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HomeMy WebLinkAboutMinutes - December 3, 1998 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL SPECIAL MEETING THURSDAY, DECEMBER 3,1998 -6:50 P.M. JeThe City Council of the City of Azusa met in Special Session at the above date and time in e Civic Auditorium.. Mayor Madrid called the meeting to order. ROLL CALL PRESENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID ABSENT: COUNCILMEMBERS: NONE T5 ALSO PRESENT: U City Manager Cole, City Attorney Carvalho, Assistant City Manager Craig, Community Development Director Bruckner, Rosedale Project Manager Brownfield, Deputy City Clerk Toscano CONTINUED PUBLIC HEARING - deliberations on General Plan Amendment GPA 96- 1, Zone Change Z-96-1, Rosedale Specific Plan, Vesting Tentative Tract Map TTM 52263, Environmental Impact Report, and Development Agreement, for property located at 18331 East Foothill Boulevard, Azusa. t ayor Madrid announced that remarks by the applicant at the last meeting were not shown n Cable Television and requested Mr. Pat Loy of Lewis Homes and Mr. David Linden of Monrovia Nursery Company to repeat their closing remarks for the cable viewing audience. (A summary of their remarks were recorded in the minutes of Wednesday, December 2, 1998). City Manager Cole welcomed all and advised that questions that have been raised by public input should be responded to and also there is a need to clear up mis-interpretations and information. He also stated that comments made pro or con should be included as additional mitigation measures and/or conditions of approval. Lastly, since some ofthe questions raised have been complex regarding density, and fiscal neutrality issue, etc, will be responded to next Wednesday, December 9, 1998. Call to Order Roll Call Also Present Cont. Pub Hrg Rosedale Project Mayor Madrid comments P. Loy & D. Linden comments City Mgr comments Mayor Madrid questioned the status of utilizing digitized maps of the project. Community Mayor Madrid Development Director Bruckner responded stating that digitized maps will take a budget and comments could be ready in approximately two weeks. Community Development Director Bruckner read into the record responses to questions Com Dev Dir posed during public testimony, a copy of which is incorporated in these minutes. Some comments/ responses needed more research and will be responded to next week. responses Ms. Michelle Ouellette of Best, Best, and Krieger, responded to question posed by the M. Ouellette Mayor, that in order to certify the Environmental Impact Report (EIR), there is a need to BBK - response make certain findings, which are: that the evidence including the EIR has been reviewed, to question and find that based on independent judgement the EIR complies with CEQA, and that it includes the analysis and mitigation measures in the matrix. She suggested that Council proceed with going through sections of the EIR based upon environmental impacts such as water, hazards, etc., then proceed with the mitigation monitoring reporting plan, "the matrix". City Manager Cole stated that staff is preparing additional detailed responses to some of the City Mgr issues regarding density and recommended that discussions regarding environmental comments mitigation measures related to lot size and unit count, be deferred until they respond. FF EIR - Population and HousinP. Population & Mr. Patrick Mann of Cotton-Beland, responded to questions posed stating that figures for Housing population, etc., are current as the time the EIR was prepared and used the Department of Economic Impact Finance as a source. Mayor Madrid wondered why the elimination of 1,600 jobs at loss of 1600 Monrovia Nursery was not listed as a sociological economic impact. Mr. Mann responded jobs that sociological economic impacts are not a topic for CEQA, but may be addressed through conditions of approval for the project. City Manager Cole advised that staff could bring to Council the plans that Monrovia Nursery Company has for their current employees and staff can add additional thoughts on how to best mitigate the loss of employment to the people. ,Geology Geology Mayor Madrid asked where the set backs will be for the fault lines. Community Fault Lines Development Director Bruckner responded stating that they will be people's back yards, open D. Linden space and some roads will cross them. Mr. David Linden addressed the map and pointed out comment three faults that were found and explained each one. Mr. Mann of Cotton and Beland explained the artesian groundwater conditions stating that Artesian it means if you tap into the water, there's pressure sufficient to raise above the ground level. Groundwater David Linden and Mr. Mann responded to questions regarding protection for peak rain flows, D. Linden/Mann 'and drainage, stating that a mitigation measure in already in place as part of the plan for these Drainage issues. Mayor Madrid expressed concern regarding water run off that may percolate to a degree. Madrid/Cole City Manager Cole responded stating that a potential mitigation