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HomeMy WebLinkAboutMinutes - May 6, 1996 - CC (2)CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MAY 6, 1996 - 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 flank Bode of Azusa Pacific University. Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Dietsch, Chief of Police Broderick, Community Development Director Bruckner, Director of Finance Craig, Utilities Director Hsu, Director of Community Services Guarrera, Superintendent of Public Works Pedroza, City Librarian Maghsoudi, Interim Redevelopment Director Steel, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Toscano. I CEREMONIAL Ceremonial The entire Council presented a proclamation to Steve Abasta, representative of the Proc S. Abasta National Association of Letter Carriers, declaring Saturday, May 11, 1996, as Azusa Letter Carrier Letter Carrier Food Drive Day, in the City of Azusa. Food Drive Ms. Marjorie "Pinky" hunter, first Azusa woman Police Officer, addressed Council P. Hunter expressing her appreciation to the City and sharing the honor of being awarded the 1996 Appreciation Woman Peace Officers' Association Member Merit Award. to Cncl Mayor Alexander recognized Mr. Bill Baca, representative of Congressman Marty Rec Martinez' Martinez' office. Representative Moved by Councilmember Beebe, seconded by Councilmember Naranjo and Mig Ded to unanimously carried by roll call that the meeting be dedicated to the memory of former former Fire Fire Chief Marlowe Madison. Chief Madison Mayor Alexander recognized Mr. Antonio Aguilar, District Chief of staff to Senator Rec Solis' Hilda Solis. Representative ' PUBLIC PARTICIPATION Pub Participation Mr. Art Morales addressed Council expressing his views on the Monrovia Nursery A. Morales Issue, and the issue regarding EI Toro Bravo and La Flor de Mexico and their attempts comments to have a Cinco de Mayo celebration. Mayor Alexander detailed the events that led to the cancellation of the Cinco de Mayo Alexander celebrations by E) Toro Bravo and La Flor de Mexico and the vote that was taken by the Cinco de Mayo Council to halt the events. celebrations 1 1 1 t Mr. Rick Cole of the Local Government Commission addressed Council providing R. Cole, Local information about the Local Government Commission and how they were going to assist Government the City with the Land Use Planning of the Monrovia Nursery Project by providing Commission meetings with Council and the public. Ms. Darlene Garofalo representative of the Economic Development Advisory Committee D. Garofalo (EDAC) addressed Council advising that meetings have taken place regarding the vision EDAC for Azusa relating to Monrovia Nursery with Lewis Homes, Monrovia Nursery, and comments ' EDAC and expressed her pleasure over the success of the meetings. Mr. Jerry Rocha, representative of helping /land addressed Council announcing that J. Rocha, rep. there will be a Scholarship Dinner/Dance on Saturday, May 11, 1996, beginning at 3:00 Helping Hand p.m. at the Woman's Club, to provide scholarships for two students from Azusa High Scholarship School and Gladstone High School. Dinner/Dance Mr. Burke Hamilton, a Teacher at Murray Elementary School, addressed Council B. Hamilton regarding the Cinco de Mayo celebration. lie expressed concern regarding the denial Cinco de Mayo of permission to hold the festival at La Flor de Mexico and requested that Council give celebration the issue more consideration for next year. Mr. Ron Legault addressed Council expressing his concern regarding the establishment R. Legault of a power pole attachment and conduit license agreement, proposition 62, and racial comments discrimination issues regarding Hispanics. Utilities Director Hsu responded to the License Agreement stating that it is being Util Dir adopted to recover some revenue arising from the private use of public right-of-way. response City Attorney Deitsch responded to proposition 62 question stating that case law will be City Attorney ' disclosing shortly whether funds will be rebated to the people. response REPORTS UPDATES AND ANNOUNCEMENTS FROM STAFF Rpts/Updates Community Services Director Guarrera addressed Council acknowledging Rob Velasco Recognition and Randy Noriega members of his staff, for an sponsoring an excellent Cinco de Mayo to R. Velasco & celebration at City hall Park over the weekend. R. Noriega City Attorney Deitsch advised that there were two items of subsequent need that have City Attorney arisen after the posting of the Agenda and that there was a need to take action at Subs need items tonight's meeting. Moved by Mayor Alexander, seconded by Councilmember Hardison and unanimously Item subsequent carried by roll call that item regarding SB 1628 dealing with land use and sexually