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HomeMy WebLinkAboutMinutes - May 15, 2006 - CCCITY OF AZUSA ' MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, MAY 15, 2006 — 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 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. Conf w/Legal 54956.9(x)) James Goode v. John T. Malloy, Inc., et al., KC 047056R Counsel REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Pro The City Council recessed to Closed Session at 6:30 p.m. to discuss the following: Recess Negotiating Parties: CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Conf w/Labor City Manager Delach and Assistant City Manager Person Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiators Organizations/Employee: APMA, AMMA, CAPP, LABORERS, IBEW REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Address: 303 East Foothill Boulevard, Azusa, CA 91702 (Zerbe) Negotiation Negotiating Parties: Mr. Robert Zerbe Zerbe Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment PUBLIC EMPLOYEE APPOINTMENT Pub Emp Appoint Title: Chief of Police CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. Conf w/Legal 54956.9(x)) James Goode v. John T. Malloy, Inc., et al., KC 047056R Counsel REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Pro Property Address: 100 East Foothill Blvd, Azusa, (Wimpey's) Negotiation Negotiating Parties: Mr. Wayne Fletcher and Mr. Jim Yenyo Wimpey's Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment The City Council reconvened at 7:30 p.m. City Attorney Carvalho advised that Reconvened the Employee Appointment item was not completed. With regard to the Real Property City Attorney Negotiation Item, the Zerbe property, Mayor Diane Chagnon recused herself due to a conflict of interest. Mayor Chagnon called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION - was given by Carl M. Fonoimoana of the Canyon City Foundation. There was Invocation a Moment of Silence for the families of soldiers who are serving the Country. ' ROLL CALL PRESENT: COUNCILMEMBERS: HARDISON,CARRILLO, ROCHA, HANKS, CHAGNON ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Economic Development Director Coleman, Public Information Officer Quiroz, Interim Chief of Police Garcia, Rosedale Project Manager Bruckner, Assistant Community Development Director Onaga, Assistant Building Inspector Keyes, Library Director Tovar, City Treasurer Hamilton, City Clerk Mendoza, Deputy City Clerk Toscano. Roll Call Also Present An item of subsequent need arose regarding support to elect Long Beach Councilmember Item of Tonia Reyes Uranga to be the next Eastern Cities Representative on the South Coast Air subsequent Quality Management District (SCAQMD) Governing Board of Directors. It was moved by need Mayor Chagnon, seconded by Councilmember Hardison and unanimously carried to SCAQMD mbr agendize item as D-7 on the Consent Calendar. PUBLIC PARTICIPATION Azusa School Board Member Barbara Dickerson addressed Council requesting that, as part of the High School and Beyond Project, the City partner with the Azusa Unified School District to recognize Azusa students who have identified post secondary plans to attend a ' two to four year college, a technical school or to serve in one of the military branches. She asked that Council choose a month for the recognition to be held and that students be given certificates as a form of recognition at a City Council meeting. She provided statistics regarding the need for students to attend college. She also noted that Azusa Unified School District will be holding a Parent University on May 20`h, an all day event to give parents and students tools on how to participate In post secondary education. She then responded to questions posed by Councilmembers. it was consensus of Councilmembers to go forward with the concept and that the month of July be selected for the recognition, on the first meeting. It was noted that this year's first meeting in July is canceled, but another date would be selected. Mayor Chagnon suggested that Cable Television run the names of the students that will be attending college or be going into the military. Ms. Madelyn Payne and Mr. Robert Donnelson, Library Commissioners addressed Council inviting them and the community to a special lunch at the Library at the Library Auditorium on Saturday, May 20th at 12 noon; bring your lunch and drinks and dessert will be supplied. The program will consist of the Library Bond Act of 2006, Proposition 81 and what it will do; the pros and cons of the issue. Ms. Payne noted that Council passed a resolution in January, 2006, in support of the Proposition. She noted there is a need for a new Library in Azusa and although they may not directly benefit from this proposition, better Libraries in California benefit all communities. This lunch was planned by Library Commission and Friends of the Library. Public Part B. Dickerson Comments M. Payne Comments Robert Donnelson ' Mr. Jonathan Weir of Azusa addressed Council stating that he has been selected to attend J. Weir the Junior Statements Summer School at Yale University in the month of June. He stated Comments that the program is limited to 250 outstanding high school students and they will be studying college level