Loading...
09-21-2004 - Regular Meeting - MinutesLl • 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 2 • • Council Minutes 9-21-04 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. 3 Council Minutes 9-21-04 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 rd Council Minutes 9-21-04 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 5 Council Minutes 9-21-04 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. G] Council Minutes 9-21-04 • • 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. 7 Council Minutes 9-21-04 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 • 9