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HomeMy WebLinkAboutMinutes - July 5, 2005 - CCCITY OF AZUSA ' MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, JULY 5, 2005 - 6:40 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 Ceremonial The entire Council presented a Certificate of Recognition to Ms. Mercedes Castro of Proforma Certificate Quality Printing Inc., commending her for her leadership and skills in business. M. Castro CLOSED SESSION Closed Sess The City Council recessed to Closed Session at 6:45 p.m. to discuss the following: Recess REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Real Prop Address: 728 N. Dalton Avenue, Azusa, CA. 91702 (O'Shea) Negotiations Agency Negotiators: City Manager Delach 728 N. Dalton Negotiating Parties: Mrs. Jessie O'Shea Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Gov. Code Sec. 54956.9 (a)l Existing Rios v. City of Azusa, Case No. CV 04-4039 SJO (AJWx), U.S. District Court for the Central Litigation Rios District of California, Western Division v. Azusa CONFERENCE WITH LEGAL COUNSEL POTENTIAL LITIGATION (Gov. Code Sec. 54956.9(b)l Potential One Case Litigation The City Council reconvened at 7:40 p.m. City Attorney Carvalho, advised that there was no reportable action. Items on Real Property City Attny Negotiations on 901 E. Alosta, Labor Negotiations and Employee Performance Evaluation were not finished and were moved to the end of the agenda to be discussed in closed session. Mayor Chagnon called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION Pastor Samuel Martinez of Christian Faith Center of the Valley. invocation ' ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, City Treasurer Hamilton, Director of Utilities Hsu, Economic and Community Development Director Hightower, Assitant Public Works Director/City Engineer Scott, Project Manager Bruckner, Library Director Tovar, Director of Recreation and Family Services Jacobs, City Clerk Mendoza, Acting Deputy City Clerk Hernandez. Public Part PUBLIC PARTICIPATION G. Alva re Mr. George Alva addressed Council regarding an obscene sign posted in his neighborhood. He obscene sign in requested the removal of this sign, based on the Municipal Code Book section 42-228, which neighborhood states certain restrictions on painting and graffiti within the city. He further stated that this sign falls under this code. Mayor Chagnon advised that the Chief of Police has responded to all his concerns and issues by mail. She requested that Mr. Alva read the response and the issue can be addressed/discussed at a later date. Ms. Renate Renee Bergmann addressed Council expressing her concern on the installed medians R. Bergmann on Highway 39, North on Azusa Avenue and North of Sierra Madre. She advised that all the medians plants in that area are now dying for lack of maintenance. Mayor Chagnon requested staff look into the matter and bring back a report to the next scheduled meeting of July 18. Ms. Stephanie Mills addressed Council regarding yard sale permits. She expressed her S. Mills Yard opposition to the charge that is currently in effect, and requested that council reconsider and Sale Permits lower the fee. Mr. Greg Ahern addressed Council regarding the proposed ordinance on fireworks. He G. Ahern specifically expressed his concern on additional charges on Section 3 of the ordinance, and fireworks requested council reconsider imposing additional charges. He further stated that closing for the Ordinance booths at 9:00 p.m, meant loosing business, and requested the closing time to be 10:00 p.m. Mr. Jim Rose and Mr. Adolph Ruiz addressed Council regarding the fireworks ordnance, requesting an explanation on the charges that are being proposed, specifically on the regulatory J. Rose & A. permit fee on Section 3. Ruiz re Fire Works Ord. Mr. Dan Simpson, addressed council expressing his concern regarding illegal fireworks. He requested Council be more aggressive to enforce illegal fireworks laws and suggested to put D. Simpson re together a taskforce to monitor them. Illegal Fire Works Moved Mayor Pro -tem Hardison seconded by Councilmember Rocha and unanimously carried, to move item C-4, regarding fireworks ordinance, to this portion of the agenda for handling. Move C-4 for handling Discussion was held among staff and Councilmembers regarding fireworks. Staff explained that the proposed regulatory fees are to be assessed by dividing the entire cost among the number of Discussion re permits issued. The costs include staff time and clean up, and the Processing