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HomeMy WebLinkAboutMinutes - April 7, 2003 - CC11 1 CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, April 7, 2003 - 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 The entire Council presented of Certificates of Appreciation, Blue Stars, and Yellow Ribbons to Blue Stars the families of young men and women of Azusa serving in our Armed Forces as of March 2003. To Families The names of young men and women of Azusa serving in our armed forces are as follows: PFC Richard Sotela, 10th Mountain Unit, U.S. Army Sgt. Daniel Cisneros, Sr., Unit-HHT-1/1 - 18 CAV, U.S. Army Robert Flores, SSG 452D SFS, U.S. Army Sgt. Roger Lanuza, U.S. Army Sgt. Franklin Gamez, U.S. Army PFC Carlos R. Cartagena, U.S. Marines Sgt. Chadwick McKoewn, Special Forces, U.S. Army E.G. Arthur Granados, U.S. Navy Lance Cpl. Nicolas J. Padron, U.S. Marines HTFM Patrick Villa, U.S. Navy PFC Timothy Griego, U.S. Army E4 Augustine Curiel III, U.S. Navy GYSgT Jorge Chavarin, U.S.M.C. EN3 Michael Aguirre, Jr., U.S. Navy, U.S.S. Bridge AOE10 SN Brian J. Virden, U.S. Navy, USS Anchorage Staff Sgt. John Iverson, U.S. Army - Kuwait Lance Corporal Austin L. Ibarra, U.S.M.C. IMEF Airman Joe M. Garcia 111, U.S. Air Force Airman Abel Jimenez, U.S. Air Force E-3 DCFN Luis G. Rios, U.S. Navy, USS Constellation Staff Sgt. Rene Falcon, U.S. Air Force E2 John Sanchez III, U.S. Navy, USS Nimetz Airman James Edward Nigg, U.S. Navy Sgt. Moises P. Alcala, USMC Pvt. Angela Rausch, U.S. Army Master Sgt. Rick McMinn, U.S. Air Force Reserves The City Council presented certificates of recognition to St. Frances of Rome Varsity Basket ball Cert Basketb Team. I St Frances The City Council presented a gift of a City of Azusa jacket to Mr. Ralph Avila, a resident of Azusa Gift to R. as well as a recent retiree of the City of Azusa and they proclaimed the month of April as Parks Avila Make People Happy and Healthy, recognizing the work that Mr. Avila accomplished while Proc Parks employed as a member of the Parks Department. The City Council presented a proclamation to Director of Park Planning and Development Proc Arbor Noriega, proclaiming April 17 2003 as Arbor Day. Mr. Noriega invited all to Pioneer Park on Day - Ded that date as a tree will be planted and a plaque will be dedicated to former City Clerk Adolph A. A. Solis Solis in recognition for his service to the community. The City Council presented a proclamation members of AVSD, Human Relation Commission Proc C. Chav and City, in honor of Cesar Chavez and in celebration of the event a Mariachi Group performed to Council and audience. The City Council presented a proclamation to Nina Soltani of Rainbow Christian Pre -School proclaiming the week of April 7th through 12`h as Week of the Young Child. She invited all to Proc Week attend the celebration on April 12th at City Park. Of the Young Child The City Council presented a proclamation proclaiming the month of April as Child Abuse Prevention Month. Proc Child Abuse Month Mayor Madrid called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION was given by Pastor Jesse Aramburo of tlie:First Baptist Church of Azusa. 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, City Treasurer Macias, City Librarian Tovar, Director of Park Planning and Development Noriega, Director of Public Works Nakasone, Public Information Officer Quiroz, Interim Economic Development/Redevelopment Director Hennessey, City Engineer Abbaszadeh, City Clerk Mendoza, Deputy City Clerk Toscano. Moved by Councilmember Chagnon, seconded by Councilmember Hardison and unanimously carried to recess to Closed Session to the City Manager's Office, to discuss four Real Property Motion to Negotiations items as follows: Recess to Closed Sess CLOSED SESSION REAL PROPERTY NEGOTIATIONS (Government Code Section 54956.81. Property: 613 - 615 N. Azusa Avenue, Azusa CA 91 702 Real Prop Agency Negotiator: City Manager Rick Cole and Assistant City Manager Robert Person. 613-615 Negotiating Parties: Dr. Reyes Azusa Ave Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS - (Government Code Section 54956.8). Property: 617 N. Azusa Avenue, Azusa CA 91702 (Breezeway) Real Prop Agency Negotiator: City Manager Rick Cole and Assistant City Manager Robert Person. 