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HomeMy WebLinkAboutMinutes - October 18, 1999 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 18, 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. Call to Order INVOCATION was given by Reverend Michael Paul of the Prevailing Word Ministry. Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Cole, Interim Chief of Police Garcia, Community Development Director Bruckner, Associate Director of Recreation and Parks Jacobs, Associate Director of Recreation and Parks Noriega, Economic/Redevelopment Director Andrews, Personnel Analyst Wallace, City Clerk Solis, Deputy City Clerk Toscano. CEREMONIAL Ceremonial Associate Director of Recreation and Parks Noriega and members of the Azusa Dolfins Azusa Dolfms Swim Team presented a check in the amount of $1,800.00, raised by the children by a present check holding a swim-a-thon fundraiser. The check is to help support the operation of the to City team. Mr. Noriega provided an update on the success of their summer program. The entire Council presented a proclamation to Ms. Lil Sass, Outreach Manager, of Proc Domestic YWCA -WINGS, proclaiming the month of October as Domestic Violence Awareness Violence Aware Month in the City of Azusa. PUBLIC PARTICIPATION Pub Part Mr. Jorge Chavarin provided an update on the fund raisers for his son Dylan, who is in J. Chavarin need of a liver transplant. He thanked all involved in fund raising efforts. All Dylan contributions could be sent to COTA, P.O. Box 3056, 91722. Fundraisers Mr. Edwardo Ozeta, representative of Congressman Matthew Martinez' office, addressed E. Ozeta Council providing information regarding grants for Police and Library Departments. comments 'Mr. Art Morales addressed Council expressing his opinion regarding the sale of the A. Morales Krems property to Azusa Pacific University. comments Ms. Pamela Gomez, representative of Senator Hilda Solis' office, addressed Council P. Gomez thanking all for their help regarding the Conservancy Bill and presented a copy of the comments resolution regarding Domestic Violence Awareness Month, signed by Senator Solis. She then answered questions posed by Councilmembers regarding the re -opening of the Domestic Violence Court Room. REPORTS. UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Reports/updates Associate Director of Recreation and Parks Jacobs addressed Council providing an Update on update on the Haunted House, which is being held at the Foothill Shopping Center this Haunted House year, and advised that on Halloween night there will be family activities in front of City Hall, such as game booths, costume contests, candy, etc. ftoiscussion was held between Councilmembers and City Manager Cole regarding steps Dis re: selection be taken to begin the process of selecting a permanent Chief of Police. of a permanent ouncilmembers suggested that City Manager Cole bring back a method on how to COP include citizens groups, police department representation and youth in the selection process. It was consensus of Council that they as well as the City Manager solicit key groups, stake holders as well as individual citizens to submit their input through written comments. Interim Chief of Police Garcia addressed Council and audience, providing information Info re: Citizens on the Citizens Academy, which is a chance for the community to see how the Police Academy Department operates in order to meet the needs of the community. He stated that the Academy is open to all adults over 18 years that live or work in Azusa, with no felony convictions and have a valid drivers license. The classes will consist of 25 people, and will run for 11 weeks beginning December 1, 1999, on Wednesday evenings from 6:00 p.m.- 9:00 p.m.; all materials will be provided and there will be two Academys a year. Councilmember Stanford announced the Library book sale on Saturday, October 23, Stanford 1999, from 9:00 a.m. to 2:30 p.m. He congratulated the Planning Commission for comments recently denying a liquor license and warned of the sale of antihistamines, requesting that staff to look into an ordinance that would restrict the amount of sales per person as it contributes to the manufacturing of the drug known as speed. He then shared some 'thoughts regarding his 40' class reunion and members of the Supreme Court who were in attendance. Councilmember Rocha invited all to the Veterans Day Memorial Service to be held in Rocha front of City Hall on Thursday, November 11, 1999; at noon there will be dedication of comments Walk of Freedom blocks to Azusa Veterans who served in the armed forces and at 1:00 p.m. there will be the dedication ceremony of Monument of Azusans killed in action in WWII, the Korean War and the Viet Nam War. There is a need to find surviving family members for the following: WWII - Johnny Falcon, Arthur Hermosillo, Frank Navarette, Gabriel Noriega, Charlie Von Blan, Korea - Arthur G. Cisneros, Billy G. Regean, Freddie Valenzuela, Viet Nam - Robert Gene Cooper, Ronny Leroy Palmer, Fred Louis Peterson, William Ervin Peterson, Trinidad Gutierrez Pierto, Frank Gonzales Romo, and Johnny Luwash. He provided an update on Day Labor issue and Shopping Cart issue. Anyone