Loading...
HomeMy WebLinkAboutMinutes - June 4, 2007 - CCICITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, JUNE 4, 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. CLOSED SESSION The City Council recessed to Closed Session at 6:34 p.m. to discuss the following: CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: City Manager Delach and Assistant City Manager Person Organizations/Employee: APOA REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 1 120 West Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: S & S Foods Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Address: 1 140 West Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: Price Self Storage Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Address: 1030 West Foothill Boulevard, Azusa; CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: R B Fiberfab Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Address: 1020 West Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: Pro Auto Electric Under Negotiation: Price and Terms of Payment ' REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Address: 1 100 West Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: Melco Steel Inc. Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Address: 1050 West Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: Corky's Place Under Negotiation: Price and Terms of Payment Closed Sess Recess Conf w/Labor Negotiator APOA Real Prop Neg 1120 W. Foothill Real Prop Neg 1 140 W. Foothill Real Prop Neg 1030 W. Foothill Real Prop Neg 1020 W. Foothill Real Prop Neg 1100 W. Foothill Real Prop Neg 1050 W. Foothill CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov. Code Sec. 54956.9 Conf w/Legal L1) Cnsl Case Name: Scott Witter v. City of Azusa Witter Worker's Compensation Appeals Board Case N. N00530133 The City Council reconvened at 7:35 p.m. City Attorney Carvalho advised that there was no No Rpts reportable action taken in Closed Session. 7:35 P.M. - REGULAR MEETING OF THE CITY COUNCIL. Rglr Mtg Mayor Rocha called the meeting to order. Call to Order INVOCATION was given by Fran Delach, City Manager invocation Ms. Elaine Dominguez led in the salute to the Flag. Flag Salute ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Azusa Police Chief Garcia, Director of Utilities Hsu, Police Captain Gonzalez, Director of Public Works/Assistant City Manager, City Treasurer Hamilton, Economic Development Director Coleman, Tierra West Consultant Jose Ometeotl, Public Information Officer Quiroz, City Clerk Mendoza, Deputy City Clerk Toscano. Pub Part Ms. Barbara Dickerson, Azusa School Board Member, addressed Council to thank the Azusa B. Dickerson Police Department for the professional handling of the Powell school toy guns incident; she Comments 'thanked the City for the proper training the officers receive which caused their reaction to the incident. She urged the parents in the public to talk to their children about the dangers of toy guns. Field Representative Bill Baca, of Senator Gloria Romero's office, invited all to attend the B' Baca Neighborhood Office Hours on Saturday, June 9, 2007, from 10-11:30 a.m. at Food 4 Less, Comments 3800 Baldwin Park Boulevard, Baldwin Park. There will be free child safety fingerprinting as well as other discussions regarding the legislative process. He advised that Senator Romero will be at Sierra Vista High school following the event. Mayor Rocha invited her to Join the Council at Zacatecas Parkin Azusa that same day for City Hall on the Move. Mr. Mike Lee thanked Chief Garcia and the Police Department for their work at Foothill M. Lee Gardens condominiums, and thanked Mayor Rocha for his support of Assemblyman Comments Hernandez with regard to the toy guns issue. He shared his views on the Transit Summit, the possibility of the City obtaining another Police dog, the problems viewing cable television, his attendance at the Veterans' Ceremony, the Tow Contract, free swim, a shooting at 7-11 on Friday and the Saint Frances of Rome carnival. Mr. John Lewis of the Vocational Schools of Performing Arts, addressed Council expressing J Lewis Comments his concern that there aren't locations in the city where artists can perform; he detailed problems he has been having trying to rent the Senior Center for a performance fundraiser for the disabled, noting that he will now have to go outside the City to hold the performance. ' He responded to questions posed by the Mayor regarding cost accounting, set up fees, etc. City Mgr City Manager Delach responded to the issue detailing why rate was changed, noting that rehearsals required additional staff after hours, etc. He further noted that during Golden Comments Days there may be no fee at all, and that he hasn't had a chance to speak with Mr. Lewis regarding the Issue. Mr. Gary Reyes addressed Council detailing an issue he had with the property located at G. Reyes 1020 W. Foothill Boulevard. He read a letter into the record from David Toyama on behalf of Comments Ramirez Masonry and its relocation to that address. 