10-06-2020 - Regular Session AgendaCITY OF WEST COVINA
CITY COUNCIL/SUCCESSOR AGENCY
OCTOBER 6, 2020, 7:00 PM
REGULAR MEETING
CITY HALL COUNCIL CHAMBERS
1444 W. GARVEY AVENUE SOUTH
WEST COVINA, CALIFORNIA 91790
Mayor Tony Wu
Mayor Pro Tern Letty Lopez-Viado
Councilman Dario Castellanos
Councilman Lloyd Johnson
Councilmember Jessica C. Shewmaker
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On
March 17, 2020, Governor Newsom issued Executive Order N-29-20, suspending certain requirements of the Brown Act
relating to the conduct of public meetings. Pursuant to the Executive Orders, Council Members may attend City Council
meetings telephonically and the City Council is not required to make available a physical location from which members of the
public may observe the meeting and offer public comment.
On June 18, 2020, the California Department of Public Health issued guidance mandating that people in California wear cloth
face coverings in specified circumstances, including when they are inside, or in line to enter, any indoor public space.
Due to the ongoing COVID-19 emergency and pursuant to State and County public health directives, the City Council Chambers
will have imited seating available on a first -come, first -served basis for members of the public to attend and participate in the
City Council meeting in person. All persons attending the meeting are required to wear cloth face coverings and observe social
distancing protocols.
Members of the public may also watch City Council the meeting live on the City's website
at: httns://www.westcovina.org/denartments/city-clerk/agendas-and-meetings/current-meetings-and-agendas under the "Watch
Live" tab or through the West Covina City YouTube channel atwww.westcovina.or /Ly I V E.
If you are experiencing symptoms such as fever or chills, cough, shortness of breath or difficulty breathing, fatigue, or sore
throat, the City requests that you participate in the meeting from home by watching the meeting live via the links set forth above.
REMOTE PUBLIC PARTICIPATION: In lieu of attending the meeting in person, members of the public can submit public
comments via email or address the City Council by telephone using the methods described below.
EMAILED PUBLIC COMMENT. Members of the public can submit public comments to the City Clerk via e-mail
at City—Clerk@westcovina.org. The subject line should specify either "Oral Communications or Public Hearing — 10/06/2020".
Please include your full name and address in your e-mail. All emails received by 4:00 P.M. on the day of the Council meeting
will be posted to the City's website under "Current Meetings and Agendas" and provided to the City Council prior to the
meeting. No comments will be read out loud during the meeting. All comments received by the start of the meeting will be
made part of the official public record of the meeting.
TELEPHONIC ACCESSIBILITY. Members of the public that wish to address the Council by telephone during Oral
Communications or a public hearing may contact the City Clerk by email City_Clerk@westcovina.org or by telephone (626)
939-8433 by 5:30 P.M. on the day of the Council meeting for instructions regarding addressing the City Council by telephone
during the meeting.
Please tum offal[ 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
detername 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.weswovina.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, dining 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
(Per WCMC 2-48, Ordinance N. 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
testimony or comments regarding a matter set for a Public Hearing will be heard during the hearing.
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 OCTOBER 6, 2020, 7:00 PM
REGULAR MEETING
INVOCATION
Led by Pastor Jillian Lutes from West Covina Hills Seventh-Day Adventist Church
PLEDGE OF ALLEGIANCE
Led by Mayor Pro Tem Lopez-Viado
ROLL CALL
REPORTING OUT FROM CLOSED SESSION
PRESENTATIONS
• Senator Ling Ling Chang Certificate Presentation for Friendship City Tainan, Taiwan
• Certificate of Recognition Islands Restaurant meals dotation to the Senior Meals Program
• Certificate of Recognition Sprouts Farmers Market meals donation to the Senior Meals Program
• Proclamation — National Breast Cancer Awareness Month of October
• Proclamation — Domestic Violence Awareness Month of October
ORAL COMMUNICATIONS - Five (5) minutes per sneaker
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 CouncillCommunity Development Commission request peck items to be removed from the Consent
Calendarfor separate discussion or action.
APPROVAL OF MEETING MINUTES
SEPTEMBER 15, 2020 CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING
MINUTES
SEPTEMBER 15, 2020 CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING
MINUTES
It is recommended that the City Council approve the September 15, 2020, Closed Session Meeting Minutes, and the
September 15, 2020.
COMMISSION SUMMARY OF ACTIONS
Summary of Actions for the Community and Senior Services Commission Meeting Minutes for the March 10,
2020 meeting.
It is recommended that the City Council receive and file the Summary of Actions for the Regular Community and
Senior Services Commission Meeting of March 10, 2020.
INVESTMENT REPORT
INVESTMENT REPORT FOR THE MONTH ENDED AUGUST 31, 2020
It is recommended that the City Council receive and file the Investment Report for the month ended August 31,
2020.
CITY CLERK'S OFFICE
BIENNIAL REVIEW OF THE CONFLICT OF INTEREST CODE AS REQUIRED BY THE POLITICAL
REFORM ACT
It is recommended that the City Council receive and file the 2020 Local Agency Biennial Notice.
CITY MANAGER'S OFFICE
CONSIDERATION OF RESOLUTION NO. 2020-101 EXTENDING THE LOCAL EMERGENCY
DECLARATION
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2020-101- 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
AND SEPTEMBER 15, 2020.
COMMUNITY DEVELOPMENT
CONSIDERATION OF ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE ORANGE AVENUE
CATCH BASIN INSTALLATION PROJECT (PROJECT NO.19027)
It is recommended that the City Council take the following actions:
1. Accept project completion for the Orange Avenue Catch Basin Installation project (Project No. 19027) as
performed by GRBCON, Inc. with a final contract amount of $73,235; and
2. Authorize the recordation of Notice of Completion with the Los Angeles County Recorder and the release of
retention funds 35 days thereafter.
FINANCE DEPARTMENT
PROPOSITION A EXCHANGE - FOOTHILL TRANSIT
It is recommended that the City Council approve the Proposition A Local Return Fund Exchange with Foothill
Transit and authorize the City Manager to negotiate and execute the Assignment Agreement (Attachment No. 1).
FIRE DEPARTMENT
CONSIDERATION OF THREE PROFESSIONAL SERVICE AGREEMENTS FOR FIRE PREVENTION
PLAN CHECK SERVICES
It is recommended that the City Council take the following actions:
1. Approve, by a majority vote of the entire City Council, dispensing with formal bidding procedures and
requirements in connection with the procurement of plan check services by finding that it would be
impracticable and 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.
2. Authorize the City Manager to negotiate and execute a Professional Services Agreement with Susan
Privitera-Johnson dba KJ Consultants for Fire Prevention plan check and inspection services, for a term of
three (3) years, with the option to extend the agreement for two (2) additional years, in an annual amount
not -to -exceed $30,000.
