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HomeMy WebLinkAboutMinutes - May 16, 1994 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MAY 16, 1994 - 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 Alexander called the meeting to order and led in the salute to the Flag. Call to Order INVOCATION was given by Former Mayor Eugene F. Moses. Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present Interim City Attorney Barbosa, City Administrator Garcia, Chief of Police Nelson, Director of Finance Craig, Community Development Director Bruckner, Utilities Director Hsu, Director of Community Services Guarrera, City Librarian Maghsoudi, Redevelopment Director Cervantes, City Clerk Solis, Deputy City Clerk Toscano. 'CEREMONIAL Ceremonial The entire Council presented a proclamation and plaque to Eugene F. Moses, former Proc & Plaque Mayor of the City of Azusa honoring him for his many years of service to the City. to E. Moses The entire Council presented a proclamation and plaque to John R. Dangleis, former Proc & Plaque to Councilmember of the City of Azusa honoring him for his many years of service to J. Dangleis the City. Councilmember Madrid presented a Proclamation to Mr. Jerry Hirsch, Director of Proc to J. Hirsch Azusa Adult Education, proclaiming May 16 through May 23, 1994, as National Adult Education Adult Education Week in the City of Azusa. Pub. Part. Mr. Art Morales addressed Council advising that the cities of South El Monte, A. Morales Duarte, and Irwindale and possibly Fairplex have been studying the feasibility of comments allowing casino operations and inquired how this would effect the City of Azusa. Staff was directed to investigate the possible impact on the City from the operations. Mr. Forbe, representative of Saint Frances of Rome Church, addressed Council St. Frances of requesting that all fees be waived for its Annual Citrus Festival to be held on June 10 Rome Citrus through 12, 1994; further requesting that the Public Works Department be allowed to Festival hang banners advertising the event. Moved by Councilmember Naranjo, seconded by Mayor Alexander and unanimously G-10 brt fwrd carried by roll call that item G-10 be brought forward for handling at this time. Discussion was held regarding the amount of fees to be waived as well as the history Discussion of waiving of fees for the annual event. Director of Finance Craig advised that the Fire and Police fees historically have never been waived, and are billed at the end of the event at a cost of $30.00 per hour. Moved by Councilmember Naranjo, seconded by Mayor Alexander and unanimously Festival fees carried by roll call to approve waiver of fees and use of booths and stage for the waived/except Saint Frances of Rome Church functions, with the exception of Fire and Police fire/police services. Mr. Romy Pangilinan, Ms. Shirley Ortega, Mr. Art Morales, and Mr. Ray Fraijo, R. Pangilinan addressed Council requesting sixteen duplicates of the proclamation previously S. Ortega, A. approved and prepared by the City Council in honor of Philippine Independence Morales & R. Day, one to be sent to the President of the Philippines, and fifteen to be presented to Fraijo the co-founders of the Filipino Steering Committee and that they be presented to the comments members in front of City Hall on June 12, 1994. Moved by Councilmember Naranjo, seconded by Mayor Moses and unanimously carried by roll call to approve the request. Mr. Ted Meyers, Executive Director of the Foothill Community Mental Health T. Meyers Center, addressed Council requesting consideration of supporting attempts to try and Mental Health increase Mental Health funding in the area. Chief of Police Nelson addressed Council in support of the Mental Health issue and COP encouraged Council to send a letter to Los Angeles County Health Department comments requesting that there be no further cuts in that area. It was consensus of Council that a Resolution be prepared and placed on the next Reso Mental 'Council agenda in support of the Mental Health Center and be sent to County Health support Supervisor Gloria Molina as well as the Los Angeles County Health Department. Community Services Director Guarrera addressed Council providing an update of the J. Guarrera progress of the pool and advised that the dedication of the pool will be held on July comments 2, 1994. The CONSENT CALENDAR consisting of Items 1 through 14 was approved by Consent Cal. motion of Councilmember Naranjo, seconded by Councilmember Madrid and appvd G-9, G14, unanimously carried by roll call vote, with the exception of items G-9 and G-14, Spec Call which were considered under the Special Call portion of the Agenda. Item G-10 was handled during public participation portion of the Agenda. 