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11-21-1995 - Regular Meeting - MinutesM��lili\[lil"Iltil�y REGULAR MEETING OF THE WEST COVINA CITY COUNCIL November 21, 1995 • The regular meeting of the West Covina City Council was called to order by Mayor Herfert at 7:32 pm in the City Hall Council Chambers, 1444 W: Garvey Avenue, West -Covina. The invocation was given by Pastor Chuck Reeve of Faith Community Church and the Pledge of Allegiance was led by Mayor Herfert. ROLL CALL Mayor Herfert, Mayor Pro Tem Touhey, Council - members Manners, McFadden, Wong Others Present: Starbird, Wylie, Glover, Salazar, Distelrath, Collier, Heieck, Dixon, Koniarsky, Yoshizaki, McIsaac, Greene, Samaniego, Irwin, Tucker, Patton, Berry APPROVAL OF MINUTES Councilmember Wong noted the minutes of the special meeting of 11/7 did not reflect that the particular item that he had a conflict of interest with (Edwards theater project) was discussed last so that he could leave the meeting after participating in all the other items. Councilmember McFadden offered an amendment to his statement on Page 4 of the regular meeting of 11/7 in response to Ms. McComb's statement. Motion by Manners and seconded by Touhey to approve the minutes of the emergency meeting of November 3, 1995, the special meeting of November 7, 1995, and the regular meeting of November 7, 1995, including the changes noted above. Motion carried 5-0. PRESENTATIONS Michael De La Torre, Vice President of Foot- hill Transit, and the Executive Director, Robert Chapin, presented a six -minute video about their company. Foothill Transit had Just received the distinct award of "Out- standing Transit System in North America" from the national organization. With the assistance of Police Chief Distel- rath, Mayor Herfert presented Certificates of Recognition to about fifteen graduates of the FASA Youth Leadership program. Item G-lb City Manager Starbird suggested holding over Item No. G-lb (Agreement with AQMD re payment • for TeraMeth Environmental Review Document) by request of the principals, as they would not be able to attend the Council meeting. . Motion by Manners and seconded by McFadden to hold over the item. Motion car- ried 5-0. Mayor Herfert stated that persons in the audience who were attending the meeting to speak on this item will still be. able to address the City Council during Agenda Communications. Council Minutes of 11/21/95 2 HEARING ORDINANCE FOR ADOPTION OF THE 1994 EDITIONS OF CODES RELATING TO RESIDENTIAL AND COMMERCIAL BUILDINGS IN THE CITY OF WEST COVINA 1994 Uniform Codes City Clerk Berry verified the affidavit of publication. Mayor Herfert opened the hearing • and the staff report was presented by City Engineer Glover. Public Testimony Mayor Herfert opened the public testimony portion of the hearing and asked for comments. None No one in the audience wished to address Council on the adoption of the uniform codes. Testimony closed Mayor Herfert closed the public testimony portion of the hearing. Councilmember Manners noted that this was a routine procedure, happening every three years. City Clerk presented: Ordinance 1960 - ORDINANCE 1960 - AN ORDINANCE OF THE CITY 1994 Uniform Codes COUNCIL. OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 7, ARTICLES II, III, IV, V, VI, VII, IX, DIVISION Q, ARTICLE XIII AND .CHAPTER 10, ARTICLE II OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE 1994 EDITIONS OF THE UNIFORM BUILDING CODE AND STANDARDS, UNIFORM FIRE CODE AND STANDARDS, UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM HOUSING CODE, UNIFORM MECHANICAL CODE, UNIFORM PLUMBING CODE, UNIFORM SIGN CODE, UNIFORM SOLAR ENERGY CODE AND THE 1993 EDITION OF THE NATIONAL ELECTRICAL CODE Motion by Manners and seconded by McFadden to waive further reading of the ordinance and adopt. Motion carried by roll call vote: AYES: Manners, McFadden, Touhey, Wong, Herfert NOES: None Jean Arneson Jean Arneson, 1116 Donna Beth, commented on the TeraMeth project, Item G-lb. She noted her opposition to the location and urged Council to oppose the project as well. Louis Fine Louis Fine, 1210 S. Robin Road, opposed the resolution requesting the enactment of legis- lation