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HomeMy WebLinkAboutMinutes - May 15, 1989 - CC (2)CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MAY 15, 1989 - 7:30 P.M. 1 The City Council of the City of Azusa met in regular session at the above date and time in the Civic Auditorium. Mayor Moses called the meeting to order, and led in the salute to the Flag. INVOCATION was given by Geoffrey Craig, Director of Finance, City of Azusa. 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, City Librarian Alaniz, Redevelopment Director Steel, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Lara. CEREMONIAL The Council, as a body, presented a Proclamation to Ysidro Lopez in honor of his 95th birthday. Members of his family were present and also shared in the receipt of the Proclamation. PUBLIC PARTICIPATION Mr. Jim Robertson addressed the Council voicing his concerns with regard to the use of legal and illegal fireworks at the Foothill Shopping Center on the 4th of July. He felt that the problem should be referred to appropriate staff members to rectify the situation. Councilman Stemrich advised Mr. Robertson that the owners of the shopping center were ultimately responsible and that they should be contacted, as he was not sure the City could get involved, as it is private property. Mr. Robertson further stated that the City could possibly adopt an Ordinance making it illegal to use fireworks at the shopping center. The City Attorney advised that this was discretionary and could not be done; that enforcement was the answer. Call to Order Invocation Roll Call Also Present Ceremonial Proclamation to Y. Lopez Pub.Prtc. Comments J. Robertson It was then moved by Mayor Moses, seconded by Councilman Fireworks Stemrich and unanimously carried by roll call that this probs rfrd matter be referred to staff for report to Council. to staff Mr. Art Morales addressed the Council requesting that more citizens get involved by attending the space shuttle landings. Mr. Al Soper addressed the Council requesting an update on progress made by the Edwards Drive -In to upgrade their pro- perty and if the panels were in place and would survive heavy winds. City Administrator advised him that Edwards personnel had completed the panels and that they were inspected by the Building Department. That all other 'matters regarding permits for two day swap meets, etc., were in the Public Hearing process with the Planning Commission. Mrs. Frances Gonzales addressed the Council and thanked Council and staff for the wonderful day at the park during the dedication ceremonies of the Civic Center. Comments A. Morales Comments A. Soper Comments F. Gonzales Ms. Christine Pasenelli addressed the Council and expressed Comments thanks and gratitude on behalf of her and her family members C. Pasenelli on the honor the Council had bestowed upon her grandfather, Ysidro Lopez, by presentation of the Proclamation. The CONSENT CALENDAR consisting of Items 1 through 9 was Cons Cal appv approved by motion of Councilman Latta, seconded by G-1 as amnded Councilman Stemrich and unanimously carried by roll call vote. Item G-1 was approved as amended (typographical errors.) 1. The Minutes of the regular meeting of May 1, 1989 Min appvd as were approved as amended. amended 2. The appointment of Victor Padilla to the position of Appt. V. Street Maintenance Crew Supervisor, was approved Padilla contingent upon successful completion of the physical examination. Effective date to be determined. 3. Playground equipment for City Park needs to be installed as soon as possible. It is very difficult to write specifications and request written bids on such items. Staff reviewed available equipment from various vendors. Therefore, formal bidding procedures were waived pursuant to the Municipal Code, and authorization given to purchase the playground equipment for City Park from Miracle Recreation at a cost of $14,779.14, including installation. 4. Due to difficulties in recruiting personnel for the position of Operations Analyst, a revision to the specifications regarding substitution of experience for education was approved. The following resolution was adopted. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REVISING THE SPECIFICATIONS FOR THE POSITION OF OPERATIONS ANALYST. 5. Employee step increase and permanent status recommendations were approved for the following: ' NAME STATUS EFFECTIVE C. Brewer Step 5 05/03/89 P. Foley Step 4 05/03/89 C. Grogan Step 4 05/03/89 D. Mata Step 4 05/05/89 6. A "Going Out of Business Sale" was approved, with regret, for Azusa Furniture for a period of thirty days, with a thirty day extension upon written request. 