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HomeMy WebLinkAboutMinutes - September 4, 2007 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 4, 2007 — 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. CEREMONIAL The City Council presented a Certificate of Recognition to Oscar Mendoza Champion of the 6 1 Annual Desert Showdown World Amateur Boxing Tournament. Ms. JaJaira Gonzalez was not present to receive her Certificate. CLOSED SESSION Ceremonial Closed Sess Mr. Art Morales thanked Johnny's Tow for providing free swim, congratulated the Champions A. Morales of Azusa Boxing Club, talked about options for the Armory, and closed session process. Comments The City Council recessed to Closed at 6:49 p.m. to discuss the following: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to Conf w/Legal litigation and possible initiation of litigation pursuant to Gov. Code sec. 54956.9 (b3A and c) Cnsl One - Two potential cases. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec 54957.6) Labor Neg Agency Negotiators: City Manager Delach and Assistant City Manager Person APOA Organizations/Employee: APOA REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Property Address: 832 N. Azusa Avenue, Azusa, CA 91702 832 N. Azusa Negotiating Parties: Alexios &Tasha Vagenas Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Property Address: 830 N. Azusa Avenue, Azusa, CA 91702 830 N. Azusa Negotiating Parties: Donna M. Matsen Trust Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Property Address: 826 N. Azusa Avenue, Azusa, CA 91702 826 N. Azusa Negotiating Parties: Martin &Teresa Habern Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Property Address: 812 N. Azusa Avenue and 801 N. Alameda, Azusa, CA 91702 812 N. Azusa Negotiating Parties: John & Lillian Cortez Trust Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment KE.nL rrcvrcnrE NLl'U11A11UNS tOov. Lode Sec. 54956.9) Real Prop Neg Property Address: 858 N. Azusa Avenue, Azusa, CA 91702 858 N. Azusa Negotiating Parties: Howard 8. Janet Choi 908 Vacant Agency Negotiators: City Manager Delach and Assistant City Manager Person ' Jose brown led in the salute to the Flag. Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Neg Property Address: 810 N. Alameda Avenue, Azusa, CA 91702 810 N. Negotiating Parties: 810 Alameda, LLC Alameda Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment 'REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Neg Property Address: 803 N. Dalton Avenue, Azusa, CA 91702 803 N. Dalton Negotiating Parties: Arthur & Anna Ramirez Trust Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Neg Property Address: APN Number 8608 28 908 Vacant APN 8608 28 Negotiating Parties: L.A. County MTA 908 Vacant Agency Negotiators: City Manager Delach and Assistant City Manager Person ' Jose brown led in the salute to the Flag. Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Neg Property Address: 809 N. Azusa Avenue, Azusa, CA 91702 809 N. Azusa Negotiating Parties: Redevelopment Agency of the City of Azusa - Tenants Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Neg Property Address: 800 - 802 N. San Gabriel Avenue. Azusa, CA 91702 800-802 N. Negotiating Parties: Redevelopment Agency of the City of Azusa - Tenants San Gabriel Av Agency Negotiators: City Manager Delach and Assistant City Manager Person ' Under Negotiation: Tenancy and Terms of Lease Payment _REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Neg Property Address: 1 10-190 W. 9th St. Azusa, CA 91702 1 10-190 W. Negotiating Parties: Azusa Redevelopment Agency Ranch Center Tenants 9t° St. Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Tenancy and Terms of Lease Payment _REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Neg Property Address: 1020 W. Foothill Blvd. Azusa, CA 91702 1020 W. Negotiating Parties: Banuelos Family Trust/Efrain Heredia Foothill Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment The City Council reconvened at 7:26 p.m. City Attorney Carvalho advised that there was no Reconvene reportable action taken in Closed Session. No Rpts PRESENT: COUNCILMEMBERS: GONZALES, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: CARRILLO (entered later in the meeting) 09/04/07 PAGE TWO Rglr Mtg 7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL. Call to Order Mayor Rocha called the meeting to order. Flag Salute ' Jose brown led in the salute to the Flag. Invocation INVOCATION was given by City Manager Fran Delach Roll Call ROLL CALL PRESENT: COUNCILMEMBERS: GONZALES, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: CARRILLO (entered later in the meeting) 09/04/07 PAGE TWO ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Azusa Police Chief Garcia, Director of Public Works/Assistant City Manager Makshanoff, Administrative Services Director -Chief Financial Officer Kreimeier, Director of Recreation and Family Services Jacobs, Community Improvement Manager McMinn, Economic Development Specialist Benavides, Controller Aguilar, Assistant Planner Cole, Economic Development Director