allowing the death penalty for minors convicted of crimes subject to capital punishment (Item C-lb). John Harrold John Harrold, 1402 S. Reynold Way, Glendora, addressed the same resolution (Item C-lb) explaining why the City of Glendora is seeking • West Covina's concurrence. Christine Degrassi Christine Degrassi, Glendora Councilmember, . gave examples of situations in which minors have been used in heinous crimes because they were underage, alleviating their older part- ners from facing capital punishment (Item C- lb). Brian Scrivens Brian Scrivens, 2540 E. Evergreen, addressed Item G-la (Horse Regulations), favoring alter- native No. 1 or No. 3, if Council was serious about changing the current regulations. • Council Minutes of 11/21/95 3 Danny Stokes Danny Stokes, 521 N. Second, Covina, addressed Council as the president of the American Little League (Item C-la) and discussed the needs of his group. Shelly Sanderson Shelly Sanderson, 2743 Vanderhoof, addressed Item G-la, recapping the history of the current horse regulations and made several suggestions to Council. Lillian Fine Lillian Fine, 1210 S. Robin, acknowledged the points made by the Glendora representatives concerning the proposed resolution (Item C-lb) but asked if this was really the best way to attack the problem of minors committing felony crimes. Cindy Beck Cindy Beck, 1504 Level Street, Covina, noted that she was the potential buyer of the horse property on Cortez. She indicated that she hadn't wished to create a stir, and commented on the comparatively restrictive and expensive horse regulations in West Covina (Item G-la). She has since purchased horse property in Walnut. Stephanie Kitzak Stephanie Kitzak, 2012 E. Workman, addressed Item G-la, stating that it was her belief that any change in the current regulations should apply only to the property in question. Mark Lottie Mark Lottie, 20421 Via Verde, Covina, addressed Council as vice president of Ridge Riders and suggested alternative No. 4 (Item G-la). Mayor Herfert stated that Council would con- sider the comments during the time the item was discussed. CONSENT CALENDAR Written Communications Letter received from the West Covina American tittle League requesting funding for improve- ments at Cortez Park. Recommendation is that the request be included in the 1996 Capital Improvement Program process. Letter received from the Mayor of Glendora requesting Council adopt a resolution calling for lowering the age of imposing the death penalty, requesting reforms in the juvenile justice system and calling for the justice system to begin to execute those convicts currently on death row. Recommendation of the Police Department is to adopt the proposed resolution. Commission Summary of Actions (receive & file) Planning Commission 11/14/95 Senior Citizens' Commission 11/09/95 Claims for Action (deny & notify claimant) On September 6, 1995, the City Clerk's Office received a claim for personal injuries from Elizabeth Salazar. The amount of claim had not been determined at time of presentation. Council Minutes of 11/21/95 On August 24, 1995, the City Clerk's Office received a claim for personal injuries from Laura Villanueva. The amount of claim had not been determined at time of presentation. • On August 16, 1995, the City Clerk's office received a claim for property damage amounting to $7,337.81 from Suzanne & Alwin E. Winnen (by National General Insurance Company). Temporary Use Permits (receive & file) TUP #2284-95 was issued to Wells Fargo Bank, 1512 E. Amar, for a Halloween Festival on October 31. TUP #2290-95 was issued to West Covina Nissan, 1840 E. Garvey, for a radio promotional on October 28, 1995. TUP #2292-95 was issued to Longo Mercedes, 2016 E. Garvey, for a grand opening cele- bration on November 9, 1995. City Treasurer's Report (receive & file) Report for the month of September, 1995. Award of Bids 1) SP 96112 - Street Rehabilitation Work - Slurry Seal SP 96112 - Doug Martin Contracting Co. Recommendation is to'a) transfer $33,559 from TS 92108 and $1, 873 from SP 93115 and $17,639 from Project 94128 and $54,929 from Project 96102 to SP 96112 (total transfer: $108,000); b) approp- riate $25,000 from unappropriated Prop ill Fund balance (126-300) to SP 96112; and c) accept the bid of Doug Martin Contracting Co, La Habra, in the amount of $119,656.71 as submitted at the bid opening of 11/7 and authorize the Mayor and City Clerk to execute the contract. 