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05-07-19 Regular Meeting AgendaCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY MAY 7, 2019, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Lloyd Johnson Mayor Pro Tem Tony Wu Councilman Dario Castellanos Councilwoman Letty Lopez-Viado Councilmember Jessica C. Shewmaker Please turn off all cell phones and other electronic devices prior to entering the Council Chambers AMERICANS WITH DISABILITIES ACT The City complies with the Americans with Disabilities Act (ADA). If you will need special assistance at Council meetings, please call (626) 939-8433 (voice) or (626) 960-4422 (TTY) from 8 to 5 Monday through Thursday. Do call at least one day prior to the meeting date to inform us of your particular needs and to determine if accommodation is possible. For sign language interpreter services at Council meetings, please request no less than four working days prior to the meeting. AGENDA MATERIAL Agenda material is available for review at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey Avenue South, West Covina and at www.westcovina.org. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council that is distributed less than 72 hours before the meeting, will be made available for public inspection in the City Clerk’s Office, Room 317 of City Hall located at 1444 W. Garvey Avenue South, West Covina, during normal business hours. NOTICE The City Council will regularly convene on the first and third Tuesday of the month. The West Covina Community Development Commission, West Covina Public Financing Authority and the West Covina Community Services Foundation are agencies on which the City Council serves as members. Agendas may contain items for these boards, as necessary. PUBLIC COMMENTS ADDRESSING THE CITY COUNCIL (Per WCMC 2-48, Ordinance No. 2150) Any person wishing to address the City Council on any matter listed on the agenda or on any other matter within their jurisdiction should complete a speaker card that is provided at the entrance to the Council Chambers and submit the card to the City Clerk. Please identify on the speaker card whether you are speaking on an agenda item or non-agenda. Requests to speak on agenda items will be heard prior to requests to speak on non-agenda items. All comments are limited to five (5) minutes per speaker. Oral Communications may be limited to thirty (30) minutes, unless speakers addressing agenda items have not concluded. Any testimony or comments regarding a matter set for a Public Hearing will be heard during the hearing. RULES OF DECORUM Excerpts from the West Covina Municipal Code and Penal Code pertaining to the Rules of Decorum will be found at the end of agenda. AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY MAY 7, 2019, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Jillian Lutes West Covina Hills Seventh-day Adventist Church PLEDGE OF ALLEGIANCE Led by Councilwoman Letty Lopez-Viado ROLL CALL REPORTING OUT FROM CLOSED SESSION PRESENTATIONS Southern California Edison Scholarship Winner - Ms. Carissa Castro of Edgewood High School Fire Service Day National Police Week National Public Works Week Lupus Awareness Month ORAL COMMUNICATIONS - Five (5) minutes per speaker Please step forward to the podium and state your name and city of residence for the record when recognized by the Mayor. CONSENT CALENDAR All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council/Community Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES 1) OCTOBER 2, 2018, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION AND REGULAR MEETING MINUTES MARCH 18, 2019, CITY COUNCIL/SUCCESSOR AGENCY SPECIAL CLOSED SESSION MEETING MINUTES MARCH 19, 2019, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION AND REGULAR MEETING MINUTES MARCH 21, 2019, CITY COUNCIL/SUCCESSOR AGENCY SPECIAL CLOSED SESSION MEETING MINUTES MARCH 22, 2019, CITY COUNCIL/SUCCESSOR AGENCY SPECIAL CLOSED SESSION MEETING MINUTES APRIL 2, 2019, CITY COUNCIL/SUCCESSOR AGENCY CLOSED AND REGULAR SESSION MEETING MINUTES APRIL 2, 2019, CITY COUNCIL/SUCCESSOR AGENCY SPECIAL REGULAR SESSION MEETING MINUTES APRIL 16, 2019, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES It is recommended that the City Council receive and file the Closed Session and Regular Meeting Minutes of October 2, 2018, the Special Closed Session Meeting Minutes of March 18, 2019, the Closed Session and Regular Meeting Minutes of March 19, 2019, the Special Closed Session Meeting Minutes of March 21, 2019, the Special Closed Session Meeting Minutes of March 22, 2019, the Closed Session and Regular Meeting Minutes of April 2, 2019, the Special Regular Session Meeting Minutes of April 2, 2019, and the Regular Session Meeting Minutes of April 16, 2019. COMMISSION SUMMARY OF ACTIONS 2) SUMMARY OF ACTIONS FOR THE COMMUNITY AND SENIOR SERVICES COMMISSION MEETING OF JANUARY 8, 2019 It is recommended that the City Council receive and file the