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HomeMy WebLinkAboutMinutes - May 17, 1999 - CC (2)CITY OF AZUSA MINU'T'ES OF THE CITY COUNCIL REGULAR MEETING MONDAY, MAY 17, 1999 - 7:30 P.M. The City Council of the City of Azusa met in regular session at the above date and time in the Civic Auditorium. Mayor Madrid called the meeting to order and led in the Salute to the Flag. INVOCATION was given by Mr. Hank Bode of Azusa Pacific University ROLL CALL PRESENT: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ALSO PRESENT: HARDISON, STANFORD, ROCHA, BEEBE, MADRID NONE City Attorney Carvalho, City Manager Cole, Chief of Police Broderick, Utilities Director Hsu, Emergency Services Coordinator Bruno, Senior Services Manager Crawford, Community Development Director Bruckner, Acting Director of Finance, Planning Secretary Rocha, Economic/Redevelopment Director Andrews, Superintendent of Public Works Pedroza, Children's Librarian Stewart, Library Clerk Mingle, City Clerk Solis, Deputy City Clerk Toscano. CEREMONIAL Call to Order Invocation Roll Call Also Present Ceremonial The entire Council presented a proclamation to Ms. Lurece Hunter, honoring her for her Proc to Ms. many years of service to the City of Azusa. Mr. Jesse Carlos, representative of Lurece Hunter Congressman Matthew Martinez Office, presented Ms. Hunter with a Certificate of Recognition in honor of her work to the community. The entire Council presented a proclamation to Utilities Director Joe Hsu, proclaiming Proc to J. Hsu the month of May as Water Awareness Month in the City of Azusa. Mr. Hsu stated that Water Awareness water is a limited resource and asked all to use water wisely. Week Mr. Rick Graham, President of the Azusa Educators Association, in honor of Day of the AEA check to Teacher, presented a check in the amount of $500 to Children's Librarian Stewart and City Library Library Clerk Mingle. The entire Council, Chief of Police Broderick, and Emergency Services Coordinator Cert of Apprec. Bruno presented a Certificate of Appreciation and gifts to Mr. Gene Dickey of the G. Dickey of Reichhold Company for their generous donation of four Self -Contained Breathing Reichhold Co. Apparatus and two extra air tanks, to the Azusa Police Department for use when responding to drug lab incidents and other incidents of that nature. 'Ms. Natalie Camacho and students of the Academy of the Arts of Azusa High school N. Camacho presented a "sampling" of "The Lion, the Witch, and the Wardrobe", and invited all to AHS attend the performance at Azusa High school on May 25, 1999, through May 29, 1999. Drama PUBLIC PARTICIPATION Public Part. Ms. Lurece Hunter introduced the following persons who will take over her duties after L. Hunter she leaves the City of Azusa: Allen Olsen - Sister City, Audrey Lohr - Golden Days comments Chair, Linda Bean and Lorraine Somes - Miss Azusa, and the following volunteers: Lana Grizzell, Joe Guarrera, Deb Sandlin, Ron Lohr, Rosemary Salce, Sandy Franks, and Chief of Police Broderick. Ms. Suzanne Avila, Karen Fortus, Jeffrey Cornejo, Vera Mendoza, and "Woodsey", S. Avila, J. addressed Council and invited all to attend the "Think River" celebration in honor of Cornejo, & National Trails Day, on Saturday June 5, 1999, from 10:00 a.m. to 4:00 p.m. at Lario Woodsey Park, east side of the San Gabriel River, along the bike path in Azusa. The stated that Think River there will be informational booths, educations programs, historical displays, and Celebration refreshments for all. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Cncl/Staff City Manager Cole requested direction from Council regarding non-profit fee waivers. City Manager Councilmembers responded stating that they would like to see the following factors comments included when creating criteria for fee waivers: fairness and consistency across the board, value of the community, history, need, and amount of money to be waived be capped. Councilmember Rocha invited all to the monthly clean up on Saturday, June 5, 1999; he announced that Memorial Day Services will begin at the City Hall Memorial at 1 p.m. on Memorial Day and requested all to keep in prayers, Sal Martinez who has cancer. Councilmember Beebe thanked all who participated in National Day of Prayer, all who participated in,the Walk for Life, cancer walk; announced the Azusa Youth Program (AYP) Bar-b-que, to be held on Saturday, June 5, 1999, at the Azusa Woman's Club at 5 p.m. and stated that she would like to participate in the Sub -Committee on the Purchasing Policy Review; she and Councilmember Stanford will be part of the Sub - Committee. She requested that only one set of plans for Planning projects be required and placed in the Planning Department for review instead of sending to each Council member; Councilmembers Hardison and Madrid advised that they would like to continue receiving plans. 