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HomeMy WebLinkAboutMinutes - April 6, 2009 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, APRIL 6, 2009 — 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 E. Foothill Boulevard, Azusa, CA 91702. CEREMONIAL The City Council presented a Proclamation to a recipient of a transplant in recognition of National Donate Life Month. Certificates to Recognition to Andres Hooper and Richard Lopez Casillas, local wrestlers of Azusa, who won first place in the California Folkstyle State Championship. Proclamation in recognition of the Census Program was presented to representatives of the Census. CLOSED SESSION The City Council recessed to Closed Session at 6:48 p.m. to discuss the following: Closed Sess Recess 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. Conf w/legal 54956.9 (a)). Daniel Torres v. City of Azusa, and DOES I through 10, Case No. CV 09-01211 Cnsl Torres 2. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LYYIGATION (Gov. Code Sec. Conf w/legal 54956.9. (c )). Sakata Moon -One Case. Cnsl Moon 3. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of Payment Atlantis Gardens Address: 611 East Lime Street, Azusa, CA 91702 Negotiating Parties: James Youngstrom Address: 610 East 6th Street, Azusa, CA 91702 Negotiating Parties: Ernesto & Elena Castruita Address: 670 East 6th Street, Azusa, CA 91702 Negotiating Parties: Ernesto & Elena Castruita Address: 627 East Lime Street, Azusa, CA 91702 Negotiating Parties: Augustine Juarez Address: 600 East 6`h Street, Azusa, CA 91702 Negotiating Parties: Thang Huynh & Jenny Sau Cheung Tang Address: 641 Glenfmnan Avenue, Azusa, CA 91702 Negotiating Parties: Gonzalo & Maricela Cruz Address: 601 North Cedarglen Drive, Azusa, CA 91702 Negotiating Parties: Lupe Rubio Address: 615 North Cedarglen Drive, Azusa, CA 91702 Negotiating Parties: Lupe Rubio Address: 628 North Cedarglen Drive, Azusa, CA 91702 Negotiating Parties: Guillermo Martinez Address: No Site Address 8608-001-001 Negotiating Parties: Joyce C. Moline Trust Real Prop Negotiations Atlantis Garden 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec.54956.9 Conf w/legal jalh AJDM v. City of Azusa, et al. Los Angeles Superior Court, Case No. BSI 11893 and City of Cnsl D -Club Azusa v. AJDM Corp. Los Angeles Superior Court, Case No. KC051862. (D -Club) Mr. Mike Lee addressed item regarding real property negations with regard to Atlantis Gardens expressing M. Lee his concern that the low cost housing in that area may be used by Azusa Pacific University students as he Comments doesn't think they have interest in the city. The City Council reconvened at 7:42 p.m. City Attorney Carvalho advised that there was no reportable Reconvened action taken in Closed Session and that they will be reconvening at the end of the meeting to discuss item No Reports number 3. Cont to end Mayor Rocha called the meeting to order. Call to Order Mrs. Lorraine Somes and Tyler Somes led in the Salute to the Flag. Flag Salute INVOCATION was given by Pastor Deanna Robinson of Foothill Community Church 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, Azusa Police Chief Garcia, Director of Public Works/Assistant City Manager Haes, Economic Development Director Christianson, City Treasurer Hamilton, Library Director Tovar, Assistant to Director of Utilities Kalscheuer, Administrative Technician Cawte, Public Information Officer Quiroz, Director of Information Technology Graf, Director of Recreation and Family Services Jacobs, Assistant Community Development Director McNamara, City Clerk Mendoza, Deputy City Clerk Toscano. Messrs. Augustine Duran and Edgar Salgado, Representatives of the Census Bureau provided information Representatives regarding the upcoming 2010 Census. They talked about the significance of everyone being counted in the 2010 Census Census and the benefits that each City will receive. City Manager Delach talked about becoming an A. Duran entitlement City which is having a population of 50,000 and will enable the City to deal with the Federal E. Salgado Government directly when relating to grants, etc. 'PUBLIC PARTICIPATION Pub Part Mr. Mike Lee addressed Council requesting that the City be business friendly and talked about loosening M. Lee the sign ordinance, especially with regards to Rene's Restaurant. He relayed other items of his concern. Comments Mr. Bill Driever addressed Council expressing his opinion regarding Rene's Restaurant and its signage. B. Driever Ms. Irene Villapania, Executive Director of the Azusa Chamber of Commerce provided an update on its I. Villapania membership, events and latest activities. Comments Mr. Gilbert Becenil introduced Mr. and Mrs. Harris whose son Leroy Harris lost his life in the line of duty G. Becerril in Iraq and Curtis Napier who designed the Freedom is Not Free Memorial in front of City Hall; they C. Napier displayed a blueprint for additions to the Memorial. Mrs. Harris thanked the City for being supportive of Harris' the service people and the memory of her son. Mr. Becerril announced the sold out Veterans Dinner at the VFW on April 251". Ms. Peggy