M I N U T E S
SPECIAL MEETING OF THE
WEST COVINA CITY COUNCIL
May 15, 2007
Mayor Touhey called to order the special meeting of the West Covina City Council at 6:00 p.m. in the City Manager’s Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina.
ROLL CALL Mayor Touhey, Councilmembers Herfert, Hernandez, Lane, Sanderson
Others Present: Pasmant, Gorman, Fields, Bachman, Yauchzee
PUBLIC COMMENT ON ITEMS ON THE AGENDA
No comments offered.
CLOSED SESSION Mayor Touhey commenced the closed session at 6:10 p.m. to discuss the following matters:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
Pursuant to Government Code § 54956.9(a)
City of West Covina vs. Valencia Heights Water Company
Kristin Dualan vs. City of West Covina
Davis vs. City of West Covina
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(b)
One Case
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiator: Pasmant
● Miscellaneous Unrepresented Management Employee, 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 and City Engineer
-Director of Risk Management
City Negotiators: Fields, Bachman
● Employee Organizations
- W.C. Police Officers’ Association
- W. C. Police Management Association
- W. C. Firefighters’ Association, I.A.F.F., Local 3226
- W.C. Firefighters’ Management Association
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
- City Manager
ADJOURNMENT Mayor Touhey adjourned the meeting at 7:00 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
May 15, 2007
Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:15 p.m in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION City Manager Andrew Pasmant
PLEDGE OF ALLEGIANCE Led by Councilmember Herfert
ROLL CALL Mayor Touhey, Councilmembers Herfert, Hernandez, Lane, Sanderson
Others present: Pasmant, Alvarez-Glasman, Fields, Samaniego, Yauchzee, Dettor, Swink, Bachman, Elliott, Rush
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
All members were present and prior to convening into closed session, all items on the City Council agenda and the Community Development Agenda (CDC) were announced for inclusion in the closed session discussion.
Items on the CDC Agenda:
Conference with Real Property Negotiators — Property: 100 South Vincent Avenue — The Commission received a briefing, there was no final action taken and the Commission received and filed the report.
Items on the City Agenda:
Conference with Legal Counsel — Existing Litigation - City of West Covina vs. Valencia Heights Water Company — Mayor Touhey recused himself due to past business transaction with a possible developer of the site and left the room. No final action was taken and nothing further to report. Mayor Touhey returned to the conference room.
Conference with Legal Counsel — Existing Litigation — Kristin Dualan vs. City of West Covina — Council received a briefing; direction was provided to staff as expressed in closed session. No final action and nothing further to report.
Conference with Legal Counsel — Existing Litigation — Davis vs. City of West Covina - Direction was provided to the City Attorney’s office with no final action and nothing further to report.
Conference with Legal Counsel — Anticipated Litigation - One case regarding PERS gross up. Direction was provided to staff with no final action taken and nothing further to report.
Conference with Labor Negotiators — Miscellaneous Management Employees including: Assistant City Clerk, Assistant City Manager, Communications Director, Community Development Commission Director, Community Services Director, Finance Director, Fire Chief, Director of Human Resources, Planning Director, Police Chief, Public Works Director and City Engineer, Director of Risk Management
Conference with Labor Negotiators — Employee Organizations — W.C. Police Officers Association; W.C. Police Management Association; W.C. Firefighters’ Association, I.A.F.F., Local 3226; W.C. Firefighters’ Management Association. Conference with Labor Negotiators — City Manager.
All Conferences with Labor Negotiators were not discussed and will be carried over to a future meeting.
CHANGES TO THE AGENDA None.
PRESENTATIONS Blue Star Video was aired.
Mayor Touhey called forward Police Chief Frank Wills to introduce Cpl. Don Fernald for 28 years of service to the City of West Covina who is now the Police Chief for Rowland Unified School District.
Mayor Touhey presented Ms. Miriam Kim, Hollingworth Elementary Principal, a Certificate of Recognition on the opening of the new Wonder of Reading Library, a nonprofit organization dedicated to inspire the love of reading in children.
Mayor Touhey presented Brad McFadden, Lion Club representative, a Certificate of Recognition for their 37th Annual Night on the Town program on May 30, 2007.
Mayor Touhey, assisted by Coach Donnie Stephens of West Covina High School’s Wrestling Team, presented Certificates of Recognition to the Wrestling Champions who won several accolades at the 2007 CIF Coastal Division Championships.
