Printed Agenda

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY

MAY 17, 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 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.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 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.

RULES OF DECORUM
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 MAY 17, 2022, 7:00 PM
REGULAR MEETING

INVOCATION

Led by Pastor John Le from Xaris Church

PLEDGE OF ALLEGIANCE

Led by Mayor Pro Tem Diaz

ROLL CALL

REPORTING OUT FROM CLOSED SESSION

PRESENTATIONS

Certificate recognizing West Covina Police Department Baker to Vegas 2022 Challenge Cup Relay
Proclamation recognizing National Police Week
Proclamation recognizing Public Works Week

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

CONSIDERATION OF APPROVAL OF THE MAY 03, 2022, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES AND THE MAY 03, 2022, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES.

It is recommended that the City Council approve the May 03, 2022, Closed Session Meeting Minutes and the May 03, 2022 Regular Session Meeting Minutes.

ORDINANCES FOR ADOPTION - Procedural Waiver. Waive full reading of each ordinance on the agenda and authorize the approval of each ordinance by title only.

CONSIDERATION OF ORDINANCE NO. 2497 - ADOPTING A MILITARY EQUIPMENT USE POLICY

It is recommended that the City Council adopt the following ordinance:

ORDINANCE NO. 2497 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT POLICY GOVERNING THE USE OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY BILL 481

COMMUNITY DEVELOPMENT

CONSIDERATION OF FINAL TRACT MAP NO. 83134
LOCATION: 1651 EAST ROWLAND AVENUE

It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2022-46 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL MAP OF TRACT MAP NO. 83134 LOCATED AT 1651 EAST ROWLAND AVENUE

CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH THE CITY OF COVINA FOR THE CONSTRUCTION OF CITRUS AVENUE REHABILITATION PROJECT

It is recommended that the City Council take the following actions:

Authorize the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with the City of Covina for the construction of Citrus Avenue Rehabilitation Project as a cost share agreement;
Authorize the City Manager to execute any amendments to the MOU, provided that any increase in the City’s contribution for the improvements is consistent with the executed MOU;
Adopt the resolution:

RESOLUTION NO. 2022-54 - 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

CONSIDERATION OF AGREEMENTS FOR EMERGENCY REPAIR WORK ON AZUSA AVENUE SEWER LIFT STATION UPGRADES — PROJECT NO. U-17022

It is recommended that the City Council take the following actions:

Ratify the City Manager’s execution of Contract Change Order #4 to the construction services agreement with Pyramid Building & Engineering, Inc. for emergency repair of existing sewer force main, in the amount of $921,625.20;
Determine, by a four-fifths (4/5) vote, that there is a need to continue the emergency repairs;
Approve and authorize the City Manager to execute Contract Change Order #3 to the construction services agreement with Pyramid Building & Engineering, Inc. to furnish and install a SCADA system and the generator transfer switch to the new Lift Station, in the amount of $133,519.55;
Approve and authorize the City Manager to execute a Third Amendment to the Professional Services Agreement with NV5, Inc., increasing the total compensation by $95,000, for a maximum compensation of $185,000, and extending the agreement term through December 31, 2022;
Authorize an additional 10% of the initial construction contract amount, totaling $223,970, as contingency allowance to be used, if necessary, with the City Manager's approval, for unforeseen conditions; and
Adopt the following resolution:

RESOLUTION NO. 2022-55 - 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 ( AZUSA AVENUE SEWER LIFT STATION UPGRADES)

FINANCE DEPARTMENT

THIRD QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2021-22

It is recommended that the City Council take the following actions:

Receive and file the Third Quarter Financial Report for Fiscal Year 2021-22; and
Adopt the following resolution:

RESOLUTION NO. 2022-49 - 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 (THIRD QUARTER FINANCIAL REPORT)

ANNUAL REVIEW OF FINANCIAL POLICIES

It is recommended that the City Council adopt the following resolutions:

RESOLUTION NO. 2022-47 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE FUND BALANCE POLICY

RESOLUTION NO. 2022-48 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE STATEMENT OF INVESTMENT POLICY

UPDATE REGARDING PROPOSED FISCAL YEAR 2022-23 BUDGET

It is recommended that City Council receive and file report regarding the Proposed Fiscal Year FY 2022-23 Operating and Capital Improvement Program Budget.