3. Authorize the City Manager to negotiate and execute a Professional Services Agreement with MAK Fire
Protection Engineering and Consulting, Inc. for Fire Prevention plan check services, for a term of three (3)
years, with the option to extend the agreement for two (2) additional years, in an annual amount not -to -exceed
$15,000.
4. Authorize the City Manager to negotiate and execute a Professional Services Agreement with PE Consulting
Group, for Fire Prevention plan check services, for a term of three (3) years, with the option to extend the
agreement for two (2) additional years, in an annual amount not -to -exceed $15,000.
5. Authorize the City Manager to negotiate and execute future amendments to the agreements.
HUMAN RESOURCES/RISK MANAGEMENT
CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST
COVINA MAINTENANCE AND CRAFTS EMPLOYEES' ASSOCIATION
It is recommended that the City Council adopt the following Resolution:
RESOLUTION NO. 2020-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE
CITY AND THE WEST COVINA MAINTENANCE AND CRAFTS EMPLOYEES' ASSOCIATION
REPRESENTED BY CITY EMPLOYEES ASSOCIATES (CEA)
10) CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST
COVINA GENERAL EMPLOYEES' ASSOCIATION
It is recommended that the City Council adopt the following Resolution:
RESOLUTION NO.2020-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE
CITY AND THE WEST COVINA GENERAL EMPLOYEES' ASSOCIATION (WCGEA)
REPRESENTED BY CITY EMPLOYEES ASSOCIATES (CEA)
11) CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST
COVINA CONFIDENTIAL EMPLOYEES' ASSOCIATION (WCCEA)
It is recommended that the City Council adopt the following Resolution:
RESOLUTION NO. 2020-81- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE
CITY AND THE WEST COVINA CONFIDENTIAL EMPLOYEES' ASSOCIATION (WCCEA)
REPRESENTED BY CITY EMPLOYEES ASSOCIATES (CEA)
12) CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST
COVINA MIDDLE MANAGEMENT EMPLOYEES' ASSOCIATION
It is recommended that the City Council adopt the following Resolution:
RESOLUTION NO. 2020-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE
CITY AND THE WEST COVINA MIDDLE MANAGEMENT EMPLOYEES' ASSOCIATION
(WCMMEA) REPRESENTED BY CITY EMPLOYEES ASSOCIATES (CEA)
13) CONSIDERATION OF GOVERNMENT TORT CLAIMS
It is recommended that the City Council deny the following Government Tort Claims and the claimants to be
notified:
1. Ian Torres vs. City of West Covina
2. Sandra Ip vs. City of West Covina
3. Shadow Oaks Villas vs. City of West Covina
PUBLIC SERVICES
14) CONSIDERATION OF AGREEMENT WITH BETTER 4 YOU MEALS FOR THE SENIOR MEALS
PROGRAM
It is recommended that the City Council:
1. Ratify the agreement between the City of West Covina and Better 4 You Breakfast, Inc. dba Better 4 You
Meals to provide frozen meals for the senior nutrition program;
2. Authorize the City Manager to negotiate and execute future extensions to the agreement, provided that the
total compensation under the agreement and any extensions does not exceed $518,000; and
3. Adopt the following Resolution:
RESOLUTION NO.2020-100 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL
YEAR COMMENCING JULY 1, 2020 AND ENDING JUNE 30, 2021 (CARES ACT)
15) SUBAWARD AGREEMENT WITH LOS ANGELES COUNTY WORKFORCE DEVELOPMENT, AGING
AND COMMUNITY SERVICES FOR OLDER AMERICANS ACT FUNDS FOR THE SENIOR MEALS
PROGRAM
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2020-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AUTHORIZING A SUBAWARD AGREEMENT WITH LOS
ANGELES COUNTY WORKFORCE DEVELOPMENT, AGING AND COMMUNITY
SERVICES FOR OLDER AMERICANS ACT FUNDS AND AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE THE SUBAWARD AGREEMENT AND
RELATED DOCUMENTS
HEARINGS
PUBLIC HEARINGS
16) CONSIDERATION OF APPROVAL OF AGREEMENTS FOR ENERGY SYSTEMS UPGRADES
PROJECT
It is recommended that the City Council take the following actions:
1. Conduct the public hearing.
2. At the conclusion of the public hearing, adopt the following resolution:
RESOLUTION NO.2020-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF AN
INSTALLATION AGREEMENT AND RELATED MEASUREMENT AND VERIFICATION
AGREEMENT AND SOLAR POWER PURCHASE AGREEMENTS AND SOLAR ENERGY
SYSTEM LEASE AGREEMENTS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE A FINANCING AGREEMENT, AND MAKING FINDINGS REQUIRED BY
GOVERNMENT CODE SECTION 4217.10 ET SEQ. IN CONNECTION WITH THE CITY'S
ENERGY SYSTEMS UPGRADES PROJECT
3. Authorize the City Manager to negotiate and execute any amendments to the agreements authorized by the
Resolution.
MAYOR/COUNCILMEMBERS REPORTS
AB 1234 Conference and Meeting Report (verbal, if any)
(In accordance with AB 1234, Councilmembers shall make a briefreport 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 beplaced 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.)
17) REQUEST FOR CONSIDERATION FROM MAYOR PRO TEM LOPEZ-VIADO REQUESTING STAFF
TO RESEARCH AND PROVIDE A RECOMMENDATION REGARDING "CALIFORNIA CITIZENS
FOR LOCAL CONTROL" INITIATIVE
It is recommended that the City Council provide direction to staff.
CITY COUNCIL COMMENTS
F.\1111411 wlaIDie
Next Tentative City Council Meeting
Regular Meeting October 20. 2020 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.
a 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.
b The city council may establish a limit on the duration of oral communications.
C. 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 pertained 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.
d 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.
a 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.
b 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:
a Addressing the Mayor and City Council without fast being recognized.
b Persisting in addressing a subject or subjects, other than that before the Mayor and City Council.
C. Repetitiously addressing the same subject.
d Failing to relinquish the podium when directed to do so.
e From the audience, interrupting or attempting to interrupt, a speaker, the Mayor, a council member, or a staff member or shouting or attempting
10 shout over a speaker, the Mayor, a council member or a staff member.
I. As a speaker, interrupting or attempting to interrupt the Mayor, a council member, or a staff member, or shouting over or attempting to about
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) (I) 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 countyjail 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.
AGENDA ITEM NO.1
AGENDA STAFF REPORT
xON City of West Covina I Office of the City Manager
DATE: October 6, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: SEPTEMBER 15, 2020 CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING
MINUTES
SEPTEMBER 15, 2020 CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING
MINUTES
RECOMMENDATION:
It is recommended that the City Council approve the September 15, 2020, Closed Session Meeting Minutes, and the
September 15, 2020.
