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HomeMy WebLinkAboutMinutes - March 1, 1993 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MARCH 1, 1993 - 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 Assembly of God Church. ROLL CALL PRESENT: ABSENT : ALSO PRESENT COUNCILMEMBERS: Reverend Leroy of the DANGLEIS, MADRID, NARANJO, ALEXANDER, MOSES NONE Interim City Attorney Barbosa, City Administrator Garcia, Chief of Police Nelson, Director of Finance Craig, Community Development Director Bruckner, City Planner Watrous, Utilities Director Hsu, Director of Community Services Guarrera, Superintendent of Public Works Pedroza, City Librarian Maghsoudi, Administrative Analyst Dadaian, Redevelopment Director Steel, Redevelopment Project Manager Forintos, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Toscano. Call to Order Invocation Roll Call Also Present Ceremonial The entire Council presented a proclamation to Ms. Matilde Pro to found- Paez, Ms. Mercedes Velazquez, Mr. Guillermo Aldana, and Mr. ers of Pere - and Mrs. Des Rochers of Peregrinos de Emaus for their grinos de dedicated effort to assist the less fortunate by operation Emaus of a homeless shelter in the City. PUBLIC PARTICIPATION Pub Part Mr. Marcel Des Rochers addressed Council and audience M. Des Rocher expressing his appreciation and thanks to Peregrinos de reqst for Emaus and requested support from the community for the support of homeless shelter which is currently facing financial Peregrinos de difficulties. Emaus The CONSENT CALENDAR consisting of Items 1 through 10 was Cons Cal approved by motion of Councilman Dangleis, seconded by appvd, G-8, Councilwoman Madrid and unanimously carried by roll call Spec Call vote, with the exception of items G-8, which was considered under the Special Call portion of the Agenda. 1. The Minutes of the regular meeting of February 15, Min appvd 1993, were approved as written. 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C18. CONDEMNING THE AZERBAIJANI BLOCKADE OF ARMENIA. condemning blockade of Armenia 3. The Library is in need of a second photocopy machine in Agmt/Quality order to improve its service to the public. Staff Copying, Inc. investigated the use of one that would be owned and serviced by an outside vendor who would provide upkeep, supplies, maintenance and paper, which would be a great advantage to the City. Formal bidding procedures were waived pursuant to the Municipal Code and authorization was given for negotiation and execution of an agreement for a Sharp 7900 copier with Quality Copying Inc., of Azusa, for a period of forty months with automatic renewal for an additional one year. 4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C19. APPROVING APPROPRIATION AMENDMENTS FOR FISCAL YEAR Budget tnfrs 1992-93 PURSUANT TO SECTION 3.04.050 OF THE AZUSA MUNICIPAL CODE. 5. Project No. 92-10, Sewer Mainline Rehabilitation, Phase Notice of III, has been successfully completed by Insituform Completion Southwest in accordance with the plans and Insituform specifications of the contract. The project was Southwest accepted as complete; the Notice of Completion was approved and the City Clerk was authorized to have same recorded. 6. The renovation of the construction yard office at 809 Notice of North Angeleno has been completed by AAJ Incorporated Completion accordance with the plans, specifications, and AAJ Inc. conditions of the contract. The project was accepted as complete; the Notice of Completion was approved and the City Clerk was authorized to have same recorded. 7. Proclamation in celebration of the Sixth Annual County- Proc for Wide Public Health Week, Monday, April 5, 1993 through Pub Health Sunday, April 11, 1993, was approved. Week 8. SPECIAL CALL ITEM. Spec Call 9. City Treasurer's Report as of January 31, 1993, was Treas Rpt received and filed. 10. Resolution authorizing payment of warrants by the City was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C20 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE warrants FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. SPECIAL CALL ITEMS Spec Call Councilwoman Madrid congratulated all employees listed for Congrats to step increases/permanent status recommendations. It was cty emplys then moved by Councilwoman Madrid, seconded by Councilman Dangleis and unanimously carried by roll call to approve Human Resources Action Items. 