04-06-2021 - Regular Meeting - MinutesWEST CON
CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
APRIL 06, 2021, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Letty Lopez-Viado
Mayor Pro Tern Dario Castellanos
Councilwoman Rosario Diaz
Councilmember Brian Tabatabai
Councilman Tony Wu
MINUTES
CALL TO ORDER
A Regular Meeting was called to order by Mayor Lopez-Viado on Tuesday, April 06, 2021 at 7:00
p.m. in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California.
INVOCATION
Led by Pastor Okubo from Immanuel First Lutheran Church
PLEDGE OF ALLEGIANCE
Led by Mayor Letty Lopez-Viado
ROLL CALL
Present: Council Members Brian Tabatabai, Tony Wu, Rosario Diaz, Mayor Pro Tern Castellanos,
Mayor Lopez-Viado.
Council Members
Absent: None
City Staff: David Carmany 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.
Page #1
ARTICLE II (HEALTH CODE) OF CHAPTER 13 (HEALTH AND SANITATION)
OF THE WEST COVINA MUNICIPAL CODE TO ADOPT BY REFERENCE
DIVISION 1 (PUBLIC HEALTH) OF TITLE 11 (HEALTH AND SAFETY),
INCLUDING THE RULES AND REGULATIONS APPENDED THERETO, AND
DIVISION 1 (PUBLIC HEALTH LICENSES) OF TITLE 8 (CONSUMER
PROTECTION, BUSINESSAND WAGE REGULATIONS) OF THE LOS
ANGELES COUNTY CODE
MAYOR/COUNCILMEMBERS REPORTS
AB 1234 Conference and Meeting Report (verbal, if any)
(In accordance with AB 1234, Councilmembers shall make a brief report or file a written
report on anymeeting/event/conference attended at City expense.)
16) REQUEST FOR CONSIDERATION FROM MAYOR LOPEZ-VIADO REQUESTING
BACKGROUNDCHECKS
Carried 5-0 to: provided direction to staff.
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 Lopez-Viado, and the meeting was
adjourned at 11:34 p.m. The next regularly scheduled Regular City Council Meeting will be held on
Tuesday, April 20, 2021 at 7:00 p.m. in the Council Chambers, 1444 West Garvey Avenue South,
West Covina, California.
Submitted by:
Lisa Sherrick
Assistant Ci Clerk
o pT n
Mayor
Page #10
REPORTING OUT FROM CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code
§ 54956.9(d)(1)
1. Jesse Miller v. City of West Covina, et al. (Los Angeles Superior Court Case No.: 18STCV08613)
2. Inland Oversight Committee v. City of West Covina; (LA Superior Court, Case No. 20STCP02115)
3. City of West Covina v. BICEP; (LA Superior Court, Case No. 20STCV45390)
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government
Code § 54956.8
Property: 8486-008-903
Agency Negotiator: Carmany, Morales,
Duarte Negotiating Parties: CCATT LLC
(Crown Castle)Under Negotiation: Price
and Terms of Payment
2. Property: 8731-020-900
Agency Negotiator: Carmany, Morales,
Duarte Negotiating Parties: CCATT LLC
(Crown Castle)Under Negotiation: Price
and Terms of Payment
3.CONFERENCE WITH LABOR
NEGOTIATORS Pursuant to Government
Code § 54957.6
City Negotiators: Carmany,
DuarteEmployee
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 3226General Employees
•Mid -Management Employees
• W.C. Police Management Association
Unrepresented Employee Group
• Department Heads
PRESENTATIONS
• Proclamation for Telecommunications Week
Proclamation for Donate Life Month
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ORAL COMMUNICATIONS - Five (5) minutes per speaker
Bill Elliot.
Jerri Potras
Mike Greenspan
John Shewmaker
Armando Herman
Jim Grivich
George Ogden
Yvonne Diaz
Carolina
Emylou Vergol
Jefferson DeRoux
Yusuf Arifin
Spitfire Ramirez
CITY MANAGER'S REPORT
Presentation given by Mr. Carmany.
CONSENT CALENDAR
ACTION: Motion by Mayor Pro Tem Castellanos, Second by Councilwoman Diaz 5-0 to:
Approve Consent Calendar Items 1,2,4,5,6,8,9, and 10.
ACTION: Motion by Councilwoman Diaz, Second by Mayor Pro Tem Castellanos 4-1 to:
Approve Consent Calendar Items 3. (Item was pulled for discussion by councilmember Tabatabai.)
