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HomeMy WebLinkAboutMinutes - August 15, 2005 - CCCITY OF AZUSA I MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 15, 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 Sess The City Council recessed to Closed Session at 6:30 p.m. to discuss the following: Recess CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6). Labor Agency Negotiators: City Manager Delach Negotiator Organizations/Employee: ACEA, APMA, AMMA, APOA, CAPP, IBEW, LABORERS, EXECUTIVE. Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Property Address: 1725 E. Arrow Hwy (Azusa Avenue and Arrow Hwy Property) Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 17525 E. Arrow Under Negotiation: Price and Terms of payment Highway CONFERENCE WITH LEGAL COUNSEL POTENTIAL LITIGATION (Gov. Code Sec. 54956.9(b)) Conf w/Legal One Case Counsel REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Property Address: 100 Old San Gabriel Canyon Road, Azusa, (EI Encanto property) Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 100 Old San Under Negotiation: Price and Terms of payment Gabriel Cyn Rd PUBLIC EMPLOYMENT (Gov. Code Sec. 549571 Public Title: Public Works Director Employment Title: Community and Economic Development Director 'The City Council reconvened at 7:37 p.m. Reconvened Mayor Chagnon announced Happy Birthday to City Manager Delach, Councilmember Carrillo, Happy and local resident David Feldman and invited audience a snack in celebration. Birthday City Attorney Carvalho advised that there was not reportable action taken in Closed Session on CityAttorney the two Real Property Negotiations that were discussed. Comments Mayor Chagnon called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION - Mr. Ruano of the Christian Family Center Invocation REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Real Prop Property Address: 100 E. Foothill Blvd., Azusa, (Wimpey's) Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 100 E. Alosta Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Real Prop Property Address: 890 E. Alosta Avenue, Azusa, (Foothill Shopping Center) Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 890 E. Alosta Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Property Address: 1725 E. Arrow Hwy (Azusa Avenue and Arrow Hwy Property) Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 17525 E. Arrow Under Negotiation: Price and Terms of payment Highway CONFERENCE WITH LEGAL COUNSEL POTENTIAL LITIGATION (Gov. Code Sec. 54956.9(b)) Conf w/Legal One Case Counsel REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Property Address: 100 Old San Gabriel Canyon Road, Azusa, (EI Encanto property) Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 100 Old San Under Negotiation: Price and Terms of payment Gabriel Cyn Rd PUBLIC EMPLOYMENT (Gov. Code Sec. 549571 Public Title: Public Works Director Employment Title: Community and Economic Development Director 'The City Council reconvened at 7:37 p.m. Reconvened Mayor Chagnon announced Happy Birthday to City Manager Delach, Councilmember Carrillo, Happy and local resident David Feldman and invited audience a snack in celebration. Birthday City Attorney Carvalho advised that there was not reportable action taken in Closed Session on CityAttorney the two Real Property Negotiations that were discussed. Comments Mayor Chagnon called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION - Mr. Ruano of the Christian Family Center Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, City Treasurer Hamilton, Economic and Community Development Director Hightower, Assistant Community Development Director Onaga, City Engineer Scott, Acting Police Chief Gonzalez, Director of Utilities Hsu, Emergency Services Coordinator Bruno, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Public Part Cpl. Alexander Madrigal addressed Council regarding the unconstitutional deportation in the A. Madrigal 1930's of American Citizens of Mexican Ancestry during the Great Depression. He talked about Comments an Apology Bill inspired by Senator Joe Dunn and he described a March that will be held in Los Angeles on September 3, 2005. Mr. Art Morales addressed Council noting his meeting of City Manager Delach: he thanked Mr. A. Morales Madrigal for his comments and thanked the Council for the free swim at the pool. He advised Comments that he has been soliciting law firms for the City of Azusa, stating that the law firm should pay an initiation fee and the fee should be used for free swim for kids in the City. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Councilmember Rocha expressed his concern regarding the construction traffic on Sierra Madre advising that there is no crossing guard at Vernon and Sierra Madre and it may be hard for the large construction trucks to stop for kids. He also asked if there can be more police visibility in that area during the time of construction of the Monrovia Nursery Project. City Manager Delach advised that he spoke to Mr. Holman of Azusa Land Partners and that the debris and dirt from the area would be removed by the end of the week and the speed and condition of the trucks would be relayed to drivers. Councilmember Rocha also stated that the trucks need to slow down lower than the speed limit. Economic and Community Development Director Hightower addressed Council with the result of the bank ordered environmental studies on the Reyes property located at 613-615 N. Azusa Avenue, due to a cleaning establishment being on the property in the past. She stated that the phase 111 studies have indicated that the PCE concentrations are very minimal and no remediation will be required on the property. Director of Utilities Hsu provided an update on the Power Outage that occurred on July 21" He apologized for the inconvenience and stated that the Incident damaged three of fourteen major circuit breakers at the Azusa Substation. He stated that it was a four hour outage and the total cost was close to $100,000; they were delivered on August 4`h, all circuit breakers are properly working and found that they needed more spare ones and they have them now. Councilmember Hanks addressed Council presenting the gifts from our Sister City Zacatecas, Mexico, to the Mayor and City Council which consisted of the World's Cultural Heritage book, a box, a pen and an invitation from the Mayor of Zacatecas to Council to visit their Country. Councilmember Rocha invited all to continue to come to the Concerts in the Park noting that on August 251h, there will be special surveys being circulated to the public about what's good or not about the City and that the residents will get responses from the City. He advised that on August 27'h there will be a clean up on Citrus Avenue from Alosta to Baseline at 8:00 a.m. He requested that the meeting be adjourned in memory of Casey Denise Andino and Grace Garcia, mother-in-law of Rosie Garcia. Mayor Chagnon noted that City Hall on the move will be featured at Concerts in the Park. She thanked her colleagues for attending the Splash Pad event as well as city employees, kids and the City Manager. She requested that certificates of recognition be prepared for Brian Clay of APU for his recent sports award and also to City employees who put out the fire at the Azusa Substation and the quick recovery period; they will be presented at the September 6`h Council meeting. 08/15/05 PAGE TWO Rpts/Updates Rocha Comments Update on Reyes Prop Dir of LIM Update Power Outage Hanks Comments Rocha Comments Chagnon Comments SCHEDULED ITEMS Request for Extension of Amortization of the following Nonconforming Uses: 1) Edward and Sally Cappello, Max's Repair Shop, 619 N. San Gabriel Avenue; 2) Luis Rosales and Rosario Lucas, EI Camino Auto Repair, 633 N. San Gabriel Avenue; 3) Lee Patterson, Freeman's Towing Service & Garage/Freeman's Truck RentaVAuto Specialist, 204 E. Foothill Blvd., and Alameda; 4) Wayne and Valda Fletcher/James and Sharon Yenyo, Wimpey's Pawn Shop, 650 N. Azusa Avenue. Recommended Action: Approve staff recommendations for each of the requests as listed in the report. Economic and Community Development Director Hightower addressed Council providing background information regarding the above mentioned non -conforming uses of which most occurred in January 1983 when the zoning was changed to CBD Central Business District. She stated that now, four of the owners have filed applications with the City to extend their non- conforming status. She talked about Council alternatives listed. She showed slides of the businesses and stated they have requested extensions of their amortization periods; she advised that item 4 was removed from the agenda at this time. She responded to questions from Councilmembers regarding Freeman U -Haul business. Mr. Jim McJunkin, representing the Cappello's of Max's Repair Shop 619 N. San Gabriel Ave; addressed Council providing information regarding the business, stating that they would fix the busted fence, that they don't leave cars on the street and are only open from 8 a.m. — 5 p.m. He stated that he agrees with staff recommendation with the following changes: time extension of minimum of 10 years and 20 years will be better. He stated that with regard to the extension, the words "no further" that should be left to other, future City Council. Mr. Art Morales addressed the issue stating that the business is very clean and there are no complaints. Ms. Rosario Lucas, owner of EI Camino Auto Repair addressed Council stating that when they purchased the building they were never told that it was a non -conforming use. They have been at that located for 2 '/z years and will only have about 7 '/z years left, which is a short time. Mr. Lucas requested that they have a