measure could be that the Water Run Off drainage plan could be reviewed subsequent to the approval under mitigation measure 1, to enhance re -percolation through more natural drainage systems than are typically built today according to more traditional standards. That would part of the ABM study that was brought outside the hearings. Mr. Mann responded to question regarding the ratio of the lot coverage standards and stated that this be referred to staff to look at as part of the density issue. Discussion was held between Councilmembers, staff and the applicant regarding water being Discussion allowed to percolate naturally, mitigation measure 7, the Canal that runs through the re: Water property; discussion was held regarding memoranda of understandings (MOU) as they relate issues to the Conditions of Approval and Development Agreement. City Manager advised that all the Conditions of Approval can be imposed on this project but, the developer is not required to have the Development Agreement, but also, that would expose the developer to risks if they did not have one. Ms. Ouelette advised that mitigation measures 7, 8, and 9, have been requested by the applicant and recommended by staff to be deleted. City Manager Cole explained why they were deleted: at this time the City does not have reclaimed water, the City is not aware of any permitted systems in California regarding gray water systems, and the City never has imposed/required low flush toilets in developments within the city. City Manager Cole advised that if the project were to go forward and the purchase of the water rights were to go forward, there would be excess water. Ms. Ouelette advised that Mitigation # 11 is now #8. It was noted that water issues are percolating water and the water agreement, and the disparity of acre footage. Councilmember Rocha requested that when grading will takes place, that residents in the area Rocha of Dalton school and on Pasadena Avenue be notified, by possibly posting signs in the area comment that grading will take place. Other methods of notification were discussed, such as, cable television, posting boards, etc. 12/03/98 PAGE TWO Lengthy discussion was held between Councilmembers and staff regarding the process of Discussion Cb reviewing the EIR, mitigation measures and matrix of mitigation measures placed by the EIR review Planning Department. Council and staff then referred to the Mitigation Monitoring and & Mitigation Reporting Program Checklist and scanned the Geology section as well as other sections. Monitoring Water Resources Water Resources Mr. David Linden of Monrovia Nursery Company responded to question regarding blue line D. Linden streams, and referred to the map of the project, stating that if there are any, they would be in comments Beatty Canyon, and Mr. Mann responded that there is a blue line stream in Beatty Canyon and are not part of the development area. David Linden and Mr. Mann responded to questions regarding protection for peak rain flows, D. Linden/Mann 'and drainage, stating that a mitigation measure in already in place as part of the plan for these Drainage issues. Mayor Madrid expressed concern regarding water run off that may percolate to a degree. Madrid/Cole City Manager Cole responded stating that a potential mitigation measure could be that the Water Run Off drainage plan could be reviewed subsequent to the approval under mitigation measure 1, to enhance re -percolation through more natural drainage systems than are typically built today according to more traditional standards. That would part of the ABM study that was brought outside the hearings. Mr. Mann responded to question regarding the ratio of the lot coverage standards and stated that this be referred to staff to look at as part of the density issue. Discussion was held between Councilmembers, staff and the applicant regarding water being Discussion allowed to percolate naturally, mitigation measure 7, the Canal that runs through the re: Water property; discussion was held regarding memoranda of understandings (MOU) as they relate issues to the Conditions of Approval and Development Agreement. City Manager advised that all the Conditions of Approval can be imposed on this project but, the developer is not required to have the Development Agreement, but also, that would expose the developer to risks if they did not have one. Ms. Ouelette advised that mitigation measures 7, 8, and 9, have been requested by the applicant and recommended by staff to be deleted. City Manager Cole explained why they were deleted: at this time the City does not have reclaimed water, the City is not aware of any permitted systems in California regarding gray water systems, and the City never has imposed/required low flush toilets in developments within the city. City Manager Cole advised that if the project were to go forward and the purchase of the water rights were to go forward, there would be excess water. Ms. Ouelette advised that Mitigation # 11 is now #8. It was noted that water issues are percolating water and the water agreement, and the disparity