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SPECIAL MEETING
OF THE
WEST COVINA CITY COUNCIL

Date: Thursday, July 5, 2007
Time: 5:45 p.m.
Place: City Manager's Conf. Room

AGENDA

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.

ROLL CALL

Mayor Touhey, Mayor Pro Tem Lane
Councilmembers Herfert, Hernandez, Sanderson

I PUBLIC COMMENT ON ITEMS ON THE AGENDA

II CLOSED SESSION

CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiator: Pasmant
Miscellaneous Unrepresented Management Employee, 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

City Negotiators: Fields, Bachman
Employee Organizations:
  • W.C. Police Officers' Association
  • W.C. Police Management Association
  • W. C. Firefighters' Management Association
  • W.C. Firefighters' Association, I.A.F.F., Local 3226

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: Approximately 2.6 acre area of the southeast corner of West
Covina Parkway and West Garvey Avenue South of the Civic Center Property
Agency Negotiators: Pasmant, Alvarez-Glasman, Chung, Lee
Negotiating Parties: Dynamic Business Holdings Inc.
Under Negotiation: Both Price and Terms

PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE Pursuant to Government Code § 54957

ADJOURNMENT

Motion by ______ 2nd by ______

to adjourn the meeting at _____ pm.


ADJOURNED REGULAR MEETING
OF THE
WEST COVINA CITY COUNCIL

Date: Thursday, July 5, 2007
Time: 7:00 p.m.
Place: Council Chambers

AGENDA

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

Youth Minister Stephen Ichiriu
Faith Community Church

PLEDGE OF ALLEGIANCE

Councilmember Hernandez

ROLL CALL

Mayor Touhey, Mayor Pro Tem Lane
Councilmembers Herfert, Hernandez, Sanderson

REPORTING OUT FROM CLOSED SESSION

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

RULES OF DECORUM

The following are excerpts from the West Covina Municipal Code:

Sec. 2-48. 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 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.

A) ORAL COMMUNICATIONS - Five (5) minutes
(This is the time set aside to address the City Council/Community Development Commission. 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
D-2a.doc

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.
D-3.doc
  • 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.
D-4a.doc

5) City Treasurer's Report (receive & file)

Report for the Month of May 2007
D-5.doc
D-5 City Treas.xls
D-5 City Detail.xls
CDC Rpt.doc
CDC Treas.xls

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.
D-6a.doc

Miscellaneous - Community Services Department

b) Dukes Organization Fee Waiver Request for the Use of Maverick Field
D-6b.doc
  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

c) PERS - Paying and Reporting the Value of Employer Paid Member Contributions
It is recommended that the City Council approve the following resolutions:
D-6c and Reso.doc

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

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:
D-6d and Reso.doc
D-6d Attach 1.doc
D-6d Article 1.doc
D-6d Article 2.doc
D-6d Article 3.doc
D-6d Article 4.doc
D-6d Article 5.doc
D-6d Article 6.doc
D-6d Appendix A.doc
D-6d Appendix B.doc
D-6d Appendix C.xls

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 Park
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.
D-6e.doc

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:
D-6f.doc
  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.

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
D-6g.doc

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 __________ 2nd by __________
to waive further reading of the resolutions and adopt,

and approve all items except: ________

ROLL CALL: Herfert, Hernandez, Sanderson, Lane, Touhey

END OF CONSENT CALENDAR

E) PUBLIC HEARINGS

1) PUBLIC HEARING
West Covina Auto Plaza Business Improvement District 2007-2008 Annual Report and Assessment
E-1.doc

Attachments 1 and 2 are available for review at the City Clerk's Office.
  1. Verification of publication and mailing
  2. Open hearing
  3. Staff presentation
  4. Public testimony
  5. Close hearing
  6. Council discussion
  7. 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.
CDC Agenda

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:
G-1.doc
G-1 Attach 1.doc
G-1 Attach 2.pdf

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 ________ 2nd 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 ________ 2nd by ________

to _______________________________

H) MAYOR'S/COUNCILMEMBERS REPORTS

No reports for this meeting.

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.)

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 Night"
It is recommended that the City Council direct staff accordingly.
I-1.doc

Motion by____________ 2nd by ______________

to ________________________________________

J) COUNCILMEMBER COMMENTS

ADJOURNMENT

Motion by _________ 2nd by _________ to adjourn the meeting at ____ p.m.

TENTATIVE CITY COUNCIL MEETINGS

Tuesday 7/17/07 Meeting Cancelled
Tuesday 8/7/07 7:00 pm Regular Meeting


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