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HomeMy WebLinkAboutMinutes - September 18, 1989 - CC (2)CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEMBER 181 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 Monsignor Robert Stein of the St. Invocation Frances of Rome Church. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: AVILA, STEMRICH, LATTA, MOSES ABSENT : COUNCILMEMBERS: NARANJO ALSO PRESENT Also Present City Attorney Thorson, City Administrator Fuentes, Assistant City Administrator Diaz, Director of Finance Craig, Chief Police Wood, Director of Community Development Bruckner, ,of 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, Deputy City Clerk Lara. Moved by Mayor Moses, seconded by Councilman Stemrich and Naranjo excsd unanimously carried by roll call* to excuse Councilman Naranjo from the meeting. Ceremonial NONE PUBLIC PARTICIPATION Pub.Prtc. Mr. Al Jordan of Trivalley Construction Company addressed Comments the Council requesting that Council reconsider the award of A. Jordan the contract for storm drain on Alosta Avenue. He stated that the documents in question were not received in his bid packet and further his company is a minority business and was lower than the bid award. That perhaps a check list ,should be given to bidders to ensure that all documents are enclosed. Mr. Jordan's suggestion was referred to staff for consideration. Mr. Art West addressed Council regarding the revenue Comments measures. A. West Mr. Art Morales addressed the Council regarding the second Comments recall attempt. A. Morales Mr. Fred Echevarria addressed the Council regarding the fact Comments that his place of residence, 154 S. Virginia, was declared a F. Echevarria public nuisance. He requested more time to correct the problems and was advised to discuss the matter with staff. Director of Public Works presented a brief over -view of the Planned stree planned street reconstruction work that is scheduled to be reconstructio accomplished by December, to be funded by the revenue measures that were recently adopted. The CONSENT CALENDAR consisting of Items 1 through 18 was Cons Cal approved by motion of Councilman Stemrich, seconded by appvd G-5 and Councilman Latta, and unanimously carried by roll call 15 Spec Call vote*, with the exception of Items G-5 and G-15, which were 'considered under the Special Call portion of the Agenda. 1. The Minutes of the adjourned regular meeting of August Min appvd 31st and the regular meeting of September 5th, 1989, were approved as written. 2. The appointment of Joel Crawford to the position of Appt J. Police Officer Trainee, effective September 25, 1989, Crawford was approved. 3. The promotional appointment of Sergeant Robert Garcia Promo appt to Police Lieutenant, effective September 19, 1989, was R. Garcia approved. 4. Contract for one truck mounted aerial over -center Bid award articulating device (boom truck), was awarded to West West Coast Coast Utility Equipment Co., low bidder, in the amount Util.Equip of $39,819, and its execution authorized. Three bids Co. (boom were received and opened in the City Clerk's Office on truck) September 11th. Further, authorization was given to transfer $3,819 from the Electric reserve to CIP funds as budgeted amount was only $36,000. 5. Special Call item. Spec Call ' 6. Contract for one 4 -reel turret trailer was awarded to Bid award Sauber Manufacturing, sole bidder, in the amount of Sauber Mnfg. $27,681, and its execution authorized. Bid opening 4 -reel trlr was held on September 11, 1989, in the City Clerk's Office. 7. Contract for street name sign replacement, Project No. Bid award 824-89, was awarded to Central Cities Sign Service Proj 824-89 Company, sole bidder, in the amount of $11,843.46, and Central its execution authorized. Bid opening was held in the Cities Sign City Clerk's Office on September 11, 1989. 8. Approval was given to prepare a Proclamation as Proclo for requested by the County of Los Angeles, Commission on Dr. King Human Relations, declaring January 8-18, 1990, as Dr. Martin Luther King, Jr. Birthday Week. 9. Formal bidding procedures were waived pursuant to the Municipal Code and authorization given to purchase a backhoe tractor and pavement breaker, using the bid results from the cities of Long Beach and Los Angeles. Purchase to be made from Case Power and Equipment Company, at a cost of $45,528.74. 110* The purchase of an emergency reel of copper conductor cable was approved through Rome Cable Inc., lowest quote; further three additional reels will be delivered next month. Total amount of purchase is $11,264.08. Action was approved pursuant to the Municipal Code with regard to emergency situations. 11. Amendment No. Two to the Joint Exercise of Powers Agreement of the East San Gabriel Valley Consortium was approved. The amendment relates to the ESGV Consortium formally adopting its own fiscal procedures to meet both legal and specifific requirements of its operation and to appoint its own auditor and treasurer. 