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HomeMy WebLinkAboutMinutes - May 6, 1991 - CC (2)CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MAY 6j 1991 - 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 Johnson of the Village Covenant Church. ROLL CALL PRESENT: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT City Attorney Thorson, City Administrator Caswell, Director of Finance Craig, Director of Utilities Hsu, Police Chief felson, Director of Community Development Bruckner, Director f Community Services Guarrera, City Librarian Alaniz, uperintendent of Public Works Pedroza, Redevelopment irector Steel, City Engineer Abbaszadeh, Building Official Guerrero, Senior Planner Watrous, City Treasurer Talley, City Clerk Solis, Administrative Clerk Sifuentes. CEREMONIAL Call to Order Invocation Roll Call Also Present Ceremonial Councilman Dangleis presented a Proclamation to Burke Proclamation Hamilton of Murray School in honor of the school being Murray School nominated for the U.S. Department of Education Secretary's Initiative Achievement Award. The entire Council presented a Proclamation to Murray Proclamation Hirota in honor of Older Americans Week. M. Hirota Councilman Alexander presented a Proclamation to Baron de Proclamation Beer from the San Gabriel Valey Humane Society in honor of B. de Beer Be Kind to Animals Week. Bub Dunn, Golden Days Chairman, announced that the winning B. Lopez theme for Golden Days this year is "Round -up those Golden Golden Days Days", submitted by Brandie Lopez. Winning Theme PUBLIC PARTICIPATION Pub.Prtc. Mr. Rene Schweitzer of the Kiwanis Club of Azusa addressed R. Schweitzer Council and requested permission to post "drug free zone" "drug free signs at all City Parks. The Kiwanis Club would pay for the zone" signs signs, however, the City would have to supply the posts and @ Parks City forces would be needed to install them. Moved by Mayor Moses, seconded by Councilman Dangleis and Appv signs unanimously carried by roll call to approve placement of @ parks signs under the direction of the Public Works Superintendent. Mr. Art Morales addressed Council and requested an update on proposed Zacatecas Village; his questions were answered by staff. He then announced names of those individuals donating to the Christmas tree fund, reminding the residents that donations were being accepted and that in the future the other tree would have to be replaced as well. Mrs. Staci Biagini addressed the Council and advised that safety hazards exist at Paramount School; specifically a new stop sign is needed, legend painted stating "Slow, school crossing", as well as crosswalks lines. Mrs. Jenny Armas also discussed the safety hazards at the school and presented a petition signed by 81 parents and concerned residents, requesting specific items to be completed by the City. A. Morales Zacatecas village up- date & funds for XMAS tree S. Biagini traffic hzrds @ Paramount School J. Armas Paramount Schl probs Police Chief Nelson spoke to the problem, advising that the Comments street will be repaved in the near future, and that in the Chief Nelson interim selective police enforcement would be provided. Mrs. Carmen Garcia also spoke of the problems at the school C. Garcia and presented a petition signed by the school children Paramount requesting help from the City. schl probs General discussion was held regarding the issue and it was Discussion consensus that staff would reconcile problems cited. Mr. Ron Legault addressed the Council stating that he had R. Legault read where Nathan Krems intended to close the bowling alley. Krems propty He would like to see the bowling alley remain open for business and wanted Mr. Krems to clean up his property. The CONSENT CALENDAR consisting of Items 1 through 18 was Cons Cal tcote pproved by motion of Councilman Naranjo, seconded by appvd, Items ouncilman Dangleis, and unanimously carried by roll call G-8, 10, 12, with the exception of Items G-8, G-10, G-12, G-13, and 13, and 16 G-16, which were considered under the Special Call portion Spec Call of Agenda. 1. The Minutes of the regular meeting of April 15, 1991, Min appvd were approved as written. 2. Specifications for janitorial services at various City Specs for facilities for a three year period were approved and janitorial the City Clerk directed to advertise for bids. services 3. Specifications for landscape maintenance of various Specs for median islands and public facilities for a three year landscape period were approved and the City Clerk directed to maintenance advertise for bids. 4. Human Resources Action Items were approved as follows: EMPLOYEE STEP INCREASE AND PERMANENT STATUS RECOMMENDATIONS NAME STATUS None to report NEW APPOINTMENTS NAME/CLASSIFICATION H. Garcia, Assistant City Administrator 05/13/91 R. Bowcock, Water Utility Superintendent 05/08/91 05/06/91 PAGE TWO Pers Items Step inc./ perm status Appointments NAME/CLASSIFICATION EFFECTIVE None to report Promotions Terminations 7. In June, 1990, carpeting in the front lobby and Carpeting hallways of the Light and Water building was replaced. @ L&W bldg The remainder of the building requires replacement Bids waived carpeting. Formal bidding procedures were waived Nemeth Carpet pursuant to the Municipal Code and work was authorized to be done by Nemeth Carpets, Inc., in the Amount of $7,073.00. Three quotes were received. 