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05-05-2020 - Regular Meeting - Minutes\I WEST CON CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY MAY 5, 2020, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Tony Wu Mayor Pro Tern Letty Lopez-Viado Councilman Dario Castellanos Councilman Lloyd Johnson Councilmember Jessica C. Shewmaker I_Tr7=I►1Us1 CALL TO ORDER A Regular Meeting was called to order by Mayor Wu on Tuesday, April 21, 2020 at 7:37 p.m. in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California. ROLL CALL Council Members Present: Council Members Dario Castellanos, Lloyd Johnson, Jessica Shewmaker, Mayor Pro Tern Letty Lopez-Viado, Mayor Tony Wu Council Members Absent: None Page 1 of 11 City Staff: David Carmany City Manager, Mark Persico Assistant City Manager, Thomas P. Duarte City Attorney, Lisa Sherrick Assistant City Clerk; other City staff presented reports and responded to questions as indicated in the minutes. INVOCATION Led by Assistant City Manager Mark Persico PLEDGE OF ALLEGIANCE Led by Councilman Johnson REPORTING OUT FROM CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code § 54956.9(d)(1) 1. Oscar Tirado v. City of West Covina, et al., (Los Angeles Superior Court, Case No. 19STCV27088) 2. Julian Gutierrez v. City of West Covina et al., (United States District Court, Central District, Case No. 2-18-CV-00781) CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Carmany, 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 • General Employees • Mid -Management Employees • W.C. Police Management Association Unrepresented Employee Group . Department Heads City Attorney Thomas P. Duarte reported regarding Gutierrez, vote 5-0 Council directed staff to pay plaintiff $400,000; in exchange plaintiff agreed to dismiss the lawsuit. Page 2 of 11 PROCLAMATIONS: • Lupus Awareness Month • Fibromyalgia Awareness Month • Mental Health Awareness Month ORAL COMMUNICATIONS - Five (5) minutes per speaker CITY MANAGER'S REPORT Presentation given by Mr. Carmany CONSENT CALENDAR ACTION: MOTION BY MAYOR PRO TEM LOPEZ-VIADO AND SECONDED BY COUNCILMAN JOHNSON, CARRIED 5-0 to: approve Consent Calendar Items 1-4, 6, and 8-14. (Items 5 and 7 pulled from the Consent Calendar by City Manager Carmany.) APPROVAL OF MEETING MINUTES 1) APRIL 21, 2020 CITY COUNCIL/SUCCESSOR AGENCY REGULAR MEETING MINUTES APRIL 21, 2020 CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES CARRIED 5-0 to: approve the April 21, 2020 Regular Meeting Minutes and the April 21, 2020 Closed Session Meeting Minutes. COMMISSION SUMMARY OF ACTIONS 2) SUMMARY OF ACTIONS FOR THE COMMUNITY AND SENIOR SERVICES COMMISSION MEETING OF JANUARY 14, 2020. CARRIED 5-0 to: receive and file the Summary of Actions for the January 14, 2020, regular meeting of the Community and Senior Services Commission. INVESTMENT REPORT 3) CONSIDERATION OF INVESTMENT REPORT FOR THE MONTH ENDED FEBRUARY 29, 2020 CARRIED 5-0 to: receive and file the Investment Report for the month ended February 29, 2020. Page 3 of 11 4) CONSIDERATION OF INVESTMENT REPORT FOR THE MONTH ENDED MARCH 31, 2020 CARRIED 5-0 to: receive and file the Investment Report for the month ended March 31, 2020. CITY MANAGER'S OFFICE 5) CONSIDERATION OF CONTRACT FOR MICROSOFT ENTERPRISE AGREEMENT WITH SOFTWAREONE (Item 5 was removed from the Agenda by City Manager Carmany.) 6) CONSIDERATION OF RESOLUTION NO. 2020-41 EXTENDING THE LOCAL EMERGENCY DECLARATION CARRIED 5-0 to: adopt Resolution 2020-41 as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY PROCLAIMED ON MARCH 16, 2020 7) CONSIDER APPROVAL OF UPDATED BUDGET AND FINANCIAL POLICIES (Item 7 was removed from the Agenda by City Manager Carmany.) COMMUNITY DEVELOPMENT 8) CONSIDERATION OF RENEWAL OF LANDSCAPE MAINTENANCE DISTRICT NO.4 — ORDERING OF ENGINEER'S REPORT AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT CARRIED 5-0 to: adopt the following resolutions: 1. Adopt the following resolution: RESOLUTION NO. 2020-27 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE PREPARATION AND FILING OF A REPORT REGARDING THE FISCAL YEAR 2020-21 ASSESSMENT TO BE LEVIED IN CONNECTION WITH LANDSCAPE MAINTENANCE DISTRICT NO. 4 2. Following adoption of Resolution No. 2020-27, adopt the following resolution: Page 4 of I 1 RESOLUTION NO. 2020-28 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2020-21 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS 9) CONSIDERATION OF RENEWAL OF LANDSCAPE MAINTENANCE DISTRICT NO. 6 — ORDERING