8. Human Resources Action Items were approved as follows: Pers Items EMPLOYEE STEP INCREASE AND PERMANENT STATUS Step inc./ RECOMMENDATIONS perm status NAME STATUS EFFECTIVE R. Reyes, Bldg Insp. Perm/Stat 03/01/93 C. Lee, Offs Spclst Step 4 02/27/93 B. Donnelson, Lib As Step 5 02/26/93 P. Dennis, Jailer Perm/Stat 02/26/93 D. Lemoine,Pol Disp. Step 3 03/03/93 03/01/93 PAGE TWO NEW APPOINTMENTS NAME/CLASSIFICATION None requested. PROMOTIONS NAME/CLASSIFICATION None requested. SEPARATIONS NAME/CLASSIFICATION None. THE CITY COUNCIL CONVENED JOINTLY WITH THE AGENCY AT 7:45 P.M. EFFECTIVE Appointments Promotions Terminations Convene CRA/ Cncl JOINT PUBLIC HEARING - on proposed sale of certain real Jnt Pub Hrg property in the Azusa Central Business District Sale of ctrn Redevelopment Project. prop Moved by Councilman/Director Dangleis, seconded by Cont to Councilwoman/Director Madrid and carried by roll call to 3/15/93 continue the Joint Public Hearing until March 15, 1993. Councilman/Director Alexander dissenting. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Recess CONTINUED AT 7:46 P.M. THE CITY COUNCIL RECONVENED AT 8:05 P.M. Reconvene tTHE 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 TBE AZUSA PUBLIC No bus APFA FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Ord./Spec.Res Councilman Alexander offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING lst Rdg Ord CHAPTER 16.40 ET.SEQ. RELATING TO WATER EFFICIENT re: Water LANDSCAPING FOR NEW RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL Efficient CONSTRUCTION. Landscaping Discussion was held between Councilmembers and staff Discussion regarding the proposed ordinance relating to Chapter amendment 16.40.040, Submittal Requirements. It was consensus of Council to exempt (one), single family dwellings from this Chapter. Further, it was suggested that the Planning Commission have an opportunity to review the item. oved by Councilman Alexander, seconded by Councilman Appvd, as angleis and unanimously carried by roll call to waive amended further reading and introduce the ordinance, as amended. SCHEDULED ITEMS Sched. Items CONTINUED DELIBERATION PORTION OF PUBLIC HEARING - on Appeal Pub Hrg of the Annual Review of Azusa Rock Quarry Operation. Deliberation Appeal annual The Mayor opened the deliberation portion of the Hearing and review/Azusa requested that City Attorney apprise Council of his Rock findings. 03/01/93 PAGE THREE City Attorney Barbosa. read into the record his findings regarding the matter before Council, which in summary recommended that Council deny the appeal This was followed by an extended discussion by Council and staff regarding the merits of the Conditional Use Permit continuation, limitation, or termination. Periodically, the City Attorney responded on the very narrow area that Council has insofar as its powers and the CUP are concerned. It was then moved by Councilman Dangleis, seconded by Councilman Naranjo to deny the appeal and direct the Planning Commission and Planning Department to continue their monthly and annual reviews of the Rock Quarry to make sure all conditions of the CUP are complied with. Motion failed by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, NARANJO NOES: COUNCILMEMBERS: MADRID, ALEXANDER, MOSES ABSENT: COUNCILMEMBERS: NONE City Attny comments & discussion Motion to deny appl (failed) Mayor Moses suggested that a meeting be held between staff, Moses a member of Council, and Azusa Rock representatives for comments further discussion regarding the terms and conditions of the Conditional Use Permit. Additional discussion followed. City Attorney again addressed the issue recommending that the City Council not take action to uphold the appeal because of the certainty of an expensive lawsuit against the City by the Azusa Rock Company. He further stated that all Council should do is to impose or strengthen requirements to be followed by the operation in order to comply with the Conditional Use Permit. Moved by Councilman Dangleis, seconded