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HomeMy WebLinkAboutMinutes - November 02, 2020 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL, THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY, THE PUBLIC FINANCING AUTHORITY REGULAR MEETING MONDAY, NOVEMBER 2, 2020 – 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. This meeting was held via teleconference only. Mayor Gonzales called the meeting to order at 6:30 P.M. ROLL CALL: Roll call was taken by City Clerk Cornejo. PRESENT: COUNCILMEMBERS: GONZALES, MACIAS, ALVAREZ, AVILA, MENDEZ ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT Elected Officials: City Clerk Cornejo. Staff Members: City Manager Gonzalez, City Attorney Martinez, City Attorney Hull, Director of Economic and Community Development Marquez, Director of Administrative Services Johnson, Deputy City Manager DeAnda-Scaia, and Chief Deputy City Clerk Garcia. PUBLIC COMMENT Chris Costanzo, Costanzo Investments, LLC, addressed the Council provided an update regarding the mixed-use project located at Azusa Avenue and Ninth Street. Jason Tolleson, Serrano Development, provided an update on their partnership with Costanzo Investments, LLC. CLOSED SESSION The City Council recessed to closed session at 6:40 P.M. to discuss the following: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to California Government Code, Section 54956.8. Agency Negotiators: Sergio Gonzalez, City Manager; Matt Marquez, Director of Community & Economic Development Property Address: The parcels located at the southeast corner of Azusa Avenue and Ninth Street (APNS 8608-025-902, 8608-025-907, 8608-025-908, 8608-025-909, and 8608- 025-910 and a portion of 8608-025-914) Negotiating Parties: Chris Costanzo, Costanzo Investments, LLC Under Negotiation: Price & Terms for amendments to DDA 2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to California Government Code, Section 54956.8. City Negotiators: Sergio Gonzalez, City Manager Property Address: D Club, 975 W. Foothill Boulevard, Azusa (APN 8605-019-906 and 907) Negotiating Parties: Joyce L. Chang, Chief Executive Office, County of Los Angeles, Real Estate Division. Under Negotiation: Price and Terms of Payment Re Offer to Purchase Property 3. CONFERENCE WITH LABOR NEGOTIATORS - Pursuant to California Government Code, Section 54957.6. City Negotiator: Sergio Gonzalez, City Manager and Talika Johnson, Director of Administrative Services Organizations: PMA (Police Management Association), CAPP (Civilian Association of Police Personnel) and Unrepresented Employees. REGULAR SESSION Mayor Gonzales called the meeting to order at 7:35 P.M. The Pledge of Allegiance was led by Chief of Police Bertelsen. CITY COUNCIL ROLL CALL: Roll call was taken by City Clerk Cornejo. PRESENT: COUNCILMEMBERS: GONZALES, MACIAS, ALVAREZ, AVILA, MENDEZ ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT Elected Officials: City Clerk/Secretary Cornejo. Staff Members: City Manager Gonzalez, City Attorney Martinez, Chief of Police Bertelsen, Director of Economic and Community Development Marquez, Director of Administrative Services Johnson, Director of Public Works/City Engineer Delgadillo, Deputy City Manager DeAnda-Scaia, Director of Community Resources Carpenter, and Chief Deputy, Deputy City Clerk I Hernandez, and City Clerk Garcia. CLOSED SESSION REPORT The City Council reconvened at 7:35 P.M.; City Attorney Martinez announced the following regarding Closed Session: Item 1 – City Council heard a presentation from Staff, no reportable action, open session item E-12 is related to that item; Item 2 – City Council heard a presentation Staff regarding the next steps relating to that matter, no reportable action; Item 3 – City Council heard a presentation from its labor negotiators, there is an open session item related to one of the matters, no reportable action. PUBLIC COMMENT Jaime Rojas, National Association Tobacco Outlets, expressed opposition to the proposed Ordinance in Item D-2; provided statistics from a Healthy Kids survey of Azusa Unified School District students; stated that Azusa retailers are in full compliance with regulations; requested that the City consider a workshop for retailers and community members; and requested that further discussion take place regarding the Item. Ronnie, expressed opposition to Item D-2 stating that it would cause a loss of jobs, retailers are in compliance with the laws, and business owners are taxpayers. Louie, Azusa business owner, expressed opposition to Item D-2 stating that he is in fear of losing his job and State and Local laws are being followed. Vanessa, expressed opposition to Item D-2 stating that bans on products lessens education on those products and increases dangers. Jay, Azusa business owner, expressed opposition to Item D-2 stating that his business follows regulations, the banning of tobacco will result in youth purchasing the products online, and may also result in a loss of jobs. Mike, retailer employee, expressed opposition to Item D-2 stating that it may result in him losing his job and people over the age of 21 should have a right to smoke. Arthur, expressed his opposition to Item D-2 stating that a ban on tobacco would harm small businesses and increase unemployment. Zach, expressed his opposition to Item D-2 stating that he was against the ban on flavored tobacco and people have the right to smoke. Patricia, inquired about the reason for a ban on tobacco products in the City of Azusa stating that the money will be spent in other cities. Marlene, commented on Item D-2 stating that she is in support of small business and