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04-20-2021 - Regular Session AgendaCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY APRIL 20, 2021, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Letty Lopez-Viado Mayor Pro Tern Dario Castellanos Councilwoman Rosario Diaz Councilmember Brian Tabatabai Councilman Tony Wu 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 18, 2020, the California Department of Public Health issued guidance mandating that people in California wear cloth face coverings in specified circumstances, including when they are inside of, or in line to enter, any indoor public space. Due to the ongoing COVID-19 emergency and pursuant to State and County public health directives, the City Council Chambers will havel invited seating available on a first -come, first -served basis for members of the public to attend and participate in the City Council meeting in person. All persons attending the meeting are required to wear cloth face coverings and observe social distancing protocols. Members of the public may also watch City Council the meeting live on the City's website at:https://www.westcovina.ore/departments/city-clerk/asendas-and-meetines/current-meetines-and-asendas under the "Watch Live" tabor through the West Covina City YouTube channel atwww.westcovina.or /� LIVE. If you are experiencing symptoms such as fever or chills, cough, shortness of breath or difficulty breathing, fatigue, or sore throat, the City requests that you participate in the meeting from home by watching the meeting live via the links set forth above. REMOTE PUBLIC PARTICIPATION: In lieu of attending the meeting in person, members of the public can submit public comments via email or address the City Council by telephone using the methods described below. EMAILED PUBLIC COMMENT: Members of the public can submit public comments to the City Clerk via e-mail at City_Clerk@westeovina.org. The subject line should specify "Oral Communications — 4/20/2021" or "Public Hearing Item - 4/20/2021". Please include your full name and address in your e-mail. All emails received by 5:00 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 by the start of the meeting will be made part of the official public record of the meeting. TELEPHONIC ACCESSIBILITY. Members of the public that wish to address the Council by telephone during Oral Communications or a public hearing may contact the City Clerk by email City_Clerk@westcovina.org or by telephone (626) 939-8433 by 5:30 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 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.mg. 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 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 APRIL 20, 2021, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Matt Chavez from One and All Church West Covina PLEDGE OF ALLEGIANCE Led by Councilwoman Diaz ROLL CALL REPORTING OUT FROM CLOSED SESSION PRESENTATIONS • Proclamation for Global Love Day: The Love Foundation Announces the 18th Annual "GLOBAL LOVE DAY"- May 1, 2021 ORAL COMMUNICATIONS - Five (5) minutes per sneaker 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 peck items to be removed from the Consent Calendarfor separate discussion or action. APPROVAL OF MEETING MINUTES APRIL 6, 2021, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES APRIL 6, 2021, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES It is recommended that the City Council approve the April 6, 2021, Closed Session Meeting Minutes, and the April 6, 2021, Regular Session Meeting Minutes. ORDINANCES FOR ADOPTION - Procedural Waiver. Waive full reading of each ordinance on the agenda and authorize the approval of each ordinance by title only. CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO.2480 - CODE AMENDMENT NO. 19-06, PERTAINING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS It is recommended that City Council adopt the following ordinance: ORDINANCE NO.2480 - AN ORDINANCE OF THE CITY COUNCIL OF WEST COVINA, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 26 OF THE MUNICIPAL CODE TO AUTHORIZE ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW REQUIREMENTS CITY MANAGER'S OFFICE CONSIDERATION OF RESOLUTION 2021-31 DESIGNATING MAY AS GANG AWARENESS AND PREVENTION MONTH It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-31- A RESOLUTION OF THE CITY OF WEST COVINA, CALIFORNIA, DESIGNATING MAY AS GANG AWARENESS AND PREVENTION MONTH COMMUNITY DEVELOPMENT CONSIDERATION OF APPROVAL OF FINAL PARCEL