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HomeMy WebLinkAboutMinutes - October 24, 1988 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING OCTOBER 24, 1988 - 7:30 P.M. The City Council of the City of Azusa met in adjourned 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 Albert Atanay of the Azusa Invocation Tabernacle 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, Assistant City Administrator Diaz, Director of Finance Craig, Director of Community Development Bruckner, Utilities Director Hsu,P Director of Community Services Guarrera, City Librarian Alaniz, Assistant Director for Engineering and Public Works DeLoach, Redevelopment Manager Steel, Redevelppment Project Analyst Katchen-Gall, Code Enforcement Officer Rudisel, City Clerk Solis, Deputy City Clerk Lara. I CEREMONIAL Ceremonial The entire Council presented a Plaque to retiring Reserve Plaque to Police Officer Robert Shetron, in recognition of thirteen R. Shetron years of service with the City. City Administrator Fuentes introduced newly appointed Intro new Assistant City Administrator, Fred Diaz, to the Council and Asst C.A. the audience. F. Diaz The CONSENT CALENDAR consisting of Items 1 through 15 was Cons Cal approved by motion of Councilman Latta, seconded by appvd, F-4, 5 Councilman Naranjo, and unanimously carried by roll call & 14 Special, vote, with the exception of Items F-4, F-5 and F-14, which Call were considered under the Special Call portion of the Agenda. 1. The Minutes of the regular meeting of October 3, 1988, Min appvd were approved as written. r 2. The appointment of Mr. Richard Garringer to the Appt. R. position of Street Maintenance Worker II was approved, Garringer contingent upon successful completion of a physical examination. Effective date to be determined. 3. Bid opening was held in the City Clerk's Office on October 11th, for Project No. 745-87, Memorial Park sprinkler modifications. Two bids were received from BoPark Enterprises, Inc., and Jo Hale Construction Company. The bids were rejected as they were in excess of staff's estimate for this project, and the City Clerk directed to return their guarantees. The project was referred to staff for re-evaluation and possible re -bidding at a future date. ' 4. SPECIAL CALL ITEM 5. SPECIAL CALL ITEM 6. The promotional appointment of Byron Nelson to the position of Police Captain, effective October 25, 1988, was approved. 7. The San Gabriel Valley Animal Control Authority is a joint powers authority composed of elected representatives from the various cities. Mayor Moses is the City's representative. Recently, the commission has been unable to conduct business due to a lack of quorum brought about by the active schedules of most elected officials. To eliminate the problem, each city will designate a staff member as an alternate to the elected primary representative. Lieutenant Byron Nelson will act as alternate to the Mayor. The following resolution was then adopted. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY ANIMAL CONTROL AUTHORITY. ' 8. Since 19751 the City has operated a deferred compensation savings plan for its employees with Great Western Bank, and of late, Lincoln National Bank. In order to remain competitive with others in the marketplace, Great Western has created some new investment vehicles. An addendum to their agreement was approved and its execution authorized. 9. During the 1988-89 meet and confer process, the City agreed with the Azusa City Employees Association (ACEA) and the International Brotherhood of Electrical Workers (IBEW) to establish an Employee Assistance Plan. With the assistance of the Human Resources Office, a committee was formed of three members from each bargaining unit. The committee considered four companies that provide EAP services and have selected Charter Medical at a cost of $2.25 per full-time employee per month. The agreement was approved and its execution authorized. 10. Bid opening was held in the City Clerk's Office on October 3rd, for the purchase of three transformers and household electric meters. R.T.E. and G.E. bid on the transformers and Maydwell & Hartzell, G.E. Supply and G. E. Company bid on the meters. As a result of the ' bids received, and in order to prevent an emergency and to save time, in accordance with the Municipal Code, confirmation of the issuance of purchase orders was approved for R.T.E. for the transformers and Maydwell & Hartzell for the electric household meters. The meters will be purchased at intervals covering a two year period. Both were the low bidders. 10/24/88 PAGE TWO Bid opening Proj. 745-87 rejected - to be re -bid Special Call Special Call Promo appt. B. Nelson JPA w/San Gab. Vall. Anim. Cntrl apptng an alternate Res. #8522 apptng alt. Amendment to defrd comp w/Western Agmt for EAP w/Charter Medical Corp. Purch trans- formers & meters (RTE & Maydwell & Hartzell) 11. The contract for the design and specifications of water transmission mains on Dalton and Foothill, Project No. 789-88, was awarded to A. S. L. Consulting Engineers, in the amount of $36,700.00 and its execution authorized. Four proposals were received from Jaykim Consultants, Inc., B.S.I. Engineers, Inc., Montgomery Consulting Engineers, Inc., and A.S.L. Consulting Engineers. 12. Under the current rate schedule with Southern California Edison Company, resale cities may acquire power and energy from other sources to substitute for purchases from Edison. Azusa, Banning and Colton have negotiated a Power Sales Agreement with the City of Pasadena for such purchases. The agreement allows Azusa to purchase 17 megawatt of capacity and associated energy beginning January 1, 1989, and terminating December 31, 1992. Based on the current wholesale rate, this contract will reduce Azusa's monthly power cost by $100,000.00. The agreement was approved and its execution authorized. 13. The City Treasurer's Financial Statement showing a balance of $11,045,858.23, as of September 30, 1988, was received and filed. 14. SPECIAL CALL ITEM 15. Three separate resolutions authorizing payment of warrants by the City were adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 7:42 P.M. CONTINUED JOINT PUBLIC HEARING - on the proposed sale of certain real property in the Central Business District Redevelopment Project Area to Pacific Union Asset Management, for the rehabilitation and disposition of approximately twelve (12) condominium units within the project known as the Rainbow Angling Club Condominiums. Real property includes: Units 9, 22, 25, 29, 30, 32, 39, 40, 45, 46, 51 and 54 Lakeview Terrace. Contrct for specs for wtr trans- mission mains (A.S.L.) Power Sales Agmt with Pasadena Cty Treas. Fin. Stmnt Special Call Res. #'s 8523, 8524 & 8525 Warrants Cncl & CRA convnd jntly Cont Pub Hrg Pacific Union Asset Due to protracted negotiations with Pacific Union Asset Hrg cont Management, it was moved by Councilman/Director Naranjo, to nxt mtg seconded by Councilwoman/Director Avila and unanimously carried by roll call to continue this item until the next regular meeting. CONTINUED JOINT PUBLIC HEARING - on the proposed merging of Cont Pub Hrg two separate redevelopment project areas in the City, Project Area referred to as the Central Business District Redevelopment merger Project Area and the West End Redevelopment Project Area Merger of the Azusa Redevelopment Agency. The Mayor/Chairman declared the Hearing re -opened. Hrg reopened Robb Steel, Redevelopment Manager introduced Mr. Brice Testimony Russell, consultant on this project merger. staff & Mr. Russell addressed the Council/Agency and stated that consultant the Hearing had been continued because some taxing agencies had not been advised of the hearing. He advised that staff has been negotiating with Los Angeles County and arrived at an agreement for the tentative terms of the agreement. 