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HomeMy WebLinkAboutMinutes - November 4, 2002 - CCJ CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 4, 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 Mayor Madrid administered the Loyalty Oath to Azusa Police Officer Leonard Gallegos and Oath to L. Chief of Police King Davis administered the Oath of Ethics to Officer Gallegos. Gallegos Closed Session The City Council recessed to Closed Session to discuss the following: CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION (Gov. Code Sec. 54956.9 (c)). One Case — Amicus Brief Support in San Jose Christian College v. City of Morgan Hill. CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION (Gov. Code Sec. 54956.9 (c)). One Case — Amicus Brief Support in Barden v. City of Sacramento. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Gov. Code Sec. 54956.9 (a)). Marshall Perez v. City of Azusa, Case No. KC039775, LA Superior Court. The City Council recessed at: 6:40 p.m. The City Council reconvened at: 7:30 p.m. Clsd Sess Recess Reconvened City Attorney Carvalho reported that there was reportable action taken in Closed Session; City Attorney approval was given to participate in the Amicus Brief in San Jose Christian College v. City of Reportable Morgan Hill. Further, Council voted not to participate in the Amicus Brief in Barden v. City of Action Sacramento. There was no further reportable action. Mayor Madrid called the meeting to order and led in the Salute to the Flag. INVOCATION was given by Reverend Samuel Martinez of Christian Faith Center of the Valley. ROLL CALL PREiSENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, 1 MADRID ABSENT: COUNCILMEMBERS: NONE I ALSO PRESENT: City Attorney Carvalho, City Manager Cole, Assistant City Manager Person, Chief of Police Davis, Community Development Director Bruckner, City Librarian Tovar, Senior Services Coordinator Crawford, Associate Directors of Recreation and Parks Noriega and Jacobs, Director of Public Works Nakasone, Building Inspector Keys, City Treasurer Macias, Planning Secretary Rocha, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Call to Order Invocation Roll Call Also Present Pub Part Mr. David James of the Forest Preservation Society addressed Council providing an update on D. James the potential debris Flow iComments n the Angeles National Forest due to the Williams Fire. Ms. Diana Valenciano of Azusa Pacific University, addressed Council announcing the Hearts of D. Valenclano Joy Community Event to be held on Saturday, November 9, 2002, at the APU Soccer Field from Comments 12 noon to 4 p.m. It was consensus of Councilmembers that item V-A, consideration of potential ballot measure, Item V-A be brought forward for handling at this time. Brt fwrd City Manager Cole provided background regarding the issue, stating that since the passage of City Mgr Proposition 13, nearly 25 years ago, California cities have had to adjust to a series of voter Comments initiatives, legislative changes and court decisions that have reshaped how communities pay for Re: Potentia basic services like police, fire, library and parks. He talked about the City's Utility User Tax, Ballot Measu stating that it should be revisited and placed before the voters. He recommended that a Utility Tax measure be placed on the ballot to: 1) reduce the rate for residential electric, water and gas from 5% to 4%, 2) increase the rate for commercial electric, water and gas from 5% to 8%, and 3) apply the commercial rate to commercial telephones and wireless devices. He provided a brief history regarding the tax issues in the City and State. He detailed the progress made in Azusa during the last few years noting the need for the changes in the Utility Tax in order to continue to provide quality services to the community. He also recommended that the City appoint a community "Tax Review Task Force" to work with the Council and staff on a broader tax reform plan to be placed before voters in November 2003. He then answered questions posed by Councilmembers regarding the Tax Review Task Force. Discussion was held between Councilmembers and Staff regarding the need for direction of the Discussion format of the ballot measure, specific language and possible action with options. It was noted that an informal public hearing would be scheduled for the next Council meeting to discuss