11-19-2013 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
November 19, 2013
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:04 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Officer Jeff Mosley
West Covina Police Officer
PLEDGE OF ALLEGIANCE Councilmember Andrew McIntyre
ROLL CALL Mayor Sanderson, Councilmembers McIntyre, Sotelo, Sykes
Absent: Mayor Pro Tern Steve Herfert
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 with all members present except Mayor Pro Tern
Herfert.
Items on the City Council agenda:
Conference with Legal Counsel — Existing Litigation —
West Covina Improvement Association v. City of West Covina, et
al., Superior Court Case No. BS135923; City of West Covina,
Appellants, v. West Covina Improvement Association, Appellees,
Court of Appeal Case No. B247712 — City Attorney Alvarez-
Glasman reported that Council received a briefing from Special
Counsel and the City Attorney's office; direction was provided to
Special Counsel with no final action taken and nothing further to
report.
CHANGES TO THE AGENDA City Manager Chung announced the following changes:
Item #7 — City Manager's Contract — Chung is requesting that the
City Council not approve the 18 months' severance and keep the
terms of the contract as the original with respect to severance, and
to consider the clarification of the Agreement that is being
presented.
Item #12 — Public Hearing — Zone Change No. 13-03/Mitigated
Negative Declaration of Environmental Impact/Applicant: Jay
Deckard and Phil Becerra, Warmington Residential/Location: 502
and 520 South Lark Ellen Avenue (Formerly St. Martha's
Episcopal Church and Dove Day School) — Chung is requesting
that this item be continued to the December 17, 2013 City Council
meeting.
Mayor Sanderson requested to bring forward item 12.
Item 12 Public Hearing — Zone Change No. 13-03IMitigated Negative
Declaration of Environmental Impact/Applicant: Jay Deckard
and Phil Becerra, Warmington Residential/Location: 502 and
520 South Lark Ellen Avenue (Formerly St. Martha's Episcopal
Church and Dove Day School)
Mayor Sanderson announced the hearing matter and City Attorney
Alvarez-Glasman explained that this hearing is to be opened for
the purpose of requesting Council to continue the hearing to the
December 17, 2013 City Council meeting without further notice
and stated the hearing is considered now open and a motion to
continue it is required.
City Council Minutes of November 19, 2013
Motion Motion by Sanderson and seconded by Sotelo to move this item to
the meeting of December 17, 2013.
Motion carried by 4 — 0.
PRESENTATIONS Mayor Sanderson called forward Fire Chief Rick Genovese to
introduce Fire Captain Dave Mollica and recognize him for his 18
years of service to the community.
Mayor Sanderson called forward Police Commander Richard Bell
to present information on the City's first Gun Buy Back Program,
which he announced would be held on Saturday, January 25, 2014,
from 8:00 a.m. to 1:00 p.m. at City Hall.
ORAL COMMUNICATIONS
Lola Finley Lola Finley, West Covina resident, shared concerns her
neighborhood watch meeting discussed with the community.
Trudy Saltmarsh Trudy Saltmarsh, West Covina resident, addressed crime issues in
the community and the need for additional officers.
Juan Reinoso Juan Reinoso, West Covina resident, addressed the City Manager
contract and stated the contract amendment be left to the next City
Council to decide.
David Schwartz David Schwartz, West Covina resident, addressed the proposed
development on Lark Ellen Avenue and stated that the housing
development on Valinda and Service will add too much congestion
to the area.
Lloyd Johnson Lloyd Johnson, West Covina resident, requested that the current
Council hold off on any new compensation or contract amendment
to the City Manager's contract and leave it for the new Council.
James Toma James Toma, West Covina resident, addressed the proposed
amendments to the City Manager's contract and requested the item
be held over.
Bruce Leinbach Bruce Leinbach, West Covina resident, addressed the proposed
City Manager contract stating the contract should be held over.
John Solis John Solis, West Covina resident, addressed the City Manager's
Contract questioning the urgency to make modifications to the
contract.
Phil Kaufman Phil Kaufman, West Covina resident, thanked Mayor Sanderson,
Councilmembers Sotelo and McIntyre for their service. Also
thanked Police Chief LaCommare and staff for bringing forth a
Gun Buy Back program; asked that the Council table the City
Manager Contract, Item #7, for the new City Council.
Angie Gillingham Angie Gillingham, West Covina resident, stated her support of
holding over Item 7, the City Manager's Contract, for the new City
Council.
Herb Redholtz Herb Redholtz, West Covina resident, addressed the proposed City
Manager contract and expressed his opinion to hold the contract
over for the new Council.
Carolyn Arndt Carolyn Arndt, West Covina resident, addressed the transition of
events surrounding the previously proposed development at the
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City Council Minutes of November 19, 2013
Civic Center Library and changes resulting from the recent
election.
