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HomeMy WebLinkAboutMinutes - September 3, 1996 - CC (2)r CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEMBER 3, 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 flag salute. INVOCATION was given by Reverend Lopez of the Azusa Tabernacle Church. PRESENT: COUNCILMEMBERS: MADRID, HARDISON, NARANJO, BEEBE, ALEXANDER ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: City Attorney Deitsch, City Administrator Garcia, Chief of Police Broderick, Finance Director Craig, Community Development Director Bruckner, 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. Call to Order Invocation Roll Call Also Present Mayor Alexander dedicated the meeting to Barbara Sannes, crossing guard who passed Mtg ded to B. away on August 31, 1996. Sannes None. PUBLIC PARTICIPATION Ceremonial None. Pub Part Ms. Nancy Romero, representative of L.A. Ilome care Workers Union, addressed N. Romero Council requesting support of reform within in-home Supportive Services. comments Moved by Councilmember Naranjo, seconded by Councilmember Beebe and unanimously Support of carried by roll call that a resolution be prepared in support of a Home care Public reform in-home Authority to preserve and strengthen the individual provider mode of IHSS Service Supportive Svs Delivery, to be adopted at the next Council meeting of September 16, 1996. Mr. Art Morales addressed Council thanking all who were involved in the Free Swim A. Morales Program. lie presented a "Thank You" card to Councilmembers signed by children who comments attended the free swim. Mr. Jack Foley, Board member of the Valley Soccer League, addressed Council inviting J. Foley them to attend the Soccer Rally on September 13, 1996, at Center School, at 7p.m. comments Ms. Diana Often addressed Council advising them to throughly research the Site Plan, D. Often conditions and project sites for an upcoming issue regarding Johnny Johnson and Azusa comments Greens, before making any decisions. Ms. Nita Alex, Candidate of the Citrus Municipal Court, addressed Council and audience N. Alex expressing greetings and wishing the City well on its Rose Float to be entered in the 1997 comments Tournament of Roses Parade. Mayor Alexander recognized Representative of Congressman Matthew Martinez' Office, Alexander and Mayor of Li Puente, Ed Chavez, who was in attendance at the meeting. comments IRTPORTS, UPDATAND ANNOUNCRMI NTS rR�4�lUNCILlSTA< F Updates/Cncl Ms. Darlyne Garofalo, Chairperson of the Economic Development Advisory Committee D. Garolalo (EDAC), addressed Council providing an update of the Committees activities. update EDAC Councilmember Madrid announced the upcoming Rose Float fund raisers; a luncheon to be held on September 11, 1996, at the City Hall Gazebo for $5.00 and the Night of Opportunity to be held on September 21, 1996, at the Monrovia Nursery. Councilmember Beebe announced the Rose Float Gala to be held on September 28, 1996 and announced that the Azusa Chamber of Commerce are accepting donations for the Azusa Rose Float. Mayor Alexander announced that Cardinal Roger Mahony honored the City by hosting mass at Saint Frances of Rome on Sunday. He also announced that he will be attending the 16th of September celebration in the City's Sister City, Zacatecas, Mexico. He further mentioned the Knights of Columbus and its community involvement. BY REQUEST OF THE CITY COUNCIL, THE SCHEDULED ITEMS PORTION OF THE AGENDA WAS TAKEN OUT OF SEQUENCE AND BROUGHT FORWARD FOR HANDLING AT THIS TIME. SCHEDULED ITEMS Madrid comments Beebe comments Alexander comments Sched Items CONTINUED PUBLIC HEARING - on an appeal of Conditional Use Permit No. C-96- Cont Pub Hrg 2 & Precise Plan of Design No. P-96-37 - Thomas Kang, 307 South Azusa Avenue. T. Kang Community Development Director Bruckner addressed the Hearing stating that the appellant is the Foursquare Gospel Church who have appealed a Planning Commission decision to approve a permit for the sale of beer and wine for a grocery store approximately one Mock north of the church. lie stated that the Planning Commission considered testimony and decided that the store could exist with conditions of approval. Ile advised that concerns were raised regarding loitering but that it was most common in the areas of bars. Included in conditions of approval was that no advertising of liquor will be allowed, no sale of single cans of beer will be allowed, store hours would be from 8am to 9pm, extra lighting would be installed in the parking lot and that litter receptacles would be placed outside the store. He stated that the Planning Commission had imposed conditions to meet the concerns that were raised at its hearing and requested that the decision be upheld. ' Discussion was held between Councilmembers and staff regarding operation of the business, ABC permit: background investigation, application process, single item sales, how to govern conditions imposed, revocation hearing process, complaints, census tract, making certain findings for denial, negative declaration, control of franchise, square footage devoted to liquor sales, determination of over concentration by ABC, and possible changes in plans, after approval. 