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HomeMy WebLinkAboutMinutes - August 3, 1987 - CC:�} *il'�i3 ai:Vdib9:l MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 3, 1987 - 7:30 P.M. The City Council of the City of Azusa met in regular session at the above date and time in the Civic Auditorium. 0 Mayor Moses called the meeting to order and led in the Call to order salute to the Flag. INVOCATION was given by Father David Granadino of the St. Invocation Frances of Rome Church. Due to the death of Lydia Wheelehan, Library Commissioner, Prayer for the Mayor requested that ,Father Granadino say a few words in L. Wheelehan prayer and rememberance of Mrs. Wheelehan. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: AVILA, COOK, LATTA, MOSES ABSENT : COUNCILMEMBERS: CRUZ Cruz absent Moved by Councilman Latta, seconded by Mayor Moses, and Cruz excused unanimously carried by roll call* to excuse Councilman Cruz from the meeting. ALSO PRESENT City Attorney Thorson, City Administrator Fuentes, Police Captains Russo and Broderick, Director of Community Development Bruckner, Director of Utilities Hsu, Director of Finance Craig, Director of Community Services Guarrera, City Engineer Spindel, City Librarian Alaniz, Redevelopment Project Analysts Steel and Gall, City Treasurer Talley, Deputy City Clerk Lara, Administrative Clerk Toscano. CEREMONIAL NONE The CONSENT CALENDAR consisting of Items 1 through 18 was approved by motion of Councilwoman Avila, seconded by Councilman Latta, and .unanimously carried by roll call vote*, with the exception of Items F-7, 10, 11, 15, 16 and 18, which were considered under the SPECIAL CALL portion of the Agenda. Also Present Ceremonial None Cons Cal appvd F-7, 10,11,15,16, & 18 Special Call 1. Minutes of the regular meeting of July 20, 1987 were Min appvd approved as written.' 2. Claim v. City, by Olivia Desigio for alleged injuries Claim v. City sustained when arrested on April 9, 1987, was denied O. Desigio and referred to City's Claims Administrator. 11 3. On February 17, 1987, a hearing was held and subsequent Confirm resolution adopted declaring weeds on certain parcels weed chgs as a public nuisance. The weed abatement has been performed by the County Agricultural Department and the charges submitted by them were confirmed. 4. In 1979 the voters of the State of California passed Res. #8289 Proposition 4, the Gann Initiative, which added Article establishing XIII -B to the State Constitution. This Article appropria- provides that the total annual appropriations of tions limit California Cities shall be limited, based upon the for the fis- budgeted appropriations of the base year, Fiscal Year cal year 1978-79. Staff has established the appropriations pursuant to limit for Fiscal Year 1987-88 and the following Article XIIIB resolution was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR PURSUANT TO ARTICLE XIII -B OF THE CALIFORNIA CONSTITUTION. 5. Employee step increase and permanent status Step inc./ recommendations were approved for the following: perm status NAME STATUS EFFECTIVE K. Raley Step 4 07/16/87 R. Montes Step 5 08/04/87 L. Badoni PermStat/Step 4 07/28/87 D. Eldridge Step 2 08/01/87 M. Horeczko Step 4 07/27/87 M. Walters Step 3 07/31/87 6. The probationary appointment of Vincent Perkins to the Appt. V. position of Water Utility Worker I, effective August Perkins 10, 1987, was approved. 7. SPECIAL CALL ITEM Spec Call 8. Formal bidding procedures were waived pursuant to the Bidding Municipal Code and authorization given for the purchase waived for of seven police vehicles in conjunction with Los purch of Angeles County, from Sopp and Son Chevrolet, at a cost police vehs not to exceed $90,000.00. 