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HomeMy WebLinkAboutMinutes - March 16, 1992 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MARCH 16, 1992 - 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 Jose Flores of the Ebenezer Spanish Assembly of God. ROLL CALL Roll Call PRESENT: COUNCIL14EMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT Also Present City Attorney Wadden, City Administrator Garcia, Chief of Police Nelson, Utility Director Hsu, Community Development Director Bruckner, Director of Finance Craig, Superintendent of Public Works Pedroza, Redevelopment Director Steel, Assistant City Librarian Maghsoudi, City Treasurer Talley, City Clerk Solis, Adminstrative Clerk Hernandez. CEREMONIAL Ceremonial Ms. Jo Ann Eros of the YWCA Wings Program presented a plaque Plaque to to the entire Council for its outstanding financial support Cncl from towards the Wings Program throughout 1991-92. Mayor Moses Wings also commended the Wings Program for its outstanding work in the community. The entire Council presented a proclamation to Earl and Proc to the Eleanor Post for their crusade for peace everywhere. Posts Councilman Dangleis presented a proclamation to the Adult Proc Adult Education School recognizing National Adult Education Week. School PUBLIC PARTICIPATION Pub.Prtc. Mr. Anthony Brito founder of Valley of the Hearts Foundation A. Brito addressed Council requesting support for the Foundation. He Valley of explained the various programs that the Foundation is the Hearts working towards and also requested a meeting with Council Foundation to discuss the details of the program and the support that is being requested from the City. Mr. Dan Naranjo addressed Council regarding his concern for D. Naranjo the youth of Azusa stating that the City should create a Youth Center. youth center to help children get involved in different activities which would benefit them. p�Mr. Louis Zamora addressed Council with his concerns L. Zamora regarding the youth of Azusa. He spoke of the Staff Group Youth in which is sponsoring several activities in an effort to Azusa better the City. He stated that one such activity is the Candidates' Forum combined with a dance to be held at Parish Hall on April 4th and invited all residents of Azusa to attend. Ms. Rebecca Saucedo addressed Council regarding parking R. Saucedo restrictions at the Edgewood Shopping Center stating that parking pro - her vehicle was towed away by Magnum Towing and that charges blems being imposed are unfair. She further stated that she would go to Small Claims Court to oppose the action. Councilman Dangleis addressed the issue requesting an Dangleis investigation by Captain Nelson regarding the enforcement of comments parking restrictions at Edgewood Shopping Center. Councilman Stemrich also addressed the issue offering to Stemrich attend Small Claims Court with Ms. Saucedo. comments Mr. Jim McJunkin addressed Council regarding our democracy J. Mc Junkin and encouraged residents in general to participate in comments voting. He also encouraged residents to get involved in the Candidates1forums that are scheduled to see where the Candidates stand and be able to make a decision when voting. He further advised that residents who are physically unable to get to the polls could vote by absentee ballot. Mr. Ron Legault addressed Council expressing his views and R. Legault complaints towards Magnum Towing Company. comments Mr. Art Morales addressed Council commending Mr. Mc Junkin A. Morales and Mr. Naranjo for their sincere support of the City of comments Azusa and its youth. He further commended the work that has been performed on Sixth Street. He also expressed his views regarding the revision of the public participation portion of the Agenda. Moses addressed the issue Moved by Councilman Alexander, seconded by Councilman Stemrich to 'Mayor appreciation be sent to Padilla Stemrich and unanimously carried by roll call that attend court excellent work on Sixth Street. Councilman Stemrich attend Small Claims Court with Ms. w/Sausedo ' Saucedo, as Ms. Francis a representative of the City of Azusa. Wrobbal addressed Council regarding Variance for F. Wrobbal parking at 904 W. Tenth Street, stating that her objection parking on to such Variance was due to inadequate parking in the area, Tenth St. not to the church itself. Mr. Jim McJunkin addressed Council regarding our democracy J. Mc Junkin and encouraged residents in general to participate in comments voting. He also encouraged residents to get involved in the Candidates1forums that are scheduled to see where the Candidates stand and be able