of acre footage. Councilmember Rocha requested that when grading will takes place, that residents in the area Rocha of Dalton school and on Pasadena Avenue be notified, by possibly posting signs in the area comment that grading will take place. Other methods of notification were discussed, such as, cable television, posting boards, etc. 12/03/98 PAGE TWO 1;5t I"� Air Quality Air Quality Mayor Madrid expressed concerns regarding construction emissions, stating that she would Discussion like to see a way to wash areas clean of migrant dust. Further, she expressed concern regarding air bome pollutants. Discussion was held between Councilmembers regarding the issue. Discussion was also held regarding pedestrian activity and cul-de-sacs, there will be no walls at the end of them, in order for people to walk through. Further, it was noted to make sure that the tree committee reviews this issue of trees and that they have the type of trees that are best to absorb the air pollution. Lengthy discussion was held between Councilmembers, staff and the applicant regarding dust Discussion control during construction of the Rosedale project, specifically, in the areas of Old Mill re: air quality Road, Palm Drive, along Dalton School, etc. Discussion included proposed mitigation mitigation measures, stabilizers, monitoring frequency, etc. Mr. Mann suggested that with regard to measures monitoring frequency, the wording "continuously during construction and/or whenever grading is ongoing" could be added. City Manager Cole suggested to bring back an expanded mitigation measure relating to the schools, and further, City and developers will work with neighbors to work on how to address human concerns. Additional discussion was held regarding the AQMD, requirements, standards and air quality in general. Discussion was held regarding the use of reclaimed water to be used for dust control, and it was noted that the company will bring in the water. 2 Discussion was held regarding the control of vehicle emissions and it was noted that each Discussion CZ garage will have a outlet for charging station for an electric vehicle. d Mayor Madrid expressed concerns regarding traffic circulation on Todd Avenue and Foothill Mayor Madrid Boulevard, Foothill Boulevard to Irwindale Avenue and the Vernon Avenue on and off ramp concerns re: and Vernon Avenue at Ninth and Tenth streets. traffic cir. City Manager Cole responded and provided a summary of the policy frame work as it relates City Mgr to traffic mitigation. He stated that there is a legal obligation under CEQA to study the traffic comments impacts and to mitigate significant levels of impact and that from a policy standpoint, staff has Traffic taken a pro -active stance on this by looking at the first level which is to look at the traffic Mitigation impacts generated by the project which will be on streets and intersections beyond the borders of the project. These questions are asked: how much does the project add to the existing traffic and is the addition of that existing traffic at a significant level? What do you do about those levels of significance that may be generated by this project and this project alone? How do you pay for them? He stated that to address these issues, they have identified the one million dollar traffic mitigation fund to allow the City to deal with traffic that will flow through the entire City. He then answered question by Mayor Madrid regarding the issue. Councilmember Beebe suggested that the money be invested in order to use it as the project Beebe grows. Additional discussion was held. comments It was consensus of Councilmembers to adjourn. TIME OF ADJOURNMENT: 9:35 P.M. (',lc Ge ".."otl_� DEPUTY CITY CLERK NEXT RESOLUTION NO.98-C195 NEXT ORDINANCE NO. 98-016. 12/03/98 PAGE THREE Adjourn 42 fte 4 RESPONSES TO PUBLIC COMMENTS RECEIVED ON NOVEMBER 30,1998, DECEMBER 1,1998 AND DECEMBER 2,1998 AT THE CrrY OF AZUSA CITY COUNCIL MEETINGS COMMENTOR COMMENT RESPONSE James Cook, 1. Ensure the text of Lewis Home's commitment to the 1. Condition of Approval 49 and Land Use Mitigation Measure Fairmount Cemetery is accurate in any conditions of approval and 3 shall read: Cemetery mitigation measures. Prior to the Issuance of any grading plan, tentative tract map or other development entitlement within Phase 4 of the 2. Ensure that water service to the cemetery be provided Specific Plan, the developer shall provide the City with during the construction phase. documentation indicating an agreement... 3. Ensure suitable access to the cemetery is provided. 2. New Condition of Approval: The applicant or builder shall ensure that water service to the cemetery is provided throughout the project's construction. 3. New Condition of Approval: The applicant or builder shall ensure suitable access to the cemetery. Art West, Azusa In order for an underlying HOA or CC&R to be effective, An HOA is typically formed to maintain private property. resident roads must be private However, an HOA may be contractually obligated to collect assessments and remit funds to a public agency and the public agency's use of such funds may be restricted for funding of public property maintenance. COMMENTOR COMMENT RESPONSE Jim Mihalka, 1. Who will pay for signal synchronization? 