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HomeMy WebLinkAboutMinutes - December 18, 2006 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 18, 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, 213 E. Foothill Blvd. CLOSED SESSION Mr. Jorge Rosales addressed Council inquiring why the City is interested in the property 850 W. Tenth, which is outside the Merged Redevelopment Area; he asked If it is owned Closed Session at Rosales or comments on leased by the City and for what use. With regard to the property at 975 W. Foothill, he closed session asked why price terms and conditions were being discussed when the property has been owned by the Redevelopment Agency since June 2006, and it included acquiring the lease of a business, a Night Club. (As amended at the January 2, 2007, City Council Meeting). City Attorney Martinez responded that under the Brown Act. It is not necessary to state City Attorney terms of negotiation, and it will be discussed in closed session. Response 'Mr. Art Morales welcomed everyone who was in attendance at the meeting. He expressed Morales concern for the bad publicity that has been made regarding 975 W. Foothill; asked If there comments on had been a bid process for the purchase of this property as well as 850 W. Tenth; suggested Closed session that the city keep 850 W. Tenth, and suggested that detailed Information be posted when dealing with properties. City Manager Delach responded that these properties are not on the market; however, there Delach are interested parties who wish to acquire them and Council needs to determine if these Response properties can be sold. City Attorney Martinez stated that under the Brown Act, they have to be listed under Gov Code Sec 54956 8 terms will not be discussed at this time; discussion will be limited Issues of interest. CEREMONIAL: Ceremonial The entire council presented a proclamation to Ms. Lizette Salas, of Azusa High School, CIF Proclo to L. Champion In Golf. Salas CLOSED SESSION (continued) Closed Sess The City Council recessed to Closed Session at 6:48 p.m. to discuss the following: Recess CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION (Gov. Code Sec. Conf w/Legal 54956.9(b)) 1 Potential Case Cnsl potent lit REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Address: 850 W. Tenth Street, Azusa, CA 91702 Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 850 W. Tenth Under Negotiation: Price and Terms of Payment Price & terms REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Address: 975 W. Foothill Boulevard, Azusa, CA 91702 Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 975 W Foothill Under Negotiation: Price and Terms of Payment Price & terms 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: APMA APMA Mayor Chagnon returned from Closed Session at 7:33 p.m. and announced that the property Chagnon at 850 W. Tenth is being discussed by Council and that she will abstain from the discussion Comments due to a conflict of Interest. The City Council reconvened from Closed Session at 7:42 p.m. City Attorney Martinez Reconvened announced that there was no reportable action taken in Closed Session, but that discussion. City Attorney regarding property located at 850 W. Tenth was not completed and will continue at the end Comments of the meeting, with Mayor Chagnon abstaining. Mayor Chagnon called the meeting to order and led In the Salute to the Flag. Cali to Order INVOCATION — Invocation was given by Reverend Eddie Velasquez of the jesus Is Lord Invocation Church. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALSO PRESENT: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NONE City Attorney Martinez, City Manager Delach, Assistant City Manager Person, Chief of Police Garcia, Director of Utilities Hsu, Electrical Test Technician Beterbide, Economic Development Director Coleman, Public Information Officer Quiroz, Library Director Tovar, City Clerk Mendoza, Administrative Technician Hernandez. CEREMONIAL (Continued) The entire council presented a certificate to Mr. Arthur Granados, Chief Petty Officer, U.S. Navy, recognizing him for his services in the military. The entire council presented a certificate to Mr. Larry Havice, Combat Engineer, U.S. Army, who is home from Iraq to visit his family, for his service in the military. PUBLIC PARTICIPATION California State Assemblyman for the 57th District Ed Hernandez, addressed Council wishing everyone happy holidays and commended Council for recognizing the two military men. He announced that part of his work plan, is to attend, or his representative, the council meetings to give updates on legislation issues. He introduced his representatives, Rod Charles, District Director, and Jorge Marquez, Field Director. He announced that invitations will be sent out to all Councilmembers and City