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HomeMy WebLinkAboutMinutes - August 1, 1988 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 1, 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 salute to the Flag. INVOCATION was given by Reverend John Leroy of the First Assembly of God Church. ROLL CALL PRESENT: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT City Attorney Thorson, City Administrator Fuentes, Chief of Police/Assistant City Administrator Wood, Director of Finance Craig, Director of Community Development Bruckner, Utilities Director Hsu, City Librarian Alaniz, City Engineer Spindel, Assistant Director of Community Services, Day, Redevelopment Manager Steel, Redevelopment Project Analyst Katchen-Gall, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Lara. CEREMONIAL NONE The CONSENT CALENDAR consisting of Items 1 through 20 was approved by motion of Councilwoman Avila, seconded by Councilman Naranjo, and unanimously carried by roll call vote, with the exception of Items F-15 and F-17, which were considered under the Special Call portion of the Agenda. Item F-18 was deferred to the next Council meeting. 1. Minutes of the adjourned regular meeting of July 13th and the regular meeting of July 18th, 1988, were approved as written. 2. The resignation of Police Captain Phil Russo, effective July 20, 1988, was accepted with regret. 3. The Police Department has a need to replace four black and white vehicles. As in years past, it has been determined that the most economical and feasible way to accomodate this annual purchase is through the group purchase plan made available through the County of Los Angeles and Maurice Sopp & Son Chevrolet. Formal bidding procedures were waived pursuant to the Municipal Code and authorization given to purchase the vehicles at a cost of $54,992.36. Call to order Invocation Roll Call Also Present Ceremonial None Cons Cal appvd, F-15 & F-17 Spec Cal F-18 cont to 8/15 mtg . Min appvd Resignation P. Russo Purch Police vehs frm Sopp & Son Chevrolet 4. Employee step increase and permanent status recommendations were approved for the following: NAME STATUS D. Eldridge Step 3 08/01/88 F. Glass Step 4 07/18/88 M. Horeczko Step 5 07/27/88 M. Keefe PermStat 07/13/88 A. Rodriguez Step 4 07/31/88 A. Sutcliffe Step 4 07/23/88 J. Willison Step 4 07/31/88 5. The new Elections Code Section 4002(b) regarding the initiative process states that "Any person filing a notice of intent with the City Clerk shall pay a fee to be established by the legislative body not to exceed $200 to be refunded to the filer if, within one year of the date of filing the notice of intent, the Clerk certifies the sufficiency of the petition." Staff feels that the $200 fee is justifiable since City Staff is obligated, upon the filing of the notice of intent, to prepare a ballot title and summary of not more than 500 words and to examine the sufficiency of the petition once signatures have been gathered. The following resolution was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING A FEE FOR THE FILING OF INITIATIVES. 6. During construction of the All 8 Motel, staff identified three electric services provided by Edison which could easily be served by the City. By doing this some overhead lines along Rockvale and Alosta can be eliminated, thus improving the aesthetics of the City's major thoroughfare. Staff was directed to proceed with the acquisition of these services from Edison by eminent domain procedures, and to settle the issue of just compensation on facilities acquired through either negotiations or legal action. Emp step inc. perm. status Fee for filing of Petitions Res. #8483 pet. fee Acquire Svcs frm Edison Rockvale & Alosta 7. Appointment of Tomas Aguilar to the position of Reserve Appt Police Officer, effective August 2, 1988, was approved. T. Aguilar S. Bid opening was held in the City Clerk's Office on -July 20th for Project No. 769-88, Civic Center Park remodeling. Three bids were received from: Moulder Brothers, Damon Construction Company and Laird Construction Company, Inc. The contract was awarded to Moulder Brothers, low bidder, in the amount of $1,107,207.36 and its execution authorized. The City Clerk was directed to return unsuccessful bidders' guarantees. 9. Resignation of Lynda Hernandez, Administrative Clerk II, effective June 24, 1988, was accepted. 