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11-12-1990 - Regular Meeting - MinutesM:I N U T E S�. WEST COVINA CITY COUNCIL' REGULAR MEETING November 12, 1990 The regular meeting of the West Covina City Council was called to order at 7:35 pm by Mayor Tarozzi in the City Hall Council Chambers,11444 W..Garvey Avenue. The Pledge of Allegiance was led by Councilmember Herfert and the invocation was given by Councilmember Jennings. ROLL CALL Mayor Tarozzi, Mayor Pro Tem McFadden, Councilmembers Herfert, Jennings, Manners Others Present: Thomas, Hanna, Holmes, Jones,.Hendrix, Wolff, Virata, Haley, Glover, Yoshizaki, Johnson, Wylie, Brown, Manheim, Holler- Koniarsky, Salazar, Berry APPROVAL OF MINUTES Motion by Jennings, seconded by Herfert to approve the :. minutes of the adjourned regular meeting of October 16, 1990. Motion carried with Manners abstaining, as she was absent for that meeting. Mayor Pro Tem McFadden requested an addition of "and other similar City functions" to page five of the minutes of October 29, 1990. Councilmember Jennings corrected the references of 2 pm to 2 am on page 8. Motion by Jennings, seconded by McFadden, and unanimously carried to approve the minutes of the regular meeting of October 29, 1990, as_:corrected. PRESENTATION Mayor Tarozzi presented TELEPHONE PIONEER MONTH (November) proclamation.to Barbara Clark of the San Gabriel Valley Chapter of Telephone Pioneers. HEARING TIME EXTENSION: NEIGHBORHOOD COMPATIBILITY INTERIM URGENCY ORDINANCE, AS AMENDED City Clerk Berry verified the affidavit of publication. Mayor Tarozzi opened the hearing and Planning Director Haley presented the staff report. Mayor Tarozzi asked for comments favoring the amended Public Testimony urgency ordinance. Speakers spoke on both.sides of the - - - - - - - - issue, however. - Royal Brown Royal Brown, 2153 Aroma Drive, suggested imposing parking requirements. Panee McDonald Panee McDonald, 1910.E. Merced, has plans to increase their residence by 35% on a one -acre lot. Edward Rodgers Edward Rodgers,: 1848 E. Merced, supported the original ordinance limitation of 50%. Roxanna Omar Roxanna Omar, 2216 E. Merced, wants to increase their 4500 sq.:foot residence to 6500 sq. feet. Mark Haden Mark Haden, building contractor for 1829 E. Merced Public Testimony closed Avenue, agreed with limitations, but 50% was ridiculous. - - - - - - - - - - - - There being no others wishing to address Council, Mayor Traozzi closed.the public testimony portion of the hearing. Council discussion Councilmember Herfert commenced Council discussion stating his opposition to the.amended limitations in the ordinance, preferring the 50% restriction for all residential zones. Mayor Tarozzi stated he could not support the 50% restric- tion. r� It CITY COUNCIL MINUTES November 12, 1990 Page Two Councilmember Manners expressed support for the recom- mendation. Discussion followed regarding the specific zoning district restrictions as proposed by staff. Motion by Herfert; seconded by Jennings to limit expansion to 50%, except for District I and IA.at'100%. Motion failed by the following roll call vote: AYES: Herfert, Jennings NOES: Manners, McFadden, Tarozzi Motion by Tarozzi,.seconded by Manners to,accept the recommendations by staff. Further discussion followed. Councilmember Manners felt there was room for compro- mise and encburage& furtherccomments. Mayor Tarozzi withdrew his motion with the concurrence of Manners. Motion by Tarozzi, seconded by Manners to amend the proposed ordinance with the following percentages: Area District I 100% Area District IA 100% Area District II 100% Area District IIA 100% Area District III 100% Area District IV 150% Area District V _ 200% PCD71:; 100% The motion passed by the following roll call vote: AYES: Jennings, Manners, McFadden, Tarozzi -NOES: Herfert Recess Mayor Tarozzi called a recess at 9:05 