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HomeMy WebLinkAboutMinutes - August 4, 2008 - CC' CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 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 Certificates of Recognition to Team Captains of the American Cancer Society Relay for Life Fundraiser were presented as follows: Edith Russek, Laurie Wray, Robin Russek, Ryan Russek, Fred Marquez, Yolanda Pena, Yolanda Bazonier and Lupe Chagolla. Mrs. Betty Donnelson was not present to receive her certificate but appreciation is expressed to her for all the hard work and dedication she so unselfishly displayed. Ceremonial Cert of Recog Cancer Society Relay For Life Certificates of Recognition were presented to Azusa Boxing Club members Joet Gonzales, Jousce Cert Azusa Gonzales, and Jahira Gonzales, for achieving the Championship of the 2008 Desert Showdown World Boxing Amateur Boxing. Joet Gonzales also achieved the championship at the 2008 Jr. Olympics. Club CLOSED SESSION Closed Sess Mr. Tom Wulf of Lowe Enterprises addressed Council stating that they wished to move forward with the T. Wulf development (Block 36). Lowe Ent The City Council recessed to Closed at 6:49 p.m. to discuss the following: REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Address: 152 E. Foothill Boulevard, 100 E. Foothill Boulevard, 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 2. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Address 800-802 N. San Gabriel Ave., 809 N. Azusa Ave, and 110-190 W. 9th St., Azusa Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Target Inc. Under Negotiation: Price and Terms of Payment 3. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) ' Address:. 830 North Azusa Avenue (APN 8608-025-013), Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Ms. Donna Matsen Under Negotiation: Price and Terms of Payment 4. REAL PROPERTY NEGOTIATIONS (Gov. _Code Sec. 54956.8 Address: 150 West 9th Street (APN8608-024-903), Azusa, CA 91702 Agency Negotiators: City Manager Detach and Assistant City Manager Makshanoff Negotiating Parties: E&T Foods, Inc. (Aner Iglesias) Under Negotiation: Price and Terms of Payment Recess Real Prop Neg 152 E. Foothill 100 E. Foothill 614-640 Azusa Real Prop Neg 800-802 San G: 110-190 W. 9tl Real Prop Neg 830 Azusa Real Prop Neg 150 W 9 REAL PROPERTY NEGOTIATIONS (Gov. Code See. 54956.8) Address: 17511 East Arrow Highway (APN 8621-024-001), Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Fowler Family Trust Under Negotiation: Price and Terms of Payment 6. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code See. 54957) Title: City Manager CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code See. 54957.6) Agency Negotiators: Administrative Services Director -Chief Financial Officer Kreimeier Organizations AMMA and ACEA Real Prop Neg 17511 Arrow Hwy Pub Emp Eval City Manager Conf w/Labor Neg AMMA & ACEA The City Council reconvened at 7:37 p.m. City Attorney Carvalho advised that there was no reportable Reconvened action taken in Closed Session, but that they would reconvene at the conclusion of the public meeting to City Attorney complete the discussion. Mayor Rocha called the meeting to order. Call to Order Ms. Yessica Martinez led in the Salute 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 Attorney Hull, City Manager Delach, Assistant City Manager Makshanoff, Police Chief Garcia, Public Information Officer Quiroz, Director of Utilities Hsu, City Engineer Hassel, Director of Economic and Community Development Christianson, Administrative Services Director - Chief Financial Officer Kreimeier, Senior Planner Cole, Director of Public Works/Assistant City Manager Hires, Tierra West Consultant Ometeotl, City Clerk Mendoza, Deputy City Clerk Toscano. Ceremonial Mr. Scott Kelly, Director of Community and Government Relations of L.A. Country Fair announced S. Kelly "Azusa Day at the Fair" 2008. Mayor Rocha presented a proclamation to Mr. Kelly, proclaiming Friday, Proc Sept. 26th as Azusa Day at the L.A. Co. Fair. PUBLIC PARTICIPATION Pub Part Mr. Mike Lee addressed Council regarding the following: Congrats to all who received certificates, Jakes M. Lee Hot Dogs — Sports Night, being a business friendly City, Korean Armistice Day celebration, and City Hall Comments on the Move. Ms. Gloria Calderon of the Azusa Golden Days Committee announced that the Civic Grand Marshall will