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HomeMy WebLinkAboutMinutes - July 21, 2003 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, JULY 21, 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. Moved by Councilmember Chagnon, seconded by Councilmember Stanford and unanimously Item VI -C carried that item VI -C, proposed contract with Julie Gutierrez for the position of Deputy City Moved Into Manager, be moved into Closed Session under Government Code Section 54957, Personnel Closed Sess Matter, Public Employment Appointment. It was consensus of Council to recess to Closed Session to discuss the following: CLOSED SESSION Conference with Legal Counsel — Potential Litigation (Gov. Code Sec 54956.9 (b)) One Case. Real Prooerty Negotiations (Gov. Code Sec. 54956.8) Property Address: Block 36 (Foothill Blvd., Azusa Ave., 6'h St., Alameda Ave.) Agency Negotiators: City Manager Cole and Assistant City Manager Person Under Negotiations: Price and Terms of Payment Personnel Matter Public Employment Gov. Code Sec. 54957. Title: Deputy City Manager The City Council recessed to Closed Session at: 6:33 p.m. The City Council reconvened at: 7:30 p.m. City Attorney Carvalho advised that Council took action on a 5-0 vote to authorize the City Attorney to seek Court Ordered Receivership against the Owner(s) Heirs of 524 W. 6th Street, regarding the estate of Raul Gonzales. With regard to Real Property Negotiations Item, Council took action on a 5-0 vote to authorize the Economic/Redevelopment Director Hennessey to come back with recommendations regarding Exclusive Rights to Negotiate. With regard to item VI -C, Contract with Julie Gutierrez to carry out the duties of Deputy City Manager, direction was given to the City Manager and City Attorney to complete negotiations and make an offer of employment. Councilmember Chagnon and Mayor Pro -Tem Rocha dissenting. Mayor Madrid called the meeting to order and led in the Salute to the Flag. INVOCATION was given by Reverend Rick MacDonald of the Christian Family Center ' ROLL CALL PRESENT: ABSENT: ALSO PRESENT: COUNCILMEMBERS: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID NONE City Attorney Carvalho, City Manager Cole, Assistant City Manager Person, Chief of Police Davis, Assistant Director of Utilities Kalscheuer, Police Officer Montague, Director of Utilities Hsu; --City Treasurer Macias, Community Development Director Bruckner, City Engineer Ab6asiadeh, Director of Public Works Nakasone, City Clerk Mendoza, Deputy City Clerk "M� . Toscano. Closed Sess Con w/ Legal Cncl Real Prop Neg Block 36 Personnel Matter Recess Reconvened Reports from Closed Session Call to Order Invocation Roll Call Also Present PUBLIC PARTICIPATION Mrs. Rosemary Salce of the Azusa Golden Days Committee addressed Council announcing that the Committee is having a Turnaround at Buffalo Bills on August 23`d, at a cost of $20 per person, for further information contact Elaine Dominguez, at 969-5374. They are accepting parade applications and they can be obtained at Park and Recreation; they are looking for children entertainment for the Free Family Festival, call Rosemary at 334-1707. The Theme is "Azusa Through a Child's Eyes. Mrs. Lorraine Somes, Hospitality Chairman reminded all that nominating forms are out for honored citizens, for the parade and for theme for next year. She noted the requirements for honored citizens are: 60 years, lived in Azusa 25 years or longer and has served the community in some volunteer way. She noted that applications can be obtained at the Senior Center, Library, City Hall and Recreation Department. Ms. Suzanne Avila River Projects Coordinator addressed Council and invited all to the tree planting event on Thursday, July 31, 2003, in conjunction with LA County. She stated that there will be many volunteers, Azusa tree planters and two Boy Scout Groups and trees will be planted along the river. She also invited all to attend a community meeting to receive an update on River Projects on Monday, July 28, 2003, at the Church of Latter Day Saints, at 1645 N. San Gabriel Canyon Road. Pub Part Rosemary Salce Lorraine Somes Golden days Suzanne Avila Invitation Mr. Art Morales addressed Council stating that there is a need for more police officers in the Art Morales City of Azusa, noting that there is much crime in the city. He advised that notices regarding Comments dog licenses were recently sent out and the