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10-01-1996 - Regular Meeting - Minutes• MINUTES WEST COVINA CITY COUNCIL REGULAR MEETING OCTOBER 1, 1996 The regular meeting of the West Covina City Council meeting was called to order by Mayor Touhey at 7:33 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by Father James Williams of St. Martha's Episcopal Church and the Pledge of Allegiance was led by Mayor Touhey. ROLL CALL Mayor Touhey, Mayor Pro Tern McFadden, Councilmember Herfert, Manners, Wong Others Present: Starbird, Wylie, Keating, Tong, Dixon, Jones, Collier, Ybarra, Glover, Samaniego, McIsaac, Dunlap, Miller, Distelrath, Fong, Mayer, Greene, Yoshizaki, Berry APPROVAL OF MINUTES Regarding the minutes of September 17, 1996, Councilmember Herfert offered a correction to page two and Councilmember Manners offered a correction on page 6. Motion by Herfert and seconded by Manners to approve the minutes of the regular meeting of September 3, 1996, the special meeting of September 17, 1996, and the regular meeting of September 17, 1996, as corrected. Motion carried 5-0. PROCLAMATIONS Mayor Touhey declared October 7 through 11, 1996, as CALIFORNIA RIDESHARE WEEK and presented ,the proclamation to Kelly Tong, Administrative Analyst, Environmental Services. Mayor Touhey proclaimed October 4 through 5, 1996, as WHITE CANE DAYS THROUGHOUT WEST COVINA and presented the proclamation to Sue Dunn and Robert Bacon of West Covina Lions. PRESENTATION Mayor Touhey commended Planet Hockey for a Bone Marrow Donor Event held on Saturday, September 28, 1996, and presented Mike Sorentino, the marketing director for Planet Hockey, with a Certificate of Recognition. HEARING APPEAL OF PLANNING DIRECTOR'S MODIFICATION TO CONDITIONAL USE PERMIT NO.474 AND PLANNING COMMISSION'S APPROVAL OF THAT MODIFICATION Appellant: Sanborn Theatres, Inc. Applicant: Edwards Theatres Circuit, Inc. Location: 195 and 265 S. Glendora Avenue Councilmember Wong stated that he would abstain from the discussion and vote on this issue, due to conflict of interest laws. He stepped down from the Council table and sat with the audience. City Council Minutes of 10/1/96 Appeal by Sanborn Theatres City Clerk Berry verified the affidavit of posting and Mayor Touhey opened the hearing. The staff report was presented by Planning Director Collier who stated that the record contained the following documents: * Final EIR, certified 10/10/95 * Attachments to the staff report • * Declaration of Paul Wilkinson (of Linscott, Law & Greenspan Engineers) In Opposition To Motion For Summary Adjudication Of Issues Mr. Collier explained the role of Council during this evening's appeal hearing and the criteria to use during their deliberations. Public Testimony Mayor Touhey asked for public comments favoring the appeal and IN FAVOR: the following individual addressed Council: John Condas John Condas of Jackson, DeMarco & Peckenpaugh spoke in behalf of his client, Sanborn Theatres. He felt actions taken by the Planning Commission were invalid and cited Government Code sections regulating Conditional Use Permit amendments. He also submitted a letter dated October 1, 1996, copies of which were distributed to the City Council and one to the City Clerk for inclusion in the record. He noted that his October 1st letter indicates additional violations in accordance with CEQA regulations. IN OPPOSITION: Mayor Touhey asked for public comments opposing the appeal and the following individual addressed Council: Lawrence Davidson Lawrence Davidson, Executive Vice President and General Counsel for Edwards Theatres, addressed some of the issues com- mented upon by Mr. Condas relating to parking needs vs number of seats in the theater and stadium seating. He concluded by stating that seating in the theater drives the parking needs, not the number of screens. REBUTTAL: Mayor Touhey asked for rebuttal remarks and the following addressed Council: John Condas John Condas clarified some of his earlier remarks in response to Mr. Davidson. TESTIMONY CLOSED Mayor Touhey closed the public testimony portion of the hearing. City Attorney Dixon clarified regulations pertaining to this issue and Planning Director Collier noted the following: a) Stadium seating was addressed and found to be a non -issue by the Planning Commission, b) The EIR addressed 16 screens - a multi -theater complex - and