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HomeMy WebLinkAboutMinutes - September 2, 2008 - CCCITY OF AZUSA ' MINUTES OF THE CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 2, 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 Mr. Art Morales addressed properties in the 600 block North San Gabriel asking about their former status; he questioned El Proyecto Del Barrio clinic services, and also asked when King Ranch Market would be leaving. The City Council recessed to Closed Session at 6:38 p.m. to discuss the following: 1. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Negotiating Parties: Property Address: 624 — 630 N. San Gabriel Boulevard, Azusa, CA 91702 City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: JK Partnership, Property Owner Price and Terms of payment Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff 150 N. Azusa Avenue, Azusa, CA 91702 Under Negotiation: Price and Terms of payment ' 2. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Under Negotiation: Address: 622 N. San Gabriel Avenue, Azusa, CA 91702 Negotiating Parties: Gonzalez John A/Miller Christine A, Property Owners Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of Payment 3. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Property Address: 640,•632 N. Alameda and 204 E. Foothill Boulevard, Azusa, CA 91702 Negotiating Parties: Patterson Milo L/Patterson Trust, Property Owner Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment 4. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Property Address: 906, 908 & 912 N. Alameda Avenue, Azusa, CA 91702 Negotiating Parties: Miller Samuel Trust/Miller Samuel, Property Owners Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment 5. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property Address: 190W.9's Street, Azusa, CA 91702 Negotiating Parties: Foothill Drug Store, Kakui Lau, Business Owner Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment ' 6. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 150 N. Azusa Avenue, Azusa, CA 91702 Negotiating Parties: El Proyecto Del Barrio — Corinne Sanchez, President/CEO City Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Property Address: 150 W. 9th Street, Azusa, CA 91702 Negotiating Parties: King Ranch Market, Aner Iglesias, Business Owner Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment Closed Sess Recess Real Prop Neg 624-630 San Gabriel Real Prop Neg 622 San Gabrie Real Prop Neg 640,632 Alameda and 21 Foothill Real Prop Neg 906, 908 & 912 Alameda Real Prop Neg 190 W. 91 St. Real Prop Neg 150 N. Azusa Real Prop Neg 150 W. 91h St. 8. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: Administrative Services Director -Chief Financial Officer Kreimeier Organizations ACEA, AMMA, and APMA Conf w/Labor Neg ACEA, AMMA, APMA The City Council reconvened at 7:39 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. Call to Order Mr. Zachary led in the Salute to the Flag. Flag Salute INVOCATION was given by Father Gustavo Castillo of Saint Frances of Rome. 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, Assistant City Manager Makshanoff, Police Chief Garcia, Library Director Tovar, Director of Economic and Community Development Christianson, Assistant Community Development Director McNamara, Controller Michaels -Aguilar, Director of Public Works/Assistant City Manager Haes, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Ms. Ginny Dadaian introduced Mr. Bres Myers newly elected Student Body President of Azusa Pacific G. Dadaian University who was proud to announce that Bryan Clay of APU is an Olympic Gold Medal Winner. Ms. B. Myers Dadaian announced that City Links will again be held in the City on four Saturdays in September and they Comments are seeking projects; the purpose is for new incoming students to connect to families in Azusa. She noted City Links they will be cleaning up the river and sister city house Mr. Mike Lee commented on the success of the VFW fundraiser for servicemen and their families; the M. Lee Planning Commission Workshop; Election in 2009; and asked that all pray for troops. Comments Ms. Carly Quezada and Ashlee Polarek, Girl Scouts, addressed Council to talk about the fun in being a Girl C. Quezada Scout and about projects they do in the program. A.1 olarel Scouts Ms. Lee Ann Polarek of the Girl Scouts addressed Council announcing that there is a need for Girl Scouts L. Polarek and Girl Scout Leaders; she too, talked about the many things that can be learned and the fun that can be Girl Scouts had by being a Girl Scout. There will be a community event on Saturday, September 271' from 9 a.m. — 12:00 noon at Memorial Park in Azusa; for more information call Vicky Homes at 334-2154. Ms. Judi Phipps