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03-15-1994 - Regular Meeting - Minutes• M I N U T E S REGULAR MEETING WEST COVINA CITY COUNCIL March 15, 1994 The regular meeting of the West Covina City Council was called to order by Mayor Jennings at 7:35 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.. The invocation was given by Rev. Jim Kilinksy of First Baptist Church and the Pledge of Allegiance was led by Councilmember McFadden. ROLL CALL Mayor Jennings, Mayor Pro Tem Wong, Councilmembers Herfert, Manners, McFadden Others Present: Starbird, Wylie, Orr, Hanna, Koniarsky, Collier, Banks, Greene, Clark, Cleary, Salazar, Panas, Samaniego, Evans, Lennard, Yoshizaki, Dillon, Ure, Virata, Glover, Keating, Jarin, Patton, Miller, Mariscal, Berry APPROVAL OF MINUTES Motion by Herfert, seconded by Manners, and unanimously carried to approve the minutes of the special meeting of March 1, 1994; the minutes of the regular meeting of March 1, 1994; and the minutes of the special meeting of March 7, 1994. Mayor Jennings called to order the Redevelopment Agency at 7:40 pm to conduct the following joint public hearing. HEARING Continued Joint Public Hearing on the Proposed Disposition and Development Agreement between the Redevelopment Agency and Five Star Enterprises (West Covina Nissan) DDA w Five Star Redevelopment Agency Manager Yoshizaki presented Enterprises the staff report. The purpose of continuing the hearing until this evening was to permit Mr. Ziad Alhassen to put in writing a proposal that he verbally proposed at the last meeting. Although Mr. Alhassen did not submit a written proposal, Mr. Yoshizaki related the points discussed with Mr. Alhassen from a recent meeting and then reviewed Five Star Enterprises' proposal. Staff responded to Council comments and questions. Mayor Jennings permitted Mr. Orval Paul of Five . Star Enterprises to address Council, and .then Mr. Alhassen of West Covina Toyota to address Council. City Council Action City Clerk presented: RESOLUTION NO. 9057 - A RESOLUTION OF THE Resolution 9057 - CITY COUNCIL OF THE CITY OF WEST COVINA CON - approving the DDA SENTING TO THE APPROVAL BY THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA OF THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND City Council Minutes of 3/15/94 2 BETWEEN THE REDEVELOPMENT AGENCY AND FIVE STAR ENTERPRISES AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH Motion by Manners, seconded by Jennings to waive further reading of the resolution and adopt. Council discussion Councilmember Herfert enumerated the pros and cons of each proposal. Councilmember Manners noted her appreciation for each proposal but felt Nissan's was the more logical proposal to approve. She stated that Council already postponed the matter for two weeks and she was not willing to continue it any longer. Mayor Jennings stated that there was not enough information presented this evening to change his vote from the last meeting. The motion passed by the following roll call vote: AYES: Herfert, Manners, McFadden, Wong, Jennings NOES: None Redevelopment Action Secretary Berry presented: RESOLUTION NO. 460 - A RESOLUTION OF THE Resolution 460 - REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA approving DDA APPROVING AND AUTHORIZING THE EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF WEST COVINA AND FIVE STAR ENTERPRISES AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH Motion by Wong, seconded by Manners to waive further reading of the resolution and adopt. Motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Jennings NOES: None Mayor Jennings recessed the Redevelopment Agency at 8:27 pm to continue the City Council Agenda. HEARING PROCESS STREAMLINING/UPDATE AMENDMENT (AMENDMENT NO. 258) Amendment No. 258 City Clerk Berry verified the affidavit of publication and Mayor Jennings opened the hearing. The staff report was presented by Planning Director Collier, who discussed the proposed changes to the Municipal Code and responded to Council's questions and comments. Public —Testimony Mayor Jennings opened the public testimony portion of the hearing and asked for comments. The following individuals addressed Council: Iris Delameter Iris Delameter, 1212 W. Eckerman, voiced opposition to the proposed billiard parlor provisions. Baalah Drooks Baalah Drooks, 1632 S. St. Malo Street, voiced similar concerns as those expressed by Ms. Delameter. Ms. Drooks submitted a letter • for the file. Bob Bacon Bob Bacon, attorney representing Shooters, supported the billiard parlor provisions in the proposed ordinance, feeling it was a good com- promise for all parties concerned. Mark