12-18-2007 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
December 18, 2007
Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:12 p.m in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Reverend Amy Arnold
Citrus Valley Hospice
PLEDGE OF ALLEGIANCE Councilmember Hernandez
ROLL CALL Mayor Lane, Mayor Pro Tern Hernandez,
Councilmembers Sanderson, Touhey
Absent: Councilmember Herfert
Others present: Pasmant, Alvarez-Glasman, Nichols, Fields, Freeland, Yauchzee,
McNeil, Samaniego, Rush
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
All members were present except Councilmember Herfert
and prior to convening into closed session, all items on the City
Council and Community Development Commission agendas were
announced for inclusion in the closed session discussion.
Items on the City Agenda:
Conference with Labor Negotiators — Employee
Organizations: W.C. Firefighters' Association, I.A.FF, Local
3226, W.C. Police Of,f cers'Associalion—Notdiscussed. Will be
considered in closed session following the regular open session
meeting.
Liahility Claims — Claimants: Nicole Redd McIntosh and
Candice McIntosh — Direction was provided to the City Attorney's
Office, there was no final action and nothing further to report.
Threat to Public Services or Facilities —Consultation with:
City of West Covina Police Chief'Wills - Council received briefing
from Chief Wills, there was no final action and nothing further to
report.
Conference with Real Property Negotiators — Property. -
Approximately 2.6 acre area of the southeast corner of West
Covina Parkway and West Garvey Avenue South of the Civic
Center Property — Not discussed. Will be considered in closed
session following the regular open session meeting.
Items on the CDC Agenda:
Conference with Real Property Negotiators — Property. -
Northeast corner of Azusa and Giambi Lane — This item was not
discussed. Will be considered in closed session following the
regular open session meeting. Councilmember/CDC member
Touhey will not participate due to a conflict of interest.
CHANGES TO THE AGENDA City Manager Pasmant stated he has circulated a memo regarding
item D-4a, Award of Bid for Shadow Oak Park Expansion, relative
to the budget.
City Council Minutes of December 18, 2007
PRESENTATIONS Blue Star Video was aired.
Mayor Lane, assisted by Community Services Director Michele
McNeill, recognized the West Covina Youth Council for their
leadership and efforts.
ANNOUNCEMENTS None.
ORAL COMMUNICATIONS
Fredrick Sykes Fredrick Sykes, West Covina resident, requested that Council
follow the recommendations of staff to move forward with the
award of bid for Shadow Oak Park Expansion construction;
addressed requests for public information alleging non-
compliance; and, addressed security issues at City Hall,
specifically the parking area; and an impending DA investigation
against Councilmembers.
Royall Brown Royall Brown, West Covina resident, addressed the award of bids
on two projects on the agenda and urged Council's favorable vote;
complemented staff on this report presented to Council.
Alfred Williams Alfred Williams, West Covina resident, addressed funding for the
Shadow Oak Park expansion, disagreeing with the City Manager's
memo to consider delaying the improvements due to the City's
financial position.
Lloyd Johnson Lloyd Johnson, West Covina resident, requested the City move
forward with the adoption of an ordinance banning the sale of
puppy mill puppies.
CONSENT CALENDAR Councilmember Touhey stated he would abstain on Item D-3, Zone
Change No. 06-00,, due to the locations being within 500 feet of
family owned property and requested Item D-4a be pulled for brief
comments.
Mayor Pro 'rem Hernandez requested Item D-4c be removed for
separate consideration.
D-1 City Council Meeting Minutes (receive & file)
• Special Meeting of July 5, 2007
• Adjourned Regular Meeting of .luly 5, 2007
D-2 Commission Summary of Action (receive & file)
Summary of Action a) Community Services 10/09/07
b) Senior Citizens 10/11/07
c) Planning Commission 11/13/07 & 12/11/07
Ordinance for Adoption
Zone Change No. 06-06
Applicant: Hector Sanchez
D-3 Location: 928 S. Glendora Avenue
ZC - 928 S. Glendora Avenue Recommendation is that the City Council adopt —the
ordinance:
Ordinance No. 2167 ORDINANCE NO. 2167 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO. 06-06
2
City Council Minutes of December 18, 2007
This item was removed for separate comments and consideration.
Award of Bid
Award of Bid for Shadow Oak Park Expansion
D-4a Phase I Construction (Project No PP-07210
Shadow Oak Construction Phase I Recommendation is that the City Council take the following
actions:
I. Accept the proposal of Green Giant Landscaping, Inc., of La
Flabra California, in the amount of $929,000 as submitted at the
bid opening on November 5, 2007 for construction of the
Shadow Oak Park Expansion Project Phase 1, and authorize the
Public Works Director/City Engineer and City Clerk to execute
the contract.
2. Authorize staff to directly negotiate required storm drain
connection and utility service agreements with Los Angcles
County, and with local utility companies, using available
project funds of approximately $61,000.
