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HomeMy WebLinkAboutMinutes - August 21, 1989 - CC (2)CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 21# 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 Salute to the Flag. INVOCATION was given by Reverend Bob Flagg of the First Presbyterian Church. ROLL CALL PRESENT: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT Acting City Attorney Hanna, Assistant City Administrator Diaz, Director of Finance Craig, Chief of Police Wood, Fibrarian irector of Community Development Bruckner, Utilities irector Hsu, Director of Public Works DeLoach, City Alaniz, Redevelopment Director Steel, Assistant Director of Community Services Day, City Clerk Solis, Deputy City Clerk Lara. Councilman Stemrich presented a Plaque to Rosa Vasquez, commending her for her assistance in recovering a stolen senior Citizen van. PUBLIC PARTICIPATION Call to order Invocation Roll Call Also Present Ceremonial Plaque to R. Vasquez Pub.Prtc. Mrs. Rose Shupe was not in attendance to address the R. Shupe not Council regarding the possibility of rotating the Mayor's at mtg to spk position among the Council members. Mr. Art Morales addressed the Council and stated that this Comments second attempt to recall Councilmembers Stemrich and Naranjo A. Morales was a detriment to the City. Friends and neighbors were arguing over the recall and the last attempt cost the City approximately $13,000.00. He requested that the Mayor take stand against the recall and urged all citizens to call Ia the Mayor at City Hall and request that he take a stand. Mr. Louis Zamora addressed the Council and stated that the Comments Council should strive for unity. That in the past, many L. Zamora businesses left the City, such as Huffy and Miller's and that this Council should work at prosperity for the City. He cited new developments that were coming into the City which were a boon to the residents. As his time had been spent, Mr. Zamora was allowed to continue speaking for another two minutes. He discussed the proposed revenue measures which would also help the City. He then requested that the City Clerk read the Proclamation regarding unity that was prepared in April of 1984, which he felt was well written and appropriate for this Council as well as the one in 1984. Mrs. Anne Jones addressed the Council with complaints regarding the Eagles Lodge. She stated that the last time 'she voiced her complaints at a Council meeting, nothing had been done to alleviate the problems by the Police. There is continual loud music, screaming and general ruckus, which keeps her and her family awake at nights. She felt that something could be done, but, had heard that the Council are all members of that Lodge and that is why nothing has been accomplished. She was pleased, however, that the Planning Commission had taken action to stop the BMX moto-cross racing at that location. At this point, the Council, individually, apprised her that they were not members of the Eagles Lodge and her statement was erroneous. Comments A. Jones Council comments General discussion was held between the Council and Mrs. Gen'l disc Jones regarding this problem. Councilman Stemrich advised her that when the noise problems occur, that he wished her to call him and he would arrive at her home and monitor the level of noise. It was consensus of Council that the problems be referred to the appropriate staff members. Mr. Tony Ramirez, Chairman of the Cultural and Historical Landmark Commission, addressed the Council in response to 'some of the comments made at the last Council meeting regarding the Commission's duties. He read the Ordinance which specifies the duties of the Commission, and stated that each member of the Commission was abiding by the guidelines as set forth. However, if the Council wished them to do more, to please advise. Discussion was held between Council and Mr. Ramirez and that possibly the Commission could advise of other projects it would like to tackle. Different aspects were bandied about and consensus was that Mr. Ramirez would advise the Commission and subsequently report to the Council on new projects contemplated. Mr. Ramirez, further, advised that the added members to the Commission would be very beneficial. Mr. Art West addressed the Council and stated that Councilman Stemrich objected to a letter to the editor in the local press, which criticized and attacked him. He went on to state that Councilmembers must expect a harsher degree of criticism and that it comes with the office. He then cited some statistics from the 1988-89 budget which disclosed that the rock companies contributed only 7% to the City, and he felt it should be higher. Eagle probs rfrd to staff Comments T. Ramirez Gen'l disc Comments A. West f r. Stephen Alexander addressed the Council and advised that Comments e had been appointed as the City's representative to serve S. Alexander n the National Organization for Disability. That he was proud to serve on this committee and that it was a non- paying appointment. At this point, Councilwoman Avila questioned the manner in Council which he was appointed. Mr. Alexander responded that the comments Mayor had appointed him. General discussion was then held as to why the Council had not been advised of the Mayor's appointment and had no knowledge of such an organization. 