Loading...
HomeMy WebLinkAboutMinutes - February 6, 1989 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 6, 1989 - 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 Pastor Gary MacDonald of the Invocation Foursquare Gospel Church. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: AVILA, STEMRICH, LATTA, MOSES ABSENT : COUNCILMEMBERS: NARANJO Moved by Councilwoman Avila, seconded by Mayor Moses and unanimously carried by roll call* that Councilman Naranjo be excused from the meeting due to his attendance at a conference. ALSO PRESENT Also Present City Attorney Thorson, City Administrator Fuentes, 'Assistant City Administrator Diaz, Captain Nelson, Director of Finance Craig, Director of Community Development Bruckner, Electric Superintendent Perkins, Director of Community Services Guarrera, City Librarian Alaniz, Director of Public Works Deloach, Redevelopment Director Steel, Business Marketing/Public Information Officer Katchen-Gall, Code Enforcement Officer Rudisel, City Treasurer Talley, City Clerk Solis, Administrative Clerk Toscano. CEREMONIAL Ceremonial NONE The CONSENT CALENDAR consisting of Items 1 through 15 was Cons Cal approved by motion of Councilman Latta, seconded by appvd Item . Councilwoman Avila, and unanimously carried by roll call* F-9, remvd vote, with the exception of item F-9 which was removed from frm Agenda the Agenda. Mayor Moses abstained from Agenda Item F-6. 1. Minutes of the regular meeting of January 161 Min appvd 1989, were approved as written. 2. Appointment of Ms. Rachel Villasenor to the position of Appt R. Customer Service Representative III, effective Villasenor February 7, 1989, was approved. 3. Appointment of Mr. Terry Lewis to the position of Appt T. Customer Service Representative II, effective February Lewis 21, 1989, was approved. 4. Employee step increase and permanent status recommendations were approved for the following: NAME STATUS EFFECTIVE M. Keefe Step 3 01/13/89 M. Powell PermStat 01/05/89 R. Gallego Step 5 02/03/89 V. Perkins Step 3 02/11/89 Emp step inc Perm status I I I U98 5. The Light and Water Department presently has 24 mobile Purchase 12 radios. Twelve are obsolete and need to be replaced. mobile Formal bidding procedures were waived pursuant to the radios Municipal Code and authorization was given for the purchase of twelve radios from Motorola Communications under the Los Angeles County purchasing contract, at a cost of $11,813.54. 6. Plans and specifications for the new two million gallon Plans & Sped: reservoir at 255 E. Sierra Madre, were approved and the two million ' City Clerk directed to advertise for bids. gal rsvoir 7. Specifications for the reconditioning of the North Specs/North Well, were approved and the City Clerk was directed to Well advertise for bids. recondition 8. Specifications, completed by R.W. Beck, for testing, Specs/Elect inspection and servicing of the City's electric Substation substation breakers, relay and other appurtenances, Breakers were approved and the City Clerk was directed to advertise for bids. 9. REMOVED FROM AGENDA. Remvd 10. Plans and specifications for construction of restrooms Plans & Specs for the Civic Center Park, Project No. 775-88, were Civic Cntr Pk approved and the City Clerk was directed to advertise Restrooms for bids. As a part of this project a 120 sq.ft. room will be constructed which will be used for recreational storage and maintenance use. 11. The Light and Water Department requests acquisition of certain electric customers from Southern California Edison Company. One customer is located at 726 W. ' Foothill Blvd. and is surrounded by Azusa's distribution system. Edison's overhead service line on Alosta, would then be eliminated, thus improving the aesthetics of the City's main artery. The second location consist of two commercial customers in the Ranch Center at 350 and 390 N. Citrus Avenue. The developer of this shopping center has requested us to assume the service responsibility for these tenants. In order to begin the process of transferring these customers the following resolution was approved. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8569 AUTHORIZING STAFF TO INITIATE THE ACQUISITION PROCESS Elect Distr. FOR CERTAIN ELECTRICAL DISTRIBUTION FACILITIES FROM Facilities SOUTHERN CALIFORNIA EDISON COMPANY. 12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8570 AUTHQRIZING THE DEFENSE OF CITY EMPLOYEE PATRICK JAMES Defense P. J. MANNION PURSUANT TO GOVERNMENT CODE SECTION 995.8. Mannion 13. Mr. Daniel Paez has been on paid leave status since October 28, 1988, due to an industrial injury. Approval was given to continue paid leave status from January 26, 1989, until such time as Mr. Paez is ' declared permanent and stationary, or he is able to return to his regular duties, or one year, whichever occurs first. 