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HomeMy WebLinkAboutMinutes - April 15, 2002 - CCCITY OF AZUSA 1 MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, APRIL 15, 2002 - 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 Ceremonial Presentation of proclamation to Assistant to the Director of Utilities Kalscheuer, proclaiming Proc to April 22, 2002, as Earth Day and presentation of Certificates of Recognition to Mountain View, K. Kalscheuer Powell, and Gladstone Street schools for conserving natural resources by recycling. Earth Day & Certificates Presentation of proclamation to City Librarian Tovar, proclaiming the week of April 14-20, 2002, Proc Nat'l as National Library Week. Library Week CLOSED SESSION It was consensus of Council to recess to Closed Session in the in the West Wing Large Closed Conference Room to discuss the following: Session A. PUBLIC EMPLOYEE DISMISSAL (Gov. Code Sec. 54957) B. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 549586.8 Property Address: 716 and 720 North Dalton Avenue Azusa, CA. 91702 Agency Negotiators: City Manager Rick Cole, City Attorney Sonia Carvalho, and Economic Development/Redevelopment Director John Andrews. Negotiating Parties: Jessie M..O'Shea, Trustee, et.al. Under Negotiation: Price and Terms of payment. C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957). Title: City Manager. D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957). Title: City Attorney. E. PUBLIC SAFETY CASE REVIEW/PLANNING (Gov. Code Sec. 54957.8) F. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Gov. Code Sec. ' 54956.9 (b)). One Case. It was consensus of Councilmembers that item G from the Consent Calendar be moved into Item VI -G . Closed Session for discussion and handling. Clsd Sess Councilmembers recessed to Closed Session at 6:51 p.m. Recessed Councilmember reconvened at 7:30 p.m. Reconvened City Attorney Carvalho reported that items A and E were discussed in Closed Session but, that CityAttorney there was no reportable action. The remaining items will be discussed at the end of the advised meeting. Mayor Madrid called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION was given by Reverend Rick Mac Donald of the Christian Family Center ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALSO PRESENT: HARDISON, ROCHA, CHAGNON, MADRID STANFORD City Attorney Carvalho, City Manager Cole, Assistant City Manager Person, Chief of Police Davis, Director of Community Development Bruckner, Director of Public Works Nakasone, Associate Director Recreation and Parks Jacobs and Noriega, City Treasurer Macias, Deputy I City Clerl< Toscano, City Clerk Mendoza. PUBLIC PARTICIPATION Invocation Roll Call Also Present Pub Part Ms. Annalisa Abbs Azusa Senator from Azusa Pacific University addressed Council introducing Annalisa Abb the new Azusa Senator from APU for next year, Mr. Asa Kurns. He stated that he looks comments forward to working with the City next year. Mr. Jack Robinson addressed Council in support of the Public Hearing regarding Code J. Robinson Amendment pertaining to time extensions of Nonconforming Uses. He was advised that it will comments be discussed in the Scheduled Items portion of the Agenda. Mr. Paul Naccachian on behalf of the Downtown Azusa Business Association, addressed P. Naccachia Council and audience announcing the Mariachi Festival to be held on Saturday, April 20, 2002, comments 5 p.m. at the Azusa Pacific University, Event Center. He announced the cost and advised that tickets could be obtained by calling Azusa Pacific University Ticket office at 815-5494. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Associate Director of Recreation Noriega addressed Council audience invited all to the City of R. Noriega Azusa's Arbor Day celebration to be held on Thursday afternoon 5 p.m., at Pioneer Park. He comments stated that there will be a memorial tree planting, donated by West Coast Arborist, in the name of Eunice Harrington, a long time AUSD Board Member and a nine year veteran of the Azusa Parks and Recreation Commission. He also stated that the National Forest Service, specifically Smoky the Bear will be handing out a hundred free pine seedlings. Also honored will be Joe Rocha and the Tree Planting Group. He will also be accepting a $50,000 Grant from the State of California. He then announced the Annual Golf tournament entitled Kids Come First. City Manager Cole provided an update on Councilmember Stanford and asked all to send best City Mgr wishes to him. He provided an update on home sales in Azusa, the grand opening of Jack in comments the Box, improvement to the proposed new Sketchers store, and reminded all to attend the Monrovia Nursery open house. He also announced that April is Clean Up Month and announced the festivities that will be held during the month. Councilmember Chagnon announced the new Jack in the Box grand opening, the Relay for Life Chagnon on June 15 and 16, a cancer fundraiser. She announced the Kids Come First Golf Tournament comments and the Summer Day Camp registration on April 291n Councilmember Rocha announced that there were 80 football players that volunteered and Rocha painted walls at Slauson and Northside parks and the rest of