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12-01-2020 - Regular Session AgendaXT CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY DECEM 3ER 1, 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 Lefty 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 of, 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 havel 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.ore/departments/city-clerk/aeendas-and-meetines/current-meetines-and-agendas under the "Watch Live" tab or through the West Covina City YouTube channel at www.westcovina.org/LrVE. 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 "Oral Communications — 12/l/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.org. Any writings or documents regarding any item on this agenda, not exempt from public disclosure, provided to a majority of the City Council that is distributed less than 72 hours before the meeting, will be made available for public inspection in the City Clerk's Office, Room 317 of City Hall located at 1444 W. Garvey Avenue South, West Covina, during normal business hours. NOTICE The City Council will regularly convene on the first and third Tuesday of the month. The West Covina Community Development Commission, West Covina Public Financing Authority and the West Covina Community Services Foundation an, 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 Decomm will be found at the end of agenda. AGENDA CITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY TUESDAY DECEMBER 1, 2020, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Samuel Martinez from Amazing Love Ministries. PLEDGE OF ALLEGIANCE Led by Mayor Wu ROLL CALL, REPORTING OUT FROM CLOSED SESSION PRESENTATIONS 1. Certificate of Recognition for Pastor Kelly Dupee, Faith Community Church for annual turkey and food donation 2. Certificate of Recognition of COVID-19 Personal Protective Equipment donors: Amy Hao Beijing Friendship Association U.S.A Cazhu Wang Chinese American Association of West Covina Chinese American Construction Professionals (CACP) Chinese Americans Donation Center Claire Zhao Dane Peng David Koo Ellen Gao Eva Wang Fenyang Goo Florence Ding, Ding's Garden Grace Ge Henry Miao Howard Shih Hui Wang Jackie Pi James Xu Jerry Qiu Jessie Cheng Jianyu Zhou Jimmy Zou Karen Yu Kevin Pan Lily Yan Lisa Chen Los Angeles Chinese Musicians Ensemble Chorus, Sophia Wen Los Angeles Diamond Lions Club Los Angeles Wenzhou Chamber of Commerce Mandy Du Mayor Son Zhe Mr. and Mrs. Zheng Nanping OCM Group USA INC Sophia Wen Steven Luo Sue Zhang, Jinguo Committee U.S. Zhejiang General Chamber of Commerce Vincent Li Angel Chu 3. Certificate of Recognition of Envision Motors, donation to the Senior Meal Program. ORAL COMMUNICATIONS - Five (5) minutes per speaker Please step forward to the podium and state your name and city of residence for the record when recognized by the Mayor. CITY MANAGER'S REPORT City Manager's report on current Cityprojects. CONSENT CALENDAR All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council/Community Development Commission request specitic items to be removed f}om the Consent Calendarfor separate discussion or action. APPROVAL OF MEETING MINUTES NOVEMBER 17, 2020 CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES NOVEMBER 17, 2020 CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES It is recommended that the City Council approve the November 17, 2020, Closed Session Meeting Minutes, and the November 17, 2020 Regular Session Meeting Minutes. COMMISSION SUMMARY OF ACTIONS Summary of Actions for the Community and Senior Services Commission Meeting Minutes for the September 8, 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 September 8, 2020. CITY CLERK'S OFFICE CONSIDERATION OF DESTRUCTION OF DOCUMENTS PURSUANT TO THE CALIFORNIA GOVERNMENT CODE It is recommended that the City Council adopt the following resolutions: RESOLUTION NO. 2020-114 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF RECORDS PURSUANT TO THE CALIFORNIA GOVERNMENT CODE CITY MANAGER'S OFFICE CONSIDERATION OF RESOLUTION NO. 2020-118 DETERMINING THERE IS A NEED TO CONTINUE THE LOCAL EMERGENCY It is recommended that the City Council adopt the following resolution: RESOLUTION NO.2020-118 - 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, OCTOBER 6, 2020, OCTOBER 20, 2020 AND NOVEMBER 17, 2020 COMMUNITY DEVELOPMENT CONSIDERATION OF RELEASE OF FAITHFUL PERFORMANCE GUARANTEE AND LABOR AND MATERIAL BONDS FOR TRACT MAP NO. 77133 - MERITAGE HOMES OF CALIFORNIA, INC. It is recommended that the City Council accept all on -site and off -site improvements for Tract Map No. 77133 located at 1530 W. Cameron Avenue and authorize the release of Faithful Performance and Labor and Material