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HomeMy WebLinkAboutMinutes - June 3, 1991 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING JUNE 3, 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 Call to Order salute to the Flag. INVOCATION was given by Geoff Craig, Director of Finance, Invocation City of Azusa. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT Also Present Acting City Attorney Wadden, City Administrator Caswell, Assistant City Administrator Garcia, Director of Finance ,Craig, Director of Utilities Hsu, Police Chief Nelson, Director of Community Development Bruckner, Recreation Supervisor Noriega, City Librarian Alaniz, Superintendent of Public Works Pedroza, Redevelopment Director Steel, City Engineer Abbaszadeh, Building Official Guerrero, City Treasurer Talley, City Clerk Solis, Administrative Clerk Sifuentes. \ MAMMUB.LAL Ceremonial Councilman Naranjo presented a Certificate of Crtfct of Beautification to Mr. Richard Tsang for property located at Beautfctn 160-190 W. Sierra Madre. R. Tsang PUBLIC PARTICIPATION Pub.Prtc. Mr. Roy Fairfield of the VFW addressed Council requesting R. Fairfield that consideration be given to use the services of a police req police officer and police vehicle at the VFW parking lot on Svcs Saturday, August 17th, for their 12 hour marathon bingo game. They are willing to pay for this service. Chief of Police Nelson advised that the Police Department Comments does not normally provide such services. That, if an Nelson officer were to be available for that 12 hour period, that there would be a charge of $35.00 per hour. That he could not just park a police vehicle in the lot or in front of the VGW hall unattended; as the vehicles are equipped with expensive radios, shotguns, etc. He did state that he would be wi�kliing:to have extra patrol on that date and to assist the VFW in`any manner if any problems occurred. After detailed discussions regarding allowing the use of Discussion poltice services for private enterprise, which could constitute a gift of public funds; and availability of an Off icer andk•vehicle, even if the VFW paid for this service, it was moved by Councilman Stemrich, seconded by Mayor Moses X-tra patrol and unanimoualy carried by roll call that the Police @ VFW Department provide extra patrol at the VFW on the date specified. Moved by Councilman Dangleis, seconded by Mayor Moses and Item N -2a unanimously carried by roll call that Item N -2a be brought brt frwrd forward at this time. Councilman Stemrich advised that he had received complaints Resident from residents at Sylvan Villa Mobile Home Park that sewage complaints was backing up on the streets of the park. Sylvan Villa He then made the motion that he and the Mayor, as well as members of various departments involved with Public Health and Safety conduct a walk-through Sylvan Villa for alleged violations that may be present; further that a staff report on the conditions there be provided. Motion was seconded by Councilman Naranjo and unanimously carried by roll call vote. Councilman Naranjo requested that staff advise response time of the Fire Department at a fire at the mobile home park on Gladstone Street. He also requested that the names of the individuals who used regular garden hoses in attempt to put the fire out, while waiting for the Fire Department, be confirmed in order that they receive some sort of commendation for their efforts. It was consensus of Council that this be accomplished. Mr. Les Bittenson, Vice President of the Azusa Land Reclamation, presented an update on the reclamation plant as it stands now and what can be expected in the future. He also advised the progress of their application for a SMRF, ,which is the San Gabriel Valley Integrated Material Recovery System. The total concept of a SMRF is material handling, material recovery that is tied into rail disposal with recycling and composting. He advised that the City has lost much revenue with the partial closure of the landfill, and that with a SMRF 100 jobs would be made availabe and the City would generate revenues from the system. That whether or not the landfill is given permission to expand by the state, they will build the SMRF, at no cost to the City. He asked that the Council support expediting the EIR by the state, expedite support of the Eagle Mountain project and expedite any permits that will be required by the City. Walk-thru of Sylvan Villa Fire Dept response time @ mobile pk fire & commnd neighbors fr aiding FD L. Bittenson