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10-20-2020 - AGENDA ITEM 01 OCTOBER 6, 2020 CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTESAGENDA ITEM NO. 1 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: October 20, 2020 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: OCTOBER 6, 2020 CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES OCTOBER 6, 2020 CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES RECOMMENDATION: 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. DISCUSSION: That the City Council adopt the attached minutes. Prepared by: Lisa Sherrick, Assistant City Clerk Attachments Attachment No. 1 - 10/06/2020 Closed Session Minutes Draft Attachment No. 2 - 10/06/2020 Regular Session Minutes Draft CITY COUNCIL GOALS & OBJECTIVES: Enhance the City Image and Effectiveness 10/6/2020 Regular Session Minutes Draft ATTACHMENT 2 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 9) CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA MAINTENANCE AND CRAFTS EMPLOYEES' ASSOCIATION Carried 4-1 (No: Johnson) to: 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 Carried 4-1 (No: Johnson) to: 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) Carried 4-1 (No: Johnson) to: 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) Page 6 of 9 10/6/2020 Regular Session Minutes Draft ATTACHMENT 2 12) CONSIDERATION OF A SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA MIDDLE MANAGEMENT EMPLOYEES' ASSOCIATION Carried 4-1 (No: Johnson) to: 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 Carried 5-0 to: 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 Carried 5-0 to: take the following actions: 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 Page 7 of 9 10/6/2020 Regular Session Minutes Draft ATTACHMENT 2 Carried 5-0 to: 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 END OF CONSENT CALENDAR PUBLIC HEARINGS 16) CONSIDERATION OF APPROVAL OF AGREEMENTS FOR ENERGY SYSTEMS UPGRADES PROJECT Carried 4-1 (No: Shewmaker) to: construct a bathroom with utility connections at Shadow Oak Park with an appropriation of $404,936 and 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 None CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATION 17) REQUEST FOR CONSIDERATION FROM MAYOR PRO TEM LOPEZ-VIADO REQUESTING STAFF TO RESEARCH AND PROVIDE A RECOMMENDATION Page 8 of 9 10/6/2020 Regular Session Minutes Draft ATTACHMENT 2 REGARDING "CALIFORNIA CITIZENS FOR LOCAL CONTROL" INITIATIVE Carried 5-0 to: research and provide a resolution in support of "California Citizens FOR Local Control". Request from Councilman Castellanos — Request staff to look at bring Building Staff back in- house and as the contract with MV (Go West Shuttle Services) expires request staff to look at changing the routes and creative alternatives. Request from Councilwoman Shewmaker — Add onto the MV request and look at other options form our seniors — Purchase buses and shuttle seniors and even negotiate with Uber and or Lyft. CITY COUNCIL COMMENTS None ADJOURNMENT This meeting was adjourned in memory of Jay Johnstone. Mr. Johnstone grew up in West Covina and attended Edgewood High School, also won a World Series with the Yankees in 1978. Johnstone played 20 seasons in the major leagues, including his first five seasons with the California Angels, and parts of four seasons with the Dodgers. His pinch-hit homer in Game 4 of the 1981 World Series fueled a boisterous 8-7 victory for L.A. at Dodger Stadium, as the team came back from a two games to defeat the Yankees in six games. Our deepest condolences to his wife Mary Jane Johnstone and daughter, and his family at this heartbreaking time. A motion to adjourn the Regular Meeting was made by Councilman Johnson, and the meeting was adjourned at 9:40 p.m. The next regularly scheduled Regular City Council Meeting will be held on Tuesday, October 20, 2020 at 7:00 p.m. in the Council Chambers, 1444 West Garvey Avenue South, West Covina, California. Submitted by: Lisa Sherrick Assistant City Clerk Tony Wu Mayor Page 9 of 9 10/06/2020 Closed Session Minutes Draft ATTACHMENT 1 x CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY OCTOBER 6, 2020, 6:00 PM REGULAR MEETING - CLOSED SESSION MANAGEMENT RESOURCE CENTER 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 