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HomeMy WebLinkAboutMinutes - December 6, 2004 - CCCITY OF AZUSA ' MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 6, 2004 - 4:30 P.M. The City Council of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium. PUBLIC PARTICIPATION — Pub Part Mr. John Moore owner of Smart City Grinds addressed Council with several questions regarding J. Moore the holding of the Special Meeting as well as the legality of the process that was and is being Comments used in calling the Closed Session/Special Meeting as it relates to the Ralph M. Brown Act. Mr. Art Morales addressed Council expressing his opinion regarding the process being used in A. Morales obtaining and/or developing the property located at 100 W. Foothill Boulevard. Comments CLOSED SESSION Closed Session The City Council recessed to Closed Session at 4:45 p.m. to discuss the following: Recess ' PUBLIC EMPLOYEE APPOINTMENT (Gov. Code Sec. 54957) Pub Emp Appt Title: City Manager City Manager REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg. Address: 303 E. Foothill Blvd., Azusa, CA. 91702 303 E. Foothill Agency Negotiators: Assistant City Manager Person Azusa Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Address: 726 N. Dalton Avenue, Azusa, CA 91702 726 N. Dalton Agency Negotiators: Assistant City Manager Person Azusa Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Real Prop Neg Address: 728 N, Dalton Avenue, Azusa, CA 9102 728 N. Dalton Agency Negotiators: Assistant City Manager Person Azusa Under Negotiation: Price and Terms of Payment CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.611 Agency Negotiator: Assistant City Manager Robert Person Organization/Employee: ACEA, AMMA, LABORERS, EXECUTIVE 'REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: Block 36 (Foothill Blvd., Azusa Ave., 6" St., Alameda Ave.) Agency Negotiators: City Manager Gutierrez and Assistant City Manager Person Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: S/W Corner of Alosta Ave. &Citrus Avenue - Foothill Shopping Center Agency Negotiators: Assistant City Manager Person Under Negotiation: Price and Terms of Payment Conf w/Labor Negotiators Real Prop Neg Block 36 Azusa Real Prop Neg Foothill Shopping Center The City Council reconvened at 6:30 p.m. Reconvene CEREMONIAL The City Council presented proclamations to outgoing City Board and Commission Members as follows: Lee Ann Mickey — Personnel Board, Frances Gonzales and Edward Hlava — Cultural and Historic Preservation Commission, Angel Carrillo and Marti Villanueva — Human Relations Commission, and John Dlerking — Library Commission. Bettina Duran - Library Commission, Mary Sandlin — Park and Recreation, and Don Flowers - Planning Commission were not present to receive their proclamations. The entire City Council presented Certificates of Recognition to participants of the Azusa Raiders Football Competitions throughout the year. The City Council recessed back into Closed Session at 7:10 p.m. I The City Council reconvened at 7:40 p.m. Ceremonial Proc. to City Boards ii Commissions (outgoing) Cert of Rec Azusa Raiders Recess Reconvened City Attorney Carvalho advised that with regard to item one of the Closed Session items, the City CityAttorney Council on a 5-0 vote has asked the current Director of Utilities Joe Hsu to serve as the Interim Comments City Manager indefinitely. The remainder of the Closed Session items were continued to the next City Council meeting to be held on December 20, 2004. Mayor Madrid called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION was given by Chief of Police King Davis. invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDiSON, STANFORD, ROCHA, CHAGNON, MADRID ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, Assistant City Manager Person, Chief of Police Davis, 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. Pub Part PUBLIC PARi1CIPAiION — 7:50 p.m. A. Morales Mr. Art Morales addressed Council expressing his opinion regarding the resignation of City Comments Manager Julie Gutierrez; he talked about the new Starbucks coming into the City and the funds that were paid for the property stating that the money came from the people of Azusa. He also announced that tomorrow, December 7, 2004, is Pearl Harbor Day and he displayed an original poster and newspaper clipping from that era. J. Partridge Ms. Jeannette Partridge, representing Friends