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Item 1 - CONSIDERATION OF APPROVAL OF THE AUGUST 16, 2022 CITY COUNCIL MEETINGAGENDA ITEM NO. 1 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: September 6, 2022 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF APPROVAL OF THE AUGUST 16, 2022, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES AND THE AUGUST 16, 2022, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES. RECOMMENDATION: It is recommended that the City Council approve the August 16, 2022, Closed Session Meeting Minutes and the August 16, 2022 Regular Session Meeting Minutes. DISCUSSION: That the City Council adopt the attached minutes. Prepared by: Lisa Sherrick; Assistant City Clerk Attachments Attachment No. 1 - 8/16/2022 Closed Session Minutes Draft Attachment No. 2 - 8/16/2022 Regular Session Minutes Draft CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness 8/16/2022 Closed Session Minutes Draft Attachment No. 1 CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY AUGUST 16, 2022, 6:00 PM REGULAR MEETING -CLOSED SESSION MANAGEMENT RESOURCE CENTER 3RD FLOOR 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 Closed Session Meeting was called to order by Mayor Castellanos on Tuesday, August 16, 2022 at 6:00 p.m., in the Management Resource Center on the 3'd Floor, 1444 West Garvey Avenue South. West Covina. California IaQotl%\01 Council Members Present: Council Members Tony Wu, Brian Tabatabai, Letty Lopez-Viado, Mayor Pro Tern Diaz, Mayor Castellanos Council Members Absent: None City Staff: David Carmany City Manager, Thomas Duarte City Attorney, Paulina Morales Assistant City Manager, Helen Tran Human Resources Director, Stephanie Sikkema Finance Director, Oliver Yee Attorney (Liebert Cassidy Whitmore), Derek Straatsma Attorney (Goldman Magdalin Krikes), Denise Rocawich Deputy City Attorney Page #1 8/16/2022 Closed Session Minutes Draft Attachment No. 1 PUBLIC COMMENTS ON ITEMS ON THE AGENDA Armando Herman CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION - Pursuant to Government Code § 54956.9(d)(1) 1.Ronald Allen vs. City of West Covina (Pomona WCAB ADJ11511575/ADJ11511576) 21aureen Frausto v. City of West Covina, et al (US District Court 2:20-cv- 05075-JAK-JPRx) 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code § 54956.8 Property: 8474-003-915, 8474-003-918, 8474-003-940, 8474-007-928, 8474-007-929, 8474-007-931, 8474-007-932, 8474-007-934, 8474-007- 935, 8474-007-939, 8474-007-940 (City owned property 112 Plaza Drive) Agency Negotiator: Carmany, Morales, Duarte, Hildebrand Negotiating Parties: Pacific Retail Capital Partners Under Negotiation: Price and Terms 3. 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 Page #2 8/16/2022 Closed Session Minutes Draft Attachment No. 1 ADJOURNMENT A motion to adjourn the Closed Session Meeting was made by Mayor Castellanos and the meeting was adjourned at 6:50 pm. The next regularly scheduled Closed Session City Council Meeting will be held on Tuesday September 6, 2022 at 6:00 p.m. in the Management Resource Center, 3rd Floor, 1444 West Garvey Avenue South, West Covina, California. Submitted by: Lisa Sherrick Assistant City Clerk Dario Castellanos Mayor Page #3 Attachment No. 2 8/16/2022 Reqular Session Minutes Draft CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY AUGUST 16, 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, August 16, 2022 at 7:01 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 Mayor Pro Tern Diaz ROLL CALL Present: Council Members Tony Wu, Brian Tabatabai, Letty Lopez-Viado, Mayor Pro Tern Diaz, Mayor Castellanos. Page #1 8/16/2022 Regular Session Minutes Draft Attachment No. 2 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 LEGAL COUNSEL — EXISTING LITIGATION - Pursuant to Government Code § 54956.9(d)(1) 1.Ronald Allen vs. City of West Covina (Pomona WCAB ADJ11511575/ADJ11511576) 21aureen Frausto v. City of West Covina, et al (US District Court 2:20-cv- 05075-JAK-JPRx) 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code § 54956.8 Property: 8474-003-915, 8474-003-918, 8474-003-940, 8474-007-928, 8474-007-929, 8474-007-931, 8474-007-932, 8474-007-934, 8474-007- 935, 8474-007-939, 8474-007-940 (City owned property 112 Plaza Drive) Agency Negotiator: Carmany, Morales, Duarte, Hildebrand Negotiating Parties: Pacific Retail Capital Partners Under Negotiation: Price and Terms 3. 