2) SP 96113 - Street Rehabilitation Work - Asphaltic Concrete Overlay SP 96113 - Laird Construction Co. Recommendation is to a) transfer $394,000 from SP 96101 to SP 96113; and b) accept the bid of Laird Construction Co., Rancho Cucamonga, in the amount of $341,445 as submitted at the bid opening of 11/7 and authorize the Mayor and City Clerk to • execute the contract. • 3) PP 95227, 96250, 96252, 96253 - Park Playground Barrier Removal & Improvements Park Playground Barrier Removal & Improvements' Recommendation is to accept the bid of Hondo Company, Santa Ana, in the amount of $169,306 as submitted at the bid opening of 11/6 and authorize the Mayor and City Clerk to execute the contract. • • Council Minutes of_11/21/95 4) WCT-95-1 Summit Landscaping 5 City Tree Contract - WCT-95-1 The current City tree service contractor, Mariposa Horticultural Enterprises, Inc., has submitted a 90-day notice of termi- nation. Recommendation is to accept the bid of Summit Landscaping, Anaheim, for the remainder of the two year contract for 17 months between 2/96 and 7/97 for the amount of $171,377 ($120,972.22 annually) and authorize the Mayor and City Clerk to execute the contract. Miscellaneous - Public Works GP 94306 - Seismic Upgrade and Tenant Improve - went at West Covina Chamber of Commerce - Approval of Plans and Specifications GP 94306 - Recommendation is to approve the plans and Plans & specs approved specifications for GP 94306 and authorize the `_ City Engineer to call for bids. Miscellaneous - Human Services Request for Permission to Sell Beer and Wine at the Senior Citizens' Center Resolution 9276 - Recommendation is to adopt the following: Rotary Club RESOLUTION.NO. 9276 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, APPROVING THE SALE AND CONSUMPTION OF BEER AND WINE AT THE ROTARY CLUB FUND RAISER ON MARCH 2, 1996 AT THE WEST COVINA SENIOR CITIZENS' CENTER Miscellaneous - Police Department 1) . Alcoholic Beverage Control Grant Resolution 9277 - Recommendation is to adopt the following: Alcoholic Beverage RESOLUTION NO. 9277 - A RESOLUTION OF THE Control Grant CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- FORNIA, AUTHORIZING THE PARTICIPATION OF THE WEST COVINA.POLICE DEPARTMENT AS A CO -GRANTEE IN A STATE ALCOHOLIC BEVERAGE CONTROL GRANT WITH THE CITIES OF BALDWIN PARK AND COVINA 2) Replacement of Traffic/Crime Analysis Furniture Police Dept. furniture Recommendation is to a) find that the Los Angeles County bid is at least as stringent as that used by the City. The County bid satis- fies the.formal bid process per WCMC S 2-333, and justifies the waiver of the formal bid process and purchase the office furniture and dividers at the County bid price furnished by L.A. Interior Systems, Inc., and b) allow the purchase and installation of the specified office furniture and dividers from L.A. In- terior Systems, Inc. for $15,097.72 plus tax and installation. CONSENT CALENDAR MOTION Motion by Manners and seconded by McFadden to waive reading of the resolutions and adopt, and to approve all other items listed on the Consent Calendar except: C-la, C-lb, and C-7d. Motion carried by roll call vote: AYES: Manners, McFadden, Touhey, Wong, Herfert NOES: None Council Minutes of 11/21/95 6 Item C-la Human Services Director Salazar briefly des- cribed the requests of the American Little League, reiterating the recommendation to include the request in the CIP process for next year. Councilmember Wong stated that the City • Council has provided funds this year for so many other little leagues, that he suggested Council move forward at this time to assist the league. Mayor Pro Tem Touhey concurred. Councilmember Manners supported the staff recommendation to consider the request during the regular process. Motion by Manners and seconded by McFadden to approve the staff recommendation. Motion failed 1-4 with McFadden, Touhey, Wong and Herfert voting no. Motion