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HomeMy WebLinkAboutMinutes - May 2, 1988 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING 1 MAY 21 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 Father David Granadino of the Invocation Saint Frances of Rome Church. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT Also Present City Attorney Thorson, City Administrator Fuentes, Chief of Police/Assistant City Administrator Wood, Director of Finance Craig, Director of Community Development Bruckner, Director of Community Services Guarrera, Utilities Director Hsu, City Engineer Spindel, Redevelopment Manager Steel, Redevelopment Project Analyst Katchen-Gall,•Senior Librarian Schippleck, Senior Planner Watrous, Assistant Fire Chief Jones, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Lara. CEREMONIAL Ceremonial Proclamation in honor of "Be Kind to Animals Week" was not Proc. Be Kind presented at this time, as representative from the San to Animals Wk Gabriel Valley Humane Society was not in attendance. The CONSENT CALENDAR consisting of Items 1 through 15 was Cons Cal approved by motion of Councilwoman Avila, seconded by appvd, F-14 Councilman Stemrich, and unanimously carried by roll call Spec Call vote, with the exception of Item F-14, which was considered under the SPECIAL CALL portion of the Agenda. 1. Minutes of the regular meeting of April 18, 1988, Min appvd and the reorganization meeting of April 19, 1988, were approved as written. ' 2. Three separate resolutions of application by the City Resolutions requesting the Local Agency Formation Commission to of app to take proceedings for three annexations were adopted and LAFCO re: entitled as follows: annexations A RESOLUTION APPLICATION BY THE CITY OF AZUSA, LOS Res. #8407 ANGELES COUNT DISTRICT REQUESTING THE LOCAL AGENCY � Annex #93 FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE SOUTHERLY ANNEXATION DISTRICT NO. 93. (Lark Ellen and Arrow Highway vicinity.) A RESOLUTION OF APPLICATION BY THE CITY OF AZUSA, LOS Res. #8408 ANGELES COUNTY DISTRICT REQUESTING THE LOCAL AGENCY Annex. #94 FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE SOUTHERLY ANNEXATION DISTRICT NO. 94. (Donna Beth and Azusa Avenue vicinity.) C. Lopez Step 5 04/29/88 A RESOLUTION OF APPLICATION BY THE CITY OF AZUSA, LOS Res. #8409 ANGELES COUNTY DISTRICT REQUESTING THE LOCAL AGENCY Annex. #95 FORMATION COMMISSION TO TAKE PROCEEDINGS FOR THE S. Brisco Step 3 03/15/88 SOUTHERLY ANNEXATION DISTRICT NO. 95. (Cerritos, Baseline and Barranca vicinity.) 3. The Electric Department has accumulated 59 burned out Frml bidding transformers from the system. These transformers have waived to been tested for PCB content. In accordance with the dispose of Environmental Protection Agency regulations and State 59 burned mandate, these transformers can be disposed of as scrap out trans - metal. Three firms have shown an interest on bidding formers for these transformers. Therefore, pursuant to the D. Mata Step 3 05/05/88 Municipal Code, formal bidding procedures were waived and authorization given to award the transformers to the highest bidder with the most qualified industrial K. Tripp Step 3 05/03/88 references and best liability insurance coverage. 4. Employee step increase and permanent status Emp step inc. recommendations were approved for the following: perm. status NAME STATUS 05/02/88 PAGE TWO 1 C. Lopez Step 5 04/29/88 M. Trejo Step 5 05/07/88 S. Brisco Step 3 03/15/88 C. Brewer Step 4 05/03/88 C. Contreras PermStat/Step 4 04/19/88 P. Foley Step 3 05/03/88 T. Goulding PermStat 05/03/88 C. Grogan Step 3 05/03/88 D. Mata Step 3 05/05/88 M. O'Toole Step 3 05/01/88 K. Tripp Step 3 05/03/88 E. Beterbide Step 5 05/05/88 J.Taylor Step 4 05/04/88 5. Specifications for the purchase of one 1 -ton sewer Specs appvd service truck to be used by the Street Maintenance for 1 ton Division were approved and the City Clerk directed to sewer svc advertise for bids. This truck will replace a 1974 truck model that is experiencing a high degree of mechanical breakdowns. 6. Resignation of Police Cadet Terry Smith, effective May Resign. 2, 1988, to accept position as Police Jailer was T. Smith accepted. 7. The appointment of Terry Smith to the position of Appt T. Police Jailer, effective May 3, 1988, was approved. Smith 8. The appointment of Amparo Berumen to the position of Appt A. ' Police Clerk, effective May 3, 1988, was approved. Berumen 9. As part of the downtown rehabilitation project, staff Allocation met with several downtown merchants. A major concern of CDBG of most was t e appearance and function of the City funds for owned parkingat 614-620 North Azusa Avenue. Staff pkng lot has identifie $22,149.00 of unexpended Community rehab Development B1 k Grant funds to construct a block wall along the alley, repave the parking area and install landscaping. The allocation of these funds was approved for the parking lot reconstruction project. 05/02/88 PAGE TWO 1 10. An agreement between the City and County was approved Agmt w/LA No bus IDA and its execution authorized, for the examination of Cnty for TRANSACTED. Tract and Parcel Maps. This agreement will be for a tract maps Ord./Spec.Res one year period with automatic renewals, unless Stemrich & Councilmembers Stemrich and Naranjo should abstain on the cancelled by either party. Normally, all examinations adoption of resolution dealing with Mr. & Mrs. Krieger's abstain re: and certifications are performed by the City CUP, V and which was held on the 18th day of April, 1988. Engineer, and the County service is hardly ever fearing (Krieger) utilized. This agreement primarily serves as a standby A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA service, if required. All fees are paid by the DENYING THE APPEAL OF CONDITIONAL USE PERMIT CASE NO. C-88- Denying appl subdivider. There is no cost to the City. (Krieger) ' 11. The resignation of Police Clerk II, Lupe Badoni, Resign. effective April 25, 1988, was accepted. L. Badoni 12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8410 ESTABLISHING MAY 15-21, 1988, AS POLICE WEEK AND Police Wk & RECOGNIZING MAY 15, 1988, AS PEACE OFFICERS' MEMORIAL P.O. Mem'1 DAY. Day 13. Formal bidding procedures were waived pursuant to the Frml bids Municipal Code and authorization given to purchase waived to 15,000 feet of #2AWG underground distribution cable purch cable from Pirelli Cable Corporation, at a cost of wire $17,939.93. This wire has become very difficult to find. Quotations were solicited from seven vendors with only three responses. 