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HomeMy WebLinkAboutMinutes - October 4, 2004 - CCr CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 4, 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 The entire Council presented a Blue Star Certificate to the family of Rocco Bersane, U.S. Army Blue Star to who is serving in Iraq; his mother, Mrs. Bersane, thanked the City Council for the recognition. Bersane Family Mr. Dwight Mc Cannon, of the California Highway Patrol and Ms. Vicky Palmer, of AAA, Award to presented a 10851 Award and a plaque to Azusa Police Officer Dennis Trembly. Officer Trembly Chief of Police Davis presented certificates of commendation to Azusa Police Officers Tommy Cert of Com Avila, Robert Landeros, Jorge Sandoval and Carlos Plascencia; Police Officers John Wachowski, To Azusa Anthony Ventura and Sgt. George Brown were not in attendance, but also received certificates of Police Officers commendation. He then told the story of the Police Officers capturing a suspect who murdered three people in the City of Duarte. He also congratulated officers for the rescue of a family from a fire in the City of Covina. CLOSED SESSION Closed Session Azusa Police Officer Peter Hoh, President of the Azusa Police Officers Association, addressed P. Hoh Council regarding Closed Session item Conference with Labor Negotiators regarding APOA. He APOA Pres. told about the freedom the Association has to the grievance process, specifically, the APOA promotional process and evaluation process. He also relayed information regarding the work of MOU APOA members. Azusa Police Officer Jerry Jarred, member of the APOA, addressed Council expressing his J. Jarred ffustration with the City/APOA negotiation process as it stands this year. He described the APOA process of past negotiations and deemed the current one as unfair. He stated, among, other MOU things, that APOA is not requesting increases In salaries and benefits, but to keep the status quo. Azusa Police Officer Terry Henson addressed Council regarding the MOU between the Azusa T. Henson Police Officers Association and the City expressing his frustration regarding the sick leave cap APOA and detailed scenarios expressing the need for accrued sick leave. MOU Azusa Police Sergeant Mike Gurbada addressed Council expressing his regrets at having to M. Gurbada address Council regarding the current negotiations process for APOA and the unfairness of it. Sgt. APD He detailed the human side of the issue and requested that Council not act on it tonight. Attorney Dieter Dammeler, representing the APOA, addressed Council stating that the contract is D. Dammeier a status quo contract and that the City negotiators have placed eighteen (18) take aways and Comments seven of the items are non -economic items. He described the long term negative significance the take aways would have on the department. The City Council recessed to Closed Session at 7:15 p.m. to discuss the following: Recess Conference with Labor Negotiator fGov. Code Sec. 54957.61 Confw/legal Agency Negotiators: City Manager Gutierrez and Assistant City Manager Person Cncl Organizations/Employee: APOA APOA Real Property Negotiations (Gov. Code Sec. 54956.8) Real Prop Neg. Address: 152 East Foothill Blvd., Azusa, CA 91702 152 E. Foothill Agency Negotiators: City Manager Gutierrez and Assistant City Manager Person Azusa Under Negotiation: Price and Terms of Payment 18, 2004. Real Property Negotiations (Gov. Code Sec. 54956.81 Real Prop Neg. Address: 100 East Foothill Blvd., Azusa, CA 91702 152 E. Foothill Agency Negotiators: City Manager Gutierrez and Assistant City Manager Person Azusa Under Negotiation: Price and Terms of Payment D. Fraser, L. Ms. Renate Renee Bergmann addressed Council regarding falling trees, weeds and blank spaces R. Bergmann Comments Reconvened The City Council reconvened at 8:05 p.m. will be planting native plants in that area. City Attorney Carvalho advised that there was no reportable action taken in Closed Session. City Attny No Rpts Mayor Madrid called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION was given by Reverend Leroy of the First Assembly of God Church. Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Gutierrez, Assistant City Manager Person, Chief of Police Davis, Director of Utilities Hsu, City Librarian Tovar, Director of Recreation and Family Services Jacobs, Public Information Officer Quiroz, Assistant Director of Community Development Onaga, Monrovia Nursery Project Manager Bruckner, Senior Librarian Shahsavari, City Treasurer Macias, Director of Public Works Nakasone, Director of Human Resources Hanson, City Clerk Mendoza, Senior Office Specialist Hernandez. Mayor Madrid announced that the item relating to the MOU with APOA will be removed from Madrid Comments the agenda to be acted upon at another meeting. It was consensus of Council to bring forward Reso Neg Item regarding the proposed resolution for Negotiation Impasse with Azusa Police officers Impasse APOA Association (APOA). Moved by Councilmember Hardison, seconded by Councilmember Rocha Continued to ' and unanimously carried to continue the Item to the next Council meeting to be held on October 10/18/04 1 18, 2004. L'Pringle Solis' Rep Council and to the public stating as the new representative of the Azusa area. Pub Part PUBLIC PARTICIPATION L. Harrington Azusa Golden Days Events Chairperson Rosemary Salce addressed Council announcing the wee li R. Salce Golden Days long Golden Days events and urged all to join in on the events. She displayed the new Golden Events Days blanket stating that they are on sale now for $50. D. Fraser, L. Ms. Renate Renee Bergmann addressed Council regarding falling trees, weeds and blank spaces R. Bergmann Comments in the northern area near Ellsworth. Councilmember Rocha advised that the tree planting crew F. Wrobbel will be planting native plants in that area. Comments Mr. Rick Cole and Ms. Katherine Perez addressed Council donating a check in the amount of R. ColeDonation $1,000 to the National Little League, a check in the amount of $1,000 to the Azusa Recreation To various Program, a check In the amount of $1,000 to the Azusa Library, a check in the amount of Programs $1,000 to the Neighborhood Homework House, and a check in the amount of $1,000 to the Victor Hodge PTA; all from the proceeds of the sale of their house in Azusa. Ms. Lisa Pringle, representative of Congresswoman Hilda Solis' Office, introduced herself to L'Pringle Solis' Rep Council and to the public stating as the new representative of the Azusa area. Lisa Harrington, Azusa School Board Member, addressed Council expressing her opinion in L. Harrington 'Ms. favor of the Azusa Police Officers Association, and was very happy to learn that the negotiations Comments will be continuing. Ms. Dolores Fraser, Lee Nettleton and Francis Wrobbel, on behalf of the Sierra Village. D. Fraser, L. Homeowners Association, addressed Council requesting information/direction on who will pay Nettleton & for the repair of the sidewalk and curbs along the side of their complex. The Item was referred F. Wrobbel to staff to be researched. Comments Ms. Lana Grizzell addressed Council congratulating Mayor Madrid on her new job, thanked L. Grizzell Councilmember Rocha for being a good person and congratulated Caroline Cruz and Mr. Rocha Comments for being selected at the Honored Citizen for the Golden Days celebration. 10/04/04 PAGE TWO Mr. Jim Gore of Vulcan Materials Company, responded to Councilmembers questions regarding J. Gore the landscaping plans, stating that the plans were conceptional until they find out what the City Vulcan is looking for and will now finalize the plans. He also stated that they would be deleting items 4, 5, 8.6, regarding the wrought iron fencing, the gate and the pilaster, which Vulcan will install, and will 'decrease the funding according to what the cost would be, which is approximately, $36,000 10/04/04 PAGE THREE Mr. William Alston addressed Council regarding no parking on Pasadena on Wednesday, W. Alston October 6, 2004, for street sweeping. The Issue was referred to staff. Comments Mr. Victor Valenzuela addressed Council and audience encouraging all to register to vote and V. Valenzuela requests support for his Assembly candidacy. Comments REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Councilmember Hardison encouraged all to participate In the Golden Days events. Hardison Comments Mayor Pro -Tem Stanford announced that Dr. Felix of Azusa Pacific University has written a book Stanford and encouraged all to read it. Comments Chagnon invited all to join in on the Luau, a Golden Days Event, to be held on Chagnon 'Councilmember Wednesday, October 6, 2004, at the Azusa Senior Center, which is being sponsored by the Comments Azusa Woman's Club. Councilmember Rocha requested that the meeting be adjourned in memory of Michael Aguirre Rocha Sr., longtime Azusa resident, who recently passed away. He requested an update on the Leroy Comments Harris headstone City Attorney for an update on the Leroy Harris headstone questions and she responded. Mayor Madrid thanked all who volunteer to make the Azusa Golden Days event successful. She Madrid announced that she has begun full time employment as Field Manager for Supervisor Gloria comments Molina. Project Manager Bruckner presented an update on the Monrovia Nursery Project and answered R. Bruckner questions posed by Councilmembers. comments SCHEDULED ITEMS Sched Items CONTINUED PUBLIC HEARING — to consider an amendment to the existing Conditional Use Pub Hrg Permit C-89-20 & P-89-181 for Vulcan Materials/Azusa Rock, 3901 Fish Canyon, Azusa, CUP California. Vulcan Community Development Director Onaga addressed the Hearing stating that this is a