10-01-2019 - Regular Meeting - Minutes\11/�
WEST CON
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
OCTOBER 01, 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, October 1, 2019 at 7:09
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 City Manager, Nikole Bresciani Assistant City Manager/Public
Services Director/Acting Personnel Officer, Thomas P. Duarte City Attorney,
Carrie Gallagher Assistant City Cleric; other city staff presented reports and
responded to questions as indicated in the minutes.
PLEDGE OF ALLEGIANCE
Councilwoman Letty Lopez-Viado led the Pledge of Allegiance.
REPORTING OUT FROM CLOSED SESSION
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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 - EXISTING LITIGATION
Pursuant to Government Code & 54956.9(d)(1)
Gutierrez v. City of West Covina, et al., (United States District Court Case No.: 2:18-cv-00781-
R (JPRx))
CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code & 54957.6
City Negotiators: Carmany, Bresciani, Duarte
Employee Organizations
Confidential Employees General Employees
Maintenance & Crafts Employees Mid -Management Employees
Non -Sworn W.C. Police Management Association
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
City Attorney Thomas P. Duarte reported that no reportable action was taken
PRESENTATIONS
West Covina Beautiful
Tree Planting Program Update
National Fire Prevention Week
ORAL COMMUNICATIONS
Speaker:
Wen Wen Zhang
Herb Redholtz
Chris Miller
Ryan (Spoke on Public Hearing Item 7)
Rick Heng (Spoke on Public Hearing Item 7)
Lynne Nagel
William Elliott
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---End of Public Comment —
City Manager Carmany announced that there was no re -ordering of the agenda.
CONSENT CALENDAR
ACTION: MOTION BY COUNCILWOMAN LOPEZ-VIADO AND SECONDED BY
MAYOR PRO TEM WU, CARRIED 5-0 to: approve Consent Calendar Items 1 through 4.
ACTION: MOTION BY COUNCILMAN CASTELLANOS AND SECONED BY
MAYOR PRO TEM WU, CARRIED 5-0 to: approve Consent Calendar Item 5. (Item 5
was pulled by Councilman Castellanos for separate discussion.)
APPROVAL OF MEETING MINUTES
1) SEPTEMBER 17, 2019 CITY COUNCIL/SUCCESSOR AGENCY CLOSED
SESSION MEETING MINUTES
SEPTEMBER 17, 2019 CITY COUNCIL/SUCCESSOR AGENCY REGULAR
MEETING MINUTES
CARRIED 5-0 to: receive and file the minutes of September 17, 2019 Closed Session
Meeting Minutes and September 17, 2019 Regular Meeting Minutes.
COMMUNITY DEVELOPMENT
2) CONSIDERATION OF MINUTES OF THE JUNE 11, 2019 TRAFFIC
COMMITTEE MEETING
CARRIED 5-0 to: receive and file the attached minutes of the Traffic Committee
meeting of June 11, 2019.
HUMAN RESOURCES
3) CONSIDERATION OF CONTRACT WITH CARPENTER, ROTHANS &
DUMONT LLP IN CONNECTION WITH RICHARD MARTIN FRANCO JR.
AND YVONNE FRANCO V. CITY OF WEST COVINA MATTER
CARRIED 5-0 to: authorize the City Manager to negotiate and execute any documents
necessary to provide for the continued engagement of Carpenter, Rothans &
Dumont LLP to provide legal counsel to the City in connection with the Richard
Martin Franco Jr. and Yvonne Franco v. City of West Covina matter.
PUBLIC SERVICES
4) CONSIDERATION OF CONTRACT WITH M COACH FOR RECREATION
TRANSIT SERVICES
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CARRIED 5-0 to: take the following actions:
1. Approve M Coach for Recreation Transit - Charter Bus Services for three years plus two
optional annual extensions; and
2. Authorize the City Manager to negotiate and execute a contract with M Coach not to
exceed $35,000 per year.
CONSIDERATION OF THE PURCHASE OF ONE NEW VACUUM JETTER
TRUCK FOR SEWER & CATCH BASIN CLEANING
(Item 5 was pulled by Councilman Castellanos for separate discussion.)
