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05-17-2022 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY MAY 17, 2022, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Dario Castellanos Mayor Pro Tern Rosario Diaz Councilwoman Lefty Lopez-Viado Councilmember Brian Tabatabai Councilman Tony Wu MINUTES CALL TO ORDER A Regular Session Meeting was called to order by Mayor Dario Castellanos on Tuesday, May 17, 2022 at 7:01 p.m., in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California INVOCATION Led by Pastor John Le from Xaris Church PLEDGE OF ALLEGIANCE Led by Mayor Castellanos ROLL CALL Present: Council Members Tony Wu, Brian Tabatabai, Letty Lopez-Viado, Mayor Castellanos. Page #1 5/17/2022 Regular Session Minutes Council Members Absent: Mayor Pro Tern Diaz City Staff: David Carmany City Manager, Paulina Morales Assistant City Manager, Thomas 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 PRESENTATIONS • Certificate recognizing West Covina Police Department Baker to Vegas 2022 Challenge Cup Relay • Proclamation recognizing National Police Week • Proclamation recognizing Public Works Week ORAL COMMUNICATIONS - Five (5) minutes per speaker Armando Herman Mike Greenspan Albert Ochoa John Shewmaker Bill Elliott Bill Robinson CITY MANAGER'S REPORT Presentation given by City Manager David Carmany CONSENT CALENDAR ACTION: Motion by Councilman Wu, Second by Councilwoman Lopez-Viado 4-0 (Absent: Diaz) to: Approve Consent Calendar Items 1, 2, 3, 4, 5, 6, 7, and 9. ACTION: Motion by Councilman Wu, Second by Councilwoman Lopez-Viado 4-0 (Absent: Diaz) to: Approve Consent Calendar Item 8 (Item 8 was pulled for discussion by Councilmember Tabatabai). APPROVAL OF MEETING MINUTES 1) CONSIDERATION OF APPROVAL OF THE MAY 03, 2022, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES AND THE MAY 03, 2022, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES. Carried 4-0 (Absent: Diaz) to: approve the May 03, 2022, Closed Session Meeting Minutes and the May 03, 2022 Regular Session Meeting Minutes. Page #2 5/17/2022 Regular Session Minutes ORDINANCES FOR ADOPTION - Procedural Waiver. Waive full reading of each ordinance on the agenda and authorize the approval of each ordinance by title only. 2) CONSIDERATION OF ORDINANCE NO.2497 - ADOPTING A MILITARY EQUIPMENT USE POLICY Carried 4-0 (Absent: Diaz) to: adopt the following ordinance: ORDINANCE NO. 2497 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT POLICY GOVERNING THE USE OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY BILL 481 COMMUNITY DEVELOPMENT 3) CONSIDERATION OF FINAL TRACT MAP NO.83134 LOCATION: 1651 EAST ROWLAND AVENUE Carried 4-0 (Absent: Diaz) to: adopt the following resolution: RESOLUTION NO. 2022-46 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF TRACT MAP NO. 83134 LOCATED AT 1651 EAST ROWLAND AVENUE 4) CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH THE CITY OF COVINA FOR THE CONSTRUCTION OF CITRUS AVENUE REHABILITATION PROJECT Carried 4-0 (Absent: Diaz) to: take the following actions: 1. Authorize the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with the City of Covina for the construction of Citrus Avenue Rehabilitation Project as a cost share agreement; 2. Authorize the City Manager to execute any amendments to the MOU, provided that any increase in the City's contribution for the improvements is consistent with the executed MOU; 3. Adopt the resolution: RESOLUTION NO. 2022-54 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 5) CONSIDERATION OF AGREEMENTS FOR EMERGENCY REPAIR WORK ON AZUSA AVENUE SEWER LIFT STATION UPGRADES -- PROJECT NO. U- 17022 Carried 4-0 (Absent: Diaz) to: take the following actions: 1. Ratify the City Manager's execution of Contract Change Order #4 to the construction services agreement with Pyramid Building & Engineering, Inc. for Page #3 5/17/2022 Regular Session Minutes