courses. He requested sponsorship so that he may attend; the total cost Is $3,875. Persons wishing to contribute should call (626) 2604609 or send to: 197 N. Rodecker Drive, Azusa. It was consensus of Councilmembers to give direction to staff to Issue a check in the amount of $100 to Jonathan to attend Yale University. Mr. Patrick Mallon addressed Council expressing his opinion about the City of Azusa, what P. Mallon his thoughts were before be moved here regarding its bad reputation and the progress that Comments has been made during the last four years; he thanked the City Council for their direction; he listed many projects proposed and existing in the City at this time. Ms. Tirrie Moreno addressed Council submitting a petition for angled parking on Alameda T. Moreno Street, from 91' to 10`h Street. She stated that for her, it has become a safety issue, due to Comments the lack of parking when her family arrived home late at night and has to park on surrounding streets. Mayor Chagnon advised that Staff would prepare a response back to her. Ms. Stephanie Mills addressed Council voicing her objections to overnight parking restrictions, noting that she doesn't have a garage to park her car in. She stated that overnight parking is okay for the Rosedale Project, questioning why the residents of Azusa have to pay for it. Mayor Chagnon responded stating that the overnight parking issue will come back but that the intent of overnight parking ordinance will be driven by the residents, ' the residents could petition the Council for no overnight parking in their area. Further, that the Council is not advocating no overnight parking; the residents will be able to do it. Mr. Miles Rosedale addressed Council and announced the opening of the Canyon City Foundation business, formerly the City of Azusa Monrovia Nursery Foundation. He noted that the great spirit the City of Azusa shows, especially Mayor Pro -Tem Rocha, who work together with its residents who reclaim their space and keep the City beautiful and also work neighbor to neighbor. He thanked Mayor Chagnon for her effort to see that the Foundation came about. He stated that the Monrovia Nursery contributed 2.5 million to the Initial formation of the Foundation of which 500,000 was set aside for the Library, and there is an ongoing fund that will be contributing to the Foundation, 1/2 of 1% of the resale price of all the homes in the new community. 05/15/06 PAGE TWO S. Mills Comments M. Rosedale Comments Canyon City Foundation He stated that this year they are offering grants to efforts in the City of $125,000 total, Mr. Rosedale which range from $5.00 - $25,000. The Foundations mission is to promote Social Welfare, Continued Education and the Arts, it will achieve it's mission by providing support to non-profit organizations and government entities which provide services to the City of Azusa. The members of the Board include: Himself, Marianna Hlava, Carl Fonoimoana, Rick Cole, Mark Dickerson, and Barbara Dickerson who serves as an administrator, he stated that they serve without compensation and are really dedicated to the effort. To contact the organization the e-mail address is: bard I 2pcharter.net, or call (626) 422-7844, they will be accepting applications in June through September and will be awarding grants through December. He then responded to comments from Councilmembers. Mr. John Melanson addressed Council presenting a petition containing 230 additional J. Melanson signatures against Azusa Municipal Code Section 88.36.030, regarding the parking of motor Comments homes and RV's. Mr. Kenneth Fraser addressed Council expressing his opposition to an overnight parking K. Fraser ordinance. He stated that he is in favor of street parking and would like to put the question Comments to a vote where the majority would win. Ms. Pamela Vera addressed Council expressing her concern over the overall code P. Vera enforcement issues; stating that property is a person's inheritance and shouldn't be forced Comments to move or sell their properties. She wished peace and guidance to the City Council. Mr. Jorge V. Rosales addressed Council stating that he is in favor of broadcasting all Council meetings on Cable Television; he distributed paperwork of the 18 additional meetings held within the year, noting that he has been advocating and documenting then for months; further that important issues are discussed at the workshops, special and adjourned meetings. He also stated that he is in favor of City Hall in Motion, which would take Council and staff to other places, i.e. Memorial Park, Woman's Club, schools and believes it's a positive move. With regard to item C-5, Rosedale related agreements, he agrees with all the necessary agreements for the water basins required, as well as the extension of Citrus Avenue and underpasses, but, noted that ALP is turning over the responsibility of maintaining the water reservoir to HOA, and the City of Glendora is now demanding that the ' City of Azusa put its name on an agreement just to insure, if the HOA does not maintain the basins properly, the City of Azusa and it's residents are responsible for the maintenance. He suggested that the City demand a guarantee, a bond of some sort from ALP, so in the future the