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HomeMy WebLinkAboutMinutes - April 17, 1989 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING APRIL 171 1989 - 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 Moses called the meeting to order and led in the Call to order salute to the Flag. INVOCATION was given by Reverend John Sims of the Invocation Prevailing Word Ministry. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT Also Present City Attorney Thorson, City Administrator Fuentes, Assistant City Administrator Diaz, Chief of Police Wood, Director of Finance Craig, Director of Community Development 'Bruckner, Utilities Director Hsu, Director of Public Works DeLoach, Director of Community Services Guarrera, City Librarian Alaniz, Redevelopment Director Steel, Business Marketing/Public Information Officer Katchen-Gall, City Treasurer Talley, City Clerk Solis, Administrative Clerk II Toscano. CEREMONIAL Ceremonial President of the Azusa Chamber of Commerce, Dennis Connor, Present introduced Miss Azusa and her court to the Council and Miss Azusa audience. & Court Miss Azusa - Peggy Mc Ewan 1st runner up - Jeanetta Spence 2nd runner up - Lacey Johnson Councilwoman Avila presented City of Azusa Pins to Miss Azusa and her court. PUBLIC PARTICIPATION Pub.Prtc. Dennis Connor, President of the Chamber of Commerce D. Connor addressed Council stating that the Chamber supported the comments re: Rock Company in Azusa. He read in full a letter that Azusa Rock 'Azusa he had sent to the Council in November 1988. The letter stated that the Azusa Rock Company had presented their current mining procedures and assured them of a restoration project, after the mining is completed; also, that they are already working on plans to alleviate some of the dust and noise problems. He further commended the City Council for negotiating with the City of Duarte and the Azusa Rock Company to bring better relationship and understanding on this issue to the community. John Lambrecht, Owner of Cardinal Church Furniture, J. Lambrecht addressed the Council regarding the relationship that exists Comments between the various sectors which make up the community. Community relationship He displayed a three legged stool, stating one leg represented the City Government, one leg represented commerce and industry and that one leg represented the citizens and the residents of Azusa. He stated that together in partnership, these three legs support and constitute the community, and that these supports could not withdraw themselves from the community and they could not attack one another without weakening the entire structure. He further stated that the City's future depended on afinancing and that it would have to turn to business for increased revenues. He attended meetings between the City and Chamber, where together they met to discuss various ways through which the City could enhance its revenue base to continue with the services which are presently provided to its citizens. He further stated that at these meetings, which took place over several weeks, staff and the business entities, represented by the Chamber of Commerce, molded themselves into a team, with the well-being of the entire community at heart, and that their efforts resulted in potential revenue increases amounting to several millions of dollars. He appealed to the residents of the City to show support of the Council, staff and the business community so that their team efforts will not have been in vain. In response to allegations he had heard, Councilman Naranjo stated that he had no intention of organizing an Hispanic chamber of commerce and that his sole aim in investigating Chamber of Commerce activities and bylaws was to determine whether thay were properly serving the City. It was then moved by Councilman Naranjo, seconded by Councilman Stemrich and unanimously carried by roll call to set up a meeting between the Chamber of Commerce and the Council to discuss mutual concerns and to better enhance closer relations. aEd Heck of Azusa Valley Water Company addressed Council regarding the sale of Pasadena property to the City and Azusa Valley Water Company. He stated that he first contacted Pasadena in 1982 regarding purchase of property adjacent to their plant to enable the Company to construct additional water treatment facilities and that the City of Azusa also became interested in the property in 1986 for use as a park site. Pasadena suggested that Azusa Valley Water Company and the City purchase the property as a joint venture. He stated that since Pasadena had not heard from the City in over a year, it is his understanding that the Parks and Recreation Commission does not want any part of this property as a park site, that the Azusa Valley Water Company is willing to purchase the entire parcel, and in the event that Azusa decides to proceed with the development of the remaining property at a later date, they would be willing to sell the unused portion to