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11-20-2012 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL November 20, 2012 Mayor Touhey called to order the regular meeting of the West Covina City Council at 7:03 p.m. in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Andrew Pasmant City Manager PLEDGE OF ALLEGIANCE Councilmember Herfert ROLL CALL Mayor Touhey, Mayor Pro Tem Sanderson Councilmembers Herfert, Sotelo, Sykes REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported the following: Prior to convening into closed session, all items on the City Council and Successor Agency special meeting agendas were announced for inclusion in the closed session discussion; all members of the Council/Board were present. CITY COUNCIL Conference with Labor Negotiators — Employee Organizations: Confidential Employees, Maintenance & Craft. Employees, Non -Sworn Safety Support Employees, General Employees, Mid -Management Employees, Miscellaneous Unrepresented Management Employees: Assistant City Clerk, Assistant City Manager, Community Development Dir., Community Services Dir., Deputy City Manager, Finance Director, Fire Chief, Dir. Human Resources, Planning Director, Police Chief, Public Works Dir/City Engineer, Dir. Risk Management — A report was presented on the matter with no final action taken and nothing further to report. Public Employment — City Manager — This matter was not discussed; however, the City Council reserves the right to recess back into Closed Session, if necessary. CITY COUNCIL/SUCCESSOR - Conference with Legal Counsel — Existing Litigation - City AGENCY of West Covina and City of West Covina Community Development Commission v. Hassen Imports Partnership, et al and related cross complaints and cases — A briefing was provided by Legal Counsel with no action taken and nothing further to report. CHANGES TO THE AGENDA City Manager Pasmant requested that Item #10 — Resolution of Intention to Amend the Contract Between CaIPERS and the City of West Covina; First Reading of Ordinance to Amend the Retirement Benefit for Local Police Members Entering Membership in the Police Classification to 3% @ 55 — be removed from the consent calendar and placed under Departmental Regular Matters. City Council concurred. PRESENTATIONS Mayor Touhey called forward Joe Calderon, National Little League Brewers, to assist in awarding Certificates of Recognition to the 2012 Minor Division Champs of the National Little League. Mayor Touhey called forward Bobby Cortez, Manager of the American Little League Dodgers to assist in awarding certificates of Recognition to the 2012 Minor Division District 19 Champs. Mayor Touhey called forward Kurt Lippert, Manager of the American Little League Padres to assist in awarding Certificates of City Council Minutes of November 20, 2012 Recognition to the 2012 Major Division City & District 19 Champions. ORAL COMMUNICATIONS Cookie Nance Cookie Nance, West Covina resident, thanked Mayor Touhey for serving as the Mayor and thanked the Council for the City's Dog Park. Carolyn Arndt Carolyn Arndt, West Covina resident, provided an update on recent actions regarding the Injunction filed regarding the Civic Center/Library Development; thanked Council for the Veterans' Day Event. Herb Redholtz Herb Redholtz, West Covina resident, congratulated Mike Touhey and thanked him for his service to the. City; spoke in favor of an extension to the Graffiti Contract; requested an update on the status of litigation between Hassen Imports and City of West Covina; expressed his interest in the Planning Commission vacancy requesting Council's consideration for the position. Phillip Moreno Phillip Moreno, West Covina resident, addressed competitive bidding and the current agenda item to extend the current graffiti contract without going through the bidding process. Lloyd Johnson Lloyd Johnson, West Covina resident, thanked Mayor Touhey, Councilmembers Herfert, Sotelo and Sykes, for their support of the Veterans and the events to honor them; supported the proposed extension of the City's current Graffiti contract. Crystal Hernandez Crystal Hernandez, West Covina resident, thanked the City Council for the amenities at Del Norte Park Macy Tran Macy Tran, owner of Bath & Furry Works Pet Salon, thanked the City Council