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HomeMy WebLinkAboutMinutes - June 6, 1988 - CC (2)CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING _ JUNE 61 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 Reverend John Sims of the Invocation Prevailing Word Ministry. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS:. AVILA, STEMRICH, NARANJO, LATTA, MOSES ABSENT COUNCILMEMBERS: NONE t ALSO PRESENT Also Present City Attorney Thorson, City Administrator Fuentes, Director of Finance Craig, Director of Community Development .Bruckner, Director of Community Services Guarrera, Utilities Director Hsu, City Librarian Alaniz, City Engineer Spindel, Redevelopment Manager Steel, Redevelopment Project Analyst Katchen-Gall, Police Captain Russo, City. Treasurer Talley, City Clerk Solis, Deputy City Clerk Lara. CEREMONIAL Ceremonial Proclamation commending Doctor Paul Sago was presented by Proc. Dr. Sag the entire Council. Mr. John Dangleis, Track Meet Director, National Association Souvenir pgms of Intercollegiate Athletics, Doctor Paul Sago, President, & batons to Mr. Cliff Hamlow, Vice President and Athletic Director, and Cncl in spt Terry Franson, Coach, all of Azusa Pacific University of APU track presented ceremonial batons, souvenir programs, T-shirts meet and the City of Azusa banner which was displayed at the 'ftrack and field championships, to the City Council in r appreciation of their support for the National Track Meet that was held at the University in May. �rr The Mayor also welcomed students from Azusa High School who Welcome Az �r were in attendance at the meeting. HS students 'The CONSENT CALENDAR consisting of Items 1 through 26 was Cons Cal approved by motion of Councilwoman Avila, seconded by appvd, F-1 as Councilman Latta, and unanimously carried by roll call amended, F-12 vote, with the exception of Items F-12 and F-25, which were & F-25 Spec considered under the SPECIAL CALL portion of the Agenda, and Call Item F-1, which was approved as amended. 1. Minutes of the regular meeting of May 16, 1988 and Min appvd the adjourned regular meeting of May 23, 1988, were approved as amended. 2. The contract for Project No. 767-88, wheel chair ramps and reconstruction of sidewalks at various locations in the City, was awarded to White Construction, low bidder, in the amount of $26,580.00 and its execution authorized. The City Clerk was directed to return unsuccessful bidders' guarantees. Five bids were received and opened in the City Clerk's Office on May 23rd, from: White Construction, B-1 Enterprises Corp., Damon Construction Co., Bruce Paving Co., Inc. and Dominguez Construction, Inc. 3. The contract for Project No. 760-88, landscape maintenance of various median islands, was awarded to SCLM Co., Inc., low bidder, in the amount of $35,388.00, and its execution authorized. The City Clerk was directed to return unsuccessful bidders' guarantees. Three bids were received and opened in the City Clerk's Office on May 23rd, from: SCLM Co., Inc., L. Barrios Associates and J. R. Landscape. 4. Employee step increase and permanent status recommendations were approved for the following: NAME STATUS 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA COMMENDING MANUEL ALVA FOR HIS YEARS OF SERVICE TO THE CITY. 8. Specifications were revised for the classification of Street Maintenance Supervisor, amending the education and epeirence requirements. The following resolution was then adopted. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REVISING THE SPECIFICATION SHEET FOR THE CLASSIFICATION OF STREET MAINTENANCE SUPERVISOR. 9. The Parks and Recreation Commission has designated parkway trees for various streets within the City. Trees include the following: Silk, Jacaranda, Brisbane Box, Carrotwood, Red Ironbark, Liquidamber, Bradford Pear, Goldenrain, Crape Myrtle, Tulip and Magnolia. The list was approved and added to the list of Approved Designated Trees for the City. ' 10. The contract for Project No. 758-88, new offices at the Community Services Department, was awarded.to Sierra Builders, low bidder, in the amount of $114,200.00 and its execution authorized. The City Clerk was directed to return unsuccessful bidder's guarantee. Two bids were opened in the City Clerk's Office on May 23rd, from Sierra Builders and Mountjoy Construction Co. Contract for Proj 767-88 White Con- struction Contract for Proj. 760-88 SCLM Co.,Inc. Emp step inc. perm. status Resign. M. Douglass Res. #8422 commend Baloo Res. #8423 commend M. Alva Revised specs for St. Maint. Supervisor Res. #8424 appvng specs 26 street trees added to master list Contract Proj 758-88 Sierra Builders 11. Bid opening was held in the City Clerk's Office on May No bids for 23rd for Project No. 766-88, 1 -ton sewer service truck. sewer svc trk No bids were received. Staff was authorized to solicit informl bids informal quotations for the vehicle and purchase the for purch vehicle from the lowest responsible bidder. 06/06/88 PAGE TWO R. Alvarado Step 4 06/02/88 M. Gomez Step 4 06/02/88 D. Moore Step 3 06/02/88 N. Wetherbee Step 5 05/20/88 5. The resignation of Mike Douglass, Assistant Code Enforcement Officer, was accepted, effective May 17, 1988. Mr. Douglass was promotionally appointed to the position of Emergency Services Coordinator. ' 6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA COMMENDING BALOO FOR HIS YEARS OF SERVICE TO THE CITY. 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA COMMENDING MANUEL ALVA FOR HIS YEARS OF SERVICE TO THE CITY. 8. Specifications were revised for the classification of Street Maintenance Supervisor, amending the education and epeirence requirements. The following resolution was then adopted. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REVISING THE SPECIFICATION SHEET FOR THE CLASSIFICATION OF STREET MAINTENANCE SUPERVISOR. 