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.
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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)
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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.
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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.
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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.
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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