8. SPECIAL CALL ITEM Spec Call 9. Plans and specifications for Meter Room addition in the Plans & specs Light and Water Yard Office were approved and the City Meter room Clerk directed to advertise for bids. addition 10. SPECIAL CALL ITEM Spec Call 11. Contract for sewer main line rehabilitation, Project Bid award No. 90-30, was awarded to D. W. Construction, in the Proj 90-30 amount of $36,890 and its execution authorized. Two D. W. Con - bids were received in the City Clerk's Office on April struction 30th. Insituform Southwest, apparent low bid, was declared invalid as its nu -line process does not meet specifications. 12. NAME/CLASSIFICATION EFFECTIVE Spec Call 13. None to report Spec Call 5. S. E. Clemons, Inc., was awarded the contract for the S. E. Clemons Library HVAC system. The bid was $20,000 under change order budgeted amount; therefore, a Change Order in the Lib HVAC 15. amount of $15,000 was approved for replacing air- system handler and plumbing work not originally appearing in ral contract the specifications. Cncl chambrs 6. Specifications were approved for maintenance of heating Specs for and air conditioning services at various City heating & facilities for a three year period, and the City Clerk air cond 16. directed to advertise for bids. services 7. In June, 1990, carpeting in the front lobby and Carpeting hallways of the Light and Water building was replaced. @ L&W bldg The remainder of the building requires replacement Bids waived carpeting. Formal bidding procedures were waived Nemeth Carpet pursuant to the Municipal Code and work was authorized to be done by Nemeth Carpets, Inc., in the Amount of $7,073.00. Three quotes were received. 8. SPECIAL CALL ITEM Spec Call 9. Plans and specifications for Meter Room addition in the Plans & specs Light and Water Yard Office were approved and the City Meter room Clerk directed to advertise for bids. addition 10. SPECIAL CALL ITEM Spec Call 11. Contract for sewer main line rehabilitation, Project Bid award No. 90-30, was awarded to D. W. Construction, in the Proj 90-30 amount of $36,890 and its execution authorized. Two D. W. Con - bids were received in the City Clerk's Office on April struction 30th. Insituform Southwest, apparent low bid, was declared invalid as its nu -line process does not meet specifications. 12. SPECIAL CALL ITEM Spec Call 13. SPECIAL CALL ITEM Spec Call 14. Plans and specifications were approved for Project No. Plans & specs 90-04D, Street Improvements, Phase IV, and the City Proj 90-04D Clerk directed to advertise for bids. st impvments 15. Contract was awarded to Wheeler and Wheeler Architects, Architectu- at a cost of $8,000, and its execution authorized, for ral contract the remodeling of the Council Chambers. Two conceptual Cncl chambrs designs will be provided with cost estimates and three Wheeler & dimensional perspectives; work to be accomplished in Wheeler five weeks. Five quotations were received. 16. SPECIAL CALL ITEM Spec Call 17. Three separate resolutions authorizing payment of warrants by the City were adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #s91 -C41 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE 91-C42 & 91C - FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. 43 Warrants 05/06/91 PAGE THREE 18. Request from L.A. County Fire for Proclamation in honor Proclo Fire of Fire Service Day, May 11, 1991, was approved and Svc Day staff directed to prepare same. THE CITY COUNCIL AT 8:18 P.M. THE CITY COUNCIL CONVENED AS THE REDEVELOPMENT AGENCY AT 8:20 P.M . THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. THE CITY COUNCIL DID NOT CONVENE AS THE AZUSA PUBLIC FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. Councilman Dangleis offered an Ordinance entitled: Convene as CRA Reconvened No bus IDA No bus APFA Ord./Spec.Res AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Ord. #91-04 AMENDING CHAPTER 16.38 OF THE AZUSA MUNICIPAL CODE ENTITLED Water Conser- "WATER CONSERVATION PLAN" vation Plan Moved by Councilman Dangleis, seconded by Councilman Naranjo to waive further reading and adopt. Ordinance and adopted by the following vote to wit: ,passed AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilman Alexander offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA let rdg Ord ACCEPTING THE PENAL CODE REQUIREMENTS RELATING TO THE selection & SELECTION AND TRAINING STANDARDS OF PUBLIC SAFETY trng stndrds DISPATCHERS Pol Safety dispatchers Moved by Councilman Alexander, seconded by Councilman Dangleis and unanimously carried by roll call to waive further reading and introduce the Ordinance. Councilman Dangleis offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING 1st rdg Ord SECTION 15.08.115 AND AMENDING SECTION 15.08.120 OF THE nuisance AZUSA MUNICIPAL CODE RELATING TO NUISANCE ABATEMENT COST abatement LIENS AND COLLECTIONS costs Moved by Councilman Dangleis, seconded by Councilman aranjo and unanimously carried by roll call to waive further reading and introduce the Ordinance. Discussion was held regarding the introduction of an Discussion Ordinance relating to fees for the use of police personnel Ord re: fees at loud or unruly assemblages. Questions arose about the for police legality of penalizing property owners for renters' personnel @ misconduct; that parties involved for disturbances should be unruly assem- made to pay; possibility of notifying the property owners blages after repeated offenses and also possibility of adding a 05/06/91 PAGE FOUR section to landlord's lease form to include that repeated violations of any Municipal Sections would be tantamount to eviction. It was consensus of the