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HomeMy WebLinkAboutMinutes - December 3, 2001 - CC' CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 3, 2001 - 7:30 P.M. The City Council of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium. CEREMONIAL Ceremonial Council and audience attended the Azusa Tree Lighting Ceremony held at 6:00 p.m. in front Tree Lighting of City Hall. Ceremony Convened in the Azusa Auditorium at 7:30 p.m. to conduct the regular portion of the City Convene Council meeting. Mayor Madrid called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION was given by Mark Carlson of the First Presbyterian Church, Dr. Ramin of the Invocation Moslem Temple, and Pat of the Dhammakaya Buddhist Temple in Azusa. ,ROLL CALL PRESENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: City Attorney Carvalho, City Manager Cole, Assistant City Manager Person, Library Director Tovar, Economic/Redevelopment Director Andrews, Chief of Police Davis, Utilities Director Hsu, Community Development Director Bruckner, Planning Secretary Rocha, City Engineer Abbaszadeh, Associate Director Recreation and Parks Noriega and Jacobs, Director of Head Start Garcia, Assistant Community Development Director Onaga, City Treasurer Macias, City Bob Tang, Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Roll Call Also Present Public Part. Ms. Tina Firestone, Executive Director of the Azusa Chamber of Commerce, announced the T. Firestone Chamber Mixer at EI Encanto, on Tuesday, December 11, 2001, from 5:30 p.m. to 7:00 p.m. C of C ata cost of $5.00, to be held jointly with Ms. Peggy Martinez and the Azusa Downtown P. Martinez Business Association. ADBA Fcs.�e ggy Martinez of the Azusa Downtown Business Association provided an update on P. Martinez tivities in the Downtown area stating that kids from Azusa High, Slauson Middle and Foothill comments Middle schools spent a day last week painting windows for Christmas Holiday in the downtown area, and that on December 13`" there will be Christmas Caroling on Azusa Avenue from 5:30 p.m. on by ADBA and five different church groups from Azusa. REPORTS. UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Updates/Rpts City Manager Cole introduced Mr. Albert Tovar, new Library Director, detailing his extraordinary CityMgr career history and vast experience in the Librarian profession. Mr. Tovar expressed his comments/intro appreciation for the opportunity to work for the City and for the support he has received. A. Tovar Lib Dir City Manager Cole announced the City Departments Holiday schedule as follows: City Manager Receptionist, Police Department, Light and Water Customer Service, will be open during Holiday normal working hours and Library will have short working hours as well as the Building schedule Department. There will be a workshop on December 19' at 6:30 p.m. in the Library to talk about street sweeping. He then noted items to count blessings for, such as: Chamber/ADBA Mixer, Teen age dance at memorial park, the Winter Festival, and the Tree Lighting Ceremony. An item of subsequent need arose regarding Azusa -Enron agreement and the filing of Item of Sub - bankruptcy by Enron. It was moved by Councilmember Hardison, seconded by sequent need Councilmember Stanford and unanimously carried to accept the item as an emergency item. Azusa -Enron Moved by Councilmember Hardison, seconded by Councilmember Stanford and unanimously Agreement F arried to agendize the item under Closed Session, Conference With Legal Counsel, overnment Code Section 54956.9 (b). Mayor Pro -Tem Chagnon thanked Associate Directors Noriega and Jacobs for the success of Chagnon the Winter Festival as well as the Tree Lighting Ceremony and wished all a Happy Holiday. comments Councilmember Rocha thanked all for donations to the Azusa Food Bank, he advised that the Rocha kids at Foothill helped deliver 1 101 can foods. Jody Hardison, Keith and Diane Chagnon and comments Joe and his grandchildren all picked up food donations at different locations. He asked that the meeting be adjourned in memory of Claudia Advenou, Conception Garcia and Joe Pedroza. Ms. Anna Fern, Amelia Acosta, and Megan Ahern addressed Council thanking them for their AHS Girls consideration of a $100 sponsorship to the Azusa High School Girls Varsity Softball Team to VarsityTeam go towards the purchase new uniforms. It was consensus of Council to approve