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HomeMy WebLinkAboutMinutes - September 15, 2003 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, SEPTEMBER 15, 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. It was consensus of Council to recess to Closed Session to discuss the following: CLOSED SESSION Closed Sess REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Address: Block 36 (Foothill Blvd., Azusa Ave., 6" St., Alameda Ave.) Block 36 Agency Negotiators: City Manager Cole, Assistant City Manager Person and Foothill Economic/Redevelopment Director Hennessey 6`" & Under Negotiation: Price and Terms of Payment Alameda CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Gov. Code Sec. 54956.9(a)) Litigation Name of Case: Frances Loera v. City of Azusa Loera vs 'Court Name: Los Angeles County Superior City Court Case No.: KC040470. The City Council recessed to Closed Session at: 6:30 p.m. Recess The City Council reconvened at: 7:30 p.m. Reconvened City Attorney Carvalho of BBK advised that there was no reportable action taken in Closed Session. Mayor Madrid called the meeting to order and led in the Salute to the Flag. Call to Order INVOATION was given by Samuel Martinez of the Christian Faith Center of the Valley. 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, Deputy City Manager Gutierrez, Chief of Police Davis, Community Development Director Bruckner, Utilities Director Hsu, Director of Public Works Nakasone, Planning Secretary Rocha, Project Manager Amador, Economic/Redevelopment Director Hennessey, Downtown Project Manager Ruiz, Redevelopment Senior Office Specialist Hernandez, Human Relations Director Parker, City Clerk Mendoza, City Clerk Senior Office Specialist Hernandez. Pub Part PUBLIC PARTICIPATION Mr. Michael Tyner addressed Council, on behalf of Azusan's for Responsible Growth Committee M. Tyner (ARG), expressing concerns and issues regarding the Monrovia Nursery referendum. Mon Nursery Ms. Lana Grizzell addressed Council on behalf of Azusan's for Responsible Growth Committee, L. Grizzell (ARG) expressing concerns on developments within the City. Developmen Mr. Seamus McKeever address council on behalf of Azusan's for Responsible Growth S. McKeever Committee (ARG), expressing concerns on issues regarding the Mello Roos Tax and Monrovia ARG Nursery Project. Mr. Craig Moyer Attorney of Manatt, Phelps & Phillips, representing Thermal Remediation Craign Moye Services (TRS), addressed Council stating previously false allegations of toxic waste releases Toxic Waste made by TRS. He further stated that a review by the Regional Water Quality Board was sought, and their findings coincided with TRS findings, which proved the allegations to be false. Discussion was held among Council, Mr. Moyer, and City Manager, regarding these allegations Discussion re made by Mr. Inocentes at previous meetings. City Manager Cole, explained that proper TRC Toxic Wa authorities were notified and a review was conducted. The review made by Regional Water Quality board showed this allegations to be false. Mr. Burke Hamilton, addressed Council thanking all involved in the City of Azusa Historical Walk B. Hamilton Tour that took place on September 14. He also expressed his opinion regarding the Monrovia Congrats for Nursery Project. Tour Mr. Paul Naccachian address Council on behalf of the Downtown Azusa Business Association to give an update of their last meeting held with Councilmember Chagnon, Mayor pro -tem Rocha and the d.b.a. members. The meeting was about the special event fees and other general codes regarding the Down Town Business District. The Association is requesting from council to support a yearly event fee that would help business do events as a common business practice. Councilmember Chagnon requested that for the meeting of October 20, a draft staff report be prepared with a comprehensive event calendar that covers issues such as police use traffic and fees for these events. REPORTS UPDATES, PENDING ITEMS AND ANNOUNCEMENTS FROM COUNCIL AND STAFF Councilmember Chagnon commended the Police Department, Public Works Department and West Coast Arborist for their quick response and professional work on clearing up the from oak tree that fell in her neighborhood. Made an announce that she will be going to Soledad next September 18'h, to attend a High Wind Dedication Project, this is where the City of Azusa Utility Department will be purchasing 10% of the utility power, several members of the Utilities Department will be attending with her. Mayor Pro -tem Rocha, thanked the Friends of City of Azusa Library for the City of Azusa Historical Walk Tour held on September 14. Commended the community for their support to the service people in Iraq, and informed that all the