09-18-2007 - Regular Meeting - Minutes•
MINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
September 18, 2007
Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:16 p.m in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Pastor Jim Hahn
Good News Chapel
PLEDGE OF ALLEGIANCE Councilmember Herfert
ROLL CALL Mayor Toubey, Mayor Pro Tem Lane,
Councilmembers Herfert, Hernandez, Sanderson (arrived at 7:35
P.M-)
Others present: Pasmant, Alvarez-Glasman, Fields, Freeland, Elliott, Samaniego,
Wills, Rush
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
All members were present with the exception of
Councilmembers Hernandez and Sanderson and prior to convening
into closed session, the following item on the City Council agenda
was announced for inclusion in the closed session discussion.
Items on the City Agenda:
Conference with Labor Negotiators — Employee
Organizations: W.C. Police Officers' Association, W.C.
Firefighters' Association — The Council received a briefing from
the City's negotiator and unanimous direction was provided.
There was no final action taken and nothing further to report.
CHANGES TO THE AGENDA None.
PRESENTATIONS Blue Star Video was aired.
Mayor Touhey, assisted by Police Chief Frank Wills, recognized
the West Covina Police Explorer Post 499 who recently competed
in the 2007 "X-Games" Explorer competition and placed 1"
overall.
Mayor Touhey called forward Frank Scalfaro, President & CEO of
the West Covina Rose Float Foundation, who unveiled the City of
West Covina's 2008 entry into the Pasadena Tournament of Roses
Parade.
ANNOUNCEMENTS None
ORAL COMMUNICATIONS
Lloyd Johnson Lloyd Johnson, West Covina resident, spoke in support of the City
Attorney and asked council to not support "Reconsideration of
City Attorney's Contract" and "Instituting Limits for City Attorney
Billings'; requested the city to not allow the selling of puppy mill
dogs in the city and addressed comments made between himself
and another resident.
City Council Minutes of September 18, 2007
Royall Brown Royall Brown, West Covina resident, addressed conflict of interest
forms required to be filed by certain officials and a former
Planning Commissioner's investigation by the District Attorney's
office.
Herb Redholtz Herb Redholtz, West Covina resident, spoke in opposition to
"Reconsideration of City Attorney's Contract" and "Instituting
Limits for City Attorney Billings".
Shirley Buchanan Shirley Buchanan, West Covina resident, addressed the follow-up
she received regarding her requests at a previous meeting for more
police presence on California Avenue for traffic control and
requested the American flag be flown along Glendora Avenue
during the 41h of July.
Joanne Wilner Joanne Wilner, West Covina resident, announced that she is
working towards a candidate's forum for the upcoming November
election, which will be sponsored by the League of California
Women's Voters.
Bruce Leinbach Bruce Leinbach, West Covina resident, made several comments
regarding the recent initiative petition that was circulated in the
City, which was proposing council districts.
CONSENT CALENDAR
D-1 City Council Meeting Minutes (receive & file)
• Regular Meeting of March 20, 2007
• Special Meeting of April 3, 2007
• Regular Meeting of April 3, 2007
• Special Meeting of April 16, 2007
• Special Meeting of April 18, 2007
D-2 Commission Summary of Actions (receive & file)
Commission Summary of Actions a) Community Services 06/12/07
b) Human Resources 06/13/07 & 07/11/07
c) Senior Citizens 07/12/07
d) Planning Commission 09/11/07
Ordinances for Adoption
D-3a Ordinance for Adoption — Approving Zone Change No. 06-01
Recommendation is that the City Council adopt the following
ordinance.
Ordinance No. 2163 ORDINANCE NO. 2163 — AN ORDINANCE OF THE CITY
Lark Ellen/Garvey Ave. COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
Two-story development APPROVING ZONE CHANGE NO. 06-01
Ordinance for Adoption
Code Amendment No. —7-03
D-3b Trash Enclosure Requirements for Nonresidential Use
Recommendation is that the City Council adopt the following
ordinance:
Ordinance No. 2164 ORDINANCE NO. 2164 — AN ORDINANCE OF THE CITY
Trash Enclosures COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ADDING ARTICLE III OF CHAPTER 12 ESTABLISHING
TRASH ENCLOSURE DISTRICTS (CODE AMENDMENT NO.
