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HomeMy WebLinkAboutA- 5 Minutes of April 7, 2003 City CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, April 7, 2003 - 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 entire Council presented of Certificates of Appreciation, Blue Stars, and Yellow Ribbons to the families of young men and women of Azusa serving in our Armed Forces as of March 2003. The names of young men and women of Azusa serving in our armed forces are as follows: PFC Richard Sotela, 10th Mountain Unit, U.S. Army Sgt. Daniel Cisneros, Sr., Unit-HHT-1/1 – 18 CAV, U.S. Army Robert Flores, SSG 452D SFS, U.S. Army Sgt. Roger Lanuza, U.S. Army Sgt. Franklin Gamez, U.S. Army PFC Carlos R. Cartagena, U.S. Marines Sgt. Chadwick McKoewn, Special Forces, U.S. Army E.G. Arthur Granados, U.S. Navy Lance Cpl. Nicolas J. Padron, U.S. Marines HTFM Patrick Villa, U.S. Navy PFC Timothy Griego, U.S. Army E4 Augustine Curiel III, U.S. Navy GYSgT Jorge Chavarin, U.S.M.C. EN3 Michael Aguirre, Jr., U.S. Navy, U.S.S. Bridge AOE10 SN Brian J. Virden, U.S. Navy, USS Anchorage Staff Sgt. John Iverson, U.S. Army – Kuwait Lance Corporal Austin L. Ibarra, U.S.M.C. IMEF Airman Joe M. Garcia III, U.S. Air Force Airman Abel Jimenez, U.S. Air Force E-3 DCFN Luis G. Rios, U.S. Navy, USS Constellation Staff Sgt. Rene Falcon, U.S. Air Force E2 John Sanchez III, U.S. Navy, USS Nimetz Airman James Edward Nigg, U.S. Navy Sgt. Moises P. Alcala, USMC Pvt. Angela Rausch, U.S. Army Master Sgt. Rick McMinn, U.S. Air Force Reserves The City Council presented certificates of recognition to St. Frances of Rome Varsity Basket ball Team. The City Council presented a gift of a City of Azusa jacket to Mr. Ralph Avila, a resident of Azusa as well as a recent retiree of the City of Azusa and they proclaimed the month of April as Parks Make People Happy and Healthy, recognizing the work that Mr. Avila accomplished while employed as a member of the Parks Department. The City Council presented a proclamation to Director of Park Planning and Development Noriega, proclaiming April 17, 2003 as Arbor Day. Mr. Noriega invited all to Pioneer Park on that date as a tree will be planted and a plaque will be dedicated to former City Clerk Adolph A. Solis in recognition for his service to the community. The City Council presented a proclamation members of AUSD, Human Relation Commission and City, in honor of Cesar Chavez and in celebration of the event a Mariachi Group performed to Council and audience. Ceremonial Blue Stars To Families Cert Basketball St Frances Gift to R. Avila Proc Parks Proc Arbor Day – Ded A. Solis Proc C. Chavez The City Council presented a proclamation to Nina Soltani of Rainbow Christian Pre-School proclaiming the week of April 7th through 12th as Week of the Young Child. She invited all to attend the celebration on April 12th at City Park. The City Council presented a proclamation proclaiming the month of April as Child Abuse Prevention Month. Mayor Madrid called the meeting to order and led in the Salute to the Flag. INVOCATION was given by Pastor Jesse Aramburo of the First Baptist Church of Azusa. ROLL CALL PRESENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: City Attorney Carvalho, City Manager Cole, Assistant City Manager Person, Chief of Police Davis, City Treasurer Macias, City Librarian Tovar, Director of Park Planning and Development Noriega, Director of Public Works Nakasone, Public Information Officer Quiroz, Interim Economic Development/Redevelopment Director Hennessey, City Engineer Abbaszadeh, City Clerk Mendoza, Deputy City Clerk Toscano. Moved by Councilmember Chagnon, seconded by Councilmember Hardison and unanimously carried to recess to Closed Session to the City Manager’s Office, to discuss four Real Property Negotiations items as follows: CLOSED SESSION REAL PROPERTY NEGOTIATIONS – (Government Code Section 54956.8). Property: Northwest corner of Azusa Ave and Foothill Blvd, Azusa, CA 91702 Agency Negotiator: City Manager Rick Cole and Assistant City Manager Robert Person. Negotiating Parties: Tom Marshall Under Negotiation: Price and Terms of payment. REAL PROPERTY NEGOTIATIONS – (Government Code Section 54956.8). Property: 613 – 615 N. Azusa Avenue, Azusa CA 91702 Agency Negotiator: City Manager Rick Cole and Assistant City Manager Robert Person. Negotiating Parties: Dr. Reyes Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS – (Government Code Section 54956.8). Property: 617 N. Azusa Avenue, Azusa CA 91702 (Breezeway) Agency Negotiator: City Manager Rick Cole and Assistant City Manager Robert Person. Under Negotiation: Price and Terms of payment. REAL PROPERTY NEGOTIATIONS – (Government Code Section 54956.8). Property: 619-621 N. Azusa Avenue, Azusa CA 91702 Agency Negotiator: City Manager Rick Cole and Assistant City Manager Robert Person. Under Negotiation: Price and Terms of payment. The City Council recessed at: 7:52 P.M. The City Council reconvened at 8:15 P.M. Councilmember Stanford advised that he has abstained from participation in the item regarding Dr. Reyes, due to the possible conflict of interest as Dr. Reyes advertises in Mr. Stanford’s newspaper. There was no reportable action at this time, but, Closed Session was continued to the end of the meeting. PUBLIC PARTICIPATION Mr. Jack Lawrence, on behalf of the Azusa Greens Homeowners’ Association, addressed Council detailing an issue that occurred between the City, Johnny Johnson, owner of Azusa Greens Golf Course, and the Homeowners’ Association. He stated that Johnny Johnson filed a lawsuit against the Homeowners’ Association and the City for not allowing him to build homes on Montecito Way; there were concerns regarding problems with the street, errant golf balls, etc. Through arbitration they were able to reach consensus, but, now, the lawsuit has been dropped and the problems with Montecito Way and golf balls still remain. Proc Week Of the Young Child Proc Child Abuse Month Call to Order Invocation Roll Call Also Present Motion to Recess to Closed Sess Closed Sess Real Prop NW Corner Azusa & Foothill Real Prop 613-615 Azusa Ave Real Prop 617 N. Azusa Ave. Real Prop 619-621 Azusa Ave Recess/ Reconvened No rpts Pub Part J. Lawrence Comments 04/07/03 PAGE TWO City Manager Cole responded stating that there was indeed a lawsuit that went away, the solution went away, and the problem remains. He stated that he would like to meet with Mr. Lawrence and work on this problem. He then answered questions posed by Councilmember Stanford. Ms. Peggy Martinez of Downtown Business Association addressed Council thanking all who attended the Mariachi De Azusa Festival and all who supported them. She advised that two businesses will soon be coming into the Downtown area; Creative Quilts and Crafts and Frog Pizza. Also there will be a Community Planning Office opening up in the Downtown Area. Mr. Michael Tyner addressed Council and expressed his opinion regarding the results of the referendum on the Monrovia Nursery Project. Mr. Mark Davis addressed Council expressing his opinion regarding the results of the referendum on the Monrovia Nursery Project and provided information regarding the ordinances that were adopted. Ms. Marie Kukula expressed her opinion regarding the results of the referendum regarding Monrovia Nursery Project. Ms. Lana Grizzell expressed her opinion regarding the referendum on the Monrovia Nursery Project. Ms. Renee Bergman addressed Council thanking them for the improvements on San Gabriel Canyon Road above Sierra Madre. Ms. Mercedes Cortez addressed Council thanking them for approving the Monrovia Nursery Project. Ms. Ruth Ann Griffin commended the Council for their work and for approving the Monrovia Nursery Project. Ms. Nancy Gibson on behalf of the Kiwanis and Ms. Olga Gonzales on behalf of Civitans addressed Council requesting that the deadline to apply for fireworks booths be waived as both of them did not file in a timely manner. They answered questions posed by Councilmembers that there are both existing groups that have held Fireworks Permits in the passed, but, both missed the deadline this year. After conferring with the City AttorneyCarvalho, City Manager Cole advised that he is denying their request, but, that they can file appeals at the next Council meeting, per Azusa Municipal Code. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF City Manager Cole provided information regarding the Tax Review/Reform Task Force, advising that it will be a nine member review board to address, in summary as follows: the shortfall between existing revenues and the current level of city services, particularly in light of the State budget crisis, assess changing needs for additional city services, including Police and Library staffing, and to review locally- controlled sources of revenue and recommend to Council a ballot measure to increase revenue. The Task Force will be chaired by Uriel Macias and the members are as follows: David Amador, Carl Fonomaia, Inez Gutierrez, Marianne Miasnik, Paul Niccachian, Diane Pennington, Mark Ramirez, and Joan Singleton. City Attorney Carvalho addressed item regarding update on El Patio Restaurant, stating that staff is moving forward on the owner’s application to resolve the land use issue; the Community Development Department received a check to pay for the cost of processing the special request and a draft of the proposed agreement is being formed. Director of Public Works Nakasone addressed item regarding update on Pavement Management Program stating that the program will run from April 8, 2003 through April 22, 2003. He introduced Mr. Tony Alvarado Western Pavement Management Association, who detailed the process of Pavement Management. He then answered questions posed by Council. Councilmember Stanford offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CIYT OF AZUSA, CALIFORNIA, APPOINTING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS. 04/07/03 PAGE THREE Moved by Councilmember Stanford, seconded by Councilmember Chagnon to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: City Mgr Response P. Martinez Comments M. Tyner Comments M. Davis Comments M. Kukula Comments L. Grizzell R. Bergman Comments M. Cortez Comments R. Griffin Comments N. Gibson Kiwanis & O. Gonzales Civitans Fireworks City Mgr Denied request Rpts/Updates City Mgr Comments Tax Review/ Reform Task Force City Attny Update El Patio Update Pavement Management Process Res. 03-C29 Appts to SGV Cog AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Moved by Councilmember Stanford, seconded by Councilmember Chagnon and unanimously carried that Mayor Cristina Madrid be appointed to the LA Works Board of Directors as representative for the City of Azusa. Councilmember Chagnon thanked Mayor Pro-Tem Rocha for all his help with the disbursement of the Blue Stars and for his participation in the Azusa Blue Star Program. She also thanked ProForma Printing for donating the Blue Star forms. She thanked Director of Public Works Bill Nakasone for the work on Cerritos, north of Gladstone, the decorative pavement that has been installed. He noted that the credit goes to Victor Padilla and his crew. She reminded all to attend the Arbor Day celebration on April 17th at Pioneer Park and that Adolph Solis, former City Clerk will be honored with the planting of a tree in his name. Mayor Pro-Tem Rocha thanked Peggy Martinez for the successful Mariachi Festival that was held over the weekend. He also thanked Angel Chavez who brought over 30 JV Baseball player to help with the tree planting project on April 5th on Cerritos; they planted about ten trees in two hours. He thanked Bill Sena for donating banners that say “We Support Our Troops” that they will use in recognition celebrations. He asked that the meeting be adjourned in memory of Johnny Sanchez, a great man, an Azusan and former City employee. Councilmember Hardison thanked Nasser Abbaszadeh, City Engineer and Bill Nakasone, Director of Public Works for the north end project. Councilmember Stanford congratulated Peggy Martinez for the success of the Mariachi Festival, and a special thanks to the City Treasurer Uriel Macias, who was the MC and also sang a song the for event. He expressed his happiness over seeing the auditorium filled with families of Azusa serving our Country. He talked about the fact that Azusa adopted the 2nd battalion, Marine regiment. Mayor Madrid reminded all to attend the Citizens Congress on Saturday, from 8:45 a.m. to 12:00 noon at the Azusa Senior Center regarding the draft General Plan. She also reminded all to attend the celebration of Year of the Young Child at City Park, and lastly, the Hazardous Water Recycling Program to be held at Northrup/Grumman. The CONSENT CALENDAR consisting of Items V-A through V-O was approved by motion of Councilmember Chagnon, seconded by Mayor Pro-Tem Rocha and unanimously carried, with the exception of VF, H, L, and M , which were considered under the Special Call portion of the Agenda. A. Minutes of the regular meeting of March 17, 2003, were approved as written. B. Human Resources Action Items were approved as follows: Merit Increase and/or regular appointment: L. Onaga, M. Diaz, and M. De