G. Calderon be Ron White, and Grand Marshall will be Sheriff Lee Baca. Other members in attendance, i.e. Joe Comments Guarrera, Peggy Martinez, Art Ramirez, and Sylvia Contreras displayed the new Golden Days t -shirts. Ms. Suzanne Avila of California Resource Connections addressed Council stating that there have been S. Avila mountain lion sightings in the northern areas of Azusa; she referred residents to keepmewild.org in order to Comments educate themselves on how to live with wild life; she also mentioned the DVD Living on the Edge and asked that it be placed on local cable television. Mr. Nick Rosales addressed Council in favor of the proposed resolution condemning actions of the MTA N. Rosales Board and suggested that the East San Gabriel Valley create a Blue Ribbon Committee to seek alternative Comments funding through private sector, come up with a plan to match funds, create a unique enterprise, and not wait for MTA. Ms. Diana Williams, Napha Phyakul Quach, and Elisa Morgan of the Human Relations Commission D. Williams HRC addressed Council announcing the second annual Lead in Harmony Conference to be held jointly with the AUSD, the Rotary Club and the HRC, on September 250' and October 2"" of 2008. She announced that there is a need for funding the conference in the amount of $12,000; residents can send donations to: Rotary Club of Azusa at P.O. Box 65, Azusa, 91702 or call the Human Resources Commission at 626 812- 5133. 08/04/08 PAGE TWO Mr. Art Morales addressed Council noting that other applications were filed when Jakes received its A. Morales funding; there were 15 letters in protest of a twenty four hour drive thru at T -Burgers; he thanked Comments Councilmember Macias for serving in the Navy; asked if it possible to fund free swim with LivingWise funds; and that they make sure to receive all information on the Health Center. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Councilmember Hanks responded to questions regarding the Gold Line stating that the State is considering Hanks sales tax matching legislation put forward by Senator Feuer, and matching legislation by MTA for a %z cent Response to sales tax to fund transit projects. He asked the Legislators to require the MTA Board to go after the $320 Question Million by funding the local match. City Manager Delach responded that LivingWise funding cannot be used to fund free swim and the Utility City Mgr Department is working on a report regarding the subject. Comments Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to August 18'h Mtg cancel the City Council meeting of the August 18'h. Cancelled Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried to Proc A. Ochoa approve a proclamation for Ms. Angie Ochoa in celebration of her 80th birthday. 80" Birthday Councilmember Carrillo wished all a safe rest of the summer, reminding all to utilize the local pool, and Carrillo . library, senior center, recreation as they are cooling centers. Comments Councilmember Hanks thanked members of the City Council for acting on the urgency response to the Hanks MTA and Gold Line issue, stated that San Gabriel Valley has unified as a result. He noted that transit Comments projects are needed but all should be treated fairly. Councilmember Macias requested that the traffic left turn light signal at Foothill and Orange be checked for Macias synchronization as it changes too quickly. He thanked the Golden Days Committee for the hard work. Comments Councilmember Gonzales reminded all that Tuesday, August 05, 2008, is National Night Out all over the Gonzales Country where neighbors get together to get to know each other in order to deter crime. He thanked the Comments pool lifeguard staff for their work when the Gladstone football players and cheer leaders had an event at the pool. Mayor Rocha asked that the meeting be adjourned in memory of Johnny Cortez and Benjamin "Benny" Rocha Wilson; he announced Concerts in the Parks as follows: August 7h Porkchop Tom, August 14`h Average Comments Latin Band, August 21st Wiseguys Bis Band, and August 28" Son Mayor; announced fundraiser for Military Assistant Program, August 23 at the VFW, $16.00 per person, proceeds for Veterans returning from Iraq. On Saturday, August 9h there will be a meeting at Edgewood Shopping Center at 7 a.m. with the Day Laborers referring them to the Day Labor Site. Sched Items PUBLIC HEARING — TARGET PROJECT TENTATIVE