Loading...
HomeMy WebLinkAboutMinutes - February 16, 1996 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING JANUARY 16,19% - 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 flag salute. INVOCATION was given by Mayor Stephen Alexander. PRESENT: COUNCILMEMBERS: MADRID, HARDISON, NARANJO, BEEBE, ALEXANDER ABSENT: COUNCILMEMBERS: NONE City Attorney Deitsch, City Administrator Garcia, Chief of Police Broderick, Director of Finance Craig, Community Development Director Bruckner, Utilities Director Hsu, Director of Community Services Guarrera, Superintendent of Public Works Pedroza, City Librarian Maghsoudi, Redevelopment Director Cervantes, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Toscano. ' CEREMONIAL None. Mr. Jerry Rocha, President of the Azusa American Little League, addressed Council requesting its support, as underwriter, for the purchase of lighting for the baseball diamond at Zacatecas Park. He provided the proposal from Musco Lighting Light Structure System and detailed the estimated cost, down payment, amount to be leased, terms and annual payment amount. Further, he advised that the American Little League will be paying for the entire project. Call to Order Invocation Roll Call Also Present Ceremonial None Pub Participation J. Rocha, Azusa American Little League Discussion was held between Mr. Rocha, Council and staff regarding fundraising Discussion capabilities, input from surrounding residents, administration of the lighting system, payment of electric bill, a proposed agreement, and possible use of CDBG funds for underwriting purposes. Community Services Director Guarrera addressed Council stating that American 'Little League currently has an agreement with the City that can be modified at any time, that the park is City property, and before the project was presented to Council it had gone through the Park and Recreation Commission who approved it, that Musco is requesting a backing for the project and that the company as well as the price for the project are good. He further stated that if the City eventually buys the adjoining Sanitation property, the lighting system at Zacatecas will be easily removable and reusable. Moved by Councilmember Hardison, seconded by Councilmember Naranjo and unanimously carried by roll call that request to support Azusa American Little League in its purchasing lights for the baseball diamond at Zacatecas Park be approved. Com Svs Dir comments Motion to support Azusa American Little League purchase of lights 1 Mr. Tim Schudar addressed Council requesting use of City Hall fountain to T. Schudar demonstrate the portable engine water pump he invented, for Channel Nine News. He comments advised that he will pump approximately 120 gallons of water in a maximum of 30 seconds and will pay for the cost of water, if necessary. City Administrator Garcia recommended that Mr. Schudar provide a liability waiver City Admin.. in the event of injury relating to the City Hall fountain and that the event be comments 'coordinated with Superintendent of Public Works Pedroza. It was consensus of Councilmember to allow Mr. Schudar to use the City Hall fountain Schudar/to use in a demonstration of his engine pump with the above mentioned stipulations and that fountain in demo it would be at staff discretion whether to use the City Hall fountain or the City pool for the event. Mr. Wes Kloepfer addressed Council announcing that he has now completed writing W. Kloepfer the book on the History of Azusa and it is now being routed to Council for its perusal comments as well as consideration of funding publishing of the book. He also stated that on behalf of the Historical Society, he is requesting to perform an inventory of the museum contents and is in need of a computer and monitor. Discussion was held between Councilmembers and Mr. Kloepfer regarding the book Discussion on the History of Azusa and the computer equipment. City Administrator Garcia advised that he would look into the matter of the computer equipment. Mr. Art Morales addressed Council suggesting that a trailer be placed on the vacant lot across from City Hall on Dalton to act as a temporary Library until the roof on the existing Library can be repaired. He then requested that City Administrator Garcia or 'Mayor Alexander comment on proposition 62, Assembly Bill 318 Katz Legislation and the Mission Chrysler issue. City Administrator Garcia responded stating that the Katz Legislation would have prohibited moving money from the Light Fund to the General Fund, but that the legislation was blocked and is now at a standstill. He advised that there is no truth to the rumor that over 5 million was invested in Mission Chrysler and encouraged any one to read the appropriate documents and lastly he advised that a position paper