Loading...
HomeMy WebLinkAboutMinutes - January 5, 2004 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, JANUARY 5, 2004 - 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 Mayor administered the Oath of Allegiance to Azusa Police Department Corporal DeWayne Oath and Code Eldridge and Chief of Police Davis administered the Code of Ethics to Corporal Eldridge. Corp. Eldridge Presentation Plaques and Certificates to those who contributed to the Annual Sand Castle Building contest. It was consensus of Councilmember to recess to Closed Session to discuss the following: Clsd Sess PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957) Emp Perform Title: City Manager City Mgr CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov. Code Sec. 54956.9 (b))Conference Two Cases W/Legal Cncl CONFERENCE WITH LEGAL COUNSEL —EXISTING LITIGATION (Gov. Code Sec.54956.9 (a)). Conference Res -Care, Inc., v. City of Azusa, Case No.: Los Angeles Superior Court No. KC040062 W/Legal Cncl Res Care The City Council recessed at 6:45 p.m. and reconvened at 7:29 p.m. The City Attorney Recess/Rec Carvalho advised that there is no reportable action taken into Closed Session. No Action Mayor Madrid called the meeting to order and led In the Salute to the Flag. Call to Order INVOCATION was given by City Manager Cole. 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, Community Development Director Bruckner, City Treasurer Macias, Utilities Director Hsu, Bob Tang, Director of Public Works Nakasone, Recreation Leader Marc Gonzales, Redevelopment Senior Accountant Jara, Economlc/Redevelopment Director Hennessey, Director of Recreation and Family Services Jacobs, Library Director Tovar, Recreation Superintendent Yugar, Norma Levy, City Clerk Mendoza, Deputy City Clerk Toscano. Pub Part PUBLIC PARTICIPATION P. Hanks Ms. Patricia Lowles Hanks, new Executive Director of the Miss Azusa Scholarship Program and & C. Acosta Ms. Carol Acosta addressed Council announcing that the Pageant will be held on March 27, Miss Azusa 2004, at the Azusa Pacific University Munson Chapel, and the rehearsals will be held at the Scholarship Mountain Cove Lodge She stated that they plan to have many fundraising events and thanked Program Council in advance for their support. Mayor Pro -Tem Rocha introduced the subject of conducting a Special Municipal Election in Rocha/Carvalho order to vote on the Monrovia Nursery Project. City Attorney Carvalho, presented a detailed Comments account of the approval process of the Monrovia Nursery Project in February of 2003. She Re: Spec noted that a group of citizens against the project circulated referendum petitions, which the Election City Clerk rejected due to several technicalities; a writ of mandate was filed with the courts and 5/4/04 there is now pending judgment regarding the petitions. Mr. Rocha requested that Council proceed with an election since the Judgment could take months and that there are other concerns such as closure to the Issue. Discussion was held regarding the Issue. Ms. Marti Villanueva and Ms. Ilene Ochoa addressed Council and invited all to the 3rd Annual M. Villanueva Hands Across Azusa on Sunday, January 18, 2004, from 1 p.m. to 3 p.m. on the Azusa City Hall it I. Ochoa Lawn, and to celebrate the late Dr. Martin Luther King's Birthday. She detailed the activities Hands Across that will be held. Azusa 'Ms. Mercedes Cortez, President of the Chamber of Commerce, introduced the new Executive M. Cortez & Director for Azusa Chamber of Commerce Evelyn Khan, who expressed her excitement about E. Khan joining the City of Azusa and to work with its businesses. Mr. Art Morales addressed Council regarding the Library Cycle application. He voiced his A. Morales opposition to the new Library due to the lack of funds in the City budget. Comments Mr. Mike Tyner addressed Council expressing his opinion regarding the referendum against M. Tyner Monrovia Nursery and Councilmembers. Comments Marie Kukula—Tyner addressed Council expressing her opinion regarding Councilmembers and K. Tyner the referendum against Monrovia Nursery Project issue. Comments