update on land recla- mation & MRF Lengthy discussion was held regarding the concept and Discussion possibility of condemnation of the landfill in order that the City build its own MRF; expansion of the landfill; contamination of the water; legalities and liabilities involved and time frame for the actual building of the MRF. It was moved by Mayor Moses, seconded by Councilman Condemnation Alexander that the City Attorney report on the feasibility of land re - of the City condemning the landfill in order that the City clamation rpt acquire the property for its own MRF station by the sale of (motion only) bonds for that purpose. Before action was taken, extensive discussion was held Discussion relating to condemnation, and if a City could take property away from a developer who is contemplating putting in the same use that the City is and how that could be accomplished legally. Director of Finance Craig then responded to questions of the Comments Council relating to revenues that have been lost by the Craig closure of the landfill. Further discussion ensued regarding the City building their Discussion own MRF and the merits of that concept; condemnation 06/03/91 PAGE TWO proceedings of the landfill; that the landfill was not really desirous of building a MRF, that they only wanted the landfill expansion. Mr. Ronald Legault addressed this issue and advised that the Comments City should become a partner with BFI in this venture, then R. Legault the City would have control. He discussed the water shortages; water contamination; traffic problems; height of proposed liner for the landfill and possible suits because of the water clean up process. ImadeDiscussion ensued with Mr. Legault regarding comments he Discussion and he went on state that BFI in asking the City's support wanted to "push this through", and asked the Council to be cautious in their support. The Mayor then called for the question regarding his motion Action on to have the City Attorney look into condemnation proceedings condemning of the landfill. Motion failed; Councilmen Dangleis, landfill Stemrich and Naranjo dissenting. (failed) Councilman Stemrich then made a motion that the Mayor Mayor con - contact surrounding cities to request that they build a MRF tact cities station in their respective cities. Motion died for the to bld MRF lack of a second. (died) It was then moved by Councilman Dangleis, seconded by Cncl supprt Councilman Naranjo and carried by roll call that staff be of expeditng directed to create correspondence to the State and the Water EIR process Resources Board to expedite the EIR process for the land ted wrkrs reclamation expansion and the MRF application; that we support the Eagle Mountain project's EIR which will be announced next month and that staff prudently expedite permits for the MRF station once the application has been Discussion filed to create same. Mayor Moses and Councilman Alexander ' dissenting. Mr. Ronald Legault advised that students are passing out Comments flyers at Foothill Center regarding the purchase of adult R. Legault videos and books at World Wide Video; that if one is Worldwide purchased, client receives a sexual object gratis. Also Video flyers there are flyers advertising the sale of ping gong guns & ping pong which he felt were too akin to real handguns and in the guns flyers possession of children, could cause problems. Discussion was held regarding the 'cease and desist' order Discussion against World Wide Video; however, that since they have appealed the decision, they are able to continue business as usual until the matter is resolved. Further, that the Municipal Code should be researched relating to the passing out of handbills in the City. Chief of Police Nelson addressed this issue and stated that Comments the matter of handbill distribution would be, in all Nelson probability, referred to the Business License Officer; that there are current laws regarding minors with handguns or any type of guns, that if the minors were brandishing these guns in a disorderly manner that the police department would take care of the problem; further that the sale of those particular guns was advertised by an establishment in 'Glendora and not in our jurisdiction. Mr. Don Sieger addressed the Council stating that' at the D. Sieger last meeting, much discussion was held regarding the undocumen- undocumented workers and that they needed a place to meet ted wrkrs and find employment. He felt that it was not the City's position to be an employment office and that all of these people should be removed from the City. Discussion was held relating to this issue with pros and Discussion cons from the Council and Mr. Sieger. 