dates were wrong. Mr. Michael Tyner addressed Council expressing his opinion regarding certain Council M. Tyner members. Comments Mayor Pro -Tem Rocha read into record the City policy on decorum at Council Meetings, J. Rocha specifically for non -agenda items for public participation. He reminded speakers that this is a Comments business meeting for formal city business and asked that no personal attacks take place. Ms. Marie Kukula addressed Council expressing her concerns on what is going on in the world M. Kukula and in Azusa, specifically weapons of mass destructions. Comments Mr. Seamus McKeever addressed Council expressing his opinion on first amendment rights, S. McKeever imperialism, and he requested donations to help with their referendum efforts against Monrovia Comments Nursery. Ms. Lana Grizzell addressed Council expressing her opinion on freedom of speech and L. Grizzell requested donations for their cause regarding the referendum against Monrovia Nursery. Comments Mayor Pro -Tem Rocha reiterated that personal attacks are not conducive of the City Council's J. Rocha decorum for public meetings and looked to the City Attorney for advise and she concurred. He Comments read Into the record other parts of ordinance regarding Council/public decorum at meetings. REPORTS. UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Director of Utilities Hsu provided an update on the complaint against Thermal Remediation Solutions (TRS). He advised that he did research on the issue beginning with Azusa, which in 1994 Azusa Land Reclamation came to Planning Commission and received a Precise Plan of design which stated the operation met the City's land use requirements and that it would not impact the property in the neighborhood. With regard to chemical treated or soils to be treated on the facility that was subject to federal regulations. The California Regional Water Quality Board and the South Coast Air Quality Management Board were the two agencies that oversee those issues and Azusa Land Reclamation had to receive the permit from them. He reminded Council that he is still doing research on the matter and this was an update on the complaint received at the last Council meeting. He then answered questions posed by Councilmembers and each Councilmember offered their concerns on the issue. Mr. Hsu advised that the drinking water in Azusa is good and safe. Rpts/Updates Dir of Util Update on Complaint Against TRS Councilmember Chagnon invited all to attend the Tax Reform Public Meeting on Thursday, July Chagnon 24, 2003, at the Azusa Auditorium located at 213 East Foothill Boulevard. Comments City Treasurer Macias invited all to attend the Tax Reform Public Meeting and provide input on CityTreas how to cut cost and increase revenues In the City. Comments 07/21/03 PAGE TWO Mayor Pro -Tem Rocha announced that on Wednesday, August 6, 2003 at 6:00 p.m., there will Rocha be an evening with Susan McDougal "The Woman Who Wouldn't Talk" at the home of Nancy Comments Russell at 409 N. Cedar Drive, in Covina. Flyers are available at the City Clerk's Office. He also advised that on Friday, he had the chance to spend time with many seniors from throughout the Country and Canada and they cleaned up the parcel on Azusa Avenue and Newburgh. He asked that the meeting be adjourned in memory of Maria Quintana a ninety-nine year resident of the City and sent condolences to Henry Quintana. Councilmember Stanford announced that the dedication of Gold Line, is this weekend and that Stanford the Construction Authority cancelled the meeting with the cities regarding Gold Line IL Comments Mayor Madrid welcomed all to the meeting, wished all a great summer. Item IX regarding proposed Ordinance Levying Special Taxes In CFD No. 2002-1, Mountain Cove was brought forward for handling at this time. City Manager Cole addressed the item, first, welcoming the residents of Mountain Cove. He detailed the complaints he has received from residents of Mountain Cove regarding the levying of Special Taxes and stated that the majority of the residents want to know what's being done, why it is being done, and why It's being done now. He detailed the process for property tax allocations and how they are used, noting that only $.16 out of every property tax dollar goes to the City of Azusa. He then stated that the property tax that is being paid by new and existing residents will pay for