10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE JOB SPECIFICATIONS OF ASSISTANT CODE ENFORCEMENT OFFICER. The resolution upgrades the educational requirements to include an Associate of Arts Degree. 11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REVISING THE SPECIFICATIONS AND SALARY FOR THE CLASSIFICATION OF UTILITY YARD OFFICE ASSISTANT AND TITLE CHANGE TO UTILITY YARD OFFICE/METER TEST ASSISTANT. The resolution adds additional responsibilities to the position, reflected in the title change. 08/01/58 PAGE TWO Bid award Proj 769-88 Moulder Bros. Resignation L. Hernandez Res. #8484 amend specs Asst. Code Enf Off Res. #8485 specs for Util Yd Off/ Meter Test Asst. 7_j 12. At the budget meeting two new classifications were Two new posi- approved: Building official and Building Inspector, tions - Bldg thus eliminating the City's dependency on the County of Off. & Insp. Los Angeles for this service. Two resolutions were adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8486 ESTABLISHING A NEW CLASSIFICATION OF BUILDING OFFICIAL Bldg Official AND ESTABLISHING A SALARY THEREFOR. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8487 ESTABLISHING A NEW CLASSIFICATION OF BUILDING INSPECTOR Bldg Insp AND ESTABLISHING A SALARY THEREFOR. 13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE SCHEDULE OF RATES, CHARGES AND REGULATIONS FOR THE LIGHT AND WATER DEPARTMENT OF THE CITY OF AZUSA The resolution establishes a separate rate schedule for electric services rendered to Azusa Municipal Agencies; amends reconnection charge currently in force to include Sundays and holidays; and establishes another rate schedule for standby electric services. 14. On February 1, 1988, a protest hearing was held and resolution adopted declaring weeds on certain parcels as a public nuisance. Per agreement with the County, raid weeds have been abated and the charges were con- firmed as presented. 15. SPECIAL CALL ITEM. 16. The City has contracted with Rose Chemical to dispose of PCB capacitors. Notification was received that they stopped processing PCB materials in March and the site was littered with PCB equipment and spillage. A Steering Committee was established to coordinate the cleanup activity at the Rose Chemical site. The Steering Committee prepared two options to all parties. Option #1, "Buyout Party Agreement" in which the responsible party will pay $2.60 per pound of material it sent to Rose Chemical and the Steering Committee would assume cleanup. Option #2, "Consent Party Agreement", in which the responsible party will pay $1.53 per pound initially, but consent to pay additional costs of cleanup, administrative and legal expenses. We are obligated to participate in one of the options. Option #1, "Buyout Party Agreement", in its present form, was approved and staff was authorized to participate in further negotiations with the Steering Committee to improve the City's position. Further, authorization was given for the transfer of $48,029.10 from the Electric reserve fund for its payment. Ress. #8488 amend. sched of rates for Light & Water Weed abat7?- ment cho` confirmE Spec Call Appv option #1 for PCB cleanup @ Rose Chem. and transfer of funds 17. SPECIAL CALL ITEM. Spec Call 18. DEFERRED TO COUNCIL MEETING OF AUGUST 15, 1988. 19. Agreement with Protos Software Company was approved. They have assumed the maintenance of the computer software system from Infocomp, which went out of business in October, 1987. Since that time, the City has been operating on a piece -meal basis. This agreement affords the City the opportunity to get back on to scheduled maintenance. 20. Three separate resolutions authorizing payment warrants by the City were adopted and entitled: 08/01/88 PAGE THREE Dfrd to 8/15 Agmt w/Protos computer software maintenance of Res. #s 8490, 8491 and 8492 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 7:44 P.M. THE CITY COUNCIL RECONVENED AT 7:48 P.M. ITHE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Proposed City Revenue Measures were presented for Council action. Prior to adoption of Ordinance dealing with multi- .:r hazardous waste facilities, Mr. Stahlecker, representing oil and Solvent Corporation (OSCO) addressed the Council stating that his company would be involved in this particular tax. At present, the company also deals with recycling, which is exempt from the tax and that he and the City Administrator are working together to ascertain specific areas that are subject to those taxes. He further stated that he realized that this proposed Ordinance was