DISCUSSION:
That the City Council adopt the attached minutes.
Prepared by: Lisa Sherrick, Assistant City Clerk
Attachments
Attachment No. 1 - 09-15-2020 Regular Closed Session Meeting Minutes Draft
Attachment No. 2 - 09-15-2020 Regular Session Minutes Draft
AGENDA ITEM NO.2
AGENDA STAFF REPORT
xON City of West Covina I Office of the City Manager
DATE: October 6, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: Summary of Actions for the Community and Senior Services Commission Meeting Minutes for the March
10, 2020 meeting.
RECOMMENDATION:
It is recommended that the City Council receive and file the Summary of Actions for the Regular Community and Senior
Services Commission Meeting of March 10, 2020.
DISCUSSION:
That the City Council adopt the attached minutes.
Prepared by: Deborah Johnston, Administrative Assistant II
Attachments
Attachment No. 1 - Summary of Actions for Minutes of the Community and Senior Services Commission Meeting on March
10, 2020.
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Programs and Activities
AGENDA ITEM NO.3
AGENDA STAFF REPORT
XON City of West Covina I Office of the City Manager
DATE: October 6, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: INVESTMENT REPORT FOR THE MONTH ENDED AUGUST 31, 2020
RECOMMENDATION:
It is recommended that the City Council receive and file the Investment Report for the month ended August 31, 2020.
BACKGROUND:
California Government Code Section 53646 requires that cities report detailed information on all securities, investments, and
monies of the City and to report the market value of the investments held. California Government Code Section 53601 and
the City's Investment Policy define the types of investments allowed. The City's Investment Policy was last revised and
adopted by the City Council on July 2, 2019. The City's Investment Policy has set primary goals of the portfolio
management of safety, liquidity and yield.
Bond reserves are held and invested by a Trustee. The investment of these funds is governed by an investment policy
approved by the City Council as a part of the governing documents for each specific bond issue.
DISCUSSION:
The Investment Report (Attachment No. 1) presents the City's and the Successor Agency's cash and investments for the
month ended August 31, 2020. This report is in compliance with California Government Code Section 53646 regarding the
reporting of detailed information on all securities, investments, and monies of the City, as well as, reporting of the market
value of the investments held. All the investments contained within the portfolio are in full compliance with Government
Code Section 53601 and the City's Investment Policy as to the types of investments allowed. As stated in the attached report,
there are sufficient funds to meet the budgeted expenditures over the next six months. The City's surplus funds are deposited
with the Los Angeles County Investment Pool (LACIP), the Local Agency Investment Fund (LAIF) and Chandler Asset
Management (Attachment No. 2).
At August 31, 2020, the investment portfolio had a market value of $78,423,600 and the bond reserves had a market value of
$6,833,411.
Prepared by: Robbeyn Bird, Finance Director
Additional Approval: David Carmany, City Manager
Attachments
Attachment No. 1 - Investment Report
Attachment No. 2 - Chandler Report
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability
Enhance City Programs and Activities
AGENDA ITEM NO.4
AGENDA STAFF REPORT
XON City of West Covina I Office of the City Manager
DATE: October 6, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: BIENNIAL REVIEW OF THE CONFLICT OF INTEREST CODE AS REQUIRED BY THE
POLITICAL REFORM ACT
RECOMMENDATION:
It is recommended that the City Council receive and file the 2020 Local Agency Biennial Notice.
BACKGROUND:
The Political Reform Act requires every local government agency to adopt a conflict of interest code and to review its conflict
of interest code biennially. A conflict of interest code tells public officials, governmental employees, and consultants what
financial interests they must disclose on their Statement of Economic Interests (Form 700). 2020 is designated as a "code
review" year.
Staff has reviewed the City's Conflict of Interest Code (the "Code") and determined that amendments are needed. The purpose
of the attached Local Agency Biennial Notice is to inform the City Council that the Code requires amendments and outline
which amendments are needed. Staff will bring the amended Code for City Council consideration at a later date.
DISCUSSION:
Every local agency in California is required to review its conflict of interest code biennially. Due to recent reorganization
several of the positions and titles referenced in the current conflict of interest code no longer exist. The new code will reflect
the new positions and titles.
Prepared by: Lisa Sherrick, Assistant City Clerk
FISCAL IMPACT:
None.
Fiscal Impact
Attachments
Attachment No. 1 - 2020 Local Agency Biennial Notice
CITY COUNCIL GOALS & OBJECTIVES: Enhance the City Image and Effectiveness
AGENDA ITEM NO.5
AGENDA STAFF REPORT
XON City of West Covina I Office of the City Manager
DATE: October 6, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF RESOLUTION NO. 2020-101 EXTENDING THE LOCAL EMERGENCY
DECLARATION
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO.2020-101 - 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 AND SEPTEMBER 15, 2020.
BACKGROUND:
On March 17, 2020, the City Council adopted Resolution 2020-19, ratifying Proclamation 2020-01 declaring existence of a
local emergency, which was issued by the City Manager acting in the capacity of Director of Emergency Services. The local
emergency is due to the novel coronavirus (COVID-19) pandemic. Following adoption of the resolution, the City Council
needs to review and reevaluate the need for continuing the local emergency at least once every thirty (30) days in
conformance with Section 8-7(a)(2) of the West Covina Municipal Code (WCMC). The City Council previously continued
the local emergency on April 7, 2020, May 5, 2020, June 2, 2020, June 23, 2020, July 21, 2020, August 18, 2020 and
September 15, 2020.
DISCUSSION:
The City Manager acting in the capacity of Director of Emergency Services has mobilized appropriate staff and other
resources on a daily basis to address the COVID-19 pandemic. Staff at all levels of the organization have been engaged in the
response.
As of September 27, 2020, there were 32,730,945 confirmed cases of COVID-19 globally. On September 27, 2020,
California reported that, as of September 26, 2020, there were 802,308 confirmed cases in California. As of September 26,
2020, there were 267,801 confirmed cases in Los Angeles County, including 2,878 confirmed cases in the City of West
Covina according to the Los Angeles County Department of Public Health. Health officials expect the number of cases in
California, the United States and worldwide to increase. It is essential that the City continue to provide basic services and
provide for continuity of services over the long-term. Staff is requesting that the City Council continue the local emergency.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
OPTIONS:
The options available to the City Council are as follows:
1. Adopt the resolution as submitted.
2. Determine the local emergency has ceased.
3. Provide alternative direction.
Prepared by: Mark Persico, Assistant City Manager
Attachments
Attachment No. 1 - Resolution No. 2020-101
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability
Enhance Public Safety
AGENDA ITEM NO.6
AGENDA STAFF REPORT
XON City of West Covina I Office of the City Manager
DATE: October 6, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR
THE ORANGE AVENUE CATCH BASIN INSTALLATION PROJECT (PROJECT NO.19027)
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Accept project completion for the Orange Avenue Catch Basin Installation project (Project No. 19027) as performed by
GRBCON, Inc. with a final contract amount of $73,235; and
2. Authorize the recordation of Notice of Completion with the Los Angeles County Recorder and the release of retention
funds 35 days thereafter.