twenty year extension of amortization on the property. Councilmember Rocha thanked Mr. and Mrs. Lucas for keeping the bus area clean and for removing a wall. Ms. Mercedes Castro, representing the Azusa Chamber of Commerce requested that they have a twenty year extension noting that they are a very good business. Mr. Lee Ambers on behalf of the Patterson Family of Freeman's address Council expressing concern regarding the Brown Act, based on receiving notice of the meeting on Friday after he found out it was on the agenda. He expressed concern regarding the business being referred to as detrimental to public heath, safety and welfare. He expressed concern that the reason for the land use issue is that the City is trying to lower the value of the property to redevelop the property. He requested that they maintain the property until a redevelopment project Is selected for the property. He stated that he is not aware of any illegal parking on the lot the adjacent vacant lot. He advised that Mr. Patterson provides a service to the community and they want to negotiate the contract and stay in that location. Sched Items Extension of Amortization Period non- conforming uses S. Hightower comments J. McJunkin Comments Re: Max's Repair Shop A. Morales Comment R. Lucas J. Rocha M. Castro Comments EI Camino Auto Repair L. Ambers 204 E. Foothill Freeman's Tow Mr. Lee Patterson addressed Council on behalf of the Garrido Family of Auto Specialist, stating L. Patterson that they have operated for about four years. He stated that there is no storage of the U -Haul Comments truck at that address and that he has had a successful business. He stated that what is being done to him by the City is not right and talked about his time here in the city. City Attorney Carvalho responded to comments made advising that this was not a public hearing requiring publication and that the agenda was posted in a timely manner which is within 72 hours of the meeting. She stated that the extension was initiated by the applicant, therefore, they should have known when the item was going to be agendlzed; there was no Brown Act vlolation. She also detailed State Law on what Cities can do with properties, i.e. zoning, amortization, and what occurred in 1983 and what is being considered the proper land uses on these properties at this time. She also responded to question regarding notification of a property that it is a non -conforming use and Is amortized; noting that business licenses could 'red Flag these properties or perhaps the city can impose a requirement to record a notice against the property noting the amortization. Moved by Councilmember Hanks, seconded by Mayor Pro -Tem Hardison and unanimously carried to approve an extension of the amortized use for Cappello, Max's Repair Shop, 619 N. San Gabriel Avenue, until January 2013 with the following conditions: a. there can be no further extension of time; b. The auto repair use must cease prior to January, 2013; c. There can be no expansion of the auto repair or similar use; and d. The property be well maintained and the operation of business shall meet all Development Code standards; and e. the wall In the front shall be restored or a new similar wall built and the area landscaped. 08/15/05 PAGE THREE City Attorney Comments Max's Repair Shop Extension Granted L� 1 Moved by Mayor Councilmember Hanks, seconded by Mayor Pro -Tem Hardison and unanimously carried to approve an extension of amortized use for Rosales and Lucas, EI Camino Auto Repair, located at 633 N. San Gabriel Avenue, until January 2013 with the following conditions: a. There can be no further extension of time; b. The auto repair use must cease prior to January, 2013, c. There can be no expansion of the auto repair or similar use; and d. the property shall be well maintained and the operation of the business shall meet all Development Code standards. Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Rocha and unanimously carried to approve an extension of the towing service use located at 204 E. Foothill Boulevard, owned by Mr. Patterson and the auto body/repair use located at 632 N. Alameda Avenue, owned by Garrido Family, until February 1, 2007 with the following conditions: a. There can be no further extension of time and the uses shall cease before the deadlines; b. There can be no expansion of the amortized/illegal uses in the interim; and c. The property shall be well maintained and the operation of the businesses shall meet all Development Code standards, including signs. Moved by Councilmember Carrillo, seconded by Councilmember Hanks and unanimously carried to require the truck rental business located at 204 E. Foothill Boulevard, owned by Mr. Patterson, to cease operation January 1, 2006, with the following conditions: a. There can be no further extension of time and the use shall cease before the deadlines; b. There