08-01-2006 - Regular Meeting - MinutesLl
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MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
August 1, 2006
Mayor Herfert 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
PLEDGE OF ALLEGIANCE
Absent:
Pastor Kelly Dupee.
Faith Community Church
Mayor Herfert
Mayor Herfert, Mayor Pro Tern Touhey
Councilmembers Hernandez, Sanderson
Councilmember Lane
Others Present: Pasmant, Alvarez-Glasman, Bachman, Chung, Durbin, Freeland,
Garcia, Hoppe, Lee, McIsaac, Nichols, Rush, Samaniego, Wills,
Yauchzee
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
Prior to convening into closed session, all items on the
City Council agenda were announced for inclusion in the closed
session discussion. All members were present with the exception
of Councilmember/Commissioner Lane.
Conference with Legal Counsel — Existing Litigation — Joshua
Kilzi vs. City of West Covina — Briefing was provided, no final
action taken and nothing further to report.
Davis vs. City of West Covina — Briefing was provided, no final
action taken and nothing further to report.
Public Employee Performance Evaluation — City Manager —
Briefing was provided, no final action taken and nothing further to
report.
Councilmember Hernandez stated he removed himself from
discussion regarding Public Employee Performance.
Councilmember Hernandez opined that it did not meet the criteria
for closed session.
CHANGES TO THE AGENDA City Manager Pasmant stated that a correction to Item E-5.1.III,
has been submitted to the Council. Correction as follows:
Mayor Herfert requested Item E-5.1.IV be held over to the
following meeting.
Mayor Herfert requested City Council Item I-3 and Community
Development Commission Item I-D be held over.
Mayor Pro Tem Touhey stated that since he works for the
company, outside of the City, he would recuse himself from
discussion and left the dais.
Mayor Herfert explained that the item on the CDC agenda is a
request for the Executive Director to send a letter to specific
property owners requesting the use of eminent domain. Since a
Resolution of Necessity for Condemnation requires four
affirmative votes, Mayor Herfert felt it prudent to hold this item
over until there were four members present at the dais.
Council Minutes of August 1, 2006
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PRESENTATIONS
VIDEO PRESENTATION
ORAL COMMUNICATIONS
Leonard W. Rose, Jr.
Mayor Herfert called to order the Community Development
Commission at 7:20 p.m. to take action to hold items over.
Assistant City Clerk called roll call. All members were present
with the exception of Commissioner Lane. The record should
reflect that Vice Chairman Touhey was present for the CDC
meeting but had recused himself for the pending item.
Motion by Herfert and seconded by Sanderson to hold over City
Council Item 1-3 and CDC Item I-D. Motion carried 3-0.
Mayor Pro Tem Touhey returned to the dais at 7:25 p.m.
Blue Star Video was aired.
Mayor Herfert, assisted by City Manager Andrew Pasmant,
presented Steve Samaniego, Environmental. Director with a
resolution of commendation for serving the past three years as the
Interim Community Services Director.
City Manager Andrew Pasmant introduced Michele McNeill as the
new Community Services Department Director as of June 26, 2006
and welcomed her on behalf of the entire City of West Covina.
Mayor Herfert introduced Jack French, Interim Executive Director
of San Gabriel Valley Chapter of the American Red Cross. Mr.
French introduced members of the Board of Directors.
City Manager Andrew Pasmant introduced the airing of the City's
Sportsplex video.
Leonard W. Rose, Jr. of La Puente, addressed a concern about the
Eastland Mall Security.
John Hughes John Hughes, West Covina resident, announced the upcoming
Hurst Ranch Birthday celebration and the success of the MDA
fundraiser.
Mayor Herfert requested recognition of the volunteers of the MDA
4ch of July event at the first meeting in September.
Tyra Mason Tyra Mason, representing the Chamber of Commerce, promoted
the West Covina Farmers' Market and upcoming Chamber events.
Milford C. Walker Milford C. Walker, West Covina resident, addressed the recent trip
to China by the Mayor and Mayor Pro Tem.
Pablo Emilio Torres Pablo Emilio Torres, West Covina resident, commented on the
parking restrictions imposed on street sweeping days.
Joanne Wilner Joanne Wilner, West Covina resident, addressed several items
which included the recent trip by the Mayor and Mayor Pro Tem,
Dynamic Business project, Historical Resources Survey,
redevelopment funds, and the new oral communications time limit
restriction.
