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HomeMy WebLinkAboutMinutes - November 19, 2001 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 19, 2001 - 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. It was consensus of Council to recess to Closed Session in the Office of the City Manager, to Closed Session discuss the following: CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov. Code Sec. 54956.8). Property Address: 613-615 N. Azusa Avenue, Azusa. Negotiators: Director of Economic Development Andrews, Assistant Director of Economic Development Amador and City Manager Cole. Under Negotiation: Terms for Negotiation. City Attorney Carvalho advised that in Closed Session Council gave staff negotiation City Attorney parameters for sale of property noted above. ' Mayor Madrid called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION was given by City Manager Rick Cole. Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Cole, Assistant City Manager Person, Chief of Police Davis, Captains Pihlak and Garcia of the Azusa Police Department, Police Officer Ernst, Community Services Officer Contreras, Community Development Director Bruckner, Assistant Community Development Director Onaga, Director Recreation and Parks Jacobs and Noriega, Deputy City Clerk Toscano, City Clerk Mendoza. Mayor Madrid, accompanied by the City Council members, administered the Oath of Office Oath of Office to new Police Officer Dennis Tremblay and Chief of Police King Davis administered the Code to D. Tremblay of Ethics of the Azusa Police Department. Police Officer Proclamation for Father David Granadino of Saint Frances of Rome Church, sending prayers Proc Fr. David and best wishes with him as he has been called to active duty as Chaplain Major, USAF, to Granadino provide spiritual comfort and guidance to our armed forces at F.E. Warren Air Force Base in Cheyenne, Wyoming. The proclamation was presented to Chaplain Major Granadino on Sunday, November 18, 2001, at the 9:30 a.m. mass at Saint Frances of Rome Church. PUBLIC PARTICIPATION Pub Part Mr. AI Valencia, President of Azusa Junior All American Football and Cheer, addressed Council A. Valencia, announcing various aspects of the track record for the All American Football players and the Azusa Jr. All support they get from the community, board of directors, and volunteer coaches. He American announced the First Annual Canyon of the City Bowl at Azusa Pacific University, on November Football & 24, 2001, at 9:30 a.m. He invited all to attend. Ms. Connie Nuya, Assistant Cheer Cheer Coordinator for the Azusa Raiders Cheerleaders and Head Mascot Coach. She listed many of C. Nuya, Asst. the events at which the Cheerleaders and Mascots perform. Cheer Coord. Mr. James Turner addressed Council expressing his concern regarding speeding vehicles up J. Turner and down North Dalton Avenue, where he resides. City Manager Cole responded stating that comments staff will look at that area as well as other areas in the City where they are long and wide City Mgr streets. He stated that they would look at traffic calming solutions. response Ms. Helen Romero Shaw, Public Affairs Manager for the Gas Company, addressed Council H. Shaw announcing that gas bills will be much lower this winter due to the customers taking advantage comments of the different Energy Efficiency Programs. She noted each program and urged all to participate and take advantage of them. Ms. Jacqueline Lambrichts of the Friends of the San Gabriel River, addressed Council J. Lambrichts expressing concerns regarding the approval by the Planning Commission of.the Todd Avenue comments property project that was approved by the Planning Commission. She advised that she thinks it is contrary to the City's Citizen's Congress goals and that it should be put on hold until the new general plan is approved. She advised that the Friends of the San Gabriel River have filed an appeal. Mr. Art Morales addressed Council expressing his opinion regarding information which was A. Morales distributed prior to the election for Library Measure "L". He stated that literature stated that comments the current Library building was not earthquake safe and he feels that this is a liability to the City, since the building is still being used. City Manager Cole responded advising that the building was built prior to contemporary City Mgr earthquake standards; it met the code when it was built. He explained how this is the case response with many buildings including schools. This is the reason that the building will not be replaced with a new Library. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Updates/Rpts Associate Director of Recreation Jacobs provided an update on the Winter Family Fiesta, to J. Jacobs be held on Saturday, December (" at City Hall, from 8 a.m. to 4 p.m. He advised that there comments will be snow in Azusa on that day, free arts and crafts, pancake breakfast and he displayed t- Winter Family shirts sponsoring the events. The event is being sponsored by the Latino Tobacco Control Fiesta Coalition. He also advised that the Skate Park fundraising program is very successful and that the Donor Wall cost is $100 per brick. He encouraged all families to participate. City Manager Cole spoke about the the Council/Staff Quarterly Workplan session held on City Mgr Saturday, November 17th, which included a tour of certain projects being completed in the comments City as well as other areas of the City where proposed projects may be. He spoke about success of Measure L, winning by 76% of the voters, and plans for an event for the entire community on Sunday December 9`h from 2pm to 4pm to meet the new Library Director Mr. Albert Tovar. Mayor Pro -Tem Chagnon announced that Father David Granadino was presented with a Chagnon proclamation at mass on Sunday, and he asked that the community fly the flag in honor of him comments until he comes home in February. She advised that the Food Drive is on, and that pick up places are as follows: City Hall, Azusa Pacific University, the AUSD, Light and Water and the Library. She then reminded all that Thanksgiving is not a one day event, but, everyone should be thankful everyday. Councilmember Rocha, too advised that everyday he thanks his classroom kids, his family for Rocha all they do for him and thanked all who will be helping with pickup of food for the holiday food comments drive, Jody, Mr. Philly and his son. He reminded all that on December 15', they will be tree 'planting at 8 a.m. on S`h Street from Dalton to Azusa Avenue. He asked to keep in prayer Carmen Pedroza and her family as she underwent surgery. Councilmember Stanford advised that the tour of the City taken by Council and Staff was Stanford great. He wished Father David a safe tour of duty, and also stated that he , Councilmember comments Rocha, City Clerk Mendoza and City Treasurer Macias attended Inez Gutierrez' retirement dinner which was very special. He also advised that the blood drive was a successful event. Councilmember Hardison urged all to give thanks by giving to the Azusa Food Drive. He also Hardison encouraged all to give to the kids by purchasing a dedication brick for the Skate Park and get comments a chance to win a 2001 Chevy S 10. 11/19/01 PAGE TWO Mayor Madrid thanked all who volunteers for Measure L, thanked Inez Gutierrez and Father Madrid David for her years of service to the City and also thanked all who contributed to the success comments of the Veteran's Day event and blood drive. SCHEDULED ITEMS Sched Items PUBLIC HEARING - to consider valid request with regard to the use of approximately Pub Hrg $100,000 that the City will receive under the Citizens' Option for Public Safety (COPS) COPS Program for the Fiscal Year 2001-2002. The Mayor declared the Hearing open. City Clerk read affidavit of proof of publication of Hrg open notice of said hearing published in the San Gabriel Valley Tribune on November 9, 2001. Chief of Police Davis requested that Council amend the 2001-02 City budget to include COP Davis appropriations of funds to be received from the State COPS/BRULTE Program, and the comments expenditure plan presented. He noted that there is $7,100 interest from BRULTE 2000-01 included In the expenditure plan. Also included are funds received from the California Law Enforcement Equipment Program (CLEEP), in the amount of $44,192. He advised that these funds can only be used for certain things and detailed the expenditures as follows: BRULTE, $5,516 for Local Law Enforcement Block Grant (LLEBG) Cash Match, $28,510 for FAST Program, $20,000 for DARE Program, $20,000 for SRO Program, $33,074 for Tactical Equipment. He detailed the CLEEP Program as follows: (00/01 Carryover) $16,500 - $14,500 for Communications Voice Playback and $2,000 Sheriffs' Radio Integration. CLEEP (2001/02) $44,192 - $10,000 