by Wong and seconded by Touhey to refer this matter to staff to bring back funding alternatives and to reduce costs as much as possible. Motion carried 4-1 with Manners voting no. Item C-lb Council discussed the proposed resolution from Glendora regarding lowering the age to 15 for those who commit crimes that carry the death penalty. Councilmember Manners acknowledged both sides of the issue, but wasn't so sure that this was dealing with the problem from the right end. She preferred life imprisonment with no chance of parole. Mayor Pro Tem Touhey said ifyou do the crime you do the time and would support the resolution. Councilmember Wong noted the difference between ordinary teenagers and those that are targeted by the resolution. Councilmember McFadden supported more education, better role models, etc., but would support the resolution. City Clerk presented: Resolution 9278 - RESOLUTION NO. 9278 - A RESOLUTION OF THE re death penalty CITY COUNCIL OF THE CITY OF WEST COVINA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, REQUESTING ENACTMENT OF LEGISLATION ALLOWING FOR THE DEATH PENALTY OF MINORS CONVICTED OF CRIMES SUBJECT TO CAPITAL PUNISHMENT Motion by Touhey and seconded by Wong to waive further reading of the resolution and adopt. Motion carried 4-1 with Manners voting no. Item C-7d In relation to the proposed furniture for the Crime Analyst/Traffic Division of the Police Department, Councilmember Wong asked about • available funding and the matter of replacing the glass in the front lobby. Council concurred with the City Manager's • suggestion to hold this matter over to the next Council meeting for additional infor- mation. END OF CONSENT CALENDAR PUBLIC WORKS No reports for this meeting. Council Minutes of 11/21/95 WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports for this meeting. ENVIRONMENTAL SERVICES No reports for this meeting. • PLANNING DEPARTMENT 1) HORSE REGULATIONS RELATING TO SINGLE- FAMILY RESIDENTIAL ZONED PROPERTIES Planning Director Collier elaborated on the staff report, remarking that staff was looking for direction from Council. Each of the Councilmembers stated that they were not inclined to change the recently adopted regulations; however, the situation in which horse property abuts smaller non -horse properties should be reviewed, in fairness to the adjacent property owners. Motion by Manners and seconded by Wong to send the matter to the Planning Commission with direction that the cur- rent regulations are not to be changed and to address possible changes to the zoning code regarding keeping horses in AD III on inappropriate properties. Motion carried 5-0. Recess Mayor Herfert called a recess at 9:47 pm. Council reconvened at 10:01 pm with all members present. 2) AGREEMENT WITH AIR QUALITY MANAGEMENT DISTRICT RE: PAYMENT FOR TERAMETH ENVIRONMENTAL REVIEW DOCUMENT Mayor Herfert noted that this item had been pulled forward for a hold over action and would be discussed at the next meeting. However, a representative from South Coast AQMD asked to speak and Mayor Herfert responded in the affirmative. Mr. Paul Weubbon addressed Council and responded to questions and comments posed by the Councilmembers. Redevelopment Agency Mayor Herfert recessed the City Council meeting at 10:17 pm to convene the Redevelop- ment Agency meeting. The City Council reconvened at 10:40 pm. REDEVELOPMENT AGENCY REDEVELOPMENT AGENCY ANNUAL REPORT The annual report was presented by Redevelop- ment Agency Manager Yoshizaki during the RDA's meeting and the recommendation is to receive and file the report as the City Council. Motion by Touhey and seconded by Herfer.t to receive and file the Redevelopment Agency Annual Report for fiscal year 94/95, which includes the Agency financial audit, as certi- fied by Moreland and Associates, independent • auditors. Motion carried 5-0. HUMAN SERVICES No reports for this meeting. PUBLIC SAFETY SERVICES No reports for this meeting. ADMINISTRATIVE SERVICES No reports for this meeting. Council Minutes of 11/21/95 GENERAL ADMINISTRATION OFFICE OF THE CITY CLERK M OPTIONS REGARDING ADVISORY MEASURE Assistant City Manager Wylie elaborated on the staff report, reviewing