Loading...
06-03-1997 - Regular Meeting - MinutesrL • 1* MINUTES REGULAR MEETING OF THE WEST COVINA CITY COUNCIL JUNE 3,1997 The regular meeting of the West Covina City Council was called to order by Mayor Wong at 7:45 pm in the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina. The invocation was given by City Manager Starbird and the Pledge of Allegiance was led by Councilmember Touhey. ROLL CALL Mayor Wong, Mayor Pro Tem Melendez, Councilmembers Herfert, Howard, Touhey Others Present: Starbird, Collier, McIsaac, Miller, Samaniego, King, Keating, Martyn, Collins, Greene, Yoshizaki, Fong, Glover, Distelrath, Berry APPROVAL OF MINUTES Mayor Wong corrected a couple of misspellings in the minutes of the special meeting of April 11. Motion by Touhey and seconded by Howard to approve the following minutes: Special meeting of April 11, 1997, as corrected Regular meeting of May 6, 1997 Special meeting of May 13, 1997 Special meeting of May 17, 1997 Special meeting of May 19, 1997 Special meeting of May 20, 1997 Motion carried 5-0 with Wong abstained from approval of the minutes of May 17 and May 19 as he was absent from the meetings. PRESENTATIONS No presentations scheduled for this meeting. HEARING ZONE CHANGE NO.654/OUTDOOR USES OVERLAY ZONE CODE AMENDMENT NO. 276/OUTDOOR USES OVERLAY ONE ORDINANCE Mayor Wong stated that he would need to abstain from the discussion and the vote on this matter,. due to conflict of interest laws. He turned the meeting over to Mayor Pro Tern Melendez to conduct the hearing. Zone Change 654 & City Clerk Berry verified the affidavit of mailing and publi- Code Amendment 276 cation. Mayor Pro Tern Melendez opened the hearing and the staff report was presented by Planning Director Collier. Public Testimonv Mayor Pro Tern Melendez opened the public testimony portion of the hearing and asked for comments favoring the proposals. The following individual addressed Council: Kathy Tallerino Kathy Tallerino of Tallerino's Pizza, Pasta & More felt staff did a fine job in trying to please everyone involved. She urged support of the zone change and code amendment. Mayor Pro Tern Melendez asked for comments in opposition and no one addressed Council. He closed the public testimony portion Testimony closed of the hearing. Council Comments Councihmember Touhey stated that in his opinion plastic tables and chairs should not be prohibited. They are easier to clean and stack than some of the heavier types of outdoor furniture. There were no Council objections to his suggestion., Mayor Pro Tern Melendez was pleased with the code amendment and zone change. Council Minutes of June 3, 1997 City Clerk Berry presented: Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE Code Amendment 276 CITY OF WEST COVINA, CALIFORNIA, AMENDING CERTAIN SECTIONS OF THE WEST COVINA MUNICIPAL CODE TO PERMIT OUTDOOR DINING, OUTDOOR RETAIL DISPLAY, AND OUTDOOR ENTERTAINMENT IN A SPECIFIED AREA (Code Amendment No. 276 - Outdoor Uses Overlay Zone), AS AMENDED Motion by Howard and seconded by Touhey to waive further reading of the ordinance and introduce. Motion carried 4-0-1 with Wong abstaining (conflict of interest). City Attorney Marlyn provided amended language to permit plastic outdoor furniture: Section 26-736 "(h) Design. Outdoor dining furniture, barriers, and other components of outdoor dining areas shall reflect a high quality of design and be compatible with its surroundings. Outdoor dining objects shall be made of wood, metal, or other durable material. Plastic furniture shall be durable and aooroved in advance by the Planning Director." City Clerk presented: Ordinance introduced - AN ORDINANCE OF THE CITY COUNCIL OF THE Zone Change 654 CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR- NIA, AMENDING CERTAIN SECTIONS OF THE WEST COVINA MUNICIPAL CODE APPROVING ZONE CHANGE NO. 654 TO APPLY THE OUTDOOR USES (0-0 OVERLAY ZONE TO CERTAIN PROPERTIES Motion by Melendez and seconded by Touhey to waive further reading of the ordinance and introduce. Motion carried 4-0-1 with Wong abstaining (conflict of interest). Mayor Wong resumed presiding the meeting and called the Redevelop- ment Agency to order at 8:07 pm to conduct the following joint public hearing. HEARING JOINT PUBLIC HEARING - PROPOSED REAL PROPERTY EXCHANGE AGREEMENT, FIRST AMENDMENT TO OWNER PARTICIPATION AGREEMENT, AND FIRST AMENDMENT TO THE PUBLIC PARKING FACILITIES OPERATING AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY AND WESTFIELD AMERICA, INC. - PARCEL D AT EASTLAND CENTER Mayor Wong stated