emergency repair of existing sewer force main, in the amount of $921,625.20; 2. Determine, by a four -fifths (4/5) vote, that there is a need to continue the emergency repairs; 3. Approve and authorize the City Manager to execute Contract Change Order #3 to the construction services agreement with Pyramid Building & Engineering, Inc. to furnish and install a SCADA system and the generator transfer switch to the new Lift Station, in the amount of $133,519.55; 4. Approve and authorize the City Manager to execute a Third Amendment to the Professional Services Agreement with NV5, Inc., increasing the total compensation by $95,000, for a maximum compensation of $185,000, and extending the agreement term through December 31, 2022; 5. Authorize an additional 10% of the initial construction contract amount, totaling $223,970, as contingency allowance to be used, if necessary, with the City Manager's approval, for unforeseen conditions; and 6. Adopt the following resolution: RESOLUTION NO. 2022-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 (AZUSA AVENUE SEWER LIFT STATION UPGRADES) FINANCE DEPARTMENT 6) THIRD QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2021-22 Carried 4-0 (Absent: Diaz) to: take the following actions: 1. Receive and file the Third Quarter Financial Report for Fiscal Year 2021-22; and 2. Adopt the following resolution: RESOLUTION NO. 2022-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 (THIRD QUARTER FINANCIAL REPORT) 7) ANNUAL REVIEW OF FINANCIAL POLICIES Carried 4-0 (Absent: Diaz) to: adopt the following resolutions: RESOLUTION NO. 2022-47 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE FUND BALANCE POLICY RESOLUTION NO. 2022-48 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE STATEMENT OF INVESTMENT POLICY Page #4 5/17/2022 Regular Session Minutes 8) UPDATE REGARDING PROPOSED FISCAL YEAR 2022-23 BUDGET Hearing no objection, the City Council received and filed the report regarding the Proposed Fiscal Year FY 2022-23 Operating and Capital Improvement Program Budget. FIRE DEPARTMENT 9) CONSIDERATION OF PURCHASE OF FIRE DEPARTMENT PERSONAL PROTECTIVE EQUIPMENT Carried 4-0 (Absent: Diaz) to: take the following actions: 1. In accordance with West Covina Municipal Code Chapter 2, Article VI I, Division 2, Section 2-333(i)(1), waive formal contract procedures by finding that it is impractical to purchase personal protective equipment ("PPE") and radios in compliance with the City's formal contract procedures; 2. Authorize the purchase of PPE from Municipal Emergency Services ("MES"), for a total of $75,050; 3. Authorize the purchase of 10 APX radios with accessories, device management system components, and support services, directly from Motorola Solutions, for a total of $113,197; and 4. Authorize 15% of the total amount for each purchase as contingency allowance to be used, if necessary, with the City Manager's approval, for unforeseen conditions. END OF CONSENT CALENDAR PUBLIC HEARINGS 10) CONSIDERATION OF MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT,GENERAL PLAN AMENDMENT NO.21-01, ZONE CHANGE NO. 21-02, PRECISE PLAN NO.21-02, TENTATIVE TRACT MAP NO. 83576, AND TREE PERMIT NO. 20-01 (AMENDMENT) TO CHANGE THE GENERAL PLAN LAND -USE DESIGNATION FROM NEIGHBORHOOD -LOW TO NEIGHBORHOOD MEDIUM, TO CHANGE THE ZONING FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO A SPECIFIC PLAN, TO CONSTRUCT39 RESIDENCES KNOWN AS THE GROVE AT MERCED (ATTACHED TWO-STORY TOWNHOME STYLE UNITS WITH ATTACHED GARAGES, RANGING FROM APPROXIMATELY 1,325 SQ. FT. TO 1,475 SQ. FT.), INTERNAL DRIVE AISLES, COMMON OPEN SPACE, GUEST PARKING SPACES, AND OTHER ASSOCIATED INCIDENTAL IMPROVEMENTS ON A 2.26-ACRE SITE AT 1912 W. MERCED AVENUE Mayor Castellanos announced the Public Hearing matter, Assistant City Clerk Lisa Page #5 5/17/2022 Regular Session Minutes Sherrick verified that proper legal notice