Managers, of cities within his district, inviting them to a local government summit to be held January 20, 2007, at the City of West Covina Council Chambers from 9:00 a.m. to 3:00 p.m. The purpose of the summit is to address Issues and discuss potential legislations. He announced his new address: located at 152 W. Cameron Ave., Suite 165, W. Covina; they will be moving in mid January; invitations will be sent out for open house. Roll Call Also Present Ceremonial Cert A. Granados Cert L. Havice Public Part Assemblyman Ed Chavez Introduced himself Mr. Mike Lee addressed Council wishing everyone Merry Christmas and a Happy New Year, Mr. Lee wished good luck to all candidates; thanked Assemblyman Dr. Hernandez for being present Commented at the meeting.; expressed concern on the right of free speech for all; stated that he would Tike to see more people vote in Azusa and thanked veterans and Mayor Pro -tem Rocha for the work they do for veterans. Mr. Robert Gonzales addressed Council wishing everyone a. Merry Christmas; thanked Mark R. Gonzales Martinez, baseball coach at Azusa High School, who donated toys for the kids program, Comments 'which will be distributed next Friday, and also thanked Mayor Pro -tem Rocha for letting him be part of this program. He encouraged residents to donate toys; they can be turned to the Parks and Recreation Department. Some toys are donated after the distribution, but they are stored for the following year. He concluded by wishing the candidates good luck on their campaign. Ms Andrea Cruz asked if the City is the defendant on the Potential Litigation Closed Session A,Cruz Item. She reported a broken window at a business posted with a "yes" sign on Proposition Comments 90 at the November election, and requested it be replaced. She noted that 1500 Azusa voters were removed from the voting rolls since the last City election, and she is corresponding with the County regarding the matter. 12/18/06 PAGE TWO She announced her candidacy for Council, and based it on downgrading of Azusa parcels A. Cruz and property rights being dismissed. She asked that the City make an effort to relocate Continued employees Ranch Market. She stated that the relocation of Wimpey's will be expensive and asked why the General Fund was different than the last reported. City Attorney Martinez responded to question regarding Closed Session Item and Its posting Martinez and that it's to discuss significant exposure against the City/Agency by a potential party. Comments Specifically In this case, there are facts and circumstances which may result in litigation against the City but are yet unknown to that potential party. 'Ms. Yolanda Pena addressed Council inviting all to her home on December 20th; where a Y. Pena celebration of the 4`h Annual Christmas Parry will be held for the community. Children from Comments Murray school will be attending and she thanked Irene and Mike Esquivel of La Flor de Mexico for donating 300 toys to the party, and Paul Naccachian who donated 300 cookies. She also thanked Mayor Pro -tem Rocha and Mr. Gilbert Becerril for sending a package to her niece, Valerie Marquez, who has been in Iraq since September. She wished all a Merry Christmas. Mr. Art Morales welcomed everyone In attendance at the meeting and people at home and A. Morales wished all a Merry Christmas and Happy New Year. He asked everyone to think of the Comments troops and their families, and the homeless. Mr. Jorge Rosales addressed Council regarding Item C-2, thanking Azusa Citizens Committee J. Rosales for Code Compliance on their efforts in putting this report together. He pointed out that the Comments commercial vehicles item, was not discussed by the committee, in which Council took a different approach. He pointed out that on item C-3, travel reimbursement is not being addressed; if this reimbursement is not on the budget, It should not be allowed, and questioned what does car allowance entails. He stated that he believed that on Item B-5, the new position of controller is a duplication of a position. Mr. Jesse Butanda expressed his concern regarding closed session Item on employee J. Butanda negotiations, requesting that additional Information be on posted so that the public can Comments understand what Is being negotiated with employees. REPORTS. UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Mayor Chagnon addressed the meeting welcoming all candidates. In terms of decorum, she stated that the Council is dedicated to being professional, and meetings will be conducted according to rules of decorum, any inappropriate behavior or comments will not be allowed and will be stopped. The current council will not use the dais to campaign, and all candidates are to submit their requests for documents through the City Clerk's Office, so that they can be responded