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03-04-2003 - Regular Meeting - Minutes• • MINUTES REGULAR MEETING WEST COVINA CITY COUNCIL MARCH 4, 2003 Mayor Pro Tern Miller called to order the regular meeting of the West Covina City Council at 7:25 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. City Manager Pasmant gave the invocation and Councilmember Wong led the Pledge of Allegiance. ROLL CALL Councilmembers Miller, Sanderson, Wong Absent: Mayor Touhey, Mayor Pro Tern Herfert Others Present: Pasmant, Alvarez-Glasman, Durbin, Yauchzee, Paul, Hoppe, Sameniego, McIsaac, Anderson, Fields, Lake, Bommarito, Greene, Bachman, Tedesco, Wills, Chung, Rush APPROVAL OF MINUTES The following sets of minutes were approved as presented: Special meeting of January 21, 2003 Regular meeting of January 21, 2003 Councilmember Miller announced that felon Michael Conklin had left West Covina at 1:30 p.m today for a location outside of Los Angeles County. Miller stated that the Police Chief would address questions regarding this issue after oral communications. Police Chief Wills made a brief statement regarding the departure of Conklin from the City and that he would be happy to speak to anyone after the meeting also. ORAL COMMUNICATIONS Ronda Forgette Ronda Forgette, 2844 Larkhill Dr., thanked the Council for their hard work in removing Conklin from the City and had related questions for Chief Wills. Roberta Azpeitia Roberta Azpeita, 1740 Oakridge Circle, commended Christine Muraida and Channel 11 in regards to Conklin. Christine Muraida Christine Muraida wanted to personally thank Councilmember Sanderson and Mayor Touhey for their efforts in removing Conklin from the City and said her daughter would like to thank all the City Councilmembers during a private meeting. Liz Dideier Liz Dideier, 3214 La Puente Rd, made a complaint about Charter Communication and requested that our Council contact the City of Pasadena cable company. Ed Casanova Ed Casanova, 809 Avington, asked what the City's plans are for civil defense coordination, (specifically public communication) and also congratulated the City Council and staff for the removal of Conklin from the City. Council Minutes of 3/4/03 • • CONSENT CALENDAR Fire Chief Greene addressed Ed Casanova's civil defense public communication issues and the City's emergency preparedness plan. Police Chief Wills answered questions regarding Conklin',,; visitation into the City and curfew. Wills stated that Conklin cannot come into West Covina, visit his parents here, or even travel on the freeway through West Covina without the California Department of Corrections approval. Wills stated that City Attorney Alvarez-Glasman scripted legislation to aid in the prevention of Conklin being able to return to West Covina. City Attorney Alvarez-Glasman provided a brief outline of the proposed legislation. Chief Wills and City Attorney Alvarez- Glasman responded to questions from Councilmember Sanderson. Commission Summary of Action (receive & file) Waste Management/Environmental Quality 02/20/03 Personnel Commission 10/9/02 Waste Management/Environmental Quality 11/21/02 Ordinances for Adoption (waive reading & adopt) Ordinance 2095 - ORDINANCE NO. 2095 — AN ORDINANCE OF THE CITY Zone Change 03-02 COUNCIL OF THE CITY OF WEST COVINA, CALII'ORNIA, APPROVING 'LONE CHANGE NO. 03-02 (Northeast Corner of Aroma Drive and Galster Way) Claims Against the City (deny & notify claimant) • Gabriela Esparza vs. City of West Covina • Gabriela Mora, a minor by her guardian, Gabriela Esparza vs. City of West Covina • Juan Mora, a minor by his guardian, Gabriela Esparza vs. City of West Covina • James & Ong Lisa Nguyen vs. City of West Covina • Interinsurance Exchange of the Automoblie Club, as subrogce of James & Ong Lisa Nguyen vs. City of West Covina Traffic Committee Minutes (accept & file) Minutes of the regular meeting of February 19, 2003 City Treasurer's Report (receive & File) Report for the month of January 2003 Miscellaneous — Community Services Approval of Request to Service Alcohol at a Wedding Reception at the Senior Center Alcohol at the Senior Center Recommendation is to approve a request by Ines and Jose/_avala to serve beer and wine at their wedding reception, scheduled for the West Covina Senior Center, on May 17, 2003 from 6:00 p.m. to 12 midnight. Approval of Request to Serve Alcohol at an Anniversary Celebration at the Senior Center Alcohol at the Senior Center Recommendation is to approve a request by Richard and Alice Hernandez to serve beer and wine at their anniversary celebration, scheduled for the West Covina Senior Center on .tune T 2003 from 6:00 p.m. until 12 midnight. 