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HomeMy WebLinkAboutMinutes - May 16, 1988 - CC (2)CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MAY 161 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 Pastor Robert C. Lewis of the Invocation Emmanuel Southern Baptist Church. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: AVILA, STEMRICH, LATTA, MOSES ABSENT : COUNCILMEMBERS: NARANJO At this time the Mayor announced that Councilman Naranjo would be one half hour late to the Council meeting. Moved by Mayor Moses, seconded by Councilwoman Avila and unanimously carried by roll call that Councilman Naranjo be excused as tardy. ALSO PRESENT Also Present City Attorney Thorson, City Administrator Fuentes, Assistant City Administrator/Chief of Police Wood, Director of Finance Craig, Director of Community Development Bruckner, City Engineer Spindel, Director of Community Services Guarrera, Assistant Director of Public Works DeLoach, City Librarian Alaniz, Redevelopment Manager Steel, Project Analyst Katchen-Gall, Personnel Officer Francone, Code Enforcement Officer Rudisel, City Treasurer Talley, City Clerk Solis, Administrative Clerk Toscano. Ceremonial Councilwoman Avila presented Proclamation to Mrs. Charlotte Presentation Syverstad and Bob Metcalf of the Senior Center honoring Proc. Senior Senior Citizen Week. Citizen Wk. The CONSENT CALENDAR consisting of Items 1 through 12 was Cons Cal approved by motion of Councilwoman Avila, seconded by appvd Item Councilman Stemrich, and unanimously carried by roll call F-5, F-6 & vote, with the exception of items F-5, F-6 and F-8 which F- 8, Spec were considered under the SPECIAL CALL portion of the Call Agenda. 1. Minutes of the Special Meeting of April 30, 1988, and Min appvd the Regular Meeting of May 2, 1988, were approved as ' written. 2. Bid opening was held in the City Clerk's Office on May Bid open. 9th for Project No. 87-742, cracksealing of San Gabriel Cracksealing Ave. Three bids were received from: Rubberized San Gabriel Crackfill Sealant, Inc., Copp Contracting, Inc. and Rubberized Daycor, Inc. The Contract was awarded to Rubberized Crackfill Crackfill Sealant, Inc., low bidder, in the amount of Sealant, Inc $7000.00. The Mayor was authorized to execute the Contract and the City Clerk was directed to return unsuccessful bidders' guarantees. 3. Bid opening was held in the City Clerk's Office on May 9th for Project No. 761-88, three year contract for janitorial services for various City buildings. The contract was awarded to D.H. Maintenance, sole bidder, at a cost of $33,480. annually and its execution was authorized. 4. Employee step increase recommendation for B.Polden was approved to Step 4, effective May 13, 1988. Bid open. Janitorial Services/ D.H. Main- tenance Step inc./ Perm status Special Call Special Call 7. Notice of appointment of Michael Douglass to the Appt M. position of Emergency Services Coordinator, effective Douglass May 17, 1988, was approved. Emer. Svs. 8. SPECIAL CALL ITEM. Special Call 9. One of the duties of the Personnel Board is to consider Res. #8417 and recommend to the City Council a set of rules and Revised Civ. regulations to supplement the City's Civil Service Svs. Rules System. & Regs. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING REVISED CIVIL SERVICE RULES. 10. The City Treasurer's Financial Statement, showing a City Treas. balance of $110936,337.56, as of April 30, 1988, was Fin.Stment received and filed. 11. Request of Debbie Woodson for additional leave without Leave w/o pay, for medical reasons, covering the period May 2nd pay D. through July 22nd, 1988, was approved. Woodson 12. Two separate resolutions authorizing payment of Res. #s 8418 warrants by the City were adopted and entitled: & 8419 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 7:42 P.M. AGENCY AT COUNCILMAN NARANJO ENTERED THE COUNCIL MEETING AT 8:00 P.M. THE CITY COUNCIL RECONVENED AT 8:20 P.M. Adj to CRA 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 Councilwoman Avila offered a Resolution entitled: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8420 REVOKING CONDITIONAL USE PERMIT NO. C-269. Revoking CUP C-269, Moved by Councilwoman Avila, seconded by Councilman Latta to D. Kovaler waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, STEMRICH, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NARANJO 05/16/88 PAGE TWO SPECIAL CALL ITEM. '5. 6. SPECIAL CALL ITEM. Bid open. Janitorial Services/ D.H. Main- tenance Step inc./ Perm status Special Call Special Call 7. Notice of appointment of Michael Douglass to the Appt M. position of Emergency Services Coordinator, effective Douglass May 17, 1988, was approved. Emer. Svs. 8. SPECIAL CALL ITEM. Special Call 9. One of the duties of the Personnel Board is to consider Res. #8417 and recommend to the City Council a set of rules and Revised Civ. regulations to supplement the City's Civil Service Svs. Rules System. & Regs. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING REVISED CIVIL SERVICE RULES. 10. The City Treasurer's Financial Statement, showing a City Treas. balance of $110936,337.56, as of April 30, 1988, was Fin.Stment received and filed. 11. Request of Debbie Woodson for additional leave without Leave w/o pay, for medical reasons, covering the period May 2nd pay D. through July 22nd, 1988, was approved. Woodson 12. Two separate resolutions authorizing payment of Res. #s 8418 warrants by the City were adopted and entitled: & 8419 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 7:42 P.M. AGENCY AT COUNCILMAN NARANJO ENTERED THE COUNCIL MEETING AT 8:00 P.M. THE CITY COUNCIL RECONVENED AT 8:20 P.M. Adj to CRA 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 Councilwoman Avila offered a Resolution entitled: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8420 REVOKING CONDITIONAL USE PERMIT NO. C-269. Revoking CUP C-269, Moved by Councilwoman Avila, seconded by Councilman Latta to D. Kovaler waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, STEMRICH, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NARANJO 05/16/88 PAGE TWO SCHEDULED ITEMS CONTINUED PUBLIC HEARING - on application of Robert G. Restivo requesting a zone change to rezone from W to M2, Z- 261; a change from the General Plan designation of C to HI, GPA 87-4; and proposed Environmental Impact Review Report No. 87-1, to operate a rock quarry on the property located at 1850 Fish Canyon Road. The Mayor declared the Hearing re -opened. 'Community Development Director Bruckner addressed this item and stated that it was continued from the last meeting to allow the Council more time to review and evaluate the information that they receive in their Council packets. Mr. Gary Werner of Community Development Consulting Services addressed the Council representing the owner Mr. Restivo. He stated that the owner is willing to abide by the recommended measures in the draft Environmental Impact Report if, in fact, the City Council finds the EIR to be adequate insofar as it has the information to make their decision. He also stated that it would identify significant environmental impacts and also identify mitigating measures. Mr. Restivo is willing to implement his program by means of complying with those mitigating measures. He will be willing to limit his grading permits to a three year maximum and abide by all of the other conditions that can be reasonably inferred to the draft EIR. Sched. Items Pub.Hrg. Z-261, GPA 87-41 EIR No 87-1. Restivo Hrg re -open Testimony Comm Dev Dir Testimony of G.Werner for app Linda Smith of the Save the Foothills Committee, addressed Comments the Council stating that the rock quarry will not allow L. Smith safety and pleasant living conditions and urged the Council not to change the zone from Water Conservation to Industrial. Patricia Cooper addressed the Council stating that the citizens of Azusa do not want the foothills, altered or destroyed, further that the citizens of Azusa want the City to remain "Azusa, the Canyon City" not "Azusa, Gravel Gulch". She further stated that they (the citizens) were there for the Council at the polls, now they (the Council) should be there for the citizens at the pits. Ms. Marlene Fox, attorney, representing the City of Duarte addressed the Council stating that she has participated in the Planning Commission hearings and has submitted several documents on behalf of the City of Duarte opposing this rock quarry. Her main concerns were with the certification of the environmental impact report because under State Law as it has been changed in the last few years, if an inadequate EIR is certified, that creates a presumption that the EIR is adequate and in the event you certify the EIR as adequate and complete in compliance with the California Environmental Act and then the applications that are pending are denied, there is the risk that this applicant, or a successor in interest, could come before the City at a later time relying on that defective, flawed, inadequate EIR and they can argue that unless the proposed project is substantially changed, or unless the environmental conditions in the immediate vicinity are substantially changed, they have the right to continue to rely on that EIR for a similar subsequent project. With that, she urged that the Council not certify this EIR. Her other concerns regarding this EIR, were with the problems relating to the treatment of air emissions, health and safety, fugitive dust, hydrology, geology and traffic. Ms. Fox further stated that the proposed rock quarry was inconsistant with the Azusa General Plan as the area in question was designated as W (Water Conservation) and C (Conservation). 