to accordingly. A workshop on an evaluation of the city manager was held last week, and the Council unanimously agreed that the work pian currently in place Is a good one and will stay on at least until after the election. New Items will not come forward until after the election. She stated that Council, Commissioners and designated Staff are required to attend an Ethics training, which is being approved tonight, and this is a training to help all comply with the law in conducting meetings. Mayor Pro -Tem Rocha, upon a request from some resident, inquired on the regulations of the City of Baldwin Park Yard Sale Regulations. Baldwin Park allows 4 yard sales a year on Saturday and Sunday from 8 a.m. to 6 p.m., on the first week end of the months of March, June, September and December. This schedule helps their Code Enforcement Department attend to other issues. These are regulations that can be considered for Azusa in the next fiscal year. He thanked Knights of Columbus for recognizing the efforts of Police Officers and Fire Personnel and thanked Councilmember Hardison for coming up with the Idea 9 years 'ago, to start a citywide food drive. It has been a success since then, In which the School District has worked in partnership with the City, and Christbridge Church has also joined In the effort. All Items collected by the drivers, are taken to the food bank in Saint Frances of Rome Church and distributed to the needy. He thanked those, including a lady from Florida who heard about the cause and donated silly string to help keep serviceman safe in Iraq. He also thanked coach Mark Martinez for collecting toys for the needy, and wished all a peaceful Merry Christmas. 12/18/06 PAGE THREE Rpts/Updates Mayor Chagnon comments Mayor Pro -tem Rocha Comments Councilmember Hanks wished all a Merry Christmas and a Happy New Year. Councilmember Hardison addressed the yard sale permit Issue and stated that the Baldwin Park Yard Sale Regulations are a good Idea to be implemented In Azusa, and that this Issue could be brought back in June for consideration. He wished all a Merry Christmas and a Happy New Year. Councilmember Carrillo wished all a Merry Christmas and a Happy New Year. City Manager Delach, gave an update on the Historical Museum repairs that are being done, which include termite remediation, windows repaired, as well as the door. All other repairs should be done soon. Mr. Paul Naccachian, Chairman of the Human Relations Commission, and Ms. Marty Villanueva, Human Relations Commissioner, addressed Council to announce the 5th Annual Hands Across Azusa event on Sunday, January 14, 2007, in front of CityHall, from 1:30-3:30 p.m. Two marches are being organized along with the event; one will originate Azusa Pacific University (APU) campus Addams Field, and one at Faith Temple Church at Cerritos; they will start at 12:30 p.m., and will proceed to City Hall. He provided a brief description of the program, which is to honor Dr. Martin Luther King, Jr. and emphasize on the Importance of the civil rights movement. The event is structured to encourage people to be themselves, spread the love and embrace diversity. The event will be a tribute to Mr. Bayard Rustin, who was instrumental In the Civil Right's Movement. There was a contest with children in which they were asked to engage In one of the 6 acts of kindness and report to the Commission on their experience in doing it. He requested authorization and assistance in placing banners announcing the event. Hanks comments Hardison Comments Carrillo Comments Delach Museum repair P. Naccachian Hands Across Azusa Event Discussion was held among Council and Commissioners regarding the commission's Discussion compliance with regulations in conducting the march and placing the banners. Council requested that the commission check with staff to insure compliance with city policy. SCHEDULED ITEMS Councilmember offered an Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED APPENDIX TO THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 Move by Councilmember 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 Sched Items Res. 06-C 124 Amend Conflict of Interest Code Councilmembers addressed item regarding the report on Code Compliance, asking Azusa Com - questions on attended display signs, which are human operated, RV permits for visitors, and mittee Code the direction and approval from the City to perform a Capital Improvement Project on Compliance properties for the purpose of parking and storing RV's. Mayor Chagnon stated that the report being presented, does not Implement any of the Chagnon recommendations, and it will be considered as a working document. The request is to comments accept the report to be reviewed and revised accordingly. Council will be meeting with staff for further discussion on this report. After