05-20-1997 - Regular Meeting - Minutesel
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MINUTES
REGULAR MEETING OF THE
WEST.COVINA CITY COUNCIL
MAY 20,1997
The regular meeting of the West Covina City Council was called to order at 7:40 pm by Mayor Wong in the
City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by Dr.
Kundan Peter of West Covina United Methodist Church and the Pledge of Allegiance was led by Council -
member Howard.
ROLL CALL Mayor Wong, Mayor Pro Tern Melendez (arrived at 8:26 pm),
Councilmembers Herfert, Howard, Touhey
Others Present Starbird, Wylie, Martyn, Collier, Collins, Samaniego, Glover, Greene,
Miller, Distelrath, Ure, Fong, Lantz, Schimanski, Irwin, Dunlap,
McIsaac, Mayer, Miyasato, Berry
APPROVAL OF MINUTES Mayor Wong corrected the scope of the Citywide Maintenance District
($1.2 million) in the minutes of the special meeting of April 22.
Motion by Herfert and seconded by Howard to approve the following
sets of minutes:
Special meeting of April 22, 1997 (as corrected)
Special meeting of May 6, 1997
Special meeting of May 13, 1997
Motion carried 4-0.
Mayor Wong stated that Mayor Pro Tem Melendez would be detained
until about 8:30 pm and Council would consider the third public
hearing first to allow him time to arrive for the other two hearings.
HEARING
BUREAU OF JUSTICE ASSISTANCE BLOCK GRANT
FUNDS
Bureau of Justice Grant
City Clerk Berry verified the affidavit of publication. Mayor Wong
opened the hearing and the staff report was presented by Police Chief
Distelrath and Human Services Director Collins. Corporal Dave
Shively who heads the City's DARE Program spoke about the "at risk"
school age children, the target recipients of the proposed program.
Dave Mitchell, a Los Angeles County Probation Officer, addressed the
program from his experience with what happens at the court level with
this level of youths.
Public Testimony
Mayor Wong opened the public testimony portion of the
hearing and the following persons addressed Council:
Royal Brown
Royal Brown, 2153 Aroma Drive, felt this program fills a void
in the City and urged Council to support Option 5 (funding five
schools).
Diane King
Diane King, member of the Traweek Middle School PTA and
school safety committee, urged Council to support the proposal and
noted that Traweek already has 65 interested volunteers.
Rosemary Collin
Rosemary Collin, Traweek Middle School PTA and current
president of the Covina Unified School District, urged approval of the
proposed program.
Council Minutes of May 20, 1997
Bill Felix Bill Felix, Principal of Edgewood Middle School, spoke
favorably of the grant and looked forward to including this program at
Edgewood.
Jeff Warshaw Jeff Warshaw, Principal of Traweek Middle School, stated that
the program will be self-sustaining once it gets started and is pleased
that he won't have to tell the students to get off the campus once
school is out, but rather go on over to the student center.
Is Councilmember Melendez arrived at 8:26 pm.
George Ogden George Odgen, 1249 Valinda Avenue, spoke favorably for
Option No. 5. He noted that as a Commander of the local VFW, his
organization is highly supportive of youth activities and programs.
Andrew Bliss Andrew Bliss, 1032 E. Puente, felt this proposal was a fine
opportunity to take a proactive step to help the community as a whole
and particularly the "at risk" youths. He suggested adding two "at
large" citizens to the advisory board.
Katherine Castucci Katherine Castucci, 430 S. Pima, disagreed with the proposal
feeling that the Justice Grant is a law enforcement grant and would be
better put to use for police officers, equipment, and activities. She
presented her reasons and findings from her research on the grant and
the grant application. She also felt that the committee process used ws
improper.
Testimony Closed There being no others wishing to address the Council on this
matter, the Mayor closed the public testimony portion of the hearing.
Council Discussion Councilmember Herfert asked for a clarification on the advisory board
members. Chief Distelrath responded.
Councilmember Howard asked for a clarification on the concept paper
devised by Traweek Middle School. Human Services Director Collins
responded.
Councilmember Herfert stated that he has carried a community service
platform ever since he became a member of the Council and spoke
highly of this proposal. He has always felt that the schools should be
open after school and this will be good for the students and the
community as a whole.
Councilmember Howard felt strongly about moving forward with this,
but on a pilot basis. The pilot program would have measurable para-
meters and once the City can see the success of the pilot program, then
open it citywide to all the middle schools.
