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HomeMy WebLinkAboutMinutes - June 19, 1989 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING JUNE 19p 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 Salute to the Flag. INVOCATION was given by Director of Finance Geoffrey Craig. ROLL CALL PRESENT: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT City Attorney Thorson, City Administrator Fuentes, Assistant City Administrator Diaz, Chief of Police Wood, Director of fAinance Craig, Director of Community Development Bruckner, tilities Director Hsu, Director of Public Works DeLoach, irector of Community Services Guarrera, City Librarian laniz, Redevelopment Director Steel, Redevelopment Project Manager Lyman, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Lara. CEREMONIAL The entire Council presented a Resolution to Mr. Art Lesh, commending him for his years of service with the City. PUBLIC PARTICIPATION Call to order Invocation Roll Call Also Present Ceremonial Reso to Art Lesh Pub.Prtc. Ms. Ginny Florez was not in attendance at the meeting and it G. Florez not was consensus of Counil to refer the matter of her securing at mtg-prob low income housing to staff. rfrd to staff Mr. Louis Zamora addressed Council and wanted to thank them L. Zamora and especially Councilman Latta for taking a stand on drugs congrats on and gang violence. He felt that the proposed task force was stand re: a positive step in the right direction of ridding Azusa of drugs ,crime and drugs. Councilwoman Avila advised that she had been informed that Comments the Saint Frances of Rome school children had recently Avila re: competed in the preparation of a video and had been awarded St. Frances second place. She felt that they should be recognized for schl video their achievement. Ms. Darlyne Garofalo addressed the Council regarding her D. Garofalo building at 623 Azusa Avenue, which is 100 years old and has complaints been recognized by the City as a historical landmark. She re: seismic wrk on her bldg stated that she has upgraded the building and spent between $40,000 and $50,000 doing so. She is in the process of having her building declared a national historical monument. She further advised that she has been working with staff members to restore the building and bring it up to seismic standards. However, instead of assistance from staff she was advised that she would be given a loan for the seismic work and that when she sold the building it would have to be repaid. Now, staff has changed the pay back time and was told that the loan of approximately $60,000 would have to be repaid within five years. She requested that Council review these changes. Mr. Sam DeMenjian addressed Council and advised that Ms. Garofalo's building at one time housed the Oddfellows Club, and that was in 1894. At present, there is a resurgence of interest in the Oddfellows Club, and one is being started in Azusa. He felt that Ms. Garofalo's building was a historic landmark and that the City should assist her in any way possible. S. DeMenjian comments re: Garofalo bldg The Mayor asked the attorney if this matter could be Comments discussed in Closed Session and was advised that if it dealt Mayor & with the acquisition of the property, it could be. City Cty Atty Administrator stated that it did not deal with property acquisition, but with grant funds for facade renovation and financing for seismic reinforcement. Councilwoman Avila requested that discussion be deferred on Comments this item as it was scheduled under the Redevelopment Agency Avila portion of the Agenda. The CONSENT CALENDAR consisting of Items 1 through 19 was Cons Cal approved by motion of Councilman Latta, seconded by appvd, G-11 'Councilman Stemrich, and unanimously carried by roll call removed frm vote, with the exception of Item G-11, which was removed Agenda; G-12 from the Agenda, and Item G-12, which was considered under Spec Call the Special Call portion of the Agenda. 1. The Minutes of the regular meeting of June 5, 1989 Min appvd were approved as written. 2. The resignation of Reserve Police Officer Norman Resign N. Rosner, effective May 18, 1989, was accepted. Rosner 3. The reclassification of Alfred Muhlethaler to former Reclass A. position of Water Utility Worker I, effective June 1, Muhlethaler 1989, was approved. 4. The contract for Project 714-88, modification of traffic signals and medians at the intersections of Azusa Avenue and Gladstone Street and at Paramount Avenue, was awarded to Paxin Electric, low bidder, in the amount of $92,464.00, and its execution authorized. The City Clerk was directed to return unsuccessful bidders' guarantees. Six bids were received and opened in the City Clerk's Office on May 8, 1989. ' 5. Employee step increase and permanent status recommendations were approved for the following: NAME STATUS EFFECTIVE C. Grogan Step 4 05/03/89 D. Mata Step 4 05/05/89 T. Smith PermStat 05/03/89 D. Kjar PermStat 06/20/89 06/19/89 PAGE TWO Bid award Proj 714-88 Paxin Elec. Step inc./ perm status 6. Renewal of the City's Excess Workers' Compensation Excess Wrkrs coverage for Fiscal Year 1989-90, was awarded to Cal- Comp Surance at the annual premium of $14,266.00. Two quotes were received and reviewed by staff. 