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HomeMy WebLinkAboutMinutes - May 22, 1989 - CC (2)CITY OF AZUSA MINUTES OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY ' ADJOURNED REGULAR MEETING MAY 22, 1989 - 7:30 P.M. The City Council and the Redevelopment Agency of the City of Azusa met in adjourned regular session at the above date and time in the Library Auditorium. Mayor/Chairman Moses called the meeting to order. Call to order ROLL CALL Roll Call PRESENT: COUNCILMEMBERS/DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES ABSENT COUNCILMEMBERS/DIRECTORS: NONE ALSO PRESENT Also Present Acting City Attorney/General Counsel Woods, City Administrator/Executive Director Fuentes, Director of Community Development Bruckner, Director of Public Works DeLoach, Redevelopment Director Steel, Police Captain ,Nelson, Senior Planner Watrous, Deputy City Clerk/Secretary Lara. CITY COUNCIL ITEM CONTINUED PUBLIC HEARING - on proposed zone change Case Cont Pub Hrg Z-88-6, general plan amendment 88-5 and Code Amendment No. Z-88-6, GPA 163, to rezone properties along Azusa and San Gabriel 88-5, Code Avenues and the creation of an R3-0 zone. Amend. 163 The Mayor declared the Hearing reopened. As a matter of Hrg opened reference, a notice of this continued hearing was published in the San Gabriel Valley Tribune on May 19th and the properties in question were posted on May 17th, 1989. Due to a possible conflict of interest, Councilwoman Avila left the Council table and abstained during the proceedings. Director of Community Development Bruckner addressed this item and advised the Council and audience of the proposed zones that had been recommended for the area and also presented illustrations for viewing. He advised that the study examined land use patterns along the Azusa and San Gabriel Avenue corridor. A parcel -by -parcel survey was ,completed, with the results compared against existing zoning patterns. The original study area included property north of Sierra Madre Avenue, but this area had been removed so that a separate study could be conducted there. He further advised that at the suggestion of the Council, a new R3 zone had been created which had additional restrictions beyond those currently found in the Ric zone. This new zone would be placed as an overlay on top of small R3c lots, and would restrict development to a maximum of three dwelling units per parcel. In addition, this new R3-0 zone would include requirements for increased building setbacks, useable open space and interior landscaping. Avila to abstain Testimony Bruckner Members of the audience interjected comments and questions Audience to the Council and Mr. Bruckner. comments Mr. Ivan Goodner then formally addressed the Council stating Comments that amortization of existing multi -family units would be a I. Goodner definite hardship. No lending institution will grant loans on property that has been amortized and no one will purchase property that has been down zoned. Mrs. Lee Ann Mickey then addressed the Council and provided i two communications for their perusal. As a matter of record, Deputy City Clerk Lara read the communications into the record which were from the Azusa Hardware and the Colonial Motel. Both property owners expressed their dissatisfaction of the proposed zone changes and requested that Council not approve same. General discussion was held regarding the areas proposed for re -zoning and that many areas would not be changed at all. Many misconceptions were perceived by the residents and Council and City Administrator as well as Community Development Director explained in detail which sections/areas were to be re -zoned. Letters read from Colonial Motel & Azusa Hard- ware General discussion Mr. Jerry Pellizzon, owner of property at 535 N. San Comments Gabriel, addressed Council and advised that the R3-0 overlay J. Pellizzon zone was not the answer, that it was devaluating the property in that area. Mr. John Tyck addressed the Council and presented them with a modified notice of the public hearing that was published with regard to this hearing. He had amended it to advise property owners that their multi -family units would become non -conforming and subject to amortization. He stated that other cities did not use amortization. He understood that 'the Council did not want any more apartments, however, to down -zone those apartments that were legally built was not the answer. He asked if that was the Councils intention, and would they respond. He was advised that Council would receive all input and respond at the end of the hearing. He then requested the City Attorney to interpret the Section of the Municipal Code