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HomeMy WebLinkAboutMinutes - July 19, 1993 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING JULY 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 Call to Order salute to the Flag. The Council meeting was held in honor of Sister City, Mtg in honor Zacatecas, Mexico. of Zacatecas INVOCATION was given by Chaplian Gilbert Becerril of the Invocation Pathfinders Outreach Fellowship. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: MADRID, NARANJO, ALEXANDER, MOSES ABSENT COUNCILMEMBERS: DANGLEIS ALSO PRESENT Also Present Interim City Attorney Barbosa, City Administrator Garcia, Chief of Police Nelson, Utilities Director Hsu, Director of Finance Craig, Community Development Director Bruckner, Recreation Supervisor Noriega, Superintendent of Public Works Pedroza, City Librarian Maghsoudi, Administrative Analyst Dadaian, Redevelopment Project Manager Forintos, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Toscano. Ceremonial The Sister City Youth Exchange students were introduced to Intro Youth the Council by Sister City President Peggy Martinez and the Exchange Council presented gifts to the students. The City was Students presented with a gift from Zacatecas. The Mayor and each Councilmember welcomed the students to Welcome Azusa, addressing them in Spanish. It was consensus of Council to recess for five minutes. Recess TIME OF RECESS: 7:50 P.M. THE CITY COUNCIL RECONVENED AT: 7:53 P.M. Reconvened PUBLIC PARTICIPATION Pub.Prtc. Chief of Police Nelson addressed the Council and community COP Nelson providing an update of the Officer Exchange Program with Invitation Sister City Zacatecas. He also invited the audience to a Community community meeting to be held July 29, 1993, at 7:00 P.M. meeting Councilmembers offered congratulations to Chief Nelson on Congrats to his twenty-fifth anniversary with Azusa Police Department. COP Ms. Becky Moose addressed Council providing an update of the B. Moose Youth Explosion Rally to be held At Saint Frances of Rome Youth Church on July 30th, further requesting that Council Explosion recognize the event with the preparation of a proclamation. 7/30/93 It was consensus of Council that a proclamation be prepared Proc to be in honor of the Youth of the community. prepared Mr. Gilbert Becerril addressed Council providing an update G. Becerril on the Veteran's Memorial. He thanked all who have helped Update on the committee. Vet Mem Ms. Mary Grosvenor addressed Council requesting cooperation M. Grosvenor from the City and community to help meet the goals of the comments Veteran's Memorial Committee. Mr. Art Morales addressed Council encouraging the public to A. Morales attend the community meeting scheduled for July 29, 1993, at comments 7:00 P.M. in the Civic Auditorium. Mr. Jim McJunkin addressed Council with concerns regarding J. McJunkin the air particulates in the area. comments The CONSENT CALENDAR consisting of Items 1 through 26 was Cons Cal approved by motion of Councilwoman Madrid, seconded by appvd G-20, Councilman Naranjo and unanimously* carried by roll call and G-23, vote, with the exception of items G-20 and G-23, which were Spec Call considered under the Special Call portion of the Agenda. 1. Mr. Art Morales addressed Council and welcomed all in the A. Morales 1993, community to help with the construction of a Veteran's comments Memorial. Mr. Burt Law addressed Council with concerns regarding the B. Law 2. various types of trees planted throughout the City and the comments AZUSA possible problems their roots could cause. He suggested 93-C73 that another type of tree be planted replacing such trees. CULTURAL AND Superintendent of Public Works Pedroza responded stating L. Pedroza HISTORICAL LANDMARK COMMISSION. there are designated types of trees planted throughout the response C&H City and to replace them at this time would be too costly. 3. Mr. Art Morales addressed Council encouraging the public to A. Morales attend the community meeting scheduled for July 29, 1993, at comments 7:00 P.M. in the Civic Auditorium. Mr. Jim McJunkin addressed Council with concerns regarding J. McJunkin the air particulates in the area. comments The CONSENT CALENDAR consisting of Items 1 through 26 was Cons Cal approved by motion of Councilwoman Madrid, seconded by appvd G-20, Councilman Naranjo and unanimously* carried by roll call and G-23, vote, with the exception of items G-20 and G-23, which were Spec Call considered under the Special Call portion of the Agenda. 