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HomeMy WebLinkAboutMinutes - January 2, 2007 - CC11 CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 2, 2007 - 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 Mayor Chagnon administered the Oath of Office to the following new Police Officers: Seth Chapman, Nick Covarrublas, Christopher Grant, and Jesus Qesse) Landa, Brandon Saenz and Roland Martinez. She also administered the Oath of Office to Sergeant Xavier Torres and Sergeant Michael Bertelsen who were promoted. CLOSED SESSION The City Council recessed to Closed Session at 6:49 p.m. to discuss the following: Ceremonial Closed Sess CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Gov. Code Sec. 54946 (a)Conf w/legal Case name: Richard Stanford v. City of Azusa, Case Number: Superior Court of the State of Counsel California - Case No. KC 048062 Mayor Chagnon abstained from the following due to a Conflict of Interest. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Property Address: 110- 190 West Ninth Street, Azusa, CA 91702 Negotiating Parties: Watt Genton (correction) not Weiss Family Trust Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment Chagnon abstained Real Prop Neg 110-190 W. Ninth Street Watt Genton The City Council reconvened at 7:34 p.m. City Attorney Carvalho advised that there was no Reconvened 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 by Chief of Police Garcia ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALSO PRESENT: HARDISON, CARRILLO, HANKS, CHAGNON ROCHA City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Chief of Police Garcia, Director of Utilities Hsu, Director of Public Wor]WAssistant City Manager Makshanoff, Economic Development Director Coleman, City Treasurer Hamilton, Public Information Officer Quiroz, Chief Financial Officer I(reimeier, City Clerk Mendoza, Deputy City Clerk Toscano. Invocation Roll Call Also Present PUBLIC PARTICIPATION Public Part Mr. Jorge Rosales addressed the Closed Session item on the agenda, Richard Stanford vs. J. Rosales City of Azusa, stating that in attempting to obtain public Information he visited the Superior Comments Court web site to access information on the civil matter and that the subject deals with a breach of contract and that there is a potential court case on April 23rd, and he believes it's an ex city council member and wonder why he is suing the City of Azusa. City Attorney Carvalho advised that there is a correction to the Closed Session Real Property Negotiation item and that the Negotiation part was with Watt Genton and not Weiss Family Trust. She responded to Mr. Rosales question stating that both the Tort Claim and Lawsuit 'filed by Mr. Richard Stanford, a former City Council Member, are public documents and are available, via a public records request to obtain from the City Clerk's Office. Mr. Mike Lee expressed sorrow over a soldier from Glendora who was recently killed In Iraq. He commented on the Democrats taking over, the Christmas Party at Yolanda Pena's home and toys donated to the Food Bank held at Lee schools and wished all candidates good luck. Mr. ICanayochulcwu Nnorjk detailed an incident that occurred when his vehicle was towed away on December 20". He noted that Freeman's Tow did the towing, he was referred to Police Department for a release of which then required payment, his vehicle had a broken tall light, and problems he encountered when trying to obtain answers to his questions and concerns. Mayor Chagnon referred him to the City Manager and Chief of Police In order to explain the documents and to receive answers to his questions. Ms. Andrea Cruz addressed Council stating questions regarding Council voting record should not being considered as personal attacks. She asked if recognition was given to the three businesses which have left the downtown area since Starbucks and Cingular were opened and expressed her views on business competition. Lastly, she talked about the price difference between Athens roll off bins and Western Disposal, stating she should not be limited to a single disposal company. City Attorney Response and Comments M. Lee Comments R. Nnorji Comments A. Cruz Comments Mr. Robert Gonzales announced that the Azusa Boxing held a car wash on Friday, December R. Gonzales 22nd, and are raising funds to send three kids from Azusa to attend and participate in a Comments 'Boxing Tournament in Puerto Rico. He stated that there will be one more car wash fundraiser on Saturday, January 6, from 9 a.m. — 3p.m. at the VFW and if anyone wished to donate they can contact Marina Rodriguez at (626) 824-0753. Mr. Jorge Rosales submitted questions in writing on items D-1, the minutes of December J. Rosales 18&' and D-3, the purchase of padmount switch back-up for Rosedale. He advised that he Comments attended two fabulous events over the Holidays, one on December 20" the Pefias Christmas, and on December 22"d, at Lee School; over a hundred parents picked up toys donated for their children for Christmas; he displayed pictures of the events for all to see. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates . City Attorney Carvalho requested that item C-3, proposed ordinance for commercial vehicle City Attorney parking regulations, be removed from the agenda and be brought back in early February. She Comments stated that she has received numerous questions regarding the Issue. It was consensus of Item C-3 the City Council Members to remove the item from the agenda. removed Mayor Chagnon noted corrections on item D-2, effective dates of promotion which is Chagnon January 3, 2007 and also corrections to D-1, minutes which were submitted in writing by Mr. Comments Rosales. 