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HomeMy WebLinkAboutMinutes - March 19, 1990 - CC (2)10 4116'4199) M N- 41141, MINUTES OF THE CITY COUNCIL REGULAR MEETING MARCH 19, 1990 - 7:30 P.M. r 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 Sims of the Prevailing Invocation Word Ministry. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT Also Present City Attorney Thorson, City Administrator Diaz, Director of Finance Craig, Director of Community Development Bruckner, Utilities Director Hsu, Chief of Police Wood, Director of Community Services Guarrera, City Librarian Alaniz, Street Maintenance Supervisor Pedroza, Redevelopment Director Steel, Redevelopment Manager Lyman, Public Information Officer Cooper, City Engineer Abbaszadeh, Community Improvement Manager Rudisel, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Lara. Ceremonial NONE None PUBLIC PARTICIPATION Pub.Prtc. Mr. Armando Camarena addressed the Council and advised that A. Camarena the Azusa High School Alumni Association had requested use comments on of Memorial Park for their Cinco de Mayo Carnival, but were Cinco de Mayo turned down due to hydroseeding the park just recently. He carnival requested that Fourth Street between Angeleno and Orange be blocked off for this event, from May 3rd through May a5th, 1990. He also requested permission to use City booths for _the event, as well as having a banner displayed at Foothill tnd Todd. oved by Mayor Moses, seconded by Councilman Latta and Staff to unanimously carried by roll call that staff meet with Mr. wrk w/Mr. Camarena to work out all necessary details. Camarena Mr. Art Morales addressed Council and discussed the A. Morales possibility of rent control throughout the City to include rent control apartments as well as mobile homes. for apts As this item was agendized, it was brought forward for Agenda item discussion at this time. brt frward Community Development Director Bruckner reported on the Comments various methods to reach rent stabilization and advised Bruckner Council that his report only included mobile home parks, but that if Council so desired, he would study the matter further to include apartments as well. General discussion was held between Council, City Attorney and staff. It was consensus of Council to refer matter to staff for further study, especially costs involved if such a program were to be initiated in the City. Mr. Jack Kelley, Mr. Ramiro Lopez, Mr. Gilbert Becerril and Mr. Albert Santa Cruz addressed the Council requesting to hold a Veterans March against malathion on March 24, 1990. The march would assemble at Memorial Park at 12 noon, ending at the City Hall with a rally. Members of Veterans' organizations throughout the Valley will be in attendance. Council and residents were invited to take part in the event. Since this item was agendized, it was brought forward at this time for discussion. Discussion Rent Control rfrd to staff J. Kelly, R. Lopez, G. Becerril & A. Santa Cruz - Vet March 3/24 (malathion) Agenda item brt frward Moved by Mayor Moses, seconded by Councilwoman Avila and Vets March unanimously carried by roll call to approve the march and appvd have staff work with the Veterans to coordinate the event. Mr. Stephen Alexander addressed the Council regarding some S. Alexander of the statements made by Councilman Stemrich when he was comments discussing the letter to the editor allegedly written by ltr to editor Jose Martinez. Lengthy discussion was held between the Council regarding Discussion ,the matters Mr. Alexander presented. Ms. Xenia Stavrinides addressed Council and advised that she X. Stavrinide was interested in purchasing property in the City but comments because of the penchant to rezone and impose amortization amortization she would seek property elsewhere. Community Development Director Bruckner addressed this issue Comments and advised that amortization is a common practice in all Bruckner cities. General discussion was held between the Council and staff. Discussion Michelle Brooks, representing the Western Mobile Home M. Brooks Association, addressed the Council relating to rent control comments and the attendant problems with such enactment by cities. rent control Mr. Ronald Legault addressed the Council relating to Owl R. Legault Rock excavation, the recent oil spill at that location, the various landfill, malathion spraying and the revenue measures. comments Utilities Director Hsu addressed the item relating to the oil spill at Owl Rock. General discussion was held between the Council and staff