Summary of Actions for the January 8, 2019, regular meeting of the Community and Senior Services Commission. CLAIMS AGAINST THE CITY 3) GOVERNMENT TORT CLAIM DENIALS It is recommended that the City Council deny the following Government Tort Claims and the claimants be notified: • Mercury Insurance ASO Isabel Oliva vs. The City of West Covina • Isabel Oliva vs. The City of West Covina • Kevin Howard vs. The City of West Covina • Rebecca Proctor vs. The City of West Covina • Samuel Kim vs. The City of West Covina • Christopher Bonilla vs. The City of West Covina CITY MANAGER'S OFFICE 4) CONSIDERATION OF AMENDMENT TO CLIENTFIRST AGREEMENT FOR INFORMATION TECHNOLOGY SERVICES It is recommended that the City Council authorize the City Manager to negotiate and execute a Professional Services Agreement and increase the purchase order with ClientFirst Consulting Group to perform IT support services for an amount not to exceed $76,500. COMMUNITY DEVELOPMENT 5) CONSIDERATION OF AWARD OF CONTRACT FOR THE CONSTRUCTION OF AZUSA AVENUE SEWER LIFT STATION UPGRADES - PROJECT NO. U-17022 It is recommended that the City Council take the following actions: 1. Authorize the Interim City Manager to negotiate and execute a contract service agreement with Pyramid Building & Engineering, Inc. of Hesperia, California, in the amount of $2,239,700 for the construction of the Azusa Avenue Sewer Lift Station Upgrades, Project U-17022; 2. Authorize the Interim City Manager to negotiate and execute a professional services agreement with GK & Associates of Diamond Bar, California, in the amount of $118,110 for construction management and inspection services; and 3. Adopt the following resolution: RESOLUTION NO. 2019-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2018, AND ENDING JUNE 30, 2019(Azusa Sewer Lift Station) 6) SUMMARY VACATION OF A PORTION OF WEST COVINA PARKWAY ADJACENT TO 1400 WEST COVINA PARKWAY It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2019-20 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, SUMMARILY VACATING AND ABANDONING EASEMENT FOR STREET AND HIGHWAY PURPOSES ON WEST COVINA PARKWAY ADJACENT TO 1400 WEST COVINA PARKWAY THAT IS NO LONGER REQUIRED FOR PUBLIC USE WITHIN THE CITY OF WEST COVINA AND AS MORE PARTICULARLY DESCRIBED IN THIS RESOLUTION 7) TRAFFIC COMMITTEE MINUTES FROM FEBRUARY 12, 2019 It is recommended that the City Council receive and file the attached minutes of the Traffic Committee meeting of February 12, 2019. 8) BEGIN ANNUAL PROCEEDINGS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2019-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA ORDERING THE PREPARATION OF A REPORT REGARDING THE FISCAL YEAR 2019-20 ASSESSMENT TO BE LEVIED IN CONNECTION WITH LANDSCAPE MAINTENANCE DISTRICT NO. 4 RESOLUTION NO. 2019-22 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA PRELIMINARILY APPROVING THE ENGINEER’S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 4, DECLARING THE INTENTION OF THE CITY COUNCIL TO LEVY AN ASSESSMENT FOR FISCAL YEAR 2019-20 IN CONNECTION WITH SUCH DISTRICT AND SETTING A PUBLIC HEARING FOR JUNE 4, 2019 REGARDING THAT ASSESSMENT 9) BEGIN ANNUAL PROCEEDINGS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6 AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2019-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA ORDERING THE PREPARATION OF A REPORT REGARDING THE FISCAL YEAR 2019-20 ASSESSMENT TO BE LEVIED IN CONNECTION WITH LANDSCAPE MAINTENANCE DISTRICT NO. 6 RESOLUTION NO. 2019-24 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA PRELIMINARILY APPROVING THE ENGINEER’S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 6, DECLARING THE INTENTION OF THE CITY COUNCIL TO LEVY AN ASSESSMENT FOR FISCAL YEAR 2019-20 IN CONNECTION WITH SUCH DISTRICT AND SETTING A PUBLIC HEARING FOR JUNE 4, 2019 REGARDING THAT ASSESSMENT 10) BEGIN ANNUAL PROCEEDINGS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2019-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA ORDERING THE PREPARATION OF A REPORT REGARDING THE FISCAL YEAR 2019-20 ASSESSMENT TO BE LEVIED IN CONNECTION WITH LANDSCAPE MAINTENANCE DISTRICT NO. 7 RESOLUTION NO. 2019-26 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA PRELIMINARILY APPROVING THE ENGINEER’S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 7, DECLARING THE INTENTION OF THE CITY COUNCIL TO LEVY AN ASSESSMENT FOR FISCAL YEAR 2019-20 IN CONNECTION WITH SUCH DISTRICT AND SETTING A PUBLIC HEARING FOR JUNE 4, 2019 REGARDING THAT ASSESSMENT 11) WEST COVINA CITYWIDE SEWER SERVICE CHARGE: DIRECTING THAT CHARGES BE COLLECTED ON THE TAX ROLL AND SETTING A DATE FOR A PUBLIC HEARING It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2019-27 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA DECLARING ITS INTENTION TO COLLECT SEWER SERVICE CHARGES ON THE COUNTY TAX ROLL FOR FISCAL YEAR 2019-20 AND SETTING A PUBLIC HEARING FOR JUNE 18, 2019 REGARDING A REPORT ON THE CHARGES TO BE SO COLLECTED 