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HomeMy WebLinkAboutMinutes - January 18, 2005 - CCCITY OF AZUSA I MINUTES OF THE CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 16, 2005 - 6:30 P.M. The City Council of the City of Azusa met In regular session at the above date and time in the Azusa Auditorium. CLOSED SESSION Closed Session The City Council recessed to Closed Session at 6:30 p.m. to discuss the following: Recess CONFERENCE WITH LABOR NEGOTIAOR (Gov. Sec. 54957.61 Agency Negotiators: Interim City Manager Hsu and Assistant City Manager Person Organizations/Employee: ACEA, APMA, AMMA, CAPP, LABORERS, EXECUTIVE. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Gov. Sec. 54956.9 (b)l One Case — San Gabriel Valley Gun Club CONFERENCE WITH LEGAL COUNSEL — LIABILITY CLAIM (Gov. Code Sec. 54956.95 Hernandez and APOA S. City of Azusa, Claim o. 04-43. 'PUBLIC EMPLOYEE EVALUATION (Gov. Code Sec. 54957) Title: Assistant City Manager Reconvened The City Council reconvened at 7:30 p.m. City Attorney Martinez advised that there was no reportable action taken In Closed Session; but, City Attny there will be a report later in the meeting regarding San Gabriel Valley Gun Club in open session. Comments Mayor Madrid called the meeting to order and Councilmember Hardison led In the Salute to the Call to Order Flag. INVOCATION was given by Reverend Mark Carlson of the First Presbyterian Church. Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, STANFORD, CHAGNON, MADRID ABSENT: COUNCILMEMBERS: ROCHA Also Present ALSO PRESENT: City Attorney Martinez, Interim City Manager Hsu, Assistant City Manager Person, Azusa Police Captain Gonzalez, City Treasurer Macias, Assistant Community Development Director Onaga, 'Project Manager Brownfield, Director of Human Resources Hanson, Redevelopment Project Manager Ruiz, Public Information Officer Quiroz, City Clerk Mendoza, Deputy City Clerk Toscano. Pub Part PUBLIC PARTICIPATION J. Moore Mr. John Moore addressed Council requested that they reconsider the approval of granting a Comments DDA with Michael Hennessy in the development of 100 West Foothill Boulevard, he asked that Council appoint an independent Counsel to review the recommendation by City Attorney Carvalho with regard to the Issue. He then cited and detailed Government Code Section 1090 and alleged its relationship to Mr. Hennessy's influence with regard to Block 37. Councilmember Hardison responded. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Assistant Community Development Director Onaga introduced Mr. Joe Gonzales, the artist who L. Onaga will be designing the artwork for the CVS Pharmacy Building at Arrow Highway and Citrus Comments Avenue. Mr. Gonzalez presented the details of the design and Its basis, which was the history Artwork of Azusa. Ms. Evelyn Kahn, Executive Director of the Azusa Chamber of Commerce requested that the E. Hahn tradition of involving community leaders in the interview process for a new city manager be Comments continued and that a representative of the Azusa Chamber of Commerce be Included on the interview panel. She stated that there will be two candidate forums sponsored by the Chamber of Commerce; the first will be on Tuesday, January 25, 2005, at 6:30 p.m. in the Azusa Auditorium, for all the candidates running for City Council and then on Thursday, February 17, '2005, at 6:30 p.m. for the candidates running for Mayor and City Treasurer. ' Mr. George Alva, representing the 500 block of Dalton Avenue and Alameda Avenue, which G. Alva border an alley, addressed Council playing an audio tape of the noises that occur in that area. Comments He stated that the noise comes from cars, radios, parties, etc., but stated that there is also a man who resides in their neighborhood who molested a retarded child and Is still in the area. He detailed issues that he has with the Police Department regarding the matter. The matter was referred to the Police Department, Captain Sam Gonzales for handling. Mr. Mark Davis addressed Council expressing his opinion regarding the 210 freeway sound walls M. Davis that run through the City of Azusa and the graffiti that plagues them. Assistant City Manager Comments Person responded stating that Cal Trans has painted the wall as of today and will finish the job tomorrow. Mr. Debbie Moore addressed displayed and referred to several City of Azusa brochures of D. Moore stating that they were the reason she brought her business to Azusa and asked when the City Comments changes It vision. SCHEDULED ITEMS Moved by Mayor Pro -Tem Stanford, seconded by