HOA will insure the proper maintenance of the basins. He also stated that he does have concerns with the Watt and Trachman Agreements. Mayor suggested that Mr. Rosales speak directly with Mr. Coleman regarding those concerns. Mayor Pro -Tem Rocha responded to comments made by Mr. Patrick Mallon. First, he thanked Suzanne Avila for all her years of work on Think River Project and also thanked Luisa Miranda and former Mayor Cristina Cruz Madrid who sought the funding to re -open the Azusa Health Center. He responded to comments made by Mr. Mallon, stating that the City he described was not the City Mr. Rocha grew up in. He noted the many fine people in the City who grew up in Azusa and stated that if it was the City that Mr. Mallon described, they would have never remained here. He reminisced about the past and about the many good people grew up in and still remain in Azusa. He stated that Mr. Mallon's statements were biased and he wanted to set the record straight and refute his statements, noting that the City didn't magically become good in the past four years, it was a good City before the Rosedale Project and that the description by Mr. Mallon was not true. He noted that he had the best childhood years in Azusa and reiterated that it has always been a beautiful City, REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF J. Rosales Comments Rocha comments Rpts/Updates City Manager Delach announced that today, May 15th is the first day of the contract for City Mgr ' Graffiti Abatement; the number to call for Graffiti removal 812-5200 x 5489. He requested reaffirmation or confirmation of the approvals of Joint Community Facilities District Agreements for the Rosedale Development which includes the agreements with the old Blue Line, which is now the Gold Line, the Glendora Agreements and the Azusa Unified School District agreement, stating that since they have had minor changes, with approval he would sign them. Mayor Pro -Tem Rocha addressed the Status Report on the Rosedale project with concerns Rocha regarding the hauling of excess soil from the project suggesting that staff alert the Principal Comments of Hodge school to find out what time the kids in that neighborhood will be crossing the streets, that they look into the trucks as they don't have tarps on them, and that the Vulcan Haul Road is the best option. 05/15/06 PAGE THREE With regard to the Archaeology, where Cogstone has agreed to set up a temporary display, Rocha he reminded staff that the artifacts belong to the City. He addressed the issue of Citrus Ave. Comments Maintenance Agreement where It states that Azusa would pay for the maintenance of Citrus continued Ave. until use by Glendora and at that point fair share maintenance cost will be allocated to the two cities, he asked if Glendora was paying its fair share on old Foothill Boulevard to where Citrus curves to the east and lastly, with regard to Azusa Veterans Way, he stated that he had expressed interest in a Flag pole and lighting in the median at Azusa as Chairperson of the Veterans Committee, not as a Councilmember. City Manager Delach noted with regard to Citrus Ave., he would research the current question, but that the agreements on the agenda were pertaining to the new extension of Citrus Ave. ' Mayor Pro -Tem Rocha addressed Item regarding Expanding Contract Services with Charter Rocha Communications to include broadcasting Council Workshops, stating that he feels it is Comments Important to televise Utility Board meetings as well as Special, and Adjourned meetings. He Televising requested that this be brought up In renegotiations with Charter Communications next year. meeting Councilmember Hardison responded stating that the workshops are usually informal and he Is against televising them, but he does want to see people come to the meeting and provide their input. He stated that it would cost more money to televise the workshops, which are held to discuss items so that Council meetings will not run late into the night. Councilmember Hanks stated that he thinks Planning Commission meetings should be televised, that it would be worth while and important and should consider putting them on cable. Councilmember Hardison stated that he thinks Azusa School Board meetings should be televised. Assistant City Manager Person addressed the issue stating that the City has the right to ask for PEG support which is Public Education Government Access Channels and that Is there are not in the contract now; they could be included in the 2007 contract. He stated that in the current Franchise Agreement Charter should providing four meetings per month in addition to 10 selected events per year so the request could be accommodated according to what the Council would like. Hardison Comments Asst. City Mgr Comments Councilmember Hardison recognized Mr. Mallon for coming forward and speaking after only Hardison being in the City for four years and noted that he shouldn't get chastised for not knowing the Comment history of Azusa; he thanked him, applauded him and stated that he appreciated him. Councilmember Carrillo commented on Mr. Mallon's comments stating that he agrees his Carrillo description of Azusa is not the City he grew up in, but he also agreed with Mr. Hardison, he Comments stated that he himself lives here by choice, and there are many difficult decisions that need to be made; he talked about the overnight parking issue and asked all to have an open mind regarding the issues. Mayor Pro -Tem Rocha invited all to the Memorial Day observation on Monday, May 29, Rocha 2006, at 10:00 a.m. at the Flag pole in front of City Hall; this year the event will be Comments dedicated to Trygve Syverstad, WWII Veteran. He responded to comment by Councilmember Hardison stating that he does not chastise people; he just wanted to present the other side of the issue. 