1. The Minutes of the regular meeting of July 6, 1993, Min appvd were approved as written. 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C73 REAPPOINTING EDITH RUSSEK TO THE CULTURAL AND E. Russek HISTORICAL LANDMARK COMMISSION. C&H Comm 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C74 REAPPOINTING BILL MOLINA JR. TO THE CULTURAL AND B. Molina HISTORICAL LANDMARK COMMISSION. C&H Comm 4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C75 REAPPOINTING WILLIAM EVERTON TO THE CULTURAL AND W. Everton HISTORICAL LANDMARK COMMISSION. C&H Comm 5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C76 APPOINTING ARTHUR R. ALVA TO THE CULTURAL AND A. Alva HISTORICAL LANDMARK COMMISSION. C&H Comm 6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REAPPOINTING JOE P. ESQUIVEL TO THE ARCHITECTURAL BARRIERS COMMISSION. 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING JESSE ALVA TO THE ARCHITECTURAL BARRIERS COMMISSION. 8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING SYLVIA GARCIA TO THE ARCHITECTURAL BARRIERS COMMISSION. 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REAPPOINTING JUDITH HARPER TO THE LIBRARY COMMISSION. 10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REAPPOINTING IVAN BERNDT TO THE LIBRARY COMMISSION. 07/19/93 PAGE TWO Res. 93-C77 J. Esquivel Arch Bra Comm Res. 93-C78 Arch Brs Comm Res. 93-C79 S. Garcia Arch Brs Comm Res. 93-C80 J. Harper Lib Comm Res. 93-C81 I. Berndt Lib Comm 11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REAPPOINTING DAVID SANTELLAN TO THE PARKS AND RECREATION COMMISSION. 12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REAPPOINTING CANDELARIO LOPEZ TO THE PARKS AND RECREATION COMMISSION. 13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING DAVID A. MORITZ TO THE PLANNING COMMISSION. 14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING CALIXTO M. MUNOZ TO THE PLANNING COMMISSION. Res. 93-C82 D. Santellan P&R Comm Res. 93-C83 C. Lopez P&R Comm Res. 93-C84 D. Moritz Ping Comm Res. 93-C85 C. Munoz Ping Comm 15. Plans and specifications for Project LD93-03, Plans & Specs installation of underground electric conduits at Underground various locations in the City were approved and the Electric City Clerk was authorized to advertise for bids. Conduits 16. Employment agreements for Messrs. Heck and Sampson, of Emplymt Agmt Azusa Valley Water Company, were approved and the Mayor Heck & Samp- and City Clerk were authorized to execute said son AVWC agreements. 17. Pursuant to the terms and conditions of the Operating and Assignment agreement for the acquisition of Azusa Valley Water company, the City will operate the water system of AVWC and in return pay Operating Payments to the Authority. There is a need to adopt rates, rules and regulations for the supply and sale of water and other deposits and charges. The following resolution was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C86 FIXING AND ESTABLISHING THE RATES TO BE CHARGED FOR Estab Wtr WATER PROVIDED TO CUSTOMERS OF THE AZUSA VALLEY WATER Rates AVWC COMPANY BY THE CITY OF AZUSA. customers 18. The City of Azusa needs additional safe investment vehicles. Participation in the California Arbitrage Management Trust will ensure the City Treasurer's three primary goals: safety, liquidity, and yield. The following resolution was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C87 TO JOIN WITH OTHER PUBLIC AGENCIES AS A PARTICIPANT OF Join Calif THE CALIFORNIA ARBITRAGE MANAGEMENT TRUST AND TO INVEST Arbitrage IN SHARES OF THE TRUST AND IN INDIVIDUAL PORTFOLIOS. Mngmt Trust 19. Pursuant to the Agreement regarding the Tender Offer Assume empls among Azusa Public Financing Authority, Azusa Public AVWC/create Improvement Corporation, the City and Azusa Valley class Utility Water Company, the City agreed to assume the employees Financial of AVWC. One new classification specification is being Analyst submitted for adoption into the classification plan as a Non -Represented Mid Manager by the Personnel Board for the position of Utility Financial Analyst. Authorization was given to assume the employees of the Azusa Valley Water Company and the classification ' specification of Utility Financial Analyst was adopted. 