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HomeMy WebLinkAboutMinutes - July 21, 2008 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, JULY 21, 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. CLOSED SESSION Closed Sess Mr. Albert Lemus of Lowe Enterprises provided an update on activities regarding the Azusa Village Center A. Lemus and compliance with Disposition and Development Agreement items. Lowe Ent The City Council recessed to Closed at 6:34 p.m. to discuss the following: BLOCK 36 - CLOSED SESSION REAL PROPERTY NEGOTIATIONS (Gov. Code See. 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& LOWE Enterprises Real Estate Group Under Negotiation: Price and Terms of Payment 2. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Address: 100 E. Foothill Boulevard, 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 3. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 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 Recess Block 36 Real Prop Neg 152 E. Foothill Real Prop Neg 100 E. Foothill Real Prop Neg 614-640 Azusa The City Council reconvened at 7:30 p.m. City Attorney Carvalho advised that there was no reportable Reconvened action taken in Closed Session. City Attorney Mayor Rocha called the meeting to order. Michael Fuentes Jr. of the United States Army led in the Salute to the Flag. INVOCATION was given by City Manager Delach. ROLL CALL PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: City Attorney Carvalho, City Manager Delach, Assistant City Manager Makshanoff, Police Chief Garcia, Public Information Officer Quiroz, Director of Utilities Hsu, Assistant Director of Water Operations Anderson, Director of Recreation and Family Services Jacobs, Administrative Services Director — Chief Financial Officer Kreimeier, Revenue Supervisor Cawte, Finance Controller Aguilar, Director of Public Works/Assistant City Manager Haes, Tierra West Consultant Ometeotl, City Clerk Mendoza, Deputy City Clerk Toscano. Call to Order Flag Salute Invocation Roll Call Also Present PUBLIC PARTICIPATION Pub Part Mr. Mike Lee expressed his opinion regarding the following: Citrus Crossings; voter registration; M. Lee City election next March, and stated his is in favor of Jokes Hot Dogs receiving funding. Comments Ms. Carolyn Echeverria addressed Council expressing her concern regarding the curb at Zacatecas C. Echevenia Park and an alleged fall she experienced. Comments Executive Director of the Azusa Chamber of Commerce Irene Villapania addressed Council and I. Villapania introduced the new chairman of the Board, Anthony Glassman of California Amforge. Comments Ms. Louisa Miranda and Mr. Art Ramirez addressed Council stating that the Azusa Times L. Miranda Remembered DVD has received an award from the American Association for State and Local Comments History which will be presented in Rochester New Your on Friday September 12a'; she solicited donations for the trip and provided her number as follows: 815-2633. She also advised that the DVD could be checked out at the Library and also that Azusa Pacific University will be extending the project. Ms. Peggy Martinez congratulated Max and Martha on the successful grand opening of their p Martinez restaurant at the new location; she questioned the crossing guard agreement savings by Comments outsourcing and asked how the funds related to the DARE program. Lastly, she stated that she is in favor of Jake's receiving funding. Mr. Art Morales addressed Council with concerns regarding the pharmacy at King Ranch Market A. Morales area stating that it is important that there be no interruption on receiving prescriptions. He stated Comments that there are other businesses in Azusa that would like to receive grants from the City, other than Jakes; he talked about concrete issues on San Gabriel and addressed the warrant register stating that the public benefits program could be used for free swim. Mr. Al Martinez addressed Council in favor of giving Jakes Hot Dogs a grant, stating that they A. Martinez Comments have helped him with advertising; employ youth of Azusa and are an asset to the community. REPORTS. UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates City Manager Detach responded to questions stating that the City is placing a parking lot in the downtown City Mgr area at San Gabriel and Sixth Street. Chief of Police Garcia responded to questions regarding agreement Comments for crossing guards stating that there is a small savings by outsourcing; the program has always been funded through general fund money and the DARE program was out a different fund. Mr. Delach noted benefits of