07-03)
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City Council Minutes of September 18, 2007
Award of Bid
D-4a Purchase of Police Vehicles
Police Vehicles Recommendation is the City Council authorize the purchase of
nine (9) Police Patrol Ford Interceptors, two (2) solid white Ford
Interceptors, and two (2) unmarked Ford Interceptors for a total of
13 police vehicles with Extended Service Plans (ESP) from the
lowest responsible bidder, Clippinger Ford, for a total cost of •
$318,583.50 that includes sales tax.
Approval of Final Map
Approval of Final Map for Parcel Map No. 63217
Location: 2922 East Cortez Street
D-5a Subdivider: Mitchell Fuerst
2922 East Cortez Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2007-70 RESOLUTION NO. 2007-70 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING FINAL MAP OF PARCEL MAP NO. 63217 AND
DIRECTING THE RECORDATION THEREOF (MITCHELL
FUERST)
Miscellaneous — Communications Department
D-6a Emergency Purchase of Uninterruptible Power System
Purchase of UPS Recommendation is to receive and file
Miscellaneous — Human Resources
D-6b Approval of Physical Requirement for Class Specifications
Class Specs Recommendation is to adopt the following resolution:
Resolution No. 2007-71 RESOLUTION NO. 2007-71 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ADDING THE PHYSICAL PROFILE, AS OUTLINED BELOW,
TO THOSE JOB CLASS SPECIFICATIONS THAT REQUIRE
EXTENSIVE WRITING AND/OR COMPUTER SKILLS
Miscellaneous — Police Department
Private Grant (Kaiser Permanente) for Police Victim Advocate
D-6c Services
Kaiser Grant Recommendation is that City Council appropriate the Kaiser
Permanente grant as follows:
• $3,500 into 221.31.3110.5113 (Victim Advocate overtime)
• $1,500 into 221.31.3110.6220 (outreach supplies)
Miscellaneous — Public Works
Extension of Contracts for Janitorial Service and Bus Shelter
D-6d Maintenance
Janitorial/Bus Shelter maint. Recommendation is to:
I. Approve a five-year extension of the Valley Light Industries
contract for janitorial services including a 10% increase effective
October 1, 2007 and annual CPI adjustments commencing July
1, 2008, with an option to renew annually during an additional
five-year period.
2. Approve a five-year extension of the Valley Light Industries
contract amount for the cleaning of 81 City -owned bus shelters
including a 10% increase effective October 1, 2007 and annual
CPI adjustments commencing July 1, 2008.
Acceptance of Proposal to Provide Temporary Building Inspection
D-6e Services
Temp Bldg. Inspector Recommendation is that City Council authorize the Public Works
Director/City Engineer and City Clerk to execute an agreement
with Shams Engineering Group, Inc. to provide the Building
Division with the services of one full-time Building Inspector as
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City Council Minutes of September 18, 2007
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I
temporary staff to accommodate increased levels of public and
private construction projects.
Miscellaneous — Risk Management
D-617 Workers' Compensation Claims Administration Contract
It is recommended that the City Council approve an amendment to
the existing Workers' Compensation Service Agreement between the
City of West Covina and CorVel Enterprise Comp, Inc., which
would extend the City's current service rate for one additional year,
beginning January 1, 2008 and ending December 31, 2008, pursuant
to the terms and conditions set forth in the amendment.
AB1234 Conference and Meeting Report
D-7 Conference and Meeting Report — League of California Cities
AB1234 Recommendation is that the City Council receive and file the
report.
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Lane to waive further reading
of the resolutions/ordinances and adopt, and approve all items.
Motion carried by the following roll call vote.
AYES: Herfert, Hernandez, Lane, Sanderson, Touhey
NOES: None
ABSTAIN: None
PUBLIC HEARINGS
Public Hearing
Zone Change No. 07-01
Categorical Exemption
Applicant: Gary Lawson, West Covina Chamber of Commerce
E-1 Location: 1035 West Covina Parkway
Zone Change No. 07-01 Mayor Touhey announced the public hearing matter and Assistant
City Clerk Rush verified that proper legal notice bad been given.
