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07-19-2022 - Regular Meeting - MinutesCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY JULY 19, 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, July 19, 2022 at 7:00 p.m., in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California INVOCATION Led by Pastor John Lee from Xaris Church PLEDGE OF ALLEGIANCE Led by Councilwoman Lopez-Viado ROLL CALL Present: Council Members Tony Wu, Brian Tabatabai, Letty Lopez-Viado, Mayor Pro Tern Diaz, Mayor Castellanos. Page No.1 7/19/2022 Regular Session Minutes Council Members Absent: None City Staff: David Carmany City Manager, Paulina Morales Assistant City Manager, Brittany Roberto Deputy 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 REAL PROPERTY NEGOTIATORS - Pursuant to Government Code § 54956.8 Property: 8458-020-002 Agency Negotiator: Carmany, Morales, Duarte, Hildebrand Negotiating Parties: PEREZ, ADOLFO C TR ADOLFO C PEREZ TRUST Under Negotiation: Price and Terms of Purchase 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 Deputy City Attorney Brittany Roberto reported that no reportable action was taken during the Closed Session Meeting. PRESENTATIONS . Certificate of Recognition presented to West Covina residents for life-saving deeds • Proclamation in recognition of Parks and Recreation Month • Presentation providing project updates from the San Gabriel Valley Conservation Corps Page #2 7/19/2022 Regular Session Minutes ORAL COMMUNICATIONS - Five (5) minutes per speaker Herman Mike Greenspan Elsie Messman Laura Galindo Nicole Spiegel Bill Elliott John Shewmaker Bill Robinson CITY MANAGER'S REPORT Presentation given by Mr. Carmany. CONSENT CALENDAR ACTION: Motion by Councilwoman Lopez-Viado, Second by Mayor Pro Tem Diaz 5-0 to: Approve Consent Calendar Items 1, 2, 3, 4, 7, 8, 9. ACTION: Motion by Councilmember Tabatabai, Second by Councilwoman Lopez-Viado 5-0 to: Approve Consent Calendar Item 5 (Item 5 was pulled for discussion by Councilmember Tabatabai) ACTION: Motion by Councilwoman Lopez-Viado, Second by Mayor Pro Tem Diaz 5-0 to: Approve Consent Calendar Item 6 (Item 6 was pulled for discussion by Councilwoman Lopez- Viado) ACTION: Motion by Councilman Wu, Second by Councilmember Tabatabai 4-1 (No: Castellanos) to: Table Consent Calendar Item 10 to a Later Date (Item 10 was pulled for discussion by Councilman Wu) APPROVAL OF MEETING MINUTES 1) CONSIDERATION OF APPROVAL OF THE JULY 05, 2022, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES AND THE JULY 05, 2022, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES. Carried 5-0 to: approve the July 05, 2022, Closed Session Meeting Minutes and the July 05, 2022 Regular Session Meeting 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 SECOND READING AND ADOPTION OF ORDINANCE NO. 2500 - CODE AMENDMENT NO. 22-02 (ACCESSORY DWELLING UNIT ORDINANCE) Carried 5-0 to: adopt the following ordinance: 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 7/19/2022 Regular Session Minutes 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 CITY CLERK'S OFFICE 3) CONSIDERATION OF APPROVAL OF AN ELECTRONIC SIGNATURE POLICY Carried 5-0 to: approve the electronic signature policy. CITY MANAGER'S OFFICE 4) CONSIDERATION OF RESOLUTION NO.2022-84 DETERMINING THERE IS A NEED TO CONTINUE THE LOCAL EMERGENCY Carried 5-0 to: adopt the following resolution: RESOLUTION NO. 2022-84 - 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, SEPTEMBER 15, 2020, OCTOBER 6, 2020, OCTOBER 20, 2020, NOVEMBER 17, 2020, DECEMBER 1, 2020, JANUARY 19, 2021, FEBRUARY 16, 2021, MARCH 16, 2021, APRIL 6, 2021, MAY 4, 2021, JUNE 1, 2021, JUNE 15, 2021, JULY 6, 2021, JULY 20, 2021, AUGUST 17, 2021, SEPTEMBER 7, 2021, OCTOBER 5, 2021, NOVEMBER 2, 2021, DECEMBER 7, 2021, JANUARY 4, 2022, FEBRUARY 1, 2022, MARCH 1, 2022, APRIL 5, 2022, MAY 3, 2022, JUNE 7, 2022 AND JULY 5, 2022 COMMUNITY DEVELOPMENT 5) WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1 SETTING OF FISCAL YEAR 2022-23 ASSESSMENT RATE Carried 5-0 to: adopt the following resolution: RESOLUTION NO. 2022-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ASSESSMENT RATE FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR THE FISCAL YEAR BEGINNING JULY 1, 2022 6) WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.2 SETTING OF FISCAL YEAR 2022-23 ASSESSMENT RATE Page #4 7/19/2022 Regular Session Minutes Carried 5-0 to: adopt the following resolution, which provides for the assessment rate to be maintained at the current rate of 6.60 cents per 100 dollars of assessed valuation with a correction noting that Landscape Maintenance District 2 does not have paseo lighting: RESOLUTION NO. 2022-73 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SETTING THE ASSESSMENT RATE FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 2 FOR THE FISCAL YEAR BEGINNING JULY 1, 2022 7) CONSIDERATION OF ACCEPTANCE OF PROJECT COMPLETION FOR FY 2020-21 RESIDENTIAL STREETS REHABILITATION PROGRAM - PROJECTS NOS. 21020 AND 21007 Carried 5-0 to: take the following actions: 1. Accept project completion for FY 2020-21 Residential Streets Rehabilitation Program (Projects Nos. 21020 and 21007) as performed by Gentry Brothers, Inc. with a final contract amount of $1,716,225.43; 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 8) CONSIDERATION OF A PARTICIPANT AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR THE LOS ANGELES REGION — IMAGERY ACQUISITION CONSORTIUM 7 PROJECT. Carried 5-0 to: authorize the City Manager to negotiate and execute an agreement with the County of Los Angeles to participate in the Los Angeles Region - Imagery Acquisition Consortium 7 ("LARIAC7") project, in substantially the form as attached and in such final form as approved by the City Attorney. FIRE DEPARTMENT 9) CONSIDERATION OF RATIFICATION OF EXPENDITURES FOR FIRE PREVENTION PLAN CHECK FEES, APPROVAL OF AMENDMENTS TO AGREEMENTS WITH KJ CONSULTANTS AND MAK FIRE PROTECTION, AND APPROVAL OF A RESOLUTION AMENDING THE FY2021-22 BUDGET Carried 5-0 to: take the following actions: 1. Ratify expenditures for MAK Fire Protection Engineering & Consulting Inc. and Susan Privitera-Johnson dba KJ Consultants for Fire Prevention plan check services. 2. Approve and authorize the City Manager to execute the Third Amendment to the Professional Services Agreement (Agreement) with MAK Fire Protection Engineering & Consulting Inc. for Fire Prevention plan check services. 3. Approve and authorize the City Manager to execute the Second Amendment to the Professional Services Agreement (Agreement) with Susan Privitera- 7/19/2022 Regular Session Minutes Johnson dba KJ Consultants for Fire Prevention plan check and inspection services. 4. Adopt the following resolution: 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 (FIRE PLAN CHECK FEES) PUBLIC SERVICES 10) CONSIDERATION OF AGREEMENTS WITH UBER TECHNOLOGIES, INC., TO IMPLEMENT AN ON -DEMAND RIDE HAILING PILOT PROGRAM Carried 4-1 (No: Castellanos) to: table the item to a later date. 1. Authorize the City Manager to enter into agreements with Uber Technologies, Inc. (Uber), to implement a pilot on -demand ride hailing program, in substantially the form as attached and in such final form as 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; and 3. Approve, by a majority vote of the Council, waiving bidding requirements to implement a pilot on -demand ride hailing program with Uber, as allowed by West Covina Municipal Code Section 2-330(b). END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS (Heard out of order) 12) WEST COVINA CITYWIDE SEWER SERVICE CHARGE PUBLIC HEARING Mayor Castellanos gave direction to hear Public Hearing Item 12 first. 