need/SB1628 oriented businesses be agendize as item N-3 under Other Business City Council, agendized Councilmember Hardison's section. Moved by Mayor Alexander, seconded by Councilmember Hardison and unanimously Item subsequent carried by roll call that item regarding Edison v. City of Azusa be agendized under the need/Edison v. Closed Session of the Agenda, Pending Litigation, Gov. Code Sec. 54956.9 (a). City-agendized Councilmember Hardison advised that he was recently in Sacramento trying to gain Hardison re: support for the issue of, highway 39 Relinquishment, and advised that some opponents Hwy 39 In the Canyon Area unfortunately are combining two different issues. Councilmember Madrid thanked all students from Azusa high School that participated Madrid re: In Career Day, and wished all good luck. Career Day Councilmember Beebe announced that Mary Chacon of the Azusa Esperanza Club, has Beebe re: been nominated to be recognized at the Los Angeles County Older American Recognition Sr. recognition Day, on May 15, at the Dorothy Chandlier Pavilion, for her many years of active service to the Club, Church and neighborhood families. 05/06/96 PAGE TWO I I The CONSENT CALENDAR consisting of Items I though 14 was approved by motion Consent Cal of Councilmember Madrid, seconded by Councilmember Beebe and unanimously 1-14, appvd carried by roll call, with the exception of items G-10, and G-12, which were considered Items 10& under the Special Call portion of the Agenda. Mayor Alexander abstained from item 12 spec call G-3. 1. The Minutes of the regular meeting of April 15, 1996, and the regular adjourned Min appvd meeting of April 22, 1996, were approved as written. ' 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 96-057 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. 96-058 APPROVING PARKING PROHIBITION FOR STREET SWEEPING PURPOSES Pkg & stopping OF FIFTH STREET AT ROCKVALE AND REMOVAL OF STOPPING prohibition PROHIBITION ON THE WESTSIDE OF TODD AVENUE SOUTH OF SIERRA MADRE. 4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 96-059 ESTABLISHING A POLE ATTACHMENT AND CONDUIT LICENSE. Conduit Lic. 5. The Head Start Program (Community Services Department) has been awarded Grant for $22,949.00 grant from the Federal Government for the purchase of eight personal Computers computers and miscellaneous hardware/software. The purchase is to be made Head Start before the grant expires June 30, 1996. The purchase will include 8 PC's, DOS, Windows for Workgroups and WordPerfect software, both B&W and color printers, a flatbed scanner, and a modem for outside transmissions. The purchase was approved in the amount of, not to exceed, $22,949.00 by June 30, 1996. 6. The City Treasurer's Report as of March 31, 1996, was received and filed. Treas Rpt 7. Plans, specifications and contract documents for the Replacement of the Water Plans & specs Main on Leton Avenue at Newburgh Street in the City of Azusa were approved Water Main and the City Clerk was authorized to advertise for bids. This project was jointly replacement prepared by the Water Division and the Community Redevelopment Department Leton/CDBG as a cooperative effort and is part of the CDBG Budget Project D93043. 8. Plans, specifications and contract documents for demolition and clean-up of the Plans & specs Paramount Yard, located on the north side of Paramount between Azusa Avenue Demolition and Angeleno Avenue were approved and the City Clerk was authorized to & clean up advertise for bids. This project is part of the Water Division CIP Budget Project Paramount Yard No. 706522. 9. Plans, specifications and contract documents for Replacement of Water Mains at Plans & specs various locations within the City, in the residential neighborhoods between Azusa Water Main Avenue and Cerritos Avenue, were approved and the City Clerk was authorized Replacement to advertise for bids. This project is part of the Water Division CIP Budget various locations Project No. 705806. 10. SPECIAL CALL ITEM. Spec Call 11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 96-C60 PROCLAIMING MAY 5-11, 1996 AS DRINKING WATER WEEK FOR THE Drinking Water CITY OF AZUSA. Week 5/ 5-11 051061% PAGE THREE I I 12. SPECIAL CALL ITEM. 13. The County of Los Angeles, State of California and the Federal Government recognize May as Older American Month, staff requested that the Month of May be proclaimed National Older Americans Month in the City of Azusa, and that the Week of May 13-19, 1996, be proclaimed National Senior Center Week, and that proclamation be presented at the Azusa Senior Center on May 13, 1996, at approximately 11:55 a.m. The request was approved. ' 14. Resolution authorizing payment of warrants by the City was adopted and entitled: 1 Spec Call Older Americans Month - National Senior Center Week A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 96-C61 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 Councilmember Madrid addressed human Resources Action Items and congratulated Congrats to employees listed for step increases, welcomed new employee, and bade farewell to City Employees employees leaving City employment. It was then moved by Councilmember Madrid, seconded by Councilmember Beebe and unanimously carried by roll call to approve Human Resources Action Items. 