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HomeMy WebLinkAboutAgenda Packet - December 6, 2004 r �C'gUFOR�P AGENDA CITY COUNCIL, AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM MONDAY, DECEMBER 6, 2004 213 EAST FOOTHILL BOULEVARD 6:30 P.M. AZUSA CITY COUNCIL CRISTINA C. MADRID MAYOR DIANE CHAGNON IOSEPH R. ROCHA COUNCILMEMBER COUNCILMEMBER DICK STANFORD DAVE HARDISON MAYOR PRO-TEMPORE COUNCILMEMBER 1. CEREMONIAL A. Presentation of proclamations to outgoing Commission Members as follows: Frances Gonzales and Edward Hlava - Cultural and Historic Preservation Commission, Angel Carrillo and Marti Villanueva - Human Relations Commission, John Dierking and Bettina Duran - Library Commission, Mary Sandlin - Park and Recreation Commission, Lee Ann Mickey - Personnel Board, and Don Flowers - Planning Commission. B. Presentation of Certificates of Recognition to participants in the Azusa Raiders Football Competitions throughout the year. 7:30 p.m. - Convene to Regular Meeting of the City Council. • Call to Order • Pledge to the Flag • Invocation - Pastor Jessie Aramburo of the First Baptist Church. • Roll Call 1 If. PUBLIC PARTICIPATION Person/Group shall be allowed to speak without interruption up to five (5) minutes, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments, shalibe handledafter the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes. A. Mr. Art Morales to address Council regarding City Manger and Starbucks Cafe. He would also like to remind all that December 7`h is Pearl Harbor Day. III. REPORTS. UPDATES. ]PENDING ITEMS AND ANNOUNCEMENTS FROM COUNCIL AND STAFF A. Status Report of Major Projects. B. Status Report on the Eighteen Month Extension of the Amortization Period the Nonconforming Commercial and Residential Uses, located at 330,336, 338 8.350 Foothill Boulevard and 638. 640. 642 8. 644 Sunset Avenue. Recommendation: Direct staff to proceed with the abatement of the nonconforming uses located at 330/336, 338 8. 350 Foothill Boulevard and 638, 640, 642 8.644 Sunset Avenue. C. Library Director Tovar - Update on the Library Project. IV. SCHEDULED ITEMS A. CONTINUED PUBLIC:HEARING - a request to amend various sections of the Azusa Municipal Code to ensure conformance between the City's recently adopted General Plan and the City's Development Code. Zone Changes Number Z-2004-01. Recommendation: Receive public testimony on the Draft Development Code, close the public hearing, and continue the item to the December 20, 2004 meeting for adoption. B. Resolution Aparovinc; Transition Period of Policy Governing Transfers from Utilities Department to City General Fund and Capital Improvement Fund Recommendation: Waive further reading and adopt Resolution No. 04-C93, setting forth a transition period for the implementation of policies relating to transfers from the Utilities Department to the City General Fund and Capital Improvement Fund. C. Proposed Change to the Community Development Block Grant (CI)BG) 30'Year Program (FY 2004/05) - Atlantis Gardens Parkway Improvements and Slauson Park Restroom Improvements. Recommendation: Waive further reading and adopt Resolution No. 04-C94, approving cancellation of CDBG Project Number 600653-04 Atlantis Gardens Parkway Improvements in the amount of $29,000 and reprogramming $89,000 to the Slauson Park Restroom Improvements project; and approve the budget amendment. D. GRC Consultants Professional Services Agreement. Recommendation: Waive the formal bidding process and approve a professional services agreement with GRC Consultants, Inc. 12/06/04 PAGE TWO V. CONSENT CALENDAR The Consent Calend;iir adopting the printed recommended actions will be enacted with one vote. /f Staff or Councilmembers wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. A. Approval of Minutes. Recommendation: Approve minutes as written. B. Human Resources Action Items. Recommendation: Approve Personnel Action Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). C. City Treasurer's Report as of October 31, 2004. Recommendation: Receive and file the Report. D. Sungard Bi-Tech Software Maintenance Contract. Recommendation: 1) Waive formal sealed bids in accordance with the Azusa Municipal Code Section 2-523 section C, no competitive market, which allows for proprietary services that can only be provided by one source. 2) Approve the annual software maintenance and support contract from SunGard Bi- Tech, in the amount of $37,200.82, and authorize the City Manager to execute the contract. E. Changes in Classifications Represented by the Azusa City Employees Association (ACEA). Recommendation: Adopt Resolution No. 04-C95, approving a modification of the MOU between the City and the ACEA effective August 1 , 2000 through July 31 , 2004. F. The Mobility'Group -- General Plan Transportation Consultant Contract Amendment Recommendation: Approve the amendment to the Mobility Group contract for a transportation analysis and planning process. G. IBEW Contract Extension August 1. 2004 through lulu 31 2005 Recommendation: Approve the side letter agreement for Local 18 of The International Brotherhood of Electrical Workers (IBEW) "status quo" contract dated August 1, 2004 through July 31 , 2005. This is a one year extension to the existing MOU. H. Resolution Authorizing Payment of Warrants by the City. Recommendation: Adopt Resolution No. 04-C96. VI. REDEVELOPMENT AGENCY CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. lfStaff or Directors wish to address any item on the Consent Calendar individual/y, it will be considered under SPECIAL CALL ITEMS. A. Minutes of the Redevelopment Agency, Recommendation: Approve minutes as written. 