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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 9 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.) 0 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. c City Council Minutes of March 20, 2007 • 0 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. n City Council Minutes of March 20, 2007 A 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 5 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 is 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. on 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 7 City Council Minutes of March 20, 2007 is 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) 0 City Council Minutes of Ach 20, 2007 0 • • 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 9