M I N U T E S
SPECIAL MEETING OF THE
WEST COVINA CITY COUNCIL
February 6, 2007
Mayor Touhey called to order the special meeting of the West Covina City Council at 6:20 p.m. in the City Manager’s Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina.
ROLL CALL Mayor Touhey, Mayor Pro Tem Lane
Councilmembers Herfert, Hernandez, Sanderson (arrived at 6:25 p.m.)
Others Present: Pasmant, Alvarez-Glasman, Fields, Bachman, Hoppe, Colvin
PUBLIC COMMENT ON ITEMS ON THE AGENDA
No comments offered.
CLOSED SESSION Mayor Touhey commenced the closed session at 6:25 p.m. to discuss the following matters:
CONFERENCE WITH LEGAL COUNSEL —
ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(c)
One case
CONFERENCE WITH LEGAL COUNSEL —
EXISTING LITIGATION
Pursuant to Government Code § 54956.9 (a)
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Fields, Bachman
Miscellaneous Unrepresented Management Employee, including
-Assistant City Clerk
-Assistant City Manager
-Communications Director
-Community Development Commission Director
-Community Services Director
-Director of Human Resources
-Director of Risk Management
-Environmental Management Director
-Finance Director
-Fire Chief
-Planning Director
-Police Chief
-Public Works Director and City Engineer
ADJOURNMENT Mayor Touhey adjourned the meeting at 7:10 p.m.
Submitted by
Assistant City Clerk Susan Rush
Mayor Michael Touhey
M I N U T E S
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
February 6, 2007
Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:19 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Pastor Venus Bibawi-Foliman
Community Presbyterian Church of West Covina
PLEDGE OF ALLEGIANCE Councilmember Hernandez
ROLL CALL Mayor Touhey, Mayor Pro Tem Lane,
Councilmembers Hernandez, Herfert, Sanderson
Others Present Pasmant, Alvarez-Glasman, Bachman, Durbin, Fields, Freeland, McNeill, Tedesco, Rush, Yauchzee
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
The City Council and Community Development Commission convened the special meeting at 6:20 p.m. with all members present. 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 Council Agenda:
Conference with Legal Counsel — Anticipated Litigation — One case. Council received briefing and direction was provided. No final action and nothing further to report.
Conference with Legal Counsel — Existing Litigation — Patricia Mary Aguirre, et al. vs. City of West Covina, et al. and Davis vs. City of West Covina — Presentation on both matters by the City Attorney’s Office, direction was provided to City Attorney’s Office. There was no final action and nothing further to report on either item.
Conference with Labor Negotiators — Miscellaneous Unrepresented Management Employees, including: Assistant City Clerk, Assistant City Manager, Communications Director, Community Development Commission Director, Community Services Director, Environmental Management Director, Finance Director, Fire Chief, Director of Human Resources, Planning Director, Police Chief, Public Works Director/City Engineer, Director of Risk Management — Briefing provided by City negotiator and direction was provided to City Manager, there was no final action and nothing further to report.
Items on the CDC Agenda:
Conference with Legal Counsel — Anticipated Litigation — one potential case. Chairman Touhey recused himself from consideration of this item due to potential conflict of interest. Direction was provided to proceed with possible resolution. Motion carried 3 — 1 — 1 (Touhey recused himself; Hernandez, no) No final action and nothing further to report.
CHANGES TO THE AGENDA None.
PRESENTATIONS Blue Star Video was aired.
Councilmember Hernandez left the dais at 7:37 p.m.
Mayor Touhey called forward Gary Neilson representing Mt. San Antonio College. Mr. Neilson gave a presentation explaining how the recent bond proceeds have been spent at Mt. SAC.
Mayor Touhey called forward Michele McNeill, Community Services Director who introduced members of her staff to recognize them for their work at the Senior Center. The West Covina Senior Center received the Distinguished Site Award from the Area Agency on Aging and the Consulting Nutritional Services.
ANNOUNCEMENTS City Manager Pasmant announced upcoming City events.
ORAL COMMUNICATIONS
Rob Charles Rob Charles, field representative for Assemblyman Dr. Ed Hernandez, announced an upcoming workshop regarding how to apply for a CAL Grant financial assistance.
Tyra Mason Tyra Mason, representing the West Covina Chamber of Commerce, supported the West Covina Farmer’s Market and announced the upcoming Business Recognition dinner.