TRACT MAP TTM 070189, ZONING CODE Pub Hrg AMENDMENT ZCA 228, ZONE CHANGE Z-2008-01, USE PERMIT UP -2008-08, MODIFICATION Target Project OF CONDITIONAL USE PERMIT C-99-16, DESIGN REVIEW DR -2007-65. Director of Economic and Community Development Christianson introduced the Target Project, and Senior Dir Economic Planner Susan Cole who provided the report. Senior Planner Cole presented the proposal stating that it is for a unique Target which is two story. The first floor consists of 420 parking spaces, the loading with entry from San Gabriel and exit on Azusa Avenue, loading dock will face the Metro Gold Line Foothill Extension right of way and the entry is focused on Azusa Avenue and the Metro Gold Line right of way. There will be double escalators, an elevator to the second floor will lead to the 159,000 square foot store, a unique cart escalator, and a cart locking system; she stated that Target representatives have worked with residents and staff to create the unique Target for Azusa. The applications for the project include an Environmental Impact Report, Tentative Tract Map which is required to combine the existing four lots into one developable lot, Zone Code Amendment to allow an alternative development for the project, Use Permit to allow retail over 50,000 sq ft. modification to existing CUP to allow sale of beer and wine, and a design review for the Target design store. There are findings of fact and based on that staff is recommending approval. Director of Economic and Community Development Christianson advised report has to be certified and noted that the air quality factor could insignificance, but that is common throughout the San Gabriel Valley. 08/04/08 PAGE THREE Com Dev Sr. Planner S. Cole Presentation that the environmental impact Dir Economic tot be reduced to a level of Com Dev Comments City Attorney Carvalho responded to question regarding the Air Quality portion and the use of proposed City Attorney Metro Gold Line Foothill Extension light rail transit line opening date in 2012 and the uncertainty of that Comments date, stating that they would use that date unless there is evidence in the record that this will not occur. The Mayor declared the Hearing open. The City Clerk read the affidavit of Proof of publication July 24th in Hrg Open the Azusa Herald Mr. Eric Pageant, and other Target Representatives, provided a presentation detailing the Target E. Pageant Corporation core values, investment in the community, project area, proposed project, renderings of the site Target plan, elements of design, streetscape amenities, landscape, lighting, security, and truck deliveries; they Representatives responded to questions regarding life of the building (60 years), trash enclosures, screening, audio able noise backup trucks, shopping carts, plants, trees, and outdoor light fixtures. . City Clerk Mendoza read the following into the record from Planning Commissioner Jorge Rosales: As a resident of Azusa and a Member of the Planning Commission, I'm in support of approval of all six resolutions in connection with the Target Project, specially the two resolutions which were not approved during the 07/23/08 Planning Commission meeting for which I was absent due to illness: 1) An Overlay Zone that amends development standards for the subject property (ZCA 228 & Z-2008-01); 2) .Design Review to allow construction of a 159,000 square foot retail department store (DR 2007-65) Mr. Mike Lee addressed the Hearing in favor of the project. Correspondence J. Rosales M. Lee Mr. Greg Ahern addressed the Hearing in favor of the project, but expressed concerns regarding the G. Ahern shopping cart system and suggested that an alternative plan be in place and expressed concern about traffic Comments pre-emption in the areas of Azusa, Ninth, San Gabriel and Foothill Boulevard and Azusa Avenue. Mr. Art Morales addressed the Hearing in favor of the project and expressed concern regarding the A. Morales pharmacy transition, and grocery store suggesting the city supply a shuttle to another market. Comments Ms. Peggy Martinez addressed the Hearing in favor of Target project. Ms. Robin Russek addressed the Hearing in favor of the project. P. Martinez R. Russek City Manager Delach responded to concerns regarding the signature event, Golden Days Parade, stating City Mgr that the area for competition could be moved northerly or southerly which will be in the same proximity. Rocha & ' Mayor Rocha commented on the oak trees on San Gabriel stating that the Urban Forester Montes advised Hanks that that the existing trees are not in good health. Councilmember Hanks questioned the width of the street Comments and other clarifications regarding diagonal parking and measuring the right a way. Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to Hrg Closed close the Public Hearing. Additional question and answer session ensued regarding more trash receptacles, customer projection, Add'1 question conservation plumbing fixtures, two way traffic, addition of language on page 10 regarding resurface all and answer damage on Azusa and Ninth to add `.`and any other street damaged during construction of this project". session Councilmembers thanked Target Representatives for their vision for the City of Azusa. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, CERTIFYING Res. 08-067 THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE TARGET Crtfyg EIR DEVELOPMENT PROJECT AND ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE Target CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING Project CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM 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, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mayor Pro -Tem Carrillo offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING 1"Rdg Ord PORTIONS OF THE AZUSA ZONING CODE AND DEVELOPMENT CODE CONCERNING THE Amending DOWNTOWN NORTH II TARGET OVERLAY ZONE AND PROPERTY BOUNDED BY AZUSA Zoning Code AVENUE, NINTH STREET, SAN GABRIEL AVENUE AND THE METRO GOLD LINE FOOTHILL Target Project EXTENSION RIGHT-OF-WAY 08/04/08 PAGE FOUR Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to waive further reading and introduce the proposed ordinance. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING Res. 08-C68 TENTATIVE TRACT MAP TTM 070189 TO CONSOLIDATE FOUR COMMERCIAL PARCELS Appvg Tentative LOTS (APN's 8608-24-900; -902; -903; -904) INTO ONE COMMERCIAL PARCEL IN THE DTV Tract Map (DOWNTOWN TRANSIT VILLAGE), BOUNDED BY AZUSA AVENUE, NINTH STREET, SAN Target Project GABRIEL AVENUE AND THE METRO GOLD LINE FOOTHILL EXTENSION RIGHT-OF-WAY (APN's 8608-24-900; -902; -903; -904) AZUSA; CALIFORNIA '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, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING Res. 08-C69 USE PERMIT UP 2008-08 ALLOWING A GENERAL RETAIL USE WITH OVER 50,000 SQUARE Appvg Use FEET OF FLOOR AREA IN THE DTV (DOWNTOWN TRANSIT VILLAGE) ZONE, LOCATED AT Permit 809 N. AZUSA AVENUE, AZUSA, CALIFORNIA Target 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: Target AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROC14A NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Hanks offered a Resolution entitled: adopt. Resolution passed and adopted by the following vote of the Council: 'Councilmember A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING Res. 08-070 A MODIFICATION TO CONDITIONAL USE PERMIT C-99-16 TO ALLOW THE SALE OF BEER Appyg AND WINE FOR OFF-SITE CONSUMPTION AT THE PROPOSED TARGET DEPARTMENT Modification STORE, LOCATED AT 809 N. AZUSA AVENUE, AZUSA, CALIFORNIA Conditional Use ABSENT: COUNCILMEMBERS: NONE Permit Moved by Councilmember Hanks, seconded by Mayor Pro -Tem Carrillo to waive further reading and Target 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 Councilmember Hanks offered a Resolution entitled: 08/04/08 PAGE FIVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING Res. 08-C71 DESIGN REVIEW DR -2007-65 FOR THE CONSTRUCTION OF A'159,000 SQUARE FOOT TARGET Appvg Design DEPARTMENT STORE IN THE DTV (DOWNTOWN TRANSIT VILLAGE) ZONE, LOCATED AT Review 809 N. AZUSA AVENUE, AZUSA, CALIFORNIA Target Store 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: 1 AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The City Council recessed at 9:25 P.M.. and reconvened at 9:35 P.M. City Manager Detach provided a tentative schedule for the Target project as follows: Disposition and City Mgr Development Agreement by October or November; purchase of site — early December; close of escrow .Comments January - March; soil remediation — March — June; demolition — April — June; begin construction August 09, and open for business July 2010 and the latest October 2010. 