Ms. Lana F. Grizzell addressed Council wishing all peace and happiness in 2004. She expressed L. Grizzell her opinion regarding views of Council. Comments Mr. Joe Guarrera addressed Council wishing all a Happy New Year and thanked and J. Guarrera commended Joe Rocha for asking for an election in order to let the people decide the fate of Comments the Monrovia Nursery Project. Mr. Seamus McKeever addressed Council expressing his opinion regarding many issues. S. McKeever Comments 'Mr. Keith Bushey addressed Council complementing them for the decisions they make and the K. Bushey way they have processed the Issues regarding the Monrovia Nursery Project. Comments Mr. Mark Ades addressed Council expressing his support of an election to settle the question M. Ades regarding the Monrovia Nursery Project. Comments Mr. Mike Sheer of Citizens for Better Azusa, expressing his support for the Council and the M. Sheer Monrovia Nursery Project. Comments Ms. Peggy Martinez of Downtown Azusa Business Association, addressed Council expressing P. Martinez her opinion regarding Monrovia Nursery and process for solving the Issue. Comments REPORTS. UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Moved by Councllmember Chagnon, seconded by Mayor Pro -Tem Rocha and unanimously Direct staff carried to direct staff to prepare the necessary documents for setting a Special Election on To call for Tuesday, May 4, 2004, for the purpose of submitting the Monrovia Nursery Development An election Project Land Use approvals and Development Agreement to a vote of the people of the City of 5/404 Azusa. Further, Mayor Madrid requested staff to clarify who will be paying for the election. Director of Public Works Nakasone addressed the issue of Upgrade of Railroad Grade Crossings stating that there are five critical railroad grade crossing locations that need to be considered. 'He noted the asphalt rubber versus concrete, stating that concrete is premium but very expensive. He asked that Council analyze the five crossing installation as a part of results based budgeting. He stated that a report Is forthcoming listing six objectives that staff wishes to achieve for the rest of the year which will Include the subject of the railroad crossings. Councllmember Hardison responded stating the he is specifically concerned with San Gabriel Avenue railroad crossing which has had rubber and asphalt coated numerous times, and that it is the safety factor that he is concerned about. He spoke about the three million dollars for the upgrade and repair of Highway 39 and asked if the interest could be utilized and City Manager Cole responded stated that there is a need to find out how much interest is left; a report will be forthcoming. 01/05/04 PAGE TWO B. Nakasone Comments Railroad Crossings Hardison Comments The following persons gave testimony regarding the proposed Statement of Community Testimony Development Objectives and Projected Use of Community Development Block Grant Funds: Jennifer Sharp, Sr. Referral & Case Management, Carolyn and Mike Barrios of Referral for Case Management for the Disabled, Guillermo Aldana of the Peregrinos De Emaus Homeless Shelter, Director of Recreation and Family Services Jacobs regarding After School Program, Superintendent of Recreation and Family Services Yugar regarding the Sr. Nutrition Site Manager, Kerry Freeman Executive Director of Homework House, Jody Short of YWCA Wings, Marianna Medaris of Camp Fire USA -Mt San Antonio Council, Art Morales regarding free swim, and Bob Freeman regarding possible roll over of funds that were not used. Moved by Councilmember Chagnon, seconded by Councilmember Hardison and unanimously Hrg Closed carried to close the public hearing. Councilmember Stanford offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE STATEMENT Res. 04-C1 OF COMMUNITY DEVELOPMENT OBJECTIVES AND SELECTING PROJECTS FOR FUNDING FOR CDBG THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 2004-05. Funding 'Moved by Councilmember Stanford, seconded by Councilmember Chagnon to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: SCHEDULED