Police, Fire, electricity, etc., which help underwrite the cost of running the city; every resident pays into that. He detailed and explained what Mello Roos and Community Facility District are and described what the developer chose for the Mountain Cove Development and also chose that homebuyers would pay for services, which would be disclosed to them. He stated that the City Is now in the process of implementing the bonds which have already been sold. He noted that the City has until August 1 Oth to file the next step with the County Assessors and could push the approval to the August 4"' meeting until homeowners are made aware of the process. He responded to questions from Councllmembers stating that staff would set up a meeting with Mountain Cove residents, preferably at the Mountain Cove Club House to discuss the issue. Mr. Patrick Mallon addressed the Issue requesting that Council withhold action on this item until the City furnishes the residents of Mountain Cove with an explanation as to the purpose of the Community Facilities District, what the tax levy will provide, and an explanation to the methodology for the levying distribution. He detailed the process when he purchased his home and stated that he was not told that there was a tax district in their area only minor references to a Special Tax District. He noted that he never voted on this issue and questioned the process and other specific areas regarding the Tax Levy. Madrid Item brt fwrd Ordinance City Mgr Comments P. Mallon Comments City Manager Cole explained the election process that took place on October 21, 2002 which City Mgr was voted on by the property owner, which was Standard Pacific, he detailed. He reminded all Comments that the County of Los Angeles received the majority of property taxes and that the City of Azusa received only $.16 on the dollar. Mr. Mark Martin addressed Council asking if the property owner has the opportunity to payoff M. Martin the debt sooner than noted. Comments Mr. Michael Williams, Financial Advisor, responded stating that he does not know of a provision M. Williams to allow pay off, but, will gladly review the documents regarding this issue. Comments Mr. Chris Terosi addressed the issue asking where is the City's responsibility is in this and that C. Terosi they should share a part in this tax. City Manager Cole responded noting that the residents of Comments Mountain Cove will be utilizing City facilities. Mr. Steve Molina addressed Council stating that their tax burden is already high and he noted S. Molina how he calculated this with regard to his personal finances. Comments Moved by Councilmember Stanford, seconded by Councilmember Chagnon and unanimously Levying Spec carried to continue the second reading of proposed ordinance levying special taxes within the Taxes Mtn City of Azusa Community Facilities District No. 2002-1, Mountain Cove, to the meeting of Cove con't August 4, 2003. 8/4/03 SCHEDULED ITEMS PUBLIC HEARING — to consider Adjustment in Water Rates. Sched Items Pub Hrg Water Rate The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication Adjustment of notice of said Hearing published In the Azusa Herald on July 10, 2003. Hrg open 07/21/03 PAGE THREE u Director of Utilities Hsu addressed the Hearing stating that the City faces a number of Dir of Util upcoming projects for capital improvement and there is a need to consider a 4.35% adjustment Comments in water rates. The projects include distribution main upgrades, various underground pipeline replacements, booster pump upgrades, reservoir rehabilitation and design work on a new water treatment plant. He provided a power point presentation regarding projections for the next five years, noting the projections with no rate increase and the operating projections with the 4.35% Increase, and answered questions posed by Councilmembers. Mr. Art Morales addressed the Issue suggesting that the City utilized the roll over from Azusa A. Morales Valley Water Company. Comments Director of Utilities Hsu explained the process with regard to the purchase of water and water Dir of Util rights and the different entitles that are involved. Comments Moved by Councilmember Stanford, seconded by Councilmember 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 AMENDING THE SCHEDULE Res. 03-C60 OF WATER RATES AND CHARGES FOR THE AZUSA LIGHT AND WATER DEPARTMENT. Appvg Wtr Rate Adjust Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Rocha