the request. Councilmember Stanford advised that Officer Paul Dennis of the Azusa Police department has Stanford put together a re-enactment of a hate crime that occurred at the Foothill Shopping Center and comments that interviews will be held next week for candidates who have applied for the newly created Human Relations Commission who will be addressing such crimes. He advised that the police department has recently purchased bean bags and rubber bullets to use. He then displayed a map and explained where the Azusa water comes from, not from contaminated areas as a recent newspaper story stated. He explained the process of how Azusa gets it's water and about the ground water. Lastly, he advised that three Azusa Pacific University ,students were killed in a car accident over the past week -end. Councilmember Hardison thanked Park and Recreation staff for the Tree Lighting Ceremony Hardison and also asked if the lights in the downtown area should be lit up. City Manager Cole comments responded stating that the energy was reduced because of the energy crisis, but they will be put back into operation for the Holiday Season. Mayor Madrid thanked all the volunteers that make the winter programs so successful; she Madrid thanked all the religious leaders for their participation in the invocation at tonight's meeting, comments she thanked all the volunteers of Operation Santa Clothes, which serviced 10,000 students this year. She apologized to her colleagues for not having the Debt Policies ready for tonight's meeting but it will be ready for the December 17th meeting. SCHEDULED ITEMS Sched Items PUBLIC HEARING - on the 2000 - 2005 Azusa Housing Element Update (GPA 2001-02). Pub Hrg Hsg Element The Mayor declared the Hearing open. City Clerk.read the proof of publication of notice of Hrg open said hearing published in the Azusa Herald Highlander on November 22, 2001. Assistant Community Development Director Onaga addressed the Hearing stating that the Assistant Com tate announced the availability of a new Jobs/Housing Balance grant program although the Dev Dir Onaga eneral Plan is not expected to be completed until months ahead, in order to qualify for the comments ant program, the city would have to have a State HCD approved Housing Element. We do not have one at this time. The grant funds equate to approximately $300,000. Authorization was given to go ahead with the Housing Element separate of the General Plan in order to be able to apply for the grant, and Cotton/Bridges/Associates were hired to aid the city in putting together a Housing Element to submit to the State for State HCD approval. Ms. Karen Warner of Cotton/Bridges/Associates addressed the issue presenting an overview K. Warner of the housing element. Mr. Onaga re -addressed the issue presenting a strategy for Cotton/Bridges/ complying with some of the state requirements and slides of mix use developments. Associates L. Onaga comments 12/03/01 PAGE TWO Ms. Stacy Kent, Chairperson of the Planning Commission presented the Planning Commission S. Kent recommendation for the Housing Element. comments Ms. Wendy Wertz addressed Council asking if green space was considered. Mayor Madrid W. Wertz and City Manager Cole responded stating the Housing Element is plan to build more housing, comments and there the General Plan will include green space, parks, etc. Moved by Mayor Pro -Tem Chagnon, seconded by Councilmember Rocha and unanimously Hrg Closed carried to close the Hearing. Discussion was held and staff responded to question posed by Councilmembers regarding Discussion FIngle family grant rehabilitation program information to be placed on utility bills, illegal onversions/and the rental housing inspection program and a new Code Enforcement Officer o be hired, transitional housing and a cap on number of beds per house with a conditional use permit and penalties for not having a Housing Element in place. Councilmember Stanford offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING GENERAL PLAN AMENDMENT NO. GPA -2001-02, 2000-2005 HOUSING ELEMENT UPDATE. 