supplies that were donated are ready to be shipped out on September 18. Extended an invitation to all who wished to attend bingo night on September 18, sponsored by the Azusa Golden Days Committee. Made an announcement of the City Links and the treasures and white elephant sales that will be taking place on September 20. Extended his congratulations to Ms. Laura Botunda, who has made a difference for the children of Foothill Middle School, Ms. Botunda was named Azusa's Hero by the Los Angeles County Fair in Pomona, where she will be recognized with a plaque on September 22, and requested that he be permitted to attend on behalf of Council to this presentation. The residents who live in Pasadena, Hollyvale and Third, are thankful for the clean up of the alley. P. Naccachia Down Twn B Assoc Chagnon comments Chagnon reports Rocha reports Councilmember Stanford announced that the San Gabriel Valley Mosquito Vect Control found a Stanford dead crow in the City of Arcadia, and was sent out to the lab where it was found to be reports contaminated with the West Nile Virus. This virus can be deadly and is very hard on people with respiratory problems, everyone should to take it seriously, be aware, and remove any standing water to help prevent it from spreading. The Gold Line 2 turned to possible legislation to establish the construction similar to Gold Line 1, difficulties are being faced on the efforts to 'ensure its construction, however, this project will move forward overcoming all obstacles. . Mayor Madrid reminded everyone of Golden Days that will begin on October 4, and thanked all Madrid the volunteers involved in the Golden Days Parade who have made it successful. Announced reports that applications are still being accepted for Boards and Commissions, as well as for the meter reader position. Made a brief comment on her visit to Tempe Town Lake. City Manager Cole gave a report on proposed Neighborhood Partnerships Implementation. Cole Neighbo Currently much communication has been done with the citizens, which has helped improve Partnership certain areas. The goal is to do one neighborhood at a time. He further requested support Implementat from Council to move this project forward by approving his recommendation. 09/15/03 PAGE TWO Mayor Pro -tem Rocha addressed the issue, reinforcing Manager Cole's information and Rocha commended on the success of Neighborhood Improvement Zone (NIZ) #1 and #2. comments Councilmember Chagnon expressed her concerns regarding this project. She did not oppose Chagnon to it being implemented, however due to budgetary issues she requested that this project be expreses postponed until February of next year in order to focus on how the money is being spent. concerns Discussion was held among Councilmembers that it would be to the benefit of the City to first Dicussion re focus on public strategies now in place, adopt the general plan, and also to see the possibility Project to of merging this program with the NIZ programs to better strategize and they do not overlap with each other; how to build on resources that are currently in place and merge them into tax discussion. City Manager Cole addressed Council suggesting to pick all best ideas and put efforts on R. Cole neighborhood based budget strategy, postpone integration, implement this philosophy in comments February after working on it through the budgeting process. Moved by Councilmember Stanford, seconded by Councilmember Hardison and unanimously carried, to postpone implementation of items: 1. Inventory of assets, leaders, issues and plans in the neighborhood; 2. Informal outreach to already active community leaders (citizens Congress members, City Commissioners, School Site Council members, business, church and other civic activists); 3. An informal kick-off "City Hall in the Neighborhood" event (these to be staggered over the year. One per quarter); and 4. Follow-up formal meeting to introduce effort, select interim leadership and work on creating Neighborhood Partnership effort, until February, 2004, and work with the public strategies group results based budgeting efforts to help lay down the ground work for this program, Azusa City Clerk Vera Mendoza addressed Council to give an update on the upcoming governmental recall election of October 7. Even though the courts blocked the election, it was instructed Connie McCormick of the Registrar Recorder's office, to continue business as usual at least for the next 7 days, which is the time allowed to appeal this decision. She further announced the last day to register to vote is Nov. 22 and the last day to request an absentee ballot is September 30. Any registered voter in the county can vote at any location in the county where they have touchscreen voting available. Additional information may be obtained in your sample ballot. CONTINUED ITEMS THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 8:45 P.M. TO CONDUCT THE FOLLOWING JOINT PUBLIC HEARING: Postpone Implementat Neighborhoo Partnership to Feb 2004 V. Mendoza Info on Election of October 7 Continued ite Councilmember Chagnon recluse herself due to a conflict of interest, she stepped down from Chagnon ste the dais. down dais Attorney Carvalho stated that Councilmember Stanford was able to participate due to issues resolved in regards to Azusa Pacific University. 