06/03/91 PAGE THREE Question arose relating to workers' compensation liability The Minutes of the regular meeting of May 20, 1991, of the City if we provide a trailer and space for such an undertaking, and it was referred to staff for report. Mr. Sieger then went on to advise of a complaint regarding D. Sieger soccer leagues playing at Azusa High School, every Sunday soccer games and using the area as a public restroom, defecating in the @ Az Hi Schl foliage. He was not against sports, but most sports had a complaints time duration, however, this was not the case with soccer. He spoke to a member of the High School and was advised that quotes to be these soccer players had no permit to use the site. and authorization given for staff to solicit informal Chief of Police Nelson responded to questions posed by Comments Council and stated that numerous complaints had been Nelson received as well as many citations written to some of the Contract for Project No. 90-04D, street improvements, individuals at the games. He stated that he was advised by school officials that these players did, in fact, have Proj 90-04D permits to use the premises, however, he would contact amount of $86,569.00, and its execution authorized. officials again to see if these permits were still in effect. The CONSENT CALENDAR consisting of Items 1 through 18 was Cons Cal approved by motion of Councilman Dangleis, seconded by appvd, Items Councilman Stemrich, and unanimously carried by roll call G-6 & G-10 vote with the exception of Items G-6 and G-10 which were Spec Call, considered under the Special Call portion of the Agenda and Alexander that Councilman Alexander abstained on Items G-12 and G-13. abstn 12 & 13 1. The Minutes of the regular meeting of May 20, 1991, Min appvd were approved as written. 2. Bid opening was held in the City Clerk's Office on May No bids for 28th for the construction of the electric meter shop elect meter addition. No bids were received. Formal bidding shop add'tn procedures were waived pursuant to the Municipal Code quotes to be and authorization given for staff to solicit informal solicited quotations. 3. Contract for Project No. 90-04D, street improvements, Bid award Phase IV, was awarded to Mobassaly Engineering, in the Proj 90-04D amount of $86,569.00, and its execution authorized. Mobassaly Eng Five bids were received in the City Clerk's Office on May 28th. 4. Human Resources Action Items were approved as follows: Pers Items EMPLOYEE STEP INCREASE AND PERMANENT STATUS Step inc./ RECOMMENDATIONS perm status NAME STATUS EFFECTIVE G. Dadaian PermStat/Step 2 05/19/91 A. Cawte Step 3 06/04/91 C. Fernandez PermStat 04/17/91 R. Alvarado Step 4 06/06/91 C. Davis Step 3 05/07/91 NEW APPOINTMENTS Appointments NAME/CLASSIFICATION EFFECTIVE None to report Promotions NAME/CLASSIFICATION None to report 06/03/91 PAGE FOUR i TERMINATIONS NAME/CLASSIFICATION None to report Terminations 5. Miki Construction, Inc., was awarded the contract for Bid award the construction of water main improvements, in the water main amount of $434,782.00, and its execution authorized. impvmnts Fourteen bids were received in the City Clerk's Office Miki Constr. on May 21st. 6. SPECIAL CALL ITEM 7. Metro Electric, the contractor for the Alosta/Citrus traffic signal upgrade, Project No. 90-01, was accepted as complete. The Mayor was authorized to execute the Notice of Completion and the City Clerk directed to have same recorded. Spec Call Not of Com- pletion Proj 90-01 Metro Elect. 8. Sully -Miller Company, the contractor for Project No. No of Com - 90 -04B, Alosta Avenue overlay, completed the project in pletion Proj accordance with the plans and specifications. The 90-04B Sully project was accepted as complete; the Mayor authorized Miller to execute the Notice of Completion and the City Clerk directed to have same recorded. 