Councilmember Hernandez returned to the dais at 7:51 p.m.
Elsie Messman Elsie Messman, West Covina resident, addressed concerns of the lower plateau at Shadow Oak and the residents’ wishes to develop the area.
John Scheuplein John Scheuplein, West Covina resident, made several comments regarding political behavior and addressed several items on the agenda.
Fredrick Sykes Fredrick Sykes, West Covina resident, addressed politics and ethics.
Dana Sykes Dana Sykes, West Covina resident, addressed the need for the development of park space in the southern portion of the City.
Irene Fleck Irene Fleck, West Covina resident, announced upcoming programs at the West Covina Library.
Natalie Mendoza Natalie Mendoza, West Covina resident, made several comments regarding the Investigative Report on Alleged Hostile Work Environment and the development of Shadow Oak.
Juan Diaz Juan Diaz, West Covina resident, made several comments regarding the actions and comments made by councilmembers.
John Solis John Solis, West Covina resident, commented on Shadow Oak Park; Volunteer Graffiti Removal; and Hostile Work Environment Investigative Report.
Alfred Williams Alfred Williams, West Covina resident, commented on the Hostile Work Environment Investigative Report and Shadow Oak Park.
Ann Marie Smith Ann Marie Smith, representing the Rose Float Foundation, requested support and approval of entry fee into the 2008 Rose Parade, support of upcoming fundraiser events, and renaming of the house at Heritage Park.
Lloyd Johnson Lloyd Johnson, West Covina resident, reiterated a letter he wrote to the Tribune regarding Councilmember Hernandez’ action.
Huston Clements Huston Clements, representing the West Covina Police Officers Association, addressed the Park and Commercial Crime Team item on the agenda and requested Council’s support.
Bernie Wilner Bernie Wilner, West Covina resident, commented on the Hostile Work Environment Investigative Report and hoped the City would move forward and related comments from Joanne Wilner, who was unable to attend.
Bill Lagle Bill Lagle, West Covina resident, made several comments regarding positive changes that have taken place in the city and the city’s progress.
Mat Alcudia Mat Alcudia, West Covina resident, addressed Shadow Oak Park and the residents request to have the park developed, elements of the alleged hostile work environment investigation and Councilmembers accountability of their actions.
UPDATES/REPORTS FROM OTHER CONSULTANTS
No reports for this meeting.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
Departmental Matters - City Manager’s Office
C-1 Investigative Report Alleged Hostile Work Environment
Hostile Work Environment Richard Kreisler, special legal counsel on this item, stated that the City Council received the report at the December 5, 2006 meeting, council released the report to the public and held over pending recommendations of action that can be taken. Mr. Kreisler stated that the names of witnesses and those interviewed were redacted from the report prior to being released to the public at the Council’s request to protect their privacy.
Councilmember Herfert requested that the investigative report be read in its entirety to inform those who have not read the report or are not familiar with its contents and that the public hearing E-1 be brought forward before continuing this item.
Motion by Herfert and seconded by Lane to hold this item and bring forward Item E-1, Cameron Park Master Plan Amendment No. 4.
Councilmembers Hernandez and Sanderson opposed and supported staying with the agenda format and to conduct the hearing at time scheduled on the agenda.
Motion passed 3-2 with Hernandez and Sanderson voting no.
Councilmember Hernandez and Councilmember Sanderson left the dais at 9:05 p.m.
PUBLIC HEARING Public Hearing
Cameron Park Master Plan Amendment No. 4
Extension of Evening Use of Ballfield Lighting
Applicant: City of West Covina
E-1 Location: Cameron Park, 1305 East Cameron Avenue
Cameron Park Master Plan This item was brought forward for discussion. Mayor Touhey announced the public hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Touhey opened the hearing. Planning Director Doug McIsaac presented the staff report. The request is to consider possible extension of the evening use of the sports field lighting at Cameron Park from 9:00 p.m. to 9:30 p.m.
Public Testimony Mayor Touhey opened the public testimony portion of the hearing and asked for public comments.
Mari Larios, West Covina resident, spoke on behalf of many residents in the audience in support of extending the ballfield light usage from 9:00 p.m. to 9:30 p.m.
Close Testimony There being no one else desiring to address the council, Mayor Touhey closed the public testimony portion of the hearing.
