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HomeMy WebLinkAboutMinutes - September 21, 1992 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEMBER 21, 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. INVOCATION was given by Chaplain Gilbert Becerril of the Invocation Pathfinders Veterans Outreach. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: DANGLEIS, MADRID, NARANJO, ALEXANDER, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT Also Present Interim City Attorney Barbosa, City Administrator Garcia, Chief of Police Nelson, Utilities Director Hsu, Community Development Director Bruckner, Director of Finance Craig, Director of Community Services Guarrera, Superintendent of Public Works Pedroza, Acting City Librarian Maghsoudi, Administrative Analyst Dadaian, Accounting Supervisor Sanders, Redevelopment Director Steel, City Clerk Solis, Deputy City Clerk Toscano. Ceremonial Mr. Joseph Muscato of the Azusa Drug and Gang Task Force J. Muscato addressed Council and audience presenting an anti -gang, Drug & Gang anti-drug video created by and featuring the youth that were Task Force involved in the Task Force summer program. presentation Councilman Naranjo acknowledged the youth, their families Naranjo and all the volunteers who have contributed to the success comments of the program. He then advised that Mr. Cliff Hamlow of Azusa Pacific University would be the new Chairman of the Azusa Drug and Task Force Board of Directors, beginning December 14, 1992. Chief of Police Nelson addressed Council and audience COP Nelson advising that the Police Department has been working in anncmt cooperation with Cencom Cable Television in putting together a series of programs about the Azusa Police Department, called Beat of Azusa, further stating that the program will air on 9/23 at 7:30 p.m., 9/29 at 9:30 p.m., and 10/1 at 7:30 p.m. SCHEDULED ITEMS PUBLIC HEARING - to receive and consider all evidence and Pub Hrg reports relative to the Community Maintenance and Fire Comm Maint & Safety Assessment Districts. Fire Assmts The Mayor declared the Hearing open. The City Clerk read the Hrg open affidavit of proof of publication of notice of said Hearing, published in the San Gabriel Valley Tribune on September 11th and 16th, 1992. The City Clerk further advised that twelve letters had been Protest received in opposition to the assessments, one letter in letters favor and one telephone call against the assessments. He received further advised that 15,000 notices of the Public Hearing (12), (1) were sent out to the community and 225 were returned due to in favor no forwarding address. City Administrator Garcia addressed Council and audience City Admin advising that through a series of workshops, of which input advice was received from the public and Council, staff was prepared to present proposals to enhance the revenues for the City. Director of Finance Geoff Craig addressed Council and audience with a slide presentation on the revised revenue and appropriations for the 1992-93 and 1993-94 fiscal years. He explained, in detail, the need for additional revenues for the City as well as the impact of the recently approved State budget. He presented four revenue measure alternatives as follows: (1) Assessments based on front footage (adopted by City Council July 20, 1992), (2) Combination of presently suspended old assessment method and an 8.9% electric rate increase, (3) 15% electric rate increase, and, (4) Combination of presently suspended old assessment method and a 5% utility users tax on electric, water and gas utilities, but provide exemption for low income, seniors and disabled. Dir of Fin presentation Mr. Robert Law addressed the issue expressing his opposition R. Law to the assessment fees and stating that he would not be comments able to claim the fee on his income taxes. Mr. Lyle Gates addressed the issue stating that since every L. Gates person in the City will use the Fire services they should comments support the cost. He suggested that the City enact a 1$ sales tax. Ms. Monica Linsin, Chamber representative addressed Council M. Linsin and read into the record a letter from the Azusa Chamber of comments Commerce expressing its opposition to any additional fee increases, but, that in the event that the fee increase is inevitable and must be passed to support City services, they requested that Proposal #4 be