07-16-2013 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
July 16, 2013
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:02 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Pastor Mason Okubo
Immanuel First Lutheran Church
PLEDGE OF ALLEGIANCE Councilmember Sotelo
ROLL CALL Mayor Sanderson, Mayor Pro Tem Herfert,
Councilmembers McIntyre, Sotelo, Sykes
REPORTING OUT FROM CLOSED SESSION
Deputy City Attorney Scott Nichols 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 City Council were present.
Items on the City Council agenda:
Conference with Real Property Negotiators — Property:
2400 S. Azusa Avenue - A report was provided to the City Council
but there was no reportable action taken.
Liability Claims —Claimant: C.G.M. Development, Inc. —
There was no reportable action taken.
Public Employee Performance Evaluation — City Manager
— There was a discussion of the item with no reportable action
taken and the item was continued.
PRESENTATIONS Mayor Sanderson announced the parties are not present and will be
presented at a future meeting.
CHANGES TO THE AGENDA None.
ORAL COMMUNICATIONS
Katrina Barcena Katrena Barcena, West Covina Youth Soccer League, addressed
Youth Soccer league's need for playing fields and asked for
Council's support.
Edmond Cordon Edmond Cordon, West Covina Youth Soccer League, requested
the City's support for fields for youth soccer sports.
Art Ballin Art Ballin, president West Covina Youth Soccer, requested the
City's help in building the soccer sports field.
Manuel Robles Manuel Robles, representative of Hope Services, addressed
donation drop boxes and the jobs they provide for the needy. .
Elsie Messman Elsie Messman, West Covina resident, began to address a public
hearing item on the agenda and Mayor Sanderson asked that she
address that matter during the hearing.
Ms. Messman continued addressing various issues relative
to attorneys' fees; addressed previous comments from a planning
commissioner; pending development projects; needs at Shadow
Oak Park; and placement of cell towers in the City.
Herb Redholtz Herb Redholtz, West Covina resident, addressed the closed session
item regarding C.G.M.'s claim against the City.
City Council Minutes of July 16, 2013
Irene Fleck Irene Fleck, West Covina resident, announced the Library reading
program and upcoming Library events.
Shirley Leon Shirely Leon, West Covina resident, addressed use of fields on
Azusa for soccer; inquired about scheduling repavement of Eastnor
Avenue; and expressed interest in getting to know more about who
Councilmember McIntyre is.
Louie Aguinaga Louie Aguinaga, South El Monte Mayor, announced funding
awarded by the Water Quality Authority would also benefit the
City of West Covina and announced upcoming San Gabriel Valley
Water forum to be held in October.
Tony Valdez Tony Valdez, West Covina resident, spoke in support of funding
for soccer fields; addressed- the Blue Star banner program and
thanked the City Council for honoring his son with a banner.
Mayor Pro Tem Herfert thanked supporters of soccer.
Councilmember McIntyre stated he would be happy to meet with
any resident and addressed ways to reach him.
CONSENT CALENDAR
1) Approval of Meeting Minutes (receive & file)
Minutes Regular Council Meeting Minutes of June 4, 2013
Commission Summary of Actions
2) Community/Senior Services Community and Senior Services Commission — May 14, 2013 and
June 11, 2013
3) Planning Commission Planning Commission — July 9, 2013
Award of Bid
Award of Bid for Americans with Disabilities Act (ADA)
Improvements at Four Park Playgrounds including Woodchips and
4) Safely Rubber Matting (Project No. PP-13203)
ADA Park Improvements Recommendation is that the City Council award the bid to Green
Giant Landscaping, Inc., in the amount of $85,636 as submitted on
July 2, 2013, and authorize the Public Works Director/City
Engineer and City Clerk to execute an agreement with Green Giant
Landscaping, Inc., to perform safety improvements at Cortez,
Friendship, Gingrich, and Shadow Oak Park playgrounds.
Treasurer's Report (receive & file)
5) City Treasurer's Reports for February 2013 through may 2013
Treasurer's Reports Recommendation is that the City Council receive and file the
Treasurer's Reports.
