CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
DECEMBER 6, 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, December 6, 2022 at 7:00 p.m., in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California
INVOCATION
Led by Pastor Antonio Rodriguez from Calvary Chapel, New Beginnings West Covina
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.
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Council Members
Absent: None
City Staff: David Carmany City Manager, Paulina Morales Assistant City Manager, Tom 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 § 54956.9(d)(1)
1. Briley v. City of West Covina (LA Superior Court, Case No. BC630552)
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 Tom Duarte reported that no reportable action was taken during the Closed Session Meeting.
PRESENTATIONS
None
ORAL COMMUNICATIONS - Five (5) minutes per speaker
Matthew Smith
Armando Herman
Lupe Amador
Elsie Messman
John Shewmaker
Bill Robinson
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CITY MANAGER'S REPORT
Presentation given by City Manager David Carmany.
CONSENT CALENDAR
ACTION: Motion by Mayor Castellanos, Second by Councilmember Tabatabai 5-0 to:
Approve Consent Calendar Items 1-3 and 6-16.
ACTION: Motion by Councilman Wu, Second by Mayor Castellanos 4-1 (No: Tabatabai) to:
Approve Consent Calendar Item 4. (Item 4 was pulled for discussion by Councilmember Tabatabai).
ACTION: Motion by Councilman Wu, Second by Mayor Pro Tem Diaz 5-0 to: Approve Consent Calendar Item 5. (Item 5 was pulled for discussion by Councilman Wu).
ACTION: Motion by Councilwoman Lopez-Viado, Second by Mayor Pro Tem Diaz 5-0 to:
Approve Consent Calendar Item 17. (Item 17 was pulled for discussion by Councilwoman Lopez- Viado).
APPROVAL OF MEETING MINUTES
1) CONSIDERATION OF APPROVAL OF THE NOVEMBER 15, 2022,
CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING
MINUTES AND THE NOVEMBER 15, 2022, CITY
COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING
MINUTES
Carried 5-0 to: approve the November 15, 2022 Closed Session Meeting Minutes and the November 15, 2022 Regular Session Meeting Minutes.
CITY CLERK'S OFFICE
2) CONSIDERATION OF AMENDMENTS TO THE CITY OF WEST COVINA'S
CONFLICT OF INTEREST CODE
Carried 5-0 to: adopt the following resolution:
RESOLUTION NO. 2022-120 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WEST COVINA, CALIFORNIA, ADOPTING A REVISED CONFLICT OF
INTEREST CODE FOR THE CITY OF WEST COVINA
CITY MANAGER'S OFFICE
3) CONSIDERATION OF RESOLUTION NO.2022-121 DETERMINING THERE IS A
NEED TO CONTINUE THE LOCAL EMERGENCY
Carried 5-0 to: adopt the following resolution:
RESOLUTION NO. 2022-121 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, DETERMINING THE NEED TO Page No.3
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4)
5)
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, JULY 19, 2022, AUGUST 16, 2022, SEPTEMBER 20, 2022, OCTOBER4, 2022 AND NOVEMBER 15, 2022
CONSIDERATION OF REVISIONS TO SALARY AND BENEFITS SCHEDULE FOR
CITY MANAGEMENT TEAM
Carried 4-1 (No: Tabatabai) to: take the following actions:
1. Adopt the following resolution:
RESOLUTION NO. 2022-124 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE REVISED
SALARY AND BENEFITS SCHEDULE FOR CITY MANAGEMENT TEAM
MEMBERS
2. Approve providing the City Manager a 5% salary increase and the same one-time payment of $5,000 being provided to Department Heads through the adoption of Resolution No. 2022-124, and direct the City Attorney to draft all necessary documents to memorialize such increase and payment.
