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HomeMy WebLinkAboutMinutes - February 21, 2006 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 21, 2006 - 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: Closed Sess Recess CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6). Conf w/Labor Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiators Organizations/Employee: ACEA, APMA, AMMA, APOA, CAPP, IBEW, LABORERS, EXECUTIVE. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957) Title: City Manager REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 18331 E. Foothill Boulevard, Azusa, CA 91702 'Negotiating Parties: Azusa Land Partners Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment PUBLIC EMPLOYEE DISCI PLINE/DISMISSAL/RELEASE (Gov. Code Sec. 54957) REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Address: 100 W. Foothill Boulevard, Azusa, CA 91702 Negotiating Parties: Ms. Mercy Moreno Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment LIABILITY CLAIMS (Gov. Code Sec. 65956.951 Claimant: Rigoberto Torres v. City of Azusa Pub Emp Evaluation Real Prop Negotiations 18331 E. Foothill Blvd Emp Disc Real Prop Negotiations 100 W. Foothill Blvd Liab Claims Torres CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Gov. Code Sec. 54956.9 Conf w/Legal (b) 13)). Significant exposure to litigation — Number of potential cases: 1 Counsel The City Council reconvened at 7:30 p.m. Mayor Chagnon advised that they have not finished with the Closed Session items and will returning to Closed Session at the end of the Council Meeting. 'Mayor Chagnon called the meeting to order and led in the Salute to the Flag. INVOCATION - was given by President Richard A. Walker of the Church of Jesus Christ of Latter- day Saints ROLL CALL PRESENT: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON ABSENT: COUNCILMEMBERS: NONE Reconvened Mayor Chagnon Call to Order Invocation Roll Call ALSO PRESENT: City Attorney Martinez, City Manager Delach, Assistant City Manager Person, Economic Development Director Coleman, Public Work Director/Assistant City Manager Makshanoff, Utilities Director Hsu, Public Information Officer Quiroz, Interim Chief of Police Garcia, Project Manager Bruckner, City Engineer Scott, Director of Recreation and Family Services Jacobs, Director of Human Resources Hanson, City Treasurer Hamilton, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Mr. Bill Baca representative of Senator Gloria Romero's office addressed Council and audience 'and invited all to attend the 2006 Housing Summit to be held on Friday, March 3, 2006, from 9:00 a.m. — 12:00 p.m. at the Cameron Park Community Center in West Covina. He also announced that the Senator is hosting an event for 2006 Outstanding Women of the 24`h District on Friday, March 24, 2006, at Chicana Service Action Center in East Los Angels; deadline to accept nomination s is Thursday, March 9'h, 2006. For additional information regarding the events call: (323) 881-0100. Mr. Jorge V. Rosales addressed Council regarding the Status of the Pavement Management Plan, expressing his disappointment of the City's lack of communication to the residents of Azusa that the program is one year behind; he stated that the goal was to complete the program in five years and that this is the first he has heard that it has been delayed one year. As the staff considers the implementation of the remaining pavement plan that more consideration be given to minimize the demolition of streets before any pavement action takes place; he stated that there is a need for It to be sequenced much better than it was this last round. With regard to the Emerald Necklace, he applauds the City's consideration for joining this great effort of creating the vast amount of parks that are possible along the 17 mile loop that Is created by the San Gabriel River and the Rio Hondo; he stated that he hopes the City Council considers joining in the efforts. With regard to the mixed use vs. all residential at Rosedale, he stated that the citizens of Azusa approved the specific plan that address transit oriented development along those two stations and even though the staff report is very generous in indicating that 20,000 to 30,000 square feet of commercial would be adequate, he doesn't agree, the plan Is specific and It needs to be more in the 40,- 50,000 square foot on both of the transit stations because it also encompasses the school areas, he hoped the city Council doesn't reduce it. ' City Manager Delach commented on the Pavement Management Plan stating that when the program began, it had a late start; the bidding process took longer than expected and the first year scheduled spilled over to the second year so It was a about a year behind from the beginning. He stated that he agrees with Mr. Rosales the streets should be sequenced. Mr. Bill Holman, representing Azusa Land Partners addressed Council regarding item C-3 stating that he has reviewed