Jim Ivins Jim Ivins, West Covina resident, addressed the proposed City
Manager contract and the proposed severance package.
Phillip Moreno Phillip Moreno, West Covina resident, addressed the recent City
Council election and the outcome.
Abel Salinas Abel Salinas, West Covina resident, expressed his opposition to
the proposed City Manager contract citing the lack of a survey of
other cities to justify the severance package.
Iris Delameter Iris Delameter, West Covina resident, addressed the recent election
results and the proposed city manager contract.
Claudia Goytia Claudia Goytia, Representative of Assemblyman Roger
Hernandez, read a statement from Assemblyman Hernandez.
Royall Brown Royall Brown, West Covina resident, addressed campaign signs
that are still in the community; addressed the City Manager's
contract.
Shirley Buchanan Shirley Buchanan, West Covina resident, suggested the City
Manager contract be held over for the new Councilmembers.
Corey Warshaw Corey Warshaw, West Covina resident, thanked the City Manager
for his actions regarding his proposed contract and addressed the
lack of transparency with the proposed City Manager Contract.
Elsie Messman Elsie Messman, West Covina resident, addressed the City
Manager's contract.
Irene Fleck Irene Fleck, West Covina resident, addressed the City Manager
contract and upcoming Library events.
Connie Madott Connie Madott, West Covina resident, addressed the
recommendation of the Traffic Committee Minutes in which she
requested "No Parking" on street sweeping days requesting
Council accept the Traffic Committee recommendation.
Mark Smith Mark Smith, Glendora resident, commented on the City Manager's
contract and addressed an element provided in the City of
Glendora's city manager contract.
Mayor Sanderson addressed speaker's comments during Oral
Communications.
CONSENT CALENDAR
Approval of Meeting Minutes (receive & file)
1) Minutes Special City Council Meeting Minutes of October 1, 2013
Regular City Council Meeting Minutes of October 1, 2013
Commission Summary of Actions (receive & file)
2) Community/Senior Services Community & Senior Services Commission — September 10, 2013
3) Planning Commission Summary Planning Commission — November 12, 2013
4) Ordinance for Adoption
Vine Avenue Speed Limit Vine Avenue Speed Limit Reconsideration
Recommendation is that the City Council adopt the following
ordinance:
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City Council Minutes of November 19, 2013
Ordinance No. 2251 ORDINANCE NO. 2251 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING SECTION 22-131 OF THE WEST COVINA
MUNICIPAL CODE RELATING TO INCREASES OF STATE
LAW MAXIMUM SPEEDS (VINE AVENUE)
5) Traffic Committee Meeting Minutes (accept & file)
Traffic Committee Traffic Committee Meeting Minutes of September 17, 2013
L Request
Connie Madott, West Covina Resident
That No Parking on Street Sweeping Days be implemented on
Avington Avenue, from Cameron Avenue to the end of the street,
every Thursday of each month from 7:00 a.m. to 3:00 p.m.
Traffic Committee Recommendation:
That No Parking on Street Sweeping Days be implemented on
Avington Avenue, from Cameron Avenue to the end of the street,
every Thursday of each month from 7:00 a.m. to 3:00 p.m.
6) Treasurer's Report (receive & file)
Treasurer's Report Recommendation is that the City Council receive and file this
report.
7) Finance and Administrative Services
City Manager's Contract Recommendation is that the City Council approve the City
Manager's employment contract as a result ' of the performance
evaluation performed.
Public Works
8) Lot Line Adjustment No. 180
Lot Line Adjustment — Cortez St. 3511 and 3519 East Cortez Street
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2013-68 RESOLUTION NO. 2013-68 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING LOT LINE ADJUSTMENT NO. 180 AT 3511
AND 3519 EAST CORTEZ STREET AND DIRECTING THE
RECORDATION THEREOF (SOUTH CAL INVESTMENT
CORPORATION AND ALBERT J. GALEN)
9) Grant of Easement for Utility Purposes in Favor of Southern
Grant Easement — SCE California Edison Company
Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2013-69 RESOLUTION NO. 2013-69 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WET COVINA, CALIFORNIA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A GRANT OF EASEMENT IN FAVOR OF
SOUTHERN CALIFORNIA EDISON COMPANY
Implementation of Low Impact Development and a Green Street
Policy in Accordance with the Los Angeles County Municipal
10) Stormwater Permit
County Green Street Policy Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2013-70 . RESOLUTION NO. 2013-70 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AFFIRMING ITS COMMITMENT TO THE
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City Council Minutes of November 19, 2013
IMPLEMENTATION OF LOW IMPACT DEVELOPMENT
AFFECTING NEW DEVELOPMENTS AND A GREEN
STREET POLICY IN ACCORDANCE WITH THE LOS
ANGELES COUNTY MUNICIPAL STORMWATER PERMIT
CONSENT CALENDAR ACTION Motion by Sykes and seconded by McIntyre to approve all items
listed on the Consent Calendar as presented except Item 7 — City
Manager's Contract.
