09-21-2004 - Regular Meeting - MinutesLl
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MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
September 21, 2004
Mayor Miller called to order the regular meeting of the West Covina City Council at 7:07 pm in the City
Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Rev. John Foye of Christ Fellowship Church
PLEDGE OF ALLEGIANCE Led by Councilmember Hernandez
ROLL CALL Mayor Miller, Mayor Pro Tern Sanderson,
Councilmembers: Herfert, Hernandez, Wong
Others Present: Pasmant, Alvarez-Glasman, Fields, Freeland, McIsaac, Yauchzee,
Hoppe, Wills, Tedesco, Elliott, Paul, Smilowitz, Semblantes,
Anderson, Hauser, Genovese, Chung, Lee, Rush
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman report that the special meeting
commenced at 6:12 p.m. with all members present. All items
scheduled were announced for inclusion prior to commencing the
meeting with the exception of one item on the City Council
agenda, Conference with Legal Council — Existing Litigation,
Keith Ehlers vs. City of West Covina, which would not be heard
tonight.
On the City Council agenda regarding 1) existing litigation,
Daniel Brooks vs. City of West Covina, a briefing was given by
legal counsel, direction and authority was provided to staff, no
final action taken, nothing to report; 2) a briefing and direction was
provided regarding one liability claim, no final action, nothing
further to report; 3) direction was given to staff regarding the
property at 1444 West Garvey Avenue South to give an extension
to the exclusive negotiating agreement for 150 day period. This
item will be returned in open session at a later date.
Regarding one CDC item, the property located at the
northeast quadrant of Amar Road/Azusa Avenue, West Covina
Sportsplex Site, with negotiating party of Giltner Realty, direction
was provided to staff, no final action taken, nothing to report. The
CDC will reconvene following the regular City Council meeting to
hear the remaining three items.
CHANGES TO THE AGENDA City Manager Pasmant announced that staff will be recommending
that item D-2, pertaining to Code Amendment 03-03, Parking of
Accessory Recreation Vehicles, be canceled and staff will
readvertise and reschedule for a later date. Council action will be
required on the item.
APPROVAL OF MINUTES The following sets of minutes were approved as amended, noted
below:
Special meeting of September 7, 2004
Regular meeting of September 7, 2004 (amended to reflect
an added statement relating to the amended motion regarding the
increase in parking fines from the proposed $10 to $15 and Police
Chief Wills comments).
PRESENTATIONS Mayor Miller requested the airing of the Blue Star Video.
Following the video, Mayor Miller, assisted by Fire Chief Richard
Council Minutes 9-21-04
Elliott, recognized Firefighter/Paramedic Doug Montgomery who
was named Paramedic of the Year by Queen of the Valley
Hospital.
With the assistance of Police Chief Wills, Mayor Miller introduced
the West Covina SWAT Team, who took I" place in the
SWAT/SKIDDS Competition in Oxnard. Certificates were
presented to:
Officer Donald Preston Officer Mark Akiyoshi
Officer Huston Clements Officer Douglas Murray
Officer Jeffrey Munn Officer Keith Shishido
Officer Tony Cortina and K-9 Ricky
Mayor Miller, assisted by Police Chief Wills, recognized Police
Commander Darrell Myrick who earned 5 medals in the Police and
Fire Olympic Games this past summer.
Mayor Miller presented a proclamation to Diann Paul, from
Environmental Management, designating the week of October 4-8
as Ride Share Week.
Al Dunn, Chairman of White Cane Day, Khan Kayum, President
of the West Covina Lions, along with fellow Lion members
accepted a proclamation from Mayor Miller, which proclaimed
October 1 st, & 2"d as White Cane Days.
Mayor Miller stated that the scheduled ACE project Video would
not be aired this evening, but would be aired at a later date.
ORAL, COMMUNICATIONS Cookie Nance, West Covina resident, commented on the making
of wise financial decisions.
Herb Redholtz, West Covina resident, applauded the timely clean-
up of graffiti on the south side of town after reporting it and
suggested more police presence in areas of repeat graffiti as a
possible deterrent to the responsible persons.
Councilmember Herfert commented on other cities policies and
suggested possibly publicizing names of offenders such' as other
cities.
John Scheuplein, West Covina resident, remarked on the
importance of affordable housing and the need.
Mayor Miller requested staff to plan for a study session with the
City Council and public to discuss options for affordable housing.
