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11-02-2021 - City Council Regular Session AgendaX CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY NOVEMBER 2, 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 Tent 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-meetings/current-meetin sp and -a e>? ndas under the "Watch Live" tab or through the West Covina City YouTube channel at www.westcovina.mg/LIVE. 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.org. The subject line should specify "Oral Communications 11/02/2021". Please include your full name and address in your e-mail. All emails 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 WITHDISABILITIES 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 infomr 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. 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 Decorum will be found at the end of agenda. AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY NOVEMBER 2, 2021, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Mason Okubo from Immanuel First Lutheran Church PLEDGE OF ALLEGIANCE Led by Councilwoman Diaz ROLL CALL Presentation by the San Gabriel Valley Mosquito & Vector Control District ORAL COMMUNICATIONS - Five (5) minutes per sneaker 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 specific items to be removed from the Consent Calendar for separate discussion or action. CITY MANAGER'S OFFICE 1) CONSIDERATION OF RESOLUTION NO. 2021-101 DETERMINING THERE IS A NEED TO CONTINUE THE LOCAL EMERGENCY It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2021-101- 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, AUGUST 17, 2021, SEPTEMBER 7, 2021 AND OCTOBER 5, 2021 2) CONSIDERATION OF AGREEMENT WITH REVENUE & COST SPECIALISTS (RCS) FOR A COMPREHENSIVE MUNICIPAL FEE STUDY It is recommended that the City Council: 1. Authorize the City Manager to negotiate and execute an agreement with Revenue & Cost Specialists, LLC in an amount not to exceed $85,000 for a comprehensive municipal fee study; and 2. Adopt the attached resolution authorizing the necessary budget amendments: RESOLUTION NO.2021-102 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 COMMUNITY DEVELOPMENT 3) CONSIDERATION OF THE ADOPTION OF ORDINANCE NOS. 2489 AND 2490 It is recommended that the City Council adopt the following Ordinances: ORDINANCE NO.2489 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO.20-04 TO CHANGE THE ZONING DESIGNATION AT 1211 E. BADILLO STREET TO MANUFACTURING (M-1) ORDINANCE NO.2490 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING DEVELOPMENT AGREEMENT NO.21-01, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF WEST COVINA AND AG WEST COVINA OWNERS LLC FOR THE DEVELOPMENT OF THE AMAZON DELIVERY STATION DAX9PROJECT 4) CONSIDERATION OF SECOND READING AND ADOPTION OF ORDINANCE NO.2473 - CODE AMENDMENT NO.20-04, CODE AMENDMENT RELATED TO RESIDENTIAL -AGRICULTURE (R-A) AND SINGLE-FAMILY RESIDENTIAL (R-1) STANDARD It is recommended that the City Council adopt the following ordinance: ORDINANCE NO.2473 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING CODE AMENDMENT NO.20-04, CODE AMENDMENT RELATED TO RESIDENTIAL -AGRICULTURE (R-A) AND SINGLE-FAMILY RESIDENTIAL (R-1) STANDARD FINANCE DEPARTMENT 5) PROPOSED ORDINANCE ESTABLISHING A PUBLIC, EDUCATIONAL AND GOVERNMENTAL FEE It is recommended that the City Council introduce for first reading, by title only, further reading waived, the following ordinance amending Article II of Chapter 11 of the West Covina Municipal Code to establish a public, educational, and governmental fee on state video franchisees operating within the City: ORDINANCE NO.2492 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA AMENDING ARTICLE H (VIDEO FRANCHISES) OF CHAPTER 11 (FRANCHISES) OF THE WEST COVINA MUNICIPAL CODE TO ESTABLISH A PUBLIC, EDUCATIONAL, AND GOVERNMENTAL FEE ON STATE VIDEO FRANCHISEES OPERATING WITHIN THE CITY OF WEST COVINA FIRE DEPARTMENT 6) FIRE STATION ROOFING