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HomeMy WebLinkAboutMinutes - July 1, 1991 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 1, 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 Finance Director Geoff Craig of the City of Azusa. ROLL CALL PRESENT: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT City Attorney Thorson, City Administrator Caswell, Assistant City Administrator Garcia, Police Chief Nelson, Director of Finance Craig, Utilities Director Hsu, Director of Community Development Bruckner, City Librarian Alaniz, Superintendent of Public Works Pedroza, Redevelopment Director Steel, City Clerk Solis, Deputy City Clerk Toscano. CEREMONIAL The meeting was dedicated to the Honor and Memory of Reverend Ben Paroulek. The entire Council presented a Proclamation to Florence Williams in honor of her retirement and forty-eight years of service as a teacher in Azusa. PUBLIC PARTICIPATION Mr. Art Morales addressed Council requesting that children in Azusa be allowed to swim free at Slauson Pool. He stated that attendance at the pool is way down because children cannot afford to pay the fifty cent fee. Discussion was held on the pros and cons of free swimming. The Council questioned the amount of pool revenue and suggested that perhaps children could save aluminum cans to raise maoney to pay the entrance fee. Further there were concerns regarding outsiders attending the pool if there is no fee. It was then moved by Councilman Naranjo, seconded by Mayor Moses and unanimously carried by roll call to refer this matter to Staff to research the promotion fund. Invocation Roll Call Also Present Ceremonial Mtg dedicat. Ben Paroulek Proc to F. Williams Pub.Prtc. A. Morales free swim Discussion Mr. Ron Legault addressed Council with complaints regarding R. Legault the services of Cencom Cable Television Company. He Cencom Cable described, in detail, several problems he has had with the Cable service. In discussing the issue of Cencom Cable it was noted that Discussion there have been several complaints with cable service Cencom Cable throughout the City. Councilman Naranjo asked the City Attorney Thorson if there was anything that could be done to assure citizens of better service. City Attorney Thorson stated that there are consumer provisions in the Cable Televison Franchise that can be enforced, and that staff is currently revising the agreement with Cable. Councilman Dangleis suggested that the main cable office located in Alhambra increase their service department. City Administrator advised that a meeting with Cencom Cable is scheduled for next week and that he would take a transcript of this section of the Council meeting for discussion. Mr. Jack Bean addressed Council stating that he is against J. Bean 'free swimming at Slauson Pool and that he feels the children free swim of Azusa will learn responsibility by having a fee to pay --for swimming. Mayor Moses recognized Assemblyman Mountjoy's aide, Pat Assemblym Meyers, and thanked her for attending the meeting. Aide recognd Ms. Diana Leja addressed Council requesting a crossing guard D. Leja at corner of Foothill Boulevard and Vernon Avenue. She crossing stated that the School District has advised parents in that guard rqst area that next September, there will be only be school bus service for grades K through 3rd. Her concerns are with the danger of children walking to Victor Hodge School having to cross Foothill and also the fact that Vernon has no sidewalks. Discussion was held regarding this item and it was consensus Discussion of Council to send a letter to the School District advising them of the conditions of Foothill Boulevard and Vernon Avenue. The CONSENT CALENDAR consisting of Items 1 through 20 was Cons Cal approved by motion of Councilman Dangleis, seconded by appvd, Item Councilman Narnajo and unanimously carried by roll call G-3, 7 & vote with the exception of Item G-3, G-7 & G-10 which were 10, Spec considered under the Special Call portion of the Agenda. Call 1. The Minutes of the regular meeting of June 17, 1991, Min appvd were approved as written. 2. D.W. Construction has completed the sewer mainline Notice of rehabilitation project, (90-30) to the satisfaction of Comp D.W. the City Engineer. Additional charges for the removal Construct. of existing lamphole and installation of one manhole and 46 feet of U -Liner installation was also necessary; these costs are covered under allotment for this project. The :project was accepted as complete at a cost of $41,668.40, authorization was given to execute the Notice of Completion and the City Clerk was directed to have same recorded. 