05/15/89 PAGE TWO Playground equip @ Cty Park Res. #8619 Specs Oper. Analyst Emp step inc/ perm status Going out of busns sale Azusa Furn. 7. The City Treasurer's Financial Statement showing a balance of $13,104,251.43, as of April 30, 1989, was received and filed. 8. The following resolution amending Resolution No. 8579, relating to the conduct of City Council meetings was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADOPTING RULES OF ORDER FOR THE CONDUCT OF CITY COUNCIL MEETINGS. 9. Two separate resolutions authorizing payment of warrants by the City were adopted and entitled: City Treas. Fin. Stmnt Res. #8620 rules of ordr Cncl mtgs A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #s 8621 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE & 8622 FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Warrants THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT Cncl convened AGENCY AT 7:55 P.M. w/CRA In conjunction with the Price Club project, amended Price Club Ordinances and agreements pertaining to the distribution project and administration of the sales and use taxes require approval. Councilwoman Avila offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RESCINDING AN AGREEMENT WITH THE AZUSA REDEVELOPMENT AGENCY AND APPROVING A NEW AGREEMENT WITH THE AZUSA REDEVELOPMENT AGENCY RE TRANSFERRED SALES AND USE TAXES (PRICE CLUB PROJECT). Moved by Councilwoman Avila, seconded by Councilman Stemrich to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Director Naranjo offered a resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA RESCINDING AN AGREEMENT WITH THE CITY OF AZUSA AND APPROVING A NEW AGREEMENT WITH THE CITY OF AZUSA RE TRANSFERRED SALES AND USE TAXES (PRICE CLUB PROJECT). Moved by Director Naranjo, seconded by Director Stemrich to waive further reading and adopt. Resolution passed and by the following vote of the Agency: ,adopted AYES: DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Councilwoman Avila offered an Ordinance entitled: Res. #8623 rescinding agmt w/CRA sales & use taxes - Price Club Res. #570 rescinding agmt w/Cncl sales & use taxes - Price Club AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st rdg Cncl REPEALING SECTION 3.28.170 OF THE AZUSA MUNICIPAL CODE AND Ord re: sales SUBSTITUTING A NEW SECTION 3.28.170 RELATING TO SALES AND & use tax USE TAX PAYMENT CREDITS. 05/15/89 PAGE THREE Moved by Councilwoman Avila, seconded by Councilman Naranjo and unanimously carried by roll call to waive further reading and introduce the Ordinance. Director Stemrich offered an Ordinance entitled: AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT 1st rdg CRA AGENCY OF THE CITY OF AZUSA REPEALING ORDINANCE NO. 1 AND Ord re: sales ADOPTING A SALES AND USE TAX FOR THE PRICE CLUB PROJECT. & use tax Moved by Director Stemrich, seconded by Director Avila and unanimously carried by roll call to waive further reading and introduce the Ordinance. As part of the Ranch Center project, the Agency and the Ranch Cntr County of Los Angeles negotiated an agreement to allocate project the tax increment funds derived from the Ranch Center project area formation. Councilman Naranjo offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8624 APPROVING THAT CERTAIN AGREEMENT ENTITLED "AN AGREEMENT FOR agmt for tax ALLOCATION OF TAX INCREMENT FUNDS" BETWEEN THE CITY OF increment AZUSA, THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, AND funds w/Cnty THE COUNTY OF LOS ANGELES. Moved by Councilman Naranjo, seconded by Councilman Latta to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: NOES: ,ABSENT: Director COUNCILMEMBERS: AVILA, MOSES COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE STEMRICH, NARANJO, LATTA, Avila offered a resolution entitled: A RESOLUTION OF THE CITY OF AZUSA REDEVELOPMENT AGENCY Res. #571 APPROVING THAT CERTAIN AGREEMENT ENTITLED "AN AGREEMENT FOR agmt for tax ALLOCATION OF TAX INCREMENT FUNDS" BETWEEN THE REDEVELOPMENT increment AGENCY OF THE CITY OF AZUSA, THE CITY OF AZUSA, AND THE funds w/Cnty COUNTY OF LOS ANGELES. Moved by Director Avila, 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, NARANJO, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Cncl recessed CONTINUED AT 8:01 P.M. CRA cont. THE CITY COUNCIL RECONVENED AT 8:06 P.M. Reconvened HE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL No bus IDA EVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCE /SPECIAL RESOLUTIONS Ord./Spec.Res Mayor Moses and Mayor Pro -tempore Latta left the Council Moses & Latta table and abstained from the following proceedings dealing lft Cncl tbl with the Owl Rock property. Councilman Naranjo chaired this Naranjo item. chaired item 05/15/89 PAGE FOUR City Attorney apprised the Council that there were two resolutions for their consideration. One dealing with the negative declaration for the rock processing and one dealing with modifications to the conditions of approval. The resolution concerning the conditions of approval had been amended to include the size of trucks to be used (25 ton) and also to include the buffer zone. Mr. Glenn Watson, representing Owl Rock Products, addressed this item stating that he had only one problem with the resolution as presented for Council consideration, and it was the provision in paragraph M which limits the truck traffic on Todd Avenue.,He requested that a specific sentence be deleted from tat paragraph: "The Applicant shall not exceed an average per year of four hundred forty- eight (448) round-trip twenty-five (25) ton truck trips (eight hundred ninety-six [896] one-way truck trips) per day on Todd Avenue." He stated that he had no problem with the beginning of that paragraph which stated, in essence, that there would be no increase in truck trips along Todd Avenue over the June, 1986 to March, 1988 levels. He felt that the City provided for regulations of truck trips and tonnage and asked that the one sentence cited be deleted. City Attorney responded to questions of Council regarding this revision, and advised that staff requested that if a maximum number of trips were placed in the resolution it would be easier to measure, rather than looking at what may have occurred over that two year period. He further advised that payment to the City on the tonnage excavated was not at issue. Community Development Director Bruckner addressed this matter, requesting that this revision not be considered. He advised that it is his department's responsibility to 'react to complaints and to determine whether the condition of increased truck traffic over previous levels has been violated or not. Not having a specific number to refer to and having to go back and calculate over a period of time is a lot more difficult. That was the reasoning for placing a number of truck trips in the resolution so that it could be utilized in monitoring the traffic. Proposed resos for Owl Rock rock procesng Comments G. Watson to delete sentence re: truck trips Comments Cty Atty Comments Bruckner Mr. Watson advised that if it would assist staff, their Comments company could provide calculations showing the total tons Watson removed during the period of time specified in the resolution, so there would be no problem in calculating what the maximum was during that period of time. Further discussion ensued regarding the possibility of General monitoring the truck traffic on Todd for a period of time to discussion get a count and then averaging this figure to use as reference; if the deletion were honored of that sentence regarding number of truck trips, would the City still be protected and could calculations be made. It was ascertained that the City would be protected in the event the sentence were deleted, and that calculations could be made, but not as readily if the average numbers were deleted. ' Councilman Stemrich then offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8625 CERTIFYING AND APPROVING THE NEGATIVE DECLARATION FOR THE crtfying & AMENDMENT OF RESOLUTION NO. 4520 MODIFYING CONDITIONS OF appvng Neg APPROVAL FOR ROCK PROCESSING AT THE OWL ROCK PRODUCTS Dec - Owl COMPANY PLANT. Rock 05/15/89 PAGE FIVE Moved by Councilman Stemrich, 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 NOES: COUNCILMEMBERS: NONE a ABSTAIN: COUNCILMEMBERS: LATTA, MOSES ABSENT: COUNCILMEMBERS: NONE adopt. Resolution passed and Prior to adoption of resolution modifying the conditions of General approval for the rock processing at Owl Rock, further discussion discussion ensued between staff, Council, City Attorney and Mr. Watson regarding the truck traffic on Todd Avenue and methods of calculating and/or monitoring. Councilman Stemrich recommended that traffic counts be taken at the site and that these costs be borne by the Rock Company. Mr. Watson advised that Owl Rock would be willing to pay the costs for said monitoring. It was then moved by Councilman