written by himself would be available next week regarding the issue of Proposition 62 and that currently certain people are seeking court action in order to clarify proposition 62 and its contents. A. Morales comments City Admin. response Mr. Ron Legault addressed Council requesting additional information regarding R. Legault Mission Chrysler. City Administrator responded stating that there is no additional comments information available as the issue is still being discussed in closed session. Mayor Alexander announced that he is a candidate for Judge in the March 26, 1996 Alexander Election. Further that he believes retroactivity as it relates to proposition 62. comments 'Councilmember Hardison voiced his concerns regarding issue of illegal vendors setting Hardison up business in the streets of Azusa during the weekend. He suggested that Code comments Enforcement Officials work throughout the weekend to end this type of activity. Councilmember Beebe announced the upcoming Town Hall Meeting to be held Beebe Tuesday, January 30th at Slauson Middle School. She also announced the Saint comments Frances of Rome Alumni Reception Mass to be held on January 27, 1996 at 5pm. 01/16/96 PAGE TWO 1 The CONSENT CALENDAR consisting of Items 1 through 15 was approved by Consent Cal. motion of Councilmember Naranjo, seconded by Councilmember Hardison and Appvd G-4, unanimously carried by roll call vote, with the exception of items G-4, G-6, G-8, G-9, G-6, G-8, G-9, G-12, G-13, and G-15 which were considered under the Special Call portion of the G-12, G-13 & Agenda. G-15 Spec Call 1. The Minutes of the regular meeting of January 2, 1996, and the adjourned regular Min appvd meeting of December 19, 1995, were approved as written. 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 96-C4 APPROVING APPROPRIATION AMENDMENTS FOR FISCAL YEAR 1995- Appropriation 96 PURSUANT TO SECTION 2-450 OF THE AZUSA MUNICIPAL CODE. Amendments 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 96-05 WAIVING FORMAL SEALED BIDDING AND AUTHORIZING THE Purchase of ISSUANCE OF A PURCHASE ORDER FOR AN AMOUNT NOT TO Transformers EXCEED $12,507.00 FOR ONE 750 KVA THREE-PHASE PADMOUNTED TRANSFORMER. 4. SPECIAL CALL ITEM. 5. The Firm Energy Agreement between the City of Azusa and PacifiCorp enables Azusa to purchase 10 mW of firm energy from PacifiCorp for the months of August through December, 1996. The Agreement was approved and its execution was authorized. The Director of Utilities or his designee were authorized to implement the contractual arrangements that should arise under the Agreement. 6. SPECIAL CALL ITEM. 7. The Power Purchase Agreement between the City and PacifiCorp enables Azusa to purchase 10 mW of capacity and the associated energy from PacifiCorp for the summer season, 1998. The Agreement was approved and its execution authorized. The Director of Utilities or his designee were authorized to implement the contractual arrangements that should arise under the Agreement. 8. SPECIAL CALL ITEM. 9. SPECIAL CALL ITEM. Spec Call Firm Energy Agmt w/PacifiCorp Spec Call Power Purchase Agmt w/PacifiCorp Spec Call Spec Call 10. Bid opening was held in the Office of the City Clerk on January 9, 1996, for the Agmt w/Don La Senior Center Door Retrofit Project. Two bids were received. The contract was Force Assoc. awarded to Don La Force Associates, Inc., low bidder, in the amount of Sr.Center Door $10,122.00. Retrofit 11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 96-06 WAIVING FORMAL SEALED BIDDING AND AUTHORIZING THE Emergency repairs ISSUANCE OF A PURCHASE ORDER AND THE PAYMENT OF AN of Well No. 3 INVOICE FOR A COMBINED AMOUNT NOT TO EXCEED $76,889.96. 12. SPECIAL CALL ITEM. 13. SPECIAL CALL ITEM. Spec Call Spec Call 14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 96-C7 RECOMMENDING TO THE STATE LEGISLATURE TO DELETE THAT Recommending CERTAIN PORTION OF HIGHWAY 39 (AZUSA AND SAN GABRIEL deletion Hwy.. 39 AVENUES) FROM THE STATE SYSTEM WITHIN AZUSA BOUNDARIES within City 01/16/96 PAGE THREE 1 1 15. SPECIAL CALL ITEM. Spec Call item Special Call Items Councilmember Hardison requested clarification on item regarding declaration of Hardison/Surplus surplus real property by the Light and Water Department. Property L&W Utilities Director Hsu responded presenting a map of the property and explaining the Utilities Dir division of the property as well as the procedure for sale of the property. response City Attorney Deitsch advised that the procedure for offer of availability is that the City Atty. property first has to be made available to public agencies such as school district or comments parks and recreation. After additional question and answers regarding lot line adjustments and underground pipes, it was moved by Councilmember Hardison, seconded