9. In the past few months the building at 121 W. Foothill has been used to store surplus office furniture. There is a need to vacate these premises, therefore the surplus office furniture must be liquidated. The property was declared surplus and authorization given to sell same by public auction, as provided for in the Municipal Code, setting the auction date for August 8, 1987. Surplus furn. to be sold at auction on 8/8/87 10. SPECIAL CALL ITEM Spec Call 11. SPECIAL CALL ITEM 12. The contract for the purchase of two 300 KVA, 3 phase and one 500 KVA, 3 phase transformers was awarded to McGraw Edison, lowest bidder, in the amount of $19,153.00, which includes sales tax and freight to Azusa. Four bids were opened in the City Clerk's Office on July 23, 1987, from: McGraw Edison, RTE, General Electric and Wesco. Spec Call Bid award transformers McGraw Edison 13. Several old vehicles and equipment have been stored at Informal bids the City Yatd and need to be disposed of. This fr surplus property was declared surplus and authorization given vehs to dispose of same by solicitation of informal bids. 08/03/87 PAGE TWO 14. A fee of $15.00 was approved for the sale of injury and $15.00 fee non -injury traffic accident reports. This cost was a for TC rpts result of a survey of four neighboring cities which determined the average over-all fees. 15. SPECIAL CALL ITEM 16. SPECIAL CALL ITEM Spec Call Spec Call 17. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8291 ADOPTING AN AMENDMENT TO THE MEMORANDUM OF amend to UNDERSTANDING BETWEEN THE CITY AND THE AZUSA CITY MOU w/ACEA EMPLOYEES' ASSOCIATION. 18. SPECIAL CALL ITEM THE CITY COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY AT 7:45 P.M. THE CITY COUNCIL RECONVENED AT 7:55 P.M. THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Councilwoman Avila offered an Ordinance entitled: 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTION 2.08.070 RELATING TO THE JURISDICTION OF THE CITY ADMINISTRATOR. Moved by Councilwoman Avila, seconded by Mayor Moses, and unanimously carried by roll call* to waive further reading and introduce. This proposed amendment to the Municipal Code would provide that the City Administrator would have jurisdiction over the City Library in accordance with the policy and practice over the last several years. Councilman Latta offered an Ordinance entitled: Spec Call Adj to CRA Reconvened No bus IDA Ord./Spec.Res 1st rdg Ord re: juris- diction of Cty Admin AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, 1st rdg Ord CALIFORNIA, AMENDING CHAPTER 8.52 OF THE AZUSA MUNICIPAL re: urinating CODE, ADDING SECTION 8.52.160 RELATING TO URINATING IN in public PUBLIC. Moved by Councilman Latta, and unanimously carried by reading and introduce. SCHEDULED ITEMS seconded by Mayor Moses, roll call* to waive further Moved by Mayor Moses, seconded by Councilman Cook and unanimously carried by roll call* to waive the fees for the use of the Woman's Club by Azusa Boy Scout Troop 414 for an Eagle Court of Honor on October 24, 1987 and for the Citrus Shrine Club for a fund raiser for the Shriners Hospital for Crippled Children on August 8, 1987; however that the request from the Shrine Club for a blanket waiver for using the Woman's Club three times a year be denied. 08/03/87 PAGE THREE Sched. Items Fees waived fr Woman's Club -Troop 414 & Shrine Club-binkt waiver for Shrine Club denied A non -agenda item was presented for Council consideration, requesting that the Library be closed from 10:00 A.M. to 11:00 A.M. so that staff could attend the funeral of Mrs. Lydia Wheelehan, Library Commissioner. As this item was a "subsequent need" item which arose after the posting of the Agenda, it was moved by Mayor Moses, seconded by Councilman Cook and unanimously carried by roll call* to approve request. ISPECIAL CALL ITEMS Mr. Art Morales addressed Agenda item dealing with the Joint Powers Authority for Animal Control services and requested if the Council had received any information from staff regarding the possibility of the City maintaining and operating its own animal control services. He was advised by the Council that the costs were prohibitive. Captain Russo addressed the Joint Powers Agreement, advising that the contract would be extended for a five year period rather than ten years as stated on the Agenda; further that in order for the City to contract for animal control services that the JPA must be executed, as this was the governing board for the control and contracting of the San Gabriel Valley Humane Services. He further stated, in answer to the Mayor's question, that the shortest duration of time for this contract was five years as approved by the Board of Directors of the Joint Powers Authority. Non -agenda item appvd re: closure of Library for funeral svcs of L. Wheelehan (1 hour) Special Call A. Morales comments re: animal shelter Comments by Capt Russo re: JPA