pm. Council recon- vened at 9:17 pm. Mayor Tarozzi asked for the heading of the ordinance. City Clerk presented: Ordinance 1863 - ORDINANCE NO. 1863 - AN ORDINANCE OF THE CITY COUNCIL extending Ord. 1861 OF THE CITY OF WEST COVINA, EXTENDING ORDINANCE NO. 1861, re mansionization AS.AMENDED, DECLARING A LIMITATION ON THE SIZE OF THE EXPANSION OR CONSTRUCTION OF SINGLE-FAMILY RESIDENCES AND DECLARING THE URGENCY THEREOF Motion by Tarozzi, seconded by Manners, and unanimously .''Carried to waive further reading of the ordinance. Motion by Manners, seconded by McFadden to adopt the ordinance. Motion carried by roll call vote: AYES: Jennings, Manners, McFadden, Tarozzi NOES: Herfert AGENDA AND ORAL COMMUNICATIONS Jean Arneson, 1116 Donna Beth, addressed E-2a, noting that BKK Business License tax has not been increased in six years and felt a 1� increase on each $1.00 gross Jean Arneson receipts was fair. Chuck Bates, 1637 Lang, addressed E-2b, encouraging Council to study the issue of recycling before taking Chuck Bates. action. He favored central collection and sorting. Royal Brown, 2153 Aroma Drive, addressed E-2b(i), Royal Brown suggesting the City go to bid for a recycling program. - 2 - CITY COUNCIL MINUTES November 12, 1990 Page Three Esther Swift, 1807 W. Swanee Lane, addressed E-2b, stating that $1.21 might be too costly for those on fixed income and noted that West Covina Disposal requires payment before Esther Swift services are rendered. Xavier Hermosillo, 1930 Shamwood Street, addressed E-2b, reminding Council of a proposed pilotcprogram sug- gested -sometime ago and favored sending the entire subject matter to the Waste Management and Environmental Quality Commission. He also asked for clarification regarding Xavier Hermosillo- Redevelopment Agency Item.No. II. Roy Proctor, 1016 S. Montezuma Way, owner2of`West Roy Proctor Covina Disposal, clarified rates charged in other cities. David Shaw, 833 W. Lucille, addressed a code enforce - David Shaw ment situation he was facing. Mayor Tarozzi reminded him that Council could not comment on the issue since hec,had filed suit against the City. Royal Brown, 2153 Aroma Drive, suggested the City waive Royal Brown watering lawns during droughts. CONSENT CALENDAR Written Communications (none received) Commission Summary of Actions (receive and file) Planning Commission 11/7/90 Human Resources Commission 10/25/90 Recreation and Parks Commission 10/23/90 ABC Applications (Police Chief reports no legal basis for protest Brar, Ajaib & Dalbir dba JERRY''S HOUSE OF SPIRITS West Covina 944 West Covina Parkway Houdini, Inc. dba WINE COUNTRY GIFT BASKETS Fullerton 621 Fashion Plaza Claims for Action (deny -and notify claimant) Gloria D. Costales for minor Jesse Lee Costales filed•'a claim on August 27, 1990 for personal injuries amounting to $210.00. Geoffrey and Edna Wolfsont filed a claim on September 12, 1990 for property damage amounting to $2,565.00. Temporary Use Permits (receive and file) TUP #1973-90 was issued to Orangewood Little League for a rummage sale on 10/27 - 10/28 at.West Covina Unified School District's parking lot. TUP #1974-90 was issued to Bozzani Motors, 1800 Garvey Avenue, for balloons on 10/27'- 10/28. TUP41975-90 was issued to West Covina Nissan, 1840 Garvey Avenue, for balloons on 10/27 - 10/28. TUP #1976-90 was issued to West Covina Toyota, 821 S. Glendora, for balloons on 11/3 - 11/4. TUP #1977-90 was issued to Reynolds Buick, 345 N. Citrus, for balloons on 11/8 - 11/11. - 3 - CITY COUNCIL MINUTES November 12, 1990 Page Four Acceptance of Improvements and/or Release of Bonds UUP 398 - 1) UUP 398 - Public Works Improvements - Refugio Garcia Refugio Garcia Location: 1711 South Sunset Avenue Recommendation is to accept public works improve- ments and release Great American Bank Passbook No. 168-307-0021.in the amount of $6,000. SP 90115 - 2) SP 90115 - Concrete Bus Pads - Nobest, Inc. Nobest, Inc. Location: Amar Road.from Valinda to Shadow Oak Drive Recommendation. is to accept concrete bus pads and release Continential Insurance Company Bond No. 119-71-38 in the amount of $124,407.00, subject to Notice of Completion process. Miscellaneous Public Works 1) MP 90107 - Walnut Creek Recommendation is :to abandon the bikeway project and authorize staff to return $120,000 plus accumulated interest to the Los Angeles County Transportation Commission, 2) MD No. 6 - Tract Nos. 39469, 33835, 39470, 39471, and Parcel Map No. 18364 — Accept Open Space Lots Recommendation is to adopt the following: Resolution 8593 - RESOLUTION NO. 8593 - A RESOLUTION OF THE CITY MD 6 - open space lots COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ACCEPTING LOTS 56, 57 AND 58 IN TRACT 39469; LOT 51 IN TRACT 39470; LOTS 26 AND 27 IN TRACT 39471 AND PARCEL 4 IN PARCEL.MAP 18364 FOR OPEN SPACE PURPOSES AND DIRECTING THE RECORDATION THEREOF . 3) MD No. 6 - Landscape Contract Renewal MD 6 - Landscape renewal Recommendation is to grant a renewal of J & R Landscape with J & R Landscape Maintenance Company's contract for the coming twelve- month period at a 5.7% increase, for an annual cost of $64,362.04. 4) Street Medians and Rights -of -way - Landscape Main- tenance Contract Renewal - Creative Landscaping, Inc. Street medians & rights -of -way Recommendation is to grant a renewal of Creative Land - contract renewal with scaping's contract for the coming twelve-month period Creative Landscaping at a 5.7% increase, for an annual cost of $146,132.36. Ordinance for Adoption (waive reading and adopt) ORDINANCE NO. 1864 - AN ORDINANCE OF THE CITY COUNCIL OF Ordinance 1864 - THE CITY OF WEST COVINA, CALIFORNIA, AMENDING THE WEST tree preservation COVINA MUNICIPAL CODE, CHAPTER 26 AND CHAPTER 24, REGARDING THE PRESERVATION, PROTECTION, AND REMOVAL OF SIGNIFICANT TREES, HERITAGE TREES AND PUBLIC TREES. Administrative Review Board (receive and file) Driveway Modification No. 64: Applicant: Carlos:;Gonzales, 2736 Brookfield Place Request: Approval of a driveway modification to permit an additional pavement width of 12 feet for recreation vehicle parking. ARB Decision: Approve - 4 - N lk CITY COUNCIL MINUTES November 12, 1990 Page Five Quarterly Construction Activity Report (Informational) Third quarter report ending September 30, 1990, based on building permits issued. Miscellaneous Extension of Leave of Absence Without Pay - Barbara Collins Recommendation is to authorize a six -day extension of the leave of absence without pay for Barbara Collins, effective October 23, 1990 and ending October 28, 1990. Item removed from Councilmember Jennings requested Item C-7a be removed for Consent Calendar separate consideration. CONSENT CALENDAR MOTION Motion by Herfert, seconded by McFadden to waivevfurther reading of the ordinance and resolution and to adopt both, and to approve all other items listed, except Item C-7a. Motion carried by -roll call vote: AYES: Herfert, Jennings, Manners, McFadden, Tarozzi NOES: None Item C-7a Upon request, Interim City Manager Thomas clarified the bikeway funds intended for return to the L.A. Transportation Commission because of overwhelming sentiment expressed by property owners adjacent to proposed bikeway. Councilmember Jennings requested additional information Motion by Manners, seconded by McFadden to approve staff's recommendation. Motion carried with Jennings voting NO. Staff to respond with further information. PUBLIC WORKS DIVISION 1) SS 87133 — APPROVE PLANS AND SPECIFICATIONS - AZUSA AVENUE SEWER LIFT STATION SS 87133 - Council reviewed the staff report. Plans and specs approved Motion by Herfert, seconded by McFadden, and unani mously carried to approve the plans and specifications for SS 87133 and authorize the City Engineer to call for bids. 2) SP 90130 - APPROVE PLANS AND SPECIFICATIONS - GLENDORA AVENUE IMPROVEMENTS Council reviewed the staff report. Motion by Manners, seconded by McFadden, and SP 90130 - unanimously carried to approve plans and specifications Plans and specs approved for SP 90130 and authorize the City Engineer to call for bids, subject to authorization from the State of California, Department of Transportation and the Federal Highway Administration. 