HomeMy WebLinkAboutMinutes - January 19, 1987 - CCCITY OF AZUSA
MINUTES,OF THE CITY COUNCIL
REGULAR MEETING
JANUARY 19, 1987 - 6:30 P -M.
The City Council of the City of Azusa met in regular session
at the above date and time.
Mayor Moses called the meeting to order and led in the
salute to the Flag.
INVOCATION was given by Reverend David Johnson of the
Villi age Covenant Church.
ROLL CALL
PRESENT: COUNCI�MEMBERS: AVILA, COOK, CRUZ, MOSES
ABSENT : COUNCILMEMBERS: LATTA
ALSO PRESENT
City Attorney Thorson, City Administrator/Chief of Police
Wood, Assistant City Administrator Fuentes, Director of
Redevelopment Harding, Director of Finance Craig, Director
of Community Services Guarrera, Director of Human Resources
Sadler, Director of Utilities Hsu, City Engineer Spindel,
City Librarian Alaniz, Code Enforcement Officer Rudisel,
Associate City Planner Watrous, City Treasurer Talley, City
Clerk Solis, Deputy City Clerk Lara.
CEREMONIAL
NONE
COUNCILMAN LATTA ENTERED THE MEETING AT 6:35 P.M.
The CONSENT CALENDAR consisting of Items 1 through 11 was
approved by motion of Councilman Cook, seconded by
Councilwoman Avila and unanimously carried by roll call
vote, with the exception of Item F-6, which was approved as
amended.
1. The Minutes of the regular meeting of January 5, 1987,
were approved as written.
,;;? 95
Call to order
Invocation
Roll Call
Also Present
Ceremonial
Latta entrd
Consent Cal
appvd Item F-6
as amended
Min appvd
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8162
AMENDING RESOLUTION NO. 8042 ESTABLISHING A FEE FOR fees for real
ISSUANCE OF THE REAL PROPERTY RECORDS REPORT PURSUANT propty rpts
TO SECTION 15.06.040 OF THE AZUSA MUNICIPAL CODE.
3. Employee step increase/permanent status recommenda- Emp. step inc.l
tions were approved for the following: perm. status
NAME
D. Watrous
A. Graf
P. Cloughesy
STATUS
Step 4
Step 2/PermStat
Step 2
EFFECTIVE
11/29/86
12/02/86
01/22/87
1;1 9157-
01
4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8163
AMENDING RESOLUTION NO. 8058 REGARDING THE EXECUTIVE Exec & mdl
AND MIDDLE MANAGEMENT EMPLOYEES. employees
This resolution designates the City Librarian as an
Executive Management employee, pursuant to Council
direction of December 1, 1986.
5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res..#8164
ESTABLISHING A NEW CLASSIFICATION OF WATER UTILITY class.& salary
OPERATOR SUPERVISOR AND ESTABLISHING A SALARY THEREFOR. Wtr Util Spv
6. Formal bids were advertised for the purchase of five
transformers on two separate occasions, but none
received; therefore, further bidding procedures were
waived pursuant to the Municipal Code and authorization
given for the purchase of transformers from the
following vendors for a total of $22,828.00, plus tax:
one 75 KVA transformer from McGraw -Edison; four 100 and
167 KVA transformers from Westinghouse Electric Supply
Company for having the lowest lifetime operating cost
in their respective quotations.
7. Contract for the purchase of one Tymco Model 600 (or
equal) was awarded to PWI, Inc., low bidder, in the
amount of $78,418.80 and its execution authorized. Two
bids were received and opened in the City Clerk's
Office on January 12, 1987, from: PWI, Inc., and
Southwest Sweeper Sales, Inc.
Bidding waived
to purchase
transformers
Bid award for
st sweeper to
PWI, Inc.
8. The City Treasurer's Financial Statement showing a City Treas.
balance of $9,248,209.91, as of December 31, 1986, was Fin. statement
received and filed. This statement reflects City
funds, only, not a combined City/Agency statement.
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8165
GRANTING A CONDITIONAL USE PERMIT TO SWI NELSON FOR granting CUP
PROPERTY LOCATED AT 643 VIRGINIA ANN DRIVE (CONDITIONAL C-425
USE PERMIT CASE NO. C-425).
