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HomeMy WebLinkAboutMinutes - February 4, 2008 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 4, 2008 — 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. CEREMONIAL Ceremonial The City Council presented a Certificate of Recognition to Ms. Margaret Davis for winning first Cert to M. place, in her age group, in the New York City Marathon. Davis The City Council presented a Proclamation to Mr. Gilbert and Gloria Moronez in celebration of Proc Mr. &Mrs their 501h Wedding Anniversary. Moronez 50th The City Council presented Certificates of Recognition to winners of the Consolidation Bracket Cert of Rec Championship in the 2007 SCMAF Federation "B" Division Flag Football Tournament. SCMAF CLOSED SESSION The City Council recessed to Closed at 6:55 p.m. to discuss the following: CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Gov. Code Section 54956.9 (b). Threat of litigation by Vulcan Materials regarding vested mining rights. PUBLIC EMPLOYEE APPOINTMENT (Gov. Code Sec: 54957) Title: Human Resource Director CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: City Manager Delach and Assistant City Manager Person Organizations/Employee: CAPP REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Property Address: 303 E. Foothill Boulevard, Azusa, CA 91702 Negotiating Parties: Watt Genton Associates, LP Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 716 N. Dalton Avenue, Azusa, CA 91702 Negotiating Parties: Watt Genton Associates, LP Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Address: 726 N. Dalton Avenue, Azusa, CA 91702 Negotiating Parties: Watt Genton Associates, LP Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Address: 728 N. Dalton Avenue, Azusa, CA 91702 Negotiating Parties: Watt Genton Associates, LP Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment Closed Sess Recess Conf w/legal Vulcan Mat Pub Emp Appt HR Dir Conf w/Labor Negot. CAPP Real Prop Neg 303 E. Foothill Real Prop Neg 716 N. Dalton Real Prop Neg 726 N. Dalton Real Prop Neg 728 N. Dalton LIABILITY CLAIMS (Gov. Code Sec. 54956.95 Claimant: Michael Gomez Liab Claim M. Gomez The City Council reconvened at 7:35 p.m. City Attorney Carvalho advised that there was no reportable action taken in Closed Session and items 1 and 4-7 will be discussed at end of Reconvened meeting. City Attorney Mayor Rocha called the meeting to order. Call to Order Executive Director of the Chamber of Commerce Irene Villapania led in the salute to the Flag. Flag Salute ' INVOCATION was given by Pastor Wayne Leamons of Bread of Life Church Invocation ROLL CALL Roll Cali PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Director of Utilities Hsu, Chief of Police Garcia, Director of Economic and Community Development Coleman, Director of Recreation and Family Services Jacobs, Recreation Supervisor Gonzales, Director of Public Works/Assistant City Manager Makshanoff, Public Information Officer Quiroz, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr. Mike Lee addressed Council urging all to vote in tomorrows election, bid get well wishes to M. Lee Victor Subia and jean Barta and expressed his opinion on various other items, i.e. restaurants, Comments successful events and asked all to pray for our troops. Mr. Gilbert Becerril provided an update on the Memorial Monument in front of City Hall, noting G. Becerril that they will be adding wings and columns to it and holding fundraisers. He invited all to Comments Support Our Troops Day, in front of City Hall on February 16, 2008. Executive Director of the Chamber of Commerce Irene Villapania provided an update of the 1. Villapania Chamber activities and Special Events. She announced the Azusa State Address, which Comments includes State of Business, State of the City and State of the Schools, will be held on Wednesday, February 20, 2008, at 8:00 a.m. at the Azusa Army National Guard Readiness Center, 1351 W. Sierra Madre Blvd; cost is $20 per person, which includes a full breakfast. Mr. Dick Cortes addressed Council thanking APU, Assemblyman Ed Hernandez, Rotary Club D. Cortes and AVSD for their part in the Hands Across Azusa event. He commented on Vulcan mining, Comments thanked Council for the joint Meeting with the City of Duarte and asked if something could be done about day laborers returning to Edgewood Shopping Center. Ms. Peggy Martinez addressed Council with comments regarding the grand opening of La P. Martinez Tolteca, the A Team and the protection of the "A" on the mountainside; lastly she talked about Comments the success of the Miss Azusa and Miss Outstanding Teen Pageant. Miss