05-15-2007 - Regular Meeting - MinutesMINUTES
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 1:11 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 -'
venue- 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, 1.A.FF.,
Local 3226; W.C. Firefighters' Management Association.
Conference with Labor Negotiators — City Manager.
City Council Minutes of May 15, 2007
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•
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 371h 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;
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City Council Minutes of May 15, 2007
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
• Charles T. Woods vs. City of West Covina
• Edward Lung vs. City of West Covina
• Courtney A. and Slater S. Benshoof vs. City of West Covina
• Timothy Hunter vs. City of West Covina
• Bryan Andrade/Coast National Insurance vs. City of West
Covina
• James Andrew Haro vs. City of West Covina
• David Chi/Mercury Insurance vs. City of West Covina
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
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City Council Minutes of May 15, 2007
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 n Jules_
Reschedule Council Meetings Recommendation is that the City Council consider the following:
• Reschedule the July 3, 2007 City Council Meeting to July 5,
2007 due to the 41h of July Holiday; and
• Cancel the July 17, 2007 and August 21, 2007 City Council
meeting due to anticipated lack of quorum.
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:
1. Fireworks display at the West Covina High School graduation
ceremony to be held on June 19, 2007.
2. Fireworks display at the Faith Community Church to be held
on July 4, 2007.
3. Fireworks display for the City of West Covina Independence
Day Celebration to be held on July 4, 2007 at Edgewood
Middle School.
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
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City Council Minutes of May 15, 2007
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 staffs
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)
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City Council Minutes of May 15, 2007
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.
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City Council Minutes of May 15, 2007
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 45,
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.
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City Council Minutes of May 15, 2007
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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:
I (I �, A a n�_Z_
Ma or Michael Touhey
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