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HomeMy WebLinkAboutMinutes - December 2, 1991 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING DECEMBER 2, 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 Reverend Richard Hom of the First Presbyterian Church. ROLL CALL PRESENT: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT City Attorney Thorson, City Administrator Garcia, Director of Finance Craig, Police Chief Nelson, Community Development Director Bruckner, Community Services Director Guarrera, City Librarian Alaniz, Superintendent of Public Works Pedroza, City Engineer Abbaszadeh, Administrative Analyst Dadaian, Utilities Director Hsu, Redevelopment Director Steel, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Toscano. CEREMONIAL EIa3`Fa Moved by Mayor Moses, seconded by Councilman Alexander and unanimously carried by roll call that item N -lb be brought forward for discussion and handling at this time. Moved by Mayor Moses, seconded by Councilman Naranjo and unanimously carried by roll call that request of the Azusa High Songleaders for a donation of $600.00 to attend the National songleaders competition in Florida, be approved. Chief of Police Nelson addressed the issue stating that the Police Department will match the City's contribution in efforts to support and encourage positive activities by the youth of Azusa, further requesting that the Songleaders develop an anti-drug cheer. Call to Order Invocation Roll Call Also Present Ceremonial Item N -lb brt fwd Donation Azusa High Song Mayor Moses offered a word of thanks to the owners, Thanks to employees of Bob's Burgers and to the residents of the City Bob's Burger who participated in serving at the free Annual Thanksgiving Dinner provided by Bob's Burgers. PUBLIC PARTICIPATION Pub.Prtc. Mr. Art Morales addressed Council requesting an update on A. Morales Casa de Zacatecanos. comments Director of Finance responded that the City Administrator is Response currently working on this issue of Casa de Zacatecanos and Finance Dir will provide an update report at the next Council meeting. Mr. Ron Legault addressed Council apprising them of the R. Legault condition of Vernon Street in the northern section of town comments and also advised that cable television is blacked out in the cable northern section of town. Mr. Daniel Naranjo addressed Council regarding the proposed D. Naranjo day labor center. He noted that the cost and/or location Day Labor have not been decided upon and expressed his opposition to issue the center. Discussion was held among Councilmembers and staff regarding Discussion fees/citations to contractors who pick up and employ day laborers. It was consensus of Council that the matter be explored by the City Attorney. The CONSENT CALENDAR consisting of Items 1 through 14 was Cons Cal approved by motion of Councilman Dangleis, seconded by appvd, Items Councilman Stemrich and unanimously carried by roll call G-4, G-7, G-9 vote with the exception of Items G-6, G-8, and G-12, and G-11 which were considered under the special Call portion of the Spec Call Agenda. Item G-12 was removed from the Agenda by Council. 1. The Minutes of the regular meeting of November 18, Min appvd 1991, were approved as written. 2. Final Parcel Map No. 21741 was completed by the Final Parcel Engineering Division. This pertains to the subdivision Map No. 21741 of property on the north side of Fifth Street, west of Virginia Avenue. The Final Parcel Map was approved and its recordation authorized. 3. Formal bidding procedures were waived pursuant to the Agmt Orcom Azusa Municipal Code and authorization was given for Systems, Inc. the purchase of two hand-held reading devices from Orcom Systems, Inc., in the amount of $8,041.89. t' Human Resources Action Items were approved as follows: EMPLOYEE STEP INCREASE AND PERMANENT STATUS RECOMMENDATIONS NAME STATUS E. Putrino, PermStat V. Padilla Step 4 NEW APPOINTMENTS NAME/CLASSIFICATION F. Langit, Electrical Engineer PROMOTIONS NAME/CLASSIFICATION None TERMINATIONS NAME/CLASSIFICATION None 11/27/91 11/30/91 EFFECTIVE 12/16/91 Pers Items Step inc./ perm status Appointments Promotions Terminations 5. The Personnel Board approved the revision of job specifications/descriptions for Tree Trimmer and Senior Tree Trimmer. The following resolution was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-C171 REVISING THE CLASS SPECIFICATIONS FOR THE Specs Tree CLASSIFICATIONS OF TREE TRIMMER AND SENIOR TREE Trimmer/Sr TRIMMER. Trimmer 12/02/91 PAGE TWO 6. SPECIAL CALL ITEM. Spec Call 7. Bid opening was held in the City Clerk's Office on Soldano Ave November 19, 1991, for the "Soldano Avenue Gutterplates gutterplates" project. Nineteen bids were