CONSIDERATION OF AN ORDINANCE AMENDING ARTICLE Vlll OF CHAPTER 2
OF THE WEST COVINA MUNICIPAL CODE RELATING TO CAMPAIGN FINANCE
REGULATIONS
Carried 5-0 to: introduce for first reading, by title only, the following ordinance:
ORDINANCE NO. 2510 - AN ORDINANCE OF THE CITY COUNCIL OF CHAPTER 2 OF THE WEST COVINA MUNICIPAL CODE RELATING TO CAMPAIGN
FINANCE REGULATIONS
COMMUNITY DEVELOPMENT
6) CONSIDERATION OF A NOTICE OF COMPLETION FOR CORTEZ PARK PLAYGROUND IMPROVEMENTS PROJECT - PROJECT NO.22007
Carried 5-0 to: take the following actions:
1. Accept the work performed by Next Stage Engineering, LLP dba Next Stage Group for the Cortez Park Playground Improvements Project (Project No. 22007), with a final contract amount of $108,445.00; and
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2. Authorize the recordation of Notice of Completion with the Los Angeles County Recorder and the release of retention funds 35 days thereafter. 7) CONSIDERATION OF NOTICE OF COMPLETION FOR FY 2021-22 RESIDENTIAL STREETS REHABILITATION PROGRAM (CDBG) — PROJECT NO. 22005 Carried 5-0 to: take the following actions:
1. Accept the work performed by R.J. Noble Company for the FY 2021-22 Residential Streets Rehabilitation Program (Project No. 22005), with a final contract amount of $2,114,989.07; and
2. Authorize the recordation of Notice of Completion with the Los Angeles County Recorder and the release of retention funds 35 days thereafter. 8) CONSIDERATION OF NOTICE OF COMPLETION FOR CITY HALL 1ST FLOOR RESTROOM IMPROVEMENTS — PROJECT NO. 22023
Carried 5-0 to: take the following actions:
1.Accept the work performed by Fino Builders Inc. for the City Hall 1st Floor Restroom Improvements (Project No. 22023), with a final contract amount of $109,208.11; and
2.Authorize the recordation of Notice of Completion with the Los Angeles County Recorder and the release of retention funds 35 days thereafter. 9) CONSIDERATION OF NOTICE OF COMPLETION AND RATIFICATION OF
CONTRACT CHANGE ORDER FOR THE CAMERON AVENUE & BARRANCA STREET TRAFFIC SIGNAL INSTALLATION PROJECT — PROJECT NO. 18040 Carried 5-0 to: take the following actions:
1. Ratify the construction contract change order in the amount of $4,957.76 for the extra work completed as part of the Cameron Avenue at Barranca Street Traffic Signal Improvements Project (Project No. 18040) (The `Project'). The extra work was for installation of additional traffic signal equipment and adjustment of pedestrian crossing time on the new signal system to accommodate school drop- off/pickup rush hour waits; and
2. Approve work order to Southern California Eidson (SCE) in the amount of $16,825.21 for installation of a new streetlight pole at the southeast corner of Cameron and Barranca intersection to improve intersection safety; and
3. Accept the work performed by P.T.M. Engineering Services, Inc. for the Project, with a final contract amount of $391,290.88; and
4. Authorize the recordation of Notice of Completion with the Los Angeles County Recorder and the release of retention funds 35 days thereafter. 10) CONSIDERATION OF NOTICE OF COMPLETION FOR THE CAMERON PARK RESTROOM IMPROVEMENTS (PROJECT No. 22024)
Carried 5-0 to: take the following actions:
1. Accept the work performed by ACE Construction, Inc. for the Cameron Park Restroom Improvements Project (Project No. 22024), with a final contract amount of $210,583.30; and
2.Authorize the recordation of Notice of Completion with the Los Angeles County Page No.
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Recorder and the release of retention funds 35 days thereafter. 11) CONSIDERATION OF NOTICE OF COMPLETION FOR THE CITYWIDE PEDESTRIAN AND VEHICLE SAFETY IMPROVEMENTS (PROJECT 22004)
Carried 5-0 to: take the following actions:
1.Accept the work performed by Superior Pavement Markings, Inc. for the Citywide Pedestrian and Vehicle Safety Improvements (Project No. 22004), with a final contract amount for $406,479.00; and
2. Authorize the recordation of Notice of Completion with the Los Angeles County Recorder and the release of retention funds 35 days thereafter. 12) CONSIDERATION OF ADOPTION OF ORDINANCES NOS. 2507 AND 2506
CREATING THE MIXED USE OVERLAY ZONE AND RELATED STANDARDS Carried 5-0 to: adopt the following ordinances:
ORDINANCE NO. 2507 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 22-02
CREATING THE MIXED -USE OVERLAY ZONE
ORDINANCE NO. 2506 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING CODE AMENDMENT NO. 22-03, RELATED TO THE MIXED USE OVERLAY ZONE STANDARDS
13) CONSIDERATION OF AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC.
