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Item No. 1 - April 20, 2021 MEETING MINUTES APPROVALAGENDA ITEM NO. 1 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: May 4, 2021 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: APRIL 20, 2021, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES APRIL 20, 2021, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES RECOMMENDATION: DISCUSSION: That the City Council adopt the attached minutes. Prepared by: Lisa Sherrick Attachments Attachment No.I - 4/20/2021 Closed Session Minutes Draft Attachment No.2 - 4/20/2021 Regular Session Minutes Draft CITY Enhance the City Image and Effectiveness COUNCIL GOALS & OBJECTIVES: 4/20/2021 Closed Session Minutes Draft Attachment #1 NEST CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY APRIL 20, 2021, 6:00 PM REGULAR MEETING -CLOSED SESSION MANAGEMENT RESOURCE CENTER 3RD FLOOR 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 Closed Session Meeting was called to order by Mayor Lopez-Viado on Tuesday, April 20, 2021 at 6:00 p.m., in the Management Resource Center Conference Room on the 3'd Floor, 1444 West Garvey Avenue South, West Covina, California ROLL CALL Council Members Present: Council Members Tony Wu, Brian Tabatabai, Rosario Diaz, Mayor Pro Tem Castellanos, Mayor Lopez-Viado. Council Members Absent: None City Staff: David Carmany City Manager, Thomas P. Duarte City Attorney, Helen Tran Human Resources Director, Robbeyn Bird Finance Director, Paulina Morales Economic Development Manager, Richard Bell Police Chief, Derek Straatsma Goldman Magdalin & Krikes Outside Counsel, Danny Yoo Liebert Cassidy Whitmore Outside Counsel, Myrna Castanon Castanon Law Outside Counsel Page #1 4/20/2021 Closed Session Minutes Draft Attachment #1 PUBLIC COMMENTS ON ITEMS ON THE AGENDA Jim Rudruff 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. Patrick Benschop vs. City of West Covina (Workers Compensation Appeals Board - Marina Del Ray Case No,ADJ12512460) 2. 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 3226General Employees •Mid -Management Employees • W.C. Police Management Association Unrepresented Employee Group • Department Heads REPORTING OUT None -This Section has intentionally been left blank - Page #2 4/20/2021 Closed Session Minutes Draft Attachment #1 ADJOURNMENT A motion to adjourn the Closed Session Meeting was made by Mayor Lopez-Viado, and the meeting was adjourned at 7:OOp.m. The next regularly scheduled Closed Session City Council Meeting will be held on Tuesday May 4, 2021 at 6:00 p.m. in the Management Resource Center Conference Room, 3'd Floor, 1444 West Garvey Avenue South, West Covina, California. Submitted by: Lisa Sherrick Assistant City Clerk Letty Lopez-Viado Mayor Page #3 4/20/2021 Regular Session Minutes Draft Attachment #2 VEST CRlk� CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY APRIL 20, 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 Tem 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 20, 2021 at 7:00 p.m. in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California. INVOCATION Led by Pastor Matt Chavez from One and All Church West Covina PLEDGE OF ALLEGIANCE Led by Councilwoman Diaz ROLL CALL Present: Council Members Brian Tabatabai, Tony Wu, Rosario Diaz, Mayor Pro Tern Castellanos, Mayor Lopez-Viado. Council Members Page #1 4/20/2021 Regular Session Minutes Draft Attachment #2 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. REPORTING OUT FROM CLOSED SESSION None 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. Patrick Benschop vs. City of West Covina (Workers Compensation Appeals Board - Marina Del Ray Case No,ADJ12512460) 2. 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 3226General Employees •Mid -Management Employees • W.C. Police Management Association Unrepresented Employee Group • Department Heads PRESENTATIONS • Proclamation for Global Love Day: The Love Foundation Announces the 18th Annual "GLOBAL LOVE DAY"- May1, 2021. ORAL COMMUNICATIONS - Five (5) minutes per speaker • Elsie Messman • Jerri Potras • John Carson • David Williams • Armando Herman • Mike Greenspan Page #2 4/20/2021 Regular Session Minutes Draft Attachment #2 • Yvonne Diaz • Carolina Martinez • Jay Meader • George Ogden • Gabriel Rodriguez • Steve Bennett • Dana Sykes • Fredrick Sykes • Colleen Rozatti CITY MANAGER'S REPORT Presentation given by Mr. Carmany. CONSENT CALENDAR ACTION: Motion by Councilman Wu, Second by Councilmember Tabatabai 5-0 to: Approve Consent Calendar Items 1,2,3,4,5,6,7,9, and 10. ACTION: Motion by Mayor Pro Tern Castellanos, Second by Councilwoman Diaz 4-1 (No: Tabatabai) to: Approve Consent Calendar Item 8. (Item 8 was pulled for discussion by Councilmember Tabatabai). APPROVAL OF MEETING MINUTES 1) APRIL 6, 2021, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES APRIL 6, 2021, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES Carried 5-0 to: approve the April 6, 2021, Closed Session Meeting Minutes, and the April6, 2021, Regular Session Meeting Minutes. ORDINANCES FOR ADOPTION - Procedural Waiver. Waive full reading of each ordinance on the agenda andauthorize the approval of each ordinance by title only. 2) CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO. 2480 - CODEAMENDMENT NO. 19-06, PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS Carried 5-0 