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HomeMy WebLinkAboutMinutes - February 16, 1988 - CC (2)1 CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 16, 1988 - 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. Mayor Moses called the meeting to order and led in the Call to order salute to the Flag. INVOCATION was given by Director of Community Services Invocation Guarrera in the absence of Reverend Gordon Coulter of the Free Methodist Church. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES ABSENT : COUNCILMEMBERS: NONE ALSO PRESENT Also Present City Attorney Thorson, City Administrator Fuentes, Police 'Captain Russo, Director of Finance Craig, Director of Community Development Bruckner, Utilities Director Hsu, Director of Community Services Guarrera, City Engineer Spindel, Code Enforcement Officer Rudisel, Librarian Schippleck, Redevelopment Manager Steel, Redevelopment Project Analyst Katchen-Gall, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Lara. Ceremonial Mayor Moses introduced reporter Craig Quintana from the Los Intro reprtr Angeles Times to the Council and audience. frm LA Times The Mayor, further, congratulated the Civitan Club on the Congrats to occasion of their fiftieth anniversary. Civitans The CONSENT CALENDAR consisting of Items 1 through 14 was Cons Cal approved by motion of Councilman Cook, seconded by appvd, F-8 Councilman Latta, and unanimously carried by roll call vote, Spec Call, with the exception of Item F-8, which was considered under F-11 removed the SPECIAL CALL portion of the Agenda, and item F-11, which was removed from the Agenda. 1. Minutes of the regular meeting of February 1, 1988, Min appvd ' were approved as written. 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8375 APPROVING THE REVISED AGREEMENT OF THE SOUTHERN Joint Pole CALIFORNIA JOINT POLE COMMITTEE EFFECTIVE JANUARY 1, Agmt 1988. The Southern California Joint Pole Committee is an association of member power and communication companies. The major function of the committee is to equitably distribute the cost for sharing space on poles used for power distribution and communication circuits. 3•. The City has had an agreement with the County of Los Agmt w/LA Angeles Sanitation District for use of their Azusa Cnty San Water Reclamation site adjacent to Zacatecas Park. District The lease expires February 8, 1988. A one year lease propty extension of the lease was approved and its execution @ Zacatecas authorized; further the City will provide a certificate Park of insurance naming the District as additionally insured. 4. Employee step increase and permanent status Step inc./ recommendations were approved for the following: perm status NAME STATUS EFFECTIVE K. Harris Step 4 02/19/88 C. Lindamood PermStat 02/18/88 B. Badoni Step 4 02/04/88 J. Collins PermStat/Step 4 02/09/88 T. Harrington Step 5 02/06/88 5. Project No. 739-87, carpeting in the City Library, has Not. of Comp. been satisfactorily completed by the contractor, Proj 739-87 Westland Floor Covering. The project was approved and authorization given to the Mayor to execute the Notice of Completion; further directing the City Clerk to have same recorded. 6. The Community Development Department has completed Specs for 02/16/88 PAGE TWO specifications for the installation of chain link Proj 747-87 fencing on the ball field backstop area at Gladstone appvd Park. This is a part of the Park Improvement Projects previously approved by the Council and is funded by the Developers' Fee account. The specifications were approved and the City Clerk directed to advertise for bids. ' 7. The resignation of Police Cadet Ronald Kelley, Resign. R. effective February 2, 1988, was accepted. Kelley 8. SPECIAL CALL ITEM. Spec Call 9. The resignation of Patricia Myers, Secretary to the Resign. P. City Administrator, effective February 5, 1988, was Myers accepted. 10. The garage at the rear of 401 E. Foothill Blvd. was Demo garage declared a public nuisance on October 30, 1987, due to @ 401 E. Fthl severe dilapidation and obsolescence. The owner was provided with ample opportunity to rehabilitate or demolish the structure, but has failed to take correction action. Demolition of the garage was authorized and staff directed to charge all costs to the property owners for said work. 11. ITEM REMOVED FROM THE AGENDA. Removed 12. The City Treasurer's Financial Statement showing a City Treas. balance of $10,752,543.19, as of January 31, 1988, was Fin.Stment received and filed. 13. The appointment of James Roberts to the position of Appt. J. Jailer, effective February 19, 1988, was approved. Roberts 14. Two separate resolutions authorizing payment of Res. #s 8377 warrants by the City were adopted and entitled: & 8378 Warrants A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. 02/16/88 PAGE TWO THE CITY COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY AT 7:38 P.M. THE CITY COUNCIL RECONVENED AT 7:46 P.M. Adj to CRA Reconvened MMTHE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL No bus IDA =DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE RANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Ord./Spec.Res Councilwoman Avila offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Ord. #2366 AMENDING CHAPTER 8.08 OF THE AZUSA MUNICIPAL CODE RELATING massage TO REGULATION OF MASSAGE PARLORS AND RELATED BUSINESSES. parlors Moved by Councilwoman Avila, seconded by Councilman Cook 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 This Ordinance will modify the procedural and revocation processing of existing Ordinance. 