DISCUSSION:
On April 7, 2020, the City Council awarded a contract to GRBCON, Inc. in the amount of $73,235 for the construction of a
storm drain catch basin located at Orangewood Elementary School at the Orange Avenue and Dumess Street intersection.
The completed work included the reconstruction of a concrete pedestrian ramp, curb and gutter, and crosswalk striping.
The City Council also authorized the City Manager to approve change orders in an amount not to exceed $10,985.25 (15% of
awarded contract) for unanticipated project costs.
All required improvements were constructed in conformance with the approved plans and specifications. The project was
substantially completed on June 24, 2020, within the project schedule and approved contract amount of $73,235. The City
Council's acceptance of the project during the public meeting and recordation of the Notice of Completion notifies all
subcontractors and material suppliers that retention will be released after 35 days. This provides sufficient time for the
subcontractors or material suppliers to file a claim for payment if they have not been paid by the general contractor. The City
retains five percent (5%) of each payment to the contractor as retention to ensure payment to subcontractors and material
suppliers before final payment to the contractor.
OPTIONS:
The City Council has the following options:
1. Approve staffs recommendation; or
2. Provide alternative direction.
Prepared by: Okan Demirci, PE, CIP Manager
Fiscal Impact
FISCAL IMPACT:
The following table shows the total budget approved with funds coming from Measure M (19027.235.7200) and the actual
cost for this project:
No. Item Approved Budget Actual Costs
Construction Contract $73,235.00 $73,235.00
72.11 Contingency (15%) 10,985.25 0.00
Total $84,220.25 $73,235.00
CITY COUNCIL GOALS & OBJECTIVES: Enhance the City Image and Effectiveness
Enhance Public Safety
Enhance City Programs and Activities
AGENDA ITEM NO.7
AGENDA STAFF REPORT
XON City of West Covina I Office of the City Manager
DATE:
October 6, 2020
TO:
Mayor and City Council
FROM:
David Carmany
City Manager
SUBJECT:
PROPOSITION A EXCHANGE - FOOTHILL TRANSIT
RECOMMENDATION:
It is recommended that the City Council approve the Proposition A Local Return Fund Exchange with Foothill Transit and
authorize the City Manager to negotiate and execute the Assignment Agreement (Attachment No. 1).
BACKGROUND:
Under Proposition (Prop) A, the City receives a portion of the VY cent sales tax levied in Los Angeles County to develop and
improve local public transit, pamtransit and related transportation infrastructure. At this time, the City does not have any
projects to utilize these funds. The City is in the practice of selling these restricted transportation Prop A dollars to other cities
or special districts in exchange for non -restricted General Fund dollars to assist with balancing the budget. These exchanges
are allowed under the guidelines for this revenue source and provide benefits for both parties. The buyer gets discounted
transportation dollars and West Covina receives additional General Fund dollars. For Fiscal Year 2020-21 there are
approximately $1.8 million available, which could be sold to another city or transit provider.
DISCUSSION:
In Fiscal Year 2019-20, the City exchanged $2.2 million in Prop A funds with Foothill Transit at seventy-five cents on the
dollar. City staff contacted Foothill Transit again this year to negotiate a Prop A exchange of up to $2.2 million at
seventy-five cents on the dollar. Due to the pandemic, an updated estimate of revenues for Prop A was solicited and indicated
that the City would only receive approximately $1.9 million. It was determined that $1.8 million dollars was available to sell.
Foothill Transit agreed to purchase the $1.8 million at seventy-five cents on the dollar. The exchange rate is a matter of supply
and demand. According to the Los Angeles County Metropolitan Transportation Authority, the exchange rate has been at
seventy to seventy-five cents on the dollar for the last eighteen years.
LEGAL REVIEW:
The City Attorney's Office has reviewed the agreement and approved it as to form.
OPTIONS:
The City Council has the following options:
1) Approve staffs recommendation; or
2) Provide alternative direction.
Fiscal Impact
FISCAL IMPACT:
The Assignment Agreement for the Prop A exchange with Foothill Transit will generate $1,350,000 in General Fund
revenue.
Attachments
Attachment No. 1 - Assignment Agreement Foothill Transit
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability
AGENDA ITEM NO.8
AGENDA STAFF REPORT
XON City of West Covina I Office of the City Manager
DATE: October 6, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF THREE PROFESSIONAL SERVICE AGREEMENTS FOR FIRE
PREVENTION PLAN CHECK SERVICES
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve, by a majority vote of the entire City Council, dispensing with formal bidding procedures and requirements in
connection with the procurement of plan check services by finding that it would be impracticable and 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.
2. Authorize the City Manager to negotiate and execute a Professional Services Agreement with Susan Privitera-Johnson
dba KJ Consultants for Fire Prevention plan check and inspection services, for a term of three (3) years, with the option
to extend the agreement for two (2) additional years, in an annual amount not -to -exceed $30,000.
3. Authorize the City Manager to negotiate and execute a Professional Services Agreement with MAK Fire Protection
Engineering and Consulting, Inc. for Fire Prevention plan check services, for a term of three (3) years, with the option
to extend the agreement for two (2) additional years, in an annual amount not -to -exceed $15,000.
4. Authorize the City Manager to negotiate and execute a Professional Services Agreement with PE Consulting Group, for
Fire Prevention plan check services, for a term of three (3) years, with the option to extend the agreement for two (2)
additional years, in an annual amount not -to -exceed $15,000.
5. Authorize the City Manager to negotiate and execute future amendments to the agreements.
BACKGROUND:
The Fire Prevention Bureau of the Fire Department conducts plan check services for all construction projects within the City.
Projects are reviewed to ensure compliance with the California Fire Code, California Building Code, and California Health &
Safety Code. Due to reduction in staffing in the Fire Prevention Bureau, the City hires consultants to provide plan check
services for submitted construction projects. This has resulted in savings to the City by having consultants, paid by permit
fees, to review plans rather than hiring full-time staff to review plans.
In July 2015, the Fire Department solicited proposals from six consulting firms to provide plan check services. At the August
13, 2015 City Council meeting, the City awarded contracts to MAK Fire Protection Engineering and Consulting, Inc. (MAK
Fire Protection) and PE Consulting Group (PE Consulting) to provide plan check services. The agreements provided that the
compensation for each consultant would not exceed $30,000 per year and for an initial term of three years, ending on June 30,
2018. The agreements were each extended through June 30, 2020. On occasion, MAK Fire Protection and PE Consulting
were overburdened with plan check reviews, therefore, causing turnaround times of plan checks to be delayed.