7. Azusa Agricultural Water Company deeded two deep wells to the City in 1973, which have been used solely for the City's water utility. During a recent audit, it was ascertained that Azusa Ag has been paying the City for maintenance of these wells and providing insurance on the property. These expenses are paid from revenues Azusa Ag receives from the sale of water to the City. Policy changes were adopted by the Board which consist of the City taking over the costs for the wells and Azusa Ag reducing water rates to reflect actual costs charged by the Watermaster. This eliminates the unfair burden of the City's utility paying for Azusa Ag's aggregated operating expenses. Approval was given for the City's Water Utility to assume Azusa Ag's property insurance premium as of fiscal year 1988-89, and to terminate the monthly maintenance charge of $400.00, effective May, 1989. Utilities to assume costs for wells frm Azusa Ag 8 Agreements for the lease of water rights for fiscal Lease of Wtr year 1988-89, from San Gabriel Country Club and Owl Rights frm Rock Products, were approved and their execution San Gab Cntry authorized. The negotiated price of $137.70 per acre- Club & Owl foot is 10% below the current rate the Watermaster has Rock established. 9. In conjunction with the development of the Ranch Elec Svcs fr Center, all electrical services will soon be bus near Ranc transferred over to the City from Southern California Cntr to be Edison. There is one customer adjacent to the Ranch acquired frm ' Center, which logically should be acquired at the same Edison time, as it would be the only Edison customer remaining; and less severance cost would be incurred by the City if the acquisition takes place simultaneously. The following resolution was adopted, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8634 AUTHORIZING STAFF TO INITIATE THE ACQUISITION PROCESS acqui process FOR CERTAIN ELECTRICAL DISTRIBUTION FACILITIES FROM fret Edison SOUTHERN CALIFORNIA EDISON. 10. A public sanitary sewer main exists on the parcel of land, located at the southeast corner of Alosta and Citrus, which is being redeveloped by West Land Reserves, Inc. New development requires relocation of a portion of this sewer main. The following resolution was adopted, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING A CERTAIN GRANT OF EASEMENT AND DIRECTING THE RECORDING THEREOF. 11. REMOVED FROM THE AGENDA. 112* SPECIAL CALL ITEM. 13. Project No. 695, Foothill/Alosta median improvement was approved and authorization given for the Mayor to execute the Notice of Completion. The City Clerk was directed to have same recorded. The final payment to the contractor was approved pending receipt of expenses incurred by the City for correction of certain unsafe situations. 06/19/89 PAGE THREE Relocation of sanitary sewer Res. #8635 accptng grant of easement Removed Spec Call Notice of Comp-Proj 695 14. The General Services Agreement with the County of Los Angeles was approved and its execution authorized. Under the terms of the agreement, agencies may request a variety of County services, such as local ordinance prosecution, direct assessment collection, as well as others. Payment is made only on actual services performed for the City. 15. For several years the City has submitted fingerprint cards to the California Department of Justice to _determine an applicant's criminal history. The Department of Justice requires a resolution from the City in order to continue this necessary process. The following resolution was adopted, entitled: General Svcs Agmt w/LA County Fingrprintng apps & access frm DOJ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8636 AUTHORIZING THE CITY TO ACCESS STATE AND LOCAL CRIMINAL auth access HISTORY INFORMATION FOR EMPLOYMENT, LICENSING, OR frm DOJ CERTIFICATION PURPOSES. 16. Amendment No. 4 to the Community Development Block Amend #4 to Grant (CDBG) contract amending the "Time of CDBG Performance" by extending the completion date to June 30, 1990, was approved and its execution authorized. 17. The resignation of Richard Garringer, Street Maintenance Worker II, effective June 24, 1989, was accepted. 18. The City and the County of Los Angeles are presently undertaking a cooperative project to improve Arrow Highway at Vernon Avenue. A portion of the project involves the widening of a section of Arrow east of Vernon. AMC Clinical Laboratory, owner of the land needed, has agreed to dedicate the right-of-way in exchange for the cost of street improvements. The following resolution was adopted, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING A CERTAIN GRANT DEED AND DIRECTING THE RECORDING THEREOF. 19. Two separate resolutions authorizing payment of warrants by the City were adopted and entitled: 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. THE CITY COUNCIL CONVENED AS THE REDEVELOPMENT AGENCY AT 7:54 P.M. THE CITY COUNCIL RECONVENED AT 8:30 P.M. Resign R. Garringer Arrow at Vernon st impvmnts Res. #8637 accptng grant deed Res. #s 8638 & 8639 Warrants Cncl recessed 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 a resolution entitled: 06/19/89 PAGE FOUR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8640 DENYING THE PUBLIC NUISANCE APPEAL OF THOMAS A. AND SUZANNE denying pub L. LINDLEY AND DENNIS HALL AND APPROVING AN ORDER FOR nuis appl ABATEMENT OF A PUBLIC NUISANCE FOR PROPERTY LOCATED AT 750 Lindley/Hall WEST FOOTHILL BOULEVARD PURSUANT TO CHAPTERS 15.08 AND 15.10 OF THE AZUSA MUNICIPAL CODE (CASE NO. 89-214). City Attorney advised that the proposed resolution should be Res adopted amended to include stronger language, such as the resolution as amended for the Bhakta property, which was the next item on the Agenda. He stipulated the sections to be amended. It was then moved by Councilman Naranjo, seconded by Councilman Latta to waive further reading and adopt the resoution as amended. Resolution passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilman Latta offered a resoution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8641 DENYING THE