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11-15-2022 - Regular Session AgendaCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY NOVEM 3ER 15, 2022, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Dario Castellanos Mayor Pro Tem Rosario Diaz Councilwoman Letty Lopez-Viado Councilmember Brian Tabatabai Councilman Tony Wu Please turn off all cell phones and other electronic devices prior to entering the Council Chambers AMERICANS III TH DISA BIL ITIES 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.org. 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 NOVEMBER 15, 2022, 7:00 PM REGULAR MEETING INVOCATION To be determined. PLEDGE OF ALLEGIANCE Led by Mayor Castellanos ROLL CALL REPORTING OUT FROM CLOSED SESSION PRESENTATIONS . Proclamation recognizing Small Business Saturday . Certificate of Recognition for the Cub Scout Color Guard Presentation . West Covina Firefighters present a check to City of Hope 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 specific items to be removed from the Consent Calendar for separate discussion or action. APPROVAL OF MEETING MINUTES 1) CONSIDERATION OF APPROVAL OF THE NOVEMBER 1, 2022, CITY COUNCIUSUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES. It is recommended that the City Council approve the November 1, 2022 Regular Session Meeting Minutes. SUMMARY OF ACTIONS 2) MINUTES OF COMMUNITY AND SENIOR SERVICES COMMISSION REGULAR MEETING HELD ON JULY 12, 2022. It is recommended that the City Council receive and file the minutes of the regular meeting of the Community and Senior Services Commission held on July 12, 2022. ORDINANCES FOR ADOPTION - Procedural Waiver. Waive full reading of each ordinance on the agenda and authorize the approval of each ordinance by title only. 3) CONSIDERATION OF ADOPTION OF THE CALIFORNIA FIRE CODE It is recommended that the City Council adopt the following ordinance: ORDINANCE NO. 2053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING ARTICLE II OF CHAPTER 10 OF THE WEST COVINA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2022 CALIFORNIA FIRE CODE, WHICH ADOPTS BY REFERENCE THE 2021 INTERNATIONAL FIRE CODE; AND MAKING AMENDMENTS THERETO CITY MANAGER'S OFFICE 4) CONSIDERATION OF RESOLUTION NO. 2022-112 DETERMINING THERE IS A NEED TO CONTINUE THE LOCAL EMERGENCY It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-112 - 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, OCTOBER 5, 2021, NOVEMBER 2, 2021, DECEMBER 7, 2021, JANUARY 4, 2022, FEBRUARY 1, 2022, MARCH 1, 2022, APRIL 5, 2022, MAY 3, 2022, JUNE 7, 2022. JULY 5, 2022, JULY 19, 2022, AUGUST 16, 2022, SEPTEMBER 20, 2022 AND OCTOBER 4, 2022 COMMUNITY DEVELOPMENT 5) CONSIDERATION OF FINAL PARCEL MAP NO. 82784 LOCATION: 2445 E. RIO VERDE DRIVE is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL PARCEL MAP NO. 82784 LOCATED AT 2445 E. RIO VERDE DRIVE 6) CONSIDERATION OF APPROVAL OF FINAL TRACT MAP NO. 82855 (LOCATION: 1611 WEST SAN BERNARDINO ROAD) It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 82855 LOCATED AT 1611 WEST SAN BERNARDINO ROAD 7) CONSIDERATION OF INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING CHAPTERS 7 AND 9 OF THE WEST COVINA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2023 LOS ANGELES COUNTY BUILDING CODE (TITLE 26), ELECTRICAL CODE (TITLE 27), PLUMBING CODE (TITLE 28), MECHANICAL CODE (TITLE 29), RESIDENTIAL CODE (TITLE 30), AND EXISTING BUILDING CODE (TITLE 33), WHICH ADOPT BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, ELECTRICAL CODE, PLUMBING CODE, MECHANICAL CODE, RESIDENTIAL CODE, AND EXISTING BUILDING CODE, WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS THERETO It is recommended that the City Council 1. Adopt the following resolution: RESOLUTION NO. 2022-116 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, MAKING FINDINGS REGARDING THE NEED FOR MODIFICATIONS TO PROVISIONS OF THE 2022 CALIFORNIA BUILDING STANDARDS CODE DUE TO LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS 2. Introduce for first reading, by title only, further reading waived, the following ordinance: ORDINANCE NO. 2508 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTERS 7 AND 9 OF THE WEST COVINA MUNICIPAL CODE TO ADOPT BY REFERENCE THE 2023 LOS ANGELES COUNTY BUILDING CODE (TITLE 26), ELECTRICAL CODE (TITLE 27), PLUMBING CODE (TITLE 28), MECHANICAL CODE (TITLE 29), RESIDENTIAL CODE (TITLE 30), AND EXISTING BUILDING CODE (TITLE 33), WHICH ADOPT BY REFERENCE THE 2022 CALIFORNIA BUILDING CODE, ELECTRICAL CODE, PLUMBING CODE, MECHANICAL CODE, RESIDENTIAL CODE, AND EXISTING BUILDING CODE, WITH CERTAIN AMENDMENTS, ADDITIONS AND DELETIONS THERETO 3. Schedule Ordinance No. 2508 for adoption on December 6, 2022. FINANCE DEPARTMENT 8) FOURTH QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2021-22 It is recommended that the City Council take the following actions: 1. Receive and file the Fourth Quarter Financial Report for Fiscal Year 2021-22; and 2. Adopt the following resolution: RESOLUTION NO. 2022-103 - 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 (FOURTH QUARTER FINANCIAL REPORT) 9) CONSIDERATION OF A RESOLUTION AMENDING THE FY 2022-2023 BUDGET It is recommended that the City Council approve the following resolution: RESOLUTION NO. 2022-105 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2022 AND ENDING JUNE 30, 2023 (CALRECYCLE GRANT) POLICE DEPARTMENT 10) CONSIDERATION OF EXPENDITURES OF FISCAL YEAR 2022-23 SUPPLEMENTAL LAW ENFORCEMENT SERVICES ACCOUNT FUNDS It is recommended that the City Council approve using Fiscal Year (FY) 2022-23 Supplemental Law Enforcement Service Account (SLESA) funds totaling $167,180 for the frontline law enforcement equipment and supply items. 11) CONSIDERATION OF PURCHASE ORDER AMENDMENT FOR PURCHASE OF POLICE VEHICLES It is recommended that the City Council take the following actions: 1. Authorize an amendment to Purchase Order 22-00245 (to National Auto Fleet Group for 12 Ford Police Interceptor vehicles), for a new total of $591,242.41. 2. Authorize 15% of the amended Purchase Order amount as contingency allowance to be used, if necessary, with the City Manager's approval, for unforeseen conditions. 3. Adopt the attached resolution authorizing the necessary budget amendment: RESOLUTION NO. 2022-106 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR COMMENCING JULY 1, 2022 AND ENDING JUNE 30, 2023 (PURCHASE ORDER AMENDMENT FOR POLICE VEHICLES) END OF CONSENT CALENDAR HEARINGS PUBLIC HEARINGS 12) CONSIDERATION OF CODE AMENDMENT NO. 22-03 AND ZONE CHANGE NO. 22-02 CREATING THE MIXED USE OVERLAY ZONE AND RELATED STANDARDS, AND MULTIFAMILY OBJECTIVE DESIGN STANDARDS It is recommended that the City Council: 1. Conduct a public hearing and then introduce the following ordinances for first reading, by title only, further reading waived: ORDINANCE NO. 2507 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 22-02 CREATING THE MIXED -USE OVERLAY ZONE ORDINANCE NO.2506 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING CODE AMENDMENT NO. 22-03, RELATED TO THE MIXED USE OVERLAY ZONE STANDARDS 2. Adopt the following resolution: RESOLUTION NO. 2022-109 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE MULTI -FAMILY RESIDENTIAL OBJECTIVE DESIGN STANDARDS 13) PUBLIC HEARING TO CONSIDER CITY-WIDE GENERAL PLAN AMENDMENT NO. 22-02 (2021-2029 HOUSING ELEMENT UPDATE) It is recommended that the City Council adopt the following resolution: RESOLUTION NO. 2022-110 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT (GPA) NO. 22-02 BY ADOPTING THE 2021-2029 HOUSING ELEMENT 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/evenUconference 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 CounciUSuccessor Agency Board.) CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting December 6, 2022 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. 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 (S 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.