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HomeMy WebLinkAboutMinutes - April 6, 1992 - CC (2)CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING APRIL 6, 1992 - 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. John Ortega. INVOCATION was given by Reverend John Sims of the Invocation Prevailing Word Ministry. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT Also Present City Attorney Wadden, City Administrator Garcia, Director of Finance Craig, Police Chief Nelson, Community Development Director Bruckner, Community Services Director Guarrera, Utilities Director Hsu, Assistant City Librarian Maghsoudi, Superintendent of Public Works Pedroza, Administrative Analyst Dadaian, Emergency Services Coordinator Putrino, Redevelopment Director Steel, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Toscano. Ceremonial The entire Council presented a proclamation to Don Carmen Proc to Mosqueda in celebration of his 100th birthday. Mosqueda It was consensus of Council to recess for approximately ten minutes in order to have cake with Mr. Mosqueda. TIME OF RECESS: 7:40 P.M. Recess THE CITY COUNCIL RECONVENED AT 7:50 P.M. Reconvened Councilman Naranjo presented a proclamation to Emergency Proc for Services Coordinator Elizabeth Putrino, proclaiming the Earthquake month of April as "Earthquake Preparedness Month" in the Preparedness City of Azusa. Month Councilman Stemrich presented a proclamation to Mr. Gary Proc for Fujimoto, representative of the E1 Monte Comprehensive Public Health Health Center, proclaiming April 6 - 12, 1992, as "Public Week Health Week". Moved by Councilman Alexander, seconded by Mayor Moses and unanimously carried by roll call that item M-2 be brought forward for handling at this time. PUBLIC HEARING - on appeal of Sierra Village Homeowners Association of Variance V-92-2 and Precise Plan of Design P- 92-8 for the property located at 904 W. Tenth Street. Item M-2 brt fwrd Pub Hrg Sierra Vlge Homeowners Assoc 904 W. Tenth The Mayor declared the Hearing open. The City Clerk read Hrg open the affidavit of proof of publication of said hearing published in the Azusa Herald on March 26, 1992 and the proof of posting said property also on March 26, 1992. He also read communication from Mr. Cris A. Klingerman, attorney for the appellant requesting a continuance in order to allow preparation for proper representation of the Homeowners Association. Moved by Councilman Dangleis, seconded by Councilman Hrg cont to 'Stemrich and carried by roll call to continue the Hearing to 5/4/92 May 5, 1992. Mayor Moses and Councilman Alexander dissenting. It was consensus of Council to recess for approximately five minutes. TIME OF RECESS: 8:01 P.M. Recess THE CITY COUNCIL RECONVENED AT: 8:05 P.M. Reconvened PUBLIC PARTICIPATION Pub.Prtc. Ms. Mecky Myers addressed Council introducing Myers and M. Myers Associates, her organization which deals with services for Senior Cit senior citizens. She stated that the organization provides Services conferences, workshops and several different programs for seniors. Moved by Mayor Moses, seconded by Councilman Alexander and Staff to unanimously carried by roll call that Ms. Myers meet with meet w/Myers staff and provide a presentation regarding her services. 'Mr. Gene Haffke, owner of Magnum Towing addressed Council G. Haffke inquiring whether or not he is under investigation by the Magnum Towing City. He stated -that a newspaper article accused his comments company of using various illegal business practices and that this was false. Mayor Moses advised him to submit his questions in writing Mayor/Naranjo to the City for a proper response. Councilman Naranjo also comments advised Mr. Haffke that in response to a complaint by a resident, his company was researched for proper licenses, but was not being investigated by the City. Mrs. Frances Gonzales addressed Council with an invitation F. Gonzales to the let Anniversary celebration of the Sociedad Sociedad Progresista New Youth Lodge #46 to be held on May 2, 1992 at Progresista the Woman's Club. There will be Aztec and Maya exhibits and New Youth a dinner/dance. Lodge Moved by Councilman Alexander, seconded by Mayor Moses and Alexander failed by roll call that Councilman Alexander be permitted comments to express his personal comments on a pending lawsuit against the City. Councilmen Dangleis, Stemrich and Naranjo dissenting. The CONSENT CALENDAR consisting of Items 1 through 19 was Cons Cal approved by motion of Councilman Stemrich, seconded by appvd, G-17 Councilman Naranjo and carried by roll call vote, Spec Call with the exception of item G-17, which was considered under the Special Call portion of the Agenda. 1. The Minutes of the regular meeting of March Min appvd 16, 1992, were approved as written. 