to waive further reading and adopt. Resolution passed and adopted by the following vote f the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The CONSENT CALENDAR consisting of Items V-A through V -L was approved by motion of Consent Cal Councilmember Chagnon, seconded by Mayor Pro -Tem Rocha and unanimously carried, with V -D, F, H, & K the exception of items V -D, F, H, and K, which was considered under the Special Call portion of Spec Call the Agenda. Item V-1 was removed from the Agenda. A. Minutes of the regular meeting of July 8, 2003, were approved as written. Min Appvd B. Approval was given to award the contract for Sewer and Storm Drain Upgrades to Andrew Storm Drain Papac ✓i Sons in the amount of $1,080,648 and further to amend the current Capital Upgrades Improvement Project budget by $1,238,000 from Sewer Fund. Papac &Sons C. The City Treasurer's Report as of June 30, 2003, was received and filed. Treas Rpt D. SPECIAL CALL ITEM. Spec Call E. Approval was given to award the Memorial Park HVAC Replacements project to Air Ex Inc., Mem Pk HVAC in the amount of $37,692. Air Ex Inc. F. SPECIAL CALL Spec Call G. Authorization was given to approve the renewal agreement with LA Works for 2003/2004 Agmt w/LA Fiscal Year. Works H. SPECIAL CALL ITEM. Spec Call 1. Authorization was given to solicit Request for Proposal/Qualifications for Inspection RFP/Q slurry services for both the slurry seal application and cape seal application portion of the Year & cape seal #2 FY 2003-2004 Pavement Management Improvement Project. THIS ITEM WAS Removed from REMOVED/DELETED FROM THE AGENDA. Agenda J. Agreement with the California State Department of Transportation for the maintenance of Landscape Mt landscaping within the State Highway right of way was approved. CalTrans K. SPECIAL CALL ITEM. Spec Call L. The following Resolution was approved and adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 03-C61 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warrants TO BE PAID. 07/21/03 PAGE FOUR SPECIAL CALL ITEMS Councilmember Chagnon addressed Item regarding Final Tract Map Number 52992 for Parkside 11, stating that when this item was approved one condition was that the applicant was going give the City 3.22 acres of land, another condition was that the applicant would pay the Planning Division a thousand dollars per residential unit and also a provision for Recreation and Parks to receive a sum of money for land. She noted that now that the tract map is up for consideration they are requesting that condition regarding the Parks, and Recreations as well as planning requiring park -in -lieu fees, be waived since substantial compliance has bee made with the 3.22 acre park dedication. She asked that Council reconsider this request and deny the applicant's request due to the fact that when the Item was approved the applicant was willing to comply with the conditions. She asked that the map be approved, but that the request to have conditions waived be denied. Community Development Director Bruckner addressed Council detailing the issue as it evolved; first noting that Planning Commission required the developer cut back the units from 34 to 26, and the Developer thought he could make it up by renegotiating with the land owner, the Sanitation District, however he was not successful. He is now asking the City to waive the park and lieu fees. City Manager Cole provided additional information regarding other areas the developer had to comply with from the City. Spec Call Items Tract Map Number 52992 Parkside 11 Staff Comments Moved by Councilmember. Chagnon, seconded by Mayor Pro -Tem Rocha and carried to Final Tract approve Final Tract Map Number 52992 for Parkside 11, and to deny the request that any Map approved conditions of approval for the project be waived. Councilmember Stanford and Councilmember No waiver on Hardison dissenting. Conditions Councilmember Chagnon addressed item regarding the Reimbursement Agreement between Legacy Homes for the cost of extraordinary legal services pertaining to the development of Parkside II development, noting that corrections have been made i.e. date has been changed and map has included. Moved by Councilmember Hardison, seconded Councilmember Stanford and unanimously carried to approve the Reimbursement Agreement pertaining to the reimbursement of extraordinary legal fees incurred by the development of Parkside