which dealt with amortization. Community Development Director Bruckner then explained the process with regard to amortization. He advised that amortization was a common tool used by planners throughout the state. It was a phasing out of land uses that do not conform to the zoning. That phasing out is based upon what the normal life expectancy or return that a property owner would receive from that property. Mayor Moses then advised that he had property in close proximity to this proposed zone change and requested advice from the City Attorney whether or not he should abstain from the proceedings. In order to properly assess the matter, and the fact that the Library Auditorium was not large enough to house all in attendance, it was moved by Councilman Naranjo, seconded by Mayor Moses and carried to recess for ten minutes and ove the meeting to the Civic Auditorium. Councilwoman vila abstaining. TIME OF RECESS: 8:25 P.M. THE CITY COUNCIL/REDEVELOPMENT AGENCY RECONVENED AT 8:40 P.M. IN THE CIVIC AUDITORIUM. 05/22/89 PAGE TWO Comments J. Tyck Comments Bruckner Moses req. advice frm Cty Att re: conflict of interest Recess & reconvene at Civic Aud. Reconvened The Mayor advised that he and Councilman Stemrich would be Moses & abstaining from the proceedings and requested that Mayor Stemrich to Pro -tempore Latta chair the item. abstain Mayor Pro -tempore Latta advised the audience of the problem at hand. He stated that Councilwoman Avila was abstaining because her home was on Azusa Avenue, and therefore, to vote on this issue would be a conflict of interest, because it could affect her property, either positively or negatively. The Mayor has determined, after discussing the matter with the City Attorney, that his property is within that legal boundary (2500 feet), and could also be affected. Councilman Stemrich's residence is 4 blocks away from the proposed zone change and could also be affected. Therefore, this has created a problem, because there is no quorum now to hear the matter. However, City business has to be taken care of, and that there was a process to rehabilitate one of the Councilmembers, such as drawing straws, and having one member return to the table and take part in the proceedings. City Attorney then stated that State Law doesn't require that City Councils completely grind to a halt because a majority have declared a conflict of interest. The idea of rehabilitation means that one of the three members who had disqualified themselves will be selected by a completely random process; so that there is no control over which one will be able to participate in the decision. When that member is selected, he/she will advise the nature of the conflict and then that member can participate in the decision making process to the extent necessary for the Council to reach a decision. He advised that this could be done by drawing straws, cutting a deck of cards, or different sizes of pieces of paper would also do. He then advised that he would take three pieces of paper and mark one "in" and the other two would be marked "out". The three pieces of paper were given to the Deputy City Clerk, placed in a hat, shaken up, and each Councilmember was instructed to draw one piece of paper to be opened after all members had taken their turn. Councilwoman Avila advised that she was definitely in the middle of this zone change, as her property was located on Azusa Avenue; that the other two members had property in close proximity. She stated that she did not wish to draw. City Attorney advised her that she should draw a piece of paper and if she had selected the one marked "in", then she could decline to be rehabilitated and the remaining two members would have to draw again. After the drawing, Councilman Stemrich had received the paper marked "in", returned to the Council table, and advised the conflict of interest was his residence, located at 1026 N. Enid, which is approximately four blocks from the proposed zone change. Mayor Pro -tem Latta then advised the public that the matter at hand tonight, was originally referred to the Planning Commission from the City Council. The Planning Commission held public hearings and their recommendations as well as those of staff were presented tonight at this public hearing. He further stated that the Council had not made any decisions relative to this matter. The purpose of this hearing was to receive input from the community and after all discussions have been heard, then the Council will deliberate the matter. He went on to state that in view of he fact that there were a large number of people who wished to address this item, that each person would be limited to a five minute period. He then asked for those in favor of the proposed zone change to come forward and address the Council. 