05/15/06 PAGE FOUR After additional discussion between Councilmembers and Staff, it was consensus to refer the Discussion matter to budget meetings in June to look into the feasibility of how to use the resources Referred to available to the City by Charter Communication. City Manager Delach added that cable Budget Mtgs ' television and the telephone companies are working through State and Federal Legislation to remove the franchising authority from local government. Mayor Pro -Tem Rocha addressed item regarding City Hall in Motion stating that he has been Rocha pushing this concept for the past five years of bringing city hall out to the people like at Comments Golden Days and Concerts in the Park. He stated that the meetings will be informal City Hall in meetings. He stated that one reason for not doing the meetings in the .past was the Motion question of comp or overtime; and yet there are not Town Hall Meetings. City Manager Delach advised that usually staff members present do not receive comp or overtime, but he stated that during his time at the City the question of cost wasn't brought to him; he stated he just wanted to know what neighborhoods the meeting would be held. Mr. Rocha referred to the new Development Code as a source of information that needed to go out to all areas of the City so that residents will be aware of the penalty if it is violated. Additional discussion was held between Mayor Chagnon and Mayor Pro -Tem Rocha and it was consensus that this item also be brought to the budget meeting in order that Councilmembers budget and plan the time and subjects that may be discussed. Councilmember Hardison recognized Mr. Mallon for coming forward and speaking after only Hardison being in the City for four years and noted that he shouldn't get chastised for not knowing the Comment history of Azusa; he thanked him, applauded him and stated that he appreciated him. Councilmember Carrillo commented on Mr. Mallon's comments stating that he agrees his Carrillo description of Azusa is not the City he grew up in, but he also agreed with Mr. Hardison, he Comments stated that he himself lives here by choice, and there are many difficult decisions that need to be made; he talked about the overnight parking issue and asked all to have an open mind regarding the issues. Mayor Pro -Tem Rocha invited all to the Memorial Day observation on Monday, May 29, Rocha 2006, at 10:00 a.m. at the Flag pole in front of City Hall; this year the event will be Comments dedicated to Trygve Syverstad, WWII Veteran. He responded to comment by Councilmember Hardison stating that he does not chastise people; he just wanted to present the other side of the issue. 05/15/06 PAGE FOUR Mayor Chagnon publicly apologized to Mr. Jorge Rosales for not calling on him to speak at a prior public hearing with regard to the parking restricting issue, which was cancelled. She requested that staff add to budget discussion the idea of extending library hours during peak times, and/or during summer, etc. She referred to the Park and Recreation Activity Book, highlighting swimming lessons, encouraging attendance and also to attend Summer Splash 2006 which the reopening of the Splash Pad and a the location for City Hall in Motion on Saturday, June 24th from 11 a.m. - 3:45 p.m. at Slauson Pool, noting that it is also the time for a ribbon cutting for the Restroom Facility, registration for swimming lessons, hot dog, chip and soda lunch and free swim. She stated that last night the movie, My Child Mother's Of War at the Regency Theater and thanked the owner for the use of the theater; she detailed its contents and encouraged groups and organizations to show it. She then announced the following meetings: May 16, 2006, Town Hall Meeting — Disaster Preparedness: Memorial Park, 7 p.m., May 17, 2006, Gold Line Station Design Meeting - Senior Center at 6:30 pm., May 22, 2006, Utility Board Meeting, May 30, 2006, Utility Board Workshop — FY2007 Budget Review, May 30, 2006, City Council Workshop — Code Compliance, June 5, 2006, City Council Meeting, June 12, 2006, FY 2007 Budget Review, June 19, 2006, City Council Meeting. She talked about Mayor Pro -Tem Rocha's Retirement Dinner and announced the Groundbreaking of the Breezeway on Azusa -Avenue, Tuesday, May 16`h at 5:15 p.m. SCHEDULED ITEMS Mayor Chagnon Comments Sched Items PUBLIC HEARING - Ordinance Amending Chapter 14 Azusa Municipal Code, Adoption of Pub Hrg CA 2004 Edition of the California Electrical Code. Electrical Code Economic Development Director Coleman addressed the issue stating that in order to bring B. Coleman the Azusa Municipal Code up to date to reflect the current electrical