Loading...
HomeMy WebLinkAboutMinutes - May 1, 1989 - CC (2)CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MAY 1, 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 Reverend Wayne Atkins of the Invocation Community Bible Fellowship. ROLL CALL PRESENT: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT City Attorney Thorson, City Administrator Fuentes, Assistant City Administrator Diaz, Chief of Police Wood, Director of Finance Craig, Director of Community Development Bruckner, Utilities Director Hsu, Director of Public Works DeLoach, Director of Community Services Guarrera, City Librarian Alaniz, Redevelopment Director Steel, Community Improvement Manager Rudisel, City Treasurer Talley, City Clerk Solis, Administrative Clerk Toscano. CEREMONIAL Presentation of Awards for "Water is Life" Poster Contest. Mayor Moses presented a plaque to Kim Beltran of Saint Frances of Rome School, Grade 7, honoring her as Overall Sweepstakes Winner. Councilman Naranjo presented a plaque to Karen Amador of Saint Frances of Rome School, honoring her as Grand Prize Winner of Grade 6. Councilwoman Avila presented a plaque to Dawnelle Foster of Victor Hodge School, honoring her as Grand Prize Winner of Grade 5. Councilman Stemrich presented a plaque to Solomon Baldeo, Jr., of Saint Frances of Rome School, honoring him as Grand ' Prize Winner of Grade 2. Mayor Pro -tem Latta presented proclamation to Dr. Lewis Reed Sciarillo, designating the month of May as "Correct Posture Month". Roll Call Also Present Ceremonial Present Plaques for "Water is Life" Poster Contest Pres. Proc. Correct Posture Mon. Announcement was made inviting Council and audience to Invitation attend the kick-off of "The Human Race", Saturday, May 13, The Human 1989, at Royal Oaks Park in Duarte. Race PUBLIC PARTICIPATION Mr. Jim Robertson addressed Council stating that fireworks are currently being used in a unsafe manner in various areas of the City and requested that the Council do something about this. He stated that last Fourth of July while trying to view the fireworks show at Citrus College from the Foothill Shopping Center there were numerous people setting off fireworks in the shopping center parking lot, so much that it resembled a battlezone. His concerns are that vehicles driving through the parking lot or patrons trying to reach businesses in the center could be injured and/or their vehicles damaged by this. He suggested that before someone is injured that the City Council adopt an ordinance prohibiting the use of fireworks in any parking lot, public or private, which is generally used for public parking so that if anyone does use fireworks in a public parking lot, a citation could be issued. Pub.Prtc. J. Robertson Comments Fireworks The CONSENT CALENDAR consisting of Items 1 through 21 was Cons Cal approved by motion of Councilman Latta, seconded by appvd Item Councilman Naranjo and unanimously carried by roll call F-16 & F-19, vote, with the exception of items F-16 and F-19 which were Spec. Call considered under the Special Call portion of the Agenda. F-10, held Staff requested that item F-10 be held over until after the after Clsd Closed Session portion of the Agenda. 4. Sess. Purchase 1. The Minutes of the regular meeting of April 17, and Min appvd adjourned regular Townhall meeting of April 25, 1989, were approved as written. 2. Approval was given to amend the agreement with the Agmt. w/Co. County of Los Angeles for City to participate in the JDICS Los Angeles County Sheriff's Justice Data Interface ' Controller System. 3. Specifications for a one year contract for heating and Specs. air conditioning services for the Police Facility were heating & air approved and the City Clerk was directed to advertise conditioning for bids. This service agreement shall include P.D. quarterly inspection and servicing of all major components as well as system failure repairs. 4. Formal bidding procedures were waived pursuant to the Purchase Municipal Code and confirmation of the purchase of cable/ 15,000 feet of underground cable from Pirelli Cable Pirelli Corp., at a cost of $22,732.43, was approved. Cable Corp. 5. Formal bidding procedures were waived pursuant to the Purchase Municipal Code and confirmation of the purchase of two KVA trfmrs 1500 KVA transformers from General Electric Company at G.E. Co. a cost of $39,475.30, was approved. 6. Formal bidding procedures were waived pursuant to the Purchase Municipal Code for the purchase of Police Department Office trail. office trailer from Golden Office Trailers, Golden Office Inc., at a cost of $17,592.44, was approved. Trailers Inc 7. Specifications for Project No. 809-89, for maintenance Specs. ' of heating and air conditioning systems on various City heating/air buildings were approved and the City Clerk was directed conditioning to advertise for bids. The service shall include var. bldgs. quarterly inspection and servicing of all major components as well as repairs for extraordinary maintenance caused by whole or partial system failure. 