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HomeMy WebLinkAboutMinutes - May 14, 2008 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING WEDNESDAY, MAY 14, 2008 — 6:31 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 Closed Sess Mr. Jorge Rosales addressed the Ranch Market Tenants item, expressing concern regarding the J. Rosales titles, which he stated are misleading and asked if the Target project is still viable. Comments City Manager Delach responded stating that the Target project is moving forward on schedule. City Mgr Response The City Council recessed to Closed at 6:37 p.m. to discuss the following: Recess CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Conf w/Labor Agency Negotiators: Administrative Services Director -Chief Financial Officer Kreimeler Neg Organizations/Employee: IBEW, SEIU, AMMA, ACEA Address: 428 - 432 N. San Gabriel, Azusa, CA 91702 (La Tolteca) Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: LTA LLC Under Negotiation: Price and Terms of Payment BLOCK 36 REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Address: 152 E. Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Bank of America 8- LOWE Enterprises Real Estate Group Under Negotiation: Price and Terms of Payment Real Prop 428-432 San Gabriel Block 36 Real Prop 152 E. Foothill REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Real Prop Address: 100 E. Foothill Boulevard, Azusa, CA 91702 100 E. Foothill Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: LOWE Enterprises Real Estate Group Under Negotiation: Price and Terms of Payment Address: 614 - 640 N. Azusa Avenue, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: LOWE Enterprises Real Estate Group Under Negotiation: Price and Terms of Payment RANCH MARKET TENANTS REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Address: 802 N. San Gabriel Avenue, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Broderick's Auto Body - Business Owner Evelyn & George Broderick Under Negotiation: Price and Terms of Payment Real Prop 614-640 N. Azusa Ranch MI<t Tenants Real Prop 802 N. Azusa REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Address: 120 West 9th Street, Azusa, CA 91702 120 W. 91h St Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Alondra's Bakery - Business Owner Raul Corona Under Negotiation: Price and Terms of Payment Real Prop REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) 150/190 Address: 150/190 West 9th Street, Azusa, CA 91702 W. 9`h St Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: King Ranch Market - E & T Foods, Inc. - Business Owner Aner Iglesias Under Negotiation: Price and Terms of Payment Real Prop REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) 809 N. Azusa Address: 809 N. Azusa Avenue, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Community Garage - Business Owner Conrad Diaz Jr. Under Negotiation: Price and Terms of Payment Pub Emp PUBLIC EMPLOYMENT APPOINTMENT (Gov. Code Sec. 54957) Appoint Title: Director of Economic and Community Development CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov. Code Sec. 54956.9 (a)). Conf w/Legal Case No. CIT 071304349, Kelly Sakata Moon v. City of Azusa. Counsel Moon The City Council reconvened at 7:38 p.m. City Attorney Carvalho advised. that there was no Reconvened reportable action taken in Closed Session. City Attorney Mayor Rocha called the meeting to order. Call to Order Azusa Police Captain Street led in the pledge to the Flag. Flag Salute INVOCATION was given by City Manager Delach Invocation ' ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Director of Public Works/Assistant City Manager Makshanoff, Police Captain Street, Assistant Director of Water Operations Anderson, Public Information Officer Quiroz, Assistant Community Development Director McNamara, Administrative Services Director — Chief Financial Officer I(reimeler, City Clerk Mendoza, Deputy City Clerk Toscano, PUBLIC PARTICIPATION Pub Part Mr. Lewis and his Academy of the Arts Students performed a short "clip" of their Spring Academy of production of "Peter Pan and The Revenge of Hook", to be held at The Little Theatre on Arts Azusa Rockvale Avenue from May 20`h — June 1" for more Information call (626) 815-3427. High Mr. Mike Lee addressed Council with comments regarding the following: Mayor's letter M. Lee regarding Mother's Day in Examiner newspaper, reminded all to vote on June 3'd; thanked Comments 1 Letter Carriers for food drive; and noted the late Ramiro Lopez work with veterans. Mr. Jorge Rosales addressed Council announcing Mayor's Prayer Breakfast on May 28", J, Rosales sponsored by the Azusa Ministerial Association and Azusa Pacific University at 7:30 a.m. at Comments APU Turner Campus Center, 901 E. Alosta, cost is $15 per person and for further information call Pastor Samuel Martinez at 969-7945. He stated that with regard to the proposed RV Ordinance the Planning Commission had a discrepancy in Its minutes regarding the issue and requested that the item be continued to the meeting of June 2"'. Mr. Art Morales addressed Council providing background on the late