therefore the additional two screens were covered, c) The parking formula used for calculating the number of necessary parking slots required for the project, and d) Council could hold this matter over until Mr. Wilkinson could be in attendance to discuss his Declaration, if desired by Council. COUNCIL DISCUSSION Mayor Pro Tem McFadden asked the City Attorney to clarify the number of parking slots as used by Mr. Condas. She responded that Mr. Condas' number of 1091 was not the City's number and page five of the staff report provides the formula used by the City. Councilmember Herfert reviewed Section 251(b) of the Municipal Code and felt the Planning Director complied with the requirements. He stated that he would support the resolution but was still con- cemed that the developer had not yet secured a restaurant for the site. 2 City Council Minutes of 10/1/96 Councilmember Manners stated that she has not seen anything that indicates the Planning Commission did anything improper. Mayor Touhey stated he, too, has not heard any arguments to override the actions taken by the Planning Director. • City Clerk Berry presented: Resolution 9375 - RESOLUTION NO. 9375 - A RESOLUTION OF THE Upholding Planning Director CITY COUNCIL OF THE CITY OF WEST COVINA, CALI- & Planning Commission FORNIA, UPHOLDING THE DECISIONS OF THE PLANNING COMMISSION AND PLANNING DIRECTOR AND TO APPROVE THE PLANNING DIRECTOR'S MODIFICATION TO CONDITIONAL USE PERMIT NO. 474 Motion by Manners and seconded by Herfert to waive further reading of the resolution and to adopt. Motion carried 4-0-1 with Wong abstaining (conflict of interest). Mr. Wong resumed his position at the Council table. AGENDA AND ORAL COMMUNICATIONS Royal Brown, 2153 Aroma Drive, commented on Item N-2, a pro- posed municipal election ballot measure regarding land use of waste disposal facilities. It was his feeling that prohibiting landfills and dumps was good, but recycling facilities should not be included in the prohibition. Steve Cox, West Covina Unified School District Board Member, thanked Mayor Touhey for including the City's assistance in addressing the student drop-off/traffic congestion problems at the various schools (Item N-3 regarding a recent traffic incident where a school child was hurt). Richard Lewis, President of West Covina Historical Society, addressed security at the Taylor House (Heritage Park). He urged Council to have the gates closed until the park is fully developed. CONSENT CALENDAR Written Communications A letter was received from the City of Carson urging the City Council to support a resolution offered by Carson relating to the process by which appointments are made to various league of California Cities Policy Committees. This is a City Council policy matter, and staff makes no recommendation. Commissions' Summary of Actions (receive & file) Planning 9/24/96 Senior Citizens' 9/12/96 Waste Management/Environmental Quality 9/19/96 Human Services 9/10/96 Approval of Final Maps (adopt resolutions) Resolution 9376 - Location: Between Galster Way and Citrus Street South Hills Homes Partnership RESOLUTION NO. 9376 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING FINAL MAP OF TRACT NO. 47809 AND DIRECTING THE RECORDATION THEREOF (South Hills Homes Partnership) 3 City Council Minutes of 10/1/96 Resolution 9377 - Location: Between Westbridge Drive and Galster Way South Hills Homes Partnership RESOLUTION NO. 9377 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA APPROVING FINAL MAP OF PARCEL MAP NO. 22037 AND DIRECTING THE RECORDATION THEREOF (South Hills Homes Partnership) • Traffic Committee Minutes (accept & file) Minutes of the regular meeting held September 17, 1996. Award of Bid - Project PP 96251 New Park Play Area Barrier Removal at Palm View Park PP 96251 - Location: 1340 East Puente Avenue Hondo, Inc. Recommendation is to accept the bid of Hondo, Inc. in the amount of $58,977.00 as submitted at the bid opening of September 17, 1996, and authorize the Mayor and City Clerk to execute the agreement for the work to be done. Miscellaneous - Public Works a) Possible Guardrail on South Side of Amar Road, Westerly of Shadow Oak Drive Recommendation is to direct the Traffic Engineer to review the recent accident on Amar Road and have the Traffic Committee review this condition at its October 15, 1996, meeting and report back to the City Council. b) SP 