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HomeMy WebLinkAboutMinutes - November 18, 1991 - CC (2)CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 18F 1991 - 7:30 P.M. The City Council of the City of Azusa met in regular session at the above date and time in the Civic Auditorium. Mayor Moses called the meeting to order, and led in the Call to Order salute to the Flag. The meeting was dedicated to the memory of Mr. Manuel Mtg memory Toledo, an Azusa resident and veteran who recently passed M. Toledo away. INVOCATION was given by Father Ed Landreau, of the Saint Invocation Frances of Rome Church. ROLL CALL PRESENT: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT City Attorney Thorson, City Administrator Garcia, Captain Broderick, Director of Finance Craig, Electric Superintendent Ramirez, Community Development Director Bruckner, Community Services Director Guarrera, Assistant 'City Librarian Maghsoudi, Superintendent of Public Works Pedroza, Redevelopment Director Steel, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Toscano. CEREMONIAL None PUBLIC PARTICIPATION Roll Call Also Present Ceremonial Pub.Prtc. Mr. Oscar Zamora addressed Council with concerns regarding 0. Zamora the intersection of Fifth Street and Dalton Avenue. He intersection stated that he has witnessed many near miss accidents that 5th & Dalton could have occurred and felt that a traffic stop sign may be warranted at that intersection. Captain Broderick responded stating that requirements Response warranting traffic stop signs are conducted by the Broderick Engineering Department and that a study of the intersection would be conducted. Mr. Louis Zamora addressed Council with concerns regarding L. Zamora recent gang violence that occurred in the County area of gang violence Azusa. He expressed his compassion toward gang members and their families and advised of the negative impact that gang lifestyle projects. Mr. Ron Legault addressed Council thanking them for R. Legault appointing Mr. Henry Garcia to the position of City congrats to Administrator. H. Garcia Mr. Art Morales addressed Council voicing his concerns A. Morales regarding the need for a stop sign on Fifth and Dalton. He 5th & Dalton further congratulated Mr. Henry Garcia on his appointment congrats to as City Administrator. H. Garcia Mayor Moses stated for the record that he is in favor of a Moses stcp sign on Fifth and Dalton. comments Moved by Councilman Alexander, seconded by Mayor Moses and Items M-2, unanimously carried by roll call that items M2, M3 and Nlb, M-3 & N -lb be brought forward at this time for discussion and handling. brt fwd City Attorney McOsker addressed item M-3 regarding request City Atty of the City of Escondido to support the decision in Yee v. suppt City City of Escondido, now before the U.S. Supreme Court. of Escondido Discussion was held between Councilman Alexander and City Attorney McOsker regarding several aspects of the court case. Mr. Vernon St. Clair, Professional Property Manager of the V. St Clair Sylvan Villa Mobilehome Park, addressed the issue expressing comments his opposition in supporting the City of Escondido. After additional discussion, it was moved by Councilman City of Alexander, seconded by Mayor Moses and carried by roll call Escondido that the City support the decision in Yee v. City of v. Yee, sppt Escondido, now before the United States Supreme Court. Councilman Dangleis dissenting. Mr. Vernon St. Clair addressed the issue of mobilehome rent stabilization stating that he is opposed to the proposed rent stabilization ordinance. He also stated that approximately one half of the mobilehomes in the City are using or in the process of using long term leases in mobilehome parks. Further, that other mobilehome park owners are willing to provide long term leases. Ms. Elizabeth Watson of the Law Offices of Greenberg, Glusker, Fields, Claman & Machtinger, representative of two mobilehome park owners in the City, addressed the issue. She stated that she sees no justification for a rent stabilization ordinance since mobilehome park owners have not increased their rents in two years. In her evaluation of the proposed ordinance presented by staff versus the one prepared by residents of mobilehome parks, she stated that staff has prepared a fair and balanced ordinance, but that the residents gave no consideration to mobilehome park owners. She reminded Council that forty percent of the mobilehome park residents in the City are now on long term leases. Mr. Al Turchek, representative of the