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HomeMy WebLinkAboutMinutes - May 16, 2005 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, MAY 16, 2005 - 6:30 P.M. I 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 The City Council recessed to Closed Session at 6:31 p.m. to discuss the following: Recess PUBLIC EMPLOYMENT (Gov. Code Sec. 549571 Pub Emp Title: City Manager City Mgr REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Address: 728 North Dalton Avenue, Azusa, CA 91702 Neg 728 Agency Negotiators: Interim City Manager Hsu and Assistant City Manager Person N. Dalton Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL POTENTIAL LITIGATION (Gov. Code Sec. 54956.9 Conf w/Legal u One Case Cnsl REAL PROPERTY NEGOTIATORS (Gov. Code Sec. 54956.8) Address: 100 West Foothill Boulevard, Azusa, CA 91702 (Block 37) Real Prop Agency Negotiators: Interim City Manager Hsu and Assistant City Manager Person Neg 100 W. Under. Negotiation: Price and terms of payment Foothill CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. 54946. (a) Conf w/Legal Case name: John R. Moore v. City of Azusa, et al. Cnsl Case number: Los Angeles Superior Court - Central Branch - Case No. BS -094963 The City Council reconvened at 7:30 p.m. Reconvened City Attorney Carvalho advised that there was one item that was not discussed in Closed Session CityAttny and it would be discussed at the end of the Council agenda, but, that in Closed Session there was action that the motion of Mr. John Moore to continue the hearing, was denied. Mayor Chagnon called the meeting to order and led In the Salute to the Flag. Call to Order INVOCATION was given by Interim City Manager Hsu. Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON ABSENT: COUNCILMEMBERS: NONE Also Present ALSO PRESENT: City Attorney Carvalho, Interim City Manager Hsu, Assistant City Manager Person, Acting Chief of Police Garcia, Director of Recreation and Family Services Jacobs, Economic Development Director Hightower, Assistant Community Development Director Onaga, City Engineer Scott, Recreation Coordinator Gonzales, Assistant Director of Utilities Kalscheuer, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr. Henry Patino of the Apostolic Assembly church addressed Council advising that they missed H. Patino the deadline to file application for a firework permit, which was April 1, 2005. He was referred Comments to speak to Assistant City Manager Person. Mr. George Alva addressed Council first noting a power outage in his neighborhood on Dalton Avenue and no one called it in and no one came out to fix it, until he called it in. He then commented about on-going problems in his neighborhood regarding postings of obscene gestures, harassment by neighbors who he thinks are Azusa Unified School District employees. He submitted correspondence with suggested solutions to regulate problems of loud music, live bands, DJs and amplified stereos, etc in his neighborhood. He answered questions and comments by Mayor Pro -Tem Hardison, Councilmember Angel Carrillo, and Councilmember 'Rocha suggested possibly a mediation process which was agreed upon. Mr. Bill Baca, Senior Field Representative/Case Worker for Senator Gloria Romero, addressed Council introducing himself as representative for Azusa area and noted services offered to the community by the Senators office, i.e. grants. Mr. Michael Lawes addressed Council regarding the change for setbacks for swimming pools noting that he is not in agreement with the new restrictions; he cited setbacks of several surrounding cities and asked if the City of Azusa setback could be amended back to what Is was prior; he cited section 88.30 (g) 4 of the Azusa Municipal Code. He was referred to the City Manager handling for further staff review. Mayor Chagnon advised that with the new revisions to the development code there are several areas that need to be cleaned up. G. Alva Comments B. Baca Comments M. Lawes Comments City Attorney Carvalho and Mayor Chagnon advised that under the code he can apply for a City Attorney variance, but should be referred to staff and that perhaps they can bring an item back to the & Mayor Utility Board meeting to resolve Mr. Lawes problem. comments Mr. Jorge Rosales addressed Council regarding four agenda Items and passed out detailed questions on item C-1, D-4, D-5, and D-6 and miscellaneous. He congratulated Director of Recreation and Family Services Jacobs for the