05/16/88 PAGE THREE Comments P. Cooper Testimony M.Fox, atty for Cty of Duarte Alma Herzog addressed the Council and invited them to visit Comments her home to see the damage and dust that has been created by A. Herzog the Transit rock crusher. Otis Gordon of Duarte addressed the Council stating that the Comments Council is their last line of defense, and that Council's 0. Gordon obligation is to protect in environment. He also complained of dust problems in the area. Gale Avakian addressed the Council stating that there were Comments already many dangers of water pollution and that this G. Avakian proposed rock quarry is bound to destroy the health of the public. Mr. John Hill, Mayor of the City of Duarte, addressed the Testimony Council stating that the two neighboring cities had worked J. Hill together in defeating the trash burners issues, because both Mayor of cities knew that those projects were a threat to the Duarte environment and the quality of life of the citizens of both cities. He stated that this proposed project represents twice as much a threat to the citizens of both cities and that many respected doctors and scientists have submitted information that documents the atmospheric hazards that this would create. He then requested that Council confirm the recommendation of staff and the action of the Planning Commission in defeating this dangerous and hazardous project. Dr. Don Shields of Duarte addressed Council concerning the Comments various noise and health problems that will be caused by Dr. D. this proposed rock quarry. He distributed copies of an Shields article regarding pulmonary hemorrhage (EIPH) to the Council, and read various sections of article noting the dangers and health problems caused in horses by dust emissions. George Hills of Monrovia addressed the Council with his concerns regarding the proposed rock quarry in regards to hiking trails in the San Gabriel Valley. He read an article that described the differences between Fish Canyon and Fish Canyon Falls. The article stated that stone quarrying has messed up Fish Canyon, while Fish Canyon Falls was highly praised for its beauty and natural state. He urged the Council to oppose this rock quarry. James McVague, Director of Water Quality for the California American Water Company, addressed the Council stating the California American Water Company would like to go on record as being opposed to the proposed zone change from conservation to heavy industry. He was concerned with the heavy trucks and earth movers that would be used in the operation of this rock quarry and with the use of degreasers and solvents, machinery maintenance which have already contaminated many sections of the San Gabriel Valley. He quoted a portion of the State Drinking Water Code regarding the responsibility to help protect water sources under our control. Ash Linley of Covina, Chairman of the Conservation Club of the San Gabriel Valley, addressed the Council stating his concerns regarding the proposed rock quarry, reciting threats, such as excessive noise, dense dust clouds, truck traffic, rock crusher noise and even earthquake possibilities. He also voiced his concerns regarding wildlife and endangered species. He urged the Council to adopt staff's recommendation in denying the proposed Zone Change and General Plan Amendment. Comments G. Hills Comments J. Mc Vague Comments A. Linley Mr. Gary Solem addressed the Council stating his opposition Comments to the proposed rock quarry calling the project "strip G. Solem mining", and that they are destroying the soil which can never be restored. 05/16/88 PAGE FOUR Louie Narfaras addressed the Council regarding the proposed Comments rock quarry, voicing his opinion and asking the question L. Narfaras "whether the City Council, because of rock quarry fees, would like to be known for monetary greed or a City Council with heart and sincerity for a good environment. Lucy Shelton addressed the Council urging to stop all destruction of the beautiful mountains of Azusa. She stated that those who were concerned with this proposed rock quarry were not all from Duarte, she had over one hundred signatures of residents of Azusa who were opposed to this project. She urged that the Council concur with the Planning Commission decision and staff report and deny the Zone Change and General Plan Amendment. Moved by Councilman Latta, seconded by