Fee is a regulatory Fireworks program to recover cost of working towards this goal. Acting Police Chief Garcia gave an update Ordinance on the work that was involved and citations issued during the week end of the 4' of July. He will do a formal presentation on August 1, 2005, by which time all the reports will be finalized. He gave an estimate based on a 2004 report, and advised that all illegal fireworks that were seized this year were turned over to the Fire Department for proper disposal. Councilmember Carrillo requested an explanation on the regulatory fees being charged to retailers instead of the wholesalers. City Attorney Carvalho responded that since wholesalers are technically not doing business in Azusa, the cost goes to the retailers. Councilmember Rocha suggested that penalties on illegal fireworks be imposed at an amount of $1000.00. He further stated that volunteers can be used to clean up, which is something that he is currently doing. Acting Police Chief Garcia explained that the current fees are; $50.00 for the first offense, $250 for the second offense, and third offense is 07/05/05 PAGE TWO J. Arevalo from Ms. Julie Arevalo addressed Council regarding her concerns on the Monrovia Nursery Project. Sierra Palms re She is a new resident who resides in the Sierra Palms Condominiums. Her concerns are about concerns on traffic volume and flow, noise and car pollution and privacy issues. She stated that she has been Monrovia researching with Azusa Land Partners and Mr. Roy Bruckner who answered most of their Nursery Project questions; however, she still has issues to address. She stated that she is not very confident with the reports that have been made available to her. Council and City Attorney explained to Ms. Arevalo, that the planning for this project has been going on for the past 10 years. Within this period, there was also an election in which the voters approved the project. Council suggested she meet with Mr. Bruckner, so that he can explain this project, and what has been approved. Further, they recommended she review the approved specific plan, development agreement, conditions of approval and environmental impact report. B. Driever Mr. Bill Driever addressed Council regarding dog license fees. He distributed copies of a Dog Licenses newspaper article that showed the Baldwin Park fees and compared them with Azusa's. He requested an explanation for the difference in price. Mayor Chagnon requested staff to look into this matter and come back with a report at the meeting of August 1. Ms. Renate Renee Bergmann addressed Council expressing her concern on the installed medians R. Bergmann on Highway 39, North on Azusa Avenue and North of Sierra Madre. She advised that all the medians plants in that area are now dying for lack of maintenance. Mayor Chagnon requested staff look into the matter and bring back a report to the next scheduled meeting of July 18. Ms. Stephanie Mills addressed Council regarding yard sale permits. She expressed her S. Mills Yard opposition to the charge that is currently in effect, and requested that council reconsider and Sale Permits lower the fee. Mr. Greg Ahern addressed Council regarding the proposed ordinance on fireworks. He G. Ahern specifically expressed his concern on additional charges on Section 3 of the ordinance, and fireworks requested council reconsider imposing additional charges. He further stated that closing for the Ordinance booths at 9:00 p.m, meant loosing business, and requested the closing time to be 10:00 p.m. Mr. Jim Rose and Mr. Adolph Ruiz addressed Council regarding the fireworks ordnance, requesting an explanation on the charges that are being proposed, specifically on the regulatory J. Rose & A. permit fee on Section 3. Ruiz re Fire Works Ord. Mr. Dan Simpson, addressed council expressing his concern regarding illegal fireworks. He requested Council be more aggressive to enforce illegal fireworks laws and suggested to put D. Simpson re together a taskforce to monitor them. Illegal Fire Works Moved Mayor Pro -tem Hardison seconded by Councilmember Rocha and unanimously carried, to move item C-4, regarding fireworks ordinance, to this portion of the agenda for handling. Move C-4 for handling Discussion was held among staff and Councilmembers regarding fireworks. Staff explained that the proposed regulatory fees are to be assessed by dividing the entire cost among the number of Discussion re permits issued. The costs include staff time and clean up, and the Processing Fee is a regulatory Fireworks program