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HomeMy WebLinkAboutMinutes - December 9, 1998 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL ADJOURNED MEETING WEDNESDAY, DECEMBER 9,1998 -6:30 P.M. The City Council of the City of Azusa met in adjourned regular session at the above date and time in the Civic Auditorium. Mayor Madrid called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present Assistant City Manager Craig, City Attorney Carvalho, Community Development Director Bruckner, Rosedale Project Manager Brownfield, City Librarian Maghsoudi, Deputy City Clerk Toscano CONTINUED AGENDA ITEM. Continued Item Proposed Resolution an rovin¢ the execution of a Transfer Agreement for Cable Cable TV Television from Charter Communication to Paul G. Allen. Transfer Agmt City Librarian Maghsoudi addressed the issue highlighting some the benefits of the Transfer City Librarian Agreement for Cable Televison. She stated that the City will not have to pay for a dark fiber comments build up that the City has acquired through the contract, every public or private school and all City facilities will receive a drop for high speed cable modem, and a grant for $50,000 for maintenance; a total of $135,000 will be received by the City $85,000 for programing, web design, and maintenance of technology. Further, the deadline for transfer is December 24, 1998, and the transfer will take effect immediately thereafter. Lastly, she stated that there is no longer need for to go into Closed Session on this subject. Councilmember Stanford offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res. 98-C204 APPROVING THE EXECUTION OF A TRANSFER AGREEMENT RELATING TO A Transfer Agmt TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE FROM Cable TV from CHARTER COMMUNICATIONS ENTERTAINMENT II, L.P. TO PAUL G. ALLEN. Charter Comm. To Paul G. Allen Moved by Councilmember Stanford, seconded by Councilmember Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID COUNCILMEMBERS: NONE 'NOES: ABSENT: COUNCILMEMBERS: NONE CONTINUED DELIBERATIONS ON PUBLIC HEARING - on General Plan Cont. Pub Hrg Amendment GPA 96-1, Zone Change Z-96-1, Rosedale Specific Plan, vesting Tentative Rosedale Tract Map TTM 52263, Environmental Impact Report, and Development Agreement, for Project property located at 18331 Foothill Boulevard, Azusa. Community Development Director Bruckner stated that responses to comments received on Com Dev Dir November 30'~ and Dec. I' and Dec. 2nd., were now available. comments Biological Resources Mayor Madrid expressed concern regarding the care of oak trees, and requested that staff be consistent with the County Ordinance as it is more aggressive in its care for oak trees in general. Community Development Direoior responded stating that the City does not currently have such an ordinance, but, they are requesting that the developer be responsible, that they undertake an oak tree survey and that would occur at the subdivision level. Discussion was held regarding the procedure for replacement, relocation of oak trees. Ms. Laura Stetson of Cotton/Beland Associates, responded to questions posed stating that they do not generally replace dying and dead trees; they replace healthy trees with healthy trees; it's at the discretion of the Council to set the size of the trees, since there is no ordinance in place. Discussion was held regarding options for the replacing of the mature oak trees, such as, adopting the County Ordinance or adopt specific conditions of approval. City Attorney Carvalho advised that staff could bring back a review of the County Ordinance and possibly adopt the ordinance by reference. Community Development Director Bruckner stated that staff is noting concerns of Council and will be preparing a response to them. Mitigation measures - Beatty Canyon. Mr. David Linden of Monrovia Nursery Company responded to questions posed by Council stating that they are not sure if they are going to grade in that area in question, as it is nine, one hundredreth of an acre, and if they do, they will have to obtain a Streambed Alteration Permit. Discussion was held regarding the difference between applicant request, the Planning Commission recommendation, and the Addendum/Errata on Mitigation Measures pages MM -9. Staff responded. Mineral Resources - Hazards Mayor Madrid expressed concern regarding methane gas that is currently being emitted from the landfill site at the nursery. Ms. Laura Stetson of Cotton/Beland Associates, responded stating that at the time the EIR was being prepared that was not an issue of concern. Mr. David Linden of Monrovia Nursery Company, responded stating that the County Health Department said there were no methane emissions from the test well that is in the landfill ,area; the emissions are five parts per million at the bottom of the slope, which they think is normal background methane; there is no methane being generated. Mayor Madrid expressed concerns regarding the validity of testing, stating that some testing may be old, and there could possibly be re -testing. Ms. Lisa Brownfield responded stating that some ofthe testing may be old but most of the testing was done within the past 5 or 6 years. Councilmember Rocha requested that the Monitoring frequency and Reporting frequency of the Mitigation Measure regarding pesticides and other chemicals that are stored, mixed or otherwise handled, etc, at the Monrovia Nursery, be monitored annually, not only on violation, and that it be reported annually to Council. Discussion was held between Councilmembers and staff regarding impacts between start of construction and end of construction; staff responded that a Health Risk Assessment is recommended to study these impacts. Mayor Madrid requested that ongoing monitoring be imposed as a condition of approval of where chemicals and pesticides are stored; further, she expressed concern regarding the high occurrence of disease and that is not being addressed. Lengthy discussion was held regarding the