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11-19-2019 - 11/19/2019 City Council Regular Session AgendaCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY NOVEMBER 19, 2019, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Lloyd Johnson Mayor Pro Tern Tony Wu Councilman Dario Castellanos Councilwoman Letty Lopez-Viado Councilmember Jessica C. Shewmaker 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 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. ,se identify on the speaker card whether you are speaking on an agenda item or non -agenda. Requests to speak on agenda items be heard prior to requests to speak on non -agenda items. All comments are limited to rive (5) minutes per speaker. Oral Communications may be limited to thirty (30) minutes, unless speakers addressing agenda items have not concluded. or comments regarding a matter set for a Public Hearing will be heard during the 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 NOVEMBER 19, 2019, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Hamel Christ Lutheran Church of West Covina PLEDGE OF ALLEGIANCE Presentation of Colors conducted by Boy Scouts Troop 433 Color Guard Pledge of Allegiance led by Mayor Johnson Performance by the West Covina High School Choir ROLL CALL REPORTING OUT FROM CLOSED SESSION PRESENTATIONS Small Business Saturday Gold Service EMS Award Presentation Golden Eagle Los Angeles Area Council Camp-o-ree Winners ORAL COMMUNICATIONS - Five (5) minutes per speaker Please step forward to the podium and state your name and city of residence far 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) NOVEMBER 5, 2019 CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES NOVEMBER 5, 2019 CITY COUNCIL/SUCCESSOR AGENCY REGULAR MEETING MINUTES It is recommended that the City Council receive and file the November 5, 2019 Closed Session Meeting Minutes and the November 5, 2019 Regular Meeting Minutes. SUMMARY OF ACTIONS 2) SUMMARY OF ACTIONS FOR THE HUMAN RESOURCES COMMISSION MEETING OF AUGUST 14, 2019 It is recommended that the City Council receive and file the Summary of Actions for the August 14, 2019 Regular Meeting of the Human Resources Commission. ORDINANCES FOR ADOPTION - Procedural Waiver. Waive full reading of each ordinance on the agenda and authorize the approval of each ordinance by title only. 3) CONSIDERATION OF ZONE CHANGE, SPECIFIC PLAN AND ENVIRONMENTAL IMPACT REPORT FOR EXPANSION OF EMANATE HEALTH QUEEN OF THE VALLEY HOSPITAL It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2461— AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 17-02, RELATED TO THE ADOPTION OF THE QUEEN OF THE VALLEY HOSPITAL SPECIFIC PLAN HUMAN RESOURCES 4) 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. Dung Thi My Tran vs. City of West Covina 2. Angelina Santana Laco vs. City of West Covina 3. Vanessa Romero vs. City of West Covina POLICE DEPARTMENT 5) CONSIDERATION OF USE OF ASSET FORFEITURE FUNDS FOR POLICE COMPUTER HARDWARE AND SERVICES It is recommended that the City Council take the following actions: 1. In accordance with 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 Western States Contracting Alliance -National Association of State Procurement Officials (WSCA-NASPO) contract number MNWNC-108AVN03AGW C000000181156 (customer agreement 7157034003) satisfies West Covina's bid process, and authorize the purchase of a total of thirty-four (34) desktop computers per specifications, directly from Dell Computers for a total of $35,971.31, including taxes and fees, from Account No. 117.31.3119.7160 and 2. In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-330 (b), which states that bidding procedures may be dispensed with when it would be impracticable or useless, and the public welfare would be promoted by dispensing with the same, authorize the City Manager to execute an agreement (of up to $295,000/24 months) with Scientia Consulting Group, subject to City Attorney approval, for continued services related to the West Covina Service Group CAD-RMS operations, from Account No. It 7.31.3119.6120; and 3. Adopt the attached resolution authorizing the necessary budget amendment: RESOLUTION NO.2019-89 - 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 NNE 30, 2020 (ASSET FORFEITURE FOR POLICE COMPUTER SERVICES) PUBLIC SERVICES 6) CONSIDERATION OF AWARD OF BID FOR CIVIC CENTER AND CITY PARKS LANDSCAPE AND MAINTENANCE SERVICES It is recommended that the City Council take the following actions: 1. Authorize the City Manager to execute a contract with Merchants Landscape Services, Inc. in the total amount of $3,503,196.00 for a two -and -a -half (2.5) year contract with two (2) one (1) year extensions to provide landscaping and maintenance services for Civic Center and City Parks; and 2. Appropriate $32,000 from the General Fund balance to Service Contracts Acct # 110.61.4142.6130; and 3. Adopt the attached resolution: RESOLUTION NO. 2019-86 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2019 AND ENDING JUNE 30, 2020 (LANDSCAPING AND MAINTENANCE FOR CIVIC CENTER AND CITY PARKS) END OF CONSENT CALENDAR HEARINGS 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 REORGANIZATION Confirmation of Mayor and Mayor Pro Tern Mayoral Plaque Presentation to Mayor Lloyd Johnson Designation of Alternate to the Los Angeles County Sanitation District CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting December 3, 2019 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 swom 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. Decomm--Required. a, while the council is in session, the members shall preserve order and decomm, 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. i 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 (S 1,000), or by imprisonment in a county jail 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.