Council that City Attorney research Rfrd to City items discussed and present a new Ordinance for introduction Atty at the next meeting. Discussion was held regarding the introduction of the Disc Ord Ordinance relating to adoption by reference various Uniform adopting Bldg Building Laws, etc. laws Community Development Director Bruckner explained the Comments amendments that were involved and that certain code Bruckner amendments were also involved dealing with safety construction standards. He stated that this was common practice done by local agencies. He further advised that a Public Hearing relating to the matter was scheduled for June 3, 1991. Councilman Alexander then offered the Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA let rdg Ord AMENDING CHAPTER 15.04 OF THE AZUSA MUNICIPAL CODE ADOPTING adptng by BY REFERENCE THE UNIFORM BUILDING CODE, 1988 EDITION, ref Bldg UNIFORM PLUMBING CODE, 1988 EDITION, UNIFORM MECHANICAL Laws & settin CODE, 1988 EDITION, NATIONAL ELECTRICAL CODE, 1990 EDITION, Pub Hrg for UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1988 EDITION, 6/3/91 CALIFORNIA HISTORICAL BUILDING CODE - PART 8 OF TITLE 24, APPENDICES, MODIFICATIONS, AND CURRENT CALIFORNIA AMENDMENTS OF SUCH CODES Moved by Councilman Alexander, seconded by Councilman Naranjo and unanimously carried by roll call to waive further reading and introduce the Ordinance. 1The Ordinance sets a Public Hearing before Council on June 3, 1991. SCHEDULED ITEMS Sched. Items CONTINUED PUBLIC HEARING - on appeal of application of SFL Cont Pub Hrg Partners/Melad Girgis to allow operation of a mini -market as SFL/M. Girgis a drive-in business, on the property located at 702 E. C-90-23 & P- Alosta Avenue, Case No. C-90-23, P-90-263. 90-263 The Mayor declared the Hearing reopened. Director of Community Development Bruckner addressed the issue and advised that pursuant to Council direction staff prepared additional conditions of approval which address the concerns over sales of alcoholic beverages from the store. He enumerated the proposed conditions, one of which stated that gross receipts from sale of alcoholic beverages shall not exceed twenty-five percent (25%) of total sales receipts for the store in any calendar year. He, further, advised that these conditions should reduce the level of potential impacts from the sale of alcoholic beverages from the store. Hrg reopened Testimony Bruckner Melad Girgis, applicant, addressed the issue advising Testimony hat he agreed with all of the proposed conditions of M. Girgis approval. He was asked by Council if he would limit the time period for the sale of alcoholic beverages and he agreed that he would limit it to 11:00 P.M. Mrs. Ruth Shef, Administrator of the Foothill Elementary Comments R. School, addressed this issue voicing her opposition to the Shef sale of alcoholic beverages in such close proximity to the church and school. 05/06/91 PAGE FIVE Council discussion was held with the possibility of holding Discussion the decision on the market in abeyance until decision has been reached by the Alcoholic Beverage Control. Mr. David Sheff addressed the issue stating that possibly Comments the market could limit the sale of alcoholic beverages from D. Shef 7Pm to 11PM. However, realizing that the ABC controlled that part, possibly the conditional use permit could be denied based on the fact that the City is impacted with mini -markets. Mr. Art Morales advised that the City has too many mini- Comments markets at present, and too many stores selling alcohol. A. Morales Mr. Ron Legault stated that alcohol is being sold at various Comments other establishments in and around this proposed market and R. Legault that this one would not make a difference; further that the owner is willing to restrict the hours of sales. Mr. Eric Smythe, owner of the center, stated that they are Testimony trying to work with the school and that if ABC denies their E. Smythe license, then they'll just be a market. Discussion was held with applicants and Council regarding Discussion limiting the hours of alcohol sales from 7Pm to 11PM and Mr. Girgis responded that it would not be feasible; that he would limit it from 9AM to 11PM. Mr. David Sheff addressed the issue again, stating that he Comments had just made a comment about restricting hours of sale from D. Shef 7PM to 11PM; that he opposed the sale of alcohol altogether. Mr. Ted Garcia stated that the church invested funds to upgrade the property on Alosta and that the mini -market should not be approved and that alcohol should not be I allowed. Director Bruckner addressed the Council advising that the Planning Commission had approved the issue with certain conditions and that this should be taken into consideration with the proposed additional conditions before action taken. Moved by Councilman Naranjo, seconded by Councilman Dangleis and unanimously carried by roll call to close the Hearing. Moved by Councilman Naranjo, seconded by Councilman Stemrich and unanimously carried by roll call to take the matter under advisement, further directing staff to contact the Alcoholic Beverage Control requesting policy standards relating to approval of alcoholic beverage applications, specifically involving this issue. Comments T. Garcia Comments Bruckner Hrg closed Matter taken under advise- ment - comm t ABC CONTINUED PUBLIC HEARING - on appeal of application of Cont Pub Hrg George Yeh/Econolodge, to allow construction of a 31 unit P-90-267, G. motel on the property located at 444 