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HomeMy WebLinkAboutMinutes - April 19, 1993 - CC (2)CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING APRIL 19, 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. �J INVOCATION was given by Director of Finance Craig City of Azusa. ROLL CALL PRESENT: COUNCILMEMBERS: DANGLEIS, MADRID, ALEXANDER, ABSENT COUNCILMEMBERS: NONE ALSO PRESENT of the NARANJO, MOSES Interim City Attorney Barbosa, City Administrator Garcia, Chief of Police Nelson, Utilities Director Hsu, Director of Finance Craig, Community Development Director Bruckner, Director of Community Services Guarrera, Superintendent of Public Works Pedroza, City Librarian Maghsoudi, Redevelopment Director Steel, Redevelopment Project Manager Forintos, City Treasurer Talley, Deputy City Clerk Toscano, Administrative Clerk Hernandez. CEREMONIAL Call to Order Invocation Roll Call Also Present Ceremonial The entire Council presented a proclamation to Mrs. Cynthia Proc to C. Rodriguez in recognition of the immeasurable good that she Rodriguez provides as regional coordinator for the organ Transplant Agency. Councilman Dangleis presented a proclamation to Community Proc recog. Services Director Guarrera, proclaiming the month of April Comm Svs as "Community Services Month", in the City of Azusa. Month PUBLIC PARTICIPATION Pub.Prtc. Mr. Art Morales addressed Council suggesting that certain A. Morales apartments in the 200 block of Dalton Avenue be purchased by comments the City and replaced with single family homes, due to numerous problems with the apartments. Redevelopment Director Steel responded stating that it is CRA Dir technically feasible, but, would be an expensive venture. response He stated that the procedure would include the purchase of the apartments, relocation of occupants, demolition of the units, development of the land and the replacment of four units in another area of the City. He further stated that he could provide a cost for the project, if requested by Council. Mr. Doug Schmidt, Property Manager for the commercial D. Schmidt complex at Gladstone Street and Clydebank, addressed Council complaints stating that there has been a major problem with graffiti graffiti at that complex. Chief of Police Nelson responded stating that the Police COP Nelson Department has been doing all it can to control the problems response with graffiti taggers and suggested that Mr. Schmidt install better security lighting and fencing at the complex. Further, that volunteers have been assigned to areas throughout the City to watch for graffiti violators, and also that there is a need for cooperation from the community to report violators as they see them. Ms. Betty A. Smith, representative of the Foothill Shopping B. Smith 'Center Merchants Association, addressed Council stating that comments the Association has been denied a permit to place a tent in permit/tent the parking lot of the shopping center in order to have a book fair fundraiser, which will benefit Azusa Pacific University and the Azusa Food Bank. Community Development Director Bruckner responded stating Comm Dev Dir that the Municipal Code does not allow for temporary use response sales in a commercial parking lot, but does allow non-profit organizations to hold rummage sales. Ms. Smith again addressed Council stating that she believed B. Smith the organization that is behind the book sale is a non- comments profit organization and will have them contact Mr. Bruckner. Moved by Councilman Dangleis, seconded by Mayor Moses and Book sale unanimously carried by roll call that a book sale is synonymous synonymous with a rummage sale. w/rummage Mr. Jim McJunkin addressed Council with clarification that J. McJunkin there was no bias when selecting the attorneys to be comments considered to provide a second opinion of the Azusa Rock Operation. He assured Council that his only concerns are for the health and safety of the community. Mr. Ron Legault, First Vice President of the Democratic R. Legault Club, addressed Council announcing that on Wednesday, April comments 21, 1993, at 7 p.m., the new Chairperson for the Democratic Party will be at he Letter Carriers Union Hall Local 24, at 777 Calencia Street in Los Angeles. The new Assistlint Fire Chief, Gary Lockhart, addressed Asst Fire Council and audience stating that he is looking forward to Chief working with Council, staff, and the community and welcomed comments all to visit the Fire Station located at 605 North Angeleno in the City of Azusa. 