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HomeMy WebLinkAboutMinutes - May 22, 2002 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, MAY 20, 2002 - 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. Mayor Madrid called the meeting to order and led in the Salute to the Flag. INVOCATION was given by Reverend Leroy of the First Assembly of God Church. ROLL CALL PRESENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: City Attorney Carvalho, City Manager Cole, Assistant City Manager Person, Chief of Police Davis, Director of Community Development Bruckner, Director of Public Works Nakasone, Associate Director Recreation and Parks Jacobs and Noriega, Community Improvement Manager Rudisel, City Treasurer Macias, Deputy City Clerk Toscano, City Clerk Mendoza. PUBLIC PARTICIPATION Mr. Jerry Baker addressed Council regarding the zoning at EI Patio Restaurant. He provided a history of EI Patio Restaurant and advised that the owner's of EI Patio, wish to sell the restaurant in order to retire and found that the property could not be sold as a restaurant as it is now a non -conforming use. He stated that at some point the zoning of the property was changed and buyers have backed out do to its zoning (it is a commercial use that is in a residential zone, now 113-0). He noted that there is a Conditional Use Permit (1982), but, for beer and wine only, and that no one has shown them that the property was changed from the zoning it was in the beginning to a CUP. City Manager Cole responded stating that no one has made the allegation that It has been changed to a CUP. He stated that the property was built legally in 1956 and since that time, in a predominantly residential neighborhood, the zoning has been changed to residential, the property then became, by law, a nonconforming use and In the AMC is the right to revoke a nonconforming use after 20 years and that code section was part of the proceedings for the CUP granted in 1982. He noted that the City has not cataloged or enforced that provision of the zoning code, and that only when the property goes up .for sale that this has become a problem and staff has been directed to research the issue. He stated that staff would be happy to work with Mr. Baker to try and resolve this issue. Community Development Director Bruckner clarified for the record that the CUP that was granted in 1982 did specify that the nonconforming use section of the code would be given special consideration. The CUP, at that time it was granted, was both for the nonconforming use expansion and for the beer and wine license. He stated that they are in the process of evaluating the new Development Code, and are looking at expanding mix use opportunities within the community and looking at neighborhood based commercial businesses that should be permitted in residential zones. He stated that he gave Mr. Baker the option to wait till the Development Code is developed this summer or apply for the ten year extension of a nonconforming use. Call to Order Invocation Roll Call Also Present Pub Part J. Baker rep. EI Patio Restaurant City Mgr comments Com Dev Dir comments City Attorney Carvalho advised that this item is a public participation item and options are City Attorney limited. She advised that they are limited to a brief response from staff, and comments recommended that the matter be referred back to staff, and that an ad hoc committee of the Council be appointed to address the issue. After additional comments, it was consensus of Councilmembers that the item be Referred to redirected to staff to work on resolution to the problem. Staff Mr. Bart Luce addressed Council regarding a proposed public nuisance at Foothill Shopping B. Luce Center. He advised that the shopping center as it now exists looks like a public dump and comments he will be filing a small claims court against the owners. ' REPORTS. UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates City Manager Cole provided an update of Dump That Junk Month in April stating that Azusa City Mgr residents took more than 250 tons of bulk waste to the curb, the City dumped three and one half tons unused material, and PD and City towing franchisees towed 1 1 cars at the request of property owners. He then provided an update on upcoming events as follows: pool opening, Dias de Musica, Concerts in the Park Series, Skate Park Grand Opening, and Gateway Groundbreaking. He noted record breaking home sales in Azusa. Ms. Monique Cruces, a student from Gladstone High School, addressed Council requesting M. Cruces support to a Soccer Tournament to be held in Hawaii from July 14th through July 24`h. She comments described