03-01-1994 - Regular Meeting - MinutesM I N U T E S
REGULAR MEETING
WEST COVINA CITY COUNCIL
March 1, 1994
• The regular meeting of the West Covina City Council was called to order
by Mayor Jennings at 7:50 pm in the City Hall Council Chambers, 1444 W.
Garvey Avenue, West Covina. The invocation was given by Father Ray Smith
of St. Martha's Senior Care Center and the Pledge of Allegiance was led
by Councilmember Herfert.
ROLL CALL Mayor Jennings, Mayor Pro Tem Wong, Council -
members Herfert, Manners, McFadden
Others Present: Starbird, Wylie, Orr, Thomas, Greene, Miller,
Evans, Distelrath, Koniarsky, Collier, Glover,
Salazar, Samaniego, Yoshizaki, Mariscal, Janis,
Berry, Hanna, Patton, Shott, Cheramie, Fernald,
Heieck
APPROVAL OF MINUTES Motion by Herfert, seconded by McFadden, and
unanimously carried to approve the minutes of
the regular meeting of February 15, 1994.
PRESENTATION Fire Chief Greene introduced Fire Captain Bill
Nolan and his fire crew in recognition of a
recent residential fire wherein they saved the
life of a four -month old baby.
PROCLAMATIONS Mayor Jennings proclaimed March 5, 1994, as
ARBOR DAY and presented the proclamation to Tina
Daniels and Geneva Nixon.
Mayor Jennings proclaimed March 20 through March
26, 1994, as MEDIATION WEEK and presented the
proclamation to Ellen Sherwood of the Claremont
Dispute Resolution Center.
Mayor Jennings called to order the Redevelopment
Agency at 8:10 pm to conduct a joint public
hearing with the City Council.
HEARING CONTINUED JOINT PUBLIC HEARING ON THE PROPOSED
DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN
THE REDEVELOPMENT AGENCY AND FIVE STAR
ENTERPRISES (WEST COVINA NISSAN)
Mayor Jennings noted that the hearing had been
opened February 15 and was held over until this
evening. The staff report was presented by
Redevelopment Agency Manager Yoshizaki. Mr.
Yoshizaki stated that the record contained the
following documents:
• a) The DDA between Five Star Enterprises
and the West Covina Redevelopment Agency.
b) The Summary Report, commonly referred
to as 33433 of the Health & Safety Code.
Public —Testimony Mayor Jennings opened the public testimony
portion of the hearing and asked if any written
communications had been received in favor of the
proposed DDA.
In Favor:
City Clerk responded that no written
communications had been received. Mayor
Jennings then asked for verbal comments in favor
and the following individual address Council:
Tim Valles
Tim Valles, General Manager of Nissan,
noted that they would also be selling the
Hundai and KIA lines (both Korean
vehicles).
• In Opposition:
Mayor Jennings asked if any written
communications had been received in opposition
and the City Clerk responded that a letter dated
January 27, 1994 had been received from Ziad
Alhassen, President of Hassen Development
Company. In his letter, Mr. Alhassen urged
Council to consider his alternate proposal.
Mayor Jennings then asked for verbal comments in
opposition and the following individual
addressed Council:.
Ziad Alhassen
Ziad Alhassen of Hassen Development Company
made several points: 1) he referred to a
previous letter dated 11/17/93, 2) offered
to purchase the property in question for
$500,000.00, 3) stated that he had the KIA
line, and requested continuation of the.
hearing so Agency staff could consider his
proposal.
Royal Brown
Royal Brown, 2153 Aroma Drive, suggested
the City conduct an auction either publicly
or privately between the two competitors.
In Rebuttal:
Mayor Jennings asked for rebuttal comments and
Mr. Valles addressed Council.
Tim Valles
Tim Valles of Nissan responded to Mr.
Alhassen's comments and Council
questions.
Public —Testimony —Closed Mayor Jennings closed the public testimony
portion of the hearing. Before commencing with
Council comments, staff clarified the
negotiation process used during the preparation
of the DDA, the size of the property, and that
the offer by Mr. Alhassen was revealed just this
evening.