9. As part of a final inspection of various sewer Sewer line mainline upgrade projects, which includes flushing and flushing - video taping of the lines, proposals were solicited Roto -Rooter from several companies and three received. The work was authorized to be done by Roto -Rooter, in the amount of $7,050.00. —10. SPECIAL CALL ITEM Spec Call �11. The Finance Director has been serving as the City's ICRMA alt alternate representative to the Independent Cities rep Risk Management Authority (ICRMA) until appointment of an Assistant City Administrator. The following resolution was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #91-052 AMENDING RESOLUTION 8960 REGARDING THE APPOINTMENT OF appt reps to SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES RISK ICRMA MANAGEMENT AUTHORITY 12. As a participant in ICRMA, the City must adopt a Loss Loss Preven- Prevention Plan. Such a plan was adapted from ICRMA's tion Plan operations manual and modified to fit our needs. Input was received from all departments. In addition, this plan will be modified within the month to comply with provisions of SB 198. The Loss Prevention Plan was approved in compliance with both ICRMA requirements and interim SB 198 provisions. (Councilman Alexander abstaining) 13. The City's agreement with Carl Warren and Company for Agmt w/Carl administration of the liability insurance program will Warren expire on June 30th. To continue service without interruption, an agreement was approved for Fiscal Year 1991-92 and its execution authorized. (Councilman Alexander abstaining) 14. Contract for heating and air conditioning services at Bid award various City facilities for a three year contract, was Htng & air awarded to Argo Service Contractors, in the amount of svcs - Argo $4,380 annually, and its execution authorized. Two bids were received in the City Clerk's Office on May 28th. 06/03/91 PAGE FIVE 15. Contract was awarded to D.H. Maintenance Services for Bid Award landscape maintenance of various median islands and landscape public facilities for a three year contract, in the maint - D.H. amount of $56,400 annually, and its execution Maintenance authorized. Three bids were received in the City Clerk's Office on May 28th. 16. Contract was awarded to D.H. Maintenance Services for Bid Award janitorial services at various City facilities for a janitorial three year contract, in the amount of $35,400 annually, svcs - D.H. and its execution authorized. Four bids were received Maintenance in the City Clerk's Office on May 28th. 17. Effective July 1st, Section 11332 of the Omnibus Budget Optional Reconciliation Act of 1990 (OBRA) requires social membrship security coverage be extended to state and public to PERS fr employees who are not participating in a retirement emps wrking system. In an effort to avoid mandatory social less than 20 security coverage for hourly employees, an amendment to hrs per wk the Public Employees Retirement Systerm (PERS) which provides optional election of membership for employees who work less than 20 hours a week was presented. The first step in the process is the adoption of a resolution of intent. At the June 17th meeting, an Ordinance will be introduced for subsequent adoption on July 1st, with an Urgency Ordinance also presented at that time, so that the effective date of the amendment will be July 2nd. The following resolution was adopted: RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO Res. #91-053 CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE Intention to PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY amend contrct COUNCIL OF THE CITY OF AZUSA w/PERS 18. 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 Res. #s91-054 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE & 91C-55 FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Warrants It was consensus of Council that Item L-1, under Scheduled Item L-1 Items be brought forward at this time. brt frwrd CONTINUED PUBLIC HEARING - on appeal of Ed-Pac Drive -In Cont Pub Hrg Theatre to allow operation of an existing swap meet with Ed-Pac Drive reduced parking and vendor stall and aisle size, C-90-21, P- In Theatre 90-188 and V-90-10, for property located at 675 E. Foothill Blvd. The Mayor declared the Hearing reopened. Community Development Director Bruckner addressed this issue and stated that at the last meeting, some questions arose relative to the method used for parking requirements and that staff was directed to meet with representatives from Ed-Pac to discuss possible redevelopment/development projects. Staff was unable to meet with representatives from Ed-Pac, however did reach them by phone, this date. He then went on to apprise Council of method used for parking requirements. He further stated that his prior recommendation based on Planning Commission findings was still in effect. Hrg reopened Testimony Bruckner General discussion was held by Council and Director Bruckner Discussion regarding criteria used by other cities for.parking