14. Promotional appointments of Jeff Reed and Sam Gonzalez to the position of Police Sergeant, effective February 7, 1989, were approved. 15. Three separate resolutions authorizing payment of warrants by the City were adopted and entitled: Cont. paid leave of absence D. Paez Promotional Appts J. Reeci S. Gonzalez A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #s 8571, ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE 8572 & 8573 FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Warrants 02/06/89 PAGE TWO 1 �'y9 THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 7:39 P.M. CONTINUED JOINT PUBLIC HEARING - on the proposed sale of certain real property in the Azusa Central Business District Redevelopment Project Area to DeRosa Properties for the construction of approximately 51,000 square feet of commercial space with parking and landscaping. The real property consists of approximately 3.5 acres generally bounded by Foothill on the south, San Gabriel on the west, the ATSF railroad on the north and Azusa on the east. Also, the presentation of a Disposition and Development Agreement. The Mayor/Chairman declared the Hearing re -opened. Redevelopment Director Steel addressed Council/Board stating that staff has been trying to develop the 3.5 acre site on the northwest corner of Azusa and Foothill for about three years and there has been much past difficulty with site plans and developers in trying to get this corner redeveloped. He stated that six months ago the Agency entered into a negotiation agreement with DeRosa Properties and the result of these negotiations is being presented tonight. He further explained that the Disposition and Development Agreement requires the Agency to acquire the balance of the site. The Agency owns 40 to 50% of the site. The Agreement is to pick up the balance of the site and complete other responsibilities, such as, off site public improvements, utility relocations, and relocating all the displaced businesses and residents that are at the site. He noted the importance of approving all the documents involving this Disposition and Development Agreement. Mr. Jules Sandford, attorney representing the DeRosa 'Properties addressed the Council/Agency complimenting staff regarding negotiations. He then introduced Mr. DeRosa and Mr. Laurence Allen, architect for the Development Company. Mr. DeRosa addressed Council/Agency stating that his company is going to build a first class shopping center. Councilman/DirectorrLatta questioned whether Mr.DeRosa had identified any of ti.a 'tenants yet. Cncl convened jntly w/CRA Joint PubHrq sale of props. in CBD DeRosa Hrg re -open Testimony Staff Comments J. Sandford intro DeRosa Comments Latta Mr. DeRosa replied that they did not have any tenants as yet Comments because as of tonight the project had not been approved, but DeRosa after it is approved he would aggressively proceed to obtain first class tenants. Mayor/Chairman Moses questioned what the final payment of Question the land per square foot was. Moses Mr. DeRosa answered $6.45 per square foot. Response Councilwoman/Director Avila stated that she would like to Comments see provisions for public restrooms. Avila Mr. DeRosa responded that he would insure they take that Comments into consideration but that this was not a major development; however, they would have restrooms in the office buildings. He further stated that they were currently negotiating with Cal Trans for some landscaping frontage it owns on San Gabriel and Azusa Ave. If the Redevelopment Agency is successful in obtaining this land prior to construction then they plan to widen the center strip from 12 feet to 35 feet and at that time the City could use those facilities for picnics or art exhibitions and then it would make sense to install public restrooms. Lengthy discussion was held regarding the design of the new General development and whether it should match the lower downtown Discussion area or the City Hall. Mr. DeRosa further stated that they would begin construction as soon as he receives the grant deed. 0206/89 PAGE THREE °9� 1 1 1 LM Mr. Laurence Allen, architect for the development company Comments addressed Council/Agency and stated that he proposed to L. Allen create a centerpiece of the project for the City and also he would like to create a waterfall that could be viewed from all areas. Mr. Richard Medina addressed the Council/Agency in favor Comments of this development but stated that he thought there was a