Asst Com Dev 'Assistant request for a modification of the Conditional Use Permit for the Azusa Rock mine; the applicant Dir Is Vulcan Materials. He stated that the request has to do with the haul road operation of the Comments quarry. He noted that in 1988 there was a modification, approved by the Council, in an effort to get rid of truck traffic off of Encanto Parkway with the following conditions: It allowed the construction of the conveyor system to take some of the product across the river and down to the Irwindale plant and allowed construction of a haul road for the large trucks so that they could bypass Encanto Parkway, by going across the river along a parallel road on the other side of the river. He stated that the problem with the haul road part of the modification is that it crossed the bike trail, so there was a condition that required a grade separation at that point where the two roads intersected. Recently, Vulcan submitted a different proposal because they don't have to use trucks, but they can use the conveyor belt. The request now is to change those conditions of the requirement of the grade separated bridge, which has gone to Planning Commission and they have recommended approving the request with conditions. The have to do with eliminating all the language that requires the haul road and talks conditions about truck traffic on the haul road and Encanto Parkway: they have agreed not to use the large trucks on these roads. He stated that one of the conditions had to do with a small triangular area where the regional bike trail runs to Todd Avenue and the condition required them to landscape that area; the applicant has proposed to deliver landscaping plan, together with $50,000, in lieu of the condition. Staff and the Planning Commission have recommended that the resolution to make the modification to the Conditional Use Permit. Mr. Onaga then answered questions posed by Councilmembers. Councilmembers expressed concern regarding landscaping plans, maintenance, conveyor belt Council and signage. concerns Mr. Jim Gore of Vulcan Materials Company, responded to Councilmembers questions regarding J. Gore the landscaping plans, stating that the plans were conceptional until they find out what the City Vulcan is looking for and will now finalize the plans. He also stated that they would be deleting items 4, 5, 8.6, regarding the wrought iron fencing, the gate and the pilaster, which Vulcan will install, and will 'decrease the funding according to what the cost would be, which is approximately, $36,000 10/04/04 PAGE THREE Moved by Councilmember Chagnon, seconded by Councilmember Hardison and unanimously Hrg cisd carried to close the Public Hearing. Councilmember Rocha requested that Condition #3, regarding signage, be both in English and In Rocha Spanish and that a telephone number to contact Vulcan, be included. He requested that the trail Condition #3 be checked for debris on a daily basis, which is referred to in Condition #5, with regard to ✓1` #5 maintenance. Councilmember Chagnon addressed condition # 13, stating that she would like to see final plans Chagnon that are ready for approval. She asked if they have to go through a planning process or park and Condition # 13 recreation process, she would like something useable for them to implement. Mr. Onaga responded that they will go through a review process by the Parks Department. 'Mayor Madrid requested that with regard to Condition # 14, regarding the razor wire, that the Madrid word "shall" be used instead of "should". Condition # 14 It was clarified that in addition to the $40,000, Vulcan will build fencing, gates and pilasters and Clarification Vulcan will provide the City with a final set of plans that have gone through the City. Mr. Gore agreed to all of the above mentioned requests that will be included in the final J. Gore resolution Conditions of Approval. Comment Moved by Councilmember Hardison, seconded by Mayor Pro -Tem Stanford and carried to Amendment approve the application for an amendment to the existing Azusa Rock Conditional Use Permit To Azusa Rock (Special Use Permit Resolution No. 8553), which allowed the operation of the Azusa Rock CUP Company Quarry and waive further reading and adopt the following: Approved Councilmember Hardison offered a Resolution, as amended, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AN AMENDMENT Res. 04-C71 TO AZUSA ROCK CONDITIONAL USE PERMIT (SPECIAL USE PERMIT RESOLUTION NO. 8553) Amend CUP Special Use Moved by Councilmember Hardison, seconded by Mayor Pro -Tem Stanford to waive further Permit reading and adopt. Resolution passed and adopted by the following vote of the Council: Vulcan Mat. 