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10-20-2020 - Regular Session AgendaCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY OCTOBER 20, 2020, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Tony Wu Mayor Pro Tem 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: httos://www.westcovina.orL,/dgnartments/city-clerk/agendas-and-meetings/current-meetin sg and -a eg ndas under the "Watch Live" tab or through the West Covina City YouTube channel at www.westcovina,ore/LIVE 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 — 10/20/2020". 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 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.mg. 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 OFDECORUM 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 20, 2020, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Mason Okubo from Immanuel First Lutheran Church PLEDGE OF ALLEGIANCE Led by Councilmember Shewmaker ROLL CALL REPORTING OUT FROM CLOSED SESSION PRESENTATIONS • November 3, 2020 Election Presentation 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 CounciUCommunity Development Commission request peck items to be removed from the Consent Calendarfor separate discussion or action. APPROVAL OF MEETING MINUTES OCTOBER 6, 2020 CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES OCTOBER 6, 2020 CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES It is recommended that the City Council approve the October 6, 2020, Closed Session Meeting Minutes, and the October 6, 2020 Regular Session Meeting Minutes. CLAIMS AGAINST THE CITY 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. GEICO ASO Ian Tones vs. City of West Covina 2. Vernanell Gibson vs. City of West Covina CITY ATTORNEY'S OFFICE CONSIDERATION OF ENGAGEMENT OF BEST BEST & KRIEGER LLP IN CONNECTION WITH THE WHITHORN V. WEST COVINA AND TAYLOR V. CITY OF WEST COVINA MATTERS It is recommended that the City Council authorize the City Manager to negotiate and execute any documents necessary for the continued engagement of Best Best & Krieger LLP to provide legal services to the City in connection with the Whithorn v. West Covina and Taylor v. City of West Covina matters. CITY MANAGER'S OFFICE CONSIDERATION OF RESOLUTION RATIFYING USE OF PEG FUNDS FOR THE EMERGENCY PURCHASE OF COUNCIL CHAMBERS AUDIO SYSTEM It is recommended that the City Council approve a resolution approving a budget amendment and ratifying the use of dedicated funding through the public, educational and governmental (PEG) fund (Account No. 205.80.7001.7900) for the emergency purchase of the new City Council Chambers audio system from Key Code Media, Inc., in the amount of $75,210.38. CONSIDERATION OF RESOLUTION NO. 2020-105 CLARIFYING THE CITY MANAGER'S EMERGENCY POWERS AND EXTENDING THE LOCAL EMERGENCY DECLARATION It is recommended that the City Council adopt the following resolution: RESOLUTION NO.2020-105 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DETERMINING THE NEED TO FURTHER CONTINUE THE LOCAL EMERGENCY PROCLAIMED ON MARCH 16, 2020 AND PREVIOUSLY CONTINUED ON APRIL 7, 2020, MAY 5, 2020, JUNE 2, 2020, JUNE 23, 2020, JULY 21, 2020, AUGUST 18, 2020, SEPTEMBER 15, 2020, AND OCTOBER 6, 2020. CONSIDERATION OF A RESOLUTION NO. 2020-107 EXPRESSING OPPOSITION TO STATE PLANNING AND ZONING LEGISLATION THAT DIMINISHES LOCAL CONTROL It is recommended that the City Council adopt the following resolution: RESOLUTION NO.2020-107 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, EXPRESSING OPPOSITION TO STATE PLANNING AND ZONING LEGISLATION THAT USURPS LOCAL CONTROL AND EXPRESSING SUPPORT FOR CALIFORNIA CITIZENS FOR LOCAL CONTROL COMMUNITY DEVELOPMENT CONSIDERATION OF ARCHITECTURAL SERVICES CONSULTANT LIST It is recommended that the City Council take the following actions: 1. Approve Gynne Pugh Urban Studio and KTGY Architecture + Planning for the architectural services consultant list.The cost of these services shall be paid by project applicants through a reimbursement agreement. 2. Authorize the City Manager to negotiate and execute a Professional Services Agreement with Gynne Pugh Urban Studio and KTGY Architecture + Planning for architectural consulting services for a two-year period, commencing October 20, 2020 and ending October 19, 2022, with a possible two-year extension. CONSIDERATION OF APPROVAL OF THE TRAFFIC COMMITTEE MEETING MINUTES AND TRAFFIC COMMITTEE RECOMMENDATIONS FROM THE SEPTEMBER 8, 2020 TRAFFIC COMMITTEE MEETING It is recommended that the City Council approve the Traffic Committee Meeting Minutes and Traffic Committee recommendations from the September 8, 2020 Traffic Committee Meeting for the following item: 1. Parking Conditions Review on Fairgrove Avenue a. Request: The City received a request from the West Covina Police Department to review the existing parking conditions on Fairgrove Avenue due to various complaints received regarding loitering, littering, and trespassing/congregating in the undeveloped areas past the gates. b. Review Standard: The CAMUTCD Section 213.46. Parking, Standing, and Stopping Signs (R7 and R8 Series) states the following: "No Parking Anytime — Parking should be prohibited at locations where the prohibition is necessary to accommodate other activities and objectives, such as street sweeping, snow removal, public safety or preferential parking" and that "The NO PARKING ANY TIME with arrow (R28(CA)) or without arrow (R26(CA)) signs