3. SPECIAL CALL ITEM Spec Call 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 R. Gallego Step 4 07/01/91 M. Guadagnino PermStat/2 07/02/91 NEW APPOINTMENTS Appointments NAME/CLASSIFICATION EFFECTIVE M. Janette Padilla 07/01/91 07/01/91 PAGE TWO PROMOTIONS Promotions NAME/CLA88IFICATION EFFECTIVE No requests submitted TERMINATIONS Terminations NAME/CLA88IFICATION EFFECTIVE 14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #91-C79 REAPPOINTING ALICE WILLIAMS TO THE LIBRARY COMMISSION. A. Williams 15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #91-C80 REAPPOINTING GOLDEN C. BEAN TO THE PARKS AND RECREATION G. Bean COMMISSION. 07/01/91 PAGE THREE None to report 5. The City has no formal/informal policy concerning appropriate procedures for making determinations of disability for the purposes of disability retirement. The following resolution was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #91-C74a DELEGATING TO THE CITY ADMINISTRATOR AUTHORITY TO MAKE Disability DETERMINATIONS CONCERNING DISABILITY PURSUANT TO THE AUTHORITY OF GOVERNMENT CODE SECTION 21034 6. Pursuant to Government Code Section 825, which allows cities to indemnify employees for punitive damages, the following resolution was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #91-C75 AUTHORIZING PAYMENT OF GENERAL AND PUNITIVE DAMAGES Auth pymt ARISING OUT OF PARKA V. CITY OF AZUSA, ET AL. Parra v. Cty 7. SPECIAL CALL ITEM. Spec Call S. Pursuant to Council authorization, staff solicited informal Roy Rolland quotations for the constructions of a room addition to the Electric Meter Shop, Construct., since bid opening was held and no bids received. Only one quotation was Electric mtr received and exceeded budgeted amount. Approval was room given for a budget transfer of $14,210 from the electric retained earnings and also to authorize construction to be done by Roy Rolland Construction, in the amount of $24,210. 9. Each year the Police Department replaces a certain Purchase of number of black and white police vehicles because of high maintenance Police veh costs and loss of reliability. Formal bidding procedures were Maurice Sopp waived pursuant to the Municipal Code and authorization was given for the purchase of six 1991 Chevrolet vehicles from Maurice J. Sopp, at a cost Of $12,029 each. 10. SPECIAL CALL ITEM. Spec Call 11. A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF AZUSA Res. #91-C76 REAPPOINTING BEVERLY PIPER TO THE CULTURAL AND B. Piper HISTORICAL LANDMARK COMMISSION. 12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #91-C77 REAPPOINTING JACK E. WILLIAMS TO THE CULTURAL AND HISTORICAL LANDMARK COMMISSION. J. Williams ' 13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING CALIXTO Res. #91-C78 MUNOZ TO THE HANDICAP ACCESS C. Munoz COMMISSION. 14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #91-C79 REAPPOINTING ALICE WILLIAMS TO THE LIBRARY COMMISSION. A. Williams 15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #91-C80 REAPPOINTING GOLDEN C. BEAN TO THE PARKS AND RECREATION G. Bean COMMISSION. 07/01/91 PAGE THREE 16. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REAPPOINTING HARRY HOKE TO THE PARKS AND RECREATION COMMISSION. 17. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REAPPOINTING LURECE HUNTER TO THE PERSONNEL BOARD. 18. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REAPPOINTING MICHAEL HOLLIDAY TO THE PLANNING COMMISSION. Res. #91-C81 H. Hoke Res. #91-C82 L. Hunter Res. #91-C83 M. Holliday 19. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #91-C84 REAPPOINTING MICHAEL CASTANEDA TO THE PLANNING M. Castaneda COMMISSION. 20. 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. Nos. ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE 91-C85 & C86 FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Warrants . Moved by Councilman Alexander, seconded by Councilman Special Call Stemrich and unanimously carried by roll call to bring brt fwd forward the Special Call portion of the Agenda for discussion and action. SPECIAL CALL ITEMS Spec Call Discussion was held regarding Item G-3, request of leave Leave of without pay by Willard McMurtry, Line Mechanic Crew absence Supervisor, in the Utilities Department. W. McMurtry Councilman Stemrich addressed this item questioning whether Comments the City could provide some kind of financial assistance to Stemrich Mr. McMurtry at this time. Director