was given, and Mayor Castellanos opened the Public Hearing. Staff responded to questions from Council. Public Comments in Favor Antonio Arentino Corazon Dequit Esther Sapien (Expressed support of the item via agenda position slip in lieu of speaking) Sandra Belarde Public Comments Neither in Favor nor Opposed Lorena Cardenas Mike Greenspan Public Comments in Opposition Armando Herman ---End of Public Comment— ACTION: Motion by Councilman Wu, Second by Councilwoman Lopez-Viado 4-0 (Absent: Diaz) to: It is recommended that the City Council conduct a public hearing and then take the following actions: 1. Adopt the following resolutions under the condition that the New Homeowner's Assistance Program be increased to $100,000. The applicant is required to provide both gas and electrical utility connections.: RESOLUTION NO. 2022-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO 21-01, ZONE CHANGE NO. 21-02, PRECISE PLAN NO. 22-01, AND VESTING TENTATIVE TRACT MAP NO. 83576 AT 1912 W. MERCED AVENUE, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED RESOLUTION NO. 2022-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 21-01 CHANGING THE GENERAL PLAN USE DESIGNATION OF 1912 W. MERCED AVENUE FROM NEIGHBORHOOD - LOW TO NEIGHBORHOOD -MEDIUM RESOLUTION NO. 2022-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN 5/17/2022 Regular Session Minutes NO. 21-01 AND TREE REMOVAL PERMIT NO. 20-01 AT 1912 W. MERCED AVENUE RESOLUTION NO. 2022-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 83576 AT 1912 W. MERCED AVENUE 2. ACTION: Motion by Councilwoman Lopez-Viado, Second by Councilman Wu 4-0 (Absent: Diaz) to: introduce the following ordinance by title only, further reading waived: ORDINANCE NO. 2499 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO, 21- 02 AND ADOPTING THE GROVE AT MERCED SPECIFIC PLAN AT 1912 W. MERCED AVENUE 11) CONSIDERATION OF ADOPTING A RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 8 - MERCED AVENUE (RULE 20A) Mayor Castellanos announced the Public Hearing matter, Assistant City Clerk Lisa Sherrick verified that proper legal notice was given, and Mayor Castellanos opened the Public Hearing. Staff responded to questions from Council. Public Comments in Favor None Public Comments Neither in Favor nor Opposed None Public Comments in Opposition Armando Herman ---End of Public Comment --- ACTION: Motion by Councilman Wu, Second by Councilwoman Lopez-Viado 4-0 (Absent: Diaz) to: adopt the following resolution: RESOLUTION NO. 2022-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 8 ON MERCED AVENUE FROM 208 FEET EAST OF SOUTH ORANGE AVENUE TO 180 FEET WEST OF TROJAN WAY DEPARTMENTAL REGULAR MATTERS Page #7 5/17/2022 Regular Session Minutes 12) CONSIDERATION OF ORDINANCE AMENDING THE CONTRACT BETWEEN THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF WEST COVINA TO IMPLEMENT COST -SHARING IN ACCORDANCE WITH SECTION 20516 OF THE CALIFORNIA GOVERNMENT CODE AND THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE WEST COVINA POLICE OFFICERS' ASSOCIATION ACTION: Motion by Councilman Wu, Second by Councilwoman Lopez-Viado 4-0 (Absent: Diaz) to: adopt the following ordinance: ORDINANCE NO. 2496 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF WEST COVINA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM MAYOR/COUNCILMEMBERS REPORTS None CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION Councilwoman Lopez-Viado has requested that Southern California Edison provide a report. CITY COUNCIL COMMENTS None ADJOURNMENT A motion to adjourn the Regular Meeting was made by Mayor Castellanos, and the meeting was adjourned at 10:05 p.m. The next regularly scheduled Regular City Council Meeting will be held on Tuesday, June 7, 2022 at 7:00 p.m. in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California. Submitted by: Lisa Sherri'I Assistant y Clerk Darib Castellanos Mayor