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HomeMy WebLinkAboutMinutes - October 15, 2007 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER I5, 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, located at 213 East Foothill Boulevard, Azusa, CA, 91702. CLOSED SESSION The City Council recessed to Closed at 6:34 p.m. to discuss the following: Closed Sess CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Gov. Code Sec. 54946 (a). Conf w/Legal Case name: Richard Stanford v. City of Azusa, Case Number: Superior Court of the State of Cncl Stanford California - Case No. KC 048062. City Manager Delach announced that this Item may be continued. Mayor Rocha advised that he will be abstaining from participation of this item due to a possible conflict of interest. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Address: Block 36 (Foothill Blvd., Azusa Ave., 6" St., Alameda) Block 36 Negotiating Parties: Tom Wulf, Lowe Enterprises . Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Real Prop Neg Address: 1120 West Foothill Boulevard, Azusa, CA 91702 1 120 W. Agency Negotiators: City Manager Delach and. Assistant City Manager Person Foothill Negotiating Parties: S &S Foods Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Address: 1 140 West Foothill Boulevard, Azusa, CA 91702 1 140 W. Agency Negotiators: City Manager Delach and Assistant City Manager Person Foothill Negotiating Parties: Price Self Storage Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Address: 1030 West Foothill Boulevard, Azusa, CA 91702 1030 W. Agency Negotiators: City Manager Delach and Assistant City Manager Person Foothill Negotiating Parties: R B Fiberfab Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Address: 1020 West Foothill Boulevard, Azusa, CA 91702 1020 W. Agency Negotiators: City Manager Delach and Assistant City Manager Person Foothill Negotiating Parties: Pro Auto Electric Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Address: 1 100 West Foothill Boulevard, Azusa, CA 91702 1 100 W. Agency Negotiators: City Manager Delach and Assistant City Manager Person Foothill 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: Corley's Place Under Negotiation: Price and Terms of Payment City Attorney Carvalho advised that there was no reportable action taken In Closed Session. Mayor Rocha called the meeting to order. Nicolas Miguel Ortiz led In the salute to the Flag. Real Prop Neg 1050 W. Foothill City Attorney Comments Call to Order Flag Salute INVOCATION was given by Bishop Timothy Bradbury Monzello — The Church of Jesus Christ Invocation of Latter -Day Saints ROLL CALL PRESENT: COUNCILM.EMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Azusa Police Chief Garcia, Economic Development Director Coleman, Library Director Tovar, Director of Recreation and Family Services Jacobs, Senior Planner Cole, Public Information Officer Quiroz, Director of Public Works/Assistant City Manager Makshanoff, Azusa Police Captain Gonzalez, Rosedale Project Manager Bruckner, Tlerra West Consultants Ometeotl and Monge, City Clerk Mendoza, Deputy City Clerk Toscano. CEREMONIAL Mayor Pro -Tem Hanks presented a Certificate of Appreciation to Elisa Clifford for Southern California Edison, for their cooperation and efforts at assistance with the Rosedale Power Line Relocation Project. Roll Call Also Present Ceremonial Cert of Apprec SCE The entire Council presented a proclamation to Nicholas Miguel Ortiz who attained the rank Proc N. Ortiz of Eagle Scout. Eagle Scout PUBLIC PARTICIPATION Pub Part Mr. Art Ramirez addressed Council thanking the City, City departments, AVSD, APU, A. Ramirez Downtown Business Association and Chamber of Commerce for all their help with the Comments success of the Azusa Golden Days Celebration Ms. Irene Villa ania, Executive Director of the Azusa Chamber of Commerce I. Villalpania P provided an Executive Dir update of Chamber activities as follows: three new members, attendance at Chamber Df Congresswoman Solis' Townhall meeting, Learning of Leaders Seminar, iCSC, ribbon cutting Commerce Foothill Car Wash and Cinnabon, Azusa Day at the Los Angeles County Fair, Taste of the Town. She detailed upcoming events, noting the Candidates Forum on Thursday, October 25, 2007, at the Azusa Auditorium at 7:00 p.m. Ms. Mercedes Castro thanked all who participated in Golden Days noted that; they hosted M. Castro Taste of the Town event with donations from Canyon City Barbeque and Jakes; she noted Comments ' that she is in favor of the CDBG funds to go to IL Forno and Jakes. Mr. Mike Lee addressed Council requesting that the meeting be adjourned in memory of M. Lee Wrakos Stepanian longtime Azusa business owner. He greeted many people In the Comments community, commended all who participated in Golden Days and reminded all about the upcoming poverty summit. Mr. Ned Miller announced the new Glendora Dental Surgery Center in San Dimas that will N. Miller service all surrounding areas; he stated that he passed out flyers during Golden Days, Comments . advised that he was CEO at San Dimas Community Hospital, and stated that he would be Joining the Azusa Chamber of Commerce. 