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HomeMy WebLinkAboutMinutes - October 5, 1992 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 5, 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 Joe Guarrera, Director of Invocation Community Services. 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, Director of Finance Craig, Captain Broderick, Community Development Director Bruckner, Community Services Director Guarrera, Water Superintendent Bowcock, Acting City Librarian Maghsoudi, Superintendent of Public Works Pedroza, Administrative Analyst Dadaian, Redevelopment Director Steel, Deputy City Clerk Toscano, City Clerk Solis. CEREMONIAL Ceremonial Mr. and Mrs. Andrews were congratulated by Council and Congrats audience on the celebration of their 51st wedding to the anniversary. Andrews Councilmember Alexander presented a proclamation to Earl and Proc to Eleanor Post, in celebration of the 47th anniversary of the Posts United Nations Day. UN Day PUBLIC PARTICIPATION Pub Part The CONSENT CALENDAR consisting of Items 1 through 11 were Cons Cal approved by motion of Councilman Dangleis, seconded by appvd, Councilwoman Madrid and unanimously carried by roll call G-4, G-5 vote, with the exception of items G-4, G-5, and G-8, which & G-8, Spec were considered under the Special Call portion of the Call Agenda. Ms. Mary A. Grosvenor addressed Council and audience M. Grosvenor announcing the semi-annual book sale to be held on October comments 24th from gam to 4pm and October 25 from 1pm to 4pm. The Book Sale sale is sponsored by Friends of the Library. Mr. Jim McJunkin addressed Council and audience announcing J. McJunkin a Mountain Rendezvous to be held at Camp Williams in the comments East Fork of the San Gabriel Mountains this coming weekend. Mr. Art Morales addressed Council regarding the replacement A. Morales of Slauson Park palm trees, Sister City, Golden Days, and comments the City Hall fountain. Hr. Wesley Kloepfer addressed Council suggesting that a W. Kloepfer 9escretionary fund be included in next years budget to comments allow disbursement of funds for special requests and also to set limits for the requests. The CONSENT CALENDAR consisting of Items 1 through 11 were Cons Cal approved by motion of Councilman Dangleis, seconded by appvd, Councilwoman Madrid and unanimously carried by roll call G-4, G-5 vote, with the exception of items G-4, G-5, and G-8, which & G-8, Spec were considered under the Special Call portion of the Call Agenda. 1. The Minutes of the regular meeting of September 21, Min appvd 1992, were approved as written. 2. Request to reduce the fire hydrant parking zone from fifteen feet to ten feet in front of 658 Virginia Ann Drive was approved by the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 92-C131 APPROVING A TEN FOOT FIRE HYDRANT PARKING ZONE IN FRONT Fire Hydrant OF 658 VIRGINA ANN DRIVE. Pkg zone 3. Amendment 2 to the Power Sales Agreement between the Amend #2 City of Azusa and the City of Pasadena extending the Power Sales terms of sales through December 31, 2002, and reducing Agmt the capacity cost of $5.50 per kilowatt to $5.00 per kilowatt, from January 1993 to June 1994, was approved. 4. SPECIAL CALL ITEM. 5. SPECIAL CALL ITEM. Spec Call Spec Call 6. Plans and specifications for the underground electric Plans & specs project at 500 East Gladstone Street, replacing the Elect Svs temporary overhead electric service, were approved and the City Clerk was directed to advertise for bids. 7. The State of California sometimes reimburses local agencies for its cost for services and supplies in implementing State -mandated programs. In the past it has not been cost-effective for the City to claim reimbursement under all possible funding areas. The firm of David M. Griffith and Associates Ltd. has recently accumulated sufficient cost to enable it to collect more than the price of preparing the necessary claims. The agreement with David M. Griffith and Associates Ltd. to prepare the current and prior claims under the SB90 and the SB1333 claims on behalf of the City was approved and its execution was authorized. 8. SPECIAL CALL ITEM. Agmt w/David Griffith & Assoc./SB90 & SB1333 claims Spec Call 9. State Senate Bill - 198, mandates that all employers Illness & with ten or more employees must establish and implement Injury Plan an Illness and Injury Plan. The Plan was presented and approved. 10. The City Treasurer's Report as of August 31, 1992, was Treas rpt received and filed. 11. 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-C133 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE warrants FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. SPECIAL CALL ITEMS Mr. Art Morales addressed Revenue Anticipation Notes, item. item regarding 1992 Tax and requesting a explanation of the Finance Director Craig responded stating that there is a need to borrow money for cash flow purposes in the General Fund until Property Taxes are received later in the fiscal year. Further, that the City will be utilizing this method of borrowing in conjunction with other cities to save cost and also earn interest of approximately $57,000. 