ACTION: Motion by Councilman Wu, Second by Mayor Pro Tem Castellanos 5-0 to: Approve
Consent Calendar Items 7(ltem was pulled for discussion by councilmember Tabatabai.)
APPROVAL OF MEETING MINUTES
1) MARCH 16, 2021, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION
MEETING MINUTES MARCH 16, 2021, CITY COUNCIL/SUCCESSOR AGENCY
REGULAR SESSION MEETING MINUTES
Carried 5-0 to: approve the March 16, 2021, Closed Session Meeting Minutes, and the
March 16, 2021, Regular Session Meeting Minutes.
COMMISSION SUMMARY OF ACTIONS
2) COMMUNITY AND SENIOR SERVICES COMMISSION MEETING MINUTES FOR
THE NOVEMBER10, 2020 REGULAR MEETING
Carried 5-0 to: receive and file the minutes of the November 10, 2020 regular meeting
ofthe Community and Senior Services Commission.
CITY MANAGER'S OFFICE
Page #3
3) CONSIDERATION OF RESOLUTION NO. 2021-25 DETERMINING THERE IS A
NEED TO CONTINUETHE LOCAL EMERGENCY
Carried 4-1 (No: Tabatabai) to: adopt the following resolution:
RESOLUTION NO. 2021-25 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WESTCOVINA, 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, SEPTEMBER 15, 2020, OCTOBER 6, 2020, OCTOBER 20, 2020,
NOVEMBER 17, 2020,
DECEMBER 1, 2020, JANUARY 19, 2021, FEBRUARY 16, 2021 AND
MARCH 16, 2021 COMMUNITY DEVELOPMENT
4) CONSIDERATION OF BUDGET AMENDMENT FOR LOCAL
ENFORCEMENT AGENCY REGULATORY COMPLIANCE SERVICES
Carried 5-0 to: approve the following Resolutions:
RESOLUTION NO. 2021-18 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WESTCOVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2020, AND ENDING JUNE 30,
2021
5) CONSIDERATION OF RELEASE OF FAITHFUL PERFORMANCE, LABOR AND
MATERIAL ANDWARRANTY BONDS FOR TRACT MAP NO. 52590 - TAYLOR
MORRISON OF CALIFORNIA, LLC
Carried 5-0 to: accept all on -site and off -site improvements for Tract No. 52590,
completed by Taylor Morrison of California, LLC (Administrative Use Permit 14-55
through 14-38 and 15-03 through 15-07) and authorize the release of Faithful
Performance, Labor and Material and Warranty Bonds in theamounts of $61,488,
$61,488 and $85,629 respectively.
FINANCE DEPARTMENT
6) CONSIDERATION OF RESOLUTION AUTHORIZING THE INVESTMENT OF FUNDS
IN THE STATEOF CALIFORNIA LOCAL AGENCY INVESTMENT FUND AND
DESIGNATING AUTHORIZED SIGNATORIES
Carried 5-0 to: that the City Council, acting as the Successor Agency of the West
Covina RedevelopmentAgency, adopt the following resolution:
RESOLUTION NO. 2021-23 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WESTCOVINA, CALIFORNIA, ACTING AS THE SUCCESSOR
Page #4
AGENCY TO THE WEST COVINA REDEVELOPMENT AGENCY AUTHORIZING
THE INVESTMENT OF FUNDS IN THE STATE OF CALIFORNIA LOCAL
AGENCY INVESTMENT FUND, DESIGNATING AUTHORIZED STAFF AS
AUTHORIZED SIGNATORIES AND RESCINDING RESOLUTION 2015-59
7) CONSIDERATION OF WEST COVINA FINANCIAL RECOVERY PLAN
Carried 5-0 to: approve the Financial Recovery Plan.
