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HomeMy WebLinkAboutMinutes - December 5, 1988 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING DECEMBER 5, 1988 - 7:30 P.M. The City Council of the City of Azusa met in regular session at the above date and time in the Civic Auditorium. Mayor Moses called the meeting to order and led in the Call to Order salute to the Flag. INVOCATION was given by Reverend John Sims of the Prevailing Invocation Word Ministry. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, MOSES ABSENT : COUNCILMEMBERS: LATTA Latta absent ALSO PRESENT Also Present City Attorney Thorson, City Administrator Fuentes, Assistant City Administrator Diaz, Director of Finance Craig, Director of Community Development Bruckner, Utilities Director Hsu, Director of Community Services Guarrera, City Librarian Alaniz, Assistant Director for Engineering and Public Works DeLoach, Economic Project Analyst Katchen-Gall, Police Captain Nelson, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Lara. Moved by Councilman Naranjo, seconded by Councilwoman Avila Latta excused and unanimously carried by roll call* to excuse Councilman Latta from the meeting. CEREMONIAL Ceremonial NONE None The CONSENT CALENDAR consisting of Items 1 through 20 was Cons Cal approved by motion of Councilman Naranjo, seconded by appvd, F-17 Councilwoman Avila and unanimously carried by roll call cont. & F-10 vote*, with the exception of Item F-17, which was continued Spec Call to the December 19th meeting, and Item F-10, which was considered under the SPECIAL CALL portion of the Agenda. 1. The Minutes of the regular meeting of November 21, Min appvd 1988, were approved as written. 2. Agreement to purchase replacement capacity from Agmt w/Edison Southern California Edison Company for 1989 was replacement approved and its execution authorized. This agreement capacity sets forth the terms and conditions for the Southern California Edison Compay to provide Azusa the capacity to replace rated capability of Azusa's integrated resources, Palo Verde Nuclear Generating Station entitlement and Hoover Hydroelectric plant allocation when these resources are not available. 3. The resignation of Police Officer Kerry Tripp, Resign. K. effective November 7, 1988, was accepted. Tripp 4. Employee step increase and permanent status Step inc./ recommendations were approved for the following: perm status NAME STATUS A. Contreras Step 4 S. Capper Step 5 R. Garcia Step 5 12/01/88 12/01/88 12/01/88 5. The resignation of Rance James, Computer Operations Resign., R. Analyst in the Consumer Service Division, effective James November 22, 1988, was accepted. 6. An Agreement for lease of water rights from Adams Ranch Agmt for leas Mutual Water Company was approved and its execution of water its authorized. The Agreement provides the lease of 100 Adams Ranch acre feet for fiscal year 1988-89, at a cost of $135.00 per acre foot. This is 12% below the current rate that the Watermaster has established. Their current rate is $153.00 per acre foot. 7. The probationary appointment of Edward Beterbide to the Appt. E. position of Utility Yard Office/Meter Test Technician Beterbide Assistant, effective January 1, 1989, was approved. 8. The probationary appointment of Jack Fraijo to the Appt. J. position of Water Utility Worker Crew Supervisor, Fraijo effective December 12, 1988, was approved. 9. Amendment No. 1 to the Palo Verde Nuclear Generating Amend. No. 1 Station Transmission Service Agreement was approved and Palo Verde its execution authorized. There are two major Trans. Svc revisions in this Amendment. One deals with the availability of transmission capacity and the other issue deals with the scheduling and dispatching 110. charge. SPECIAL CALL ITEM Special Call 11. The promotional appointment of Raul Alvarado to the Appt. R. position of Park Maintenance Crew Supervisor, effective Alvarado December 6, 1988, was approved. 12. In July of last year, bids were received for the Agmt w/Cal installation of traffic signals at San Gabriel and Trans for Ninth Street which included modification to the curb signal @ returns and storm drain system. Only one valid bid was 9th & San received at that time, and was higher than the Gab. & bid Engineer's estimate approved by the California call Department of Transportation. Council rejected that bid and authorized staff to amend the agreement with the State to accommodate the increased costs. Through negotiations, the State has agreed to fund 100% of all modifications to the drainage systems and split remaining items evenly. The Participation Agreement Amendment No. 3888 was approved and its execution authorized. The City Clerk was directed to re - advertise for bids on this project. 13. Claim v. the City by Carey Ann Duchaineau, for alleged Claim v. Cty injuries sustained due to failure to cover an open C.A. Duchai- ' water main, occurring July 26, 1988, was denied and neau referred to the City's Claims Administrator. 