04/06/92 PAGE TWO 1-1 2. Human Resources Action Items were approved as follows: EMPLOYEE STEP INCREASE AND PERMANENT STATUS RECOMMENDATIONS NAME STATUS M. Padilla PermStat NEW APPOINTMENTS NAME/CLASSIFICATION R. Cortez, Tree Trimmer NAME/CLASSIFICATION None TERMINATIONS NAME/CLASSIFICATION None 04/08/92 EFFECTIVE 04/07/92 3. Project No. 91-05, Woman's Club reroofing, has been sucessfully completed by Stone Roofing in accordance with the specifications of the contract. The project was accepted as complete, authorization was given to execute the Notice of Completion and the City Clerk was directed to have same recorded. 4. Bid opening was held in the Office of the City Clerk on March 24, 1992, for the construction of a new Picnic Shelter at Zacatecas Park. Five bids were received. The Contract was awarded to Packard Construction, low bidder, in the amount of $29,200.00; authorization was given to execute the contract and the City Clerk was directed to return the unsuccessful bidders' guarantees. 5. Bid opening was held in the Office of the City Clerk on March 24, 1992, for the purchase of a 1991 F800 Chassis Cab with an 1800 -gallon water tank. One bid was received without a bidders' bond. The sole bid was rejected and the City Clerk was directed to readvertise for bids stating that a Bidders' Bond is not necessary. 6. In May of 1981, the Cities of Anaheim, Azusa, Banning, Colton, Riverside, the Northern California Power Agency and Sacramento Municipal Utility District jointly entered into an agreement, called the Feather River Licensing Application Agreement to study and file a consolidated competing license application to own and operate a hydroelectric project. Sacramento Municipal Utility District has terminated its participation in the agreement and the remaining parties entered into Amendment No. 1 to the Feather River Licensing Application Agreement and its execution was authorized. 7. In September 1982, the Cities of Anaheim, Azusa, Banning, Colton, Riverside, The Northern California Power Agency and the Sacramento Municipal Utility District jointly entered an agreement called the Haas - Kings River Project Licensing Application Agreement to study and file a consolidated competing license application to own and operate a hydroelectric project. Sacramento Municipal Utility District has terminated 04/06/92 PAGE THREE Pers Items Step inc./ perm status Appointments Promotions Terminations Notice of Completion Stone Roofing Bid Open picnic shelter Zacatecas Pk Packard Construction Bid open 1991 Chassis Cab bids rejected readvertise Feather River Licensing Agmt Amend #1 Haas -Kings River Lic- ensing Agmt Amend #2 participation in the Agreement. The remaining parties have entered into Amendment No. 2 to the Haas -Kings River Project Licensing Application Agreement and its execution was authorized. 8. Approval was given to an employee of the Consumer Vacation Service Division to cash in 40 hours of vacation time cash in due to unexpected expenses. 9. Approval was given to an employee of the Community Six month lv Improvement Division for a six month leave of absence of absence without pay due to pregnancy, effective June 11, 1992 through December 11, 1992. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, Res. 92-C37 CALIFORNIA, DENYING AN APPEAL OF ABATEMENT OF ABANDONED denying appl SIGNS AT 585-647 EAST FOOTHILL BOULEVARD. abnd signs 11. Proclamation for Mr. Jim Van Horn, out -going President Proc to of the California Contract Cities Association, J. Van Horn recognizing the service he has provided cities and local government over the years was approved. 12. The City of Azusa has participated in the Community CDBG amend to Development Block Grant Program (CDBG) since 1974 and agmt 1992-93 has received funding for various projects. A contract FY Amendment was approved allocating additional funds to the original contract for the 1992-93 fiscal year and its execution was authorized. 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, Res. 92-C38 CALIFORNIA, DENYING AN APPEAL OF A DECLARATION OF denying app PUBLIC NUISANCE AND ORDER TO ABATE REGARDING PROPERTY pub nuis LOCATED AT 626 W. BAYLESS STREET. 626 Bayless 14. Bid Opening was held in the Office of the City Clerk on March 30, 1992, for Project LD92-2, Breaker and Relay Testing, Inspection and Service. Three bids were received. The contract was awarded to Westinghouse Engineering Services, Inc., low bidder, in the amount of $34,354 including tax; its execution was authorized and the City Clerk was directed to return the unsuccessful bidders' guarantees. Bid open Prj LD92-2 Westinghouse Engineering Services, Inc. 15. Formal bidding procedures were waived pursuant to the Purchase Municipal Code for the purchase of a mobile radar mobile radar display trailer for the Police Department from The trlr PD Mobile Traffic Zone, in the amount of $7,055.09. 16. Formal authorization was given to the City Attorney to proceed with Civil Action to abate the nuisance conditions at the Balboa Apartments in the 600 block of North Cerritos Avenue; further formalizing authorization for the City Attorney to recover cost and attorney's fees. 17. SPECIAL CALL ITEM. 18. The City Treasurer's report showing a balance of $23,097,564.64, as of February 29, 1992, was received and filed. 