Councilmember Touhey stated that when he first learned of the
proposal, he needed more information. He has since spoken with
several individuals and now understands what "at risk" really means.
He is now comfortable with the proposal. He noted the amount of
money that has already been expended for Police, their equipment and
computer needs and at this point has no problem with earmarking these
funds for this program.
' Recess Mayor Wong recessed the meeting at 9:05 pm to give Mayor Pro Tem
Melendez a chance to review the tape of the testimony portion of the
hearing. The City Council reconvened at 9:25 pm with all members
present.
Mayor Pro Tern Melendez expressed his appreciation for everyone's
patience while he reviewed the tape. He felt strongly that "prevention"
is the key with the middle school youth and this program targets them
very effectively.
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Council Minutes of May 20, 1997
Mayor Wong stated that he would be supporting this program for full
funding. All the various agencies coming together to make this
program work speaks well for the project.
Motion by Touhey and seconded by Melendez to a) approve the
application process for the Middle School Program, b) select Option
No. 5 (funding for all five schools), and c) authorize the appropriation
of the required 10% match ($16,180) out of the 1997/98 budget.
Motion carried 4-1 with Howard voting no.
HEARING CONTINUED PUBLIC HEARING -
APPEAL OF PRECISE PLAN NO.767, REVISION 2
Applicant: Hassen Imports Partnership
Location: 2000 East Garvey Avenue
Appellant: Penske Automotive Group
Appeal of PP 767, Rev. 2 Mayor Wong introduced the subject matter and City Manager Starbird
commented that since the last Council meeting he had worked with
both the Penske Group and Hassen Imports to resolve their differences.
Although they worked hard, as of yesterday the two entities were at an
impasse.
Mr. Starbird then addressed the mailing label issue raised by
Ziad Alhassen at the last meeting. Mr. Alhassen felt the appeal was not
valid because the mailing labels were not provided by the Penske
Automotive Group and that staff had used labels that were already in
the files originally supplied by the applicant for the project. Although
this has been the past practice of staff regarding the use of labels, Mr.
Starbird stated that the City Clerk, City Attorney, and City Manager
apologize for the misimpression left at the last meeting.
As to whether the technicality over the labels affected the
legitimacy of the appeal, the City Manager and City Attorney requested
a consulting opinion by an independent attorney firm. Andra Greene of
Irell & Manella conducted a factual investigation without the
involvement of the City Attorney, reviewing procedures and
interviewing staff. She stated that the procedures used regarding the
mailing labels in this matter were consistent with the procedures used
by City staff for all other appeals for as long as anyone could
remember. It was her opinion that while there was a technical defect in
the appeal in that the labels came from the applicant and not the
appellant, they were appropriate labels, and notice was sent in a timely
fashion to interested parties giving them an opportunity to be heard. It
was her recommendation that Council treat the Penske appeal as valid.
Mayor Wong asked if the Council needed to take an action to
reaffirm that the Council move forward with the appeal. Ms. Greene
responded in the affirmative.
Mayor Wong noted Teri Lingenfelter, a court reporter, was
present to record the evening's proceedings.
Mayor Wong reopened the appeal hearing to receive comments from
the two parties regarding the action to continue with the appeal
' hearing.
Paul Cody Paul Cody, an attorney with Riordan &McKenzie and repre-
senting Hassen Imports, disagreed with Ms. Greene's conclusion. Past
deviation from the Municipal Code requirement does not justify con-
tinued disregard, nor does staffs misleading of Penske as to his obliga-
tions. He felt staff clearly misled the Council and humiliated his client.
Mr. Kitzmiller of Penske sat in the audience during the last meeting and
knew mailing labels had not accompanied the Penske appeal letter. He
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Council Minutes of May 20, 1997
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indicated that if the City Council proceeded further, it would be acting
outside its jurisdiction and in violation of the Municipal Code.
Ziad Alhassen Ziad Alhassen, applicant, said he was very clear at the last
meeting when he said the mailing labels were not included with the
appeal letter. He felt the applicant's mailing labels should not be used
against the applicant for appeals by another.
Mayor Wong asked Special Counsel Greene if the technical defect of
the mailing labels not accompanying the appeal letter renders the appeal
invalid.
Ms. Greene responded in the negative. Further she noted that
neither Mr. Cody nor Mr. Alhassen disputed the fundamental factor
underlying her determination, namely that notice was sent and Mr.