617 N. Under Negotiation: Price and Terms of payment. Azusa Ave. REAL PROPERTY NEGOTIATIONS - (Government Code Section 54956.8). Real Prop Property: 619-621 N. Azusa Avenue, Azusa CA 91 702 619-621 Agency Negotiator: City Manager Rick Cole and Assistant City Manager Robert Person. Azusa Ave Under Negotiation: Price and Terms of payment. IThe City Council recessed at: 7:52 P.M. The City Council reconvened at 8:15 P.M. Councilmember Stanford advised that he has abstained from participation in the item regarding Recess/ Dr. Reyes, due to the possible conflict of interest as Dr. Reyes advertises in Mr. Stanford's Reconvened newspaper. There was no reportable action at this time, but, Closed Session was continued to No rpts the end of the meeting. PUBLIC PARTICIPATION Mr. Jack Lawrence, on behalf of the Azusa Greens Homeowners' Association, addressed Council detailing an issue that occurred between the City, Johnny Johnson, owner of Azusa Greens Golf Course, and the Homeowners' Association. He stated that Johnny Johnson filed a lawsuit against the Homeowners' Association and the City for not allowing him to build homes on Montecito Way; there were concerns regarding problems with the street, errant golf balls, etc. Through arbitration they were able to reach consensus, but, now, the lawsuit has been dropped and the problems with Montecito Way and golf balls still remain. 04/07/03 PAGE TWO City Manager Cole responded stating that there was indeed a lawsuit that went away, the Pub Part J. Lawrence Comments Closed Sess REAL PROPERTY NEGOTIATIONS - (Government Code Section 54956.8). Property: Northwest corner of Azusa Ave and Foothill Blvd, Azusa, CA 91702 Real Prop Agency Negotiator: City Manager Rick Cole and Assistant City Manager Robert Person. NW Corner Negotiating Parties: Tom Marshall Azusa & Under Negotiation: Price and Terms of payment. Foothill REAL PROPERTY NEGOTIATIONS (Government Code Section 54956.81. Property: 613 - 615 N. Azusa Avenue, Azusa CA 91 702 Real Prop Agency Negotiator: City Manager Rick Cole and Assistant City Manager Robert Person. 613-615 Negotiating Parties: Dr. Reyes Azusa Ave Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS - (Government Code Section 54956.8). Property: 617 N. Azusa Avenue, Azusa CA 91702 (Breezeway) Real Prop Agency Negotiator: City Manager Rick Cole and Assistant City Manager Robert Person. 617 N. Under Negotiation: Price and Terms of payment. Azusa Ave. REAL PROPERTY NEGOTIATIONS - (Government Code Section 54956.8). Real Prop Property: 619-621 N. Azusa Avenue, Azusa CA 91 702 619-621 Agency Negotiator: City Manager Rick Cole and Assistant City Manager Robert Person. Azusa Ave Under Negotiation: Price and Terms of payment. IThe City Council recessed at: 7:52 P.M. The City Council reconvened at 8:15 P.M. Councilmember Stanford advised that he has abstained from participation in the item regarding Recess/ Dr. Reyes, due to the possible conflict of interest as Dr. Reyes advertises in Mr. Stanford's Reconvened newspaper. There was no reportable action at this time, but, Closed Session was continued to No rpts the end of the meeting. PUBLIC PARTICIPATION Mr. Jack Lawrence, on behalf of the Azusa Greens Homeowners' Association, addressed Council detailing an issue that occurred between the City, Johnny Johnson, owner of Azusa Greens Golf Course, and the Homeowners' Association. He stated that Johnny Johnson filed a lawsuit against the Homeowners' Association and the City for not allowing him to build homes on Montecito Way; there were concerns regarding problems with the street, errant golf balls, etc. Through arbitration they were able to reach consensus, but, now, the lawsuit has been dropped and the problems with Montecito Way and golf balls still remain. 04/07/03 PAGE TWO City Manager Cole responded stating that there was indeed a lawsuit that went away, the Pub Part J. Lawrence Comments solution went away, and the problem remains. He stated that he would like to meet with Mr. City Mgr Lawrence and work on this problem. He then answered questions posed by Councilmember Response Stanford. Ms. Peggy Martinez of Downtown Business Association addressed Council thanking all who attended the Mariachi De Azusa Festival and all who supported them. She advised that two P. Martinez businesses will soon be coming into the Downtown area; Creative Quilts and Crafts and Frog Comments Pizza. Also there will be a Community Planning Office opening up in the Downtown Area. Mr. Michael Tyner addressed Council and expressed his opinion regarding the results of the referendum on the Monrovia Nursery Project. M. Tyner Comments ' Mr. Marl, Davis addressed Council expressing his opinion regarding the results of the referendum on the Monrovia Nursery Project and provided information regarding the M. Davis ordinances that were adopted. Comments Ms. Marie Kukula expressed her opinion regarding the results of the referendum regarding M. Kukula Monrovia Nursery Project. Comments Ms. Lana Grizzell expressed her opinion regarding the referendum on the Monrovia Nursery L. Grizzell Project. Ms. Renee Bergman addressed Council thanking them for the improvements on San Gabriel Canyon Road above Sierra Madre. R. Bergman Comments Ms. Mercedes