3. Appropriate an additional $143,000 from unappropriated
CDBG funds (131), and authorize staff to build the Community
Center ramp (Additional/Optional Item No. 1) during this
current construction phase subject to approval by HUD.
4. Appropriate $18,000 for monthly utilities and maintenance
costs for the remainder of 2007-2008 to Account No. 110-41-
4142.xxxx.
Award of Bid for the Construction of Concrete Bus Pads
D-4b (ProiectNo. SP-08104)
Concrete Bus Pads Recommendation is that the City Council take the following
actions:
I . Authorize the transfer of $50,000 (Proposition "C" funds) from
Project No. SP-06103 Account No. 122.81.8624.7200 to
Account No. 122.81.8839.7200, and $25,000 (Proposition "A"
funds) from Project No. SP-07103 Account No.
121.81.8740.7200 and $50,000 from Project No. SP-05102
Account No. 121.81.8520.7200 to Project No. SP-08104
Account No. 121.81.8839.7200.
2. Accept the lowest responsive bid of Gentry Brothers, Inc. of
Irwindale, California, in the amount of $159,287.00 as
submitted at the bid opening on December 6, 2007 and
authorize the Public Works Director/City Engineer and City
Clerk to execute an agreement for the work to be done.
This item was rernoved./br separate consideration.
D-4c Award of Purchase — Ford Ambulance
Ford Ambulance Recommendation is that the City Council take the following
actions:
1. Approve an award of purchase for one (1) new Ford F450
Type-1 medium duty modular ambulance to Taylor Made
Ambulance in Newport, Arkansas, for a total cost of
$140,31 1.16 including sales tax and delivery.
2. Appropriate the funds in the amount of $77,443 in Fiscal Year
2006-2007 carryover, and $62,868.16 from the General Fund
Reserves (GFR) to find the purchase.
Miscellaneous — Fire Department
D-5a Surplus Equipment — Crown Fire Enttine
Fire Engine Gift to Fire Explorers Recommendation is that the City Council gift the West Covina Fire
Explorer Post #465 with a surplus Crown fire engine.
3
City Council Minutes of December 18, 2007
Miscellaneous — Public Works Department
D-5b Uniform Public Construction Cost Accounting Act
UPC Cost Accounting Act Recommendation is that the City Council adopt the following
resolution:
Reso No. 2007-83 RESOLUTION NO. 2007-83 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA. CALIFORNIA.
ADOPTINGTHE UNIFORM PUBLIC CONSTRUCTION COST
ACCOUNTING PROCEDURES IN ACCORDANCE WITH
SECTION 22000 TO SECTION 22045 OF THE PUBLIC
CONTRACT CODE
Miscellaneous — City Manager's Office
Authorization to Apply for State of California Recreational Trail
D-5c Grant for Shadow Oak Park
Shadow Oak Park Trail Grant Recommendation is that the City Council approve the Following
resolution authorizing the City of West Covina to submit an
application to State of California's Recreational Trails Program for
improvements to Shadow Oak Park: '
Reso No. 2007-84 RESOLUTION NO. 2007-84 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE APPLICATION FOR GRANT FUNDS
FROM THE RECREATIONAL TRAILS PROGRAM FOR THE
SHADOW OAK PARK LOWER PLATEAU PRO.)ECT
Councilmember Reports
Councilmember Michael Touhey
D-6a Letter Supporting the Nisei World War II Veteran Stamp
Nisei WWII Veteran Stamp Recommendation is that the City Council support the creation of
the Nisei World War II Stamp and direct staff to forward the letter
to the United States Postmaster General John Potter.
CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Touhey to waive further
reading of the resolutions/ordinance and adopt, and approve all
items except: D-4a Award of Bid for Shadotn Oak Pcrrk Expansion
(Project No. PP-07210) and D-4c Award of Purchase — Ford
Ambulance. Motion carried by 4-0 by the following Roll Call vote,
with the record reflecting that Touhey abstained on D-3:
AYES: Herfert, Hernandez, Sanderson, Touhey, Lane
NOES: None
ABSTAIN: Touhey on Item D-3 only
ABSENT: Herfert
Item D-4a Award of Bid for Shodou� Oak Park Expansion - Phase 1
Construction (Project No. PP-07210) — Councilmember Touhey
expressed his support of the project and the construction of a
Community Center Ramp.
Motion by Touhey and seconded by Sanderson to approve staff
recommendation and to look into using restricted funds, including
the utilization of Fund 129, Integrated Waste Management Fund
for recycled goods in the park, to help offset the cost required for
the ramp.
Motion carried 4-0.
City Attorney Alvarez-Glasman left the dais at 7:45 p.m. and Deputy City Attorney Nichols took his
seat at the dais.