08/21/89 PAGE TWO The Mayor responded that he had received a call from Comments Washington requesting that he appoint a member of the Moses community and was also advised that the appointment did not need Council approval. It was consensus of Council that Mr. Alexander furnish the Info on dis- Council with copies of the information on this organization. abled to Cncl Mr. Don Clark addressed the Council and stated that he had Comments been advised ten years ago that Tenth Street would be D. Clark repaved as part of the over-all plan for resurfacing streets in the City. To date, it has not been done, and he wondered what the funds were being used for that the City received from highway use taxes. He, also, questioned the need for the Council to receive $330.00 per month for a car allowance. He did not think that the meetings they attended warranted such a high allowance. He also was disappointed that most of the Councilmembers' phone numbers were not listed in the telephone directory. He felt that their numbers should be available so that citizens could call them with problems or concerns. Councilman Stemrich advised that the car allowance offsets Council the many hours of meetings that the Council attends; comments meetings that they do not get paid for. Councilwoman Avila ISSUANCE OF THE SOUTHERN CALIFORNIA PUBLIC advised Mr. Clark that any citizen could reach her at City in mltpl rev Hall, or at her place of employment; that she had a pager, AUTHORITY'S MULTIPLE PROJECT REVENUE BONDS, and staff could always reach her for messages and she would bonds respond to whomever called; however, she did not want her SERIES. residence home number given out, and that the City did not pay her base phone bill as other Councilmembers. Mayor Moses responded to Mr. Clark that the office of Mayor always had the $330.00 car allowance, that the Council received less, and that it was just raised to that figure for the rest of the Council to be on a par with the Mayor. The CONSENT CALENDAR consisting of Items 1 through 17 was Cons Cal approved by motion of Councilman Latta, seconded by appvd G-15 & Councilman Naranjo, and unanimously carried by roll call 16 Spec Call; vote, with the exception of Item G-12, which would be acted G-12 dfrd to on after Closed Session, and Items G-15 and 16, which were after Closed considered under the Special Call portion of the Agenda. Session 1. The Minutes of the adjourned regular meeting and the Min appvd regular meeting of August 7, 1989, were approved as written. 2. The appointment of Jindrich Zigmund to the position of Appt J. Operations Analyst, Step 3, effective August 22, 1989, Zigmund was approved. 3. At the Town Hall meeting, the Council approved Pub Power agreements regarding the Southern California Public Auth Trans Power Authority Transmission Project Revenue Bonds, Proj Series 1989A. Documents concerning the Certificate and Notice of Exemption were omitted at that time and were approved; further the following resolution was adopted: ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REGARDING THE CITY OF AZUSA'S PARTICIPATION AZUSA IN THE Res. #8692 Cty's prtcptn ISSUANCE OF THE SOUTHERN CALIFORNIA PUBLIC POWER in mltpl rev AUTHORITY'S MULTIPLE PROJECT REVENUE BONDS, 1989 bonds SERIES. 4. Promotional appointment of Jailer Terry Smith to the Promo appt position of Police Officer Trainee, effective August T. Smith 29, 1989, was approved. 5. Employee step increase and permanent status Step inc./ recommendations were approved for the following: perm status 08/21/89 PAGE THREE NAME STATUS EFFECTIVE J. Willison Step 5 07/31/89 M. Orta Step 4 08/23/89 C. Taylorson Step 5 08/24/89 6. The Police Department has an opportunity to purchase items through the State of California Department of General Services. By doing so, the department would save a considerable amount of money on items regularly purchased, such as ammunition. The following resolution was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8693 AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE Gen'l Svcs STATE OF CALIFORNIA TO PURCHASE CERTAIN ITEMS FOR THE Agmt-State AZUSA POLICE DEPARTMENT. 