Cortez addressed Council thanking them for approving the Monrovia Nursery Project. M. Cortez Comments Ms. Ruth Ann Griffin commended the Council for their work and for approving the Monrovia Nursery Project. R. Griffin Comments Ms. Nancy Gibson on behalf of the IGwanis and Ms. Olga Gonzales on behalf of Civitans addressed Council requesting that the deadline to apply for fireworks booths be waived as both N. Gibson of them did not file in a timely manner. They answered questions posed by Councilmembers IGwanis & that there are both existing groups that have held Fireworks Permits in the passed, but, both O. Gonzales missed the deadline this year. Civitans Fireworks After conferring with the City AttorneyCarvalho, City Manager Cole advised that he is denying their request, but, that they can file appeals at the next Council meeting, per Azusa Municipal City Mgr Code. Denied reque REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates City Manager Cole provided information regarding the Tax Review/Reform Task Force, advising that it will be a nine member review board to address, in summary as follows: the shortfall City Mgr between existing revenues and the current level of city services, particularly in light of the State Comments budget crisis, assess changing needs for additional city services, including Police and Library Tax Review/ staffing, and to review locally -controlled sources of revenue and recommend to Council a ballot Reform Task measure to increase revenue. The Task Force will be chaired by Uriel Macias and the members Force are as follows: David Amador, Carl Fonomaia, Inez Gutierrez, Marianne Miasnik, Paul Niccachian, Diane Pennington, Mark Ramirez, and Joan Singleton. City Attorney Carvalho addressed item regarding update on EI Patio Restaurant, stating that staff is moving forward on the owner's application to resolve the land use issue; the Community City Attny Development Department received a check to pay for the cost of processing the special request Update EI and a draft of the proposed agreement is being formed. Patio Director of Public Works Nakasone addressed item regarding update on Pavement Management Program stating that the program will run from April 8, 2003 through April 22, 2003. He introduced Mr. Tony Alvarado Western Pavement Management Association, who detailed the process of Pavement Management. He then answered questions posed by Council. Councilmember Stanford offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CIYF OF AZUSA, CALIFORNIA, APPOINTING REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS. 04/07/03 PAGE THREE Moved by Councilmember Stanford, seconded by Councilmember Chagnon to waive further Update Pavement Management Process Res. 03-C29 Appts to SGV Cog 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 Moved by Councilmember Stanford, seconded by Councilmember Chagnon and unanimously carried that Mayor Cristina Madrid be appointed to the LA Works Board of Directors as Mayor Rep representative for the City of Azusa. LA Works I Councilmember Chagnon thanked Mayor Pro -Tem Rocha for all his help with the disbursement 1 of the Blue Stars and for his participation in the Azusa Blue Star Program. She also thanked Chagnon ProForma Printing for donating the Blue Star forms. She thanked Director of Public Works Bill Comments i Nakasone for the work on Cerritos, north of Gladstone, the decorative pavement that has been installed. He noted that the credit goes to Victor Padilla and his crew. She reminded all to attend the Arbor Day celebration on April 17"' at Pioneer Park and that Adolph Solis, former City Clerk will be honored with the planting of a tree in his name. Mayor Pro -Tem Rocha thanked Peggy Martinez for the successful Mariachi Festival that was held over the weekend. He also thanked Angel Chavez who brought over 30 JV Baseball player Rocha to help with the tree planting project on April 5' on Cerritos; they planted about ten trees in Comments two hours. He thanked Bill Sena for donating banners that say "We Support Our Troops" that they will use in recognition celebrations. He asked that the meeting be adjourned in memory of Johnny Sanchez, a great man, an Azusan and former City employee. Councilmember Hardison thanked Nasser Abbaszadeh, City Engineer and Bill Nakasone, Director of Public Works for the north end project. Hardison Comments Councilmember Stanford congratulated Peggy Martinez for the success of the Mariachi Festival, and a special thanks to the City Treasurer Uriel Macias, who was the MC and also sang a song Stanford the for event. He expressed his happiness over seeing the auditorium filled with families of Comments Azusa serving our Country. He talked about the fact that Azusa adopted the 2nd battalion, r