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HomeMy WebLinkAboutMinutes - March 19, 2004 - CCCITY OF AZUSA I MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, MARCH 15, 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. CLOSED SESSION Closed Sess CONFERENCE WTH LEGAL COUNSEL— EXISTING LITIGATION (Gov. Code Sec. 54956.9 (a)). Conf w/legal Res -Care, Inc., v. City of Azusa, Case No.: Los Angeles Superior Court No. KC040062. Counsel CONFERENCE WTH LEGAL COUNSEL— EXISTING LITIGATION (Gov. Code Sec. 54956.9 (a)). Conf w/legal City of Azusa v. Simich, Case No.: Los Angeles Superior Court No. KC041085. Counsel CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (Gov. Code Sec. 54956.9(a) — Conf w/legal Concerning threatened Brown Act Litigation by Azusans for Responsible Growth V. City of Counsel Azusa, Case No. BS088326. 'The City Council recessed at 6:30 p.m. and reconvened at 7:30 pm. Rcss/rcnvn City Attorney Carvalho that there was no other reportable action taken in Closed Session. City Atty Reports Mayor Madrid called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION was given by Pastor Raul Bulfa of Holy Place Church. Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, STANFORD, CHAGNON, MADRID ABSENT: COUNCILMEMBERS: ROCHA ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Cole, Assistant City Manager Person, Community Development Director Bruckner, Community Improvement Manager Rudisel, City Treasurer Macias, Chief of Police Davis, Director of Park Planning and Development Noriega, City Librarian Tovar, Assistant Community Development Director Onaga, General Plan Project Manager Brownfield, Economic/Redevelopment Director Hennessey, Deputy City Clerk Toscano. Ceremonial 'CEREMONIAL City Manager Cole announced that the City will be proclaiming the month of April — 2004, as "a City Mgr Cleaner and Greener Month and More Beautiful Month" and that a resolution will be considered Comments to waive Garage and Yard Sale Permit fees for the last weekend of April and in conjunction with April 2004 this celebration a number of events are being planned, and Include: clean-up of city facilities, Cleaner and tree planting, alley clean-up, a hazardous waste drop-off event, free towing and disposal of junk Greener Month vehicles, plant and paint giveaways, and the opening of a Compressed Natural Gas Refueling Facility. PUBLIC PARTICIPATION Pub Part Ms. Patricia Hanks, Executive Director of the Miss Azusa Scholarship Program, introduced the P. Hanks contestants for the Miss Azusa Scholarship Pageant members of the Miss Azusa Committee. Introduction She announced that the event will be held on March 24, 2004 at 7 pm at Munson Chapel at Miss Azusa Azusa Pacific University. The Miss Azusa Scholarship contestants as follows: Erica Moncayo Scholarship Quintero, Kari Ann Johnson, Michelle Kobus, Melanie Seawright, Deana Estrada, Monique Contestants Loera, Julie Marie Froyum, Kristen Ford, Ashley Fenison, and Nicole Gouweloos. Ms. Suzanne Avila to provided and update on Think River! Mr. Rick Thomas of the San Gabriel S. Avila Mountains and River Conservancy announced the educational Youth and Watershed R. Thomas Conferences, field trips etc. all funded by grants. Mr. Craig Watson, Vice President of Charter C. Watson Communication addressed the Issue stating that they will be assisting with these Youth R. Hart 'Conferences and a public service announcement about the River. Mr. Ron Hart, of Gladstone R. Pulido High school, talked about Project East, a community service based class which students will J. Kim picked projects, of which one Is Think River. Mr. Ralph Pulido and Mr. Jay Kim, students of Think River Gladstone High school Introduced the public service announcement for Think River, which was shown to all. The students of project youth introduced themselves. Mr. Art Morales addressed Council announcing that the Gladstone High Drum Major A. Morales Association is holding a drum major competition at their school on April 3d. He stated thatyou Comments can call 969-2399 to donate to their program. He requested a report on Second and San Gabriel with regard to traffic hazards and expressed his opposition to the Library Project