01-23-2003 - Regular Meeting - MinutesI
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MINUTES
SPECIAL MEETING OF THE
WEST COVINA CITY COUNCIL
JANUARY 23, 2003
Mayor Touhey called to order the special meeting of the West Covina City Council at 6:43 pm in the
City Manager's Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina.
ROLL CALL Mayor Touhey, Mayor Pro Tem Herfert, Councilmembers Miller,
and Sanderson
Absent: Councilmember Wong
Others Present: Pasmant, Alvarez-Glasman, Fields, Wills, Freeland, Schimanski,
Tedesco, Berry
CLOSED SESSION Mayor Touhey commenced the closed session at 6:43 pm to
discuss the following matter:
CONFERENCE WITH LEGAL COUNSEL —
POTENTIAL LITIGATION
Pursuant to Government Code § 54956.9(lb)
One case.
Mayor Touhey concluded the closed session at 7:00 pm and the
City Council convened in the City Hall Council Chambers for the
scheduled open session portion of the meeting.
OPEN SESSION Mayor Touhey reconvened the City Council at 7:12 pm in the City
Hall Council Chambers with all members present, except Council -
member Wong,
DEPARTMENT OF CORRECTIONS — STATUS REPORT
Chief of Police Wills presented a status report concerning the De-
partment of Corrections insofar as recent developments involving a
serious sex offender being released back into the City of West
Covina. He presented a chronology of events and the conditions of
parole that the City Council previously stated as being very
desirous.
City Attorney Alvarez-Glasman touched on pertinent regulations
within Megan's Law and that the Police Department's distribution
of information has been executed within the letter of the law. The
purpose of the meeting tonight is to provide a forum for citizens to
express their opinions. He also addressed his firm's work on
addressing the City's wishes in strengthening Megan's Law as it
currently stands.
Public Comments
Cookie Nance Cookie Nance referred to a newspaper statement made by the
parents of the sex offender in question that he would be watched at
all times. She questioned the reality of being able to keep the
individual in constant sight.
Council Minutes of 1/23/03
Danny Aguilar Danny Aguilar, uncle of the sex offender, stated that the felon does
not belong in the City of West Covina, near children, and the entire
family feels exactly the same.
John Shewmaker John Shewmaker stated that it takes a lot of courage for a family
member to speak as Mr. Aguilar did. He felt that there are certain
crimes that the perpetrators should not be allowed back in society.
Roberta Azpietia Roberta Azpeitia was glad to hear the family member state that
blood is not thicker than water. She noted that the newspaper
article reported that there are 102 pedophiles in West Covina.
Marie Bryant Marie Bryant stated that it was really sad that everyone was back
here again after discussing this issue for the first time just four
months ago. She was very glad to hear Mr. Aguilar speak. She
felt the state and federal government has let us down by allowing
this person and others like him back into society.
Roland Butler Roland Butler pointed to his three reasons — his three daughters —
for speaking against the recent release of this felon back into the
City.
Donna Melone Donna Melone stated that this individual lost his good neighbor
card when he did what he did to that little girl.
Grant Clinton Grant Clinton expressed his worry in that the only thing between
his home and three daughters and the sex offender is the golf
course.
Vicki Chavez Vicki Chavez said there was enough notice given regarding this
meeting because the Council Chambers should have been full. She
wanted to hear what it is that the citizens can do about this.
Another citizen addressed Council regarding the fact that this little
girl could have been murdered, but was rescued in time. What
other crimes has this man committed and not been caught.
John Hernandez John Hernandez stated that he lives within a quarter of a mile of
the pedophile and felt the citizens need to picket the neighborhood
in order to rid the City of him.
011ie Solish 011ie Solish noted that his family would share the fence with this
man. He has three teenagers and said his family is going to be
imprisoned in their own house because of this man.
Another citizen addressed Council, noting that this particular man
is a dirt bag and suggested that everyone work with the Police
Department and keep their eyes open.
Chris Navarette Chris Navarette remarked on two other pedophile cases and the
only difference between this one and those is that this little girl was
found in time.
• Council Discussion
Councilmember Herfert stated that he believed the Mayor would
be calling these meetings frequently and the residents would be
notified in time to attend.
