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HomeMy WebLinkAboutMinutes - June 18, 2007 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, JUNE 18, 2007 — 6:30 P.M. The City Council of the City of Azusa met in regular session at the above date e.nd time In the Azusa Auditorium. CLOSED SESSION Closed Sess The City Council recessed to Closed Session at 6:30 p.m. to discuss the following: Recess (Councilmember Macias entered the meeting during Closed Session) CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Conf w/Labor Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiator Organizations/Employee: APOA APOA LIABILITY CLAIMS (Gov. Code Sec. 54956.95 Liab Claim Claimant: John Lyda J. Lyda REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Address: 850 W. Tenth Street, Azusa, CA 91702 850 W. Tenth Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: Arthur B. Ramirez, Ramirez Masonry Under Negotiation: Price and Terms of Payment CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. Conf w/Legal 54956.9(x)) Cnsl Case Name: Scott Witter v. City of Azusa Witter Worker's Compensation Appeals Board Case No. VN00530133 The City Council reconvened at 7:42 p.m. City Attorney Carvalho advised that there was no No Rpts reportable action taken in Closed Session. 7:43 P.M. - REGULAR MEETING OF THE CITY COUNCIL. Mayor Rocha called the meeting to order. Ms. Alyssa Zamora led in the salute to the Flag. INVOCATION was given by Pastor Eddie Velasquez of Jesus Is Lord Church ROLL CALL PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE Rglr Mtg Call to Order Flag Salute Invocation Roll Call i ALSO PRESENT: City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Azusa Police Chief Garcia, Director of Utilities Hsu, Director of Public Works/Assistant City Manager Makshanoff, Economic Development Director Coleman, Tierra West Consultant Jose Ometeotl, Public Information Officer Quiroz, Administrative Services Director -Chief Financial Officer I(reimeier, Library Director Tovar, Library Adult Services Supervisor Shahsavari, Youth Services Librarian Hassen, Director of Human Resources Hanson, Assistant Community Development Director Onaga, City Clerk Mendoza, Acting Deputy City Clerk Hernandez. PUBLIC PARTICIPATION Also Present Pub Part Mr, Mike Lee expressed his sorrow over the passing of Councilmember Gonzales' sister, M. Lee Teresa Lira and Russ Rentschlers' mother, Mrs. Johnson. He expressed his appreciation to Comments all who participated in the weekend events, to those responsible for the choices for commissioners, and announced the new Michael Moore movie. Ms. Peggy Martinez announced that Miss Azusa, Jamie Pezolo and Miss Outstanding Teen, P. Martinez Jamie Alvarez will be going to State Competition; she asked that Council send a card to the Comments women to encourage them and show their support. Ms. Laura Jimenez addressed Council announcing that Assemblyman Ed Hernandez will be L. Jimenez hosting a Public Safety Summit on Gang Prevention and Intervention on Friday, June 29th Comments from 9 a.m. to 12 p.m. at La Puente High School; she also stated that he has successfully Comment pushed forward 17 out of 20 Assembly Bills during his term. Ms. I<evann Lamkin addressed Council expressing her concern regarding the Rosedale K. Lamkin Development, i.e. no sound wall, elevation is too high, and noise of Metrolink train. City Comments Attorney Carvalho responded stating that under Federal Regulations the train has to blow its horn when going through construction. Ms. Alyssa Zamora addressed council requesting that a sidewalk be placed along 4'h Street A. Zamora west of Angeleno for the safety of students; she noted that there are unleveled with rocks, Comments etc. A bouquet was presented to her on behalf of the Council. Summer Rdg Mr. Art Morales requested that the Assembly Bills authored by Assemblyman Ed Hernandez A. Morales be published in the newspaper so that they can be understood; he expressed concern Comments regarding proposed street sweeping and suggested that it be done at the same time of day Instead of one half in the morning and the other in the afternoon; he requested explanation on item regarding appropriations limit. Gonzales Mr. Jorge V. Rosales thanked City Manager Delach for responding to him regarding the J. Rosales budget, for especially taking time to discuss it with him; thanked Assistant City Manager Comments Person for submitting copies of signs with regard to item C-4, and thanked Assistant to the Utilities Director I<alscheuer for responding to his questions regarding Refuse