06/04/07 PAGE TWO Mr. Jorge Rosales addressed Council stating that he too attended the Transportation Summit J. Rosales noting that Mayor Pro -Tem Hanks and Assemblyman Hernandez attended, and the Summit Comments was to encourage funding for the Gold Line and to re -open hwy 39. He submitted for record hard copies of his comments regarding the Public Hearings. He addressed item regarding the proposed RFP for exclusive tow contract instead of rotating services, stating the he doesn't see an advantage of a single source. The following persons expressed their opinion against an exclusive tow contract and in favor Comments of the rotation system: Jorge Rosales, John Lopez, Wayne Blake, Eladio Millan, Marcos Against Excl Lozano, Christian Maldonado, Francisco Prado, Margie Blake, Nicolas Handley, Majid Tow Agmt Vafamanesh, Richard Lugo, Michael Pena, Johnny Cortez, Michael Angulo, Rona Lunde, and Art Morales. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates City Manager Delach announced City Hall on the Move to be held at Zacatecas Park on City Mgr Saturday, June 9, 2007, from 9 a.m. - 11 a.m. He responded to a comment made earlier Comments stating that the former Mayor and Councilman do not have city issued cell phones. Public Information Officer Martin Quiroz presented an update on the 4th of July new PIO Quiroz ordinance as follows: Safe and Sane Fireworks are permitted - only on the 4`h of July 4' of July beginning at noon and ending at midnight, not be discharged at any other time or place, not Update be discharged north of the centerline of Sierra Madre Avenue. Penalties: Administrative citations may be issued by the police for illegal discharge of safe and sane and illegal fireworks. Violators will be fined $250 for the 1" violation and $500 for the 2nd violation. Permitted Fireworks: Safe and Sane fireworks have the State Fire Marshal (SFM) seal. Illegal Fireworks: Violation of any provisions of the State Fireworks Law or Regulations is a misdemeanor punishable by a fine from $500 to $1,000 or up to i year county jail. Moved by Councilmember Gonzales, seconded by Councilmember Macias and unanimously Cert of Rec carried to approve the request for certificates of recognition for Group from Christbridge Christbridge Academy and Brownie Troop 902, for their services to the City of Azusa. Brownie Troop Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales and unanimously Citizens carried to approve the request for Allocation of $5,000 in Fiscal Year 07/08 Operating Beautification Budget for Citizens Beautification Projects. Funding Mayor Pro -Tem Hanks announced that the trip to the ICSC Conference was a success and also the success of the Transportation Summit sponsored by Assemblyman Ed Hernandez, and urged the public to let local legislatures know of the support. He Invited all to Join the Amateur Radio Field Day to be held across the country on Saturday, June 23, 2007; locally it Is being held at Horse Thief Canyon Sam Dimas from dawn to dusk, sponsored by the Glendora Emergency Response Team and the call in frequency is 144.33 simplex. Councilmember Macias stated that the Downtown North Advisory Committee had a field trip to various developments in the west end of the county, i.e. Pasadena, Valencia, and Studio City, looking at options to bring to the Azusa Downtown. He noted that the next meeting will be held on Tuesday, June 5, 2007 at the Light and Water Conference Room. He noted that the expanded Library hours is bringing it to full capacity, and asked the City Attorney what the rule is for reportable action after Closed Session; she responded. Hanks Comments Macias Comments Councllmember Gonzales publicly apologized to Chief Garcia for calling him by his first name Gonzales at a prior meeting. He then announced Casino Night on June 22, 2007, from 7 p.m. to Comments 1 i p.m. at the Azusa Woman's Club; all proceeds will benefit the Azusa Youth Sports Programs; for further information call him at 945-9280 or call Memorial Park 812-5280. He congratulated all Azusa Graduates, and wished fathers a Happy Father's Day. Councilmember Carrillo expressed thanks to Mayor Pro -Tem Hanks for his attendance at the Carrillo Transportation Summit; talked about the field trip with the Downtown North Advisory Comments Committee and stated they will get a great project. 