R. Medina problem with the accessways into the project and suggested that a turn in lane be installed off of Foothill Blvd. to 'the westerly driveway. Mr. Art Morales addressed the Council/Agency in favor of Comments this development and commented that the plan looks very A. Morales beautiful. He suggested that palm trees be a part of the project landscaping, and further thanked Mr. DeRosa and his company for bringing this project to the City and thanked the Council/Agency for accepting it. Moved by Councilwoman/Director Avila, seconded by Hrg closed Councilman/Director Latta and unanimously carried by roll call* to close the Hearing. City Administrator/Executive Director Fuentes City Admin apprised the Council/Agency of the project Project finances, stating that prior years expenditures are 1.2 Finances million dollars; that this is what there is at this time available to contribute to the project, that we are going to have to borrow on an interim bases a loan from the Light and Water reserve fund of a million dollars which will be secured by a letter of credit posted by the developers. As soon as the property is acquired, the property will be turned over to the developer; the letter of credit will be drawn up so that the agency will get the million dollars in order to repay the Light and Water fund for the short term 'loan. The City will also have to secure a 1.8 million dollar section 108 loan, staff is currently working on the application for that funding. He further stated that the total cost for the project is estimated to be four million dollars with a return of one million dollars land sale from the developers. This will give a net cost of three million dollars. Staff• estimates fifty thousand dollars a year in sales tax and sixty-five thousand dollars a year in property tax. . The City Clerk/Secretary read a letter from Suman Trust City Clerk requesting that Council/Agency defer all actions on any read ltr Disposition and Development Agreements in order to allow Suman Trust them and other property owners in the affected areas adequate time to analyse its impact. . City Attorney/General Counsel Thorson advised that City Attorney all of the property owners in affected area Advice were given extensive notice to allow an opportunity to participate, and that the process has been ongoing for over two years now; that Suman Trust was among those, and had received certified letters explaining their rights and the process. He further stated that the information that is required to be provided by state law, was made available at the first notice of publication which was approximately fifteen days prior to this meeting. He further stated that the letters that went out were personally addressed to the property owners stating "the Agency is comtemplating a commercial project on this property and you have a right to submit your own project to have that considered" and Suman Trust chose not to submit anything. Redevelopment Director Steel affirmed that all the letters Comments were sent out "Return Receipt Requested" and they did Staff sign for them. At this time it was consensus of the Agency/Council to allow Allow J. Tyke Mr. John Tyck to address the issue. to spk 02/06/89 PAGE FOUR 0 it -a G 1 1 =6 Mr. Tyck addressed the Council stating that he is a minor Comments owner of property in the area, and stated that the J. Tyke resolutions regarding the Disposition and Development Agreement were only made available to the public on the Friday prior to this meeting. City Attorney/General Counsel Thorson stated City Attny that the Redevelopment act reguries that Advise the report prepared by staff explaining the financing of the project is required to be made available fifteen days 'prior to the hearing. The report consists of staff's recommendation; reports that explain the project; and why the Agency/City is selling the property at less than fair market value. All were in place within time required by law. He further stated that he prepared the resolutions and that they weren't ready until Friday afternoon prior to this meeting, but resolutions are merely documentation that say the project is approved and do not need to be ready fifteen days prior to the hearing. After the document is approved the Agency needs to get appraisals on the property to be acquired and then by law they must make a formal offer in writing and negotiate with the propery owners for a reasonable period of time before condemnation is ever considered. Director Latta offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT Res. #542 AGENCY OF THE CITY OF AZUSA CERTIFYING THE NEGATIVE citifying DECLARATION AND CONFIRMING THE CERTIFICATION OF THE neg dec & ENVIRONMENTAL IMPACT REPORT FOR THE APPROVAL OF THE EIR/DDA DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE DeRosa REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND DEROSA PROPERTIES. 