PUBLIC NUISANCE APPEAL OF SANMUKH P. BHAKTA AND denying pub BHARTI S. BHAKTA AND APPROVING AN ORDER FOR ABATEMENT OF A nus appl PUBLIC NUISANCE FOR PROPERTY LOCATED AT 628 NORTH AZUSA Bhakta AVENUE PURSUANT TO CHAPTERS 15.08 AND 15.10 OF THE AZUSA MUNICIPAL CODE (CASE NO. 89-215). Moved by Councilman Latta, seconded by Councilwoman Avila to waive further reading and adopt. Resolution passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilman Naranjo offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8642 REVOKING CONDITIONAL USE PERMIT NO. C-381 FOR THE PROPERTY revoking LOCATED AT 902 NORTH AZUSA AVENUE. CUP 381 Moved by Councilman Naranjo, seconded by Councilwoman Avila to waive further reading and adopt. Resolution passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE SCHEDULED ITEMS Sched. Items CONTINUED PUBLIC HEARING - on appeal of Angela Esparza of Cont Pub Hrg certain condition of approval of Tract Map No. 46055, Tr Map 46055 located at 2280 N. San Gabriel Canyon Road. Original appro- Esparza al allowed for the subdivision of one parcel into 7 lots; ut denied a single family residence to be constructed on a section of Lot 6, south of Highway 39. The Mayor advised that he would be abstaining from this Mayor to matter, as there was a potential conflict of interest. He abstain, then left the Council table, and Mayor Pro -tempore Latta Latta chaired chaired this item. Mayor Pro -tem declared the Hearing re -opened. 06/21/89 PAGE FIVE Hrg opened Director of Community Development Bruckner addressed this Testimony item advising that the issue was the development of a small Bruckner corner of parcel 6, and that concerns of traffic safety, the intensity of septic tanks in the area and that the zoning in that area required lots of 2200 square feet. Since the last Council meeting he has met with the applicant and she is willing to address those issues by making some changes to her proposal. One is to reduce the number of units on old San Gabriel Canyon Road from 4 to 3 and transfer that septic tank to Lot No. 6. Instead of developing the small triangular portion on the south, she would move the unit to the larger lot on the north side; however, this would be contingent upon the Health Department allowing a septic tank at that location. Further, if she could not get the necessary approvals, it would be understood that she could approach the Council again for reconsideration of her request. Staff felt that with these proposals, all of their concerns were met and they would recommend approval. Applicant, Angela Esparza, addressed Council stating that Testimony she had no additional comments, but would answer any Esparza questions from the Council. Discussion was held with Council and Ms. Esparza regarding General proposed changes and that she would build larger homes on discussion the one parcel and then could utilize the lot on the north as well for a unit, thus affording better use of the property. However, if this were not possible to do, she would like to come back to the Council for further reconsideration. Councilwoman Avila stated that she was not comfortable with Comments these proposed changes, as she did not have the particulars Avila on paper in black and white, and that discussing it in this 'manner could be misinterpreted. Mr. Art Morales addressed this issue and stated that the Comments Council should do all that is possible to promote single A. Morales family homes. There being no other testimony, it was moved by Councilwoman Hrg cont to Avila, seconded by Councilman Stemrich and carried by roll 7/3/ mtg call to continue the hearing to the meeting of July 3, 1989, for report from staff regarding the changes and that report include graphic lay -outs. Mayor Moses abstaining. Mayor Moses returned to the Council table at this time. Moses retnd CONTINUED PUBLIC HEARING - on an amendment to the Munici- Cont Pub Hrg pal Code relating to revised standards for non -conforming Code Amend uses on certain R2 zoned properties. Amendment No. 164. 164 This Hearing was scheduled to be continued to July 3rd, and Hrg cont to Council and the Planning Commission were to have a study 7/3 mtg session on the 21st of June. However, this date was not feasible, due to graduations from high school, etc. It was then moved by Councilman Naranjo, seconded by Councilman Latta and unanimously carried by roll call to continue the Hearing to the meeting of July 3, 1989, and that staff oordinate with the Planning Commission for a date and ime that both Council and the Commission can meet to iscuss this proposed amendment. PUBLIC HEARING - on application of A.M.C. Clinical Pub Hrg Laboratory, Inc., requesting a zone change from R3a to C2 Z-89-1 & GPA (Z-89-1) and General Plan Amendment (GPA 89-1) from medium 89-1 density residential to general commercial for a medical AMC Clinicl laboratory on the property located at 1171 West Arrow Lab Highway. 