14. SPECIAL CALL ITEM. Special Call 15. Two separate resolutions authorizing payment of Res. #s 8411 warrants by the City were adopted and entitled: & 8412 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. THE CITY COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY AT Adj to CRA 7:40 P.M. THE CITY COUNCIL RECONVENED AT 8:09 P.M. Reconvened THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL No bus IDA DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Ord./Spec.Res The City Attorney apprised Council that newly elected Stemrich & Councilmembers Stemrich and Naranjo should abstain on the Naranjo to adoption of resolution dealing with Mr. & Mrs. Krieger's abstain re: appeal, unless they reviewed the proceedings of the Public CUP, V and which was held on the 18th day of April, 1988. Prec Plan fearing (Krieger) Councilwoman Avila then offered the resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res.#8413 DENYING THE APPEAL OF CONDITIONAL USE PERMIT CASE NO. C-88- Denying appl 3, VARIANCE CASE NO. V-88-4 AND PRECISE PLAN OF DESIGN NO. (Krieger) P-88-9 FOR THE PROPERTY LOCATED AT 140-146 NORTH AZUSA AVENUE (WILLIAM AND MARILYN KRIEGER). 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: 05/02/88 PAGE THREE AYES: COUNCILMEMBERS: AVILA, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: STEMRICH, NARANJO ABSENT: COUNCILMEMBERS: NONE SCHEDULED ITEMS Sched. Items PUBLIC HEARING - on application of Robert G. Restivo re- Pub Hrg questing a zone change to rezone from W to M2, Z-261; a Z-261, GPA ' change from the General Plan designation of C to HI, GPA 87- 87-4 & EIR 4; and proposed Environmental Impact Review Report No. 87-1, 87-1 to operate a rock quarry on the property located at 1850 (Restivo) Fish Canyon Road. 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 April 13, 1988, and the affidavit of proof of posting said property on April 22, 1988. Community Development Director Bruckner addressed this item Testimony and stated that this has been a long process which Comm Dev Dir commenced in April of 1987. The first public hearing was held in December and was continued a number of times. He went on to state that the proposed project would consist of removal of approximately 4 million cubic yards of material from the hillside, resulting in the toe of the hillside being removed back from 70 to 200 feet. The resulting steep slopes would be benched and terraced, extending up the hillside, from 80 to 240 feet. The hours of operations would be from 6:00 A.M. to 6:00 P.M. No permanent structures would be built, however, heavy equipment would be present, as well as a temporary office trailer. Duration of quarrying activities would depend upon market conditions, ' but estmates by the applicant are anywhere from 2 to 10 years. The applicant indicated that the ultimate use, after quarrying has been completed, could be an indusrial park. He further stated that in February, the applicant suggested to staff several modifications to their proposal, in an attempt to mitigate concerns of citizens of Duarte. These proposed modifications were determined by staff to be a substantial change in the project description requiring a supplemental EIR, since the EIR already prepared evaluated the project impacts, on a different basis. The supplemental EIR would have cost an estimated addditional $20,000, and another 45 day public review period. Faced with this, the applicant decided to withdraw the proposed modifications and move ahead with the original proposal. Mr. Bruckner further advised that the Planning Commission acted to recommend to the City �C ouncil certification of the Final EIR and denial of the zort change and General Plan Amendment. In addition, the gommission denied Conditional Use Permit which was not appealdd by the applicant, and con- sequently, not at issue in this hearing. ' The City Attorney interjected at this time, that Council would be acting on this particular issue only, and that the proposed CUP revocation of the Kirst Company should not be addressed, as this matter would be coming before the Council at a later date. Mr. Gary Werner of Community Development Consulting Services addressed the Council representing the owner Mr. Restivo. He stated that they had been through a number of biased and emotional public hearings with the Planning Commission; and that not until the process was over did they realize that the City was pursuing the revocation of a nearby quarrying operation, which effected their proposal. He stated that 05/02/88 PAGE FOUR Advice frm Cty Atty Testimony G.Werner for app their proposal was on a much smaller scale and that ultimately the area would be leveled and could house a small industrial development. He further advised that the Planning Commission was overwhelmed by negative testimony, primarily from the residents of Duarte, which harnessed into the proposed revocation of the adjoining quarry operation. In light of this, he requested that Council not take action on their proposal tonight rather after policy had been formulated by the City with regard to the other quarrying operation. He went on to state that he did not agree with the Planning Commission that the EIR was adequate; he felt that other alternatives should have been addressed which would allow the Planning Commission to either approve the original proposal or lesser alternatives. When they offered to diminish the scope of their project, they were advised by staff that a supplemental EIR would have to be prepared at an additional cost of $25,000.00, as the original EIR was not sufficient. The process, he felt, was quite abusive to the owner in that adequate response to many of the points that were offered by the proponent were not dealt with properly by staff or the EIR consultant. Further, that neither he nor the owner had received notification of the hearing this evening and he hoped that the Council had all the literature submitted by the proponent of the foregoing proceedings so that they could properly assess the matter. He then submitted a copy of a letter from Mr. Restivo indicating his disgust to the manner in which the whole process had been handled. Mrs. Gayle Avakian addressed the Council stating that the Planning Director clearly stated the reasons why this proposal should not be considered. Further, that water conservation, good air quality and slow growth were needed. She further questioned the City Attorney's role