03-20-2007 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
March 20, 2007
(isMayorTouhey 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 Rabbi Rick Brody
Temple-Ami Shalom
PLEDGE OF ALLEGIANCE Led by Mayor Pro Tem Lane
ROLL CALL Mayor Touhey, Mayor Pro Tem Lane,
Councilmembers Herfert, Hernandez, Sanderson (arrived at 7:15
P.M.)
Others Present Pasmant, Alvarez-Glasman, Bachman, Fields, Hoppe, McIsaac,
Rush, Samaniego, Williams, Yauchzee
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
The City Council convened the special meeting with all
members present except Councilmember Sanderson. Prior to
convening into closed session, all items on the City Council
agenda were announced for inclusion in the closed session
discussion except Conference with Labor Negotiators — Non -
Sworn, which will not be discussed.
Conference with Labor Negotiators — Miscellaneous
Unrepresented 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 —
Council received a briefing with no further action and nothing
further to report.
Conference with Legal Counsel — Existing Litigation —
Davis vs. City of West Covina - Council received a briefing and
direction was provided. No final action and nothing further to
report.
CHANGES TO THE AGENDA City Manager Pasmant announced an addendum was distributed
regarding item G-4 — Naming of Sportsplex Private Streets — that
identifies the street being discussed.
PRESENTATIONS Blue Star Video was aired.
Mayor Touhey presented Tyra Mason a certificate from the City
for being named Outstanding Woman of the 24th Senate District by
Senator Gloria Romero.
Mayor Touhey presented Betty Valles a certificate from the City
for being named Outstanding Woman of the 57th Assembly District
by Assemblyman Dr. Ed Hernandez.
ANNOUNCEMENTS City Manager Pasmant announced upcoming City events.
City Council Minutes of March 20, 2007
ORAL COMMUNICATIONS
Irene Fleck Irene Fleck, West Covina resident, spoke on future parking
concerns with the proposed development at the Civic Center.
Councilmember Herfert clarified that there is no approved project,
but they are only in a negotiations process.
Joanne Wilner Joanne Wilner, West Covina resident, addressed Change Order to
Big League Dreams project; Climate Protection to reduce green
house emissions; Big League Dreams Public Art Project; naming
of streets at the Sportsplex project; and requested that comments
made during oral communications were somehow acknowledged
as being taken into consideration.
Jefferson De Roux Jefferson De Roux, West Covina resident, addressed the issues
surrounding the trimming of his palm trees and maintenance of
vegetation on the public easement on his property.
Bill Roe Bill Roe, West Covina resident, announced an upcoming
fundraiser event whose mission is to enhance Rowland USD
education.
Don Carman Don Carman, West Covina resident, addressed Councilmember
Herfert and Mayor Touhey's involvement in the closure of the
BKK landfill.
Lloyd Johnson Lloyd Johnson, West Covina resident, requested support for a
Program to have serious sex offenders wear a GPS Monitoring
Device as outlined in the agenda.
David Rabbino David Rabbino, representative for the Resolution Law Group,
introduced his firm, which specializes in environmental law and
requested Council's consideration of their submitted RFQ for legal
services.
UPDATES/REPORTS FROM OTHER CONSULTANTS
No reports for this meeting.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
No reports for this meeting.
CONSENT CALENDAR Councilmember Herfert requested Item D-4c be removed for
separate consideration.
