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HomeMy WebLinkAboutMinutes - July 7, 2009 - CCCITY OF AZUSA ' MINUTES OF THE CITY COUNCIL REGULAR MEETING TUESDAY, JULY 7, 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 East Foothill Boulevard, Azusa, CA, 91702. CEREMONIAL Ceremonial Ms. Adrian Martinez of Recreation and Family Services and Director of Kids Come First Golf Tournament announced that the event was a great success and netted $13,000, she invited sponsors to come forward to receive their recognition. Councilman Hanks read the Certificate and presented it to the sponsors in attendance, the sponsors were as follows: Vulcan Materials, Athens Services, Jan's Towing, Tierra West Advisors, Rich Development Co., Waste Management, Canyon City BBQ, Veolia Environmental Services, and Best Best & Krieger. CLOSED SESSION Closed Sess The City Council recessed to Closed Session at 6:37 p.m. to discuss the following: Recess ' 1. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Real Prop Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiations Under Negotiation: Price and Terms of Payment 246 N. Azusa Address: 246 N. Azusa Avenue Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency/Jakes Hotdogs and Sausages/EDLP (Tenants) 2. PUBLIC EMPLOYMENT (Gov. Code See. 54957) Title: Utilities Director Pub Emp 3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Gov. Code Conf w/legal Sec. 54956.9 (b)). One case. Cnsl The City Council reconvened at 7:32 p.m. City Attorney Ferre announced that there was no reportable Reconvened action taken on items 1 and 2 from Closed Session, but, that there was a need to address item 3 which No Reports would be at the end of the business meeting. Mayor Rocha called the meeting to order. Call to Order Jessica, Vanessa, and Robert Naranjo led in the Salute to the Flag in memory of their mother Lucy Flag Salute Naranjo. INVOCATION was given by Bishop Timothy Bradbury Monzello of the Church of Jesus Christ of Invocation Latter -Day Saints ROLL CALL PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: City Attorney Ferre, City Manager Delach, Assistant City Manager Makshanoff, Azusa Police Chief Garcia, Economic and Community Development Director Christianson, Director of Utilities Hsu, Assistant Community Development Director McNamara, Director of Public Works/Assistant City Manager Haes, City Treasurer Hamilton, Director of Recreation and Family Services Jacobs, Director of Information Technology Graf, Senior Planner Cole, Assistant Planner Pilmer, Public Information Officer Quiroz, Administrative Services Director -Chief Financial Officer Kreimeier, Acting Library Director Shahsavari, City Clerk Mendoza, Deputy City Clerk Toscano. Roll Call Also Present CEREMONIAL (Continued) Ceremonial con't Councilmember Gonzales provided information regarding the process of adjourning in memory of Gonzales persons and recognition by the City. Mayor Rocha advised that the meeting will be adjourned in Comments memory of Gloria Ortiz and Lino Sausedo Salse. Councilmember Carrillo read and presented Certificate of Adjournment in Memory of Lino Sausedo Cert of Adjourn Salse. L. Salse PUBLIC PARTICIPATION Pub Part 'Mr. Tim Mars addressed Council detailing his business venture of a Medical Marijuana Clinic and T. Mars asked what the City's policies were regarding the clinics. Members of the Canyon City Car Club, Richard Lugo, George Romero, John Naranjo, presented $250 scholarships to Ms. Reina Barrios of Gladstone High school and Mr. Adrian Gatea of Azusa High School. He advised that there will be a fundraiser Cruise Night at California Burgers on Saturday, July 11th. He advised that on Saturday July 25th in honor of the 60th Anniversary of Memorial Park they will have a car show, Pork Chop Tom band and other entertainment. John Naranjo thanked the City Council for honoring his mother. Chief of Police Garcia responded to question regarding the City's policy on Medical Marijuana Clinics stating that there is a moratorium on such clinics and that he is opposed to them as they cause problems and they are not to be for profit. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF City Clerk Mendoza announced the following: Notice Is Hereby Given of City Board and Commission term of office expirations, ending September 30, 2009, for the following: 3 positions Architectural Barriers Commission 1 position Cultural and Historical Preservation Commission 2 positions Human Relations Commission 1 position Library Commission 1 position Personnel Board 2 positions Planning Commission Applications are available in the City Clerk's Office and City Manager's Office, 213 East Foothill Boulevard, City Library, 729 N. Dalton Avenue, Light & Water Department, 729 N. Azusa Avenue, Police Department, 725 N. Alameda, Azusa, and at: www.ci.azusa.ca.us, for interested residents. Applications will be accepted through August 27, 2009. For further information please call: (626) 812-5271. Canyon City Car Club Presentation of Scholarships R. Garcia Comments Medical Mrjna Rpts/Updates City Clrk Annmct Notice of Board & Com expirations Discussion regarding consideration of canceling City Council meetings in August. Moved by Disc August Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried to approve to Meetings All cancel City Council meetings in August as well as the Utility Board. were Canceled Moved by Mayor Pro -Tem Macias, seconded by Councilmember Gonzales and unanimously carried to Proc Sgt. Patrick approve request for proclamation for Sgt. Patrick Flanery, for 36 years of service as a soldier; to be Flanery presented July 18. Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously carried to Proc New approve Request for a proclamation for the Learning Center, at New Harvest Church, for their 15th Harvest Learn anniversary, to be presented July 26. Center City Manager Delach announced that he has been informed by Metropolitan Transit Authority staff City Mgr that the City of Azusa grant applications and call for projects are being considered on September 22nd. Update MTA If approved the City would receive 3.5 million dollars for a transit center parking structure downtown Grants in proximity to the Gold Line station and downtown development, as well as $669,000 for the Azusa 'Avenue Gateway project. Mayor Pro -Tem Macias requested that a joint meeting be held with the Irwindale City Council as there Macias are a number of issues that need to be addressed, i.e. Day Labor Site and proposed MRF; he suggested Comments the end of the year. He expressed appreciation to all the Fireworks group workers, and the non profits groups for their hard work. He recognized that it was the last City Council meeting for Director of Utilities Hsu and again thanked him for the 26 and a half years of excellent service. Councilmember Hanks too acknowledged Mr. Hsu wishing him a joyous and well earned retirement. Councilmember Carrillo reminded all to vote on July 14th, for the representative of the 32nd Hanks Congressional District. He referred the public to Los Angeles County Registrar Recorder or the City Comments Carrillo 07/07/09 PAGE TWO Comments Clerk's Office for information regarding polling place. He reminded all that Azusa has Cooling Centers at the City Library, Senior Center and Memorial Park, thanked the service groups for volunteer hours at the Fireworks booths and congratulated Mr. Hsu on his retirement. Mayor Rocha expressed his appreciation to Mr. Joe Hsu; announced that the Council would be adjourning in memory of Lino Sausedo Salse and Gloria Ortiz; and reminded all to keep our soldiers in prayer, referring to the great ceremony held on July 4th revealing the new remodeled monument. He requested an update on the prescription drug program. City Manager Detach and Assistant City Manager Makshanoff responded noting that they are awaiting documents from National League of California Cities and they are beginning the project in about weeks. He asked about a possible training session for those who wish to help work cleaning up on and off ramps at the 210 freeway; Assistant City Manager Makshanoff responded stating they would have a program. Mayor 'Pro -Tem Macias advised that the California Conservation Corp will also be volunteering with freeway clean ups. Mayor Rocha invited all to attend the tree planting ceremony on Saturday, July 11th, in honor of the Census 2010, at Memorial Park. City Manager Detach provided an update on the benefits of the City becoming an Entitlement City when they reach a population of 50,000. Mayor Rocha reminded all of Cruise Night on Saturday at California Burgers; Chamber Installation Dinner on Monday July 13th; announced the Summer Reading Program at the Library talked about the importance of joint meetings with other entities. SCHEDULEDITEMS PUBLIC HEARING — SCHEDULE OF