10-20-2020 - Regular Meeting - MinutesCITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
OCTOBER 20, 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
MINUTES
INVOCATION
Led by Pastor Mason Okubo from Immanuel First Lutheran Church
PLEDGE OF ALLEGIANCE
Led by Councilmember Shewmaker
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
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.
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CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Pursuant to Government Code § 54956.9(d)(4)
Number of Cases: Five (5)
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
1) Property: APN No. 8474-011-028
Agency Negotiator: Carmany, Persico, Morales, Duarte
Negotiating Parties: Waterford Property Company
Under Negotiation: Terms of Purchase and Sale Agreement
2) Property: APN No. 8486-008-905
Agency Negotiator: Carmany, Persico,
Negotiating Parties: Neryssa Flores
Under Negotiation: Lease Terms
3. 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
REPORTING OUT FROM CLOSED SESSION
City Attorney Thomas P. Duarte reported that no reportable action was taken during the closed
session meeting.
PRESENTATIONS
• November 3, 2020 Election Presentation
ORAL COMMUNICATIONS - Five (5) minutes per speaker
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• Gabriel Padua Rodriguez
• Mark Villanueva
• Steve Bennett
• JD
• Sophia Chavira
CITY MANAGER'S REPORT
Presentation given by Mr. Carmany.
CONSENT CALENDAR
ACTION: Motion by Councilman Castellanos, Second by Mayor Pro Tem Lopez-Viado 5-0
to: Approve Consent Calendar Items 1, 2, 3, 7, 8, 12, and 13.
ACTION: Motion by Councilman Castellanos, Second by Mayor Pro Tem Lopez-Viado
Carried 5-0 to: Table Consent Calendar Item 4. (Item 4 pulled for discussion from the Consent
Calendar by City Manager David Carmany).
ACTION: Motion by Councilman Castellanos, Second by Mayor Pro Tem Lopez-Viado
Carried 4-1 (No: Johnson) to: Approve Consent Calendar Item 5,
ACTION: Motion by Mayor Wu, Second by Mayor Pro Tem Lopez-Viado Carried 5-0 to:
Approve Consent Calendar Item 6. (Item 6 pulled for discussion from the Consent Calendar by
Mayor Pro Tem Lopez-Viado).
ACTION: Motion by Mayor Pro Tem Lopez-Viado, Second by Councilman Johnson
Carried 5-0 to: Approve Consent Calendar Item 9. (Item 9 pulled for discussion from the Consent
Calendar by Mayor Pro Tem Lopez-Viado).
ACTION: Motion by Councilman Johnson, Second by Councilman Castellanos Carried 4-1
(No: Shewmaker) to: Approve Consent Calendar Item 10. (Item 10 pulled for discussion from the
Consent Calendar by Councilmember Shewmaker).
ACTION: Motion by Councilmember Shewmaker, Second by Mayor Pro Tem Lopez-Viado
Carried 4-1 (No: Johnson) to: Approve Consent Calendar Item 11 with the understanding that
each firm will agree to the same terms and conditions regarding how residents are charged and
that residents are charged the same amount for the same service. (Item 11 pulled for discussion
from the Consent Calendar by Mayor Pro Tem Lopez-Viado).
APPROVAL OF MEETING MINUTES
1) OCTOBER 6, 2020 CITY COUNCILISUCCESSOR AGENCY CLOSED
SESSION MEETING MINUTES
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OCTOBER 6, 2020 CITY COUNCIL/SUCCESSOR AGENCY REGULAR
SESSION MEETING MINUTES
Carried 5-0 to: approve the October 6, 2020, Closed Session Meeting Minutes, and the
October 6, 2020 Regular Session Meeting Minutes.