DISCUSSION:
To ensure a reliable service delivery model for submitted construction projects, the Fire Prevention Bureau previously
contracted with two consultants, MAK Fire Protection and PE Consulting, to provide plan check services. However, as noted
above, MAK Fire Protection and PE Consulting have at times been overburdened with plan check reviews, which resulted in
delays in turnaround times. To address this issue, staff solicited a proposal from a third consultant, KJ Consultants. Staff
believes that having three consultants available will result in faster turnaround times.
The annual cost amount for each consultant for plan check services is hard to predict as the workload is determined by the
number of submitted construction projects per year. For reference purposes, listed below is the cost amount associated with
MAK Fire Protection and PE Consulting over the last five years.
Vendor
IFY 15-16
FY 16-17
FY 17-18
IFY 18-19
IFY 19-20
MAK Fire Protection
1$16,110
1$33,720
1$10,380
1$18,240
1$22,360
PE Consulting
1$26,522
1$20,660
1$12,960
1$16,590
1$24,810
As shown above, the annual cost varied. However, 100% of the consultant costs were charged to the applicant. The
decreased cost amount with each consultant is attributed to a part-time staff member taking on the responsibility of
performing plan check services in-house for a limited term. That staff member left the Fire Department in June 2019.
Based on the information presented, the Fire Department recommends executing agreements with three consultants; Susan
Privitera-Johnson dba KJ Consultants, MAK Fire Protection, and PE Consulting.
LEGAL REVIEW:
The City Attorney's Office has reviewed the agreements and approved them as to form.
OPTIONS:
The City Council has the following options
1. Approve Staffs recommendation; or
2. Provide alternative direction.
Prepared by: Vincent A. Capelle, Fire Chief
Additional Approval: Thomas P. Duarte, City Attorney
Additional Approval: Robbeyn Bird, Finance Director
Fiscal Impact
FISCAL IMPACT:
There is no fiscal impact on the general fund. Cost for services are allocated out of the Fire Departments Fire Prevention,
Professional Services Account No. 110.32.3230.6110. Expenditures are directly offset by revenues obtained. Revenues are
reflected in Fire Department Fire Prevention Revenue Account No. 110.32.3230.4630.
Attachments
Attachment No. 1 - Agreement with Susan Privitera-Johnson dba KJ Consultants
Attachment No. 2 - Agreement with MAK Fire Protection Engineering and Consulting, Inc.
Attachment No. 3 - Agreement with PE Consulting Group
CITY COUNCIL GOALS & OBJECTIVES: Enhance Public Safety
AGENDA ITEM NO.9
AGENDA STAFF REPORT
XON City of West Covina I Office of the City Manager
DATE: October 6, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST
COVINA MAINTENANCE AND CRAFTS EMPLOYEES' ASSOCIATION
RECOMMENDATION:
It is recommended that the City Council adopt the following Resolution:
RESOLUTION NO.2020-79 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND
THE WEST COVINA MAINTENANCE AND CRAFTS EMPLOYEES' ASSOCIATION REPRESENTED BY
CITY EMPLOYEES ASSOCIATES (CEA)
BACKGROUND:
The West Covina Maintenance and Crafts Employees' Association represented by City Employees' Association
(CEA) Memorandum of Understanding expired on June 30, 2019. The City and the West Covina Maintenance and Crafts
Employees' Association met and conferred on eleven (11) occasions and have reached a side letter of agreement.
DISCUSSION:
The City and the West Covina Maintenance and Crafts Employees' Association (WCMCEA) represented by CEA have
memorialized a side letter of agreement. The terms and conditions agreed upon address personnel -related cost -saving
measures immediately needed as a result of the City's dire financial condition, as declared on May 19, 2020. The terms and
conditions agreed upon were ratified by the employee group and such cost -savings measures include the suspension of certain
employment benefits for 6 months following City Council ratification.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
Prepared by: Helen Tran, HRBisk Management Director
Fiscal Impact
FISCAL IMPACT:
Anticipated savings is approximately $25,200 of benefits reduction suspended for a period of 6 months.
Attachments
Attachment No. 1 - Resolution 2020-79 (MCEA)
Attachment No. 1 - Exhibit A - WCMCEA Side Letter Agreement Signed
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability
AGENDA ITEM NO.10
AGENDA STAFF REPORT
XON City of West Covina I Office of the City Manager
DATE: October 6, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST
COVINA GENERAL EMPLOYEES' ASSOCIATION
RECOMMENDATION:
It is recommended that the City Council adopt the following Resolution:
RESOLUTION NO.2020-80 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND
THE WEST COVINA GENERAL EMPLOYEES' ASSOCIATION (WCGEA) REPRESENTED BY CITY
EMPLOYEES ASSOCIATES (CEA)
BACKGROUND:
The West Covina General Employees' Association (WCGEA) represented by City Employees' Association
(CEA) Memorandum of Understanding expired on June 30, 2019. The City and WCGEA representatives met and conferred
on eleven (11) occasions and have reached a side letter of agreement.
DISCUSSION:
The City and the West Covina General Employees' Association (WCGEA) represented by CEA have memorialized a side
letter of agreement. The terms and conditions agreed upon address personnel -related cost -saving measures immediately
needed as a result of the City's dire financial condition, as declared on May 19, 2020. The terms and conditions agreed upon
were ratified by the employee group and such cost -savings measures include the suspension of certain employment
benefits for 6 months following City Council ratification.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
Prepared by: Helen Tran, HRBisk Management Director
Fiscal Impact
FISCAL IMPACT:
Anticipated savings is approximately $46,000 of benefits reduction suspended for a period of 6 months.
Attachments
Attachment No. 1 - Resolution 2020-80 (WCGEA)
Attachment No. 1 - Exhibit A - WCGEA Side Letter Agreement SIGNED
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability
AGENDA ITEM NO.11
AGENDA STAFF REPORT
XON City of West Covina I Office of the City Manager
DATE: October 6, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST
COVINA CONFIDENTIAL EMPLOYEES' ASSOCIATION (WCCEA)
RECOMMENDATION:
It is recommended that the City Council adopt the following Resolution:
RESOLUTION NO.2020-81 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND
THE WEST COVINA CONFIDENTIAL EMPLOYEES' ASSOCIATION (WCCEA) REPRESENTED BY
CITY EMPLOYEES ASSOCIATES (CEA)
BACKGROUND:
The West Covina Confidential Employees' Association (WCCEA) represented by City Employees' Associates
(CEA) Memorandum of Understanding expired on June 30, 2019. The City and the West Covina Confidential Employees'
Association met and conferred on twelve (12) occasions and have reached a side letter of agreement.