for the dog park at Del Norte Park, and suggested a bill board at the park to announce events. Vincent Wong Vincent Wong, West Covina resident, expressed concern with increased vandalism in the Shadow Oak area, which included damage to his car, requesting City assistance. Boris Duarte Boris Duarte, West Covina resident, addressed the upcoming vacant Council seat stating that the recent vacancies have not been filled by an independent, requesting the Council appoint an independent thinker; addressed the recent contract extension with Athens Services and the proposed Graffiti Contract extension: Dave Siffel Dave Siffel, West Covina Police Officers' Association president, addressed contract negotiations with the City and concerns with misinformation during those negotiations. Jerry Curcio Jerry Curcio, West Covina resident, thanked Mayor Touhey for his service to the City; spoke in support of the Graffiti Contract extension praising the work of the contractor. CONSENT CALENDAR Approval of Meeting Minutes (receive & file) 1) Special City Council Meeting Minutes of August 21, 2012 Minutes Regular City Council Meeting Minutes of August 21, 2012 Regular City Council Meeting Minutes of September 4, 2012 0 City Council Minutes of November 20, 2012 Commission Summary of Actions (receive & file) 2) Summary of Actions Planning Commission — October 23, 2012 and November 13, 2012 Claims Against the City 3) Government Tort Claim Denials (deny & notify claimant) Claims Recommendation is that the City Council deny the following Government Tort Claims and the claimants and/or their respective attorneys be so notified. • Jesus Fernando Quinonez vs. City of West Covina • Irma A.. Franco -Taylor vs. City of West Covina • Infinity Insurance Company/Lizeth Venus vs. City of West Covina Ordinances for Adoption 4) Registration, maintenance and Security of Properties in Foreclosure Properties Ordinance Foreclosure Recommendation is that the City Council adopt the following ordinance: Ordinance No. 2238 ORDINANCE NO. 2238 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 15 OF THE WEST COVINA MUNICIPAL CODE TO REQUIRE REGISTRATION, MAINTENANCE AND SECURITY OF PROPERTIES IN FORECLOSURE Traffic Committee Meeting Minutes (accept & file) 5) Traffic Committee Meeting Minutes of October 16, 2012 Traffic Committee Recommendation is that the City Council accept and file the Traffic Committee Minutes of October 16, 2012: I. Request: City Initiated That the restriping of Garvey Avenue North between the I-10 . westbound off -ramp and Garvey Avenue North be reviewed. Traffic Committee Recommendation: That Garvey Avenue North between the I-10 westbound off -ramp and Garvey Avenue North be restriped to include an additional northbound travel lane. II. Request: City Initiated That the installation of a stop sign on southbound Glendora Avenue right turn lane at Vincent Avenue be reviewed. Traffic Committee Recommendation: That a stop sign be installed on southbound Glendora Avenue right turn lane at Vincent Avenue. III. Request: Lilia Gonzalez -Gomez, Monte Vista Elementary School Principal That the installation of no left turn and right turn only signs at Monte Vista Elementary School be reviewed. Traffic Committee Recommendation: That a not left turn (R3-2) sign be installed on eastbound Eldred Avenue on an existing street light pole in front of 1640 West Eldred Avenue. That a right turn only (R3-5R) sign be installed at the exit of the westerly parking lot. 9 City Council Minutes of November 20, 2012 �t1. IV. Request: City Initiated That no parking on street sweeping days be implemented on the west side of Orange Avenue from Pacific Lane to Garvey Avenue North adjacent to the Pacific Village condominiums every Tuesday of each month from 7:00 a.m. to 3:30 p.m. Traffic Committee Recommendation: That no parking on street sweeping days be implemented on the west side of Orange Avenue from Pacific Lane to Garvey Avenue North adjacent to the Pacific Village Condominiums every Tuesday of each month from 7:00 a.m. to 3:30 p.m. City Manager's Office Appointment of City Council/City Staff Representative to San 6) Gabriel Valley Mosquito & Vector Control District Board of Trustees SGV Moi/Vector Control Recommendation is that the City Council re -appoint Mayor Pro Representative ve Tern Shelley Sanderson to the San Gabriel Valley Mosquito & Vector Control District Board of Trustees to a two-year term. Finance Department 7) 2011-12 and 2012-13 Fiscal Years Budget_ Update Budget Update Recommendation is that the City Council: 1: Receive and file the budget update. 