HomeMy WebLinkAboutMinutes - November 3, 2008 - CC' CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MONDAY, NOVEMBER 3, 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
The City Council recessed to Closed Session at 6:33 p.m. to discuss the following:
Recess
City Attorney Carvalho advised that with regard to the Real Property Negotiations at 150 W. 9'h Street
City Attorney
additional discussion would be held regarding Pending Litigation Government Section 54956.9 (a)
Comments
Redevelopment Agency of the city of Azusa v. E&T Foods, Inc. dba King Ranch Market (LASC Case No.
08U02021, relating to the same property.
Conf w/labor
1. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6)
Negotiator
Agency Negotiators: Administrative Services Director -Chief Financial Officer Kreimeier
Organizations ACEA, AMMA, and APMA
'
Real Prop
2. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Negotiations
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
830 N Azusa
Under Negotiation: Price and Terms of Payment
812 N. Azusa
Address: Negotiator:
801 N. Alamc
a. 830 N. Azusa Avenue, Azusa, CA 91702, Donna M. Matson
17511 Arrow
b. 812 N. Azusa Avenue, Azusa, CA 91702 John R. & Lillian O. Cortez, Cortez Family Trust
150 W. 91h St
c. . 801 N. Alameda Avenue, Azusa, CA 91702 John R. & Lillian O. Cortez, Cortez Family Trust
d. 17511 E. Arrow Hwy, Azusa, CA 91702 Fowler Family Trust
e. 150 W. 91h Street, Azusa; CA 91702 King Ranch Market, Aner Igelsias, Business
Owner
The City Council reconvened at 7:30 p.m. City Attorney Carvalho advised that there was reportable action Reconvened
with regard to the Real Property Negotiation at 150 W. 9ih Street and the Pending Litigation of Unlawful City Attorney
Detainer action. She stated that the City Council, by unanimous vote, directed the City Attorney's office to Comments
accept an offer that was made by King Ranch Market as follows: that the market be able to remain open Accept offer
and offered a stipulated judgment, which the Council would accept if they carry out their promise to vacate by King Ranc
the property by January 12, 2009, and to pay the City and Agency the sum of $75,000 of the holdover rent. Market
She detailed the history of the property and process of the lease agreement with Ranch Market and the
Unlawful Detainer when they failed to comply with the agreement.
Mayor Rocha called the meeting to order. Call to Order
Mr. Richard Carpenter led in the Salute to the Flag. Flag Salute
INVOCATION was given by President Richard A. Walker of the Church of Jesus Christ of Latter -Day Invocation
Saints.
ROLL CALL Roll Call
PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
ABSENT: COUNCILMEMBERS: NONE
ALSO PRESENT: Also Present
City Attorney Carvalho, City Manager Detach, Assistant City Manager Makshanoff, Police Chief Garcia,
Economic and Community Development Director Christianson, Assistant Community Development
Director McNamara, Director of Public Works/Assistant City Manager Haes, Public Information Officer
Quiroz, Building Official Keyes, Administrative Services Director -Chief Financial Officer Kreimeier, City
Clerk Mendoza, Deputy City Clerk Toscano.
PUBLIC PARTICIPATION Pub Part
Mr. Ralph Megna, Representative of King Ranch Market expressed his appreciation on behalf of R. Megna
employees of the market for allowing them to work during the holidays. King Ranch Mk
Mr. Miles Rosedale, representing the Canyon City Foundation addressed Council detailing the history of
the Foundation, its purpose and successes, the established website, and distribution of grants. The
following grant recipients addressed Council expressing appreciation for the grants and summarized their
projects: Ms. Karen Mitt — Neighborhood Homework House, Mr. Tom Andrews of Azusa — Keeping
History Alive Project, Mr. Harry Heflin — Youth Conference, Julie Pusztai — Neighborhood Wellness
Center.
M. Rosedale
Cyn City Found
Mitt, Andrews,
Heflin ai
Pusztai.