10/24/88 PAGE THREE He reviewed the facts of the proposed merger stating that the merger was solely administrative in nature. The existing plans of both projects would remain the same. The merger would allow tax increment dollars to be merged, and thus could be used in either project area. As it stands now, tax increment dollars in the West End could only be used in the West End project area and since that area has more tax increment dollars than the CBD project area, it would be beneficial to the City/Agency for this merger, so that funds could then be used in the CBD project area. He again emphasized the fact the merger will not alter the existing project areas in any way, but the approval of the merger would allow more tax dollars to be used in the downtown redevelopment. Gayle Avakian addressed this item and stated that it was Comments difficult to discuss this item, as the maps in the G. Avakian auditorium were not up to date, and thus she could not point out specific areas of concern to the audience. She asked that, if the Planning Department had not followed all the CEQA gudelines in the preparation of an environment impact report who would oversee this type of report. Mr. Bruckner responded advising that all Environmental Impact Reports are circulated to involved agencies and reviewed by them; in addition the City Attorney would also review the report for all requirements. There is a definite method of checks and balances and further, that is the purpose of a public hearing to receive public comment. Mrs. Avakian stated that she would like to challenge the environmental impact report that was presented tonight for the merger of the two project areas. She stated that the dump is in a watershead area and causes toxicity; it does not consider the rock quarry; does not evaluate water, air, recreation or natural resoures of the area, and therefore, 'does not comply to CEQA standards and is inadequate and outdated. She requested that this be continued until staff could re-evaluate the EIR. Mr. Art Morales addressed the Council/Agency requesting if Comments funds could be set aside to make Azusa Avenue a two-way A. Morales street. Mr. Ronald Legault addressed this item stating that Mr. Comments Morales was correct; that we do have to improve the downtown R. Legault area and he felt that dividers with shrubbery, such as Baldwin Park has, would be beneficial and improve the area. Moved by Councilman/Director Latta, seconded by Hrg closed Councilman/Director Naranjo and unanimously carried by roll call to close the hearing. Mr. Russell, consultant, responded to Mrs. Avakian's statements regarding the EIR. He stated the reason that the present EIR references the past reports is that the merger, as it stands, does not really have any environmental impacts. The ability to move money one way or the other doesn't have any projected environmental impact, one way or the other, with regard to a merger of project areas. The issue of the dump and the rock quarry have nothing to do with this environmental report, other than the fact that their uses conform to the City's General Plan. He further stated that the merger does not add,any new acreage to the redevelopment project areas. Regarding water, air, etc., these are not discussed because the merger doesn't have any effect on those particular items. Comments Consultant Russell Mrs. Avakian, again, addressed this item, stating that in Comments the future staff should present a large map and outline the G. Avakian areas that are being discussed for citizen perusal. She still felt that the EIR was inadequate. 10/24/88 ra PAGE FOUR Director Latta then offered a resolution entitled: A RESOLUTION OF THE CITY OF AZUSA REDEVELOPMENT AGENCY Res. #516 APPROVING ITS REPORT ON THE CENTRAL BUSINESS DISTRICT appvng rpt REDEVELOPMENT PROJECT AREA AND WEST END REDEVELOPMENT on CBD & West PROJECT AREA MERGER AND TRANSMITTING THE REPORT AND THE End Project RESPECTIVE REDEVELOPMENT PLANS TO THE CITY COUNCIL OF THE merger CITY OF AZUSA. ' 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 a resolution entitled: A RESOLUTION OF THE CITY OF AZUSA REDEVELOPMENT AGENCY Res. #517 CERTIFYING AS TO ITS REVIEW OF THE FINAL ENVIRONMENTAL crtfying IMPACT REPORT WITH RESPECT TO THE CENTRAL BUSINESS DISTRICT review of REDEVELOPMENT PROJECT AREA AND WEST END REDEVELOPMENT EIR PROJECT AREA MERGER AND MAKING CERTAIN FINDINGS. Moved by Director Stemrich seconded by Director Latta 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 Naranjo offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8526 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT ON THE crtfying CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND EIR WEST END REDEVELOPMENT PROJECT AREA MERGER AND MAKING CERTAIN FINDINGS. Moved by Councilman Naranjo, seconded by Councilwoman Avila to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilman Stemrich offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st rdg Ord SUBJECT TO THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PLAN Project AND THE WEST END REDEVELOPMENT PLAN, BOTH OF WHICH ARE PLANS merger OF THE AZUSA REDEVELOPMENT AGENCY. Moved by Councilman Stemrich, seconded by Councilwoman Avila and unanimously carried by roll call to waive further ' reading and introduce. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT 8:14 P.M. THE CITY COUNCIL CONVENED JOINTLY WITH THE INDUSTRIAL DEVELOPMENT AUTHORITY AT 8:23 P.M. 10/24/88 PAGE FIVE Cncl recessed CRA cont. Convene w/ IDA The Local Agency investment Fund is a special fund in the Local Agency State Treasury which permits a local government to remit Investment idle money in its treasury to the State Treasurer for the Fund purpose of special investment. Staff recommended that the Authority authorize the Treasurer to participate in the program. Director Stemrich then offered a resolution entitled: 'A RESOLUTION OF THE BOARD OF DIRECTORS OF THE INDUSTRIAL Res. #14 DEVELOPMENT AUTHORITY OF THE CITY OF AZUSA AUTHORIZING THE auth use of USE OF THE LOCAL AGENCY INVESTMENT FUND UNDER THE OFFICE OF Local Agncy THE CALIFORNIA STATE TREASURER AS AN INVESTMENT MEDIA Invest Fund ALTERNATIVE. Moved by Director Stemrich seconded by Director Avila to waive further reading and adopt. Resolution passed and adopted by the following vote of the Authority: AYES: DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Councilwoman Avila offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8527 AUTHORIZING AN ADVANCE FROM ITS OPERATING FUNDS FOR PURPOSES auth advance OF INVESTMENT IN THE LOCAL AGENCY INVESTMENT FUND OF THE of oper funds STATE OF CALIFORNIA. for Local Agency Moved by Councilwoman Avila, seconded by Councilman Latta to Invest Fund 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 INDUSTRIAL DEVELOPMENT AUTHORITY OF THE Res. #15 CITY OF AZUSA AUTHORIZING AN ADVANCE FROM THE OPERATING auth advance FUNDS OF THE CITY OF AZUSA FOR PURPOSES OF INVESTMENT IN THE of oper funds LOCAL AGENCY INVESTMENT FUND OF THE STATE OF CALIFORNIA. for Local Ord./Spec.Res Agency Moved by Director Stemrich seconded by Director Latta to Invest Fund waive further reading and adopt. Resolution passed and adopted by the following vote of the Authority: Councilman Naranjo AYES: DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES entitled: NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE THE CITY COUNCIL OF THE CITY COUNCIL RECESSED AND THE INDUSTRIAL DEVELOPMENT Cncl recessed AUTHORITY CONTINUED AT 8:25 P.M. IDA cont. 10/24/88 PAGE SIX THE CITY COUNCIL RECONVENED AT 8:26 P.M. Reconvened ORDINANCES/SPECIAL RESOLUTIONS Ord./Spec.Res Councilman Naranjo offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8528 DENYING A ZONE CHANGE FOR THE PROPERTY LOCATED AT 215, 255, denying zone 285 AND 295 SIERRA MADRE AVENUE FROM RA TO R1A (CASE NO. Z- change Z- 88 -3-B). 88-3-B 10/24/88 PAGE SIX 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, NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: MOSES ABSENT: COUNCILMEMBERS: NONE A Public Hearing was held on the proposed zone change at the meeting of October 3, 1988. Councilwoman Avila offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8529 CERTIFYING THE NEGATIVE DECLARATION FOR A ZONE CHANGE FROM crtfying M1 (LIGHT MANUFACTURING) TO Ria (MULTI -FAMILY RESIDENTIAL) Neg Dec FOR THE PROPERTY LOCATED AT 702 WEST GLADSTONE STREET (CASE Z -88-3-C NO. Z -88-3-C). Question arose about the amortization period of twenty years for the automotive repair business and methods whereby this would be acted on after that time period. Community Development Director Bruckner apprised the Council of the central filing system that is in operation whereby actions of this nature are filed by address and that at the appropriate time are followed through. It was then 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 Councilwoman Avila offered an Ordinance entitled: Discussion amortizati period AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st rdg Ord APPROVING A ZONE CHANGE FROM M1 (LIGHT MANUFACTURING) TO appvng R3a (MULTIPLE FAMILY RESIDENTIAL) FOR THE PROPERTY LOCATED Z -88-3-C AT 702 WEST GLADSTONE STREET (CASE NO. Z -88-3-C). Moved by Councilwoman Avila, seconded by Councilman Stemrich and unanimously carried by roll call to waive further reading and introduce. A Public Hearing was held on this item at the meeting of October 3, 1988. The Director of Finance addressed the Council and advised that the City's contract with the Public Employees' Retirement System provides for the basic 1959 Survivor Benefit. This benefit provides a monthly allowance to be paid to survivors. Pursuant to the agreement in the Memoranda of Understanding with the employee groups, an increase in this benefit for all full time employees was presented. He discussed the costs and the benefits. Councilwoman Avila then offered a resolution entitled: Amending contract w/PERS Survivor Benefits A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF Res. #8530 AZUSA TO APPROVE AN AMENDMENT TO THE MISCELLANEOUS AND Intent to SAFETY CONTRACTS BETWEEN THE BOARD OF ADMINISTRATION OF THE appv amend PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF AZUSA. w/PERS Moved by Councilwoman Avila, seconded by Councilman Latta to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: 10/24/88 PAGE SEVEN AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: . COUNCILMEMBERS: NONE The Mayor was also authorized to execute the agreement Mayor auth releasing 1959 Survivor Benefits Assets and Liabilities. to execute Councilwoman Avila offered an Ordinance entitled: agmt AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st rdg Ord AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY auth an COUNCIL OF THE CITY OF AZUSA AND THE BOARD OF ADMINISTRATION amend to OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. PERS contrct Moved by Councilwoman Avila, seconded by Councilman Stemrich and unanimously carried by roll call to waive further reading and introduce. SCHEDULED ITEMS PUBLIC HEARING - on application of CoastFed Properties for proposed zone change, Case No. Z-88-4, requesting a zone change from CBD (Central Business District) to R3c (Multi - Family Residential); General Plan Amendment No. GPA -88-3 from CBD (Central Business District) to H (High Density Residential); Tentative Tract Map No. 46762 and proposed Development Agreement, to allow construction of a 141 unit apartment complex and legalizing a non -conforming 26 unit apartment complex for property located at the northwest corner of Foothill Blvd. and San Gabriel Avenue. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice of said 'hearing published in the Azusa Herald on October 19th as well as the affidavit of proof of posting the property on October 24th. Councilman Stemrich abstained from proceedings on this item due to a possible conflict of interest and left the Council table. Director of Community Development Bruckner addressed this item stating that the Agency, staff, the City and the Developer have been working on this project for the past two years, in order to revitalize the downtown area. The project is a 141 unit upscale apartment building built to condominium specifications located on the periphery of the downtown area. The project will have many amenities that include dishwashers, central air and heating, microwave ovens, fire -places, sky -lights, etc., as well as a lot of open space, two spas, community pool and recreation building. The project will attract new population to the periphery of the downtown area. City Attorney apprised Council and audience that at the time a Disposition and Development Agreement with CoastFed was considered that a Public Hearing was held and Council considered that agreement as well as a full environmental 'impact report in conjunction with this proposed zone change and both the EIR and agreement were approved at that time. Sched. Items Pub Hrg zone change Z-88-4, GPA 88-3, Tent. Tract Map & Dev. Agent CoastFed Hrg opened Stemrich to abstain Testimoney Comm Dev Dir Comments Cty Atty re: EIR Mr. Carl Steinberg, developer, addressed Council stating Comments that the one bedroom apartments would rent