09/18/89 PAGE TWO Frml bids waived to purch backhoe trctr & pvmnt breaker Copper cable purch from Rome Cable Amend No. Two ESGV Consrt 12. Parcel Map No. 20695, a development for commercial Parcel Map purposes, located at the southeast corner of Citrus and 20695 appvd Alosta, known as the Ranch Center, was approved and its recordation authorized. 13. The City Treasurer's Financial Statement showing a balance of $9,319,783.17, as of August 31, 1989, was received and filed. ' 14. The cities of Anaheim, Banning, Colton, Riverside and Azusa, in an effort to plan for future electric energy needs, propose to investigate the Lake Elsinore Pumped Storage Project for potential energy. A cost sharing agreement for the study was approved with the City's share to be 6% or $4,500.00. 15. Special Call item 16. The Azusa Unified School District and the Police Department have agreed to continue the School Resource Officer Program for another year. The agreement was approved and its execution authorized. The School District will fund 50% of the officer's time beginning September 1, 1989 through June 30, 1990. 17. In 1988, CDBG funds were made available to fund a case management program for the senior population. The program was put into place and a candidate hired. Subsequently, the candidate left and it has been impossible to find replacement, due to limited funds and the uncertainty of continued funding. After soliciting several agencies who provide this service contractually, an agreement was approved with Santa Anita Family Services, in an amount not to exceed $5,000.00. ' 18. Two separate resolutions authorizing payment of warrants by the City were adopted and entitled: Cty Treas Fin Stmnt Cost Sharing Agmt - Lake Elsinore Project Spec Call Agmt w/AUSD Schl Resource Off Pgm Agmt for case mngmnt pgm Santa Anita Fmly Svcs A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #s 8711 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE and 8712 FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Warrants THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT Convene w/ AGENCY AT 8:21 P.M. CRA The City/Agency prepared a supplemental EIR/EIS to address EIR/EIS for the impacts of a 25,000 ± square foot addition to the Centennial Centennial Square project. The EIR/EIS was prepared and Square circulated for review and is ready for certification by the City Council and the Agency. Councilwoman Avila offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8713 'CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT crtfying EIR/ REPORT/ENVIRONMENTAL IMPACT STATEMENT FOR THE PROPOSED CBD -1 EIS REDEVELOPMENT PROJECT. Moved by Councilwoman Avila,seconded by Councilman Latta to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AVILA, STEMRICH, LATTA, MOSES NONE NARANJO 09/18/89 PAGE THREE Director Stemrich offered a resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT Res. #622 AGENCY OF THE CITY OF AZUSA CERTIFYING THE FINAL crtfying EIR/ SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL EIS IMPACT STATEMENT FOR THE PROPOSED CBD -1 REDEVELOPMENT PROJECT. Moved by Director Stemrich, seconded by Director Avila to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: AVILA, STEMRICH, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NARANJO THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Cncl recssd CONTINUED AT: 8:25 P.M. CRA continued 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. ORDINANCES/SPECIAL RESOLUTIONS Ord./Spec.Res Director of Finance discussed the amendments to the Business Comments License Ordinance. Craig Councilman Stemrich offered an Ordinance entitled: ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st rdg Ord AMENDING TITLE 5 (BUSINESS LICENSES AND REGULATIONS), re: bus lic CHAPTERS 5.04, 5.08, 5.10, 5.12, AND 5.16, 5.28 AND 5.32 OF fees THE MUNICIPAL CODE TO REPEAL, AMEND AND ADD SECTIONS REGARDING BUSINESS LICENSE TAXES. Moved by Councilman Stemrich, seconded by Councilman Latta Waive frthr and unanimously carried by roll call* to waive further rdg reading. Moved by Councilman Stemrich, seconded by Councilwoman Avila Ord intro - and carried by roll call* to place the Ordinance upon its duced first reading. Mayor Moses dissenting. Councilwoman Avila offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st rdg Ord AMENDING CHAPTER 5.28 OF THE AZUSA MUNICIPAL CODE BY ADDING re: police SECTIONS 5.28.021 - 5.28.023 RELATING TO POLICE SUPERVISION sprvision AND REVOCATION OF PERMITS FOR EXHIBITIONS. exhibitions Moved by Councilwoman Avila, seconded by Councilman Stemrich and unanimously carried by roll call* to waive further reading and introduce the Ordinance. 'Councilman Stemrich offered an Ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st rdg Ord AMENDING SECTIONS 2.16.020 AND 2.16.030 OF THE AZUSA re: inc Pks MUNICIPAL CODE INCREASING THE NUMBER OF PARK AND RECREATION & Rec Comm COMMISSIONERS TO SEVEN. members Moved by Councilman Stemrich, seconded by Mayor Moses and Waive frthr unanimously carried by roll call* to waive further reading. rdg 09/18/89 PAGE FOUR Moved by Councilman Stemrich, seconded by Councilman Latta Ord intro - and carried by roll call* to,place the Ordinance upon its duced first reading. Mayor Moses dissenting. SCHEDULED ITEMS PUBLIC HEARING - to amend the circulation element of the Azusa General .Plan in order to delete a portion of the designated truck route on Sierra Madre Avenue between Todd Avenue and San Gabriel Avenue. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on September 6, 1989. Testimony was received from Director of Community Development Bruckner Testimony was received from Don Robinson. Moved by Councilwoman Avila, seconded by Councilman Latta and unanimously carried by roll call* to close the hearing. Moved by Councilman Latta, seconded by Councilwoman Avila and unanimously carried by roll call* to approve General Plan Amendment 89-3, deleting areas mentioned from the designated truck route system, and direct the City Attorney to prepare the necessary document. PUBLIC HEARING - rezoning of property from W (water conservation) to Ria (multiple family residential); General Plan Amendment from C (conservation) to M (medium density residential); Tentative Tract Map No. 47847; Conditional Use Permit to allow for the development of a condominium project 'with exemption from the multi -family residential construction moratorium; and Precise Plan of Design for a 67 unit detached condominium project on the property located at 475 West Sierra Madre - D & D Development Company/Johnny Johnson; and appeal by D & D Development of a specific condition dealing with public safety fees; and also an appeal by Christopher Sutton, attorney for Azusa First, a citizen group, against the project. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice of said hearing published originally in the Azusa Herald on September 6th and appeal published in the San Gabriel Valley Tribune on September 8th, as well as the affidavit of proof of posting said property on September 8th, 1989. Sched. Items Pub Hrg GPA 89-3 circulation element Hrg opened Testimony Bruckner Pub testmny Hrg closed GPA appvd Pub Hrg D&D Dev. Z-89-4, GPA 89-2, C-89-12 TT Map 47847, P-89-97 Hrg opened Testimony was received from Community Development Director Testimony Bruckner. He advised that the developer was appealing the Bruckner condition relating to police service fees. Staff has been negotiating with the developer and the condition should be amended to read as follows: The Police services fee shall be negotiated between the developer and the City to the satisfaction of the City Administrator, prior to the issuance of any building permits. He' stated that the citizen group was appealing the project because of the Azusa Greens Initiative. He stated that a validation action was filed and the courts decision was that this project was exempt from the Azusa Greens Initiative. Ms. Camille Courtney of D & D Development then presented Testimony slides of the area as it is at present and the type of homes C. Courtney that would be built at the site. 09/18/89 PAGE FIVE Christopher Sutton, attorney representing the citizen group, Testimony gave testimony, and advised that if the project was approved C. Sutton there would be a referendum. Councilman Stemrich requested that tape recordings of Mr. Tapes of Sutton's comments both at the Planning Commission and the Sutton's City Council meetings be forwarded to the Judge at Pomona rmrks to Court who ruled on the validation proceedings in this Judge in matter. Pomona 'Testimony was given by the following residents: Don Citizen Robinson, Robert Connelly, Louis Zamora, Patricia Robinson, testimony Art West, Bill Simpson and Murray Hirota. Moved by Councilman Stemrich, seconded by Councilman Latta and unanimously carried by roll call* to close the hearing. Director of Utilities Hsu responded to questions regarding water conservation. Council discussed the matter at hand. It was then moved by Councilman Latta, seconded by Councilman Stemrich and carried by roll call* to approve the zone change and general plan amendment; to deny the appeals and uphold the approval of the conditional use permit, tentative tract map and precise plan of design with the one amendment to condition 2.gg, as stated previously; further to direct the City Attorney to prepare the necessary documents. Mayor Moses dissenting. PUBLIC NUISANCE APPEAL for property declared Avenue. Property is feclared a nuisance due y fire and vandalism; hrough the roof and signage provisions; and of Richard H. and Barbara A. Tsang, nuisance at 172 West Sierra Madre a small shopping center and was to three of the stores being damaged several pole signs which project up are not conforming with current unpermitted roof -top signs. Hrg closed Comments Hsu Project appvd Pub Nus Appl Tsang Testimony was received by Community Improvement Manager Testimony Rudisel, after taking the oath administered by the City Rudisel Clerk. Testimony was given by David Loo, attorney for Mr. Tsang, after taking the oath administered by the City Clerk. Testimony was given by Richard Tsang, after taking the oath administered by the City Clerk General discussion was held between the parties cited above and the Council. It was then moved by Councilman Latta, seconded by Mayor Moses and unanimously carried by roll call* that staff work with Mr. Tsang extending the time allowed for revitalization of his property, in order to receive approval of his plans and subsequent