0ity Attorney addressed item regarding the adoption of a Prop. res. esolution of necessity for acquisition by eminent domain of of necessity lectrical distribution facilities from Southern California elec. distri- dison Company. The distribution facilities in focus is the bution faci- facilities serving the Foothill Shopping Center. The City lities @ Fthl submitted an offer to Edison for purchase of said facilities Center however, the offer was rejected. He, further, stated that notice of condemnation proceedings Rep frm So. were sent to Southern California Edison Company and that Ca.Edison their representative, Mr. Don Meyer, wished to be heard on not at mtg this matter. Mr. Don Meyer was called upon to speak, but he to address was not in attendance at the meeting. item Councilman Cook then offered the resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN ELECTRICAL DISTRIBUTION FACILITIES FOR ELECTRICAL SERVICE PURPOSES AND ALL USES APPURTENANT THERETO LOCATED AT THE 800 BLOCK OF ALOSTA AVENUE, AZUSA, CALIFORNIA. Moved .by Councilman Cook, seconded by Councilman Latta to waive further reading and adopt. Resolution passed and dopted by the following vote, to wit: BYES: COUNCILMEMBERS: AVILA, "NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE SCHEDULED ITEMS COOK, CRUZ, LATTA, MOSES PUBLIC HEARING - to consider projects for fourteenth year Community Development Block Grant funding. 02/16/88 PAGE THREE Res. #8379 acquisition of ctn elec distribution facilities Sched. Items Pub Hrg CDBG funds The Mayor declared the Hearing open. The City Clerk read Hrg opened the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on February 3, 1988. Redevelopment Manager Steel addressed this item and advised Comments by that the projects considered to be funded through CDBG were staff as follows: Minor Home Repair Grant (Handyman) Program. Central Business District Revitalization. Administration. Mr. Art Morales addressed this item, stating that he had no Comments by objections to the projects considered for funding. He did, A. Morales however, voice some criticism towards the East San Gabriel Valley Consortium, who have the contract for providing the minor home repair program, in that they were not very solicitous towards Azusa youth in their hiring practices. Moved by Coucilwoman Avila, seconded by Councilman Latta and Hrg closed unanimously carried by roll call to close the hearing. Councilman Cook then offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8380 ADOPTING THE STATEMENT OF OBJECTIVES AND SELECTING PROJECTS appvng stmnt FOR FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT of objectvs PROGRAM FOR FISCAL YEAR 1988-89. CDBG 14th yr funding Moved by Councilman Cook, seconded by Councilwoman Avila to waive further reading and adopt. Resolution passed and adopted by the following vote, to wit: YES: COUNCILMEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES OES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE PUBLIC HEARING - on appeal of Frances Martinez/Manuel Pub Hrg Casteneda, on application of Jose and Frances Martinez for CUP C-461, a conditional use permit to allow a second dwelling unit on Var. V-952 & an Ric lot and a variance and precise plan to legalize Precise Plan existing structure on the property located at 934 N. San P-2576 Gabriel Avenue. The Mayor declared the Hearing open. The City Clerk read Hrg opened the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on January 27, 1988, and the affidavit of proof of posting said property on February 5, 1988. Director of Community Development Bruckner addressed this Comments by item advising that the nonconforming use status of the staff property became fully amortized in 1977, and that when a Real Property Records Report was completed on this parcel this fact was discovered. He further stated that the Planning Commission had suggested that the second dwelling unit be converted into a guest house, which would bring the of the property into conformance with the Ric zone. �se estimony was received from applicant Frances Martinez who Testimony of advised that she had owned the property for four years and F. Martinez had sold it to her brother. She did not become aware of the problem of the illegal second unit until one week prior to escrow closing. By that time, the sale was too far along to cancel and she felt that the City should have advised her sooner of the problem. 02/16/88 PAGE FOUR Mr. Manuel Casteneda, appellant, addressed the Council Testimony of stating that he was willing to keep the second unit as a M. Casteneda guest house, and that he had removed the stove, but did not realize that the sink had to be removed also in order to comply as a guest house. Further testimony was received from staff as well as Testimony applicant, with regard to the need for a three car garage staff for the units, even though one remained as a guest house. 