to recover cost of working towards this goal. Acting Police Chief Garcia gave an update Ordinance on the work that was involved and citations issued during the week end of the 4' of July. He will do a formal presentation on August 1, 2005, by which time all the reports will be finalized. He gave an estimate based on a 2004 report, and advised that all illegal fireworks that were seized this year were turned over to the Fire Department for proper disposal. Councilmember Carrillo requested an explanation on the regulatory fees being charged to retailers instead of the wholesalers. City Attorney Carvalho responded that since wholesalers are technically not doing business in Azusa, the cost goes to the retailers. Councilmember Rocha suggested that penalties on illegal fireworks be imposed at an amount of $1000.00. He further stated that volunteers can be used to clean up, which is something that he is currently doing. Acting Police Chief Garcia explained that the current fees are; $50.00 for the first offense, $250 for the second offense, and third offense is 07/05/05 PAGE TWO $500.00. He stated that $1,000.00 fine being imposed is considered criminal offenses and they go through the courts to be collected, and have a $1,000.00 fine would be difficult to collect by city employees, because of the administrative time involved. Councilmember Hanks suggested that the ordinance be studied for another month, and ad compared to the City of Chino, who has an ordinance in place. Councilmember Rocha expressed his concern of the high cost of the rental of space for the stands. Mayor Chagnon requested to add an age limit to the ordinance bel8 years minimum, the amount of money non profits pay for rental of space, the discharge on W' of July only, and the language on price of administrative fees. Manager Delach suggested a resolution for the fees instead of ordinance. Council decided not to do study on space rental fees for the fireworks booths at this time and to leave it out in the open market. City Attorney Carvalho stated that she will bring back an ordinance allowing fireworks to be sold only to person 18 years and older, fireworks to be discharged only on the 4th of July, and establish penalty in form of resolution, to the September 19`h Council Meeting. Mayor Pro -tem Hardison offered an ordinance amending certain sections of the Azusa Municipal Code Book concerning the regulations of fireworks with the following amendments: this will not be an urgency ordinance, section 2, adding the following wording: "and no person shall sell sane and safe fireworks at any other time," remove section 3 for further study. AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, AMENDING SECTIONS 30-130(d) AND First reading 30-134(a) AND ADDING SECTION 30-135 TO THE AZUSA MUNICIPAL CODE CONCERNING Fireworks THE REGULATION OF THE SALE AND DISCHARGE OF FIREWORKS WITHIN THE CITY OF AZUSA. Ordinance Moved by Mayor Pro -tem Hardison, seconded by Councllmember Carrillo and unanimously carried by roll call to introduce the proposed ordinance as amended. REPORTS. UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Mayor Chagnon announced vacancies on City Board and Commissions as follows: NOTICE IS HEREBY GIVEN of City Board and Commission term of office expirations, ending September 30, 2005, for the following Boards and Commissions of the City of Azusa: 2 positions Architectural Barriers Commission 1 position Cultural and Historical Preservation Commission 3 positions Human Relations Commission 2 positions Library Commission 1 position Personnel Board 1 position Parks and Recreation Commission 1 position Planning Commission Applications are available in the City Clerk's Office and City Manager's Office, 213 East Foothill Boulevard, City Library, 729 N. Dalton Avenue, Light & Water Department, 729 N. Azusa Avenue, Police Department, 725 N. Alameda, and the Azusa Chamber of Commerce, 240 West Foothill Boulevard, Azusa, and at: www.ci.azusa.ca.us, for interested residents/incumbents; Applications will be accepted through August 25, 2005, and interviews will be scheduled during the month of September, 2005. For further information please call: (626) 812-5271. Chagnon requested that these be posted on cable. Hardison requested that expiring commissioners be notified of their expiring term. Council scheduled September 12 for Interviews. Announce Board & Comm Openings City Manager Fran Delach addressed Council commending the Police Department for its job F. Delach during the 4th of July. Comments Councllmember