9. The Parks and Recreation Commission has designated parkway trees for various streets within the City. Trees include the following: Silk, Jacaranda, Brisbane Box, Carrotwood, Red Ironbark, Liquidamber, Bradford Pear, Goldenrain, Crape Myrtle, Tulip and Magnolia. The list was approved and added to the list of Approved Designated Trees for the City. ' 10. The contract for Project No. 758-88, new offices at the Community Services Department, was awarded.to Sierra Builders, low bidder, in the amount of $114,200.00 and its execution authorized. The City Clerk was directed to return unsuccessful bidder's guarantee. Two bids were opened in the City Clerk's Office on May 23rd, from Sierra Builders and Mountjoy Construction Co. Contract for Proj 767-88 White Con- struction Contract for Proj. 760-88 SCLM Co.,Inc. Emp step inc. perm. status Resign. M. Douglass Res. #8422 commend Baloo Res. #8423 commend M. Alva Revised specs for St. Maint. Supervisor Res. #8424 appvng specs 26 street trees added to master list Contract Proj 758-88 Sierra Builders 11. Bid opening was held in the City Clerk's Office on May No bids for 23rd for Project No. 766-88, 1 -ton sewer service truck. sewer svc trk No bids were received. Staff was authorized to solicit informl bids informal quotations for the vehicle and purchase the for purch vehicle from the lowest responsible bidder. 06/06/88 PAGE TWO f 12. SPECIAL CALL ITEM 13. The resignation of Linda Casey, Bus Driver, effective April 29, 1988, was accepted. 14. Every year a representative of the Controller of the State of California audits the financial transactions of the City pertaining to Section 2151 of the State Highway Code. The result is the Annual Street Report which then becomes the basis of the City's audited financial statement of such transactions. The audit is always done on a cost reimbursement basis, which will not exceed $1,000.00. The contract was approved and its execution authorized. 15. The resignation of Police Officer Ernest Conde, effective June 3, 1988, was accepted. 16. Approval was given for a Career Criminal Apprehension Program Grant requested through the Office of Criminal Justice Planning in Sacramento. The grant will provide analytical support to the Police Department in the form of one analyst, a clerk and supporting computer software and hardware. The grant is in the amount of $115,000.00 of which the Police Department would match $12,778.00 in personnel costs. The following resolution was then adopted. Spec Call Resign. L. Casey Contract Annual St Report Resign. E. Conde Career Crim. Apprehension Program Grant A RESOLUTION OF THE CITY OF AZUSA AUTHORIZING THE Res. #8425 SUBMISSION OF A GRANT APPLICATION FOR LAW ENFORCEMENT auth app for PURPOSES TO THE OFFICE OF CRIMINAL JUSTICE PLANNING Grant (OCJP) . 17. The appointment of Mrs. Christina Ayala to the position Appt. C. of Secretary to the City Administrator, effective June Ayala 22, 1988, was approved. 18. Claim V. City of Azusa by Zeneda Mendoza, Ernesto Claim Mendoza. and Deborah Ann Mendoza, for alleged wrongful Zeneda death of Julio Rolando Mendoza, from downed power line Menoza, et al. occurring February 17, 1988, was denied and referred to City's Claims Administrator. 19. On April 15, 1985, Council adopted Resolution No. 7692, Amending fixing fees to be collected by the Building Division for Occupancy various permits. One of the fees collected is for inspection occupancy inspections. In commerical buildings under fees 5000 square feet, the fees charged exceed the time that it takes to do the inspections. The current fee is $225.00. In order to provide a more reasonable relationship between the serrvice provided and the fee charged, it is recommended that the occupancy inspection fee for groups other than R or M for buildings 5000 square feet or less be set at $105.00. The following resolution was then adopted: A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8426 AMENDING RESOLUTION NO. 7692 TO MODIFY OCCUPANCY modifying INSPECTION FEES FOR CERTAIN BUILDING OCCUPANCIES. occ fees ' 20. The appointment of Daniel Paul Gufrey as Transportation Appt. D. P. Dispatcher, effective June 13, 1988, was approved. Gufrey 21. The appointments of Mr. Ali Farhoomand and Mr. Lance Appts. A. Miller to the position of Civil Engineering Assistant, Farhoomand effective June 21, 1988, were approved, contingent upon & L. Miller successful completion of the physical examination process. 22. The appointment of Mr. Rodel Hidalgo to the position of Appt. R. Computer Operations Analyst, effective June 13, 1988, Hidalgo was approved. 06/06/88 PAGE THREE 23. The Los Angeles County Department of Public Works has LA County Res. #8430 initiated proceedings for construction of sanitary to construct 87-4. AND CONDITIONAL USE PERMIT NO. C-457 FOR THE PROPOSED sewers in Laxford Road and other rights of way in the sewers in GPA 87-4 cities of Azusa and Irwindale. In order that the Laxford Moved by Councilman Naranjo, seconded by Councilwoman Avila County Board of Supervisors may adopt a Resolution of to waive further reading and adopt. Resolution passed and Intent for.this improvement, it is necessary that the AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, City of Azusa grant jurisdiction to the County over MOSES said improvements. The following resolution was ABSENT: COUNCILMEMBERS: NONE adopted: A Public Hearing was held before the City Council on this ' A RESOLUTION OF THE CITY OF AZUSA GRANTING CONSENT AND Res. #8427 Councilwoman Avila offered -a resolution entitled: JURISDICTION TO THE COUNTY OF LAS ANGELES IN THE MATTER granting Res. #8431 OF COUNTY IMPROVEMENT NO. 2644-M, LAXFORD ROAD AND consent to DESIGN (P-88-35), 203 NORTH ASPAN AVENUE (E.T. LEGG AND OTHER RIGHTS OF WAY. County 24. The City receives approximately $320,000.00 per year CDBG Agmt under the Community Development Block Grant Program. FY 88-89 An agreement extending the program for the 1988-89 Fiscal Year was approved and its execution authorized. 