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HomeMy WebLinkAboutMinutes - December 19, 2005 - CCCITY OF AZUSA I MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 19, 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 The City Council recessed to Closed Session at 6:30 p.m. to discuss the following: PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957) Title: City Manager Closed Sess Recess Pub Emp Evaluation CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.61. Conf w/Labor Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiators Organizations/Employee: ACEA, APMA, AMMA, APOA, CAPP, IBEW, LABORERS, EXECUTIVE. Reconvened The City Council reconvened at 7:28 p.m. City Attorney Martinez advised that there was no City Attorney reportable action taken in Closed Session. Comments Mayor Chagnon called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION - was given by Reverend Logan Westbrooks of the Faith Temple Church of God in Invocation Christ. Roll Call ROLL CALL PRESENT: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON ABSENT: COUNCILMEMBERS: NONE Also Present ALSO PRESENT: City Attorney Martinez, City Manager Delach, Assistant City Manager Person, Utilities Director Hsu, Assistant Director of Water Operations Anderson, Economic Development Director Coleman, Public Information Officer Quiroz, Interim Chief of Police Garcia, Director of Recreation and Family Services Jacobs, Public Works Director -Assistant City Manager Makshanoff, City Treasurer Hamilton, Assistant to the Utilities Director Kalscheuer, , Director Resource Management Tang, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Public Part Ms. Stephanie Mills read an e-mail from her nephew, Joe Carmona who is in the Army and S. Mills stationed in Iraq. He received the 300 lbs of candy sent to him by Councilmember Rocha and Comments residents of Azusa; the American Legion, VFW and Civitans paid the $504.00 shipping charge; he thanked all for their support. Councilmember Rocha thanked the groups and individuals for paying the shipping charges. Mr. Jorge Rosales wished the Mayor and City Council a Merry Christmas and a Happy New Year; J, Rosales he thanked staff for their assistance in giving him information on items over the past few weeks. comments Mr. Art Morales wished all a very Merry Christmas and a Happy New Year. He requested that A. Morales Council continue to support the kids in the community who have fundraisers related to the Comments firework issue. He noted that it is nice to have Fran Delach as City Manager. Mr. Michael Baca addressed Council announcing and introducing himself and the new small M. Baca business he has began in a CPR and First Aid Company; he travels to teach the classes and the Comments business address and phone numbers are as follows: 1041 Calle De La Luna, 334-8498. Mr. Robert Gonzales addressed Council and invited all to Casino Night Friday, on January 13, R. Gonzales 2006, at the Woman's Club, which will be a fundraiser for all youth programs in Azusa, i.e. AYP, Comments Azusa American and National Little Leagues, Azusa Raiders and Azusa Parks and Recreation. He stated that the fundraiser will be from 7 p.m. — 11 p.m., presale tickets are $25.00, and at door $30.00, for additional information call 812-5280, Parks and Recreation or Robert at 945- 9280. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates 'Ms. Norma Chavira of the Azusa Raiders addressed Council requesting sponsorship for the N. Chavira Azusa Raiderettes, an eight member girl group who will be performing in Las Vegas at the Azusa National Cheerleading Competition; she detailed the qualifications and progress of the group. Ralderettes She provided the following website for further information: Azusaraiders.org. Moved by Sponsorship Councilmember Rocha to provide each participant with $100 sponsorship; motion died for the lack of a second. Moved by Councilmember Hanks, seconded by Councilmember Carrillo and unanimously carried that the Azusa Raiders be granted a $400.00 sponsorship. Assistant to the Utilities Director l(alscheuer providing information regarding trash pick up and C. I(alscheuer recycling during Christmas time. He advised that there will be a one day delay in trash pick— up, Update on that Christmas trees will be picked up at the curb along with trash for two weeks following the Christmas tree holiday and he asked that they not be cut up as they will