8. Specifications for Project No. 808-89, landscape and Spec. lands - sprinkler maintenance of various median islands cape maint. throughout the City was approved and the City Clerk was various directed to advertise for bids. This will be a two median year contract for the 1989-90 and 1990-91 fiscal years, islands 05/01/89 PAGE TWO 9. Employee step increase and permanent status Emp step inc recommendations were approved for the following: perm status NAME STATUS Item held end of mtg Res. #8612 A. Lesh 12. The City must formally submit an application for a Sec. 108 Section 108 Loan Guarantee from the Department of Loan Guaran- Housing and Urban Development. The following tee w/HUD Resolution was adopted to apply for $1.06 million to fund the Centennial Square Project. 13. �14 A RESOLUTION OF THE AZUSA CITY COUNCIL AUTHORIZING Res. #8613 SUBMISSION OF AN APPLICATION FOR A SECTION 108 LOAN Authorz. Sub GUARANTEE TO THE UNITED STATES DEPARTMENT OF HOUSING Loan App. AND URBAN DEVELOPMENT THROUGH THE LOS ANGELES COUNTY COMMUNITY DEVELOPMENT COMMISSION. Coast Roofing Company has completed Project No. 793-88, re -roofing of the Light and Water Department. Staff has reviewed the work and has accepted the project as in compliance with all specification and conditions of the contract documents. The project was approved, the Mayor was authorized to execute the Notice of Completion and the City Clerk was directed to have same recorded. Notice of Completion Coast Roof- ing Company Formal bidding procedures were waived pursuant to Purchase Municipal Code and approval was given to purchase four four veh. Police vehicles from Maurice Sopp & Son in the amount P.D. of $59,602.92. 15. Moulder Bros., has completed Project No. 769-88, Civic Notice of Center Park remodeling, satisfactorily. The project was Completion approved, the Mayor was authorized to execute the Moulder Bros Notice of Completion and the City Clerk was directed to have same recorded. 16. SPECIAL CALL ITEM. Spec Call 17. An amendment to the Public Employees' Retirement Res. #8614. Systems contract to correct the term "safety members" Amend. PERS to specifically read "police members", was approved by Agmt. the following Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING AN AMENDMENT TO CORRECT AN ERROR IN THE CONTRACT BETWEEN THE CITY OF AZUSA AND THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Formal bidding procedures were waived pursuant to the Purchase Municipal Code for the purchase of four new vehicles to four vehicles be used in the Community Development Division, due to Comm. Dev. the recent increase in personnel and insufficient vehicle availability. 19. SPECIAL CALL ITEM. Spec Call 05/01/89 PAGE THREE F. Diaz PermStat 04/24/89 D. Chudyk PermStat/2 04/26/89 M. O'Toole Step 4 05/01/89 N. Dechant PermStat 04/29/89 R. Garringer PermStat/2 05/01/89 10. ITEM HELD UNTIL AFTER CLOSED SESSION. 11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA COMMENDING ARTHUR J. LESH FOR HIS SERVICES TO THE CITY. Item held end of mtg Res. #8612 A. Lesh 12. The City must formally submit an application for a Sec. 108 Section 108 Loan Guarantee from the Department of Loan Guaran- Housing and Urban Development. The following tee w/HUD Resolution was adopted to apply for $1.06 million to fund the Centennial Square Project. 13. �14 A RESOLUTION OF THE AZUSA CITY COUNCIL AUTHORIZING Res. #8613 SUBMISSION OF AN APPLICATION FOR A SECTION 108 LOAN Authorz. Sub GUARANTEE TO THE UNITED STATES DEPARTMENT OF HOUSING Loan App. AND URBAN DEVELOPMENT THROUGH THE LOS ANGELES COUNTY COMMUNITY DEVELOPMENT COMMISSION. Coast Roofing Company has completed Project No. 793-88, re -roofing of the Light and Water Department. Staff has reviewed the work and has accepted the project as in compliance with all specification and conditions of the contract documents. The project was approved, the Mayor was authorized to execute the Notice of Completion and the City Clerk was directed to have same recorded. Notice of Completion Coast Roof- ing Company Formal bidding procedures were waived pursuant to Purchase Municipal Code and approval was given to purchase four four veh. Police vehicles from Maurice Sopp & Son in the amount P.D. of $59,602.92. 15. Moulder Bros., has completed Project No. 769-88, Civic Notice of Center Park remodeling, satisfactorily. The project was Completion approved, the Mayor was authorized to execute the Moulder Bros Notice of Completion and the City Clerk was directed to have same recorded. 16. SPECIAL CALL ITEM. Spec Call 17. An amendment to the Public Employees' Retirement Res. #8614. Systems contract to correct the term "safety members" Amend. PERS to specifically read "police members", was approved by Agmt. the following Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING AN AMENDMENT TO CORRECT AN ERROR IN THE CONTRACT BETWEEN THE CITY OF AZUSA AND THE BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Formal bidding procedures were waived pursuant to the Purchase Municipal Code for the purchase of four new vehicles to four vehicles be used in the Community Development Division, due to Comm. Dev. the recent increase in personnel and insufficient vehicle availability. 