Azusa for 2008 Wanda Perkins, addressed Council thanking all, for the support she received and announced her Court who were not present at the meeting as follows: Claudia Miss Azusa Mejia, Crystal Munoz and Natalie Castillo. Miss Outstanding Teen Yadia Cabral, runner up Court, Miss 'Erica Hernandez, and runner up Valerie Vasquez announced their platform for the event and Outstanding why they chose them. Teen Mr. Dick Stanford, Mayor Pro -Tem Emeritus, addressed Council reminiscing about his time on the Council, introduced his wife Bev, and talked about their travels and retirement together. D. Stanford Comments REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Mr. Gilbert Becerril announced and invited everyone to attend the Support Our Troops Day on February 16th and advised that he would be submitting plans for the extension/ modification of G. Becerril the Veterans Monument in front of City Hall. Comments 02/04/08 PAGE TWO City Manager Delach responded to question regarding the Day Laborers at Edgewood Center noting that the person in charge of the matter has been out ill. He announced that the Target Scoping meeting will be held on Thursday, February 7, 2008, a 7:00 p.m. at the Senior Center. He provided an update on the Joint Meeting with the City of Duarte highlighting discussions regarding Encanto Parkway, Pedestrian Bridge and Foothill Boulevard. conditions being studied to make the areas safer. He announced that Congresswoman Solis presented a check in the amount of $150,000 to the City of Azusa for the rehabilitation of armory building and $477,000 for continued operation for medical building. Assistant City Manager Person presented an update on the southern entry Monument Sign on Azusa Avenue stating that the monument artwork has deteriorated because of the sun and that 'the artist Foresight Creation is proposing to replace it a digital creation for $3973.00. He presented other options to lower the cost. He responded to questions posed by Councilmembers and advised that he would work with the artist and bring back options for replacements and durability of the art work. City Mgr Response/ Announcements Assist City Mgr Monument sign City Manager Delach provided an update on supplying paint for the American and National City Mgr Little Leagues facilities stating that the cost would be $15 gal or $75 for five gallon buckets; he Funds for noted that the estimated amount needed by each league would be 30 gallons of $450 in cost League and proposed to provide each League with $500 scholarship/grant for the painting of the Facility facilities. (City Manager to provide exact balance amount to Councilmembers) Moved by Councilmember Carrillo, seconded by Councilmember Macias and unanimously $500 appvd carried to give $500 from the Scholarship Fund to each League in order to maintain the facility. To Leagues City Manager Delach advised that he, other staff members and Councilmember attended a City Mgr meeting at Cal -Trans where they discussed the Azusa Reader Board, and the dissatisfaction Comments with the care and maintenance of on and off ramps at Citrus, Azusa and Vernon in the City of Cal -Trans Azusa; he advised that Cal -Trans officials committed to work with the City on certain projects On/off ramps and the City offered a partnership to rehabilitate and revitalize the ramps. In the City Assistant City Manager Person provided and update on the Reader Board at the Shell gas station at Azusa and First Street. He provided a brief history, stating that approximately one year ago the City sent out to revitalize the Board but found that a Federal level directive regarding the subject area and it was declared a Landscaping Zoning Areas in 1964 by Ladybird Johnson; there is a need to rezone it. Discussion was held regarding the lack of improvements to that area/landscape and the stumbling blocks that have occurred. It was noted that Cal - Trans has committed to help with the on and off ramps as well as the landscaping and other matters of concern; City Manager advised that staff and Cal -Trans will be meeting at the freeway next week. Councilmember Macias proposed that funds be raised to erect a welcoming monument at one of the off ramps. Mr. Greg Applegate, City's Contract Arborist, provided an update on the status of palm trees at the Rosedale development. He stated that there are two groups of palms, Mexican fan palms on the Promenade and California fan palms on Palm Drive and described how trees are being handled, which have died and why, as well as which are surviving. He talked about the damage that the standing rain water has caused and the need for a