can be no expansion of the amortized/illegal use in the interim; and c. The property shall be well maintained and the operation of the businesses shall meet all Development Code standards, including signs. EI Camino Auto Repair Extension Granted Freeman's Tow, and Auto Body Use Extension Granted U -Haul Extension Granted The property located at 650 N. Azusa Avenue, owned by Wayne and Valda Fletcher/James and Wimpey's Sharon Yenyo, Wimpey's Pawn Shop, was not discussed or considered at this time as scheduled. No action PUBLIC HEARING — a request by Azusa Pacific University for approval of a Specific Plan and Pub Hrg Development Agreement. Azusa Pacific University The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication Hrg Open of notice of said hearing published in the Azusa Herald on August 4, 2005. Assistant Community Development Director Onaga provided a summary of the Planning Commission recommendation regarding the Specific Plan and the Environmental Impact Report, but not the Development Agreement. He stated that the Planning Commission had concerns regarding the following: Aesthetics: Foothill/Alosta Streetscape — The concerns were about the visual impact of 50 foot tall building s along the corridor. In response, APU prepared diagrams and renderings to illustrate what certain segments of the corridor would look like at build out under the proposed height standards. The Commission was satisfied with the setbacks and height standards after viewing the renderings. Circulation: Palm Drive/Foothill Boulevard — The City's Engineering Division is concerned that the distance is too close to accommodate safe left turns onto Foothill Boulevard exiting the West Campus. Additional language has been added to the Specific Plan that calls for the City to review future access concepts jointly with APU and Rosedale representatives to devise a circulation plan for and/or around the Foothill Blvd./Palm Ave, intersection that will minimize the potential for turning movement conflicts. Community Serving Retail: The language in the agreement, a Disposition and Development Agreement of 1999, that the scope of development was to provide commercial/retails services to both the student population and the surrounding community at the northeast corner of Stein Lane and Foothill Boulevard. The December 2004 version of the Specific Plan does not contain a similar requirement, but, the Planning Commission recommended that 6,500 square feet of community oriented retail space should be required. Drive in Theater Marquee Sign: Although two members of the Commission disagreed with the EIR's conclusion that the marquee sign was a "significant" historic resource worth preserving, APU representatives stated that they had worked closely with the City's Cultural and Historic Preservation Commission and others, and now believe that the marquee sign can be working into their long range development plan, and they do not object to the mitigation measure. Asst Com Dev Dir Onaga Comments Mr. Mark Dickerson, Attorney for Azusa Pacific University, displayed slides of the project Specific M. Dickerson Plan and detailed plans for the project; he introduced project Architect Richard Thompson, Comments Planner Woody Tisher, Traffic Engineer Shan Moan, Jim Field, and he answered questions posed by Councilmembers. I The following persons expressed their support in favor of the project: Art Morales, Jorge V. Testimony Rosales, Alice Watkins, and Cynthia Cervantes McGuire, After additional comments, it was consensus of Councilmembers to continue the Public Hearing PH continued to the City Council meeting of Tuesday, September 6, 2005. to 9/6/05 08/15/05 PAGE FOUR 7 Mayor Chagnon requested that Staff and City Attorney Carvalho review the 1999 Disposition and Chagnon Development Agreement (DDA) and all its contents, with Azusa Pacific University for the Request purchase of the Krems Property to make sure all of the requirements have been implemented and if they haven't, see how the current Specific Plan can dove tail into it. She asked that they come back to the meeting of September 6, 2005, with the information i.e. 1999 APU DDA versus APU Specific Plan, how they coincide or where there are inconsistencies. PUBLIC HEARING — to consider the adoption of a resolution finding the City to be in Pub Hrg conformance with the Los Angeles County Congestion Management Program and adopting the Congestion CMP Local Development Report. Management Plan The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication Hrg Open of notice of said hearing published in the Azusa Herald on August 4, 2005. Testimony was solicited, but, none was received. Testimony Moved by Councilmember Hanks, seconded by Councilmember Carrillo and unanimously carried Hrg Clsd to close the Public Hearing. Councilmember Rocha offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, FINDING