DISCUSSION:
The City and the West Covina Confidential Employees' Association (WCCEA) represented by CEA have memorialized a
side letter of agreement. The terms and conditions agreed upon address personnel -related cost -savings measures immediately
needed as a result of the City's dire financial condition, as declared on May 19, 2020. The terms and conditions agreed upon
were ratified by the employee group and such cost -savings measures include the suspension of certain employment benefits
for 6 months following City Council ratification.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
Prepared by: Helen Tran, HRBisk Management Director
Fiscal Impact
FISCAL IMPACT:
Anticipated savings is approximately $39,000 of benefits reduction suspended for a period of 6 months.
Attachments
Attachment No. 1 - Resolution 2020-81 (WCCEA)
Attachment No. 1 - Exhibit A - WCCEA Side Letter Agreement SIGNED
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability
AGENDA ITEM NO.12
AGENDA STAFF REPORT
XON City of West Covina I Office of the City Manager
DATE: October 6, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST
COVINA MIDDLE MANAGEMENT EMPLOYEES' ASSOCIATION
RECOMMENDATION:
It is recommended that the City Council adopt the following Resolution:
RESOLUTION NO.2020-82 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND
THE WEST COVINA MIDDLE MANAGEMENT EMPLOYEES' ASSOCIATION (WCMMEA)
REPRESENTED BY CITY EMPLOYEES ASSOCIATES (CEA)
BACKGROUND:
The West Covina Middle Management Employees' Association (WCMMEA) represented by City Employees' Associates
(CEA) Memorandum of Understanding expired on June 30, 2019. The City and the West Covina Middle Management
Employees' Association met and conferred on eleven (11) occasions and have reached a side letter of agreement.
DISCUSSION:
The City and the West Covina Middle Management Employees' Association (WCMMEA) represented by CEA have
memorialized a side letter of agreement. The terms and conditions agreed upon address personnel -related cost -savings
measures immediately needed as a result of the City's dire financial condition, as declared on May 19,
2020. The terms and conditions agreed upon were ratified by the employee group and such cost -savings measures
include the suspension of certain employment benefits for 6 months following City Council ratification.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
Prepared by: Helen Tran, HRBisk Management Director
Fiscal Impact
FISCAL IMPACT:
Anticipated savings is approximately $76,000 of benefits reduction suspended for a period of 6 months.
Attachments
Attachment No. 1 - Resolution 2020-82 (WCMMEA)
Attachment No. 1 - Exhibit A - WCMMEA Side Letter Agreement SIGNED
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability
AGENDA ITEM NO.13
AGENDA STAFF REPORT
xON City of West Covina I Office of the City Manager
DATE:
October 6, 2020
TO:
Mayor and City Council
FROM:
David Carmany
City Manager
SUBJECT:
CONSIDERATION OF GOVERNMENT TORT CLAIMS
RECOMMENDATION:
It is recommended that the City Council deny the following Government Tort Claims and the claimants to be notified:
1. Ian Torres vs. City of West Covina
2. Sandra Ip vs. City of West Covina
3. Shadow Oaks Villas vs. City of West Covina
BACKGROUND:
The Tort Claims Act governs the filing of claims against a government entity. The Tort Claims Act is found in Division 3.6
of the California Government Code, Govt. Code §§ 810 et seq. Typically, one must first give written notice within six (6)
months of the injury or discovery of the injury before filing an actual lawsuit in a California Superior Court, giving the
governmental agency time to settle the claim.
DISCUSSION:
As all claims should be considered potential lawsuits, it is requested that all Councilmembers refrain from making specific
public comments so as not to prejudice any claim. Specific questions should be referred to the City Attorney.
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability
AGENDA ITEM NO.14
AGENDA STAFF REPORT
XON City of West Covina I Office of the City Manager
DATE: October 6, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF AGREEMENT WITH BETTER 4 YOU MEALS FOR THE SENIOR MEALS
PROGRAM
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify the agreement between the City of West Covina and Better 4 You Breakfast, Inc. dba Better 4 You Meals to
provide frozen meals for the senior nutrition program;
2. Authorize the City Manager to negotiate and execute future extensions to the agreement, provided that the total
compensation under the agreement and any extensions does not exceed $518,000; and
3. Adopt the following Resolution:
RESOLUTION NO. 2020-100 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING A BUDGET AMENDMENT FOR THE FISCAL YEAR
COMMENCING JULY 1, 2020 AND ENDING JUNE 30, 2021 (CARES ACT)
DISCUSSION:
Prior to the COVID-19 pandemic, the Cortez Park Community and Senior Center offered daily hot meals to seniors 60+ years
of age. On average, the Senior Center served an average of 150 meals per day. Once the City was required to close the Senior
Center due to the pandemic and the Safer at Home Orders issued by Los Angeles County, the Senior Center was converted to
an emergency meal program providing frozen meals both via drive-thru and home delivery for LA County residents.
When the program was converted to frozen meals, Los Angeles County provided Langlois Food as an approved contractor. As
the demand for service grew drastically, Langlois Food could no longer meet the City's needs. Better 4 You Meals was an
alternate vendor provided by the County. Better 4 You Meals is a sole source vendor that meets all nutritional guidelines as
well as being able to meet the City's weekly needs of providing approximately 2,800 meals per week.
Currently, the Seniors Meals Program is providing meals to approximately 300 seniors, Monday through Friday. Better 4 You
Meals provides the City the ability to increase the number of meals as the community needs. When the Safer at Home Order
is lifted, the Senior Center will return to normal operations, offering daily hot meals prepared by the City's Head Cook.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and the agreement and approved them as to form.
OPTIONS:
The City Council has the following options:
1. Approve Staffs recommendation or
2. Provide alternative direction.
Prepared by: Susie Perez
Additional Approval: Mark Persico
Fiscal Impact
FISCAL IMPACT:
In Fiscal Year 2020-2021, $72,000 is available in the approved budget for meals in the Public Services Department
between accounts 146.61.5186.6158 Los Angeles County Area Agency on Aging (AAA) and donations from private
donors and patrons utilizing the program and CDBG Fundl31.61.5121.6120 Community Development Block Grant
(CDBG).
Additional one-time funds have been approved from the Los Angeles County: CEO CARES Act Funds ($222,000 to be
expended by December 31, 2020) and CDA CARES Act Funds ($224,000 to be expended by June 30, 2021). The
attached budget amendment appropriates these funds. There are no General Funds used for the purchase of frozen food for
the Senior Center.
Due to the pandemic, and Safer At Home Orders it is estimated that the cost to continue frozen meal service through the
end of the fiscal year would be approximately $262,080.
