05-01-2007 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
May 1, 2007
• Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:00 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 Sanderson
ROLL CALL Mayor Touhey, Councilmembers Herfert, Hernandez, Sanderson
Absent: Mayor Pro Tern Lane
Others Present Pasmant, Alvarez-Glasman, Fields, Chung, Yauchzee, Elliott,
Dettor, Wills, McNeill, McDonald, Freeland, Rush
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
All members were present except Mayor Pro Tern/Vice
Chairman Lane 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 City Agenda:
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 and City Engineer;
Director of Risk Management — No final action taken and nothing
further to report.
Conference with Labor Negotiators — City Manager - No
final action taken and nothing further to report.
Conference with Legal Counsel — Anticipated Litigation —
One case. — No action was taken and nothing further to report.
Items on the CDC Agenda:
Conference with Real Property Negotiators — Property:
1311 East Herring Street; 1994 Walnut Creek Parkway; 926 East
Vine Street — A briefing and direction was provided to the
Commission with no final action taken.
CHANGES TO THE AGENDA None.
• PRESENTATIONS Blue Star Video was aired.
Mayor Touhey introduced Coach Latoya Jefferson who assisted
the Mayor with the presentation of Certificates of Recognition to
the Nogales High School Cheer Team.
City Council Minutes of May 1, 2007
Mayor Touhey introduced former U.S. Congressman Esteban
Torres and presented him with a certificate from the City for his
service on the California Transportation Commission.
Mayor Touhey called forward Scott Smilowitz, Community
Services Manager, who introduced Travis Iseri, West Covina
• Senior Center Supervisor.
Mayor Touhey and Steve Samaniego, Environmental Management
Director presented Irene Fleck with a proclamation designating
May as West Covina Beautiful Month. Ms. Fleck recognized the
West Covina Beautiful Month poster contest winners.
Mayor Touhey announced that the City of West Covina
proclaimed April 24, 2007 as Armenian Remembrance Day, to
recognize the 91 s` Anniversary of the Armenian Genocide.
ORAL COMMUNICATIONS Brief discussion ensued regarding the order in which the Mayor
called speakers forward. The City Attorney stated that the Mayor
is the chair of the meeting and there is no set protocol for the order
of speakers.
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Rob Charles Rob Charles, Field Representative for 'Assemblyman Ed
Hernandez, announced an upcoming Community Health Fair on
May 19 at the Baldwin Park Performing Arts Center.
Bill Hosn Bill Hosn, West Covina resident, commented on remarks made by
Councilmember Hernandez that were printed in the Tribune today
regarding not being put in the position of mayor.
Edelia Fernandez Edelia Fernandez, West Covina resident, spoke in opposition of
construction of the condo complex development on Sunset.
Michael Allen Michael Allen, representing Franscell, Strickland, Roberts &
Lawrence, thanked the City for considering their firm for legal
services.
Dana Sykes Dana Sykes, West Covina resident, addressed promises not kept by
councilmembers and donations made to various campaign
committees.
Fred Sykes Fred Sykes, West Covina resident, commented on government in
West Covina; cancellation of recent Council meetings; and
Councilmember Hernandez' right for mayor position.
Veronica Infranca Veronica Infranca, West Covina resident, spoke in opposition of
the development of condos on Sunset Avenue and the safety of her
children with the increased traffic.
Aurora Betty Valles Aurora Betty Valles, West Covina resident, thanked the Mayor and
Council for opportunity to express her issues and complimented
Mayor Touhey, Councilmembers Herfert, Lane and Sanderson in
• making the City prosperous; directed comments towards
Councilmember Hernandez regarding his comments in the
newspaper.
Councilmember Hernandez stated the Tribune had misrepresented his statement in the paper today.
Jesus Castillo Jesus Castillo, West Covina resident, addressed the Council's
decision to overturn the Planning Commission's decision to not
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City Council Minutes of May 1, 2007
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approve the condo development on Sunset and commented on
AB 1234 and appropriateness of Council's action.
Maria Diaz -Castillo Maria Diaz -Castillo, West Covina resident, spoke in opposition to
the condo development on Sunset, Council's approval of the
project and the tactic of the McIntyre Group in working with the
neighborhood.
Tatyana Leon Tatyana Leon, West Covina resident, spoke in opposition to the
condo development on Sunset and commented on the actions of
Councilmembers.