the City at their cost. Art West addressed Council regarding his objection to Mr. Dennis Connor of the Chamber of Commerce addressing the issue of Azusa Rock, since to him, it is a very political issue. He read article three of the Chamber of Commerce bylaws, which stated "The Chamber shall be non-profit, non- sectarian, non-partia, and shall take no part in, or lend its influence or facilities, either directly or indirectly, for the nomination, election or appointment of any candidate for the office in the City, County, State or nation, politicians may attend but not speak at Chamber meetings other than to speak on government affairs". He further stated that he assumed Mr. Lambrecht spoke as a business owner only because he is the chairperson of the Chamber board. J. Lambrecht continued Cncl Naranjo Comments Chamber of Commerce E. Heck Comments Pasadena Property A. West Comments Chamber of Commerce Art Morales addressed Council stating that the Chamber of A. Morales Commerce is in the business of protecting business, bringing Comments business to Azusa and keeping business in Azusa. He also 04/17/89 PAGE TWO stated that David James lived in the City of Glendale and wondered whether Mr. James was involved in his City as he is in the City of Azusa, noting that he has filed a lawsuit against the City. He stated that the City doesn't need outsiders telling us how to run our community and using our citizens for their own"goals. He also stated that the City of Glendale has scarred mountains of its own. a Louis Zamora addressed Council to thank Mr. Connor and Mr. Lambrecht for taking some initiative to assert a leadership position in the City, he stated that that is exactly what this City needs, and that this City needs individuals, businesses, community leaders and: everybody involved to take a stand and to express their opinions on issues, he further stated that we all have the freedom of speech and we all have to exercise that right and if we do not exercise that right we will lose it. A. Morales continued L. Zamora Comments Ms. Terri Fitzgerald of the City of Duarte, questioned why T. Fitzerald the Public Hearing regarding Owl Rock was not being held at Comments this meeting as she had received a notice that it was going Owl Rock to be. City Administrator advised that there was an item received City Admin. this afternoon dealing with the reapplication for funding Comments with the Los Angeles Area Agency on Aging for senior Res L.A. Co. services which includes the meal program. This resolution Area Agncy would have to be adopted at this meeting in order for the on Aging program to continue. City Attorney Thorson concurred. 0 City Administrator responded stating that the issue was City Admin postponed because the publishing requirement had not been Response legally met. authorizing Dennis Connor of the Chamber of Commerce addressed Council D. Connor L.A. Co. and read a letter addressed to the Council and City staff Comments of a contract for providing services for elderly stating that the Chamber of Commerce is dedicated to Chamber of persons and authorizing City Administrator to sign strenghening the economic development of the area it Commerce represents and that of existing businesses. The Board of based upon the finding that the need to act upon the Chamber thanked the Council for joining them in assuring this item that free enterprise is protected. The letter also thanked the Council for their support in establishing This a open meetings between the Chamber and Council and for agenda item will be F-18. attending various functions held by the Chamber. They also commended the Council for moving forward to provide a positive environment with the the City staff. He cited various City projects that reflected by positive attitude. He then reminded all residents that on April 24th the Chamber of Commerce will be sponsoring a golf tournament at Azusa Greens Golf Course. The CONSENT CALENDAR consisting of Items 1 through 18 was Cons Cal approved by motion of Councilman Latta, seconded by appvd Item Councilman Stemrich and unanimously carried by roll call F-11,Spec vote, with the exception of item F-11, which was considered Call. Mayor under the special Cali portion of the Agenda. Mayor Moses abstain abstained from Agenda Item F-6, F-6. City Administrator advised that there was an item received City Admin. this afternoon dealing with the reapplication for funding Comments with the Los Angeles Area Agency on Aging for senior Res L.A. Co. services which includes the meal program. This resolution Area Agncy would have to be adopted at this meeting in order for the on Aging program to continue. City Attorney Thorson concurred. 0 Moved by Mayor Moses, seconded by Councilwoman Avila and by roll call to consider Resolution Res to be included unanimously carried authorizing the submittal of a reapplication proposal and L.A. Co. the signing of a contract for providing services for elderly Area Agncy persons and authorizing City Administrator to sign all on Aging documents, based upon the finding that the need to act upon Funds this item arose after the agenda had been posted. This agenda item will be F-18. 