with information can call 812-5271, City Clerk's Office. Mayor Madrid thanked all who participated in Azusa Golden Days events, reminded all Madrid about the Library book sale on Saturday, October 23, 1999 and invited all to visit the comments Haunted House during the Halloween season. SCHEDULED ITEMS Sched Items ,THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED Cncl/CRA JOINTLY TO CONDUCT THE FOLLOWING: convene jointly JOINT PUBLIC HEARING - to consider the approval of a Disposition and Jnt Pub Hrg Development Agreement between the Agency and Azusa Pacific University which APU DDA provides for the sale of certain real property located at 575-647 E. Foothill Boulevard. Councilmember/Director Stanford left the dais and abstained from participation in the Stanford Public Hearing due to a Conflict of Interest: a source of income from APU. abstained 11/01/99 PAGE TWO Redevelopment Director Andrews addressed the Public Hearing, providing a brief Dir CRA history on the property, site characteristics, Agency acquisition, Market Value Appraisal, comments Reuse Analysis and Appraisal/Section 33433 Valuation Report, Purpose of the Disposition and Development Agreement, Conveyance of the Property and Scope of Development/Schedule of Performance. He noted major points of the DDA as follows: Azusa Pacific University will pay a purchase price of $4,924,710.00 for the property. At the close of escrow, APU will pay to the Agency the sum of $2,462,355, which the City will use for repayment of the promissory note with Mr. Nathan Krems. The balance of the Purchase Price will be paid by way of a promissory note between the City and APU at an interest rate of 5 % for a period of ten years, semi-annual payments, with the first payment due six months following the close of escrow. Phase I will include a parking lot, perimeter and interior landscaping, lighting, signage and perimeter fencing and a new softball field with related facilities. Phase H will include a new baseball field/athletic facility and related site improvements and Phase III will include a new student residential complex/academic building and professional. building. APU covenant that it will grant the City an exclusive right to supply power for a period of up to 6 years from the effective date of the agreement. Prior to the close of escrow, APU will submit and obtain approval from the Planning Commission and City Council of a Specific Plan (with required environmental determination pursuant to CEQA) for the three phase expansion of campus facilities consistent with those improvements described in the Scope of Development as included in the DDA. He stated that this is a viable use for the property eliminating a significant blighting influence on Azusa's Downtown area and its increased presence of university -related activities will have a positive impact on commercial areas. He then responded to specific concerns in the DDA submitted by Marianne B. Miasnik, as follows: 3.9 Taxes and Assessments, 4.1 Obligations Regarding Scope of Development, 4.18.3 Maintenance Covenant, and Reuse Valuation Report. There was a change in language regarding 3.9 Taxes and Assessments, to address Ms. Miasnik's concerns. He then answered questions posed by Councilmembers. 'Mr. Art Morales addressed the Hearing stating that the property had potential of A. Morales $350,000 to the treasury in Azusa, property tax increment is zero, there is no utility tax, comments utility obligation is for only six years, the contract is poor, the interest rate is too low, and CRA is putting up $360,000 in lights, sidewalks, etc. Mr. Greg Aherns addressed the Hearing stating that the project has changed since first G. Aherns presented, there should be a higher interest rate, that there is a need for a longer comments commitment with regards to the obligation to purchase power from the City. Mr. Cliff Hamlow, representative of Azusa Pacific University, addressed the Hearing C. Hamlow requesting that they be allowed to continue to develop the property, that they are paying comments a good price and bring a great deal to the City, as well as pay their share of tax and help with grants. He then answered questions posed by Councilmembers. Discussion was held between Councilmembers and staff regarding the process of the Discussion Specific Plan and other areas of the Disposition & Development Agreement. Moved by Councilmember Beebe, seconded by Councilmember Rocha and unanimously Hrg Closed carried to close the Public Hearing. 'Councilmember Hardison offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, Res. 99-C134 CALIFORNIA, APPROVING THE SALE OF CERTAIN REAL PROPERTY AND Appvg DDA CONSENTING TO THE AZUSA REDEVELOPMENT AGENCY'S PAYMENT FOR APU for CERTAIN PUBLIC IMPROVEMENTS (PURSUANT TO CALIFORNIA HEALTH Krems prop. AND SAFETY CODE SECTIONS 33421.1, 33433 AND 33445) IN CONJUNCTION WITH THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND AZUSA PACIFIC UNIVERSITY. 