Mr. Mike Lee stated the following: urged all to vote tomorrow, expressed his opinion regarding the M. Lee
candidates; announced the City Election on March 3, 2009; congratulated Councilmember Macias for Comments
attaining the rank of Ensign; support to Home Kitchen, and urged all to support Azusa businesses.
Ms. Stephanie Mills asked that ordinance regarding the prohibition of tarps in front, side and back yards be S. Mills
reconsidered to state that if tarps can't be seen from the side and back of the house they should be allowed Comments
and if they are wom and tattered they should be removed.
Mr. Ted Garcia congratulated Councilmember Macias on his commission in the Navy for attaining the rank T. Garcia
of Ensign and stated that he is an asset to the Council; he expressed his views on individuals that speak at Comments
meetings and expressed his opinion regarding the candidates for the election.
Mr. Frank Allen addressed Council urging all to get out and vote and expressed his opinion regarding what F. Allen
he would be voting. Comments
Mr. Jorge Rosales addressed Council with the following questions: if the Pension Obligation Bonds J. Rosales
weren't sold, how much money would have to be paid to Calpers in ten years; what is the primary reason Comments
for relocating the utilities on Block 36 for the construction of the underground parking structure; and will
the Tax Allocations Bonds repay a loan from the City to the Agency and the money borrowed from the
Low to Mod Funds.
Mrs. Olivia Ordaz , on behalf of her husband, Sergeant First class Edgar Ordaz, addressed Council
expressing her appreciation to Mayor Rocha and Councilmember Gonzales for visiting their home when
her husband was on leave and for the special treatment they give military personnel. She presented Mayor
Rocha with a Certificate of Appreciation from the United States Army, signed by the Secretary of the
Army.
O. Ordaz
Presentation to
Mayor
Mr. Dennis Willut addressed Council with concerns that Charter Communication is destroying property at D. Willut
741 and 743 Soldano, i.e. cable damage, sprinklers and grass and requested a moratorium. He also talked Comments
about locks placed on meters and utility boxes to which residents were not provided with keys; Ire request a
committee be established to look into the problem.
City Manager Detach responded to questions posed stating that the bond proceeds will assist in paying off City Mgr
loans to the City and Utility; the loans for the housing bonds is not going to be paid back with bond Response
proceeds but Redevelopment tax increment; underground utilities for Block 36 were moved out of the to questions
alleyway to allow for more developable land; and the savings from the Pension Obligation Bonds is
estimated at 30-50 thousand dollars per year.
IREPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates
Mayor Pro -Tem Carrillo expressed congratulations to Councilmember Macias on his new commission in Carrillo
the U.S. Navy and urged all to get out and vote. Comments
Councilmember Macias congratulated recipients of the Canyon City Foundation Grants and urged all to Macias
C
vote.
omments
Councilmember Gonzales congratulated Councilmember Macias on his new commission, urged all to vote; Gonzales
thanked the Veterans who have given so much for the opportunity to vote. Comments
11/03/08 PAGE TWO
Councilmember Hanks congratulated Councilmember Macias and Mayor Rocha for, their achievements;
urged all to vote Not on Proposition 7 and Measure R as they will affect the City adversely and expressed
his personal opinion regarding Proposition 8.
Mayor Rocha invited all to the Veterans Day Observation on Tuesday, November 11' at I1 a.m. at the City
Hall Flag Pole; he announced the 11" Annual Food Drive to begin on November 21" through Friday
December 19", food will be distributed to the five local Food Banks; he announced that on Saturday,
December 60i, the Veterans Committee will be sending candy to servicemen stationed in Iraq and
Afghanistan, candy can be taken to the Office of the City Clerk; he announced the Foreclosure Workshop
to be held on Wednesday, November 12'" at 6:30 p.m. at the Azusa Senior; and urged all to vote.
SCHEDULED ITEMS
Hanks
Comments
Rocha
Comments
Sched Items
Building Official Keyes presented the proposed ordinance amending chapter 30 of the Azusa Municipal R. Keyes
Code and adopt 2008 Fire Code of Los Angeles County. He stated that the most significant change to the 2008 Fire Code
AMC is construction within the high fire security zone. Prop Ord
Councilmember Hanks offered an Ordinance for first reading entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA ADOPTING I" Rdg Ord
BY REFERENCE THE 2008 FIRE CODE OF THE LOS ANGELES COUNTY CODE AND Fire Code
AMENDING AZUSA MUNICIPAL CODE SECTION 30-36 AND ADDING SECTION 30-37.