ITEMS Sched Items NOES: PUBLIC HEARING - Proposed Statement of Community Development Objectives and Projected Pub Hrg ABSENT: Use of Community Development Block Grant Funds. CDBG The Mayor declared the Hearing open. City Clerk read the affidavit of proof of publication of Hrg Open notice of said hearing published in the San Gabriel Valley Tribune on December 18, 2003. Economic/Redevelopment Director Hennessey addressed the issue stating that this year the Dir CRA allocation including reprogramming funds is $806,554. but $345,429 is required for repayment Comments of Section 108 loan and of the remaining $461,125, there Is $112,647 for the 2004-04 public service projects. He stated that staff has proposed funding 13 projects, (5 Capital _ Improvement Projects and 8 public service projects). He noted the projects as follows: ' 30' Year CDBG Projects F/Y 2004-05 Project Reouested Recommended Section 108 Loan Repmt. $345,429 $345,429 Administration $75,098 $48,478 Pedestrian Breezeway $100,000 $86,000 Atlantis Gardens Parkway $29,000 $29,000 Single Family Hsg. Rehabilitation $260,000 $185,000 Sr. Referral & Case Management $15,000 $10,000 Sr. Nutrition Site Manager $17,000 $15,947 Referral for the Disabled $5,000 $5,000 Homeless Outreach/Peregrinos $20,000 $10,000 After School Program $40,000 $39,200 Homeless Assistance/ESGVCH $10,000 $5,000 Homework House $25,000 $22,500 Project Sister $6,600 $0 YWCA -WINGS $9,067 $5,000 Camp Fire USA $6,700 ' TOTAL: $963.894 $QCi S 4 The following persons gave testimony regarding the proposed Statement of Community Testimony Development Objectives and Projected Use of Community Development Block Grant Funds: Jennifer Sharp, Sr. Referral & Case Management, Carolyn and Mike Barrios of Referral for Case Management for the Disabled, Guillermo Aldana of the Peregrinos De Emaus Homeless Shelter, Director of Recreation and Family Services Jacobs regarding After School Program, Superintendent of Recreation and Family Services Yugar regarding the Sr. Nutrition Site Manager, Kerry Freeman Executive Director of Homework House, Jody Short of YWCA Wings, Marianna Medaris of Camp Fire USA -Mt San Antonio Council, Art Morales regarding free swim, and Bob Freeman regarding possible roll over of funds that were not used. Moved by Councilmember Chagnon, seconded by Councilmember Hardison and unanimously Hrg Closed carried to close the public hearing. Councilmember Stanford offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE STATEMENT Res. 04-C1 OF COMMUNITY DEVELOPMENT OBJECTIVES AND SELECTING PROJECTS FOR FUNDING FOR CDBG THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 2004-05. Funding 'Moved by Councilmember Stanford, seconded by Councilmember Chagnon 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 Mayor Pro -Tem Rocha suggested that Council approach the Azusa Unified School District Board Rocha requesting funding to go towards the after school programming, at least 50 % of the cost and if Comments the additional funding is received from AUSD that the Peregrinos De Emaus Homeless Shelter Request for receive $5,000 and that anything beyond that go to the Senior Referral & Case Management. Funding From AUSD 01/05/04 PAGE THREE PUBLIC HEARING—on Budget Amendment—ElectricCapacityandEnergyAccountoftheLight Pub Hrg Fund. Budget Amend The Mayor declared the Hearing open. City Clerk read the affidavit of proof of publication of Hrg Open notice of said hearing published In the Azusa Herald on December 25, 2003. Assistant Director of Resource Management Tang addressed the Hearing stating that the issue B. Tang Is a net budget of appropriation Increase of 1.3 million dollars for the purchase of electricity for Comments Azusa. He stated that the budget for the purchase of electricity Is 14.3 million and about 3.2 million dollars In wholesale revenue sales, which net cost of electricity is 1 1 million dollars. Based on the recent mid -year review of wholesale revenues and expenditures, the Light Fund determined that it has expended about $11,500,000 in the capacity and Energy Account, and has received about $5,500,000 in wholesale