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HomeMy WebLinkAboutMinutes - October 5, 2009 - CCCITY OF AZUSA ' MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 5, 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 Ceremonial Recognition of Azusa Hometown Hero's Alyssa Zamora and Luis Miranda by Senator Gloria Romero's Recognition Office, Assemblyman Ed Hernandez' Office and Congresswoman Judy Chu's Office. Hometown Hero Presentation of Proclamation to Mr. Zack Padilla of Azusa, World Boxing Champion, who was inducted Proc Z. Padilla into the Boxing Hall of Fame. World Boxing CLOSED SESSION Closed Sess The City Council recessed to Closed Session at 7:05 p.m. to discuss the following: Recess 1. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop . Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiations Under Negotiation: Price and Terms of Payment a. Address: Easement at 236 N. Viceroy APN #8624-005-001 Negotiator: Ms. Carmen Holthe 2. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Conf w/labor Agency Negotiators: City Manager Delach and Admin Svs Dir -CFO Kreimeier Negotiator IBEW Organizations IBEW The City Council reconvened at 7:41 p.m. City Attorney Carvalho reported that there was no reportable Reconvened action taken on item 1, and discussion on item 2 would be held at the end of the City Council Agenda. No Report ayor Rocha called the meeting to order. Call to Order r. Richard Rodriguez led in the Flag salute. Flag Salute INVOCATION was given by Reverend Rick Mac Donald. Invocation ROLL CALL PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE Roll Call Also Present Cert of Apprec. Presentation of Certificates of Appreciation for hair stylists and hair cutters who participated in the "Kool Kool Cuts for Cuts for Kids" event as follows: Instyles Salon, Big W Barber Shop, Haircut Plus, Beauty Lounge, and also Kids to Options Child Care Service who donated Back to School supplies. Cert of Rec. Presentation of Certificates of Recognition to the Azusa American Little League Executive Board for past Azusa Amer 09 season. Little League Brd esentation of Certificates of Appreciation to the sponsors of the 2009 Library Summer Reading Program. Cert of Apprec. Summer Rdg CLOSED SESSION Closed Sess The City Council recessed to Closed Session at 7:05 p.m. to discuss the following: Recess 1. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop . Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiations Under Negotiation: Price and Terms of Payment a. Address: Easement at 236 N. Viceroy APN #8624-005-001 Negotiator: Ms. Carmen Holthe 2. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Conf w/labor Agency Negotiators: City Manager Delach and Admin Svs Dir -CFO Kreimeier Negotiator IBEW Organizations IBEW The City Council reconvened at 7:41 p.m. City Attorney Carvalho reported that there was no reportable Reconvened action taken on item 1, and discussion on item 2 would be held at the end of the City Council Agenda. No Report ayor Rocha called the meeting to order. Call to Order r. Richard Rodriguez led in the Flag salute. Flag Salute INVOCATION was given by Reverend Rick Mac Donald. Invocation ROLL CALL PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE Roll Call 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, Director of Recreation and Family Services Jacobs, Economic Development Director Christianson, Director of Information Services Graf, Acting City Librarian Shahsavari, Public Information Officer Quiroz, Assistant Community Development Director McNamara, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr. David Hooper addressed Council announcing his candidacy for the Citrus college Board of Trustees, D. Hooper Area 3. He thanked Mayor Rocha, Mayor Pro -Tem Macias and Councilmember Gonzales for their Candidate �dorsement. He stated that he has a grassroots campaign and is encouraged by businesses and churches Citrus Brd d thanked all for their support. Mr. Richard Lugo addressed Council announcing his candidacy for the Citrus College Board of Trustees, R. Lugo Area 1. He thanked all who participated in the Field of Dreams Celebrity Softball Event. He asked for Candidate Council support. Citrus Brd Mr. Mike Lee addressed Council with several comments as follows: thanked all who participated in the M. Lee Celebrity