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HomeMy WebLinkAboutMinutes - November 21, 2005 - CCCITY OF AZUSA ' MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 21, 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. CLOSED SESSION Closed Sess The City Council recessed to Closed Session at 6:50 p.m. to discuss the following: Recess CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6). Labor Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiations Organizations/Employee: ACEA, APMA, AMMA, APOA, CAPP, IBEW, LABORERS, EXECUTIVE. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION AND WORKERS Anticipated COMPENSATION CLAIM — DAVIS — (Gov. Sec. 54956.9 (b)1 Litigation The City Council reconvened at 7:30 p.m. Reconvened Attorney Martinez, announced that Council heard a presentation by the union negotiators and Atty Martinez provided them with additional direction. Regarding the Anticipated litigation and workers Report Closed compensation claim, regarding Police Chief Mr. King Davis, a 4-0 vote was taken, with Session Councilmember Carrillo absent, to ratify a settlement agreement concerning the claims filed by Mr. Davis. The agreement provides with a voluntary separation and retirement from City Services by Mr. Davis and does not include monetary settlement. Mayor Chagnon called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION Reverend Leroy of the First Assembly of God Church. Invocation ROLL CALL Roll Call Carrillo Absent PRESENT: COUNCILMEMBERS: HARDISON, ROCHA, HANKS, CHAGNON ABSENT: COUNCILMEMBERS: CARRILLO ALSO PRESENT: Also Present City Attorney Martinez, City Manager Delach, Assistant City Manager Person, Economic and Community Development Director Coleman, Acting Police Chief Garcia, Community 'Improvement Manager Rudisel, Public Information Officer Quiroz, City Clerk Mendoza, Acting Deputy City Clerk Hernandez. Public Part PUBLIC PARTICIPATION Ms. Stephanie Mills addressed the meeting thanking all those who voted in the past November S. Mills re. 11/8 8, Special Election and expressed her concern regarding the School Board of Trustees being Spec Election divided into four districts in Azusa. She suggested having one person representing the entire City School District not four. Ms. Sharon Lewis, Vice President for the Azusa Sister City Committee, addressed council S. Lewis, re expressing her concern regarding the fireworks ordinance, specifically the 10% assessment on fireworks gross income that is being proposed. She stated that this additional assessment will be on top of other charges that non-profit organizations already pay to the city and county; these organizations work hard to comply with all city regulations to sell safe and sane fireworks. Further, she expressed her disappointment of the City for not notifying these organizations of their proposed charges. Discussion was held between council and Ms. Lewis regarding the proposed fireworks Discuss ordinance. Council directed staff to finalize the draft and bring to council for discussion and Fireworks consideration of first reading at the meeting of December 19. 'Mr. Mike Lee thanked all whom voted in the past Special Election of November 8, and M. Lee congratulated Ms. Dickerson for being elected to the School Board, and for her plans to improve comments the schools. He further discussed the poor lightinq on Azusa Ave. He commended Councilmember Rocha for the Veterans Celebration, and thanked Economic Development Director Coleman for making the effort to bring the Home Kitchen Restaurant to Azusa. Ms. Barbara Dickerson thanked all who voted in the past Special Election of November 8, and B. Dickerson re gave a brief summary of the projects that are currently being proposed to improve schools; one school board of these projects Is the Azusa Unified Seven Fabulous Facts. She congratulated students Lizet projects Salas for excelling In golf and participating in the junior Golf Association, and Ashley Shelvey who was named a commended scholar by the National Merit Scholar Program; this places her on the top 5% of test takers on the SAT (State Assessment Test). She stated that Center Middle school has been named a demonstration site for AVIT (Advancement Via Individualize Determination), and there are only 30 in the State of California. She invited residents to volunteer in their schools; Valeydale is currently looking for volunteers to help with the year book and help on field trips. Mr. Art Morales addressed the meeting regarding lighting In the city and suggested a better A. Morales lighting system be placed at the darker intersections. He thanked Councilmembers Rocha and Comments Hanks for supporting issues on fireworks expressed his concerns of the wording of the fireworks ordinance. Due to the amount of money involved, he requested an explanation on item C-2 regarding the purchase of the Riparian Habitat. He wished all a happy Thanksgiving. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Udates Councilmember Rocha announced the Winter Fiesta Festival Holiday Boutique on Sunday J. Rocha December 4 at 10:00 a.m. and the Tree Lighting Ceremony on December 5, at 6:00 p.m., both comments to be held in front of City Hall. He wished all a happy Thanksgiving and encouraged everyone to pray for all those who are currently In the service. He explained that it is customary of council to give certificates to all those who are currently serving, or have come back from the service, and requested that the Mayor read one of the certificates. He thanked the City Manager, Mayor and all who helped serve at the Thanksgiving dinner served to the war veterans last Saturday. He thanked Mr. Lee for donating a $100.00 certificate from a local book store to be presented to one of Azusa schools to purchase books. Councilmember Hanks wished everyone a happy Thanksgiving. Mayor Chagnon announced the recently held ground breaking ceremony at the corner of Foothill &Azusa where a Starbucks Coffee, UPS Office, Cingular Phone and Subway will be opened. The next ground breaking ceremony will be held in December 12, at the Talley Building site where the IL Forno restaurant will be opened. She announced that schools, the City and volunteers are partnering to collect food for the food bank; drop off sites are at the Schools, City Hall and Library; donations will be taken to Saint Francis of Rome food bank for distribution to the needy. She requested council to consider reviewing the open space ordinance with regards to building next to the hillside to make sure that no open land is lost. It was agreed by council to direct staff to prepare a report for council for review, and Councilmember Hanks volunteered to review which hillside lands would be available for development. She wished all a happy Thanksgiving. City Manager Delach announced that due to the retirement of Chief of Police King Davis, Acting Police Chief Bob Garcia will be promoted to Interim Police Chief. Following up on a request from a resident, the old train station is being preserved by the MTA (Metropolitan Transit Authority) and will be kept as a historical building. The ground breaking ceremony for the Talley Building will be held on December 12 at 5:00 p.m. 11/21/05 PAGE TWO K. Hanks D. Chagnon comments F. Delach comments Economic and Community Development Director Coleman addressed the meeting and B. Coleman Introduced Niemann Properties, Inc. who gave a presentation of a Development Proposal for Block 36 Block 36, South East Corner of Azusa Avenue and Foothill Boulevard. This is the first of several presentations by various developers and will eventually lead to an Exclusive Negotiation Agreement. A thorough presentation was given by Nieman Properties, Inc. regarding the Development Nieman Prop Proposal of Block 36. This presentation included a slide show of their proposal, which included presentation different mixed uses such as; space between buildings, design of streets, space for vehicle use, a Block 36 variety of different building styles, housing around main streets and above stores, and parking development techniques. This proposal is the new living style now being built in many urban areas. 'Question answer session was conducted among Council and Nieman Properties, which Question consisted of the parking and parking structures, and types of retail uses. Nieman Property answer session further anticipated that this project could take three years from this date to have it on line and Cncl & Nieman occupied. Sched Items Mayor Pro -tem Hardison offered a Resolution entitled: A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Reso 05-100 UPHOLDING THE SEPTEMBER 6, 2005, NUISANCE DETERMINATION AND ABATEMENT ORDER appeal 710 S. OF THE ADMINISTRATIVE HEARING OFFICER FOR PROPERTY LOCATED AT 710 S. AZUSA Azusa AVENUE (ASSESSOR PARCEL NO. 8621-024-012) 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, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CARRILLO