2. Appropriate $17,000 of Asset Forfeiture funds for replacement of the Police Department phone system. 3. Appropriate $8,000 from the Sewer Fund reserves and $8,000 from the Gas Tax Fund reserves for replacement of the Maintenance Yard phone system. Fire Department 8) United States Department of Homeland Security Grant Funds for Homeland Security Grant Funds Terrorism Liaison Officer Training Recommendation is that the City Council take the following actions: 1. Accept United States Department of Homeland Security, 2011 Homeland Security Grant Program funding for Fire .Department Terrorism Liaison.Officer (TLO) training. 2. Appropriate $7,616.00 to Account No. 227.32.3212.5113 (Personnel), and .$1,080 to Account No. 227.32.3212.6050 (Allowances). 9) Human Resources Department Public Safety PERS Medical Change in PERS Medical Contract Health Contribution for the Contribution Police Management Association, Police Officers' Association, Fire Management Association and Firefighters' Association Recommendation is that the City Council adopt the following resolution to implement the change in the Safety medical benefits to comply with the California Public Employees' Retirement System Public Employees' Medical and Hospital Care Act in accordance with their corresponding Memoranda of Understanding. Resolution No. 2012-82 RESOLUTION NO. 2012-82 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND ADOPTING BENEFIT REVISIONS RELATING TO EMPLOYEES REPRESENTED BY THE WEST COVINA POLICE MANAGEMENT ASSOCIATION, EMPLOYEES REPRESENTED BY THE WEST COVINA POLICE OFFICERS' ASSOCIATION, EMPLOYEES M City Council Minutes of November 20, 2012 REPRESENTED 'r- BY THE WEST COVINA FIRE MANAGEMENT ASSOCIATION, AND EMPLOYEES REPRESENTED BY THE WEST COVINA FIREFIGHTERS' ASSOCIATION, I.A.F.F., LOCAL 3226 The following item was moved . from the Consent Calendar to the end of Departmental Regular Matters 10) Resolution of Intention to Amend the Contract Between CaIPERS Local Police Members' Retirement and the City of West Covina; First Reading of Ordinance to Amend the Retirement Benefit for Local Police Members Entering Membership in the Police Classification to 3% a, 55. Recommendation is that the City Council: 1. Adopt Resolution of Intention to approve an amendment to contract between the Board of Administration of the California Public Employees' Retirement System (CaIPERS) and the West Covina City Council, and; 2. Authorize the City Clerk to execute required CaIPERS certifications and documents for local police members entering membership for the first time in the police classification (Safety), amending the retirement benefit to 3% @ 55. • Form CON-12, Certification of the Governing Body's Action • Form CON-12A, Certification of Compliance with Government code Section 7507 • Form CON-30, Certification of Compliance with Government Code Section 20475 Public Works Department 11) Extension of Contracts for Janitorial Services and Bus Shelter Bus Shelter Maintenance Maintenance Recommendation is that the City Council: 1. Approve a three-year contract extension with Valley Light Industries for Janitorial services with an option of two additional one-year extensions. The extension includes an increase in annual contract amount from $85,925.28 to $88,503.04 effective January 1, 2013, annual CPI adjustments, and an increase if State minimum wage is increased. 2. Approve a three-year contract extension with Valley Light Industries, for the cleaning of 88 City -owned bus shelters and 14 "Big Belly" solar trash compactors once a week, with an option of two additional one-year extensions. The contract amount includes an increase from $10.24 to $10.65 per shelter, for a total contract price of $44,985.60 annually effective January 1, 2013, annual CPI adjustments, and an increase if State minimum wage is increased. 