09/03/96 PAGE TWO Com Dev Dir comments Discussion Cncl/ Staff L 1 Reverend Rick Mac Donald of the Foursquare Gospel Church, addressed the Hearing stating that he spoke to Mr. Kang who advised him that the proposed grocery store would not survive without the sale of beer and wine. Revered Mac Donald, who is the appellant stated that he is opposed to the sale of beer and wine specifically due to the issue of safety of the children from Paramount elementary school and the pre-school at the Christian Family Center. lie advised of the many concerns he had with drunk drivers purchasing liquor from the store, he addressed the census tract and noted the many establishments selling liquor on Azusa Avenue in the vicinity, and that the children in the area constantly frequent the donut shop in the same strip mall that the proposed grocery store will locate. Lastly, he addressed the issue of policing the store and requested that Council consider all input presented and make the right decision. The following persons spoke in opposition of the Conditional Use Permit to allow a grocery store with the sale of beer and wine at 307 South Azusa Avenue, Thomas Kang: Reverend Rick Mac Donald, David Thompson, Christine Fuller, Joanie Thompson, Robin Smith, Sheena Smith, Art Morales, Joanne Bishop, Ida Lesinring, Robert s. Neuenschwander, Mark Gurdner, Jessica Harris, H.G. Wells, Erwin Turner, Kim Burton, Susan Rogers, Ricky Mac Donald, and Joshua Smith. Rev. Mac Donald comments Opposition CUP/Sale of beer & wine 307 S. Azusa Avenue Mr. Thomas Kang, applicant, addressed the Hearing expressing his concerns regarding T. Kang, the opposition and stated that the store has been vacant approximately six months, applicant advised that he would comply with conditions of approval and requested that Council response make a fair decision. Discussion was held between Councilmembers and Mr. Kang regarding the need for Discussion alcohol sales, who will run the business, impact on the area and concerns for all people, possible operation without the sale of beer and wine, and % of floor space to be used for sale of beer and wine. Mrs. Sarah Kang addressed the Hearing stating that the amount of alcohol to be sold will S. Kang be approximately a four door refrigerator. Additional discussion was held between Discussion Councilmembers and Mr. & Mrs. Kang, reiterating many of the issues that were already discussed for clarification. After additional discussion and rebuttal, it was moved by Councilmember Madrid, Hrg closed seconded by Councilmember Naranjo and unanimously carried by roll call to close the Hearing. Moved by Councilmember Beebe, seconded by Councilmember Hardison and unanimously carried by roll call that the appeal be approved, that the Planning Commission decision be overturned, the Conditional Ilse Permit was denied, but, that the Precise Plan of Design be approved in case the applicant wishes to operate a grocery store without the sale of beer and wine, and that the Planning Division requirements be met with the exclusion of items n, o, r, s and t, which were related to the alcohol sales. RECESS: 10:08 P.M. RECONVENED: 10:15 P.M. Conditional Use Permit denied PPD approved Recess Reconvened CONTINUED PUBLIC HEARING - regarding a proposed ordinance to amend the Cont Pub Hrg Water System Development Fees and adoption of fee resolutions. Wtr Sys Dev Fee Utilities Director 11su addressed the Hearing detailing the creation of the Water System Utilities Dir Development Fees and the reasons for the proposed amendments. comments After discussion, it was moved by Councilmember Beebe, seconded by Councilmember Hrg continued Madrid and unanimously carried by roll call to continue the Public Hearing to the to 9/23/96 adj adjourned regular meeting of September 23, 1996. mtg. 09/03/96 PAGE, THREE 1 The CONSENT CALENDAR consisting of Items 1 through 12 was approved by motion Consent Cal. of Councilmember Madrid, seconded by Councilmember Beebe and unanimously carried Appvd, G-6, G - by roll call vote, with the exception of items G-6, G-7, G-8, and G-12 which were 7, G-8, & G-12 considered under the Special Call portion of the Agenda. Spec Call 1. The Minutes of the regular meeting of August 19, 1996, and the adjourned regular Min appvd meeting of August 12, 1996, were approved as written. 