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HomeMy WebLinkAboutMinutes - November 15, 2004 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 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 SESSION The City Council recessed to Closed Session at 6:30 p.m. to discuss the following: Recess REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Real Prop Neg. Address: Block 37 — 100 West Foothill Blvd., Azusa, CA 91702 100 W. Foothill Agency Negotiators: City Manager Gutierrez and Assistant City Manager Person Azusa Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Address: Block 36 (Foothill Blvd., Azusa Ave., 6th St., Alameda Ave.) Block 36 Agency Negotiators: City Manager Gutierrez and Assistant City Manager Person Azusa 'Under Negotiation: Price and Terms of Payment EMPLOYEE EVALUATION (Gov. Code Sec. 549571 Empl Evaluation Title: City Manager City Mgr Moved by Mayor Pro -Tem Stanford, seconded by Councilmember Chagnon and unanimously Add Clsd Sess carried to add item IV -D, Side Letter for Military Service Credit to the Closed Session portion of Item the Agenda as follows: CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code Sec. 54957.6) Conf w/Labor Agency Negotiators: City Manager Gutierrez and Assistant City Manager Person Negotiators Organizations/Employee: Executive, CAPP, IBEW and ACEA The City Council reconvened at 7:30 p.m. Reconvene City Attorney Carvalho advised that there was no reportable action taken in Closed Session. She City Attny stated that Item regarding Side Letter for Military Service Credit on the open session may be No Rpts postponed and matter regarding employee evaluation will be discussed further at the end of the Council Meeting. Mayor Madrid called the meeting to order and led in the Salute to the Flag. INVOCATION was given by Reverend Samuel Martinez of Christian Faith Center of the Valley. ' ROLL CALL PRESENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: City Attorney Carvalho, City Manager Gutierrez, Assistant City Manager Person, Captain Garcia, Assistant Community Development Director Onaga, Development Code Project Manager Lisa Brownfield, Director of Public Works Nakasone, Director of Human Resources Hanson, PIO Quiroz, Economic and Community Development Director Hightower, City Clerk Mendoza, Deputy City Clerk Toscano. Call to Order Invocation Roll Call Also Present PUBLIC PARTICIPATION Pub Part Mr. Mike Lee addressed Council thanking them for extending the APOA contract. He voiced M. Lee concern regarding the proposed 300,000 homeless veterans throughout the country and Comments questioned what the community can do as a whole to help with this problem; he offered his help in any way he can. Mr. Seamus McKeever addressed Council expressing his opinion regarding the placement of S. McKeever condominiums at the Foothill Shopping Center, veterans and the war in Iraq. Comments Ms. Lana Grizzell addressed council expressing her opinion regarding the Foothill Shopping L. Grizzell Center and the lack of retail space and the lack of the ability to receive tax revenue. Comments REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Councilmember Rocha advised that on Saturday he and others in the community sent 200 lbs of sweets to soldiers in Iraq. He announced that on Saturday, November 20`h at 1 1 a.m. Veterans from the Veterans Hospital will be brought to the VFW and served a Thanksgiving Dinner. He announced that Azusa High School Academy of the Arts will be presenting "Sleeping Beauty & The Beast, from Monday November 15' through Friday, November 19'h, at the Little Theater on Rockvale, General Admission $4, at 7 p.m. He thanked all who attended the Veteran's Day Ceremony on November 1 1 `h, but special thanks to Azusa High Drum Line and JROTC. He, on behalf of himself, his sisters Stella and Dorothy and his brother Richard, thanked all who expressed condolences on the passing of their mother and shared how much it means to his family as well as his mother, that the meeting would be adjourned in her memory. He thanked his family members, sisters Stella and Dorothy, brother Richard, nephews Anthony and Little Mark for taking the time to care for his mom. He then requested that the meeting be adjourned in memory of his mom Vera Romero Rocha and in memory of John Martinez. Councllmember Chagnon thanked Councilmember Rocha for the Veteran's Ceremony on November 1 1'h, noting that three members of the community, Mr. Monroe, Mr. Carpenter and