12-05-2006 - Regular Meeting - Minutes•
•
MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
December 5, 2006
Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:20 p.m. in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION
PLEDGE OF ALLEGIANCE
Reverend Mary Hollifield
West Covina United Methodist Church
Councilmember Sanderson
ROLL CALL Mayor Touhey, Mayor Pro Tem Lane,
Councilmembers Herfert (arrived 7:34 p.m.), Hernandez,
Sanderson
Others Present Pasmant, Alvarez-Glasman, Fields, Garcia, Hoppe, Mclsaac,
McNeill, Morgan, Samaniego, Yauchzee
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
The City Council and Comm11unity Development
Commission convened the special meeting at 6:18 p.m. with all
members present except Herfert and Sanderson. Prior to convening
into closed session, all items on the City Council and Convnunity
Development agendas were announced for inclusion in the closed
session discussion. Ir
Items on the City Agenda:
Conference ivilh Legal Counsel — Existing Litigation — Ciry
of West Covina vs. Valencia Heights Wetter C'onpany — Mayor
Touhey recused himself from the room due to a client of his who
has current dealings with Valencia Heights Water Company. This
matter was not discussed and held over to the next meeting.
Councilmember Sanderson arrived during this item.
Conference with Legal Counsel - Anlicipaled Lifigadion —
(G.C. 54956.9(c))One case — Considered by Touhey. Lane, and
Hernandez, no final action and nothing further to report.
Conference with Legal Counsel — Anlicipated Liligalion —
(G.C. 54956.9(h))0ne Case — City Attorney Alvarez-Glasman
reported that the City received correspondence from
Councilmember Hernandez' attorney, Mr. Steven Goostreet, dated
October 30, 2006 threatening litigation against the City. 'IIouhey,
Lane, Hernandez and Sanderson were present. Mr. Glasman stated
that discussion was attempted, but did not take place.
Discussion followed City Attorney's report surrounding
Councilmember Fernandez electing to not excuse himself from
participation.
Items on the CDC Agenda:
Conference ivilh Real Property Negoliaiors — Properly:
2538 E. Garvey Avenue — Super Lincoln Mercury — Chairman
Touhey recused himself from the room during discussion of this
item as his client is a property owner in the area. Present were
Commissioners Lane, Hernandez and Sanderson. This item was
held over to the next special meeting.
Conference with Real Property Negotiadnrs — Properly:
1311 E. Herring Street; 1994 Walnut Creek Parkivay, 926 East
Vine Street — Suburban Wader — Commissioner Sanderson was not
City Council Minutes of December 5, 2006
present for discussion. Direction was provided to staff with no
final action and nothing further to report.
CHANGES TO THE AGENDA City Manager Pasmant announced that there was an Addendum to
Item D-7c, Graffiti Abatement Award of Bid.
PRESENTATIONS . Blue Star Video was aired.
• Mayor "rouhey introduced Gene Newton, CEO/Chair liar RCC
Holdings who presented a PowerPoint presentation on the Native
I -loops Life Skills Academy. Community Services Director
Michelle McNeill gave a brief summary of the program.
Mayor Touhey called forward Environmental Management
Director Steve Samaniego who presented the 2007 Used Oil
Recycling School Calendar Award Winners.
Mayor Touhcy called forward Mr. and Mrs. Fields, parents of
.Jacob Fields, a 10-year old West Covina resident. and stated that
the City will plant and dedicate a young tree at Walmerado Park in
Jacob's honor and also presented them with a tree sapling to plant
in their yard as a remembrance of Jacob.
ANNOUNCEMENTS City Manager Pasmant announced upcoming City events.
ORAL COMMUNICATIONS
Tyra Mason Tyra Mason, Chamber of Commerce representative, promoted the
Farmer's Market.
Rudy Almeida Rudy Ahneida, Hacienda Heights resident, spoke in support of
Jessica's Law and community matters.
