HomeMy WebLinkAboutMinutes - July 1, 1991 - CC (2)CITY 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
Invocation
Roll Call
ALSO PRESENT 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
Ceremonial
The meeting was dedicated to the Honor and Memory of Mtg dedicat.
Reverend Ben Paroulek. Ben Paroulek
The entire Council presented a Proclamation to Florence Proc to F.
Williams in honor of her retirement and forty-eight years of Williams
service as a teacher in Azusa.
PUBLIC PARTICIPATION Pub.Prtc.
Mr. Art Morales addressed Council requesting that children A. Morales
in Azusa be allowed to swim free at Slauson Pool. free swim
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. Discussion
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.
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
Councilman Narnajo
appvd, Item
and unanimously carried by roll call
vote with the exception of Item G-3, G-7 & G-10 which
G-3, 7 &
were
considered under the special Call portion of the Agenda.
10, Spec
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
rehabilitation project, (90-30) to the satisfaction of
of
Comp D.W.
the City Engineer. Additional charges for the removal
of existing lamphole installation
Construct.
and 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
RECOMMENDATIONS
Step inc./
perm status
NAME STATUS EFFECTIVE
R. Gallego Step 4 07/01/91
M. Guadagnino PermStat/2 07/02/91
D
NEW APPOINTMENTS
Appointments
NAME/CLASSIFICATION EFFECTIVE
M. Janette Padilla
07/01/91
07/01/91 PAGE TWO
1
PROMOTIONS
NAME/CLASSIFICATION EFFECTIVE
No requests submitted
TERMINATIONS
NAME/CLASSIFICATION EFFECTIVE
None to report
S. 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
DELEGATING TO THE CITY ADMINISTRATOR AUTHORITY TO MAKE
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:
Promotions
Terminations
Res. #91-C74a
Disability
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
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
#91-C75
AUTHORIZING PAYMENT OF GENERAL AND PUNITIVE DAMAGES
ARISING OUT OF PARRA
,Res.
Auth pymt
V. CITY OF AZUSA, ET AL.
Parra v. Ct Y
7.
SPECIAL CALL ITEM.
Spec Call
8.
Pursuant to Council authorization, staff solicited
informal
Roy Rolland
quotations for the constructions of a room
addition to the Electric Meter
Construct.
Shop, since bid opening
was held and no bids received. Only one quotation
Electric mtr
was
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
number of black
Purchase of
and white police vehicles because of
high maintenance costs and loss of reliability. Formal
Police veh
bidding procedures were waived pursuant to the
Maurice Sopp
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
REAPPOINTING BEVERLY
Res. #91-C76
PIPER TO THE CULTURAL AND
HISTORICAL LANDMARK COMMISSION.
B. Piper
12.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
REAPPOINTING JACK E.
Res. #91-C77
WILLIAMS TO THE CULTURAL AND
HISTORICAL LANDMARK COMMISSION.
J. Williams
13.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
APPOINTING CALIXTO MUNOZ
Res. #91-C78
TO THE HANDICAP ACCESS
COMMISSION.
C. Munoz
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.
19. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
REAPPOINTING MICHAEL CASTANEDA TO THE PLANNING
COMMISSION.
20. Two separate resolutions authorizing payment of
warrants by the City were adopted and entitled:
Res. #91-C81
H. Hoke
Res. #91-C82
L. Hunter
Res. #91-C83
M. Holliday
Res. #91-C84
M. Castaneda
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
Moved by Councilman Alexander, seconded by Councilman
Special Call
Comments
Stemrich and unanimously carried by roll call to bring
brt fwd
of
forward the Special Call portion of the Agenda for
rates
money that the City borrows from Light and Water is
discussion and action.
regarding increase
of Electric rates.
SPECIAL CALL ITEMS
Spec Call
Ron
Discussion was held regarding Item G-3, request of leave
Leave of
R. Legault
without pay by Willard McMurtry, Line Mechanic Crew
absence
the
Supervisor, in the Utilities Department.
W. McMurtry
Electric rate increase.
Councilman Stemrich addressed this item questioning whether
Comments
Agmt
the City could provide some kind of financial assistance to
Stemrich
Legault
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.
Moved by
Councilman Alexander also expressed his opposition
to
Comments
and
Electric rates increase stating that the largest amount
of
Alexander
rates
money that the City borrows from Light and Water is
for
regarding increase
of Electric rates.
developmental funds for projects such as, Casden and Krems
Mr.
Ron
and he is against this.
G-10, Century Power Sale
R. Legault
Agreement
and also
Mr. Ron Legault also expressed his opposition to
the
Comments
with
Electric rate increase.
much the City
will be saving by contracting
Agmt
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
and also
asking what profit
how
will be made by this agreement
Century Pwr
with
this
much the City
will be saving by contracting
Agmt
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.
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 COIINCIL RECONVENED AT 8;57 P.M.
Reconvened
THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIALL
DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE
TRANSACTED.
THE CITY DID NOT CONVENE AS THE AZUSA PUBLIC FINANCING
AUTHOR TY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED.
ORDINANCES SPECIAL RESOLUTION8
Ord./Spec.Res
Councilman Dangleis offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #91-C8y
AUTHORIZING A LOAN FOR PURPOSES OF THE MERGED REDEVELOPMENT Auth loan
PROJECT AREA.
mrgd redev
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,
*DOES: COUNCILMEMBERS: ALEXANDER, MOSES
NONE
ABSENT: 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.
1st 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
sections of the proposed Ordinance and y Attorney Comments
Alexander
the Cit
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
i
1
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.
Community Development Director Bruckner addressed the issue
stating that this is an appeal of Planning Commission
decision to deny the conversion of a guest house to a second
dwelling unit -in the R -lc zone. He stated that the Planning
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.
Testimony
Comm Dev Dir
Bruckner
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 "living quarters
within
Comments
a accessory building located on the same premises of
the main building for
Bruckner
use by temporary 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
of the houses had a different address, then that
o
it would be commenit
ts
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 STATEMENT 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
10:37 P.M.
Reconvened
roved 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. 91-C90
NEXT ORDINANCE NO. 91-09
07/01/91 PAGE EIGHT