19. SPECIAL CALL ITEM. Spec Call 05/01/89 PAGE THREE 20. Formal bidding procedures were waived pursuant to Purchase Municipal Code to approve the purchase of 30,000 feet Cable from of underground distribution copper cable in two sizes, Graybar & for various jobs soon to be completed. The specific Pirelli purchases are as follows: 10,000 feet of #2AWG wire at Cable Corp a cost of $22,573.30 and 5,000 feet of #1/0 wire at a cost of $13,633.05 from Graybar and 15,000 feet of #1/0 wire at cost of $31,263.15 from Pirelli Cable Corp. �21. Two separate resolutions authorizing payment of Res. #'s warrants by the City were adopted and entitled: 8616 and 8617. 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 RECESSED AND THE REDEVELOPMENT AGENCY Cncl recessed CONTINUED AT 8:05 P.M. CRA continued THE CITY COUNCIL RECONVENED AT 8:09 P.M. Reconvened THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL No bus IDA DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Ord./Spec.Res Councilman Stemrich offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Ord. #2399 REPLACING CHAPTER 3.08 OF THE AZUSA MUNICIPAL CODE ENTITLED fee & sys "FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM". chrg rev/ cost Moved by Councilman Naranjo, seconded by Councilman Latta comparison to waive further reading and adopt. Ordinance passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilwoman Avila offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, Ord. #2400 AMENDING CHAPTER 19 OF THE AZUSA MUNICIPAL CODE RELATING TO CUP for CONDITIONAL USE PERMITS FOR EXISTING BARS AND COCKTAIL existing LOUNGES. bars/cocktl lounges Moved by Councilman Stemrich, seconded by Councilman Latta to waive further reading and adopt. Ordinance passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES OES: COUNCILMEMBERS: NONE tBSENT: COUNCILMEMBERS: NONE SCHEDULED ITEMS PUBLIC HEARING - on proposed amendment to City Council Pub. Hrg. Resolution 4520 on application of Johnny Johnson/Owl Rock Amend. Res. Products to allow for rock to be transported from one quarry 4520, Johnny to another for processing, on the property located at 1201 Johnson/Owl North Todd Avenue. Rock 05/01/89 PAGE FOUR The Mayor announced at this time that he was advised by the Mayor ques- City Attorney that his property was in close proximity to tioned his Owl Rock and therefore he could not vote on this issue. He need to ab - requested that an opinion be secured from the Fair Political stain on this Practices Commission regarding this, as he felt it was an matter important issue and he would like to vote on it. He, also, commented that Mr. Stemrich's property was also in close proximity to the rock quarry, and that possibly he should, also, not take part in the proceedings. 'City Attorney advised that the rules of the Fair Political Advice of Practices Commission provide that if you own property within Cty Atty 300 feet of the site, you are precluded from voting. It is presumed that you have a financial interest and a conflict of interest; and it was his understanding that both the Mayor and Councilman Latta had property within that area. He advised that if any other member of the Council owned property within the site, now would be the time to disqualify themselves. Additionally, he stated, the rules also provide that if you own property within 300 feet and 2500 feet, then a determination must be made if there would be a financial impact on the property. The Mayor questioned the area involved in the hearing, if it Comments dealt with the road, only, or the entire operation. He was Moses & advised by the City Attorney that it encompassed the entire response rock quarry operation. The City Attorney, further, stated by Cty Atty that he would secure an opinion from the FPPC regarding the Mayor's property and his ability to vote on this issue. The Mayor then made a motion that the Council postpone Hrg to be consideration of this item pending receipt of the opinion continued from the Fair Political Practices Commission. Motion died (died) for the lack of a second. 'The Mayor then turned the proceedings over to Councilman Naranjo Naranjo, as Mayor Pro -tempore Latta had to abstain from the chaired proceedings as well. Moses & Latta to Mayor Moses and Mayor Pro -tempore Latta left the Council abstain table and abstained during the proceedings. Councilman Stemrich then advised that his property was Concerns located in the 1000 Block of Enid and that it was not within of Stemrich 300 feet of the rock quarry; it was approximately 3/4 of a re: conflict mile from the site. of int. City Attorney advised that two determinations must be made Advice of by Councilman Stemrich: that his property is not within 300 Cty Atty feet of the site and that if it was within 2500 feet of the site, a factual determination needs to be made that it will not cause a financial impact on his property, either positively or negatively. Councilman Stemrich made the determination that his property Stemrich is not within 2500 feet of the site, more than likely, it no conflict was approximately 