IL Mayor Pro -Tem Rocha addressed street sweeping services with Athens Disposal stating that in the contract it states that during the fall months the street sweeping will be swept one a week; he noted a couple of alleys that have not been or are rarely swept, east of Pasadena that connect third street and Hollyvale and off that alley that run east and west, he asked that those alleys get swept. The item was referred to Public Works for handling. Chagnon Comments Rmbrsmt Agmt Rmbrsmt Agmt Parkside Approved Rocha Comments Street sweep Moved by Councilmember Hardison, seconded by Councilmember Stanford and unanimously Street Sweep carried to authorize a one year contract extension for street sweeping services with Athens Athens Disp Disposal which includes a 2.9% rate increase based on the Consumer Price Index. Approved Councilmember Hardison addressed item regarding the purchase of seven new black and white vehicles stating that he would like to remind staff to salvage any vehicle that could be used as a pool vehicle instead of just auctioning it off. Moved by Councilmember Hardison, seconded by Councilmember Stanford and unanimously Purchase 7 carried to approve the purchase of Ford Crown Victoria black and white police vehicles from Black & whites Pasadena Ford, in an amount not -to -exceed $166,740, based on a competitive bid process Approved completed by the City of Los Angeles. THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 9:37 P.M. Convene CRA THE CITY COUNCIL RECONVENED AT 9:38 P.M. Rcnv Cncl THE CITY COUNCIL CONVENED JOINTLY WITH THE AZUSA PUBLIC FINANCING AUTHORITY Cncl convened AT 9:39 P.M. TO DISCUSS THE FOLLOWING ITEM: Jntly APFA Approval of Debt Financing Documentation Associated with the Proposed Financing through Financing Authority of Resource Efficiency of California (FARECal) in Connection with City's Electric and Water System Capital Improvements Projects. Director of Utilities Hsu addressed the Hearing stating that there are three series of Bond for consideration; Series A is for Refunding Water Bond, Series B is the Tax Exempt portion of the Azusa Substation which total cost is close to 10 million; Azusa's portion is 4 million, and there Is a need to connect to Edison facilities and those finances have to be taxable which Is Series C is series. He then answered questions posed by Councilmembers. 07/21/03 PAGE FIVE Debt Fin Docs FARECal Electric & Wtr Dir of Utilities Comments Councilmember Hardison offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, (1) APPROVING Res. 03-C62 THE ISSUANCE OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT OF Re: Debt FARECAL AND THE EXECUTION OF TWO TRUST AGREEMENTS, (11) APPROVING AND Financing AUTHORIZING THE EXECUTION AND DELIVERY OF (A) INSTALLMENT SALE AGREEMENTS, (B) FARECal CONTINUING DISCLOSURE AGREEMENTS, (C) AN ESCROW AGREEMENT, AND (D) Electric & DOCUMENTS TO TERMINATE A RESERVE FUND AGREEMENT AND REVISE A DEBT SERVICE Water DEPOSIT AGREEMENT, AND (III) AUTHORIZING CERTAIN OTHER ACTIONS, ALL IN CONNECTION WITH FARECAL'S CERTIFICATES OF PARTICIPATION TO FINANCE CERTAIN IMPROVEMENTS TO THE CITY'S ELECTRIC UTILITY SYSTEM AND TO REFUND CERTAIN OUTSTANDING INDEBTEDNESS RELATED TO THE CITY'S WATER UTILITY SYSTEM. Moved by Councilmember Hardison, seconded by Mayor Pro -Tem 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 Director Chagnon offered a Resolution entitled: A RESOLUTION OF THE AZUSA PUBLIC FINANCING AUTHORITY APPROVING THE EXECUTION Res. 03-P2 AND DELIVERY OF(]) AN ESCROW AGREEMENT AND (11) DOCUMENTS TO REVISE A RESERVE Certof FUND AGREEMENT AND DEBT SERVICE DEPOSITION AGREEMENT, AND AUTHORIZING Participation CERTAIN OTHER ACTIONS, ALL IN CONNECTION WITH FARECAL'S OUTSTANDING INDEBTEDNESS RELATED TO AZUSA'S WATER UTILITY SYSTEM. Moved by Director Chagnon seconded by Director Stanford to waive further reading and adopt. Resolution passed and adopted by the following vote of the Authority: AYES: DIRECTORS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE THE CITY COUNCIL RECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY Cncl recess 'CONTINUED AT 9:45 P.M. APFA cont THE CITY COUNCIL RECONVENED AT 9:46 P.M. Cncl rcvnd It was consensus of Councilmembers to adjourn in memory of Maria Quintana and condolences Adjourn to her son Henry Quintana. TIME OF ADJOURNMENT: 9:46 P.M. TY CLERK NEXT RESOLUTION NO. 2003-C63. NEXT ORDINANCE NO. 2003-04. 07/21/03 PAGE SIX