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HomeMy WebLinkAboutMinutes - July 18, 1988 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 18, 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 Robert Flagg of the Invocation First Presbyterian Church. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT Also Present City Attorney Thorson, City Administrator Fuentes, Chief of Police/Assistant City Administrator Wood, Director of Finance Craig, Director of Community Development Bruckner, Director of Community Services Guarrera, Utilities Director Hsu, City Librarian Alaniz, City Engineer Spindel, Redevelopment Manager Steel, Redevelopment Project Analyst Katchen-Gall, Business License Officer Allen, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Lara. CEREMONIAL Ceremonial Youth Exchange Students from Zacatecas and their chaperone, Youth Exchang Areti Kusulas De La Torre, were introduced to'the Council. students Greetings were given by all Councilmembers, and then gifts were presented to the Youth Exchange students from Zacatecas and Azusa students and chaperone Nancy Solem, who will be visiting Zacatecas at the end of this week. A plaque commending Joseph Guarrera, Jr. for outstanding Plaque to J. heroism was presented by the whole Council. Guarrera, Jr. The CONSENT CALENDAR consisting of Items 1 through 18 was Cons Cal approved by motion of Councilwoman Avila, seconded by appvd, F-10 Councilman Latta, and unanimously carried by roll call Spec Call vote, with the exception of Item F-10, which was considered under the Special Call portion of the Agenda. 1. Minutes of the regular meeting of July 5, 1988, were Min appvd approved as written. 2. Bid opening was held in the City Clerk's Office on Rebidding July 11th, for Project No. 690, Ninth Street and San Proj. 690 Gabriel Avenue traffic signal and curb returns. Two bids were received from Steiny & Co., Inc., and Damon Construction Co. The low bid was 35% higher than the estimated cost. This project is being performed under cooperative agreement with Caltrans, and due to the increased costs, staff was directed to proceed with NAME STATUS J. Duquene PermStat/Step 2 07/11/88 amending the agreement with Caltrans to reflect changes. Further, both bids were rejected, and the City Clerk directed to return bidders' gurantees and to M. Gurbada Step 4 07/08/88 re -advertise the project. 3. Attorneys representing the resale cities have Settlement successfully negotiated with Edison on items which Agmt w/Edison resulted in reduction of wholesale rates from 1/1/87 through 5/31/87. The refund to Azusa under this waived for agreement is estimated at $51,000. Refund checks will Cerritos and Arrow Highway, by providing a 2 second be issued 15 days after the Commission approves the agreement. The Settlement Agreement was approved and @ Cerritos its execution authorized. this, it is required to install a new controller 4. Employee step increase and permanent status Emp step inc. recommendations were approved for the following: perm. status NAME STATUS 9. Project No. 755-88, installation of a steel carport at Notice of the Light and Water Department, has been completed by Comp. Proj. Metro Steel Products to the satisfaction of staff. The 755-88 project was approved and the Mayor authorized to execute the Notice of Completion, and the City Clerk directed to have same recorded. 10. SPECIAL CALL ITEM. Spec Call ' 11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8468 ESTABLISHING A NEW CLASSIFICATION OF DEPUTY CITY Dep Cty Eng ENGINEER AND ESTABLISHING A SALARY THEREFOR. class. The resolution establishes an in-house City Engineer in lieu of our current contract engineer. M 12. The contractor for Project No. 87-742, crack sealing of Notice of San Gabriel Avenue, has completed the work to the Comp. Proj. satisfaction of the Engineering Division and Caltrans. 87-742 07/18/88 PAGE TWO J. Duquene PermStat/Step 2 07/11/88 K. Raley Step 5 07/16/88 M. Gurbada Step 4 07/08/88 G. Nabarette Step 5 07/16/88 5. At the request of the Police Department, it is prcf_osed Frml bids to upgrade the operation of the traffic signal at waived for Cerritos and Arrow Highway, by providing a 2 second controller delay on all red in all directions. In order to do @ Cerritos this, it is required to install a new controller and Arrow cabinet and wire in a city furnished controller. In order to expedite the process, formal bidding procedures were waived pursuant to the Municipal Code and authorization given to solicit informal bids for the installation of the controller, at an estimated cost of $5,500.00. 6. The Light and Water Department recently took delivery 1977 Ford of a 1988 bucket truck. This truck replaces a 1977 trk declared diesel bucket truck which is no .longer needed. The surplus 1977 truck was declared surplus property and staff was authorized to solicit formal bids through American Equipment Sales, a utility equipment brokerage firm for disposition of said truck. 7. Resignation of Community Service Officer Connie Resign. Kunkler, effective July 21, 1988, was accepted. C. Kunkler 8. Resignation of probationary Police Clerk I, Amparo Resign. Berumen, effective June 27, 1988, was accepted. A. Berumen 9. Project No. 755-88, installation of a steel carport at Notice of the Light and Water Department, has been completed by Comp. Proj. Metro Steel Products to the satisfaction of staff. The 755-88 project was approved and the Mayor authorized to execute the Notice of Completion, and the City Clerk directed to have same recorded. 10. SPECIAL CALL ITEM. Spec Call ' 11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8468 ESTABLISHING A NEW CLASSIFICATION OF DEPUTY CITY Dep Cty Eng ENGINEER AND ESTABLISHING A SALARY THEREFOR. class. The resolution establishes an in-house City Engineer in lieu of our current contract engineer. M 12. The contractor for Project No. 87-742, crack sealing of Notice of San Gabriel Avenue, has completed the work to the Comp. Proj. satisfaction of the Engineering Division and Caltrans. 87-742 07/18/88 PAGE TWO JOINT PUBLIC HEARING - on the proposed sale of certain real Joint Pub property in the West End Redevelopment Project Area; Hrg - Price proposed Owner Participation Agreement and certification of Company 4the Negative Declaration for the Price Company development. The Mayor/Chairman declared the Hearing open. The City Hrg opened Clerk/Secretary read the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on 'June 29th and July 6th, 1988. City Administrator/Executive Director Fuentes stated that Staff staff has been working with the Price Company for a number testimony of months to develop a discount retail shopping center. In order to do this the Agency has to acquire the property at the southwest corner of Todd Avenue and Foothill Boulevard from Ca1Mat Properties. Further, a loan from the Price Company to achieve the development is to be repaid by sales and use tax. 07/18/88 PAGE THREE The City has administered this project for Caltrans, with all costs being borne by the state. The project was approved; the Mayor authorized to execute the Notice of Completion, and the City Clerk directed to have same recorded. 13. The City Treasurer's Financial Statement, showing a Cty Treas. balance of $11,825,384.38, as of June 30, 1988, was Fin. stment received and filed. ' 14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REVISING THE CLASS SPECIFICATIONS FOR THE Res. #8469 specs for CLASSIFICATION OF ASSISTANT CITY ADMINISTRATOR. Asst C.A. 15. Notification was given that a protest hearing would be Weed abate - held on August 1, 1988, regarding weed abatement charge ment charges lists which need to be confirmed by the Council at that next mtg time. 16. The City's Service Agreement with the administrator of Agmt w/Carl the City's liability self-insurance program with Carl Warren Warren and Company expired June 30, 1988. The company has proposed a small change in fees, which are slight and conform with the current service rate charged to non -contract clients. The agreement for fiscal year 1988-89 was approved and its execution authorized. 17. Bid opening was held in the City Clerk's Office on July Rebidding 11th, for Project D7038, downtown parking lot Proj. D7038 reconstruction. One bid, only, was received from Copp Contracting, Inc. Their bid was $35,000 more than what was originally budgeted for the project. The sole bid was rejected and the City Clerk directed to return the bidder's guarantee. Staff was directed to readvertise the project as individual project activities, specifically: landscaping/irrigation; slurry seal and striping; block wall construction; and, curbs, gutters, and sidewalks. 