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HomeMy WebLinkAboutMinutes - April 3, 1995 - CC (2)CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING APRIL 3, 1995 - 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. He Call to Order requested a moment of silence in memory of Ex -Mayor of La Puente, Charles Storing. INVOCATION was given by Chief of Police Byron Nelson of the City of Azusa Police Invocation Department. Roll Call ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: U1-V�#XVA*=1f1E MADRID, HARDISON, NARANJO, BEEBE, ALEXANDER NONE Interim City Attorney Barbosa, City Administrator Garcia, Chief Nelson, Captain Broderick, Director of Finance Craig, Community Development Director Bruckner, Utilities Director llsu, Director of Community Services Guarrera, Administrative Analyst Dadaian, City Librarian Maghsoudi, Superintendent of Public Works Pedroza, Redevelopment Director Cervantes, Economic Development Specialist hall, City Clerk Solis, Deputy City Clerk Toscano. CERF.MONIAI, Also Present Ceremonial The entire Council presented a Proclamation to City Librarian Paymaneh Maghsoudi, Proc Nat'l proclaiming the week of April 9th through 15th, as National Library Week. Library Wk City Librarian Maghsoudi accepted the Proclamation and invited all to attend Library City Lib functions during that week. On April 12th, Jack Williams of the Cultural and Ilistorical comments Landmark Commission will be presenting the history of Azusa, on April 13111, Mr. Al Clark will be presenting his new book, Citrus Speaks, she encouraged all to visit the Library and become a member and to find out more about its functions. The entire Council presented Certificates of Excellence to City employees, Keith Cert of Vorndran. Lynn Dent, Dan Crapo, Lamont King and Jeff Ilinojos, for providing Excellence emergency assistance to the Bear Valley Electric Service and its community. L&W empls Utilities Director Iisu thanked his employees for a job well done as well as Council for Util Dir its recognition of the services provided. comments Councilmember Madrid presented a Proclamation to Mr. AI Schapiro in appreciation of Proc to his voluntary service as Chairman to the Economic Development Advisory Committee. 'Al Schapiro Mr. Schapiro accepted the Proclamation and thanked Council for its support, further EDAC introducing the new Chairperson, Darlyne Garofalo. Ms. Darlyne Garofalo, new Chairperson of the Economic Development Advisory D. Garofalo Committee, addressed Council providing a brief history of EDAC. New Chairpsn Proposed Ordinances relating to ammunition registration and sales. Chief of Police Nelson addressed the issue providing an summary of each proposed ordinance stating that one ordinance will require businesses that sell ammunition to maintain records pertaining to ammunition sales; the other ordinance will restrict the sale of ammunition during the seven days prior to the first day of January of each year, during the seven days prior to the fifth day of May of each year and during the seven days prior to July 4th of each year. Ord/Spec Resos Ammo Regis COP comments The following persons addressed Council expressing their opposition to both proposed Opposition ordinances: AI Turcheck, Doug Benedun, John Walker, Gerald Hobbs, John Flores, Joel Friedman, Susie Galletta, James Mihalka, Leonard Semkowicz, Dennis DeBerry, Walter Harville, Jeff Ruffner, Rodney McGregor, and Ron Legault. Chief of Police Nelson readdressed the issue responding to concerns of the speakers and COP suggested that the proposed ordinances be reviewed at the end of one year in order to see response if they have had a valid purpose. After Council comment, Mayor Alexander offered an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING 1st Rdg Ord. SECTION 46-350 TO THE AZUSA MUNICIPAL CODE PERTAINING TO THE Registration REGISTRATION OF AMMUNITION SALES. Ammunition Sales Moved by Mayor Alexander, seconded by Councilmember Naranjo and carried by roll To be reviewed call to introduce the proposed ordinance, with the provision that it be reviewed in one in one year ,year. Councilmember Hardison dissenting. Mayor Alexander offered an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING 1st Rdg Ord SECTION 46-351 TO THE AZUSA MUNICIPAL CODE PERTAINING TO THE Sales of Ammu- R{STRIC'I ION OF AMMUNITION DURING CERTAIN TIMES OF THE YEAR. nition crtn times To be reviewed Moved by Mayor Alexander, seconded by Councilmember Beebe and carried by roll call in one year to introduce [lie proposed ordinance, with the provision that it be reviewed in one year. Councihncnrber Hardison dissenting. PUBLIC PARTICIPATION Pub Part Mr. Ron Legault addressed Council voicing his concerns regarding the problems with the R. Legault current cable television providers. comments Mr. Carlos Ilunter addressed Council additional