Coleman, Senior Librarian Shahsavari, City Clerk Mendoza, Deputy City Clerlc Toscano. CEREMONIAL Ceremonial Councilmembers presented a certificate of Welcome Home to Lance Corporal Jose Brown, Cert J. Brown U.S. Marines, a soldier who will return to Iraq; Councilmember Gonzales presented him with a pin. Mr. Brown thanked all for their support. PUBLIC PARTICIPATION Pub Part Mr. Mike Lee addressed Council regarding the groundbreaking at Foothill Shopping Center; M. Lee extension of commission openings; and announced Congresswoman Hilda Solis will be at Comments the Azusa Senior Center on Wednesday, September 12'h from 6-7:30 p.m. Ms. Blanch Weir, Board Member of the Architectural Barriers Commission, addressed B. Weir Council stating that Block 36 project will only have nine handicapped parking spaces and Comments noted that there is for additional spaces. Ms. Madelyn Payne announced that Friends of Azusa Library are having a book sale on M. Payne Saturday, September 8`" from 10 a.m. — 2 p.m. at the Library Auditorium; she explained the Comments process. Ms. Juanita Benavides addressed Council, speaking on behalf of her mother in law who J. Benavides resides at the Azusa Villas apartments, noting many rent hikes, bad maintenance and the Comments struggle to get things done. She noted .costs paid to paint and replace rugs in the apartment; her mother is disabled and there are no disabled parking spaces; appliances need replacing; she asked that something be done to Improve the situation. ' Mr. Jack Sun, of Acme Portable Machines, Inc., expressed his frustration with neighboring J. Sun business, Azusa Greens Golf Course, the problems with use of the parking lot, errant golf Comments balls, obtaining a permit for a wall/fence, maintenance, and the trail that exists between the properties. Ms. Peggy Martinez of the Downtown Business Association addressed Council presenting P. Martinez and describing the DBA's goals, partnerships, events, and supporters. She talked about the Comments history of the Association, its programs and successes. Ms. Sharon Lewis of the Downtown Business Association addressed Council providing a S. Lewis detailed history of the Miss Azusa Pageant, winners who have gone on to Miss California and Comments Miss America Pageants, the successes with volunteers and the new Miss Outstanding Teen division; she Invited all to the next Pageant on February 2, 2008. Mr. Jorge Rosales addressed Council stating that the Cooling Centers were closed over the J. Rosales past week end. He expressed his views in favor of the sale of beer at Chica's Place, but Comments objected to designating the review of convenience and necessity to the Zoning Administrator solely and the lack of public Input; he suggested it be designated to the Planning Commission. He commended the City Attorney for her work on the proposed commercial vehicle ordinance and commended the City Treasurer for the interest generated on her investments. 'Mr. Nick Rosales spoke in favor of the Downtown Business Association, stating it's a well N. Rosales established, positive organization, which is going through Infusion of new membership; Comments suggested Council become pro -active and have a small business entrepreneur spirit. Mr. Art Morales expressed thanks to Johnny's Tow for providing free swim over the A. Morales weekend, talked about residents input for the armory, noted his support for Chica's Place Comments sale of beer, express opposition to Azusa Villas rent hikes, and requested extension of deadline to file for local boards and commissions. Mr. Ted Garcia expressed his opposition to rate increase for trash, mining of local hills, and T. Garcia fireworks in the City. Comments 09/04//07 PAGE THREE Responses to Public Comments: It was noted that there will be two additional handicapped parking spaces placed in the parking lot in back of the City auditorium, and Mr. Coleman will notify Council and Ms. Weir of the number of handicapped parking spaces In Block 36. A report will be forthcoming regarding the Council initiated lawsuit at the Villa Azusa Apartments. City Attorney Carvalho explained the covenants under the City's contract for 30 apartments only. Staff will meet with Mr. Sun, Planning Community Development, Police Department and Azusa Greens Golf Course personnel to work on a solution to the problems. The Cooling Centers were opened over the weekend and future protocol will be set up in the event of heat warnings by emergency services as well as pay for employees who worked. Mayor advised that he would like to set up Saturday morning meeting to discuss use of the armory. I REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Responsesto Public Comments Rpts/Updates City Manager announced that the San Gabriel Valley Mosquito and Vector Control have cited City Mgr West Nile Mosquitos in surround cities, but none In Azusa, and attributed it to the good Comments works of the community in eliminating any standing water. Moved by Councilmember Macias, seconded by Mayor Pro -Tem Hanks and unanimously* Mayor Round carried to approved a Mayor Round Table Discussion and allow a staff member to attend Table appvd and participate, along with the Mayor, in order to meet with ASB Presidents of Azusa Pacific University, local high schools, three middle schools and private schools, on a Saturday, to discuss items of importance to them. Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales and unanimously* carried to hold a Poverty Summit to address the issue of poverty and homelessness In Azusa, and that a staff member be allowed to attend and participate. Dr. Ed Hernandez will co-sponsor the event along with the City of Azusa which will occur on October 27, 2007, time and placed to be announced. Congresswoman Solis, Senator Romero, County Board of Supervisor Molina, Superintendent Cervantes of AUSD and Dr. Wallace of APU, will be invited to attend. Councilmember Carrillo entered the City Council meeting at 8:50 p.m. Poverty Summit Approved Carrillo ent Moved by Councilmember Gonzales, seconded by Mayor Pro -Tem Hanks and unanimously Proc Childhood carried that a proclamation be prepared for Children's Medical Services proclaiming Injury Childhood Injury Prevention Week on September 23-29, 2007. Prevention Wk Discussion was held regarding the possible creation of a Task Force to look into the CEMEX Discussion and Vulcan Mining Operations in the City of Azusa. Economic Development Director Re: Vulcan Coleman addressed the Issue stating that Vulcan was up for their annual review, but the Mining Planning Commission has many questions that will require technical analysis which will be done by a mining consulting firm that will be funded by the applicant; the annual report will follow. City Manager Delach responded to questions stating that there has been no mining revenue from Vulcan as they haven't been mining. Cemex mining generated 04/05 $584,037, 05/06 $650,425, 06/07 $619,513. There has been no formai request for expansion of the eighty acres from Vulcan. City Attorney Carvalho responded to questions stating that the Conditional Use Permit specifies what items will be reviewed in the annual review and there is a need to make sure the process is followed; she expressed concern having a Task Force involving Council, stating that in the event Planning Commission makes a determination one way or another, the matter will be appealed before Council and they need to be an objective body to review it. It was determined that the Task Force will not be formed. City Manager Delach responded to question stating that the Gun Club has not cleaned up the property; Vulcan may be considering litigation with the Gun Club to insure clean up and he would keep Council Informed. 'Administrative Services Director -Chief Financial Officer Kreimeler introduced Ms. loan Introduction Michaels Aguilar, Financial Controller, new employee in the Finance Department. Ms. Aguilar Financial advised that she has met her great staff and she now has the opportunity to publish the Controller budget on CD in order to save cost and paper. She expressed thanks for the opportunity to j• Michaels work for the City of Azusa. I Aguilar Acting Library Director Shahsavari requested certificates of appreciation for donors who Cert of Apprec supported the 2007 Summer Reading Program at the Azusa City Library. Moved by Supporters Councilmember Carrillo seconded by Councilmember Gonzales and unanimously carried to Summer Rdg approve the request; certificates will be presented at the City Council meeting of October 1, Program 2007. * indicates Councilmember Carrillo absent. 09/04/07 PAGE FOUR Assistant City Manager Person provided an update on the Downtown North Development, Assist City Mgr Phase 1, Watt Genton Development. He stated that the Phase 1 will consist of 73 units and Update on 8000 sq. ft. retail from Foothill Boulevard to the railroad tracks. Downtown North is Downtown bounded by Foothill Boulevard on the south, Ninth Street on the north, San Gabriel Avenue North Dev on the west and Soldano Avenue on the east. The City Is the applicant and the review and approval process will be in, approximately, November/December of this year. The Disposition and Development Agreement will be created by the Agency to help finance the project during that time. It was consensus of Councilmembers to extend the application period to apply for Board Brd &Com and Commissions, to September 27, 2007, at 5:30 p.m. Appl extended ' Mayor Pro -Tem Hanks announced that on August 16th the MTA held a hearing on their long Hanks range plan. The communities that are affected Pasadena, La Verna, and Azusa, put on Comments pressure urging MTA to put the Gold Line Operation and Maintenance on its long range plan, a necessary step in moving the Gold Line forward. He stated that at SCAG held a meeting of energy and environment policy sub -committee, in which they heard from a speaker from Louisiana Tech University who made a presentation on geo-polymer material; he explained the benefits of the technology with regard to reducing future power costs. He