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
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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.
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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.
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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