Rates. REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates City Manager Delach responded that he would look into the issues surrounding the Monrovia City Mgr Nursery construction and the railroad crossing at Palm Drive and height elevation; he stated Comment that that was the plan and nothing has changed for some time. Moved by Mayor Rocha, seconded by Mayor Pro -Tem Hanks and unanimously carried that a Cert of Rec Certificate of Recognition be prepared and presented to Mrs. Barbara Dickerson, the B. Dickerson recipient of the YWCA Women of Achievement award for her work in the field of education. Library Adult Services Supervisor Shala Shahsavari and Youth Services Librarian Leila Hassen S. Shahsavari to announced this year's Summer Reading Program, GET A CLUE @ YOUR LIBRARY, to be L. Hassen held from June 25 — August 14. Summer Rdg Mayor Pro -Tem Hanks expressed thanks to Captain Sam Gonzales for the research on the Hanks proposal for the Tow Servi:.e Contract; he announced that AAA will be participating in the Comments Amateur Radio on Saturday at the Police Department and provided an overview of the program and its activities. Councilmember Gonzales expressed a heartfelt thanks to all who sent condolences to him Gonzales and his family regarding the loss of his sister, Teresa Gonzales Lira. Comments 06/18/07 PAGE TWO Councilmember Macias announced that the Azusa Sister City Adult Exchange to Zacatecas is Macias September 13'h — 17'h, the cost is $481.00 per person and invited and encouraged all to Comments attend; he announced Casino Night a the Azusa Woman's Club on Friday, June 22ntl from 7 p.m. — 1 1 p.m., all proceeds go to Youth Programs; he asked that the meeting be adjourned in memory of Mrs. Joe Johnson. Councilmember Carrillo wished all dads a Happy Father's Day, and congratulations to all Carrillo graduates for passing exit exams, and thanked the AUSD for its hard work. He congratulated Comments Parks and Recreation for another project completed at Slauson Park. He reminded all that they are representatives on Regional Boards, and he was recently elected to the Board of Directors of the League of California Cities. 'Mayor Rocha requested that the meeting be adjourned in memory of Don Clark, Teresa Gonzales Lira, and Mrs. Joe Johnson. He announced that Azusa schools are offering free lunches during the summer from June 20 — July 24, from 10:30 a.m. — 11:30 a.m., at Gladstone elementary, Murray elementary, and Slauson middle school. City Manager Delach responded to question regarding the lot next to Arby's stating that it is a staging area for the County Sewer Project. Mr. Rocha asked that the information report regarding current projects be made available to the public and also to keep all soldiers in prayer. SCHEDULED ITEMS PUBLIC HEARING — WATER RATE INCREASE. Utilities Director Hsu addressed the Hearing stating that this is regarding water rate increases, one to become effective July 1, 2007 and the other in July 1, 2009; based on Proposition 218 requirements there was a 45 day notice requirement, 20 thousand notices were sent out to property owners/customers, 400 were undeliverable and returned and one objection was received from a customer in the City of Glendora. He presented a slide presentation stating that based on 2000 Water Master Plan the City requires a new Treatment Plant, the existing one is obsolete and under capacity; the limited capacity is due to population growth and the technology does not meet certain health department requirements. He detailed the following: the need to maintain reserve, service and expenditures, Increase on debt service, expanding and the cost for expanding, replacement of water mains and the cost, what would happen if there is not rate increase, how the reserves will be affected; existing debt service ratio will not be made, rate is based on type of use, the Cost of Service Study; he explained the protest process; revenue requirement and distribution, others costs meter readers, etc.; explained how the costs are categorized by class; fixed cost adjustment based on meter; gave current rates and proposed increased rates based on meter size; consumption is also divided into different group based on cubic feet, from which proposed increase was figured; gave comparison with other companies charges, and gave breakdown per customer. He responded to questions posed by Councilmember regarding service area and cost of treatment plant. Rocha Comments Sched Items Pub Hrg Water Rate Inc The Mayor declared the Hearing open. City Clerk read affidavit of proof of publication of Hrg Open