06/19/89 PAGE SIX The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on May 31st and the affidavit of proof of posting said property on June 2nd, 1989. Community Development Director Bruckner addressed this item stating that the applicants wished to move their business from the adjacent office building to the west into a new building on this parcel, which is currently vacant. The construction of a medical laboratory was found to be more appropriate for this small site than the small apartment complex which could be developed under the existing zoning and land use designation. The Planning Commission determined that the development of this property for commercial purposes was consistent with the prevailing commercial uses on most of Arrow Highway. Resureccion Chua and Leoncio Abrazaldo, representataives of A.M.C. Clinical Laboratory addressed the Council and had no comments to make. Art Morales addressed the Council and stated that his only concerns were that sterilization methods of equipment were not toxic and harmful to the residents in the area of the laboratorty and that disposal of syringes and needles was done in a proper manner. He was advised that these matters were handled by the State Department of Health and were monitored very stringently for any type of abuse. Hrg opened Testimony Bruckner Testimony AMC Lab reps Comments A. Morales There being no further testimony, it was moved by Councilman Hrg closed Stemrich, seconded by Mayor Moses and unanimously carried by roll call to close the hearing. Moved by Councilman Stemrich, seconded by Mayor Moses and 'unanimously carried by roll call to approve the zone change and general plan amendment for A.M.C. Clinical Laboratory with the proviso that double lock devices be used on all bins for disposal of needles and syringes; further directing the City Attorney to prepare the necessary documents. PUBLIC HEARING - on application of Johnny E. Johnson/Speckert Family Trust/D & D Development Company, requesting a zone change from C3 to R3a (Z-89-2) and General Plan Amendment (GPA 89-1) from general commercial to medium density, to construct a 57 -unit detached condominium project and exemption from multi -family residential construction moratorium, on the property located at 1901 San Gabriel Canyon Road. Zone chng appvd Pub Hrg D & D Devlpmn Z-89-2 & GPA 89-1 Due to possible conflict of interests, Mayor Moses and Mayor Moses & Latta Pro -tem Latta abstained from the proceedings and left the abstn Naranjo Council table. Councilman Naranjo chaired this item. chaired Acting Mayor Pro -tem Naranjo declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on May 31st and the affidavit of proof of posting said property on June 2nd, 1989. aommunity Development Director Bruckner addressed this item dvising that applicants have requested the zone change and eneral plan amendment in order to construct a 57 -unit detached condominium project. The site consists of two parcels, a fraternal lodge (Moose Lodge) and a vacant parcel. The residences will have the appearance of single family homes on small individual lots. This project is defined as a condominium development, as there are private streets and common areas maintained by a homeowners' association, and due to the lack of a planned unit development (PUD) ordinance by the City. The residences 06/19/89 PAGE SEVEN Hrg opened Testimony Bruckner will be two stories in height, have three or four bedrooms and two and one-half bathrooms, and contain floor area ranging from 1300 to 1600 square feet. The Planning Commission also approved the lifting of the moratorium on multi -family homes as is allowed in the ordinance. He, further advised that one of the conditions of approval under the conditional use permit was the establishment of a Mello -Roos District for costs of public safety services. Staff has been negotiating with the developer to determine what impact fee would be most appropriate, and possibly the Mello -Roos District would not be the vehicle by which this would be implemented. The Planning Commission has recommended approval of this project. Ms. Camille Courtney of D & D Development Company addressed this item and advised that she had drawings available for review if Council was interested. She advised that the homes would have three different floor plans, with three or four bedrooms and attached two -car garages. She wanted to emphasize the fact that this project consisted of single family homes and that they were not condominiums. She advised that there were some discrepancies in the conditions of approval and pointed those out to the Council. Community Development Director advised Council that the matter before them this evening dealt with the zone change and general plan amendment. That the conditions of approval that Ms. Courtney pointed out were approved by the Planning Commission under the conditional use permit. However, if Council wished to modify them, it would be a matter to be deferred to that body. City Attorney concurred with Mr. Bruckner's statement. City Clerk Solis then read a letter from Mr. Corcoran of Happy Jack's Fish Farm who was in opposition to the project 'and felt it was spot zoning. City Clerk also read an agreement which was submitted from Eugene Moses that was entered into with Jack and Ray Corcoran, Sigfried Speckert, Johnny E. Johnson, Glenn R. Watson and Eugene F. Moses that the parties aforementioned would maintain the C3 zoning and construct projects that would be in a rustic theme to complement the area. Testimony C. Courtney Comments Bruckner City Clerk rd ltrs in opposition fret Corcoran Bros. & E. Moses Eugene Moses addressed the Council and stated that he wished Comments D & D Development to be aware that he had a bona -fide E. Moses agreement, as read by Mr. Solis, and that it did not expire until 1990. That anyone interfering with it will suffer the consequences and that no one had contacted him about this construction or changing the zone. Mrs. Mary Grosvenor addressed this issue and advised that Comments she had questions which she would like answered. She asked M. Grosvenor if a traffic study had been made in that area; why the distinction that they were single unit detached homes and not condominiums; why this project was exempted from the moratorium; are underground utilities being considered; and if there will be off-street parking. Community Development Director responded to all of Mrs. Grosvenor's questions. Mr. Art Morales addressed this issue and stated that at the Comments 'Planning Commission, the developer presented the project in A. Morales great detail and everyone seemed to be satisfied, and that if there were concerns about rezoning, perhaps the whole area should be rezoned to R1. Mr. Eugene Moses addressed the Council and stated that there Comments is a lot of silt on the Johnson property and that it is E. Moses against the law to build on silt. Rains cause the silt to run down onto his property at the Ghost Town, and the City has done nothing to correct this. He further stated that he was the only member who honored the aforementioned agreement. 