Softball Game, condolences to family of Karen Pihlak, good Utility Board meeting, thanks for Several Items appointments made to Planning commission, his support for the next election, wished good health to several friends, encouraged all to vote, and an honor to meet APU students at Citylinks. Ms. Jennie Avila addressed Council and acknowledged the City and APU on the Citylinks program that J. Avila helped her with home improvement and also recognized students from the Citrus Cosmetology department Citylinks/Haircut who participated in the Kool Kids Haircut Drive. Drive Messrs. Hilario Milland and Rey Solis, employees of Cities Tow addressed Council expressing their H. Milland, R. opposition to bringing another tow company into the City stating that the work has been slow and there is Solis Two Co. no need for another company to come into the City. Mr. Francisco Prado, General Manager of Cities Tow, addressed Council, expressing his opposition to F. Prado bringing another tow company into the City, stating that when the three tow companies signed the contract Tow Co. originally, they agreed that if one tow company left they would continue on with the two existing companies. Ir. Christian Maldonado addressed Council expressing his opposition to another tow company to work in C. Maldonado e City. Tow Co. Ms. Rona Lundy of Jan's Towing addressed Council invited all to the Taste of the Town Golden Days R. Lundy event for Tuesday, October 6" and detailed its activities. Taste of Town Mrs. Barbara Dickerson addressed Council announcing that the Soroptimist Club of Glendora is giving B. Dickerson scholarships to women 14-17 years of age and detailed the information, she also commended the City Soroptimist Club Council for recognizing groups for achievements within the City. Scholarships Ms. Peggy Martinez and Miss Azusa, Crystal Munoz, addressed Council detailing the great time they had when they traveled to Azusa's Sister City Zacatecas, Mexico. Ms. Martinez noted that next year Zacatecas will be celebrating its 200`h year of independence and looking forward to the great celebration. She provided additional information regarding invitation to Golden Days events. Mr. Todd Priest announced that Azusa Rock has submitted their application to improve the hillsides in Azusa and the next community meeting will be held on Monday, October 12, 2009, at 6:30 p.m. at Murray Elementary School in Azusa. Mr. Richard Rodriguez addressed Council praising the City for its Police Department, Council and programs. He noted his support of closing the Catwalk at Citrus and Haltern and talked about the problems on Citrus and offered suggestions to eliminate problems. r. Raul Barcenas addressed Council regarding the problems at the Catwalk and asked about the timeline r closure; he thanked all for their response to the problem. P. Martinez & C. Munoz Zacatecas Sister City Trip T. Priest Azusa Rock mtg R. Rodriguez Catwalk R. Barcenas Catwalk Mr. Glenn Kennedy addressed Council thanking Councilmembers who supported him at the Fair. He G. Kennedy expressed his appreciation to APU students and the Citylinks programs, which he stated is well organized. Citylinks He talked about the Celebrity Baseball game and noted the lack of press coverage. 10/05/09 PAGE TWO REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Updates/Cncl NOTICE TO THE PUBLIC Notice to the NOTICE IS HEREBY GIVEN of City Board and Commission term of office expirations, ending Public September 30, 2009, for the following: Brd & Com 1 position Architectural Barriers Commission Term Expirations 2 positions Cultural and Historical Preservation Commission (1 unexpired term ending 9/30/12) 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 sidents. Applications will be accepted through November 5, 2009. For further information ease call: (626) 812-5271. City Manager Delach announced the free flu shot clinics, one at the Azusa Senior Center on Thursday, City Mgr October 8, 2009, from 9 a.m. — 11 a.m. and the other in conjunction with Los Angeles County Health Comments Department there will be a H1NI Vaccination Clinic on Thursday, October 29, 2009 from I1 a.m. — 7 p.m. Flu Shots and on Thursday, November 19, 2009, from 11 a.m. — 7 p.m., two phase vaccination, at the Memorial Park North Recreation Center. Mayor Pro -Tem Macias