3) SP 91110 - APPROVE PLANS AND SPECIFICATIONS - BUS STOP_�PADS IMPROVEMENTS SP 91110 - Council reveiwed the staff report. Plans and specs approved Motion by Jennings,. seconded by Herfert, and unani- mously carried to' approve plans and specifications for SP 91110 and authorize the City Engineer to call for bids. - 5 - CITY COUNCIL MINUTES November 12, 1990 Page Six 4) SL 90116 - APPROVE PLANS AND SPECIFICATIONS - UPGRADE SAFETY LIGHTING SL 90116 - Council reviewed the staff report. Plans and specs approved Motion by McFadden, seconded by Jennings, and unanimously carried to approve the plans and specifi- cations for SL 90116 and authorize the City Engineer to call for bids. 5) TS 90128-tAPPROVE PLANS AND SPECIFICATIONS - CBD TRAFFIC SIGNALS Council reviewed the staff report. Motion by Jennings, seconded by Herfert, and TS 90128 - unanimously carried to approve plans and specifications Plans and specs approved for TS 90128 and authorize the City Engineer to call for bids, subject to authorization from the State of California, Department of Transportation and the Federal Highway Administration. 6) TS 90129 - APPROVE PLANS AND SPECIFICATIONS - NOGALES TRAFFIC SIGNALS Council reviewed the staff report. TS 90129 - Motion by McFadden, seconded by Jennings, and Plans and specs approved unanimously carried to approve plans and specifications for TS 90129 and authorize the.City Engineer to call for bids, subject to authorization from the State of California, Department of Transportation and the Federal Highway Administration. 7) MP 91120 - GEOTECHNICAL INVESTIGATION - CONSULTANT AGREEMENT Council reviewed the staff report. MP 91120 - Geotechnical Motion by Jennings, seconded by Herfert, and investigation unanimously! --carried to a) establish MP 91120; b) appropriate $5,000 from MD No. 4 Contingency Funds to MP 91120 (184-320-3127-7900); and c) accept the proposal of Douglas P. Hildenbrandt, P.E., in the amount of $4,040.00 and authorize the.Mayor and City Clerk to execute an agreement with Mr. Hildenbrandt. Recess Mayor Tarozzi called a recess at 10:21 pm. Council reconvened at 10:30 pm. COMMUNITY SERVICES DIVISION BUILDING AND SAFETY DEPARTMENT .. 1) GP 87309 - APPROVE PLANS AND SPECIFICATIONS - CORTEZ PARK SENIORS CENTER ADDITION Council reviewed the staff report and asked questions about the impact of this project on Fire Station No. 2. GP 87309 - Discussion followed. Plans and specs approved Motion by Manners, seconded by Jennings, and unanimously carried to approve the plans and specifi- cations for GP 87309 and authorize the Building and Safety Director to call for bids. - 6 - CITY COUNCIL MINUTES November 12, 1990 Page Seven OFFICE OF COMMUNITY SERVICES 1) INTEGRATED WASTE MANAGEMENT PROGRAM FUNDING Council reviewed the staff report. Councilmember Herfert asked questions of the BKK representative, Bob Levy. City Attorney clarified the M.O.U. between the City and BKK. Motion by Jennings, seconded by Tarozzi to approve the M.O.U. Further discussion with Roy Proctor of West Covina Disposal answering Council questions. A substitute motion was offered:by Manners, seconded by McFadden to have a subcommittee of Council, BKK;:;West..Covina,:Disposilti.tocdiscuss.. equitable dis- tribution of costs. Councilmember Jennings felt such a discussion should take place between West Covina Integrated Waste Management - Disposal and BKK. Councilmember Herfert requested subcommittee to meet tonage statistics from BKK. The motion passed by the following vote: AYES: Manners, McFadden, Tarozzi NOES: Herfert, Jennings The discussion should take place before the Council meeting of December 10, 1990. 