Marine regiment. ' Mayor Madrid reminded all to attend the Citizens Congress on Saturday, from 8:45 a.m. to 12:00 noon at the Azusa Senior Center regarding the draft General Plan. She also reminded all Madrid to attend the celebration of Year of the Young Child at City Park, and lastly, the Hazardous Comments Water Recycling Program to be held at Northrup/Grumman. The CONSENT CALENDAR consisting of Items V-A through V -O was approved by motion of Councilmember Chagnon, seconded by Mayor Pro -Tem Rocha and unanimously carried, with Consent Cal the exception of VF, H, L, and M , which were considered under the Special Call portion of the Spec Call Agenda. V -F, H, L, M A. Minutes of the regular meeting of March 17, 2003, were approved as written. Min appvd B. Human Resources Action Items were approved as follows: Merit Increase and/or regular appointment: L. Onaga, M. Diaz, and M. De Lano. Hum Res Item Promotional Appointment: F. Chavez, Police Lieutenant, effective April 8, 2003. C. The Financial Statement for Year Ended June 30, 2002, for the Multifamily Housing Program, $19,515,000 Multifamily Housing Revenue Refunding Bonds, Series 1994, were Financial received and filed. (Mayor asked why the City is not in compliance, it will be discussed at Stmt another time). D. Bid Award for the purchase of Community Development Department vehicles was ' awarded to West Covina Motors/Clippinger Chevrolet for the purchase of four pickup Purchase trucks and one sport utility vehicle for the Building and Community Improvement Vehicles Divisions. Com Dev E. Approval was given to for the installation of four-way stop signs on Sunset at Sixth Street. Install 4 F. SPECIAL CALL ITEM. stop Spec Call G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHROIZING TEMPORARY CONTINUATION OF BENEFITS AND SALARY FOR EMPLOYEES CALLED TO Res. 03-C30 ACTIVE MILITARY DUTY IN SUPPORT OF "OPERATION ENDURING FREEDOM". Temp Bene Military duty ' 04/07/03 PAGE FOUR H. Approval was given to adopt a support position for Legislation for anew Statewide Library Bond Act, SB 40, AB222 and authorization was given to the Mayor to sign a letter in Letter in support of SB 40 to members of the Senate Appropriations Committee and to sign a letter Support in support of AB 222 to be sent to members of the Assembly Local Government SB 40 Committee. &AB 222 1. The increase in the Public Works Department purchase orders for Traffic Signals Maintenance, Plan Check Services and Plans Reproductions were approved. An increase Inc P.O.'s of $30,000 in the traffic signal maintenance, $35,000 in plan check services and $2,000 in PW Dept reproduction services. iJ. Request of an increase in the blanket purchase order for Workers' Compensation claims II expense account in the amount of $100,000, was approved for a total new amount of Inc P.O.'s '$350,000. Wkrs Comp K. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE ANNUAL ASSESSMENTS FOR A CITY OF AZUSA LANDSCAPING Res. 03-01 AND LIGHTING ASSESSMENT DISTRICT NO. 1 (COMMUNITY MAINTENANCE FEE) FOR Com Maint FISCAL YEAR 2003-04 AND ORDERING THE PREPARATION AND FILING OF AN Fee ENGINEER'S REPORT IN ACCORDANCE THEREWITH FOR THE PUBLIC HEARING ON MAY PH 5/5/03 5. 2003. L. SPECIAL CALL ITEM. M. SPECIAL CALL ITEM. N. Request for a purchase order to purchase a picnic shelter and BBQ from Sadie Construction in the amount of $20,546.93, was approved. Approval was also given to enter into a contract agreement with Malibu Pacific, Inc. to install said picnic shelter and BBQ and to purchase picnic tables, concrete pads and the cost of installation labor in the amount of $23,700.00, at Veteran's Freedom Park. Total project cost is $44,246.93. O. The following Resolution was approved and adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. SPECIAL CALL ITEMS Mayor Pro -Tem Rocha addressed item regarding City Manager Contract/Compensation, calling attention to section #8 a. City Manager and City Council Responsibilities, specifically section as follows: "The City Manager shall only implement that City Council policy which is approved by a majority vote of the City Council. The City Manager shall not take action to implement any action or participate in any activity concerning City policy without direction in the form of a majority vote of the Council". Mr. Rocha apologized to his four colleagues for not following this policy in the past. He requested that City Manager Cole make a commitment to him and he would make a commitment to the City Manager to remind him of the policy #8a, when needed. He also noted the following to be included in the reminder: "The City Manager shall keep all members of the City Council informed of his progress in implementing City policy and shall ensure that all members