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8166
ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE Warrants
FUNDS OUT OF WHICH THE SAME ARE TO BE PAID.
11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8167
ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE Warrants
FUNDS OUT OF WHICH THE SAME ARE TO BE PAID.
THE CITY COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY Adj to CRA
AT 6:40 P.M. V
THE CITY COUNCIL RECONVENED AT 6:55 P.M. Reconvened
THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL No business
DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE IDA
TRANSACTED.
ORDINANCES/SPECIAL RESOLUTIONS Ord./Spec.Reso
Councilman Cruz offered an Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING
SECTION 2.04.010 TO THE AZUSA MUNICIPAL CODE RELATING TO
LOCATION AND TIME OF CITY COUNCIL MEETINGS.
01/19/87 PAGE TWO
Ord. #2337
location and
time of Cncl
mtgs.
Moved by Councilman Cruz, seconded by Councilman Latta to
waive further reading and adopt. Ordinance passed and
adopted by the following vote, to wit:
AYES:
COUNCILMEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES
NOES:
COUNCILMEMBERS: NONE
COUNCIL OF THE CITY OF AZUSA
ABSENT:
COUNCILMEMBERS: NONE
BSENT: COUNCILMEMBERS: NONE
ouncilman Latta offered an Ordinance entitled:
Ord. #2338
re: false
ouncilman Latta offered an Urgency Ordinance
appointment
N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING
& removal of
ECTIONS
2.04.050 AND 2.28.015, AMENDING SECTIONS 2.12.010,
members of
2.16.020,
2.18.020 AND 2.76.015 AND REPEALING SECTIONS
Bds & Comms
2.12.090,
2.16.090, 2.18.050 AND 2.76.017 OF THE AZUSA
AZUSA ESTABLISHING A MORATORIUM PROHIBITING THE ISSUANCE
MUNICIPAL CODE, ALL RELATING TO APPOINTMENT AND REMOVAL OF
flea mkt
MEMBERS
OF CITY BOARDS AND COMMISSIONS BY THE MAYOR WITH
OF
APPROVAL
OF CITY COUNCIL.
ATMOSPHERE
This Ordinance requires that ten working days prior to the
selection of a person to fill a vacancy that Council
announce said vacancy and set a time for filing
applications; that all applicants be interviewed and upon
completion of interviews the Mayor, with the approval of
Council, appoint the best qualified for the vacancy.
Moved by Councilman Latta, seconded by Councilman Cruz and Waive reading
unanimously carried by roll call to waive further reading.
Moved by Councilman Latta, seconded by Councilman Cruz that Ordinance
Ordinance be adopted. Ordinance passed and adopted by the adopted
following vote, to wit:
AYES: COUNCILMEMBERS: COOK, CRUZ, LATTA
Ordinance entitled:
NOES: COUNCILMEMBERS: AVILA, MOSES
COUNCIL OF THE CITY OF AZUSA
lst rdg Ord.
BSENT: COUNCILMEMBERS: NONE
OF THE AZUSA MUNICIPAL
CODE
re: false
ouncilman Latta offered an Urgency Ordinance
entitled:
THE
Urg. Ord. #2339
POLICE DEPARTMENT.
moratorium on
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY
OF
swap meet or
AZUSA ESTABLISHING A MORATORIUM PROHIBITING THE ISSUANCE
OF
flea mkt
LAND -USE ENTITLEMENTS FOR ALL USES INVOLVING.
THE SALE
OF
the
MERCHANDISE IN A SWAP MEET OR FLEA MARKET
ATMOSPHERE
IN
any
COMMERCIAL AND MANUFACTURING ZONES WITHIN THE
CITY.
The moratorium was imposed in order to afford the Planning
Commission the necessary time to evaluate the adequacy of
Title 19 - (The Zoning Chapter) with respect to these types
of businesses.
Moved by Councilman Latta, seconded by Councilwoman Avila to
waive further reading and adopt. Ordinance passed and
adopted by the following vote, to wit:
AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Councilwoman Avila offered an
Ordinance entitled:
ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF AZUSA
lst rdg Ord.