MINUTES CALL TO ORDER A Closed Session Meeting was called to order by Mayor Wu on Tuesday, October 06, 2020 at 6:00 p.m., in the Management Resource Center Conference Room on the 3rd Floor, 1444 West Garvey Avenue South, West Covina, California. ROLL CALL Council Members Present: Council Members Dario Castellanos, Lloyd Johnson, Jessica C. Shewmaker, Mayor Pro Tem Letty Lopez-Viado, Mayor Tony Wu Council Members Absent: None Page 1 of 3 10/06/2020 Closed Session Minutes Draft ATTACHMENT 1 City Staff: David Carmany City Manager, Mark Persico Assistant City Manager, Russell Hildebrand Deputy City Attorney, Thomas P. Duarte City Attorney, Bruce Lindsay Deputy City Attorney, Helen Tran Human Resources Director, Robbeyn Bird Finance Director, Paulina Morales Economic Development Manager. Krista MacNevin Jee Deputy City Attorney, Matt Ashley Irell & Manella, Brian Irell and Manella, Oliver Yee Liebert Cassidy Whitmore Outside Counsel. PUBLIC COMMENTS ON ITEMS ON THE AGENDA None CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(4) Number of Cases: Five (5) 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 1) Property: APN No. 8474-011-028 Agency Negotiator: Carmany, Persico, Morales, Duarte Negotiating Parties: Waterford Property Company Under Negotiation: Terms of Purchase and Sale Agreement 2) Property: APN No. 8486-008-905 Agency Negotiator: Carmany, Persico, Negotiating Parties: Neryssa Flores Under Negotiation: Lease Terms 3. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Carmany, Duarte Employee Organizations • Confidential Employees • Maintenance & Crafts Employees • Non -Sworn • W.C. Police Officers' Association • W.C. Firefighters' Management Assoc. • W.C. Firefighters' Association, I.A.F.F., Local 3226 • General Employees • Mid -Management Employees • W.C. Police Management Association Page 2 of 3 10/06/2020 Closed Session Minutes Draft ATTACHMENT 1 Unrepresented Employee Group Department Heads REPORTING OUT With regard to Item #1, on a vote of 5-0 Council directed staff to initiate litigation. The identity of the defendant will be disclosed upon filing of the complaint. ADJOURNMENT The Closed Session Meeting adjourned at 6:50 p.m., by Mayor Wu. The next regularly scheduled Closed Session City Council Meeting will be held on Tuesday, October 20, 2020 at 6:00 p.m. in the Management Resource Center Conference Room, 3rd Floor, 1444 West Garvey Avenue South, West Covina, California. Submitted by: Lisa Sherrick Assistant City Clerk Tony Wu Mayor Page 3 of 3 10/6/2020 Regular Session Minutes Draft ATTACHMENT 2 `��Ili,_ REST C01 CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY OCTOBER 06, 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 MINUTES INVOCATION Led by Pastor Jillian Lutes from West Covina Hills Seventh-Day Adventist Church PLEDGE OF ALLEGIANCE Led by Mayor Pro Tern Lopez-Viado ROLL CALL Council Members Present: Council Members Dario Castellanos, Lloyd Johnson, Jessica Shewmaker, Mayor Pro Tern Letty Lopez-Viado, Mayor Tony Wu Council Members Absent: None City Staff: David Carmany City Manager, Mark Persico Assistant City Manager, Thomas P. Duarte City Attorney, Lisa Sherrick Assistant City Clerk; other City staff presented reports and responded to questions as indicated in the minutes. Page 1 of 9 10/6/2020 Regular Session Minutes Draft ATTACHMENT 2 CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Government Code § 54956.9(d)(4) Number of Cases: Five (5) 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 1) Property: APN No. 8474-011-028 Agency Negotiator: Carmany, Persico, Morales, Duarte Negotiating Parties: Waterford Property Company Under Negotiation: Terms of Purchase and Sale Agreement 2) Property: APN No. 8486-008-905 Agency Negotiator: Carmany, Persico, Negotiating Parties: Neryssa Flores Under Negotiation: Lease Terms 3. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code § 54957.6 City Negotiators: Carmany, Duarte Employee Organizations • Confidential Employees • Maintenance & Crafts Employees • Non -Sworn • W.C. Police Officers' Association • W.C. Firefighters' Management Assoc. • W.C. Firefighters' Association, I.A.F.F., Local 3226 • General Employees • Mid -Management Employees • W.C. Police Management Association Unrepresented Employee Group • Department Heads REPORTING OUT FROM CLOSED SESSION City Attorney Thomas P. Duarte reported with regard to Item #1, on a vote of 5-0 Council directed staff to initiate litigation. The identity of the defendant will be disclosed upon filing of the complaint • Senator Ling Ling Chang Certificate Presentation for Friendship City Tainan, Taiwan • Certificate of Recognition Islands Restaurant meals donation to the Senior Meals Program • Certificate of Recognition Sprouts Farmers Market meals donation to the Senior Meals Program Page 2 of 9 10/6/2020 Regular Session Minutes Draft ATTACHMENT 2 • Proclamation — National Breast Cancer Awareness Month of October • Proclamation — Domestic Violence Awareness Month of October ORAL COMMUNICATIONS - Five (5) minutes per speaker • Al Contreras • Fredrick Sykes • Angie Gillingham • Jim Grivich • Steve Bennett • Minerva Avila • Celeste CITY MANAGER'S REPORT Presentation given by Mr. Carmany CONSENT CALENDAR ACTION: Motion by Councilman Castellanos, Second by Mayor Pro Tem Lopez-Viado 5-0 to: Approve Consent Calendar Items 1, 2, 4, 7, 13, 14 and 15. ACTION: Motion by Councilman Castellanos, Second by Mayor Pro Tem Lopez-Viado Carried 5-0 to: Approve Consent Calendar Item 3. (Item 3 pulled for discussion from the Consent Calendar by Councilmember Shewmaker). ACTION: Motion by Councilmember Shewmaker, Second by Councilman Johnson Carried 5-0 to: Approve Consent Calendar Item 5. (Item 5 pulled for discussion from the Consent Calendar by Councilmember Shewmaker). ACTION: Motion by Mayor Pro Tem Lopez-Viado, Second by Castellanos Carried 5-0 to: Approve Consent Calendar Item 6. (Item 6 pulled for discussion from the Consent Calendar by Mayor Pro Tem Lopez-Viado). ACTION: Motion by Councilman Castellanos, Second by Councilman Johnson Carried 5-0 to: Table Consent Calendar Item 8. (Item 8 pulled for discussion from the Consent Calendar by Councilman Castellanos). ACTION: Motion by Councilman Castellanos, Second by Mayor Pro Tem Lopez-Viado Carried 4-1 to: (No: Johnson) Approve Consent Calendar Items 9, 10, 11, and 12. (Item 9-12 pulled for discussion from the Consent Calendar by Councilman Johnson). APPROVAL OF MEETING MINUTES 1) SEPTEMBER 15, 2020 CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES Page 3 of 9 10/6/2020 Regular Session Minutes Draft ATTACHMENT 2 SEPTEMBER 15, 2020 CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES Carried 5-0 to: approve the September 15, 2020, Closed Session Meeting Minutes, and the September 15, 2020. COMMISSION SUMMARY OF ACTIONS 2) Summary of Actions for the Community and Senior Services Commission Meeting Minutes for the March 10, 2020 meeting. Carried 5-0 to: receive and file the Summary of Actions for the Regular Community and Senior Services Commission Meeting of March 10, 2020. INVESTMENT REPORT 3) INVESTMENT REPORT FOR THE MONTH ENDED AUGUST 31, 2020 Carried 5-0 to: receive and file the Investment Report for the month ended August 31, 2020. CITY CLERK'S OFFICE 4) BIENNIAL REVIEW OF THE CONFLICT OF INTEREST CODE AS REQUIRED BY THE POLITICAL REFORM ACT Carried 5-0 to: receive and file the 2020 Local Agency Biennial Notice. CITY MANAGER'S OFFICE 5) CONSIDERATION OF RESOLUTION NO. 2020-101 EXTENDING THE LOCAL EMERGENCY DECLARATION Carried 5-0 to: adopt the following resolution: on the Condition that it would return on the next Council Meeting with the discussed amendments. 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, 20209 MAY 5, 20209 Page 4 of 9 10/6/2020 Regular Session Minutes Draft ATTACHMENT 2 JUNE 2, 2020, JUNE 23, 2020, JULY 21, 2020, AUGUST 18, 2020 AND SEPTEMBER 15, 2020. COMMUNITY DEVELOPMENT 6) CONSIDERATION OF ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR THE ORANGE AVENUE CATCH BASIN INSTALLATION PROJECT (PROJECT NO. 19027) Carried 5-0 to: 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 7) PROPOSITION A EXCHANGE - FOOTHILL TRANSIT Carried 5-0 to: approve the Proposition A Local Return Fund Exchange with Foothill Transit and authorize the City Manager to negotiate and execute the Assignment Agreement. FIRE DEPARTMENT 8) CONSIDERATION OF THREE PROFESSIONAL SERVICE AGREEMENTS FOR FIRE PREVENTION PLAN CHECK SERVICES (Item 8 was tabled from the Agenda by Councilman Castellanos) 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 Page 5 of 9