Councilman Stemrich and unanimously carried by roll call to close the hearing. Moved by Councilman Latta, seconded by Councilwoman Avila and unanimously carried by roll call that Zone Change Case No. Z-261, allowing a zone change from W to M2 and General Plan Amendment No. 87-4, allowing a change in the Azusa General Plan from "C" (Conservation) to "HI" (Heavy Industry), at 1850 Fish Canyon Road be denied as recommended by Planning Commission Resolution numbers 2544 and 2545, and further directed the City Attorney to prepare the necessary documents. Comments L. Shelton Hrg.Closed Deny Z-261, GPA 87-4 In view of the fact that the Zone Change and General Plan No action EIR Amendment were denied, the City Attorney apprised Council that no action was deemed necessary on the Environmental Impact Report. PUBLIC BEARING - on appeal of the Redevelopment Agency, on Pub.Hrg. the application of Margaret Legg requesting a precise plan Appl P-88-35 of design to construct a 45,000 square foot industrial by CRA complex on the property located at 203 North Aspan Avenue, P-88-35. The Mayor declared the Hearing open. The City Clerk read Hrg open the affidavit of proof of publication of notice of said hearing, published in the Azusa Herald on May 4, 1988. Redevelopment Manager Robb Steel addressed this item and Testimony stated that the Redevelopment Agency appealed Precise Plan Redevel.Mgr. of Design Number P-88-35, because of problems regarding circulation issues, safety and landscaping. After the Redevelopment Agency appealed this project, staff met with the applicant and resolved most of the Agency's major concerns. He compared the original site plan and the revised site plan to show modifications that have been made by the applicant. The applicant, Margaret Legg, testified that her main Comments concern was to get the plan approved. M. Legg Moved by Councilman Latta, seconded by Councilman Naranjo Hrg closed and unanimously carried by roll call to close the hearing. Moved by Councilman Stemrich, seconded by Councilman Latta P-88-35 and unanimously carried by roll call to approve the Precise Appvd. Plan of Design P-88-35, as revised, and direct the City Attorney to prepare the necessary documents, further to direct Agency staff to prepare a Conforming Owner Agreement to permit a reduction in the building setback requirement of the M-1 zone. PUBLIC HEARING - on the proposed extension of urgency Pub. Hrg. ordinance prohibiting the issuance of land use entitlements for all multi -family residential uses within the City. 05/16/88 PAGE FIVE The Mayor declared the Hearing open. The City Clerk read Hrg. opened affidavit of proof of publication of notice of said hearing, published in the Azusa Herald on May 4, 1988. Community Development Director Bruckner addressed this item Testimony stating that proposed extension of urgency ordinance Comm Dev Dir prohibiting the issuance of land use entitlements for all multi -family residential uses within the City for an additional ten months and fifteen days, so that staff could have time to study zoning patterns in the City. ' Moved by Councilman Latta, seconded by Councilman Naranjo Hrg closed and unanimously carried by roll call to close the hearing. Councilman Stemrich offered an Urgency Ordinance entitled: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Urg. Ord. AZUSA EXTENDING A MORATORIUM PROHIBITING THE ISSUANCE OF #2371 LAND USE ENTITLEMENTS FOR ALL MULTI -FAMILY RESIDENTIAL USES Moratorium WITHIN THE CITY OF AZUSA Multi -family residential Moved by Councilman Stemrich, seconded by Councilman uses Latta to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE PUBLIC NUISANCE APPEAL - of Mr. Juan F. Gutierrez for PubNuis Appl property located at 134 N. Azusa Ave. J. Gutierrez City Clerk Solis administered an Oath to Code Enforcement Oath to Code 'Officer Rudisel prior to receiving his testimony. He Enfcmnt Off distributed photographs of the property to the Council for for testimony their consideration. He stated that the property is in the process of being sold at this time and that in determing non -conforming properties, the courts mandate several things; one, that the City balance public gain and private loss as well as provide a period of time for the structure to exist in order for the owner to regain his investment. Mr. Gutierrez purchased the property several years ago for approximately $20,000 and is now selling the property for approximately $80,000. The appraiser is not going to consider the structures in the appraisal. The prospestive buyer is speculating in this area and wishes to continue renting substandard housing to safeguard a speculative investment. He further testified that