10/15/07 PAGE TWO Mr. David Toyoma President & Broker of Coldwell Banker addressed Council detailing his D. Toyoma part in the development of a program to assist low to moderate income buyers' purchase Comments their first home. He requested that he be selected to administer the program. Mr. Eddie Alvarez announced the Saint Frances of Rome School Annual Golf Tournament E. Alvarez Fundraiser on Friday, November 23, 2007; cost will be $100 per person. He stated that the Comments Knights of Columbus will be hosting a luncheon at Steak and Stein; they are looking for tee - sponsorships of $150 or foursomes at $500. For further information contact Mike Helvert at (626) 334-9853, Fernando & Lily Rubio (626) 969-9175 or himself at (626) 812-0109, the Information is on Cable Television. He stated that there will be many raffles and prizes and the funding will go towards new computer lab for Saint Frances school. 'Ms. Ilean Ochoa addressed Council stating that many residents are looking forward to 1. Ochoa TESCO, a new market in Azusa. She was recently in Ireland and was able to visit a TESCO Comments market in Langford Ireland; she provided photographs of the facility to City Manager. Mr. Art Morales addressed Council stating that he is please with Chamber of Commerce A. Morales reports to Council; talked about Sputnik circling the earth years ago on October 4th, and Comments expressed concern about too much funding distributed to local businesses. Ms. Andrea Cruz addressed Council regarding the Economic Development Loan Program A. Cruz stating that she never knew of such a program; she expressed concern regarding possible Comments conflict of interest if grantees are on local committees. She objected to the sale of the City Yard, noted staff and future uses will be negatively impacted, listed fiscal Impacts; questioned why Economy Auto was selected and opposed the creation of vacant lots. She was in favor of termination of DDA for Lowe. Mr. Jorge Rosales addressed Council In favor of the Economic Development Loan Program J. Rosales as it is now presented as well as the Civic Plus web content management software and Comments support services. He talked about the recommendations regarding the Lowe DDA for Block 36 and leaving the choice to Council to terminate or retain the firm; he expressed his support of retaining Lowe Developer. Ms. Peggy Martinez thanked Art Ramirez for the successful Golden Days, recognized him P. Martinez and others who represented the A -Team, Ralph Rodriguez, Henry Pedroza, Lou Salgado, Art Comments Ramirez, Peggy Martinez and others. She addressed the Economic Development Loan program stating that she is pleased that it has bee revised to benefit all the applicants; and the item regarding the extension or termination of DDA with Lowe Enterprises, she is against termination of the DDA. Mr. Ron Legault questioned if the named person on Closed Session item, Conference with R. Legault Legal Counsel, was a former Councilmember; he stated that he is glad to see the City is Comments moving forward, and suggested that a committee be formed to look into opening up highway 39 to 2. Rpts/Updates REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF City Manager Delach responded to questions from speakers stating that Economy Auto will City Mgr be purchasing a portion of the property at Tenth and Vernon as the Redevelopment Agency Responses acquired their property and has attempted to relocate every business that they have moved from their current location; they are purchasing less than a third of the total property, the rest will be retained by the City and may be used to help relocate other businesses as recommended by the Planning Commission. He responded that Richard Stanford, name of Closed Session item is a former Councllmember. City Manager Delach also announced that the upcoming Special Meeting for City Attorney City Mgr ' Evaluation and City Manager Workplan will begin at 8:30 a.m., and City Hall on the Move will Comments be held late that day at Mountain Cove. He thanked Golden Days Committee for the great event. Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously Cert "Think carried to approve a Certificate of Recognition for "Think Together" an after school program Together" designed to help kids do better in school, to be presented at the first meeting in December at 6:30 p.m. Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously Proc Adrian carried to approve a Proclamation to Adrian Acosta, Teacher of the Year in Azusa to be Acosta Teacher presented at the November 5, 2007 Council meeting. Of the Year 10/15/07 PAGE THREE Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales and unanimously Cert Nana's carried to approve a Certificate for Nana's Ice Cream, Winners at the LA County Fair. Ice Cream Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously Cert P. Hill carried to approve a Certificate of Recognition to Ms. Peggy Hill, for writing postcards to Veteran's hospitalized Veterans during the last five years on Valentines Day, to be presented on Postcards November 11 th, Veterans Day Celebration, at 11:00 a.m. Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Macias and unanimously Cert VFW carried to approve a Certificate of Welcome to VFW State Commander Norris who will be State visiting Azusa and it will be presented at the VFW on November 10, 2007. Commander ' Mayor Pro -Tem Hanks congratulated the Golden Days Committee and all who helped make Hanks the event a success. Comment Councilmember Macias requested that the engineering contractor scope of services/outline Macias be provided to Councilmembers. He thanked Art Ramirez and the Golden Days Committee Comments for another successful event and thanked the Chamber for the Taste of the Town and the Mixers provided. He talked about TESCO, Fresh and Easy coming to Azusa and provided background on the organization of who the company he works for will be selling products. Councilmember Carrillo thanked Golden Days Committee for a successful event; stated that Carrillo his new daughter Sofia is growing daily and lastly responded to comment made earlier in the Comment meeting regarding the extension of common courtesy to Councilmembers at public events. Councilmember Gonzales thanked the Golden Days Committee; thanked all for the well Gonzales attended baseball game between the City Team and the CSI Miami Team, the Gladstone Comments Azusa Football at Memorial Park and all who are responsible for City Hall on the Move. Mayor Rocha requested the meeting be adjourned in memory of Mr. I(irakos Stepanian, and Rocha Melissa Kelly; asked to keep in prayers service people in Iraq; thanked Art Ramirez and his Comments board for an excellent Golden Days Parade events as well as all who participated. He invited all to join him on Sunday, October 21" to hang banners of Soldiers serving the Country; to City Hall on the Move on Saturday, October 20`", from 11:30 a.m. to 1 p.m. at Mountain Cove; on October 23rd to the Wheel Bound Event around Azusa at 10:30 a.m. beginning at the Senior Center. He thanked Robert Gonzales for bringing the CSI Miami to Azusa. Rosedale Project Manager Bruckner presented the Quarterly Report. Ms. Sheri Gust of Cogstone presented the Paleontological Resources Report for the Rosedale site. Moved by Councilmember Macias, seconded by Mayor Pro -Tem Hanks and unanimously carried to approve the Paleontological Resources Monitoring Report with the following conditions: 1.) That the City of Azusa establish an Agency Agreement between the City of Azusa and the Natural History Museum of Los Angeles County, retaining ownership of the collection by the City of Azusa, with all rights of refusal regarding the display and/or loaning of the collection to be approved by the City, based on a recommendation by the Cultural and Historic Preservation Commission, and 2.) That any studies on the fossils that result in a publication should provide the City with two copies of the said publication: one copy to the City Manager, and one copy to the Cultural & Historic Preservation Commission. SCHEDULED ITEMS CONTINUED PUBLIC HEARING- APPEAL BY DAVID MARTINEZ, AJDM CORP. FOR DENIAL OF A CAFE ENTERTAINMENT PERMIT - 975 WEST FOOTHILL BOULEVARD, AZUSA, (D -CLUB) Senior Planner Cole addressed the hearing stating that in April 18, 2007, Mr. David Martinez, business owner of the D -Club, applied for a Caf6 Entertainment permit to allow live and D.J. ' entertainment in conjunction with full service restaurant. The permit is approved or denied by the Police Department based on two findings; the moral character of the applicant, or the manner in which the business is proposed to be conducted. On July 3, 2007, the Police Department denied the Cafe Entertainment permit based on the findings of the manner in which the D -Club is conducted, is detrimental to the public peace, health, safety, morals and welfare of the City and its inhabitants. This finding was based on the substantial information that was included in the Poiice Report. It documents, among other concerns, the over 500% increase in calls for service since the year 2004; this is in comparison to the 35 to 37 calls for service that the other bars and restaurants in the city approximate in the year 2006. Staff Is recommending that Council uphold the Police Department's decision to deny the D -Club Caf6 and Entertainment permit. 