due to a lack of funding for it. Mr. Seamus McKeever addressed Council and expressed his opinion in opposition to the S. McKeever proposed Monrovia Nursery Project. Comments Ms. Lana Grizzell addressed Council and expressed her opinion in opposition to the proposed L. Grizzell Monrovia Nursery Project. Comments Mr. Dan Simpson addressed Council expressing his view in favor regarding the Monrovia D. Simpson Nursery Project. Comments Mrs. Shirley Clark addressed Council expressing her view in favor of the Monrovia Nursery S. Clark 'Project Comments Mr. Mark Ades addressed Council expressing his view in favor of the Monrovia Nursery M. Ades Comments REPORTS. UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Councilmember Stanford announced the 4'h annual Mariachi Festival to be held Citrus College Stanford Performing Arts Center on Saturday, April 3, 2004, and for further Information call Peggy Comments Martinez of the Azusa Downtown Azusa Business Association. He asked that everyone keep In prayer the son of Councilmember Rocha; Adam Rocha and Paul Mendoza, husband of the City Clerk Vera Mendoza, as they have both been ill. Councilmember Hardison said good bye to his old friend , Frank Noriega, and asked that the Hardison meeting also be adjourned in his memory. Comments Councilmember Chagnon announced that Assemblyman Ed Chavez will be hosting a blood drive Chagnon on March 29, 2004, at Azusa Pacific University from 9 a.m. to 2 p.m., for more Information you Comments can log on to www.givelife.org, she announced that the Woman's Club will be having a prayer breakfast on April 7" from 8 a.m. — 9 a.m.; she stated that proceeds from the event will go towards the Interpretive Center. She reminded all to vote in the May 4th Special Election and reminded all to attend the Kids Come First Golf Tournament to be held on June 11th. She thanked Councilmember Joe Rocha for serving as Mayor Pro -Tem this last year. 'City Librarian Albert Tovar announced the Scrabble Tournament to be held at the City Library on A. Tovar March 24th, from 5:30 p.m. — 8:30 p.m. Comments Mayor Madrid congratulated and thanked Sonia Yamas, a teacher at EI Monte High and resident Madrid of Azusa who was recognized by Congresswoman Hilda Solis during Women History Month. Comments She announced that the Gold Line will meet on Thursday, March 18th, and the grand opening of the Nature Center at Santa Fe Dam on April 3`' 03/15/04 PAGE TWO Moved by Mayor Madrid, seconded by Councilmember Chagnon and unanimously* carried to Dick Stanford appoint Dick Stanford as Mayor Pro -Tem for the next year. Mayor Pro -Tem Moved by Councilmember Hardison, seconded by Mayor Pro -Tem Stanford and unanimously $100 Sponsor carried to approve a $100 sponsorship to the Foothill Cheerleaders, of Foothill Middle School, Foothill Cheer towards the purchase of uniforms. Councilmember Chagnon addressed Council regarding the FY2005 Budget Scenarios requesting that she be allowed to spend about six weeks in discussions with City Manager Cole, Assistant City Manager Person, Economic/Redevelopment Director Hennessey, and Community Development Director Bruckner to work on a contingency plan for the Azusa Library, a timeline for Block 36, a parking structure study, the Foothill Shopping Center and a plan to bring back to Council for economic growth. It was consensus of Councilmembers to allow Councilmember 'Chagnon to do as she has requested. City Attorney Carvalho addressed item entitled: Resolution concerning the City Council's desire to hold a Special Election. She explained the reason for the proposed resolution detailing the two lawsuits that have been filed against the City by ARG — Azusans for Responsible Growth. She further stated that the Judge has requested clarification as to why the Council has called for an election, of which she also detailed. Lengthy discussion was held regarding the proposed resolution including the reason for the resolution, the resolution language, and many other Issues of concern that lead up to the calling of the election. Councilmembers went through the resolution and requested various changes in the language of the resolution of which the final copy is attached