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HomeMy WebLinkAboutMinutes - June 16, 2008 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, JUNE16, 2008 — 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, located at 213 East Foothill Boulevard, Azusa, CA, 91702. CLOSED SESSION The City Council recessed to Closed at 6:31 p.m. to discuss the following: Closed Sess Recess 1 . REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Real Prop Neg Property Address: 17525 and 17523 E. Arrow Hwy (N/E corner Azusa and Arrow) 17525 E. Arrow Negotiating Parties: Messrs. Clark Orin Allen and William L, Allen Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment 2. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8,) Real Prop Neg Address: 190 West 9th Street, Azusa, CA 91702 190 W. 9fh St. Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Foothill Drug - Business Owner 1(akui Law Under Negotiation: Price and Terms of Payment 3. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Address: 812 N. Azusa Avenue, Azusa, CA 91702 812 N. Azusa Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: John R. 8. Lillian O. Cortez, Cortez Family Trust Under Negotiation: Price and Terms of Payment 4. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Real Prop Neg Address: 801 N. Alameda Avenue, Azusa, CA 91702 801 N. Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Alameda Negotiating Parties: John R. & Lillian O. Cortez, Cortez Family Trust Under Negotiation: Price and Terms of Payment The City Council reconvened at 7:30 p.m. City Attorney Carvalho advised that there was no Reconvened reportable action taken in Closed Session. City Attorney Mayor Rocha called the meeting to order. Mr. Glen Kennedy led in the pledge to the Flag. Call to Order Flag Salute INVOCATION was given by President Richard Walker of The Church of Jesus Christ Latter -Day Invocation Saints Roll Call ROLL CALL PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Assistant City Manager Makshanoff, Police Chief Garcia, Director of Utilities Hsu, Assistant to the Director of Utilities Kalscheuer, Public Information Officer Quiroz, Assistant Community Development Director McNamara, Administrative Services Director — Chief Financial Officer Itreimeier, Director of Recreation and Family Services Jacobs, Emergency Services Coordinator Bruno, Director of Public Works/Assistant City Manager Haes, Recreation Superintendent Hamilton, Economic and Community Development Director Christianson, Tierra West Consultants Otemeotl and Garcia, Clerk Mendoza, Deputy City Clerk Toscano. Presentation PRESENTATION: Councilmember Hanks, call sign I(G6TPU, introduced the presentation regarding Amateur Amateur Radio, and the Amateur Radio Field Day event, sponsored by Azusa Amateur Communication Radio Emergency Services (AACES), San Gabriel Valley Radio Club (SGVRC), and the Church of Jesus Field Day Event Christ of Latter- Day. Saints - Glendora Emergency Response Communication group (GERC); he Announcement introduced Merrie Suydam of AACES to announce the Amateur Radio Relay League (ARRL) Annual Field Day Event. Ms. Merrie Suydam, call sign 86LR, stated that Amateur Radio is a hobby that allows a radio M. Suydam operator to meet and communicate on the air waves; she provided information on how the Comments operators provide public service, especially during times of emergency. She invited all members to come and participate in the 5`h Annual Amateur Radio Field Day on June 28, 2008. Mr. Royal Smith, call sign K16JUX, called a special net of the GERC, SGVRC, and AACES for the R. Smith purpose of inviting members of the community to participation in any of the several Field Day Comments events. Mr. Tom Morgan, call sign, I(B6JVE, of the San Gabriel Valley Radio Club (SGVRC) announced T. Morgan that they will be having their Field Day at EI Encanto Park in Duarte, on Saturday, June 28th SGVRC operating from 1 1 a.m. — 8 p.m. and expect to speak with people from all over the United Comments States. 'Mr. Gary Watson, call sign, KG6RED, of Glendora Emergency Response Communication Group G. Watson (GERC), announced the Amateur Radio Field Day event at Horsethief Canyon in San Dimas, on GERC June 28" from 6:30 a.m. till dusk; there will be many volunteers there and invited all to attend. Comments Mr. Mike, call sign, I(D6BWI, of Azusa Amateur Communication Emergency Services (RACES) Rep. AACES announced that they will be participating in the Southern California Amateur Transmitting Comments Society, (SCATS), Field Day event, to be held at Countrywood Park in Hacienda Heights, from Saturday, 1 1 a.m. to Sunday at 1 1 a.m. Mayor Rocha, thanked all for their participation in the meeting and encouraged all to visit one J. Rocha of the Field Day activities and learn about amateur radio. He invited people who are interested Comments in amateur radio and who would like to participate with AACES and become a volunteer radio operator to contact Azusa Emergency Services Coordinator, Olga Bruno, and learn about AACES participation. Mr. Jim Dowdle, call sign l(G6TQT, Valley del Sol District, Boy Scout Roundtable Commissioner, J. Dowdle provided information regarding Jamboree On the Air, (JOTA) which will be celebrating its 50 Comments year anniversary in October. He stated that a radio merit badge class is held when scouts finish up the Merit Badge; he provided the following website: www. scout.orgQota. for details on Jamboree on the air. Councilmember Hanks thanked all for their participation in the announcements regarding the K. Hanks RRL Field Day event to be held June 28`h. Comments PUBLIC PARTICIPATION Pub Part Miss Azusa Wanda Perkins, announced that she would be competing in the Miss California W. Perkins Pageant representing Azusa; she thanked Council for their support. Miss Azusa Azusa's Miss Outstanding Teen Yadira Cabral, announced that she would be competing and Y. Cabral representing Azusa in the Miss Outstanding Teen California and also that she is the Student Miss Outstand- Ambassador to the School Board. ing Teen 06/16/08 PAGE TWO Mr. Mike Lee announced and commented on the following: article in Tribune on Fathers M. Lee written by Mayor Rocha; thanked all who voted; congrats to Armando Fscobedo; adjourn in Comments memory of Rogelio Hernandez; welcome Glen Kennedy; research rent control/stabilization; safe 4`h of July; and for issues regarding Congresswoman Solis services call Joseph Martinez at 315- 0486. Ms. Irene Villapania, Executive Director of the Azusa Chamber of Commerce provided an 1. Villapania update on its activities and announced the Installation Dinner on Tuesday, July 291h at Max's Comments Restaurant. SFC Carlos Ferretti of the California National Guard announced its Open House on Tuesday, C. Ferretti June 24`h from 4 p.m. — 7 p.m. and invited the community to attend. Comments Ms. Robin and Mrs. Edith Russek announced the Relay For Life to be held at Azusa Pacific R. & E. Russek University on July 12`h and 13`h, a fundraiser for the American Cancer Society; there will be a Relay For Life Rally at the Azusa Library on June 18"; for additional information call 712-6302. Ms. Madelyn Payne announced the Friends of the Azusa Library Used Book Sale, Saturday, June M. Payne 21, 2008, at the Azusa Library from 10 a.m. - 2 p. m., cost will be $3.00 a bag; funds go to Comments support the Azusa Library. Mr. Art Morales requested that the City look into rent stabilization stating there have been A. Morales increases in rent as high as $100; and addressed Los Angeles has rent stabilization; he asked Comments why the Swim Report recommendation is to receive and file. Ms. Susan McEntire, Boardmember of Foothill Gardens, addressed Council stating that she is in S. McEntire favor of awarding the grant to the gating project and thanked Council for their consideration. Comments Library Director Albert Tovar invited all to the Summer Reading Program at the Library, entitled: A. Tovar "Catch the Reading Bug"; it will run for eight weeks and ends with a great program In August. Library Director He stated that Dr. Sue the Bug Lady will be here 10:30 a.m., tomorrow for sign ups. Mr. Bill Baca of Senator Gloria Romero's office, presented a certificate to Glen Kennedy for B. Baca administering the curb painting, American Flag on Veterans curbs program. Comments REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Director of Utilities Hsu, responded to question regarding the LivingWise Program, which he Dir of Utilities stated is for educating and helping teach water conservation and future training to Azusa's 5`h LivingWise graders. Program Ms. Kelly Middleton Public Information Officer of the San Gabriel Valley Mosquito & Vector K. Middleton Control District provided, an update on the West Nile Virus. After the presentation she SGV Mosquito provided the following for further information: 814-9466 and Westnile.ca.gov. & Vector Moved by Councllmember Gonzales, seconded by Councilmember Hanks and unanimously Proclamation carried to approve request for a proclamation for the Deacons Club In celebration of their 601h to Deacons Anniversary; it will be presented Saturday, June 21" at the Parish Hall on 4`h and Dalton. 601h Anniversary City Manager Delach provided an update on Block 36 stating that utility construction is Update on complete; Verizon has completed its work; there will be reconstruction of crosswalks; Block 36 developer is obtaining retail tenants and had problems with financing/funding but is working on securing new financing; Council gave them 120 days to resolve the issue. Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Gonzales and unanimously Proc/Cert 'carried to approve request of Human Relations Commission Liaison for recognition HRC (proclamation/certificates) to the Human Relations Commission. Director of Recreation and Family Services Jacobs, provided a report on Recreation Swim J. Jacobs stating that there has been free swim for years for earned meritorious efforts; he detailed how Update on kids can earn passes. He talked about the center and pride kids take to be able to attend; he recommended the process be left as is. He responded to questions regarding no residency requirements, rates, neighboring cities comparison, pool times, Park and Recreation Commission support, etc. City Manager Delach stated that sponsors at the Kids Come First Tournament have donated City Mgr fund to allot free swim on the 4`h, 5', and 6`h of July. Comments 06/16/08 PAGE THREE r Recreation Superintendent Hamilton, responded to questions regarding lifeguard duties, pool H. Hamilton capacity, Red Cross standards and life guard certifications. Comments Lengthy discussion was held between Councilmembers and staff, and it was moved by Mayor Discussion Pro -Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to reduce the Adult fee from $3 to $2; further that free swim would be held the first weekend in July and the Labor Day weekend utilizing the funds donated. Mayor Pro -Tem Carrillo congratulated graduates of all Azusa schools and extended a warning A. Carrillo to all resident to use caution when driving as kids are out of school; lastly he noted that the Comments local river is not meant as a recreation/cooling area and can be dangerous. Councilmember Gonzales requested to adjourn in memory of Rogelio Hernandez, father of R. Gonzales West Covina City Councilmember Roger Hernandez; Invited all to attend Casino Night on Comments Friday, June 20th; congratulated both American and National Little League for a great season; and congratulated all graduates. Councilmember Macias asked about the maintenance/repair of the graphics Monument Maiden U. Macias of the Water on Azusa Avenue and railroad overpass on Foothill which are faded. City Manager Comments Delach and Assistant City Manager Makshanoff responded stating that they will follow up on those items. Mr. Macias wished all a safe and sane July 4`h. Councilmember Hanks announced that the decision regarding the long range plans of the MTA Hanks is Thursday, June 26`h and urged all to communicate with elected representatives to ask that Comments the Gold Line extension be included in those plans. Mayor Rocha asked that the meeting be adjourned in memory of Jesus Ruiz and Rogelio Rocha Hernandez, invited all to attend July 4`h at 9 a.m. in front of City Hall to hang yellow banners in Comments remembrance of soldiers fighting for freedom of his country; he announced that City Links would be brought back to help clean up Azusa. SCHEDULED ITEMS Sched Items THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AND THE Cncl convened AZUSA PUBLIC FINANCING AUTHORITY AT 9:22 P.M. TO CONSIDER THE FOLLOWING: w/CRA & APFA FISCAL YEAR 2008/09 CITY, AZUSA PUBLIC FINANCING AUTHORITY, AND REDEVELOPMENT 2008/09 AGENCY BUDGET ADOPTION. Administrative Services Director/Chief Financial Officer Budget Kreimeier presented the combined operating budget for all three entities as well as the CIP in A. Kreimeier the amount $159,852,000, as reviewed at a meeting on May 27". He responded to questions Comments posed by Councilmembers/Board Members/Directors regarding possible proposed State budget cuts due to the economy, the City's hiring freeze, .JPA for Humane Service and request for details of the contract i.e. level of service, and it was requested that staff include a CIP Report to monthly financial reports distributed. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE BUDGET AND Res No. 08 - APPROVING APPROPRIATIONS FOR THE CITY OF AZUSA FOR THE FISCAL YEAR C46 Appvg COMMENCING JULY 1, 2008 AND ENDING JUNE 30, 2009. Budget (City) Mayor Pro -Tem Carrillo abstained from the Concrete Improvements Project on the CIP Budget Carrillo due to a conflict of interest with property that he owns. Abstained Moved by Councilmember Hanks, seconded by Councilmember Gonzales 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 Director Gonzales offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE Res No. 08 - CITY OF AZUSA ADOPTING THE OPERATING BUDGET AND APPROVING APPROPRIATIONS R25 FOR THE REDEVELOPMENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1, 2008 AND Appvg Budget ENDING JUNE 30, 2009. (Agency) 06/16/08 PAGE FOUR Moved by Director Gonzales, seconded by Director Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Board Member Carrillo offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE AZUSA PUBLIC FINANCING Res No. 08-P2 AUTHORITY ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE APpvg Budget AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2008 AND ENDING JUNE 30, 2009. (Authority) 1 Moved by Board Member Carrillo, seconded by Board Member Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Authority: AYES: BOARDMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: NONE THE REDEVELOPMENT AGENCY RECESSED, THE AZUSA PUBLIC FINANCING AUTHORITY CRA recess ADJOURNED AND THE CITY COUNCIL CONTINUED AT 9:34 P.M. APFA adjourn PUBLIC HEARING -RESOLUTIONS ADOPTING 2008/09 FISCAL YEAR SCHEDULE OF FEES AND Pub Hrg CHARGES. It was consensus of the Councilmembers to continue the Public Hearing to the Fees & Charges meeting of Tuesday, July 8, 2008. Continued 7/8 PUBLIC HEARING - REFUSE RATE ADJUSTMENT. City Attorney Carvalho clarified that if a Pub Hrg majority protest is not received, it will be an effective and legal rate adoption. Assistant to the Refuse Rate Director of Utilities Kalscheuer addressed the Hearing stating that the City has an Exclusive C. Kalscheuer Franchise Agreement with Athens Services for refuse collection and recycling services and it is Comments obligated to adjust refuse collection and recycling rates each year based on the methods specified in the Agreement, which will go Into effect July 1"; he talked about noticing requirements and that one letter of protest was received from Nancy Deem. The proposed rate adjustment is based on the CPI increase which is 3.92%; due to low amount of tonnage taken to the landfill last year there is a slight decrease on residential rates and slight increase on commercial. Athens has requested an adjustment due to the increase cost of diesel fuel of 1.48 %, which is Option 2; increases would be Residential 1.25%, Multifamily 0.60% and Commercial 3.82%. He and City Attorney Carvalho responded to questions posed regarding decrease/increase adjustments, CPI, and MRF. 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 San Gabriel Valley Tribune on June 5, 2008. Mr. Dennis Chapetta of Athens Services, addressed the Hearing noting that the need for an D. Chapetta adjustment due to the increased cost, etc. He requested that Council consider option 2. Comments Mr. Art Morales addressed the Hearing expressing concerns regarding leaking trucks, length of A. Morales contract, alternatives, and loss of funds if too expensive to have trash hauled. Comments Mr. Mike Lee addressed the Hearing stating that the contract is too long and that there should M. Lee be other haulers considered. Comments Mr. Jorge Rosales addressed the Hearing advising that he reviewed the staff report, J. Rosales commended staff for providing the public with all pertinent Information and recommended Comments Option 2. He also commended the Council and staff for adopting a transparent budget and 'the City Manager for keeping his promise with regard to the budget and CIP. After additional questions, it was moved by Mayor Pro -Tem Carrillo, seconded by Hrg Closed Councilmember Hanks and unanimously carried to close the Public Hearing. Moved by Option 2 Councilmember Hanks, seconded by Councilmember Macias and carried to choose Option2, Chosen Inc due to cost of fuel increase. Mayor Rocha and Councilmember Gonzales dissenting. Add'I Cost for Diesel Fuel Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, APPROVING THE ELEVENTH Res No. 08 - AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT WITH ARAKELIAN ENTERPRISES. C47 Athens TO AMEND THE SERVICE RATES AND FEES FOR THE PERIOD OF JULY 1. 2008 THROUGH JUNE Services 30, 2009. 06/16/08 PAGE FIVE Moved by Councilmember Hanks, seconded by Councilmember Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: CARRILLO, MACIAS, HANKS NOES: COUNCILMEMBERS: GONZALES, ROCHA ABSENT: COUNCILMEMBERS: NONE PUBLIC HEARING - URGENCY ORDINANCE AMENDING DIVISION 6 OF ARTICLE VI OF Pub Hrg Ord CHAPTER 78 OF THE AZUSA MUNICIPAL CODE REGARDING WATER CONSERVATION. Wtr Conserve Director of Utilities Hsu presented the proposed water conservation ordinance, noting that Dir of Util there was a need for certain changes to the water conservation ordinance and there is a need J. Hsu for urgency due to the drought and pending the hot summer months in which there may be a Comments need to enter Phase II or III. He noted the chart that showed the per month water reduction accomplished by consumers during the effective period of the phased water shortage and stated that the proposed changes will make the implementation simpler., Changes were summarized as follows: 1. Justification for the water shortages now includes additional factors, i.e. rainfall, time of year, runoff into Morris and San Gabriel dams, Safe Yield as set by the San Gabriel Watermaster, Basin water levels, etc. 2. Language removed of a drought charge for not reducing consumption of water. 3. New ordinance will have a formulated drought charge based on phases and consumption. 4. A new water shortage was added to Phase II to allow outdoor watering to three days a week. 5. Phase Ill restricts watering to 2 days per wee, Phase IV restricts to one. 6. Language used to describe conservation measures is simplified and clarified, etc. 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 San Gabriel Valley Tribune on June 5, 2008. Mr. Art Morales addressed the Hearing stating the grass medians should be removed. A. Morales Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Gonzales and unanimously Hrg Closed carried to close the Public Hearing. 'Mayor Rocha requested that in addition to legal noticing publications that additional notices be Rocha sent to inform residents of the changes in the conservation ordinance. Comments After additional comments, the following was added to item 9: "Metered water use for control Add1 language of dust and at construction sites shall be considered necessary to maintain health and safety and are eligible uses of water from fire hydrants." Mayor Pro -Tem Carrillo offered an Urgency Ordinance. entitled: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING DIVISION 6 OF ARTICLE VI OF CHAPTER 78 OF THE AZUSA MUNICIPAL CODE REGARDING WATER CONSERVATION. Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Hanks 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 PUBLIC HEARING — APPEAL OF DESIGN REVIEW DR 2007-69 AND VARIANCE V 2007-09 PLANNING COMMISSION DENIAL TO ALLOW THE CONSTRUCTION OF A NEW SINGLE ' FAMILY RESIDENCE WITH REDUCED SIDE SETBACKS- 514 N. ALAMEDA Assistant Community Development Director McNamara addressed the Public Hearing stating that this is an appeal by the applicant of a Planning Commission recent denial of a Design Review and Variance to allow the construction of a 2,449 square foot single family residence and a 400 square foot detached garage in the required side yard set back; the lot is approximately 3,500 square feet, is located at 514 N. Alameda; the required setback is 5 feet for the house and 3 feet for the garage; the applicant is proposing a setback of 3 feet for the house and 2 feet for the garage; Planning Commission denied the request by a 3/2 vote and the applicant is appealing the decision. 06/16/08 PAGE SIX Urg Ord No. 08-06 Water Conservation Pub Hrg Appl 514 N. Alameda C. McNamara Comments 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 San Gabriel Valley Tribune on June 5, 2008. Mr. David IGm, Applicant, addressed the Hearing providing background information regarding D. Kim the property; stating that by improving the property it would be an improvement to the area; Applicant cited Planning Commission reason for denial was that it was a special privilege to have a 3 foot side yard set back; he advised that many properties in that area have a 3 foot setback and have the same dimensions; he asked for reconsideration of the request. Mr. Fargo Wells, property planner/designer, addressed the Hearing stating that they have F. Wells complied with all the requests of staff, i.e. design, structural engineering, title 24 reports, etc. Comments and provided Council with photographs of properties in the area that have 3 foot setbacks, and homes recently built; responded to questions posed by Council regarding the size of the property, the three different parcels which are linked, and description of the lots. Discussion was held regarding the properties, deadlines for request for variance, review of a Discussion variance and Council's role, code requirements, review of the record, approval or denial of Planning Commission decision; changes in the building code/fire code as of January 1 ". Mr. Ron Felix, Designer and Master Planner addressed the Hearing stating that he doesn't R. Felix believe fire code is the problem; he believes the main problem is that if they approve this, the Comments other properties will become non -conforming and that there are planning solutions available. Mr. Derek Young, retired Assistant Fire Chief, addressed .the Hearing stating that that the D. Young building code is for building and the fire code is to maintain the property. Comments Additional discussion was held regarding City Code with regard to 25 foot properties being too Add'I narrow for residential structures; the new Zoning Code; and why staff recommended approval Discussion for the request. Planning Commission decision was based on the Code, but there are many lots with 15 foot homes in that area. Mr. Greg Ahern, addressed the Hearing expressing concern regarding the properties with short G. Ahern setbacks, neighbor's homes, and safety zones and stated that it devaluates the community. Comments 'Mr. Art Morales addressed the Hearing expressing his opinion that there are two different A. Morales problems: Staff and Council. Comments Ms. Sharon Petre addressed the Hearing stating that it is a good thing for the community; there S. Petre is a need for single family residences and it benefits potential buyers of which some are Comments residents. Mr. David Rodriguez, addressed the Hearing speaking. in favor of building three homes. D. Rodriguez Mr. Ron Felix, addressed the Hearing stating that the properties are site specific and that is R. Felix how they will achieve the end result. Comments Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously Hrg Closed carried to close the Public Hearing. Moved by Councilmember Hanks, seconded by Mayor Rocha and carried to reverse the Planning Com Planning Commission's findings and approve Variance V 2007-09 and Design Review DR 2007- Decision 69. Councilmember Macias dissenting. Reversed PUBLIC HEARING - CALL UP OF MINOR USE PERMIT MUP 2008-5 - PLANNING Pub Hrg COMMISSION APPROVAL TO EXPAND THE HOURS OF OPERATION OF AN EXISTING Call Up APPROVED DRIVE-THROUGH TO 24 HOURS A DAY - 444 E. FOOTHILL, T -BURGERS. Drive Through T -Burgers 'Councilmember Macias left the dais and abstained from participation in the item due to a Macias abstn conflict of interest. Assistant Community Development Director McNamara addressed the Hearing stating that this C. McNamara is an appeal of the April 30" Planning Commission approval to allow of a Minor Use Permit to Comments allow an existing T -Burger drive-through 24 hours a day, seven days a week at the property located at 444 E. Foothill Boulevard; a majority of the City Council called up the item on May 5, 2008. 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 San Gabriel Valley Tribune on June 5, 2008. 06/16/08 PAGE SEVEN Mr. James Bicos, owner, addressed the Hearing stating that he applied for a twenty four drive J. Bicos through as there are others In the area as he wanted to expand the business. He stated that he Comments understood that the reasons for.the call up were due to trash and noise but he didn't think there were such problems; he stated his neighbors were in support; he talked the Planning Commission hearing as well as other businesses owned by himself. Mr. Mike Lee addressed the Public Hearing in favor of allowing the twenty-four hour drive- M. Lee through at T -Burgers. Comments Mr. Art Morales addressed the Public Hearing against allowing the twenty-four hour drive- A. Morales through at T -Burgers. Comments Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Hanks and unanimously Hrg closed carried to close the Public Hearing. Lengthy discussion was held between Councllmembers, Staff and the Applicant regarding Lengthy conditional approval, land use, neighborhood concerns, possible increase in police calls, Discussion Planning Commission decision, options, findings regarding noise, hours of operation and Planning Commission actions. Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Gonzales to overturn the Motion to Planning Commission decision based on incompatible land use. Motion was "no action" due Overturn PC to the following roll call vote: "no action" AYES: COUNCILMEMBERS: GONZALES, CARRILLO NOES: COUNCILMEMBERS: HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: MACIAS Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Gonzales and carried by roll Motion to send call that the issue of the Minor Use Permit 2008-05, be sent back to the Planning Commission back to PC to consider a compromise on the days for the twenty-four hour drive-through and that the land approved compatibility/incompatibility be reviewed. Councilmember Hanks dissented and Councilmember Macias abstained. 'The CONSENT CALENDAR consisting of Items D-1 through D- 7 was approved by motion of Consent Cal Councilmember Gonzales, seconded by Mayor Pro -Tem Carrillo and unanimously carried with Approved the exception of item D-5 which was considered under the Special Call portion of the Agenda. D-5 Spec Call Item D-6, was removed from the Agenda and will be considered at another time. D-6 rmvd 1. The minutes of the regular meeting of June 2, 2008, were approved as written. Min appvd 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or Regular Appointments: N. Covarrubias, S. Jauregui, M. Henricks, Items T. Patlogar, and D. Baird. New Appointment: L. Santamaria, Police Dispatcher. Flexible Staffing Promotion: J. Retana, Office Specialist 11. 3. In accordance with Azusa Municipal Code Section 2-518 (b), the purchase of a new Purchase Opto-Mark Ballot Counter from Martin & Chapman Company, Election Suppliers, and Opto-Mark authorize the issuance of a purchase order in an amount not to exceed $16,454, was Ballot Counter approved. 4. The issuance of the FY 2008/09 blanket purchase orders over $10,000, under the Blanket P.O. provisions of Section 2-523 of the Azusa Municipal Code, was approved. FY 08/09 5, SPECIAL CALL ITEM, Spec Call 6. Resolution declaring opposition to conversion of existing high occupancy vehicle (HOV) Removed to lanes to high occupancy toll (HOT) lanes on the 210 and 10 freeways was REMOVED Item HOT FROM THE.AGENDA. 7. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 08-C49. CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. 06/16/08 PAGE EIGHT SPECIAL CALL ITEMS Special Call Councilmember Gonzales thanked staff and Martinez Concrete, Inc. for the good work on Gonzales Concrete Improvements and for using an Azusa based concrete company. Comments Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously NOC Citywide carried to approve the Notice of Completion for City -Wide Concrete Improvements as Improvements completed by Martinez Concrete, Inc., in the amount of $354,000.00 and authorized staff to Martinez Con. file the Notice of Completion with the Los Angeles County Clerk. THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 12:20 Cncl/CRA AM, P.M. TO CONSIDER THE FOLLOWING: convene Jntly IOINT CITY/AGENCY ITEMS CONTINUED JOINT PUBLIC HEARING - CONSIDERATION OF ADOPTION OF A Joint Pub Hrg REDEVELOPMENT PLAN AMENDMENT FOR THE MERGED CENTRAL BUSINESS DISTRICT AND Plan Amend WEST END REDEVELOPMENT PROJECT, CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT AND OTHER RELATED ACTIONS. Councilmember/Director Hanks and Councilmember/Director Gonzales left the dais and Gonzales abstained from participation in the following item due to a conflict of interest. Both were Hanks selected by random ballot not to participate in the Plan Amendment. Abstained Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember/Director Macias and Accept unanimously carried to accept copies of the objection letters and the responses prepared by Objection the Redevelopment Agency noted as Exhibit 1. Letters Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AND ADOPTING WRITTEN RESPONSES AND FINDINGS TO WRITTEN OBJECTIONS TO THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA. 1 Moved by Councilmember Macias, seconded by Mayor Pro -Tem Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: CARRILLO, MACIAS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: GONZALES, HANKS Director Carrillo offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING PROGRAM. Moved by Director Carrillo, seconded by Director Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Board Members: AYES: DIRECTORS: CARRILLO, MACIAS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE ABSTAIN: DIRECTORS:. GONZALES, HANKS Mayor Pro -Tem Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CERTIFYING THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING PROGRAM. 06/16/08 PAGE NINE Res. 08-C49 Appvg & Adptg Written Res Res. 08-1126 Crtfyng EIR (Agency) Res. 08-050 Crtfyng EIR (City) Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: CARRILLO, MACIAS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: GONZALES, HANKS Mayor Pro -Tem Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ELECTING TO RECEIVE ALL OR Res. 08-051 1 A PORTION OF THE TAX REVENUES PURSUANT TO HEALTH AND SAFETY CODE SECTIONS Receive Rev 33676 AND 33607.5 FROM THE AGENCY FOR THE ADDED AREA OF THE MERGED CENTRAL for Added Area BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA. C Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: CARRILLO, MACIAS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: GONZALES, HANKS Director Carrillo offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA FINDING THAT Res. 08-1127 THE USE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE MERGED Low/Mod CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT WILL BE OF income Hsg BENEFIT TO THE PROJECT AREA. Benefit Area Moved by Director Carrillo, seconded by Director Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Board Members: AYES: DIRECTORS: CARRILLO, MACIAS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE ABSTAIN: DIRECTORS: GONZALES, HANKS Mayor Pro -Tem Carrillo offered a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA FINDING THAT THE USE OF Res. 08-052 LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE MERGED CENTRAL Low/Mod BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT WILL BE OF BENEFIT TO THE Income Hsg . PROJECT AREA. Benefit Area Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: CARRILLO, MACIAS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: GONZALES, HANKS Director Carrillo offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA BOARD OF DIRECTORS APPROVING OWNER PARTICIPATION RULES, EXTENDING THE RULES AND REGULATIONS FOR RELOCATION AND REAL PROPERTY ACQUISITION GUIDELINES TO THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT. Moved by Director Carrillo, seconded by Director Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Board Members: 06/16/08 PAGE TEN Res. 08-1128 Appvg OP rules & regs for relocation & property acquisition guidelines AYES: DIRECTORS: CARRILLO, MACIAS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE ABSTAIN: DIRECTORS: GONZALES, HANI(S Mayor Pro -Tem Carrillo offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AND ADOPTING 1" Rdg Ord AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS Appvg Plan DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA. Amendment Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Macias and unanimously carried by roll call vote to waive further reading and introduce proposed Ordinance approving the Plan Amendment. It was consensus of the City Councilmembers and Redevelopment Board Members to adjourn item 9, second reading of the proposed Ordinance approving and adopting the Plan Amendment to the meeting of June 23, 2008. Item 9, 2n° Rdg adjourned to 6/23 THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONTINUED AT 12:29 A.M. CRA convene THE CITY COUNCIL RECONVENED AT 12:37 A.M. Cncl rcnvd ORDINANCES/SPECIAL RESOLUTIONS Councilmember Gonzales offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING PORTIONS OF THE AZUSA DEVELOPMENT CODE CONCERNING VEHICLE PARKING AND STORAGE REGULATIONS, COMMERCIAL, OVERSIZED AND RECREATIONAL VEHICLE PARI(ING AND STORAGE REGULATIONS ON PRIVATE PROPERTY AND TEMPORARY SIGN AND TENT REGULATIONS. Moved by Councilmember Gonzales, seconded by Councilmember Macias to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, MACIAS, HANI(S, ROCHA NOES: COUNCILMEMBERS: CARRILLO ABSENT: COUNCILMEMBERS: NONE Councilmember Hanks offered an Ordinance entitled: Ord/Spec Resos Ord No. 08-07 Amend portion Dev Code Vehicle Pkg, Storage Regs Tem Signage AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DESIGNATING Ord No. 08-08 VERY HIGH FIRE HAZARD SEVERITY ZONES AND WILDLAND URBAN INTERFACE AREAS VHFHSZ Moved by Councilmember Hanks, seconded by Councilmember Gonzales to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANI(S, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried to adjourn in memory of Jesus Ruiz and Rogelio Hernandez. UPCOMING MEETINGS: June 23, 2008, Utility Board Meeting - 6:30 p.m. (Light and Water Conference Room) 'July 8, 2008, (Tuesday) City Council Meeting - 6:30 p.m. (Auditorium) July 21, 2008, City Council Meeting - 6:30 p.m. (Auditorium) July 28, 2008, Utility Board Meeting - 6:30 p.m. (Light and Water Conference Room) TIME OF JOURNMENT: 12:39 P.M. CITY CLERK NEXT RESOLUTION NO. 2008-053. NEXT ORDINANCE NO. 2008-09. 06/16/08 PAGE ELEVEN Adjourn in Memory of J. Ruiz & R. Hernandez Upcoming Meetings