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08-20-2019 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY AUGUST 20, 2019, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 MINUTES CALL TO ORDER A Regular Meeting was called to order by Mayor Johnson on Tuesday, August 20, 2019 at 7:00 p.m. in the Council Chamber,1444 West Garvey Avenue South, West Covina, California. ROLL CALL Councilmembers Present: Council Members Dario Castellanos, Letty Lopez-Viado, Jessica C. Shewmaker, Mayor Pro Tern Tony Wu, Mayor Lloyd Johnson Councilmembers Absent: None City Staff: David Carmany Interim City Manager, Nikole Bresciani Assistant City Manager/Public Services Director/Acting Personnel Officer, Thomas P. Duarte City Attorney, Carrie Gallagher Assistant City Clerk, other city staff presented reports and responded to questions as indicated in the minutes. PLEDGE OF ALLEGIANCE Mayor Lloyd Johnson led the Pledge of Allegiance. 08/20/19 CC Regular Meeting Minutes Interim City Manager Carmany reported that Consent Item 12: CONSIDERATION OF LEASE PURCHASE OF FIRE DEPARTMENT MUTUAL AID VEHICLES was being pulled from tonight's agenda and would be heard at the next Regular City Council Meeting. REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code & 54956.9(d)(1) West Covina Firefighter's Association IAFF Local 3226, et al., v. City of West Covina, et al., (US District Court, Case No. 2:19-cv-01466) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code S 54956.9(d)(4) Number of Cases: One (1) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code � 54957.6 City Negotiators: Carmany, Bresciani, Duarte Employee Organizations - Confidential Employees - Maintenance & Crafts Employees - Non -Sworn - W.C. Police Officers' Association - W.C. Firefighters' Management Assoc. - W.C. Firefighters' Association, I.A.F.F., Local 3226 Unrepresented Employee Group - Department Heads General Employees Mid -Management Employees W.C. Police Management Association City Attorney Thomas P. Duarte reported that no reportable action was taken during the closed session meeting. PRESENTATIONS West Covina Film Festival Awards SGVCOG Coyote Management ORAL COMMUNICATIONS Sneaker: Marsha Solario Herb Redholtz Elsie Messman Birdie (No last name provided) Page 2 of 9 08/20/19 CC Regular Meeting Minutes Angie Gillingham Jerri Potras Jim Grivich John Shewmaker Chris Miller ---End of Public Comment — CONSENT CALENDAR ACTION: MOTION BY MAYOR PRO TEM WU AND SECONDED BY COUNCILWOMAN LOPEZ-VIADO, CARRIED 5-0 to: approve Consent Calendar Items 1, 2, 6, 9-11 & 13 thru 14. ACTION: MOTION BY MAYOR PRO TEM WU AND SECONDED BY COUNCILWOMAN LOPEZ-VIADO, CARRIED 4-0 (SHEWMAKER: NO) to: approve Consent Calendar Items 4 & 8. ACTION: MOTION BY MAYOR JOHNSON AND SECONED BY COUNCILWOMAN LOPEZ-VIADO, CARRIED 5-0 to: approve Consent Calendar Item 3. (Item 3 was pulled by Mayor Johnson for separate discussion.) ACTION: MOTION BY MAYOR JOHNSON AND SECONED BY MAYOR PRO TEM WU, CARRIED 4-1 (SHE, NO) to: approve Consent Calendar Item 5. (Item 5 was pulled by Mayor Johnson for separate discussion.) ACTION: MOTION BY COUNCILWOMAN LOPEZ-VIADO AND SECONED BY MAYOR JOHNSON, CARRIED 5-0 to: approve Consent Calendar Item 7 as amended: to include the addition of both a performance review clause and a section describing the City Attorney's participation on the City's Risk Management Team. (Item 7 was pulled by Mayor Johnson for separate discussion.) (City Attorney Duarte excused himself from this item due to a conflict of interest, he left the dais at 8:49 p.m. and returned at 8:51 p.m.; he remained thru adjournment.) APPROVAL OF MEETING MINUTES 1) JULY 16, 2019, CITY COUNCIL/SUCCESSOR AGENCY SPECIAL CLOSED SESSION MEETING MINUTES JULY 16, 2019, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES JULY 16, 2019, CITY COUNCIL/SUCCESSOR AGENCY REGULAR MEETING MINUTES AUGUST 12, 2019, CITY COUNCIL/SUCCESSOR AGENCY SPECIAL MEETING MINUTES Page 3 of 9 08/20/19 CC Regular Meeting Minutes CARRIED 5-0 to: receive and file the Special Closed Session, Closed Session Regular Meeting Minutes of July 16, 2019, and the Special Meeting Minutes of August 12, 2019. CLAIMS AGAINST THE CITY 2) GOVERNMENT TORT CLAIM DENIALS CARRIED 5-0 to: deny the following Government Tort Claims and the claimants be notified: • Victor Della Rossa vs. The City of West Covina • Roberto Medina vs. The City of West Covina • Marc Taylor vs. The City of West Covina INVESTMENT REPORT (receive & file) 3) INVESTMENT REPORT FOR THE MONTH ENDED JUNE 30, 2019 CARRIED 5-0 to: receive and file the Investment Report for the