or follow up information regarding BFI, C. Hunter Azusa Landfill. Councilmember Madrid responded that the Regional Water Quality comments Board was holding hearing today and the results of that hearing were not available at this time. REPORTS UPDATES AND ANNOUNCEMENTS FROM COUNCIL AND STAFF Staff/Cncl updates Administrative Analyst announced that there will be a Town Hall Meeting on Wednesday, G. Dadaian April 19, 1995, at 6:30 p.m., at Powell Elementary School, 1035 E. Mauna Loa, Azusa. Town (Tall Mtg Councilmember Beebe announced a workshop on the Library expansion, on April 4, Beebe/Library 1995, at 4:30 p.m., in the City Library. Expansion 04/03/95 PAGE TWO Councilmember Beebe announced the Ground breaking Ceremony for the Lee Group Beebe/Ground- Project at Foothill and San Gabriel, on Wednesday, April 5, 1995, at 5 p.m. breaking/Lee Grp Councilmember Madrid announced that Rubber Urethane and RPM will be leaving the Madrid/Business City of Azusa. lvg Azusa The CONSENT CALENDAR consisting of Items 1 through 15 was approved by Consent Cal. motion of Councilmember Madrid, seconded by Councilmember Beebe and unanimously 1-15, Item G-9 ::trried by roll call vote, with the exception of item G-9, which was considered under Spec Call the Special Call portion of the Agenda. 1. The Minutes of the regular meeting of March 20, 1995, and the regular adjourned Min appvd meeting of March 13, 1995 were approved as written. 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 95-C40 APPROVING APPROPRIATION AMENDMENTS FOR FISCAL YEAR 1994-95 Appropriation PURSUANT TO SECTION 2-450 OF THE AZUSA MUNICIPAL CODE. Amendments 3. The Water Division has reached the re -order point on three-quarter inch meters. Purchase of meters The re -order was approved from Badger Meter Inc., for a delivered price of Badger Meter Inc. $17,276.70. 4. The City anticipates the retirement in the latter half of the year of Police Chief Two add'I yrs Byron Nelson and Corporal Michael Scherer. In terms of the City's contract with sys credit/reso the State of California Public Employees' Retirement System, Government Code appvd. Section 20818 and the contract provide that in an effort to encourage retirement from government, the City may award two additional years of service credit to ' eligible employees. A resolution was proposed to be presented at the April 17, 1995 meeting, granting two additional years of service to Chief Byron Nelson and Corporal Michael Scherer. 5. Request by the Azusa woman's Club for a proclamation proclaiming April 23-29, Proc GFWC 1995, as GFWC - General Federation of Women's Club Week, was approved. Women's Club 6. The City of Azusa has provided meals which have been prepared by an outside Spec/Sr Meals vender who delivers daily for older adults for many years through a contract with the Los Angeles Area Agency on Aging. It has been a long time goal of staff to have meals prepared at the center. The bid packet was approved and staff was authorized to solicit bids for Food Service for the Senior Nutrition Program for 1995-96. 7. Request that the Month of May be proclaimed as National Older American Month Proc Older was approved. Americans Month 8. Bid opening was held in the Office of the City Clerk on March 27, 1995, for the Purchase purchase of two transformers. Four bids were received. The purchase of both Transformers transformers was awarded to Southwest Power, low bidder, in the amount of Southwest Pwr $41,450.00. Itt. SPECIAL CALL ITEM. 10. The City has participated in the Community Development Block Grant Program since 1974. For the 21st Program (FY1995-96), $999,398 of CDBG funds have been allocated. The amended Contract was submitted for approval which outlined the City and County obligations with respect to the funds. The Community Development Block Grant Reimbursable Contract Amendment t was approved and the authorized officers were directed to execute same. 04/03/95 PAGE THREE Spec Call CDBG Reimburse Contract Amend. 11. Bid opening was held in the Office of the City Clerk on Monday, March 27, 1995, Water Main for the construction of Water Main Replacements 1995. Twelve bids were Replacement received. The contract was awarded to E.W. Harmon, Inc., low bidder, in the E.W. Harmon amount of $433,333.00, and its execution was authorized. Further, staff was directed to issue a Notice to Proceed. 12. The Water Division solicited requests for proposals from twelve architectural firms Architectural ' for construction design and engineering of the Water Division Construction Yard & Engineering Improvements. Only one response was received from henry Woo Architects & Svs/Henry Woo Associates. The Water Division reviewed the proposal, found the firm very well & Associates qualified with experience in the City of Azusa, and negotiated a fair fee schedule. The proposal for Architectural & Engineering Services from Henry Woo Architect & Associates was approved and its execution was authorized. 