06/04/07 PAGE THREE Mayor Rocha congratulated all the Azusa graduates, wished fathers a Happy Father's Day, Rocha asked to keep American Soldiers In prayer, stated the ICSC Conference with great and very Comments productive. He invited all to City Hall on the Move on Saturday, June 91h at Zacatecas Park, announced Summer Splash on June 16' at Slauson Park, talked about the introduction of new legislation regarding toy guns, in January 2008; he stated that he, AUSD and the Azusa Police Department will be in Sacramento lobbying for legislation for the ban and sale of the toy guns that look real. He asked that the meeting be adjourned in memory of Raymond Corcoran, Mary Almer, Joanne Zarate Soldano, Earl Salzman and Frank "Flip" Fliedner. SCHEDULED ITEMS Sched Items 'PUBLIC HEARING — ISSUANCE OF TAX-EXEMPT BONDS FOR THE BENEFIT OF AZUSA Pub Hrg PACIFIC UNIVERSITY AND APPROVAL OF A TAX EQUITY AND FINANCIAL RESPONSIBILITY APU Bonds ACT (TEFRA) AGREEMENT BETWEEN AZUSA PACIFIC UNIVERSITY (APU) AND THE CITY OF TEFRA Agmt AZUSA. Assistant City Manager Person addressed the Hearing stating that this is a request of Azusa Pacific University to conduct a public hearing in connection with the issuance of tax exempt bonds in the amount of $145,000,000 and the consideration of a TEFRA agreement. He stated that the bonds will be for the financing of a Science Center ($55 million), the acquisition of the Crestview Apartments ($70 million); the refunding of the University's Taxable Variable Rate Demand Revenue Bonds ($15,500,000) and the balance of funds are attributable to the costs associated with the issuance of the bonds. The City expressed concern regarding the purchase of the Crestview Apartments as they are currently on property tax rolls from which the City derives various forms of revenue, Le., property tax, utility users tax, maintenance district tax, business license tax, etc. Property acquisition by APU for use as part of its non-profit status operations removes properties from the Los Angeles County property tax rolls thereby affecting Azusa revenues in the process. In the Settlement Agreement, APU agrees to hold the City harmless and made whole and agrees to pay an Impact fee equal to any potential lost revenue to the City as a result of the transaction inciuding escalator fees for future increases. The second concern Is the potential loss of 64 low/moderate Income housing units currently contained in the Crestview Apartments (as a result of a 1994 bond issuance by the City of Azusa to provide the number of affordable housing units) through the year 2015. APU agrees to continue to provide the 64 units to low/moderate income individuals/families through 2015. All units would be of similar size and quality and located In the City of Azusa. Any affected tenants would receive relocation assistance from APU if they are displaced from their units at the Crestview Apartments. The City will require a Specific Plan Amendment to the APU Specific Plan to Incorporate the inclusion of the Crestview Apartments as student housing. They have agreed to amend the APU Development Agreement with the City, which will require APU to seek approval by the City through an amendment to APU's Specific Plan prior to any conversion of property by the University to an institutional, non-profit and tax exempt use. Asst City Mgr Comments Staff responded to questions posed by Councilmembers regarding the impact on the 20% Response to set aside for low and mod housing, noting there was no negative impact; the City will Council continue to receive the credit until 2015. The 64 low Income units will be relocated through Questions 2015 and after that time there Is no obligation. There is no fiscal impact and no underlying liability. 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 San Gabriel Valley Tribune on May 21, 2007. Mr. Mark Dickerson, representing Azusa Pacific University, addressed the issue reiterating M. Dickerson that there is no liability on the part of the City with APU Issuing tax exempt bonds. The Azusa Pacific California Statewide Community Development Authority requires the City Council's approval. University He stated that Crestview was owned by a National Real Estate Investment Fund who are selling Crestview as well as other properties and contacted APU to see if they were Interested in purchasing the apartments since most tenants were APU students, etc. He stated the property taxes and other fees add up to approximately $125,000 payment to the City per year which would escalate as property taxes and other fees escalate. He stated that continuing with the 64 low income housing units at Crestview will cost APU more than $200,000 per year in subsidies, and they would not be breaking even for several years to come, but stressed the Importance of creating student housing; there will be less traffic and a benefit to the City and APU; further if another purchaser makes the acquisition; the low income would no longer be available. 