Summary of Actions (receive & file)
2) Planning Commission September 27, 2011
City Council/CDC Minutes October 04, 2011
Treasurer's Report (receive & file)
3) City Treasurer's Report, City Treasurer's Report for the Month of August 2011
4) CDC Treasurer's Report CDC Treasurer's Report for the Month of August 2011
This item was pulled for separate discussion and vote.
City Manager's Office — Miscellaneous
Letter Requesting Governor Jerry Brown to Fully Fund the Public
5) Safety Realignment Program
Letter to Governor Recommendation is that the City Council send a letter to Governor
Jerry Brown requesting the State of California fully fund the Public
Safety Realignment Program.
Public Works - Miscellaneous
Lot Line Adjustment No. 177
6) Location: 1724 Gigar Terrace and 1738 Gigar Terrace
Lot Line Adjustment No. 177 Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2011-50 RESOLUTION NO. 2011-50 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING LOT LINE ADJUSTMENT NO. 177 AT 1724
GIGAR TERRACE AND 1738 GIGAR TERRACE AND
DIRECTING THE RECORDATION THEREOF (PAUL AND
ANN GIGAR)
7) Monument Signs on Interstate-10 Freeway
Monument Signs on I-10 Recommendation is that the City Council approve the conceptual
drawing and location of freeway monument signs welcoming
motorists to West Covina on the Interstate-10 Freeway corridor and
direct staff to pursue funding options.
This item was pulled for separate discussion and vote.
8) Opposing San Jose Creek Truck Route
San Jose Creek Truck Route Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2011-51 RESOLUTION NO. 2011-51 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
OPPOSING THE SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS (SCAG) PROPOSAL TO CONSTRUCT
DEDICATED TRUCK ONLY LANES ALONG THE SAN JOSE
CREEK FLOOD CONTROL CHANNEL AND STATE ROUTE 60
FREEWAY CORRIDOR
AB1234 Conference and Meeting Report (receive & file)
International Council of Shopping Centers (ICSC) Meeting and
9) Conference Report
AB 1234 Report Recommendation is that the City Council receive and file this report.
CONSENT CALENDAR ACTION Motion by Armbrust and seconded by Lane to approve all items
listed on the .Consent Calendar as presented except Item #5 — Letter
Requesting Governor Jerry Brown to Fully Fund the Public Safety
Realignment Program and Item 98 — Opposing San Jose Creek
Truck Route. Motion carried by 5 — 0.
Letter Requesting Governor Jerry Brown to Fully Fund the Public
Item 5 Safety Realignment Program
Letter to Governor to Fund Mayor Herfert requested Police Chief Wills provide background
Public Safety Realignment information regarding the Governor's Public Safety Realignment
Program.
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City Council/CDC Minutes October 04, 2011
Police Chief Wills briefly reported on the recently passed
Assembly Bills 109 and 117 intended to reduce the number of
inmates in the State's prisons. Comments . followed by
Councilmembers.
Motion Motion by Sanderson and seconded by Armbrust to send a letter to
Governor Jerry Brown requesting the State of California fully fund
the Public Safety Realignment Program. Motion carried by 5 — 0.
Item 8 Opposing San Jose Creek Truck Route
San Jose Creek Truck Route Mayor Herfert requested Public Works Director Shannon Yauchzee
give a brief report on this matter. .
Public Works Director Yauchzee gave a brief summary
stating the project entails a truck route at the southern end of West
Covina near the 60 Freeway and Valley Boulevard. The idea was to
construct an elevated structure 40 feet in the air to be used as a truck
route and said that the cities of Diamond Bar, Walnut and South El
Monte asked West Covina to join them in opposing this project.
Some of their reasons were that other routes needed to be considered
first such as the 91; that L.A. County Flood Control Chanel has not
supported it; that it was too early to consider and that further study
was advisable.
Mayor Herfert and Mayor Pro Tem Touhey both made
comments that there was a need for further study due to the history of
unsuccessful projects for truck routes and they also cited some of the
negative impacts to the City.