considered. Mr. Carrel Cline addressed the issue expressing his opinion C. Cline in favor of the assessment fees and in favor of option #4. comments Mr. Art Morales addressed the issue expressing his A. Morales opposition to the assessment fees. comments Mr. Ray Corcoran addressed the issue expressing his R. Corcoran opposition to the assessment fees. comments Ms. Carol Allen addressed Council reminding Councilman C. Allen Alexander and Mayor Moses of their campaign promises against comments new fees and suggested that staff research the possibility of obtaining revenues from other areas and increasing the swap meet fees. Mr. Ron Legault addressed the Council with comments R. Legault regarding the County Fire Agreement and improvements to City comments alleyways. Mr. David McCrea addressed the Hearing with question D. McCrea regarding CRA construction loans. questions Redevelopment Director Steel responded stating that the CRA Dir. loans were regarding the development of Centennial Square, response which was to consist of possibly a restaurant and retail office spaces. Mr. McCrea suggested that the City re-evaluate the planning D. McCrea of City money due to the recession and dispense with the suggestions proposed restaurant and buildings. Councilman Naranjo and Mayor Moses responded advising that Naranjo & in the past there was a consensus of the community to Moses revitalize the downtown area and that the intent to develop response Centennial Square was proposed to provide additional sales tax and to boost Azusa's economy. 09/21/92 PAGE TWO Mr. Al Turchek addressed the issue expressing his opposition A. Turchek to the assessment taxes, further stating that the City staff comments needs to be more responsible and that the residents can't afford the tax. Ms. Pamela Murray addressed the issue expressing her opposition to the assessment fees as well as the construction of a restaurant. Mrs. Susie Galletta addressed Council summarizing the proposed assessment fees and expressed her opposition to the fees. Mr. Louis Zamora addressed Council, audience and staff commending staff on the excellent research regarding the revenue measures and the consideration that was provided the public for their input. He further commented on the feasibility of increasing extraction tax, and Council input regarding the measures. He stated that he was opposed to all options regarding the assessment fees. P. Murray comments S. Galletta comments L. Zamora comments Mr. Jim McJunkin addressed the issue expressing his J. McJunkin opposition to the assessment fees and suggested that the comments City live within its means. Mr. Wesley Kloepfer addressed the issue in opposition to the W. Kloepfer proposed restaurant and stated that the City should examine comments every expenditure made. Mr. Bob Talley, City Treasurer addressed the issue in favor B. Talley of the assessment fees and utility tax. comments Mrs. Donna Bailey addressed the issue expressing her D. Bailey opposition to the assessment fees. comments Mr. Richard Prado addressed the issue stating that an R. Prado 'independent audit should be conducted. comments Moved by Councilman Dangleis, seconded by Councilwoman Hrg clsd Madrid and carried by roll call to close the Hearing. Councilman Alexander dissenting. Moved by Councilman Naranjo, seconded by Councilwoman Madrid Alternative and carried by roll call that alternative 4, reinstatement 4, appvd of the old assessment fees and a 5% utility tax be approved. Mayor Moses and Councilman Alexander dissenting. Councilman Dangleis offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, Res. 92-C123 CALIFORNIA, ORDERING THE MODIFICATION OF THE METHOD OF Modifying CALCULATING AND COLLECTING ASSESSMENTS IN THE LANDSCAPING method of AND LIGHTING ASSESSMENT DISTRICT NO. 1 (COMMUNITY calculation MAINTENANCE FEE) AND THE FIRE SUPPRESSION BENEFIT ASSESSMENT and collec- DISTRICT IN ACCORDANCE WITH THE ENGINEER'S REPORTS. tion, Comm Maint & Fire Moved by Councilman Dangleis, seconded by Councilman Naranjo Assemt fees to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, MADRID, NARANJO NOES: COUNCILMEMBERS: ALEXANDER, MOSES ABSENT: COUNCILMEMBERS: NONE PUBLIC PARTICIPATION Pub.Prtc. Mr. Louis Zamora addressed Council and introduced Mr. Raul L. Zamora Garcia, vice President of the community action group, The & R. Garcia Staff. Mr. Garcia invited Council and