to make a decision when voting. He further advised that residents who are physically unable to get to the polls could vote by absentee ballot. Mr. Ron Legault addressed Council expressing his views and R. Legault complaints towards Magnum Towing Company. comments Mr. Art Morales addressed Council commending Mr. Mc Junkin A. Morales and Mr. Naranjo for their sincere support of the City of comments Azusa and its youth. He further commended the work that has been performed on Sixth Street. He also expressed his views regarding the revision of the public participation portion of the Agenda. Moses addressed the issue requesting that a letter of ltr of appre- 'Mayor appreciation be sent to Padilla Paving Contractors for the ciation to excellent work on Sixth Street. Padilla Pvg Ms. Yolanda Trejo addressed Council citing several concerns Y. Trejo the residents of Hermitage II apartment have with regard to Edgewood the Edgewood Shopping Center and the surrounding area. She Shopping stated that they have been encountering verbal abuse from Center people who loiter about the center and are concerned with the beefed up security at Thrifty Store. The residents also would like to know the future plans for the center and also the vacant lot at Azusa and Gladstone. Mayor Moses responded stating that staff will investigate Moses their concerns and inform residents of their progress in comments alleviating the problems. Mr. Dan Naranjo addressed Council reiterating his support of D. Naranjo the youth of Azusa and urged the public to participate in comments hopes of constructing a youth center in Azusa. Mayor Moses reminded Council and audience that there is an Moses advisory measure on the ballot asking the residents if they comments would like to have a youth facility with a swimming pool. Mr. Roberto Martinez addressed Council with concerns R. Martinez regarding political signs on businesses,. He stated that various the business community might feel obligated to display signs issues when requested by candidates. Further that he believes that the American Little League and the New Harvest Church have taken advantage of the fact that this is election time, when requesting certain things for their organizations from the Council. Discussion was held between Councilmembers regarding Discussion political signs and contributions to organizations as well as the budgetary process. 03/16/92 PAGE TWO Finance Director Craig responded to the City's financial Fin Director condition stating that there is a 3.3 million dollar deficit comments at this time and there is no excess money in the general fund. Further discussion was held regarding the reserve funds that Discussion are in the Redevelopment Agency and in the Light Department. Many items of concern were discussed as well as the issue of the deficit. City Administrator Garcia addressed the issue confirming City Admin that there is a real deficit and a real need to exercise Comments good leadership and judgement to overcome the deficit. The CONSENT CALENDAR consisting of Items 1 through 15 was Cons Cal approved by motion of Councilman Dangleis, seconded by appvd, G-3 Councilman Naranjo and carried by roll call vote, with the Special Call exception of item G-3, which was considered under the Special Call portion of the Agenda. Councilman Stemrich abstained from item G-2. 1. The Minutes of the regular meeting of March 2, 1992, were approved as written. 2 3 Human Resources Action Items were approved as follows: EMPLOYEE STEP INCREASE AND PERMANENT STATUS RECOMMENDATIONS NAME C. Toscano P. Maghsoudi NEW APPOINTMENTS NAME/CLASSIFICATION None PROMOTIONS NAME/CLASSIFICATION None NAME/CLASSIFICATION STATUS PermStat PermStat M. Alaniz, City Librarian J. Keane, Customer Svs Rep III SPECIAL CALL ITEM. 03/19/92 03/19/92 EFFECTIVE EFFECTIVE 03/15/92 11/01/91 4. At this time each year, it becomes necessary to engage an outside auditor for an independent review of the City's financial records for the current fiscal year. Conrad and Associates C.P.A., have audited Azusa's records for the past several years. Formal bidding procedures were waived pursuant to the Municipal Code and the contract was awarded to Conrad and Associates, in the amount of $27,676.00 and authorization was given to execute the same. 5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE POLICY REGARDING THE DESTRUCTION OF OBSOLETE RECORDS FOR THE AZUSA POLICE DEPARTMENT. 