the appellant stated in his appeal that he could get more for the property if left to next owner to handle property problems. Since the property has been declared a public nuisance, he recommended that the appeal be denied and the Order to Abate, issued by hearing officer, be upheld. City Clerk Solis administered an Oath to Mr. Art Morales, Oath to A. representing Mr. Juan Gutierrez, prior to receiving his Morales testimony. Mr. Morales requested a thirty day extension of rep. J. this Public Nuisance Appeal in order to confer with staff Gutierrez 'and with the real estate people involved, to work something for testimony out regarding this matter. Moved by Mayor Moses, seconded by Councilman Stemrich, and Hrg continued unanimously carried by roll call to continue this Public 30 days Nuisance Appeal Hearing for thirty days. PUBLIC NUISANCE APPEAL - of Kenneth and Joyce Prestesater PubNuis Appl for property located at 780 N. Todd Avenue. K. & J. Councilwoman Avila abstained from this item due to possible Prestesater conflict of interest. Avila abstnd 05/16/88 PAGE SIX City Clerk Solis administered an oath to Code Enforcement officer Rudisel prior to receiving his testimony. Mr. Rudisel stated that Mr. Prestesater is requesting an additional ninety days from an order issued by the Hearing Officer to comply with property improvements required under an approved Precise Plan, which Mr. Prestesater has been aware of for one year. He recommends approval of the additional ninety days and that the Council authorize the City Attorney to prosecute if the owner fails to complete. The appellant, Mr. Prestesater addressed the Council stating that he has as much regard for the City of Azusa as for the City of Glendora, despite statement contained in the staff report. He stated that he had problems evicting the tenant on the property. Since then he has made improvements to the property and has improved the landscaping. he is requesting an extension to make additional improvements to the property. Oath to Code Enfcmnt Off for testimony Testimony appellant K.Prestesater Mayor Moses asked staff for an explanation regarding the Questions of exterior building improvements, if made by property owner, Mayor Moses could it be torn down in the near future or is there a guarantee that it wont be? Mr. Rudisel responded that Todd Avenue comes under the Response by design review, and that any rehabilation to the building Code Enf Off is subject to approval of the Redevelopment Agency and that there is no intent to acquire that property, cause its demolition or relocate its tenants. City Administrator stated that there is no guarantee since the area is subject to redevelopment, however if Mr. Prestesater makes improvements to the property and pays for this improvement that would be taken into consideration when an appraisal is made; that he would be compensated for any improvements that are made. City Attorney advised that in the event the Agency acquired the property at some later date it is required to pay fair market value which would take in account any improvements to the property, including any facade improvements. Response by Cty Admin. Advice frm Cty Atty Moved by Mayor Moses, seconded by Councilman Latta, and Appl granted carried by roll call that the appeal for an additional 90 days ninety days be granted to comply with Precise Plan extension requirements and that the Public Nuisance Declaration and order to Abate be extended an additional ninety days and that authorization be given to City Attorney to prosecute if the owner fails to comply. Councilwoman Avila abstained. Councilwoman Avila returned to the Council table. CONTINUED ITEM- Request of Susana Ferrel of Service Employees International Union for Council to adopt a resolution in support of homecare workers. Moved by Councilwoman Avila, seconded by Councilman Latta and unanimously carried by roll call that this item be referred to staff for further information. Moved by Councilman Stemrich, seconded by Councilman Latta and unanimously carried by roll call that Councilman Naranjo be appointed to the American Public Power Association. 05/16/88 PAGE SEVEN Request to adopt reso EIU, ref to staff Appt T. Naranjo to APPA The Community Development Department has completed plans Plans & Specs and specifications for the re -modeling of the City Hall City Hall Park, Project No. 769-88. The project consists of the Park, Prj. renovation of the existing park landscaped area, parking lot No. 769-88 layout, restroom facilities, storm drain modification, traffic control, street improvements, median island improvements, sprinkler layout, acquisition of railway right-of-way area and modification to the Durrell House and Barnes House. After review of plans by the Parks and Recreation Commission, the design was approved excluding structures. 