1. The Minutes of the regular meeting of April 5, and Min appvd the regular adjourned meeting of April 9, 1993, were approved as written. 04/19/93 PAGE TWO Ms. Lynn Van Kuilenburg addressed Council advising that she L. Kuilenburg was contacted by another attorney interested in being comments included in the selection of attorneys to be considered to provide a second opinion of the Azusa Rock Quarry operation. She advised that his name was Gregory Tramarsh of the firm of Morrison & Forrester, of Los Angeles. She also advised that she has been photographing the Rock Quarry and has noticed significant changes in the operation. Chief of Police Nelson addressed Council and audience COP Nelson reminding all that he is looking forward to meeting the comments community on Tuesday, April 27th, at 7:30 p.m., in the Civic Auditorium. 'The CONSENT CALENDAR consisting of Items 1 through 18 was approved by Cons Cal motion of Councilman Naranjo, seconded by appvd G-9, Councilwoman Madrid and unanimously carried by roll call G-16 & G-17, vote, with the exception of items G-9, G-16, and G-17, Spec Call which were considered under the Special Call portion of the Agenda. 1. The Minutes of the regular meeting of April 5, and Min appvd the regular adjourned meeting of April 9, 1993, were approved as written. 04/19/93 PAGE TWO fl 2. At the meeting of February 15, 1993, staff was Architect/ authorized to solicit requests for proposal for a Engineer consulting architect/engineer to provide design work in renovation connection with the renovation of Slauson Park Aquatic Slauson Pk Center. Five proposals were received from qualified Aquatic Ctr design firms. As directed, both the Azusa Unified Aquatic School District and Azusa Pacific University were Design contacted and both have respectfully declined to Group participate. Authorization was given to hire the Aquatic Design Group to provide full services which will include Schematic Design, Design Development, Construction Documents, and Construction Administration at a fee of 7% of the total construction budget, as outlined in their proposal dated February 24, 1993, and to begin posthaste in order to have a new pool for the 1994 season. 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C32 AUTHORIZING THE SUBMITTAL OF A REAPPLICATION PROPOSAL Agmt Sr. AND THE SIGNING OF A CONTRACT FOR PROVIDING SERVICES Meals FOR ELDERLY PERSONS AND AUTHORIZING EXECUTION OF ALL DOCUMENTS. 4. Request that proclamation be prepared recognizing the Proc for Month of May as "Older American Month", was approved Older Amer. and all Azusa residents were urged to participate in Month (May) appropriate ceremonies honoring Azusa's older adults. 5. Request th%t proclamation be prepared proclaiming Proc for Tuesday, A-pril 29, 1993, as "National Youth Service National Day", in the City, was approved. Youth Day 6. Plans and specifications for Reconductoring of Overhead Plans & specs Electric Lines at Various Locations in the City were Reconductor approved and the City Clerk was authorized to advertise Overhead lns for bids. 7. Bid opening was held in the City Clerk's Office on April 12, 1393, for the purchase of bare copper wire and 12 circ. t switches required by the Light Division. Seven bids were received for the wire and four bids were receives for the switches. The purchase of copper wire was awarded to Wesco, Inc., low bidder, in the amount of $67,358.29; and the purchase of switches was awarded to Southwest Power, Inc., low responsible bidder, in the amount of $34,592.37. S. The Light Division requires the purchase of it padmounted transformers and 3 pole type transformers in 8 different sizes, with most of them scheduled for needed replacements throughout the City. Five written quotations were received and evaluated on the life cycle operating cost. The purchases were awarded as follows: G.E. Supply, 7 transformers in the amount of $53,420.08; Wesco, 2 transformers in the amount of $13,098.25; and Young & Company, 5 transformers in the amount of $13,948.00. 