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HomeMy WebLinkAboutMinutes - September 2, 2003 - CCPUBLIC PARTICIPATION Pub Part Michael]. Vlera, Ph.D. addressed Council and introduced himself as the new President of Citrus M. Viera College. PhD Mr. Art Ramirez, Chairman of the Azusa Golden Days Committee addressed Council requesting A. Ramirez waiver of fees in connection with Golden Days Events and provided an update on events and Golden Days fundraisers. He stated that there will be a fundraising Bingo Night on September 16"' at the Senior Center, they will be raffling two tickets to London and drawing will be held on the date of the parade. He asked that anyone who know any Korean veteran let him know as he would like them to ride In the parade. Mrs. Lorraine Somes Introduced honored Citizens Lyle Moritz and Michael Castaneda and announced that the Civic Honored Citizen is Captain Karen Pihlak. Mr. Burke Hamilton thanked all the people who support Azusa Golden Days and especially thanked 'Curtis Napier who will be coordinating the music for the celebration and raising funds for the cost. He stated that donations to Azusa Golden Days can be sent to: P.O. Box 244, Azusa. On Monday, October 6, 2003, they will be honoring Leo Nasser with a luncheon he detailed the event. Moved by Councilmember Stanford, seconded by Mayor Pro -Tem Rocha and carried to waive Golden Days fees in connection with Azusa Golden Days Events. Councilmmbers Hardison and Chagnon Fees Waived dissented. Library Assistant Karen Mingle, representing Friends of the Library invited Council and Friends of community to take a tour of historical building s in Azusa. She announced that the fundraising Library event will be held on Sunday, September 14, 2003, from Noon to 3 p.m. The Historic Glimpses tour begins at the Civic Auditorium on the corner of Dalton Avenue and Foothill Boulevard. Presale tickets are $8 and $10 at the door and the event is sponsored by Friends of the Library. Mr. Tony Inocentes addressed Council stating that last July he addressed Council bringing a T. Inocentes report that he found some problems at Azusa Land Reclamation and turned them over to the Comments City for investigation. He stated that as of last Thursday, Thermal Remediation Solutions was supposed to provide a written report on the issues regarding receiving hazardous waste materials at the site and they have not responded. He stated that he copied reports from the Water Quality Control Board, that show ALR and TRS have health problems with fugitive dust, etc. Mr. Seamus McKeever addressed Council expressing his opinion regarding the Council and how S. McKeever Mello -Roos has been used in the Mountain Cove Project. Comments Ms. Lana F. Grizzell addressed Council stating that she Is still involved with Azusans for L. Grizzell Responsible Growth and spoke about Glendora/Azusa with regard to Monrovia Nursery. She Comments too spoke about the issues with Mountain Cove residents and Mello -Roos. Peggy Martinez addressed Council reminding them about Bingo Night fundraiser for Azusa Golden Days Committee. She advised that the Downtown Business Association is sponsoring a Grand Opening for Quiznos on September 19'h, that there will be a Arts, Treasurer's and White Elephant Sale on Azusa Avenue on September 201", another Grand Opening of a Medical Clinic on San Gabriel Avenue, and the Center for International Trade Development who will be working with the Downtown Business Center with an office at Smart City Grinds. She stated that on September 3Uh they will be having a workshop on how to grow business with effective marketing. She urged people to stop at Esther's Treasurer's on Azusa Avenue and thanked Sandra Ruiz of CRA for all her help. REPORTS. UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Cal Trans Project Manager John Lee addressed Council and audience providing an update on Highway 39. He stated that In 1978 there was a mud slide on Highway 39 at Snow Spring and the road was closed to the public. There are two projects that will address the Issue: 'roadway rehabilitation and roadway reconstruction project. He stated that the rehabilitation will resurface the outer portion of the Snow Spring slide and It will include constructing retaining walls, repairing drainages and stabilizing the roadway and the project cost is approximately three million dollars and they are waiting for funds to be voted upon by the California Transportation Commission and the construction window is June to December of 2004. He stated that there are concerns regarding the State Budget and that the project may not get funded but that they will know more in October, 2003. He stated that with regard to roadway reconstruction, the project cost is estimated at 17 million, the planning finished and are currently in design phase, the environmental study has began and there will be a negative declaration. The design will finish In summer 2006 and complete reopening will be by summer of 2007. City Manager Cole advised that staff will prepare letters to the California Transportation Commission for the Mayor to sign on behalf of the Council. 