from $600.00 to Developer $800.00 per month and the two bedroom apartments would rend from $900.00 to $1100.00 per month. Redevelopment Manager Steel, developer, and Council had Discussion lengthy discussions regarding sound wall at the perimeter of Red. Mngr the project near the railroad tracks, and safety measures & Council 10/24/88 PAGE EIGHT for children; tot lots for children; parking spaces and off- site parking spaces for each unit; costs to the City for the project and other items of concern. Mr. Ronald Legault addressed this item and stated that Comments apartments should not be built in the downtown area, it is a R. Legault business area. He didn't feel that people would want to spend that much money to live near the railroad tracks. Art Morales addressed this item stating that the property where the project is to be built has been deteriorating for over twenty years. He stated the reason residents are against apartments is that they do not want apartment buildings right next door in their neighborhoods, but the apartments that are planned to be built downtown would be an asset to the City. He further stated that other apartment buildings near railroad tracks have no problems. He was in favor of this project. Mr. Bill Simpson addressed this item stating that no one is speaking for the project but speaking in opposition of apartments in the downtown area. He stated that he had interviewed property owners and tenants in the area and the majority of the people were in favor of this project. Commercial development in that area has been proposed but never done because the demographics are not right, i.e., not enough people plus the one way streets on Azusa and San Gabriel. He was questioned regarding his apartments on Foothill Blvd., which are included in this project, being the main thrust of his support and he advised that it entailed much more than that. He further stated that none of his tenants ever had any -problems because of the close proximity to the railroad tracks. Mr. Ronald Legault questioned Mr. Simpson as to whether or not he would financially help his tenants relocate and he responded, "Who says they are going to be relocated?" Mrs. Mary Andrews addressed the Council stating that we need to think of our children and not monetary gain, as our children are our future. None of her generation was raised in an apartment, but single home residences, where the children had room to play in the yards, etc. Mr. Art West addressed the Council and questioned the terminology "legalizing a non -conforming use." Community Development Director Bruckner explained the term to him satisfactorily. Mr. West also questioned Mr. Simpson with regard to the number of signatures he had received that were in favor of the apartment project who actually lived in the City. Mr. Simpson responded that the signatures are of people who do business in Azusa and as to whether or not they live in Azusa, he could not state. Comments A. Morales Comments B. Simpson Comments R. Legault Comments M. Andrews Comments A. West Councilwoman Avila discussed the concerns that were raised Comments regarding the close proximity of the railroad tracks to the Avila project. She stated that many residences as well as other apartment buildings in the City and in other cities were built near the railroad without incident. Mr. Arthur Andrews addressed this item and stated the City Comments as well as California is growing. People need places to A. Andrews live and apartments are a good start. Also, that the revitalization of the downtown needs these apartments because we need people to get it going. Mrs. Lupe Naranjo addressed this item stating that she owns Comments a home that is right near the railroad tracks. Her son and L. Naranjo his six children live there now and they have had no problems with the railroad. She further stated that in 10/24/88 PAGE NINE this day and age both husband and wife have to work and have no time to do yard work, therefore, they live in apartments; further most of them cannot afford to purchase homes. Ms. Elizabeth Wertz addressed this item stating that she was Comments concerned about children living in the apartments. She E. Wertz realizes that there will be two tot -lots, but her concern was for the older children. She felt that there should be less apartments and more open space. Since there was no further testimony, it was moved by Mayor Hrg closed Moses, seconded by Councilwoman Avila and unanimously carried by roll call to close the Hearing. Concilwoman Avila offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st rdg Ord APPROVING A ZONE CHANGE FROM CBD (CENTRAL BUSINESS DISTRICT) appvng Z -88 - TO Ric (MULTIPLE FAMILY RESIDENTIAL) TO COASTFED PROPERTIES FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF FOOTHILL BOULEVARD AND SAN GABRIEL AVENUE (CASE NO. Z-88-4). Moved by Councilwoman Avila, seconded by Councilman Naranjo and carried by roll call to waive further reading. Councilman Stemrich abstaining. Prior to introducing the Ordinance, Councilman Latta Comments commented on some of the concerns voiced this evening. The Latta growth rate in California is accelerating every year and people need housing. The outcry of citizens against aparments were the small units being built among single family residences. These units will be built to condominium standards, and will bring us the buying power to establish commercial projects, much as the City of Duarte did. Further, the project will have 56,500 square feet of open space, which is half the size of the Price Club site. The Mayor stated that he would like to see single family Comments residences built and perhaps if Monrovia Nursery leaves the Moses City, this would be an ideal area for these homes. It was then moved by Councilwoman Avila, seconded by Ord intro - Councilman Latta and carried by roll call to introduce the duced Ordinance. Mayor Moses dissenting and Councilman Stemrich abstaining. Councilwoman Avila offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8531 APPROVING AN AMENDMENT TO THE AZUSA GENERAL PLAN FOR THE appvng GPA PROPERTY LOCATED AT THE NORTHWEST CORNER OF FOOTHILL 88-3 BOULEVARD AND SAN GABRIEL AVENUE (AMENDMENT NO. GPA -88-3). Moved by Councilwoman Avila, seconded by Councilman Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8532 APPROVING A TENTATIVE TRACT MAP FOR COASTFED PROPERTIES FOR appvng Tent THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF FOOTHILL Tract Map BOULEVARD AND SAN GABRIEL AVENUE (TENTATIVE TRACT NO. 46762). 10/24/88 PAGE TEN AYES: COUNCILMEMBERS: AVILA, NARANJO, LATTA NOES: COUNCILMEMBERS: MOSES ' ABSTAIN: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: STEMRICH NONE Councilwoman Avila offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8532 APPROVING A TENTATIVE TRACT MAP FOR COASTFED PROPERTIES FOR appvng Tent THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF FOOTHILL Tract Map BOULEVARD AND SAN GABRIEL AVENUE (TENTATIVE TRACT NO. 46762). 