13. Based on the documentation provided GTE regarding its contract with the State and Agmt w/GTE its applicability to the City, and GTE's analysis of 1994 applicable usage, it appears the City would benefit from subscribing to the State's agreement. In the event that the savings are not realized, or for whatever reason, the City has the option of canceling the agreement after the first year. The Agreement with GTE, California was approved and its execution authorized. 14. The City Treasurer's Report as of February 28, 1995 was received and filed. Treas Report 15. Resolution authorizing payment of warrants by the City was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF TETE CITY OF AZUSA Res. 95-41 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE Warrants FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. 'SPECIAL CALL ITEMS Special Call Items Councilwoman Madrid congratulated employees listed for Step increase/permanent status Congrats to City and welcomed new employee to City employment. It was then moved by Councilwoman employees Madrid, seconded by Mayor Alexander and unanimously carried by roll call to approve Human Resource Action Items. 9. 1 Iluman Resources Action Items were approved as follows: EMPLOYEE STEP INCREASE AND PERMANENT STATUS Human Res, RECOMMENDATIONS: Action Items ►/I :1►�q C. Springemann, Rcds Sp Step 3 03/09/95 R. DeShon, Jailer Step 3 03/22/95 M. Bertelsen, Jailer PermStat 03/17/95 NEW APPOINTMENTS W. Dill, Street Maintenance Worker 11, effective 04/04/95. PROMOTIONS None. SEPARATIONS None. LEAVE REOUESTS None 04/03/95 PACE FOUR THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT Cncl convene AGENCY AT 9:25 P.M. Jntly w/CRA JOINT PUBLIC HEARING - on proposed Disposition and Development Agreement, Joint Pub Hrg SKM Enterprises, La Fayette Restaurant Lease Agreement, and Phoenicia Restaurant DDA/La Fayette Lease Agreement. & Phoenicia lie Mayor/Chairman declared the Hearing open. The City Clerk/Secretary read the Hrg Open �Iidavit of proof of publication of notice of said hearing published in the San Gabriel alley Tribune on March 23, 1995 and March 30, 1995. Moved by Councilmember/Director Naranjo, seconded by Councilmember/Director Continued to Hardison and unanimously carried by roll call to continue the Joint Public Hearing to the 4/17/95 April 17, 1995 meeting. JOINT PUBLIC HEARING - on proposed Owner Participation Agreement/Lease Joint Pub Hrg Agreement/Sublease Agreement with Ed Seidner, Ron Seidner dba Seidner Enterprises. Seidner Empses The Mayor/Chairman declared the Hearing open. The City Clerk/Secretary read the Ilrg Open affidavit of proof of publication of notice of said Hearing published in the San Gabriel Valley Tribune on March 23, 1995. Redevelopment Director Cervantes addressed the Hearing stating that the proposal from CRA Dir Mr. Ron Seidner is to expand Bert's Motorcycle and Sea Doo Watercraft line Business comments located at 900 W. Foothill to 905 W. Foothill, with assistance from the Agency. He stated that the Agency will lease the property at 905 W. Foothill from Mr. Ed Seidner for $48,000 for the year, then sublease the property to Mr. Ron Seidner based on Mr. Ron f4idner's sales performance. He explained the proposed sales tax credit and the method repayment of the $48,000. Mr. Ilaas of CB Commercial and Mr. Ron Seidner provided a slide presentation on sales Mr. Haas projections for the business. comments Testimony was solicited, but none was received. Testimony Moved by Councilmember/Director Madrid, seconded by Councilmember/Director Beebe Hrg clsd and unanimously carried by roll call to close the Hearing. Director Beebe offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT Res. 95-R19 AGENCY OF THE CITY OF AZUSA APPROVING THE PROPOSED NEGATIVE Appvg Neg Dec DECLARATION OF ENVIRONMENTAL IMPACT FOR THE BERT'S MOTORCYCLE AND WATERCRAFT DEALERSIIIP EXPANSION. Moved by Director Beebe, seconded by Director Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: \YES: DIRECTORS: HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER FOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Councilmember/Director Beebe offered a Joint Resolution entitled: 04/03/95 PAGE FIVE A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AND THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING THE EXECUTION OF AN OWNER PARTICIPATION AGREEMENT WITH ED SEIDNER, RON SEIDNER DBA SEIDNER ENTERPRISES AND THE LEASE OF REAL PROPERTY BY THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA PURSUANT TO A LEASE AGREEMENT WITH ED SEIDNER AND A SUBLEASE WITH RON SEIDNER. Moved by Councilmember/Director Beebe, seconded by Councilmember/Director Hardison 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, MADRID, NARANJO, BEEBE, ALEXANDER