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 96-C119 APPROVING APPROPRIATION AMENDMENTS FOR FISCAL YEAR 1996-97 Appropriation PURSUANT TO SECTION 2-450 OF THE AZUSA MUNICIPAL CODE. Amendments 3. Every year a representative of the Controller of the State of California audits the Annual Street financial transactions of the City of Azusa pertaining to Section 2151 of the State Report Highway Code. The result is the Annual Street Report, which then becomes the basis of the City's audited financial statement for such transactions. The Director of Finance was authorized to execute the contract for the preparation of the Annual Street Report. 4. Final Parcel Map No. 23905 pertains to the subdivision of property located at 215 Final Parcel Map East Sierra Madre Avenue. The owner is proposing the subdivision to allow each No. 23905 of the two existing single-family homes currently on the property to have its own approved parcel. The Final Parcel Map was approved. 5. The City maintains its own self-insured liability program, and the firm of Carl Warren & Company has been administering the program since 1985. The service agreement expired June 30, 1996, and there have been no changes in two years. This year Carl Warren proposed an hourly rate increase from $40 to $41. The Agreement was approved with the noted changes and the Mayor was authorized to execute same. 6. SPECIAL CALL ITEM. 7. SPECIAL CALL ITEM. 8. SPECIAL CALL ITEM. 9. As part of the construction project at the Water Division Gladstone Yard, continuous deputy inspection services for various trades were required by the building department. In order to comply with the Uniform Building Code, the Water Division solicited quotes with the project architect, and authorized deputy inspection to be performed by the lowest responsible bidder, All American Soils, Inc. The Water Division authorized inspection services to maintain the job schedule and avoid project delays. Approval was given to ratify the agreement with All American Soils, Inc. for deputy inspection services and a Purchase Order was approved in an amount not to exceed $36,000, for account number 235-400-1912- 8723, from the canceled Gladstone Yard Fuel Island & Tank project 70634. Self-insured Liability Ins Carl Warren & Company Spec Call Spec Call Spec Call American Soils, Inc. to provide deputy inspection services/P.O. Gladstone Yard 10. Request for certificates of appreciation to the many businesses and community Cert of Apprec. groups who provided funding for the Summer Reading Program was approved. Smr Rdg sponsor ll. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 96-C 121 WAIVING FORMAL SEALED BIDDING AND AUTHORIZING THE Purchase Copper ISSUANCE OF A PURCHASE ORDER FOR AN AMOUNT NOT TO EXCEED Wire $21,920.63 FOR PURCHASE OF 12,000 FEET OF UNDERGROUND PRIMARY COPPER WIRE. 12. SPECIAL CALL ITEM. 09/03196 PAGE, FOUR Spec Call E, 9MY F91 IW SpecCall Items Councilmember Madrid addressed item regarding Lease/Lease-Back Financing -Azusa Madrid Public Safety Center, requesting an explanation of method of financing. questions Finance Director Craig responded providing a brief summary of events which led to the plan for the construction of the Azusa Public Safety Center and Library Safety ' Improvements, he then provided specifics of the proposals received from two firms that finance the improvements. He recommended LaSalle National Bank, of Chicago, Illinois, due to the good investment opportunity. lie stated that the City would benefit by financing the facility instead of paying cash because it will receive interest on its own funds, pay interest on borrowed money, but, construction funds will be earning interest that the City will keep. He responded to questions regarding refinancing abilities, stating that a 2% charge would occur if there was a refinance in less than nine years, after 10th years no penalty, and refinancing could occur at any time. After additional questions and answers, it was moved by Mayor Alexander, seconded by Councilmember Beebe and unanimously carried by roll call to award the financing of the Azusa Public Safety Center and Library Safety Improvements Projects to LaSalle National Bank as per the terms of its proposal dated August 12, 1996; and authorize the Mayor, City Council Members and City Staff to execute the various affidavits, statements and documents that will effectuate the financing; and the following resolution was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS INTENTION TO FINANCE THE CITY OF AZUSA PUBLIC SAFETY CENTER AND LIBRARY SAFETY IMPROVEMENTS, WAIVING FORMAL "SEALED" BIDDING PROCEDURES, AND AWARDING