03/16/92 PAGE THREE Min appvd Pers Items Step inc./ perm status Appointments Promotions Terminations Spec Call Agmt w/Conrad & Associates Annual Audit Res. 92-C34 Destr Rcds P.D. 6. Specifications for chlorination equipment to be Specs for installed in a chlorination facility which will be chlorination constructed in the San Gabriel Canyon Spreading equipment Grounds, were approved and the City Clerk was directed to advertise for bids. 7. Request to approve a 90 -day extension for an employee acting in a higher capacity in the position of Line Mechanic Supervisor in the Light Division was approved. ' 8. Power sales agreement between the Cities of Azusa, Banning and Colton and the Cities of Burbank, Glendale and Pasadena, was approved. The contract provides for Burbank, Glendale and Pasadena to sell, and Azusa to purchase five megawatts of capacity and associated energy. Director of Utilities was given authorization to execute the agreement. 9. Bid opening was held in the City Clerk's Office on March 10, 1992, for Project No. 91-5, Street Improvements Phase II, various locations. Thirteen bids were received. The contract was awarded to Boral Resources, low bidder, in the amount of $84,235.68 and its execution was authorized. Extension employee in a higher capacity Power sales Agmt btwn Azusa, Ban- ning, Colton & Burbank Agmt w/Boral Resources Street Improvements Phase II 10. Request for authorization to execute a deductible Agmt w/Pro- waiver with Progressive Insurance Company for Dial -a- gressive Ins Ride service was approved. 11. Specifications for the maintenance of traffic signals Specs Maint- at signalized intersections throughout the City was enance traf- approved. This project is an ongoing maintenance fic signals program which was last renewed in 1987. City Clerk was directed to advertise for bids. 12. In order to comply with the National Pollutant Participation Discharge Eliminations System (NPDES), Los Angeles in NPDES County Department of Public Works has taken the lead appvd role in the permitting process and has become the principal permittee with the State Water Resources Control Board. Storm drain facilities in Los Angeles County interconnect with land drainage from all jurisdictions. Azusa's participation as a co-permitee in the NPDES was approved. 13. Recognition of Bargaining Units for the positions Recognition proposed for representation in the 1992-93, contract of Bargaining year, was approved. Units 14. Execution of Quitclaim Deed for release of easement on Quitclaim land located at the southeast corner of Citrus and Deed Alosta Avenues was approved. 15. Resolution authorizing payment of warrants by the City was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 92-C35 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE Warrants FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. SPECIAL CALL ITEMS Spec Call Councilman Stemrich introduced Paymaneh Maghsoudi as the new Intro New Assistant City Librarian who is now acting as interim City Assist Librarian. Librarian Mr. Art Morales addressed Council commending the Healthy A. Morales Cities Project and encouraging Council to continue to comments support this type of project. Councilman Dangleis offered a Resolution entitled: 03/16/92 PAGE FOUR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA SUPPORTING THE HEALTHY CITIES CONCEPT AND INDICATING THE INTENT TO PARTICIPATE IN THIS WORTHWHILE PROJECT. Moved by Councilman Dangleis, seconded by Councilman Stemrich to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: THE CITY COUNCIL AT 8:55 P.M. THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL DEVELOPMENT AUTHORITY HAS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. THE CITY COUNCIL DID NOT CONVENE AS THE AZUSA PUBLIC FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. Res. 92-C33 Healthy Cities Concept Cncl recess CRA cont. Reconvened No bus IDA No bus APFA ORDINANCES/SPECIAL RESOLUTIONS Ord./Spec.Res Councilman Dangleis offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Ord 92-012 AMENDING THE ZONING MAP TO REFLECT RECLASSIFICATION OF Zone Chnge 'PROPERTY LOCATED AT 1375 SAN GABRIEL CANYON ROAD FROM R- 1375 San 1(b) TO C-2. Gabriel Rd Moved by.Councilman Stemrich, seconded by Councilman Naranjo to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilman Dangleis offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, 1st Rdg Ord CALIFORNIA, ADDING A NEW CHAPTER 19.81 TO TITLE 19 OF THE Architectural AZUSA MUNICIPAL CODE REGARDING ESTABLISHMENT OF AN Review ARCHITECTURAL REVIEW COMMITTEE. Committee Moved by Councilman Alexander, seconded by Mayor Moses and unanimously carried by roll call to waive further reading and introduce the Ordinance. SCHEDULED ITEMS CONTINUED PUBLIC HEARING - on appeal of Lawrence Bottala/Foothill Investment Group on a request to allow higher density residential development on the property located at 625 North Cerritos Avenue. GPA -9-91-3, V-91-9 and P-91-177. The Mayor declared the Hearing re -opened. 