Printed Agenda

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY

DECEMBER 6, 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 DECEMBER 6, 2022, 7:00 PM
REGULAR MEETING

INVOCATION

Led by Pastor Antonio Rodriguez from Calvary Chapel, New Beginnings West Covina

PLEDGE OF ALLEGIANCE

Led by Councilman Wu

ROLL CALL

REPORTING OUT FROM CLOSED SESSION

PRESENTATIONS

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 NOVEMBER 15, 2022, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES AND THE NOVEMBER 15, 2022, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES.

It is recommended that the City Council approve the November 15, 2022, Closed Session Meeting Minutes and the November 15, 2022 Regular Session Meeting Minutes.

CITY CLERK'S OFFICE

CONSIDERATION OF AMENDMENTS TO THE CITY OF WEST COVINA’S CONFLICT OF INTEREST CODE

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

RESOLUTION NO. 2022-120 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING A REVISED CONFLICT OF INTEREST CODE FOR THE CITY OF WEST COVINA

CITY MANAGER'S OFFICE

CONSIDERATION OF RESOLUTION NO. 2022-121 DETERMINING THERE IS A NEED TO CONTINUE THE LOCAL EMERGENCY

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

RESOLUTION NO. 2022-121 - 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 , OCTOBER 4, 2022 AND NOVEMBER 15, 2022

CONSIDERATION OF REVISIONS TO SALARY AND BENEFITS SCHEDULE FOR CITY MANAGEMENT TEAM

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

1. Adopt the following resolution:

RESOLUTION NO. 2022-124 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE REVISED SALARY AND BENEFITS SCHEDULE FOR NON-REPRESENTED CITY MANAGEMENT TEAM MEMBERS

2. Approve providing the City Manager a 5% salary increase and the same one-time payment of $5,000 being provided to Department Heads through the adoption of Resolution No. 2022-124, and direct the City Attorney to draft all necessary documents to memorialize such increase and payment.

CONSIDERATION OF AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 2 OF THE WEST COVINA MUNICIPAL CODE RELATING TO CAMPAIGN FINANCE REGULATIONS

It is recommended that the City Council introduce for first reading, by title only, the following ordinance:

ORDINANCE NO. 2510 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING ARTICLE VIII OF CHAPTER 2 OF THE WEST COVINA MUNICIPAL CODE RELATING TO CAMPAIGN FINANCE REGULATIONS

COMMUNITY DEVELOPMENT

CONSIDERATION OF NOTICE OF COMPLETION FOR CORTEZ PARK PLAYGROUND IMPROVEMENTS PROJECT - PROJECT NO. 22007

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

Accept the work performed by Next Stage Engineering, LLP dba Next Stage Group for the Cortez Park Playground Improvements Project (Project No. 22007), with a final contract amount of $108,445.00; and
Authorize the recordation of Notice of Completion with the Los Angeles County Recorder and the release of retention funds 35 days thereafter.

CONSIDERATION OF NOTICE OF COMPLETION FOR FY 2021-22 RESIDENTIAL STREETS REHABILITATION PROGRAM (CDBG) - PROJECT NO. 22005

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

Accept the work performed by R.J. Noble Company for the FY 2021-22 Residential Streets Rehabilitation Program (Project No. 22005), with a final contract amount of $2,114,989.07; and
Authorize the recordation of Notice of Completion with the Los Angeles County Recorder and the release of retention funds 35 days thereafter.

CONSIDERATION OF NOTICE OF COMPLETION FOR CITY HALL 1ST FLOOR RESTROOM IMPROVEMENTS - PROJECT NO. 22023

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

Accept the work performed by Fino Builders Inc. for the City Hall 1st Floor Restroom Improvements (Project No. 22023), with a final contract amount of $109,208.11; and
Authorize the recordation of Notice of Completion with the Los Angeles County Recorder and the release of retention funds 35 days thereafter.

CONSIDERATION OF NOTICE OF COMPLETION AND RATIFICATION OF CONTRACT CHANGE ORDER FOR THE CAMERON AVENUE & BARRANCA STREET TRAFFIC SIGNAL INSTALLATION PROJECT - PROJECT NO. 18040

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

Ratify the construction contract change order in the amount of $4,957.76 for the extra work completed as part of the Cameron Avenue at Barranca Street Traffic Signal Improvements Project (Project No. 18040) (the "Project"). The extra work was for installation of additional traffic signal equipment and adjustment of pedestrian crossing time on the new signal system to accommodate school drop-off/pickup rush hour waits; and
Approve work order to Southern California Edison (SCE) in the amount of $16,825.21 for installation of a new streetlight pole at the southeast corner of Cameron and Barranca intersection to improve intersection safety; and
Accept the work performed by P.T.M. Engineering Services, Inc. for the Project, with a final contract amount of $391,290.88; and
Authorize the recordation of Notice of Completion with the Los Angeles County Recorder and the release of retention funds 35 days thereafter.

10)

CONSIDERATION OF NOTICE OF COMPLETION FOR THE CAMERON PARK RESTROOM IMPROVEMENTS (PROJECT No. 22024)

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

Accept the work performed by ACE Construction, Inc. for the Cameron Park Restroom Improvements Project (Project No. 22024), with a final contract amount of $210,583.30; and
Authorize the recordation of Notice of Completion with the Los Angeles County Recorder and the release of retention funds 35 days thereafter.

11)

CONSIDERATION OF NOTICE OF COMPLETION FOR THE CITYWIDE PEDESTRIAN AND VEHICLE SAFETY IMPROVEMENTS (PROJECT 22004)

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

Accept the work performed by Superior Pavement Markings, Inc. for the Citywide Pedestrian and Vehicle Safety Improvements (Project No. 22004), with a final contract amount of $406,479.00; and
Authorize the recordation of Notice of Completion with the Los Angeles County Recorder and the release of retention funds 35 days thereafter.