the staff report regarding staff's interpretation of the Monrovia Nursery Specific Plan and whether or not commercial uses required by the Plan. He called attention to a letter from their attorney, Allen Matkins, which addresses their opinion on the subject. He stated that it comes to a different conclusion than the staff report. He stated that because of the location of the site in question off Foothill, staff is being too optimistic and they do not feel that is a good location for retail or commercial that could accommodate demand when the Gold Line comes through Azusa. Ms. Abigail Gaines addressed Council inviting all to the Neighborhood Homework House Annual Spring Silent and Live Auction on March 10`h at 7 p.m. at the Heritage Cafe at the West Campus at the Azusa Pacific University. She stated that Comedian Michael Rainer will be the entertainment and MC. Auction items include two nights at the Mission Hills Resort in Rancho Mirage, helicopter rides, Dodger Game Tickets, and a week -end in Scottsdale Arizona. The tickets for the event are $25 and for more information go to the website which is homeworkhouse.org, or call (626) 969-7051. The address is 561 East 9h street, Apt. 3. Councilmember Rocha noted that this is the same date as the Azusa City Employee Recognition Dinner and spoke about the importance of a community calendar. Ms. Ginny Dadaian, Director of Human Relations at Azusa Pacific University, introduced students who are recipients of the Celebrate Azusa Nancy Moore Scholarship, Anna Padilla and Naomi Spanella, who said a few words to audience. Ms. Dadaian reminded all seniors that April 1" is the deadline for the Nance Moore Scholarship. Further that on March 20° Cal Grant verification forms are due. Also Present Public Part B. Baca Comments J. Rosales Comments City Mgr Comments B. Holman Comments A. Gaines comments G. Dadaian Comments Councilmember Carrillo congratulated the students for their achievements, he stated that Carrillo continues to challenge the University to encourage more scholarships. Comment 02/21/06 PAGE TWO Ms. Evelyn Kahn, Executive Director of the Azusa Chamber of Commerce and Ginny Dadaian of APU addressed Council regarding the creation of the Azusa Coordinating Council, a program which includes all non -profits, and service organizations to meet once a month to share programs and services offered to the community in order to deter overlapping services. They are paying dues and have a directory of the participants which will make available at library, the Downtown Business Association, Chamber and City Hall, next meeting is March 28`h, for more info call Chamber. Ms. Dadaian advised that she has been working with Planning on a monumental sign to advertise the program. Ms. Kahn announced that the Miss Azusa Scholarship and the Miss Azusa Outstanding Teen event will be held Friday, March 3`', at 6 p.m. at Citrus College. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Public Works Director/Assistant City Manager James Makshanoff presented a status report on the Pavement Management Program. He addressed concerns regarding the process stating that they have just finished year 3, stating that about 500/6 of the streets in the City are paved, and year 4 and 5 are coming up. He stated that he shares Mr. Rosales' concerns regarding the program and that he and the City Engineer will get together and evaluate the process, and come up with new ideas. He presented a power point presentation showing where pavement has been completed and what's to come in 06 and 07 years. He stated that Staff is committed to finishing the program, but, they want to check streets to see if some are deteriorated and need greater attention. He talked about the methodology; he stated that they are currently doing a chip seal with multiple layers involved and it gives a durable street with a hard surface, not smooth, durable surface with a great life span. Alternatives are the 2 layers systems which are durable and quicker to lie down and give a high quality road and it won't be as invasive to the residents. Mayor Pro -Tem Hardison questioned whether there is a plan to have Alameda Avenue stripped? City Engineer Scott responded stating that the history of that part of the street is not to stripe, it's a wide street, doesn't need to be striped, it appears that it should have a center line strip and he will be authorizing to strip. Mr. Makshanoff advised that they are thinking of repaving Alameda and Dalton with a smoother surface. Councilmember Rocha stated that he appreciates the global approach, that along with the repaving, trim trees, repair of sidewalks, repair of damaged curb and gutters and re -striping where appropriate, but he asked what the status the alleyways. Mr. Makshanoff responded that it would be brought back in the next budget year. Councilmember Carrillo asked what the strategy is for street paving. Mr. MakshanofPresponded stating that It's cheaper to take