issue of the surrounding area residents/or employee contracting cancer due to the chemicals. City Attorney Carvalho advised that one of the conditions of approval on the project is that staff looks into doing a full risk assessment, and that staff will coordinate it so the issue will appear in the Mitigation Monitoring Plan as well as in the Environmental Impact Report. ,Mr, Cliff Shuster, Attorney for Azusa Unified School District, responded to questions from Council stating that they will be doing additional testing of the proposed school site and if it doesn't come out clean they will reject the site. Discussion was held regarding the process of school site testing, etc. Mr. Joe Manisco, Attorney for Lewis Homes, addressed the issue suggesting that a mitigation measure be added that requires that the School District and the California Department of Education accept a school site, which would insure a clean site and in the MOU the site is listed as usable acres. 12/09/98 PAGE TWO Biological Resources Madrid comments Discussion re: oak tree options for oak trees Mitigation Measures - Beatty Cyn Mineral Resources - Hazards concerns & comments Discussion Health Risks & monitoring Discussion School Site comments Traffic Traffic Mayor Madrid expressed concern regarding intersections that will be impacted by the Rosedale project, but were not included in studies, such as, Todd Avenue and Sierra Madre Avenue, Todd Avenue and Foothill Boulevard, and Vernon Avenue freeway on ramp. Community Development Director Bruckner responded stating that at the time the traffic analysis was done, it was not felt that a great impact would be created along the Todd Avenue corridor, but since the analysis was done it is recognized it may be a possibility; it is being proposed that a condition of approval will be added that before and after studies and that any mitigation measures that will be necessary to improve those intersections to capacity, the ,developer will have to pay for those. Further, that the studies will take place prior to commencement of grading for Phase I, after study will be conducted after Phase H and upon 40 % build out of Phase IV. Discussion was held between Councilmembers, applicant, staff and Gary Hamrick, of Meyer, Mohaddes and Associates, regarding traffic studies, fair share portioning estimation, the traffic fund of one million dollars, the question of the sufficiency of the traffic fund, placement of signals within and out of the project area and how this will be addressed. City Attorney Carvalho advised that the master map and individual tract maps will go through the Planning Commission process and to Council for final approval; and at that time further impacts could be identified and impose certain conditions to deal with those issues. She responded to question stating that she would look into options to deal with financial issues. Mr. Pat Loy advised that internal traffic signals would be required as warranted by a traffic engineering study and, if needed, they would be at the developer's cost. Mr. Hamrick added that there would be many studies regarding traffic and it would then be looked at more closely. Discussion was held regarding a means for traffic calming at Pasadena Avenue and 9"' Street and when the before and after traffic studies should be held and it was again reminded that when tract maps are presented, the issue would be addressed. It was consensus to create a mitigation measure to have continual review and gradual mitigation as traffic increases in order that by the time project is complete, all problems will be mitigated. .,Lengthy discussion was held between Councilmembers, staff, and applicant, regarding the easibility of grade separation railroad crossing and impacts of the area of Foothill Boulevard Wand Citrus Avenue, options presented by MTA regarding closure of crossings, as well as impacts on Mankowski Homes, Citrus College, etc. It was consensus of Council that there is a need for further studies, information, and options from MTA, regarding the issue. It was also consensus that Councilmembers Stanford and Beebe, and staff meet with staff of MTA regarding alternatives to be explored. Councilmember Rocha expressed concerns regarding Sierra Madre Avenue being widened up to east of D Street to Barranca Avenue, and a possible bottle neck effect. Mr. Hamrick responded that he know of no potential widening of Sierra Madre Avenue. A summary of Traffic issues are as follows: RR crossing, 9`s Street traffic calming, - more information on grade separation, alternatives from MTA, contact various adjoining land uses to determine whether or not there solutions proposed from those entities, subsequent traffic analysis to see if one million dollars is adequate for traffic mitigation measures, change condition of approval with respect to subsequent studies that will be done with regard to the Todd Avenue Corridor. Ms. Lisa Brownfield advised that there was a need to note Planning Commission recommendations on page MM -6, Traffic Circulation mitigation measure #8 regarding Foothill Boulevard and Citrus Avene, PC has recommended new wording, that a Citrus 11venue corridor study be conducted to evaluate and resolve Citrus Avenue traffic issues, other tudy participants include Citrus College, APU, Glendora, City of Azusa, Mankowski Homes and other residents as long as they are willing to participate and that some of million dollar fund will go to fund some of this study. It was noted to add the Lutheran Church. Com Dev Dir comments Discussion Discussion re: feasibility grade separation Foothill & Citrus Avenue Rocha concerns Summary of Traffic Issues L. Brownfield comments Additional discussion was held between Councilmembers, staff, and applicant regarding Addnl. traffic signals. Discussion was held between Councilmembers and staff regarding Planning discussion Commission Recommendations #8, and 8A. Clarification: on page MM -8, rejecting proposal to include items 9, of 8a, 8b, and 8c, take out 