additional comments by each Councilmember, it was consensus to accept the report Report on Code from the Azusa Citizens Committee For Code Compliance for review and analysis by the Compliance appropriate staff in order to determine the applicability and feasibility of the report's recommendations. City Attorney Martinez introduced the Item regarding the report on Compliance with City Attorney Assembly Bill 1234 ("AB 1234"), giving a brief summary. He referred to Recommendation Compliance Number 2 of the report, to direct staff to make a correction to certain commission agendas with AB 1234 and minutes to comply with the Brown Act, to add language concerning disability accessibility to meeting and encourage the commissions to focus more on Brown Act compliance. 12/18/06 PAGE FOUR Councilmember Hanks addressed the item stating that a review of the all commissions was conducted and based on the report, the Commissions have done a good job in complying, but they can improve on their practices. He requested that the Commissions work together with the City Manger and City Clerk for the posting of their agendas. Mayor Pro -tem Rocha addressed the Travel Policy portion of the Item asking that meal reimbursement be reduced from $80 per day to $65. Councilmember Hanks responded stating that he believes the amount is appropriate, it depends on the situation and that it should be approved by City Manager. Mayor Pro -tem Rocha continued and requested that employees who attend conferences present a report to the department Head and the City Manger could include It in the weekly report to Council. 'Councllmembers requested that City Attorney work on the language to add ro the report regarding a report of attendance at conferences, and bring it back for discussion and approval, and to amend item number 2, to add that all posting of Commission agendas go through the City Clerk's Office to insure compliance of the Brown Act and accessibility to the public. Councilmember Carrillo suggested that a standard template be set up for these agendas. Moved by Councilmember Carrillo, seconded by Mayor Chagnon to approve the following Items on the report to Council regarding compliance with Assembly Bill 1234 ("AB 1234"); Mayor Pro -tem Rocha voted no on Section IV -C of the report regarding Meal Reimbursements: 1. Direct staff to receive and file the City Attorney's report on AB 1234 compliance. 2. Direct staff to make corrections to City Commisslon'agendas and minutes to comply with the Ralph M. Brown Act and address the concern about accessibility to Human Relations Commission documentation. Council added the following: Direct Staff to have all Commission Agendas go through the City Clerk's Office for posting and create a template for each commission for the final format. 3. Direct the City Manager to issue a memorandum to staff reminding them of the ethics laws prohibiting the improper use of city time or resources for personal or non -city purposes. 4. Adopt the proposed travel and reimbursement policy pursuant to the requirements of AB 1234. 5. Schedule a date to agendize the proposed ordinance regarding payment of special rewards. 'Moved by Mayor Pro -tem Rocha, seconded by Councilmember Hanks, and unanimously carried to approve a one year extension of the Electrical Distribution Franchise to the Southern California Edison Company ("Edison" or "SCE") with the Issuance of a letter of agreement to Edison, stating that while the City is in the process of considering a new one- year Electrical Distribution Franchise ("Franchise"): (a) The City will continue to allow Edison to provide existing franchise services to City customers under the 1956 Franchise Agreement, which expires on December 28, 2006; and (b) Edison will continue to pay the City the franchise fees agreed to in the expired 1956 Franchise Agreement while the application for a new one-year Franchise Agreement Is being considered. Assistant City Manger Person addressed item regarding the Memorandum of Understanding with the Water Conservation Authority (WCA) for the use of the Taylor Property, explaining that this memorandum would benefit both parties, and the WCA would be in charged of maintaining the property. He then Introduced Ms. Jane Beesley from WCA who informed council that the site will be cleaned up as soon as possible, In order to start a River Wilderness Park. Hanks comments Rocha comments . Hanks response Council Comment Report on AB 1234 Approved As Amended Extension one year elect Dist SCE R. Person Taylor Property Mayor Chagnon requested additional language be added to the Memorandum, to that the Chagnon City will assist only in emergency situations. Comments Moved by Councilmember Hardison, seconded by Councilmember Hanks and unanimously Approve MOU carried to approve the Memorandum of Understanding (MOU) between the Water Water Cons. 