03-19-2013 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
March 19, 2013
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
PLEDGE OF ALLEGIANCE
Reverend Alexandra Conrads
St. Martha's Episcopal Church
Mayor Pro Tern Herfert
ROLL CALL Mayor Sanderson, Mayor Pro Tern Herfert
Councilmembers McIntyre, Sotelo, Sykes
REPORTING OUT FROM CLOSED SESSION' None
CHANGES TO THE AGENDA None
ORAL COMMUNICATIONS
Herb Redholtz Herb Redholtz, West Covina resident, thanked Council and staff
for the format used in appointing commissioners; provided his
experience to serve as a planning commissioner; requested
Council's consideration of an appointment.
Philip Moreno Philip Moreno, West Covina resident, addressed alleged violation
of the Brown Act stating there was no reporting out following the
February 5, 2013 and February 7, 2013 Closed Session meeting
discussions.
Phil Kaufman Phil Kaufman, West Covina resident, stated he has submitted an
application to fill a vacant position, in the Community and Senior
Services Commission presenting his background and presented a
few ideas for the commission, addressed lack of facility to recycle
newpapers.
Lloyd Johnson Lloyd Johnson, West Covina resident, presented several questions
to Mayor Sanderson and Councilmember Sotelo in regards to
comment made by Mayor Pro Tern Herfert at the February 5
meeting.
Bruce Leinbach Bruce Leinbach, West Covina resident, commended former Fire
Chief Segalla on the job he did for West Covina and the Fire
Department for assistance he was provided at his home, and
addressed comments made by Mayor Pro Tern Herfert at a
previous meeting and stated he should issue an apology.
Irene Fleck Irene Fleck, West Covina resident, commended Councilmembers
Sykes and McIntyre for addressing the issue regarding property
maintenance and urged the Council to make a brochure available to
the public with information.
Leticia Lopez Leticia Lopez, West Covina resident, introduced herself to the
Council as an applicant for the Community and Senior Services
City Council Minutes of March 19, 2013
Comi-nission and presented her background and requested
Council's consideration.
Zanh Chang Zanh Chang, West Covina resident, addressed, a noise concern near
his residence and the need to improve the municipal code to
address unreasonable noises that disturb residents.
Corey Warshaw Corey Warshaw, West Covina resident, expressed concerns with
the commission terms not being staggered.
Dario Castellanos Dario Castellanos, West Covina resident, introduced himself as an
applicant for the Planning Commission.
Lisa Mayo Lisa Mayo, West Covina resident, gave her background in service
to the community and stated she applied for a vacancy on the
Community and Senior Services commission and asked for
Council's consideration for appointment to the commission.
Councilmember Sykes addressed access to newspaper recycling
facility near the City.
Mayor Pro Tem Herfert made a statement regarding his comment
at a previous meeting to address speakers concerns.
Councilmember Sotelo stated as to why he did not opine on
Mayor Pro Tem Herfert's comment.
Deputy City Attorney Gorman. responded to resident's statement of
Brown Act violations and stated the reporting out that did
transpire.
Public Works Director Yauchzee responded to the request to look
into concerns over noises from a local business brought forth by a
resident.
Assistant City Attorney Gorman read a prepared statement from
City Attorney Alvarez-Glasman regarding censure of Mayor Pro
Tem Herfert, as requested by several residents at a prior meeting in
respect to his comment at the February 5 meeting.
CONSENT CALENDAR Mayor Pro Tem Herfert requested item #4 Award of Bid for Azusa
Avenue and Amar Avenue Intersection Improvements (City Project
Nos. SP-07101 and SP-10101, Federal Project, Nos. HPLUL-
5259(014) and STPL-5259(014) be pulled for separate
consideration.
Approval of Meeting Minutes (receive & file)
1) Special City Council Meeting Minutes of December 18, 2012
Minutes Regular City Council Meeting Minutes of December 18, 2012
Special City Council Meeting Minutes of January 15, 2013
Regular City Council Meeting Minutes of January 15, 2013
2) Commission Summary of Actions (receive & file)
Planning Commission Planning Commission — March 12, 2013
Claims Against the City
3) Government Tort Claim Denial (deny & notify claimant)
Claims against the City Recommendation is that the City Council deny the following
Government Tort Claims and the claimants and/or their respective
attorneys be so notified.