20. SPECIAL CALL. Spec Call 21. On May 3, 1993, Council adopted Code Amendment No. 194, establishing a Transportation Demand Management Ordinance in conformance with regional vehicle mobility plans administered by Metropolitan Transportation Authority. The MTA compliance process requires local government's self -certification of the ordinance. The following resolution was adopted: 07/19/93 PAGE THREE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93 -CSS FINDING THE CITY OF AZUSA TO BE IN COMPLIANCE WITH THE CMP/check- 1992 CONGESTION MANAGEMENT PROGRAM (CMP) AND APPROVING list THE CMP CONFORMANCE CHECKLIST. 22. In view of the state budget crisis, informal side letters to the employee Memoranda of Understanding were negotiated with the recognized bargaining groups meeting the increased cost of group medical insurance and extending the agreement an additional ninety days. The non -represented classified employee benefits should also be extended and amended. The following resolution was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C89 ADOPTING SIDE LETTERS OF AGREEMENT AND AMENDING Side ltrs RESOLUTIONS SETTING FORTH BENEFITS FOR NON -REPRESENTED agmt/empl CLASSIFIED EMPLOYEES EFFECTIVE JULY 1, 1993. groups 23. SPECIAL CALL ITEM. 24. The Lions Club conducted a rummage sale under the old ordinance, where certain fees were required. The new ordinance automatically waives the application fee for non-profit charitable organizations. The Lions Club requested waiver of fees it paid for the rummage sale. The request was approved in the amount of $70.00 and reimbursement was authorized. 25. Two separate resolutions authorizing payment of warrants by the City were adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Spec Call Waive fees Lions Club rummage sale Res. 93-C90, & 93-C91, Warrants ' 26. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C92 APPROVING APPROPRIATION AMENDMENTS FOR FISCAL YEAR Bdgt trnfrs 1993-94 PURSUANT TO SECTION 3.04.050 OF THE AZUSA MUNICIPAL CODE. SPECIAL CALL ITEMS Spec Call Messrs. Legault and Morales addressed Council in opposition Messrs. Le- to item selecting Wolfe and Associates to provide gault & Mor- telecommuncations consulting services., ales comments Director of Finance Craig responded stating that there are Dir of Fin five systems with nearly four -hundred lines, in addition to Response trunks, telephone instruments and computers all tied together. Due to the complex technology, there is a need to provide a professional approach, with a company that is up to date on electronics. Further, that there are problems with the system that the current vendors have not been able to solve. Moved by Councilman Alexander, seconded by Councilman Telecommuni= Naranjo and unanimously* carried by roll call to waive cation con- formal bidding procedures pursuant to the Municipal Code and sultant 'award the procurement of telecommunications consulting to Wolfe & Wolfe and Associates in an amount not to exceed $30,000. Associates Councilwoman Madrid addressed item G-23, congratulating City Congrats to Employees listed for step increase/permanent status, employees and also welcomed all new employees to the City of Azusa. It was then moved by Councilwoman Madrid, seconded by Councilman Naranjo and unanimously* carried by roll call to approve Human Resources Action Items. 23. Human Resources Action Items were approved as follows: Pers Items 07/19/93 PAGE FOUR EMPLOYEE STEP INCREASE AND PERMANENT STATUS Step inc./ RECOMMENDATIONS perm status NAME STATUS EFFECTIV J. Padilla PermStat/2 07/19/93 P. Maghsoudi PermStat 07/19/93 K. Mingle PermStat 07/19/93 R. Hayden PermStat 07/25/93 J. Mahan Step 3 07/21/93 X. Torres Step 5 07/09/93 V. Perkins Step 4 07/22/93 NEW APPOINTMENTS NAME/CLASSIFICATION EFFECTIVE E. Solano, Office Specialist undtmd P. Devore, Police Officer pending C. Franks, Police Officer pending NAME/CLASSIFICATION None. SEPARATIONS NAME/CLASSIFICATION EFFECTIVE None. THE CITY COUNCIL CONVENED AS THE REDEVELOPMENT AGENCY AT 8:29 P.M. THE CITY COUNCIL RECONVENED AT 8:54 P.M. THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. Appointments Promotions Terminations Convene CRA Reconvene No bus IDA THE CITY COUNCIL CONVENED AS THE AZUSA PUBLIC FINANCING Convene APFA AUTHORITY AT 8:55 P.M. THE CITY COUNCIL RECONVENED AT 8:59 P.M. ORDINANCES/SPECIAL RESOLUTIONS None. SCHEDULED ITEMS PUBLIC HEARING - on Code Amendment No. 195, to revise permitted uses in the CBD Zone. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice of said Hearing published in the Azusa Herald on July 8, 1993. 'Community Development Director Bruckner addressed the Hearing stating that in 1992, Code Amendment No. 181 was approved requiring that all businesses selling alcohol obtain a conditional use permit. During the preparation of this code amendment, a section of the Municipal Code which lists liquor stores as a permitted use in the CBD zone without requiring a CUP was inadvertantly retained, which has caused conflict within the CBD zone. This amendment would revise the list of permitted uses in the CBD zone. 07/19/93 PAGE FIVE Reconvene Ord./Spec.Res Sched Items Pub Hrg Code Amend 195 Hrg Open Comm Dev Dir comments Councilman Naranjo voiced concerns regarding saturation Naranjo of liquor stores throughout the City and requested that some comments sort of study be conducted sometime in the future, with a report back to Council. Councilwoman Madrid voiced concerns regarding impact on Madrid existing businesses, if the proposed Code Amendment is comments approved. Community Development Director Bruckner responded that there Comm Dev Dir will be no impact on existing businesses, they will remain response non -conforming uses, but that if they decide to relocate or a new business is established they will have to comply with the rules of the Municipal Code. Mr. Art Morales addressed the Hearing suggesting that in A. Morales addition to the study regarding saturation of liquor stores, comments regular stores that sell beer and wine should be included. Moved by Councilman Naranjo, seconded by Councilman Hrg clsd Alexander and unanimously* carried by roll call to close the Hearing. Moved by Councilman Alexander, seconded by Councilwoman Code Amend Madrid and unanimously carried by roll call to approve Code #195 appvd Amendment No. 195, as recommended by the Planning Commission. PUBLIC HEARING - on Code Amendment No. 196, revising Pub Hrg recreational vehicle and mobilehome parking and storage Code Amend requirements. 196 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 July 8, 1993. Moved by Councilwoman Madrid, seconded by Councilman Naranjo Referred back and unanimously carried by roll call to refer item back to to PC for Planning Commission for further study and add the subject of further study temporary parking of RV's and mobile home to that study. PUBLIC NUISANCE APPEAL - of Anne Bentley for the property Pub Nuis Apl declared a Public Nuisance on June 8, 1993, at 1203 N. 1203 N. Pasa- Pasadena Avenue. dena Ave. Community Development Director Bruckner addressed Council Comm Dev Dir stating that the property was declared a public nuisance due comments to the unpermitted use of a single family residence as a duplex rental property. In 1961 the room addition was constructed with the understanding that a door would be installed between the main house and the room addition. The door was never contructed. The order to abate requires that the rear unit (room addition) not be utilized as a second dwelling unit and that the interior door be installed to the room addition. City Attorney Barbosa administered the oath to Mrs. Anne A. Bentley Bentley, the appellant, she then stated that she purchased testimony the property in 1964 and lived in it for many years. She advised that she would not use the room addition as a rental but requested that she be relieved from having to install a door because it would cause an inconvenience. Mr. Ron Legault addressed the Hearing in favor of the R. Legault appellant. comments Mr. Art West addressed the Hearing in opposition to the A. West appellant, stating that if the unpermitted use was allowed, comments it would be a form of spot zoning. Discussion was held between Mrs. Bentley and Council -members. Discussion 07/19/93 PAGE SIX Moved by Councilwoman Madrid, seconded by Councilman Naranjo Hrg clad and unanimously* carried by roll call to close the Hearing. Moved