CLAIMS AGAINST THE CITY
2) CONSIDERATION OF GOVERNMENT TORT CLAIMS
Carried 5-0 to: deny the following Government Tort Claims and the claimants to be
notified:
1. Geico ASO Ian Torres vs. City of West Covina
2. Vernanell Gibson vs. City of West Covina
CITY ATTORNEY'S OFFICE
3) CONSIDERATION OF ENGAGEMENT OF BEST BEST & KRIEGER LLP IN
CONNECTION WITH THE WHITHORN V. WEST COVINA AND TAYLOR V. CITY OF
WEST COVINA MATTERS
Carried 5-0 to: authorize the City Manager to negotiate and execute any documents
necessary for the continued engagement of Best Best & Krieger LLP to provide legal
services to the City in connection with the Whithorn v. West Covina and Taylor v. City
of West Covina matters.
CITY MANAGER'S OFFICE
4) CONSIDERATION OF RESOLUTION RATIFYING USE OF PEG FUNDS THE
EMERGENCY PURCHASE OF COUNCIL CHAMBERS AUDIO SYSTEM
ACTION: Motion by Councilman Castellanos, Second by Mayor Pro Tern Lopez-
Viado Carried 5-0 to: Table Consent Calendar Item 4. (Item 4 pulled for discussion from
the Consent Calendar by City Manager David Carmany).
It is recommended that the City Council approve a resolution approving a budget
amendment and ratifying the use of dedicated funding through the public, educational
and governmental (PEG) fund (Account No. 205.80.7001.7900) for the emergency
purchase of the new City Council Chambers audio system from Key Code Media, Inc., in
the amount of $75,210.38.
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5) CONSIDERATION OF RESOLUTION NO. 2020-105 CLARIFYING THE CITY
MANAGER'S EMERGENCY POWERS AND EXTENDING THE LOCAL
EMERGENCY DECLARATION
Carried 4-1 (No: Johnson) to: adopt the following resolution:
RESOLUTION NO. 2020-105 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, DETERMINING THE NEED TO
FURTHER CONTINUE THE LOCAL EMERGENCY PROCLAIMED ON MARCH
16, 2020 AND PREVIOUSLY CONTINUED ON APRIL 7, 2020, MAY 5, 2020,
JUNE 2, 2020, JUNE 23, 2020, JULY 21, 2020, AUGUST 18, 2020
AND SEPTEMBER 15, 2020, AND OCTOBER 6, 2020.
6) CONSIDERATION OF A RESOLUTION NO. 2020-107 EXPRESSING OPPOSITION
TO STATE PLANNING AND ZONING LEGISLATION THAT DIMINISHES LOCAL
CONTROL
Carried 5-0 to: adopt the following resolution:
RESOLUTION NO. 2020-107 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, EXPRESSING OPPOSITION TO
STATE PLANNING AND ZONING LEGISLATION THAT USURPS LOCAL
CONTROL AND EXPRESSING SUPPORT FOR CALIFORNIA CITIZENS FOR
LOCAL CONTROL
COMMUNITY DEVELOPMENT
7) CONSIDERATION OF ARCHITECTURAL SERVICES CONSULTANT LIST
Carried 5-0 to: take the following actions:
1.Approve Gynne Pugh Urban Studio and KTGY Architecture + Planning for the
architectural services consultant list. The cost of these services shall be paid by
project applicants through a reimbursement agreement.
2.Authorize the City Manager to negotiate and execute a Professional Services
Agreement with Gynne Pugh Urban Studio and KTGY Architecture + Planning for
architectural consulting services for a two-year period, commencing October 20,
2020 and ending October 19, 2022, with a possible two-year extension.
8) CONSIDERATION OF APPROVAL OF THE TRAFFIC COMMITTEE MEETING
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MINUTES AND TRAFFIC COMMITTEE RECOMMENDATIONS FROM THE
SEPTEMBER 8, 2020 TRAFFIC COMMITTEE MEETING
Carried 5-0 to: approve the Traffic Committee Meeting Minutes and Traffic Committee
recommendations from the September 8, 2020 Traffic Committee Meeting for the
following item:
1. Parking Conditions Review on Fairgrove Avenue
a. Request: The City received a request from the West Covina Police
Department to review the existing parking conditions on Fairgrove Avenue
due to various complaints received regarding loitering, littering, and
trespassing/congregating in the undeveloped areas past the gates.