09/02/03 PAGE TWO P. Martinez Comments Rpts/Updates Update Hwy 39 Cal Trans Project Manager John Lee Mayor Pro -Tem Rocha Introduced Ms. Sally Garcia, Mrs. Iverson and Ms. Lisa Sotela, whose Request sons are serving in Iraq. Mrs. Sally Garcia addressed Council stating that her son Joe is being Items needed deployed to Alaska. She challenged the City of Azusa to donate items needed by the By servicemen servicemen. Mrs. Iverson addressed Council stating that her son John Is stationed in Iraq Is a In Iraq mechanic and Is coming home on the 15`h of September, but he will be going back in October. She shared an e-mail with the audience about the conditions in Iraq at this time. Mrs. Lisa Sotela shared photo of her son Ricky Sotela who is also stationed In Iraq. She asked the community to continue to pray for and support the soldiers that are over there right now and asked the community not to forget them. Mayor Pro -Tem Rocha reiterated Items needed by servicemen in Iraq are: toilet paper, handy Rocha wipes, tooth brushes, disposable razors, sanitary napkins, etc. He stated that they are Comments challenging the veterans groups, school district and city employees to donate these items and Re: Items provided details of how they will be collected. He advised that boxes will be placed in strategic Needed for places within that city and will be forwarded to army personnel. He recognized Ricky Sotela, Servicemen Suzanne Avila, Ricky Esparza and other community members for help with the tree planting program. Assistant City Manager Person announced the Third Annual City Links Project to be held on Asst City Saturday, September 20, 2003. He stated that this is a partnership between the City of Azusa, Mgr Azusa Unified School District and Azusa Pacific University and this year Roberto's Mexican Food City Links will be joining the festivities and providing food. He stated that this year approximately 500 incoming APU freshman students will be working on the restoration of the San Gabriel River by going along the bike trail and clearing trash and debris. He introduced Tim Hooten of APU to provided additional details. Mr. Tim Hooten of Azusa Pacific University addressed the Issue and invited all to attend the City T. Hooten Links Program. He advised that they will begin with a Send-off from APU West Campus where APU Jon Wallace, President of APU, State and Local Dignitaries will address students and City Links community members. Students will then go to River area to clean up and be back by 12:30 p.m. to have a Festival which will include food from Roberto's, pony rides, free petting zoo, and other events. He announced that Mayor Pro -Tem Rocha will be honored at the event and a tree will be planted In his name for tree planting and teachings to the children of Azusa. Councilmember Chagnon addressed the issue of Code Enforcement suggestions that staff Chagnon review the Azusa Municipal Code to seek areas that need to be amendment to help to improve Comments quality of life issues. She requested that the Police Department and Community Development Department research the issue and come back to let Council know what tools they need to effectively enforce the code and/or suggest areas to amend the code by the first meeting in December. Moved by Councilmember Chagnon, seconded by Councilmember Stanford and unanimously Assist City carried to direct the Chief of Police and Community Development Director Bruckner to Mgr collaborate with the staff members that need to be involved in the research. Councllmember Chagnon thanked all for attending the City Council meeting and showing an Chagnon interest in City events and urged all to attend Azusa Golden Days, City Links, sidewalk sales, and Comments to visit the new business, B -Man on Alosta. She reminded all that school begins on Thursday and reminded all to slow down as many children will be coming to and from school. Mayor Pro -Tem Rocha too reminded drivers to slow down as school starts on September 4`" Rocha and I I`h. He invited all to join him in tree planting on Saturday, September &h in the area of Comments Brian and Virginia Avenue. He asked that the meeting be adjourned in memory of Candido Moronez. 