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HomeMy WebLinkAboutMinutes - June 21, 2004 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, JUNE 21, 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. It was consensus of Council to recess to Closed Session to discuss the following: CLOSED SESSION Closed Sess PUBLIC EMPLOYEE APPOINTMENT (Gov. Code Sec. 549571 Public Emp Appointment Title: City Manager Public Emp PUBLIC EMPLOYEE DISCIPLINE(FERMINATION (Gov. Code Sec. 549571 Discipline Title: Accountant Rcss/rcnvn The City Council recessed at 6:30 p.m. and reconvened at 7:30 pm. City Atty City Attorney Carvalho advised that in Closed Session, Council took action by a 4-0, vote, Reports took action to terminate the above noted employee in the accountant position. She 'Council also advised that Ms. Julie Gutierrez was appointed as the City Manager of the City of Azusa. Mayor Pro -Tem Stanford called the meeting to order and led in the Salute to the Flag. Call to Order Mayor Pro -Tem Stanford advised that the City is utilizing a professional negotiator with regard Stanford to labor relations and stated that the Council does not want to be contacted by employees Comments individually. INVOCATION was given by Pastor Samuel Martinez of Christian Family Center of the Valley. Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON ABSENT: COUNCILMEMBERS: MADRID ALSO PRESENT: Also Present City Attorney Carvalho, Interim City Manager Person, Deputy City Manager Gutierrez, Library Director Tovar, Director of Public Works Nakasone, Assistant Director of Utilities Kalscheuer, Public Information Officer Quiroz, Chief of Police Davis, Human Resources Hanson, City Clerk Mendoza, Deputy City Clerk Toscano. ' PUBLIC PARTICIPATION Pub Part Ms. Mercedes Cortez, President of the Azusa Chamber of Commerce, announced that Miss M. Cortez Azusa is getting ready to go to the Miss California Pageant and that they will be having a party Comments next week at Max's Place on Foothill Blvd, on Tuesday, June 29, 2004, at 5:30 p.m. Ms. Geraldine Schroeder addressed Council with complaints as follows: gas stations in Azusa G. Schroeder lack of handicapped access, School District didn't give her proper pension, wants/needs help, Comments she wants to serve Azusa, Nativity Scene should be allowed, problems with kids nowadays, kids should be allowed to do murals, prom is at the beach- should be in Azusa, should hire Mr. Taylor, pool is not heated, gate is locked, and rent is too high, at her complex, she can't walk and she wants a heater. Items were referred to Interim City Manager Person for handling. REPORTS. UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Interim City Manager Person advised that: at the meeting of July 6th, an overview of the Intm City Mgr Monrovia Nursery Project will be presented and a tour of the potential developer's sites in Comments Orange County is scheduled for July 1 O`h; In La Habra, Huntington Beach, and Brea. He advised that the proposed joint School Board meeting, in June will not be held, but maybe In the month of August. He advised that there will be a report on Hwy 39 funds at the meeting of July 6'h. He stated that by June 30" , they will have a report from PARS of the final accounting of employees who have taken the Golden Handshake and staff will contact those employees between jUly 6h and July 12`h. Councilmember Chagnon addressed Councilmembers requesting that she be allowed to put Chagnon together the strategic plan for financing for the Library; she would work with the Library Comments 'Director, City Manager, Library Commission, and people from the community who know about this, due to the need for a back up plan for funding. It was consensus of Councilmembers that that she be allowed to do so. Councilmember Hardison advised that he is very happy that the City of Azusa sent out a press releases advising the community of the City's effort against illegal fireworks. He also noted that he received an update on Block 36 and is happy with it. Interim City Manager Person provided an update on Foothill Shopping Center, stating that I(osmont Partners has been hired to review the Performa provided by the proposed developers to see how much City participation is going to be needed and what the project will be, there was a community meeting, and that in September with the proposed plan will be revealed. Mr. Hardison requested that a study be done on the new motor vehicle gas scooters that are currently on the road and asked if they are safety hazards. Staff responded stating that they are illegal and will