'Mr. Charles Graaf addressed the Council stating that since Comments by the second dwelling unit has been in existence since 1928, C. Graaf it should be left alone to remain that way. Moved by Councilman Latta, seconded by Councilman Cook and Hrg closed unanimously carried by roll call to close the hearing. Moved by Mayor Moses, seconded by Councilwoman Avila, and Appl grntd unanimously carried by roll call to approve the appeal, further directing the City Attorney to prepare the necessary documents. PUBLIC HEARING - to receive testimony from property owners Pub Hrg having any objections to the abatement of weeds, rubbish, weed abatemnt brush, refuse and dirt upon or in front of property on certain streets in the City. All property owners involved were advised by mail of the notice to abate weeds. The Mayor declared the Hearing open. The City Clerk read Hrg opened the affidavit of proof of publication of notice of said hearing published in the San Gabriel Valley Tribune on February 5, 1988. Ms. Dolores Lopez from the Los Angeles County Agricultural Testimony ommissioner's Office addressed the Council stating that if D.Lopez here were any questions regarding the weed abatement that LA Ag Off. he would be willing to respond. Ms. Angela Scarza addressed the Council advising that she Testimony had received a weed abatement notice and questioned the A. Scarza location of the problem weeds. Ms. Lopez advised her that the notice of abatement included a detachable card in which to respond, if the home owner felt that the notice was in error; further advising that telephone numbers were also printed on the notice if information was needed. No further protests were received. Moved by Councilwoman Avila, seconded by Councilman Latta Hrg closed and unanimously carried by roll call to close the hearing. No action was necessary, as hearing was held solely to No action receive protests from affected property owners. protests recd PUBLIC NUISANCE APPEAL - of Julian and Maria Villa for Pub Nuis Appl property declared a public nuisance at 620 W. Ninth Street. J. & M. Villa ity Clerk Solis administered an Oath to Code Enforcement Oath to Code fficer Rudisel prior to receiving his testimony. Mr. Enfcmnt Off udisel stated that the property was declared a public for testimony nuisance on January 11, 1988, due to a fully amortized, non- conforming residential use in an M1, light manufacturing zone; further due to State Housing law violations, including lack of heat, leaking and unpermitted plumbing, broken and missing windows and dry rot in the floors and eaves. The current owners are attempting to sell the property to an industrial developer, and had given the tenant, Mr. Villa, a 30 day notice to quit, several days before the hearing. 02/16/88 PAGE FIVE Mr. Villa addressed the Council stating the hardship that he Testimony was experiencing trying to find suitable housing on his Mr. Villa income and requested that he be granted a 60 day extension to vacate the premises. Mr. Rudisel advised that two notices had been given to Mr. Villa to vacate the premises, one by the City and one by the property owner and that in the event an extension was given to him by the Council, there was no guarantee that the property owner would allow him to stay. ,Mr. Villa apprised the Council that the property owner would be in agreement to allow him to stay if the Council gave him the 60 day extension. Moved by Councilman Cruz, seconded by Mayor Moses and 60 day unanimously carried by roll call to grant Mr. Villa a 60 day extension extension from this date, February 16, 1988. grantd Mr. Bill Simpson addressed the Council requesting Comments clarification of a legal point from the City Attorney. He B. Simpson asked whether the property owner would be in violation, between Old Foothill criminally, if he did not give a notice to the tenants to a move. City Attorney advised that he was not aware of any handicapped access ramp criminal violations, however, there is a landlord/tenant and civil action wherein certain notices must be given a tenant revenues are available. before he can go through the court and have the tenant evicted. Mr. Simpson stated that he had spent some jail time because he had allowed his tenants to continue living in a building that the County found to be unacceptable. Mr. Thorson advised him that there was a difference between giving someone notice to move and using the courts to evict them. 