of Finance responded stating that a sick leave Comments advance could be taken and also that Mr. McMurtry will be Craig going on the long term disability program. Mr. Ron Legault suggested having a community fund drive to Comments provide financial assistance to Mr. McMurtry. R. Legault Moved by Councilman Alexander, seconded by Councilman Leave of Naranjo and unanimously.carried by roll call to approve Absence request from Mr. McMurtry for a six month leave of absence (appvd) without pay and : further that staff research the possibilities of aiding Mr. McMurtry financially. Councilman Dangleis addressed Item G-7, proposed increase of Inc Electric Electric rates stating that the Light and Water Department rates could meet its needs by the City cutting back demands discussion on it, and that he is against the increase of electric rates at this time. Councilman Alexander also expressed his opposition to Comments Electric rates increase stating that the largest amount of Alexander money that the City borrows from Light and 'Water is for developmental funds for projects such as, Casden and Krems and he is against this. Mr. Ron Legault also expressed his opposition to the Comments Electric rate increase. Legault Moved by Councilman Dangleis, seconded by Councilman Naranjo Inc Electric and unanimously carried by roll call to receive and file rates Item G-7, regarding increase of Electric rates. rec & file Mr. Ron Legault addressed Item G-10, Century Power Sale R. Legault Agreement asking what profit will be made by this agreement Century Pwr and also how much the City will be saving by contracting Agmt with this company. 07/01/91 PAGE FOUR Director of Utilities responded that Century Power is Century Pwr selling power to the City and that by buying power from them Agmt the City is reducing the purchase from Southern California Hsu Edison Company, which is a savings to the City. 1. Moved by Councilman Naranjo, seconded by Councilman Stemrich Century Pwr and unanimously carried by roll call to approve Power Sales Agmt appvd Agreement between Century Power Corporation and the City. THE CITY COUNCIL CONVENED AS THE REDEVELOPMENT AGENCY AT Convene as 8:40 P.M. CRA THE CITY COUNCIL RECONVENED AT 8:57 P.M. THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. THE CITY DID NOT CONVENE AS THE AZUSA PUBLIC FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Councilman Dangleis offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING A LOAN FOR PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA. Moved by Councilman Dangleis, seconded by Mayor Moses to waive further reading and adopt. Resolution passed and adopted by following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALE NOES: COUNCILMEMBERS: NONE NDER, MOSES ASSENT: COUNCILMEMBERS: NONE Councilman Naranjo introduced an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTION 8.52.170 OF THE AZUSA MUNICIPAL CODE RELATING TO FEES FOR THE USE OF POLICE PERSONNEL AT LOUD OR UNRULY ASSEMBLAGES. Moved by Councilman Naranjo, seconded by Councilman Stemrich and unanimously carried by roll call to waive further reading and introduce. Reconvened Ord./Spec.Res Res. #91-C81 Auth loan mrgd redev area let rdg Ord. fees/loud or unruly assemblages Councilman Stemrich requested that a letter be sent to Stemrich Citrus Municipal Court judges inviting them to the City of reqst ltr Azusa on a Saturday night to view and witness loud and to Judges unruly assemblages. . Councilman Alexander questioned the definition of some Alexander sections of the proposed Ordinance and the City Attorney Comments advised that he is in the process of reviewing the laws on what constitutes a nuisance and what constitutes problems with parties. 'SCHEDULED ITEMS PUBLIC HEARING - on appeal of Ralph and Rosa Munoz to allow legalization of a conversion of a guest house to a second dwelling unit with reduced lot size, parking, rear yard and side yard setbacks and excess lot coverage, on the property located at 1014 North Alameda. variance V-91-2 and Precise Plan of Design P-9141. 