Mayor Touhey, assisted by Ms. Catherine Julien, Director of the West Covina Dance Team, presented Certificates of Recognition to the members of her Dance Team who took several honors in regional and national Dance/Drill Competitions this year.
Mayor Touhey presented Shannon Yauchzee, Public Works Director, with a Proclamation designating May 21 through May 25 as Public Works Week.
Mayor Touhey presented the Fire Department with a Proclamation designating May 20 through May 26 as Emergency Medical Services Week.
Mayor Touhey presented Lyndel Morgan, Community Services Manager, a Proclamation designating May as National Aquatics Month.
ORAL COMMUNICATIONS At the request of the Mayor, City Attorney Alvarez-Glasman reiterated excerpt from the Municipal Code and the Government Code regarding Rules of Debate, manner of addressing the City Council/audience participation and rules of decorum during a Council Meeting.
Milford Walker Milford Walker, West Covina resident, addressed the Council on politics; complimented the Fire Department personnel; commented on the Tribune article which addressed voting conflicts.
Nancy Adin Nancy Adin, West Covina resident, also commented on the article in today’s Tribune on tonight’s item before the Council to not allow council votes on any project which could financially benefit councilmembers or companies they represent and addressed oral comments made at a prior meeting.
Joanne Wilner Joanne Wilner, West Covina resident, spoke on several agenda items including the proposed cancellation of future meetings; implementation of Senate Bill 53 [guidelines to acquire property by eminent domain]; and the Blue Star banner program.
Royall Brown Royall Brown, West Covina resident, commented on the proposed cancellation of council meetings and implementation of Senate Bill 53.
Bill Schaeffer Bill Schaeffer, West Covina resident, thanked the council for their hard work and consideration to re-evaluate the proposed condo project on Sunset Avenue.
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed the Graffiti Reward program; volunteer graffiti removal and requested council to donate funds for equipment.
Herb Redholtz Herb Redholtz, West Covina resident, addressed comments received by a councilmember at the last meeting and requested that rules of decorum for the audience be enforced with councilmembers.
Ray Hernandez Ray Hernandez, West Covina resident, commented on previous Tribune article in which Councilmember Hernandez made a comment and requested his unprofessional behavior stop.
Alfred Williams Alfred Williams, West Covina resident, addressed the Concerned Citizen for a Better West Covina website and concerns that the website has likeness of the City’s logo and website.
Bruce Leinbach Bruce Leinbach, West Covina resident, commented on the property on Sunset Avenue and the proposed development and felt the greatest problem is parking issues.
Fred Sykes Fred Sykes, West Covina resident, addressed the agenda item in proposing an ordinance prohibiting council to vote on any development of financial benefit to councilmembers or companies they work for; and politics in West Covina.
CONSENT CALENDAR Councilmember Hernandez requested Item D-6b and D-6c be removed for separate consideration.
D-1 City Council Meeting Minutes (receive & file)
No reports for this meeting.
D-2 Claims Against the City (deny & notify claimants)
Claims Government Tort Claim Denials
Ordinance for Adoption
Ordinance for Adoption
D-3 Revised Business License Requirements
Ordinance No. 2160 Recommendation is to adopt the following ordinance:
Business License Requirements ORDINANCE NO. 2160 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING MUNICIPAL CODE CHAPTER 14 RELATING TO LICENSES AND BUSINESS REGULATIONS
Award of Bid
D-4 No reports for this meeting.
Approval of Final Map
Approval of Final Map for Tract No. 63356
Location: 1951 South Sunset Avenue
D-5 Subdivider: The Olson Company
Final Map No. 63356 Recommendation is that the City Council adopt the following resolution:
Reso No. 2007-30 RESOLUTION NO. 2007-30 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF TRACT NO. 63356 AND DIRECTING THE RECORDATION THEREOF (THE OLSON COMPANY)
miscellaneous — City Clerk’s Office
Document Imaging and Records Management System
D-6a Software and Services
Document Imaging System Recommendation is that the City Council approve the award of purchase of an Electronic Document Imaging and Records Management Software System (EDMS) and authorize the Finance Director to execute any and all documents related to a Professional Services Agreement with SIRE Technologies in the amount of $75,696 including license fees, implementation and training, and sales tax per the pricing contract awarded by the City of Mission Viejo.
Miscellaneous — City Manager’s Office
This item was removed for separate consideration.
D-6b Reschedule and Cancellation of City Council Meetings in July
Reschedule Council Meetings Recommendation is that the City Council consider the following:
Miscellaneous — Fire Department
This item was removed for separate consideration.