audience to a benefit benefit for dinner/dance for Jesse Ontiveros, a young boy who recently J. Ontiveros lost his arm in an accident. The dinner/dance will be held October 16, 1992 at the Azusa Woman's Club. 09/21/92 PAGE THREE Mr. Ron Legault addressed Council regarding the disposition R. Legault of correspondence addressed to the City. comments Councilman Naranjo responded that all correspondence to the Naranjo City, except that which is marked confidential is public response record and accessible to the public. The CONSENT CALENDAR consisting of Items 1 through 13 was approved by motion of Councilman Dangleis, seconded by Councilman Naranjo and unanimously carried by roll call vote, with the exception of items G-5, G-6, G-9, and G-10, which were considered under the special Call portion of the Agenda. Councilman Naranjo abstained from item G-7. 1. The Minutes of the regular meeting of September 8, 1992, were approved as written. 2. Request of the Recreation Department to allow the placement of a 30' illuminated, inflated pumpkin on the roof top at the Azusa Promenade Shopping Center during the City -sponsored Halloween Haunted House from October 23-31, 1992, was approved and staff was directed to prepare an ordinance amending section 19.50.100 (G-1). Cons Cal appvd G-51 G-6, G-9 and G-10, Spec Call Min appvd Inflated pumpkin at Azusa Prome- nade Center appvd 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 92-C124 PROCLAIMING OCTOBER 4-10, 1992, AS PUBLIC POWER WEEK IN Pub Pwr Week THE CITY OF AZUSA. 4. The California Municipal Utilities Association's Policy Statement recognizes that energy efficiency programs, in general, are a means to alleviate future supply resources and reduce costs, provide a competitive value to customer -owners and to address growing environmental concerns. It was requested that the City endorse the CMUA Policy Statement. The following resolution was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 92-C125 AUTHORIZING THE ENDORSEMENT OF THE CALIFORNIA MUNICIPAL Policy Stmt UTILITY ASSOCIATION'S POLICY STATEMENT FOR A MODEL CMUA ENERGY EFFICIENCY PROGRAM AND MODEL ENERGY EFFICIENCY PROGRAMS. 5. SPECIAL CALL ITEM. 6. SPECIAL CALL ITEM. Spec Call Spec Call 7. Request of Police Officer Robin Green for unpaid leave Lv of absnce of absence due to medical reasons, was approved, appvd effective September 24, 1992, through December 1, 1992. 8. Due to numerous problems with the current caterer providing meals for the Senior Programs, approval was given to allow staff to give a 30 day written notice of contract cancellation to Event Planners West and to negotiate with Canteen, Division of TW Services, Inc., - for continued provision of meals at the same price. 9. SPECIAL CALL ITEM. 10. SPECIAL CALL ITEM. �11. For several months cities in the San Gabriel Valley have been meeting to develop a plan for Light Rail/Commuter Rail from Pasadena to San Bernardino along the Santa Fe Rail right-of-way. Eleven cities/agencies committed to contribute 50% with LACTC funding remainder for a preliminary planning study along the Northern San Gabriel/San Bernardino Valley Transportation Corridor. Azusa's projected share for the EIR is $9,500. The following resolution was adopted: 09/21/92 PAGE FOUR Contract cancellation appvd Spec Call Spec Call Ping stdy Light Rail A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA SUPPORTING THE LIGHT RAIL PROJECT AND COMMITTING THE CITY TO FINANCIALLY PARTICIPATE IN THE PREPARATION OF AN EIR FOR THE CORRIDOR. Res. 92-C126 EIR Light Rail 12. The updated and revised version of the City's Equal Equal Opp/ Opportunity/Affirmative Action Plan was approved. Affir Actn T 13. Resolution authorizing payment of warrants by the City was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 92-C127 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. Ray Corcoran addressed Council expressing his opposition R. Corcoran to the purchase of the electrical distribution facilities by comments the City from Southern California Edison Company. Packard Cc Moved by Councilman Dangleis, seconded by Councilman Naranjo Acquisition and unanimously carried by roll call to approve a statutory Edison offer of $63,750, for the acquisition of the electrical distribution distribution facilities located at 855,871,873,875 and 877 facilities S. Citrus Avenue and 893 E. Arrow Highway from the Southern