14. Due to increasing activities in residential and Agmt for tree commercial development during the last two to three trimming for years, the Electric Division personnel have dedicated electrical most of their efforts towards providing electrical line clearanc distribution to those facilities and have been unable Asplundh Tree to maintain our tree trimming program for electrical Service 12/05/88 PAGE TWO line clearance. Staff has received informal quotations for this service from Davey Tree Company and Asplundh Tree Experts. Formal bidding procedures were waived pursuant to the Municipal Code and authorization given to award a contract to Asplundh Tree Experts for a 90 day period, beginning December 6th, 1988 through April 12th, 1989, at a cost of $55.98 per hour. 15. Sierra Builders has completed construction of the new Notice of office addition for the Community Services Department, Comp. Proj ' Project No. 758-88, to the satisfaction of staff. The 758-88 Notice of Completion was approved and its execution authorized. The City Clerk was directed to have the Notice recorded. 16. The Azusa Water System Master Plan calls for a number Notice of Az Rock of water system improvement projects to accommodate Pub Hrg on Azusa Rock Quarry. He advised that public hearings were normal growth and prospective developments. A study 12/19 re: was prepared analyzing the financial impact and a dev_fees having arisen with regard to this resolution, he would Capital Facilities Improvement Plan establishing a water system development fee. The Council acknowledged receipt of a imp. projects copy of the Azusa Water System Financing Study, proposed Ordinance and other related documents and announced that a Public Hearing will be held on this matter at the December 19, 1988 City Council meeting. 17. CONTINUED TO DECEMBER 19, 1988, MEETING. Cont. item 18. .Claim v. City by Olivia Chaidez, for alleged injuries Claim v. Cty sustained due to death of claimant's husband, occurring O.Chaidez September 21, 1988, was denied and referred to City's Claims Administrator. 19. The Registrar -Recorder's certification of Official Certifica- Canvass of the Azusa Special Municipal Election, tion results consolidated with the General Election held on November of 11/8 spec 8, 1988, was received and certified by the City election Council. 20. Two separate resolutions authorizing payment of warrants by the City were adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #s 8544 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE & 8545 FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Warrants THE CITY COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY AT Adj to CRA 7:43 P.M. THE CITY COUNCIL RECONVENED AT 7:55 P.M. Reconvened THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL No bus IDA DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE ORDINANCES/SPECIAL RESOLUTIONS Ord./Spec.Res =City Attorney announced that the proposed resolution on the Prop. Reso Agenda amended Resolution No. 3546 and modified the Az Rock conditions of approval for the special use permit for the Comments Azusa Rock Quarry. He advised that public hearings were by Cty Atty held on this matter and at Council direction the resolution was prepared. He stated that due to so many questions having arisen with regard to this resolution, he would explain it in detail. Section 2 sets forth certain 12/05/88 PAGE THREE findings. These findings were described in the staff report at the November 21st public hearing. They summarize the evidence that was presented at the various public hearings, both before the Planning Commission and the City Council. Section 3 sets forth the conditions of approval that were attached to the staff report of November 21st, with certain exceptions. The exceptions related to responses to questions to the attorney for the City of Duarte, Ms. Fox and testimony presented to the Council by Mr. Fuentes, at that time. One change was the clarification of Condition 'B2, which specifies that in the event the new road and conveyor belt are installed, no trucks coming from or going to the rock quarry would be allowed to use Encanto Parkway, except in emergencies or if the river is impassible. Also Condition I originally read, the subject use permit shall be in effect for 25 years, which shall be renewable for another 25 years if there is substantial compliance with the conditions of approval. In response to Ms. Fox' question, he announced that this would be a discretionary action, however, the discretion would be limited to determining whether there would be substantial compliance with the conditions of approval. Therefore, the word renewable was replaced with the word renewed to clarify that. Also provisions were made that the hearing on the review every two years, would be a duly noticed