Council discussion Mayor Pro Tem Lane supported the lights to remain on until 9:30 p.m. citing that it is a safety issue.
Assistant City Clerk Rush presented:
Reso No. 2007-5 RESOLUTION NO. 2007-5 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CAMERON PARK MASTER PLAN AMENDMENT NO. 4
Motion Motion by Herfert and seconded by Lane to waive further reading of the resolution, read by title only and adopt.
Motion carried by 3 — 0 (Hernandez, Sanderson - absent).
Councilmember Hernandez and Councilmember Sanderson returned to the dais at 9:11 p.m.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS (continued)
Departmental Matters - City Manager’s Office (continued)
C-1 (continued) Investigative Report Alleged Hostile Work Environment
Mayor Touhey continued this item stating a request was made for the investigative report to be read in its entirety.
Special Counsel Kreisler suggested to read the three principal issues investigated by the private investigator, but it was Council consensus to have the investigative report read.
Special Council Kreisler read the investigative report less expletives and without using names of witnesses or those interviewed.
Following the reading of the report, Councilmembers commented on remarks made during Oral Communications and elaborated on their responsibility to address any alleged harassment claims from employees that have been brought to their attention.
Councilmember Sanderson left the dais at 10:30 p.m.
Councilmember Hernandez stated that the report contained many conflicting statements, innuendos and misstatements. Councilmember Hernandez further commented that his position as an elected official is to hold others accountable for their actions and to represent the residents.
Councilmember Hernandez commented on Shadow Oak Park, selling of property at BKK site, and that staff had been directed to not share official city business with him. Hernandez summarized that the hostile work environment investigation was retaliatory action against him and began to read a confidential memorandum [City Manager’s Performance Evaluation] prepared for closed session presentation. Councilmember Hernandez prefaced his reading of the closed session report by stating the item was ineligible as a closed session matter and that if he was breaking the law, he was to be held accountable.
City Attorney Alvarez-Glasman advised the Mayor that Councilmember Hernandez may be putting the City and himself at risk.
Councilmember Herfert left the dais at l0:40 p.m.
Mayor Touhey requested for the record, that Councilmember Hernandez sign a sworn statement that he would be accepting liability separate from the City for any litigious action that may result.
City Attorney Alvarez-Glasman advised the Mayor he could call for a recess, and any continued dialogue would be without the protection of the City Council meeting.
Councilmember Herfert returned to the dais at 10:44 p.m.
Recess Mayor Touhey recessed the City Council meeting at 10:45 p.m. The City Council meeting reconvened at 10:50 p.m. with all Councilmembers present.
Lengthy dialogue followed which included what is appropriate for discussion, with respect as to what is on and not on the agenda and during closed session, and what is permitted by the Brown Act. To avoid any Brown Act violations, Mayor Touhey advised Councilmember Hernandez that he may agendize any topic for a future meeting and Hernandez stated the topic is relevant to the investigative report as that is when the retaliation began.
Following continued extensive discussion, Councilmember Herfert asked what options were available to bring closure to this issue.
Special Counsel Kreisler stated that as an elected official Councilmember Hernandez cannot be removed from office, and presented the following as possible options:
Following further discussion;
Motion by Herfert and seconded by Sanderson to censure Councilmember Hernandez, encouraged him to seek training, and directed the City Manager develop guidelines for interacting with staff persons involved in the investigation.
Motion carried 4-1 (Hernandez no)
Councilmember Hernandez requested that Item I-4, Requesting the City Council provide Full funding for the Improvements of the Lower Plateau of Shadow Oak Park, be brought forward for discussion.
COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS
Councilmember Hernandez
Request from Councilmember Roger Hernandez Requesting the City Council provide Full Funding for the Improvements
I-4 of the Lower Plateau of Shadow Oak Park
Councilmember Hernandez stated that he requested this item be brought forward from the meeting of January 17, 2007 in order to have full Council vote on alternate #3 [option within staff report presented on January 17] to develop Shadow Oak Park per the Master Plan. Councilmember Hernandez requested to take action this evening on alternative.
Councilmember Herfert requested the item back at the next scheduled Council meeting with the staff report containing the options, as action on this item was not on the agenda.
Councilmember Herfert left the dais at 11:45 p.m.