for HT, Charger and Batteries, $14,192 for MDC Program and $20,000 for Improvements to Radio System. He then answered questions posed by Councilmembers. Moved by Mayor Pro -Tem Chagnon, seconded by Councilmember Rocha and unanimously Hrg Closed carried to close the Hearing. Moved by Councilmember Stanford, seconded by Councilmember Hardison and unanimously Amend Budget carried to amend the 2001-02 City budget to include appropriations of funds received from to include COPS (BRULTE) Program, the $7,100 interest from BRULTE 2000-01, and funds from the appropriations ' CLEEP and expenditure plan as presented. & expend plan PUBLIC HEARING - on an appeal by Dick Evit/Super Stop 99, on a request for a Conditional Pub Hrg CUP Use Permit, C-2001-1 1, to allow off -sale general alcoholic beverages sales in an existing retail to allow sale store in the C-2 (Restricted Commercial) zone, at 530 S. Citrus Avenue, Units 9, 10, R 11, alcoholic bev Azusa CA. Super Stop 99 The Mayor declared the Hearing open. City Clerk read the affidavit of proof of publication of Hrg open notice of said hearing published in the Azusa Herald Highlander on November 8, 2001. Assistant Community Development Director Onaga addressed the issue stating that the Ass't Dir Com Planning Commission denied the request of Super Stop for a CUP to allow the sale of general Dev Onaga off sale liquor, hard liquor sales, on October 10th and the applicant is now appealing that comments decision to Council. He stated that the reasons cited for the appeal by the applicant are that the Planning Commission did not understand the nature of the request and that many local residents have requested that a variety of liquor be sold there, not just beer and wine. Mr. Onaga stated that the Planning Commission did understand the nature and identified existing uses and why It should be denied. The Planning Commission considered all testimony received at their meeting; first that there is an existing 7-1 1 store, and adult video store, a liquor store in the vicinity that do sell alcohol and there is an elementary school and the school district office close to the store. They found that the area contains an undue concentration 'of existing alcohol use licenses. Mr. Dick Evit of All Star Reality addressed Council on behalf of Mr. Kamil S. Dagher, owner of D. Evit Super Stop. He stated that he disagrees with the findings of the Planning Commission Super Stop because the General Plan does allow for liquor stores if approved by a Conditional Use Permit comments and although the business is not going to change into a liquor store, he will set aside a small area in the store for liquor. He advised that he mailed a letter to residents in the area and no one objected to the sale of liquor and that there is only one store in the area that sells liquor, which is the liquor store across the street. He spoke about the alleged shortage of parking spaces and stated that there wasn't a shortage. He stated that this would Increase taxes for the City. He then answered questions posed by Councilmembers. 11/19/01 PAGE THREE Following Councilmember comments, it was moved by Mayor Pro -Tem Chagnon, seconded Hrg Closed Councilmember Hardison and unanimously carried to close the Public Hearing. Moved by Councilmember Stanford, seconded by Councilmember Hardison and unanimously PC decision carried to affirm the decision of Planning Commission to deny Conditional Use Permit No. C- Affirmed/CUP 2001-11. denied City Comments on Proposed Nomination by the L.A. Conservancy to Place the Azusa Foothill Foothill Drive- Drive-ln Theater on the California Register of Historical Resources. In/Conservancy 'Community Development Director Bruckner addressed the issue stating that the Item is an application by the L.A. Conservancy to nominate the Drive -In Theater to the State Register of Historical Resources. The Conservancy had scheduled the proposed nomination for consideration on November2, 2001, but, because the new property owner, Azusa Pacific University, requested a postponement, it was postponed until February 1, 2002. As part of the proceeding, the Commission has given the City the opportunity to provide comments on the nomination and the City can either: 1) Comment whether the Drive-in Theater meets the criteria for listing in The California Register, 2) Decline to comment on the nomination, 3) Join the nomination, or 4) Object to the nomination. He