'Moved by Director Latta, seconded by Director Stemrich to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: AVILA, STEMRICH, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NARANJO Councilwoman Avila offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8574 APPROVING THAT CERTAIN AGREEMENT ENTITLED DISPOSITION AND Appvg DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF DDA THE CITY OF AZUSA AND DEROSA PROPERTIES, A CALIFORNIA DeRosa GENERAL PARTNERSHIP. 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, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NARANJO Director Stemrich offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT Res. #543 AGENCY OF THE CITY OF AZUSA APPROVING THE DISPOSITION AND Appvg DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND DEROSA DDA PROPERTIES, A CALIFORNIA GENERAL PARTNERSHIP. DeRosa Moved by Directors Stemrich, seconded by Director Avila to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: AVILA, STEMRICH, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NARANJO 02/06/89 PAGE FIVE 6.1 V, I I I � 119 Director Stemrich offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT Res. #544 AGENCY OF THE CITY OF AZUSA APPROVING THE BASIC CONCEPT Appvg Basic DRAWINGS FOR THE CENTENNIAL SQUARE REDEVELOPMENT PROJECT. Concept Drawings Moved by Director Stemrich, seconded by Director Avila to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: ,AYES: DIRECTORS: AVILA, STEMRICH, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NARANJO THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Cncl'recessed CONTINUEDAT 8:30 P.M. CRA continued THE CITY COUNCIL RECONVENED AT 8:41 P.M. THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Councilwoman Avila offered an Ordinance entitled:: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING A ZONE CHANGE FROM R3c (MULTI -FAMILY RESIDENTIAL), P (PARKING) AND C2 (RESTRICTED COMMERCIAL) TO R2 (TWO-FAMILY RESIDENTIAL) FOR THE PROPERTIES IN THE AREA OF AZUSA BOUNDED BY FOOTHILL BOULEVARD, PASADENA AVENUE, FIRST STREET AND SAN 'GABRIEL AVENUE (CASE NO. Z-88-5). Moved by Councilwoman Avila, seconded by Councilman Latta to waive further reading and adopt. Ordinance passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NARANJO A Public Hearing was held on this matter on January 3, 1989. Reconvened No bus IDA Ord./Spec.Re:: Ord. #2391 appvng zone change 2- 88-5 Councilman Stemrich offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8575 DENYING THE PUBLIC NUISANCE APPEAL OF JUAN M. VELAZQUEZ AND denying pub AFFIRMING THE FINDING OF A PUBLIC NUISANCE AND ORDER TO nus appl ABATE THE NUISANCE FOR PROPERTY LOCATED AT 614 NORTH SUNSET 88-544 AVENUE AND ASSESSMENT OF ATTORNEY'S FEES (CASE NO. 88-544). Velazquez Moved by Councilman Stemrich, seconded by Councilman Latta and unanimously carried by roll call to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, STEMRICH, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NARANJO Public Nuisance Appeal was held on this matter on January 16, 1989. On January 3, 1989, a proposed ordinance was presented for second reading and adoption at which time the ordinance was referred back to staff for clarification. Specifically, concern was raised as to whether or not the maintenance standards would apply to largely underdeveloped lands in the Canyon Areas. 02/06/89 PAGE SIX Proposed Property Maintenance Ordinance +.'t v 1 1 2a 9 Community Development Director Bruckner addressed this item and stated that the new proposed ordinance defines improved property and unimproved property and separate the standards; thereby improved properties would have a higher standard of maintenance and unimproved property would be subject to the weed abatement procedures that the County now enforces for the City. He, further, stated that the exception under unimproved property would be anything in the C-2, CBD or Freeway Service Zones, because of their high profile and visablity calling for a higher level of maintenance. Councilman Latta offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING CHAPTER 8.51 TO THE AZUSA MUNICIPAL CODE RELATING TO PROPERTY MAINTENANCE. Moved by Councilman Latta, seconded by Councilman Stemrich and unanimously carried by roll call* to waive further reading and reintroduce the Ordinance. City Attorney advised Council that the following Ordinance relating to payment of interest charges for failure to pay