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02-05-2013 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL February 05, 201.3 Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:00 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Mayor Shelley Sanderson PLEDGE OF ALLEGIANCE Mayor Pro Tern Herfert ROLL CALL Mayor Sanderson, Mayor Pro Tern Herfert, Councilmembers Sotelo, Sykes REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: Prior to convening into closed session, all items on the City Council agenda were announced. for inclusion in the" closed session discussion; all members of the Council were present. Alvarez-Glasman reported that public comments were received from two speakers. Following Public Comments, the City Council recessed into Closed Session. Items on the agenda: Conference with Legal Counsel - Existing Litigation — West Covina Improvement Association v. City of West Covina, et al. — Alvarez-Glasman reported that a briefing was provided by the City Attorney's office with all four members present with no final action taken; however, there was a motion to continue to an adjourned special meeting on Thursday, February 7, 2013 at 5:00 p.m. in the City Manager's Conference Room with the Public Comment portion having been completed. CHANGES TO THE AGENDA None. PRESENTATIONS Mayor Sanderson called forward the following 2012 Volunteers of the Year to be recognized for their service to the community: • Norma Marx Community Services Volunteer • Carolyn Laskowsky Recreation Services Volunteer • John Hughes Senior Services Volunteer ORAL COMMUNICATIONS Ross Cusimano Ross Cusimano, West Covina resident, addressed code enforcement violation in which he was cited. Public works Director Yauchzee provided a brief background of the violation. Herb Redholtz Herb Redholtz, West Covina resident, addressed a newspaper article regarding Fire Chief Segalla leaving the City for another jurisdiction and suggested the City analyze the prospect of fire and police as a Public Safety department with one department head; addressed local car dealership; and asked the Council that his letter of interest for the City Council vacancy be considered. John Shewmaker John Shewmaker, West Covina resident, addressed Council vacancy and qualities/qualifications of several of the residents who submitted letters of interest. City Council Minutes of February 5, 2013 Elsie Messman Elsie Messman, West Covina resident, addressed la rumor of an individual for Council vacancy; addressed the appointment of Chris Chung as the new City Manager. Don Overlin Don Overlin, West Covina resident, addressed gun violence and spoke on a gun buy-back program requesting the Council implement a buy-back program. Lloyd Johnson Lloyd Johnson, West Covina resident, addressed Item D-6c of the November 6, 2007 Council minutes and Item D-4d of the November 20, 2007 Council minutes regarding supplemental retirement plans. Robert Kunza Robert Kunza, West Covina resident, addressed the Council regarding his interest in filling the City Council vacancy and briefly shared his background.. Anthony Naranjo Anthony Naranjo, West Covina resident, addressed ihis submittal of a letter of interest to fill the vacant Council seat and shared his background and qualifications. Philip Moreno Philip Moreno, West Covina resident, addressed the City budget in connection with Council benefits and needed Fire equipment. Boris Duarte Boris Duarte, West Covina resident, addressed candidate qualifications to fill the vacancy and requested the Council make the best selection for the City. Shirley Buchanan Shirley Buchanan, West . Covina resident, thanked the City Manager Chris Chung for his written response to her question regarding $12 million dollars of the City's money; thanked Fire Chief Segalla for his service to the community; addressed recent newspaper article which spoke of the aging fire vehicles and equipment. Alfred Williams Alfred Williams, West Covina resident, addressed candidates for appointment to the vacant Council seat and the perception implied by their residency. Irene Fleck Irene Fleck, West Covina resident, announced upcoming Library events; suggested flying the West Covina flag during the upcoming Anniversary of the City. CONSENT CALENDAR 1) Minutes 2) Community/Senior Services 3) Human Resources Commission 4) Senior Citizens Commission Approval of Meeting Minutes (receive & file) Special City Council Meeting Minutes of October 16, 2012 Regular City Council Meeting Minutes of October 16, 2012 Commission Summary of Actions (receive & file) Community Services Commission — March 13, 2012 Human Resources Commission — November 14, 2012 Senior Citizens Commission — February 23 and April 26, 2012 Ordinances for Adoption 5) Ordinance for Adoption Zone Change 120-01 Brandywine Homes at Valinda Brandywine Homes Zone Change No. 12-01 Recommendation is that the City Council adopt the following ordinance: 2 City Council Minutes of February 5, 2013 Ordinance No. 2242 ORDINANCE NO. 2242 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 12-01 6) Traffic Committee Meeting Minutes (accept & file) Traffic Committee Minutes Traffic Committee Meetinp- Minutes of January 15, 2013 L Request: City Initiated Review school signage, pavement markings, and striping for Hollingworth Elementary School. Traffic Committee Recommendations: That school crosswalk markings, be repainted at Hollingworth Street and Sentous Avenue, Ferntower Avenue and Hollingworth Street, and Ferntower Avenue and Quinnel Drive. That "Slow School Xing" pavement messages on northbound and southbound Ferntower Avenue at Quinnel Drive be (repainted. That a four -inch solid yellow stripe be installed on the eastbound and westbound approaches of Hollingworth Street at Sentous Avenue and install school advance warning Assembly "D". That school crossing warning Assembly "B" be relocated next to the school crosswalk. 