the crew cleaned up Crescent comments Drive. He Invited all to the Teens Connect With Art event to be held on April 27`n at the City Hall Gazebo. He asked to keep in prayer Dick Stanford and Richard Chagolla Jr. Mayor Pro -Tem Hardison stated that one of the nicest looking buildings in the City is now the Hardison new Jack in the Box restaurant. He asked the status of the block wall hiding the alley. He comments invited all to the Monrovia Nursery Open House. He also announced that May 1" is the cutoff date for the Skate Park raffle of a new truck; cost is $100 per ticket. Mayor Madrid thanked all who attended the Soap Box Derby on Saturday and invited all to the Madrid Mariachi Festival this Saturday, April 20`n and the Monrovia Nursery Open House. comments SCHEDULED ITEMS Sched Items PUBLIC HEARING - on a request for reduction of Water System Development Fee by Net Pub Hrg Development Company. Wtr Sys Dev Fee Reduce 04/15/02 PAGE TWO 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 on April 4, 2002. Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Hardison and unanimously* Hrg continue carried that the Public Hearing be continued to the Council Meeting of May 6, 2002. May 6, 2002 PUBLIC HEARING - on Community Facilities District No. 2002-1 (Mountain Cove). Pub Hrg CFD The Mayor declared the Hearing open. City Clerk read the affidavits of proof of publications of Hrg open notices of said hearing published in the San Gabriel Valley Tribune on April 1" and April 2nd 2002. City Manger Cole addressed the Public Hearing stating that the CFD will pay for public improvements and fees associated with significant infrastructure costs of building a development such as Mountain Cove. The CFD will be issuing the bonds, not the City and in addition to contributions to local schools, public safety, and water quality issues, there is also $957,000 for parks outside of Mountain Cove. He stated that there is also $109,000 for the extension bike trail. Mayor Madrid clarified that this is less than $11 million to be paid by homeowners of Mountain Cove. Ms. Kim Byrens of Best, Best and Krieger addressed the Hearing stating the purpose of the Hearing and noted the many resolution that will be adopted which will result in a special election. She noted that the facilities that will be financed by the CFD, include the water transmission, the park and recreation, street improvements, bike path, and some public school facilities that will benefit that particular area; the facilities will be paid for by the annual levy of a special tax according to the special method of apportionment. She advised that the developer is not here because he is ill. She reminded all that this is only a portion of the area included in the CFD, after the annexation of a certain portion they will have to come back with the other portion. City Mgr Comments K. Byrens BBK Comments Councilmember Chagnon stated that one of the resolutions says that the last fiscal tax year is Chagnon June 20, 2042 that will be the last year that the increase can be collected, she questioned the Questions maintenance. Ms. Byrens stated that the maintenance is not included as part of the special tax, she stated I<. Byrens that the reason the special tax is for 40 years, the bonds will be outstanding for about 30 years Response and Just as a matter of caution to people that are investing in the bonds; .they allow the levy of the special tax in the event that something went wrong, such as, the development did not occur and there was a default with respect to the special tax, that would allow a few extra years to levy the tax on undeveloped property in order to pay for the bonds. Fortunately this . development is already developed and sold, it's just a precautionary measure. It pays for those hard capital facilities that are necessary for the development of the property. Councilmember Chagnon asked what the triggering mechanism is if all the funds are Chagnons recuperated in less than forty years, if there is a triggering method that allows the tax to be Questions taken off the tax rolls so people aren't paying it for an additional time and in 2042 what the triggering mechanism to have it removed from the tax bills. Ms. Byrens responsed stating that tax can only be levied to pay the bond issue so once the K. Byrens bonds are redeemed in about 30 years, the tax cannot be levied on the parties. The Council Response will have to take action to file an a notice of susation of special tax which will remove the lean of the special taxes on the property. The person who administers your special tax, who calculates it, will recommend that the Council file a notice of susation of special tax on the property. Testimony was solicited, but, none was received. Mayor Madrid asked City Clerk Mendoza if Testimony any written or verbal protest were received. There were none. none ' Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Hardison and unanimously* Hrg clsd carried to close the Public Hearing. Councilmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AND Res. 02-C40 AUTHORIZING THE RECORDING OF AMAP AMENDING THE BOUNDARIES OF COMMUNITY Rcd Map FACILITIES DISTRICT NO. 2002-1 (MOUNTAIN COVE). Amend Boundaries Moved by Councilmember