Council Comments Councilmember McFadden stated that he could not
make a decision tonight based on the lack of
information about Mr. Alhassen's proposal.
Councilmember Herfert stated that he wasn't
opposed to holding this matter over for another
two weeks, if it didn't effect either party.
Mr. Valles of West Covina Nissan stated that a"
delay would cause some trouble as the process
has taken nine months already, and he preferred
to move ahead this evening.
Mayor Jennings stated that West Covina Nissan has
been dealing in good faith with the
Redevelopment Agency and any further delays
would effect the City's integrity.
Councilmember Manners stated that she favored
the Nissan proposal as it has more substance.
And in as much as she hates delaying the
project, there does seem to be some facts in
dispute. In fairness to both parties, she
suggested waiting two more weeks to give staff
a chance to meet with Mr. Alhassen to solidify
his proposal and analyze it for a recommendation
back to Council.
City Council Minutes of 3/1/94
Councilmember McFadden noted that he didn't like
delaying the project either and didn't like the
last minute maneuvering by Hassen Development.
The Hassen proposal should have been submitted
• earlier to staff for analysis.
Mayor Pro Ten Wong agreed with Mayor Jennings in
that Five Star Enterprises has been dealing in
good faith with West Covina, and Mr. Alhassen
wouldn't appreciate the City suddenly
considering a last minute proposal in place of
one of his. He stated he was ready to support
the staff recommendation this evening.
City Council Action Mayor Jennings asked for the reading of the
resolution heading. City Clerk presented:
RESOLUTION NO. 9057 - A RESOLUTION OF THE
CITY COUNCIL OF. THE CITY OF WEST COVINA
CONSENTING TO THE APPROVAL BY THE REDEVELOPMENT
AGENCY OF THE CITY OF WEST COVINA OF THE
DISPOSITION AND DEVELOPMENT AGREEMENT BY AND
BETWEEN THE REDEVELOPMENT AGENCY AND FIVE STAR
ENTERPRISES AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
Motion by Herfert, seconded by McFadden to
hold over this matter until the next Council
meeting of March 15, 1994. Motion carried with
Wong and Jennings voting no. Staff was directed
to report back to Council with the details of
both proposals.
Redevelopment Action In light of the previous motion, the
Redevelopment Agency held over the item until
March 15, 1994.
Redevelopment Agency recessed Mayor Jennings recessed the Redevelopment
Agency at 9:27 pm to continue the City
Council Agenda.
AGENDA AND ORAL
Michael Jones, Chairman of the Parade Committee,
stated that he was available to answer questions
regarding Item H-4 (Fourth of July Parade
Committee Update).
Iris Delameter, 1212 W. Eckerman, supported
Option No. 1 of Item H-1 (Foothill Monthly Bus
Pass Subsidy), favored the concept of H-2
(Transit Authority), and commented on the Police
Chief's Annual Report (Item I-1) feeling that
emphasis should be placed on response time.
Tom Scheuerell, 452 S. Leaf Avenue, appreciated
council's action at the last meeting regarding
the Metrolink subsidy and. made a couple of
suggestions: a) form a commission to oversee
public transit funds and b) market subsidy
programs more effectively throughout the City.
Royal Brown, 2153 Aroma Drive, suggested the
City go to the Health Department regarding BKK's
third vinyl chloride violation.
•
0
City Council Minutes of 3/l/94
PUBLIC SAFETY
Anthony Ramirez, candidate for an assembly
district position, asked that an "official
communique" that he had in hand be given to
Councilmember McFadden. �
Mayor Pro Tem Wong responded to Mr. Brown's
comment, reading the BKK vinyl chloride notice
addressed to "Dear Resident." City Manager
Starbird added that the LEA is trying to take a
coordinating role in getting responses from the
various regulatory agencies.
Mayor Jennings pulled Item I-1 forward for
consideration at this time.
POLICE DEPARTMENT - ANNUAL REPORT
Police Department - Police Chief Distelrath presented the annual
Annual Report report on crime data and police related
activities for calendar year 1993.