Mr. Herald were honored for their military service; one had been waiting for his medal for 59 years. She announced that there will be a fundralser on Wednesday night at the Felix Event Center at APU, the Azusa Fire Department and Police Department and Covina Fire Department and Police Department will be competing in a basketball game and raising funds for an Azusa Officer who has cancer and a Covina Officer who has been in a coma for over a year as a result of an accident. The time is 6:30 p.m. and the cost is $10.00. Rpts/Updates Rocha Comments Chagnon Comments Mayor Pro -Tem Stanford read a statement announcing that he will not be running for public Stanford office in the March 8, 2005, election. He highlighted the events that took place during his Comments tenure as a Councilmember and shared his plans for the future. SCHEDULED ITEMS Sched Items CONTINUED PUBLIC HEARING — a request to amend various sections of the Azusa Municipal Pub Hrg Code to ensure conformance between the City's recently adopted General Plan and the City's Dev Code Development Code. Zone Change Number Z-2004-01. City Manager Gutierrez advised that they would receive testimony and continue the public City Mgr hearing to a workshop to be held on November 29, 2004. Comments Project Manager Brownfield addressed the issue announcing that at the last public workshop City Council decided that they would change the proposed development code to allow for some non -conforming uses within certain areas of the City, the Downtown District and the Foothill Corridor to be amortized out or phased out within a certain period of time, not determined yet She stated that with regard to the Gun Club, the draft Development Code continued the Gun Club as a non -conforming use, with a shorter period of amortization; the Planning Commission had changed and recommended to the City Council that the Gun Club be a permitted use in the Open Space designation. The City Council at the workshop, stated that the Gun Club would be ' a non -conforming use, with no amortization period yet. The following persons addressed Council expressing their views in favor of the Gun Club being allowed as a permitted use: Craig Pagano, Kimberly Rhode, James Glass, Court Gosser, and Peter Allen. The following persons addressed Council expressing their views against the Gun Club: Mark Rodriguez, Sandra Rentschler, Sergio Balsante, Maricela Cuevas, Horacio Godoy and Chuck Limmer. Project Mgr Comments Comments in Favor of Gun Club/Comments Against Gun Club Moved by Mayor Pro -Tem Stanford, seconded by councilmember Hardison and unanimously Continued to carried to continue discussion the Public Hearing to a workshop on November 29, 2004, at the 11/29/04 Azusa Light and Water Department Conference Room at 6:30 p.m. 11/15/04 PAGE TWO THE CITY COUNCIL CONVENED JOINTLY WITH THE AZUSA REDEVELOPMENT AGENCY TO Cncl/CRA CONDUCT THE FOLLOWING JOINT PUBLIC HEARING AND CONSIDER THE AGENDA ITEM: Convene Jntly iOINT PUBLIC HEARING —approval of California Health and Safety Code Section 33433 Report jnt Pub Hrg and Disposition and Development Agreement with Foothill Boulevard, LLC Group for the DDA — 100 W. development of 100 W. Foothill Boulevard, (formerly the Sav-On Furniture Site). Foothill Blvd Assistant City Manager Person addressed the Public Hearing stating that there is a need to Assist City Mgr receive testimony on the proposed DDA and make certain findings pursuant to California Health Comments and Safety Code as well a approved the DDA with 100W. Foothill Boulevard, LLC. He provided a brief history of the sale of the property and stated that the purchase price has dropped from 1.7 million to 1.58. He stated that although the Water Fund purchased the property, it would be repaid by the Agency and the Developer. He stated that he has two letters of intent, one from Starbucks and one from UPS, rents are going to be $2.75 and $2.50 a square foot. He stated that the site is 21,000 square feet property and will be re -doing the structure with additions or changes. He stated that the developer will place a deposit for $50,000 and provisions are in place to control the design and the tenant occupants. He then explained the contents of the DDA. 