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05-05-2020 - Regular Session AgendaO WEST ON CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY MAY 5, 2020, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Tony Wu Mayor Pro Tent Letty Lopez-Viddo Councilman Dario Castellanos Councilman Lloyd Johnson Councilmember Jessica C. Shewmaker IN ORDER TO REDUCE THE SPREAD OF THE COVID-19 VIRUS, GOVERNOR NEWSOM HAS ISSUED EXECUTIVE ORDERS THAT TEMPORARILY SUSPEND CERTAIN REQUIREMENTS OF THE BROWN ACT AND ALLOW COUNCIL MEMBERS TO ATTEND CITY COUNCIL MEETINGS TELEPHONICALLY. PURSUANT TO THE GOVERNOR'S EXECUTIVE ORDERS AND DUE TO CONCERNS OVER COVID-19, THE CITY COUNCIL MEETING WILL BE CONDUCTED ENTIRELY TELEPHONICALLY. Public Participation: In accordance with Executive Order N-29-20 and guidance from the California Department of Public Health on gatherings, City Council Chambers will remain closed to the public. Members of the public may participate remotely in the following ways: Public comments will be accepted via e-mail to the City Clerk at City Clerk(o)westcovina.org. The subject line should specify either "Public Comment or Public Hearing — 5/5/2020". Please include your full name and address in your e-mail. The City Clerk will read emails received by 6:30 P.M. the day of the Council meeting out loud into the public record. If you wish to address the Council by telephone during public comment or a public hearing, you may contact the City Clerk by email City Clerkna,westcovina.org or by telephone (626) 939-8433 by 6:30 P.M. on the day of the Council meeting, to advise the City Clerk that you would like to address the Council during public comment or a public hearing. Members of the public may watch City Council meetings live through the West Covina City YouTube channel at www.westcovina.org/LIVE. Council meeting videos are also posted to the City's Video Archive on httos://www.westcovina.ore/deDartrnents/citv-clerk/a2endas-and-meetines/current-meetines-and-agendas. AMERICANS WITHDISABILITIESACT 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 248, 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. ROLES OF DECOR(IM 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 5, 2020, 7:00 PM REGULAR MEETING INVOCATION Assistant City Manager Mark Persico PLEDGE OF ALLEGIANCE Led by Councilman Johnson ROLL CALL REPORTING OUT FROM CLOSED SESSION PROCLAMATIONS: • Lupus • Fibromyalgia • Mental Health 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. CITY MANAGER'S REPORT City Manager's report on current City projects. 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 CouncillCommunity Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES 1) APRIL 21, 2020 CITY COUNCIL/SUCCESSOR AGENCY REGULAR MEETING MINUTES APRIL 21, 2020 CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES It is recommended that the Clty Council approve the April 21, 2020 Regular Meeting Minutes and the April 21, 2020 Closes Session Meeting Munutes. COMMISSION SUMMARY OF ACTIONS 2) SUMMARY OF ACTIONS FOR THE COMMUNITY AND SENIOR SERVICES COMMISSION MEETING OF JANUARY 14, 2020. It is recommended that the City Council receive and file the Summary of Actions for the January 14, 2020, regular meeting of the Community and Senior Services Commission. INVESTMENT REPORT 3) CONSIDERATION OF INVESTMENT REPORT FOR THE MONTH ENDED FEBRUARY 29, 2020 It is recommended that the City Council receive and file the Investment Report for the month ended February 29, 2020. 4) CONSIDERATION OF INVESTMENT REPORT FOR THE MONTH ENDED MARCH 31, 2020 It is recommended that the City Council receive and file the Investment Report for the month ended March 31, 2020. CITY MANAGER'S OFFICE 5) CONSIDERATION OF CONTRACT FOR MICROSOFT ENTERPRISE AGREEMENT WITH SOFTWAREONE It is recommended that the City Council authorize the City Manager, to execute a three-year agreement, in a form approved by the City Attorney, with SoftwareOne in the amount of $159,992.47 per year (a total of $479,977.41) to provide a Microsoft Enterprise Agreement for the City of West Covina based on the terms and conditions of the County of Riverside Master Microsoft Enterprise Agreement #8084445 with Microsoft Corporation. 