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09-07-2021 - City Council Regular Session AgendaCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY SEPTEMBER 7, 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 requires 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: https://www.westcovina.ore/departments/city-clerk/aQendas-and-meetiniis/current-meetin sp and -a ep ndas under the "Watch Live" tab or through the West Covina City YouTube channel at www.westcovina.org/LrVE. 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.oru. The subject line should specify "Oral Communications — 9/7/2021". 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 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 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. J1 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 7, 2021, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Mason Okubo from Immanuel First Lutheran Church PLEDGE OF ALLEGIANCE Led by Mayor Pro Tern Castellanos ROLL CALL REPORTING OUT FROM CLOSED SESSION • Presentation by the Los Angeles County Assessor Mr. Prang • Certificate of Recognition presented to Lorena Alvarez 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 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 speck items to be removed fiom the Consent Calendarfor separate discussion or action. F��]r�YI�tllYlaYY6`[H1511►UYY�9 1) CONSIDERATION OF APPROVAL OF THE AUGUST 10, 2021, CITY COUNCIL/SUCCESSOR AGENCY SPECIAL CLOSED SESSION MEETING MINUTES, THE AUGUST 10, 2021, CITY COUNCIL/SUCCESSOR AGENCY SPECIAL SESSION MEETING MINUTES, THE AUGUST 17, 2021, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES, AND THE AUGUST 17, 2021, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES. It is recommended that the City Council approve the August 10, 2021, Special Closed Session Meeting Minutes, the August 10, 2021, Special Session Meeting Minutes, the August 17, 2021, Closed Session Meeting Minutes, and the August 17, 2021, Regular Session Meeting Minutes. COMMISSION SUMMARY OF ACTIONS 2) COMMUNITY AND SENIOR SERVICES COMMISSION MEETING MINUTES FOR THE MAY 11, 2021, REGULAR MEETING. It is recommended that the City Council receive and file the minutes of the May 11, 2021 regular meeting of the Community and Senior Services Commission. CITY MANAGER'S OFFICE 3) CONSIDERATION OF RESOLUTION NO.2021-92 DETERMINING THERE IS A NEED TO CONTINUE THE LOCAL EMERGENCY It is recommended that the City Council adopt the following resolution: RESOLUTION NO.2021-92 - 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, JUNE 1, 2021, JUNE 15, 2021, JULY 6, 2021, JULY 20, 2021 AND AUGUST 17, 2021 4) CONSIDERATION OF APPROVAL OF CENTRAL INVENTORY OF SURPLUS LAND PURSUANT TO SURPLUS LANDS ACT It is recommended that the City Council adopt the following Resolution: RESOLUTION NO.2021-93 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING A CENTRAL INVENTORY OF SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221, DECLARING SUCH LANDS ARE NOT NECESSARY FOR THE CITY'S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND TAKING RELATED ACTIONS FIRE DEPARTMENT 5) CONSIDERATION OF LEASE AGREEMENT WITH WILLIAMS SCOTSMAN INC. FOR TEMPORARY FIRE STATION NUMBER 1 FACILITIES. PROJECT NUMBER 22010. 1. Authorize the City Manager to negotiate and execute the Lease Agreement with Williams Scotsman Inc., in substantially the form as attached and in such final form as approved by the City Attorney; and 2. Approve a purchase order to Williams Scotsman Inc. totaling $224,263.66 for the delivery, installation, 24-month lease, and removal of the modular unit. The $224,263.66 includes monthly rent of $4,694, $84,851.71 for installation, and $26,755.95 for removal after 24 months. 3. Waive formal contract procedures in accordance with West Covina Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333(i)(1), by finding that it is in the public interest and necessity to waive formal contract procedures in connection with the lease of modular fire station facilities; as the emergent need does not permit a delay from publicizing a formal competitive solicitation; and 4. Authorize a 25% contingency allocation, totaling $27,901.92, for the installation and removal of the modular unit based on the installation and removal costs. 5. Authorize a $100,000 budget for other temporary modular facility set-up needs, which may include but not limited to water, electric, sewer, computer networking, appliances and furniture. Services to be rendered by undetermined vendors following the City's procurement requirements. HUMAN RESOURCES/RISK MANAGEMENT 6) SUMMARY OF ACTIONS FOR THE HUMAN RESOURCES COMMISSION MEETING OF AUGUST 18, 2021 It is recommended that the City Council receive and file the Summary of Actions for the August 18, 2021 special meeting of the Human Resources Commission. 7) CONSIDERATION OF REPEAL AND REPLACEMENT OF MANAGEMENT ANALYST VII JOB DESCRIPTION Staff and the Human Resources Commission recommend that the City Council approve to repeal and replace the Management Analyst I/II job description, by adopting the following resolution: RESOLUTION NO.2021-94 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE REPEAL AND REPLACEMENT OF THE MANAGEMENT ANALYST 1/II CLASS SPECIFICATION PUBLIC SERVICES 8) CONSIDERATION OF CONTRACT AGREEMENT FOR CONSTRUCTION OF FRIENDSHIP PARK IMPROVEMENTS AND APPROVAL OF PURCHASE ORDER TO PROCURE PLAYGROUND EQUIPMENT - PROJECT NO. 21035 It is recommended that the City Council take the following actions: 1. Award the construction agreement for the Friendship Park Improvements (Project No. 21035) to Jaynes Brothers Construction Inc. as the lowest responsible bidder; 2. Authorize the City Manager to negotiate and execute an agreement with Jaynes Brothers Construction, Inc. for $201,258.43, for playground equipment, fitness area, entry sign and basketball court improvements, in substantially the form as attached and in such final form as approved by the City Attorney; 3. Authorize the City Manager to issue a purchase order to Innovative Playgrounds, Co., for $616,882.93, for direct purchasing of basketball court equipment, playground equipment, fitness equipment and entry signs through Omnia Partners (Cooperative Purchasing); 4. Authorize 10% of the awarded contract amount as contingency allowance to be used, if necessary, with the City Manager's approval, for unforeseen conditions; 5. Authorize the City Manager to negotiate and execute any amendments to the agreement. DEPARTMENTAL REGULAR MATTERS CITY CLERK'S OFFICE 9) CONSIDERATION OF APPOINTMENTS TO THE AUDIT COMMITTEE It is recommended that the City Council appoint three Committee Members to the City's Audit Committee to each serve a two-year term. AB 1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councilmembers shall make a briefreport 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 beplaced on the City Council/Successor Agency agenda as items of business and must be approved by a majority of the City Council/SuccessorAgency Board.) CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting September 21, 2021 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. 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. 0 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 rnles 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 ore 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.