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 November 5th, 12', 2004. Mr. Michael Hennessey of Hennessey Group presented a power point presentation describing M. Hennessey the property located at 100 West Foothill Boulevard and the project amenities, target tenants, Comments and white linen dining. He then answered questions posed by Councilmembers regarding the aggressive timeframe, enforcement of removal of graffiti, guarantee, $50,000 deposit, impact on existing coffee hduses/vendors and building improvements. Mr. John Moore, owner of Smart City Grinds, addressed the Public Hearing expressing his Testimony frustration regarding the proposed tenant, specifically, Starbucks, as his place of business is a John Moore coffee house. He also detailed what he entitled obstacles to economic growth on Azusa Avenue, i.e. poor planning, serious parking problem, sewer backup, poor communication with City Hail, etc. He provided suggestions on how to improve the downtown area. Mrs. Debbie Moore, co-owner of Smart City Grinds addressed the issue stating that the project Debbie Moore will be directly affecting their business. She stated that although they have several local groups Comments using their business, they were just beginning to show progress with their business. She noted that when they moved to that location they were assured, by the Redevelopment Agency, that a Starbucks would not be placed in that area and one week ago they were told a Starbucks would be going into the area. Mr. Kyle Thompson addressed the Public Hearing sharing his experiences of his time in Azusa K. Thompson and voiced concerns regarding a Starbucks being placed next to Smart City Grinds, especially Comments because there is already a Starbucks within a couple of miles from the subject location. Mr. Seamus McKeever addressed the issue with suggestions on how to approach the project. S. McKeever Mr. Uriel Macias addressed the Public Hearing stating that he is in favor of free market, but that U. Macias he is in favor of Smart City Grinds. He stated that his concern is that the proposed developer Comments was the Interim Redevelopment Director for two years and nothing happened in that area, but yet after six months after leaving the position, he has returned to put a business there; he stated that there is something fundamentally wrong with this action. Mr. Wayne Fletcher, owner of the property located across the street from the subject area W. Fletcher expressing his concern regarding the downtown area stating that the City should allow the Comments people to rent the property that exists on Azusa Avenue. Ms. Peggy Martinez expressing her opinion regarding the issue, stating that ever since Mike P. Martinez Hennessey came he changed the Redevelopment Agency for the better; she stated she wants Comments 'progress and quality for the downtown and that corner has been bad for the City for years. She advised that Smart City Grinds caterers to special groups and that there is a need for a Starbucks, too. Ms. Whitney Manus addressed the issue and shared her experience with Starbucks, stating that W. Manus she requested fair trade coffee, that that they didn't have it. She stated that Smart City Grind Comments has fair trade coffee all of the time. Mr. Mark Ades, Cultural and Historical Commissioner, addressed the Issue in favor of Mike M. Ades Hennessey and his character stating that he has accomplished a lot in the City. Comments 11/15/04 PAGE THREE Ms. Mercedes Cortez addressed the Public Hearing stating that competition breeds success and M. Cortez that she is In favor of redevelopment within the City and that there is a need for it. Comments City Attorney Carvalho addressed the legal issue regarding a potential conflict of interest under City Attny Section 33130 of the Health and Safety Code with regard to Mr. Hennessey, since he was an Comments employee who had left employment and now was contracting with the City. She advised that after her research she found no conflict of Interest under the Health and Safety Code, or Political Reform Act, detailed her findings and offered to provide Council with a copy of the documents. Moved by Councilmember Chagnon, seconded by Councilmember Rocha and unanimously Hrg Clsd carried to close the Public Hearing. Councilmember Chagnon provided a brief history of the downtown area and the efforts the Chagnon 'current City Council has been making towards revitalizing it with new businesses. She then went Comments on to point out several items that needed to be corrected or were inconsistent in the Summary Report regarding Section 33433 of Community Redevelopment Law in the Health and Safety Code and the Disposition and Development /agreement with 100 