may be used to inform motorists of a parking prohibition at a specific location. c. Recommendation: It was unanimously recommended to install No Parking signs along the segment to serve as a productive countermeasure to improve public safety along this segment of Fairgrove Avenue per the CAMUTCD which includes the installation of signs on both sides of the segment indicating the "No Parking" limits. CONSIDERATION OF ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR FISCAL YEAR 2017-18 RESIDENTIAL STREET REHABILITATION PROGRAM - PROJECT NO. SP-18032 It is recommended that the City Council take the following actions: 1. Accept project completion for Fiscal Year 2017-18 Residential Street Rehabilitation Program (Project No. SP-18032) as performed by Onyx Paving Company, Inc., with a final contract amount of $1,360,000; 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 10) CONSIDERATION OF AUGUST FINANCIAL REPORT FOR FISCAL YEAR 2020-21 It is recommended that the City Council receive and file the August Financial Report for Fiscal Year 2020-21 and adopt Resolution No. 2020-108 to approve the budget amendments attached to this report. RESOLUTION NO.2020-108 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING BUDGET AMENDMENTS FOR THE FISCAL YEAR COMMENCING JULY 1, 2020 AND ENDING JUNE 30, 2021 FIRE DEPARTMENT 11) CONSIDERATION OF 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 one (1) year, with the option to extend the agreement for a maximum of four (4) successive one (1) year periods, 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 one (1) year, with the option to extend the agreement for a maximum of four (4) successive one (1) year periods, 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 one (1) year, with the option to extend the agreement for a maximum of four (4) successive one (1) year periods, in an annual amount not -to -exceed $15,000. 5. Authorize the City Manager to negotiate and execute future amendments to the agreements. POLICE DEPARTMENT 12) CONSIDERATION OF PURCHASE OF SIMULATOR TRAINING TECHNOLOGY EQUIPMENT FOR POLICE DEPARTMENT It is recommended that the City Council take the following action: 1. In accordance with Municipal Code Chapter 2, Article VII, Division 2, Sec. 2-333 (i) (2), and the findings of the West Covina Finance Department, find that the U.S. General Services Administration (GSA) purchase contract # GS-OOF-113DA satisfies West Covina's bid process, and authorize the purchase of a comprehensive simulator training system, directly from Meggitt Training Systems, for a total of $50,295.77, including taxes and fees, using previously appropriated federal asset forfeiture funds. PUBLIC SERVICES 13) WEST COVINA COMMUNITY SERVICES FOUNDATION FISCAL YEAR 2019-2020 ANNUAL REPORT It is recommended that the City Council receive and file this report. END OF CONSENT CALENDAR PUBLIC HEARINGS 14) PUBLIC HEARING TO CONSIDER CODE AMENDMENT NO.20-07 TO ALLOW AND REGULATE OFF -SALE (RETAIL SALES FOR OFF -SITE CONSUMPTION) OF BEER AND WINE AS AN ACCESSORY USE TO A SERVICE STATION It is recommended that the City Council approve Code Amendment No. 20-07 by: 1. Conducting a public hearing regarding Code Amendment No. 20-07; and 2. Introducing for first reading, by title only, further reading waived, the following ordinance: ORDINANCE NO.2474 - 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 DEPARTMENTAL REGULAR MATTERS CITY MANAGER'S OFFICE 15) CONSIDERATION OF RESOLUTION 2020-104 CONFIRMING A WASTE MANAGEMENT AGENCY AND DESIGNATING A LOCAL ENFORCEMENT AGENCY FOR ENFORCEMENT OF A SOLID WASTE MANAGEMENT PROGRAM It is recommended that the City Council take the following actions: 1. Adopt a resolution confirming a Waste Management Enforcement Agency and designating a Local Enforcement Agency (Attachment No. 1): RESOLUTION NO. 2020-104 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, CONFIRMING A WASTE MANAGEMENT ENFORCEMENT AGENCY AS A DIVISION OF THE FIRE DEPARTMENT AND DESIGNATING A LOCAL ENFORCEMENT AGENCY FOR ENFORCEMENT OF A SOLID WASTE MANAGEMENT PROGRAM IN THE CITY OF WEST COVINA, and 2. Authorize the City Manager to negotiate and execute a Professional Services Agreement between the City of West Covina and Rincon Environmental, LLC for Local Enforcement Agency (LEA) services. MAYOR/COUNCILMEMBERS REPORTS AB 1234 Conference and Meeting Report (verbal, if any) (In accordance with AB 1234, Councilmembers shall make a briefreport orfile 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/SuccersorAgency Board.) CITY COUNCIL COMMENTS W1i11J"W III�YY Next Tentative City Council Meeting Regular Meeting November 17, 2020 7:00 PM RULES OF DECORUM The following are excerpts from the Rest 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 time and city of residence in an audible tone of voice for the record and unless further time is granted by the council, shall limit bia 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 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. d The presiding officer may require any person to be swom 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 first 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 to shout over a speaker, the Mayor, a council member or a staff member. f 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 pemdtied within the mil 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 (S 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.