97105 - Curb and Gutter Repair and Sidewalk Construction - Approval of Plans and Specifications SP 97105 - Recommendation is to approve the plans and specifica- Plans & specs approved lions for SP 97105, and authorize the City Engineer to call for bids. Miscellaneous - Planning Department General Plan Implementation Annual Status Report Recommendation is to receive and file the General Plan Annual Status Report, which was reviewed and approved by the Planning Commission at its meeting of September 24, 1996. Miscellaneous - Human Services Purchase of Portable Classrooms Portable Classrooms Recommendation is to find that it is impractical to purchase the modular units in compliance with competitive bidding procedures for the reasons set forth in the staff report, and to approve the purchase of two portable classrooms and lease of the third. 10 Miscellaneous - City Manager's Office General Services Agreement with County of Los Angeles General Services Agreement Recommendation is to approve the General Services Agreement with L. A. County with the County of Los Angeles, and authorize the Mayor and City Clerk to execute the agreement. 2 City Council Minutes of 10/1/96 CONSENT CALENDAR MOTION Councilmember Manners requested Item C-1 (Letter from City of Carson) be removed for separate consideration. • Motion by Manners and seconded by Herfert to waive further reading of the resolutions and adopt, and to approve all other items listed on the Consent Calendar - except item C-1. Motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Touhey NOES: None Item C-1 Motion by Manners and seconded by McFadden to direct the dele- gate to vote accordingly after hearing the arguments at the conference. Motion carried 5-0. Councilmember Wong requested that Item 0-1 be moved forward to be considered by Council at this time. Motion by Manners and seconded by Wong to address the issue at this time. Motion carried 5-0. FEE STRUCTURE FOR THE FOOTHILL TRANSIT ZONE Council reviewed the staff report. Julie Austin of the Foothill Transit Zone responded to questions and comments. Foothill Transit Zone Councilmember Herfert stated that after reading the material supplied by Foothill Transit, there was an indication that federal funds may be reduced in the future and that was the reason a fee increase was being sought. He felt that unless the federal funds were definitely being reduced, there should be no increase. Lengthy discussion ensued. Ms. Austin explained the public hearing process being used by Foothill Transit throughout the entire zone and encouraged attendance at the next one scheduled for Saturday, October 5 at 2:00 pm at the West Covina office, 100 N. Barranca. Councilmember Herfert suggested holding this matter over to . give Foothill Transit an opportunity to furnish Council with a copy of their budget and federal funding. Mayor Pro Tern McFadden noted his opposition to fare increases for Idds and college students. Held Over Motion by Herfert and seconded by Touhey to hold this matter over until the next meeting. Motion carried 5-0. PUBLIC WORKS No reports for this meeting. WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports for this meeting. ENVIRONMENTAL SERVICES No reports for this meeting. REDEVELOPMENT AGENCY Mayor Touhey recessed the City Council meeting at 9:44 pm to convene the Redevelopment Agency meeting. The City Council reconvened at 10:15 pm with all members present. 5 City Council Minutes of 10/1/96 • MP 97123 - APPROVAL OF PLANS AND SPECIFICATIONS FOR DIRECTIONAL SIGNAGE Council reviewed the staff report. Councilmember Wong stated that he would abstain from the discussion and vote, due to conflict of interest laws. Mayor Touhey noted the same applied to him. MP 97123 - Motion by Manners and seconded by Herfert to a) establish Plans & specs approved Project No. MP 97123, and b) approve plans and specifications for the project and authorize advertising for bids. Motion carried 3-0-2 with Wong and Touhey abstaining (conflict of interest). HUMAN SERVICES No reports for this meeting. PUBLIC SAFETY FIRE DEPARTMENT - AUTOMATIC FIRE SPRINKLER REGULATIONS - ORDINANCE INTRODUCTION AND SETTING HEARING Fire Chief Greene presented the staff report and responded to questions. Council was interested in receiving additional infor- mation. Discussion ensued whether to hold over the matter until the next meeting or