06/04/07 PAGE FOUR Mr. Scott Kenis of Azusa Pacific University addressed the Hearing noting that they have established a numbers of community outreach programs, i.e. the Gate Program where APU teachers teach students of Azusa, Gate high school where students are taken to APU campus taking college courses, get them ready for college and show them how to prepare and apply for college; there is service credit for this also; he detailed the science program and how It reaches the local schools. Mr. Dickerson responded to questions posed by Councilmembers stating that they will maintain the Crestview property in its current form, make Improvements as needed, sometime in the future fully renovate, but at this time there will be no changes. With regard to existing residents, Federal Tax law requires that they use the facility for tax exempt purchase; there will be a one year transition period to transition out any members of the public who are leasing at that time. Upon completion of the transaction APU will meet with existing residents to work with them on the best way for them find another location; they would pay special attention.to the low/moderate Income housing residents and provide for the relocation as well. With regard to the West Campus housing they will come back and modify the Specific Plan for any changes that they agree on with the City; and there will still be a need for student housing in that area. The Krems site and retail on the site, Mr. Dickerson responded stating that the City will provide them with a concept and needs for that area subject to the Specific Plan. He clarified that with regard to other property owned by APU In the City, endowments, Investments, or property donated to the University, will not be able to be converted to a tax exempt use, taking it off the tax rolls for the City, without submitting an amendment of the APU Specific Plan and getting City Council approval. S. Kenis APU M. Dickerson APU Response to Questions Mr. Mike Lee expressed concern that APU is buying up property and will displace people. M. Lee He is concern about Villa Azusa apartments. Comments Art Morales noted that the City of Azusa is not liable for anything and asked that the agenda A. Morales contain more clarification or detail regarding these items to deter misunderstandings. Comments Ms. Sharon Layman addressed the Hearing in favor the approval of the Issuance of tax S. Layman exempt bonds and the TEFRA agreement for APU providing a brief history of Azusa Pacific Comments University, her experience as a homeowner in Azusa, as an employee of APU, the Importance of improving the education of the children and the continued partnerships with the Azusa Unified School District. Ms. Donna Rutherford, employee of APU and resident of the City, addressed the Hearing in D. Rutherford favor of the issuance of tax exempt bonds and the TEFRA agreement to provide student Comments housing. She stated that as residents and voters of Azusa it is exciting to see the growth in the City, and noted the obligation to the City and residents and noted benefits APU has brought to the community. Mr. Burke Hamilton addressed the Public Hearing expressing his concern regarding the Issue B. Hamilton of parking at the Crestview apartment. Comments Mr. Phil Ford, employee of APU and resident of Azusa, addressed the Hearing in favor of the P. Ford issuance of tax exempt bonds and the TEFRA agreement. He talked about the programs, Comments benefits and reputation APU brings and will continued to have a positive impact on Azusa. Ms. Anna Aguilar, employee of APU addressed the Hearing in favor of the issuance of tax A. Aguilar exempt bonds and the TEFRA agreement. Comments Mr. Jorge Rosales addressed the Hearing and requested response to questions he had J. Rosales submitted in writing; City Attorney Carvalho responded to all his questions in full and his Comments written questions are on file In the Public Hearing folder. Ms. Peggy Sharol addressed the Hearing In favor of the issuance of tax exempt bonds and P. Sharol the TEFRA agreement. Comments Moved by Councilmember Carrillo, seconded by Councllmember Macias and unanimously Hrg Closed carried to close the Public Hearing. Councilmember Macias noted that the Council has reviewed all aspects of the issue and one Macias of the main concerns was that it decreases supply and increases demand, but they have comment reviewed all options and this is the best possible solution for the City of Azusa. 