08/04/08 PAGE FIVE PUBLIC HEARING - APPEAL BY SUSANA GOMEZ - 1197 ARROW HIGHWAY. Moved by Mayor Pub Hrg Pro -Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to continue the Public Appeal S. Gomes Hearing to the meeting of Tuesday, September 2, 2008. continued 9/2 AMENDMENT OF THE 2008/09 CAPITAL IMPROVEMENT PLAN — PROPOSITION 113 Amend CIP DISBURSEMENT. Prop 1B Director of Public Works/Assistant City Manager Haes addressed the issue stating that the recommendation T. Haes is to amend the 2008/2009 Capital improvement Plan to include the $782,341.28 that the City of Azusa is Comments scheduled to receive in Proposition 113 funding. The City will use the funds for the reconstruction Foothill Blvd; it will be added to the $440,000 already budgeted for that project and staff is working with the City 'of Irwindale to coordinate both projects in order to minimize impact to commuters. He responded to questions posed by Councilmembers: Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Hanks and unanimously carried to Amend CIP amend the 2008/2009 Capital Improvement Plan to reflect Proposition 1B as an additional funding source Approved for CIP#6610917- "Reconstruction of Foothill Blvd." CONSIDERATION OF THE FOLLOWING RESOLUTIONS: 1) CONDEMNING THE ACTION OF THE MTA BOARD IN THEIR FAILURE TO FUND THE METRO GOLD LINE FOOTHILL EXTENSION PROJECT AND SEEKING LEGISLATIVE ACTION REQUIRING THE MTA TO PROVIDE LOCAL MATCHING FUNDS TO PURSUE $320 MILLION IN FEDERAL FUNDING FOR THE PROJECT. 2) OPPOSING THE METROPOLITAN TRANSPORTATION AUTHORITY PROPOSED SALES TAX MEASURE UNLESS AMENDED TO FULLY FUND THE METRO GOLD LINE FOOTHILL EXTENSION PROJECT SETTING DEFINITE SCHEDULES FOR PROJECT FUNDING. Proposed Resos re: MTA & Gold Line Foothill Extension City Manager Detach addressed the issue stating that Councilmembers Hanks and Macias had indicated at City Mgr a recent Utility Board meeting the desire to oppose action taken by the MTA Board with regard to Gold Comments Line Foothill Extension Project. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res. 08-C72 CONDEMNING THE ACTION OF THE MTA BOARD IN THEIR FAILURE TO FUND THE METRO Condemning 'GOLD LINE FOOTHILL EXTENSION PROJECT AND SEEKING LEGISLATIVE ACTION Action MTA REQUIRING THE MTA TO PROVIDE LOCAL MATCHING FUNDS TO PURSUIT $320 MILLION IN Board FEDERAL FUNDING FOR THE PROJECT. Moved by Councilmember Hanks, seconded by Councilmember Macias 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 Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, OPPOSING THE METROPOLITAN TRANSPORTATION AUTHORITY PROPOSED SALES TAX MEASURE UNLESS AMENDED TO FULLY FUND THE METRO GOLD LINE FOOTHILL EXTENSION PROJECT SETTING DEFINITE SCHEDULES FOR PROJECT FUNDING. Moved by Councilmember Hanks, seconded by Councilmember Macias 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 APPROVAL OF 1) A RESOLUTION OF THE CITY COUNCIL FINDING THAT THE DISPOSITION OF REAL PROPERTY LOCATED AT 150 NORTH AZUSA AVENUE IDENTIFIED VIA ASSESSOR'S PARCEL NUMBERS: 8611-031-1900, ("SUBJECT PROPERTY") IS IN CONFORMANCE WITH THE GENERAL PLAN. 2) A RESOLUTION OF THE CITY COUNCIL REGARDING THE SALE OF THE AZUSA MEDICAL CLINIC (150 NORTH AZUSA AVENUE) TO EL PROYECTO DEL BARRIO PURSUANT TO GOVERNMENT CODE SECTION 37420 ET. SEQ. AND SETTING A PUBLIC HEARING TO HEAR PROTESTS TO THE PROPOSED SALE. Res. 08-C73 Opposing MTA proposed Sales Tax Measure unless Fully fund Gold Line Extension Proposed Sale Azusa Medical Clinic Director of Economic and Community Development Christianson addressed the issue presenting the Dir Economic proposed sale of 150 N. Azusa to El Proyecto Del Barrio which operates a health center at that location & Community and will continue to provide health services to Azusa residents. Dev Comments 08/04/08 PAGE SIX He stated that the proposed sale stipulates that it must operate as a health clinic as a condition of ownership Comments via restrictive use covenants and the purchase would allow them to finance repairs and upgrade the site and continued equipment. Lengthy discussion was held between Councilmembers, Staff and the City Attorney's regarding deed Lengthy restrictions (if it ceases to operate as a health center it would revert back to the heirs), contents of the Discussion purchase and sale agreement, ability to repurchase property if it ceases to operate as a health center, would sale violate deed restrictions, lifelong restrictions, subleasing historically and now, basis for securing federal funding and ownership stipulation, specific wording of the deed regarding restrictions, purpose of subject item, loss of control of the property, and the need to discuss with potential property owners to request additional information. 