7. In 1979, the voters of the State of California passed Proposition 4, the "Gann Initiative", which added Article XIII -B to the State Constitution. This article provides that the total annual appropriations of California cities shall be limited, based upon the budgeted appropriations, and other factors, of the base year, Fiscal Year 1978-79. An appropriations limit of $14,304,782 has been established. The following resolution was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8694 ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE FISCAL appropriatns YEAR PURSUANT TO ARTICLE XIII -B OF THE CALIFORNIA limit CONSTITUTION. 8. The Light Division requires two transformers for Purch two installation at Rainbird Manufacturing and Wynn Oil transformers Company. To save delivery time, written quotations Wesco were obtained. Formal bidding procedures were waived pursuant to the Municipal Code and authorization given to purchase the transformers from Wesco in the amount of $25,861.40. 9. Bid opening was held in the City Clerk's Office on Re -advertise August 14th for one truck mounted 32 -foot overcenter for bids for articulating aerial device with a single side -mounted trk in L&W basket and utility body. No bids were received. The City Clerk was directed to readvertise for bids. 10. The City Treasurer's Financial Statement showing a Cty Treas balance of $9,319,361.46, as of June 30, 1989, was Fin Stment received and filed. (June) 11. The City Treasurer's Financial Statement showing a Cty Treas balance of $8,919,323.14, as of July 31, 1989, was Fin Stment received and filed. (July) 12. DEFERRED TO AFTER CLOSED SESSION. 13. During the past fiscal year staff has attempted to monitor the continued increase in maintenance and upkeep of our heating ventilation and air conditioning ' (HVAC) systems on all city buildings. In order to correct the various deficiencies in our HVAC systems, a contract was awarded to Building System Evaluation, Inc., in an amount not to exceed $7,500 and its execution authorized. This firm is qualified to conduct a mechanical and building systems evaluation. 14. The Community Services Department has applied for a State Grant to renovate the Recreation Center Gym and Locker Room. Staff has done preliminary preparation of plans and specifications for the project; however, it 08/21/89 PAGE FOUR Deferred Contract Bldg System Eval., Inc. (HVAC) Contract Henry Woo & Assoc. is now at a state that necessitates professional expertise of an engineer and architect to put the plans and specifications into the proper format for bids. A contract was approved with Henry Woo and Associates for engineering and architectural services at a cost not to exceed $6,000.00, and its execution authorized. 15. SPECIAL CALL ITEM 16. SPECIAL CALL ITEM 17. Two separate resolutions authorizing payment of warrants by the City were adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 8:36 P.M. Spec Call Spec Call Res. #s 8696 & 8697 Warrants Convene w/ CRA In conjunction with the Ranch Center Project, ordinances Ranch Cntr pertaining to the distribution and administration of the project sales and use tax revenues require approval. Director Latta offered an Ordinance entitled: AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ADOPTING A SALES AND USE TAX FOR THE AZUSA RANCH CENTER. Moved by Director Latta, seconded by Director Avila to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Agency: AYES: DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Councilwoman Avila offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTION 3.28.170 OF THE AZUSA MUNICIPAL CODE RELATING TO SALES AND USE TAX PAYMENT CREDITS. Moved by Councilwoman Avila, seconded by Councilman Latta to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ord. #3 sales & use tax Ranch Center Ord. #2406 sales & use tax Ranch Center THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Cncl recessed ONTINUED AT 8:38 P.M. CRA cont. THE CITY COUNCIL RECONVENED AT 8:40 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. 08/21/89 PAGE FIVE ORDINANCES/SPECIAL RESOLUTIONS Ord./Spec.Res Councilman Stemrich offered an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, STATE Ord. #2407 OF CALIFORNIA, ADDING SECTION 11.28.045 TO CHAPTER 11 OF THE vending AZUSA MUNICIPAL CODE PERTAINING TO VENDING AUTOMOBILES, automobiles WAGONS, OR STANDS. Moved by Councilman Stemrich, seconded by Councilwoman Avila '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 Community Development Director Bruckner addressed the Council and advised that with regard to the Ordinance pertaining to vending automobiles, that he had received a communication from City Attorney Thorson advising that a possible change might be considered by the Council in Section 1-b of the Ordinance relating to the time period; proposed change would be 11two hour period'I rather than "twenty-four hour period." Councilman Latta requested an update on our pushcart Ordinance from Mr. Bruckner and was advised that enforcement was proceeding and that either public nuisance abatement or other actions would be taken against violators. Councilman Latta then stated that he had been advised that vans housing these pushcart