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12-18-2012 - Regular Meeting - MinutesMINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL December 18, 2012 Mayor Pro Tern Herfert called to order the regular meeting of the West Covina City Council at 7:07 p.m. in the City Hall. Council Chambers, 1444 W. Garvey Avenue, West Covina. INVOCATION Pastor Mason Okubo Immanuel First Lutheran Church PLEDGE OF ALLEGIANCE Councilmember Touhey ROLL CALL Mayor Sanderson (arrived 7:51 p.m.), Mayor Pro Tem Herfert Councilmembers Sotelo, Sykes, Touhey 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 agendas were' announced for. inclusion in the closed session discussion; all ��members of the Council/Board were present except Mayor/Chairperson..Sanderson. Items on the agenda: SUCCESSOR AGENCY Conference with Legal Counsel — Existing Litigation - City of West Covina and City of West Covina Community Development Commission v. Hassen Imports Partnership, et al and related cross complaints and cases — Alvarez-Glasman reported that the Successor Agency received a briefing from Special Counsel and discussed the item with no final action taken and nothing further, to report. Conference with Legal Counsel — Anticipated Litigation One case - Alvarez-Glasman reported that the Successor Agency discussed the item with no final action taken and nothing further to report. CITY COUNCIL Conference with Legal Counsel — Existing Litigation - City of West Covina and City of West Covina Community Development Commission v. Hassen Imports Partnership, et al and related cross complaints and cases — Alvarez-Glasman reported that the Successor Agency received a briefing from Special Counsel with no final action taken and nothing further to report., Conference with Legal Counsel — Existing Litigation — West Covina Police Of Association v. City of West Covina — City Council provided direction to City Attorney's office to contact Counsel for the West Covina Police Officers' Association for further discussion and to attempt a resolution to the matter; however, authorization was also given to defend" the City in case the matter was not resolved. Public Employment — City Manager — Thi1°s matter was not discussed during Closed Session and will be considered later on in the evening. Conference with Legal Counsel — Existing Litigation — Raquel Gomez v. City of West Covina - Direction ,was provided on this matter with no final action taken and nothing further to report. 4 CHANGES TO THE AGENDA None. City Council Minutes of December 18, 2012 PRESENTATIONS Mayor Pro Tern Herfert called -forward Mayor Kevin Stapleton of the City of Covina who congratulated Councilmember Michael Touhey on his election to the Water Board. Mayor Stapleton could not stay for the following portion of the meeting in which Councilmember Touhey would be recognized. Mayor Pro Tern Herfert called forward Alexis Valenzuela, a Senior at West Covina High to be recognized for her accomplishment as a tennis player at West Covina High. Mayor Pro Tern Herfert called forward Assemblyman Curt Hagan, representative for West Covina, to present him with a City Tile for his Sacramento and district Offices. 11 Presentation and Resolutions of Commendation — Councilmember Michael Touhe Mayor Pro Tern Herfert called forward Councilmember Touhey to. receive recognition and certificates presented :'to him for his seventeen years of service on the City Council and congratulations on his election to the Upper San Gabriel Valley Municipal Water District. The following individuals congratulated Councilmember Touhey: • California State Assemblyman Curt Hagman • Field Representative Brian Urias, Office of United States Congresswoman Judy Chu • Field Representative David Monroy, Office of CA State Senator Bob Huff • Mayor Dan Holloway, City of La Puente • City of Baldwin Park Councilnember Marlen Garcia • Field Representative Evelyn Reyes, Office of United States Congresswoman Grace Napolitano Mayor Mary Su, City of Walnut • Councilmember. Sam Pedroza of City of Claremont • . Councilmember Robert Gonzales, City of Azusa • Mayor Louie Aganaga, City of South El Monte and fellow councilmembers • Mayor Manuel Lozano, City of Baldwin Park • West Covina Fire Department Fire Captain Corey Cisneros along with Santa and Elf • West Covina Police Department. Dave Sifling ORAL COMMUNICATIONS Viken Paksadouni Viken Paksadouni & Jack Hadjinian,.representing.the Armenian Jack Hadjinian National Committee, congratulated Mike Touhey on his election to the Water Board.. John Garside John Garside of Marty's Corner, thanked Michael Touhey for all he has done for him personally and the community. Bill Robinson Bill Robinson, USGV Water District, congratulated Councilmember Touhey; addressed curb painting and dissatisfaction with the recent painting; inquired of the process for filling the upcoming Council vacancy. Councilmember Touhey congratulated Mr. Robinson for his 24 years of service on the Water Board. Lloyd Johnson Lloyd Johnson, West Covina resident, thanked Councilmember Touhey for his service and dedication to Veterans. 2 City Council Minutes of December 18, 2012 .; Forrest Wilkens Forrest Wilkens; West Covina resident; congratulated Councilmember Touhey and looks forward to his serving on the Water Board. Boris Duarte Boris Duarte, West Covina resident, addressed comments by Councilmember Touhey at a previous meeting; addressed speakers' rights and asked that Councilmembers Sanderson and Herfert make . the best decisions for the community for the following year. Frank Williams Frank Williams, West Covina resident, thanked Councilmember Touhey for his participation in community events and sports in support of the community. Donna Lee Donna Lee, Southern California Edison; thanked Councilmember Touhey for his leadership and dedication to the .City and his support. I' Steve Bennett Steve Bennett, West Covina resident, congratulated and recognized Councilmember Touhey for his support of youth sports. Sue Sotelo Sue Sotelo; West Covina resident, thanked Councilmember Touhey for all he has done for the City. Mayor Sanderson presented Councilmember