9. SPECIAL CALL ITEM. ' 10. Bid opening was held in the City Clerk's Office on April 13, 1993, for "City Wide Concrete Improvements". Ten bids were received. The budgeted amount for the project is $240,500; however, $139,000 in savings has been realized in the course of recently completed street improvement projects. The contract was awarded to White Construction, low bidder, in the amount of $272,316.00 and approval was given for transfer of additional funds to the project; the Mayor and City Clerk were authorized to execute the contract. 04/19/93 PAGE THREE Bid Open wire/switches Southwest Pwr and Wesco Purchase of Transformers Various vendors Spec Call Bid Open City Wide Concrete Improve- ments White Const. 11. The City has participated in the Community Development CDBG Agmt Block Grant (CDBG) Program since its inception in 1974 Amend. #2 and has received funding for various projects. A Contract Amendment No. 2 to the Community Development block Grant Reimbursable Contract No. 64890 was approved and its execution was authorized. 12. Request that proclamation be prepared proclaiming the Proc Nat. week of May 16, 1993, through May 22, 1993, as Public "National Public Works Week", in the City was approved. Wks Week 13. Request that proclamation be prepared commending Dale Evans, Proc D. retiring Storekeeper, for his 19 years of Evans service to the City, was approved. 14. Specifications have been completed for the City Specs. Re - Facilities Entrance Door Retrofit project were trofit approved and the City Clerk was authorized to advertise doors Cty for bids. bldgs. 15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C34 APPROVING APPROPRIATION AMENDMENTS FOR FISCAL YEAR bdgt trfrs 1992-93 PURSUANT TO SECTION 3.04.050 OF THE AZUSA MUNICIPAL CODE. 16. SPECIAL CALL ITEM. Spec Call 17. SPECIAL CALL ITEM. Spec Call 18. 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-C37 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE Warrants FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. ISPECIAL CALL ITEMS Spec Call One of the measures implemented by the State in 1991 in State half - order to balance :Zs budget was a half -cent addition to the cent tax sales tax. :-7enue from the tax has amounted to approximately $1..: billion per year, which would need to be replaced if the measure is allowed to expire on June 30, 1993. Mr. Art Morales addressed proposed resolution urging the A. Morales Governor and the Legislature of the State to approve the comments continuance of the half -cent sales tax, voicing his opposition to the tax. Councilmembers Naranjo, Madrid and Mayor Moses voiced their Cnclmbrs opinion in favor of the half -cent tax and Councilman comments Alexander voiced his opinion in opposition to the tax. Councilman Naranjo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C33 APPROVING THE CONTINUANCE OF THE HALF -CENT SALES TAX State half - IMPLEMENTED ON JULY 1, 1991. cent tax Moved by Councilman Naranjo, seconded by Mayor Moses to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, MADRID, NARANJO, MOSES NOES: COUNCILMEMBERS: ALEXANDER ABSENT: COUNCILMEMBERS: NONE Councilwoman Madrid addressed item G-16, congratulating City Congrats to Employees listed for step increase/permanent status, and Cty empl bid farewell to employees that were ending their employment with the City. It was then moved by Councilwoman Madrid, 04/19/93 PAGE FOUR seconded by Councilman Dangleis and unanimously carried by roll call to approve Human Resources Action Items. 16. Human Resources Action Items were approved as follows: EMPLOYEE STEP INCREASE AND PERMANENT STATUS RECOMMENDATIONS NAME STATUS EFFECTIVE S. Santiago Step 3 04/22/93 A. Prestin Step 2 04/13/93 W. Spires Step 2 04/11/93 R. Ventor PermStat 04/23/93 NEW APPOINTMENTS NAME/CLASSIFICATION None. PROMOTIONS NAME/CLASSIFICATION EFFECTIVE SEPARATIONS NAME/CLASS::FICATION C. Fernandez, Jailer 03/31/93 F. Jenks, Comp Svs Mgr 04/16/93 Pers Items Step inc./ perm status Appointments Promotions Terminations Moved by Councilman Alexander to table indefinitely item Alexander regarding proposed resolution relative to the Community motion Maintenance and Fire Assessment Districts. Motion died for (died) the lack of a second. Councilman Danglsis offered a Resolution entitled: A RESOLUTION O' -THE CITY COUNCIL OF THE CITY OF AZUSA, Res. 93-C35 CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL initiating ASSESSMENTS FOR "CITY OF AZUSA LANDSCAPING AND LIGHTING proceedings ASSESSMENT DISTRICT NO. 1 (COMMUNITY MAINTENANCE FEE)" FOR Comm Maint FISCAL YEAR 1993-94 AND ORDERING THE PREPARATION AND FILING Fee OF A REPORT IN ACCORDANCE THEREWITH. 