09/02/03 PAGE THREE Counciimember Stanford stated that with regard to the Gold Line 11 extension, MTA and City of Stanford Los Angeles have not allowed others to participate In the planning, but, he will keep Council Comments updated. Mayor Madrid thanked and congratulated staff for bearing through the pressure of FERC and Mayor the outcome of the recent allegations against Azusa actions during the energy crisis. Comments City Manager Cole detailed reasons the City was put under scrutiny by FERC and how the City City Mgr was cleared of any wrong doing. Comments Mayor Madrid announced that there is a need to set another deadline to apply for City Boards Mayor and Commissions. The deadline was set for September 25" and staff was directed to let Comments current board members know that their terms will be extending until vacancies are filled. Brds &. Com 09/02/03 PAGE THREE 1 Community Development Director Bruckner introduced Mr. Jim Desera, owner of Peterson Com Dev Dir Auto Sales, stating that earlier this year Mr. Desera approached Council requesting to extend Update the amortization period for the following properties: 330, 336 &350W. Foothill Boulevard and Properties 638, 640, 642 8.644 Sunset Avenue. Council approved an eighteen month extension providing that he report back every six months on his efforts to market the property to residential developers. Mr. Jim Desera introduced Mr. Norm Saavy of Saavy Regal who addressed Council stating that J. Dessera no one was interested in developing retail, but, many were Interested in developing residential; & N. Saavy he detailed. He stated that they have been asking for information from staff regarding setbacks comments and density. He stated that he currently has a meeting scheduled with Project Manager Jose Amador of the City Redevelopment Agency with regards to the relocation of the batting cages. CONTINUED ITEMS Continued Items THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 8:58 Convene Jntly P.M. TO CONDUCT THE FOLLOWING JOINT PUBLIC HEARING: W/CRA City Attorney Carvalho responded to Councilmember Stanford's question recommending that Stanford & Councilmember Stanford recuse himself from staff presentation due to a conflict of interest with Chagnon regard to Azusa Pacific University as he receives a source of Income through his wife's Abstained from employment. Councilmember Chagnon also reclused herself due to a conflict of interest based proceedings on Information previously provided. Both stepped down from the dais. CONTINUED JOINT PUBLIC HEARING - on the amendment to the Central Business District and West End Redevelopment Projects and the proposed amendment to the Implementation Plan for the Projects. Economic/Redevelopment Director Hennessey addressed the issue providing a power point presentation on a brief overview of the process of amending the plan amendment, things that have been done and things that will be done in the future. He stated that the public hearing will be closed tonight and will be continued to the meeting of September 15t°, where they will respond to public testimony and the plan amendment will be presented and if approved will have first reading of an ordinance and will have second reading at the meeting of October 6`h He referred to a map that provided a graphic display of the changes that will be going on; he used the map to describe the changes to the properties that will added to the project area with and without the power of eminent domain. He stated that Redevelopment doesn't raise taxes or change zoning or change general plan, doesn't allow eminent domain on residential properties and doesn't allow eminent domain on all commercial properties. He stated that the plan that they are proposing allows eminent domain on seven specific commercial sites that are on several different parcels. He stated that many public agencies have the power of eminent domain, such as the State, School Districts, etc. and are used frequently, sometimes abused; laws have been amended and Improved to protect the property owners. He stated that eminent domain is used as a last resort and very expensive to use, but, It is sometimes necessary in order to prevent one property owner from preventing an entire project to go forward. He stated that eminent domain cannot be used by staff but by the City Council or Redevelopment Agency Board by a super majority vote.. Further, that property owners who sell due to eminent domain receive greater benefits than other property owners. He detailed what redevelopment