appvd California Edison Company and authorize initiation of comments condemnation proceedings. Mr. Ray Corcoran addressed Council requesting clarification R. Corcoran of the funding for computer hardware and software for the comments Library. Acting City Librarian Maghsoudi responded stating that the Actg Cty Lib funding for the computer software and hardware is coming response from the State Public Library Fund that the City has been saving for the past six years. Further, the State has set aside these funds to maintain Library services and that this will not affect the General Fund. Moved by Councilman Dangleis, seconded by Councilman Naranjo Agmts w/INLEX and unanimously carried by roll call to award contracts to & Hewlett both Hewlett Packard Company and INLEX Company for computer Packard Cc hardware and software, in the amount of $119,301.00. It was appvd further stipulated that in the event that the funds for this project cannot be funded through the Public Library Funds, the item will come back to Council for reconsideration. Mr. Jim McJunkin addressed Council requesting clarification J. McJunkin on why the City did not go out to bid on the purchase of two comments new vehicles in the Police Department. He further stated that it would be a positive policy to go out to bid on most of the City purchases. Chief of Police Nelson responded that an informal bidding COP Nelson procedure was utilized in the purchase of two new police response vehicles and saved the City one thousand dollars on each ,vehicle. Further, that the Police Department usually obtains vehicles by going with the State or County through a purchase order and that they do go through the sealed bidding process. Councilwoman Madrid addressed item G-10, congratulating all Madrid Congra City employees that were listed for step increases and to Cty empl permanent status and new appointment recommendations. It was then moved by Councilman Dangleis, seconded by Councilwoman Madrid and unanimously carried by roll call to approve the following: 09/21/92 PAGE FIVE 10. Human Resources Action Items were approved as follows: Pers Items EMPLOYEE STEP INCREASE AND PERMANENT STATUS Step inc./ RECOMMENDATIONS perm status NAME STATUS EFFECTIVE J. Sanchez Step 3 09/05/92 NEW APPOINTMENTS Appointments NAME/CLASSIFICATION EFFECTIVE A. Prestin, Rec Clrk I/II Pending R. Field, Wtr Util Wkr I/II 09/28/92 Promotions NAME/CLASSIFICATION None requested. TERMINATIONS Terminations NAME/CLASSIFICATION EFFECTIVE None requested. At this time the Council and audience also welcomed the new Welcome to Interim City Attorney, Henry Barbosa. Cty Atty THE CITY COUNCIL CONVENED AS THE REDEVELOPMENT AGENCY AT Convene CRA 9:28 P.M. THE CITY COUNCIL RECONVENED AT 10:34 P.M. Reconvene 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 The NEWS (New Construction Equals Water Savings) Program is NEWS Program designed to balance the water demand of new developments with potential water savings from existing homes. The Program requires the developer to perform retrofit of certain plumbing fixtures of homes in order to be allocated the amount of water required for the development. In response to questions posed by Mr. Art Morales and Mr. A. Morales Ray Corcoran, discussion was held regarding the need for & R. Corcoran retrofit to promote water conservation, the procedures that questions will be utiltized during the process as well as who will be affected by the Program. Councilman Dangleis offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA let Rdg Ord AMENDING CHAPTER 16.38 OF THE AZUSA MUNICIPAL CODE ENTITLED NEWS Pgrm "WATER CONSERVATION PLAN" AND AUTHORIZING A RETROFIT REQUIREMENT FOR NEW CONSTRUCTION. Moved by Councilman Dangleis, seconded by Councilman Naranjo and unanimously carried by roll call to waive further reading and introduce the Ordinance. 