10/24/88 PAGE TEN Moved by Councilwoman Avila, seconded by Councilman Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, NARANJO, LATTA NOES: COUNCILMEMBERS: MOSES ABSTAIN: COUNCILMEMBERS: STEMRICH ABSENT: COUNCILMEMBERS: NONE Councilwoman Avila offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF AZUSA AND COASTFED PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP. Moved by Councilwoman Avila, seconded by Councilman Latta and carried by roll call to waive further reading. Councilman Stemrich abstaining. 1st rdg Ord appvng DDA w/CoastFed Moved by Councilwoman Avila, seconded by Councilman Latta Ord intro - and carried by roll call to introduce the Ordinance. Mayor duced Moses dissenting and Councilman Stemrich abstaining. COUNCILMAN STEMRICH RETURNED TO THE COUNCIL TABLE AT THIS TIME. CONTINUED PUBLIC NUISANCE APPEAL - of Ronald Hritz, (Mike Gross and Arnold Gross, Joint Venture) 850 W. Foothill Blvd., for property declared a public nuisance for violation of the Owner Participation Agreement with the Redevelopment Agency; violation of Precise Plan of Design conditions; excessive and unpermitted window and banner signs. Prior to receiving testimony from Code Enforcement Officer Rudisel, he was given the oath by the City Clerk. Mr. Rudisel advised that when this property was developed Mr. Gross agreed to limited retail space on the property to accommodate maximum building square footage for manufacturing purposes only. Gene's Smog Repair Service was allowed at the site, as well as the A & M Hardware. Tire sales was a prohibited use at the site. Mr. Hritz, when applying for his business license, was advised that retail sales were prohibited on the property; he subsequently submitted a license for wholesale, only. Two weeks prior to opening, City staff observed that machinery and signs were installed regarding tire sales and installation. Though he was advised that this was not allowed, he continued and opened his business. Further there was excessive signage on the property. General discussion was held with the Council regarding the amount of square footage allowed for retail sales at the site. .The zoning at that location would not preclude retail sales, however, Mr. Gross wishing to make the most of his property, reduced the parking spaces for more buildings, and this is reflected in the Owner Participation Agreement. 'Prior to receiving testimony from Mr. Hritz, he was given the oath by the City Clerk. Mr. Hritz stated that the name of his business was "Ten Dollars and Up, Almost New, Used Tires." He felt that he had complied in every way with the Owner Participation Agreement, in that he purchased space from Gene's Smog Repair, which is a permitted use. He then gave Council copies of the lease agreement papers. 10/24/88 PAGE ELEVEN Stemrich returned Cont Pub Nuis Appeal R. Hritz Code Enf Off swore in prior to giving his testimony Discussion w/Cncl R. Hritz sworn in prior to giving his testimony Question arose as to why the lease agreement was not J. Hritz notarized, and at this time, Mrs. Joanne Hritz, spouse, came sworn in up to the podium and was given the oath by the City Clerk prior to prior to her giving testimony. She stated that she did not giving her know that leases had to be notarized. testimony Mr. Hritz went on to state that he had covered everything Comments required in the OPA agreement. That as far as parking was R. Hritz concerned, his customers only drive in to his business and Had they have their tires changed and then leave. He did not need have never parking. the business and then beg to stay. Conversation ensued with the Council and Mr. Hritz as to his General statements made during the Public Nuisance Hearing that he discussion wished to remain at his place of business until he could ,relocate to Irwindale. He advised that he did not wish to go to Irwindale, as the site was not feasible for a business; further that he had expended too much money for his present site. He was also questioned regarding the price paid for Gene's Smog, which was $1.00, which seemed to be suspect. Mr. Hritz had no response. Further discussion regarding his lease agreement which was subsequently cancelled and then another lease executed. City Attorney went over all the documentation and facts of City Atty this nuisance appeal and advised the Council that it did not comments appear that Gene's Smog Repair had been sold to Mr. Hritz, it appears that Gene's Almost New Tires had been sold to Mr. Hritz, and if that was true, which Mr. Hritz then interjected and stated was so, then the tire sale/installation was not permitted on the site. The only auto service permitted is Gene's Smog Repair and if it is sold to someone else, then that business may continue on the site. City Attorney advised that the documents Mr. Hritz presented Documents would be made a part of the record of the proceedings and presented that the City Clerk's Office would furnish Mr. Hritz with by Hritz copies. for record There being no further testimony, it was moved by Councilman Hrg closed Naranjo, seconded by Councilman Latta and unanimously carried by roll call to close the hearing. Mrs. Hritz addressed the Council stating that the wording of Further the OPA was confusing, that the phrasing should have been comments clearer. Had they known there was a problem, they would J. Hritz have never opened up the business and then beg to stay. In response to the City Attorney's question regarding square Comments footage of retail space at the site, Code Enforcement Code Enf Off Officer Rudisel advised that the A. & M. Hardware had 8,250 square feet which was the amount allowed by the OPA. Mr. Hritz, again, addressed the Council and stated that the Comments Gross Brothers had relinquished 500 square feet of the R. Hritz hardware store to him and that was all that he needed for his business. City Attorney then apprised the Council that Mr. Hritz had Comments only received an assignment of the land from Gene's Smog Cty Atty Repair and Section 301 of the agreement provides that Gene's Smog Repair shall be the only auto service use permitted on the site; and any successors to the interest of Gene's Smog Repair, and not his assignees. Mr. Hritz did not buy Gene's Smog Repair, but bought a business that did not exist, and does not qualify as a successor in business. Further, the site presently has 8,250 square feet of retail commercial space, so the auto service use could not be expanded to include that particular area. In his view, Mr. Hritz was 10/24/88 PAGE TWELVE not in compliance with the use restriction of the OPA. Further, that the Public Nuisance Appeal was held on September 15th and Mr. Hritz' lease documents were dated on the 5th and 7th of August. Moved by Councilman Naranjo, seconded by Councilman Latta Appeal and carried by roll call to deny the appeal and that the denied order to abate be confirmed; further that the City Attorney be directed to prepare the necessary document. Consideration of adopting a proposed Investment Policy for the City's idle cash was