12/06/04 PAGE THREE B. Agency Treasurer's Report as of October 31, 2004. Recommendation: Receive and file. 1 C. Resolution Authoriziing Payment of Warrants by the Agency. Recommendation: Adopt Resolution No. 04-R31. VII. ADIOURNMENT A. Adjourn. UPCOMING MEETINGS: E)ecember 20, 2004, City Council Meeting January 4, 2005 (Tuesday), City Council Meeting January 10, 2005, City Council Workshop January 18, 2005 (Tuesday) City Council Meeting In compliance with the Americans with Disabilities Act, if you need special assistance to participate Ina city meeting;please contact the City Clerk at 616-811-5119. Notification three (3) working days prior to the meeting when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting. 12/06/04 PAGE FOUR iLi,„; , aAZUS UPDATE TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: SHARON W. HIGHTOWER, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT n,� VIA: ROBERT K. PERSON, ASSISTANT CITY MANAGER f"�, DATE: DECEMBER 6, 2004 SUBJECT: A FINAL STATUS REPORT ON THE EIGHTEEN MONTH EXTENSION OF THE AMORTIZATION PERIOD THE NONCONFORMING COMMERCIAL AND RESIDENTIAL USES, LOCATED AT 330/336, 338 8.350 FOOTHILL BOULEVARD AND 638, 640, 642 8.644 SUNSET AVENUE. RECOMMENDATION: Staff recommends that the City Council direct staff to proceed with the abatement of the nonconforming uses located at 330/336, 338 8.350 Foothill Boulevard and 638, 640, 642 &644 Sunset Avenue. BACKGROUND: On October 31, 1986, the then owners of the subject property (Frederick and Joan Peterson) and the City of Azusa entered into an agreement regarding the amortization of the nonconforming commercial and residential uses - a used-car lot fronting Foothill Boulevard and four detached residential units fronting Sunset Avenue. The 1986 agreement required the owner to terminate the residential use on the subject properties by November 17, 1991 and convert them to commercial uses or demolish them by November 17, 1992; and terminate the used auto sales by January 6, 2003. In 1991, the City Council granted a five-year extension (until 1996 and 1997 respectively) for the termination and demolition of the residential uses. On August 15, 2002, the current property owner, James Dusserre, filed an application for a 10-year extension of the amortization period, which was denied by the Zoning Administrator on October 9, 2002 and denied on appeal by the Planning Commission on January 15, 2003. Nonconforming Use Status 330/336, 338 &350 FOOTHILL BOULEVARD AND 638, 640, 642 8.644 SUNSET AVENUE December 6, 2004 Page 2 of 3 On February 18, 2003, the City Council approved an extension of eighteen months (until August 18, 2004). The owner agreed that the additional 18 months was sufficient time to phase out the car lot and residential uses and to actively market the property to developers for the redevelopment of the property with a use that would be consistent with the new General Plan - a mixed-use or residential infill project. At six-month intervals (August 2003 and February 2004), the owner was required to report back to the Council on the progress of selling the property. During both reporting periods, the owner reported that he was diligently marketing the property. On April 19, 2004, the new General Plan was adopted. Under the new Plan, the Land Use designation this block of Foothill Boulevard was changed to Residential Mixed-Use. DISCUSSION: In July 2004, staff notified the owner that the 18-month extension was about to expire, and that the nonconforming uses will have to be terminated. The owner responded with a letter (attached) asking for more time to phase out the uses. The owner claims that he has lost a potential buyer, and now wishes to redevelop the property himself. He states that he will need until December 31, 2004 to liquidate the stock from the car lot business, and six additional months (June 30, 2005) for the removal of the houses. This would enable him to give notice to the tenants and to continue to receive the income from the rental property. It should be noted, however, that the Council approved the additional 18- months for that purpose. This report was originally scheduled to go to the Council in August, but was delayed in order for the Council to review the City's policy on the abatement of nonconforming uses. A Workshop was held on November 8, 2004, at which the Council discussed various alternatives for abating nonconforming uses. The Council agreed that the Foothill Boulevard Corridor was one of the areas where transformation is most likely and desirable and where the amortization of nonconforming uses should continue. FISCAL IMPACT: The fiscal impact of the abatement of the nonconforming uses is largely dependant the owner's willingness to adhere to the commitment expressed in his August 22, 2004 letter, in which he states his willingness to discontinue the uses. Based on previous cases, it is estimated that the potential cost in staff and City Attorney time could be in the range of $17,000 to $25,000. r Nonconforming Use Status 330/336, 338 &350 FOOTHILL BOULEVARD AND 638, 640, 642 8.644 SUNSET AVENUE December 6, 2004 Page 3 of 3 Attachments: • Vicinity Map • Site Plan • Applicant letter 8/22/2004 • 1986 Agreement Regarding Abatement of Public Nuisance • City Council Resolution 8147 - December 1, 1986 • City Council Resolution 91-C177 - December 2, 1991 Prepared by: Lawrence Onaga,Assistant Director of Community Development 14 I /2/6/4. 1 p t�, h �u. lh� CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ANN GRAF GAYNOR, INTERIM DIRECTOR OF INFORMATION TECHNOLOGY VIA: ROBERT PERSON, ASSISTANT CITY MANAGER DATE: DECEMBER 6, 2004 SUBJECT: SUNGARD BI-TECH SOFTWARE MAINTENACE CONTRACT RECOMMENDATION 1. It is recommended that the City Council waiving formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section C, no competitive market, which allows for proprietary services that can only be provided by one source. 2. It is recommended that the City Council approve the annual software maintenance and support contract from SunGard Bi-Tech, in the amount of $37,200.82, and authorize the Assistant City Manager to execute the contract. BACKROUND This contract provides on going support and updates to our Bi-Tech Financial system. The city needs to retain ongoing software support form the vendor in order to limit any potential down time and for product enhancements to this software. FISCAL IMPACT Funding for requested purchase is part of Information Technology Department operating budget 48499300006835 for fiscal year 2005.