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, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE PUBLIC HEARING - on an appeal by Jacqueline Lambrichts, Friends of the San Gabriel River, on the Planning Commission's approval of a request to subdivide a 12.3 acre site into 14 buildable parcels for the development of 14 concrete tilt -up industrial buildings, Precise Plan of Design No. P-2001-114 &Tentative Parcel Map TMP 26484, Todd Avenue Partners, LLC c/o Net Development Company: 1201 N. Todd Avenue. ,The Mayor declared the Hearing open. City Clerk read the proof of publication of notice of said hearing published in the Azusa Herald Highlander on November 22, 2001. Res. 01-C127 Housing Element Update Pub Hrg Appeal of PC decision re: 1201 N. Todd Net Dev. Co. Hrg open Discussion was held between Councilmembers and staff regarding the basis for the appeal Discussion re: and the findings of fact by the Planning Commission. City Attorney Carvalho clarified that appeal/PC Council must determine, based on the Hearing, whether the Planning Commission was correct findings in it's findings. Assistant Community Development Director Onaga addressed the Hearing providing a brief Assistant Com summary of the project. He stated that the Planning Commission discussed the issue at two Dev Dir separate meetings; the following is a summary of changes that were made in response to comments concerns raised at the October 10`" meeting: A ten (10) foot wide landscaping strip has been provided along the west side of the trail between the curb and the fence to enhance the appearance of the bike trail and improve access to the river. The read elevations of the building facing the bike trail have received additional architectural enhancements. At the request of the Commission, the applicant added some reveals, and accent colors. The total building square footage has been reduced from 203,000+ sf to 191,000+ sf. The revised plan was presented to the Planning Commission on October 24' and the project was approved with conditioned design changes summarized as follows: Additional architectural enhancements shall be provided along the side and read elevations of all buildings with particular attention given to the east elevations facing the bike trail, and the north and west elevations facing the river and Armory property. The chain link fence proposed along the north erimeter shall be replaced with a wrought iron fence with river rock piasters. The total mount of parking lot pavement shall be minimized by reducing the number of parking stalls for each parcel to the minimum number. The applicant shall work with staff and interested parties to mitigate and/or remove the aesthetic impacts of the existing overhead utility lines along the trail easement. He then provided a summary of the reasons for the appeal by Jacqueline Lambrichts, founder of "Friends of the San Gabriel River", stating that she contends that the Planning Commission erred in its findings, in that the Commission did not take into account new information that has developed from the Citizen's Congress process related to the preservation and restoration of the river and foothills. She believes that the Planning Commission should not have approved any development on this property prior to completion of the new General Plan. 12/03/01 PAGE THREE He stated that Ms. Lambrichts has asked that the Council deny the project because it is not comments consistent with the new general plan. cont'd Mr. Onaga advised that the Planning Commission and staff raised similar Issues and that the Planning Commission debated the Issues during the hearings and decided to approve the project as there was no basis for denial. There was a previous subdivision map that was approved in 1998 which allowed the same type of use (light industrial) with a slight reconfiguation of the project and the property owner could have relied on the existing map. He then answered questions posed by Councilmembers. The appellant Jacqueline Lambrichts addressed the Hearing stating that one major issue is that 'there is no moratorium placed in this area until the General Plan is approved. She requested denial of the project until there is a major environmental impact report developed with alternatives in terms of construction and land uses. She stated that as both parcels are owned by Vulcan Materials and they have not provided the city with mitigation plan as they have in other areas where they have companies. She stated that the Planning Commission and Council have the responsibility for setting policy, there are monies available through proposition 40 that will provide money to cities for the acquisition for open space and restoration projects. Concerns with the project