stalls, etc. He advised that all cities tailor their Ordinances to meet their own needs, such as Azusa has, and that no other city has an Ordinance exactly like ours. 06/03/91 PAGE SIX Director of Finance Craig then responded to questions posed Comments by Council relating to revenues generated from the Swap Meet Craig and the theatres at the Foothill Shopping Center. Lengthy discussion was held regarding the relevance of discussing the Ten-plex, when the issue is the swap meet; that redeveloping the swap meet area would not have any bearing on the issue at present; that no one is trying to close down the swap meet, just have them comply to the standards as set in our Ordinances. Councilman Alexander stated that he had wanted to revoke this Ordinance as it was unfair and drafted strictly for the swap meet and no one else. Community Development Director Bruckner advised that all cities have Ordinances relating to parking; those cities that have swap meets have Ordinances relating to that use as well, and that these regulations vary pursuant to the needs of the city; that this Ordinance deals with others uses and is not solely aimed at the swap meet. He wanted to clarify that the differences in other cities' Ordinances were just different standards. He also responded to question relating to swap meet that recently closed in the county area of Arcadia. Councilman Naranjo then stated, once again, that the Council did not intend to close down the swap meet. He advised the vendors that were in the audience, that the regulations imposed would benefit them, as they would have more space to sell and that Edwards would have to provide a parking space in addition to their vendor's space. Mr. Jim Edwards addressed the issue and expounded on the _many theatres that their family -run business has recently built and those that are going to be built in the future. That redevelopment takes time and that he would be happy to prepare a study using the Krems site and his site, however, it would take a lot more time than just a few weeks. However, with regard to the swap meet issue he advised the Council that he could not comply with the Ordinance as written, that he would have to close the swap meet if it were not modified in some way. Discussion Comments Alexander Comments Bruckner Comments Naranjo Testimony J. Edwards General discussion ensued relating to revenues generated by Discussion the swap meet and that this is the only swap meet that Edwards Theatres has and that they would like to continue its use here in Azusa, however, requested the Ordinance be modified. Mr. Lawrence H. Davidson, attorney for Edwards Theatres, responded to some of the statements made during discussion relating to no intention of putting the swap meet out of business. He differed, since the cost of complying with the Ordinance was so excessive, that it would, in effect, put the swap meet out of business. He advised that one of the conditions which stated that they must regrade the entire site, would cost 4.4 million dollars and that this did not include demolition. This was too excessive. He stated that ,other items were also too costly for compliance. Councilman Naranjo requested a short recess in order to obtain copies of the full agenda item, as Council only had the current/additional paper work. He felt that this information was necessary in order to properly assess the whole issue. TIME OF RECESS: 10:05 P.M. THE CITY COUNCIL RECONVENED AT 10:15 P.M. 06/03/91 PAGE SEVEN Testimony L. Davidson Req Recess Recessed Reconvened Mr. Davidson then continued to discuss the issue reiterating that they object to eight of the conditions as being too expensive or not feasible. He discussed the prior MOU issued in 1983 and felt that a conditional use permit should not supercede that document. He stated that staff did not investigate other swap meets with relation to size of vendor stalls or parking requirements and that the swap meet has voluntarily cut the size of their operation in half. That they want to work with the City and that the Council had the power to grant their requests within the limit of the law. 