1. The Minutes of the Special meeting of April 25, 1994 and the regular meeting Min appvd. of May 2, 1994. 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, Res. 94-C72 CALIFORNIA, APPROVING APPROPRIATION AMENDMENTS FOR bdgt transfers FISCAL YEAR 1993-94 PURSUANT TO SECTION 3.03.050 OF THE AZUSA MUNICIPAL CODE. 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 94-C73 ENTERING INTO AND AUTHORIZING THE MAYOR TO SIGN THE General Svs GENERAL SERVICES AGREEMENT BETWEEN THE CITY OF AZUSA Agmt w/Co. AND THE COUNTY OF LOS ANGELES. 05/16/94 PAGE TWO 4. The Light Department has budgeted for the purchase of a 3/4 ton pickup truck Specs 3/4 ton with service body. The truck will replace a 1986 truck that has been in service pick-up for 8 years. The item is budgeted in the capital improvement budget. The specifications were approved and the City Clerk was authorized to advertise for bids. 5. The City of Azusa acquired the electrical distribution system serving the old SCE Easement Ranch Center from Edison a few years ago. Transfer of easement is part of the procedure. Edison has prepared, executed the Assignment document and is seeking execution by the City for acceptance. The easement was accepted and the Mayor and City Clerk were authorized to execute the Assignment. 6. The Water Main Replacement Program Project for 1993-94 has been completed Notice of by Robert Brkich Construction Corporation. The project was inspected and Completion approved by the Water Division and the State of California Department of R. Brkich Health Services. The project was accepted as complete; the Notice of Construction Completion was approved and authorization was given to have same recorded. Company 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 94-C74 14. SPECIAL CALL ITEM. Spec Call 05/16/94 PAGE THREE AMENDING RESOLUTION NO. 94-C66 APPOINTING A CITY OF AZUSA City Selection MEMBER AND ALTERNATE OF THE CITY SELECTION COMMITTEE. Committee 8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING RESOLUTION NO. 94-C67 DESIGNATING A DIRECTOR Res. 94-C75 AND AN ALTERNATE OF THE BOARD OF DIRECTORS OF THE League of LEAGUE OF CALIFORNIA CITIES. California Cities 9. SPECIAL CALL ITEM. Spec. Call 10. HANDLED DURING PUBLIC PARTICIPATION. Handled Pub.Part. ' 11. The City maintains its own self-insured Workers' Compensation program for all employees. Like many cities, Azusa contracts with a third party to provide for Workers' program administrative work such as paying medical bills, scheduling Compensation conferences and legal work, and preparing and maintaining statistical data and Fleming and reports. The level of service that Fleming and Associates has provided the City Associates during the past two years has been outstanding. They have agreed to give the City of Azusa a "preferred client" pricing structure of $385.00 per claim, (which reflects no increase). The agreement is for a two year period. The proposal was accepted and the Mayor was authorized to execute the agreement. 12. On April 26th, the Light Division experienced an immediate and urgent need for a large number of luminaires, due to an electric storm that evening. Purchase of Luminaires are the upper, curved part of a street light assembly that arches out Luminaires over the street and includes the lighting fixture and bulb. Two quotations were received. Formal bidding procedures were waived pursuant to the Municipal Code and the purchase of 60 luminaires from Rayvern Lighting supply in the amount of $9,681.88 was confirmed. 13. Resolution authorizing payment of warrants by the City was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE Res. 94-C76 FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Warrants 14. SPECIAL CALL ITEM. Spec Call 05/16/94 PAGE THREE Special Call Items Councilmember Madrid congratulated employees listed for permanent status/step Congrats to increases. It was then moved by Councilmember Madrid, seconded by City employees Councilmember and unanimously carried by roll call to approve Human Resources Action Items. 