2) PROPOSAL FOR RECYCLING SERVICES Council reviewed the staff report. Recycling Services - Motion by Tarozzi, seconded by Manners, and held over unanimously carried to hold over this item until December 10 to receive a recommendation from the subcommittee, discussed above. HUMAN SERVICES DEPARTMENT J) RECREATION TRANSIT PROGRAM Council reviewed the staff report. Recreation Transit Motion by Jennings, seconded by Herfert, and Program unanimously carried to approve the submittal of a project description for the Recreation Transit Program in the amount of $20,000 to the Los Angeles Trans- portation Commission. 2) FACILITY RENTAL Council reviewed the staff report.' Facility rental Motion by Jennings, seconded by McFadden, and unanimously carried to approve the Rental of Facilities Program and direct staff to implement the program. 3) INDEPENDENT CONTRACTORS Council reviewed the staff report. Independent contractors Motion by Herfert, seconded by McFadden, and for recreation classes unanimously carried to approve the use of independent contractors as instructors and authorize the Human Services Director to execute contracts as needed. - 7 - CITY COUNCIL MINUTES OPERATIONAL SERVICES DIVISION Resolution 8594 - Three cities to join ICRMA PUBLIC SAFETY DIVISION November 12, 1990 Page Eight OFFICE OF THE RISK MANAGER APPROVAL FOR THE CITIES OF COSTA MESA, EL SEGUNDO AND UPLAND TO JOIN ICRMA AND PARTICIPATE IN THE LIABILITY PROGRAM Council reviewed the staff report. City Clerk presented: RESOLUTION NO. 8594 - A RESOLUTION APPROVING AN AMENDMENT TO THE INDEPENDENT•CITIES RISK MANAGE- MENT AUTHORITY JOINT POWERS AGREEMENT TO PROVIDE FOR THE ADMITTANCE TO MEMBERSHIP OF THE CITIES OF COSTA MESA, EL SEGUNDO, AND UPLAND AND DESIGNATING CITY REPRESENTATIVES Motion by Jennings, seconded by Manners, and unanimously carried to waive further reading of the resolution and adopt. No items scheduled for this meeting. REDEVELOPMENT AGENCY MEETING Mayor Tarozzi recessed the City Council meeting at 11:33 pm to convene the Redevelopment Agency meeting. The City Council reconvened at 11:44 pm. CITY MANAGER No items scheduled for this meeting. APPROVAL OF DEMANDS Motion by McFadden, seconded by Manners to approve Demands totaling $2,168,593.88 as.listed on check registers FI 120099 through 120503.. Motion carried by the following roll call vote: AYES: Herfert, Jennings, Manners, McFadden, Tarozzi NOES: None ABSTAIN: Check No. 120318 payable to Southern California Edison (Herfert) ORAL COMMUNICATIONS No comments offered. MAYOR'S REPORTS 1) Motion by Manners, seconded by Herfert, and unani- mously carried to approve a resolution of commendation for retiring city employee Jim'Yost. 2) Mayor Tarozzi proclaimed: NATIONAL BREAST CANCER AWARENESS MONTH (Nov.) NATIONAL BIBLE WEEK (11/18 - 11/15) COUNCILMEMBERS' REPORTS Councilmember Herfert noted staffcieported"that:Council is preempted by State law to limit Council terms, but' -it was a report he requested of staff and would prefer that .it come Herfert back to Council, for consistency sake. Councilmember Jennings requested staff to agendize bikeways tA for the next meeting, with alternative suggestions. M:M i CITY COUNCIL MINUTES November 12, 1990 Page Nine Recess for Mayor Tarozzi called a recess at 11:47 pm to conduct a closed session closed session to discuss pending litigation entitled Potlach & Simpson vs the City of West Covina with the City Attorney. This is pursuant to Government Code Section 54956.9(a) and b(1). Council reconvened at 12:08am. ADJOURNMENT Motion by Manners, seconded by Herfert, and unanimously carried to adjourn the meetingat 12:08 am. ti a'.' City Clerk Janet Berry aWZ Mayor Bill Tarozz - 9 -