by Mayor Alexander and unanimously carried by roll call that portions of Lots 5 & 6; Block B of the Azusa Heights Tract be declared surplus, and authorization be given to the Utilities Department to dispose of said property in accordance with applicable law. Councilmember Hardison expressed thanks to all who participated in the Azusa Rose Float and announced the upcoming Rose Float Association meeting; further if there were any questions to call him at 334-8168. Councilmember Beebe requested that Margaret Hall's name be added to list of participants to be receiving Certificates of Appreciation. Declaration of surplus property L&W appvd Hardison/Azusa Rose Float/ comments Moved by Mayor Alexander, seconded by Councilmember Hardison and unanimously Certificates of carried by roll call that all names on list submitted, plus Margaret Hall, be given appreciation appvd Certificates of Appreciation at the February 5, 1996 Council meeting. Councilmember Hardison questioned item regarding "Project No Dirt". Superintendent of Public Works Pedroza responded clarifying that the easement is not as a property right but as an encroachment right to allow staff to landscape certain vacant lots listed. He explained the procedure staff would use in landscaping such properties. Councilmember Hardison thanked Mr. Pedroza for the many improvements he has made to City lots and vacant properties in the City. Mr. Pedroza in turn thanked the Public Works crews for the work. Councilmember Beebe questioned whether the project would be eligible through CDBG, since most areas were slum and blighted, who would be paying for cost of water and the question of ongoing maintenance. City Administrator advised that the project is eligible as a CDBG project and Mr. Pedroza advised that water issue is minimal, that the irrigation system would be the cost factor at approximately $700 and ongoing maintenance will be undertaken by the East San Gabriel Valley Consortium crews. Hardison/Project Superintendent of Public Works response Thanks to Pedroza & Public Works crew Beebe comments City Admin. & L. Pedroza comments Moved by Councilmember Beebe, seconded by Mayor Alexander and unanimously "Project No Dirt" carried by roll call to approve "Project No Dirt", and authorize staff to initiate the appvd easement process and funding for the project; further that the item be discussed under the CDBG Public Hearing scheduled later in the meeting. Councilmember Hardison questioned item regarding award of automatic payment Hardison services agreement to Wells Fargo Bank. Automatic pmt. 01/16/96 PAGE FOUR 1 1 r --J L Utilities Director Hsu responded stating that the agreement will be only for automatic payment services, not credit card payments. He explained the transmission fee, transaction charge as well as bank charges. Discussion was held between Councilmembers and staff regarding the purpose of the agreement, services to be provided, customer demand, customer convenience, possible survey, sign up list, competition with Edison, flexibility of accounts, methods for payment in conjunction with other utility services such as: telephone and gas bills. It was suggested that the question of automatic payment be added to customer service survey now being conducted in the department. Utilities Dir response Moved by Mayor Alexander, seconded by Councilmember Beebe and carried by roll Item continued/ call that the question be added to survey at Light and Water Department and item will survey to be be continued until the appropriate survey is conducted. conducted Councilmember Beebe requested clarification of item regarding proposal to the Office Beebe comments of Traffic Safety for a Traffic Safety Grant. re: Safety Grant Chief of Police Broderick responded stating that the memorandum of interest to be submitted to the Office of Traffic Safety by January 31, 1996, is the first step in providing the police department traffic bureau additional tools for public education, analyzation of data and other items relating to traffic safety. He explained the need for the personnel due to tasks now being performed by sworn officers. He responded to question posed by Council stating that the grant has flexibility, but could not be used out of the area of traffic and would be for an approximate amount of $150,000. City Attorney Deitsch advised that regarding the stipulation that the City will have to agree to include the intent to continue with the developed programs after the grant has expired, he advised that the City will have only to provide a good faith intention to meet the stipulation. Chief of Police response Moved by Councilmember Beebe, seconded by Councilmember Naranjo and Memorandum of unanimously carried by roll call to approve the concept of application of a traffic safety Interest for Traffic grant and that a memorandum of interest be submitted to the Office of Traffic Safety. Safety Grant Councilmember Madrid addressed Human Resources action items and congratulated Congrats to City employees listed for step increase, and a promotional appointment. It was then moved Employees by Councilmember Madrid, seconded by Councilmember Beebe and unanimously carried by roll call to approve Human Resources Action Items. 