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HomeMy WebLinkAboutMinutes - February 2, 1998 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 2, 1998 - 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 Madrid called the meeting to order and led in the Salute to the Flag. INVOCATION was given by Reverend Ruben Reyna of Victory Life Fellowship. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALSO PRESENT: HARDISON, STANFORD, ROCHA, BEEBE, MADRID NONE City Attorney Carvalho Acting City Administrator/Utilities Director Hsu, Chief of Police Broderick, Director of Finance Craig, Community Development Director Bruckner, Senior Programs Supervisor Crawford, Recreation Superintendent Noriega, Recreation Superintendent Jacobs, Transportation Secretary Helvey, Senior Recreation Leaders Lenore and Marc Gonzalez, Community Services Administrative Secretary Jones, Head Start Coordinator Coppola, Assistant Planner Danoff, Park and Recreation Commissioners Santellan, Hoke, Sandlin, McCormick, Sanchez, Torres, Lopez, Planning Secretary Rocha, City Librarian Maghsoudi, Transportation Coordinator Mac Kay, Deputy City Clerk Toscano, City Clerk Solis. CEREMONIAL Call to Order Invocation Roll Call Also Present Ceremonial The entire Council presented a proclamation to Joe Guarrera, Community Services Proc to J. Guarrera Director in recognition of twenty five years of service to the City. Assistant Fire Chief Lockhart, Jerry Hizel of the Fire fighters Association and also Certificates of representing the California State Fire Fighters Association, Representative of Senator Recognition to B. Solis' Office, Juan Torres; Representative of State Assemblyman Martin Gallegos, Ed Birk Chavez, and the entire Council presented Certificates of Recognition to Brian Birk, honoring him for saving the life of four year old Marcus Ware. The entire Council presented a proclamation to Brian Birk recognizing him for saving Proc to B. Birk the life of a child in a fire. Ms. Cathy Contreras, representative of CAPP, Civilian Association of Police Personnel, Gift certificate to presented Brian Birk with a gift certificate for dining and Mr. Ignacio De La Torre of B. Birk Pac Bell, presented a check for $500, to the Azusa Family Resource Center, on behalf of Pacific Bell in the name of Brian Birk. PUBLIC PARTICIPATION Pub Part Ms. Kathleen Dodd addressed Council announcing the 80" Anniversary of the end of K. Dodd World War I, and presented an idea for a project for a Memorial Service to be held on re: 8Yh November 11, 1998, to include military vehicles, attire, color guard, etc. She requested Anniversary input from Council on possible areas to place poster art, artifacts, etc from that time and World War I also stated that she is seeking members in the community who have family members/photos and historical facts surrounding them. She then provided a short statistical history of World War I and her phone number as follows: 334-7066. Councilmembers provided suggestions and Councilmember Rocha invited Ms Dodd to Veterans mtg a Veterans Meeting to be held on February 28, 1998, at 11 am, at the VFW Hall, as 2/28 11 am they are planning a small service for Armistice Day, VFW Mr. Daniel Bartlett addressed Council seeking a way to make sure pedophiles remain D. Bartlett a certain distance away from schools. comment Chief of Police Broderick responded providing information regarding the suspect and COP Broderick stating that the Police Department stands ready to do whatever the law allows; he then response answered questions posed by Councilmembers regarding the issue. Mr. Juan Torres, representative of Senator Solis' Office addressed the issue, stating that J. Torres last year the Senator supported legislation regarding increased sentence for persons Senator Solis committing assault while committing a sexual act, such as rape or child abuse; she will representative look into this issue further. He then announced that on February 21, 1998, the Senatbr will be hosting a college admission and financial aide workshop at Cal State LA, on February 28, 1998, she will be hosting a forum on Healthy Families Initiative from 10 am - I pm at La Puente High School and for questions call 448-1271. Mr. Ron Legault addressed Council expressing his views on the Marquee in front of Legault City Hall, Groundwater contamination, and Eminent Domain. continents Mr. Julian Melendez representative of the Knights of Columbus addressed Council J. Melendez stating that he wishes to be considered for one of