stated that the Azusa Historical Preservation Commission has studied the issue and agreed to forward to the City Council the following comment: "Because the mission of the Cultural and Historic Preservation Commission is historic preservation, the Commission supports the nomination application by the L.A. Conservancy". He stated that in the nomination application by the Conservancy, it is contended that "the Foothill Drive-in is an icon of the mid century car culture and adoration of the automobile and that it is well-maintained, relatively unaltered typical example of a distinctive, once prominent, but now nearly extinct from of American roadside architecture". He also stated that the Conservancy believes that two of the four criteria that the state uses in nominating property for the registry would be satisfied, as follows: "it is associated with events that have made significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States; and/or it embodies the distinctive architecture of a type, period, region or method of construction or represents the work of a master or possesses high artistic values". He stated that the applicant believes that the ,nomination meets those two criteria. Both the operator and the property owner have objected to the drive-in theater being nominated and have not supported the application. He then answered questions posed by Councilmembers. City Attorney Carvalho advised that when reviewing this matter on whether Councilmember Stanford has a conflict of interest, he would have to determine on whether the City's decision to comment or not to comment would have a economic impact on Azusa Pacific University. She advised that she does not believe that the mere decision whether to comment or not to comment would have an economic impact. Further, that the mere designation does not have an economic impact. The following persons spoke and voiced their opinion to join the nomination: Jim Conkle, Executive Director of California Route 66 Preservation Foundation, David Gaw, Sara Loe, Trudi Sandmeier of the Los Angeles Conservancy, David Knudson, Antoinette Meier a representative of Car Clubs, Jeff Stork of On The Town, Art Morales, Ted Garcia, and Ed Hlava, Com Dev Dir comments City Attorney advised on conflict of interest Stanford Persons who suggested to join the nomination The following persons spoke and voiced their opinion to object to the nomination: John Persons who Moore, Ginny Dadaian of Azusa Pacific University, Darren Paine, Michael Donahue, Monica suggested to Gantz, Scott Gantz, John Moore, Donna Rutherford, Hank Bode, Jeanette McKenna, John object the Wallace, President of Azusa Pacific University, and Brian Swenson, nomination After Councilmember comments, it was moved by Councilmember Stanford, seconded by Motion Object Councilmember Hardison and carried to object to the nomination. Mayor Madrid dissenting. the Nomination 'Councilmember Stanford offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 46 I" Rdg Ord SECTION 46.380 AND 46-381 OF THE AZUSA MUNICIPAL CODE PERTAINING TO DRINKING Drinking& AND POSSESSION OF OPEN ALCOHOLIC BEVERAGE CONTAINERS IN PUBLIC. possessing open container Moved by Councilmember Stanford, seconded by Mayor Pro -Tem Chagnon and unanimously carried to waive further reading and introduce the proposed Ordinance. 11/19/01 PAGE FOUR The CONSENT CALENDAR consisting of Items VI -A through VI -K, was approved by motion of Consent Cal. Councilmember Stanford, seconded by Councilmember Rocha and unanimously carried with VI -A - V -K the exception of items VI -D, F, J and VI -K, which were considered under the Special Call V -D, F, J, 8.K portion of the Agenda. Spec Call A. The Minutes of the regular meeting of November 5, 2001, were approved as written. Min approved B. The Agreement with LA Works for Community Beautification was approved in the Agmt w/LA amount of $19,900 and its execution was authorized. The agreement is to supply the Works Com City with a four -person work crew to the Parks Division for the balance of the current Beautify fiscal year which will be dedicated to park cleanup and event set-ups. ' C. The City Treasurer's Report as of August 2001 was received and filed. Treas Rpt D. REMOVED FROM AGENDA. Removed E. Human Resources Action Items were approved as follows: Human Res. New Appointments: S. Cole, Associate Planner, effective November 20, 2001. Action Items S. Alvarez, Administrative Secretary, effective November 20, 2001. F. SPECIAL CALL ITEM. Spec Call G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA IN SUPPORT OF AB Res. No. 01- 1602 ( PROPOSITION 40), THE CALIFORNIA CLEAN WATER, CLEAN AIR, C124, support NEIGHBORHOOD PARKS AND COASTAL PROTECTION ACT OF 2002. AB 1602 H. Plans and Specifications for CDBG- Funded Project, Sidewalk Improvements on Virginia Plans & Specs Avenue at the Railroad Tracks were approved and the City Clerk's office was authorized Sidewalk Imp to advertise for bids. The project will install new sidewalks on the east side of Virginia at the railroad tracks, between Foothill and Sixth Street. 