Bonds in the amount of $461,506 and $36,391 respectively. CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT FOR BUILDING AND SAFETY CONSULTANT SERVICES WITH TRANSTECH It is recommended that the City Council: 1. Authorize the City Manager to negotiate and execute a Professional Services Agreement with Transtech Engineers, Inc. for Building and Safety consultant services for a two-year period, commencing January 1, 2021 and ending December 31, 2022, with a possible two -yew extension contingent upon satisfactory performance; 2. Authorize the City Manager to approve the extension and execute an amendment providing for such extension. CONSIDERATION OF AUTHORIZING THE CITY MANAGER TO EXECUTE THE FUNDING AGREEMENT BETWEEN THE CITY OF WEST COVINA AND THE LOS ANGELES COUNTY METROPOLITAN TRANSIT AUTHORITY (LACMTA OR METRO) UNDER 2016 FEDERAL TRANSPORTATION EARMARK EXCHANGE PROGRAM FOR TRAFFIC SIGNAL INSTALLATION AT CAMERON AVENUE AND BARRANCA STREET PROJECT It is recommended that the City Council: 1. Authorize the City Manager to negotiate and execute the Exchange Agreement between the City and the Los Angeles County Metropolitan Transit Authority (LACMTA or Metro) under 2016 Federal Transportation Earmark Exchange Program for Traffic Signal Installation at Cameron Avenue and Barranca Street Project to transfer City's Federal Transportation Earmark(s) to LACMTA and exchange such funds for a like amount of LACMTA Proposition C 25% in the amount of $119,255, in substantially the form as attached and in such final form as approved by the City Attorney; and 2. Authorize the City Manager to take such additional, related actions as may be required for the exchange of funds. CONSIDERATION OF DISPOSITION OF AGENCY ASSETS #28 AND #29 (LONG RANGE PROPERTY MANAGEMENT PLAN) (APNs; 8735-001-933, 8735-001-934) TO M&A GABAEE It is recommended that the City Council, acting as the Successor Agency, authorize the Executive Director, or his designee, to negotiate and execute an Exclusive Negotiation Agreement (ENA) with M&A Gabaee (Gabaee) for the Sale of Agency Parcels (APNS: 8735-001-933 and 8735-001-934). FINANCE DEPARTMENT CONSIDERATION OF SEPTEMBER FINANCIAL REPORT FOR FISCAL YEAR 2020-21 It is recommended that the City Council receive and file the September Financial Report for Fiscal Yew 2020-21. END OF CONSENT CALENDAR DEPARTMENTAL REGULAR MATTERS 10) CONSIDERATION OF 2020 UPDATE TO THE PAVEMENT MANAGEMENT PROGRAM It is recommended that the City Council: 1. Approve the Updated 2020 Pavement Management Program and approve budget scenario 3 for the 10-year pavement program; and, 2. Direct the City Manager to implement the plan. PUBLIC SERVICES 11) REVIEW OF PARKS, ATHLETIC FACILITIES, AND FIELD USE POLICIES It is recommended that the City Council discuss parks use and field use policy and provide appropriate direction. 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/evenb'conference attended at City expense.) 12) REQUEST FOR CONSIDERATION FROM MAYOR WU TO DISCUSS ALTERNATIVES TO THE LOS ANGELES COUNTY HEALTH DEPARTMENT SERVICES. It is recommended that the City Council discuss and provide staff direction. CITY COUNCIL REQUESTS FOR REPORTS. STUDIES OR INVESTIGATION (Per City of West Covina Standing Rules 4.f - Requests for reports, studies, or investigations that are not readily available must be placed on the City Council/Successor Agency agenda as items of business and most be approved by a majority of the City Council/Successor Agency Board.) CITY COUNCIL COMMENTS ADJOURNMENT Next Tentative City Council Meeting Regular Meeting December 15, 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 pemiltted 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 set 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 staffmember. f As a speaker, interrupting or attempting to interrupt the Mayor, a council member, or a staff member, or shouting over or attempting to shout over the Mayor, a council member, or a staff member. Nothing in this section or any rules of the council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City or of the acts or omissions of the City Council. It shall be unlawful to violate the provisions of this Section. If any subsection, sentence, clause, or phrase or word of this Section 2-50 is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Section. The City Council hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, phrases or words had been declared invalid or unconstitutional. Sec. 2-52. Persons authorized to be within council area. No person, except city officials, their representatives and members of the news media shall be 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 ($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.