Discussion ensued regarding the request at the January 17 meeting. City Manager Pasmant stated the standing rules outline the process for which an item is brought back before Council and that process was followed. City Attorney Alvarez-Glasman read verbatim transcription from the last meeting which outlined that action was taken, and request to bring forward was not included in the motion. Councilmember Hernandez debated that a report, study or investigation is not necessary, as required in the standing rules, for this item to be carried over.
City Attorney Alvarez-Glasman addressed the manner in which an item can be put on the agenda for action, when it is not previously listed.
Motion by Sanderson and seconded by Lane to bring the subject back in it’s entirety, with all options to develop Shadow Oak Park as presented at the January 17, 2007 meeting, to the next council meeting.
Motion carried 4-0 (Herfert absent).
Councilmember Herfert returned to the dais at 12:00 a.m.
Councilmember’s Reports — Councilmember Herfert
C-2 Park and Commercial Crime Team
Park/Commercial Crime Team Police Chief Wills addressed the council with the position of the police department, supporting the proposal to add police officers.
Motion by Herfert and seconded by Sanderson to authorize the formation of a Park and Commercial Team authorizing four new sworn Police positions (3 officers and 1 corporal) for three years and to authorize a three-year budget appropriation, initially $120,000 for the remainder of this fiscal year, from the General Fund Reserves to 110.31.3120.5XXX.
Motion carried 5 — 0.
Mayor’s Report
Annual Appointment of City Council Representatives to Other
C-3 Cities
Liaison Appointment Mayor Touhey requested this item be held over to the meeting of February 20, pending input from two councilmembers.
CONSENT CALENDAR
D-1 City Council Meeting Minutes (receive & file)
Commission Summary of Actions (receive & file)
D-2a Planning Commission 01/23/07
Claims Against the City (deny & notify claimants)
D-3 Government Tort Claim Denials
Claims ● David Chi vs. City of West Covina
● Jack Lewis vs. City of West Covina
● Richard Eric McCoy vs. City of West Covina
● Luz H. Ruiz and Robert L. Ruiz vs. City of West Covina
Award of Bid
Selection of consultants for the Fire Station Location Study/
D-4a Facility Needs Assessment and Policy Station Facility Needs
Fire/PD Station Assessment Assessment
Recommendation is that the City Council approve the following recommendations:
Award of Bid for Construction of Sidewalks at Various Locations
D-4b (Project No. SP-0718)
Sidewalks — Various Locations Recommendation is that the City Council accept the bid of Kalban Inc., in the amount of $76,018.80 as submitted at the bid opening on January 25, 2007, and authorize the Public Works Director/City Engineer and City Clerk to execute the contract.
Award of Bid for Construction of Median Landscape Improvement
D-4c on North Azusa Avenue (Project No. SP-07102)
No. Azusa Medians Landscape Recommendation is that the City Council:
D-5 City Treasurer’s Report (receive & file)
Treasurer’s Report Report for the Month of December 2006.
Miscellaneous — City Manager’s Office
Participation in the 2008 Tournament Roses of Roses Parade and Approval of Float Foundation to Serve Alcohol at Wine Tasting
D-6a Event to be held at Heritage Park
Tournament of Roses Parade Recommendation is that the City Council:
Miscellaneous — Environmental Management
D-6b BKK Landfill Site Quarterly Status Report
BKK Status Report Recommendation is that the City Council receive and file this report.
Miscellaneous — Public Works Department
Approval to Extend Contract to Provide Temporary Building
D-6c Inspection Services
Building Inspection Services It is recommended that the City Council authorize the Public Works Director/City Engineer and City Clerk to extend the agreement with AAE, Inc., to provide the Building Division with the services of one full-time Building Inspector as a temporary replacement for a resigned City Building Inspector, in the amount of $5,425.
Request for Reallocation of Property Taxes — County Sanitation District No. 22 (Annexation No. 393)
D-6d Location: Northwest Quadrant of Grand Ave. and Cortez St.
Annexation No. 393 Recommendation is that the City Council adopt the following resolution:
Reso 2007-6 RESOLUTION NO. 2007-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 22 OF THE COUNTY OF LOS ANGELES, AND THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM AN ANNEXATION TO COUNTY SANITATION DISTRICT NO. 22, BEING ANNEXATION NO. 393
D-7 Conference and Meeting Report
Conference & Meeting Report Recommendation is that the City Council receive and file the summary of Legislative Advocacy meetings held January 22-24, 2007 in Washington D.C.