Rocha, invited Council and the public to the VFW Post 8070 breakfast which are J. Rocha held every second Saturday of each month 8-11:30 a.m. He further requested that the meeting Comments be adjourned in memory of Melissa Rodriguez, Steven Campos, Ermina Nlebles, Eleonor Melgoza, life long residents of Azusa, and Art Lesh, former City Employee, who recently passed away. K. Hanks Councllmember Hanks requested to also adjourn in memory of Ann Sanders, an Azusa resident Comments who recently passed away. He further commended the Police Department for its courteous service. D. Hardison Mayor Pro -tem Hardison thanked Police Department for the job they did the week end for 4th of Comments July. A. Carrillo CouncilmemberCarrillo thanked Councilmember Rocha for inviting him to the 4`h of July Commetns celebration that was held in front of City Hall. 07/05/05 PAGE THREE Mayor Chagnon, reminded all of the workshop on July 11, 6:30 at the Light &Water Building, to D. Chagnon discuss the new library building. She requested that a handrail to be installed at Woman's Club Comments going up the sides to the stage. SCHEDULED ITEMS Sched Items THE CITY COINCIL, THE REDEVELOPMENT AGENCY AND THE AZUSA PUBLIC FINANCING Convene jntly AUTHORITY CONVENED JOINTLY AT 9:24 P.M. TO DISCUSS THE FOLLOWING: w/CRA S.APFA City Manager Delach announced that the resolution of fees and charges will presented at the F. Delach next meeting of July 18, for adoption. 'Mayor Pro -tem Hardison offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE BUDGET AND Res. 05-056 APPROVING APPROPRIATIONS FOR THE CITY OF AZUA FOR THE FISCAL YEAR COMMENCING City Budget JULY 1, 2005 AND ENDING JUNE 30 2006. Moved by Mayor Pro -tem Hardison, seconded by Councilmember Carrillo 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 Chairman Pro -tem Hardison offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPEMENT AGENCY OF THE Res. 05-R21 CITY OF AZUSA ADOPTING THE OPERATING BUDGET AND APPROVING APPROPRIATONS FOR CRA Budget THE REDEVELOPENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1, 2005 AND ENDING JUNE 30, 2006. Moved by Chariman Pro -tem Hardison, seconded by Director Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: 'AYES: BOARDMEMBERS:HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: NONE Director Rocha offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRETORS OF THE AZUSA PUBLIC FINANCING AUTHORITY Res. 05-P4 ADOPTING THE BUDGET AND APPROING APPROPRIATIONS FOR THE AUTHORITY FOR THE APFA Budget FISCAL YEAR COMMENCING JULYI, 2005 AN ENDING JUNE 30, 2006. Moved by Director Rocha, seconded by Chairman Pro -tem Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Authority: AYES: BOARDMEMBERS:HARDISON, CARRILLO, ROCHA, HANS, CHAGNON NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: NONE Councilmember/Director Rocha addressed Council informing them of the fees for yard sale J. Rocha Yard permits being charged in other surrounding cities. sale permits Mayor/Chairperson Chagnon, gave an overview of the budget. D. Chagnon 'THE REDEVELOPMENT AGENCY RECESSED, THE AZUSA PUBLIC FINANCING AUTHORITY CRA recess/ ADJOURNED, AND THE CITY COUNCIL CONTINUED AT 9:24 P.M. APFA Adj Lite discussion was held among Councilmember on the establishment of City Council Subcommittee to advise on terms and conditions of a proposed Azusa Pacific University Specific Sub -committee Plan Development Agreement. It was consensus of Council that Mayor Chagnon work with the APU Spec Plan City Manager to appoint a subcommittee to help advise staff on the development of terms and Agreement conditions related to a proposed development agreement between the City of Azusa and Azusa Pacific University to implement the University's Specific Plan. 07/05/05 PAGE FOUR Project Manager Bruckner, addressed Council providing an update on the Monrovia Nursery R. Bruckner Project Substantial Conformance Map No. 2, and explained that changes needed to be made to update on TTM the pre -approved Tentative Map (TTM 54057) were due to the new fault location, and a 50ft Monrovia habitable building setback must be maintained. He stated that the revision to the Tentative Map Nursery Project will to eliminate Street B, and extend Street AT; street Q was redesigned in order to minimize the loss of lots. The result of this adjustment resulted in the loss of 6 lots, which represent the entire north side of Street B, and addition of lots at the West of Street AT, and along Street Q. Also, the small 1/4 acre park originally located in the area adjacent to the