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HomeMy WebLinkAboutMinutes - September 4, 1991 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 4, 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 Chaplain Azusa. ROLL CALL PRESENT: COUNCILMEMBERS: DANGLEIS, ABSENT : COUNCILMEMBERS: ALEXANDER,NONE ALSO PRESENT Gilbert Becerril of STEMRICH, NARANJO, MOSES City Attorney Thorson, City Administrator Garcia, Director of Finance Craig, Police Chief Nelson, Community Development Director CityLibrarianneAlaniz,�unSuperi tendentDioofctPPublica Works Pedroza, Building Official Guerrero, Administrative Analyst Dadaian, Utilities Director Hsu, Redevelopment Director Steel, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Toscano. CEREMONIAL NONE PUBLIC PARTICIPATION Mr. Robert Connelly addressed Council with complaints regarding Cencom Cable Television service. Mr. Otto William Hofacker Jr. addressed Council regarding his problems with Cencom Cable Television service. Mr. Ron Cotton a member of the Committee of Seven, addressed Council expressing his displeasure regarding the many problems that have been occurring with the issue of day laborers at the Edgewood Center. He stated that he feels that all involved are not participating in the responsibility of resolving this issue. Mr. Ron Legault addressed Council stating that the San Gabriel Valley Tribune is not giving City of Azusa fair coverage. Moved by Mayor Moses, seconded by Councilman Alexander and unanimously carried by roll call that item N -2c be brought forward at this time for discussion and handling. Call to order Invocation Roll Call Also Present Ceremonial Pub.Prtc. R. Connelly Cable TV o. Hofacker Cable TV R. Cotton day laborers R. Legault SGV Tribune Item N -2c, brt fwrd Mr. Louis Zamora pressing his L. his concerns regarding athe eCouncil Immigrationand eXNaturalization DayZamora Service's raid at the Edgewood Center this morning. He INS raid delivered a heartfelt message to the families that have been affected by this action. He further stated that he feels that this issue is political, that members are not working together, that the issue is being handled unprofessionally, leaks are occurring amd he is not being apprised of all the facts regarding the issue. He also stated that he contacted Congressman Marty Martinez' Office and was informed that the City of Azusa was aware of the raid by the INS. Chief of Police Nelson read into the record a letter that was written to Mr. John Brechtel, Assistant District Director of INS, by City Administrator Garcia expressing the 1 views of Council regarding the INS sweep at the Edgewood Center. The letter expressed displeasure regarding the enforcement activities based upon the fact that our local municipality has proactively been working on a solution to the day -laborer issue. Chief Nelson also stated that the Azusa Police Department took no part in the INS sweep. He also read into the record a notice that is now posted at the Edgewood Center advising that the City of Azusa does not support and objects to the actions of the INS and further is in the process of establishing a day laborer center. City Clerk Solis read into the record the same notice in Spanish. Mayor Moses and Councilman Alexander addressed the issue expressing their opinions in opposition to the actions of the INS. Mr. Kit Kjelstrom representative of the Chamber of Commerce addressed the issue, stating that the Chamber has contacted members in the Edgewood Center and discovered that they have no problems with the day laborers at the center. Further stating that the Chamber of Commerce has no position on the issue, but is willing to work and participate with the City in any way they can be of assistance. COP Nelson comments comments K. Kjelstrom comments Mr. Art Morales addressed the issue suggesting that the City A. Morales 'use the information that has been attained during the comments meeting regarding the day laborer issue and make a move towards the establishment of the center now. Councilman Naranjo responded stating the duty of gathering Naranjo data information regarding the day laborer center was comments delegated to Staff and the two concerned committees. Further, that more facts such as costs, site and general information is still needed before making a final decision. Mr. Ron Legault addressed the issue with various questions regarding the day laborer center. City Administrator responded stating that the Cities of Brea and Los Angeles currently have a day laborer program and that other cities are researching the feasibility of having a center. Further, that Staff is currently working with the committees to identify sites and that there is a need to explore more than one. He recommended that no action be taken on this issue tonight because more facts are needed and costs are not yet determined. Mrs. Susie Galletta addressed the issue stating that she is a member of CBA and has been working with Staff on a report regarding the Day Laborer Center, which is forthcoming. She thanked City staff as well as the committees who gave their time and effort towards