the Utility tax issue as well as information on wireless devices. Discussion was also held regarding exemptions and the need to gather additional information on the subject, and to check to see what the State criteria is for exemptions: this is for information purposes only. Moved by Councilmember Stanford, seconded by Councilmember Chagnon and unanimously Staff to come carried to approved the recommendation to schedule public consideration of a ballot measure Back with UT 1) reduce the rate for residential electric, water and gas from 5% to 4%, 2) increase the rate for ballot measu commercial electric, water and gas from 5% to 8%, and 3) apply the commercial rate to And info on commercial telephones and wireless devices. Further, staff was directed to come back with Exemptions i options for language and proper format for the Utility Tax ballot measure and research information on exemptions. ' Councilmember Stanford requested that the meeting be adjourned in memory of Mr. Perez, City Stanford Manager Rick Cole, father in law, who passed away yesterday. Comment REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Associate Director of Recreation and Parks, Noriega to provide a power point presentation on R. Noriega Azusa Park Renaissance. He detailed the topics of renovating existing park facilities, complete Azusa Park the Park Master Plan, identify new park land and opportunities, acquisition and development of Renaissance new lands, access and development of AUSD green space as neighborhood parks, planning and Update development of the San Gabriel River and Azusa Canyon as a local and regional park and open space destination spot, and funding sources. Councilmember Rocha thanked all who helped clean up the empty parcel across from the City's Rocha entry monument. He especially thanked Al Valencia and Johnny Sanchez of the Raiders. He Comments invited the community to the Veteran's Day celebration Monday, November 11, 2002, at 11:00 a.m. He urged all to exercise their right to vote in the November 4, 20002, election. He asked that the meeting be adjourned in memory of Baby Lee Tapia. Councilmember Stanford reminded all to vote in tomorrow's election and to come out and Stanford I celebrate Veteran's Day. He asked that the meeting also be adjourned with prayers for Comments Herman Noriega. Mayor Madrid welcomed a new Azusa Police Officer, Leonard Gallegos, who was sworn in Madrid earlier in the meeting. Comments CONTINUED ITEMS . Continued Ite Moved by Councilmember Chagnon, seconded by Councilmember Stanford and unanimously Employment carried to approve the Employment Contract with Mike Lorusso for Public Works Department Contract w/ effective October 21, 2002 through March 25, 2003. M. Lorusso Approved 11/04/02 PAGE TWO Discussion was held regarding project acceptance and notice of completion for City Auditorium interior renovations item. Councilmembers expressed concerns regarding the overages In the project and asked that either receipts or hard costs be provided. They also were concerned that the project did not come back to Council when costs were exceeded and what the procedure is for change order to a contract. ft was consensus of Councilmembers to continue the Item to the next meeting or until there Is addIt/oval Information provided. Discussion was held regarding Offer of Dedication, Parcels "A" and "B" of Mountain View Business Park, 1201 N. Todd Avenue. Mayor Madrid expressed concern regarding the liabilities that may come with the use of the bike path, from errant golf balls from Azusa Greens Golf Course. She asked that the City Attorney research the original documents that were submitted for the project to see if there is any protection against errant golf balls i.e. baffles, netting, etc. Discussion was held between Council members regarding the use for the property and access on bike trail through Sierra Madre and Todd Avenue. Discussion re Not of Comp City Aud Interiors Continued Discussion Re: Offer of Dedication Parcels "A" a „B„ 1201 N. Tod Mr. Kevin Coleman of Net Development addressed the issue stating that the underlying K. Coleman requirement for the bike trail was applied to the real estate prior to the offer to be purchased. Net Dev He stated further that if the City does not take the ownership of the property he will not open it Comments up for public use because it will be a greater liability