Stemrich, seconded by Delete trk Councilwoman Avila and carried by roll call to delete the trip #s & language regarding maximum of 448 truck trips on Todd Avenue #4520 modifyn replace w/ to be replaced with: I'The applicant shall pay the City for monitoring the cost of monitoring truck traffic on Todd Avenue for a of traffic to maximum period of six (6) months.,, Mayor Moses and be paid by Councilman Latta abstaining. further reading and adopt. Resolution passed and Owl Rock Councilwoman Avila then offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8626 AMENDING RESOLUTION NO. 4520 MODIFYING THE CONDITIONS OF amending Res. APPROVAL THEREIN FOR ROCK PROCESSING FOR THE OWL ROCK #4520 modifyn PRODUCTS COMPANY PROPERTY. conditions entails. He felt that better notification should be given Owl Rock Moved by Councilwoman Avila, seconded by Councilman Stemrich to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO NOES: COUNCIL14EMBERS: NONE ABSTAIN: COUNCILMEMBERS: LATTA, MOSES ABSENT: COUNCILMEMBERS: NONE Mayor Moses and Councilman Latta returned to the Council Moses & Latta table at this time. returned SCHEDULED ITEMS Sched. Items CONTINUED PUBLIC HEARING - on proposed zone change and Cont Pub Hrg general plan amendment to rezone properties along Azusa and GPA 88-5, Z - San Gabriel Avenues; and Code Amendment relating to the 88-6, Amend creation of an R3-0 zone. 163 Due to a possible conflict of interest, Councilwoman Avila Avila abstain abstained from the proceedings on this item. Moved by Councilman Stemrich, seconded by Councilman Latta Hrg cont to ,andcarried by roll call to open the hearing and continue it to Monday, May 22, 1989, 7:30 P.M., in the City Library 5/22/89 Auditorium. Councilwoman Avila abstaining. Mr. Ivan Goodner, owner of an apartment complex in the Comments proposed zone change area, addressed Council and stated that I. Goodner the manner in which the zone is proposed to be changed will cause twelve properties to be considered non -conforming; and the owners are probably not aware or realize what this entails. He felt that better notification should be given to the property owners involved. 05/15/89 PAGE SIX Director of Community Development Bruckner advised Comments procedures for notification of property owners on such Bruckner matters as mandated by law. Discussion was held regarding re -advertising to advise General residents of the upcoming meeting and also of re -posting discussion affected properties. Mr. Ed Tyck addressed Council and stated that the hearing Comments notices received by the public are beneficial, however, the E. Tyck notice does not state that amortization will be initiated on certain properties if the zone change occurs. He felt that the notices should advise the "good news and the bad news." If this were done, there would be more public input on matters of this nature. Further discussion ensued regarding notification of all Discussion property owners, possibility of waiting a few more weeks before conducting the hearing on this issue, and the fact that this matter was not entirely new, as the Planning Commission has held hearings on this matter also. Councilwoman Avila left the Council table at this time as apparently the item was going to be discussed. Mr. Ivan Goodner addressed the Council and stated that owners were notified in February of 1988 when this issue was before the Planning Commission, and there was a lot of public input. He also received a notice when this issue was to be presented before the Council. However, no subsequent notices were sent when there were continuances. As there were other people in the audience who wished to speak, the Mayor made a motion to re -open the Public Hearing. Motion died for the lack of a second. It was consensus of Council that this continued public hearing of May 22nd be re -advertised in the San Gabriel Valley Tribune and that the property be posted. Councilwoman Avila returned to the Council table at this time. Avila lft Cncl table Comments I. Goodner Reopen hrg (died) Hrg to be re - advertised & posted Avila rtnd PUBLIC NUISANCE APPEAL - of Sanmukh P. and Bharti S. Bhakta Pub Nuis Appl for property declared a public nuisance at 626-628 N. Azusa Bhakta Avenue, for non-compliance of the seismic safety Ordinance. The appellant requested, via letter from his attorney, that Req for the appeal be continued as he has a conflicting hearing continuance scheduled in the City of Pomona. It was moved by Councilman Latta, seconded by Mayor Moses Appl cont to and unanimously