Fely McIntosh Fely McIntosh, West Covina resident, spoke in opposition to
Councilmember Hernandez succession to the position of Mayor.
Charles Ozenghar Charles Ozenghar, West Covina resident, spoke in support of
Mayor Touhey's and Councilmember Herfert's efforts in the
closure of the BKK Landfill and stated his continued support of the
councilmembers until given reasons to question their principals.
Natalie Mendoza Natalie Mendoza, West Covina resident, addressed the Mayoral
succession order.
Elsie Messman Elsie Messman, West Covina resident, addressed the decision -
making tactics of the Council and campaign contributions received
by councilmembers.
Tom Messman Tom Messman, West Covina resident, spoke on the Council's
unprofessional behavior; stated council's actions are based on
personal financial gain.
Phillip Estrada Phillip Estrada, West Covina resident, spoke on the cancellation of
the second meeting in April; graffiti issues; thanked the volunteers
in the City; and addressed the condo development on Sunset Ave.
Isela Schafer Isela Schafer, West Covina resident, read a statement on behalf of
Alex Gonzalez (neighbor) who was unable to attend but opposed
the condominium development project on Sunset Avenue and
Council decision.
Juan Diaz Juan Diaz, West Covina resident, commented on the succession of
the Mayor and played a video excerpt from previous meetings
highlighting councilmember comments regarding the succession.
Gloria Vargas Gloria Vargas, West Covina resident, commented that the Council
must follow rules and reach consensus in order to take care of
business and suggested Councilmember Hernandez review the
Council's rules.
William Schafer William Schafer, West Covina resident, addressed tonight's
resolution findings regarding the condo project on Sunset Avenue,
and stated the findings are inaccurate, questioned favors granted to
the developer and stated the council should act in the best interest
of the citizens.
Alvin T. Love Alvin T. Love, West Covina resident, spoke in opposition to the
condominium development on Sunset Avenue.
Ray Hernandez Ray Hernandez, West Covina resident, stated that Councilmember
Hernandez should not be elevated to the position of Mayor due to
his actions which prompted the harassment investigation.
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City Council Minutes of May 1, 2007
Royall Brown Royall Brown, West Covina resident, commented on conflict of
interest disclosure requirements, development of a health &
wellness facility at the Senior Center and the definition of a Health
& Wellness facility.
Herb Redholtz Herb Redholtz, West Covina resident, made several comments
• regarding comments made by Councilmember Hernandez in
today's newspaper and actions of Councilmember Hernandez.
Councilmember Hernandez clarified that comments in the Tribune
were misquoted.
Cookie Nance Cookie Nance, West Covina resident, commented on the
Concerned Citizens for West Covina's website and its similarities
to the City's official website.
Nancy Adin Nancy Adin, West Covina resident, addressed several past actions
of Councilmember Hernandez citing his actions as either immoral
and/or illegal.
Councilmember Herfert left the dais at 9:20 p.m.
Councilmember Sanderson left the dais at 9:25 p.m.
Recess Mayor Touhey called for a recess at 9:25 p.m. due to lack of a
quorum. The Mayor reconvened the meeting at 9:40 p.m. with all
members present except Mayor Pro Tern Lane.
Magdalena Lona-Wiant Magdalena Lona-Wiant, with the law firm Woodruff, Spradlin &
Smart, introduced herself and stated the firm she works for has
submitted a proposal for General Liability counsel and requested
Council's consideration.
Don Carman Don Carman, West Covina resident, made several comments as to
why Councilmember Hernandez should not be rotated into the
position of Mayor.
Robert F. Spoeri Robert F. Spoeri, esq., requested Council consider his law firm for
Workers' Compensation legal counsel.
Jeremy Infranca Jeremy Infranca, West Covina resident, voiced his opposition to
the condominium development on Sunset Avenue.
Joanne Wilner Joanne Wilner, West Covina resident, commented on service
received from Charter Communications; Health & Wellness at the
Senior Center; Cortez Walking trails construction and
condominium development.
Norma Martinez Norma Martinez, West Covina resident, addressed the Health &
Wellness Center proposal request and political actions of
councilmembers.
Bruce Leinbach Bruce Leinbach, West Covina resident, addressed cancellation of
• an April meeting; the condominium project; and mayoral rotation.