1. The Minutes of the regular meeting of April 3, and Min appvd adjourned regular meeting of April 10, 1989, were approved as written. 04/17/89 PAGE THREE 7. Amendment No. 2 to the Project Development Agreement California with the California -Oregon Transmission Project was Oregon approved. The purpose of this amendment is Transmission to increase the maximum cost cap in the project Project development Agreement by $27 million to $30,218,220 and Amend. #2 to add several sections to the project Development Agreement which defines acquisition and construction work. Authorization was given to execute the Agreement. 8. Appointment of two Community Service Officers, Monica Appt M. Blackmore and Ramona Jimenez, effective May 2, 1989, Blackmore & was approved. R. Jimenez 2. Notice of resignation of Mr. Art Lesh, Equipment Resignation Maintenance Supervisor, effective July 31, 1989, was A. Lesh accepted. O'Shea Elect 3. Notice of resignation of Mr. Tim Baker, Park Resignation Maintenance Worker III, effective April 17, 1989, was T. Baker accepted. perm status ' 4. Each year Los Angeles County allocates Aid to Cities Res. #8602 ' Fund for use in maintenance of the select systems of streets. The City has been allocated $51,115.00 for Aid to Cities the current fiscal year. The following resolution was Funds adopted: Spec Call A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Quitting REQUESTING AN ALLOCATION OF COUNTY AID TO CITIES FUNDS Business FOR THE PURPOSE OF THE MAINTENANCE OF THE SELECT SYSTEM Book Cellar OF STREETS WITHIN THE CITY OF AZUSA. 5. Robert M. Torrance has requested to change from service Res. #8603 retirement to disability retirement through the Public R. Torrance Employees' Retirement System under provision of Disability Government Code Section 20180. The following Retirement resolution was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA FINDING AND DETERMINING THAT A CERTAIN CITY EMPLOYEE WAS INCAPACITATED FOR THE PERFORMANCE OF HIS DUTIES AND SHOULD HAVE BEEN RETIRED FOR DISABILITY. 6. Five bids were received in the City Clerk's Office on Bid Water March 23, 1989, for the construction of a water Reservoir reservoir. Contract was awarded to Pascal and Lugwig Pascal and Engineers, second lowest bidder, in the amount of Lugwig $2,113,800, authorization was give for its execution Engineers ' and the City Clerk was directed to return the bidders' guarantees. 7. Amendment No. 2 to the Project Development Agreement California with the California -Oregon Transmission Project was Oregon approved. The purpose of this amendment is Transmission to increase the maximum cost cap in the project Project development Agreement by $27 million to $30,218,220 and Amend. #2 to add several sections to the project Development Agreement which defines acquisition and construction work. Authorization was given to execute the Agreement. 8. Appointment of two Community Service Officers, Monica Appt M. Blackmore and Ramona Jimenez, effective May 2, 1989, Blackmore & was approved. R. Jimenez 04/17/89 PAGE FOUR 9. O'Shea Electric has completed the installation of Notice of parking lot lighting at Slauson Park Notice of Completion Completion was approved and its execution and O'Shea Elect recordation was authorized. 10. Employee step increase and permanent status Emp step inc recommendations were approved for the following: perm status ' NAME STATUS EFFECTIVE P. MacKay Step 4 04/04/89 C. Contreras Step 5 04/19/89 11. SPECIAL CALL ITEM. Spec Call 12. Ratification of a "Quitting Business Sale" for The Book Quitting Cellar, 1161 E. Alosta Ave., was approved with a 30 day Business limit and a 30 day extension upon receipt of a letter Book Cellar requesting same. 04/17/89 PAGE FOUR 13. Approval was granted to extend tree trimming contract Extension of fee & sys with Asplundh Tree Experts for an additional 30 working Agmt days with a contingency of another 30 working days, to Asplundh comparison facilitate completion of clearing trees from the Tree Experts reading and introduce the Ordinance. electrical lines throughout the City. 'Councilman Stemrich offered an Ordinance entitled: 14. Final Parcel Map No. 20116, southwest corner of Final Parcel AMENDING CHAPTER 19 OF THE AZUSA MUNICIPAL CODE RELATING TO Gladstone and Clydebank, was approved and its Map No. existing recordation was authorized. 20116 15. In the mid -year budget report, it was proposed to Multi -Year ' develop a Multi -Year Financial Plan for implementation Financial reading and introduce the Ordinance. in the 1988-89 fiscal year.: Proposals were received Plan Hughes, from three reputable consulting firms. The contract Heiss & was awarded to Hughes, Heiss & Associates, in the Associates amount of $25,140.00, and its execution was authorized. 