'He stated that 25 foot aisle widths were not conceivable and that limiting the variance to operate for a two year period was not in the best interests of Edwards, especially since all the upgrades would cost around $5 million. Council discussed the objectional conditions with Mr. Davidson in detail. Testimony L. Davidson The Mayor then read communication from Assistant City Comments Administrator Garcia relating to expenditures for liability Moses claims and cautioned the Council regarding same, in the event this variance was denied and Edwards sought legal action against the City. Further discussion ensued between the Council, Community Discussion Development Director Bruckner, Mr. Davidson and Mr. Edwards relating to parking requirements; assurances that vehicles would park on-site rather than off-site; vendor stall requirements; number of vendors allowed; changing the entrance to the swap meet, and the two year review of the swap meet. Councilman Naranjo stated that possibly some type of Comments compromise could be reached with Edwards. That if the Naranjo Council agreed to their conditions that the Council impose other conditions that would somehow reach a compromise situation. Councilman Dangleis stated that one of those conditions Comments could be that if the variance were approved as requested by Dangleis Edwards, that they would have a one year period in which to enter into a Disposition and Development Agreement for the redevelopment of the Krems and their site; that if not accomplished, then the variance would revert back to the conditions as recommended by the Planning Commission. Mr. Jack Bean addressed this issue stating that the variance Comments should be denied; that ultimately a redevelopment plan J. Bean should be submitted for the Krems and Edwards site. That no business wants to expend funds, consisting of lease payments, electricity, overhead, etc., to locate next to a swap meet that operates on a premium shopping day, Sunday, with an overhead of next to nothing. Mr. Art Morales addressed this issue advising that one Comments aspect had been neglected to be mentioned and that was A. Morales recreation. The swap meet is a form of recreation for most of the community. it was then moved by Councilman Naranjo, seconded by Hrg cont to Councilman Alexander and unanimously carried by roll call 7/1 mtg that staff negotiate with Edwards, after they have received staff to neg Council input, to reach a compromise on this issue, and that w/Edwards re: the hearing be continued to the first meeting in July for a compromise complete report from staff. COUNCILMAN STEMRICH WAS EXCUSED FROM THE MEETING AT 11:05 Stemrich P.M. excsd frm mtg THE CITY COUNCIL CONVENED AS THE REDEVELOPMENT AGENCY Convene as AT 11:05 P.M. CRA 06/03/91 PAGE EIGHT THE CITY COUNCIL RECONVENED AT 11:15 P.M . Reconvened THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. No bus IDA 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 Moved by Councilman Alexander, seconded by Mayor Moses and Res re: appvl carried by roll call* to continue Resolution relating to of loan frm approval of a loan from the Light Fund for the purchase of It Fund cont the Casden property to the meeting of June 17th. to 6/17 mtg Councilman Naranjo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #91-056 CERTIFYING THE NEGATIVE DECLARATION FOR CONDITIONAL USE crtfyng Neg PERMIT NO. C-90-23 AND PRECISE PLAN OF DESIGN NO. P-90-263 Dec C-90-23 FOR 792 EAST ALOSTA AVENUE P-90-263 Moved by Councilman Naranjo, seconded by Mayor Moses to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ,ABSENT: COUNCILMEMBERS: STEMRICH Councilman Dangleis offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #91-057 APPROVING CONDITIONAL USE PERMIT NO. C-90-23 AND PRECISE appng cup PLAN OF DESIGN NO. P-90-263 FOR 792 EAST ALOSTA AVENUE & precise denying pub VILLASENOR AND APPROVING AN ORDER FOR THE plan Moved by Councilman Dangleis, seconded by Councilman NORTH CERRITOS Naranjo to waive further reading and adopt. Resolution MUNICIPAL CODE passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: STEMRICH Councilman Dangleis offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #91-058 DENYING THE PUBLIC NUISANCE APPEAL OF ALBERT AND ANA denying pub VILLASENOR AND APPROVING AN ORDER FOR THE ABATEMENT OF A nuis appl PUBLIC NUISANCE FOR PROPERTY LOCATED AT 113 NORTH CERRITOS Villasenor AVENUE PURSUANT TO CHAPTER 15.08 OF THE AZUSA MUNICIPAL CODE (CASE NO. 91-425-M) ,Moved by Councilman Dangleis, seconded by Councilman Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: STEMRICH State Legislature recently passed Assembly Bill 2766, which AB 2766 imposes an additional motor vehicle registration fee of additional motor veh fees 06/03/91 PAGE NINE $2.00 effective April 1, 1991, which will increase to $4.00 in 1992. Fees generated by this legislation are to be used to reduce air pollution from mobile