provide a report on them. Mr. Hardison expressed concern regarding high winds at the Drive-in area and requested that staff look into the possibility of problems. He then advised that that there is no need for paperwork, since agenda and items are sent electronically. Councilmember Rocha advised that the meeting be adjourned in memory of the following four Azusans: Raymond Grebing, Roy Smith, AI Pacheco, and Helen Rorabeck. He displayed a plaque that was given to the City by the Foothill Middle School Trojans in appreciation of the $100 donation by the City. He asked about the outcome of the meeting at Dalton School regarding 1 O`h Street and the Monrovia Nursery project. Interim City Manager Person advised that the majority of the votes were for the closed with cul-de-sac option, and that he wasn't 'sure when the next meeting was going to be held. Mr. Rocha also expressed his concern regarding the illegal fireworks and would be blanketing the City with flyers regarding the restrictions and penalties. Lastly, he asked that staff stick to the policy that when one Councilmembers makes a request for information, the response should be distributed to all members of the Council. Mayor Pro -Tem Stanford advised that he and Councilmember Chagnon recused themselves from the 10`h Street meeting due to a possible conflict of interest, as they both live on 10'h Street; he recognized Commissioners that were In attendance at the City Council meeting, thanked Ms. Schroeder for her concerns, stating that the graffiti program is good, thanks to calls from the community and lastly thanks to Councilmember Hardison and his concerns regarding high winds at the Azusa Drive In area. SCHEDULED ITEMS Hardison Comments Rocha Comments Stanford Comments Sched Items THE CITY COUNCIL, THE REDEVELOPMENT AGENCY AND THE AZUSA PUBLIC FINANCING Convene jntly AUTHORITY CONVENED JOINTLY AT 8:03 P.M. TO DISCUSS THE FOLLOWING: w/CRA &APFA Interim City Manager Person presented the proposed budget stating that it is a combined operating budget recognizing revenues of $114,140,290 and expenses of $100,362,655; one of the few areas that was considered to be closed was the school crossing guard program, but 'will be funded for one year with Light and Water money, he responded to question stating that the AVSD has been contacted to talk about sharing the cost of the crossing guard program. Deputy City Manager Gutierrez responded to questions regarding the Pony League, stating that there was personnel precise numbers that covered that program. Mr. Person responded to questions regarding number of employees as follows: Fiscal Year 2003-04 - 343.75 and 2004-05 - 309.84, and that although there are down 32 employees, no full time employees were affected, only part time employees were lost. He also responded that they are still In negotiations with bargaining units. Councilmember Chagnon offered comments regarding the severity and seriousness of the budget, which forced the City to live within its means; she detailed. 06/21/04 PAGE TWO Fiscal year 2005 operating budget J. Gutierrez & Council Comments Y Councilmember Hardison offered a Resolution entitled: ,'. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE BUDGET AND Res. 04-C42 APPROVING APPROPRIATIONS FOR THE CITY OF AZUSA FOR THE FISCAL YEAR City Budget COMMENCING JULY 1, 2004 AND ENDING JUNE 30, 2005. Moved by Councilmember Hardison, 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 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MADRID ' Director Hardison offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE Res. 04-1116 CITY OF AZUSA ADOPTING THE OPERATING BUDGET AND APPROVING APPROPRIATIONS CRA Budget FOR THE REDEVELOPMENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1, 2004 AND ENDING JUNE 30, 2005. Moved by Director Hardison, seconded by Director Chagnon to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: HARDISON, STANFORD, ROCHA, CHAGNON NOES: DIRECTORS: NONE ABSENT: DIRECTORS: MADRID Director Hardison offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE AZUSA PUBLIC FINANCING Res. 04-P1 AUTHORITY ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE APFA Budget AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2004 AND ENDING JUNE 30, 2005. 