vendors were dropping them off at Edgewood Center. Matter to be investigated. tActing City Attorney advised that with reference to the vending automobile ordinance, that she had received the same information from Peter Thorson and suggested that the wording be changed and that the Ordinance, as amended, be placed upon its first reading this evening and that prior Ordinance would be rescinded. Councilwoman Avila then offered the Ordinance entitled: Comments Bruckner re: amend Ord. #2407 Update on pushcart Ord. Comments Actng Cty Atty re: Ord. #2407 to be amended AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, STATE 1st rdg Ord OF CALIFORNIA, ADDING SECTION 11.28.045 TO CHAPTER 11 OF THE vending autos AZUSA MUNICIPAL CODE PERTAINING TO VENDING AUTOMOBILES, w/amendmnts WAGONS, OR STANDS. Moved by Councilwoman Avila, seconded by Councilman Latta and unanimously carried by roll call to waive further reading and introduce the Ordinance. Councilman Latta offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTIONS 2.16.020 AND 2.16.030 OF THE AZUSA MUNICIPAL CODE INCREASING THE NUMBER OF PARK AND RECREATION COMMISSIONERS TO SEVEN AND PROVIDING FOR THE APPOINTMENT OF COMMISSIONER TO REVIEW EACH PARK WITHIN THE CITY. ,ONE Moved by Councilman Latta, seconded by Councilman Stemrich and unanimously carried by roll call to waive further reading. Moved by Councilman Latta, seconded by Councilman Stemrich to adopt Ordinance. Ordinance passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA NOES: COUNCILMEMBERS: MOSES ABSENT: COUNCILMEMBERS: NONE 08/21/89 PAGE SIX Ord. #2408 expanding Pks & Rec Comm Councilman Latta offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Ord. #2409 AMENDING SECTION 2.18.020 OF THE AZUSA MUNICIPAL CODE expanding INCREASING THE NUMBER OF MEMBERS OF THE CULTURAL AND Cult.&Hist. HISTORICAL LANDMARK COMMISSION FROM SEVEN MEMBERS TO ELEVEN Lndmrk Comm MEMBERS. Moved by Councilman Latta, seconded by Councilman Stemrich and unanimously carried by roll call to waive further 'reading. Moved by Councilman Latta, seconded by Councilman Stemrich to adopt Ordinance. Ordinance passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA NOES: COUNCILMEMBERS: MOSES ABSENT: COUNCILMEMBERS: NONE Councilman Latta offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Ord. #2410 AMENDING SECTION 2.04.050C OF THE AZUSA MUNICIPAL CODE interview RELATING TO INTERVIEW PROCEDURES FOR APPOINTMENT OF CITY process for COMMISSIONERS. Bds & Comms Moved by Councilman Latta, seconded by Councilman Stemrich 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 'Councilman Naranjo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE APPEAL OF THOMAS AND KAREN MANKE, H. M. ALBRECHT AND GAYLORD AND INGRID SLASOR, FINDING A PUBLIC NUISANCE FOR THE PROPERTY LOCATED AT 777 NORTH VERNON AVENUE, AZUSA FOODLOCKERS AND IMPOSING AN ORDER FOR THE ABATEMENT OF THE PUBLIC NUISANCE. Moved by Councilman Naranjo, seconded by Councilman Latta to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilwoman Avila offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING SECTION 3.08.080 TO THE MUNICIPAL CODE PROVIDING FOR SANITARY LANDFILL AND DISPOSAL FACILITY CHARGES FOR ROADWAY AND RELATED MAINTENANCE AND FACILITY REPLACEMENT OR XPANSION. oved by Councilwoman Avila, seconded by Councilman Stemrich and unanimously carried by roll call to waive further reading and introduce the Ordinance. Res. #8698 denying nuis appeal Manke/ Albrecht/ Slasor 1st rdg Ord re: sanitary landfill dis- posal chgs Prior to taking action on proposed Graffiti Ordinance, Comments re: Councilman Stemrich requested that Chief of Police Wood graffiti respond to procedures and processes used in arrest and arrest proce- conviction of graffiti perpetrators. He was aware that two dures - Cncl juveniles had been apprehended at Memorial Park recently for & Chief Wood 08/21/89 PAGE SEVEN malicious mischief. Chief of Police explained the procedures. General discussion was then held with the Chief and Council relating to stricter penalties; responsibilities of parents; differences in processing juveniles (under the age of 18 years) and adults and possibility of writing to the judges requesting harsher penalties. It was then moved by Councilman Stemrich, seconded by Councilman Latta and unanimously carried by roll call that letters be drafted to all judges advising of Council's ifeelings on leniency and requesting harsher penalties for graffiti perpetrators. Councilwoman Avila then offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTION 8.54.010 OF THE AZUSA MUNICIPAL CODE RELATING TO GRAFFITI REMOVAL. Moved by Councilwoman Avila, seconded by Councilman Latta and unanimously carried by roll call to waive further reading and introduce the Ordinance. SCHEDULED ITEMS Ltrs to all judges re: harsher pu- nishment fr graffiti 1st rdg Ord graffiti removal Sched. Items CONTINUED PUBLIC