6) City Clerk's Office
Destruction of Documents Destruction of Documents as Prescribed by Law
Recommendation is that the City Council adopt the following
resolution authorizing the destruction of specific records:
Resolution No. 2013-47 RESOLUTION NO. 2013-47 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE DESTRUCTION OF CERTAIN
DOCUMENTS AS PRESCRIBED BY LAW
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City Council Minutes of July 16, 2013
Finance Department/Administrative Services
7) Approval of New Position Class Specifications:
New Position Class 1) Assistant City Manager/CDC Director
Specifications 2) Finance and Administrative Services Director
3) Administrative Services Manager
4) Revenue Manager
Recommendation is that the City Council adopt the following
resolutions:
Resolution No. 2013-48 RESOLUTION NO. 2013-48 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE CLASS SPECIFICATION FOR ASSISTANT
CITY MANAGER/CDC DIRECTOR
Resolution No. 2013-49 RESOLUTION NO. 2013-49 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE CLASS SPECIFICATION FOR FINANCE
AND ADMINISTRATIVE SERVICES DIRECTOR
Resolution No. 2013-50 RESOLUTION NO. 2013-50 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE CLASS SPECIFICATION FOR
ADMINISTRATIVE SERVICES MANAGER
Resolution No. 2013-51 RESOLUTION NO. 2013-51 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE CLASS SPECIFICATION FOR REVENUE
MANAGER
Payment of FY 2013-14 Excess Liability Insurance Coverage and
8) Approval of Continued Membership with the Big Independent
BICEP Membership Cities Excess Pool (BICEP)
1. Authorize payment of the City's 2013-14 excess liability
insurance coverage with the Big Independent Cities Excess
Pool (BICEP) in the amount of $329,494 to be paid from
account 361.15.1530.6411.
2. Approve West Covina's continued membership in BICEP for
an additional three years beginning July 1, 2013.
9) Payment of FY 2013-14 Excess Workers' Compensation Insurance
Workers' Compensation Coverage
Authorize payment of the City's 2013-14 Excess Workers'
Compensation coverage with the Big Independent Cities Excess
Pool (BICEP); in the amount of $73,352 to be paid from account
363.15.1530.6418.
Police Department
10) 2012-13 Supplemental Law Enforcement Services Fund (SLESF)
SLESF Grant Grant
Recommendation is that the City Council:
1. Accept the 2012-213 Supplemental Law Enforcement Services
Fund (SLESF) grant, and appropriate the estimated $171,598
grant as follows:
- $33,629 into 155.31.3110.6120 for Graffiti Tracker and
LEXIPOL services
$54,000 into 155.31.3110.5112 for a supplemental part-
time Sergeant position
$83,969 into 155.31.3110.6999 for police supply items
2. In accordance with Municipal Code Chapter 2, Article VII,
Division 2, Sec. 2-333 (i), waive the bid process, and authorize
the purchase of computer virtualization equipment (including a
server assembly, storage array, software, support and licensing)
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City Council Minutes of July 16, 2013
directly from DuraTech, USA; Inc:, (the vendor offering the
lowest price) for $31,123m, including tax and shipping, from
account 117.31.3119.7130.
11) Asset Forfeiture Funds for Police Computer Security Items
Police Asset Forfeiture Funds - Recommendation is that the City Council take the following
action:
1. Appropriate a total of $111,000 in federal asset forfeiture from
the fund balance of Fund 117 for the purchase of computer
items, as follows:
- $90,000 into 117.3 1.3 119.713 0 for computer equipment
- $21,000. into 117.31.3119.6120 for police mobile data
services
CONSENT CALENDAR ACTION
Motion by Herfert and seconded by McIntyre to approve all items
listed on the Consent Calendar as presented.
Motion carried by 5 - 0.
HEARINGS
Appeal Hearing
Appeal of Planning Commission Denial of
Subcommittee for Design Review No. 12-03
Categorical Exemption
12) Appeal of Planning
Applicant/Appellant: Leonard Radomskiy
Commission Denial - S. Dryden
Location: Adjacent to Summerplace Village
Lane
condominium complex, at the end of S Dryden Lane on the east
side of the street (_Assessor's Identification Number 8743-002-036)
Mayor Sanderson announced the appeal hearing matter and
proceeded to open the hearing. Planning Director Jeff Anderson
proceeded to present the staff report involving the applicant's
request to construct a 1,487 square foot one-story single-family
residence at the location on a parcel that is adjacent to the
Summerplace 'Village condominium complex and currently
developed as open space. ' Anderson went into detail on the
parcel's past and current status within the complex - giving details
of how it came to be reviewed by the Planning Commission and
their eventual denial of the applicant's project to build a single-
family home. Anderson reported that the Planning Commission
denied the project with the majority of Commissioners determining
that the house would be out of character and not "visually
harmonious" with the surrounding neighborhood.