received. Nobest Inc. The contract was awarded to Nobest Inc., low bidder, in 11. the amount of $109,237.85, and its execution was Appvl of authorized. Easement 8. SPECIAL CALL ITEM. Spec Call 9. In July of this year, staff requested proposals for Third Party Administrator for Workers' Comp (TPA) the City's Workers' TPA, Fleming Compensation program. Eighteen requests were mailed & Associates 12 out, and seven companies responded. The proposal was Remvd 13. awarded to Fleming & Associates of $385 for new claims, Traffic Sig. and its execution was authorized. modification 10. The Omnibus Budget Reconciliation Act (OBRA) of 1990, requires Social Security Coverage of "public employees not covered by an employer-provided retirement plan," unless an alternative "retirement system" is adopted for non -covered employees. This law principally affects employees working as part-time temporary, seasonal workers. The following resolution was adopted: SPECIAL CALL ITEMS Spec Call Councilman Stemrich addressed agenda item regarding project Sixth St for Sixth Street improvements questioning whether the Improvments irregularity of the omission of a corporate seal on the low bidder's document would cause problems. City Attorney responded stating that the omission of the corporate seal on a bid document is a minor detail that could be waived. It was then moved by Councilman Stemrich, seconded by Mayor Appvd/Padilla Moses and unanimously carried by roll call to award the Paving contract for Sixth Street Improvements to Padilla Paving, low bidder, in the amount of $139,927.71 and authorize the Mayor to execute the same. 12/02/91 PAGE THREE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-172 APPROVING THE PUBLIC AGENCY RETIREMENT SYSTEM AS THE OBRA RETIREMENT SYSTEM FOR CITY EMPLOYEES NOT CURRENTLY ELIGIBLE FOR A QUALIFYING RETIREMENT SYSTEM. 11. In the course of constructing the first city-wide sewer Appvl of line project, it was necessary to run a new sewer Easement lateral across 1275 N. San Gabriel Avenue to intercept 1275 N. San outflow from the old line. An easement along the southerly property line was requested and has been Gabriel granted by the property owner. The twenty foot easement was accepted for sanitary sewer purposes. 12 REMOVED FROM AGENDA. Remvd 13. Bid opening was held in the City Clerk's Office on Traffic Sig. November 26, 1991, for Traffic Signal Modification at modification Foothill/Virginia/Georgia, project No. 91-3. Five bids Steiny & Co. were received. The contract was awarded to Steiny and Company Inc., in the amount of $87,000.00. 14. Resolution authorizing payment of warrants by the City was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-C173 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE Warrants FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. SPECIAL CALL ITEMS Spec Call Councilman Stemrich addressed agenda item regarding project Sixth St for Sixth Street improvements questioning whether the Improvments irregularity of the omission of a corporate seal on the low bidder's document would cause problems. City Attorney responded stating that the omission of the corporate seal on a bid document is a minor detail that could be waived. It was then moved by Councilman Stemrich, seconded by Mayor Appvd/Padilla Moses and unanimously carried by roll call to award the Paving contract for Sixth Street Improvements to Padilla Paving, low bidder, in the amount of $139,927.71 and authorize the Mayor to execute the same. 12/02/91 PAGE THREE Moved by Councilman Stemrich, seconded by Mayor Moses and Job Desc unanimously carried by roll call to remove item G-12, job Resource ctr description for Resource Center Supervisor, from the agenda. supv remvd THE CITY COUNCIL CONVENED AS THE REDEVELOPMENT AGENCY Convene as AT 8:06 P.M. CRA THE CITY COUNCIL RECONVENED AT 8:08 P.M 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 AZUSA PUBLIC No bus APFA FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Ord./Spec.Res Councilman Naranjo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-C174 APPROVING THE NEGATIVE DECLARATION FOR AMENDMENT NO. 178 TO Appvg Neg Dec THE AZUSA MUNICIPAL CODE PERTAINING TO REQUIREMENTS FOR Code Amend ANTIQUE STORES. No. 178 Moved by Councilman Naranjo, 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, MOSES, NOES: COUNCILMEMBERS: ALEXANDER ABSENT: COUNCILMEMBERS: NONE Councilman Dangleis introduced an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st Rdg Ord REPEALING SECTION 19.80.010(e), AMENDING SECTIONS Code Amend 19.24.030(1) AND 19.27.020(a) AND ADDING 19.04.022 TO THE #178, AZUSA MUNICIPAL CODE PERTAINING TO REQUIREMENTS FOR ANTIQUE Requirements STORES (CODE AMENDMENT NO. 178) Antique Strs Moved