outsourcing and stated that the company has offered to hire existing crossing guards.. City Manager Delach responded to questions/correspondence regarding Foothill Drug stating that they City Manager were paid $550,000 and signed a new lease for $1.00 per month and were offered extension as other Comments businesses, but they refused. They have been at the location for 19 months and recently paid back rent up through July 31st. There is a need for the city to gain control over the property by October 1" in order to transact with the company who will be utilizing the area; the other businesses are leaving but Foothill Drug has chose not to cooperate. PUBLIC PARTICIPATION (CONTINUED) I Pub Part (con't) Mr. Kakui Law of Foothill Drug addressed Council stating that he is being ordered to vacate the premises; K. Law an extension was denied and he was given the final word on July 9th that.he has to vacate by July 31". He Comments stated that lie is in the last stages of relocation and needs more time in order that there is no down time for the pharmacy; he stated that most of his customers have been going there for the last 22 years. Ms. Debra Schaide, Manager of the River Community Program, addressed the issue of Foothill Drug D. Schaide stating that site has been working with "K" for twenty one years and they fill all of their orders. Comments Mr. Thomas Miller addressed Council in support of Foothill Drugs extension; asked that the matter be T. Miller continued to allow time; and stated that this has not applied to other tenants. Comments (The remaining comment cards regarding Foothill Drug were continued to the end of the meeting as public Continued to comment time expired). end of meeting 07/21/08 PAGE TWO REPORTS. UPDATES COUNCH, BUSINESS AND ANNOUNCEMENTS -STAFF (CONTINUED) Reports (Cont) Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to Proc Korean approve request for a proclamation for Korean Armistice Day to be presented on Sunday, July 27th Armistice Day at the Veterans Monument in front of City Hall. Moved by Councilmember Gonzales, seconded by Mayor Pro -Tem Carrillo and unanimously Proc 60 Wed carried to approve request for a proclamation for Josephine and Michael Gonzales celebrating Gonzales their 60th Wedding Anniversary Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously Proc CFC ' carried to approve request for proclamation for the 7th Anniversary of Christian Faith Center, to Church be presented on July 27 at 11:00 a.m. Moved by Councilmember Gonzales, seconded by Mayor Pro -tem Carrillo and unanimously Cert Relay for carried to approve request for certificate of appreciation to Robin and Edith Russek for Chairing Life Group the American Cancer Society Relay for Life and certificates of recognition to the Team Captains in appreciation of their participation. Mayor Rocha requested information regarding the need for sidewalk between Rockvale and 5th Rocha St., on the south side of Alosta. Director of Public Works/Assistant City Manager Haes responded Comments stating that he has been working with the County Supervisor Gloria Molinas office to help design a pedestrian bridge to go over the wash and it will be cost out. Mayor Pro -Tem Carrillo congratulated Max and Martha on the re -opening of their restaurant; Carrillo noted the new stores at Citrus Crossings (Foothill Shopping Center); and reminded the public that Comments the river is not an option for cooling and the City has cooling centers. Councilmember Macias stated that there are not enough trash containers at the Citrus Crossing (Foothill Macias Shopping Center) and asked if the red zone in front of Max's can be removed to accommodate additional Comments parking. City Manager Delach responded stating that he would refer it to the City Engineer as well as the bus stop across the street for additional parking. Mr. Macias announced that the City of Azusa was ranked in the top ten cities for increased assessed evaluation and thanked Sister City for another successful Youth Exchange Event. Councilmember Gonzales asked that the meeting be adjourned in memory of Ruth Hernandez. He referred Gonzales to an accident which occurred last week and asked about the possibility of a Traffic Safety Commission. Comments Councilmember Hanks announced that the Metropolitan Transit Authority Board,will again be considering Hanks the issue of placing the Gold Line extension on their long range transportation plan on Thursday, July 24h Comments and encouraged all to contact county supervisors to let them know we want the Gold Line extension placed on the long range plan. He talked about the proposed