Lloyd Johnson Lloyd Johnson, West Covina resident, stated that the mayor
position is earned and not a right; and made several comments
regarding actions by Councilmember Hernandez.
Councilmember Herfert left the dais at 10:10 p.m.
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City Council Minutes of May 1, 2007
Juan Reynosa Juan Reynosa, West Covina resident, formally requested that City
staff cease from making any disparaging remarks regarding his
company.
Councilmember Herfert returned to the dais at 10:15 p.m.
isCouncilmembers elaborated on their viewpoints of several of the
comments and concerns made by residents during oral
communications.
UPDATES FROM CONSULTANTS
No reports for this meeting.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
Councilmembers' Requests for Reports, Studies, or
Investigations - Mayor Michael Touhey
Request from Mayor Michael Touhey Seeking the City
Council's Consensus to Instruct City Staff to Prepare a
Request for the Development of a Health & Wellness Facility
C-1 at the Senior Center
Health & Wellness Facility Motion by Sanderson and second by Touhey to have this item
brought back for further discussion. Motion carried by 4-0.
Mayor/Councilmember Reports - Mayor Michael Touhey
Information Report on the Legality of a Program Requiring
Serious Sex Offenders to Wear Global Positioning System
C-2 (GPS) Monitoring Devices
GPS Devices Motion by Sanderson and second by Touhey to bring back for
further discussion the implementation of a policy requiring sex
offenders to wear GPS monitoring devices. Motion carried by 4-0.
CONSENT CALENDAR Councilmember Hernandez requested Item D-6e be removed for
separate consideration.
Councilmember Herfert requested items D-6j and D-7 be removed
for separate consideration.
D-1 City Council Meeting Minutes (receive & file)
• Special Meeting of February 6, 2007
• Regular Meeting of February 6, 2007
D-2 Commission Summary of Actions (receive & file)
Commission Summary a) Human Resources 03/14/07
b) Planning Commission 04/24/07
Award of Bid
D-3a Purchase of Two Dump Body Trucks
Purchase Dump Trucks Recommendation is that the City Council authorize the purchase of
two dump body trucks from the lowest responsible bidder,
Raceway Ford of Riverside, California, for a total cost of
$72,428.60, including sales tax and options.
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Award of Bid for Cortez Park Walking Trail Construction
D-3b (Project No. PP-07211
Cortez Park Trails Recommendation is that the City Council accept the bid of
Addscape, Inc. in the amount of $120,000 as submitted at the bid
opening on March 28, 2007, and authorize the Public Works
Director/City Engineer and City Clerk to execute the contract.
City Council Minutes of May 1, 2007
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D-3c
Senior Center Renovation
Award of Bid for Senior Center Renovation
(Project No. BP-07315)
Recommendation is that the City Council take the following
actions:
1. Accept the bid of All American Painting in the amount of
$104,445 as submitted at the bid opening on March 28, 2007,
and authorize the Public Works Director/City Engineer and
City Clerk to execute the contract.
2. Amend the project scope of work to include the installation of
a new sliding door at the main building's primary entrance at
an additional lump sum cost of $10,000.
D-3d Award of Bid Printing of Discover West Covina
Discover WC Printer Recommendation is that the City Council approve a three-year
contract with Sari Art & Printing, Inc. for the printing of "Discover
West Covina."
D-4 Traffic Committee Minutes April 17, 2007 (accept & file)
Traffic Committee Minutes L Request of Samuel Adams, West Covina Resident
That parking on the north side of Mardina Street from 1303 East
Mardina Street to 131 North Mardina Street and on the south side
from 1326 East Mardina Street to 1348 East Mardina Street be
restricted to Permit only parking.
Traffic Committee Recommendation:
That parking on the north side of Mardina Street from 1303 East
Mardina Street to 131 North Mardina Street and on the south side
from 1326 East Mardina Street to 1348 East Mardina Street be
restricted to Permit only parking.
D-5 City Treasurer's Report (receive & file)
Treasurer's Report Report for the Month of March 2007.
Miscellaneous — Environmental Management
D-6a BKK Landfill Site Quarterly Status Report
BKK Status Report Recommendation is that the City Council receive and file this
report.
Miscellaneous — Finance Department
D-6b Authorization to Appropriate Restricted Donations
Restricted Donations Recommendation is that the City Council authorize the Finance
Director to make future appropriations and related budget entries
for restricted donations in the appropriate amounts as they arise.
