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09-03-2019 - 09/03/2019 City Council Regular Session AgendaCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY SEPTEMBER 3, 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 SEPTEMBER 3, 2019, 7:00 PM 77- REGULAR MEETING INVOCATION Led by Reverend Nobuko Miyoshi West Covina Buddhist Temple PLEDGE OF ALLEGIANCE Led by Mayor Pro Tern Tony Wu ROLL CALL REPORTING OUT FROM CLOSED SESSION PRESENTATIONS 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) AUGUST 20, 2019, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES AUGUST 20, 2019, CITY COUNCIL/SUCCESSOR AGENCY REGULAR MEETING MINUTES It is recommended that the City Council receive and file the minutes of August 20, 2019 Closed Session Meeting Minutes and August 20, 2019 Regular Meeting Minutes. COMMISSION SUMMARY OF ACTIONS 2) SUMMARY OF ACTIONS FOR THE HUMAN RESOURCES COMMISSION MEETING OF JUNE 12, 2019 It is recommended that the City Council receive and file the Summary of Actions for the June 12, 2019 Regular Meeting of the Human Resources Commission. INVESTMENT REPORT 3) INVESTMENT REPORT FOR THE MONTH ENDED JULY 31, 2019 It is recommended that the City Council receive and file the Investment Report for the month ended July 31, 2019. CITY MANAGER'S OFFICE 4) CONSIDERATION OF 2019 LEGISLATIVE PLATFORM It is recommended that the City Council take the following actions: 1. Adopt the proposed 2019 Legislative Platform to support/ oppose county, state, and federal legislation as appropriate; and 2. Process letters of support/opposition as presented in the staff report. COMMUNITY DEVELOPMENT 5) CONSIDERATION OF MEMORANDUM OF AGREEMENT WITH THE COUNTY OF LOS ANGELES AND THE CITIES OF BALDWIN PARK, COVINA, GLENDORA, INDUSTRY, LA PUENTE, AND SOUTH EL MONTE REGARDING IMPLEMENTATION OF THE COORDINATED INTEGRATED MONITORING PROGRAM FOR THE UPPER SAN GABRIEL RIVER WATERSHED It is recommended that the City Council authorize the City Manager to execute the Memorandum of Agreement with the County of Los Angeles, the Los Angeles Flood Control District, and the Cities of Baldwin Park, Covina, Glendora, Industry, La Puente and South El Monte, regarding the administration and cost sharing for implementation of the Coordinated Integrated Monitoring Program for the Upper San Gabriel River Watershed. FIRE DEPARTMENT 6) CONSIDERATION OF LEASE PURCHASE OF FIRE DEPARTMENT MUTUAL AID VEHICLES It is recommended that the City Council take the following actions: 1. Approve a five-year lease agreement with Lease Servicing Inc., dba National Cooperative with a lease fee in the amount of $24,006 to purchase thru National Auto Fleet Group in the amount of $196,758.72 (including sales tax, delivery, and options) three 2019 Crew Cab 4x4 pick-up trucks with bed covers, up -fit, mobile radios and graphics. Waive formal contract procedures in accordance with the Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333(i)(2); 2. Approve a purchase order with Lease Servicing Inc., dba. National Cooperative in the amount of $22,076.40 for FY 2019-2020 lease payments; 3. Approve a purchase order to Acura Systems International Inc., in the amount of $18,479.90 (including sales tax and delivery) for the purchase of a mobile data computer ("MDC") and related accessories for the vehicles. Waive formal contract procedures in accordance with the Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333(i)(2); 4. Adopt the following resolution: RESOLUTION NO.2019-57 — 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 (Purchase of Fire Mutual Aid Vehicles). HUMAN RESOURCES 7) CONSIDERATION OF NEW CLASS SPECIFICATION AND SALARY — CODE ENFORCEMENT MANAGER The Human Resources Commission recommends that the City Council approve the new class specification and salary range for Code Enforcement Manager. END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 8) 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 (SWFS) ALSO KNOWN AS SMALL CELL SITES, CONSISTING OF SHROUDED ANTENNAS ON TOP OF LIGHT POLES AND UNDERGROUND EQUIPMENT IN THE PUBLIC RIGHT-OF-WAY NEARIIN 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 AVENUE 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 DEPARTMENTAL REGULAR MATTERS PUBLIC SERVICES 9) CONSIDERATION OF SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG) COYOTE MANAGEMENT PLAN/EDUCATION PROGRAM It is recommended that the City Council provide staff direction. 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) 10) DISCUSSION REGARDING CODE ENFORCEMENT PROCESS - COUNCILMEMBER JESSICA SHEWMAKER It is recommended that the City Council receive and file the information. 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.) 11) REQUEST FROM COUNCILMAN DARIO CASTELLANOS REQUESTING THE CITY COUNCIL'S CONSIDERATION TO DIRECT STAFF TO EXPLORE REMOVAL OF NEWSPAPER/ADVERTISING KIOSKS IN THE PUBLIC RIGHT OF WAY It is recommended that the City Council discuss and provide staff direction. CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting September 17, 2019 RULES OF DECORUM 7:00 PM The following are excerpts from the West Covina Municipal Code: Sec. 248. 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 councilrnember 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 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 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.