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06-16-2020 - Regular Session AgendaO WEST ON CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY DUNE 16, 2020, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Tony Wu Mayor Pro Tem Letty Lopez-Viddo Councilman Dario Castellanos Councilman Lloyd Johnson Councilmember Jessica C. Shewmaker Please turn off all cell phones and other electronic devices prior to entering the Council Chambers 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 Clerkna,westcovina.ore. The subject line should specify either "Public Comment or Public Hearing — 6/16/2020". Please include your full name and address in your e-mail. The City Clerk will read entails 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 Clerk(&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 https://www.westcovina.org/departrnents/city-clerk/agendas-and-meetings/current-meetings-and-agendas. 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.westcovim.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 idendfy 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. RiILEV OF DECORiIM 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 JUNE 16, 2020, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Emeritus Carmany of the United Church of Huntington. PLEDGE OF ALLEGIANCE Led by Councilman Castellanos ROLL CALL REPORTING OUT FROM CLOSED SESSION PRESENTATIONS • Inland Valley Humane Society & S.P.C.A - Nikole Bresciani • South Hills High School — Graduating Class of 2020 • West Covina High School I Edgewood High School I Coronado High School — Graduating Classes of 2020 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) JUNE 2, 2020 CITY COUNCIL/SUCCESSOR AGENCY REGULAR MEETING MINUTES JUNE 29 2020 CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES It is recommended that the City Council approve the June 2, 2020, Regular Meeting Minutes, and the June 2, 2020, Closed Session Meeting Minutes. CLAIMS AGAINST THE CITY 2) CONSIDERATION OF GOVERNMENT TORT CLAIMS It is recommended that the City Council deny the following Government Tort Claims and the claimants be notified: 1. Nancy Diaz vs. The City of West Covina 2. James Moss vs. The City of West Covina 3. Jacob Dominguez, Ann Martinez, Linda Quinonez, Oscar Escamillo, Mary Escamillo, Fabviola Rosales, Lorenzo Dominguez Estate of Gracie Contreras vs. The City of West Covina CITY MANAGER'S OFFICE 3) APPOINTMENT OF HUMAN RESOURCES COMMISSIONER ROSY FRANCO It is recommended that the City Council receive and file this informational report. COMMUNITY DEVELOPMENT 4) CONSIDER ADOPTION OF VEHICLE MILES TRAVELED ("VMT") AND THRESHOLDS OF SIGNIFICANCE FOR PURPOSES OF ANALYZING TRANSPORTATION IMPACTS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT It is recommended that the City Council adopt the following resolution: RESOLUTION NO.2020-57 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING "VEHICLE MILES TRAVELED" THRESHOLDS OF SIGNIFICANCE FOR PURPOSES OF ANALYZING TRANSPORTATION IMPACTS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 5) WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1 SETTING OF FISCAL YEAR 2020-21 ASSESSMENT RATE It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2020-59 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA SETTING THE ASSESSMENT RATE FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO. 1 FOR THE FISCAL YEAR BEGINNING JULY 1, 2020 6) CONSIDER SETTING OF FISCAL YEAR 2020-21 ASSESSMENT RATE FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.2 It is recommended that the City Council adopt the following resolution, which provides for the assessment rate to be maintained at the current rate. RESOLUTION NO. 2020-60 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA SETTING THE ASSESSMENT RATE FOR WEST COVINA LANDSCAPE MAINTENANCE DISTRICT NO.2 FOR THE FISCAL YEAR BEGINNING JULY 1, 2020 7) CONSIDER INITIATION OF CODE AMENDMENT NO 20-06 REGARDING WIRELESS TELECOMMUNICATION FACILITIES WITHIN ALL LAND -USE ZONES That the City Council adopt the following resolution: RESOLUTION NO.2020-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO.20-06 RELATED TO WIRELESS TELECOMMUNICATION FACILITIES WITHIN ALL LAND USE ZONES 8) CONSIDERATION OF FISCAL YEAR 2020-21 PROJECTS FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2020-63 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING A LIST OF FISCAL YEAR 2020-21 PROJECTS FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 HUMAN RESOURCES/RISK MANAGEMENT 9) CONSIDERATION OF BUDGET AMENDMENT FOR FISCAL YEAR 2019-2020 It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2020-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2019 AND ENDING JUNE 30, 2020 PUBLIC HEARINGS 10) PUBLIC HEARING REGARDING WEST COVINA CITYWIDE SEWER SERVICE CHARGE - CONTINUE TO JUNE 23, 2020 It is recommended that the City Council continue the public hearing regarding the Citywide Sewer Service Charge to the Special City Council meeting of June 23, 2020. 11) PUBLIC HEARING FOR WEST COVINA LIGHTING AND MAINTENANCE DISTRICT - CONTINUE TO JUNE 239 2020 It is recommended that the City Council continue the public hearing regarding the Citywide Lighting and Maintenance District to the Special City Council meeting of June 23, 2020. DEPARTMENTAL REGULAR MATTERS FINANCE DEPARTMENT 12) FISCAL YEAR 2020/2021 PRELIMINARY BUDGET DISCUSSION It is recommended that the City Council: 1) receive and file the Preliminary Fiscal Year Preliminary 2020-21 Operating and Capital Improvement Program Budget, 2) direct that the Preliminary Budget be broadly publicly disseminated, and 3) schedule the 2020-21 Budget for consideration at the June 23rd City Council meeting. 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) 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 July 7, 2020 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 anyone 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 countyjail 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.