18. Four separate resolutions authorizing payment of Res. #s 8470, warrants by the city were adopted and entitled: 8471, 8472 & 8473 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Warrants ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. s THE CITY COUNCIL AND -THE REDEVELOPMENT AGENCY CONVENED Cncl & CRA JOINTLY AT 7:58 P.M. convened jointly JOINT PUBLIC HEARING - on the proposed sale of certain real Joint Pub property in the West End Redevelopment Project Area; Hrg - Price proposed Owner Participation Agreement and certification of Company 4the Negative Declaration for the Price Company development. The Mayor/Chairman declared the Hearing open. The City Hrg opened Clerk/Secretary read the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on 'June 29th and July 6th, 1988. City Administrator/Executive Director Fuentes stated that Staff staff has been working with the Price Company for a number testimony of months to develop a discount retail shopping center. In order to do this the Agency has to acquire the property at the southwest corner of Todd Avenue and Foothill Boulevard from Ca1Mat Properties. Further, a loan from the Price Company to achieve the development is to be repaid by sales and use tax. 07/18/88 PAGE THREE Redevelopment Manager Steel advised that the present Price Club site will be expanded to include a new price Club, a remodeled 111,600 square foot facility for a retail tenant, two freestanding pads and 10,850 square feet of ancillary retail space and a new 45,000 square foot retail store. Further, that it would be necessary to vacate Todd Avenue as its use was only necessary for the Price Club and Ca1Mat. He also stated that if the Price Company did not perform, the loan would not have to be repaid. Testimony was solicited from the public, but none received. Moved by Councilman/Director Latta, seconded by Councilman/Director Stemrich and unanimously carried by roll call to close the hearing. Director Latta offered a resolution entitled: No other testimony Hrg closed A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT Res. #480 AGENCY OF THE CITY OF AZUSA CERTIFYING THE NEGATIVE certifying DECLARATION FOR THE OWNER PARTICIPATION AGREEMENT BETWEEN Neg Dec THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND THE PRICE COMPANY, A CALIFORNIA CORPORATION, DATED AS OF JULY 18, 1988. Moved by Director Latta, seconded by Director Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Councilman Stemrich offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8474 APPROVING THAT CERTAIN AGREEMENT ENTITLED "OWNER appvng OPA PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT w/Price Co. AGENCY OF THE CITY OF AZUSA AND THE PRICE COMPANY, A CALIFORNIA CORPORATION." Moved by Councilman Stemrich, seconded by Councilman Latta, 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 Director Stemrich offered a resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT Res. #481 AGENCY OF THE CITY OF AZUSA APPROVTNG THAT CERTAIN AGREEMENT appvng OPA ENTITLED "OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE w/Price Co. REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND THE PRICE COMPANY, A CALIFORNIA CORPORATION." 'Moved by Director Stemrich, seconded by Director Avila to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Director Latta offered a resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING THE BASIC CONCEPT DRAWINGS FOR THE PRICE COMPANY PROJECT. 07/18/88 PAGE FOUR Res. #482 appvng basic con- cept drawings Moved by Director Latta, seconded by Director Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Director Stemrich offered an Ordinance entitled: 'AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ENACTING A SALES AND USE TAX FOR THE WEST END REDEVELOPMENT PROJECT AREA. Moved by Director Stemrich, seconded by Director Latta to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Agency: AYES: DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Councilman Latta offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING SECTION 3.28.170 TO THE AZUSA MUNICIPAL CODE RELATING TO SALES AND USE TAX PAYMENT CREDITS. Moved by Councilman Latta, seconded by Councilman Naranjo 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 Councilman Stemrich offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AN AGREEMENT WITH THE AZUSA REDEVELOPMENT AGENCY OF THE CITY OF AZUSA RE TRANSFERRED SALES AND USE TAXES. Moved by Councilman Stemrich, seconded by Councilman Latta, 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 Director Avila offered a resolution entitled: A RESOLUTION OF THE BOARD OF.DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING AN AGREEMENT WITH THE CITY OF AZUSA RE TRANSFERRED SALES AND USE TAXES. Moved by Director Avila, seconded by Director Latta to waive 'further reading and adopt. Resolution passed and adopted by the following vote of the Agency: Ord. #1 enacting sales & use tax (CRA) Ord. #2372 re: sales & use tax (Council) Res. #8475 appvhg agmt w/CRA re: sales tax Res. #483 appvng agmt w/City re: sales tax AYES: DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Presentation was made by Ron Ballard of Burr Baldwin, Jr., Presentation Inc., regarding land reclamation/transformation proposal. land recla- He discussed the possibility of transforming the pit adja- mation & cent to the Price Company development, and doing this in transforma- conjunction with the City of Irwindale. tion 07/18/88 PAGE FIVE Mr. Ballard then introduced Robert Flores of Kemmerer Engineering who spoke of work he has done in the past creating new developments from land reclamation sites. Discussion was held between the Council/Agency and Mr. Ballard with regard to Ca1Mat owning site in question. Further, if the City of Irwindale had been approached. Also, drainage of water in the pit and problems of fill-in. No action was taken by the Council/Agency. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT 8:38 P.M. THE CITY COUNCIL AT 8:45 P.M. THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Councilman Stemrich offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF JUAN F. GUTIERREZ, ET AL. AND AFFIRMING THE FINDING OF A PUBLIC NUISANCE AND ORDER OF ABATEMENT FOR THE PROPERTY LOCATED AT 134 N. AZUSA AVENUE (CITY NUISANCE CASE NO. 88-144). Moved by Councilman Stemrich, seconded by Councilman Latta 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 An informal Hearing was held before the City Council on this item on May 16th, and continued to June 20th, 1988. City Administrator apprised Council that the following Ordinances were proposed revenue measures to be placed on the November ballot which were dicussed at a study session in June. He further stated that Council had directed staff to research the square footage tax and that after meetings with the Chamber of Commerce, this proposed tax was abandoned and in its place a flat business license fee increase of $40.00 was proposed. He stated that this fee was amicably reached through negotiations with the Chamber. Councilman Naranjo offered an Ordinance entitled: No action Cncl recessed Agency cont. Reconvened No bus IDA Ord./Spec.Res Res. #8476 denying pub nuis. 88-144 Revenue measures 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING 1st rdg Ord SECTION 5.12.150 TO THE AZUSA MUNICIPAL CODE ESTABLISHING AN multiuser OFFSITE, MULTIUSER HAZARDOUS WASTE FACILITIES TAX AND haz.waste PROVIDING FOR AN ELECTION THEREON. tax Moved by Councilman Naranjo, and unanimously carried by reading and introduce. seconded by Councilman Latta roll call to waive further Councilman Stemrich offered an Ordinance entitled: 07/18/88 PAGE SIX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st rdg Ord AMENDING SECTION 5.12.120 OF THE AZUSA MUNICIPAL CODE inc. sanitary INCREASING THE SANITARY LANDFILL AND DISPOSAL TAX AND landfill tax PROVIDING FOR AN ELECTION THEREON. Moved by Councilman Stemrich, seconded by Councilman Latta and unanimously carried by roll call to waive further reading and introduce. The next item dealing with transient occupancy tax was TO tax 8% discussed with consideration of amending the percentage tax not 10% from 10% to 8%. motion died for lack of Moved by Mayor Moses that percentage tax be amended to 8% on second transient occupancy tax. Motion died for the lack of a second. Councilman Naranjo then offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st rdg Ord AMENDING SECTION 3.32.030 OF THE AZUSA MUNICIPAL CODE inc. TO tax INCREASING THE TRANSIENT OCCUPANCY TAX AND TO AMEND THE DEFINITIONS OF "TAX ADMINISTRATOR" AND "TRANSIENT" AND PROVIDING FOR AN ELECTION THEREON. Moved by Councilman Naranjo, seconded by Councilman Latta rdg waived and unanimously carried by roll call to waive further reading. Moved by Councilman Naranjo, seconded by Councilwoman Avila and carried by roll call to introduce said Ordinance. Mayor Moses dissenting. The next item dealing with a flat business license fee rather than square footage tax was discussed. Mr. John Lambrecht and Mr. Albert Delgado, Chamber of Commerce Board Members and Mr. Dennis Conner, Chamber President, addressed Council stating that they met with staff and discussed this proposed tax. They felt that the discussions were very fruitful and extremely productive. They stated that the staff and the Chamber came up with a workable solution to the square footage tax and that the $40.00 flat fee was agreeable by them. They commended staff for their commitment to and involvement with the Chamber in reconciling this matter. Councilwoman Avila then offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 5 OF THE AZUSA MUNICIPAL CODE, BUSINESS LICENSES AND REGULATIONS, BY THE ADDITION THERETO OF SECTION 5.08.185 RELATING TO THE ADDITION OF A FLAT FEE ON BUSINESS LICENSE TAXES AND AMENDING SECTION 5.08.240 OF THE AZUSA MUNICIPAL CODE ESTABLISHING AN ANNUAL PERCENTAGE INCREASE IN CERTAIN BUSINESS LICENSES AND OTHER TAXES, PROVIDING FOR DESIGNATION OF DEPOSIT OF REVENUES, AND PROVIDING FOR AN ELECTION THEREON. Moved by Councilwoman Avila, seconded by Councilman Latta 'and unanimously carried by roll call to waive further reading and introduce. Councilman Naranjo offered an Ordinance entitled: Ord intro- duced Flat fee for bus. lic. no sq. footage tax was discussed w/Chamber 1st rdg Ord flat fee inc. bus. lic. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st rdg Ord AMENDING SECTIONS 3.40.010 AND 3.40.030 OF THE AZUSA Admissions MUNICIPAL CODE ESTABLISHING ADMISSIONS TAXES FOR CERTAIN tax EVENTS AND PROVIDING FOR AN ELECTION THEREON. Moved by Councilman Naranjo, and unanimously carried by reading and introduce. seconded by Councilman Latta roll call to waive further 07/18/88 PAGE SEVEN Councilman Naranjo offered an Ordinance entitled: AN ORDINANCE OF THE CITY OF AZUSA ADDING SECTION 3.44.010 TO 1st rdg Ord THE AZUSA MUNICIPAL CODE RELATING TO AN ANNUAL INCREASE IN CIP incrs RATES OF CERTAIN TAXES BASED UPON THE COST OF LIVING AND PROVIDING FOR AN ELECTION THEREON. Moved by Councilman Naranjo, seconded by Councilman Latta and unanimously carried by roll call to waive further reading and introduce. The following resolutions presented were for formal action placing these revenue measures on the November ballot. City Attorney apprised that additionally there was an advisory vote relating to safe and sane fireworks on the ballot and also corrected the wording of the ballot measure dealing with transient occupancy tax. Councilman Stemrich offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8477 ORDERING, CALLING, PROVIDING FOR, AND GIVING NOTICE OF A calling for SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON election on NOVEMBER 8, 1988, FOR THE PURPOSE OF SUBMITTING TO THE 11/8/88 QUALIFIED VOTERS OF SAID CITY ORDINANCES RELATING TO GENERAL TAXES AND AN ADVISORY MEASURE RELATING TO FIREWORKS AND CONSOLIDATING SAID ELECTION WITH THE STATE, TO BE HELD ON SAID DATE. Moved by Councilman Stemrich, seconded by Councilman Latta 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 Councilman Naranjo offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,. Res. #8478 CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE req. Bd of COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL Supervisors ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 8, 1988, WITH to consoli- THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE date w/state PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE. election Moved by Councilman Naranjo, seconded by Councilman Stemrich 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 Councilman Stemrich offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, Res. 18479 'CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A certain WRITTEN ARGUMENT REGARDING CITY MEASURES AND DIRECTING THE members to CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES. prepare arguments Moved by Councilman Stemrich, seconded by Councilman Latta 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 07/18/88 PAGE EIGHT Councilwoman Avila offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, Res. #8480 CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS rebuttal FOR CITY MEASURES SUBMITTED AT THE SPECIAL MUNICIPAL arguments ELECTION OF NOVEMBER 8, 1988. Moved by Councilwoman Avila, seconded by Councilman Stemrich 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 Discussion was held regarding the wording on the advisory Discussion measure dealing with safe and sane fireworks. It was felt of wording of that possibly using the plural "holidays" rather than advisory "holiday" could be used, which would mean, in essence, measure on subsequent fourth of July holidays, until the sale of fireworks fireworks was banned by the State. City Attorney advised that in his impartial analysis of the measure he would address that provision. SCHEDULED ITEMS Sched. Items PUBLIC HEARING - on the intent to vacate a portion of Todd Pub Hrg Avenue, south of Foothill Blvd., pursuant to Sections 8320 - vacation of 8325 of the Streets and Highway Code. Todd Ave. The Mayor declared the Hearing open. The City Clerk read Hearing affidavit of proof of publication of notice of said hearing opened 'published in the Azusa Herald on June 29th and July 6th, 1988, as well as the affidavit of proof of posting said property on July 1, 1988. Community Development Director Bruckner addressed this item Testimony stating that the vacation of Todd would effectuate the Price from staff Club's proposed expansion. The vacation is subject to all terms and conditions of the Owner Participation Agreement between the Redevelopment Agency and the Price Company. Mr. Art Morales addressed the Council, however, it was not Comments on the issue at present. He questioned when the public A. Morales could address the revenue issues that had been discussed and not on issue was advised that they could do so under the public participation portion of the Agenda. There being no further testimony, it was moved by Councilman No other Latta, seconded by Councilman Naranjo and unanimously testimony carried by roll call to close the hearing. Hrg closed Councilman Stemrich offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8481 VACATING THE STREET KNOWN AS TODD AVENUE SOUTH OF FOOTHILL vacating BOULEVARD. Todd 'Moved by Councilman Stemrich, seconded by Councilman Latta 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 Res to be The resolution will be recorded in accordance with the terms recorded of the Owner Participation Agreement between the Agency and per OPA the Price Company. 07/18/88 PAGE NINE Mr. Tucker addressed the Council stating that he needed time Mr. Tucker to research and install permanent steps or a combination testimony ramp and steps to the mobile home which would house his mother, and requested 30 days to do this. He was advised that staff could give him information on various contractors who would install the steps and that it could be done within a two week period. Mrs. Alma Herzog addressed the Council stating that when Comments this variance was originally approved the Planning A. Herzog Commission set down conditions that had never been complied with. That Mr. Tucker's residence is roach and rat infested and that he was told to have it fumigated. The weeds on the p•operty were finally cut down this week. He was also a<•vised that one mobile home could be kept on the property as long as it was placed on a cement foundation. Mr. Bruckner advised that if there was a rat and roach Staff problem then the Health Department could be called to comments investigate. Mrs. Patricia Robinson addressed this item stating that if Comments there were all these problems that Code Enforcement should P. Robinson be on top of it and not have it take so long to rectify. Mrs. Alma Herzog questioned the cement foundation and was advised of mobile home standards. Moved by Mayor Moses, seconded by Councilman Stemrich and unanimously carried by roll call to close the hearing. Moved by Councilman Stemrich, seconded by Councilman Latta and unanimously carried by roll call that applicant be given 'two weeks time to complete installation of the steps. That one of the conditions of approval be that he clean the yard, plant grass and maintain it; further that the Health Department be called to investigate allegations of rats and roaches; and, further, that Code Enforcement or a member of staff make weekly checks and report to the Council, on the property to ascertain occupancy of the mobile home. I£ anyone other than his mother was occupying the premises, then immediate action be taken to enforce the Code. City Attorney was also directed to prepare resolutions approving the variance with conditons, if applicant complied and another resolution revoking the variance for non compliance. 07/18/88 PAGE TEN A. Herzog Hrg closed App given 2 weeks to comply PUBLIC HEARING - on possible revocation of Variance, Case Pub Hrg No. V-907, Carroll W. Tucker, to allow a second dwelling V-907 unit under the deep lot ordinance on the property located at revocation 234 S. Virginia Avenue. 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 July 6th and affidavit of proof of posting said property on July 8th, 1988. 