Printed Agenda

CITY OF WEST COVINA

CITY COUNCIL/SUCCESSOR AGENCY

FEBRUARY 21, 2023, 7:00 PM
REGULAR MEETING

CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790

Mayor Rosario Diaz
Mayor Pro Tem Brian Tabatabai
Councilman Tony Wu
Councilwoman Letty Lopez-Viado
Councilman Ollie Cantos

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 FEBRUARY 21, 2023, 7:00 PM
REGULAR MEETING

INVOCATION

Led by Pastor Mason Okubo from Immanuel First Lutheran Church

PLEDGE OF ALLEGIANCE

Led by Councilwoman Lopez-Viado

ROLL CALL

REPORTING OUT FROM CLOSED SESSION

PRESENTATIONS

Proclamation for Black History Month
Air Quality Updates Presentation by South Coast Air Quality Management District – Michael Cacciotti, Governing Board Vice Chair

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 FEBRUARY 7, 2023, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES AND THE FEBRUARY 7, 2023, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES.

It is recommended that the City Council approve the February 7, 2023, Closed Session Meeting Minutes and the February 7, 2023, Regular Session Meeting Minutes.

CITY MANAGER'S OFFICE

TERMINATE THE AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS WITH SINGPOLI BD GROUP LLC

It is recommended that the City Council authorize the City Manager to terminate the Agreement of Purchase and Sale and Joint Escrow Instructions with Singpoli Group, LLC and any and all agreements and documents necessary including canceling escrow.

CONSIDERATION OF TERMINATION OF EXCLUSIVE NEGOTIATION AGREEMENT WITH ENVISION HOTEL PARTNERS, LLC FOR THE CITY YARD PROPERTY PROJECT (811 SOUTH SUNSET AVENUE)

It is recommended that the City Council authorize the City Manager to terminate the Exclusive Negotiation Agreement (ENA) with Envision Hotel Partners, LLC.

CONSIDERATION OF RESOLUTION APPROVING A CENTRAL INVENTORY AND DECLARING CITY-OWNED PROPERTIES AS SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54222

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

RESOLUTION NO. 2023-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA APPROVING A CENTRAL INVENTORY OF SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTION 54221, DECLARING SUCH LANDS ARE NOT NECESSARY FOR THE CITY’S USE, FINDING THAT SUCH DECLARATION IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15060(C)(3), AND TAKING RELATED ACTIONS

CONSIDERATION OF RESOLUTION NO. 2023-17 CONTINUING THE LOCAL EMERGENCY RELATED TO SEVERE WINTER STORMS

Staff recommends that the City Council adopt the following resolution:

RESOLUTION NO. 2023-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DETERMINING THE NEED TO CONTINUE THE LOCAL EMERGENCY PROCLAIMED ON JANUARY 11, 2023 RELATED TO SEVERE WINTER STORMS

CONSIDERATION OF MAYORAL APPOINTMENTS OF CITY COUNCIL MEMBER REPRESENTATIVES TO VARIOUS ADVISORY BOARDS AND COMMITTEES

Staff recommends that the City Council adopt the following resolution:

RESOLUTION NO. 2023-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING THE MAYOR’S APPOINTMENTS TO VARIOUS ADVISORY BOARDS AND COMMITTEES

CONSIDERATION OF RESOLUTION NO. 2023-8 TERMINATING THE LOCAL EMERGENCY RELATING TO COVID-19

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

RESOLUTION NO. 2023-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY PROCLAIMED ON MARCH 16, 2020 RELATING TO THE COVID-19 PANDEMIC

CONSIDERATION OF FOURTH AMENDMENT TO RETAINER AGREEMENT FOR CITY ATTORNEY SERVICES

It is recommended that the City Council approve the Fourth Amendment to Retainer Agreement with Jones Mayer for City Attorney services.

FINANCE DEPARTMENT

SECOND QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2022-23

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

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

RESOLUTION NO. 2023-7 - 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 (SECOND QUARTER FINANCIAL REPORT)

FIRE DEPARTMENT

10)

CONSIDERATION OF APPOINTMENT OF A HEARING OFFICER FOR CALRECYCLE LOCAL ENFORCEMENT AGENCY PROGRAM

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

RESOLUTION NO. 2023-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, APPOINTING A HEARING OFFICER FOR APPEALS ARISING FROM THE LOCAL ENFORCEMENT AGENCY

HUMAN RESOURCES/RISK MANAGEMENT

11)

CONSIDERATION OF SIDE LETTERS OF AGREEMENT FOR FIVE BARGAINING UNITS

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

RESOLUTION NO. 2023-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE SIDE LETTER BETWEEN THE CITY AND THE CITY OF WEST COVINA GENERAL EMPLOYEES’ ASSOCIATION

RESOLUTION NO. 2023-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE SIDE LETTER BETWEEN THE CITY AND THE CITY OF WEST COVINA CONFIDENTIAL EMPLOYEES' ASSOCIATION

RESOLUTION NO. 2023-11 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE SIDE LETTER BETWEEN THE CITY AND THE CITY OF WEST COVINA MAINTENANCE & CRAFTS EMPLOYEES' ASSOCIATION

RESOLUTION NO. 2023-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE SIDE LETTER BETWEEN THE CITY AND THE CITY OF WEST COVINA MID-MANAGEMENT EMPLOYEES' ASSOCIATION

RESOLUTION NO. 2023-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE SIDE LETTER BETWEEN THE CITY AND THE CITY OF WEST COVINA NON-SWORN EMPLOYEES' ASSOCIATION

END OF CONSENT CALENDAR

HEARINGS

PUBLIC HEARINGS

12)

PUBLIC HEARING REGARDING CODE AMENDMENT 22-04 AND ORDINANCE NO. 2511 PERTAINING TO STANDARDS AND REQUIREMENTS FOR SHOPPING CART CONTAINMENT.

It is recommended that the City Council conduct a public hearing and then introduce the following ordinance:

ORDINANCE NO. 2511 - AN ORDINANCE OF THE CITY COUNCIL OF WEST COVINA, CALIFORNIA, AMENDING CHAPTERS 15 AND 26 OF THE WEST COVINA MUNICIPAL CODE TO AUTHORIZE DEVELOPMENT STANDARDS AND REQUIREMENTS FOR CART CONTAINMENT AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)

13)

CONSIDERATION OF AN URGENCY ORDINANCE AND MORATORIUM PERTAINING TO DRIVE THROUGH FOOD ESTABLISHMENTS

It is recommended that the City Council conduct a public hearing and then consider adoption, by 4/5 vote, the following ordinance:

URGENCY ORDINANCE NO. 2512 - AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF WEST COVINA, CALIFORNIA, ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 ESTABLISHING A 45-DAY TEMPORARY MORATORIUM ON THE REVIEW AND APPROVAL OF DRIVE-THROUGH RESTAURANTS/FOOD ESTABLISHMENTS WITHIN CITY LIMITS DURING THE PENDENCY OF THE CITY’S REVIEW AND ADOPTION OF PERMANENT ZONING REGULATIONS AND OBJECTIVE STANDARDS FOR SUCH USES AND DECLARING URGENCY THEREOF, AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)

DEPARTMENTAL REGULAR MATTERS

14)

HSIP CYCLE 10 IMPROVEMENTS UPDATE - PROJECT NO. 23028

It is recommended that the City Council receive and file the City’s HSIP Cycle 10 Improvements Update.

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

March 7, 2023

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.