11-15-2011 - Regular Meeting - MinutesMINUTES
REGULAR JOINT MEETING OF THE
WEST COVINA CITY COUNCIL
WEST COVINA COMMUNITY DEVELOPMENT COMMISSION
PUBLIC FINANCING AUTHORITY
November 15, 2011
Mayor/Chairman Herfert called to order the regular joint meeting of the West Covina City Council,
Community Development Commission, and Public Financing Authority at 7:10 p.m. in the City Hall
Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Andrew Pasmant
City Manager
Councilmember Armbrust
Mayor Herfert, Mayor Pro Tem Touhey, Councilmembers
Armbrust, Lane, Sanderson
REPORTING OUT FROM CLOSED SESSION
City Attorney Arnold Alvarez-Glasman reported the following:
Prior to convening into closed session, all items on the City
Council/Community Development Commission agenda were
announced for inclusion in the closed session discussion; all
members of the Council/Commission were present.
Items on the agenda:
Conference with Legal Counsel — Existing. Litigation —
Johnathan Constantini — The Council was briefed by counsel and
direction was provided for a possible resolution to the matter with
no final action taken and nothing further to report.
Conference with Legal Counsel — Existing Litigation —
George Hernandez — The Council was briefed by counsel on the
matter with no final action taken and nothing further to report.
Conference with Legal Counsel — Existing Litigation — Sue
Williams — The Council provided direction to special counsel to
file a Motion for Summary Judgment which was approved 4 — 1
(Herfert - No) with no action taken and nothing further to report.
Conference with Legal Counsel — Existing Litigation —
Christopher Chung — The Council heard the matter with no final
action taken and nothing further to report.
Conference with Legal Counsel — Existing Litigation —
West Covina Community Development Commission vs. Hassen
Imports Partnership, Inc. — All CDC commissioners were present;
the CDC unanimously authorized the use of special bankruptcy
counsel Squires & Sanders consistent with terms expressed in
closed session.
Public Employment — City Manager — This matter was not
discussed.
Conference with Real Property Negotiators — Property:
West Covina Sportsplex Site — APNs 9735-002-018, 910, 906;
9735-001-11, 10, 933, 934, 13, 4, 12, 15, 921, 919, 920, 931 —
Negotiating Parties — M & A Gabaee, LP - Vice Chair Touhey
recused himself from participating and left the room as he provides
services to the company. The four remaining CDC commissioners
heard the matter, provided direction with no final action taken and
nothing further to report. .
Conference with Real Property Negotiators — Property:
811 South Sunset Avenue — Briefing was provided to the
Council/CDC with no action taken and nothing further to report.
City Council/CDC Minutes November 15, 2011
Conference with Legal Counsel — Anticipated Litigation —
One case G.C. § 54956.9(c) — All five members were present.
This matter relates to the possibility of the City taking legal action
against parties involved in one matter as it relates to a video that
has appeared on YouTube. The direction provided is as follows:
"The City of West Covina takes very seriously the
misappropriation and misuse of public property and resources
which are depicted in this recent video. The City did not authorize
the use of its vehicles or any related City images and intends to
ascertain all parties involved in this inappropriate and unauthorized
conduct. The City Council has directed its attorneys and staff to
contact the Los Angeles County District Attorney's Office to
evaluate if there is any criminal conduct to be prosecuted and to
proceed with all available civil remedies to recoup the cost of this
misuse of public property including all investigative and
disciplinary costs associated therein. Any discipline of police and
city personnel is currently under investigation and will be
addressed at a future date."
Direction was provided unanimously by the City Council.
Mayor Herfert advised the media that all comments were to be
directed to the City Attorney.
CHANGES TO THE AGENDA None
PRESENTATIONS Deputy City Manager Freeland introduced a promotional video
which introduced the Most Friendly City competition two weeks
ago.
Mayor Herfert introduced Bob Machuca, Senior Regional manager
of the Los Angeles Economic Development Corporation who
presented the City of West Covina with the 2011 Eddy Award for
being the Most Business Friendly city in Los Angeles County in the
Category 60,000 residents and above.
ORAL COMMUNICATIONS
Forrest Wilkens Forrest Wilkens, West Covina resident, expressed his disappointment
on a campaign flyer received prior to the election which is
considered a "hit piece".
Mayor Herfert responded to comments by Mr. Wilkens stating that
neither he nor Councilmember Armbrust were responsible for the
flyer and Councilmember Armbrust also stated she was not
responsible for putting out the flyer. Councilmember Armbrust
inferred the flyer could only benefit one candidate.
Lloyd Johnson Lloyd Johnson, West Covina resident, expressed his disappointment
that he had to attend Veterans' Day events in surrounding cities and
not in West Covina, which did not hold a celebration. He also
commented on the YouTube video and his concern that the Council
wasn't previously aware.
Brittany Hill Brittany Hill, West Covina resident, stated her support of a dog park
and proposed the idea of a gay and lesbian center in the city.