introduce the ordinance this evening and receive the additional information next time during the second reading. Sprinkler Regulations - Motion by Herfert and seconded by Manners to hold over Introduction held over the matter until the next meeting. Motion carried 4-1 with McFadden voting no. ADMINISTRATIVE SERVICES No reports for this meeting. GENERAL ADMINISTRATION No reports for this meeting. APPROVAL OF DEMANDS Motion by Herfert and seconded by McFadden to approve Demands totaling $985,769.38 as listed on check registers FI 165168 through 165468. Motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Touhey NOES: None ABSTAIN: Herfert re SCE billing ORAL COMMUNICATIONS No comments offered. MAYOR'S REPORTS 1) DESIGNATION OF A VOTING DELEGATE FOR THE NATIONAL LEAGUE OF CITIES CONFERENCE Council reviewed the staff report. Motion by Manners and seconded by Herfert to appoint Mayor Touhey as the new voting delegate and Councilmember Manners as the alternate to the National League of Cities Annual Conference. Motion carried 5-0. 2) CONSIDERATION OF BALLOT MEASURE REGARDING REQUIRED ELECTION FOR LAND USE APPROVAL OF WASTE DISPOSAL FACILITIES Proposed Ballot Measure re Mayor Touhey commenced a discussion regarding the place - Land Use of Waste Disposal Facilities ment of a ballot measure to prohibit the opening of waste disposal facilities in West Covina. City Council Minutes of 10/1/96 Motions restated Merlinda School traffic congestion COUNCILMEMBERS' REPORTS Motion by Touhey and seconded by Herfert to add the prohibition to include "within a one -mile radius of West Covina residences." Discussion followed with Councilmem- ber Wong suggesting elimination of the vote, to ensure waste disposal facilities could never be permitted in the City. Motion by Wong and seconded by Manners to prohibit any landfills from opening in West Covina. City Attorney Dixon responded that she has not finished looking into all the legal issues of a proposed ballot measure. She would like additional time to be able to assure Council that their intentions and actions are defensible. Mayor Touhey restated his motion to prohibit landfills and MRFs from opening in the City within a one - mile radius of West Covina residences, unless passage by 2/3 vote of the registered voters of West Covina indicates otherwise. Mayor Touhey asked for a vote on the amendment by Councilmember Wong that no landfills or MRFs be per- mitted in West Covina. The amendment failed 2-3 with Herfert, McFadden, and Touhey voting no. Mayor Touhey asked for a vote on the original motion, as restated above. The motion carried by roll call vote: AYES: Herfert, Manners, McFadden, Wong, Touhey NOES: None City Attorney was directed to report back at the next meeting with suggested ballot language. 3) REVIEW OF TRAFFIC CONDITIONS AT MERLINDA SCHOOL Council reviewed the staff report. Councilmember Herfert was concerned about the school district's student drop-off procedures and suggested this matter be addressed at the next joint school district/City subcommittee. Mayor Touhey suggested an increase in enforcement by the Police Department to curtail the double parking violations. Police Chief Distelrath addressed various traffic safety programs that have worked in other commun- ities that the Police Department could help devise for the school district. Motion by Manners and seconded by Herfert to direct the Police Chief to work with the school district on the traffic conditions at Merlinda School as well as the other schools in the district. Motion carried 5-0. Mayor Touhey reported on the grand opening of Target held earlier this evening. Councilmember Manners thanked Mayor Touhey for his memo regarding median landscaping on Azusa Avenue and urged Council to pursue the idea. Mayor Pro Tem McFadden noted that Mr. McGuiness of Citrus Valley Health Partners is scheduled to be his guest on his next WCCT program. City Council Minutes of 10/1/96 Councilmember Manners reiterated her concern that the election process is coming up soon and there may be a problem with one of the incumbents up for reelection having an television show on WCCT. The City Attorney was asked to report back to the Council on this matter. • ADJOURNMENT Motion by Manners and seconded by Herfert to adjourn the meeting at 11:25 pm. Motion carried 5-0. 'MU&4z::�-L I May r Michael R. Touhey ATTEST: City Clerk Jane erry