03-04-1997 - Special Meeting - Minutes1
MINUTES
SPECIAL MEETING OF THE
WEST COVINA CITY COUNCIL
MARCH 4,1997
The special meeting of the West Covina City Council, scheduled for 6:00 pm, was called to order by Mayor
Touhey at 6:18 pm in the Management Resource Center at City Hall, 1444 W. Garvey Avenue, West Covina.
ROLL CALL Mayor Touhey, Mayor Pro Tern McFadden, Councilmembers Herfert
(arrived 6:33 pm), Manners, Wong
Others Present: Starbird, Wylie, Collier, Yoshizaki, Martyn, Glover, Collins, Distelrath,
Jarrin, Miller
APPROVAL OF MINUTES Motion by McFadden and seconded by Manners to approve
the minutes of the regular meeting of February 4, 1997. Motion
carried 4-0.
PUBLIC COMMENT ON ITEMS ON THE AGENDA No comments offered.
CONSENT CALENDAR Written Communications (None received)
Commissions/Summary of Actions (receive & file)
Human Services 2/11/97
Planning 2/25/97
Senior Citizens' 2/13/97
Waste Management/Environmental Quality 2/20/97
Ordinance for Adoption (waive reading & adopt)
Ordinance 1989 - ORDINANCE NO. 1989 - AN ORDINANCE OF THE CITY
Zone Change 650 COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
APPROVING ZONE CHANGE NO. 650
Miscellaneous - Environmental Services:
Legislators Briefing Regarding the BKK Landfill
Recommendation is to receive and file the staff report.
CONSENT CALENDAR MOTION Motion by McFadden and seconded by Wong to waive further reading
of the ordinance and adopt, and to approve all other items listed on the
Consent Calendar. Motion carried by roll call vote:
AYES: Manners, McFadden, Wong, Touhey
NOES: None
ABSENT: Herfert
REDEVELOPMENT AGENCY Mayor Touhey recessed the City Council meeting at 6:20 pm to con-
vene the Redevelopment Agency. The City Council reconvened at
6:23 pm with Herfert absent.
Special Council Meeting of 3/4/97
APPROVAL OF DEMANDS Motion by McFadden and seconded by Manners to approve Demands
totaling $1,270,322.34 as listed on check registers 168106 through
168410. Motion carried by roll call vote:
AYES: Manners, McFadden, Wong, Touhey
NOES: None
ABSENT: Herfert
MAYOR'S REPORT PURCHASE OF PORTABLE BACKSTOP
City Manager Starbird elaborated on the staff report.
Motion by Wong and seconded by McFadden to approve the
purchasing of a portable backstop to be used by Mustang Pony Colt
Baseball and allocate the $2,500 from the Miscellaneous Park
Improvement Project PP 97212. Motion carried 4-0-1 with Herfert
absent.
Recess Mayor Touhey recessed the City Council meeting at 6:20 pm. The
City Council reconvened at 6:33 pm with the arrival of Councilmember
Herfert.
HEARING APPEAL OF CONDITIONAL USE PERMIT NO. 479
Applicant: Dennis McConaughy and C. R. Wilson
Location: 2646 E. Garvey Avenue So., east of Citrus Street
(within the Country Club Center)
Appeal of CUP 479 Assistant City Manager Wylie verified the affidavit of publication and
mailing. Mayor Touhey opened the hearing and the staff report was
presented by Planning Director Collier, noting that this appeal is not
only on the protested conditions, but an appeal de novo on the entire
application.
Planning Director Collier presented the history of the applica-
tion and review over the past several months, noting inaccurate plans
and failure to respond to staff corrections and questions. The Planning
Commission decision was a 3-1 vote to recommend approval with
certain conditions.
Mr. Collier described the details of the project as applied for,
using a site plan to illustrate the context of the project in relation to the
existing commercial center, as well as the exterior and interior layout of
the proposed facility.
Mr. Collier stated the applicant is appealing the following five
conditions and presented slides to illustrate each:
Condition No. 5h (iii): Planters to be installed on certain
areas of the site. Staff recommended four, the Planning Commission
approved three.