The applicant subsequently appealed the denial to the City
Council and then requested to continue the hearing in order to give
Summerplace Village Homeowner's Association an opportunity to
submit an offer to purchase the parcel. The applicant has indicated
that if he receives approval from the City Council to construct the
house he would be willing to allow the Homeowner's Association
an opportunity to submit an offer to purchase the property for a
period of six months following approval. Anderson then offered to
answer questions.
Open testimony
Mayor Sanderson proceeded to open the public testimony portion
of the hearing and first called for public comment in favor.
Deputy City Attorney Nichols explained the appeal process
elaborating on what it means to be in favor and in opposition of the
appeal and suggested the applicant speak first.
Applicant/Appellant Michael Chulak, Attorney for Leonard Radomskiy, stated that Mr.
Radomskiy wished to build a home on a parcel he owns which is
also zoned for one house. Radomskiy is not asking for any
variances and explained his client's situation of owning property
which he must pay taxes on but is not able to use and voiced his
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City Council Minutes of July.16, 2013
client's view of what he felt was the Association's reason for
opposing his project.
Opposed (upholding Planning Ceil Weinstock, West Covina resident
Commission decision to deny) Diane Okura, West Covina resident
Rachel Apodaca, West Covina resident
Robert Murray, West Covina resident
Ernesto Reyes, West Covina resident
Susanna Cano, West Covina resident
Rosa Gardner, West Covina resident
Amber Emerson, West Covina resident
Dana Sykes, West Covina resident
Herb Redholtz, West Covina resident
Vickie Lyons, West Covina resident
Sherri Salmans, West Covina resident
Pamela Abbott Moore, Attorney for Homeowners Association
Crissandra Robertson, West Covina resident
Alex Leung, West Covina resident
Francie Yip, West Covina resident
Rebuttal Michael Chulak, Attorney for Leonard Radomskiy, provided
rebuttal to speakers' comments regarding question of lot being
adjacent or inside of the complex and accessibility, ownership of
the lot, use of amenities by occupants, property values, etc.
Close testimony Mayor Sanderson closed the public comment portion of the
hearing and called for Council discussion, if any.
Council discussion Mayor Pro Tern Herfert, Councilmember Sotelo, Councilmember
McIntyre, and Councilmember Sykes agreed that the project is
non -conforming with the character of the area and complex.
Mayor Sanderson inquired as to whether the project can be
legally denied if it is out of character and visually not ,harmonious
with the area.
Deputy City Attorney Nichols confirmed that the Council
could find that the project is out of character with the surrounding
structures, the architectural style, and the use of the property
stating that the zoning code gives them that discretion.
Motion Motion by Herfert and seconded by Sotelo to adopt the following
resolution:
Assistant City Clerk Rush presented:
Resolution No: 2013-52 RESOLUTION NO. 2013-52 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
UPHOLDING THE DECISION OF THE PLANNING
COMMISSION AND DENYING SUBCOMMITTEE FOR
DESIGN REVIEW NO. 12-03
Motion carried by 5 — 0.
Public Hearing
General Plan Amendment No. 13-01
13) Zone Change No. 13-01
San Bernardino Road Mitigated Negative Declaration of Environmental Impact
Multi -Family Development Project Applicant: WC Homes LLC (Craig Cook)
Location: 1611 1623 and 1773 W. San Bernardino Road
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 Jeff Anderson presented the staff report describing the
project as a .135-unit. multi -family residential condominium
development on 6.46 acres with additional parking for Prosperity
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City Council Minutes of July 16, 2013
Business Park at 1773 W. San Bernardino Road. He described the
physical layout and visual architecture of the condominium
complex; the surrounding area including another multifamily
development, an elementary school, a business park, the Tribune
offices and a Metrolink and Southern Pacific railroad to the north
of the development.,
Anderson provided a PowerPoint presentation and gave a
detailed report on the different factors that comprised the entire
development including that it be compatible with adjacent land
uses; that it be consistent with the goals and policies contained in
the City's General Plan; that the project comply with State law
requiring jurisdictions to provide their fair share of regional
housing needs, and the condominium development will assist the
City in meeting that requirement. He explained the need for the
zoning change; that the Planning Commission was supportive of
the project; the steps taken to address environmental impacts such
as noise, traffic, soil contamination at a former business site; and
elimination of existing blight in the area. Anderson reported that
letters in support of and in opposition of the project had been
received and were distributed to the Council. In addition, he also
cited numerous benefits to the City and the suitability of this
development in the existing area for manufacturing and residential
uses and then offered to answer questions.