8b, which is addressed in the mitigation monitoring plan. 12/09/98 PAGE THREE Noise Noise Ms. Laura Stetson of Cotton/Beland/Associates explained how the noise analysis was done. L. Stedson She advised that since there was a discrepancy it will be brought back with answers on comments Monday. Councilmember Stanford asked if they were going to allow construction on Saturday and was advised that the issue is addressed under construction impacts and will be discussed at a later date. Fire Protection Services City Attorney Carvalho detailed options for Fire Service for the Rosedale project. She stated that the City contracts for fire and paramedics with the LA County Fire District, and each year the Fire District looks at City and its needs, consults with staff and provides with a bill for how much fire service will cost for that year. There is a 6 year contract and could increase costs up to 7% per year. She stated that once the land is annexed to the City and once the Fire District comes up with a cost for fire service, the question is whether the City will include that area within the City contract, to be added to the City's service area, or whether the County will continue to provide service there without charging the City an additional amount under the contract. She stated that an option is that LA County Fire will charge the 2.3 million dollars for service it currently charges and we will continue to charge 2.3 million dollars for service, they will not charge for the service for the new project, but, will continue to take the same percentage from the property taxes they are currently receiving. She stated that this is the proposal that they would like to continue to receive the same property percentage from the property tax; staff has conferred and would like to know more about what the cost is for fire service before they agree to that. She noted that .17 on the dollar for undeveloped land is a lot less than.17 on the dollar for developed property valued at $200,000, and advised that the issue is that staff has requested that LA County provide them with their assessment or estimate of what it will cost to provide the service. She then answered questions posed by Councilmembers and discussion was held regarding the issue. Mr. Pat Loy addressed the issue stating that in speaking with the LA County Fire, they have stated that Rosedale will be responsible for about one third cost of the fire station; a proposed site will be next to the existing fire station, and the fire department will pay if they receive the special tax and receive the .17 on the dollar. City Attorney and Councilmembers discussed inegotiations strategies as well as the current contract. Public Schools. Ms. Nancy Moore of the Azusa Unified School District, answered questions posed by Mayor Madrid regarding size of school, stating that the State has guidelines for size of schools and that they are at the appropriate acreage for the school. Mr. Cliff Shuster Attorney for AUSD, explained the guidelines in kids vs square footage and advised that he would provide a comparison report regarding the current schools in Azusa and proposed Rosedale school i.e. name, number of kids and acreage. He also answered questions from Council stating that he is satisfied with the Memorandum of Understand between AUSD and the Developers and it will be part of the Development agreement. Fire Service City Attorney comments P. Loy comments Public Schools N. Moore & C. Shuster responded to questions Maintenance of Debris Basins and other Flood Control Facilities. Debris Basins Discussion was held regarding storm water and where it goes. Additional information & other Floor regarding the issue will be brought forth on Monday. Control Fac. Drainage, Utilities, and Service Systems. Community Development Director Bruckner noted that Planning Commission made a recommendation on page MM -14, that a curb side recycling program will be instituted for all single family, multi -family, residential developments when the City institutes such a program wide. Discussion was held regarding MRF, compliance with AB939, a proposed ,City transfer station for the City, the term of multi -family for the project, and concerns about the amount of trash, solid waste to be generated and the need for a recycling program. 12/09/98 PAGE FOUR Drainage, Utilities, and Service Systems City Attorney Carvalho noted that the following Closed Session items that were continued City Attorney from the regular meeting of December 7, 1998, would not be discussed tonight: advised CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code Sec. 54956.8 Property: 616 North McKeever Avenue Negotiator: Mr. Roy Bruckner, Community Development Director Under Negot. Terms and Price of Sale. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code Sec. 54956.81 Property: Public Right-of-way throughout the City of Azusa in which Charter Communications has obtained easements for cable utilities. Negotiator: Mr. Rick Cole, City Manager Under Negot. The terms and consideration for the potential sale or exchange of easements. It was consensus of Council to recess to Closed Session to discuss the following: Closed Session CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code Sec. 54956.81 Property: Real Property Water Rights held by the City of Azusa and Monrovia Nursery. Negotiator: Mr. Joe Hsu, Utilities Director Under Negotiation: The terms and price of the sale and/or exchange of real property water rights. Recess: 9:35 P.M. Recess Reconvened: 10:29 P.M. Reconvened City Attorney Carvalho advised that there was no reportable action taken in Closed Session. City Attorney advised no rpts ,It was consensus of Councilmembers to adjourn to Monday, December 14, 1998, at 6:30 p.m. Adjournto in the Civic Auditorium, in order to continue deliberations on the Rosedale Development 12/14/98 Project. TIME OF ADJOURNMENT: 10:30 P.M. _/� 1= DEPUTY CITY • E• 'NEXT RESOLUTION NO. 98-C205 NEXT ORDINANCE NO.98-017. 12/09/98 PAGE FIVE