sales tax, the current proposition IB money, and the opportunity to go for Federal matching funds and options for use. He talked about the projected increase in fuel cost and AB 32 and suggested a workshop be held to discuss options. Mayor Rocha requested that the meeting be adjourned in memory of Al Prado; reminded all of the ribbon Rocha. cutting for Phase II of the San Gabriel Canyon Gateway Project on Thursday, July 24h at 5:30 p.m. and Comments invited all to the Luau Fundraiser at the VFW on Saturday, August 23`d; all proceeds will go to the Military Assistance Program. SCHEDULED ITEMS Sched Items Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Hanks and unanimously carried that item Motion to fwrd C-2 be brought forward for handling at this time. item re: CIC PUBLIC HEARING — REQUEST BY COVINA IRRIGATING COMPANY (CIC) THAT CITY OF Pub Hrg AZUSA ADOPT A RESOLUTION CONSENTING TO CIC'S USE OF EMINENT DOMAIN TO CIC Reso 'ACQUIRE A PERMANENT 10 -FOOT WIDE EASEMENT AND 'A TEMPORARY 25 -FOOT WIDE Consenting CONSTRUCTION AND INSTALLATION EASEMENT, BOTH APPROXIMATELY 400 -FEET IN Use of Eminent LENGTH, TO CONSTRUCT AND INSTALL A WATER PIPELINE ON PRIVATE PROPERTY Domain WITHIN THE CITY LIMITS. Director of Utilities Hsu addressed the Public Hearing providing history of the canal and stated that in the Dir of Util Rosedale Development Agreement one of the conditions was to put the canal into an underground pipeline, Comments which has been completed and the next step is to continue the pipeline going north. The most viable, economic way is to go through private property which is the subject of the public hearing; CIC has been in negotiations for almost two years with the property owners/HOA. He stated that Council will be considering a resolution to consent CIC to use eminent domain to acquire the easement. He responded to questions posed regarding property through Pioneer Park. 07/21/08 PAGE THREE The Mayor declared the Hearing open. The City Clerk acknowledged that she possessed the affidavit of Hrg Open mailing notice of the public hearing. Mr. David De Jesus, President and General Manager of Covina Irrigating Company, Applicant, addressed D. De Jesus the Public Hearing stating that they held a town hall meeting to respond to questions/concerns, have Comments continued to negotiate with the Crystal Canyon Homeowners Association and provided and received another proposal. He responded to questions posed regarding number of customers impacted. City Attorney Carvalho responded to questions regarding the process. At this time Mr. Mark Sanded expressed concern regarding noticing of a construction project on San M. Sanded Gabriel Canyon Road by Ken Thompson, Inc. Assistant Director of Water Operations Anderson responded Comments to questions posed noting the process for closing and opening the ditch and clean up work. It was noted (different issue) ' that this was a different project of the Azusa Light and Water Department. Mr. Art Morales requested additional information for the benefit of the public and asked what the project A. Morales consists of and the elimination of the canal. Comments Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Hanks and unanimously carried to close Hrg Closed the Public Hearing. Discussion was held between City Attorney Carvalho, Councilmembers and the applicant regarding Discussion concerns expressed regarding repairs to properties, if needed, during and after construction; CIC had delivered a letter to the Mayor to address such concerns which was made part of the record as well as the letter from Palmieri, Tyler, Wiener, Wilhelm & Waldron, LLP, which objected to the adoption of the resolution. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CONSENTING TO THE USE OF EMINENT DOMAIN, PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE, SECTION 1245.310 ET SEQ., BY THE COVINA IRRIGATING COMPANY TO ACQUIRE A PERMANENT 10 -FOOT WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS AND TO CONSTRUCT, INSTALL, USE, INSPECT, LOCATE, MAINTAIN, OPERATE, ALTER, ADD TO, REPAIR, REPLACE, REMOVE AND/OR RELOCATE PIPELINES AND RELATED FACILITIES AND 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. Moved by Councilmember Hanks, 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 CONTINUED PUBLIC HEARING — RESOLUTIONS ADOPTING 2008/09 FISCAL YEAR SCHEDULE OF FEES AND CHARGES. Administrative Services Director — Chief Financial Officer Kreimeier addressed the Public Hearing presenting the resolutions enacting the User Fee Schedule for Various Municipal Activities and Services and Development Project Fees and Service