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12-03-2019 - 12/03/2019 City Council Regular Session AgendaCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY DECEMBER 3, 2019, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Tony Wu Mayor Pro Tern Letty Lopez-Viado Councilman Dario Castellanos Councilman Lloyd Johnson 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 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. ise 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 five (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 hearing. 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 DECEMBER 3, 2019, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Samuel Martinez Amazing Love Ministries of West Covina PLEDGE OF ALLEGIANCE Led by Mayor Wu ROLL CALL REPORTING OUT FROM CLOSED SESSION PRESENTATIONS Census Information Presentation Resolution of Recognition to Filipino American Association Los Angeles West Covina Blue Flag Team - Citrus League Champs Resolution of Recognition to San Gabriel Valley NAACP 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) NOVEMBER 19, 2019 CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES NOVEMBER 19, 2019 CITY COUNCIL/SUCCESSOR AGENCY REGULAR MEETING MINUTES It is recommended that the City Council receive and file the November 19, 2019 Closed Session Meeting Minutes and the November 19, 2019 Regular Meeting Minutes. INVESTMENT REPORT 2) CONSIDERATION OF INVESTMENT REPORT FOR THE MONTH ENDED OCTOBER 31, 2019 It is recommended that the City Council receive and file the Investment Report for the month ended October 31, 2019. CITY CLERK'S OFFICE 3) CONSIDERATION OF DESTRUCTION OF DOCUMENTS AS PRESCRIBED BY LAW It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2019-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CERTAIN DOCUMENTS AS PRESCRIBED BY LAW 4) ACCEPT CERTIFICATION OF SUFFICIENCY OF PETITION FOR A PROPOSED ORDINANCE ESTABLISHING A GENERAL TRANSACTIONS (SALES) AND USE TAX IN THE AMOUNT OF THREE-QUARTERS OF A PERCENT (0.75%) AND CALL FOR A SPECIAL ELECTION FOR MARCH 3, 2020 TO SUBMIT SAID GENERAL TAX INITIATIVE ORDINANCE TO THE VOTERS It is recommended the City Council adopt the following resolutions: RESOLUTION NO.2019-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPTING THE ASSISTANT CITY CLERK'S CERTIFICATION OF THE SUFFICIENCY OF THE PETITION PROPOSING AN ORDINANCE TO ESTABLISH A GENERAL TRANSACTIONS (SALES) AND USE TAX IN THE AMOUNT OF THREE-QUARTERS OF A PERCENT (0.75%); and RESOLUTION NO. 2019-95 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CALLING FOR AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 3, 2020 FOR THE SUBMISSION TO THE VOTERS OF A PROPOSED ORDINANCE ESTABLISHING A GENERAL TRANSACTIONS (SALES) AND USE TAX IN THE AMOUNT OF THREE-QUARTERS OF A PERCENT (0.75%); and RESOLUTION NO. 2019-96 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 3, 2020, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE; and RESOLUTION NO.2019-97 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS AND SETTING DEADLINES FOR THE SUBMISSION OF ARGUMENTS IN CONNECTION WITH THE MARCH 3, 2020 SPECIAL MUNICIPAL ELECTION COMMUNITY DEVELOPMENT 5) CONSIDERATION OF MINUTES OF THE OCTOBER 8, 2019 TRAFFIC COMMITTEE MEETING It is recommended that the City Council receive and file the attached minutes of the Traffic Committee meeting of October 8, 2019. HUMAN RESOURCES 6) 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. Arsenio Valentin & Samuel Ortega vs. City of West Covina 2. Thom Nguyen vs. City of West Covina END OF CONSENT CALENDAR HEARINGS DEPARTMENTAL REGULAR MATTERS COMMUNITY DEVELOPMENT 7) CONSIDERATION TO INSTALL A TRAFFIC SIGNAL SYSTEM AND OTHER TRAFFIC CALMING IMPROVEMENTS AT THE INTERSECTION OF CITRUS STREET AND CAMERON AVENUE Based on the California Manual on Uniform Traffic Control Devices (CAMUTCD), the California Vehicle Code (CVC), CAMUTCD Traffic Signal Warrants 1, 2, 3 and 7, traffic engineering reports and engineering judgment, it is recommended that the City Council: 1. Approve the installation of a traffic signal at the intersection of Citrus Street and Cameron Avenue; and, 2. Approve Option 3 (below): Signalize Citrus Street and Cameron Avenue intersection. For this option there would be no left turn pockets installed for any direction. All directions would have their own cycle, and the intersection would be "split phase" for each direction which means each direction would have its own separate cycle. For example, the northbound left turn, through, and right turn would go as one cycle while all other directions are on red, then the southbound left turn, through, and right turn would go while all other directions are on red, etc. The current lane configuration that is existing in the field would remain; and 3. Approve the installation of traffic calming measures along Cameron Avenue between Hollenbeck Avenue and Citrus Street which include the installation of white side stripes to visually narrow the lanes and the installation of speed feedback signage with pavement legends. PUBLIC SERVICES S) 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 following 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 (CIVIC CENTER AND CITY PARKS LANDSCAPE AND MAINTENANCE SERVICES) 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 December 17, 2019 7:00 PM 11 RULES OF DECORUM The fallowing 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 time 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 dismpt 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 dismpt" 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 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 ($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.