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HomeMy WebLinkAboutMinutes - March 19, 2007 - CC1 CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, MARCH 19, 2007 — 6:30 P.M. The City Council of the City of Azusa met in regular/special session at the above date and time in the Azusa Auditorium. Mayor Chagnon called the meeting to order. Call to Order The Azusa High School JROTC posted the colors and led in the Salute to the Flag. Flag Salute INVOCATION was given by Pastor Daniel Simonson of Chrlstbridge Immanuel Valley Church Invocation ROLL CALL PRESENT: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON Roll Call ' ABSENT: COUNCiLMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Azusa Police Chief Garcia, Director of Public Works Makshanoff, Economic Development Director Coleman, Tierra West Consultant Jose Ometeotl, City Treasurer Hamilton, Director of Recreation and Family Services Jacobs, Library Director Tovar, Library Adult Service Supervisor Shashsavari, Director of Administrative Services/Chlef Financial Officer Kreimeler, Director of Human Resources Hanson, Assistant Community Development Director Onaga, City Cleric Mendoza, Deputy City Cleric Toscano. Mayor Chagnon offered a Resolution entitled: Res..07-C20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, RECITING Reciting Fact THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN THE CITY ON MARCH 6, 2007, Of Election DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY THE PROVISIONS Results OF LAW. 3/6/07 Gen Muni Elect Moved by Mayor Chagnon, seconded by Councilmember Hardison and unanimously carried to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: 'AYES: COUNCILMEMBERS: HARDISON, CARRiLLO, HANKS, ROCHA, CHAGNON, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCiLMEMBERS: NONE Mr. Hardison addressed Council and audience stating that it has been a pleasure serving the Hardison community of Azusa for the past thirteen years. Comments Mrs. Chagnon addressed Council and audience noting the many positive things which took Chagnon place In her tenure on the City Council such as meeting her husband, and having a son. She comments talked about the firsts on Council; she was the youngest members of the Council, elected to three consecutive terms which she stated will be part of history. She expressed her appreciation to those she met while serving on the Council; from City Manager to fine employees and thanked staff, employees and her family, with a special thanks to Fran Delach, City Manager and Sonia Carvalho, City Attorney. City Manager Delach and Mr. Hardison presented a proclamation to Mrs. Chagnon from the Presentations City of Azusa. Mr. Bill Baca, representing Senator Gloria Romero, presented Mrs. Chagnon To Mrs. with a Certificate of Appreciation from the Senator and Ms. Mary Mcl(enrick of the Azusa Chagnon Chamber of Commerce presented her with a plaque expressing their appreciation. Reverend Gilbert Becerril of the Pathfinders Outreach administered the Oath of Office to Oath of Office newly elected Mayor Joseph R. Rocha and newly elected Councilmember Uriel E. Macias. Rocha/ Macias Pastor Samuel Martinez of Christian Faith Center of the Valley administered oath to Angel A. Oath to Carrillo Carrillo. ' The City Council recessed for light refreshments at 7:25 p.m. The City Council reconvened at Recess 8:00 P.M. Reconvene The Flag salute was led by Mr. Art Morales and Mr. Mike Lee, community members. Flag Salute Invocation was given by Reverend Gilbert Becerril of the Pathflnders Ministry. Invocation Mayor Rocha requested to the City Clerk's Office that the Rules of Decorum be placed on Rocha Public Participation cards and that the cards be numbered. Requests PUBLIC PARTICIPATION Pub Part Mr. Greg Ahern addressed Council suggesting that they work together as a cohesive Council. G. Ahern Mr. Jorge Rosales addressed Council reminding them that two years ago he was in favor of J. Rosales appointing Mr. Macias to the Council but was told that wasn't possible because Mr. Macias Comments had run for the Mayor seat, not Council. He also addressed the Redevelopment Agency item, purchase 805 N. Dalton, stating that he didn't recall seeing the Item, terms and conditions of the purchase on a former agenda and that the staff report does not indicate the source of funds. Mr. Bill Sena addressed Council expressing his opposition to another election, stating that B. Sena ' they shouldn't appoint a person who was not running for the Council seat, but the person