THE FINANCING TO LASALLE NATIONAL BANK, CHICAGO ILLINOIS. Moved by Mayor Alexander, 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, ALEXANDER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Dir Fin response re: financing Azusa Public Safety Center & Lib Safety Azusa Public Safety Center & Library Safety financing LaSalle National Bank Res. 96-C 120 Waiving formal bidding & Award to LaSalle National Bank Councilmember Madrid addressed Human Resources Action Items and congratulated Congrats to City employees listed for step increase. It was then moved by Councilmember Madrid, Employees seconded by Councilmember Beebe and unanimously carried by roll call to approve Human Resources Action Items. 7. Human Resources Action Items were approved as follows: EMPLOYEE STEP INCREASE/REGULAR RECOMMENDATIONS: ' NAME J. Padilla, Admin Sec. M. Bertelsen, Police Officer P. Dennis, Police Officer S. Phillips, Pol Rcds Spec. III M. Powell, Pol Rcds Spec. III S. Thompson, Pk Maint Wkr III E. Ditsler, Cust Svs Rep II 09/03/96 PAGE, FIVE STATUS Step 5 Step 2/Reg. Appt. Step 4 Step 5/Reg. Appt. Step 5/Reg. Appt. Step 4/Reg. Appt. Step 5 APPOINTMENT Human Resource Action items 07/18/96 08/27/96 08/26/96 07/01/96 07/01/96 08/05/96 08/17/96 None. ' J. Jeske, Building Inspector, effective August 26, 1996. LEAVE REQUEST None. Councilmember Beebe addressed item regarding the purchase of vehicles in the Water Beebe questions Division questioning the purchase of 1997 vehicles versus 1996 vehicles. re: bid vehicles Utilities Director Hsu responded stating that staff advertised for 1996 vehicles, but only Utilities Director received one bid each for 1997, which may mean that 1997 vehicles were the only ones response available. After discussion between Councilmembers and staff regarding the bidding process for Discussion & vehicles and the vehicles themselves, it was moved by Councilmembers Hardison, award of seconded by Councilmember Naranjo and carried by roll call to award the purchase of purchase of wtr one Ranger Size truck, one 1/2 ton truck and one Freightliner Business Class Dump trucks to Colley Truck, to sole bidders, Colley Ford and Los Angeles Freightliner. Councilmember Ford & Los Beebe dissenting. Angeles Freightliner Mayor Alexander offered two separate resolutions entitled: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING Res. 96-C122 CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF & 123 WHICH THE SAME ARE TO BE PAID. Warrants Moved by Mayor Alexander, seconded by Councilmember Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER NONE NONE THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Cncl recess/ CONVENED AT 10:52 P.M. CRA convened THE CITY COUNCIL RECONVENED AT 11:31 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. TIIE CITY COUNCIL DID NOT CONVENE AS THE AZUSA PUBLIC APFA No bus. FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. 09/03/96 PAGE; SIX ORDINANCES/SPECIAL RESOLUTIONS Ord/Spec Resos. None. None. SCHEDULED ITEMS Sched Items Items handled All Scheduled Items handled at the beginning of the Agenda. beginning of mtg 'OTHER BUSINESS/COUNCIL Oth Bus/Cncl Moved by Councilmember Beebe, seconded by Councilmember Madrid and Alexander exc unanimously carried by roll call that Mayor Alexander be excused from the meeting of 9/16/96 mtg September 16, 1996. 1 THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED Cncl/CRA JOINTLY TO RECESS TO CLOSED SESSION AT 11:32 P.M. convene jntly Moved by Mayor/Chairman Alexander, seconded by Councilmember/Director Beebe Closed Session and unanimously carried by roll call to recess to Closed Session to discuss the following: Real Property Negotiations (Gov. Code Sec. 54956.8) City of Azusa Redevelopment Agency, 1000 West Foothill Boulevard, price and terms of payment. Mr. Nathan Krems, 587-647 East Foothill Boulevard, Price and terms of payment. RECESS: 11:34 P.M. RECONVENED: 11:55 P.M. Recess Reconvened City Attorney/General Council advised that Council/Agency took no action in Closed No reportable act Session. Mayor/Chairman Alexander advised that Councilmember/Director Madrid did not Madrid did not participate in Closed Session discussion. participate THE REDEVELOPMENT AGENCY ADJOURNED AT: 11:56 P.M. CRA adjourned Moved by Councilmember Beebe, seconded by Councilmember Hardison and Cncl adjourned unanimously* carried by roll call to adjourn to Monday, September 9, 1996, in order to 9/9/96 to conduct a workshop on Electric Deregulation and discussion regarding board and Electric Dere- commission appointments. gulation workshop & dis re: brds & TIME OF ADJOURNMENT: 11:57 P.M. comm. NEXT RESOLUTION NO. 96-C124. NEXT ORDINANCE NO. 96-08. *Indicates Madrid absent. 09/03/96 PAGE SEVEN