THE Res. 05-C67 CITY TO BE INCONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) City CMP AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH Conformance CALIFORNIA GOVERNMENT CODE SECTION 65089. Moved by Councilmember Rocha, seconded by Councilmember Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Adoption of the Fiscal Years 2006-2010 Capital Improvement Program (CIP) Budget. CIP Budget Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Hanks and unanimously Approved carried to adopt the City's Capital Improvement Program (CIP) for the City's Utility Operations in the amount of $7,536,000 for fiscal years 2006-2010. It was noted that the full CIP will be resubmitted for City Council approval in September, 2005 and appropriations for projects in the amount of $10,225,139 for fiscal year 2006 are submitted for review as identified in Exhibit A. The CONSENT CALENDAR consisting of Items D-1 through D-10 was approved by motion of Consent Cal Mayor Pro -Tem Hardison, seconded by Councilmember Hanks and unanimously carried, with Appvd D-4 the exception of item D-4, which was considered under the Special Call Portion of the Agenda. Spec Call The Minutes of the regular meeting of August 1, 2005 and the regular adjourned and Min approved special meeting of July 25, 2005, were approved as written. 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or regular appointment: S. Smith and S. Abou-Taleb Item New Appointments: G. Juarez, Police Officer Trainee, S. Mandella, Police Dispatcher, S. Hall, Apprentice Line Mechanic, C. Williams, apprentice Line Mechanic Flexible Staffing Promotion: P. Branconier, Water Distribution Worker 111 Promotion: R. Tapia, Customer Care Operations Supervisor Reclassification: F. Cawte, Administrative Technician, C. Curiel, Engineering Assistant Separations: L. Resto-Ometeotl, W. Nakasone, M. Lorusso ' 3. The Notice of Completion for the Electric Yard Renovation Project was accepted and the Notice Comp City Clerk's Office was directed to have same recorded at the Los Angeles Registrar Electric Yard Recorder. Spec Call 4. SPECIAL CALL ITEM. 5. The contract for professional services to prepare the 2005 Urban Water Management Pian Prepare UWP update was awarded to Stetson Engineers, Inc. Stetson Engr. Approval was given to solicit bids for the pre -purchase of Water Treatment Plant (WTP) Pre -purchase membrane filters and appurtenances and staff was directed to advertise for bids. WTP 08/15/05 PAGE FIVE 7. Approval was given to Novell for the software maintenance and license agreement in the Maintenance amount of $13,505.00. Agmt Novell 8. Approval was given for a purchase order with Azusa Glass Company for the purchase of P.O. Azusa bulletproof windows and dual pane windows for the south end of the Police Department, Glass—PD in an amount not to exceed $11,600. 9. Approval was given to a request by Lt. Reed to receive his lump sum option for health Health Ins insurance during his retirement and that the payouts occur after January 1, 2006. Lump Sum Approval was also given for a budget amendment transferring $185,725.87 from the Option General Fund (10) to the Employee Benefits Fund (4 1) effective January 1, 2006. Lt. Reed 10. The following resolution was adopted and entitled: ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 05-C68 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warrants TO BE PAID. SPECIAL CALL ITEMS Spec Call Mayor Chagnon addressed item regarding the Loa n Subordination for the commercial property Loan Sub at 124 E. Santa Fe, and the Seismic Retrofit Loan for $85,000, they have with the City. The 124 E. Santa Fe request of The Bashful Butler LLC. is to subordinate the trust deed securing the City's $85,000 Seismic Retrofit Loan to a 1"Trust Deed with New Haven Financial, Inc., for $475,000 in order to refinance their primary mortgage. She requested that the loan subordination request be denied and that the loan be paid off. Moved by Councilmember Carrillo, seconded by Mayor Pro -Tem Hardison and unanimously Loan carried to denied the loan subordination request for the Commercial Property located at 124 E. Subordination Santa Fe and that the loan be repaid to the City immediately. Denied THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 9:52 P.M. Convene CRA THE REDEVELOPMENT AGENCY ADJOURNED AND THE CITY COUNCIL RECONVENED AT 9:55 Convene City P.M. 'The City Council recessed to Closed Session at 9:56 p.m. to discuss the items not addressed at Recess Closed the beginning of the City Council meeting. Session The City Council reconvened at 10:45 p.m. It was consensus to adjourn the meeting in memory of Casey Denise Andino and Grace Garcia, mother-in-law of Rosie Garcia. TIME OF ADJOURNMENT: 10:46 P.M. NEXT RESOLUTION NO. 2005-C69. NEXT ORDINANCE NO. 2005-07. 08/15/05 PAGE SIX Reconvened Adjourn in Memory Of Casey Denise Andino & Grace Garcia