notice of said hearing published in the San Gabriel Valley Tribune on May 4, 2007. Utilities Director Hsu noted the following corrections on Exhibit A; letter D Fire Service Dir of Util Charge, to read as follows: $58.40 to go up on 7/1/2007 to $61.90 and on 7/1/2009 to Comments $65.61; and $8.18 to go up on 7/1/2007 to $8.67 and on 7/1/2009 to $9.19. Testimony was received from: Testimony Ms. Maureen Tomes addressed the Hearing and asked If this was residential and commercial M. Tomes businesses. Staff responded that It was. Comments Mr. Greg Ahern addressed the Hearing and asked if the meter charge is a monthly charge G. Ahern and about the fire sprinkler system at Mountain Cove. Mr. Hsu responded stating that the Comments 'meter charge is a monthly fixed charge, a minimum charge, and that Mountain Cove customers with fire sprinkler system, there is a special rate, they are different from a 2 inch meter charge, they are discounted charged based on residential charge. Mr. Jorge Rosales addressed the Hearing requesting elaboration on increase to the meter J. Rosales charges. Mr. Hsu responded stating that meter charge Is a fixed charge for customer service Comments charge; he detailed charges according to meter size and Federal Regulations. Mr. Kaischeuer responded stating they no longer allocate cost across the board; costs are allocated based on different customer class. Mr. Hsu advised the increases for 2009 are across the board. 06/18/07 PAGE THREE Mr. Art Morales addressed the Hearing asldng if they are using some of the money to pay A. Morales off old bilis, does the city have insurance to cover losses; he suggested native shrubs, Comments manufactured turf, and out sourcing and upgrading system. Mr. Hsu responded to question regarding paying old bills and Insurance stating that it was during the energy crisis and is regarding the electric not water. Mr. Alan Lassitor addressed the Hearing asking if the increase is for existing houses or and if A. Lassitor it include the new Rosedale housing and APU building. City Manager Delach responded that Comments it is for all Azusa customers and noted that the current residents will not be subsidizing for new customers. Mr. Hsu responded that the new houses in Glendora are not within the service area. ' Councilmember Macias explained further the need for the increase, incentive programs Macias available and encouraged the residents to contact Public Benefits Coordinator Paul Reid for Comments more information. Mayor Pro -Tem Hanks pointed out rates based on cubic feet and explained how it works; he Hanks expressed concern regarding the decrease in reserves and what needs to be done; he Comments supports the increase. Councilmember Carrillo noted his support for the increase in water rates as well as the need Carrillo for it. Comments Moved by Mayor Rocha seconded by Mayor Pro -Tem Hanks and unanimously carried to Hrg closed close the Public Hearing. Mayor Pro -Tem Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, TO ADOPT NEW WATER Res. 07-C42 RATES EFFECTIVE JULY 1, 2007, AND JULY 1,2009. (6% water rate adjustment effective July Water Rate Inc 1, 2007, and a second 6% water rate adjustment effective July 1, 2009.) PUBLIC HEARING— AN APPEAL TO DENY A REQUEST FOR A MINOR USE PERMIT MUP Pub Hrg 2006-28, 792-794 EAST ALOSTA AVENUE. MUP 2006-28 Assistant Community Development Director Onaga addressed the Hearing and explained the Com Dev Dir reasons for the denial to allow off -sale of beer and wine at Los Zorros Meat Market. He Comments detailed basis for denial as follows: The ratio of off -sale retail licenses to population in the census tract in which the premises are located exceeds the ratio of off -sale retail licenses to population in the County; or the applicant premises are located within a "high crime" area according to Police Department statistics. He stated that the appellant complained that crime rates were not broken down; he further explained other reasons for the denial, such as concentration, adjacent land uses, and proximity of other places that sell alcohol. He then answered questions posed by Councilmembers regarding comparison with other close locations that sell alcohol. The Mayor declared the Public Hearing open. City Clerk read affidavit of proof of publication Hrg open ' of notice of said hearing published in the Azusa Herald on June 7, 2007. Mr. Jorge Betancourt, the appellant, addressed the Public Hearing explaining that the crime J. Bentancourt rate information given to him was based on the entire city; he distributed pamphlets to Comments Council to