for clarification. Councilmember Hardison offered a Resolution, as amended, entitled: A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, CONCERNING THE CITY COUNCIL'S DESIRE TO HOLD A SPECIAL ELECTION TO ALLOW THE VOTERS OF THE CITY OF AZUSA TO VOTE ON THE MONROVIA NURSERY PROJECT. Moved by Councilmember Hardison, 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, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ' ABSENT: COUNCILMEMBERS: NONE (Councilmember Rocha requested, prior to the meeting, that his vote "yes" be allowed by proxy). It was consensus of Councilmembers to recess: Time of Recess: 9:19 p.m. — 9:26 p.m. SCHEDULED ITEMS Chagnon Comments City Attorney Comments Re: Resolution Council Comments Res. 04-C21 Concerning Spec Elect 5/4/04 Rocha voted Yes. Recess Sched Items PUBLIC HEARING — on the Gateway to the American Dream: City of Azusa General Plan and Pub Hrg General Plan and Development Code Draft Environmental Impact Report. General Plan City Manager Cole introduced the Issue detailing the history of the General Plan which was last City Mgr & created in 1983. Community Development Director Bruckner presented the timeline for the Com Dev Dir General Plan Public Hearing which he stated will be presented in two parts, the first tonight, the Comments second at the meeting of April 5tb, with a workshop to be held on March 29'. He then Introduced the Planning Consultant Team, Ms. Dena Belzer of Strategic Economic and Mr. Alan Loomis of Moule Polyzoides. Mr. Loomis addressed the Hearing first noting that there area variety of type of zoning within A. Loomis the City of Azusa, then noting the Built Environmental City Design - Urban Forms, i.e. Moule Neighborhoods, Districts and Corridors, which he defined in detail and presented a map of the Polyzoldes 'based on the Idea of Urban Form. He noted the principles of the Plan as follows: 1) Protect Historic Resources, 2) Improve the identity of Districts, 3) Make the City pedestrian friendly — a. Courts & Paseos, b. Face public rooms to the street, c. Promote shared, parking districts, and d. Allow an appropriate mix of uses in districts. He stated that there is a need to promote various housing options and Improve multi -family standards, and promote courtyard housing. Ms. Dena Belzer of Strategic Economic, presented the economic goals of the General Plan D. Belzer stating that economy and quality of life should be viewed together. The selected goals are as Strategic follows: 1) maintain and increase sectoral diversity of the economy, 2) improve housing Economic opportunities, and 3) strengthen retail base. She detailed all three goals. She talked about Comments Policies &Programs which included employment, housing and strong neighborhoods and retail. She then answered questions posed. 03/15/04 PAGE THREE General Plan Consultant Lisa Brownfield responded to questions posed by Mayor Madrid Questions regarding the format of the General Plan document. Moved by Mayor Pro -Tem Stanford, seconded by Councilmember Hardison and unanimously Public Hearing carried to continue the public hearing to the meeting of April 5, 2004, for further discussion on Continued to Chapters 4 and 5 and the Draft Environmental Impact Report. 4/5/04 CONTINUED PUBLIC HEARING —on an amendment to an existing conditional use permit C-89 Cont Pub Hrg 20 requested by Vulcan Materials/Azusa Rock, 3901 Fish Canyon, to modify the conditions of Vulcan Material approval to delete the requirement for a grade separation of the existing haul road and the Continued to existing bike trail. Moved by Councllmember Hardison, seconded by Councilmember Chagnon 4/19/04 and unanimously* carried to continue the Public Hearing to the meeting of April 19, 2004. ' Councilmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CIN OF AZUSA WAIVING GARAGE OR LAWN Res. 04-C22 SALE PERMIT FEES FOR RESIDENTS THE LAST WEEK -END OF APRIL, 2004, IN CONJUNCTION Waiving Garage WITH "AZUSA CLEAN AND GREEN MONTH" & Lawn Sale Permit Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Stanford to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ROCHA Councilmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REVOKING THE BUSINESS Res. 