07-05-2007 - Regular Meeting - MinutesMINUTES
ADJOURNED REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
July 5, 2007
Mayor Touhey called to order the adjourned regular meeting of the West Covina City Council at 7:12
p.m in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION Andrew Pasmant
City Manager
PLEDGE OF ALLEGIANCE Councilmember Hernandez
ROLL CALL Mayor Touhey, Councilmembers Herfert (arrived 8:17 p.m.),
Hernandez, Lane
Absent: Councilmember Sanderson
Others present: Alvarez-Glasman, Bachman, Chung, Durbin, Fields, Freeland,
Hoppe, Klug, McNeill, Pasmant, Rush, Wills, Yauchzee
REPORTING OUT FROM CLOSED SESSION
City Attorney Alvarez-Glasman reported the following:
All members were present except Councilmembers Herfert
and Sanderson and prior to convening into closed session, all items
on the City Council agenda 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 — Not discussed.
Conference with Labor Negotiators — Employee
Organizations — W.C. Police Officers Association; W.C. Police
Management Association; W.C. Firefighters' Management
Association; W.C. Firefighters' Association, I.A.RF, Local 3226
— Direction was provided to city negotiator with no further action
and nothing further to report.
Conference with Real Property Negotiators - Property:
Approximately 2.6 acre area of the southeast corner of West
Covina Parkway and West Garvey Avenue South of the Civic
Center Property — This item will be brought back to the next
meeting to request an extension of the exclusive negotiating
agreement with Dynamic Business Holdings for 180 days.
Public Employee Discipline/Dismissal/Release — City
Council provided staff with direction.
CHANGES TO THE AGENDA City Manager Pasmant announced a correction to Item D-6e — The
first paragraph should read "location of the wireless
communications facility in Shadow Oak Park near the 'northwest'
corner" should read `near the northeast' corner."
City Council Minutes of July 5, 2007
PRESENTATIONS
ORAL COMMUNICATIONS
Blue Star Video was aired.
Presentation to retiring Police Officer has been postponed.
Dana Sykes Dana Sykes, West Covina resident, spoke in opposition to another
cell tower at Shadow Oak Park and indicated that a vote by Mayor
Touhey may be a conflict of interest and presented questions
regarding a proposed "Date Night" program.
Bill Schafer Bill Schafer, West Covina resident, complimented the City's 4`h of
July celebration; addressed the cost associated with the
Orangewood Park Soccer design proposal and proposed T-mobile
facility space at Shadow Oak Park.
Elsie Messman Elsie Messman, West Covina resident, commented on the proposed
"Date Night" program; proposed T-Mobil facility space at Shadow
Oak Park; Planning Commission home improvement applications;
and notices regarding any hazardous emissions from the landfill.
Art Bailin Art Bailin, West Covina resident, representing West Covina Youth
Soccer, thanked Council for consideration of the new soccer fields
at Orangewood Park.
Cameron Saylor Cameron Saylor, West Covina resident, addressed Dukes
Organization fee waiver request and urged Council's
consideration.
Fred Sykes Fred Sykes, West Covina resident, commented on the proposed
amendment to the City Manager's contract; the function of city
government and citizen involvement; and development of Shadow
Oak park.
Shirley Buchanan Shirley Buchanan, West Covina resident, complimented the City's
41h of July celebration; addressed flag banners and flags; identity
theft; D.A. investigation of Councilmember Hernandez; and traffic
on California Avenue.
Lloyd Johnson Lloyd Johnson, West Covina resident, commented on the contents
of the Discover newsletter and graffiti and his involvement in
volunteer graffiti program.
John Shewmaker John Shewmaker, West Covina resident, commented on negative
criticism of council he has heard and stated the council and staff
are doing a good job thanking them.
UPDATES/REPORTS FROM CONSULTANTS
No reports for this meeting.
ITEMS CARRIED OVER FROM PREVIOUS COUNCIL MEETINGS
No reports for this meeting.
CONSENT CALENDAR Councilmember Hernandez requested items D-4a, D-6b and D-6e
be removed for separate consideration.
Mayor Touhey recused himself from voting on item D-6e,
Proposed Lease Agreement with T-Mobile U.S.A., Inc. — Shadow
Oak Park, due to a family trust having a contract with SpectraSite,
of which T-Mobile is a customer.
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City Council Minutes of July 5, 2007
D-1
D-2a
Commission Summary
City Council Meeting Minutes (receive & file)
No reports for this meeting.
Commission Summary of Actions (receive & file)
Planning Commission 06/25/07
D-3 Claims Against the City (deny & notify claimants)
Claims Government Tort Claim Denials
• Michelle Leach vs. City of West Covina
• Alexander Jose Samarriba vs. City of West Covina
Award of Bid
Removed for separate consideration
Award of Contract for the Orangewood Park Soccer Fields Design
D-4a (Project No. PP-06204)
Orangewood Soccer Fields Recommendation is 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.