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 NOES: COUNCILMEMBERS: ALEXANDER, MOSES ABSENT: COUNCILMEMBERS: NONE Councilman Dangleis offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C36 INITIATING PROCEEDINGS FOR THE ANNUAL ASSESSMENTS FOR THE initiating CITYWIDE "FIRE SUPPRESSION BENEFIT" ASSESSMENT FOR FISCAL proceedings YEAR 1993-94 AND ORDERING THE PREPARATION AND FILING OF A Fire Supp. REPORT IN ACCORDANCE THEREWITH. Benefit 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 NOES: COUNCILMEMBERS: ALEXANDER, MOSES ABSENT: COUNCILME14BERS: NONE 04/19/93 PAGE FIVE THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 8:25 P.M. UUNT1NUSu UEL15EXATIUN Ur' UUIVT PUBLIC HEARING - on proposed sale of certain real property in the Azusa Central Business District Redevelopment Project. The Mayor/Chairman declared the Deliberation portion of the Hearing re -opened. Redevelopment Director Steel addressed the issue stating that the Joint Public Hearing was continued in order for staff to address the following questions: What guarantees does the Agency have that the project will proceed if the DDA is approved, and would the Developer agree to sell the site back to the Agency at exactly what they paid for it should the project default after conveyance? He stated that the DDA has been structured so that the most uncertain elements of the project (entitlements and financing) must be secured prior to conveyance of the Site and conveyance will only occur after the project has obtained all approvals necessary to commence construction. Further, if a default occurs, the Agency has fair and reasonable remedies to recapture the Site, the two options are purchase of the site and site revesting, which may entail litigation. Councilwoman/Director Madrid offered a Resolution entitled: Convene CRA/ Cncl Jnt Pub Hrg Sale of prop CBD Hrg re -open Dir CRA Steel comments A RESOLUTION OF ':`HE BOARD OF DIRECTORS OF THE REDEVELOPMENT Res. 93-R16 AGENCY OF THE CITY OF AZUSA RECERTIFYING THE FINAL EIR/EIS ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT Neg Dec DDA AND APPROVING THE NEGATIVE DECLARATION FOR THE PROPOSED DDA HLC Corp. WITH HLC CORPORATION. Moved by Councilwoman/Director Madrid, seconded by Councilman/Director Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council/Agency: AYES: COUNCILMEMBERS/DIRECTORS: DANGLEIS, MADRID, NARANJO NOES: COUNCILMEMBERS/DIRECTORS: ALEXANDER, MOSES ABSENT: COUNCILMEMBERS/DIRECTORS: NONE Councilwoman/Director Madrid offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C38 APPROVING THAT CERTAIN AGREEMENT ENTITLED "DISPOSITION AND Appvg DDA w/ DEVELOPMENT AGREEMENT BY AND BETWEEN THE REDEVELOPMENT HLC Corp. AGENCY OF THE CITY OF AZUSA AND HLC CORP., A CALIFORNIA CORPORATION". Moved by Councilwoman/Director Madrid, seconded by Councilman/Director Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council/Agency: AYES: COUNCILMEMBERS/DIRECTORS: DANGLEIS, MADRID, NARANJO NOES: COUNCILMEMBERS/DIRECTORS: ALEXANDER, MOSES ABSENT: COUNCILMEMBERS/DIRECTORS: NONE Councilwoman/Director Madrid offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT Res. 93-R17 AGENCY OF THE CITY OF AZUSA APPROVING THAT CERTAIN AGREEMENT Appvg DDA w/ ENTITLED "DISPOSITION AND DEVELOPMENT AGREEMENT BY AND HLC Corp. BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND HLC CORP., A CALIFORNIA CORPORATION". 