• Lorenzo Garcia vs. City of West Covina
• Robert Pinney vs. City of West Covina
• Anna M. Duenas vs. City of West Covina
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City Council Minutes of March 19, 2013
The following item was removed from the Consent Calendar for
separate consideration
Award of Bid
Award of Bid for Azusa Avenue and Amar Avenue Intersection
Improvements
(City Project Nos. SP-07101 and SP-10101, Federal Project Nos.
4) HPLUL-5259(014) and STPL-5259(014)
Amar/Azusa Intersection Recommendation is that the City Council take the following
actions:
1. Accept the bid of ; Excel Paving Co. in the amount of
$1,769,490.50 as submitted at the bid opening on February 28,
2013 for construction of the proposed' intersection
improvements and authorize the Public Works Director/City
Engineer and City Clerk to execute a contract with Excel
Paving Co. to perform the work.
2. Accept the proposal of MTGL Inc., California, in an amount of
$32,005.00 for material testing and plan inspection and
authorize the Public Works Director/City Engineer to execute
an agreement with said firm for the work to be done.
3. Accept the bid of McCain, Inc. of Vista, California, in an
amount of $44,552.22 and. authorize the Public Works
Director/City Engineer to execute an agreement with said firm
for the purchase of new traffic signal poles and mast arms.
4. Appropriate $570,619 in Federal grant to City Project SP-
07101 (140.81.8738.7200) and $909,.000 in Federal grant to
City Project SP-10101 (140.81.8022.7200).
Public Works Department
5) Surplus Equipment
Surplus Equipment Recommendation is that the City Council authorize the sale of the
surplus vehicles and equipment by public auction company, US
Auctions, in accordance with Section 2-316 of the Wet Covina
Municipal Code.
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Sotelo to approve all items
listed on the Consent Calendar as presented except Item 4.
Motion carried by 5 — 0 with the following exception:
Item 2, Planning Commission minutes
Motion carried by 4 — 1 (McIntyre abstained due to his
participation in the Planning Commission meeting.))
Item 4 Award of Bid for Azusa Avenue and Amar Avenue Intersection
Improvements (City Project Nos. SP-07101 and SP-10101,
Federal Project Nos. HPL UL-5259(014) and STPL-5259(014)
Mayor Pro Tern Herfert expressed his concern that the intersection
was not sufficiently wide for three left -turn lanes and would not
support the project.
Motion Motion by Herfert to approve the item but stated he would vote no.
Motion died Motion to approve died for lack of a second.
Motion Motion by McIntyre to have the item come back with more
information.
Public Works Director Yauchzee explained impacts of the
project being delayed.
Councilmember Sykes urged approval due to the dire need
to move traffic in the intersection and it being the most congested
intersection in the City and would not support denying approval of
the project.
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City Council Minutes of March 19, 2013
Mayor . Pro Tern Herfert and Councilmember Sykes
expressed their opinions about the intersection improvements.
City Manager Chung suggested a presentation of the staff
report.
Public Works Director Yauchzee confirmed that the project
had been approved by Council in 2007 and after numerous public
hearings, options were developed. The three left -turn lanes option
was one of those options and also accomplishes the mitigation
necessary for the EIR at the Heights and the BLD projects. One
million dollars in grant funding was obtained along with a
contribution of $725,000 by the Heights developer and Yauchzee
stated that if the project is not done, the funding is subject to lapse
and forfeiture by the City. The Fire Department also has concerns
that the intersection is a bottleneck and considers the project a
public safety improvement.
The consequences of delaying the project were discussed.
Mayor Sanderson inquired about making subsequent
changes if issues arise.
Yauchzee replied that it was possible to make changes if
incidents occur and lanes could also be restriped to reduce
incidents.
Gorman reminded the Council that the motion on the floor
was to postpone the item and bring it back.