Alhassen had an opportunity of being heard; therefore, there was no
due process violation. She explained her interpretation, based on case
law and statutory law. She also explained various tests she applied
during her examination of the facts in reaching her conclusion.
Further comments from Mr. Cody and Mr. Alhassen.
Planning Director Collier addressed the history of appeals and
applicable mailing labels since 1991. He explained the requirement for
three sets of labels at the Planning Commission level: a) notice for
Planing Commission hearing, b) potential hearing before the City
Council, and c) the possible rehearing of a matter.
Mayor Wong asked the representative from Penske Automotive Group
to speak if he choose.
Jere Kitzmiller Jere Kitzmiller, Vice President of Penske Automotive Group,
agreed with Ms. Green's recount of the Penske's part in the label
issue.
Motion to hearing appeal Mayor Wong asked Council for a motion. Motion by Howard and
seconded by Touhey to move forward with hearing the appeal. Motion
carried 5-0.
Recess Mayor Wong recessed the City Council meeting at 10:45 pm. The
City Council reconvened at 11:00 pm with all members present.
Staff Report Planning Director Collier presented the staff report with slides the
proposed parking stalls on the private loop road, a cul-de-sac street
serving both the Penske site and the Hassen Dodge site.
Public Testimony Mayor Wong opened the public testimony portion of the hearing and
asked for comments favoring the appeal. The following spoke:
Jere Kitzmiller Jere Kitzmiller, Vice President of Penske Automotive Group,
read a letter into the record, dated May 20, 1997, signed by Greg
Penske, President.
Mayor Wong asked for comments in opposition to the appeal and the
following addressed Council:
Paul Cody Paul Cody, attorney representing Hassen Imports, expressed a
procedural concern and that is that the appeal was for one issue only.
He objected to opening the whole project for Council consideration.
He then spoke about land entitlement issues and suggested Council
abstain from any decision as it would be more appropriately decided in
a court of law.
Ziad Alhassen Ziad Alhassen, applicant, explained his reasons for diagonal
parking.
Councilmember Herfert noted that Penske is agreeable to
Hassen's diagonal parking if Hassen is agreeable to Penske's parallel
parking. Mr. Alhassen conferred with his attorney, Mr. Cody. Mr.
Cody responded that the parking stalls as discussed are agreeable with
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Council Minutes of May 20, 1997
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Recess
Mr. Alhassen as long as the other issues involving the loop road are not
jeopardized. It was agreed that the issues surrounding the loop road
do not fall under the jurisdiction of the City Council.
Discussion ensued regarding the language in the resolution of
the applicable sections. Mayor Wong suggested to Mr. Alhassen that
perhaps his attorney could draft some language that would be
acceptable.
Mayor Wong recessed the City Council at 12:05 am. The City Council
reconvened at 12:40 am with all members present.
Mr. Cody presented the following, developed during the break:
"Hassen shall configure and otherwise may utilize in three
parallel and six diagonal for nine diagonal spaces with landscaped end
islands as may be required by the City Engineer for traffic safety
purposes on the west side of the private street/loop road.
"This condition and Hassen's compliance therewith shall in no
way be interpreted to diminish, impair or limit any rights Hassen or
Penske has, may have, or may have acquired against the other, as to the
ownership of, use of, or access to the loop road."
Mr. Cody stated that he had no additional comments. City
Manager Starbird presented a copy of the language to MrRitzmiller.
Mr. Starbird stated that Mr. Kitzmiller would like to see a clearer copy
of the language and suggested that if Council would proceed with the
remainder of the Agenda, he would go upstairs to use the computer.
Recess Mayor Wong recessed the public hearing at 12:43 am to continue the
City Council Agenda. The hearing will continue when Mr. Starbird
returns.
AGENDA AND ORAL COMMUNICATIONS No comments offered.
Councilmember Herfert departed briefly at 12:45 am.
CONSENT CALENDAR Written Communications (none received)
Commissions/Summary of Actions (receive & file)
Planning Commission . . . . . . . 5/13/97
Claims for Action (deny & notify claimant)
On March 21, 1997, the City Clerk's Office received a claim from
Equitable Indemnity on behalf of West Covina Youth Pony Baseball
and Pony Baseball pertaining to a trip and fall accident. The amount of
claim had not been determined at time of presentation.
On December 17, 1996, the City Clerk's Office received a claim from
William Sir for personal injuries. The amount of claim had not been
determined at time of presentation.
On March 20, 1997, the City Clerk's Office received a claim from John
Thompson, DDS for property damage amounting to $7,454.00.