CONSENT CALENDAR Ordinance for Adoption (waive reading & adopt
Creation of Neighborhood Parking Protection Zones
Ordinance 2118 Recommendation to adopt the following ordinance:
Neighborhood Protection Zones ORDINANCE NO. 2118 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE CITY COUNCIL TO ESTABLISH
• NEIGHBORHOOD PARKING PROTECTION ZONES FOR
THE ENHANCEMENT OF PARKING PENALTIES ON
DESIGNATED STREETS AND PORTIONS THEREOF
Claims Against the City (deny & notify claimant)
• Ivan Rojas vs. City of West Covina
• Michael A. Burrola Vs. City of West Covina
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Miscellaneous — City Clerk's Office
Destruction of Documents as Prescribed by Law
Recommendation is to adopt the following resolution:
Resolution 2004-75 RESOLUTION NO. 2004-72 — A RESOLUTION OF THE
Destruction of Documents CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, AUTHORIZING THE DESTRUCTION OF
CERTAIN DOCUMENTS AS PRESCRIBED BY LAW
Miscellaneous — Police Department
Advisory Board Recommendations for 2004-06 BJA Local Law
Enforcement Block Grant
BJA Grant Approval Recommendation is to take the following actions:
1. Approve the spending breakdown of the 2003-05 BJA Local
Law Enforcement Block Grant, including the required cash
match (a total of $34,126) and appropriate the funds as follows:
• $19,126 into 192.31.3110.7160 for unfunded public safety
equipment needs, including ballistic safety items, some
weapons components, and traffic enforcement equipment.
• $15,000 into 192.31.3110.5112 for part-time positions
working backgrounds, professional standards, forensics,
etc.
2. Accept the $30,713 federal grant, and authorize the transfer of
$3,413 from previously budgeted Police funds (Fund 110) to
Fund 192 as the required local cash match.
3. Authorize the future appropriation of interest earned under this
grant. (The interest must, according to grant rules, be spent on
these activities by the end of the grant period, or be returned to
the federal government)
Continuing FAST program Continuation of FAST Helicopter Program
Recommendation is to take the following actions:
1. Authorize the payment of $70,408 to the City of Pasadena for
continued participation in the FAST Helicopter program during
FY 2004-05, using State and federal asset forfeiture funds.
2. Appropriate $54,503.25 from the federal DER asset forfeiture
(Fund 117) fund balance to 117.31.3110.7160 and $15,904.75
from the State asset forfeiture (Fund 116) fund balance to
116.31.3110.7160.
CONSENT CALENDAR ACTION Mayor Miller stated that he would abstain from item C-2 due to
conflict of interest as his home is in the subject area.
Motion by Wong and seconded by Herfert to waive further reading
of the ordinance and resolution and adopt; and approve all items
listed on the Consent Calendar except C-4c. Motion carried by roll
call vote:
AYES: Herfert, Hernandez, Sanderson, Wong, Miller
NOES: None
ABSTAIN: Miller (on item C-2 only)
Item C-4c Continuation of FAST Helicopter Program — Police Chief Wills
presented the staff report. Council discussed options of other
helicopter programs and termination requirements of current
agreement. Councilmember Hernandez requested that the police
department continue looking into El Monte's proposal.
Councilmember Wong requested response times of other cities in
the JPA.
Motion by Wong and seconded by Herfert to approve the
staff recommendation. Motion carried 5-0.
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ORAL COMMUNICATIONS Mayor Miller called Tyra Mason to the podium whom he missed
calling forward during Oral Communications.
Tyra Mason Tyra Mason, West Covina resident urged resident to visit the West
Covina Farmer's Market at California and West Covina Parkway.
• Mayor Miller called to order the Community Development
Commission at 8:00 p.m. in order to conduct the joint public
hearing.
JOINT PUBLIC HEARING CONTINUED JOINT PUBLIC HEARING
Approval of a Purchase and Sale Agreement Between the City
of West Covina Community Development Commission and the
West Covina Medical Building Group for 1440 West Covina
Parkway also known as the former Wescove Theater
Purchase & Sale Mayor Miller announced that the affidavit of publication was
Former Wescove Theater verified and the hearing was opened on September 7, 2004. Mayor
Miller introduced the subject matter and Redevelopment Director
Chung presented the staff report.
Royall Brown Royall Brown, West Covina resident, spoke in favor of a
Performing Arts facility in the City and the subject site as a
location.