05/22/89 PAGE THREE Latta to chair item & explained problem of no quorum Cty Atty advised of procedure to follow for quorum Councilman Stemrich rehabilita- ted & retnd to Cncl table Comments Latta Mr. Art Morales stated that there were some apartment units Comments on 5th Street that were in good repair and should be left A. Morales there. He felt that the R3-0 zone in the area of Sierra Madre and San Gabriel was good, as apartments were not needed there. He also stated that there were two bungalows located at 9th and 10th Street and they should be allowed to stay there. Mr. Paul Lucas advised that he was in favor of this zone Comments change as he owns property on San Gabriel Avenue which is P. Lucas zoned C2 and he was in favor of the R3 -c zone. Mayor Pro -tem Latta then asked those opposed to the zone change to address the matter. Mr. Ed Connelly advised that he owned apartments at 414 N. Comments San Gabriel. He bought them as an investment for E. Connelly retirement. The proposed zone change and amortization would destroy that for him. He did not understand the time periods involved in amortization. Director of Community Development Bruckner advised that Comments assuming the property owner had a conforming use today, and Bruckner the property became non -conforming as of tomorrow, then the amortization period would be in effect on that property as of tomorrow. He then responded to questions from Council regarding the length of time for amortization, which would be dependent upon the structure, but in all probability it would be 30 years. Further, that if the structure were to burn, and 150% of the assessed valuation had been destroyed, then they could not rebuild as they were, but would have to conform to the new zone change. General discussion from the audience as to whether or not General some property owners were already non -conforming. They were discussion advised to contact the Community Development Department for General discussion was held regarding non -conforming uses this information. and the proposed overlay zone, and the possibility that some discussion Mr. John Tyck advised that he had asked the Planning Comments Department when some properties became legally non- J. Tyck conforming and they had not given him a correct answer. E. Hamel City Administrator advised that there were certain elements Comments that had to be studied and each property would have to be Fuentes reviewed separately to make that determination. Comments Mrs. Mary Ruelas advised the Council that she owned Comments apartments in the 300 block San Gabriel and wondered what M. Ruelas would happen if the property became amortized and the time period were over, then what would happen to the property. General discussion was held regarding non -conforming uses General and the proposed overlay zone, and the possibility that some discussion apartments were on two lots, and that each parcel would have to be reviewed for conforming or non -conforming status. Mr. Ernest Hamel addressed the Council stating that he owned Comments property at 935-937 Azusa Avenue. He requested that the E. Hamel zone remain R3c in that area, and not be changed to R3-0. He advised that four years ago that same area was changed trom C2 to R3c. r. Ed Siedner addressed Council and advised that he has Comments built many projects on San Gabriel and Azusa Avenues. That E. Seidner he had sold these properties to people to invest for their retirement. If the zone was changed, there was not a lender in the valley that would lend on non -conforming properties and these individuals would lose their investment. No one will purchase these properties because of the amortization. He felt that zones should be changed where there is no development. 05/22/89 PAGE FOUR Mrs. Frances Martinez advised that she had two rental Comments properties on 1st and San Gabriel. She wondered how this F. Martinez proposed new zoning would affect her properties. She was advised that at present she was non -conforming, that if the zone were changed she would be conforming. Mr. Sam Miller addressed the Council in opposition to the overlay zone. He advised that he was in the process of negotiating with the Redevelopment Agency and wondered if this would affect him. He was advised that the property he 'owns, in the 700 block San Gabriel would be re -zoned to C2 which would make his property conforming, and that it would not affect his negotiations with the Agency. Mrs. Bernardine Andrews advised the Council that her business property between Azusa/San Gabriel and 5th had been there