'Also, that Building and Health Code violations could be prosecuted both civilly and criminally. Mr. Simpson again stated that since the tenant was given a 60 day extension, would that extension also remove the landlord from having to pursue the eviction notice to avoid prosecution. Mr. Thorson advised him that the owner would still be required to improve the property, however, that he would not have to demolish the building before 60 days. Moved by Councilman Latta, seconded by Councilman Cruz and Waive fees unanimously carried by roll call to approve waiving the Woman's Club fees for use of the Woman's Club by The Helping Hand for a Helping Hand benefit dinner dance for the Rocha family on March 19, 1988 & Az Sister and the Azusa Sister City Committee for a fundraiser for Cty Comm. their Annual Youth Exchange Program, on March 12, 1988. Moved by Councilman Latta, seconded by Mayor Moses and Rpt re: unanimously carried by roll call that staff be directed to handicapped review bus stop site on the west side of Citrus Avenue access @ bus between Old Foothill and Alosta for necessity of a stop - Citrus handicapped access ramp and to install same if warranted and nr Old Fthl revenues are available. Notification was given by staff that the Southern City to ,California Rapid Transit District Board of Directors were to oppose fee hold a public hearing on February 20, 1988, at 9:00 A.M. at inc SCRTD their headquarters, 425 S. Main Street, Los Angeles regarding possible fare and service adjustments. Moved by Councilman Cruz, seconded by Councilman Latta and unanimously carried by roll call to direct staff to correspond to the SCRTD Board of Directors advising that the City is not supportive of any increase in rates. 02/16/88 PAGE SIX SPECIAL CALL ITEMS Spec Call Mr. Ron Tressel addressed item regarding acceptance of a Comments R. grant of easement from Shams Karimi. He advised that Mr. Tressel re: Karimi should be fairly compensated for the grant of grant of easement and further stated that acquiring the easement easement frm prior to allowing building permits to be issued was a form S. Karimi of extortion. The proposed resolution provides a five foot street easement along Todd Avenue from Mr. Karimi, who intends to construct a gas station at the northeast corner of Todd Avenue and Foothill Blvd. Councilman Cook then offered the resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8376 ACCEPTING A CERTAIN GRANT OF EASEMENT AND DIRECTING THE accptng grnt RECORDING THEREOF. of easement S. Karimi Moved by Councilman Cook, seconded by Councilman Latta to waive further reading and adopt. Resolution passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, COOK, CRUZ, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE PUBLIC PARTICIPATION Pub.Prtc. Ms. Lana Grizzell addressed the Council and invited them and L. Grizzell all residents in the City to the Civitan Club's fiftieth invited all anniversary dinner dance to be held at the Azusa Woman's to Civitans Club on February 19, 1988. Ticket cost: $12.50 per person. 50th Anniv Mr. Conrad Bituin addressed the Council regarding an C. Bituin article that he had read in the San Gabriel Valley Tribune comments on regarding Senate Bill 5 dealing with pornography. He felt SB 5 - rfrd that the Council should support the passage of this bill. to Cty Atty It was consensus that further information be received from the City Attorney dealing with this Bill before any action would be taken by the Council. Mr. Art Morales addressed the Council regarding item that Comments A. had been removed from the Agenda - replacement of vinyl Morales re: polyester cover for Reservoir No. 1. He inquired why the replacement cover was allowed to become so deteriorated, and if more of cover fr than one company had been contacted for its replacement. He Reservoir further stated that the site should be more secure from No. 1 vandalism and suggested placing a laser type system around the perimeter to ensure security. Mr. Morales, further, requested whether the audit of A. Morales Councilmember's expenditures had been completed, and if it req. info on was, could the report be submitted at the next Council audit of meeting. Cncl expnses Mr. Bob Metcalf addressed Council requesting their presence B. Metcalf as well as residents of the City, at the Senior Center on invited all Friday, February 19, 1988, for their Sweetheart Dance. ;. to Sr Dance Mr. Howard Kennedy addressed Council regarding Proposition B H. Kennedy slated for the April 12th municipal election. He stated comments on that the Proposition dealt, solely, with the reaffirmation Prop. B of the present zoning of the Golf Course and its passage would not change the zoning of any of the parcels adjacent to it. 02/16/88 PAGE SEVEN OTHER BUSINESS/CITY COUNCIL 0th Bus/Cncl Moved by Mayor Moses, seconded by Councilman Cruz, and Cty to parti- carried by roll call that the City participate in the cipate in Intercity Foothill Group Study regarding improvement of the Intrcty Fthl image of the San Gabriel Valley, at a cost of $5,000.00. Group Councilman Cook dissenting. Moved by Mayor Moses, seconded by Councilman Cruz, and Spt of H.R. unanimously carried by roll call that the City advise its 2727 'support regarding passage of House of Representatives Bill 2727 dealing with insurance rates. Councilman Cook offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA TO Res. #8381 RECESS TO CLOSED SESSION ON FEBRUARY 16, 1988, PURSUANT TO Closed Sess THE PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a). Moved by Councilman Cook, seconded by Mayor Moses 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 TIME OF RECESS TO CLOSED SESSION: 9:13 P.M. Recess to Closed Sess THE CITY COUNCIL RECONVENED AT 9:37 P.M. Reconvened ,Moved by Councilman Latta, seconded by Councilman Cruz and Adjourn unanimously carried to adjourn. TIME OF 9:38 P.M. NEXT RESOLUTION NO. 8382 NEXT ORDINANCE NO. 2367 02/16/88 PAGE EIGHT o