D-1 City Council Meeting Minutes (receive & file)
Regular Meeting of January 16, 2007
• Special Meeting of January 17, 2007
• Special Meeting of February 1, 2007
D-2a Commission Summary of Actions (receive & file)
Summary of Actions Planning Commission 03/13/07
Ordinance for Adoption
Amendment to Municipal Code Section 16-53, Impoundment of
D-3a Personal Property
Ordinance No. 2157 Recommendation is to adopt the following ordinance:
Impoundment of Property ORDINANCE NO. 2157 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING SECTION 16-53(a) OF THE WEST COVINA
MUNICIPAL CODE REGARDING THE IMPOUNDMENT OF
PROPERTY
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City Council Minutes of March 20, 2007
Amendment to Municipal Code Chapter 15 — Residency
D-3b Requirements of Sex Registrants
Ordinance No. 2158 Recommendation is to adopt the following ordinance:
Sex Registrants — Residency ORDINANCE NO. 2158 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CHAPTER 15 OF THE WEST COVINA
MUNICIPAL CODE TO INCLUDE RESIDENCY
REQUIREMENTS OF SEX REGISTRANTS
Miscellaneous — City Manager's Office
Letter Supporting AB 1657 (Jeffrey's Law) Increase Penalties for
D-4a Those that Provide Alcohol to Minors
AB 1657 — Alcohol to Minors Recommendation is that the City Council support AB 1657, which
increases the penalties to those that provide alcohol to minors and
direct staff to forward letters supporting AB 1657 to all State
elected officials representing the City of West Covina.
Miscellaneous - Community Services Department
Policy and Criteria for Regularly Notifying Youth Athletic
Employees and Involved Personnel that They Cannot Discriminate
D-4b on the Basis of Gender in Activities or Programs They Operate
Gender Equity Recommendation is that the City Council accept the
recommendation of the Community Services Commission to
approve the policy and criteria for regularly notifying youth
athletic employees and involved personnel that they cannot
discriminate on the basis of gender in activities or programs they
operate.
Miscellaneous — Police Department
D-4c
Lateral Police Officer Hiring Incentive
Police Officer Incentive
Recommendation is that the City Council:
I. Authorize the Payment of $12,500 to be paid to Lateral Police
Officers hired after 01-01-07. The $12,500 would be paid in
four installments. The first installment of $5,000 would be
paid upon the Lateral Officer's hire date; the second
installment of $2,500 would be paid upon the successful
completion of field training (minimum of 12 weeks); and the
third installment of $2,500 would be paid upon the successful
completion of probation (12 months). The final installment of
$2,500 would be paid at the end of the second year of
employment. Former employees are not eligible for the
incentive program.
2. Increase the pay level Lateral Police Officers can be brought in
at to D Step instead of C Step, at the discretion of the Chief of
Police, with the approval of the City Manager.
3. Authorize an additional appropriation of $40,000 in
110.31.3120.5110 for the remainder of this fiscal year, and
$90,000 for FY 2008-09, from General Fund Reserves.
Subsequent incentive amounts will be incorporated into future
budget processes.
(Pulled for separate consideration and modification of
recommendation.)
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Miscellaneous — Public Works Department
D-4d
Approval of Change Order to the Big League Dreams Project —
Creating a Pad at Azusa Avenue and A Street
BLD Pad at A Street
Recommendation is that the City Council authorize staff to issue a
change order to create a pad at Azusa Avenue and A Street at the
Big League Dreams (BLD) project site.
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City Council Minutes of March 20, 2007
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Councilmember Reports
Resolution Supporting the United States Conference of Mayor's
Climate protection Agreement to Reduce Greenhouse Gas
D-5 Emissions
Greenhouse Emissions Recommendation is that the City Council adopt the following
resolution:
Reso No. 2007-15 RESOLUTION NO. 2007-15 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ENDORSING THE UNITED STATES CONFERENCE OF
MAYOR'S CLIMATE PROTECTION AGREEMENT TO
REDUCE GREENHOUSE GASES
CONSENT CALENDAR ACTION "Motion by Sanderson and seconded by Herfert to waive further
reading of the resolutions/ordinances and adopt, and approve all
items except Item D-4c by the following roll call vote:
AYES: Herfert, Hernandez, Lane, Sanderson, Touhey
NOES: None
Item D-4c Lateral Police Officer Hiring Incentive — Councilmember Herfert
requested a clause be included in the incentive program to review
the process in one year to determine whether it warrants
continuing. Councilmember Hernandez concurred with including
a sunset clause to review whether the program is providing a
benefit to the city.
Motion by Hernandez and seconded by Herfert to approve
staff recommendation with the addition of a sunset clause. Motion
carried 5-0.
PUBLIC HEARINGS No hearings for this meeting.
COMMUNITY DEVELOPMENT COMMISSION
No meeting scheduled.
