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HomeMy WebLinkAboutMinutes - August 19, 1991 - CC (2)CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING AUGUST 19, 1991 - 7:30 P.M. IThe 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 Geoff Craig, Director of Finance, of the City of Azusa, as Pastor Flores was not in attendance. 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, Director of Community Development Bruckner, Director of Community Services Guarrera, Utilities Director Hsu, City Librarian Alaniz, Superintendent of Public Works Pedroza, Redevelopment Director Steel, City Clerk Clerk Solis, Administrative Clerk Sifuentes. Call to Order Invocation Roll Call Also Present Ceremonial The entire Council presented a Resolution to Connie Lara, Reso to Deputy City Clerk, commending her for her 27 years of Connie Lara service with the City, and wishing her well. She will be retiring August 30, 1991. Connie thanked the Council and advised that she would miss everyone very much. The Council then took a short recess in order that everyone Recess - cake in attendance could talk to Connie and have some cake in for C. Lara honor of her retirement. TIME OF RECESS: 7:34 P.M. THE CITY COUNCIL RECONVENED AT 7:50 P.M. Reconvened The entire Council then presented a Proclamation to Mrs. Pat Proclo to P. Jones in memory of her husband Bill Jones. Jones oved by Councilman Dangleis, seconded by Councilman Items N-1(1) aranjo and unanimously carried by roll call to bring & N -1(m) brt forward Items N-1(1) and N -1(m) at this time. frwrd The Mayor advised that Jimmy Armendariz and Juan Vasquez of Proclos fr J. the New Harvest Church were doing a good job with the youth Armendariz in the City and keeping their members from gangs and drugs & J. Vasquez and should be commended. He then made the motion that Proclamations be prepared for both of them, which was seconded by Councilman Dangleis and unanimously carried by roll call. It was also moved by Mayor Moses, seconded by Councilman New Harvest Stemrich, and unanimously carried by roll call that the New Church to use Harvest Church be allowed to use Memorial Park for one of Mem'1 Pk their functions on a date to be determined. Mr. Juan Vasquez addressed this issue stating that their organization had received permission to use the Park from the Parks and Recretation Commission, however, they were requesting that they be allowed to use sound amplification at the park, which required a waiver of the Ordinance. Moved by Mayor Moses, seconded by Councilman Alexander and unanimously carried by roll call that the New Harvest Church be allowed to use sound amplification at Memorial Park and to cease use if found to be a problem. PUBLIC PARTICIPATION Mr. Art Morales addressed Council advising them and the audience that ample donations have been received in order to purchase the bronze plaques of the Constitution and the Bill of Rights. These plaques are presently being housed in the Library Auditorium. He then stated that he had a complaint that paperwork relating to Planning Commission meeting items, specifically Flora Chem, was not available at the Library. He went on to discuss that contractors are still picking up undocumented workers at Edgewood Center. He then complained about towing companies who tow residents, vehicles and store the cars in San Dimas, causing a hardship for the people. It was then consensus of Council that Agenda Item N -2a relating to racketeering law in tenant lawsuits, be brought forward for discussion. 'Mrs. Inez Gutierrez addressed this issue stating that Nijjar Realty owns a great majority of rental units in the City and that this company is taking advantage of the City morally and financially. That residents are not safe to walk their own neighborhoods because of the drug and prostitution activity being conducted at these rental units. That she and others were tired of such activity and wanted the Council to take a firm stand on this issue. She felt that Nijjar Realty rented their units out indiscriminately without any criteria whatsoever, thus the low -class type of clientele. She stated that all citizens should be able to live in a safe community. She stated that the Police Department has been very cooperative, but that the Council needed to support the residents. Councilman Stemrich then read article that appeared in the Los Angeles Time relating to the RICO Law, which means, racketeer influenced and corrupt organizations. He stated that this ruling will give residents a legal weapon to rid their neighborhoods of such activity. He stated that he would like to look into the possibility of the City getting involved financially to bring law suits against those apartment owners having such activities. louncil discussed this issue at length and all agreed that idding the city of these problems was a major issue that eeded action. Police Chief Nelson addressed the issue lauding Mrs. Gutierrez and other citizens for coming forward and taking a stand. He advised the Council to proceed cautiously and slowly with this problem. That legally pursuing abatement was not only time consuming but took a long period of time to do so. He presented a viable alternative to the lawsuit concept and that it was problem oriented policing, in which 08/19/91 PAGE TWO Comments J. Vasquez Church to use amplification @ Pk Pub.Prtc. A. Morales various items Item N -2a brt frwd I. Gutierrez comments on drugs & pro- stitution @ apts in