03/16/92 PAGE FIVE Sched Items Cont Pub Hrg Appeal of L. Bottala 625 N. Cerri- tos Hrg open AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: NONE NONE THE CITY COUNCIL RECESSED AND THE REDVELOPMENT AGENCY CONTINUED AT 8:45 P.M. THE CITY COUNCIL AT 8:55 P.M. THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL DEVELOPMENT AUTHORITY HAS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. THE CITY COUNCIL DID NOT CONVENE AS THE AZUSA PUBLIC FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. Res. 92-C33 Healthy Cities Concept Cncl recess CRA cont. Reconvened No bus IDA No bus APFA ORDINANCES/SPECIAL RESOLUTIONS Ord./Spec.Res Councilman Dangleis offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Ord 92-012 AMENDING THE ZONING MAP TO REFLECT RECLASSIFICATION OF Zone Chnge 'PROPERTY LOCATED AT 1375 SAN GABRIEL CANYON ROAD FROM R- 1375 San 1(b) TO C-2. Gabriel Rd Moved by.Councilman Stemrich, seconded by Councilman Naranjo to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, STEMRICH, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilman Dangleis offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, 1st Rdg Ord CALIFORNIA, ADDING A NEW CHAPTER 19.81 TO TITLE 19 OF THE Architectural AZUSA MUNICIPAL CODE REGARDING ESTABLISHMENT OF AN Review ARCHITECTURAL REVIEW COMMITTEE. Committee Moved by Councilman Alexander, seconded by Mayor Moses and unanimously carried by roll call to waive further reading and introduce the Ordinance. SCHEDULED ITEMS CONTINUED PUBLIC HEARING - on appeal of Lawrence Bottala/Foothill Investment Group on a request to allow higher density residential development on the property located at 625 North Cerritos Avenue. GPA -9-91-3, V-91-9 and P-91-177. The Mayor declared the Hearing re -opened. 03/16/92 PAGE FIVE Sched Items Cont Pub Hrg Appeal of L. Bottala 625 N. Cerri- tos Hrg open Community Development Director Bruckner addressed the issue stating that this is an appeal of a Planning Commission decision denying a request to allow higher density residential development on the property at 625 N. Cerritos Avenue, in order to legalize two existing apartments. He stated that the plans as well as the Planning Commission originally approved twelve units on the property, but, when the occupancy permit was issued, two additional units materialized. Through research, additional information was discovered. According to County records, the applicant, Mr. Bottala, is not the owner of record. The original developer, Mr. Brashear appears to be the owner. Mr. Bottala holds a Foreclosure Grant Deed, which has not been recorded. Mr. Bottala was the lender on the property and foreclosed on Mr. Brashear. As a result, the City was not aware of the transaction due to the lack of a recorded change of ownership, therefore a Real Property Records Report was not done. He further stated that Building Permit, Plumbing, Electrical, Mechanical, and Plan Check Fees have only been paid for 12 units, as were School Fees and Park -in -lieu Fees and that the Tax Assessor's records do not reflect the development of the site with apartments and the owner has been paying property taxes on vacant property. The County building inspector who did the final inspection recalled the storage space, but not as an apartment as it now exists. Further, in order to legalize these units the general plan would have to be changed to allow the applicant and other developers to increase permitted units to thirty one per acre. He recommended that the appeal be denied. Comm Dev Dir testimony Discussion was held between Councilmembers and staff Discussion regarding a proposed spa on the property, conversion of a various items storage unit, trash enclosures, parking spaces for each unit and parking problems due to the additional two units. Mr. Lawrence Bottala, applicant, addressed Council stating L. Bottala that he lent money on the property for fourteen units and testimony that the occupancy permits states fourteen units and he maintains the property should remain fourteen units. He further stated there were many discrepancies found in permits and that the original owner, after touring the property, stated that nothing had changed on the property. Discussion was held regarding the property taxes, appraisel Discussion of the property, the original intent of twelve units on the property, discrepancies in permits and the responsibilities of the former owner and Mr. Bottala. Moved by Councilman Naranjo, seconded