Charges, stating that under State Law the City cannot charge more the cost reasonable borne for providing services. He stated that staff will be analyzing the development related fees due to the change in operations and economic conditions and return to Council with proposed adjustments at a later date. Res. 08-C61 Consent to the Use of Eminent Domain Cont Pub Hrg Fees & Charges Councilmembers asked questions regarding the following: Oxygen System Installation, Senior/Low Questions income for Dog License; Lifeguard Training class; Golden Days Special Events Two K -Run suggesting subsidized cost for large families; late payment penalties; Armory Fee Rental, and Public Art/Public Improvement Fees. The Mayor declared the Public Hearing open. The City Clerk read the affidavit of proof of publication of Hrg Open notice of said hearing published in the Azusa Herald on May 19'h and June 5'". Mr. Art Morales addressed the Public Hearing asking what the actual cost were since they have not been A. Morales studied for years; why did they increase the fees before the study; is it a public study; what is the end result Comments and what will they do with the money? 07/21/08 PAGE FOUR Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously carried to Hrg Closed close the Public Hearing. Mayor Pro -Tem Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ESTABLISHING A USER FEE SCHEDULE FOR VARIOUS MUNICIPAL ACTIVITIES AND SERVICES. Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Hanks 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 voted no on item 543 relating to Golden Days Special Events, 2K/5K Run/Walk: Youth Price increase. Mayor Pro -Tem Carrillo offered a Resolution entitled: Res. 08-059 User Fee Variou Muni Svs A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res. 08-C60 ESTABLISHING CERTAIN DEVELOPMENT PROJECT FEES AND SERVICE CHARGES. Development Fees & Svs Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Hanks to waive further reading and Charges 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 AUTHORIZATION TO SOLICIT A NOTICE INVITING BIDS (NIB) AND REQUEST FOR Painting of RR PROPOSALS (RFP) — PAINTING OF RAILROAD BRIDGE ON FOOTHILL BLVD. Bridge on Foothill 'Director of Public Works/Assistant City Manager Haes presented proposal to paint the railroad bridge on T. Haes Foothill Boulevard, one proposal has the new logo design and the other had the existing design. He' Dir Pub Wks responded to questions posed regarding costs with ($50,000) and without logo ($30,000), and explained Comments why the cost was so high. City Manager Delach responded to questions regarding proposed budget cuts by the State which may be City Manager passed on to the local cities, i.e. COPS Grant, dispatching equipment, meth lab clean-ups, and loss of Comments Redevelopment Tax Increment. Discussion was held regarding the issue. Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Macias and carried to approve the updated paint scheme as detailed on attachment for Railroad Bridge on Foothill Blvd., between Orange and Vernon; authorize staff to solicit a Notice Inviting Bids (NIB) for the painting of the Railroad Bridge on Foothill Blvd., between Orange and Vernon, and authorize staff to solicit a Request for Proposals (RFP) for the painting of the City Logo, "Azusa" lettering and striping (Professional Service). Mayor Rocha and Councilmember Hanks dissenting. Councilmember Macias requested that Route 66 be noted on the bridge, if possible. PUBLIC HEARING - ON AN APPLICATION TO OPERATE A TAXICAB IN THE CITY OF AZUSA BY CROWN YELLOW CAB. NIB & RFP Approved Painting of bridge Pub Hrg Appl Operate Taxicab Revenue Supervisor Cawte addressed the Public Hearing presenting the application for a Certificate of A. Cawte Public Convenience and Necessity from A Crown Yellow Cab, stating that currently there are three other Revenue Supv taxicab services licensed in the City, two in City, and one outside the City; the current subject will be an Comments outside company. If approved, a background check will be required as well as a drivers permit to operate. ' He responded to questions posed regarding City Authorized stands, of which there are none. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice Hrg open. of said Hearing published in the San Gabriel Valley Tribune on July 10, 2008. Mr. Pedro Ortiz, Applicant, addressed the issue and responded to questions stating that he has worked in P. Ortiz surrounding cities for approximately twenty years and will have just one vehicle. Comments Mr. Mike Lee addressed the Hearing asking how much in taxes would the City receive and if there is a M. Lee need for another taxicab service. Comments Mr. Art Morales addressed the Hearing stating there are too many taxicabs in the City. A. Morales Comment 07/21/08 PAGE FIVE Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to Hrg Closed close the Public Hearing. Chief of Police Garcia responded to questions posed stating that there have been complaints regarding COP taxicabs from Newburgh east of Azusa area by Los Lobos market regarding taking up parking spaces and Comments hanging out till they get a call; he advised that usually it's a transient type business. Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE TAXICAB SERVICE TO "PEDRO AVELINO REYES ORTIZ AVILA, DBA A CROWN YELLOW CAB" AZUSA AUTHORIZING THE Res. 08-C62 FOR THE OPERATION OF A Certificate of AND ELVIA MARIBEL VILLEGAS Public 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: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NONE NONE Convenience ani Necessity Crown Yellow WC! CONSIDERATION OF A $25,000 AMENDMENT TO THE CDBG ECONOMIC DEVELOPMENT EDLP Jake's LOAN ("EDLP") FOR JAKE'S HOT DOGS AND SAUSAGES, 246 NORTH AZUSA AVENUE. Tierra West Consultant Ometeotl addressed the issue presenting the request for $25,000 from the Jake's Hot Dogs from the Economic Development Loan Program in order to continue operations at their facility; he provided detailed background information stating that they are previously received $80,000 from the EDLP in October of 2007 and a $25,000 FaVade Grant in Spring of 2006. The project was presented to a Economic Development Loan Committee "EDLC" and was denied for the following reasons: The loan would have no collateral; Staff was unable to ascertain the financial stability of Jake's; operating costs or impediments were not identified to justify the requested amount, and the total City's assistance of 60.6% of project costs if the loan was approved would put the City in the position of being the majority's equity partner with no return for the capital provided and substantial risk. The EDLC recommended that if Council should approve the loan that the following be included: a recommendation that Jake's secure other supplemental funding sources and that EDLP funds could be provided on a matching basis only after supplemental fund have been expended, and the City could disperse funds for expenditures incurred subsequent to the EDLP loan amendment approval. He responded to questions posed regarding the repayment of the loan which is deferred over three years as long as Jake's provides three full time equivalent jobs, the loan is forgiven and it accrues at 5% per year, in case the business is sold or he doesn't provide the jobs required. Hot Dogs J. Ometeotl Consultant Comments . Mr. Bobby Moreno, owner of Jake's Hot Dogs addressed the issue requesting the $25,000 from the EDLP B. Moreno and stated that jointly with the City they have spent $340,000 on the business and could provide bank Jake's Hot Dogs statements to that effect. He stated that he employs eleven people from Azusa high schools and meets required hours. He responded to questions of Council regarding hours of operation, financing through a bank or other methods, working capital, advertisement, and possibility of traditional financing. Moved by Mayor Rocha, seconded by Councilmember Gonzales to approve the loan to Jake's Hot Dogs, Loan to Jake's motion failed, Mayor Pro -Tem Carrillo, Councimember Macias and Councilmember Hanks voting no. denied The CONSENT CALENDAR consisting of Items D-1 through D-7 was approved by motion of Mayor Consent Cal Pro -Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried with the exception of Approved items D-2, D-5 and D-6, which were considered under the Special Call portion of the Agenda. Councilmember Gonzales abstained from item D-2 due to a possible conflict of interest. Min appvd 1. The minutes of the regular meeting of July 8, 2008, were approved as written. Human Resources Action Items were approved as follows: Merit Increase and/or Regular Appointments: L. Gonzales, M. Gonzales, R. Chavez, and R. Nodarse. * Councilmember Gonzales abstained. New Appointment: M. Vega, Police Dispatcher. J. Gasca, Police Records Specialist I. Separations: M. -Hall, Office Specialist II, and T. Doyle, Police Dispatcher. Approval was given for the filing of the Notice of Completion for the San Gabriel Canyon Gateway Center Landscaping Project as completed by Amigos de los Rios in the amount of $359,793.00 and authorization was given for staff to file the Notice of Completion with the Los Angeles County Clerk. 