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CITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
SEPTEMBER 5, 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 SEPTEMBER 5, 2023, 7:00 PM
REGULAR MEETING
INVOCATION
Led by Pastor Samuel Martinez from Amazing Love Ministries
PLEDGE OF ALLEGIANCE
Led by Councilman Cantos
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
PRESENTATIONS
Certificate of Recognition Honoring Sherry Fischer as 2023 Citizen of the Year Certificate of Recognition Honoring West Covina Little League's 2023 Season Accomplishments 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 AUGUST 15, 2023, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES AND THE AUGUST 15, 2023, CITY COUNCIL/SUCCESSOR AGENCY REGULAR CLOSED SESSION MEETING MINUTES.
Consideration of Approval of the August 15, 2023, City Council/Successor Agency Regular Session Meeting Minutes and the August 15, 2023, City Council/Successor Agency Regular Closed 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. 2)
CONSIDERATION OF THE SECOND READING OF ORDINANCE NO. 2515 - PERTAINING TO REQUIREMENTS AND STANDARDS ALLOWING BEER AND WINE SALES AT SERVICE STATIONS AS AN AUXILIARY USE It is recommended that the City Council adopt the following ordinance:
ORDINANCE NO. 2515 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA TO AMEND CHAPTER 26 OF THE WEST COVINA MUNICIPAL CODE TO ALLOW ALCOHOL (BEER AND WINE) SALES AT SERVICE STATIONS AND FINDING THE ORDINANCE IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3) 3)
AN ORDINANCE ADOPTING AN AMENDED MILITARY EQUIPMENT POLICY GOVERNING THE USE OF MILITARY EQUIPMENT It is recommended that the City Council adopt the following ordinance:
ORDINANCE NO. 2516 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING AN AMENDED MILITARY EQUIPMENT POLICY GOVERNING THE USE OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY BILL 481
COMMUNITY DEVELOPMENT
4)
CONSIDERATION OF ACCEPTANCE OF WORK
FOR
SOLAR PV SYSTEM CONSTRUCTION PROJECT - PROJECT NO.
20418
It is recommended that the City Council a
ccept the work performed by Motive Energy Storage Systems, Inc. (MESSI) for the Solar PV System Construction Project (Project No. 21033
) with a final contract amount of $4,673,215.34.
5)
CONSIDERATION OF
CO
NSTRUCTION
AGREEMENT FOR CORTEZ PARK SPORTS FIELD LIGHTING - PROJECT NO. 22 016
It is recommended that the City Council take the following actions:
Award the construction agreement for the Cortez Park Sports Field Lighting Project (Project No. 22016) to F.E.C. Electric, Inc. as the lowest responsible bidder; Authorize the Acting City Manager to execute an agreement with F.E.C. Electric, Inc. for $233,500.00; Authorize the City Manager to negotiate and execute any amendments up to 15% of the awarded agreement amount; Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15302 (Replacement or Reconstruction). 6)
CONSIDERATION OF M
EMORANDUM OF AGREEMENT WITH THE COUNTY OF LOS ANGELES AND THE CITIES OF BALDWIN PARK. COVINA, GLENDORA, INDUSTRY, LA PUENTE, AND SOUTH EL MONTE REGARDING IMPLEMENTATION OF THE COORDINATED INTEGRATED MONITORING PROGRAM FOR THE UPPER SAN GABRIEL RIVER WATERSHED It is recommended that the City Council authorize the Acting City Manager to execute the Memorandum of Agreement between West Covina and the County of Los Angeles, the Los Angeles Flood Control District, and the Cities of Baldwin Park, Covina, Glendora, Industry, La Puente and South El Monte regarding the administration and cost sharing for the implementation of the Coordinated Integrated Monitoring Program for the Upper San Gabriel River Watershed.