On October 10, 1996, the City Clerk's Office received a claim from
Trudy Huyck for personal injuries. The amount of claim had not been
determined at time of presentation.
Council Minutes of May 20, 1997
On February 27, 1997, the City Clerk's Office received a claim for
property damage from Ralph & Gloria Eppley. The amount of claim
had not been determined at time of presentation.
On March 3, 1997, the City Clerk's Office received a claim for loss of
personal property and property damage from Albert Harker, Jr., in the
amount of $1,200.00.
Temporary Use Permits (receive & file)
TUP #2385-97 was issued to K & M production at Sunset Square
Shopping Center for Circus Vargas on 5/12/97 to 5/14/97.
TUP #2389-97 was issued to National Sports Grill at 1205 Plaza Drive
for an autograph promotion on 4/29/97.
TUP #2390-97 was issued to Arrow 97 in the Macy's Parking Lot for
anInternet Bus on 4/39/97. ,
TUP #2391-97 was issued to West Covina Optimists for a rummage
sale at Cameron Park on 5/3/97.
TUP #2392-97 was issued to Reynolds Buick, 545 N. Citrus Street,
for a tent sale on 5/2/97.
TUP #2393-97 was issued to Soroptimist International for a Cinco de
Mayo Fiesta on 5/3/97 at the Ridgeriders Equestrian Center, 300 S.
Citrus.
TUP #2394-97 was issued to West Covina Elks Lodge for a rummage
sale on 5/10/97 at 841 W. Merced Avenue.
TUP #2395-97 was issued to Paul Maurer for a carnival on 5/8/97 to
4/11/97 at Eastland Center.
Acceptance of Improvements/Release of Bonds
Project PP 97302 - Location: Snack Bar Remodel at Del Norte Park
JMAR Corporation Recommendation is to accept snack bar remodel improvements and
release Gulf Insurance Company Bond No. AE 59134567 in the
amount of $$37,700.00, subject to Notice of Completion procedures.
Project WP 94116 - Location: Reservoir No. 1 and Reservoir No. 2
Spiess Corporation Recommendation is to accept improvements to the reservoirs and
release American Insurance Company Bond No. 11133220324 in the
amount of $199,720.00, subject to Notice of Completion procedures.
Project SP 97130 - Location: Amar Road, between Shadow Oak Drive and Westport
Alcorn Fence Company Recommendation is to accept guard rail improvements and release Sea
Board Surety Company Bond No. 33605297 in the amount of
$35,888.00, subject to Notice of Completion procedures.
Ordinance for Adoption (waive reading & adopt)
Ordinance 1996 - ORDINANCE NO. 1996 - AN ORDINANCE OF THE CITY
' Code Amendment 278 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
AMENDING CERTAIN SECTIONS OF CHAPTER 22, (TRAFFIC
REGULATIONS) OF THE WEST COVINA MUNICIPAL CODE
TO INCORPORATE REGULATIONS RESTRICTING THE
PARKING OF VEHICLES DISPLAYING "FOR SALE" SIGNS
(Code Amendment No. 278)
Award of Bids
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Council Minutes of May 20, 1997
PP 96254 - Galster Park Restroom Modification Barrier Removal
PP 96254 - Recommendation is to accept the bid ofKEC Engineering and Con-
KEC Engineering & Constr. struction, Diamond Bar, in the amount of $28,585.00, as submitted at
the bid opening of May 12, 1997, and authorize the Mayor and City
Clerk to execute the contract.
PP 97201 - Cortez Park - Enlarge Storage Area and Snack Bar at the
Is Football Field
PP 97201 - Recommendation is to transfer $5,000 from PP 97202 (Cortez
Whelan Construction Lighting) to PP 97201 and accept the bid of Whelan Construction,
West Covina, in the amount of $32,475.00, as submitted at the bid
opening of May 9, 1997, and authorize the Mayor and City Clerk to
execute the contract.
GP 97308 - Fire Stations No. 3 & 4 - New Overhead Doors
GP 97308 - Recommendation is to allocate an additional $2,000.00 from GP 97307
Lawrence Door Service remaining from the completed Fire Station No. 4 Re -roof Project to
GP 97308 and accept the bid of Lawrence Door Service, Los Angeles,
in the amount of $24,300.00, as submitted at the bid opening of May 9,
1997, and authorize the Mayor and City Clerk to execute the contract.