electric revenues by mid December, 2003. Therefore, it is almost certain that Capacity and Energy account In the Light Fund will exceed the budget appropriation unless amended for the remainder of the year. Testimony was received from Mr. Art Morales. A. Morales Moved by Councilmember Stanford, seconded by Councllmember Hardison and unanimously Hrg Closed carried to close the Public Hearing. Moved by Councilmember Stanford, seconded by Mayor Pro -Tem Rocha to amend the fiscal Amendment year 03-04 Light Fund budget in the category of Electric Capacity and Energy to reflect a NET Approved budget appropriation increase of $1,231,000. PUBLIC HEARING — to consider an ordinance adopting a Development Agreement for the Pub Hrg Monrovia Nursery Specific Plan project. The Mayor declared the Hearing open. City Clerk read the affidavit of proof of publication of Hrg Open notice of said hearing published in the San Gabriel Valley Tribune on December 24, 2003. Community Development Director Bruckner addressed the issue explaining why there is a need for a Development Agreement and detailing the summary of deal points as follows: (City (Public) Benefits) Development Agreement Fee, Traffic Mitigation Fee, Fiscal Impact Mitigation, Formation of a Charitable Foundation, Reservation of Land for Light Rail Station Parking, Glendora Entitlement Consistency, One Entity as Master Developer, Azusa Resident Priority, and Water Issues. Monrovia Nursery Benefit: Right to Develop, Limit on New Development Fees or Extractions, City's Processing Obligations, and City's Other Obligations. City Attorney Carvalho advised that since earlier in the meeting Council took action to submit the Monrovia Nursery Development Agreement to the voters, it is not required to have a formal public hearing at this time; she recommended that comments are taken from the Council and public that are general in nature and that staff be directed to produce a final document that will be brought back to the next meeting with a question to place on the ballot. She and Community Development Director Bruckner responded to a question from the Mayor regarding the cost of a Community Facilities District obligation or any other maintenance district that have not been determined at this time. Com Dev Dir Comments City Attny Comments Testimony was received from the following persons: S. McKeever, M. Tyner, M. Martin, L. Testimony Grizz:ell, M. Cortez, and A. Morales. Mayor expressed concerns regarding 4.16, Other City Obligations, (ii) Promptly accept all Mayor Dedications of land or improvements by the Owner, and (iii) Approve the realignment and Comments undergrounding of the Covina Canal, and Charitable Trust and the purpose of it. City Manager Cole responded. Councilmember Chagnon requested clarification on page 24, section 5.1 (1) Within ten (10) 'calendar days from the date that the Property Is sold that they would receive the sum of $2,800 for each of the 1,250 dwelling units, she stated that later in the document It states that within 30 days of when the property is sold they would receive the water rights; she asked that they make them both 10 days or both 30 days to have consistency. She also asked that they add a definition for the word "sold" In section 3. 1, and that a mechanism to track traffic mitigation, foundation, be created, and that charitable foundation, section 5.16 be deleted as it will be a moot point due to the election. Mayor Pro -Tem Rocha requested that with regard to public benefits on page 6, that Azusa. Sierra and Gladstone high school students be given opportunities to work on some of the houses, i.e. plumbing, electrical, etc. like ROP. Councilmember Hardison noted some of the liabilities. 01/05/04 PAGE FOUR Chagnon Comments Rocha Comments ,I City Manager Cole advised that they may use permissible language that would encourage the City Mgr future builders, in additional to using local labor, include educational programs, etc. Comments Moved by Councilmember Chagnon, seconded by Councilmember Stanford and unanimously Hrg Clsd carried to close the Hearing. It was consensus to continue the matter to next Council meeting to be held on January 20, Continued to 2004. 