6) CONSIDERATION OF RESOLUTION NO.2020-41 EXTENDING THE LOCAL EMERGENCY DECLARATION That the City Council adopt Resolution 2020-41 as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY PROCLAIMED ON MARCH 16, 2020 7) CONSIDER APPROVAL OF UPDATED BUDGET AND FINANCIAL POLICIES It is recommended that the City Council adopt Resolution No. 2020-35 Approving Updated Financial and Budget Policies. COMMUNITY DEVELOPMENT 8) CONSIDERATION OF RENEWAL OF LANDSCAPE MAINTENANCE DISTRICT NO.4 — ORDERING OF ENGINEER'S REPORT AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT It is recommended that the City Council take the following actions 1. Adopt the following resolution: RESOLUTION NO. 2020-27 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE PREPARATION AND FILING OF A REPORT REGARDING THE FISCAL YEAR 2020-21 ASSESSMENT TO BE LEVIED IN CONNECTION WITH LANDSCAPE MAINTENANCE DISTRICT NO.4 2. Following adoption of Resolution No. 2020-27, adopt the following resolution: RESOLUTION NO. 2020-28 — 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 ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2020-21 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS CONSIDERATION OF RENEWAL OF LANDSCAPE MAINTENANCE DISTRICT NO. 6 — ORDERING OF ENGINEER'S REPORT AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT It is recommended that the City Council take the following actions 1. Adopt the following resolution: RESOLUTION NO. 2020-29 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE PREPARATION AND FILING OF A REPORT REGARDING THE FISCAL YEAR 2020-21 ASSESSMENT TO BE LEVIED IN CONNECTION WITH LANDSCAPE MAINTENANCE DISTRICT NO.6 2. Following adoption of Resolution No. 2020-29, adopt the following resolution: RESOLUTION NO. 2020-30 — 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 ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2020-21 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS 10) CONSIDERATION OF RENEWAL OF LANDSCAPE MAINTENANCE DISTRICT NO. 7 — ORDERING OF ENGINEER'S REPORT AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT It is recommended that the City Council take the following actions: 1. Adopt the following resolution: RESOLUTION NO. 2020-31— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE PREPARATION AND FILING OF A REPORT REGARDING THE FISCAL YEAR 2020-21 ASSESSMENT TO BE LEVIED IN CONNECTION WITH LANDSCAPE MAINTENANCE DISTRICT NO.7 2. Following adoption of Resolution No. 2020-31, adopt the following resolution: RESOLUTION NO. 2020-32 — 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 ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2020-21 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS 11) CONSIDERATION OF RENEWAL OF THE CITYWIDE LIGHTING AND MAINTENANCE DISTRICT AND PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT It is recommended that the City Council take the following actions: 1. Adopt the following resolution: RESOLUTION NO. 2020-33 —A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ORDERING THE PREPARATION AND FILING OF A REPORT REGARDING THE FISCAL YEAR 2020-21 ASSESSMENT TO BE LEVIED IN CONNECTION WITH THE CITY'S CITYWIDE LIGHTING AND MAINTENANCE DISTRICT 2. Following adoption of Resolution No. 2020-33, adopt the following resolution: RESOLUTION NO. 2020-34 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PRELIMINARILY APPROVING THE ENGINEER'S REPORT FOR THE CITYWIDE LIGHTING AND MAINTENANCE DISTRICT, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2020-21 AND SETTING A PUBLIC HEARING REGARDING SUCH ASSESSMENTS 12) CONSIDERATION OF WEST COVINA CITYWIDE SEWER SERVICE CHARGE - RESOLUTION OF INTENTION TO COLLECT SEWER SERVICE CHARGES ON COUNTY TAX ROLL FOR FY 2020-21 AND SETTING A PUBLIC HEARING DATE ON THE CHARGES It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2020-36 — 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 2020-21 AND SETTING JUNE 16, 2020 FOR A PUBLIC HEARING REGARDING THE CHARGES TO BE SO COLLECTED HUMAN RESOURCES/RISK MANAGEMENT 13) CONSIDERATION OF AUTHORIZATION TO PARTICIPATE IN THE CALIFORNIA JOINT POWERS AUTHORITY (CJPIA) FOR THE CITY'S GENERAL LIABILITY AND WORKERS' COMPENSATION AND OTHER INSURANCE NEEDS It is recommended that City Council take the following actions: 1. Authorize the City's withdrawal from the California State Association of Counties (CSAC) Excess Insurance Authority effective July 1, 2020. 