Councilmember Chagnon and unanimously* carried to authorize staff to move forward with the hiring of two of the four officers previously approved (April 29, 2004), with funds supplemented by the Universal Hiring Program. Due to 'financial constraints, it was impossible to move forward with the four positions. The CONSENT CALENDAR consisting of Items V-A through V -G was approved by motion of Councilmember Chagnon, seconded by Mayor Pro Tem Stanford and unanimously* carried. (Councilmember Chagnon requested that dates on the Human Resources Action item be corrected). A. The Minutes of the regular meeting of January 4, 2005, were approved as written. B. Human Resources Action Items were approved as follows: Merit Increase and/or Regular Appointment: D. Eldridge and M. Gonzales New Appointments: E. Lorusso, Account Specialist 1 Flexible Staffing Promotion: J. Tingley, Facility Maintenance Worker ll. Separations: J. Gutierrez, City Manager, effective 12/31/04. J. Amador, Assistant Director Economic Development/RD: C. The City Treasurer's Report as of December 31, 2004, was received and filed. Sched Items Universal Hiring Program Consent Cal Approved Min approved Human Res. Action Items Approved City Treas Rpt D. Approval was given to award bid for supplemental garage services to "A Helping Hand Fleet Sppl Garage sys Service, Inc." at the hourly shop rate of $65.00/hr for all vehicle classes with an allowable A Helping Hand 20% mark up on parts. Fleet Service ' E. Approval was given to appoint the following to the Azusa Gold Line Art Committee: Mr. Azusa Gold Line Guy Kinnear, an art professor at Azusa Pacific University, Mr. Christopher Dodson, a Art Committee member of the Azusa Planning Commission, and Mr. Jeff Cornejo, a member of the Azusa Cultural and Historical Commission. F. Approval was given for a Professional Services Agreement for the legal services from Legal Svs Man. Manning & Marder, Kass, Ellrod, Ramirez LLP for the event specified in Exhibit "A" In an Marder, Kass, amount not to exceed $50,000 without approval of the City Council. Ellrod, Ramirez G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 05-C3 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO Warrants BE PAID. 01/18/05 PAGE TWO SPECIAL CALL ITEMS None. Spec Call Items None. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 8:12 Convene CRA P.M. THE CITY COUNCIL RECONVENED AT 8:13 P.M. Cncl recess/rec THE CITY COUNCIL RECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY CONVENED Convene APFA AT 8:13 P.M. AND THE CITY COUNCIL RECONVENED AT 8:14 P.M. Cncl recess/rec REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Councilmember Chagnon requested that all keep in prayer the family of Carmen Pedroza, who Chagnon passed away and also keep in prayers and possible thoughts Councilmember Joe Rocha who is Comments 'recovering from an automobile accident. Councilmember Hardison expressed regret to the owners of Smart City Grinds and advised that Hardison all could reach their goals united. Comments Mayor Pro -Tem Stanford extended a message to the Azusa Gun Club proponents and requested Stanford that they focus on the issue at hand. Comments Mayor Madrid wished all a very Happy New Year, reminded ail to remember Martin Luther King Madrid Jr. on his day, expressed the meaning of democracy and relayed a message from Comments Councilmember Joe Rocha expressing his thanks to all during for their good wishes during his recovery. SCHEDULED ITEMS (Continued) Sched Items CONTINUED PUBLIC HEARING — a request to amend various sections of the Azusa Municipal Cont. Pub Hrg Code to ensure conformance between the City's recently adopted General Plan and the City's Dev Development Code. Zone Change Number Z-2004-01. Code Mr. Xavier Hermosillo, on behalf of the San Gabriel Valley Gun Club addressed the issue X. Hermosillo requesting that the City work with the Gun Club to come up with a mutually agreeable Comments development agreement in order that it can continue to operate. 'Assistant City Manager Person addressed the issue detailing the impact that the changes to the R. Person Development Code would have on many businesses in the City, i.e. nonconforming uses, Comments amortization periods etc. He noted that staff has notified affected businesses. He detailed the communication that has transpired between the City, Vulcan Materials, Inc., and the San Gabriel Valley Gun Club regarding the proposed nonconforming uses In that area. Project Manager Brownfield addressed the Public Hearing presenting and detailing the following proposed changes to the Development Code: 1) Table 2-2, Allowed Land Uses for District, be modified to state that the existing heavy industrial businesses located within 1,000' of a residentially designed parcel continue to be permitted in its current located and with Its current building structure, but If physical structure changes, a User Permit would be required at that time. 283) Table 2-2, Allowed Land Uses for Districts, indicate the Transit Village permit medical services — doctor office as a second or upper Floor use and that medical services — extended care not be permitted. 4) Section 5.20.100. A.l .d, indicated that contractor's storage yards have a twenty year amortization period. 5) Section 5.20.1 OO.A. I .G, add Mobile Recycling Facilities to amortization list with a 6 month amortization period. 6) Section 5.20.100.F.2.h, add, "provided that the finding can be made that such extensions will not be detrimental to public health, safety, welfare, or future planning and development of the area". She stated that there are two type of criteria for amortization periods: 1) uses that have a significant amount of Improvements have 20 years, and outdoor uses or fewer Improvements have 6 months -5 years of amortization period; she stated that at this time staff is recommending that the outdoor shooting range have an amortization period of 18 months. The following are additional changes 7) Section 4.12.150.E Outdoor Dining, delete ".. With Indoor dining on the same site", 8) Section 5.12.032.134 Design Review, Applicability, add, "Non-residential projects including permanent outdoor sales and displays, news and flowers stands, and outdoor dining." 9) Section 4.12.150.C. I Permanent outdoor displays and sales, height variation should be approved with a Minor Use Permit. 10) Section 4.12.150.C2 Permanent outdoor displays and sales, setback encroachment variation should be approved with a Minor Use Permit. 1 1) Section 4.12.160.13 Outdoor storage minimum height, variation should be approved with a Minor Use Permit. 12) Table 2-2, Allowed Land Uses for Districts, and Table 2-3, allowed Use for Corridors, permit minor accessory outside storage (such as news racks) in all districts and corridors. 13) Section 5.12.030.D, add Fireworks sales to exempt activities (these are covered in another section of the Municipal Code). 14) Section 5.12.050.E.2, Minor Use Permit procedure, change the procedure to state, 01/18/05 PAGE THREE L. Brownfield Comments L. Brownfield Continued "The Zoning Administrator may approve or deny a Minor Use Permit without a public hearing, Ms. Brownfield or may choose to refer any Minor Use permit application to the Commission for a hearing and Continued decision In the same manner as provided for a Use Permit in Section 5.12.070.E.1. 15) Section 4.1.060.A/1/b, changes the setback requirements to be V for every V In height of the telecommunication pole. 16) Table 2-2, Allowed Land Uses for Districts, change adult oriented business to a permitted use in the DW and DWL (Council requested that the adult oriented business be precluded from Route 66). Discussion was held regarding the change in the setback of the telecommunication pole. Ms. Brownfield advised that there are still two outstanding issues that staff is not supporting, as Ms. Brownfield follows: Mr. Hartunian's property wants to be changed from West End District Light to the West Continued End District, staff is not agreeing due to the residential area across the street, on Jackson Street. Mr. Doddenoff of Greenman Industries, which is located on Gladstone Street wants to change the requirement to be in an enclosed structure for recycling, staff is not recommending the change. Discussion was held regarding the two issues; after the Development Code is approved Discussion Hartunian will become nonconforming with no amortization period and Greenman Industries Is still being discussed at this time; the property owner may choose to relocate the business some where else. City Attorney Martinez responded, in detail, to a pre -litigation demand, received by the attorney for the San Gabriel Valley Gun Club, Trutanich Michel LLP regarding proposed federal preemption of the City's ability to regulate the Gun Club, application of the California Shooting Range Protection Act and the reasonableness of the amortization period to be applied to the Gun Club. In summary, he stated that the Gun Club must abide by the City's proposed zoning rules, the California Shooting Range Protection Act is not applicable in this case, and lastly with regard to the amortization period they should provide