month ended June 30, 2019. CITY ATTORNEY'S OFFICE 4) CONSIDERATION OF CITY MANAGER EMPLOYMENT AGREEMENT WITH DAVID CARMANY CARRIED 4-1 (SHEWMAKER: NO) to: approve a City Manager employment agreement with David Carmany. CITY MANAGER'S OFFICE 5) CONSIDERATION OF LICENSING AGREEMENT WITH SOFTWAREONE FOR MICROSOFT ENTERPRISE (Item 5 pulled for separate consideration by Mayor Johnson) CARRIED 4-1 (SHEWMAKER: NO) to: authorize post facto the City Manager or his designee to increase the contract with SoftwareOne which provides a Microsoft Enterprise Agreement based on the terms and conditions of the County of Riverside Enterprise Licensing Agreement #O1E73970 with Microsoft Licensing GP from $90,363.25 to $116,025.30. 6) APPOINTMENT OF COMMUNITY & SENIOR SERVICES COMMISSIONER PAUL BLACKBURN CARRIED 5-0 to: receive and file this informational report. Page 4 of 9 08/20/19 CC Regular Meeting Minutes 7) CONSIDERATION OF APPROVAL OF THIRD AMENDMENT TO RETAINER AGREEMENT FOR CITY ATTORNEY SERVICES (Item 7 pulled for separate consideration by Councilwoman Lopez-Viado) CARRIED 5-0 to: It is recommended that the City Council approve the third amendment to retainer agreement with Jones & Mayer for City Attorney services and as amended. to include the addition of both a performance review clause and a section describing the City Attorney's participation on the City's Risk Management Team. COMMUNITY DEVELOPMENT 8) CONSIDERATION OF ENGINEERING SERVICES CONTRACT APPROVAL CARRIED 4-1(SHEWMAKER: NO) to: take the following actions: 1. Approve Transtech for City Engineering Services, Traffic Engineering Services and General Engineering Services for two years ending September 1, 2021; and 2. Authorize the City Manager to execute a contract with Transtech not to exceed $800,000. 9) CONSIDERATION OF SALE OF CITY OWNED PARCEL AT EASTLAND SHOPPING CENTER (APN NO: 8451-012-907) CARRIED 5-0 to: adopt the following resolution: RESOLUTION NO.2019-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND DIRECTING THE CITY MANAGER TO OPEN ESCROW AND NEGOTIATE & EXECUTE A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS NECESSARY TO COMPLETE THE SALE OF LAND TO BRE DDR BR EASTLAND CA LLC (BLACKSTONE) 10) CONSIDERATION OF OFFICE USE AGREEMENT WITH SCORE ASSOCIATION CARRIED 5-0 to: authorize the City Manager to negotiate & execute an Office Use Agreement with SCORE Association for a term of two (2) years, with three optional one- year extensions 11) CONSIDERATION OF FIVE (5) YEAR EXTENSION OPTION FOR PARKING FACILITIES AT THE LAKES AT WEST COVINA CARRIED 5-0 to: adopt the following resolution: Page 5 of 9 08/20/19 CC Regular Meeting Minutes RESOLUTION NO.2019-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AND DIRECTING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF EXERCISE OF SUBLEASE EXTENSION OPTION FOR PARKING FACILITIES AT THE LAKES AT WEST COVINA WITH CH' 2014/SG COVINA OWNER LLC 12) CONSIDERATION OF LEASE PURCHASE OF FIRE DEPARTMENT MUTUAL AID VEHICLES (Item pulled by City Manager Carmany to be brought back to a future meeting) Approve a purchase order to National Auto Fleet Group in the amount of $196,758.72 (including sales tax, delivery, and options) for the purchase of three 2019 Crew Cab 4x4 pick-up trucks with bed covers. Waive formal contract procedures in accordance with the Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333(i)(2), which states that when a successful bidder for a contract with another county, city, special district, or other local agency makes the same written bid to the city, and the purchasing officer finds that the other local agency originally obtained the bid pursuant to formal contract procedures at least as rigorous as those of the city, that the formal contract procedures may be waived; Approve a five-year lease agreement with Lease Servicing Inc., dba National Cooperative with a lease fee in the amount of $24,006; Approve a purchase order to Acura Systems International Inc., in the amount of $18,479.90 (including sales tax and delivery) for the purchase of a mobile data computer (`MDC") and related accessories for the vehicles. Waive formal contract procedures in accordance with the Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333(i)(2), which states that when a successful bidder for a contract with another county, city, special district, or other local agency makes the same written bid to the city, and the purchasing officer finds that the other local agency originally obtained the bid pursuant to formal contract procedures at least as rigorous as those of the city, that the formal contract