City Stemrich read article on RICO law Discussion Comments Nelson each department of the City, as well as County, State and Federal agencies, all work together with the Police becoming involved with local neighborhood problems. He went on to state that the Police Department cannot do this alone, that the community must get involved and call immediately when a drug deal is happening or prostitutes soliciting, and not wait for two or three days before reporting it. Immediate action is necessary. Mrs. Gutierrez stated that what the community wanted now was Comments I. a commitment from the Council that this sort of activity Gutierrez will not be tolerated. Discussion was held regarding communicating to all apartment Discussion owners that if they did not comply with weeding out the bad element, that there was a possibility that that their property would be seized; that possibly an Ordinance could be adopted that would benefit the people relating to this issue. After discussion, it was moved by Councilman Stemrich, Staff to seconded by Councilman Dangleis that City Attorney research research all steps that can be taken relating to this issue for issue & Cncl report to Council. Prior to voting on the motion, reps & COP Councilman Naranjo suggested an amendment to same by the to meet w/ addition of two members of Council and the Police Chief DA & Judges meeting with the District Attorney and Judges of both courts advising that prosecution of these cases is necessary and that the City will not tolerate any laxity. His amendment to the main motion was seconded by Councilman Dangleis. The Council then took action on the main motion and the amendment simultaneously which was unanimously carried by Flaq probs roll call. @ quarry 'PUBLIC PARTICIPATION - CONTINUED Pub Prtc Cont Mr. Ronald Legault addressed Council and thanked Connie Lara R. Legault for doing an outstanding job for the City. He stated that various there were some bums who frequented Edgewood Center that items drank beer and made lewd remarks to passers by, causing problems for Edgewood as well as the undocumented aliens. He also advised that some towing companies are picking up vehicles randomly where there are no signs posted in order to make profits. He also stated that the new owners of the rock quarry should replace the American and California Flags that are displayed as they are in poor repair. It was consensus of Council that City Administrator Flaq probs reconicle that problem with the quarry owners. @ quarry The CONSENT CALENDAR consisting of Items 1 through 13 was Cons Cal approved by motion of Councilman Dangleis, seconded by appvd, G-8, Councilman Stemrich and unanimously carried by roll call Spec Call, vote with the exception of Item G-8, which was considered G-1 Dangleis under the Special Call portion of the Agenda, and Item G-1 abstained showing Councilman Dangleis abstaining. 1. The Minutes of the regular meeting of August 5, 1991, Min appvd were approved as written. (Councilman Dangleis abstaining) 2. Resignation for purposes of retirement of Constance Retirement Lara, Assistant City Clerk, effective August 30, 1991, C. Lara was accepted. 08/19/91 PAGE THREE t 3. The City Yard facility recently experienced a hazardous waste material leak from a 55 gallon drum, which required emergency response. Formal bidding procedures were waived pursuant to the Municipal Code, due to the emergency situation, and authorization given for Containerized Chemical Disposal to dispose the waste material at a cost not to exceed $30,000. Budget transfer was also approved to cover the costs. 4. Human Resources Action Items were approved as follows: EMPLOYEE STEP INCREASE AND PERMANENT STATUS RECOMMENDATIONS NAME STATUS D. Bragg PermStat 07/23/91 P. Cloughesy Step 5 08/01/91 C. Contreras PermStat/Step 5 07/03/91 J. Crawford Step 3 08/09/91 S. Hunt Step 3 08/17/91 J. Lopez Step 3 08/21/91 J. Mahan Step 2 08/05/91 A. Petarra Step 3 08/21/91 S. Willison PermStat/5 07/03/91 M. Torres Step 3 08/14/91 NEW APPOINTMENTS NAME/CLASSIFICATION EFFECTIVE NONE TO REPORT NAMEICLASSIFICATION NONE TO REPORT TERMINATIONS NAME/CLASSIFICATION NONE TO REPORT Bids waived fr hazardous waste removl @ Cty Yard Container- ized Chem. Pers Items Step inc./ perm status Appointments Promotions Terminations 5. The Personnel Board has approved the job descriptions Job Descrip- for the Administrative Technician, Junior Accountant tions fr 3 (reclassifications of existing positions) and Grant positions Accounting Officer (new position). The following resolutions were adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-C113 ESTABLISHING A NEW CLASSIFICATION OF ADMINISTRATIVE Admin Tech TECHNICIAN AND ESTABLISHING THE SALARY THEREFOR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-C114 ESTABLISHING A NEW CLASSIFICATION OF JUNIOR ACCOUNTANT Jr. Accntnt AND ESTABLISHING THE SALARY THEREFOR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-C115 ESTABLISHING A NEW CLASSIFICATION OF GRANT ACCOUNTING Grant Acctng OFFICER AND ESTABLISHING THE SALARY THEREFOR Off 6. At the August 5th Council meeting staff was directed to Amer Disabi- provide information regarding the American Disability lity Act Act. The program's goal is to access the supplemental paratransit paratransit needs of the disabled for use countywide by network a paratransit service. By becoming a part of the Paratransit Network, the City would be eligible for up 08/19/91 PAGE FOUR to 25% additional Prop A funds. A mandated compliance plan would be submitted by the Los Angeles County Transportation Commission. City's participation in the Paratransit Network was approved and staff authorized to meet with the Network to develop a Memorandum of Understanding for full compliance with the American Disability Act requirements. 