public hearing, so that there would be a notice in the newspaper and any action of the Planning Commission could be appealed to the Council within 20 days. The final change was in Condition M, which originally read that a reclamation fund shall be created, to be jointly managed by the City and Azusa Rock for the purpose of ensuring reclamation. The word ensuring has been deleted to make it absolutely clear that the money within this fund will actually be used for reclamation and would not serve as some form of security. Azusa Rock expressed a number of objections to the proposed conditions, however, 'they are now willing to accept those, if Finding F is deleted and Finding G is amended to simply read: "The problems identified in sub -paragraphs A through E can be mitigated to acceptable levels." It was staff's recommendation that so long as the conditions are accepted that the changes in the findings be accepted. They really do not change the ultimate effect of the resolution, which is to impose these additional conditions of mitigation. Councilman Stemrich inquired if the City of Duarte was in Comments agreement with these conditions, but the question remained Stemrich unanswered. Mayor Moses advised that there were some people in the Comments audience who wished to speak on this issue and wanted input Moses on from the Council whether or not they should be allowed to people speak. speaking Moved by Councilman Stemrich, seconded by Councilman Naranjo No public and carried by roll call* that discussion on this issue not input be allowed. Mayor Moses dissenting. Councilwoman Avila asked for clarification on the statement Comments made by the Mayor, during the Redevelopment Agency's portion Avila of the Agenda, that there were officers walking around City all. He responded that he had heard someone in the Fuat dience make this statement and had asked Captain Nelson if was the case. Captain Nelson then advised that officers are always readily Comments available, on call, whenever there is a Council meeting as a Capt. Nelson matter of routine. 12/05/88 PAGE FOUR Councilman Stemrich, again, asked if the City of Duarte was Comments in agreement with the mitigation conditions. City Stemrich Administrator advised that to the best of his knowledge, they were in agreement, as he had discussed the matter with Mr. Duff that day. However, with respect to the findings, Mr. Duff stated that he did not see anything on the surface but that he would have to confer with their attorney. He did not talk to him after that. City Attorney advised that he had spoken to Ms. Fox in the Comments 'morning and that she objected to the change in Condition I, Cty Atty regarding renewal of the quarry if the finding was made that there was substantial compliance. The Mayor, again, wished to open up discussions from the Motion to public and the City of Duarte on this issue, and made a allow pub motion to that effect. prtcpation General discussion was held regarding how many people would General be allowed to speak; limiting the time for discussion; as discussion well as if the testimony given would be timely or just going over what had been said in the past. There being no second to Mayor Moses' motion, it died for Motion died the lack of a second. Ms. Lucy Shelton addressed the Council and was advised that L. Shelton she was not allowed to speak, and then continued to do so. not allowed At that point, it was moved by Councilman Naranjo, seconded to speak by Councilman Stemrich and unanimously carried by roll call* to recess for five minutes. TIIME OF RECESS: 8:08 P.M. THE CITY COUNCIL RECONVENED AT 8:19 P.M. ,Moved by Councilman Stemrich, seconded by Councilman Naranjo and unanimously carried by roll call* that resolution regarding additional conditions to the special use permit of the Azusa Rock Quarry be continued to the meeting of December 19th; further that any questions from the public be submitted in writing and staff will evaluate those concerns and respond. SCHEDULED ITEMS Recessed Reconvened Reso on Azusa Rock cont. to 12/19 mtg quest frm pub be sent to staff Sched. Items PUBLIC HEARING - on appeal of Maria Magana for a Precise Pub Hrg Plan of Design and a variance legalizing a garage P-88-176 & conversion, constructing a garage with reduced setbacks and V-88-18 turnaround area, and exceeding the maximum lot coverage, V- 88-18 and P-88-176, on the property located at 526 East Mason Street. The Mayor declared the Hearing open. The City Clerk read Hrg opened the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on November 16th, as well as affidavit of proof of posting said property on November 23rd, 1988. 