solving the day laborer problem. She requested that Council take time and properly plan the final decision that will be made with regards to the center. R. Legault questions City Admin response S. Galletta comments day laborer Moved by Councilman Stemrich, seconded by Mayor Moses to Day Laborer direct staff to follow a parallel plan of the City of Costa Center Mesa, to finalize plans, waive formal bidding procedures to allow one full time and one part time employee to institute a day laborer center in the City. 11/04/91 PAGE TWO m Councilman Stemrich further advised that a representative of Comments the Costa Mesa center is willing.to train employees for the Stemrich day laborer center and that the Edwards Drive-in will be used as an alternate site. Heated discussion ensued between Councilman Stemrich and Discussion Councilman Naranjo. Councilman Naranjo voiced his opposition to this action stating that more facts are needed, costs are unknown and staff has not reported on the day laborer center yet. Councilman Stemrich insisted that all facts are known, that the program will cost approximately eighty thousand dollars and that action needs to be taken now. City Administrator addressed the concerns of the City Admin Councilmembers and stated that many avenues are still being comments explored regarding the day laborer center, such as, maintenance, issue of site, the lease, funding, and staffing. He further stated that he would not recommend a dollar amount at this time and would have more information and statistics by the December 2nd meeting. Councilman Dangleis addressed the issue stating that the Dangleis establishment of a day laborer center is not the duty or comments function of the City, and that immigration is the job of the Federal Government. He further stated that he felt that the day laborer center will not solve the problems, that laborers who live in the area of the Edgewood center will continue to stay in that area, he objects to the hiring of employees outside of civil service rules and that City money should not be used for this program. After more discussion, motion was carried by roll call with discussion Councilmen Dangleis and Naranjo dissenting. Moved by Mayor Moses, seconded by Councilman Alexander and Item N -le unanimously carried by roll call that item N -le be brought brt fwrd forward for discussion and handling at this time. There is a need for emergency repairs at the San Gabriel Canyon Spreading Grounds where the County of Los angeles is proposing to upgrade the existing levee to forestall potential flooding in the area. Plans and specifications have been prepared by the County Public Works Department for the emergency project. Staff has examined the plans and specifications and recommends approval with the following restrictions/conditions: No City roads shall be used for trucking of fill material. The haul road shall be limited to the San Gabriel riverbed. The fill material will be imported from Sante Fe basin and no silt from the County's sluicing project shall be used on this operation. That a letter from the Corp of Engineers be prepared and sent to affected Government entities stating that the Corps is in agreement with the removal of silt in the Sante Fe Dam area. Mr. Jim Noyes, Deputy Director of Los Angeles County Department of Public Works addressed Council explaining that the Flood Control Act requires that before the Flood Control District can enter into a contract on a project that is within a municipality, the City has to approve the plans and specifications, which were prepared by County Engineers. He further stated that project would consist of taking a large amount of material and placing it up against the slopes in the spreading basin along with a subdrain system that will intercept groundwater that is flowing underground, so the groundwater will not create a potential failure of the slopes which could endanger the levee that separates the 11/04/91 PAGE THREE Plans & Specs Emergency repairs/SG Cnyn Spread- ing Grounds J. Noyes Dep Dir LA Cc PW City from the San Gabriel River. He answered questions posed by Councilmembers, further stating that he would comply with restrictions/conditions requested. Mr. Kit Kjelstrom, Project Manager of Owl Rock, addressed K. Kjelstrom the issue stating that Owl Rock has been working with the Owl Rock Flood Control District and is ready to assist them in any way possible. Mr. Ron Legault addressed the issue expressing his concerns R. Legault regarding payment for the project and dust control. He was comments advised that the County will pay for the project and the City will be monitoring the situation closely. Moved by Mayor Moses, seconded by Councilman Stemrich and unanimously carried by roll call to approve plans and specifications as requested by the County with the conditions stated previously. Plans & Specs I appvd PUBLIC PARTICIPATION CONTINUED AZUSA Mr. Gilbert Becerril addressed Council advising that the Petition he had G. Becerril previously presented to Councilmembers regarding the signs on Sixth Street, will be comments given to the City Clerk's Office for their official records. job specs Electric Mr. Ron Legault addressed Council to announce the names of proposed sites for the day laborer R. Legault center, which were, Properties near Azusa Car Wash, Sylvan Mobilehome trailer comments park, Criterion Catalyst Company, Azusa Landfill and Paramount and Iwindale Res 91-C161 Avenue. THE I/II, The CONSENT CALENDAR consisting of Items 1 through 11 was approved by motion of Councilman Cons Cal Dangleis, seconded by Mayor Moses, and unanimously carried by roll call appvd, Items vote with the exception of Items G-4, G-7, G-9 and G-11, which G-4, G-7, G-9 and G-11 were considered under the special Call portion of the Agenda. Item G-5 Spec Call was removed from the Agenda by Staff. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REVISING THE 1. The Minutes of the regular meeting of October 21, 1991, and the regular adjourned meeting October Min appvd of 28, 1991, were approved as written. THE 2. The Personnel Board has approved the revision of job specifications/descriptions for twenty-seven positions in the Utilities and Public works Departments. These modifications/changes were in response to requirements published by the Department of Motor Vehicles regarding commercial drivers. The following resolutions were adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REVISING THE AZUSA Res 91-C160 CLASS SPECIFICATIONS FOR THE CLASSIFICATIONS OF: LINE MECHANIC HELPER, APPRENTICE Revision of LINE MECHANIC, LINE MECHANIC, LINE MECHANIC CREW job specs Electric SUPERVISOR AND LINE MECHANIC SUPERVISOR. Dept. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REVISING THE AZUSA Res 91-C161 CLASS SPECIFICATIONS FOR CLASSIFICATIONS OF: WELDER, WATER UTILITY WORKER THE I/II, Revision of job specs WATER UTILITY OPERATOR I/II, WATER UTILITY SUPERVISOR, WATER CREW WaterDept. UTILITY EQUIPMENT OPERATOR, WATER UTILITY OPERATOR SUPERVISOR AND WATER UTILITY SUPERVISOR. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REVISING THE AZUSA Res 91-C162 CLASS SPECIFICATIONS FOR CLASSIFICATIONS OF: BUILDING MAINTENANCE WORKER THE Revision of I/II, BUILDING MAINTENANCE WORKER III, BUILDING MAINTENANCE SUPERVISOR, job specs PW Dept. EQUIPMENT MECHANIC, EQUIPMENT MECHANIC SUPERVISOR, PARK MAINTENANCE WORKER I/II, PARI( 11/04/91 PAGE FOUR C� MAINTENANCE WORKER III, PARK MAINTENANCE CREW SUPERVISOR, PARK MAINTENANCE SUPERVISOR, STREET MAINTENANCE WORKER I/II, STREET MAINTENANCE WORKER III, STREET MAINTENANCE CREW SUPERVISOR, STREET MAINTENANCE SUPERVISOR, TREE TRIMMER AND SENIOR TREE TRIMMER. 3. Human Resources Action Items were approved as follows: EMPLOYEE STEP INCREASE AND PERMANENT STATUS RECOMMENDATIONS NAME SUS EFFECTIVE S. Malins Step 4 10/24/91 K. Mingle Step 3 10/17/91 C. Fernandez Step 3 10/17/91 B. Nelson PermStat 10/04/91 R. Ventor Step 2 10/23/91 M. Thompson NEW APPOINTMENTS PermStat/2 11/05/91 NAME/CLASSIFICATION EFFECTIVE K. Ball, Meter Reader 11/05/91 PROMOTIONS NAME/CLASSIFICATION EFFECTIVE R. Morales, Police Records Clerk II 11/06/91 TERMINATIONS N E/CL•ASSIFICATION None EFFECTIVE 4. SPECIAL CALL ITEM. 5. REMOVED FROM AGENDA. 6. The City has been working with nineteen other San Gabriel Valley cities towards the formation of a transportation coalition to gain more funding for the Valley on the 30 -year LACTC Congestion Management Plan. Each City has agreed to share the cost to hire a consultant to present a plan to LACTC outlining the needs for transit management in the San Gabriel Valley. The agreement for the formation of a transportation coalition was approved and its execution authorized and an expenditure of up to $2,200 from Prop A funds to pay Azusa's share of cost of study by Forsythe & Associates, Inc., was also approved. 7. SPECIAL CALL ITEM. 8. Specifications were completed for Substation Panels and related equipment. Equipment and materials will be used to upgrade the existing eleven (11) distribution breakers in the substation serving the City. The specifications were approved and the City Clerk was directed to advertise for bids. 9. SPECIAL'CALL ITEM. 10. Resolution authorizing payment of warrants by the City was adopted and entitled: Pere Items Step inc./ perm status Appointments Promotions Terminations Spec Call Rmvd frm agda Formation of Transporta- tion coali- tion/study by Forsythe & Assoc.,Inc. Spec Call Specs sub- station panels & related equip Spec Cali A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-C163 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE Warrants FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. 