by Councilman Naranjo that the appeal be denied, that Planning Commission and staff pursue regularly monthly monitoring of the Rock Quarry and annual review, and that they meet with officials of Azusa Rock, with the Mayor in attendance, to negotiate an equitiable settlement governing the conditions of the Conditional Use Permit. Motion failed by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, NARANJO NOES: COUNCILMEMBERS: MADRID, ALEXANDER ABSTAIN: COUNCILMEMBERS: MOSES ABSENT: COUNCILMEMBERS: NONE It was consensus of the Council to recess for five minutes. TIME OF RECESS: 9:13 P.M. THE CITY COUNCIL RECONVENED AT: 9:20 P.M. Cty Attny comments Motion to deny appl (failed) Recess Reconvened PUBLIC HEARING - on Code Amendment No. 192 - an amendment to Pub Hrg the Azusa Municipal Code Chapter 19, Zoning, revising Code Amend Sections 19.04.530 - lot width; 19.08.949, 19.14.040, and #192 19.16.040 - lot size. The Mayor declared the Hearing open. The City Clerk read `he affidavit of proof of publication of notice of said earing published in the Azusa Herald on February 17, 1993. Community Development Director Bruckner addressed the issue stating that the code amendment is to simplify the lot width definition and change the minimum residential lot width requirements from 60 feet to 50 feet to reflect actual conditions. Section 19.04.530 would be changed to read as follows: "LOT WIDTH. 'Lot width' means the horizontal distance of the street frontage along the front property line of a parcel. For condominiums and parcels at the end of a cul- 03/01/93 PAGE FOUR Hrg open Comm Dev Dir comments de -sac, the lot width shall be measured as the horizontal distance between the side lot lines, measured at right angles to the lot depth at the building line." Mr. Art Morales addressed the Hearing with questions A. Morales regarding the Code Amendment. comments He was advised that his questions had already been addressed Advise by staff. Community Development Director Bruckner responded Comm Dev Dir stating that the existing code requires 60 foot lots and the response amendment would change requirements of lot size to 50 feet, which reflects actual conditions. He also stated that pre- existing 25 foot lots covered by the 1956 code would be allowed to be buildable. Moved by Councilman Naranjo, seconded by Councilman Dangleis Hrg clsd and unanimously carried by roll call to close the Hearing. Moved by Councilman Dangleis, seconded by Councilwoman Code Amend Madrid and unanimously carried by roll call to approve Code #192, appvd Amendment No. 192, as recommended by the Planning Commission. PUBLIC HEARING - on Code Amendment No. 193 - an amendment Pub Hrg to the Azusa municipal Code revising residential garage Code Amend requirement - Chapter 19, Zoning, Section 19.48.030, for #193 single family homes and multi -family dwellings. 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 February 17, 1993. Community Development Director Bruckner addressed the issue stating that the proposed Code Amendment would increase garage requirements for larger homes. At this time homes in excess of four bedrooms only require two garages, the amendment would require to have one additional garage space per bedroom in excess of four. He further stated that the amendment would clarify that condos would require only a two car garage, and also it would reinstate guest parking standards that were inadvertantly deleted in a previous code amendment. The amendment would require one guest parking space for three dwelling units and with four-plex units or less, guest parking could be utilized within a twenty foot driveway. Comm Dev Dir comments Discussion was held between Councilmembers and staff Discussion regarding requirements for additional garages for existing larger homes, reconstrusted larger homes and the necessity for additional garages. Mr. Art Morales addressed Council with comments regarding types of garages. Moved by Councilman Dangleis, seconded by Mayor Moses and unanimously carried by roll call to close the Hearing. additional discussion was held. Councilman Dangleis offered amendment to the staff report which read: "In order to address the issue of greater garage demand for houses with a large number of bedrooms, it is proposed that for every bedroom in excess of four bedrooms, one additional garage space shall be provided to a maximum of four." A. Morales comments Hrg clsd Add'1 dis amendment Moved by Councilman Dangleis, seconded by Mayor Moses and Code Amend carried by roll call to approve Code Amendment No. 193, as #193, appvd, amended. Councilwoman Madrid dissenting, and Councilman as amended Naranjo abstaining. 