GP 97311 - City Hall Finance and Planning Departments -
New Carpet and Paint
GP 97311 - Recommendation is to a) include re -carpeting a portion of the Building
HM Carpet and Engineering Department in the project for a cost of $5,540.00; b)
accept the bid ofHM Carpet, Gardena, in the amount of $13,960.58 as
submitted at the bid opening of May 12, 1997; and c) authorize the
Mayor and City Clerk to execute a contract with HM Carpet for a total
contract price of $19,500.58.
Interim Assignment of the Maintenance District No. 4 Landscape
Maintenance Contract
MD 4 Landscaping - Recommendation is to a) in accordance with WCMC § 2-330, waive
Azteca Landscape formal competitive bidding procedures; b) accept the bid of Azteca
Landscape, Pomona, in the amount of $29,994.01 per month to
perform the work on a monthly basis pending the formal bid process
and award to a new contractor; and c) authorize the Mayor and City
Clerk to execute the interim agreement with Azteca Landscape.
Interim Assignment of the Civic Center Landscape Maintenance
Civic Center Landscaping - Recommendation is to a) in accordance with WCMC § 2-330, waive
Aloha Landscape Inc. formal competitive bidding procedures; b) accept the bid of Aloha
Landscape Inc., West Covina, in the amount of $4,580.00 per month to
perform the work on a monthly basis pending the formal bid process
and award to a new contractor; and c) authorize the Mayor and City
Clerk to execute the interim agreement with Aloha Landscape Inc.
Paramedic Vehicles
Paramedic Vehicles Recommendation is to reject the bid of Fire -Bann and authorize staff to
re -open the bid process.
' Miscellaneous - Environmental Services
Used Oil Recycling Program
Recommendation is to receive and file the informational report.
BKK Landfill Closure Plans Status Report
Recommendation is to receive and file the informational report.
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Council Minutes of May 20, 1997
Miscellaneous - Public Works
TS 97140 - Amar Road and Westport Street Traffic Signal Installation
Approval of Plans and Specifications
TS 97140 - Recommendation is to approve the plans and specifications for project
Plans & Specs approved TS 97140 and authorize the City Engineer to call for bids.
Property Tax Sharing Request County Sanitation District No. 22
Recommendation is to adopt the following resolution:
Resolution 9446 - RESOLUTION NO. 9446 - A RESOLUTION OF THE
County Sanitation CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, ADOPTING THE JOINT RESOLUTION OF THE BOARD
OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, THE
BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT
NO. 22 OF THE COUNTY OF LOS ANGELES, AND THE CITY
COUNCIL OF THE CITY OF WEST COVINA, APPROVING
AND ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY
TAX REVENUES RESULTING FROM ANNEXATIONS TO
COUNTY SANITATION DISTRICT NO. 22, BEING ANNEX-
ATIONS NOS. 332 AND 345
West Covina Landscaping Maintenance District Nos 4. 6, and 7
Recommendation is to adopt the following resolutions:
Resolution 9447 - RESOLUTION NO. 9447 - A RESOLUTION OF THE
MD #4 CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, PRELIMINARILY APPROVING THE CERTIFIED ENGI-
NEER'S REPORT AND DECLARING ITS INTENTION TO
HOLD A PUBLIC HEARING ON JULY 1, 1997 FOR
LANDSCAPE MAINTENANCE DISTRICT NO. 4 COMMEN-
CING IN FISCAL YEAR 1997/98 TO FUND THE OPERATION
AND MAINTENANCE OF CERTAIN LANDSCAPING AND
APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF
THE DISTRICT (West Covina Landscape Maintenance Dist. No. 4)
Resolution 9448 - RESOLUTION NO. 9448 - A RESOLUTION OF THE
MD #6 CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, PRELIMINARILY APPROVING THE CERTIFIED ENGI-
NEER'S REPORT AND DECLARING ITS INTENTION TO
HOLD A PUBLIC HEARING ON JULY 1, 1997 FOR LAND-
SCAPE MAINTENANCE DISTRICT NO. 6 COMMENCING IN
FISCAL YEAR 1997/98 TO FUND THE OPERATION AND
MAINTENANCE OF CERTAIN LANDSCAPING AND
APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF
THE DISTRICT (West Covina Landscape Maintenance Dist. No. 6)
Resolution 9449 - RESOLUTION NO. 9449 - A RESOLUTION OF THE
MD #7 CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, PRELIMINARILY APPROVING THE CERTIFIED
ENGINEER'S REPORT AND DECLARING ITS INTENTION TO
HOLD A PUBLIC HEARING ON JULY 1, 1997 FOR LAND-
SCAPE MAINTENANCE DISTRICT NO. 7 COMMENCING IN
FISCAL YEAR 1997/98 TO FUND THE OPERATION AND
' MAINTENANCE OF CERTAIN LANDSCAPING AND
APPURTENANT FACILITIES WITHIN THE BOUNDARIES OF
THE DISTRICT (West Covina Landscape Maintenance Dist. No. 7)
Miscellaneous - Finance Department
Surplus Property
Recommendation is to adopt the following resolution:
Resolution 9450 - RESOLUTION NO. 9450 - A RESOLUTION OF THE
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Council Minutes of May 20, 1997
Surplus property CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, DECLARING CERTAIN CITY PROPERTY AS SURPLUS
Miscellaneous - Human Services
YMCA Facility Use - Shadow Oak Community Center
Expiration of YMCA contract Recommendation is to authorize the Human Services Department to
operate the services, previously handled by the YMCA, at the Shadow
It Oak Community Center.