12) City of West Covina Revised Energy Action Plan Energy Action Plan Recommendation is that the City Council receive and file the revised City of West Covina Energy Action Plan. Police Department 13) Graffiti Removal Service Contract Graffiti Removal Contract Recommendation is that the City Council: 1. Accept the proposed contract extension and amendment submitted by Tymeline Technology, for comprehensive graffiti removal services, for an additional five years (through September 1, 2012); 2. Authorize the City Manager to execute a contract amendment with the terms presented in the staff report. 5 City Council Minutes of November 20, 2012 CONSENT CALENDAR ACTION Councilmember Sykes requested that Item #13 — Graffiti Removal Service Contract — be removed from the Consent Calendar for separate consideration and Councilmember Sotelo requested that Item #4 — Registration, Maintenance and Security of Properties in Foreclosure — be removed for separate consideration; Mayor Touhey announced that Item # 10 — Local Police Members' Retirement has been moved from the Consent Calendar back under Departmental Regular Matters. Motion Motion by Sanderson and seconded by Herfert to approve all items listed on the Consent Calendar except Item #13 — Graffiti Removal Service Contract; Item #4 — Registration, Maintenance and Security of Properties in Foreclosure; and Item #10 — Local Police Members' Retirement (moved to the end of Departmental Regular Matters). Motion carried by 5 — 0. Item 4 Registration, Maintenance and Security of Properties in Foreclosure Councilmember Sotelo inquired why the fee was not included in the ordinance. City Attorney Alvarez-Glasman explained that City fees are adopted and amended separately by resolution. Motion Motion by Sanderson and seconded by Herfert to adopt the following ordinance. Motion carried by 5- 0. Ordinance No. 2238 ORDINANCE NO. 2238 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 15 OF THE WEST COVINA MUNICIPAL . CODE TO REQUIRE REGISTRATION, MAINTENANCE AND SECURITY OF PROPERTIES IN FORECLOSURE Item 13 Graffiti Removal Service Contract Councilmember Sykes expressed concerns with a possible conflict of interest with a worker of the graffiti contractor being a City commissioner which gives the appearance of bias. Sykes had questions relating the length of graffiti contract terms in the past and inquired of Police Chief Wills who responded to his question. Sykes also expressed concerns with graffiti on Edison light poles. Councilmembers offered comments regarding these concerns. Motion Motion by Sanderson and seconded by Herfert to approve the agreement amendment as proposed by Tymeline for an additional 5 years through September 1, 2019 Motion carried by 5 — 0. PUBLIC HEARINGS Public Hearing General Plan Amendment No. 08-02 Code Amendment No 12=01 Zone Change No. 12-02 14) Housing Element Update (2008-2014) General Plan Amendment Negative Declaration of Environmental Impact Mayor Touhey announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Touhey proceeded to open the hearing. Planning Director Jeff Anderson briefly explained that the presentation would include a draft Housing Element Update, draft Provisions to the Land Use rel City Council Minutes of November 20, 2012 Eleiient of the General Plan, and revisions to the General Plan Map. Secondly, the Code Amendment to the Municipal Code will include an element to allow Emergency Shelters for the Homeless, Efficiency Units, and a Mixed Use Overlay Zone. The Zone Change will add the Mixed Use Overlay Zone to the Central Business District. He then introduced Alexa Washburn, the Housing Consultant, who covered the process of updating the Housing Element and detail elements that include the Regional Housing Needs Assessment (RHNA) and strategies to meet RHNA, and key programs in the Housing Plan. The Housing Element sets policies and goals related to housing and are a blueprint for guiding the physical development of the City. She stated that the Housing Element is one of seven State -mandated elements of the General Plan that identifies housing needs for all income groups and emphasized the importance to the City of having an updated, certified Housing Element, especially for obtaining funding. Planning Director Jeff Anderson reported on the General Plan Land Use Element revisions and the General Plan Map revisions, and the Code Amendments and the Zone changes. Anderson went into the details that redefined