D-5 City Treasurer's Report (receive & file)
Treasurer's Report Report for the Month of May 2007
Miscellaneous — Police Department
D-6a 2007 BJA Justice Assistance Grant
Justice Assistance Grant Recommendation is 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
Removed for separate consideration
Dukes Organization Fee Waiver Request for the Use of Maverick
D-6b Field
Fee Waiver — Dukes Organization Recommendation is that the City Council approve the following:
1. 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, and
2. 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
PERS — Paying and Reporting the Value of Employer Paid
D-6c Member Contributions
PERS Employer Paid Contributions Recommendation is that the City Council approve the following
resolutions:
Reso No. 2007-55 RESOLUTION NO. 2007-55 - 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)
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City Council Minutes of July 5, 2007
Reso No. 2007-56 RESOLUTION NO. 2007-56 - 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)
Reso No. 2007-57 RESOLUTION NO. 2007-57 - 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
Miscellaneous — Human Resources
Approval of Memorandum of Understanding (MOU) for the West
Covina Non -Sworn Safety Support Employees (Represented by the
D-6d San Bernardino Public Employees' Association) (SBPEA)
MOU Non -Sworn Safety Recommendation is 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:
Reso No. 2007-58 RESOLUTION NO. 2007-58 - 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
Removed for separate consideration
Proposed Lease Agreement with T-Mobile U.S.A., Inc. — Shadow
D-6e Oak Park
T-Mobile Lease- Shadow Oak Recommendation is 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
Payment of FY 2007-08 Excess Liability Insurance Coverage and
Approval of Continued Membership with the Big Independent
D-6f Cities Excess Pool (BICEP)
BICEP Membership Recommendation is 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.
D-6g Payment of FY2007-2008 Excess Workers' Compensation
Workers' Comp Insurance Insurance Coverage
Recommendation is 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.
L,
City Council Minutes of July 5, 2007
Miscellaneous — City Attorney's Office
D-6h Third Amendment to City Manager's Contract
City Manager's Contract Recommendation is that the City Council approve the Third
Amendment to the City Manager's Employment Contract.
CONSENT CALENDAR ACTION Motion by Lane and seconded by Hernandez to waive further
reading of the resolutions and adopt, and approve all items except:
D-4a, D-6b, D-6e. Motion carried 3 — 0 by the following Roll Call
vote:
AYES:
Hernandez, Lane Touhey
NOES:
None
ABSENT:
Herfert, Sanderson
Item D-4a Award of Contract for the Orangewood Park Soccer Fields Design
(Project No. PP-06204) — Councilmember Hernandez expressed
concerns with the cost of the Orangewood Park Soccer Fields
Design. Public Works Director Yauchzee stated that the proposal
not only includes the design to construct but also includes the
master plan and various other work including surveying,
demolition, irrigation, curb and gutter.
Motion by Hernandez and seconded by Lane to accept
staff s recommendation. Motion carried by 3 — 0.
Councilmember Herfert arrived at 8:17 p.m.
Item D-6b Dukes Organization Fee Waiver Request for the Use of Maverick
Field — Councilmember Hernandez inquired whether credits are
extended to other leagues in the City. Community Services
Director McNeill explained the contribution provided by the Dukes
Organization to the field. The Dukes utilize the field for a fee and
also contribute to the maintenance of the field.
Motion by Hernandez to approve alternative 2 on the staff
report, to allow the Dukes Organization to receive the non-profit
discount rate of 25% off the posted rates for Maverick Field rental
beginning with FY 06/07, in exchange for the field maintenance
being performed. Motion failed due to lack of a second.
Motion Motion by Herfert and seconded by Lane to approve
alternative 1, as recommended by staff. Motion carried by 3 — 1
(Hernandez No).
Item D-6e D-6e — Proposed Lease Agreement with T-Mobile U.S.A., Inc. —
Shadow Oak Park — Mayor Touhey recused himself from the
discussion and left the dais. Councilmember Hernandez expressed
concerns from residents of having a third cell phone tower at
Shadow Oak Park.
Motion by Hernandez to deny the proposed lease
agreement with T-Mobile U.S.A., Inc.
Mayor Pro Tern Lane asked whether the cell tower could be
in another location in which Communications Director Durbin
responded.
Hernandez reiterated his motion which was seconded by
Lane. Motion carried by 2 — 1 (Herfert No).
PUBLIC HEARINGS
Public Hearing
West Covina Auto Plaza Business Improvement District 2007-
E-1 2008 Annual Report and Assessment
Auto Plaza Business Improvement Mayor Touhey announced the public hearing matter and Assistant
City Clerk Rush verified that proper legal notice had been given.
Mayor Touhey opened the hearing. CDC Senior Project Manager
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City Council Minutes of July 5, 2007
Klug presented the staff report outlining the West Covina Auto
Plaza Annual Report and proposed assessment budget.