25. SPECIAL CALL ITEM Spec Call 26. Two separate resolutions authorizing payment of Res. #s 8428 warrants by the City were adopted and entitled: & 8429 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 7:53 P.M. ' THE CITY COUNCIL RECONVENED AT 8:02 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 Councilman Naranjo offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8430 DENYING ZONE CHANGE NO. Z-261, GENERAL PLAN AMENDMENT NO. denying 87-4. AND CONDITIONAL USE PERMIT NO. C-457 FOR THE PROPOSED Z-261 & ROCK QUARRY ON PROPERTY LOCATED AT 1850 FISH CANYON ROAD. GPA 87-4 (Restivo) Moved by Councilman Naranjo, seconded by Councilwoman Avila to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A Public Hearing was held before the City Council on this item on May 2nd and continued to May 16th, 1988. Councilwoman Avila offered -a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8431 CERTIFYING THE NEGATIVE DECLARATION FOR PRECISE PLAN OF crtfying DESIGN (P-88-35), 203 NORTH ASPAN AVENUE (E.T. LEGG AND neg dec ASSOCIATES). P-88-35 06/06/88 PAGE FOUR 1 1 AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilman Stemrich offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING PRECISE PLAN OF DESIGN P-88-35 LOCATED AT 203 NORTH ASPAN AVENUE (E.T. LEGG AND ASSOCIATES). AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A Public Hearing was held before the City Council on this item on May 16, 1988. Councilman Stemrich offered a resolution entitled: Res. #8432 appvng P-88-35 (Legg) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. # 8433 APPROVING THE PUBLIC NUISANCE APPEAL AND AFFIRMING THE appvng pub FINDING OF A PUBLIC NUISANCE AND ORDER TO ABATE THE NUISANCE nuis appl & FOR PROPERTY LOCATED AT 780 NORTH TODD AVENUE, AZUSA, to abate CALIFORNIA (CASE NO. 86-503). (Prestesater) AYES: COUNCILMEMBERS: STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: AVILA ABSENT: COUNCILMEMBERS: NONE An informal hearing was held before the City Council on this item on May 16, 1988. SCHEDULED ITEMS Sched. Items PUBLIC HEARING - on appeal by the City Council of Pub Hrg application of Mohsen Dastgerdi requesting*a precise plan of P-88-7 design (P-88-7) to allow expansion of an existing commercial (Dastgerdi) building on the property located at 248 W. Foothill Blvd. 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 May 18, 1988, and the affidavit of proof of posting said property on May 27, 1988. Community Development Director Bruckner addressed this item Testimony and stated that the existing commercial building was frm staff originally operated as an automobile service station and was later used as an automotive upholstery shop. Mr. Dastgerdi has proposed to add on 20 feet to the rear and 10 feet to the east side of the building in order to turn the building into a a restaurant and market. The resulting 2,472 square foot building would contain a 500 square foot market and a restaurant with 600 square feet of assembly area. Parking is to be provided at the front and western side of the building. A minimum of eight parking spaces are required to be provided, based on the small interior dimensions of the market and the assembly area of the restaurant. Landscaping will be placed around the parking area and concentrated at the northwest corner of the parcel. The proposed building expansion meets the development standards for commercial businesses. Mr. Fred Diaz addressed this item on behalf of the applicant Testimony Mr. Dastgerdi and advised that applicant has met all the F. Diaz requirements necessary and is going to provide more than the minimum amount of landscaping. He felt that the proposed project would be beneficial to the City. 06/06/88 PAGE FIVE General discussion was held by the City Council regarding the number of parking spaces to be provided. Comparisons were made with the El Patio Restaurant, which has approximately 9 or 10 spaces and that no problems seem to exist at that site. However, applicant's proposal was for both a restaurant and market. Councilwoman Avila questioned Mr. Dastgerdi on the possibility of him having either one or the other instead of both., i.e., restaurant and market. Mr. Dastgerdi advised the Council that the restaurant has only six tables which would cover six parking spaces; and that the market area only required two parking spaces because of its size. He went on to state that the type of food to be offered at both sites was Middle Eastern, and the volume of people at his place of business would not be that great to cause parking problems. He was asked how many employees he would have and how many handicapped parking spaces he was providing. Mr. Dastgerdi responded that it was a family business with, at most, three employees, who would be parking their vehicles on the side of the building, not interfering with customer parking. Further, one handicapped parking space would be provided. The Mayor stated that he was aware that the applicant had met all standards pursuant to the Municipal Code, and that he had no fault with him, however, he was stressing the parking requirements, so that our standards would be upgraded and tighter restrictions be enacted. Moved by Mayor Moses, seconded by Councilwoman Avila and unanimously carried by roll call to close the hearing. Moved by Mayor Moses, seconded by Councilman Stemrich and - unanimously carried by roll call to approve Precise Plan of 'Design P-88-7, further directing the City Attorney to prepare the necessary documents. PUBLIC HEARING - on application of Paul Lucas, et al, requesting .a zone change to change the zone from C2, restricted commercial, to Ric, multiple family residential, Case No. Z-88-1, and General Plan amendment to change the general plan from CBD, Central Business District, to H, high density residential, Case No. GPA -88-1, in order to achieve consistency between the zoning and land uses of these parcels, located at 503 - 531 N. San Gabriel Avenue. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on May 18, 1988, as well as the affidavit of proof of posting said property on May 27, 1988. Mr. Bruckner addressed this item, stating that the zone change was a joint request from six property owners for six parcels on the west side of San Gabriel Avenue, between Sixth and Fifth Streets. The existing zoning is C2, however, the character of that area is residential. The request for this zone change and general plan amendment was made prior to Council imposing a moratorium on R3 development, and, therefore, this particular application is exempt. However, the development of these parcels would be subject to the moratorium. He went on to state that commercial activity in this area did not seem likely, and that the character of the area and long term use appeared to be for residential purposes, and the R3c zoning and High Density residential land use designation would be more appropriate for these parcels than their current zoning and land use designations. 06/06/88 PAGE SIX Testimony M. Dastgerdi Hrg closed Appv precise plan Pub Hrg Z-88-1 & GPA 88-1 (P. Lucas et al) Hrg opened Testimony frm staff General discussion was held regarding high density and what that actually meant in relation to number of units on a parcel. Mr. Bruckner advised that the term was misleading and that the number of units depended upon the actual size of the lots; further- that with our more stringent development standards for Ric the highest number of units for a parcel in the area in question would be four. One of the applicants, Mr. Paul Lucas, addressed the Council stating that he owned the property at 509 N. San Gabriel Avenue, and that the reason he applied for the zone change was to upgrade his property. He applied for a loan to do so, but was denied, because this property was a non- conforming piece of property. He cannot improve the property because he cannot borrow money on the property. He was not the only one, that all of the rest of the applicants had the same problem. Testimony P. Lucas Mr. Bruckner was asked how many properties within the City Staff are non -conforming, and he advised that it was difficult to comments state at this time. However, that staff was in the process of studying the matter. Mr. Ivan Goodner, owner of the apartment building on San Gabriel Avenue addressed the Council stating that when the apartment building was erected it was in the proper zone of R3 and that somewhere down the line, the zone was changed without consideration of grandfathering the buildings in place at that time. He, too, was trying to secure a loan in order to make major repairs and was being denied by the lending institutions. He requested any consideration possible. Mr. Art Morales addressed the Council and stated that, he felt, the reason these people wanted the zone change was to build apartments, that they were not interested in single family residences. He did not believe that they needed loans in order to upgrade their property. He asked that the zoning remain the way it was and, again,, stated that the residents of Azusa did not want any more apartments. Moved by Councilwoman Avila, seconded by Councilman Naranjo and unanimously carried by roll call to close the hearing. Discussion was held regarding proposed legislation regarding slow growth and no growth movements of certain cities. Apparently, the State has set up certain population growth percentages, etc., and for those cities not in compliance, the State would come in and build low and moderate income housing in those areas. It was consensus, that since this was proposed legislation, not actual, that the Council not be concerned at this point in time. Testimony I. Goodner Comments A. Morales Hrg closed Disc. prop. legislation on slow growth t Moved by Councilwoman Avila, seconded by Councilman Latta to Zone chug & deny zone change request and general plan amendment of Mr. GPA denied Paul Lucas, et al, and direct the City Attoreny to prepare the necessary documents. Motion passed by the following , vote of the Council: 'AYES: COUNCILMEMBERS: AVILA, STEMRICH, LATTA NOES: COUNCILMEMBERS: NARANJO, MOSES ABSENT: COUNCILMEMBERS: NONE PUBLIC HEARING - on application of H. Thomas Sawyer/Wesco Pub Hrg Development requesting a zone change to change the zone from Z-88-2 & RA, residential/agriculture, to Ria, multiple family GPA 88-1 residential, Case No. Z-88-2, and General Plan Amendment to Sawyer/ change the general plan designation of R, rural density Wesco Dev. residential, to M, medium density residential, Case 88-1, in order to build 43 townhouses on the property located at 1750 Azusa and San Gabriel Canyon Road. 06/06/88 PAGE SEVEN The Mayor left the Council table at this time and abstained from the proceedings. Mayor Pro -tempore Naranjo chaired this item. Mayor Pro -tem declared the hearing open. The City Clerk read the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on May 18th as well as the affidavit of proof of posting said property on May 27th, 1988. Community Development Director Bruckner addressed this item stating that the proposed development would consist of 43 townhouse units to be grouped into duplexes and triplexes, with unit sizes for the two-story residences ranging from 1,250 square feet to 1,430 square feet. Each unit would be provided with an attached two -car garage. The development would also include 27,960 square feet of useable open space. The project in itself would be quite nice incorporating a Spanish design theme. He, further, stated that the development pattern east of the proposed project was low density and residential and that the Planning Commission and staff felt that the rezoning of this property for a townhouse development would be inconsistent with the established land use policy, and could lead to the elimination of the rural atmosphere of the area. Councilman Stemrich advised that when this item was being heard by the Planning Commission, he had attended and voiced his opinion regarding traffic problems on the secondary road at the area, and asked if this would disqualify him from voting on the procedures. City Attorney apprised Mr. Stemrich that the fact that a Councilmember makes a comment at a public Planning Commission meeting would not necessarily disqualify him, as the comment was made in public and the applicant had an opportunity to respond to the