Sue Nunez Sue Nunez, West Covina resident, presented a letter of thank you
to Lt. Mark Dettor and Police Chief Wills for their assistance with
the removal of the boys Home on Loma Vista Dr.
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Council Minutes of August 1, 2006
J. Diaz J. Diaz, West Covina resident, made several comments regarding
the Glendora Avenue project, CDC development projects and the
recent travels of the Mayor and Mayor Pro Tem.
Shirley Buchanan Shirley Buchanan, West Covina resident, commented on the recent
Council decision approving the Big League Dreams project, effect
it may have an property owners in the City and the recent trip of
Athe Mayor and Mayor Pro Tem.
LarryEscobedo Lary Escobedo, West Covina resident, thanked the Council for
their support in the removal of the Boys Home on Loma Vista
Drive.
Councilmember Hernandez responded to comments made by
speaker Buchanan.
Bruce Leinbach Bruce Leinbach, West Covina resident, addressed the recent sale of
commercial property at the Sportsplex Park Site and the Mayor and
Mayor Pro Tem's recent trip.
John Scheuplein John Scheuplein, West Covina resident, voiced his opinion on the
recent change to procedures addressing the City Council, several
issues of Councils actions, and several of the agendized items.
Royall Brown Royall Brown, West Covina resident, addressed provisions of
AB1234, which requires Councilmembers to report on
meetings/conferences attended that are paid by the City.
Mayor Pro Tem Touhey stated a report is available in regards to
the recent trip.
Lloyd Johnson Lloyd Johnson, West Covina resident, commented on property on
San Bernardino Road in need of clean up, requested Council
consider a dog park in the City and hoped they would recognize
the heroics of a local girl.
Herb Redholtz Herb Redholtz, West Covina resident, requested rerunning the
Sportsplex video, voiced his opposition to the agendized item of
looking into an in-house attorney, supported a Public Information
Officer and renewal of the current graffiti contract.
Councilmember Hernandez responded to comments by Mr.
Redholtz.
Luis Chacon Luis Chacon, West Covina resident and President of the West
Covina Historical Society, commented on the Historical Resources
Survey and historic preservation program.
May Alhassen May Alhassen, West Covina resident, addressed the City's "Stop
Graffiti" program and suggested the Council consider public
venues for youth to artistically express themselves.
Councilmembers responded to several comments made by
speakers including the disclosure of the Mayor and Mayor Pro
Tem business trip to China. Councilmember Hernandez
commented on his inability to receive information regarding the
trip.
Councilmember Sanderson requested either clarification or
an opinion on how staff is to respond to questions received directly
from a Councilmember.
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Council Minutes of August 1, 2006
UPDATES/REPORTS FROM CONSULTANTS
No reports for this meeting.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
No reports for this meeting.
. PUBLIC HEARINGS Public Hearing
D-1 West Covina Landscape Maintenance District No. 7
Mayor Herfert announced the public hearing matter and Assistant
City Clerk Rush verified that proper legal notice had been given.
Mayor Herfert proceeded to open the hearing. Deputy City
Attorney Scott Nichols explained the proposed assessment process.
Public Works Director Yauchzee presented the staff report in
detail.
Public Testimony Mayor Herfert opened the public testimony portion of the hearing
and asked for public comments.
Testimony Closed There being no one desiring to speak before the Council, Mayor
Herfert closed the public testimony portion of the hearing.
Closed Hearin e There were no property owners wishing to submit or change their
ballots, Mayor Herfert recessed the hearing at 9:22 p.m. for the
ballot tabulation process.
G-3 Mayor Herfert brought forward Item G-3.
DEPARTMENTAL MATTERS Planning Department
Historic Resources Survey
Historic Resources Survey Planning Director McIsaac presented a staff report and a
PowerPoint presentation. The presentation provided a summary of
the historic survey results, photos of a few of the homes that have
been determined to be eligible, and outlined the next steps in
establishing a historic preservation program.. Representatives
from the consulting firm utilized for the survey, Historic
Preservation Partners, outlined components of the survey and
answered questions.
Motion by Herfert and seconded by Hernandez to accept the
Historic Resources Survey and direct staff to begin the preparation
of an ordinance establishing a voluntary local historic preservation
program. Motion carried 4-0.