1. Contract award for the Eleventh and First Street Rehabilitation; and amending the 2002 Gentry Brothers Capital Improvement Project Budget was awarded to Gentry Brothers, low bidder, in the Agmt w/Gentry amount of $844,809.88. Approval was also given to amend the 2002 Capital Bros, Eleventh Improvement Projects (CIP) budget by allocating $78,809.00 from the 9t' Street and First St. Rehabilitation Project (66102 1) to the 1 1 `" Street Rehabilitation Project (65 101 D). Rehab. J. SPECIAL CALL ITEM. K. SPECIAL CALL ITEM. SPECIAL CALL ITEMS Mayor Madrid expressed concern regarding resolutions approving Debt Policy and Procedures for the City of Azusa, stating that the policy allows too much discretion for one Individual, the Director of Finance and should allow the City Treasurer, Mayor and City Council more participation. It was consensus of Council that the Debt Policy item for each entity, be removed from the Agenda and that they be reviewed and brought back to the first Council meeting in December. Spec Call Spec Call Spec Call Items Debt Policy resolution removed from Agenda Councilmember Rocha addressed item regarding resolution establishing the classification of Rocha questions Customer Care Lead, asking how many the person will supervise and in which area of the Light CityMgr and Water Department. City Manager responded that the position would supervise six or response seven person and working the front lobby of the Light and Water Department. ,Mayor Madrid offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCJL OF THE CITY OF AZUSA AMENDING THE CITY'S Res. No. 01 - CLASSIFICATION PLAN AND ESTABLISHING COMPENSATION FOR THE CLASSIFICATION OF C123. CUSTOMER CARE LEAD. Moved by Mayor Madrid, seconded by Councilmember Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, CHAGNON, MADRID NOES: COUNCILMEMBERS: ROCHA ABSENT: COUNCILMEMBERS: NONE 11/19/01 PAGE FIVE Councilmember Rocha addressed item regarding the lease of a new BMW Police Motorcycle Rocha questions asking if it is and additional vehicle and if it's r.,'a<:d liability. Chief of Police Davis responded COP response stating that this is a replacement motorcycle c =-u there is no added liability. Moved by Mayor Madrid, seconded by Councilmember Hardison and carried to authorize a Three year lease three-year lease of a BMW police motorcycle from AB.S BMW, as part of a piggy -back lease of BMW police arrangement with the California Highway Patrol. Councilmember Rocha dissenting. motorcycle Councilmember Rocha asked that staff clarify an entry made Into the resolution authorizing Rocha question payment of warrants by the City as his name appears receiving a payment for Acosta Growers. re: Warrant Director of Finance Medina responded stating that Joe Rocha's name is mentioned on the Register 'description because it was for the purchase of trees for the planting throughout the City. Mayor Madrid offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS No. 01-C 125 AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Warrants Moved by Mayor Madrid, seconded by Councilmember Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, CHAGNON, ROCHA, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 10:36 Cncl recess/CRA P.M. Convene THE CITY COUNCIL RECONVENED AT 10:37 P.M. Cncl reconvene THE CITY COUNCIL RECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY Cncl recess/ CONVENED AT 10:37 P.M. APFA convene THE CITY COUNCIL RECONVENED AT 10:38 P.M. Cncl Reconvene It was consensus of Councilmembers to adjourn and to keep in prayers Mrs. Carmen Pedroza Adjourn and as she recently underwent major surgery. keep in prayers Carmen Pedroza TIME OF ADJOURNMENT: 10:39 P.M. (� CITY CLERK NEXT RESOLUTION NO. 2001-C126. 'NEXT ORDINANCE NO. 2001-09. 11/19/01 PAGE SIX