thanked those involved with the Celebrity Softball Game, especially Macias Councilmember Gonzales, noting the fun had by all, and that he looks forward to the rest of the Golden Comments Days events. He also noted that all five Councihnembers are there to help the community and hold it first and foremost. Councilmember Carrillo also thanked those involved in the Celebrity Softball Game, special thanks to Carrillo Councilmember Gonzales, and looks forward to the rest of Golden Days events, he thanked the committee. Comments He announced that he is in the process of going paperless, hence he is now sporting a lap top at the Pub Hrg meeting. Bldg Code Councilmember Gonzales thanked those who participated in the Celebrity Softball Game, noting that the Gonzales celebrities will be back next year to play. He thanked the Mayor for his donation and wished all a great Comments Golden Days week. He requested that certificates of appreciation be approved for Delong and Max's for their donations to the Celebrity Softball Event. Testimony Rocha noted that the meeting will be adjourned in memory of Captain Karen Pihlak. He thanked Rocha kayor uncilmember Gonzales for his hard work at the success of the Celebrity Softball Game; he thanked the Comments zusa Pacific University students and staff for the Citylinks projects completed; lie asked that they be allowed to present a power point presentation at the next meeting. He thanked Sylvia Contreras and Gloria Calderon, Golden Days Co -Chairperson, and asked for Certificates of Appreciation for them to be presented at the November 2"d meeting. He reminded all about City Hall on the Move on Saturday, October 17, 2009, at Magnolia Elementary School, from 10 a.m. — 12 noon. He announced that this Wednesday, October 7'' is National Walk to School Day and will meet at 7 a.m. at Duell and Pasadena and talked about the Community Walk Project which will begin on November 141h at Zacatecas Park at 9:30 a.m. and noted that dieticians will be there to encourage all to choose healthy snacks for kids and parents. SCHEDULED ITEMS Sched Items PUBLIC HEARING - ORDINANCE AMENDING CHAPTER 14 AZUSA MUNICIPAL CODE Pub Hrg AMENDING THE 2007 CALIFORNIA BUILDING CODE AND ADOPTING A RE -CONSTRUCTION Bldg Code AND REPAIR ORDINANCE. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice Hfg open of said Hearing published in the San Gabriel Valley Tribune on September 21st and 281 , 2009. Testimony was solicited but none was received. Moved by Councilmember Gonzales, seconded by Testimony Councilmember Hanks and unanimously carried to close the Hearing. None/Close ouncilmember Hanks offered an Ordinance entitled: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING CHAPTER 14 Ord. 09-05 OF THE AZUSA MUNICIPAL CODE BY ADDING SECTIONS 14-66 THROUGH 14-68 RELATING Re -construct TO REPAIR OF DAMAGED STRUCTURES. And Repair Moved by Councilmember Hanks, seconded by Councilmember Carrillo to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 10/05/09 PAGE THREE PUBLIC HEARING — ORDINANCE AMENDING CHAPTER 14 AZUSA MUNICIPAL CODE AND Pub Hrg ADOPTION OF EMERGENCY PLACARDS. Placards 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 September 25s, 2009. Testimony was Testimony solicited but none was received. Moved by Councilmember Gonzales, seconded by Councilmember Hanks None/Close and unanimously carried to close the Hearing. Councilmember Carrillo offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, AMENDING CHAPTER 14 Ord. 09-06 OF THE AZUSA MUNICIPAL CODE, BY ADDING SECTIONS 14-10 RELATING TO SAFETY Safety Assessmt ISSESSMENT PLACARDS USED TO DENOTE CONDITIONS RELATING TO CONTINUED Placards CCUPANCY OF BUILDINGS. Moved by Councilmember Carrillo, seconded by Mayor Pro -Tem Macias to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE POTENTIAL CLOSURE OF PEDESTRIAN WALKWAY BETWEEN CITRUS AVENUE AND Closure Ped VICEROY AVENUE. Walkway Director of Public Works/Assistant City Manager Haes addressed the issue providing background regarding the pedestrian walkway stating residents in the area requested closure due to illicit activities within the walkway, creating unsafe and bothersome conditions. Activities included fighting, littering, graffiti, noise, transients sleeping in the walkway and additional pedestrian traffic from non-residents accessing