Loading...
HomeMy WebLinkAboutMinutes - June 05, 2017 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY REGULAR MEETING MONDAY, JUNE 5, 2017 – 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 E. Foothill Boulevard, Azusa, CA 91702. Mayor Rocha called the meeting to order at 6:30 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, Neighborhood Services Coordinator Quiroz, and Chief Deputy City Clerk Garcia. CLOSED SESSION The City Council recessed to closed session at 6:32 P.M. to discuss the following: 1. CONFERENCE WITH LEGAL COUNSEL – POSSIBLE INITIATION OF LITIGATION Pursuant to California Government Code, Section 54956.9 (d)(4). 1 Potential Case Concerning Supplemental Insurance Assessment Imposed by ICRMA 2. CONFERENCE WITH LEGAL COUNSEL – POSSIBLE INITIATION OF LITIGATION Pursuant to California Government Code, Section 54956.9 (d)(4). 1 Potential Case: Dispute with Foothill Transit Authority over reimbursement of public art costs 3. CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION - Pursuant to California Government Code, Section 54956.9(d)(2)/(e)(1). One Potential Case REGULAR SESSION Mayor Rocha called the meeting to order at 7:30 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 Finance Johnson, Director of Economic and Community Development Christiansen, Chief of Police Hunt, Director of Public Works/City Engineer Bobadilla, Utilities Director Morrow, Management Analyst Lacasella, Associate Planner Munoz, Neighborhood Services Coordinator Quiroz, and Chief Deputy City Clerk Garcia. The Pledge of Allegiance was led by Mr. Victor Ponto. The invocation was given by Pastor Tony Rodriguez, Ministerio Internacional Nuevo Nacimiento en Jesus Cristo. CLOSED SESSION REPORT The City Council reconvened at 7:30 P.M.; City Attorney Martinez announced the following regarding Closed Session: Item 1: Council heard a presentation from Staff and City Attorney, no reportable action; Item 2: Council authorized a settlement of the matter by a vote of 5-0; the City would contribute an amount not-to-exceed $90,000, which represents approximately 50% of the cost, for public artwork that would be placed on the intermodal parking structure.; and Item 3: no reportable action. PUBLIC COMMENT Mr. Hecor Elizalde, Representative of Congresswoman Grace Napolitano, provided information about the 6th Annual Veteran’s Forum on June 17, 2017 at the National Guard Armory. Mr. Lovlesh Tandon discussed the Monrovia Nursery Specific Plan as it pertained to the Garcia Trail. REPORTS, UPDATES AND ANNOUNCEMENTS FROM STAFF/COUNCIL Mayor Pro-Tem Macias wished everyone a great start to their summer and reminded everyone to be cautious while driving when children are out playing. Councilmember Alvarez wished everyone a Happy Father’s Day and requested that Staff look into trimming the trees near Angeleno Avenue and Memorial Park. Councilmember Gonzales congratulated all of the City’s high school graduates; wished everyone a Happy Father’s Day; congratulated the daughter of Planning Commissioner Lee for being awarded a full scholarship to the Air Force Academy; and asked everyone to drive safely while children are out of school. Councilmember Carrillo congratulated all Azusa Unified School District students that graduated or got promoted; and congratulated the Azusa Softball Little League for winning the Major, Minor and Junior Tournament of Champions. Mayor Rocha announced that the meeting would be adjourned in memory of Ms. Virginia Trejo and Mr. Ramon Nañez, long time Azusa residents. He wished everyone a Happy Father’s Day; congratulated all of the graduates from Azusa High, Gladstone High, Sierra High, Azusa Adult School, and those receiving a CNA pin; announced the following events: free yard sales on June 10 & June 11, Slauson Pool opening day on June 10, ribbon-cutting for the new McDonalds on June 14, and Veteran’s Forum on June 17; discussed the Memorial Day event that took place on May 29; and applauded the Azusa Softball Little League. SCHEDULED ITEMS PUBLIC HEARING - FIRST READING OF ORDINANCE AMENDING SECTION 88.42.035 (MEDICAL MARIJUANA USES) OF CHAPTER 88 (DEVELOPMENT CODE) OF AZUSA CODE TO REGULATE THE PERSONAL, MEDICAL AND COMMERCIAL USE OF MARIJUANA. Associate Planner Munoz presented the Staff Report stating that the Ordinance proposed the prohibition of cultivation, delivery, medical, and commercial uses; a Residential Indoor Marijuana Cultivation Permit would allow for the personal growth of up to 6 marijuana