Lano. Promotional Appointment: F. Chavez, Police Lieutenant, effective April 8, 2003. C. The Financial Statement for Year Ended June 30, 2002, for the Multifamily Housing Program, $19,515,000 Multifamily Housing Revenue Refunding Bonds, Series 1994, were received and filed. (Mayor asked why the City is not in compliance, it will be discussed at another time). D. Bid Award for the purchase of Community Development Department vehicles was awarded to West Covina Motors/Clippinger Chevrolet for the purchase of four pickup trucks and one sport utility vehicle for the Building and Community Improvement Divisions. E. Approval was given to for the installation of four-way stop signs on Sunset at Sixth Street. F. SPECIAL CALL ITEM. G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHROIZING TEMPORARY CONTINUATION OF BENEFITS AND SALARY FOR EMPLOYEES CALLED TO ACTIVE MILITARY DUTY IN SUPPORT OF “OPERATION ENDURING FREEDOM”. 04/07/03 PAGE FOUR H. Approval was given to adopt a support position for Legislation for a new Statewide Library Bond Act, SB 40, AB222 and authorization was given to the Mayor to sign a letter in support of SB 40 to members of the Senate Appropriations Committee and to sign a letter in support of AB 222 to be sent to members of the Assembly Local Government Committee. I. The increase in the Public Works Department purchase orders for Traffic Signals Maintenance, Mayor Rep LA Works Chagnon Comments Rocha Comments Hardison Comments Stanford Comments Madrid Comments Consent Cal Spec Call V-F, H, L, M Min appvd Hum Res Items Financial Stmt Purchase Vehicles Com Dev Install 4 way stop Spec Call Res. 03-C30 Plan Check Services and Plans Reproductions were approved. An increase of $30,000 in the traffic signal maintenance, $35,000 in plan check services and $2,000 in reproduction services. J. Request of an increase in the blanket purchase order for Workers’ Compensation claims expense account in the amount of $100,000, was approved for a total new amount of $350,000. K. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL ASSESSMENTS FOR A CITY OF AZUSA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1 (COMMUNITY MAINTENANCE FEE) FOR FISCAL YEAR 2003-04 AND ORDERING THE PREPARATION AND FILING OF AN ENGINEER’S REPORT IN ACCORDANCE THEREWITH FOR THE PUBLIC HEARING ON MAY 5, 2003. L. SPECIAL CALL ITEM. M. SPECIAL CALL ITEM. N. Request for a purchase order to purchase a picnic shelter and BBQ from Sadie Construction in the amount of $20,546.93, was approved. Approval was also given to enter into a contract agreement with Malibu Pacific, Inc. to install said picnic shelter and BBQ and to purchase picnic tables, concrete pads and the cost of installation labor in the amount of $23,700.00, at Veteran’s Freedom Park. Total project cost is $44,246.93. O. The following Resolution was approved and adopted: 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. SPECIAL CALL ITEMS Mayor Pro-Tem Rocha addressed item regarding City Manager Contract/Compensation, calling attention to section #8 a. City Manager and City Council Responsibilities, specifically section as follows: “The City Manager shall only implement that City Council policy which is approved by a majority vote of the City Council. The City Manager shall not take action to implement any action or participate in any activity concerning City policy without direction in the form of a majority vote of the Council”. Mr. Rocha apologized to his four colleagues for not following this policy in the past. He requested that City Manager Cole make a commitment to him and he would make a commitment to the City Manager to remind him of the policy #8a, when needed. He also noted the following to be included in the reminder: “The City Manager shall keep all members of the City Council informed of his progress in implementing City policy and shall ensure that all members of the City Council receive copies of all written work product, information or correspondence concerning City business requested by any one or more members of the Council”. City Manager Cole responded stating that he too apologizes when he does not comply with the policies as noted. Moved by Councilmember Stanford, seconded by Councilmember Chagnon and unanimously carried to approve the City Manager Employment Agreement and salary increase. Mayor Pro-Tem Rocha addressed item regarding a License Agreement between the City and property