ENDING SECTION 5.52.250
tN
OF THE AZUSA MUNICIPAL
CODE
re: false
LATING TO FALSE ALARMS ON
ALARM SYSTEMS CONNECTED TO
THE
alarms connectd
POLICE DEPARTMENT.
to Police Dept.
This amended Ordinance would
allow the Police Department
to
assess a $30.00 fee to any person
that maintains or has
an
alarm connected to the Police
Department alarm board for
the
fifth and each subsequent
false alarm occurring in
any
calendar year.
01
01/19/87 PAGE THREE
0
Moved by Councilwoman Avila,
and unanimously carried by
reading and introduce.
seconded by Councilman Latta
roll call to waive further
Councilwoman Avila then offered a resolution which sets the
assessment fees for said false alarms, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
ESTABLISHING THE ASSESSMENT FEE FOR FALSE ALARMS PURSUANT
'TO SECTION 5.52.050 OF THE AZUSA MUNICIPAL CODE.
Moved by Councilwoman Avila, seconded by Councilman Latta to
waive further reading and adopt. Resolution passed and
adopted by the following vote of the Council:
AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
SCHEDULED ITEMS
PUBLIC HEARING - on proposed statement of Community
Development objectives and projected use of funds for the
13th year CDBG funding.
The Mayor declared the Hearing open. The City Clerk read
the affidavit of proof of publication of notice of said
Hearing published in the San Gabriel Valley Tribune on
January 10, 1987.
The following projects were recommended for approval:
1. Minor Home Repair Grant (Handyman) Program
2. Housing Rehabilitation
3. Administration
Testimony was received from staff, but none received from
the public.
Moved by Councilman Cruz, seconded by Councilman Latta and
unanimously carried by roll call to close the Hearing.
Councilman Cruz offered a resolution approving said
projects, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
ADOPTING THE STATEMENT OF OBJECTIVES AND SELECTING PROJECTS
FOR FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FOR FISCAL YEAR 1987/88.
Moved by Councilman Cruz, seconded by Councilwoman Avila to
waive further reading and adopt. Resolution passed and
adopted by the following vote of the Council:
AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Res. #8168
setting fees
for false
alarms
Pub. Hrg.
objectives &
projects CDBG
Testimony
Hrg closed
Res. #8169
appvng objec-
tives & proj-
ects for CDBG
program
PUBLIC HEARING - extending a moratorium prohibiting the Pub Hrg
issuance of all land use entitlements for parcels within the extending mora -
City of Azusa in the area generally bounded by the City torium - West
limits on the west, Eighth Street, and its westerly End
extension on the north, Foothill Blvd. on the south, and
Vernon Avenue on the east.
The Mayor declared the Hearing open. The City Clerk read
the affidavit of proof of publication of notice of said
Hearing published in the Azusa Herald on December 31, 1986.
01/19/87
4
I`
PAGE FOUR
jD%
Status report and testimony was received from staff. Testimony
Mr. Shams Karimi addressed the Council regarding building a Comments by
service station at the location of Todd and Foothill and S. Karimi
that he was in opposition to the moratorium.
Moved by Councilman Latta, seconded by Councilman Cook and
unanimously carried by roll call to close the Hearing.
'Councilwoman Avila offered an ordinance extending the
moratorium entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA EXTENDING A MORATORIUM PROHIBITING THE ISSUANCE OF ALL
LAND USE ENTITLEMENTS, WITH CERTAIN LIMITED EXCEPTIONS, FOR
PARCELS WITHIN THE CITY OF AZUSA IN THE AREA GENERALLY
BOUNDED BY THE CITY LIMITS ON THE WEST, EIGHTH AVENUE AND
ITS WESTERLY EXTENSION ON THE NORTH, FOOTHILL BOULEVARD ON
THE SOUTH, AND VERNON AVENUE ON THE EAST.