the trip and how she was provided the opportunity to go, noting that the total cost was$2800. It was consensus of Councilmembers that $100 be given to Ms. Cruces to support her trip. Councilmember Rocha announced that Helping Hand will be holding a benefit dinner/dance Rocha for Danielle Moreno, at Parish Hall on Saturday, May 25th. He invited all to attend the comments Memorial Day Ceremony to be held on Monday, May 27`h, where Veterans will be honored. He also invited all to attend three events on June 1't as follows: Tree Planting @ Sierra Madre and Sunset, Library Book Sale and the AYP Bar-be-que. Councilmember Chagnon invited all to Aloha Pizza at Sierra Madre @ Azusa and San Chagnon Gabriel Canyon Road. She thanked all who helped in the hanging of Geranium plant comments baskets in the downtown areas. She announced Relay for Life to be held on Saturday and Sunday June 15th & 16", and invited all to attend the Kids Come First Golf Tournament. Mayor Pro -Tem Hardison reminded all to attend the Helping Hand Fundraiser on Saturday, Hardison May 25th at Parish Hall. comments Councilmember Stanford thanked all for the kinds words and wishes he has received Stanford throughout his time of illness. He shared the unpleasant experience he just had with a comments group trying to serve him with recall papers, just outside of the Council Chambers. Mayor Madrid announced the Library Book Sale and AYP Bar-be-que to be held on June Madrid 1 st. She also invited all to attend a Neighborhood Improvement meeting on Wednesday. comments Public Participation (continued) Pub Part Mr. Marcial Jorge addressed Council announcing a career opportunity workshop to be held M. Jorge on Saturday, June 8, 2002, from 2 p.m. to 4:30 p.m. at the Azusa City Library Auditorium. comments He Invited Council, and community members noting that it is for a career in financial planning and that it is free. ' Ms. Suzanne Avila addressed Council and thanked all for their support of the Think River S. Avila event which was held on May 1 1 th at Lario Park. She highlighted the events stating that comments 200 people attended, there was a ceremonial blessing received by the Mayor, a river education challenge and a chalk art festival by Sierra High School students. She stated that she would now like to continue to focus on education of the river. The student poster art is on display at the Library. She introduced Jerry Searski of the Forest Service who thanked the City of their help with the event. He presented the John Robinson book on the San Gabriels to Council in appreciation. 05/20/02 PAGE TWO SCHEDULED ITEMS Sched Items Skate Park Ordinance - proposed ordinance amending Chapter 50 of the Azusa Municipal Skate Park O Code adding Section 50-3 pertaining to skate facility regulations and requiring certain reporting activities by the City of Azusa pursuant to Health and Safety Code Section 1 1580. Associate Director Jacobs and Community Improvement Manager Rudisel presented the J. Jacobs proposed Skate Park Ordinance and answered questions posed by Councilmembers. comments Discussion was held regarding hours posted, authorized City Employee, enforcement Discussion aspects of the ordinance, modeled after Glendora, height requirement, citing, and section f -registration. Councilmember Rocha asked that rules and requirements be sent out to ' schools in English and Spanish to go home with children, before school lets out. City Attorney Carvalho responded to questions posed noting that the most important City Arty section is subsection B which deals with immunity, and the rest of the ordinance is more comments policy oriented. She also asked to add subsection 3, to the ordinance regarding first reading, second reading, and effective date. It was also noted that subsection a would be changed to read "City Manager or his/her designee". Mayor Pro -Tem Hardison offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 50 I" Rdg Ord OF THE AZUSA MUNICIPAL CODE BY ADDING SECTION 50-3 PERTAINING TO SKATE Skate Park FACILITY REGULATION AND REQUIRING CERTAIN REPORTING ACTIVITIES BY THE CITY OF FacilityRegs AZUSA PURSUANT TO HEALTH AND SAFETY CODE SECTION 1 15800. Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Rocha and unanimously carried to waive further reading and introduce the ordinance. Informal Hearin ¢ was conducted on an appeal of the denial of a Fire Works Permit. Community Improvement Manager Rudisel addressed Council stating that this is an appeal of a denial of a fire works permit that was denied due to the primary non-profit is designated in West Covina. The appellant believe that they meet criteria due to the fact that the youth ministries meets at a local business. He also noted that the City has met its maximum fire works permits for this year, so, if Council would approve this permit there will be a need to increase the number of permits allowed to be issued. Mr. John Gove of Faith Community Church addressed Council providing an overview on how much their ministry is involved in the City of Azusa. He stated that their Jr. High ministry is lead by a former Azusa resident, the youth ministry has 170 youth of Azusa and that over 1800 families in Azusa go to Faith Community Church. He stated that they distribute food to the needy in Azusa, provide a weekly mentor ship program which serves Azusa and provides Scholarship in Azusa. Informal Hrg Fire Works pm Com Imp Mg comments J. Gove comments Mr. John Reeves of Student Ministries Director of Faith Community Church in West Covina, J. Reeves addressed Council stating that 10% of their youth ministry are from Azusa. He stated that comments through fund raisers they will offer 2 $4,000 scholarships to APU. Mr. Norman Coulter, College Pastor of Faith Community Church addressed Council stating N. Coulter that they usually have meetings at Smart City Grinds In Azusa, where students come from comments Citrus, and APU. They do outreaches and try to target local university students and give students opportunity to connect with other students. ' Mr. Tim Arretta of La Tolteca Restaurant in Azusa advised that he is in support of the Youth T. Arretta Ministry of Faith Community Church and that they impact Azusa very much. He stated comments that they have been active in the community with other non-profit organizations. City Attorney Carvalho advised, while reading certain parts of the ordinance pertaining to City Atty Fire Works permits, noting that even if they wanted to grant to appeal, they would have to comments change the ordinance in order to approve. Moved by Mayor Pro -Tem Hardison and unanimously carried to uphold the denial of the appeal for a Fire Works Permit by Faith Community Church Youth Ministry. 05/20/02 PAGE THREE The CONSENT CALENDAR consisting of Items IV -A through IV -H, was approved by motion Consent Cal. of Councilmember Chagnon, seconded by Councilmember Rocha and unanimously carried. IVA-IVH A. The Minutes of the regular meeting of May 6, 2002, were approved as written. Min approve B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA Res. 02-055 JOINING WITH OTHER LAW ENFORCEMENT AGENCIES TO RELEASE FUNDS JAIBF FUNDS UNDER THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT (JAIBF). PD C. Notice of Completion for CDBG-Funded Sidewalk Improvements -Virginia Avenue, Notice of Project Number 600093-01, was approved and the City Clerk was authorized to Completion file said notice with the Los Angeles County Recorder. CDBG Sidew ' D. Approval was given to direct staff to conduct a review of the Conflict of Interest Conflict of In Codes and submit the Biennial Report. Biennial Rpt E. Approval was given to increase to Blanket Purchase Orders for Best, Best & Inc Blanket Krieger and for the State of California Employment Development Department as PO's BBK follows: Purchase Order No. 210716 by $50,000 for a total of $225,000 and, & EDD Blanket Purchase Order No. 210720 by $2,700 for a total of $20,700. F. The following Human Resources Action Items were approved: Human Res Merit Increase and/or Regular Appointment: D. Mortensen, J. Jarrett, H. Action Items Vuong, and D. Irish. New Appointments: S. Henry, Street Maintenance Worker 11, effective May 21, 2002. Separations: S. Henry, Street Maintenance Crew Supervisor, effective May 20, 2002. G. The City Treasurer's Report as of April, 2002 was received and filed. Treas Rpt H. The following Resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL FO THE CITY OF AZUSA ALLOWING Res. 02-056 CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH Warrants THE SAME ARE TO BE PAID. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 8:59 Convene CRA P.M. Cncl THE CITY COUNCIL RECONVENED AT 9:00 P.M. Reconvened It was consensus of Councilmembers to adjourn to Saturday, May 25, 2002, at 9:00 a.m. Adjourn to In the West Wing Conference Room in order to conduct a Closed Session to discuss the 5/25 West W following: PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957). Title: City Manager. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957). Title: City Attorney. It was noted that there will be some subsequent goal settings meeting between Comments Councilmembers and Staff. TIME OF ADJOURNMENT: 9:02 P.M. Gl �— CITY CLERK V NEXT RESOLUTION NO. 2002-057. NEXT ORDINANCE NO. 2002-07. 05/,/02 PAGE FOUR a0