Mayor Touhey proceeded to open the hearing and Planning
Director Mclsaac presented the staff report.
Public Testimony Mayor Touhey proceeded to open the public testimony portion of
the hearing and asked for public comments. With no public
comments, the public testimony portion of the hearing was closed.
Council Discussion
No discussion
Assistant City Clerk Rush presented:
Ordinance Introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE
NO. 07-01.
Motion Motion by Herfert and seconded by Lane to waive further reading
of the ordinance, read by title only, and introduce. Motion carried
by the following roll call vote:
AYES: Herfert, Hernandez, Lane, Sanderson, Touhey
NOES: None
ABSENT: None
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City Council Minutes of September 18, 2007
MAYOR'S/COUNCILMEMBERS REPORTS
Councilmember Hernandez
H-1 Reconsideration of City Attorney's Contract
Councilmember Hernandez requested reconsideration of this item
due to new information he has received.
City Attorney Alvarez-Glasman stated that any discussion
regarding his contract or performance is not appropriate discussion
for open session and needs to be conducted in closed session.
Discussion ensued as to types of discussion that can be held open
and closed session under the Brown Act. Councilmember
Hernandez stated his item is for reconsideration of a contract but
would share his information at a subsequent closed session
meeting.
Motion Motion by Sanderson to receive and file.
Mayor Touhey and Mayor Pro Tern Lane recused themselves from
further discussion since they were not on the City Council at the
time the City Attorney's contract was approved and left the dais.
Councilmember Hernandez took over as chairperson.
Substitute motion Substitute motion offered by Councilmember Hernandez to take
this item into a closed session discussion.
Action Councilmember Herfert offered a second to Councilmember
Sanderson's motion to receive and file. Motion carried 2-1
(Hernandez no).
Councilmember Hernandez requested this item be brought back at
the next council meeting as a closed session item.
Mayor Touhey and Mayor Pro Tern Lane returned to the dais.
AB 1234 CONFERENCE AND MEETING REPORT
Councilmember Hernandez provided a brief overview of League of
California Cities Annual Conference he recently attended along
with staff.
COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS
Councilmember Hernandez
Request from Councilmember Roger Hernandez Requesting
the City Council Consider Instituting Limits for City Attorney
I-1 Monthly Billings
City Attorney Billings Motion by Hernandez to have staff return with options on how we
can implement similar limitation as to what we pay for our legal
fees as other cities such as Rosemead, possibly by ordinance,
contract or a salaried in-house attorney.
Motion by Sanderson to receive and file.
Councilmember Hernandez stated it is Council's responsibility to
provide the best service at the best price and requested a study on
how to provide better services.
Councilmember Herfert suggested waiting until the budget process
next year to consider options.
Councilmember Herfert offered a second to
Councilmember Sanderson's motion to receive and file.
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City Council Minutes of September 18, 2007
Comments were made by Councilmembers regarding the current
review of legal invoices and issues that surround limiting the
amount spent on legal bills.
Councilmember Hernandez reiterated his motion to bring back
options available as used in other cities in the attempt to reduce the
city attorney fees.
Action Mayor Touhey asks for action to be taken on motion to receive and
file. Motion carried 4-1 (Hernandez no).
COUNCILMEMBER COMMENTS
Councilmember Hernandez Councilmember Hernandez brought forth his concerns of
information required of Senior Citizens in order for them to qualify
for discount on their trash rates. City Manager responded that the
discount program is income based.
ADJOURNMENT
by:
Assistant City (leik:Susan Rush
Motion by Touhey and seconded by Hernandez to adjourn the
meeting at 8:50 p.m. in memory of the following:
Chris Christensen, former Covina Mayor
Dan Martin, former West Covina Police Officer
Ken Dunn, West Covina resident
Kathleen W., West Covina resident
Bernice Gomez, long time West Covina resident
Mrs. Ella Touhey, mother of Mayor Touhey
Mayor Michael Touhey