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HomeMy WebLinkAboutResolution No. 96-C560 0 RESOLUTION 96-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS INTENTION TO ACTIVELY PURSUE THE OPENING OF HIGHWAY 39 SOUTH OF HIGHWAY TWO IN THE ANGELES NATIONAL FOREST AND IMPROVE TRAFFIC CONDITIONS UPON THE HIGHWAY THE CITY COUNCIL OF THE CITY OF AZUSA DOES HERESY RESOLVE AS FOLLOWS: WHEREAS, The City Council of the City of Azusa has considered and adopted Resolution number 94-C44 on the 21st day of March 1994, and declared its intention to accept the jurisdiction of a portion of Route 39 (Azusa and San Gabriel Avenues from the State of California; and WHEREAS, In further discussions with the US Forest Service, The City Council does acknowledge the importance of reopening of Highway 39 in the Angles National Forest; and WHEREAS, It is in the best interest of the City of Azusa and the recreational activities in the Angeles National Forest to remove the Highway closure; and WHEREAS, The City of Azusa has met with the US Forest Service and identified other areas of agreement between the two agencies to expedite the relinquishment process, and WHEREAS, The US Forest Service has agreed to support the relinquishment if adequate traffic lanes are provided, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of Azusa will actively support the reopening of Highway 39 south of Highway two in the Angeles National Forest. SECTION 2. The City of Azusa will not arbitrarily cause the prevailing, posted speeds in its downtown area to fall below the existing levels. SECTION 3. The City of Azusa will investigate the necessity and possibility of two northerly lanes of 0 6 traffic on Azusa and San Gabriel Avenue to the north of Sierra Madre Avenue. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this 22nd day of April 1996. MAYOR I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at a Special meeting thereof, held on the 22nd day of April 1996, by the following vote of the City Council: AYES: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE //j/,j j .) 9 0 RESOLUTION NO. 96-055 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL ASSESSMENTS FOR THE CITYWIDE "FIRE SUPPRESSION BENEFIT" ASSESSMENT FOR FISCAL YEAR 1996-97 AND ORDERING THE PREPARATION AND FILING OF A REPORT IN ACCORDANCE THEREWITH WHEREAS, during the 1989-90 through 1995-96 Fiscal Years the City Council of the City of Azusa, California, (the "City Council") levied and collected a citywide Fire Suppression Benefit Assessment (the "Benefit") to fund a portion of the City of Azusa, California's (the "City") contract with the Los Angeles County Fire Protection District for fire protection and suppression pursuant to the provisions of the California Government Code Sections 50078 et sea. (the "Code"); and WHEREAS, the Benefit is assessed within an area with the same boundaries as the City; and WHEREAS, the City Council maintained the assessments for Fiscal Year 1992-93 at zero; and WHEREAS, the City Council increased the assessments for Fiscal Year 1994-95 to reflect the increased cost of fire protection services; and WHEREAS, the City Council increased the assessments for Fiscal Year 1995-96 to reflect the actual cost of fire protection services, and required that the assessments be reviewed each year; and WHEREAS, the City Council intends to continue the citywide Fire Suppression Benefit Assessment for Fiscal year 1996-97; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: the above recitals are true and correct. SECTION 2: The City Engineer is directed to prepare or cause to be prepared a report concerning such fire suppression benefit assessment as set out in Government Code Section 50078.4 providing for collection on the utility bill. SECTION 3: That when such report is completed and filed with the City Clerk, the Clerk is directed to give notice of a public hearing on such assessments as required by law. SECTION 4: The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 22nd day of APRIL. 1996. /J-,0,�.. -r Mayor ATTE ' I HEREBY CERTIFY that the foregoing Resolution No. 96-055 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 22nd day of APRIL. 1996 by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE NOES: COUNCILMEMBERS: ALEXANDER 0 RESOLUTION NO. 96—054 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL ASSESSMENTS FOR "CITY OF AZUSA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1 (COMMUNITY MAINTENANCE FEE)" FOR FISCAL YEAR 1996-97 AND ORDERING THE PREPARATION AND FILING OF A REPORT IN ACCORDANCE THEREWITH WHEREAS, in 1989 the City Council of the City of Azusa, California (the "City Council") formed "City of Azusa Landscaping and Lighting Assessment District No. 1" (the 'District") and levied assessments related thereto known as the "Community Maintenance Fees" pursuant to the provisions of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "Act"); and WHEREAS, the District has the same boundaries as the City of Azusa, California (the "City"); and WHEREAS, the City Council did not increase the assessments for Fiscal Year 1994-95; and WHEREAS, the City Council intends to continue the citywide City of Azusa Landscaping and Lighting Assessment for Fiscal year 1996-97; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: the above recitals are true and correct. SECTION 2: No new improvements or substantial changes in the existing improvements are contemplated within the District. SECTION 3: The City Engineer is hereby ordered to cause the preparation of a report in accordance with Article 4 of the Act for the District and upon completion to file said report with the City Clerk who shall then submit the same to the City for its consideration. SECTION 4: The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 22nd day of APRIL. 