CONSENT CALENDAR
E-1 City Council Meeting Minutes. (receive & file)
City Council Minutes Special Meeting of June 6, 2006
Regular Meeting of June 6, 2006
Special Meeting of June 20, 2006
E-2 Commission Summary of Actions (receive & file)
• Summary of Actions a) Community Services 05/09/06 & 07/11/06
b) Human Resources 06/14/06
c) Planning Commission 07/06/06, 07/11/06 & 07/24/06
d) Senior Commission 06/08/06 & 07/13/06
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Council Minutes of August 1, 2006
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E-3
Claims Against the City
E-4a
Claims Against the City of West Covina (receive & file)
Government Tort Claim Denials
• Sheryl Greenwood vs. City of West Covina
• Jessica Ibarra vs. City of West Covina
• Mark Rubalcava vs. City of West Covina
Award of Bid
Traffic Signal-Valinda/Vine Aves. Valinda Avenue and Vine Avenue Traffic Signal Modification —
Protected Left -Turn for Valinda Avenue by Split Phase (Project
No. TP-04507)
Recommendation that City Council accept the bid of Christopher
R. Morales, Inc., in the amount of $11,989 as submitted at the bid
opening on July 25, 2006, and authorize the Public Works
Director/City Engineer and City Clerk to execute the contract.
E-4b Slope Repair on City Open Space Behind Hooper Drive
Slope Repair — Hooper Drive (Proiect Nos. SP-06409 and SP-07107)
Recommendation that the City Council take the following actions:
1. Appropriate $60,000 from unappropriated uninsured loss funds
to Account No. 360.81.8744.7200.
2. Accept the bid of Remedial Civil Contractor, Inc., in the
amount of $136,000 as submitted at the bid opening on July 18,
2006, and authorize the Public Works Director/City Engineer
and City Clerk to execute an agreement with. Remedial Civil
Contractor, Inc. of Montrose, California, for the work to be
done
E-5 Traffic Committee Minutes (accept & file)
Traffic Committee Minutes . Minutes from the Regular Meeting of June 20, 2006
(See correction under Changes to the Agenda)
(Item LIV held over to following meeting)
•, Minutes from the Regular Meeting of July 18, 2006
E-6 City Treasurer's Report (receive & file)
Treasurer's Report Treasurer's Reports for the Months of:
May 2006
• June 2006
E-7a Miscellaneous — Community Development Commission
ENA — Dynamic Holdings Exclusive Negotiating Agreement Between the City and Dynamic
2.6 Acres in Civic Center Business Holdings Inc. for the Potential Development of a 2.6
Acre Portion of the Civic Center Property
Recommendation that the City Council review and approve the
150-day Exclusive Negotiating Agreement (ENA) between
Dynamic Business Holdings, Inc. (Dynamic) for the potential
development of a 2.6 acre portion of the Civic Center Property for
a mixed -use commercial retail/office development.
E-7b Miscellaneous — City Manager's Office
WI-FI (Wireless Internet Program) WI-FI (Wireless Fidelity) Wireless Internet Program
Recommendation that the City Council direct City staff to send out
a Request for Proposals for a citywide broadband wireless network
franchise that utilizes City street lights, traffic signals, and
buildings as the mounting location for radio antennas in approved
areas.
E-7c Authorization to Add a Management Analyst I to the City
Management Analyst Position Manager's Office
It is recommended that the City Council:
Council Minutes of August 1, 2006
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E-7d
Senior Meals Program
Resolution No. 2006-66
1. Authorize adding a Management Analyst I in the City
Manager's Office to coordinate the City's public relations
efforts; and
2. Appropriate $35,000 from the General Fund Reserve and
$35,000 from the Community Development Commission
Reserve to fund the Management Analyst I position.
Miscellaneous — Community Services Department
FY 2006-2007 Older Americans Act Senior Nutrition Meals
Program Grant Application
Recommendation is that the City Council adopt the following
resolution:
RESOLUTION NO. 2006-66 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING THE SUBMITTAL OF A PROPOSAL FOR FY
2006-2007 OLDER AMERICANS ACT COMPETITIVE GRANT
FUNDS FOR THE SENIOR NUTRITION MEALS PROGRAM
E-7e Authorization to Apply to the Los Angeles County Regional Park
Funding — Cortez Park Trails and Open Space District for Fifth Supervisorial District Excess
Funding for Cortez Park Trails Extension Project
Recommendation is that the City Council:
1. Authorize the application to the Los Angeles County Regional
Park and Open Space District for Fifth Supervisorial District
Excess Funding for the Cortez Park Trails Extension Project. in
the amount of $150,000.