storm drain. He responded to questions posed by Councilmembers. City Manager Delach also responded to comments made and stated that there is a fund from Azusa Land Partner for the care of the trees. Councilmember Macias stated that in an effort to improve the City as a whole, he would like to Include the Azusa Post Office as a topic of discussion at a work shop, and approach Congresswoman Solis regarding the matter; contact County Board of Supervisor Gloria Molina regarding improvement to the County areas of Azusa and look into the possibility of Athens sweeping alleyways. Mayor Rocha noted that he has received approval from AUSD to use Murray Elementary School for a County meeting. ' Councilmember Gonzales reminded and urged all to vote in the California Primary Election on February 5, 2008. Assist City Mgr Reader Brd Update G. Applegate Status of Palm Trees — Rosedale Macias Comments Gonzales Comments Councilmember Carrillo congratulated all Miss Azusa and Miss Outstanding Teen contestants Carrillo and winners; he urged all to continue with water conservation; announced that the Downtown Comments North Meeting has bee postponed and urged all to vote. Moved by Councilmember Gonzales, seconded by Mayor Pro -Tem Hanks and unanimously Rocha carried to approve the request for proclamation for Boy Scout Aaron Meisel, of Troop 405 who Comments has achieved the Eagle Scout award. 02/04/08 PAGE THREE Mayor Rocha requested that all pray for Robert Aguirre, a student who has cancer, and announced that there is a cancer outreach classes at Citrus Valley Health Partners which will be held on February I 1 `h, May 19`°, August 18`h and November 10th, from 3:30 p.m. — 5:00 p.m. at the Cancer Research Center in Covina. He thanked Peggy Martinez for the Miss Azusa Program; Invited all to the Target Scoping Meeting, on Thursday, February 7, 2008; and asked that the meeting be adjourned in memory of Former Fire Captain John Littlefield, Olga Lobaco, and Carmelita Mariscal Castillo. (Later In the meeting Gorden B. Hinckley was added) SCHEDULED ITEMS PUBLIC HEARING - REQUEST BY COVINA IRRIGATING COMPANY (CIC) THAT CITY OF AZUSA CONSENT TO USE OF EMINENT DOMAIN BY COVINA IRRIGATING COMPANY TO ACQUIRE A ' WATERLINE EASEMENT ON PRIVATE PROPERTY WITHIN THE CITY LIMITS. City Attorney Carvalho addressed the issue stating that the City received a request from CIC who requested Council adopt a resolution to determine If eminent domain could be used by them; the proposed resolution gives the City consent for CIC to exercise eminent domain, but she clarified that the resolution does not commit the City to use eminent domain; consideration and adoption of the resolution does not have anything to do with whether CIC will be successful in acquiring the land by eminent domain. She stated that the Councils duty is to make several findings as follows: That the public Interest and necessity require the proposed project; That the proposed project is planned or located in a manner that will be most compatible with the greatest good and least private Injury; That the property described in the resolution is necessary for the proposed project; and That hardship on the quasi -public entity of not getting the easement outweighs any hardship to the owners of such property. She noted that whether proper appraisals have been done on the property and whether discussion between CiC and property owners have been conducted in good faith, that is an Issue between the two parties. She added that a packet has been received from the law firm representing the property owners and recommended to briefly hear from CIC, as to why they believe Council can make the four findings; conduct the public hearing and determine independently whether Council believe these findings can be made. Mr. David De Jesus, President and General Manager of Covina Irrigating Company, the applicant, addressed the public hearing detailing why there is a need to acquire a waterline 'easement on the private property and what has transpired between the company and property owners to this point. He presented a power point depicting the water line, alternatives which would be costly measures and the process for construction. He responded to questions posed by Councilmembers regarding a possible mediation process, number of units on the property etc. Rocha Comments Sched Items Pub Hrg CIC Waterline City Attorney Comments D. De Jesus Comments Ms. Linda Harper addressed the Hearing and voiced her opinion against eminent domain and L. Harper the waterline stating that several times they have requested additional information regarding Comments the project to