E. Foothill Blvd., Yeh/Econolodg P-90-267. The Mayor declared the Hearing reopened. Community Development Director Bruckner addressed the issue Lotn ating that pursuant to Council direction, staff focused the public safety aspects of the proposed motel and found at the increase in traffic caused by the motel operation would not have a significant impact on the service level at that intersection. However, staff discovered that a gas station was once located at the site, and no records found relating to the removal of the gas tanks. That prior to any development occurring at the site, the tanks would have to be removed and studies made of the soil for potential contamination. He further discussed conditions that could 05/06/91 PAGE SIX Hrg reopened Testimony Bruckner be placed on the proposed development. He went on to say that there would not be adequate assurance that the motel would in the future, not be converted to apartment use. The land use problems which would be associated with the use of this property for apartment usage would create significant impacts on the surrounding residential neighborhood. He recommended that the appeal be denied and the Planning Commission's decision be upheld. Councilman Alexander questioned Mr. Bollinger's letter Comments l relating to this item dealing with racial discrimination, Alexander and asked Director Bruckner if he or his staff ever acted in any manner that would constitute discrimination, to which he responded in the negative. Mr. Bollinger, attorney for the applicant, stated that once again, staff is pre -supposing that this motel will fail; that the motel is properly zoned, that no conditional use permit or variance is required, only the approval of a precise plan of design. He questioned the moratorium ordinance relating to hotels/motels proposed later on in the Agenda and was advised that it did not relate to the issue at hand. Mr. Bollinger then went on to state, that the reason he had commented on discrimination in his letter, was that it was incumbent upon him, as a matter of law, to communicate this to the Council so it may be preserved for any legal action which might occur. He commented on the absence of records relating to the gas tank removal at the site, and questioned why no mention of this was made when in 1988, a conditional use permit was approved for that specific site. He advised that they want to conduct a business in the City and wanted to succeed. General discussion ensued. Councilman Stemrich then advised the names of all the owners of motels within the City, 'which disclosed various ethnic backgrounds. Mrs. Mary Deal addressed the issue stating her opposition to the motel due to noise for surrounding residents and traffic problems for the school children. Mr. Art Morales stated that he had spoken to all the surrounding residents and they were opposed to the motel. Testimony Atty Bollin- ger Discussion Comments M. Deal Comments A. Morales Mr. Ron Legault wondered if the national chain involved with Comments this development was affiliated with the Comfort Inn. He R. Legault viewed one in Fremont which was in deplorable condition. Mr. Art West stated that if the proposed motel will not Comments succeed, that perhaps the Council should advise the A. West applicant what will succeed at the location and have them proceed. He felt that if they wanted to invest in the property they should be allowed to do so, rather than have it stand vacant. Mr. Ray Zavala stated that he was opposed to the Comments construction of the motel. That the traffic will be R. Zavala impacted because of the many children going to St. Frances of Rome Church as well as services held at the church. LhreRobb Rose, representing the Econolodge chain, addressed Testimony - issue advising that they do not have kitchenettes in R. Rose eir motels; that they do not support long term stays, and that the demographics support the proposed motel site. Mr. Bob Schmellick of Choice Hotels International stated Testimony that there would be no impacts to traffic from their B. Schmellick lodgers; that stay at motels is low on the week -ends and that any other use at the site would create more traffic than the motel. 05/06/91 PAGE SEVEN It was then moved by Councilman Dangleis, seconded by Mayor Hrg closed Moses and unanimously carried by roll call to close the Hearing. Moved by Councilman Naranjo and seconded by Councilman Appl to be Stemrich that appeal be denied and that the Planning denied Commission's decision to deny the Precise Plan of Design be upheld, further directing the City Attorney to prepare the necessary document. Prior to taking action on the motion, Councilman Dangleis requested advice from the City Attorney, stating that based on staff recommendation, which solely addresses the possible or supposed failure of this project, were there sufficient grounds to deny. City Attorney apprised that legitimate land concerns are at issue and then related other issues of concern as listed by staff. The Mayor then called for the question. Motion was carried by roll call with Councilman Dangleis dissenting. CONTINUED ITEMS - Project acceptance for two street improvement projects. Discussion prior to action taken on motion Appl denied Cont Item Proj accptnce Moved by Councilman Stemrich, seconded by Councilman Projs 90-29 Dangleis and unanimously carried by roll call to accept &90-04C Notic projects No. 90-29 and 90-04C as complete; authorize the of Comp Mayor to execute the Notices of Completion and directing