Reapplication for Older Americans Act Funds
Recommendation is to adopt the following resolution:
Resolution 9451 - RESOLUTION NO. 9451 - A RESOLUTION OF THE
Older Americans Act Funds CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR-
NIA, AUTHORIZING THE SUBMITTAL OF A PROPOSAL AND
THE EXECUTION OF A CONTRACT FOR THE PROVISION OF
SERVICES FOR ELDERLY PERSONS
CONSENT CALENDAR MOTION Motion by Touhey and seconded by Melendez to waive further reading
of the ordinance/resolutions and adopt, and to approve all other items
listed except: C-3f, C-3a, C-7b, and C-8e. Motion carried by roll call
vote:
AYES:
Howard, Melendez, Touhey, Wong
NOES:
None
ABSENT:
Herfert
Item C-3a Mayor Wong expressed concern regarding the relationship between the
City and West Covina Pony Baseball, now that they have filed a claim
against the City.
Motion by Melendez and seconded by Howard to approve the
staff recommendation to. deny the claim and notify the claimant.
Motion carried 4-0.
Councilmember Herfert returned to the meeting.
Item C-3f Councilmember Melendez asked for a clarification regarding this claim
and requested a copy of the police report.
Motion by Touhey and seconded by Melendez to approve the
staff recommendation to deny the claim and notify the claimant.
Motion carried 5-0.
Item C-7b Mayor Wong requested additional information.
Motion by Howard and seconded by Wong to hold over this
item until the next meeting for more information. Motion carried 5-0.
Item C-8e Mayor Wong stated that he would need to abstain from the resolution
regarding Maintenance District No. 7, due to a conflict of interest.
Motion by Touhey and seconded by Herfert to waive further
reading of the resolutions and adopt. Motion carved 4-0-1 with Wong
abstaining regarding Resolution No. 9449 (MD #7).
' PUBLIC WORKS 1) PARKING RESTRICTIONS IN THE CITY OWNED
PARKING LOT ADJACENT TO GLENDORA AVE.
Mayor Wong stated that due to conflict of interest
laws, he would abstain from the discussion and vote on this
issue. Public Works Director Glover presented the staff report.
Parking restrictions along Glendora Councilmember Howard asked staff to track this for six
months and check with the merchants as to its effectiveness.
Mayor Pro Tern Melendez cautioned about cluttering the area
with too many signs, perhaps pavement or curb markers could
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Council Minutes of May 20, 1997
be utilized. Mayor Wong, speaking from the podium as one of
the merchants, suggested installing green curbs along some of
the businesses whose customers come and go throughout the
day.
Motion by Howard and seconded by Touhey to:
a) Authorize the implementation of two-hour limit parking
along the easterly side of the City owned parking lot on
Glendora Avenue from Walnut Creek Parkway to
Dalewood Street during the periods of heaviest parking
demands; and
b) Authorize the installation of "No Theater Parking" signs
throughout the lot along with new directional signage to
encourage theater patrons to park in the on -site parking
facilities.
Motion carried 4-0-1 with Wong abstaining (conflict of
interest).
WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports for this meeting.
ENVIRONMENTAL SERVICES 1) STATE SENATE BILL NO. 1179
Assistant City Manager Wylie presented the staff report.
Senate Bill No. 1179 Motion by Howard and seconded by Herfert to send a
letter to our legislators opposing SB 1179and opposing any
attempts by the State to control or restrict what a City may
include in its waste collection franchise agreement. Motion
carried 5-0.