Karlan Mark Karlan, representing the landlord of the former Red Onion Restaurant, supported the proposed provisions. City Council Minutes of 3/15/94 3 Alan Fronke Alan Fronke, American Restaurant Group (which owns National Sports Bar & Grill), spoke in support of the billiard provisions. National Sports Bar & Grill will be leasing the Red Onion Restaurant site. Mr. Fronke submitted a letter from the Buena Park Police Chief denoting cooperation and responsiveness to the community by National Sports Bar & Grill. Mike Mohajer Mike Mohajer, 738 S. Hillward, noted a particular billiard parlor in town that draws undesirables into the area. Mayor Jennings asked if anyone would like to rebut the comments made in opposition and the following person addressed Council: Bob Bacon Bob Bacon compared the outdated billiard parlor provisions against the proposed provisions as being more reflective of the current times. Public —Testimony —Closed Mayor Jennings closed the public testimony portion of the hearing to commence Council discussion. Mayor Pro Tem Wong opposed the regulation enabling billiard parlor establishments to offer separate menus: one for liquor and another for food. He argued the advantages of offering food selections to patrons ordering liquor. He also discussed the proposed mandatory staff reviews of business operations for the purpose of ensuring compliance with the conditions of approval for CUPS. Feeling that would be time and labor intensive, he suggested changing the ordinance language of "shall" to 11may.11 City Clerk presented: Ordinance introduced AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING AN AMENDMENT TO CERTAIN SECTIONS OF CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE, TO INCREASE UNDERSTANDABILITY OF REGULATIONS, IMPROVE EFFICIENCY IN APPROVAL PROCEDURES WHERE DEEMED APPROPRIATE, AND REVISE REGULATIONS TO RESPOND TO CHANGES OVER TIME TO CERTAIN LAND USES, INCLUDING ESTABLISHMENTS THAT SERVE ALCOHOL AND BILLIARD PARLORS (Amendment No. 258: Process Streamlining/Update) Main motion Motion by Wong, seconded by McFadden to waive further reading of the ordinance and introduce, with changes for periodic reviews and delete'reference to separate menus. Substitute motion A substitute motion was offered by Herfert, seconded by Manners to strike references in 8(i) through 8(vi) to effectuate a change to disallow persons less than 21 years from entering main use billiard parlors. After further discussion, the motion failed by roll call vote: AYES: Herfert • NOES: Manners, McFadden, Wong, Jennings Amended motion Back to the main motion - Councilmember McFadden made several comments which generated further discussion. Motion by McFadden, seconded by Wong to amend the main motion to a) eliminate Karoke requirements from Conditional Use Permits regulations and b) increase the number of billiard tables from 3 to 4. Planning Director Collier stated that the change in the • • City Council Minutes of 3/15/94 4 number of billiard tables would require review by the Planning Commission. Councilmember McFadden excluded the increase in the number of billiard tables from his motion. Amended motion carried with Manners and Jennings voting no. Additional motion Motion by Manners, seconded by Herfert to amend the proposed ordinance to restrict persons under the age of 21 after 10:00 pm in main use billiard parlors. Motion failed with McFadden, Wong, and Jennings voting no. Motion to table Motion by McFadden to table the main motion dies for lack of a second. Action on main motion Action was taken on the main motion which passed with Herfert and Jennings voting no. As there was confusion on the voice vote, Mayor Jennings asked for a roll call vote for clarification: AYES: Manners, McFadden, Wong NOES: Herfert, Jennings Recess Mayor Jennings recessed the City Council meeting at 10:40 pm. Council reconvened at 10:47 pm with all members present. AGENDA AND ORAL COMMUNICATIONS Janis Bonneville Janis Bonneville,, 1521 Fairway Knolls, commented on Item I-1 (Helicopter Surveillance Service) and Item E-1 (Solid Waste Facility Permit). Bob Bacon Bob Bacon, attorney representing the property owner of 220 S. Vincent Avenue, addressed Item III on the Redevelopment Agency agenda (Proposed Acquisition of 220 South Vincent Avenue). Mike Mohajer Mike Mohajer, 738 S. Hillward, commented on Item E-1 and submitted his letter for the record. He requested that the City take steps to inform the citizens about BKK, particularly health and safety issues. Lollie Bergman Lollie Bergman, 426 S. Leaf, addressed RDA Item II, urging elimination of loans to absentee owners from the proposed