FOR PRELIMINARY ENGINEERING SERVICES FOR TRAFFIC SIGNAL IMPROVEMENTS AT 10 INTERSECTIONS (HSIP CYCLE 10 IMPROVEMENTS) — PROJECT NO. 23028
Carried 5-0 to: take the following actions:
1. Authorize the City Manager to negotiate and execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. in the amount of $194,123.15 to provide Preliminary Engineering Services (PE Phase) for Traffic Signal Improvements at 10 intersections (HSIP Cycle 10 Improvements), in such final form as approved by the City Attorney; and
2. Authorize the City Manager to utilize a contingency up to 10% or a final contract amount of $213,535.47; and
3. Authorize the City Manager to negotiate and execute any future amendments to the agreement; and
4. Adopt the following resolution:
RESOLUTION NO. 2022-119 — 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 (HSIP CYCLE 10 IMPROVEMENTS)
14) CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTERS 7 AND 9 OF THE WEST COVINA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2023 LOS ANGELES COUNTY BUILDING CODE (TITLE 26), ELECTRICAL Page No.6
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CODE (TITLE 27), PLUMBING CODE (TITLE 28), MECHANICAL CODE (TITLE 29), RESIDENTIAL CODE (TITLE 30), AND EXISTING BUILDING CODE (TITLE 33), WHICH ADOPT BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE,
ELECTRICAL CODE, PLUMBING CODE, MECHANICAL CODE, RESIDENTIAL
CODE, AND EXISTING BUILDING CODE, WITH CERTAIN AMENDMENTS,
ADDITIONS AND DELETIONS THERETO
Carried 5-0 to: adopt the following ordinance:
ORDINANCE NO. 2508 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTERS 7 AND 9 OF THE WEST COVINA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2023 LOS ANGELES COUNTY BUILDING CODE (TITLE 26), ELECTRICAL CODE (TITLE 27), PLUMBING CODE (TITLE 28), MECHANICAL CODE (TITLE 29), RESIDENTIAL CODE (TITLE 30), AND EXISTING BUILDING CODE (TITLE 33), WHICH ADOPT BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE,
ELECTRICAL CODE, PLUMBING CODE, MECHANICAL CODE, RESIDENTIAL
CODE, AND EXISTING BUILDING CODE, WITH CERTAIN AMENDMENTS,
ADDITIONS AND DELETIONS THERETO
FINANCE DEPARTMENT
15) CONSIDERATION OF AWARD OF LAND MANAGEMENT SOFTWARE (LMS) Carried 5-0 to: take the following actions:
1. Award Request for Proposals ("RFP") No. 11-014 for Land Management Software to Silver Lining Solutions, LLC to provide implementation of the Accela Civic Platform and associated services;
2. Authorize the City Manager to negotiate and execute any and all agreements necessary for the acquisition and implementation of the new Land Management Software, including, but not limited to, a Professional Services Agreement (Attachment No. 1), a Subscription Services Agreement (Attachment No. 2), a Master Licensing Agreement (Attachment No. 3), and a Master Subscription Agreement (Attachment No.4), each with an initial term of up to five years, in such final form as approved by the City Attorney;
3. Authorize the City Manager to negotiate and execute any amendments to the agreements, in such form as approved by the City Attorney; and
4. Approve the following resolution:
RESOLUTION NO.2022-125 - 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 (LAND MANAGEMENT SOFTWARE)
16) FIRST QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2022-23 Carried 5-0 to: take the following actions:
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1. Receive and file the First Quarter Financial Report for Fiscal Year 2022-23; and
2. Adopt the following resolution:
RESOLUTION NO.2022-117 —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 (FIRST QUARTER FINANCIAL REPORT)
POLICE DEPARTMENT
17) CONSIDERATION OF AGREEMENT FOR LANDSCAPE MAINTENANCE OF
CITYWIDE MEDIANS, RIGHT-OF-WAYS, COMMERCIAL ZONES, SIDEWALKS, TREE WELLS AND OTHER AREAS.
Carried 5-0 to: take the following actions:
1. Award Request for Proposals (RFP) No. 61-017 for Landscape Maintenance Services to Brightview Landscape Services, Inc.