'restroom After lengthy discussion regarding the options for the Plan & Specs proposed restroom structure, it was moved by Councilman Appvd/exclud Latta, seconded by Councilman Stemrich and unanimously restroom carried by roll call to remove the restroom structure from structure the scope of this project until such time as it can be redesigned, and treated as a separate bid item, to continue with the contruction plans as submitted, and authorize the City Clerk to advertise for bids. Further, that Assistant Director of Public Works De Loach, make arrangements for Councilmember Stemrich to visit a facility where a prefabricated modular type restroom is constructed. Moved by Mayor Moses, seconded by Councilman Latta and Waive fees unanimously carried by roll call that fees be waived for use Woman's Club of the Woman's Club by The Helping Hand for a fund raising Helping Hand benefit on June 25, 1988. SPECIAL CALL ITEMS Moved by Mayor Moses, seconded by Councilwoman Avila and unanimously carried by roll call that the resignations of Manuel Alva and Earl Carmichael, for purposes of retirement, 'be accepted and that resolutions be prepared for both. Moved by Councilwoman Avila, seconded by Councilman Stemrich and unanimously carried by roll call that staff look into the possibility of having a separate function honoring retirees. Councilman Stemrich addressed item regarding Notice of Completion for fencing at Gladstone Park, stating that he would like a thorough inspection of the project, because of problems with the concrete work done there. He wants to make sure the fence is in proper order before final payment is made. Assistant Director of Public Works De Loach responded stating that he has a small list of items that needed to be corrected and has retained lot of the retention fee which will be held until such time as they have been corrected. Moved by Councilman Stemrich, seconded by Councilwoman Avila and unanimously carried by roll call that Notice of Completion for Project No. 747-87, fencing at Gladstone Park, be approved and the Mayor be authorized to execute the Notice of Completion and the City Clerk to have same recorded. PUBLIC PARTICIPATION Mr. Ed Tyke, representing Mrs. Downard, the owner of the building at 1123 W. Foothill addressed the Council with concerns with regard to leasing the property because it is in the Redevelopment area. Tenants were asked to sign an agreement with the City to make certain improvements on the property, which would cost the tenant a lot of money. He stated that Mrs. Downard requested that the grandfather clause be retuned to her. 05/16/88 PAGE EIGHT Special Call Resign. M. Alva & E. Carmichael resolutions Separate function honoring retirees Not. of Comp. Proj 747-87 fencing @ Gladstone Pk Not. of Comp. Proj 747-87 appvd Pub.Prtc. E. Tyke complaints of bldg lease Mrs. Downard addressed the Council stating that the City Mrs. Downard sent her a letter advising her to make improvements on her complaints property or have a public nuisance filed against her. She bldg lease feels that because her property is located in the Redevelopment area, she is unable to lease it. Redevelopment Manager Steel responded to this item and Response by stated the reason that so many of the applicants have been CRA Manager turned away was because they were trying to rent the property for retail business but it doesn't meet the parking standards. He further stated that the building moratorium only affected new buildings it didn't affect new businesses. It was consensus of the Council that this item be referred Referred to to staff to meet with the property owner to reevaluate the Staff situation. Mr. Mike Falletta addressed the Council with concerns M. Falletta regarding Teen Night Clubs. He suggested that the Council Teen Night have staff present some information in regards to the feasibility of Teen Night Clubs setting up some criteria before a problem arises. He offered a suggestion that we look at the Parks and Recreation Department and possibly hold more dances and other activities for our teens. He formally requested that this item be placed on the agenda for next meeting for further information, discussion and possible action. Mr. Ronald Legault addressed the Council and expressed his Comments views regarding the publication of the Azusa Herald. He R. Legault also suggested the "Clean up Week" be brought back to the city. Mr. Art Morales addressed Council with his views regarding Comments the Azusa Herald. He stated that many people in the A. Morales community are