sources. Forty percent of the fees will be available to cities provided that an Ordinance is adopted stipulating that the City provides support of the fees; that revenues will be spent for air pollution reduction and that a trust fund will be established to deposit these fees. Mayor Moses offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, STATE 1st rdg Ord OF CALIFORNIA, AMENDING TITLE 11 OF THE AZUSA MUNICIPAL CODE Mobile Source BY ADDING CHAPTER 11.75, ENTITLED, MOBILE SOURCE AIR Air Pollution POLLUTION REDUCTION Reduction Moved by Mayor Moses, seconded by Councilman Alexander and carried by roll call* to waive further reading and introduce the Ordinance. SCHEDULED ITEMS Sched. Items CONTINUED ITEM - Action on the proposed modification of Cont Item Conditional Use permit C-412, Jess Lopez - Progressive Progressive Buddhist Association, 1830 Azusa and San Gabriel Canyon Buddhis Assn Road. CUP Community Development Director Bruckner addressed this issue Comments and stated that in April of 1990, Council deferred action on Buckner this issue, pending review by the Planning Commission of the parking plans on the site. The applicant has submitted a new layout for the parking and it was the Commission's recommendation that the conditional use permit should be modified to include the revised parking lot layout. iMr. Peter Bromley addressed this issue stating that when the Comments church first was allowed its conditional use permit it was P. Bromley for the purpose of being a meditation center. Since that time regular church services are held two or three times a week as well as bi-monthly picnics, causing problems with the parking as well as little children playing throughout the area. He objected to the church receiving a conditional use permit and that he and his neighbors purchased their homes at the location because of its rural nature and the church disturbed this rural setting. Discussion was held regarding this matter with Mr. Bromley Discussion regarding the multitude of people attending the services, for which Council stated that the number could not be limited. Community Development Director Bruckner stated that certain Comments conditions have been imposed by the Planning Commission Bruckner relating to this conditional use permit such as supervision of children, no services after 10:00 P.M., etc., however, until Council takes action, these conditions cannot be enforced. Mr. Mike Myint, Chairman of the Buddhist Temple, addressed Comments ,this item and advised that he has complied with all of Mr. M. Myint Bromley's requests, such as providing a chain like fence. He advised that pursuant to Planning Commission direction, they have submitted a preliminary plan for a parking lot, and that the church is willing to abide by all the conditions as set down. The Council then spoke to Mr. Bromley and Mr. Myint and Discussion asked if they could live with the conditions as set forth and they both agreed that they could. 06/03/91 PAGE TEN Mr. Art Morales addressed this issue, and advised that he Comments was in accord with Mr. Bromley. That perhaps more people A. Morales were attending the church than was stated by Mr. Myint. Moved by Councilman Naranjo, seconded by Councilman CUP modified Alexander and carried by roll call* to modify the w/ conds conditional use permit to add the conditions of approval as recommended by the Planning Commission, with the addition of a condition requiring parking lot improvements; further directing the City Attorney to prepare the necessary document. PUBLIC HEARING - on the adoption by reference of the 1990 Pub Hrg National Electrical Code, State Historical Building Code, adoption by Title 24, and additional modifications to the Municipal ref Bldg Laws Code. 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 San Gabriel Valley Tribune on May 13th and May 20th, 1991. Director of Community Development Bruckner advised that Testimony these are Codes that are mandated by the State to be adopted Bruckner by July of this year. Testimony was solicited from the public, but none received. No oth Tstmny Moved by Councilman Alexander, seconded by Councilman Close Hrg Naranjo and carried by roll call* to close the Hearing. Councilman Alexander offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #91-059 CERTIFYING THE NEGATIVE DECLARATION FOR ADOPTION OF UNIFORM crtfyng Neg BUILDING CODES Dec Councilman Alexander also offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 15.04 OF THE AZUSA MUNICIPAL CODE ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1988 EDITION, UNIFORM PLUMBING CODE, 1988 EDITION, UNIFORM MECHANICAL CODE, 1988 EDITION, NATIONAL ELECTRICAL CODE, 1990 EDITION, UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1988 EDITION, 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 Dangleis to waive further reading and adopt. Resolution and Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: STEMRICH Ord #91-07 adptng by ref Bldg Laws A communication was received from the Sister City Committee Sister Cty requesting funds and services from the City in order to req fr funds celebrate the 25th Anniversary of Azusa/Zacatecas Sister for 25th City Program. Anniversary Discussion was held regarding this issue and that funds have Discussion not been budgeted and we do have budget constraints; that a budget transfer could be made using the Mayor's and Councilman Alexander's allocation for conferences; that it should be referred to budget sessions; further that the Sister City Committee still owes the City funds for various functions that they have held in the past and that this is an important function as it is the 25th Anniversary. 06/03/91 PAGE ELEVEN It was moved by Councilman Alexander, seconded by Mayor Cont to 6/17 Moses and carried by roll call to continue request from the mtg Sister City Committee until the next meeting so that funding source can be established as well'as funds owed to the City by that Committee are reconciled. SPECIAL CALL ITEMS Spec Call �In January of 1991, the City conveyed property located on Easement to the northeast corner of San Gabriel Canyon Rd. and Azusa -San Cnyn Water & Gabriel Canyon Rd. to Canyon Water and Development Devlpmnt Corporation. A one hundred foot roadway easement runs across the property which will interfere with future construction of any permanent structures, and is no longer needed by the City. A quitclaim deed has been prepared for the release of the easement to Canyon Water and Development. Mr. Art Morales requested information on the Canyon Water Comments and Development and was advised that it was the Azusa Valley A. Morales Water Company. It was then moved by Councilman Dangleis, seconded by Easmnt appvd Councilman Alexander and carried by roll call* to approve the quitclaim deed, authorize its execution and direct the City Clerk to have same recorded. The Slauson Park swimming pool has served the community well for many years. For the past several years the pool has had major repairs and again needs patching and painting before the tank can be filled and made ready for use. Costs were estimated at $4,800. A budget transfer in the amount of $4,800 will be needed for the necessary repairs, and since this will only serve as a "band-aid" approach, the future direction of the pool should be discussed at budget session for either complete restoration or the construction of a new pool. Mr. Ronald Legault addressed this item and wondered if donations could be solicited from the public, using the thermometer in front of City Hall, for these needed repairs. Mr. Art Morales addressed this approach and stated that he thought more money than that was needed for the pool. His main concern was that funds would be provided for the Azusa children to swim free. He advised that last year donations were made for this purpose. He then stated that fund raising events should be held to build a new in -door swimming pool to be used the entire year. It was ascertained that the budget transfer would be from the community promotion fund. Moved by Councilman Dangleis, seconded by Mayor Moses and carried by roll call* to approve the budget transfer as stated and to refer specific matters relating to a new pool or refurbishment to budget sessions. 'OTHER BUSINESS/CITY COUNCIL Slauson Pk swimming pool probs Comments R. Legault Comments A. Morales Bdgt transfr frm Comm pro- mo fund to repair pool & future of pool discsd @ bdgt sess Oth Bus/Cncl Moved by Mayor Moses, seconded by Councilman Alexander and Proclo fr carried by roll call that a Proclamation be prepared Gulf War Vets honoring the Gulf War Veterans to be presented on July 13th at the Santa Fe Dam celebration. The Mayor advised that all veterans would be honored that day and the public was welcome. 06/03/91 PAGE TWELVE 1 Moved by Councilman Alexander, seconded by Councilman Adjourn Dangleis and carried* to adjourn. TIME OF ADJOURNMENTS 11:58 P.M. CITN CLERK U NEXT RESOLUTION NO. 91-C60 NEXT NO. 91-08 * Indicates Councilman Stemrich absent 06/03/91 PAGE THIRTEEN