10/15/07 PAGE FOUR Rosedale Quarterly And Paleontological Resources Reports Sched Items Continued Public Hearing D -Club S. Cole Senior Planner Comments City Attorney Carvalho advised that the D -Club operator applied for the Cafe Entertainment Permit in accordance with the Azusa Municipal Code, and the Permit was denied by the Chief of Police for Health, Safety and Welfare reasons. Now that the operator has appealed the decision, Council has the following options: (1) Deny the appeal and uphold the denial of the permit if it finds that the information presented supports the Chief's decision, in the form of a staff report, materials that you receive from the operator, any testimony and or question and answers that are presented. (2) Grant the appeal and overturn the Chief's decision if the information does not support the denial of the permit, if it finds that there are no threats to Health, Safety and Welfare. (3) Or continue the appeal and request further Information. She suggested that Council consider two primary things: First; the D -Club has a Type 47 ABC license to operate a restaurant, in light of the entire record, council should determine if this is truly a full service restaurant with associated entertainment at night, or whether it is a bar and nightclub which requires a Type 48 ABC License; she explained that the difference is that a 48 license is for an on sale liquor to the general public, food is not required to be served, and minors are not allowed to enter and/or remain in the premises. Second; The D -Club has been a source of numerous calls for police service and Council should determine if the D -Club can continue to operate in a safe and responsible manners. Mr. David Martinez, Applicant, addressed the Public Hearing, referring to a report prepared by staff, stating that the property was built In 1966 as a restaurant, and since then, it has been consistently licensed as a restaurant with bar and entertainment uses. In 1996, the city allowed a dance floor which occupied 38% of the customer service area, making it look as restaurant and a night club; presented a Fire Department Report, which was copied to the Building Department, dated October 10, 2003, that describes this business as a restaurant, bar and night club; presented his ABC application dated August 1, 2002, at which time the ABC Commission reviewed the plans provided by the City, to ensure that the premises would continue with the same use before they issued his permit. His business has operated as a night club since 2002 and now that the City is the landlord; they want to run his business out of town without any compensation. He further stated that he was never notified that he was running his business without the required permits, and the city advised him to apply for them only as a formality. The City shut him down illegally in November 2006, on the basis that Azusa does not want to be the owner of a gay club. He hired a legal counsel who helped him re -open in January 2007. After his re -opening, he received a letter from the City Attorney stating that the City is prepared to issue a Cafe Entertainment Dance Permit with conditions as outlined in the letter. He stated that this is a breach of contract, because the City was aware that his business was a night club before they purchased the property. Mr. Martin Kaufman, Counsel for AJDM Corporation, representing Mr. Martinez, addressed the hearing stating that this is a unique situation, because the City is also acting as a private landlord. He feels that this is discriminatory practice toward Mr. Martinez and the public at large. He referred to reports prepared by the City Attorney and Mr. Martinez, that in November, after the City decided to plan redevelopment, Mr. Person came to the D -Club with law enforcement and threatened to close down their business. In regards to the City Attorney's report, there is no evidence of Mr. Person's commentaries, or follow up events that occurred in conjunction with this event, but it was clear the City did not want a gay club operated in the City. Regarding ads, included in the report, created by AJDM Corporation for Club Rumors, AJDM caters to people with alternative life styles, for which the City has a direct problem. The city made the determination that it was going to set up a police state blocking multiple entrances to the D -Club. He stated that the report prepared by the Police Department to deny this permit, focuses on extensive law enforcement action at the D -Club, which clearly lack any evidence that Mr. Martinez acted in any illegal manner, or acted Inconsistent with the Health, Safety, Welfare or Goodwill of the City of Azusa and its residents. Mr. Kaufman disputed the 500% percent increase in calls for service at that location since 2004; these calls are not from residents calling from an industrial area at midnight, these calls are from police personnel stationed at this location for traffic stops, public