07/01/91 PAGE FIVE Sched Items Pub Hrg Appl of V-92-2 & P-9141 Munoz The Mayor declared the Hearing open. City Clerk read the Hrg open affidavit of proof of publication of notice of said hearing published in the Azusa Herald on June 13, 1991, and also the the affidavit of proof of posting of said property on June 13, 1991. Mr. Ralph Munoz property owner, addressed the Hearing Testimony stating that when he purchased the property in 1973 he R. Munoz performed all the necessary legal tasks of attaining a applicant escrow company and title search, which found nothing irregular. Further, he stated he was not aware that an agreement had been make to demolish one of the dwellings, the property was financed as two dwelling units. He also stated that he has made improvements to the property, is willing to comply with any requested modifications to keep the property as a two dwelling parcel. Councilman Stemrich stated that the real estate company Stemrich should have checked City files before finalizing the comments purchase of the property. Councilman Naranjo advised that the Real Property Records Naranjo Report law was not adopted until 1987. comments Mr. Ron Legault addressed the Hearing suggesting that if one R. Legault of the houses had a different address, then it would be comments considered legal. Further that since there have been no complaints from area residents, he is in favor of granting the requested appeal. Mr. Art Morales addressed the Hearing stating that his A. Morales feelings are neutral in this situation, but addressed the comments density of the surrounding area noting that apartments have been constructed in several areas. Further, he stated that consideration should be given to the fact that no complaints regarding the current status of the property have ever been filed. 07/01/91 PAGE SIX Community Development Director Bruckner addressed the issue stating that Testimony this is an appeal of Planning Commission decision to deny the conversion Comm Dev Dir of a guest house to a second dwelling unit -In the R -lc zone. He stated that the Planning Bruckner Commission could not make the required findings to approve the extensive list of variances that would have to be approved in order to legalize this conversion. Further, in 1956, former owner of the property built the front house and signed an agreement that they would tear down the back house once the front house was completed or convert it to a guest house. This problem came to light through the enforcement of the Rental Housing Inspection Program. He urged the Council to uphold the Planning Commission decision to deny the variance as well as the plot plan of design. Councilman Alexander asked if there are any health and safety requirements that Alexander are not being met if this property continues to.have two dwellings. comments Community Development Bruckner stated that if the appeal is granted the Bruckner property owners would have to bring the property up to code and also this would introduce comments multiple units on a lot and devalue the character of the neighborhood. He also stressed that density should be regulated within the single family zone and that if the lot were larger, such as 12,000 sq. ft. the Municipal Code does permit a second unit, but this parcel is only 7,000 sq. ft. Councilman Naranjo asked the definition of a guest house. Community Development Director responded 'diving quarters within a accessory building located Comments on the same premises of the main building for use by temporary Bruckner guests of the occupants of the premises, having no kitchen, not rented or otherwise used as a separate dwelling.', Mr. Ralph Munoz property owner, addressed the Hearing Testimony stating that when he purchased the property in 1973 he R. Munoz performed all the necessary legal tasks of attaining a applicant escrow company and title search, which found nothing irregular. Further, he stated he was not aware that an agreement had been make to demolish one of the dwellings, the property was financed as two dwelling units. He also stated that he has made improvements to the property, is willing to comply with any requested modifications to keep the property as a two dwelling parcel. Councilman Stemrich stated that the real estate company Stemrich should have checked City files before finalizing the comments purchase of the property. Councilman Naranjo advised that the Real Property Records Naranjo Report law was not adopted until 1987. comments Mr. Ron Legault addressed the Hearing suggesting that if one R. Legault of the houses had a different address, then it would be comments considered legal. Further that since there have been no complaints from area residents, he is in favor of granting the requested appeal. Mr. Art Morales addressed the Hearing stating that his A. Morales feelings are neutral in this situation, but addressed the comments density of the surrounding area noting that apartments have been constructed in several areas. Further, he stated that consideration should be given to the fact that no complaints regarding the current status of the property have ever been filed. 