relating to items brought up by Mr. Legault as well as problems with the wells at Monrovia Nursery. Mrs. Mary Grosvenor addressed the Council relating to rental property in the City; campaign rhetoric and general demeanor of the Council. General discussion was held. 03/19/90 PAGE TWO Comments Hsu Discussion M. Grosvenor comments Discussion Mrs. Marietta Lowell addressed the Council regarding zone M. Lowell change that was enacted and wondered if her area, being in comments the unincorporated area of Los Angeles County, was going to be annexed to the City. She was advised that this was not the case. The CONSENT CALENDAR consisting of Items 1 through 12 was Cons Cal approved by motion of Councilman Latta, seconded by appvd, G-5, Councilman Naranjo, and unanimously carried by roll call 6, & 10 Spec l vote, with the exception of Councilman Naranjo abstaining on Call, Naranjo Item G-1; and Items G-5, G-6 and G-10, which were considered abstain on under the Special Call portion of the Agenda. G-1 1. The Minutes of the adjourned regular meeting of Min appvd March 5th and the Special meeting of March 9th, 1990, were approved as written. (Councilman Naranjo abstaining) 2. The resignation of Reserve Police Officer Sam Den Resign. S. Dekker, effective March 12, 1990, was accepted with Den Dekker regret. 3. The resignation of Police Officer Robert Leach, effective February 24, 1990, was accepted. 4. Employee step increase and permanent status recommendations were approved for the following: NAME STATUS EFFECTIVE G. Chavez PermStat Step 2 03/18/90 P. Maghsoudi PermStat Step 2 03/18/90 5. SPECIAL CALL ITEM 6. SPECIAL CALL ITEM 7. Contract for Project No. 828-89, replacement of waterlines in the industrial area, was awarded to Drainage Construction Company, second lowest bidder, and its execution authorized. Nineteen bids were opened in the Citiy Clerk's Office on March 12th, 1990. The apparent low bidder, Marnatt Construction, has requested that his bid be withdrawn due to a calculation error, and this was approved. The City Clerk was also directed to return unsuccessful bidders' guarantees. S. Specifications for the purchase of a portable diesel generator for the Water Division were approved and the City Clerk directed to advertise for bids. 9. The City Treasurer's Financial Statement showing a balance of $9,669,574.21, as of February 28, 1990, was received and filed. 10. SPECIAL CALL ITEM ,11. Agreement with Jaykim Engineering for a not to exceed fee of $267,600, was approved for the preparation of plans, specifications and estimates to upgrade the City's sewer and storm drain facilities using the City's masterplans. These charges will be paid out of the sewer and wastewater fund. 12. 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. 03/19/90 PAGE THREE Resign. R. Leach Step inc./ perm status Spec Call Spec Call Bid award Proj 828-89 Drainage Const. Co. Specs appvd diesel gene- rator Cty Treas. Fin. Stmnt Spec Call Agmt w/Jay- Kim Eng. sewer & storm drains Res. #s 8825 & 8826 Warrants THE CITY COUNCIL CONVENED AS THE REDEVELOPMENT AGENCY Convene as AT 9:11 P.M. CRA THE CITY COUNCIL AT 9:14 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. THE CITY COUNCIL DID NOT CONVENE AS THE AZUSA PUBLIC No bus APFA FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Ord./Spec.Res Councilman Naranjo offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING Ord. #2442 SECTIONS 15.40.130 AND 15.40.140 TO THE AZUSA MUNICIPAL CODE penalties RELATING TO PENALTIES FOR VIOLATIONS OF THE RESIDENTIAL fr viola - INSPECTION ORDINANCE tions of res. Moved by Councilman Naranjo, seconded by Councilman Latta insp Ord 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 SCHEDULED ITEMS Sched. Items CONTINUED PUBLIC HEARING - on appeal of Rogelio Fernandez, Cont Pub Hrg requesting a variance and precise plan of design to allow V-89-23 & P - legalizing additions, second residence and new garage with 89-23, R. reduced setbacks, parking and distance between buildings, Fernandez on the property located at 167 N. Dalton Ave. (V-89-23 and P-89-23) The Mayor declared the Hearing reopened. Hrg open Due to the fact that the applicant requested his appeal to Appeal with - be withdrawn, it was moved by Councilman Naranjo, seconded drawn by app by Councilman Latta and unanimously carried by roll call to accept withdrawal of the appeal. CONTINUED PUBLIC HEARING - on potential rezoning of property Cont Pub Hrg from M2 (heavy manufacturing) to Rlc (single-family Z-89-6 & GPA - residential) and change the General Plan designation from