'AYES: COUNCILMEMBERS: NOES: COUNCiLMEMBERS: ABSENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON MADRID NONE PUBLIC HEARING —to consider valid requests with regard to the use of approximately $13,000 Pub Hrg from the Local Law Enforcement Block Grand and $100,000 for the Citizens Option for Public LLEBG & Safety Grant for Fiscal Years 2004-05. COPS Grants 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 September 23, 2004. Chief of Police Davis addressed Council providing a breakdown of the appropriation of the grant COP funds as follows: $100,000 will be utilized for the FAST Program, Legal Review of AZPD Policy Comments Manual, G36 Sights, and Ruggedized laptops, associated equipment and installation. The LLEBG will be used towards Ruggedized laptops, associated equipment and installation. The carryover/interest will be used for G36 Sights, Ruggedized laptops, and equipment and Installation, remote control radios/radio service and personal protective equipment. Moved by Councilmember Chagnon, seconded by Councilmember Rocha and unanimously Hrg Closed carried to close the Public Hearing. Moved by Mayor Pro -tem Stanford, seconded by Councilmember Rocha and unanimously Budget Amend 'carried to amend the 04-05 City budget to Include appropriation of funds to be received form Approved the State Citizens' Option for Public Safety (COPS) Program ($100,000) and Local Law Enforcement Block Grant ($12,713). Further approval was given to recognize and appropriate $45,748 in Interest and carryover funds from FY from various grants itemized. The CONSENT CALENDAR consisting of Items VI -A through VI -H was approved by motion of Consent Cal Councilmember Rocha, seconded by Councilmember Chagnon and unanimously carried, with VI -E, G. 8 the exception of items VI -E, G, and H, which was considered under the Special Call portion of H Spec Call the Agenda. A. The Minutes of the regular meeting of September 20, 2004, were approved as written. Min approved 10/04/04 PAGE FOUR B. Human Resources Action Items were approved as follows: Human Res. Merit Increase/Regular Appointment: R. Cabildo, A. Garcia, S. Cabral, W. Mandigo, and S. Action Items Smith. Flexible Staffing Promotion: H. Quintero, Senior Accountant, effective April 17, 2004. C. Approval was given to adopt the grand deed in favor of Azusa form the development Grant Deed located at 915 E. Arrow Highway, and authorize its recordation. 915 E. Arrow D. The following contracts were approved for the Monrovia Nursery Project: UltraSystems for Monrovia Acoustic and Hazardous Materials Review, Petra Geotechnical for Geology/Geotechnical, Nursery Mia Lehrer Associates for Landscape Architecture, Cogstone Resource Management for Project Archaeology and Paleontology, Michael Brandman Associates for biology and Architectural Consultants History, and Jay Goldstone as Financial Advisor. Authorization was also given to the City Manager to approve future amendment to contract amounts as may be necessary. E. SPECIAL CALL ITEM. Spec Call F. Specifications for bidding of the construction of the US Forest Service Interpretive Center Specs US were approved. Forest Inter. G. SPECIAL CALL ITEM. Spec Call H. SPECIAL CALL ITEM. Spec Call SPECIAL CALL ITEMS Spec Call Items Councilmember Rocha addressed item regarding the reimbursement agreement with Azusa land Rocha partners (ALP) requesting that the work "many" be changed to "all" the background portion of Comments the agenda report. He requested clarification of a sentence in the Recitals, Section C, and City Agmt w/ALP Attorney Carvalho responded stating that in the development agreement the City has considered community facilities districts (CFD); the subject sentence doesn't mean the "City's public dollars" but, the use of "public bonding". Councilmember Hardison addressed the same agreement with ALP, requesting that signs be Hardison posted during the construction phase, and that a telephone number be listed in order for Comments residents to call if dust Is noticed coming from the project. Councilmember Rocha reminded Agmt w/ALP Project Manager Bruckner that Dalton School and Saint Frances School should be notified when grading takes place, in order for the schools to decide If children should have recess or not. Moved by Councilmember Chagnon, seconded by Councilmember Rocha and unanimously Agmt w/ALP carried to approve the Reimbursement Agreement wit Azusa Land Partners (ALP) In order to Approved cover the City's consult costs relative to the implementation of the Monrovia Nursery Project. Authorization was given to the City Manager to amend the Reimbursement Agreement in the future as needed, with respect to budget amounts, and expansion of the consultant list. Councilmember Chagnon addressed item regarding the MOU between the City, the San Gabriel Chagnon and Lower Los Angeles Rivers and Mountains Conservancy and the San Gabriel Mountains Comments Regional Conservancy, Terms Section, requesting clarification on hourly rate. Assistant City MOU Rivers Manager Person responded stating that the workplan will run from