by Councilman Dangleis, seconded by Councilman Stemrich and unanimously carried by roll call to waive further reading. Moved by Councilman Naranjo, seconded by Councilman Stemrich and carried by roll call to introduce the Ordinance. Mayor Moses abstaining and Councilman Alexander dissenting. Councilman Dangleis offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-C175 APPROVING THE NEGATIVE DECLARATION FOR AMENDMENT NO. 179 TO Appvg Neg Dec THE AZUSA MUNICIPAL CODE PERTAINING TO REVISED DEFINITION Code Amend FOR DRIVE-IN BUSINESSES. #179 12/02/91 PAGE FOUR Councilman Stemrich addressed item G-8, re -roofing of the Re -roofing of Woman's Club questioning where the project had been Woman's Club advertised, due to the fact that only one bid was received. Superintendent of Public Works Pedroza responded stating Comments that the project was advertised in the Azusa Herald as well staff as the green sheets, a trade publication, further that three contractors took out specifications but only one responded. It was then moved by Councilman Stemrich, seconded by Appvd/Stone 'Councilman Dangleis and unanimously carried by roll call to award the contract for re -roofing of the Women's Club to Roofing Co. Stone Roofing Company, Inc. in the amount of $36,747.00 and authorize the Mayor to execute same. Moved by Councilman Stemrich, seconded by Mayor Moses and Job Desc unanimously carried by roll call to remove item G-12, job Resource ctr description for Resource Center Supervisor, from the agenda. supv remvd THE CITY COUNCIL CONVENED AS THE REDEVELOPMENT AGENCY Convene as AT 8:06 P.M. CRA THE CITY COUNCIL RECONVENED AT 8:08 P.M 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 AZUSA PUBLIC No bus APFA FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Ord./Spec.Res Councilman Naranjo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-C174 APPROVING THE NEGATIVE DECLARATION FOR AMENDMENT NO. 178 TO Appvg Neg Dec THE AZUSA MUNICIPAL CODE PERTAINING TO REQUIREMENTS FOR Code Amend ANTIQUE STORES. No. 178 Moved by Councilman Naranjo, 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, MOSES, NOES: COUNCILMEMBERS: ALEXANDER ABSENT: COUNCILMEMBERS: NONE Councilman Dangleis introduced an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st Rdg Ord REPEALING SECTION 19.80.010(e), AMENDING SECTIONS Code Amend 19.24.030(1) AND 19.27.020(a) AND ADDING 19.04.022 TO THE #178, AZUSA MUNICIPAL CODE PERTAINING TO REQUIREMENTS FOR ANTIQUE Requirements STORES (CODE AMENDMENT NO. 178) Antique Strs Moved by Councilman Dangleis, seconded by Councilman Stemrich and unanimously carried by roll call to waive further reading. Moved by Councilman Naranjo, seconded by Councilman Stemrich and carried by roll call to introduce the Ordinance. Mayor Moses abstaining and Councilman Alexander dissenting. Councilman Dangleis offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-C175 APPROVING THE NEGATIVE DECLARATION FOR AMENDMENT NO. 179 TO Appvg Neg Dec THE AZUSA MUNICIPAL CODE PERTAINING TO REVISED DEFINITION Code Amend FOR DRIVE-IN BUSINESSES. #179 12/02/91 PAGE FOUR t 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 Councilman Dangleis offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st Rdg Ord AMENDING SECTION 19.04.180 TO THE AZUSA MUNICIPAL CODE Code Amend PERTAINING TO A REVISED DEFINITION FOR DRIVE-IN BUSINESSES #179 (CODE AMENDMENT NO. 179). Definition Drive-in Moved by Councilman Dangleis, seconded by Councilman Businesses Stemrich and unanimously carried by roll call to waive further reading and introduce the Ordinance. Councilman Stemrich offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-C176 APPROVING THE NEGATIVE DECLARATION FOR AMENDMENT NO. 180 Appvg Neg Dec TO THE AZUSA MUNICIPAL CODE PERTAINING TO REGULATION OF Security Bars SECURITY BARS IN COMMERCIAL AND INDUSTRIAL AREAS. in Commercial Areas Moved by Councilman Stemrich, seconded by Councilman Naranjo Code Amend to waive further reading and adopt. Resolution passed and #180 adopted by the following vote of .the Council: AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilman Stemrich offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING 1st Rdg Ord 19.40.020 TO THE AZUSA MUNICIPAL CODE PERTAINING TO THE Code Amend REGULATION OF SECURITY BARS IN COMMERCIAL AND INDUSTRIAL #180 AREAS (CODE AMENDMENT NO. 180). Sec Bars Moved by Councilman Stemrich, seconded by Councilman Naranjo and unanimously carried by roll call to waive further reading and introduce the ordinance. Councilman Dangleis offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CONDITIONAL USE PERMIT C-415 EXTENDING THE TIME FOR THE RESIDENTIAL USE OF PROPERTY LOCATED AT 324-350 WEST FOOTHILL BOULEVARD. Moved by Councilman Dangleis, seconded by Councilman Naranjo 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 Res. 91-C177 Conditional Use Permit #C-415 Petersen Community Development Director Bruckner presented the Comments proposed mobilehome park rent stabilization ordinance, as Comm Dev Dir amended, to Council for discussion and handling. City Attorney addressed the issue requesting clarification Comments from mobilehome park owners regarding the proposed rent City Attny stabilization ordinance and clarifying his evaluation of the proposed ordinance, further stating that no Environmental Impact Report is required. 