'Moved by Councilmember Macias, seconded by Councilmember Hanks and unanimously carried that the Item referred item be brought back to another meeting in order to receive additional information and answers to to another mtg questions posed. The CONSENT CALENDAR consisting of Items D-1 through D-12 was approved by motion of Consent Cal Councilmember Macias, seconded by Councilmember Gonzales and unanimously carried with the Approved exception of item D-11, which was considered under the Special Call portion of the Agenda. 1. The minutes of the regular meeting of July 21, 2008, were approved as written. Min appvd 2. Human Resources Action Items were approved as follows: HR Action Items Merit Increase and/or Regular Appointments: J. Barnes, S. Chapman, B. Donnelson, M. Sencion, and M. Moore. New Appointment: C. Davis, Street Maintenance Worker I. 3. Amendment to the existing B/R Partners agreement, extending it to June 30, 2009, was approved Amend Agmt and the Mayor was authorized to.sign the amended agreement. wB/R Partners 4. The Fist Amendment to Agreement regarding Chamber of Commerce Funding and Support Chamber of between the City of Azusa and the Azusa Chamber of Commerce (the "Amendment'), was Commerce Agmt approved as follows: 1) extends the Agreement one additional year through June 30, 2009; 2) 0Amend authorizes the City's contribution amount of $88,200 for FY 2008/09; and 3) restates the terms of Self -Sufficiency of the Chamber. 5. The City Treasurer's Report as of June 30, 2008 was received and filed. Treas Rpt 6. The award of a contract to David Evans & Associates in an amount not -to -exceed $25,000 for David Evans landscape architectural services, was approved. Landscape Arch 7. Staff was authorized to solicit Notice Inviting Bids (NIB) for the Memorial Park Roof Replacement NIB Mem Pk Project. Roof Replace 8. A contract was awarded to Downtown Ford Sales in the amount of $32,150.13 for the purchase of a Downtown Ford 2008 Ford F-150 Super Crew (4 Dr.) Pickup Track. Pur Truck 9. The purchase of one 2005 Honda ST1300P police motorcycle with an emergency equipment Pur Police package from Huntington Beach Honda for $20,833.86, was approved. This purchase is from a Motorcycle "sole source" vendor, as no competitive market exists per Azusa Municipal Code Section 2-523(d). 10. The Grant agreement entitled "DUI Enforcement and Awareness" from the California Office of OTS Grant Traffic Safety (OTS) in the amount of $9,720, was approved and accepted. DUI Enfcmt 11. SPECIAL CALL ITEM. 12. The following resolution was adopted and entitled: Spec Call A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 08-C74 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS Special Call Councilmember Macias asked about lighting issues brought by residents. Assistant City Manager Macias question Makshanoff responded stating that pole at Rancho Park would be removed by City crews as soon as Staff response possible. Moved by Councilmember Macias, seconded by Mayor Pro -Tem Carrillo and unanimously carried to Acceptance accept Rancho Park as a City facility and that it come under the operational supervision of the Azusa Parks Rancho Park and Family Services Department. 08/04/08 PAGE SEVEN THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT Cncl Recess 10:10 P.M. THE CITY COUNCIL RECONVENED AT 10:42 P.M. THE CITY COUNCIL CRA Convene RECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY CONVENED AT 10:42 P.M. APFA Convene THE CITY COUNCIL RECONVENED AT 10:43 P.M. The City Council recessed to Closed Session at 10:43 p.m. and reconvened at 11:31 p.m.; there was no Closed Session reportable action taken in Closed Session. No Reports It was consensus of Councilmembers to adjourn in memory of Johnny Cortez and Benjamin "Benny" Adjourn in Wilson. Memory of J. Cortez & B. Wilson UPCOMING MEETINGS: Upcoming Meetings September 2, 2008, (Tuesday) City Council Meeting — 6:30 p.m. (Auditorium) September 15, 2008, City Council Meeting — 6:30 p.m. (Auditorium) October 6, 2008, City Council Meeting — 6:30 p.m. (Auditorium) TIME OF ADJOURNMENT: 11:32 P.M. ITY CLERK NEXT RESOLUTION NO. 2008-C75. ' NEXT ORDINANCE NO. 2008-010. 08/04/08 PAGE EIGHT