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. Mayor/Chairwoman Madrid introduced the hearing giving a summary of events that took place at previous meetings regarding this public hearing. Economic/Redevelopment Director Hennessey addressed the hearing providing a power point presentation that showed a map of the Redevelopment Area, and pointed out the addressees that are within the Plan Project. He further stated that since the last meeting, much communication has been received from Azusa Pacific University (APU) in response to the language, having to do with the potential use of their property. It was recommended to make a change'in the plan amendment to state: if APU were in effect, the specific plan would rule for their future use of properties within the project area, APU and others, APU would be subject to the executive director's approval for any future plans and would have to abide to the specific plan being approved today. APU requested additional language, which upon reviewed by Redevelopment Legal Council has been sufficient, it revises the last sentence of section 405 of the plan amendment, and reads as follows: "Except to the extent governed by a Specific Plan, the Agency may impose such other reasonable restrictions as are necessary to protect the development and uses in the Merged Project area." 09/15/03 PAGE THREE Joint Hearing West End CR Plan M Hennesey addressed hearing City Manager/Executive Director Cole, discussed the issue on the City Attorneys language change to The Foothill Center Eminent Domain Use. He introduced Mr. Larry Arsenal who explained that regarding the change on the bonding indebtedness of the redevelopment plans, were two plans for the two separate areas and each had their own separate limits. With this change, they now have been merged, and money can flow between the two projects and support each other. Mayor/Chairwoman Madrid read a change that was made to the staff report under the acquisition of real property that read as follows: "Furthermore, prior to the 4 1 anniversary of the effective date of the ordinances that adopt this amendment and restated redevelopment plan the agency my not acquire by condemnation any property located within that portion of the project area identified as area 10 and the project's 'areas with legal description unless such condemnation is requested in writing by the property owner." Project Area 10 is the Foothill Center. R Cole comments Madrid comments The hearing was re -opened to hear testimony from the public regarding the described change Hrg re- open on the acquisition of eminent domain on real property for the Foothill Center. No testimony was closed received and the Mayor/Chairwoman closed the hearing. Councilmember/Director Stanford asked if eminent domain could be extended to other R Cole properties. Manager Cole/Executive Director, explained that in order to extend eminent domain comments to other properties, a new process would have to take place such as the one being finalized. This project approved is only affecting the properties presented on this hearing. Mayor Pro-tem/Co-Chairman Rocha stated that the only properties he will approve for eminent Rocha domain are: the Foothill Center, area # 10; corner of Newburgh, empty gas station, and parcel comments adjacent, area # 14; and North East corner of Arrow Highway and Azusa, area # 12, and South West Corner of Foothill and Pasadena. All other property owners in the Downtown Area, have made concentrated efforts to improve themselves, and this should be taken into consideration before exercising eminent domain. Motion to I Motion was made by Mayor/Chairwoman Madrid to limit eminent domain power to only those eminent dom properties described by Mayor Pro-tern/Co-Chairman Rocha, motion died for lack of second. (died) 'Light discussion was held among council/directors in which staff explained that this is a long Light discuss process and more work needs to be done through other procedures before eminent domain is enforced. Chairwoman Madrid offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUS FINDING THAT THE Res 03-1131 USE OF TAXES ALLOCATED FROM THE MERGED PROJECT AREA, FOR THE PURPOSE