M I N U T E S
SPECIAL MEETING OF THE
WEST COVINA CITY COUNCIL
July 5, 2007
Mayor Touhey called to order the special meeting of the West Covina City Council at 6:32 p.m. in the City Manager’s Conference Room at City Hall, 1444 W. Garvey Avenue, West Covina.
ROLL CALL Mayor Touhey, Mayor Pro Tem Lane
Councilmember Hernandez
Absent: Councilmember Herfert and Sanderson
Others Present: Pasmant, Alvarez-Glasman, Fields, Bachman, Chung, Lee
PUBLIC COMMENT ON ITEMS ON THE AGENDA No comments offered.
CLOSED SESSION Mayor Touhey commenced the closed session at 6:35 p.m. to discuss the following matters:
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code § 54957.6
City Negotiator: Pasmant
Miscellaneous Unrepresented Management Employees, including
-Assistant City Clerk
-Assistant City Manager
-Communications Director
-Community Development Commission Director
-Community Services Director
-Director of Human Resources
-Director of Risk Management
-Environmental Management Director
-Finance Director
-Fire Chief
-Planning Director
-Police Chief
-Public Works Director and City Engineer
City Negotiators: Fields, Bachman
- W.C. Police Officers’ Association
- W.C. Police Management Association
- W. C. Firefighters’ Management Assoc.
- 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 Mayor Touhey adjourned the meeting at 7:00 p.m.
Submitted by:
Assistant City Clerk Susan Rush
Mayor Michael Touhey
M I N U T E S
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.F.F., 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."
PRESENTATIONS Blue Star Video was aired.
Presentation to retiring Police Officer has been postponed.
ORAL COMMUNICATIONS
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 4th 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 Ballin Art Ballin, 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 4th 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.
D-1 City Council Meeting Minutes (receive & file)
No reports for this meeting.
D-2a Commission Summary of Actions (receive & file)
Commission Summary Planning Commission 06/25/07
D-3 Claims Against the City (deny & notify claimants)
Claims Government Tort Claim Denials
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)
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:
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.
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 Tem 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 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 Plaza‘s 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, SUPPORTING THE MID-VALLEY CORRIDOR FEASIBILITY STUDY (RAMONA-BADILLO BUS CORRIDOR STUDY)
Motion 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 4th 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 Tem Lane Mayor Pro Tem Lane also thanked all the participants involved in the 4th of July event.
Councilmember Hernandez Councilmember Hernandez thanked all the participants involved in the 4th 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 4th of July event.
ADJOURNMENT Motion by Herfert and seconded by Hernandez to adjourn the meeting at 9:11 p.m. Motion carried 4-0.
Submitted by:
Assistant City Clerk Sue Rush
Mayor Michael Touhey