2. Authorize the City Manager execute an agreement with Brightview Landscape Services, Inc. in an amount not to exceed $2,673.869 ($427,819 annually plus 25% for additional work as approved by the City Manager) for a three (3) year term with the option to renew for two (2) additional one-(1) year periods to provide landscape maintenance of Citywide medians, rights -of -way, commercial zones, sidewalks, tree wells and other areas, in substantially the form as attached and in such final form as approved by the City Attorney.
3. Authorize the City Manager to execute future amendments to the agreement.
END OF CONSENT CALENDAR
HEARINGS
PUBLIC HEARINGS
18) CONDUCT TAX EQUITY AND FISCAL RESPONSIBILITY ACT (TEFRA)
HEARING AND CONSIDER ADOPTION OF A RESOLUTION CONDITIONALLY APPROVING THE ISSUANCE OF NOT -TO -EXCEED $20,000,000 OF
CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY REVENUE BONDS
FOR THE BENEFIT OF OPTIONS FOR LEARNING
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
Paul Pulver
Dominic Alpuche
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Public Comments Neither in Favor nor Opposed
Bill Robinson
Armando Herman
Public Comments in Opposition
None
---End of Public Comment ---
ACTION: Motion by Mayor Castellanos, Second by Councilman Wu 4-1 (No:
Tabatabai) to: take the following actions:
1. Conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 to receive comments relating to the issuance by the California Enterprise Development Authority (Authority) of not -to -exceed $20,000,000 of the Authority's Revenue Bonds (Bonds) for the Benefit of Options for Learning, California nonprofit public benefit corporation (Borrower).
2. Adopt the attached resolution approving the issuance of the Bonds by the Authority to finance and refinance facilities for the benefit of the Borrower, contingent upon the execution of a payment in lieu of taxes agreement between the City and the Borrower:
RESOLUTION NO.2022-126 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE
ISSUANCE BY THE CALIFORNIA ENTERPRISE DEVELOPMENT
AUTHORITY OF NOT TO EXCEED $20,000,000 AGGREGATE PRINCIPAL
AMOUNT OF THE CALIFORNIA ENTERPRISE DEVELOPMENT
AUTHORITY'S REVENUE BONDS FOR THE PURPOSE OF FINANCING,
REFINANCING AND/OR REIMBURSING THE COST OF ACQUISITION,
CONSTRUCTION, INSTALLATION, EQUIPPING AND FURNISHING OF
CERTAIN FACILITIES FOR THE BENEFIT OF OPTIONS FOR LEARNING,
CONTINGENT UPON EXECUTION OF A PAYMENT IN LIEU OF TAXES
AGREEMENT BETWEEN THE CITY OF OPTIONS FOR LEARINING, AND
OTHER MATTERS RELATING THERETO HEREIN SPECIFIED
Authorize the City Manager to negotiate and execute a payment in lieu of taxes agreement (PILOT) with Options for Learning and any future amendments to the agreement, in such form as approved by the City Attorney.
DEPARTMENTAL REGULAR MATTERS
COMMUNITY DEVELOPMENT
19) CODE ENFORCEMENT DIVISION UPDATE
Hearing no objection, the informational report was received and filed.
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CITY COUNCIL REQUESTS FOR REPORTS STUDIES OR INVESTIGATION The following requests were made:
Councilman Wu has requested that the city provide a press release informing the public of the city's 50,000 dollar reward for information on the Gabriela De Naro-Perez case.
Councilman Wu has requested that staff begin the opening stages for the city's centennial year Councilmember Tabatabai has requested that staff put on its first pride event during the upcoming year.
Mayor Castellanos has requested that staff provide a report on the feasibility of an increase to the City Council and Commissioners' pay and benefits.
CITY COUNCIL COMMENTS
Councilman Wu thanked Assistant City Manager Roxanne Lerma and staff for their recent "Let 1t Snow in West Covina" event.
The meeting was adjourned in honor of Ms. Betty Balog. Our deepest condolences to her family. A motion to adjourn the Regular Meeting was made by Councilwoman Lopez-Viado, and the meeting was adjourned at 9:46 p.m. The next regularly scheduled Regular City Council Meeting will be held on Tuesday December 20, 2022 at 7:00 p.m. in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California.
INIMU
(em
ity Clerk
Dario Castellanos
Mayor