IMPROVEMENTS It is recommended that the City Council take the following actions: 1. Authorize the City Manager to negotiate and execute a Construction Services Agreement with San Marino Roof Co., Inc. for $126,832.00, in substantially the form as attached and in such final form as approved by the City Attorney; 2. Authorize 20% of the awarded contract amount, totaling $25,366, as contingency allowance to be used, if necessary, at the City Manager's discretion, for unforeseen conditions; and 3. Authorize the City Manager to execute any amendments to the agreement. HUMAN RESOURCES/RISK MANAGEMENT 'n CONSIDERATION OF THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE CITY OF WEST COVINA MAINTENANCE & CRAFTS EMPLOYEES' ASSOCIATION It is recommended that the City Council adopt the following Resolution: RESOLUTION NO.2021-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CITY OF WEST COVINA MAINTENANCE & CRAFTS EMPLOYEES' ASSOCIATION REPRESENTED BY CITY EMPLOYEES ASSOCIATES (CEA) 8) CONSIDERATION OF THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE CITY OF WEST COVINA GENERAL EMPLOYEES' ASSOCIATION It is recommended that the City Council adopt the following Resolution: RESOLUTION NO.2021-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CITY OF WEST COVINA GENERAL EMPLOYEES' ASSOCIATION REPRESENTED BY CITY EMPLOYEES ASSOCIATES (CEA) 9) CONSIDERATION OF THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE CITY OF WEST COVINA MIDDLE MANAGEMENT EMPLOYEES' ASSOCIATION It is recommended that the City Council adopt the following Resolution: RESOLUTION NO.2021-110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CITY OF WEST COVINA MIDDLE MANAGEMENT EMPLOYEES' ASSOCIATION REPRESENTED BY CITY EMPLOYEES ASSOCIATES (CEA) 10) CONSIDERATION THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE CITY OF WEST COVINA CONFIDENTIAL EMPLOYEES' ASSOCIATION (WCCEA) It is recommended that the City Council adopt the following Resolution: RESOLUTION NO. 2021-111- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CITY OF WEST COVINA CONFIDENTIAL EMPLOYEES' ASSOCIATION REPRESENTED BY CITY EMPLOYEES ASSOCIATES (CEA) 11) CONSIDERATION OF RESOLUTION REPEALING AND REPLACING THE SALARY SCHEDULE FOR FULL-TIME CLASSIFICATIONS TO REFLECT THE CITY OF WEST COVINA SUCCESSOR MOU AGREEMENTS It is recommended that the City Council adopt the following resolution: RESOLUTION NO.2021-113 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING THE SALARY SCHEDULE FOR FULL-TIME CLASSIFICATIONS OF THE CITY OF WEST COVINA 12) CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE NON -SWORN SAFETY SUPPORT EMPLOYEES' ASSOCIATION It is recommended that the City Council adopt the following Resolution: RESOLUTION NO.2021-112 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE MEMORANDUM OF UNDERSTANDING (MOU) AGREEMENT BETWEEN THE CITY AND THE NON -SWORN SAFETY SUPPORT EMPLOYEES REPRESENTED BY THE TEAMSTERS LOCAL 1932 UNION. END OF CONSENT CALENDAR DEPARTMENTAL REGULAR MATTERS PUBLIC SERVICES 13) FISCAL YEAR 2021-22 CAPITAL IMPROVEMENT PROGRAM STATUS UPDATE It is recommended that City Council: Receive and File the Fiscal Year 2021-22 Capital Improvement Program (CIP) Projects Status Update 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 be placed on the City Council/Successor Agency agenda as items of business and must be approved by a majority of the City Council/SuccessorAgency Board.) ��J Y IIYK1111�CN 11[KUS IS I If�Y Ky ADJOURNMENT Next Tentative City Council Meeting Regular Meeting November 16, 2021 7:00 PM RULES OF DECORUM The following are excerpts from the Rest Covina Municipal Code: Sec. 2-48. Manner of addressing council; time limit; persons addressing may be sworn. & 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. & 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. 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 [his 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 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.