needed. Councilman Stemrich then offered the Ordinance entitled: Adj to CRA Reconvened No bus IDA Ord./Spec.Res Prop City revenues Comments Mr. Stahlecker AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING Ord. #2373 SECTION 5.12.150 TO THE AZUSA MUNICIPAL CODE ESTABLISHING AN multiuser OFFSITE, 14ULTIUSER HAZARDOUS WASTE FACILITIES TAX AND haz.waste PROVIDING FOR AN ELECTION THEREON. tax Moved by Councilman Stemrich, seconded by Councilman Latta to waive further reading and adopt. Ordinance passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilman Naranjo offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Ord. #2374 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 Naranjo, seconded by Councilman Latta to waive further reading and adopt. Ordinance passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The next item dealing with transient occupancy tax was TO tax discussed. Mr. Art Morales addressed this item stating that if motel Comments owners were protesting the 10% tax that they had every A. Morales opportunity to address the Council when this item first came up. He felt the tax was fair. 08/01/88 PAGE FOUR Councilman Naranjo then offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTION 3.32.030 OF THE AZUSA MUNICIPAL CODE 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 Stemrich and unanimously carried by roll call to waive further reading. Moved by Councilman Latta, seconded by Councilman Naranjo that Ordinance be adopted. Ordinance passed and adopted by the following vote, to wit: Councilman Stemrich requested information on methods and Comments assurances of receiving the transient occupancy tax and Councilman cited Monte Carlo Motel as an example, which owes the City Stemrich $31,000.00 in back taxes. He was advised that to date, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Monte Carlo Motel had paid the City $14,000.00 and that the AMENDING CHAPTER 5 OF THE AZUSA MUNICIPAL CODE, BUSINESS Municipal Code sets down procedures and methods of LICENSES AND REGULATIONS, BY THE ADDITION THERETO OF SECTION collection of taxes and auditing of the firms involved. He 5.08.185 RELATING TO THE ADDITION OF A FLAT FEE ON BUSINESS then went on to state that perhaps, the time intervals for LICENSE TAXES AND AMENDING SECTION 5.08.240 OF THE AZUSA collection of taxes could be more frequent so as debt to the MUNICIPAL CODE ESTABLISHING AN ANNUAL PERCENTAGE INCREASE IN City would not be over excessive to the motel owners. Councilwoman Avila interjected that, perhaps, staff could Comments contact the Ha'Penny Inns, owners of the Monte Carlo Motel, Councilwoman ELECTION in order to receive back taxes due. She was advised that Avila staff had already done so. Councilman Naranjo then offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTION 3.32.030 OF THE AZUSA MUNICIPAL CODE 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 Stemrich and unanimously carried by roll call to waive further reading. Moved by Councilman Latta, seconded by Councilman Naranjo that Ordinance be adopted. Ordinance passed and adopted by the following vote, to wit: Moved by Councilwoman Avila, seconded by Councilman Latta to waive further reading and adopt. Ordinance passed and adopted by the following vote to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ord. #2375 inc. TO tax rdg waived Ord. #2376 flat fee inc. bus. lic. Due to the fact that a Closed Session was needed to discuss Admissions the Ordinance dealing with admissions taxes, it was moved tax dfrd to by Councilman Latta, seconded by Councilman Naranjo and after Closed carried by roll .call to defer this item to end of Closed Session Session. Mayor Moses dissenting. The Mayor stated that this tax would be a burden on Comment residents attending theaters in the City. Mayor Moses Councilman Stemrich offered an Ordinance entitled: AN ORDINANCE OF THE CITY OF AZUSA ADDING SECTION 3.44.010 TO Ord. #2378 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. 