Attachments
Attachment No. 1 - Resolution No. 2020-100
Attachment No. 2 - Exhibit A to Resolution No. 2020-100
Attachment No. 3 - Agreement with Better 4 You Meals
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Programs and Activities
AGENDA ITEM NO.15
AGENDA STAFF REPORT
XON City of West Covina I Office of the City Manager
DATE: October 6, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: SUBAWARD AGREEMENT WITH LOS ANGELES COUNTY WORKFORCE DEVELOPMENT,
AGING AND COMMUNITY SERVICES FOR OLDER AMERICANS ACT FUNDS FOR THE
SENIOR MEALS PROGRAM
RECOMMENDATION:
It is recommended that the City Council adopt the following resolution:
RESOLUTION NO. 2020-99 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AUTHORIZING A SUBAWARD AGREEMENT WITH LOS ANGELES
COUNTY WORKFORCE DEVELOPMENT, AGING AND COMMUNITY SERVICES FOR OLDER
AMERICANS ACT FUNDS AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE THE SUBAWARD AGREEMENT AND RELATED DOCUMENTS
BACKGROUND:
The Los Angeles County Workforce Development, Aging and Community Services, Area Agency on Aging (AAA), as part
of the Older Americans Act of 1965, a federally funded program, provides grant funds to cities with a required 12% match
paid by the cities. The City of West Covina has been using AAA grant funds since 1995 to provide nutritious hot lunches five
days per week at the Senior Center. Seniors over the age of 60 are eligible for the meal program and meals are provided on a
first -come first -served basis.
The City currently serves approximately 150 meals per day on average to local seniors. Using the AAA grant funds, the City
uses its own Head Cook and limited services support kitchen staff to prepare fresh meals for seniors daily. Senior volunteers
supplement the City staffing to ensure continuity of service.
DISCUSSION:
In order to provide ongoing services and maintain the current partnership with the County of Los Angeles, it is requested that
the City Council approve Resolution No. 2020-99. The resolution, which is required by the County, designates the City
Manager and Assistant City Manager as the City's Authorized Representatives for purposes of the subaward agreement with
the County, and authorizes the City Manager or the Assistant City Manager to execute the subaward agreement and any
future amendments to the subaward agreement, and to approve and accept subaward funds. Entering into the subward
agreement will allow the City to continue the unique and beneficial meal program to the seniors who reside in the City of
West Covina and its surrounding cities.
The initial term of the subaward is July 1, 2020 through June 30, 2021, with the option for the County to extend the term for
three additional years. The City's total allocation for Fiscal Year 2020-21 from AAA is $197,000. These funds will be used to
serve 38,000 senior meals to West Covina residents and non-residents for Fiscal Year 2020-21.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
Prepared by: Susie Perez
Fiscal Impact
FISCAL IMPACT:
The grant requires a 12% match, which amounts to $28,345.00. In addition to donations received by meal program patrons,
Community Development Block Grant funds were included in the approved Fiscal Year 2019-20 budget (Account No.
131.61.5121.6120) for Senior Services to be utilized for this match.
Attachments
Attachment No. 1 Resolution 2020-99 (AAA Grant)
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Programs and Activities
AGENDA ITEM NO.16
AGENDA STAFF REPORT
XON City of West Covina I Office of the City Manager
DATE: October 6, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF APPROVAL OF AGREEMENTS FOR ENERGY SYSTEMS UPGRADES
PROJECT
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Conduct the public hearing.
2. At the conclusion of the public hearing, adopt the following resolution:
RESOLUTION NO. 2020-103 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLATION
AGREEMENT AND RELATED MEASUREMENT AND VERIFICATION AGREEMENT AND SOLAR
POWER PURCHASE AGREEMENTS AND SOLAR ENERGY SYSTEM LEASE AGREEMENTS,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FINANCING AGREEMENT,
AND MAKING FINDINGS REQUIRED BY GOVERNMENT CODE SECTION 4217.10 ET SEQ. IN
CONNECTION WITH THE CITY'S ENERGY SYSTEMS UPGRADES PROJECT
3. Authorize the City Manager to negotiate and execute any amendments to the agreements authorized by the Resolution.
BACKGROUND:
On June 3, 2020, staff issued a Request for Proposals (RFP) for Energy Efficiency Contracting Services.
The RFP included the below scope of services requested as part of the contract:
The selected firm will evaluate and propose applicable Energy Conservation Measures (ECM's) including but not limited to:
• Solar panel or alternative energy leasing or purchase options for all City buildings and parking structure.
• Heating ventilation and air conditioning (HVAC) system optimization, retrofit, upgrade or replacement.
• Interior and exterior lighting retrofit or replacement.
• Outside, street, and area lighting retrofit or replacement.
• Open Standards wireless platform and applications to control, dim, monitor and help maintain street lighting LED
retrofit investment, plus enable a platform for future City applications such as parking, automated meter reading,
charging stations, traffic, etc.
• Building Automation System (BAS) installation, upgrade or expansion leveraging existing technology.
• Building envelope upgrades.
• Infrastructure improvements that reduce energy and/or reduce operating costs.
• Other training, remote monitoring services, and on -going support services that will ensure objectives of program are
met over the term of the agreement.
All proposed ECMs must be provided on a turn -key basis, including all necessary permits, engineering, design, installation,
commissioning, delivery, training, warranty service and regulatory compliance.
The firm shall provide all labor, equipment, tools, materials, insurance, supervision, fuel and all other items needed to deliver
excellent energy performance services.
On June 26, 2020, staff received proposals from four consulting firms:
Consultant Location
Alliance Building Solution, Inc. San Diego, CA
Ameresco Framingham, MA
Engie Pasadena, CA
SiteLogiQ Santa Rosa CA
The proposals were reviewed by staff on the basis of the experience of the contractor, the type of technology employed by
the contractor, the cost to the local agency, relevant experience, scope of services provided and qualifications of proposed
project team. After review, staff determined that the proposal from Alliance Building Solutions, Inc. (ABS) was the most
comprehensive and demonstrated the best understanding of the required services. ABS has recently completed projects for the
City of Fontana, City of Upland, City of Rialto, and City of Fresno, along with school districts including Inglewood Unified
School District and William S. Hart High School District.