Motion Motion by Sanderson and seconded by Lane to adopt the following
resolution. Motion carried by 5 — 0.
Resolution No. 2011-51 RESOLUTION NO. 2011-51 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
OPPOSING THE SOUTHERN CALIFORNIA ASSOCIATION OF
GOVERNMENTS (SCAG) PROPOSAL TO CONSTRUCT
DEDICATED TRUCK ONLY LANES ALONG THE SAN JOSE
CREEK FLOOD CONTROL CHANNEL AND STATE ROUTE 60
FREEWAY CORRIDOR
PUBLIC HEARINGS
Public Hearing
2011 Congestion Management Program (CMP)
Conformance Self -Certification and Local Development Report
10) (LDR)
Congestion Mgmt Program Mayor Herfert announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given. Mayor
Herfert then proceeded to open the hearing and Planning Director
Jeff Anderson gave a brief report on the State's requirement for an
annual report to the MTA on the statistics of development activity in
the City and stated the attached report contained information on
development activity from June 2010 to May 2011. He said staff is
requesting adoption of the attached resolution.
Public testimony Mayor Herfert then proceeded to open the public testimony portion
of the hearing and asked for public comment.
Close testimony There being no one wishing to address the Council, Mayor Herfert
closed the public testimony portion of the hearing.
Motion Motion by Lane and seconded by Herfert to adopt the following
resolution. Motion carried by 5 — 0.
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City Council/CDC Minutes October 04, 2011
Resolution No. 2011-52 RESOLUTION NO. 2011-52 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
FINDING THE CITY TO BE IN CONFORMANCE WITH THE
CONGESTION MANAGEMENT PROGRAM (CMP) AND
ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE
SECTION 65089
Public Hearing
Code Amendment No. 110-04
11) Tattooiniz
Tattooing Mayor Herfert announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given. Mayor
Herfert then proceeded to open the hearing and Planning Director
Jeff Anderson gave a report stating that currently, tattooing is not
allowed in the City and in view of the ruling by the U.S. 9`" Circuit
Court of Appeals determining that a prohibition on tattooing was
"facially unconstitutional" and that it is protected by the 1st
Amendment, the Planning Commission reviewed the matter and
initiated a code amendment. He then outlined the various proposed
code changes.
Mr. Anderson also displayed the zones in the City where
these businesses would be permitted to operate [R-C, S-C, M-1].
Mr. Anderson then offered to answer any questions.
Public testimony Mayor Herfert then proceeded to open the public testimony portion
of the hearing and asked for public comment.
In Favor Steven Potts, West Covina resident, spoke in favor of allowing this
type of business in the City and stated that tattooing brings art and
entertainment to the city.
Frank Ferrero, West Covina resident, expressed his support.
Opposed None
Close testimony There being no one else wishing to address Council, Mayor Herfert
closed the public testimony portion of the hearing.
Council discussion Mayor Pro Tern Touhey requested to amend the proposed ordinance
by eliminating the S-C (Service Commercial) zone from zones where
tattooing uses would be allowed in and to also require a minimum
1,000 square foot floor area for tattooing business.
Motion Motion by Touhey and seconded by Armbrust to introduce the
following ordinance with a minimum of 1,000 square foot store floor
area and the elimination of S-C zone.
Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26
(ZONING) OF THE WEST COVINA MUNICIPAL CODE
RELATED TO PERMANENT MAKEUP AND BODY PIERCING
AND ESTABLISHING STANDARDS FOR TATTOOING
Motion carried by 5 — 0.