the walkway. At the July 20, 2009 meeting, Council considered and approved closure of the walkway once a permanent alternate pedestrian route through the Citrus Crossing shopping center and condominium project was established, estimated at 2-3 years, since then residents have approached Council and requested, again that the walkway be closed due to many problems. He presented four options created by staff and detailed each one, and recommended option #1. Lengthy discussion was held. Moved by Mayor Pro -Tem Macias, Councilmember Carrillo and unanimously carried to approve option 1, Be closure of the pedestrian walkway between Citrus Ave and Viceroy Ave following installation of a new ffic signal at Mauna Loa and Citrus Ave in approximately six months, with the following addition: edian island on Baseline be paved and evened out to meet ADA accessibility, encourage kids to cross where crossing guard is going to be, add a crossing guard if feasible, and post notices regarding the project. Mayor Rocha suggested a neighborhood watch be established, trim trees in the area, cost to be paid by residents, and make sure the safety lighting be left on until dawn. Chief of Police Garcia advised that there is no neighborhood watch program any longer but to call the Service Area Commander to set up a community meeting. T. Haes Comments Option 1 selected Pedestrian Walkway Citrus/Viceroy The CONSENT CALENDAR consisting of Items D-1 through D-8 was approved by motion of Consent Calendar Councilmember Hanks, seconded by Councilmember Gonzales and unanimously carried, with the D-4, 6, 7, Spec exception of items D4, D-6 and D-7, which were considered under the Special Call portion of the Agenda. Call I. The minutes of the regular meeting of September 21, 2009, were approved as written. 2. The Treasurer's Report as of August 31, 2009 was received and filed. 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE INVESTMENT POLICY. 4. SPECIAL CALL ITEM. 5. The Notice of Completion for the following project was approved and staff was authorized to file the ' Notice of Completion with the Los Angeles County Clerk: Foothill Boulevard Reconstruction Project No. 66109J — Gentry Brothers, Inc., Irwindale, CA. 6. SPECIAL CALL ITEM. 7. SPECIAL CALL ITEM. 8. The following resolution was adopted and entitled: Min appvd Treas Rpt Res. 09-C79 Investment Policy Spec Call NOC Foothill Reconstruction Spec Call Spec Call A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 09-C91 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. 10/05/09 PAGE FOUR SPECIAL CALL ITEMS Spec Call Items Mayor Pro -Tem Macias addressed item regarding MOU for Noah's Wish, and questioned what the services Macias and cost would be. Chief of Police Garcia responded detailing the reason for the MOU, noting the recent Noah's Wish fires in the area and possible disasters, stating that this is a pro -active measure to be prepared for disasters. MOU The organization is non-profit and sponsored by grant funding. Moved by Councilmember Hanks, seconded by Mayor Pro -Tem Macias and unanimously carried to Noah's Wish approve the Memorandum of Understanding Agreement with Noah's Wish, a non-profit volunteer MOU approved organization that provides rescue and animal sheltering response in disasters. Councilmember Hanks addressed item regarding Conditional Transfer of Johnny's Towing Non -Exclusive Hanks anchise Agreement for Tow Truck Services with the City to Royal Coaches Auto Body and Towing, Transfer rating out that letters had been received in opposition to the transfer. City Attorney Carvalho noted that Johnny's Tow e letters did not state that the City lacks the legal authority to approve the transfer and stated that Council City Attorney does have the authority to do this. She asked that the approval specify to amend the agreement section Comments 15.B(2) to provide that the storage lot can hold up to 170 vehicles exclusive to the City of Azusa vehicles Res. 09-C82 and contingent on obtaining a Minor Use Permit. N. Gibson HRC Captain Sam Gonzalez addressed the issue providing details of the agreement and that Royal Coaches has Capt. Gonzalez agreed to make the storage lot for 170 vehicles and only vehicles from Azusa, he responded to questions Comments posed and discussion was held. Moved by Councilmember Hanks, seconded