08/01/88 PAGE FIVE AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, NOES: COUNCILMEMBERS: MOSES ABSENT: COUNCILMEMBERS: NONE Councilwoman Avila offered Ordinance an 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 to waive further reading and adopt. Ordinance passed and adopted by the following vote to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ord. #2375 inc. TO tax rdg waived Ord. #2376 flat fee inc. bus. lic. Due to the fact that a Closed Session was needed to discuss Admissions the Ordinance dealing with admissions taxes, it was moved tax dfrd to by Councilman Latta, seconded by Councilman Naranjo and after Closed carried by roll .call to defer this item to end of Closed Session Session. Mayor Moses dissenting. The Mayor stated that this tax would be a burden on Comment residents attending theaters in the City. Mayor Moses Councilman Stemrich offered an Ordinance entitled: AN ORDINANCE OF THE CITY OF AZUSA ADDING SECTION 3.44.010 TO Ord. #2378 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. 08/01/88 PAGE FIVE Moved by Councilman Stemrich, seconded by Councilman Latta to waive further reading and adopt. Ordinance passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The item dealing with Variance Case No. V-907, Carroll W. Var V-907 Tucker, was discussed. City Attorney advised that he had C. Tucker prepared two resolutions, pursuant to Council direction, on has not this matter. One, adding conditions to the variance, and complied one revoking the variance, if Mr. Tucker had not complied w/conditions with directions given at the last meeting. Director of Community Development Bruckner advised the Council that to date, Mr. Tucker had not built the permanent steps as requested. That, further, there was an abandoned vehicle on the premises as well as illegal wiring in a tree. He stated that Mr. Tucker had been in the office and received all the necessary specifications needed to comply. Mr. Tucker addressed Council stating that the contractor he Comments had contacted to build the steps could not complete the job C. Tucker for at least three weeks, and did not know when he would be able to start the work. He did not know that the wiring he had placed in the tree for a yard light was illegal and that he was having considerable problems with the owner of the abandoned vehicle to remove same. After further discussions between Council and Mr. Tucker, Cty Att to it was moved by Councilman Stemrich, seconded by Councilman to file Latta and unanimously carried by roll call that City court action Attorney seek an injunction through the District Attorney's (Tucker) Office against Mr. Tucker for prosecutiion purposes, due to deplorable conditions of his property and that he has been given approximately two years to comply and has not. Councilman Naranjo then offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8493 REVOKING VARIANCE NO. V-907 GRANTED TO CARROLL W. TUCKER FOR revoking THE PROPERTY LOCATED AT 234 SOUTH VIRGINIA AVENUE. Variance V-907 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 SCHEDULED ITEMS Sched. Items Continued item regarding proposal for an Ultralight Aircraft Purch Ultra - Program was removed from the Agenda at this time, to be light air presented at a later date when all the necessary information craft remvd was available for Council perusal. fret Agenda In compliance with the State Environmental Quality Act, the EIR on re - Final Environmental Impact Report for the construction of a servoir reservoir was presented for certification by the Council. Approval or disapproval of Pioneer Park as the reservoir site was also requested, or selection of another site. Mayor Moses removed himself from the Council table and Moses abstain abstained from the proceedings on this item. left Cnc tabl 08/01/88 PAGE SIX Mayor Pro -tem Naranjo chaired this item. Naranjo to chair item Mr. Art Morales addressed this item stating that the people in the area were opposed to having a reservoir at Pioneer Comments Park. He stated that the reservoir should be placed on A. Morales Sierra Madre or next to the Park. 08/01/88 PAGE SEVEN The resolution certifying the EIR was then presented for Comments Council action. Councilwoman Avila stated that she accepted Councilwoman - the fact that the EIR was done, but she could not Avila it because of the safety factor of children and 'acknowledge families at the park as well as displacement of trees and shrubs. Councilman Stemrich then offered the resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8494 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE certifying CONSTRUCTION OF AN UNDERGROUND WATER RESERVOIR AT PIONEER EIR PARK. 