M I N U T E S
SPECIAL MEETING OF THE
WEST COVINA CITY COUNCIL
May 1, 2007
Mayor Touhey called to order the special meeting of the West Covina City Council at 6:40 p.m. in the City Manager’s Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina.
ROLL CALL Mayor Touhey, Councilmembers Herfert, Hernandez, Sanderson
Absent: Mayor Pro Tem Lane
Others Present: Pasmant, Alvarez-Glasman, Fields
PUBLIC COMMENT ON ITEMS ON THE AGENDA
No comments offered.
CLOSED SESSION Mayor Touhey commenced the closed session at 6:45 p.m. to discuss the following matters:
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiators: Pasmant
Miscellaneous Unrepresented Management Employee, including
-Assistant City Clerk
-Assistant City Manager
-Communications Director
-Community Development Commission Director
-Community Services Director
-Director of Human Resources
-Director of Risk Management
-Environmental Management Director
-Finance Director
-Fire Chief
-Planning Director
-Police Chief
-Public Works Director and City Engineer
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
- City Manager
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(b)(3)(E)
One case
ADJOURNMENT Mayor Touhey adjourned the meeting at 7:00 p.m.
Submitted by:
Assistant City Clerk Susan Rush
Mayor Michael Touhey
M I N U T E S
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 Tem 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 Tem/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.
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 91st 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.
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 approve the condo development on Sunset and commented on AB1234 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.
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 Tem 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.
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.
Councilmembers 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)
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.
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.
Award of Bid for Senior Center Renovation
D-3c (Project No. BP-07315)
Senior Center Renovation Recommendation is that the City Council take the following actions:
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 I. 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 3rd Quarter Budget Update
3rd 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
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:
· $133,372 into 155.31.3110.7160 (for police equipment items)
· $85,515 into 155.31.3110.7170 (for police vehicles)
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: 850-856 S. Sunset Avenue
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 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 D-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 staff’s 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.
Closed Testimony With no additional speakers wishing to address the council, Mayor Touhey closed the public testimony portion of the hearing.
Motion Motion by Herfert and seconded by Sanderson to approve staff’s recommendations as follows:
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 Testimony 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 Testimony 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 that no written protests or objections against performing the proposed work had been received.
Public Testimony Mayor Touhey opened the public testimony portion of the hearing and asked for the public’s comments or objections.
Closed Testimony 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 Tem 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’ 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)
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).
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.
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
I-3 Deter Graffiti
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:
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Assistant City Clerk Susan Rush
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Mayor Michael Touhey