Ramiro Lopez, local hero A. Morales who served in the military in Viet Nam. He also talked about free swim, the Azusa Avenue Comments Storm Drain, and dogs running loose in the park. 05/14/08 PAGE TWO Mr. Sammy Zaribaf of 11 Forno Restaurant addressed Council requesting that the Storm Drain Project on Azusa Avenue be held in August/September; asked the possibility of moving it the S. Zaribaf other side of the street, stating that it would be devastating to his business; he asked that he Comments be notified when it would occur so he could close his business during that time. Mr. Thomas Ross addressed Council stating that his nephew recently passed away; his sister is in need of help to assist with services; for donations call Ava Davis at (562) 699-6217, or send T. Ross to 5593 Pioneer Blvd, Unit No. 1, Whittier, and CA. 90601 or to 10935 Tierra Vista Parkway, Comments Unit 255, and Rancho Cucamonga, CA 91730. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates 'Interim Assistant City Manager Makshanoff introduced Conal McNamara, new Assistant Community Development Director. Intro C. McNamara Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to approve request for certificates of appreciation to the five food banks in Azusa to be Cert to presented at the May 28`h Mayor Prayer Breakfast. Food Banks Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried to approve request for a proclamation to proclaim the week of May 181h — 241h as Public Works American Public Works Week, in the City of Azusa. Week Ms. Anita Dominguez of the American Cancer Society Relay For Life provided Information on the activity on July 12'h and 13`h; she stated It's a 24 hour fundraising event and funds will go to A. Dominguez research, etc. The Mayor will be the Chair and she requested co-sponsorship with the city. Ms. American Robin Russek, daughter of Edie and Ron Russek provided details about her father's bout with Cancer Society cancer, who passed as away and requested community support. City Manager Delach announced that.the proposed budget would be sent to Council tomorrow and stated that the Legislative Analyst has advised that the Motor Vehicle In -Lieu Fees could be City Mgr taken away from cities. Comments Discussion was held regarding the issue with the Planning Commission and the proposed RV ordinance. Moved by Councilmember Macias, seconded by Councilmember Hanks and Dis PC and unanimously carried to continue item C-3, proposed Ordinance Amending Portions of the RV issue Azusa Development Code concerning Vehicle Parking and Storage Regulations, etc. to the Prop Ord meeting of June 2, 2008. Continued 6/2 City Manager Delach addressed Council with clarification that dogs are not allowed in City parks on or off leashes. He later made a correction: ordinance was changed, dog on leash are City Mgr allowed in City parks; he will report back to Council. • Comments Councilmember Carrillo stated that he was a victim of the vandalism which occurred in Azusa over the past week end where over 50 cars had their windows shot out with a pellet/bb guns; Carrillo he expressed his frustration. Police Captain Street provided an update. Comments Councilmember Gonzales announced the Mariachi Concert on Friday, May 30`h; cost is $20 and proceeds go to the program; for further Info call Elaine Dominguez at (626) 858-6152; Azusa Gonzales Youth Program Barbeque on June 7'h, Kids Come First Golf Tournament on June 13`h at San Comments Dimas Canyon Golf Course for more Information call Adrian Martinez at 812-5196. Councilmember Macias thanked all the troops and congratulated them on Armed Forces Day on May 17°h. Councilmember Hanks commented on public workers who are in a life saving profession; they 'repair streets, maintain storm drains and maintain sewers; he encouraged all to thank the public workers. Mayor Rocha asked that the meeting be adjourned in memory of Ramiro Lopez; inquired about budget study session; carryover projects, i.e. intersection Improvements and synchronization and street sweeping. He announced the following: Banner Hanging on May 17`h; Ribbon Cutting for Economy Auto on same date at 10 a.m.; Memorial Day Ceremonial on May 26'h at the City Hall flag pole at 10 a.m.; May 27" Senior Volunteer Dinner; May 31" Helping Hand Benefit for Patsy Navarette Pardo at the Azusa Woman's Club; Yard Sale June 7`h and 8`h no permits or fees required, and that Nicholas Dospital, U.S. Marine Corp., and Miguel Mikey Magana are soldiers home on leave. 