welcomed his father, Richard Hanks, and mother in-law and father in-law, Richard and Velma Merrill into Azusa this week and congratulated his son Jonathan and flanc6 Laura on their upcoming wedding. He commented that Mr. Rosales' computer should be designated as an Azusa historical repository due to the number of photos he has taken during city events, he noted that he is in favor of allowance in budget for overtime staffing cooling centers, and asked that the meeting be adjourned in memory of Tama Tuala who passed away August 14'h. Councilmember Macias announced a Helping Hand benefit to honor Ronnie Miranda, on Macias Saturday, September 15'h from 4:00 p.m. — 11:00 p.m. at the Azusa Woman's Cub, with Comments several bands; tickets are $12.50, for further information call (626) 392-3768. He thanked Recreation Department for the lighting at Slauson Park, Councilmember Carrillo re -iterated the necessity of the cooling centers In the community; Carrillo and welcomed back students to school. Comments 'Councilmember Gonzales invited the public to the new Pioneer Park Gazebo Shelter next Gonzales Thursday, September 201h at 5:30; they will have a Barber Shop Quartet and dinner will be Comments catered by Jake Hot Dogs and Sausages. He thanked staff for the timer, announced the Cub Dedication Program honoring Veterans, for further Info call him at (626) 945-9280. He thanked Marc and Lenore Gonzales of Recreation Department for their quick action in getting the Cooling Centers open during the hot week end, and thanked Director of Recreation and Family Services Joe Jacobs for the success of Concerts in the Parks during the month of August. Mayor Rocha asked that the meeting be adjourned in memory of Frank Serna; he stated that Rocha $3,600 was raised at the Veterans Committee fund raising event that will go toward Comments modification of the existing monument in front of City Hall; he thanked staff For the Cooling Center and Concerts In the Parks. SCHEDULED ]ITEMS - Sched Items AMENDMENT TO THE 2007-2008 CIP TO REAPPROPRIATE $50,000 FROM THE ANGELENO Amend CIP PARK PROJECT TO FUND THE BALANCE OF THE NORTHSIDE PARK WALKING PATH Angeleno Pic PROJECT AND REMODELING PROJECT AT THE GLADSTONE PARK SNACK BAR AND SOUTH To Northside RESTROOMS. & Gladstone Director of Recreation and Family Services Jacobs addressed the issue describing that this Is Jacobs an amendment of the CIP to reappropriate $50,000 from a carry over project to fund the Comments three projects; he stated Angeleno Park is an obsolete project due to the lack of public access to the proposed park as well as a new home development which now encroaches on the area. Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales and unanimously Amend CIP carried to amend the 2007-2008 CIP to reappropriate $50,000 from the Angeleno Park Approved Project to fund the balance of the Northside Park Walking Path Project and to fund the new remodeling projects at the Gladstone Park Snack Bar and south restrooms respectively. 09/04/07 PAGE FIVE CONTRACT WITH THE AZUSA CHAMBER OF COMMERCE. City Manager Delach presented the one year Contract noting that the plan is for the Chamber to become self sufficient within five years and not three years as stated. Corrections were noted as well as Inflation factor. City Attorney Carvalho advised that provisions be placed in the agreement as follows: "The City proposed this self sufficiency plan, as a plan only". "However, this is not a guarantee of future funding". After additional discussion it was moved by Mayor Pro -Tem Hanks, seconded by Councllmember Carrillo and unanimously carried to approve a one-year contract with the Azusa Chamber of Commerce, as amended, in the amount of $98,000 to support economic development through marketing, services, and legislative advocacy. 'RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION TO COMBINE THE WINTER FAMILY FIESTA AND CHRISTMAS TREE LIGHTING EVENTS. Agmt w/Chamber of Commerce approved After minimal comments, it was moved by Councllmember Gonzales, seconded by Winter Family Councllmember Macias and unanimously carried to approve the recommendation of the Fiesta & Parks and Recreation Commission to combine of the Winter Family Fiesta and Christmas Christmas Tree Tree Lighting events into one special event, to be held Sunday, December 2, 2007 from Lighting to be 12:00 p.m. to 7:00 p.m. at City Hall. combined AGREEMENT FOR THE POLICE DEPARTMENT TO ENTER INTO CONTRACT FOR SERVICES WiTH AMERICAN FORENSIC NURSES (AFN). 