7. The Independent Cities Risk Management Authority's (ICRMA) ability to provide cost-effective coverage for its members is due in part to its size of 29 cities. The City of Fullerton has applied to become the 30th member and has been approved by the Board. The following resolution was adopted: Fullerton to join ICRMA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-C116 PROVIDING FOR THE ADMITTANCE OF THE CITY OF FULLERTON Amend ICRMA TO MEMBERSHIP IN THE INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY 8. SPECIAL CALL ITEM Spec Call 9. Pursuant to Government Code Section 825, which allows City to in - cities to indemnify employees for punitive demnify 2 damages, approval was given for indemnification for two police offs police officers involved in a liability suit, and the following resolution adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-C117 AUTHORIZING PAYMENT OF GENERAL AND PUNITIVE DAMAGES appvng indem- ARISING OUT OF GONZALES V. CITY OF AZUSA nification 10. The City Treasurer's Financial Statement showing a Cty Treas balance of $18,632,880.54, as of July 31, 1991, was Fin Stmnt received and filed. �11. Contract for the purchase of a 1991 Chevrolet S10 Bid Award extended cab pickup truck for the Light and Water MacPherson Department was awarded to MacPherson Chevrolet, in the Chev amount of $13,755.78. Budget transfer of $755.78 from the Electric Reserve was approved as funds budgeted were $13,000.00. Bid opening was held in the City Clerk's Office on August 6th, and one bid, only, was received. 12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-C118 COMMENDING CONSTANCE LARA FOR HER YEARS OF SERVICE TO Commend C. THE CITY Lara 13. Two separate resolution authorizing payment of warrants by the City were adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-C119 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE & 91-C120 FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Warrants SPECIAL CALL ITEMS Spec Call ayor Moses discussed item dealing with a leave of absence Lv of Absence or one year, without pay, for Nick Dechant. He wanted to w/out pay for now what the personal reason for this leave entailed. N. Dechant Councilman Naranjo wanted to know how the position would be Discussion filled during this leave of absence. City Administrator advised that the street sweeping would continue and that a temporary appointment would be made; further that the confidentiality of an employee requesting leave for personal reasons must be adhered to. 08/19/91 PAGE FIVE It was consensus of Council that this item be deferred to Closed Session. THE CITY COUNCIL CONVENED AS THE REDEVELOPMENT AGENCY AT 9:05 P.M. THE CITY COUNCIL AT 9:07 P.M . Dfrd to Closed Sess Convene as CRA Reconvened THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL No Bus IDA DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. THE CITY COUNCIL DID NOT CONVENE AS THE PUBLIC FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Counilman Alexander offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING ENTERING INTO OF TWO SEPARATE TRANSMISSION SERVICE CONTRACTS. Moved by Councilman Alexander, seconded by Councilman Dangleis to waive further reading and adopt. Ordinance passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilman Alexander offered an Ordinance entitled: No Bus APFA Ord./Spec.Res Ord. 91-011 Appvg two Transmission Agmts AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Ord. 91-012. AUTHORIZING THE ISSUANCE OF BONDS BY THE SOUTHERN Issuance of CALIFORNIA PUBLIC POWER AUTHORITY TO FINANCE COSTS OF THE Bonds by MEAD -PHOENIX PROJECT AND THE MEAD-ADELANTO PROJECT. SCPPA Moved by Councilman Alexander, seconded by Councilman Stemrich to waive further reading and adopt. Ordinance passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilman Stemrich offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA GRANTING THE APPEAL OF ROSENDO AND EMMA TORRES AND OVERTURNING THE JULY 9, 1991 ORDER FOR THE ABATEMENT OF PUBLIC NUISANCE BY THE COMMUNITY DEVELOPMENT DEPARTMENT FOR PROPERTY LOCATED AT 172 NORTH AZUSA AVENUE UNDER CHAPTER 15.08 OF THE AZUSA MUNICIPAL CODE (CASE NO. 91-982-M) Moved by Councilman Stemrich, seconded by Councilman Dangleis 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 Councilman Naranjo offered a Resolution entitled: 08/19/91 PAGE SIX Res. 91-C121 grntg appl Torres A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING THE PUBLIC NUISANCE APPEAL OF SYLVIA WHYTE/ROSA S. HAEFELE AND APPROVING AN ORDER FOR THE ABATEMENT OF A PUBLIC NUISANCE OF PROPERTY LOCATED AT 524-526 NORTH VIRGINIA AVENUE PURSUANT TO CHAPTER 15.08 OF THE AZUSA MUNICIPAL CODE (CASE NO. 91 -958 -AC) Moved by Councilman Naranjo, seconded by Councilman Stemrich to waive further reading and adopt. Resolution passed and adopted by the following vote, to wit: I AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilman Stemrich offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING AN AMENDMENT TO PRECISE PLAN OF DESIGN NO. P-90-257 RELATING TO THE PLACEMENT OF A TRAILER FOR RECYCLING PURPOSES LOCATED ON PROPERTY AT 150 WEST NINTH STREET Moved by