September of this year to & Mountains August of next year. Mayor Madrid reminded all that the Board of the Rivers and Mountains Conservancy Conservancy are concerned -about the two million dollars in grant funding that the City of Azusa has not spent. Moved by Councilmember Chagnon, seconded by Councilmember Rocha and unanimously MOU SG & carried to approve the Memorandum of Understanding between the City, the San Gabriel and Lwr LA Rivers Lower Los Angeles Rivers and Mountains Conservancy and the San Gabriel Mountains Regional & Mnts Csvcy 'Conservancy. Councilmember Chagnon announced that Dave Potter, newly appointed Library Commissioner Chagnon and Debbie Kindred, newly appointed member of the Cultural and Historical Preservation Comments Commission were in the audience. She then questioned the procedure regarding how to keep Re: appts Mr. Flowers on the Planning Commission until the new Development Code is adopted. To Brds & Com After discussion, it was moved by Councilmember Chagnon, seconded by Councilmember Rocha Reso amended and carried to amend the resolution appointing Mr. Dierking to the Planning Commission to read Ping Comm that his appointment will become effective immediately following the adoption of the Development Code by the Planning Commission; further, Mr. Flowers will remain as Commissioner until that time. Mayor Madrid dissenting. 10/04/04 PAGE FIVE Moved by Councilmember Chagnon, seconded by Councilmember Rocha and carried to direct CityAttny the City Attorney to comeback with a proposed ordinance reducing the Cultural and Historical Dir Ord re: Preservation Commission to five members, also, included In the motion was that proclamations Reduce Cult be prepared for presentation to all outgoing commissioners. Madrid adrid dissenting. & Hist Com Councilmember Chagnon offered the following Resolutions entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSAAPPOINTING MADELYN PAYNE Res. 04-C72 TO THE LIBRARY COMMISSION. M. Payne Lib A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE -APPOINTING LESLIE Res. 04-C73 DIERKING TO THE PERSONNEL BOARD. L. Dierking 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING JOHN R. Res. 04-C74 DIERKING TO THE PLANNING COMMISSION. J. Dierking A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING ROSSANA Res. 04-C75 HELBERT TO THE PARKS AND RECREATION COMMISSION. R. Helbert A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING PAUL Res. 04-C76 NACCACHIAN THE HUMAN RELATIONS COMMISSION. P. Naccachlan A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING DAVE POTTER Res. 04-C77 TO THE LIBRARY COMMISSION. D. Potter A RESOLUTION OF THE CIN COUNCIL OF THE CITY OF AZUSA APPOINTING DEBBIE KINDRED Res. 04-C78 TO THE CULTURAL AND HISTORICAL PRESERVATIONCOMMISSION. D. Kindred A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING CHRISTINA Res. 04-C79 VALDEZ TO THE HUMAN RELATIONS COMMISSION. C. Valdez A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE -APPOINTING CARLOS Res. 04-C80 UDRIA TO THE PARKS AND RECREATION COMMISSION. C. Udrla Moved by Councilmember Chagnon, seconded by Councilmember Rocha 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 CITY COUNCIL CONVENED JOINTLY AT 9:47 P.M. WITH THE REDEVELOPMENT AGENCY CncI/CRA TO DISCUSS THE FOLLOWING: convene Jntly Adoption Of A Relocation And Replacement Housing Plan For The Dalton Properties Acquisition Prosect. After discussion, Councilmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSAAPPROVING AND ADOPTING A RELOCATION AND REPLACEMENT HOUSING PLAN IN CONJUNCTION WITH THE PROPOSED NEW CITY LIBRARY PROJECT. 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, ROCHA, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE 'ABSENT: COUNCILMEMBERS: NONE THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 9:48 P.M. THE CITY COUNCIL RECONVED AT: 9:50 P.M. Councilmember Chagnon offered an Ordinance entitled: Relocation & Replacement Hsg Lib Pry Res. 04-C81 Approving & Adopting Relocate & Replacement Hsg Convene CRA Cncl recess Cncl reconvene A REVISED AND RESTATED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA Ord No. 0-09 EXTENDING THE PLAN EFFECTIVENESS DEADLINE AND THE TAX INCREMENT RECEIPT Amend Redev DEADLINE FOR THE REDEVELOPMENT PLAN FOR THE AMENDED AND RESTATED Plan Tax REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END Increment REDEVELOPMENT PROJECT AREA. 10/04/04 PAGE SIX Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Stanford to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COLINCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID NOES: COLINCILMEMBERS: NONE ABSENT: COLINCILMEMBERS: NONE It was consensus of Council in memory of Michael Aguirre Sr. and Louis Aguirre. Adjourn in Memory of Michael Aguirre Sr. & Louis TIME OF ADJOURNMENT: 9:30 P.M. Aguirre CITY CLERK NEXT RESOLUTION NO. 2004-C82. NEXT ORDINANCE NO. 2004-09. 10/04/04 PAGE SEVEN