04-C23 LICENSE OF THE LAST CHANGE SALOON LOCATED AT 832 N. AZUSA AVENUE, AZUSA AND Revoking Bus DECLARING SUCH PROPERTY PUBLIC NUISANCE. Lic Last Chance Saloon Moved by Counciimember Chagnon, seconded by Mayor Pro -Tem Stanford to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Stanford and unanimously* Ord Intro carried to waive further reading and Introduce the proposed ordinance. The CONSENT CALENDAR consisting of Items VI -A through VI -G was approved by motion of Consent Cal Mayor Pro -Tem Stanford, seconded by Councilmember Hardison and unanimously carried with Approved the exception of Items VI -C and VI -E, which were considered under the Special Call portion of the Agenda. A. The Minutes of the regular meetings of March 1, 2004, were approved as written. Min appvd B. Human Resources Action Items were approved as follows: Human Res Merit Increase and/or Regular Appointments: F. Wong, T. Nguyen, S. Shahsavari, M. Action Items Arias, J. Tang, N. Abbaszadeh, W. Nakasone, V. Padilla, and D. Crapo. C. SPECIAL CALL ITEM. Spec Call D. Notice of Completion for the Memorial Park Restroom Project as completed by 4 -Con Notice of Engineering, was approved and its recordation was authorized. Comp 4 -Con E. SPECIAL CALL ITEM. 03/15/04 PAGE FOUR Spec Call AYES: COUNCILMEMBERS: HARDISON, STANFORD, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ROCHA Councilmember Chagnon offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING 15` Rdg Ord CHAPTER 34, ARTICLE 1, SECTION 34-1 OF THE AZUSA MUNICPAL CODE CONCERNING Health & HEALTH AND SANITATION REGULATIONS BY DELETING THE EXISTING SECTION 34-1 AND Sanitation ADOPTING DIVISION 1, TITLES 8 AND 1 1 OF THE LOS ANGELES COUNTY CODE IN ITS PLACE, Regulations AND DELETING CHAPTER 34, ARTICLE Il OF THE AZUSA MUNICIPAL CODE CONCERNING FOOD ESTABLISHMENTS IN ITS ENTIRETY Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Stanford and unanimously* Ord Intro carried to waive further reading and Introduce the proposed ordinance. The CONSENT CALENDAR consisting of Items VI -A through VI -G was approved by motion of Consent Cal Mayor Pro -Tem Stanford, seconded by Councilmember Hardison and unanimously carried with Approved the exception of Items VI -C and VI -E, which were considered under the Special Call portion of the Agenda. A. The Minutes of the regular meetings of March 1, 2004, were approved as written. Min appvd B. Human Resources Action Items were approved as follows: Human Res Merit Increase and/or Regular Appointments: F. Wong, T. Nguyen, S. Shahsavari, M. Action Items Arias, J. Tang, N. Abbaszadeh, W. Nakasone, V. Padilla, and D. Crapo. C. SPECIAL CALL ITEM. Spec Call D. Notice of Completion for the Memorial Park Restroom Project as completed by 4 -Con Notice of Engineering, was approved and its recordation was authorized. Comp 4 -Con E. SPECIAL CALL ITEM. 03/15/04 PAGE FOUR Spec Call F. Approval was given to adopt a support position on SB 1161 (California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2004) and to authorize the Mayor to send a letter of support to the chair of the Senate Education Committee before the March 24, 2004 hearing. G. The following Resolution was approved and adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. SPECIAL CALL ITEMS SB 1161 Lib Bond Act Res. 04-C25 Warrants Spec Call Items Item regarding the Dedication of Five -Feet of Property to the City of Azusa From 720 North Dedication Todd Avenue was addressed to note that the attached map is correct. It was then moved by Of property Councilmember Chagnon, seconded by Mayor Pro -Tem Stanford and unanimously* carried to 720 N. Todd i) Accept dedication of five feet of frontage from 720 North Todd Avenue, 2) Approve accompanying Resolution, and 3) Direct the City Clerk's Office to record the Grant Deed. Councilmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ACCEPTING A Res. 04-C24 GRANT DEED AND DIRECTING ITS RECORDATION THEREOF. Accepting a Grant Deed Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Stanford to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: Councilmember/Director Chagnon addressed item regarding funds for the acquisition of real CounclVDirector property for