discussed and Director of Finance Craig apprised the Council on this proposed policy. He stated that the firm of Burke, Williams and Sorensen had reviewed the City's present investment policy, its monthly investment report and its existing repurchase contracts with Sanwa Bank. They have updated the policy by providing safequards to ensure liquidity and safety while giving the City Treasurer appropriate flexibility in the investment of City funds. It was then moved by Councilman Latta, seconded by Councilman Naranjo and unanimously carried by roll call that the Investment Policy with staff's suggested amendments be approved; further that staff be directed to make amendments to the monthly investment reports and bank contracts to be consistent with the new policy. The Mayor questioned the City Attorney regarding necessity for all Councilmembers to approve and execute proclamations rather than just the Mayor. He stated that this had been the policy in the past. City Attorney apprised that no state law existed at this time with regard to proclamations being solely executed by the Mayor. However, if it was just a City policy then that policy could be amended at any time by the Council. Updated Investment Policy Appv Investment Policy Comments Mayor re: proclama- tions Moved by Mayor Moses, seconded by Councilman Naranjo and Proclo unanimously carried by roll call that a proclamation be for Nat'nl prepared for the National Safety Council proclaiming "Buckle Safety Cncl Up for Life Challenge," for the period November 1, 1988 through 1989. Moved by Mayor Moses, seconded by Councilman Stemrich and Proclo unanimously carried by roll call that a proclamation be Marine prepared for the United States Marine Corps, in honor of Corps Wk "Marine Corps Recognition Week," November 6 - 12, 1988; further that said proclamation be presented to our local recruiting office in Azusa. SPECIAL CALL ITEMS Spec Call White Construction Company has completed the construction of Notice of handicapped ramps and reconstruction of sidewalks at various Comp. Proj locations in the City in compliance with all specifications 757-88 and conditions of the contract. (Project No. 757-88) Councilman Naranjo questioned staff regarding inspection of Comments the ramps, as a resident in a motorized wheel chair had a Naranjo slight accident at the Foothill and Pasadena ramp, and he wondered if they were state approved for height. He was advised that the State height for the lip of ramps was 1/2 inch, however, staff reduced this to 3/8 of an inch to afford easier access for handicapped residents; further that the ramp at Foothill and Pasadena was not done in conjunction with this project, but some time ago. It was then moved by Councilman Naranjo, seconded by Proj 757-88 Councilman Stemrich and unanimously carried by roll call to appvd 10/24/88 PAGE THIRTEEN approve the project and authorize the Mayor to execute the Notice of Completion. The City Clerk was directed to have same recorded. On September 1st, the Los Angeles County Road Department relinquished responsibility for traffic signal maintenance of the signal at the intersection of Arrow and Cerritos to the City, at our request. one leg of the signal is in the City of Covina. Covina has consented to pay 25% of the maintenance of this signal. An agreement with Covina was presented for approval. Mr. Ronald Legault questioned this item and wondered why the City of Covina didn't pay for 50% of the signal maintenance. Assistant Director of Public Works and Engineering DeLoach advised that jurisdictionally the City has responsibility for three legs, or 75%. Mr. Legault further stated that this was a cost to the City and questioned why the City took over the maintenance from the County. He was advised that the cost is nominal and that the City would provide a better level of service than the County. Agmt w/Covina signal maint @ Cerritos & Arrow Comments R. Legault It was then moved by Councilman Naranjo, seconded by Agmt appvd Councilman Latta and unanimously.carried by roll call to approve the signal maintenance agreement with the City of Covina. On an annual basis, approximately $6,000.00 worth of Library materials are stolen from the Library. In an effort to stop Security this loss, a Library Security/Surveillance System needs to System be purchased. At present, only one vendor produces a system that meets the needs of a good reliable system that has expandable capabilities, and that is 3M Electronic Article Surveillance Systems. 'Mr. Ronald Legault questioned this item and asked if the Comments City would go out for bids for this service. City R. Legault Librarian Alaniz responded that in the Library market place there are only two vendors who produce this type of system and that 3M meets the needs required by the Library. The City Attorney also apprised that in such cases the Municipal Code provides for waiver of the bidding procedures. It was then moved by Councilman Naranjo, seconded by Appvl purch Councilwoman Avila and carried by roll call to waive formal system frm bidding procedures pursuant to the Municipal Code and 3M & waive authorize the purchase of the system from 3M Electronic frml bid Article Surveillance Systems, at a cost of $18,254.42, procedures including sales tax. Councilman Stemrich abstaining. PUBLIC PARTICIPATION Pub.Prtc. 10/24/88 PAGE FOURTEEN Mr. Guillermo Palos addressed the Council regarding G. Palos modification of his son's traffic collision report of July req for 26, 1988. He stated that the accident occurred at Azusa and TC rpt to Leton and that the report reflected his son was in violation be modified by not yielding the right of way. He stated that right after that stop signs were placed on Leton which indicated to him that his son was not in violation. He stated that if the report could be changed then his insurance company would pay for his vehicle, which is a total loss, plus some medical bills. He does not have collision coverage. He further stated that the Police Department or the officers who were at the scene were prejudiced as his son is a teen- ager. Councilman Naranjo advised that Mr. Palos had spoken to him Comments on three occasions regarding this incident and that he had Naranjo 10/24/88 PAGE FOURTEEN referred him to the Police Department. An amendment to the original report was made by his son which reduced the speed of his vehicle. He further wanted to clarify that he was only the liaison member to the Police Department and had no authority to alter or amend reports, as Mr. Palos believed. He further stated that Mr. Palos was not mistreated by the Police, nor were the Police prejudiced towards teen-agers. Mr. Palos' problem was that his insurance coverage was not adequate to cover damages to his vehicle. 