16. The City Treasurer's Financial Statement showing a Treas.Fin balance.of $12,155,631.64, as of March 31, 1989, was Stmt receiv4d and filed. 17. Three separate resolutions authorizing payment of Res. #'s warrants by the City were adopted and entitled: 8604, 8605 and 8606 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. 18. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8611 AUTHORIZING THE SUBMITTAL OF A REAPPLICATION PROPOSAL Agmt Area AND THE SIGNING OF A CONTRACT FOR PROVIDING SERVICES Agncy on FOR ELDERLY PERSONS AND AUTHORIZING THE CITY Aging ADMINISTRATOR TO SIGN ALL DOCUMENTS. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Cncl recessed CONTINUED AT 8:13 P.M. CRA continued THE CITY COUNCIL RECONVENED AT 8:17 P.M. Reconvened THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL No bus IDA DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Ord./Spec.Res Councilman Naranjo offered an Ordinance entitled:: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st rdg Ord REPLACING CHAPTER 3.08 OF THE AZUSA MUNICIPAL CODE ENTITLED fee & sys "FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM". chrg rev/ cost Moved by Councilman Naranjo, seconded by Councilman Latta comparison and unanimously carried by roll call to waive further system reading and introduce the Ordinance. 'Councilman Stemrich offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, 1st rdg Ord AMENDING CHAPTER 19 OF THE AZUSA MUNICIPAL CODE RELATING TO CUP for CONDITIONAL USE PERMITS FOR EXISTING BARS AND COCKTAIL existing LOUNGES. bars/cocktl lounges Moved by Councilman Stemrich, seconded by Councilman Latta and unanimously carried by roll call to waive further reading and introduce the Ordinance. Councilman Stemrich offered a Resolution entitled: 04/17/89 PAGE FIVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8607 CERTIFYING THE NEGATIVE DECLARATION FOR AN AMENDMENT TO THE crtfying AZUSA MUNICIPAL CODE - CODE AMENDMENT NO. 162 - neg dec CONDITIONING USE PERMITS FOR EXISTING BARS AND COCKTAIL Code Amend LOUNGES. #162 Moved by Councilman Stemrich, seconded by Councilman Latta and unanimously carried by roll call to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Public Hearing was held on this matter on April 3, 1989. Councilwoman Avila offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTION 8.52.136 OF THE AZUSA MUNICIPAL CODE RELATING TO CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC. Moved by Councilwoman Avila, seconded by Councilman Latta to waive further reading and adopt. Ordinance passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, NARANJO, STEMRICH, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilwoman Avila offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DENYING APPLICATIONS FOR A CONDITIONAL USE PERMIT AND VARIANCE SUBMITTED BY TRIAD PARTNERS, INC., FOR PROPERTY LOCATED AT 902 NORTH AZUSA AVENUE (VARIANCE APPLICATION NO. V-88-25 AND CONDITIONAL USE PERMIT APPLICATION NO. C-88-36). Moved by Councilwoman Avila, seconded by Councilman Latta to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AVILA, NARANJO, STEMRICH, LATTA, MOSES NONE NONE Public Hearing was held on this matter on April 3, 1989. Councilman Naranjo offered a Resolution entitled: Ord.#2398 consumption of alcohol in public Res. #8608 denying cup/var Triad Partners, Inc. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, Res. #8609 DENYING THE PUBLIC NUISANCE APPEAL OF ARNOLD GILLIAND AND denying AFFIRMING THE FINDING OF A PUBLIC NUISANCE AND ORDER TO Pub Nuis ABATE THE NUISANCE FOR PROPERTY LOCATED AT 705 EAST FIFTH Appl STREET, AZUSA, CALIFORNIA. (CASE NO. 89-22). Gilliand Moved by Councilman Naranjo, seconded by Councilman Stemrich to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: 04/17/89 PAGE SIX The Mayor declared the Hearing open. The City Clerk read Hrg. open. the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on March 29, 1989, he further stated that although he did not have the proof of posting the properties, he was assured that it had been posted. Councilwoman Avila abstained from this Public Hearing, due Cnclwm Avila to possible conflict of interest because she lives within abstained the affected area. Community Development Director Bruckner stated that this Testimony item was a planning and zoning study that was directed by Bruckner the Council some time in the past. The study area extends along the corridor of San Gabriel Avenue and Azusa Avenue from the freeway north to Sierra Madre. He explained that originally the study was intended to go beyond Sierra Madre to the mouth of the canyon, but since the issues north of Sierra Madre were so different from the area south of Sierra Madre, the study area was split into segments and the area north of Sierra Madre will be discussed at a later time. The main concerns regarding this particular corridor was that it represents the major entrance into the City and there are number of zoning and land use problems that exist in this area. Staff took a land use