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 R. Robinson Armando Herman Page #6 7/19/2022 Regular Session Minutes Public Comments in Opposition None ---End of Public Comment --- ACTION: Motion by Councilman Wu, Second by Mayor Pro Tem Diaz 5-0 to: conduct the public hearing and then adopt the following resolution: RESOLUTION NO. 2022-83 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE SEWER SERVICE CHARGES TO BE COLLECTED ON THE FISCAL YEAR 2022-23 TAX ROLL 11) WEST COVINA CITYWIDE LIGHTING AND MAINTENANCE DISTRICT PUBLIC HEARING Mayor Castellanos gave direction to hear Public Hearing Items 11,13, 14 and 15 simultaneously. 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 Armando Herman R. Robinson Public Comments in Opposition None ---End of Public Comment --- ACTION: Motion by Councilmember Tabatabai, Second by Mayor Pro Tem Diaz 5-0 to: conduct a public hearing and then adopt the following resolution: RESOLUTION NO. 2022-84 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR THE CITYWIDE LIGHTING AND MAINTENANCE DISTRICT FOR FISCAL YEAR 2022-23 Page #7 7/19/2022 Regular Session Minutes 13) WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 4 PUBLIC HEARING Mayor Castellanos gave direction to hear Public Hearing Items 11,13, 14 and 15 simultaneously. 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 Councilwoman Lopez-Viado, Second by Mayor Pro Tem Diaz 5- 0 to: conduct the public hearing and then adopt the following resolution: RESOLUTION NO. 2022-80 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ENGINEER'S REPORT AND CONFIRMING A DIAGRAM AND ASSESSMENT FOR FISCAL YEAR 2022-23 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 14) WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 7 PUBLIC HEARING Mayor Castellanos gave direction to hear Public Hearing Items 11,13, 14 and 15 simultaneously. 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--- 7/19/2022 Regular Session Minutes ACTION: Motion by Councilmember Tabatabai, Second by Councilwoman Lopez- Viado 5-0 to: conduct the public hearing and then adopt the following resolution: RESOLUTION NO. 2022-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ENGINEER'S REPORT AND CONFIRMING A DIAGRAM AND ASSESSMENT FOR FISCAL YEAR 2022-23 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 15) WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 6 PUBLIC HEARING Mayor Castellanos gave direction to hear Public Hearing Items 11,13, 14 and 15 simultaneously. 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 Councilwoman Lopez-Viado, Second by Councilmember Tabatabai 5-0 to: conduct the public hearing and then adopt the following resolution: RESOLUTION NO. 2022-81 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ENGINEER'S REPORT AND CONFIRMING A DIAGRAM AND ASSESSMENT FOR FISCAL YEAR 2022-23 FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 MAYOR/COUNCILMEMBERS REPORTS None CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION Councilmember Tabatabai requested staff look into how the City of Pasadena created their Fiber Infrastructure. Councilman Wu has requested that staff look into grants that may offset the cost of creating the City's Fiber Infrastructure. Page #9 7/19/2022 Regular Session Minutes CITY COUNCIL COMMENTS Councilmember Tabatabai praised staff for their work on the issues with the West Covina Bruins. Councilman Wu thanked Deputy Director of Public Services Raul Alvarado for his thorough work throughout the city. ADJOURNMENT The meeting was adjourned in honor of Paula Sworney. Ms. Sworney was an acclaimed opera singer and vocal coach. Our deep condolences to her family. A motion to adjourn the Regular Meeting was made by Mayor Castellanos, and the meeting was adjourned at 10:06 p.m. The next regularly scheduled Regular City Council Meeting will be held on Tuesday, August 16, 2022 at 7:00 p.m. in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California. Submitted bv: /i A Lisa Sherrick Assistant Citv C Dario Castellanos Mayor Page #10