Open testimony Mayor Sanderson proceeded' to open the public testimony portion
of the meeting and called for public comment in favor of the
proposed development.
Applicant Craig Cook of WC Homes, spoke on his company's efforts to find
a development that would fulfill the needs of the community taking
into consideration affordable, housing for families, the commercial
and manufacturing community, studying the impact to the
environment and demonstrated the benefits to the community and
the City. He also addressed concerns that have been raised.
In Favor The following spoke in favor of the project:
Jack Zhou, with EDI Media, located at 1773 E. San Bernardino
Road, supports the development.
Xavier Chavez, West Covina resident/business owner, is in support
of the project.
Kevin Lee, representing Blackard's family, addressed the blighted
condition of the area and supports the project.
Don Cook of WC Homes, expressed his support for the project and
felt it will be a positive improvement for the community.
Neutral Lisa Bailey, CEO for Irwindale Chamber of Commerce, spoke
neither in favor nor against the project, but expressed concern for
residents and the impact from noise generated by trucks 24 hrs/day
for both new residents and for those on the other side of the border
[city line].
Opposed Santiago Pacheco, Ready Pac Director of Operations, addressed
the company's operation; expressed concerns to the potential
residents if an emergency arose at Ready Pac requiring an
evacuation and the affects to the residents with their 24 hour
operation, and introduced the following Ready Pac employees and
residents who are opposed to the project. The following Ready
Pac employees chose not to. speak but to. be recognized as in
opposition:
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City Council. Minutes of July 16, 2013
Jessica Moreno, Ready Pac employee/resident
Devani Perlaza, Ready Pac employee/resident
Anita Romero, Ready Pac employee/resident
Rosa Ramirez, Ready Pac employee/resident
Fermin Santos, Ready Pac employee/resident
Toni Hernandez, Ready Pac employee/resident spoke in opposition
to the project due to traffic concerns.
Joshua J. Siano, representative of Ready Pac, expressed concerns
for their future company's expansion plans, and the noise
disturbance to new residents.
Robert Arrazola, West Covina resident/employee at Ready Pac,
spoke in opposition to the project.
Tom Levyn of Glaser Weil, attorney from Glaser Weil
representing Ready Pac, addressed concern over lack of time to
properly review and advice his client on issues involving the
project which he stated would determine if the company would
have to move due to expansion constraints and concern for the loss
of jobs to local residents in addition to safety and hazard issues to
the local area and requested a continuance.
Robert Lambert, Vice President of Foxdale Properties, owner of,
property of which Ready Pac is a tenant, opposed the project as
Ready Pac operations are not compatible with a residential
neighborhood.
Michael Finnegan, representing Foxdale properties, addressed
whether the City has enough information to approve the project
meeting CEQA requirements as to whether the project creates the
potential of a significant impact after hearing public input. Mr.
Finnegan further stated that a Mitigated Negative Declaration is a
shortcut and the City should be looking at an EIR [Environmental
Impact Report].
Corey Warshaw, West Covina resident, expressed concern with the
project citing parking issues, lack of green space; lack of areas for
children, and requested council continuation of the project for a
thorough review.
Phillip Moreno, West Covina resident, stated that the project needs
an Environmental Impact Report and not a Mitigated Negative
Declaration and expressed concerns with the council not listening
to the residents and brought forth the allegation that the developer
was not properly licensed at the time the Planning Commission
approved the project.
Lloyd Johnson, West Covina resident, submitted names on
speakers cards of residents opposed to the project, and requested
audience members who live on Morris, Palm, Adams Dr., and
Kenoak who are opposed to the project to stand. Mr. Johnson
expressed his concerns with the project which includes lack of
testing of soil for hazardous waste contamination.
Elsie Messman, West Covina resident, opposed the project
expressing concerns with parking, traffic and other issues.
Rebuttal Craig Cook, addressed concerns raised by Ready Pac regarding
chemicals and emergency personnel access; and addressed
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City Council Minutes of July 16, 2013
speakers' concerns including parking issues, areas for children and
handicap accessibility.
Mayor Sanderson inquired of the Deputy City. Attorney the
protocol for other speakers who wished to speak under the rebuttal
portion. Deputy City Attorney stated it would be at the council's
discretion.
[inaudible conversation]
Marc Blodgett, from the consulting firm Blodgett/Baylosis
Associates, stated they were retained by the applicant to assist in
the preparation of the Mitigated Negative Declaration. Mr.