12/02/91 PAGE FIVE Mr. Brent Swanson, Attorney for the Azusa Mobilehome Park Comments Association, addressed the issues of legality, cost, vacancy B. Swanson control, and several sections of the proposed mobilehome Rent Stabili- park rent stabilization ordinance, that he felt were grounds zation Ord for legal concern and without justification. He recommended the La Verne ordinance as an alternative to the proposed ordinance and suggested that a negative declaration be performed as well as a rent freeze. Discussion was held among Councilmembers regarding the Discussion validity of Mr. Swanson's statements, legal issue regarding the proposed ordinance and possible agreements between mobilehome park owners and residents. Mr. Al Turchek, representative of the mobilehome park A. Turchek residents addressed the issue clarifying some sections of Comments the proposed ordinance as well as some issues raised by Mr. Swanson. Mrs. Barbara Knaus addressed the issue responding to B. Knaus comments made by Mr. Swanson as well as clarifying sections Comments of the proposed mobilehome rent stabilization ordinance. She assured Council that there is a real need for some kind of control in mobilehome parks, citing many residents and their situation in dealing with increasing rents and unfair treatment. It was consensus of Council to recess for approximately five minutes. A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-180 AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Clsd Sess THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON DECEMBER 2, 1991. Moved by Councilman/Director Naranjo, seconded by Councilman/Director Dangleis 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: 9:37 P.M. Recess THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED AT Reconvened 10:25 P.M. THE REDEVELOPMENT AGENCY ADJOURNED AND THE CITY COUNCIL CRA CONTINUED AT 10:26 P.M. adjourned Discussion was held regarding amendment to the proposed Discussion ordinance regarding rent stabilization, the section to be rent stable amended is 5.56.060. Ord Councilman Naranjo introduced an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st Rdg Ord AMENDING THE AZUSA MUNICIPAL CODE AT SECTION 5.12.070 AND Mobilehome ADDING CHAPTER 5.56 RELATING TO MOBILEHOME PARK RENT rent stabili- STABILIZATION. zation 12/02/91 PAGE SIX r TIME OF RECESS: 9:20 P.M. Recess THE CITY COUNCIL RECONVENED AT: 9:35 P.M. Reconvend THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT Cncl/CRA AGENCY AT 9:36 P.M. Councilman/Director Naranjo convened offered a Resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-180 AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Clsd Sess THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON DECEMBER 2, 1991. Moved by Councilman/Director Naranjo, seconded by Councilman/Director Dangleis 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: 9:37 P.M. Recess THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED AT Reconvened 10:25 P.M. THE REDEVELOPMENT AGENCY ADJOURNED AND THE CITY COUNCIL CRA CONTINUED AT 10:26 P.M. adjourned Discussion was held regarding amendment to the proposed Discussion ordinance regarding rent stabilization, the section to be rent stable amended is 5.56.060. Ord Councilman Naranjo introduced an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st Rdg Ord AMENDING THE AZUSA MUNICIPAL CODE AT SECTION 5.12.070 AND Mobilehome ADDING CHAPTER 5.56 RELATING TO MOBILEHOME PARK RENT rent stabili- STABILIZATION. zation 12/02/91 PAGE SIX r Moved by Councilman Naranjo, seconded by Councilman Alexander 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. SCHEDULED ITEMS PUBLIC HEARING - on Code Amendment No. 175, Creation of a Planned Unit Development (PUD) zone and modification of deep lot requirements. 