Printed Agenda

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY

JUNE 21, 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 JUNE 21, 2022, 7:00 PM
REGULAR MEETING

INVOCATION

Led by Pastor Samuel Martinez from Amazing Love Ministries

PLEDGE OF ALLEGIANCE

Led by Councilman Wu

ROLL CALL

REPORTING OUT FROM CLOSED SESSION

PRESENTATIONS

Certificate of Recognition honoring the graduates of the Mt. SAC Early College Academy
Presentation by the Upper San Gabriel Valley Municipal Water District on Drought 101 and conservation efforts
Presentation by Southern California Edison
- System Reliability Report
- Residential Rate Plan Choices

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 JUNE 07, 2022, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES AND THE JUNE 07, 2022, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES.

It is recommended that the City Council approve the June 07, 2022, Closed Session Meeting Minutes and the June 07, 2022 Regular Session Meeting Minutes.

COMMISSION SUMMARY OF ACTIONS

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 AN ORDINANCE ADOPTING NEW PURCHASING PROCEDURES

It is recommended that the City Council adopt the following:

ORDINANCE NO. 2498 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, REPEALING AND REPLACING DIVISION 1 (GENERALLY) AND DIVISION 2 (PURCHASING SYSTEM) AND AMENDING DIVISION 3 (CONTRACTING FOR PUBLIC PROJECTS) OF ARTICLE VII (PURCHASES AND SALES) OF CHAPTER 2 (ADMINISTRATION) OF THE WEST COVINA MUNICIPAL CODE

RESOLUTION NO. 2022-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING THE THRESHOLDS FOR SMALL, INFORMAL AND FORMAL PROCUREMENTS IN ACCORDANCE WITH SECTION 2-328 (PURCHASING AUTHORITY; PURCHASE ORDER AND CONTRACT APPROVAL REQUIREMENTS) OF DIVISION 1 (GENERALLY) OF ARTICLE VII (PURCHASES AND SALES) OF CHAPTER 2 (ADMINISTRATION) OF THE WEST COVINA MUNICIPAL CODE

CITY CLERK'S OFFICE

BIENNIAL REVIEW OF CONFLICT OF INTEREST CODE

It is recommended that the City Council direct staff to review the City's current Conflict of Interest Code and report to the City Council no later than October 1, 2022 regarding whether or not an amendment to the Code is required.

CITY MANAGER'S OFFICE

CONSIDERATION OF FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC. FOR HEALTH RESOURCE SERVICES

It is recommended that the City Council approve the First Amendment to the Professional Services Agreement (PSA) with Transtech Engineers, Inc. (Transtech) for Health Resource Services.

COMMUNITY DEVELOPMENT

CONSIDERATION OF FINAL TRACT MAP NO. 83166
LOCATION: 1024 WEST WORKMAN AVENUE
SUBDIVIDER: MERITAGE HOMES OF CALIFORNIA, INC.

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

RESOLUTION NO. 2022-35 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING FINAL TRACT MAP NO. 83166 LOCATED AT 1024 WEST WORKMAN AVENUE

CONSIDERATION OF UTILIZING THE ART IN PUBLIC PLACES FUND TO MAINTAIN EXISTING ARTWORK AND COMMISSION NEW ARTWORK

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

Utilize a portion of the Art in Public Places fund to commission artwork in the form of a mural at the Orangewood Park skate park; and
Approve the Planning Commission's recommendation to create an Art in Public Places Subcommittee; and
Ratify the Mayor's appointment of Council Member Letty Lopez-Viado, Planning Commisioner Brian Gutierrez, Community and Senior Services Commissioner Sherry Fischer, and Assistant City Manager Paulina Morales to the Art in Public Places Subcommittee.

CONSIDERATION OF AN AMENDMENT OF CONSTRUCTION AGREEMENT OF FRIENDSHIP PARK IMPROVEMENTS WITH JAYNES BROTHERS CONSTRUCTION INC. TO ADDRESS TRIPPING HAZARDS AND LIGHTING CONCERNS - PROJECT NO. 21035

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

Increase contingency for Jaynes Brothers Construction Inc. contract to 25%, if necessary, with the City Manager's approval, for unforeseen conditions;
Authorize the City Manager to approve any and all purchases and execute any and all agreements or amendments within the total project budget of $1,000,000.

FINANCE DEPARTMENT

CONSIDERATION OF SINGLE AUDIT REPORT FOR THE YEAR ENDED JUNE 30, 2021

It is recommended that City Council receive and file the Single Audit Report on Federal Award Programs for the year ended June 30, 2021.

FIRE DEPARTMENT

CONSIDERATION OF FIRST AMENDMENT TO THE AGREEMENT WITH RINCON ENVIRONMENTAL, LLC FOR LOCAL ENFORCEMENT AGENCY REGULATORY COMPLIANCE SERVICES

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

Approve the First Amendment to the Professional Services Agreement with Rincon Environmental LLC for LEA (local enforcement agency) regulatory compliance services; and
Authorize the City Manager to negotiate and execute future amendments to the Agreement, provided that the overall term does not exceed five (5) years.

