Loading...
04-21-2020 - Closed Session AgendaO WEST ON CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY APRIL 21, 2020, 6:00 PM REGULAR MEETING - CLOSED SESSION CITY HLL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Tony Wu Mayor Pro Tern Letty Lopez Viado Councilman Dario Castellanos Councilman Lloyd Johnson Councilmember Jessica C. Shewmaker Governor Newsom issued Executive Orders (N-25-20 and N-29-20), which temporarily suspend certain requirements of the Brown Act. Pursuant to the Executive Orders, Council Members may attend City Council meetings telephonically and the City Council is not required to make available a physical location from which members of the public may observe the meeting and offer public comment. On March 19, 2020, the Governor issued Executive Order N-33-20, directing that all individuals living in the State of California stay at home or their place of residence except as needed to maintain the continuity of operations of designated federal critical infrastructure sectors. Consistent with the Governor's Executive Orders, please be advised that the City Council Chambers are closed to the public and that some, or all, of the West Covina City Council Members may attend this meeting telephonically. Due to the essential nature of City Council meetings in conducting official City business, the April 21, 2020 City Council meeting will take place as scheduled, with the following changes and additional opportunities to participate: 1. CHAMBERS CLOSED TO THE PUBLIC. The City Council Chambers will be closed to the public. 2. E-MAILED PUBLIC COMMENT. Members of the public that wish to address the Council during public comment or a public hearing may submit public comments via e-mail to the City Clerk at City Clerlodwestcoviva.ore. The subjea line should specify either "Public Comment — 4/21/20". Please include your full name and address in yew e-mail. The City Clerk will read emails received by 5:30PM the day of the Council meeting out loud into the public record. All email comments must be received by 5:30PM the day of the meedne. 3. TELEPHONIC ACCESSIBILITY. If you wish to address the Council by telephone during public comment or a public hearing, you may contact the City Clerk by email or by telephone to advise the City Clerk that you would like to address the Council during public comment or a public hearing. If emailing such request, please send an email by 5:30PM on the day of the Council meeting to City Clerkawestcovina.me that includes yourname, contact number, and item you wish to comment on, and you will be called during public comment. The subject line etyma email should specify "Public Comment — 4/21/20" . If you would like to make such request by phone, please contact the City Clerk at (626) 939-8433 by no later than 5:30PM on the day of the Council meeting to make the request and provide your name, contact number, and the item you wish to speak on. You most submit your phone number by 5:30PM the day of the meeting, if you wish to speak. 4. LIVE STREAM/RECORDING OF CITY COUNCIL MEETINGS. Members of the public may watch City Council meetings live through the West Covina City YouTLbe channel at www.westcovina om/LIVE. Council meeting videos are also posted to the City's YouTube channel after each meeting. The City of West Covina thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. 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 ROLL CALL PUBLIC COMMENTS ON ITEMS ON THE AGENDA CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code § 54956.9(d)(1) 1. Franco v. City of West Covina (USDC, Central District of California, Case No. 5:18-cv-02587-JGB-SHK) 2. Palacios v. City of West Covina (USDC, Central District of California, Case No. 2:19-cv-01370 CBM (Ex) 3. Whithom v. City of West Covina, et al (Superior Court of California, Case No. 20STCV08916) 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 ADJOURNMENT RULES OF DECORUM The following are excerpts from the West Covina Municipal Code: Sec. 248. 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.