Motion carried by 4 — 0.
Finance and Administrative Services
Item 7 City Manager's Contract
Mayor Sanderson stated that the contract modification stemmed
from a need for language clarification.
Councilmember Sotelo thanked the residents for the
opportunity of having served on the Council; addressed the
performance of City Manager Chung and made a motion to table
the contract modifications and let the new Council address the
Motion issue. Seconded by Sykes to table this item.
City Manager Chung thanked the Council and addressed
the reasons for the modifications to his contract.
Councilmember McIntyre addressed a speaker's comment
during Oral Communications regarding the contract and addressed
the value of City Manager Chung's experience.
Action on Motion Motion carried by 4 — 0.
RECESS Mayor Sanderson called for a recess of the Council meeting at 8:47
p.m.
The City Council reconvened at 8:53 p.m. with all members
present except Mayor Pro Tern Herfert.
PUBLIC HEARINGS
Public Hearing
11) California Building and California Fire Code Ordinance
Building & Fire Codes Adoption Introduction
Mayor Sanderson announced the hearing matter and Assistant City
Clerk Rush verified that proper legal notice had been given. Public
Works Director Yauchzee provided a brief report explaining that
every three years, the State adopts updated building and fire code
standards and the City must conduct a public hearing to adopt any
amendments to those California standards. He stated that the
proposed ordinance will carry over previous code amendments but
there is one significant change this year, which is an amendment
that would require permits for multiple storage sheds when less
than 6 feet apart. He then recommended approval of staff s
recommendation to introduce the ordinance and then offered to
answer questions.
Mayor Sanderson asked the Assistant City Clerk Rush if any
written protests, objections or comments concerning the West
Covina Building Standards Code; the 2013 Edition of the
California Building Code and the 2013 California Fire Code, and
other various codes, had been received.
Assistant City Clerk Rush verified that no written
comments or protests had been received.
Open testimony Mayor Sanderson proceeded to open the public testimony portion
of the hearing and called for public comment.
Close testimony There being no one wishing to address Council, Mayor Sanderson
proceeded to close the public testimony portion of the hearing.
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City Council Minutes of November 19, 2013
Motion Motion by Sotelo and seconded by McIntyre to introduce the
following ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING CHAPTER 7,
ARTICLES II, IV, VI, AND VII; CHAPTER 9, ARTICLE I; AND
CHAPTER 10, ARTICLE II OF THE MUNICIPAL CODE
RELATING TO THE ADOPTION OF THE 2013 EDITION OF
THE CALIFORNIA BUILDING CODE, THE 2013
CALIFORNIA RESIDENTIAL CODE, 2013 CALIFORNIA
MECHANICAL CODE, 2013 CALIFORNIA ENERGY CODE,
AND THE 2013 CALIFORNIA FIRE CODE WHICH ADOPTS
BY REFERENCE THE 2012 INTERNATIONAL FIRE CODE
Motion carried 4 — 0 by the following Roll Call vote:
AYES: McIntyre, Sotelo, Sykes, Sanderson
ABSENT: Herfert
The following hearing was continued to the City Council meeting
of December 17, 2013 under Changes to the Agenda.
12) Public Hearing — Zone Change No. 13-03/Mitigated Negative
Warmington Homes Declaration of Environmental Impact/Applicant: Jay Deckard and
Phil Becerra, Warmington Residential/Location: 502 and 520
South Lark Ellen Avenue (Formerly St. Martha's Episcopal
Church and Dove Day School)
SUCCESSOR AGENCY Mayor Sanderson recessed the City Council meeting at 8:56 p.m.
to convene the Successor Agency meeting.
The City Council reconvened the Council meeting at 8:57 p.m.
with all members present except Vice Chairman Herfert.
MAYOR/COUNCILMEMBER REPORTS
Councilmember Fredrick Sykes
13) Resolution Supporting Anti -Bullying Efforts in our Community
Anti -Bullying and Schools
Councilmember Sykes stated his intent to bring attention to and to
support any efforts to address the serious matter of bullying in
schools and the community,
Motion Motion by Sykes and seconded by McIntyre to adopt the following
resolution:
Resolution No. 2013-71 RESOLUTION NO. 2013-71 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SUPPORTING ANTI -BULLYING EFFORTS IN OUR
COMMUNITY AND SCHOOLS
Motion carried by 4 - 0.
ADJOURNMENT Motion by Sotelo and seconded by Sykes to adjourn the meeting at
8:59 p.m. Motion carried by 4 — 0.
Submitted.by:
ssistant City Jerk Susan Rush
no