'Moved by Director Hardison, seconded by Director Chagnon to waive further reading and adopt. Resolution passed and adopted by the following vote of the Authority: AYES: DIRECTORS: HARDISON, STANFORD, ROCHA, CHAGNON NOES: DIRECTORS: NONE ABSENT: DIRECTORS: MADRID THE REDEVELOPMENT AGENCY RECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY CRA recess/APFA ADJOURNED AND THE CITY COUNCIL RECONVENED AT: 8:22 P.M. Adjourned CONTINUED PUBLIC HEARING — to receive and consider all evidence and reports relative to Continued PH the City's schedule of fees and charges for its various services, for which users make a direct Fees & Charges payment proportionate to the services rendered. Interim City Manager Person presented the schedule of fees and charges and advised that there R. Person Is a 1.75% CPI increase for various fees and charges as they apply. Comments Testimony was solicited, but, none was received. Testimony/none Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Stanford and unanimously* Hrg Clsd carried to close the Public Hearing. Councilmember Rocha questioned If the bar-b-que pits are included in the rental of the park benches/picnic area and he was advised that it would be clarified. He requested that the yard sale permit be changed back to $15 and the filed issue permit stay at $25. He asked if there was a charge for the Metro Link monthly passes at this time. Discussion was held regarding the impacts of not charging listed costs for services. Director of Public Works Nakasone responded to questions regarding passes stating that it is variable and explained the process. Moved by Councilmember Chagnon, seconded by Councilmember Hardison and carried to approve attached fees and charges schedule to be effective starting July 1, 2004. Councilmember Rocha dissenting. 06/21/04 PAGE THREE Rocha Comments Fees R Charges Schedule Approved as Presented PUBLIC HEARING - to consider adjustments to rates for refuse collection services and other Pub Hrg fees in effect pursuant to the California Integrated Waste Management Action of 1989 and Rates for Refuse California Public Resources Code Section 41901. Collection The Mayor Pro -Tem declared the Hearing open. The City Clerk read the affidavit of proof of Hrg open publication of notice of said hearing published in the Azusa Herald on June 16, 2004. Testimony was solicited, but, none was received. Testimony/none Moved by Councilmember Chagnon, seconded by Councilmember Hardison and unanimously Hrg Clsd carried to close the Public Hearing. Councllmember Chagnon offered a Resolution entitled: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, APPROVING AN INCREASE IN THE CITY'S INTEGRATED WASTE MANAGEMENT FEE (-AB 939 FEE") Moved by Councllmember Chagnon, seconded by Councllmember Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MADRID Councilmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, APPROVING THE SIXTH AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT WITH ARAKELIAN ENTERPRISES TO AMEND THE SERVICE RATES AND FEES FOR FISCAL YEAR 2004-2005. Moved by Councilmember Chagnon, seconded by Councilmember Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON NOES: COUNCILMEMBERS: NONE ' ABSENT: COUNCILMEMBERS: MADRID Interim City Manager Person and City Attorney Carvalho presented a proposed ordinance establishing a Special Fund for the Monrovia Nursery Development Agreement revenues detailing the development agreement fees in the amount of five million dollars and traffic Impact fee of 1.125 million dollars. City Attorney Carvalho stated that this does not include water connection fees, processing fees, etc., so she suggested that they use the development agreement Sub -Committee, Mayor Pro -Tem Stanford and Councilmember Chagnon, go through the proposed ordinance and weigh the pros and cons of each of the recommendations. She stated that if Council does not want to adopt the ordinance as presented, then It should be taken back and changes should be made and then brought back for proposed introduction. She stated that as the ordinance Is drafted, Council has complete control over the development agreement fee and traffic impact fee, and that before any of the money can be spent, Staff would have to come to Council for the programming and approval of the spending of those monies. She detailed the purpose of the proposed ordinance and answered questions posed by Councilmembers. Res. 04-C43 Inc City's Int Waste Mngmt AB 939 Res. 04-C44 Amend Franchise Agmt Arakelian Ent Prop Ord Control of Developer Fees Paid Monrovia Nursery Deputy City Manager Gutierrez addressed the issue stating that there is a need to set a policy J• Gutierrez on the criteria on the use of the funds. She stated that the Sub Committee needs to give clear Comments direction to the Staff and recommended that the two funds should definitely be separated. Councilmember Chagnon provided suggestions on mechanisms, policies, etc. for