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10-01-2019 - 10/01/2019 City Council Meeting AgendaCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY OCTOBER 1, 2019, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Lloyd Johnson Mayor Pro Tem Tony Wu Councilman Dario Castellanos Councilwoman Letty Lopez-Viado Councilmember Jessica C. Shewmaker Please turnoff 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 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 identify on the speaker card whether you are speaking on an agenda item or non -agenda. Requests to speak on agenda items wiB 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 OCTOBER 1, 2019, 7:00 PM 77- REGULAR MEETING INVOCATION Led by Pastor Dane Johnson Christ's Church of the Valley PLEDGE OF ALLEGIANCE Led by Councilwoman Letty Lopez-Viado ROLL CALL REPORTING OUT FROM CLOSED SESSION PRESENTATIONS National Fire Prevention Week West Covina Beautiful Tree Planting Program Update 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. 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 1) SEPTEMBER 17, 2019 CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES SEPTEMBER 17, 2019 CITY COUNCIL/SUCCESSOR AGENCY REGULAR MEETING MINUTES It is recommended that the City Council receive and file the September 17, 2019 Closed Session Meeting Minutes and the September 17, 2019 Regular Meeting Minutes. COMMUNITY DEVELOPMENT 2) CONSIDERATION OF MINUTES OF THE JUNE 11, 2019 TRAFFIC COMMITTEE MEETING It is recommended that the City Council receive and file the attached minutes of the Traffic Committee meeting of June 11, 2019. HUMAN RESOURCES 3) CONSIDERATION OF CONTRACT WITH CARPENTER, ROTHANS & DUMONT LLP IN CONNECTION WITH RICHARD MARTIN FRANCO JR. AND YVONNE FRANCO V. CITY OF WEST COVINA MATTER It is recommended that the City Council authorize the City Manager to negotiate and execute any documents necessary to provide for the continued engagement of Carpenter, Rothans & Dumont LLP to provide legal counsel to the City in connection with the Richard Martin Franco Jr. and Yvonne Franco v. City of West Covina matter. PUBLIC SERVICES 4) CONSIDERATION OF CONTRACT WITH M COACH FOR RECREATION TRANSIT SERVICES It is recommended that the City Council take the following actions: 1. Approve M Coach for Recreation Transit - Charter Bus Services for three years plus two optional annual extensions; and 2. Authorize the City Manager to negotiate and execute a contract with M Coach not to exceed $35,000 per year. 5) CONSIDERATION OF THE PURCHASE OF ONE NEW VACUUM JETTER TRUCK FOR SEWER & CATCH BASIN CLEANING It is recommended that the City Council take following actions: 1. Authorize the purchase of one New 2020 Freightliner 114SD Set Back Axle Chassis with CAMEL 1200 12 Yard Combination Sewer Cleaner from National Auto Fleet Group for $619,641.89; 2. Waive formal bidding and authorize the use of Sourcewell formally NJPA contract number 081716-NAF; 3. Appropriate $619,641.89 from Sewer Fund Account No. 189.41.4160.7180; and 4. Adopt the following resolution: RESOLUTION NO. 2019-78 — 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 (FREIGHTLINER 114SD SET BACK AXLE CHASSIS WITH CAMEL 1200 12 YARD COMBINATION SEWER & CATCH BASIN CLEANER) END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 6) CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF ADMINISTRATIVE USE PERMIT (AUP) NOS. 19-25, 19-26, 19-27, 19,28, AND 19-29 FOR THE REMOVAL AND REPLACEMENT OF EXISTING LIGHT POLES AND THE INSTALLATION OF SMALL WIRELESS FACILITIES (SWF) ALSO KNOWN AS SMALL CELL SITES, CONSISTING OF SHROUDED ANTENNAS ON TOP OF LIGHT POLES AND UNDERGROUND EQUIPMENT IN THE PUBLIC RIGHT-OF-WAY NEAR/IN FRONT OF THE FOLLOWING ADDRESSES: 1631 E. NANETTE AVENUE, SCE POLE # 4279155E (AUP NO. 19-25); 2539 TEMPLE AVENUE, SCE POLE # 1918455E (AUP NO. 19-26); 1689 NATALIE AVENUE, SCE POLE # 2079805E (AUP NO. 19-27); 2634 TEMPLE AVENUE, SCE POLE # 1918457E (AUP NO. 19-28); 1722 NATALIE AVENUE, SCE POLE # 2271977E (AUP NO. 19-29) It is recommended that the City Council conduct a public hearing and thereafter adopt the following resolutions: RESOLUTION NO. 2019-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING ADMINISTRATIVE USE PERMIT NO. 19-25 TO ALLOW THE REMOVAL AND REPLACEMENT OF EXISTING LIGHT POLES IN THE PUBLIC RIGHT-OF-WAY AND THE INSTALLATION OF A SMALL WIRELESS FACILITY (SWF) ON TOP OF THE LIGHT POLE CONSISTING OF SHROUDED ANTENNAS AND UNDERGROUND EQUIPMENT AT 1631 E. NANETTE AVENUE RESOLUTION NO. 2019-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING ADMINISTRATIVE USE PERMIT NO. 19-26 TO ALLOW THE REMOVAL AND REPLACEMENT OF EXISTING LIGHT POLES IN THE PUBLIC RIGHT-OF-WAY AND THE INSTALLATION OF A SMALL WIRELESS FACILITY (SWF) ON TOP OF THE LIGHT POLE CONSISTING OF SHROUDED ANTENNAS AND UNDERGROUND EQUIPMENT AT 2539 TEMPLE AVENUE RESOLUTION NO.2019-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING ADMINISTRATIVE USE PERMIT NO. 19-27 TO ALLOW THE REMOVAL AND REPLACEMENT OF EXISTING LIGHT POLES IN THE PUBLIC RIGHT-OF-WAY AND THE INSTALLATION OF A SMALL WIRELESS FACILITY (SWF) ON TOP OF THE LIGHT POLE CONSISTING OF SHROUDED ANTENNAS AND UNDERGROUND EQUIPMENT AT 1689 NATALIE WAY RESOLUTION NO.2019-68 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING ADMINISTRATIVE USE PERMIT NO. 19-28 TO ALLOW THE REMOVAL AND REPLACEMENT OF EXISTING LIGHT POLES IN THE PUBLIC RIGHT-OF-WAY AND THE INSTALLATION OF A SMALL WIRELESS FACILITY (SWF) ON TOP OF THE LIGHT POLE CONSISTING OF SHROUDED ANTENNAS AND UNDERGROUND EQUIPMENT AT 2634 TEMPLE AVENUE RESOLUTION NO.2019-69 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND APPROVING ADMINISTRATIVE USE PERMIT NO. 19-29 TO ALLOW THE REMOVAL AND REPLACEMENT OF EXISTING LIGHT POLES IN THE PUBLIC RIGHT-OF-WAY AND THE INSTALLATION OF A SMALL WIRELESS FACILITY (SWF) ON TOP OF THE LIGHT POLE CONSISTING OF SHROUDED ANTENNAS AND UNDERGROUND EQUIPMENT AT 1722 NATALIE AVENUE 7) ZONING CODE AMENDMENT NO. 18-04 - AMENDMENT TO THE CITY OF WEST COVINA MUNICIPAL CODE PERTAINING TO ALCOHOL SALES AT SERVICE STATIONS The Planning Commission recommends that the City Council read the title of the ordinance and waive further reading, and introduce the following ordinance: ORDINANCE NO. 2461 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING CODE AMENDMENT NO. 18-04, RELATED TO ALCOHOL SALES AT SERVICE STATIONS DEPARTMENTAL REGULAR MATTERS 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 October, 15, 2019 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. 7:00 PM 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 mil 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.