Mr. Morales addressed this item requesting information on Comments by the radios and if there were any other groups in the City A. Morales that could receive this equipment. He was advised that the on radios group, in question, was only based in La Puente, but serviced the whole San Gabriel area; further that equipment was obsolete and beyond repair. it was then moved by Councilman Latta, seconded by Donation of Councilwoman Avila and unanimously carried by roll call* to radios declare the property surplus and donate same to the Citizens appvd Emergency Radio Team. It was then moved by Councilman Cook, seconded by Councilman Amend to JPA Comments by Latta, and carried by roll call* to approve the amendment to appvd E.Spindel re: water the San Gabriel Valley Animal Control Authority Joint Powers Agreement, extending the termination date to June 30, 1992 property owners would not be assessed unless their property and authorising its execution. Mayor Moses dissenting. was developed or redeveloped. The City has several surplus old style radios that are Surplus ra- beyond repair, as parts are unavailable; also a Hewlett- dios to be Packard terminal keyboard printer and a display terminal donated to keyboard acquired in 1979, which are not compatible with our Cit.Emerg. present system. The Citizens Emergecy Radio Team from La Radio Team Puente expressed interest in this equipment to further their public service work. Mr. Morales addressed this item requesting information on Comments by the radios and if there were any other groups in the City A. Morales that could receive this equipment. He was advised that the on radios group, in question, was only based in La Puente, but serviced the whole San Gabriel area; further that equipment was obsolete and beyond repair. it was then moved by Councilman Latta, seconded by Donation of Councilwoman Avila and unanimously carried by roll call* to radios declare the property surplus and donate same to the Citizens appvd Emergency Radio Team. It was then moved by Mayor Moses, seconded by Councilman Wtr Reimb. Latta and unanimously carried by roll call* to approve District 2 Reimbursement District No. 2, which includes Azusa Avenue appvd & Cty from Foothill to Sixth Street, Dalton Avenue from First to Eng. rpt Second Street and Cerritos Avenue from Fifth to Sixth accepted Street, thus enabling the City to recapture a proportional share of the cost from future developers. The City Engineer's Report was accepted and the following resolution was then adopted, entitled: 08/03/87 PAGE FOUR City Engineer Spindel addressed Agenda item regarding the Comments by Water Reimbursement District and advised that it was in accordance with set procedures; further that existing E.Spindel re: water property owners would not be assessed unless their property reimb.dstrct was developed or redeveloped. It was then moved by Mayor Moses, seconded by Councilman Wtr Reimb. Latta and unanimously carried by roll call* to approve District 2 Reimbursement District No. 2, which includes Azusa Avenue appvd & Cty from Foothill to Sixth Street, Dalton Avenue from First to Eng. rpt Second Street and Cerritos Avenue from Fifth to Sixth accepted Street, thus enabling the City to recapture a proportional share of the cost from future developers. The City Engineer's Report was accepted and the following resolution was then adopted, entitled: 08/03/87 PAGE FOUR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Re. #8290 ESTABLISHING WATER REIMBURSEMENT DISTRICT NO. 2, THE AREA OF establishng BENEFIT AND THE REIMBURSEMENT CHARGES FOR FUTURE reimb.dist. DEVELOPMENT. It was then moved by Councilwoman Avila, seconded by Mayor Bid award to Moses and unanimously carried by roll call* that contract Western Mo - for a 1988 F-80QD truck with crane be awarded to Western bile Equip. Mobile Equipment Corporation, low bidder, in the amount of F8000 trk $69,107.00, plus tax, and its execution authorized. Two w/crane bids were received in the City Clerk's Office on July 27, Bid rejected 1987, from Western Mobile Equipment and San Gabriel Ford. on F350 trk The sole bid from Will Nix Ford for one 1988 F-350 service to be re - truck was rejected and the City Clerk directed to re- advertised advertise for bids. When bids were received for the proposed reservoir site