the City Clerk to have same recorded. PUBLIC HEARING - on appeal of application of Dwight Kendall Pub Hrg C -90 - permitting existing mobile home park, C-90-11 and P-90-77, 11 & P-90-77, located at 812 N. Loren Avenue. D. Kendall The Mayor declared the Hearing open. The City Clerk read Hrg opened the affidavit of proof of publication of Notice of said earing published in the Azusa Herald on April 25th and also the affidavit of proof of posting the property on April 25th, 1991. Community Development Director Bruckner addressed the issue and advised that the mobile home park is located in an industrial zone, and in order for it to be located there a conditional use permit is required. That the Planning Commission has approved the conditional use permit and the precise plan of design. Mr. Richard Vell, representing the owner, addressed this issue and requested why the Planning Commission's decision was appealed by Council. Councilman Stemrich advised that he had appealed Planning action and wanted to know if the costs for improvements to the park would be passed on to the residents at the park and was advised that in all likelihood, they would be. Testimony from the public was solicited, but none received. Testimony Bruckner Testimony R. Vell No pub tstmny Moved by Councilman Stemrich, seconded by Councilman Hrg closed Dangleis and unanimously carried by roll call to close the Hearing. Discussion was held regarding a complete inspection of the property for various shortcomings. It was then moved by Councilman Stemrich, seconded by Councilman Dangleis and unanimously carried by roll call to reopen the hearing and continue the matter until such time as a full inspection of the property could be made, with the owners of the property in attendance, and then staff's review to be discussed at the continued meeting. 05/06/91 PAGE EIGHT Discussion Hrg reopened & cont to later date Director Bruckner then gave a brief report on progress of Comments meetings with mobile home park owners and tenant Bruckner on representatives, which was enacted rather than rent mtgs w/mobile stabilization. ownrs & res. PUBLIC HEARING - on application of Owl Rock Products Co., to amend Resolution No. 8626 to grant a time extension for trucks hauling rock across the San Gabriel River to a separate processing plant, Precise Plan of Design No. P-91- 28, located at 1201 N. Todd. 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 April 25th and also the affidavit of proof of posting the property on April 18th, 1991. Director Bruckner addressed this issue stating that one of the conditions of approval of Resolution No. 8626 required that the use of a temporary haul road across the San Gabriel River cease after two years and that the roadway be revegetated. This time constraint was originally intended to allow for use of the haul road until such time as the permanent conveyor system across the river was completed. Due to the lengthy review process that was required for the conveyor system, work has not yet begun on its construction. Therefore, an amendment has been requested to extend this time period to December 31, 1991 or until the conveyor system is completed, whichever occurs sooner. Pub Hrg Owl Rock, Res. $8626 Hrg opened Testimony Bruckner Mr. Calvin B. Allen, representing Owl Rock, addressed this Testimony issue and responded to questions posed by the Council C. Allen relating to the hauling of rock and ownership of the company. �Mr. Ron Legault addressed this item and wondered if Ca1Mat Comments was part owner of owl Rock and was advised in the negative. R. Legault He also wondered if an environmental impact report had been prepared and was advised that one had been prepared when the original resolution was adopted. Director Bruckner responded to questions posed by the Council relating to the conveyor system and present haul road. Discussion was held regarding EPA lists relating to water contaminators. Mr. Legault, again, asked whether an updated EIR should accompany this request and was advised that one had been prepared. He also discussed other items of concern that he had, specifically contaminating the water. He then stated that last year a truck from Owl Rock had rolled over into the water and discussed the dangers of that occurring again. Comments Bruckner Discussion Comments R. Legault General discussion was held between Council and Mr. Legault Discussion regarding water and dust concerns raised by him, and the updated EIR was discussed at length. t r. Calvin Allen addressed the truck problem and advised Testimony hat less than 4 gallons of gas were spilled and that they C. Allen ad cleaned the area expeditiously. He further stated hat it was not a truck, but a loader, and this was the first occurrence of its kind. He further stated that he had no knowledge of rock companies being on any EPA list as contaminators. Further discussion regarding this EPA list was discussed. Moved by Councilman Dangleis, seconded by Councilman Naranjo Hrg closed and carried by roll call to close the Hearing. Mayor Moses and Councilman Alexander dissenting. 