statement, and, further, a comment does not show that the Councilmember is prejudiced against the applicant. Mayor to abstain Naranjo to chair Hrg opened Testimony from staff Stemrich req info from Cty Atty re: abstaining Mr. Bruckner, also, advised the Council that this project Staff was in progress during the time the moratorium on multiple comments family residential was enacted upon and would, therefore, be exempt from the Ordinance. The applicant was not in attendance at the meeting. App not @ mtg Mr. Art Morales addressed this item stating that the Comments Planning Commission had come through on this project with A. Morales good findings, and felt that the area should remain as is. Moved by Councilman Stemrich, seconded by Councilwoman Avila Hrg closed and carried by roll call to close the hearing. Mayor Moses abstaining. Moved by Councilman Stemrich, seconded by Councilman Latta Zone chng and carried by roll call to deny zone change and the general &GPA denied plan amendment and direct the City Attorney to prepare the necessary documents. Mayor Moses abstaining. Mayor Moses returned to the Council table at this time. Moses retrnd PUBLIC HEARING - amending the Conflict of Interest Code for Pub Hrg designated employees of the City. amend conflct of int. code The Mayor declared the hearing open. The City Clerk read the affidavit of proof of publication of notice of said Hrg opened hearing published in the Azusa Herald on May 4, 1988. 06/06/88 PAGE. EIGHT City Attorney Thorson addressed this item, stating that this item dealt with the revision of the City's present Conflict of Interest Code. State law requires that the Code be updated periodically. The change to be made is the addition of a number of employee positions to the list of designated employees. He further stated that whether or not an employee is listed as a designated individual to file an annual conflict of interest form, all employees are still prohibited from a conflict of interest with respect to any 'decisions that they may make. Discussion was held regarding including all employees on the list to file annual financial dislosure forms, however, only those employees who have significant responsibilities to make decisions for the City should be included, as line personnel would not have the conflict of interest, as they only carry out the duties delegated to them. City Attorney also advised that additional employees could be added on to the list if deemed necessary. Testimony was solicited from the public, but none received. Moved by Councilwoman Avila, seconded by Councilman Naranjo and unanimously carried by roll call to close the hearing. Cty Atty addsd item Disc on employees to file fin. stmnts No other Test Hrg closed Moved by Councilman Stemrich, seconded by Councilwoman Avila Hrg reopened and unanimously carried by roll call to re -open the hearing & cont. to and continue to meeting of June 20, 1988. 6/20 mtg Moved by Councilman Stemrich, seconded by Councilman Naranjo Buses for and unanimously carried by roll call that bus transportation youth exch. be provided to the Youth Exchange students visiting from students Zacatecas during their two week stay in Azusa. Moved by Mayor Moses, seconded by Councilman Stemrich and unanimously carried by roll call to waive the fees for use of the Woman's Club by Victor Hodge School on June 16, 1988, for an annual luncheon for the Sixth grade graduating class and also for the Azusa High School Marching Units Booster Club on July 16, 1988, for a fund raising event. On May 16th, the Council approved plans and specifications for the Civic Center improvements excluding the restroom facilities, pending visits by Council to various cities where prefabricated facilities such as those proposed are located. The Council was given two options: to approve the prefabricated restroom buildings as originally proposed, or to authorize staff to prepare plans and specifications for a site -built restroom. After discussion, it was moved by Councilman Stemrich, seconded by Councilwoman Avila and unanimously carried by roll call that staff be directed to prepare plans and specifications for a site -built restroom. The Mayor announced that the following term of office expirations for Boards and Commissions would be effective June 30, 1988: Two positions - Cultural and Historical Landmark Commission one position - Library Commission One position - Parks and Recreation Commission one positiion - Personnel Board One position - Planning Commission 06/06/88 PAGE NINE Waive fees Woman's Clb V.Hodge & Azusa Booster Club Staff to prepare pins for site - built rest - rooms @ Civic Cntr Notice of exp. of terms of office fr Bds & Comms. Moved by Mayor Moses, seconded by Councilman Naranjo and unanimously carried by roll call that all interested residents and incumbents could file applications at the City Administrator's Office and that the deadline for receipt of applications would be June 20, 1988; further that all applications be kept for a six month period and if vacancies occur to advise those residents whose applications are on file of interview time and date. 'No date or time was set for interviewing applicants at this time. Community Development Director Bruckner addressed Agenda item dealing with the appointment of an Ad Hoc Committee to investigate Developers' fees utilized by other cities. He stated that this information could be received by staff without the need for a committee; however, when all information was gathered, the possibility of such a committee reviewing specific fees for possible use by the City would be more appropriate at that time. It was consensus of the Council that Mr. Bruckner gather this information for Council perusal. SPECIAL CALL ITEMS The Light Division requires two 225 KVA, three-phase transformers to service air conditioning equipment being installed at Gladstone and Foothill Schools. These transformers need to be delivered and installed and tested before school opens on September 6th. Normal delivery could take as long as 23 