4000 feet from the quarry. of int Councilman Naranjo, as the Chair, then declared the Hearing Hrg opened ,open, The City Clerk read the affidavit of proof of publication of notice of said Hearing published in the Azusa Herald on April 19, 1989, as well as proof of posting the property on April 14, 1989. Community Development Director Bruckner addressed this item Testimony and advised that the amendment was requested to allow rock Bruckner material to be brought to the Owl Rock property at 1201 N. Todd Avenue across the San Gabriel River from the Azusa Rock quarry for processing. The rock material would be transported by way of an existing unpaved road across the 05/01/89 PAGE FIVE bed of the San Gabriel River. The volume of material to be processed and truck traffic levels are proposed to not exceed the historic peak operating levels of the Owl Rock plant. An environmental assessment has been prepared for the Corps of Engineers and an Initial Study was prepared by staff, both of which examine potential environmenetal effects of the use of this road. Approvals for the use of this road must also be obtained from the Corps of Engineers as well as other entities. This use would be limited to a ,two year time period and that the road would be required to be revegetated at the end of that time. He, further, stated that this request is a proposal by Owl Rock and is separate from the review process of the permanent road and conveyor belt system required for Azusa Rock's continued operation. He advised that the Planning Commission had recommended approval of the amendment with certain conditions, as well as mitigation measures, which he read in full. Councilman Naranjo advised that there was no condition regarding a buffer zone and requested that the following be made a condition of the amendment: Mr. Glenn Watson, representing Owl Rock, addressed the Council and stated that this amendment to the resolution was merely to take rock from one location to another plant. There would be no new equipment, no new plant or no change in the volume, actually volume of material would be less, and there would be less heavy crushing. He stated that all the mitigation measures and conditions were acceptable. After reviewing the condition stipulated by Councilman Naranjo, he advised that this condition was also acceptable. He then presented an aerial photo of the site and advised exactly the process and location of proposed road. Mrs. Gayle Avakian addressed this item stating that the notice of the Public Hearing was worded in a deceptive ,manner as it did not indicate that there would be heavy trucks travelling through and across the San Gabriel River. She also discussed the Corps of Engineers' supplemental environmental impact assessment report and the report made by Owl Rock. She stated that they were inadequate and had many discrepancies and wondered if the Council had seen these documents and questioned when the last day for comments on these documents was set. Naranjo req. con- dition re: buffer area Testimony G. Watson for Owl Rock Comments G. Avakian Community Development Director Bruckner advised that he was Comments not sure of the process that the Corps of Engineers took Bruckner regarding their reports, however, the City's negative 05/01/89 PAGE SIX "The modification of the variance granted by Resolution No. 4510 so as to to permit processing of rock from the Azusa Rock Quarry shall not become effective until applicant files with the Director of Community Development an executed document which establishes a buffer area along the easterly side of the plant site to provide a buffer of the plant site from other land uses in the vicinity to replace the golf course buffer of the excavation area which will have served its purpose when excavation of the basins has been ' completed. Such buffer shall be created in the area shown on the plat attached as Exhibit A and described on Exhibit B. Such document shall provide that such buffer area shall remain as a buffer so long as the rock plant remains in operation on the present plant site and shall be in recordable form." Mr. Glenn Watson, representing Owl Rock, addressed the Council and stated that this amendment to the resolution was merely to take rock from one location to another plant. There would be no new equipment, no new plant or no change in the volume, actually volume of material would be less, and there would be less heavy crushing. He stated that all the mitigation measures and conditions were acceptable. After reviewing the condition stipulated by Councilman Naranjo, he advised that this condition was also acceptable. He then presented an aerial photo of the site and advised exactly the process and location of proposed road. Mrs. Gayle Avakian addressed this item stating that the notice of the Public Hearing was worded in a deceptive ,manner as it did not indicate that there would be heavy trucks travelling through and across the San Gabriel River. She also discussed the Corps of Engineers' supplemental environmental impact assessment report and the report made by Owl Rock. She