Councilman Stemrich, seconded by Councilman Alexander 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 Director of Finance Craig discussed the amendment to the Municipal Code relating to the licensing of businesses and motion picture theaters according to gross receipts, establishing a procedure to regulate the sale of Christmas trees and other temporary sales, a review of license fees for motels/hotels, and a review of businesses not licensed on gross receipts. He advised that a change has been contemplated relating to small businesses with gross receipts of $0 to $4,999.00 annually; the fee would be $50.00 rather than $90.00 as presently charged. He reviewed the fees charged for motels, hotels, etc., and recommended that the fees remain as presently enacted. He recommended that motion picture theaters be taxed on a gross receipts basis as others businesses are taxed. He also recommended that tent shows, boxing and wrestling arenas be deleted from the Municipal Code. He further advised that staff is presently working on the preparation of an Ordinance relating to the sale of Christmas trees, etc., and that it would be forthcoming at the next meeting. Res. 91-C122 denying pub nus Whyte/ Haefele Res 91-C123 denying Prec Plan of Amend recycling bin Comments Craig amends to Bus Lic Ord Mr. Sanmukh Bhakta addressed the issue of motel/hotel Comments business license fees, which he stated were unjust. He felt S. Bhakta that these businesses should pay on the basis of gross receipts rather than as presently done. He also stated that reviewing fees charged by other cities was not necessary. Director of Finance Craig then advised fees charged by the Comments cities that were surveyed relating to this issue. He Craig further responded to questions regarding the Stardust Motel and the Canyon City Hotel and the pros and cons of gross receipt or the present method of taxation, and how this would effect the other motels and the revenues to the City. Moved by Mayor Moses, seconded by Councilman Stemrich and Item tabled unanimously carried by roll call to table the item. Mr. Art Morales addressed the denial of the recycling bin at A. Morales the Ranch Center. He advised that the local newspaper wrote recycling bin a very strong article on this issue without proper nespapr item investigation. 08/19/91 PAGE SEVEN The Mayor advised that Mr. Allen Matthews of All Coast Tele- A. Matthews Mangement was in the audience at this time and wished to to meet w/ address the Council on the item that appeared under Public staff Participation. Councilman Dangleis questioned the need for Mr. Matthews to make a presentation to the Council as such items should be discussed with staff rather than Counci. Mr. Matthews was advised to contact the City Administrator to discuss his proposal. SCHEDULED ITEMS CONTINUED PUBLIC HEARING - on appeal of Conditional Use Permit C-90-11 and Precise Plan of Design P-90-77, Azusa Mobile Home Park, 812 N. Loren. The Mayor declared the Hearing reopened. Community Development Director Bruckner addressed the issue stating that staff was directed to undertake inspection of the mobile home park and that the inspection was accomplished on June 5th. A number of conditions were found which needed correction such as unpermitted conversion of an office and utility room to two rental units; that an abandoned coach, accumulation of trash and cast-off items and two abandoned vehicles were at the premises; several Electrical Code violations as well as property maintenance violations were found and that coaches needed to be clearly marked with space numbers visible from driveway areas. To date, most of the items have been corrected and public nuisance abatement has been initiated and a hearing will be held on August 20, 1991 for the illegal apartments on the premises, which have been there in excess of 20 years; and the abandoned trailer. Mr. Bruckner responded to questions posed by Council relating to the apartments; whether a directory of coach numbers had been installed and possible hardship of evicting those tenants in the apartments. Councilman Stemrich advised that he had a copy of a letter that the owner sent to the tenants in the park which he felt was a form of harassment and threatening. He wanted this letter investigated. He further advised that there are grants available that the tenants of the park could purchase the park. He further stated that Mr. Naranjo knew of builders who constructed low income modular homes and hoped that this could be done at the Casden property. Sched Items Cont Pub Hrg C-90-11, P- 90-77 Azusa Mobile Hm Pk Hrg reopened Testimony Bruckner Discussion Comments Stemrich Further discussion held regarding the possibility of the Discussion City buying the park and renting the units out or having the City develop the Casden property with modular homes. Councilman Alexander inquired about the Public Nuisance Comments Hearing relating to the illegal apartments, etc., that was Alexander to be heard on the 20th of August and wondered how this effected any decision made by the Council. Community Development Director responded that the Hearing Officer would be apprised and take into consideration any Council action. Mr. Lincoln Gardner, attorney for the owner, addressed this Testimony issue stating that the location of the mobile home park is L. Gardner not the best, however, it is a well maintained park. That atty for the conditional use permit was important to his