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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. 2 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. 3 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. 0 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 n -C�{�.IJ.Ku.h Mayor A&jamin - 5