Fredrick Sykes Fredrick Sykes, West Covina resident, spoke on safety concerns
over the now closed BKK landfill.
Bruce Leinbach Bruce Leinbach, West Covina resident, spoke in support of West
Covina sports activities and support for Councilmember
Hernandez.
Mayor Touhcy responded to comments by Mr. Leinbach.
Juan Reinoso ,Juan Reinoso, West Covina resident, spoke on the Graffiti
Abatement contract and the costs to residents.
Arlene Salcido Arlene Salcido, West Covina resident and president of West
Covina Girls Softball, requested that lighting at the Cameron field
be extended an additional half hour for clean up and safety reasons.
.John Scheuplcin John Schcuplein, West Covina resident, spoke on the mayoral
rotation, support for Councilmember Hernandez and concerns over
graffiti problems and fence constructed at Galster Park.
.John Shewmaker John Shewmaker, West Covina resident, spoke on numerous
actions by Councilmember Hernandez.
Norma Martinez Norma Martinez, West Covina resident, spoke on the Graffiti
Contract costs to the city and on inequitable funding distribution
for city parks.
Conley McCance Conley McCance, West Covina resident, asked that the Graffiti
contract be sent out to bid.
City Council Minutes of December 5, 2006
Royall Brown Royal] Brown, West Covina resident, discussed staffing costs of
the Graffiti Contract and asked that the contract be re -bid.
Councilmember Sanderson left the dais at 8:46 p.m.
Tom Puchalski Tom Pucha]ski, West Covina resident, addressed concerns about
the City meeting Gender Equity in the City's sports programs in
compliance of AB 20404.
Larry DcCorona Larry DeCorona, president of Superior Property Services, Inc.,
Santa Ana, stated his company handled graffiti removal in the
interim and they look forward to working with the City.
Councilmember Sanderson returned to the dais at 8:55 p.m.
Lloyd .Johnson Lloyd Johnson, West Covina resident, addressed concerns with the
current Graffiti contractor and unsightly commercial signs that
should be removed.
Herb Redholtz Herb Redholtz, West Covina resident, spoke in support of the
Council and addressed comments from other speakers.
City Manager Pasmant briefly addressed concerns regarding the
Graffiti Contract, the efforts to handle and "catch up" with graffiti
removal during the interim, adding regular routes for problem
areas to the contract and stated that any concerns that arise will be
addressed by staff and concerns brought to his attention.
Environmental Management Director Samanicgo explained some
of the new additions to the contract such as the 7-day service and
additional monitoring of the work to ensure that problems are
resolved.
Council discussion Council discussion ensued regarding Urban Graflliti's and the Boys
and Girls Club's work, color matching and response times and
Environmental Management Director Samaniego responded to
questions regarding the new contract.
UPDATES/REPORTS FROM CONSULTANTS
No reports for this meeting.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
No reports for this meeting.
CONSENT CALENDAR The following items were pulled for separate discussion; Item D-
ab Anvard of laid for Ridge Riders Equestrian Center lmproventents
(Project No. PP-02208), Item D-7a East Valley Comntunily 1-lealth
Center Parking Managemenl Plan, Item D-7b Rive Year Extension
of Landscape Maintenance Contract ,/br Cily Parks anti Civic
Center, Item D-7c Graffili Abatement Award of Bid.
Prior to taking action on the consent calendar items
Councilmember Hernandez responded to comments made by a
speaker under oral communications.
D-1 City Council Meeting Minutes (receive & file)
Special Meeting of October 3, 2006
Regular Meeting of October 3, 2006
D-2 Commission Summary of Actions (receive & file)
Summary of Actions a) Human Resources 10/11/06
b) Planning 11/14/06 & 11/28/06
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City Council Minutes of December 5, 2006
Award of Bid
D-3a Purchase of Police Vehicles
Purchase Police Vehicles Recommendation is that the City Council authorize the purchase of
10 police vehicles with 10 Extended Service Plans (ESP) from the
lowest responsible bidder Villa Ford. for a total cost of
$247,326.44 which includes sales tax.