04/19/93 PAGE SIX 1 L� Moved by Councilwoman/Director Madrid, seconded by Councilman/Director Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council/Agency: AYES: COUNCILMEMBERS/DIRECTORS: DANGLEIS, MADRID, NARANJO NOES: COUNCILMEMBERS/DIRECTORS: ALEXANDER, MOSES ABSENT: COUNCILMEMBERS/DIRECTORS: NONE Redevelopment Director Steel addressed Council/Agency stating that in November, 1991, staff was directed to create a unified parking area behind the 600 block of Azusa Avenue, just east of San Gabriel Avenue from Sixth Street to Foothill Boulevard. Further, that there are sixteen private ownerships including Agency owned property and the City alley. All owners were required to enter into a Reciprocal Easement Agreement to provide a common parking, access, utilities, and maintenance of the Parking Court. He detailed all aspects of the project to create the Downtown Parking Court which included Letters of Agreement with fourteen downtown property owners, the purpose of the project, Agency responsibilities, Property owner responsibilities, Planning Commission approvals, City of Azusa responsibilities and the creation of an Underground Uitlity District which involves relocation of telephone, cable television, and electric utilities. He stated that there is a need to acquire the property at 604 N. San Gabriel to create necessary access to the Parking Court Project. Dir CRA Steel comments Downtown Parking Court Mr. Ray Spano of the Arroyo Group addressed Council/Agency R. Spano thanking them for the opportunity to work in and with the Arroyo Group City of Azusa staff. comments Councilman/Director Alexander offered a Resolution entitled: A RESOLUTION 07 THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C39 APPROVING A RE;: 'JROCAL EASEMENT AGREEMENT FOR THE CBD Appvg Reci- PARKING COURT PROrcCT. procal Esmt Agmt Moved by Councilman/Director Alexander, seconded by CBD Pkg Crt 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, MADRID, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS/DIRECTORS: NONE ABSENT: COUNCILMEMBERS/DIRECTORS: NONE Councilman/Director Alexander offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT Res. 93-R18 AGENCY OF THE CITY OF AZUSA APPROVING A RECIPROCAL EASEMENT Appvg Reci- AGREEMENT FOR THE CBD PARKING COURT PROJECT. procal esmt Agmt CBD Moved by Councilman/Director Alexander, seconded by Pkg Crt 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, MADRID, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS/DIRECTORS: NONE ABSENT: COUNCILMEMBERS/DIRECTORS: NONE 04/19/93 PAGE SEVEN Councilman/Director Alexander offered a Resolution entitled: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE Res. 93-R19 CITY OF AZUSA APPROVING A PURCHASE AND SALE AGREEMENT FOR acquisition THE PURCHASE OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT 604 N. San 604 NORTH SAN GABRIEL AVENUE. Gabriel Moved by Councilman/Director Alexander, 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, MADRID, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS/DIRECTORS: NONE ABSENT: COUNCILMEMBERS/DIRECTORS: NONE Councilman/Director Alexander offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA SETTING A PUBLIC HEARING TO CONSIDER INITIATING PROCEEDINGS TO ESTABLISH AN UNDERGROUND UTILITY DISTRICT. Moved by Councilman/Director Alexander, seconded by Councilman/Director Dangleis to waive further reading and adopt. Resolut-an passed and adopted by the following vote of the Council/" 3ncy: AYES: COUNCILMEMBERS/DIRECTORS: DANGLEIS, MADRID, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS/DIRECTORS: NONE ABSENT: COUNCILMEMBERS/DIRECTORS: NONE THE CITY COUNCIL CONVENED AS THE REDEVELOPMENT AGENCY AT 8:45 P.M. THE CITY COUNCIL RECONVENED AT 8:52 P.M. 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 Councilman Alexander left the Council table and abstained from items Ll and L2 on the Agenda. Councilman Naranjo offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE CITY ZONING MAP TO REFLECT THE RECLASSIFICATION OF VARIOUS CITYWIDE PROPERTIES FROM P TO R3C, CBD, C2 AND M2 tAND CERTIFYING THE NEGATIVE DECLARATION FOR SAID PROJECT. Moved by Councilman Naranjo, seconded by Councilman Dangleis and carried by roll call to waive further reading and introduce the Ordinance. Councilwoman Madrid dissenting and Councilman Alexander abstaining. Councilman Dangleis offered a Resolution entitled: A RESOLUTION APPROVING AN GENERAL PLAN Z-93-1. Setting Pub. Hrg. estab. Underground Utility District Convene CRA Reconvene No bus IDA No bus APFA Ord./Spec.Res Alexander lft Cncl tbl lst Rdg Ord. Zone Chg & Neg Dec Various Prop. OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C41 AMENDMENT TO THE LAND USE ELEMENT OF THE AZUSA Gen Plan (GPA -93-1) IN CONNECTION WITH ZONE CHANGE N0. Amend 04/19/93 PAGE EIGHT Moved by Councilman Dangleis, to waive