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03-02-2021 - Regular Session AgendaCITY OF WEST COVINA CITY COUNCIL/SUCCESSOR AGENCY MARCH 2, 2021, 7:00 PM REGULAR MEETING CITY HALL COUNCIL CHAMBERS 1444 W. GARVEY AVENUE SOUTH WEST COVINA, CALIFORNIA 91790 Mayor Letty Lopez-Viado Mayor Pro Tern Dario Castellanos Councilwoman Rosario Diaz Councilmember Brian Tabatabai Councilman Tony Wu 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 invited 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:https://www.westcovina.ore/departments/city-clerk/asendas-and-meetines/current-meetines-and-asendas under the "Watch Live" tabor through the West Covina City YouTube channel atwww.westcovina.or /� 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@westeovina.org. The subject line should specify "Oral Communications — 3/2/2021". Please include your full name and address in your e-mail. All emails received by 5:00 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 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 MARCH 2, 2021, 7:00 PM REGULAR MEETING INVOCATION Led by Pastor Samuel Martinez from Amazing Love Ministries. PLEDGE OF ALLEGIANCE Led by Councilman Wu ROLL CALL REPORTING OUT FROM CLOSED SESSION PRESENTATIONS • Presentation & question and answer with Senator Susan Rubio • Certificate of Recognition presented to teachers of San Jose Academy: Danny Woo and Giselle Arguello ORAL COMMUNICATIONS - Five (5) minutes per speaker Please step forward to the podium and state your name and city of residence for the record when recognized by the Mayor. CITY MANAGER'S REPORT City Manager's report on current City projects. CONSENT CALENDAR All matters listed under CONSENT CALENDAR are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council/Community Development Commission request specific items to be removed from the Consent Calendarfor separate discussion or action. APPROVAL OF MEETING MINUTES FEBRUARY 16, 2021, CITY COUNCIL/SUCCESSOR AGENCY CLOSED SESSION MEETING MINUTES FEBRUARY 16, 2021, CITY COUNCIL/SUCCESSOR AGENCY REGULAR SESSION MEETING MINUTES FEBRUARY 23, 2021, CITY COUNCIL/SUCCESSOR AGENCY SPECIAL REGULAR SESSION MEETING MINUTES It is recommended that the City Council approve the February 16, 2021, Closed Session Meeting Minutes, the February 16, 2021, Regular Session Meeting Minutes, and the February 23 Special 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 Claim and direct that the claimant(s) be notified: 1. County of Los Angeles vs. City of West Covina COMMUNITY DEVELOPMENT CONSIDERATION OF APPROVAL OF CONSTRUCTION AGREEMENT FOR TRAFFIC SIGNAL INSTALLATION AT CAMERON AVENUE AND BARRANCA STREET PROJECT - PROJECT NO. 18040 It is recommended that the City Council take the following actions: 1. Award the construction agreement for the Cameron Avenue at Barranca Street Traffic Signal Improvements Project (Project No. 18040) to P.T.M. General Engineering Services, Inc. for $336,036.00, as the lowest responsible bidder; 2. Authorize 15 % of the awarded contract amount as contingency allowance to be used, if necessary and with the City Manager's approval, for unforeseen conditions; 3. Authorize the City Manager to negotiate and execute the agreement and any authorized amendments to the agreement; and 4. Adopt the following resolution: RESOLUTION NO. 2021-13 —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 (PROP C 25 % - PROJECT NO. 18040) FINANCE DEPARTMENT CONSIDERATION OF SECOND QUARTER FINANCIAL REPORT FOR FISCAL YEAR 2020-21 It is recommended that the City Council take the following actions: 1) Receive and file the Second Quarter Financial Report for Fiscal Year 2020-2 1; and 2) Adopt the following resolution: RESOLUTION NO.2021-14 - 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 (SECOND QUARTER FINANCIAL REPORT) CONSIDERATION OF COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) AND OTHER RELATED REPORTS FOR THE YEAR ENDED JUNE 30, 2020 It is recommended that the City Council receive and file the following letters and financial reports for the year ended June 30, 2020: • Comprehensive Annual Financial Report; • Government Auditing Standards Letter; • Audit Communication Letter; • West Covina Housing Authority Fund Financial Report; • West Covina Housing Authority Fund Addendum to the Annual Progress Report; and • Air Quality Improvement Fund Financial Statements. PUBLIC SERVICES CONSIDERATION OF EXTENSIONS TO TRANSPORTATION AND LEASE AGREEMENTS WITH MV TRANSPORTATION, INC. It is recommended that the City Council take the following actions: 1. Approve the amendment to the Transportation Services Agreement with MV Transportation, Inc., to extend the term on a month -to -month basis, for up to 12 months, while the City conducts a formal solicitation for the transportation services; 2. Approve the amendment to the Lease Agreement with MV Transportation, Inc., on a month -to -month basis, for up to 12 months, to coincide with the term of the Transportation Services Agreement; and 3. Authorize the City Manager to negotiate and execute the amendments to both agreements in substantially the form as attached and in such final form as approved by the City Attorney. END OF CONSENT CALENDAR DEPARTMENTAL REGULAR MATTERS POLICE DEPARTMENT Update on City's Homeless Initiatives It is recommended that the City Council receive and file this informational report. 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 ofbusiness and must be approved by a majority ofthe City Council/Successor Agency Board.) Next Tentative City Council Meeting Regular Meeting March 16, 2021 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 maybe 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 mauner 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 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 staffmember. 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 mare 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 Cade or Section 18340 of the Elections Code, is guilty of a misdemeanor.