b. Review Standard: The CAMUTCD Section 26.46. Parking, Standing, and
Stopping Signs (R7 and R8 Series) states the following: "No Parking Anytime
— Parking should be prohibited at locations where the prohibition is necessary
to accommodate other activities and objectives, such as street sweeping,
snow removal, public safety or preferential parking" and that "The NO
PARKING ANY TIME with arrow (R28(CA)) or without arrow (R26(CA)) signs
may be used to inform motorists of a parking prohibition at a specific location.
c. Recommendation: It was unanimously recommended to install No Parking
signs along the segment to serve as a productive countermeasure to improve
public safety along this segment of Fairgrove Avenue per the CAMUTCD
which includes the installation of signs on both sides of the segment indicating
the "No Parking" limits.
9) CONSIDERATION OF ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR FISCAL
YEAR 2017-18 RESIDENTIAL STREET REHABILITATION PROGRAM — PROJECT
NO. SP-18032
Carried 5-0 to: take the following actions:
1.Accept project completion for Fiscal Year 2017-18 Residential Street Rehabilitation
Program (Project No. SP-18032) as performed by Onyx Paving Company, Inc.,
with a final contract amount of $1,360,000; and
2.Authorize the recordation of Notice of Completion with the Los Angeles County
Recorder and the release of retention funds 35 days thereafter.
FINANCE DEPARTMENT
10) CONSIDERATION OF AUGUST FINANCIAL REPORT FOR FISCAL YEAR 2020-
21
Carried 4-1 (No: Shewmaker) to: receive and file the August Financial Report for Fiscal
Year 2020-21 and adopt Resolution No. 2020-108 to approve the budget amendments
attached to the report:
RESOLUTION NO. 2020-108 — A RESOLUTION OF THE CITY COUNCIL OF
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THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING BUDGET
AMENDMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 2020 AND
ENDING JUNE 30, 2021
FIRE DEPARTMENT
11) CONSIDERATION OF PROFESSIONAL SERVICE AGREEMENTS FOR FIRE
PREVENTATION PLAN CHECK SERVICES
Carried 4-1 (No: Johnson) to: take the following with the understanding that each firm
will agree to the same terms and conditions regarding how residents are charged and
that residents are charged the same amount for the same service.
1.Approve, by a majority vote of the entire City Council, dispensing with formal
bidding procedures and requirements in connection with the procurement of
plan check services by finding that it would be impracticable and uneconomical
to comply with such requirements and it would promote the public interest to
dispense with such requirements, in accordance with requirements of Section
2-330(b) of the West Covina Municipal Code.
2. Authorize the City Manager to negotiate and execute a Professional Services
Agreement with Susan Privitera-Johnson dba KJ Consultants for Fire Prevention
plan check and inspection services, for a term of one (1) year, with option to
extend the agreement for a maximum of four (4) successive one (1) year periods,
in an annual amount not -to -exceed $30,000.
3.Authorize the City Manager to negotiate and execute a Professional Services with
MAK Fire Protection Engineering and Consulting, Inc. for Fire Prevention plan
check services, for a term of one (1) year, with the option to extend the
agreement for a maximum of four (4) successive one (1) year periods, in an
annual amount not -to -exceed $15,000.
4. Authorize the City Manager to negotiate and execute a Professional Services
Agreement with PE Consulting Group, for Fire Prevention plan check services, for
a term of one (1) year, with the option to extend the agreement for a maximum of
four (4) successive one (1) year periods, in an annual amount not -to -exceed
$15, 000.
5.Authorize the City Manager to negotiate and execute future amendments to the
agreements.
POLICE DEPARTMENT
12) CONSIDERATION OF PURCHASE OF SIMULATOR TRAINING TECHNOLOGY
EQUIPMENT FOR POLICE DEPARTMENT
Carried 5-0 to: take the following action:
1. In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-
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333 (i)(2), and the findings of the West Covina Finance Department, find that
the U.S. General Services Administration (GSA) purchase contract #GS-OOF-
113DA satisfies West Covina's bid process, and authorize the purchase of a
comprehensive simulator training system, directly from Meggitt Training
Systems, for a total of $50,295.77, including taxes and fees, using previously
appropriated federal asset forfeiture funds.