03/01/93 PAGE FIVE INFORMAL HEARING - regarding the acquisition of the Azusa Inf Hrg Valley Water Company. Az Valley Wtr The Mayor declared the informal hearing open. City Attorney Hrg open & Barbosa advised that the hearing is to approve the City Attny Resolution of Necessity in order to acquire Azusa Valley advised Water Company and is limited to share holders. The issues Util Dir to be addressed are as follows: 1) Whether the public response interest and necessity require the proposed municipal D. Porter utility project; 2) Whether the proposed project is planned comments or located in the manner that will be most compatible with the greatest public good and the least private injury; 3) Whether the stock sought to be acquired is necessary to City Atty accomplish the proposed project of operating a public advise utility; and 4) Whether the use of the property to be acquired by the condemnation of the Company's stock, is a C. Sanchez more necessary public use than the use to which the comments property is now appropriated. The City Clerk read into the record four letters received by share holders of the Azusa Valley Water Company. Mr. Herbert R. Fulton addressed the Hearing in support of H. Fulton the Resolution of Necessity. comments Mr. Julius Ott addressed the Hearing in support of the J. Ott Resolution of Necessity, but questioned how the purchase of comments Azusa Valley Water Company would help the City of Azusa. Necessity Utilities Director Hsu responded that a combination of both Util Dir companies will create a more efficient water company. response Mrs. Dorothy Porter addressed the Hearing with concerns D. Porter regarding higher water rates if Azusa purchases Azusa Valley comments Water Company and also concerns regarding payment to share holders. City Attorney Barbosa advised that the City is contemplating City Atty the sale of bonds to provide fair compensation to share advise holders. Mr. Clifford Sanchez addressed the Hearing questioning the C. Sanchez history of Azusa Valley Water Company. He was advised to comments contact Azusa Valley Water Company. Moved by Councilman Dangleis, seconded by Mayor Moses and Infml Hrg unanimously carried by roll call to close the informal clsd hearing. Councilman Dangleis offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C21 FINDING AND DETERMINING THAT THE PUBLIC INTEREST AND Finding & NECESSITY REQUIRE THAT ACQUISITION OF THE CAPITAL STOCK OF Determining AZUSA VALLEY WATER COMPANY, FOR PUBLIC PURPOSES AND ALL USES Necessity APPURTENANT THERETO; AND THAT THIS ACQUISITION IS FOR A MORE to acquire NECESSARY PUBLIC USE. Az Valley Wtr Loved by Councilman Dangleis, seconded by Councilman lexander 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 03/01/93 PAGE SIX OTHER BUSINESS/CITY COUNCIL Oth Bus/Cncl Moved by Mayor Moses, seconded by Councilman Alexander and Proc to D. unanimously carried by roll call that a proclamation be Soto prepared honoring 12 year old David Michael Soto, Azusa resident, on his winning the 1993 Silver Glove National Championship. Moved by Councilman Naranjo, seconded by Councilman Closed Sess Alexander and unanimously carried by roll call to recess to Closed Session to discuss the following: Personnel (Gov. Code Sec. 54957) Personnel Matters. Litigation or Potential Litigation (Gov. Code Sec. 54956.9) Lagos De Covina v. City of Azusa, Cable Television Negotiations, Chaidez v. City of Azusa. TIME OF RECESS TO CLOSED SESSION: 10:19 P.M. Recess THE CITY COUNCIL RECONVENED AT: 10:42 A.M. Reconvened Moved by Councilman Alexander, seconded by Councilman Adjourn Naranjo and unanimously carried by roll call to adjourn. TIME OF ADJOURNMENT: 10:43 A.M. 1 NEXT RESOLUTION NO. 93-C22 NEXT ORDINANCE NO. 93-03 03/01/93 PAGE SEVEN