of the Library announced the Annual Library Book Comments Sale at the Library on Saturday, December 1 It' from 10 am — 3 pm. Mr. Lynn Eaton addressed Council stating that the residents in Mountain Cove should have L. Eaton known that there was a gun club in the area and that they should really worry about living In a Comments Flood plain. He stated that he is thankful that the Library funding didn't come through, stating that there wouldn't be enough money to maintain a new Library. Ms. Maria Alvarez, representing 15 small businesses, voiced her opinion against Starbucks, M. Alvarez stating that she is against it because the cost will go up for small businesses. She stated that the Comments City should assist small businesses instead of big ones. S. McKeever Mr. Seamus McKeever addressed Council expressing his opinion regarding Starbucks. Mr. Mike Lee addressed Council expressing his opinion regarding the City Manager, Shopping M. Lee Carts and the downtown area. comments Ms. Stephanie Mills addressed Council expressing thanks from her nephew who is stationed in S. Mills Iraq as he received a gift of candy sent to him from the residents of Azusa. Councilmember Comments Rocha responded with thanks to students and staff from Hodge and Lee schools. Mr. Talal — Ibrahim Hawa owner of the 98 cents store addressed Council advising that he will T. Hawa have to relocate to 500 West Foothill Boulevard and requested that the City assist him In his Comments venture. He talked about negotiations for the building at 100 West Foothill Boulevard. 12/06/04 PAGE TWO Ms. Debbie Moore addressed Council expressing her opinion against the proposed Starbucks D. Moore coffee shop in the downtown area. She offered suggestions on what the City downtown area Comments should look like. She talked about the distrust she has in some city officials. Mr. Kenny Granado addressed Council expressing his opinion in favor of Smart City Grinds and K. Granado against Starbucks in the downtown area. Comments Mr. Dave Potter addressed Council expressing his opinion in favor of Council's vote on Block 37 D. Potter which will include Starbucks, and other entities. comments Mr. John Moore owner of Smart City Grinds addressed Council stating that he thinks that certain J. Moore Councilmembers are violating the Political Reform Act and requested that Councilmembers Comments Chagnon, Stanford and Hardison step down from their positions. He made other informal accusations and stated that they would be hearing from him soon. Mr. Mark Dickerson addressed Council regarding the downtown area stating that there Is a need M. Dickerson for unity and cooperation between the parties involved, i.e. John and Debbie Moore, Mike Comments Hennessey and other downtown businesses, to solve the problem. Mr. Tony Naranjo addressed Council stating that he is part of a grassroots group that is being T. Naranjo formed to challenge the Starbucks operation In the downtown area; he explained why. Comments Ms. Evelyn Kahn, Executive Director of the Azusa Chamber of Commerce addressed Council in E. Kahn support of Block 37, and Starbucks coffee shop. She announced that the Miss Azusa Pageant Comments will be held on March 5, 2004. Ms. Mercedes Castro addressed Council in favor of Starbucks at Block 37, M. Castro Comments Ms. Peggy Martinez addressed Council in favor of Starbucks at Block 37 and also that she P. Martinez supports Smart City Grinds and talked about plans for the downtown area. Comments Mr. Jason Oropeza addressed Council expressing his opinion in favor of Starbucks In Azusa. J. Oropeza REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates 'Councilmember Rocha thanked Coach Rodriguez and Greg Ahern and the Azusa Wrestling Team Rocha for helping with the clean-up and tree planting in the area by the Eagles Club and across the Comments street on Saturday. He requested that the meeting be adjourned In memory of Carol "Cookie" Trujillo. Mayor Madrid thanked all volunteers who came out on Sunday for the Christmas Fiesta and Madrid for the Tree Lighting Ceremony earlier this evening. Comments Assistant City Manager Robert Person addressed Council providing a Status Report of Major Person Projects which consisted of Monrovia Nursery Project, Foothill Shopping Center, Block 36 and Comments Block 37, Talley Building, Dr. Reyes Project, Breezeway Project, La Tolteca, Vulcan Materials, and a proposed development