Motion Motion by McIntyre and seconded by Herfert to retract his motion
to postpone the item. Motion carried by 5 — 0.
Motion Motion by Sanderson and seconded by McIntyre to approve the
recommendation as presented as follows:
1. Accept the bid of Excel Paving Co. in the amount of
$1,769,490.50 as submitted at the bid opening on February 28,
2013 for construction of the proposed intersection
improvements and authorize the Public Works Director/City
Engineer and City Clerk to. execute a -contract with Excel
Paving Co. to perform the work.
2. Accept the proposal of MTGL Inc., California, in an amount of
$32,005.00 for material testing and plan inspection and
authorize the Public Works Director/City Engineer to execute
an agreement with said firm for the work to be done.
3. Accept the bid of McCain, Inc. of Vista, California, in an
amount of $44,552.22 and, authorize the Public Works
Director/City Engineer to execute an agreement with said firm
for the purchase of new traffic signal poles and mast arms.
4. Appropriate $570,619 in Federal grant to City Project SP-
07101 (140.81.8739.7200) and $909,.000 in Federal grant to
City Project SP-10101 (140.81.8022.7200).
Motion carries 4 — 1 (Herfert — No)..
PUBLIC HEARINGS
Appeal Hearing
Appeal of Planning Commission Denial
Subcommittee for Design Review No. 12-03
Categorical Exemption
Applicant/Appellant: Leonard Radomskiy
Location: Adjacent to Summerplace Village condominium
6) complex, at the end of S. Dryden Lane on the east side of the street
South Dryden Lane Appeal (Assessor's Identification Number 8743-002-036
Mayor Sanderson announced the hearing matter stating that the
applicant has requested a continuance of the matter. Assistant City
Clerk Rush verified that proper legal notice had been given.
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City Council Minutes of March 19, 2013
Motion Motion by Herfert and seconded by Sykes to continue the appeal
of the Planning Commission decision to deny Subcommittee for
Design Review No. 12-03 to the City Council meeting of April 16,
2013.
Motion carried by 5 — 0.
DEPARTMENTAL MATTERS
7) City Manager's Office
Annual Council Appointments Annual Appointment of City Council Representatives to Other
Ay-encies
Mayor Sanderson reviewed the list of suggested appointments.
Motion on Annual Appointments Motion by Herfert and seconded by McIntyre to confirm the
Mayor's appointments and adopt the following resolution
approving the appointees to the San Gabriel Valley Council of
Governments. [List of appointees on file in the City Clerk's
Office]
Resolution No. 2013-16 RESOLUTION NO. 2013-16 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
NAMING COUNCILMEMBER FREDRICK SYKES AS THE
GOVERNING BOARD REPRESENTATIVE TO SAN GABRIEL
VALLEY COUNCIL OF GOVERNMENTS, AND
COUNCILMEMBER ROBERT SOTELO AS THE ALTERNATE
Motion carried by 5 — 0.
8) Appointment of Planning Commissioners
Planning Commission Mayor Sanderson introduced the subject matter and asked
Councilmembers for nominations.
Nominations Councilmembers nominated the following individuals and voted
on each nominee.
Councilmember McIntyre nominated Dario Castellanos
Mayor Pro Tem Herfert nominated Betty Valles
Rob Sotelo nominated Don Holtz
Councilmember Sykes nominated Dave Stewart
Mayor Sanderson nominated Paul Blackburn
Councilmembers proceed to vote for each nominee for
appointment. With only Castellanos, Valles, Holtz and Blackburn
receiving approval for appointment by the Council, Mayor
Sanderson asked for additional nominations. .
Councilmember McIntyre nominated Don Woods and Mayor Pro
Tern Herfert nominated Gerald Menefee. Gerald Menefee
received Council approval for appointment.
Motion Motion by McIntyre and seconded by Herfert to adopt the
following resolution appointing Dario Castellanos, Betty Valles,
Don Holtz, Paul Blackburn and Gerald Menefee to the West
Covina Planning Commission.