10/05/92 PAGE TWO Spec Call A. Morales comments Dir of Fin response Moved by Councilman Dangleis, seconded by Councilwoman Tax & Rev Madrid and unanimously carried by roll call to approve the Anticipation issue of Tax and Revenue Anticipation Notes; and authorize Notes/Agent w/ the Mayor to execute the agreement with Seidler -Fitzgerald Seidler -Fitz - Public Finance. gerald Mr. Art Morales addressed item regarding the City obtaining A. Morales financial advisors to continue negotiations with Azusa comments Valley Water Company and questioned the costs for consultants as well as the status of the water tank. 'Water Superintendent Bowcock responded stating that the cost Wtr Supt for the financial advisors will be approximately $12,000, response only if the City purchases Azusa Valley Water Company and that the water tanks are included in the purchase. Councilman Dangleis offered a Resolution entitled: A RESOLUTION APPOINTING A FINANCIAL ADVISOR AND SPECIAL Res. 92-C132 LEGAL COUNSEL AND APPROVING, AUTHORIZING AND DIRECTING Agmt for EXECUTION OF A FINANCIAL ADVISORY AGREEMENT AND AN AGREEMENT Fin Advsry & FOR LEGAL SERVICES, ALL IN CONNECTION WITH A PROPOSED WATER Legal Svs SYSTEM ACQUISITION FINANCING. 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, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilwoman Madrid addressed item G-8, congratulating all Congrats to City employees that were listed for step increases and Cty empls permanent status recommendations. It was then moved by Councilwoman Madrid, seconded by Councilman Dangleis and unanimously carried by roll call to approve the following: Human Resources Action Items were approved as follows: Pers Items EMPLOYEE STEP INCREASE AND PERMANENT STATUS Step inc./ RECOMMENDATIONS perm status NAME STATUS EFFECTIVE D. Shuttleworth Step 5 10/04/92 M. Padilla Step 3 10/08/92 R. Cortez PermStat/Step 2 10/07/92 J. Fraley Step 3 10/02/92 J. Szabo Step 5 09/27/92 NEW APPOINTMENTS Appointments None PROMOTIONS Promotions NAME/CLASSIFICATION EFFECTIVE None TERMINATIONS Terminations NAME/CLASSIFICATION EFFECTIVE N. Macias, Field SVS Rep. 01/01/93 W. McMurtry, Lne Mech Crw Supv. 10/10/92 10/05/92 PAGE THREE THE CITY COUNCIL CONVENED AS THE AGENCY AT 7:56 P.M. THE CITY COUNCIL RECONVENED AT 8:18 P.M. THE CITY COUNCIL DID NOT CONVENE AS THE DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECES TRANSACTED. REDEVELOPMENT Reconvene INDUSTRIAL No bus IDA SARY TO BE '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 Dangleis offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Ord. 92-030 AMENDING CHAPTER 16.38 OF THE AZUSA MUNICIPAL CODE ENTITLED auth retro - "WATER CONSERVATION PLAN" AND AUTHORIZING A RETROFIT fit reqrmt REQUIREMENT FOR NEW CONSTRUCTION. Moved by Councilman Dangleis, seconded by Councilman Naranjo to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, MADRID, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mr. Carrel Cline addressed item regarding establishment of Utility Tax and questioned whether there was a stipulation in the proposed ordinance to control the use of the monies that will be generated from the Utility Tax. I Director of Finance Craig responded stating that the funds will not be restricted to one fund but, will go into the General Fund and be used for the stated purposes. Mr. Art Morales addressed the issue questioning how the Utility Tax will affect residents and businesses. Director of Finance Craig responded that the Utility Tax will be a 5% tax on electric, gas and water and the average resident will pay an average of $3.00 additional for utilities and businesses will pay anywhere from $3.00 to $1,000 to $1,500. He cited exemptions which consisted of senior citizens, age 62 years or over, disabled persons meeting the Americans with Disabilities Act (ADA), low income households, organizations such as schools, churches and non-profit groups. He further stated that the tax will raise approximately 1.6 million dollars per year to be used towards the Fire Service Contract. The tax will become effective July 1, 1993 and an application for exemption form will be mailed out to residents and should be returned showing how the person qualifies for the exemption. Councilman Dangleis offered an Ordinance entitled: C. Cline comments Utility Tax Dir of Fin response A. Morales comments Dir of Fin response ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING Ord. 92-031 A NEW CHAPTER 3.46 TO TITLE 3 OF THE AZUSA MUNICIPAL CODE Utility Tax IMPOSING A UTILITY USER TAX. Moved by Councilman Dangleis, to waive further reading and adopted by the following vote AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: seconded by Councilman Naranjo adopt. Ordinance passed and of the Council: DANGLEIS, MADRID, NARANJO ALEXANDER, MOSES NONE 10/05/92 PAGE FOUR Councilman Dangleis offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st Rdg Ord Pwr Sales AUTHORIZING THE ISSUANCE OF BONDS BY THE SOUTHERN Issue Bonds CALIFORNIA PUBLIC POWER AUTHORITY TO FINANCE COSTS OF THE San Juan 3 SAN JUAN 3 PROJECT. Project Res. 92-C134 Moved by Councilman Dangleis, seconded by Councilman Naranjo EXECUTION AND DELIVERY, OF CERTAIN AGREEMENTS WITH RESPECT & conditions and unanimously carried by roll call to waive further Project reading and introduce the Ordinance. Naranjo to waive