06/04/07 PAGE FIVE Mayor Pro -Tem Hanks advised that he is very excited about having a Science Center coming Hanks to the City which extends far beyond the University; the Crestview was available to anyone Comments and if it was purchased by anyone else there would be no obligation to keep the 64 units low and mod. The City negotiated very hard with APU regarding this issue; also they will not convert to a tax exempt purpose without the approval from the City and will partner with the City to develop retail space at Stein and Foothill. Moved by Councilmember Carrillo, seconded by Councilmember Macias and unanimously TEFRA Agmt carried to approve a TEFRA Agreement between Azusa Pacific University (APU) and the City Approved of Azusa. Counciimember Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING THE ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OF ITS VARIABLE RATE DEMAND AND REVENUE BONDS (AZUSA PACIFIC UNIVERSITY PROJECT), SERIES 2007, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $150,000,000, FOR THE PURPOSE OF FINANCING AND REFINANCING CERTAIN FACILITIES AND IMPROVEMENTS FOR AZUSA PACIFIC UNIVERSITY, AND CERTAIN OTHER MATTERS RELATING THERETO. Moved by Councilmember Carrillo, seconded by Councilmember Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE PUBLIC HEARING - CODE AMENDMENT ZCA - 225. A CITY INITIATED REQUEST TO AMEND THE DEVELOPMENT CODE TO ALLOW RETAIL STORES GREATER THAN 50,000 SQUARE FEET TO LOCATE IN THE DOWNTOWN TRANSIT VILLAGE (DTV), SOUTH AZUSA AVENUE CORRIDOR (CSA), FOOTHILL CENTER OVERLAY (FCO), AND INSTITUTIONAL/SCHOOLS (INS) ZONE WITHIN THE UNIVERSITY DISTRICT IF A USE PERMIT IS FIRST APPROVED THROUGH A PUBLIC HEARING. Director of Economic and Community Development Coleman addressed the Hearing stating that the City has been working proactively to encourage retailers to locate at various sites and many of them require retail formats larger than 50,000 square feet. The City's Development Code prohibits such larger format stores within many of the City's zoning designations. The proposed Code amendment would allow these stores to locate in several currently prohibited areas if a Use Permit is first approved following a public hearing. The staff proposal is to provide an amendment to the Development Code to in service specific zoning districts which would allow stores larger than 50,000 square feet which are the Downtown Transit Village (DTV), South Azusa Avenue Corridor (CSA), Foothill Center Overlay (ECO) and Institutional/schools zone within the University District (INS) If use permit is first approved; the use permit will assure that the project meets General Plan goals and policies. He stated that the Code amendment will not affect the Intensity of development because currently under the Development code it is allowed to build a 100,000 or 200,000 square foot retail building, but the building area would have to be subdivided into commercial units of 50,000 square feet or less. If approved, that same 100,000 square foot building could be built without the interior lease area subdivision; the building could house a single store. The Planning Commission held a public hearing and voted 2-1 that the Code amendment only apply to the DTV and CSA zones. The Commission agreed that a Negative Declaration is appropriated for the Code amendment and there is no specific development in connection with the amendment. He added the following language to Section 2 of the ordinance proposed by the City: "However, it Is likely that in the future, as landowners implement the new standards, the owners may seek future amendments to development standards such as setbacks, heights, etc." He responded to questions posed by Councilmembers regarding the basis and the need for the FCO and iNS zones to be included, the need to create possibilities to attract retailers, proposed projects that may have to exceed the 100,000 and the option to have an Environmental Impact Report performed. Res. 07-C41 Approving Issuance of California Statewide Bonds APU Pub Hrg Code Amend ZCA 225. B. Coleman Comments 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 May 24, 2007. 