City taxes, Licenses and Franchise fees would have to be amended. Section 3 of the proposed Ordinance should be eliminated because it reads "the ordinance takes effect without the usual thirty day waiting period" and since this ordinance does not relate to imposing or increasing any taxes, that section would not be needed. Councilwoman offered an Ordinance, as amended, entitled: Comments Staff 1st rdg Ord Property Maintenance Comments City Attny re: proposed Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st rdg Ord AMENDING THE AZUSA MUNICIPAL CODE BY THE ADDITION THERETO paymt int ch - OF SECTIONS 3.24.080 AND 3.24.080 (a) RELATING TO THE Lic & Franchi PAYMENT OF AN INTEREST CHARGE FOR FAILURE TO PAY CITY TAXES, Fees LICENSES AND FRANCHISE FEES AND AMENDING SECTION 3.32.090. Moved by Councilwoman Avila, seconded by Councilman Latta and unanimously carried by roll call* to waive further reading and introduce the ordinance. Moved by Councilman Latta, seconded by Mayor Moses and unanimously carried by roll call* that item I-5, proposed resolution approving the Agreement betkezn the City of Azusa and City of Irwindale to provide Mitigation Measures for proposed Raider Stadium, be tabled until the next City Council meeting, so that staff could provide additional information regarding the Agreement. SCHEDULED ITEMS PUBLIC HEARING - on the proposed statement of Community Development objectives and projected use of funds for the 15th Program Year. Mitigation Measures for proposed Raider Stadiu reso, tabled to mtg 2/21/ Sched. Items; PubHrg Comm.Dev. Use of Funds The Mayor declared the Hearing open. The City Clerk read Hrg. open. the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on January 25, 1989. City Administrator addressed this item stating that Testimony the allocation for 1989-90 CDBG funding is $347,176 and this staff money will be allocated in three areas, a Minor Home Repair Grant (Handyman) Program of $42,000, Central Business District Revitalization of $293,219 and $34,717, to operate the program. Mayor Moses questioned whether the City still uses funds up Comments to $500 for home repairs, for Senior Citizens. Moses 02/06/89 PAGE SEVEN 1 F Lj 1 M: Redevelopment Director advised that the Handyman program, Response which is a minor home repair program, provides $1000 of staff labor which the consortium provides and most of the assistance is targeted at senior citizens, female heads of households with children, disabled and general low income families. Lengthy discussion was held regarding the requirements to General participate in this program and the various ways to Discussion 'advertise the program. A suggestion was to have an article in the next available issue of the City's newsletter. Monsignor Robert Stein addressed Council stating that there Comments is a non-profit organization called Peregrinos de Emayus Monsignor that is based at 449 Soldano. He stated that the building Stein is in need of repair and would like to see if the Community Development Block Grant program could assist this non-profit organization which is a temporary housing program for the homeless. He further requested that a CUP be issued on this property in order to operate this type of a program. Moved by Mayor Moses, seconded by Councilman Stemrich and Matter refer unanimously carried by roll call* to refer this matter to for study staff for study. Mr. Art Morales addressed Council stating that some people Comments take advantage of the Handyman program, such as having their A. Morales homes repaired and then sell them and move out of the City. He inquired whether there were any rules or guidelines to prohibit such actions. Councilman Latta responded that when he was on the Board of Response Directors for the Consortium they had enacted a policy that Latta home owners having homes refurbished, had to live in their homes for a certain period of time, prior to selling. It was consensus of the Council that staff study the Staff to stud policies regarding the Handyman program, with input from the policies Council and that these studies be referred to the Board of Handyman Pgm Directors of the Consortium. Moved by Councilman Stemrich, seconded by Councilman Latta Hrg Closed and unanimously carried by roll call* to close the Hearing. Councilman Latta offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8576 ADOPTING THE STATEMENT OF OBJECTIVES AND SELECTING PROJECTS Adopting Stmt FOR FUNDING FOR THE COMMUNITY DEVELOPMENT BLACK GRANT of Objective -s PROGRAM FOR FISCAL YEAR 1989-90. & Selecting Proj. for Moved by Councilman Latta, seconded by Councilman Stemrich CDBG Prgm to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, STEMRICH, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NARANJO PUBLIC HEARING - establishing a fee for the issuance of the PubHrg Real Property Records Report, pursuant to Section 15.06.040 Establish Fr- of the Azusa Municipal Code. Real Prop Rec• Rpt 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 January 25, 1989. 