of the City Council receive copies of all written work product, information or correspondence concerning City business requested by any one or more members of the Council". City Manager Cole responded stating that he too apologizes when he does not comply with the policies as noted. Moved by Councilmember Stanford, seconded by Councilmember Chagnon and unanimously carried to approve the City Manager Employment Agreement and salary increase. ' Mayor Pro -Tem Rocha addressed item regarding a License Agreement between the City and property owner Larry D. Sutton to install and maintain a decorative masonry block wall across the rear of the property at 145 S. Ranburn Avenue, and to install and maintain signage identifying the City of Azusa on the Citrus Avenue side of the block wall visible to motorists iexiting the East -bound 210 Freeway at Citrus Avenue. He noted that the License Agreement is binding for twenty years, but, asked if the agreement runs with the land. City Attorney Carvalho responded that yes, on page 3, 3.10 of the Agreement states that the covenant runs with the land. She also recommended that the License Agreement be recorded. City Manager Cole noted that thanks go to Community Improvement Manager Rudisel and his staff for bringing this project together. It was consensus of Councilmembers that a provision be added to give either party the opportunity to renew the agreement after twenty years. 04/07/03 PAGE FIVE Moved by Councilmember Stanford, seconded by Councilmember Chagnon and unanimously Spec Call Spec Call Picnic Shelter, BBQ Veteran's Freedom Park Res. 03-02 Warrants Spec Call Item Rocha Comments City Mgr Contract City Mgr Contract app License Agm L. Sutton carried to approve a License Agreement between the City of Azusa and private property owner Larry D. Sutton and authorize the City Manager to execute the agreement. Mayor Pro -Tem Rocha addressed item regarding the purchase of 15 new Park Drinking fountains requesting that a drinking fountain be installed in the front side of City Hall where there was one originally near the West Wing. City Manager Person responded stating that the 15 fountains that are being purchased are to replace existing ones, but, that he would place the request into the workplan for 2003-04. Moved by Councilmember Stanford, seconded by Councilmember Chagnon and unanimously carried to approve a purchase order with Azusa Wholesale Plumbing for fifteen (15) new park drinking fountains to replace non -ADA accessible fixtures at various parks, in the amount of ' $24,994.25. THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONTINUED AT 9:30 P.M. THE CITY COUNCIL RECONVENED AT 9:31 P.M. It was consensus of Councilmembers to recess to Closed Session to discuss the following: License Agm L. Sutton Approved Rocha Comments Asst City Mg Response Azusa Whole Plumbing pu 15 drinking fountains Convene CRA Reconvene C Closed Sess CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (Gov. Code Sec. 54956.9 (a)l. Southern California Edison Co. v. City of Azusa, et.al. Case Number BC 281408. Edison v. City CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov. Code Sec. 54956.9 (c IIrvin Rubin, et al. v. City of Burbank, Case Number: Supreme Court of California No. S 110765. Amicus Brief Rubin CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov. Code Sec. 54956.9 (a)). City of Arcadia, et al v. California Regional Water Quality Control Board Los Angeles Region: Arcadia v. Los Angeles County Superior Court Case No. BS080548. Ca Regional Water Brd The City Council recessed at: 9:31 p.m. The City Council reconvened at 10:13 p.m. Recess Reconvened City Attorney Carvalho reported that the Council voted 5-0 to support the Amicus Brief with regard to Irvin Rubin, et al. v. City of Burbank. City Attny Reports The City Council convened jointly with the Redevelopment Agency to discuss the following: JOINT PUBLIC HEARING — regarding a Disposition and Development Agreement by and between the City of Azusa Redevelopment Agency and Dr. Ralph Reyes and Jeanine E. Reyes for Joint Public the Redevelopment Agency Property located at 613-615 N. Azusa Avenue: Downtown Hearing Redevelopment Project Area. Reyes The Mayor declared the Joint Public Hearing open. The City Clerk read the proof of publication of notice of said hearing published in the Azusa Herald on March 27, 2003. Hrg open Testimony was solicited, but, none was received. Testimony/no It was consensus of Council to continue the Public Hearing to the meeting of April 21, 2003. Hrg cont. 4/2 It was consensus of Councilmembers to adjourn in memory of Johnny Sanchez. Adjourn in Memory Johnny Sanch I TIME OF ADJOURNMENT: 10:14 P.M. NEXT RESOLUTION NO. 2003-C33. NEXT ORDINANCE NO. 2003-04. 04/07/03 PAGE SIX