Moved by Councilmember Hanks seconded by Mayor Pro -Tem Carrillo and unanimously carried to waive
further reading and introduce the ordinance and to set the'publie hearing for November 17, 2008.
Councilmember Gonzales offered an Ordinance for first reading entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING
CHAPTER 46 OF THE AZUSA MUNICIPAL CODE BY ADDING DIVISION I REGARDING
PAYMENT OF SPECIAL REWARDS.
Moved by Councilmember Gonzales, seconded by Councilmember Macias and unanimously carried to
waive further reading and introduce the ordinance.
Councilmember Macias offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, OFFERING A
SPECIAL REWARD IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000) LEADING TO
THE ARREST AND CONVICTION OF THE PERSON WHOSE WILLFUL MISCONDUCT
RESULTED IN THE DEATH OF PAULINE SQUIRES AND SERIOUS INJURY TO MICHAEL
BRAIER.
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
COUNCIL APPOINTMENT TO THE CANYON CITY FOUNDATION. City Manager Delach addressed
the matter requested that Council Members submit nominations to his office by November 13, 2008, at 12
noon, and that Executive Assistant to the City Manager Cravens will send Council dates for consideration
of the interviews. Moved by Mayor Pro -Tenn Carrillo, seconded by Councilmember Gonzales and
unanimously carried to accept City Managers request to submit nominations and hold interviews for
nominees for Canyon City Foundation Council appointees.
Councilmember Hanks offered a Resolution entitled
THE CITY OF AZUSA, CALIFORNIA, APPROVING AN EMERGENCY PAY POLICY FOR EXEMPT
EMPLOYEES WORKING OVERTIME IN RESPONSE TO A MAJOR DISASTER OR MAJOR
EMERGENCY DECLARED BY THE PRESIDENT OF THE UNITED STATES.
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, FLANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
11/03/08 PAGE THREE
Introduced PH I
for 11/17/08 1
1" Rdg Ord
Amend Chapte
46 Special
Rewards
Res. 08-C102.
$10,000 Rewa
Pauline Squire
& Michael
Braier
Canyon City
Foundation
Council
appointee
Res. 08-C 103
Approving
Emergency
Pay Policy
Employees
THE FOLLOWING ITEM WAS MOVED FROM THE CONSENT CALENDAR.
PENSION OBLIGATION BONDS. Administrative Services Director -Chief Financial Officer Kreimeier
presented the Pension Obligation Bonds detailing the process for the issuance of the bonds and responding
to questions posed. Councilmembers congratulated Mr. Kreimeier and staff for the work accomplished.
Councilmember Hanks offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
SUPPLEMENTING A RESOLUTION OF THE CITY COUNCIL ADOPTED JUNE 2, 2008,
PROVIDING FOR THE ISSUANCE OF ONE OR MORE SERIES OF CITY OF AZUSA TAXABLE
PENSION OBLIGATION BONDS, AND RATIFYING ACTION TAKEN ON JUNE 2, 2008,
APPROVING THE FORMS OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN
INDENTURE, BOND PURCHASE AGREEMENT AND OFFICIAL STATEMENT AND
AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH
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
Consent Item
Pension
Obligation Bond
A. Kreimeier
Res. 08-0104
Bond Purchase
Agmt, Stmnt
Authorizing
Issuance POB
The CONSENT CALENDAR consisting of Items D-1 through D-10 was approved by motion of
Councilmember Macias, seconded by Councilmember Gonzales, and unanimously carried with the Consent Cal
exception of items D-5, 6, 7, and 9, which was considered under the Special Call portion of the Agenda. Approved
1. The minutes of the regular meeting of October 20, 2008, were approved as written.
2. Human Resources Action Items were approved as follows:
Merit Increase and/or Regular Appointments: G. Acosta and E. Atencio.