mobilehome park residents, addressed the issue refuting various statements made by Ms. Watson and also on the correspondence/report submitted by her firm. He further explained the contents of the proposed rent control ordinance prepared by the residents of mobilehome parks, (C.H.A.M.P.) Citizens Helping Azusa's Mobilehome Parks. Discussion was held between Councilmembers and Staff regarding the proposed ordinances on rent stabilization. They noted that the ordinance prepared by staff intends mediation, while the ordinance prepared by C.H.A.M.P. is an arbitration system type. Many concerns were raised and discussed. It was consensus of Council to recess for approximately five minutes. TIME OF RECESS: 9:05 P.M. THE CITY COUNCIL AT: 9:15 P.M. 11/18/91 PAGE TWO V. St Clair rent stabili- zation comments E. Watson against rent stabilization A. Turchek for rent stabilization Discussion Recess Reconvened Mr. Bob Clifford, General Manager of the Foothill Vista Mobilehome Park addressed the issue stating that one hundred percent of the residents in his park are currently on long term leases that meet all the requirements of the Civil Code. He presented a comparison between the proposed ordinance prepared by the City staff, which is modeled after the La Verne Ordinance and the proposed ordinance prepared by C.H.A.M.P. He stated that the C.H.A.M.P. ordinance is in favor of residents and might conflict with the Civil Code and pose legal challenges. He further stated that there is little representation from owners of mobilehome parks. Further, that the staff proposed ordinance is fair, reasonable and adequate. S. Clifford against rent stabilization Discussion was held between Councilmembers and Mr. Clifford Discussion regarding the impacts, benefits and possible amendments to the proposed ordinances in order to provide fairness to the Foothill Vista Mobilehome Park. Ms. Barbara Knaus, a member of C.H.A.M.P., addressed Council B. Knaus and gave an extended and detailed presentation of her for rent views in support of the adoption of a rent stabilization stabilization ordinance. Councilman Stemrich offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON NOVEMBER 18, 1991. Moved by Councilman Stemrich, seconded by Mayor Moses 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 TIME OF RECESS TO CLOSED SESSION: 10:07 P.M. THE CITY COUNCIL RECONVENED AT: 10:53 P.M. Discussion was held regarding several amendments to the proposed ordinance presented by C.H.A.M.P. Councilman Alexander offered an Ordinance entitled: Res. 91-C166 Clsd Sess Recess Reconvened Discussion AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st Rdg Ord. AMENDING THE AZUSA MUNICIPAL CODE SECTION 5.120.070 AND Mobilehome ADDING SECTION 5.56 RELATING TO MOBILEHOME PARK RENT Park Rent STABILIZATION. Stabilization Moved by Councilman Alexander, seconded by Councilman Naranjo and unanimously carried by roll call to waive further reading. Moved by Councilman Naranjo, seconded by Councilman Alexander and carried by roll call to introduce the ordinance. Councilman Dangleis dissenting. Mayor Moses addressed the issue of the proposed Work Moses Center, dispelling rumors that have being circulating comments throughout the City. He requested input and direction from Work Center the public with regard to the issue. Ms. Marlene Osborn of the Committee of Seven addressed the M. Osborn issue stating that the committee is still seeking a suitable comments location for the Center and requested that Council not take action until a staff report is submitted. 11/18/91 PAGE THREE Mr. Daniel Naranjo addressed Council regarding the issue of D. Naranjo a work center and presented a petition against the comments establishment of the center. He suggested that the funds being considered for the work center be utilized for more youth oriented facilities that would benefit the children of Azusa. He further suggested that the residents should have the opportunity to vote on an issue such as the proposed work center. Mrs. Susie Galletta member of Citizens for a Better Azusa, S. Galletta addressed the issue stating that the proposed work center comments will be used by everyone in the City who needs it. Further that INS sweeps and police citations do not solve the problems at Edgewood Center. She stated that all questions will be answered by the report that will be submitted by Staff regarding the work center. Mr. Louis Zamora addressed the issue clarifying several L. Zamora points that have been presented regarding the proposed work comments