'Director of Community Development Bruckner addressed this Staff item stating that the variance was originally approved by testimony the Planning Commission on July 9, 1986. At that time, Mr. Tucker had a trailer and a fifth -wheel camper located on the rear of his property, both of which were illegally occupied. one of the conditions of the variance was that these trailers had to be removed. One trailer was removed, but the fifth -wheel was still occupied. As of this date, the fifth -wheel has been removed and therefore, it was recommended that Air. Tucker be given two weeks additional time to comply with building permit approvals and that the variance not be revoked. He further stated that because the property was not properly maintained, that one of the conditions of approval could state that the property be maintained according to City standards. Mr. Tucker addressed the Council stating that he needed time Mr. Tucker to research and install permanent steps or a combination testimony ramp and steps to the mobile home which would house his mother, and requested 30 days to do this. He was advised that staff could give him information on various contractors who would install the steps and that it could be done within a two week period. Mrs. Alma Herzog addressed the Council stating that when Comments this variance was originally approved the Planning A. Herzog Commission set down conditions that had never been complied with. That Mr. Tucker's residence is roach and rat infested and that he was told to have it fumigated. The weeds on the p•operty were finally cut down this week. He was also a<•vised that one mobile home could be kept on the property as long as it was placed on a cement foundation. Mr. Bruckner advised that if there was a rat and roach Staff problem then the Health Department could be called to comments investigate. Mrs. Patricia Robinson addressed this item stating that if Comments there were all these problems that Code Enforcement should P. Robinson be on top of it and not have it take so long to rectify. Mrs. Alma Herzog questioned the cement foundation and was advised of mobile home standards. Moved by Mayor Moses, seconded by Councilman Stemrich and unanimously carried by roll call to close the hearing. Moved by Councilman Stemrich, seconded by Councilman Latta and unanimously carried by roll call that applicant be given 'two weeks time to complete installation of the steps. That one of the conditions of approval be that he clean the yard, plant grass and maintain it; further that the Health Department be called to investigate allegations of rats and roaches; and, further, that Code Enforcement or a member of staff make weekly checks and report to the Council, on the property to ascertain occupancy of the mobile home. I£ anyone other than his mother was occupying the premises, then immediate action be taken to enforce the Code. City Attorney was also directed to prepare resolutions approving the variance with conditons, if applicant complied and another resolution revoking the variance for non compliance. 07/18/88 PAGE TEN A. Herzog Hrg closed App given 2 weeks to comply In compliance with the State Environmental Quality Act, the EIR discussed final Environmental Impact Report for the construction of a Reserv. site reservoir at Pioneer Park was presented for Council and public comment. Mayor Moses abstained from the proceedings and left the Moses Council table. abstained Mayor Pro -tem Naranjo chaired this item. Naranjo chaired City Attorney apprised Council that the EIR had been distributed to various state and governmental agencies for review. The review period has expired and no major objections were received. The EIR was being presented to Council and the public for comments or questions, and that in two weeks Council would be requested to take formal action on the EIR and whether or not to proceed with the reservoir project. The only comment made was by Councilwoman Avila who stated Comments that she could not endorse the EIR, as she was not in favor Avila of a reservoir under any City park or facility where families congregate or children play. No action taken. No action Mayor Moses returned to the Council table. Moses retnd SPECIAL CALL ITEMS Spec Call Councilman Stemrich addressed item regarding the feasibility Ultralight of an ultralight aircraft program for the Police Department. aircraft The cost to implement the program is $20,000 which would cont. to come from seized narcotic money. This cost would purchase 8/1/ mtg the aircraft, spare engine and parts, and would cover the cost of training the pilots and preparing the landing site. Moved by Councilman Stemrich, seconded by Councilman Naranjo and unanimously carried by roll to continue this item to the next Council meeting so that staff could provide further information. PUBLIC PARTICIPATION Pub.Prtc. Mr. Frank Prado addressed the Council stating that he had a Comments petition from the residents in the area of 4th and Barbara F. Prado requesting curbs and gutters at that location. Since funds curbs & had not been budgeted for this project, it was consensus of gutters Council to refer the matter to staff for Engineer's estimate of cost and availability of funds. Ms. Margaret Hobarth addressed Council requesting funds for Comment the YWCA sponsored program, WINGS, which is a shelter for M. Hobarth battered women and children. Presently, they are trying to WINGS raise funds to build a new and larger shelter in order to accommodate more women in need. No action taken by Council. Mr. Phil Weatherwax addressed Council stating that the triangle area at San Gabriel Canyon Road and Sierra Madre is in need of weed abatement and wondered if the City could get the property owner to clean up the area. He further asked if lawn or trees could be planted on the island which divides traffic on San Gabriel Canyon at the corner of Sierra Madre. It was consensus of Council that the matter be referred to staff. 07/18/88 PAGE ELEVEN P. Weatherwax weeds @ tri- angle, etc. Mr. Don Robinson addressed Council seeking assistance with a D. Robinson problem he and his neighbors were having regarding noise noise from emanating from Electronic Material Corporation. The noise Electronic continues on through the night. Further, the facility is Material used around the clock and noise from vehicles and revving Corp. motors is very offensive. It was consensus of Council that this matter be referred to staff. Mrs. Patricia Robinson addressed the Council on this same P. Robinson issue and elaborated more extensively on the noise caused by commments the air conditioners going all night long. She also stated on noise that the company has no parking facilities for their employees. She was concerned, also, that when she calls the Police regarding the noise problems they are loathe to take a report. Mr. Louis Morales addressed the Council requesting what L. Morales steps to take to get approval for enlarging the announcer's use of dog booth at the American Little League field, and also pound requested the use of the now defunct dog pound for storage of equipment. He stated that their group would rebuild the pound and it would be an asset to Zacatecas Park. He was advised procedures to follow for approval of plans for the booth and the other matter was referred to staff for evaluation. Mr. Howard Kennedy, representing the Carefree Home Owners' H. Kennedy Association, read letter to Council regarding deplorable weed probs condition of parkways at Sierra Madre and requesting that @ Sierra the City take steps to maintain them. He also commended the Madre Police Chief and thanked him for sending representatives from the department to speak to their homeowners' association meeting. Mr. Rick Phipps, representing the Action Committee to Save R. Phipps Azusa Greens, addressed Council stating that since their comments group was responsible for the passage of Proposition B on Az Greens the ballot with regard to the Azusa Greens issue, he was litigation appalled that they were not notified of the suit against the City by Mr. Johnson. He was apprised that the City was involved in litigation with Mr. Johnson regarding the zoning issue, but that staff was unaware that their group should be contacted. Mr. Ed Trujillo requested to address Council regarding his E. Trujillo building not being zoned for upholstery work, however, the to work w/ time for public participation had been exceeded. Staff did staff for apprise Council that his problem was being considered and new bldg investigated at present and that they would work with Mr. Trujillo to secure him a new location for his business. Moved by Mayor Moses that public participation be amended to Amend pub 60 minutes. As this was not an Agenda item, it will be prtcptn on placed on the Agenda for the next meeting for consideration. next Agenda The time alloted for public participation having exceeded Appv extnd. thirty (30) minutes, it was moved by Councilwoman Avila, time for pub seconded by Mayor Moses and carried by roll call, to extend prtcptn the time to allow those people with cards to speak for two minutes each. Councilman Naranjo dissenting. Mr. Ronald Legault addressed Council stating that at the Comments last meeting he voiced his opinion against the "Save the R. Legault Foothills" committee and since learning more about that group felt that it was a good project and wished to publicly apologize to them. 07/18/88 PAGE TWELVE OTHER BUSINESS/CITY COUNCIL Oth Bus/Cncl Moved by Councilman Stemrich, seconded by Councilman Latta Bronze Plaque and unanimously carried by roll call that a bronze plaque Al Rocha be installed dedicating the American Little League field for field Al Rocha. Moved by Director Naranjo, seconded by Director Latta and Neg w/DeRosa unanimously carried by roll call that staff begin & Zivic for negotiations with DeRosa and Zivic for the development of Cent.Sq dev Centennial Square. Moved by Councilman/Director Latta, seconded by Adjourn Councilmember/Director Stemrich and unanimously carried to adjourn. TIME OF ADJOURNMENT: 11:53 P.M. CI CLERK NEXT RESOLUTION NO. 8483 NEXT ORDINANCE NO. 2373 07/18/88 PAGE THIRTEEN Discussion was held regarding City Park renovation, and City Park A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA possibility of putting in a band shell. Plans call for renovation Closed Sess which would replace the need for a band shell. discussion 