D-6c 2006-2007 Fiscal Year 3Cd Quarter Budget Update
3`d Quarter Budget Update Recommendation is that the City Council receive and file the
budget update report and appropriate $10,000 for the construction
of an office and related furniture in the Community Services
Department.
Miscellaneous - Human Resources
D-6d Petition for Formal Recognition — Fire Management Association
Fire Mgmt. Association Recommendation is that the City Council approve the Petition for
Recognition of the Fire Management Association.
Miscellaneous - Planning Department
This item was removed for separate consideration. Action taken
did not reflect staff recommendation.
D-6e - Ordinance for Adoption - Zone Change No. 06-04 from "R-A"
850-856 Sunset Ave. to "MF-20"
Adoption of Revised Resolution - Variance No. 06-21
Location - 850-856 S. Sunset Avenue
City Council Minutes of May 1, 2007
Recommendation is that the City Council adopt the following
ordinance:
ORDINANCE NO. AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA APPROVING ZONE CHANGE NO. 06-04
• Recommendation is that the City Council adopt the following
revised resolution:
RESOLUTION NO. - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, RESCINDING CITY COUNCIL RESOLUTION
NO. 2007-26, OVERTURNING THE DECISION OF THE
PLANNING COMMISSION AND APPROVING VARIANCE
NO. 06-21
Miscellaneous — Public Works Department
D-6f Citywide Lighting and Maintenance District Preliminary
Ltg & Mtc Districts Approval of the Engineer's Report
Recommendation is that the City Council adopt the following
resolution:
Reso No. 2007-27 RESOLUTION NO. 2007-27 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
PRELIMINARILY APPROVING THE CERTIFIED
ENGINEER'S REPORT AND DECLARING ITS INTENTION
TO HOLD A PUBLIC HEARING ON JUNE 5, 2007 TO
APPROVE CITYWIDE ASSESSMENTS COMMENCING IN
FISCAL YEAR 2007-2008 TO FUND THE OPERATION AND
MAINTENANCE OF STREET LIGHTS AND STREET TREES
WITHIN THE DISTRICT
D-6g Citywide Street Sweeping — Contract Extension
Street Sweeping Contract Recommendation that the City Council authorize staff to approve
a five-year contract extension to Nationwide Environmental .
Services (NES) of Norwalk with an option to renew annually
during an additional five-year period including monthly fuel
adjustments and annual tipping fee and CPI adjustments.
D-6h Month -to -Month Contract Extension for Maintenance of
HVAC Contract Heating, Ventilation, and Air Conditioning (HVAC) Equipment
for 21 City -Owned Buildings
It is recommended that the City Council approve a month -to -
month extension to the current contract with Allison Mechanical,
Inc. including a fifteen percent increase to the current contract
amount for the maintenance and repair of the HVAC systems in
City -owned buildings, and authorize the Public Works
Director/City Engineer and City Clerk to execute the contract.
Miscellaneous - Police Department
D-6i Supplemental Law Enforcement Services Fund (SLESF) Grant
SLESF Grant Recommendation is that the City Council:
1. Accept the Supplemental Law Enforcement Services Fund
(SLESF) grant, and appropriate the $218,887 grant as follows,
from the Fund balance of Fund 155:
• $133,372 into 155.31.3110.7160 (for police equipment
Is items)
• $85,515 into 155.31.3110.7170 (for police vehicles)
2. Approve an award of purchase to Burch Ford of La Habra, the
lowest responsive bidder, for two (2) Ford Expeditions for a
total cost of $51,752, including sales tax and premiere
extended warranty.
3. Waive the bid process and authorize the purchase of two used
vehicles for detective bureau and undercover work from
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City Council Minutes of May 1, 2007
Reynolds Buick of West Covina for $33,763 including sales
tax.
This item was removed for separate consideration.
D-6j Graffiti Reward Program
Graffiti Reward Program Recommendation is that the City Council adopt the following
• resolution implementing a graffiti reward program:
Reso No. 2007-29 RESOLUTION NO. 2007-29 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AUTHORIZING A GRAFFITI REWARDS PROGRAM TO BE
ESTABLISHED BY THE POLICE DEPARTMENT AND
AUTHORIZING STAFF TO UNDERTAKE APPROPRIATE
ACTIONS CONSISTENT THEREWITH, and
Appropriate approximately $2,000 from General Fund Reserves
into 110.31.3110.6571.
