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HomeMy WebLinkAboutMinutes - September 6, 2005 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 6, 2005 - 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 Azusa Recreation Program Coordinator Ed Sierra, presented a check in the amount of $2,278.90 to Earl Strod Captain of the Los Angeles Fire Department for the Fire Explorer Group; he presented a check in the amount of $2,278.90 to Judy Strands for the Santa Clothes Program; and lastly a check in the same amount to Recreation and Family Service Department Director Joe Jacobs for the Splash Pad at Slauson Park, all checks came from Kids Come First Golf Tournament proceeds. Ceremonial Presentation Proceeds Kids Come First Director of Utilities Hsu addressed Council and audience detailing an incident that occurred on Cert of Apprec July 215` at 4:30 p.m. where the City experienced afire in the breakers at the Azusa Substation Power Outage which caused 70% of the City to experience a power outage. 'The entire Council presented Certificates of Recognition to all employees and city departments who performed over and beyond the call of duty during that time. They were as follows: Dan Kjar, Electric Division Supervisor, Dan Crappo, Electric Crew Supervisor, Dave Patterson, Electric Crew Supervisor, Vince Perkins, Line Mechanic, Keith Chagnon, Line Mechanic, Rick Cortez, Line Mechanic, Armando Solis, Apprentice Line Mechanic, Adam Anderson, Apprentice Line Mechanic, Clark Getty, Senior Electric Test Technician, Federico Langit, Senior Electrical Engineer, and Hien Vuong, Engineering Associate. Those who were recognized but not in attendance were: Ed Beterbide, Electrical Test Technical, Lamont King, Line Mechanic Helper, Jeff Hinojos, Line Mechanic, and Dave Ramirez, Assistance Director of Electric Operations. The following persons accepted Certificates of Recognition on behalf of their perspective Departments as follows: Director Bob Tang — Power Resource Management, Production Supervisor Steve Seffer — Water Production Department, Assistant Director Karen Vanca — Customer Care and Solutions, Captain Sam Gonzales — Azusa Police Department, City Engineer Mike Scott — Public Works Department and Director Ann Graf — Information Technology. The entire Council presented a proclamation for Prostate Cancer Awareness Month to Mr. Bob Pros Cancer Gentkey, which was read in full by Councilmember Keith Hanks. Awareness CLOSED SESSION Closed Sess The City Council recessed to Closed Session at 6:46 p.m, to discuss the following: Recess REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Negotiations Property Address: 100 E. Foothill Blvd., Azusa, (Wimpey's) 100 E. Foothill Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Real Prop Property Address: 890 E. Alosta Avenue, Azusa, (Foothill Shopping Center) Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 890 E. Alosta Under Negotiation: Price and Terms of payment PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Real Prop _REAL Property Address: 100 Old San Gabriel Canyon Road, Azusa, (EI Encanto property) Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 100 Old San Under Negotiation: Price and Terms of payment Gabriel Canyon REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Real Prop Property Address: 619 — 621 N. Azusa Avenue, Azusa (Talley Property) Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 619-621 N. Under Negotiation: Price and Terms of payment Azusa REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Property Address: 300 West Foothill Blvd, Azusa Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 300 W. Foothill Under Negotiation: Price and Terms of payment 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. Counsel Moore Case number: Los Angeles Superior Court - Central Branch - Case No. BS -094963 v. City of Azusa The City Council reconvened at 7:37 p.m. Reconvened City Attorney Randolph advised that there was not reportable action taken in Closed Session. City Attorney Comments Mayor Chagnon called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION - was given Ginny Dadaian of Azusa Pacific University. Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON ABSENT: COUNCILMEMBERS: NONE ' ALSO PRESENT: Also Present City Attorney Randolph, City Manager Delach, Assistant City Manager Person, City Treasurer Hamilton, Economic and Community Development Director Hightower, Assistant Community Development Director Onaga, City Engineer Scott, Emergency Services Coordinator Bruno, Director of Information Services Graf -Gaynor, Acting Police Chief Gonzalez, Director of Utilities Hsu, Director of Recreation and Family Services Jacobs, Library Director Tovar, Library Adult Service Supervisor Shahsavari, Monrovia Nursery Project Manager Bruckner, City Clerk Mendoza, Deputy City Clerk Toscano. Public Part PUBLIC PARTICIPATION K. Gurrola Ms. Kristin Gurrola, Associate Director for the Center for Academic Service Learning and Comments Research at Azusa Pacific University, addressed Council and announced thisyear's federal work- study participation in the Azusa Reads Program conducted at the City Library. REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Director of Utilities Joe Hsu provided an update on the Customer Information system Hsu implementation at the Azusa Light and Water Department stating that there are no major comments problems. He also announced that there was a power outage on Labor Day and a new breaker ' was damaged that will cost money to repair. Pub Part PUBLIC PARTICIPATION (Continued) O. Bruno Emergency Services Coordinator Bruno provided an update on the disaster in the Southern Emergency States due to Hurricane Katrina, she provided statistics regarding rescues, housing, emergency Services services centers, help needed out of the American Red Cross, M. Dickerson Mr. Mark Dickerson of Azusa Pacific University addressed Council advising that the APU campus APU Red Cross will be utilized as a training site for the American Red Cross on September 17 and 18, in the Training upper Turner East Campus: additional information is available on their web site. 09/06/05 PAGE TWO Ms. Bruno readdressed the issue stating that volunteers are needed and to contact Connie O. Bruno Chaverria at (626) 331-8266; further that city employees Debbie Enriquez and Melissa Powell Continued are volunteering to help man telephones at the American Red Cross, on their own time. She also noted that city employees Mark Walters and Betty Donnelson are also joining volunteer efforts and may be shipped out this week to the Houston Astrodome. She noted that there are Red Cross donation boxes placed throughout the City. She stressed the Importance of the volunteers and donations of money to the Red Cross at this time. Mayor Chagnon requested that the Red Cross numbers as well as other numbers of importance be posted on the City's website. Captain Sam Gonzalez addressed the issue advising that the City of Gretna Police Department in Cpt Gonzalez Jefferson Perris on the west bank of the Mississippi River has sent out an SOS and is in dire need Comments of clothing to outfit their 70 employees; shoes, socks, t -shirts, underwear and sunscreen. Mr. Mike Lee addressed Council noting that Bob Donnelson had his car radio stolen at the last Council Meeting and expressed that there is a need for more security at the auditorium or at least more lighting at the florist shop across from City Hall. He stated that he enjoyed the concerts In the park and he thanked all responsible for them. He requested that all contribute to the American Red Cross, noting the red donation box. Mr. Jorge Rosales addressed Council announcing that he is a member of the Citizens United to Save Van Tassel Ridge, which is a group that is against the potential expansion of the Vulcan/Azusa Rock Mining Operation. He detailed the potential health problems that could occur and referred to their web site for more information; wavevantassel.com or savevantassel(@aol.com. He noted that interested person can call 374-7798 and that a meeting is scheduled for September 29th at the Azusa Auditorium. M. Lee Comments J. Rosales Comments Ms. Pamela Vera addressed Council expressing her opinion regarding the restrictions from the P. Vera Government of not being able to say "Jesus" in prayers at City Council Meetings. Comments Mr. Art Morales addressed Council thanking them and all for attending Concerts in the Parks. A. Morales He recognized Uriel Macias, Burke Hamilton and John Dierking, who were In attendance in the Comments audience. He commented on remedies to fight the cause of prostate cancer and a closed session Item that was held. Lastly he hoped that the City is prepared in case of a double dam break above Azusa. Mr. Burke Hamilton addressed Council and audience stating that school begins on Thursday, B. Hamilton September 8, 2005. He noted the moderation of some the schools and new classrooms, Comments stressing the importance of keeping these schools maintained. He also stressed the need to watch our children and noted the school board election November 8`" and its importance as well. City Manager Delach spoke about Azusa's participation in American Red Cross that will be City Mgr discussed at Tuesday's Staff Meeting; discussion will consist of how Azusa can help, risk Comments management, etc. Councilmember Hanks addressed the hurricane relief efforts stating that Azusa should look for properties available where families can stay here; he thanked Olga Bruno for