construction. That, possibly, condition No. Two, relating to the electrical meters, be eliminated, and that on-going maintenance of the property be addressed. Testimony D. Loo Testimony R. Tsang Appl rfrd to staff UBLIC NUISANCE APPEAL - of Thomas J. Ciancitto, Jr., for Pub Nuis Appl roperty declared a nuisance at 512-514 N. Barbara Avenue. T. Ciancitto The property is a residence and was declared a nuisance due to general dilapidation and massive accumulation of junk and debris. Testimony was given by Community Improvement Manager Testimony Rudisel, after taking the oath administered by the City Rudisel Clerk. Testimony was received from Mr. Ciancitto, after taking the Testimony oath administered by the City Clerk. Ciancitto 09/18/89 PAGE SIX General discussion was held between the parties as cited above and the Council. It was then moved by Councilman Latta, seconded by Appl denied Councilman Stemrich and unanimously carried by roll call* to deny the appeal and uphold the order to abate; further that the owner be charged for staff time and City Attorney costs in handling the appeal. Moved by Councilman Latta, seconded by Councilman Stemrich 'and unanimously carried by roll call* to hold interviews for the newly created positions in the Cultural and Historical Landmark Commission and the Parks and Recreation Commission on Monday, October 2, 1989, at 6:30 P.M., in the Senior Citizen Center. SPECIAL CALL ITEMS The Mayor had pulled Agenda item dealing with step increases and advised that no discussion was necessary. Intrviews 10/2/89 @ 6:30 PM Sr Center Spec Call Moved by Mayor Moses, seconded by Councilman Latta, and Step inc./ unanimously carried by roll call* to approve employee step perm status increase and permanent status recommendations for the following: NAME STATUS EFFECTIVE H. Purnell PermStat 09/07/89 D. McFann PermStat/Step 2 09/07/89 City Administrator had pulled the item regarding Cable TV transferring the Cable TV franchise in case there were any transfer 'questions by the Council. Falcon Communications requests a of franchise transfer of the cable television franchise from Falcon Cable Media to Cencom Cable Television, Inc. Pursuant to Section 14.06.040 of the Municipal Code Council approval is required prior to any transfer of the franchise. Councilman Latta then offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8710 REGARDING THE TRANSFER OF THE CITY CABLE TELEVISION SYSTEM cable franch FRANCHISE. transfer to Cencom Moved by Councilman Latta, seconded by Councilman Stemrich to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, STEMRICH, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NARANJO OTHER BUSINESS/CITY COUNCIL Oth Bus/Cncl Moved by Mayor Moses, seconded by Councilman Latta and SoCal Water carried by roll call* to refer the City's Comm rfrd ,unanimously participation in the Southern California Water Committee to to staff staff to ascertain feasibility of participation. Discussion was held considering enactment of rent control Rent cntrl for mobile home parks. mobile pks Mr. Bob Metcalf spoke in support of rent control and asked Comments for Council assistance. B. Metcalf 09/18/89 PAGE SEVEN Moved by Mayor Moses, seconded by Councilman Stemrich and Rent cntrl unanimously carried by roll call* that staff contact cities rfrd to staff having rent control for mobile home parks and report to Council. Discussion was held regarding the length and content of Minutes to Council and Agency Minutes. be abbrevia- ted, action It was then moved by Councilman Stemrich, seconded by Mayor items only, Moses and unanimously carried by roll call* that Minutes 3 yr tape be abbreviated to contain action items only and that tapes retention of the proceedings be retained for a period of three years. THE REDEVELOPMENT AGENCY CONVENED JOINTLY WITH THE CITY CRA convnd COUNCIL AT 11:57 P.M. w/Cncl Councilman/Director Stemrich offered a resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8714 AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Closed Sess THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON SEPTEMBER 18, 1989, PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a), (b) AND (c). Moved by Councilman/Director Stemrich, seconded by Mayor/Chairman Moses to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council/Agency: AYES: COUNCILMEMBERS/DIRECTORS: AVILA, STEMRICH, LATTA, MOSES NOES: COUNCILMEMBERS/DIRECTORS: NONE ABSENT: COUNCILMEMBERS/DIRECTORS: NARANJO ITIME' OF RECESS TO CLOSED SESSION: 11:58 P.M. Recess to Closed Sess THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED Reconvened AT 12:35 A.M. City Attorney advised that the Council needed to hold an Need for adj adjourned regular meeting prior to the next Council meeting reg mtg regarding a public nuisance appeal hearing. Moved by Councilman/Director Latta, seconded by Adj CRA-Cncl Councilman/Director Stemrich and unanimously carried* to adj to 9/26 adjourn the Agency and to adjourn the City Council meeting @ 7:30 PM to Tuesday, September 26, 1989, at 7:30 P.M., in the Civic Auditorium. TIME OF ADJOURNMENT: 12:38 A.M. NEXT RESOLUTION NO. 8715 NEXT ORDINANCE NO. 2415 * Indicates Councilman Naranjo absent 09/18/89 PAGE EIGHT