DISCUSSION:
ABS offers lighting, HVAC, Water, Roofing, and Solar System services. ABS has completed an audit at no cost to provide a
preliminary list of solutions for several City facilities as shown in Attachment No. 5, including LED lighting upgrades,
occupancy, sensors and HVAC upgrades, solar photovoltaic installation, and roof replacement. Implementing LED lighting
retrofits offers energy savings, and improved visual quality, while reducing maintenance costs. Building controls can range
from a simple thermostat to a complex building automation system. HVAC upgrades will realize energy savings, improve
facility occupancy comfort, and reduce maintenance and repair costs. Solar Photovoltaic (PV) systems serve as an effective
energy solution for offsetting utility costs, which will include needed roof replacements. This overall scope will allow the
City to address capital facility and deferred maintenance needs, primarily funded through savings. Future costs that would
have been applied to upgrades in this project, can now be allocated to other budgetary obligations. Energy service contracts
are authorized by California Government Code section 4217.1(ht seq. Government Code section 4217.12 provides that a
public agency may enter into an energy services contract on such terms as the City Council determines are in the best interest
of the City if "the anticipated cost to the public agency for thermal or electrical energy or conservation services provided by
the energy conservation facility under contract will be less than the anticipated marginal cost to the public agency of thermal,
electrical, or other energy that would have been consumed in the absence of these purchases." This simply means that the
energy savings over the lifetime of the project will be equal to or greater than the project costs.
Government Code section 4217.13 authorizes a public agency to enter into a facility financing contract and facility ground
lease if the governing body determines that funds for the repayment of the financing or the cost of design, construction, and
operation of the energy conservation facility, or both, as required by the contract, are projected to be available from revenues
resulting from sales of electricity or thermal energy from the facility or from funding that otherwise would have been used for
purchase of electrical, thermal, or other energy required by the public agency in the absence of the energy conservation
facility, or both. Pursuant to Government Code sections 4217.12 and 4217.13, which require that the City Council make the
required findings at a regularly scheduled public hearing and that public notice be given at least two weeks in advance of the
public hearing, the City published notice of the public hearing on September 15, 2020 in the San Gabriel Valley Tribune,
indicating that the City Council will be making findings for an energy service contract and financing contract in connection
with the Energy Systems Upgrades Project.
At the public hearing during the October 6, 2020 City Council meeting, staff will present information to support the findings
required by Government Code sections 4217.12 and 4217.13 to enter into an energy service contract and financing contract
and will seek comments from the public and any other interested parties regarding staffs proposed action to authorize the
execution of the contracts. As outlined above, the findings for the energy services contract shall provide that the cost to the
City to implement the energy related improvements will be less than the anticipated marginal cost to the City of thermal,
electrical, or other energy that would have been consumed by the City in the absence of purchasing the energy
improvements. In connection with the project, Alliance Funding Solutions, Inc. presented a financing proposal which
includes financing $2,815,162.00 at an interest rate of 4.150% over a 20-year term, with payments totaling $4,014,153.50.
Staff is pursuing alternative third party financing options that include terms that are equal to or better than the terms proposed
by Alliance Funding Solutions, Inc. However, based on this financing proposal, and the cash flow analysis provided by ABS,
the City Council can make the determination that funds for the repayment of the financing for the project are projected to be
available from funding that otherwise would have been used for the purchase of electrical energy required by the City in the
absence of the energy conservation facilities, and authorize staff to pursue third party financing options that include terms that
are equal to or better than the terms proposed by Alliance Funding Solutions, Inc., including but not limited to an interest rate
that does not exceed 4.150%. The proposed energy efficiency improvements are proposed on the following facilities:
Cameron Park & Community Center
City Yard
Civic Center (Police Department/ Communication Center/ Parking
Garage/ City Hall)
Fire Station No. 1
Fire Station No. 2
Fire Station No. 3
Fire Station No. 4
Pahn View Center
Senior Center
Shadow Oak Recreation Center & Park
Proposed energy efficiency improvements include:
• Lighting Improvements:
• Interior LED Lighting Upgrades
•Exterior LED Lighting Upgrades
• Install Dual Technology Occupancy Sensors
• Mechanical Improvements
•New High Efficiency HVAC Unit Replacements
•HVAC Unit Efficiency Retrofit
• Controls
•Install Smart Programmable Thermostats
•Install Energy Management Systems (EMS)
• Self Generation
• Install Solar Photovoltaic (PV) System
• Building Envelope
•Roof Replacement
• Other
• Transformer Replacements
•MPTS Power Quality Installation
• Install New Modular Restroom
Total project amount for the proposed energy efficiency improvements is $3,210,098. This is based on
financing $2,815,162.00 and a minimum capital contribution of $404,936.The project savings throughout the duration of this
contract is anticipated to be $4,895,855. The minimum capital contribution amount is subject to final determination of
financing agreement and interest rate.
By adopting the proposed resolution, the City Council will authorize the execution and delivery of an Installation Agreement
and a Measurement & Verification Agreement with ABS, related solar purchase agreements and solar lease agreements
with Distributed Solar Development, LLC, the negotiation and execution of a financing agreement on terms that are equal to
or better than those proposed by Alliance Funding Solutions, Inc. The resolution also includes the findings required by
Government Code section 4217.10 et seq.
LEGAL REVIEW:
The City Attorney's Office has reviewed and approved the resolution as to form and is working with staff on all agreements
related to the project.
OPTIONS:
The City Council has the following options:
1. Approve staffs recommendation; or
2. Provide alternative direction.
ENVIRONMENTAL REVIEW:
The proposed Project is a project subject to CEQA. Staff has reviewed the proposed project and has determined that it is
categorically exempt from CEQA pursuant to CEQA Guidelines Sections 15301 and 15303: Replacement or reconstruction;
(c) Replacement or reconstruction of existing utility and/or facilities involving negligible or no expansion of capacity.
Prepared by: Mark Persico, Assistant City Manager
Fiscal Impact
FISCAL IMPACT:
The project does not have an adverse fiscal impact to the City's budget. The projected savings over the life of the project
compared to the total cost is provided on Attachment No. 6.
Attachments
Attachment No. 1 - Resolution No. 2020-103
Attachment No. 2 - Installation Agreement
Attachment No. 3 - Scope of Work
Attachment No. 4 - M&V Agreement
Attachment No. 5 - Power Purchase Agreement
Attachment No. 6 - Energy Systems Lease Agreement
CITY COUNCIL GOALS & OBJECTIVES: Enhance the City Image and Effectiveness
Enhance Public Safety
Enhance City Programs and Activities
AGENDA ITEM NO.17
AGENDA STAFF REPORT
xON City of West Covina I Office of the City Manager
DATE: October 6, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: REQUEST FOR CONSIDERATION FROM MAYOR PRO TEM LOPEZ-VIADO REQUESTING
STAFF TO RESEARCH AND PROVIDE A RECOMMENDATION REGARDING "CALIFORNIA
CITIZENS FOR LOCAL CONTROL" INITIATIVE
RECOMMENDATION:
It is recommended that the City Council provide direction to staff.
DISCUSSION:
Per the City Council Standing Rules, Mayor Pro Tern Lopez-Viado is seeking the City Council's consensus to instruct staff to
research and provide a recommendation regarding "California Citizens FOR Local Control" Initiative.
Prepared by: Lisa Sherrick, Assistant City Clerk
Fiscal Impact
FISCAL IMPACT:
None at this time.
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Programs and Activities