FIRE DEPARTMENT

CONSIDERATION OF PURCHASE OF FIRE DEPARTMENT PERSONAL PROTECTIVE EQUIPMENT

It is recommended that the City Council take the following actions:

In accordance with West Covina Municipal Code Chapter 2, Article VII, Division 2, Section 2-333(i)(1), waive formal contract procedures by finding that it is impractical to purchase personal protective equipment ("PPE") and radios in compliance with the City's formal contract procedures;
Authorize the purchase of PPE from Municipal Emergency Services ("MES"), for a total of $75,050;
Authorize the purchase of 10 APX radios with accessories, device management system components, and support services, directly from Motorola Solutions, for a total of $113,197; and
Authorize 15% of the total amount for each purchase as contingency allowance to be used, if necessary, with the City Manager's approval, for unforeseen conditions.

END OF CONSENT CALENDAR

HEARINGS

PUBLIC HEARINGS

10)

CONSIDERATION OF MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT,GENERAL PLAN AMENDMENT NO. 21-01, ZONE CHANGE NO. 21-02, PRECISE PLAN NO. 21-02, TENTATIVE TRACT MAP NO. 83576, AND TREE PERMIT NO. 20-01 (AMENDMENT) TO CHANGE THE GENERAL PLAN LAND-USE DESIGNATION FROM NEIGHBORHOOD-LOW TO NEIGHBORHOOD MEDIUM, TO CHANGE THE ZONING FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO A SPECIFIC PLAN, TO CONSTRUCT39 RESIDENCES KNOWN AS THE GROVE AT MERCED (ATTACHED TWO-STORY TOWNHOME STYLE UNITS WITH ATTACHED GARAGES, RANGING FROM APPROXIMATELY 1,325 SQ. FT. TO 1,475 SQ. FT.), INTERNAL DRIVE AISLES, COMMON OPEN SPACE, GUEST PARKING SPACES, AND OTHER ASSOCIATED INCIDENTAL IMPROVEMENTS ON A 2.26-ACRE SITE AT 1912 W. MERCED AVENUE

It is recommended that the City Council conduct a public hearing and then take the following actions:

1. Adopt the following resolutions:

RESOLUTION NO. 2022-40 - 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 21-01, ZONE CHANGE NO. 21-02, PRECISE PLAN NO. 22-01, AND VESTING TENTATIVE TRACT MAP NO. 83576 AT 1912 W. MERCED AVENUE , PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970, AS AMENDED

RESOLUTION NO. 2022-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 21-01 CHANGING THE GENERAL PLAN USE DESIGNATION OF 1912 W. MERCED AVENUE FROM NEIGHBORHOOD-LOW TO NEIGHBORHOOD-MEDIUM

RESOLUTION NO. 2022-42 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING PRECISE PLAN NO. 21-01 AND TREE REMOVAL PERMIT NO. 20-01 AT 191 2 W. MERCED AVENUE

RESOLUTION NO. 2022-43 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 83576 AT 1912 W. MERCED AVENUE

2. recommended that the City Council introduce the following ordinance by title only, further reading waived:

ORDINANCE NO. 2499 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING ZONE CHANGE NO. 21-02 AND ADOPTING THE GROVE AT MERCED SPECIFIC PLAN AT 1912 W. MERCED AVENUE

11)

CONSIDERATION OF ADOPTING A RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 8 - MERCED AVENUE (RULE 20A)

It is recommended that the City Council adopt the following resolution:

RESOLUTION NO. 2022-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 8 ON MERCED AVENUE FROM 208 FEET EAST OF SOUTH ORANGE AVENUE TO 180 FEET WEST OF TROJAN WAY

DEPARTMENTAL REGULAR MATTERS

12)

CONSIDERATION OF ORDINANCE AMENDING THE CONTRACT BETWEEN THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF WEST COVINA TO IMPLEMENT COST-SHARING IN ACCORDANCE WITH SECTION 20516 OF THE CALIFORNIA GOVERNMENT CODE AND THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND THE WEST COVINA POLICE OFFICERS' ASSOCIATION

It is recommended that the City Council adopt the following ordinance:

ORDINANCE NO. 2496 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF WEST COVINA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM

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.)

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

ADJOURNMENT

Next Tentative City Council Meeting

Regular Meeting

June 7, 2022

7:00 PM

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.

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.
The city council may establish a limit on the duration of oral communications.
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.
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 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.
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:
1. Addressing the Mayor and City Council without first being recognized.
2. Persisting in addressing a subject or subjects, other than that before the Mayor and City Council.
3. Repetitiously addressing the same subject.
4. Failing to relinquish the podium when directed to do so.
5. 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.
6. 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 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.