the various options cussed in the staff report. County Library CFD Mayor Pro Tem Touhey stated that he could not support this tax measure unless there was a 2/3 majority vote of the people in support of the assessment and.it included a 2% cap. Councilmember Wong stated that he was opposed to the expenditure of $50,000 to place this matter on the March 196 ballot. He felt the response to a citywide poll would give limited results, and favored instead a widely publicized public hearing. In response to a question posed by Councilmember McFadden, City Attorney Dixon explained that the proposed CFD was not, by definition, a general tax and therefore Prop 62 did not apply to this issue. Mayor Herfert noted that three months ago he favored the placement of this issue on the March 196 ballot as he was uncomfortable imposing this assessment without the input of the citizens. He restated his preference for placing an advisory measure on the March 196 ballot. Councilmember Manners stated her prefer- ence for a Council' letter to either the registered voters of the City or to all the residences and businesses. She felt the results would be just as good as the election option without incurring the expense. Councilmember Wong suggested the mail ballot option because of its official nature. Mayor Pro Tem Touhey commented on the possibility of breaking away from the County Library's district and overseeing the library as a City function. This concept was met with comments relating to the enormous cost of pur- chasing the library, maintaining sufficient books and personnel. Motion by Herfert to place this matter before the voters as an advisory measure on the March 196 election ballot. Motion died for lack of a second. Motion by Manners to direct staff to pre- pare a council letter to every registered voter of the community. Motion died for lack of a second. Councilmember. Wong suggested another option - utilizing a protest hearing format where every affected property owner, commercial and residential, receives an official ballot and those with higher proposed • assessments (the business parcels) would receive a greater weight to their vote. This idea was met with questions about the • availability of a listing of parcel owners, the various proposed assessment amounts, and the costs involved. Mr. Michael Garofalo, Regional Administrator of the Los Angeles County Library District, addressed Council with responses to some of their questions. Motion by Wong and seconded by McFadden to direct staff to report back to Council on the feasibility of the "protest hearing" option. Motion carried 5-0. Council Minutes of 11/21/95 APPROVAL OF DEMANDS Motion by Herfert and seconded by Touhey to approve demands totaling $1,006,527.28 as listed on check registers FI 159220 through 158938. Motion carried by roll call vote: • AYES: Manners, McFadden, Touhey, Wong, Herfert NOES: None ABSTAIN: Herfert re SCE Touhey re Future America, Community Food Bank, and ESGV R.O.P. ORAL COMMUNICATIONS Tom Safran of Safran and Associates addressed Council as the developer of the Lark Ellen Tower site. He requested Council consider a study session in the very near future about this development. MAYOR'S REPORTS Motion by Manners and seconded by Touhey to approve a Resolution of Commendation for Lt. Loretta Smith, retiring with eighteen years of service in the Police Department. Motion carried 5-0. ERS' REPORTS Councilmember Wong stated that he would not be able to attend the December 19th Council meeting and asked if there.was any possibility that the meeting would be cancelled. City Manager Starbird noted that with the upcoming items for Council consideration and upcoming holidays, it would be easier to cancel the first meeting in January of 1996. Councilmember McFadden asked the status of Fred Gratz, a commissioner who was recently hospitalized. Councilmember Manners stated that he was now home and coming along just fine. Mr. McFadden also asked about a memo from the City Attorney regarding majority voting of the Council. ADJOURNMENT Motion by Touhey and seconded by Herfert to adjourn the meeting at 11:52 pm. Motion carried 5-0. ATTEST: l�U • :sy--C'IClerk Janet Berry