to: adopt the following ordinance: 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 Page #3 4/20/2021 Regular Session Minutes Draft Attachment #2 CITY MANAGER'S OFFICE 3) CONSIDERATION OF RESOLUTION 2021-31 DESIGNATING MAY AS GANG AWARENESS ANDPREVENTION MONTH Carried 5-0 to: adopt the following resolution: RESOLUTION NO. 2021-31 - A RESOLUTION OF THE CITY OF WEST COVINA, CALIFORNIA, DESIGNATING MAY AS GANG AWARENESS AND PREVENTION MONTH COMMUNITY DEVELOPMENT 4) CONSIDERATION OF APPROVAL OF FINAL PARCEL MAP NO. 82866LOCATION: 711 N. AZUSA AVENUE SUBDIVIDER: AZUSA, LLC Carried 5-0 to: adopt the following resolution: RESOLUTION NO. 2021-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WESTCOVINA, CALIFORNIA, APPROVING FINAL MAP OF PARCEL MAP NO. 82866 LOCATED AT 711 N. AZUSA AVENUE 5) CONSIDERATION OF AGREEMENTS RELATED TO THE AZUSA AVENUE SEWER LIFT STATION UPGRADES - PROJECT NO. U-17022 Carried 5-0 to: take the following actions: t. Ratify the City Manager's execution of a Settlement Agreement with NV5, Inc. to contribute to the Azusa Avenue Sewer Lift Station Upgrades project and compensate the City an amount of $74,000 as construction cost recovery due to design issues discovered during the construction of the Azusa Avenue Sewer Lift Station Upgrades project, Project U-17022; 2. Approve and authorize the City Manager to execute a First Amendment to the Professional Services Agreement with NV5 increasing the contract amount by $60,000, for a maximum compensation of $90,000; and 3. Adopt the resolution: RESOLUTION NO. 2021-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCALYEAR COMMENCING JULY 1, 2020 AND ENDING JUNE 30, 2021 FINANCE DEPARTMENT 6) CONSIDERATION OF AUDIT SERVICES CONTRACT Carried 5-0 to: accept the Audit Committee's recommendation and authorize the City Page #4 4/20/2021 Regular Session Minutes Draft Attachment #2 Manager to negotiate and execute an agreement with Van Lant & Fankhanel, LLP, to perform audit services forfiscal years 2021-2025, in an amount not to exceed $246,750. HUMAN RESOURCES/RISK MANAGEMENT 7) CONSIDERATION OF AMENDMENT TO AGREEMENT WITH VITAL MEDICAL SERVICES, LLC FOR COVID-19 SCREENING SERVICES Carried 5-0 to: take the following actions: i. Authorize the City Manager to negotiate and execute an amendment to the agreement with Vital Medical Services, LLC to provide for COVID-19 screening services increasing the maximum compensation to $40,000. s) CONSIDERATION OF JOB DESCRIPTION AND SALARY GRADE FOR PUBLIC HEALTH OFFICER Carried 4-1 (No: Tabatabai) to: establish the new job description and approve the salary grade for the Public Health Officer position, by adopting the following resolution: RESOLUTION NO. 2021-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WESTCOVINA, CALIFORNIA, APPROVING THE PUBLIC HEALTH OFFICER CLASS SPECIFICATIONS AND THE PAY GRADE FOR SAID CLASSIFICATION 9) CONSIDERATION OF JOB DESCRIPTION AND SALARY GRADE FOR MAINTENANCE SERVICES COORDINATOR Carried 5-0 to: approve the establishment of the Maintenance Services Coordinator and thejob description and pay grade for such classification, by adopting the following resolution: RESOLUTION NO. 2021-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WESTCOVINA, CALIFORNIA, APPROVING THE MAINTENANCE SERVICES COORDINATOR CLASS SPECIFICATIONS AND THE PAY GRADE FOR SAID CLASSIFICATION END OF CONSENT CALENDAR HEARINGS Page #5 4/20/2021 Regular Session Minutes Draft Attachment #2 PUBLIC HEARINGS 10) CONSIDERATION OF RESOLUTION NO. 2021-27 IMPOSING TERMS AND CONDITIONS OF EMPLOYMENT ON THE WEST COVINA FIRE MANAGEMENT ASSOCIATION PURSUANT TOGOVERNMENT CODE SECTIONS 3505.4, 3505.5, AND 3505.7 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. Staff responded to questions from Council. Public Comments in Favor None Public Comments neither in Favor nor in Opposition Steve Bennett Public Comments in Opposition None ---End of Public Comment --- ACTION: MOTION BY COUNCILMAN WU AND SECONDED BY COUNCILWOMAN DIAZ, Carried 5-0 to: take the following actions: i. Conduct a public hearing regarding the impasse between the City and the West Covina Fire ManagementAssociation. 2. At the conclusion of the public hearing, consider the following resolution for adoption: RESOLUTION NO. 2021-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WESTCOVINA, CALIFORNIA, IMPOSING TERMS AND CONDITIONS OF EMPLOYMENT ON THE WEST COVINA FIRE MANAGEMENT ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTIONS 3505.4, 3505.5, AND 3505.7 MAYOR/COUNCILMEMBERS REPORTS None Page #6 4/20/2021 Regular Session Minutes Draft Attachment #2 CITY COUNCIL REQUESTS FOR REPORTS, STUDIES, OR INVESTIGATION • Mayor Lopez-Viado requested a presentation with the District Attorney's office on policies and their potential impact on the City. • Mayor Lopez-Viado requested the City look into obtaining a metal detector for the City Council Chambers and provide an Active Shooter presentation to council. CITY COUNCIL COMMENTS None ADJOURNMENT A motion to adjourn the Regular Meeting was made by Mayor Lopez-Viado, and the meeting was adjourned at 9:04 p.m. The next regularly scheduled Regular City Council Meeting will be held or Tuesday, May 4, 2021 at 7:00 p.m. in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California. Submitted by: Lisa Sherrick Assistant City Clerk Letty Lopez-Viado Mayor Page #7