2. Adopt the following resolution:
Resolution No. 2006-67 RESOLUTION NO. 2006-67 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE APPLICATION FOR GRANT FUNDS
FROM THE LOS ANGELES COUNTY REGIONAL PARK
AND OPEN SPACE DISTRICT FOR FIFTH SUPERVISORIAL
DISTRICT EXCESS FUNDING FOR CORTEZ PARK TRAILS
EXTENSION PROJECT
E-7f Miscellaneous — Public Works
Maintenance Dist. No. 1 West Covina Landscape Maintenance District No. 1 — Setting of
2006-2007 Assessment Rate
Recommendation that the City Council adopt the following
resolution, which includes a 5.1% rate increase from 10.50 cents to
11.04 cents per 100 dollars of assessed valuation:
Resolution No. 2006-68 RESOLUTION NO. 2006-68 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SETTING" THE AMOUNT OF MONEY NECESSARY TO BE
RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE
DISTRICT NO. 1 AND FIXING THE TAX RATE FOR SAID
MAINTENANCE DISTRICT FOR THE FISCAL YEAR
BEGINNING JULY 1, 2006
E-7g West Covina Landscape Maintenance District No. 2 — Setting of
Maintenance Dist. No. 2 2006-2007 Assessment Rate
Recommendation that the City Council adopt the following
resolution, which includes a 2.0% rate increase from 5.82 cents to
5.94 cents per 100 dollars of assessed valuation:
Resolution No. 2006-69 RESOLUTION NO. 2006-69 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SETTING THE AMOUNT OF MONEY NECESSARY TO BE
RAISED FOR WEST COVINA LANDSCAPE MAINTENANCE
DISTRICT NO. 2 AND FIXING THE TAX RATE FOR SAID
MAINTENANCE DISTRICT FOR THE FISCAL YEAR
BEGINNING JULY 1, 2006
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Council Minutes of August 1, 2006
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E-8 Conference and Meeting Report
Conference and Meeting Report Councilmember Hernandez Conference and Meeting Report
Recommendation is to receive and file the report.
CONSENT CALENDAR ACTION Motion by Touhey and seconded by Hernandez to waive further
reading of the resolutions and adopt, and approve all items.
Motion carried by Roll Call vote:
AYES: Hernandez, Sanderson, Touhey, Herfert
NOES: None
ABSTAIN: None
ABSENT: Lane
COMMUNITY DEVELOPMENT COMMISSION
Mayor Herfert recessed the City Council meeting at 9:45 p.m. to
reconvene the Community Development Commission meeting.
Councilmember Hernandez left the dais at 9:46 p.m.
The City Council reconvened at 9:47 p.m. with all members
present except Hernandez and Lane.
DEPARTMENTAL MATTERS
Designation of Voting Delegate for League of California Cities
G-1 Annual Conference
League of California Cities Mayor Herfert asked the Council if any were planning on attending
the conference.
Motion by Herfert and seconded by Touhey to not appoint a voting
delegate as no Councilmember is planning on attending the
conference. Motion carried 3-0 (Hernandez absent).
G-2 Graffiti Removal Contract
Graffiti Removal Contract Environmental Management Director Steve Samaniego presented
the staff report.
Motion by Herfert and seconded by Touhey to direct staff to send
out a Request for Proposal for a Graffiti Removal contract.
Councilmember Sanderson stated she would support
renewing the contract with Urban Graffiti and would vote no to
going out with an RFP.
Motion carried 2-1 (Hernandez absent)
Councilmember Hernandez returned to the dais at 9:52 p.m.
Councilmember Hernandez asked for a reconsideration of the vote
in order to allow his vote.
Motion to Reconsider Motion by Touhey and seconded by Herfert to reconsider the
action taken. Motion carried 4-0.
Motion by Herfert and seconded by Touhey to direct staff to send
out a Request for Proposal for a Graffiti Removal contract.
Motion failed by a vote of 2-2.
Motion by Sanderson and seconded by Hernandez to renew the
Graffiti Removal contract with Urban Graffiti. Motion failed by a
vote of 2-2.
Motion by Sanderson and seconded by Herfert to bring this item
back to the next City Council meeting. Motion carried 4-0.
Council Minutes of August 1, 2006
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G-3 Historic Resources Survey
Historic Resources Survey This item was moved forward earlier in the evening for discussion
and action.
