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08-04-2020 - Regular Session AgendaCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY AUGUST 4, 2020, 7:00 PM REGULAR MEETING CITY HALL 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 On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20, suspending certain requirements of the Brown Act relating to the conduct of public meetings. 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 June 28, 2020, the Los Angeles County Public Health Officer issued a revised Health Officer Order directing, among other things, that all persons living within the Los Angeles County Public Health Jurisdiction remain in their residences whenever practicable. On July 1, 2020, the State, noting that COVID-19 transmission rates continue to rise, issued guidance instrnctmg counties that have been on the County Monitoring List for three consecutive days or more, including Los Angeles County, to close indoor operations within certain sectors. On July 13, 2020, the State issued guidance requiring the closure of indoor operations in additional sectors. Due to the recent concerns about the rise in COVID-19 transmission rates, the City Council Chambers will be closed to the public until further notice. Public Participation: Members of the public may watch the City Council meeting live on the City's website at: https://www.westcovina.org/departrnents/city-clerk/agendas-and-meetings/current-meetings-and-agendas under the "Watch Live" tab or through the West Covina City YouTube channel at www.westcovina.org/LIVE. Members of the public can submit public comments to the City Clerk via e-mail at City Clerk(&westcovina.org. The subject line should specify either "Oral Communications or Public Hearing — 8/4/2020". Please include your full name and address in your e-mail. All entails received by 3:00 P.M. on the day of the Council meeting will be posted to the City's website under "Current Meetings and Agendas" and provided to the City Council prior to the meeting. No comments will be read out loud during the meeting. All comments received will be made part of the official public record of the meeting. If you wish to address the Council by telephone during Oral Communications or a public hearing, you may contact the City Clerk by email City Clerk(a)westcovina.org or by telephone (626) 939-8433 by 3:00 P.M. on the day of the Council meeting for instructions regarding addressing the City Council by telephone during the meeting. 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 can (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. RULES OFDECORUM 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 AUGUST 4, 2020, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Samuel Martinez from Amazing Love Ministries. PLEDGE OF ALLEGIANCE Led by Councilmember Shewmaker ROLL CALL REPORTING OUT FROM CLOSED SESSION PRESENTATIONS • Recognition to Anna's Pizza • Donation — Adopt A Senior Program — • Chinese American Association of West Covina • Dario Castellanos 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 Council/Community Development Commission request specific items to be removed from the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES JULY 21, 2020 CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES JULY 219 2020 CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES It is recommended that the City Council approve the July 21, 2020, Closed Session Meeting Minutes and the July 21, 2020, Regular Session Meeting Minutes. INVESTMENT REPORT CONSIDERATION OF INVESTMENT REPORT FOR THE MONTH ENDED MAY 31, 2020 It is recommended that the City Council receive and file the Investment Report for the month ended May 31, 2020. ORDINANCES FOR ADOPTION - Procedural Waiver. Waive full reading of each ordinance on the agenda and authorize the approval of each ordinance by title only. COMMUNITY DEVELOPMENT CONSIDERATION OF APPROVAL OF TRANSFER AGREEMENT WITH THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, AGREEMENT NO.2020MP83, FOR THE SAFE, CLEAN WATER PROGRAM — MUNICIPAL PROGRAM It is recommended that the City Council take the following actions: 1. Authorize the City Manager to negotiate and execute the Transfer Agreement with the Los Angeles County Flood Control District; and 2. Authorize the City Manager to negotiate and execute any amendments to the Transfer Agreement. CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO. 2471 - CODE AMENDMENT NO.20-01, RELATED TO FILM PERMIT STANDARDS It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2471 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING CODE AMENDMENT NO.20-01, RELATED TO FILM PERMIT STANDARDS HUMAN RESOURCES/RISK MANAGEMENT 5) CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA POLICE MANAGEMENT ASSOCIATION It is recommended that the City Council adopt the following Resolution: RESOLUTION NO. 2020-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA POLICE MANAGEMENT ASSOCIATION 6) CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE NON -SWORN SAFETY SUPPORT EMPLOYEES' UNION It is recommended that the City Council adopt the following Resolution: RESOLUTION NO. 2020-76 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE NON -SWORN SAFETY SUPPORT EMPLOYEES' UNION REPRESENTED BY THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 1932 7) CONSIDERATION OF GOVERNMENT TORT CLAIMS It is recommended that the City Council deny the following Government Tort Claims and the claimants to be notified: 1. David Branconier vs. City of West Covina POLICE DEPARTMENT 8) CONSIDERATION OF APPLICATION FOR 2020 JUSTICE ASSISTANCE GRANT FROM U.S. DEPARTMENT OF JUSTICE It is recommended that the City Council take the following actions: 1. Approve the 2020 Justice Assistance Grant application, totaling $17,856, and authorize the Mayor and City Manager (or his designee) to execute all grant related documents; and 2. Adopt the attached resolution authorizing the necessary budget amendments: RESOLUTION NO. 2020-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 20209 AND ENDING JUNE 309 2021 (2020 BJA JAG GRANT) END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS PUBLIC HEARING TO CONSIDER CODE AMENDMENT NO.20-04 FOR RESIDENTIAL AGRICULTURAL ZONE (R-A) AND SINGLE-FAMILY RESIDENTIAL ZONE (R-1) STANDARDS It is recommended that the City Council: 1. Conduct a public hearing regarding Code Amendment No. 20-04; and 2. Introduce for first reading, by title only, further reading waived, the following ordinance: ORDINANCE NO. 2473 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING CODE AMENDMENT NO.20-04, CODE AMENDMENT RELATED TO RESIDENTIAL -AGRICULTURE (R-A) AND SINGLE-FAMILY RESIDENTIAL (R-1) STANDARD DEPARTMENTAL REGULAR MATTERS CITY CLERK'S OFFICE 10) CONSIDERATION OF DESIGNATION OF VOTING DELEGATE AND ALTERNATES FOR LEAGUE OF CALIFORNIA CITIES 2020 ANNUAL CONFERENCE It is recommended that the City Council designate a voting delegate and voting delegate alternatives for the League of California Cities 2020 Annual Conference and Expo, Annual Business Meeting (during General Assembly). 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 8/18/2020 7:00 PM 11 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 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.