weeks. Therefore, staff solicited informal quotations and ordered the transformers to save more than two weeks delivery time. Councilwoman Avila addressed this item and requested information from the Utilities Director with regard to the City's financial ability to purchase transformers for these particular schools and others that would soon be refurbishing their buildings. Director of Utilities Hsu responded that funds are available and that the City gets a return on this type of investment from the consumers by the use of electricity. It was then moved by Mayor Moses, seconded by Councilwoman Avila and unanimously carried by roll call that due to time constraints, formal bidding procedures be waived, pursuant to the Municipal Code, and staff action be confirmed for the purchase of the two transformers from R.T.E. Corporation, lowest quote, in the amount of $11,776.77 including sales tax. In conjunction with the Civic Center renovation and Azusa's new beautificationprograms, the City has requested permission from Atchison, Topeka and Santa Fe Railway to paint the railway depot building located on Santa Fe Avenue. The Railway Company has submitted a standard License Agreement for approval which would allow the City to commence with the project. Councilman Latta addressed this item, stating that the railway depot was private property and that if the City did paint it and clean it up, then we would probably have to continue to maintain it. In doing so, why should we not clean up all private property in the City. He felt the best way to handle the needed work and landscaping was to declare it a public nuisance and have the railroad clean it up. 06/06/88 PAGE TEN App deadline 6/20 & retain apps for 6 months No need for Ad Hoc Comm re: devlprs' fees - staff to rec.info Spec Call Dis. re: purch 2 transformers for use by Schools Disc methods of recouping monies spent on trans- formers Frml bidding waived for purch of transformers R.T.E. Corp. Proposed Lic.Agmt w/Railway Co. for painting depot Disc re: declaring propty pub nuis The City Attorney advised that railroads are governed by the Railroads Public Utilities Commission and we have no authority to governed declare the property a public nuisance; however, since this by PUC particular property was not being used as a passenger terminal and seemed to be vacant, he could investigate the possibility of the City declaring it a public nuisance. The City Administrator stated that at the present time, we Comments by are dealing with the railroad company for certain property Cty Admin at the Civic Center area and the Senior Citizen Center and have developed a favorable relationship with them. He felt that the public nuisance approach was not feasible at this time. It was then moved by Councilman Latta, seconded by Cty Admin Councilman Stemrich and unanimously carried by roll call to meet w/ that City Administrator contact the Railroad Company and RR to re - meet with them requesting that they refurbish the building furbish as well as maintaining the landscaping and surrounding areas depot of the depot. If positive results are not achieved, then the City Attorney will investigate the possibility of the City's jurisdiction in declaring the site a public nuisance. Pub.Prtc. Mr. Mike Falletta could not attend tonight's Council meering Teen Night and requestd that his item dealing with teen age night clubs Club 6/20 be continued to.the meeting of June 20, 1988. would call the Humane Society. He advised that the Humane mtg Mrs. Rose Shupe addressed Council and requested that the R. Shupe Freedom tree at City Park be replaced as it had been need for destroyed some time ago. She was advised that the tree Freedom n would be replaced in conjunction with the Civic Center tree Jud improvements. Mrs. Linda Stahl -Smith addressed the Council regarding the L. Stahl - noise and.; .dust problems caused by the rock quarrying Smith re: establishment at Fish Canyon and stated that it should not quarry probs be allowed to continue. The mountains are being destroyed and desecrated by quarrying. Mr. Ron Lockwood addressed the Council complaining of the R. Lockwood methods the Police Department and the San Gabriel Valley Animal Humane Society had in responding to citizen calls. He control stated that his girlfriend's four and one-half year old probs granddaughter was bitten by a dog and it took one hour and ten minutes before anyone responded. He felt that the Police Department should have answered the call and not waited for the Humane Society. He strongly requested that the City return to having their own animal control department. Police Captain Russo responded to Mr. Lockwood's complaint Response and went over the conversations Mr. Lockwood and Ms. Nguyen Capt Russo had with the dispatcher at the time of their calls, wherein Dispatcher asked if they needed para -medics and that she would call the Humane Society. He advised that the Humane is on call and the Police policy is to get the QOfficer Humane Officer to the calling party and the Police Depart- ment is not an intermediary in the process. Discussion was held on the contract that the City has with Disc re: the San Gabriel Valley Humane and whether provisions were contract made for Police to respond if a Humane Officer was not fr anim. available. control It was consensus of the Council that copies of the contract Transcrpt be provided to them as well as transcripts of the tapes from of police the Police Department and that staff and the Police tape on Department discuss these problems for reconciliation. dog prob 06/06/88 PAGE ELEVEN ti Mr. Richard Widman addressed the Council stating that last R. Widman month the Council relieved Conrad Bituin from the Planning comments Commission because he ran for City Council. He wanted to on dismsl know why the other members of the Planning Commission who of C.Bituin ran for Council were not also being relieved from their duties, and if not, then this was a personal vendetta against Mr. Bituin. He requested that Mr. Bituin be reinstated to serve out his