'Chief of Police Wood addressed this item stating that there was an amendment to the report as requested by the driver, regarding his speed, but the actual right of way violation was accurate. He further stated that officers are hardly ever at the scene when an accident occurs, but from physi- cal evidence and interviewing witnesses they compile the report. He further stated that the stop sign was just a secondary solution. The intersection is a bad one and there is not much more that can be done. Comments Police Chief The City Attorney apprised the Council that if the Council Comments did amend a traffic collision they would probably end up in Cty Atty Court. And by doing so, opening the door to review every accident report that occurs for possible amendments. Councilwoman Avila stated that she wanted to also clarify Comments the liaison relationship between Council and various Avila departments. It is a communication function not one of authority to alter or amend any reports. No action was taken on this item. Mr. Art Morales addressed the Council asking if anything had been done about the use of profanity by residents at a ' recent Council meeting. He stated that the Mayor should have control of the meetings and not ask the assistance of the Chief of Police to quell these types of disturbances. He realized that residents from Duarte were in attendance at the meeting and discussions were heated. The Mayor stated that he conducted the meetings the best way possible, and had advised the individual who used the profanity to discontinue speaking. Mr. Morales then asked if that individual had apologized publicly for using profanity. The Mayor stated that Mr. Morales was now disrupting the meeting. Councilman Stemrich interjected at this time, that there was no need to disrupt this meeting any more and stated that he probably owed the residents of the City of Azusa an apology, himself, for his actions, wanting to remove all the people in the audience. He stated that it was a very hostile crowd and he would like to publicly apologize to the citizens of Azusa for his actions at that meeting. Mr. Ronald Legault addressed the Council and advised that the City of Monrovia had adopted a resolution wherein the City could close down private residences that deal in the sale of drugs. He requested that the City of Azusa adopt the same type of legislation. The City Attorney advised that he had been working with the Chief of Police on this very specific legislation and that it would be presented to Council when all documentation had been completed. No action Comments A. Morales re: profani- ty @ mtgs Stemrich apologized for last meetings outburst Comments R. Legault drug probs Mr. David Feldman addressed the Council requesting that no Comments parking zones be established for 18 wheeler type trucks as D. Feldman they take over most of the street and stay there for great trk pkng lengths of time and are a hazard, especially on Sierra Madre between San Gabriel and Sunset. This was referred to staff for reconciliation. 10/24/88 PAGE FIFTEEN OTHER BUSINESS/CITY COUNCIL 0th Bus/Cncl Mayor Moses stated that the area near the Foothill Shopping Reflectors Center at Fifth and Alosta was in dire need of reflectors or or other some type of lighting. Many accidents have occurred at that safety meas location. Councilwoman Avila added that possibly the curbs 5th & Alosta could be painted with reflective paint to aid the drivers, as well as reflectors on the medians. It was then moved by Mayor Moses, seconded by Councilman ' Stemrich and unanimously carried by roll call to refer this matter to the Director of Community Development and the Chief of Police for reconciliation. Discussion was held regarding an appropriate gift/memento Appropriate for the Governor of Zacatecas who will be visiting here gift for soon. Councilwoman Avila asked if this was part of the Governor of Sister City function, and if so, why wasn't the whole Zacatecas Council apprised of this. Mr. Bob Montano, Vice President of the Sister City Committee Comments addressed the Council advising that the Governor was due to B. Montano visit, however, it was not a Sister City function. He comes re: Govrnr's to visit Los Angeles to promote tourism for Zacatecas. In visit any event, the Sister City Committee will extend an invitation to him to visit Azusa. Councilwoman Avila requested that the Sister City have the Council to courtesy to advise the Council of the date and time of the be advised Governor's visit in the event he does come to Azusa. on specifics It was then moved by Councilwoman Avila, seconded by Gift purch Councilman Stemrich and unanimously carried by roll call rfrd to staff that staff be instructed to purchase a suitable gift for the Governor of Zacatecas, ensuring that it contain the City Seal and be reflected as a gift from the entire City of Azusa and not be subjective. Moved by Councilman Stemrich, seconded by Mayor Moses and Reso/Plaque unanimously carried by roll call that a resolution or plaque for A. be prepared for retiring employee Angelo Evangelista in Evangelista consideration of his 23 years with the City. Councilman Stemrich requested that a policy be drawn up Policy mandating that citizens making complaints furnish their complaintants names, addresses and phone numbers, and if they fail to to furnish comply that their complaints not be acted upon. names & add. Code Enforcement Officer Rudisel advised the Council that Comments many complaints are received which are made in spite as well Code Enf Off as legitimate complaints. Furnishing of names and addresses would help, however, would not alleviate the amount of complaints that are investigated. Chief of Police Wood requested that his department not be COP req not included in the proposed policy, as their department relies to be inclu- on anonymous calls. Most of the complaint calls received ded in Policy never leave their names and the Police Department is obligated to investigate whether they do so or not. Councilwoman Avila requested information from the City Comments Attorney regarding confidentiality of the person's identity Avila regarding these complaints. She was advised that if it were a criminal complaint the City could keep that information confidential. It was then moved by Councilman Stemrich, seconded by Policy Councilwoman Avila and unanimously carried by roll call that rfrd to a policy be drawn up, excluding the Police Department, with staff regard to complaintant providing his/her name, address and phone number for the record. 