Moved by Councilwoman Avila seconded by Councilman Latta to
waive further reading and adopt. Ordinance passed and
adopted by the following vote, to wit:
AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Hrg closed
Urg. Ord. #23401
extending
moratorium
Moved by Councilman Cruz, seconded by Councilwoman Avila and Azusa Youth
unanimously carried by roll call to authorize the Azusa Club to hold
Youth Club to hold boxing exhibitions on February 6th, 7th, boxing shows
and 8th, 1987 at the V.F.W. Hall. The Friday and Saturday
shows are scheduled to commence at 7:00 P.M. and the Sunday
show at 3:OOP.M.
'Moved by Councilman Cruz, seconded by Councilman Latta, and Council mora -
carried by roll call to rescind previous Council action torium on enfo
placing a moratorium on the enforcement of parking on vacant cement of pkng
unimproved properties within the City. Mayor Moses on vacant lots
dissenting. rescinded
It was consensus of Council that in view of the action taken Pkng signs @
regarding abolishment of said moratorium, that all entrances entrances to
of the City be posted advising citizens of regulatory City
ordinances on parking.
SPECIAL CALL ITEMS
NONE
PUBLIC PARTICIPATION
Ms. Sherry Passmore representing Citizens Advocates, Inc.,
addressed Council regarding proposed Joint Powers Agreement
between the City of Irwindale and the City of Azusa for
redevelopment purposes, and advised that the citizens of
Azusa were concerned regarding this agreement.
Mrs. Gayle Avakian addressed Council stating that before the
City decides to go along with a joint venture with the City
of Irwindale, that the problems of clean air and clean
water be addressed before any redevelopment occurs.
Comments on
Irwindale pro-
posal by S.
Passmore
Comments on
clean air & wtr
G. Avakian
Mr. Leonard Shapiro, publisher of the Los Angeles Observer Comments in
addressed Council with regard to the proposed Joint Powers opposition to
Agreement with the City of Irwindale and voiced his Irw.proposal
objection to this action. L.Shapiro
01/19/87 PAGE FIVE
Mrs. Loretta Emel addressed Council requesting if there was
a conflict of interests in the fact that the City
Administrator was also the Chief of Police and whether or
not he was compensated with two salaries. Her questions
were answered by the City Attorney. She went on to state
further that she was in opposition to the proposed joint
venture with the City of Irwindale.
Mr. David Salinger, attorney for RPM Merit of Motor Avenue,
addressed the Council advising that his client has been
trying to enter into an Owner Participation Agreement with
the Agency and has worked closely with Steve Harding, but
that no land or funding is available in any of the City's
project areas. He further stated that he has seen some of
the redevelopment areas that the City of Irwindale has
completed and that they are quality projects.
Redevelopment Director Harding then advised the Council of
the many problems he and RPM Merit were experiencing and
that he was still attempting to reconcile this situation.
20,3
Comments re:
City Admin/COP
L. Emel
Comments re:
RPM Merit OPA
by D. Salinger
Red. Dir.
Harding
Mrs. Kim Harris addressed Council in opposition to
Kim Harris
Resolution No. 8150, Standard Operating Procedures for
opposition to
Councilmembers, and read
an article from the Los Angeles
Res #8150
Times.
COOK
ABSENT:
Moved by Mayor Moses, seconded by Councilwoman Avila that
Cease negoti-
staff be directed to stop
all negotiations with the City of
ations with
Irwindale's Redevelopment
Agency and continue with our own
Irwindale CRA
projects. Motion failed
by the following vote of the
joint agmt
Council:
(failed)
AYES: COUNCILMEMBERS:
AVILA, MOSES
NOES: COUNCILMEMBERS:
CRUZ, LATTA
COUNCILMEMBERS:
COOK
'ABSTAIN:
ABSENT: COUNCILMEMBERS:
NONE
Moved by Mayor Moses, seconded by Councilwoman Avila that
staff discontinue all discussions with the City of Irwindale
with regard to the West End Redevelopment Area. Motion
failed by the following vote of the Council:
AYES:
COUNCILMEMBERS:
AVILA, MOSES
NOES:
COUNCILMEMBERS:
CRUZ, LATTA
ABSTAIN:
COUNCILMEMBERS:
COOK
ABSENT:
COUNCILMEMBERS:
NONE
Moved by Councilman Cook, seconded by Councilman Cruz and
carried by roll call that staff continue negotiations with
the City of Irwindale on Parcel 'B'; and continue
negotiations for proposals in the area in conjunction with
the Rapscallion Restaurant, with the possibility of a hotel
at that location, and the area that is at sub -level of the
freeway, ie., the ten acres on the south side of the 210
freeway. Further, that in directing staff to continue
negotiations, a more in-depth proposal be received from
Irwindale, stipulating that businesses in need of
relocation within the area be relocated to the City of
Azusa; and, finally, that the City of Azusa architecturally
esign what would be built on Irwindale Avenue, deciding on
he design and determining if the Irwindale CRA would be the
eveloper/builders of our architectural design.