FEES AND CHARGES. Mayor Rocha Comments Sched Items PH User Fees City Manager Detach announced that staff would like to make a modification to the fees and charges City Mgr for 2009/10, by providing a 45% discount for building permits that relate to solar panel installations Solar Panel and that would be an amendment to the resolution for. development fees. He responded to question Fee discount posed by Councilmember Hanks that this is for residents within the City. Director of Administrative Services/Chief Financial Officer Kreimeier addressed the public hearing A. Kreimeier presenting the User Fee Schedule for Various Municipal Activities and Services as well as the Presentation resolution formally enacting the Development Project Fees and noted where applicable the schedules reflect the increase in the consumer price index and that most fees have remained the same as last year's level. Mayor Rocha requested that the fee for pool rental be kept at the same level as last year for residents Rocha 'and that the Utility tum on/off fee be kept at $119; all Councilmembers agreed. Discussion was held Comment between Councilmembers and staff regarding basis for the increase in fees. The Mayor declared the Hearing open. City Clerk read the proof of publication of notice of Hrg Open said Hearing published in the Azusa Herald on June 18, and 25, 2009. Testimony was solicited, but, none was received. Moved by Councilmember Hanks, seconded by Testimony/none Councilmember Carrillo and unanimously carried to close the Public Hearing. Hrg Closed Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously carried to Res. 09-R53 adopt Resolution No. 09-053, Establishing a User Fee Schedule for Various Municipal Activities and Establish User Services, with revision regarding a $25 non resident pool rental fee and keeping the same amount of Fee Various $119 for Utility turn on/off fee. Activities Moved by Councilmember Hanks, seconded by Councilmember Carrillo and unanimously carried to Res. 09-R54 adopt Resolution No. 09-054, Establishing certain Development Project Fees and Service Charges, Establish Dev with revision regarding the 45% reduction in Building Permit Fee for Solar Panels. Fees Schedule PUBLIC HEARING — APPEAL OF MINOR USE PERMIT MUP 2008-18 PLANNING Pub Hrg COMMISSION DENIAL OF A MINOR USE PERMIT APPLICATION TO ALLOW THE Appeal Minor OPERATION OF A LARGE FAMILY DAY CARE HOME PROVIDING CARE FOR UP TO 14 Use Permit Diaz CHILDREN 'Assistant Planner Pilmer addressed the Public Hearing detailing the issue of the Minor Use K. Pilmer Application which came before Planning Commission on May 13th, She stated that the Planning Comments Commission reviewed photos and site plan and determined they did not have two parking spaces, there were private and recreational vehicles in the driveway and that the proposed use would impact properties, increase street traffic, and that the home is too small and is incompatible to provide care for 14 children. Ms. Laura Diaz, Applicant, addressed the Public Hearing stating that she has been a child care provider L. Diaz for 5 years; she works to get education, goes to school to learn English and requested that Council Comments approve the permit to operate the business. She responded to questions posed by Councilmember Gonzales stating that there are currently 8 children in the Day Care, it's licensed by 07/07/09 PAGE THREE State, it gets visited every year by the State, she advised the City about the business the first year and they advised she didn't need a permit from the City, there is no one on parole living in the house, it takes five minutes for kids to be dropped off between 6 a.m. and 4 p.m., parking is not a problem, house size is 1070 sq. ft. and that she is awaiting additional children and can have up to 14. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of Hrg Open notice of said hearing published in the Azusa Herald on July 11, 2009. She advised that there are 12 individuals waiting to speak and one letter in favor of allowing the Day Care business. The following persons spoke in favor of Minor User Permit Application to allow the operation of a Testimony large family Day Care Home proving care for up to 14 children: Brian Brophy, Ofelia Medina, Lanette Received Ostos, Adelaida Pantosa, Leticia Noyola, Angelica Diaz, Roxana Nadales, Odila Bahena, Cynthia Diaz, 'Rim Mahajan, and Karla Pleitez. Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried to Hrg Closed close the Public Hearing. After lengthy discussion between Councilmembers, Staff and the City Attorney it was moved by Discussion Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried to direct staff MUP App Appvd to bring a resolution approving the MUP application to the next meeting to include findings based on Reso next ring testimony received. PUBLIC HEARING — TO CONSIDER AN ORDINANCE GRANTING ELECTRICAL Pub Hrg DISTRIBUTION FRANCHISE TO THE SOUTHERN CALIFORNIA EDISON COMPANY. Edison Franchise Director of Utilities Hsu provided a brief background explaining the Franchise with Edison stating that Dir of Utilities as the City of Azusa has annexed areas in Azusa, but Edison is still the original electrical J. Hsu provider which services pockets in the city and south side. The Franchise Agreement was recently re- Presentation negotiated and State law requires the Franchise be granted by ordinance at a duly noticed public hearing. The new Franchise Agreement term has changed from 15 to 30 years and the formal Franchise requires Edison to pay a 2% Franchise Fee on all gross receipts arising from the operation of facilities in Azusa, except on sales of electricity within the city, which will be subject to a fee of not less than 1% of gross and annual receipts. Hrg open The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of said Testimony/none 'hearing published in the Azusa Herald on June 25, 2009. Testimony was solicited, but none was Hrg Closed received. Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously carried to close the Public Hearing. Moved by Councilmember Hanks, seconded by Councilmember Carrillo and unanimously carried to conduct first reading by title only of following Ordinance: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE AND TO CONSTRUCT AND USE, POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CONDUITS AND CIRCUITS NECESSARY OR PROPER THEREFORE, IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THEY MAY NOW OR HEREAFTER EXIST, WITHIN THE CITY OF AZUSA. PUBLIC HEARING — ON ANNUAL METROPOLITAN TRANSPORTATION AUTHORITY (MTA) CONGESTION MANAGEMENT PROGRAM (CMP) LOCAL DEVELOPMENT REPORT. Economic and Community Development Director Christianson addressed the Hearing stating that this is a mandated Congestion Management Program and although MTA has suspended this program the City is still required to do the reporting; the reports have been filled out and there is no impact to the City until a County Wide program has been established. He responded to questions posed. I" Rdg Ord Grant Franchise Edison Pub Hrg CMP Local Rpt K. Christianson Comments The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of Hrg open 'notice of said Hearing published in the Azusa Herald on June 25, 2009. Testimony was solicited, but Testimony/none none was received. Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and Hrg Closed unanimously carried to close the Public Hearing. Councilmember Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, FINDING THE CITY TO Res. 09-055 BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND Adopting Local ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH Development CALIFORNIA GOVERNMENT CODE SECTION 65089. Report 07/07/09 PAGE FOUR Moved by Councilmember Carrillo, 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 The CONSENT CALENDAR consisting of Items D-1 through D-13 was approved by motion of Consent Calendar Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried with the D1-13 Appvd exception of items D-3, which was considered under the Special Call portion of the Agenda. D-3 Spec Call 1. The minutes of the regular meeting of June 15, 2009, were approved as written. Min appvd ' 2. Human Resources Action Items were approved as follows: Merit Increase and/or Regular Appointments: L. Ferrari, S. Chapman, C. Grant, S. Jauregui, HR Action Items L. Santamaria, R. Lomingkit,II, C. Ruiz, B. Bommarito, R. Gardea. New Classification: Engineering Assistant II. Reclassification: C. Curiel, Engineering Assistant 11, effective July 1, 2009. S. Yang, Senior Management Analyst, effective July 1, 2009. L. Hassen, Senior Librarian, effective July 1, 2009. 3. SPECIAL CALL ITEM. Spec Call 4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res. 09-056 AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO THE ATTACHED STANDARD Agmt ABC AGREEMENT CONTRACT WITH THE DEPARTMENT OF ALCOHOLIC BEVERAGE LLEAP CONTROL ACCEPTING $27,251 FROM THE GRANT ASSISTANCE TO LOCAL LAW ENFORCEMENT AGENCIES PROJECT. 