center. He stated that residents who want to work will utilize the center. He further stated that CDBG funds may be considered for the center and that both the Committee of Seven and the Citizens for a Better Azusa are working together towards resolution of this issue. Lastly, he voiced his opposition to presenting this issue as a ballot measure. Mr. Ron Legault addressed the issue expressing his views R. Legault regarding the proposed work center and that he is in favor comments of placing the issue on the ballot. Mr. Art Morales addressed the issue expressing his views A. Morales regarding the proposed work center stating that even if the comments issue is placed on the ballot, it should to be researched by both committees and staff. Discussion was held among Councilmembers with each Discussion expressing his view and opinion regarding the issue of placing the work center issue on the ballot. It was then moved by Mayor Moses, seconded by Councilman Naranjo and carried by roll call to place the issue of a work center in the City of Azusa on the ballot. Councilmen Dangleis and Stemrich dissenting. Immediately following the above action, it was moved by Mayor Moses, seconded by Councilman Alexander and carried by roll call to rescind previous motion. Councilman Naranjo dissenting. In light of the previous motions, City Administrator Garcia advised that Staff will proceed with the concept of the work center in the City as voted upon at the last Council meeting and clarified that at this time there will be no measure on the ballot regarding the work Center. The CONSENT CALENDAR consisting of Items 1 through 13 was Cons Cal approved by motion of Councilman Dangleis, seconded by appvd, Item Councilman Stemrich and unanimously carried by roll call G-9, Spec vote, with the exception of item G-9, which was considered Call under the special Call portion of the Agenda. ' 1. The Minutes of the regular meeting of November 4, Min appvd 1991, were approved as written. 2. Plans and specifications were approved for construction Plans & specs of a new picnic shelter at Zacatecas Park, Project 91- Proj. 91-13 13. The City Clerk was directed to advertise for bids. 3. Bids were opened on November 6, 1991, in the City Purchase Clerk's Office for one police van. Two bids were 1991 Chev received. The purchase was awarded to Team Chevrolet, Team Chevro- low bidder, in the amount of $17,284.68. let 11/18/91 PAGE FOUR r LI 11 4. Human Resources Action Items were approved as follows: Pers Items EMPLOYEE STEP INCREASE AND PERMANENT STATUS Step inc./ RECOMMENDATIONS perm status NAME STATUS EFFECTIVE R. Delgadillo PermStat 11/12/91 J. Fischer Step 4 11/06/91 R. Garcia PermStat 11/20/91 R. Iwasczynszyn Step 5 11/20/91 H. Bauer PermStat 11/19/91 R. Bowcock PermStat 11/08/91 L. Maldonado PermStat/2 11/29/91 NEW APPOINTMENTS Appointments NAME/CLASSIFICATION EFFECTIVE NONE TO REPORT PROMOTIONS Promotions NAME/CLASSIFICATION NONE TO REPORT Terninations NAME/CLASSIFICATION NONE TO REPORT 5. Specifications were approved for the reconstruction and Specs. Azusa modification of the north portion of Azusa Substation. Substation The City Clerk was directed to advertise for bids. 6. Specifications were approved for one Electric Meter Calibration System - Project LD91-4. The City Clerk was directed to advertise for bids. 7. As a result of State Budget cuts, the Department of Alcohol Beverage Control is anticipating cuts in the agency's funds which will require slashing of the agency's current staff. The following Resolution was approved: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, CALLING FOR THE RESTORATION OF ADEQUATE FUNDING IN FISCAL YEAR 1991-92 AND THEREAFTER FOR THE STATE DEPARTMENT OF ALCOHOL BEVERAGE CONTROL AND URGING THE GOVERNOR AND THE STATE LEGISLATURE TO APPROVE FUNDING FOR THE ABC IN ORDER TO CONTINUE ABC ENFORCEMENT AT LEAST AT PRESENT LEVELS. 8. Agreement with Henry Garcia for City Administrator services was approved and the following Resolution was adopted: Specs Proj. LD91-4, Res. 91-167 ABC funding A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-168 APPROVING THAT CERTAIN AGREEMENT ENTITLED "EMPLOYMENT Agmt w/ AGREEMENT BETWEEN CITY OF AZUSA AND HENRY GARCIA" DATED H. Garcia AS OF NOVEMBER 4, 1991. City Admin 9. SPECIAL CALL ITEM. Spec Call 10. CONTINUED TO NEXT COUNCIL MEETING. Continued 11/18/91 PAGE FIVE 11. In order to allow the Police Department to protect themselves and the public adequately, it is necessary to change the issued weapon to a semi-automatic. After extensive examination, Glock Model 11 .40 calibre was determined to be the most effective weapon. Formal bidding procedures were waived pursuant to the Azusa Municipal code and the purchase was awarded to Glock Inc., in the amount of $27,431.63. 