stated that they were inadequate and had many discrepancies and wondered if the Council had seen these documents and questioned when the last day for comments on these documents was set. Naranjo req. con- dition re: buffer area Testimony G. Watson for Owl Rock Comments G. Avakian Community Development Director Bruckner advised that he was Comments not sure of the process that the Corps of Engineers took Bruckner regarding their reports, however, the City's negative 05/01/89 PAGE SIX declaration, pursuant to CEQA guidelines, had been published in the paper and was available for review by the public. That any comments on the report could be made tonight at the hearing up to and including the time the Council makes a decision relative to the proposed amendment. Mrs. Linda Stahl -Smith read a statement on behalf of the Forest Preservation Society and the Committee to Save the Foothills, which was against this application as it would encroach on the easement in the middle of Fish Canyon which ,was for public access. In the groups' opinion, this amendment was a piece -meal plan by Cal -Mat to quarry the whole area. She advised that if the Council approved the amendment, that both groups would file an action in Federal Court seeking a declaration of rights and mandating the United States Forest Service to defend its easement. She then addressed the Council on behalf of the Sierra Village Homeowners Association requesting that Vernon be closed for truck traffic and that trucks use Azusa/San Gabriel Avenues when Todd Avenue was closed for repairs, etc. Mr. Art Morales addressed this issue stating that the problem of truck traffic was due to the City of Duarte not wanting Encanto Parkway used by gravel trucks. He stated that the road belonged to the City of Azusa and not Duarte. He was in favor of the amendment and felt that the Council should approve it. Mr. John Westermayer, Vice President of the Chambers Group, Inc., addressed this issue, advising that his company prepared the preliminary environmental assessment for the Corps of Engineers, and that the document was thoroughly reviewed by all involved entities. That there are provisions for public review and that the Corps of Engineers should be contacted regarding same. ,Mrs. Gayle Avakian addressed Council and stated that she had two such documents, one prepared by Owl Rock and one done by the staff of the Corps of Engineers. She was confused and felt that Mr. Westermayer was discussing the document prepared for Owl Rock not the Corps of Engineers. Mr. Glenn Watson addressed the Council and advised that he wished to clarify some points made earlier. He felt that Mrs. Stahl -Smith was confusing the Azusa Rock case with this case; with regard to her statement that Cal -Mat was piece- mealing the project, that was not true. Owl Rock has been operating on this site for years. Cal -Mat has nothing to do with it. Further, Mrs. Avakian should contact the Corps of Engineers with regard to the environmental assessment, as that document is under Federal guidelines and does not enter into the case in point tonight. The City of Azusa is proceeding under CEQA guidelines. He also stated that the truck traffic will be farther away from Azusa residents with this amendment. Mrs. Avakian wished to comment on Mr. Watson's statements, however, it was felt that other people wished to address this item also. It was then moved by Councilwoman Avila, by Councilman Stemrich and carried by roll call ,seconded that Council not hear Mrs. Avakian at this time, as there were other people wishing to be heard. Mayor Moses and Councilman Latta abstaining. Mr. John Hitt, Mayor of the City of Duarte, addressed Council as a concerned resident of Duarte rather than an official of the Council. He stated that in the mitigation measures, relating to watering, that "acceptable limits" should be better defined and that when the strong winds occur that strict enforcement should be maintained so as not 05/01/89 PAGE SEVEN Comments L. Stahl - Smith Comments A. Morales Comments J. Westermayer Comments G. Avakian Comments G. Watson Mrs. Avakian to spk after all others are heard Comments J. Hitt to cause dust emissions. He also requested that the City ensure and monitor that there would be no increase in quarrying at the site. He further stated that mitigation measures should have specific standards and be enforced for compliance. He advised that he had received a few complaints from residents of Duarte, regarding the Azusa Rock operation not complying with the mitigation measures and had no way of knowing if these allegations were true; but wished to emphasize the need for strong enforcement. Mrs. Gayle Avakian addressed the Council and discussed the environmental report made by Owl Rock and again stated that it had many inadequacies and misconceptions. That the easement Mrs. Stahl -Smith spoke of, did not only concern Azusa Rock, but also, Owl Rock, and that the whole Fish Canyon recreation area would be further impacted by this amendment. She, again, requested that this matter be continued. Comments G. Avakian There being