'Community Development Director Bruckner addressed this item Testimony and stated the garage conversion was discovered when staff staff observed a carport being constructed on the premises without building permits. With this discovery, three separate illegal construction projects were found. The applicant maintains that the converted garage is necessary to provide a guest house for her mother. Staff and the Planning Commission both suggested that a guest house could be constructed adjacent to the original garage, thereby 12/05/88 PAGE FIVE providing both the requested living space at the required garage turnaround area. With the removal of the patio cover, all zoning requirements could be easily met. The applicant is not agreeable to this, as this would reduce the useable open area on the property. Her request would result in an unuseable and unsafe garage and a dramatic overcrowding of the property. It was the recommendation of the Planning Commission that her appeal be denied. Applicants, Maria and Gustavo Magana, addressed this item Testimony stating that they need the garage for their mother who is applicants ill. They did not realize that it was illegal when they converted it. However, they want to keep it as converted and build another garage. They contended that there was enough room for turnaround if they did so. General discussion ensued between Council, applicants and General Community Development Director. discussion No other testimony was received. Moved by Councilman Stemrich, seconded by Councilman Naranjo Hrg closed and unanimously carried by roll call* to close the hearing. Moved by Councilwoman Avila that the appeal be denied and Deny appeal the Planning Commission's recommendation be upheld. Motion (died) died for the lack of a second. Moved by Mayor Moses, seconded by Councilman Naranjo and Rfrd to P.C. unanimously carried by roll call* that the matter be referred to the Planning Commission for reconciliation. Mr. John Dangleis, Meet Director, Azusa Pacific University, J. Dangleis addressed the Council regarding the National Association of req for spon- Intercollegiate Athletics National Track and Field sorship for Championships, to be held at the university on May 25-27, NAIANTF 1989, and requested the City to be an Event Sponsor as well l rfrd to as purchase a full page promotion on the inside front cover, Screening at a cost of $5,000.00. Comm. It was consensus of Council that this matter be referred to the Screening Committee for disposition. Presentation by Richard Spencer for expanding operations at Expanding Azusa Land Reclamation was removed from the Agenda. Mr. Az Land Recla Spencer could not be in attendance and another date will be removed frm considered. I Agenda I Community Development Director Bruckner presented an oral Comments on report on the Raiders Stadium Environmental Impact Report Raiders Sta- for Council information and possible input. He stated that dium EIR by the traffic analysis appears to be high. The capacity of Comm Dev Dir the existing freeway onramps cannot handle the expected traffic volumes. Freeway message boards may be useful in diverting traffic around congestion points. Due to high traffic volume on Foothill Boulevard, it is strongly recommended that a pedestrian or trolley overpass be constructed. Police Department services will increase, therefore, a police services impact fee should be established to mitigate this impact. He advised that these would be submitted to the City of Irwindale for 'concerns incorporation into the final EIR/EIS. Council discussion ensued regarding impacts on Citrus Council in - College if the Raiders Stadium would be used for Junior put on EIR College and high school football games. Another concern was using the stadium for concerts and rock concerts during the off season. Possibility of Irwindale and Azusa sharing a helicopter surveillance service to check traffic was also discussed. Since the City of Azusa will be providing the stadium with water, we do have some bargaining power. 12/05/88 PAGE SIX Director of Community Services Guarrera reported on the Report on state of the fixed route transportation system and fixed route recommendations made by the Parks and Recreation Commission. trans system He advised that the ridership has grown to over 3000 probs by passengers per week. School students represent 55 to 60% of Comm Svcs Dir the riders, and the problems that this causes. During peak hours of service, students tend to monopolize the use of the bus service. They crowd around several of the bus stops, storming the bus, to ensure that they get a seat. At times, there are 35 to 40 students waiting. The buses can 'only accommodate 25. This practice has caused the drivers to leave mothers with small children, and senior citizens behind at the bus stops. Another problem is the vandalism caused by these students. Ripped upholstery and graffiti are big concerns. Transients, also, use the bus for joy riding and many of them are intoxicated. He then presented pictures for Council perusal of the bus' conditions, students waiting at bus stops and people left behind. He stated that the