D-6k Revised Business License Requirements
Business License Requirements Recommendation is that the City Council introduce the following
Ordinance:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING MUNICIPAL
CODE CHAPTER 14 RELATING TO LICENSES AND
BUSINESS REGULATIONS
Approval of Final Map
This item was removed for separate consideration.
D-7 Approval of Final Maps for Tract No. 62631
Final Map - Tract No. 62631 Location: 1838 East Workman Avenue
1838 E. Workman Subdivider: McIntyre Properties
Recommendation is that the City Council adopt the following
resolution:
Reso No. 2007-28 RESOLUTION NO.2007-28 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING FINAL MAP OF TRACT NO. 62631 AND
DIRECTING THE RECORDATION THEREOF (MCINTYRE
PROPERTIES)
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Sanderson to waive further
reading of the resolutions/ordinances and introduce/adopt and
approve all items except: D-6e; D-6j; and D-7.
Motion carried 4 — 0 by the following roll call vote:
AYES: Herfert, Hernandez, Sanderson, Touhey
NOES: None
ABSENT: Lane
ABSTAIN: None
Mayor Touhey recused himself from participation on items_D-6e and D-7 due to his prior employment
by the McIntyre Group received final compensation in March 2007. Mayor Touhey left the Council
Chambers and Councilmember Herfert presided as chair.
Item D-6e Ordinance for Adoption: Zone Change No. 06-04 from "R A"to
"MF-20". Adoption of Revised Resolution: Variance No. 06-21
Location: 850-856S. SunsetAvenue
Councilmember Hernandez requested to uphold the requests of the
neighbors to not move forward with the project as is, but stated his
support of the project and suggested residents meet with the
developer to mitigate issues and then bring the project back to the
City Council.
Motion by Herfert and seconded by Sanderson to form a
sub -committee of two residents (Jeremy Infranca and William
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Schaeffer), two councilmembers and the Planning Director to meet
with the developer [McIntyre] to work towards a reduction of units
in the proposed project.
Motion carried 3-0. (Touhey and Lane absent)
Item 0-7 Approval of Final Maps for Tract No. 62631
Location: 1838 East Workman Avenue
Subdivider: McIntyre Properties
Motion by Herfert and seconded by Sanderson to approve staff
recommendation.
Councilmember Hernandez stated he didn't support the
Council voting on any item that would financially benefit any
member of the Council or his or her employer.
Motion carried 2-1 (Hernandez no. Touhey and Lane
absent).
Mayor Touhey returned to the Council Chamber and took his seat at the dais.
Item D-6j Graffiti Reward Program
Police Chief Wills presented a brief overview of the
proposed graffiti reward program.
Motion by Herfert and seconded by Sanderson to approve
staff recommendation to adopt Resolution No. 2007-30 and to
appropriate approximately $2,000 from General fund Reserves into
110.31.3110.6571.
Councilmember Hernandez requested the Mayor bring forward
Item H-4, Request from Councilmember Roger Hernandez Seeking
the City Council's Consensus to Reconsider the Mayor Succession
Order. The Mayor did not grant the request.
Mayor Touhey brought forward Public Hearing E-2 due to
members of the audience wishing to speak on the subject.
PUBLIC HEARINGS Public Hearing
FY 2007-2008 Community Development Block Grant (CDBG)
E-2 Program — Public Service Project Funding
CDBG Project Funding Mayor Touhey announced the public hearing matter and Assistant
City Clerk Rush verified that proper public notice had been given.
Mayor Touhey opened the hearing. Community Services
Management Analyst McDonald presented the staff report and
gave a background on the projects and the funding.
Public Testimony Mayor Touhey opened the public testimony portion of the hearing
and asked for public comment.
Blanca Perez, Education Outreach Coordinator for Project Sister,
spoke on the services provided by their organization and expressed
their appreciation of council support over the past few years.
Vatche Kelartinian, Center for Aging Resources, thanked the
council for previous funding and hoped they would continue their
support.
Royall Brown, West Covina resident, supported staffs
recommendations and urged the Council to also support it.
Maria Smith, Program Manager for the West Covina Community
Services Program, requested Council support for their program
which assists the homeless.
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Closed Testimonv
Motion
With no additional speakers wishing to address the council, Mayor
Touhey closed the public testimony portion of the hearing.