11/04/91 PAGE FIVE 11. SPECIAL CALL ITEM. Spec Call Spec Call Mr. Ron Legault addressed item regarding contract with R. Legault Lilburn Corporation to conduct required inspection of the comments quarry operations in Azusa. He questioned if the City will be in attendance when the rock quarries are inspected and also who will pay for the services of Lilburn Corporation. Community Development Director Bruckner responded that the Response City will be interacting with the Lilburn Corporation during Staff the time of inspections, giving direction and assuring that the rock quarries are complying with City conditions, but will not physically attend the inspections. Further, the rock quarries will pay for the services of Lilburn Corporation. Moved by Councilman Naranjo, seconded by Councilman Stemrich Agmt Lilburn and unanimously carried by roll call to approve the Corporation agreement with Lilburn Corporation to conduct the required appvd inspection of the quarry operations in Azusa. Discussion was held regarding funding of the preliminary Ping study planning study of the Northern San Gabriel Valley - San Transpor- Bernardino County Transportation Corridor. It was tation determined that the need for participation in this study is Cooridor not feasible at this time. It was then moved by Councilman (denied) Stemrich, seconded by Councilman Naranjo and unanimously carried by roll call to deny the request. Mr. Art Morales addressed item regarding Slauson Park Wall A. Morales Project. He requested additional information regarding the Comments rejection of the bids. ices Guarrera Community lackingrdocuments thatonded that some of Reswere requested of J. Gonse uarrera them while others had irregularities. Moved by Councilman Dangleis, Stemrich and unanimously carried by seconded by Councilman Bids Slauson bids and direct the City Clerk to roll call to reject all re -advertise for the Park Wall rejected project. G. Craig for businesses. cents Director of Finance Craig addressed that the Chamber Council advising them Comm Maint of Commerce consideration and discussion of the is requesting that possibility of Fire Assessmt the Community Maintenance and Fire institution reducing Safety Assessments or Fee discussion of an electricity rebate for utility customers be tabled to the regular meeting of December 2, 1991, to allow the Chamber ample time to study and develop a position on the issues. Councilman Naranjo asked how much the five hundred thousand dollar rebate to Naranjo customers, that was proposed at the last meeting would amount to. comments Director of Finance Craig stated that the energy rebate would amount to five Response percent, which would be one dollar eighty cents for residents and one dollar sixty-five G. Craig for businesses. cents Mr. Art Morales addressed the issue stating that he is opposed to continuing action A. Morales, on the assessment fees. comments Mr. Kit Kjelstrom addressed the issue reading into the record a letter from K. Kjelstrom the President of the Chamber of Commerce requesting that further deliberation the comments on matter of the assessment fees be deferred to December 2, 1991. 11/04/91 PAGE SIX Moved by Councilman Stemrich, seconded by Councilman Item deferred Alexander and unanimously carried by roll call to defer to N -2b. action on this item to be held in conjunction with item N -2b in the Other Business/City Council portion of the Agenda. THE CITY COUNCIL CONVENED AS THE REDEVELOPMENT AGENCY AT 9:22 P.M. .THE CITY COUNCIL RECONVENED AT 9:24 P.M . 'THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. THE CITY COUNCIL DID NOT CONVENE AS THE AZUSA PUBLIC FINANCING AUTHORImv 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 DENYING THE APPEAL OF KAM P. LEE AND CAROL SAWYER AND DENYING THE GENERAL PLAN AMENDMENT NO. GPA -91-2, ZONE CHANGE NO. Z-91-1, CONDITIONAL USE PERMIT NO. C-91-10, VARIANCE NO. V-91-4 AND PRECISE PLAN OF DESIGN NO. P-91-119 PERTAINING TO THE CONSTRUCTION OF A 23 -UNIT DETACHED CONDOMINUM PROJECT. Moved by Councilman Dangleis, seconded by Councilman Stemrich to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE SCHEDULED ITEMS At the recent Rent Stabilization Workshop, the City Council requested that the tenants and owners work together and develop an alternative to the ordinance prepared by the City Attorney's office. It is requested that consideration of the rent stabilization ordinance be continued to November 18th Council meeting to allow time for changes to be made to the tenant proposal, and to provide copies to the park owners for their review. Moved by Councilman Naranjo, seconded by Councilman Stemrich and unanimously carried by roll call that discussion regarding Rent Stabilization be continued to November 18, 1991. Convene as CRA Reconvened No bus IDA No bus APFA Ord./Spec.Res 91-C164 denying appl of Kam Lee/ Carol Sawyer SChed. Items Rent Stabli. Ord. dis 11/18/91 CONTINUED PUBLIC HEARING - on appeal of Conditional Use Cont Pub Hrg Permit C-90-11 and Precise Plan of Design P-90-11, for the Azusa Mobile - continued operation of Azusa Mobilehome Park. home Park Moved by Councilman Dangleis, seconded by Councilman Stemrich and carried by roll call to re -open the Hearing. Councilman Alexander dissenting. The Mayor declared the Hearing re -opened. Community Development Director addressed the Hearing stating that the Azusa Mobilehome Park owners have requested a Conditional Use Permit for the continued operation of the mobilehome park. The Planning Commission has reviewed and recommends approval of the CUP with conditions. As requested at a prior meeting, a complete inspection of the mobilehome park has been completed and has