be recycled. He stated that last year Recycling there were 6,500 trees recycled. He also announced that the City has a website entitled the Azusa Online Exchange where people can get rid of items on line; charitable organizations sometimes request items that they need. He state that Azusa Unified School District is looking for guitars, violins and trumpets. http://aoe.azusa[w.com. Councilmember Carrillo directed staff to come back to the January 17`" meeting with a staff Carrillo report regarding the CUP at a Day Care Center on Second Street, ensuring that conditions are Comments being met and complied with and that there is proper enforcement. He wished all a Merry Christmas and a safe and sane holiday season; he thanked all for letting him serve the citizens of Azusa and said to call him with any questions and concerns. 'Mayor Pro -Tem Hardison wished all a Merry Christmas and a Happy New Year. Hardison Councilmember Rocha thanked all who volunteered with the Azusa Annual Food Drive and asked Rocha that the meeting be adjourned in memory of Doris Hannaford, Linda Trujillo, Erna Muldrow and Comments Joe Hernandez: He wised all a Merry Christmas and a Happy New Year, especially to all Veterans who have made our freedom possible. He thanked Peggy Martinez and noted that three more service persons names were added Azusa Avenue. Councilmember Hanks provided an update regarding the priorities to the Gold Line and getting Hanks the project into MTA's long range plan, stating that the MTA Board will be meeting in January or Comments February to establish the long range plan and he will be requesting a resolution from Council to the MTA Board requesting that they put the project into their long range plan in order to be eligible for Federal Funding for the project. He wished all a Merry Christmas and a Happy New Year. Mayor Chagnon, on behalf of herself and her family wished all a Merry Christmas and Happy Chagnon New Year as well as wishes for a healthy new year. She noted that the State of the City Address Comments will be coming in January or February and is excited to share information regarding the many projects that are going on in the community. Public Works Director -Assistant City Manager Makshanoff addressed Council providing an update on the pavement management program stating that by the end of the week they will have Alameda, Dalton, Holmar, Soldano, Pasadena, Old Mill and Rockvale, finished from Sierra Madre to the north through Fifth Street to the south; he noted that Azusa and San Gabriel will be completed next week. He requested that residents keep speed limits down, it would keep the dust down, and further the project is slated to be finished by January 4, 2006. Councilmember Rocha inquired whether the alleys of Azusa were included in the Pavement Management Program; and Mr. Makshanoff responded that they were not, but would look in that specific one between Azusa Avenue and San Gabriel, which dead ends there. 12/19/05 PAGE TWO Pub Wks Dir Update on Pavement Program Rocha Comment SCHEDULED ITEMS Sched Items PUBLIC HEARING — on the proposed sale of surplus property located at 16108 East San Pub Hrg Bernardino Road, Covina, California, 91722. 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 December 8, 2005. Assistant to the Utilities Director Kalscheuer addressed the Public Hearing stating that the property is part of the Azusa Light and Water assets and is located in an unincorporated area of Covina on San Bernardino Road, a small lot between a residential property and a church; about 3000 square feet and zoned for Light Agriculture, which would allow for the development of residential site. He stated that both the church and residents on each side of the property have 'dialoged with the City regarding the property. He stated that the purpose of the Public Hearing is to receive protests. City Attorney Martinez advised that a letter of protest was received as well as other documents which are still being reviewed and that the issues are title Issues which still need to be confirmed. He stated that the church has submitted an old title report which is being reviewed. Assistant to the Utilities Director Kalscheuer responded to questions from Councilmembers regarding Realtors, adjacent property owners expressing interest in the property and the non vehicular access. It was suggested that he consider other realtors and perhaps an open bidding process