that he would need to abstain from the discussion and vote on this matter, due to conflict of interest laws. He turned the meeting over to Mayor Pro Tem, who introduced the topic. City Clerk Berry verified the affidavit of publication and stated that the following documents were on file: 1) Real Property Exchange Agreement, a First Amendment to the Owner Participation Agreement, and a First Amendment to the Public Parking Facilities Operating Agreement by and between the . West Covina Redevelopment Agency and Westfield America, Inc. 2) Summary Report as required by Section 33433 of the Redevelop- ment Law. Hearing held over Mayor Pro Tern Melendez stated that there was a need to hold over this until the June 17'h Council meeting. Motion by Howard and seconded by Herfert to hold over this hearing until June 17. Motion carried 4-0-1 with Wong abstaining (conflict of interest)- 2 Council Minutes of June 3, 1997 Recess The meeting returned to Mayor Wong's leadership, who recessed the City Council portion of the meeting at 8:10 pm to continue the Redevelopment Agency agenda. The City Council reconvened at 8:11 pm with all members present. AGENDA AND ORAL COMMUNICATIONS Heidie Oliver Heidie Oliver, 516 W. Greendale Street, Covina, said she was tired of having to listen to the loud noise emanating from the West Covina Nissan Dealership when they conduct the radio promotions (Item G- 10. Roberta Azpeitia Roberta Azpeitia, 1745 Woodgate Drive, discussed Item D-1 (3-Way Stop at Temple/Woodgate). Linda Mooney Linda Mooney, 1721 Woodgate Drive, also addressed Item D-1 and requested Council to approve all eleven staff recommendations. Wendy Lopez Wendy Lopez, stated that in relation to Item D-1, her six -year old son was hit by a car and permanently disabled. She emphasized the need to decrease the speed on Temple. Robert Leech Robert Leech of Woodgate Drive addressed the recommendations for Item D-1 as an experienced Traffic Engineer. He suggested that a speed actuated signal would be the best solution and the second best solution would be a three-way stop. Fred Beasley Fred Beasley, 2754 Brookfield Place, stated that he was the Neighbor- hood Watch Captain for the Temple/Woodgate area (Item D-1) and validated the increase in vehicles and speed throughout the area. Royal Brown Royal Brown, 2153 Aroma Drive, addressed Item D-1 noting that the problem at this intersection is an example of the traffic problems that have been there all along. He felt a signal would be the best solution. Roy Whitney Roy Whitney, 2749 Brookfield Place, stated that the residents requested and want a three-way stop. The eleven recommendations will not allay the problem. Elizabeth Elizabeth, a new resident on Woodgate Drive, stated that in just the short time she has lived in the area she can attest to the need for something to be done at the Temple/Woodgate intersection. Linda Mooney Linda Mooney, 1721 Woodgate Drive, added further comments to her statements made earlier, stating that the accident reports do not include all the accidents that take place, the staff report doesn't address the need for a crosswalk, and large noisy trucks travel on Temple to avoid the Azusa/Amar Road and should be cited. Recess Mayor Wong recessed the City Council meeting at 8:35 pm in order to re -call the Redevelopment Agency to order. An item had been • skipped. The City Council reconvened at 8:36 pm with all members present. CONSENT CALENDAR Written Communications (none received) 3 Council Minutes of June 3, 1997 It PJ PP 97201 - Whelan Construction Commissions/Summary of Actions (receive & file) Human Services 5/13/97 Personnel 5/14/97 Planning 5/27/97 Senior Citizens' 5/8/97 Waste Mgmt/Environmental Quality 5/15/97 Temporary Use Permits (receive & file) TUP #2396-97 was issued to ESGV Health Clinic, 420 S. Glendora Avenue for a rummage sale on 5/17/97. TUP #2397-97 was issued to West Covina Nissan, 1840 E. Garvey Avenue, for a radio promotional event on 5/17/97. Award of Bids: PP 97201 - Cortez Park - Enlarge Storage Area and Snack Bar at the Football Field Recommendation is to transfer $5,000.00 from PP 97202 (Cortez Lighting Project) to PP 97201 and accept the bid of Whelan Construction, West Covina, in the amount of $32,475.00 and authorize the Mayor and City Clerk to execute the agreement. Award of Bid for Purchase of a Portable Snack Bar Portable Snack Bar - Recommendation is to authorize staff to award the bid to Owen's Owen's Trailers Trailers, Baldwin Park, in the amount of $25,000 and permit $10,000 in