found two 11/04/91 PAGE SEVEN Hrg re -open Testimony' Comm Dev Dir illegally converted units on the property and some Title 25 violations were noted. He recommended that the Mobilehome Park Owner comply with all aspects of Title 25. Councilman Naranjo inquired whether the mobilehome park was Naranjo a family or senior park. comments Mr. Ed Dickenson, a resident of the park responded that Response originally the park was a family park but lately has leaned E. Dickerson towards a senior park. Mr. Richard Bell, representative of the Azusa Mobilehome Testimony Park Owner, addressed the Hearing stating that the owner is R. Bell attempting to comply with a CUP and since the Mobilehome Park is in Mobilehome an Industrial area, he suggested the City may want to purchase the park or lease the Owner Rep property on a long or short term from the park owner. He stated that the owner has not upgraded the property because he feels that it is not feasible if the property will be converted to an Industrial use in ten years. He requested that the CUP be granted and reminded Councilmembers that rent control is not the issue here. Y. Trejo Discussion was held between Councilmembers and Mr. Bell. Discussion The issues of whether the Mobilehome Park owner will comply With the CUP and not pass on the cost to tenants and the two vacant units that were illegally converted were discussed and suggestions that the units be coverted back to their original use. Mr. Bell stated that currently meetings have been taking place with tenant groups and owners and further that a survey has been taken. The results of the survey were discussed. Mr. Ron Legault addressed the issue requesting that the City conduct its R. Legault own survey. comment 'Mr. Al Turchek, a resident of the Mobilehome Park addressed the issue advising that A. Turchek the meetings with tenant and Mobilehome Park representatives discussed comments leases, maintenance problems, lack of cable television, onsite manager, recreation room and that there is a need for owner and tenants to come to an agreement. He also stated that rent stabilization is not acceptable to owners and gave his opinion of the questionnaire/study taken by park owners. Mrs. Yolanda Trejo addressed the issue stating that the questionnaire/study taken Y. Trejo by mobilehome park owners was misleading and that another should be taken. She questioned comments what effect the proposed Mobilehome Park Zone (MHP) would have on the Azusa Mobilehome Park CUP. City Attorney Thorson responded stating that the rules of the City Atty proposed zone would be at Council discretion. response Councilman Dangleis questioned tenant representative Al Turchek, asking if owners Dangleis agree not to pass cost to tenants as condition of the CUP, if it comments will be acceptable. Mr. Al Turchek, tenant representative, stated that the tenant A. Turchek group would like to withhold action on the CUP until the rent stabilization ordinance is comments enacted, as an assurance that there will be no further increases to tenants. Moved by Councilman Stemrich, seconded by Councilman Dangleis and- carried by Hrg clsd roll call to close the Hearing. Councilman Alexander dissenting. Councilman Stemrich requested that the two illegally Stemrich converted units be converted back to their original use. comments 11/04/91 PAGE EIGHT Moved cilman onded uncilman y Alexanderand ucarried bytroll ccall tocre-open btheCoHearing. Hrg re -open Councilman Dangleis dissenting. Moved by Councilman Stemrich, seconded by Mayor Moses and continue for unanimously carried by roll call to continue Hearing for thirty days. thirty days in order for the owner to convert units back to prior use and bring mobilehome park up to code. PUBLIC HEARING - on Code Amendment No. 178 requirements for antique stores. revised Pub Hrg The Mayor declared the Hearing open. Code Amend The City Cl178 erk read the affidavit of proof of publication of notice Hearing Hrg opened of said published in the Azusa Herald on October 17, 1991. Motion Director of Community Development Bruckner addressed the Hearing stating that Testimony under direction of Council and Planning Commission, the definition of Comm Dev Dir second hand store was too restrictive for antique stores, which seconded by Councilman and carried by roll call to close the was subject to same definition and that the two needed to be separated antique Hrg clsd and redefined. A definition excluding antiques from second hand would Dangleis absent. Hearing. enable antique stores to be located in a greater number of zones, such as C-2, CBD, C-3, M-1 and M-2. The definition would be that antique stores would sell goods over forty years old and also collectible items. definition The was researched and taken from the Antique Mall. Councilman Alexander stated that he opposed the definition and regulations of antique stores. Alexander Discussion was eld tithe comments businesses under regulation ofeChapter 19.sOardinros andcoof Azusa Municipal Discussion Code. of the Moved by Councilman Alexander, seconded by Mayor Moses and failed by roll call to. Ron Legault addressed