Assistant City Clerk Rush confirmed that no written
communications regarding the proposed agreement have been
received.
Public Testimony Mayor Touhey opened the public testimony portion of the hearing
and asked for public comments.
Herb Redholtz, West Covina resident, expressed his
disappointment with the Auto Plazas Advisory Board continued
lack of addressing the need to replace or rehabilitate the sign and
readerboard. Redholtz urged the Council and auto dealers to
consider replacement of the readerboard.
Don Mowery, General Manager of West Covina Toyota,
responded to Councilmember Herfert's inquiry as to the Advisory
Board's lack of addressing the sign and stated the Board's current
discussions are to bring all the dealerships into the Advisory Board
with the intent to move the sign in the future and to only refurbish
(paint) the sign this current year.
Testimony closed With no speakers wishing to address Council, Mayor Touhey
closed the public testimony portion of the hearing.
Council Discussion Council was in consensus to support the assessment for another
year and strongly encouraged the Advisory Board to bring all
dealerships into the Advisory Board and to utilize new technology
in the advertising of the auto dealerships.
Assistant City Clerk Rush presented the following:
Resolution No. 2007-59 RESOLUTION NO. 2007-59 - 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 Motion by Herfert and seconded by Hernandez to waive further
reading of the resolution and adopt. Motion carried 4-0.
COMMUNITY DEVELOPMENT COMMISSION
Mayor Touhey recessed the City Council meeting at 8:37 p.m. to
convene the Community Development Commission meeting. The
City Council reconvened at 8:39 p.m. with all members present
except Sanderson
DEPARTMENTAL MATTERS
Community Services Department
Mid -Valley Transportation Corridor Feasibility Study
(Ramona-Badillo Bus Corridor Study) With the Cities of West
G-1 Covina Baldwin Park, Covina and El Monte
Transportation Corridor Study Assistant to the City Manager Freeland presented a brief staff
report. The City of El Monte has requested the City of West
Covina's support to initiate a joint study with other local cities to
develop the Mid -Valley Transportation bus corridor and to select a
member of the council to serve as a member of the Coordinating
Committee.
Assistant City Clerk presented
Reso No. 2007-60 RESOLUTION NO. 2007-60 — A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
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City Council Minutes of July 5, 2007
Motion
SUPPORTING THE MID -VALLEY CORRIDOR FEASIBILITY
STUDY (RAMONA-BADILLO BUS CORRIDOR STUDY)
Motion by Herfert and seconded by Hernandez to waive further
reading of the resolution and adopt. Motion carried 4-0.
Motion Motion by Herfert and seconded by Lane to select Mayor Touhey
and Councilmember Hernandez to serve on the Coordinating
Committee. Motion carried 4-0.
COUNCILMEMBERS' REQUEST FOR REPORTS, STUDIES OR INVESTIGATIONS
Mayor Michael Touhey
Request from Mayor Michael Touhey Requesting the City
Council Consider Creating an Evening Babysitting Program
I-1 for Parents to Have a "Date Night"
Date Night Program Motion by Herfert and seconded by Lane to bring back more
information for consideration to create a babysitting program for
parent to have a "Date Night". Motion carried 4-0.
AB 1234 CONFERENCE AND MEETING REPORT
Councilmember Hernandez provided a verbal report on the
NALEO (National Association of Latino Elected Officials)
conference he attended in Florida. Hernandez provided a brief
overview of the session he attended at the conference.
Councilmember Hernandez requested for future meeting
options for a co -sponsored event for residents on home ownership.
Mayor Touhey also provided a brief verbal report of sessions
attended at the same conference.
COUNCILMEMBER COMMENTS
Councilmember Herfert Councilmember Herfert thanked the participant involved with the
0' of July event and announced the "Faces in the Crowd"
promotional event for the Big League Dreams facility.
Community Services Director McNeill came forward and
presented additional information about the "Faces in the Crowd"
promotion.
Mayor Pro Tern Lane Mayor Pro Tern Lane also thanked all the participants involved in
the 0' of July event.
Councilmember Hernandez Councilmember Hernandez thanked all the participants involved in
the 41h of July event and reported on his recent visit with residents
in the Shadow Oak Park area and their concerns with maintenance
at the park and through the paseos.
Councilmember Hernandez requested a report be brought
back regarding the scheduling of park maintenance and an update
of street improvements and pending street improvement schedule.
Mayor Touhey Mayor Touhey stated that additional services for the maintenance
districts (paseos) might require additional tax assessments and
thanked the staff for a successful 4`h of July event.
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City Council Minutes of July 5, 2007
ADJOURNMENT Motion by Herfert and seconded by Hernandez to adjourn the
meeting at 9:11 p.m. Motion carried 4-0.
Submitted by:
Assistarif Cih -clerk Sue Rush
IP
Ma or Michael Touhey
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