term of office. Mr. Naranjo requested that the City Attorney clarify the Advice frm Council's position on the termination of Mr. Bituin, and why Cty Atty no reasons were given to the press for his dismissal. City Attorney stated that under the rules of the Council a Commissioner could be removed for any reason and Council need not state the reason why the Commissioner is being removed. Mr. Naranjo further requested of the City Attorney 'whether his direction was that Council "could not" make a public statement regarding his dismissal, or "should not" make the statement. City Attorney advised that he said the Council "should not" make any public statement. Mr. Bob Metcalf addressed Council stating that quite some B. Metcalf time ago he requested a left hand turn signal on Gladstone lft trn sig - to Azusa Avenue going east and west. City Engineer Spindel nal @ Az & advised that this project was also being financed as a joint Gladstone project between the City and CALTRANS, and that the design & response was complete and it should go out to bid in the very near by Cty Eng future. 06/06/88 PAGE TWELVE Mrs. Alma Herzog addressed the Council stating that dogs are A. Herzog running loose at First Street, Virginia and Paramount at comments on all times of the day. She stated that at one time there was anim.cntr a. dog on her porch and she called the Humane Society and they responded within ten minutes. Mr. Rudy Camacho addressed the Council and asked what the R. Camacho status was on the traffic signals at 9th and Azusa and 9th trfc sgnl and San Gabriel. @ 9th & Az City Engineer Spindel advised that the traffic signal at 9th Responses and San Gabriel has been designed and that the City is by Cty Eng waiting for final approval from CALTRANS. When that is accomplished they will present the plans and specifications to Council for approval and go out to bid on the project. It was consensus of Council that staff meet with CALTRANS Staff to and expedite the placing of a traffic signal at 9th and meet w/CAL Azusa as well as 9th and San Gabriel. Trans Mr. Ronald Legault addressed the Council stating that R. Legault possibly the City could merge with Covina and West Covina merge w/ for animal control services, as they were in closer Cov & W.Cov proximity to the City than the San Gabriel Valley Humane for humane, Society. He went on to state, that he was stopped by Mr. polit signs Perkins from the Light and Water Department who advised him & cable TV that the Osko political signs that he was putting up were probs being taken down by three of his employees at a cost of $60.00 per hour and he felt that other signs were being left in place. He was advised that it was against the law to place signs on power poles. He went on to further state that he was displeased with Falcon Cable as they no longer mailed the cable TV guide to the homeowners. If you wanted one you had to go to their office and pick one up. He felt this was not proper. Mr. Al Soper addressed the Council stating that he had read A. Soper where CALTRANS was buying the right of way of the railroad comments commuter trains going through various cities, and that the on RR City of Azusa was named as a stop. He felt that the Council should invetigate this possibility. Mr. Richard Widman addressed the Council stating that last R. Widman month the Council relieved Conrad Bituin from the Planning comments Commission because he ran for City Council. He wanted to on dismsl know why the other members of the Planning Commission who of C.Bituin ran for Council were not also being relieved from their duties, and if not, then this was a personal vendetta against Mr. Bituin. He requested that Mr. Bituin be reinstated to serve out his term of office. Mr. Naranjo requested that the City Attorney clarify the Advice frm Council's position on the termination of Mr. Bituin, and why Cty Atty no reasons were given to the press for his dismissal. City Attorney stated that under the rules of the Council a Commissioner could be removed for any reason and Council need not state the reason why the Commissioner is being removed. Mr. Naranjo further requested of the City Attorney 'whether his direction was that Council "could not" make a public statement regarding his dismissal, or "should not" make the statement. City Attorney advised that he said the Council "should not" make any public statement. Mr. Bob Metcalf addressed Council stating that quite some B. Metcalf time ago he requested a left hand turn signal on Gladstone lft trn sig - to Azusa Avenue going east and west. City Engineer Spindel nal @ Az & advised that this project was also being financed as a joint Gladstone project between the City and CALTRANS, and that the design & response was complete and it should go out to bid in the very near by Cty Eng future. 06/06/88 PAGE TWELVE OTHER BUSINESS/CITY COUNCIL Oth Bus/Cncl The Mayor discussed the hiring of a City Auditor to oversee Motion to the Finance Department operations. He stated that there had hire an been a problem with the budget; reports that he had auditor to requested which were not: timely, and, also, that he felt the oversee Finance Director could use additional help. He advised that Fin Dept he had a proposal from an individual to furnish these services at a cost of $3.,000.00 per month and felt that the cost was reasonable. He made a motion to this effect. COUNCILMEMBERS: NOES: Mrs. Avila stated that if there was a problem with one of Comments the departments in the City, the matter should be referred Avila to the City Administrator. If he could not resolve the problem then his status was on the line. Mr. Stemrich asked if the person hired would be under the Comments direction and supervision of the City Administrator, and was Stemrich advised that this would be the case, as well as under the City Council. Mr. Naranjo requested the Director of Finance to respond to Comments this proposal, specifically if he could use the help or did Naranjo he feel this action was a threat to his position. Mr. Craig responded that