Comments with the next highest vote. Mr. Patrick Mallon expressed his opinion stating that the City should hold a special election; P. Mallon that the people only voted for two seats, not three and believes the Council has obligation to Comments examine the cost, and evaluate all the potential people to fill vacancy, not Just the next highest vote getter. Mr. Horacio Godoy expressed his opinion stating that as was done two years ago, the H. Godoy Council should appoint the person with the next highest vote, who is Mr. Gonzales. Comments Mrs. Jennie Avila addressed Council stating that she was the first Hispanic Councilwoman. J. Avila She told a story of a would be bur)ar/homeless person who visited the museum and voiced Comments her concern regarding the safety at parks. Mayor Rocha responded stating that he would like to look Into the possibility of reinstituting the Neighborhood Watch program and plans to discuss this at future workshops. Ms. Sandra Rentschler addressed Council stating that as in the last election, if you run for S. Rentschler Mayor you run for Mayor, and if you run for Council, you run for Council; she stated there is Comments no need to have a special election as residents In the City have made their choice, there has been a precedence, and the third council seat should be appointed. ' Ms. Karen Johnson addressed Council stating that In keeping with tradition, they should K. Johnson appoint Robert Gonzales. On another matter she advised that there is a need for new Comments couches at the Senior Center. She also suggested that if there is an issue with homeless, you can call 211, if they need a place to stay, etc. Mayor Rocha inquired whether there would be new couches at Senior Center and City Rocha Manager Delach responded that he staff is purchasing some type of furniture at that Comments location. Ms. Mary Mcl(enrick of the Azusa Chamber of Commerce welcomed Mayor Rocha, and M. Mcl(enrick Councilmembers Macias and Carrillo, stating that she looks forward to continued growth in Comments the City. 03/19/07 PAGE TWO Mr. Eddie Alvarez, candidate for the subject election thanked all for their help, stating that he E. Alvarez made a lot of mistakes, but learned from the experience. He clarified that the late maller Comments that went out was the fault of U.S. Mail and a claim has been filed, but wanted to quell rumors that it was sent out late because is was trying to campaign for the open seat, he wasn't, it was just a rumor. Mr. Mark Dickerson addressed Council announcing the Canyon City Foundation is hosting a M. Dickerson breakfast workshop and Invited them as well as community organizations, on Tuesday, Comments March 27, 2007, at 7:30 a.m. at Saint Frances of Rome church. He provide the following website: www.canyoncityfoundation.or¢ ' Mr. Dennis Willut addressed Council and advised that the Senior Center complex doesn't D. Wlllut have rain gutters, and his house, next door, gets flooded as well as his mother's garage. He Comments revisited the issue of the business license fee that was sent to his mother for her business and detailed the matter. He was referred to the City Manager for handling. Mr. Jerry Rocha, a lifelong resident, made a recommendation, stating that rather than having J. Rocha a special election, Council should choose the most qualified candidate out of the candidates Comments who ran during the elections. Ms. Gloria Romero addressed Council stating that Diane Chagnon should not be appointed G. Romero to the City Council and read a letter into the record reflecting those sentiments. Comments Ms. Stephanie Mills addressed Council stating that she voted for Gonzales for Council and S. Mills reiterated that a precedence was set at the last election. Comments Mr. Mike Lee requested that all keep in prayer soldiers that are in the war in Iraq, M. Lee congratulated City Managers wife who was elected to Covina City Council, congratulated all Comments new members of the Council and advised that Robert Gonzales should be appointed to the vacant Council Seat. Mr. Art Morales expressed congratulations to all Councilmembers, and requested that they A. Morales appoint Robert Gonzales to the vacant seat on the City Council. Comments ' Mr. Roman Seano addressed Council stating that the Council set a precedence in 2005 and R. Seano should appoint Robert Gonzales to the vacant Council seat. He stated a special election will Comments be costly and that Diane Chagnon was not elected; the will of the people and the results