no other testimony, it was moved by Councilman Hrg closed Stemrich, seconded by Councilwoman Avila and carried by roll call to close the hearing. Mayor Moses and Councilman Latta abstaining. Moved by Councilman Stemrich, seconded by Councilwoman Avila and carried by roll call that amendment to Resolution No. 4520 be approved and that the mitigation measures be strictly enforced, and, also, to include the condition regarding the development of a buffer area; further that the City of Duarte appoint a representative to sit in on the mitigation measures to ensure compliance. The City Attorney was directed to prepare the necessary documents. Mayor Moses and Councilman Latta abstaining. Mayor Moses and Councilman Latta returned to the Council ' table at this time. Amendment appvd w/added cond & Duarte rep for miti- gation mea- sure enfcmnt Moses and Latta retnd PUBLIC NUISANCE APPEAL - of Thomas Lindley, property owner, Pub Nuis Appl and Dennis Hall, tenant, for the property located at 750 W. 750 W. Fthill Foothill, Case No. 89-214. The property was declared a Lindley/Hall public nuisance on April 4, 1989, for failure to comply with the seismic safety Ordinance. The Mayor declared the informal hearing open. City Clerk administered the oath to Community Improvement Manager Rudisel. Community Improvement Manager adressed Council stating that the seismic safety order was issued April 4, 1989, and the property owner and tenant of the property are appealing this because they feel that it will be a strong economic hardship, should the order be carried through as applied. He stated that the Municipal Code and the seismic safety Ordinance did not make provisions for extended time periods, therefore, staff could not extend time other than the niney day order. He further stated that the property owner, Mr. Lindley, is agreeable to posting security to perform with ,the seismic safety requirements as well as the design review requirements, within a period of six months. Since Mr. Lindley is not appealing the fact that the building is seismically unreinforced masonry, staff is recommending that the appeal be denied; however, he stated that if Council decides to grant additional time frames, staff is not opposed, provided sufficient security is posted. Councilman Latta questioned why this business has not had a business license for the last three years. 05/01/89 PAGE EIGHT Hrg opened Oath to Comm Imp Mgr Testimony Comm Imp Mgr Comments Latta Community Improvement Manager responded stating that according to to tenant, Mr. Hall, he has had problems meeting some of the conditions imposed by the Building, Planning and Fire Departments, and if the Council decides to extend any time frames to Mr. Hall, Staff is asking that he post a cash bond for the back licensing taxes owed and that he comply with all licensing owed within a six month period. Mr. Thomas A. Lindley, applicant, addressed Council stating that he is the property owner and requested that he have a six month extension on meeting the seismic safety and landscaping requirements, that he was unaware of the seriousness of this ordinance and that there were no provisions for extensions. He further stated that he lives in San Diego County and had difficulty appearing at the time in order to meet these requirements. He stated that he agreed with staff, that if he was granted the six month extension he would post a bond or a CD, in the name of the City in order to fulfill these requirements and that within the six months he would have the seismic safety test done, also he would like to be allowed six years to have the walls done; the six years would have been provided if the testing would have been timely. Comm. Impvmt Mgr. Comments T.A. Lindley Comments Councilman Latta questioned Mr. Dennis Hall, tenant, why he Latta has not obtained a business license for the last three Comments years. Mr. Dennis Hall, applicant, addressed Council stating that D. Hall he has had his business in that location for two and a half Comments years, further that he has tried unsuccessfully to obtain a business license and that he has had to pay twice for a City Inspector to inspect his business. Some of the things he complied with were moving his sales counter, putting face plates on exposed electrical equipment, installing a fire door, repairing the ceiling. Another objection was a sign installed by B.F. Goodrich which he had removed. The last time he spoke with Staff he was told that the building was not seismic and he still could not be issued a business license. Councilwoman Avila questioned the City Attorney on whether Avila the extention being requested for six years is normal. Comments City Attorney reponded that the sesimic safety ordinance City Atty provides for the six year period for making certain response structural alterations, after the engineers have determined what needs to be done to fix the building and if the tenant had complied with the Building Departments order, he would have had six years from the date of that order, within which to do the major structural alterations and that "yes, this