2) ALTERNATIVE FUEL VEHICLES PURCHASES AND
DEVELOPMENT OF CNG FUELING FACILITY
CNG Vehicles Council reviewed the staff report.
Motion by Touhey and seconded by Howard to:
* Approve the purchase of three (3) Taurus FFV for the
Police Department at a cost of $14,931 plus fees and taxes per
vehicle according to the "project milestone schedule." The
vehicles will be funded by the Air Quality Improvement Fund
(Fund 119-2319);
* Authorize the Environmental Services Director to
submit and execute an application for the Local Government
Subvention Fund Match Program sponsored by the MSRC to
partially fund the purchase of the 3 flexible fuel vehicles; and
* Approve hiring Fuel Solutions to develop, oversee the
bid process for the construction of a CNG fueling facility as
described in their proposal at a cost not to exceed $21,640 to
be funded from the Air Quality Improvement Fund (Fund 119-
2319).
Motion carried 5-0.
' PLANNING DEPARTMENT ADULT NEWSRACK ORDINANCE
Council reviewed the staff report. Council concurred on holding this
matter over until the next Council meeting.
REDEVELOPMENT AGENCY Mayor Wong recessed the City Council meeting at 1:06 am to convene
the Redevelopment Agency. The City Council reconvened at 1:16 am
with all members present.
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Council Minutes of May 20, 1997
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CONTINUATION OF HEARING
Mr. Starbird returned and Mayor Wong continued the Appeal of
Precise Plan No. 767, Revision 2. He distributed copies to the City
Council and it would replace Condition O in the currently proposed
resolution. Mr. Starbird stated that Mr. Kitztniller and Mr. Alhassen
have stated that the revised language is agreeable as long as both
appeals are acted upon.
Testimony closed Mayor Wong closed the public testimony portion of the hearing and
recessed this portion of the hearing to take up the second appeal
heating. Upon conclusion of the public testimony portion of the
second appeal, the City Council will take action on both.
HEARING APPEAL OF PLANNING COMMISSION AUTHORIZED
PLANNING DIRECTOR'S MODIFICATION OF PRECISE
PLAN NO.762, REVISION 1
Applicant: Penske Automotive Group
Location: 2010 East Garvey Avenue
Appellant: Hassen Imports Partnership
Mayor Wong opened the hearing and City Clerk Berry verified the
affidavit of mailing. Council concurred on the Planning Director simply
responding to questions and comments, foregoing the oral staff report.
Public Testimonv Mayor Wong opened the public testimony portion of the hearing and
asked for comments favoring the appeal. The following spoke:
Paul Cody Paul Cody, representing Hassen Imports, stated that the City
should abstain from a decision on the joint use of the loop road, as that
is not under the jurisdiction of the City. He also stated that the curb
cuts proposed by Penske would interfere with private property rights
and distributed copies of a drawing showing the curb cuts.
Ziad Alhassen Ziad Alhassen, appellant, spoke in opposition to the curb cuts.
Mayor Wong asked for comments opposing the appeal and the
following person addressed Council:
Jere Kitzmiller Jere Kitzmiller of Penske Automotive stated that their plan is to
eliminate the two driveways currently on the project site and install one
wider driveway. This will enable them to handle the high volume of
vehicles for service that they are anticipating.
Mayor Wong asked for comments in rebuttal and the following
addressed Council:
Ziad Alhassen Mr. Alhassen disagreed with the use of the street as proposed
by the Penske Group.
Testimony Closed There being no others wishing to address Council, the public testimony
portion of the hearing was closed.
Staff Response Planning Director Collier noted that staff has not seen the grant
deed that Mr. Cody has referred to in his comments. Mr. Collier
responded to remarks made in reference to the Garvey Auto Center
Development Guidelines, adopted by the Redevelopment Agency in
1981. He also responded to the issues raised in the appellant's letter of
appeal.
Mr. Collier stated that the record contained the following
documents for this hearing, in addition to the staff report and maps: a)
Garvey Auto Center Development Guidelines, b) a portion of the grant
deed that was submitted by Mr. Alhassen, c) a copy of the grading plan
for the Garvey Avenue Auto site, d) street pavement cross-section
drawing.
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Council Minutes of May 20, 1997
Council Discussion Mayor Wong reconvened the first appeal hearing to consider the two
appeals at this time.
