Loading...
07-20-2021 - City Council Regular Session AgendaCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY JULY 20, 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 strongly recommends 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: httns://www.westcovina.ore/departments/city-clerk/aaendas-and-meetiniis/current-meetin sp and -a ep ndas under the "Watch Live" tab or through the West Covina City YouTube channel at www.westeovina.org/LfVE. 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.ore. The subject line should specify "Oral Communications — 7/20/2021" or "Public Hearing Item # - 7/20/2021. 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 WITH DISABILITIES ACT The City complies with the Americans with Disabilities Act (ADA). 1f 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. 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. testimony 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 Decorum will be found at the end of agenda. AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY JULY 20, 2021, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Samuel Martinez from Amazing Love Ministries PLEDGE OF ALLEGIANCE Led by Councilmember Tabatabai ROLL CALL REPORTING OUT FROM CLOSED SESSION • Norma Quinones, Executive Director, San Gabriel Valley Conservation Copts. • Certificate of Recognition for West Covina Pony Baseball All Stars 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 f}om the Consent Calendarfor separate discussion or action. CITY CLERK'S OFFICE 1) CONSIDERATION OF APPROVAL OF THE JULY 06, 2021, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES AND THE JULY 06, 2021, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES. It is recommended that the City Council approve the July 06, 2021, Closed Session Meeting Minutes, and the July 06, 2021, Regular Session Meeting Minutes. CITY MANAGER'S OFFICE 2) CONSIDERATION OF RESOLUTION NO. 2021-86 DETERMINING THERE IS A NEED TO CONTINUE THE LOCAL EMERGENCY It is recommended that the City Council adopt the following resolution: RESOLUTION NO.2021-65 - 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 AND JULY 6, 2021. COMMUNITY DEVELOPMENT 3) CONSIDERATION OF ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR FISCAL YEAR 2019-20 RESIDENTIAL STREET REHABILITATION PROGRAM - PROJECT NO.20011 It is recommended that the City Council take the following actions: 1. Accept project completion of Fiscal Year 2019-20 Residential Street Rehabilitation Program (Project No. 20011) as performed by Gentry Brothers, Inc. with a final contract amount of $988,678.33; and 2. Authorize the recordation of Notice of Completion with the Los Angeles County Recorder and the release of retention funds 35 days thereafter. 4) CONSIDERATION OF ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE SHADOW OAK PARK PLAYGROUND INSTALLATION - PROJECT NO. 21027 It is recommended that the City Council take the following actions: 1. Accept project completion for Shadow Oak Park Playground Installation (Project No: 21027) as performed by Jaynes Brothers Construction, Inc., with a final contract amount of $64,593; and 2. Authorize the recordation of Notice of Completion with the Los Angeles County Recorder and the release of retention funds 35 days thereafter. 5) INITIATION OF CODE AMENDMENT NO. 21-01 AND ZONE CHANGE NO. 21-01- WEST COVINA AUTO PLAZA OVERLAY ZONE AND STANDARDS It is recommended that the City Council adopt the following Resolution: RESOLUTION NO. 2021-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 21-01 AND ZONE CHANGE NO. 21-01 TO CREATE AN OVERLAY ZONE FOR THE WEST COVINA AUTO PLAZA POLICE DEPARTMENT 6) CONSIDERATION OF APPLICATION FOR 2021 JUSTICE ASSISTANCE GRANT FROM THE UNITED STATES DEPARTMENT OF JUSTICE It is recommended that the City Council authorize the application for, and acceptance of, 2021 Justice Assistance Grant Program funds, totaling $20,715, authorize the Mayor, City Manager and City Manager's designee to execute all grant related documents, and authorize the necessary budget amendments by adopting the following resolution: RESOLUTION NO. 2021-73 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE APPLICATION FOR, AND ACCEPTANCE OF, A GRANT AWARD FROM THE UNITED STATES DEPARTMENT OF JUSTICE FOR THE FISCAL YEAR 2021 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM AND ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 (2021 JUSTICE ASSISTANCE GRANT) 7) CONSIDERATION OF 2021-2023 LAW ENFORCEMENT TOBACCO GRANT It is recommended that the City Council authorize the City Manager or designee to accept the 2021-2023 Law Enforcement Tobacco grant and execute all grant related documents and authorize the necessary budget amendment by adopting the following