no avail. Mr. Paul Philips, City Manager of City of Covina addressed the Hearing noting the critical need P. Philips for upgrading infrastructure stating that there is a need to move prudently and, CIC has done Comments due diligence for the pipeline; he is In favor of adoption the resolution. Mr. Ruston Glass addressed the Hearing against the waterline noting that it will affect 90 R. Glass homeowners, there will be no parking and huge traffic impacts. Comments Mr. Ruben Lopez addressed the Hearing stating that the HOA had no information for them and R. Lopez CIC provided him with it. His concern was the safety of his child, who is 15 months; he Comments detailed the process stating it would be an inconvenience, but that the HOA could use $50,000 to upgrade their community. 'Ms. Fran Diggs, Homeowners Association Property Manager addressed the Hearing stating that F. Diggs CiC has not worked with the HOA. She voiced her opinion against the use of eminent domain Comments and the project. Ms. Kim Antol addressed the Hearing voicing her opinion against the project and use of K. Antol eminent domain. Comments Ms. Rachel Mendoza addressed the Hearing noting the dangers and vandalism in parking on R. Mendoza the street and blocks from her home. Comments Mr. Gan addressed the Hearing voicing his opinion against the project, noting that it Is morally M. Gan and ethically wrong and will have adverse impacts on their properties. Comments 02/04/08 PAGE FOUR Ms. Sherry Math addressed the Hearing noting that the money being offered could be used to S. Math Improve the complex and wished to withdraw the letter she signed against eminent domain; Comments she thought they were taking her home. Ms. Linda Herba addressed the Hearing noting the hazards of parking on the streets where L. Herba there have been problems with vandalism. Comments Ms. Andrea Cruz addressed the Hearing stating she would like to know more about the A. Cruz setbacks for the existing canal, which other properties are going to be impacted, and the route Comments of this construction. Marie Browers addressed the Hearing advising that she will be greatly impacted, she works M. Browers 'Ms. nights and will be trying to sleep through the day. Comments Mr. Eric Fisher addressed the Hearing expressing his opinion against the project stating there E. Fisher will be no compensation with the inconvenience and that there is a lot of homeless up In that Comments area. He noted there is a need for security, and a place to -put the equipment; his car has been vandalized three times since 1994, there will be much noise and possible pipe leaking. Mr. Danny Archuleta addressed the Hearing expressing his opinion regarding the matter in D. Archuleta hopes of a resolution soon. Comments Moved by, Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously Hrg clsd carried to close the Public Hearing. Discussion was held between the Applicant, Staff, and Councilmembers regarding negotiations Discussion with the HOA, alternate roads, impacts on San Gabriel Avenue, Le. trenches, Rosedale Easement, canal, effects from adopting the resolution, understanding of the findings which have to be made, and the possibility of a mediation process. It was consensus of Councilmembers that a mediation process take place to be facilitated by Discussion the City Attorney; that Mayor Rocha and Councilmember Macias visit the facility to take a walk And comments through; that there is a need to have agreement upon the money and to note that the residents will be inconvenienced; and that there is a need for a signed agreement for the easement 'through the parking lot. Moved by Councilmember Macias, seconded by Mayor Rocha and unanimously carried to Hrg Continued continue the Public Hearing to the meeting of March 17, 2008 in order for a mediation process To 3/17/08 to be conducted; within thirty days the mediation should be scheduled and within 60 days there should be a signed agreement for the easement via the parking lot. REQUEST FROM PLANNING COMMISSION - APPROVAL OF FORMATION OF AN ECONOMIC Ping Request - DEVELOPMENT SUBCOMMITTEE OF THE PLANNING COMMISSION. City Manager Delach To form an requested that the item be continued to the next meeting in order for staff to provide a City ED sub corn Staff report with regard to the item. It was consensus of Councilmembers to continue the item to the next meeting. The City Council recessed at 10:59 p.m. and reconvened at 11:05 p.m. Recess The CONSENT CALENDAR consisting of Items D-1 through D-8 was approved by motion of Consent Cal Councilmember Macias, seconded by Mayor Pro -Tem Hanks and unanimously carried with the Items exception of items D-4 and D-5, which was considered under the Special Call portion of the Agenda. Items D-3 and D-7, were REMOVED FROM THE AGENDA. 