3. The City Treasurer's Report as of September 30, 2008, was received and filed.
4. Approval was given for the purchase of panels, storage, and work surfaces for reconfiguration of the
' West wind I.T. area in accordance with Azusa Municipal Code Section 2-518 section B, supplies
and equipment bidding and contracting, informal or alternative purchasing procedure and
appropriate the required funds from the City's Public Works Endowment Fund to provide for the
project and the contract was awarded to the lowest bidder D&R Office Works in the amount of
$14,168.73.
5. SPECIAL CALL ITEM.
6. SPECIAL CALL ITEM.
SPECIAL CALL ITEM.
PENSION OBLIGATION BONDS ITEM MOVED TO SCHEDULED ITEMS.
9. SPECIAL CALL ITEM.
10. The following resolution was adopted and entitled:
Min appvd
HR Action
Items
Treas Rpt
Purchase of
Panels, storage
& work surface
& agmt w/D&R
Office Work
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN 08-C105
CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants
ARE TO BE PAID
SPECIAL CALL ITEMS Spec Call Item:
' Councilmember Macias addressed employee contracts thanking staff and Association Representatives for Macias
working together in coming to a consensus on the agreements. Mayor Rocha addressed the employees Rocha
contracts requesting that AMMA and APMA contracts include language as ACEA with regard to Comments
bereavement leave as follows: "Bereavement leave for close personal relationships other than listed Add'I language
relationships may be approved by the Department Head and Director of Human Resources." Moved by approved
Councilmember Macias, seconded by Councilmember Gonzales and unanimously carried to include the
language.
Moved by Councilmember. Macias, seconded by Councilmember Gonzales and unanimously carried that ACEA
the Azusa Classified Employee Association (ACEA) contract dated July 1, 2008 through June 30, 2010, be Contract
approved.
11/03/08 PAGE FOUR
Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously carried that
AMMA
the Azusa Middle Management Association (AMMA) contract dated August 1, 2008 through July 31,
Contract
2010, be approved.
Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously carried that
APMA
the Azusa Police Management Association (APMA) contract dated August 1, 2008 through July 31, 2010,
Contract
be approved.
Mayor Rocha addressed the Foothill Boulevard Cooperative Street Improvement Project Agreement asking
Rocha
if the cost estimate included construction with all the inspections, engineering and project management.
Comment
Director of.Public Works/Assistant City Manager Haes responded stating that the cost is the Engineers
Dir Pub Wks
' estimate for the construction of the street including all of Irwindale time for review of the project.
Response
Moved by Councilmember Hanks, seconded by Mayor Pro -Tem Carrillo and unanimously carried that the
Foothill Blvd
Foothill Boulevard Cooperative Street Improvement Project Agreement with the City of Irwindale to
Stlmpvmt
reconstruct Foothill Boulevard from the Westerly city boundary to Todd Avenue, be approved.
Project Agmt
THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT Cncl Recess
9:00 P.M. THE CITY COUNCIL AND THE AZUSA PUBLIC FINANCING AUTHORITY CRP. Convene
CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT 9:08 P.M.,
JOINT ITEM: CITY COUNCIL, REDEVELOPMENT AGENCY AND AZUSA PUBLIC Convene Jntly
FINANCING AUTHORITY. Cncl,CRA,APF)
AUTHORIZATION TO ISSUE TAX ALLOCATION BONDS TO FINANCE PROPERTY Tax Allocation
ACQUISITION, PUBLIC IMPROVEMENTS, AND PUBLIC FACILITIES RESOLUTIONS OF THE Bonds
CITY, AZUSA REDEVELOPMENT AGENCY AND AZUSA PUBLIC FINANCING AUTHORITY
AUTHORIZING THE ISSUANCE AND DELIVERY OF ITS AZUSA'S 2008 TAX ALLOCATION
BONDS, APPROVING TWO INDENTURES OF TRUST, TWO PRELIMINARY OFFICIAL
STATEMENTS, AND A BOND PURCHASE CONTRACT, AND AUTHORIZING OFFICIAL
ACTIONS AND EXECUTION OF DOCUMENTS RELATED THERETO.
