M I N U T E S

SPECIAL MEETING OF THE

WEST COVINA CITY COUNCIL

December 18, 2007

Mayor Touhey called to order the special meeting of the West Covina City Council at 6:15 p.m. in the City Manager’s Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina.

ROLL CALL Mayor Lane, Mayor Pro Tem Hernandez

Councilmembers Sanderson, Touhey

Absent: Councilmember Herfert

Others Present: Pasmant, Alvarez-Glasman, Bachman, Fields, Dominguez,

R. Colvin, Wills

 

PUBLIC COMMENT ON ITEMS ON THE AGENDA No comments offered.

 

CLOSED SESSION Mayor Lane commenced the closed session at 6:20 p.m. to discuss the following matters:

CONFERENCE WITH LABOR NEGOTIATORS

Pursuant to Government Code 54957.6

City Negotiators: Fields, Bachman

 

LIABILITY CLAIMS

Pursuant to Government Code § 54956.9(b)(1) and (3)(C)

Claimants: Nicole Redd McIntosh and Candice McIntosh

 

THREAT TO PUBLIC SERVICES OR FACILITIES

Pursuant to Government Code § 54957(a)

Consultation with: City of West Covina Police Chief Wills

 

CONFERENCE WITH REAL PROPERTY NEGOTIATORS

Pursuant to Government Code § 54956.8

Property: Approximately 2.6 acre area of the southeast corner of West Covina Parkway and West Garvey Avenue South of the Civic Center Property

Agency Negotiators: Pasmant, Alvarez-Glasman, Chung, Lee

Negotiating Parties: Dynamic Business Holdings Inc.

Under Negotiation: Both Price and Terms of Sale

Recess Mayor Lane recessed the special meeting at 7:00 p.m. to convene the regular City Council meeting in the council chambers.

The special meeting reconvened at 10:10 p.m. in the City Manager’s Conference room with Mayor Lane, Councilmembers Sanderson and Touhey present. Mayor Pro Tem Hernandez and Councilmember Herfert were not present.

 

 

 

 

 

Discussion continued on the following items which were not discussed earlier during the special meeting:

ADJOURNMENT Mayor Lane adjourned the meeting at 10:43 p.m.

Submitted by:

 

 

Assistant City Clerk Susan Rush

Mayor Sherri Lane





M I N U T E S

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 Tem 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.F.F., Local 3226; W.C. Police Officers’ Association — Not discussed. Will be considered in closed session following the regular open session meeting.

Liability 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.

 

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. 06-06, due to the locations being within 500 feet of family owned property and requested Item D-4a be pulled for brief comments.

Mayor Pro Tem Hernandez requested Item D-4c be removed for separate consideration.

D-1 City Council Meeting Minutes (receive & file)

 

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 following 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

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:

    1. Accept the proposal of Green Giant Landscaping, Inc., of La Habra 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 I, 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 Angeles 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 (Project No. SP-08104)

Concrete Bus Pads Recommendation is that the City Council take the following actions:

    1. 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 removed for 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 $140,311.16 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 fund the purchase.

Miscellaneous — Fire Department

D-5a Surplus Equipment — Crown Fire Engine

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.

 

 

 

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, ADOPTING THE 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 PROJECT

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 Shadow Oak Park 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 Shadow Oak Park Expansion - Phase I 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.

 

 

Item 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 staff’s 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 Tem 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 Herfert be appointed to a subcommittee as they had expressed an interest of doing so.

Motion Motion by Hernandez and seconded by Touhey to appoint Council members Sanderson and Herfert 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 Tem Hernandez 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 Tem 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 fines (from graffiti violators) and ability to apply fines towards the city’s graffiti program.

Amendment Mayor Pro Tem 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.

Following further discussion Councilmember Sanderson called for the question.

Action Motion carried 3- 1 (Hernandez No)

 

H-3 Review of Current Speed Hump Policy

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

I-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 Tem Hernandez

Request from Mayor Pro Tem Roger Hernandez Seeking the City Council’s Consensus to Schedule City Council Goal

I-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.

Councilmember Touhey 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

 

 

___________________________________

Mayor Sherri Lane