Condition No. 5h (v): Raised concrete slabs around light
pole bases to protect vehicles & light poles (wheel stop).
Condition No. 5v (i): No darts in a bar setting, with a
specified maximum number of games allowed.
Condition No. 5v (ii): Live entertainment is not permitted
unless Planning Commission or Planning Director permission is
obtained (was not originally requested).
. Condition No. 5aa (i): Approval of security program from
Police Department and Planning, including licensed security personnel.
Mr. Collier summarized each Commissioner's perspective in
reaching the 3-1 vote to approve the conditions. Commissioner Reiner
voted no and Commissioner Zeller declined to participate in this matter
due to previous involvement.
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Special Council Meeting of 3/4/97
Mr. Collier noted that the City still does not have accurate
plans on file. He recommended approval of the Planning
Commission's action.
Councilmembers asked for a clarification of the wheel stops in
relation to handicapped access and landscaping requirements and cost.
Public Testimony Mayor Touhey opened the public testimony portion of the hearing and
asked for comments in favor of the applicant. The following addressed
Council:
Tony Kirkoff Tony Kirkoff, attorney for property owner C.R. Wilson et al.,
described the problems the property owners have had with the
proposed requirements relative to traffic, including access for delivery
vehicles. They object to the planters, but not the striping. He felt there
were no real problems existing with current design situation or
markings for handicapped access.
He said that although the cost of planters was not severe, they
are not necessary to achieve the desired objective. In relation to
protecting light standards, there isn't a real problem with people hitting
them. Putting curbs around the light standards make the spaces less
desirable to park in.
Mr, Kirkoff also stated that the property owners are
sympathetic to McConaughy's desire for live entertainment. He noted
some concern with the requirements for illumination on the other lot
(off Citrus Street), as well as the fire lane requirements in the rear.
Mayor Pro Tern McFadden asked about the fighting standards and
whether they have been met. Planning Director Collier responded that
he didn't know yet, but doubted it with the current lights. Mr.
McFadden pressed for Council's discretion in waiving those require-
ments.
Dennis McConaughy Dennis McConaughy, applicant, commented on the slides shown by
Planning Director Collier. He stated that the planting improvements
have already been made on the site. He said that open space is
necessary for delivery vehicles; planters will cause accidents. He
commented on his desire for darts to be competitive with other sports
bars.
He opposed the condition that pool tables must be located six
feet from the walls which would prevent him from adding another
table.. He claimed that live entertainment has always been a part of
this facility and has specifically been discussed a number of times,
although the application itself does not state five entertainment per se.
He emphasized the need for live entertainment.
Mr. McConaughy complained about the fees required by the
Planning Department to process his application inasmuch as he keeps
having to raise the same issues time and time again. He also disagreed
with the requirement for licensed security personnel. He doesn't want
them to be armed, only well -dressed in order to avoid confrontations
with customers. He disagreed with staffs assessment of lighting
deficiencies.
Councilmember Manners asked about the process for considering live
. entertainment. City Attorney Marlyn responded that it wasn't before
the Council this evening as it hadn't been through CEQA. Ms.
Manners asked for a clarification on the status of the reviews and
amounts owed by the applicant. Planning Director Collier responded
and commented further regarding the requirements for licensed
security.
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Special Council Meeting of 3/4/97
Mr. McConaughy expressed concern about the length of time it would
take to amend the CUP and go through the process. He sought
Council's approval this evening for five entertainment. City Attorney
Marlyn reiterated her earlier point that consideration of live entertain-
ment is different from other forms of review, which hasn't been done.
Councilmember Wong asked about the opening date of the facility.
Mr. McConaughy stated within two months. Mr. Wong suggested Mr.
McConaughy go through the process at that time. Mr. McConaughy
could see no end to the review process.
In Opposition Mayor Touhey asked if there were any comments in opposition to this
matter and no one addressed the City Council.
Testimony Closed Mayor Touhey closed the public testimony portion of the hearing and
commenced Council discussion.