the revenue that the businesses bring in. REPORTS, UPDATES AND ANNOUNCEMENTS FROM STAFF/COUNCIL COVID-19 Status Update; Discussion and Direction Regarding Upcoming Meeting Schedule (Oral Report) City Manager Gonzalez provided an update on Covid-19 stating that there are 1,754 positive cases and 25 lives lost in the City of Azusa; 2,406 Covid-19 tests have been administered at the Memorial Park testing location in the last month; and 30% of the tests were administered to City of Azusa residents, and the positivity rate has decreased to 8%; and requested direction regarding the schedule of upcoming City Council meetings. PAGE TWO – 11/2/2020 In response to a question posed by the Council, City Manager Gonzalez stated that the public may be hesitant about providing in person public comment due to Covid-19; there is a need to be cautious regarding the Council being present in a closed room for an extended period of time, however it is a policy decision of the Council; safety measures are being taken during the public meetings; it is recommended that masks are worn while indoors, unless a person is speaking; and due to flu-season, it is requested that the discussion of public meetings rather than Zoom meetings be revisited. The Council directed Staff to hold Council and Utility Board meetings via Zoom for the upcoming winter/flu season months. Highway 39 Closer Procedures Chief of Police Bertelsen provided an update on Highway 39 closure procedures discussed during a meeting with legislators stating that the California Highway Patrol (CHP) is unable to put a protocol in place to close the canyon due to red flag warnings because it is a State Highway; CHP will continue working with the Azusa Police Department to find ways to address the problems that arise during busy weekends in the Azusa Canyon; the City procedures include message boards, additional signage, bike path parking lot closures, and additional officers in the area; and during long holiday weekends, the CHP deploys additional officers within the canyon which reduces the number of unsafe practices occurring. City Manger Gonzalez responded to a question posed by the Council stating that an Ad-Hoc group of legislators has been established for fire mitigation purposes; Staff is discussing, with Senator Rubio, the possibility of a request for an adjustment to the CHP budget which would allow increased staffing during high fire danger days; and also adjust the Azusa Police Department budget to include overtime costs; and the Azusa Police Department’s jurisdiction ends at the City limit. Mayor Pro-Tem Macias thanked City Staff for replacing the Maiden of the Water graphic at the southbound entrance to Azusa; requested that the bollards along the bike trail near Mountain Cove be inspected and repaired; encouraged everyone to exercise their right to vote; thanked Stan’s Bike Shop for a successful 1st Annual Canyon City Halloween Bike Ride and Costume Contest. Councilmember Alvarez provided an update on the Foothill Transit meeting that he attended stating that Foothill Transit is now collecting fares and their first double decker bus is scheduled to be delivered in November; and encouraged everyone to vote. Councilmember Avila reminded everyone to vote; thanked the Azusa Library Staff for their social media programs, specifically the Exploring Azusa Program; congratulated Nathan Nunez and the Canyon City Environmental Project for their fire mitigation work near Crystal Lake on October 25; and reminded everyone to stay safe due to Covid-19. Councilmember Mendez expressed his happiness with the Dodgers winning the World Series; encouraged everyone to vote, voting centers are open 7 a.m.-8p.m.; and ballots can be dropped off at the drop-off box in front of the library. Mayor Gonzales announced that he and Councilmember Alvarez met with the Ad-Hoc Committee, the Army Corps of Engineers, and Congresswoman Napolitano to discuss the riverbed issue. City Manager Gonzalez added that Mayor Gonzales and Councilmember Alvarez participated in the monthly meeting with the North San Gabriel River Working Group; the main goal is to mitigate riverbed dangers due to homeless encampments and fires; Congresswoman Napolitano requested an additional $5M from the Army Corps of Engineers of which $1.5M will be dedicated to the hiring of additional rangers; and the request is subject to approval from the Federal Government. Mayor Gonzales inquired and requested that the Council assist with identifying 10 families each to receive Thanksgiving Care Boxes; and encouraged everyone to exercise their right to vote. SCHEDULED ITEMS – CITY COUNCIL CONSIDERATION OF ENTERING INTO A LICENSE AND REIMBURSEMENT AGREEMENT WITH THE MOUNTAIN COVE COMMUNITY ASSOCIATION AND AUTHORIZE CITY MANAGER AND CITY ENGINEER TO PROCURE MATERIALS/ENTER INTO A CONSTRUCTION AGREEMENT TO IMPLEMENT MITIGATION EFFORTS Director of Public Works/City Engineer Delgadillo presented the Staff Report stating that the USDA/NRCS has approved the City’s design; the agreement can be fully executed as early as next week which would allow the City to proceed with the procurement and placement of the mitigation measures; and provided information regarding Staff recommendations. In response to a question posed by the Council, Director of Public Works/City Engineer described the mitigation measures and the process for implementing them; and provided information regarding the source of the funding. PAGE THREE – 11/2/2020 Moved by Councilmember Mendez, seconded by Councilmember Avila and carried by the unanimous vote of the Council to authorize the City