by Mayor Pro -Tem Macias and unanimously carried to Conditional approve the conditional transfer of the non-exclusive franchise agreement between the City of Azusa and Transfer of non - Johnny's Towing for tow truck services to Royal Coaches Auto Body and Towing and amend the Exclusive agreement section 15.13(2) to provide that the storage lot can hold up to 170 vehicles exclusive to the City Franchise Appvd of Azusa vehicles and contingent on obtaining a Minor Use Permit. Councilmember Hanks addressed item regarding resolutions appointments to City Boards and Commission Hanks, City requesting that the Staff Report be read, of which the City Attorney Carvalho responded stating that this is Attorney, a routine item prepared by the City Clerk's Staff of which she suggested that the item address the issue of Mayor Planning Commissioner candidates who had not attended the interviews and for their failure to file or let Discussion staff know of their interest to serve, upon adoption of the resolutions, a finding would be made pursuant to Process Section 2-32 of the Azusa Municipal Code, they would be removed. Councilmember Hanks requested the City Board (lowing sentence be added to the minutes to let the record reflect: "it is necessary for the good of the And Comm Rgarding tythave a fully staffed and functioning Planning Commission". Lengthy discussion was held Appointments the process/interpretation that was used versus the motion that was taken at the meeting of July 2009, regarding the Planning Commission members being re -interviewed. Mayor Rocha requested that in the future motions be carefully clarified. Councilmember Hanks offered the following Resolutions, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE -APPOINTING PATRICIA Res. 09-C80 PROW SE TO THE ARCHITECTURAL BARRIERS COMMISSION. P. Prowse ABC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE -APPOINTING BLANCH Res. 09-C81 WEIR TO THE ARCHITECTURAL BARRIERS COMMISSION B. Weir ABC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE -APPOINTING NANCY Res. 09-C82 GIBSON TO THE HUMAN RELATIONS COMMISSIONS. N. Gibson HRC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE -APPOINTING DIANA Res. 09-083 WILLIAMS TO THE HUMAN RELATIONS COMMISSION. D. Williams HRC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING JENNIE AVILA Res. 09-C84 TO THE LIBRARY COMMISSION. J. Avila Lib A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE -APPOINTING Res. 09-C85 �RNANDO RUBIO TO THE PERSONNEL BOARD. F. Rubio Psnl RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REAFFIRMING Res. 09-C86 APPOINTMENT OF JESSE ALVA TO THE PLANNING COMMISSION. J. Alva PC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA REAFFIRMING Res. 09-C87 APPOINTMENT OF CHRISTOPHER DODSON TO THE PLANNING COMMISSION. C. Dodson PC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING DEBBIE Res. 09-C88 KINDRED TO THE PLANNING COMMISSION. D. Kindred PC 10/05/09 PAGE FIVE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTMENT JACK LEE Res. 09-C89 TO THE PLANNING COMMISSION. J. Lee PC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTMENT SHAWN Res. 09-C90 MILLNER TO THE PLANNING COMMISSION. S. Millner PC Moved by Councilmember Hanks, seconded by Mayor Pro -Tem Macias to waive further reading and adopt. Resolutions passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE IHE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 30 P.M. THE CITY COUNCIL RECONVENED AT 9:41 P.M. THE CITY COUNCIL RECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY CONVENED AT 9:41 P.M. THE CITY COUNCIL RECONVENED AT 9:42. It was consensus of Councilmembers to recess back into Closed Session to discussion the following: CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code See. 54957.6) Agency Negotiators: City Manager Delach and Admin Svs Dir -CFO Kreimeier Organizations IBEW The City Council reconvened at 10:34 p.m. there was no reportable action taken It was consensus of Councilmembers adjourn in memory of retired Captain Karen Pihlak of the Azusa Police Department. TIME OF ADJOURNMENT: 10:35 P.M. UII'Y CLERK NEXT RESOLUTION NO. 2009-C92 NEXT ORDINANCE NO. 2009-07. 10/05/09 PAGE SIX CRA Convene Cnel reconvened APFA Convene Cncl reconvened Closed Session Conf w/Labor Negotiator IBEW No Action Adjourn in Memory of Karen Pihlak