Councilmember Herfert stated that what Hassen wants to do,
on their side of the street is within their rights and what Penske wants
to do on their side of the street is within their right. He sees it as a
private property matter with the line going down the center of the
street. As far as the parking stalls, use the revised language as
Condition 0 in the resolution.
Motion by Herfert and seconded by Melendez to deny the
Penske project appeal by Hassen Imports and deny the Hassen project
appeal by Penske Automotive with the revised language to replace the
current language in Condition 0 which permits six diagonal and three
parallel parking slots on the west side of the street. Motion carried 5-0.
City Attorney stated that the record contains the following documents
for the first hearing: a) Staff reports, b) notice to two additional
property owners that were not included in the label list, c) a memo
from Principal Planner McIsaac that the notices were sent, d) Penske's
letter dated May 20, e) memo to Mr. Alhassen and Mr. Penske from
the City Manager regarding status of discussions of the appeals, 0 the
Garvey Auto Development Center Guidelines, and g) appropriate
precise plan maps and attachments.
City Clerk presented:
Resolution 9452 - RESOLUTION NO.9452 - A RESOLUTION OF THE
PP 767, Rev. 2 CITY COUNCIL OF . THE CITY OF WEST COVINA,
CALIFORNIA, APPROVING PRECISE PLAN NO. 767,
REVISION 2
Motion by Howard and seconded by Melendez to waive
further reading of the resolution and adopt. Motion carried 5-0.
Resolution 9453 - RESOLUTION NO. 9453 - A RESOLUTION OF THE
PP 762, Rev. 1 CITY COUNCIL OF THE CITY OF WEST COVINA, CALI-
FORNIA, APPROVING PLANNING COMMISSION
AUTHORIZED PLANNING DIRECTOR'S MODIFICATION OF
PRECISE PLAN NO. 762, REVISION 1 (Upholding the decision of
the Planning Commission and Planning Director)
Motion by Herfert and seconded by Howard to waive further
reading of the resolution and to adopt. Motion carried 5-0.
HUMAN SERVICES PUBLIC SERVICE PROGRAMS
Council reviewed the staff report. Councilmember Howard stated that
she would abstain from any discussion and vote on the matter
concerning Future America.
Public Service Programs Motion by Touhey and seconded by Melendez to approve the
reallocation of the 1996/97 Public Services Funds as noted in the staff
report. Motion carried 5-0 with Howard abstaining re Future America.
' PUBLIC SAFETY POLICE DEPARTMENT WEAPONS POLICY
Council reviewed the staff report.
Motion by Howard and seconded by Touhey to approve: (A)
the continued policy of standardized firearms in the Police Department.
Motion carried 5-0.
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Council Minutes of May 20, 1997
PERSONNEL SERVICES TRANSMISSION OF RESOLUTION OF INTENTION TO
AMEND THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY OF WEST COVINA
FOR MISCELLANEOUS (Non -Safety) EMPLOYEES
Council reviewed the staff report.
City Clerk presented:
Resolution 9454 - RESOLUTION NO. 9454 -A RESOLUTION OF INTEN-
PERS Contract amendment TION TO APPROVE AN AMENDMENT TO THE CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE
CITY COUNCIL OF THE CITY OF WEST COVINA
Motion by Howard and seconded by Touhey to waive further
reading of the resolution and adopt. Motion carried 5-0.
GENERAL ADMINISTRATION No reports for this meeting.
APPROVAL OF DEMANDS Motion by Melendez and seconded by Herfert to approve Demands
totaling $901,022.73 as listed on check registers FI 169852 through
170147. Motion carried by roll call vote:
AYES: Herfert, Howard, Melendez, Touhey, Wong
NOES: None
ABSTAIN: Touhey re Food Bank
ORAL COMMUNICATIONS No comments offered.
MAYOR'S REPORTS 1) APPOINTMENT OF CITY COMMISSIONERS
Mayor Wong suggested Council sit as two -member subcom-
mittes to conduct interviews. Council is to forward their
choice of committees to the Mayor.
COUNCH.MEMBERS' REPORTS Councilmember Herfert requested that a Covina Valley
Unified School District subcommittee be agendized sometime
in the near future.
ADJOURNMENT Motion by Touhey and seconded by Melendez to adjourn the meeting
at 2:21 am in memory of Al Totter, a West Covina resident and the
former publisher of the San Gabriel Valley Daily Tribune. Motion
carried 5-0.
Mayor Be amin Wong
Attest:
City Clerk Janet Berry
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