Councilwoman Avila and Mayor Moses dissenting.
OTHER BUSINESS/CITY COUNCIL
Discontinue
discussions
w/Irw. on
West End Red.
Area (failed)
Staff to conti-
nue negotiat's
w/Irwindale
on Parcel B &
2 other areas
w/stipulations
and Azusa to
have architec-
tural design
Oth.Bus/Cncl
Discussion was held
regarding a 30 day
moratorium on multi-
Discussion re:
family housing in the central area of
town to afford the
30 day mora -
Planning Commission
the necessary time
to prepare reports
torium on multi
directed by Council.
The specific area involved is First
fmly construc-
tion
01/19/87 PAGE SIX
Street to Foothill Blvd., and San Gabriel to Pasadena. This
moratorium would not affect any construction that is already
in process.
Councilman Latta then offered an Urgency Ordinance entitled:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AZUSA IMPOSING A MORATORIUM PROHIBITING THE ISSUANCE OF ALL
LAND USE ENTITLEMENTS, WITH CERTAIN LIMITED EXCEPTIONS, FOR
ARCELS WITHIN THE CITY OF AZUSA IN THE AREA GENERALLY
OUNDED BY FIRST STREET, FOOTHILL BOULEVARD,, SAN GABRIEL
VENUE, AND PASADENA AVENUE, FOR MULTI -FAMILY RESIDENTIAL
UNITS.
Moved by Councilman Latta, seconded by Councilman Cook and
unanimously carried by roll call to waive further reading.
Moved by Councilman Latta, seconded by Councilman Cruz that
Ordinance be adopted. Ordinance passed and adopted by the
following vote, to wit:
AYES: COUNCILMEMBERS: AVILA, CRUZ, LATTA, MOSES
NOES: COUNCILMEMBERS: COOK
ABSENT: COUNCILMEMBERS: NONE
Discussion was held regarding a 30 day moratorium on the
construction of 'mini -malls' within the City, in order that
the. Planning Commission formulate reports and
recommendations on curtailing such construction. The
proposed moratorium would not affect any development already
in process.
Councilman Cook then offered an Urgency Ordinance entitled:
Urg. Ord. #2341
moratorium on
multi -family
construction
in specific
areas
Waive reading
Ordinance
adopted
Discussion re:
30 day mora-
torium' - mini
malls
tZURGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Urg. Ord.#2342
USA IMPOSING A MORATORIUM PROHIBITING THE ISSUANCE OF ALL moratorium on
ND USE ENTITLEMENTS FOR MINI -MALLS, AS DEFINED, WITH mini malls
CERTAIN LIMITED EXCEPTIONS, FOR PARCELS WITHIN THE ENTIRE throughout
CITY OF AZUSA. the City
Moved by Councilman Cook, seconded by Councilman Latta and
unanimously carried by roll call to waive further reading.
Moved by Councilman Latta, seconded by Councilman Cruz that
Ordinance be adopted. Ordinance passed and adopted by the
following vote, to wit:
AYES: COUNCILMEMBERS: AVILA, CRUZ, LATTA, MOSES
NOES: COUNCILMEMBERS: COOK
ABSENT: COUNCILMEMBERS: NONE
Discussion regarding Council appealing Planning Commission
action granting a variance to Edward Seidner, Case No. V-
926, for property located at 1151 N. Azusa Avenue, was
proposed to be received and filed.