with regard to realtors. He advised that they expect to sell the property to adjacent property owns since the lot is so small and that the options for access are driveways cut to the street. Mr. Daryl Miller, Attorney with the Law Firm of Russell &Miller LLP, on behalf of Trinity Lutheran Church, addressed the Hearing and introduced President of the congregation Frank Martinez, and Treasurer AI Knutson. He stated that he is in agreement to continue the public hearing in order that they may answer the questions: Who owns the property? What rights, if any does the owner have? He stated that they have paperwork that suggests the property is owned by the church. He stated that the City should obtain a Title Report. He asked for a continuance to the meeting of January 17, 2006 and talked about paperwork he submitted and what it may mean. C. Kalscheuer Comments M. Martinez Comments C. Kalscheuer Response to Questions D. Miller Comments Discussion was held between Councilmembers, Mr. Miller, Mr. Knutson, City Attorney Martinez, Discussion and Assistant to the Utilities Director Kalscheuer regarding the property, i.e. it's size, what is permitted on the property, the County authority over the property, the process, documents (easements) submitted and what they are and mean. Mr. David Ramirez, an adjacent property owner addressed the Public Hearing expressing his D. Ramirez interest In purchasing the subject property and also expressed his concern regarding the Comments entrance to the property which may upset the cul de sac that he resides in. He requested that he be kept updated on the issue. Mr. Art Morales addressed the issue stating that staff does not have to go out of Azusa to find a A. Morales real estate person and that they should try and do business with Azusa first. Comments Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Hanks and unanimously Hrg continued carried to continue the Public Hearing to the meeting of January 17, 2006. To 1/17/06 PUBLIC HEARING — to consider adoption of the 2005 Urban Water Management Plan. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on December 8, 2005. Assistant Director of Water Operations Anderson addressed the Public Hearing stating that the California Water Code requires water entities with a certain amount of customers and/or 'production to produce an Urban Water Management Plan and the subject Hearing is to discuss the latest version. He solicited questions and introduced Mr. Kevin Sneed of Stedson Engineers who prepared the Urban Water Management Plan. Mr. Anderson responded to questions of Councilmember Hanks regarding reclaimed water use, and grey water use, they discussed the issue. Pub Hrg Urban Wtr Hrg open C. Anderson Comments Mr. Art Morales addressed the issue stating that the document, 2005 Urban Water Management A. Morales Plan was two inches thick and there wasn't enough time for him to read it, as it was left at the Comments City Library on Thursday. 12/19/05 PAGE THREE Mr. Jorge Rosales addressed the Public Hearing stating that the documents of the Azusa City J. Rosales Council as well as the Utility Board were not in the Library on Saturday. Comments Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Hanks and unanimously Hrg Closed carried to close the public hearing. Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Rocha and unanimously Urban Water carried to approve the 2005 Urban Water Management Plan Update (UWMP) and direct staff to Management submit the UWMP to the California Department of Water Resources. Plan approved Mayor Pro -Tem Hardison offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE YEAR 2005 Res. 05 -CI O9 URBAN WATER MANAGEMENT PLAN. Urban Water Management Moved by Mayor Pro -Tem Hardison, seconded by Councllmember Rocha to waive further Plan 2005 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 IOINT COMMUNITY FACILITIES AGREEMENTS WITH THE PASADENA METRO BLUE LINE Joint Com Fac CONSTRUCTION AUTHORITY AND AZUSA UNIFIED SCHOOL DISTRICT. Agmts/Reso Councilmember Hanks addressed the issue asking that if anything is amended, like changing the Hanks name and/or changing the governance of the Pasadena Metro Blue Line Construction Authority, Comments what would be the recourse of the City Council with regard to the proposed resolution. City Attorney Martinez responded stating that they would do a blanket amendment across the M. Martinez board to change the name. He stated that he would draft language to ensure that they are Comments covered if the name is changed. Moved by Councilmember Hanks, seconded by Councilmember Carrillo and unanimously carried Agmt appvd by adopt the resolution and add language to the agreement regarding successors. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING JOINT Res. 05-C110 COMMUNITY FACILITIES AGREEMENT WITH PASADENA METRO BLUE LINE CONSTRUCTION Joint corn AUTHORITYAND AZUSA UNIFIED SCHOOL DISTRICT (COMMUNITY FACILITIES DISTRICT NO. Fac Agmt w/ 2005-1 (ROSEDALE)). Pasadena Blue Line &AUSD Moved by Councilmember Hanks, seconded by Councilmember Carrillo to waive further reading Rosedale 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 AN ORDINANCE CONCERNING THE REGULATION OF THE SALE AND DISCHARGE OF Proposed Ord FIREWORKS WITHIN THE CITY OF AZUSA. Fireworks In Azusa Mr. David Corea, representing TNT Fireworks, addressed the issue, thanking Mayor and Staff for D. Corea meeting with him regarding the fireworks issue; further if there was anything else he could do to Comments continue the dialog, staff should let him know. 'Mr. Greg Ahern addressed the issue expressing concern regarding funding that has been G. Ahern contributed by the groups that have fireworks stands, to the Council scholarship fund. He asked Comments what the status of the fund is and how much is remaining. He noted that Councilman Rocha has asked on several occasions, but no one has provided a report for the last three years. He stated that the loss of three days to sell fireworks is going to hurt sales. He expressed his opinion regarding the process for creating the proposed fireworks ordinance and also about its restrictions. He also proposed that the Junior Fire Fighters be utilized in an education program regarding fireworks. It was suggested that he talk to the Azusa Unified School District about it also. 12/19/05 PAGE FOUR Mayor Pro -Tem Hardison stated that there is now an ordinance that can be used and he thanked Hardison all the groups and fireworks vendors for their input. Comments Mayor Chagnon noted and commented on the following and proposed some changes: Section Chagnon 30-102 (b) "would churches and schools be cited"? (was discussed) Section 30-105 (6) "No Comments person under 14 years of age shall be allowed inside the stand at any time." She asked that this be changed to 18 years of age. Section 30-105 (13), she would like to change "of" to "from". Section 30-132 (e) discussed. Section 30133 (b) would like to change "shall to could". With regard to conversion to metal stands, would like to see 30% conversion the first year, 60% conversion the second year and 100% conversion the third year. Lengthy discussion was held between Councilmembers, City Attorney, and Interim Chief of Discussion Police Garcia regarding church parking lot, section 30102 (b) "a strict liability offense"; additional discussion was held regarding 30-105 (3) and (4), 30-132 (a) and (e), 30-133 (b). The report of the structural fires was recited to Councilmember Rocha by Assistant City Manager Person as follows: in 2003 there were two tree fires, no structure fires, 2004 five minor fires, two trash, two trees and one bush, and 2005 three minor bush and grass fires. Councilmember Rocha also asked for the printing and street cleaning costs. Mayor Chagnon responded detailing information regarding flyers, video, mailers, etc. and at this time she suggested that stands migrating towards metal should be 301/o, 60%, 100%, one year, two year, three year. Councilmember Rocha addressed the issue expressing his agreement with Councilmember Hanks stating that Homework House should be the cap at 23, and that days usage should coincide with the date of sale should be July 1"noon to July 4`h midnight. He talked about first and second year warnings and that the energy should be used toward illegal fireworks not kids lighting a sparkler from July 1" through July 4`h. There was no majority consensus for the request. Report Rocha Comments City Attorney Martinez cited the following that will be amended in the proposed ordinance: City Attorney Section 30-105 (1) temporary fireworks stands shall be constructed of metal 30% first year, 60% Comments second year and 100% by the third year. Section 30-105 (6), 14 years of age will be changed to 18 years of age, (13) to read "20 feet from any permanent building". Mayor Pro -Tem Hardison offered an