the issue stating that the will affect other business in the City which have amendment antiques. R. Legault comments absent. Councilman Councilman Dangleis left the Council table. Moved by Councilman Stemrich, seconded by Councilman Naranjo and failed by roll call to Motion approved the Code Amendment. Councilman Alexander and Mayor Moses dissenting. Dangleis Moved by Councilman Stemrich, absent. Councilman Dangleis lft Moved by Mayor Moses, seconded by Councilman Stemrich and carried by roll call to seconded by Councilman and carried by roll call to close the Naranjo Hrg clsd to prepare the necessary documents. Councilman Alexander dissenting, Councilman Dangleis absent. Hearing. Councilman Moved by Councilman Alexander, seconded by Mayor Moses and failed by roll call to. Motion deny the Code Amendment. Councilmen Stemrich and Naranjo dissenting. Dangleis to deny absent. Councilman (failed) Moved by Councilman Stemrich, seconded by Councilman Naranjo and failed by roll call to Motion approved the Code Amendment. Councilman Alexander and Mayor Moses dissenting. Dangleis to appve absent. Councilman (failed) Moved by Mayor Moses, seconded by Councilman Stemrich and carried by roll call to Motion uphold Planning Commission's approval of said amendment and direct the City Attorney to appve to prepare the necessary documents. Councilman Alexander dissenting, Councilman Dangleis absent. Councilman Dangleis returned to the Council table. Dangleis rtn PUBLIC HEARING - on Code Amendment No. 179 definition for drive-in businesses. revised Pub Hrg The Mayor declared the Hearing open. The City Clerk read the Code Amend. X179 affidavit of proof of publication of notice of said Hearing Hrg opened Published in the Azusa Herald on October 17, 1991. Director of Community Development Bruckner addressed the Testimony issue stating that under direction of Council, Staff Comm Dev Dir 11/04/91 PAGE NINE amended the definition of drive-in businesses. Drive-in businesses require a conditional use permit, they now include liquor and convenience stores and not necessarily business transaction from a vehicle. Drive-in business is being redefined to businesses that have drive -up windows conducting business from a vehicle. The Planning Commission has recommended approval of this code amendment. Testimony was solicited, but none received. Moved by Councilman Stemrich, seconded by Councilman Hrg clad Dangleis and unanimously carried by roll call to close the Hearing. Moved by Councilman Dangleis, seconded by Councilman Code Amend Stemrich and unanimously carried by roll call to uphold 179 appvd Planning Commission's approval of said amendment and direct the City Attorney to prepare the necessary documents. PUBLIC HEARING - on Code Amendment No. 180, regulation of Pub Hrg. security bars and gates in Commercial and Industrial areas. Code Amend 180 The Mayor declared the Hearing open. The City Clerk read Hrg Open the affidavit of proof of publication of notice of said Hearing published in the Azusa Herald on October 17, 1991. Director of Community Development Bruckner addressed the Testimony issue. This code amendment is for regulation of security Comm Dev Dir gates and bars in commercial and industrial businesses and would require that any security bars on doors and windows shall be placed on the inside of the building so that the negative image or appearance would be lessened. Further that the Planning Commission has recommened approval of said code amendment. Mr. Ron Legault addressed the issue inquiring about R. Legault residential security gates and bars. comments Community Development Director Bruckner responded that Comm Dev Dir residents do not have requirements on the inside, but that Response outside bars need to have accessible locks on the inside. Moved by Councilman Dangleis, seconded by Councilman Hrg clad Stemrich and unanimously carried by roll call to close the Hearing. Moved by Councilman Dangleis, seconded by Councilman Code Amend Stemrich and unanimously carried by roll call to uphold appvd Planning Commission's approval of said amendment and direct the City Attorney to prepare the necessary documents. INFORMAL HEARING - on request of Mr. Nerces Yepremian for Infml Hrg waiver of Water System Development Fee for development at Waiver of 680 E. Alosta Avenue. Wtr Dev Fee Utility Director Hsu addressed the issue stating that Mr. Testimony Yepremian had began development of his property in 1988 and Utility Dir at that time the Precise Plan was approved with the Hsu condition which specified that the development was subject to .a Water System Development fee. The Ordinance requiring the fee was adopted in January 1989. The building permit was approved after that time. He recommended to deny request for waiver of entire development fee, but to adjust the rate to.the previous building that was on the property. The adjusted amount would be $51,167.50. Mr. Vatche Yepremian, son of the applicant addressed the Testimony issue stating that the amount of the fee was not known at V. Yepremian the time the precise plan was approved. He stated that the permit was