'gazebos 1988, PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT Convened SECTION 54956.9(a), AND (b). AGENCY AT 11:08 P.M. w/CRA Moved by Director Naranjo, seconded by Director Latta and Neg w/DeRosa unanimously carried by roll call that staff begin & Zivic for negotiations with DeRosa and Zivic for the development of Cent.Sq dev Centennial Square. Moved by Councilman/Director Latta, seconded by Adjourn Councilmember/Director Stemrich and unanimously carried to adjourn. TIME OF ADJOURNMENT: 11:53 P.M. CI CLERK NEXT RESOLUTION NO. 8483 NEXT ORDINANCE NO. 2373 07/18/88 PAGE THIRTEEN Councilman/Director Latta offered a resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8482 AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Closed Sess THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON JULY 18, 1988, PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a), AND (b). Moved by Councilman/Director Latta, seconded by Councilmember/Director Naranjo 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: 11:09 P.M. Recess to Closed Sess THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED AT Reconvened 11:55 P.M. Moved by Director Naranjo, seconded by Director Latta and Neg w/DeRosa unanimously carried by roll call that staff begin & Zivic for negotiations with DeRosa and Zivic for the development of Cent.Sq dev Centennial Square. Moved by Councilman/Director Latta, seconded by Adjourn Councilmember/Director Stemrich and unanimously carried to adjourn. TIME OF ADJOURNMENT: 11:53 P.M. CI CLERK NEXT RESOLUTION NO. 8483 NEXT ORDINANCE NO. 2373 07/18/88 PAGE THIRTEEN 1 CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 18, 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 Robert Flagg of the Invocation First Presbyterian Church. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT Also Present City Attorney Thorson, City Administrator Fuentes, Chief of 'Police/Assistant City Administrator Wood, Director of Finance Craig, Director of Community Development Bruckner, Director of Community Services Guarrera, Utilities Director Hsu, City Librarian Alaniz, City Engineer Spindel, Redevelopment Manager Steel, Redevelopment Project Analyst Katchen-Gall, Business License Officer Allen, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Lara. CEREMONIAL Ceremonial Youth Exchange Students from Zacatecas and their chaperone, Youth Exchang Areti Kusulas De La Torre, were introduced to the Council. students Greetings were given by all Councilmembers, and then gifts were presented to the Youth Exchange students from Zacatecas and Azusa students and chaperone Nancy Solem, who will be visiting Zacatecas at the end of this week. A plaque commending Joseph Guarrera, Jr. for outstanding Plaque to J. heroism was presented by the whole Council. Guarrera, Jr. The CONSENT CALENDAR consisting of Items 1 through 18 was Cons Cal approved by motion of Councilwoman Avila, seconded by appvd, F-10 Councilman Latta, and unanimously carried by roll call Spec Call vote, with the exception of Item F-10, which was considered 'under the Special Call portion of the Agenda. 1. Minutes of the regular meeting of July 5, 1988, were Min appvd approved as written. 2. Bid opening was held in the City Clerk's Office on Rebidding July 11th, for Project No. 690, Ninth Street and San Proj. 690 Gabriel Avenue traffic signal and curb returns. Two bids were received from Steiny & Co., Inc., and Damon Construction Co. The low bid was 35% higher than the estimated cost. This project is being performed under cooperative agreement with Caltrans, and due to the increased costs, staff was directed to proceed with amending the agreement with Caltrans to reflect changes. Further, both bids were rejected, and the City Clerk directed to return bidders' gurantees and to re -advertise the project. 3. Attorneys representing the resale cities have Settlement successfully negotiated with Edison on items which Agmt w/Edison resulted in reduction of wholesale rates from 1/1/87 through 5/31/87. The refund to Azusa under this agreement is estimated at $51,000. Refund checks will ' be issued 15 days after the Commission approves the agreement. The Settlement Agreement was approved and its execution authorized. 4. Employee step increase and permanent status Emp step inc. recommendations were approved for the following: perm. status NAME STATUS EFFECTIVE J. Duquene PermStat/Step 2 07/11/88 K. Raley Step 5 07/16/88 M. Gurbada Step 4 07/08/88 G. Nabarette Step 5 07/16/88 5. At the request of the Police Department, it is prc„osed Frml bids to upgrade the operation of the traffic signel at waived for Cerritos and Arrow Highway, by providing a 2 second controller delay on all red in all directions. In order to do @ Cerritos this, it is required to install a new controller and Arrow cabinet and wire in a city furnished controller. In order to expedite the process, formal bidding procedures were waived pursuant to the 1•unicipal Code and authorization given to solicit informal bids for the installation of the controller, at an estimated cost of $5,500.00. 6. The Light and Water Department recently took delivery 1977 Ford of a 1988 bucket truck. This truck replaces a 1977 trk declared diesel bucket truck which 1-5 no .longer needed. The surplus 1977 truck was declared surplus property and staff was authorized to solicit formal bids through American Equipment Sales, a utility equipment brokerage firm for disposition of said truck. 7. Red'ignation of Community Service Officer Connie Resign. Kunkler, effective July 21, 1988, was accepted. C. Kunkler 8. Resignation of probationary Police Clerk I, Amparo Resign. Berumen, effective June 27, 1988, was accepted. A. Berumen 9. Project No. 755-88, installation of a steel carport at Notice of the Light and Water Department, has been completed by Comp. Proj. Metro Steel Products to the satisfaction of staff. The 755-88 project was approved and the Mayor authorized to execute the Notice of Completion, and the City Clerk directed to have same recorded. 10. SPECIAL CALL ITEM. Spec Call ' 11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8468 ESTABLISHING A NEW CLASSIFICATION OF DEPUTY CITY Dep Cty Eng ENGINEER AND ESTABLISHING A SALARY THEREFOR. class. The resolution establishes an in-house City Engineer in lieu of our current contract engineer. n 12. The contractor for Project No. 87-742, crack sealing of Notice of San Gabriel Avenue, has completed the work to the Comp. Proj. satisfaction of the Engineering Division and Caltrans. 87-742 07/18/88 PAGE TWO The City has administered this project for Caltrans, with all costs being borne by the state. The project was approved; the Mayor authorized to execute the Notice of Completion, and the City Clerk directed to have same recorded. 13. The City Treasurer's Financial Statement, showing a Cty Treas. balance of $11,825,384.38, as of June 30, 1988, was Fin. stment received and filed. ' 14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8469 REVISING THE CLASS SPECIFICATIONS FOR THE specs for CLASSIFICATION OF ASSISTANT CITY ADMINISTRATOR. Asst C.A. 15. Notification was given that a protest hearing would be Weed abate - held on August 1, 1988, regarding weed abatement charge ment charges lists which need to be confirmed by the Council at that next mtg time. 16. The City's Service Agreement with the administrator of Agmt w/Carl the City's liability self-insurance program with Carl Warren Warren and Company expired June 30, 1988. The company has proposed a small change in fees, which are slight and conform with the current service rate charged to non -contract clients. The agreement for fiscal year 1988-89 was approved and its execution authorized. 17. Bid opening was held in the City Clerk's Office on July Rebidding 11th, for Project D7038, downtown parking lot Proj. D7038 reconstruction. One bid, only, was received from Copp Contracting, Inc. Their bid was $35,000 more than what was originally budgeted for the project. The sole bid was rejected and the City Clerk directed to return the bidder's guarantee. Staff was directed to readvertise the project as individual project activities, specifically: landscaping/irrigation; slurry seal and striping; block wall construction; and,, curbs, gutters, and sidewalks. 18. Four separate resolutions authorizing payment of Res. #s 8470, warrants by the City were adopted and entitled: 8471, 8472 & 8473 ?t A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Warrants r' ALLO6iING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAI -TE ARE TO BE PAID. TflE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED Cncl & CRA JOINTLY AT 7:58 P.M. convened jointly JOINT PUBLIC BEARING - on the proposed sale of certain real Joint Pub property in the West End Redevelopment Project Area; Hrg - Price proposed Owner Participation Agreement and certification of Company the Negative Declaration for the Price Company development. The Mayor/Chairman declared the Hearing open. The City Hrg opened Clerk/Secretary read the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on 29th and July 6th, 1988. 