'Councihnember Stanford reflected on the many events that have been taking place in the City, such as, the visit by the State Librarian, ground breaking at APU, Senior Walk, and the 24 hour Walk for Life. He requested that a proclamation be prepared for Mrs. Raquel Ovando Plancensia Poe for receiving her citizenship as a ceremony will be taking place at Azusa Pacific University in her honor. Lastly, he thanked Jennifer Erdmann for her.great work for the City as a news paper reporter and wished her well as she is being promoted and, also, she is getting married soon. SCHEDULED ITEMS Rocha comments Beebe comments Stanford comments PUBLIC HEARING - to consider and adopt a Resolution approving Appropriation Pub Hrg Amendments for fiscal year 1998-99. Budget Transfers The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of Hrg open publication of notice of said hearing published in the Azusa Herald on May 6, 1999. City Manager detailed the main budget transfer which was a 6.5 million dollar amount City Mgr for participation in Deregulation, purchasing power and/or participating in agreements; comments he stated that the goal is to make money through buying and selling power. He then Hrg Closed answered questions posed by Councilmembers regarding specific line items. It was 'consensus of Councilmembers to close the Hearing. Councilmember Stanford offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING Res. 99-C63 APPROPRIATION AMENDMENTS FOR FISCAL YEAR 1998-99 PURSUANT TO Appropriation SECTION 2-450 OF THE AZUSA MUNICIPAL CODE. Amendments Moved by Councilmember Stanford, seconded by Rocha to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: 05/17/99 PAGE TWO PUBLIC HEARING -on Code Amendment No. 211, revising and updating Article XII Pub Hrg of Title 88 of the Azusa Municipal Code, "Surface Mining and Reclamation." Code Amend 211 The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of Hrg open publication of notice of said hearing published in the Azusa Herald on May 6, 1999. Community Development Director Bruckner addressed the issue stating that the Code Com Dev Dir Amendment revises Surface Mining and Reclamation Chapter of the Azusa Municipal comments Code. The State has made many changes and is urging the City to amend its local ordinance to conform with the newly revised law and the purpose is to regulate surface mining operations within the city and to exercise local control over the reclamation activities of local mines. The City would retain lead agency authority if it adopts an ordinance that is consistent with State Law. He summarized the changes as follows: adding objectives relating to aesthetics and recreation uses, adding clarifying language in several aspects of the Chapter, adding several definitions, adding requirements for new mining operations, includes greater detail for the types of financial insurances requires for reclamation, adds specific findings of fact to be adopted by the State Mining Board of Geology as well as the City in addition to any Conditional Use Permits and it requires inter -management plan for those facilities that would close down or remain idle. He then answered questions by Councilmembers regarding existing mining operations, updated plans and control over changing them, Legislation regarding degraded mining operations when they become idle, abandoned pits, maximum depth, and expansion of the aesthetics. Motion was made to close the Public Hearing, but, was rescinded. It was consensus of Public Hearing Councilmembers to continue the Public Hearing to the meeting of June 7, 1999, in order continued to 6/7 to look into the possibility of expanding the language of the revising and updating of the Council meeting Surface Mining and Reclamation section of the Code. Councilmember Hardison offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING 1" Rdg Ord THE ZONING ORDINANCE (TITLE 88 OF THE AZUSA MUNICIPAL CODE) Code Amend ARTICLE XII, SURFACE MINING AND RECLAMATION, UPDATING AND #211, Surface REVISING THIS ARTICLE IN COMPLIANCE WITH THE DEPARTMENTS OF Mining & CONSERVATION, STATE MINING AND GEOLOGY BOARD, SURFACE MINING Reclamation AND RECLAMATION ACT, CODE AMENDMENT NO. 211. Moved by Councilmember Hardison, seconded by Councilmember Beebe and unanimously carried by roll call to waive further reading and introduce the Ordinance. PUBLIC HEARING - on Code Amendment No. 212, relating to zoning districts and Pub Hrg allowable land uses adding Division 13, "Golf Course Overlay Zone," establishing Proposed Golf development standards and processing requirements to protect land uses adjacent to the Course Overlay Azusa Greens Golf Course. Zone. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of Hrg open. publication of notice of said hearing published in the Azusa Herald on May 6, 1999. Community Development Director Bruckner addressed the issue stating that this is a Com Dev Dir result of a moratorium relating to golf balls and future developments in the area. The comments proposed ordinance will establish an overlay, site analysis, mitigation measures that would be established for errant golf balls. The ordinance would establish an overlay with corresponding requirements. He stated that it has not yet been established what properties are subject to this overlay zone and that this is a measure to protect future properties from errant golf balls; he described the properties in the area. He agreed with comments that this would not affect existing properties currently experiencing errant golf balls. He then answered questions posed by Councilmembers regarding regulations to define areas. 05/17/99 PAGE THREE 1 1 Mr. Glen Watson, Attorney for Mr. Johnny Johnson, owner of the Azusa Greens Golf Course, addressed the Hearing expressing concern, stating that there be further study of the ordinance. He stated that they have been negotiating in good faith with the Homeowners Association, and voiced concerns that some actions regarding this issue were taken without their knowledge. He requested that the proposed ordinance be continued or if it is adopted, that the property that Mr. Johnson is proposing to build on be exempt from the proposed overlay zone. Mr. Tony Naranjo, representing General Development, the potential developer with the Johnny Johnson Trust, echoed Johnny Johnson owner of the Azusa Greens Golf Course, stating that he would like to go on record opposing the proposed Golf Course Overlay Zone Ordinance. He expressed concern of late notifications/communications regarding issue relating to the Golf Course and stated that he would like an opportunity to be involved in the process. He advised that Mr. Johnson's address is as follows: 919 West Sierra Madre, Azusa, 91702, for future correspondence. G. Watson, Atty for J. Johnson comments T. Naranjo rep. General Development comments Discussion was held between Councilmembers, Staff and Mr. Naranjo regarding the Discussion issues surrounding the Golf Course and the need for a global solution. Moved by Councilmember Beebe, seconded by Councilmember Rocha to close Public Hrg Closed Hearing. Moved by Councilmember Beebe, seconded by Councilmember Hardison and Pub Hrg unanimously carried to continue the Public Hearing until the areas of the Overlay Zone continued until are defined and a global solution is reached. If the issue goes beyond sixty days, Council issues resolved requested that they be updated on the matter. The proposed ordinance was deferred. PUBLIC HEARING - to receive testimony regarding the Azusa Landscaping and Pub Hrg Lighting Assessment District No. 1, Levy of Assessments for Fiscal Year 1999-00. Assessment Fees The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of Hrg open publication of notice of said hearing published in the Azusa Herald on May 6, 1999. City Manager Cole advised that there is no increase in Azusa Landscaping and Lighting City Mgr Assessments. comments Moved by Councilmember Beebe, seconded by Councilmember Rocha and unanimously Hrg Closed carried to close the Hearing. Councilmember Beebe offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, CONFIRMING THE ENGINEER'S REPORT, DIAGRAM AND ASSESSMENT FOR THE 1999-00 FISCAL YEAR IN