further reading and adopted by the following vote AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: seconded by Councilman Naranjo adopt. Resolution passed and of the Council: DANGLEIS, NARANJO, MOSES MADRID NONE ALEXANDER Moved by Councilman Naranjo, seconded by Councilman Dangleis and carried by roll call to waive further reading and introduce the Ordinance. Councilwoman Madrid dissenting. Councilman Alexander offered an Ordinance entitled: Councilman Naranjo offered an Ordinance entitled: let Rdg Ord comments AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st Rdg Ord transportation to arrive at worksites as opposed to driving AMENDING TITLE 5 CHAPTER 8 SECTIONS 180, 230 AND 235, Various ENTITLED BUSINESS LICENSES AND REGULATIONS, GENERAL AMC sections to address these concerns in order to comply with PROVISIONS, REFUNDS, PENALTIES, ADDITION OF SECTION 235 COST requirements contained within the Congestion Management RECOVERY, CHAPTER 12 SECTIONS 010 AND 090 ENTITLED Metropolitan Transportation Authority (MTA). He stated MISCELLANEOUS BUSINESSES SALES, MANUFACTURING, WHOLESALE, Sched Items SERVICES, PROFESSIONALS AND MOTION PICTURE THEATERS, Pub Hrg increments. Developments with a minimum of 25,000 sq. ft. APARTMENTS, ROOMING HOUSES, INDIVIDUAL HOMES AND TITLE 15 Code Amend CHAPTER 8 SECTION 101 ENTITLED BUILDINGS AND CONSTRUCTION, #194 projects 50,000 sq. ft. or more shall contain an alternative ABATEMENT OF REAL PROPERTY NUISANCES, BY ADDING SUB -SECTION Hrg open P RELATING TO UNLICENSED BUSINESS ACTIVITY WITHIN AZUSA. Moved by Councilman Naranjo, seconded by Councilman Dangleis and carried by roll call to waive further reading and introduce the Ordinance. Councilwoman Madrid dissenting. Councilman Alexander offered an Ordinance entitled: Community Development Director Bruckner addressed the issue AN ORDINANCE 0: THE CITY COUNCIL OF THE CITY OF AZUSA let Rdg Ord comments APPROVING A PUBLIC LEASEBACK. Public transportation to arrive at worksites as opposed to driving Leaseback Moved by Councilman Alexander, seconded by Councilman to address these concerns in order to comply with Dangleis and unanimously carried by roll call to waive requirements contained within the Congestion Management further reading and introduce the Ordinance. Metropolitan Transportation Authority (MTA). He stated SCHEDULED ITEMS Sched Items PUBLIC HEARING - on the creation of a Transportation Pub Hrg increments. Developments with a minimum of 25,000 sq. ft. Demand Managemen-_ Ordinance. Code Amendment No. 194. Code Amend is stocked with ridesharing and public transit schedules, #194 projects 50,000 sq. ft. or more shall contain an alternative The Mayor declare:: the Hearing open. The Deputy City Clerk Hrg open read the affidavit of proof of publication of notice of said in excess of 100,000 sq. ft. shall include the above items Hearing published in the Azusa Herald on April 8, 1993. and also loading areas for ridesharing employees, pedestrian Community Development Director Bruckner addressed the issue Comm Dev Dir stating that the purpose of the Code Amendment is to comments persuade employees to rideshare or use alternative forms of transportation to arrive at worksites as opposed to driving alone, while also reducing traffic congestion and air pollution. Further, that the proposed ordinance was prepared to address these concerns in order to comply with requirements contained within the Congestion Management Program (CMP), as developed by the Los Angeles County Metropolitan Transportation Authority (MTA). He stated that the specific design features will be incorporated into new commercial and industrial projects based on three size increments. Developments with a minimum of 25,000 sq. ft. shall include a designated commuter information area which is stocked with ridesharing and public transit schedules, projects 50,000 sq. ft. or more shall contain an alternative transportation information area and include designated ridesharing parking spaces and bicycle racks, and projects in excess of 100,000 sq. ft. shall include the above items and also loading areas for ridesharing employees, pedestrian sidewalk systems, and bus stop improvements if determined appropriate. Councilwoman Madrid voiced concerns regarding the appeal Madrid