further reading and adopt. Resolution Councilman Dangleis offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st Rdg Ord APPROVING ENTERING INTO A POWER SALES CONTRACT. Pwr Sales Agmt Moved by Councilman Dangleis, 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 Res. 92-C134 APPROVING THE TERMS AND CONDITIONS, AND AUTHORIZING THE appvg terms EXECUTION AND DELIVERY, OF CERTAIN AGREEMENTS WITH RESPECT & conditions TO THE SAN JUAN 3 PROJECT. San Juan 3 Project 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, MADRID, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ' SCHEDULED ITEMS Sched. Items CONTINUED PUBLIC HEARING - on an appeal of a Variance and Cont Pub Hrg Precise Plan of Design by Gustavo Olguin, for the property located at 318 1;orth Soldano, Azusa. Community Development Director Bruckner addressed the Comm Dev Dir issue stating that when the property owner purchased the comments property he was aware of the many code violations relating to the property. Mr. Olguin has brought the property up to code but now wishes to legalize the guest house as a second dwelling unit with reduced side and rear yard setbacks and garage. The Planning Commission denied the request and staff recommends upholding the Planning Commission decision. Mr. Gustavo Olguin addressed the Hearing stating that when G. Olguin he purchased the property it was in poor condition and that applicant he has brought it up to code. He requested that the guest house on the property be legalized as a second dwelling unit. He further stated that he was told that in order to legalize the guest house as a second dwelling unit, he would only need to have a double garage. Discussion was held between Councilman Alexander, Discussion Councilwoman Madrid and Mr. 01guin. Mr. Art Morales addressed the issue expressing opinion in A. Morales favor of the appeal. comment Moved by Councilman Dangleis, seconded by Mayor Moses and Hrg clsd unanimously carried by roll call to close the Hearing. 10/05/92 PAGE FIVE Moved by Councilman Dangleis, seconded by Mayor Moses and Appeal denied unanimously carried by roll call to deny the appeal and uphold the denial of Variance No. V-91-15 and Precise Plan of Design No. P-91-212 as recommended by the Planning Commission, further, directing the City Attorney to prepare the necessary documents. Moved by Councilman Alexander, seconded by Mayor Moses and CONTINUED PUBLIC HEARING - on Code Amendment No. 175, Cont Pub Hrg Clsd Sess Creation of a Planned Unit Development (PUD) zone and Creation of Real Property Negotiations (Gov. Code Sec. 54956.8), Azusa modifications of deep lot standards. PUD zone Community Development Director Bruckner addressed the issue Dir Comm Dev Apartments. stating that the Code Amendment was created to develop comments standard and flexible procedures for the split and separate Recess THE CITY COUNCIL RECONVENED AT: 9:30 P.M. sale of homes in the R3 zones and also modify deep lots Moved by Councilman Alexander, seconded by Mayor Moses and Auth litiga- within the Ric zone to be split for sale as individual tion Sleepy for litigation to collect trash charges from the Sleepy parcels, which would encourage single-family residential Hollow Apartments. projects. He cited many reasons why this process would not be advised for the R-2 zone areas. He recommended approval of the Code Amendment excluding the R-2 zones. Lengthy discussion was held between Councilmembers and staff Discussion regarding the procedures, process and effect the Planned Unit Development would have in the City. Mr. Art Morales addressed the issue expressing his opinion A. Morales regarding the Code Amendment. comments Moved by Councilman Naranjo, seconded by Councilman Dangleis Hrg clsd and unanimously carried by roll call to close the Hearing. Moved by Councilman Alexander to deny Code Amendment No. Motion to 175. Motion died for the lack of a second. deny (failed) by Councilman Dangleis, seconded by Councilman Naranjo Motion to 'Moved to approve Code Amendment No. 175. Motion failed by the appve (failed following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, NARANJO NOES: COUNc"7LMEMBERS: MADRID, ALEXANDER ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: MOSES OTHER BUSINESS/CITY COUNCIL Oth Bus/Cncl None None Moved by Councilman Alexander, seconded by Mayor Moses and Recess to unanimously carried by roll call to recess to Closed Clsd Sess Session to discuss the following: Real Property Negotiations (Gov. Code Sec. 54956.8), Azusa Valley Water Company. Potential Litigation (Gov. Code Sec. 54956.9), Sleepy Hollow Apartments. '*feet & Confer (Gov. Code Sec. 54957.6), Labor Negotiations. TIME OF RECESS TO CLOSED SESSION: 8:55 P.M. Recess THE CITY COUNCIL RECONVENED AT: 9:30 P.M. Reconvened Moved by Councilman Alexander, seconded by Mayor Moses and Auth litiga- unanimously carried by roll call to approve authorization tion Sleepy for litigation to collect trash charges from the Sleepy Hollow Apts Hollow Apartments. 10/05/92 PAGE SIX Moved by Councilman Naranjo, seconded by Councilman Adjourn. Alexander and unanimously carried by roll call to adjourn. TIME OF ADJOURNMENT: 9:32 P.M. NEXT RESOLUTION N0. 92-C135 NEXT ORDINANCE NO. 92-032 10/05/92 PAGE SEVEN