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HomeMy WebLinkAboutMinutes - August 17, 1998 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 17, 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. Call to Order INVOCATION was given by Reverend Wilson of Jerusalem Christian Center. Invocation ROLL CALL PRESENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, Roll Call BEEBE, MADRID ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Cole, Chief of Police Broderick, Community Development Director Bruckner, Secretary Rocha, Transportation Manager MacKay, Recreation Superintendent Noriega, Recreation Superintendent Jacobs, City Engineer Abbaszadeh, City Clerk Solis, Deputy City Clerk Toscano. CEREMONIAL _ Ceremonial Recreation Superintendent Noriega announced the Summer Carnival on August 23, Azusa Dolfin Swim 1998, to be sponsored by the Azusa Dolfm Swim Team. He introduced the team and Team/and other their parents and provided statistics on them. He called upon Coaches Harmony Allen announcements and Julie Smith who them presented, on behalf of the Azusa Dolfm Swim Team presented a check to the City Council in the amount of $1,945.06, to show appreciation for continued support of the pool programs. He then announced that the pool will be open for the Labor Day weekend, September 5d, 6h, and 7`", from 1 p.m. to 4 p.m. PUBLIC PARTICIPATION Pub Part Mr. David Feldman addressed Council with complaint regarding cable televison channel D. Feldman line up, stating that they removed a sports channel and replaced it with court tv. He was comments referred to staff to take down his complaint. Ms. Lana Grizzell addressed Council reminded all that the deadline for honored citizens L. Grizzell applications and Golden Days theme for 1999, are due on August 21, 1998. She then comments announced the celebration of the 60' anniversary of the Civitans Club on September 20`" at Don Ramon's. Mr. Freddie Spoliansky addressed Council thanking all for their support against F. Spoliansky pornographic movies on cable television and voiced his concern regarding proliferation comments of vehicular loitering and littering on Tenth Street and Todd Avenue. City referred to City Administrator advised that he would look into the matter and provide a report to Mgr Council. City Manager Cole advised and recommended, that with regard to correspondence City Mgr received from Mr. McKee with his concerns relating to Closed Session item regarding comments re: Real Property Negotiations, Rosedale site; that the item be deferred to the adjourned Concern by Mc regular meeting of Wednesday, August 19, 1998, in order that staff investigate the Kee concerns of Mr. McKee. Mr. Ron Legault addressed Council with concern regarding Rosedale Project .water R. Legault rights, single detached homes, street improvements, cuts in city budget, Texaco sign comments cost, non attendance at chile cook off at Fellows Camp, and ad in Azusa Gazette. Pastor Luis Cruz of Centro Esperanza, and Pastor Dale Nelson, President of the Ministerial Association addressed Council stating that Centro Esperanza wished to purchase the Masonic Temple, but were unable to meeting parking requirements. The matter was referred to Community Development Director Bruckner and City Manager Cole. City Manager Cole advised that there may be some concerns with that particular site and they may have to look into the possibility of considering other sites. Mr. Art Morales addressed Council voicing thanks to all who spoke against the proposed x -rated channel on cable television. He also voiced concerns regarding the Rosedale workshops process and recommended that the matter be placed on the March 1999 ballot. L. Cruz & D. Nelson re: Masonic Temple parking requirements A. Morales comments Ms. Marianne Miasnik addressed Council providing an update on the Rosedale project, M. Miasnik specifically, reminding all that density is a major concern of Azusa residents. She then comments detailed other concerns with the project. Mr. Ray Augustine addressed Council voicing his concerns regarding the Rosedale R. Augustine project and the right-of-way on Tenth Avenue, density, a stadium, and no lights on comments Azusa Avenue and the RR crossing. REPORTS, UPDATES AND ANNOUNCEMENTS FROM COUNCIL/STAFF City Manager Cole acknowledged the City Clerk's office for new agenda packets and City Manager Information Services for providing new technology, by allowing use of lap top comments 'computer. He then advised that the City Librarian will be heading the expanded Community Services and Library Division and the existing Superintendents will head the Recreation and Parks Departments and will be bring new duties and titles at an appropriate time but no new positions are being created. He then announced that on Wednesday, August 19'", there will be a report presented on Rosedale with an analysis of the existing Plan. Councilmember Rocha announced that the Summer Carnival will be free to all Azusa Rocha children on August 23, 1998, from 5 p.m. to 8 p.m., without swimming. He comments presented flowers to Mayor Madrid in honor of her Birthday. Councilmember Stanford stated that Charter