Commission examined alternative considerations to alleviate the problems and felt that the best solution would be to prohibit school students, under the age of eighteen (18), from using the bus service during peak school hours unless accompanied by an adult. General discussion ensued between the Council and Director General of Community Services, regarding possibility of charging a discussion fee for use of the bus, what other cities have done in similar circumstances, changing the bus route and if the Los Angeles County Department of Transportation had any objections to proposed recommendation of the Commission. Moved by Mayor Moses, seconded by Councilman Naranjo and Tabled for unanimously carried by roll call* to table this item until rpt frm Cty such time as the Director of Community Services has surveyed Atty & survey surrounding cities regarding this problem and when the City of other 'Attorney has reviewed Proposition A guidelines regarding cities same. SPECIAL CALL ITEMS Spec Call The Mayor questioned proposed resolution adjusting the Prop reso water rates. Director of Utilities Hsu addressed this item, adjusting stating that the current water rates have been in effect water rates since January 1, 1985 and revisions are necessary. discussion Amendments are attributable to the escalation of costs for material and labor since 1985, which have been absorbed by revenue from increased sales, and substantial increase of cost in water purchasing. During the period from 1985 to 1988 the increase in water sales has exceeded the water appropriative rights adjudicated to the City. In fiscal year 1987-88, the Utility Department had to purchase over $200,000.00 of water from the Watermaster to supplement Azusa's total water requirement. It is estimated that $300,000.00 of water will be purchased from the Watermaster for the current fiscal year. Even with the increase in rates, Azusa is still 22.7% below the mean of surrounding utilities surveyed. Discussion was held regarding 3/4" and 5/8" service charges, 'and amount of increase. Also that senior citizens and those on disability will receive discounts. Councilman Naranjo then offered the resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA FIXING Res. #8543 AND ESTABLISHING THE RATES TO BE CHARGED FOR WATER BY THE water rates CITY OF AZUSA. 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: 12/05/88 PAGE SEVEN AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, MOSES access & NOES: COUNCILMEMBERS: NONE their CUP destroyed by the surface mining and is damaging the info ABSENT: COUNCILMEMBERS: LATTA valuable community resource, then the Society is prepared to PUBLIC PARTICIPATION actions. He hoped that would not be necessary. Comments Pub.Prtc. Mr. Ray Corcoran addressed the Council regarding Code R. Corcoran Amendment No. 160, river bed maintenance operations in the comments on Water Conservation zone. He stated that the City is being Amend. 160 'misled into adopting this amendment, as it would remove our river bed control over the mining of rock in the City. If the maintenance ordinance is adopted, anyone could receive a variance or conditional use permit to mine for rock and this could possibly tear down the whole mountain. As Mr. Corcoran's time to speak had elapsed, it was R. Corcoran consensus of Council to allow him one more minute to speak. allowed more His comments reiterated the importance of not adopting this_ time to speak ordinance when presented to Council at a later date. Mr. David James of the Forest Preservation Society addressed Comments D. Council regarding concerns on Fish Canyon Road. He stated James re: that the City failed to monitor the conditional use permit Fish Cnyn originally granted to Kirst Construction Company and the access & access to Fish Canyon. The entire canyon has been fenced in Az Rock and there is no public access. The canyon is being their CUP destroyed by the surface mining and is damaging the info environment. He went on to state that if the City and the Federal Government are unable to properly manage this valuable community resource, then the Society is prepared to file a federal action and seek judicial review of the City's actions. He hoped that would not be necessary. Comments Mrs. Carol Montano addressed Council and stated that the Comments Committee to Save the Foothills would like to state several C. Montano items for the record. On June 6th of this year, members of on Azusa the committee were assaulted by an Azusa Rock water truck Rock while on a public access road. On November 30th, of this year, members of the committee appeared at Citrus Court with regard to battery charges that have been filed against the driver of that truck and that the trial is set for January of 1989. In September of this year a flyer was mailed to the residents of Azusa by Azusa Rock. She believes that they were negligent in doing so and also