Manager to enter into a license and reimbursement agreement with the Mountain Cove Community Association in a form acceptable to the City Attorney; and authorize the City Manager and City Engineer to procure materials/enter into a construction agreement as needed to implement mitigation efforts recommended by the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS). AYES: COUNCILMEMBERS: GONZALES, MACIAS, ALVAREZ, AVILA, MENDEZ NOES: COUNCILMEMBERS: NONE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE CITY OF AZUSA, CALIFORNIA, ADDING ARTICLE XXIV TO ARTICLE 18 AZUSA MUNICPAL CODE, IMPOSING BUSINESS REGULATIONS ON TOBACCO RETAIL OUTLETS Director of Economic and Community Development Marquez presented the Item stating that at the direction of the Council, Staff prepared an Ordinance regarding business regulations of tobacco retail outlets which are currently categorized as general retail use in the Municipal Code; and this Ordinance is phase one of a two phase approach, with phase two being the zoning elements which will be reviewed by the Planning Commission at the end of the month. An overview of the business regulations and Ordinance was provided. He added that Senate Bill 793, which was signed by the Governor, bans the selling of flavored tobacco effective January 1, 2021. City Attorney Martinez provided information regarding Senate Bill 793 and how it compares to the Proposed Ordinance. Extensive discussion ensued regarding the components and intent of the Proposed Ordinance, Senate Bill 793, enforcement, fees, and zoning. The Council directed Staff with how to proceed with the Zoning Ordinance. Moved by Councilmember Mendez, seconded by Councilmember Avila and carried by the unanimous vote of the Council to table the Item and direct Staff to incorporate some of the elements into the zoning ordinance. AYES: COUNCILMEMBERS: GONZALES, MACIAS, ALVAREZ, AVILA, MENDEZ NOES: COUNCILMEMBERS: NONE CONSENT CALENDAR: Moved by Councilmember Alvarez, seconded by Mayor Pro-Tem Macias and carried by unanimous vote of the Council, to approve Consent Calendar Items E-1 to E-12. AYES: COUNCILMEMBERS: GONZALES, MACIAS, ALVAREZ, AVILA, MENDEZ NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 1. The minutes of the Regular Meeting of October 19, 2020 were approved as written. 2. Resolution No. 2020-C66 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 Human Resources Action Items, in accordance with the City of Azusa Civil Service Rules Section 5.75 and applicable Memorandum of Understanding(s), were approved as follows: New Appointment: D. Aguilar. 4. A Domestic Internship Affiliation Agreement with Claremont Graduate University to provide Public Health Interns for All in Azusa was approved; and the City Manager was authorized to execute an Agreement with Claremont Graduate University on behalf of the City. 5. A Professional Services Agreement with Coachman Moore & Associates for All in for Azusa Project Management Services, in an amount not to exceed $32,000 was approved; and the City Manager was authorized to execute an Agreement with Coachman Moore & Associates on behalf of the City. 6. Resolution No. 2020-C67 was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE UPDATED TITILE VI PROGRAM approving the updated City of Azusa Title VI Program, a requirement to comply with the Civil Rights Act of 1964 for all agencies receiving Federal Transit Administration grant funds. PAGE FOUR – 11/2/2020 7. The Crisis Collection Grant award from Southern California Library Cooperative was accepted; necessary budget amendments were approved; and the current fiscal year budget will be adjusted accordingly. 8. The Amended and Restated Memorandum of Understanding between the City of Azusa and the Civilian Association of Police Personnel (CAAP) was approved. 9. The issuance of a purchase order to ERMCO in an amount of $75,348.16 for the purchase of Pad-mounted and Pole- mounted Transformers was approved. 10. A construction contract in the amount of $127,677, which includes 10% for contingency for potential change orders as needed, was awarded to Kalban Inc. for the Community Development Block Grant (CDBG) Sidewalk and ADA Improvement Project No. 602093-19, locations Cerritos Avenue between Hanks Street to Duell Street, and First Street from Pasadena Avenue to Rodecker Drive; and the City Manager was authorized to execute a contract on behalf of the City. 11. Staff was authorized to release a request for qualifications for on-call appraisal services from qualified firms subject to non-substantive changes. 12. An Assignment and Assumption Agreement conveying Costanzo Investment’s interest in the Disposition and Development Agreement (DDA) to The Avenue Azusa, LLC was approved by the City Council; and the Fourth Amendment to the DDA was approved in substantially final form; the Successor Agency approved an Assignment and Assumption Agreement conveying Costanzo Investments interest in the Purchase and Sale Agreement to The Avenue Azusa, LLC in substantially final form; and the City Manager was authorized to execute the agreements and to take any additional actions necessary to conclude the transactions provided there is no additional cost to the City or the Successor Agency. It was the consensus of the Council to adjourn the meeting. TIME OF ADJOURNMENT: 9:01 P.M. __________________________________________ CITY CLERK NEXT RESOLUTION NO. 2020-C68 (City) NEXT ORDINANCE NO. 2020-09 NEXT RESOLUTION NO. 2020-R15 (Former Redevelopment Agency) NEXT MEETINGS: November 16, 2020 and December 7, 2020. 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