Resolution No. 2013-17 RESOLUTION NO. 2013-17 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPOINTING' INDIVIDUALS TO THE WEST COVINA
PLANNING COMMISSION
Motion carried by 5 — 0.
9) Appointment of Community and Senior Services Commissioners
Community/Senior Commission Mayor Sanderson introduced the subject matter and proceeded to
call for nominations to fill the three vacant commission positions.
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City Council Minutes of March 19,. 2013
Nominations Nominations to fill the three vacant commissioner seats were as
follows:
Mayor Pro Tern Herfert nominated Leticia Lopez
Mayor Sanderson nominated Lisa Mayo
Councilmember McIntyre nominated Phil Kaufman
Councilmember Sotelo nominated Tammy Lindquist
Councilmember Sykes deferred his nomination
Mayor Pro Tern Herfert nominated Patricia Aguirre
Councilmembers proceeded to vote for each nominee for
appointment and voted to appoint Lopez, Kaufman and Lindquist.
Motion Motion by McIntyre and seconded by Herfert to adopt the
following resolution appointing Leticia Lopez, Phil Kaufman and
Tammy- Lindquist to fill the vacant seat on the West Covina
Community and Senior Services Commission.
Resolution No. 2013-18 RESOLUTION NO. 2013-18 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPOINTING INDIVIDUALS TO THE WEST COVINA
COMMUNITY AND SENIOR SERVICES COMMISSION
Motion carried by 5 — 0.
Councilmember Sotelo left the dais due to a conflict of interest on the following item, being that a
family member is currently a commissioner.
10) Appointment of Human Resources Commissioners
Human Resources Commission Mayor Sanderson introduced the subject matter and with no
applications received to fill the one vacant seat, the council
concurred to continue advertising the vacancy and to till at a later
date.
Motion Motion by Herfert and seconded by Sykes to adopt resolution the
following resolution and to reappoint Darlene Montes, Maria
Pando-Umaguing, Sue. Sotelo and Henry Torres, Jr. to the West
Covina Human Resources Commission.
Resolution No. 2013-19 RESOLUTION NO. 2013-19 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPOINTING INDIVIDUALS TO THE WEST COVINA
HUMAN RESOURCES COMMISSION
Motion carried by 4 - 0.
Councilmember Sotelo returned to the dais.
MAYOR/COUNCILMEMBER REPORTS
COUNCILMEMBER ANDREW MCINTYRE
11) Ideas for Programs to Provide Education and Incentives to
Property Maintenance Landlords on the Importance of Maintaining Properties
Councilmember McIntyre suggested this item be held until
Department Heads and Councilmembers conduct a tour of problem
areas and bring back a report on the findings, a suggestion made by
Councilmember Sotelo.
Motion Motion by McIntyre and seconded by Herfert to bring this item
back after a tour of the problem areas has been completed and
information brought back at a future meeting.
Motion carried by 5 — 0.
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City Council Minutes of March 19,.2013
COUNCILMEMBER COMMENTS
Mayor Pro Tein Herfert announced an invitation to a banquet in
honor of former West Covina City Manager Andrew Pasmant in
the third week of April. Anyone interested in attending, please
contact the City Manager's office.
Councilmember Andrew McIntyre announced that South Hills
High School will conduct a Fun Run this weekend to benefit West
Covina students and it will be held at the South Hills High School
Senior parking lot located in the south east parking lot of the High
School and invited all to attend.
ADJOURNMENT Motion by Sanderson and seconded by Sotelo to adjourn the
meeting at 8:23 p.m. in honor of the following:
• Soldiers that have given their lives in service to the Country on
the 1 Ot" Anniversary of the War with Iraq
• Freddy Martinez, West Covina resident
• Jack Keating, former West Covina Communications Director
• Gus Salazar, former West Covina Community Services Director
• Ruth Weir, long-time SHOP volunteer
• Margarite . Kurtz, Community and Senior Services
Commissioner Nicolas Lewis' Aunt
Motion carried by 5 — 0.
Submitted by:
Assistant. Cit :r Jerk Susan ush
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