12-20-2005 - Regular Meeting - Minutes•
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MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
December 20, 2005
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:15 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Youth Minister Stephan Ichiriu
Faith Community Church
PRESENTATION OF COLORS West Covina High School
Air Force Jr. ROTC
PLEDGE OF ALLEGIANCE Led by Councilmember Herfert
ROLL CALL Mayor Sanderson, Councilmembers Herfert, Lane, Touhey
Absent Councilmember Hernandez
Others Present: Pasmant, Alvarez-Glasman, Bachman, Freeland, Wills, Elliott,
Yauchzee, McIsaac, McDonald, Samaniego, Chung, Rush
Mayor Sanderson reported Councilmember Hernandez is unable to
attend tonight's meeting due to a death in the family.
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
The City Council special meeting commenced at 6:10 p.m.
Prior to recessing into closed session, all items on the City Council
and Community Development Commission agendas were
announced for inclusion in the closed session discussion. The
record should reflect Councilmember Hernandez was absent and
Chairmen Sanderson arrived at 6:30pm.
Conference with Legal Council — Existing Litigation — City
of West Covina vs. Valencia Heights Water Company, et al.
Briefing was given to Council, direction was given, no final action
taken and nothing further to report.
Conference with Legal Council — Existing Litigation -
Angela Williams vs. City of West Covina. This matter will be held
over for a future date. Briefing was given to Council, direction
was given to obtain more information, no final action taken and
nothing further to report.
Conference with Legal Council — Anticipated Litigation —
One Potential case - The Coalition for Practical Regulation - The
City Council unanimously authorized the City to participate in this
litigation and authorized the expenditure of $3,000 for legal fees.
The special meeting of the CDC commenced at 6:50 pm.
The record should reflect Commissioner Hernandez was absent
and Commissioner Touhey excused himself from participation in
oral comment and discussion as he awaits a ruling from the FPPC
regarding his participation in this matter.
Conference with Real Property Negotiators — 730 South
Orange — Briefing was given to CDC, direction was given, no
finial action taken and nothing further to report.
Conference with Real Property Negotiators —Parcels 1, 2,
3, 4, 5 and 6 of Tentative map 60193. Briefing was given to CDC,
direction was given, no finial action taken and nothing further to
report.
CHANGES TO THE AGENDA None
Council minutes of December 20, 2005
APPROVAL OF MINUTES The following minutes were approved as presented:
Special Meeting of June 6, 2005
PRESENTATIONS Blue Star Video was aired.
• Mayor Sanderson presented resident Lloyd Johnson with a
Certificate of Recognition for his presentation of a POW/MIA flag
to the City.
Mayor Sanderson presented World War H veterans Joe Aviles and
Simon V. Herrera with Certificates of Recognition for their service
in the Armed Forces.
Mayor Sanderson received a check on behalf of the City from Raja
Mitwasi, Chief Deputy District Director -District 7 Caltrans and
Former Congressman Esteban Torres for the relinquishment of
Azusa Avenue in the amount of $2.2 million.
Mayor Sanderson assisted by Environmental Management Director
Steve Samaniego presented certificates to the winners of the 2006
Used Oil Recycling School Calendar contest.
• Carol Diaz, Monte Vista Elementary School
• Ally Donnelly, Mesa Elementary School
• Emily Hua, Grovecenter Elementary School
• Megan Monges, Merlinda Elementary School
• Imani Payton, Mesa Elementary School
• Mariejo Plaganas, Orangewood Elementary School
• Michelle Ross, Rowland Elementary School
• Solomon Sibrie, Westcove Elementary School
• Amber Tang, Monte Vista Elementary School
• Steven Ticu, Orangewood Elementary School
• Daniel Wang, Mesa Elementary School
2006 Calendar Grand Prize Winner
• Justin Fu, San Jose -Edison Academy School
West Covina Rose Float Foundation President Frank Scalfaro
introduced Mt. Sac students who presented a presentation on the
recommended interior and exterior improvements to the Heritage
Home.