in this proposed project. Comments G. Avakian City Attorney apprised Mrs. Avakian that neither he nor any Response by member of the firm had any position, either pro or con, on Cty Atty this project. His function was to advise staff on the proper procedures required to be followed in order to be in compliance with the Code. Ms. Marlene Fox, attorney, representing the City of Duarte Testimony addressed the Council stating that the Planning Commission M.Fox, atty and staff of the City have spent many long hours and months for Cty of hearing this proposal. That the City of Duarte became Duarte involved in 1987 and that many residents were in attendance at the public hearings and that there was a fair amount of emotionalism but that should not detract from the hard core evidence and facts such as hydrology reports, traffic safety reports and geo-technic reports, which were submitted by the City of Duarte, which clearly stated the dangers inherent to this type of operation. That this project should succeed or fail on its own merits, and that the proposed revocation of an adjoining quarrying operation should not even enter into it. Further, that this project is not just simply removing materials above grade; it is a long term grading project to level steep terrain so that they can have a level pad area to ultimately construct an industrial park area. She also wanted to state for the record that the City of Duarte first heard of the proposed revocation of the conditional use permit for Kirst Construction in March of 1988 and that it was not initiated because of the overwhelming testimony by the residents of Duarte, but by a member of the Azusa Council. However, the City of Duarte was definitely interested in the case because of the close proximity to that City. She further wanted to advise that she was not in accord with staff in that the EIR was adequate, as it did not properly evaluate air emissions, hydrology, ground water problems and traffic safety. She further stated that she hoped documents submitted by her were included in the Council packets. 05/02/88 PAGE FIVE City Attorney pointed out that pertinent documents Response by concerning this hearing were contained in the EIR as well as Cty Atty responses from the applicant and the City's EIR consultant. Ms. Rosemary Jamison addressed the Council stating that her Comments residence was located about 1500 feet from the proposed R. Jamison project and she was very concerned about traffic safety as well as the dust problems. She wished the Council to support the findings of the Planning Commission and deny the 'project. Mr. Art Morales addressed the Council stating that staff Comments should be more considerate and advise applicants at the A. Morales outset if their proposal seems likely not to be approved, instead of having them go through the whole process and expend funds for preparation of an EIR. He felt that the Council should direct staff to do so at this time. Mr. Gary Werner addressed Council stating that he had not Rebuttal received a copy of the staff report and noted that Ms. Fox G.Werner did have one in her possesion. He stated that it was inappropriate that the applicant did not receive the report. He further stated that he concurred with Ms. Fox in that the EIR was fatally flawed and urged the Council not to take any action at this time until supplemental information or re- drafting of the EIR were completed. He further stated that this was the first time that the City was involved in the preparation of an EIR and in pursuing that policy they were taking the responsibility also; and it is not unreasonable for the owner to assume that upon payment he would get, at the end of the process, an EIR that would be certified as adequate. He also inquired if the Council had documents from the proponent in their file and was advised by the City Attorney that there was a lengthy document incorporated in the packet and further stated that the record contained all letters and correspondence. Director of Community Development Bruckner addressed Council Rebuttal and advised that the EIR was prepared by a third party, an Comm.Dev.Dir. unbiased consultant, and that it was not fatally flawed as had been said. The disagreement is based primarily on how much information is adequate. CEQA does not require that exhaustive .analyses be prepared for the matter in question to -be able to make a determination and be acted on. Councilman Stemrich inquired why Mr. Johnson was allowed to Council choose his own consultant to prepare an EIR for his project comments and that Mr. Restivo was not given that option. Staff & Cty responses Mr. Bruckner advised him that he had changed existing policy because it was not in the best interests of the City to have a proponent prepare his own EIR. In order to promote an unbiased report of environmental impacts, that an unbiased third party would best prepare that report. Consequently, as administrator of the planning function in the City he changed the policy to ensure that the EIR became the City's report and not the proponent's report. He further stated that this practice was standard utilized by many cities. ' City Attorney also advised that this was the standard used by most cities. He also advised that in the case of the Johnson property, that Mr. Johnson selected the consulant to prepare the EIR, however, that staff determined that the consultant was qualified to prepare the report pursuant to the guidelines as specified by CEQA. Mayor Moses inquired whether the proponent of this specific project had been advised of the procedures involved and was assured by Mr. Bruckner that he had, in fact, advised him of the obstacles that the proposed project would have, the 05/02/88 PAGE SIX preparation of an EIR and the fact that the proposed project was inconsistent with the existing land use policies of the City of Azusa. He felt that he and staff had forewarned the applicant of the processes that he would have to go through, and he decided to go ahead and proceed regardless. Moved by Councilman Naranjo, seconded by Councilman Latta and unanimously carried by roll call to close the hearing. 