MAYOR'S/COUNCILMEMBERS' REPORTS
Mayor Herfert - Response to the County of Los Angeles'
H-1 Proposal to have a Homeless Shelter in West Covina
Homeless Shelter Community Services Director Michele McNeill presented the staff
report providing background and an update of the Los Angeles
County Homeless Prevention Initiative. McNeill responded to
questions.
Council was in concurrence in notifying the County of their strong
opposition in allowing a Homeless Stabilization Center in the City.
Council felt the County's proposal was flawed, was to great an
impact to the community, specifically to police services and the
City's financial resources, and they would not support.
Motion by Herfert and seconded by Hernandez to notify the Los
Angeles County Board of Supervisor with the concerns of the City
Council. Motion carried 4-0.
Mayor Herfert and Mayor Pro Tem Touhey — Conference and
H-2 Meeting Report
Conference & Meeting Report Mayor Pro Tem provided a report regarding his recent trip to
China to learn about the Maglev system.
Motion Touhey and seconded by Roger to receive and rile the
report. Motion carried 4 — 0.
COUNCIL REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS
Request from Councilmember Roger Hernandez Requesting
the City Council In -House Attorney to Research Hiring an In -
House City Attorney
Councilmember Hernandez presented his request to look into
possibility of hiring an in-house attorney.
Motion Motion by Hernandez to approve a study to look at the pros and
cons of an in-house attorney. Motion failed due to lack of second.
Councilmembers engaged in lengthy conversation sharing their
views regarding preferences for a City Attorney.
Motion Motion by Sanderson and seconded by Herfert to receive and file.
Motion carried 3-1 (Hernandez no).
Request from Councilmember Hernandez Requesting the City
Council to Consider Adopting a City Council/City Attorney
I-2 Ethics Policy
Motion by Herfert and seconded by Sanderson to receive and file.
Councilmember Hernandez requested Council discussion prior to
voting and Council engaged in a debate regarding ethics.
Mayor Herfert requested a vote on the motion. Motion carried 3-1
(Hernandez no).
Request from Councilmember Roger Hernandez Requesting
the City Council to Research Utilizing Revenues from Any
Future Redevelopment of the K-Mart Site for Public Safety
Council Minutes of August 1, 2006
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City Attorney Alvarez-Glasman stated this item was carried over at
the beginning of the meeting.
Mayor Pro Tem Touhey recused himself from participation in the
discussion of this item due to a conflict of interest and left the dais.
Councilmember Hernandez requested this be carried over to the
same meeting as Item I-D from the CDC agenda.
Councilmember Hernandez requested a legal opinion as to whether
the request of Councilmember Hernandez is legal or not.
Reconvene Hearing Public Hearing
West Covina Landscape Maintenance District No. 7
Mayor Herfert reconvened the public hearing to announce the
results of the ballot measure for Maintenance District No. 7.
Assistant City Clerk presented a brief summary of the ballot
results. 196 ballots were returned out of the 381 mailed were
returned. `Yes' ballots totaled 84 and `No' ballots totaled 112.
Assistant City Clerk Rush presented:
Resolution No. 2006-70 RESOLUTION NO. 2006-70 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA
CONFIRMING THE ENGINEER'S REPORT AND THE
ASSESSMENT CONTAINED IN THAT REPORT FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 7; ORDERING
LANDSCAPING MAINTENANCE, RENOVATION AND
REPLACEMENT AND APPURTENANCES TO BE
MAINTAINED FOR FISCAL YEAR BEGINNING JULY 1,
2006, AND FIXING ASSESSMENTS FOR FISCAL YEAR 2006-
2007 IN THE AMOUNT OF $292.82 FOR IMPROVED
PARCELS AND $87.85 FOR UNIMPROVED PARCELS
Motion Motion by Herfert and seconded by Touhey, to waiver further
reading of the resolution, read by title only and adopt. Motion
carried 4 — 0.
COUNCILMEMBER COMMENTS
Councilmember Sanderson commented on a recent letter published in
the Tribune as containing incorrect facts.
ADJOURNMENT
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Respe ully submitted,
Assistant City lerk Susan Rush
Mayor Herfert requested the West Covina American Little League
team be invited to the first meeting in September.
Councilmember Hernandez requested the Downtown revitalization
project be brought back for further consideration and a report from
the City Manager documenting comments made earlier in closed
Motion by Touhey and seconded by Sanderson to adjourn the
meeting in memory of Benny Rodriguez Jr. at 11:10 p.m. Motion
carried 4-0.
Mayor Steve Her)'A,
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