to him and his company and the City has the tort claim system and he does not. It was consensus that Item was continued to the next meeting or until the City Attorney finishes Item continu the research of original documents to see if there was any protection against liabilities. SCHEDULED ITEM Sched Items PUBLIC HEARING — relating to adoption by reference of the 2001 edition of the California Pub Hrg Building Standards Code. Bldg Codes The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication Hrg open of notice of said Hearing published in the Azusa Herald on October 24, 2002. Testimony was solicited, but, none was received. Testimony/no Moved by Councilmember Chagnon, seconded by Mayor Madrid and unanimously carried to Pub Hrg close the Public Hearing. Closed Mayor Madrid suggested that in the information on the Williams and Curve fires be included in Mayor the proposed ordinance. comment Councilmember Chagnon offered an Ordinance, as amended, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSAAMENDING CHAPTER 14 OF I" Rdg Ord THE AZUSA MUNICIPAL CODE ADOPTING BY REFERENCE THE 2001 EDITION OF THE Adoption CALIFORNIA BUDILING STANDARDS CODE (CALIFORNIA CODE OF REGULATINS, TITLE 24) Of Building INCORPORATING THE CALIFORNIA BUUIDLING CODE, 2001 EDITION, THE CALIFORNIA Code by MECHANICAL CODE, 2001 EDITION, THE CALIFORNIA PLUMBING CODE, 2001 EDITION, AND Reference THE CALIFORNIA ELECTRICAL CODE, 2001 EDITION; AND ADOPTING, THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 2000 EDITION, THE UNIFORM SIGN CODE 2000, EDITION AND THE UNIFORM HOUSING CODE CHAPTERS 4,5,6, AND SECTIONS 701.3, 11997 EDITION, AND AMENDING SECTIONS 14-1, 14-51, 14-55, 14-91-, 14-111, 14-150, 14- 191- 14-191, 14-193,14-194, REFERENCING CODE ADOPTIONS AND ADDING SECTINS 14- 57. Moved by Councilmember Chagnon, seconded by Councilmember Rocha and unanimously Ord introduc carried to waive further reading and introduce the ordinance. ' PUBLIC HEARING — to receive and consider all evidence and reports presented relative to the Pub Hrg City's schedule of fees and charges for various services, for which users make a direct payment User Fee proportionate to the services rendered. Various sys The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication Hrg open of said notice published in the San Gabriel Valley Tribune on October 25, 2002. Councilmember Rocha expressed concern regarding sewer blockage check cost/refund and Rocha yard sale permit being raised from $20 to $30. Comments Councilmember Hardison noted his objection to several permit fees advising that this sends a Hardison message to residents not to improve their property. Comments 11/04/02 PAGE THREE Assistant City Manager Person responded noting that the goal is to access the true cost of R. Person services to specialized services being requested, and if fees are not recovered, then that means Comments that the fees are being subsidized by all other tax payers. Discussion was held regarding having fees for homeowner and the developer and how the Discussion proposed fees were adjusted and created. Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Hardison and unanimously Hrg Closed carried to close the Public Hearing. The following changes were made by Councilmembers: 5-003 — Leave as $1,165.00 but, Amendments change to $350.00 for existing structures, 5-008 Remain at $357.00, 5-009 - $850.00 for By Council 'single family structure, S01 1 — Minor CUP $845.00, 5-141 - Yard sale permit, field citation, to remain at $20 and item 5-144, returned check processing change to $25.00. NONE Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Hardison and unanimously User Fee carried to approve the addendum to the User Fee Schedule approved September 3, 2002 for Schedule various municipal activities and services in accordance with the Cost of Service Study by Approved Revenue and Cost Specialists and input'by Staff, as amended by Councilmembers. As amended Item regarding a proposed resolution calling for a ballot measure for the March 4, 2003, Ballot Meas. General Municipal Election to prohibit sales and discharge of fireworks in the City was Discussion discussed. ' Councilmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ODERING THE Res. 02-C 127 SUBMISSION OF A MEASURE TO THE QUALIFIED ELECTORS OF THE CITY TO PROHIBIT THE Measure SALE OF FIREWORKS WITHIN THE CITY OF AZUSA T THE GENERAL