'Moved by Councilwoman Avila, seconded by Councilman Stemrich and unanimously carried by roll call to re -open the hearing and continue to meeting of May 16th, in order that additional information be submitted for Council review; further that applicant receive all requested reports regarding the hearing. Hrg closed Hrg re -opened & continued to 5/16 mtg PUBLIC HEARING - on proposed revocation of Conditional Use Pub Hrg Permit C-269, Azusa Transmission, which was granted to allow CUP 269 a drive-in business (gas station), on the property located Az Trans - at 902-906 North Azusa Avenue. mission 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 April 13, 1988, as well as the affidavit of proof of posting said property on April 22, 1988. Mr. Naranjo advised that he would be abstaining from the Cncl Naranjo proceedings and left the Council table. to abstain City Clerk Solis administered the oath to Community Oath of Comm Development Director Bruckner prior to his giving testimony Dev Dir on this matter. Mr. Bruckner stated that the revocation was recommended due Testimony to a failure to comply with stated conditions of approval Comm Dev Dir requiring landscaping planters to be installed and maintained on the property. After repeated efforts by staff to obtain compliance, a public nuisance hearing was held and as part of the order to abate, the Hearing Officer recommended that revocation proceedings be commenced on this conditional use permit. He further stated that an offer to purchase the property and to develop a small commercial building on the site has been made to the property owner. The sale of the property has not been finalized, and should not affect the disposition of the subject revocation proceedings. Applicant was not in attendance at the meeting. App not present Mr. Art Morales addressed the Council and stated that some time ago, the owner had planted some rose bushes and had Comments received negative comments from staff. He felt that the A. Morales owner should be allowed to plant flowers of his choice. Mr. Art West addressed the Council stating that he was Comments confused regarding who actually had the conditional use A. West permit; owner/applicant/tenant. Further, stating that the pumps were being removed on the property and if, in 'gas fact, a Circle K was slated for that area. Mr. Bruckner advised him that the property owner receives Response the CUP, not the business owner, and that it is the property by staff owner's responsibility for the landscaping; further that no official proposal had been received for the development and that tentatively, the Circle K had been mentioned. Mr.Art West addressed the Council again, stating that the Comments landscaping at the 7-11 store was below par and was in a A. West deplorable condition. 05/02/88 PAGE SEVEN Mr. Bruckner advised him that the existing development Staff standards need to be upgraded; explaining that to revise the responses entire Zoning Code was a monumental task and that the public hearing process would commence within the next month. Moved by Councilwoman Avila, seconded by Councilman Stemrich Revoke and carried by roll call that Conditional Use Permit Case CUP 269 No. C-269, be revoked, further directing the City Attorney to prepare the necessary resolution. Councilman Naranjo abstaining. Councilman Naranjo returned to the Council table at this Naranjo time. retnd 'Continued item of specifications for median island maintenance was discussed. Moved by Councilwoman Avila, seconded by Councilman Latta Specs appvd and unanimously carried by roll call to approve Proj.760-88 specifications for landscape maintenance of various median median island islands throughout the City, Project No. 760-88; further maint. directing the City Clerk to advertise for bids. Continued item of purchasing used vehicles for use by the Detective Division was discussed. Moved by Councilman Stemrich, seconded by Councilman Latta Frml bids and unanimously carried by roll call to approve purchase of waived to used vehicles for the Detective Division from the Los purch used Angeles Auto Auction, using drug forfeiture funds; further detective to waive formal bidding procedures pursuant to the Municipal vehicles Code. Discussion was held on the proposed ban of selling fireworks within the City. Prior ' to receiving input from the various charitable organizations regarding this item, the City Clerk read in full a communication received from Pyrotechnics, Corporation, requesting that Council continue this item until the first meeting of June, in order that they be able to make a public safety presentation at that time. Mr. Ron Gibson addressed Council and stated that the profits garnered from the sale of fireworks went directly back into his church and the community of the City of Azusa. He said that all the fireworks have a safe and sane label on them and that they do not sell fireworks to anyone under 16 years of age. He requested that Council keep this in mind and vote favorably towards the sale of fireworks in the City. 05/02/88 PAGE EIGHT Proposed ban of fire- works Ltr frm Pyrotechnics read by Cty Clerk Comments R.Gibson Discussion was held by Mayor Moses and Councilman Stemrich Upgrading regarding upgrading existing codes and that time was of the zone code essence; further that the property where the San Gabriel Valley Bank was once located is in need of refurbishment. Mr. Richard Medina addressed the Council stating that Comments enforcement of landscaping and other conditions of R. Medina compliance should be done for all new businesses and developments coming into the City. That they should not be allowed to open their doors until they have complied. At this point, Councilwoman Avila stated that she felt the Comments discussions were getting off tangent and that the Council Cnclwmn should consider the matter at hand, which was the proposed Avila revocation of the conditional use permit. Moved by Mayor Moses, seconded by Councilwoman Avila and Hrg closed carried by roll call to close the hearing. Councilman Naranjo abstaining. Moved by Councilwoman Avila, seconded by Councilman Stemrich Revoke and carried by roll call that Conditional Use Permit Case CUP 269 No. C-269, be revoked, further directing the City Attorney to prepare the necessary resolution. Councilman Naranjo abstaining. Councilman Naranjo returned to the Council table at this Naranjo time. retnd 'Continued item of specifications for median island maintenance was discussed. Moved by Councilwoman Avila, seconded by Councilman Latta Specs appvd and unanimously carried by roll call to approve Proj.760-88 specifications for landscape maintenance of various median median island islands throughout the City, Project No. 760-88; further maint. directing the City Clerk to advertise for bids. Continued item of purchasing used vehicles for