Nobhill neighborhood was relocated to the area on top of the buried water reservoir. Discussion was held among Councilmembers and Staff regarding the process for Selection of Selection of Community Foundation Members to the Monrovia Nursery Foundation Board. City Manager Community Delach recommended that Councilmembers be selected, Mayor Chagnon recommended Ms. Foundation Carolyn Crawford and announced that Ms. Madeleine Payne is Interested in being on the Member for committee. City Attorney Carvalho recommended Council appoint two members by title not by Monrovia name. Mayor Chagnon stated that she met with Mr. Rosedale and both thought it would be a Nursery good idea to appoint people who are familiar with the project. It was agreed that nominations Foundation will be submitted by Counclimembers to the City Manger by July 13, so that he can prepare a Board packet for the meeting of July 18, at which time they will appoint from the nominees recommended. The CONSENT CALENDAR consisting of Items D -i through D-9 was approved by motion of Consent Cal Councilmember Hanks, seconded by Mayor Pro -tem Hardison and unanimously -carried. Approved The Minutes of the regular meeting of June 20, 2005, and adjourned and special meetings Min approved of May 11, May 23, and June 13 were approved as written. 2. Human Resources Action Items were approved as follows: New Appointments: R. Zuniga. 3. The renewal agreement with L.A. Works for Fiscal Year 2006 was approved and the City Manager was authorized to execute the agreement in an amount not to exceed $42,165. 4. A contract for 2004-2008 CIP project #42003C Northside Park Improvements/Ball Field Fencing, was awarded to Warren Fence Company in the amount of $157,255.00. 5. The application to the Edward Byrne Justice Assistance Grant Program (JAG, formerly LLEBG), was approved in the amount of $21,951. 6. The City Treasurer's Report as of May 31, 2005 was received and filed. HR Action Item Warren Fence Co. Northside Pk Impr. Justice Assist Grant Prog Application Treas Rprt 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING AN Reso 05-057 AMENDED APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2004-05 PURSUANT TO Amend Approp ARTICLE XiIIB OF THE CALIFORNIA CONSTITUTION IN THE AMOUNT OF $31,785,065. Limits A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING AN Reso 05-058 APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2005-06 PURSUANT TO ARTICLEXIIIB OF Approp Limits THE CALIFORNIA CONSTITUTION IN THE AMOUNT OF $35,376,142. 8. Authorization was given to accept a funding increase to the Senior Nutrition Program from increase Sr. $93,767 to $100,312, and to accept $6,545 in additional funds to cover the cost of Nutrition Prog Home Delivered Meals and other operating expenses for FY2005. ' 9. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Reso 05-059 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warrants TO BE PAID. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 10:01 Convene CRA P.M. THE CITY COUNCIL RECONVENED AT 10:06 P.M. Cncl recess/rec 07/05/05 PAGE FIVE C 1 The City Council recessed to Closed Session at 10:07 p.m. to discuss the following items Closed Sess REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Address: 901 East Alosta, Azusa, CA. 91702 Negotiations Agency Negotiators: City Manager Delach 901 E. Alosta Negotiating Parties: Mr. Mark Dickerson Under Negotiation: Price and Terms of Payment CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6). Conf Labor Agency Negotiators: City Manager Delach Negotiator Organizations/Employee: ACEA, APMA, AMMA, APOA, CAPP, IBEW, LABORERS, EXECUTIVE. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Sec. 54957) Employee Title: City Manager Evaluation The City Council reconvened at 1 1:10 p.m. Reconvened City Attorney Carvalho, advised that there was no reportable action taken in Closed Session. City Atty It was consensus of Council to adjourn the meeting to Monday July 11 to conduct a workshop Adjourn to on "Improving Library Services for Azusa Residents," in the Light and Water Conference Room, 7/11 729 N. Azusa Ave., at 6:30 p.m. The meeting was adjourned in memory of: Melissa Rodriguez, Steven Campos, Ermina Niebles, Eleonor Melgoza, Ann Sanders, life long residents of Azusa, and Art Lesh, former City Employee, who recently passed away. TIME OF ADJOURNMENT: 11:12 P.M. CITY CLERK NEM RESOLUTION NO. 2005-C60. NEM ORDINANCE NO. 2005-06. 07/05/05 PAGE SIX Adjourn in Memory of M. Rodriguez, S. Campos, E. Niebles, E. Melgoza, A. Sanders, A. Lesh