09/04/07 PAGE SIX After minimal comments, it was moved by Councllmember Carrillo, seconded by Agmt w/AFN Councilmember Gonzales and unanimously carried to adopt the agreement between the City and AFN for mobile blood and urine sample collection for Investigative reasons and other Approved optional services. INFORMAL HEARING - PUBLIC NUISANCE APPEAL FOR PROPERTY LOCATED AT 204 E. Informal FOOTHILL BLVD. AND 632 N. ALAMEDA AVENUE (FREEMAN'S TOWING AND AUTO BODY Hearing REPAIR). Community Improvement Supervisor Mc Minn addressed the Hearing stating that this is an Public Nuis ' appeal b property owner Lee Patterson for above noted PP y p p ty property due to an order of abatement issued at a Public Nuisance Hearing held on June 27, 2007. The towing and auto Appeal for Freeman's repair businesses and operations located at 204 E. Foothill Blvd. and 632 N. Alameda Towing &Auto Avenue became nonconforming uses on January 6, 1983 and a 20 year amortization expired Body Repair on January 3, 2003. At the City Council meeting held on August 15, 2005, City Council Com Imp approved an extension of the amortization period for the towing service use and the auto Spvr McMinn body/repair uses only until February 1, 2007 with the following conditions that there can be no further extension of time and the uses shall cease before the deadline, and there can be no expansion of the amortized uses in the interim. At that same meeting Council determined that the U -Haul truck rental business for "office use only" cease operations on January 1, 2006. Currently the business license for Freeman's Towing Services was closed out on March 14, 2007, and the auto repair business license was closed out on April 30, 2007. Due to the non -conforming uses of the property, the business license will not be renewed due to the following violations: 1. The customer parking spaces are blocked by the storage of several tow vehicles. (Precise Plan of Design P-1184 requires 18 parking spaces for customer parking. Violation of amortization of nonconforming uses and Sections 10-1, 88.54.080(B), 88.60.030 and 14-412(6) AMC Azusa Municipal Code. 2. There is no business license on file for the towing service, in violation of Section 18-5 Azusa Municipal Code. 3. The continuous use of the parking spaces by U -Haul vehicles is an illegal use, in violation of Sections 10-1, 14-412(6), 88.54.080(B), 88.60.030 and 18-5 AMC Azusa Municipal Code. 4. The business license on file for the U -Haul business is for "office use only" and not for storage of hauling vehicles, in violation of Section 18-5 Azusa Municipal Code. He stated that Mr. Patterson's appeal states there Is no unlicensed business being operated by this owner, and that the company is building a new facility in San Dimas. He asked for an extension until the end of October 2008 and all trucks will be removed and office completely closed by that date. He recommended that the appeal be denied and the order of abatement be adopted. He responded to questions posed by Councilmembers regarding the process of abatement. Discussion was held regarding options on amortization, enforcement power and options for the appellant. Mr. Lee Patterson, the Appellant, addressed Council detailing the history of the property, the L. Patterson twenty year amortization, and moving his business to San Dimas; he requested a one year Comments extension. 09/04/07 PAGE SIX Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Macias and unanimously Appeal denied carried to uphold the order of abatement by the City's Hearing Officer pursuant to Section Order of Abate 14-419 Azusa Municipal Code, deny the appeal, and adopt the recommended order of Upheld abatement. REQUEST FOR (1) A LETTER OF PUBLIC CONVENIENCE OR NECESSITY REGARDING THE SALE OF BEER AT AN EXISTING RESTAURANT, CHICA'S PLACE, LOCATED AT 251 S. IRWINDALE AVENUE, AZUSA. CASE NO: CONDITIONAL USE PERMIT 2001-06. BUSINESS OWNER: MARIA SEGURA; AND (2) TO DELEGATE THE RESPONSIBILITY TO THE REVIEW AUTHORITY, TO DETERMINE IN THE FUTURE, IF PUBLIC CONVENIENCE OR NECESSITY WILL BE SERVED BY THE ISSUANCE OF A LIQUOR LICENSE FROM THE STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL (ABC) NOTWITHSTANDING A DETERMINATION BY THE ABC THAT THERE IS AN UNDUE CONCENTRATION OF LICENSES IN THE CITY OF AZUSA. Senior Planner Cole addressed the issue stating that on August 29`h 2001, the property owner obtained a CUP to sell beer at noted property and the Alcoholic Beverage Control (ABC) Issued a type 40 license which is still valid. At that time the license was issued they did not consider the census tract in which the property is located to have undue concentration of licenses. ABC is requiring the applicant, Maria Segura, to obtain a letter of public convenience or necessity from the City that would mitigate the issue of over concentration in the tract. She stated that the applicant is required to show that the public convenience or necessity is served by the issuance of a beer license In this location; she has submitted a request for the letter and provided a statement that the issuance of a letter would provide convenience for her customers to offer beer along with meals. The Police Department has noted that the crime rate is low in that section of the City. She recommended that the letter of public convenience or necessity be issued by City Council. On a related matter, she stated that the Development Code allows the Review Authority, (the Zoning Administrator or the Planning Commission) to approve or deny a Minor Use Permit or Use Permit for alcohol use, with right of appeal to the City Council. It does not explicitly allow the Review Authority to satisfy the "public convenience or necessity" requirement of the Business and Professions Code Section 23958.4.a3.b. This can only be determined by the City Council. In March 1995, the Department of Alcoholic Beverage Control notified the City that the City Council may delegate the duties of determining whether or not public convenience or necessity are met to a subordinate agency such as a zoning, planning or law enforcement official if desired. Staff recommended Council designate the Review Authority, to Zoning Administrator or Planning Commission, to satisfy public convenience or necessity requirement of the Business and Professions Code. Lengthy discussion was held regarding the issue, hours of operation, the business to remain as a restaurant, and proposal that the review authority be the planning commission. City Attorney Carvalho advised if there was a concern about the expansion business hours they could have amendment to the cup stating operating hours are Monday — Saturday from 6-4 p.m. and that if sold, and new owners wish to expand operating hours an amendment to CUP would be warranted. Moved by Councilmember Gonzales, seconded by Councilmember Macias and unanimously carried to approve the request for a letter of Public Convenience or Necessity. After further discussion It was moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously carried to delegate the responsibility to the Review Authority to the Planning Commission, to determine in the future, if public convenience or necessity will be served by the issuance of a liquor license from the State Department of Alcoholic Beverage Control (ABC) notwithstanding a determination by the ABC that there Is an undue concentration of licenses in the City of Azusa. Councilmember Gonzales offered a Resolution entitled: Rqst Itr of Pub Convenience Or Necessity For Sale of Beer at Chica's Place S. Cole Comments Review Authority Discussion Ltr of Public Cnvnce Review Auth To PC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DELEGATING TO THE Res. 07-C76 REVIEW AUTHORITY THE RESPONSIBILITY TO DETERMINE IF PUBLIC CONVENIENCE OR Delegating NECESSITY WILL WARRANT THE ISSUANCE OF A LIQUOR LiCENSE NOTWITHSTANDING A Review DETERMINATION BY THE STATE DEPARTMENT OF, ALCOHOLIC BEVERAGE CONTROL THAT Authority THERE IS AN UNDUE CONCENTRATION OF LICENSES. Moved by Councilmember Gonzales, seconded by Councilmember Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 09/04/07 PAGE SEVEN Mr. Greg Ahern addressed the issue, noting that not only is the sale of alcohol being G. Ahern restricted to hours stated but also the hours of operation are being restricted; he asked if the Comments applicant is aware of those restrictions and will not be able to ever sell dinner or be open on Sunday. City Attorney Carvalho advised that there is a process that in the future if the applicant ever City Attorney want to make changes she would have to file for an amendment to the CUP, there is a fee Response for that and any new owners would have to do the same. IMPLEMENTATION OF RECOMMENDATIONS BY THE AZUSA CITIZENS' COMMITTEE FOR ACCFCC Rec CODE COMPLIANCE (ACCFCC). RV parking Assistant City Manager Person addressed the Issue explaining the limitations of where RV R. Person should be parked on private property and presented a line of sight study prepared by the Comments City Engineer which displayed a rendering of a proposed structure, driveway for vehicles/RV's, impaired site line, bike and Pedestrian, parkway and curb line; he recommended ten feet to be a safe setback. The Committee identification of an RV varied from a small quad runner to a RV measuring 12-14 feet in height. In regards to height limits on fences, he suggested that RV's which are lower than the height of the fence standard be allowed to be at the zero setback. Chairman of the ACCFCC Rosales showed slides of depicting RVs parked in driveways in J. Rosales many situations and problems with blocking sidewalks, adjacent to a six foot fence, Committee canopies in driveways, vehicles parked to the edge of the drive -way, and noted that there Chair are problems with visibility not limited to RVs but with high fences, shrubs, gates, Comments ' landscaping, etc. Councilmember Carrillo noted that there are many problems with hedges, etc. and explained Carrillo why he recommends a ten foot setback. Comments Discussion was held between Councilmembers, Staff, ACCFCC members regarding the issue, Discussion and each Councilmember provided his view. Moved by Counclimember Gonzales, seconded by Councilmember Macias and carried to Recommend approve the setback as eight feet from the curb face. Mayor Pro -Tem Hanks and From Council Councilman Carrillo dissenting. Staff will work with City Attorney to create the final Majority ordinance on the proposed changes to the City of Azusa Development Code. The CONSENT CALENDAR consisting of Items D- i through D-9 was approved by motion of Consent Cal Councilmember Macias, seconded by Mayor Pro -Tem Hanks and unanimously carried with Items D-4 the exception of item D-4, which was considered under the Special Call portion of the Spec Call Agenda. 