some method and show that the 18 month period is not reasonable. He then answered questions posed regarding the change in recommendation and the amortization period and how It should be maintained with extension provisions. He then advised that there Is another issue with regard to Vulcan Materials, Inc. He stated that the City has a Tolling Agreement with Vulcan which expires February i, 2005 and they have advised that If there is no action taken at this meeting there is no guarantee that they would continue with the agreement. He then discussed the issues regarding a quorum of the Council to make a decision on the issue as two of the Councllmembers have a possible conflict of interest and one member of the Council is not in attendance due to illness. He talked about alternatives to the problem but advised that two of the Councilmember have a conflict in the same area of the map. He recommended that the Development Code and Map issues be continued to the meeting of February 7, 2005, when Councilmember Rocha returns. Mr. Pablo Lucanera of Ibarras Recycling Company addressed the issue stating that they were never Informed of the change in zoning, and that he would have to be removed from the area were he is currently established at Foothill and Orange Street. He stated that staff advised him that he would have to go through a whole new application process and Council assured him that he wouldn't and referred him to staff to work something out. Mr. Dean Englehardt addressed the issue expressing his opinion regarding the zoning in the Mountain Cove area. City Attny Comments P. Lucanera Ibarras Recycling Co. D. Englehardt Comments Mr. Don Ansel[ of California Amforge addressed the Issue asking if he would have to get a permit D. Ansell If he was going to expand his office space within his business. Comments Ms. Brownfield responded stating that the question of expansion depends on certain criteria, for L. Brownfield Instance on how close they are to residential areas, etc. Discussion was held between Staff and Response Councilmember Chagnon regarding expansion. Mr. Lloyd Jones of Valley Forge addressed the Issue stating that he has never been notified of the L. Jones changes and has never been spoken to about the issue. Comments Reverend Rick MacDonald of Christian Family Center on behalf of Dr. Tong, addressed the issue R. MacDonald speaking about the proposed zone change on the property of the former Canyon Inn, which he Comments purchased. He advised that with the zone change it has no value and that he is in negotiations regarding the EI Encanto property; he stated that he would like to work with the City regarding the issue. He then answered questions posed by Councilmember Stanford regarding proposed uses In that area. Ms. Brownfield responded citing the many uses that property would have with the proposed zone change. The following persons spoke in favor and against the San Gabriel Valley Gun Club: Comments re: Jim White, Rustin Glass, Henry Escalera, Joel Frima, Mike Lavin, Sandra Renchler, Maricela Gun Club Cuevas, Horac[o Godoy and Bill Coats. 01/18/05 PAGE FOUR Councilmember Chagnon addressed item regarding Staff recommendation that Table 2-2 Allowed Land Uses for Districts, indicate the Transit Village permit medical services — doctor office as a second or upper Floor use and that medical services — extended care not be permitted. If these modifications occur, the chiropractic office would be a nonconforming use on a first floor but a permitted use on an upper floor. She stated that she is thinking of businesses such as Dr. Reyes and Canyon Dental and asked what preference the Council has; do they want to allow them as a first or second story. She asked if they wanted to be more flexible for bottom floor uses. Ms. Brownfield suggested that the language be amended to state: "offices are permitted on the lower floors with a minor permit to allow them to come in, but there is a permitted use on the second floor, or they can permit them until there is an issue". Discussion was held among Councilmembers regarding the issue. Moved by Councilmember Hardison, seconded by Councilmember Chagnon and unanimously* carried to continue the Public Hearing to the meeting of February 7, 2005. It was consensus of Councilmembers to adjourn in memory of Carmen Pedroza, Alfonso Madrigal and Cris McGuigan. TIME OF ADJOURNMENT: 10:18 P.M. ' NEM RESOLUTION NO. 2005-C4. NEM ORDINANCE NO. 2005-01. 01/18/05 PAGE FIVE Chagnon Comments & discussion Hrg Continued To 2/7/05 Adjourn In Memory of Carmen Pedroza Alfonso Madrigal & Cris Mc Guigan