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06-01-2021 - City Council Regular Session Meeting AgendaCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY NNE 1, 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 imited 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" tab or through the West Covina City YouTube channel at www.westeovina.org/LfVE 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@westcovina.org. The subject line should specify "Oral Communications — 6/1/2021" or "Public Hearing Item # - 6/1/2021. 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 ff 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 deternme 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 (Per WCMC 2-48, Ordinance No. 1150) 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 testimony or comments regarding a matter set for a Public Hearing will be heard during the hearing. Excerpts from the West Covina Municipal Code and Penal Code pertaining to the Rules of Decorum will be found at the and of agenda. AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY JUNE 1, 2021, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor John Le from Xaris Church. PLEDGE OF ALLEGIANCE Led by Councilwoman Diaz ROLL CALL REPORTING OUT FROM CLOSED SESSION PRESENTATIONS • Certificate presented to Boy Scout Troop 433 for a Food Collection Event • Presentation to the Council by Los Angeles County District Attorney George Gascon's Office • Presentation to the Council by Los Angeles County Sheriff Alex Villanueva's Office 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 Council/Community Development Commission request peck items to be removed from the Consent Calendarfor separate discussion or action. APPROVAL OF MEETING MINUTES MAY 18, 2021, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES MAY 18, 2021, CITY COUNCIL/SUCCESSOR AGENCY SPECIAL CLOSED SESSION MEETING MINUTES MAY 18, 2021, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES MAY 20, 2021, JOINT CITY COUNCIL AND PLANNING COMMISSION SPECIAL SESSION MEETING MINUTES It is recommended that the City Council approve the May 18, 2021, Closed Session Meeting Minutes, the May 18, 2021, Special Closed Session Meeting Minutes, the May 18, 2021, Regular Session Meeting Minutes and the May 20, 2021, Joint City Council and Planning Commission Special Session Meeting Minutes. CITY MANAGER'S OFFICE CONSIDERATION OF RESOLUTION NO.2021-65 DETERMINING THERE IS A NEED TO CONTINUE THE LOCAL EMERGENCY It is recommended that the City Council adopt the following resolution: RESOLUTION NO.2021-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DETERMINING THE NEED TO FURTHER CONTINUE THE LOCAL EMERGENCY PROCLAIMED ON MARCH 16, 2020, AND PREVIOUSLY CONTINUED ON APRIL 7, 2020, MAY 5, 2020, JUNE 2, 2020, JUNE 23, 2020, JULY 21, 2020, AUGUST 18, 2020, SEPTEMBER 15, 2020, OCTOBER 6, 2020, OCTOBER 20, 2020, NOVEMBER 17, 2020, DECEMBER 1, 2020, JANUARY 19, 2021, FEBRUARY 16, 2021, MARCH 16, 2021, APRIL 6, 2021 AND MAY 4, 2021 FINANCE DEPARTMENT CONSIDERATION OF SINGLE AUDIT REPORT FOR THE YEAR ENDED JUNE 30, 2020 It is recommended that the City Council receive and file the Single Audit Report including the Government Auditing Standards Letter for the year ended June 30, 2020. FIRE DEPARTMENT CONSIDERATION OF 2018 STATE HOMELAND SECURITY PROGRAM GRANT It is recommended that the City Council take the following actions: 1. Accept and appropriate the reimbursable 2018 State Homeland Security Grant totaling $32,850 in expenditures and revenues, and authorize the City Manager to execute all related agreements, and 2. Adopt the following resolution authorizing the necessary budget amendment: RESOLUTION NO.2021-64 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(2018 STATE HOMELAND SECURITY PROGRAM GRANT) CONSIDERATION OF A RESOLUTION AUTHORIZING THE SUBMITTAL OF ALL CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) GRANTS APPLICATION FOR WHICH THE CITY IS ELIGIBLE FOR A FIVE-YEAR PERIOD It is recommended that