use by the Detective Division was discussed. Moved by Councilman Stemrich, seconded by Councilman Latta Frml bids and unanimously carried by roll call to approve purchase of waived to used vehicles for the Detective Division from the Los purch used Angeles Auto Auction, using drug forfeiture funds; further detective to waive formal bidding procedures pursuant to the Municipal vehicles Code. Discussion was held on the proposed ban of selling fireworks within the City. Prior ' to receiving input from the various charitable organizations regarding this item, the City Clerk read in full a communication received from Pyrotechnics, Corporation, requesting that Council continue this item until the first meeting of June, in order that they be able to make a public safety presentation at that time. Mr. Ron Gibson addressed Council and stated that the profits garnered from the sale of fireworks went directly back into his church and the community of the City of Azusa. He said that all the fireworks have a safe and sane label on them and that they do not sell fireworks to anyone under 16 years of age. He requested that Council keep this in mind and vote favorably towards the sale of fireworks in the City. 05/02/88 PAGE EIGHT Proposed ban of fire- works Ltr frm Pyrotechnics read by Cty Clerk Comments R.Gibson Mr. Don Lawrence, Chairman of the Physical Education Department at Azusa Pacific University, addressed Council stating that he was on the Agenda requesting a waiver of the April 1st deadline for applying for a fireworks permit and that he was amazed with the amount of paperwork that was involved, as well as the precautions listed. He felt that all the restrictions were in the best interests of the City and hoped that the Council would continue to allow the sale of fireworks. Mr. Mike Castaneda addressed the Council as a member of the Helping Hand organization. He stated that their organization aided many citizens who had illnesses, hospital bills, etc., and that the monies received from the sale of fireworks, as well as other fund raising events, allowed them to continue with their charitable work, and he wished that the sale of fireworks would continue. Comments D. Lawrence Comments M. Castaneda Mr. Ernest Reyes of the Youth Ministries addressed this item Comments stating that they depend greatly upon the monies received E. Reyes from the sale of fireworks to send their young people to camp and youth conferences. He hoped that the Council would consider this when taking action. Mr. Paul Mendoza, representing the Kiwanis Club of Azusa, Comments addressed this item, and asked that sales be continued, P. Mendoza as the monies raised by fireworks were given to the youth of the community; specifically granting scholarships to both of the high schools in the City. Mr. Luis Lopez, representing the Azusa High Band Boosters, Comments requested that the Council seriously think about the ban of L. Lopez fireworks as the monies were greatly needed for the band and he hoped that they would be allowed to continue. Mr. Art Morales advised that he was in favor of the sale of fireworks, but wanted to remind the Council that the gentleman who spoke at the last Council meeting that brought this item to tonight's Agenda had had problems with fireworks landing on his roof as well as other neighbors, because of their close proximity to the Foothill Shopping Center. He felt that possibly stronger enforcement on the Fourth of July could be initiated. Assistant Fire Chief Jones of Los Angeles County addressed the Council stating that it was the Los Angeles County Fire Department's position that all fireworks should be banned for sale to the public, except those fireworks used at public displays that are managed by pyrotechnic experts. Each and every year there are injuries and loss of property due to fireworks. The problem is that if Azusa bans the sale of fireworks, there is nothing to prohibit the residents from purchasing fireworks in Irwindale. The only way a successful ban can be achieved is if the State Legislature enacts legislation making it illegal throughout the State. Mr. Richard Widman addressed the Council stating that he realized that a lot of organizations needed the monies generated from the sale of fireworks, and that many residents were, also, opposed to them. He suggested that perhaps this item be placed on the ballot for the November election to allow the citizens to decide. Mrs. Mary Grosvenor addressed this item and requested that the Council ban the sale of fireworks in the City and further requested that Council ignore Pyrotechnics' request to continue this item for their presentation in June, as Memorial Day week end was nearing and this happens to be an occasion when fireworks are used, so the decision 05/02/88 PAGE NINE Comments A. Morales Comments Asst. Fire Chief Jones Comments R. Widman Comments M. Grosvenor should not be delayed, but made this evening. She further stated that if the fireworks are safe and sane, then we do not have a problem. Mr. Ronald Legault stated that children should not be deprived of fireworks; that they have enjoyed them in the past and the should be continued. He stated that it was not the fault of the children that fireworks landed on roofs, etc., but the parents who did not supervise their children properly. Mr. Richard Medina stated that he realized that the Council was in a bad position regarding the sale of fireworks, because the revenues the organizations received from the sales were needed by them for charitable works. He also stated that he realized that regulation of the fireworks is no easy task. He felt that the illegal fireworks were the main problem, and that stronger enforcement was needed, by issuing citations instead of just confiscating the illegal fireworks. Mrs. Rose Shoup stated that the Boy Scouts have a fireworks stand and that is the only way they raise funds for their various functions, such as the handicapped scout program at Edgewood Center, purchasing equipment and sending boys to camp. She realizes that the illegal fireworks cause problems, but urged Council to continue the sale of safe and sane fireworks. Comments R. Legault Comments R. Medina Comments R. Shoup Mrs. Susana Ferrel addressed the Council and stated that Comments the main issue here, in her opinion, was that fireworks S. Ferrel symbolize the celebration of the Fourth of July. Children need to know about their Country, and that we are celebrating our independence and freedom. Discussion