Motion by Herfert and seconded by Sanderson to approve staffs
recommendations as follows:
1. Allocate $261,000 CDBG funds to the Public Service Projects
as recommended by staff;
2. Direct staff to allocate any additional CDBG program income
funding received to the Domestic Violence Victim Advocate
Program, not to exceed the program's FY 2007-2008 budget
($28,091);
3. Direct staff to reduce funding allocations to all programs, on a
percentage basis, if the actual amount of program income
received through June 30, 2007 is less than the projected
$504,159;
4. Fund the Housing Rights Center $15,000 as an Administrative
activity.
Motion carried by 4 — 0.
At 11:16 p.m. Mayor Touhey requested a motion to continue with the meeting, as the West Covina
Standing Rules state that Council consensus is required to continue beyond 11:00.
Motion by Sanderson and seconded by Herfert to continue the
meeting.
HEARING Public Hearing
E-3 FY 2006-2007 Community Development Block Grant (CDBG)
2007 CDBG Action Plan Action Plan
Mayor Touhey announced the public hearing matter and Assistant
City Clerk Rush verified that proper legal notice had been given.
Mayor Touhey opened the public hearing. Community Services
Management Analyst McDonald presented the staff report.
Public Testimonv Mayor Touhey opened the public testimony portion of the hearing
and asked for public comment.
Royall Brown, West Covina resident, stated that the maps
depicting the low/moderate-income census tracts and block groups
were not included with the packets that were available to the public
and requested the item be held over.
Closed Testimonv With no one else wishing to address the council on this matter,
Mayor Touhey closed public testimony.
Motion Motion by Hernandez and seconded by Sanderson to approve the
proposed FY2007-2008 CDBG Action Plan.
Motion carried by 4 — 0.
HEARING Protest Hearing
E-1 Weed Abatement 2007 — Various City Locations
Weed Abatement 2007 Mayor Touhey announced the public hearing matter and Assistant
City Clerk Rush verified the Affidavit of Mailing and that proper
legal notice had been given.
Motion by Sanderson and seconded by Herfert to receive
and file the Affidavit of Mailing. Motion carried4-0.
Mayor Touhey opened the hearing and Fire Chief Elliott
presented the staff report. Assistant City Clerk Rush confirmed
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City Council Minutes of May 1, 2007
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Public Testimonv
Closed Testimony
that no written protests or objections against performing the
proposed work had been received.
Mayor Touhey opened the public testimony portion of the hearing
and asked for the public's comments or objections.
With no one wishing to address Council, Mayor Touhey closed
the public testimony portion of the hearing.
Motion Motion by Sanderson and seconded by Herfert to approve the
order for abatement of weeds and rubbish on those properties
described in Resolution No. 2007-17. Motion carried by 4 — 0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Touhey recessed the City Council meeting at 11:27 p.m. to
convene the Community Development Commission meeting. The
City council reconvened at 11:28 p.m. with all members present
except Mayor Pro Tern Lane.
DEPARTMENTAL MATTERS
COMMUNITY SERVICES DEPARTMENT
G-1 Latin America Summer Fest 2007 Event
Latin America Fest 2007 Community Services Director McNeill presented the staff report.
McNeill stated that if the Council approved both the endorsement
of the event and use of City resources, staff would determine any
costs and require that the City be reimbursed. McNeill provided a
brief overview of the proposed event and stated that an
endorsement from the City would allow the event promoters to
obtain final approval from the Lakes Entertainment Center.
Risk Manager Erin Hoppe answered questions from
Councilmember Sanderson regarding insurance requirements.
Luis Chacon from Team Chacon addressed questions
regarding their request for the City's sponsorship and funding of
the event. Chacon stated that the Lakes Entertainment Center is
requiring endorsement from the City and that any profit from the
event will benefit Future America, a non-profit program.
Motion Motion by Hernandez to approve Alternative #1 - Endorse and
approve the use of City resources for the Latin America Summer
Fest event on June 23, 2007, hosted by Team Chacon, On Air
Enterprises, and Future America at the Lakes Entertainment
Center.
Councilmember Herfert said he supported the event but not
City endorsement. Motion failed due to lack of second.
Motion Motion by Herfert and seconded by Sanderson to allow the event
to receive approval through the TUP (Temporary Use Permit)
process. Motion carried 4-0.