Award of Bid for the Ridge Riders Equestrian Center
D-3b Improvements (Project No PP-02208)
Ridge Riders Improvements Recommendation is that the City Council accept the bid of All
American Painting in the amount of $ ] 68,375.00 as submitted at
the bid opening on November 15, 2005, for the improvement of
recreational facilities at Ridge Riders Equestrian Center and the
recommended additional work options, and authorize the Public
Works Director/City Engineer and City Clerk to execute the
contract.
Award of Contract for Preparation of a Supplemental
Environmental Impact Report for Proposed Office Buildings at
2120-2140 S. Azusa Avenue (AKA The 700 and 750 PADS)
D-3c (Former BKK Propertv)
700 Pads EIR Recommendation is that the City Council authorize the execution
of an agreement with Environmental Science Associates (ESA) to
prepare a Supplemental Environmental Impact Report (SEIR) far
the two proposed office buildings at 2120 and 2140 S. Azusa
Avenue.
Approval of Maps
Approval of Final Map for Tract Map No. 53354
Location: Northeast Corner of Azusa Ave. and Autumn Drive
D-4 Subdivider: Pacific Communities Builders
Final Map No. 53354 Recommendation is that the City Council adopt the following
resolution:
Reso No. 2006-96 RESOLUTION NO. 2006-96 — A RESOLUTION 01, THE CITY
COUNCIL OF THE CITY OF WEST COVINA. CALIFORNIA,
APPROVING FINAL MAI' OF TRACT NO. 53354 AND
DIRECTING THE RECORDATION THEREOF (PACIFIC
COMMUNITIES BUILDERS)
D-5 Traffic Committee Minutes (accent & file)
Traffic Committee Minutes Minutes from the regular meeting of November 21, 2006.
D-6 City Treasurer's Report (receive & rile)
Treasurer's Report Report for the Month of October 2006
Miscellaneous — Planning Department
D-7a East Valley Community Health Center Parking Mana(,cment Plan
East Valley Health Ctr. Parking Recommendation is that the City Council receive and file the
Parking Management Plan.
Miscellaneous — Public Works Department
Five -Year Extension of Landscape Maintenance Contract for City
D-7b Parks and Civic Center
Landscape Mtc Contract Recommendation is that the City Council approve a five-year
extension at a ten percent increase to the current contract amount
to Mariposa Horticultural Enterprises, Inc. of Irwindale (Mariposa)
for the maintenance of the landscaping, hardscaping, and irrigation
systems for all City parks and the West Covina Civic Center at an
annual cost of W1,320.00 and authorize the Public Works
Director/City Engineer and City Clerk to execute such contract.
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City Council Minutes of December 5, 2006
Miscellaneous — Environmental Management Department
D-7c Graffiti Abatement Award of Bid
Graffiti Contract Recommendation is that the City Council:
I. Accept the bid of Superior Property Services, Inc., Santa Ana,
CA for a 3-year contract for an amount not to exceed $1 1.340
per month ($136,080 first year, with a 3.5% annual cost of
living increase) as submitted at the bid opening on November
2, 2006; and
2. Authorize staff to execute the contract in accordance with the
bid specifications-, and
3. Appropriate the following amounts from Fund Balance. as
needed to fund the proposed contract:
• $11,850.00 to account number 1 ] 0.41.4142.6130
• $16,620.00 to account number 110.52.52 10.6 169
• $4,615.00 to account number 876.22.2210.6169
• $705.00 to account number 877.22.2210.6169
Mayor Pro Tern Lane left the dais.
CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Herfert to waive further
reading of the resolution, read by title only and adopt, and approve
all items except Items D-3b, D-7a, D-7b, and D-7c with the
record reflecting Touhey abstaining on D-3c due to prospective
purchaser of the property being a former client. Motion carried 4 —
0 (Lane absent)
Mayor Pro Tern Lane returned to the dais.
