07-05-2007 - RegularThursday
July 5, 2007
ADJOURNED REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL
AGENDA
7:00 pm
Council Chambers
Agenda material is available for review at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey Avenue,
West Covina and at www.westcovina.org The City complies with the Americans With Disabilities Act (ADA). If
you will need special assistance at Council meetings, please call (626) 939-8433 (voice) or (626) 960-4422 (TTY)
from 8 to 5 Monday through Friday. Do call at least one day prior to the meeting date to inform us of your
particular needs and to determine if accommodation is possible. For sign language interpreter services at Council
meetings, please request no less than four working days prior to the meeting.
INVOCATION
PLEDGE OF ALLEGIANCE
Youth Minister Stephen Ichiriu
Faith Community Church
Councilmember Hernandez
ROLL CALL Mayor Touhey, Mayor Pro Tem Lane,
Councilmembers Herfert, Hernandez, Sanderson
REPORTING OUT FROM CLOSED SESSION ICER'MMAMFPOFTHECOIRIdLAC, "FOR
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CHANGES TO THE AGENDA
PRESENTATIONS * Blue Star Video
* Resolution of Commendation and City Tile Presentation
Police Officer Kevin Bogart
Retiring with 24 Years of Service
ANNOUNCEMENTS City Manager Pasmant
City Council Agenda for July 5, 2007
RULES OF DECORUM
The following are excerpts from the West Covina Municipal Code:
Sec. 2-45. Manner of addressing council; time limit; persons addressing may be sworn.
(a) Each person addressing the council shall step up to the rostrum, shall give his or her name and city of
residence in an audible tone of voice for the record and unless further time is granted by the council, shall
limit his or her address to five (5) minutes.
(b) The city council may establish a limit on the duration of oral communications.
(c) All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than
the council and the person having the floor, shall be permitted to enter into any discussion, either directly or
through a member of the council, without the permission of the presiding officer. No question shall be asked of
a councilmember except through the presiding officer.
(d) The presiding officer may require any person to be sworn as a witness before addressing the council on any
subject. Any such person who, having taken an oath that he or she will testify truthfully, willfully and contrary
to such oath states as true any material matter which he knows to be false may be held to answer criminally
and subject to the penalty prescribed for perjury by the provisions of the Penal Code of the state.
Sec. 2-50. Decorum --Required.
(a) While the council is in session, the members must preserve order and decorum, and a member shall neither, by
conversation or otherwise, delay or interrupt the proceedings or the peace of the council nor disturb any
member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise
herein provided.
(b) Any person making personal, impertinent or slanderous remarks or who shall become boisterous while
addressing the council shall be forthwith, by the presiding officer, barred from further audience before the
council, unless permission to continue be granted by a majority vote of the council.
Sec. 2-52. Persons authorized to be within council area.
No person, except city officials, their representatives and members of the news media shall be permitted within the
rail in front of the council chamber without the express consent of the council.
The following are excerpts from the Penal Code
148(a) (1) Every Person who willfully resists, delays, or obstructs any public officer, peace officer, or an
emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health
and Safety code, in the discharge or attempt to discharge any duty of his or her office or employment, when
no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000),
or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
403 Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is
not unlawful in its character, other than an assembly or meeting referred to in Section 303 of the Penal
Code or Section 18340 of the Elections Code, is guilty of a misdemeanor.
ADDRESSING THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
(Per WCMC 2-48, Ordinance No. 2150)
Any person wishing to address the City Council/Community Development Commission on any
matter listed on the agenda or on any other matter within their jurisdiction should complete a
speaker card that is provided at the entrance to the Council Chambers and submit the card to the
City Clerk/Secretary.
Please identify on the speaker card whether you are speaking on an agenda item or non -
agenda. Requests to speak on agenda items will be heard prior to requests to speak on non -
agenda items. All comments are limited to five (5) minutes per speaker.
Oral Communications shall be limited to thirty (30) minutes, unless speakers addressing
agenda items have not concluded.
Any testimony or comments regarding a matter set for a Public Hearing will be heard during the
hearing.
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Agenda material is available at www.westcovina.org
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City Council Agenda for July 5, 2007
A) ORAL COMMUNICATIONS — Five (5) minutes per speaker
Please step forward to the podium and state your name and city of residence for the
record when recognized by the Mayor.
B) UPDATES/REPORTS FROM CONSULTANTS
No reports for this meeting.
C) ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
No reports for this meeting.