client, owners at pk however, they had concerns with potential conditions that the Council might impose as well as those conditions imposed by the Planning Commission. He stated that the apartments 08/19/91 PAGE EIGHT at the park had been there prior to the zone becoming Industrial and requested that they be allowed to remain as is. Community Development Director Bruckner advised that the Comments area had been zoned Industrial prior to 1949, but had no Bruckner record of when the mobile home park had been constsructed. Discussion between the Council and Mr. Gardner took place relative to the apartments, that there was no recreation center at the park; maintenance conditions at the park; the pass-through fees; possibility of rent control and, generally helping the tenants at the park by absorbing some costs rather than passing them on. Mr. Richard Bell, Property Manager, addressed the issue stating that long term leases have been offered to the tenants, which would secure the rent at a fixed price, however, were not taken advantage of by the tenants. That the park did not have a recreation center; that the leases they used for the tenants at Azusa Mobile Park were forms from another mobile home park they owned, which did have a recreation center. Since that time, their forms have been amended reflecting the chanage. Discussion Comments R. Bell Yolanda Trejo advised the Council that she has been working Comments with the residents of various mobile home parks in the City Y. Trejo for the past year and a half, and would defer her comments until the tenants had spoken to Council. Mr. Earl Bishop addressed the issue of the apartments at the Comments park, and advised that his step -daughter who is 18 years of E. Bishop age lives in one of the apartments and that they have completely refurbished it because they signed a five year lease. He was concerned that the City would not allow these apartments to remain intact and did not want his daughter to have to move. He stated that the apartments have been in existence for well over 30 years. He then voiced his complaint that a representative from the City asked permission to enter his daughter's apartment and felt that this was improper; that a letter should have been forwarded to her of that intent, so that he could have been present when this occurred. Heated discussion ensued with Councilman Stemrich who Discussion objected to Mr. Bishop's accusation of wrong doing by the Community Improvement Officers, who did not ask to enter the apartment. Mr. Kevin McCann, resident of the park, addressed the issue advising that management does not care about the tenants, they bully the older residents, are intimidating and only show up to collect money. He stated that he had moved in a year ago, and had been approved by management, and now, they are telling him that he is an illegal tenant and must leave; that they have harassed the woman from whom he purchased his coach and will not accept his rent money. Mr Henry James, Manager of the Park, advised the Council that Mr. McCann is an illegal tenat because he originally 'moved in with his mother to the park, which is a senior citizen park, and then subseqently advised him that she was in the hospital. He asked for documentation of this and when did not receive it, under advice of his attorney, was told not to accept his rent, to evict him, as he is an illegal tenant. Comments K. McCann Comments H. James Discussion ensued relating to documentation of this park as Discussion a senior citizen park, and staff was directed to investigate and report on it. 08/19/91 PAGE NINE Mr. Ted Dickinson, spokesperson for some of the tenants, advised that the permit should be granted. The tenants did not want the park closed, they wanted to stay there. That a recreation room is a low priority for them, however, it would be beneficial to have a resident park manager on the premises. Mr. Ron Legault addressed this issue and asked how the park could be a senior citizen park, when there was an 18 year old residing in one of the apartments and that Mr. Dickinson certainly was not a senior citizen. Attorney Gardner addressed the Council and advised that he would like to work with the Council in order to secure the conditional use permit and suggested that perhaps one of the existing apartment units could be used for a resident park manager to live on the premises. Mrs. Jewel Craven, tenant at the park, advised Council that agreements had to be signed by tenants that they would abide by rules, such as only two small pets in the home, no large dogs and that tenants could not rent their units out. She said things have changed, dogs run all over, and her neighbor rents out his mobile home and people come in and out, drinking and using foul language, scattering trash all over. Yolanda Trejo then advised the Council that she would speak on behalf of the tenants who were fearful to do so themselves. She spoke of the letter received by all tenants which was unsigned, that was very suggestive of extortion and coercion. That in essence the owner was stating that if the City placed conditions on the permit for the park, it would be necessary to pass costs on to the tenants. That these tenants cannot just move, they have to take their mobile homes with them, and most of the units are too old to be able to move. She stated that the tenants at Loren should have the basic amenities that other parks have and not have to pay for those basic