of the election are being ignored. Mr. Dick Stanford, former City Council stated that the City is fortunate to have Joe Rocha as D. Stanford a leader and Is blessed; he stated that it takes three to make a decision for Council, but Comments takes five to make it work. Mr. Salvador Martinez expressed his opinion in favor of Robert "Gonzo" to be appointed the S. Martinez vacant council position. Comments REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Councilmember Carrillo requested that a contribution be made to the Azusa National Little Carrillo League to purchase paint to eradicate graffiti from their facility. It was consensus to direct Comments the City Manager work with organization regarding the matter. Discussion was held regarding the amount of the contribution and City Attorney advised that It should be directed to the City Manager to decide whether It should be agendized at a future meeting. Councilmember Hanks shared an article regarding the 605 and 10 freeway funding, which Hanks consisted of lobbying efforts by surrounding valley cities. He noted the Importance of those Comments 'cities to also support the dispute going on with regard to who should fund Gold Line. He stated that Azusa should support them and they could support Azusa, when needed with the MTA, who have not put the funding money In its operating plan and the Federal will not give the funding for the project if there Is no money for the operation of the Gold Line. Councilmember Carrillo added comments stating that he was glad that Councilmembers Carrillo from Baldwin Park and La Puente are in support of the Gold Line and will continue to lobby Comments for the funding. He talked about the excitement of going to Washington and meeting with local legislators. Councilmember Macias thanked departing Councilmembers Chagnon and Hardison for their Macias public service record and also thanked the community and his helpers for their support. Comments 03/19/07 PAGE THREE Mayor Rocha requested that the meeting be adjourned In memory of Cruz F. Moreno, Rocha Norma Becerril, Esther Torres, and Soledad Garcia. He advised that there will be a ribbon Comments cutting ceremony for IlForno Caf6 at 5:30 p.m. on March 26, 2007 and a Woman's Club Prayer Breakfast on Wednesday, March 28, 2007, at 8:00 a.m. to 9:00 a.m. at the Azusa Woman's Club. Moved by Councilmember Macias, seconded by Councilmember Carrillo and unanimously carried that the following proclamations and/or certificates be approved and presented accordingly: (a) Certificates of recognition to Azusa Girl Scout Troop # 912 who participated in the Bike Path Clean Up. (b) Proclamation to Mr. Bob Donnelson for his dedicated services to the City. (c) Certificate to the City of Duarte in honor of Its 50th Anniversary. (d) Certificate of Recognition in celebration of the 100' Birthday of Agnes Antoinette Peterman on March 22, 2007. (e) Proclamation for National Library week in April. (f) Certificates of Recognition to Elaine Strickland and her Art Class from Sierra High School for artwork on the Talley Building. (g) Proclamation observing Child Abuse Prevention Month in April requested by the San Gabriel Children's Center. (h) Proclamation for General Federation of Women's Clubs (GFWC) Federation Day on April 24'h,(i) Certificate of welcome to celebrate the opening of 11 Forno Caf6. (j) Proclamation observing Armenian Genocide Day. SCHEDULED ITEMS Cert & Proc Requested and Approved Sched Items Moved by Councilmember Carrillo, seconded by Councilmember Macias and unanimously Hanks appt carried to appoint Keith Hanks as Mayor Pro -Tem. Mayor Pro -Tem Discussion was held among Councilmembers and Staff regarding options for filling the Discussion Council seat left vacant due to the election of Joseph Rocha to the position of Mayor; there Re: Filling are two years remaining on the City Council seat. City Attorney Carvalho presented options Vacancy as follows: fill the vacancy by appointment or to call for a special election, within 30 days of the vacancy date. After discussion the following motions were made: Moved by Councilmember Hanks, seconded by Councilmember Carrillo to create an Ad-hoc Ad-hoc committee to take time to develop a good team. Committee ' A substitute motion was presented as follows: Moved by Councilmember Macias, seconded Motion to by Mayor Rocha to appoint Robert Gonzales to fill the unexpired vacancy. Mayor Pro -Tem Appoint Hanks voted no, Councilmember Carrillo voted no, and Mayor Rocha voted yes and Gonzales