Public Testimony Mayor Miller asked for comment from the public in favor of the
Purchase and Sale Agreement and the following addressed
Council:
In Favor Herb Redholtz, West Covina resident
Ziad Dabuni, West Covina resident and part owner of West Covina
Medical Group (WCMG), also submitted letters in support
Suneetha Ali, WCMG employee
Van H. Doung, WCMG employee
Edmund Pascual, WCMG employee
Kathy Wright, West Covina resident and WCMG employee
Raymond Villagran, West Covina resident and WCMG employee
Laura Longley, WCMG employee, also submitted petitions from
patients of WCMG in support
Betsy Clarke, WCMG employee and patient
Carolyn McKinley, WCMG employee
Elvira Ege, WCMG employee
Kamel Azmy, WCMG employee
Darlene Torres, WCMG employee
In Opposition No one spoke in oppostion.
City Council resolution for adoption
Resolution 2004-76 Deputy City Clerk Rush presented:
Purchase/sale Wescove RESOLUTION NO. 2004-76 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA APPROVING
AND AUTHORIZING THE EXECUTION OF A PURCHASE
AND SALE AGREEMENT BY AND BETWEEN THE
• COMMUNITY DEVELOPMENT COMMISSION AND THE
WEST COVINA MEDICAL GROUP AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
Community Development resolution for adoption:
Resolution 576 Assistant Commission Secretary Rush presented:
Purchase/sale Wescove RESOLUTION NO. 576 — A RESOLUTION OF THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF WEST COVINA APPROVING AND AUTHORIZING THE
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EXECUTION OF A PURCHASE AND SALE AGREEMENT BY
AND BETWEEN THE COMMUNITY DEVELOPMENT
COMMISSION AND THE WEST COVINA MEDICAL GROUP
AND MAKING CERTAIN FINDING IN CONNECTION
THEREWITH
Council Discussion Council discussion followed supporting the retention of the West
• Covina Medical Group in the City and the sale of the Wescove
Theater site. Council concurred on incorporating the West Covina
Medical Group into a Master Plan of the Civic Center.
Councilmember Herfert stated he would support the sale if the
proceeds would pass through to the general fund.
City Council action:
Motion by Wong and seconded by Sanderson to waive further
reading of Resolution 2004-76 and adopt. Motion carried 5-0.
Community Development Commission action:
Motion by Wong and seconded by Hernandez to waive further
reading of Resolution 576 and adopt. Motion carried 5-0
Councilmember Herfert requested the pass through of the proceeds
from the sale to the general fund be agendized for the next
meeting.
CDC Adjournment Mayor Miller adjourned the Community Development
Commission at 8:50 p.m.
Mayor Miller recessed the City Council meeting at 8:50. The City
Council reconvened at 9:00 p.m. with all members present.
HEARING CONTINUED PUBLIC HEARING
Code Amendment 03-03
Parking of Accessory Recreational Vehicles, Utility Trailers,
Motor Homes and Recreational Equipment in Single -Family
Residential Zones
Mayor Miller stated that at the beginning of the meeting the City
Manager announced that staff recommends that this item be
canceled and rescheduled for a later date.
John Scheuplein John Scheuplein, West Covina resident, commented on the
notification process and suggested the use of WCCT corkboard.
Motion by Miller and seconded by Hernandez to terminate the
public hearing. Motion carried 5-0
HEARING PUBLIC HEARING
Code Amendment 04-02 — Detached Garages and Maximum
Floor Area Standards for Single -Family Homes
Deputy City Clerk Rush verified the affidavit of publication.
Mayor Miller opened the hearing and Planning Director McIsaac
presented the staff report and responded to questions from Council.
• Public Testimony Mayor Miller asked for public comments both in favor and in
opposition of the subject. None were offered.
Councilmember Wong stated that he didn't see a need to make a
change to the existing code.
Deputy City Clerk Rush presented:
Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
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Large Expansions WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26
(ZONING) OF THE WEST COVINA MUNICIPAL CODE
RELATING TO DETACHED GARAGES AND STANDARDS
FOR LARGE EXPANSIONS AND MAXIMUM UNITY SIZE
EXCEPTIONS (Code Amendment No. 04-02)
Motion by Sanderson and seconded by Herfert to waive
further reading of the ordinance and introduce. Motion carried 4-0
with Wong voting no.
HEARING PUBLIC HEARING
General Plan Amendment 04-02
Zone Change No. 04-02
Location: 2203 & 2207 E. Garvey North
Deputy City Clerk Rush verified the affidavit of publication.