Proposed site at 255 E. Sierra Madre, the bids greatly exceeded the change for 'engineer's estimate as well as funds budgeted for this reservoir project. This was due to site being too tight, limited access during construction, extensive shoring requirements as well as other factors. After evaluating alternatives by staff and the consulting engineers a new site was contemplated, that of Pioneer Park. This site change would necessitate an amendment to the design contract with James Montgomery and Company. Lengthy discussion was held regarding the proposed new site Comments by of Pioneer Park. Moved by Mayor Moses to repeal approval of Agenda Item F-14, Repeal appvl requested that dealing with charges for traffic accident reports in the of $15. for citizens could amount of $15.00 and amend that amount to $10.00. Motion TC rpts addressed this died for the lack of a second. (died) answered by the Councilwoman Avila questioned Agenda item dealing with the Cnclwm Avila reservoir, and bid opening for two trucks in the Light and Water Department questioned Stemrich also and the necessity of purchasing a 1988 model rather than a bids on 1988 reservoir was 1987 model, which would be less expensive. The Utilities vehicles considered by Director advised that the specifications were for a 1988 reservoir was not for that area, but for the Foothill Blvd. model, and the sole bidder quoted a 1987 model. He further area. Mr. Art Morales questioned the need for such a large stated that he was not averse to a 1987 model, but that reservoir, (3 million gallon capacity) and why Azusa needed since only one bid was received he had no comparison costs million gallon capacity. to go by and requested that this particular truck be re - advertised for bids. It was then moved by Councilwoman Avila, seconded by Mayor Bid award to Moses and unanimously carried by roll call* that contract Western Mo - for a 1988 F-80QD truck with crane be awarded to Western bile Equip. Mobile Equipment Corporation, low bidder, in the amount of F8000 trk $69,107.00, plus tax, and its execution authorized. Two w/crane bids were received in the City Clerk's Office on July 27, Bid rejected 1987, from Western Mobile Equipment and San Gabriel Ford. on F350 trk The sole bid from Will Nix Ford for one 1988 F-350 service to be re - truck was rejected and the City Clerk directed to re- advertised advertise for bids. When bids were received for the proposed reservoir site Proposed site at 255 E. Sierra Madre, the bids greatly exceeded the change for 'engineer's estimate as well as funds budgeted for this reservoir project. This was due to site being too tight, limited access during construction, extensive shoring requirements as well as other factors. After evaluating alternatives by staff and the consulting engineers a new site was contemplated, that of Pioneer Park. This site change would necessitate an amendment to the design contract with James Montgomery and Company. Lengthy discussion was held regarding the proposed new site Comments by of Pioneer Park. Mr. Jack Williams addressed this item and J.Williams, requested that a decision be held in abeyance so that the J. McJunkin, citizens could receive more input. Mr. Jim McJunkin also H. Stemrich, addressed this item with specific questions which were and A.Morales answered by the Utility Director, such as, location of the reservoir, and the aesthetics of the park. Mr. Harry Stemrich also addressed this item and advised that the reservoir was solely for use by the proposed development considered by Johnny Johnson. He was advised that the reservoir was not for that area, but for the Foothill Blvd. area. Mr. Art Morales questioned the need for such a large reservoir, (3 million gallon capacity) and why Azusa needed such a large reservoir, when our other reservoirs were one million gallon capacity. 'The Mayor requested that Mayor Pro -tem Avila preside over Mayor abstain this item as he had a possible conflict of interest and frm procdngs would have to abstain. on reservoir Mayor Pro -tem The Council and the Utilities Director responded to all presided questions posed by the public and advised that approval of this item would only authorize the proposed site change and Comments by authorize the design to be amended, and that ultimately, the Cncl & Util. revised plans and specifications would be presented to the Dir. Council for final approval. 