OF Taxes allocat IMPROVING, INCREASING, AND PRESERVING THE COMMUNITY'S SUPPLY OF LOW AND from merged MODERATE INCOME HOUSING OUTSIDE THE MERGED PROJECT AREA WILL BE OF BENEFIT project OT THE MERGED PROJECT AREA. Moved by Director Hardison, seconded by Director Stanford to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: HARDISON, STNAFORD, ROCHA, MADIRD NOES: DIRECTORS: NONE ABSTAIN: DIRECTORS: CHAGNON Chairwoman Madrid offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING THE Res 03-1132 EIGHTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS 81h amend to 'DISTRICT REDEVELOPMENT PROJECT AND THIRD AMENDMENT TO THE REDEVELOPMENT CRA Plan Cen PLAN FOR THE WEST END REDEVELOPMENT PROJECT. Buss Dist Moved by Director Stanford, seconded by Director Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: HARDISON, STNAFORD, MADIRD NOES: DIRECTORS: ROCHA ABSTAIN: DIRECTORS: CHAGNON Chairwoman Madrid offered a Resolution entitled: 09/15/03 PAGE FOUR A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING AND Res 03-R33 ADOPTING AN AMENDMENT OT THE FIVE-YEAR IMPLEMENTATION PLAN FOR THE MERGED 5 year PROJECT AREA. implementat plan Moved by Director Hardison, seconded by Chairman Rocha to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: HARDISON, STNAFORD, ROCHA, MADIRD NOES: DIRECTORS: NONE ABSTAIN: DIRECTORS: CHAGNON Mayor Madrid offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA FINDING THAT THE USE OF Res 03-C71 TAXES ALLOCATED FORM THE MERGED PROJECT AREA, FOR THE PURPOSE OF IMPROVING, Taxes allocat INCREAING AND PRESERVING THE COMMUNITYS SUPPLY OF LOW AND MODERATE INCOME from Merged HOUSING OUTSIDE THE MERGED PROJECT AREA WILL BE OF BENEFIT TO THE MERGED Project PROJECT ATEA. 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, STNAFORD, ROCHA, MADIRD NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: CHAGNON Mayor Madrid offered a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA CERTIFYING Res 03-C72 THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE PROPOSED certify AMENDMENTS TO THE REDEVELOPMENT PLANS FOR MERGED CENTRAL BUSINESS environment DISTRICT AND WEST END REDEVELOPMENT PROJECTS AND ADOPTING ENVIRONMENTAL report FINDINGS PURSUANT TO THE CALIFORNIA ENVIRIOMENTAL QUALITY ACT, AND A STATEMENT OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING PROGRAM. Moved by Councilmember Hardison, seconded by Councilmember Stanford to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STNAFORD, ROCHA, MADIRD NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: CHAGNON Mayor Madrid offered a resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA OVERRULING WRITTEN Res 03-C73 AND ORAL OBJECTIONS AND ADOPTING WRITTEN FINDINGS IN RESPONSE TO WRITTEN overruling OBJECTIONS RECEIVED FROM AFFECTED PROPERTY OWNERS AND TAXING ENTITIES AND objections OVERRULING SUCH WRITTEN OBJECTIONS TO THE EIGHTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AND THE THIRD AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE WEST END REDEVELOPMENT PROJECT AREA. 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, STNAFORD, ROCHA, MADIRD NOES: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: CHAGNON Mayor Madrid offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AND Ord introduc ADOPTING THE EIGHTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE 8th amend pl ECENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT AREA AND THE THIRD Central Buss AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE WEST END REDEVELOPMENT District PROJECT AREA. Moved by Councilmember Hardison, seconded by Councilmember Stanfrod and carried by roll call vote to waive further reading and introduce the Ordinance. Mayor Pro -tem Rocha voting no and Councilmember Chagnon abstained. 09/15/03 PAGE FIVE THE REDEVELOPMENT AGENCY RECESSED AND THE CITY COUNCIL CONTINUED AT 9:27 CRA recess P.M. Councilmerimber Chagnon, returned to the dais. SCHEDULED ITEMS Sched Items PUBLIC HEARING — to consider valid requests with regard to the Expenditure plan for State and Federal Awarded Grant Fund: Local Law Enforcement Block Grant (LLEBG) and Citizens Option Pub Hrg for PUBLIC safety Grants (COPS) for fiscal year 2003-04. LLEBG &CO Funds The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice of said Hearing published In the Azusa Herald on September 4, 2003. Hrg open Chief of Police Davis addressed the issue stating that this is a standard request for Federal and Local grants, Local Law Enforcement Block Grant (LLEBG) and Citizens Option for Public Safety Chief Davis Grant (COPS). He explained that some grants are from this year and some from last year. He addressed is requesting that he may be allowed to make use of these funds as indicated on his staff hearing report. He proceeded