was held by the Council on proposed legislation Poss legi- to ban the sale of fireworks throughout the State. The City slation to Attorney apprised Council that as of this date, the only ban firewks legislation pending was to change the name of safe and sane in State fireworks to regulated fireworks and to research into rockets and missile type fireworks. That if there had been any bill to ban fireworks it had been defeated at this point. Discussion was held regarding City's liability if a Cty's liabi- resident was injured or if a fire was caused by the sale of lity discsd fireworks. City Attorney advised that the City would not be liable unless there was some involvement with City Staff or something of that nature. Mr. Ron Gibson addressed the Council regarding insurance Comments coverage that is needed in order to operate a fireworks R. Gibson stand which covers the City, the property owner where the stand is located and the organization. Moved by Councilwoman Avila, seconded by Councilman Stemrich Allow sale and unanimously carried by roll call that the sale of safe of firwks and sane fireworks be allowed in the City. in City by Councilman Stemrich, seconded by Councilwoman Avila Staff to and unanimously carried by roll call that Chief of Police meet w/D.A. 'Moved and Assistant Fire Chief meet with the District Attorney for strngr requesting that severer fines and more exacting laws be fines for implemented for the sale of illegal fireworks within the illegal City. fireworks Moved by Mayor Moses, seconded by Councilman Latta and Place issue unanimously carried by roll call that City Attorney and City of firewks Clerk prepare the necessary resolutions to place the on Nov question of selling/using safe and sane fireworks in the ballot City on the November ballot, as an advisory measure only. 05/02/88 PAGE TEN 1 Lengthy discussion was held regarding possible freeze of all property located within the Civic Center Plan area. Community Development Director Bruckner advised the Council that we have a moratorium at this time with regard to multi- family residential development which he felt could take care of part of the problem, however, that one parcel on Dalton had been purchased and a four-plex was to be constructed at that location by Mr. Seidner. Mr. Seidner informally advised staff that he would be willing to discuss the sale of this property. The Mayor stated that he would not like to tie up people's property for a long period of time, however, felt that if the people were going to sell their property they could give the City first choice. City Attorney apprised Council that Mr. Bruckner was correct about the moratorium being in place and that staff could be directed to inquire of the property owners to contact the City in the event they wish to sell their property. Councilwoman Avila questioned the Civic Center Plan with regard to the property on Dalton Avenue, and wondered if a policy had been formalized. Mr. Bruckner advised her that to his knowledge the only plan that existed was one of connecting pavement textures and landscape medians between the Light and Water and Police Departments to the City Hall and also between the Senior Center and the Library to the City Hall. Mrs. Jessie Rivera O'Shea questioned the term "freeze", if it meant that the land value was frozen at the time of the freeze. City Attorney apprised her that the land value would not be frozen, just the building of multi -family units, and that in the event of a sale, it would be at a fair market value. She further asked if the City were to purchase property would they have to relocate the owners. She was advised that the tenants only were subject to relocation. Mr. Paul Lucas addressed the Council on behalf of Mr. Ed Seidner and stated that Mr. Seidner had purchased the property at 714 Dalton and that he was in the process of constructing the four-plex. He said that no one from the City had contacted him about purchasing that parcel and that he would be willing to discuss the matter, but time was of the essence as he was ready to start construction. Mr. Art West addressed the Council and asked when the Civic Center Plan had been made and was advised by Chief of Police Wood that the design was made possibly in 1985, where in the tie in with the various City departments were illustrated, but that the possibility of purchasing property up to Foothill Blvd. was only a concept and that it was the City's intention to purchase the property based on availability and funds. Mr. West further stated that if that were the case then the Planning Commission should have never allowed Mr. Seidner to erect apartments at that location. Discussion re: "freeze" Civic Cntr proprty Comments Comm Dev Dir Council comments & responses by Cty Atty & staff Comments J. R. O'Shea P. Lucas advised Mr. Seidner willing to neg w/Cty re: propty Comments A. West Much discussion between Mr. West, City Attorney and Council Discussion ensued regarding purchasing the Seidner property, the re: purch. rumored high cost of same, possible condemnation and also a Seidner view of the original rendering of the Civic Center design. propty Mr. Art Morales then addressed the Council stating that Mr. Comments Seidner is a businessman and has a right to build, but it A. Morales was up to staff to set a date when the moratorium was to be in effect and it should have been back before Mr. Seidner received his permit. He couldn't understand why no one from 05/02/88 PAGE ELEVEN the City had contacted Mr. Seidner about purchasing the property to this date. He further did not understand why staff did not know of the concept of the Civic Center Plan and allowed this property to be sold. Because, now the property would cost more because we have to purchase it from Mr. Seidner. Mr. Art West, again, addressed the Council asking if any one Comments could receive a building permit without owning the A. West property, if they had a signed statement from the property owner allowing it. Mr. Bruckner advised him that essentially that was correct, if the property owner was willing to sign an application to the Planning Division for development approval, thereby giving his permission for someone else who is interested in buying the property to apply to the Planning Department for approval, could do that. Mr. West asked other questions about forgery and out of state property owners and his questions were answered by the Community Development Director. It was then moved by Councilman Naranjo, seconded