plants; and permit fees shall be $426 for initial permit and $213 for renewals. In response to questions posed by the Council, Director of Economic and Community Development Christiansen and Associate Planner Munoz responded that property owners’ signatures must be notarized on the Permit applications; the cost of the permit allows for the City to recover the cost of Staff’s time to go into the residences to see where the plants are to be grown in order to ensure proper ventilation and safety; residents would be allowed to grow plants in their garage as long as it does not interfere with parking; and the permit is strictly for personal use. Mayor Rocha declared the hearing open. City Clerk Cornejo read the affidavit of proof of publication published on May 18, 2017, in the San Gabriel Valley Tribune. Public Comment Mr. Jorge V. Rosales inquired about the procedure to obtain permission from property owners. Moved by Councilmember Gonzales, seconded by Councilmember Carrillo, and carried by unanimous vote of the Council to close the public hearing. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE PAGE TWO – 06/05/2017 Councilmember Gonzales offered Resolution No. 2017-C35 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA ESTABLISHING FEES FOR RESIDENTIAL INDOOR MARIJUANA CULTIVATION (RIMC) PERMITS Moved by Councilmember Gonzales, seconded by Councilmember Carrillo, and carried by the following vote of the Council to adopt Resolution No. 2017-C35. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: MACIAS Councilmember Gonzales offered Resolution No. 2017-C36 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AUTHORIZING USE OF LIVE SCAN TECHNOLOGY WITH RESIDENTIAL INDOOR MARIJUANA CULTIVATION (RIMC) PERMITS Moved by Councilmember Gonzales, seconded by Councilmember Carrillo, and carried by the following vote of the Council to adopt Resolution No. 2017-C36. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: MACIAS Councilmember Gonzales offered Ordinance No. 2017-02 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, AMENDING SECTION 88.42.035 OF THE MUNICIPAL CODE (DEVELOPMENT CODE) TO REGULATE THE PERSONAL, MEDICAL, AND COMMERCIAL USE OF MARIJUANA Moved by Councilmember Gonzales, seconded by Councilmember Carrillo, and carried by the following vote of the Council to approve the first reading of Ordinance No. 2017-02. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: MACIAS PUBLIC HEARING - FIRST READING OF ORDINANCE AMENDING ARTICLE IX (MASSAGE TECHNICIANS AND MASSAGE ESTABLISHMENTS) OF CHAPTER 18 (BUSINESSES), ADDING CHAPTER 88.48 (MASSAGE PARLORS AND MASSAGE TECHNICIANS) TO ARTICLE 4 (STANDARDS FOR SPECIFIC LAND USES) OF CHAPTER 88 (DEVELOPMENT CODE), AMENDING SECTION 88.70.020, AMENDING SECTION 88.24.005, AND AMENDING SECTION 88.26.010 OF THE AZUSA MUNICIPAL CODE REGARDING MASSAGE PARLORS AND MASSAGE TECHNICIANS. Associate Planner Munoz presented the Staff Report stating that the current Urgency Ordinance was set to expire on July 22, 2017; the code amendment would classify specific land use for massage parlors; a Massage Parlor Permit would be administered through the Planning Division; and massage technicians are to be licensed by the state and employees that are not massage technicians are to be live scanned. In response to questions posed by the Council, Director of Economic and Community Development Christiansen and Associate Planner Munoz stated that those employees that are not technicians would be live scanned such as owners or receptionists; most of the $39,750 in citation fines for prior massage establishment code compliance operations were collected; massage parlors cannot be banned in the City due to State law; separation requirements between massage parlors would limit the number of establishments in the City; and there are a total of 13 establishments in the City. Mayor Rocha declared the hearing open. City Clerk Cornejo read the affidavit of proof of publication published on May 18, 2017, in the San Gabriel Valley Tribune. Public Comment None given. Moved by Councilmember Gonzales, seconded by Councilmember Alvarez, and carried by unanimous vote of the Council to close the public hearing. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE PAGE THREE – 06/05/2017 Mayor Pro-Tem Macias offered Ordinance No. 2017-03 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA DELETING ARTICLE IX (MASSAGE TECHNICIANS AND MASSAGE ESTABLISHMENTS) OF CHAPTER 18 (BUSINESSES), ADDING CHAPTER 88.48 (MASSAGE PARLORS AND MASSAGE TECHNICIANS) TO ARTICLE 4 (STANDARDS FOR SPECIFIC LAND USES) OF CHAPTER 88 (DEVELOPMENT CODE), AMENDING SECTION 88.70.020, AMENDING SECTION 88.24.005, AND AMENDING SECTION 88.26.010 OF THE AZUSA MUNICIPAL CODE REGARDING MASSAGE PARLORS AND MASSAGE TECHNICIANS Moved by Mayor Pro-Tem Macias, seconded by Councilmember Gonzales, and carried by unanimous vote of the Council to approve the first reading of Ordinance No. 2017-03. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE Mayor Pro-Tem Macias offered Resolution No. 2017-C37 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA ESTABLISHING FEES FOR MASSAGE PARLOR PERMITS Moved by Mayor Pro-Tem Macias, seconded by Councilmember Gonzales, and carried by unanimous vote of the Council to adopt Resolution No. 2017-C37. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: MACIAS Mayor Pro-Tem Macias offered Resolution No. 2017-C38 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AUTHORIZING USE OF LIVE SCAN TECHNOLOGY WITH MASSAGE PARLOR PERMITS Moved by Mayor Pro-Tem Macias, seconded by Councilmember Gonzales, and carried by unanimous vote of the Council to adopt Resolution No. 2017-C38. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE APPOINTMENTS TO CALIFORNIA JPIA BOARD OF DIRECTOR AND ALTERNATES FOR ANNUAL BOARD OF DIRECTORS MEETING. Moved by Mayor Pro-Tem Macias, seconded by Councilmember Alvarez, and carried by unanimous vote of the Council to appoint Mayor Rocha as Director and City Manager and Director of Human Resources/Risk Management as Alternates to represent the City at the annual Board of Directors business meeting. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE CONSIDERATION OF PROPOSED UTILITY BOX ART PILOT PROJECT FROM AZUSA BEAUTIFUL. Management Analyst Lacasella presented the item stating that the City received a proposal from Azusa Beautiful to establish a Utility Box Art Pilot Project for the creation of temporary art work on up to ten City owned utility boxes along Azusa Avenue between 5th and 9th Streets. Staff requested direction from the Council on whether to convene the Art in Public Places Commission to develop guidelines and criteria for implementing the proposed project. Discussion ensued regarding the proposed project and the selection process. The Council directed Staff to convene the Art in Public Places Commission and proceed with the project. CONSENT CALENDAR: Moved by Mayor Pro-Tem Macias, seconded by Councilmember Carrillo, to approve Consent Calendar Items E-1 to E-9, and carried the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: CARRILLO, MACIAS (Item E-4 only) 1. The minutes of the special meeting of February 27, 2017 were approved as written. 2. Resolution No. 2017-C39 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. PAGE FOUR – 06/05/2017 3. The release of the Monument Bond in the amount of $4,300 for Tract 54057-21 was approved and the release of the Performance Bond in the amount of $380,168, the Labor and Materials Bond in the amount of $380,168, and the Monument Bond in the amount of $8,000 for Tract 54057-22, were approved. 4. The low bid from All Cities Engineering was rejected and a contract was awarded to Martinez Concrete, Inc. for a total not-to-exceed amount of $165,374 for the Sidewalk and ADA Improvements Project No. 601804-16. 5. A contract was awarded to Elecnor Belco Electric, Inc. for a total not-to-exceed amount of $384,495.90 for the Foothill and Dalton Avenue Traffic Signal Installation Project – CIP 66117A & B. 6. The City Treasurer’s Statement of Cash and Investment Balances for the month of April 2017 was received, reviewed, and filed. 7. The City Manager was authorized to execute a Task Order with HR Green for a not-to-exceed fee amount of $57,500 to perform construction management and inspection services for the Sierra Madre Avenue Street Rehabilitation Program. 8. The Quarterly Legislative Update was received and filed. 9. A Professional Services Agreement with Badawi & Associates Certified Public Accountants for auditing services was approved. ADJOURNMENT: The meeting was adjourned by consensus of the City Council in memory of Ms. Virginia Trejo and Mr. Ramon Nañez, long time Azusa residents. TIME OF ADJOURNMENT: 8:29 P.M. _________________________________ CITY CLERK NEXT RESOLUTION NO. 2017-C40 (City) NEXT ORDINANCE NO. 2017-O4 NEXT RESOLUTION NO. 2017-R08 (Former Redevelopment Agency) NEXT MEETINGS: June 19, 2017 and July 3, 2017. PAGE FIVE – 06/05/2017