D-6c Authorization for Fireworks Display
Fireworks Displays Recommendation is that the City Council ratify authorization for the following fireworks displays:
Miscellaneous — Human Resources
Department Head Salary and Benefit Adjustments/City
D-6d Council Benefit Adjustments
Department Head Benefits Recommendation is that the City Council amend the related resolutions implementing salary and benefit adjustments for Department Heads and City Council as follows:
Reso No. 2007-31 RESOLUTION NO. 2007-31 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2004-21, RELATING TO CLASSIFICATION, COMPENSATION AND BENEFITS FOR DEPARTMENT HEADS
Reso No. 2007-32 RESOLUTION NO. 2007-32 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 2004-22 RELATING TO ADJUSTMENTS IN ELIGIBLE BENEFITS AND COMPENSATION FOR CITY COUNCIL
Miscellaneous — Community Development Commission
D-6e Implementation of Senate Bill 53
Senate Bill 53 Recommendation is that the City Council introduce the following ordinance that contains a description of the City of West Covina Community Development Commission’s (CDC) guidelines to acquire property by eminent domain in the West Covina Redevelopment Project Area and Citywide Redevelopment Project Area:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA ADOPTING A PROGRAM FOR THE USE OF EMINENT DOMAIN BY THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA PURSUANT TO SB 53
Miscellaneous — Public Works
D-6f West Covina Citywide Sewer Service Charge - Setting a Public Hearing Date on Method of Collection
Citywide Sewer Svc Fees Recommendation is that the City Council adopt the following resolution:
Reso 2007-33 RESOLUTION NO. 2007-33 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO COLLECT THE ANNUAL SEWER SERVICE CHARGE THROUGH THE COUNTY TAX BILL AND SETTING A DATE OF AUGUST 7, 2007 FOR A PUBLIC HEARING ON METHOD OF COLLECTION
Councilmember Reports
D —7 Mayor Touhey
Council Debit Cards City Council Debit Cards
Recommendation is that the City Council discontinue the practice of providing debit cards to councilmembers.
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Lane to waive further reading of the resolutions/ordinances and introduce/adopt, and approve all items except D-6b and D-6c. Motion carried 5 — 0 by the following roll call vote:
AYES: Herfert, Hernandez, Lane, Sanderson, Touhey
NOES: None
Item D-6b Reschedule and Cancellation of City Council Meetings in July and August 2007
Councilmember Hernandez requested clarification as to staff’s recommendation to cancel the July 17 and August 21 meetings in which City Manager responded that Councilmembers have indicated proposed vacations on those dates.
Motion by Sanderson and seconded by Herfert to approve the cancellation of the July 17 and August 21 meetings. Motion carried by 4 — 1 (Hernandez no)
Item D-6c Authorization for Fireworks Display
Councilmember Hernandez asked about the staff report stating there is fiscal impact in the authorization for the fireworks displays. Fire Chief Elliott stated that actual costs for providing pyrotechnical permits are not waived.
Motion by Sanderson and seconded by Hernandez to approve staff recommendation.
Motion carried 5-0.
PUBLIC HEARINGS
E-1 Public Hearing
Fees & Charges Fees and Charges
Mayor Touhey announced the public hearing matter. Assistant City Clerk Rush verified that proper legal notice had been given and Mayor Touhey opened the public hearing. City Controller Swink presented a brief staff report regarding the proposed fee and charge schedule for services provided. Also proposed, is an increase of fees charged to the City of Baldwin Park for the booking of female prisoners.
Public Testimony Mayor Touhey opened the public testimony portion of the hearing and asked for public comments.
Joanne Wilner, West Covina resident, commented that certain parking violation fines were not high enough.
Close Testimony There being no one else desiring to address the Council, Mayor Touhey closed the public testimony portion of the hearing.
Assistant City Clerk Rush presented:
Reso No. 2007-34 RESOLUTION NO. 2007-34 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING AND INCREASING CERTAIN FEES
Motion Motion by Herfert and seconded by Hernandez to waive further reading of the resolution and adopt and to approve the contract with Baldwin Park for incarceration of prisoners. Motion carried by 5-0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Touhey recessed the City Council meeting at 9:05 p.m. to convene the Community Development Commission meeting. The City Council reconvened at 9:19 p.m. with all members present.
DEPARTMENTAL MATTERS
Environmental Management Department
G-1 South Coast Air Quality Management District Draft 2007 Air
AQMD 2007 Plan Quality Management Plan
Environmental Management Director Samaniego presented brief staff report.