expansion of the Home Improvement Program. Jean Arneson Jean Arneson, 1116 Donna Beth, suggested imposing fines to BKK for their delay in submitting the required closure plans. She took exception to the contents of an ad placed in the San Gabriel Valley Tribune by the BKK Corporation. Janis Bonneville Janis Bonneville, 1521 Fairway Knolls, began requesting the incumbent candidates to voice their positions regarding BKK when the Mayor gaveled her down as being out of order. Councilmember Herfert desired to answer the question and was also gaveled down. Mayor Jennings stated that political campaigning would not be allowed. Mayor Jennings moved forward the following Agenda item for consideration at this time. • LJ City Council Minutes of 3/15/94 5 PROPOSED REFINANCING OF QUEEN OF THE VALLEY HOSPITAL CERTIFICATES OF PARTICIPATION Council reviewed the staff report. Finance Director Koniarsky introduced Elvia Foulke, Chief Financial Officer of Queen of the Valley Hospital, and Steven Maler of Orrick, Herrigton & Sutcliffe (bond counsel) who both addressed Council regarding the proposed refinancing. Hearing set: 4/5/94 Motion by Manners, seconded by McFadden, and unanimously carried to set April 5, 1994, as the date of the public hearing on the proposed certificates of participation. CONSENT CALENDAR Maintenance Director Glover briefly addressed the contract award for the construction of a new Fire Station No. 2 on Cortez Street. Council - member Herfert remembered this project in its beginning stages several years ago and was glad to see it about to unfold. Written Communications (receive & file) Letter received from San Gabriel Valley Water Company notifying the City Council of a certain contaminant found in one of the company's wells. The letter also emphasized that the water is being treated before distribution to its customers and meets all state and federal drinking water standards. Commission Summary of Action (receive & file) Planning Commission 3/8/94 Personnel Commission 3/9/94 Temporary Use Permits (receive & file) TUP #2169-94 was issued to Mervyn's for a side- walk sale on 3/18 through 3/20 at Eastland Center. Acceptance of Improvements/Release of Bonds PP 93218 - Improvements at Del Norte Park are complete. Tamang Electric Recommendation is to accept the improvements and authorize release of Explorer Insurance Company Bond #1268200 in the amount of $13,979.80 to Tamang Electric, subject to Notice of Completion procedures. GP 94307 - Improvements are complete at Fire Station No. 3. Coast Roof Company Recommendation is to accept the improvements and authorize release of Firemen's Fund Insurance Company Bond #7404927 in the amount of $17,058.00 to Coast Roof Company, subject to Notice of Completion procedures. Award of Bid - GP 87308 - Contract for New Fire GP 87308 - Recommendation is to take the following actions: Arm-N-Son, Inc. a) Transfer $1,256,500 from Capital Projects designated reserves account to GP 87308; and b) Accept the bid of Arm-N-Son, Inc., in the amount of $1,293,000 as submitted at the bid City Council Minutes of 3/15/94 11 opening of March 3,, 1994, and authorize the Mayor and City Clerk to execute the contract. Miscellaneous - City Clerk: • General Municipal Election of April 12, 1994 Recommendation is to adopt the following: Resolution 9058 - RESOLUTION NO. 9058 - A RESOLUTION OF THE polling places, etc. WEST COVINA CITY COUNCIL ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE APRIL 12, 1994 ELECTION Resolution 9059 - RESOLUTION NO. 9059 - A RESOLUTION OF THE ordering the canvass CITY COUNCIL OF THE CITY OF WEST COVINA ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 12, 1994 BE MADE BY THE CITY CLERK Miscellaneous - Finance: Surplus Property (adopt resolution) Resolution 9060 - RESOLUTION NO. 9060 - A RESOLUTION OF THE surplus property CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DECLARING CERTAIN CITY PROPERTY AS SURPLUS CONSENT CALENDAR MOTION Motion by Manners, seconded by Herfert to waive further reading of the resolutions and adopt, and to approve all other items listed on the Consent Calendar. Motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Jennings NOES: None PUBLIC WORKS NATIONAL POLLUTION DISCHARGE AND ELIMINATION SYSTEM CONSULTANT AGREEMENT Council reviewed the staff report. Boyle Engineering Motion by Herfert, seconded by McFadden, and unanimously carried to authorize the Mayor and City Clerk to execute a Consultant Agreement with Boyle Engineering in an amount not to exceed $33,400 to provide engineering services in connection with the National Pollution Discharge and Elimination System