of the Girl Scouts addressed Council to talk about her years in scouting and provided J. Phipps statistics regarding girls that have gone to college or achieved management positions due to their Girl Scouts experiences with scouting. Mr. Wayne Blake addressed Council expressing his opinion in favor of Proposition 8.. He announced a W' Blake meeting will be held on the issue at Northside Park at 9 a.m. on Saturday. Prop 8 Ms. Faye Pierson of Kay and Kay Manufacturing addressed Council with concerns regarding code F. Pierson violation citation at her place of business; she detailed the issue and asked that something be done about the Code Violations problems in the area. Mr. David Cordier, Attorney for Ms. Pierson, also addressed the issues of the code enforcement violations, D'Cordier detailing the history of the property and suggestions regarding resolution of the problems. Code Violations Ms, Suzanne Avila announced the Smart Gardening Workshop to be held on Saturday, September 20°i at S. Avila the River Park sponsored by the Los Angeles County Department of Public Works; it will teach the art of Smart Gardenint composting, planting and bins will be given to the fust 100 people. Mr. Art Morales congratulated and thanked Uriel Macias for his service in the Navy; suggested that A. Morales decathlon champion Bryan Clay be recognized by Council; asked for a local phone number for the Humane Comments Society, and gave other suggestions for the City. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Councilmember Carrillo announced that Moms Dam will be releasing water from September 3rd -5'h and Carrillo Comments reminded all of the dangers; he also reminded all that school is back in session and to be aware of the children walking to and from school; lastly, that Fennimore street is fully operational and open. 09/02/08 PAGE TWO Councilmember Gonzales noted that there was no dance floor at the. last concert in the park due to wiring; Gonzales he congratulated Bryant Clay, Gold Medal Winner, and advised that Staff is working with APU to arrange Comments a time and place for formal recognition. Councilmember Macias staled that residents on the 800 block of Angeleno and North San Gabriel are Macias . interested in lighting as its pitch black at night in the area and asked Light and Water to look into the Comments matter. Discussion was held regarding the ABC Neighborhood, painting of the railroad overpass and wall, repaving of National Little League, temporary parking at the Verizon building in the downtown area and a potential mortgage payment workshop with Assemblyman Hernandez office, attorneys, etc. Councilmember Hanks congratulated Bryant Clay for his achievements at the Olympics as well as other Hanks athletes and asked that recognition be provided to all of them. He announced that SCAG will be having a Comments 'workshop on climate change and rules for green house gas on Thursday and asked that along with the workshop on AB 32 at the Utility Board Meeting lie would like to discuss potential contest about the use of solar energy. Mayor Rocha asked that the meeting be adjourned in memory of Catalina Ramirez; announced free yard Rocha sale Saturday and Sunday; asked who the owner of the catwalk that connects intersection of Viceroy and Comments Haltem as residents see it as a hazard; invited anyone to help with clean up at Citrus Crossings held there on Sundays from 8 a.m. — 9 a.m.; announced City Links will be held on September 1311, 20i1 271" and October 41h and requested a City trash bin on Pasadena by the church. Moved by Councilmember Gonzales, seconded by Councilmember Macias and unanimously carried to Sponsorship approve request for $100 sponsorship to Maricela Comers of Gladstone High to attend cheerleading camp. M. Correra Moved by Councilmember Macias, seconded by Mayor Pro -Tem Carrillo and unanimously carried to Cert. M. Double approve request for a certificate of recognition for Ms. Marian Double for 25 years of dedicated service as 25 years a teacher in the Charter Oak School District. Teacher SCHEDULED ITEMS Sched Items CONTINUED PUBLIC HEARING — APPEAL OF PLANNING COMMISSION DENIAL OF A USE Cont Pub Hrg PERMIT TO ALLOW THE CONSUMPTION OF ON-SITE BEER AND WINE IN CONJUNCTION Use Permit WITH A BONA FIDE RESTAURANT (USE PERMIT 2008-02).. Susana's Rest 'Assistant Community Development Director McNamara addressed the issue stating that this is an appeal of C. McNamara the June 11 t1 denial by Planning Commission who raised concerns regarding the project and its proposed Comments incompatibility with the neighboring adult business; the addition of alcohol and its contribution to crime in the area by an over concentration of on -sale licenses; Staff recommended approval of the use. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of said Hrg Open notice published in the Azusa Herald on July 24, 2008. Ms. Susana Gomez, Applicant, addressed the issue via translator, Ms. Maira Gomez, her daughter, S. Gomez responded to questions posed stating that the hours of operation are 10 a.m. — 8 p.m. on weekdays and 8 via interpreter a.m. — 8 p.m. on weekends, the restaurant has operated for one year and she would like to offer on-site beer Comments . and wine to increase business. Mr. Art Morales addressed the Hearing expressing his opinion in favor of the sales of on -sale beer and A. Morales wine stating that he Inas visited the restaurant; further, he objected to the adult business in the area and Comments noted that the accordion steel gates are not the responsibility of the applicant. Discussion was held between Councilmembers, City Attorney and Staff regarding on-site consumption, re - striping of the parking lot — not the tenants responsibility, the use permit, the question of increased crime, Discussion over concentration of liquor licenses and the creation of a long lasting establishment. City Attorney Carvalho advised that the adult business in the area was not to be considered in making finding for approval; it is a first amendment right for that business to be there and finding could be made by City Attorney approving the resolution as the report includes findings. Comments 'Moved by Mayor Pro -Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to close the Public Hearing. Hrg Closed Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING USE PERMIT Res. 08-C75 NO. UP 2008-02, A REQUEST TO PERMIT THE ON-SITE AND CONSUMPTION OF BEER AND Approve Use WINE IN CONJUNCTION WITH A BONA FIDE RESTAURANT CURRENTLY IN OPERATION Permit No. UP (SUSANA'S RESTAURANT), AT 1197 W. ARROW HIGHWAY. • 2008-02 09/02/08 PAGE THREE 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 PUBLIC HEARING — ON ANNUAL METROPOLITAN TRANSPORTATION AUTHORITY (MTA) Pub Hrg CONGESTION MANAGEMENT PROGRAM (CMP) LOCAL DEVELOPMENT REPORT. CMP 'Economic and Community Development Director Christianson addressed the issue stating that Congestion K. Christianson Management Program (CMP) was mandated as a result of a voter -approved initiative in 1990 and Comments establishes requirements for every city in Los Angels County and counties to adopt measures designed to reduce traffic congestion in the region. He noted that MTA had implemented a system of debits and credits that assign point values to development projects and congestion relief but in 2003 it was suspended and reporting is still required. He provided a summary of the homes built and demolished last year. 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 August 21, 2008. Testimony was solicited but none was received. Moved by Councilmember Gonzales, seconded by Mayor Hrg Closed Pro -Tem Carrillo and unanimously carried to close the Public Hearing. Mayor Pro -Tem Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, FINDING THE Res. 08-C76 CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) Adopting Local AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH Development CALIFORNIA GOVERNMENT CODE SECTION 65089. Report and self certification Moved by Mayor Pro -Tem Carrillo, 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, ROC14A NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A RESOLUTION OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT State Budget WOULD "BORROW" LOCAL GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION Fiscally FUNDS. Irresponsible City Manager Delach addressed the issue stating that this is at the request of the League of California City Mgr Cities; since the State has not adopted its budget there is a need to protect the redevelopment funds which Comments will impact the City via developments, reduction of COPS funding/Helicopter service program and CIP purchases. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY OF AZUSA OPPOSING FISCALLY IRRESPONSIBLE STATE Res. 08-C77 BUDGET DECISIONS THAT WOULD "BORROW" LOCAL GOVERNMENT REDEVELOPMENT Opposing AND TRANSPORTATION FUNDS. State Budget Decisions 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 The CONSENT CALENDAR consisting of Items D-1 through D-8 was approved by motion of Consent Cal Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried with the exception Approved of items D-5 and D-6, which were considered under the Special Call portion of the Agenda. The minutes of the regular meeting of August 4, 2008, were approved as written. Min appvd 09/02/08 PAGE FOUR 2. Human Resources Action Items were approved as follows: Merit Increase and/or Regular Appointments: O. Bruno, A. Magana, S. Salvatorre, C. Wilkins, R. Landeros, C. Grant, J. Saathoff, B. Parra, T. Montague, N. Carpenter, and V. Villagomez. New Appointment: R. Sok, Police Records Specialist I. Flexible Starting Promotion: J. Sanchez, Water Dist. Worker II and R. Gonzalez, Water Dist. Worker IL Reclassification: M. Bustamante, Transportation Dispatcher and I. Del Toro, Senior Management Analyst. Separation: H. Hamilton and S. Peterson. 