11-05-2019 - Regular Meeting - MinutesWEST CON
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY/COMMUNITY
SERVICES FOUNDATION
NOVEMBER 5, 2019, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
MINUTES
CALL TO ORDER
A Regular Meeting was called to order by Mayor Johnson on Tuesday, November 5, 2019 at
7:04 p.m. in the Council Chamber, 1444 West Garvey Avenue South, West Covina, California
ROLL CALL
Councilmembers
Present: Council Members Dario Castellanos, Letty Lopez-Viado, Jessica C. Shewmaker,
Mayor Pro Tem Tony Wu, Mayor Lloyd Johnson
Councilmembers
Absent: None
City Staff: David Carmany City Manager, Mark Persico Assistant City Manager, Thomas P.
Duarte City Attorney, Carrie Gallagher Assistant City Clerk; other city staff
presented reports and responded to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCE
Councilmember Shewmaker led the Pledge of Allegiance.
REPORTING OUT FROM CLOSED SESSION
11/5/19 CC Regular Meeting Minutes
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
West Covina Firefighter's Association IAFF Local 3226, et al., v. City of West Covina, et al.,
(US District Court, Case No. 2:19-cv-01466)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Rodriguez v. City of West Covina (US or LA Superior Court Case No) 2:17-cv-0138 CBM (JCx)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Juanita Franco, et al. v. City of West Covina (United States District Court Case No. 2:19-cv-
01385-JAK-RAO)
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Pursuant to Government Code 54956.9(d)(4)
Number of Cases: One (1)
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code & 54956.8
Property: 700 & 750 Pads APN# 8735-001-010, 8735-001-011, 8735-001-012, 8735-001-013,
8735-001-014, AND 8735-001-015
Agency Negotiator: Carmany, Persico, Anderson, Morales, Duarte
Negotiating Parties: M&A Gabaee
Under Negotiation: Terms of Purchase and Sale Agreement
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code & 54957.6
City Negotiators: Carmany, Persico, Tran, Duarte
Employee Organizations
Confidential Employees
Maintenance & Crafts Employees
Non -Sworn
W.C. Police Officers' Association
W.C. Firefighters' Management Assoc.
Unrepresented Employee Group
- Department Heads
General Employees
Mid -Management Employees
W.C. Police Management Association
City Attorney Thomas P. Duarte reported regarding West Covina Firefighters' Association 4-0-1
(JOHNSON: ABSTAIN) Council directed staff to pay plaintiff $290,000 in exchange plaintiff's
agreed to dismiss the lawsuit; regarding Juanita Franco, et al on a vote of 5-0 Council directed
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staff to pay plaintiff $49,050 in exchange to dismiss the lawsuit; regarding Potential Litigation
on a vote of 5-1 Council directed staff to initiate litigation and the identity of the defendant will
be disclosed when the action is filed; lastly, regarding Rodriguez vs. City of West Covina, on a
vote of 5-0 Council agreed to pay plaintiff $800,000 in exchange, the plaintiffs agreed to dismiss
the lawsuit.
PRESENTATIONS
Fire Prevention Week Poster Contest Winner
ORAL COMMUNICATIONS
Speaker:
Elsie Messman
Herb Redholtz
Sherrie Berillon
Daniel Luevanos
Jerri Potras
Jim Grivich
Angie Gillingham
Bill Robinson
---End of Public Comment —
CONSENT CALENDAR
ACTION: MOTION BY MAYOR PRO TEM WU AND SECONDED BY
COUNCILMAN CASTELLANOS, CARRIED 5-0 to: approve Consent Calendar Items 1,
3-4, and 6-12.
ACTION: MOTION BY COUNCILMAN CASTELLANOS AND SECONDED BY
COUNCILWOMAN LOPEZ-VIADO, CARRIED BY CONSENSUS 5-0 to: approve
Consent Calendar Item 2. (Item 2 was pulled by Mayor Johnson for separate discussion.)
ACTION: MOTION BY COUNCILWOMAN LOPEZ-VIADO AND SECONDED BY
COUNCILMAN CASTELLANOS, CARRIED 3-1-1 (SHEWMAKER: NO, JOHNSON:
ABSTAIN) to: approve Consent Calendar Item 5. (Item 5 was pulled by Council Member
Shewmaker for separate discussion.) Mayor Johnson recused himself and left the dais at
7:45 p.m. and returned at 8:22 p.m.