12)

CONSIDERATION OF ADOPTION OF ORDINANCES NOS. 2507 AND 2506 CREATING THE MIXED USE OVERLAY ZONE AND RELATED STANDARDS

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

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

13)

CONSIDERATION OF AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR PRELIMINARY ENGINEERING SERVICES FOR TRAFFIC SIGNAL IMPROVEMENTS AT 10 INTERSECTIONS (HSIP CYCLE 10 IMPROVEMENTS) - PROJECT NO. 23028

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

Authorize the City Manager to negotiate and execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. in the amount of $194,123.15 to provide Preliminary Engineering Services (PE Phase) for Traffic Signal Improvements at 10 Intersections (HSIP Cycle 10 Improvements), in such final form as approved by the City Attorney; and
Authorize the City Manager to utilize a contingency up to 10% or a final contract amount of $213,535.47; and
Authorize the City Manager to negotiate and execute any future amendments to the agreement; and
Adopt the following resolution:

RESOLUTION NO. 2022-119 - 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 (HSIP CYCLE 10 IMPROVEMENTS)

14)

CONSIDERATION OF ADOPTION 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 adopt 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), 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

FINANCE DEPARTMENT

15)

CONSIDERATION OF AWARD FOR LAND MANAGEMENT SOFTWARE (LMS)

It is recommended that the City Council:

Award Request for Proposals (“RFP”) No. 11-014 for Land Management Software to Silver Lining Solutions, LLC to provide implementation of the Accela Civic Platform and associated services;
Authorize the City Manager to negotiate and execute any and all agreements necessary for the acquisition and implementation of the new Land Management Software, including, but not limited to, a Professional Services Agreement (Attachment No. 1), a Subscription Services Agreement (Attachment No. 2), a Master Licensing Agreement (Attachment No. 3), and a Master Subscription Agreement (Attachment No. 4), each with an initial term of up to five years, in such final form as approved by the City Attorney;
Authorize the City Manager to negotiate and execute any amendments to the agreements, in such form as approved by the City Attorney; and
Approve the following resolution:

RESOLUTION NO. 2022- 125 - 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 (LAND MANAGEMENT SOFTWARE)

16)

FIRST QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2022-23

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

Receive and file the First Quarter Financial Report for Fiscal Year 2022-23; and
Adopt the following resolution:

RESOLUTION NO. 2022-117 - 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 (FIRST QUARTER FINANCIAL REPORT)

PUBLIC SERVICES

17)

CONSIDERATION OF AGREEMENT FOR LANDSCAPE MAINTENANCE OF CITYWIDE MEDIANS, RIGHT-OF-WAYS, COMMERCIAL ZONES, SIDEWALKS, TREE WELLS AND OTHER AREAS.

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

Award Request for Proposals (RFP) No. 61-017 for Landscape Maintenance Services to Brightview Landscape Services, Inc.
Authorize the City Manager execute an agreement with Brightview Landscape Services, Inc. in an amount not to exceed $2,673,869 ($427,819 annually plus 25% for additional work as approved by the City Manager) for a three (3) year term with the option to renew for two (2) additional one-(1) year periods to provide landscape maintenance of Citywide medians, rights-of-way, commercial zones, sidewalks, tree wells and other areas, in substantially the form as attached and in such final form as approved by the City Attorney.
Authorize the City Manager to execute future amendments to the agreement.

END OF CONSENT CALENDAR

HEARINGS

PUBLIC HEARINGS

18)

CONDUCT TAX EQUITY AND FISCAL RESPONSIBILITY ACT (TEFRA) HEARING AND CONSIDER ADOPTION OF A RESOLUTION CONDITIONALLY APPROVING THE ISSUANCE OF NOT-TO-EXCEED $20,000,000 OF CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY REVENUE BONDS FOR THE BENEFIT OF OPTIONS FOR LEARNING

It is recommended that the City Council:

Conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 to receive comments relating to the issuance by the California Enterprise Development Authority (Authority) of not-to-exceed $20,000,000 of the Authority’s Revenue Bonds (Bonds) for the benefit of Options for Learning, a California nonprofit public benefit corporation (Borrower).
Adopt the attached resolution approving the issuance of the Bonds by the Authority to finance and refinance facilities for the benefit of the Borrower, contingent upon the execution of a payment in lieu of taxes agreement between the City and the Borrower:

RESOLUTION NO. 2022-126 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE ISSUANCE BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY OF NOT TO EXCEED $20,000,000 AGGREGATE PRINCIPAL AMOUNT OF THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY’S REVENUE BONDS FOR THE PURPOSE OF FINANCING, REFINANCING AND/OR REIMBURSING THE COST OF ACQUISITION, CONSTRUCTION, INSTALLATION, EQUIPPING AND FURNISHING OF CERTAIN FACILITIES FOR THE BENEFIT OF OPTIONS FOR LEARNING, CONTINGENT UPON EXECUTION OF A PAYMENT IN LIEU OF TAXES AGREEMENT BETWEEN THE CITY AND OPTIONS FOR LEARNING, AND OTHER MATTERS RELATING THERETO HEREIN SPECIFIED

Authorize the City Manager to negotiate and execute a payment in lieu of taxes agreement (PILOT) with Options for Learning and any future amendments to the agreement, in such form as approved by the City Attorney.

DEPARTMENTAL REGULAR MATTERS

COMMUNITY DEVELOPMENT

19)

CODE ENFORCEMENT DIVISION UPDATE

It is recommended that the City Council receive and file this information report.

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

December 20, 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.