does and has done for the community. He responded to question from Mayor Madrid regarding the voting process, stating that the voting to institute the project area with eminent domain could be approved by a simple majority of the Council, but, to use the power of eminent domain to acquire a piece of property take 4/5 vote of the Council. Joint Pub Hrg CRA Amend CBD & West End Redevelop Projects Dir CRA Hennessey Comments Mr. Jim Yenyo, owner of Wimpy's Pawn Shop addressed the issue stating that he has never J. Yenyo been in negotiations with the City, never provided any serious offers for his property, he has Comments only spoke to former Redevelopment Director John Andrews. He stated that he has never had any serious conversations with the City regarding the purchase of his property. He noted his opposition to eminent domain. Mr. John Lambrecht of Cardinal Church Furniture voiced his opinion against eminent domain. J. Lambrecht Mark Dickerson of Azusa Pacific University addressed the issue stating that all the rules stated M. Dickerson with regard to eminent domain do not apply to the property owned by APU and he requested Comments that their property be removed from the redevelopment plan. He spoke about certain language to make clear that having men's dorms separate from women's dorms or married student dorms separate from single student dorms will not be considered Inappropriate discrimination under the terms of the redevelopment plan, further he talked about language to make It clear that that kind of housing would not be considered inappropriate within the project boundaries. 09/02/03 PAGE FOUR Moved by Mayor Pro -Tem Rocha, seconded by Councilmember Hardison and unanimously Hrg closed carried to close the Public Hearing. Mayor Madrid announced that there was a letter received by LA County stating that the area of Mayor 9'h and Azusa does not meet the definition of "blight" and that it will be included as part of the Comments public record. City Manager Cole stated that there will be a report In two weeks and will go over the legal City Mgr requirements and either approve, change, or reject the amendment as submitted. Comments Mayor Madrid asked that an updated map be provided to her, and a document that matches Mayor property addresses with descriptions of summary of blighted condition areas and anything else Comments she needed to review. Mr. Hennessey responded stating that staff is preparing documents that are highlighted for Council and will also include reaction to all public testimony heard. City Attorney Carvalho asked Council to consider the Azusa Pacific University's request to be City Attorney removed from the Redevelopment Plan area and there was no motion to grant the request. Comments Further staff advised that they would deal with that Issue separately and administratively. Moved by Councilmember Stanford, seconded by Councilmember Hardison and unanimously Jnt Pub Hrg carried to continue the Joint Public Hearing to the meeting of September 15, 2003. Continued 9/15 THE REDEVELOPMENT AGENCY RECESSED AND THE CITY COUNCIL CONTINUED AT 9:31 CRA recessed P.M. SCHEDULED ITEMS Sched Items PUBLIC HEARING — on the Congestion Management Program (CMP) Local Implementation Pub Hrg Report. CMP 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 San Gabriel Valley Tribune on August 21, 2003. Community Development Director Bruckner addressed the Issue responding to questions posed Com Dev Dir -- by Mayor Madrid detailing the calculations regarding the 2003 local Implementation report. He Comments Istated that Congestion Management Program is overseen by MTA and the City has to comply with that and annually certify that the City is in compliance. Debits are conditioned upon new development, residential, commercial and industrial and then need to be balanced by credits by way of transportation improvements to reduce congestion. He detailed the types of credits the City has for this year verses the debits, which have been balanced out and the City is In compliance. He requested that the Resolution and implementation report be adopted. Mayor Madrid expressed concern regarding the lack of applicable mitigation strategies and City Manager Cole and Community Development Director Bruckner responded to her concerns. Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Rocha and unanimously Hrg Clsd carried to close the Public Hearing. Mayor Pro -Tem Rocha offered a Resolution entitled: A RESOUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, FINDING THE Res. 03-C68 CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) Conformance AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN ACCORDANCE WITH W/ CMP CALIFORNIA GOVERNMENT CODE SECTION 65089. Moved by Mayor Pro -Tem Rocha, seconded by Councilmember Stanford 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 VII -A through VII -J was approved by motion of Consent Cal Councilmember Hardison, seconded by Councilmember Stanford and unanimously carried, with Spec the exception of Items VII -C &VII -D, which was considered under the Special Call portion of the Call Agenda. Councilmember Chagnon abstained from Item VII -A, as she was not present at that Council meeting. , A. Minutes of the regular meeting of August 4, 2003, were approved as written. Min Appvd 09/02/03 PAGE FIVE B. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or Regular Appointments: C. Ponce, L. Fernandez, A. Garcia, V. Cross, 'Items R. Cabildo, D. Ramirez, J. Arias, S. Gonzales, S. Hunt, E. Sanchez, J. Tang, J. Toledo, J. Jacobs, R. Hart and J. Knowlton. Flexible Staffing Promotion: D. Nguyen, Senior Accountant, effective July 4, 2003. Separations: C. Crawford, Senior Services Manager, effective August 7, 2003. Lynn Dent, Line Mechanic, effective August 7, 2003. S. Goggins, Meter Reader, effective August 21, 2003. S. Noble, Water Utility Equipment Operator, effective June 19, 2003. C. SPECIAL CALL ITEM. Spec Call D. SPECIAL CALL ITEM. Spec Call E. The Los Angeles County Executive Advisory Committee (EAC) Consultant retention Agmt EAC Agreement with Los Angeles County Department of Public Works In the amount of $7,500, was approved and its execute was authorized. F. Authorization was given to approve the Budget Amendment to reduce estimated revenue Budget for motor vehicle license fees by $500,000 and to offset this reduction by General Fund Amend uncommitted fund balance. G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING THE Res. 03-C69 DESTRUCTION OF CERTAIN RECORDS IN THE CITY CLERK'S DEPARTMENT. Destr Rcds H. Authorization was given to award the contract to the lowest bidder, Pete & Sons Pete &Sons Construction, Inc. in the amount not to exceed $461,450.00 for furnishing and installing Underground underground electric substructures along Gladstone Streets as per plans and specification Electric for P project LD 2003-3. Structures The City Treasurer's Report as of July 31, 2003, was received and filed. Treas Rpt The following Resolution was approved and adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 03-C70 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warrants TO BE PAID. SPECIAL CALL ITEMS Spec Call Items Councilmember Hardison questioned whether Manhole Adjusting was the primary contractor Not of Comp for the project and staff answered yes. It was then moved by Councilmember Hardison, Manhole seconded by Councilmember Chagnon and unanimously carried to approve Project Completion Adjusting Notice for Pavement Management Plan Improvements in the amount of $654,064.99 and the Increase in the original contract with Manhole Adjusting, Inc., by $44,664.99 for the revised not -to -exceed amount of $654,069.99. Councilmember Hardison commented that although the City is saving money on the purchase Purchase of the BMW motorcycle, he requested that next time staff look into buying American, i.e. Harley BMW Davidson, and to see if they a program such as this. It was then moved by Councilmember Hardison, seconded by Councllmember Chagnon and unanimously carried to approve the purchase of one new BMW police motorcycle in the amount of $19,662.98, to replace one outgoing BMW motorcycle being traded In by the Police Department Traffic Division. THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 9:43 P.M. CRA cvned 'THE CITY COUNCIL RECONVENED AT 9:44 P.M. Rcnv Cncl Councllmember Stanford offered an Ordinance, as amended, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, AMENDING TITLE 88, Ord 03-05 ARTICLE Vlll. DIVISION 1, SECTION 88-1590(e) OF THE AZUSAMUNICIPAL CODE, ALLOWING Signs in FOR SIGNS IN THE CITY RIGHT-OF-WAY UNDER LIMITED CONDITIONS. City right - a -way 09/02/03 PAGE SIX Moved by Councilmember Stanford, seconded by Mayor Pro -Tem Rocha to waive further reading and adopt. Ordinance was adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: CHAGNON The Closed Session item regarding Real Property Negotiations for Block 36 was continued to Closes Sess September 15, 2003. Cont to 9/15 _ It was consensus of Councilmembers to adjourn In memory of Candelario Moronez and Alfred Adjourn In Santa Cruz. Memory C. Moronez &A. Santa Cruz TIME OF ADJOURNMENT: 9:45 P.M. NEXT RESOLUTION NO. 2003-C71. NEXT ORDINANCE NO. 2003-06. 09/02/03 PAGE SEVEN