'Councilmember Hardison wished all a Happy New Year and shared his experience working Hardison with the Marines on the Toys for Tots Drive. Comments Councilmember Carrillo wished all a Happy New Year and congratulated the residents and Carrillo Azusa Police Department in helping to eradicate the graffiti issue. He noted that taggers Comments were out at several areas of the city, but that over sixty arrests were made. Mayor Chagnon thanked all local organizations for making it a great holiday. She noted Chagnon Mayor Pro -Tem Rocha was absent and wished him a Happy New Year. She asked her Comments colleagues if they would like to donate $100 to the Azusa Boxing Club to send boxers to Puerto Rico. 01/02/07 PAGE TWO Moved by Councilmember Carrillo, seconded by Mayor Chagnon and unanimously* carried Item of subse- that an item of subsequent need has arisen regarding the donation to the Azusa Boxing Club Quent need and that it be added as item D-6 on the Consent Calendar. Sponsorship SCHEDULED ITEMS Sched Items PUBLIC HEARING - Community Development Block Grant (CDBG) 33' Year Program (FY Pub Hrg 2007/08). CDBG The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of Hrg open publication of notice of said hearing published In the Azusa Herald on December 21, 2006. 'Economic Development Director Coleman addressed the Hearing stating that staff Is B. Coleman recommending approval of funds for various public service and non public service projects. Comments He stated that out of a total of approximately $649,000 funds available for projects, approximately $556,000 is available for non-public service project and e.pproximately $95,500 for public service project which Is a 15% cap on public service projects. For the non public service component there is a requirement that funds be allocated towards the repayment of the Section 108 Loan. He stated that the 15% public service cap amount is $93,531 and staff has received requests for $152,000, which exceeds the funds available. He thanks Roseanna Jara, Senior Analyst of the Redevelopment Agency for all her hard work on the Item. Ms. Abigail Gaines Executive Director of the Homework House providing a brief history of A. Gaines the Homework House and how the CDBG funds have been a great support. She talked Homework about the progress of the programs, the Increase In learning sessions, the addition of a House second location and the benefits to the low Income residents of Azusa. She added that there is also the addition of parenting and marriage counseling classes. Ms. Diane Smoot of Santa Anita Family Services addressed the public hearing thanking the D. Smoot City for current funding which they have been receiving since 1989; she talked about the Santa Anita benefits it provided at the Senior Center, which In addition to senior services, Includes care Family Svs givers, etc. 'Mr. Jimmy Kileck of Cory's Kitchen addressed the hearing providing statistics of how Cory's J. Kileck Kitchen helps the residents of Azusa by providing food and gifts to over 465 families of Cory's Azusa during the last year. He noted that he has kept a computer record of the people they Kitchen serve and asked that the City consider their request for funds. Mr. Jorge Rosales advised that he submitted questions in writing and received answers as J. Rosales which are in summary as follows: City received notification of CDBG 07/08 funds on Comments November 5, 2006, and non profit organizations who formerly expressed an interest were notified of the availability on November 21, 2006 via e-mail. He didn't receive an answer to whether a NOFA was published in any paper and available to anyone else other then those who had expressed interest, why a 10% administrative amount being considered, since only half is to pay for the 108 loan, why not leave level of funding for the After School Program and allow funding ESGVCH and Love, and reduce Sr. Nutrition Program. He expressed that he is in favor of Homework House of which 50% funds are being cut, and stated that he hasn't seen any money allocated to low Income or to the homeless. Director of Recreation and Family Services Jacobs addressed the hearing affirming that the ].Jacobs funding level recommendation Includes the two new schools. He stated the After School Comments programs is very successful, It makes sure children are on site at school; he stated that Lee and Gladstone Street schools have petitioned for Inclusion in the program for years and that he is grateful for the recommendation. 'Dr. Ursula Rosales, Principal of Charles Lee elementary school in Azusa, expressed thanks for U. Rosales considering the recommendation of providing tutorial for students and she thanked all the Lee School families who showed their support, Mr. Joe Dominguez, Teacher and Coach of the Track Team at Lee school addressed the J. Dominguez Hearing stating that he and his sons were Mayor Pro -Tem Rocha's students, that the After Comments School Program would really benefit their school. He talked about the benefits of the program. Councilmember Carrillo asked, to Spanish, if any Spanish speakers would like to address the Carrillo Hearing and provide input. Comments 01/02/07 PAGE THREE Mr. Mike Lee addressed the hearing stating that there are over 1500 homeless children in M. Lee Azusa and would like to see something done about it; he suggested the money being used Comments on the war be used to help the families. He stated that as a resident would like to see something done this year, Ms. Pamela Vera addressed the hearing in speaking in favor of Homework House; she stated P. Vera that it's a brilliant light in the neighborhood and that it grieves her heart that they don't have Comments enough money. Moved by Councilmember Hanks, seconded by Councilmember Hardison and unanimously* Hrg closed carried to close the Public Hearing. 