care of the streets that are in fair to good condition streets first because there is not much work to be done, but, that there are problem areas that need to be taken care of as soon as possible. City Engineer Scott responded stating that the current thinking and cost effective in public works is that you do the entire sector in sequence, one part of the city at one time, round robin, the street are in good shape and resurfacing is more effective; while with the shot gun approach, you are always trying to catch up. Councilmember Carrillo suggested that staff look at the section of Vernon between First street and Gladstone which are in bad condition. Mr. Makshanoff responded stating that he would, and that they are re-evaluating them and will come back with a report. Mr. Jeff Yann of Amigos De Los Rios addressed Council providing a presentation on the Emerald Necklace Accord. He stated that it is a 17 mile core loop which centers around the San Gabriel River with multipurpose trails, urban rivers in the basin and it's objective is to bring people back to the rivers with opportunities for exercise, to bring nature back in to the cities, to restore wildlife habitat, commuting via bike trails, and to create a learning environment, arel just a few. He noted some strategic locations such as Peck Park in EI Monte, the San Gabriel River Discovery Center, Encanto Nature Walk, Puente Largo Bridge, which are included in the Necklace and that six cities and the Rivers and Mountains Conservancy have signed the Accord and he also noted that most of the efforts of the Agencies are to seek grant funding. He then responded to questions posed by Councilmembers regarding the Corp of Engineers, private owners and easements. E. Kahn & G. Dadaian Comments Rpts/Updates Pub Wks Dir Makshanoff Update on Pavement Management Plan Discussion Cncl-staff Comments J. Yann Amigos De Los Rios Presentation Councilmembers Hanks expressed his appreciation to Interim Chief of Police Garcia as well as Hanks the Azusa Police personnel for their efforts to save a child's life. Comments Councilmember Rocha requested that the meeting be adjourned in memory of the following: Rocha Margarita Avila, Becky Navarette, Abraham T. Villa, Carl Gutierrez, and Trygve Syverstad. He Comments announced the following events: Miss Azusa, Miss Outstanding Teen on Friday, March 3' at Citrus College, UMAYPA 81" Annual Scholarship Dance at the Azusa Woman's Club, and the Saint Frances of Rome 100`" Year Celebration on March 11, 2006. Mr. Rocha read and article regarding the City of Glendora City Council blocking road and utility connection citywide into Glendora from neighboring cities. 02/21/06 PAGE THREE It also stated that the amendment to the City's General Plan eliminates the potential for traffic coming from the Monrovia Nursery property in Azusa and the proposed Canyon Oaks Development in San Dimas, both projects involving homes; Citrus and Sierra Madre were untargeted in the vote and emergency access is also an exception. Mr. Rocha asked If Leadora, Bennett, Mauna Loa, Carroll, will be closed off to Azusa to enter their city and if It Is legal to close off the streets into their city? City Attorney Martinez advised that they are still gathering information regarding the issue, but, that it may only apply to future connections not existing streets. He stated that they are reviewing the environmental documents mention throughout that it does not apply to the Rosedale Development as it was derived through a settlement agreement. He stated that staff is still trying to gather additional information regarding the Issue. City Manager Delach advised that a report on the matter will come back to Council. Mayor Chagnon advised that she delivered the State of the City Address, Cynthia Cervantes - McGuire delivered the State of the Schools Address and Ms. Rona Lunde talked about the Azusa Chamber of Commerce and that the public will now be able to review the Addresses on Charter Communications. This is the first time the Addresses will be broadcast on television. She stressed the importance of the messages be relayed to the community. She also advised of the planning of "City Hall On The Move" where plans are to take City Services out to the public. She announced the opening of a new business of Dr. Paul Evans, Evans Chiropractic located at 310 N. Citrus, Suite K, in Azusa. She then wished a very Happy Birthday to Councilmember Joe Rocha. Rocha Continued Chagnon Comments City Manager Delach advised that the Azusa Police Department has been actively at work on the CityMgr War on Graffiti and have made five arrests for felony graffiti, all persons are over 18 years of age Comment and no Azusa residents; 4 from La Puente and 1 from Pomona. SCHEDULED ITEMS Shed Items INFORMAL HEARING - on the Los Angeles County Fire Department Weed Abatement Protest Hrg Weed Hearing. Abatement The Mayor declared the Informal Hearing open. City Clerk read the affidavit