the twenty organizations to be issued Knights of Fire Works booth permits. Columbus Ms. Diana Offen addressed Council commending the Police Department for providing D. Offen vital information to the community on issues such as Megan's law and also with comments 'information on safety. She then warned the community to be aware of the dangers of child molesters and abductions. It was consensus of Councilmembers that item IX -B, regarding Urgency Ordinance Item IX -J3, Ord relating to regulations of Fireworks stands, be brought forward for discussion and Fireworks regs. handling at this time. brought forward Community Improvement Manager Rudisel addressed the issue summarizing the Community Imp. urgency ordinance relating to fireworks stand regulations as follows: 20 permits for Manager Rudisel the entire season, one permit per organization, one stand per permit and could not comments exceed 40 feet in total length; stands prohibited on vacant unimproved land, each stand must be at least 300 feet apart, each organization would be required to submit a listing of how funds were or are to be expended to benefit Azusa residents, specific member number would no longer be required, wholesale dealers of fireworks would be prohibited from requiring retail sales on only their leased parcels and the sale of fireworks would be prohibited in any area north of Ninth Street. He then answered questions posed by Councilmembers. Mr. John Smith, President of Gladstone High School Gladiators Band Boosters, J. Smith, Pres. addressed the issue expressing his concerns regarding the process for selecting Gladstone High organizations to have fireworks booths, and wondered whether or not the High schools Band Boosters are going to be considered as one organization. Mr. Tony Diaz, Representative of the San Gabriel Valley Chapter of the Knights of T. Diaz, Knights Columbus, requested that they be allowed to have a fire works booth this year, of Columbus Councilmembers requested that the ordinance be amended to add that all organizations Organizations requesting fire works stand permits have to be Azusa based, with the exception of Azusa based except Gladstone High School, as they are part of the Azusa Unified School District. Gladstone High 02/02/98 PAGE TWO Dr. Don Lawrence of Azusa Pacific University, addressed the issue, stating funds raised D. Lawrence from its fireworks stands go towards academic scholarships for students who cannot APU afford to attend APU and that there is a need to have two booths, one for Men's Soccer comments and one for Women's Soccer. Mike Castaneda representative of Helping Hand, addressed the issue, requesting M Castaneda clarification on many aspects of the agreement. comments Discussion was held between Councilmembers regarding the following: keeping all Discussion fireworks booths Azusa based, how Council will deal with future organizations with the need for two booths, perhaps by lottery, the need have a mandatory meeting after the season to see how things went, grandfather in people/organizations that meet criteria presented in the ordinance, two permits to school organizations within the school district, APU scholarships to benefit local residents, concerns regarding sources, raising money, fireworks and concern for public safety, stress on local police and fire duridg the season. City Attorney Carvalho addressed Council with clarification of amendments to Section - City Attorney 30.132, of the proposed Urgency Ordinance as follows: Section a, money be spent clarified solely for Azusa residents and section b, provided that two permits be issued to Azusa, amendment Gladstone High schools and Azusa Pacific University, and also in Section a, a maximum to Urgency of 23 permits for the sale, lastly, those who have participated in the past and qualify Ordinance under the new rules. ' NONE Councilmember Hardison offered an Urgency Ordinance entitled: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, Ord. No. 98-02 CALIFORNIA, AMENDING (TO BE ADDED) OF THE AZUSA MUNICIPAL relating to CODE CONCERNING FIREWORKS REGULATIONS. Fireworks Regulations Moved by Councilmember Hardison, seconded by Mayor Madrid to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: BEEBE REPORTS, UPDATES AND ANNOUNCEMENTS FROM COUNCIL/STAFF Rpts/Updates Councilmember Hardison thanked Joe Guarrera for his years of service to the City. He Hardison also thanked Interim City Administrator for sending messages E-mail. comments Councilmember Stanford presented a photograph via