01-03-2006 - Regular Meeting - Minutes•
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MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
January 3, 2006
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:21 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION City Manager Andrew Pasmant
PLEDGE OF ALLEGIANCE Led by Councilmember Hernandez
ROLL CALL Mayor Sanderson, Mayor Pro Tem Herfert
Councilmembers Hernandez, Touhey
Absent: Councilmember Lane
Others Present: Pasmant, Fields, Alvarez-Glasman, Freeland, Samaniego, Yuasa,
Smilowitz, Garcia, Yauchzee, Chung, Rush
REPORTING OUT FROM CLOSED SESSION_
City Attorney, Alvarez-Glasman reported the following:
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 that all members were present
except for Councilmember Lane.
Conference with Counsel — Existing Litigation - Angela
Williams v. City of West Covina: Council received a briefing
direction was provided to the City Attorneys Office, no final action
taken and nothing further to report.
Conference with Legal Council Anticipating Litigation:
One Matter -The CDC board unanimously authorized the City
Attorney to proceed with litigation if default occurs as of Friday
(01/06/06). The matter is subject to disclosure once the litigation
is filed, pursuant to the Brown Act.
Conference with Real Property Negotiators: 1444 West
Garvey Avenue South — The record should reflect that Board
Member Touhey did not participate is this discussion. Council
received a briefing from legal counsel, direction was provided, no
final action taken and nothing further to report.
CHANGES TO THE AGENDA None
APPROVAL OF MINUTES The following minutes were approved as presented:
Regular meeting of June 7, 2005
Special Meeting of June 21, 2005
Regular Meeting of June 21, 2005
PRESENTATIONS Blue Star Video was aired.
ORAL COMMUNICATIONS
Joanne Wilner Joanne Wilner, West Covina resident, requested the Council start
the new year preserving the quality of life in West Covina and
stated the need to update the general plan.
Council minutes of January 3, 2006
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Lloyd Johnson Lloyd Johnson, West Covina resident, praised the publication of
the "Examiner" for their coverage on the swearing in of the new
Council.
John Scheuplein John Scheuplein, West Covina resident, asked how long a potential'
conflict of interest lasts.
Tyra Mason Tyra Mason, representing the West Covina Chamber of
Commerce, promoted the West Covina Farmers Market.
UPDATES/REPORTS FROM CONSULTANTS — No Reports
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS — No items carried over.
CONSENT CALENDAR Councilmember Touhey stated he would abstain for the one item
on the consent calendar due to the fact that he owns property in the
Redevelopment Area.
Miscellaneous — Finance
D-1 City Pass -Through of Tax Increment
Recommendation is to adopt the following resolution:
Resolution No. 2005 - 01 RESOLUTION NO. 2005-01 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
TO ELECT TO RECEIVE THE CITY'S SHARE OF TAX
INCREMENT REIMBURSEMENTS FROM PROJECTS
ADOPTED OR AMENDED AFTER JANUARY 1, 1994,
PURSUANT TO HEALTH AND SAFETY SECTION 33607.5(B)
CONSENT CALENDAR ACTION Motion by Herfert, seconded by Hernandez to waive further
reading of the resolution and adopt. Motion carried 3-0-1. Touhey
abstained. Lane was absent.
PUBLIC HEARINGS No reports for this meeting.
COMMUNITY DEVELOPMENT COMMISSION - No meeting scheduled.
DEPARTMENTAL MATTERS
Community Development Commission
G-1 Northern 100-Acre Site Grading
Northern 100-Acre Site Grading Councilmembers reviewed the report. Mayor Pro Tern Herfert
stated the grading is an extension of the grading already in
progress.
Motion Motion by Herfert and seconded by Hernandez to authorize a
change order to the existing Yeager-Skanska (City) Grading
Contract to grade a portion of the northern section of the 100-acre
site (not including the 700 or 750 pads), which will result in a total
pad area of approximately 27 net developable acres.
Royal Brown, West Covina Resident, stated concerns with the
grading coverage and addressed several issues with the grading
site.