05/06/91 PAGE NINE Moved by Councilman Dangleis, seconded by Councilman Stemrich and carried by roll call to approve the amendment to Resolution No. 8626 as recommended by the Planning Commission, further directing the City Attorney to prepare the necessary documents. Mayor Moses and Councilman Alexander dissenting. It was consensus of Council to recess for approximately five minutes. TIME OF RECESS: 11:15 P.M. THE CITY COUNCIL RECONVENED AT: 11:25 P.M. Amendment appvd Cncl to reces Recess Reconvened PUBLIC HEARING - on appeal of Ed-Pac Drive -In Theatre to Pub Hrg Ed - allow operation of an existing swap meet with reduced Pac Drive-in parking and vendor stall and aisle size, C-90-21, P-90-188 Theatre C -90 - and V-90-10, for property located at 675 E. Foothill Blvd. 21 & P-90-188 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 April 18th and also the affidavit of proof of posting the property on April 18th, 1991. Councilman Alexander had some questions on the Comments constitutionality of the Ordinance in question and felt that Alexander the matter should be continued for a legal briefing to be reviewed by the City Attorney. City Attorney advised that prior to hearing staff on this Comments matter, that applicant should be heard as there were three Thorson specific issues they wished to be changed. With respect to a legal brief on the existing City Ordinance, the Council could at any time request the Ordinance to be amended if it was found to be unfair in any way. Councilman Alexander stated that because we are being Comments challenged he requested the legal brief so that if there was Alexander supporting statutes of its unconstitutionality or if found to be legal the Council could act upon the matter at hand accordingly. Director Bruckner addressed this issue advising that Ed-Pac Testimony was appealing development standards required for parking, Bruckner vendor stall sizes, aisle widths and other improvements. He stated that concerns have been raised in the past regarding effects of the swap meet spilling over onto adjacent properties. Site visits by staff during swap meet operations have shown substantial parking of vehicles on the adjacent Krems property, on other nearby parcels, and along the streets surrounding the site. Uncontrolled pedestrian traffic occurs around the swap meet across busy streets without the benefit of crosswalks. The Planning Commission was able to make findings that a swap meet could be held on the drive-in site if conducted in conformance with the City's development standards. However, they could not make the findings necessary to approve the variance in reduced parking, vendor stall size and aisle width. Therefore, the conditional use permit and precise plan of design were approved, but the variance was denied. General discussion was held by Council and Director Bruckner Discussion regarding the issue and what actually was being appealed by Ed-Pac. Since Ed-Pac was appealing conditions of the variance which was denied even though the Planning Commission approved the CUP and Precise Plan, all matters were before the Council for complete review. General discussion was held regarding this issue and other related matters. 05/06/91 PAGE TEN Mr. Jim Edwards addressed this issue stating that the swap meet has been in existence for over 24 years serving the community. He advised that he had a petition signed by over 1700 Azusa residents in support of the swap meet, which he submitted to the Council. He stated that the effect of the proposed Ordinance would put the swap meet and the drive-in theatre out of business. If he were to comply with the 500 square feet per vendor requirements and the 25 foot width aisles, then both operations would be out of business. He advised that there are a number of swap meets located in a l drive-in theatre set up who all have 400 square feet per vendor and allow the vendor to park within the vendor space. He requested consideration for the 400 square feet per vendor space and that the aisles be 17 feet in width, and perimeter aisle for emergency vehicles would be 25 feet wide. With reference to the parking he went on to state that he interpreted the Code differently than Director Bruckner. If his requests were allowed, then he could provide on the field of the drive-in property and the triangle portion outside of the premises 1362 parking spaces, if his interpretation of the Code was acceptable. He requested that the Council not put him out of business. General discussion was held with Mr. Edwards relating to the swap meet issue, plans for same and other related items. Mr. Lawrence H. Davidson, attorney for Edwards Theatres, responded to questions posed by Council relative to the plans for the swap meet. Proposed changes were planned for the present swap meet and discussion was held regarding specific items. He then went on to advise that what they were appealing, was the vendor space and aisle widths and their interpretation of the parking ordinance, which differed from the City's. He cited what other drive- in/swap meet requirements were, all of which were approximately 400 square foot vendor stalls and the 17 foot width aisles. He advised that the magnitude of the revisions required by the conditions were multi-million dollar operations and to expect a mere two years of operation is unreasonable. He further stated that one of the conditions stipulated that the granting of the conditional use permit would supercede the MOU entered into on July 18, 1983. He advised that they were not prepared to do that, because they did not want to waive their rights until the matter is settled. He then went through the findings provided by the Planning Commission with regard to the denial of the variance, and discussed them in detail and advised they caused unnecessary hardship. Testimony J. Edwards Discussion Testimony L. Davidson Discussion was held regarding the validity of the City's