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: STEMRICH, NARANJO, LATTA NOES: COUNCILMEMBERS: AVILA ABSTAIN: COUNCILMEMBERS: MOSES ABSENT: COUNCILMEMBERS: ONE Resolution approving the reservoir site at Pioneer Park was Pioneer Pk presented for Council action. site Res. Councilman Stemrich asked the Utilities Director if the Down -size reservoir could be down -sized to 2 million gallons rather reservoir ' than 3 million gallons and was advised that this was to 2 mill. possible. He went on to state, that in the event a 2 million gallon reservoir was erected, then the old reservoir could be rebuilt, and that in totality both reservoirs would house 3.5 million gallons of water. .4oved by Councilwoman Avila, seconded by Councilman Stemrich Res. appvng and carried by roll call that Resolution approving Pioneer Pioneer Pk Park for the reservoir site not be approved. Councilman site denied Latta dissenting, and Mayor Moses abstaining. Moved by Councilwoman Avila, seconded by Councilman Naranjo 255 E.Sierra and carried by roll call that staff proceed with site at 255 Madre site E. Sierra Madre for erecting a 2 million gallon reservoir. appvd Councilman Latta dissenting, Mayor Moses abstaining. Mayor Moses returned to the Council table. Moses retnd Proposed guidelines and policy procedures for a Screening Screening Committee for donations and fee waiver requests was Comm. guide - presented for Council action. Council was in agreement with lines & pol. the policy with the exception that Councilwoman Avila act as Cnclwmn a liaison member, not a voting member, of the committee. It Avila to be was felt that the Council should not be involved in the liaison decisions of the committee. With the elimination of Councilwoman Avila as a voting member, it was decided that the remaining four members appoint the fifth member to the committee. It was then moved by Councilman Stemrich, seconded by Councilman Naranjo and unanimously carried by roll call to approve the Screening Committee guidelines/policy procedures as submitted with the amendments as noted above. 08/01/88 PAGE SEVEN City Attorney apprised the Council that the next item which No action requested City's support in protesting the movie "The Last can be taken Temptation of Christ", could not be acted on. He stated on religious that the. Council could listen, but not take a formal stand, matter of as a public entity could not comment on a specific religious film issue. Mr. Ronald Legault addressed this item, and argued the fact Commer.'s that the City could not take any action, as he stated that R. Legault all oaths taken used God's name. He went on to state the reasons for his request as the movie portrayed God as an immoral human being and requested all residents to take action against this movie. Reverend John Leroy also addressed this item, stating that Comments he spoke for his congregation who whole heartedly opposed Rev. Leroy this movie. Mr. Jim Edwards, President of Edwards Theatres, addressed Comments Council and stated that his organization would not show any J. Edwards film that intentionally denigrated the image of Jesus Christ. Jerry Legault also addressed this item stating that the Comments movie was blasphemous and wished the Council could take an J. Legault action protesting it. Mr. Richard Widman requested Council to update the residents R. Widman on the proposed ordinance prohibiting push cart ice cream push cart vendors in the City. City Attorney apprised him of proposed vendors ordinance that had been submitted to the Council and staff I or perusal and that if Council wished he would bring the ordinance in final form for Council action. He then requested information on the progress being made i:agarding the sale of pornographic literature at newsracks and why they could not be regulated or monitored so as not to be purchased by minors. He stated that other cities were actively pursuing their removal and court cases were pending, and wondered why the City of Azusa was not doing anything. City Attorney apprised Mr. Widman that he has researched the issue for over six years. That cities currently fighting the newsracks were only requesting opaque windows over the dispensers, referred to as the blinder rack ordinances. However, guidelines set up for pornographic pictures viewed through those windows was such that unless the newssrack distributors disclosed more than what was now shown, this also could not be successfully won in a court of law. He went on to state that ordinances stating that these newsracks could not be allowed or that they needed to be regulated or monitored had never been sanctioned by a court of law as they were labeled unconstitutional. R. Widman porno news - racks Response Cty Atty