outstanding job on the Cinco de Mayo event, and the Recreation & Family Services Department Activity Guide. He addressed Item D-4 and D-5 expressing concern to the waiving of formal bidding procedure and he expressed congratulations 'to new City Manager Fran Delach. Ms. Peggy Martinez addressed Council representing Maria Salazar, President of Sister City, inviting all to a spaghetti dinner entitled "Thanks for the Memories', to be held on May 21, 2005, honoring Miles Rosedale and Monrovia Nursery, at 18331 East Foothill Boulevard from 6 p.m. to 10:00 p.m., tickets are $15.00. She provided Maria's number as follows: (626) 422-7475, and advised that proceeds will go towards 2005 Youth Exchange with Sister City Zacatecas. She thanked all for attending the ground breaking ceremony held for La Tolteca and that they will be having groundbreaking/ribbon cutting ceremonies for Talley Building, Coldwell Bank and Blockbuster soon. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Councilmember Rocha thanked everyone involved in the Bike Trail Dedication, and all the residents who donated to the Stamp Out Hunger Food Drive, especially Pete Ramos who helped deliver the food donated. He announced that Azusa Youth Program will be holding their annual Dinner/Dance at the Azusa Woman's Club on Saturday June 4, 2005 for $15 presale and $20 at the door. He also announced the Memorial Day Services to be held on Monday, May 30th at 10 a.m. at the Flag pole at City Hall; stating that there will be a special guest speaker. Councilmember Hanks praised the new cadet commander at Azusa High School. He also stated that he attended the Joy of Singing, a combined choir event which included The Church of Jesus 'Christ Latter Day Saints, Saint Dorothy's Catholic Church, Lorraine Avenue Baptist Church, the Glendora First Christian Church, and Grace Episcopal Church. He recognized the following Azusans who participated at the different churches: Jesse Bautista, Cruz Gonzales, Ruth and Stacey Andrett, Ann Demoult, Jackie Stong, David Andrett, Susan Giles, Kristin Hamilton, Anita Roseberg, Mary Rubel, Renee Ruggles, Lydia Valdiviso, and Noell Bunion; he stated that he hoped Azusa could put on that type of event one day. J. Rosales Comments P. Martinez Comments Rpts/Updates Rocha Comments Hanks Comments Councilmember Carrillo invited all to attend the Scrabble Tournament Fundraising Event at the Carrillo City Library on Tuesday, May 17, 2005, from 5 p.m. — 8 p.m. and the registration fee is $10. Comments 05/16/05 PAGE TWO Mayor Chagnon announced the Kids Come First Golf Tournament on June 17, 2005. She Chagnon thanked all who participated in Bike Path Dedication on Saturday. She congratulated Comments Councilmember Keith Hanks who has been nominated to the Gold Line Joint Powers Authority. She then stated that today was the La Tolteca ground breaking ceremony and that the project should be completed in about 10 months. Assistant Community Development Director Onaga provided a power point presentation Interim City Mgr demonstrating how to utilize the General Plan on DVD stating that the whole General Plan can be Hsu Comments viewed on computer that has a DVD drive or on a DVD player. The following workshops were scheduled by Councilmembers: Budget Workshops - June 13`h, Upcoming 20`h, and 27`h, Future of the Library - July 1 I', and Block 36 — July 25th (after Utility Board Workshops Meeting). Kincaid Pit, Foothill Commons, and Vulcan Materials will be scheduled at later dates. ISCHEDULED ITEMS Sched Items PUBLIC HEARING — to consider protest to sale of public property located at 275 West Pub Hrg Paramount Avenue, Azusa, CA 91702. Sale of property 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 Azusa Herald on May 5, 2005 Assistant Director of Utilities Kalscheuer addressed the Public Hearing stating that the purpose of C. Kalscheuer the public hearing is to consider protest regarding the sale of the above noted property that was comments formerly used as a water production site and is now use as a water well monitoring site. He advised that the property has been appraised at $519,000, the parcel is 18,200 and its best use is residential. He advised that they are planning to split property in two separate lots. He noted that he has spoken to the Baldon family who has expressed interest in purchasing a 10 foot strip of the property and the property will be split into three separate lots if needed. He then