8. Human Resources Action Items were Approved as follows: EMPLOYEE STEP RECOMMENDATIONS: INCREASE/REGULAR L. Vasquez, Bldg Tech Step 4 D. Shuttleworth, Sr Ofs Spe Rgir appt. N. Narvaez, Acct SpecII Step 5 D. Wallace, Psnl Anyst Step 5 K. Vetting,Wtr Ut Mt Mech Step 4 APPOINTMENT 01/01/96 01/01/96 01/04/96 12/08/95 01/01/96 D. Shuttleworth, Senior Office Specialist, effective 07/01/95. Y�71�: a ► ' 1 L 01/16/96 PAGE FIVE Human Resource Action Items r 1 Councilmember Beebe addressed resolution relating to payment of warrants by the City stating that there is a $5,000 payment to the Chamber of Commerce to fund a portion of the Miss Azusa Pageant, which was approved by Council during the last budget session and that in the future she would like to see the Chamber as well as the contestants be more pro -active in raising funds for the Miss Azusa Pageant. She suggested that Azusa might opt to become a San Gabriel Valley Pageant with sponsors for the contestants as well as fundraisers. She also mentioned that during the past year the current Miss Azusa has had a poor attendance at City functions which provided no benefit to the City. She also stated that during the next budget session she will suggest that the City not fund the pageant as it should be funded by the Chamber of Commerce. Councilmember Beebe offered a Resolution entitled: Beebe comments regarding funding of Miss Azusa Pageant A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 96-C8 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE Warrants FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Moved by Councilmember Beebe, seconded by Mayor Alexander to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Convene as CRA CONVENED AT 9:20 P.M. ' THE CITY COUNCIL RECONVENED AT 9:21 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. FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCESISMCIAL RESOLUTIONS Ord/Spec Resos None. None. SCHEDULED ITEMS Scheduled Items CONTINUED PUBLIC ARIN - on an appeal by Mr. Ghassan Dun, concerning Cont Pub Hrg a request to allow a restaurant with beer and wine sales within an existing billiard G. Durr parlor. 'Community Development Director Bruckner addressed the issue stating that it was an Com Dev Dir application for the sale of beer and wine at an existing billiard parlor that was denied comments by Planning Commission and appealed to Council and denied. The planning Commission has denied the last request and it is now being appealed to Council again. Mayor Alexander stated that other stores in the area are selling liquor and Mr. Alexander Bruckner advised that they are selling off-site beer and wine while the billiard parlor comments in addition to video games and young people will be selling on site. 01/16/96 PAGE SIX 1 Mr. Ghassan Durr, the applicant, addressed the Hearing stating that the operation is G. Durr clean and orderly and that he understands the concerns of Council but that he has two applicant security guards and it would be a safe environment with a system for on site comments identification checks and requested consideration of the application. Mr. Osama Durr, son of the applicant, addressed the Hearing responding to questions O. Durr asked by the Mayor. He advised that there will be identification checks every time a applicant 'person requests to purchase liquor and that hands will be stamped. He stated that he comments has no objection to a stipulation that hiring of security guards be written into the conditional use permit. Further, that there have only been two complaints in the last eight months, both on the same evening, for loud music, which he has since worked out by removing two speakers and conducted noise level tests. Councilmember Beebe advised that there is a notation in the staff report that the Beebe business is currently in violation of hours of operation and suggested that Mr. Durr comments verify that they are in compliance with the conditional use permit. Mr. Ron Legault addressed the Hearing in favor of allowing the sale of beer and wine R. Legault at the establishment. comments Mr. Hank Bode of Azusa Pacific University addressed the Hearing in opposition. H. Bode comments Mayor Alexander read portions of a letter into the record from Captain Bob Garcia. Alexander Mr. Art Morales addressed the Hearing in opposition to the sale of beer and