process, provisions for ridesharing when it isn't feasible, comments and the imposition of more strict rules for new businesses entering the City. 04/19/93 PAGE NINE Community Development Director Bruckner responded stating Comm Dev Dir that there are provisions in the proposed ordinance response addressing an appeal process and that the ordinance will apply to newly constructed business buildings only. Mr. Art Morales addressed Council stating that he shared in A. Morales the concerns of Councilwoman Madrid and also voiced his comments opinion in opposition to the code amendment. Mr. Carrel Cline addressed Council stating that if the C. Cline ordinance is not adopted the City will lose money and since comments the requirements only apply to new businesses, he is in favor of the code amendment. Moved by Councilman Dangleis, seconded by Councilman Naranjo Hrg clsd and unanimously carried by roll call to close the Hearing. Moved by Councilman Dangleis, seconded by Councilman Naranjo Code Amend and carried by roll call to uphold Planning Commission's #194 appvd approval of said Code Amendment. Councilwoman Madrid dissenting. Councilman Dangleis offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING SECTION 19.90 OF THE AZUSA MUNICIPAL CODE ESTABLISHING TRANSPORTATION DEMAND MANAGEMENT STANDARDS (CODE AMENDMENT NO. 194) AND APP2OVING THE NEGATIVE DECLARATION. Moved by Councilman Dangleis, seconded by Councilman Naranjo and carried by roll call to waive further reading and introduce the Ordinance. Councilwoman Madrid dissenting. CONTINUED PUBLIC NUISANCE APPEAL - of Jose and Maria Rodriguez, for property declared a Public Nuisance located at 813 W. Gladstone Street, Azusa. The Deputy City Clerk administered the Oath to Community Improvement Mana-er Rudisel prior to his testimony. He stated that tY_., property at 813 W. Gladstone Street was declared a pu=`.c nuisance on January 12, 1993, due to illegal convers_n of a commercial building into two substandard rental housing units, unpermitted residential use in a Commercial 11C-2" Zone, accumulation of trash and debris, cockroach infestation and unlawful storage of dismantled vehicles. He presented photographs of the property to Councilmembers for review. He further stated that the City became aware of the illegal use by a complaint lodged by one of the tenants due to lack of heating. 1st Rdg Ord Estab Trans- portation Demand Mngmt Standards Cont Pub Nuis Appl Comm Impvmt Mngr Rudisel comments Questions and answer session ensued between staff and Questions/ Councilmembers regarding property disclosure statement, answers and the utility meters for the commercial buildings. Further, the commerical buildings had been inspected by the County Building Department. Mr. Jose Rodriguez addressed the informal hearing J. Rodriguez introducing himself to Council. comments Mr. Victor Mota, a friend of Mr. Rodriguez, addressed V. Mota/ Council stating that he would translate for Mr. Rodriguez as translator he was not confortable with speaking English at this time. Mr. Mota stated that Mr. Rodriguez purchased the property in Mr. Mota 1986, as a possible investment and a source of income. He comments stated that Mr. Rodriguez has made improvements and maintained the property as well as possible. Further, that he had no knowlege that the property was an illegal conversion. Further, that one meter was utilized for the commercial buildings and the other one was utilized for the two residential units. He stated that the City had inspected and issued a certificate of occupancy. 04/19/93 PAGE TEN City Attorney Barbosa asked Mr. Rodriguez if he understood Cty Atty all the testimony that had been received. Mr. Rodriguez comments said he did. City Attorney Barbosa asked Mr. Mota if he was an eyewitness to the testimony that he had given. He responded that he was eyewitness to partial improvements of the property and reports submitted. City Attorney Barbosa advised that the record reflect that Mr. Mota was characterizing incidents that Mr. Rodriguez had testified to. 