Item D-3b Award of Bid for Ridge Riders Equestrian Center Improvements
(Project No. PP-02208)
Councilmember Sanderson recused herself from discussion of this
item due to the projects proximity to her property and left the
chambers.
Councilmember I-lernandez expressed concerns over funding
inequity of all City's parks and requested to hold off on this item
until equity is provided to all parks.
City Council discussion ensued on funding of the city's parks.
Motion by 1-lerfert and seconded by Touhey to approve
staffs recommendation. Motion carried 3-1-L (1-lertandez no,
Sanderson abstained)
Councilmember Sanderson returned to the dais.
Item D-7a East Valley Comnnotity Health Center parking Management
Plan - Planning Director Mclsaac presented a brief staff report
and responded to questions regarding circulation of traffic.
• Mclssac stated the driveway approach on Walnut Creek Parkway,
is for emergency vehicles only, and the plan includes a clause
allowing for amendments if needed.
Motion by Herfert and seconded by Hernandez to approve staffs
recommendation to receive and file the Parking Management Plan.
Touhey requested red curbing be installed in the Carl's Jr. and
Expo Furniture area once construction is complete. Request
accepted to motion. Motion carried 5 — 0.
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City Council Minutes of December 5, 2006
Item D-7b Five -Year Extension of Landscape Maintenance Contract for
City Parks and Civic Center - Councilmember Hernandez stated
his concerns over the 10% increase, quality of work from the
current contractor and the lack of a bid process.
Motion Motion by Hernandez and seconded by Lane to direct staff
to do an RFP for this contract. Motion laded 2 — 3 (Touhey,
Sanderson, Herfert — No).
Public Works Director Yauchzec responded to concerns
over the increase and explained that it was reasonable due to recent
fuel cost increases and that the contractor has worked without an
increase since 1996. He also stated the contractor was doing a
good job and that some of the park maintenance complaints are not
a result of the contractor.
Substitute Motion Motion by Sanderson and seconded by I-lerfert to approve
staff's recommendation. Motion carried 3 — 2 (Lane, Hernandez,
no).
Item D-7c Grcrffili Abalemew Auza•d of laid
Councilmember Sanderson inquired about the quality of
work during the interim time between contractors. City Manager
Pasmant and Environmental Management Director Samaniego
responded to questions. The Council discussed various points of
the old and new contract, including costs, the contractors' work
and the bid process. Councilmember Hernandez expressed his
concern for increased costs over the previous contract and staff
responded that the new contract calls for increased service.
Motion Motion by Hernandez to deny staffs recommendation and
to re -open the bid process for a new contract: seconded by
Sanderson. Motion failed 2 — 3 (Herfert, Lane, Touhey, no).
Motion Motion by Herfert and seconded by Lane to approve staffs
recommendation. Motion carried 3 — 2 (Hernandez, Sanderson —
no)
PUBLIC HEARINGS
No hearings for this meeting.
Recess Mayor Touhey recessed the City Council meeting at 9:56 p.m.
The City Council reconvened at 9:59 p.m. with all members
present except Mayor Pro Tent Lane who left for the evening.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Touhey recessed the Council meeting to convene the
Community Development Commission at 10:00 p.m. '['he Council
reconvened at 10:01 p.m. with all members present except Lane.
DEPARTMENTAL MATTERS
City Manager's Office
G-1 Investi>?ative Report of Alfeeed Hostile Work Environment
0 Hostile Work Environment Special Counsel Kreisler presented a brief synopsis of what has
transpired in this matter thus far and the resulting investigative
report into the alleged hostile work environment created by
Councilmember Hernandez. Mr. Kreisler outlined to the council
some of the various options/resolutions available to the council
upon examination of the report. Options include, but are not
limited to, taking no action, determining there has been a breech of
rule(s) and impose a reprimand, determine a censure is appropriate
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City Council Minutes of December 5. 2006
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which is a reprimand by resolution versus verbal. or make
recommendation of counseling or training.