urination, and they all have been addressed by Mr. Martinez. He talked about an event that happened in July of last year, where a fight broke out in the parking lot of the D - Club, and a CBS news DVD was included in the report. The news report states that the fight started at the 210 Freeway and it ended at the parking lot of the D -Club, which had nothing to do with Mr. Martinez' operation. He questioned the evidence that in May, before the City purchased the property, a subordinate to the Chief made positive comments regarding the club. However, within a year, the city tried to close It down, following the event of the night for alternative life style people. In November 27, City Attorney advised the D -Club that they were in default on its lease because the City didn't know it was operating as a restaurant nightclub. Evidence was submitted to support that the city was aware of this operation. 10/15/07 PAGE FINE City Attorney Comments D. Martinez Applicant Comments M. Kaufman Counsel Comments This decision was made based on the Gay Night and the February Redevelopment Project; it M. Kaufman was decided by Planning that they were going to take this property in an act of inverse Continued condemnation without any compensation to Mr. Martinez, and close down a club that has never been cited by the ABC. He compared other clubs i.e. La Fonda and Casablanca, in which criminal activity has occurred, in comparison with Mr. Martinez' operation in which has never been sited by the Police Department. The following persons spoke in favor of approving an Entertainment Permit for the D -Club: Testimony lin Sandra Martinez, Angel Juarez, Daniel Morales, Thorsen Hoins, Erica Avalos, George Perez, Favor Entertain Nicole Estrada, Eloy Padilla, Elaine Rosas, and Vicente Dear. Permit ' Mr. Art Morales addressed the Public Hearing stating that his concern is free swim for the A. Morales children of Azusa. Mayor Rocha responded that he would donate one half of the cost for Comments Azusa Children during the first week -end of swim season in June, if Mr. Morales would donate the other half, which would address Mr. Morales' concern. Mr. Kaufman re -addressed Council asking to be reflected on the record that he gave the City Kaufman Clerk ABC documents, and stated that his request for public records has not been fully Comments finalized. Mr. Martinez responded to questions from Councilmembers as follows: When he purchased the club it was named EI Toro Bravo, he changed the name to Casa Tequila, then changed it to D -Club; the events currently held at the club are Thursday Eighties Night, Friday Rock and Roll, Saturday Bands from Mexico, and Sunday Club Rumors — gay night; one of the reasons why he bought the club, the ex -owner had permits to do concerts in the park, but he does not have the budget to continue doing these concerts; his license is 47, which allows 18 years and over into the premises, there are at least 12 security guards who .make sure under age kids don't drink, and there has never been citations by ABC or the Police Department; he was never given the option to purchase the property by the previous owner; of the seventeen items of violation, fifteen have been corrected; beginning January 2007, he agreed to serve lunch, from 12 noon — 3 p.m., and dinner 6 p.m. — 9 p.m., five days a week, and from Thursday — Sunday 6 p.m. — 1:45 a.m.; percentage of sales are 51% non-alcoholic beverages/food, 49% alcohol but most of his business is done after 6:00 p.m.; he has not been billed for services provided by police department, but last year he hired police personnel to a study in his business and make recommendations, he did comply approximately 90% on their recommendations; he has spent approximately $75,000 in upgrades ,maintenance and corrections. Chief of Police Garcia addressed the Hearing stating that on July 3, 2007 he denied the request for Cafe Entertainment Permit for cause. At this time Captain Gonzalez addressed Council to explain that the Police Department received the application from the Planning Department, and an investigation was made and reviewed; due to the overwhelming evidence and the high level of criminal activity occurring at this establishment, it would be irresponsible to issued an Entertainment Permit in their current format. City Attorney Carvalho asked Captain Gonzalez what had changed his opinion regarding the D -Club. He responded that the club has changed from August of 2006 and now; the club has become a very popular destination and has patrons from as far south as San Diego and as far north as Ventura and Mr. Martinez and his security personnel cannot control every single person that go into the establishment. There has been an ongoing pattern of criminal activity that has escalated into violence, i.e. bottles being thrown at police, car jacks, high speed police pursuits, the number of