study and a visual analysis of this corridor and determined that improvement of the visual aesthetics and discouragement of high density apartment development in this corridor was needed; at the same time allow for some amount of rental property development and also encourage high quality development and, finally, to create a more consistent increase in land use patterns. He stated that the study is comprised of two major components, on is a R3 overlay zone and the second is a series of zone changes that are being proposed in this corridor. The R3 overlay zone is basically comprised of more restrictive development standards. Mr. Bruckner displayed a map of the proposed zone changes and explained, in great detail, each proposed zone change and what requirements would have to be met with each change. Mr. Ivan Goodner addressed Council stating that he was in Testimony favor of the Zone Change and General Plan Amendment, but I. Goodner questioned what happen to the R2 properties that cannot meet the requirements of the Rao zone when they are rezoned. Community Development Director Bruckner responded, stating Comments that there are many buildings within the corridor area that Bruckner are non -conforming and by imposing the R3o zone, nothing would change as far as the non -conforming status of that property, the difference is that instead of being non- conforming with the R3c zone, it would be non -conforming with the R3o zone. He further stated that there is an amortization period in effect that the Municipal Code allows for and dependingwo"n the type of construction, that period could be between twenty to twenty-five years and that some buildings will become non -conforming as a result of this R3o zone and there will be an amortization period for those uses and in other cases there are already non -conforming uses and this R30 zone will not change that. 04/17/89 PAGE SEVEN AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE SCHEDULED ITEMS Sched. Items PUBLIC HEARING - on Zone Change and General Plan Amendment Pub Hrg to rezone properties along Azusa and San Gabriel Avenues; Zone Chnge and Code Amendment to amend Title 19 (The Zoning Chapter) of GPA. the Azusa Municipal Code relating to the creation of an R3-0 j zone. The Mayor declared the Hearing open. The City Clerk read Hrg. open. the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on March 29, 1989, he further stated that although he did not have the proof of posting the properties, he was assured that it had been posted. Councilwoman Avila abstained from this Public Hearing, due Cnclwm Avila to possible conflict of interest because she lives within abstained the affected area. Community Development Director Bruckner stated that this Testimony item was a planning and zoning study that was directed by Bruckner the Council some time in the past. The study area extends along the corridor of San Gabriel Avenue and Azusa Avenue from the freeway north to Sierra Madre. He explained that originally the study was intended to go beyond Sierra Madre to the mouth of the canyon, but since the issues north of Sierra Madre were so different from the area south of Sierra Madre, the study area was split into segments and the area north of Sierra Madre will be discussed at a later time. The main concerns regarding this particular corridor was that it represents the major entrance into the City and there are number of zoning and land use problems that exist in this area. Staff took a land use study and a visual analysis of this corridor and determined that improvement of the visual aesthetics and discouragement of high density apartment development in this corridor was needed; at the same time allow for some amount of rental property development and also encourage high quality development and, finally, to create a more consistent increase in land use patterns. He stated that the study is comprised of two major components, on is a R3 overlay zone and the second is a series of zone changes that are being proposed in this corridor. The R3 overlay zone is basically comprised of more restrictive development standards. Mr. Bruckner displayed a map of the proposed zone changes and explained, in great detail, each proposed zone change and what requirements would have to be met with each change. Mr. Ivan Goodner addressed Council stating that he was in Testimony favor of the Zone Change and General Plan Amendment, but I. Goodner questioned what happen to the R2 properties that cannot meet the requirements of the Rao zone when they are rezoned. Community Development Director Bruckner responded, stating Comments that there are many buildings within the corridor area that Bruckner are non -conforming and by imposing the R3o zone, nothing would change as far as the non -conforming status of that property, the difference is that instead of being non- conforming with the R3c zone, it would be non -conforming with the R3o zone. He further stated that there is an amortization period