Public Hearing
Urgency Ordinance Extending the Moratorium to Create an
Equestrian Overlay Zone on Single -Family Properties on the North
Side of Vanderhoof Drive Between 2633 and 2807 Vanderhoof
Drive and Providing a Progress Report on the Proposed Code
12) Amendment and Zone Change
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City Council/CDC Minutes October 04, 2011
Moratorium - Equestrian Zone Mayor Herfert announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given. Deputy
City Attorney Scott Nichols stated that a conflict of interest existed in
this matter for two councilmembers in which both Councilmembers
Armbrust and Sanderson own property or live within 500 feet of the
area that is subject to the moratorium. He then stated that at the
previous meeting on September 6, 2011 Councilmember Sanderson
was qualified through a coin toss to participate in this matter and may
continue to act on this matter so long as it becomes before the
council. Mayor Herfert confirmed that this item requires a 4/5 vote
of the entire legislative body due to it being an urgency ordinance.
Councilmember Armbrust did not participate in this matter and left the dais at 7:30 p.m.
Planning Director Jeff Anderson gave a brief report stating that on
September 6, 2011, a 45 day moratorium was adopted by Council
prohibiting the construction of guest houses or other similar types of
habitable space additions, sports courts, tennis courts, or swimming
pools that could be distressing to horses and create a danger to riders
on the rear lower portion of the subject properties. The subject
properties are 10 single family lots on the north side of Vanderhoof
Drive.
Staff is proposing the adoption of an ordinance to extend the
moratorium for an additional 10 months and fifteen days, expiring
September 6, 2012. The purpose of the moratorium is to complete
the research and study session with the Planning Commission and,
following the creation of a code amendment to create an equestrian
overlay zone and zone change, bring them back for Council review
and approval. He then offered to answer any questions.
Public testimony Lloyd Johnson, West Covina resident, questioned the consideration
given to different property owners stating that a resident should be
allowed to put in a swimming pool as long as it meets code. Mr.
Johnson expressed his concern that the council is favoring one group
of residents and not another and feels there needs to be a
compromise.
Close testimony There being no one else wishing to address Council, Mayor Herfert
closed the public testimony portion of the hearing.
Mayor Herfert explained that the purpose of tonight's ordinance is to
extend the moratorium giving time to study the issue as building
structures [in the lower area] have the potential to harm or scare the
animals.
Comments by councilmembers followed. City Manager
Pasmant also mentioned increased use of the service road and bridle
trail which would also create a hazardous environment for the horses
and riders.
Motion Motion by Sanderson and seconded by Lane to adopt the following
urgency ordinance. Motion carried by 4 — 0.
Ordinance No. 2221 ORDINANCE NO. 2221 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
EXTENDING THE TERMS OF PROVISIONS OF ORDINANCE
NO. 2220 FOR AN ADDITIONAL PERIOD OF TEN MONTHS
AND FIFTEEN DAYS, PROHIBITING CONSTRUCTION OF
GUEST HOUSES, HABITABLE SPACE ADDITIONS, SPORTS
COURTS, TENNIS COURTS, SWIMMING POOLS AND OTHER
SIMILAR TYPES OF IMPROVEMENTS ON THE REAR,
LOWER PORTION OF THE CITY PENDING COMPLETION OF
STUDY AND REPORT BY THE PLANNING COMMISSION
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City Council/CDC'Minutes October 04, 2011
PERTAINING TO THE PROPER CONDITIONS AND
REGULATIONS FOR SUCH USES, DECLARING THIS AN
INTERIM ZONING ORDINANCE, AND SETTING FORTH
FACTS CONSTITUTING THE SAME AS AN URGENCY
ORDINANCE
Councilmember Armbrust returned to the dais at 7:41 p.m.
Item 11 — Tattoo Code Amendment Mayor Pro Tern Touhey revisited the Tattoo Code Amendment
inquiring about the footage requirement for permanent make-up vs.
the footage requirement for tattooing. Mr. Anderson responded that
permanent make-up is a separate type of use.
ADJOURNMENT. Motion by Herfert and seconded by Lane to adjourn the meeting in
memory of:
• Jenny Renne, mother of Susan Renne, a long time West
Covina resident and Nancy Tragarz, Walnut City
Councilmember
• Betsy Christensen, daughter of retired Police Corporal Gary
and Julie Christensen
Motion carried by 5 — 0.
itted bye.. '
nt i ity Cierk-Susan Rush
Mayor Steve
on