HEARING - on appeal of modified conditions Cont Pub Hrg of approval of Tentative Tract Map No. 46055, for property Tent Tract located at 2280 North San Gabriel Canyon Road, Angela Map 46055 Esparza. Esparza Mayor Moses left the Council table and abstained from the proceedings, due to a possible conflict of interest. Mayor Pro -tempore Latta chaired this item and declared that the Hearing was re -opened. Testimony was received from Community Development Director Bruckner who stated that this item had been continued from the July 3rd meeting in order for the applicant to have her engineer investigate the feasibility of proposed changes as recommended by staff. The major issue was Lot No. 6, which, because it is bisected by Highway 39, has a small triangular portion located on the south side of the highway. Applicant had originally wanted to build on the south side on that smaller lot. The plans have been amended and the home will be built on the larger portion of the lot, north of Highway 39, contingent upon various entity approvals. Moses abstain Latta chaired Hrg re -opened Testimony Bruckner Applicant, Angela Esparza, addressed the Council and advised Testimony that she was in agreement with all the recommendations as Esparza stated by Community Development Director and had no other comments, except that she would be making a lot of street improvements and building six quality homes. Testimony was solicited from the audience, but none received. Moved by Councilman Stemrich, seconded by Councilman Naranjo ,and carried by roll call to close the Hearing. Mayor Moses abstaining. Moved by Councilman Naranjo, seconded by Councilman Stemrich and carried by roll call to approve the modified conditions of approval for Tentative Tract Map No. 46055, as stipulated by the Planning Commission; further directing the City Attorney to prepare the necessary document. Mayor Moses abstaining. Mayor Moses returned to the Council table. 08/21/89 PAGE EIGHT No other testimony Hrg closed Tent Tract appvd Moses retnd PUBLIC HEARING - on appeal of Michael and Eleanor Snyder, to Pub Hrg legalize an over -height wall in the front yard setback on V-89-16 & P - the property located at 1015 North Enid Avenue. V-89-16 89-116 and Precise Plan of Design P-89-116. Snyder Councilman Stemrich advised that he would be abstaining from Stemrich the proceedings, as he had a conflict of interest in this to abstain matter as the applicants were his neighbors. He then left the Council table. 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 August 9th and the affidavit of proof of posting the property on August 4th, 1989. Community Development Director Bruckner addressed this item Testimony advising that the Planning Commission denied the variance Bruckner because the wall is in excess of 42 inches as required. The applicants contend that Planning Department staff gave them erroneous information regarding requirements for the construction of this wall. Planning staff contends that the applicants misinterpreted the Code section which states that the front yard setback will be 25 feet from the property line and what they did was to start construction from the curb face; which is a 12 foot difference from where the wall should be. Applicant Eleanor Snyder addressed the issue and appreciated Comments the fact that Councilman Stemrich was abstaining from action E. Snyder on this item. She also wondered whether or not Councilman re: Naranjo Naranjo should abstain, as she advised that she had a court to abstain action in Superior Court against the City and that & rspnse by Councilman Naranjo was named in that action and did not feel Act. Cty Atty he should be allowed to participate. Acting City Attorney l advised her that the claim had no bearing on the issue to be acted on tonight, and that there was no ruling to have Councilman Naranjo disqualified. With regard to Councilman Stemrich, he disqualified himself, due to the fact that he lives within 300 feet of the property being considered. Mrs. Snyder then stated that she never intended to violate Testimony any ordinances of the City. She was advised that the fence E. Snyder could go up to 6 feet if she measured back 25 feet. No one had ever told her about the right-of-way, which was 12 feet. She asked Planning staff to inspect the property at the point where they wanted to constuct the fence before they started construction, but was advised that since no permits were needed, no inspection was required. She also checked the regulatsions regarding fish ponds. She stated that a stop work order had been issued after the south side of the fence had been completed. Discussion was held with Mrs. Snyder and Council regarding Gen'l disc the bridge over her pond and manner of securing the fence by use of a wrought iron gate. Mrs. Mary Femenia who lives across the street from the Comments Snyders advised that she was against having