answered questions posed by Councilmembers regarding identification of lots on the map, notice regarding the proposed sale to nearby residents, noticing requirements, generation of dust and noise when pavement, (City Attorney advised that City will have to follow demolition process), the area the Baldon family wish to purchase, the appraisal, and Intention to sell both parcels. Mrs. Carol Baldon addressed Council going on record to request that the parcels are one level C. Baldon single family homes; she expressed opposition to apartments, condominiums and zone Comments changes. Mr. Jorge Rosales addressed Council expressing concern regarding the appraisal of the property J. Rosales as he has compared it to property sold across the street. Comments Moved by Councilmember Hanks, seconded by Councilmember Carrillo and unanimously carried Hrg Clsd to close the Public Hearing. Interim City Manager Hsu advised that staff will work with the Baldon family regarding the ten Intm CityMgr feet portion of the property which they would like to purchase. comments Councilmember Rocha offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, FINDING THAT Res. 05-C47 THE PUBLIC INTEREST AND NECESSITY REQUIRE THE SALE OF SURPLUS PROPERTY LOCATED Sale of Surplus AT 275 WEST PARAMOUNT AVENUE, AZUSA, CALIFORNIA (ASSESSOR PARCEL NO. 8614-013- Property 900) 275 W. Paramount Moved by Councilmember Rocha seconded by Councilmember Hanks to waive further reading Avenue and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Hanks and unanimously Help -U -Sell carried by roll call to approve the selection of Help -U -Sell, as Seller's Agent, and authorize the Seller's Agent sale of said property. Approved 05/16/05 PAGE THREE City Engineer Scott addressed the issue stating that the request is to change Azusa and San Gabriel Canyon Road to Ranch Road due to confusion it causes because Azusa Avenue is parallel to Azusa and San Gabriel Canyon Road. He stated that there have been requests from many; persons in the area. He advised that the procedure is in the Government Code Section 34091.1: Mr. Scott agreed that in conjunction with the City Clerks office, he would send out letters, registered mail to all property owners on the street, would order the street name signs which would be Installed in four weeks. Mayor Pro -Tem Hardison offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, CHANGING THE OFFICIAL NAME OF THE PUBLIC ROADWAY FORMERLY KNOWN AS "AZUSAAND SAN GABRIEL CANYON ROAD" TO "RANCH ROAD" AND DIRECTING THE IMPLEMENTATION OF SAID NAME CHANGE. Moved by Mayor Pro -Tem Hardison seconded by Councilmember Rocha to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Director of Recreation and Family Services Jacobs addressed Council introducing Park and Recreation Commissioner Carlos Udria who presented a power point presentation entitled Fireworks and the City of Azusa "A Blueprint for Information, Education, Accountability and Enforcement in 2005". A summary of the presentation It noted that there is a need to increase education to the public as to the dangers of illegal fireworks and altering Safe and San Fireworks via, cable cast, utility bills, street banners, reader board, web site, press release, school flyers, workshops and store front posters. The following was included in the presentation: Search alternative funding sources, Enforcement via Amending the AMC and giving law enforcement tools to combat illegal fireworks, and providing alternative choices i.e. community held fireworks exhibition, etc. Lengthy discussion was held between Staff, Councilmembers and City Attorney regarding the current ordinance regarding fireworks, and avenues that can be taken in order to curve use of illegal fireworks as well as regulate legal use of fireworks. Acting Chief of Police Garcia addressed the issue providing information regarding the issue, both historically and current responsibility regarding the sale of fireworks in the City of Azusa; he answered questions posed by Councilmembers regarding the Police Department process for handling complaints. City Engr Comments Street Name Change Res. 05-C48 Rename Az San Gabriel Cnyn Rd to Ranch Road Fireworks 2005 Park & Rec Recommend Discussion Fireworks It was consensus of Councilmembers that .the City Attorney be directed to work with staff to Staff directed create an urgency ordinance that addressees Fireworks policies, regulations, enforcement, dates, To create times, and areas where fireworks will be allowed. Urg Ord The CONSENT CALENDAR consisting of Items D1 through D-7 was approved by motion of Consent Cal Mayor Pro -Tem Hardison, seconded by Council member Hanks and unanimously carried with the Approved exception of items D-4 and D-6, which were considered under the Special Call portion of the Agenda. 