his laptop computer of Brian Birk, Stanford his wife and niece recognizing him as a local hero. comments Councilmember Beebe advised that the Specific Plan for the Rosedale Project is Beebe available for public review, asked staff to provide a brief review of groundwater issues comments at the February 17 meeting, and wished Chief of Police Broderick a Happy Birthday. Councilmember Rocha advised that Ben Perez of "Let's go to Ben's", is doing a lot Rocha better this week, thanked all for letters and prayers, Mr. Escobar and Dan Rivera are comments also doing well after their stay in the hospital; he expressed condolences to the families of Anita Macias Mendoza and Martha Gallagher, who passed away this week and lastly invited all to the Band Shell meeting to be held on Saturday, February 14, 1998, at 9:30 a.m. at the Library Auditorium. Mayor Madrid invited all to attend the Centennial meeting to be held on Thursday, Madrid February 5, 1998, 6:00 p.m., at the Library Auditorium she also thanked all for prayers comments for the recovery of her father, Lucio D. Cruz. 02/02/98 PAGE THREE The CONSENT CALENDAR consisting of Items III -A through III -I, were approved Consent Cal. by motion of Councilmember Stanford, seconded by Mayor Madrid and unanimously Approved carried, with the exception of item III -D, which was considered under the Special Call III -D, Spec Call portion of the Agenda. A. The Minutes of regular meeting of January 20, 1998, were approved as written. Min appvd B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 98-C14 ' APPROVING APPROPRIATION AMENDMENTS FOR FISCAL YEAR 1997-98 Appropriation PURSUANT TO SECTION 2-450 OF THE AZUSA MUNICIPAL CODE. Amendments C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, Res. 98-C15 CALIFORNIA, OBSERVING NATIONAL POISON PREVENTION WEEK IN Observing THE CITY OF AZUSA. Poison Prevent Wk D. SPECIAL CALL ITEM. Spec Call E. Mayor Madrid addressed Human Resources Action Items and congratulated Human Res employees listed for merit increase and promotions. Action Items Human Resources Action Items were approved as follows: EMPLOYEE STEP INCREASE/REGULAR APPOINTMENT RECOMMENDATIONS: NAME STATUS EFFECTIVE J. Hernandez, Sr. Office Spec. Rglr Appt/Merit 02/04/98 J. M. Velasco, Lib Assist II Merit Inc. 01/11/98 K. Pihlak, Police Captain Merit Inc. 10/03/97 A. Ventura, Police Officer Merit Inc. 01/16/98 ' PROMOTIONS D. McFann, Field Service Supervisor, effective February 3, 1998. F. Enabling Agreement between City of Azusa and British Columbia Powerex was Enabling Agmt approved and its execution was authorized. Furthermore, authority was delegated British Columbia to the Director or Utilities or his designee to enter into future transactions that arise Powerex under the Agreement. G. The Electricity Information Service Contract with Reuters American, Inc. was Electricity Info approved and its execution was authorized. Furthermore, authority was delegated Svs Contract to the Director of Utilities or his designee to administer this service contract. Reuters American H. The City Treasurer's Report as of December 31, 1997 was received and filed. Trea Rpt I. Two separate resolutions authorizing payment of claims and demands were adopted Res. Nos. 98-C17 and entitled: & 18 Warrants A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. SPECIAL CALL ITEMS Special Call Items Councilmember Rocha addressed resolution proclaiming the year of the Healthy Rocha/re: Children, advising that healthy children need to eat, and noted the request of the Azusa Healthy Children Community Food Bank for CDBG funds of $3,000, and the staff recommendation of resolution $2,530. 02/02/98 PAGE FOUR Councilmember Rocha offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, Res.98-C16 CALIFORNIA, PROCLAIMING THE YEAR 1998 TO BE THE YEAR OF THE Year 1998 Healthy Children HEALTHY CHILDREN IN THE CITY OF AZUSA. Moved by Councilmember Rocha, seconded by Councilmember Beebe to waive further Itiding and adopt. Resolution passed and adopted by the following vote of the Council: YES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE THE CITY COUNCIL AND THE REDEVELOPMENT CONVENED JOWM-o' Cncl/CRA jointly AT 9:25 P.M. Community Development Director Bruckner addressed Council presenting the proposed Com Dev Dir Downtown Design Review Committee stating that this is in response to Council comments concerns regarding development occurring in.the Central Business District, without Design Review review with regard to color and design. He