Touhey with a Resolution of Commendation and City Tile for his 16 years of service. Comments from Council Members Mayor Pro Tern Herfertreminisced on the years he., and Councilmember Touhey have known each other and the memories they share in their service to the City and the positive impact councilmember Touhey has had on the community. Councilmember Sotelo thanked Councilmember Touhey for his support of Youth Sports leagues and his generosity. Councilmember . Sykes offered his congratulations to Councilmember Touhey on his election to the Water Board, shared a . communication from a senior citizen and presented Councilmember Touhey with four shares of stojek in San Dimas Water Company dating back to 1913. Comments from Michael Touhey Councilmember Touhey introduced his daughter. Morgan and his son Brandon; reflected on past experiences as 'la youth in West Covina and his community involvement. He thanked his supporters, staff and fellow councilmembers for „their support and " contribution to the community. CONSENT CALENDAR 1) Approval of Meeting Minutes (receive & file) Minutes Special City Council Meeting Minutes of September 18, 2012 Regular City Council Meeting Minutes of September 18, 2012 2) Commission Summary of Actions (receive & file) Summary of Actions Planning Commission — December 11, 2012 Human Resources Department 3) Resolution Amending Benefits for Department Heads Department Head Benefits Recommendation is that the City Council adopt the following resolution: 3 City Council Minutes of December 18, 2012 Resolution No. 2012-92 RESOLUTION NO. 2012-92 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING BENEFITS FOR DEPARTMENT HEADS 4) Memorandum of Understanding (MOU) land Amending Mid -Management Employees' Compensation and Benefits for Classes Represented by the Mid - Association Benefits Management Employees' Recommendation is that the City Council adopt the following resolution: Resolution No. 2012-93 RESOLUTION NO. 2012-93 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A NEW MOU FOR THE MID -MANAGEMENT EMPLOYEES' ASSOCIATION AND AMENDING SALARY AND BENEFITS FOR CLASSES REPRESENTED BY THE MID -MANAGEMENT EMPLOYEES' ASSOCIATION Police Department and Fire Department 5) Reallocated 2010 State Homeland Security Grant Program Homeland Security Grant Funds (SHSGP) Funds Recommendation is that the City Council: 1. Accept and appropriate reallocated 2010 °,State Homeland Security Grant Program (SHSGP) grantfunds totaling. $121,570; as follows: - $50,000 into 227.31.3111.6999 (Police interoperable communication items) $42,797 into 227.32.3213.6999 (Fire interoperable communication items) - $26,773 into 227.31.3213.5113 (Fire TLO''overtime) - $2,000 into 227.31.3213.6050 (Fire TLO training) 2. Authorize the direct purchase of equipped mobile radios from Motorola (through their authorized regional distributor, Advanced Electronics), per specifications, as follows' - Ten (10 Police Department vehicle mounted XTL 5000 radios, per specifications under Los Angeles County contract pricing MA-IS-124041901, totaling $48,202.11, from account 227.31.3111.6999 - Twelve (12) Fire Department vehicle mounted XTl 5000 radios, per specifications, under Los, Angeles County contract pricing MA-IS-18105 totaling. $42,797, from account 227.32.3213.6999 CONSENT CALENDAR ACTION Motion by Touhey and seconded by Herfert to approve all items listed on the Consent Calendar as presented. Motion carried -by 5 - 0. DEPARTMENTAL MATTERS 6) Human Resources Department Ordinance —Retirement Urgency Ordinance Authorizing an Amendment to the Contract Urgency Ordinance System with S with the California Public Employees' Retirement` System Mayor Sanderson announced the matter and Council concurred that it should be adopted. Motion Motion by Herfert and seconded by Sotelo to adopt the following Urgency Ordinance: Ordinance No. 2241 ORDINANCE NO.. 2241 — AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF WEST COVINA AND THE BOARD OF 4 City Council Minutes of December 18, 2012 ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Motion carried by 5 — 0. Recess Motion by Herfert and seconded by Sotelo to recess the City Council meeting into Closed Session at 8:50 p.m. to discuss Item #7 — Consideration of Appointment of City Manager Pursuant to West Covina Municipal Code and Approval ° of Employment Agreement. Motion carried by 5 — 0. Reconvene The City Council reconvened at 9:00 p.m. with all members present. REPORTING OUT FROM CLOSED SESSION City Attorney Alvarez-Glasman reported that the City Council, with all five members present, recessed into Close Session for discussion of Item #7 Consideration . of Appointment of City Manager Pursuant to West Covina Municipal Code and Approval of Employment Agreement — and that there is nothing to report out of Closed Session. 7) Consideration of Appointment of City Manager Pursuant to West Covina Municipal Code and Approval of Employment Agreement City Attorney Alvarez-Glasman reminded the Council that they have the above item on the Council Agenda for consideration and if the Council does appoint a City Manager, they are to also approve a contract of employment for that position. Motion Motion by Herfert and seconded by Sanderson to appoint Chris Chung, Community Development Director, to the position of City Manager. Motion carried by 3 — 2 (Sotelo, Sykes - No). City Attorney reminded the Council of the need to consider approval of an employment agreement for the new City Manager with the effective date of December 19, 2012. Motion to approve Agreement Motion by Herfert and seconded by Sanderson to approve the employment agreement with effective date of December 19, 2012. Motion carried by 4 — 1 (Sykes — No). ADJOURNMENT Motion by Sanderson and seconded by Herfert to adjourn the Council Meeting at 10:02 p.m. in memory of. the families and loved ones of those whose, lives were lost in the Sandy Hook Elementary massacre in Newtown, Connecticut' and the West Covina Ortega family whose family members lost their lives during the Christmas Eve massacre. Motion carried by 5 — 0. Su fitted Assistant City Clerk -Susan Rush 5