1. The Minutes of the regular meeting of May 2, 2005, were approved as written. Min approved 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or Regular Appointment: D. Nguyen and T. Vuong. Items 3. Specifications for 2004-2008 CIP Project #42003C, Northside Park Improvements/Ball Field Northside Park Fencing, were approved and the City Clerks Office was authorized to advertise for bids. , Impvmnts bids 4. SPECIAL CALL ITEM. Spec Call 5. The Agreement for Relocation consulting Services with Overland, Pacific & Cutler, Inc. for Overland/Paciflc the Azusa Canyon/El Encanto Project was approved in the amount of $35,500. Cutler relocate 6. SPECIAL CALL ITEM: Spec Call 7. A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 05-C49 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO Warrants BE PAID. 05/16/05 PAGE FOUR I7-1 SPECIAL CALL ITEMS Councilmember Hanks, addressed the item to stating that the prices are good, but, he asked if this project can go out to bid. City attorney Carvalho, explained that she had discussed this Item earlier, and being the way that the contractors work, there will be an increase fro 5% to 10%. This decision was based on comparing other cities that have gone out to bid, and the amount of their contract is higher than the City's. Ross Montes, presented copies of current bids with other cities, and explained that the specs are comparable to Azusa on current status. He proceeded to introduce Mr. Victor Gonzales, Director of Marketing for West Coast Arborist. He explained that they are able to lock their price is because they have been working with the City of Azusa for five years, and they understand the logistics of the community and the City's expectations. They are also working in neighboring cities, and they have equipment and employees locally to serve Azusa. Councilmember Rocha questioned about the guidelines for emergency response services. Mr. Gonzales responded that they are available 24 hours a day, 7 days a week, and they respond according to the City's discretion, who determines what constitutes an emergency. Off hour emergency calls are handled through the Police Department. Spec Call Items Discussion re. West Coast Arborist Agreement Moved by Councilmember Hanks, seconded by Councilmember Rocha, to waive formal bidding Agmt w/West procedures pursuant to the AMC, section 2-523 (e), and the Interim City Manager was Coast Arborist authorized to execute an amendment to the agreement between the City and West Coast 5 years Arborist, Inc. for an additional 5 years, for professional tree maintenance services. (One year with four one year extensions) with no increase in the schedule of compensation. This agreement would encompass agreements to both the Recreation and Family Services Department and Light and Water. The City Manager Employment Services Agreement was approved, as amended. City Attorney— section 2.2 clarification of language that the performance bonus will be based on the agreement and the work plan, section 3 added language - that the city attorney will notify the city council that It will conduct an annual evaluation, section 10.5, language that — termination proceedings could occur within the 60 days before/after an election If the termination is for cause. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 9:39 P.M. THE CITY COUNCIL RECONVENED AT 9:40 P.M. The City Council recessed to Closed Session at 9:41 p.m. to continue discuss the following: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. 54946. (a) Case name: John R. Moore v. City of Azusa, et al. Case number: Los Angeles Superior Court - Central Branch - Case No. BS -094963 The City Council reconvened at 10:1 1 p.m. Interim City Manager Hsu advised that there was no reportable action taken in Closed Session. Convene CRA Cncl recess/rec Adjourn to Closed sess Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Hanks and unanimously Adjourn carried to adjourn to Monday May 23, Utility Board Meeting. TIME OF ADJOURNMENT: 10:12 P.M. CITY CLERK NEXT RESOLUTION NO. 2005-050. NEXT ORDINANCE NO. 2005-06. 05/16/05 PAGE FIVE