CARRIED 5-0 to: take following actions:
1. Authorize the purchase of one New 2020 Freightliner 114SD Set Back Axle Chassis with
CAMEL 1200 12 Yard Combination Sewer Cleaner from National Auto Fleet Group for
$619,641.89;
2. Waive formal bidding and authorize the use of Sourcewell formally NJPA contract
number 081716-NAF;
3. Appropriate $619,641.89 from Sewer Fund Account No. 189.41.4160.7180; and
4. Adopt the following resolution:
RESOLUTION NO. 2019-78 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET
AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2019 AND
ENDING JUNE 30, 2020 (FREIGHTLINER 114SD SET BACK AXLE CHASSIS
WITH CAMEL 120012 YARD COMBINATION SEWER & CATCH BASIN
CLEANER)
END OF CONSENT CALENDAR
HEARINGS
None
PUBLIC HEARINGS (Continued Hearing from September 311
CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S
APPROVAL OF ADMINISTRATIVE USE PERMIT (AUP) NOS. 19-25,19-26,19-
27,19,28, AND 19-29 FOR THE REMOVAL AND REPLACEMENT OF
EXISTING LIGHT POLES AND THE INSTALLATION OF SMALL WIRELESS
FACILITIES (SWF) ALSO KNOWN AS SMALL CELL SITES, CONSISTING OF
SHROUDED ANTENNAS ON TOP OF LIGHT POLES AND UNDERGROUND
EQUIPMENT IN THE PUBLIC RIGHT-OF-WAY NEAR/IN FRONT OF THE
FOLLOWING ADDRESSES: 1631 E. NANETTE AVENUE, SCE POLE #
4279155E (AUP NO.19-25); 2539 TEMPLE AVENUE, SCE POLE # 1918455E
(AUP NO.19-26); 1689 NATALIE AVENUE, SCE POLE # 2079805E (AUP NO. 19-
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27); 2634 TEMPLE AVENUE, SCE POLE # 1918457E (AUP NO. 19-28); 1722
NATALIE AVENUE, SCE POLE # 2271977E (AUP NO.19-29)
Mayor Johnson announced the Public Hearing matter, Assistant City Clerk Gallagher verified
that proper legal notice was given, and Mayor Johnson opened the continued public hearing at
8:00 p.m. Planning Manager Jo -Ann Burns presented the report with the use of a Power Point
presentation. Deputy City Attorney Baron Bettenhausen provided legal review and City staff
responded to questions from Council.
Public Comments in Favor of Appeal:
Appellant, Ian Pike
Mimi Quan
Dana Sykes
Elsie Messman
Fredrick Sykes
Henry Wong
Neutral of Appeal
John Shewmaker
---End of Public Comment ---
Opposition of Appeal
Project Applicant: Robert Jystad and Kyle Berry responded to questions and concerns of public
speakers and took questions from Council
Mayor Johnson closed the continued public hearing at 9:45 p.m.
ACTION: MOTION BY COUNCILWOMAN LOPEZ-VIADO AND SECONDED BY
MAYOR PRO TEM WU, CARRIED 3-2 (JOHNSON: NO, SHEWMAKER: NO) to:
approve the appeal and overturn the Planning Commission's approval of Administrative
Use Permit Nos. 19-25, 19-26, 19-27, 19-28 and 19-29 and directed staff to return with a
modified resolution containing findings for denial.
Council recessed at 9:55 p.m. and reconvened at 10:00 with all Council Members present.
7) ZONING CODE AMENDMENT NO.18-04 - AMENDMENT TO THE CITY OF
WEST COVINA MUNICIPAL CODE PERTAINING TO ALCOHOL SALES AT
SERVICE STATIONS
Mayor Johnson announced the Public Hearing matter, Assistant City Clerk Gallagher verified
that proper legal notice was given, and Mayor Johnson opened the public hearing at 10:02 p.m.
Planning Manager Jo -Ann Burns presented the report with the use of a Power Point presentation.
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Public Comments in Favor:
Michael Touhey
John Sherrard
Houshi (No last name provided)
Rommel Cipriano
John Shewmaker
Spoke in Opposition
Bill Robinson
Elsie Messman
Alfred Williams
Forrest Wilkins
Fredrick Sykes
Dana Sykes
Robert Torres
---End of Public Comment ---
Mayor Johnson closed the public hearing at 10:57 p.m.
ACTION: MOTION BY COUNCILMEMBER SHEWMAKER AND SECONDED BY
COUNCILMAN CASTELLANOS, FAILED 3-2 (LOPEZ-VIADO: NO, WU: NO,
JOHNSON: NO) to: Approve the Planning Commission's recommendation and adopt the
Ordinance
DEPARTMENTAL REGULAR MATTERS
None
MAYOR/COUNCILMEMBER REPORTS
None
CITY COUNCIL REQUEST FOR REPORTS STUDIES, OR INVESTIGATION
None
CITY COUNCIL COMMENTS
City Council unanimously thanked Assistant City Manager Bresciani for her service to the City
of West Covina and wished her good luck in future endeavors.
ADJOURNMENT
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The Regular Meeting was adjourned at 11:20 p.m., by Mayor Johnson. The next regularly
scheduled Regular City Council Meeting will be held on Tuesday, October 15, 2019 at 7:00 p.m.
in the Council Chamber, 1444 West Garvey Avenue South, West Covina, California.
Submitted by:
Carrie Gallagher, CMC
Assistant City Clerk
Lloyd Johnson
Mayor
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