Motion by Manners, seconded by Wong, and
unanimously carried to receive and file the
report.
Recess Mayor Jennings recessed the City Council meeting
at 10:20 pm and reconvened the Council at 10:30
pm. All members were present.
HUMAN SERVICES
Mayor Jennings. pulled Item H-2 forward for
consideration at this time.
TRANSIT SECURITY
Transit Authority Human Services Director Salazar presented the
staff report, discussing the use of Prop A funds
for transit security officers.
Motion by Herfert, seconded by Manners, and
unanimously carried to receive and file.
CONSENT CALENDAR Written Communications (none received)
Commissions/Summary of Actions (receive & file)
Human Services 2/8/94
Personnel 2/9/94
Planning . .2/22/94
Senior Citizens' 2/13/94
Waste Mgmt./Environmental Quality 2/17/94
Claims for Action (deny & notify claimant)
A claim for property damages amounting to $10,000
was received from Sharron A. Bartulis on
9/23/93.
A claim for property damages amounting to $112.00
was received from W. Carroll Moyer on 1/10/94.
A claim for personal injuries (amount unknown at
time of filing) was received from Roy L.
Valenzuela on 9/7/93.
A claim for personal injuries amounting to
$400,000 was received from Ernestine Hernandez
on 11/16/93.
4
City Council Minutes of 3/l/94
TemporarV Use Permits (receive & file)
TUP #2166-94 was issued to West Covina Nissan
for a tent sale on 2/11 - 2/22 at 1840 E. Garvey
Avenue South.
TUP #2167-94 was issued to West Covina Toyota
for a tent sale on 2/11 - 2/22 at 1800 E. Garvey
Avenue South.
TUP #2168-94 was issued to Queen of the Valley
Hospital for a Women's Conference on 2/26/94 at
1115 W. Sunset Avenue.
Acceptance,of Improvements - Release of Bonds
SP 94127 -
Location: South Garvey and Azusa Avenue.
Kalban, Inc.
Staff recommends accepting improvements and
releasing Planet Insurance Company Bond No.
P2431485 in the amount of $22,979.50 to Kalban,
Inc., subject to Notice of Completion procedure.
Traffic Committee Minutes (accept & file)
Minutes of the regular meeting held February 15,
1994.
Ordinance for Adoption (waive reading & adopt)
Ordinance 1932 -
ORDINANCE NO. 1932 - AN ORDINANCE OF THE
graffiti abatement
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, AMENDING �AND EXPANDING PROVISIONS
REGARDING ABATEMENT OF GRAFFITI
City Treasurer's Report (receive & file)
Report for the month of January, 1994.
Award of Bids
Landscape Maintenance Contract - CC-94-4R -
West Covina/Los Angeles County Civic Center
Recommendation is to accept the bid of
CC-94-4R - Creative Landscaping Inc., Anaheim, for a
Creative Landscaping five year contract in the amount of
$246,000.00 ($49,200 annually) and
authorize the Mayor and City Clerk to
execute an agreement.
2)
GP 94-312 - Recommendation is that the bid submitted by
ACCO Air Conditioning Abban Industries, Rancho Cucamonga, be
rejected as unresponsive and the second low
bid of ACCO Air Conditioning, Glendale, for
a three year contract in the amount of
$164,700.00 ($54,900 annually) be accepted
and the Mayor and City Clerk execute the
agreement with ACCO Air Conditioning.
One S.E.T. vehicle -
• Clippinger Chevrolet
Miscellaneous - Police Department
Purchase of One Special Enforcement Team (S.E.T.)
Recommendation is to take the following actions:
a) due to the nature and use of this vehicle,
find that it would be impractical to comply with
the formal bid procedures and, therefore, waive
the formal bid procedures; and b) allow staff
to purchase one unmarked vehicle from Clippinger
Chevrolet for $16,725.45 (plus tax and transfer
fees).