1. The developer will partly pay for signal synchronization as Covina resident part of the $1 million traffic mitigation fee. Other signal work 2. How much will Azusa pay other jurisdictions for Is being funded at the regional level. increased road maintenance cost and police accident investigation cost for traffic impacts at Azusa/ Arrow 2. Measure 9a In the Traffic/Circulation section of the EIR Highway, Citrus/Alosta, Barranca/Alosta, Grand/Baseline. provides for Improvements to mitigate impacts at the Grand/Baseline intersection. Glendora will be responsible for 3. Why no notification given to the Citrus/Baseline long-term maintenance costs and police response, just as homeowner whose home is proposed to be removed as a Azusa will continue to be responsible for intersections within its result of S-15? jurisdiction that accommodate traffic generated within Azusa and adjacent cities. 3. The EIR provides for "smart corridor" alternatives to hard engineering solutions to traffic flow improvements. At this time, the City has not determined that any removal of houses will be required to accommodate planned Improvements at CftrusBaseline. Any future road widening that requires right- of-way acquisition will be subject to project -level environmental review, and any property owner directly or indirectly affected will be notified at that time. 2 6" a" I oft COMMENTOR COMMENT RESPONSE Jim Mlhalka, 4. Where is the solid waste going to go. Athens Disposal 4. The EIR identifies impact as significant and unavoidable. Covina resident has requested to increase the amount of trash held Trash will be routed to area landfills which are nearing continued overnight. This impacts Hacienda Heights residents, include capacity. For this project and all residents and businesses this discussion in the EIR. using Athens Disposal (or any future City contractor), continued efforts will be necessary to encourage waste volume 5. Since S-41 was eliminated, who will pay for run off reduction. Waste generation continues to be a regional collection? Lewis Homes must pay for all costs associated concern requiring cooperative, regional solutions. with their runoff. 5. The measure referenced on page S-41 of the EIR was eliminated because the revised Specific Plan eliminated on-site flood control facilities requiring maintenance by the Los Angeles County Department of Public Works. Mary Denton, How deep are the soil tests? Soils borings were performed at depths of up to 66 feet. The Glendora resident standard methodology used involved testing soils at the test location at varying depths, down to depths at which contamination levels no longer exceed health -based cleanup levels. Ron Le Gault, 1. Are there Indian burial grounds? Responses are being prepared. Azusa resident 2. Chemical release/rust in barrels north of Sierra Madre Avenue behind hills? 3. Potential UST leakage? 4. Continued pesticide use. 3 am oft oft COMMENTOR COMMENT RESPONSE Barbara Mee, 1. Study Barrance/Sierra Madre & FoothiWBarranca I. Both Barranca/Sferra Madre and Foothill/Barranca Glendora resident intersections. intersections were studied as part of the EIR traffic study. The Barranca/Sierra Madre intersection was determined to be a 2. Used outdated traffic data. potential significant impact location, and mitigation measures are recommended. The recommended mitigation measure is 3. Will this project have any down payment assistance to signalize the Intersection upon approval of the City Engineer program? and when traffic conditions satisfy Caltrans warrants for the Installation of a traffic signal. The intersection of 4. Why doesn't "B" St. extend along the entire Glendora Foothm7l/Barranca was assessed and it was determined that the Boundary south to the proposed commercial area to project -related impact will be less than significant and that the connect to Citrus? intersection will operate at a good level of service. 2. New traffic counts were taken at all study intersections when both Azusa Pacific University and Citrus College were in session. The counts were conducted in October 1997 and therefore reflect current conditions (traffic data is generally considered to be current for an approximate two year period, depending on local changes in land use.) 3. No information has been provided to the City by the applicant regarding any specific sales incentive programs. 4. The land planners saw no particular need to extend a secondary street south in this manner, when the area can be served by future local streets. Gil Trujillo, Azusa AUSD costs must be part of FIR because 8/98 goal was The City's control and jurisdiction does not extend to the resident fiscal neutrality for both City and AUSD. School District. The Planning Commission recommendations incorporates AUSD's Memorandum of Understanding with Monrovia Nursery Company. 