Chagnon, seconded by Councilmember Rocha to waive further CFD reading and adopt. Resolution passed and adopted by the following vote of the Council: 04/15/02 PAGE THREE AYES: COUNCILMEMBERS: HARDISON, ROCHA, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: STANFORD Councilmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE CITY OCUNCIL OF THE CITY OF AZUSA ESTABLISHING COMMUNITY Res. 02-C41 FACILITIES DISTRICT NO. 2002-1 (MOUNTAIN COVE) OF THE CITY OF AZUSA, COUNTY OF Establishing LOS ANGELES, STATE OF CALIFORNIA, AND ESTABLISHING THE BOUNDARIES THEREOF. CFD Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, ROCHA, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: STANFORD Councilmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DETERMINING THE NECESSITY FOR COMMUNITY FACILITIES DISTRICT NO. 2002-1 (MOUNTAIN COVE) TO INCUR A BONDED INDEBTEDNESS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1 1,000,000 FOR PROVIDING PUBLIC FACILITES WITHIN AND FOR THE COMMUNITY FACILITIES DISTRICT AND CALLING A SPECIAL ELECTION FOR THE COMMUNITY FACILITIES DISTRICT ON A PROPOSITION FOR INCURRING SUCH BONDED INDEBTEDNESS. Moved by Councilmember Chagnon, seconded by Councilmember Rocha to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, ROCHA, CHAGNON, MADRID NOES: COUNCILMFMBERS: NONE ABSENT: COUNCILMEMBERS: STANFORD Councilmember Chagnon offered a Resolution entitled: Res. 02-C42 Determine Necessity CFD to incur Bonded Indebtedness A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CALLING A SPECIAL ELECTION Res. 02-C43 AND SUBMITTING TO THE VOTERS OF COMMUNITY FACILIITIES DISTRICT NO. 2002-1 Calling Spec (MOUNTAIN COVE) PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES Election WITHING THE COMMUNTIY FACILTIES DISTRICT TO PAY PRINCIPAL OF AND INTEREST OF BONDS THEREOF. Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, ROCHA, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: STANFORD City Clerk Mendoza announced the results of the election as follows: Proposition A: 109 YES votes, 0 NO votes, Proposition B: 109 YES votes, 0 No Votes, and Proposition C: 109 YES votes, 0 NO votes. Mayor Pro Tem Hardison offered a Resolution entitled: t A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING THE RESULTS OF THE CONSOLIDEATED SPECIAL EELCTIONS FOR COMMUNITY FACILITIES DISTRICT NO. 2002-1 (MOUNTAIN COVE) OF THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ON THE PROPOSITIONS WITH RESPECT TO (i) INCURRING A BOUNDED INDEBTEDNESS IN AN AMOUNT NOT TO EXCEED $11,000,000, (ii) THE ANNUAL LEVY OF SPECIAL TAXES TO PAY PRINCIPAL AND INTEREST ON BONDS, AND (iii) THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT AND AUTHORIZING THE RECORDATION OF THE NOTICE OF SPECIAL TAX LIEN. Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Chagnon to waive further reading and adopt. Resolution passed by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 04/15/02 PAGE FOUR HARDISON, ROCHA, CHAGNON, MADRID NONE STANFORD Res. 02-C44 Declaring Results Of Spec Election Councilmember Chagnon stated that this does not include the Fire Assessment Fees; she would Chagnon like to have a briefing with Council, before staff gets into negotiations regarding the Fire Comments contract to see how they will approach Mountain Cove for reimbursement. PUBLIC HEARING - on Code Amendment ZCA 217, amending Article X111 of the Azusa Pub Hrg Municipal Code pertaining to time extensions of nonconforming uses. ZCA 217 The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication Hrg open of notice said hearing published in the Azusa Herald on April 4, 2002. Community Development Director Bruckner addressed the issue stating that this Code Com Dev Dir Amendment would enable the Zoning Administrator to extend the amortization provisions from Comments five to ten years for non -conforming uses, for uses that are no longer in compliance with the provisions zoning code or zoning map as a result of a change of the zoning designation or a change to the zoning code. He spoke about the issue of the Azusa Pawn Shop which was subject to twenty year amortization, and the reasons why the pawn shop will no longer be permitted, it is in the Central Business District which does not allow pawn shops. Now, there are reporting requirements by the pawn shop to police departments and this has eliminated any criminal activity; he would like to consider a time period greater then five years, which would be handled through the Zoning Administrator, to possible go to a ten year period. He responded to questions about the process of the hearings with the Zoning Administrator. Lengthy discussion was held regarding the Zoning Administrator, a third independent parry and Discussion how much background information/data he would have regarding the business in question since it was a twenty year amortization period. Discussion was held regarding the notification process, the public hearing process and how the GIS system will be about to tract/flag these types of business in the future. Mr. Jack Robinson of Azusa Pawn addressed the issue stating that he was not aware of the J. Robinson process and urged Council to pass the proposed ordinance. He stated that there were many comments