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06-21-2022 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY JUNE 21, 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 Letty 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, June 21, 2022 at 7:02 p.m., in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California INVOCATION Led by Pastor Samuel Martinez from Amazing Love Ministries PLEDGE OF ALLEGIANCE Led by Councilman Wu ROLL CALL Present: Council Members Tony Wu, Brian Tabatabai, Letty Lopez-Viado, Mayor Pro Tern Diaz, Mayor Castellanos. Page No. 1 6/21/2022 Regular Session Minutes Council Members Absent: None City Staff: David Carmany City Manager, Roxanne Lerma 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. CLOSED SESSION 1.CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION - Pursuant to Government Code § 54956.8 1. Briley v. City of West Covina (LA Superior Court Case No. BC 630552) 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 3226 • General Employees • Mid -Management Employees • W.C. Police Management Association Unrepresented Employee Group • Department Heads REPORTING OUT FROM CLOSED SESSION City Attorney Thomas Duarte reported that no reportable action was taken during the Closed Session Meeting. PRESENTATIONS • Certificate of Recognition honoring the graduates of the Mt. SAC Early College • Academy Presentation by the Upper San Gabriel Valley Municipal Water District on Drought 101 and conservation efforts • Presentation by Southern California Edison • System Reliability Report • Residential Rate Plan Choices ORAL COMMUNICATIONS - Five (5) minutes per speaker Jim Grivich Page #2 6/21/2022 Regular Session Minutes Herman Mike Greenspan Jerri Potras Elsie Messman Terry Cozad Sergio Palos Ani Samuelian Bill Elliott Sarah Love R. Robinson John Shewmaker Jefferson DeRoux CITY MANAGER'S REPORT Presentation given by Mr. Carmany. CONSENT CALENDAR ACTION: Motion by Mayor Pro Tem Diaz, Second by Councilmember Tabatabai 5-0 to: Approve Consent Calendar Items 1, 2, 3, 5, 7, 8, 9, 10, 12,13. ACTION: Motion by Councilmember Tabatabai to: reject item 4 until staff presents a full cost plan for the entire project. Motion Failed Due to Lack of a Second. (Item 4 was pulled for discussion by Councilmember Tabatabai). ACTION: Motion by Mayor Pro Tem Diaz, Second by Councilwoman Lopez-Viado 4-1 (No: Tabatabai) to: Approve Consent Calendar Item 4 (Item 4 was pulled for discussion by Councilmember Tabatabai). ACTION: Motion by Councilmember Tabatabai to: remove Commissioner Brian Gutierrez from the Art in Public Places Subcommittee and Approve Item 6. Motion Failed Due to Lack of a Second. (Item 6 was pulled for discussion by Councilmember Tabatabai). ACTION: Motion by Councilman Wu, Second by Councilwoman Lopez-Viado 4-1 (No: Tabatabai) to: Approve Consent Calendar Item 6 (Item 6 was pulled for discussion by Councilmember Tabatabai). ACTION: Motion by Mayor Pro Tem Diaz, Second by Councilwoman Lopez-Viado 5-0 to: Approve Consent Calendar Item 14. (Item 14 was pulled for discussion by Councilmember Tabatabai). APPROVAL OF MEETING MINUTES 1) CONSIDERATION OF APPROVAL OF THE JUNE 07, 2022, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES AND THE JUNE 07, 2022, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES. Carried 5-0 to: approve the June 07, 2022, Closed Session Meeting Minutes and the June 07, 2022 Regular Session Meeting Minutes, COMMISSION SUMMARY OF ACTIONS •,�. 6/21/2022 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 AN ORDINANCE ADOPTING NEW PURCHASING PROCEDURES Carried 5-0 to: adopt the following: ORDINANCE NO. 2498 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING DIVISION 1 (GENERALLY) AND DIVISION 2 (PURCHASING SYSTEM) AND AMENDING DIVISION 3 (CONTRACTING FOR PUBLIC PROJECTS) OF ARTICLE VII (PURCHASES AND SALES) OF CHAPTER 2 (ADMINISTRATION) OF THE WEST COVINA MUNICIPAL CODE RESOLUTION NO. 2022-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING THE THRESHOLDS FOR SMALL, INFORMAL AND FORMAL PROCUREMENTS IN ACCORDANCE WITH SECTION 2-328 (PURCHASING AUTHORITY; PURCHASE ORDER AND CONTRACT APPROVAL REQUIREMENTS) OF DIVISION 1 (GENERALLY) OF ARTICLE VII (PURCHASES AND SALES) OF CHAPTER 2 (ADMINISTRATION) OF THE WEST COVINA MUNICIPAL