in effect that the Municipal Code allows for and dependingwo"n the type of construction, that period could be between twenty to twenty-five years and that some buildings will become non -conforming as a result of this R3o zone and there will be an amortization period for those uses and in other cases there are already non -conforming uses and this R30 zone will not change that. 04/17/89 PAGE SEVEN n ff Mr. Goodner further stated that one of the problems that has Comments occured with these buildings, is that "when a person tries I. Goodner to obtain a loan, one of the loan company's requirements is that the property be in a properly zoned area, if it isn't, the person can't sell or borrow money on it." Community Development Director Bruckner responded that it becomes a policy of the City Council on how one wants to deal with non -conforming uses, further that the Municipal Code requires that if an area is changed from one zone to another, eventually at some time area uses have to transition to the new zone. The amortization policy was enacted when the zoning ordinance was adopted in approximately 1956, he added that this is a common tool that most cities use to implement its zoning ordinance. City Attorney advised that on non -conforming uses, a requirement of the constitution is that people be afforded a reasonable time to continue to use their property. He further stated that one of the problems with non -conforming uses and the lenders is not just that the code says that they have twenty or twenty-five years to use their property, its when the code says that if the property is destroyed by more than half, it can't be rebuilt, and what the lenders worry about is that is the property burns down, they will lose all the value of it. Comments Bruckner City Attny Comments Mr. Goodner advised that his building is 87 1/2 feet from I. Goodner the R3o zone and has tried before to get the property Comments included. He, again, asked that this be taken into consideration because he does not want to sell his property and he cannot borrow money on it. City Administrator questioned how many parcels would also be included if Mr. Goodners building were to be included in the R3o zone. Community Development Director Bruckner responded that in this particular location, the proposed R3o zone would be extensive, reaching from Second Street all the way up to Sixth Street, and if a few parcels within that area were kept as R3c, it would not be a consistant pattern. He further stated that in the effort to revamp the zoning code ordinance, they are seeking ways that individuals, have an opportunity to request extensions beyond the amortization period through the conditional use permit process, that is not currently in the ordinance, but is being considered. City Admin question Bruckner Response Mr. Fred Kolisick addressed Council stating that he is a F. Kolisick property owner in the City and that his concerns with this Comments proposed zone change is what effect they would have on his property and also what the reason was for these changes. City Administrator responded that the reason for some of City Admin these changes was because most buildings in these affected Comments areas are non -conforming uses and the property owners can't do much with their properties if they are not in the proper zoning. Mr. Kolisick also questioned whether he would have to F. Kolisick conform to these proposed new requirements if the zone Comments changes are enacted and said that he was recently told that he had one year left of his amortization period. Community Development Director responded again, that what Bruckner staff is trying to do with the new zoning code is to allow Comments applicants to request additional time, but at this time, within one year after Mr. Kolisicks amortization period is up, he will have to comply with the new requirements. 04/17/89 PAGE EIGHT City Attorney advised that the Azusa Municipal Code currently has a firm deadline for how long a non -conforming building is permitted, its either twenty or twenty-five years depending on the type of construction and the time that it became non -conforming. He further stated that what the staff has been looking into is a procedure for extending that twenty-five year period, under certain limited circumstances. City Attny Comments Mrs. Bernadine Andrews addressed Council stating that she M. Andrews believes that this proposed zone changes is against the Comments direction of the General Plan. She stated that first, on Alameda, apartments are not wanted, now apartments are wanted on the two main streets in Azusa, which she feels will be unsafe. She also stated that she thinks its unfair to take a zoning away from people who have had their property as long as they have had theirs. Her property is currently zoned commercial and she wished it to remain commercial, further she has always considered her property part of the downtown area and feels that the with the proposed