NOES: COUNCILMEMBERS/DIRECTORS: NONE ABSENT: COUNCILMEMBERS/DIRECTORS: NONE Res. 95-C42/95- R20/Agmt w/ Seidner Enter- prises THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Cncl recess CONTINUED AT 9:44 P.M. CRA cont THE CITY COUNCIL RECONVENED AT 9:52 P.M. Cncl reconvened THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL IDA No Bus DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. THE CITY COUNCIL DID NOT CONVENE AS THE AZUSA PUBLIC APFA No Bus ,,,'I ANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE ! RANSACTED. Mayor Alexander offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING SECTION 46-128 TO THE AZUSA MUNICIPAL CODE PERTAINING TO THE' ESTABLISHMENT OF A JUVENILE DAYTME LOITERING ORDINANCE IN AN EFFORT TO REDUCE TRUANCY FROM SCHOOLS AND THE REDUCTION OF DAYTIME. CRIME. Moved by Mayor Alexander, seconded by Councilmember Hardison to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Ord Spec/Resos Ord. 95-04 Juvenile Loitering vor Alexander offered an Urgency Ordinance entitled: ',;J URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, Urg Ord 95-05 CALIFORNIA, EXTENDING THE EXISTING FRANCHISE OF CROWN MEDIA Extending Cable FOR 90 DAYS SUBJECT TO CERTAIN TERMS AND CONDITIONS Franchise Moved by Mayor Alexander, seconded by Councilmember Beebe to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: 04/03/95 PAGE SIX AYES: COUNCILMEMBERS: HARDISON, MADRID, BEEBE, ALEXANDER NOES: COUNCILMEMBERS: NARANJO ABSENT: COUNCILMEMBERS: NONE Mayor Alexander offered an Ordinance for introductory reading entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, 1st Rdg Ord CALIFORNIA, PROVIDING FOR THE GRANTING AND REGULATION OF Granting & regu- I RANCHISES FOR CABLE COMMUNICATIONS SYSTEM. lating/Cable Comm. System Moved by Mayor Alexander, seconded by Councilmember Hardison and unanimously carried by roll call to waive further reading and introduce. SCHEDULED ITEMS Sched Items CONTINUED PUBLIC NUISANCE APPEAL - for property located at 134 N. Azusa Cont Pub Nuis Avenue "Top Notch Construction', Mark S. Drop, Sr. (Owner). Appl/Drop Moved by Councilmember Hardison, seconded by Councilmember Naranjo and carried Pub Nuis by roll call that Public Nuisance be withdrawn. Councilmember Beebe dissenting. withdrawn CONTINUED PUBLIC NUISANCE APPEAL - for property located 326 N. Azusa Cont Pub Nuis Avenue, Lawrence J. & July C. Harringer, property owners. Appl/Harringer Moved by Councilmember Hardison, seconded by Councilmember Naranjo and carried Pub Nuis by roll call that Public Nuisance be withdrawn. Councilmember Beebe dissenting. withdrawn ouncilmember Beebe requested that written report be submitted by staff on alternatives Beebe request for 1-r dealing with illegal wall height limits in the City and the zoning code requirements report/wall heights for wall heights, inconsistencies that occur and how to remedy them. Moved by Councilmember Hardison, seconded by Councilmember Madrid and Western Disp unanimously carried by roll call to receive request from Western Disposal to transfer transfer/refer to residential and commercial refuse collection franchises and refer the matter to City City Atty Attorney for recommendation. OTHER BUSINESS/CITY COUNCIL Oth Bus/Cncl None. None THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED Cncl/CRA JOINTLY TO RECESS TO CLOSED SESSION AT 10:15 P.M. convene jntly It was consensus of Councilmembers/Boardmembers to recess to Closed Session to Closed Sess discuss the following: Real Property Negotiations (Gov. Code Sec. 54956.8), Mr. Richard Hernandez, 116 and , I East Foothill Boulevard, Azusa, California. Mayor/Chairman Alexander did not participate in the Closed Session). TIME OF RECESS TO CLOSED SESSION: 10:16 P.M. Recess 04/03/95 PAGE SEVEN THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED Reconvened AT 10:35 P.M. City Attorney/General Counsel announced that Mayor/Chairman Alexander did not Mayor/Chairman participate and was not present during Closed Session. did not participate Moved by Councilmember/Director Naranjo, seconded by Councilmember/Director Staff to proceed w/ Hardison and carried by roll call to direct staff to proceed with action regarding Real 116&135 Foothill Property Negotiations of 116 and 134 East Foothill Boulevard as specified in Closed R. Ilernandez Session. Mayor/Chairman Alexander abstaining and Councilmember/Director Beebe dissenting. Moved by Mayor/Chairman Alexander, seconded by Councilmember/Director Adjourn to 4/10 Hardison and unanimously carried by roll call to adjourn to Monday, April 10, 1995, Lib Aud 5:30 pm at 5:30 p.m., at the City Library Auditorium, in order to conduct the City Attorney City Attorney Interview process. Interviews TIME OF ADJOURNMENT: 10:37 P.M. NEXT RESOLUTION 110. 95-C43, NEXT ORDINANCE NO. 95-06. 04/03/95 PAGE EIGHT