procedures may be waived; Appropriate $62,631.80 from the Fiscal Year (FY) 2019-20 General Fund reserves; Appropriate $1,847.47 to the Public Services Department from the FY 2019-20 General Fund reserves for vehicle maintenance; and Adopt the following resolution: RESOLUTION NO.2019-57 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING DULY 1, 2019, AND ENDING JUNE 30, 2020 (Purchase of Fire Mutual Aid Vehicles) 13) CONSIDERATION OF AGREEMENTS FOR BACKUP EMERGENCY AMBULANCE TRANSPORTATION CARRIED 5-0 to: authorize the City Manager to negotiate and execute agreements through June 30, 2020, and accept the following actions: Page 6 of 9 08/20/19 CC Regular Meeting Minutes 1. A one-year agreement with four one-year renewal options with Premiere Ambulance, Emergency Ambulance Service, Medic 1 Ambulance, First Rescue Ambulance to provide back emergency ambulance transportation services; and 2. A one-year renewal option with American Medical Response, and CARE Ambulance Service to provide backup emergency ambulance transportation services. PUBLIC SERVICES 14) CONSIDERATION OF AGREEMENTS FOR BACKUP EMERGENCY AMBULANCE TRANSPORTATION CARRIED 5-0 to: authorize the City Manager to negotiate and execute a contract with the County of Los Angeles for the Implementation of Cities Homelessness Plans Grant. END OF CONSENT CALENDAR DEPARTMENTAL REGULAR MATTERS CITY CLERK'S OFFICE 15) APPOINTMENT OF FINANCE & AUDIT COMMITTEE MEMBERS Speaker: Donna Chia David Lin ---End of Public Comment — ACTION: MOTION BY MAYOR JOHNSON AND SECONDED BY MAYOR PRO TEM WU, CARRIED 5-0 to: Re -appoint David Lin and appoint Donna Chia to each serve two-year terms thru August 20, 2021 on the City's Finance & Audit Committee. MAYOR/COUNCILMEMBERS REPORTS AB 1234 Conference and Meeting Report (verbal, if any) Mayor Johnson stated that there were no AB 1234 reports. 16) DISCUSSION REGARDING CAMERAS AND SECURITY LIGHTING IN PARKS - REQUEST FROM COUNCILWOMAN LOPEZ-VIADO ACTION: MOTION BY COUNCILWOMAN LOPEZ-VIADO AND SECONDED BY COUNCILMAN CASTELLANOS, CARRIED 5-0 as amended to: require Transtech Engineering Firm, in their regular scope of work and as part of the CIP, provide cost to install cameras and lights at parks, if not passible then staff is directed to go out for an RFP. Page 7 of 9 08/20/19 CC Regular Meeting Minutes CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION 17) REQUEST FROM COUNCILWOMAN LETTY LOPEZ-VIADO REQUESTING THE CITY COUNCIL'S CONSIDERATION TO DIRECT STAFF TO EXPLORE OPTIONS FOR BUSINESS LICENSE SERVICES AND FALSE ALARM BILLING. ACTION: MOTION BY COUNCILWOMAN LOPEZ-VIADO AND SECONDED BY MAYOR PRO TEM WU, CARRIED 5-0 to: direct staff to return in the future with a staff report to Council pertaining to alarm billing business licensing outsourcing and performance review; to include issues that exist with these companies. Consensus was reached to agendize this in the future. CITY COUNCIL COMMENTS Councilwoman Lopez-Viado spoke regarding her decision to remove her previously appointed Human Resources Commissioner; she added that she was recently cleared of any wrong doing by the FPPC following a formal complaint by a resident. Mayor Pro Tern Wu spoke regarding the role of an elected official; he commented on verbal attacks from public members that Council Members endure, he stated his desire to serve the public and thanked the rest of the City Council for the work they do. Councihnember Shewmaker responded to previous public comments regarding Commission Member involvement in a local ballot initiative, she requested reports from staff on residential parking, lobbyist activity, lighting and maintenance agreements, building and engineering project timelines from start to finish and requested that votes from Council be taken by consensus in the future as opposed to a roll call vote each time. She spoke regarding the City's revenue and asked the public to give the new Council more than six months to make a difference. Mayor Johnson thanked Councilwoman Shewmaker and noted his concurrence to her previous comments which pertained to Commissioner involvement in City and outside activities. (THIS SPACE WAS INTENTIONALLY LEFT BLANK) Page 8 of 9 08/20/19 CC Regular Meeting Minutes ADJOURNMENT The Regular Meeting was adjourned at 9:35 p.m., by Mayor Johnson. The next regularly scheduled Regular City Council Meeting will be held on Tuesday, September 3, 2019 at 7:00 p.m. in the Council Chamber, 1444 West Garvey Avenue South, West Covina, California. Submitted by: r Carrie Gallagher, CHIC Assistant City Clerk Loyd Jo son Mayor Page 9 of 9