10/24/88 PAGE SIXTEEN Agenda item dealing with transferring ownership of Encanto Encanto Pkwy Parkway to Kirst Construction Company was removed from the removed from Agenda by Councilman Stemrich. Agenda Moved by Councilwoman Avila, seconded by Mayor Moses and Reso/Plaque unanimously carried by roll call that a resolution/plaque be for Elanor prepared in memory of Elanor Allen, who was a very special Allen resident of the City who was very involved and concerned with the City. Said resolution to be forwarded to her brother in Colorado. Moved by Councilwoman Avila, seconded by Councilman Stemrich and carried by roll call that staff be directed to prepare a policy honoring deceased long time residents of the City with a resolution or plaque for presentation to their families. Further that a policy commending retiring/resigning City employees who have been with the City for ten years or more with a resolution or plaque also be established. Mayor Moses abstaining. Councilman Latta advised the Council that at the Annual League of California Cities Conference, which most of the members attended, had many beneficial workshops. Because of concurrent sessions being held, some Councilmembers attended workshops that other ones did not. He felt that Council and staff should get together and report on the various workshops attended for all to benefit. Staff to prepare Policy re: hnrng dec. res & commend retiring empls. Staff to set Study Sess to discuss League wrk shop info It was then moved by Councilman Latta, seconded by Mayor Moses and unanimously carried by roll call that staff be directed to schedule a study session for Councilmembers and staff, preferably at the Manresa Retreat, to discuss information gathered from the League Conference. Councilman Naranjo's item regarding Azusa Rock's Special Azusa Rock ' Use permit was deferred to after Closed Session. item dfrd to after Councilman Latta offered a resolution entitled: Closed Sess A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA TO Res. #8533 RECESS TO CLOSED SESSION ON OCTOBER 24, 1988, PURSUANT TO Closed Sess THE PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) AND (b) . Moved by Councilman Latta, seconded by Mayor Moses to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE TIME OF RECESS TO CLOSED SESSION: STERMICH, NARANJO, LATTA, 11:40 P.M. CITY COUNCIL RECONVENED AT 12:33 P.M. Recess to Closed Sess Reconvened 'The City Attorney advised that during the Closed Session the Action to Council took action to terminate employee D. Woodson. Said dismiss D. action was unanimous. Woodson Councilman Naranjo then addressed Agenda Item dealing with Motion to discussion regarding possible mitigation measures regarding meet w/Azusa Azusa Rock's Special Use Permit. He made a motion to direct Rock discuss staff to place the consulting companies on hold at this mitigation time, and to begin negotiations with Azusa Rock and the City measures of Duarte to mitigate and to come back with those & new Pub mitigations and set another public hearing for the second Hrg meeting in November. 10/24/88 PAGE SEVENTEEN Prior to any action on the motion, Ms. Marlene Fox, attorney for the City of Duarte, requested to address this item. She stated that she had some questi matter, specifically, that it had been before and that mitigation measures had Azusa Rock and they were not amenable to recommended. She went on to state hearings had been held prior to this understand why this was being brought up Dns regarding this before the Council been discussed with any of the measures that since public time, she did not again, and at such a late hour. She discussed the fact that the City of Azusa wanted their own reports from consultants; meetings held with the City of Duarte and Azusa Rock; time constraints due to the possible classification of Azusa Rock by the State Geology and Mining Board; further discussions with Azusa Rock re: mitigation measures would be fruitless, and that she felt the actions here tonight by the City of Azusa "smacks of an end run around your citizens and around the City of Duarte..." Councilman Naranjo advised Ms. Fox that his motion concerned holding another public hearing for public input after discussions were held regarding proposed mitigation measures. He stated that the action taken at the last meeting to hire consultants was valid; however, after reading all the material and documentation provided, which he was unable to do prior to the hearing, he now felt, that in all good conscience, expending that amount of money to hire consultants was not feasible. He felt that the problem could be mitigated and that the City of Azusa was not trying to "ramrod something down the public's throat..." Another public hearing will be held for public comment. Heated and lengthy discussions ensued between Ms. Fox, the Council and the City Administrator. Ms. Fox stated that the City of Azusa should have had the courtesy of advising the City of Duarte that this item was going to be placed on the Agenda. City Administrator responded that City Manager Duff of Duarte was aware that this item was going to be brought up as they discussed it at a meeting held with him last week. City Attorney Thorson interjected at this time, that the discussions were way off kilter. He stated that the motion made was simply to re -open the Hearing and to provide notice that a meeting is to be held on the second meeting date in November. He further stated that any other discussion of the merits of the mitigation measures or whether or not the mitigation measures should even be imposed should be discussed at the Public Hearing. Comments M. Fox Comments Naranjo General discussion Comments Cty Atty Councilman Stemrich then seconded the original motion made Stemrich by Councilman Naranjo to direct staff to meet with Azusa seconded Rock and the City of Duarte to discuss mitigation measures prior and to set the Public Hearing for the second meeting date motion in November. Mr. Glenn Watson addressed the Council and requested if the Comments date for the hearing could be scheduled for the first G. Watson meeting in December, as he would be out of state on the third Monday in November. Councilman Latta advised him that he would be out of state on the first Monday in December. Mr. Watson then stated that he would postpone his trip. He then briefly commented that the record would disclose that Mr. Sheedy accepted many of the mitigation conditions proposed by the Planning Commission which were the same ones he had submitted in writing to the City Council. Councilman Naranjo then requested the Mayor to call for the Call for vote on his motion, which was seconded by Councilman vote on Stemrich. Motion passed by the following vote of the motion Council: appvd 10/24/88 PAGE EIGHTEEN AYES: COUNCILMEMBERS: AVILA, STERMICH, NARANJO, LATTA, NOES: COUNCILMEMBERS: MOSES ABSENT: COUNCILMEMBERS: NONE Mrs. Carol Montano requested to speak and was allowed to do Comments SO. Her concern was whether or not at the new Public C. Montano Hearing would there be additional information or just a review of documentation previously provided. City Administrator Fuentes advised that all information will be reviewed and that staff will get together with Azusa Rock and the City of Duarte, if they wish to participate, to discuss any renewed interest in mitigation. And, that all recommendations will be given to the Council for discussion at the hearing. He, further, stated that he hoped the issue would be resolved at that time. Moved by Councilman Stemrich, seconded by Councilwoman Adjourn Avila, and and unanimously carried to adjourn. 1 TIME OF ADJOURNMENT: 12:55 A.M. NEXT RESOLUTION NO. 8534 NEXT ORDINANCE NO. 2382 10/24/88 PAGE NINETEEN