for many years. Her property became non -conforming without her knowledge. She wanted to develop her property but could not do so, if the zoning was changed. She felt the zoning at that area should be commercial, not residential. Comments S. Miller Comments B. Andrews Mr. Arthur Andrews advised the Council that this proposed Comments zone change for his property was poor planning. He felt A. Andrews that a State Highway should not be residential. Mr. Stephen Alexander addressed the Council, advising that he was an attorney, speaking on behalf of his client, Mayor Eugene Moses. He stated that an attempt had been made to rezone the Mayor's property at the Ghost Town, and because of that, the proposed sale of the Ghost Town fell through. He felt that the Council should not have spot zoning and not have amortization or condemnation. City Administrator advised that the area above Sierra Madre Fas not included in this proposed zone change and wanted to ake that clear. Mrs. Mary Ruddell advised that she wanted the zone on her property kept the same as it is. Her property was next to the Woman's Club. She read a letter which stated that the proposed new zoning would destroy existing structures and wondered if the Council considered any of the ramifications of such action. She then presented the letter to the Deputy City Clerk for file. Comments S. Alexander Comments Fuentes Comments M. Ruddell Ms. Stacey Courtney addressed this issue stating that she Comments did not think it was fair to take away this zoning from the S. Courtney people who worked so hard towards their retirement. She wanted to see more single family homes in Azusa and not so many apartments. Mr. Kenneth Bland stated that he has property in Azusa and he is interested in building in Azusa. He also stated that no lender will loan on a four unit apartment that is non- conforming. No one will purchase these units either, so he suggested that the City buy out these property owners and then change the zone. Mr. Bill Simpson stated that he was against amortization and tished it would be done away with. He felt that buildings hat were properly built should be grandfathered in. He hen questioned members of the audience regarding their property. He also realized we need single family homes, however, there isn't enough land in Azusa to do so. He felt that the City should stand behind the residents and not down grade the zoning and jeopardize property owners' investments. 05/22/89 PAGE FIVE Comments K. Bland Comments B. Simpson Mr. Art Morales stated that he did not think it was right Comments that a portion of the Andrews' property would be rezoned. A. Morales He also stated that some apartment buildings should never have been allowed to be built. Mr. Ivan Goodner stated that his apartment building is Comments presently non -conforming and he did not know exactly when I. Goodner that had happened or why. He questioned Chapter 19.64 of the Municipal Code and how it related to the R3-0 zone. Director of Community Development responded to his concerns. 'Mr. Stephen Alexander addressed Council stating that it was Comments his understanding that the Planning Commission approved a S. Alexander zone change for property just north of the Mayor's Ghost Town from C2 to R3-0, but other properties near that parcel were not rezoned. Community Development Director advised him that the property owner requested rezoning for that parcel. City Administrator again advised that the property north of Sierra Madre was not included in this proposed zone change. Mr. Alexander then stated that the point he was trying to make, was that the rezoning of that parcel near the Mayor's Ghost Town made the Ghost Town un -useable, and violated the General Plan. Mayor Pro -tem Latta advised him that this matter was not relevant to the public hearing that was being held tonight. Mr. Ted Garcia addressed this issue stating that most of the Comments speakers addressing the Council tonight did not live in T. Garcia Azusa. The residents here have to put up with the apartments and high density, and he would like to see more single family homes. Lee Ann Mickey addressed the Council and stated that she did Comments not receive a notice of this public hearing and that none of L. Mickey the property owners had either, and it was her understanding 'that at least 1000 property owners were involved in this zone change. She was advised that notices had been sent, however, when the hearing was continued, owners were not renotified. John Tyck addressed the Council and asked if the Council Comments would answer his question about how they feel about amorti- J. Tyck zation. He felt that amortization was