06/19/89 PAGE EIGHT Councilman Stemrich questioned Ms. Courtney regarding the Comments storm drain that was proposed to be constructed if this Stemrich & project were approved. She advised that D & D would be Courtney installing a storm drain and that a reimbursement district would be created, so that if Happy Jacks' or the Ghost Town was developed or sold they would have to pay their share of the costs, just as D & D would have to reimburse the Mormon Church for their storm drain which they were also going to tie into. She further stated, so there would be no confusion, that the silt Mr. Moses alluded to would have to 'be removed and new soils brought in prior to construction; this was State law. Mr. Eugene Moses stated that he already had a storm drain Comments that was installed when the Mormon Church was developed and E. Moses his share of the cost is $28,000.00. Community Development Director responded to Councilman Comments Stemrich's question as to whether or not there was a storm Bruckner drain in place in front of Mr. Moses' property; stating that the church did install a storm drain, but he did not know if the Ghost Town property was tied into it; however, his property was part of that reimbursement district. Mr. Eugene Moses again stated that his property is on septic Comments tanks and that he does have a storm drain on his property E. Moses and has to pay $28,000.00, and again stated that the City did not heed the agreement the property owners had. Ms. Courtney addressed this specific issue and advised that Comments there was no storm drain in front of the Ghost Town, to this C. Courtney date, and when and if that property is developed, then Mr. Moses will have to pay to tie into that system. Further discussion was held between Council, City Attorney General 'Mr. Moses and Community Development Director regarding this discussion storm drain issue. It was then moved by Councilman Stemrich, seconded by Hrg closed Councilwoman Avila and carried by roll call to close the hearing. Mayor Moses and Mayor Pro -tem Latta abstaining. Acting Mayor Pro -tem Naranjo asked the City Attorney if the Advice frm City were liable in any way with regard to the agreement Cty Atty that Mr. Moses kept referring to. City Attorney advised that the agreement was made between the property owners and the City did not agree to anything. The City does not enforce agreements between property owners; that is an issue the property owners need to deal with. It was then moved by Councilwoman Avila, seconded by Zone change Councilman Stemrich and carried by roll call to approve the appvd D&D zone change and general plan amendment for the project and Development direct staff to mitigate the conditions of approval that were discussed by Ms. Courtney; further directing the City Attorney to prepare the necessary documents. Mayor Moses and Mayor Pro -tem Latta abstaining. Mayor Moses and Mayor Pro -tem Latta returned to the Council Moses & Latta table at this time. returned BLIC HEARING - on application of Ella Duplessis, et al, Pub Hrg requesting a zone change from Rlc to R2 (Z-89-3) and General Z-89-3 Plan Amendment (GPA 89-1) from low density residential to E. Duplessis medium density residential, for the property located at 922- et al 942 N. Angeleno Avenue. Councilwoman Avila advised that due to a possible conflict Avila to of interest, she would leave the Council table and abstain abstain from the proceedings. 06/19/89 PAGE NINE The Mayor declared the Hearing open, the City Clerk read the Hrg opened affidavit of proof of publication of notice of said hearing published in the Azusa Herald on May 31st and the affidavit of proof of posting the property on June 2nd, 1989. Community Development Director Bruckner addressed this issue Testimony advising that the zone change request had been requested by Bruckner six property owners. The lots of these six parcels are 50 feet wide and 140 feet deep. Five of the parcels are developed with one single family residence each, and one lot 'has two dwelling units on the property. This last parcel has obtained a variance to maintain a second residence which has been a legally established nonconforming use. Two of the property owners intend to construct a second dwelling if the zone change is approved. The other four property owners have expressed support for their neighbors' wishes; however many letters were received in opposition to this request. The Planning Commission determined that a problem existed with lack of off-street parking and also, it was felt that some of the existing houses might be demolished and replaced by new duplexes, which would result in disrupting the surrounding neighborhood. Mrs. Ella Duplessis, one of the applicants, addressed this Testimony issue and advised that she wanted to build an additional E. Duplessis dwelling on her property for her aging parents, and had approached the Planning Department. They advised her to do so for one