negligent in abiding by the conditions of their conditional use permit. She went on to state that their committee would remain steadfast and united to fight the destruction caused by Azusa Rock. Mrs. Gayle Avakian addressed the Council stating that she Comments would like to see the conditional use permit that Azusa Rock G. Avakian received from the City. In 1956 a permit was issued to Azusa Rock Canyon City Rock Company and she wanted to know how this & req for permit could be transferred to Azusa Rock over a thirty year their CUP period. If they did receive one she wanted to know how and info when they did, and that she would come to City Hall the next day to see that such a permit existed. She requested the Mayor to direct the City Administrator to make that information available to her. The Mayor questioned the City Attorney reqarding this Comments request and he responded that this was public information Moses and could be reviewed by the public. Councilwoman Avila stated that this was a democratic society Comments and if any direction to staff were to be made, it should be Avila done by the Council, not just the Mayor. However, since the information Mrs. Avakian wished was public information, it was available to her without staff being directed to do so. 12/05/88 PAGE EIGHT Mrs. Avakian then stated that the City Administrator should have the documentation on the transfer of the permit to the Azusa Rock Quarry. City Administrator apprised her that if, indeed, the documentation existed, that the departments that would be able to help her would be either Planning or the City Clerk. Further, that any information of this nature was available to her as well as any other citizen. Mr. Howard Kennedy addressed the Council regarding the mitigation measures proposed for Azusa Rock. He stated that he had some problems understanding all of the measures. One of the problems was the conveyor belt, and how that would be taxed. He questioned the new road and thought it should be paved completely. There is nothing in the contract that imposes any fines or penalties and wondered how this would be handled if Azusa Rock did not comply. Councilman Stemrich advised that if they did not comply they would be closed down. Mr. Kennedy went on to question several items regarding Encanto Parkway, Fish Canyon Road and Todd Avenue use restrictions. As Mr. Kennedy's time to speak had elapsed, it was consensus of Council that he be allowed to speak an additional five minutes. He went on to state that he had questions on the 25 year permit and the two year review period. He felt the permit should be for two years only and be renewed, if feasible, every two years. With regard to Azusa Rock providing the City with a site map and plan, we should be telling them what we want, not the other way around. He discussed environmental aspects and also that he felt the permit should have more teeth in it, be re -defined and be more exact. Mr. Kennedy was advised to present all his questions and concerns to the City Administrator for perusal. Mr. Art West addressed the Council and asked for clarification regarding any questions on the mitigation measures should be submitted to staff for their review. Councilman Stemrich advised that when staff reviewed this information they would see if there was any validity to it and report to Council. He further stated that whether or not the Minutes reflected that Azusa Rock would be closed down if they did not comply, this was not legal. City Attorney apprised that if they did not comply, there would be a hearing and that the Municipal Code stipulated such action to be followed. He further spoke about the quarry not being in operation for some years, and that it should have been closed down then. He discussed various reports regarding revegetation, streams being filled with silt and the water quality. As Mr. West's time to speak had elapsed, it was consensus of Council that he be allowed an additional two minutes. Mr. West went on to state that another report from Simpson and Simpson was prepared and stated that the City did not receive any monies from the mining that Azusa Rock did for tany years and wondered why. eneral discussion ensued on this particular statement. Councilwoman Avila interjected that we keep re -hashing the same thing over and over again. She stated that it was time that people spoke more positively. She felt that the only things the Council hears lately is, "after the fact" complaints, they never receive any positive input from the community. She hoped this would change when the Council had their town hall meetings. 12/05/88 PAGE NINE Comments Avakian Comments H. Kennedy re: mitiga- tion meas. Azusa Rock Kennedy allwd more time to speak Comments A. West Azusa Rock A. West allwd more time to speak Comments Avila Discussion was held regarding allowing other residents time Disc re: more to speak since the time alloted for public participation had pub prtcpatn gone over the half-hour mark. It was then moved by Councilman Naranjo, seconded by Participation Councilman Stemrich and unanimously carried by roll call* to closed discontinue public participation as the time allotted had been exceeded. 