the City Council adopt the following resolution: RESOLUTION NO.2021-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE SUBMITTAL OF APPLICATIONS FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF WEST COVINA IS ELIGIBLE FOR FIVE YEARS FROM THE DATE OF THE ADOPTION OF THIS RESOLUTION AND RESCINDING RESOLUTION NO.2019-37 HUMAN RESOURCES/RISK MANAGEMENT CONSIDERATION OF AGREEMENT WITH ALLIANT INSURANCE SERVICES, INC. FOR EMPLOYEE BENEFIT PROGRAM BROKER AND ADMINISTRATION SERVICES. It is recommended that the City Council authorize the City Manager to negotiate and execute a Professional Services Agreement with Alliant Insurance Services, Inc. for provision of employee health and benefits consulting services and the Benefits Coordinators Corporation (BCC) employee benefits administration system for a three (3)-year term with up to two (2) additional one (1) year options, for an amount not to exceed $50,000 per year. END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS PUBLIC HEARING - CONSIDERATION OF ASSESSMENT FOR FISCAL YEAR 2021-22 FOR LANDSCAPE MAINTENANCE DISTRICT NO.4 It is recommended that the City Council: 1. Conduct the public hearing; and 2. Following the public hearing, adopt the following resolution: RESOLUTION NO.2021-56 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ENGINEER'S REPORT AND CONFIRMING A DIAGRAM AND ASSESSMENT FOR FISCAL YEAR 2021-22 FOR LANDSCAPE MAINTENANCE DISTRICT NO.4 PUBLIC HEARING - CONSIDERATION OF ASSESSMENT FOR FISCAL YEAR 2021-22 FOR LANDSCAPE MAINTENANCE DISTRICT NO.6 It is recommended that the City Council: 1. Conduct the public hearing; and 2. Following the public hearing, adopt the following resolution: RESOLUTION NO. 2021-57 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ENGINEER'S REPORT AND CONFIRMING A DIAGRAM AND ASSESSMENT FOR FISCAL YEAR 2021-22 FOR LANDSCAPE MAINTENANCE DISTRICT NO.6 PUBLIC HEARING - CONSIDERATION OF ASSESSMENT FOR FISCAL YAR 2021-22 FOR LANDSCAPE MAINTENANCE DISTRICT NO.7 It is recommended that the City Council: 1. Conduct the public hearing; and 2. Following the public hearing, adopt the following resolution, which provides for the assessment rates in Landscape Maintenance District No. 7 to be maintained at their current levels: RESOLUTION NO. 2020-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ENGINEER'S REPORT AND CONFIRMING A DIAGRAM AND ASSESSMENT FOR FISCAL YEAR 2021-22 FOR LANDSCAPE MAINTENANCE DISTRICT NO.7 DEPARTMENTAL REGULAR MATTERS POLICE DEPARTMENT 10) CONSIDERATION OF FIREWORKS REWARD PROGRAM It is recommended that the City Council: 1. Adopt the following resolution implementing a fireworks reward program: RESOLUTION NO. 2021-59 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, ESTABLISHING A FIREWORKS REWARD PROGRAM AND AUTHORIZING STAFF TO UNDERTAKE APPROPRIATE ACTIONS CONSISTENT THEREWITH 2. Appropriate approximately $2,000 from General Fund Reserves into 110.31.3110.6571. 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 ofbusiness and must be approved by a majority of the City Council/Successor Agency Board.) 11) REQUEST FOR CONSIDERATION FROM COUNCILWOMAN DIAZ REQUESTING FOR STAFF TO REVIEW AND IMPLEMENT A GRAFFITI REMOVAL PROGRAM It is recommended that the City Council provide direction to staff. CITY COUNCIL COMMENTS Next Tentative City Council Meeting Regular Meeting June 15, 2021 7:00 PM RULES OF DECORUM 11 The following are exc pts 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 maaner 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 fast 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 staffmember, or shouting over or attempting to about 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 net 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 mare 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 net exceeding one thousand dollars ($1,000), or by imprisonment in a countyjail net 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 Cade or Section 18340 of the Elections Code, is guilty of a misdemeanor.