APPROVAL OF MEETING MINUTES
OCTOBER 1, 2019 CITY COUNCIL/SUCCESSOR AGENCY REGULAR
MEETING MINUTES
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OCTOBER 15, 2019 CITY COUNCIL/SUCCESSOR AGENCY CLOSED
SESSION MEETING MINUTES
OCTOBER 15, 2019 CITY COUNCIL/SUCCESSOR AGENCY/COMMUNITY
SERVICES FOUNDATION REGULAR MEETING MINUTES
CARRIED 5-0 to: receive and file the minutes of October 1, 2019 Regular Meeting
Minutes, the October 15, 2019 Closed Session Meeting Minutes and the October 15,
2019 Regular Meeting Minutes.
INVESTMENT REPORT
2) CONSIDERATION OF INVESTMENT REPORT FOR THE MONTH ENDED
SEPTEMBER 30, 2019
CARRIED 5-0 to: receive and file the Investment Report for the month ended
September 30, 2019.
CITY MANAGER'S OFFICE
3) CONSIDERATION OF APPLICATION FOR SENATE BILL 2 PLANNING
GRANTS PROGRAM FUNDS
CARRIED 5-0 to: adopt the following resolution:
RESOLUTION NO.2019-85 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING APPLICATION
FOR, AND RECEIPT OF, SENATE BILL 2 PLANNING GRANTS PROGRAM
FUNDS, AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE THE STATE'S STANDARD AGREEMENT AND ALL DOCUMENTS
NECESSARY TO ACCEPT SUCH FUNDS
4) CONSIDERATION OF APPOINTMENT OF LLOYD JOHNSON AS
REPRESENTATIVE TO EXTERNAL ADVISORY BOARD - SAN GA13RIEL
VALLEY MOSQUITO & VECTOR CONTROL DISTRICT
CARRIED 5-0 to: confirm the Mayor's appointment to the San Gabriel Valley Mosquito
& Vector Control District.
5) CONSIDERATION OF THE WEST COVINA FIREFIGHTERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING
CARRIED 3-1-1 (SHEWMAKER: NO, JOHNSON ABSTAIN) to: approve the
Firefighters' Association Memorandum of Understanding Side Letter from January 1,
2017 until June 30, 2022.
COMMUNITY DEVELOPMENT
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6) CONSIDERATION OF MINUTES OF THE SEPTEMBER 10, 2019 TRAFFIC
COMMITTEE MEETING
CARRIED 5-0 to: receive and file the attached minutes of the Traffic Committee
meeting of September 10, 2019.
7) CONSIDERATION OF RELEASE OF FAITHFUL PERFORMANCE AND
LABOR AND MATERIAL BONDS FOR 2928 E. CORTEZ STREET
CARRIED 5-0 to: accept all on -site and off -site improvements for 2928 E. Cortez Street
and authorize the release of Faithful Performance and Labor and Material Bonds in the
amount of $24,379 and $1,500 respectively.
HUMAN RESOURCES
8) CONSIDERATION OF GOVERNMENT TORT CLAIMS
CARRIED 5-0 to: deny the following Government Tort Claims and the claimants be
notified:
• Patricia Lopez vs. The City of West Covina
• Gregory Taylor vs. The City of West Covina
• Great Western ASO Hite Trucking vs. The City of West Covina
• AAA ASO Christina Kowalesky vs. The City of West Covina
• John Blanco vs. The City of West Covina
• Laura Navarro vs. The City of West Covina
• Western General ASO Rosa Ballon vs. The City of West Covina
• Sergio Garcia vs. The City of West Covina
• Larry Whithorn vs. The City of West Covina
• John Carrillo vs. The City of West Covina
9) CONSIDERATION OF RESOLUTION ESTABLISHING THE NEW
CLASSIFICATION OF CODE ENFORCEMENT MANAGER
CARRIED 5-0 to: take the following actions:
RESOLUTION NO.2019-87 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING THE CODE
ENFORCEMENT MANAGER JOB CLASSIFICATION AND ESTABLISHING
THE CLASSIFICATION SPECIFICATION AND SALARY RANGE FOR SAID
CLASSIFICATION
10) CONSIDERATION OF RESOLUTION APPOINTING THE CITY OF WEST
COVINA'S PRIMARY REPRESENTATIVE TO THE BIG INDEPENDENT
CITIES EXCESS POOL (BICEP) BOARD OF DIRECTORS
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CARRIED 5-0 to: adopt the following resolution:
RESOLUTION NO.2019-88 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING A PRIMARY
REPRESENTATIVE TO THE BIG INDEPENDENT CITIES EXCESS POOL
(BICEP) BOARD OF DIRECTORS
11) CONSIDERATION OF ENGAGEMENT OF IRELL & MANELLA LLP IN
CONNECTION WITH BRILEY V. CITY OF WEST COVINA MATTER
CARRIED 5-0 to: authorize the City Manager to negotiate and execute any documents
necessary for the continued engagement of Irell & Manella LLP to provide legal counsel
to the City in connection with the Briley v. City of West Covina matter.
