Commissioners Hernandez, Lane

ROLL CALL Mayor/Chairman Herfert, Mayor Pro Tem/Vice Chairman Touhey

Councilmembers/Commissioners Hernandez, Lane, Sanderson (arrived at 7:12 p.m.)

Others Present: Pasmant, Nichols, Fields, Bachman, Hoppe, Chung, Lee, Durbin, Freeland, Rush

Deputy City Attorney Nichols reported the following:

City Council — Conference with Labor Negotiators — City Council received a report from the negotiator and gave the negotiator instructions; there was no reportable action.

Community Development Commission — Conference with Real Property Negotiators — Parcel 1, 2, 3, 4, 5, 6, 7 and 8 of Parcel Map 60193 and 2533 East Workman Avenue — CDC received a report, gave property negotiators instructions; there was no reportable action.

Hold Over Mayor Herfert requested Item II-d, be held over due to the fact that he did not receive notice of the late added item timely.

Mayor Pro Tem requested to recuse himself from any action taken on the item. Councilmember Hernandez objected to the item being held over as he received the item timely. Mayor Herfert stated he did not receive the item until this evenings meeting.

Motion by Herfert and seconded by Lane to hold Item II-d over. Motion carried 2-1. (Hernandez no, Touhey abstain, Sanderson absent).

Councilmember Sanderson arrived at 7:12 p.m.

Royall Brown Royall Brown, West Covina resident, suggested the Council consider a vacant building at West Covina Parkway and Cameron as a site for a food bank.

John Scheuplein John Scheuplein, West Covina resident, began by relaying a conversation he had with a developer regarding Mayor Pro Tem Touhey.

Mayor Herfert requested that Mr. Scheuplein be given an oath before continuing with his testimony.

Deputy City Attorney Nichols administered oath to Mr. Scheuplein. Mr. Scheuplein accepted by saying "I do."

Mr. Scheuplein addressed items on the agenda and perceived conflicts with Mayor Pro Tem Touhey.

Councilmember Hernandez stated his objection to the Mayor turning off the microphone of the speaker when the speaker exceeded his allotted time.

Councilmember Hernandez requested Items II-a, II-b, and II-c be pulled from the consent calendar for separate consideration.

Risk Manager Hoppe presented a brief staff report regarding the placement process for property insurance.

Miscellaneous — Risk Management

II-c Placement of Property Insurance for FY 2006-07

Property Insurance Recommendation is that the City Council approve placement of the City’s property insurance coverage with The Hartford for $67,125 FOR FY 2006-07.

Motion Motion by Herfert and seconded by Hernandez to approve the placement of property insurance with The Hartford for $67,125 as recommended by staff. Motion carried 5-0.

Risk Manager Hoppe presented a brief report regarding the City’s membership in BICEP and insurance coverage.

II-a Payment of FY 2006-07 Excess Liability Insurance Coverage and Approval of Continued Membership with the Big Independent Cities Excess Pool (BICEP)

Excess Liability Recommendation is that the City Council:

II-b Payment of FY 2006-07 Excess Workers’ Compensation Insurance Coverage

Workers’ Compensation Recommendation is that the City Council approve payment of the City’s 2006-06 Excess Workers’ Compensation and Employer’s Liability coverage with the Big Independent Cities Excess Pool (BICEP), in the amount of $79,546, to be paid from account 363.15.1530.6418.

Motion Motion by Sanderson and seconded by Herfert to approve the City’s continued membership in BICEP, approve renewal of the City’s 2006-07 excess liability insurance coverage with BICEP and approve payment of excess workers’ compensation and employer’s liability coverage with BICEP as outlined in staff’s recommendation. Motion carried 4-1 (Hernandez no)

The following item was held over by Council action at the beginning of the meeting.

II-d Resolutions Authorizing the City Manager/Executive Director with the Power to Give Notices to Property Owners and Tenants Regarding the Intent of City of West Covina’s Legislative Bodies to Consider the Adoption of a Resolution of Necessity for Public Condemnation of Certain Property Located at the Northwest Area of West Covina Parkway, Toluca Avenue, Cameron Avenue and Orange Avenue and Hearing Related Thereto

RESOLUTION NO. __________ - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AUTHORIZING THE CITY MANAGER WITH THE POWER TO GIVE NOTICES TO PROPERTY OWNERS AND TENANTS REGARDING THE INTENT OF THE CITY COUNCIL OF THE CITY OF WEST COVINA TO CONSIDER THE ADOPTION OF A RESOLUTION OF NECESSITY FOR PUBLIC CONDEMNATION OF CERTAIN PROPERTY LOCATED AT THE NORTHWEST AREA OF WEST COVINA PARKWAY, TOLUCA AVENUE, CAMERON AVENUE AND ORANGE AVENUE AND HEARING RELATED THERETO