'June City Administrator/Executive Director Fuentes stated that Staff staff has been working with the Price Company for a number testimony of months to develop a discount retail shopping center. In order to do this the Agency has to acquire the property at the southwest corner of Todd Avenue and Foothill Boulevard from CalMat Properties. Further, a loan from the Price Company to achieve the development is to be/repaid by sales and use tax. 07/18/88 PAGE THREE Redevelopment Manager Steel advised that the present Price Club site will be expanded to include a new price Club, a remodeled 111,600 square foot facility for a retail tenant, two freestanding pads and 10,850 square feet of ancillary retail space and a new 45,000 square foot retail store. Further, that it would be necessary to vacate Todd Avenue as its use was only necessary for the Price Club and Ca1Mat. He also stated that if the Price Company did not perform, the loan would not have to be repaid. ' other to Testimony was solicited from the public, but none received. testimony Moved by Councilman/Director Latta, seconded by Hrg closed Councilman/Director Stemrich and unanimously carried by roll call to close the hearing. Director Latta offered a resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA CERTIFYING THE NEGATIVE DECLARATION FOR THE OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND THE PRICE COMPANY, A CALIFORNIA CORPORATION, DATED AS OF JULY 18, 1988. Moved by Director Latta, seconded by Director Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Councilman Stemrich offered a resolution entitled: 'A RESOLUTION OF THE CITY COUNCIL OF APPROVING THAT CERTAIN AGREEMENT PARTICIPATION AGREEMENT BY AND BETWEEN AGENCY OF THE CITY OF AZUSA AND THE CALIFORNIA CORPORATION." Res. #480 certifying Neg Dec THE CITY OF AZUSA Res. #8474 ENTITLED "OWNER appvng OPA THE REDEVELOPMENT w/Price Co. PRICE COMPANY, A Moved by Councilman Stemrich, seconded by Councilman Latta, 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 Director Stemrich offered a resolution entitled: A RESOLUTION OF THE BOARD OF DIRE"GRS OF THE REDEVELOPMENT Res. #481 AGENCY OF THE CITY OF AZUSA APPROV.NG THAT CERTAIN AGREEMENT appvng OPA ENTITLED "OWNER PARTICIPATION AGRE-^717T BY AND BETWEEN THE w/Price Co. REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND THE PRICE COMPANY, A CALIFORNIA CORPORATION." Moved by Director Stemrich, seconded by Director Avila to 'waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Director Latta offered a resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT Res. #482 AGENCY OF THE CITY OF AZUSA APPROVING THE BASIC CONCEPT appvng DRAWINGS FOR THE PRICE COMPANY PROJECT. basic con- cept drawings 07/18/88 PAGE FOUR Moved by Director Latta, seconded by Director Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Director Stemrich offered an Ordinance entitled: 'AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ENACTING A SALES AND USE TAX FOR THE WEST END REDEVELOPMENT PROJECT AREA. Moved by Director Stemrich, seconded by Director Latta to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Agency: AYES: DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Councilman Latta offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING SECTION 3.28.170 TO THE AZUSA MUNICIPAL CODE RELATING TO SALES AND USE TAX PAYMENT CREDITS. Moved by Councilman Latta, seconded by Councilman Naranjo 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 Councilman Stemrich offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AN AGREEMENT WITH THE AZUSA REDEVELOPMENT AGENCY OF THE CITY OF AZUSA RE TRANSFERRED SALES AND USE TAXES. Moved by Councilman Stemrich, seconded by Councilman Latta, 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 Director Avila offered a resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING AN AGREEMENT WITH THE CITY OF AZUSA RE TRANSFERRED SALES AND USE TAXES. Moved by Director Avila, seconded by Director Latta to waive 'further reading and adopt. Resolution passed and adopted by the following vote of the Agency: Ord. #1 enacting sales & use tax (CRA) Ord. #2372 re: sales & use tax (Council) Res. #8475 appvng agmt w/CRA re: sales tax Res. #483 appvng agmt w/City re: sales tax AYES: DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Presentation was made by Ron Ballard of Burr Baldwin, Jr., Presentation Inc., regarding land reclamation/transformation proposal. land recla- He discussed the possibility of transforming the pit adja- mation & cent to the Price Company development, and doing this in transforma- conjunction with the City of Irwindale. tion 07/18/88 PAGE FIVE Mr. Ballard then introduced Robert Flores of Kemmerer Engineering who spoke of work he has done in the past creating new developments from land reclamation sites. Discussion was held between the Council/Agency and Mr. Ballard with regard to Ca1Mat owning site in question. Further, if the City of Irwindale had been approached. Also, drainage of water in the pit and problems of fill-in. ' No action was taken by the Council/Agency. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT 8:38 P.M. THE CITY COUNCIL RECONVENED AT 8:45 P.M. THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Councilman Stemrich offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF JUAN F. GUTIERREZ, ET AL. AND AFFIRMING THE FINDING OF A PUBLIC NUISANCE AND ORDER OF ABATEMENT FOR THE PROPERTY LOCATED AT 134 N. AZUSA AVENUE (CITY NUISANCE CASE NO. 88-144). Moved by Councilman Stemrich, seconded by Councilman Latta 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 An informal Hearing was held before the City Council on this item on May 16th, and continued to June 20th, 1988. City Administrator apprised Council that the following Ordinances were proposed revenue measures to be placed on the November ballot which were dicussed at a study session in June. He further stated that Council had directed staff to research the square footage tax and that after meetings with the Chamber of Commerce, this proposed tax was abandoned and in its place a flat business license fee increase of $40.00 was proposed. He stated that this fee was amicably reached through negotiations with the Chamber. Councilman Naranjo offered an Ordinance entitled: No action Cncl recessed Agency cont. Reconvened No bus IDA Ord./Spec.Res Res. #8476 denying pub nuis. 88-144 Revenue measures 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING 1st rdg Ord SECTION 5.12.150 TO THE AZUSA MUNICIPAL CODE ESTABLISHING AN multiuser OFFSITE, MULTIUSER HAZARDOUS WASTE FACILITIES TAX AND haz.waste PROVIDING FOR AN ELECTION THEREON. tax Moved by Councilman Naranjo, and unanimously carried by reading and introduce. seconded by Councilman Latta roll call to waive further Councilman Stemrich offered an Ordinance entitled: 07/18/88 PAGE SIX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st rdg Ord AMENDING SECTION 5.12.120 OF THE AZUSA MUNICIPAL CODE inc. sanitary INCREASING THE SANITARY LANDFILL AND DISPOSAL TAX AND landfill tax PROVIDING FOR AN ELECTION THEREON. Moved by Councilman Stemrich, seconded by Councilman Latta and unanimously carried by roll call to waive further reading and introduce. next item dealing with transient occupancy tax was TO tax 8% 'The discussed with consideration of amending the percentage tax not 10% from 10% to 8%. motion died for lack of Moved by Mayor Moses that percentage tax be amended to 8% on second transient occupancy tax. Motion died for the lack of a second. Councilman Naranjo then offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st rdg Ord AMENDING SECTION 3.32.030 OF THE AZUSA MUNICIPAL CODE inc. TO tax INCREASING THE TRANSIENT OCCUPANCY TAX AND TO AMEND THE DEFINITIONS OF "TAX ADMINISTRATOR" AND "TRANSIENT" AND PROVIDING FOR AN ELECTION THEREON. Moved by Councilman Naranjo, seconded by Councilman Latta and unanimously carried by roll call to waive further reading. Moved by Councilman Naranjo, seconded by Councilwoman Avila and carried by roll call to introduce said Ordinance. Mayor Moses dissenting. The next item dealing with a flat business license fee 'rather than square footage tax was discussed. Mr. John Lambrecht and Mr. Albert Delgado, Chamber of Commerce Board Members and Mr. Dennis Conner, Chamber President, addressed Council stating that they met with staff and discussed this proposed tax. They felt that the discussions were very fruitful and extremely productive. They stated that the staff and the Chamber came up with a workable solution to the square footage tax and that the $40.00 flat fee was agreeable by them. They commended staff for their commitment to and involvement with the Chamber in reconciling this matter. Councilwoman Avila then offered an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 5 OF THE AZUSA MUNICIPAL CODE, BUSINESS LICENSES AND REGULATIONS, BY THE ADDITION THERETO OF SECTION 5.08.185 RELATING TO THE ADDITION OF A FLAT FEE ON BUSINESS LICENSE TAXES AND AMENDING SECTION 5.08.240 OF THE AZUSA MUNICIPAL CODE ESTABLISHING AN ANNUAL PERCENTAGE INCREASE IN CERTAIN BUSINESS LICENSES AND OTHER TAXES, PROVIDING FOR DESIGNATION OF DEPOSIT OF REVENUES, AND PROVIDING FOR AN ELECTION THEREON. Moved by Councilwoman Avila, seconded by Councilman Latta 'and unanimously carried by roll call to waive further reading and introduce. Councilman Naranjo offered an Ordinance entitled: rdg waived Ord intro- duced Flat fee for bus. lic. no sq. footage tax was discussed w/Chamber 1st rdg Ord flat fee inc. bus. lic. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st rdg Ord AMENDING SECTIONS 3.40.010 AND 3.40.030 OF THE AZUSA Admissions MUNICIPAL CODE ESTABLISHING ADMISSIONS TAXES FOR CERTAIN tax EVENTS AND PROVIDING FOR AN ELECTION THEREON. Moved by Councilman Naranjo, and unanimously carried by reading and introduce. seconded by Councilman Latta roll call to waive further 07/18/88 PAGE SEVEN Councilman Naranjo offered an Ordinance entitled: AN ORDINANCE OF THE CITY OF AZUSA ADDING SECTION 3.44.010 TO THE AZUSA MUNICIPAL CODE RELATING TO AN ANNUAL INCREASE IN RATES OF CERTAIN TAXES BASED UPON THE COST OF LIVING AND PROVIDING FOR AN ELECTION THEREON. Moved by Councilman Naranjo, seconded by Councilman Latta and unanimously carried by roll call to waive further 'reading and introduce. The following resolutions presented were for formal action placing these revenue measures on the November ballot. City Attorney apprised that additionally there was an advisory vote relating to safe and sane fireworks on the ballot and also corrected the wording of the ballot measure dealing with transient occupancy tax. Councilman Stemrich offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ORDERING, CALLING, PROVIDING FOR, AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 8, 1988, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY ORDINANCES RELATING TO GENERAL TAXES AND AN ADVISORY MEASURE RELATING TO FIREWORKS AND CONSOLIDATING SAID ELECTION WITH THE STATE, TO BE HELD ON SAID DATE. Moved by Councilman Stemrich, seconded by Councilman Latta 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 Councilman Naranjo offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 8, 1988, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE. Moved by Councilman Naranjo, seconded by Councilman Stemrich 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: COUPICII24EMBERS: NONE ABSENT: COUNCILIIE14BERS: NONE Councilman Stemrich offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARG1314ENT REGARDING CITY MEASURES AND DIRECTING THE CITY ATTORNEY TO PREPARE IMPARTIAL ANALYSES. Moved by Councilman Stemrich, seconded by Councilman Latta 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: COUNCII14EIlBERS: NONE 07/18/88 PAGE EIGHT 1st rdg Ord CIP incrs Res. #8477 calling for election on 11/8/88 Res. #8478 req. Bd of Supervisors to consoli- date w/state election Res. #8479 certain members to prepare arguments Councilwoman Avila offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, Res. #8480 CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS rebuttal FOR CITY MEASURES SUBMITTED AT THE SPECIAL MUNICIPAL arguments ELECTION OF NOVEMBER 8, 19088. Moved by Councilwoman Avila, seconded by Councilman Stemrich to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCIIMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCIL14EMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Discussion: was held regarding the wording on the advisory Discussion measure dealing with safe and sane fireworks. It was felt of wording of that possibly using the plural "holidays" rather than advisory "holiday" could be used, which would mean, in essence, measure on subsequent fourth of July holidays, until the sale of fireworks fireworks was banned by the State. City Attorney advised that in his impartial analysis of the measure he would address that provision. SCHEDULED ITEMS Sched. Items PUBLIC HEARING - on the intent to vacate a portion of Todd Pub Hrg Avenue, south of Foothill Blvd., pursuant to Sections 8320 - vacation of 8325 of the Streets and Highway Code. close the Todd Ave. The Mayor declared tl--e Hearing open. The City Clerk read Hearing affidavit of proof of publication of notice of said hearing opened in the Azusa Herald on June 29th and July 6th, 'published 1988, as well as the affidavit of proof of posting said property on July 1, 1.988. Community Development Director Bruckner addressed this item Testimony stating that the vacation of Todd would effectuate the Price from staff Club's proposed expansion. The vacation is subject to all terms and conditions of the Owner Participation Agreement between the Redevelopment Agency and the Price Company. Mr. Art Morales addressed the Council, however, it was not Comments on the issue at present. He questioned when the public A. Morales could address the revenue issues that had been discussed and not on issue was advised that� they could do so under the public participation portion of the Agenda. There being no further testimony, it was moved by Councilman No other Latta, seconded by Councilman Naranjo and unanimously testimony carried by roll call to close the hearing. Hrg closed Councilman Stemrich offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA VACATING THE STREET KNOWN AS TODD AVENUE SOUTH OF FOOTHILL BOULEVARD. 'Moved by Councilman Stemrich, seconded by Councilman Latta 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: COUNCIL14EMBERS: NONE The resolution will be recorded in accordance with the terms of the Owner Participation Agreement between the Agency and the Price Company. 07/18/88 PAGE NINE Res. #8481 vacating Todd Res to be recorded per OPA Mr. Tucker addressed the Council stating that he needed time Mr. Tucker to research and install permanent steps or a combination testimony ramp and steps to the mobile home which would house his mother, and requested 30 days to do this. He was advised that staff could give him information on various contractors who would install the steps and that it could be done within a two week period. Mrs. Alma Herzog addressed the Council stating that when Comments this variance was originally approved the Planning A. Herzog Commission set down conditions that had never been complied with. That Mr. Tucker's residence is roach and rat infested and that he was told to have it fumigated. The weeds on the r•operty were finally cut down this week. He was also a,vised that one mobile home could be kept on the property as long as it was placed on a cement foundation. Mr. Bruckner advised that if there was a rat and roach Staff problem then the Health Department could be called to comments investigate. Mrs. Patricia Robinson addressed this item stating that if Comments there were all these problems that Code Enforcement should P. Robinson be on top of it and not have it take so long to rectify. Mrs. Alma Herzog questioned the cement foundation and was advised of mobile home standards. Moved by Mayor Moses, seconded by Councilman Stemrich and unanimously carried by roll call to close the hearing. Moved by Councilman Stemrich, seconded by Councilman Latta and unanimously carried by roll call that applicant be given 'two weeks time to complete installation of the steps. That one of the conditions of approval be that he clean the yard, plant grass and maintain it; further that the Health Department be called to investigate allegations of rats and roaches; and, further, that Code Enforcement or a member of staff make weekly checks and report to the Council, on the property to ascertain occupancy of the mobile home. If anyone other than his mother was occupying the premises, then immediate action be taken to enforce the Code. City Attorney was also directed to prepare resolutions approving the variance with conditons, if applicant complied and another resolution revoking the variance for non compliance. 07/18/88 PAGE TEN A. Herzog Hrg closed App given 2 weeks to comply PUBLIC HEARING - on possible revocation of Variance, Case Pub Hrg No. V-907, Carroll W. Tucker, to allow a second dwelling V-907 unit under the deep lot ordinance on the property located at revocation 234 S. Virginia Avenue. 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 July 6th and affidavit of proof of posting said property on July 8th, 1988. 'Director of Community Development Bruckner addressed this Staff item stating that the variance was originally approved by testimony the Planning Commission on July 9, 1986. At that time, Mr. Tucker had a trailer and a fifth -wheel camper located on the rear of his property, both of which were illegally occupied. one of the conditions of the variance was that these trailers had to be removed. One trailer was removed, but the fifth -wheel was still occupied. As of this date, the fifth -wheel has been removed and therefore, it was recommended that Mr. Tucker be given two weeks additional time to comply with building permit approvals and that the variance not be revoked. He further stated that because the property was not properly maintained, that one of the conditions of approval could state that the property be maintained according to City standards. Mr. Tucker addressed the Council stating that he needed time Mr. Tucker to research and install permanent steps or a combination testimony ramp and steps to the mobile home which would house his mother, and requested 30 days to do this. He was advised that staff could give him information on various contractors who would install the steps and that it could be done within a two week period. Mrs. Alma Herzog addressed the Council stating that when Comments this variance was originally approved the Planning A. Herzog Commission set down conditions that had never been complied with. That Mr. Tucker's residence is roach and rat infested and that he was told to have it fumigated. The weeds on the r•operty were finally cut down this