businesses that this affects that are currently in the CBD Zone and it would give them time to get their businesses in order. Community Development Director Bruckner advised that they are currently trying to come up Com Dev Dir with more flexibility in the Zoning Ordinance and develop abetter way to regulate uses in order Comments to have an interesting mix of uses in the future. Moved by Councilmember Chagnon, seconded by Councilmember Hardison and unanimously* Hrg Closed carried to close the Public Hearing. Mayor Pro -Tem Hardison offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING ARTICLE XIII, 15'Rdg Ord SECTON 88-1885 (a) OF THE AZUSA MUNICIPAL CODE PERTAINING TO TIME FXTENTIONS Time Extensio FOR NONCONFORMING USES. Non Conform Uses Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Rocha and carried* by roll call to waive further reading and introduce the ordinance. Councilmember Chagnon dissenting and Councilmember Stanford was absent. The CONSENT CALENDAR consisting of Items VI -A through VI -I, was approved by motion of Consent Cal. Councilmember Rocha, seconded by Councilmember Chagnon and unanimously* carried. approved A. The Minutes of the regular meeting of April 1, 2002, were approved as written. Min approve D. Authorization was give to Police and Finance representatives to negotiate with Azusa auto Pur vehicle dealerships to obtain the best deal for the City on one basic late model previously owned 4- PD door sedan vehicle in an amount not to exceed $16,400 inclusive of all taxes and title fees. E. The City Treasurer's Report as of March 2002 was received and filed. Treas Rpt 04/15/02 PAGE FIVE B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING Res. 02-C45. THEAPPLICATION FOR GRANT FUNDS FOR THE MURRAY-HAYDEN PROGRAM UNDERTHE Pks and Yout SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COSTAL PROTECTION BOND ACT OF 2000. Svs Program C. Amendment to the increase in blanket purchase order No. 210708, for Police Department Amend P.O. Polygraph and background checks with Michael O'Day &Associates was approved for a M. O'Day & new total cost of $16,300. Associates D. Authorization was give to Police and Finance representatives to negotiate with Azusa auto Pur vehicle dealerships to obtain the best deal for the City on one basic late model previously owned 4- PD door sedan vehicle in an amount not to exceed $16,400 inclusive of all taxes and title fees. E. The City Treasurer's Report as of March 2002 was received and filed. Treas Rpt 04/15/02 PAGE FIVE F. Human Resource Action items were approved as follows: Human Res Merit Increase and/or regular appointments: R. Cabildo, C. Curiel, and K. Clear. Action Items Promotional Appointments: S. Kenoyer, Assistant Director of Finance, effective, April 6, 2002. Reclassification: T. De La Torre, Park Maintenance Worker 111, effective May 1, 2001. Separation: D. Davis, Account Specialist 1, effective April 4, 2002. G. Side Letter Agreement Between the City of Azusa and Azusa Police Management Association. Side Ltr APM (REMOVED FROM THE AGENDA AND TAKEN INTO CLOSED SESSION. NO ACTION WAS TAKEN). Removed H. Approval was given to award professional service contracts to Gonzalez/Goodale for Phase II of the Library Agmts New Library Project ($215,000) and Library Reuse Study ($20,000), and $40,000 to Terry A. Hays Gonzalez/Go ' Associates for required environmental analysis. In addition, approval was give to increase the Dale, Terry H purchase order to the Mobility Group of $2,300 for extra work. Mobility Grou I. The following Resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 02-C46. CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO Warrants BE PAID. CONVENE JOINTLY WITH THE REDEVELOPMENT AGENCY. Joint Mtg IOINT PUBLIC HEARING - on a proposed Disposition and Development Agreement with Dr. Pub Hrg Ralph Reyes, located in the Central Business District. I DDA Reyes The Mayor declared the Hearing open. The City Clerk read the proof of publication of notice of Hrg open said hearing published in the San Gabriel Valley Tribune on April 1, 2001. Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Chagnon and unanimously* Continued carried to continue the Public Hearing to the Council meeting of May 6, 2002. 5/6/02 THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 9:14 Convene CRA P.M. Reconvened THE CITY COUNCIL RECONVENED AT 9:15 P.M. THE CITYCOUNCIL RECESSEDAND THEAZUSAPUBLIC FINANCING AUTHORITY CONVENED AT 9:16 P.M. THE CITY COUNCIL RECONVENED AT 9:17 P.M. It was consensus of Council to recess back into Closed Session to address the following: PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957). Title: City Manager. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957). Title: City Attorney. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Gov. Code Sec. 54956.9 One Case. There was no reportable action taken in Closed Session Convene APF Reconvened Back to Close Session No Rpts It was consensus of Councilmembers to adjourn and keep in prayer and positive thoughts, Adjourn Councilmember Stanford and Richard Chagolla. TIME OF ADJOURNMENT: 9:18 P.M. CITY CLERK NEXT RESOLUTION NO. 2002-C47. NEXT ORDINANCE NO. 2002-06. *Indicates Stanford absent. 04/15/02 PAGE SIX