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01-03-2006 - Regular Meeting - Minutes• • 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 1] • 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. -2- 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. -3- Council minutes of January 3, 2006 0 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. -5- 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 G� Assistant City Clerk Susan Rush • 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 1011