circulating a petition asking that the Azusa Herald not be placed or left at their place of residence. Councilman Stemrich signed the petition. Mr. Mike Casteneda addressed the Council regarding agenda Item M -2c, proposed dismissal of Conrad Bituin from the Planning Commission. He stated that he believed Conrad Bituin to be conscientious and a good City Planner. He further stated that he didn't believe there was any justification to even the dismissal of Mr. Bituin. Mr. Art Morales addressed the Council with regard to the proposed dismissal of Mr. Bituin. He stated that when a person is appointed to a Commission, there should be consideration and respect for that position and not be using it as a spring board to oust someone that is sitting on the Council. In his opinion, that is what is happening in this case. Comments M. Casteneda Comments A. Morales Mr. Manuel Casteneda addressed the Council and stated "If Comments this is not a free Country, we might as well take our Flag M. Casteneda and burn it". OTHER BUSINESS/CITY COUNCIL Mayor Moses requested current information regarding the SGV Bank parking lot of the San Gabriel Valley Bank, the signs and property the deplorable condition of the lot. Code Enforcement Officer, Dave Rudisel responded stating Response that the property was declared a Public Nuisance Friday Code Enf Off May 20, 1988, and Order to Abate was issued by the Hearing Officer, requiring that the foundation, debris and signs be removed from the property. 05/16/88 PAGE NINE Discussion was held regarding the San Gabriel Valley Humane Dis. SGV Society. It was consensus of the Council that, because of Humane the cost of running our own shelter, the City would remain contracting with the San Gabriel Valley Humane Society for humane services. Discussion was held regarding consideration of scheduling meeting with Federal, State and County entities, for purposes of cleaning up areas in City, such as along the 'freeway, the Canyon Area, around the railroad station. Assistant Director of Public Works De Loach addressed this item stating that the City has two agreements working with the Railroad; one has been approved for the painting of the railroad building at the City's expense, he further stated that the second agreement, for landscaping around the Railroad Station, was not approved and it would not be approved subject to a license agreement that the Railroad has and that it would be a long process. Meetings w/ Federal, State, County entities Response Asst. Pub Wks Dir. Moved by Mayor Moses, seconded by Councilman Latta and Schedule Mtgs unanimously carried by roll call to schedule Council and Staff meetings with Federal, State and County entities, i.e., Forestry Service, Transportation Zone. It was consensus of the Council that the item regarding Access frm adequate business access from median islands be referred to median staff with a report back to the Council. islands, ref to staff Moved by Mayor Moses, seconded by Councilman Naranjo and Staff mbrs unanimously carried by roll call that the Mayor and two attendance staff members attend a seminar to be held in Sacramento, @ Seminar in 'regarding ways to revitalize the downtown area, and that the Sacramento staff members report back to Council for review. Discussion was held regarding the Casden Development Dis. re: Company. The Mayor stated that he would like to see the Casden Dev money that was going to be used for apartments on the main Co. boulevard be used to revitalize the downtown area. The City Attorney stated that the Redevelopment Agency has an Exclusive Negotiating Agreement with Casden and under the terms of that Agreement the Agency is obligated to hold a Public Hearing to listen to Casdens' presentation and to receive public testimony before the Council makes a decision. The Public Hearing is scheduled for June 20, 1988, and at that time the Council can take any action regarding the Casden project. Discussion was held regarding park maintenance. The Mayor advised that there are sixteen Cities that have a combined Parks & Recreation Department. He stated that he would like to see one Director handle both entities. Councilman Latta questioned the staffing and budgeting facets before making such a decision. Director of Community Development Bruckner addressed this item stating that consolidating all maintenance activities in one department would provide the most efficient service because of cross use of equipment, cross use of expertise and use intradepartmental personnel in different areas, rather than having them in separate departments. He further stated that the departments as currently separated are very successful in producing a recreation program and a parks maintenance program that are responsive to not only the needs of the community but also the desires and wants of the Council and City Administration. 