12) BEGIN ANNUAL PROCEEDINGS FOR CITYWIDE LIGHTING AND MAINTENANCE DISTRICT AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2019-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA ORDERING THE PREPARATION OF A REPORT REGARDING THE FISCAL YEAR 2019-20 ASSESSMENT TO BE LEVIED IN CONNECTION WITH THE CITYWIDE LIGHTING AND MAINTENANCE DISTRICT RESOLUTION NO. 2019-29 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA PRELIMINARILY APPROVING THE ENGINEER’S REPORT FOR THE CITYWIDE LANDSCAPE AND MAINTENANCE DISTRICT, DECLARING THE INTENTION OF THE CITY COUNCIL TO LEVY AN ASSESSMENT FOR FISCAL YEAR 2019-20 IN CONNECTION WITH SUCH DISTRICT AND SETTING A PUBLIC HEARING FOR JUNE 18, 2019 REGARDING THAT ASSESSMENT POLICE DEPARTMENT 13) CONSIDERATION OF AWARD OF BID FOR POLICE DEPARTMENT FIREARMS RANGE UPGRADE It is recommended that the City Council take the following actions: 1. Find that Cinbad Industry is the sole responsible bidder for the Police Department firearms range upgrade; and 2. Authorize the City Manager to negotiate and execute a professional services agreement and related documents with Cinbad Industry totaling $110,170.13, from Account No. 117.31.3110.7500 and No. 130.31.3120.6270. 14) CONTINUED POLICE INFORMATION TECHNOLOGY SERVICES It is recommended that the City Council authorize the City Manager to execute an agreement (of up to $175,000/30 months) with Scientia Consulting Group, subject to City Attorney approval, for continued specialized police information technology services, from Account No. 117.31.3119.6120, in accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (b), which states that bidding procedures may be dispensed with when it would be impracticable or useless, and the public welfare would be promoted by dispensing with the same. 15) PURCHASING AND EQUIPPING POLICE PATROL VEHICLES It is recommended that the City Council take the following actions: 1. In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333 (i) (2), and the findings of the West Covina Finance Department/Purchasing Officer, find that the Sourcewell/National Joint Powers Alliance (NJPA) Master Vehicle Contract # 120716-NAF satisfies West Covina’s bid process, and authorize the purchase of a total of ten (10) police interceptor utility vehicles per specifications, directly from Wondries Fleet Group of Alhambra (part of National Auto Fleet Group) for a total of $376,942.69, including taxes and fees, from Account No. 367.31.3120.7170 and No. 365.41.4170.6417. 2. Authorize the purchase of vehicle mounted equipment and installation services for these new vehicles from Black & White Emergency Vehicles (the City’s currently authorized public safety equipment purchase and installation vendor), totaling $168,083.49, from Account No. 117.31.3120.7160. PUBLIC SERVICES 16) CONSIDERATION OF INCREASE OF PURCHASE ORDER TO ACE PELIZON PLUMBING FOR FISCAL YEAR 2018-19 It is recommended that the City Council approve an increase in the purchase order for Fiscal Year (FY) 2018-19 for Ace Pelizon Plumbing in an amount not to exceed of $40,000. 17) CONSIDERATION OF AGREEMENT WITH SOUTHERN CALIFORNIA EDISON FOR CONVERSION OF ALL SCE OWNED STREET LIGHTS TO ENERGY EFFICIENT LIGHT EMITTING DIODE (LED) FIXTURES - COUNCILMAN CASTELLANOS It is recommended that the City Council authorize the City Manager to negotiate and execute an Agreement with Southern California Edison (SCE), LS-1 Option E, to convert SCE owned street lights from High Pressure Sodium Vapor (HPSV) or Mercury Vapor (MV) to Light Emitting Diode (LED). 18) CONSIDERATION OF APPROVAL OF EMERGENCY VEHICLE FLEET MAINTENANCE PURCHASE ORDER AMENDMENT FOR FISCAL YEAR 2018- 19 It is recommended that the City Council approve the emergency vehicle fleet maintenance purchase order amendment for Fiscal Year 2018-19. END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 19) ZONE CHANGE NO. 19-01 - CHANGE THE ZONING DESIGNATION OF 1904 PACIFIC LANE FROM "SINGLE-FAMILY RESIDENTIAL" (R-1) TO "MULTIPLE-FAMILY RESIDENTIAL" (MF-20) The Planning Commission recommends that the City Council read the title of the ordinance and waive further reading, and introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 19-01 TO CHANGE THE ZONING FOR THE PROPERTY AT 1904 W. PACIFIC LANE FROM “SINGLE FAMILY RESIDENTIAL” (R-1) TO “MULTIPLE FAMILY 20” (MF-20) DEPARTMENTAL REGULAR MATTERS CITY MANAGER'S OFFICE 20) PROPOSED URGENCY ORDINANCE AND ORDINANCE ESTABLISHING A PUBLIC, EDUCATIONAL AND GOVERNMENTAL FEE It is recommended that the City Council take the following actions: 1. Waive full reading and adopt, by four-fifths vote, Urgency Ordinance No. 2456, amending Article II of Chapter 11 of the West Covina Municipal Code to establish a public, educational, and governmental fee on state video franchisees operating within the City; and give first reading to Ordinance No. 2457, amending Article II of Chapter 11 of the West Covina Municipal Code to establish a