Communication advised him that they never Stanford before had a city object to x -rated channels. He requested that the MIS committee, comments under the supervision of the City Manager look into the year 2000 computer problems, and lastly complimented Mr. Cole for his new ideas and work. Mayor Madrid thanked all for holding down the fort while she was on vacation, Madrid requested that certificates of appreciation for people who hosted and organized the comments National Night Out, reminded all of the August 22nd Sister City steak dinner at Monrovia Nursery, and informed all of the Quakes baseball game honoring Azusa on August1th. ' PUBLIC HEARING - to adopt a Resolution approving appropriation Amendments for Pub Hrg fiscal year 1998-99. Appro Amend 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 August 6, 1998. City Manager Cole addressed the budget transfer, detailing that the funds will be for City Mgr nine CIP projects, and to update the general plan. comments 08/17/98 PAGE TWO Mr. Art Morales addressed the issue suggesting funds be used to offset Police budget A. Morales and that replacement of windows in auditorium should be done by ROP students. comments Mr. Ron Legault also suggested that funds be spent on Police Department budget. R. Legault/com Moved by Councilmember Beebe, seconded by Mayor Madrid and unanimously carried Hrg Closed to close the Hearing. ' Councilmember Stanford offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 98-C140 APPROVING APPROPRIATION AMENDMENTS FOR FISCAL YEAR 1998-99 Budget Transfers PURSUANT TO SECTION 2-450 OF THE AZUSA MUNICIPAL CODE. CIP Projects Moved by Councilmember Stanford, 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: COUNCILMEM 3ERS: NONE ABSENT: COUNCILMEMBERS: NONE PUBLIC HEARING - on adoption of a Resolution finding the City to be in Pub Hrg conformance with the Congestion Management Program (CMP) and adopting the CMP CMP Local Implementation Report in accordance with California Government Code Section 65089. 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 July 30, 1998. City Manager Cole addressed the item detailing how the city is addressing the City Mgr Congestion Management Plan in its report. Discussion was held between comments Councilmembers and staff regarding concerns about traffic. Staff advised that they would come back with a detailed strategy. Mr. Art Morales addressed the issue questioning credits and impact on Rosedale Project. A. Morales City Manager responded stating that any adverse traffic patterns/impacts would be City Mgr addressed in the Environmental Impact Report. Moved by Councilmember Beebe, seconded by Mayor Madrid and unanimously carried Hrg closed to close the Hearing. Councilmember Stanford offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, FINDING THE CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP 'LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. Moved by Councilmember Stanford, seconded by Councilmember Beebe td waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID NOES: COUNCILMEM 3ERS: NONE ABSENT: COUNCILMEMBERS: NONE 08/17/98 PAGE THREE Res. 98-C141 Adopting CMP Implementation Rpt It was consensus of Councilmember that item VI -B, be brought forward for handling City Manager Cole addressed the issue stating that in this City there is an unusual requirement in the zoning code with regard to the size of wall signage, that there be no more then 10% of the height of the building, which has created an adverse problem in the Edgewood Shopping Center. He detailed the problem and requested to waive the code section as it relates to the rehabilitation of existing centers. He advised that staff will analyze this section of the code to see if there is a need for permanent revision. Mr. Kevin Kemper, Attorney for Howard Trust, owners of the Edgewood Shopping Center, addressed the issue in favor of the Urgency Ordinance. Councilmember Stanford offered an Urgency Ordinance entitled: VI -B, brt fwrd City Mgr comments K. Kemper comments AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Ord No. 98-013 ESTABLISHING A MORATORIUM ON THE STANDARD LIMITING THE Mora on Standard MAXIMUM HEIGHT OF WALL SIGNS AS APPLIED TO EXISTING Limiting Maximum COMMERCIAL CENTERS UNDERGOING SIGN REFURBISHMENT, INCLUDED Height Wall Signs IN SECTION 88-1615, TABLE 88-1615 OF THE AZUSA MUNICIPAL CODE. Moved by Councilmember Stanford, seconded by Councilmember Beebe to waive further reading and adopt. Urgency Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The CONSENT CALENDAR consisting of Items IV -A through I -V -N, was approved by motion of Councilmember Stanford, seconded by Councilmember Beebe, and unanimously carried, with the exception of items IV -C, E, K and IV -N, which were considered under the Special Call portion of the Agenda. A. Minutes of the regular meeting of August 3, 1998, were approved as written. Consent Cal. Appvd, IV- Spec Call IV- C, E, K, N. Min Appvd B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 98-C142 APPROVING APPROPRIATION AMENDMENTS FOR FISCAL YEAR 1997- Appropriation 98 PURSUANT TO SECTION 2-450 OF THE AZUSA MUNICIPAL CODE. Amendments 1�30X91/:TILS1410rl00u1 