ORAL COMMUNICATIONS
Marilee Marrero Marilee Marrero, representative of the West Covina Library,
presented newly elected Councilmembers with VIP library cards
and announced library programs.
Rudy Almeida Rudy Almeida, West Covina resident, commented on the decision
made by Council regarding the payment of Councilmember
Hernandez's legal fees.
Ed Casanova Ed Casanova, West Covina resident, thanked the Council for
allowing the ROTC cadets to present colors.
• John Scheuplein John Scheuplein, West Covina resident, thanked the Rose Float
Foundation for their work in the Heritage House and wished happy
holidays to the community.
Tyra Mason Tyra Mason, representing the Chamber of Commerce, encouraged
residents to shop in West Covina and promoted the Farmers
Market.
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Council minutes of December 20, 2005
COUNCIL REORGANIZATION
City Attorney's Office
Issues Relating to the Mayor's Rotation and Council
Reorganization as a Result of the Change in the Municipal
Election Date
B-1 City Attorney Alvarez-Glasman presented a brief staff report
Mayor's Rotation/Reorganization outlining the reorganization of Council. The West Covina
Municipal Code states the annual reorganization of Council is to
occur in March but State Law also requires reorganization
following an election. City Attorney also requested the City
Council provide direction if they wish to adjust the annual rotation
period from the current code requirement of March.
John Scheuplein, West Covina resident, suggested the Council
reappoint Shelley Sanderson as Mayor and appoint the person, who
is next in the rotation, to Mayor Pro Tem.
Royall Brown, West Covina resident, stated Shelley Sanderson
should be reappointed to the position of Mayor and the current
Council rotation should be upheld.
Councilmember Herfert stated his support for Mayor Sanderson to
continue as Mayor until March. He would like to have the Council
reorganization coincide with the general election month, which is
November. Councilmember Herfert also stated his concerns about
having Councilmember Hernandez serve in the position of Mayor
Pro Tem due to a recent investigation involving him.
Councilmember Touhey stated the current ordinance allows
Council to modify the rotation with a four -vote agreement in order
to deal with unusual circumstances. Councilmember Touhey felt it
would be inappropriate to appoint an individual to a leadership
position while they are under investigation and does not support
Councilmember Hernandez rotating to the Mayor Pro Tem
position.
Motion Motion by Touhey and seconded by Lane to reaffirm Mayor
Sanderson to the position of Mayor through March and appoint
Councilmember Herfert to the position of Mayor Pro Tem.
Councilmember Lane stated she did not feel it was in the best
interests of the City to appoint Councilmember Hernandez to
Mayor Pro Tem due to the current investigation.
Councilmember Herfert stated that when the investigation is over
and if Councilmember Hernandez were exonerated he would
anticipate Councilmember Hernandez to return back to his current
position in the rotation.
City Attorney Alvarez-Glasman suggested Council vote on the
positions of Mayor and Mayor Pro Tem separately.
Motion Motion by Touhey and seconded by Herfert to reaffirm Shelley
• Sanderson to the position of Mayor through the second meeting in
March 2006. Motion carried 4-0.
Motion Motion by Touhey and seconded by Lane to change the rotation
and place Councilmember Herfert into the position of Mayor Pro
Tem.
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Council minutes of December 20, 2005
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Mayor Sanderson said she was hoping Councilmember Hernandez
would be here for this discussion but the government code states
the Council must reorganize at tonight's meeting.
Action Motion carried 4-0.
Councilmember Herfert requested the ordinance for the rotation be
changed to make the next rotation from March 2006 to November
2006 and thereafter have the annual rotation to coincide with the
General Election in November.