H1 89-3 (heavy industrial) to L (low-density residential) on property located at 209-221 S. Virginia Ave. (Z-89-6 and GPA -89-3) IThe Mayor declared the Hearing reopened. Hrg open oved by Councilman Latta, seconded by Councilman Naranjo Hrg cont to and unanimously carried by roll call to continue this item 4/16 mtg to the meeting of April 16, 1990. PUBLIC HEARING - on possible revocation of Conditional Use Pub Hrg Permit C-196, granted by Planning Commission Resolution No. C-196 (BMX) 1406, dated September 7, 1977, allowing operation of a revocation bicycle motocross (BMX) track on the property located at 1603 N. Azusa and San Gabriel Canyon Road. 03/19/90 PAGE FOUR The Mayor declared the Hearing open. The City Clerk read Hrg open the affidavit of proof of publication of notice of said hearing published in the San Gabriel Valley Tribune on March 9, 1990 and affidavit of proof of posting said property on March 9, 1990. Testimony was given by Community Development Director Testimony Bruckner who advised that the motocross function had ceased Bruckner operations and that since the use permit goes with the land, it was advisable to revoke same. IMr. Ronald Legault made comments regarding this item. Cmnts Legault Moved by Councilman Latta, seconded by Councilwoman Avila Hrg closed and unanimously carried by roll call to close the hearing. Moved by Councilman Naranjo, seconded by Councilman Latta CUP revoked and carried by roll call that conditional use permit be revoked, further directing the City Attorney to prepare the necessary document. Mayor Moses abstaining. PUBLIC HEARING - to consider an amendment to Title 19 (The Pub Hrg Zoning Chapter) of the Municipal Code relating to revised revised stnds standards for residential driveways. Code Amendment No. for driveways 167. Code Amend 16 The Mayor declared the Hearing open. The City Clerk read Hrg open the affidavit of proof of publication of notice of said hearing published in the San Gabriel Valley Tribune on March 9, 1990. Testimony was given by Community Development Director Testimony Bruckner advising that the amendment is intended to Bruckner reinforce the City's existing policy on allowing one ,driveway approach per residential parcel. Testimony from the public was solicited, but none received. No oth Test. Moved by Councilman Naranjo, seconded by Councilman Latta Hrg closed and unanimously carried by roll call to close the hearing. Moved by Councilman Naranjo, seconded by Councilman Stemrich Code Amend and unanimously carried by roll call to approve Code appvd Amendment, further directing the City Attorney to prepare the necessary documents. PUBLIC NUISANCE APPEAL - of Mr. Crisostomo M. Flores, of Pub Nuis Appl Incomvest Properties, for property declared a nuisance at C. Flores 600 N. Cerritos Avenue, Case #89 -2339 -AC. Due to the fact that appellant withdrew his appeal, it was Appeal with - moved by Councilman Naranjo, seconded by Councilman Latta drawn by app and unanimously carried by roll call to accept said withdrawal. The Parks and Recreation Commission has requested Council to adopt Resolution in support of the 1990 Alcohol Tax Initiative. Councilwoman Avila then offered a resolution entitled: ,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA SUPPORTING THE 1990 ALCOHOL TAX INITIATIVE Moved by Councilwoman Avila, seconded by Councilman Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote, to wit: ' AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 03/19/90 PAGE FIVE Support for 1990 Alcohol Tax Init. Res. #8827 supporting Alcohol Initiative Moved by Councilman Latta, seconded by Councilwoman Avila Intrview apps and unanimously carried by roll call to interview applicants fr Comms on for the Library Commission and the Cultural and Historical 4/16 @ 6:30PM Landmark Commission at 6:30 P.M., in the Senior Center, on April 16, 1990. SPECIAL CALL ITEMS Spec Call Ms. Xenia Stavrinides addressed Agenda item dealing with a Comments X. run-off election in case of a tie vote. She had some Stavrinides questions which were answered by staff. run-off elec- tion " Councilman Naranjo then offered the resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, Res. #8823 CALIFORNIA, PROVIDING FOR THE CONDUCT OF A SPECIAL RUNOFF Special run - ELECTION FOR ELECTIVE OFFICES IN THE EVENT OF A TIE VOTE AT off election ANY MUNICIPAL ELECTION. for tie votes Moved by Councilman Naranjo, seconded by Councilman Latta to waive further reading and adopt. Resolution passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mr. Ronald Legault