are air and water quality, among other things. Ass't Com Dev Dir comments J. Lambrichts comments Mayor Pro -Tem Chagnon asked what Ms. Lambrichts is appealing as it relates to the parcel Chagnon map and as it relates to the precise plan. She stated that she did not have that type of detail. question The following person spoke in favor of the appellant to overturn the approval of the Planning Persons in favor Commission decision: Jeff Yann Chair of the San Gabriel Valley Conservation Task Force, Ann of the Appeal Croissant of the San Gabriel Mountain Regional Conservancy, Adolfo Chaidez, representative of Congressman Solis' office, Wendy Wertz and Jesse Martinez Carlos who recommended to table until more research can be conducted. Mr. Kevin Coleman of Net Development addressed the Hearing stating that the Planning K. Coleman Commission did vote for the project, deliberated long and hard, there was input from the Net community, it was reviewed and approved 4-1. He detailed the history of the site, stating Development that all the Issues including environmental, traffic, etc. had previously been reviewed and Applicant ,approved in 1998. He noted that the business will generate tax revenue and that grants have already been obtained by the city to plant trees and Improve the bike trail. He suggested that persons opposing the project consider purchasing the property for 6.5 million dollars. He requested approval of what was approved by the Planning Commission. The following persons spoke in favor of the Planning Commission decision to approve the Persons against Precise Plan and Tentative Tract Map for the project: Hans Van Lighten of Rutan and Tucker, the appeal. Steve Quartner, Vice President of Vulcan Materials, owner of the property. City Clerk Mendoza read a letter into the record from Janis Dahl of Los Cerritos Wetland Task Ltr read into Force in opposition to the project and in favor of the appeal. She also noted a newspaper record & article from the San Gabriel Valley Tribune dated December 3, 2001, noting the Hearing newspaper tonight. article noted Ms. Jacqueline Lambrichts, the appellant, re -addressed the issue stating that the property J. Lambrichts needs to be appraised at fair market value if there is going to be consideration of purchasing comments It. Moved by Councilmember Hardison, seconded by Councilmember Stanford and unanimously Hrg clsd carried to close the Hearing. Discussion was held between Councilmembers, staff and the applicant, Mr. Coleman, Discussion regarding various issues, such as taxes, permitted uses, the NPDS program, ensuring waste ater is properly channeled, final approval of subdivision, restrictions, and other scenarios elating to the property. Councilmember Stanford offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AFFIRMING THE DECISION Res. 01-C 128 OF THE PLANNING COMMISSION AND APPROVING PRECISE PLAN OF DESIGN NO. P-2001- Precise Plan of 114 TO CONSTRUCT FOURTEEN (14) SPECULATIVE INDUSTRIAL BUILDINGS AT 1201 NORTH Design No. P - TODD AVENUE. 2001-114. Moved by Councilmember Stanford, seconded by Mayor Pro -Tem Chagnon to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: 12/03/01 PAGE FOUR AYES: COUNCILMEMBERS: HARDISON, STANFORD, CHAGNON NOES: COUNCILMEMBERS: ROCHA, MADRID ABSENT: COUNCILMEMBERS: NONE Councilmember Stanford offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AFFIRMING THE DECISION Res. 01-C129 OF THE PLANNING COMMISSION AND APPROVING OF TENTATIVE PARCEL MAP NO. 26484 Tentative Parcel TO SUBDIVIDE OF 15 ACRES OF LAND INTO FOURTEEN (14) PARCELS AT 1201 NORTH Map No. 26484 TODD AVENUE. 1201 N. Todd 'Moved by Councilmember Stanford, seconded by Mayor Pro -Tem Chagnon to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HARDISON, STANFORD, CHAGNON ROCHA, MADRID NONE Mayor Pro -Tem Chagnon elected to abstain from the following Public Hearing as she was not Chagnon present at the initial meeting. abstained CONTINUED PUBLIC HEARING - An appeal by Mr. Vincent Margolis, of the Planning Cont'd Pub Hrg Commission's denial of a Conditional Use Permit (C-2001-09) to allow a church (Praise Praise Chapel Chapel) at 521 North Azusa Avenue. It was consensus of Councilmember to the meeting of January 7, 2001. Continued to January 7, 2002 Moved by Councilmember Hardison, seconded by Councilmember Stanford and unanimously Agmt WRIM carried to approve a professional services agreement with