1. The minutes of the regular meeting of January 22, 2008, were approved as written. Min appvd ' 2. Human Resources Action Items were approved as follows: Merit Increase and/or Regular Appointments: J. M. Aguilar, E. Street, J. Sandoval, S. Hunt, HR Action N. Covarrubias, M. Bauer, P. Adame, and M. Czarnota. Items Promotion: A. Solis, Line Mechanic. 3. REMOVED FROM AGENDA. Indemnification Agreement Between City And Covina Rmvd from irrigating Company (CIC) regarding resolution consenting to use of eminent domain by Agenda Covina Irrigating Company to acquire a waterline easement on property owned by crystal CIC agmt canyon homeowners. 4. SPECIAL CALL ITEM. 02/04/08 PAGE FiVE Spec Call 5. SPECIAL CALL ITEM. Spec Call 6. The City Treasurers Report as of December 31, 2007, was received and filed. Treas Rpt 7. REMOVED FROM AGENDA. Civilian Association of Police Personnel (CAPP) contract Rmvd Agenda dated August 1, 2007 through July 31, 2010. CAPP contract 8. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 08-C8. CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ' ARE TO BE PAID. SPECIAL CALL ITEMS Special Call Councilmember Gonzales addressed item regarding the Retro -fit ball field lighting at Memorial Gonzales Park asking the timeframe for completion of the lighting. Director of Recreation and Family Comments Services responded stating it will be late spring/early summer. Moved by Counclimember Macias, seconded by Councilmember Gonzales and unanimously Retro -Fit ball carried to award the contract to Ace Electric in the amount of $198,600.00, for the Retro -Fit Field Mem Plc Bail Field Lighting Project at Memorial Park. approved Councilmember Macias addressed item regarding the annual weed abatement of improved Macias properties asking how the affected property owners were Informed of the Hearing. Mr. Comments Richard Anderson of Los Angeles County Fire responded that property owners were sent declaration cards and the Hearing will be published In the local newspaper. Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING HAZARDOUS Res. 08-C7. BRUSH, DRY GRASS, WEEDS, COMBUSTIBLE GROWTH OR FLAMMABLE VEGETATION ON Weed 'IMPROVED PARCELS OF LAND TO BE A SEASONAL AND RECURRING NUISANCE. (Public Abatement Hearing was scheduled for February 19, 2008, at 7:30 p.m. or as soon thereafter as the Improved Prop matter may be heard). 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 AND THE REDEVELOPMENT AGENCY CONVENED JOINTLY TO Joint City/CRA CONSIDER THE FOLLOWING ITEM: Item PROFESSIONAL SERVICES AGREEMENT WITH HOGLE-IRELAND, INC. FOR PREPARATION OF PSA Hogle- HOUSING ELEMENT UPDATE. Ireland Moved.by Mayor Pro-Tem/Director Hanks, seconded by Councilmember/Director Carrillo and Housing unanimously carried to authorize the City Manager/Executive Director to enter into a Element professional services agreement with Hogle-Ireland, Inc., for the preparation of the State- Approved mandated update to the City's Housing Element of the General Plan, and approval was given for a budget amendment in the amount of $90,000, of which $60,270 will be funded by the City's General Fund reserves and $29,730 will be funded by the Redevelopment Agency's Low -to -Moderate Income Housing Set Aside Fund reserves, in order to finance the costs of preparing the Housing Element update, legal review, community workshop supplies, negotiations with the State Department of Housing and Community Development, and other incidental expenses. THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONTINUED AT 11:12 CRA convene P.M. THE CITY COUNCIL RECONVENED AT 11:13 P.M. Cncl rcnvd 02/04/08 PAGE SIX It was consensus of Councilmembers to recess back to Closed session at 1 1:14 P.M. The City Recess back to Council reconvened at 12:14 P.M. There was no reportable action Closed Sessior It was consensus of Councilmembers to adjourn in memory of Former Fire Captain John Littlefield, Olga Lobaco, Carmelita Mariscal Castillo, and Gordon B. Hinckley. 'UPCOMING MEETINGS: February 19, 2008, (Tuesday) City Council Meeting - 6:30 p.m. (Auditorium) February 25, 2008 Utility Board Meeting - 6:30 p.m. (Light and Water Conference Room) March 3, 2008, City Council Meeting - 6:30 p.m. (Auditorium) March 1 7, 2008, City Council Meeting - 6:30 p.m. (Auditorium) TIME OF ADJOURNMENT: 12:15 P.M. Tv NEXT RESOLUTION NO. 2008-C9. NEXT ORDINANCE NO. 2008-01. 02/04/08 PAGE SEVEN Adjourn in Memory of J. Littlefield, O. Lobaco, C. Castillo, G. Hinckley Upcoming Meetings