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CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
APRIL 18, 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 APRIL 18, 2023, 7:00 PM
REGULAR MEETING
INVOCATION
Led by Pastor Samuel Martinez with Amazing Love Ministries
PLEDGE OF ALLEGIANCE
Led by Mayor Pro Tem Tabatabai
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
PRESENTATIONS
Proclamation Honoring Arbor Day
Celebrating Autism Awareness Month
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 APRIL 4, 2023, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES. THE REGULAR CLOSED SESSION MEETING WAS CANCELED.
It is recommended that the City Council approve the April 4, 2023, Regular Session Meeting Minutes.
CITY MANAGER'S OFFICE
2)
CONSIDERATION OF RESOLUTION NO. 2023-24 TERMINATING THE LOCAL EMERGENCY RELATED TO SEVERE WINTER STORMS Staff recommends that the City Council adopt the following resolution:
RESOLUTION NO. 2023-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY PROCLAIMED ON JANUARY 11, 2023 RELATED TO SEVERE WINTER STORMS
COMMUNITY DEVELOPMENT
3)
CONSIDERATION OF IMPLEMENTATION OF WEEKLY STREET SWEEPING PROGRAM, INCLUDING THE POSTING AND ENFORCEMENT OF "NO PARKING STREET SWEEPING" SIGNS.
It is recommenced that the City Council 1) receive and file report regarding implementation of weekly street sweeping program and 2) encourage broad public dissemination of this topic, directing that a community outreach forum be held to solicit public comments. 4)
CONSIDERATION OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH JHD PLANNING LLC FOR THE PREPARATION OF THE GENERAL PLAN HOUSING ELEMENT UPDATE It is recommended that the City Council:
Authorize the City Manager to execute the Fourth Amendment to the Professional Services Agreement with JHD Planning, LLC, increasing JHD Planning, LLC's maximum compensation to $109,800, to provide consulting services associated with updating the Housing Element of the General Plan.
Authorize the City Manager to execute any future amendments to the Agreement, provided that JHD Planning, LLC's total compensation does not exceed $200,000. 5)
CONSIDERATION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITIES OF WEST COVINA AND COVINA FOR THE CONSTRUCTION OF THE WORKMAN AVENUE REHABILITATION PROJECT It is recommended that the City Council approve the following:
Authorize the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with the City of Covina for the Workman Avenue Rehabilitation Project in the amount of $70,688.00, in such final form as approved by the City Attorney; Authorize the City Manager to amend the MOU up to ten (10%) percent; Adopt the following resolution:
RESOLUTION NO. 2023-21 -
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 (WORKMAN AVE REHAB AT CITRUS) 6)
CONSIDERATION OF CONSTRUCTION AGREEMENT FOR FY 2022-23 RESIDENTIAL STREETS REHABILITATION PROGRAM - PROJECT NO. 23014 It is recommended that the City Council take the following actions:
Award the construction agreement for the FY 2022-23 Residential Streets Rehabilitation Program (Project No. 23014) to Vance Corporation as the lowest responsible bidder; Authorize the City Manager to negotiate and execute an agreement with Vance Corporation for $2,958,945.00, in substantially the form as attached and in such final form as approved by the City Attorney; Authorize the City Manager to negotiate and execute any amendments up to 15% of the awarded contract amount; Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302 (Replacement or Reconstruction); and Adopt the following resolution:
RESOLUTION NO. 2023-23 - 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 (FY 2022-23 RESIDENTIAL STREETS REHABILITATION PROGRAM)
FINANCE DEPARTMENT
7)
CONSIDERATION OF RESOLUTION 2023-20 – AMENDING THE THRESHOLDS FOR SMALL, INFORMAL AND FORMAL PROCUREMENTS AND ESTABLISHING THE APPROVAL REQUIREMENTS FOR THE SALE, EXCHANGE, DISPOSAL, OR DONATION OF SURPLUS OF EQUIPMENT AND SUPPLIES It is recommended that the City Council review and approve the following Resolution:
RESOLUTION NO. 2023-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ESTABLISHING REVISED THRESHOLDS FOR SMALL, INFORMAL AND FORMAL PROCUREMENTS IN ACCORDANCE WITH SECTION 2-328 OF DIVISION 2 OF ARTICLE VII OF CHAPTER 2 OF THE WEST COVINA MUNICIPAL CODE AND ESTABLISHING THE APPROVAL REQUIREMENTS FOR THE SALE, EXCHANGE, DISPOSAL, OR DONATION OF SURPLUS SUPPLIES AND EQUIPMENT IN ACCORDANCE WITH SECTION 2-336 OF DIVISION 2 OF ARTICLE VII OF CHAPTER 2 OF THE WEST COVINA MUNICIPAL CODE 8)
PURCHASING REPORT AND REJECTION OF BIDS AND REQUESTS FOR PROPOSALS It is recommended that the City Council take the following actions:
Receive and file the Purchasing Report for July 1, 2022 through March 31, 2023; and Reject the unawarded bids and requests for proposals detailed within the staff report.
FIRE DEPARTMENT
9)
CONSIDERATION OF PROCUREMENT OF FIRE DEPARTMENT EQUIPMENT It is recommended that the City Council take the following actions:
In accordance with Section 2-335 (11) of the West Covina Municipal Code, ratify the suspension of normal bidding or purchasing and procurement requirements in connection with the emergency purchase of one ambulance from Republic EVS in the amount of $352,014.66 due to equipment breakdown requiring immediate purchase in order to protect the public health, welfare, and safety; Authorize the City Manager to negotiate and execute any and all documents to acquire two additional new ambulances within the remaining project budget (Project No. 22022, New Ambulances); In accordance with Section 2-335 (10) of the West Covina Municipal Code, find that compliance with the City's bidding requirements and procedures may be impractical and not in the best interest of the City in connection with the procurement of two new ambulances due to the limited stock and availability; and Adopt the following resolution:
RESOLUTION NO. 2023-22 - 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 (FIRE EQUIPMENT)
END OF CONSENT CALENDAR
DEPARTMENTAL REGULAR MATTERS
CITY CLERK'S OFFICE
10)
CONSIDERATION OF APPOINTMENTS TO THE AUDIT COMMITTEE
It is recommended that the City Council appoint three Committee Members to the City's Audit Committee to each serve a two-year term.
FINANCE DEPARTMENT
11)
PROPOSED FISCAL YEAR 2023-24 OPERATING AND CAPITAL IMPROVEMENT PROGRAM BUDGET It is recommended that City Council:
Receive and file the Proposed Fiscal Year 2023-24 Operating and Capital Improvement Program Budget; Direct that the proposed budget be publicly disseminated, including at community budget workshops on April 26, 2023, and May 1, 2023; and Schedule it for consideration at the June 6, 2023, City Council meeting.
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
May 2, 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:
Addressing the Mayor and City Council without first being recognized.
Persisting in addressing a subject or subjects, other than that before the Mayor and City Council.
Repetitiously addressing the same subject.
Failing to relinquish the podium when directed to do so.
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.
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.