DEPARTMENTAL MATTERS
City Manager's Office
Request for Qualifications (RFQ) for Special Legal Counsel
G-1 Services
Special Legal Services RFQ Assistant to the City Manager Freeland presented the staff report.
Proposals for specialized legal services in the following areas have
been submitted to council for their review and consideration:
Bond Counsel, City Prosecutor, Environmental Law,
Personnel/Labor Law and General Liability/Workers'
Compensation. Late submittals were not included in the proposals
presented to Council.
Bond Counsel Councilmember Herfert raised concern of locking into one firm for
Bond Counsel since interest rate is of consideration when bonds
are floated. Finance Director Bachman suggested to consider
Bond Counsel at the time the City considers financing through
bonds.
Motion Motion by Herfert and seconded by Lane to consider all the
firms, including the firm who submitted proposals late, to be
considered at the time when the City considers bonds. Motion
carried 5-0.
Councilmember Hernandez suggested that council review all the
submitted proposals, come to a consensus of the top three in each
area and invite those three to be interviewed before the public.
Councilmember Sanderson suggested establishing a pool
for Workers' Compensation and General Liability claims.
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City Council Minutes of March 20, 2007
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Mayor Touhey stated he is comfortable with a pool for
Workers' Compensation and General Liability suggesting Council
move forward with City Prosecutor, Personnel/Labor Law and
Environmental Law. Mayor Touhey also inquired as to whether
the late submitted RFQ's would be considered.
Councilmember Hernandez reiterated his suggestion of a
competitive interview process.
City Prosecutor Councilmember Herfert supported interview process for City
Prosecutor.
Motion Motion by Herfert and seconded by Lane to interview Best, Best &
Krieger; Burke, Williams, & Sorensen; Jones & Mayer and
Aleshire & Wynder [late submittal] for City Prosecutor legal
services. Motion carried 4-1 (Hernandez no).
Councilmember Hernandez requested to revisit Mayor Touhey
inquiry and initiated discussion as to whether the firms who
submitted late submittals should be considered.
Following discussion, motion made by Herfert and
seconded by Hernandez to not consider late submitted RFQ's for
legal services.
Reconsideration of To simplify and clarify that late submitted proposals would not be
Bond Counsel considered for any legal service, a substitute motion was made by
Herfert and seconded by Hernandez to reconsider vote on Bond
Counsel. Motion carried 4-1. (Sanderson no).
Bond Counsel Motion by Herfert and seconded by Hernandez to consider pool of
applicants, excluding late submittals for Bond Counsel. Motion
carried 4-1 (Sanderson no).
Reconsideration of Motion by Herfert and seconded by Hernandez to reconsider vote
City Prosecutor on City Prosecutor. Motion carried 4-1 (Sanderson no).
Sanderson stated she voted no on both.
City Prosecutor Motion by Herfert and seconded by Lane to consider Best, Best &
Krieger; Burke, Williams, & Sorensen and Jones & Mayer for City
Prosecutor. Motion carried by the following roll call vote:
AYES: Herfert, Lane, Touhey
NOES: Hernandez, Sanderson
Environmental Law Motion by Herfert and seconded by Lane to hire Resolution Law
Group for Environmental Law legal services. Motion carried 4-1
(Hernandez no).
Personnel/Labor Law Motion by Lane and seconded by Touhey to retain the services of
Meyers Nave for Personnel/Labor Law.
Councilmember Hernandez requested that an interview process be
conducted. Councilmember Hernandez requested that Best, Best
& Krieger; Libert Cassidy Whitmore; Rutan & Tucker; Squire
Sanders and Wood Smith & Berman be interviewed.
Councilmember Herfert added Burke, Williams, & Sorensen and
Mayor Pro Tern Lane added Meyers Nave.
Motion Motion by Herfert and seconded by Lane to interview the seven
firms named. (Substitute motion).
Councilmember Sanderson inquired as to how the
interviews would be conducted. City Attorney Alvarez-Glasman
stated that interviews for special counsel services must be in open
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City Council Minutes of March 20, 2007
meeting format. Councilmember Sanderson questioned
Councilmember Hernandez's request for an interview process
when he voted no on interviewing City Prosecutor firms.