06/04/07 PAGE SIX Ms. Donna Manson addressed the Hearing stating that this process began a year ago; she D. Manson has had attorney's fees and appraisals on her property and would like to receive a time line Comments of when she would receive a check or a firm offer from the City or Watt Genton to complete the process. She was advised by the City Attorney that that was a Planning issue and not related to this Public Hearing. She was referred to the City Attorney. Moved by Mayor Pro -Terri Hanks, seconded by Councilmember Gonzales and unanimously Hrg closed carried to close the Public Hearing. Mayor Pro -Tem Hanks offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING 1" Rdg Ord AMENDMENTS TO CHAPTERS 88.24.005, DISTRICTS; 88.26.005, CORRIDORS; 88.27, Code Amend OVERLAY ZONES, AND 88.28, SPECIAL PURPOSE ZONES, OF THE CITY OF AZUSA ZCA 225 MUNICIPAL CODE IN ORDER TO ALLOW RETAIL STORES GREATER THAN 50,000 SQUARE FEET TO LOCATE IN THE DOWNTOWN TRANSIT VILLAGE (DTV), SOUTH AZUSA AVENUE CORRIDOR (CSA), FOOTHILL CENTER OVERLAY (FCO), AND INSTITUTIONAUSCHOOLS (INS) ZONE WITHIN THE UNIVERSITY DISTRICT IF A USE PERMIT IS FIRST APPROVED (CASE NUMBER ZCA 225) Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Carrillo and unanimously Ordinance . carried to introduce an ordinance amending the Development code to allow retail stores Introduced having floor areas greater than 50,000 square feet in the DTV, CSA, FC(0), and University District INS zones with a Use Permit and the modifications included the Director of Economic Development Coleman. Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Carrillo and unanimously ACCFCC carried to continue item regarding the Implementation of Recommendations by the Azusa RV's continued Citizens' Committee for Code Compliance regarding the Definition and Permitted Uses, Parking and Storage Of Recreational Vehicles, to a future date in order for staff to provide outreach to the public. Project Area. Mayor Pro -Tem Hanks offered the following two Ordinances entitled: AN ORDINANCE OF THE CITY OF AZUSA APPROVING AN AMENDMENT TO THE I" Rdg Ord REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END Amend CBD, REDEVELOPMENT PROJECT AREA, ADOPTING AN EMINENT DOMAIN PROGRAM FOR THE West End MERGED PROJECT AREA PURSUANT TO SENATE BILL 53 AND DIRECTING AGENCY STAFF SB 53 TO RECORD A REVISED STATEMENT OF PROCEEDINGS PURSUANT TO SENATE BILL 1809. 06/04/07 PAGE SEVEN CONSIDERATION OF ORDINANCES TO AMEND THE MERGED CENTRAL BUSINESS Ordinances AND WEST END REDEVELOPMENT PROIECT AREA ("MERGED PROJECT AREA") Amend CBD AND RANCH CENTER REDEVELOPMENT PROJECT AREA ("RANCH CENTER PROIECT") West End and 'DISTRICT Director of Economic Development Coleman addressed the issue stating that SB 53 went Ranch Center Into effect January 1, 2007, and added a new section to California Redevelopment Law, SB 53 which require the legislative body of each redevelopment agency to adopt a program by B. Coleman ordinance on or before July 1, 2007, which specifies the use and limits on its existing Comments eminent domain authority. Once the Eminent Domain Program is adopted it can only be changed through an amendment process. They do not add eminent domain over any additional territory nor do they begin any condemnation proceedings upon any property. The ordinances will amend the Redevelopment Plans for the Merged Project Area and the Ranch Center Project and will also direct Agency staff to record a Statement of Proceedings with the County of Los Angeles. The ordinances do not authorize the Agency to use eminent domain proceedings for the acquisition of properties upon which persons reside, unless requested In writing by the property owner nor does it have condemnation authority over any residential properties within the Merged Project Area. The ordinances will restate the Agency's eminent domain policy and record a Statement of Proceedings with the County of Los Angeles to this effect. The Agency's timeframe for Initiating eminent domain authority in the Ranch Center Project expired on July 17, 2001 and even though the Agency's authority to use eminent domain has expired, the requirements of SB 53 do not exempt redevelopment agencies that do not have the authority of eminent domain or redevelopment agencies whose time frame to commence eminent domain proceedings has expired, from adopting the ordinance. The approval of this ordinance will not affect the proposed Redevelopment Plan Amendment the Agency is currently pursuing for the Merged Project Area. Mayor Pro -Tem Hanks offered the following two Ordinances entitled: AN ORDINANCE OF THE CITY OF AZUSA APPROVING AN AMENDMENT TO THE I" Rdg Ord REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END Amend CBD, REDEVELOPMENT PROJECT AREA, ADOPTING AN EMINENT DOMAIN PROGRAM FOR THE West End MERGED PROJECT AREA PURSUANT TO SENATE BILL 53 AND DIRECTING AGENCY STAFF SB 53 TO RECORD A REVISED STATEMENT OF PROCEEDINGS PURSUANT TO SENATE BILL 1809. 