07/21/08 PACE SIX HR Action Items NOC SGCyn Gateway Center Project 7 4. The Indemnification Agreement between the City of Azusa and Covina Irrigating Company (CIC) was approved and the City Manager was authorized to execute the Indemnification Agreement subject to any non -substantive changes approved by the City Attorney's office. 5. SPECIAL CALL ITEM. 6. SPECIAL CALL ITEM. 7. The following resolution was adopted and entitled: Indemnification Agreement Covina hrigatin; Company (CIC) Spec Call Item Spec Call Item A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 08-063 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS Special Call Chief of Police Garcia and Patricia Poll of ALMS, responded to questions posed regarding the crossing COP & ACMS guard agreement stating that the "at least" with regard to pay may mean that they may receive more pay Comments than they were receiving; there will be training as part of the contract and hands on orientation and uniforms will be provided. Agmt w/ACMS Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Hanks and unanimously carried to Approved approve the agreement between the City and All City Management Services (ACMS) for crossing guard services. Martinez After noted corrections in the contract and Council comments, it was moved by Mayor Pro -Tem Carrillo, Concrete seconded by Councilmember Hanks and unanimously carried to approve the one (1) year contract with Martinez Concrete Inc., of Azusa for City-wide concrete improvements in an amount not -to - exceed $250,000.00. Convene jointly THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT W/CRA P.M. 10:52 P.M. JOINT AGENCY/CITY ITEM Joint item REDEVELOPMENT AGENCY ADMINISTRATION/ADVANCE FROM THE CITY. (This is an CRA Advance advance of $1,283,070 from the City's General Fund to the Redevelopment Agency). Director Hanks offered a Resolution entitled: Res. 08-1132 Requesting A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING Loan from City A LOAN FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA. Moved by Director Hanks, seconded by Director Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Councilmember Hanks offered a Resolution entitled: Res. 08-C64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS FOR Authorizing PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA Loan Moved by Councilmember Hanks, seconded by Mayor Pro -Tem Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROC14A NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CRA con't THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT Cncl convened 10:55 P.M. THE CITY COUNCIL RECONVENED AT 11:01 P.M. 07/21/08 PAGE SEVEN Pub Part con't i PUBLIC PARTICIPATION (RECONVENED) City Attorney Carvalho clarified that the item (Foothill Drugs) to be discussed was not an agendized item, City Attomey it had been before Council at the last meeting, and therefore no action could be taken at this time. Comments Ms. Carolyn Echeverria addressed Council requesting that they reconsider the application of Foothill Drugs C. Echeverria to remain at Ranch Market shopping center. She stated that Mr. Law paid rent for another building without Comments being in it; he will have to pay a penalty in the amount of $20,000 and asked that he be allowed to pay it and stay in the facility until August 31" in order to await a State application. She stated that many people will be affected if he is not allowed to stay there at Ranch Center. The following names were called as they filled out a public comment card: Traci Rogers, Monica Other cards Fragoza, Kim Wright, Samantha Thomas, Susana Marquez, Edward Sanchez, Marilyn Hernandez, for Foothill Cruz Gonzales, Stephen J. Salay, Daniel Pate, Mort Pate, Sylvia Pate, John D. Granados, Juan F. Drug Granados, Luis Mota, Carlotta Luevanos, Manuel M. Torres, Amparo M. Torres, George E. Alva, Comments and Carol Sanchez. None were present at the meeting, but it was noted that they were in favor of Foothill Drug. City Attorney Carvalho provided options to Council regarding Foothill Drugs, and it was left as it stands. It was consensus of Councilmembers to adjourn in memory of Ruth Hernandez and Alberta "Al" Prado. Adjourn inMemory of A] Prado and Ruth Hernandez UPCOMING MEETINGS: UpcomingMeetings July 28, 2008, Utility Board Meeting — 6:30 p.m. (Light and Water Conference Room) August 4, 2008, City Council Meeting — 6:30 p.m. (Auditorium) August 18, 2008, City Council Meeting — 6:30 p.m. (Auditorium) September 2, 2008, (Tuesday) City Council Meeting — 6:30 p.m. (Auditorium) TIME OF ADJOURNMENT: 11:08 P.M. 011 6XV1 " al 14 i NEXT RESOLUTION NO. 2008-C65. NEXT ORDINANCE NO. 2008-010. 07/21/08 PAGE EIGHT