rights. Camille DeMascio addressed this issue stating that she was an associate manager of GSMOL, Golden State Mobile Home Owners' League. She stated that when parks have no resident managers and the property is not maintained, the park depreciates and so do the mobile homes. The owner has no problem because his investment, the land, is intact; but the mobile home owners suffer and if parks are closed down, they lose their investment in their mobiles. Kevin McCann addressed the Council again and stated that he had moved into the park with complete verification of the management. He moved in with his mother who was ill with cancer and wanted a nice place for her to live, until she had to go into the hospital. He stated that half of the people living in the park are young. Comments T. Dickinson Comments R. Legault Comments L. Gardner Comments J. Craven Comments Y. Trejo Comments C. DeMascio Comments K. McCann Moved by Councilman Stemrich, seconded by Councilman Hrg closed Alexander and unanimously carried by roll call to close the Hearing. FIt was then moved by Councilman Stemrich, seconded by Mayor Cont for oses and unanimously carried by roll call that staff one month investigate the harassment letter to the tenants; to w/ctn staff investigate possibility of State aid for the tenants to directives purchase the mobile home park; that Councilman Naranjo explore the possibility of builders developing the Casden site with low income modular housing and that the rent stabilization report be on the next Agenda; further that Hearing be continue for one month. PUBLIC HEARING - on the re -adoption of the Community Pub Hrg. Maintenance Assessment District. Comm Maint Dist 08/19/91 PAGE TEN Due to the fact that necessary documents were not completed Reschdld to in time, the Hearing has been rescheduled for September 16, 9/16/91 1991. PUBLIC HEARING - on proposed amendment to the Municipal Pub Hrg Code, #172, amending the design review Ordinance to delete Amend #172 requirements for design review of existing buildings and Design Rev properties within a specific overlay zone. 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 August 1, 1991. Testimony was received by Community Development Director Bruckner who advised that pursuant to joint meeting between the Council and the Planning Commission, direction was given to staff that the design review Ordinance be amended to delete existing buildings from that requirement where there is no change in the use or the structures on the property. Discussion was held between the Council and Community Development Director relating to the Krems property. If the amendment as presented this evening is approved then the Krems property would not be subject to design review, unless a new development were contemplated there. Further discussion was held regarding this property and what type of use the Council thought was appropriate for the site, and whether the Council wanted it to be rehabilitated or redeveloped. Discussion also held regarding an Ordinance that would not allow shopping centers to stand vacant and the City Attorney apprised Council on the pros and cons of such legislation. Lengthy discussion was held regarding the Krems site and the use of nuisance abatement versus design review and the benefits and hardships of the design review ordinance as it presently stands. That the proposed amendment would eliminate those properties that are not contemplating a change of use from design review. Hrg opened Testimony Bruckner Discussion Ronald Legault addressed this issue and stated that Krems Comments has been a violator for many years. That his property is in R. Legault bad repair; that there is a trailer parked at the bowling alley with exposed wiring. Mr. Art Morales addressed this issue stating that the City Comments has allowed many businesses to locate within the Krems site A. Morales and feels that possibly a market might come to the Krems site. He said there are many people who would like to rent some of the buildings at Krems' property. Moved by Councilman Stemrich, seconded by Mayor Moses and Hrg closed unanimously carried by roll call to close the hearing. Moved by Councilman Stemrich, seconded by Councilman Naranjo Appv Amend and unanimously carried by roll call to approve the 4172 amendment as recommended by the Planning Commission and to direct the City Attorney to prepare the necessary document. Staff members were then advised that they were excused from the meeting if they had no other business before the Council. PUBLIC HEARING - on proposed amendment to the Municipal Code, #173, amending the West End Specific Plan which is bounded by Foothill Blvd., Todd Ave., Vernon Ave. and Eighth St., to modify the permitted uses and street improvements. The Mayor declared the Hearing opened. The City Clerk read the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on August 1, 1991. 