9. EMPLOYEE STEP INCREASE AND PERMANENT STATUS Human Res. RECOMMENDATIONS: Action Items NAME STATUS EFFECTIVE R. Rodriguez, Pol Rcds Step 4 A. Toscano, Jailer Step 2 P. Branconier, Wtr Util Wkr Step 2 K. Ball, Meter Reader Step 4 NEW APPOINTMENTS None. PROMOTIONS None. SEPARATIONS None. ' LEAVE REQUESTS None. 05/06/94 05/03/94 05/01/94 05/02/94 Mayor Alexander addressed Resolutions initiating proceedings for the Annual Alexander Assessments for the City of Azusa Landscaping and Lighting and Fire Suppression comments Benefits expressing his opposition to them. Councilmember Madrid offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, Res. 94-C77 CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL Community ASSESSMENTS FOR "CITY OF AZUSA LANDSCAPING AND LIGHTING Maintenance ASSESSMENT DISTRICT NO. 1 (COMMUNITY MAINTENANCE FEE)" FOR Fees FISCAL YEAR 1994-95 AND ORDERING THE PREPARATION AND FILING OF A REPORT IN ACCORDANCE THEREWITH Moved by Councilmember Madrid, seconded by Councilmember Beebe to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE NOES: COUNCILMEMBERS: ALEXANDER ABSENT: COUNCILMEMBERS: NONE 05/16/94 PAGE FOUR Councilmember Madrid offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 94-C78 INITIATING PROCEEDINGS FOR THE ANNUAL ASSESSMENTS FOR THE Fire Suppression CITYWIDE "FIRE SUPPRESSION BENEFIT" ASSESSMENT FOR FISCAL Benefit YEAR 1994-95 AND ORDERING THE PREPARATION AND FILING OF A REPORT IN ACCORDANCE THEREWITH 'Moved by Councilmember Madrid, seconded by Councilmember Beebe to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE NOES: COUNCILMEMBERS: ALEXANDER ABSENT: COUNCILMEMBERS: NONE THE CITY COUNCIL CONVENED JOINTLY WITH THE Cncl/CRA REDEVELOPMENT AGENCY AT: 8:22 P.M. convene jointly JOINT PUBLIC HEARING - on proposed Owner Participation Agreement with Joint Public Deutsch Company. Hrg. Deutsch The Mayor/Chairman declared the Hearing open. The City Clerk/Secretary read the Hrg open. affidavit of proof of publication of notice of said hearing published in the Azusa Herald on May 5, and May 12, 1994. Redevelopment Director Cervantes addressed the Hearing stating that Deutsch CRA Dir. Company has entered into a lease agreement with Tru -Wood Products, a furniture comments 'manufacturing company currently located in the City of Industry. Tru -Wood is interested in locating their company in the building at 915 West Fifth Street. Several property improvements and a major pollution control system are required to make the building ready for the wood manufacturing production. Tru -Wood will be transferring 50 full-time employees to the City and within one year will hire an additional 50 people. The Agency is proposing to provide $150,000 deferred loan to make the necessary pollution control system additions and the Light and Water Department has also agreed to provide an up -front loan of $25,000 so that they can make the necessary electrical improvements for their operation. Tru -Wood will be added as a party to the agreement because the obligation to use best efforts to hire Azusa residents should fall on them rather than Deutsch. The OPA existing with Deutsch will be amended to add this proposal and the interest rate will be 8%. The loan will be forgiven by the Agency if at the end of five years Deutsch has complied with all of the terms of the owner participation agreement and the other loan documents. Mr. Richard McMurtrie addressed Councilmembers/Directors answering questions R. McMurtrie regarding air quality standards, plans, manufactured products and the agreement. comments Mr. Art Morales addressed the Hearing in favor of the proposed Owner A. Morales Participation Agreement with Deutsch and Tru -Wood Products. comments Moved by Councilmember/Director Madrid, seconded by Councilmember/Director Hrg closed Naranjo and unanimously carried by roll call to close the Hearing. Councilmember/Director Madrid offered a Joint Resolution entitled: 05/16/94 PAGE FIVE A JOINT RESOLUTION OF THE BOARD OF DIRECTORS OF THE Res. 94-1123 REDEVELOPMENT AGENCY AND CITY COUNCIL OF THE CITY OF AZUSA and Res. 94-C79 APPROVING THE REDEVELOPMENT LOAN BY THE REDEVELOPMENT OPA Deutsch AGENCY OF THE CITY OF AZUSA PURSUANT TO THAT CERTAIN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND DEUTSCH COMPANY. Moved by Councilmember/Director Naranjo, seconded by Councilmember/Director 'Beebe to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council/Agency: AYES: COUNCILMEMBERS/DIRECTORS: H A R D I S O N, M A D R I D, NARANJO, BEEBE, ALEXANDER NOES: COUNCILMEMBERS/DIRECTORS: NONE ABSENT: COUNCILMEMBERS/DIRECTORS: NONE Councilmember/Director Beebe offered a Resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY, Res. 94-R24 AMENDING SECTION 2 OF RESOLUTION NO. 92-C40 AND RESOLUTION and Res. 94-C80, NO. 92-RI9 REGARDING RULES OF ORDER FOR THE CONDUCT OF CITY Rules of Order COUNCIL AND AGENCY BOARD MEETINGS. Conduct of meetings Moved by Councilmember/Director Beebe, seconded by Councilmember/Director Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council/Agency: ' AYES: COUNCILMEMBERS/DIRECTORS: H A R D I S O N, M A D R I D, NARANJO, BEEBE NOES: COUNCILMEMBERS/DIRECTORS: ALEXANDER ABSENT: COUNCILMEMBERS/DIRECTORS: NONE THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT 8:38 P.M. Cncl recessed/ CRA cont. THE CITY COUNCIL RECONVENED AT 10:00 P.M. Cncl reconvened THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO IDA BE TRANSACTED. No bus. THE CITY COUNCIL DID NOT RECESS AS THE AZUSA PUBLIC FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE APFA TRANSACTED. No bus. ' ORDINANCE/SPECIAL RESOLUTIONS Ord/Spec Resos. None. 05/16/94 PAGE SIX Scheduled Items PUBLIC HEARING - on appeal of Conditional Use Permit and Precise Plan of Pub Hrg. Design by Ghassan Durr/Fishman-Covert Partnership, for the property located at 310 Durr North Citrus Avenue //1. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of Hrg open. publication of notice of said Hearing published in the San Gabriel Valley Tribune on 'May 6, 1994. Director of Community Development Bruckner addressed the Hearing stating that the Com Dev Dir applicant is requesting a Conditional Use Permit and Precise Plan of Design in order comments to permit on sale beer at his place of business which is a billiard parlor. He stated that the Planning Commission denied the request on grounds that the use would be incompatible with the surrounding area and would be part of an over concentration of such uses in the area. The Police Department objected to the use due to more calls and Azusa Pacific University objected due to the bad influence. He stated that the Planning Commission felt it would be more like a sports bar instead of a family type business. Mr. Ghassan Durr, the applicant addressed the Hearing advising that his business G. Durr provides friendship and harmony, that he is losing business by not being competitive comments with surrounding business and that if the sale of beer becomes a detriment to society he would cease the sale. Mr. Osama Durr, son of the applicant addressed the Hearing advising that he will O. Durr attend courses recommended by the Alcohol Beverage Control to get a better comments understanding of how to run that type of business. Question and answer session was held between Councilmembers and the applicants Discussion regarding hours of operation, snacks now provided, suggestions to serve a full service deli, criteria when serving beer, third party insurance, requirements for alcohol permits, rules, regulations and security. Councilmembers voiced many concerns regarding the change of atmosphere, the element of customers, and security. Mr. Ron Legault addressed the Hearing in favor of the appeal. R. Legault Chief Byron Nelson addressed the Hearing voicing his opposition to the appeal COP comments advising of the many police problems that may occur. Mr. Hank Boda, President of Azusa Pacific University addressed the Hearing H. Boda, expressing his opposition to the appeal stating that the business does cater to students comments from APU and Citrus College. Ms. Ida Leisenring addressed the Hearing in opposition to the appeal. 1. Leisenring Mr. Art Morales addressed the Hearing in opposition to the appeal. A. Morales Ms. Rena Zar addressed the Hearing in favor of the appeal. R. Zar Mr. Romy Pangilinan addressed the Hearing in opposition to the appeal. R. Pangilinan Mr. Farid Durr, son of the applicant, addressed the Hearing advising that other F. Durr businesses in the surrounding area serve alcohol and that it seems that they are comments targeting their place of business. Mrs. Olsa Durr, wife of the applicant addressed the Hearing requesting further study O. Durr of the similar type businesses before a decision is made. 05/16/94 PAGE SEVEN Mr. Ghassan Durr, the applicant re -addressed the Hearing advising that the business G. Durr is creating friendships, the main purpose is not to sell beer, but to keep business, and comments that they may lose the business if the use is not permitted. Moved by Councilmember Naranjo, seconded by Councilmember Madrid and Hrg closed unanimously carried by roll call to close the Hearing. Moved by Councilmember Naranjo, seconded by Councilmember Madrid to deny the Motion to deny 'appeal and uphold the Planning Commission decision. Motion failed, (failed) Councilmembers Hardison, Beebe and Alexander dissenting. Moved by Councilmember Hardison, seconded by Mayor Alexander and carried by Motion to roll call direct Mr. Durr back to the Planning Commission to provide Precise Plans refer back to to show how they are going to incorporate a full food service, a time line of how Planning they are going to administer requirements of Alcohol Beverage Control, a Precise (appvd) Plan of tentative improvements, and also that a Conditional Use Permit be created with strict provisions. Councilmembers Madrid and Naranjo dissenting. City Attorney advised that if a Conditional Use Permit is granted it will run with the City Attorney land unless it terminates, expires or is