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 November 14, 1991. Community Development Director Bruckner addressed the issue stating that a PUD zone ordinance allows for flexibility in the application of requirements of lot sizes and would allow only single-family residential projects with a conditional use permit, zone change and general plan amendment. He further stated that the standards include a minimum area of one acre for a PUD project, minimum lot sizes of 3,000 square feet, open space consisting of 30% of the total area, and minimum floor area of 1,000 square feet. He addressed the issue of deep lots, suggesting that the deep lots which meet current development standard be allowed to be subdivided and that older deep lots which are developed with four or more units per parcel should not be allowed to be split. Waive further reading Introduced Sched. Items Pub Hrg PUD zone Hrg open Comments Comm Dev Dir PUBLIC HEARING - on Code Amendment No. 176, revised Councilmembers discussed the issue of deep lots requesting Discussion Code Amend that staff Councilman look directly at R2 Stemrich, seconded lots. It was then moved by by Councilman Naranjo and Hrg Continued 1st Mtg in the affidavit of proof of publication of notice of said unanimously carried by roll call to continue the Public February Community Development Director addressed the issue stating Hearing to the first meeting in February, 1992. inches within the required front yard setback or the first PUBLIC HEARING - on Code Amendment No. 176, revised Pub Hrg fence and wall height requirements. Code Amend 176 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 November 14, 1991. Community Development Director addressed the issue stating Comments that currently fences and walls cannot exceed a height of 42 Comm Dev Dir inches within the required front yard setback or the first Fence & Wall five feet of a street side yard setback. This has proven to Height requir be inconvenient for many residents, as it reduces the security and privacy for their homes. The Planning Commission has recommended that the maximum height be raised to six feet (6'), with several exceptions. in addition, solid or opaque portions of fences and walls in the front yard setbacks should be limited to 30% of the entire fence or wall length. After discussion, it was moved by Councilman Stemrich, Hrg Clsd seconded by Councilman Dangleis and unanimously carried by ' roll call to close the Hearing. Moved by Councilman Naranjo, seconded by Councilman Stemrich Code Amend and unanimously carried by roll call to uphold Planning Appvd Commission's approval of said amendment and direct the City Attorney to prepare the necessary documents. PUBLIC HEARING - on Code Amendment No. 181, requirement Pub Hrg for on and off Site sales of Alcoholic Beverages. Code Amend #181 12/02/91 PAGE SEVEN The Mayor declared the Hearing open. The City Clerk read the Hrg opened affidavit of proof of publication of notice of said Hearing published in the Azusa Herald on November 14, 1991. Community Development Director Bruckner addressed the issue Comments stating that this code amendment would set requirements for Comm Dev Dir on and off site sales of alcoholic beverages in mini -markets and liquor stores, as well as setting guidelines for the review of uses within the C3 zone. Mr. Art Morales addressed the Hearing stating that gas Comments prices in service stations that sell only gas are lower. A. Morales Moved by Councilman Dangleis, seconded by Mayor Moses and Hrg closed unanimously carried by roll call to close the Hearing. Moved by Councilman Stemrich, seconded by Councilman Naranjo Code Amend and unanimously carried by roll call to uphold Planning Appvd Commission's approval of said amendment and direct the City Attorney to prepare the necessary documents. PUBLIC HEARING - on Fire Assessment and Community Pub Hrg Maintenance Assessment District: Reduction of Fees. Assessements The Mayor declared the Hearing open. The City Clerk read Hrg Open the affidavit of proof of publication of notice of said COLLECTION Hearing published in the San Gabriel Valley Tribune on OF THE FIRE SUPPRESSION November 22, 1991. AND Director of Finance addressed the Hearing advising that the Comments purpose for the Hearing is for the elimination of fees being Dir of charged under the City's Community Maintenance and Fire Finance Safety Assessment Districts. FEES) AND REDUCING Discussion was held among Councilmembers and staff regarding Discussion funds that will be used to off -set the elimination of these fees as well as the remaining projects that need to be completed. It was specified that the Edison refunds and interest will not be utilized to off -set the fees, but it was suggested that surplus from the Light fund might be considered. Mr. Louis Zamora addressed the issue apprising Council and Comments audience of the reasons for the Blue Ribbon Committee, of L. Zamora which he was a member. He suggested that the City is still operating at a deficit and using the electric funds in