approved in September 1988, prior to City 11/04/91 PAGE TEN adoption of the Water System study and that the Ordinance adopting the Water System Development fee was adopted in January 1989. He further stated that the Water System Development Fee was made known to him two weeks prior to this meeting and funds are not budgeted, he is three weeks away from completion of the project, he had the impression that all fees were paid when the building permit was issued. Discussion was held between Councilmembers and Staff that Discussion the situation is unique, creating hardship on the developer; Water System the development will use less water because it is a retail Dev Fee center and that developers will not develop because the Waived Water System fee is high, and lastly that the developer received the building permit before the all fees were paid. It was then moved by Councilman Naranjo, seconded by Mayor Moses and unanimously carried by roll call to waive Water System Development Fee for Mr. Yepremian and also bring back Water System Development Fee Ordinance for adjustments. Discussion was held regarding the definition and Discussion identification of blighted areas in the City. The definition identification would include building and property blight conditions. Several suggestions were made regarding the methods of dealing with blighted areas once identified. Also discussed was realistic beautification and that improvement requirements be limited to landscaping, parking improvements, trash enclosures, peeling paint and also limits on property owner expenditures as well as fair length of time for completion of improvements. Moved by Mayor Moses, seconded by Councilman Dangleis and item referred unanimously carried by roll call that this item be referred to staff to Staff for further review and brought back to Council at a later time. Chief of Police Nelson addressed Council advising them that Chief of Police Nelson addressed Council regarding request COP Nelson Problem of Sanmuk Bhakta, owner of the Star Dust Motel, for refund comments affect the public and diminish the resources of the Department. This approach to of payment for two parking citations received in October, request for 1990, at his place of business. He explained that Mr. pymt parking enforcement as well as other City services. He further. Bhakta parked his vehicles in two handicapped parking spaces in citations front of the Motel office. Mr. Bhakta paid one citation and the other has been forwarded to DMV. Mr. Bhakta was not in attendance at the meeting. Mr. Phil Guerrero addressed the issue stating that when Mr. Bhakta P. Guerrero re -modelled his place of business in 1985 through 1987, he did comments not require handicapped parking stalls, but decided he would install them. In December 1990, Mr. Bhakta approached the Building Department, they compromised that handicapped stalls could serve as manager parking when they were not needed by handicapped persons. Mr. Art Morales addressed the issue stating that there must A. Morales have been a miscommunication on the subject and expressed his opinion in favor comments of Mr. Bhakta. Moved by Councilman Naranjo, seconded by Councilman Stemrich request and carried by roll call to deny request of Mr. Bhakta. Councilman Alexander and Mayor Moses dissenting. denied Discussion was held regarding the definition and Discussion identification of blighted areas in the City. The definition identification would include building and property blight conditions. Several suggestions were made regarding the methods of dealing with blighted areas once identified. Also discussed was realistic beautification and that improvement requirements be limited to landscaping, parking improvements, trash enclosures, peeling paint and also limits on property owner expenditures as well as fair length of time for completion of improvements. Moved by Mayor Moses, seconded by Councilman Dangleis and item referred unanimously carried by roll call that this item be referred to staff to Staff for further review and brought back to Council at a later time. Chief of Police Nelson addressed Council advising them that COP Nelson the Police Department will be implementing a problem Problem oriented strategy to identify, analyze, resolve crime, disorder and -service problems that oriented affect the public and diminish the resources of the Department. This approach to policing problems solving involves the Police Department working with all municipal and community resources in the delivery of law enforcement as well as other City services. He further. stated that he will continue to update Council of the progress, goals, and accomplishments of the program. 