zoning, apartments would be permitted in that area. Mr. Art Morales addressed Council stating that the Andrews A. Morales property has been a valuable asset to the community and Comments should remain commercial. He requested that a sidewalk be installed on the property on Third and Azusa Avenue. He further suggested that staff and Council consider the requests and suggestions that were talked about during the meetings that were held.between the properties owners and 04/17/89 PAGE NINE Mr. Tim Robinson addressed Council with his concern regarding the many rezonings that have taken place in the T. Robinson Comments City recently, and stated that he knew that the various problems are in the process of:being resolved but just wanted to remind Council to look at how the problems relate to the entire City. Mr. Mark Eads addressed Council stating that there is M. Eads something called highest and best use which banks use when Comments determining"" pi`rberty loans. The highest and best use of a single family home on a R3 lot is to tear the home down, and encourage development . Bill Simpson addressed Council stating that this particular B. Simpson zone change does not affect him, however he wished to state Comments his oposition regarding amortization. He stated that he acquired property to have something for the future to support himself and family, and found that he cannot refinance on this property and, therefore had to use his own home and other properties that he has to get enough money to maintain this property. He stated that he had spoken to a gentleman from the City of Seaside and asked how they handled amortization, and was told that they do not use it because the City works well without disturbing those properties that were legally built. Mr. Simpson discussed various ideas that he proposed for this zone change. Mrs. Jennie Avila addressed Council and requesting that the J. Avila area in the northwest corner of Twelfth Street and Azusa Comments Avenue, which is now zoned Rlc, be brought up to conformity with the rest of the block in that area, to Rlb, so that there will be no spot zoning in that area. Further, she asked that Council reconsider rezoning properties in the area of Azusa Avenue north of Twelfth Street, that are currently zoned Rlc, to Rlb, to also bring them in conformity with the rest of the lots. Mr. Arthur Andrews addressed Council stating that he owns A. Andrews property on the southeast corner of 5th and San Gabriel and Comments believes that the commercial property is being down zoned. He further stated that he is against the Rao zone in that area and wishes to keep it commercial. Mrs. Bernadine Andrews addressed Council stating that she M. Andrews believes that this proposed zone changes is against the Comments direction of the General Plan. She stated that first, on Alameda, apartments are not wanted, now apartments are wanted on the two main streets in Azusa, which she feels will be unsafe. She also stated that she thinks its unfair to take a zoning away from people who have had their property as long as they have had theirs. Her property is currently zoned commercial and she wished it to remain commercial, further she has always considered her property part of the downtown area and feels that the with the proposed zoning, apartments would be permitted in that area. Mr. Art Morales addressed Council stating that the Andrews A. Morales property has been a valuable asset to the community and Comments should remain commercial. He requested that a sidewalk be installed on the property on Third and Azusa Avenue. He further suggested that staff and Council consider the requests and suggestions that were talked about during the meetings that were held.between the properties owners and 04/17/89 PAGE NINE and City, regarding the 500 block of San Gabriel. He also A. Morales expressed his views regarding the proposed rezoning of the continued property on North San Gabriel, west side, right below Sierra Madre, which he feels should be R3o. He further stated that sooner or later in the State of California there will be some kind of housing mandate, and he feels that the City does not need the County telling them to build more apartments. Mr. Bill Simpson addressed Council offering some suggestions B. Simpson regarding some of the zone changes, he emphatically stated Comments that his suggestion regarding amortization is to do away with it entirely. Moved by Councilman Latta, seconded by Mayor Moses and Pub Hrg carried by roll call that the Public Hearing be continued to Continued the meeting of May 15, 1989, so that the Council could study 5/15/89 the proposed zone changes further. Councilwoman Avila Mtg abstaining. PUBLIC NUISANCE APPEAL - of Anton & Sue Chiapuzio, property Pub. Nuis. owners and Deanna Risen, DBA: "Callahan's", tenant, for the Appl property located at 200 S. Irwindale Avenue, Case No. 89-6. 