08/03/87 PAGE FIVE It was then moved by Councilman Cook, seconded by Councilman Appv site Latta that site change from 255 E. Sierra Madre to Pioneer change for Park be approved and that authorization be given for an reservoir & amendment to the design contract with James Montgomery and amend design Company. Motion failed by the following vote of the contract Council: (failed) It was then moved by Mayor Moses, seconded by Councilman Latta and unanimously carried by roll call* to adopt two separate resolutions authorizing payment of warrants by the City which were entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #s ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE 8292 & 8293 FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Warrants PUBLIC PARTICIPATION Pub.Prtc. Mr. Dennis Shearer addressed the Council regarding use of Req to use Memorial Park Softball field for a United Way Fund raising softball tournament, sponsored by Southern California Edison Company field for on October 3rd and 4th, 1987. United Way fundraiser After discussion, it was moved by Councilman Cook, seconded rfrd to by Mayor Moses and unanimously carried by roll call* that staff tentative approval be given for use of the softball field, however that all details and matters of concern be reconciled with the Director of Community Services. Ms. Betty Valentine addressed the Council in rebuttal to B. Valentine statements made by a citizen at a prior meeting regarding comments on the quality of homes at the Crystal Canyon Project. She Crystal Cnyn advised that the homes were of good quality and affordable project as well as being an asset to the City. The following addressed the Council regarding the state of affairs of their property at the Rainbow Angling Club site: Kam Leung, Ken Greger and Leslie Tate. They advised that their homes had numerous construction problems, water leaks, etc., which had caused their homes to be un -saleable. Further that their property was being foreclosed, due to non-payment of their mortgages. They further requested an extension of time on the foreclosures as well as a letter from the City Attorney stating the unusual circumstances of their non-payment on these mortgages. The City Attorney addressed all of their items and advised 'that the City/Agency was the only entity that was trying to resolve these problems. He further stated that the alleged problems that the homeowners were experiencing were the responsibility of the financial company, the mortgage servicers and the bank that did the appraisal, all of which were not under the control of the City. He also advised that the City/Agency stands to lose between 1 and 3 million dollars because of the default on the mortgage payments. 08/03/87 PAGE SIX K. Leung, K. Greger & L. Tate addsd Cncl re: probs @ Rainbow Project Comments by City Atty AYES: COUNCILMEMBERS: COOK, LATTA NOES: COUNCILMEMBERS: AVILA ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: MOSES CRUZ The Mayor questioned an item of payment to the Los Angeles Mayor ques- County for fire services on the warrant resolution and was tioned item advised by the Finance Director that the payment for on Warrant services was for five months, thus constituting such a Resolution considerable amount. It was then moved by Mayor Moses, seconded by Councilman Latta and unanimously carried by roll call* to adopt two separate resolutions authorizing payment of warrants by the City which were entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #s ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE 8292 & 8293 FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Warrants PUBLIC PARTICIPATION Pub.Prtc. Mr. Dennis Shearer addressed the Council regarding use of Req to use Memorial Park Softball field for a United Way Fund raising softball tournament, sponsored by Southern California Edison Company field for on October 3rd and 4th, 1987. United Way fundraiser After discussion, it was moved by Councilman Cook, seconded rfrd to by Mayor Moses and unanimously carried by roll call* that staff tentative approval be given for use of the softball field, however that all details and matters of concern be reconciled with the Director of Community