additional equipment upgrades. Miscellaneous - Public Works West Covina Citywide Sewer Service Charge Recommendation is to review the Engineer's Report and adopt the following resolution: Resolution 9455 - RESOLUTION NO. 9455 - A RESOLUTION OF THE Public Hearing: 7/l/97 CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFOR- NIA, DECLARING ITS INTENTION TO COLLECT THE CITY- WIDE SEWER SERVICE CHARGES THROUGH THE COUNTY GENERAL TAX BILL AND SETTING A DATE FOR A PUBLIC HEARING THEREON (Public Hearing: July 1, 1997) Miscellaneous - Fire Department State Joint Apprentice Funding of Equipment Recommendation is to receive and file the staff report. Miscellaneous - Redevelopment Agency Auto Plaza Business Improvement District ' Recommendation is to adopt the following resolution: Resolution 9456 - RESOLUTION NO. 9456 - A RESOLUTION OF THE Public Hearing: 6/17/97 CITY COUNCIL OF THE CITY OF WEST COVINA TO LEVY ASSESSMENTS WITHIN THE WEST COVINA AUTO PLAZA BUSINESS IMPROVEMENT DISTRICT AREA FOR FISCAL YEAR 1997/98, AND PROVIDING NOTICE OF PUBLIC HEARING THEREON TO BE CONDUCTED JUNE 17, 1997 Miscellaneous - Communications Department Information on 3-1-1 and Wireless 9-1-1 Recommendation is to receive and file the staff report. 51 Council Minutes of June 3, 1997 It 0 CONSENT CALENDAR MOTION Motion by Herfert and seconded by Touhey to waive further reading of the resolutions and adopt, and to approve all other items listed, except: C-3 (TUP's) and C4a (PP 97201 - Bid Award). Motion carried by roll call vote: AYES: Herfert, Howard, Melendez, Touhey, Wong NOES: None Item C-3 Councilmember Herfert asked about the Temporary Use Permit pro- cess and putting them on the Council's agenda after the event has taken place. Planning Director Collier responded that the TUP's were placed on the Agenda as informational items only, to keep the Council abreast of events and happenings within the City. Discussion ensued regarding noise and traffic congestion complaints in relation to radio promotions (TUP #2397-97) and whether or not the process should be changed to have TUP's approved by the City Council. The City Attorney read the applicable part of the Municipal Code granting flexibility to the Planning Director in considering TUP's. The discussion concluded by re -enforcing the Planning Director's discretion in approving TUP's, imposing conditions, or denying them. Motion by Herfert and seconded by Howard to receive and file the TUP's, as recommended. Item C-4a Mayor Wong stated that the award of bid to enlarge the storage area and snack bar at Cortez Park was on the agenda at the last meeting. He had asked for more information about the football league at Cortez Park and this current report still leaves his concerns unanswered. He stated that he was not opposed to the expansions or spending the money for the improvements. He felt it was premature at this point to approve the expansions if the football league was in fact losing partici- pants. He suggested holding the project and funds in abeyance until next year, when the League's leadership and financial problems have been resolved and the transition with new Board members has settled down. Councilmember Touhey noted that he has talked to the League and elections for new Board members is next week. The league had difficulty managing the snack bar money and he has asked the City's Finance Director to conduct a workshop for all the leagues in managing their money. Councilmember Howard appreciated both points of view and suggested reviewing this whole situation in three or six months. At that time Council could make a decision on the expansion. Motion by Herfert and seconded by Touhey to approve C4a as recommended by staff. Motion carried 3-2 with Howard and Wong voting no. Recess Mayor Wong called a recess at 9:02 pm. The City Council reconvened at 9:15 pm with all members present. PUBLIC WORKS REQUEST FOR A 3-WAY STOP AT TEMPLE AVENUE AND WOODGATE DRIVE Temple/Woodgate Public Works Director Glover presented the staff report, explaining the eleven recommended actions of the Traffic Committee. These actions were in lieu of the requested three-way stop at the intersection in ques- tion. Motion Motion by Herfert and seconded by Howard to approve the 11 point program and install a. three-way stop. Mayor Wong wondered if some of the points could be eliminated if the three-way stop was installed. 