Spec Call D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 98-C144 APPROVING THE PROGRAM SUPPLEMENT, M002, TO THE AGENCY- Program Supplmt STATE AGREEMENT FOR THE FEDERAL AID TO IMPROVE FOOTHILL Improve Foothill BOULEVARD, PROJECT NUMBER 07-5112. E. SPECIAL CALL ITEM. Spec Call ' F. The Agreement with the Azusa Unified School District for Adult School Classes Agmt w/AUSD at the Senior Center was approved and its execution was authorized. Adult Class/Sr.Ctr G. Mayor Madrid addressed Human Resources Action Items and congratulated Human Res. employees receiving merit increases and/or regular appointments. Action Items Human Resources Action Items were approved as follows: Merit Increase and/or regular appointments: 0. Bruno and L. Wofford. New Appointments: L. North, Police Dispatcher, pending physical exam. 08/17/98 PAGE FOUR H. The payment for the Gladstone High, School Resource Officer for fiscal year Resource Officer 1997-98, was approved in the amount of $12,000 and formal bidding was waived. pymt 1997-98 I. Due to high levels of lead contamination discovered in the basement of the south Change Order #31 police building, there is a need for new duct work in the entire basement. Change PD renovation Order #31 for Police Facility Addition and Alteration Project was approved in the project amount of $119,690, pending the approval of LaSalle National Bank (LNB). J. Change Order #33 for the Police Facility Addition and Alteration Project to Change Order #33 remove contaminated soil from existing gasoline dispenser area was approved in PD renovation the amount of $17,881, pending the approval of LaSalle National Bank (LNB). project K. SPECIAL CALL ITEM. Spec Call L Two separate resolutions authorizing payment of claims and demands were adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 98-C145 & ALLOWING CERTAIN CLAIMS AND DEMANDS AND -SPECIFYING THE C146 FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Warrants M. Purchase of Ammunition for Police Department Training and Field Duty in the Purchase of amount of $7,369.66, was approved. Ammunition PD N. SPECIAL CALL ITEM. SPECIAL CALL ITEMS Councilmember Rocha addressed item relating to the San Gabriel Riverfront Planning effort, stating that there is no direct cost to the City to continue with this project and there is minimal staff time required. Councilmember Beebe requested a summary report from staff explaining what Peg Hendersen has done up to now and to see what the group's objective is and what outcome is expected from this project. Councilmember Rocha offered a Resolution entitled: Spec Call Special Call Items Rocha & Beebe comments A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 98-C143 REQUESTING CONTINUED ASSISTANCE FROM THE DEPARTMENT OF re: San Gabriel INTERIOR, NATIONAL PARK SERVICE, RIVERS AND TRAILS PROGRAM, TO Riverfront Ping COMPLETE THE SAN GABRIEL RIVERFRONT PLANNING EFFORT. Group Moved by Councilmember Rocha, seconded by 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 Stanford explained the necessity for the increase in solid waste fees, per Stanford the original agreement. City Attorney also explained that Spadra landfill will soon be comments closing and explained the process for trash collection. Moved by Councilmember Rocha, seconded by Councilmember Stanford and Letter Agmt unanimously carried that the Letter Agreement for waste collection rates was approved Waste Collection and its execution was authorized. approved 08/17/98 PAGE FIVE Councilmember Beebe expressed her opposition to the waiving of the $15 business Beebe re: Boutique license vendor fee for the 7' Annual Holiday Boutique to be held on December 5, 1998. Recreation Superintendent Jacobs responded to the matter explaining the reasons for Superintendent waiving of fee, stating that this program is a revenue generating event. Jacobs response Moved by Councilmember Rocha, seconded by Councilmember Stanford and carried by Holiday Boutique roll call to allow the 7' Annual Holiday Boutique to be held at City Hall front lawn from 12/5 approved 7a.m to 5p.m. on Saturday, December 5th, and that the one day business license fee for vendors he waived. Councilmember Beebe dissenting. Discussion was held regarding the contract with the Azusa Chamber of Commerce and Discussion re: the fact that it no longer contains the Miss Azusa Pageant, as focus of the contract Chamber of consists mainly of economic development. It was suggested that a joint effort between Commerce Chamber and AUSD may be created, fundraisers may be held as for the Azusa Rose Contract Float, etc. It was consensus of Councilmembers that the item be continued to the Continued to 9/8 meeting of September 8, 1998, in order that staff may research the item, i.e. cost meeting analysis, or other means of support. THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED Cncl/CRA convene JOINTLY TO DISCUSS THE FOLLOWING: jointly Director of Community Development Bruckner explained the project, stating that Com Dev Dir Agency purchased the property located at 616 Eleventh Street, ROP students will be ROP/home used to remodel it and that the Agency will then sell and cover costs. remodel