CODE CITY CLERK'S OFFICE 3) BIENNIAL REVIEW OF CONFLICT OF INTEREST CODE Carried 5-0 to: direct staff to review the City's current Conflict of Interest Code and report to the City Council no later than October 1, 2022 regarding whether or not an amendment to the Code is required. CITY MANAGER'S OFFICE 4) CONSIDERATION OF FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC. FOR HEALTH RESOURCE SERVICES Carried 4-1 (No: Tabatabai) to: approve the First Amendment to the Professional Services Agreement (PSA) with Transtech Engineers, Inc. (Transtech) for Health Resource Services. COMMUNITY DEVELOPMENT 5) CONSIDERATION OF FINAL TRACT MAP NO. 83166 LOCATION: 1024 WEST WORKMAN AVENUE SUBDIVIDER: MERITAGE HOMES OF CALIFORNIA, INC. 6/21/2022 Regular Session Minutes Carried 5-0 to: adopt the following resolution: RESOLUTION NO. 2022-35 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 83166 LOCATED AT 1024 WEST WORKMAN AVENUE 6) CONSIDERATION OF UTILIZING THE ART IN PUBLIC PLACES FUND TO MAINTAIN EXISTING ARTWORK AND COMMISSION NEW ARTWORK Carried 4-1 (No: Tabatabai) to: take the following actions: 1. Utilize a portion of the Art in Public Places fund to commission artwork in the form of a mural at the Orangewood Park skate park; and 2. Approve the Planning Commission's recommendation to create an Art in Public Places Subcommittee; and 3. Ratify the Mayor's appointment of Council Member Letty Lopez-Viado, Planning Commisioner Brian Gutierrez, Community and Senior Services Commissioner Sherry Fischer, and Assistant City Manager Paulina Morales to the Art in Public Places Subcommittee. 7) CONSIDERATION OF AN AMENDMENT OF CONSTRUCTION AGREEMENT OF FRIENDSHIP PARK IMPROVEMENTS WITH JAYNES BROTHERS CONSTRUCTION INC. TO ADDRESS TRIPPING HAZARDS AND LIGHTING CONCERNS - PROJECT NO. 21035 Carried 5-0 to: take the following actions: 1. Increase contingency for Jaynes Brothers Construction Inc. contract to 25%, if necessary, with the City Manager's approval, for unforeseen conditions; 2. Authorize the City Manager to approve any and all purchases and execute any and all agreements or amendments within the total project budget of $1,000,000. FINANCE DEPARTMENT 8) CONSIDERATION OF SINGLE AUDIT REPORT FOR THE YEAR ENDED JUNE 30, 2021 Carried 5-0 to: receive and file the Single Audit Report on Federal Award Programs for the year ended June 30, 2021. FIRE DEPARTMENT 9) CONSIDERATION OF FIRST AMENDMENT TO THE AGREEMENT WITH RINCON ENVIRONMENTAL, LLC FOR LOCAL ENFORCEMENT AGENCY REGULATORY COMPLIANCE SERVICES Carried 5-0 to: take the following actions: 1. Approve the First Amendment to the Professional Services Agreement with Rincon Environmental LLC for LEA (local enforcement agency) regulatory Page #5 6/21/2022 Regular Session Minutes compliance services; and 2. Authorize the City Manager to negotiate and execute future amendments to the Agreement, provided that the overall term does not exceed five (5) years. 10) CONSIDERATION OF A BUDGET AMENDMENT AND AGREEMENT WITH PERFORMANCE TRUCK REPAIR FOR FIRE EQUIPMENT MAINTENANCE Carried 5-0 to: take the following actions: 1. Authorize the City Manager to execute the First Amendment to the Maintenance Services Agreement with Performance Truck Repair, Inc. (PTR) for fire apparatus service and repairs. 2. Authorize the City Manager to negotiate and execute future amendments to the Agreement exercising the extension options. 3. Adopt the following resolution: RESOLUTION NO.2022-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 (FIRE FLEET REPAIR) POLICE DEPARTMENT 11) CONSIDERATION OF AWARD OF AGREEMENT FOR CITYWIDE TOWING SERVICES Carried 5-0 to: take the following actions: 1. Award a non-exclusive franchise agreement for police towing services to Royal Coaches Auto Body & Towing; and 2. Authorize the City Manager to negotiate and execute the agreement, with a term of five years, in such form as approved by the City Attorney. PUBLIC SERVICES 12) CONSIDERATION OF AN AGREEMENT WITH U.S. FOODS TO PROVIDE RAW FOOD AND MISCELLANEOUS FOOD SUPPLIES FOR THE SENIOR MEALS PROGRAM Carried 5-0 to: take the following actions: 1. Authorize the City Manager to execute an agreement with U.S. Foods, Inc. for raw foods and miscellaneous food supplies for the City's Senior Meals Program, in an amount