02/06/89 PAGE EIGHT �J 171 1r.0 Director of Community Development Bruckner addressed this Testimony item stating that this was a request for the fees that are Staff being charged to administer the real property records report program. These fees have not been increased since 1986 and over that perid of time operating costs have gone up. Councilman Latta questioned what the procedure was in informing the City that a property is being sold, since he was informed that sometimes the City does not know about it. 'Mr. Bruckner stated that from time to time the City reminds the brokers that the City Ordinance requires them to file a property records report.: Most brokers that do business in this area know that they have to go through this process, in fact they like it because it protects their interests and protects their clients. On occasion they might have a broker who doesn't work in this area and is not familiar with the local requirements and may sell property without obtaining a real property records report. Since the rental housing inspection program has been enacted, this should not occur because as part of that ordinance the utilities will not be released until a form is provided by the City. Mayor Moses stated that many individuals are going to brokers in Los Angeles County and Orange County to bypass this ordinance. - Mr. Bruckner responded stating again, that the rental housing inspection program will take care of that because the utilities will not be released until either a certificate of exemption or a certificate of compliance is issued. Mayor Moses stated that a former Councilmember sold a piece of property and that a lady has been complaining for weeks and nothing has been done by staff or anyone else. This former Councilmember went to the City of orange County and took his escrow over there, he then asked the City Attorney if there was a law against this. Comments Latta Response Staff Comments Moses Response Staff Comments Moses The City Attorney stated that the inspection ordinance Advice applies regardless of where the escrow is held, if the City Attny property is located within Azusa and it's sold, they still need to get the real property inspection report as part of the closing. Mayor Moses questioned if the person that sold the property Questions is responsible or the buyer of the property. He stated that Moses he knew of a few instances where this had occurred and wanted to set the record straight now.. He further stated that if there were preferences for some people and not others he would like to end this law now. Mr. Bruckner stated that in those instances where the broker Response didn't know about the law or purposely avoided it and sold Staff property anyway, the new buyer has the ability to go back to the seller under the realty disclosure laws. Mayor Moses asked the City Attorney if a former Question Councilmember that happened to be a part of making this law, Moses took the escrow to orange County, should have the right to do that. City Attorney stated that the ordinance provides that the Response report has to be done even if it wasn't done prior to the City Attny closing of escrow and the seller of the property, if there are items that were not disclosed to the buyer, would be liable for the correction of those items that were not disclosed. 02/06/89 PAGE NINE 1 1 649 Mayor Moses asked the City Attorney, Councilmember did anything criminal? City Attorney stated that he had no idea, look into it further. if the former Question Moses he would have to Response City Attny Mr. Bruckner, stated that it was his understanding that it Comments was the brokers responsibility to notify his clients of the Staff existence of this procedure and the broker would be for filing that report with the City. 