UPDATES/REPORTS FROM CONSULTANTS - None
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS — None
PUBLIC HEARING
C-1 PUBLIC HEARING
CDBG Action Plan Amendments to the FY 2005-2006 Community Development
Block Grant (CDBG) Action Plan
Mayor Sanderson announced the public hearing. Assistant City
Clerk Rush verified that proper legal notice had been given and
Mayor Sanderson opened the hearing. Community Services
Director Steve Samaniego presented the staff report, which
identified the following as proposed amendments:
• Residential Street Improvements — funding increased from
$125,000 to $625,000
• Curb and Gutter Replacement Program — funding increased
from $10,000 to $50,000
• Installation of Picnic Shelters at Del Norte Park — funding
increased from $50,000 to $70,000
• ADA Street Barrier Removals — funding increased from
$50,000 to $60,000
• histallation of Picnic Shelters at Palm View Park — proposed
funding of $70,000
• Fire Engine at Station #3 — proposed funding of $450,000
• Turnouts at Fire Station #3 — proposed funding of $11,500
• Modifications for Audible Traffic Signal — proposed funding of
$2,000
• Storm Drain on Workman — proposed funding of $60,000
Councilmember Touhey asked if the City provided electrical
outlets at Del Norte and Palm View Park [the two parks proposed
for the installation of picnic shelters]. Public Works Director
Yauchzee responded that any power would be retained.
Councilmember Herfert asked if the money could be used for
programs or just capital expenditures. Management Analyst
McDonald answered that money for programming is set to a cap,
which we have reached, so the money available can only be used
for capital expenditures.
Public Testimony Mayor Sanderson opened the public testimony and with no one
wishing to address the Council Mayor Sanderson closed the public
testimony.
Motion Motion by Touhey and seconded by Herfert to approve the
proposed amendments. Motion carried 4-0.
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Council minutes of December 20, 2005
CONSENT CALENDAR
Award of Bid
D-la Award of Bid to Purchase Replacement Fire Engine
Replacement of Fire Engine Recommendation is that the City Council take the following
actions:
1. Waive the formal contract procedure and approve an award of
purchase for one new Pierce Arrow XT fire engine to South
• Coast Fire Equipment, Inc., the sole source distributor for
Pierce fire apparatus in Southern California, for a total cost of
$438,427.24 including sales tax per the pricing awarded by the
City of Los Angeles on their formal bid #615 and contract
#57925.
2. Appropriate $450,000 from the Community Development
Block Grant (CDBG) Fund Balance #131 to fund the purchase
of the replacement fire engine plus outfitting the new engine
with miscellaneous equipment such as hose, unit markings and
logo.
D-lb Award of Bid for Curb and Gutter Repair and Construction of
Curb and Gutter Repair Wheelchair Ramps (Projects Nos. SP-06104 and SP-06108)
Recommendation is that the City Council take the following
actions:
1. Appropriate $50,000 in Community Development Block Grant
(CDBG) funds from unappropriated CDBG funds to Project
No. SP-06104 (131.81.8625.7200) and appropriate $50,000 in
CDBG funds from unappropriated CDBG funds to Project No.
SP-06108 (131.81.8629.7200).
2. Accept the lowest responsive bid of Green Giant Landscape,
Inc. in the amount of $193,743.00 as submitted at the bid
opening on November 23, 2005, and authorize the Public
Works Director/City Engineer and City Clerk to execute the
contract.
D-1 c Award of Bid for Construction of Sidewalks
Construction of Sidewalks (Projects Nos. SP-06105 and SP-06107)
Recommendation is that the City Council take the following
actions:
1. Transfer $50,000 from Maintenance Division Salary Savings
(Gas Tax Funds) (Account No. 124.41.4151.5111) to Project
No. SP-06105 (Account No. 124.81.8626.7200).
2. Accept the bid of Gentry Brothers, in the amount of
$165,062.50 as submitted at the bid opening on November 23,
2005, and authorize the Public Works Director/City Engineer
and City Clerk to execute the contract.
D-ld
Purchase of Police Vehicles
Purchase of Police Vehicles
Recommendation is that the City Council take the following
actions:
1. Authorize the purchase of eight police vehicles along with
eight Extended Service Plans (ESP) from the lowest
responsible bidder Clippinger Ford, for a total cost of
$195,211.98 which includes sales tax.