Martinez, President of the Downtown Business Association, thanked Council for their support P. Martinez of the Miss Azusa Scholarship Program and detailed the advantages of the being part of the program. She Comments talked about an upcoming fundraiser on June 13th. Ms. Crystal Munoz, Miss Azusa 2009, and Ms. Sara C. Munoz Weir, Miss Outstanding Teen Azusa addressed Council thanking them for their support; runners up were S. Weir also introduced. Mr. Richard Soto, owner of Rene's Cafe, addressed Council requesting that they reconsider the sign R. Soto ordinance. He thanked the Knights of Columbus for their support and the Police Department for their Comments increased presence and asked for additional presence in the morning due to unruly kids and homeless ' people. Mr. James Toth addressed Council stating that the. ban on the signs has hurt Rene's Restaurant and Azusa J. Toth Donuts due to their location and requested some professionally made signs be allowed. Comments Mr. Philip Hanks, owner of Azusa Donuts, addressed Council stating that banners and professional signs P. Hanks are not allowed, but if they were it would help his business. Comments Mr. George Vagenas addressed Council, on behalf of his parents, Agnes and Alex Vagenas, requesting that G. Vagenas Council keep their campaign promises with regard to eminent domain; he read articles regarding comments Comments made by Council; talked about the issue and his parents land on Azusa Avenue. 04/06/09 PAGE TWO Ms. Suzanne Avila of CRC addressed Council reminding all that April 22nd is Earth Day and April is Clean S. Avila and and Green Month; she announced the Think River San Gabriel River Clean up event. She introduced Mr. A. McMinn Austin McMinn, a Boy Scout, who is currently working on an Eagle Project, of which Ire has chosen to Earth Day plan, design and create the Think River San Gabriel River Clean up for this year. He stated that he is April 22"d working with Suzanne, and the event will be held on Saturday, April 18, 2009, from 9 a.m. to 11:30 a.m. at the Azusa River Park; he announced the sponsors of the event as follows: Athen's Disposal Services, Azusa Historical Society, Azusa Pacific School of Nursing, California Conservation Corp, La Flor De Mexico, Rainbird, Rivers and Mountains Conservancy, Vulcan Materials Company and the U.S. Forest Service. He invited all to attend the event and introduced his family to the Council and audience. 'Mr. Dennis Willut addressed Council regarding the following: explanation as to why he received a check D. Willut from the city; removal of student vouchers by the President; off shore oil drilling; the need for financial Comments journals in the Library; lower utility billing for seniors and lower/discounted rents. City Manager Delach responded to questions posed during public participation regarding appraisal of City Manager property at 832 N. Azusa, and to the letter to Mr. Willut regarding a refund of a deposit from Utility. Comments REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Updates/cncl Mayor Rocha addressed item regarding security systems and associated city fees stating that citizens who Rocha have been obtaining security systems are not aware of associated fees; he has asked staff of the Business Comments License Department to notify customers that there is a connection fee of $26 and $17 a year service fee. Security Systems Moved by Councilmember Hanks, seconded by Councilmember Carrillo and unanimously carried that Proc Azusa request for a proclamation for the Azusa Ministerial Association, to be presented at the May 20, Mayor's Ministerial breakfast, is approved. Association Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried that Proc Mayor request for a proclamation for farewell celebration of Mayor Hammond in Monrovia, be approved. Hammond Mon Assistant to the Utilities Director Kalscheuer and Administrative Technician Cawte provided a Update on Clean presentation on Clean and Green Month and detailed the following programs: HHW Program, Bulky and Green Month Waste, Old Tires, Junk Cars, Used Motor Oil Recycling, Sharps, Waste Conservation Programs, Low Flush C. Kalscheuer Toilet Program, DRiP Rebate Program, Solar Energy Rebate Program, Other Energy Efficiency Programs, F. Cawte 'Drop Off Recycling Program, Reusable Grocery Bags, Think River, APU Sustainability Symposium and Azusa Beautiful. Update on enforcement of temporary banner signs in the City of Azusa. City Attorney Carvalho talked Update on about free standing A -Frame signs noting that these are prohibited in the Azusa Municipal Code and City Temporary Manager Delach noted the liabilities involved with signs in the public right of way, not only to the Banner Signs business, but to the City as well; he noted that staff is willing to work with them to get signs on their City Attorney buildings, but not in the public right of way. With regard to banner relaxation, he stated that staff is City Manager recommending to allow special banner with permits for 90 -days for the next 12 months. City Attorney Carvalho responded noting the difficulties of amending the sign ordinance to