HUMAN RESOURCES/RISK MANAGEMENT
8) CONSIDERATION OF RESOLUTION AMENDING THE SALARY SCHEDULE
FOR FULL-TIME CLASSIFICATIONS FOR THE CITY OF WEST COVINA
Carried 5-0 to: adopt the following resolution:
RESOLUTION NO. 2021-24 - A RESOLUTION OF THE WEST COVINA CITY
COUNCIL APPROVING AN AMENDED SALARY SCHEDULE FOR FULL-TIME
CLASSIFICATIONS OF THE CITY OF WESTCOVINA
PUBLIC SERVICES
9) CONSIDERATION OF APPLICATION FOR GRANT FUNDS FROM THE
CALIFORNIA DEPARTMENT OF PARKS AND RECREATION UNDER THE
CALIFORNIA DROUGHT, WATER,PARKS, AND OUTDOOR ACCESS FOR ALL
ACT OF 2018 (PROPOSITION 68)
Carried 5-0 to: adopt the following Resolution:
RESOLUTION NO. 2021-19 - RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, APPROVING
APPLICATION(S) FOR PER CAPITA GRANTFUNDS FROM THE STATE
DEPARTMENT OF PARKS AND RECREATION
10) CONSIDERATION OF ORDINANCE ADOPTING CALIFORNIA UNIFORM PUBLIC
CONSTRUCTIONACT COST ACCOUNTING ACT PROCEDURES
Carried 5-0 to: introduce the first reading, by title only, further reading waived, the
following ordinance:
ORDINANCE NO. 2477 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, REPEALING ARTICLE X (PUBLIC
WORKS CONTRACTS) OF CHAPTER 19 (STREETS, SIDEWALKS AND
PUBLIC PLACES) AND ADDING DIVISION 3 (CONTRACTING FOR PUBLIC
PROJECTS) TO ARTICLE VII (PURCHASES AND SALES) OF CHAPTER 2
(ADMINISTRATION) OF THE WEST COVINA MUNICIPAL CODE
END OF CONSENT CALENDAR
Page #5
HEARINGS
PUBLIC HEARINGS
11) CONSIDERATION OF CONSTRUCTION, LEASE PURCHASE, AND RENEWABLE
ENERGY CREDITAGREEMENTS IN CONNECTION WITH THE ENERGY SYSTEMS
UPGRADES PROJECT
Mayor Lopez-Viado announced the Public Hearing matter, Assistant City Clerk Lisa
Sherrick verified that proper legal notice was given, and Mayor Lopez-Viado opened
the Public Hearing. Alliance representative Brad Chapman presented the staff report
with the use of a PowerPoint presentation. Staff responded to questions from Council.
Public Comments in Favor
None
Public Comments in Opposition
None
---End of Public Comment ---
ACTION: AMENDED MOTION BY COUNCILMAN WU AND SECONDED BY MAYOR
PRO TEM CASTELLANOS, Carried 5-0 to: include the amendments made by
Councilman Wu and take the following actions:
t. Conduct the public hearing, and
2. At the conclusion of the public hearing, consider adoption of the following resolution:
RESOLUTION NO. 2021-26 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE EXECUTION
AND DELIVERY OF A CONSTRUCTION AGREEMENT AND LEASE
PURCHASE AGREEMENTS AND MAKING FINDINGS REQUIRED BY
GOVERNMENT CODE SECTION 4217.10 ET SEQ. IN CONNECTIONWITH THE
CITY'S ENERGY SYSTEMS UPGRADES PROJECT
3. Authorize the City Manager to negotiate and execute any amendments to the
agreements authorized by the Resolution.
4. Authorize the City Manager to negotiate and execute renewable energy credit
agreements.
12) CONSIDERATION OF APPEAL OF THE PLANNING COMMISSION'S
Page #6
APPROVAL OF CONDITIONAL USE PERMIT (CUP) NO. 20-07, SLIGHT
MODIFICATION NO. 20-01 ANDSUBCOMMITTEE FOR DESIGN REVIEW
NO. 20-36 AT 1208 S. HOLLENCREST DRIVE.
Mayor Lopez-Viado announced the Public Hearing matter, Assistant City Clerk Lisa
Sherrick verified that proper legal notice was given, and Mayor Lopez-Viado opened
the Public Hearing. Planning Manager Jo -Anne Burns presented the staff report with
the use of a PowerPoint presentation. Staff responded to questions from Council.
Public Comments in Favor
Applicant Representative, Fernando Solis
Public Comments in Opposition
Appellant, Carlos Garay
Paul Maselbas
---End of Public Comment ---
ACTION: MOTION BY COUNCILWOMAN DIAZ AND SECONDED BY MAYOR PRO
TEM CASTELLANOS, Carried 5-0 to: adopt the following Resolutions:
RESOLUTION NO. 2021-21: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WESTCOVINA, CALIFORNIA, UPHOLDING THE PLANNING
COMMISSION'S DECISION AND APPROVING CONDITIONAL USE PERMIT
NO. 20-07 AND SUBCOMMITTEE FOR DESIGN REVIEW NO. 20-36 AT 1208
S. HOLLENCREST DRIVE
RESOLUTION NO. 2021-22: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WESTCOVINA, CALIFORNIA, UPHOLDING THE PLANNING
COMMISSION'S DECISION AND APPROVING SLIGHT MODIFICATION NO.