agreement, the Library Properties, Azusa Pacific University Specific Plan Review, Bike Trail, Forest Information Center, River Projects, 300 West Foothill Boulevard, and answered questions posed by Councilmembers. Assistant Community Development Director Onaga addressed Council with a Status Report on L. Onaga the Eighteen month extension of the amortization period the nonconforming commercial and Comments residential uses located at 330/336, 338 8.350 Foothill Blvd and 638, 640, 642, 8.644 Sunset Avenue. He stated that the properties have been non -conforming for a long time and in 1986 there were extensions, and both have gone beyond their amortization periods. The current property owner as of August of 2000, have received extensions on the non -conforming uses and they have asked for additional time; the end of the month for the used car dealership and six months for the residential units. He recommended that staff be directed to proceed with the 'abatement of the nonconforming uses at the noted properties. City Attorney Carvalho responded to questions posed by Council stating that the abatement City Attorney processes may vary; administrative process may be short and civil action take about 6-9 Responses months, she stated that this is a land use decision and is different from a code enforcement decision. She stated that with regard to relocation, law state whenever the government takes action that causes relocation, certain obligations have to take place by the government. Ms. Joanne Deseare. property owner addressed the issue stating that the developer backed out J. Deseare and detailed the events that have taken place since then. She requested for a six month Comments extension on the amortization period for the residential properties, May, 2005. Discussion was held. Mr. Jim Deseare also addressed Council with further information. t 2/06/04 PAGE THREE Moved by Councilmember Hardison, seconded by Councilmember Stanford and unanimously Staff Directed carried to direct staff to proceed with the abatement of the nonconforming uses located at To proceed w/ 330/336, 338 8.350 Foothill Blvd and 638, 640, 642, 8.644 Sunset Avenue. The abatement Library Director Tovar provided an update on the Library Project. SCHEDULED ITEMS Lib Dir update 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 Pian and the City's Dev Code Development Code. Zone Change Number Z-2004-01. The following persons addressed Council and expressed their opinion against the Gun Club: Testimony Sandra Rentschler, William Coats, Horacio Godoy, Maricela Cuevas, and Sergio Bansante. The following persons addressed Council expressing their opinion in favor of the Gun Club: Floyd Hall, John Moore, Seamus McKeever, and Krista Adam Litiga. Project Manager Brownfield addressed the Issue requesting direction regarding items. One Item Project Mgr Is with regard to bars and taverns; would they be permitted within the Districts with the Comments provision of food. She asked if this is enough to meet Councilmembers concerns. Discussion was held regarding the issue. She responded to questions stating that property owners have been notified - those where the uses will be restricted or changed; with the exception of those who would have more opportunity. Assistant Community Development Director Onaga advised that now that they know that the L. Onaga amortization will occur in the downtown area on Azusa and Foothill Blvd; they are in the process Comments of preparing a list and identifying all those non -conforming uses and are creating a tracking system of non -conforming uses. Discussion was held between Councilmembers, staff, and Consultant Paul Crawford regarding Discussion and percentage of food being sold, zoning regulations, tracking systems, Districts, and West End — Amendments Industrial. It was suggested that bars and taverns be excluded from the Edgewood District, but that they be allowed In the Downtown Town Center, Downtown Civic Center, Transit Village, University, West End Industrial and West End Light Industrial Districts. It was consensus that the Banners and pennants Section as revised be accepted. Additional discussion was held regarding the fiscal impact, barbed wire in the West End; a provision was suggested that It not 'be visible from the street. Further that with regard to Bars and Taverns, it was suggested that a CUP be required with an eighteen month annual review. Councilmember Chagnon noted that with regard to Parking, drop-off area, item c, a 60 Inch wall should be changed to 42 inch. Moved by Mayor Pro -Tem Stanford, seconded by Councilmember Rocha and unanimously Hrg Closed carried to close the Public Hearing and continue deliberations of the Public Hearing to the Continued to December 201h meeting. 