parcel would be spot zoning. She then contacted her neighbors who were in sympathy with her and the zone change for the six parcels was initiated. She stated that two of the parcels already had two residences and only two out of the remaining four wished to construct additional homes. No duplexes have been considered. She then requested that Mr. Bruckner define medium density for her and he complied. She then stated that the applicants were not interested in selling their property and that the units would be one story. Mayor Moses asked the City Attorney if there was a separate Advice frm agreement that could be made with Mrs. Duplessis or some way Cty Atty that the Council could grant her request. The City Attorney advised that State Law prohibits the granting of a variance or an exception to the general zoning when it deals with a use that would otherwise be prohibited; therefore, the Council could not sanction the request. Mrs. Frances Gonzales addressed this issue stating that Comments there was discrimination towards the property owners F. Gonzales requesting this zone change, as a parcel on the north side had a duplex and a residence; on the south side of 9th Street there were parcels with 3 and 4 units. She felt the zone change would not be inconsistent with the surrounding area. She also stated that there was enough room on the parcels in question for parking and there would be no need for on -street parking. Mrs. Ella Duplessis addressed the Council, again, and stated Comments that her parents did not drive; therefore, there would be no E. Duplessis additional vehicles on her property. rs. Jennie Avila addressed the Council and suggested that Comments Council could possibly take the whole block and rezone it J. Avila 2, as there now exists multiple family residences on that street. Mr. Ward Archer addressed this issue stating that he did not Comments want R2 zoning as the area was over populated and there were W. Archer problems due to the apartment units in the area. Traffic problems were also a concern. 06/19/89 PAGE TEN Mr. Ben Wilson addressed this issue and stated that there is Comments a lot of vandalism in the neighborhood. That there is no B. Wilson need for more people in the area. He has a difficult time parking on the street and he wanted some privacy. General discussion was held regarding this issue relating to General the citizens of Azusa not wanting multi -family units; discussion possibility of demolishing existing homes and constructing duplexes; that there were multi-famiy units on this block, on all three corners as well as sporadically; that the zone change would bring the block into conformance and that if garages were constructed, there would be no additional on - street parking. It was then moved by Councilman Naranjo, seconded by Mayor Hrg re -opened Moses and carried by roll call to re -open the hearing and & cont to 7/3 ,continue it to the meeting of July 3rd, in order for Council to visit the neighborhood and to evaluate the situation; further that the City Attorney also investigate possibilities of reconciling the problem, if feasible. Councilwoman Avila abstaining. Councilwoman Avila returned to the Council table at this Avila retnd time. HEARING FOR PROPERTY OWNERS - Regarding an assessment Hrg fr Propty district for the installation of curb and gutter ownrs re: cur improvements on Vernon Avenue between Sixth Street and the & gutter impv Santa Fe Railroad right-of-way. mnts Vernon Director of Public Works DeLoach addressed this issue Testimony advising that in response to a petition from the property DeLoach owners for the construction of curb and gutter improvements, the work was completed in September of 1988. All expenses incurred have been divided and will be repaid by the property owners that directly benefitted from the improvements. Pursuant to the Streets and Highways Code, all property owners were notified by mail of this hearing, and the property was posted with the assessments. Mrs. Anna Arguello addressed this issue asking when and to Comments 1whom the payments for this work should be made. Director of A. Araguello Public Works advised that the payment would be made to the City anytime after adoption of the resolution approving the assessment district. There being no further testimony, it was moved by Councilman Hrg closed Latta, seconded by Councilwoman Avila and unanimously carried by roll call to close the hearing. Councilman Naranjo offered a resolution entitled: 06/19/89 PAGE ELEVEN Mrs. Frances Gonzales addressed the Council and advised that Comments she sympathized with Mr. Wilson; however, Mr. Archer repairs F. Gonzales vehicles and Mr. Gomez has many cars too. That is why there is no place to park. Vandalism occurs all over town, not just this neighborhood. Mr. Kenneth Bland addressed this issue stating that he was Comments in favor of this zone change, and he felt Mrs. Duplessis K. Bland should be able to utilize the rear of her property to build a unit for her parents. There being no further testimony, it was moved by Councilman Hrg closed Stemrich, seconded by Councilman Latta and carried by roll call to close the hearing. Councilwoman Avila abstaining. Councilman Latta then made the motion to approve the Zone change Planning Commission's recommendation to deny the zone denied (died) change. Motion died for the lack of a second. General discussion was held regarding this issue relating to General the citizens of Azusa not wanting multi -family units; discussion possibility of demolishing existing homes and constructing duplexes; that there were multi-famiy units on this block, on all three corners as well as