CONNECTION WITH "CITY OF AZUSA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. i (COMMUNITY MAINTENANCE FEE)" PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. Moved by Councilmember Beebe, seconded by Councilmember Stanford to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID NOES: COUNCILMEM 3ERS: NONE ABSENT: COUNCILMEMBERS: NONE 05/17/99 PAGE FOUR Res. 99-C64 Confirming Engr Rpt Assessment Fees .t The CONSENT CALENDAR consisting of Items IV -A through IV -N, was approved by Consent Cal. motion of Councilmember Stanford, seconded by Councilmember Rocha and Approved items unanimously carried, with the exception of items IV -F, H, K, L, & M, which were IV -F, H, K, L, & considered under the Special Call portion of the Agenda. M, Spec Call A. The Minutes of the regular meeting of May 3, 1999, and the adjourned regular and Minutes approved Special meetings of April 26, April 5, 1999, and December 14, and December 9, 1998, were approved as written. ' B. Contract for Street Improvements 98-99, Various Locations, was awarded to All St Improvements American Asphalt, low bidder, in the amount of $286,669, and the Mayor was 98-99, All authorized to execute the Agreement. American Asphalt C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, Res. 99-C65 CALIFORNIA, CERTIFYING EL NINO STORM DAMAGE AND Rehab of local REHABILITATION OF LOCAL STREETS AND ROAD SYSTEMS IN THE streets, El Nino CITY OF AZUSA. D. The Resource Management Agreement between the City of Azusa and Salt River Resources Mgmt Project was approved, further, the Director of Utilities or his designee was Agmt w/Salt delegated the authority to implement the operational aspect of the Agreement. River E. The contract for Replacement of Play Structure at Head Start was awarded to Dave Replace Head Bang Associates in the amount of $19,185.15, and the Mayor was authorized to Start Play Struc. sign the Agreement. Dave Bang F. SPECIAL CALL ITEM. Spec Call G. Human Resources Action Items were approved as follows: Human Resource Merit Increases: E. Grijalva. Action Items Separations: K. Morningstar, Information Systems Administrator, effective April 6, 1999. H. SPECIAL CALL ITEM. Spec Call I. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, Res. 99-C66 ENTERING INTO AND AUTHORIZING THE MAYOR TO SIGN THE General Services GENERAL SERVICES AGREEMENT BETWEEN THE CITY OF AZUSA AND Agmt w/LA Co. THE COUNTY OF LOS ANGELES. J. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 99-C67 WAIVING FORMAL SEALED BIDDING AND AWARDING THE PURCHASE Upgrade Lib OF UPGRADED HARDWARE AND SOFTWARE FOR THE LIBRARY TO System Inlex/ INLEX/DATA RESEARCH AND ASSOCIATES. Data Research K. SPECIAL CALL ITEM. Spec Call L. SPECIAL CALL ITEM. Spec Call M. SPECIAL CALL ITEM. Spec Call N. Two separate resolutions authorizing payment of warrants by the City were adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. Nos. 99-C68 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE & 69. FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Warrants 05/17/99 PAGE FIVE SPECIAL CALL ITEMS Special Call Items Councilmember Rocha addressed item regarding Budget Transfer for Wackenhut Jail Rocha comments Services, questions what will happen to the jailer that does not get hired before the re: status Jailer transition date of July 1, 1999. Chief of Police Broderick responded stating that the jailer would be laid off. Discussion Budget Transfer was held. Moved by Councilmember Beebe, seconded by Councilmember Stanford and Jail Svs to unanimously carried to authorize budget transfer of $51,000 to pay for jailer services Wackenhut Corp. provided by Wackenhut Corporation until the end of this fiscal year. Councilmember Rocha addressed item regarding bid packet for on-site cooking for Senior Rocha comments Meal Program stating that he applauds the stringent measures to protect the Senior re: Street Citizens in the meal storage and yet there are no precautions where street vendors are Vendors concerned. He requested that Code Enforcement be increased to weekends in order to protect the public from unsanitary conditions. Moved Councilmember Beebe, seconded by Councilmember Stanford and unanimously Bid Packet for carried to approve the bid packet for On -Site Cooking for Senior Meal Program, allowing On -Site Cooking implementation of the open bid procedure to secure meals