Councilmember Hernandez stated his position is to interview every
area of service.
Councilmember Herfert called for the question and
O suggested that following the vote, council then decide on the
process.
Action Motion carried to interview the seven firms mentioned by the
following roll call vote:
AYES: Herfert, Hernandez, Lane, Touhey
NOES: Sanderson
Motion for interview Motion by Herfert and seconded by Hernandez to conduct
interviews for City Prosecutor and Personnel/Labor Law in an
open public meeting set up by staff.
Discussion followed regarding the areas of special legal services
for which interviews will be conducted and Councilmember
Hernandez reiterated his request to interview firms for all areas of
special legal service.
Action Motion carried by the following roll call vote:
AYES: Herfert, Hernandez, Lane, Sanderson, Touhey
NOES: None
Councilmember Herfert suggested that the interview process be in
a public format but not televised.
General Liability [Workers Comp Motion by Sanderson and seconded by Herfert to bring General
Liability and Workers' Compensation back in order to meet with
the department (Risk Management) for the consideration of
establishing a pool of firms for service.
Motion carried 5-0.
G-2 Big League Dreams Public Art Proiect
Public Art Project Assistant to the City Manager Freeland presented the staff report
requesting council direction on whether to pursue a public art
project at the Big League Dreams site and if so, whether to
designate a bronze statue of Cory Lidle or other person and a
"Walk of Fame" highlighting past, present and future major league
baseball players from West Covina.
Motion Motion by Herfert and seconded by Lane to authorize staff to
move forward with a public art project at Big League Dreams that
includes a bronze statue of Corey Lidle and construction of a
"West Covina Walk of Fame." Motion carried 5-0.
Planning Department
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Code Amendment No. 07-01
G-3 Storage Containers in Single -Family Residential Areas
Storage Containers Staff report presented by Planning Director McIsaac. At the last
meeting the City Council requested changes to the draft ordinance,
which would regulate storage containers in single-family
residential zones. Revised draft deleted provisions for permanent
placement and added provisions for a process allowing
homeowners to retain storage containers that already exist on their
lot.
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City Council Minutes of March 20, 2007
Amendment offered by Mayor Touhey to amend the
revised ordinance to allow storage containers on a temporary basis
for up to two months in conjunction with remodeling projects that
do not require a building permit.
Mayor Pro Tem Lane left the dais at 8:45 p.m.
O Assistant City Clerk Rush presented:
Ordinance Introduction AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26
(ZONING) OF THE WEST COVINA MUNICIPAL CODE
RELATING TO STORAGE CONTAINERS IN SINGLE-
FAMILY RESIDENTIAL ZONES (CODE AMENDMENT NO.
07-01)
Motion Motion by Herfert and seconded by Sanderson to waive further
reading of the ordinance, read by title only and introduce as
amended by the following roll call vote:
AYES:
Herfert, Sanderson, Touhey
NOES:
Hernandez
ABSENT:
Lane
Assistant City Clerk Rush presented:
Resolution 2007-16 RESOLUTION 2007-16 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ESTABLISHING A REDUCED FEE FOR ADMINISTRATIVE
REVIEWS TO TEMPORARILY PLACE STORAGE
CONTAINERS IN SINGLE-FAMILY RESIDENTIAL ZONES.
Motion by Herfert and seconded by Sanderson to waive further
reading of the resolution, read by title only and adopt. Motion
carried 3-1-1 (Hernandez no, Lane absent)
Public Works Department
G-4 Naming of Sportsplex Private Streets
Naming Sportsplex Street Public Works Director Yauchzee presented a brief staff report
requesting council direction regarding names for three streets
leading to the Big League Dreams Sportsplex.
Motion by Herfert and seconded by Sanderson to name the three
streets after Tom Brunansky, Jason Giambi and his family, and
Cory Lidle. Motion carried 4-0 (Lane Absent).
Yauchzee requested clarification as to whether Council would like
to assign the names to the certain streets or allow staff to
determine.