wine at the A. Morales establishment. comments Mr. Elder Engbrecht addressed the Hearing voicing his opposition to the sale of beer E. Engbrecht ' and wine at the establishment. comments Mr. Larry Fishman, owner of the center where the business is located, addressed the L. Fishman Hearing suggesting a compromise on the issue. He suggested that only beer be sold and comments that only patrons over the age of 21 be allowed there. He voiced concern over possibly losing the business. After additional comments, it was moved by Councilmember Beebe, seconded by Hrg closed Mayor Alexander and unanimously carried by roll call to close the Hearing. Moved by Councilmember Beebe, seconded by Councilmember Hardison and carried by roll call that the appeal be denied and that the denial of Conditional Use Permit No. C-95-11 and Precise Plan of Design No. P-95-86, be upheld as found by the Planning Commission. Mayor Alexander dissenting. Councilmember Beebe reminded staff to work with the Durrs on hours of operation. CONTINUED PUBLIC HEARING - to consider the Community Development Block Grant (CDBG) funds for the 22nd Year Program (1996-97 fiscal year). The City has been allocated approximately $706,256 in federal Community Development Block Grant funds for the 22nd Year Program. An additional $467,316 is also available for programming. $224,406 must be set aside for Section 108 Loan repayments, and the remaining $949,166 is available for new projects. Appeal, CUP & PP denied Cont Pub Hrg CDBG FY 1996-97 Mayor Alexander advised that due to a possible conflict of interest, the item relating to Alexander the installation of new sidewalks in targeted neighborhood would be handled separately poss conflict of from the following proposed project and he would be abstaining from the same. interest Redevelopment Director Cervantes addressed the Hearing presenting the suggested CRA Dir CDBG Projects for the 1996-97 fiscal year. They were listed as follows: comments 01/16/96 PAGE SEVEN 1 1 Neighborhood Tree Planting Program, $25,000 Housing Exterior Improvement Rebate Program, $50,000 Wheelchair Ramp Program, $50,000 Administration/Planning, $62,000 Section 108 Loan Debt Service, $224,406 Housing Rehabilitation, $150,000 After School Playground Program, $30,000 Krems Site Land Acquisition/Relocation &Demolition, $484,166 'Services Center for Independent Living (SCIL), $10,000 Peregrinos Homeless Assistance Program, $20,000 Library Rehabilitation, $25,000 Library Children's Literacy Program, $3,000 He detailed the purpose of the projects and how they qualified into the programming into local housing, public/social service, public improvement and community development programs. He also advised that the Minor Home Repair Program, Visiting Nurse Assn. Of East San Gabriel Valley, Fair Housing Council of San Gabriel Valley and East San Gabriel Valley Coalition for the Homeless would not be funded. Discussion was held between Council and Mr. Cervantes regarding the proposed computer lab operation at local high school, the possible funding of the "No Dirt Project", continuation of existing programs, such as the Library Literacy Program, and Mr. Cervantes advised that any program, if not utilized, could be refunded for another project or certain amounts could be placed in contingency and the necessary paperwork with approved projects to the Community Development Commission, could be amended at a later date. He also advised that there might be some funds left over from the current year programming that could be utilized for a qualified project, which might possibly be approximately $10,000. ' Ms. Carol Lane, representative of the Services Center for Independent Living addressed Council expressing her thanks for funds that have been received towards the program and detailed the benefits they have provided to the residents of Azusa. She advised that the program helps the disabled with housing, benefits, personal care, sign language interpreters, and puts out a quarterly newsletter. Proposed CDBG Projects CRA Dir Addnl.. comments Discussion C. Lane comments Mr. Art Morales addressed the Hearing suggesting that a workshop be held in the A. Morales community prior to the Public Hearing regarding the CDBG funds and also to consider comments a summer program that would allow the youth of the community free entrance to the City pool. Moved by Councilmember Hardison, seconded by Mayor Alexander and unanimously Hrg closed carried by roll call to close the Hearing. It was consensus of Councilmembers that the "No Dirt Project" be funded with any Left over funds money left over from the current year program funding. No Dirt Project Councilmember Madrid offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING Res. 96-C9 THE STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND CDBG projects SELECTING PROJECTS FOR FUNDING FOR THE COMMUNITY approved DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 1996-97. 