09/21/92 PAGE SIX Mrs. Susie Galletta addressed agenda item regarding the S. Galletta introduction of an ordinance establishing a utility tax, comments requesting information regarding exemptions. City Administrator Garcia responded stating that senior City Admin citizens, handicapped persons and low income families with response income below Federal Guidelines will be exempt from the tax. Director of Finance Craig responded explaining the specifics Dir of Fin and procedures with respect to exemptions for seniors, response handicapped persons and low income families. Mr. Ray Corcoran addressed the issue requesting clarification on guidelines for exemption of utility tax. Director of Finance Craig responded and read from the proposed ordinance the four provisions to qualify for exemption, which are as follows: (1) Individuals over the age of 61, (2) Individuals certified as handicapped by the Azusa Light and Water Department, (3) Individuals certified as "low-income" using standards developed by the Azusa Light and Water Department, and (4) Organizations classified as exempt from taxation under Chapter 501 of the Internal Revenue Code. He further stated that the guidelines have been in existence for a long time and are based on County of Los Angeles guidelines. R. Corcoran comments Dir of Fin response City Administrator Garcia offered to provide Council with an City Admin informational item at the next meeting with the specific response criteria used by the Light and Water Department to determine certification and qualification for the exemptions. Councilman Dangleis offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING A NEW CHAPTER 3.46 TO TITLE 3 OF THE AZUSA MUNICIPAL CODE IMPOSING A UTILITY USER TAX. Moved by Councilman Dangleis, seconded by Councilman Naranjo and carried by roll call to waive further reading and introduce the Ordinance. Mayor Moses and Councilman Alexander dissenting. Councilman Dangleis offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING AN APPEAL BY FILOMENO MARTINEZ OF THE PLANNING COMMISSION DECISION TO DENY VARIANCE V-92-9 AND PRECISE PLAN OF DESIGN P-92-78. Moved by Councilman Dangleis, seconded by Councilwoman Madrid to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, MADRID, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NARANJO Councilman Alexander offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING HENRY S. BARBOSA,OF BARBOSA, GARCIA & BARNES AS INTERIM CITY ATTORNEY. 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: COUNCILMEMBERS: MADRID, ALEXANDER, MOSES NOES: COUNCILMEMBERS: DANGLEIS, NARANJO ABSENT: COUNCILMEMBERS: NONE 09/21/92 PAGE SEVEN 1st Rdg Ord Utility User Tax Res. 92-C128 dnyng Var & Pre Pln of Design F. Martinez Res. 92-C129 Appt H. Bar- bosa as Interim Cty Atty 1 SCHEDULED ITEMS None. OTHER BUSINESS/CITY COUNCIL Moved by Mayor Moses, seconded by carried by roll call that the independent probe into the Building the City, be referred to closed Madrid dissenting. Sched Items Oth/Bus/Cncl Councilman Alexander and Probe Bldg consideration of an dept, refer Department, other than to clsd sess session.. Councilwoman Councilwoman Madrid reported on her meeting with Mr. Nathan Krems which consisted of discussion regarding development of high density owner occupied residential units on his property, and perhaps development in conjunction with the Monrovia Nursery property. She suggested that the Krems property be included in the City's strategic planning. Councilwoman Madrid reported on the status of the committee that was created to research the possibility of an recreational facility, stating that they had visited the recreational facilities of Baldwin Park, Duarte, Monrovia and Monterey, but due to fiscal constraints, suggested that the committee disband and incorporate the idea of a recreational facility in the Azusa 2000 and strategic planning concept. After discussion, it was consensus of Council that the idea of a recreational facility be held in abeyance until Azusa 2000 and strategic planning are ready to move forward. THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 11:13 P.M. Councilman/Director Alexander offered a Resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON SEPTEMBER 21, 1992. 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, MADRID, NARANJO, ALEXANDER, NOES: COUNCILMEMBERS/DIRECTORS: NONE MOSES ABSENT: COUNCILMEMBERS/DIRECTORS: NONE TIME OF RECESS TO CLOSED SESSION: 11:14 P.M. THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED AT 112:20 A.M. Moved by Councilman/Director Alexander, seconded by Councilman/Director Dangleis and unanimously carried by roll call to adjourn. 09/21/92 PAGE EIGHT Madrid rpt on mtg w/ Krems Discussion recreational facility study CRA convened w/Cncl Res. 92-130 Clsd Sess Recess Reconvened Ad j ourn TIME OF ADJOURNMENT: 12:21 A.M. "CIT CLERK NEXT RESOLUTION NO. 92-C131 NEXT ORDINANCE NO. 92-030 09/21/92 PAGE NINE