Mayor Miller opened the hearing and Planning Director McIsaac
presented the staff report.
Public Testimonv Mayor Miller asked for public comments in favor of the zone
change.
Royall Brown Royall Brown, West Covina resident spoke in support of the zone
change on behalf of many seniors at the Senior Center.
Testimony Closed As there were no others wishing to address the City Council,
Mayor Miller closed the public testimony portion of the hearing.
Deputy City Clerk Rush presented
Resolution No. 2004-77 RESOLUTION NO. 2004-77 — A RESOLUTION OF THE CITY
Rezoning 2203 & 2207 E. Garvey COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING GENERAL PLAN AMENDMENT NO. 04-02
Motion by Wong and seconded by Hernandez to waive
further reading of the resolution and adopt. Motion carried 5-0.
Ordinance introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE
NO. 04-02
Motion by Herfert and seconded by Hernandez to waive
further reading of the ordinance and introduce. Motion carried 5-0.
COMMUNITY DEVELOPMENT COMMISSION
The CDC Joint Public Hearing was considered earlier with the City
Council.
DEPARTMENTAL MATTERS CITY MANAGER'S OFFICE
City Council Office
City Council Office Space Chris Freeland, Special Assistant to the City Manager, presented
the staff report responding to questions from Council.
Council discussion ensued regarding current use of Mayor's office
and its availability for Councilmembers use and the exclusive use
of an individual office. Councilmember Hernandez elaborated on
the need for private office space for privacy with residents.
John Scheuplein John Scheuplein, West Covina resident opposes individual
exclusive offices and supports a ceremonious office for the Mayor
only.
Councilmember Wong suggested that all Councilmembers receive
a key to a single office to enhance any privacy or security issues as
a compromise to exclusive use offices.
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Motion by Herfert and seconded by Sanderson to provide office
space for exclusive use by City Councilmembers if so requested.
Motion carried 3-2 with Miller and Wong voting no.
FIRE DEPARTMENT
Emergency Purchase for Four Cardiac Defibrillator/Monitors
for the City's New Ambulance Program
Cardiac Defibrillator purchase Staff report was presented by Fire Chief Elliott.
Motion by Hernandez and seconded by Sanderson to approve and
emergency purchase of four cardiac defibrillator/monitors for the
City's new ambulance program. Motion carried 5-0.
MAYOR'S REPORT Payment of San Gabriel Valley Council of Governments 2004-
2005 Dues
Payment of COG Dues Mayor Miller had requested reconsideration of the payment of the
dues to the SGVCOG be brought back before Council. Special
Assistant to the City Manager Chris Freeland presented the staff
report emphasizing additional impacts on the City of West Covina
by withdrawing from the SGVCOG.
Mayor Miller commented on the closure of trauma centers
in the importance for the San Gabriel Valley and West Covina to
support trauma services.
Mayor Miller reported that the next Council of
Governments Board Meeting is on October 21 at 6:00 p.m. and
arrangements have been made for the meeting to be held at West
Covina City Hall. The City Council was requested to make the
meeting a joint meeting, participate in discussions, and hear pros
and cons of continued membership with the COG. The Mayor
further stated that he did not expect any reconsideration until after
the meeting on October 21, this item is a status report, and
emphasized that a final decision needs to be made by the end of
October.
John Scheuplein John Scheuplein, West Covina resident commented on a recent
article in the newspaper relating to the COG.
Mayor Miller reported that he attended the League of California
Cities Annual Conference and would provide a written report at the
next meeting.
Councilmember Wong also reported he attended the
conference and discussed proposition I on the upcoming ballot.
COUNCILMEMBERS' REPORTS
Discussion on Municipal Code Sec. 2-44
(Motion to Reconsider)
Motion to Reconsider Councilmember Herfert reported his reason for agendizing this
item and requested to have brought back a reconsideration that
follows Roberts Rules of Order, which is clearer than our
municipal code reconsideration.
Councilmember Herfert made several comments on the COG, and
emphasized budget restraints of the City and balancing the budget.
John Scheuplein John Scheuplein, West Covina resident spoke on the costs of staff
time on reconsiderations and supported establishing a policy.
Councilmember Hernandez would like to see Roberts Rules of
Order protocol be incorporated in every aspect of meeting conduct.
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ADJOURNMENT Motion by Miller and seconded by Hernandez to adjourn the
meeting at 10:15 p.m. in memory of resident Richard Santell.
•Mayor Michael L. Miller
Attest:
'1.
Sue Rush
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