5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res. 09-057 ADOPTING A DISTRIBUTION POLICY FOR TICKETS IN THE FURTHERANCE OF THE Dist Policy CITY'S REASONABLY DEFINED PUBLIC PURPOSES. Tickets 6. Approval was given for an agreement between the City and All City Management Agmt w/ACMS Services (ACMS) for crossing guard services. Crossing Guard ' 7. Approval was given for the professional services agreement between the City and Agmt N2Veins N2Veins for mobile blood collection for investigative purposes. 8. Approval was given to accept the bid by Morrison Health Care, Inc. for on site cooking for the Morrison Health Senior Nutrition Program and award the contract respectively. Care, Inc. 9. Formal sealed bids were waived in accordance with the Azusa Municipal Code Section Novell 2-523 section B, computer software maintenance services and the software maintenance Software support and licensing from CDW-G, in the amount of $18,750, was approved. Maintenance 10. Formal sealed bids were waived in accordance with Azusa Municipal Code Section 2-523 SIRSI Corp section B, computer software maintenance services and 2-523 section C, no competitive Software Maint market, and the annual software maintenance and support agreement from SIRSI Corporation, in the amount of $24,802.59, was approved. 11. Formal sealed bids were waived in accordance with the Azusa Municipal Code Section 2-523 Matrix Imaging section B, computer software maintenance services and 2-523 section C, no competitive Software Maint market, and the software maintenance and support contract from Matrix Imaging, in the amount of $12,929.00, was approved. 12. Formal sealed bids were waived in accordance with Azusa Municipal Code Section 2-523 Motorola Inc. section B, computer software maintenance services and 2-523 section C, no competitive Software Maint market and approve the software maintenance and support agreement from Motorola Inc, in the amount of $22,840.00, was approved. 13. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING Res. 09-058 CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH Warrants THE SAME ARE TO BE PAID. SPECIAL CALL ITEMS 07/07/09 PAGE FIVE Spec Call Items Mayor Rocha addressed the City Treasurer's Report with thanks to the City Treasurer Marcene Mayor Rocha Hamilton for the amount of interest income received. Moved by Mayor Rocha, seconded by Treas Rpt Councilmember Hanks and unanimously carried to receive and filed the Treasurer's Report for the City of Azusa for the month of May 2009. THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED JOINTLY TO Cncl convened ADDRESS THE FOLLOWING ITEM: Jointly w/CRA REDEVELOPMENT AGENCY ADMINISTRATION/ADVANCE FROM THE CITY Redevelopment Admin/Advance Director Hanks offered a Resolution entitled: 'A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res. 09-R36 REQUESTING A LOAN FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED Requesting Loan REDEVELOPMENT PROJECT AREA. From City Moved by Director Hanks, seconded by Director Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency Board Members: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Councilmember Gonzales offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS Res. 09-059 FOR PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA Authorizing Loans to Agency Moved by Councilmember Gonzales, seconded by Councilmember 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 ' THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED Cncl Recess AT 9:35 P.M. THE CITY COUNCIL RECONVENED AT 9:36 P.M. CRA Convene Cncl reconvened The City Council recessed back into Closed Session at 9:37 p.m. and reconvened at 10:09 p.m., there Closed Session was no reportable action. It was consensus of Councilmembers to adjourn in memory of Lino Sausedo Salse and Gloria Ortiz. Adjourn in Memory of L. Salse & G. Ortiz UPCOMING MEETINGS: Upcoming Meetings July 20, 2009, City Council Meeting — 6:30 p.m. (Auditorium) July 27, 2009, Utility Board Meeting — 6:30 p.m. (Light and Water Conference Room) July 30, 2009, City Hall on the Move — 5:30 p.m. in conjunction with Concerts in the Park (Memorial Park) TIME OF ADJOURNMENT: 10:10 P.M. CITY CLERK NEXT RESOLUTION NO. 2009-C60. NEXT ORDINANCE NO. 2009-03. 07/07/09 PAGE SIX