addressed Agenda item dealing with the change order for the reservoir project. He had some questions which were answered by staff. It was then moved by Councilman Naranjo, seconded by Councilman Latta and unanimously carried to approve change order for additional transmission lines and booster pump installations for the reservoir project; pursuant to "Graydon v. Pasadena Redevelopment Agency", in that a major project is underway; severe conflicts would exist between two contractors working on the site and the current contractor can do the work at the lowest price because it is on site. Funds for this work have been budgeted. A Title Report for the CoastFed CBD -1 site shows vesting of Sunset Avenue in the City of Azusa after vacation. To enable the Agency to convey fee title, the City must deed the fee title to the Agency. The Mayor questioned this item and Redevelopment Director Steel responded to his concerns. Councilman Naranjo then offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CONVEYING FEE TITLE TO A PORTION OF SUNSET AVENUE TO THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Moved by Councilman Naranjo, seconded by Councilman Latta to waive further reading and adopt. Resolution passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, NARANJO, LATTA NOES: COUNCILMEMBERS: STEMRICH, MOSES ABSENT. COUNCILMEMBERS: NONE OTHER BUSINESS/CITY COUNCIL Comments R. Legault change order reservoir Change order appvd Convey Fee title Sunset Ave. to CRA Comments Moses Res. #8824 appvng con- veyance to Agency of Sunset Ave. oth Bus/Cncl Moved by Councilman Latta, seconded by Councilman Naranjo Proclo Public and unanimously carried by roll call to approve the Health Week preparation of a Proclamation in honor of Public Health Week, April 2 - 7, 1990. 03/19/90 PAGE SIX Discussion was held regarding bicycle vendors soliciting Discussion funds from shoppers at various shopping centers for bicycle ven- washing car windows, etc. The matter was referred to the dors Police Department. Discussion was held regarding underground utilities and Utilities Director Hsu answered questions posed by the Council. Discussion was held regarding possible grants for rubber matting at railroad crossings. This matter was referred to staff for investigation. Moved by Councilman Stemrich, seconded by Councilman Naranjo and unanimously carried by roll call that developers of City projects wishing to use the City Seal Logo for promotional purposes contact the City Administrator who will have authority to approve request if found appropriate. Discussion underground utilities Grants for railroad Xing impvmnts Dvlprs to use City Logo if appvd by C.A. Councilman Stemrich discussed safety factors of helicopters Safety fctrs and advised that he had received a copy of an article of helicop- appearing in a Napa newspaper wherein a helicopter pilot ters spraying malathion in that area had been involved in an accident. City Attorney then apprised Council and residents in Status rpt attendance of the status of recent court cases the City was malthion involved in relating to the malathion issue. suits Councilman Naranjo read a letter from Sara Flores who is Letter re: seeking election in the First Supervisorial District in Los Sara Flores Angeles County. fr Bd of Supv THE REDEVELOPMENT AGENCY CONVENED JOINTLY WITH THE CITY CRA convnd COUNCIL AT 9:49 P.M. w/Cncl Councilman/Director Naranjo offered a resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8828 AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Closed Sess THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON MARCH 19, 1990, PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Moved by Councilman/Director Naranjo, 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: 9:50 P.M. Recess to Closed Sess THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED AT Reconvened 10:35 P.M. IMoved by Director Naranjo, seconded by Director Stemrich and Negotiation unanimously carried by roll call to accept the confiden- stlment appvd tial appraisal report presented in Closed Session relating 612 N. San to property at 612 N. San Gabriel Avenue, and direct staff Gabriel to make the appropriate offer, and if accepted, approve the conveyance of the property to the Agency. 03/19/90 PAGE SEVEN Moved by Councilman/Director Stemrich, seconded by Adjourn to Mayor/Chairman Moses and unanimously carried to adjourn the 7PM 4/2/90 meeting to Monday, April 2, 1990, at 7:00 P.M. TIME OF ADJOURNMENT: 10:38 P.M. 1 NEXT RESOLUTION NO. 8829 NEXT ORDINANCE NO. 2443 03/19/90 v PAGE EIGHT