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Council minutes of January 3, 2006
Joanne Wilner, West Covina resident, had several questions about
the grading project and she also spoke about her concerns that not
enough land is being devoted to open space.
John Scheuplein, West Covina resident, requested that more
information be made available to the public.
. City Manager Pasmant responded that the grading project is per the
original plan approved by the Council. He reported the pace of the
grading has been slower than anticipated, but everything else is the
same.
Councilmember Touhey asked if all of the proposed grading
requirements proposed at this meeting had already been approved
at a previous open public meeting. Pasmant responded that the
grade elevations are the same as when the grading contract was
awarded. He further explained that the Integrated Waste
Management Board is currently addressing issues regarding
drainage.
Mayor Pro Tem Herfert stated the extension of the grading is a
money saving effort to keep the graders on site rather than pull
them off and then bring them back later. He also stated the
development provides a balance of both open space and
development.
City Manager Pasmant said the City is currently putting together a
video to show residents what is going on at the site.
Motion Motion by Herfert and seconded by Touhey to approve a change
order to the existing Yeager-Skanska (City) Grading Contract to
grade a portion of the northern section of the 100-acre site. Motion
carved 4-0.
CONTINUED ORAL COMMUNICATIONS
Mary Grace Barrios Mary Grace Barrios, West Covina resident, spoke in favor of
reconsidering the action taken at the previous meeting relating to
the appointment of Mayor Pro Tem and to allow Councilmember
Hernandez an opportunity as Mayor Pro Tem.
In reference to a speaker during earlier oral communications,
Mayor Sanderson asked the City Attorney what the laws were
regarding conflicts of interest.
City Attorney Alvarez-Glasman responded that there are a
variety of circumstances which would substantiate a conflict and
generally a conflict would exist for a period of a year. City
Attorney further stated that State law does not provide that
campaign contributions trigger conflict of interest laws.
• MAYOR'S REPORTS — No reports.
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Council minutes of January 3, 2006
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COUNCILMEMBERS' REPORTS
J-1 Councilmember Touhev
Fourth of July Celebration City of West Covina 4` of July Celebration Fireworks Display
Date to be on Sunday July 2, 2006
Councilmember Touhey gave a report recommending that the
fireworks display be held on Sunday July 2, 2006 instead of
Tuesday the 4ch to provide for a continuous flow of the three day
event.
John Hughes, West Covina resident, spoke in favor of changing the
date of the fireworks display in both 2006 and 2007 to the weekend
in conjunction with the MDA three-day event.
John Scheuplein, West Covina resident, supported the change of
the fireworks display.
Motion Motion by Herfert and seconded by Touhey to approve the 4`h of
July fireworks display change of date to July 2, 2006. Motion
carried 4-0.
J-2 Councilmember Touhey
Citywide Wireless Internet Citywide Wireless Internet System
Councilmember Touhey gave a brief report and "requested pursuing
in more detail at the January 17 Council meeting.
Ed Casanova, West Covina resident, spoke in favor of installing a
citywide wireless Internet system.
Motion Motion by Touhey and seconded by Herfert to agendize citywide
wireless Internet system for the January 17 Council meeting.
Amendment Amendment requested by Hernandez to have immediate action to
install wireless equipment in City facilities that already have
Internet service.
Action Councilmember Touhey accepted the amendment. Motion carried
4-0.
J-3 Councilmember Touhey
First Time Home Buyers Councilmember Request Regarding Pursuing a First Time
Home Buyers Program with the East San Gabriel Valley
Regional Occupation Program (ROP)
Councilmember Touhey gave a brief report requesting the
possibility of the Community Development Commission
partnering with the East San Gabriel Valley ROP to develop a First
Time Homebuyers Program.
Motion Motion by Touhey and seconded by Herfert to have this agendized
for the January 17 Council meeting, or the meeting thereafter, to
further discuss and set a meeting with the East San Gabriel Valley
ROP.
John Scheuplein, West Covina resident, spoke in support of the
proposed program.
Action Motion carried 4-0.