Program. WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) BKK LANDFILL SOLID WASTE FACILITY PERMIT (SWFP) REVISION UPDATE BKK SWFP Update Council reviewed the staff report and the attached memorandum from legal counsel. Special Counsel Lennard responded to Council questions • and explained the reasons for the current position regarding the SWFP. Motion by Manners, seconded by McFadden, and unanimously carried to receive and file the report. ENVIRONMENTAL SERVICES No reports scheduled for this meeting. City Council Minutes of 3/15/94 COMMUNITY DEVELOPMENT SERVICES 7 Redevelopment Agency Mayor Jennings recessed the City Council meeting at 11:50 pm to convene the Redevelopment Agency. The City Council meeting reconvened at 12:28 am with all members present. • RDA Item Home Improvement Program - Expansion Proposal Project Manager Evans presented the staff report and Home Improvement Coordinator Banks presented slides of before and after residences utilizing the available loans. Home Improvement Motion by Herfert, seconded by Manners, and Program unanimously carried to approve the expanded Home Improvement Program, deleting references to rental properties. HUMAN SERVICES No reports.scheduled for this meeting. PUBLIC SAFETY POLICE DEPARTMENT HELICOPTER SURVEILLANCE SERVICE Helicopter Services Council reviewed the staff report. Motion by Manners, seconded by McFadden, and unanimously carried to authorize the Police Chief to enter into service agreements with appropriate helicopter service firms, within the available budget. ADMINISTRATIVE SERVICES PERSONNEL APPROVAL OF RECLASSIFICATION OF BIIILDING PERMIT CLERK AND ONE ENGINEERING TECHNICIAN POSITION TO BIIILDING/ENGINEERING PERMIT TECHNICIAN Council reviewed the staff report. City Clerk presented: Resolution 9061 - RESOLUTION NO. 9061 - A RESOLUTION OF THE Permit Technician CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 7223 RELATING TO CLASSIFICATION AND COMPENSATION OF POSITIONS, AS AMENDED, AND AMENDING RESOLUTION NO. 8907 RELATING TO CLASSIFIED SALARIES, AND APPROVING THE, RECLASSIFICATION OF A CLASSIFIED NON-EXEMPT BUILDING PERMIT CLERK POSITION AND ONE ENGINEERING TECHNICIAN POSITION TO THE POSITION OF BUILDING/ENGINEERING PERMIT TECHNICIAN Motion by Manners, seconded by Herfert, and unanimously carried to waive further reading of the resolution and adopt. GENERAL ADMINISTRATION CITY MANAGER 1) LEGISLATIVE PLATFORM Council reviewed, the staff report. Legislative Platform Motion by Manners, seconded by Herfert, and unanimously carried to adopt a legislative platform for the current legislative session. • City Council Minutes of 3/15/94 8 2) SELECTION OF A REPRESENTATIVE AND AN ALTER- NATE TO THE GOVERNING BOARD OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (COG) Council reviewed the staff report. Motion by Wong, seconded by Herfert, and unanimously carried to select Councilmember Manners as the representative to the San Gabriel Valley Council of Governments. Motion by Herfert, seconded by McFadden to select Councilmember McFadden as the alternate representative. Motion carried by roll call vote: AYES: Herfert, Manners, McFadden NOES: Wong, Jennings City Clerk presented: Resolution 9062 - RESOLUTION NO. 9062 - A RESOLUTION OF COG representatives THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, NAMING COUNCILMEMBER MANNERS AS THE GOVERNING BOARD REPRESENTATIVE TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, AND COUNCILMEMBER MCFADDEN AS THE ALTERNATE Motion by Herfert, seconded by McFadden, and unanimously carried to waive further reading of the resolution and adopt. APPROVAL OF DEMANDS ORAL COMMUNICATIONS MAYOR'S REPORTS COUNCILMEMBERS' REPORTS ADJOURNMENT ATTEST: City Clerk Janet Ber Motion by Wong, seconded by Manners to approve demands totaling $1,948,729.79 as listed on check registers FI 146173 through 146487. Motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Jennings NOES: None No comments offered. No reports offered. Motion by Jennings, seconded by Wong, and unanimously carried to approve a Resolution of Commendation for West Covina Rotary for forty years of service to the community. Councilmember Herfert commented on being told he was out of order by the Mayor earlier in the meeting when he wanted to speak to a citizen at the podium. Mayor Jennings stated that Ms. Bonneville was gaveled down because he felt she was using the podium for political rhetoric in relation to the upcoming election. Councilmember Manners commended the Mayor for his reserve under provocation. Motion by Manners, seconded by Herfert to adjourn the meeting at 12:45 am. The motion carried with Herfert absent from the vote. /1 rx