3. The City Treasurer's Report as of July 31, 2008 was received and filed. HR Action Item; City Treas Rpt ' 4. The Memorial Park Roof Replacement Project Contract was awarded to Lavey Roofing Services, Mein Pk Roof Inc. Replacement 5. SPECIAL CALL ITEM. 6. SPECIAL CALL ITEM. Spec Call Spec Call 7. Approval was given for the purchase of the NICE, Mirra Series IV Digital Communications (voice) Digital Comm Logger from Versatile Information Products (VIP), Inc. in an amount not to exceed $30,413.39; Logger PD based on VIP, Inc. satisfying Azusa Municipal Code 2-522 (c), competitive bidding already completed under CMAS# 3-07-70-2453A and GSA# GS -3517-0579L for this product. 8. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 08-C78 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS Special Call Councilmember Gonzales asked about the reconstruction of Foothill/Huntington Drive west of the City and Gonzales when they may be addressed. City Manager Delach responded stating that City of Irwindale has committed Comments ' to reconstruction Foothill Boulevard to the City of Azusa boundaries and the proposed item is a design for Azusa's portion; he stated staff would look into the Duarte side of Huntington Drive. Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously carried to Reconstruction award a design contract to Coory Engineering to immediately begin design for the reconstruction of Foothill Blvd Foothill Boulevard and authorize the City Manager to execute the agreement. Councilmember Macias asked that the schedule for the Block 36 Storm Drain construction be phased in Macias sections and that temporary parking be provided. Staff responded that they would make every effort to Comments comply with the request. Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously carried to NIB Block 36 authorize Staff to solicit Notice Inviting Bids (NIB) for the Block 36 Storm Drain Improvements. Storm Drain THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT Cncl Recess 9:24 P.M. THE CITY COUNCIL RECONVENED AT 9:29 P.M. CRA Convene ORDINANCES/SPECIAL RESOLUTIONS Councilmember Hanks offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING PORTIONS OF THE AZUSA ZONING CODE AND DEVELOPMENT CODE CONCERNING THE DOWNTOWN NORTH II TARGET OVERLAY ZONE AND PROPERTY BOUNDED BY AZUSA 'AVENUE, NINTH STREET, SAN GABRIEL AVENUE AND THE METRO GOLD LINE FOOTHILL EXTENSION RIGHT-OF-WAY. Moved by Councilmember Hanks, seconded by Mayor Pro -Tem Carrillo to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCIIA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 09/02/08 PAGE FIVE Ord/Spec Resos Ord 08-010 Amend Zoning Code and Dev Code Downtowi North H Target Overlay Zone City Attorney Carvalho responded to comments made by Councilmember Gonzales and advised that since City Attorney there were not enough applications received for Board and Commission vacant positions to be filled that Comments the application period be extended for two weeks. In the event sufficient number of applications are not Bids & Com received, the question will be placed on the agenda of September 150s. Councilmember Macias thanked staff for repairing the clock tower and asked that staff look into the Macias feasibility of pressure washing the sidewalks in the downtown area. Comments Mayor Rocha suggested that the mortgage payment workshop which Mr. Macias was proposing could be Rocha held in conjunction with a similar type workshop he discussed formerly with the City Manager; it would Comments include mortgage companies and attorneys. It was consensus of Councilmembers to adjourn in memory of Catalina Ramirez, Mary Jo Kennedy, Adjourn in Amelia de Anda Picazo and Simon Rodriguez. Memory of C. Ramirez, M. Kennedy A. Picazo & S. Rodriguez UPCOMING MEETINGS: Upcoming Meetings September 15, 2008, City Council Meeting — 6:30 p.m. (Auditorium) September 22, 2008, Utility Board Meeting — 6:30 p.m. (Victor Hodge School -700 W. Ila, St. Azusa) October 6, 2008, City Council Meeting — 6:30 p.m. (Auditorium) October 20, 2008, City Council Meeting — 6:30 p.m. (Auditorium) October 27, 2008, Utility Board Meeting — 6:30 p.m. (Light and Water Conference Room) TIME OF ADJOURNMENT.- 9:34 P.M. . / � Z �e- a -l'- -, — v�-- CITY CLERK NEXT RESOLUTION NO. 2008-C79. NEXT ORDINANCE NO. 2008-011. 09//02/08 PAGE SIX