D) CONSENT CALENDAR
1) City Council Meeting Minutes (receive & file)
No reports for this meeting.
2) Commission Summary of Actions (receive & file)
a) Planning.................................................................. 06/25/07
3) Claims Against the City of West Covina
Government Tort Claim Denials
It is recommended that the following Government Tort Claims be denied and the
claimants and/or their respective attorneys be so notified.
• Michelle. Leach vs. City of West Covina
• Alexander Jose Samarriba vs. City of West Covina
4) Award of Bid
a) Award of Contract for the Orangewood Park Soccer Fields Design
(Project No. PP-06204)
It is recommended that the City Council accept the proposal of David Volz
Design in the amount of $97,000 for the preparation of conceptual design
plans and construction documents to build eight new soccer fields at
Orangewood Park and, authorize the Public Works Director/City Engineer
and City Clerk to execute the contract.
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Agenda material is available at www.westcovina.org
City Council Agenda for July 5, 2007
D) CONSENT CALENDAR (continued)
5) City Treasurer's Report (receive & file)
Report for the Month of May 2007
6) Miscellaneous — Police Department
a) 2007 BJA Justice Assistance Grant
It is recommended that the City Council approve the 2007 BJA Justice
Assistance Grant and authorize the appropriation of $39,695 into
208.31.3120.6999 for unfunded public safety equipment needs, including
communications equipment for police vehicles, photo -evidence supplies,
weapons accessories, and computer equipment.
Miscellaneous - Community Services Department
b) Dukes Organization Fee Waiver Request for the Use of Maverick
1. It is recommended that the City Council authorize the City
Manager to approve a waiver of field use fees not to exceed
$18,620 in any fiscal year for the Dukes Organization to access
Maverick Field, in exchange for enhanced field maintenance being
performed by the group. This approval would grant a $9,310
credit against FY 06/07-field usage, and an $18,620 credit against
field usage for each fiscal year thereafter.
2. It is recommended that this decision be revisited in the event that
the Dukes Organization is unable to maintain enhanced standards
for ball field maintenance and playability.
Miscellaneous - Finance Department
e) PERS Paying and Reporting the Value of Employer Paid Member
Contributions
It is recommended that the City Council approve the following
resolutions:
RESOLUTION NO. - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FOR
PAYING AND REPORTING THE VALUE OF EMPLOYER PAID
MEMBER CONTRIBUTIONS (MISCELLANEOUS EMPLOYEES)
RESOLUTION NO. - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, FOR
PAYING AND REPORTING THE VALUE OF EMPLOYER PAID
MEMBER CONTRIBUTIONS (PUBLIC SAFETY EMPLOYEES)
RESOLUTION NO. - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
NOTIFYING EMPLOYEES OF THE CITY'S INTENT TO PROVIDE A
REPLACEMENT SUPPLEMENTAL RETIREMENT PLAN FOR ALL
EMPLOYEES
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Agenda material is available at www westeovina.org
City Council Agenda for July 5, 2007
D) CONSENT CALENDAR (continued)
6) Miscellaneous — Human Resources
d) Approval of Memorandum of Understanding (MOU) for the West
Covina Non -Sworn Safety Support Employees (Represented by the San
Bernardino Public Employees' Association) (SBPEA)
It is recommended that the City Council approve the proposed
Memorandum of Understanding (MOU) for the West Covina Non -Sworn
Safety Support Employees (represented by the San Bernardino Public
Employees' Association) (SBPEA) and adopt the following resolution:
RESOLUTION NO. A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ADOPTING THE PROPOSED MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA
NON -SWORN SAFETY SUPPORT EMPLOYEES (REPRESENTED BY
THE SAN BERNARDINO PUBLIC EMPLOYEES' ASSOCIATION
(SBPEA); AND FIXING COMPENSATION AND BENEFITS FOR
CLASSES REPRESENTED BY THE ASSOCIATION
Miscellaneous — Communications Department
e) Proposed Lease Agreement with T-Mobile U.S.A., Inc. - Shadow Oak
It is recommended that the City Council approve the proposed Lease
Agreement authorizing T-Mobile U.S.A., Inc. to lease space to build a
wireless telecommunication facility in Shadow Oak Park and authorize the
Mayor to execute the Lease Agreement.