' City Manager/Executive Director Delach addressed the issue announcing that the City received an A- City Mgr
rating which will result in a savings of 2.5 million dollars for the life of the bonds and is equivalent to an Comments
A+ rating for the refunded bonds which is part of this process.
Administrative Services Director -Chief Financial Officer Kreimeier presented the Tax Allocation Bonds ASD -CFO
from the Azusa Redevelopment Agency to repay the General Fond, Light and Water Fund and to provide Kreimeier
for some infrastructure in the downtown area; Ire detailed how the escrow funds will be issued, invested presented
and the additional tax increment funds. He talked about the (rousing component, for acquiring less Bonds
desirable housing, rnulti-family, which developers will build new multifamily housing. Discussion was
held regarding the need for affordable housing in the City.
Director Macias offered a Resolution entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING Res. 08-R46
THE ISSUANCE OF ITS AMENDED AND RESTATED MERGED CENTRAL BUSINESS DISTRICT Appvg issuance
AND WEST END REDEVELOPMENT PROJECT AREA TAX ALLOCATION BONDS, APPROVING Amended,
TRUST INDENTURES, AN OFFICIAL STATEMENT, A PURCHASE AGREEMENT, SETTING THE Restated Tax
MAXIMUM FINAL TERMS OF THE SALE OF THE BONDS AND MAKING CERTAIN AllocationBom
DETERMINATIONS RELATING THERETO.
Moved by Director Macias, seconded by Director Carrillo to waive further reading and adopt. Resolution
passed and adopted by the following vote of the Agency Board Members:
' AYES: DIRECTORS: _ GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: NONE
Board Member Gonzales offered a Resolution entitled:
A RESOLUTION OF THE AZUSA PUBLIC FINANCING AUTHORITY, APPROVING THE .Res. 08-P4
PURCHASE AND RESALE OF BONDS OF THE REDEVELOPMENT AGENCY OF THE CITY OF Appvg Purchas
AZUSA, APPROVING A FORM OF PURCHASE AGREEMENT CERTAIN OTHER MATTERS and Resale Bor
RELATING THERETO. of CRA and foi
of Purchase Ag
11/03/08 PAGE FIVE
Moved by Board Member Gonzales, seconded by Board Member Hanks to waive further reading and
adopt. Resolution passed and adopted by the following vote of the Authority Board Members:
AYES: BOARD MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: BOARD MEMBERS: NONE
ABSENT: BOARD MEMBERS: NONE
Councilmember Hanks offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING Res. 08-C 106,
THE FINANCING OF AMENDED AND RESTATED MERGED CENTRAL BUSINESS DISTRICT Appvg Financir
AND WEST END REDEVELOPMENT PROJECT AREA BY THE REDEVELOPMENT AGENCY OF of the Amended
THE CITY OF AZUSA AND OTHER MATTERS RELATING THERETO. & Restate
Merged CBD
Moved by Councilmember Hanks, seconded by Councilmember Gonzales to waive further reading and West End
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 REDEVELOPMENT AGENCY AND AZUSA PUBLIC FINANCING ADJOURNED AND CRA & APFA
THE CITY COUNCIL RECONVENED AT 9:22 P.M. Adjourn Cncl
Convened
Moved by Councilmember Gonzales, seconded by Mayor Pro -Tem Carrillo and unanimously carried to Adjourn
adjourn.
UPCOMING MEETINGS: Upcoming
Meetings
November 17, 2008, City Council Meeting — 6:30 p.m. (Auditorium)
November 24, 2008, Utility Board Meeting — 6:30 p.m. (Azusa Light and Water Conference Room)
December 1, 2008, City Council Meeting — 6:30 p.m. (Auditorium)
December 15, 2008, City Council Meeting — 6:30 p.m. (Auditorium)
TIME OF ADJOURNMENT: 9:23 P.M.
NEXT RESOLUTION NO. 2008-007
NEXT ORDINANCE NO. 2008-011.
11/03/08 PAGE SIX