10. Human Resources Action Items were approved as follows: Human Resource EMPLOYEE STEP INCREASE/REGULAR APPOINTMENT Action Items RECOMMENDATIONS: am S. Brisco, Acctg Svs Supv. Step 5 F. Corrales, Wtr Util Equip Optr Rgl Appt/Step5 S. Seffer, Wtr Util Optr Supv. Step 4 L. Maldonado, WtrUlil Equip Optr Rgl Appt/Step2 J. Jeske, Building Inspector, effective May 13, 1996. 04/19/96 04/03/96 04/05/96 04/17/96 J. Donnelly, Purchasing Officer, effective April 30, 1996. W. Dill, Street Maintenance Worker II, effective May 2, 1996. LEAVE REQUESTS None. ' Discussion was held between Councilmember and staff regarding the proposal from Management Services Institute for updating and rebuilding the City's schedule of fees and charges. Each Councilmember voiced concerns regarding the amount of the consultant fee, the need for the consultant, and the basis for the fees. Suggestions were raised that the item be taken to a workshop. Discussion re: Proposal from Management Services Inst. Schedule of Fees Moved by Mayor Alexander, seconded by Councilmember Hardison and unanimously Item tabled to carried by roll call that the item be tabled until the Adjourned regular meeting of June 6/12/96 12, 1996. 05/06/96 PAGE FOUR 1 1 THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Convene as CRA CONVENED AT 9:07 P.M. THE CITY COUNCIL RECONVENED AT 9:08 P.M. Reconvene 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 RECESSED AND THE AZUSA PUBLIC FINANCING Convene as AUTHORITY CONVENED AT 9:08 P.M. APFA THE CITY COUNCIL RECONVENED AT 9:09 P.M. Reconvene ORDINAN • .ISP . IA .RESOLUTIONS Ord/Spec Resos Mayor Alexander offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Ord. 96-03 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY Amendment COUNCIL OF THE CITY OF AZUSA AND THE BOARD OF ADMINISTRATION to PERS OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Agmt 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: AYES: COUNCILMEMBERS tNOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: SCHEDULED ITEMS HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER NONE NONE Scheduled Items PUBLIC HEARING - on an extension of Moratorium on Churches in the Central Pub Hrg/Mora Business District (CBD) Zone. Churches CBD The Mayor declared the hearing open. The City Clerk read the affidavit of proof of Hrg open publication of notice of said Bearing published in the San Gabriel Tribune on April 23, 1996. Community Development Director Bruckner addressed the clearing stating that there had been concerns regarding storefront churches in the Central Business District and that they were not consistent with the future downtown redevelopment. Ile advised that two Urgency Ordinances have been adopted and have now expired and it is being requested to extend the moratorium until the zoning code has been revised and the issue of storefront churches may be addressed with a Conditional Use Permit and Precise Plan process after the zoning code revision. Mr. Art Morales addressed the hearing voicing his opposition to the moratorium on 'storefront churches. Moved by Councilmember Beebe, seconded by Mayor Alexander and unanimously carried by roll call to close the Hearing. Com Dev Dir comments A. Morales comments Hrg clsd City Attorney Deitsch advised that Section 5 of the proposed Urgency Ordinance be City Attorney amended as follows: comments 05/06/96 PAGE FIVE 1 1 1 That the second sentence in Section 5 be deleted and that the following be substituted: City Attorney "This interim urgency ordinance shall continue in effect through and including May 14, continued 1997 and shall thereafter be of no further force and effect". Mayor Alexander offered an Urgency Ordinance, as amended, entitled: AN INTERIM URGENCY ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, Ord. 96-04 PROHIBITING THE ESTABLISHMENT OF CHURCH USES WITHIN THE Prohibiting 'CENTRAL BUSINESS DISTRICT ZONE FOR A PERIOD OF ONE (1) YEAR, Church uses PENDING THE COMPLETION OF A STUDY OF CHURCH USES IN THE CITY'S CBD DOWNTOWN AREA AND THE ADOPTION OF ANY AND ALL AMENDMENTS TO THE CITY'S LAND USE REGULATIONS. 