05/14/08 PAGE THREE Macias Comments Hanks Comments Rocha Comments City Manager Delach stated that the first budget meeting well be following the next Utility City Mgr Board on May 27th and there will be a preliminary draft CIP report next week. With regard to Comments street sweeping it was noted for consistency, there will be no parking from 9 a.m. — 5 p.m. on street sweeping days. SCHEDULED ITEMS Sched Items PUBLIC HEARING — REQUEST BY COVINA IRRIGATING COMPANY (CIC) THAT CITY OF AZUSA Pub Hrg CIC ADOPT A RESOLUTION CONSENTING TO CIC'S USE OF EMINENT DOMAIN. reso Emnt Dm City Manager Delach addressed the issue stating that the item had been continued In order to City Mgr give the parties, Covina Irrigating Company (CIC) and the Crystal Canyon Homeowners Comments 'Association the opportunity to enter Into mediation and resolve Issues related to acquisition of an easement through the Crystal Canyon complex by CIC; no agreement has been reached and another mediation session is scheduled for June. He noted the following issues: offers in the mediation were greater then the city paid In the nearby easement and the pipeline cannot be connected to CIC water source without the pipeline coming from the north through the easement; alternate routes are not economically nor physically feasible. The Mayor declared the Public Hearing open. The City Clerk acknowledged that she had the Hrg open proof of mailing to all affected property owners in the area. Mr. De Jesus, Applicant, addressed the hearing stating the need to install an underground De Jesus pipeline and do away with the above ground open canal for liability, safety and security Applicant reasons. He stated that they were unable to resolve the Issues during mediations and advised that David Byron of Civiltec was available to answer questions. Ms. IUm Antol addressed the Hearing expressing her opposition to the use of eminent domain K. Antol on the Crystal Canyon property and suggested the use of the old dairy road and detailed her Comments reasons and beliefs; she asked them to review the facts of the report by their attorney and asked they vote no on condemnation. Mr. Ruston Glass addressed the Hearing in opposition to the proposed pipeline detailing the R. Glass affects to the use of the garages/parking spaces and overall negative affects of the project, i.e. Comments cut utilities; he suggested the pipeline go through Ranch Road. Ms. Lynda Harper addressed the Hearing stating that during mediation she learned the true L. Harper scope of the project, not Just a 10 foot water pipeline easement but a 10 foot easement with a Comments 25 foot temporary construction; she noted the lack of truth and inaccuracies of the project. City Attorney Carvalho noted for the record that a letter was received on May 14`h, from the City Attorney Law Offices of Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP, regarding the issue, which was Comment referred to in public comment. Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously Hrg cisd carried to close the public hearing. Lengthy discussion was held between Councilmembers and staff with each member providing Lengthy Input regarding the matter. Mr. De Jesus, Ms. Antol and Ms. Harper all agreed that the Discussion mediation was working, but none were able to discuss the matter due to the confidentiality of the meetings. Mr. Christopher Chan responded to questions regarding indemnification, Mr. Dave Byrum of C. Chan Civiltec responded to questions stating that there will be no outages/disruptlon to the customer D. Byrum utilities at that location and answered questions posed. Comments City Attorney Carvalho responded to questions on possible future damages and protection to City Attorney homeowners stating that the language in the resolution is general but there is future protection Response as in any other City or business owned easement. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CONSENTING TO THE USE OF Resolution EMINENT DOMAIN, PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE, SECTION Consenting 1245.310 ET SEQ., BY THE COVINA IRRIGATING COMPANY TO ACQUIRE A PERMANENT 10- To Use of FOOT WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND TO Eminent CONSTRUCT, INSTALL, USE, INSPECT, LOCATE, MAINTAIN, OPERATE, ALTER, ADD TO, Domain REPAIR, REPLACE, REMOVE AND/OR RELOCATE PIPELINES AND RELATED FACILITIES AND (not adopted) 05/14/08 PAGE FOUR CONNECTIONS NECESSARY OR CONVENIENT FOR COVINA IRRIGATING COMPANY'S, OR ITS SUCCESSORS AND ASSIGNS, USE OF THE EASEMENT FOR WATER TRANSPORTATION AND FOR ANY AND ALL OTHER USES AND PURPOSES OF COVINA IRRIGATING COMPANY AND OF ITS SUCCESSORS AND ASSIGNS, AS WELL AS A TEMPORARY 25 -FOOT WIDE CONSTRUCTION AND INSTALLATION EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS TO CONSTRUCT, INSTALL, USE, INSPECT, LOCATE, MAINTAIN, OPERATE, ALTER, ADD TO, REPAIR, REPLACE, REMOVE AND/OR RELOCATE SUCH PIPELINE OR PIPELINES AND FACILITIES, IN, UNDER, UPON, OVER, ACROSS AND THROUGH (SHADY OAK COURT AND PARKING LOT) PROPERTY OWNED BY THE CRYSTAL CANYON DEVELOPMENT HOMEOWNERS AND/OR CRYSTAL CANYON DEVELOPMENT HOME OWNERS ASSOCIATION AS DEPICTED ON THE DIAGRAM ATTACHED HERETO AS EXHIBIT "1 " Moved by Councilmember Hanks, seconded by Councilmember Carrillo to waive further Resolution was reading and adopt. City Attorney Carvalho announced, later In the meeting, that the Resolution Not adopted was not.passed as it required a 4/5 vote of the Council and the vote was as follows: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS NOES: COUNCILMEMBERS: MACIAS, ROCHA ABSENT: COUNCILMEMBERS: NONE RE -STRIPING OF CITRUS AVENUE FROM ARROW HIGHWAY TO GLADSTONE STREET TO Re -Striping of ACCOMMODATE THE ADDITION OF TWO-WAY LEFT TURN LANE ADDITION ON CITRUS Citrus Avenue AVENUE AT LAXFORD. Public Works Director/Assistant City Manager Makshanoff presented the plan from the Los J. Makshanoff Angeles County of Public Works to re -strip Citrus Avenue in the vicinity of Arrow Highway which Comments came on behalf of a County resident, Rudy Baca, via Supervisor Molina's office. Staff reviewed the plans and recommended Option 2 which would eliminate parking on the east side of Citrus Avenue but preserve parking on the west side where there is an apartment complex within the City limits. The County has advised that the total cost Is $21,000; the City's share of that Is $6,700; and the request is for approval and to bring back with funding Identification. Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously Re -Striping carried to approve Option 2 which will take away street parking on the east side of Citrus approved. Avenue but still provide parking along the West side of Citrus Avenue and the approval of up to $6,700; the City of Azusa fair share of the cost. The Proposed Ordinance Amending Portions Of The Azusa Development Code Concerning Prop Ord Vehicle Parking And Storage Regulations, Commercial, Oversized And Recreational Vehicle Dev Code Parking And Storage Regulations On Private Property And Temporary Sign And Tent Regulations Veh Pkg & was referred to the meeting of June 2, 2008. Strg continued AN URGENCY AND REGULAR ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, Urgency & CALIFORNIA AMENDING THE AZUSA MUNICIPAL CODE REGARDING NOISE SOURCE Regular Ord STANDARDS. Noise City Manager Delach addressed the item stating that there Is a need for language change due City Mgr to several issues in the new code language which is impractical and difficult to enforce, i.e. Comments noise standards, amplified music and measurement. He responded to questions posed. City Attorney Carvalho also responded to questions regarding outdoor festival process, truck City Attorney deliveries, definitions, and construction activities on Sundays and Holidays. Comments Councilmember Hanks offered an Urgency Ordinance entitled: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA Urg Ord AMENDING THE AZUSA MUNICIPAL CODE REGARDING NOISE SOURCE STANDARDS. Noise Adopted Moved by Councilmember Hanks, seconded by Councilmember Gonzales 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 Hanks offered an Ordinance entitled: 05/14/08 PAGE FIVE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING 1" Rdg Ord THE AZUSA MUNICIPAL CODE REGARDING NOISE SOURCE STANDARDS. Noise Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously carried to waive further reading and introduce the proposed ordinance. The CONSENT CALENDAR consisting of Items D-1 through D-4 was approved by motion of Consent Cal Councilmember Macias, seconded by Councilmember Gonzales and unanimously carried with Approved the exception of item D-4, which was considered under the Special Call portion of the Agenda. D-4 Spec Call 1. The minutes of the regular meeting of May 5, 2008 and the special meeting of March 31, Min appvd '2008, were approved as written. 2. Human Resources Action Items were approved as follows: HR Action New Appointment: L. Ferrari, Police Officer Trainee Items Promotion: S. Abou-Taleb, Library Circulation Supervisor 3. Approval was given to support the proposed Assembly Bill 642 and the Mayor was Support AB authorized to send a letter on behalf of the City. 642 4. SPECIAL CALL. SPECIAL CALL ITEM Special Call Spec Call Item RECONSIDERATION OF AZUSA AVENUE DOWNTOWN STORM DRAIN PROJECT. Azusa Ave Storm Drain Councilmember Macias addressed the issue requesting that the project be deferred to late Macias summer or early fall due to the impact on business owners on Azusa Avenue. Comment City Manager Delach responded to comments made earlier that there was no physical way to City Mgr put the storm drain on the opposite side of Azusa Avenue. Comment Discussion was held regarding the construction budget and cost, size of pipeline, impacts on Discussion Azusa businesses, project timeline, obligation to city with regard to infrastructure and safety, 'and trash in the storm drain. Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously Azusa Avenue carried to defer the Storm Drain Project to sometime in the Fall and to work with staff and Storm business owners to narrow a window of time for the project to be scheduled and completed before the end of the year. THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 10:03 P.M. CRA convene. THE CITY COUNCIL RECONVENED AT 10:04 P.M. Cncl rcnvd Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Gonzales to adjourn In Adjourn in memory of Ramiro Lopez. Memory UPCOMING MEETINGS: May 27, 2008, (Tuesday) Utility Board Meeting - 6:30 p.m. (Magnolia Elementary School, 945 E. Nearfield, Azusa) June 2, 2008, City Council Meeting - 6:30 p.m. (Auditorium) June 16, 2008, City Council Meeting - 6:30 p.m. (Auditorium) TIME OF ADJOURNMENT: 10:04 P.M. CITY CLERK NEXT RESOLUTION NO. 2008-C38. NEXT ORDINANCE NO. 2008-04. 05/14/08 PAGE SIX Upcoming Meetings