this fence and M. Femenia wanted it down. Community Development Director Bruckner, again, addressed Comments this item stating that since the Council and Planning were Bruckner both interested in better development in the City, that the wall with a moat or pond effect and a bridge, would have the appearance of a fortress, which would have a detrimental impact on the residential neighborhood; giving it the appearance that it is not a safe neighborhood, thereby decreasing the value of the properties. Further, staff did give the applicants correct information; advising that the fence had to be built 25 feet back from the property line, not the curb line, which is where they put it. 08/21/89 PAGE NINE General discussion was held with Mr. Bruckner and Council Gen'l disc regarding the height of the fence. That if the fence were 3-1/2 feet high there would be no problem. But if they wanted a 6 foot high fence it would have to be moved back. Applicant Michael Snyder addressed this issue and advised Testimony that the southern half of the wall had been completed, made M. Snyder Of solid concrete, when he was advised to discontinue. He reiterated that he was given the wrong information by staff; that he was never told about the parkway. He felt that some sort of compromise could be reached. here being no further testimony, it was moved by Councilman Hrg closed Naranjo, seconded by Councilman Latta and carried by roll call to close the Hearing. Councilman Stemrich abstaining. Moved by Councilman Naranjo, seconded by Councilwoman Avila Appl denied and carried by roll call to deny the appeal and uphold the Planning Commission's recommendation; further directing the City Attorney to prepare the necessary document. Councilman Stemrich and Mayor Moses abstaining. Councilman Stemrich then returned to the Council table. SPECIAL CALL ITEMS Councilman Naranjo had pulled Agenda item dealing with the contract for Project No. 654, as he had some concerns; however, they had been resolved. He then made the motion, which was seconded by Councilman Latta, and unanimously carried by roll call to award the contract for Project No. 654 (FAU Project No. M -L535[005]), Alosta storm drain from Citrus Avenue to Little Dalton Wash, to Mobassaly ,Engineering, Inc., lowest responsible bidder, at a total cost of $471,088.00, and authorize its execution. As an FAU funded project, approval is subject to the concurrence of the State Department of Transportation. Bid opening was held in the City Clerk's Office on August 14, 1989, and thirteen bids were received; two of which were considered as non-responsive bids as they did not meet the Disadvantaged Business Enterprise (DBE) requirements stipulated in the specifications for this FAU funded project. Mr. Art West addressed item dealing with the resurfacing of various streets in the City. He wanted clarification regarding the use of County Tax funds for this project. He stated that the Blue Ribbon Committee had advised that the revenue measures they had proposed were for such projects as this. Assistant City Administrator Diaz responded to his questions and explained the different sources of funding. Stemrich returned Spec Call Bid award Proj 654 Mobassaly Eng., Inc. Comments A. West re: resurfacing various sts It was then moved by Councilman Latta, seconded by Plans & specs Councilman Naranjo and unanimously carrried by roll call to appvd for approve the plans and specifications for Project No. 812-89, proj 812-89 resurfacing of various city streets, and direct the City Clerk to advertise for bids. OTHER BUSINESS/CITY COUNCIL Oth Bus/Cncl The Mayor discussed the possibility of having Mrs. Victoria History of Ward prepare a background history on the City and urged the Azusa rpt Council to request her to do so. General discussion ensued by V. Ward regarding Mrs. Ward preparing that report as a school (no action) project, and that it could be an additional burden for her; the fact that she had been interviewed for the Cultural and Historical Landmark Commission, and that she wanted to bring this to the Commission as a project for all members to tackle. No action taken. 08/21/89 PAGE TEN Discussion was held regarding alleged conflicts between SCAG Air quality and the Air Quality Board regarding the clean air act. SCAG discussion has been working with the Air Quality Board to implement the plan and it was felt that Azusa should be more involved in the process because we do experience a lot of smog. It was then moved by Mayor Moses, seconded by Councilman Staff to rpt Stemrich and unanimously carried by roll call that staff on progress keep the Council informed of actions taken with regard to of air qualit this matter and to attend the various workshops that have plan been scheduled. Councilman Stemrich brought forward Item M -2-b at this time, M -2b brought with regard to Fibre Fuel. forward Councilman Naranjo advised