4 COMMENTOR COMMENT RESPONSE M. Miasnik, Azusa 1. Vesting Tentative Tract Map is inadequate 1. The proposed use for Palm Drive response is being resident What is the proposed use for Palm Drive? prepared. 2. Specific Plan is inadequate 2. Staff recommends that the Specific Plan's General Plan Include Historic and Cultural Resources, Recreation consistency discussion incorporate the Planning Commission Element, and Scenic Highway Element (as pertains to Palm Staff Report's consistency discussion regarding the Historic Drive) discussion in the General Plan consistency discussion. Preservation and Scenic Highway elements and the recreation policies. 3. Noise: a) Table 20 of August 1997 report vs. Table 21of February 3. Response is being prepared. 1998 report. Although, essentially, the same 24-hour existing volumes, the streets/areas that were impacted in the fust report were not impacted in the revised report. It appears that in the revised EIR, the traffic was shifted to the future w/out project, effectively eliminating the noise impact due to the project. b) Analysis is contrived, restudy, Sierra Madre, Citrus, Foothill. 4" am see COMMENTOR COMMENT RESPONSE Cecilia Bremer, 1. How many units will be in a townhouse cluster or 1. Within the fine grain approach, no more than 35 to 65 units Azusa resident grouping? of any type shall be constructed in a neighborhood. As such, a townhouse cluster or grouping will have no more than 65 units. 2. Will there be separate homeowner associations for each townhouse cluster or grouping? 2. According to Lewis Homes, it is probable that each townhouse cluster or grouping will have a separate 3. When will Sierra Madre become a 4 lane road? homeowners association. 4. Will dirt be imported, and if so from where, what country? 3. The Specific Plan proposes Siena Madre Avenue will Contaminated soil is an issue. become a 4 lane road in Phase 3. 5. Will a City staff member be assigned as a liaison with the 4. The applicant has stated that the grading will be balanced developer during implementation? on site with a slight excess on the eastern project boundary. Where this occurs, the fill will extend slightly onto the Monrovia Nursery Company's property east of the project boundary. 5. The City anticipates assigning the Senior Planner to the Rosedale project's implementation. Ed Hlava, Azusa 1.What are Citrus Avenue's existing traffic counts and 1. Existing traffic counts on Citrus Avenue indicate a traffic resident proposed volumes flow of approximately 11,600 vehicles per day between Alosta Avenue and Foothill Boulevard and 17,300 south of Alosta Avenue. The project Is expected to add approximately 3,000 to 5,000 vehicles per day, which would increase the daily traffic flow north of Alosta Avenue to between 14,600 and 16,600 vehicles per day, representing an increase of 26% to43% at that location on Citrus Avenue. During the PM peak hour, the roadway carries approximately 1,200 vehicles per hour at that location. The project is expected to add approximately 300 to 500 vehicles during the peak hour. N. am oft oft COMMENTOR COMMENT RESPONSE Pat Johansen, 1. EIR's mitigation measures not sufficient for the 1 and 2. The landfill is considered, for the purposed of Glendora resident excavation of the land fill. developing the site, as unconsolidated fill material unsuitable for supporting development. Mitigation measure 1 on page 2- 2. Add mitigation measures to test soil after landfill's 32 of the EIR requires such material to be removed or removed excavation to see if soil safe. and re -engineered to the satisfaction of the City Engineer. To clarify this measure to ensure that its applicability to the 3. Add mitigation to ensure that developer is responsible for landfill, the City could add the following mitigation measure: all street damage due to construction truck use, regardless of jurisdiction. la. Prior to the issuance of building permits for that area of the site overlying the landfill, all landfill materials shall be removed 4. Are trucks carrying excavated materials covered? and disposed of in accordance with Rule 1150 Excavation Permit from the South Coast Air Quality Management District 5. Add a condition of approval to convene a meeting with all obtained by the developer for landfill excavation. Following residents impacted by proposed construction truck routes. excavation, tests of the soils will be conducted to ensure no contaminants exist in levels exceeding health -based cleanup levels. Any necessary remediation will be completed. 3. Response is being prepared. 4. In accordance with the Rule 1150 Excavation Permit, no material shall extend above the sides or rear of the truck or trailer which will haul the excavated material. All trucks hauling excavated material offsite shall be covered. 5. Staff agrees. COMMENTOR COMMENT RESPONSE Greg Parham, 1. Infrastructure costs will be bome by the homeowners' Response is being prepared. Glendora resident association. What will happen if the owners don't pay special assessments? 2. Will the City identify the homeowners' association from liability associated with the streets, parks, etc.? 3. How will the City "bail out" faulty infrastructure?