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03-17-1998 - Special Meeting - Minutes• MINUTES SPECIAL MEETING OF THE WEST COVINA CITY COUNCIL MARCH 17, 1998 The special meeting of the West Covina City Council was called to order by Mayor Wong at 6:50 pm in the Management Resource Center at City Hall, 1444 W. Garvey Avenue, West Covina. The meeting was called to order in conjunction with the Redevelopment Agency and the West Covina Public Financing Authority. ROLL CALL Mayor Wong, Mayor Pro Tern Melendez, Councilmembers: Herfert, Howard, Touhey Others Present: Glover, Collier, Yoshizaki, Martyn, Ellis, Berry Councilmember Herfert suggested that the item relating to a contract for legal services created a very large turnout in opposition to that matter. He suggested considering the matter at this time and moved to take no action on the matter. Chairman Wong suggested that action on the contract for legal services be taken after Public Comments. PUBLIC COMMENT ON AGENDA ITEMS Mayor Wong stated that of the many speaker cards received, one speaker wished to speak to the Housing Bond issue, Ms. Emma Fischbeck. Ms. Fischbeck stated her preference in speaking after the staff report presentation. The remaining speaker cards were submitted by people who wished to speak on the second item, the contract for legal services. HOUSING BONDS Interim Executive Director Yoshizaki began the staff presentation. It became apparent that the Management Resource Center couldn't accommodate all the people in attendance and without the use of microphones it was difficult for everyone to hear the proceedings. Mayor Wong suggested the meeting be moved to the Council Chambers where everyone could be seated. RECESS Mayor Wong recessed the meeting at 6:55 pm to conduct the meeting in the Council Chambers. He reconvened the meeting at 7:02 pm with all members present. At this point the contract for legal services on the City Council agenda was. moved forward to receive oral comments and consideration by the City Council. CONTRACT FOR LEGAL SERVICES Motion by Herfert and seconded by Howard that current legal staff is adequate and that there is no need to for additional services to be provided by Beltran, Leal and Medina. Mayor Wong suggested that comments be taken from the audience before Council takes an action to gain their input. Council Minutes of 3/17/98 • Council discussion followed and concurred on receiving comments first. The following individuals addressed Council. Wayne Heieck, 1313 S. Sunkist Avenue, spoke in opposition to the proposal for an outside legal firm without a Request For Proposal. Andrew Wilson, 1214 W. Merced Avenue, spoke about the apparent sudden haste in considering an outside law firm and noted the amount of money other cities have expended in relation to the proposed firm. Ken Chappell, 1512 Hollencrest Drive, stated that the League of California Cities has a list of acceptable law firms and if the Council is in need of an additional outside firm, Council should refer to that list. He encouraged the Council to hire through proper procedures. Audrey Lynberg, 1311 Golden Vista Drive, reviewed the process used by non-profit organizations in retaining outside companies and firms. She believed the City should not make a change at this time. Charles Shibel, 1711 E. Alaska Street, asked for a clarification on the process and did this involve the replacement of one of the City's attorneys or the entire firm. Ed Connolly, 1317 E. Michelle Street, appreciated the advice given by current City Attorney Martyn and her firm, Rutan and Tucker, during his tenure on the Planning Commission. Bruce Lienbach, 1308 Sandy Hill Drive, said he was glad the rumors he heard about replacing the current City Attorney were not true. To replace her would be a very bad move. Robert Nordstrom, 2051 Cortez Street, suggested that if there was going to be a change in attorneys, a thorough comparison should be conducted. He has heard unflattering comments about the pro- posed firm. He urged Council to give serious consideration to the testimony being given to aid them in making a meaningful decision. Richard Jennings, 1616 E. Greenville Drive, endorsed the comments of the previous speakers. He wondered where the pro- posed law firm came from without going through all the proper channels. He stated that Rutan and Tucker was a high quality firm. Paul Gipple, 125 N. Walnuthaven Drive, complimented the citizens for speaking up when they believe something right is happening. Ziad Alhassen, 3050 Sunrise Road, suggested auditing Rutan & Tucker, to give them a good bill of health. Council Comments Interim City Manager Glover clarified that the proposed firm was reviewed and was placed on the Agenda for Council consideration • relative to one potential piece of litigation. The qualifications of the firm was reviewed. Councilmember Herfert stated that it was never the intent of the Council to replace the City Attorney. Taking action to not retain the proposed firm will mean that City Attorney Martyn will have to work harder. Councilmember Touhey stated that the proposed firm is on the list of approved law firms provided by the League of California 2 Council Minutes of 3/17/98 Cities. He also noted that the City has used other attorneys for special cases and that this was not unusual. Councilmember Howard asked about the length of time City Attorney Marlyn has worked for the City. Mr. Glover replied since August, 1990. Ms. Howard stated that she has talked with Mr. Beltran who reported that his firm is not specialized, but provides general municipal attorney services. • Councilmember Touhey stated that there had been one other attorney that had initially been considered for this particular issue. Action on the motion Mayor Wong asked for a vote on the motion to not extend a contract to Beltran, Leal and Medina. Motion carried 5-0. Recess Mayor Wong called a short recess at 7:39 pm to allow time for the Council Chambers to empty, as many audience members were leaving. The meeting reconvened at 7:45 pm with all Council - members present. HOUSING BONDS (CONTINUED) Mr. Yoshizaki continued the staff presentation regarding the housing bond issue and stated that bond counsel was present to respond to questions. Emma Fischbeck Emma Fischbeck, 1137 S. Auburn Drive, asked for a clarification of the amount of set -aside money being used in relation to the Executive Lodge project. Lollie Bergman Lollie Bergman, 847 Wescove Place, noted her support for the First Time Home Owners Program and Councilmember Herfert's motion that triggered the action taken by Council regarding the outside attorney firm. She then expressed concern about the amount of set -aside money being .used for this project and the amount left for other projects and activities. She asked what rating is being given to this particular bond issue. Mr. Yoshizaki responded to the questions, noting that '/4 of the set -aside funds will be used on this project. The amount of money expended on the Executive Lodge project to date is $5.7 million. The bond issue is rated at Triple A,, the highest rate possible. David Ferguson David Ferguson of Safran & Associations, the developer of another project - Lark Ellen Village, stated that to date 1450 applications have been received for 122 units. After the Public Financing Authority and Redevelopment Agency adopted resolutions relative to this matter, the City Clerk presented: Resolution 9547 - RESOLUTION NO. 9547 - A RESOLUTION OF THE Approving bond issue CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING THE ISSUANCE OF HOUSING SET -ASIDE TAX ALLOCATION BONDS BY THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA FOR THE PURPOSE OF PROVIDING FINANCING FOR A MULTI- • FAMILY RENTAL HOUSING DEVELOPMENT TO BE OWNED BY EXECUTIVE LODGE APARTMENTS, A CALIFORNIA LIMITED PARTNERSHIP Motion by Touhey and seconded by Melendez to waive further reading of the resolution and to adopt. Motion carried 4-I with Howard voting no. 3 Council Minutes of 3/17/98 ADJOURNMENT Motion by Herfert and seconded by Melendez to adjourn the meeting at 8:04 pm. Motion carried 5-0. • Mayor fUnAmin Wong Attest: City ClerkI net Berry .9 rd