PUBLIC SERVICES
13) WEST COVINA COMMUNITY SERVICES FOUNDATION FISCAL YEAR 2019-
2020 ANNUAL REPORT
Carried 5-0 to: receive and file this report.
END OF CONSENT CALENDAR
PUBLIC HEARINGS
14) PUBLIC HEARING TO CONSIDER CODE AMENDMNET NO. 20-07 TO ALLOW
REGULATE OFF -SALE (RETAIL SALES FOR OFF -SITE CONSUMPTION) OF BEER
AND WINE AS AN ACCESSORY USE TO A SERVICE STATION
Mayor Wu announced the Public Hearing matter, Assistant City Clerk Lisa Sherrick
verified that proper legal notice was given, and Mayor Wu opened the public hearing at
8:15 p.m. Planning Manager Jo -Ann Burns presented the report with the use of a Power
Point presentation.
Public Comments in Favor
Herb Redholtz
Eddie Elder
Isaac Alston
Sally Morales
Oscar Tiscareno
Rommel Ciprano
Edward Rigazzi
Satihder Shoker
Public Comments in ODDosition
Brian Tabatabi
Fredrick Sykes
Dana Sykes
Steve Bennett
Eileen Miranda Jimenez
Minerva Avila
Francis
JD
Robert Torres
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END OF PUBLIC COMMENT
Mayor Wu closed the public hearing at 9:19 p.m.
ACTION: Substitute Motion by Councilmember Shewmaker, Second by Councilman
Johnson Failed 2-3 (No: Castellanos, Lopez-Viado, Wu) to: approve the first reading
and bring it back for second reading with the requested information.
ACTION: Motion by Mayor Wu, Second by Mayor Pro Tem Lopez-Viado Carried 4-1
(No: Johnson) to: Table Item 14 to a future meeting. (Council has requested data be
gathered on gas stations that sell beer and wine from various Cities.)
Table Code Amendment No. 20-07 by:
1. Conducting a public hearing regarding Code Amendment No. 20-07; and
2.Introducing for first reading, by title only, further reading waived, the following
ordinance:
ORDINANCE NO. 2474 — AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA TO AMEND CHAPTER 26 OF
THE WEST COVINA MUNICIPAL CODE TO ALLOW ALCOHOL (BEER
AND WINE) SALES AT SERVICE STATIONS
Council recessed at 9:59 p.m. and reconvened at 10:05 p.m. with all Council Members present.
DEPARTMENTAL REGULAR MATTERS
CITY MANAGER'S OFFICE
15) CONSIDERATION OF RESOLUTION 2020-104 CONFORMING A WASTE
MANAGEMENT AGENCY AND DESIGNATING A LOCAL ENFORCEMENT
AGENCY FOR ENFORCEMENT OF A SOLID WASTE MANAGEMENT
PROGRAM
ACTION: Motion by Councilman Johnson, Second by Councilman Castellanos
Carried 5-0 to: take the following actions:
1.Adopt a resolution confirming a Waste Management Enforcement Agency and
designating a Local Enforcement Agency (Attachment No. 1):
RESOLUTION NO. 2020-104 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING A WASTE
MANAGEMENT ENFORCEMENT AGENCY AS A DIVISION OF THE FIRE
DEPARTMENT AND DESIGNATING A LOCAL ENFORCEMENT AGENCY
FOR ENFORCEMENT OF A SOLID WASTE MANAGEMENT PROGRAM
INTHE CITY OF WEST COVINA
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MAYOR/COUNCILMEMBERS REPORTS
None
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION
None
CITY COUNCIL COMMENTS
None
ADJOURNMENT
A motion to adjourn the Regular Meeting was made by Mayor Pro Tern Lopez-Viado, and the
meeting was adjourned at 10:55 p.m. The next regularly scheduled Regular City Council Meeting
will be held on Tuesday, November 17, 2020 at 7:00 p.m. in the Council Chambers, 1444 West
Garvey Avenue South, West Covina, California.
Submitted b
Lisa She ick
Assista City Clerk
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