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 Page #2 8/16/2022 Regular Session Minutes Draft Attachment No. 2 • Department Heads REPORTING OUT FROM CLOSED SESSION City Attorney Tom Duarte reported that no reportable action was taken during the Closed Session Meeting. PRESENTATIONS • Presentation on Active Shooter Training • Introducing and welcoming nine new Fire Recruits ORAL COMMUNICATIONS - Five (5) minutes per speaker Valerie Munoz Armando Herman Jonah Breslau Jerri Potras John Shewmaker Steve Bennett Bill Robinson CITY MANAGER'S REPORT Presentation given by Mr. Carmany. CONSENT CALENDAR ACTION: Motion by Mayor Pro Tem Diaz, Second by Councilwoman Lopez-Viado 5-0 to: Approve Consent Calendar Items 1,3, 6, 7, 8, 9, 11. ACTION: Motion by Councilman Wu, Second by Mayor Pro Tem Diaz 4-1 (No: Tabatabai) to: Approve Consent Calendar Item 2 (Item 2 was pulled for discussion by Councilmember Tabatabai) ACTION: Motion by Mayor Castellanos, Second by Councilman Wu 3-2 (No: Lopez-Viado; No: Tabatabai) to: Approve Consent Calendar Item 4 with the provision that the program eligibility income levels be lowered by $10,000 subject to law. (Item 4 was pulled for discussion by Councilwoman Lopez-Viado) ACTION: Motion by Mayor Pro Tem Diaz, Second by Councilman Wu 5-0 to: Approve Consent Calendar Item 5 (Item 5 was pulled for discussion by Mayor Pro Tem Diaz) ACTION: Motion by Mayor Castellanos, Second by Councilman Wu 5-0 to: Approve Consent Calendar Item 10 (Item 10 was pulled for discussion by Mayor Castellanos) APPROVAL OF MEETING MINUTES 1) CONSIDERATION OF APPROVAL OF THE JULY 19, 2022, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES AND THE JULY 19, 2022, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES. Carried 5-0 to: approve the July 19, 2022, Closed Session Meeting Minutes and the July 19, 2022 Regular Session Meeting Minutes. Page #3 8/16/2022 Regular Session Minutes Draft Attachment No. 2 [y11rdd , F-11 ki F-ITC11 4 ;4Kolaa[y4 2) CONSIDERATION OF EXCLUSIVE NEGOTIATION AGREEMENT FOR THE CITY YARD PROJECT SITE IN THE CITY OF WEST COVINA Carried 4-1 (No: Tabatabai): authorize the City Manager to negotiate and execute all necessary documents to effectuate an Exclusive Negotiation Agreement (ENA) with Envision Hotel Partners, LLC (Envision) for the sale of the City Yard property (811 South Sunset Avenue) 3) CONSIDERATION OF RESOLUTION NO. 2022-87 DETERMINING THERE IS A NEED TO CONTINUE THE LOCAL EMERGENCY Carried 5-0 to: adopt the following resolution: RESOLUTION NO. 2022-87 - 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. JULY 5, 2022 AND JULY 19, 2022 [K9]�TihT,R]ZINVal] NV/4110]:2Jd4►111 4) HOUSING PRESERVATION PROGRAM- REVISIONS TO GUIDELINES FOR INCREASE IN MAXIMUM LOAN AMOUNT, ADDITION OF ELIGIBLE IMPROVMENTS, AND ELIMINATION OF INTEREST RATE Carried 3-2 (No: Lopez-Viado; No: Tabatabai) to: that the City Council, acting as the Community Development Commission, take the following actions with the provision that the program eligibility income levels be lowered by $10,000 subject to law: 1. Approve the revised guidelines for the City of West Covina Housing Preservation Loan Program, in substantially the form as attached and in such final form as approved by the City Manager in consultation with the City Attorney, and authorize the City Manager to revise any and all forms and execute all documents necessary to implement the revised guidelines. Write-off a total of twenty-two (22) former housing loans totaling $192,858.00. These loans will be considered canceled and removed from the City's ledger. Ratify any former housing loans that were paid -off and incorrectly charged interest by the City and/or AmeriNat (City's loan