'Discussion was held between Councilmembers and Mr. Mota Discussion regarding correction notices, occupany inspection notices, status of eviction, any attempts to determine if the property was legal or illegally converted, and the status of the property. Mr. Ron Legault addressed the issue expressing his opinion R. Legault in favor of the appeal. comments Further discussion was held between Councilmembers and staff Discussion regarding the mortgage holder, specific reasons that the property did not comply with the Municipal Code, City meters and inpection of the property. Moved by Councilman Dangleis, seconded by Councilman Hrg clsd Alexander and unanimously carried by roll call to close the Hearing. Moved by Councilman Alexander, seconded by Mayor Moses and Hrg re -open unanimously carried by roll call to re -open the Hearing. Additional discussion was held between Councilmembers and Add'1 Disc. staff regarding the fire hazard that exists on the buildings relating to wrought iron on the windows. Moved by Councilman Alexander, seconded by Mayor Moses and unanimously carried by roll call to close the Hearing. Moved by Councilman Dangleis, seconded by Councilman Naranjo and carried by toll call to deny the appeal and uphold the order to abate w -thin 90 days, limited to, if the property owner receives a vacation notice on the unlawful detainer to remove the tenant, it become effective at that time. Councilman Alexander and Mayor Moses dissenting. Hrg clsd Appeal denied Moved by Councilwoman Madrid, seconded by Councilman Naranjo Motion re - and unanimously carried by roll call that the above motion called be recalled and reconsidered. Moved by Councilwoman Madrid, seconded by Councilman Naranjo Appeal denied and unanimously carried by roll to deny the appeal. Moved by Mayor Moses, seconded by Councilwoman Madrid and Order to carried by roll call that the Order to Abate the nuisance be Abate appvd upheld with a time limit of two years to bring the property (2 years) into compliance with the Municipal Code. Councilmen Dangleis and Naranjo dissenting. OTHER BIIBINEsSICITY COUNCIL ' Councilwoman Madrid addressed Council regarding Centennial Square requesting input from Councilmembers to the question of going forward with the project or postponing it. Mr. Art Morales addressed Council expressing his opinion in opposition to the project. Mr. Ron Legault addressed Council expressing his opinion in favor of the project. 04/19/93 PAGE ELEVEN Oth/Bus/Cncl Madrid re: Centennial Square A. Morales comments R. Legault comments It was consensus of the Councilmembers to move forward with Consensus the Centennial Square Project as approved at a prior move fwrd meeting. Centnl Sq. It was consensus of Council that a plaque be prepared and Plaque to presented to former boxer Johnny Chavez at the upcoming J. Chavez fundraising event, further that certain streets in the area be temporarily barricaded for VIP's that will attend the event. 'An item of subsequent need arose, it was moved by Councilman Item subse- Alexander, seconded by Councilman Dangleis and unanimously quent need carried by roll call to agendize the item, which was to be Krems Prop. handled in Closed Session relating to the Krems Property. Moved by Councilman Alexander, seconded by Councilman Clsd Sess Dangleis and unanimously carried by roll call to recess to Closed Session to discuss the following: Real Property Negotiations (Gov. Code Sec. 54956.8), Proposed Transit Site - 850 W. Tenth Street. Litigation or Potential Litigation (Gov. Code Sec. 54956.9), Azusa Rock, 2nd Opinion, and Krems Property. Meet & Confer (Gov. Code Sec. 54957.6) Contract Services. TIME OF RECESS T: CLOSED SESSION: 10:15 P.M. THE CITY COUNC_L AT: 11:03 P.M. Recess Reconvened Moved by Councilman Naranjo, seconded by Councilman Action agnst Alexander and unanimously carried by roll call that the City Krems Prop Attorney be authorized to institute a civil action to abate nuisance the nuisance on the Krems Property and secure the property to insure the health and safety of the community. Moved by Councilman Naranjo, seconded by Councilman Dangleis Acquisition and unanimously carried by roll call that the City proceed 850 W. Tenth with the acqui-Ation of the property at 850 West Tenth Transit Site Street as a propc;sed Transit Site. Moved by Councilman Alexander, seconded by Councilman Dangleis and unanimously carried by roll call to adjourn. TIME OF ADJOURNMENT: 11:05 A.M. NEXT RESOLUTION NO. 93-C42 NEXT NO. 93-06 04/19/93 PAGE TWELVE Ad j ourn