to respond to questions posed by Council, which consisted of the following: the Laser Measuring System, the Sights G36 and the Helicopter Flight Suit. No public participation or comments were received. Moved by Councilmember Chagnon, seconded by Mayo Pro -tem Rocha and unanimously carried to close the Public Hearing. . Close Hrg Moved by Councilmember Stanford, seconded by Councilmember Chagnon, and unanimously .. carried to include appropriations of funds to be received from the State Citizens' Option for Apv COPS & Public Safety (COPS) Program and Local Law Enforcement Block Grant (LLEBG). LLEGB Funds The CONSENT CALENDAR consisting of Items VI -A through VI -H was approved by motion of Mayor Pro -tem Rocha, seconded by Councilmember Chagnon and unanimously carried, with Cons Cal the exception of items VI -D &VI -E, which were considered under the Special Call portion of the VI -A&E Agenda. Spec Call A. Minutes of the regular meeting of September 2; adjourned regular meeting of April 29, June 9, June 30, and July 14; Special Meeting of May 12, were approved as written. Minutes B. Human Resources Action Items were approved as follows: Merit Increase and/or Regular Appointments: S. Seffer, R. Torres. H.R. Action New Appointments: Q. Burgett, J. Anderson. Items C. The City's Treasurer's Report as of August 31, 2003, was approved as written. Tress Rprt D. SPECIAL CALL ITEM. Spec Call E. SPECIAL CALL ITEM. Spec Call F. The Utility Agreement between the City of Azusa and the State of California Department of Transportation, regarding relocation of existing electric utility facilities located within limits Util Agmnt of State's Route LA -210 Freeway crossing First Street Bridge in City of Azusa, was CalTrans approved. Authorization was given to the City Manager or his designee to execute the relocate util facilities same. LA -210 FW G. The following resolution was approved and adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING RESOLUTION NO. 02-C68 TO AUTHORIZE AN ASSIGNMENT OF RIGHTS, Res 03-C74 ' OBLIGATIONS AND DUTIES FOR THE COMMUNITY-BASED TRANSPORTATION Joint Agmnt PLANNING GRANT. CalTrans H. 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 Res CO3-C75 TO BE PAID. Warrant SPECIAL CALL ITEMS Sepc Call 09/15/03 PAGE SIX City Manager Cole addressed the item regarding the, contract with Public Strategies Mngr Cole Group, and requested a correction be made on the recommendation. He stated that comments staff negotiated a cap on this contract for no more than $1 1,100. He further explained Strategies that Public Strategies will help do a comprehensive, onetime effort to rebuild the city Group government. Marianne Miasnik, member of the task force, addressed the issue stating that there is a need to take an approach by looking internally as well as externally. The original objective was defined also tax fairness and equity, not suspending current efforts and M. Miasnik look at other sources of revenue to make it more equitable for all tax payers. comments Discussion and question and answer session was conducted among councilmembers and City Manager Cole regarding Public Strategies Groups. Moved by Councilmember Stanford, seconded by Mayor Pro -tem Rocha and unanimously carried, to authorize the City Manager to approve a contract with Public Strategies Group in the amount of $100,000 for consultant services on results based budgeting; authorize the attached budget amendment to appropriate $100,000 from the General Fund to cover the cost for the contract; and the amendment of $1 1,100 cap. Councilmember Hardison addressed the item regarding the award of Year #2 of the Pavement Management Improvement Project. He expressed his concerns to Public Works Director Nakasone that he wants to make sure that R&W will do a proper job, which will benefit the city. Moved by Mayor Pro -tem Rocha, seconded by Councilmember Chagnon and unanimously carried, to authorize Public Works staff to award bid for inspection services for both the slurry seal application and cape seal application portions of the Year #2/FY 2003-2004 Pavement Management Improvement Project to the second lowest bidder, R&W Highway Inspection in an amount not to exceed $18,000. THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 9:43 P.M. THE CITY COUNCIL RECONVENED AT 9:45 P.M. Discussion Appvd Public Strategies Gr & addtl $11, gap Hardison concerns Pavement Mngmnt Pro Appvd Pavem Mangmnt Im Proj. R&W Mayor Madrid congratulated those employees who received a step increase and the new Cncl Recess appointments. CRA Recess It was consensus of Councilmember to adjourn the meeting. TIME OF ADJOURNMENT: 9:50 P.M. NEXT RESOLUTION NO. 2003-C76. NEXT ORDINANCE NO. 2003-06. 09/15/03 PAGE SEVEN Mayor Madri congrats to employees Adjourn