07-13-2006 - Special 2 Meeting - Minutes0
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MINUTES
SPECIAL JOINT MEETING OF THE
WEST COVINA CITY COUNCIL
and the
COMMUNITY DEVELOPMENT COMMISSION
JULY 13, 2006
Mayor Herfert called to order the special joint meeting of the West Covina City Council and Community
Development Commission at 7:07 p.m. in the Council Chambers at City Hall, 1444 W. Garvey Avenue,
West Covina.
PLEDGE OF ALLEGIANCE Mayor Herfert
ROLL CALL Mayor/Chairman Herfert, Mayor Pro Terri/Vice Chairman Touhey
Councilmembers/Commissioners Hernandez, Lane, Sanderson
(arrived at 7:12 p.m.)
Others Present: Pasmant, Nichols, Fields, Bachman, Hoppe, Chung, Lee, Durbin,
Freeland, Rush
REPORTING OUT FRO CLOSED SESSION
Deputy City Attorney Nichols reported the following:
City Council — Conference with Labor Negotiators — City
Council received a report from the negotiator and gave the
negotiator instructions; there was no reportable action.
Community Development Commission — Conference with
Real Property Negotiators — Parcel 1, 2, 3, 4, S, 6, 7 and 8 of
Parcel Map 60193 and 2533. East Workman Avenue — CDC
received a report, gave property negotiators instructions; there was
no reportable action.
Hold Over Mayor Herfert requested Item H-d, be held over due to the fact that
he did not receive notice of the late added item timely.
Mayor Pro Tem requested to recuse himself from any
action taken on the item. Councilmember Hernandez objected to
the item being held over as he received the item timely. Mayor
Herfert stated he did not receive the item until this evenings
meeting.
Motion by Herfert and seconded by Lane to hold Item II-d over.
Motion carried 2-1. (Hernandez no, Touhey abstain, Sanderson
absent).
Councilmember Sanderson arrived at 7:12 p.m.
PUBLIC COMMENT ON ITEMS ON THE AGENDA
Royall Brown Royall Brown, West Covina resident, suggested the Council
consider a vacant building at West Covina Parkway and Cameron
as a site for a food bank.
John Scheuplein John Scheuplein, West Covina resident, began by relaying a
conversation he had with a developer regarding Mayor Pro Tern
Touhey.
Mayor Herfert requested that Mr. Scheuplein be given an
oath before continuing with his testimony.
Deputy City Attorney Nichols administered oath to Mr.
Scheuplein. Mr. Scheuplein accepted by saying "I do."
Special Joint Meeting of the City Council and the Community Development Commission
July 13, 2006
Mr. Scheuplein addressed items on the agenda and perceived
conflicts with Mayor Pro Tern Touhey.
Councilmember Hernandez stated his objection to the Mayor
turning off the microphone of the speaker when the speaker
exceeded his allotted time.
• CONSENT CALENDAR— CITY COUNCIL
Councilmember Hernandez requested Items II -a, II-b, and II-c be
pulled from the consent calendar for separate consideration.
Risk Manager Hoppe presented a brief staff report regarding the
placement process for property insurance.
Miscellaneous — Risk Management
II-c Placement of Property Insurance for FY 2006-07
Property Insurance Recommendation is that the City Council approve placement of the
City's property insurance coverage with The Hartford for $67,125
FOR FY 2006-07.
Motion Motion by Herfert and seconded by Hernandez to approve the
placement of property insurance with The Hartford for $67,125 as
recommended by staff. Motion carried 5-0.
Risk Manager Hoppe presented a brief report regarding the City's
membership in BICEP and insurance coverage.
II -a Payment of FY 2006-07 Excess Liability Insurance Coverage and
Approval of Continued Membership with the Big Independent
Cities Excess Pool (BICEP)
Excess Liability Recommendation is that the City Council:
1) Approve renewal of the City's 2006/07 excess liability
insurance coverage with the Big Independent Cities Excess
Pool (BICEP) in an amount not to exceed that budgeted of
$395,000, to be paid from account 361.15.1530.6411.
2) Approve West Covina's continued membership in BICEP for
an additional three years beginning July 1, 2006.
II-b Payment of FY 2006-07 Excess Workers' Compensation Insurance
Coverage
Workers' Compensation Recommendation is that the City Council approve payment of the
City's 2006-06 Excess Workers' Compensation and Employer's
Liability coverage with the Big Independent Cities Excess Pool
(BICEP), in the amount of $79,546, to be paid from account
363.15.1530.6418.
Motion Motion by Sanderson and seconded by Herfert to approve the
City's continued membership in BICEP, approve renewal of the
City's 2006-07 excess liability insurance coverage with BICEP and
approve payment of excess workers' compensation and employer's
liability coverage with BICEP as outlined in staff s
recommendation. Motion carried 4-1 (Hernandez no)
• CONSENT CALENDAR — CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
The following item was held over by Council action at the
beginning of the meeting.