is a normal amount of time". Mr. Thomas Lindley, property owner, addressed Council again T.A. Lindley requesting a six month extension, stating that they are only Comments thirty days late with meeting the seismic requirement and that they need an extension so they can have engineering work done and, also, they are willing to upgrade the landscaping. City Attorney asked Community Improvement Manager whether City Atty this refers to the Precise Plan of Design or the seismic Comments design requirements. Community Improvement responded that these were run Comm. Impvmt concurrently and that the owner was given ninety days to Mgr. Comments submit plans and once plans were approved, which would be about sixty days, then they would have six months for work to be completed. 05/01/89 PAGE NINE Moved by Councilman Naranjo, seconded by Councilman Latta Appl denied and carried by roll call that the appeal be denied and the Order to Abate upheld. Mayor Moses dissenting. City Attorney was directed to prepare the necessary documents. Councilwoman Avila suggested that when there are Submit proclamations honoring certain persons for birthdays or resume for accomplishments, that a resume be submitted for view by the procs. Council. Further, she requested that local organizations, Proc to such as VFW and American Legion, receive proclamations for VFW & Ameri- Hire-A-Veteran Week, along with the Employment Development can Legion Department. With these amendments, it was moved by Councilman Latta, Proclos seconded by Councilman Naranjo and unanimously carried by appvd roll call that proclamations be prepared for the following: Honoring Mr. Ysidro Lopez, on the celebration of his 95th birthday on May 13, 1989. Hire -A -Veteran Week, May 7-13, 1989, as requested by the Employment Development Department. SPECIAL CALL ITEMS Special Call 'Mr. Art Morales addressed the item regarding replacement of A. Morales dance floor at the Senior Center and questioned who was Comments paying the bill for this. Councilman Latta responded that the rapid replacement of the Latta floor is due to upcoming events that are to take place Comments there, but staff will proceed to investigate the possibility as to whether any legal action against the Contractor can be pursued. It was then moved by Councilman Latta, seconded by Councilman Naranjo and unanimously carried by roll call to approve Project No. 799-88, replacement of Dance Floor at the Azusa Senior Center, waive formal bidding procedures pursuant to Municipal Code and award the contract to Westland Floor Covering in the amount of $7,717.00. Councilwoman Avila addressed item regarding Cooperative Project with County to improve Arrow Highway and Vincent Avenue and intersection of Vernon and Gladstone; she wished clarification of the paragraph that read, "If City's share of the construction cost of project, based upon the final accounting, exceeds the City's deposit by $200 or more, City shall pay County the additional amount due upon demand. Conversely, if at final accounting the amount of City funds deposited exceeds the amount due by $200 or more, County will refund said excess to City". City Attorney responded that the County will refund any excess money to the City if the excess is $200 or more. Councilman Stemrich questioned the Mayor as to whether he might have a conflict of interest on this item. City Attorney responded, stating that the rule on real property is that if a person owns property within 300 feet of the project, the person is presumed to have a conflict 05/01/89 PAGE TEN Proj. #799-88 re -placing dance floor Senior Cntr Avila Comments City Atty Comments Stemrich Comments City Atty response Moved by Councilman Latta, seconded by Councilman Naranjo Waive dead - and unanimously carried by roll call that request of waiver line Firewks of Municipal Code requirement, regarding March 31, 1989, pmt. Helping deadline for Fireworks permit application for Helping Hand Hand of Azusa, be approved. 'Councilman Stemrich requested that Mr. Ysidro Lopez be Invitation invited to the ceremony dedicating Civic Park on May 13, Y. Lopez to 1989. Ded. Ceremony Councilwoman Avila suggested that when there are Submit proclamations honoring certain persons for birthdays or resume for accomplishments, that a resume be submitted for view by the procs. Council. Further, she requested that local organizations, Proc to such as VFW and American Legion, receive proclamations for VFW & Ameri- Hire-A-Veteran Week, along with the Employment Development can Legion Department. With these amendments, it was moved by Councilman Latta, Proclos seconded by Councilman Naranjo and unanimously carried by appvd roll call that proclamations be prepared for the following: Honoring Mr. Ysidro Lopez, on the celebration of his 95th birthday on May 13, 1989. Hire -A -Veteran Week, May 7-13, 1989, as requested by the Employment Development Department. SPECIAL CALL ITEMS Special Call 'Mr. Art Morales addressed the item regarding replacement of A. Morales dance floor at the Senior Center and questioned who was Comments paying the bill for