sporadically; that the zone change would bring the block into conformance and that if garages were constructed, there would be no additional on - street parking. It was then moved by Councilman Naranjo, seconded by Mayor Hrg re -opened Moses and carried by roll call to re -open the hearing and & cont to 7/3 ,continue it to the meeting of July 3rd, in order for Council to visit the neighborhood and to evaluate the situation; further that the City Attorney also investigate possibilities of reconciling the problem, if feasible. Councilwoman Avila abstaining. Councilwoman Avila returned to the Council table at this Avila retnd time. HEARING FOR PROPERTY OWNERS - Regarding an assessment Hrg fr Propty district for the installation of curb and gutter ownrs re: cur improvements on Vernon Avenue between Sixth Street and the & gutter impv Santa Fe Railroad right-of-way. mnts Vernon Director of Public Works DeLoach addressed this issue Testimony advising that in response to a petition from the property DeLoach owners for the construction of curb and gutter improvements, the work was completed in September of 1988. All expenses incurred have been divided and will be repaid by the property owners that directly benefitted from the improvements. Pursuant to the Streets and Highways Code, all property owners were notified by mail of this hearing, and the property was posted with the assessments. Mrs. Anna Arguello addressed this issue asking when and to Comments 1whom the payments for this work should be made. Director of A. Araguello Public Works advised that the payment would be made to the City anytime after adoption of the resolution approving the assessment district. There being no further testimony, it was moved by Councilman Hrg closed Latta, seconded by Councilwoman Avila and unanimously carried by roll call to close the hearing. Councilman Naranjo offered a resolution entitled: 06/19/89 PAGE ELEVEN A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8643 CONFIRMING THE ASSESSMENT PURSUANT TO CHAPTER 27 OF THE confirming "IMPROVEMENT ACT OF 1911", BEING DIVISION 7 OF THE STREETS assessment AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA (VERNON AVENUE fr curb & NORTH OF SIXTH STREET). gutter im- provements 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: I AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Community Redevelopment Law requires that each project area CRA Law designate land suitable for low/moderate income housing. requires low/ Because the Ranch Center Project Area does not include land mod hsng suitable for housing, the City must find that providing outside of low/mod housing outside the Project Area is of benefit to proj area the Project Area. to benefit area Councilman Naranjo then offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8644 FINDING THAT THE PROVISION OF LOW AND MODERATE INCOME low/mod hsng HOUSING OUTSIDE THE RANCH CENTER REDEVELOPMENT PROJECT WILL of benefit BE OF BENEFIT TO THE RANCH CENTER REDEVELOPMENT PROJECT. to proj area (Ranch Cntr) Moved by Councilman Naranjo, seconded by Councilman Latta to of Columbus, requested to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: during AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES ,NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A request from the Board of Supervisors was received asking Req frm Bd the City's participation in adopting a resolution urging of Supvsrs the Federal Government to implement the Anti -Drug Abuse Act Cty support of 1988, and to provide resources for anti-drug enforcement. anti -drugs Councilman Naranjo then offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA URGING Res. #8645 THE FEDERAL GOVERNMENT TO EXPEDITE IMPLEMENTATION OF THE urging imple- ANTI-DRUG ABUSE ACT OF 1988 AND TO MAKE FUNDING AVAILABLE TO mentation of THOSE AREAS WHICH HAVE DEMONSTRATED GREATEST NEED. Anti -Drug Abuse Act of Moved by Councilman Naranjo, seconded by Councilman Latta to 1988 waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCIL14EMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The Manresa Council 3522, Knights of Columbus, requested to Knights of beer at Memorial Park during a festival to be held on Columbus !ell my 6th through the 9th, 1989. Prior approval was given req to sell or this organization for dates in May; however, due to beer @ Mem'1 unforeseen circumstances, the festival was cancelled. They Pk were again requesting approval for the new dates. Councilman Latta stated that there is an ordinance in place Comments that does not allow the consumption of alcoholic beverages Latta on public property and he felt that a festival could be held without alcohol. He cited numerous problems over the week- end due to the consumption of alcohol. 06/19/89 PAGE TWELVE Mr. Bob Dunn addressed this issue and stated that he had Comments worked at the carnival that..Councilman Latta alluded to. B. Dunn That the area for drinking beer was secured and that problems did not occur at the beer booth, but it was problems from outsiders coming in. He further stated that the booth at Memorial Park would be gated and that guards would be in attendance. He further stated that he has provided insurance binders to the City in the amount of one million dollars. Further discussion was held between Mr. Dunn and Council General regarding that carnival operators are not allowed to drink discussion alcoholic beverage when operating the equipment, and that the sale of beer should be in a restricted area, away from the carnival. Miss Xenia Stavrinides addressed the Council and wondered if Comments X. beer was sold at the Fairgrounds and if it were nea the Stavrinides