Councilmember Macias voted yes. There was no majority vote. No vote Moved by Councilmember Hanks, seconded by Councilmember Carrillo and unanimously Ad-hoc carried, as an amended motion, to appoint an Ad-hoc committee to consider options for Committee filling the unexpired vacancy and come back with recommendations at a March 26th Hanks and Adjourned meeting, following the Utility Board Meeting. Mayor Rocha appointed Mayor Macias Pro -Tem Hanks and Councilmember Macias to be on the Ad-hoc Committee. City Attorney Carvalho advised that Council has thirty days to make a decision and could call City Attorney a special meeting at any time during the thirty days if they wished to discuss the issue, but, Comment discussion should be held at a public meeting. City Manager Delach presented item regarding the Implementation of Recommendations by Recommenda- the Azusa Citizens' Committee for Code Compliance and stated that the Matrix included is tions complicated, but have not received questions from Council regarding It, and recommended ACCFCC approval. Assistant City Manager Person detailed the Matrix, explaining each column, i.e. Discussion Current Code, Committee Recommendations, Staff Recommendations and Council Comments, regarding the miscellaneous front yard setbacks and noted minor changes Committee added and stated that staff has no disagreements with them. He noted that the Current Code does not allow for accessory structures in the rear yard anywhere where it is visible from the street and the Committee's Recommendation does allow them; he discussed the matter with the Chairperson of ACCFCC and they have agreed that the they would not allow accessory structures in the rear yard If they were viewable from the street. He asked that the recommendations be held in abeyance, until issues regarding Temporary Sign and Recreation Vehicles are presented and the code would be revised all at one time. He responded to questions regarding noticing to residents regarding changes, of which he responded there will be an outreach program. Staff responded to question stating that anything visible over a five foot wall is prohibited; a structure can be put in the rear yard, but it can't be visible, unless It is temporary as in tent, birthday bouncers, etc. Antique car covers are allowed if they are not visible from the street. 03/19/07 PAGE FOUR Moved by Councllmember Hanks, seconded by Councilmember Carrillo and carried to direct Recommenda- City Attorney to incorporate the recommended changes to the City of Azusa Development tions Code, at Its next scheduled revision, as recommended by the Azusa Citizens' Committee for approved Code Compliance and staff, Mayor Rocha dissenting. The CONSENT CALENDAR consisting of Items F -f through F- 11 was approved by motion Consent Cal of Councilmember Carrillo, seconded by Mayor Pro -Tem Hanks and unanimously carried. Approved Councllmember Macias commented on Items F-8 and F-9, stating they were good projects and thanked staff for bringing them forward. Minutes of the regular meeting of March 5, 2007, were approved as written. Min appvd 2. Human Resources Action items were approved as follows: HR Action Promotional Appointment: S. Cabral, Field Service Representative, effective 2/21/07. Items 3. The change order to the WF construction, Inc. contract for the Pedestrian Breezeway Breezeway Project in the amount of $35,675, was approved. Change order 4. The purchase of two Internet programmable V -Calm traffic signs for school zone use Purchase from Fortel Traffic, Inc. and two non -programmable speed units for deployment in non- Speed Signs school zones from DDL Traffic, Inc., was approved. . PD 5. The Memorandum of Understanding for the Police Department to extend an agreement MOU Irvin with the Irwindale Police Department and the Los Angeles County Illegal Street Racing Police Depart and Driving under the Influence Enforcement was approved. Illegal Racing 6. The Notice of Completion for construction of Gladstone Park Concrete Parking lot and Access Road was approved as completed by Martinez Concrete In, in the amount of $87,843.75, and authorization was given to file sale with Los Angeles County Recorder. 7. The Final Tract Map No. 54057-14, Heritage Oaks at Rosedale was approved and Council acts and finds as follows: 1. That this project compiles with the General Plan and Is consistent with the approved tentative map and any amendments thereto. 2.The street dedications as offered on the map are hereby approved and accepted. 