owner Larry D. Sutton to install and maintain a decorative masonry block wall across the rear of the property at 145 S. Ranburn Avenue, and to install and maintain signage identifying the City of Azusa on the Citrus Avenue side of the block wall visible to motorists exiting the East-bound 210 Freeway at Citrus Avenue. He noted that the License Agreement is binding for twenty years, but, asked if the agreement runs with the land. City Attorney Carvalho responded that yes, on page 3, 3.10 of the Agreement states that the covenant runs with the land. She also recommended that the License Agreement be recorded. City Manager Cole noted that thanks go to Community Improvement Manager Rudisel and his staff for bringing this project together. It was consensus of Councilmembers that a provision be added to give either party the opportunity to renew the agreement after twenty years. 04/07/03 PAGE FIVE Moved by Councilmember Stanford, seconded by Councilmember Chagnon and unanimously carried to approve a License Agreement between the City of Azusa and private property owner Larry D. Sutton and authorize the City Manager to execute the agreement. Mayor Pro-Tem Rocha addressed item regarding the purchase of 15 new Park Drinking fountains requesting that a drinking fountain be installed in the front side of City Hall where there was one originally near the West Wing. City Manager Person responded stating that the 15 fountains that are being purchased are to replace existing ones, but, that he would place the request into the workplan for 2003-04. Temp Bene Military duty Letter in Support SB 40 & AB 222 Inc P.O.’s PW Dept Inc P.O.’s Wkrs Comp Res. 03-C31 Com Maint Fee PH 5/5/03 Spec Call Spec Call Picnic Shelter, BBQ Veteran’s Freedom Park Res. 03-C32 Warrants Spec Call Items Rocha Comments City Mgr Contract City Mgr Contract appvd License Agmt L. Sutton Moved by Councilmember Stanford, seconded by Councilmember Chagnon and unanimously carried to approve a purchase order with Azusa Wholesale Plumbing for fifteen (15) new park drinking fountains to replace non-ADA accessible fixtures at various parks, in the amount of $24,994.25. THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONTINUED AT 9:30 P.M. THE CITY COUNCIL RECONVENED AT 9:31 P.M. It was consensus of Councilmembers to recess to Closed Session to discuss the following: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Gov. Code Sec. 54956.9 (a)). Southern California Edison Co. v. City of Azusa, et.al. Case Number BC 281408. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Gov. Code Sec. 54956.9 (c)). Irvin Rubin, et al. v. City of Burbank, Case Number: Supreme Court of California No. S110765. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Gov. Code Sec. 54956.9 (a)). City of Arcadia, et al v. California Regional Water Quality Control Board Los Angeles Region: Los Angeles County Superior Court Case No. BS080548. The City Council recessed at: 9:31 p.m. The City Council reconvened at 10:13 p.m. City Attorney Carvalho reported that the Council voted 5-0 to support the Amicus Brief with regard to Irvin Rubin, et al. v. City of Burbank. The City Council convened jointly with the Redevelopment Agency to discuss the following: JOINT PUBLIC HEARING – regarding a Disposition and Development Agreement by and between the City of Azusa Redevelopment Agency and Dr. Ralph Reyes and Jeanine E. Reyes for the Redevelopment Agency Property located at 613-615 N. Azusa Avenue: Downtown Redevelopment Project Area. The Mayor declared the Joint Public Hearing open. The City Clerk read the proof of publication of notice of said hearing published in the Azusa Herald on March 27, 2003. Testimony was solicited, but, none was received. It was consensus of Council to continue the Public Hearing to the meeting of April 21, 2003. It was consensus of Councilmembers to adjourn in memory of Johnny Sanchez. TIME OF ADJOURNMENT: 10:14 P.M. __________________________________ CITY CLERK NEXT RESOLUTION NO. 2003-C33. NEXT ORDINANCE NO. 2003-O4. License Agmt L. Sutton Approved Rocha Comments Ass’t City Mgr Response Azusa Wholesale Plumbing pur 15 drinking fountains Convene CRA Reconvene Cncl Closed Sess Edison v. City Amicus Brief Rubin Arcadia v. Ca Regional Water Brd Recess Reconvened City Attny Reports Joint Public Hearing Reyes Hrg open Testimony/none Hrg cont. 4/21 Adjourn in Memory Johnny Sanchez 04/07/03 PAGE SIX