code and that the Economic changes are minor. He requested adoption of the 2004 Edition of the California Electrical Development Code. Director The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of Hrg open ' publication of notice of said hearing published in the San Gabriel Valley Tribune on May 5, Testimony/none 2006. Testimony was solicited, but none was received. Moved by Councilmember Hardison, seconded by Councilmember Hanks and unanimously Hrg closed carried to close the Public Hearing. Councilmember Hardison offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 14 OF THE AZUSA MUNICIPAL CODE ADOPTING BY REFERENCE THE 2004 EDITION OF THE CALIFORNIA ELECTRICAL CODE, AND AMENDING SECTIONS 14-1 AND 14-91 REFERENCING CODE ADOPTIONS. Moved by Councilmember Hardison, seconded by Councilmember Carrillo to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE PUBLIC HEARING — Landscaping & Lighting Assessment District for Fiscal Year 2006-2007, and annually thereafter. ' City Engineer Scott addressed the Hearing stating that each year at this time the Engineering Division summarizing and confirming the revenues for the past year for Landscape and Lighting and Maintenance District, under the Streets and Highways Code. He recommended no changes to this year's fee schedule and that revenues were $133,503. He stated that staff would prepare a, report within the next nine months in order to find out if Council would like to do rate changes sometime in the future. Ord No. 06-04 Amend Chapter 14 of the AMC by Reference 2004 Elect Code Pub Hrg Landscaping And lighting City Engr Mike Scott comment The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of Hrg open publication of notice of said hearing published in the Azusa Herald on May 4, 2006 Azusa Herald. 051I 5/06 PAGE FIVE 1 Mr. Jorge Rosales addressed the Public Hearing stating that he was glad to hear that there would be no changes to the Lighting District Maintenance. He questioned a discrepancy that appears on the staff report and the Engineers for cost of maintaining the property of $1.4 million and $1.26 million a $250,000 difference. Further that $10,000 is being allocated to graffiti abatement and he asked if this is a duplicate of the budget. He asked what the $36,000 in the Engineers Report was for entitled: "Incidental Expense". City Engineer Scott responded stating that $10,000 for graffiti has been allocated in the past to the Parks and Recreation contractor who maintains the irrigation system and lighting and they remove graffiti from control boxes and street light poles. He stated that with regard to the $36,000 incidental expenses; they receive that from the Parks and Recreation program and he would get back to Mr. Rosales with the explanation on it. He stated that there is a little Fluctuation with the fees and that may cause the slight difference with the Engineers estimate. Mr. Art Morales addressed the issue stating that there are some powerful lights on Citrus in front of APU and he asked if the City council install the same kind in the downtown area; he stated that the one's currently there are not good. He noted that the drinking fountain, and restroom and not working properly at Slauson Park. He voiced his opposition to taxing signs. Councilmember Rocha responded to the question of lighting on Citrus stating that the lighting was paid for by Azusa Pacific University and that there is a need for such lighting on Cerritos, in front of Azusa High school he will provide the cost and provider to Mr. Morales if he wished; he thinks the cost is approximately $70,000. J. Rosales Comments M. Scott City Engr A. Morales Comments Rocha Response Moved by Council member Carrillo, seconded by Mayor Chagnon and unanimously carried to Hrg closed close the Public Hearing. Counciimember Hardison offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res. 06-C32 CONFIRMING THE ENGINEER'S REPORT AND ASSESSMENT FOR THE 2006-2007 Landscape & LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1 (COMMUNITY Lighting MAINTENANCE FEE) PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 Moved by Councilmember Hardison, seconded by Councilmember Hanks 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 PUBLIC HEARING — Code Amendment Number 221 — Development Code. Proposed Pub Hrg Ordinance approving miscellaneous adjustments (code cleanup) to the 2005 Development Code Amend Code and resolution regarding penalties for violation of the Development Code'. With the Dev Code exception of items which will be deferred until after the May 30, 2006 Council workshop on Code Compliance Issues: a. 88.36.030.E, RV parking regulations, b. 88.36.090.A.4, Parking on front lawns, c. 88.36.100.13.2, Location of driveways The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice of said Hearing published in the Azusa Herald on May 4, 2006. Assistant Community Development Director Onaga presented a summary of the major items that will be changed listed on Exhibit A and highlighted the following: • Consider allowing Wholesale Plant Nurseries within DWP/Edison R -O -Ws in all zones with a minor use permit. • Allow senior citizen apartments in DTC and DCC • Require a Use Permit for Live Entertainment. This provision does not apply to faculty or