by Councilman Hrg clsd Dangleis and unanimously carried by roll call to close the Hearing. Moved by Councilman Naranjo, seconded by Councilman Dangleis Appeal denied and carried by roll call to uphold the Planning Commission's decision and deny the appeal; further, directing the City Attorney to prepare the necessary documents. Mayor Moses and Councilman Alexander dissenting. PUBLIC HEARING - on appeal of Nathan Krems from order to Pub Hrg abate certain signs on the property located at 585-647 East Order to Foothill Boulevard. abate signs N. Krems The Mayor declared the Hearing open. The City Clerk read Hrg open the affidavit of proof of publication of said notice published in the Azusa Herald on February 27, 1992. 03/16/92 PAGE SIX Community Development Director Bruckner addressed the issue stating that this appeal stems from a public nuisance abatement order and Planning Commission decision that directed Mr. Nathan Krems to abate signs on his property which are considered abandoned and violate the City's Municipal Code dealing with non -conforming uses. Mr. John Bowman, Attorney for Mr. Nathan Krems, addressed the Hearing in support of the signs. He stated that the abatement order requesting the removal of the expensive signs within thirty days is unreasonable, further that the sign are there to attract occupants to the center. He stated that the Municipal Code does not clearly define abandonment and that these signs are not abandoned, but are legal structures. Further, there has been no complaints from surrounding businesses regarding the signs. Comm Dev Dir testimony J. Bowman Attny for N. Krems testimony Discussion was held between Councilman Alexander and Mr. Discussion Bowman regarding correspondence received from Mr. Bowman, court cases cited, evidence of proposed leases, definition of abandonment and maintenance of the signs. Councilman Stemrich addressed the issue and read from the correspondence received from Mr. Bowman, citing and responding to several points of concern regarding the Krems property. Mr. Bowman responded stating that the issue at hand is whether the signs are abandoned and that the center has sat idle because of previous possible condemnation and possible purchase by the Redevelopment Agency. He further stated that they are actively negotiating for lease of the buildings on the property and that they are marketing the facility. Further, that the signs are of great value. Stemrich comments J. Bowman response Discussion was held between Councilman Alexander and Mr. Discussion Bowman regarding the what constitutes the definition of abandonment and also discussed the definition of blight. Mr. Ron Legault addressed the issue expressing his views R. Legault in opposition of the signs and the Krems property in comments general. Mr. Art Morales addressed the issue suggesting that one sign A. Morales on the property be altered to be used as a sign to read comments Route 66. Moved by Councilman Stemrich, seconded by Councilman Hrg clsd Dangleis and unanimously carried by roll call to close the Hearing. Councilmen Dangleis and Stemrich each gave his opinion Dangleis & regarding the Krems property and cited many instances where Stemrich there have been complaints as well as health hazards on the comments property to which Mr. Krems never responded. Moved by Councilman Stemrich, seconded by Mayor Moses and unanimously carried by roll call to deny the appeal and uphold Planning Commission's decision that the aforementioned are violations of the Municipal Code Chapter 19.50 requirements; that they constitute a public nuisance and that the violations be corrected through the- removal of these signs within thirty days; further, directing the City Attorney to prepare the necessary documents. PUBLIC HEARING - on proposed amendment to the Municipal Code, Code Amendment No. 183, Creation of a Mobile Home Park (MHP) Zone. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of said notice published in the Azusa Herald-gn February 27, 1992. 03/16/92 PAGE SEVEN Appeal denied Pub Hrg Code Amend No. 183 MHP Zone Hrg open Community Development Director Bruckner addressed the issue Comm Dev Dir stating that the City Council directed staff to create a Testimony Residential Mobilehome Park (RMP) in order to prevent conversion of property to other uses and preserve an important portion of the City's affordable housing. This is the first step in the process, the creation of the Residential Mobilehome Park Zone, and the next step would be to impose the zone on properties that are deemed necessary to receive that zoning designation. He stated that the Planning Commission has recommended approval. 