11 That Stop Ahead sign and pavement message be installed on the southbound approach of Ferntower Avenue at Hollingworth Street and install stop bar four feet from the school crosswalk. That school advance warning Assembly "D" be installed on the westbound approach of Hollingworth Street at Ferntowner Avenue. That existing school speed limit Assembly "C" be changed from 25 miles per hour to 15 miles per hour on Hollingworth Street. IL Request: Elsie Messman, West Covina Resident That no parking on street sweeping days be implemented on every Friday of each month from 9:00 a.m. to 3:00 p.m. on the following street segments. FStreet Name ... From, . " To Patty Court Patricia Street End of Street Pauline Street Patricia Street Priscilla Drive° Pauline Street Priscilla Drive Paula Street Pearl Court Penny Street End of Street Penny Street Priscilla Drive End of Street II Phoebe Court Petunia Street End of Street Pele Court Petunia Street End of Street Traffic Committee Recommendations: That no parking on street sweeping days be implemented on every Friday of each month from 9:00 a.m. to 3:00 p.m. on the following street segments. 3 City Council Minutes of February 5, 2013 Patty Court Patricia Street End of Street Pauline Street Patricia Street Priscilla Drive Pauline Street Priscilla Drive Paula Street Pearl Court Penny Street End of Street Penny Street Priscilla Drive End of Street Phoebe Court Petunia Street End of Street Pele Court Petunia Street End of Street That the existing no parking on street sweeping "days restriction time interval be changed from 7:00 a.m. to 3:00 p.m. to 9:00 a.m. to 3:00 p.m. on Peggy Court from Pauline Street to the end of the street. 7) Treasurer's Report (receive & file) Treasurer's Report City Treasurer's Report for the Month of December 2012 Fire Department 8) City of West Coving Update on Emergency Preparedness Emergency Preparedness Recommendation is that the City Council receive and file this informational report. Human Resources Department 9) Resolution Fixing the Employer's Contribution under the Public PERS Employer Contribution Employees' Medical and Hospital Care Act Recommendation is that the City Council adopt the following resolution to ensure the City's compliance with the Public Employees' Medical and Hospital Care Act (PEMCHA) fixing the City's medical contribution for employees and retirees. Approval of Revised Classification Specification for Police 10) Commander Police Commander Classification Recommendation is that the City Council adopt the following resolution: Resolution No. 2013-4 RESOLUTION NO. 2013-4 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA," CALIFORNIA, APPROVING THE REVISED CLASSIFICATION FOR POLICE COMMANDER Public Works Department Lot Line Adjustment No. 178 11) 3101, 3109, and 3117 East Garvey Avenue North Lot Line Adjustment No. 178 LA Fitness Recommendation is that the City Council adopt the following resolution: Resolution No. 2013-5 RESOLUTION NO. 2013-5 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO: 178 AT 3101, 3109, AND 3117 EAST GARVEY AVENUE NORTH AND DIRECTING THE RECORDATION THEREOF (WEST COVINA LANDOWNERS LLC) Lot Line Adjustment No. 179 12) 5101 and 4111 South Nogales Street Lot Line Adjustment No. 179 Retail Center Recommendation is that the City Council adopt the following resolution: 4 City Council Minutes of February 5, 2013 Resolution No. 2013-6 RESOLUTION NO. 2013-6 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 179 AT 4101 AND 4111 SOUTH NOGALES STREET AND DIRECTING THE RECORDATION THEREOF (BUTA BUDDHIAM RESEARCH CENTER AND CHI LI HOU) CONSENT CALENDAR ACTION Motion by Herfert and seconded by Sykes to approve all items listed on the Consent Calendar as presented. Motion carried 4 — 0. PUBLIC HEARINGS Appeal Hearing Appeal of Planning Commission Deemed Denial of an Application for Variance No. 12-09 and Administrative Use Permit No. 12-19 Categorical Exemption 13) Location: 3008 Cordova Court 3008 Cordova Court Variance Applicant: Eliazar Becerra/Barbara Ma Mayor Sanderson announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Sanderson then proceeded to open the hearing and Planning Director Anderson presented the staff report. The applicant is appealing the Planning Commission's deemed denial [2 — 2 vote] for approval to legalize unpermitted structures on the property that include an addition to the first floor and adding a second floor; and a guesthouse that exceeds the maximum size allowed. The appeal includes a request for a variance to reduce