05/16/88 PAGE TEN Statement by Cty Atty Dis. re: Parks Dept. Recreation combined Comments by staff After a lengthy discussion regarding this issue, it was Parks/Rec ref consensus of the Council to table this matter to the Council to Mtg of Meeting of June 6, 1988, with a report from staff on the 6/6/88 financial and budgeting cost involved with this change. Moved by Councilman Stemrich, seconded by Councilman Latta Purchase of and unanimously carried by roll call that staff research the Cable video possiblity of purchasing Cable video tapes of Council tapes frm meetings for permanent retention in Council Office. Falcon Discussion was held regarding articles in the Azusa Herald Ltr to Gen. dealing with political controversy. Councilman Stemrich Mgr. Azusa requested that a letter be sent from the City Council to Mr. Herald Redfern, General Manager of the Azusa Herald, requesting a list of their carriers. Councilman Stemrich brought up the impact of the petition that was being circulated regarding the delivery of the Azusa Herald. The City Attorney responded stating that he would research City Atty to and report back to the Council, however, he remembered that report on a nearby City attempted to take action to prevent Az Herald circulation; however, the courts found that it was petition unconstitutional. Conrad Bituin addressed the Council regarding consideration of dismissing him from the Planning Commission. He stated that he had heard that the reason for the dismissal was because he was a candidate for City Council in the April 1988 General Election. He expressed surprise, because other members of the Council had been on Commissions in the past. Councilman Stemrich asked Mr. Bituin if anyone on the Council had told him that the reason he was being dismissed from the Planning Commission was because he had been a 'candidate in the Election. Mr. Bituin answered "no". Moved by Councilman Stemrich, seconded by Councilman Naranjo and carried by roll call that Mr. Bituin be dismissed from the Planning Commission, pursuant to Section 2.04.050 (e) of the Azusa Municipal Code, and setting the date of May 31, 1988, to receive applications from interested parties, further setting June 6, 1988, at 6:30 P.M., prior to the regular Council meeting, for interviews. Councilman Latta dissenting. Councilman Stemrich wanted an addendum to this motion "that any paid member of a City Commission who runs for the office of Council, resign his or her position on that Commission". Comments C. Bituin re: dismissal frm Ping Comm Comments Cnclman Stemrich Dismissal of C. Bituin frm Ping Comm Addendum to motion Cnclman Stemrich City Attorney advised that with respect to the motion about Advice from the qualification of resigning prior to running for City Atty political office, would have to be put on subsequent agenda because that was not a part of this Agenda. Councilman Latta wanted the record to reflect that he Comments of opposes this and the previous item covering the Councilman press. Latta He stated the following: "I oppose this item and the previous item on harassing the press that I took a Oath of Office and that I swore that I would uphold the Constitution, the First Amendment, the Bill of Rights, in this Country guarantee it without exception, the Freedom of Speech, the Freedom of Press express, the Freedom of Religion, I'm shocked, I don't want no part of this action, or the previous. I don't think my collegues realize what they are doing". 05/16/88 PAGE ELEVEN 1 Mayor/Chairman Moses offered a Resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TO RECESS TO CLOSES SESSION ON MAY 16, 1988, PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a), (b), AND (c). Moved by Mayor/Chairman Moses, seconded by Councilwoman/Director Avila to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council/Agency: AYES: COUNCILMEMBERS/DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS/DIRECTORS: NONE ABSENT: COUNCILMEMBERS/DIRECTORS: NONE THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECESSED JOINTLY TO CLOSED SESSION. TIME OF RECESS TO CLOSED SESSION: 11:35 P.M. THE CITY COUNCIL AND THE 12:10 A.M. AGENCY AT Moved by Councilman/Director Latta, seconded by Mayor/Chairman Moses and unanimously carried to adjourn to May 23, 1988, 7:30 P.M., to the Senior Citizen Center. TIME OF ADJOURNMENT: 12:12 A.M. NEXT RESOLUTION NO. 8422 NEXT ORDINANCE NO. 2372 05/16/88 PAGE TWELVE Joint Reso. #8421 & #456 Closed Session Clsd Sess. Reconvened Adjourn to 5/23/88 7:30 P.M. Senior Cntr