2. Direct City staff to dispose of Unit P6 by auction.
isD-le
Purchase of One (1) Ford Escape Hybrid Vehicle
Purchase of Hybrid Vehicle
Recommendation is that the City Council approve an award of
purchase for one (1) 2006 Ford Escape hybrid vehicle to
Clippinger Ford for a total cost of $26,401.92 including sales tax
and standard warranty.
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Council minutes of December 20, 2005
Miscellaneous — Finance Department
D-2a Comprehensive Annual Financial Report for the Year Ended June
Annual Financial Report 30, 2005
Recommendation is that the City Council receive and file the
City's Comprehensive Annual Financial Report for the fiscal year
ended June 30, 2005.
• D-2b Approval of the Subordination Agreement Related to the Sale of
Sale of Lakes Property the Lakes Project by West Covina Lakes Associates, LLC
(WCLA) to Ten West Associates, LLC.
Recommendation is that the City Council approve the request of
West Covina Lakes Associates to execute the Subordination
Agreement, which transfers the obligations of the Indemnity
Agreement dated February 28, 1989 from WCLA to the new
owner of the Lakes property, Ten West Associates, LLC.
Miscellaneous — Public Works
D-2c Change Order Authorization for Del Norte Park Picnic Shelter
Del Norte Park Picnic Shelter (Proiect No. PP-06203)
Recommendation is that the City Council authorize the Public
Works Director/City Engineer to negotiate a project Change Order
to accept the additional work to install a total of four "Poligon"
style picnic shelters at Del Norte Park and Palmview Park, and
appropriate $80,000 from the unreserved Community
Development Block Grant (CDBG) fund balance to Account No.
131:82.8619.7700.
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Lane to approve all items on
the Consent Calendar. Motion carried 4-0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Sanderson recessed the Council meeting at 8:46 p.m. to
convene the Community Development Commission meeting. The
City Council reconvened at 8:47 p.m. with all members present.
DEPARTMENTAL MATTERS No reports for this meeting.
CONTINUED ORAL COMMUNICATIONS - None
MAYOR'S REPORTS Annual Appointment of City Council Representatives to Other
Agencies
H-1 Councilmember Touhey reported that he discussed the matter with
Annual Appointment Councilmember Lane and they would like to fill the positions left
vacant by outgoing Councilmembers Wong and Miller.
Mayor Sanderson asked if Councilmember Touhey would like to
take her position on the Hurst Ranch Board. Councilmember
Touhey accepted.
Mayor Sanderson confirmed the appointments to the various
agencies by reading the names of the organizations and the
Councilmember who will fill the position.
Mayor Sanderson requested the City Attorney check the rules for
membership on the Sanitation District to see if it is required that
the seat be held by the Mayor and Mayor Pro Tem.
Motion Motion by Herfert and seconded by Lane to accept all
appointments. Motion carried 4-0.
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Council minutes of December 20, 2005
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COUNCILMEMBERS' REPORTS
Councilmember Touhey requested to agendize for the I" meetin
in January consideration of changing the fireworks show for the 4`
of July celebration to Sunday July 2.
Councilmember Touhey requested funding be allocated so that
cementing the unpaved areas along the parkways in front of
schools and taller cones for crossing guards, be added to the Safe
Campus Program.
Councilmember Touhey also requested the recognition of the
South Hills High School football team for winning the Division 7
Championship be agendized for January 17. He also requested that
at future meetings high schools be recognized for whatever sports
and academic programs they have excelled in.
ADJOURNMENT Councilmember Touhey requested the meeting be adjourned in
memory of Betty Mackelvie, long time West Covina resident.
ATTES
Assistant C4 Clerk Susan Rush
Mayor Sanderson requested the meeting be adjourned in honor of
Edward I Connelly Sr. long time West Covina resident, former
Planning Commissioner and member of West Covina Beautiful
and West Covina Rotary.
Motion by Touhey and seconded by Herfert to adjourn the meeting
in honor of Betty Mackelvie and Edward J. Connelly Sr. at 8:58
pm. Motion carried 4-0.
M yor Shelley Sanderson
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