this. Councilman Latta responded that the rapid replacement of the Latta floor is due to upcoming events that are to take place Comments there, but staff will proceed to investigate the possibility as to whether any legal action against the Contractor can be pursued. It was then moved by Councilman Latta, seconded by Councilman Naranjo and unanimously carried by roll call to approve Project No. 799-88, replacement of Dance Floor at the Azusa Senior Center, waive formal bidding procedures pursuant to Municipal Code and award the contract to Westland Floor Covering in the amount of $7,717.00. Councilwoman Avila addressed item regarding Cooperative Project with County to improve Arrow Highway and Vincent Avenue and intersection of Vernon and Gladstone; she wished clarification of the paragraph that read, "If City's share of the construction cost of project, based upon the final accounting, exceeds the City's deposit by $200 or more, City shall pay County the additional amount due upon demand. Conversely, if at final accounting the amount of City funds deposited exceeds the amount due by $200 or more, County will refund said excess to City". City Attorney responded that the County will refund any excess money to the City if the excess is $200 or more. Councilman Stemrich questioned the Mayor as to whether he might have a conflict of interest on this item. City Attorney responded, stating that the rule on real property is that if a person owns property within 300 feet of the project, the person is presumed to have a conflict 05/01/89 PAGE TEN Proj. #799-88 re -placing dance floor Senior Cntr Avila Comments City Atty Comments Stemrich Comments City Atty response of interest, unless there is something to show there is no impact; if a person is between 300 feet and 2500 feet of the project then the person has to show whether there will be a positive or negative impact on the property. Mayor Moses stated that he owns property near the project Moses but he didn't see that it would impact his property one way Comments or another but that he would abstain anyway. It was then moved by Councilman Latta, seconded by Coop agmt Avila and unanimously carried by roll call to appvd w/LA 'Councilwoman approve the Cooperative Agreement with the County for County improving Vincent Avenue and Arrow Highway. Councilman Latta offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, CONSENTING TO THE ESTABLISHMENT OF PORTIONS OF VINCENT AVENUE, ARROW HIGHWAY AND THE INTERSECTION OF GLADSTONE STREET AT LARK ELLEN AVENUE/VERNON AVENUE WITHIN SAID CITY AS PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES. 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, NARANJO, LATTA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: MOSES OTHER BUSINESS/CITY COUNCIL Moved by Councilwoman Avila, seconded by Councilman Latta and unanimously carried by roll call that the wording on the Audience Participation portion of the Rules of Order for Conduct of Council Meetings, Resolution No. 8579, be amended to read "maximum of five minutes" rather than, "have five minutes". Further that the public participation portion of the Redevelopment Agency be brought forward as the first item on the Redevelopment Agenda. Res. #8615 Vincent Ave, Arrow Hwy as part of System of Hwys 0th Bus/Cncl Amend. Rules of Order of Conduct reso. Moved by Councilwoman Avila, seconded by Councilman Latta Poss. re - and unanimously carried by roll call that Staff investigate activating the possibility of re -activating a Community Calendar. Comm. Cal. Agenda item regarding possible purchase of the Pasadena poss pur Power Plant property was held in abeyance until the matter Pasadena could be discussed in Closed Session. prop/clsd sess. THE REDEVELOPMENT AGENCY CONVENED JOINTLY WITH THE CITY CRA convened COUNCIL AT 10:04 P.M. w/Cncl Councilwoman/Director Avila offered a resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON MAY 1, 1989s PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) AND (c). Moved by Councilwoman/Director Avila, seconded by Councilmember/Director Latta to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council/Agency: AYES: COUNCILMEMBERS/DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS/DIRECTORS: NONE ABSENT: COUNCILMEMBERS/DIRECTORS: NONE 05/01/89 PAGE ELEVEN Res. #8618 Closed Sess TIME OF RECESS TO CLOSED SESSION: 10:05 P.M. THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED AT 11:25 P.M. Moved by Councilman/Director Naranjo, seconded by Councilwoman/Director Avila and carried by roll call that staff be instructed to prepare environmental documents regarding the possible purchase of the Pasadena Power Plant Property and that these documents be sent to the State Clearing House. Mayor/Chairman Moses and Councilman/Director Latta abstaining. Recess to Closed Sess Reconvened Staff to prepare environmen- tal docmts Moved by Councilman/Director Latta, seconded by Adjourn Councilman/Director Naranjo and unanimously carried by roll call to adjourn. TIME OF ADJOURNMENT: 11:26 P.M. 'NEXT NEXT 1 RESOLUTION NO. 8619 ORDINANCE NO. 2401 05/01/89 PAGE TWELVE