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, BEEBE, ALEXANDER NOES: COUNCILMEMBERS: NARANJO ABSENT: COUNCILMEMBERS: NONE PUBLIC HEARING - on an appeal of Variance No. V-96-2 and Precise Plan of Design Pub Hrg No. P-96-21, Gregorio and Virginia Rios, 406 North Alameda Avenue. G. Rios 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 Azusa Herald on April 18, 1996. Community Development Director Bruckner addressed the issue stating that the applicant is appealing a Planning Commission decision that denied a variance and precise plan at the property located at 406 North Alameda Avenue. The applicant is requesting to approve unpermitted construction that includes the establishment of a second dwelling unit on a lot that is only 25 foot wide. In order to permit this, five variances are requested which are for: minimum floor area, minimum lot size, minimum side yard, maximum lot coverage, and reduced parking. The original house consisted of a single family home and guest house and in 1977 the applicant applied for permits to connect the guest house and main house as one, but, since then additional structures have been added including a kitchen and bathroom and the applicant has indicated that the property has always been used as two units on the site. Since the Planning Commission could not make findings to approve the request, he recommended denial and advised that would mean the unpermitted kitchen and bathroom would have to be removed. Mr. Gregorio Rios, the applicant, addressed the Hearing stating that when he purchased the property it was as it is now, with two kitchens and two bathrooms, lie stated that in 1977 he requested a permit to build two rooms and a porch and was required to build the garage and that all he wants now is a final and doesn't understand what staff is looking for and that other people are behind this action. Further, that he understands that there is need for repairs and wants to remodel the property. Com Dev Dir comments G. Rios comments Discussion was held between Councilmembers, Mr. Rios and staff regarding the plans Discussion from 1977, actual rooms on the property now, guest houses not allowing kitchens, the complaint, the age of the property and general questions regarding the property. Mr. and Mrs. Arthur and Bernadine Andrews addressed the Hearing voicing their Andrews opposition to the appeal. comments Mr. Ron Legault addressed the Hearing expressing his opposition to the hearing. R. Legault 05/06/96 PAGE SIX 1 1 After additional discussion, it was moved by Councilmember Beebe, seconded by Hrg cisd Councilmember Naranjo and unanimously carried by roll call to close the hearing. Moved by Councilmember Beebe, seconded by Councilmember Hardison and Appeal denied unanimously carried by roll call to deny the appeal and uphold the denial of Variance No. V-96-2 and Precise Plan of Design No. P-96-21 as found by the Planning Commission. ' OTHER BUSINESS/CITY COUNCH. Oth Bus/Cncl Moved by Councilmember Naranjo, seconded by Mayor Alexander and unanimously Proc J. Donnelly carried by toll call that a proclamation be prepared for retiring Purchasing Officer John Donnelly. Moved by Councilmember Hardison, seconded by Councilmember Beebe and All info rotating unanimously carried by roll call to withdraw all information formerly requested Mayor position regarding the rotation of the Mayor's position. withdrawn Councilmember Hardison offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA IN SUPPORT Res. 96-C62 OF THE PASSAGE OF SB 1628 "LAND USE AND SEXUALLY -ORIENTED SB1628 BUSINESSES" Moved by Councilmember Hardison, 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 AND THE REDEVELOPMENT AGENCY CONVENED Cncl/CRA JOINTLY TO RECESS TO CLOSED SESSION AT: 10:13 P.M. convene jntly Moved by Councilmember/Director Beebe, seconded by Councilmember/Director Closed Session Naranjo and unanimously carried by roll call to recess to Closed Session to discuss the following: Real Property Negotiations (Gov. Code Sec. 54956.8), Donald J. Nores - Digital Printing, 777 North Georgia Avenue, Azusa, California, Terms of Agreement, and Monrovia Nursery 801 East Foothill Boulevard, Azusa, California, Terms of Agreement. Pending Litigation (Gov. Code Sec. 54956.9 (a), Wessol v. City of Azusa, United States District Court, CV95-7355 JGDMCX, Cason v. City of Azusa, United States District Court, 95-8361 ABCl1GX, and City of Azusa v. Southern California Edison. Potential Litigation (Gov RECESS: 10:14 P.M. Code Sec. 54956.9 (c), One case. RECONVENED: 11:35 P.M. Recess Reconvened The City Attorney/General Counsel advised that there was no reportable action taken in No Action Closed Session. 05/06/96 PAGE SEVEN 1 1 Moved by Councilmember/Director Beebe, seconded by Mayor/Chairman Alexander Adjourn and unanimously carried by roll call to adjourn. TIME OF ADJOURNMENT: 11:36 P.M. 11 NEXT RESOLUTION NO. 96-C63. NEXT ORDINANCE NO. 96-05. 05/06/96 PAGE EIGHT 1