Mr. Kreisler answered questions regarding complaints and
what warrants a complaint, duty to investigate and policies of the
city.
Discussion ensued with Councilmember Hernandez stating
the investigative report is based on hearsay and contains many
conflicting statements, and is baseless and without authority.
Since the subject matter does not qualify for closed session
discussion and must be in open session, Councilmember Herfert
stated Council should release the investigative report and
reagendize.
Motion Motion by Herfert and seconded by Touhey to release the report
for public review and to bring the matter back to the earliest
possible agenda with recommendations. Councilmember
Sanderson supported the release of the report with the names of
those interviewed in the report to be redacted.
Discussion continued regarding the City's harassment policy and
who it applies to and redaction of names within the report.
Mayor Herfert called for the question.
Amendment The motion was amended by Herfert and seconded by Touhey to
include within the motion to redact the names of those interviewed
and mentioned in the investigation.
Motion
Motion carried 3-0-1 (Hernandez abstained)
G-2 City/School Liaison Committee - Opening Up School Tracks and
Fields to the Public
Held over Motion by Sanderson and second by Herfert to hold over to the
next meeting. Motion carried 4 — 0.
Community Services Department
Communication of Motion by the Community Services
Commission to Instruct the City Manager and the City Attorney to
G 3 Review and to Report on Issues Related to Gender Fguity
Gender Equity Motion by Herfert and second by Sanderson to refer the matter
back to the Community Services Commission for review of the
existing gender equity plan and then bring back to Council with a
recommendation. Motion carried 4-0.
Councilmember Herfert requested Youth Softball to consider
whether they would like to relocate to the Big Lcagiie Dreams
facility in the future.
Motion by the Community Services Commission to Authorize a
G-4 Lighting Extension Request at Cameron Field
Cameron Field Motion by Hernandez and second by Sanderson to authorize the
extension of Cameron field lighting from 9:00 p.m. to 9:30 p.m.,
Tuesday, January 2, 2007 through Tuesday, hcbruary 6, 2007 for
the West Covina Girls Softball Team, until a Park Master Plan
amendment process can be initiated to consider extending the use
of lights on a permanent basis.
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City Council Minutes of December 5, 2006
MAYOR'S/COUNCILMEMBERS' REPOR'I'S
Councilmember Herfert
Request from Councilmember Herfert on History of the Possible
1-1-1 Development of the Lower Plateau at Shadow Oak Park
Shadow Oak Park Motion by Herfert and second by Sanderson to receive and file the
report.
Councilmember Hernandez_ highlighted a few of the prior
0 actions taken by council regarding Shadow Oak Park.
Motion carried 4-0.
COUNCILMEMBER COMMENTS
Councilmember Herfert asked when his request for a report of
additional police officers for park patrol and commercial areas
would be coming back. City Manager Pasmant stated it would be
brought before Council at the beginning of the year.
Councilmember Hernandez made further comments regarding past
actions of Shadow Oak Park.
Councilmember Herfert thanked the residents who offered their
support of his leadership as Mayor.
Police Chief Wills gave a brief update of helicopter patrol in the
City.
Mayor Toulney addressed resident concerns on the work being
done on Holt Avenue stating that staff is resolving the issues.
Councilmember Sanderson commented on criticisms received and
the tough decisions that need to be made by Council.
Councilmembers comments continued with remarks regarding
Shadow Oak Park, the hostile work environment allegation and
conflicts.
ADJOURNMENT Motion by Sanderson and seconded by Herfert to adjourn the
meeting at 11:16 p.m. Motion carried 4-0.
Respectfully submitted by:
JA
ssistanf City Clerk Susan Rush
EA
IMA�I� -
May r Michael Touhey
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