Assistant City Clerk Rush presented:
Reso No. 2007-35 RESOLUTION NO. 2007-35 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, IN SUPPORT OF THE DEVELOPMENT OF THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT’S DRAFT 2007 AIR QUALITY MANAGEMENT PLAN FOCUSING ON MOBILE SOURCE CONTROLS
Motion Motion by Hernandez and seconded by Lane to waive further reading of the resolution and adopt. Motion carried by 5-0.
G-2 Waste Management Enforcement Agency Hearing Panel
WMEA Hearing Panel Environmental Management Director Samaniego presented the staff report asking the Council to appoint three primary and two alternate councilmembers to the City’s Waste Management Enforcement Agency Hearing Panel.
Motion Motion by Herfert and seconded by Lane to nominate Councilmember Hernandez, councilmember Herfert and Councilmember Sanderson as the three primary and Mayor Pro Tem Lane and Mayor Touhey as two alternate appointees to the City’s Waste Management Enforcement Agency Hearing Panel.
Motion carried by 5-0.
MAYOR’S/COUNCILMEMBERS REPORTS
Mayor Michael Touhey
H-1 Blue Star Street Banner Program
Blue Star Banner Program Motion by Herfert and seconded by Lane to approve the Blue Star Street Banner Program.
Motion carried by 5-0.
Mayor Michael Touhey
Information Report on the Legality of a Program Requiring Serious Sex Offenders to Wear Global Positioning System
H-2 (GPS) Monitoring Devices
GPS for Sex Offenders Police Lieutenant Dettor presented the staff report and responded to questions. Discussion ensued regarding current legislation, how the monitoring takes place, enforcement and funding.
Motion Motion by Touhey and seconded by Sanderson to approve Alternative #1, to draft an ordinance requiring all "high risk" sex offenders living in the City to be required to wear a GPS device now.
Amendment to motion Following further discussion, an amendment is offered by Councilmember Sanderson to also include Alternative #5, affirming Council’s desire to monitor all felony convicted sex registrants living in West Covina, and to bring back the most cost effective means to do so. Mayor Touhey accepted the amendment to his motion.
Substitute motion Substitute motion offered by Hernandez to support Alternative #5, only, to affirm the Council’s desire to monitor all felony convicted sex registrants living in West Covina, and to bring back the most cost effective means to do so. Motion died due to lack of second.
Action on original motion with amendment Motion carried by 4-0-1 (Hernandez abstained). Councilmember Hernandez stated his preference would be to support Alternative # 5 only, as preferred by the police department. Councilmember Herfert stated he supported the drafting of an ordinance but would make his final decision when the ordinance is brought forward.
COUNCILMEMBERS’ REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS
Councilmember Roger Hernandez
Request from Councilmember Roger Hernandez Seeking the City Council’s Consensus to Adopt an Ordinance to Prohibit the City Council, as a Whole, to Vote on any Development that May provide a Financial Benefit to any City Councilmember
I-1 or Company for which they Represent/Work
Voting Prohibition Ordinance Councilmember Hernandez presented a background for his request and requested the council consider a staff report with options.
Councilmembers engaged in discussion as to current policies and laws already in place to regulate any conflict of interests. The City Attorney confirmed that provisions are in place under the Political Reform Act and the government Code.
Councilmember Hernandez stated he would like to see laws more stringent than state laws in place.
Following continued discussion, Councilmember Herfert called for the question.
Motion Motion by Herfert and seconded by Sanderson to receive and file. Motion carried 4 — 1 (Hernandez no).
Mayor Michael Touhey
Request from Mayor Michael Touhey Seeking the City Council’s Consensus to Instruct City Staff to Prepare a Staff Report to Join the Los Angeles Regional High Speed Rail Line
I-2 Construction Authority
High Speed Rail Line Authority Motion by Herfert and seconded by Lane to bring back a report to join the Los Angeles Regional High Speed Rail Line Construction Authority.
Motion carried 5-0.
COUNCILMEMBER COMMENTS
Councilmember Herfert stated he hopes the Council can continue to work together without assumptions and innuendos.
ADJOURNMENT Motion by Touhey and seconded by Herfert to adjourn the meeting at 10:32 p.m. in memory of Mr. Richardson a longtime community member. Motion carried by 5 -0.
Submitted by:
Assistant City Clerk Sue Rush
Mayor Michael Touhey