staff music recitals, dramatic presentations and other events that fall within this definition that are conducted on the Azusa Pacific University campus, as these activities are expressly permitted under the APU Specific Plan. 05/15/06 PAGE SIX • The building height regulation — expressed in terms of stories and feet - is made clear that the standard is the lesser of the two figures. For example, if the maximum height is listed as "3 stories or 35 feet", adding the word "whichever is less" makes it clear that a 40 foot high 3 -story building is not permitted. Also related to building heights, the standard for buildings in Districts and Corridors is changed from 2 '/z stories or 35 feet, to 3 stories or 35 feet. • Downtown District boundaries — various diagrams need to be revised so the boundaries of the Downtown coincide with the official zoning map — the Downtown DTC ends at 5hStreet. ' • Retaining walls. Benching of sloped areas — retaining walls cannot exceed 36". Consider raising the maximum height to five feet (60") to account for existing retaining walls in hillside neighborhoods. • Add standard to prevent excessive paving of a front yard for single-family homes — limit driveways and walkways to no more than 45% coverage of the front yard. • Prohibit parking on a front lawn. This clarification is added to prohibit parking on a front lawn even if the house is located well behind the minimum front yard setback area. Cars may only park in a driveway — including circular driveways. • An adjustment requested by Code Compliance to remove the 24 hour allowance to park RV's before a violation occurs, and to include boats and trailers (see page 20 of Exhibit "B"). An exception is provided by permit to temporarily park an RV for a period of time not to exceed 14 days — for example for out of town visitors traveling In an RV. The proposed changes do not affect where, on a lot, an RV may be parked. • An adjustment requested by Code Compliance to remove the three hour allowance to park a commercial vehicle on a residential property. The Code Compliance staff believes the three hour "grace period" makes the regulation difficult to enforce. • The current Code prohibits animated signs — which include electronic message ' display signs. The proposed amendment allows electronic signs that change less frequently than once every five minutes. Subsequent to the Planning Commission's recommendation, staff had been informed that the electronic reader board sign at Azusa Avenue and the 1-210 Freeway was in need of an upgrade that may involve structural alterations and/or an expansion of the sign face area. To allow this upgrade, and to allow messages to change more frequently than once every five minutes, the Council may also want to consider adding an additional provision (see page 25 of Exhibit "B") that exempts the existing reader board sign on Azusa Avenue and the 1- 210 Freeway. This provision would allow the sign to be maintained and remodeled. • Add an exception to the rear lot coverage as it applies to accessory buildings (i.e. detached garages) for lots with rear alley access. For lots with rear alley access, a detached garage which provides vehicular access to the alley only shall not cover more than 80 percent of the rear setback area and shall be set back a minimum of three feet from the rear lot line. The effect of this change is to allow garages with alley access to be placed to the rear of the lot with the usable "back yard" area between the house and the garage. The standard for separation between buildings will preserve a permanent outdoor living area between the garage and the house. • Mixed use. Commercial unit depth standard — requires the nonresidential component to be too deep for some types of retail users. Consider reducing the minimum depth from 75 feet to 50 feet. ' Add a notification requirement for second story additions where adjacent parcels are developed with single -story homes. • Nonconforming uses — a resident in DTV has asked the City to remove the restriction on expanding a nonconforming single-family home. Staff recommends against this change. Allowing nonconforming uses to expand will make it harder to achieve the long range goals of the General Plan. Add amortization of nonconforming site improvements — Trash Enclosures - one year; tents and portable shelter structures — 90 days. 05/15/06 PAGE SEVEN • Add a provision allowing the City Council to "call up" a decision of the Planning Commission. Staff had recommended that a "simple" call up provision be added that allows the majority of the Council to call up a decision of the Planning Commission. The Planning Commission recommended that the Code contain a requirement that a Councilmember "calling up" an item explain why he is asking for the "call up", and require the applicant to submit a statement explaining why he disapproves of the Planning Commission's decision. After discussing this recommendation with the City Attorney, staff was advised that this type of language could be problematic because it could cause that particular Councilmember to disqualify himself for pre -judging the application. Staff's original language is included as an option to the Commission's recommendation (page 39 of Exhibit "B"). Staff