19. Resolution authorizing payment of warrants by the City was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. 04/06/92 PAGE FOUR Authoriza- tion Civil Action Balboa Apts Spec call Treasurer's Report Res. 92-C39 warrants SPECIAL CALL ITEMS Spec Call Councilman Dangleis addressed communication from the Azusa Azusa Alumni Alumni Association regarding the Hispanic Weekend Hispanic Celebration to be held on May 28th through May 31st. He Weekend stated that the use of Memorial park for that weekend would conflict with Colt League Baseball Season at that park. Moved by Councilman Dangleis, seconded by Mayor Moses and referred to unanimously carried by roll call that this item be referred staff to staff for reconsideration and solution. THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT Cncl/Cra AGENCY AT 8:31 P.M. convene Councilman/Director Naranjo offered a Resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT Res. 92-C40 AGENCY OF THE CITY OF AZUSA, CALIFORNIA, AMENDING RESOLUTION Rules of 92-C29 REGARDING RULES OF ORDER FOR THE CONDUCT OF CITY Order COUNCIL AND AGENCY BOARD MEETINGS. Moved by Councilman/Director Naranjo, seconded by Councilman/Director Stemrich to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council/Agency: AYES: COUNCILMEMBERS/DIRECTORS: DANGLEIS, STEMRICH, NARANJO NOES: COUNCILMEMBERS/DIRECTORS: ALEXANDER, MOSES ASSENT:COUNCILMEMBERS/DIRECTORS: NONE The County of Los Angeles Community Development commission (CDC) is inviting local governments to participate in its FNMA home improvement revenue bond program. Under this bond program, homeowners can borrow up to $15,000 for home improvements. This program would increase the City's ability to address overcrowding and seriously substandard conditions. Councilman Naranjo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE CITY'S PARTICIPATION IN A HOME IMPROVEMENT LOAN PROGRAM, AUTHORIZING THE EXECUTION OF A COMMITMENT AGREEMENT IN CONNECTION THEREWITH AND AUTHORIZING AN APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE FOR AN ALLOCATION FOR THE ISSUANCE OF QUALIFIED MORTGAGE BONDS AND THE TRANSFER OF SUCH ALLOCATION TO THE SOUTHERN CALIFORNIA HOME FINANCING AUTHORITY OR THE COUNTY OF LOS ANGELES, AS APPROPRIATE. Res. 92-C41 Participa- tion in Home Improvement Loan Program THE CITY COUNCIL RECONVENED AT 9:36 P.M Reconvened 04/06/92 PAGE FIVE 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, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Moved by Councilman/Director Naranjo, seconded by Allocation Councilman/Director Stemrich and unanimously carried by Commitment roll call to approve allocation of $18,000 from Agency low fee and moderate income housing fund for commitment fee. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Cncl recess CONTINUED AT 8:33 P.M. CRA cont. THE CITY COUNCIL RECONVENED AT 9:36 P.M Reconvened 04/06/92 PAGE FIVE 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 AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS NONE SCHEDULED ITEMS No bus IDA No bus APFA Ord./Spec.Res None Sched. Items PUBLIC HEARING - on extension of Urgency Ordinance Pub Hrg establishing moratorium on construction of multi -family mora constr residential projects. multi-fam prj 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 March 19, 1992. Community Development Director Bruckner addressed the Comm Dev Dir Hearing stating that on February 18, 1992, the Council testimony adopted an Urgency Ordinance imposing a moratorium on the construction of multi -family residential projects in Azusa for forty five days. He stated that staff has conducted an inventory of all land uses and affected parcels in the community and is now ready to proceed with the analysis and formulative recommendation to the Council and needs an extension of the urgency ordinance. Testimony was solicited, but none was received. testimony solicited 'Moved by Councilman Stemrich, seconded by Councilman Naranjo and unanimously carried by roll call to close the Hearing. Councilman Stemrich offered an Urgency Ordinance entitled: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Ord. 92-013 AZUSA EXTENDING ORDINANCE NO. 92-011, PROHIBITING ALL extending RESIDENTIAL LAND USE ENTITLEMENTS FOR NEW HOUSING UNITS FOR moratorium ALL THOSE PROPERTIES WITHIN THE CITY OF AZUSA ZONED R -3a, R- prohibiting 3b, AND R -3c, AND P EXCEPTING SINGLE FAMILY AND DUPLEX all residen- UNITS, THOSE PROPERTIES WHICH HAVE ALREADY RECEIVED BUILDING tial land PERMITS, AND THOSE PROJECTS APPROVED BY THE REDEVELOPMENT use entlmts AGENCY BOARD, FOR A PERIOD OF TEN MONTHS AND FIFTEEN DAYS PENDING THE COMPLETION OF A STUDY CONCERNING DENSITY AND DEVELOPMENT STANDARDS FOR SUCH ZONES AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITY'S GENERAL PLAN AND/OR MUNICIPAL CODE REQUIRED THEREBY, AND DECLARING THE URGENCY THEREOF. Moved by Councilman Stemrich, seconded by Councilman Naranjo to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES COUNCILMEMBERS: NONE 'NOES: ABSENT: COUNCILMEMBERS: NONE PUBLIC HEARING - on appeal of a Variance No. V-92-3 and Pub Hrg Precise Plan of Design P-92-17, Ethel M. Bingo, 916 East Appl V-92-3 Nearfield Street. & P-92-17 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 March 26, 1992, and affidavit of proof of posting of said property on March 26, 1992. 