her proactive approach towards the relief efforts. Councilmember Rocha also reminded all that school starts Thursday, he talked about the next clean up date on September I oth, Saturday, at 8 am at Magnolia elementary school. He noted that he has recently retired and feels sad about it at this time, but offered encouragement to teachers and parents, who he noted are also teachers. Mayor Chagnon expressed concern regarding on and off ramps that are in dire need to be cleaned; she asked that staff contact CalTrans so that they are aware of these areas. She thanked City Staff for participating in City Hall on the move, thanks to staff for seeing that the fountain at the L&W dept was repaired and asked for a Council update on Reader Board. She advised that she would be attending the next staff meeting to talk about relief efforts from hurricane Katrina. She asked that everyone keep in prayers, Councilmember Joe Rocha who has been facing many challenges this year, also noting that he has retired this year, of which the Council and audience gave him a round of applause. SCHEDULED ITEMS Hanks Comments Rocha Comments Chagnon Comments Sched Items CONTINUED PUBLIC HEARING —a request by Azusa Pacific University for approval of a Specific Cont Pub Hrg Plan and Development Agreement. Azusa Pacific University 09/06/05 PAGE THREE Assistant Community Development Director Onaga addressed the issue providing an update on the APU Development Agreement stating that the Planning Commission has made one minor change to the Development Agreement in Section 2.14 Public Works — they added: "The City reserves the right to pre -qualify contractors selected by Owner to construct certain public work facilities". He also stated that with regard to the Specific Plan, in order for to be consistent with the DDA, 3. Phase 3, b. Professional Building, is to read as follows: "Phase 3 includes the construction of an approximately 20,000 sq. ft. professional building to accommodate university and university -related tenants providing commercial/retail services to both the student population and the surrounding community. The building is to be designed to enhance and reflect the surrounding community in concept, character and scale. The building design shall attempt to provide entrances and storefront display oriented to the street to contribute to an attractive and inviting street environment". He then requested that Council adopt staff's recommendation.., He answered questions posed by Councilmembers regarding the proposed 20,000 square footage, the usage and the 1999 DDA with APU regarding the purchase of the Krems property language regarding that area. City Engineer Scott responded to questions regarding Palm Drive stating that it will not be widened; every effort will be used to save the Palm Trees and discussions are still being held regarding the APU drive way and the proposed traffic signal. Asst Com Dev Dir Onaga Comments Discussion was held regarding the proposed Specific Plan and the Disposition and Development Discussion Agreement adopted in 1999; specifically the proposed 20,000 sq ft vs. 40,000 sq ft for proposed retail building. Mr. Mark Dickerson of Azusa Pacific University addressed the issue disagreeing with the M. Dickerson amendment of the Specific Plan to conform to the old DDA. He stated that there Is a need to APU clear up the discrepancies by amending the DDA; he stated that the differences are significant. Comments Mayor Pro -Tem Hardison stating that when the Krems property was sold to APU there was an Hardison agreement to provide retail space in that area. Comment City Attorney Randolph advised that it Is important that the Disposition and Development City Attorney Agreement and the Specific Plan be consistent. He advised that the best way to address that is Comments for Council to decide how to do that; either by amending the Specific Plan or amend the DDA; conflict Is not irreconcilable. 'Mr. Ken Bernstein of the Los Angeles County Conservancy addressed the issue stating that the I(. Bernstein Conservancy was not notified of the hearing and requested a 30 day re -circulation period and Comments stated that the EIR does not include a reasonable range of criteria. Ms. Ruth Ann Griffin addressed the issue expressing her opinion against having the Drive -In R. Griffin remain in the City. Comments Mr. Jim Concle of Route 66 Committee addressed the hearing requesting that the City keep J. Concle some parts of the Drive -In Theater. Comments Mr. Glen Duncan addressed the hearing stating that he is currently developing a survey of all the G. Duncan historical resources along Route 66, for the National Park Service. He read a letter into the Comments record written by Michael Romero Taylor, Program Manager of Route 66 