HUMAN RESOURCES/RISK MANAGEMENT
7)
CONSIDERATION OF PERSONNEL RULES AND EMPLOYER-EMPLOYEE RELATIONS RESOLUTION It is recommended that the City Council approve the following:
RESOLUTION NO. 2023-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING NEW PERSONNEL RULES RESOLUTION NO. 2023-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE EMPLOYER-EMPLOYEE RELATIONS RESOLUTION 8)
CONSIDERATION OF NEW JOB CLASSIFICATIONS AND SPECIFICATIONS FOR LANDSCAPE MAINTENANCE LEAD-WORKER AND MAINTENANCE SUPERVISOR It is recommended that the City Council adopt the following resolutions:
RESOLUTION NO. 2023-74 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE ESTABLISHMENT OF THE LANDSCAPE MAINTENANCE LEAD-WORKER CLASSIFICATION ; AND
RESOLUTION NO. 2023-75 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING THE ESTABLISHMENT OF THE MAINTENANCE SUPERVISOR CLASSIFICATION
POLICE DEPARTMENT
9)
CONSIDERATION OF INCREASING THE HOURLY PAY RATE FOR THE PART-TIME POLICE CADET POSITION AND THE AUXILIARY SAFETY RESERVE OFFICER POSITIONS.
Staff recommends that the City Council adopt the following resolution:
RESOLUTION NO. 2023-63 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE LIMITED SERVICE COMPENSATION SCHEDULE AND REPEALING RESOLUTION NO. 2022-128 10)
CONSIDERATION OF
AWARD OF BID FOR POLICE DEPARTMENT BODY-WORN AND IN-CAR CAMERA SYSTEM It is recommended that the City Council take the following actions:
Award Request for Proposals (RFP) No. 31-010 to Axon Enterprise, Inc. for the Police Department body-worn cameras, in-car cameras, and digital evidence management system; and Authorize the Acting City Manager to negotiate and execute a Master Services and Purchasing Agreement and related documents with Axon Enterprise, Inc., in an amount not exceeding $1,510,069.55 over five years,
in such final form as approved by the City Attorney.
PUBLIC SERVICES
11)
CONSIDERATION OF AWARD OF REQUEST FOR PROPOSALS NO. 61-021
FOR LANDSCAPE AND MAINTENANCE SERVICES FOR LANDSCAPE MAINTENANCE DISTRICTS AND SPORTSPLEX COASTAL SAGE AND SCRUB AREAS It is recommended that the City Council authorize the Acting City Manager to take the following actions:
Terminate existing agreement with Merchants Landscape Services, Inc. expiring December 31, 2023.
Award contract for Request for Proposal (RFP) No. 06-021 to Merchants Landscape Services, Inc. (Merchants) for landscape and maintenance of landscape maintenance districts and Sportsplex Coastal Sage and Scrub areas.
Authorize the Acting City Manager to negotiate and execute an agreement, in such final form as approved by the City Attorney, with Merchants Landscape Services, Inc. in the amount of $3,840,000 for a five (5) year term. 12)
CONSIDERATION OF MOVE WC - UBER SERVICE AREA
It is recommended that the City Council:
Approve including travel to and from Metrolink Stations in Baldwin Park and Covina, as well as Metro A (Blue) Rail Line Stations in Irwindale and Azusa, in the service area of the Move WC Program.
Authorize the Acting City Manager to execute amendments to the Uber Central Agreement and Uber Vouchers for Transit Agencies Agreement to reflect the revisions to the service area, in substantially the form as attached an in such final form as approved by the City Attorney. 13)
CONSIDERATION OF RATIFICATION OF AMENDMENT TO SUBAWARD AGREEMENT WITH COUNTY OF LOS ANGELES AGING AND DISABILITIES DEPARTMENT FOR
OLDER AMERICANS ACT FUNDS FOR THE SENIOR MEALS PROGRAM
It is recommended that the City Council take the following actions:
Ratify Amendment Eleven to Elderly Nutrition Program (ENP) Subaward Number ENP202111 with the County of Los Angeles through its Aging and Disabilities Department and approve the acceptance of Older Americans Act Funds through the subaward; and Authorize the City Manager to negotiate and execute agreements and approve purchase orders for meals from vendors on the County's list of approved caterers. 14)
APPROVAL OF PURCHASE ORDER FOR FORD FLEET CARE
It is recommended that the City Council:
Authorize the Acting City Manager to issue a purchase order to Ford Fleet Care utilizing the Sourcewell Cooperative Purchasing Agreement for Fiscal Year 2023-2024.
Authorize the Acting City Manager to execute any purchase order change orders within the FY2023-24 budget for Fund 365, Fleet Management.
END OF CONSENT CALENDAR
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
September 19, 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.