RJM Design Group Inc. to provide Design Group a comprehensive Park Master Plan document in an amount not to exceed $90,000; and & budget approve an Amendment to the 2002-2006 Capital Improvement Projects (CIP) Budget. amend Mayor Pro -Tem Chagnon dissenting. ,The CONSENT CALENDAR consisting of Items V-A through V -J, was approved by motion of Consent Cal. by Mayor Pro -Tem Chagnon, seconded by Councilmember Stanford and unanimously carried V-A -V-J with the exception of items V -D and V -E, which were considered under the Special Call portion D & E Spec of the Agenda. Call A. Minutes of the regular meeting of November 19, 2001, regular meeting, were approved Min appvd as written. B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res. 01-C 130 RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN THE CITY ON Results of NOVEMBER 6, 2001, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS Spec Elect PROVIDED BY LAW. 11/6/01 C. The Application for Award Competition for National Organization on Disabilities was Appl. For NOD approved and the Mayor was authorized to execute same. D. SPECIAL CALL ITEM. Spec Call Item E. SPECIAL CALL ITEM. Spec Call Item F. Approval was given to allocate an expenditure not to exceed $12,190 to the Covina School Resource Police Department for our contribution towards a School Resource Officer at Gladstone Officer High School, since 50% of the students are residents of the City of Azusa. Gladstone High G. Human Resources Action Items were approved as follows: Hum Res Merit Increase and/or regular appointments: T. Nguyen, I. Fernandez, and K. Davis Jr. Action Items H. The City Treasurer's Report as of September, 2001 was received and filed Treas Rpt 1. The Increase the Blanket Purchase Order for the California State Employment Inc Blanket P.O. Development Department (EDD) and Amendment the Human Resources Department EDD Budget, was approved in the amount of 10,000. 12/03/01 PAGE FIVE Resolution Authorizing Payment of Warrants by the City was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. No. 01 - CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE C131 Warrants TO BE PAID. SPECIAL CALL ITEMS After discussion regarding match funds, it was moved by Mayor Pro -Tem Chagnon, seconded by Mayor Madrid and unanimously carried to approve Certificate of Acceptance for the Purchase of Real Property; the purchase of vacant real property bounded by Azusa, San Gabriel, and Sierra Madre Avenues from Barr -Val], Inc., in the amount of $170,000, plus scrow costs and the Mayor was authorized to execute same. Mayor Pro -Tem Chagnon asked questions regarding the contract for Street Sweeping services by Athens Services in the amount of $122,983.20 and the amendment to the Public Works Department Operating Budget by an equal amount to fund this project. Discussion was held between Councilmembers, staff and contractor. The item was continued to the meeting of December 17, 2001. Special Call Cert of Accept. Barr -Vail, Inc. purchase of prop. Street Sweeping Svs - continued to Dec 17, 2001 THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 10:55 Cncl recess/CRA P.M. convene THE CITY COUNCIL RECONVENED AT 10:56 P.M. Cncl reconvened THE CITY COUNCIL RECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY Cncl CONVENED AT 10:57 P.M. recess/APFA Convene cncl Adjourn ORDINANCES/SPECIAL RESOLUTIONS Councilmember Stanford offered an Ordinance entitled: N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 46 Ord. 01-09 ECTION 46-380 AND 46-381 OF THE AZUSA MUNICIPAL CODE PERTAINING TO DRINKING Alcoholic Bev D POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINERS IN PUBLIC. Public places Moved by Councilmember Stanford, seconded by Councilmember Hardison to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE It was consensus of Councilmembers to recess to Closed Session to discuss the following: CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION (Gov. Code Sec. 54956.9 M. Azusa -Enron agreement and the filing of bankruptcy by Enron. Recess: 10:59 p.m. Reconvened: 11: 10 p.m. There was no reportable action taken in Closed Session. It was consensus of Councilmembers to adjourn in memory of Claudia Advenou, Conception Garcia and Joe Pedroza. JIME OF ADJOURNMENT: 10:58 P.M. CITY CLERK NEXT RESOLUTION NO. 2001-C141. NEXT ORDINANCE NO. 2001-010. 12/03/01 PAGE SIX Closed Session Recess Reconvened No Reports Adjourn