for fiscal year 1999-2000. @ Sr Center Councilmember Hardison addressed proposed Notice of Completion for the Azusa Hardison Avenue Improvements by Pima Corporation. He expressed concern regarding the project concerns re: stating that it is not complete and should not receive final payment for the project. He Notice of Comp. stated that there is a construction site that needs to be vacated, there is uncertainty of Pima Corp. whether the light bollards are adequate, the lighting sequence of the street lights are not Azusa Avenue adequate, he stated that he thinks the project needs to be complete before the approve the Improvements Notice of Completion. Moved by Councilmember Hardison, seconded by Councilmember Beebe to not adopt Motion not the Notice of Completion for the project, withhold any amount of payment until the approve until project is complete and the property at 5 ° and Azusa cleaned up. complete Councilmember Rocha addressed item regarding the Consulting Agreement with Rocha re: Environmental Impact Sciences for preparation of EIR for the Mountain Cove Consulting Agmt Development, asking who would pay for the extra work if needed. w/EIS Community Development Director Bruckner responded stating that the applicant will pay Com Dev Dir for any extra work. response City Attorney Carvalho responded stating that there will be a Reimbursement Agreement City Attorney with the applicant that is forthcoming regarding this project which will insure response reimbursement of Consultant time, legal time, staff time, and contains a contingency for excess payments. Moved by Councilmember Beebe, seconded by Mayor Madrid and carried by roll call Agmt with to approve the Consultant Services Agreement between the City of Azusa and Environmental Environmental Impact Sciences in order to commence the environmental review required Impact Sciences for the Mountain Cove Planned Residential Development Proposal. Councilmember approved Stanford dissenting. Councilmember Beebe addressed bid award for the Senior Center Re -Roof Project, Beebe re: noting that there have been problems in the past with Blue Sky Roofing, Inc. and asked Senior Center what reassurance that the same issue does not occur and/or what mechanism is in place re -roof bid award to flag past problems. City Manager Cole responded that he would check with the League of California Cities City Mgr to see if such a process exists or the City can create a process to deal with projects that comments have had problems in the past. Discussion was held regarding options. 05/17/99 PAGE SIX Councilmember Beebe requested that in the future she would like to make sure that both Beebe the contractor and City know what the requirements are, when inspections are required comments and that both exercise due diligence in making sure it is followed up completely. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Convene CRA CONVENED AT 9:42 P.M. Cncl Recess THE CITY COUNCIL RECONVENED AT 9:43 P.M. Cncl reconvened THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED Cncl/CRA JOINTLY TO RECESS TO CLOSED SESSION TO DISCUSS THE FOLLOWING: convene jointly CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code Sec 54956.8)w Property Owner: City of Azusa Redevelopment Agency Address: 575-647 E. Foothill Blvd, Azusa, Ca. 91702 Negotiators: City Manager Cole, Community Development Director, and Redevelopment/Economic Development Director Andrews. Under Negotiation: Price and Terms of sale. Councilmember/Director Stanford advised that he would not participate in the Closed Stanford Session due to a possible conflict of interest, as his wife is employed by Azusa Pacific abstained from University. Closed Sess RECESS: 9:44 P.M. I RECONVENED: 10:20 P.M. Recess Reconvened City Attorney/General Counsel Carvalho advised that there was no reportable action City Atty/Gen taken in Closed Session. Cncl no reports It was consensus of the Redevelopment Agency Boardmembers to adjourn at 10:21 p.m. CRA adjourn It was consensus of the City Councilmembers to adjourn to Monday, May 24, 1999, at Adjourn to 6:30 p.m., in the Civic Auditorium to conduct a workshop on Solid Waste and a 5/24/99 workshop on Potential Sources of Revenue. Workshop Solid Waste & Revenue Sources TIME OF ADJOURNMENT: 10:22 P.M. I NEXT RESOLUTION NO. 99-C70. NEXT ORDINANCE NO.99-010. 05/17/99 PAGE SEVEN