Corridor Preservation Program, expressing the importance of the Azusa Drive -In Theater to America's 20th century heritage. Ms. Kelly Shapiro addressed the Hearing also requesting that the comment period for the K. Shapiro Environmental Impact Report be re -circulated. Comments Mr, Jorge Rosales addressed the Public Hearing expressing his opinion in favor of the Azusa J. Rosales Pacific University Project. He questioned three areas i.e. traffic, clarification of certain language Comments and scholarships. Mr. Mark Ades, former member of Cultural and Historical Commission, addressed the issue M. Ades stating that the Commission had began negotiations with APU and agreed that the marquee Comments would stay in place and it was also discussed with conservancy persons about eight months ago. Mr. Zack Miller addressed the issue in favor of Azusa Pacific University project stating that it has Z. Miller a positive impact on the city businesses, and specifically his business, Carvel and Cinnabon. Comments Ms>Ronna Lundy of Jan's Towing, President of Azusa Chamber of Commerce, read a letter in R. Lundy for of the,project Into the record also expressing Azusa Pacific University's positive image in the Comments City. 09/06/05 PAGE FOUR Mr. Frank Allen addressed the hearing in favor of Azusa Pacifica University's project. F. Allen Mr. Art Morales addressed the public hearing reminiscing about the Drive -In Theater, talking A. Morales about other historical sites lost in the past and requesting 30 days of which to make a decision Comments on the matter. Mr. Burke Hamilton, as a member of the Planning Commission, addressed the public hearing B. Hamilton stating that APU was planning and building a two story building in the area of Foothill and Stein Comments and that they would be moving their book store to that area in order for others in the community could utilize the store and that It was to be 6,500 square feet. Mayor Chagnon read a letter from Scott R. Piotrowski of 66 Productions into the record, Chagnon requesting council to postpone adoption of the Azusa Pacific University Specific Plan until the Comments 'preservation of the remaining structures of the Azusa Foothill Drive -In Theater are included in the plan. Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Hanks and unanimously Hrg Clsd carried to close the Public Hearing. It was consensus of Councilmembers to direct staff to come back with answers to the following Staff Direction questions: Answer Questions 1999 Disposition and Development Agreement versus the present proposed Disposition and Development Agreement with Azusa Pacific University. Fiscal Impact Fees versus what sales tax would be generated by a commercial entity, what the off sets would be. Scholarships — term of agreement is 20 years, what would happen after that, would the scholarships continue, could it be continued another twenty years? Section 2.3 subsequent zoning amendments, Section 2.15.1 Mitigation Measures - owner's obligations — streets impacted by traffic - are the costs only APU portion — how to do all upgrades at one time and not piecemealed. Fiscal Impact - to always remain neutral. City to get mechanism to ensure that the city receive .50 on every ticket sold at APU event center, and/or identify which events would qualify. Does the property have to be fully developed in order for the development agreement to end, or does the development agreement end when the project is completed. Language triggering mechanism tying the Specific Plan and Development Agreement to any DDA on the Krems site. Timing of development— infrastructure needs are built along with dorm rooms, etc. PUBLIC HEARING —to consider the adoption of the revised Water Development and Annexation Pub Hrg Fees. Wtr Sys Annex R Dev Fees The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication Hrg Open of notice of said hearing published in the Azusa Herald on August 5, 2005 Director of Utilities Hsu addressed the Issue stating that the fees were first adopted in 1988 and Dir of Utll were to be updated on an annual basis according the Engineering News Record (ENR) Comments construction cost Index for the Los Angeles area. This year it is being based on an increase of 6.31%. Testimony was solicited, but, none was received. Testimony Moved by Mayor Pro -Tem Hanks, seconded by Council member Rocha and unanimously carried Hrg Clsd to close the Public Hearing. Mayor Pro -Tem Hardison offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING ' WATER SYSTEM ANNEXATION FEES. Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Hanks 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 09/06/05 PAGE FIVE Res. 05-C69 Wtr Sys Annex Fees Mayor Pro -Tem Hardison offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING Res. 05-C70 WATER SYSTEM DEVELOPMENT FEES. Wtr Sys Dev Fees Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Hanks 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 PUBLIC HEARING —to adopt a Resolution Initiating annexation of the northeast corner of Azusa Pub Hrg Avenue and Arrow Highway. Annexation Azusa &Arrow The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication Hrg open of notice of said hearing published in the Azusa Herald on August 5, 2005 Mr. Art Morales addressed the Hearing expressing his opinion in favor of the annexation of the A. Morales northeast corner of Arrow Highway and Azusa Avenue. Comments Moved by Councilmember Hanks, seconded by Mayor Pro -Tem Hardison and unanimously Hrg Clsd carried to close the Public Hearing. Mayor Pro -Tem Hardison offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REQUESTING THE LOCAL AGENCY FORMATION COMMISSION TO INITIATE PROCEEDINGS FOR THE REORGANIZATION OF TERRITORY. 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 MONROVIA NURSERY PROTECT: EIR ADDENDUM NO. 2 Mr. Art Morales expressed his opinion against the project. Mayor Pro -Tem Hardison offered a Resolution entitled: Res. 05-C71 Annexation Proceedings Arrow & Azusa Monrovia Nursery EIR Addendum #2 A. Morales A RESOLUTION OF THE CITY COUNCILOF THE CITY OF AZUSA, CALIFORNIA, APPROVING Res. 05-C72 ADDENDUM NO. 2 TO THE FINAL EIR AND MITIGATION MONITORING PROGRAM PREPARED Appvg Add AND ADOPTED FOR THE MONROVIA NURSERY SPECIFIC PLAN AND PROJECT #2 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 ELECTRIC RATE ADIUSTMENT Mayor Pro -Tem Hardison offered a Resolution entitled: Elect Rate Adjustment 'A RESOLUTION OF THE CITY OCUNCIL OF THE CITY OF AZUSA, AMENDING THE SCHEDULE Res. 05-C73 OF ELECTRIC RATES AND CHARGES FOR AZUSA LIGHT AND WATER. Elect Rate Adjustment Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 09/06/05 PAGE SIX HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NONE NONE L� The CONSENT CALENDAR consisting of Items D-1 through D-9 was approved by motion of Consent Cal Mayor Pro -Tem Hardison, seconded by Councilmember Carrillo and unanimously carried, with Appvd D-8 the exception of item D-8, which was considered under the Special Call portion of the Agenda. Spec Cali The Minutes of the regular meeting of August 15, 2005, were approved as written. Min approved 2. Human Resources Action Items were approved as follows: New Appointments: R. Ryan, Water Distribution Worker II, and G. Gomez, Water HR Action Distribution Worker II. Item 3. The Azusa Reads, Off -Campus Federal Work -Study Program Agreement with Azusa Pacific Azusa Reads University was approved and the City Manager was authorized to sign same. Agmt w/APU 4. The Grant Deed from Azusa Unified School District conveying the necessary right of way Grant Deed along Ninth Street for the implementation of the Rosedale Project was accepted and the AUSD 9th St. City Clerk was authorized to submit same to the county records Office for recordation. Right of Way 5. Approval was given for roof repair and three-year maintenance service specifications for Roof Repair Azusa Light and Water Administration Building and authorization for formal bidding. Specs 6. The Memorandum of Understanding between the City of Azusa ad the Azusa Golden Days MOU Golden Committee was approved and the City Manager was authorized to execute same. Days 7. The City Treasurer's Report as of July 31, 2005, was received and filed. Treas Rpt 8. SPECIAL CALL ITEM. Spec Call 9. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 05-C75 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warrants TO BE PAID. SPECIAL CALL ITEMS Spec Call Councilmember Rocha expressed his opposition to expenses that were not reasonable, i.e. non Rocha Job related expenses. He asked City Manager Delach for a policy regarding the expenses. Comments Moved by Mayor Pro- Tem Hardison, seconded by Councilmember Carrillo and unanimously Com Dev Dir carried to approve the Employment Agreement with Bruce Coleman for the Community B. Coleman Development Director. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 10:03 Convene CRA P.M. Convene City THE REDEVELOPMENT AGENCY ADJOURNED AND THE CITY COUNCIL RECONVENED AT 10:04 P.M. The City Council recessed to Closed Session at 10:04 p.m. to discuss the items not addressed at Recess Closed the beginning of the City Council meeting. Session The City Council reconvened at 10:48 p.m. The City Attorney advised that there was no Reconvened reportable action taken in Closed Session. It was consensus to adjourn the meeting in memory of those devastated by Hurricane Katrina. Adjourn in Memory ' TIME OF ADJOURNMENT: t0:49 P.M. CITY CLERK NEM RESOLUTION NO. 2005-C77. NEM ORDINANCE NO. 2005-07 09/06/05 PAGE SEVEN