CITY MANAGER'S OFFICE
Request for Qualifications (RFQ) for Special Legal Counsel
G-2 Services
Special Legal Counsel RFQs Assistant to the City Manager Freeland provided a brief staff report
and stated that interviews had been conducted for city prosecutor
and personnel/labor law special legal services. Freeland requested
Council make a determination for specialized legal counsel in
those two areas, recommended maintaining membership in the San
Gabriel Valley Employment Relations Consortium and requested
Council establish a pool of firms for the areas of workers'
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compensation and general liability from the legal firms who
submitted timely proposals.
Workers' Compensation/ Motion by Herfert and second by Sanderson to qualify all firms
General Liability who submitted proposals for general liability and workers'
compensation legal services to be placed on a list respective to
their proposals, and allow staff to make selection as case deems
appropriate.
Motion carried 3-1 (Hernandez no.)
City Prosecutor Motion by Herfert and second by Hernandez to retain Jones &
Mayer for City Prosecutor legal services.
Motion carried 4-0.
Personnel/Labor Law Councilmember Herfert stated his support of Liebert, Cassidy &
Whitmore and Mayor Touhey stated his support in adding Meyer
Nave. Motion by Herfert and second by Sanderson to retain
Liebert, Cassidy & Whitmore and Meyers Nave for
personnel/labor law as a pool, in which staff can choose.
Councilmember Hernandez stated his support of Liebert,
Cassidy & Whitmore for personnel/labor law and would not
support Meyers Nave.
Motion carried 3-1 (Hernandez no)
Assistant to the City Manager Freeland added for clarification, that
by retaining Liebert, Cassidy & Whitmore, the City would
continue with its membership in the San Gabriel Valley
Employment Relations Consortium.
MAYOR'S/COUNCILMEMBER REPORTS
Councilmember Herfert
Reconsideration of Councilmember Roger Hernandez' Use of
H-1 City Council Offices
Use of Council Offices Councilmember Herfert clarified that his request is to reconsider
providing office space for exclusive use by any City
Councilmembers, not just Councilmember Hernandez.
Motion Motion by Herfert and seconded by Touhey to reconsider vote
allowing office space for exclusive use by any City
Councilmembers.
In response to inquiry by Councilmember Hernandez, City
Attorney Alvarez-Glasman stated that under Roberts Rules of
Order a motion for reconsideration may only be made by a
member who voted on the prevailing side of a motion.
Following discussion regarding the reconsideration of an
item under Roberts Rules of Order, the municipal code and the
Council's Standing Rules and Councilmember Hernandez's
reasons for use of a private office, Mayor Touhey called for a vote
on the motion.
Action on motion Motion carried 3-1 for reconsideration of previous vote.
(Hernandez no).
Motion Motion by Herfert and seconded by Sanderson to deny any specific
area, as office space for exclusive use by any city council member
on a permanent basis.
Following lengthy discussion, Councilmember Sanderson
called for the question. Motion carried 3-1
(Hernandez no)
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City Council Minutes of May 1, 2007
Councilmember Steve Herfert
Councilmember Herfert Request to Discuss Memorandum
Outlining Councilmember Hernandez' Inappropriate Use of
H-2 City Staff
Inappropriate Use of Staff Councilmember Herfert stated that the City Council received a
memo from the City Manager, which stated that a video played at a
• previous Council meeting during oral communications was
produced by city staff at the direction of Councilmember
Hernandez. Due to the fact that Councilmembers are not allowed
to use City staff for personal use or for their campaigns a motion
Motion was made by Herfert and seconded by Sanderson to send this
report to the District Attorney to evaluate whether any laws have
been broken.
Councilmember Hernandez asked for clarification, stating that
providing residents with video excerpt of council meetings was
due to a public records request. Councilmember Hernandez
supported Councilmember Herfert's motion in order for the
District Attorney to prove that Councilmember Hernandez made
no illegal actions.
Council engaged in discussion regarding the request of public
records and the use of public funds for political purposes.
Action Mayor Touhey called for a vote. Motion carried by 4 — 0.
Councilmember Herfert left the dais at 12:20 p.m.
Councilmember Roger Hernandez
Request from Councilmember Roger Hernandez Seeking the
City Council's Consensus to Instruct City Staff to Prepare a
H-3 Report to Reconsider the Graffiti Abatement Contract
Reconsider Graffiti Contract Councilmember Hernandez requested that the City Council
reconsider the Graffiti Abatement Contract. Councilmember
Hernandez supported the former graffiti abatement contractor.