'Conservation Authority and the City of Azusa for the purpose of allowing the use and Authority Taylor management of the Taylor Property (APN8684-027-007). Prop Councilmember Hardison offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING Code Amend AZUSA MUNICIPAL CODE CHAPTER 18, BUSINESS, ADDING SECTION 18-31 TO PROHIBIT Prohibit IN ALL ZONES THROUGHOUT THE CITY USES OR OPERATIONS THAT CONTRAVENE STATE Medical OR FEDERAL LAW. Marijuana Dispensaries 1" Rdg Ord 12/18/06 PAGE FIVE Moved by Councilmember Hardison, seconded by Councilmember Hanks and unanimously carried to waive further reading and Introduce the proposed ordinance. The CONSENT CALENDAR consisting of Items D-1 through D-8, was approved by motion of Consent Cal Mayor Pro -tem Rocha, seconded by Councilmember Carrillo and unanimously carried. Appvd 1. Minutes of the special meeting of November 27, and the regular meeting of December Minutes 4, 2006, were approved as written. 2. Human Resources Action items were approved as follows: HR Action Merit Increase and/or Regular Appointments: E. Alaverdian, Building Inspector; H. Items ' Quintero, Senior Accountant. New Appointments: L. Gonzales, Recreation Coordinator. Flexible Staffing Promotion: M. Bertelsen, Police Officer to Police Sergeant. Separation: G. Brown, Police Sergeant. 3. The Professional Services Staffing Agreement for temporary personnel with Library Agmnt Library Associates, a Los Angeles area based agency providing specialized library services, was Assoc. Library approved. temp staff 4. The new classification specification for the position of Executive Assistant/ New class Exec Administrative Services Department, pursuant to the City of Azusa Civil Service Rules Asst Admin Section 3.3 and 3.7, along with recommended salary range, was adopted. Svcs Dept 5. The new classification specification for the position of Controller, pursuant to the City New class of Azusa Civil Service Rules Section 3.3 and 3.7, along with recommended salary range, Controller was adopted. 6. The communications plan regarding the installation of "No -Parking" signs throughout No -Parking the City in regard to street sweeping was approved, and staff was directed to work signs re street with Athens Street Sweeping to establish a street sweeping program that is beneficial to sweeping the City of Azusa. ' 7. The following resolution was adopted and entitled: A RESOLUTION OF THE CiTY COUNCIL OF THE CiTY OF AZUSA, CALIFORNIA, Res. 06 -Cl 25 APPROVING A PROCLAMATION/RECOGNITION AWARDS POLICY. Proclo policy 8. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 06-C126 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS None THE CiTY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 9:27 P.M. THE CiTY COUNCIL RECONVENED AT 9:29 P.M. ORDINANCES/SPECIAL RESOLUTIONS Councilmember Hardison offered an Ordinance entitled: 'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA ADOPTING AND APPROVING A STATUTORY DEVELOPMENT AGREEMENT AND OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE CITY OF AZUSA AND JAR UNIVERSITY COMMONS, LLC Move by Councilmember Hardison, seconded by Councilmember Hanks, 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 12/18/06 PAGE SIX Special Call None Cncl Recessed CRA Continue Cncl. Rcnvnd ORD/RESOS. Ord. 06-013 Appvg Statutory Dev Agmt S. OPA JAR University Commons, LLC Councilmember Hardison offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADOPTING AND APPROVING A ZONING ORDINANCE AMENDMENT - DEVELOPMENT CODE TEXT AMENDMENT ZCA-222 AND ZONE CHANGE Z-2006-01 FOR THE FOOTHILL CENTER MIXED USE PROJECT, LOCATED AT THE SOUTHWEST CORNER OF ALOSTA AVENUE AND CITRUS AVENUE Move by Councilmember Hardison, seconded by Mayor Pro -tem Rocha, 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 THE CITY COUNCIL RECESSED AND UTILITY BOARD CONVENED AT 9:35 P.M. THE CITY COUNCIL RECONVENED AT 9:37 P.M. Ord. 06-04 Appvg Zoning Code Amend - Dev code Text for the Foothill Center Mixed Use Project Cncl Recess UB Convene The City Council recessed to Closed Session at 9:37 p.m. to continue discussion on the Recess to following Item. Mayor Chagnon abstained from any participation due to a Conflict of Closed Session Interest. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Real Prop Address: 850 W. Tenth Street, Azusa, CA 91702 Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 850 W. Tenth Under Negotiation: Price and Terms of Payment Price &terms The City Council reconvened at 10:00 p.m. City Attorney Martinez announced that there was Cncl Convene no reportable action taken In Closed Session. It was consensus of Council to adjourn the meeting. TIME OF ADJOURNEMENT: 10:00 P.M. (�- /--e,�a:::L CITY CLERK NEXT RESOLUTION NO. 2007-C]. NEXT ORDINANCE NO. 2007-01. 12/18/06 PAGE SEVEN Adjourn