MAP NO. 82866 LOCATION: 711 N. AZUSA AVENUE SUBDIVIDER: AZUSA, LLC It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF PARCEL MAP NO.82866 LOCATED AT 711 N. AZUSA AVENUE CONSIDERATION OF AGREEMENTS RELATED TO THE AZUSA AVENUE SEWER LIFT STATION UPGRADES - PROJECT NO. U-17022 It is recommended that the City Council take the following actions: 1. Ratify the City Manager's execution of a Settlement Agreement with NV5, Inc. to contribute to the Azusa Avenue Sewer Lift Station Upgrades project and compensate the City an amount of $74,000 as construction cost recovery due to design issues discovered during the construction of the Azusa Avenue Sewer Lift Station Upgrades project, Project U-17022; 2. Approve and authorize the City Manager to execute a First Amendment to the Professional Services Agreement with NV5 increasing the contract amount by $60,000, for a maximum compensation of $90,000; and 3. Adopt the resolution: RESOLUTION NO.2021-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2020 AND ENDING JUNE 30, 2021 FINANCE DEPARTMENT CONSIDERATION OF AUDIT SERVICES CONTRACT It is recommended that the City Council accept the Audit Committee's recommendation and authorize the City Manager to negotiate and execute an agreement with Van Lant & Fankhanel, LLP, to perform audit services for fiscal years 2021-2025, in an amount not to exceed $246,750. HUMAN RESOURCES/RISK MANAGEMENT CONSIDERATION OF AMENDMENT TO AGREEMENT WITH VITAL MEDICAL SERVICES, LLC FOR COVID-19 SCREENING SERVICES It is recommended that the City Council: 1. Authorize the City Manager to negotiate and execute an amendment to the agreement with Vital Medical Services, LLC to provide for COVID-19 screening services increasing the maximum compensation to $40,000. CONSIDERATION OF JOB DESCRIPTION AND SALARY GRADE FOR PUBLIC HEALTH OFFICER It is recommended that the City Council establish the new job description and approve the salary grade for the Public Health Officer position, by adopting the following resolution: RESOLUTION NO.2021-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE PUBLIC HEALTH OFFICER CLASS SPECIFICATIONS AND THE PAY GRADE FOR SAID CLASSIFICATION CONSIDERATION OF JOB DESCRIPTION AND SALARY GRADE FOR MAINTENANCE SERVICES COORDINATOR It is recommended that the City Council approve the establishment of the Maintenance Services Coordinator and the job description and pay grade for such classification, by adopting the following resolution: RESOLUTION NO. 2021-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE MAINTENANCE SERVICES COORDINATOR CLASS SPECIFICATIONS AND THE PAY GRADE FOR SAID CLASSIFICATION END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 10) CONSIDERATION OF RESOLUTION NO. 2021-27 IMPOSING TERMS AND CONDITIONS OF EMPLOYMENT ON THE WEST COVINA FIRE MANAGEMENT ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTIONS 3505.4, 3505.5, AND 3505.7 It is recommended that the City Council take the following actions: 1. Conduct a public hearing regarding the impasse between the City and the West Covina Fire Management Association. 2. At the conclusion of the public hearing, consider the following resolution for adoption: RESOLUTION NO.2021-27 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, IMPOSING TERMS AND CONDITIONS OF EMPLOYMENT ON THE WEST COVINA FIRE MANAGEMENT ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTIONS 3505.4, 3505.5, AND 3505.7 MAYOR/COUNCILMEMBERS REPORTS AB 1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councilmembers shall make a briefreport 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 beplaced on the City Council/Successor Agency agenda as items of business and must be approved by a majority of the City Council/SuccessorAgency Board.) CITY COUNCIL COMMENTS WI'Celli "11 rlu I WYy Next Tentative City Council Meeting Regular Meeting May 5, 2021 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 bia 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 be 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 dismpt 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. 0 From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a council member, or a staffmember or shouting or attempting to shout over a speaker, the Mayor, a council member or a staffmember. 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 pemtitied within the mil in front of the council chamber without the express consent of the council. The following are c,merpis 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.