Council Discussion Councilmember Manners stated that live entertainment should not be
an issue in this hearing and that the applicant needs to go through that
particular process. She then asked Police Chief Distelrath to review
past problems at the site. Chief Distelrath recounted the record of
responses to the location over time. He also discussed the Police De-
partment's concerns with the outdoor lighting of the site.
Councilmember Wong asked about truck traffic and turnaround space.
Planning Director Collier stated that the driveways and aisles as
proposed by staff are appropriate for the types of delivery trucks that
would visit the site.
Mayor Pro Tent McFadden asked for more information regarding past
problems requiring the Police. Chief Distelrath responded.
Mayor Touhey was concerned that the proposed conditions were only
a partial solution to problems of the entire site, and that requirements
on this applicant were a piecemeal approach. He didn't favor the
requirements. He did not feel that darts were unsafe.
Mayor Pro Tem McFadden thought the planters should not be a
requirement of McConaughy and should only be done if the owner
wants a redevelopment of the site. He didn't feel the lights were
necessary as security personnel should be outside. He disagreed with
the need to place curbs around the light standards, and that darts
should be permitted. He opposed armed security personnel. Live
entertainment has always been a part of this facility and McConaughy's
assumption of its continuance should be considered at this meeting.
Lastly, Mr. McConaughy should be able to appeal the costs at this
hearing; if not, amend the Municipal Code to permit such an appeal.
Councilmember Wong agreed with permitting darts; however, neither
Mr. Kirkoff nor Mr. McConaughy have persuaded him that the other
conditions weren't reasonable. Live entertainment should be con-
sidered through its usual process and not be rushed through this
. Council, which will change after this evening's election results.
Councilmember Manners agreed with Councilmember Wong. An
upscale establishment should have the proposed amenities. She had no
objection to darts.
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Special Council Meeting of 3/4/97
P
First motion Motion by Manners and seconded by Wong to affirm the Planning
Commission's approval, except for the prohibition of darts. Discussion
followed.
Mayor Touhey cited an example of a Glendora Avenue
merchant whose business has been adversely affected by staffs
recommendations as to sidewalks, etc., which resulted in removing
parking directly in front of his business.
Amended motion offered Mayor Pro Tern McFadden offered an amended motion to grant the
appeal with no planters, curbs, lighting, and that darts and five
entertainment be allowed, and no licensed security requirement.
Mayor Touhey stated that he would second the motion if it included
the condition that five entertainment be processed through the regular
method.
Further discussion ensued regarding the issue of propriety of
considering the live entertainment issue.
Action on first motion Mayor Touhey asked for a vote on Ms. Manners' motion. The motion
failed 2-3 with Herfert, McFadden, and Touhey voting no.
City Attorney Marlyn explained the procedural requirements for con-
sidering five entertainment. She stated that live entertainment was not
included on the application, nor was it contained on the hearing notice.
Amended motion dies Mayor Pro Tem McFadden disagreed as to the noticing
requirements. He felt there would be no objections to live
entertainment. He restated his motion. Mayor Touhey was unwilling
to second McFadden's motion because it did not include the
requirement that live entertainment be processed through the regular
method.
Second motion Motion by Touhey and seconded by Wong to waive requirement for
licensed security, fighting, planters, and concrete slabs to protect the
light structures, and permit darts. Further discussion ensued.
Motion carved 3-2 with Manners and Wong voting no.
Mayor Touhey requested schedule of fees and guarantee of
processing time.
Assistant City Manager presented
Resolution 9416 - RESOLUTION NO. 9416 - A RESOLUTION OF THE
approving CUP 479, as amended CITY COUNCIL OF THE CITY OF WEST COVINA,
APPROVING CONDITIONAL USE PERMIT NO. 479, AS
AMENDED
Motion by Wong and seconded by McFadden to waive further
reading of the resolution and adopt. Motion carried 3-2 with Wong and
Manners voting no.
ADJOURNMENT Motion by Herfert and seconded by McFadden to adjourn the meeting
at 8:50 pm. Motion carried 5-0.
ATTEST.
V
-City Clerk Janet Berry
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-C�{�.IJ.Ku.h Mayor A&jamin
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