'Mr. Al Turchek addressed the issue in favor of the creation A. Turchek of the Residential Mobilehome Park Zone. testimony Mr. Edward Dickenson addressed the issue in favor of the E. Dickenson creation of the Residential Mobilehome Park Zone. testimony Moved by Councilman Stemrich, seconded by Councilman Naranjo Hrg clsd and unanimously carried by roll call to close the Hearing. Comm Dev Dir Councilman. Dangleis inquired whether the Mobilehome Park Dangleis owners were notified or involved with the creation of the comments Residential Mobilehome Park Zone and whether they would be required to have a RMP zone indefinitely. Community Development Director Bruckner responded stating Comm Dev Dir that the Public Hearing was noticed in the paper and that response the Mobilehome Park owners could change the zoning of their property through the zone change process, further; that the Mobilehome Park owners will be directly notified when the Residential Mobilehome Park zone is in the process of being imposed. Moved by Mayor Moses, seconded by Councilman Alexander and Code Amend carried by roll call to uphold Planning commission's #183 appvd approval of said amendment and direct the City Attorney to prepare the necessary. documents. Councilman Dangleis dissenting. PUBLIC HEARING - on appeal of Gustavo Olguin to legalize a Pub Hrg second dwelling unit with reduced rear and side yard appeal by setbacks and garages, V-91-15 and P-91-212, on the property G. Olguin located at 318 N. Soldano Avenue. 318 Soldano The Mayor declared the Hearing open. The City Clerk read Hrg opened the affidavit of proof of publication of notice of said Hearing published in the Azusa Herald on February 27, 1992. Community Development Director Bruckner addressed the issue Comm Dev Dir stating that the property was originally developed with a testimony single-family residence, a detached two -car garage and a detached guest house. Through a Real Property Records Report inspection it was revealed that the garage and the guest house had both been illegally converted into separate dwelling units and an addition had been added on to the guest house without permits. The owner has since reconverted both structures and removed the unpermitted addition. The property owner now wishes to add on to the guest house and convert this structure into a permitted second dwelling unit. As a second residence, the building would be in violation of the rear yard (8 feet provided, 25 feet required) and side yard (3 feet provided,- 5 feet required) setback requirements; further, only two garage spaces would be provided, while each house requires its own two -car garage. The variance is being requested for relief from each of these requirements. The Planning Commission has denied the request. Mr. Gustavo Olguin applicant, addressed the Council G. Olguin requesting a continuance of forty-five days in order to testimony gather more information in his attempt to legalize a second dwelling on his property. 03/16/92 PAGE EIGHT Moved by Mayor Moses, seconded by Councilman Dangleis and unanimously carried by roll call to continue the Hearing for forty-five days. PUBLIC HEARING - on request of Shams Karimi for a zone change from C-2 to C-3 on the property located at 500 South Azusa Avenue. 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 March 5, 1992. Community Development Director Bruckner addressed the issue stating that this is a request to change the zoning of the vacant parcel at the southeast corner of Azusa Avenue and Gladstone Street from C2, Restricted Commercial to C3, General Commercial, in order to construct a service station. This site had previously been occupied with a service station. Since the time that the station was originally constructed, the C2 zoning was changed to prohibit automotive uses. The Planning Commission has approved the Zone Change. Hrg cont 45 days Pub Hrg Zone Chnge 500 S. Azusa Hrg opened Comm Dev Dir testimony Discussion was held between Councilmembers and staff Discussion regarding the mini -market that will be included with the proposed service station, objecting to the sale of liquor. Ms. Shirley Tressler representative of the Hermitage II S. Tressler apartments, addressed the issue stating her objections to testimony the sale of liquor at the proposed mini -market. Mr. Art Morales addressed the issue opposing the sale of A. Morales liquor at the mini -market but was in favor of the mini- testimony market in general. Moved by Councilman Naranjo, seconded by Mayor Moses and Hrg cont unanimously carried by roll call to continue the Hearing for two weeks