3. The City Council approves and authorizes the City Manager to execute the attached AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS TOR TRACT NO. 54057- 14 to construct the required public improvements and also accept the attached Faithful Performance Bond in the amount of $219,036, the attached Labor and Materials Bond for $109,518 as guaranteed by Arch Insurance Company. 4. That pursuant to Section 66436(a)(3)(A)(1-vii) of the Subdivision Map Act, the City Council hereby finds that the development of the property, in the manner set forth on the subject division of land, will not unreasonably Interfere with the free and complete exercise of the easements held by Monrovia Nursery Co., Azusa Land Partners, LLC, Azusa Land and Water Co. and Southern California Edison Co., and accepts the map without the signatures of said easement holders. 5. Approve Final Tract Map No. 54057-14, and 6. The City Clerk is hereby authorized to endorse on the face of the maps the certificates, which embodies the approval of said map and acceptance of street dedications. NOC Gladstone Park Parking Lot Final Tract Map No. 54057-14 Heritage Oaks Rosedale 8. Approval was given to adopt a Youth Employment Plan to satisfy the "at -risk youth" Youth Emplmt employee component of the Los Angeles County Regional Park and Open Space Plan District, Proposition A funded Forest Gateway Interpretive Center Project. 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA TO ADOPT THE ICMA Res. 07-R21 RETIREMENT CORPORATION 457 DEFERRED COMPENSATION PLAN ACCOUNT NO. ICMARC 30-6063. ' 10. Authorization was given to provide letters to key legislators and the Governor Letter Support supporting the adoption of SB 266 (Steinberg), which will provide local governments SB 266 with an additional tool to combat Illegal street racing by allowing vehicle forfeiture for Steinberg those engaging in this dangerous activity. 11. The following resolution was adopted and entitled: A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 07-C22 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. 03/19/07 PAGE FIVE SPECIAL CALL ITEMS None. Special Call None THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 10:02 P.M. CRA convene THE CITY COUNCIL RECONVENED AT 10:15 P.M. Cncl reconvene Moved by Councilmember Carrillo, seconded by Councilmember Macias and unanimously Closed Sess carried to recess to Closed Session to discuss the following: CLOSED SESSION 'REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Property Address: 858 North Azusa Avenue, Azusa Negotiating Parties: Howard]. and Janet Choi Agency Negotiators: City Manager Delach and Assist Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Property Address: CA 91702 Negotiating Parties: Ale)dos and Tashia Vagenas Agency Negotiators: ant City Manager Person Under Negotiation: Price and Terms of payment Property Address: 832 North Azusa Avenue, Azusa, CA 91702 Negotiating Parties: Ale)dos and Tashia Vagenas Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Property Address: 826 North Azusa Avenue, Azusa, CA 91702 Negotiating Parties: Martin G. &Teresa Habern Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Property Address: 812 North Azusa Avenue, Azusa, CA 91702 Negotiating Parties: John R. & Lillian O. Cortez Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Property Address: 810 North Alameda Avenue, Azusa, CA 91702 Negotiating Parties: LLC - as Vestee Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of payment CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. 54946 (al. Case name: City of Azusa Redevelopment Agency v. Hagopicarakin Kouyoumdjian, Chrlstiane Mary Kouyoumdjian, Lyle A. Moritz and Mary A. Moritz - Los Angeles Superior Court Case No. BC362770 The City Council reconvened at 1 1:18 p.m. City Attorney Carvalho advised that there was no No Reports reportable action taken In Closed Session and that Conference with Legal Counsel was Conf,w/Legal continued to March 26, 2007 Adjourned Regular meeting. Cnsl Continued UPCOMING MEETINGS: March 26, 2007, Utility Board Meeting - 6:30 p.m. April 2, 2007, City Council Meeting - 6:30 p.m. April 16, 2007, City Council Meeting - 6:30 p.m. It was consensus of the Councilmembers to adjourn in memory of Cruz F. Moreno, Esther Torres, Soledad Garcia, and Norma Becerrii TIME OF ADJOURNMENT: 11:19 P.M. ..Lc. -o CITY CLERK NEXT RESOLUTION NO. 2007-C23. NEXT ORDINANCE NO. 2007-05. 03/19/07 PAGE SIX Adjourn in Memory of Cruz F. Moreno Norma Becerril Esther Torres Soledad Garcia