'OTHER BUSINESS/CITY COUNCIL Mayor stated that staff has been doing a good job on the tree trimming program. The Mayor asked the City Attorney if the City could rent a portion of the land in front of City Hall to the Chamber of Commerce in order that a nativity scene could be placed there. City Attorney advised that the California Courts have ruled very explicitly that cities may not expend any money for religious purposes and specifically for nativity scenes. Nativity scenes can be displayed on private property or on public property where other groups can also use the property for their displays. If the Chamber were allowed to display the nativity scene, then any other groups could use that area for their displays also. No action taken on this item. Discussion was held regarding employees of Rogers Jeep Eagle using all the parking space on San Gabriel Place. Councilman Stemrich was under the impression that Rogers was going to supply parking spaces for his employees under the provisions of his conditional use permit. It was consensus of Council that this matter be referred to staff for follow- up. Councilwoman Avila requested that when gifts are received by Council, such as gifts from our Sister City in Zacatecas, that they belong to the City and should be placed on display. The Mayor stated that he had received gifts from the Governor of Zacatecas but they were just tokens and not valued at more than $8.00. Councilwoman Avila stated that the value did not matter, the fact that it should be displayed as an exchange gift for the citizens to see mattered. Discussion was held regarding a proposed policy on this matter and whether items received prior to the policy should be returned. The City Attorney advised that the policy would only cover gifts received after the policy was in effect. Oth Bus/Cncl Tree trimm. done well Disc re: nativity scene @ City Hall (not allwd) Rogers' emps using San Gab Place fr pkng rfrd to staff Disc re: gifts reed to go to City for display It was then moved by Councilwoman Avila, seconded by Staff to Councilman Stemrich and unanimously carried by roll call* prepare Polic that staff be directed to prepare a policy regarding gifts re: gifts received by Council to be considered City owned property and that these items be displayed, possibly in the Museum. Councilwoman Avila discussed the possibility of getting an Staff to ty verhead projector or some type of screen to be placed on purch items he stage, so that when slides or other matters to be viewed needed for Council and the public were presented, they would be more overhead visible and convenient for everyone. proj., etc. It was then moved by Councilwoman Avila, seconded by Councilman Stemrich and unanimously carried by roll call* that staff be directed to purchase the necessary items to accomplish this. 12/05/88 PAGE TEN 1 e; Councilman Naranjo discussed the possibility of offering a $500.00 reward for the arrest and conviction of graffiti perpetrators. He stated that the City has had a rash of graffiti lately and it was very costly to the City for the clean up, and unfortunately no one is around to see when it is being done. Councilman Stemrich asked if it were possible, after arresting someone for the crime and if he/she were of legal age, could the City print their picture to allow the neighbors to see who was responsible for the graffiti. City Attorney advised that he would have to 'defer judgment on that until he had more facts. He further stated that if the Council wished to offer a reward, a resolution would have to be prepared with all the particulars regarding the reward. Disc. re: reward for graffiti perpetrators It was then moved by Councilman Naranjo, seconded by Cty Atty to Councilman Stemrich and unanimously carried by roll call* to prep Reso direct the City Attorney to prepare the resolution regarding re: graffiti the reward for graffiti perpetrators. reward Councilman Naranjo offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA TO Res. #8546 RECESS TO CLOSED SESSION ON DECEMBER 5, 1988, PURSUANT TO Closed Sess THE PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a). 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, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: LATTA TIME OF RECESS TO CLOSED SESSION: 10:34 P.M. THE CITY COUNCIL RECONVENED AT 10:56 P.M. Moved by Councilman Naaranjo, seconded by Mayor Moses and unanimously carried* to adjourn. TIME OF ADJOURNMENT: 10:57 P.M. CITY CLERK 'NEXT RESOLUTION NO. 8547 NEXT ORDINANCE NO. 2388 * Indicates Councilman Latta absent. 12/05/88 PAGE ELEVEN Recess to Closed Sess Reconvened Adjourn