two weeks in order to review plans for the property as well as meet .with the applicant in-- consideration of possible changes regarding the proposed service station. PUBLIC NUISANCE APPEAL of Eusebio I. and Esperanza Soria, for the property declared a public nuisance at 626 West Bayless Street, Case No. 91-1778-B. Community Development Director Bruckner addressed the issue stating that the property was declared a public nuisance on February 4, 1992, due to the garage being converted to an illegal second dwelling. He stated that this was discovered when neighbors complained about the parking problems of seven vehicles that park there and condition of the property due to overuse and too much activity, which they state, has devalued their property. Further, he stated that Mr. Soria revealed that he converted the garage to a second dwelling to accomodate his elderly mother in law, whom he supports. When staff inspected the property it was not occupied by the owner's elderly mother in law, but by the owner's brother and his girlfriend. Mr. Eusebio I. Soria, the applicant, addressed the issue 'stating that he doesn't consider his property a public nuisance and he does not own seven vehicles. He stated that he does not wish to keep the garage as a second dwelling but wants to connect it to the house and build a carport. He admitted converting the garage without permits but stated that it was conducted with safety measures and is safe. He stated that he would request permission to build a single family home and not a second dwelling. He further stated that all vehicles could park separately on the property. 03/16/92 PAGE NINE Pub Nuis appl 626 W. Bayles Comm Dev Dir testimony E. Soria testimony Discussion was held between Councilmembers, Mr. Soria and Discussion Staff regarding the parking problems and illegal conversion of the garage. Community Development Director advised that the Hearing Officer has given Mr. Soria one year to convert the garage back to its original use. Moved by Councilman Naranjo, seconded by Councilman Stemrich Appeal denied and unanimously carried by roll call to deny the appeal; and Order to uphold the order to abate the nuisance and direct the City Abate upheld Attorney to prepare the necessary documents. Moved by Councilman Dangleis, seconded by Councilman Communication Stemrich and unanimously carried by roll call to receive and AB 229, file communication from City of Duarte requesting that the received & City support AB 229, additional options for filling vacancy filed of elective City officers. OTHER BUSINESS/CITY COUNCIL Oth Bus/Cncl Discussion was held regarding plastic barriers at Foothill Discussion and Pasadena. It was consensus of Council to direct staff plstic brirs to seek other solutions than the plastic barriers that are @ Foothill & currently at Foothill and Pasadena. Pasadena Discussion was held regarding the City sponsoring the Discussion nicotine patch smoking program. Councilman Stemrich nicotine suggested that this item be referred to Budget Session. patches Moved by Councilman Stemrich, seconded by Mayor Moses and Consortium unanimously carried by roll call that the Consortium City to clean Crew be directed to end its day's work by cleaning up the Gladstone, area of Gladstone Street and Pasadena Avenue on to Russell Pasadena & Street. Russell Moved by Councilman Naranjo, seconded by Councilman Stemrich COP to take and unanimously carried by roll call to authorize the Chief steps to of Police to take appropriate steps to eliminate parking eliminate problems with vehicles having for sale signs on them on prkg prblms Leton Avenue. Leton Ave. THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 11:32 P.M. Councilman/Director Alexander offered a Resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 92-C36 AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF Clsd Sess THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON MARCH 16, 1992. Moved by Councilman/Director Alexander, seconded by Mayor/Chairman Moses to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council/Agency: AYES: COUNCILMEMBERS/DIRECTORS: DANGLEIS, STEMRICH, NOES: COUNCILMEMBERS/DIRECTORS: NARANJO, ALEXANDER, MOSES ABSENT: COUNCILMEMBERS/DIRECTORS: NONE TIME OF RECESS TO CLOSED SESSION: 10:33 P.M. THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED AT 12:00 A.M. Moved by Councilman/Director Stemrich, seconded by Councilman/Director Alexander and unanimously carried by roll call to adjourn. 03/16/92 PAGE TEN Recess Reconvened Adjourn TIME OF ADJOURNMENT: 12:01 A.M. NEXT RESOLUTION NO. 92-C37 NEXT ORDINANCE NO. 92-013 03/16/92 PAGE ELEVEN