4
City Council Minutes of December 18, 2007
hem D-4c Award of Purchase — Ford Ambulance.-. Assistant Chief Isman
presented a brief report on the need to purchase the ambulance for
the City's ambulance program. Discussion ensued regarding
ambulance repair and the work being done outside the city.
Motion Motion by Hernandez and seconded by Sanderson to approve
staffs recommendation.
Motion carried 4-0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Lane recessed the City Council meeting to convene the
Community Development Commission at 7:57 p.m. The City
Council reconvened at 8:34 p.m. with all members present.
MAYOR'S/COUNCILMEMBERS REPORTS
Mayor Pro Tem Roger Hernandez
H-1 Downtown Revitalization
Downtown Revitalization Mayor Pro Tern Hernandez expressed his views and the need to
revitalize the downtown area and supported staffs recommendation
of appointing a subcommittee to examine options for
revitalizations of the Lakes/Glendora Avenue area.
Mayor Lane suggested Councilmembers Sanderson and
Herferl be appointed to a subcommittee as they had expressed an
interest of doing so.
Motion Motion by Hernandez and seconded by "rouliey to appoint Council
members Sanderson and 1-lertert to serve on a Downtown
Revitalization subcommittee.
Amendment Councilmember Touhey requested to amend the motion to include
the option of the City purchasing the Great Wall restaurant with
redevelopment funds if' the current owner is not doing anything
with the location.
Mayor Pro Tent Fernandez accepts the amendment to his
motion.
Motion carried 4 — 0.
H-2 Graffiti Abatement Contract Review
Graffiti Contract Review Councilmember Sanderson requests to hold this item over to a
meeting with a full council.
Mayor Pro Tent Hernandez requests the item be heard.
Councilmember Touhey expressed his concerns with color
matching of paint and the current work being provided.
Councilmember Touhey suggested hiring someone to assist current
contractor until a full council can hear the issue.
Motion Motion by Hernandez to give 30 days notice to current contract,
per agreement, to terminate contract due to company not meeting
terms of the agreement (lapse in response times and poor color
matching); and to act swiftly in hiring another contractor in the
interim.
Discussion ensued regarding type and quality of paint and what
type of resources does the city have to provide abatement service.
Police Chief Wills responded to questions regarding tines (from
graffiti violators) and ability to apply fines towards the city's
graffiti program.
C
City Council Minutes of December 18, 2007
Amendment Mayor Pro Tern Hernandez reiterated his motion and offered an
amendment to extend notice of termination to 45 days instead of 30
allowing staff for plan of action.
Councilmember Sanderson requested a plan of action prior to any
notification of termination, and supported moving forward this
evening with supplementing program with city staff.
Discussion continued regarding option of a hybrid program,
contractor and supplementing with city staff retention of current
contractor and utilizing an interim contractor while conducting an
RFP.
Substitute motion Substitute motion by Sanderson to meet with current contractor
Superior, supplement with city staff (with appropriating up to
$25,000 only) and bring back for further discussion.
Councilmember Touhey seconds the motion with the
approval of funds for supplemental program.
Action
Following further discussion Councilmember Sanderson called for
the question.
Motion carried 3- 1 (Hernandez No)
H-3 _Review of Current Speed Hump Poliev
Speed Hump Policy Motion by Hernandez and seconded by Sanderson to receive and
file the report.
Motion carried 4-0.
Partnership with Amigos De Los Rios and Execution of the
H-4 Emerald Necklace Accord
Emerald Necklace Accord Motion by Hernandez and seconded by Touhey to execute the
Emerald Necklace Accord.
Motion carried 4-0.
COUNCILMEMBERS' REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS
Councilmember Steve Herfert
Request from Councilmember Steve Herfert Requesting the
1-1 City Council Consider Creating a Public Art Commission
Public Art Commission Motion by Sanderson and seconded by Lane to hold over until
Councilmember Herfert returns.
Motion carried 4 — 0.
Mayor Pro Tern Hernandez
Request from Mayor Pro Tern Roger Hernandez Seeking the
City Council's Consensus to Schedule City Council Goal
1-2 Setting Sessions
Council Goal Setting Sessions Motion by Sanderson and seconded by Hernandez to bring back for
discussion at the next council meeting.
Motion carried 4-0.
COUNCILMEMBER COMMENTS
Councilmember Touhey addressed the Mayor's liaison appoints to
various agencies and stated his preferences.
Mayor Pro Tem Hernandez requested a report from the City
Manager on how much the city has spent on litigation.
10
City Council Minutes of December 18, 2007
Councilmembcr Touhcy requested the status on when a report on
prohibiting the sale of puppy mills dog can be brought back for
discussion.
ADJOURNMENT Motion by Touhey and seconded by Lane to adjourn the regular
meeting at 9:57 p.m. and reconvened the special meeting to
continue discussion of the closed session items. Motion carried by
4-0.
Submitted by:
Assistant City Clerk Susan Rush
Manor , terri Lane
7