OF ENGINEER'S REPORT AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT CARRIED 5-0 to: adopt the following resolutions: 1. Adopt the following resolution: RESOLUTION NO. 2020-29 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE PREPARATION AND FILING OF A REPORT REGARDING THE FISCAL YEAR 2020-21 ASSESSMENT TO BE LEVIED IN CONNECTION WITH LANDSCAPE MAINTENANCE DISTRICT NO. 6 2. Following adoption of Resolution No. 2020-29, adopt the following resolution: RESOLUTION NO. 2020-30 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2020-21 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS 10) CONSIDERATION OF RENEWAL OF LANDSCAPE MAINTENANCE DISTRICT NO. 7 — ORDERING OF ENGINEER'S REPORT AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT CARRIED 5-0 to: adopt the following resolutions: 1. Adopt the following resolution: RESOLUTION NO. 2020-31 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE PREPARATION AND FILING OF A REPORT REGARDING THE FISCAL YEAR 2020-21 ASSESSMENT TO BE LEVIED IN Page 5 of I 1 CONNECTION WITH LANDSCAPE MAINTENANCE DISTRICT NO. 7 2. Following adoption of Resolution No. 2020-31, adopt the following resolution: RESOLUTION NO. 2020-32 —A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2020-21 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS 11) CONSIDERATION OF RENEWAL OF THE CITYWIDE LIGHTING AND MAINTENANCE DISTRICT AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT CARRIED 5-0 to: adopt the following resolutions: 1. Adopt the following resolution: RESOLUTION NO. 2020-33 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE PREPARATION AND FILING OF A REPORT REGARDING THE FISCAL YEAR 2020-21 ASSESSMENT TO BE LEVIED IN CONNECTION WITH THE CITY'S CITYWIDE LIGHTING AND MAINTENANCE DISTRICT 2. Following adoption of Resolution No. 2020-33, adopt the following resolution: RESOLUTION NO. 2020-34 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE LIGHTING AND MAINTENANCE DISTRICT, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2020-21 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS 12) CONSIDERATION OF WEST COVINA CITYWIDE SEWER SERVICE CHARGE - RESOLUTION OF INTENTION TO COLLECT SEWER SERVICE CHARGES ON COUNTY TAX ROLL FOR FY 2020-21 AND SETTING A PUBLIC HEARING DATE ON THE CHARGES CARRIED 5-0 to: adopt the following resolution Page 6 of 11 RESOLUTION NO. 2020-36 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING ITS INTENTION TO COLLECT SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR FISCAL YEAR 2020-21 AND SETTING JUNE 16, 2020 FOR A PUBLIC HEARING REGARDING THE CHARGES TO BE SO COLLECTED HUMAN RESOURCES/RISK MANAGEMENT 13) CONSIDERATION OF AUTHORIZATION TO PARTICIPATE IN THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (CJPIA) FOR THE CITY'S GENERAL LIABILITY AND WORKERS' COMPENSATION AND OTHER INSURANCE NEEDS CARRIED 5-0 to: take the following actions: 1. Authorize the City's withdrawal from the California State Association of Counties (CSAC) Excess Insurance Authority effective July 1, 2020. 2. Authorize the City to join the California Joint Powers Insurance Authority (CJPIA) and pool the City's self-insurance general liability and workers' compensation insurance through the CJPIA programs by adopting the following resolutions: RESOLUTION NO. 2020-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING EXECUTION OF THE JOINT POWERS AGREEMENT CREATING THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY RESOLUTION NO. 2020-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO AUTHORIZE AND APPROVE POOLING OF SELF-INSURANCE THROUGH THE EXCESS LIABILITY PROTECTION PROGRAM OF THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY RESOLUTION NO. 2020-39 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO AUTHORIZE AND APPROVE POOLING OF SELF-INSURANCE THROUGH THE EXCESS WORKERS' COMPENSATION PROGRAM OF THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY RESOLUTION NO. 2020-40 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PROVIDING WORKERS' COMPENSATION COVERAGE FOR CERTAIN CITY OF WEST COVINA VOLUNTEERS PURSUANT TO THE PROVISIONS OF SECTION 3363.5 OF THE LABOR CODE Page 7 of 11 3. Authorize the City Manager to negotiate and execute the Joint Powers Agreement and any related documents. 4. Authorize the use of CJPIA for the City's other insurance needs, such as property, automobile, cyber and crime and authorize the City Manager to execute any related documents. 