wrong, other cities did not use it, and that amortization created hardships on property owners. Acting City Attorney Woods advised Mr. Tyck that the Municipal Code addresses amortization and that it has been in the Code for 40 years. He stated that it is a planning tool used in many cities. He further advised that the Courts have upheld reasonable amortization periods. There being no further testimony, it was moved by Councilman Hrg closed Stemrich, seconded by Councilman Naranjo and carried by roll call to close the Hearing. Mayor Moses and Councilwoman Avila abstaining. It was consensus of Council to recess for five minutes. Consensus to recess OF RECESS: 10:10 P.M. ,TIME THE CITY COUNCIL/REDEVELOPMENT AGENCY RECONVENED AT 10:15 Reconvened P.M. Mayor Pro -tem Latta apprised the audience that he had been Comments advised by the City Attorney that due to comments made Latta re: tonight about possible litigation, it would be necessary for need for the Council to hold a Closed Session to confer with legal Closed counsel before making any comments regarding the proposed Session zone change. 05/22/89 PAGE SIX Acting City Attorney Woods then stated that he was Comments requesting a Closed Session on the basis of potential Cty Atty significant exposure to litigation by some of the comments re: Closed made tonight. The Council will discuss litigation matters Session only, and will not discuss the merits of the proposal or what property should or should not be rezoned. The Closed Session is to give Council advice of the legal options available to them. Further, that Mayor Moses and Councilwoman Avila need not attend the Closed Session. Mr. Tyck interjected more comments regarding amortization Comments and that other cities did not use this method and further J. Tyck statements regarding the proposed zone change. Moved by Councilman Naranjo, seconded by Councilman Stemrich Recess to and carried by roll call to recess to Closed Session. Mayor Closed Sess Moses and Councilwoman Avila abstaining. TIME OF RECESS TO CLOSED SESSION: 10:19 P.M. CITY COUNCIL/REDEVELOPMENT AGENCY RECONVENED AT 10:35 P.M. Reconvened After discussion, it was moved by Councilman Stemrich, seconded by Councilman Naranjo and carried by roll call to refer certain portions of the recommended zone change back to the Planning Commission for consideration of the following: That the property at 5th and San Gabriel remain zoned as commercial; the existing apartment units along San Gabriel and Azusa Avenue, which are included in the survey, be ' grandfathered in; that the remainder of the property in the survey remain as recommended by the Planning Commission. Mayor Moses and Councilwoman Avila abstaining. Mayor Moses and Councilwoman Avila returned to the Council Moses & Avila table at this time. returned Mayor/Chairman Moses chaired the rest of the meeting. Mayor chaired rest of mtg Moved by Director Latta, seconded by Director Stemrich and Rainbow propt unanimously carried by roll call to continue Redevelopment repairs cont Agency item regarding increased costs for interior repairs to nxt mtg of units at the Rainbow Angling Club, to the next meeting. As part of the proposed Ranch Center Redevelopment Project Ranch Cntr Area, and in accordance with the Health and Safety Code, the Red Project City Council and Agency must adopt separate resolutions Area establishing the time, date and place to hold a public hearing. The Public Hearing has been set for July 3rd. Councilman Latta offered a resolution entitled: A RESOLUTION OF THE CITY OF AZUSA CONSENTING TO A JOINT Res. #8629 ,PUBLIC HEARING WITH RESPECT TO THE REDEVELOPMENT PLAN FOR notice of THE RANCH CENTER REDEVELOPMENT PROJECT AREA AND THE NEGATIVE Pub Hrg DECLARATION PREPARED IN CONNECTION THEREWITH. Ranch Cntr 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: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 05/22/89 PAGE SEVEN Director Latta offered a resolution entitled: A RESOLUTION OF THE AZUSA REDEVELOPMENT AGENCY CONSENTING Res. #576 TO A JOINT PUBLIC HEARING WITH RESPECT TO THE REDEVELOPMENT notice of PLAN FOR THE RANCH CENTER REDEVELOPMENT PROJECT AREA AND THE Pub hrg NEGATIVE DECLARATION PREPARED IN CONNECTION THEREWITH. Ranch Cntr Moved by Director Latta, seconded by Director Avila to waive further reading and adopt. Resolution passed and adopted by 'the following vote of the Agency: AYES: DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Moved by Councilman/Director Latta, seconded by Adjourn Councilwoman/Director Avila and unanimously carried to adjourn. TIME OF ADJOURNMENT: 10:48 P.M. DEPUTY CITY E SECRETARY NEXT RESOLUTION NO. 8630 NEXT ORDINANCE NO. 2401 05/22/89 PAGE EIGHT