public, educational, and governmental fee on state video franchisees operating within the City: URGENCY ORDINANCE NO. 2456 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING ARTICLE II (VIDEO FRANCHISES) OF CHAPTER 11 (FRANCHISES) OF THE WEST COVINA MUNICIPAL CODE TO ESTABLISH A PUBLIC, EDUCATIONAL, AND GOVERNMENTAL FEE ON STATE VIDEO FRANCHISEES OPERATING WITHIN THE CITY OF WEST COVINA ORDINANCE NO. 2457 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING ARTICLE II (VIDEO FRANCHISES) OF CHAPTER 11 (FRANCHISES) OF THE WEST COVINA MUNICIPAL CODE TO ESTABLISH A PUBLIC, EDUCATIONAL, AND GOVERNMENTAL FEE ON STATE VIDEO FRANCHISEES OPERATING WITHIN THE CITY OF WEST COVINA MAYOR/COUNCILMEMBERS REPORTS AB 1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councilmembers shall make a brief report or file a written report on any meeting/event/conference attended at City expense.) 21) AMENDING THE DUTIES OF THE AUDIT COMMITTEE - MAYOR PRO TEM TONY WU The Audit Committee recommends that the City Council approve the following resolution: RESOLUTION NO. 2019-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE NAME, PROCEDURES, RULES AND REGULATIONS FOR THE AUDIT COMMITTEE. CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 4.f - Requests for reports, studies, or investigations that are not readily available must be placed on the City Council/Successor Agency agenda as items of business and must be approved by a majority of the City Council/Successor Agency Board.) CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting 05/21/19 7:00 PM RULES OF DECORUM The following are excerpts from the West Covina Municipal Code: Sec. 2-48. Manner of addressing council; time limit; persons addressing may be sworn. a.Each person addressing the council shall step up to the rostrum, shall give his or her name and city of residence in an audible tone of voice for the record and unless further time is granted by the council, shall limit his or her address to five (5) minutes. b.The city council may establish a limit on the duration of oral communications. c.All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the presiding officer. No question shall be asked of a councilmember except through the presiding officer. d.The presiding officer may require any person to be sworn as a witness before addressing the council on any subject. Any such person who, having taken an oath that he or she will testify truthfully, willfully and contrary to such oath states as true any material matter which he knows to be false may be held to answer criminally and subject to the penalty prescribed for perjury by the provisions of the Penal Code of the state. Sec. 2-50. Decorum--Required. a.While the council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or disrupt the proceedings or the peace of the council nor interrupt any member while speaking or refuse to obey the orders of the council or its presiding officer, except as otherwise herein provided. b.Members of the public shall not willfully disrupt the meeting or act in a manner that actually impairs the orderly conduct of the meeting. For the purposes of this code, “willfully disrupt” includes, but is not limited to, continuing to do any of the following after being warned by the Mayor that continuing to do so will be a violation of the law: a.Addressing the Mayor and City Council without first being recognized. b.Persisting in addressing a subject or subjects, other than that before the Mayor and City Council. c.Repetitiously addressing the same subject. d.Failing to relinquish the podium when directed to do so. e.From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a council member, or a staff member or shouting or attempting to shout over a speaker, the Mayor, a council member or a staff member. f.As a speaker, interrupting or attempting to interrupt the Mayor, a council member, or a staff member, or shouting over or attempting to shout over the Mayor, a council member, or a staff member. Nothing in this section or any rules of the council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City or of the acts or omissions of the City Council. It shall be unlawful to violate the provisions of this Section. If any subsection, sentence, clause, or phrase or word of this Section 2-50 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The City Council hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases or words had been declared invalid or unconstitutional. Sec. 2-52. Persons authorized to be within council area. No person, except city officials, their representatives and members of the news media shall be permitted within the rail in front of the council chamber without the express consent of the council. The following are excerpts from the Penal Code 148(a) (1) Every Person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. 403 Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 303 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor.