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HomeMy WebLinkAboutMinutes - July 18, 2016 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE ' FORMER REDEVELOPMENT AGENCY REGULAR MEETING MONDAY, JULY 18, 2016 — 6:30 P.M: The City Council of the City of Azusa met in regular session at the above date and time at 213 E. Foothill Boulevard, Azusa, CA 91702. I in the Azusa Auditorium located Mayor Rocha called the meeting to order at 6:30 P.M. ROLL CALL: Roll call was taken by City Clerk Cornejo. Councilmember Macias arrived at 7:02 p.m., after roll call. I PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA A13SENT: COUNCILMEMBERS: NONE ALSO PRESENT Elected Officials: City Clerk Cornejo. Staff Members: City Manager Butzlaff, City Attorney Martinez, Economic and Community Development Director Christiansen, Neighborhood Services Coordinator Quiroz, Chief Deputy City Clerk Garcia. j CLOSED SESSION The City Council recessed to closed session at 6:38 P.M. to discuss the following: I. REAL PROPERTY NEGOTIATIONS Pursuant to California Government Code Section 54956.8. Agency Negotiators: Troy L. Butzlaff, City Manager and Kurt E. Christiansen, Director of Economic and Community Development Negotiating Parties: Charvat Family LLC Under Negotiation: Consideration of Price and Terms of Payment for purchase of City of Azusa Successor Agency property located at 17511 E. Arrow Highway on the northeast corner of Arrow Highway and Azusa Avenue Property Address: 17511 E. Arrow Highway (APN 8621-024-905) 2. REAL PROPERTY NEGOTIATIONS Pursuant to California Government Code Section 54956.8. ' Agency Negotiators: Troy L. Butzlaff. City Manager and Kurt E. Christiansen, Director of Economic and Community Development Negotiating Parties: Kevin Coleman, Sign One LP Under Negotiation: Consideration of Price and Terms of Payment for Lease/License of Assessor Parcel Number 8614-014-061, located south of the 210 Freeway and east of San Gabriel Place (northwest corner former Enterprise Car Rental Site) Property Address: South of the 210 Freeway and east of San Gabriel Place (northwest corner former Enterprise Car Rental Site) (APN 8614-014-061) 3. REAL PROPERTY NEGOTIATIONS Pursuant to California Government Code Section 54956.8. Agency Negotiators: Troy L. Butzlaff, City Manager and Kurt E. Christiansen, Director of Economic and Community Development Negotiating Parties: Arman Gabay, The Charles Company Under Negotiation: Consideration of Price and Terms of Payment Property Address: 624 N. San Gabriel Avenue (APN 8611-004-914); 622 N. San Gabriel Avenue'(APN 8611- 004-912); 618 N. San Gabriel Avenue (APN 8611-004-903, 904); 612 N. San Gabriel Avenue (APN 8611-004-905); 610 N. San Gabriel Avenue (APN 8611-004-902); 604 N. San Gabriel Avenue (APN 8611-004-907); 600 N. San Gabriel Avenue (APN 8611-004- 906) 4. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS — Pursuant to California Government Code, Section 54957. Title(s): City Manager and City Attorney 5. CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION Pursuant to Government Code section 54956.9(d)(1). Case Name: City of Gardena v. Regional Water Quality Control Board — Los Angeles Region, et al. Case Number: L.A. County Superior Court Case No. BSI 56342 6. Cases — Dispute with Waste Management regarding payment of PUBLIC COMMENT Mr. Jorge V. Rosales inquired about the reason for the sale of the property listed in Closed Session Item No. I; addressed Pis parking concerns regarding Closed Session Item No. 3; and inquired about the length of time taken to conduct the erformance evaluations listed in Closed Session Item No. 4 . REGULAR SESSION Mayor Rocha called the meeting to order at 7:40 P.M. ROLL CALL: Roll call was taken by City Clerk Cornejo. PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT Elected Officials: City Clerk Cornejo Staff Members: City Manager Butzlaff, City Attorney Martinez, Director of Human Resources and Risk Management Ayala, Director of Economic and Community Development Christiansen, Finance Director Johnson, Prblic Works Director/City Engineer` Bobadilla, Acting Police Chief Hunt, Director of Information Technology and Library Services Graf, Director of Recreation and Family Services Jacobs, Recreation Superintendent Gonzales, Management Analyst Lacasella, Economic Development Specialist Campos, Neighborhood Services Coordinator Quiroz, Chief Deputy City Clerk Garcia. The Pledge of Allegiance was led by Mr. Diego Herrera. The invocation was given by Pastor Gilbert Becerril, Pathfinder Ministry. CLOSED SESSION REPORT I The City Council reconvened at 7:40 P.M.; City Attorney Martinez announced the following regarding Closed Session: All members were present; Item I : Council heard a presentation from its negotiator concerning the terms on the property, no further reportable action; Item 2: Council provided direction to its negotiators; Item 4: City Attorney evaluation was completed and the City Manager's evaluation will be on a future agenda; Item 5: Council heard an update from the City Attorney and provided direction; and Items.3 and 6 were carried over to the end Regular Session. PUBLIC COMMENT Mr. Peter E. Jonker expressed his concerns regarding traffic and speeding on East Promenade. Ms. Inez Gutierrez expressed her concerns regarding the use of fireworks on the 0 of July and inquired about the number .of citations issued. City Manager Butzlaff responded to Mr. Jonker's concerns stating that Citrus Avenue is scheduled to open at the end of August which should relieve some of the traffic through the Rosedale Community and Staff will look into' speed limit signage. Acting Police Chief Hunt provided an update on 4'h of July fireworks stating that 97 citations were issued for illegal fireworks over a 5 day period; over 20 officers were deployed into the community; over 824 lbs. of illegal fireworks were seized this year with the assistance of the Los Angeles County Fire Department's Arson Team; 191 calls were received on the 4"; and a fire caused by illegal fireworks ignited a house in the County area. Discussion ensued regarding revenues received from issued citations and firework sales permits fees, which are placed into a scholarship fund and also used to pay for Police Officer overtime; and the procedure for placing an initiative to ban fireworks on the March ballot. PAGE TWO — 7/18/2016 REPORTS, UPDATES AND ANNOUNCEMENTS FROM STAFF/COUNCIL City Clerk Cornejo gave notice that the following City Board and Commissioners terms of office will expire on September 30, 2016: 2 positions Library Commission 1 position Park & Recreation Commission 1 position Personnel Board 1 position Planning Commission The following City Commissioner term of office has been vacated and will expire on September 30, 2017: 1 position Park & Recreation Commission 'Applications for the positions would be accepted through Monday, August 17, 2015, 5:00 P.M. in the Office of the City Clerk. Applications to be available in the Office of the City Clerk, 213 East Foothill Boulevard, Azusa City Library, 729 North Dalton Avenue, and the City's Web Page www.ci.azusa.ca.us. A date to interview the applicants would be set at the City Council meeting of August 15, 2016. Councilmember Gonzales announced the 9ht Annual Kathy's Cool Kuts on August 14, 2016, which was recently renamed in honor of his late sister and longtime supporter of the event. Councilmember Macias announced the memorial services of Ms. Vanessa Rodriguez and requested that the meeting be adjourned in her memory; commented on 4°i of July firework use; and inquired about an ordinance for the maintenance of vacant commercial properties in the downtown area. Councilmember Alvarez inquired about food vendors at the Concerts in the Park events to which City Manager Butzlaff responded that unless vendors can obtain the necessary permits from the Los Angeles County Health Department, the City cannot allow them to sell food at City events due to liability and Staff was looking for a solution. Mayor Rocha announced that the meeting would be adjourned in memory of Mr. Oscar Herrera Pozos and Ms. Vanessa Rodriguez, longtime Azusa residents, and Ms. MaryAnne Dominguez, lifelong Azusa resident. He announced the following events: July 19 — Summer Reading Program Carnival; July 23 — Planting of drought resistant plants at Veteran's Park; July 27 — 12°i Annual Korean War Armistice Ceremony; Concerts in the Park at Memorial Park on' Thursdays; August 2 — National Night Out; August 6 — Tree planting at Pioneer Park; and asked that everyone keep service men, 'women and police officers in their daily prayers. SCHEDULED ITEMS OFFERING MASSAGES PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS. ;Acting Police Chief Hunt presented the item stating that Staff was requesting that the moratorium temporarily, prohibiting the establishment of businesses offering massages be extended for a one year period to allow more time for Staff to work out the details of the Ordinance. i In response to a question posed by the Council, he responded that this one year extension would be the final extension and also provided an update on the number of establishments in the City. Mayor Rocha declared the hearing open. City Clerk Cornejo read the affidavit of proof of publication published on July 8, 2016, in the San Gabriel Valley Tribune. Public Comment None given. Moved by Councilmember Gonzales, seconded by Councilmember Macias, and carried by unanimous ;vote of the members present to close the public hearing. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE PAGE THREE — 7/18/2016 r Councilmember Macias offered Urgency Ordinance No. 2016-04 entitled: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, IN ACCORDANCE WITH :GOVERNMENT CODE SECTION 65858, EXTENDING FOR A PERIOD OF ONE YEAR A MORATORIUM TEMPORARILY PROHIBITING THE ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS Moved by Councilmember Macias, seconded by Councilmember Gonzales, and carried by unanimous vote of the members present to waive further reading, read by title only and adopt Urgency Ordinance No. 2016-04. AYES: � COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE The Council requested that Staff provide an update on a similar action for tattoo parlors, marijuana dispensaries, and adult businesses in the City. PUBLIC HEARING - 2016 REFUSE RATE ADJUSTMENT PUBLIC HEARING. Management Analyst Lacasella introduced the item stating that the rate adjustment would pertain to Fiscal Year 2016/17. The rate adjustment factors, key changes, the request for an "extraordinary increase," and rate changes were presented. Mayor Rocha declared the hearing open. City Clerk Cornejo announced that the Public Hearing Notice was mailed to the public on May 19, 2016. Due to the lack of a quorum for the July 5, 2016 meeting, a Press Release notifying the public of the rescheduled hearing, was issued on June 22, 2016 and published in the San Gabriel Valley Examiner on June 30, 2016. Two letters of opposition were received. Public Comment None given. Moved by Councilmember Gonzales, seconded by Councilmember Alvarez, and carried by unanimous vote of the members present to close the public hearing. 'AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE Councilmember Macias offered Resolution No. 2016-052 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING THE TWENTIETH AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT WITH ARAKELIAN ENTERPRISES TO AMEND THE SERVICE RATES AND FEES FOR THE PERIOD OF JULY 19, 2016 THROUGH JUNE 30, 2017 Moved by Councilmember Macias, seconded by Councilmember Gonzales, and carried by unanimous vote of the members present to adopt Resolution No. 2016-052. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF A FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF AZUSA AND ROSEDALE LAND PARTNERS II. Economic and Community Development Director Christiansen presented the item stating that the Urgency Ordinance would authorize a fourth amendment to the Development Agreement with Rosedale Land Partners 11. Staff was expecting that the final agreement would be finalized within the next few months. 'In response to questions posed by the Council, he and City Manager Butzlaff stated that the development of the Great Park is on hold until the pending litigation with Azusa Unified School District and Rosedale Land Partners 11 is complete as the Park would contain joint use facilities that will be shared with the School District. Mr. Bill Holman, Rosedale Land Partners 11 representative, provided an update on home and parks construction within the Rosedale development. :PAGE FOUR — 7/18/2016 Councilmember Macias offered Urgency Ordinance No. 2016-05 entitled: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION OF AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF AZUSA AND ROSEDALE LAND PARTNERS 11. Moved by Councilmember Macias, seconded by Mayor Pro -Tem Carrillo, and carried by unanimous vote of the members present to waive further reading, read by title only and adopt Urgency Ordinance No. 2016-05. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA, NOES: COUNCILMEMBERS: NONE Economic and Community Development Director Christiansen presented the item stating that Exclusive Negotiating Agreement (ENA) would be for a 180 day period with the option of two 90 day extensions. A brief description of the project and terms of the ENA were provided. In response to questions posed by the Council he stated that parking was not included in the ENA but would be included in the Development Agreement. Mr. Jason Tolleson, Serrano Development Group representative provided a brief timeline of the project to the Council, stating that the project is expected to be completed in about two and a half years. Mr. Greg Laemmle, Laemmle Theaters Co-owner responded to questions posed by the Council stating that the Laemmle Theater was open to the idea of hosting a film festival. Moved by Councilmember Macias, seconded by Mayor Pro -Tem Carrillo, and carried by unanimous vote of the members present to approve an Exclusive Negotiating Agreement with Azusa Block 36, LLC. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE CONSENT CALENDAR: Moved by Councilmember Gonzales, seconded by Councilmember Alvarez, to approve 'Consent Calendar Items E-1 to E-19, with the exception of items E-7, E-9 and E-19 which were handled under the Special Call portion of the agenda, and carried by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE L The minutes of the Regular Meetings of June 6, 2016 and June 20, 2016 and Special Meeting of June 13, 2016 were approved as written. 2. Resolution No. 2016-053 was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. 3. The Hunan Resources Action Items, in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s), were approved as follows: Merit Increase: E. Ibanez, L. Lacasella, K. Maldonado -Orr, T. Meyers, J. Munoz, T. Smith, New Appointment: A. Collins -Quintero Class Specification Revision: Payroll Specialist. 4. The construction of Summit Park and parkway landscape improvements adjacent to Tract 66141, known as Gardenia Neighborhood in the Rosedale Community, were accepted and an increase in the Landscape and Irrigation Contract with Brightview Landscape in the amount of $5,580.00 annually for the maintenance of these improvements was approved. '5. The release of the Performance Bond in the amount of $903,700, the Labor and Materials Bond in the amount of $903,700, the Grading Bond in the amount of $31,000, and the Monument Bond in the amount of $30,000 for Tract 64417 in the Rosedale Community were authorized. 6. Staff was authorized to release a Request for Proposals (RFP) for the City's Traffic Management System Project. .7. Special call. 8. A contract was awarded to Morrison Management Specialist for Elderly Nutrition Program Catering at the Azusa Senior Center for a four-year term in the amount of $124,270 annually. 9. Special call. PAGE FIVE — 7/18/2016 10. Staff was authorized to amend the Community Development Block Grant (CDBG) funded Single Family Housing Rehabilitation ,Program Policy Manual. 11. Staff was authorized to release the Request for Proposals (RFP) for Community Development Block Grant (CDBG) administrative professional services. 12. A one year extension of term with CSG Consultants for as needed outside building plan check and inspection services was approved in an amount not to exceed $100,000. 13. A one year extension of term with Morse Planning Group for contract planning services, expiring on June 30, 2017, was approved. 14. Staff was authorized to release a Request for Proposals (RFP) for the development of a Hazard Mitigation Plan. 15. An amendment to the Professional Services Agreement with RRM Design Group for additional services relating to the TOD Specific Plan Grant amending the agreement for one year, expiring on June 30, 2017, was approved. 16. A Professional Services Agreement with MIG/Hogle-Ireland to provide services for the Dhammakaya International Meditation Center Specific Plan in an amount not to exceed $56,000 was approved. 17. The City Treasurer's Report for the month of May 2016 was received, reviewed and filed. 18. The issuance of additional Blanket Purchase Orders for Fiscal Year 2016-17, in an amount of $25,000 or more was approved. 19. Special call. SPECIAL CALL APPROVAL OF MEMBORANDUM OF UNDERSTANDING AGREEMENT BETWEEN TASKFORCE FOR REGIONAL AUTO THEFT PREVENTION (TRAP) AND THE CITY OF AZUSA. Acting Police Chief Hunt provided information regarding the increase of motor vehicle theft and a brief description of the TRAP program. Moved by Mayor Rocha, seconded by Councilmember Gonzales, and carried by unanimous vote of the members present to approve the Memorandum of Understanding with the Taskforce for Regional Auto Theft Prevention, AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE CONSIDERATION OF AZUSA CHAMBER OF COMMERCE CONTRACT FOR FISCAL YEAR 2016/17. Economic and Community Development Director Christiansen provided a brief background of the Miss Azusa Pageant in response to ah inquiry of the Council. Mr. Steve Castro, Azusa Chamber of Commerce Chief Executive Officer responded to questions posed by the Council stating that he would make a recommendation to take over the Miss Azusa Pageant to the Chamber of Commerce. Moved by Councilmember Gonzales, seconded by Mayor Pro -Tem Carrillo, and carried by unanimous vote of the members present to approve the agreement regarding Chamber of Commerce Funding and Support. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ADMINISTRATIVE REGULATION RELATED TO THE RETENTION OF CITY E-MAILS. City Manager Butzlaff and Director of Information Technology and Library Services Graf provided a description of the Administrative Regulation and the retention of City e-mails. 'Discussion ensued regarding e-mail server capacity, proper e-mail storage, and the recent Public Records Request for Councilmember e-mails. .Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Gonzales, and carried by unanimous vote of the members present to receive and file the Administrative Regulation related to the retention of City E -Mails. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE PAGE SIX — 7/18/2016 ORDINANCES/SPECIAL RESOLUTIONS SECOND READING AND ADOPTION OF ORDINANCE NO. 2016-03 AMENDING DIVISION 6 OR ARTICLE VI OF CHAPTER 78 OF THE AZUSA MUNICIPAL CODE REGARDING WATER CONSERVATION. Councilmember Gonzales offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL/UTILITY BOARD 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 Councilmember Gonzales, seconded by Councilmember Alvarez, and carried by unanimous vote of the 'members present, to waive further reading and adopt Ordinance No. 2016-03. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE AZUSA PUBLIC FINANCING AUTHORITY (APFA). MINUTES OF THE SPECIAL MEETING OF JUNE 13, 2016, AND THE REGULAR MEETING OF JUNE 20, 2016. Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Gonzales, and carried by unanimous vote of the members present to approve the APFA minutes for the special meeting of June 13, 2016, and the regular meeting of June 20, 2016, as written. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE SUCCESSOR AGENCY RELATED BUSINESS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE SUCCESSOR AGENCY. Agency Member Gonzales offered Resolution No. 2016-R12 entitled: A RESOLUTION OF THE SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID 061' OF SUCCESSOR AGENCY ,OF FUNDS Moved by Agency Member Gonzales, seconded by Agency Member Alvarez, and carried by unanimous vote of the members present, to approve Resolution No. 2016-R12: AYES: AGENCY MEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: AGENCY MEMBERS: NONE CLOSED SESSION The City Council Recessed to closed session at 9:13 P.M. to continue discussion of the following: 3. REAL PROPERTY NEGOTIATIONS Pursuant to California Government Code Section 54956.8 Agency Negotiators: Troy L. Butzlaff, City Manager and Kurt E. Christiansen, Director of Economic and Community Development Negotiating Parties: Arman Gabay, The Charles Company Under Negotiation: Consideration of Price and Terns of Payment Property Address: 624 N. San Gabriel Avenue (APN 8611-004-914); 622 N. San Gabriel Avenue (APN 8611- 004-912); 618 N. San Gabriel Avenue (APN 8611-004-903, 904); 612 N. San Gabriel Avenue (APN 8611-004-905); 610 N. San Gabriel Avenue (APN 8611-004-902); 604 N. San Gabriel Avenue (APN 8611-004-907); 600 N. San Gabriel Avenue (APN 8611-004- 906) ,6. CONFERENCE WITH LEGAL COUNSEL — THREAT OF LITIGATI01 LITIGATION — Pursuant to California Government Code, Sections 54956.9(d' 1 Potential Cases — Dispute with Waste Management regarding payment of landfill. CLOSED SESSION REPORT The City Council reconvened at 10:11 P.M.; City Attorney Martinez announced the following regarding Closed Session: Item 3: No reportable action; and Item 6: Council provided direction. PAGE SEVEN — 7/18/2016 ADJOURNMENT: The meeting was adjourned by consensus of the City Council. TIME OF ADJOURNMENT: 10:12 P.M. RESOLUTION NO. 2016-054 (City) NEXT ORDINANCE NO. 2016-06 NEXT RESOLUTION NO. 2015-R13 (Former Redevelopment Agency) NEXT MEETINGS: August 15, 2016 and September 19, 2016 PAGE EIGHT — 7/18/2016