8/19/91 PAGE ELEVEN Staff excused Pub Hrg Amend #173 West End Spec Plan Hrg opened Community Development Director Bruckner addressed the issue Testimony and advised that this amendment had been discussed at the Bruckner joint meeting of City Council and Planning Commission of May 30th. That discussion revealed that restrictions placed along Foothill Blvd, resulted in service commercial businesses having difficulty getting established within the eastern portion of the area, which was designated primarily for automotive uses. It was recommended that the Service Commercial Automotive zone be deleted and that all service commercial and automotive uses be permitted within the Service Commercial zone along the length of Foothill Blvd. Other concerns were raised relating to required improvements along Industrial Street. Testimony was solicited from the public, but none received. No Tstmny Moved by Councilman Dangleis, seconded by Councilman Hrg closed Alexander and unanimously carried by roll call to close the hearing. Moved by Councilman Naranjo, seconded by Councilman Appv Amend Alexander and unanimously carried by roll call to approve #173 the amendment as recommended by the Planning Commission and to direct the City Attoreny to prepare the necessary document. PUBLIC HEARING - on proposed amendment to the Municipal Pub Hrg Code, #174, amending driveway requirements. Amend #174 driveways 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 August 1, 1991. Community Development Director Bruckner addressed the issue Testimony stating that during that same joint meeting, discussion was Bruckner held relating to resident complaints who desired to have an additional driveway for parking of recreational vehicles or other cars or trucks were not allowed to do so, as presently dictated by the Municipal Code. As a result the Planning Commission has recommended that this requirement be deleted from the Municipal Code. Testimony was solicited from the public, but none received. No Tstmny Moved by Councilman Dangleis, seconded by Councilman Hrg closed Alexander and unanimously carried by roll call to close the Hearing. Moved by Councilman Dangleis, seconded by Councilman Naranjo Appv Amend and unanimously carried by roll call to approve the #174 amendment as recommended by the Planning Commission and to direct the City Attorney to prepare the necessary document. PUBLIC NUISANCE APPEAL - of Delbert D. West for property Pub Nuis Appl declared a nuisance located at 300 Alameda Ave., Case No. 91-079-B 91-79-B. West Mr. West has submitted a letter, this date, requesting that Appl deleted his appeal be deleted from the Agenda. appl Mr. Art Morales addressed this issue and stated that this Comments property and the adjacent one are causing many problems. He A. Morales wondered if this particular property was subject to amortization. Community Development Director Bruckner advised that the Comments owner had a conditional use permit and this action is a Bruckner follow up on the permit. That the applicant had been advised that he had ample time to complete construction. Mr. Art Morales addressed this issue again and said that the Comments building should not even be there, that it is amortized. A. Morales 08/19/91 PAGE TWELVE It was then moved by Councilman Dangleis, seconded by Councilman Stemrich and unanimously carried by roll call to. grant applicant an additional six months to complete the improvements. Notice was given that a vacancy exists in the Cultural and Historical Landmark Commission of the City of Azusa, for the term expiring June 30, 1992, due to the resignation of Tony Ramirez. Applications can be obtained from the City Administrator's Office, and all residents interested are 'urged to apply. Deadline for receipt of applications has been set for Tuesday, September 3, 1991, 5:30 P.M. Moved by Councilman Stemrich, seconded by Councilman Naranjo and unanimously carried by roll call that proper recommendation be prepared for Mr. Ramirez in appreciation for his years of service on the Commission. OTHER BUSINESS/CITY COUNCIL Allow 6 mos addt'1 time for app Vacany in Cult & Hist Lndmrk Comm T. Ramirez resigned Commendation fr T. Ramirez 0th Bus/Cncl Mayor advised that he had discussed problems with the phone Phone System system in the City and advised them of complaints from @ Cty Hall citizens, and was satisfied with the results. The Mayor stated that he would like to make sure that all Good quality new residential housing in the City be top quality and hsng in the perhaps the lot sizes could be made smaller so that more City people could afford to buy rather then rent. Mayor Moses addressed item regarding the the railroad tracks and rubbermatting same. He wanted this done throughout the City and requested staff to investigate all locations for possible clean up. Mayor Moses discussed having the tree planting prayer etched on a bronze plaque in memory of Reverend Paroulek and placed in front of the Christmas tree in front of City Hall. Since Councilman Naranjo's item was somewhat related to this same issue, it was brought forward for discussion as well. Councilman Naranjo wanted a bronze plaque in memory of Reverend Paroulek at the Christmas tree as well, and also requested that the names of all those companies and residents who donated to the Christmas tree fund be listed on the plaque. RR Xings to be studied Plaque for Rev. Paroulek & all those who donated funds for XMAS tree Moved by Mayor Moses, seconded by Councilman Alexander and Plaque appvd unanimously carried by roll call to incorporate both requests and approve. Mayor Moses stated that when the City was in the process of rezoning several areas, that the property owned by Leo Nasser known as the triangle parcel on Azusa Avenue was discussed and he felt that at that time, it was decided that this property would be zoned CF - Community Facilities. He now finds that the property is zoned as R-1 residendial and does not believe that this is the best use for the property. Mr. Leo Nasser addressed the Council and responded to ,questions posed by them. He felt that the property in question would be appropriate for a park or an information bureau of the Chamber of Commerce. Discussion was held between Mr. Nasser and the Council regarding the zoning of that property which had been zoned C-2 for 40 years. There was some confusion as to whether it was zoned R-1 or C-2 and when the rezoning of the property was made to R-1, and that Mr. Nasser be advised of that change and be given all documentation. Mr. Nasser advised that he had always intended to donate that land to the City even though he had many firm offers from prospective buyers. 