not to exceed $60,000, for a term through November 24, 2022; and 2. Authorize the City Manager to negotiate and execute all necessary documents in such final form as approved by the City Attorney, including any amendments to the agreement if the State of California extends its agreement. Page #6 6/21/2022 Regular Session Minutes 13) CONSIDERATION OF AN AGREEMENT WITH BETTER 4 YOU MEALS FOR FROZEN MEALS FOR THE SENIOR MEALS PROGRAM Carried 5-0 to: take the following actions: 1. Authorize the City Manager to enter into an agreement with Better 4 You Breakfast, Inc. dba Better 4 You Meals to provide frozen meals for the Senior Meals Program, in a form approved by the City Attorney; 2. Authorize the City Manager to negotiate and execute all other necessary documents, in such form as approved by the City Attorney, to carry out the City Council's direction. 14) CONSIDERATION OF RATIFICATION OF EXPENDITURES FOR THE 2022 WEST COVINA SPRING FESTIVAL Carried 5-0 to: waive formal contract procedures, in accordance with West Covina Municipal Code Chapter 2, Article VII, Division 2, Section 2-333(i)(1), and ratify the following expenditures from the 2022 West Covina Spring Festival: a. United Site Services for sanitation in the amount of $55,923.56 b. A-1 Event & Party Rentals in the amount of $66,784.95. END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 15) CONSIDERATION OF ZONE CHANGE NO. 22-02 (ACCESSORY DWELLING UNIT ORDINANCE) 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 None ---End of Public Comment --- Page #7 6/21/2022 Regular Session Minutes ACTION: Motion by Councilman Wu, Second by Councilmember Tabatabai 5-0 to: conduct a public hearing and then introduce the following ordinance for first reading, by title only, further reading waived: ORDINANCE NO. 2500 - AN ORDINANCE OF THE CITY COUNCIL OF WEST COVINA, CALIFORNIA, AMENDING PORTIONS OF DIVISION 11 (ACCESSORY DWELLING UNITS) OF ARTICLE XII (SPECIAL REGULATIONS FOR UNIQUE USES) OF CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE TO AUTHORIZE ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW REQUIREMENTS 16) PUBLIC HEARING TO CONSIDER WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT FISCAL YEAR 2022-2023 ANNUAL REPORT AND ASSESSMENT 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 None ---End of Public Comment --- ACTION: Motion by Mayor Castellanos, Second by Councilmember Tabatabai 5-0 to: conduct the public hearing and then adopt the following resolution: RESOLUTION NO. 2022-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ANNUAL REPORT FILED BY THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN ANNUAL ASSESSMENT FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2022-2023 DEPARTMENTAL REGULAR MATTERS 6/21/2022 Regular Session Minutes COMMUNITY DEVELOPMENT 17) FISCAL YEAR 2021-22 CAPITAL IMPROVEMENT PROGRAM STATUS UPDATE Hearing no objection, the Fiscal Year 2021-22 Capital Improvement Program (CIP) Projects status update was received and filed. FINANCE DEPARTMENT 18) CONSIDERATION OF MEASURES TO COMPLY WITH CALIFORNIA SENATE BILL 1383, NPDES STORMWATER REGULATIONS, AND AMENDMENTS TO THE ATHENS SERVICES FRANCHISE AGREEMENT ACTION: Motion by Councilman Wu, Second by Mayor Castellanos 5-0 to: Approve option 1 and continue negotiations: 1. Authorize the City Manager to execute a professional services agreement, in a form approved by the City Attorney, with the San Gabriel Valley Council of Governments for participation in the San Gabriel Regional Food Recovery Program. MAYOR/COUNCILMEMBERS REPORTS None CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION None CITY COUNCIL COMMENTS None 6/21/2022 Regular Session Minutes ADJOURNMENT The meeting was adjourned in honor of Corporal Michael Paredes and Officer Joseph Santana from the El Monte Police Department who tragically lost their lives. Our deep condolences to their families. A motion to adjourn the Regular Meeting was made by Mayor Castellanos, and the meeting was adjourned at 10:18 p.m. The next regularly scheduled Regular City Council Meeting will be held on Tuesday, July 5, 2022 at 7:00 p.m. in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California. Submitted by: U Lisa Sherrick Assistant Cit Clerk GL..ae a4 Da o Castellanos Mayor Page #10