20-01 AT 1208 S. HOLLENCREST DRIVE
13) CONSIDERATION OF ORDINANCE AMENDING PORTIONS OF CHAPTER 26 OF
THE MUNICIPALCODE PERTAINING TO ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS
Mayor Lopez-Viado announced the Public Hearing matter, Assistant City Clerk Lisa
Sherrick verified that proper legal notice was given, and Mayor Lopez-Viado opened
the Public Hearing. Planning Manager Jo -Anne Burns presented the staff report with
the use of a PowerPoint presentation. Staff responded to questions from Council.
Page #7
Public Comments in Favor
None
Public Comments in Opposition
None
---End of Public Comment ---
ACTION: AMENDED MOTION BY COUNCILMAN WU AND SECONDED BY MAYOR
PRO TEM CASTELLANOS, Carried 5-0 to: introduce, by title only, further reading
waived, the following ordinance with the provision that second address for ADUs/JADUs
be prohibited:
ORDINANCE NO. 2480 - AN ORDINANCE OF THE CITY COUNCIL OF WEST
COVINA, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 26 OF THE
MUNICIPAL CODE TO AUTHORIZE ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITSCONSISTENT WITH STATE LAW
REQUIREMENTS
14) CONSIDERATION OF FY 2020-2024 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG)CONSOLIDATED PLAN
Mayor Lopez-Viado announced the Public Hearing matter, Assistant City Clerk Lisa
Sherrick verified that proper legal notice was given, and Mayor Lopez-Viado opened
the Public Hearing. Public Services Manager Kelly McDonald presented the staff report
with the use of a PowerPoint presentation. Staff responded to questions from Council.
Public Comments in Favor
None
Public Comments in Opposition
Peter Dien (As noted by the agenda position slip in lieu of speaking)
Gabriel Rodriguez (As noted by the agenda position slip in lieu of speaking)
Yusuf Arifin (As noted by the agenda position slip in lieu of speaking)
---End of Public Comment ---
ACTION: MOTION BY COUNCILMAN WU AND SECONDED BY MAYOR PRO TEM
CASTELLANOS, Carried 5-0 to: take the following actions:
i. Approve the proposed FY 2020-2024 CDBG Consolidated Plan; and
2. Approve the following Resolution:
Page #8
RESOLUTION NO. 2021-20 — A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WESTCOVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT
FOR THE FISCAL YEAR COMMENCING JULY 1, 2020 AND ENDING JUNE 30,
2021 (CDBG CONPLAN)
15) CONSIDERATION OF ORDINANCES RELATED TO ESTABLISHING
LOCAL HEALTH DEPARTMENT
Mayor Lopez-Viado announced the Public Hearing matter, Assistant City Clerk Lisa
Sherrick verified that proper legal notice was given, and Mayor Lopez-Viado opened
the Public Hearing. Acting Assistant City Manager Paulina Morales presented the staff
report with the use of a PowerPoint presentation. Staff responded to questions from
Council.
Public Comments in Favor
None
Public Comments in Opposition
Angie Gillingham
Dana Sykes
Fredrick Sykes
R. Robinson
Jefferson DeRoux
Jerri Potras (As noted by the agenda position slip in lieu of speaking)
---End of Public Comment ---
ACTION: MOTION BY MAYOR PRO TEM CASTELLANOS AND SECONDED BY
COUNCILWOMAN DIAZ, Carried 4-1 (No: Tabatabai) to: adopt ordinance no. 2478:
ORDINANCE NO. 2478 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, AMENDING SECTION 2-236
(EXEMPT POSITIONS) OF DIVISION 3 (PERSONNEL SYSTEM) OF ARTICLE
V (EMPLOYEES) OF CHAPTER 2 (ADMINISTRATION)OF THE WEST COVINA
MUNICIPAL CODE
ACTION: MOTION BY MAYOR PRO TEM CASTELLANOS AND SECONDED BY
COUNCILWOMAN DIAZ, Carried 4-1 (No: Tabatabai) to: adopt ordinance no. 2479:
ORDINANCE NO. 2479 - AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING
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