Councilwoman Avila advised that due to a conflict of
interests she would be abstaining from any action on this
matter.
Ted Rothpower addressed Council in opposition to this
Lance.
The City Attorney apprised Council that in view of the fact
that they wished to receive and file this item, that no
public testimony should be received. Since Council is not
appealing this action, the appeal process is still in effect
and if appealed, it would come back to the Council in the
form of a Public Hearing.
01/19/87 PAGE SEVEN
Waive reading
Ordinance
adopted
Discussion
on appl by Cncl
of V-926
Cnclwmn Avila
to abstain frm
action on V-926
Comments R.
Rothpower
Cty Atty
admonishment
on V-926
Moved by Councilman Latta, seconded by Mayor Moses to
receive and file said item. Motion carried by the following
vote of the Council:
AYES:
COUNCILMEMBERS:
COOK, CRUZ, LATTA
NOES:
COUNCILMEMBERS:
MOSES
ABSTAIN:
COUNCILMEMBERS:
AVILA
ABSENT:
COUNCILMEMBERS:
NONE
THE REDEVELOPMENT AGENCY CONVENED JOINTLY WITH THE CITY
COUNCIL AT 9:10 P.M.
Councilman/Director Cook offered a resolution entitled:
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF
THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON JANUARY 19,
1987, PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION
54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE
SECTION 54956.9 (a), (b) AND (c).
Moved by Councilman/Director Cook, seconded by
Councilman/Director Cruz to waive further reading and adopt.
Resolution passed and adopted by the following vote of the
Council/Agency:
AYES: COUNCILMEMBERS/DIRECTORS: AVILA, COOK, CRUZ,
LATTA, MOSES
NOES: COUNCILMEMBERS/DIRECTORS: NONE
ABSENT: COUNCILMEMBERS/DIRECTORS: NONE
TIME OF RECESS TO CLOSED SESSION: 9:11 P.M.
'THE CITY COUNCIL AND THE AGENCY RECONVENED AT 9:28 P.M.
City Attorney/General Counsel advised that the item to be
discussed in CLOSED SESSION was to address the claim filed
by the San Gabriel Valley Tribune in the amount of $1092.50.
The Council/Agency instructed him to address this item in
Open Session and no action was taken during the CLOSED
SESSION. The claim involves a request by the Tribune for
attorney's fees involved in the case of Lyte v. Azusa
Redevelopment Agency. The Tribune claims that they incurred
attorney's fees in the amount of $1092.50 to obtain
documents in that case from the Redevelopment Agency and
claim they are entitled to those attorney's fees under the
California Public Records Act. He then apprised the
Council/Agency that he did not believe that the Tribune was
legally entitled to those fees under the Public Records Act
as Section 6259 of the Government Code provides that
attorney's fees are only recoverable when a person files
litigation against the Council/Agency to recover those fees.
In this case no litigation was filed against the
Council/Agency to recover that, but the Agency voluntarily
relinquished those documents.
e further advised the options available to the
ouncil/Agency:
1. Reject the claim in its entirety,
2. Pay the claim or a certain portion of
it on the theory that it would cost
more to fight it than to settle
it, or,
3. Pay the claim in full.
1<. 01/19/87 PAGE EIGHT
Receive & file
item on V-926
CRA convened
w/Council
Res. #8170
Closed Sess
Closed Session
Reconvened
Discussion re:
San Gab. Val.
Tribune claim
in open session
requesting
atty.fees for
Lyte v.CRA
case in the
amount of
$1092.50
Options that
can be taken
re: claim
307
After discussion, it was moved by Mayor Moses, seconded by S.G.V.Tribune
Councilman Cruz and carried by roll call that the claim honored
Council/Agency honor the claim and pay the amount of for payment
$1092.50 to the San Gabriel Valley Tribune. Councilman
Latta dissenting.
Moved by Councilman/Director Latta, seconded by Adjourn
Councilman/Director Cook and unanimously carried to adjourn.
I
TIME OF ADJOURNMENT: 9:36 P.M.
CI CLERK
NEXT RESOLUTION NO. 8171
NEXT ORDINANCE NO. 2343
01/19/87
PAGE NINE