200 S. The property was declared a public nuisance on March 9, Irwindale 1989, due to the owners and tenants failure to comply with property improvements required under Conditional Use Permit C-455. The Mayor declared the informal hearing open. Hrg opened City Clerk administered the oath to Community Development Oath to Director Bruckner prior to his giving testimony on this Comm Dev matter. Dir ' Community Development Director Bruckner stated that this Bruckner public nuisance is due to the fact that the property owners Comments have not complied with the conditions of approval of Conditional Use Permit C-455. He further stated that the items pertain to landscaping, painting of the building and general clean-up of the property. Since then, the applicant has painted the building and the Planning Commission has set a Public Hearing date for revocation of the conditional use permit. Mr. Bruckner recommended that this public nuisance be continued until the Planning Commission has conducted its hearing regarding the revocation hearing proceedings. Mr. and Mrs. Risen, tenants of the property, addressed Mr. & Mrs. Council stating that since they received the notice of Risen abatement, they have painted and cleaned up the property and tenants are currently waiting for the owner of the property to Comments finish the clean-up. They requested an 60 day extension to comply with the conditions of approval that have not been met. Community Development Bruckner advised that Mr. and Mrs. Bruckner Risen direct their request to the Planning Commission, since Comments they will be conducting a Public Hearing in the near future. Moved by Mayor Moses, seconded by Councilwoman Avila and Hold Pub unanimously carried by roll call to hold over this Public Nuis Appl Nuisance Appeal Hearing and refer it to the Planning refer to Commission. Ping Comm Moved by Councilman Latta, seconded by Mayor Moses and Waiver of unanimously carried by roll call that request of waiver of deadline Municipal Code requirement, regarding March 31, 1989, Fireworks deadline for Fireworks permit applications for Azusa Permit University Athletic Soccer and Track teams and Kiwanis Club APU/Kiwanis of Azusa, be approved. 04/17/89 PAGE TEN n Councilman Stemrich suggested that Proclamation request for Correct Posture Month, be presented to a Chiropractor from Azusa. It was then moved by Councilman Latta, seconded by Councilman Stemrich and unanimously carried by roll call that Proclamations be prepared for the following: Honoring F. Al Totter, Freedom Chapter, Lincoln Club, Man of the Year. National Public Works Week, May 21-27, 1989. American Home Week, April 30 through May 6, 1989. Foster Care Month, May, 1989. Correct Posture Month, May, 1989. SPECIAL CALL ITEMS Proclos appvd Special Call Mr. Art Morales addressed the item of the Notice of Notice of Completion for Homer L. Dunn Decorating, Inc., the facade Completion rehabilitation Services on several commercial/retail Homer Dunn structures with the City's downtown. He was concerned that Decorating everyone was satisfied with the completion of this project. It was then moved by Councilman Latta, seconded by Councilman Stemrich and unanimously carried by to approve the Notice of Completion of Homer Dunn Decorating, inc., and authorize its execution and recordation. OTHER BUSINESS/CITY COUNCIL oth Bus/Cncl Mayor Moses stated that sometimes, requests for Proclos proclamations, come to him and the decision has to be procedures made whether to send a proclamation within a certain time frame. He requested that Council work together to solve this problem. Councilwoman Avila suggested that maybe a telephone poll be taken. City Attorney advised that this was not legal. Councilwoman Avila further stated that it is the responsibility of the person requesting the proclamation to see that the request give the Council ample time to consider and review regarding these proclamation requests. Art Morales addressed the item regarding Azusa Landfill. He Azusa Land - stated that if the City of Walnut and the City of Duarte fill become a transfer point for the Landfill, the City would be able to collect a surcharge on this. Councilman Latta offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA TO Res. #8610 RECESS TO CLOSED SESSION ON APRIL 17, 1989, PURSUANT TO THE Closed Sess PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) AND (b)- Moved b). Moved by Councilman Latta, seconded by Councilman Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 04/17/89 AVILA, STEMRICH, NAJANJO, LATTA MOSES NONE NONE PAGE ELEVEN TIME OF RECESS TO CLOSED SESSION: 10:07 P.M. THE CITY COUNCIL RECONVENED AT 10:35 P.M. Moved by Councilman Narnajo, seconded by Mayor unanimously carried by roll call to adjourn Tuesday, April 25, 1989, at 7:30 P.M., Intermediate School Auditorium, to conduct a Meeting. ��V7��3ai,•lF1rL�l�i;�y)aEip��dicTi ]�Ll1 NEXT RESOLUTION NO. 8612 NEXT ORDINANCE NO. 2399 04/17/89 PAGE TWELVE Moses and meeting to at Foothill Town Hall Recess to Closed Sess Reconvened Adjourn to 4/25 Foot- hill Sch Townhall Mtg.