Council minutes of January 3, 2006
J-1 Reconsideration Councilmember Touhey requested to reconsider action on J-1,
Fireworks Display Fourth of July Fireworks Celebration to amend motion.
Motion by Touhey and seconded by Herfert to reconsider
previous action on Item J-1. Motion carried 4-0.
• Motion by Touhey and seconded by Hernandez to amend the
previous motion of approving the 4`h of July fireworks display
change of date to July 2, 2006 and to contact the school district to
make sure the change is acceptable to them. Motion carried 4-0.
J-4 Councilmember Hernandez
Reconsideration of Appointment Reconsideration of Appointment of Mayor Pro Tem
of Mayor Pro Tem Councilmember Hernandez gave a report regarding the
reconsideration of the appointment of the Mayor Pro Tem.
Councilmember Hernandez stated he felt the spirit of the rotation
ordinance was to ensure the opportunity for all Councilmembers to
serve as Mayor and Mayor Pro Tem and requested as to why the
previous action of changing the order of rotation took place.
Councilmember Hernandez stated he has not been charged with
any crime and reminded the Council that at a previous meeting
they had commented that charges were only allegations.
Mayor Pro Tem Herfert replied that the Council acted within the
scope of the ordinance and did what they felt was best for the City
of West Covina. Mayor Pro Tem Herfert stated once the current
investigation has passed, it would then be appropriate to reinstate
Hernandez in the rotation.
Royal Brown, West Covina resident, spoke in, favor of returning
the position of Mayor Pro Tem to the normal rotation and stated he
felt that it was inappropriate to assume a crime due to search
warrants being issued.
Council discussion ensued regarding the lack of information that is
available to the Council. City Attorney Alvarez-Glasman
confinned that the documents in the possession of the District
Attorney are sealed and that information is not available.
Bill Roe, West Covina Resident, inquired as to whether
Councilmember Hernandez would be put back in the rotation if he
were exonerated of the allegations.
Councilmember Touhey stated he would support
Councilmember Hernandez returning the rotation, to the position
he would have been in if the rotation had not been changed, once
the allegations are cleared.
John Scheuplein, West Covina resident, offered comments in
support of reconsidering the appointment of Mayor Pro Tem. Mr.
Scheuplein raised issues of conflict of interest and stated there will
be conflicts before this Council.
• Councilmember Herfert informed the speaker that he
should report any violations of conflict of interests to the
appropriate agency.
Recess Mayor Sanderson called for a five-minute recess at 8:55 p.m. The
City Council reconvened at 9:03 p.m. with all members presents
except Councilmember Lane who was absent.
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Council minutes of January 3, 2006
George Ogden, West Covina resident, offered his comments on the
issues and spoke in favor of returning the position of Mayor Pro
Tern to the normal rotation.
John Shewmaker spoke in favor of returning the position of Mayor
Pro Tem to the normal rotation and that the change of rotation is
not a fair process. •
Councilmember Hernandez stated that following the rotation
ordinance without any changes removes the politics. He reported
he would step away from a leadership position if there were an
indictment.
Motion Hernandez motioned that the Council rotation be returned to its
normal rotation and he assume the position of Mayor Pro Tern with
the caveat he would step down if an indictment came forward.
Motion failed Motion failed due to lack of a second.
Motion Motion by Herfert and seconded by Touhey to receive and file.
Motion carried 3-1. (Hernandez voted no)
Councilmember Comments Mayor Pro Tern Herfert commented that the parking lot tonight
was very dark. He would like a report to come back to Council
regarding security proceedings for Council meetings.
ADJOURNMENT
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Assistant City Clerk Susan Rush
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Councilmember Hernandez requested the following:
• An update of the redesigning of the general plan.
• The Downtown Master Plan be agendized for January 17 with
an option to give direction with requests for proposals.
• A report on the median improvements that were discussed with
the County of Los Angeles.
Motion by Touhey and seconded by Herfert to adjourn the meeting
at 9:35 p.m. Motion carried 4-0.
-----'Mayor Shelley Sanderson
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