Mr. Ronald Legault asked if these newsracks had to have a Comments business license, and if so, couldn't their licenses be R. Legault revoked. He was advised that the racks had to meet certain specifications but that under the First Amendment, no 'license was required. Mr. Jerry Legault addressed this item, stating that he Comments worked for Doctor Dobson, Focus on the Family, and if J. Legault information on eliminating these racks was needed, the Doctor could respond on the issue. Moved by Councilwoman Avila, seconded by Councilman and Proclo rfrd unanimously carried by roll call that preparation of a to staff for Proclamation for "Wheels Across America" project to cure more info paralysis be referred to Staff for verification of legitimacy of their project. 08/01/88 PAGE EIGHT Announcement was made that Saturday, August 27th is "City of Azusa" day at Anaheim Stadium. The New York Yankees will be playing. Tickets cost $9.00 each, including transportation, and can be purchased at Memorial Park or at City Hall. It was further advised that Azusa resident, Jack Clark was a member of the New York Yankees and Azusa resident, Jim Eppard was a member of the California Angels. ' SPECIAL CALL ITEMS The City is a member of the Independent Cities Risk Management Authority and through it is insured for public liability coverage. Council designates who will serve on the governing board and on the Risk Management Committee. Prior to presenting the resolution, which designates the Mayor and Assistant City Administrator to the Board; Assistant City Administrator to the Risk Management Committee, with the Director of Finance as the alternate, the Mayor requested that another member of Council take his position on the Board, but, since the meetings were held during the day, the other members could not oblige him. Mayor Moses then offered the resolution entitled: City of Azusa day at Angel Stadium 8/27 Spec Call Req of Mayor other member to serve on ICRMA Mayor to serve on Bd A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8489 AMENDING RESOLUTION NO. 8352 REGARDING THE APPOINTMENT OF appt to SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK ICRMA MANAGEMENT AUTHORITY Moved by Mayor Moses, 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 addressed item regarding the bid opening Downtown for Project D7037, downtown commercial rehabilitation comm. rehab project. bid Moved by Councilman Stemrich, seconded by Councilman' Latta and unanimously carried by roll to reject sole bid received from Maddox and Stabler Contracting Company for Project D7037, as bid was approximately $45,000.00 more than the architect's cost estimate. The City Clerk was directed to return the sole bidder's guarantee and to readvertise for bids. Staff was further directed to research possibility of qualified contractors in the City who could bid on this project. PUBLIC PARTICIPATION Mr. Lawrence Davidson, representing Edwards Theatres, stated ' that in view of the fact that the Council was going to discusss the proposed admissions tax during Closed Session, and that no one representing Edwards was involved, when could he address the issue. He was advised that they could not be present during the Closed Sesssion, but could address the item in general session, when the Council returned. Reject sole bid & re - advertise Research for contractors in Azusa Pub.Prtc. L. Davidson req when he could speak on adm. tax (after Closed Session) Mr. Art Morales addressed the Council with complaints of Comments various signs throughout the City, such as political signs A. Morales which remained posted long after elections; for sale signs, various signs garage sale signs, etc. He questioned if the signs could be in City smaller in size as they were unsightly and that there were too many in the City. 08/01/88 PAGE NINE Mr. Bob Metcalf addressed Council inviting them and all B. Metcalf residents to the Senior Citizen Luau dinner dance to be held invitation at the Center on August 19th, 6:00 P.M. Tickets were to Sr Luau available at a cost of $7.50 each. OTHER BUSINESS/CITY COUNCIL Oth Bus/Cncl Moved by Mayor Moses that time limit for public Extend pub. participation be extended from 30 minutes to 60 minutes. part. to 60 Motion died for the lack of a second. min. (died) Moved by Councilwoman Avila, seconded by Councilman Latta Prep of res and unanimously carried by roll call that resolution be Roy Prittie prepared commending Roy Prittie for his years