the use of the Chagnon development agreement fee; a suggestion was setting the money aside and only programming Comments the interest from it, and it would go into the undesignated reserve and the policy could be that they would invest half of it and the other half could be spent on x, y, or z. She also talked about the traffic mitigation fees that will be received from Monrovia Nursery and Azusa Pacific University and offered other options regarding the funds. Moved by Councilmember Chagnon, seconded Councilmember Rocha and unanimously* Proposed Ord carried to refer the proposed ordinance to the Sub -Committee to create policies and To go to mechanisms for the use of the revenues of the Monrovia Nursery development agreement Sub -Committee fees, in the amount of five million dollar development agreement fee, and traffic impact fees in the amount of 1.125 million dollars. 06/21/04 PAGE FOUR The CONSENT CALENDAR consisting of Items V-A through V -G was approved by motion of Consent Cal Councilmember Rocha, seconded by Councilmember Chagnon and unanimously carried, with Approved the exception of items V -D, which were considered under the Special Call portion of the Special Call Agenda. A. The Minutes of the regular meeting of June 7, 2004, and the Special Meetings of June 1, Min appvd and 14, 2004, were approved as written. B. Human Resources Action Items were approved as follows: Human Res. Merit Increase and/or Regular Appointment: Action Items F. Chavez, R. Moreno, S. Henry, and D. Irish. 'C. The City Treasurer's Statement as of May 31, 2004, was received and filed. Treas Rpt D. SPECIAL CALL ITEM. Spec Call E. Approval was given for the Final Map No. 26858 and its recordation was authorized. Fin Tract Map Res. 04-C45 F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING AN Establish APPROPRIATONS LIMIT FOR THE FISCAL YEAR 2004-05 PURSUANT TO ARTICLE XIIIB OF Appro Limit THE CALIFORNIA CONSTITUTION. G. The following Resolution was adopted and entitled: 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 Councilmember Chagnon addressed item regarding vacation payout to a City employee stating that the New Appropriation form is lacking signature of the Department Head and the Finance Director. it was then moved by Councilmember Chagnon, seconded by Councilmember Rocha and unanimously* carried to approve the Vacation Payout for Nasser Abbaszadeh as follows: 'approve a budget appropriation of $54,121 from the unappropriated General fund to budget orgkey # 1 Q 55-651-000-6075 and a budget appropriation of $34,602 from the unappropriated sewer fund balance to budget orgkey 34-55-66500-6075. Res. 04-C46 Warrants Spec Call Items Vac Payout N.Abbaszadeh Convene jntly THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 8:43 P.M. With CRA TO CONSIDER THE FOLLOWING: R. Person Interim City Manager Person addressed the issue regarding the signage at the new Canyon City Comments Barbeque Restaurant detailing the reasons for the proposed resolution. Councilmember Hardison offered a Resolution entitled: Res. 04-C47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA MAKING CERTAIN FINDINGS CRA funds UNDER HEALTH AND SAFETY CODE SECTION 33445 WITH RESPECT TO THE USE OF For Signage REDEVELOPMENT AGENCY FUNDS FOR THE SIGNAGE IMPROVEMENTS TO THE PROPERTY Improvements LOCATED AT 347 N. SAN GABRIEL BLVD. Moved by Councilmember Hardison, 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 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MADRID ' Interim City Manager Person addressed item regarding the Employment Agreement with R. Person Economic and Community Development Department Director, detailing the reasons for the Comments agreement and background on the issue. He then answered questions posed by Councilmembers regarding priority list of upcoming projects and terms of the agreement. Moved by Councilmember/Director Hardison, seconded by Councilmember/Director Rocha Emp Agmt and unanimously* carried to approve an Employment Agreement between the City of Azusa S. Hightower and Sharon Hightower to provide Professional Services in overseeing the City's Economic and Community Development Department in an amount to exceed $156,000 for Fiscal Year 2005. 06/21/04 PAGE FIVE THE CITY COUNCIL RECONVENED AT 8:52 P.M. Cncl Rcvnd It was consensus of Council to adjourn in memory of Raymond Grebing, Roy Smith, AI Pacheco, Adjourn In and Helen Rorabeck. TIME OF ADJOURNMENT: 8:52 P.M. ' C, CLERK NEXT RESOLUTION NO. 2004-C48. NEXT ORDINANCE NO. 2004-06. 06/21/04 PAGE SIX Memory of R. Grebing, R. Smith, A. Pacheco, and H. Rorabeck