5 Council Minutes of June 3, 1997 It Action on Motion Councilmember Howard suggested that none of the 11 points be implemented with the installation of the three-way stop. That way, staff and the Council would be able to study the effectiveness of the stop signs as a speed deterrent, an issue that is always debated. Councilmember Melendez felt the 11 ideas were relatively inexpensive and each one should be implemented along with the three- way stop sign. He then asked the Public Works Director to address the . photo enforcement program introduced in another City. Mr. Glover responded that it was found to be unenforceable and was discarded. Mayor Wong asked for a vote on the motion. Motion carried 5-0. In addition, staff was requested to provide a report on photo enforcement, no parking on Temple Street, and installing a crosswalk at the inter- section of Temple and Woodgate. WASTE MANAGEMENT ENFORCEMENT AGENCY (LEA) No reports for this meeting. ENVIRONMENTAL SERVICES No reports for this meeting. PLANNING DEPARTMENT 1) ADULT NEWSRACK ORDINANCE Council reviewed the staff report. Councilmember Touhey requested that this item be held over. Motion by Howard and seconded by Touhey to hold this item over until the meeting of July 1, 1997. 2) FIRM PERMITS Film Permits Planning Director Collier presented the staff report. Council - member Touhey suggested that staff establish a relationship Entertainment Industry because of their experience and exper- tise in the permitting process. Motion by Howard and seconded by Melendez to . refer the matter to staff and the Planning Commission to develop a comprehensive Motion Picture and Television Pro- duction ordinance for recommendation to Council. Motion carried 5-0. 3) AUTO DEALER PROMOTIONAL EVENTS - WEST COVINA NISSAN W.C. Nissan - Promotional Events Planning Director Collier presented the staff report and Police Chief Distelrath added that the events in question tie up police resources. Council discussion ensued these types of events and the Temporary Use Permit process. Motion by Howard and seconded by Touhey to con- tinue to use the TUP process and where past experience has shown there to be complaints or problems, the Planning Director has the flexibility to step up the conditions: i.e. wider notification or Planning Commission approval, etc. Motion carried 5-0. REDEVELOPMENT AGENCY 1) The RDA agenda was handled earlier in the meeting. Council Minutes of June 3, 1997 It BIT Funds for CARE HUMAN SERVICES PUBLIC SAFETY ADMINISTRATIVE SERVICES 2) REQUEST FOR APPROPRIATION OF $50,000 IN SURPLUS BUSINESS IMPROVEMENT TAX FUNDS Council reviewed the staff report. Motion by Touhey and seconded by Herfert to approve the appropriation of $50,000 from the 1996/97 surplus BIT funds to Account 118-320-2430-6457 to expand the Agency's "CARE" micro -loan program to allow businesses outside of the Project Area eligible for financial assistance. Motion carried 5-0. No reports for this meeting. No reports for this meeting. No reports for this meeting. GENERAL ADMINISTRATION No reports for this meeting. APPROVAL OF DEMANDS Motion by Melendez and seconded by Herfert to approve Demands totaling $1,274,666.05 as listed on demand registers FI 170148 through 170456. Motion carried by roll call vote: AYES: Herfert, Howard, Melendez, Touhey, Wong NOES: None ORAL COMMUNICATIONS No comments offered. MAYOR'S REPORTS 1) APPOINTMENT OF CITY COMMISSIONERS Council reviewed the staff report. Mayor Wong stated that Mayor Pro Tem Melendez and he would interview the candidates for the Planning Commission. He asked the remainder of Council to call him with their subcommittee preferences by the next meeting or he would need to make the assignments. 2) APPOINTMENT TO HURST RANCH HISTORICAL FOUNDATION Council reviewed the staff report. Hurst Ranch Hist. Foundation Mayor Wong stated that Councilmember Touhey wished to relinquish his position on the Foundation board and have Mayor Wong replace him. The other position is being held by Councilmember Herfert and he has expressed interest in remaining on the board. Motion by Melendez and seconded by Touhey to designate Mayor Wong and Councilmember Herfert to sit on the Board of Directors of the Hurst Ranch Historical Foundation. Motion carried 5-0. Mayor Wong encouraged the audience to remember to vote the Citywide Assessment District protest hearing ballot that was mailed to each parcel owner of the City over the weekend. 7 Council Minutes of June 3, 1997 t COUNCILMEMBERS' REPORTS ADJOURNMENT ATTEST: City Clem Janet Berr No comments offered. Motion by Howard and seconded by Melendez to adjourn the meeting at 10:20 pm. Motion carved 5-0. �� *. Chu►: _ Iffror• • ri • `� MI