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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