by Councilman Latta and unanimously carried by roll call to direct staff to contact the homeowners, with the exception of Mr. Seidner's property, to see if an Owner Participation Agreement could be achieved giving the City the first right to purchase the property at fair market value, and also, direct staff to contact Mr. Seidner to enter into negotiations for the purchase of his property. Homeowners to be con- tacted for OPA w/Cty & neg. to purch propty (Seidner) Moved by Councilman Latta, seconded by Mayor Moses and Cncl Comm unanimously carried by roll call to approve the Council & liaison committee and liaison appointment list as submitted by the appts Mayor, said list being on file in the Office of the City Clerk and, further, to adopt the following resolutions entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8414 APPOINTING A CITY OF AZUSA MEMBER AND ALTERNATE OF THE CITY apptng membr SELECTION COMMITTEE FOR THE SOUTHERN CALIFORNIA RAPID & alt to TRANSIT DISTRICT. (Mayor Moses and Councilman Latta) RTD A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8415 DESIGNATING A DIRECTOR AND AN ALTERNATE OF THE BOARD OF apptng. dir DIRECTORS OF THE LOS ANGELES COUNTY DIVISION OF THE LEAGUE & alt LCC OF CALIFORNIA CITIES. (Councilman Naranjo and Councilman Waive fees for use of Latta) Woman's Club by the A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8416 DESIGNATING AN ALTERNATE MEMBER OF THE DISTRICT GOVERNING appntg alt BOARD OF COUNTY SANITATION DISTRICT NO. 22. (Councilwoman San Dist. Avila) Zacatecas, on May 12, Moved by Mayor Moses, seconded by Councilman Stemrich and Apptg dir unanimously carried by roll call to appoint Councilman & alt to Naranjo as Director and Mayor Moses as Alternate to the Fthll Trans. Foothill Transportation Zone. Zone Moved by Councilman Latta, seconded by Mayor Moses and unanimously carried`by roll call to approve the following requests: Waive fees for use of the Woman's Club by the Boy Scouts of Woman's Clb America, Troop 412, for an art auction on any Saturday fees waived or Sunday in June when the facility is available BSA #412 Waive fees for use of the Woman's Club by the Azusa Sister Woman's Clb City Committee for a potluck dinner honoring guests from fees waived Zacatecas, on May 12, 1988, from 6:00 P.M. to 11:00 P.M. Sister Cty 05/02/88 PAGE TWELVE Waive the fees for carnival to be held June 17, 18, and 19, Carnival 1988, at St. Frances of Rome Church and also allow the use fees waived of 20 booths and stage to be set up by City forces on the St. Frances 13th or 14th of June. The Loyal Order of Moose was permitted use of City's booths Use of Cty's for their Barbecue Picnic to be held at the Lodge on May 15, booths 1988, Moose Lodge Waive the April 1st deadline date for fireworks application Waive firewks by Azusa Pacific University. deadline APU Authorize the use of City bus to transport guests from our Cty bus tran- Sister City, Zacatecas, on May 11th and 15th, 1988. port guests frm Zacatecas SPECIAL CALL ITEMS Spec Call Mr. Murray Hirota addressed the item dealing with Comments specifications for handicapped ramps and requested M. Hirota information as to the size of the lip on the ramps. His size of lips concern was that some ramps are so high that handicapped on handi- persons have trouble getting up with their wheel chairs. capped ramps City Engineer Spindel assurred Mr. Hirota that rigid specifications were called for and that the size of the lip N. Coulas for these ramps is 3/8 of an inch, any less, would collect display of dirt and cause the same problem. promo items Moved by Councilman Latta, seconded by Councilman Naranjo, Specs appvd and unanimously carried by roll call to approve the Proj. 767-88 specifications for Project No. 767-88, installation of handicapped handicapped ramps and removal and replacement of hazardous ramps & side - sidewalks at various locations in the City, and direct the walks City Clerk to advertise for bids. All work involved will be done in the general area south of Foothill Blvd., north of ' First Street, east of Azusa Ave., and west of Cerritos Ave. This project is funded as a part of our S.B. 821 grant program (Transportation Development Act). PUBLIC PARTICIPATION Pub.Prtc. Ms. Susana Ferrel of Service Employees International Union Support of was not in attendance to address Council regarding adoption homecare wrkr of a resolution in support of homecare workers, therefore, cont. to 5/16 it was moved by Councilman Latta, seconded by Mayor Moses mtg and unanimously carried by roll call to continue this item to the meeting of May 16, 1988. Mr. Nick Coulas addressed Council and displayed his pewter N. Coulas paper weights and other promotional items requesting Council display of support. It was consensus of the Council to refer this promo items matter to staff. OTHER BUSINESS/CITY COUNCIL Oth Bus/Cncl Moved by Mayor Moses, seconded by Councilman Latta and Concept of unanimously carried by roll call that the concept of a City Steering Steering Committee be approved, taking into consideration Comm appvd appointments of citizens throughout the community as well as a staff member to coordinate the committee, whose function would be to study growth, redevelopment and a general over- view of the City for input to Council. Moved by Mayor Moses, seconded by Councilman Stemrich and Tours of apt unanimously carried by roll call that staff and members of complexes the Council perform inspection tours of various apartment complexes in the City; first visiting those that are allegedly experiencing problems. 