relocation purposes asking what the City's obligation is for relocation. Question Economic Development/Redevelopment Director Hennessey responded stating that the Agency Dir CRA Is obligated to moved the residents to decent, safe and sanitary housing and that there are Response guidelines that have set limits, and this represents 36 — 40 months of rent differential payments. Councilmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA MAKING CERTAIN FINDINGS Res. 04-C26 UNDER HEALTH AND SAFETY CODE SECTION 33445 WITH RESPECT TO THE USE OF Use of CRA REDEVELOPMENT AGENCY FUNDS FOR THE ACQUISITION OF REAL PROPERTY FOR THE Funds to Acquire LIBRARY PROJECT. Real Property Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Stanford to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 03/15/04 PAGE FIVE HARDISON, STANFORD, CHAGNON, MADRID NONE ROCHA AYES: COUNCILMEMBERS: HARDISON, STANFORD, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ROCHA Mayor Madrid and Councilmember Chagnon expressed concern regarding the Item referring to Discussion a lump sum option for health insurance during retirement, requesting that the policy be Health Ins Investigated. Discussion was held between Councilmembers and staff noting that benefit listed Lump sum to a MOU for management employees, which is very specific. It was consensus that the City Payments Attorney work with Administration regarding the matter. ' Moved by Councilmember Chagnon, by Mayor Pro Stanford 1) Lump Sum seconded -Tem and carried to Authorize the payment of $209,554 to Captain Karen Pihlak in accordance with the Azusa Payment Police Management Association, section 22.2.1 for the lump sum option for health Insurance Health Ins. during retirement; and 2) approve a budget appropriation of $209,544 from the Appvd unappropriated General Fund to budget orgkey # 10-90-000-000-6133. Mayor Madrid dissenting. CONVENE JOINTLY WITH THE REDEVELOPMENT AGENCY TO CONSIDER THE FOLLOWING Cncl/CRA JOINT CONSENT CALENDAR ITEM: convene Jointly IOINT CiTY/AGENCY CONSENT ITEM Councilmember/Director Chagnon addressed item regarding funds for the acquisition of real CounclVDirector property for relocation purposes asking what the City's obligation is for relocation. Question Economic Development/Redevelopment Director Hennessey responded stating that the Agency Dir CRA Is obligated to moved the residents to decent, safe and sanitary housing and that there are Response guidelines that have set limits, and this represents 36 — 40 months of rent differential payments. Councilmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA MAKING CERTAIN FINDINGS Res. 04-C26 UNDER HEALTH AND SAFETY CODE SECTION 33445 WITH RESPECT TO THE USE OF Use of CRA REDEVELOPMENT AGENCY FUNDS FOR THE ACQUISITION OF REAL PROPERTY FOR THE Funds to Acquire LIBRARY PROJECT. Real Property Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Stanford to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 03/15/04 PAGE FIVE HARDISON, STANFORD, CHAGNON, MADRID NONE ROCHA THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 10:02 Cncl Recess P.M. THE CITY COUNCIL RECONVENED AT 10:05 P.M. It was consensus of Council to Keep in prayer Adam Rocha and Paul Mendoza as they have been III and to adjourn in memory of Frank Noriega, Jesse Luevanos Murrillo, Sarah Castro, Rudy Camacho, and Johnny Luna, to Monday, March 22, 2004 at 7:30 p.m. or immediately following the Utility Board meeting, at the Azusa Light and Water Department Conference Room in order to conduct a workshop on Results Based Budgeting. Further, adjourn that meeting to Monday, March 29, 2004, at the Light and Water Conference Room in order to conduct a workshop on the General Plan and then adjourn to Tuesday, March 30, 2004, at 6:00 p.m. at the Azusa Unified School District Office, Professional Development Center Building , entrance off Gladstone, in order to conduct a joint workshop with the Azusa School Board. ITIME OF ADJOURNMENT: 10:06 P.M. NEXT RESOLUTION NO. 2004-C27. ' NEXT ORDINANCE NO. 2004-05. * Indicates Rocha absent. 03/15/04 PAGE SIX CRA convened Keep in Prayer P. Mendoza & A. Rocha Adjourn In Memory of F. Noriega, J. Luevanos Murrillo, S. Castro, R. Camacho & ].Luna