Mayor Pro Tem Lane returned to the dais at 9:00 p.m.
In order for Mayor Pro Tem Lane's vote to be considered, motion
O by Hernandez and seconded by Touhey to reconsider vote on
naming streets. Motion carried 4-0.
Motion by Herfert and seconded by Sanderson to name Street "A"
as Giambi, name Street `B" as Lidle and Street "E" as Brunansky.
Motion carried 5-0.
MAYOR'S/COUNCILMEMBERS' REPORTS
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City Council Minutes of March 20, 2007
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Mayor Michael Touhey
Proposal from the Chamber of Commerce of West Covina for
the Implementation of Measures to Strengthen the Downtown
H-1 Glendora Avenue Business Area
Chamber Downtown Proposal Community Development Director Chung presented a staff report
highlighting proposed improvements from the Chamber of
Commerce to the Glendora Avenue business area. Chung stated
that City staff met with Chamber staff and addressed each of the
proposals. Chung outlined each of the proposals and responded to
questions from council.
Councilmember Hernandez supported the proposed maintenance
proposals from the Chamber and to work with the Chamber to
instill the Chamber's "Vision" by moving forward with a request
for proposals (RFP) for the Downtown Revitalization Plan.
Motion Motion by Hernandez to approve the twelve maintenance
issues proposed by the Chamber and move forward with a Request
for Proposal for the Downtown Revitalization Plan.
Motion failed Motion failed due to lack of a second.
Councilmember Sanderson left the dais at 9:25 p.m.
Substitute Motion Substitute motion by Touhey and seconded by Herfert to move
forward with the twelve improvements proposed by the Chamber
and the additional three improvements identified by the City,
following the recommendations of Mr. Chung, Community
Development Director.
Councilmember Hernandez reiterated his motion to move forward
with the maintenance issues and to move forward with an REP for
the Downtown Revitalization Plan.
Councilmember Sanderson returned to the dais at 9:29 p.m.
Councilmember Herfert called for the question. Motion carried by
the following roll call vote:
Action AYES: Herfert, Hernandez, Lane, Sanderson, Touhey
NOES: None
Chamber proposed improvements (12 items):
1. Add new signage and straighten existing signs banning
skateboarding.
2. Establish an emergency ordinance requiring both commercial
and residential property owners to provide their respective
tenants with locked, secured trash receptacles.
3. Prohibit alley parking after 12:00 a.m. and sweep alley.
4. Trim and manicure existing landscaping.
5. Replace dead foliage and maintain accordingly, including
foliage in planter boxes.
6. Remove pay phones.
7. Repair parking wheel stops.
8. Repave and re -stripe the parking lot.
9. Add lighting to parking area.
10. Remove gum and graffiti from sidewalks and maintain
accordingly.
11. Request trash collection provider (Athens) to remove graffiti
from bins, replace bins, or allow graffiti team to paint over.
12. Demand one -day graffiti removal.
City proposed improvements (3 items)
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City Council Minutes of Ach 20, 2007
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1. Addition of Angled on -street parking on Glendora between
Lakes and Walnut Creek Parkway.
2. The addition of a Downtown entrance structure and garden at
the Glendora and Vincent intersection.
3. Limit parking on City -owned Parking lot from 2 a.m. to 6 a.m.
to discourage overnight parking.
COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS
Mayor Michael Touhey
Request from Mayor Touhey Seeking the City Council's
Consensus to Consider a Program to Have Serious Sex
I -I Offenders Wear a GPS Monitoring Device
GPS Monitoring Devices Mayor Touhey presented Motion by Sanderson and seconded by
Hernandez to bring back report to the next meeting to consider a
program to have serious sex offenders wear a GPS monitoring
Device.
Motion carried 5-0.
COUNCILMEMBER COMMENTS
ADJOURNMENT
Submitted by:
Mayor Pro Tent Lane commented on the manner of which
Councilmembers interact and requested that the bantering between
Councilmembers stop.
Motion by Sanderson and seconded by .Herfert to adjourn the
meeting at 9:35 p.m. Motion carried by 5 — 0.
Ma or Michael Touhey
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