HomeMy WebLinkAboutMinutes - May 2, 1988 - CC (2)CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
I
MAY 2, 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
Saint Frances of Rome Church.
ROLL CALL
David Granadino of the
PRESENT: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA,
MOSES
ABSENT COUNCILMEMBERS: NONE
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
Invocation
Roll Call
Also Present
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 RESOLUTIONQ� APPLICATION BY THE CITY OF AZUSA, LOS Res. #8407
ANGELES COUNTY' 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.
05/02/88 PAGE TWO
t
(Donna Beth and Azusa Avenue vicinity.)
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
'
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
Municipal Code, formal bidding procedures were waived
and authorization given to award the transformers to
the highest bidder with the most qualified industrial
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 EFFECTIVE
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 parking J& at 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
t
10. An agreement between the City and County was approved
and its execution authorized, for the examination of
Tract and Parcel Maps. This agreement will be for a
one year period with automatic renewals, unless
cancelled by either party. Normally, all examinations
and certifications are performed by the City
Engineer, and the County service is hardly ever
utilized. This agreement primarily serves as a standby
service, if required. All fees are paid by the
subdivider. There is no cost to the City.
' 11. The resignation of Police Clerk II, Lupe Badoni,
effective April 25, 1988, was accepted.
12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
ESTABLISHING MAY 15-21, 1988, AS POLICE WEEK AND
RECOGNIZING MAY 15, 1988, AS PEACE OFFICERS' MEMORIAL
DAY.
13. Formal bidding procedures were waived pursuant to the
Municipal Code and authorization given to purchase
15,000 feet of #2AWG underground distribution cable
from Pirelli Cable Corporation, at a cost of
$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.
15. Two separate resolutions authorizing payment of
warrants by the City were adopted and entitled:
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
7:40 P.M.
THE CITY COUNCIL RECONVENED AT 8:09 P.M.
THE CITY COUNCIL DID NOT
DEVELOPMENT AUTHORITY AS NO
TRANSACTED.
ORDINANCES/SPECIAL RESOLUTIONS
CONVENE AS THE INDUSTRIAL
BUSINESS WAS NECESSARY TO BE
The City Attorney apprised Council that newly elected
Councilmembers Stemrich and Naranjo should abstain on the
adoption of resolution dealing with Mr. & Mrs. Krieger's
appeal, unless they reviewed the proceedings of the Public
earing which was held on the 18th day of April, 1988.
councilwoman Avila then offered the resolution entitled:
Agmt w/LA
Cnty for
tract maps
Resign.
L. Badoni
Res. #8410
Police Wk &
P.O. Men '1
Day
Frml bids
waived to
purch cable
wire
Special Call
Res. #s 8411
& 8412
Warrants
Adj to CRA
Reconvened
No bus IDA
Ord./Spec.Res
Stemrich &
Naranjo to
abstain re:
CUP, V and
Prec Plan
(Krieger)
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 Schad. 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
and stated that this has been a long process which
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 periods 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 CitypCouncil certification of the
Final EIR and denial of the zone change and General Plan
Amendment. In addition, the Oommission denied Conditional
Use Permit which was not appealsd by the applicant, and con-
sequently, not at issue in this hearing.
Testimony
Comm Dev Dir
' The City Attorney interjected at this time, that Council Advice fret
would be acting on this particular issue only, and that the Cty Atty
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 Testimony
addressed the Council representing the owner Mr. Restivo. G.Werner
He stated that they had been through a number of biased and for app
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
C
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
Mr. Art Morales addressed the Council and stated that some present
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 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,
Discussion was held by Mayor Moses and Councilman Stemrich
Upgrading
and unanimously
regarding upgrading existing codes and that time was of the
zone code
Proj.760-88
essence; further that the property where the San Gabriel
landscape
maintenance of various median
Valley Bank was once located is in need of refurbishment.
islands throughout
the City,
Mr. Richard Medina addressed the Council stating that
Comments
directing the City
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
and unanimously carried by roll call to approve purchase of
used vehicles for the Detective Division from the Los
Angeles Auto Auction, using drug forfeiture funds; further
to waive formal bidding procedures pursuant to the Municipal
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
Frml bids
waived to
purch used
detective
vehicles
Proposed
ban of fire-
works
Ltr frm
Pyrotechnics
read by
Cty Clerk
Comments
R.Gibson
1
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
nl
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
11
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.
Discussion
re: "freeze"
Civic Cntr
proprty
Comments
Comm Dev Dir
Council
comments &
responses
by Cty Atty
& staff
Comments
J. R. O'Shea
Mr. Paul Lucas addressed the
Council on behalf of Mr.
Ed
P. Lucas
Seidner and stated that Mr.
Seidner had purchased
the
advised Mr.
property at 714 Dalton and that he was in the process
of
Seidner
constructing the four-plex.
He said that no one from
the
willing to
City had contacted him about purchasing that parcel and
that
neg w/Cty
he would be willing to discuss
the matter, but time was
of
re: propty
the essence as he was ready to
start construction.
Mr. Art West addressed the Council and asked when the Civic Comments
Center Plan had been made and was advised by Chief of Police A. West
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.
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 Homeowners
Councilman Latta and unanimously carried by roll call to to be con -
direct staff to contact the homeowners, with the exception tacted for
of Mr. Seidner's property, to see if an Owner Participation OPA w/Cty
Agreement could be achieved giving the City the first right & neg. to
to purchase the property at fair market value, and also, purch propty
direct staff to contact Mr. Seidner to enter into (Seidner)
negotiations for the purchase of his property.
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
fees waived
Latta)
1988,
from 6:00 P.M. to 11:00 P.M.
Sister Cty
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)
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.
Proj. 767-88
specifications for Project No. 767-88, installation of
handicapped
The Loyal
Order
of
Moose was permitted use of City's
booths
Use of Cty's
for their
Barbecue
'
First Street, east of Azusa Ave., and west of Cerritos Ave.
Picnic to be held at the Lodge on
May
15,
booths
1988.
Moose Lodge
Waive the April let 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
promo items
specifications were called for and that the size of the lip
for these ramps is 3/8 of an inch, any less, would collect
0th Bus/Cncl
dirt and cause the same problem.
Concept of
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
0th 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
expand the building to a total of 2472 square feet of
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
stated that the building would be architecturally enhances
with a Spanish motif.
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
1
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
allowed on parish grounds, however, they are very
belligerent and will not leave the church grounds.
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
entering school property; they, also, could be fingerprinted
and photographed. However, as far as a general ban in the
City, he did not know if that was permissable, but would
investigate that if so directed by Council.
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, & pass ban
with the possibility of banning push carts in the City. of pushcarts
Discussion was held regarding placement of legal ads in the
Azusa Herald and if it would be possible to place those ads
in the San Gabriel Valley Tribune, as Councilman Stemrich
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
Valley Tribune - $6.78 per column inch.
Dicussion
legal ads in
Az Herald
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.
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.
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
TIME OF ADJOURNMENT: 12:15 P.M.
r1,111111ri-il ////-, Jv-
CITY R
NEXT RESOLUTION NO. 8417
NEXT ORDINANCE NO. 2370
05/02/88 PAGE SIXTEEN