Blodgett responded to concerns of the need of an Environmental
Impact Report rather than a Mitigated Negative Declaration and
the analysis they performed. Mr. Blodgett stated that there were
three independent reviews of their analysis and his firm found that
none of the information received in their analysis warrant the
preparation of an Environmental Impact Report.
Tom Levyn of Glaser Weil, attorney from Glaser Weil
representing Ready Pac, addressed the evacuation plan of Ready
Pac stating the plan affects everyone in a certain radius and the
project falls within the radius, stating another reason for the
requested continuance so they can also properly review the plan.
Testimony Closed Mayor Sanderson proceeded to close the public testimony and
asked for council discussion.
Council discussion Mayor Pro Tern Herfert stated he would not support a continuance.
as all parties have been aware of the project with sufficient notice.
Herfert expressed his support of the project as a needed housing
project with a lower price tag, ample amenities and a good design.
Councilmember Sykes supported an Environmental Impact Report
and suggested the project be returned to the Planning Commission.
Councilmember McIntyre and Sotelo and Mayor Sanderson
expressed their support for the project.
Deputy City Attorney Nichols suggested each resolution be
adopted separately.
Motion Motion by Herfert and seconded by McIntyre to adopt the
following resolution:
Resolution No. 2013-53 RESOLUTION NO. 2013-53 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
CERTIFYING THE MITIGATED NEGATIVE DECLARATION
OF, ENVIRONMENTAL IMPACT FOR GENERAL PLAN
AMENDMENT NO. 13-01, ZONE CHANGE NO. 13-01, AND
TENTATIVE TRACT MAP NO. 72152 PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970,
AS AMENDED
Motion Motion by Herfert and seconded by Sotelo to adopt the following
resolution:
Resolution No. 2013-54 RESOLUTION NO. 2013-54 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING GENERAL PLAN AMENDMENT NO. 13-01
Motion carried by 4 — 1 (Sykes — No).
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City Council Minutes of July 16, 2013
Motion Motion by Herfert and seconded by McIntyre to introduce the
following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE
NO. 13-01
Motion carried by 4 — 1 (Sykes — No).
SUCCESSOR AGENCY Mayor Sanderson recessed the City Council meeting at 11:31 p.m.
to convene the Successor Agency meeting.
The City Council 'reconvened the Council meeting at 11:32 p.m.
with all members present.
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS
14) Mayor Shelley Sanderson
Request from Mayor Shelley Sanderson to Send a Letter to
Governor Jerry Brown Seeking Direct Funding for Cities to
Address Impacts of AB 109 (Public Safety Realignment)
Mayor Sanderson expressed her concern that AB 109 will have an
impact on the residents and Police Department and asked for
Council's support to bring back a report for discussion requesting
to send a letter to the Governor requesting help and funding to deal
with any issues that arise.
Motion Motion by McIntyre and seconded by Sykes to bring back a report
to a subsequent meeting.
Motion carried by 5 — 0.
15) Councilmember Andrew McIntyre
Ordinance Request from Councilmember Andrew McIntyre Seeking the City
Council's Support to Consider, an Ordinance Pursuant to the Spirit
of Petition
Councilmember McIntyre stated his intent was to propose an
ordinance that would limit development at the Civic Center and
promote the spirit of the current initiative petition and asked for
Council's support.
Motion Motion by McIntyre and seconded by Herfert supporting an
ordinance to adopt the spirit of initiative petition and limiting
development at the Civic Center.
Motion carried by 5 — 0.
Mayor Pro. Tem Steve Herfert
16) Request from Mayor Pro Tem Steve Herfert Seeking
Donation Drop Boxes the City Council's Support to have City Staff Prepare a Report
Banning Donation Drop Boxes in the Community
Mayor Pro Tem Herfert requested to remove the word `banning'
from the title and requested a staff report to have a discussion on
how to regulate drop boxes.
Motion Motion by Herfert and seconded by Sanderson to bring back a
report on how to regulate drop boxes.
Motion carried 5-0.
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City Council Minutes of July 16, 2013.
CITY COUNCIL COMMENTS Mayor Pro. Tern Herfert requested a report to address flashing
crosswalks at the intersection of Rowland and Sunset.
Councilmember Sykes reminded all residents to be aware of their
surroundings'while on vacation and know the laws of the area they
might be traveling to.
ADJOURNMENT Motion by Sotelo and seconded by McIntyre to adjourn the
meeting at 11:37 p.m.
Submitted by:
ssistant City C erk Susan Rush
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