1996. Yom— <.l ,, ayor I HEREBY CERTIFY that the foregoing Resolution No. 96—054 was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 22nd day of APRIL 1996, by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: (Irochale: wordproI roytin Wan d) HARDISON, MADRID, NARANJO, BEEBE ALEXANDER Page I of I 9 0 RESOLUTION NO. 96-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REOPENING THE PUBLIC NUISANCE APPEAL HEARING AND AMENDING THE DECLARATION OF PUBLIC NUISANCE ISSUED BY THE AZUSA CITY COUNCIL ON AUGUST 2, 1993 AS RESOLUTION NO. 93-C102 ORDERING THE ABATEMENT OF TWO (2) ILLEGAL HOUSING UNITS AT 813 W. GLADSTONE STREET (ASSESSOR NO. 8614-027-041), AND GRANTING AN APPEAL TO MR. JOSE RODRIGUEZ FOR AN EIGHT (8) YEAR EXTENSION TO ALLOW CONTINUED USE OF A LEGALLY EXISTING NONCONFORMING RESIDENTIAL DWELLING PURSUANT TO SECTION 14-418 OF THE AZUSA MUNICIPAL CODE (CASE NOS. 92 -2046 -AC AND 95 -C -960-M) THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Azusa does hereby find, determine and declare that: A. On March 18, 1996, the owner of the property at 813 W. Gladstone Street, Mr. Jose Rodriguez, 445 S. Vernon Avenue, Azusa, California, 91702, and his Attorney, Mr. Ralph Almeida, 8811 E. Las Tunas Drive, San Gabriel, California, 91776, appeared before the Azusa City Council and submitted photocopies of building permits for construction of a storage room (Permit #506913, dated July 5, 1954) and carport (Permit #4882B, dated October 6, 1953), which indicated an existing one (1) family residential use on the property at the time the permits were issued. Based on the residential use being indicated on the permits, Mr. Rodriguez requested that the City Council reconsider the Declaration of Public Nuisance and Order to Abate a Public Nuisance dated August 2, 1992 as Resolution No. 93-C102. Based on Mr. Rodriguez's request, city staff was directed to review the evidence submitted by Mr. Rodriguez and report back to the City Council on April 1, 1996. B. On April 1, 1996, the Azusa City Council reviewed the report and heard testimony from the Community Development Director, Mr. Roy E. Bruckner, indicating that the City of Azusa had no records of a legally established residential use ever existing on the property, and referencing an aerial photograph taken in 1967. Testimony was also received from Mr. Ralph Almeida, Esq., who testified that the mere absence of any permits was not evidence of the residential use of the property not being legally permitted as an existing legal nonconforming residential use on a commercially zoned property. Mr. Almeida, further testified that Los Angeles County Assessor Records were not the best evidence of permitted uses and was hearsay evidence. Mr. Almeida then read a letter from Mr. Ray Fraijo of Azusa in which he claimed to have first hand knowledge of a residential use of the property in 1947. SECTION 2. Having considered all of the oral and written evidence presented to it at the hearing held on April 1, 1996, the City Council specifically finds that: A. The City Council Declaration of a Public Nuisance and Order to Abate adopted on August 2, 1992 as Resolution No. 93-C102 is hereby amended as follows: 1. The property at 813 W. Gladstone Street has one (1) legally existing nonconforming residential use thereon which has existed since 1947. SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this resolution, the City Council of the City of Azusa does hereby grant, in part, the appeal of Mr.Jose Rodriguez and finds that the Subject Property is a public nuisance pursuant to Section 14-412 of the Azusa Municipal Code. The City Council declares as follows: A. One of the residential units is declared a legal nonconforming use, which may remain on the property for a period of 8 years from the date of this resolution, after which the residential use must terminate, and the structure reconverted to commercial use. 1. Mr. Rodriguez must comply with Building and Planning requirements to remove immediate health and safety hazards after inspection. 2. Should the Subject Property be sold prior to the expiration of the 8 year time period, Mr. Rodriguez shall disclose to any potential buyer, prior to close of escrow, that the property is commercial, with residential use that must be eliminated under an approved building permit by the year 2004. B. The second residential unit existing on the property continues to be an illegal nonconforming use which must be abated within 6 months of the adoption of this resolution. 1. Mr. Rodriguez shall immediately obtain building permits to reconvert the second unit to commercial use, removing the kitchen and illegal construction. 2. All removal and demolition work shall be completed within 6 months of adoption of this resolution. SECTION 4. The City Clerk shall send a certified copy of this Resolution to the appellant at the address shown in the Notice of Appeal, or as set forth in the testimony or evidence at the hearing thereon. Such mailing shall constitute notice to each said party in accordance with Code of Civil Procedure Section 1094.6 and Azusa Municipal Code Section 14-420 and that any action to review this decision of the City Council shall be commenced not later than the ninetieth (90th) day following the adoption of this Resolution. SECTION 5. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of April 19 96. IM.