W. Foothill Boulevard, LLC. She also noted corrections through the proposed Development Agreement, Grant Deed and Certificate of Completion. Moved by Councilmember Rocha to approve the project as stated but, w/thout, the Starbucks. Rocha Motion died for the lack of a second. Motion After Council comments It was Moved by Councilmember Chagnon, seconded by DDAw/100 W. Councilmember Hardison and carried to approve the proposed Disposition and Development Foothill, LLC Agreement with 100 W. Foothill Boulevard, LLC, as amended. Mayor Madrid and approved Councllmember Rocha dissented. Councilmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA MAKING CERTAIN FINDINGS PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 33433 IN CONNECTION WITH A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND 100 WEST FOOTHILL BOULEVARD, LLC. '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, CHAGNON NOES: COUNCILMEMBERS: ROCHA, MADRID ABSENT: COUNCILMEMBERS: NONE Councilmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH 100 WEST FOOTHILL, LLC. Moved by Councilmember 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, CHAGNON NOES: COUNCILMEMBERS: ROCHA, MADRID ABSENT: COUNCILMEMBERS: NONE 11 was consensus of Councilmembers that item regarding the professional services agreement ' with GRC Consultants, Inc., be removed from the agenda. It was consensus of Councilmembers that Item regarding side letters to the Executive, Civilian Association of Police Personnel, and International Brotherhood of Electrical MOUS to Include Military Service Credit, be held over to the Utility Board Closed Session. Res. 04-1128 CRA Health & Safety Code 100 W. Foothill LLC Res. 04-C29 DDA 100 W. Foothill LLC GRC Consultant Inc. removed Side Letter Military Service Deferred The CONSENT CALENDAR consisting of Items V-A through V-1 was approved by motion of Consent Cal Mayor Pro -Tem Stanford, seconded by Councilmember Hardison and unanimously carried. Approved A. The Minutes of the regular meeting of November 1, 2004, were approved as written. Min approved 11/15/04 PAGE FOUR B. Human Resources Action Items were approved as follows: Human Res. New Appointments: M. Alcaraz-Reyes, Account Specialist, pending physical. Action Items J. Retana, Office Specialist, pending physical. Separations: T. De La Torre, Park Maintenance Worker 111, effective 10/13/04. C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA. CALIFORNIA, CASTING ITS Res. 04-C87 VOTE FOR COUNCILMEMBER TO REPRRESENT CITIES WITH PRESCRIPTIVE PUMPING G. Nordbak RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY. Wtr Qlty Auth D. Approval was given to waive formal bidding procedures in accordance with the Azusa MCD Software Municipal Code and approve the software maintenance and support contract from Motorola Motorola Inc. Inc, in the amount of $13,422.00, subject to any changes made by the City Attorney. ' E. Authorization was given to staff to solicit "Requests for Proposals" for supplemental garage RFP Garage services. Mayor Madrid requested that cost and supervision be monitored. Services Approval was given for the Employer Pickup Resolution Pre -Tax Payroll Deduction Plan for Pre -Tax Payroll Service Credit Purchases (Contribution Code 14). Deduct. Plan G. Authorization was given to purchase (1) Sewer Camera Truck (via "Piggyback" bid, from Purchase Sewer Pearpoint, Inc in the amount of $119,850.72 and appropriate $119,850.72 from the Sewer Camera Truck Fund Balance. H. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE AZUSA POLICE OFFICERS ASSOCIATION EFFECTIVE AUGUST 1, 2004, THROUGH JULY 31, 2005. 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 None. Res. 04-C88 MOU APOA Res. 04-C89 Warrants Spec Call Items None THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 10:16 Convene CRA P.M. THE CITY COUNCIL RECONVED AT: 1017 P.M. Cncl recess Cncireconvene It was consensus of Councllmembers to recess back into Closed Session to discuss the Closed Sess following: EMPLOYEE EVALUATION (Gov. Code Sec. 549571 Title: City Manager Empl Evaluation The City Council recesses at 10:17 p.m. and reconvened at 10:50 p.m. There was no reportable No Reports action taken in Closed Session. It was consensus of Councllmembers to adjourn in memory of John Martinez and Vera Romero Adjourn in Rocha. Memory of TIME OF ADJOURNMENT: 10:51 P.M. AtfTYCLLERK�___ NEXT RESOLUTION NO. 2004-C90. NEXT ORDINANCE NO. 2004-010. 11/15/04 PAGE FIVE John Martinez And Vera Romero Rocha