1/20/04 The CONSENT CALENDAR consisting of Items VI -A through VI -F was approved by motion of Consent Cal Councilmember Hardison, seconded by Councilmember Chagnon and unanimously carried, with VI - the exception of item VI -D and VI -E, which was considered under the Special Call portion of the Spec Call Agenda. A. The Minutes of the regular meetings of December 1, and December 15, 2003, were Min appvd approved as written. B. Human Resources Action items were approved as follows: Human Res New Appointments: Sean Smith, Meter Reader, effective 1/6/04. Action Items Separations: M. Wynn, Human Resources/Risk Manager Analyst, effective 12/30/03 P. Bradley, Utilities Administrative Services Supervisor, effective 12/31/03 J. Knowlton, Customer Services Representative I, effective 12/31/03. C. Gomez, Literacy Program Assistant, effective 1/2/04. C. The Notice of Completion for the Memorial and Northside Park Athletic Facility Fencing Notice of Comp Project as completed by Quality Fence Company in the amount of $143,868.00 was Quality Fence approved and staff was authorized to file the Notice of Completion with the Los Angeles County Clerk and to pay the 10"/o retention to the contractor. D. SPECIAL CALL ITEM. E. SPECIAL CALL ITEM. F. The following Resolution was approved and adopted: ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 04-C3 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warrants TO BE PAID. SPECIAL CALL ITEMS Special Call Itms Councilmember Hardison expressed concern regarding the purchase of the Electric Motorcar, Hardison stating that if the vehicle had been purchased when first discussed some time ago, the cost Comments would be have been lower. Assistant City Manager Person responded stating that due to the time it took to research the Assistant feasibility of purchasing the vehicle, the cost had Indeed risen, but, that with rebates and other City Mgr discounts, the purchase may come to a mere $5,000. Response Moved by Mayor Pro -Tem Rocha, seconded by Mayor Madrid and unanimously carried to Purchase approve the purchase of Global Electric Motorcar from GEM, on the Federal Government's Of Global General Services Administration Contract was approved In an amount not to exceed $10,000. Electric Car Councilmember Chagnon addressed item regarding the application for Cycle 3 for the Library Chagnon Bond Act Funds for the Construction of a new Library, stating that although she Is in favor of a Comments new Library, she Is unable to vote yes on this item as she does not believe the City has enough Library App money to fund It at this time. Moved by Mayor Pro -Tem Rocha, seconded by Mayor Madrid and carried to approve the Draft Draft Plan of Plan of Service & Technology Plan for the new Azusa City Library, to adopt the resolution Service &Tech certifying the new library project budget, local funding commitment, supplemental funds, and Plan for new public library operation and to authorize the Mayor to sign the final application for Library Bond Lib approved Act Funds for Cycle 3, which is due no later than 5:00 p.m. on Friday, January 16, 2004 to the Office of Library Construction in Sacramento. Mayor Pro -Tem offered a Resolution entitled: 01/05/04 PAGE FIVE A RESOLUTION FO THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, TO CERTIFY THE CITY OF AZUSA'S APPLICATION FOR CYCLE 3 LIBRARY BOND ACT FUNDS AND DEMONSTRATE COMMITMENT TO THE OPERARION OF LIBRARY SERVICES FOR THE PROPOSED AZUSA CITY LIBRARY Moved by Mayor Pro -Tem Rocha, seconded by Mayor Madrid to waive further reading and adopt:. Resolution Passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, MADRID NOES: COUNCILMEMBERS: CHAGNON ABSENT: COUNCILMEMBERS: NONE It was consensus of Councilmembers to adjourn in memory of Flip Duenas and Mr. Martinez, 'the Owner of A Taste of Texas. TIME OF ADJOURNMENT: 10:59 P.M. NEXT RESOLUTION NO. 2004-C4. NEXT ORDINANCE NO. 2004-01. 01/05/04 PAGE SIX Res. 04-C2 Application Cycle 3 Library Bond Act Funds Adjourn in Memory Of S. Duenas & Mr. Martinez