08/19/91 PAGE THIRTEEN Pose rezoning of triangle propty (L. Nasser) Comments L. Nasser Discussion It was then moved by Mayor Moses, seconded by Councilman Rfrd to Alexander and unanimously carried by roll call to refer the Ping Comm matter to the Planning Commission for study and reconciliation. Moved by Mayor Moses, seconded by Councilman Stemrich and Joint cere- unanimously carried by roll call that the staff contact the mony w/CofC the Chamber of Commerce in order to coordinate a joint Sml Bus Wk ceremony in recognition of Small Business Week. The Mayor discussed the problems of weeds throughout the Weeds in City and wanted staff to vigorously pursue the problem and the City correct it. Mayor discussed dust particulates and stated that this Dust partti- is a problem and that Azusa is ranked as #8. culates Moved by Mayor Moses, seconded by Councilman Alexander and AQMD to re - unanimously carried by roll call that the AQMD be contacted locate sta- requesting that they move their station in closer to the tion nr rivr- riverbed, once the silt from the dam has settled, in order bed to monitor that area. Moved by Mayor Moses, seconded by Councilman Alexander and Mtg w/Vets unanimously carried by roll call that staff be directed to dedication contact all Veteran organizations for the purpose of a joint of Vets Pk meeting with Council in order to coordinate a proper dedication ceremony of City Park as Veterans Park. Discussion was held regarding foreign aid and foreign Foreign Aid affairs. That residents of our City and the Country need discussion aid and assistance and the government is not caring for them but giving funds for foreign aid. Moved by Mayor Moses, seconded by Councilman Alexander and Ltrs to le - carried by roll call that letters in opposition to foreign gislators aid be forwarded to all of our legislators. Councilman anti frgn aid Dangleis dissenting. support Redevelopment Director Steel responded to questions from Comments Council relating to the rehabilitation of the Centennial Stell re: Square property. He stated that financing is the problem Centennial and that the developer is optimistic that financing will be Square forthcoming shortly. Moved by Councilman Naranjo, seconded by Mayor Moses and Plaque for unanimously carried by roll call that a Plaque be prepared C. Lara for Connie Lara and presented to her at her retirement dinner. Discussion was held regarding to the length of Council Discussion meetings and that if it appeared that all business could not length of be taken care of by 11:00 PM or 11:30 PM, that meetings be Concl mtgs continued to the next evening, possibly at 6:30 PM. The possibility of holding meetings every Monday was also discussed. Mr. Ron Legault stated that perhaps the continued meetings Comments could start at 7:30 PM rather than 6:30 PM, as many people R. Legault could not make the earlier hour. 'Mr. Allen Matthews stated that possibly Council would Comments consider having their meetings on Saturdays. A. Matthews It was then moved by Councilman Naranjo, seconded by Mayor Mts to end @ Moses and unanimously carried by roll call that Council 11:30 PM & meetings conclude at the latest, at 11:30 PM and if cont to nxt unfinished business remained, to continue the meeting to day @ 7:30 PM 7:30 PM the next evening. 08/19/91 PAGE FOURTEEN Councilman Alexander removed his items from the Agenda. Alexander rmv However, he did want to announce that he had purchased a items - advsd home in Azusa, and no longer lived in the apartments on of new add Arrow Highway. He advised that his new address is 1024 West Fourth Street, same phone number. Councilman Stemrich advised that the Library had an art Art display exhibit of water colors by local artists and also artistic @ Library drawings of the City Hall. He encouraged all residents to visit the Library and see the display. THE REDEVELOPMENT AGENCY CONVENED JOINTLY WITH THE CITY CRA convnd COUNCIL AT 12:01 A.M. w/Cncl Councilman/Director Alexander offered a resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-C124 AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Closed Sess THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON AUGUST 19, 1991. 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 TIME OF RECESS TO CLOSED SESSION: 12:02 A.M. THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED AT Reconvened 1:25 A.M. Moved by Councilman Dangleis, seconded by Mayor Moses and Lv of Absnc unanimously carried by roll call to deny request of Nick w/out pay Dechant for leave of absence without pay for a one year N. Dechant period. denied Moved by Councilman/Director Alexander, seconded by Mayor/Chairman Moses and unanimously carried by roll call to adjourn. TIME OF ADJOURNMENT: 1:30 A.M. [NEXT RESOLUTION NO. 91-C125 NEXT ORDINANCE NO. 91-013 08/19/91 PAGE FIFTEEN Adjourn