City Council Minutes of 3/l/94
CONSENT CALENDAR MOTION Motion by Manners, seconded by Wong to approve
all items listed on the Consent Calendar, except
Item C-7 (ordinance adoption). Motion carried
by roll call vote:
AYES: Herfert, Manners, McFadden, Wong, Jennings
NOES: None
SOrdinance adoption Mayor Pro Tem Wong noted that there was an
additional change to the ordinance presented for
adoption on page 2 and continuing to the top of
page 3.
Motion by Herfert, seconded by Manners, and
unanimously carried to waive reading of the
ordinance and adopt, incorporating the changes
noted by Mayor Pro Tem'Wong.
PUBLIC WORKS SP 93118 - VINCENT AVENUE IMPROVEMENTS
SP 93118 - Council reviewed the staff report.
Plans & specs approved Motion by Herfert, seconded by McFadden,
and unanimously carried to approve the plans and
specifications for SP 93118 (construction of
concrete pavement and median landscaping on
Vincent Avenue from the eastbound freeway ramps
southerly to West Covina Parkway), and authorize
the City Engineer to call for bids.
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA)
No reports scheduled for this meeting..
ENVIRONMENTAL SERVICES No reports scheduled for this meeting.
REDEVELOPMENT AGENCY Mayor Jennings recessed the City Council meeting
at 10:47 pm to reconvene the Redevelopment
Agency. The City Council reconvened at 11:18 pm
with all members present.
HUMAN SERVICES 1) FOOTHILL MONTHLY BUS PASS SUBSIDY
Human Services Director Salazar presented
the staff report.
Motion by Wong, seconded by Herfert,
and unanimously carried to direct staff to
include a resident bus pass subsidy program
for consideration in the 94/95 budget
process.
2) FOOTHILL TRANSIT AGREEMENT
Council reviewed the staff report.
Foothill Transit Agree. Motion by Wong, seconded by Herfert,
approved and unanimously carried to approve
Agreement. No. 93-00152 with Foothill
Transit for the sale of monthly bus passes
at reduced rates and authorize the Mayor to
execute the agreement.
• 3) FOURTH OF JULY PARADE COMMITTEE UPDATE
1995 Family Fun Days Council reviewed the staff report.
Motion by Manners, seconded by Wong,
and unanimously carried to hold over the
1993 Celebration Committee and ask them to
serve as the 1995 Family Fun Days Committee
and receive and file this report.
11
City Council Minutes of 3/l/94
Committee Chairman Michael Jones remarked
that anyone interested in serving on the
committee would be welcomed and to please
call Recreation Services.
ADMINISTRATIVE SERVICES No reports scheduled for this meeting.
CITY ATTORNEY City Attorney Hanna stated that the litigation
matter of City of West Covina vs BKK Corporation
was discussed during the closed session held
earlier in the evening.
APPROVAL OF DEMANDS Motion by Wong, seconded by Manners to approve
Demands totaling $1,845,440.46 as listed on
check registers FI 145864 through 146172.
Motion carried by roll call vote:
AYES: Herfert, Manners, McFadden, Wong, Jennings
NOES: None
ABSTAIN: Herfert re SCE billing
ORAL COMMUNICATIONS Michael Touhey, 223 N. Toland, asked for a
clarification regarding the sale and purchase of
four homes by the Redevelopment Agency. The
City Attorney responded.
MAYOR'S REPORTS
No reports offered.
COUNCILMEMBERS' REPORTS Councilmember Manners requested that staff place
on the next agenda for Council's consideration:
forty years of community service by the West
Covina Rotary Club.
ADJOURNMENT
ATTEST:
(� Z�. " r
City'Clerk Janet Berr
Councilmember McFadden commented on the
dedication ceremony for the police memorial and
the retirement party for Eugene Moses, Mayor of
Azusa.
Councilmember Herfert requested that staff
contact and agendize awards for West Covina
Youth Football - awards for scholastic
achievement. Staff should contact Dino Diaz on
this matter.
Motion by Herfert,
unanimously carried
11:43 pm.
7
seconded by McFadden, and
to adjourn the meeting at