of proof of Hrg open publication of notice of said hearing published in the San Gabriel Valley Tribune on February 10, 2006. ' Testimony was solicited, but none was received. Tstmy/none Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Carrillo and unanimously Hrg clsd carried to close the Informal Hearing. Moved by Councilmember Hanks, seconded by Mayor Pro -Tem Hardison and unanimously Abatement carried to approve the abatement order directing abatement of the nuisance by removing all Order Appvd weeds, and rubbish from the affected improved parcels. Moved by Mayor Pro -Tem Hardison, seconded by Mayor Chagnon and unanimously carried to authorize the City Manager to sign the Emerald Necklace Accord in order for the City of Azusa to become a participant among other municipalities and agencies of the San Gabriel Valley Region for the purpose of preserving the rivers and tributaries in the region for recreational, open space and native habitat conservation and restoration. Mayor Chagnon requested that staff attend the meeting regarding the Emerald Necklace Accord on Thursday, February 23, 2006. Director of Economic and Community Development Coleman addressed Council presenting clarification of the City's position regarding the need for mixed use development in the Transit Neighborhood 11 of Rosedale Project. He stated that the issue came about on a request by Councilmember Carrillo due to a proposal by Azusa Land Partners and William Lyon Homes for an all -residential project for that area, bounded in the south by the Metro Gold Line tracks, on Citrus Avenue, Promenade and Palm Drive. He stated that ALP suggested to staff that an all 'residential project would be permitted by the Specific Plan, but when staff reviewed the plan, in text and graphics, and project records It clearly indicated that the plan intended this area to be mixed use and that an all residential project would not be in compliance with the Azusa Specific Plan for the Monrovia Nursery Project. He cited the Citizens Congress, the preparation of the Specific Plan, the resolution, and the Specific Plan itself and stated that all did point to the expectation of a mixed use in that area. He also referred to the City Attorney's letter in which he stating that any proposed development in the Transit 11 Neighborhood that does not feature mixed use commercial and residential will require a Specific Plan Amendment. He talked about appropriate amount of commercial space in that area and reiterated staff's opinion that an all residential use would require an amendment to the Specific Plan. He answered questions posed by Councilmember Carrillo regarding appropriate retail and services. 02/21/06 PAGE FOUR City to joint SGV Region Emerald Necklace Accord B. Coleman Comments Councilmember Hanks questioned if there was a threshold of time period where if the railroad Councilmember didn't get developed that they could revert back to all residential. Project Manager Bruckner Hanks responded stating that it was for a parking structure, there was a time period in which the Councilmember developers were to set aside that land for the building of it. Councilmember Carrillo asked if Carrillo there a time frame for the development the area. Economic and Community Development questions Coleman responded that there was no time frame. CONSENT CALENDAR consisting of Items D-1 through D-9 was approved by motion of Mayor Consent Cal Pro -Tem Hardison, seconded by Councilmember Rocha, and unanimously carried with the Approved exception of D-1 and D-5 which were considered under the Special Call portion of the Agenda. '1. SPECIAL CALL ITEM. Spec Call 2. Human Resources Action Items were approved as follows: Human Res Merit Increase and/or Regular Appointment: E. Lorusso, A. Solis, E. Alaverdian, J. Adams, F. Action Items Miller, T. Patlogar, M. Arias, and A. Silva. Flexible Staffing Promotion: M. Bauer, Customer Service Rep II. 3. Approval was given for the contract amendment for Quantum Consulting, Civil Engineering Contract Amd Inspector on the Rosedale Project, increasing the project budget by $162,400. Quantum 4. Approval was given for the addition of the Gladstone Park Batting Cage Project to the Gladstone Bat 2005-2009 CIP list and appropriate $19,200 in Quimby Fees to the project. Cage add CIP 5. SPECIAL CALL ITEM. Spec Call 6. Application to the Edward Byrne Justice Assistance Grant Program (JAG), was approved JAG Appl. and the Grant is in the amount of $12,008. 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA SUPPORTING THE Res. 06 -CIO ADOPTION OF ASSEMBLY BILL 1844 (CHAVEZ). AB 1844 8. Approval was given for the Azusa Police Officers Association (APOA) contract dated August APOA Contract 1, 2005 through July 31, 2007, 9. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 06-C1 1 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO Warrants BE PAID. SPECIAL CALL ITEMS Spec Call Items Mayor Chagnon addressed the minutes stating that at the last meeting she neglected to pull the Chagnon item (minutes of January 23, 2006, special meeting) in order that they be amended to insert comments details via public comment: she asked that they be brought back to the next meeting with Min 1/23, and changes. City Attorney Martinez also noted that there was a typo on one of the Closed Session 2/6 amended Items description of the February 6, 2006 and asked that they also be brought) back with amendment. Councilmember Carrillo abstained on item D-1, as he was not present at the February 6th meeting. Moved by Mayor Chagnon, seconded by Mayor Pro -Tem Hardison and unanimously carried that Minutes be item D-1 minutes of the February 6, 2006 as well as the minutes of January 23, 2006, be Brought back brought back with noted amendments. amended Mayor Chagnon addressed item regarding bids and specification for the Pedestrian Breezeway Chagnon stating that she would like the actual plans for the breezeway, that there was a rendering that Comments specifically noted a name across the breezeway and wanted to know what it was and if the rest Breezeway of the Councilmembers were on board with it. City Manager Delach responded stating he would furnish her with the document. Moved by Mayor Chagnon, seconded by Mayor Pro -Tem Hardison and unanimously carried to Specs Ped approve the bids and specifications for the Pedestrian Breezeway Section 108 Project No. Breezeway D98992-98(600654-04). Approved THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 8:56 P.M. Convene CRA THE REDEVELOPMENT AGENCY ADJOURNED AND THE CITY COUNCIL RECONVENED AT Convene City 8:58 P.M. 02/21/06 PAGE FIVE THE CITY COUNCILRECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY CONVENED Convene APFA AT 8:59 P.M. THE CITY COUNCIL RECONVENED AT 9:00 P.M. Cncl convened It was consensus of Councilmembers to recess to Closed Session to discuss the following: CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6). Conf w/Labor Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiators Organizations/Employee: ACEA, APMA, AMMA, APOA, CAPP, IBEW, LABORERS, EXECUTIVE. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957) Pub Emp Title: City Manager Evaluation REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop 'Address: 18331 E. Foothill Boulevard, Azusa, CA 91702 Negotiations Negotiating Parties: Azusa Land Partners 18331 E. Agency Negotiators: City Manager Delach and Assistant City Manager Person Foothill Blvd Under Negotiation: Price and Terms of Payment PUBLIC EMPLOYEE DISCI PLINE/DISMISSAL/RELEASE (Gov. Code Sec. 549571 Emp Disc REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Real Prop Address: 100 W. Foothill Boulevard, Azusa, CA 91702 Negotiations Negotiating Parties: Ms. Mercy Moreno 100 W. Foothill Agency Negotiators: City Manager Delach and Assistant City Manager Person Blvd Under Negotiation: Price and Terms of Payment LIABILITY CLAIMS (Gov. Code Sec. 65956.95) Liab Claims Claimant: Rigoberto Torres v. City of Azusa Torres CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Gov. Code Sec. 54956.9 Conf w/Legal b (31). Significant exposure to litigation — Number of potential cases: 1 Counsel City Attorney Martinez advised that they do expect reportable action on at least one of the items City Attny and he provided additional information on Liability Claim re: Rigoberto Torres v. City of Azusa Comments and the Anticipated Litigation; he noted that there are existing facts and circumstances that are Re: Clsd Sess related to the liability claim and that involves a sewer backup incident that occurred on property located at 133 N. Pasadena Avenue, one claim has been received involving that issue and will be discussing potential future claims relating to the same incident. They do not expect reportable action involving that item. The City Council recessed to Closed Session at 9:00 p.m. and reconvened at 10:13 p.m. Recess/Rec City Attorney Martinez stated that in accordance with Government Code 54957.1 the Council City Attorney reports out the following from Closed Session: by a vote of 5-0, with all Council Members Reportable present, the Council denied the appeal of Michael Lorusso, Facilities Maintenance Supervisor for Action the City of Azusa and upheld the findings of the Personnel Board of the City of Azusa upholding his termination of employment. Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Hanks and unanimously to Adjourn adjourn in memory of Margarita Avila, Becky Navarette, and Abraham T. Villa, Carl Gutierrez, In memory and Trygve Syverstad. Of M. Avila, B. Navarette, A. T. TIME OF ADI URNMENT: 10:15 P.M. Villa, C. Gutierrez, and T. Syverstad CITY CLERK 'NEXT RESOLUTION NO. 2006-C12. NEXT ORDINANCE NO. 2006-01. UPCOMING MEETINGS: City Council Meeting, February 27, Utility Board Meeting, March 6, 2006, City Council Meeting, March 13, 2006, Special Council Meeting, and March 20, 2006, City Council Meeting. 02/21/06 PAGE SIX