1. The minutes of the regular meeting of August 6, 2007, were approved as written. Min appvd 2. Human Resources Action Items were approved as follows: Human Merit Increase and/or regular Appointments: B. Donnelson, J. Arnold, D. Abbott, and V. Resources ' Villagomez. Action Items Flexible Staffing Promotion: M. Bowman to Water Distribution Worker III. Promotion: L. Fernandez, Executive Assistant to Admin. Services Depart. S. Spahr, 11, to Police Officer, and L. Corrales to Water Distribution Equipment Operator. Reclassification: S. Shahsavari to Assistant City Librarian. 3. The City Treasurer's Report as of July 31, 2007, was received and flied. City Treas Rpt 4. SPECIAL CALL ITEM. Spec Call 09/04/07 PAGE EIGHT Later in the meeting additional discussion was held regarding the issue and it was moved by Additional Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales and unanimously carried to Motion add to the motion that if Ms. Segura should come back to extend hours of operation, not sale of beer, that there would be no fees. The draft Commercial Vehicle and Oversized Vehicle Street Parking Ordinance was presented Draft Ord Com for review and it was received and filed. Oversized Veh IMPLEMENTATION OF RECOMMENDATIONS BY THE AZUSA CITIZENS' COMMITTEE FOR ACCFCC Rec CODE COMPLIANCE (ACCFCC). RV parking Assistant City Manager Person addressed the Issue explaining the limitations of where RV R. Person should be parked on private property and presented a line of sight study prepared by the Comments City Engineer which displayed a rendering of a proposed structure, driveway for vehicles/RV's, impaired site line, bike and Pedestrian, parkway and curb line; he recommended ten feet to be a safe setback. The Committee identification of an RV varied from a small quad runner to a RV measuring 12-14 feet in height. In regards to height limits on fences, he suggested that RV's which are lower than the height of the fence standard be allowed to be at the zero setback. Chairman of the ACCFCC Rosales showed slides of depicting RVs parked in driveways in J. Rosales many situations and problems with blocking sidewalks, adjacent to a six foot fence, Committee canopies in driveways, vehicles parked to the edge of the drive -way, and noted that there Chair are problems with visibility not limited to RVs but with high fences, shrubs, gates, Comments ' landscaping, etc. Councilmember Carrillo noted that there are many problems with hedges, etc. and explained Carrillo why he recommends a ten foot setback. Comments Discussion was held between Councilmembers, Staff, ACCFCC members regarding the issue, Discussion and each Councilmember provided his view. Moved by Counclimember Gonzales, seconded by Councilmember Macias and carried to Recommend approve the setback as eight feet from the curb face. Mayor Pro -Tem Hanks and From Council Councilman Carrillo dissenting. Staff will work with City Attorney to create the final Majority ordinance on the proposed changes to the City of Azusa Development Code. The CONSENT CALENDAR consisting of Items D- i through D-9 was approved by motion of Consent Cal Councilmember Macias, seconded by Mayor Pro -Tem Hanks and unanimously carried with Items D-4 the exception of item D-4, which was considered under the Special Call portion of the Spec Call Agenda. 1. The minutes of the regular meeting of August 6, 2007, were approved as written. Min appvd 2. Human Resources Action Items were approved as follows: Human Merit Increase and/or regular Appointments: B. Donnelson, J. Arnold, D. Abbott, and V. Resources ' Villagomez. Action Items Flexible Staffing Promotion: M. Bowman to Water Distribution Worker III. Promotion: L. Fernandez, Executive Assistant to Admin. Services Depart. S. Spahr, 11, to Police Officer, and L. Corrales to Water Distribution Equipment Operator. Reclassification: S. Shahsavari to Assistant City Librarian. 3. The City Treasurer's Report as of July 31, 2007, was received and flied. City Treas Rpt 4. SPECIAL CALL ITEM. Spec Call 09/04/07 PAGE EIGHT 5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING THE Res. 07-C77 ESTABLISHMENT OF A PUBLIC AGENCY RETIREMENT SYSTEM (PARS) SUPPLEMENTAL PARS RETIREMENT PLAN FOR MISCELLANEOUS EXECUTIVE EMPLOYEES ON CONTRACT TO EXEC EMPL BE ADMINISTERED BY PHASE 11 SYSTEMS, PARS TRUST ADMINISTRATOR. 6. The Second Amendment to the City Manager Employment Agreement was approved. Agmt City Mgr 7. The purchase of a 2007 Ingersoll-Rand Diesel Air Compressor was awarded to Pur Air Ingersoll-Rand of Irwindale in an amount of $14,180.75. Compressor 8. The Woman's Club Report and Catering History was received and filed. 9. The following resolution was adopted and entitled: WC Rpt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 07-C78 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS Spec Call Items Councilmember Macias addressed Item regarding the purchase of unmarked vehicle for Macias Emergency Services Coordinator asldng If it would be authorized for personal use; Chief of Comment Police Garcia responded that the vehicle would not be for personal use. Moved by Councilmember Macias, seconded by Councilmember Carrillo and unanimously Purchase carried to approve the Police Department's purchase of one used, unmarked sport utility Vehicle vehicle for Emergency Services Coordinator Olga Bruno, In the amount of $22,731.43 Emergency (inclusive of tax, title and license fees) from Enterprise Rent -a -Car located in the City of Services Azusa. Coordinator THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 10:49 CRA convene P.M. THE CITY COUNCIL RECONVENED AT 11:01 P.M. Cncl rcnvd ORDINANCES/SPECIAL RESOLUTIONS Mayor Pro -Tem Hanks offered an Ordinance entitled: Ord/Spec Resos AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADDING Ord 07-011 SECTION 74-370 (LOADING AND UNLOADING OF JUVENILE PASSENGERS) TO ARTICLE VI Regs Loading & OF CHAPTER 74 OF THE CITY OF AZUSA MUNICIPAL CODE IN ORDER TO ESTABLISH Unloading REGULATIONS REGARDING THE LOADING AND UNLOADING OF JUVENILE PASSENGERS Juvenile FROM MOTOR VEHICLES. Passengers Moved by Mayor Pro -Tem Hanks, seconded by Counclimember Gonzales to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE It was consensus of Councilmembers to recess to Closed Session at 11:07 p.m. to discuss Closed Sess the following: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to Conf w/Legal litigation and possible initiation of litigation pursuant to Gov. Code sec. 54956.9 (b3A and c) Cnsl One - Two potential cases. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: City Manager Delach and Assistant City Manager Person Organizations/Employee: APOA REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Property Address: 832 N. Azusa Avenue, Azusa, CA 91702 Negotiating Parties: Alexios 1LTasha Vagenas Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment 09/04/07 PAGE NINE Labor Neg APOA Real Prop Neg 832 N. Azusa REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Property Address: 830 N. Azusa Avenue, Azusa, CA 91702 Negotiating Parties: Donna M. Matsen Trust Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Property Address: 826 N. Azusa Avenue, Azusa, CA 91702 Negotiating Parties: Martin &Teresa Habern Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment Real Prop Neg 830 N. Azusa Real Prop Neg 826 N. Azusa REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Neg Property Address: 812 N. Azusa Avenue and 801 N. Alameda, Azusa, CA 91702 812 N. Azusa Negotiating Parties: John & Lillian Cortez Trust Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Neg Property Address: 858 N. Azusa Avenue, Azusa, CA 91702 858 N. Azusa Negotiating Parties: Howard & Janet Choi Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Neg Property Address: 810 N. Alameda Avenue, Azusa, CA 91702 810 N. Negotiating Parties: 810 Alameda, LLC Alameda Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Neg Property Address: 803 N. Dalton Avenue, Azusa, CA 91702 803 N. Dalton Negotiating Parties: Arthur &Anna Ramirez Trust ' Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956 81 Real Prop Neg Property Address: APN Number 8608 28 908 Vacant APN 8608 28 Negotiating Parties: L.A. County MTA 908 Vacant Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Neg Property Address: 809 N. Azusa Avenue, Azusa, CA 91702 809 N. Azusa Negotiating Parties: - Redevelopment Agency of the City of Azusa - Tenants Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Neg Property Address: 800 - 802 N. San Gabriel Avenue. Azusa, CA 91702 800-802 N. Negotiating Parties: Redevelopment Agency of the City of Azusa - Tenants San Gabriel Av Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Tenancy and Terms of Lease Payment . REAL PROPERTY NEGOTIATIONS (Gov. Code Sec 54956.8) Real Prop Neg 'Property Address: 1 10-190 W. 9th St. Azusa, CA 91702 110- 190 W. Negotiating Parties: Azusa Redevelopment Agency Ranch Center Tenants 91" St. Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Tenancy and Terms of Lease Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec ' 54956 8) Real Prop Neg Property Address: 1020 W. Foothill Blvd. Azusa, CA 91702 1020 W. Negotiating Parties: Banuelos Family Trust/Efrain Heredia Foothill Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment The City Council reconvened at 11:36 p.m. There was no reportable action taken in Closed Reconvened Session. 09/04/07 PAGE TEN No Reports UPCOMING MEETINGS: Upcoming Meetings September 17, 2007, City Council Meeting — 6:30 p.m. (Auditorium) September 24, 2007, Utility Board Meeting — 6:30 p.m. (Mountain View School) October 1, 2007, City Council Meeting — 6:30 p.m. (Auditorium) October 15, 2007, City Council Meeting — 6:30 p.m. (Auditorium) It was consensus of Councilmembers to adjourn in memory of Tama Tuala and Frank Serna. Adjourn In Memory T. TIME OF ADJOURNMENT: 11:37 P.M. Tuala & F. Serna CITY CLERK NEXT RESOLUTION NO. 2007-C79. NEXT ORDINANCE NO. 2007-012. 09/04/07 PAGE ELEVEN