CONSENT CALENDAR ACTION Motion by Sanderson and seconded by Lane to waive further reading of the resolution and adopt, and approve all items. Motion carried by Roll Call vote as follows:
AYES: Herfert, Hernandez, Lane, Sanderson, Touhey
NOES: None.
ABSTAIN: None.
PUBLIC HEARINGS Public Hearing
Cameron Park Master Plan Amendment No. 4
Extension of Evening Use of Ballfield Lighting
Applicant: City of West Covina
E-1 Location: Cameron Park, 1305 East Cameron Avenue
Cameron Park Master Plan This item was brought forward for discussion at the beginning of
the meeting during Items Carried Over from Previous Council Meetings.
Public Hearing
Development of a Draft FY 2007-2008 Community Develop-
E-2 ment Block Grant (CDBG) Action Plan
CDBG Action Plan Mayor Touhey announced the public hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Touhey opened the hearing. Community Services Director McNeill presented the staff report detailing the Plan.
Public Testimony Mayor Touhey opened the public testimony portion of the hearing and asked for public comments.
Close Testimony There being no one desiring to address the council, Mayor Touhey closed the public testimony portion of the hearing.
Motion Motion by Herfert and seconded by Hernandez to have staff develop a draft FY 2007-2008 CDBG Action Plan incorporating the recommendations of the Community Services and Senior Citizens Commission as follows:
Motion carried 5-0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Touhey recessed the Council meeting to convene the Community Development Commission at 12:08 p.m. The Council reconvened at 12:09 p.m.
DEPARTMENTAL MATTERS COMMUNITY SERVICES
Gender Equity Policies and Procedures; Gender Equity Data Collection Plan; and Gender Equity Grievance Procedures for Resolving Youth Athletic Complaints Alleging Discrimination
G-1 on the Basis of Sex
Gender Equity Policy Motion by Herfert and seconded by Hernandez to approve the following:
Motion carried 4-1 (Sanderson no)
Finance Department
G-2 2006-07 Fiscal Year Mid-Year Budget Update
Budget Update Motion by Herfert and seconded by Lane to carry this item over to the next meeting. Motion carried by 5-0.
MAYOR’S/COUNCILMEMBER REPORTS
H-1 Conference and Meeting Report
Conference/Meeting Report Mayor Touhey provided a brief report regarding a US Conference of Mayors that he attended.
Motion by Herfert and seconded by Hernandez to receive and file the report. Motion carried by 5-0.
COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS
Mayor Touhey
Request from Mayor Michael Touhey Requesting the City Council Consider Providing a Signing Bonus for Lateral Police
I-1 Officers
Lateral PD Officer Bonus Mayor Touhey requested this item come back as a report from the Police Department requesting the Police Chief provide options for a signing bonus.
Mayor Touhey
Request from Mayor Michael Touhey Requesting the City Council Consider Using City Housing Set-Aside Funds to Pay
I-2 for Police Officers
Housing Set-Aside Funds Motion by Herfert and seconded by Lane to hold this item over.
Motion carried by 5-0.
Councilmember Hernandez
I-3 Volunteer Graffiti Removal
Volunteer Graffiti Removal Motion by Hernandez and seconded by Lane to hold this item over. Motion carried by 5 — 0.
Councilmember Hernandez
Request from Councilmember Roger Hernandez Requesting the City Council Provide Full Funding for the Improvements
I-4 of the Lower Plateau of Shadow Oak Park
Shadow Oak Park This item previously discussed earlier following C-2.
Brought forward
Councilmember Hernandez
Request from Councilmember Roger Hernandez Requesting the City Council Consider Providing Compensation for Public Safety Personnel at the Top Quartile of the Labor Market
I-5 Cities
Safety Personnel at Top Quartile Motion by Hernandez and seconded by Sanderson to hold over. Motion carried by 5-0.
COUNCILMEMBER COMMENTS
Councilmember Hernandez requested to agendize an action item to draft an ordinance that would prohibit any future council from selling any developed or undeveloped parkland.
ADJOURNMENT Motion by Hernandez and seconded by Herfert to adjourn the meeting at 12:25 p.m. in memory of James Francis Nolan. Motion carried by 5 - 0.
Respectfully submitted by:
_________________________________
Assistant City Clerk Susan Rush
Mayor Michael Touhey