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07-06-2021 - City Council Regular Session Meeting AgendaCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY JULY 6, 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. Due to the ongoing COVID-19 emergency and pursuant to State and County public health directives, Los Angeles County Department of Health strongly recommends that masks be worn indoors regardless of vaccination status Members of the public may also watch City Council the meeting live on the City's website at: httns://www.westcovina.ore/departments/city-clerk/aaendas-and-meetiniis/current-meetin sp and -a eg ndas 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. EMAILED PUBLIC COMMENT: Members of the public can submit public comments to the City Clerk via e-mail at City Clerkawestcovina.ore. The subject line should specify "Oral Communications — 7/6/2021" or "Public Hearing Item # - 7/6/2021. Please include your full name and address in your e-mail. All entails 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. 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.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 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 OF DECORUM Excerpts from the West Covina Municipal Code and Penal Code pertaining to the Rules of Decomm will be found at the end of agenda. AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY JULY 6, 2021, 7:00 PM REGULAR MEETING INVOCATION Led by Chaplain Kelly Dupee from Faith Community Church PLEDGE OF ALLEGIANCE Led by Councilman Wu ROLL CALL PRESENTATIONS • Proclamation for Parks and Recreation 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 manes 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 Calendarfor separate discussion or action. APPROVAL OF MEETING MINUTES JUNE 15, 2021, CITY COUNCIL/SUCCESSOR AGENCY SPECIAL CLOSED SESSION MEETING MINUTES JUNE 15, 2021, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES JUNE 15, 2021, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES It is recommended that the City Council approve the June 15, 2021, Closed Session Meeting Minutes, the June 15, 2021, Special Closed Session Meeting Minutes and the June 15, 2021, Regular Session Meeting Minutes. CITY MANAGER'S OFFICE CONSIDERATION OF RESOLUTION NO. 2021-76 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, MAY 4, 2021, AND JUNE 1, 2021 COMMUNITY DEVELOPMENT CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT FOR TRANSIT SERVICE EVALUATION (SPEC. NO. 61-010) It is recommended that the City Council take the following actions: 1. Authorize the City Manager to negotiate and execute a Professional Services Agreement with IBI Group Professional Services (USA) Inc. (IBI Group), effective July 15, 2021, in an amount not to exceed $69,880, for an evaluation of transit service, and authorize the City Manager to execute any amendments to the agreement; and 2. Adopt the following Resolution: RESOLUTION NO.2021-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 (TRANSIT SERVICES EVALUATION) FIRE DEPARTMENT CONSIDERATION OF A FIRE DEPARTMENT MUTUAL APPARATUS AND EQUIPMENT LEASE AGREEMENT BETWEEN THE CITY OF LA VERNE AND THE CITY OF WEST COVINA It is recommended that the City Council: 1. Ratify the Fire Department Mutual Apparatus and Equipment Lease Agreement between West Covina and the City of La Verne, for use of La Verne's Quint fire truck while the City's Quint is out of service; and 2. Authorize the City Manager to execute future amendments to the Agreement. CONSIDERATION TO PURCHASE A FIRE DEPARTMENT VEHICLE It is recommended that the City Council, in accordance with West Covina Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333(i)(2), and the findings of the West Covina Finance Department/Purchasing Officer, find that the Sourcewell/National Joint Powers Alliance (NJPA) Master Vehicle Contract No. 120716-NAF satisfies West Covina's bidding requirements, and authorize the purchase of a 2022 Chevy Tahoe 4x4 Special Service Vehicle in the amount of $79,841.51 (including sales tax, delivery, and options) from National Auto Fleet Group. HUMAN RESOURCES/RISK MANAGEMENT CONSIDERATION OF LEGAL SERVICES AGREEMENT WITH LIEBERT CASSIDY WHITMORE FOR LABOR RELATIONS AND EMPLOYMENT MATTERS It is recommended that the City Council take the following actions: 1. Authorize the City Manager to negotiate and execute an agreement with Liebert Cassidy Whitmore for labor and employment relations services; and 2. Approve, by a majority vote of the Council, waiving bidding requirements for legal services with Liebert Cassidy Whitmore due to ongoing labor negotiations, updating Personnel Rules and personnel matters that require investigations, as allowed by West Covina Municipal Code Section 2-330(b). PUBLIC SERVICES CONSIDERATION OF ACCEPTANCE OF DROUGHT TOLERANT LANDSCAPING IMPROVEMENTS IN LANDSCAPE MAINTENANCE DISTRICT NO.1 - PROJECT NUMBER 18014 It is recommended that the City Council take the following actions: 1. Accept the Drought Tolerant Landscaping Improvements in Landscape Maintenance District 1 for Project No. 18014; 2. Authorize recordation of Notice of Completion with the Los Angeles County Recorder; and 3. Authorize the release of retention funds after recordation of the Notice of Completion. CONSIDERATION OF USE OF STATE OF CALIFORNIA FLEET PAYMENT SYSTEM CONTRACT AWARDEE, WEX BANK, FOR CITY'S FUEL CARD PROGRAM It is recommended that the City Council approve the use the State of California Fleet Card System Awardee, WEX Bank, for the City's fuel card program. HEARINGS PUBLIC HEARINGS PUBLIC HEARING TO CONSIDER WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT FISCAL YEAR 2021-2022 ANNUAL REPORT AND ASSESSMENT It is recommended that the City Council conduct the public hearing and then adopt the following resolution: RESOLUTION NO. 2021-61- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ANNUAL REPORT FILED BY THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN ANNUAL ASSESSMENT FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2021-2022 DEPARTMENTAL REGULAR MATTERS POLICE DEPARTMENT 10) CONSIDERATION OF GRAFFITI REWARDS PROGRAM It is recommended the City Council provide direction to staff. AB 1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councilmembers shall make a briefreport orfile 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/SuccessorAgency Board.) [yJIJU(K1111�[y_I_1[KI]S IS I II�Y K� ADJOURNMENT Next Tentative City Council Meeting Regular Meeting Date 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 swom. 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 dismpf' includes, but is not limited to, continuing to do any of the following after being wamed 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. I. As a speaker, interrupting or attempting to interrupt the Mayor, a council member, or a staffmember, or shouting over or attempting to shout over the Mayor, a council member, or a staff member. Nothing in this section or any mles 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 itmerpts from the Penal Code 148(a) (1) Every Person who willfully resists, delays, or obstmcts 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.