if the Council was willing to Response expend funds of $12,000.00, he would rather have an "indian" by Fin Dir than another "chief." Mr. Stemrich advised that he would second the Mayor's Comments motion, but wanted to be assurred that this person would be Stemrich under the City Administrator and that he did not want to cause any contention built up between the staff. Mr. Latta stated that Mr. Stemrich's second to the Mayor's Comments motion would do just that, cause dissention. He stated that Latta this was a vote of no confidence for the Finance Department; that since no other bids were received, this was a political appointment.;. no funds were budgeted for such an appointment and that he felt this was very unprofessional. Mrs. Alma Herzog addressed the Council and was advised that A. Herzog the public participation portion of the Agenda was past, comments however, she still commented that as a bookkeeper she had always been audited. Lengthy discussion ensued between the Council on this matter, regarding the need for this position; whether or not Council had read the Grand Jury report on the Finance Department operations when this particular individual that was being considered for hire had left the City; that the City already has the firm of Conrad and Associates doing yearly audits of the Finance operations and that we have received a clean opinion. Further discussion regarding being over budget and City Administrator's responses as to why this occurred and how we have made budget cuts and are now in the black; that services provided will be more cost effective and that at the end of the fiscal year, we will have funds in our reserve account. The Mayor then called for the vote on this issue. failed by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 06/06/88 STEMRICH, MOSES NARANJO, LATTA AVILA NONE PAGE THIRTEEN Motion Vote on motion to hire auditor failed THE CITY COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY AT 10:13 P.M. THE CITY COUNCIL RECONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 10:18 P.M. Councilman/Director Stemrich 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 CLOSED SESSION ON JUNE 6, 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 Mayor Moses discussed the exorbitant fees being charged Rentrs fees Councilmember/Director Narnajo to waive further renters for clean up fees as well as two or three months & clean up Resolution passed and adopted rent in advance prior to moving in, and felt that something deposit of the should be done by our state legislators as in many disc instances, these clean up fees were not being returned. Mr. COUNCILMEMBERS/DIRECTORS: AVILA, Naranjo stated that there was a bill presently being introduced wherein, renters' clean up fees would be placed LATTA, MOSES NOES: in a separate account and that all interest on those fees NONE would be due them. COUNCILMEMBERS/DIRECTORS: NONE Moved by Mayor Moses, seconded by Councilman Stemrich and Spt bill on unanimously carried by roll call that the City advise our rentrs fees legislators of our support of this bill. The Mayor requested a report from the Police Department on Rpt on calls the number of calls received regarding disturbances caused reed fr by rock quarry operations in the City. He also requested noise probs the names of the companies that were in violation. quarries Moved by Mayor Moses, seconded by Councilman Latta and Ajd to CRA unanimously carried by roll call to adjourn to the Redevelopment Agency. THE CITY COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY AT 10:13 P.M. THE CITY COUNCIL RECONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 10:18 P.M. Councilman/Director Stemrich 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 CLOSED SESSION ON JUNE 6, 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 Councilman/Director Stemrich, seconded by Councilmember/Director Narnajo 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 TIME OF RECESS TO CLOSED SESSION: 10:19 P.M. THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED AT 10:53 P.M. 'Agency Counsel advised that the Redevelopment Agency item regarding optioning a 12.7 acre parcel at the southwest corner of Todd Avenue and Foothill Boulevard from Ca1Mat Properties was discussed in Closed Session. Ca1Mat has agreed, in concept, to consider the Agency's option for a period of ninety (90)days for the sum of $100,000.00, to enable the Agency to work out a deal with a proposed developer for the site. The Agency would be able to have the money returned if the soils condition or if the title was not acceptable for the proposed development. 06/06/88 PAGE FOURTEEN Reconvened w/CRA Res. #8434 Closed Sess Recess to Closed Sess Reconvened Comments Agency Cnsl re: propty @ Todd & Fthl. There being no further discussion, Director Avila offered a resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE. CITY OF Res. #464 AZUSA APPROVING THAT CERTAIN OPTION AGREEMENT BETWEEN THE (Agency) AGENCY AND CALMAT PROPERTIES, A CALIFORNIA CORPORATION, FOR appvng CERTAIN PROPERTY LOCATED AT THE SOUTHWEST CORNER OF FOOTHILL option agmt BOULEVARD AND TODD AVENUE WITHIN THE WEST END REDEVELOPMENT Ca1Mat PROJECT AREA. Executive Director interjected that the option agreement should also include engineering feasibility contingencies, and will be incorporated into the agreement. It was then moved by Director Avila, seconded by Director Naranjo to waive further reading and adopt the resolution. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Moved by Councilman/Director Stemrich, seconded by Mayor/Chairman Moses and unanimously carried by roll call to convene the Industrial Development Authority and to adjourn the Industrial Development Authority, Redevelopment Agency and the City Council to a Budget meeting to be held on June 14, 1988, at 6:00 P.M. in the Azusa WomanIs Club. TIME OF 11:00 P.M. NEXT RESOLUTION NO. 8435 NEXT ORDINANCE NO. 2372 06/06/88 PAGE FIFTEEN Agmt to include eng. feasibility contingencies Convene IDA & ajd CRA IDA & Cncl to 6/14 @ Woman's Club