carried by roll call to continue the public 6/5 mtg nuisance appeal to the meeting of June 5, 1989, and further receive information on matters that transpired at the hearing in Pomona. Moved by Councilman Latta, seconded by Councilman Naranjo Waive AMC re - and unanimously carried by roll call to approve waiver of quirmnts for ,Municipal Code requirements regarding March 31, 1989 firewkrs prmt deadline for fireworks permit application for the Disabled Disabled Amer American Veterans. Veterans Due to a possible conflict of interest, Mayor Moses and Moses & Latta Councilman Latta left the Council table and abstained from lft Cncl tabl the following item. Councilman Naranjo chaired this issue. Naranjo chrd A resolution was proposed for approval of a purchase Proposed res agreement with the City of Pasadena for certain property in purch propty the San Gabriel Canyon. frm Pasadena 05/15/89 PAGE SEVEN Moved by Councilman Naranjo, seconded by Councilman Stemrich Cont to after and carried by roll call to continue this item until after Closed Sess Closed Session. Mayor Moses and Councilman Latta abstaining. The Mayor announced that on June 30, 1989, the following Bd & Comm Boards and Commissions had term expirations, as follows: expiration announcemnts CULTURAL AND HISTORICAL LANDMARK COMMISSION - 2 positions LIBRARY COMMISSION - 2 positions PERSONNEL BOARD - 1 position PLANNING COMMISSION - 2 positions The Mayor further advised that applications were available for all interested residents and incumbents in the City Administrator's Office. SPECIAL CALL ITEMS Spec Call NONE None OTHER BUSINESS/CITY COUNCIL Oth Bus/Cncl NONE None ' THE REDEVELOPMENT AGENCY CONVENED JOINTLY WITH THE CITY CRA convnd COUNCIL AT 9:00 P.M. w/Cncl Director/Councilman Naranjo offered a resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8628 AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Closed Sess THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON MAY 15, 1989, PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54957. Moved by Director/Councilman Naranjo, seconded by Director/Councilman Latta to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency/Council: AYES: DIRECTORS/COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: DIRECTORS/COUNCILMEMBERS: NONE ABSENT: DIRECTORS/COUNCILMEMBERS: NONE TIME OF RECE88 TO CLOSED SESSION: 9:01 P.M. Recess to Closed Sess THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL RECONVENED Reconvened AT 9:30 P.M. Moved by Director Naranjo, seconded by Director Latta and Int costs @ unanimously carried by roll call to continue item dealing Rainbow cont with costs for the interior repairs of nine units at the to 5/22 mtg Rainbow Angling Club property to the adjourned meeting of May 22, 1989. 05/15/89 PAGE EIGHT Agenda Item K-4 dealing with the purchase of property from Pasadena the City of Pasadena was then discussed. Due to a possible propty item conflict of interest, Mayor Moses and Councilman Latta Moses & Latta abstained from the proceedings and left the Council table. abstn Naranjo Councilman Naranjo chaired this item. chaired City Attorney apprised the Council that the staff memo Comments dealing with the purchase of the Pasadena property stated Cty Atty that State guidelines disallow a binding commitment to purchase property prior to grant application approval. He tadvised that Director of Community Services Guarrera informed him that he had spoken to a supervisor at the State and that the grant application the City proposes would be in order even with the execution of the proposed agreement, therefore, the statement in the staff report was in error. Councilman Stemrich then offered the resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8627 APPROVING AN AGREEMENT WITH THE CITY OF PASADENA FOR THE auth purch PURCHASE OF THE AZUSA POWER PLANT PROPERTY OWNED BY THE CITY of Pasadena OF PASADENA IN SAN GABRIEL CANYON. property Moved by Councilman Stemrich, 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 NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: LATTA, MOSES ABSENT: COUNCILMEMBERS: NONE Mayor Moses and Councilman Latta returned to the Council Moses & Latta table at this time. returned Moved by Councilman/Director Naranjo, seconded by Adj to 5/22 Councilman/Director Stemrich and unanimously carried to @ Library Aud adjourn the meeting to May 22, 1989, at 7:30 P.M., in the City Library Auditorium. TIME OF ADJOURNMENT: 9:34 P.M. ;CITY CLERK NEXT RESOLUTION NO. 8629 'NEXT NO. 2401 05/15/89 PAGE NINE