order to balance its budget. Discussion was again held among Councilmembers regarding the Discussion need for elimination of the assessment fees. Mr. Art Morales addressed the Hearing expressing his views Comments regarding the Blue Ribbon Committee. A. Morales Mr. Ronald Legault addressed the Hearing expressing his Comments views regarding the Blue Ribbon Committee and the assessment R. Legault fees. Moved by Councilman Dangleis, seconded by Councilman Hrg Clsd Alexander and unanimously carried by roll call to close the Hearing. Councilman Alexander offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-178 REVISING CERTAIN REPORTS CONCERNING THE LEVY AND COLLECTION Reducing OF THE FIRE SUPPRESSION BENEFIT ASSESSMENTS AND THE CITY OF Assessement AZUSA LANDSCAPING AND LIGHTING DISTICT NO. 1 ASSESSMENTS Fees (COMMUNITY MAINTENANCE FEES) AND REDUCING THE AMOUNTS OF THE ASSESSMENTS THEREOF. 12/02/91 PAGE EIGHT Moved by Councilman Alexander, seconded by Mayor Moses to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: NOES: ABSENT: STEMRICH, NARANJO, ALEXANDER, MOSES DANGLEIS NONE After further discussion, it was moved by Mayor Moses, Further seconded by Councilman Alexander and unanimously carried by discussion roll call that staff prepare a list of projects that will Prepare list be affected by reduction of the assessemnt fees. of prjects Mr. Art Morales addressed Council updating them on the Comments status of Freeman's Towing Company, currently doing business A. Morales in the City. Lengthy discussion was held regarding the towing companies Discussion in the City. Chief of Police Nelson addressed Council Towing Agmts stating that if a company does not abide by the agreement $100 to 3rd with the City and/or continues not to abide by an agreement Annual Latino the contract will be re-evaluated but that at the present Conference there have been no complaints against any towing company in the City. Moved by Councilman Stemrich, seconded by Mayor Moses and Amendments unanimously carried by roll call to approve the amended tow appvd contract as presented by staff. Discussion was held regarding consideration of several Discussion amendments to the Municipal Code relating to the licensing License Fees 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. Moved by Mayor Moses, seconded by Councilman Stemrich and Motel to unanimously carried by roll call to shift motel tax from per Gross unit to gross receipts. Receipts Moved by Mayor Moses, seconded by Councilman Stemrich and Item Cont unanimously carried by roll call to continue discussion and further action on this item to the next Council meeting. Moved by Councilman Naranjo, seconded by Councilman Stemrich Sponsorship and unanimously carried by roll call that the City sponsor $100 to 3rd $100 for the 3rd Annual Latino Youth Conference to be held Annual Latino at Citrus College on March 17, 1992. Conference OTHER BUSINESS/CITY COUNCIL Oth Bus/Cncl Mr. Art Morales addressed Council expressing his opinion A. Morales regarding need for a stop sign at the intersection of 5th comments and Dalton. Moved by Mayor Moses, seconded by Councilman Naranjo and Traffic stop carried by roll call that a traffic stop sign be placed at sign 5th & the intersection of 5th and Dalton. Councilman Dangleis Dalton dissenting. Councilman Alexander offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 91-C179 APPOINTING WILLIAM EVERTON TO THE CULTURAL AND HISTORICAL W. Everton LANDMARK COMMISSION. Cult & Hist Landmark Moved by Councilman Alexander, seconded by Mayor Moses to Commission waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: 12/02/91 PAGE NINE 1 AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Moved by Mayor Moses, seconded by Councilman Alexander and Svs charge unanimously carried by roll call that item regarding service on Utility charge on utility bills be researched further by bills Councilmembers. Moved by Mayor Moses, seconded by Councilman Stemrich and Procs to unanimously carried by roll call that proclamations be S. Dashew, prepared for Stanley A. Dashew, Jack Gorby, Owners, and Bob J. Gorby & Clifford, General Manager of the Foothill Vista Mobile Home B. Clifford Park. Moved by Councilman Stemrich, seconded by Mayor Moses and Buy back of unanimously carried by roll call that the Police Department firearms be authorized to use five thousand dollars from their asset seizure account to be used to pay for handguns and other firearms that are in operable condition, turned in by the residents of Azusa. Moved by Councilman Alexander, seconded by Mayor Moses and Adjourn unanimously carried by roll call to adjourn. TIME OF ADJOURNMENT: 12:38 A.M. NEXT NEXT ON NO. 91-C181 NO. 91-017 12/02/91 PAGE TEN