revoked. advised. Oth/Bus Cncl. Mayor Alexander addressed item regarding possible alternatives and reactions to the Alexander opening of the B.F.I. Landfill requesting more information on the re -opening of the comments Landfill to accept municipal refuse. re: Azusa Landfill City Administrator Garcia responded stating that B.F.I. is currently receiving inert City Admin material, and recycling rubber, but that they would be expanding to receive refuse response 'and that all their permits are in order. Councilmember Madrid addressed the issue stating that a strong letter of protest Madrid should be sent to the Regional Water Quality Board to oppose the intended receipt of comments municipal wastes by B.F.I. due to the non-traditional approach to the re -opening. Councilmember Naranjo addressed the issue on the need for more information Naranjo regarding the situation, such as the permits that B.F.I. is operating with and the comments options the City has. General discussion was held regarding the options the City has for prohibiting or Discussion limiting B.F.I. from accepting municipal wastes at the Azusa Landfill. It was then moved by Mayor Alexander, seconded by Councilmember Madrid and Letter to carried by roll call that a letter be sent to the Regional Water Quality Board Regional requesting a temporary halt of the intended expanded receipt of municipal wastes at Water Quality the Azusa Landfill until sufficient information is obtained by the City. Board Councilmembers Hardison and Naranjo dissenting. Community Development Director Bruckner addressed issue regarding the Civic Parking study Center Parking Study. He addressed four specific parking lots that were studied presentation which are as follows: Alameda Ave. and Foothill Blvd., it was recommended to utilize the alameda and Foothill lot for City Hall patrons and staff only; Santa Fe Ave. and Alameda Ave.: it was recommended to vacate the westerly half of Santa Fe Ave. beginning at the alley, thereby creating a secured parking lot for Police Department use; The vacant lot on Dalton Ave. across from the Civic Auditorium: it was recommended to pave and secure the Dalton Ave. lot for City vehicle parking; and Tenth St.. and Vernon Ave.: it was recommended to improve the Tenth St. lot as a ride share facility. - 05/16/94 PAGE EIGHT After additional discussion, it was moved by Councilmember Beebe, seconded by Discussion Mayor Alexander and unanimously carried by roll call that the Parking Committee Parking Committee be directed to come back to the June 20, 1994 Council meeting with a prepared to come back estimated cost for the development of the lot on Dalton and a proposal for the lot on with costs & Alameda and Foothill in order that they may be included in the budgeting process for proposal next year, further, with a time frame in which both projects could be accomplished. THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED Cncl/CRA convene ' JOINTLY TO RECESS TO CLOSED SESSION AT 11:49 P.M. Item of subse- An item of subsequent need arose and it was moved by Mayor/Chairman Alexander, quent need seconded by Councilmember/Director Naranjo and unanimously carried by roll call to agendize Closed Session item to be handled under Litigation or Potential Litigation section in the name of Gomez v. City of Azusa. Closed Session Moved by Mayor/Chairman Alexander, seconded by Councilmember/Director Naranjo and unanimously carried by roll call to recess to closed session to discuss the following: Real Property Negotiations (Gov. Code Sec. 54956.8) 221 S. Virginia, acquisition feasibility, and 675 E. Foothill Blvd, Edwards Theater property. Litigation or Potential Litigation, (Gov. Code Sec. 54956.9) Yepez v. City of Azusa, World Wide Video v. City of Azusa, and Gomez v. City of Azusa. Recess TIME OF RECESS: 11:50 P.M. Reconvened RECONVENED: 1:10 A.M. CRA Adjourn 'It was consensus of the Agency Board members to Adjourn. TIME OF ADJOURNMENT: 1:11 A.M. Settlement Moved by Mayor Alexander, seconded by Councilmember Beebe and unanimously Yepez v. City carried by roll call to approve settlement regarding Yepez v. City on the terms outlined in Closed Session. Settlement Moved by Mayor Alexander, seconded by Councilmember Beebe and unanimously Gomez v. carried by roll call to approve settlement regarding Gomez v. City on the terms City outlined in Closed Session. Madrid exc. Moved by Mayor Alexander, seconded by Councilmember Hardison and unanimously carried by roll call to excuse Councilmember Madrid from the meeting. Moved by Mayor Alexander, seconded by Councilmember Beebe and unanimously Adjourn carried by roll call to adjourn. OF 1:12 NEXT RESOLUTION NO. 94-C81. NEXT ORDINANCE NO. 94-06. 05/16/94 PAGE NINE