Ordinance entitled: 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING 1$` Rdg Ord CHAPTER 30 OF THE AZUSA MUNICIPAL CODE BY RESTATING IN THEIR ENTIRETY DIVISIONS 1 Regulation Safe AND 2 OF ARTICLE IV OF CHAPTER 30 CONCERNING THE REGULATION OF THE SALE AND & Sale & DISCHARGE OF FIREWORKS WITHIN THE CITY OF AZUSA. Discharge of Fireworks Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Carrillo and carried to waive further reading and introduce the proposed ordinance. Councilmembers Hanks and Rocha voting no. CONSENT CALENDAR consisting of Items D-1 through D-6 was approved by motion of Consent Cal Councilmember Rocha, seconded by Councilmember Hanks unanimously carried, with the Approved exception of items D-3 and D-6, which were considered under the Special Call portion of the Agenda. 1. The Minutes of the regular meeting of the December 5, 2005, and the adjourned regular of Min appvd December 12, 2005, were approved as written. 2. The Budget Revision report for the Building Division was received and filed. Bldg Budget 3. SPECIAL CALL ITEM. Spec Call 4. The plans and specifications for retrofit and replacement of ball field at Gladstone Park Plans & specs were approved and the City Clerk was directed to advertise for bids. Ball field 5. Final Tract Map No. 54057-1, street dedication — Rosedale, was accepted, the mayor was authorized to execute the Public Improvement Agreement to construct the required public improvements, the Faithful Performance Bond and Labor and Materials Bonds were accepted, the Final Tract Map was approved and the City Clerk was authorized to endorse map certification which embodies the approval of said map and accepts the dedications. 6. SPECIAL CALL ITEM. 12/19/05 PAGE FIVE Final Tract Map Street Dedication Rosedale SPECIAL CALL ITEMS Spec Call Items Director of Recreation and Family Services Jacobs responded to questions regarding the remodel Slauson Pk to the Slauson Park restroom stating that the project will consist of fixture change out, new tile, KHMZ Cnstn fresh paint and to adhere to ADA Accessibility Standards necessary to the project. Councilmember Rocha noted that the entrance to the bathroom is obscured and asked that for security reasons if it would be possible to change the entrance from east to west. Mr. Jacobs responded that It wasn't possible due to the budget for the project, but that he could work with the Police Department to provide extra security measures. Moved by Mayor Pro -Tem Hardison, seconded by Mayo Chagnon and unanimously carried to Contract the contract for the 2005-2009 CIP Project #1360770 Slauson Park Restroom Improvements be Awarded to awarded to KHMZ Construction in the amount of $78,000. KHMZ Councilmember Rocha addressed warrant resolution noting a couple of items of concern Rocha regarding the luncheon policy and reimbursements for luncheon; he requested additional Comments information from City Manager Delach regarding the Luncheon Reimbursement Policy and dissented on the warrant resolution. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS Res. 05-C1 1 1 AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Warrants Moved by Mayor Pro -Tem Hardison, seconded by Mayor Chagnon to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, HANKS, CHAGNON NOES: COUNCILMEMBERS: ROCHA ABSENT: COUNCILMEMBERS: NONE THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 9:48 P.M. Convene CRA THE REDEVELOPMENT AGENCY ADJOURNED AND THE CITY COUNCIL RECONVENED AT 9:49 Convene City P.M. Councilmember Rocha offered an Ordinance entitled: 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING Ord. 05-09 SECTION 3-1 OF THE AZUSA MUNICIPAL CODE CONCERNING PROCESSING CLAIMS AGAINST Tort Claims THE CITY Moved by Councilmember Rocha, seconded by Mayor Pro -Tem Hardison to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE It was consensus to adjourn in memory of Doris Hannaford, Linda Trujillo, Erna Muldrow and Joe Hernandez. TIME OF ADJOURNMENT: 9:50 P.M. CITY CLERK J ' NEXT RESOLUTION NO. 2006-C1. NEXT ORDINANCE NO. 2006-01. UPCOMING MEETINGS: January, 3, 2006, (Tuesday) City Council, January 9, 2006, Workshop on Block 36, January 17, 2006, (Tuesday) City Council, January 23, 2006, Utility Board, January 30, 2006, Workshop on Block 36 and possibly Joint Meeting with AUSD, February 6, 2006, City Council. 12/19/05 PAGE SIX Adjourn in Memory of Doris Hannaford, Linda Trujillo, Erna Muldrow, Joe Hernandez