2 Council Minutes of 3/4/03 Approval of Request to Serve Alcohol at a Quincenera at the Senior Center Alcohol at the Senior Center Recommendation is to approve a request by Jorge Portillo to service beer and wine at a quinecnea, scheduled for the West Covina Senior Center, on March 29,`2003 from 6:00 p.m. until 12 midnight. Reapplication for Older Americans Act Funds Resolution No. 2003-21 Recommendation is to waiver further reading and adopt: Senior Nutrition Program RESOLUTION NO. 2003-21 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF A PROPOSAL FOR COMPETITIVE GRANT FUNDS FOR THE SENIOR NUTRITION PROGRAM Miscellaneous — Finance Finance Department Staffing Levels Full Time Account Clerk & Recommendation is that the City Council authorize the creation of Analyst I a Full Time Administrative Analyst I and an additional Full Time Account Clerk position in the Finance Department. Comprehensive Annual Financial Report CAFR Recommendation is that the City Council receive and file the City's Comprehensive Annual Financial Report for fiscal year ending June 30, 2002. CONSENT CALENDAR ACTION Motion by Wong and seconded Sanderson to waive further reading of the resolution and adopt; and to approve all other items. Motion carried by roll call vote: AYES: Miller, Sanderson, Wong NOES: None ABSENT: Herfert, Touhey Councilmember Miller stated that he requested the general fund expenditures and revenues in the Comprehensive Annual Financial Report be provided in a chart format for easier tracking purposes and that it be provided as a supplement to the CAFR. HEARING GENERAL PLAN AMENDMENT NO. 03-01 EAST HILLS MASTER PLAN AMENDMENT NO. 12 ZONE CHANGE NO. 03-01 NEGATIVE DEC. OF ENVIRONMENTAL IMPACT LOCATION: HOLT AVE. AND WEST OF GRAND AVE. Deputy City Clerk Rush verified the affidavit of publication and Councilmember Miller opened the public hearing. Planning Director Mcisaac presented the staff report. Public Testimony Councilmember Miller asked for pubic comments in favor of the proj ect. Brad Porter Brad Porter, Comstock Homes, spoke on the project, which was previously brought before Council in the fall of 2002. He offered to answer any questions that Council might have and stated that the Planning staff did a wonderful job of presenting the project to both the Planning Commission and the Council. Testimony Closed Councilmember Miller asked for comments in opposition to the project and no comments were offered. Councihnember Miller then closed the public testimony portion of the hearing. 3 Council Minutes of 3/4/03 No Council discussion was offered and Councilmember Wong asked for reading of the resolutions. Deputy City Clerk Rush presented the following: Resolution No. 2003-22 RESOLUTION NO. 2003-22 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO. 03-01, ZONE CHANGE NO. 03-01, AND ADMINISTRATIVE USE PERMIT NO. 01-01, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED Resolution No. 2003-23 RESOLUTION NO. 2003-23 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 03-01 AND EAST HILLS MASTER PLAN AMENDMENT NO. 12. Motion by Wong and seconded by Sanderson to waive further reading of the resolutions and adopt. Motion carried 3-0. Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Zone Change 03-01 WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 03-01. Motion by Wong and seconded by Sanderson to waive further reading of the ordinance and to introduce. Motion carried by roll call vote: AYES: Miller, Sanderson, Wong NOES: None ABSENT: Herfert, Touhey HEARING APPEAL OF PLANNING COMMISSION DENIAL OF PRECISE PLAN NO. 02-18 AND VARIANCE NO. 02-12 LOCATION: 533 SOUTH GLENDORA AVENUE Deputy City Clerk Rush verified the affidavits of publication and mailing and Councilmember Miller opened the hearing. Planning Director McIsaac presented the staff report. The Planning Commission had denied the project primarily due to the design and the aesthetic appearance of the carport structures as originally proposed. Since the Planning Commissions denial of the project, the applicant had agreed to design modifications that would allow the carport to blend in with the