12/20/04 Councilmember Rocha offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, SETTING FORTH .Res. 04-C93 A TRANSITION PERIOD FOR THE IMPLEMENTATION OF POLICIES RELATING TO TRANSFERS Policy FROM THE UTILITIES DEPARTMENT TO THE CiTY GENERAL FUND AND CAPITAL Governing IMPROVEMENT FUND Transfers from Utilities Moved by Councilmember Rocha, 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, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Proposed change to the Community Development Block Grant (CDBG) 30th Year Program FY Change CDBG 2004-05, Atlantis Gardens Parkway Improvements and Slauson Park Restroom Improvements. 30th Year Discussion was held regarding the de -funding of the Atlantis Gardens and Assistant City Manager Discussion Person advised that the project would be funded July 1, 2005 at an appropriate level in the new Asst. City Mgr budget; he stated he could come back to the meeting of December 201h with a cost for funding. Comments Councilmember Chagnon offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING PROPOSED Res. 04-C94 CHANGES TO THE STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED CDBG Change USE OF FUNDS FOR THE COMMUNTY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL Atlantis Gardens YEAR 2004-05. And Slauson Pk 12/06/04 PAGE FOUR 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, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Moved by Mayor Pro -Tem Stanford, seconded by Councilmember Hardison and unanimously GRC Prof Svs Carried to waive the formal bidding process and approve the Professional Services Agreement Agreement with GRC Consultants to perform consulting services in the area of redevelopment project analysis. The CONSENT CALENDAR consisting of Items V-A through V -I was approved by motion of Consent Cal Mayor Pro -Tem Stanford, seconded by Councilmember Rocha and unanimously carried. Approved Councilmember Chagnon abstained from Item V -G. A. The Minutes of the regular meeting of November 15, 2004, were approved as written. Min approved B. Human Resources Action Items were approved as follows: Merit Increase and/or Regular Appointment: R McMinn, C. Hanson, R. Gardea, and A. Human Res. Silva. Action Items New Appointments: S. Abou-Taleb, Library Assistant 111. Reclassification Request: K. Williams, junior Account/Payroll Specialist. . C. City Treasurer's Report as of October 31, 2004, was received and filed. Treas Rpt D. Formal bidding procedures were waived and approval was given for the annual software SunGard maintenance and support contract from SunGard BI -Tech, in the amount of $37,200.82, Bi -Tech and the Assistant City Manager was authorized to execute the contract. E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING A Res. 04-C95 MODIFICATION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND MOU ACEA THE AZUSA CITY EMPLOYEES ASSOCIATION EFFECTIVE AUGUST 1, 2000, THROUGH JULY Modification 31, 2004. F. Approval was given for a contract with the Mobility Group for a transportation analysis and MobilityGroup planning service. Trns & ping sys G. Approval was given for a side letter agreement for Local 18 of The International Brotherhood Side Letter of Electrical Workers (IBEW) "status quo" contract dated August 1, 204 trough July 31, IBEW 2005. This a one year extension to the existing MOU. H. The following Resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 04-C96 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO Warrants BE PAID. SPECIAL CALL ITEMS Spec Call Items None. None THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 10:35 Convene CRA P.M. THE CITY COUNCIL RECONVED AT: 10:36 P.M. Cncl recess Cncl reconvene At this time Mayor Cristina Cruz Madrid announced that she will not be seeking re-election at Mayor the March 8, 2005, General Municipal Election in the City of Azusa. Comments ' It was consensus of Councilmembers to adjourn In memory of Carol "Cookie" Trujillo. Adjourn in Memory of Carol "Cookie" TIMEADJOURNMENT: 10:37 M. Trujillo CITY CLERK NEXT RESOLUTION NO. 2004-C97. NEXT ORDINANCE NO. 2004-010. 12/06/04 PAGE FIVE