12. The City Treasurer's Financial Statement showing a balance of $21,644,599.41, as of October 31, 1991, was received and filed. 13. Resolution authorizing payment of warrants by the City was adopted and entitled: Purchase Glock Model semi -auto matic weapons Treasurer's Fin Stmt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-C169 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE Warrants FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. SPECIAL CALL ITEMS Spec Call Mr. Ron Legault addressed item G-9, advising that the San R. Legault Gabriel Rock Quarry caused $65,000 of damage to the City's comments telecommunication cable and that it is reimbursing the City through its insurance company. It was then moved by Councilman Alexander, seconded by Mayor Moses and unanimously carried by roll call to waive formal bidding procedures pursuant to the Azusa Municipal Code and confirm purchases to restore the Water Division's telecommunication cable that was destroyed on Monday, October 21, 1991. THE CITY COUNCIL CONVENED AS THE REDEVELOPMENT AGENCY AT 12:28 A.M. THE CITY COUNCIL RECONVENED AT 12:45 A.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 PUBLIC FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS None SCHEDULED ITEMS PUBLIC HEARING - on a request of Fred Petersen for time extension of Conditional Use Permit C-415. Waive frml bidding for purchases Convene as CRA Reconvened No Bus IDA No Bus APFA Ord./Spec.Res Sched Items Pub Hrg C-415 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 November 7, 1991, as well as the affidavit of proof of posting the property on October 31, 1991. Community Development Director Bruckner addressed the issue Testimony stating that in 1986, Council approved a Conditional Use Permit for the expansion of a nonconforming automotive sales business. One condition of approval was imposed requiring the termination of the residential use of several nonconforming houses on the property by November 17, 1991. The property owner is now requesting a five year extension to the requirement, or until the Redevelopment Agency improves the property across the street from the business. The Planning Commission has recommended approval of the time extension. 11/18/91 PAGE SIX Testimony was solicited, but none received. Moved by Councilman Stemrich, seconded by Councilman Hrg clsd Dangleis and unanimously carried by roll call to close the Hearing. Moved by Councilman Naranjo, seconded by Councilman Dangleis CUP extention and unanimously carried by roll call to grant the requested appvd five year extension for the use of the residences under Conditional Use Permit No. C-415 and direct the City Attorney to prepare the necessary documents. Moved by Councilman Stemrich, seconded by Councilman rescind G-10 Alexander and unanimously carried by roll call to rescind Consent Cal motion on item G-10 of the Consent Calendar and continue it continued to the next Council meeting. OTHER BUSINESS/CITY COUNCIL Moved by Mayor Moses, seconded by Councilman Alexander and Proc "Great unanimously carried by roll call to approve the preparation American of proclamation proclaiming November 21, 1991, as "Great Smokeout American Smokeout Day", in the City of Azusa. Day" Announcement that applications are being solicited for a Application vacancy on the Cultural and Landmark Historical Commission Hist & Lndmk and that the deadline is November 27, 1991. commission Moved by Councilman Naranjo, unanimously carried by roll Commission in the City. seconded by Mayor Moses and Establish call to establish a Youth Youth Comm THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 12:49 A.M. Mayor/Chairman Moses offered a resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-170 AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Clsd Sess THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON NOVEMBER 18, 1991. Moved by Mayor/Chairman Moses, seconded by Councilman/Director Alexander 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: 12:50 A.M. THE CITY COUNCIL RECONVENED AT 1:15 A.M. Moved by Councilman/Director Alexander, seconded by Mayor/Chairman Moses and unanimously carried by roll call to adjourn. ' TIME OF ADJOU ENT: 1:16 A.M C Y CL RR NEXT RESOLUTION NO. 91-C171 NEXT ORDINANCE NO. 91-017 11/18/91 PAGE SEVEN Recess Reconvened Adjourn