10)

CONSIDERATION OF A BUDGET AMENDMENT AND AGREEMENT WITH PERFORMANCE TRUCK REPAIR FOR FIRE EQUIPMENT MAINTENANCE

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

Authorize the City Manager to execute the First Amendment to the Maintenance Services Agreement with Performance Truck Repair, Inc. (PTR) for fire apparatus service and repairs.
Authorize the City Manager to negotiate and execute future amendments to the Agreement exercising the extension options.
Adopt the following resolution:

RESOLUTION NO. 2022-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR FISCAL YEAR COMMENCING JULY 1, 2021 AND ENDING JUNE 30, 2022 (FIRE FLEET REPAIR)

POLICE DEPARTMENT

11)

CONSIDERATION OF AWARD OF AGREEMENT FOR CITYWIDE TOWING SERVICES

It is recommended that the City Council:

Award a non-exclusive franchise agreement for police towing services to Royal Coaches Auto Body & Towing; and
Authorize the City Manager to negotiate and execute the agreement, with a term of five years, in such form as approved by the City Attorney.

PUBLIC SERVICES

12)

CONSIDERATION OF AN AGREEMENT WITH U.S. FOODS TO PROVIDE RAW FOOD AND MISCELLANEOUS FOOD SUPPLIES FOR THE SENIOR MEALS PROGRAM

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

Authorize the City Manager to execute an agreement with U.S. Foods, Inc. for raw foods and miscellaneous food supplies for the City's Senior Meals Program, in an amount not to exceed $60,000, for a term through November 24, 2022; and
Authorize the City Manager to negotiate and execute all necessary documents in such final form as approved by the City Attorney, including any amendments to the agreement if the State of California extends its agreement.

13)

CONSIDERATION OF AN AGREEMENT WITH BETTER 4 YOU MEALS FOR FROZEN MEALS FOR THE SENIOR MEALS PROGRAM

It is recommended that the City Council:

Authorize the City Manager to enter into an agreement with Better 4 You Breakfast, Inc. dba Better 4 You Meals to provide frozen meals for the Senior Meals Program, in a form approved by the City Attorney;
Authorize the City Manager to negotiate and execute all other necessary documents, in such form as approved by the City Attorney, to carry out the City Council's direction.

14)

CONSIDERATION OF RATIFICATION OF EXPENDITURES FOR THE 2022 WEST COVINA SPRING FESTIVAL

It is recommended that the City Council waive formal contract procedures, in accordance with West Covina Municipal Code Chapter 2, Article VII, Division 2, Section 2-333(i)(1), and ratify the following expenditures from the 2022 West Covina Spring Festival:

United Site Services for sanitation in the amount of $55,923.56
A-1 Event & Party Rentals in the amount of $66,784.95.

END OF CONSENT CALENDAR

HEARINGS

PUBLIC HEARINGS

15)

CONSIDERATION OF ZONE CHANGE NO. 22-02 (ACCESSORY DWELLING UNIT ORDINANCE)

It is recommended that the City Council conduct a public hearing and then introduce the following ordinance for first reading, by title only, further reading waived:

ORDINANCE NO. 2500 - AN ORDINANCE OF THE CITY COUNCIL OF WEST COVINA, CALIFORNIA, AMENDING PORTIONS OF DIVISION 11 (ACCESSORY DWELLING UNITS) OF ARTICLE XII (SPECIAL REGULATIONS FOR UNIQUE USES) OF CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE TO AUTHORIZE ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS CONSISTENT WITH STATE LAW REQUIREMENTS

16)

PUBLIC HEARING TO CONSIDER WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT FISCAL YEAR 2022-2023 ANNUAL REPORT AND ASSESSMENT

It is recommended that the City Council conduct the public hearing and then adopt the following resolution:

RESOLUTION NO. 2022-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING THE ANNUAL REPORT FILED BY THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN ANNUAL ASSESSMENT FOR THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2022-2023

DEPARTMENTAL REGULAR MATTERS

COMMUNITY DEVELOPMENT

17)

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.

FINANCE DEPARTMENT

18)

CONSIDERATION OF MEASURES TO COMPLY WITH CALIFORNIA SENATE BILL 1383, NPDES STORMWATER REGULATIONS, AND AMENDMENTS TO THE ATHENS SERVICES FRANCHISE AGREEMENT

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

1. Authorize the City Manager to execute a professional services agreement, in a form approved by the City Attorney, with the San Gabriel Valley Council of Governments for participation in the San Gabriel Regional Food Recovery Program; or

2.a. Authorize the City Manager to negotiate and execute an agreement with Arakelian Enterprises, Inc. DBA Athens Services for the collection of solid waste, recyclables, yard waste and other compostables, in such final form as approved by the City Attorney, incorporating the updated terms relating to beautification services as detailed below; and

2.b. Approve, by a majority vote of the entire City Council, dispensing with formal bidding procedures and requirements in connection with the procurement of bus shelter maintenance and graffiti abatement services by finding that it would be uneconomical to comply with such requirements and it would promote the public interest to dispense with such requirements, in accordance with the requirements of Section 2-330(b) of the West Covina Municipal Code; or

3. Direct the City Manager to continue negotiations with Arakelian Enterprises, Inc. DBA Athens Services to implement SB 1383.

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

07/05/2022

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.