that he would abstain from Naranjo discussion on this item and left the Council table. abstain Councilman Stemrich discussed the recent fire at Fibre Fuel Disc re: fire and that the ash and smoke permeated homes for four days, @ Fibre Fuel until the fire abated. He wondered what could be done to ensure this not occuring again. Mayor Moses then advised that he might have a conflict of Moses to interest with regard to this item, and left the Council abstain table. Mayor Pro -tempore Latta chaired this item. Latta chaired Redevelopment Director Steel addressed this item and advised Comments that there is an Owner Participation Agreement with Fibre Steel Fuel and that the facility can be inspected at any time. However, the practice has been to inspect them annually and that annual inspection is now due. Discussion was held with Council and it was determined that 2 Cnclmembrs Councilman Stemrich and another Councilmember accompany to inspect tstaff at that inspection and that staff prepare a report on fac w/staff their findings and re -assess the OPA for more stringent & rpt conditions. Discussion was held regarding the property on Old Azusa -San Temple propty Gabriel Road where a Temple is situated. Apparently, there rpt have been many complaints from neighbors regarding excessive ltrs to rock noise at that location and that the hillside has been quarries denuded. It was consensus that the matter be referred to staff to investigate and possibly seek public nuisance actions against the property owners. Councilman Stemrich then advised that the La Rondalla de La Rondalla Zacatecas Choral Group was going to have a special de Zacatecas performance at City Hall in the gazebo, on Tuesday, August chorus to 29th at 6:30 P.M. and invited all residents to attend. prfrm 8/29 Moved by Councilman Stemrich, seconded by Councilwoman Avila Plaque for and unanimously carried by roll call that a plaque be A. Morales & prepared commending Art Morales for soliciting funds from ltrs to rock the rock quarries, in the amount of $2500.00, which was quarries used to allow children to swim free at the pool. Councilwoman Avila added an addendum to this motion that the rock quarries, also, receive letters of thanks for their donations. ,Councilman Latta discussed the possibility of televising all Discussion Board and Commission meetings for citizen edification. re: televi- sing Bd & General discussion was held regarding the present cable Comm mtgs company being sold to another entity and if there would be on cable costs involved in televising these meetings or could this be negotiated because of the franchise. 08/21/89 PAGE ELEVEN It was then moved by Councilman Latta, seconded by Staff to Councilwoman Avila and unanimously carried by roll call that rpt staff investigate this matter and negotiate with the cable company to provide this public service. Councilman Latta discussed the possibility of Board and Poss monthly Commission meetings being held monthly rather than twice a mtgs only fr month in order to conserve monies, due to expansion of two Bds & Comms of the commissions. 'It was then moved by Councilwoman Avila, seconded by Staff to rpt Councilman Latta and unanimously carried by roll call that of feasibi- staff contact liaison departments of all board and lity commissions and report on the feasibility of monthly meetings. THE REDEVELOPMENT AGENCY CONVENED JOINTLY WITH THE CITY CRA convnd COUNCIL AT 9:59 P.M. w/Cncl Councilman/Director Stemrich offered a resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8699 AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Closed Sess THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON AUGUST 21, 1989, PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTIONS 54957 AND 54956.8 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a). Moved by Councilman/Director Stemrich, seconded by Councilwoman/Director Avila 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 TIME OF RECESS TO CLOSED SESSION: 10:00 P.M. Recess to Closed Sess THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED Reconvened AT 10:40 P.M. Acting City Attorney Hanna advised that during Closed Action taken Session the Council took action, by unanimous vote, to on MOU w/ approve the Memorandum of Understanding with the Azusa APOA Police Officers' Association and that the resolution was entitled: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8695 ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY appvng MOU AND THE AZUSA POLICE OFFICERS' ASSOCIATION EFFECTIVE JULY 1, w/APOA 1989. Moved by Councilman/Director Stemrich, seconded by Adj to 8/31 Councilman/Director Latta and unanimously carried to adjourn Civ Aud the meeting to Thursday, August 31, 1989, at 7:30 P.M. in the Civic Auditorium. 08/21/89 PAGE TWELVE TIME OF ADJOURNMENT: 10:45 P.M. CITY ERR NEXT RESOLUTION NO. 8700 NEXT ORDINANCE NO. 2411 08/21/89 PAGE THIRTEEN