week. He was also a,vised that one mobile home could be kept on the property as long as it was placed on a cement foundation. Mr. Bruckner advised that if there was a rat and roach Staff problem then the Health Department could be called to comments investigate. Mrs. Patricia Robinson addressed this item stating that if Comments there were all these problems that Code Enforcement should P. Robinson be on top of it and not have it take so long to rectify. Mrs. Alma Herzog questioned the cement foundation and was advised of mobile home standards. Moved by Mayor Moses, seconded by Councilman Stemrich and unanimously carried by roll call to close the hearing. Moved by Councilman Stemrich, seconded by Councilman Latta and unanimously carried by roll call that applicant be given 'two weeks time to complete installation of the steps. That one of the conditions of approval be that he clean the yard, plant grass and maintain it; further that the Health Department be called to investigate allegations of rats and roaches; and, further, that Code Enforcement or a member of staff make weekly checks and report to the Council, on the property to ascertain occupancy of the mobile home. If anyone other than his mother was occupying the premises, then immediate action be taken to enforce the Code. City Attorney was also directed to prepare resolutions approving the variance with conditons, if applicant complied and another resolution revoking the variance for non compliance. 07/18/88 PAGE TEN A. Herzog Hrg closed App given 2 weeks to comply In compliance with the State Environmental Quality Act, the EIR discussed final Environmental Impact Report for the construction of a Reserv. site reservoir at Pioneer Park was presented for Council and public comment. Mayor Moses abstained from the proceedings and left the Moses Council table. abstained Mayor Pro -tem Naranjo chaired this item. Naranjo chaired City Attorney apprised Council that the EIR had been distributed to various state and governmental agencies for review. The review period has expired and no major objections were received. The EIR was being presented to Council and the public for comments or questions, and that in two weeks Council would be requested to take formal action on the EIR and whether or not to proceed with the reservoir project. The only comment made was by Councilwoman Avila who stated Comments that she could not endorse the EIR, as she was not in favor Avila of a reservoir under any City park or facility where families congregate or children play. No action taken. No action Mayor Moses returned to the Council table. Moses retnd SPECIAL CALL ITEMS Spec Call Councilman Stemrich addressed item regarding the feasibility Ultralight of an ultralight aircraft program for the Police Department. aircraft The cost to implement the program is $20,000 which would cont. to come from seized narcotic money. This cost would purchase 8/1/ mtg the aircraft, spare engine and parts, and would cover the cost of training the pilots and preparing the landing site. Moved by Councilman Stemrich, seconded by Councilman Naranjo and unanimously carried by roll to continue this item to the next Council meeting so that staff could provide further information. PUBLIC PARTICIPATION Pub.Prtc. Mr. Frank Prado addressed the Council stating that he had a Comments petition from the residents in the area of 4th and Barbara F. Prado requesting curbs and gutters at that location. Since funds curbs & had not been budgeted for this project, it was consensus of gutters Council to refer the matter to staff for Engineer's estimate of cost and availability of funds. Ms. Margaret Hobarth addressed Council requesting funds for Comment the YWCA sponsored program, WINGS, which is a shelter for M. Hobarth battered women and children. Presently, they are trying to WINGS raise funds to build a new and larger shelter in order to accommodate more women in need. No action taken by Council. Mr. Phil Weatherwax addressed Council stating that the triangle area at San Gabriel Canyon Road and Sierra Madre is in need of weed abatement and wondered if the City could get the property owner to clean up the area. He further asked if lawn or trees could be planted on the island which divides traffic on San Gabriel Canyon at the corner of Sierra Madre. It was consensus of Council that the matter be referred to staff. 07/18/88 PAGE ELEVEN P. Weatherwax weeds @ tri- angle, etc. Mr. Don Robinson addressed Council seeking assistance with a D. Robinson problem he and his neighbors were having regarding noise noise from emanating from Electronic Material Corporation. The noise Electronic continues on through the night. Further, the facility is Material used around the clock and noise from vehicles and revving Corp. motors is very offensive. It was consensus of Council that this matter be referred to staff. Mrs. Patricia Robinson addressed the Council on this same P. Robinson issue and elaborated more extensively on the noise caused by commments the air conditioners going all night long. She also stated on noise that the company has no parking facilities for their employees. She was concerned, also, that when she calls the Police regarding the noise problems they are loathe to take a report. Mr. Louis Morales addressed the Council requesting what L. Morales steps to take to get approval for enlarging the announcer's use of dog booth at the American Little League field, and also pound requested the use of the now defunct dog pound for storage of equipment. He stated that their group would rebuild the pound and it would be an asset to Zacatecas Park. He was advised procedures to follow for approval of plans for the booth and the other matter was referred to staff for evaluation. Mr. Howard Kennedy, representing the Carefree Home Owners' H. Kennedy Association, read letter to Council regarding deplorable weed probs condition of parkways at Sierra Madre and requesting that @ Sierra the City take steps to maintain them. He also commended the Madre Police Chief and thanked him for sending representatives from the department to speak to their homeowners' association meeting. Mr. Rick Phipps, representing the Action Committee to Save R. Phipps ' Azusa Greens, addressed Council stating that since their comments group was responsible for the passage of Proposition B on Az Greens the ballot with regard to the Azusa Greens issue, he was litigation appalled that they were not notified of the suit against the City by Mr. Johnson. He was apprised that the City was involved in litigation with Mr. Johnson regarding the zoning issue, but that staff was unaware that their group should be contacted. Mr. Ed Trujillo requested to address Council regarding his E. Trujillo building not being zoned for upholstery work, however, the to work w/ time for public participation had been exceeded. Staff did staff for apprise Council that his problem was being considered and new bldg investigated at present and that they would work with Mr. Trujillo to secure him a new location for his business. Moved by Mayor Moses that public participation be amended to Amend pub 60 minutes. As this was not an Agenda item, it will be prtcptn on placed on the Agenda for the next meeting for consideration. next Agenda The time alloted for public participation having exceeded Appv extnd. thirty (30) minutes, it was moved by Councilwoman Avila, time for pub seconded by Mayor Moses and carried by roll call, to extend prtcptn the time to allow those people with cards to speak for two minutes each. Councilman Naranjo dissenting. ' Mr. Ronald Legault addressed Council stating that at the Comments last meeting he voiced his opinion against the "Save the R. Legault Foothills" committee and since learning more about that group felt that it was a good project and wished to publicly apologize to them. 07/18/88 PAGE TWELVE 1 OTHER BUSINESS/CITY COUNCIL 0th Bus/Cncl Moved by Councilman Stemrich, seconded by Councilman Latta Bronze Plaque and unanimously carried by roll call that a bronze plaque Al Rocha be installed dedicating the American Little League field for field Al Rocha. Discussion was held regarding City Park renovation, and City Park possibility of putting in a band shell. Plans call for renovation gazebos which would replace the need for a band shell. discussion THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 11:08 P.M. Councilman/Director Latta 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 JULY 18, 1988, PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a), AND (b). Moved by Councilman/Director Latta, seconded by Councilmember/Director Naranjo 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 I TIME OF RECESS TO CLOSED SESSION: 11:09 P.M. Convened w/CRA Res. #8482 Closed Sess Recess to Closed Sess THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED AT Reconvened 11:55 P.M. Moved by Director Naranjo, seconded by Director Latta and Neg w/DeRosa unanimously carried by roll call that staff begin & Zivic for negotiations with DeRosa and Zivic for the development of Cent.Sq dev Centennial Square. Moved by Councilman/Director Latta, seconded by Adjourn Councilmember/Director Stemrich and unanimously carried to adjourn. TIME OF ADJOURNMENT: 11:53 P.M. 1 CI!y CLERK NEXT RESOLUTION NO. 8483 NEXT ORDINANCE NO. 2373 07/18/88 PAGE THIRTEEN