Councilmember Herfert returned to the dais at 12:30 a.m.
Council engaged in lengthy discussion and debate on issues not
pertaining to the agenda item.
Motion Motion by Herfert and seconded by Sanderson to receive
and file the staff report.
Motion carried 3-1 (Hernandez no.)
Councilmember Roger Hernandez
Request from Councilmember Roger Hernandez Seeking the
City Council's Consensus to Reconsider the Mayor Succession
H-4 Order
Order of Mayor Succession Councilmember Hernandez made several comments regarding his
being passed over for the position of Mayor and Mayor Pro Tem
due to pending investigation and asked Council if they would keep
their word to reconsider his placement in the succession order due
to closure of the investigative case.
Councilmembers Touhey, Sanderson, and Herfert
elaborated on reasons not to support Councilmember Hernandez in
the position of Mayor.
Motion Motion by Herfert and seconded by Sanderson to receive and file
the report. Motion carried by 3 — 1 (Hernandez no).
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City Council Minutes of May 1, 2007
•
•
Councilmember Roger Hernandez
Request from Councilmember Roger Hernandez Requesting
H-5 City Staff to Provide an Update on Various City Projects
Update on City Projects Councilmember Hernandez stated his request for updates and
status on various projects was at the request of several residents.
Councilmember Hernandez would like a presentation for the public
to include timelines and completion dates of the amenities at the
commercial development at the BKK site and a listing of
prospective tenants; update on the development of the lower
plateau at Shadow Oak Park, including timelines and goals; and
brief update on the median improvements and projected
completion.
City Manager stated the current report included the latest
information that was available but would agendize for future
agenda additional information if directed.
No motion for further direction given.
AB 1234 CONFERENCE AND MEETING REPORTS
Mayor Touhey provided a brief report regarding the Sacramento
Lobby Trip.
COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS
Mayor Michael Touhey
Request from Mayor Michael Touhey Seeking the City
Council's Consensus to Instruct City Staff to Prepare a Report
I-1 to Develop a Blue Star Street Banner Program
Blue Star Banner Program Motion by Touhey and seconded by Herfert to bring a report to the
next council meeting for discussion of a Blue Star Street Banner
Program.
Motion carried 4-0.
Mayor Michael Touhey
Request from Mayor Michael Touhey Seeking the City
Council's Consensus to Instruct City Staff to Prepare a Report
Requesting the City Council Surrender their City Council
I-2 Debit Cards
Council Debit Cards Mayor Touhey clarified reported expenditures from
councilmembers allowance accounts as were reported in the
Tribune pointing out that the Tribune incorrectly read bank
statements.
Lengthy discussion ensued regarding expenditures and use
of debit cards.
Councilmember Herfert left the meeting at 1:00 a.m.
Motion Motion by Sanderson and seconded by Touhey to require
councilmembers to surrender their debit cards and have staff
handle expenditures and reimburse council for expenses.
Councilmember Hernandez requested, that if the spirit of
the motion is accountability, that consideration be given to an
ordinance that would prohibit councilmembers from voting on any
item that would benefit financially any councilmember or
companies that they work for or represent.
Action Motion carried by 3- 0.
14
City Council Minutes of May 1, 2007
1-3
Vegetation to Deter Graffiti
C7
Councilmember Shelley Sanderson
Request from Councilmember Shelley Sanderson Seeking the
City Council's Consensus to Instruct City Staff to Prepare a
Report to Develop Landscape Plan to Include Vegetation to
Deter Graffiti
Motion by Sanderson and seconded by Touhey to bring back
details of a plan which includes vegetation to deter graffiti.
Motion carried 3-0.
COUNCILMEMBER COMMENTS
Councilmember Hernandez requested to agendize, for
consideration of an ordinance which would prohibit any
councilmember or the City Council from voting on any items that
would financially benefit any councilmember or the company that
they work for, ordinances that the City of Los Angeles and
Anaheim have that have these restrictions.
ADJOURNMENT Motion by Sanderson and seconded by Hernandez to adjourn the
meeting at 1:17 a.m.
Submitted by:
ssistant City erk Susan Rush
•
qjz=j,��
M40r Michael Touhey
15