Services. Ms. Betty Valentine addressed the Council in rebuttal to B. Valentine statements made by a citizen at a prior meeting regarding comments on the quality of homes at the Crystal Canyon Project. She Crystal Cnyn advised that the homes were of good quality and affordable project as well as being an asset to the City. The following addressed the Council regarding the state of affairs of their property at the Rainbow Angling Club site: Kam Leung, Ken Greger and Leslie Tate. They advised that their homes had numerous construction problems, water leaks, etc., which had caused their homes to be un -saleable. Further that their property was being foreclosed, due to non-payment of their mortgages. They further requested an extension of time on the foreclosures as well as a letter from the City Attorney stating the unusual circumstances of their non-payment on these mortgages. The City Attorney addressed all of their items and advised 'that the City/Agency was the only entity that was trying to resolve these problems. He further stated that the alleged problems that the homeowners were experiencing were the responsibility of the financial company, the mortgage servicers and the bank that did the appraisal, all of which were not under the control of the City. He also advised that the City/Agency stands to lose between 1 and 3 million dollars because of the default on the mortgage payments. 08/03/87 PAGE SIX K. Leung, K. Greger & L. Tate addsd Cncl re: probs @ Rainbow Project Comments by City Atty It was then moved by Mayor Moses, seconded by Councilman Cty Atty to Cook and unanimously carried by roll call* that City write letter Attorney be directed to prepare a letter for the homeowners re: circum - stipulating the unusual circumstances involved in the stances of foreclosure of their homes, further not admitting any foreclosures liability on the City's part. OTHER BUSINESS/CITY COUNCIL Oth.Bus/Cncl Moved by Mayor Moses, seconded by Councilman Cook and Trees to be unanimously carried by roll call* that staff be directed to trimmed on trim palm trees on Cerritos Avenue between First Street and Cerritos Gladstone. Director of Community Services Guarrera addressed item No action dealing with playing ball at Gladstone Park after 10:00 P.M. taken re: and advised that there was no curfew set and that he had not playing ball experienced any problems at either Gladstone or Memorial after IOPM Park. No action taken by Council. Mayor Moses made a clarification on an item he had placed on Clarifica- the July 20th agenda regarding an audit of staff members. tion of prop. He advised that his request was for audit Mngmnt administrative/management personnel only, not all city pers.only employees. THE REDEVELOPMENT AGENCY CONVENED JOINTLY WITH THE CITY CRA convnd COUNCIL AT 9:45 P.M. w/Cncl Councilman/Director Cook offered a resolution entitled: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AND Res. #8294 THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TO RECESS TO Closed Sess CLOSED SESSION ON AUGUST 3, 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 c).Moved by Councilman/Director Cook, seconded by Mayor/Chairman Moses, to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council/Agency: AYES: COUNCILMEMBERS/DIRECTORS: AVILA, COOK, LATTA, MOSES NOES: COUNCILMEMBERS/DIRECTORS: NONE ABSENT: COUNCILMEMBERS/DIRECTORS: CRUZ The purpose of the Closed Session was to consider a personnel matter and to confer with the City's/Agency's real estate negotiators regarding the acquisition of real property for roadway purposes adjacent to 591 E. Foothill Blvd., Nathan Krems and the Krems Estate. ' TIME OF RECESS TO CLOSED SESSION: 9:46 P.M. Recess to Closed Sess THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED Reconvened AT 10:15 P.M. 08/03/87 PAGE SEVEN The City Attorney apprised the public that the Council Suspension considered a personnel action during the Closed Session and & pay re - that they had approved the suspension and reduction in step duction fr of Police Officer Chavez. PO Chavez Moved by Councilman/Director Latta, seconded by Adjourn Councilman/Director Cook and unanimously carried* to adjourn. TIME OF ADJOURNMENT: 10:16 P.M. NEXT RESOLUTION NO. 8295 NEXT ORDINANCE NO. 2355 * Indicates Councilman Cruz absent 08/03/87 y, PAGE EIGHT