Discussion Ordinance and the possibility of same being challenged in court and ensuing issues relating to the issue. Senior Planner, Dan Watrous responded to questions posed by Comments Council relating to size of parking spaces and surveys of Watrous other swap meets in the area. Councilman Stemrich then presented photographs he had taken at the swap meet of some of the concessions, one which displayed a two headed baby. tr. Patricio Sanchez addressed this issue stating that usinesses are being helped by people patronizing the swap meet, and that through the swap meet, the City of Azusa is well known in the valley. Discussion was then held regarding sales tax revenue from the swap meet with Mr. Salvador Cisneros, Manager of the Swap Meet. He advised that all sellers show the Azusa address so that the City will receive its share of sales tax revenue. Comments about whether or not sellers listed actual amounts of items sold was discussed, and that some 05/06/91 PAGE ELEVEN Photos by Stemrich Comments P. Sanchez Discussion sellers do not charge sales tax, which is no gain to the City and dissuades shopping at surrounding businesses. Comments were also made regarding petition that was circulated at the swap meet. Mr. Patricio Sanchez again addressed the issue relating to Comments the size of the parking spaces at the swap meet and that as P. Sanchez long as he has been selling there, the spaces have always been adequate with no problems occurring. Mr. Julian Nieto Torrez addressed this issue in Spanish and City Clerk Solis translated for him. He stated that he has frequented the swap meet for many years and that without the swap meet thousands of people would be out of work, and that the City would lose a lot of money if it was closed down. Mr. Lawrence Davidson discussed the sales tax issue and that procedures are being scrutinized to ensure the City receives its fair share of revenues. Mr. Art Morales addressed this issue and stated that many businesses located in the City do not have enough parking and use City parking lots as well as parking on the street. Therefore, he felt the parking restrictions for the swap meet were unfair. The swap meet has performed a type of recreation for the citizens for many years and wanted it to stay. He asked the Council to work with the swap meet to come up with a solution to the problems. Mr. Ron Legault stated that Mr. Edwards has brought a lot to the community and to lose the swap meet would be a detriment to the community. Comments J. Torrez in Spanish translated by Solis Comments L. Davidson Comments A. Morales Comments R. Legault Mr. Edwards addressed the issue stating again that he was Testimony asking for a reduction in the vendor space requirement; a J. Edwards modification of the aisle width except for emergency vehicle access and elimination of the two year time period on the operation and an interpretation on the parking. Discussion was held regarding ensuring that the City Discussion receives fair share of sales tax revenues from the swap meet which is not happening at present. Also, Mr. Edwards was asked if the drive-in theatre portion of the premises was a viable business to which he responded in the affirmative. Also discussed was the blighted area near the swap meet. Discussion was held with City Attorney relating to closing Discussion the hearing or continuing same; in the event new information is brought up and needed to be addressed by the appellant. In order to ensure due process, the hearing should be continued rather than closed at this time. Since clarification of the parking ordinance as well as Hrg cont to other issues were requested, and staff directed to meet with 5/20 mtg fr Mr. Edwards to discuss pertinent issues, it was moved by frthr info Mayor Moses, seconded by Councilman Alexander and carried by & mtgs w/ roll call to continue the hearing to the May 20th meeting. Edwards & Councilmen Stemrich and Naranjo dissenting. staff 'Discussion was held regarding a date that the Council was Disc re mtg available to have a joint meeting with Planning Commission date w/Ping to discuss mutual items of interest. After discussion, it Comm was consensus of Council to meet on May 30th, at 7:00 P.M. 5/30/91 PECIAL CALL ITEMS Spec Call Mr. Art Morales discussed communication from Betty Engle Comments rescinding her request for a traffic signal at Foothill and A. Morales Dalton and thanking the Council for resolving the matter by Mrs. Engle's ltr Xing Gd 05/06/91 @ Dalton PAGE TWELVE placement of a crossing guard. He wanted to remind everyone that it was Councilman Stemrich's idea to install the crossing guard. Moved by Councilman Alexander, seconded by Councilman Comm recd Stemrich and unanimously carried by roll call to receive and & filed file communication from Mrs. Engle. Mr. Ron Legault addressed item relating to raised pavement markers and stated that his questions had been resolved by I City Engineer Abbaszadeh. Moved by Councilman Alexander, seconded by Councilman Dangleis and unanimously carried by roll call to award the contract for City wide raised pavement markers, Project No. 90-01, to J & S Sign Company, in the amount of $51,476.46, and authroize its execution. Six bids were received in the City Clerk's Office on April 9th. Since this is a federally funded project, Caltrans reviewed the bid documents and concurs with the bid award. Comments R. Legault pavmnt mrkrs Bid award Proj 90-01 J & S Sign Co. Director of Utilities Hsu responded to Ron Legault's Hsu rspnded question