drunk in public has more than doubled. He responded to questions noting that the average length of service for field personnel is 10-15 years, they have established a connection with the city, and they based their decisions solely on public safety. He responded to questions regarding additional officers assigned to the D -Club, response to situations, citations issued for alcohol violations and other activities which occur at the club. Martinez Response to Questions Of Council Chief Garcia Captain Gonzalez Response City Attorney. Questions to Captain Gonzalez City Manager Delach responded to questions of Councilmembers stating that he has not lied City Mgr or misrepresented the City policies and has never tried to take the D -Club property, but Response provided Mr. Martinez the opportunity to submit an RFP regarding the purchase of the property. Additional questions were answered by staff regarding the history of calls for services at the Question & business, intent of City when property was purchased, similar use businesses, the City's Answer Session liabilities as landlords, and that all law abiding visitors are welcomed regardless of their race, religion, creed, sex or sexual preference and staff has not done anything to the contrary. 10/15/07 PAGE SIX Assistant City Manager Person responded to questions posed by City Attorney Carvalho stating that he has supported gay rights for most of his life, has raised his children to respect the rights of all other human beings, and apologized to anyone in the audience who was offended by his miss -interpreted words, and he agrees with Mr. Delach that there is no Individual that Is not welcomed into the community. He stated that every conversation he had with Mr. Martinez, he was accompanied by Mr. Coleman. During his visits as a new landlord to the D -Club, discussions were held regarding problems, solutions and the fact that the nature of the business was changing. He stated that he became alarmed when he received calls from community members regarding Flyers (Displayed by the Club) being distributed to the community and at the schools; he provided details. He responded that there was no walk through before the property was purchased as they were trying to accommodate the Wimpey's relocation. Assistant City Mgr Response City Attorney Carvalho noted that there are independent reviews of these types of City Attorney nightclubs, and all Indicated that there is no food served, three independent reviewers came Comments to that conclusion. She talked about the change of the nature of the business. Mayor Pro -Tem Hanks provided a detailed history of events which occurred regarding the D- Hanka Club from August 31, 2007, to the present and listed reasons numbered 1-7, on why the D- Comments Club should not be granted a Caf6 Entertainment Permit; and why he concurs with the Chief of Police and why it is Justified. After additional comments by Councilmembers, Mayor Pro -Tem Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA UPHOLDING THE POLICE DEPARTMENT DENIAL OF A CAFE ENTERTAINMENT PERMIT FOR THE "D" CLUB, LOCATED AT 975 W. FOOTHILL BOULEVARD. 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: COUNCILMEMBERS: NONE A $70,000 CDBG ECONOMIC DEVELOPMENT LOAN ("EDLP") FOR IL FORNO RESTAURANT, 619 NORTH AZUSA AVENUE; A $35,000 EDLP LOAN FOR HYPNOTIQ TRENDS, 623 NORTH AZUSA AVENUE; REVIEW AND POSSIBLE MODIFICATION TO EDLP PROGRAM GUIDELINES; REVIEW AND POSSIBLE APPROVAL OF A $80,000 EDLP LOAN FOR JAKE'S HOT DOGS AND SAUSAGES, 246 NORTH AZUSA AVENUE; AUTHORIZATION OF A BUDGET AMENDMENT AND TRANSFER TO FULLY FUND THE PROGRAM. Economic and Community Development Director Coleman presented three business loans under the new Economic Development Loan Program, EDLP. He provided background of the program in Downtown Azusa; It was approved in August and is funded with Community Development Block Grant Program. He also provided background on the businesses requesting the loans; 11 Forno is a working capital request, Hypnotic Trends Is also for working capital and the loan committee stated the loan is subject to extension of their lease term, and fakes Hot Dogs and Sausages Is for lease hold Improvements and is In compliance with two of the four program criteria as they are outside the area and fast food not restaurant. The loan committee approved the request if Council would make modification to the program i.e. add targeted area and fast food and Los Angeles County will have to approve changes. When the program was approved it was for $125,000 and this exceed the amount. He suggested that the additional $60,000 be transferred. from Housing Rehabilitation Program into the EDLP and replenish those monies into CDBG with Low and Moderate Set Aside funds from the Redevelopment Agency. Res. 07-C83 Caf6 Entertainment Permit Denied EDLP - CDBG Funds B. Coleman Comments After additional comments from Councilmembers and one of the applicants, it was moved Loan Agmt by Mayor Pro -Tem Hanka, seconded by Councilmember Carrillo and unanimously carried to IL Forno authorize the City Manager to execute an Economic Development Loan ("EDLP") Agreement approved for $70,000 between City of Azusa and IL Forno Restaurant. Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously Loan Agmt carried to authorize the City Manager to execute a $35,000 Economic Development Loan Hypnotiq ("EDLP") Agreement City of Azusa and Hypnotiq Trends, subject to Hypnotiq Trends Trends extending its lease through November 2010. Approved 10/15/07 PAGE SEVEN Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously Loan Agmt carried to modify the EDLP program guidelines and regulations, which would enable the City Jake's Council to authorize the City Manager to execute an $80,000 EDLP loan agreement between Approved City of Azusa and Jake's Hot Dogs and Sausages ("Jake's"). 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. Items Mayor Pro -Tem Hanks abstained from the minutes as he was absent from that meeting. 1. The minutes of the regular meeting of October 1, 2007, were approved as written. Min appvd ' 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or regular Appointments: S. Paragas, Budget Analyst Items 3. Authorization was given for the extension contract with Tru -Green Landcare and Tru -Green concurrently approve request for proposal for future landscape and irrigation Landcare maintenance services including median islands, public facilities and right of ways. Extension 4. The Notice of Completion for the construction of the Northside Park Walking Path NOC Northside Project as completed by Martinez Concrete Inc. in the amount of $35,492.80 was Walking Path approved and staff was authorized to file the Notice of Completion with the Los Martinez Angeles County Clerk. Concrete, Inc. 5. Formal sealed bids were waived in accordance with Azusa Municipal Code Using Civic Plus alternative purchasing procedures for purchases not involving public projects. Section Web content 2-523 section B, computers: when purchasing computer software and 2-523 section C, no competitive market and approval was given for the purchase of the Civic Plus web content management software and services the in the amount of $ 31,200.00. 6. Formal sealed bids were waived in accordance with Azusa Municipal Code Section 2- Software Maint 523 section B, computer software maintenance services and 2-523 section C, no Sungard BI - competitive market and approval was given for the software maintenance and support Tech Inc contract from Sungard Bi -Tech Inc, in the amount of $44,645.62. ' 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, RECOMMENDING Res. 07-C84 APPROVAL OF A SSMP DEVELOPMENT PLAN AND SCHEDULE AS REQUIRED THE SSMP Dev Plan STATE WATER RESOURCES CONTROL BOARD ORDER NO. 2006 -0003 -STATEWIDE Sanitary Sewer GENERAL WASTE DISCHARGE REQUIREMENTS (WDR) FOR SANITARY SEWER SYSTEMS. 8: Authorization was given for a new five year lease between the City of Azusa and Plaza Plaza de la de la Raza Head Start for property located at Memorial Park for the provision of pre- Raza Head school education services. Start 5 yr lease 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS Res. 07-C85 APPROVAL OF FINAL TRACT MAP NO. 69546. (850 W. 10" Street commonly referred Final Tract Map to as the City Transportation Yard). 69546 Trans yd 10. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 07-C86 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. 11. Authorization was given to staff to award a lease agreement to Pacific Mobile for the Lease Agmt provision of temporary offices at the Transit Facility. Pacific Mobile ' 12. Approval was given for the removal of two (2) Underground Storage Tanks (USTs) at Removal the City Yard and authorization was given for the solicitation of proposals for removal. Underground Strge tanks THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 12:42 CRA convene A.M. THE CITY COUNCIL RECONVENED AT 1:03 A.M. Cncl rcnvd 10/15/07 PAGE EIGHT UPCOMING MEETINGS: Upcoming Meetings October 20, 2007, Special Meeting — 9:00 a.m. Closed Session - Employee Evaluations - City Manager & City Attorney (Light & Water Conference Room) October 22, 2007, Utility Board Meeting — 6:30 p.m. (Light & Water Conference Room) October 29, 2007, Special Meeting — 6:00 p.m. Board & Commission Interviews (Light & Water Conference Room) November 5, 2007, City Council Meeting — 6:30 p.m. (Auditorium) Moved by Councilmember Carrillo, seconded by Councilmember Macias and unanimously Adjourn in carried to adjourn in memory of Kirakos Stepanian, and Melissa Kelly. Memory of I Klrakos Stepa TIME OF ADJOURNMENT: 1:04 A.M. Stepanian, and Melissa Kelly CITY CLERK NEXT RESOLUTION NO. 2007-C87. NEXT ORDINANCE NO. 2007-013. 10/15/07 PAGE NINE