show the sale of businesses in surround areas which contradict Planning Commission findings. He responded to questions posed by Councilmembers. The following persons addressed the public hearing and expressed their opposition to allow Testimony off -sale of beer and wine at that location: Yolanda Pena, Art Morales, Mark Dickerson, and Jorge Rosales. Ms. Lucia Serna addressed the Hearing in favor of the sale of beer and wine. 06/18/07 PAGE FOUR Moved by Mayor Pro -Tem Hanks seconded by Councilmember Carrillo 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: COUNCILMFMBERS: NONE PUBLIC HEARING— AN APPEAL TO DENY A REQUEST FOR A MINOR USE PERMIT MUP Pub Hrg 2006-28, 792-794 EAST ALOSTA AVENUE. MUP 2006-28 Assistant Community Development Director Onaga addressed the Hearing and explained the Com Dev Dir reasons for the denial to allow off -sale of beer and wine at Los Zorros Meat Market. He Comments detailed basis for denial as follows: The ratio of off -sale retail licenses to population in the census tract in which the premises are located exceeds the ratio of off -sale retail licenses to population in the County; or the applicant premises are located within a "high crime" area according to Police Department statistics. He stated that the appellant complained that crime rates were not broken down; he further explained other reasons for the denial, such as concentration, adjacent land uses, and proximity of other places that sell alcohol. He then answered questions posed by Councilmembers regarding comparison with other close locations that sell alcohol. The Mayor declared the Public Hearing open. City Clerk read affidavit of proof of publication Hrg open ' of notice of said hearing published in the Azusa Herald on June 7, 2007. Mr. Jorge Betancourt, the appellant, addressed the Public Hearing explaining that the crime J. Bentancourt rate information given to him was based on the entire city; he distributed pamphlets to Comments Council to show the sale of businesses in surround areas which contradict Planning Commission findings. He responded to questions posed by Councilmembers. The following persons addressed the public hearing and expressed their opposition to allow Testimony off -sale of beer and wine at that location: Yolanda Pena, Art Morales, Mark Dickerson, and Jorge Rosales. Ms. Lucia Serna addressed the Hearing in favor of the sale of beer and wine. 06/18/07 PAGE FOUR Moved by Councilmember Gonzales seconded by Mayor Pro -Tem Hanks to close the Public Hrg closed Hearing. Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, DENYING, ON APPEAL, A Res. 07-C43 MINOR USE PERMIT WHICH WOULD HAVE ALLOWED THE OFF-SITE SALE OF BEER AND Denying Minor WINE IN CONJUNCTION WITH A CONVENIENCE STORE. CASE NO.: MUP 2006-28; Use Permit LOCATION: 792-794 E. ALOSTA AVENUE. 2006-28 Moved by Councilmember Macias seconded by Councilmember Gonzales 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 THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AND THE CncI/CRA & AZUSA PUBLIC FINANCING AUTHORITY AT 10:09 P.M. TO CONSIDER THE FOLLOWING: APFA convene FISCAL YEAR 2007/08 CITY, AZUSA PUBLIC FINANCING AUTHORITY, AND REDEVELOPMENT FY 2007/08 AGENCY BUDGET ADOPTION. Budgets Administrative Services Director/Chief Financial Officer Kreimeier stating that the combined A. Kreimeier operating budget was reviewed at a meeting on May 291h in detail; Council gave tentative Comments approval to the budget and directed staff to make certain amendments which are included as attachment "A" before the Council; he requested that Council adopt the budget with amendments as presented. City Manager/Executive Director Delach responded to questions posed regarding proposals by Council and stated that they will come back before City Council at the next Utility Board meeting to discuss the Supplemental requests by Chamber of Commerce and other proposals, that should not be included at this time. The Budget Amendments to be considered are: $5,000 Community Promotion Advertising Expense (City Hall on the Move noticing), $5,000 Citizens' Beautification Projects and $20,996 Library Additional Hours/part-Time Salary Adjustment. City Attorney/General Counsel Carvalho responded to questions regarding proposed salary increases in 07-08 for the ten contract employee department heads, stating that the Council adopted an ordinance authorizing the City Manager to approve contracts and that there is a need to go through the evaluation process to approve Increases; the Council's allocation approved in the budget sets aside the money in the event the City Manager