believes that the Commission's version is not ideal because it could lead to the council member outlining his or her opposition to a project before it gets to the council. • Provisions related to the enforcement of the Development Code and conditions of planning permits — use permits, variances, design review, etc. (page 41 of Exhibit "B"). The purpose of this article is to establish the procedural and legal means to enforce the provisions of the Development Code. The new chapter makes it a misdemeanor to violate the Development Code, unless the particular violation is specifically designated as an infraction. It also allows the City Attorney or other prosecutor to prosecute the violation as an infraction if he determines that such action would be in the interests of justice. A • Along with this chapter, a separate resolution is recommended requiring "Prior to the filing of a misdemeanor criminal citation for a violation of the Development Code, the City Council shall be notified in writing of the nature of the complaint and shall approve the filing of the action". Adopt a separate resolution related to penalties — requiring City Council notification prior to charging a violation as a misdemeanor. Article 7 — Glossary (old Article 6) Add definitions: o "Guest House" — prohibit kitchens o "Live Entertainment" — for use permit purposes o "Multi -tenant center" for the purpose of parking standards ' o "Electronic message display". — to distinguish "electronic message displays" from prohibited animated signs. o "Story" and "half story" as used in Article 2 to regulate maximum building height. Ms. Frances Melanson addressed the issue questioning whether all of the City was residents F. Melanson were notified the law was changing regarding RV Parking and of the meeting on May 30'h, Comments regarding Code Compliance issues. She stated in collecting signature for the petition she has been circulating, they found that many areas were not notified of the change in the law. She questioned how the people will be notified. Mayor Chagnon responded stating that at the direction of the City Managerthe Code Chagnon compliance staff has sent letter to people who were out of compliance with the current Comments code. They did not do a blanket mailer or outreach to every household. She stated that they notice via the local newspaper. Ms. Melanson stated that people in the south end of town who do have RV's in the street F. Melanson and do have them in drive -ways were not notified by letter as in the north part of town. Comments City Manager Delach responded stating that he was informed by staff that people in all areas City Mgr of town were notified if they were out of compliance with the code with regard to RV Comments ' parking. Mr. Jorge Rosales addressed the Public Hearing citing several sections of the Development J. Rosales Code revisions of which he would like to comment as follows: 2.38 of 88.22.065, 3-31 of Comments 88.34, 2-38 of 88.24, 3-4 of 88.30, 3-47 of 88.36, 3.54 of 88.36, 4-68 of 88.46.0605-12 of 88.51, 5-12 of 88.51.032, 5-28 of 88.54.100, and 5-33 of 88.56. Mr. Art Morales addressed the Hearing noting the limited time he and others had to review A. Morales item as well as limited time to comment. He noted the effect the penalties, and fines would Comments have on violators and voiced his concern. He asked questions regarding commercial vehicle tonnage, and how they are defined; further voiced concern regarding the City's right to post signs in the parking lot. 05/15/06 PAGE EIGHT Moved by Mayor Pro -Tem Rocha, seconded by Councilmember Hardison and unanimously Public Hearing carried to continue the Public Hearing to the meeting of June 5, 2006, listed as the first item Continued to under Scheduled Items. June 5, 2006 Moved by Councilmember Hanks, seconded by Councilmember Hardison and unanimously Senate Bill carried to adopt an oppose position on SB 1778 (Alarcon) proposal to eliminate recycling 1788 credit for yard was as used as alternatively daily cover material, and authorize staff to send (Alarcon) letters to State Representatives and committees opposing the bill. Construction and Maintenance Agreements for Citrus Ave. and Palm Drive Undercrossings, Construction & Citrus Ave. Maintenance Sharing Agreement, Detention Basin MOU with the City of Glendora Maint Agmt, and other Agencies, and Joint Community Facilities Agreement, all related to the Rosedale MOU & JFCA Project. Rosedale Mayor Chagnon addressed the Issued stating that the MOU cites 518 acres, the Cost Chagnon Sharing Maintenance Agreement cites 489 acres, and the JCFA cites 317 acres; she Comments questioned by they are inconsistent. Mr. Bob Trapp of Azusa Land Partners responded stating that the 300 acres referenced in B. Trapp, ALP the CFD agreement does not include 200 acres of open space; the acreage is for reference Response purposes only. Mayor Chagnon addressed the Cost Sharing Maintenance Agreement asking what will Chagnon happen after 20 years, the length of the agreement. Discussion was held between Mayor Comments Chagnon, City Attorney Carvalho, and Project Manager Bruckner regarding the Cost Sharing Discussion Maintenance Agreement with the City of Glendora for the extension of Citrus Avenue and related