5. Authorize the City Manager to negotiate and execute Third -Party Administrator (TPA) Agreements with Carl Warren and Company for General Liability Claims Administration and Sedgwick for Workers' Compensation Claims Administration and any related documents. 6. Authorize the Finance Director to fund and replenish reserve funds for the payment of the self -insured retention (SIR) portion of general liability claims with Carl Warren and Company and Workers' Compensation claims with Sedgwick; and 7. Approve the Certification of Director and Alternate(s) to CJPIA, appointing Councilman Dario Castellanos as Director, and appointing City Manager David Carmany, Mayor Tony Wu, Mayor Pro Tern Letty Lopez-Viado, Councilman Lloyd Johnson, and Councilmember Jessica Shewmaker as alternates to represent the City Council. PUBLIC SERVICES 14) CONSIDERATION OF THE SALE OF SURPLUS VEHICLES AND EQUIPMENT CARRIED 5-0 to: authorize the sale of the surplus vehicles listed below by the public auction company US Auctions. Item 0 unit Year/Make/Model IN/Serial Number Mileage Fundin g Ce Category** 1 108 2001 GMC W4 KDB4B1R31J802555 124,086110 1,2 2 109 11992GMC3500 1GDJC34KXNE540972 107,7251110 T1,2 3 112 1980 Ford C-700 C701fVHD5743 80,142 110 1,2 119 1998 Ford LT8501 1FDZW86E6WVA3999641,321 110 1,2,4 Vactor Jetter 5 _ 123 1993 GMC C-2500 1GDGC24K3PE549956 1124,9391110 1,2 6 1124 11993 GMC C-2500 1GDHC34K6PE557852 189,925 1110 1,2,4 7 135 1992 GMC 3500 W/Hyd Lift 1GDJC34K9NE541546 120,950110 1,2 8 136 1999 GMC Dump 4KLB4B1R5XJ004300 F 135,556110 1,2 Truck _ 9 1137 12001 Ford F350 1FDWW36S81EA36196 1122593 I10 1,2 10 140 1985 Case 480E 19864196 1,618 110 1,2,4 Loader Page 9 of l l 11 141 1987 Case Roller 8408675560 991 110 1,2,4 W252 12 146 1988 GMC stake J8DM7A1N6J3201218 46,075 110 1,2 Bed Dump 13 11148 1993 GMC C-3500 IGDHC34KOPE557247 _ 79,489 I110 11,2 14 162 1988 John Deere DW544ED518283 6,386 110 1,2 544E Loader 15 203 12007 Ford F-150 1FTRF12W97KC61462 157,794110 1,2,3 16 204 12007 Ford F-150 1FTRF12W07KC61463 149,720�110 1,2,3 17 213 1992 GMC 3500 IIGDJC34K6NE541486 195,472 110 1,2,3 FA6981982 CAT � C 528 N/A _ 110 1,2,3 18 713 Generator 19 1718 11985 Case Backhoe 11025944 /A 1110 11,2,3 20T142 1987 Zieman Trailer 1ZCT21S24HZP13427 /A 110 1,2,3,4 � 21 T190 2005 Pressure Washer & Trailer /A /A 110 1,2,3,4 22 STA4 1979 Onan Generator C78311584 /A 110 1,2,4 I23 B 18 12006 Ford Mustang ItZVFT8ONl65244843 1160,472117 1,2,4 24 D13 2007 Chevrolet G1WT58N579288606 113,663117 1,2,4 mpala 15 47 1991 GMC Sonoma 11GTCT14Z8M8518495 43,108 J110 11,2,3 26 45 1990 GMC C-2500 1GTFC241`12LZ555674 118,442 1110 1,2,3,4 27 P29 2011 Ford 2FABP7BV8BX176231 89,810 117 1,2,4 Interceptor 28 P16 2011 Ford 2FABP7BVOBX176109 116,513117 1,2,4 Interceptor 29 IP46 11993 GMC 3500 JIGTHC33FOPJ757576 169,710 1110 1,2,3,4 30 D34 2006 Ford Crown 2FAHP71W36X155068 100,225110 Victoria END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 15) CONSIDERATION OF CODE AMENDMENT NO. 16-03 - WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY Council Member Shewmaker requested to amend from 250 feet to 500 feet separation between facilities/poles, and Councilman Johnson Page 9 of 11 requested that all applications go through Planning Commission and then to City Council for final approval. ACTION: MOTION BY COUNCILMAN JOHNSON AND SECONDED BYMAYOR WU, CARRIED 5-0 as amended to: approve Zoning Code Amendment as follows: ORDINANCE NO. 2470 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING CODE AMENDMENT NO. 16-03, RELATED TO WIRELESS TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT-OF-WAY 16) CONSIDERATION OF CODE AMENDMENT NO. 20-02 - COMMERCIAL LAND USES AND STANDARDS ACTION: MOTION BY COUNCILMAN CASTELLANOS AND SECONDED BY COUNCILMAN JOHNSON CARRIED 5-0 to: consider a Zoning Code Amendment as follows: ORDINANCE NO. 2472 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING CODE AMENDMENT NO. 20-02, CODE AMENDMENT RELATED TO COMMERCIAL (NONRESIDENTIAL) USES AND STANDARDS MAYOR/COU NC I LM EMBERS REPORTS None CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION None CITY COUNCIL COMMENTS None (THIS SPACE IS INTENTIONALLY LEFT BLANK) Page 10 of I I ADJOURNMENT A motion to adjourn the Regular Meeting was made by Mayor Wu, and the meeting was adjourned at 8:55 p.m. The next regularly scheduled Regular City Council Meeting will be held on Tuesday, May 19, 2020 at 7:00 p.m. in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California. Submitted by: A � TA" Lisa Sherri Assistant i Clerk Page 11 of 11