06/04/07 PAGE SEVEN AN ORDINANCE OF THE CITY OF AZUSA APPROVING AN AMENDMENT TO THE 1" Rdg Ord REDEVELOPMENT PLAN FOR THE RANCH CENTER REDEVELOPMENT PROJECT, ADOPTING Amend Ranch AN EMINENT DOMAIN PROGRAM FOR THE RANCH CENTER REDEVELOPMENT PROJECT Center AREA AND DIRECTING AGENCY STAFF TO RECORD A REVISED STATEMENT OF SB 53 PROCEEDINGS Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales and unanimously Introduced carried to waive further reading and Introduce the proposed ordinances. City Manager Delach requested that item regarding the Refuse Rate Adjustment be removed Refuse Rate from the agenda and it will be brought back at a later date. Adjust rmvd 'The CONSENT CALENDAR consisting of Items D-1 through D-8 was approved by motion of Consent Cal Councilmember Gonzales, seconded by Mayor Pro -Tem Hanks and unanimously carried with Items D-4 8.6 the exception of items D-4 and D-6, which were handled under the Special Call portion of Special Call the Agenda. Mayor Rocha abstained from the minutes as he was absent from that meeting. 1. The minutes of the regular meeting of May 17, 2007, were approved as written. Min appvd (Mayor Rocha abstained) 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or regular Appointments: R. Arevalo B. Saenz, H. Hamilton, C. Items Cusick, and M. Gomez-Villegas. 3. The City Treasurer's Report as of April 30, 2007, was received and filed. Treas Rpt 4. SPECIAL CALL ITEM. Spec Call 5. Authorization was given for the Mayor to sign letters of support o behalf of Assembly Ltrs of support Bills 1010 and 1114 which promote the Issues of cleanup and improved utilization of AB 1010 & the San Gabriel Valley's groundwater resources. - 1114 6. SPECIAL CALL ITEM. Spec Call 7. Authorization to solicit request for proposals for professional civil engineering RFP Civil services was approved. Engr sys 8. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 07-C40 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHiCH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS Discussion was held between Councilmembers and staff regarding the RFP for Exclusive Franchise Tow Agreement; the consensus was that the City should maintain a rotating Tow Agreement. Captain Gonzales and Mr. Jim Touchstone of BBI( responded to questions regarding past performance, what Is required of the tow operators, Le. equipment, duty operators, required spaces, response time, and specifications. Captain Gonzalez explained the rationalization for an exclusive tow agreement and after further questions and discussion It was moved by Mayor Pro -Tem Hanks, seconded by Councilmember Macias and unanimously carried to direct staff to negotiate with existing tow truck operators for improved terms to the agreement with longer terms i.e. four years with three one year extensions and direct staff to extend existing contracts for a period of about six months to the end of the year. ' Director of Public Works/Assistant City Manager Makshanoff addressed questions posted regarding the L.E.D. Marquee stating that staff met with IT and City Cleric staff and found that there was a need for a software system which would be Microsoft Vista compliant In order for the clerics' office to have access to the marquee remotely from the office. RFP specifications were sent to three companies, two responded, one was late. Custom Signs responded with a bid of $46,993, Vista compliant and Ad Art Sign Company responded with a bid of $33,995, not Vista compliant; the last company's bid was a little over $49,000. Custom Signs did the L.E.D. for Azusa Light and Water as well as Glendora City Hall. Staff was unable to verify references provided by Ad Art. Mr. Makshanoff stated that there will be assistance from Light and Water in the amount of up to $10,000 for the new marquee from its energy efficiency account. 06/04/07 PAGE EIGHT Special Call RFP for Franchise Tow Agmt.. Staff directed Extend existing Agmts & Negotiate J. Makshanoff Comments L.E.D. Marquee Moved by Councilmember Macias, seconded by Councilmember Carrillo and unanimously L.E.D Marquee carried that authorization be given to award contract to provide fabrication 8, installation of a To Custom L.E.D. marquee for City Hall to Custom Signs Inc. of Azusa in an amount not to exceed Signs Inc. $46,993. THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 11:15 CRA convene P.M. THE CITY COUNCIL RECONVENED AT 11:30 P.M. Cncl reconvene UPCOMING MEETINGS: 'June 11, 2007, Board and Commission Interviews - 6:30 p.m. (LISW) Upcoming June 18, 2007, City Council Meeting - 6:30 p.m. (Auditorium) Meetings June 25, 2007, Utility Board Meeting - 6:30 p.m. (Murray School) July 2, 2007, City Council Meeting - 6:30 p.m. (Auditorium) i Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously Adjourn carried to adjourn in memory of Raymond Corcoran, Mary Almer, Joanne Zarate Soldano, in memory of Earl Salzman and Frank "Flip" Fliedner. TIME OF ADJOURNMENT: 11:30 P.M. CITY CLERK NEXT RESOLUTION NO. 2007-C42 NEXT NO. 2007-06. 06/04/007 PAGE NINE