recommended that a staff committee Committee comprised of the Redevelopment staff, Finance Director and himself, or their designees, be able to review proposed developments within the CBD area, prior to permits, colors, etc. changes, are approved. Mayor Madrid requested that businesses participate in the process, and that Madrid Superintendent of Public Works Louie Pedroza and Economic Development Director comments ,Hall also be included in the Committee. She also advised that she would like to be informed when the Committee will be reviewing an application for a design. Community Development Director Bruckner advised that this is an interim step for Com Dev Dir review of design until the Specific Plan for the Downtown area is completed. He also comments responded to Councilmember Beebe's.question regarding procedure, stating that the Committee will be setting ground rules, they will probably meet two days per month if there are cases to be considered. It was consensus of Councilmembers that the appeal process be handled directly by commenmembers Councilmembers. Councilmember Hardison offered a Resolution, as amended, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 98-C19 APPROVING THE ESTABLISHMENT OF THE INTERIM DOWNTOWN DESIGN shment Design Review REVIEW COMMITTEE. Committee Moved by Councilmember Hardison, seconded by Councilmember Beebe to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON,STANFORD, ROCHA, BEEBE, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Director Hardison offered a Resolution, as amended, entitled: A RESOLUTION OF THE AZUSA REDEVELOPMENT AGENCY BOARD OF Res. 98-R6 shment DIRECTORS APPROVING THE ESTABLISHMENT OF THE INTERIM Design Review DOWNTOWN DESIGN REVIEW COMMITTEE. Committee 02/02/98 PAGE FIVE Moved by Director Hardison, seconded by Director Beebe to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE 'THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Cncl recess CONTINUED AT 9:40 P.M. CRA continued THE CITY COUNCIL RECONVENED AT 10:00 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 RECESSED AND THE AZUSA PUBLIC FINANCING Convene APFA AUTHORITY CONVENED AT 10:01 P.M. THE CITY COUNCIL RECONVENED AT 10:02 P.M. Cncl Reconvened ORDINANCES/SPECIAL RESOLUTIONS Ord/Spec Resos Councilmember Stanford offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Ord. 98-01 AMENDING TITLE 88 ENTITLED ZONING ARTICLE VI "SPECIAL USE Special Use STANDARDS" ADDING DIVISION 5 PERTAINING TO "FUNERAL Standards MERCHANDISE" AND AMENDING THE TEXT OF TITLE 88 APPENDIX A . Funeral "REGULATION OF USES BY ZONING DISTRICT" BY ADDING "FUNERAL Merchandise MERCHANDISE" PERMITTED IN THE "M-1" AND "M-2" ZONES WITH A "CONDITIONAL USE PERMIT". Moved by Councilmember Stanford, seconded by Councilmember Hardison to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: SCHEDULED ITEMS HARDISON, STANFORD, ROCHA, BEEBE, MADRID NONE NONE Scheduled Items CONTINUED PUBLIC HEARING - on the Community Development Block Grant Cont Pub Hrg (CDBG) funds for the 24' Year Program (1998-99 fiscal year). CDBG funds Community Development Director Bruckner addressed the Hearing stating that at the Com Dev Dir last meeting Council asked for clarification on the relationship of the Facade comments Improvements and the Commercial Rehabilitation projects in relationship to the 24'" Year funding request. He referred to staff report which states: "Since both of these projects have been formerly approved, there is no need to approve the projects again, so they were not included in the list of 24`h Year Projects. However, per federal regulations, if a substantial change is made to any existing project, the public must have the opportunity to participate in making decisions regarding that substantial change". 02/02/98 PAGE SIX Councilmember Beebe requested that $470.00 be taken from Student Resource Officer - Beebe Gladstone High and place it in the Azusa Community Food Bank project in order to comments/change satisfy its original request of $3,000. It was consensus of Council to approve that amendment to Resolution approving 24'" Year CDBG Program. Councilmember Beebe offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING Res. 98-C20 THE PROPOSED CHANGES TO THE STATEMENT OF COMMUNITY CDBG FY 1997 - DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS FOR FISCAL 98 YEAR 1997-98. Moved by Councilmember Beebe, seconded by Councilmember Stanford to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: ! AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilmember Beebe offered a Resolution, as amended, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING Res. 98-C21 THE STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND CDBG FY 1998 - SELECTING PROJECT FOR FUNDING FOR THE COMMUNITY DEVELOPMENT 99 BLOCK GRANT PROGRAM FOR FISCAL YEAR 1998-99. Moved by Councilmember Beebe, seconded by Councilmember Stanford to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS HARDISON, STANFORD, ROCHA, BEEBE, MADRID NONE NONE INFORMAL PUBLIC HEARING - on Local Law Enforcement Block Grants Informal Pub Hrg (LLEBG) Program. LLEBG Program Chief of Police Broderick addressed the Hearing stating that the LLEBG Program came from a crime bill in 1997 in the amount of $62,422.00; its intent was to be utilized for front line law enforcement and/or crime prevention, with emphasis on community based policing. There is an Advisory Board, which is comprised of members from the field of law enforcement, courts or corrections, education and the community. He proposed that these funds be invested to build the infrastructure to support video surveillance equipment for selected areas within the City. He detailed how video surveillance would help to enhance crime prevention efforts and described specific incidents where this technology could have been used in the past. Ms. Diana Offen expressed her opinion in favor of the LLEBG Program. Chief Broderick comments D. Offen After further discussion, it was moved by Councilmember Stanford, seconded by LLEBG fund Councilmember Rocha and carried by roll call to approve the expenditure of LLEBG Technology & funds in the areas of technology and crime prevention. Councilmember Hardison Crime prevention dissenting. approved 02/02/98 PAGE SEVEN OTHER BUSINESS/CITY COUNCIL Oth Bus/Cncl Lengthy discussion was held between Councilmembers and staff regarding the Discussion re: Redevelopment Agency Plan Amendment, specifically, eminent domain. Each CRA Amendment Councilmember expressed his/her view on the subject. Other items discussed were a Plan -Eminent specific plan for the proposed area, the process of eminent domain, restrictions, Domain benefits, and time span. 'It was consensus of Council that staff be directed to come back at the next meeting with report to postpone the process of eminent domain for the Redevelopment Agency Plan Amendment, in order that Council, staff and community can identify and understand the process and its consequences, collectively. THE REDEVELOPMENT AGENCY AND CITY COUNCIL CONVENED CRA/Cncl convene JOINTLY TO RECESS TO CLOSED SESSION TO DISCUSS THE jointly closed sess FOLLOWING: A. REAL PROPERTY NEGOTIATIONS (Gov: Code Sec. 54956.8. 1. Wayne and Valda Fletcher, 650 North Azusa Avenue 2. George and Maria Padilla, 638 North Azusa Avenue Negotiator: Richard Forintos 3. Mr. and Mrs. Andrews, 429 North Azusa Avenue 1 4. Screwmatic, 847 West First Street Negotiator: Interim City Administrator I B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. 54956.9 (a). 1. Basura's Custom Auto Body Towing and Transportation, a corporation, and Michael N. Basura, an individual v. City of Azusa, a municipal corporation, et. al., Los Angeles County Superior Court Case No. BC183759. 2. City of Azusa, et. al. v. Mission Chrysler Plymouth, Inc., et. al., Orange County Superior Court Case No. 764504. 3. City of Azusa v. Oil and Solvent Processing Company, Waste Management, Inc. and Does i through 100, inclusive, Los Angeles Superior Court Case No. KCO26301. TIME OF RECESS: 10:52 P.M. THE CITY COUNCIL RECONVENED AT 12:30 A.M. Recess Reconvened City Attorney/General Counsel Carvalho advised that there was no reportable action No Reportable taken in closed session. She further advised that Real Property Negotiation items re: Action/two property at 847 West First Street, and 429 North Azusa Avenue, were continued to the Real Prop items Adjourned meeting of February 9, 1998, 6:30 p.m., in the Light and Water Conference continued to 2/9 Room. It was consensus of Councilmembers/Boardmembers to adjourn to Monday, February, Adjourn 9, 1998, 6:30 p.m. in the Light and Water Conference Room, in order to conduct a 2/9/98 workshop with the Azusa Chamber of Commerce and to recess to Closed Session to L&W discuss Real Property Negotiations regarding property at 847 West First Street, Conference Screwmatic and 429 North Azusa Avenue, owned by Mr. And Mrs. Andrews. Room 02/02/98 PAGE EIGHT TIME OF ADJOURNMENT: 12:31 A.M. NEXT RESOLUTION NO. 98-C22. NEXT ORDINANCE NO.98-03. 02/02/98 PAGE NINE