by Councilman Naranjo, seconded by Councilman Hrg cont to Alexander and carried by roll call to continue the Hearing 8/2/93 until the next meeting in order to view the home. Councilwoman Madrid dissenting. Director of Finance Craig addressed Council regarding the Dir of Fin proposed residential fee increase request from Western comments Disposal. He detailed several new charges that have been imposed on Western Disposal since the closure of the Azusa 'Landfill, from the dump sites. Mr. Bob Hartunian addressed the issue requesting an increase B. Hartunian in residential fees due to increase in trash hauling fees. comments Mr. Art Morales addressed the issue expressing his A. Morales opposition to the fee increase. comments Mr. Art West addressed the issue in opposition to the fee A. West increase. comments Mr. Ron Legault addressed the issue in opposition to the fee R. Legault increase. comments Councilman Naranjo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C93 APPROVING AN AMENDMENT TO THAT CERTAIN AGREEMENT DATED JULY Amend to Agmt 1, 1968, BETWEEN THE CITY OF AZUSA AND WESTERN DISPOSAL w/Western COMPANY, AS AMENDED, RELATING TO THE COLLECTION OF Disposal RESIDENTIAL GARBAGE AND RUBBISH WITHIN THE CITY OF AZUSA. Moved by Councilman Naranjo, seconded by Councilman Alexander to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: NARANJO, ALEXANDER, MOSES NOES: COUNCIL4EMBERS: MADRID ABSENT: COUNCILMEMBERS:' DANGLEIS Mr. Ron Legault addressed Council in favor of the R. Legault acquisition of Azusa Valley Water Company. comments Councilman Naranjo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C94 APPROVING THE FORM OF INDEMNITY AGREEMENT AND AUTHORITY THE Appvg Indem- COMPLETION OF NEGOTIATIONS PERTAINING TO THE INDEMNITY nity Agmt AGREEMENT AND THE EXECUTION OF THE SAME. 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: MADRID, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: DANGLEIS 'Councilman Alexander offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C95 RATIFYING ACTION TAKEN IN FURTHERANCE OF THE ACQUISITIION OF Rtfyng action SHARES OF AZUSA VALLEY WATER COMPANY AND THE ISSUANCE AND taken re: SALE OF NOT TO EXCEED $30,000,000 PRINCIPAL AMOUNT OF Acquisition REVENUE BONDS RELATING TO SUCH ACQUISITION. of AVWC Moved by Councilman Alexander, seconded by Councilwoman Madrid to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: 07/19/93 PAGE SEVEN AYES: COUNCILMEMBERS: MADRID, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: DANGLEIS OTHER BUSINESS/CITY COUNCIL Moved by Councilman Naranjo, seconded by Councilman Alexander and unanimously* carried by roll call that proclamations be prepared for Community Service Officers Cathy Contreras and Mark Horeczko in recognition of their many services to the community and that a proclamation be prepared for Chief of Police Byron Nelson honoring him for twenty-five years of service to the City. Moved by Councilman Alexander, seconded by Mayor Moses and unanimously* carried by roll call to recess to Closed Session to discuss the following: Real Property Negotiations (Gov. Code Sec. 54956.8) Acquisition of Edison Electric Facilities. Litigation or Potential Litigation (Gov. Code Sec. 54956.9) Mack v. City of Azusa, and Naranjo v. City of Azusa. TIME OF RECESS TO CLOSED SESSION: 9:54 P.M. THE CITY COUNCIL RECONVENED AT: 10:21 P.M. Councilman Alexander offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING STAFF TO INITIATE THE ACQUISITION PROCESS FOR CERTAIN ELECTRICAL DISTRIBUTION FACILITIES FROM SOUTHERN CALIFORNIA EDISON COMPANY. Moved by Councilman Alexander, seconded by Councilman Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: MADRID, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: DANGLEIS Oth/Bus/Cncl Proc for C. Contreras, M. Horeczko, and B. Nelson Clsd Sess Recess Reconvened Res. 93-C96 Acquisition Electrical Dis Facility SCE Moved by Councilman Alexander seconded by Councilman Naranjo Adjourn to and unanimously* carried by roll call to adjourn to Monday, 7/26/93 July 26, 1993, at 7:00 P.M. in the Library Auditorium to 7 PM Lib discuss continued items and the Recycling Program. Auditorium TIME OF ADJOURNMENT: 10:22 P.M. NEXT RESOLUTION NO. 93-C97 NEXT ORDINANCE NO. 93-014 * Indicates Dangleis absent. 07/19/93 PAGE EIGHT