land use elements and designations and stated these include requirements for review by Planning and the Police Department. Public testimony Mayor Touhey proceeded, to open the public comment portion of the hearing and called for comments in support or in opposition of the Housing Element update. Phillip Moreno, West Covina resident, inquired about the impact the zone change would have on schools and providing sufficient police officers for security and asked that the Police Department and the School District provide information. Irene Fleck, West Covina resident, expressed concerns with the provision that owners may install a second dwelling on their property and that the language in the Housing Element encourages this activity with incentives. Close testimony There being no one else wishing to address Council, Mayor Touhey proceeded to close the public testimony portion of the hearing Council discussion Councilmembers discussed the changes to the Housing Element and the impact on the City's housing layout. Motion Motion by Herfert and seconded by Sanderson to adopt the following resolutions. Assistant City Clerk Rush presented the following resolutions: Resolution No. 2012-83 RESOLUTION NO. 2012-83 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO. 08-02, CODE AMENDMENT NO. 12-01 AND ZONE CHANGE NO. 12-02 PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED Resolution No. 2012-84 RESOLUTION NO. 2012-84 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 08-02 Motion carried by 5 — 0. 7 City Council Minutes of November. 20, 2012 ;. Motion Motion by Herfeft and seconded by Sanderson to introduce the following ordinances. Assistant City Clerk Rush presented: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO EMERGENCY SHELTER STANDARDS SUPPORTIVE HOUSING STANDARDS AND MIXED USE OVERLAY STANDARDS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 12-02 Motion to introduce ordinances carried by 5 — 0. Councilmember Herfert and Councilmember Sykes left the dais. Public Hearing 15) Fee and Charge Fee and Charge Mayor Touhey announced the hearing matter and Assistant City Clerk Rush verified that proper legal notice had been given. Mayor Touhey proceeded to open the hearing and Finance Director Thomas Bachman provided a brief summary reporting an update on City fees and highlighted specific changes. Public testimony Mayor Touhey opened the public testimony portion of the hearing and called for public comments. Close testimony There being no one wishing to address Council, Mayor Touhey proceeded to close the public testimony portion of the hearing. Councilmember Herfert returned to the dais. Motion Motion by Herfert and seconded by Sotelo to adopt the following resolution: Resolution No. 2012-85 RESOLUTION NO. 2012-85 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING AND INCREASING CERTAIN FEES Motion carried by 4 — 0- 1 (Sykes — absent). Councilmember Sykes returned to the dais. DEPARTMENTAL REGULAR MATTERS City Manager's Office 16) Appointment of Planning Commissioner Appointment of Planning Deputy City Manager Chris Freeland briefly reported that .a Commissioner vacancy had occurred on the Planning Commission due to the resignation of Rudy Valles. The names of those who submitted applications were presented. Motion Motion by Herfert and seconded by Sanderson to nominate Paul Blackburn to serve the remaining three-year term on the Planning Commission that expires on March 31, 2013. Mayor Touhey then opened the floor to other nominations. There being no one wishing to make another nomination, Mayor Touhey closed the floor to nominations. 8 City Council Minutes of November 20, 2012 ..,,�.�.., Assistant City Clerk Rush presented: Resolution No. 2012-86 RESOLUTION NO. 2612-86 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING PAUL BLACKBURN TO THE WEST COVINA PLANNING COMMISSION Motion carried by 4 — 0 — 1 (Sykes — No). 