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:
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• :sy--C'IClerk Janet Berry