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 01/16/96 PAGE EIGHT 11 1 Mayor Alexander left the Council table and abstained from the following action. Alexander abstn Mayor Pro -tem Naranjo solicited input/testimony on item #3 relating to installation of Installation new sidewalks in targeted neighborhood. None was received. of sidewalks Moved by Councilmember Beebe, seconded by Councilmember Naranjo and carried by Approved roll call to approve project regarding the installation of new sidewalks in targeted neighborhood. Mayor Alexander abstaining. PUBLIC It N APPEAL - by Progressive Buddhist Association, 1830 Pub Nuis Appl Azusa/San Gabriel Canyon Road. Community Development Director Bruckner addressed the issue stating that this was an appeal from the Progressive Buddhist Association of the Hearing Officer's determination that the property, at 1830 N. Azusa & San Gabriel Canyon Road was declared a Public Nuisance. The property was operated as a religious facility under terms and conditions of a Conditional Use Permit which the operators obtained in 1986. Following the issuance the City began receiving complaints concerning large gatherings being held and the lack of adequate parking on the property. A Revocation Hearing was held before the Planning Commission in which the conditions of operation were modified and the action was appealed to Council, which imposed the additional conditions to construct 24 paved parking spaces and limit attendance at events to fifty adults. The parking spaces were never constructed, but the operators applied for approval to construct a new Temple. The request was denied by Planning Commission and again denied on appeal to Council. The operators then requested and were granted a 6 month extension on the parking lot in order to sell their property. Following the grant of extension the For Sale signs were removed. When the extension to construct the parking expired the property was declared a public nuisance for failure to comply with the parking lot requirements of the Conditional Use Permit, they are now appealing the public nuisance. The property owners now contend that construction of the improved parking spaces would depreciate the property value and make selling the property difficult and therefore are seeking another extension. He advised that he recommends that the appeal be denied and that the Planning Commission begin Conditional Use Permit revocation action to terminate use of the property for religious festivals. Mr. Tin Htoon, President of the Progressive Buddhist Association, addressed the Hearing detailing the events that have led up the current appeal to Council. He requested a temporary (3) three month stay of the Hearing Officer's Abatement Order and proceeded to explain reasons for appeal. He pointed out alleged mistakes in the staff report relating to name of his Realtor, length of past requested extensions, notifications, second request and the use of misleading words, such as: festivals and large festivals. He advised that the Associations spiritual leader was out of the country and that he will decide whether the operation will stay in the City or move. He stated that the additional time will also allow them to purchase another property, if needed, and apply for a Conditional Use Permit. Com Dev Dir comments T. Htoon President of the Progressive Buddhist Assn Discussion was held between Councilmembers and Mr. Htoon regarding the possible Discussion sale of the property, the adequacy of property for the Association needs, real property records report, and possible stipulation that on the ninety-first day, closing the door on the operation if they do not construct the parking lot. Mr. Htoon then stated that he wished to revise the layout plan for construction of the T. Htoon parking lot. comments Discussion was then held between Councilmembers and staff regarding the time frame Discussion for submitting an alternate layout plan for the construction of a parking lot on the property and the time that has lapsed since the issue began. Each Councilmember provided comment expressing their view of the situation. 01/16/96 PAGE NINE 1 Moved by Councilmember Naranjo to allow ninety day extension, until April 15, 1996, Motion to allow and on April 16, 1996, the property owners must obtain necessary permits to construct ninety day the parking structure and if not accomplished, they must cease and desist the operation extension immediately, effective midnight on April 17, 1996, without exception. City Attorney Deitsch advised that this could be accomplished if the owners agree to City Attorney waive revocation proceedings and will confess judgement that they are in violation of advised the Conditional Use Permit. 