uses his discretion based on the ordinance to grant, based on evaluation, Increases to people hired by contract. She also responded to question regarding anniversary dates, which may be several different dates. She reiterated that the only way employees would receive additional "pay for performance" is if they meet certain performance standards, which were previously established. Administrative Services Director/Chief Financial Officer Kreimeier responded to questions regarding the Vehicle License Fees (VLF) stating that several years back the State took some funds away from local government to balance its own budget and as part of that action they reduced the VLF and gave the City money to backfill that; subsequently, the State made the backfill revenue equivalent to property tax of which the City has had significant assessed valuation growth within the past two years and the VLF has been going up by 10% and 20% and they are ongoing revenues. Councilmember Macias offered a Resolution entitled: City Mgr Delach Comments City Attorney Comments A. Itreimeier Comments A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE BUDGET Res. 07-C44 AND APPROVING APPROPRIATIONS FOR THE CITY OF AZUSA FOR THE FISCAL YEAR Approving COMMENCING JULY 1. 2007 AND ENDING JUNE 30, 2008. City Budget Moved by Councilmember Macias, seconded by Mayor Pro -Tem Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: 06/18/07 PAGE FIVE AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCiLMEMBERS: NONE Director Macias offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE Res. 07-R17 CITY OF AZUSA ADOPTING THE OPERATING BUDGET AND APPROVING APPROPRIATIONS Approving CRA FOR THE REDEVELOPMENT AGENCY FOR THE FISCAL YEAR COMMENCING JULY 1, 2007 Budget AND ENDING JUNE 30, 2008. Moved by Director Macias, seconded by Director Hanks to waive further reading and adopt. I Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Board Member Macias offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE AZUSA PUBLIC FINANCING Res. 07-P1 AUTHORITY ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE Approving AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2006 AND ENDING JUNE 30, APFA Budget 2008. Moved by Board Member Macias, seconded by Board Member Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Authority: AYES: BOARDMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: NONE - THE REDEVELOPMENT AGENCY AND THE AZUSA PUBLIC FINANCING AUTHORITY CRA✓i_APFA RECESSED AT 10:27 P.M., AND THE CITY COUNCIL CONTINUED. Recessed Cncl continued IMPLEMENTATION OF RECOMMENDATIONS BY THE AZUSA CITIZENS' COMMITTEE FOR ACCFCC CODE COMPLIANCE REGARDING THE DEFINITION AND PERMITTED USES, PARKING AND Rec. STORAGE OF RECREATIONAL VEHICLES Assistant City Manager Person addressed the issue presenting the recommendations by the ACCFCC regarding Definition and Permitted Uses, Parking and Storage of Recreational Vehicles noting that staff agrees with the expanded definition of terms recommended by the Committee and is in agreement with the parking and storage of recreational vehicles on private property, but noted that staff differed with the recommendation regarding the areas associated with the city administering a temporary street -parking permit program for visitors with recreational vehicles. Lengthy discussion was held between Councilmembers and staff regarding the issuing of permits for RV parking for visitors; the additional burden to city staff with regard to issuing, monitoring and enforcement of the permit for RV parking. Staff has recommended that the 72 hour limit be left In place but not enforce It during the holidays; it was noted that there is a need to define which holidays as well as time frame before and after, in addition potential ' costs and real impacts, and design of permit. Additional discussion was held regarding residential RV parking noting there Is a need to revisit anything to do with the permitting program definition. Further, with regard to RV storage and setbacks, staff feels that there is a need to have two definitions, i.e. for the large vehicle which is mobile and that would be limited to setback, and motor bikes another definition, this will be included in further review. Lengthy discussion was held regarding the issue of setbacks; the majority of the Council were in favor of Committee recommendations; staff advised they would come back with a diagram of how it would work and responded to other questions. Assistant City Manager advised that he would come back with the remaining items of all the issues at the next possible meeting. 