07/01/91 PAGE SIX Moved by Councilman Naranjo, seconded by Mayor Moses and Hrg clsd unanimously carried by roll call to close the Hearing. Moved by Councilman Naranjo, seconded by Mayor Moses and Appeal unanimously carried by roll call to grant the appeal, granted further directing the City Attorney to prepare the necessary documents. Councilman Naranjo and Councilman Dangleis left the Council Conflict table due to a conflict of interest on the following item. Dangleis/ Naranjo The City of Azusa is a participant in the Community Development Block Grant Program. There are unallocated CDBG and program income funds available for qualified projects. Proposed usage of these funds were approved by adopting the following resolution: Mayor Moses offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #91-C88 ADOPTING THE PROPOSED CHANGE TO THE STATEMEN-T OF COMMUNITY CDBG Funds DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS FOR FISCAL YEAR 1991-92. Moved by Mayor Moses, seconded by Councilman Stemrich to waive further reading. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: STEMRICH, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: DANGLEIS, NARANJO OTHER BUSINESS/CITY COUNCIL Oth Bus/Cncl Mayor Moses addressed item considering a year round swimming Ballot Mea - pool and suggested that this be placed as a ballot measure sure for yr so that the citizens of Azusa could make the decision. round pool Mr. Art Morales addressed the Council stating that he feels A. Morales that a committee should be formed to promote the subject of Comments a ballot measure for construction of a swimming pool for new pool use all -year round. Moved by Mayor Moses, seconded by Councilman Stemrich and Bonds or unanimously carried by roll call to direct staff to prepare ballot mea - an analysis regarding consideration of issuing Bonds or a sure for a ballot measure for the construction of year round new pool swimming pool, further to apprise the Parks and Recreation Analysis Commission and Azusa Unified School District of their intentions. Mayor Moses presented an update of the progress that is Rpt by Mayor being made regarding the water situation in the State of Water California. He announced that "Californians for Water", a group composed of many different organizations, will soon make a statement on a future California Water Policy. Mr. Art Morales addressed Council thanking the Mayor for A. Morales keeping the citizens of Azusa apprised of the water comments situation in the State of California. Discussion was held regarding the efflvia draining from Discussion different locations in the water channel above Pioneer Park Pioneer Pk due to cracks, worn areas and general disrepair. City Channel Administrator Caswell advised that the City is now in the complaints process of negotiating an agreement with the Committee of seven for upkeep responsibility allocation. 07/01/91 PAGE SEVEN Moved by Councilman Stemrich, seconded by Councilman Staff to Dangleis and carried by roll call to direct Staff to contact contact Lewis Homes to see if they are still interested in Lewis Homes developing the land at the Krems site, without the use of re: Krems condemnation. Councilman Alexander dissenting. Property Mr. Art Morales addressed Council stating that there will A. Morales be very positive negotiation taking place regarding the comments properties near the Krems property. THE REDEVELOPMENT AGENCY CONVENED JOINTLY WITH THE CITY CRA convnd COUNCIL AT 10:10 P.M. w/Cncl Councilman/Director Stemrich offered a resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #91-C89 AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Closed Sess THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON JULY 1, 1991. Moved by Councilman/Director Stemrich, seconded by Mayor/Chairman Moses to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council/Agency: AYES: COUNCILMEMBERS/DIRECTORS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS/DIRECTORS: NONE ABSENT: COUNCILMEMBERS/DIRECTORS: NONE TIME OF RECESS TO CLOSED SESSION: 10:11 P.M. THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED AT Reconvened 10:37 P.M. Moved by Councilman/Director Dangleis, seconded by Adjourn Councilman/Director Alexander and unanimously carried to adjourn. TIME OF ADJOURNMENT: 10:38 P.M. NEXT RESOLUTION NO. NEXT ORDINANCE NO. 91-C90 91-09 07/01/91 PAGE EIGHT