17) Finance Department Amendment to Supplemental Amendment of the Supplemental Retirement Plan for City Council Retirement Plan and Executive Employees Assistant City Manager provided a brief report outlining the amendment provisions stating it will extend the Supplemental Retirement Plan provided to the City Council and Executive Employees adopted in 2007 to include the City Manager who was excluded when it was adopted. The amendment will provide the City Manager with the same supplemental retirement benefit that is currently provided to Department Heads. This is the only change caused by this amendment with no other changes to benefits to Department Heads or City Council. Motion Motion by Herfert and seconded by Sanderson to adopt the following resolution: Resolution No. 2012-87 RESOLUTION NO. 2012-87 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE AMENDMENT OF THE PUBLIC AGENCY RETIREMENT SYSTEM (PARS) SUPPLEMENTAL RETIREMENT PLAN FOR CITY COUNCIL AND EXECUTIVE EMPLOYEES Motion carried by 5 — 0. The , following item was moved from the Consent Calendar under Changes to the Agenda Resolution of Intention to Amend the Contract Between CaIPERS 18) (Previously 410) and the City of West Covina; First Reading of Ordinance to Amendment to Retirement Benefits Amend the Retirement Benefit for Local Police Members Entering for Local Police Members to 3% @ Membership in the Police Classification to 3% g 55 55 Mayor Touhey announced that this item was moved from the Consent Calendar for separate consideration. Motion Motion by Herfert and seconded by Sanderson to approve: 1. Adopting Resolution of Intention to approve an amendment to contract between the Board of Administration of the California Public Employees' Retirement System (CaIPERS) and the West Covina City Council, and; 2. Authorize the City Clerk to execute required CaIPERS certifications and documents for local police members entering membership for the first time in the police classification (Safety), amending the retirement benefit to 3% @ 55. • Form CON-12, Certification of the Governing Body's Action • Form CON-12A, Certification of Compliance with Government code Section 7507 • Form CON-30, Certification of Compliance with Government Code Section 20475 Motion carried by 5 — 0. CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS Councilmember Sotelo requested to bring back a report to review the City's emergency preparedness in case of a disaster. I City Council Minutes of November 20, 2012 COUNCIL REORGANIZATION 1) Mayor Touhey announced that the City Council will now reorganize. Mayor's Comments Mayor Touhey expressed his thanks for the opportunity to serve as Mayor; stated there are many new businesses coming into the City; wished the next mayor the best and thanked the residents for electing him to his new position with the Upper San Gabriel Valley Water District. Council Reorganization Mayor Touhey requested a motion to uphold the Mayoral Succession order. Motion Motion by Sotelo and seconded by Touhey to uphold the Mayoral Succession order and install Mayor Pro Tem Shelley Sanderson as Mayor and, Councilmember Steve Herfert as Mayor Pro Tem. Motion carried by 5 — 0. 2) Presentation of Mayoral Plaque to Outgoing Mayor Touhey Mayor Shelley Sanderson presented outgoing Mayor Touhey with the Mayoral Plaque. Mayor Sanderson thanked Mayor Touhey for his year of service as Mayor. Councilmembers Councilmember Herfert thanked Mayor Touhey for his role in supporting the City's economic development and for his business acumen and.support of the City in the Oversight Board meetings. Councilmember Sotelo also thanked Mayor Touhey for his service to the Council and the community. Councilmember Sykes stated while he and Mayor Touhey didn't always agree, he admires his skill sets and thanked him for the progress during his tenure. 3) Designation of Alternate to the L.A. County Sanitation District Mayor Sanderson stated that, as Mayor, she automatically becomes a member of the Board of Directors of the Los Angeles County Sanitation District and called for a motion for an Alternate Director. Motion Motion by Touhey and seconded by Sanderson to appoint Mayor Pro Tem Herfert as the Alternate Director. Motion carried by 5-0. ADJOURNMENT Motion by Sanderson and seconded by Touhey to adjourn the meeting at 9:30 p.m. in memory of the following: • Beatrice Duribe, long time resident • Ann Butera, long time resident • Larry Van Nostren, Lakewood Councilmember Following adjournment of the regular meeting, the City Council reconvened the Special Meeting Closed Session to discuss the position of City Manager. Submitted by: I iZ stant Cit Jerk Susan Rush %Mayae Touhey hey 111