resolution: RESOLUTION NO.2021-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF 2021-2023 TOBACCO LAW ENFORCEMENT GRANT PROGRAM FUNDS FROM THE CALIFORNIA DEPARTMENT OF JUSTICE, AND ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 (2021-2023 LAW ENFORCEMENT TOBACCO GRANT) END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 8) CAMERON II - CONSIDERATION OF GENERAL PLAN AMENDMENT NO 20-04, PRECISE PLAN NO. 20-09, VESTING TENTATIVE TRACT MAP NO.83216, TREE REMOVAL PERMIT NO.21-05, AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO CHANGE THE GENERAL PLAN LAND -USE DESIGNATION FROM NEIGHBORHOOD MEDIUM TO NEIGHBORHOOD HIGH, DEMOLISH ALL EXISTING BUILDINGS/USES ON THE SITE AND CONSTRUCT 84 RESIDENCES (ATTACHED THREE-STORY TOWNHOME STYLE UNITS, RANGING FROM 1,210 SQ. FT. TO 1,796 SQ. FT.), INTERNAL DRIVE AISLES, COMMON OPEN SPACE, GUEST PARKING SPACES, AND OTHER ASSOCIATED INCIDENTAL IMPROVEMENTS ON A 3.25 ACRE SITE. AT 1600 - 1616 W. CAMERON AVENUE. It is recommended that the City Council conduct a public hearing, and thereafter adopt the following resolutions RESOLUTION NO. 2021-81- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO 20-04, PRECISE PLAN NO. 20-09, AND VESTING TENTATIVE TRACT MAP NO. 83216, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED RESOLUTION NO.2021-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT NO.20-04 CHANGING THE GENERAL PLAN LAND -USE DESIGNATION OF 1600-1616 W. CAMERON AVENUE FROM NEIGHBORHOOD -MEDIUM TO NEIGHBORHOOD -HIGH RESOLUTION NO.2021-83- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO.20-09 AND TREE REMOVAL PERMIT NO.21-05 AT 1600-1616 W. CAMERON AVENUE RESOLUTION NO. 2021-84 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 83216 AT 1600-1616 W. CAMERON AVENUE 9) VINCENT PLACE SPECIFIC PLAN - CONSIDERATION OF GENERAL PLAN AMENDMENT NO 20-02, ZONE CHANGE NO. 20-03, PRECISE PLAN NO.20-06, TREE REMOVAL PERMIT NO. 21-03, TENTATIVE TRACT MAP NO. 83166, AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO CHANGE THE GENERAL PLAN LAND -USE DESIGNATION FROM CIVIC: SCHOOLS TO NEIGHBORHOOD MEDIUM, TO CHANGE THE ZONING FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO A SPECIFIC PLAN, TO DEMOLISH ALL EXISTING SCHOOL BUILDINGS/USES ON THE SITE, CONSTRUCT 119 RESIDENCES (47 TWO-STORY SINGLE-FAMILY RESIDENTIAL STYLE DETACHED UNITS, RANGING FROM 1,465 SQ. FT. TO 2,125 SQ. FT. AND 72 ATTACHED THREE-STORY TOWNHOME STYLE UNITS, RANGING FROM 1,214 SQ. FT. TO 1,822 SQ. FT.), INTERNAL DRIVE AISLES, COMMON OPEN SPACE, GUEST PARKING SPACES, AND REMOVE ON 8 SIGNIFICANT TREES ON AN 8.05 ACRE SITE AT 1024 W. WORKMAN AVENUE It is recommended that the City Council adopt the following resolutions and ordinance: RESOLUTION NO.2021-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR GENERAL PLAN AMENDMENT NO 20-02, ZONE CHANGE NO.20-03, PRECISE PLAN NO.20-06, AND VESTING TENTATIVE TRACT MAP NO. 83166, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED. RESOLUTION NO.2021-78 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT NO.20-02 CHANGING THE GENERAL PLAN LAND -USE DESIGNATION OF 1024 W. WORKMAN AVENUE FROM CIVIC: SCHOOLS TO NEIGHBORHOOD -MEDIUM RESOLUTION NO.2021-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 20-06 AND TREE REMOVAL PERMIT NO.21-03 AT 1024 W. WORKMAN AVENUE RESOLUTION NO.2021-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 83166 AT 1024 W. WORKMAN AVENUE ORDINANCE NO.2485 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 20-03 AND ADOPTING THE VINCENT PLACE SPECIFIC PLAN MAYOR/COUNCILMEMBERS REPORTS AB 1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councilmembers shall make a briefreport orfile a written report on any meeting/evendconference attended at City expense) 10) CONSIDERATION OF RESOLUTION NO. 2021-62- VOTE OF NO CONFIDENCE IN LOS ANGELES COUNTY DISTRICT ATTORNEY GEORGE GASCON. It is recommended that the City Council provide direction on adoption of the following resolution: RESOLUTION NO.2021-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING AND AFFIRMING A VOTE OF NO CONFIDENCE IN LOS ANGELES DISTRICT ATTORNEY GEORGE GASCON BASED ON ISSUED SPECIAL DIRECTIVES AND THEIR IMPACT ON CRIMINAL FILING PRACTICES AND PUBLIC SAFETY IN THE CITY OF WEST COVINA 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 Next Tentative City Council Meeting Regular Meeting August 10, 2021 7:00 PM RULES OF DECORUM 11 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 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 dismpf' 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 fast 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 about 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 punisbment 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.