04/06/92 PAGE SIX Moved by Mayor Moses, seconded by Councilman Naranjo and Appeal unanimously carried by roll call to grant the appeal and granted direct the City Attorney to prepare the necessary documents. ' OTHER BUSINESS/CITY COUNCIL Oth Bus/Cncl NONE THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT CRA convened AGENCY AT 8:49 P.M. w/Cncl Councilman/Director Naranjo offered a Resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #92-C42 AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Closed Sess THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON APRIL 6, 1992. 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: 8:50 P.M. Recess THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED AT Reconvened 9:12 P.M. An item of subsequent need arose and it was moved by Item of sub- Councilman/Director Naranjo, seconded by Councilman/Director sequent need Stemrich and carried by roll call to agendize the item. Councilman/Director Alexander dissenting. 04/06/92 PAGE SEVEN Community Development Director Bruckner addressed the Comm Dev Dir Hearing stating that this is a request to legalize a testimony converted two -car garage by request of a variance and precise plan of design, which the Planning Commission denied. He stated that the conversion was made years ago and the assessor's office has recognized it since 1969, but no permits or inspections were processed by the City. In 1986, through a real property records report it was discovered and referred to the City Administrator's office, but was not settled. He recommended denial of the request ' and that the property be converted to its original use. Ms. Carol Newbrough, daughter of Mrs. Bingo, addressed C. Newbrough Council stating that in 1955 the home was used as a sales testimony office for the homes in the tract and that when her parents purchased the home in 1956, the office was never converted to a garage. In 1969 the assessor's office recognized it as living space and added it tho the tax rolls. Further, that many improvements have been made to the home and neighbors do not object to the variance. She stated that in 1987 communication was received from the City indicating that research was being conducted by the City but the applicant heard nothing further. She stated that a conversion at this time would cause great hardship on her mother. Discussion was held between Councilmembers regarding the Discussion facts concerning this conversion. Moved by Councilman Naranjo, seconded by Councilman Stemrich Hrg clsd and unanimously carried by roll call to close the Hearing. Moved by Mayor Moses, seconded by Councilman Naranjo and Appeal unanimously carried by roll call to grant the appeal and granted direct the City Attorney to prepare the necessary documents. ' OTHER BUSINESS/CITY COUNCIL Oth Bus/Cncl NONE THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT CRA convened AGENCY AT 8:49 P.M. w/Cncl Councilman/Director Naranjo offered a Resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #92-C42 AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Closed Sess THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON APRIL 6, 1992. 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: 8:50 P.M. Recess THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED AT Reconvened 9:12 P.M. An item of subsequent need arose and it was moved by Item of sub- Councilman/Director Naranjo, seconded by Councilman/Director sequent need Stemrich and carried by roll call to agendize the item. Councilman/Director Alexander dissenting. 04/06/92 PAGE SEVEN Moved by Councilman/Director Naranjo, seconded by Councilman/Director Stemrich and carried by roll call that the City Attorney's Office be employed to represent all defendants named in the lawsuit, Dennis Mack vs. the City of Azusa, to include Councilmembers, members of staff, individuals or Doe, Chief of Police and the Planning Department staff. Mayor/Chairman Moses abstaining and Councilman/Director Alexander dissenting. Councilman/Director Stemrich requested that the City Administrator notify the Press of the previous action that was taken. City Atty to represent defendants Mack vs City Stemrich comments Councilman/Director Alexander voiced his objection to the Alexander previous action stating that the City's budget should not be comments subjected to the lawsuit without further investigation. Moved by Councilman/Director Dangleis, seconded by Adjourn Councilman/Director Stemrich and unanimously carried to adjourn to Tuesday, April 21, 1992, at 7:30 P.M., for the reorganization meeting. TIME OF ADJOURNMENT: 9:15 P.M. ' CITY CLERK i1 NEXT RESOLUTION NO. 92-C43 NEXT ORDINANCE NO. 92-014 04/06/92 PAGE EIGHT