'responsible Mayor Moses then requested that staff investigate the Request procedure that was used in the :case of the former Moses Councilmember. City Administrator advised that the former Councilmember did Comments call the City and try to set an appointment, unfortunately City Admin the former Councilmember was leaving on vacation and the City was never able to set up an appointment and it fell through the cracks. Code Enforcement Officer Dave Rudisel addressed the issue Comments stating that the property in question has been declared a Staff public nuisance and the owners are in the process of complying with the City Ordinances and that the City is enforcing the code on that property. Mr. Bill Simpson addressed Council in favor of this Public Comments Hearing, suggesting that when a property is sold, if there B. Simpson was a way to get the title company to notify the City. Mr. Art Morales addressed the Council questioning if the Comments people who purchased the property discussed earlier in the A. Morales meeting, knew that they were purchasing an illegally 'converted piece of property. He also questioned if the broker could be fined or if their license could be revoked. City Attorney stated that he would prepare a letter to Comments Council on what the liability of the seller is under the City Attny City's Ordinance. Community Development Director Bruckner reminded the Council Comments that the item regarding this Public Hearing is to increase Staff the fees for Real Property Records Reports, not the Ordinance itself. Moved by Councilman Stemrich, seconded by Councilman Latta Hrg closed and unanimously carried by roll call* to close the hearing. Councilman Latta offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING A FEE FOR ISSUANCE OF THE REAL PROPERTY RECORDS REPORT PURSUANT TO SECTION 15.06.040 OF THE AZUSA MUNICIPAL CODE. Moved by Councilman Latta, 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, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NARANJO Res. #8577 Establishing Fees for Real Property Records Rpt PUBLIC NUISANCE APPEAL - of Charles B. Leamon for property Pub Nuis Appl located at 932 E. Nearfiled. Subject property was declared 88-542 Charlc a nuisance due to accumulations of trash/debris and B. Leamon substandard housing conditions. Case No. 88-542. The Mayor declared the informal hearing open. 02/06/89 PAGE TEN Hrg opened I I 1 City Clerk administered the oath to Code Enforcement Officer Oath to Code Rudisel prior to his giving testimony on this matter. He Enf. off. went on to state that the property in question has prior to accumulated trash and has a number of broken windows. He testimony went to tenants and property owners requesting that repairs be made. The property owners are selling the property and escrow is expected to close February 28, 1989. There is an eviction in process, the tenants will move out approximately February 22, 1989. He further requested that the Hearing Officer's decision be upheld and the Order to Abate be affirmed. He then distributed pictures of the property to the Council. Appellant was not in attendance at the meeting. Moved by Councilman Latta, seconded by Councilman Stemrich Hrg closed and unanimously carried by roll call* to close the informal hearing. Moved by Councilman Latta, seconded by Councilman Stemrich Pub Nuis Apf;l and unanimously carried by roll call* that the appeal or any denied continuance be denied and that the order to abate be confirmed and further that the property owner be charged for City Attorney fees and all other costs pursuant to Section 15.08.100 et.seq. Azusa Municipal Code. The City Attorney was directed to prepare the necessary documents. Moved by Councilman Latta, seconded by Councilwoman Avila Azusa Youth and unanimously carried by roll call* that request of Azusa Club to hold Youth Club to hold a boxing show at the VFW Hall February boxing show 18th from 7:00 P.M. to 10:00 P.M., and February 19th, from appvd 2:00 P.M. to 5:00 P.M., be approved. Moved by Councilman Latta, seconded by Councilman Stemrich Spanish Trail and unanimously carried by roll call* that request of the Girs Scout/ Spanish Trails Girl Scout Council for a Proclamation in Proc/lead in honor of Girl Scout Week, March 12-18, 1989; to lead the Flag salute Flag salute at the Council meeting of March 6th; and to have appvd the Proclamation read at the meeting and displayed at City Hall be approved. SPECIAL CALL ITEMS Special Call NONE None PUBLIC PARTICIPATION Pub.Prtc. Mr. Ray Corcoran addressed the Council regarding R. Corcoran complaints against heavy traffic on Azusa Avenue, San complaints Gabriel Avenue and San Gabriel Canyon Road. He stated that heavy traffic. the traffic started at approximately 7:00 A.M. and San Gabriel continued through the day approximately every fifteen Cyn Rd. minutes. He further stated that it appeared to be coming out of the Owl Rock Quarry. Community Development Director Bruckner addressed this item Comments stating that the Police Department had stopped one of the Staff trucks on Friday afternoon, prior to this meeting, to interview the driver and the driver indicated that they were trucking fill and clay material from the Owl Rock site to Chino. He was told not to use the Todd Avenue main gate but to use the back side of Highway 39. Staff contacted Owl Rock and they stated that they didn't know why those instructions were given to the trucking company; they would immediately cease the activity and that effective immediately all material would be trucked through the main gate on Todd Avenue. 