Joanne Wilner Joanne Wilner, West Covina resident, congratulated Mayor Herfert
and Fred Sykes on the recent election outcome and requested Item #4
(ENA with CGM Development) be pulled from the Consent
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City Council/CDC Minutes November 15, 2011
Calendar and expresses her opposition to the sale of Civic Center
property for the proposed project.
Shirley Buchannan Shirley Buchannan, West Covina resident, congratulated Mayor
Herfert and Fred Sykes on their recent success; addressed comments
she made in June 2011 as they are reflected in the minutes and an
additional request [not in the minutes] for an annual report on Big
League Dreams in which she was informed would be forth coming.
Ms Buchannan stated she did not pursue the matter due to the City
closing the 10-11 fiscal year and preparing the 11-12 budget, but is
now making a second request for a copy of the annual report and
requested the City Manager provide her the reference citing sales tax
information being confidential by law. In addition she requested that
the item on the Agenda regarding the CGM project be.pulled and that
the Council deny the agreement in order to prevent the loss of the
trees or provide alternate direction to retain the trees.
Herb Redholtz Herb Redholtz, West Covina resident, congratulated Mayor Herfert
and Fred Sykes on the election results; addressed comments made by
a councilmember regarding the "hit piece" stating he had no
involvement with the piece as inferred; and stated his intent to again
run for city council in 2013.
Irene Fleck Irene Fleck, West Covina resident, expressed concern with the
development project at the Library site addressing safety, traffic and
environmental issues.
John Shewmaker John Shewmaker, West Covina resident, addressed the "hit piece"
campaign mailer; addressed the YouTube video and the impact to the
City's image.
Mayor Herfert spoke in support of the Police Department and stated
the City would pursue the matter legally.
Tom O'Donnell Tom O' Donnell, West Covina resident, addressed the YouTube
video and expressed support for the Police Department.
Dana Sykes Dana Sykes, West Covina resident, addressed the development
project at the Library and the proposed removal of trees at the
location and suggested the proposed project be relocated to a
different location.
Lloyd Johnson Lloyd Johnson, West Covina resident, stated his opposition to selling
the property at the Library location and his disappointment if the
project goes through.
Councilmembers responded to comments by speakers regarding the
YouTube video and expressed their continued support for the Police
Department, and addressed comments regarding the development
project at the Library.
CONSENT CALENDAR
1) Approval of Meeting Minutes (receive & file)
Minutes Special Joint Council/CDC/PFA Minutes of November 1, 2011
Regular Joint Council/CDC Minutes of November 1, 2011
2) Commission Summary of Actions (receive & file)
Summary of Actions Planning Commission —November 8, 2011
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City Council/CDC Minutes November 15, 2011
Ordinances for Adoption
Ordinance Amending Section 22-131 of the West Covina Municipal
Code Relating to Increases/Decreases of State Law Maximum
3) Speeds (CkeMr wood Street and Calvados Avenue)
Decrease in Speed Limits Recommendation is that the City Council adopt the following
ordinance:
Ordinance No. 2224 ORDINANCE NO. 2224 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING SECTION 22-131 OF THE WEST COVINA
MUNICIPAL CODE RELATING TO INCREASES OF STATE
LAW MAXIMUM SPEEDS (CHERRYWOOD STREET AND
CALVADOS AVENUE)
4) Community Development Commission — Miscellaneous
ENA — C.G.M. Development, Inc. Exclusive Negotiating_AgKeement with C.G.M. Development, Inc.
Recommendation is that the City Council authorize the City Manager
to approve a 90-day extension to the Exclusive Negotiating
Agreement ("ENA") with two 60-day options with C.G.M.
Development, Inc. ("CMG") in order to complete negotiations with
the County on the County parking lease, complete processing of the
City entitlement permits, and to complete negotiations with the City
on the terms of the development agreement.
CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Armbrust to approve all items
listed on the Consent Calendar as presented.
Motion carried by 5 — 0.
COUNCIL COMMENTS Councilmember Lane thanked Councilmember Armbrust for having
served on the Council and congratulated both Mayor Steve Herfert
and Fred Sykes.
Mayor Pro Tern Touhey congratulated Mayor Herfert and Fred
Sykes; he also thanked Councilmember Armbrust for -serving on the
council.
Councilmember Armbrust thanked her colleagues on the council for
appointing her and stated it was an honor to serve as a
councilmember; and also congratulated the Mayor and Fred Sykes.
Mayor Herfert thanked Councilmember Armbrust and the Council
for their support and expressed pride in the community and
confidence for the following year.
ADJOURNMENT Motion by Lane and seconded by Armbrust to adjourn the meeting at
8:17 p.m. in memory of the following:
• Brittany Vandergost, niece of City Commissioners Rob and
Sue Sotelo
• John Crook, West Covina Community Enhancement officer.
Motion carried by 5 — 0.
Submitted by:
Assistant City 6lerk Susan
rd