PUBLIC SERVICES
12) SUMMARY OF ACTIONS FOR THE COMMUNITY AND SENIOR SERVICES
COMMISSION MEETING OF MAY 14, 2019.
CARRIED 5-0 to: receive and file the Summary of Actions for the May 14, 2019,
regular meeting of the Community and Senior Services Commission.
END OF CONSENT CALENDAR
HEARINGS
PUBLIC HEARINGS
13) PUBLIC HEARING REGARDING A GENERAL PLAN AMENDMENT, ZONE
CHANGE, AND ENVIRONMENTAL IMPACT REPORT FOR EXPANSION OF
EMANATE HEALTH QUEEN OF THE VALLEY HOSPITAL
Mayor Johnson announced the Public Hearing matter, Assistant City Clerk Gallagher verified
that proper legal notice was given, and Mayor Johnson opened the Public Hearing. Community
Development Director Jeff Anderson introduced the item and John Moreland with KTGY and
Kent Norton with Psomas presented the staff report with the use of a PowerPoint presentation.
Staff responded to questions from Council.
Mayor Johnson opened the public hearing at 8:45 p.m.
Public Comments in Favor
Chip Riddle of Emanate Health
Public Comments in Opposition
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None
---End of Public Comment ---
Mayor Johnson closed the public hearing at 9:00 p.m.
ACTION: MOTION BY COUNCILMEMBER SHEWMAKER AND SECONDED BY
MAYOR JOHNSON, CARRIED 4-1 (WU: NO) to: adopt the following Resolution No. 2019-
82.
ACTION: MOTION BY COUNCILMEMBER SHEWMAKER AND SECONDED BY
MAYOR JOHNSON, CARRIED 4-1 (WU: NO) to: adopt the following Resolution No. 2019-
83.
ACTION: MOTION BY COUNCILMEMBER SHEWMAKER AND SECONDED BY
MAYOR JOHNSON, CARRIED 4-1 (WU: NO) read the title of Ordinance No. 2461, waive
further reading, and introduce the ordinance:
RESOLUTION NO.2019-82 — A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE FINAL PROGRAM
ENVIRONMENTAL IMPACT REPORT (SCH# 2018101068), ADOPTION OF A
MITIGATION MEASURE AND REPORTING PROGRAM, ADOPTING A
STATEMENTS OF OVERRIDING CONSIDERATIONS FOR GENERAL PLAN
AMENDMENT NO.18-02 AND ZONE CHANGE NO. 17-02, PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED.
RESOLUTION NO.2019-83 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT NO. 18-02, RELATED TO CHANGING THE LAND USE
DESIGNATION OF THE PARCEL LOCATED AT 1615 W. MERCED AVENUE FROM
"PARKS AND OPEN SPACE" TO "COMMERCIAL"
ORDINANCE NO. 2461— AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.17-02,
RELATED TO THE ADOPTION OF THE QUEEN OF THE VALLEY HOSPITAL
SPECIFIC PLAN
MAYOR/COUNCILMEMBERS REPORTS
14) REQUEST FROM COUNCILWOMAN LETTY LOPEZ-VIADO REQUESTING
THE CITY COUNCIL'S CONSIDERATION TO DIRECT STAFF TO EXPLORE
OPTIONS FOR ENFORCEMENT OF ILLEGAL FIREWORKS AND FOURTH
OF JULY EVENT
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ACTION: to: direct staff to bring back options in the form of a staff report at a future
City Council meeting.
15) REQUEST FROM COUNCILWOMAN LETTY LOPEZ-VIADO REQUESTING
THE CITY COUNCIL'S CONSIDERATION TO DIRECT STAFF TO REVIEW
PARK MASTER PLANS TO ADDRESS RECREATIONAL USES AND SAFETY
AT CITY PARKS
ACTION: to: direct staff to bring back options in the form of a staff report at a future
City Council meeting.
CITY COUNCIL COMMENTS
None
ADJOURNMENT
The Regular Meeting was adjourned at 9:33 p.m., by Mayor Johnson. The next regularly
scheduled Regular City Council Meeting will be held on Tuesday, November 19, 2019 at 7:00
p.m. in the Council Chamber, 1444 West Garvey Avenue South, West Covina, California.
Submitted by:
" � (J-� I '1�
Carrie Gallagher, CMC
Assistant City Clerk
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