relating to a 108 profit for emergency repair work to R. Legault to the City's electrical system, advising that even though re: 108 pro - it was an emergency, the contractor is entitled to earn a fit for emer- fee for his services just as any other business. gency elec wr Moved by Councilman Stemrich, seconded by Mayor Moses and Emergency wor unanimously carried by roll call to approve emergency repair appvd by work as a result of the April 4th electrical system Mass. Elect. breakdown which resulted in outage to two of the eleven circuits serving the City. Emergency repair work was done by Mass. Electric in the amount of $53,625.44, including labor and materials. Mass. Electric is presently the substation expansion work. ,performing Mr. Ron Legault advised that he had pulled the Western R. Legault Disposal trash agreement because he was against it. Western agmt Councilman Dangleis then offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #91-C40 APPROVING AN AMENDMENT TO THAT CERTAIN AGREEMENT DATED JULY res. trash 1, 1968, BETWEEN THE CITY OF AZUSA AND WESTERN DISPOSAL agent COMPANY, AS AMENDED, RELATING TO THE COLLECTION OF RESIDENTIAL GARBAGE AND RUBBISH WITHIN THE CITY OF AZUSA Moved by Councilman Dangleis, seconded by Councilman Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote to wit: AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The resolution deals solely with the $1.20 increase approved by Council on March 18th. Extension of the contract has been postponed until attornies for the City and Western oncur with terminology therein. r. Art Morales addressed the reservoir design issue and Comments requested information regarding what zone it would service, A. Morales and Director of Utilities Hsu responded that it would be reservoir Foothill Blvd., east of Azusa San Gabriel Avenue. design Moved by Councilman Stemrich, seconded by Councilman Cont to K. I. Alexander and unanimously carried by roll call to approve Mullen fr the contract for reservoir design services to Kenneth I. reservoir design 05/06/91 PAGE THIRTEEN Mullen, Consulting Engineers, Inc., $132,250 and authorize its execution. were received. The proposed reservoir after it is completed; a specific site OTHER BUSINESS/CITY COUNCIL in the amount of Three quotations will serve Zone II is being negotiated. Oth Bus/Cncl Mayor Moses discussed the possibility of having a prayer Disc prayer breakfast, and City Attorney advised that some problems have bkfst arisen in other cities with a prayer breakfast and suggested that it be a unity breakfast. Moved by Mayor Moses, seconded by Councilman Stemrich and Appvl unity unanimously carried by roll call that a unity breakfast be bkfst approved, specific particulars to be considered at another time. Mayor Moses discussed the possibility of public donations for the purchase of full size replicas of the Constitution and Bill of Rights bronze plaques. Moved by Councilman Dangleis, seconded by Councilman Alexander and unanimously carried by roll call that the Mayor be authorized to solicit donations from the public for the purchase of these plaques. Moved by Councilman Stemrich, seconded by Councilman Alexander and unanimously carried by roll call to approve the purchase of a plaque for Chris Hanson who saved the life of Paul Greer. Moved by Councilman Stemrich, seconded by Councilman Alexander and unanimously carried by roll call to approve the investigation of costs involved in the installation of lights at the podium to allow Councilmembers to alert the Mayor that they wish to speak on agenda items. The installation of phones to discuss items privately with a Councilmember during the meeting was found to be a possible violation of the Brown Act. Public dona- tion fr brnz plaque repli- cas of Consti tion & Bill of Rights to be solicted by Mayor Plaque for C. Hanson Cost rpt fr lights @ Cncl table Moved by Councilman Stemrich, seconded by Mayor Moses and Reconsidera- unanimously carried by roll call that reconsideration be tion driveway given to Mr. Rudy Camacho's request relating to R. Camacho construction of a driveway at his residence. Discussion was held regarding the possibility of adopting an Urgency ordinance relating to the construction of hotels/motels in the City. Disc Urg Ord on motels/ hotels After discussing the merits of same or enacting other Code to be provisions to the Municipal Code, it was moved by Councilman amended re: Stemrich, seconded by Mayor Moses and unanimously carried no motels/ho- by roll call that the City Attorney be directed to prepare tels in C an Ordinance amending the Municipal Code disallowing Zone motel/hotel construction in the C Zone. THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 1:39 A.M. Councilman/Director Alexander offered a resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON MAY 6, 1991, PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) AND (b) 05/06/91 PAGE FOURTEEN CRA convened w/Cncl Res. #91-C44 Closed Sess Moved by Councilman/Director Alexander, 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: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS/DIRECTORS: NONE ABSENT: COUNCILMEMBERS/DIRECTORS: NONE ITIME OF RECESS TO CLOSED SESSION: 1:40 A.M. THE CITY COUNCIL AND THE 2:02 A.M. AGENCY RECONVENED AT Reconvened Moved by Councilman/Director Alexander, seconded by Adjourn Councilman/Director Stemrich and unanimously carried to adjourn. TIME OF ADJOURNMENT: 2:03 A.M. NEXT RESOLUTION NO. 91-C45 NEXT ORDINANCE NO. 91-05 05/06/91 PAGE FIFTEEN