He stated that the state parole office lied to the City in
regards to their promise not to expand that office on Badillo
Avenue. They came back a couple of months later with the
intention of expanding it after all. This situation is similar in that
the City was assured this pedophile was not going to be allowed in
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Council Minutes of 1/23/03
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West Covina and now the City has to go through this again
because the state has reversed its position.
He reassured the residents that, among other things, police
protection would be increased in the area until this situation is
resolved. He noted the City's concerns about where children play
and their routes to and from.
Councilmember Miller noted his weariness with the state dumping
on the City. The state doesn't answer to anyone when they can't
keep track of the pedophiles, but the City Police Department sure
answers to residents if they don't respond to a situation. It's time
the state takes responsibility. We need to get other cities behind
us.
Councilmember Sanderson stated that this is just the first step and
if we all work together, this can be resolved. She gave several sug-
gestions as to what should be changed at the state level: strengthen
the state parole system and technology, tougher sentences for high -
risk sex offenders, terminate early release, and improve com-
munication between cities and the state.
Mayor Touhey echoed his fellow Councilmembers in appreciating
the attendance this evening and expressing opinions on this issue.
He reported that four months ago, the City Council recommended
to the state the imposition of stricter requirements and conditions
on parolees.
He assured the residents that the City Council would be
doing everything possible to keep them safe and protect their
rights. He asked the City Attorney to explain the City's intentions
as far as challenging the state.
Suggested Motion City Attorney Alvarez-Glasman stated that the City Council could
consider a motion for the commencement of litigation against the
State of California and all departments involved concerning this
matter brought by the City of West Covina and appropriate parties
within the City to take action in attempt to prohibit the state from
its conduct and future conduct with respect to this particular
individual and all sex offenders in general. Also, the City Council
is desirous of seeking a meeting with the Attorney General, Mr.
Bill Lockyer, as well as appropriate members of the State Parole
Board and department in order to resolve this at the earliest
possible date.
Councilmember Miller suggested that the City of West
Covina seek amicus briefs by other cities. City Attorney Alvarez-
Glasman stated that he sits on a League of California Cities
committee and will place that on the Internet to all City attorneys
across the state.
Action Motion by Touhey and seconded by Herfert to commence
litigation against the State of California as discussed in the above
two paragraphs. Motion carried 4-0.
Councilmember Herfert noted that Megan's Law prohibits pedo-
philes from being released within a quarter mile of an elementary
school. He suggested that that should include day care centers,
private schools, routes to and from if the kids are walking. Perhaps
residents could contact City Hall with that kind of information.
Resident Donna Malone suggested that if the state cannot track sex
offenders, let the City hire a private investigator to do the job and
bill the state.
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Council Minutes of 1/23/03
City Attorney Alvarez-Glasman stated that residents may call the
City. Manager's Office at 626 939-8401 for situations within the
neighborhood that would be helpful and relevant for purposes of
the City's actions against the state.
Police Chief Wills stated that there are fifty conditions regarding
Mr. Conklin's parole. If you wish to convey anything suspicious
or you think may be putting the public in danger, please call
Detective Dario Aldecoa or Detective Michelle Figueroa
at (626)939-8510.
City Attorney Alvarez-Glasman reminded the audience not
to forget that if there is any suspicious activity, they should call 9-
1-1 and definitely do not intervene.
Police Chief Wills stated that the Police finished an interview with
Mr. Conklin about an hour ago and if his appearance has changed
since the last photo that was seen by the residents, it will be
updated and distributed to the residents within a quarter mile. He
addressed a little quirk in the law that prohibits law enforcement
personnel from distributing that photo directly to the press, media,
and throughout the City. However, if a citizen wants to do that, we
can't control that. He mentioned that all the school administrators
and principals have the photograph.
ADJOURNMENT Motion by Miller and seconded by Sanderson to adjourn the
meeting at 8:16 pm. Mayor Touhey stated there would be a
meeting next Thursday, January 30, 2003 at the Senior Citizens
Center at 7:00 pm and directed staff to double check the
availability.
Motion carried 4-0.
City Clerk Janet Ber
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Mayo Michael Touhey
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