2. Authorize the City to join the California Joint Powers Insurance Authority (CJPIA) and pool the City's self-insurance general liability and workers' compensation insurance through the CJPIA programs by adopting the following resolutions: RESOLUTION NO.2020-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING EXECUTION OF THE JOINT POWERS AGREEMENT CREATING THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY RESOLUTION NO.2020-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO AUTHORIZE AND APPROVE POOLING OF SELF-INSURANCE THROUGH THE EXCESS LIABILITY PROTECTION PROGRAM OF THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY RESOLUTION NO.2020-39 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, TO AUTHORIZE AND APPROVE POOLING OF SELF-INSURANCE THROUGH THE EXCESS WORKERS' COMPENSATION PROGRAM OF THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY RESOLUTION NO.2020-40 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PROVIDING WORKERS' COMPENSATION COVERAGE FOR CERTAIN CITY OF WEST COVINA VOLUNTEERS PURSUANT TO THE PROVISIONS OF SECTION 3363.5 OF THE LABOR CODE 3. Authorize the City Manager to negotiate and execute the Joint Powers Agreement and any related documents. 4. Authorize the use of CJPIA for the City's other insurance needs, such as property, automobile, cyber and crime and authorize the City Manager to execute any related documents. 5. Authorize the City Manager to negotiate and execute Third -Party Administrator (TPA) Agreements with Carl Warren and Company for General Liability Claims Administration and Sedgwick for Workers' Compensation Claims Administration and any related documents. 6. Authorize the Finance Director to fund and replenish reserve funds for the payment of the self -insured retention (SIR) portion of general liability claims with Carl Warren and Company and Workers' Compensation claims with Sedgwick; and 7. Approve the Certification of Director and Altemate(s) to CJPIA, appointing Councilmember Dario Castellanos as Director, and appointing City Manager David Carmany, Mayor Tony Wu, Mayor Pro Tern Letty Lopez-Viado, Councilmember Lloyd Johnson, and Councilmember Jessica Shewmaker as alternates to represent the City Council. PUBLIC SERVICES 14) CONSIDERATION OF THE SALE OF SURPLUS VEHICLES AND EQUIPMENT It is recommended that the City Council, in accordance with West Covina Municipal Code Chapter 2, Article VII, Division 1, Section 2-316, authorize the sale of the surplus vehicles listed below by the public auction company US Auctions. END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 15) CONSIDERATION OF CODE AMENDMENT NO. 16-03 - WIRELESS TELECOMMUNICATIONS FACILITIES IN THE PUBLIC RIGHT-OF-WAY That Planning Commission recommends that the City Council consider a Zoning Code Amendment as follows: ORDINANCE NO.2470 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING CODE AMENDMENT NO. 16-03, RELATED TO WIRELESS TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT OF WAY 16) CONSIDERATION OF CODE AMENDMENT NO.20-02 - COMMERCIAL LAND USES AND STANDARDS The Planning Commission recommends that the City Council consider a Zoning Code Amendment as follows: ORDINANCE NO.2472 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING CODE AMENDMENT NO.20-02, CODE AMENDMENT RELATED TO COMMERCIAL (NONRESIDENTIAL) USES AND STANDARDS 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) CITY COUNCIL REOUESTS 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 5-19-2020 7:00 PM 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. See. 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.