Assistant City Manager Person addressed the item and explained that staff applied and received grant funds for the purchase of riparian habitat. The city purchased a small parcel, but the larger parcel (EI Encanto) was not purchased due to the maintenance and relocation obligations being Imposed. Since this grant can only be used for Its Intended purposes, and the rest of the property was not purchased, the granting agencies, (SRA) State Resources Agency and (SCRMC) San Gabriel River and Mountains Conservancy, are requesting that the City reassign the remaining funds in order to allow another entity to purchase the property. Councilmember Rocha offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, RETURNING FOUR MILLION FIVE HUNDRED NINETY-TWO THOUSAND FOUR HUNDRED SIXTY-SIX DOLLARS ($4,592,466) IN GRANTED FUNDS FOR THE PURPOSE OF PURCHASING PROPERTY RIPARIAN HABITAT. Moved by Councilmember Rocha, seconded by Councilmember Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CARRILLO R. Person Grant reassignment Reso O5 -C101 return grant funds The CONSENT CALENDAR consisting of Items D-1 through D-7 was approved by motion of Consent Cal Councilmember Rocha, seconded by Mayor Pro -tem Hardison and unanimously carried, with the Appd D-6 exception of item D-6, which was considered under the Special Call Portion of the Agenda. Spec call 1. The Minutes of the regular meeting November 7, 2005, the adjourned meeting of November Min approved 5, and the special meetings of November 4, and 14, 2005 were approved as written. 2. Councilmember Rocha offered the following Resolutions: A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF AZUSA APPOINTING ART MORALES Reso O5 -C 102 TO THE CULTURAL AND HISTORIC PRESERVATION COMMISSION. Morales CHC 11/21/05 PAGE THREE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING DIANA Reso 05-C103 WILLIAMS TO THE HUMAN RELATIONS COMMISSION. Williams HRC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING NANCY Reso 05-CIO4 GIBSON TO THE HUMAN RELATIONS COMMISSION. Gibson HRC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING DEANA Reso 05-C 105 SIMPSON TO THE LIBRARY COMMISSION. Simpson LC Moved by Councilmember Rocha, seconded by Mayor Pro -tem Hardison to waive further reading and adopt. Resolutions passed and adopted by the following vote of the Council: 'AYES: COUNCILMEMBERS: HARDISON, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CARRILLO 3. Carl M. Fonoimoana and Marianne Hlava were appointed to the Board of the City of Fonoimona & Azusa/Monrovia Nursery Co. Foundation. Hlava appt Monrovia Found 4. The license agreement between the City of Azusa and the San Gabriel River Water Lic Agmnet Committee for the purpose of maintaining the bike path adjacent to Highway 39 and any SGRWC bike improvements constructed thereon was approved. path 5. An agreement for Financial and Accounting Services with Vavrinek, Trine Day & Co. was Vavrinek Fin & approved, and the City Manager was authorized to execute the agreement. Acct Svcs 6. SPECIAL CALL ITEM. 7. The following resolution was adopted and entitled: Spec CII A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Reso O5 -CI O6 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE warrant TO BE PAID. SPECIAL CALL ITEMS Spec Call Councilmemer Rocha questioned the source of the money for this agreement. City Manager Rocha Delach explained that this money will be coming the general fund. comments Moved by Councilmember Rocha, seconded by Mayor Pro -tem Hardison, to approve the Manning & proposed contract with the firm of Manning &Marder for organization assessment overview of Marder lawyer the Azusa Police Department. for PD THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 8:45 P.M. Convene CRA THE REDEVELOPMENT AGENCY RECESSED AND THE CITY COUNCIL RECONVENED AT 8:47 Convene City P.M. Mayor Chagnon announced that this meeting is being adjourned to November 28, at 6:00 p.m. Chagnon in the Light and Water Building to conduct the Utility Board Meeting, that it will be followed by a announced Council adjourned meeting to conduct a Workshop on Block 36. The next scheduled Council future mtgs. Meeting will be held on December 5, following the Tree Lighting Ceremony at 6:00 p.m. Moved by Mayor Pro -tem Hardison, seconded by Councilmember Rocha and unanimously Adjourn carried to adjourn TIME OF ADJOURNMENT: 8:49 P.M. NEXT RESOLUTION NO. 2005-C107. NEXT ORDINANCE NO. 2005-07. 11/21/05 PAGE FOUR