11/04/91 PAGE ELEVEN • : : 1: "-4-i-YAL01 40 14. Oth Bus/Cncl Moved by Councilman Stemrich, seconded by Councilman Naranjo Appt H. Garci and unanimously carried by roll call to refer item to City Admin regarding the appointment of Henry Garcia to City Clsd Sess Administrator to Closed session. Payor Moses advised that he has received many complaints complaints regarding street maintenance after construction. This was street maint referred to City Administrator for handling. Discussion regarding item N -lc, downtown areas, was Downtown referred to Closed Session. clad Bess Moved by Councilman Dangleis, seconded by Mayor Moses and Item N -3a unanimously carried by roll call that item N -3a be brought brt fwd forward and discussed with item N-ld, regarding Edison customers. Councilman Dangleis addressed the idea of using Edison Discussion refund money to acquire additional Commercial/Industrial and Edison residential electric accounts in the City that are still customers being served by Edison and also some sub -station facilities. He then noted the three most recent acquisitions which were Foothill Center, Ranch Center and a residential tract in the Magnolia School area. He revealed the profit making mode of these investments. His survey also revealed that currently 581 Commercial/Industrial and 273 residental accounts in the City are still being served by Edison. He further addressed the issue of bonding as a consideration. It was then moved by Councilman Dangleis, seconded by Mayor Feasibility Moses and unanimously carried by roll call to direct staff Study to perform a feasibility study, showing acquisition cost, Edison projected revenues and overall financial impact on City customers finance as well as projected rates for consumers. Councilman Stemrich addressed item regarding assessment Assessment fees. He proposed a one third permanent reduction of the Fees fees further suggesting ideas of supplementing the money by installation of a tipping fee, swap meet, Fibre Fuel and/or increase in tonnage fee. Mr. Louis Zamora addressed the issue stating that the Memorandum of Understanding with the rock quarries is for ten years and that the vote for this was five -zero in favor. He further questioned whether in order to balance this year's City and Redevelopment budgets, any monies were moved, redirected or borrowed from another fund. He further stated that if the City in in such a great financial state, he would be in favor of one hundred percent removal of the assessment fees. Staff responded stating that monies were borrowed from the City's insurance fund to balance this year's City budget and that money was borrowed for the repurchase of the Casden site. Mrs. Yolanda Trejo addressed the issue expressing her opposition to the assessment fees and stating that the Council should make a decision that is feasible. Mr. Ron Legault addressed the issue expressing his opinion on interest rates. Mr. Art Morales addressed the issue expressing his opinion regarding the assessment fees. L. Zamora comments Staff comments Y. Trejo comments R. Legault comments A. Morales comments After heated discussion it was moved by Councilman Stemrich, Removal of seconded by Councilman Naranjo and carried by roll call that Assessment 100% of the Assessment fees be permanently removed. Fees Councilman Dangleis dissenting. 11/04/91 PAGE TWELVE Lengthy discussion was held regarding the proposals for the Discussion refund from Edison. Mr. Louis Zamora addressed the issue stating that the full L. Zamora amount of the refund from Edison belongs to the residents of comments the City of Azusa and that maybe the City is charging too much for electricity. Mr. Art Morales addressed Council expressing his opinion A. Morales regarding the Edison refund. comments Moved by Councilman Stemrich, seconded by Mayor Moses and unanimously carried by roll call that the refund from Edison be reserved in an account for the re-establishment of a Fire Department, further that the interest received from this account be used to offset the removal of the assessment fees. Edison refund fund Fire Dept. Moved by Councilman Stemrich, seconded by Mayor Moses and Feasibility unanimously carried by roll call that staff prepare a Study feasibility study regarding a joint Fire Department with the Fire Dept. City of Covina. w/Covina Moved by Councilman Alexander, seconded by Mayor Moses and Feasibility unanimously carried by roll call that staff study the Study possibility of a staggered work week, which would allow City Hall to the staggered be staffed on Fridays. work week THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT CRA convened AGENCY AT 1:23 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-C165 AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Closed Sess THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON NOVEMBER 5, 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 COUNCILMEMBERS/DIRECTORS: NONE TIME OF RECESS TO CLOSED SESSION: 1:24 A.M. Recess THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED AT Reconvened 2:20 A.M. Moved by Mayor/Chairman Moses, seconded by Appointment Councilman/Director Alexander and carried by roll call to Henry Garcia appoint Henry Garcia to the position of City Administrator. City Admin Councilman/Director Naranjo abstaining. Moved by Mayor/Chairman Moses, seconded by Adjourn Councilman/Director Alexander and unanimously carried to adjourn. TIME OF ADJOURNMENT: 2:21 A.M. C TY/ LERR NEXT RESOLUTION NO. 91-C166 NEXT ORDINANCE NO. 91-017 11/04/91 PAGE THIRTEEN