Miscellaneous - Risk Management
f) Payment of FY 2007/08 Excess Liability Insurance Coverage and
Approval of Continued Membership with the Big Independent Cities
Excess Pool (BICEP)
It is recommended that the City Council:
1. Authorize payment of the City's 2007/08 excess liability insurance
coverage with the Big Independent Cities Excess Pool (BICEP) in an
amount not to exceed $358,028, to be paid from account
361.15.1530.6411.
2. Approve West Covina's continued membership in BICEP for an
additional three years beginning July 1, 2007.
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Agenda material is available at www.westeovina.org
City Council Agenda for July 5, 2007
D) CONSENT CALENDAR (continued)
6) Miscellaneous — Risk Management (continued)
g) Payment of FY 2007/08 Excess Workers' Compensation Insurance
Coverage
It is recommended that the City Council authorize payment of the City's
2007/08 Excess Workers' Compensation coverage with the Big
Independent Cities Excess Pool (BICEP), in the amount of $76,612, to be
paid from account 363.15.1530.6418
Miscellaneous — City Attorney' Office
h) Third Amendment to City Manager's Contract
It is recommended that the City Council approve the Third Amendment to
the City Manager's Employment Contract. (The final language to the
contract amendment is being prepared and will be distributed and
available on Monday July 2, 2007.)
ACTION ON CONSENT CALENDAR ITEMS NUMBER D-1 THROUGH D-6h
Motion by 2"d by
to waive further reading of the resolutions and adopt,
and approve all items except:
ROLL CALL: Herfert, Hernandez, Lane, Sanderson, Touhey
END OF CONSENT CALENDAR
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Agenda material is available at www.westcovina.org
City Council Agenda for July 5, 2007
E) PUBLIC HEARINGS
1) PUBLIC HEARING
West Covina Auto Plaza Business Improvement District 2007-2008 Annual
Report and Assessment
a) Verification of publication and mailing
b) Open hearing
c) Staff presentation
d) Public testimony
e) Close hearing
f) Council discussion
g) Recommendation: It is recommended that the City Council adopt the
following resolution:
RESOLUTION NO. - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
CONFIRMING THE ANNUAL REPORT FOR THE WEST COVINA
AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR
FISCAL YEAR 2007-2008
Motion by 2nd by_
to waive further reading of the resolution and
adopt disapprove hold over
F) COMMUNITY DEVELOPMENT COMMISSION
Recess the City Council meeting at p.m. to convene the CDC.
Reconvene the City Council meeting at p.m.
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Agenda material is available at www.westcovina.org
City Council Agenda for July 5, 2007
G) DEPARTMENTAL MATTERS
COMMUNITY SERVICES DEPARTMENT
1) Mid -Valley Transportation Corridor Feasibility Study (Ramona-Badillo Bus
Corridor Study) With the Cities of West Covina, Baldwin Park, Covina and
El Monte
It is recommended that the City Council do the following
1. Adopt the following resolution supporting the Mid -Valley Corridor
Feasibility Study;
RESOLUTION NO. - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SUPPORTING THE MID -VALLEY CORRIDOR FEASIBILITY STUDY
(RAMONA-BADILLO BUS CORRIDOR STUDY)
Motion by 2°d by_
to waive further reading of the resolution and
adopt disapprove hold over
2. Select a representative of the City Council to serve as the City of West
Covina's member to the Coordinating Committee.
Motion by
to
H) MAYOR'S/COUNCILMEMBERS REPORTS
No reports for this meeting.
2nd by
AB 1234 Conference and Meeting Report
(In accordance with AB 1234, Councilmembers shall make a brief report or file a
written report on any meeting/event/conference attended at City expense)
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City Council Agenda for July 5, 2007
I) COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR
INVESTIGATIONS
(Per City of West Covina Standing Rules 4.f — Requests by Councilmembers for reports,
studies, or investigations that are not readily available must be placed on the City
Council agenda as items of business and must be approved by a majority of the City
Council.)
1) Mayor Michael Touhey
Request from Mayor Michael Touhey Requesting the City Council Consider
Creating an Evening Babysitting Program for Parents to Have a "Date
It is recommended that the City Council direct staff accordingly.
Motion by
to
J) COUNCILMEMBER COMMENTS
ADJOURNMENT
Motion by
Tuesday
Tuesday
07/05/07
2nd by
2nd by
to adjourn the meeting at
Tentative City Council Meetings
July 17 Meeting Canceled
August 7 7:00 p.m. Council Chambers Regular Meeting
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Agenda material is available at www.westeovina.org
p.m.