the required side yard setback to allow an addition to the first floor; and the approval of an Administrative Use Permit to allow the addition to the second floor. The applicant is aware they must obtain building permits and complete the inspection process and that the guest house will need to be removed or modified to comply with zoning code requirements. Anderson then offered to answer questions. Councilmember Sotelo inquired as to whether, the guest house/gyre would be brought back up to code and Anderson responded that they would either need to be removed or modified. Mayor Sanderson asked for clarification on the 10 foot side yard setback and Anderson confirmed that the applicant is asking it be reduced to 7 feet 2 inches, which would legalize the first floor addition. Councilmember Sykes inquired about the City's liability if there was slope or structure failure. Public Works Director Yauchzee responded. Public testimony Mayor Sanderson proceeded to open the public comment portion of the appeal hearing and called for speakers In Favor of the project. In Favor Barbara Ma, property owner, stated she would comply with all requirements to legalize the structures. Ellen Maietta, West Covina resident and neighbor to Ms. Ma, spoke in support of her neighbor's project and reliability to comply stating she has never had any complaints about her neighbor. Mayor Pro Tern Herfert reported seeing the property and felt the solution was acceptable and was glad to hear her neighbor's comments of there being no complaints against the owner or against her property. 5 City Council Minutes of February 5, 2013 -Mayor Sanderson thanked the owner and neighbor for bringing the matter forward. Assistant City Clerk presented: Resolution No. 2013-7 RESOLUTION NO. 2013-7 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING VARIANCE NO. 12-09 TO REDUCE THE REQUIRED 10-FOOT SIDE YARD SETBACK TO 7 FEET, 2 INCHES Resolution No. 20313-8 RESOLUTION NO. 2013-8 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ADMINISTRATIVE USE PERMIT NO. 12-19 TO ALLOW A 185-SQUARE FOOT ADDITION TO AN EXISTING SECOND -STORY Motion Motion by Herfert and seconded by Sotelo to adopt the resolutions granting the appeal. Motion carried by 4 — 0. DEPARTMENTAL REGULAR MATTERS City Clerk's Office Review of Letters of Interest and Consideration of Appointment to Fill the Vacancy on City Council for the Unexpired Term Ending 14) November 2013 Filling Vacancy on Council Mayor Sanderson introduced the subject hatter and asked Council how they would like to proceed. Mayor Pro Tem Herfert thanked the applicants for their interest and stated the criteria he is looking for in a councilmember. Councilmember Sotelo remarked on the applications submitted. Councilmember Sykes thanked, those who submitted applications and for taking an interest but expressed his disappointment at the lack of response and would have preferred, under better economic times, an election to fill the vacancy. Mayor Sanderson also stated the qualities she is looking for in a councilmember and then proceeded to call for nominations. Nomination Mayor Pro Tern Herfert nominated Andrew McIntyre. Mayor Sanderson seconded the nomination. Councilmember Sykes addressed his concerns for the possibility of a conflict of interest and did not support the nomination of Andrew McIntyre. Councilmember Sotelo expressed his reasons for supporting the nomination of Andrew McIntyre. Motion Motion by Herfert and seconded by Sanderson to appoint Andrew McIntyre to fill the vacancy on City Council for ,the unexpired term ending November 2013. Motion carried by 3 — 1 (Sykes — No). Comments Councilmember Herfert addressed Councilmember Sykes' concern for not supporting the nomination of Andrew McIntyre. Recess Mayor Sanderson called for a 5 minute recess at 8:43 p.m. City Council Minutes of February 5, 2013 The City Council reconvened at 8:47 p.m. with all members present. Mayor Sanderson introduced Councilmember appointee Andrew McIntyre. Councilmember appointee Andrew McIntyre expressed his delight and honor at being appointed and spoke of his background and his vision for the City. SUCCESSOR AGENCY Mayor Sanderson recessed the Council meeting at 8:48 p.m. to convene the Successor Agency. The City Council reconvened the Council meeting. at 8:50 p.m. with all members present. MAYOR/COUNCILMEMBER REPORTS AB 1234 Conference and Meeting Report Councilmember Sykes reported attending a conference at the University of La Verne. Mayor Pro Tern, Herfert reported attending the 25°i Winter Seminar of the Independent Cities Association. Councilmember Sotelo also reported attending the 25"' Winter Seminar of the Independent Cities Association. CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION Councilmember Sotelo requested a report on maintaining and buying new Fire equipment and a study on the feasibility of developing a fund for public safety equipment. ADJOURNMENT Motion by Herfert and seconded by Sotelo to adjourn the meeting at 8:57 p.m. in memory of Congresswoman Grace Napolitano's daughter, Yolanda Maria Louwers and longtime West Covina resident Patrick Bellino. Motion carried by 4 — 0. Submitted by: ." 4-12� Assistant Gi y.Clerk Susan Rush 7