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
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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.
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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
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