10/18/99 PAGE THREE Moved by Councilmember Hardison, seconded by Councilmember Beebe to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, ROCHA, BEEBE NOES: COUNCILMEMBERS: MADRID ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: STANFORD Director Hardison offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND AZUSA PACIFIC UNIVERSITY. Moved by Director Hardison, seconded by Director Beebe to waive further reading and adopt. Resolution passed and adopted by the following vote of the Directors: AYES: DIRECTORS: HARDISON, ROCHA, BEEBE NOES: DIRECTORS: MADRID ABSENT: DIRECTORS: NONE ABSTAIN: DIRECTORS: STANFORD Councilmember/Director Stanford returned to the dais. Res. 99-R43 Appvg DDA w/ APU for Krems prop. Stanford rtn THE REDEVELOPMENT AGENCY ADJOURNED AND THE CITY COUNCIL CRA adjourn CONTINUED AT 9:46 P.M. 'The CONSENT CALENDAR consisting of Items V-A through V -J, were approved by Consent Cal motion of Councilmember Stanford, seconded by Councilmember Rocha and Approved unanimously carried, with the exception of items V -D, V -I, and V -G, which were considered under the Special Call portion of the Agenda. Item V -F was removed from the Agenda. A. The Minutes of the regular meeting of October 4, 1999, were approved as written. Min approved B. Specifications for a mid-size sedan for the Light & Water Department were Specs L&W approved and the City Clerk was authorized to advertise for bids. vehicle C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 99-C135 SUPPORTING THE HEALTHY CITIES/COMMUNITIES CONCEPT AND Support Healthy INDICATING THE INTENT TO PARTICIPATE IN THE PROJECT. Cities Concept D. SPECIAL CALL ITEM. Spec Call E. Approval was given use Azusa Avenue between Foothill Blvd. and Santa Fe St. for 1" Annual the 1" Annual Azusa Winter Family Fiesta, to be held on Saturday, December 4, Azusa Winter 1999; and to waive the $15.00 business license fee for both crafters and food Family Fest vendors. approved F. REMOVED FROM AGENDA. (Specifications for Wheelchair Ramp Removed from Construction) Agenda G. SPECIAL CALL ITEM. Spec Call H. Human Resources Action Items were approved as follows: Human Res. Merit Increases and/or regular appointment recommendations: E. Solano, and Action Items J. Jarrett. 10/18/99 PAGE FOUR I. SPECIAL CALL ITEM. Spec Call J. Resolution authorizing payment of warrants by the City was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 99-C137 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE Warrants FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. SPECIAL CALL ITEMS Councilmember Beebe addressed item regarding the contract for the WEB Site Design. Beebe She expressed concern regarding the need to finish one project, such as Bitech, before comments beginning another. She stressed the importance of staff priorities in new technology and getting things done with a degree of excellence, and of allowing proper training for staff and setting certain standards. Moved by Councilmember Stanford, seconded by Mayor Madrid and carried to award Agmt WEB Site the contract for WEB Site Design, Development, Hosting and Maintenance, to Ernst & Ernst & Allen Allen, Inc., low bidder, in the amount not to exceed $40,000, and the City Manager was Inc. authorized to execute. Councilmember Beebe dissenting. Councilmember Beebe addressed item regarding resolution amending the non -represented Beebe classified employees compensation and benefits memorandum, questioning the need for comments it. City Manager Cole responded stating that the person in the position of Engineering Technician is requesting to be represented by ACEA. Councilmember Stanford offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING Res. 99-C136 THE NON -REPRESENTED CLASSIFIED EMPLOYEES COMPENSATION AND Engr Tech/ Rep BENEFITS MEMORANDUM AND RECOGNIZING THE AZUSA CITY by ACEA EMPLOYEES ASSOCIATION AS THE LEGAL REPRESENTATIVE OF THE CLASSIFICATION OF ENGINEERING TECHNICIAN. Moved by Councilmember Stanford, seconded by Mayor Madrid to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS HARDISON, STANFORD, ROCHA, BEEBE, MADRID NONE NONE Mayor Madrid posed questions on the Energy & Credit Risk Management Policy, Mayor Madrid specifically, regarding Establishment of Consistent Reporting and Monitoring comments Procedures. Utilities Director responded to all concerns raised. Moved by Councilmember Stanford, seconded by Mayor Madrid and unanimously Energy & Credit carried to adopt the process described in the Risk Policy and direct staff to implement it Risk Mgmt Policy upon adoption. approved ' It was consensus of Council to recess to Closed Session to discuss the following: Closed Session CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. 54956.9 (a)). Johnson v. City of Azusa, Case No. Los Angeles Superior Court #BC 1924900. 10/18/99 PAGE FIVE B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov Code Sec. 54956.9 (a)l. Donna Jeanne Anderson v. City of Azusa, et al. Case Number: Los Angeles County Superior Court #KC 030605. C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Gov. Code Sec. 54956.9 (b)). Manual Moreno. ' TIME OF RECESS TO CLOSED SESSION: 10:00 P.M. Recess THE CITY COUNCIL RECONVENED AT: 10:20 P.M. Reconvened City Attorney Carvalho advised that there was no reportable action taken in Closed No Reports Session. It was consensus of Councilmembers to adjourn. Adjourn TIME OF ADJOURNMENT: 10:20 P.M. NEXT RESOLUTION NO. 99-C138. NEXT ORDINANCE NO. 99-019. 10/18/99 PAGE SIX