1 City Administrator Garcia asked Mr. Htoon if he understood the motion, and he City Admin responded that he did. comment Motion was seconded by Councilmember Madrid, and carried by roll call. Motion approved Councilmembers Hardison and Beebe dissenting. It was consensus of Council to recess for five minutes. TIME OF RECESS: 11:25 P.M. THE CITY COUNCIL RECONVENED AT: 11:28 P.M. Recess Reconvened Mayor Alexander left the Council table and abstained from the following item due to Alexander abstn a possible conflict of interest. Utilities Director Hsu addressed Council stating that the City of Covina Redevelopment Utilities Dir Agency is requesting to waiver of a portion of the Water System Development Fee by comments the City of Azusa. He advised that in 1989 the City established the Fee to provide Water System upgrade mostly for the reservoir pumping capacity and transmission. He stated that the Development charge for commercial buildings are based on square footage, while residential charges Fee U -Haul are based on residential units. He stated that the new building for U -Haul has a total Covina area of 76,700 square -feet, resulting in a Water System Development Fee of $161,837, but that the existing building U -Haul occupies is going to be demolished and based on the Azusa Municipal Code, that can be considered as a credit to reduce the Fee by $33,473 towards the new building and staff is recommending to reduce amount accordingly. Further, the Covina Redevelopment Agency is asking that the fees be paid later when the new building is occupied. Discussion was held between Councilmembers and staff regarding the location of the Discussion site, which is 1355-1381 North Azusa Avenue, in Covina, but within the Azusa Valley Water Company service area, that funds from the project will be set aside for CIP Projects for the Water Department, time for completion of the project, which has no time limit. Mr. Hsu advised that if the building is never constructed, the City will have to return the Water System Development Fee to the Covina Redevelopment Agency. Moved by Councilmember Beebe, seconded by Councilmember Hardison and carried Water System by roll call to approve Covina Redevelopment Agency request and grant a reduction of Development $33,473 towards the water system development fee for the proposed U -Haul building; Fee reduced authorize staff to negotiate a payment schedule satisfactory to both the City of Azusa and Covina Redevelopment Agency and that a time limit of either when the Certificate of Occupancy is completed or within one year, whichever comes first, be placed on the project. Mayor Alexander abstaining. Oth Bus/Cncl Councilmember Madrid advised that due to the lateness of the evening, that her item be Item cont. continued to the meeting of February 5, 1996. 01/16/96 PAGE TEN LJ THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED Cncl/CRA convene JOINTLY TO RECESS TO CLOSED SESSION AT 11:34 P.M. jointly Moved by Councilmember/Director Naranjo, seconded by Councilmember/Director Closed Session Beebe and unanimously carried by roll call to recess to Closed Session to discuss the following: 'Real PropcM Negotiations (Gov. Code Sec. 54956.8). Property Owner: Ed Seidner, 900-905 West Foothill Boulevard, Azusa, Terms of Agreement. Pending Litigation (Gov. Code Sec. 54956.9 (a). City of Azusa and City of Azusa Redevelopment Agency v. Mission Chrysler -Plymouth Inc., et al.; Los Angeles Superior Court. Pending Litigation (Gov. Code Sec. 54956.9 (a). City of Azusa v. Southern California Edison; Los Angeles Superior Court Case No. BC093146. TIME OF RECESS TO CLOSED SESSION: 11:35 P.M. Recess THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED Reconvened AT 1:06 A.M. City Attorney Deitsch advised that the City of Azusa and the City of Azusa Redevelopment Agency have filed a complaint in the Superior Court for the County of Los Angeles, Case No. KCO21914, against Mission Chrysler -Plymouth Inc, Gregory L. Johnson, James Conner, Patrick Conner, Timothy Conner, and Does 1-100, alleging breach of contract, breach of lease, specific performance fraud, negligent misrepresentation, default under security agreement, possession of collateral and declaratory relief. Moved by Councilmember/Director Beebe, seconded by Councilmember/Director Hardison and unanimously carried by roll call to adjourn to Monday, January 29, 1996, at the City Library Auditorium, at 7:30 P.M., in order to conduct Workshops on Utility Restructuring and Library update. TIME OF ADJOURNMENT: 1:08 A.M. NEXT RESOLUTION NO. 96-C10. NEXT ORDINANCE NO. 96-01. 01/16/96 PAGE ELEVEN City Attorney advised/complaint Mission Chrysler Adjourn to 1/29/96 Workshops 1