improvements. It was noted that new studies will be done after twenty years, if needed the agreement will be renegotiated, the allocation will be determined by a traffic study, and the City of Azusa will be the beneficiary of Glendora's failure to renew. Mayor Chagnon noted that the Construction and Maintenance Agreements for the Citrus and Chagnon Palm Drive Undercrossing needed the date in April changed to May 15`" • as well as the JCFA, Comments City of Glendora. She addressed the CFD asking when it will end. Project Manager Bruckner Bruckner & 'and Mr. Trapp, responded stating that the CFD is composed of two components; the Trapp construction component where they sell bonds and they are paid off in thirty years, and the Response maintenance responsibility that the City to add for the parks which will be ongoing, forever. Lastly, Mayor Chagnon requested that on page 11 of the JCFA that the ALP name Chris Gibbs Chagnon be changed to generic, i.e. President, and/or add "or designee". Comments Moved by Councilmember Hardison, seconded by Councilmember Hanks and unanimously MOU Maint carried to approve the Memorandum of Understanding regarding Maintenance and Detention Construction of Detention Basins. Basins Moved by Councilmember Hardison, seconded by Councilmember Hanks and unanimously Cost Sharing carried to approve Citrus Ave. Cost Sharing and Maintenance Agreement. Maint Citrus Moved by Councilmember Hardison, seconded by Councilmember Hanks and unanimously Cnstr &Maint carried to approve the Construction and Maintenance Agreement for the Citrus Ave. Agmt Citrus Undercrossing with noted date changes. Undercrossing Moved by Councilmember Hardison, seconded by Councilmember Hanks and unanimously Cnstr &Maint carried to approve the construction and Maintenance Agreement for the Palm Drive Agmt Palm Undercrossing with noted date changes. Undercrossing Moved by Councilmember Hardison, seconded by Councilmember Hanks and unanimously Joint Com 'carried to approve the Joint Community Facilities Agreement for the construction of certain Facilities Agmt Improvement under city of Azusa Community Facilities District No. 2005-1 (Rosedale) with Rosedale modifications to JCFA as noted above as well as date change. CONSENT CALENDAR consisting of Items D-1 through D-6 was approved by motion of Consent Cal Mayor Pro -Tem Rocha seconded by Councilmember Carrillo and unanimously carried. Staff Approved noted the date change for Item D-4, to effect/ve/u/y /, 1005. The minutes of the regular meeting of May 1, 2006, and the Special Meetings of April Min appvd 24, 2006, were approved as written. 05/15/06 PAGE NINE fl li 2. Human Resources Action Items were approved as follows: (As corrected at the end of the City Council Meeting). Merit Increase and/or Regular Appointments: R. Ryan and T. Vuong. New Appointments: M. Kay, Office Specialist II, T. Divens, Police Officer Trainee, and S. Chapman, Police Officer Trainee. Separation: D. Ernst, Police Officer, effective 4/19/06. 3. Formal bidding procedures were waived in accordance with Azusa Municipal Code Section 2-522 (c) due to the fact Capture Technologies is covered under the California Multiple Awards Schedule CMAS agreement number 3-30-70-1799B which allows cities to waive formal bidding. Approval was given to purchase equipment replacement of the Voice Logger system and for the issuance of a purchase order to Capture Technologies in an amount not to exceed $33,746.00. Human Res Action Items Purchase Equipment Replacement Voice Logger System 4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING THE Res. 06-C33 COMPENSATION AND BENEFITS FOR NON -REPRESENTED POSITIONS EFFECTIVE JULY EstablishComp 1, 2005. Bnfts Non Rep 5. Formal bidding procedures were waived in accordance with Azusa Municipal Code Section 2-522 (c) due to the fact that Spenser Communications is covered under the California Multiple Award Schedule CMAS agreement number 3-01-70-1488A which allows cities to waive formal bidding. Approval was given for the upgrade of the Avaya Phone System and approval of the issuance of a purchase order to Spenser Communications in an amount not to exceed $13,557.72. 6. The following resolution was adopted and entitled: Purchase upgrade Avaya Phone System Spenser Communication A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 06-C34 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS None Spec Call Items None THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 10:45 Cncl Recess P.M. THE REDEVELOPMENT AGENCY ADJOURNED AND THE CITY COUNCIL RECONVENED CRA convene AT 11:15 P.M. Reconvene City Manager Delach and City Attorney Carvalho advised that there was a correction to the HR Action Human Resources Action Item, D-2 on the Agenda as follows: Merit increase correction Item from Steven Yang to Tim Vuong, effective date 4/21/06. New Appointment Michelle Kay, Correction Office Specialist 11. It was consensus of Council that the Closed Session item regarding Employee Appointment Clsd Sess be re -scheduled to the next meeting. Rescheduled Moved by Councilmember Hardison, seconded by Councilmember Chagnon and Adjourn unanimously carried to adjourn. TIME OF ADJOURNMENT: 11:17 P.M. NEXT RESOLUTION NO. 2006-C35. NEXT ORDINANCE NO. 2006-05. 05/15/06 PAGE