of service to the City as a member of the Personnel Board for presentation to his widow. City Clerk read a communication addressed to the City Cty Clerk Council from Johnny Johnson, in which he advised that due to read comm. being contacted by Councilmembers Stemrich and Naranjo as frm J.Johns<r; well as City Administrator Fuentes, he would continue to keep up the landscaping of two parcels of land at San Gabriel and Sierra Madre. Cova:Slman Naranjo offered a resolution entitled: A R.,:'::OLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA TO Res. #8395 RECESS TO CLOSED SESSION ON AUGUST 1, 1988, PURSUANT TO THE Closed Sess PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) AND (b) . Moved by Councilman Naranjo, 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 TIME OF RECESS TO CLOSED SESSION: 9:25 P.M. Recess to Closed Sess THE CITY COUNCIL RECONVENED AT 10:22 P.M. Reconvened City Attorney stated that the matter that had been deferred Statements was consideration of second reading of proposed Ordinance by Cty Atty relating to admissions taxes. He also stated that he had potential been advised that four members of the Council had received conflict of theater passes from Edwards Theaters; the Mayor, also, had int. re: received a pass but had returned it within 30 days of Edwards receipt, thus the Mayor had no conflict of interest in the Theaters question. The other members expressed concern about the impact of the situation, and he advised that he would prepare a written opinion on the matter expressing how that pass is valued and would be available, possibly tomorrow. He went on to state that the Council could listen to what the representatives from Edwards Theatres had to say, but he recommended that the meeting be continued to a day later this week, in order for him to prepare the opinion on the potential conflict of interests. Mr. James Edwards Sr., addressed the Council stating that Comments his organization had been in business in the City of Azusa J. Edwards, since 1932. That the opening of the Foothill Ten complex at Sr. re: Citrus and Alosta revitalized that shopping center and the adm. tax community. That if this tax passed it would result in the 08/01/88 PAGE TEN closure of the Foothill Ten Theatres. This type of tax could be construed as a penalty to the residents of the City. He asked that Council reconsider this matter. Mr. Lawrence H. Davidson, attorney repreenting Edwards Theaters, addressed this proposed tax and stated that it was unconstitutional under the First Amendment. That the statement made by staff that the courts have upheld the admissions tax is erroneous. They now have a case pending in appellate court on this issue. He further stated that the organization did not receive any information on this proposed tax until July 27th. He requested that Council consider very carefully the economic impact of such a tax on the City as well as the unconstitutionality of the tax. Mr. Vincent Chau, operator of the Azusa theatres, addressed Council stating that their organization provided a valuable on the job training of Azusa youth. Their annual payroll was in the vicinity of $200,000.00 a year. This money was earned by the teen agers and spent in the City. A tax of this nature which is a particular tax on a specific industry will not help the City. These industries will leave Azusa and go elsewhere. He requested careful consideration by the Council of this issue due to the adverse effects on all businesses, loss of valuable training of the youth and loss of sales tax dollars. L. Davidson comments V. Chau comments Mr. James Edwards, III, addressed Council stating that their J. Edwards, position had been well stated by all who spoke. He, again, III comments requested that careful and serious consideration be given to this issue due to the devastating impact on their operation as well as the community and especially the legal aspects involved. 'Due to the fact that this item could not be resolved until Item cont the City Attorney prepared an opinion regarding potential to 8/3/88 conflict of interests for four members of the Council, it mtg @ Sr was moved by Councilwoman Avila, seconded by Councilman Cntr, 7PM Latta and unanimously carried by roll call to continue this item and adjourn the meeting to Wednesday, August 3, 1988, 7:00 P.M., in the Senior Citizen Center. TIME OF ADJOURNMENT: 10:45 P.M. Adjourn NEXT RESOLUTION NO. 8496 NEXT ORDINANCE NO. 2379 08/01/88 PAGE ELEVEN