II-d Resolutions Authorizing the City Manager/Executive Director with
the Power to Give Notices to Property Owners and Tenants
Regarding the Intent of City of West Covina's Legislative Bodies
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Special Joint Meeting of the City Council'and the Community Development Commission
July 13, 2006
to Consider the Adoption of a Resolution of Necessity for Public
Condemnation of Certain Property Located at the Northwest Area
of West Covina Parkway, Toluca Avenue, Cameron Avenue and
Orange Avenue and Hearing Related Thereto
RESOLUTION NO. - A RESOLUTION OF THE
• CITY COUNCIL OF THE CITY OF WEST COVINA
AUTHORIZING THE CITY MANAGER WITH THE POWER
TO GIVE NOTICES TO PROPERTY OWNERS AND
TENANTS REGARDING THE INTENT OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA TO CONSIDER
THE ADOPTION OF A RESOLUTION OF NECESSITY FOR
PUBLIC CONDEMNATION OF CERTAIN PROPERTY
LOCATED AT THE NORTHWEST AREA OF WEST COVINA
PARKWAY, TOLUCA AVENUE, CAMERON AVENUE AND
ORANGE AVENUE AND HEARING RELATED THERETO
RESOLUTION NO. - A RESOLUTION OF THE
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF WEST COVINA AUTHORIZING THE EXECUTIVE
DIRECTOR WITH THE POWER TO GIVE NOTICES TO
PROPERTY OWNERS AND TENANTS REGARDING THE
INTENT OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF WEST COVINA TO
CONSIDER THE ADOPTION OF A RESOLUTION OF
NECESSITY FOR PUBLIC CONDEMNATION OF CERTAIN
PROPERTY LOCATED AT THE NORTHWEST AREA OF
WEST COVINA PARKWAY, TOLUCA AVENUE, CAMERON
AVENUE AND ORANGE AVENUE AND HEARING
RELATED THERETO
JOINT PUBLIC HEARING APPROVAL OF PURCHASE AND SALE AGREEMENT
BETWEEN THE CITY OF WEST COVINA COMMUNITY
DEVELOPMENT COMMISSION AND M&A GABAEE,
L.P., REGARDING A PORTION OF PARCEL 12 AND ALL
OF PARCEL 13 OF PARCEL MAP 60193 LOCATED AT
THE NORTHEAST QUADRANT OF AMAR ROAD AND
AZUSA AVENUE
Mayor Pro Tern Touhey recused himself from participating due to
prior working relationship with the developer.
Mayor Herfert announced the public hearing and Assistant City
Clerk Rush verified that proper legal notice had been given.
Mayor Herfert opened the public hearing. Project Manager Duran
Villegas presented staff report, which outlined the purchase and
sale agreement of property at the BKK site.
Staff responded to questions regarding marketing attempts,
development of the parcels and the projected assessed value.
Councilmember Hernandez inquired as to the original ENA and
expressed his concern to the selling of land without a specific
• development plan. Council engaged in discussion with staff the
developer's request to purchase, timeframe for the developer to
present a development plan and prior Council direction (during
closed session discussion) regarding the sales of the property.
Motion by Councihnember Hernandez to bring this item back to
the first meeting in August with a plan from the developer.
Motion failed due to a lack of a second.
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Special Joint Meeting of the City Council and the Community Development Commission
July 13, 2006
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Assistant City Clerk verified that no written communication has
been received regarding this joint public hearing.
Public Testimonv Mayor Herfert requested public testimony and the following
addressed the City Council.
Mr. Gabaee, applicant of the project, addressed some of the
concerns presented by Council. Mr. Gabaee answered question
regarding the type of development he is considering and stated his
company would contact a hotelier if Council was interested.
Royall Brown, West Covina resident, commented on preservation
of the gnatcatcher area and the one acre area that will be sold to
Suburban Water.
John Scheuplein, West Covina resident, felt the community should
be aware, addressed issues of marketing and stated there was not
enough notice to the public regarding this meeting.
Testimony Closed Mayor Herfert closed the public testimony portion of the hearing.
Council Discussion Councilmember Sanderson addressed several "pluses" of the sale
of the property and stated that Council will approve a Precise Plan
for development within 90 days.
Councilmember Hernandez stated he would not support the sale
without a business plan in place and spoke of the advantages of a
competitive bid process.
Councilmember Lane stated her support and also added that any
development plan will be approved by Council.
City Council Action:
Assistant City Clerk presented:
Resolution No. 2006-65 RESOLUTION NO. 2006-65 — A RESOLUTION OF THE CITY
COUNCIL OF WEST COVINA APPROVING THE
EXECUTION OF THE AGREEMENT FOR PURCHASE AND
SALE AND JOINT ESCROW INSTRUCTIONS BY AND
BETWEEN THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF WEST COVINA AND M&A
GABAEE, LP, AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
Motion by Sanderson and seconded by Herfert to waive further
reading of the resolution, read by title only and adopt. Motion
carried 3-1-1 (Hernandez no, Touhey abstained)
Community Development Commission Action:
Assistant Secretary presented:
Resolution No. 589 RESOLUTION NO. 589 — A RESOLUTION OF THE
COMMUNITY DEVE3LOPMENT COMMISSION OF THE
CITY OF WEST COVINA APPROVING AND AUTHORIZING
THE EXECUTION OF A PURCHASE AND SALE
AGREEMENT BY AND BETWEEN THE CITY OF WEST
COVINA COMMUNITY DEVELOPMENT COMMISSION
AND M&A GABAEE, OP, AND MAKING CERTAIN
FINDINGS IN CONNECTION
Motion by Sanderson and seconded by Herfert to waive further
reading of the resolution, read by title only and'adopt. Motion
carried 3-1-1 (Hernandez no, Touhey abstained)
Mayor Pro Tem Touhey returned to the dais at 8:40 p.m.
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Special Joint Meeting of the City Council and the Community Development Commission
July 13, 2006
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Council engaged in discussion regarding proposed development of
property at the Civic Center.
ADJOURNMENT Motion by Touhey and seconded by Herfert to adjourn the City
Council and Community Development Commission meeting at
8:47 p.m. in memory of Covina police officer Scott Hansen.
Motion carried 5-0.
Subs ted by
Assistant Cit Clerk Susan Rush
G
Mayor Steve H rfert
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