carnival area. Councilman Latta advised that beer was sold but not anywhere near the carnival or "fun zone" area. It was then moved by Mayor Moses, seconded by Councilwoman Avila and carried by roll call to approve the sale of beer at Memorial Park by the Knights of Columbus in accordance with the provisions as stated in the resolution of approval that was issued for the dates in May. Councilman Latta dissenting. It was also pointed out to Mr. Dunn that the insurance binder received from the Carnival Company had expired and Mr. Dunn advised that he would correct the matter. SPECIAL CALL ITEMS 'Ms. Susie Galletta addressed Agenda item dealing with the City Treasurer's Financial Statement and asked if the balance of $12 million was all in the General Fund and also, if all outstanding City bills were paid, what would be left of that $12 million. Director of Finance Craig advised that the balance shown was not all in the General Fund, and that if all bills were paid, there would be a positive balance. General discussion was held between Council and Ms. Galletta regarding the fact that the residents in Azusa do not realize that the balances listed in the Treasurer's statement do not reflect the whole picture and are misleading. It appears to the public that monies should be available for many projects; however, in fact, most monies are earmarked for expenses. Ms. Galletta is on the Blue Ribbon Committee to initiate revenue measures for the City, and wanted the public to be aware that the City is in need of revenues. Appv sale of beer @ Mem'1 Pk Spec Call Comments S. Galletta re: Treas Stmnt General discussion It was then moved by Councilman Naranjo, seconded by Cty Treas Councilwoman Avila and unanimously carried by roll call to Fin Stment receive and file the City Treasurer's Financial Statement rec & file showing a balance of $12,989,846.31, as of May 31, 1989. OTHER BUSINESS/CITY COUNCIL Councilman Latta advised that he had recently heard that the cities of Los Angeles and San Pedro had adopted ordinances wherein the construction of apartment buildings were disallowed in blocks where there were more than 50% single family homes. He did not know the particulars of these ordinances, but wanted staff to investigate and report on their merits. He stated that time was of the essence, since the multi -family housing moratorium would be expiring within a few months. If the ordinance was found to be feasible, 06/19/89 PAGE THIRTEEN Oth Bus/Cncl Staff to rpt on ordi- nances frm L.A. & San Pedro re: apts then it should be enacted prior to the expiration date of the City's moratorium. It was then moved by Councilman Latta, seconded by Mayor Moses and unanimously carried by roll call that the matter be referred to staff. Councilman Stemrich advised that he had received a letter from Roger Kevorkian, 702 West Fourth Street, who related that his home was burglarized and that a Mr. Gonzalez and a 'Mr. Martinez pursued the suspects burglarizing his home and detained them. He wanted the Chief of Police to investigate this incident, and if, in fact, these two gentlemen were instrumental in apprehending the burglars, he wanted some type of commendation presented to them. It was then moved by Councilman Stemrich, seconded by Mayor Moses and unanimously carried by roll call to refer the matter to staff as indicated. Commendation fr citizens aiding in apprehending burglars Councilman Naranjo requested that his item dealing with the Naranjo's Ghost Town be continued to meeting of July 3rd, as he was item cont advised that the Ghost Town was in the process of public to 7/3 mtg nuisance hearings at this time. THE REDEVELOPMENT AGENCY CONVENED JOINTLY WITH THE CITY COUNCIL AT 10:44 P.M. Councilman/Director Latta offered a resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON JUNE 19, 1989, PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION '54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a). Moved by Councilman/Director Latta, seconded by Councilwoman/Director Avila to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council/Agency: AYES: COUNCILMEMBERS/DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS/DIRECTORS: NONE ABSENT: COUNCILMEMBERS/DIRECTORS: NONE TIME OF RECESS TO CLOSED SESSION: 10:45 P.M. THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED AT 12:03 A.M. General Counsel advised that the settlement agreement with Mr. Richard Medina was deferred at this time. Chairman Moses wished the record to reflect that he dissented on this matter in Closed Session. oved by Director Naranjo, seconded by Director Latta and unanimously carried by roll call to award the contract for facade rehabilitation and seismic reinforcements for four two-story buildings on the west side of Azusa Avenue, to Clark-Porche, lowest responsible bidder; subject to approval by the County Community Development Commission and the individual property owners. Further, proposed facade rehabilitation financing program for each of the properties, was approved, subject to approval by the individual property owners and the preparation of an Owner Participation Agreement with the Agency. 06/19/89 PAGE FOURTEEN CRA convnd w/Cncl Res. #8646 Closed Sess Recess to Closed Sess Reconvened Sttlemnt agmt Medina, dfrd Comments Moses Bid award seismic re- infcmnts & facade rehab Clark-Porche Moved by Councilman/Director Naranjo, seconded by Adj to 6/26 Chairman/Mayor Moses and unanimously carried to adjourn the @ Sr Cit Cntr meeting to June 26, 1989, at 7:00 P.M., in the Azusa Senior Citizen Center. TIME OF ADJOURNMENT: 12:10 A.M. CITY ERR NEXT RESOLUTION NO. 8647 NEXT ORDINANCE NO. 2402 06/19/89 PAGE FIFTEEN