'City Manager Delach responded to question reiterating 15% cap used for public service in City Mgr the amount of $93,531 which cannot be changed; he noted that the Federal Government Response has cut back on CDBG funds during the past few years. He explained the Single Family Housing Rehabilitation Program which can be applied at through the Community Development Department, and the Code Enforcement Program which can be used In the Block Grant area only. He later added that staff reduced City's demand on limited resources by $5,000, by not recommending funding the Graffiti Program. Economic Development Director Coleman responded also stating that the Section 108 Loan B. Coleman Is an obligation that the City has in order to repay for the downtown streetscape program Response which was an advance from the County. With regard to Administration there are various obligations by staff to monitor Davis Bacon compliance, financial monitoring, reports, memorandums of understandings, etc. Counciimember Hardison offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE Res. 07-C1 STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND SELECTING PROJECT FOR CDBG Projects FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRAND PROGRAM FOR FISCAL 33`dYear YEAR 2007-08. 'Moved by Counciimember Hardison, seconded by Counciimember Hanks 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: NONE ABSENT: COUNCILMEMGERS: ROCHA Counciimember Hardison offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ACTING FOR Res. 07-C2 ITSELF AND BEHALF OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 (ROSEDALE), Issuance of AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS WITHIN Bonds within IMPROVEMENT AREA NO. t OF THE DISTRICT, APPROVING THE FORM OF BOND Area No. 1 of . INDENTURE, PAYING AGENT AGREEMENT, BOND PURCHASE AGREEMENT, PRELIMINARY CFD No. 2005 - OFFICIAL STATEMENT AND OTHER DOCUMENTS RELATING THERETO AND AUTHORIZING 1 (Rosedale) CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS. Moved by Counciimember 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, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMGERS: ROCHA It was consensus of the Councilmembers that item C-3, regarding a proposed ordinance Prop Ord AMENDING AZUSA'S COMMERCIAL VEHICLE PARKING REGULATIONS, was removed from Veh Pkg the City Council agenda with a tentative date for return at the end of February. REMOVED The CONSENT CALENDAR consisting of Items D-1 through D- 6 was approved by motion of Consent Cal Councilmember Hardison, seconded by Councilmember Carrillo and unanimously carried Approved with the exception of item D-6, the Item of subsequent need, which was considered under the Special Call portion of the agenda. Item D-1 was amended as .noted earlier in the meeting as well as Item D-2, of which dates were corrected. Minutes of the regular meeting of December 18, 2006, were approved as written. Min appvd 01/02/07 PAGE FOUR 2. Human Resources Action Items were approved as follows: HR Action New Appointments: C. Ramirez, Police Dispatcher and J. Saathoff, Building Inspector. Items Promotion: J. I(imes, Police Corporal, J. Sandoval, Police Corporal and R. Schmidt, Police Corporal. 3. The purchase of one dead -front, air insulated padmount switch as back-up for the Purchase Rosedale Development project was approved In accordance with Section 2-511 under Padmount Article VII, Bidding and Contracting, of the Azusa Municipal Code, titled "Alternative Switch Purchasing Procedure". A Purchase Order in an amount not to exceed $11,813 Rosedale Dev Including sales tax and freight charges, to Federal Pacific of Bristol, VA, was approved. 4. City Treasurer's Report as of November30, 2006, was received and filed. City Treas 5. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 07-C3 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. 6. SPECIAL CALL ITEM SPECIAL CALL ITEMS Spec Call Spec Call Items Councilmember Hardison commented on the Item regarding the $100 donation to the Azusa Hardison Youth Boxing In order to send boxers to compete in Puerto Rico, stating that although Its not Comments his preferred thing, it keeps kids off the street; he then made a motion to approve the $100 donation, seconded by Councilmember Carrillo and unanimously* carried. THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 8:55 P.M. CRA convened THE CITY COUNCIL RECONVENED AT: 9:25 P.M. Cncl rcnvnd Councilmember Hardison offered an Ordinance entitled: Ord. 07-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING Prohibit 'AZUSA MUNICIPAL CODE CHAPTER 18, BUSINESSES, ADDING SECTION 18-31 TO Marijuana PROHIBIT IN ALL ZONES THROUGHOUT THE CITY USES OR OPERATIONS THAT Dispensaries CONTRAVENE STATE OR FEDERAL LAW. Moved by Councilmember Hardison, seconded by Councilmember Carrillo to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMGERS: ROCHA UPCOMING MEETINGS: January 16, 2007, (Tuesday) City Council Meeting - 6:30 p.m. January 22, 2007, Utility Board Meeting - 6:30 p.m: February 5, 2007, City Council Meeting - 6:30 p.m. February 20, 2007, (Tuesday) Council Meeting - 6:30 p.m. Moved by Councilmember Hardison, seconded by Councilmember Carrillo and unanimously* Adjourn carried to adjourn. TIME OF ADJOURNMENT: 9:27 P.M. CITY CLERK NEM RESOLUTION NO. 2007-C4. NEM ORDINANCE NO. 2007-02. * Indicates Rocha absent. 01/02/07 PAGE FIVE