06/18/07 PAGE SIX Assist City Mgr Comments ACCFCC Recommend RV parking Lengthy Discussion AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, ADDING A PROHIBITION Prohibition CONCERNING RESIDENTIAL FRONT YARD PARKING Front Yard Pkg Economic Development Director Coleman addressed the Issue stating that this proposed ordinance would add a section to the Azusa Municipal Code to prohibit front yard parking, which has a negative impact on the neighborhoods. He noted that the City previously prohibited front yard parking, but it was inadvertently left out of the Code with the new Development Code was incorporated. He further noted that this would help improve aesthetics, and responded to questions posed by Councllmembers. Councilmember Macias offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 74 OF THE AZUSA MUNICIPAL CODE REGARDING RESIDENTIAL FRONT YARD PARKING Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously carried to introduce the proposed ordinance. B. Coleman Comments I" Rdg Ord Prohibition Residential Front Yard Parking The CONSENT CALENDAR consisting of Items D-1 through D-12 was approved by motion of Consent Cal Councilmember Carrillo, seconded by Mayor Pro -Tem Hanks and unanimously carried with Items the exception of items D-4, 7, 8, and 10, which were considered under the Special Call portion of the Agenda. 1. The minutes of the regular meeting of June 4, 2007, and the special meeting of May Min appvd 10, 2007, were approved as written. 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or regular Appointments: N. Covarrublas, C. Grant, J. Landa, J. Items Retana, D. Baird, and R. Ryan. New Appointments: M. Czarnota, Meter Reader, P. Adame, Meter Reader, and P. Smith, Assistant Planner. 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE Res. 07-C45 INVESTMENT POLICY. Invest Pol 4. SPECIAL CALL ITEM. Spec Call 5. Approval was given to award the Novell software maintenance and licensing agreement Novell Maint in the amount of $16,812.00 to CDW-G (Computer Discount Warehouse — l;_ Lic Agmt Government). CDW-G 6. Formal bidding procedures were waived and approval was given for the annual Software Maint software maintenance and support agreement to be awarded to SIRSI Corporation, in SIRSI the amount of $22,805.00. 7. SPECIAL CALL ITEM. 8. SPECIAL CALL ITEM. Spec Call Spec Call 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS Res. 07-052 INTENTION TO VACATE AND ABANDON A PORTION OF THE ALLEY WEST OF Vacation alley ALAMEDA AVENUE BETWEEN FOOTHILL BOULEVARD AND 6'" STREET IN THE CITY OF Block 36 AZUSA. 10. SPECIAL CALL ITEM. Spec Call 1 1. The Agreement renewal with LA Works for FY 2007/08 was approved and the City Agmt w/LA Manager was authorized to execute the agreement in the amount of not to exceed Works $28,929. 12. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 07-053 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. 06/18/07 PAGE SEVEN 1 SPECIAL CALL ITEMS Councilmember Macias asked about the obligation to Increase the refuse rate. Assistant Director of Utilities Kalscheuer responded stating that the City has an exclusive franchise agreement with Athens Services which requires an annual adjustment based on changes in disposal costs from year to year and cost of living adjustment by consumer price index change; they are set forth in the contract and require a rate adjustment which goes into effect July 1. All property owners are being notified in accordance with proposition 218, and hence the notification of the public hearing. He responded that the 7% increase is based on a combination of the cost of living adjustment as termed by CPI which is 3+%, plus changes in disposal costs from year to year. City Attorney Carvalho responded to question regarding the Exclusive Franchise Agreement with Athens and the basis for the contract; further the requirements of Proposition 218, which requires noticing to all property owners and costs for mailing; which she noted staff would ask Athens if they would cover the cost. Councilmember Macias noted that he is in opposition to the increase as well as paying cost for mailing. Discussion was held regarding the evergreen clause in the Athens Contract. Special Call Macias Questions Refuse Public Hearing Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously Public Hearing carried that staff be authorized to provide notice to all property owners of record of a public Refuse Rates hearing to be held on August 6, 2007 to consider proposed refuse rate adjustment; and Authorized approval was given for a budget amendment In the amount of $15,000 to print and mail public notice. City Manager Delach detailed the background surrounding the Gann Limit, which came about City Mgr as a result of a taxpayer initiative shortly after Proposition 13, the intent was to limit the Comments expenditures of cities based on a formula that include the CPI, the city's income and the city's population growth; in an effort to control or limit the money the city receives. Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING AN Res. 07-C46 AMENDED APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2007-08 PURSUANT TO ARTICLE Gann Limit XIIIB OF THE CALIFORNIA CONSTITUTION. Moved by Councilmember Macias seconded by Councilmember Gonzales 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 Mayor Rocha congratulated all newly appointed members of City Boards and Commissions and City Attorney Carvalho advised that they will not be sworn in until their first meeting; so If they are members of other committee they could attend in order to have a quorum at those meeting. Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously carried that the following resolutions be adopted appointing members to various City Boards and Commissions: Rocha/Carvalho Comments A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING LALISA C. Res. 07-C47 MORGAN TO THE HUMAN RELATIONS COMMISSION. L. Morgan A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING NAPHA Res. 07-C48 PHYAKUL QUACH TO THE HUMAN RELATIONS COMMISSION. N. Quach A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING VICTORIA Res. 07-C49 CRUZ TO THE LIBRARY COMMISSION. V. Cruz A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING SANDRA Res: 07-050 RENTSCHLER TO THE PLANNING COMMISSION. S. Rentschler A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA. APPOI NTI NG JORGE V. Res. 07-051 ROSALES TO THE PLANNING COMMISSION. I J. Rosales 06/18/07 PAGE EIGHT Councilmember Macias addressed item regarding the RFP for a Legislative LiaisoNLobbyist, Macias stating that he would like the position to be goals specific. City Manager Delach responded Comments stating that the draft agreement would be brought back to Council before the final approval. Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously RFP Lobbyist carried that authorization be given to solicit a Request for Qualifications for a Legislative Liaison/Lobbyist. THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 11:38 P.M. THE CITY COUNCIL RECONVENED AT 11:39 P.M. 'THE CITY COUNCIL RECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY CONVENED AT 11:39 P.M. THE CITY COUNCIL RECONVENED AT 11:40 P.M. 11 Mayor Pro -Tem Hanks offered an Ordinance entitled: AN ORDINANCE OF THE -CITY COUNCIL OF THE CITY OF AZUSA APPROVING AMENDMENTS TO CHAPTERS 88.24.005, DISTRICTS; 88.26.005, CORRIDORS; 88.27, OVERLAY ZONES, AND 88.28, SPECIAL PURPOSE ZONES, OF THE CITY OF AZUSA 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 -Terri Hanks seconded by Councilmember Carrillo to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mayor Pro -Tem Hanks offered an Ordinance entitled: AN ORDINANCE OF THE CITY OF AZUSA APPROVING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA, ADOPTING AN EMINENT DOMAIN PROGRAM FOR THE MERGED PROJECT AREA PURSUANT TO SENATE BILL 53 AND DIRECTING AGENCY STAFF TO RECORD A REVISED STATEMENT OF PROCEEDINGS PURSUANT TO SENATE BILL 1809. Moved by Mayor Pro -Tem Hanks seconded by Councilmember Macias to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilmember Gonzales offered an Ordinance entitled: CRA convene Cncl reconvene APFA convene Cncl reconvene Ord No. 07-06 Code Amend ZCA 225 Ord No. 07-07 Amend CBD, West End SB 53 AN ORDINANCE OF THE CITY OF AZUSA APPROVING AN AMENDMENT TO THE Ord No. 07-08 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 Councilmember Gonzales seconded by Mayor Pro -Tem Hanks to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMUMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 06/18/07 PAGE NINE GONZALES, CARRILLO NONE NONE MACIAS, HANKS, ROCHA UPCOMING MEETINGS: June 25, 2007, Utility Board Meeting - 6:30 p.m. (Murray School) July 2, 2007, City Council Meeting — 6:30 p.m. (Auditorium) July 16, 2007, City Council Meeting — 6:30 p.m. (Auditorium) July 23, 2007, Utility Board Meeting — 6:30 p.m. (L&W) It was consensus of Councilmembers to adjourn in memory of Don Clark, Teresa Gonzales ' Lira, and Mrs. Joe Johnson. TIME OF ADJOURNMENT: 11:43 P.M. CITY CLERK ' NEXT RESOLUTION NO. 2007-057. NEXT ORDINANCE NO. 2007-09. 06/18/07 PAGE TEN Upcoming Meetings Adjourn In memory of D. Clark, T. Gonzales Lira, Mrs. Johnson