adjacent building. Director McIsaac responded to questions regarding modifications to the carport structure in order to meet the requirement of the Planning Commission and the overall design of the structure. Public Testimonv Councilmember Miller asked for comments in favor of the project and the following addressed the Council. In Favor: Tricia Liu Tricia Liu, a representative of Symmetry Co., the installer of the . solar panels, spoke of the benefits of solar energy and addressed the modifications necessary to meet the requirements of the Planning Commission. Ms. Liu, assisted by Planning Director McIsaac, answered Councilmembers questions regarding paint color of the carport to blend with the color of the building, the slant of the solar panels, and the length and size of the carports. 9 Council Minutes of 3/4/03 • • Royall Brown Royall Brown, 2153 Aroma Dr., felt the applicant made a fair compromise and suggested the project be sent back to the Planning Commission for review of the applicants changes. In Opposition: St. James Davis St. James Davis, 616 N. Vincent Avenue, felt that carports are not generally maintained in the manner as they are initially intended. He does support solar energy. Testimony Closed Councilmember Miller closed the testimony portion of the hearing and asked for Council discussion. All Councilmembers supported the appeal and that the project did not need to go back to the Planning Commission as long as the applicant made the revisions to the carport color. Deputy City Clerk Rush presented Resolution No. 2003-24 RESOLUTION NO. 2003-24 — A RESOLUTION OF THE CITY Approving Precise Plan No. 02-18 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 02-18 ON APPEAL OF PLANNING COMMISSION DECISION Resolution No. 2003-25 RESOLUTION NO. 2003-25 — A RESOLUTION OF THE CITY Approving Variance No. 02-12 COUNCIL OF THE CITY OF WEST COVINA. CALIFORNIA, APPROVING VARIANCE NO. 02-12 ON APPEAL OF PLANNING COMMISSION DECISION Motion by Wong and seconded by Sanderson to waive further reading of the resolutions and to adopt with the condition relative to the Planning Directors approval of the paint. Motion carried 3-0. REDEVELOPMENT AGENCY Councilmember Miller recessed the City Council meeting at 8:31 pm to convene the Redevelopment Agency meeting. The City Council reconvened at 8:32 pm with all members present. DEPARTMENTAL MATTERS ENVIRONMENTAL MANAGEMENT BKK Landfill Motion by Wong and seconded by Sanderson to waive start' presentation and to receive and file the report. Motion carried 3-0. Athens Services Multi -Family Rate Review Motion by Wong and seconded by Sanderson to hold this item over until the first meeting in April and with a full Council Motion carried 3-0. Athens Services Franchise Agreement Extension of the 12- Year Term Motion by Sanderson to also hold this item over until a full Council meets. Motion by Wong and seconded by Miller send a letter Athens Services terminating the one year extension. Councilmember Wong explained his reason for the motion: At the end of the 12 year agreement, the City will be able to go out to bid for services to get the best possible trash rates. 5 Council Minutes of 3/4/03 Councilmember Sanderson stated that she requested this item to be held over for a full Council because she felt it would be important for the full Council to be present for this issue as well as the earlier item regarding the Multi -Family Rate Review and that if that is not acceptable she will have to excuse herself. Councilmember Miller called for a vote. Motion carried 2-1. Sanderson left at 8:30 p.m. City Attorney Alvarez-Glasman stated that at this point there wasn't a quorum now that Councilmember Sanderson excused herself from the meeting. Councilmember Wong asked for a legal opinion since Councilmemeber Sanderson had not left at the time of the vote. ITEMS HELD OVER Councilmember Miller stated that due to lack of quorum the following remaining items of the Agenda would be held over and the meeting was adjourned: ADJOURNMENT Attest: Deputy City Clerk S ush 1. Southern California Association of Governments City Council Leadership Liaison Meetings 2. Southern California Leadership Summit on Gun trafficking 3. Objections to Charter Communications Rate Increases 4. Sex Offender Michael Conklin Update Councilmember Miller adjourned the meeting at 8:31 p.m. announcing that there was a lack of a quorum. 6