Discussion was held between Councilmembers/Directors and staff regarding sale of last Discussion home, advertisement, selection of students, status of current home and cost for fees and 'permits, which are passed on to the buyer. _ Councilmember Hardison offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 98-C147 APPROVING THE PURCHASE AND SALE AGREEMENT WITH AZUSA VALLEY Pur & Sale Agmt WATER COMPANY. AVWC Moved by Councilmember Hardison, 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 Director Hardison offered a Resolution entitled: A RESOLUTION OF THE AZUSA REDEVELOPMENT AGENCY BOARD OF Res. No. 98-1153 DIRECTORS APPROVING THE PURCHASE AND SALE AGREEMENT WITH Pur & Sale Agmt THE AZUSA VALLEY WATER COMPANY. AVWC Moved by Director Hardison, seconded by Director Stanford to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: NOES: DIRECTORS: ABSENT: DIRECTORS: 08/17/98 PAGE SIX HARDISON, STANFORD, ROCHA, BEEBE, MADRID NONE NONE Director Hardison offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT Res. No. 98-R54 AGENCY OF THE CITY OF AZUSA APPROVING THE EDUCATIONAL Appvg Ed Svs SERVICES CONTRACT WITH THE EAST SAN GABRIEL VALLEY REGIONAL Agmt w/ESGV OCCUPATIONAL PROGRAM (ROP) AND THE AZUSA UNIFIED SCHOOL ROP & AUSD DISTRICT (AUSD). Moved by Director Hardison, seconded by Director Stanford 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/CRA CONTINUED AT 9:22 P.M. continued THE CITY COUNCIL RECONVENED AT 9:23 P.M. Cncl reconvened THE INDUSTRIAL DEVELOPMENT AUTHORITY DID NOT CONVENE AS IDA No bus. THERE WAS NO BUSINESS NECESSARY TO BE TRANSACTED. THE AZUSA PUBLIC FINANCING AUTHORITY DID NOT CONVENE AS APFA No bus. THERE WAS NO BUSINESS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Ord/Spec Resos. ' Councilmember Beebe offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Ord No. 98-012 AMENDING THE WEST END SPECIFIC PLAN, MODIFYING THE SERVICE Amend West End COMMERCIAL AUTO (SC -A) DISTRICT TO ALLOW PRINCIPALLY Specific Plan PERMITTED USES IN THE SERVICE COMMERCIAL DISTRICT BY RIGHT. Moved by Councilmember Beebe, seconded by Councilmember Rocha to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS HARDISON, STANFORD, ROCHA, BEEBE, MADRID NONE NONE Oth/Bus Cncl Discussion was regarding resolution adopted by the County Board of Supervisors Discussion regarding prohibition of outdoor advertising (billboards) of alcoholic beverages, prohibition of cigarettes and other tobacco products and adult telephone messages in residential areas. outdoor advertising Moved by Councilmember Stanford, seconded by Mayor Madrid and unanimously Referred to staff carried that staff prepare a report, take to the. Planning Commission for appropriate for appropriate action to be presented in conjunction with the proposed billboard ordinance and to come action back to Council for appropriate action. Additional discussion was held regarding the City of Oakland and its trial court action Add'1 discussion that has been challenged, as part of recommendation, staff is to study the trial court decision. 08/17/98 PAGE SEVEN It was consensus of Councilmember to recess to closed session to discuss the following: Closed Session REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8). Owner: Monrovia Nursery Company Negotiator: Rick Cole, City Manager and Roy Bruckner Property: Monrovia Nursery Property Site, and, in particular, potential acquisition of (a) public curbs, gutters, sidewalks and streets, (b) public parks, ( c ) public sewers and storm drains, and certain other property interest described more particularly in the Rosedale Development Project Draft EIR, Draft Fiscal Impact Report and Draft Specific Plan documents which are available for review free of charge, in the City's Community Development Department at City Hall or at the Azusa Library; as well as covenants, conditions and restrictions, recorded against the Monrovia Nursery Property Site for the benefit of the City. Under Neg. Consideration of related terms. (The above stated item was continued to the adjourned regular meeting of Wednesday, August 19, 1998). CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Section 54956.9 (a)): Lim v. City of long Beach. Request for Amicus Support from the City of Azusa. (Action on the above stated item was taken (continued) to the adjourned regular meeting of Wednesday August 19, 1998). CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Gov. Code 'Section 54956.9 (a)): Johnson v. City of Azusa, Case No. Los Angeles Superior Court 11BC 1924900. - PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Section 54957). City Manager. THE CITY COUNCIL RECESSED TO CLOSED SESSION AT: 9:35 P.M. THE CITY COUNCIL RECONVENED AT: 10:35 P.M. It was reported by a consensus of the Councilmembers that there was no reportable No reports action taken in Closed Session. It was consensus of Council to adjourn to Wednesday, August 19, 1998, 6:30 P.M., in Adjourn to the Civic Auditorium to conduct a joint meeting with the Planning Commission 8/19/98 regarding the Rosedale Project. TIME OF ADJOURNMENT: 10:36 P.M. CITY CL NEXT RESOLUTION NO. 98-.C148. NEXT ORDINANCE NO.98-014. 08/17/98 PAGE EIGHT 6:30 p.m.