02/06/89 PAGE ELEVEN 1 ZRt Mr. Ray Corcoran also addressed Council regarding the future R. Corcoran Code Amendment No. 160, Riverbed Maintenance. He stated Comments/ that it proposes to throw away the City's jurisdiction over Code Amend. the rock quarry and riverbed. He alleged that it states No. 160 that the riverbed is owned by the U.S. Army and we have no Riverbed Maiii jurisdiction over it anyway. He urges that the Council pay close attention to this when it is presented in the future. Mr. Art Morales addressed Council regarding the Town hall Comments 'Meeting that was held on January 30, 1989. He stated that A. Morales some of the issues addressed by residents are already on their way to being solved. It was consensus of Council that the City Attorney draft a City Attny proposed resolution placing the audience participation at draft reso the beginning of the Council Meeting. Aud Part Mr. Ron Legault addressed Council suggesting that the Comments Council extend the time of audience participation to one R. Legault hour instead of one half of an hour. City Attorney advised that the legislature provides specific Comments authorities for cities, under the Brown Act, to limit the City Attny amount of time for public participation. The thirty minutes was suggested by the League of California Cities when this legislation was first enacted a couple of years ago, so the timC; limit set for any public participation is completely within the Council's discretion. It was consensus of Council that staff conduct a survey with Staff condu surrounding cities to see how much time is allowed for their Survey/time ; audience participation. Aud Part 'OTHER BUSINESS/CITY COUNCIL oth Bus/Cncl Mayor Moses discussed the consideration of supporting AB 160 Support (Mountjoy) eliminating Redevelopment Agencies' use of AB 160 eminent doman to acquire private property. It was consensus table to of the Council to table this item until the next meeting so 2/21/89 Mtg. that the Council could study the bill further. THE CITY. COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT Convened AGENCY AT 10:09 P.M. w/CRA Councilman/Director Latta offered a resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 08578 AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Closed Sess THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON FEBRUARY 6, 1989, PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a), AND (b). Moved by Councilman/Director Latta, seconded by Councilman/Director Stemrich to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council/Agency: AYES: COUNCILMEMBERS/DIRECTORS: AVILA, STEMRICH, LATTA MOSES NOES: COUNCILMEMBERS/DIRECTORS: NONE ABSENT: COUNCILMEMBERS/DIRECTORS: NARANJO TIME OF RECESS TO CLOSED SESSION: 10:10 P.M. Recess to Closed Sess THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED AT 11:18 P.M. 02/06/89 PAGE TWELVE ARV I I .V818 City Administrator announced that the Meeting with the Azusa Mtg w/AUSD Unified School District will be held February 27, 1989, and 2/27/89 he would like to have an Adjourned Meeting with the City Council and the Redevelopment Agency on February 14, 1989, at 6:30 P.M. at the Senior Center. Mayor Moses requested that he would like to have Appts Spec appointments for special commissions on the next Council Commissions agenda. 2/21/89 Mtg ' The City Attorney advised that during Closed Session two Leave of Abse actions were taken, one was to grant the leave of absence approved requested by employee Floyd Thompson, by a vote of four to F. Thompson/ zero and the second one was to deny the leave of absence Leave of Abse requested by employee Anthony Contreras, by a vote of four denied to zero. The Council did not discuss real property A. Contreras acquisition for the Ranch Center Development nor did they discuss potential litigation involving Eugene Moses. 1 1 Moved by Councilman/Director Latta, seconded by Adjourn to Councilman/Director Stemrich and unanimously carried by roll 2/14/89, call* to adjourn to Tuesday, February 14, 1989, 6:30 P.M. at 6:30 P.M. at the Senior Citizen Center. Senior Cit. Center TIME OF ADJOURNMENT: 11:18 P.M. TY CL'ER `�- NEXT RESOLUTION NO. 8579 NEXT ORDINANCE NO. 2392 * Indicates Councilman Naranjo absent. 02/06/89 PAGE THIRTEEN $18 G L48