RESOLUTION NO. __________ - A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF WEST COVINA AUTHORIZING THE EXECUTIVE DIRECTOR WITH THE POWER TO GIVE NOTICES TO PROPERTY OWNERS AND TENANTS REGARDING THE INTENT OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF WEST COVINA TO CONSIDER THE ADOPTION OF A RESOLUTION OF NECESSITY FOR PUBLIC CONDEMNATION OF CERTAIN PROPERTY LOCATED AT THE NORTHWEST AREA OF WEST COVINA PARKWAY, TOLUCA AVENUE, CAMERON AVENUE AND ORANGE AVENUE AND HEARING RELATED THERETO

JOINT PUBLIC HEARING APPROVAL OF PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF WEST COVINA COMMUNITY DEVELOPMENT COMMISSION AND M&A GABAEE, L.P., REGARDING A PORTION OF PARCEL 12 AND ALL OF PARCEL 13 OF PARCEL MAP 60193 LOCATED AT THE NORTHEAST QUADRANT OF AMAR ROAD AND AZUSA AVENUE

Mayor Pro Tem Touhey recused himself from participating due to prior working relationship with the developer.

Mayor Herfert announced the public hearing and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Herfert opened the public hearing. Project Manager Duran Villegas presented staff report, which outlined the purchase and sale agreement of property at the BKK site.

Staff responded to questions regarding marketing attempts, development of the parcels and the projected assessed value.

Councilmember Hernandez inquired as to the original ENA and expressed his concern to the selling of land without a specific development plan. Council engaged in discussion with staff the developer’s request to purchase, timeframe for the developer to present a development plan and prior Council direction (during closed session discussion) regarding the sales of the property.

Motion by Councilmember Hernandez to bring this item back to the first meeting in August with a plan from the developer.

Motion failed due to a lack of a second.

Assistant City Clerk verified that no written communication has been received regarding this joint public hearing.

Public Testimony Mayor Herfert requested public testimony and the following addressed the City Council.

Mr. Gabaee, applicant of the project, addressed some of the concerns presented by Council. Mr. Gabaee answered question regarding the type of development he is considering and stated his company would contact a hotelier if Council was interested.

Royall Brown, West Covina resident, commented on preservation of the gnatcatcher area and the one acre area that will be sold to Suburban Water.

John Scheuplein, West Covina resident, felt the community should be aware, addressed issues of marketing and stated there was not enough notice to the public regarding this meeting.

Council Discussion Councilmember Sanderson addressed several "pluses" of the sale of the property and stated that Council will approve a Precise Plan for development within 90 days.

Councilmember Hernandez stated he would not support the sale without a business plan in place and spoke of the advantages of a competitive bid process.

Councilmember Lane stated her support and also added that any development plan will be approved by Council.

Assistant City Clerk presented:

Resolution No. 2006-65 RESOLUTION NO. 2006-65 — A RESOLUTION OF THE CITY COUNCIL OF WEST COVINA APPROVING THE EXECUTION OF THE AGREEMENT FOR PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF WEST COVINA AND M&A GABAEE, LP, AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH

Motion by Sanderson and seconded by Herfert to waive further reading of the resolution, read by title only and adopt. Motion carried 3-1-1 (Hernandez no, Touhey abstained)

Assistant Secretary presented:

Resolution No. 589 RESOLUTION NO. 589 — A RESOLUTION OF THE COMMUNITY DEVE3LOPMENT COMMISSION OF THE CITY OF WEST COVINA APPROVING AND AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY OF WEST COVINA COMMUNITY DEVELOPMENT COMMISSION AND M&A GABAEE, OP, AND MAKING CERTAIN FINDINGS IN CONNECTION

Motion by Sanderson and seconded by Herfert to waive further reading of the resolution, read by title only and adopt. Motion carried 3-1-1 (Hernandez no, Touhey abstained)

Mayor Pro Tem Touhey returned to the dais at 8:40 p.m.

Council engaged in discussion regarding proposed development of property at the Civic Center.

ADJOURNMENT Motion by Touhey and seconded by Herfert to adjourn the City Council and Community Development Commission meeting at 8:47 p.m. in memory of Covina police officer Scott Hansen. Motion carried 5-0.

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