05/02/88 PAGE THIRTEEN Discussion was held regarding proposed appeal of Precise Precise Plan Plan of Design No. P-88-7, which is an expansion of an P-88-7 existing commercial building on the property located at 248 discussion W.Foothill Blvd., Mohsen Dastgerdi. Community Development Director Bruckner advised the Council Comments that the plan meets all minimum requirements as presently Comm Dev Dir set forth in the Zoning Code. The applicant proposes to fr catering expand the building to a total of 2472 square feet of trucks which 500 square feet would be used for a market and the restaurant area would have 600 square feet of assembly. The parking spaces are based on the square footage of the assembly area. It is a very small development. He further Push carts stated that the building would be architecturally enhances discussion with a Spanish motif. Comments Mr. Art Morales addressed this item and requested Council to Comments hold off and not take any action on this, as the parking A. Morales spaces, he felt, were not adequate. He further said that action should be deferred until the new Zoning Code is in place. Councilman Stemrich wondered if the applicant could possibly Council purchase the house next to this development and enlarge his comments business, stating that the house was in deplorable condition and should be refurbished. It was then Moved by Mayor Moses, seconded by Councilman Cncl to Latta and unanimously carried by roll call to appeal action appeal Ping taken by the Planning Commission in approving Precise Plan action on of Design No. P-88-7, and direct the City Clerk to set the P-88-7 necessary Public Hearing. Moved by Councilman Naranjo, seconded by Councilman Latta Work w/Mini- and unanimously carried by roll call that staff be directed sterial Assn to work with the Ministerial Association to provide adequate re: Azusa housing for the homeless in Azusa. homeless Councilman Naranjo withdrew his item from the Agenda Naranjo item dealing with Boards and Commissions. withdrawn Discussion was held regarding problems residents are Alley pkng experiencing with people parking vehicles in the alleys probs blocking access to their driveways, no room for public safety vehicles to enter in case of emergencies and heavy congestion. Specific areas were discussed, but the whole City, in general, was confronted with these problems. It was then moved by Councilman Latta, seconded by Mayor Staff to rpt Moses and unanimously carried by roll call that Chief of on methods to Police and Director of Community Development study the correct probs problems for possible reconciliation. Moved by Councilman Latta, seconded by Mayor Moses and Poss ord re: unanimously carried by roll call that staff secure a copy of time limits the City of E1 Monte's Ordinance limiting catering trucks to fr catering 30 minutes at any one area in the City during an 8 hour trucks period, to possibly incorporate an Ordinance for the City of Azusa, thus curtailing these trucks from parking behind businesses for several hours at a time. Discussion was held regarding push carts selling ice cream Push carts throughout the City, and the need for stronger regulations. discussion Mr. Murray Hirota addressed this item stating that, also, Comments ice cream trucks have loud chimes and they play this music M. Hirota for long periods of time and felt stronger restrictions should be placed on them, especially, in the late evening hours. 05/02/88 PAGE FOURTEEN Mr. Richard Widman addressed this item as a member of the Comments St. Frances of Rome Parish Council, stating the problems R. Widman these vendors cause during Sunday Mass and that they are not Golden Days allowed on parish grounds, however, they are very Tabloid in belligerent and will not leave the church grounds. Herald Mr. Ronald Legault addressed this item stating that these Comments type of vendors should be banned from the City. They should R. Legault have health permits. He stated that many are selling late at night and they should be banned. City Attorney apprised Council that there were restrictions Advice frm that could be imposed for these type of vendors, and that Cty Atty the School District could impose restrictions on them from Comm to con - entering school property; they, also, could be fingerprinted sider using and photographed. However, as far as a general ban in the Tribune City, he did not know if that was permissable, but would et al. investigate that if so directed by Council. number of distributors in the City. Moved by Councilman Latta, seconded by Mayor Moses and Rpt on re - unanimously carried by roll call that staff be directed to strictions investigate stricter restrictions for ice cream vendors, & poss ban with the possibility of banning push carts in the City. of pushcarts Discussion was held regarding placement of legal ads in the Dicussion Azusa Herald and if it would be possible to place those ads legal ads in in the San Gabriel Valley Tribune, as Councilman Stemrich Az Herald felt that the Azusa Herald causes political controversy in the City. City Attorney apprised him that pursuant to Government Code Section 60000, that legal ads are to be placed in a newspaper of general circulation adjudicated in the City, and the the Azusa Herald had that standing, but he was not positive if the Tribune held that status. The City Clerk then advised the cost differential between the two papers: Azusa Herald - $3.96 per column inch; San Gabriel Mr. Art Morales addressed this item stating that the Azusa Valley Tribune - $6.78 per column inch. Further discussion was then held regarding the Golden Days Golden Days Tabloid that was now being printed by the Azusa Herald, and Tabloid in the possibility of the Tribune handling it. Herald Director of Community Services Guarrera advised the Council Comments that the tabloid was printed at no cost to the City. The Dir Comm Svcs Herald did solicit ads, and the City Council has placed an ad in the tabloid; further that a percentage of the monies received is returned to the Golden Days Committee. was then moved by Councilman Stemrich, seconded by It was consensus of Council that staff liaison, Chief Wood, Golden Days contact the Golden Days Committee and advise them of the Comm to con - Council's feeling with regard to the Azusa Herald and sider using possibly have them use the services of the Tribune for the Tribune Golden Days Tabloid. et al. Moved by Councilman Stemrich, seconded by Councilman Latta Adjourn and unanimously carried to adjourn. 05/02/88 PAGE FIFTEEN Mr. Art Morales addressed this item stating that the Azusa Comments Herald is not consistent with their delivery of the paper A. Morales and that a large portion of the papers are left lying in the street.' He further stated that the merchants who advertise in the Herald probably do not realize that only 1/3 of the population receives the paper. 'It was then moved by Councilman Stemrich, seconded by Rpt on Az Councilman Naranjo and unanimously carried by roll call that Herald staff contact the Azusa Herald and ascertain number of distribution papers printed, what their distribution consists of and et al. number of distributors in the City. Moved by Councilman Stemrich, seconded by Councilman Latta Adjourn and unanimously carried to adjourn. 05/02/88 PAGE FIFTEEN r TIME OP ADSOURNMENT: 12:15 P.M. { CITY OUP9K NEXT RESOLUTION NO. 8417 NEXT ORDINANCE NO. 2370 05/02/88 PAGE SIXTEEN