MUNICIPAL ELECTION TO Prohibit sale BE HELD ON MARCH 4, 2003. Fireworks 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, STANFORD, ROCHA, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL FO THE CITY OF AZUSA, CALIFORNIA, PROVIDING FOR Res. 02-C 128 THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT THE GENERAL Filing of MUNICIPAL ELECTION TO BE HELD ON MARCH 4, 2003. Arguments & Rebuttals 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, STANFORD, ROCHA, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The CONSENT CALENDAR consisting of Items VI -A through VI -F was approved by motion of Consent Cal. Councilmember Stanford, seconded by Mayor Pro -Tem Hardison and unanimously carried . It Approved was noted that the title for Joe Jacobs in the HR Action Items be changed to Director of Recreation and Family Services. 'A. The minutes of regular meeting of October 21, 2002 were approved as written. Min approve B. Approval was given to re -title the Recreation and Parks Department as "Recreation and Re -title Family Services", as recommended by the Parks and Recreation Commission. Rec & Fam sv C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, CALLING Res. 02-C129 AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE Calling & Giv HELD ON TUESDAY, MARCH 4, 2003, FOR THE ELECTION OF CERTAIN OFFICIERS AS Notice of an REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA Election RELATING TO GENERAL LAW CITIES. March 4, 200 I 11/04/02 PAGE FOUR 1 D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res. 02-C130 REQUESTING THE BOARD OF SUPERVISORS FO LOS ANGELES COUNTY TO RENDER Requesting C SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL Services MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 4, 2003. E. Human Resources Action Items were approved as follows: Hum Res Merit Increase and/or Regular Appointment: I. Fernandez,S. Kenoyer, D. Nguyen, V. Action Items Cross, and C. Kalscheuer. Reclassification: J. Jacobs, Director of Recreation and Family Services. F. The following Resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 02-C131 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warrants TO BE PAID. THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED JOINTLYAT 9:57 P.M. Cncl/CRA TO DISCUSS THE FOLLOWING: convene jntly JOINT CITY/AGENCY ITEM CONTINUED JOINT PUBLIC HEARING - on a proposed Disposition and Development Con't Pub Hr Agreement with SY Development Corporation. Moved by Councilmember/Director Chagnon, DDA Sy Dev seconded, by Councilman/Director Hardison and unanimously carried to continue the Joint Public Hearing to the meeting of November 4, 2002. THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONTINUED AT 9:58 P.M. THE CITY COUNCIL RECONVENED AT 9:59 P.M. ORDINANCES AND SPECIAURESOLUTIONS Councilmember Stanford offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADDING SECTION 30-103(D) TO ARTICLE IV, CHAPTER 30 OF THE AZUSA CITY MUNICIPAL CODE TO PROHIBIT THE DISCHARGE OF SAFE AND SANE FIREWORKS NORTH OF SIERRA MADRE AVENUE, BETWEEN TODD AVENUE ON THE WEST AND BARRANCA AVENUE ON THE EAST, WITH THE'EXCEPTION OF THE FOLLOWING STREETS, AVENIDA CONEJO, AVENIDA DEL LA SUERTA, CALLE DE LAS ESTRELLAS, CALLE DE LA LUNA, CALLS DEL SOL, CALLE DEL CIELO, DEBORAH AVENUE, HOLLIS AVENUE, BRIAN AVENUE, CRAIG ALLEN DRIVE, LORI ANN AVENUE, EDITH ANN DRIVE, VIRGINIA ANN DRIVE, TIMBERLINE DRIVE, STONE BROOK STREET, MONTECITO WAY, HIDDEN VALLEY DRIVE, SUNSET AVENUE, ASHBY STREET, BANCROFT STREET, CHANNING STREET, DURANT STREET, ELLSWORTH STREET, HILLTOP DRIVE, NOBHILL DRIVE, VIEWCREST DRIVE, VISTA DEL CIRCLE, CIRCLE DELL DRIVE, CLEARHAVEN DRIVE. Moved by Councilmember Stanford, seconded by Councilmember Rocha to waive further reading and adopt the Ordinance. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Convene CRA/Cncl reconvened Ord/Spec Re Ord 02-011 Prohibit discharge Fireworks No of Sierra Mad Certain areas It was consensus of Council to adjourn in memory of Mr. Perez, City Manager Rick Cole, father Adjourn 'in law, who passed away yesterday and in memory of Baby Lee Tapia, to November 13, 2002, 1 1 /13/02 in the Azusa Senior Center in order to conduct a Joint Workshop with Planning Commission on Azusa Senior Monrovia Nursery. Center gTIMEADJOU ENT: 10:00 P.M. CITY CLERK NEXT RESOLUTION NO. 2002-C132. NEXT ORDINANCE NO. 2002-012. 11/04/02 PAGE FIVE