servicer) prior to August 16, 2022. Page #4 8/16/2022 Regular Session Minutes Draft Attachment No. 2 5) CONSIDERATION OF APPROVAL OF THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH FOR CITY ENGINEERING SERVICES Carried 5-0 to: authorize the City Manager to negotiate and execute the Third Amendment to the Professional Services Agreement with Transtech Engineers, Inc. for engineering services. FINANCE DEPARTMENT 6) CONSIDERATION OF A RESOLUTION AMENDING THE FY 2021-2022 BUDGET Carried 5-0 to: approve the following resolution: RESOLUTION NO. 2022-86 — 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 (PRELIMINARY END OF YEAR ADJUSTMENTS) Il011[y=1111s]4:7-,lA9JAI4ONI 7) CONSIDERATION OF APPLICATION FOR 2022 JUSTICE ASSISTANCE GRANT FROM U.S. DEPARTMENT OF JUSTICE Carried 5-0 to: take the following actions: 1. Authorize the application for, and acceptance of, 2022 Justice Assistance Grant Program funds, totaling $19,375; 2. Authorize the Mayor, City Manager and City Manager's designee to execute all grant related documents; and 3. Authorize the necessary budget amendments by adopting the following resolution: RESOLUTION NO. 2022-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2022 AND ENDING JUNE 30, 2023 (2022 BJA JAG GRANT) PUBLIC SERVICES 8) RATIFICATION OF ADDITIONAL VEHICLE REPAIR EXPENDITURES FOR FISCAL YEAR 2021-22 AND APPROVAL OF BLANKET PURCHASE ORDER FOR FORD FLEET CARE BILLING PROGRAM FOR FISCAL YEAR 2022-23 Carried 5-0 to: take the following actions: 1. Ratify the additional expenditures for vehicle repairs for Fiscal Year 2021- 22 in the amount of $93,603; and 2. Authorize a blanket purchase order for the Ford Fleet Care Program for Fiscal Year 2022-23 not to exceed the budget allocation for vehicle repairs in Fund 365, Fleet Management. Page #5 8/16/2022 Regular Session Minutes Draft Attachment No. 2 9) CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA) FOR COLLECTING AND REPORTING DATA FOR THE NATIONAL TRANSIT DATA BASE Carried 5-0 to: authorize the City Manager to enter into a Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) for collecting and reporting data for the National Transit Database (NTD), in substantially the form as attached and in such final form as approved by the City Attorney. 10) CONSIDERATION OF TRANSPORTATION AND LEASE AGREEMENTS WITH MV TRANSPORTATION, INC. Carried 5-0 to: take the following actions: 1. Approve a one (1) year extension to both the Transportation Services Agreement and the Lease Agreement with MV Transportation, Inc., extending the terms of both agreements through September 2, 2023; and 2. Authorize the City Manager to negotiate and execute all necessary documents, in such final form as approved by the City Attorney, to carry out the City Council's direction. 11) CONSIDERATION OF SECOND AMENDMENT MAINTENANCE SERVICES AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR CITYWIDE TREE MAINTENANCE SERVICES Carried 5-0 to: take the following actions: 1. Ratify invoices paid to West Coast Arborists, Inc for services provided through June 30, 2022. 2. Authorize the City Manager to execute the Second Amendment to the Maintenance Services Agreement with West Coast Arborists, Inc. for tree trimming and maintenance services for City trees. END OF CONSENT CALENDAR MAYOR/COUNCILMEMBERS REPORTS None CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION None CITY COUNCIL COMMENTS None Page #6 8/16/2022 Regular Session Minutes Draft Attachment No. 2 ADJOURNMENT The meeting was adjourned in honor of Donald Holtz. Mr. Holtz was a long-time member of the West Covina Planning Commission and active community member. Our condolences to his family in this trying time. A motion to adjourn the Regular Meeting was made by Mayor Castellanos, and the meeting was adjourned at 9:11 p.m. The next regularly scheduled Regular City Council Meeting will be held on Tuesday, September 6, 2022 at 7:00 p.m. in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California. Submitted by: Lisa Sherrick Assistant City Clerk Dario Castellanos Mayor Page #7