allow the temporary signs from time to time and suggested adding a section to the code stating that the City Council may, by resolution, extend the 30 days for a specified period, due to economic times, etc. Lengthy discussion was held between Councilmembers and staff regarding the following: definition of Lengthy banner sign, signs in the public right of way and its definition, economic times, locations for certain discussion businesses, length of time extension, the affect of the lack of signage at certain businesses, and the statistics Temp Banner regarding sales at Marie Calendars. Mr. Hall of Marie Calendars added comments regarding his restaurant Permits stating that a monument sign would take too long and cost too much and talked about the increase in his lease. Moved by Mayor Pro -Tem Macias, seconded by Councilmember Carrillo to accept staff recommendation Motion to have a to extend temporary banner permits for 90 days. Moved by Councilmember Gonzales, seconded by Mayor 120 Temp Banner Rocha and unanimously carried to amend that motion to allow 120 days in a twelve month period by via Resolution resolution. Councilmember Hanks asked that the issue be tracked in order to find if it makes a difference within businesses. Mayor Pro -Tem Macias announced the Azusa Woman's Club Prayer Breakfast on April 8'"- and he talked Macias about his experience with the Azusa Police Department training program; he praised the department for the Comments excellent training and good work. Councilmember Gonzales advised that he had the pleasure of attending a ride a long at the Police Gonzales Department with a tagger detail; he announced the annual Easter Egg Hunt at Memorial Park on Saturday, Comments April I Ph; he announced the ICSC Conference on May 18d', and the possibility of re -scheduling the Council Meeting; he wished all a wonderful Easter. 04/06/09 PAGE THREE Councilmember Carrillo wished al a Happy Easter. Mayor Rocha asked that the meeting be adjourned in memory of Fred Somes and congratulated Azusans who were recently recognized by Assemblyman Ed Hernandez; Arbor Day is on April 16, 2009, at Memorial Park at 5:00 p.m. Staff provided him with work being done on Sierra Madre and Azusa Avenue. SCHEDULED ITEMS Carrillo ose Luis Castro; Rocha reminded all that Comments an update on the ADOPTION OF REGULATORY AND ZONING STANDARDS Sched Items Report on Measures Moratorium Massages Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried to Report accept the Report on measures taken to alleviate the conditions which led to the adoption of Urgency Accepted Ordinance 08-02 establishing a moratorium on the establishment of businesses offering massages pending study and adoption of regulatory and zoning standards. The CONSENT CALENDAR consisting of Items D -I through D-13 was approved by motion of Consent Calendar Councilmember Carrillo, seconded by Gonzales and unanimously carried with the exception of items Approved D6, D-7, and D-12, which were considered under the Special Call portion of the Agenda. Items D-3 and Spec D-6, 7, 12. D-1 I were acknowledged and Council thanked staff for their work regarding them. The minutes of the regular meeting of March 16, 2009, 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. Macias, S Gerszewski, Promotions: M. Bertelson, Police Lieutenant Separation: S. Salvatore. 3. The City Treasurer's Report as of February 28, 2009 was received and filed. Mayor Rocha Treas Report addressed this item to formally thank the City Treasurer Marcene Hamilton for interest earned. 4. Formal sealed bids were waived in accordance with Azusa Municipal Code Using alternative HdL Code Enf purchasing procedures for purchases not involving public projects; approval was given for the Software purchase of the HdL Code Enforcement Software module in the amount not to exceed $39,895.00, Approved and the City Manager was authorized to execute the agreement, per municipal code section 2-526. 5. Approval was given for the purchase and installation of a new scoreboard at the Memorial Park New Scoreboard Northwest Ball Diamond in the amount of $12,974.99. Memorial Park 6. SPECIAL CALL ITEM. 7. SPECIAL CALL ITEM. Spec Call Spec Call 8. Approval was given for the purchase of personal climate controls for four workstations from Xybix Purchase Systems, Inc. and the purchase of the climate controls based on a competitive bid process completed Workstations by the City of La Mirada where dispatch furniture was purchased for the La Mirada Community Xybix Systems Sheriffs Station. This "piggyback" purchase is authorized by AMC Section 2-523(E) when the competitive bid process has already been completed. 9. The Notice of Completion for the Memorial Park Roof Replacement Project was approved and staff NOC Mem Pk was authorized to file the Notices of Completion with the Los Angeles County Clerk. Roof Replace 10. Authorization was given to staff to solicit Request for Proposals (RFP) for Pavement Management RFP Pavement 08-09 and Foothill Boulevard Reconstruction Phase II. Councilmember Gonzales thanked staff for Management their work on this item. 11. Authorization was given to staff to enter into separate professional services agreements with KOA Traffic Engr Svs Corporation and Transportation & Energy Solutions, Inc. to provide general professional traffic KOA Corp. engineering services on an as -needed basis in an amount not to exceed $20,000. Councilmember Hanks thanked staff for their work on this item. 12. SPECIAL CALL ITEM. Spec Call 13. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 09-C31 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. 04/06/09 PAGE FOUR SPECIAL CALL ITEMS Spec Call Items Director of Recreation and Family Services Jacobs responded to questions posed by Councilmember Hanks Dis re: Senior and Mayor Rocha regarding the Senior Meal Program, possible liabilities and statements in contract Meal Program regarding poultry and holidays; City Attorney advised that she could go over the contract to add comments to note where the City is not liable and asterisks would be placed for designated holidays for home delivered meals. Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously carried to RFP Senior approve the Request for Proposal for on site cooking for the Senior Meal Program, allowing Meals approved implementation of the open bid procedure as required by the Los Angeles County Area on Aging to secure 'senior meals for 2009 — 2010. Mayor Pro -Tem Macias addressed item regarding the Lease Agreement with the State of California for the Dis re: Lease Azusa Armory asking if the city has first right of refusal to purchase the property and staff responded Agint Armory stating that they would look into the matter via a letter to State Representatives. Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously carried to Lease Agmt w/ approve the five-year lease agreement between the City of Azusa and the State of California Department of State Armory General Services for use of the Azusa Armory and authorize the Mayor to execute the lease on behalf of approved the City. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res. 09-C29 AUTHORIZING THE MAYOR TO SIGN THE BUILDING SPACE LEASE FOR THE AZUSA Lease Armory ARMORY BETWEEN THE CITY OF AZUSA AND THE STATE DEPARTMENT OF GENERAL State SERVICES. 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 'Staff responded to questions regarding the County storm channel and the lack of sidewalks, stating that they will continue to follow up with the County on the pedestrian bridge over the wash. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE SAN DIMAS WASH BEN LOMOND SPREADING GROUNDS INTERCONNECTING DRAIN TO CITRUS SPREADING GROUNDS PROJECT; CONCURRING WITH THE LOS ANGELES COUNTY'S ENVIRONMENTAL FINDING, AUTHORIZING THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT TO PROCEED WITH THE CONSTRUCTION OF THE PROJECT AND OTHER RELATED FINDINGS AND APPROVALS. 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: Res. 09-C30 Plans & Specs Co Flood Control District to proceed w/projec THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT CRA Convene 10:11 P.M. THE CITY COUNCIL RECONVENED AT 10:40 P.M. Cncl reconvened City Manager Delach announced that the May 18'h Council Meeting will be canceled and another date City Mgr would be selected or it will be held in conjunction with the Utility Board Meeting on May 25'h. Comments The City Council reconvened into Closed Session at 10:40 p.m. to discuss the following: Recess to Closed Session 3. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Property Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiations Under Negotiation: Price and Terms of Payment Atlantis Gardens Address: Negotiating Parties: Address: Negotiating Parties: Address: Negotiating Parties: Address: 04/06/09 PAGE FIVE 611 East Lime Street, Azusa, CA 91702 James Youngstrom 610 East 6th Street, Azusa, CA 91702 Ernesto & Elena Castruita 670 East 6th Street, Azusa, CA 91702 Ernesto & Elena Castruita 627 East Lime Street, Azusa, CA 91702 Atlantis Gardens Adjourn in It was consensus of Councilmembers to adjourn in memory of Fred Somes and Jose Luis Castro. Memory of F. Somes & J. L. Castro TIME OF ADJOURNMENT: 10:57 P.M. CITY CLERK INEXT RESOLUTION NO. 2009-C32. NEXT ORDINANCE NO. 2009-02. 04/06/09 PAGE SIX Negotiating Parties: Augustine Juarez Address: 600 East 6th Street, Azusa, CA 91702 Negotiating Parties: Thang Huynh & Jenny San Cheung Tang Address: 641 Glenfmnan Avenue, Azusa, CA 91702 Negotiating Parties: Gonzalo & Maricela Cruz Address: 601 North Cedarglen Drive, Azusa, CA 91702 Negotiating Parties: Lupe Rubio Address: 615 North Cedarglen Drive, Azusa, CA 91702 Negotiating Parties: Lupe Rubio Address: 628 North Cedarglen Drive, Azusa, CA 91702 Negotiating Parties: Guillermo Martinez t Address: No Site Address 8608-001-001 Negotiating Parties: Joyce C. Moline Trust Reconvened The City Council reconvened at 10:56 p.m; there was no reportable action taken in Closed Session. No action Adjourn in It was consensus of Councilmembers to adjourn in memory of Fred Somes and Jose Luis Castro. Memory of F. Somes & J. L. Castro TIME OF ADJOURNMENT: 10:57 P.M. CITY CLERK INEXT RESOLUTION NO. 2009-C32. NEXT ORDINANCE NO. 2009-02. 04/06/09 PAGE SIX