HomeMy WebLinkAboutMinutes - December 7, 2009 - CCCITY OF AZUSA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MONDAY, DECEMBER 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 E. Foothill Boulevard, Azusa, CA 91702.
CEREMONIAL
Ceremonial
Councilmember Gonzales presented a Certificate of Sympathy to the family of Vicky Philipson, noting that Cert of Sympathy
the meeting would be adjourned in her memory. V. Philipson
The City Council members presented a Proclamation to Austin Tyler McMinn, honoring him for attaining Proc to A. Tyler
the rank of Eagle Scout. McMinn
The City Council presented Certificates of Recognition to the teams and volunteers of the American Cancer Cert of Recog.
Society Relay for Life fundraiser held in April 2009. Relay For Life
CLOSED SESSION
Mr. Mike Lee addressed the Closed Session portion of the meeting stating that he hopes Atlantis Gardens is
led for low income house and that the IBEW gets fair chance.
ie City Council recessed to Closed Session at 6:55 p.m. to discuss the following:
1. 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
a. MTA SITES
Address: APN# 8608-025-900 (Azusa and Santa Fe) Azusa CA 91702
Negotiating Parties:
Address:
Negotiating Parties:
Address:
Negotiating Parties:
b. BLOCK 37
Address:
Negotiating Parties:
ATLANTIS GARDEN
Los Angeles County Metropolitan Authority
APN#8608-027-902 (Azusa and Alameda) Azusa, CA 91702
Los Angeles County Metropolitan Authority
APN#8608-028-906 (Azusa and Dalton) Azusa, CA 91702_
Los Angeles County Metropolitan Authority
634 N. San Gabriel Avenue Azusa, CA 91702
City/Azusa Redevelopment Agency/Kwon, Soon I
Closed Sess
M. Lee
Comments
Recess
Real Prop
Negotiations
MTA Sites
Block 37
Atlantis Garden
Negotiating Parties: City/Azusa Redevelopment Agency/Lewis Retail Centers
e. ENTERPRISE PROPERTY Enterprise Prop
Address: 229 S. Azusa Avenue (APN 8614-014-058)
Negotiating Parties: City/Azusa Redevelopment Agency/Rogers Lillie M/Roger Lillie
Address: 229 S. Azusa Avenue (APN 8614-014-056)
Negotiating Parties: City/Azusa Redevelopment Agency/Rogers Lillie M/Roger Lillie
Address: (APN 8614-014-057) - No Address
Negotiating Parties: City/Azusa Redevelopment Agency/Rogers Clifton & Lillie/Roger
Address: 630 E. Sixth Street, Azusa CA 91702
Negotiating Parties: City/Azusa RedevAgency/Cardenas Faustino/Cardenas Eddy M. Downtown No.
d.
DOWNTOWN NORTH A2 & A3 Site
Addresses: 858 N. Azusa Avenue, Azusa, CA
832 N. Azusa Avenue, Azusa, CA
826 N. Azusa Avenue, Azusa, CA
812 N. Azusa Avenue, Azusa, CA
830 N. Azusa Avenue, Azusa, CA
'
801 N. Alameda Avenue, Azusa, CA
810 N. Alameda Avenue, Azusa, CA
803 N. Dalton Avenue, Azusa, CA
805 N. Dalton Avenue, Azusa, CA
809 N. Dalton Avenue, Azusa, CA
Negotiating Parties: City/Azusa Redevelopment Agency/Lewis Retail Centers
e. ENTERPRISE PROPERTY Enterprise Prop
Address: 229 S. Azusa Avenue (APN 8614-014-058)
Negotiating Parties: City/Azusa Redevelopment Agency/Rogers Lillie M/Roger Lillie
Address: 229 S. Azusa Avenue (APN 8614-014-056)
Negotiating Parties: City/Azusa Redevelopment Agency/Rogers Lillie M/Roger Lillie
Address: (APN 8614-014-057) - No Address
Negotiating Parties: City/Azusa Redevelopment Agency/Rogers Clifton & Lillie/Roger
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Gov. Code Confw/legal
Sec. 54956.9 (b) and (c). Two Cases. Cnsl
3. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Conf w/labor
Agency Negotiators: City Manager Delach and Admin Services Director -CFO Kreimeier Negotiator IBEW
Organizations: IBEW
The City Council reconvened at 7:38 p.m. City Attorney Carvalho stated that although there was no Reconvened
reportable action, Councilmember Keith Hanks recused himself from participating in item La, Los Angeles Cnclmbrs recuse
County Metropolitan Authority and Councihnember Gonzales recused himself from participating in & Closed Sess
discussions on item 1. b, Block 37, for potential conflicts of interest. The City Council will resume Unfinished
discussions on Closed Session items 1. d, 1. e, and item 2 at the end of the Council Meeting.
ayor Rocha called the meeting to order. Call to Order
enior Airman Augustine Tuliaou led in the salute to the Flag. A moment of silence was held in Flag Salute
observation of Peal Harbor Day.
INVOCATION was given by Pastor Samuel Martinez of Christian Faith Center of the Valley Invocation
ROLL CALL Roll Call
PRESENT: COUNCII,MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
ABSENT: COUNCH.MEMBERS: 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, Administrative Services Director — Chief
Financial Officer Kreimeier, Economic Development Director Christiansen, Public Information Officer
Quiroz, City Clerk Mendoza, Deputy City Clerk Toscano.
PUBLIC PARTICIPATION Pub Part
Mr. Mike Lee addressed Council commenting on the following: his tribute to all the great American M. Lee
Hero's within the City and soldiers, grateful to City for honoring Vicky Philipson, the death of his friend Comments
Ijfer Harville and thanks to the City for placing his name on the Marquee, Target Ground Breaking, Pearl
3rbor Day, and recognition and appreciation to his friends.
Mr. Fred Marquez and Maylene Luzod presented the City with a plaque from the American Cancer Society F. Marquez
and a certificate from the County of Los Angeles, Supervisor of the Fifth District, Michael D. Antonovich, Comments
for the City's support of the Relay for Life fund raiser.
Ms. Madelyn Payne of the Friends of the Azusa City Library addressed Council stating that she will be M. Payne
leaving as President of Friends and noted some of the accomplishments throughout the year as follows: Comments
Lunch At The Library, Summer Reading Concerts, End of the Year Carnival, Author Nights; four of the
events raised more than $10,000 and they were major sponsors of the new Book Mobile. She advised that
in February of 2009 Friends sent books to soldiers in Kosovo, an event they will continue to support.
Mr. Miguel Ortiz invited all to the Grace Church of Glendora to the "Walk Tbru Bethlehem" Event which M. Ortiz
will be held from December 11 `h — IP from 5 — 9 p.m. The event will be held free of charge at 1515 S. Comments
Glendora Avenue, Glendora.
Ms. Melinda Andrade of Vulcan Materials Company invited all to a Community Meeting to be held on M. Andrade
Tuesday, December 15, 2009 from 6:30 to 8:00 p.m. at Magnolia Elementary School, Multipurpose Room, Comments
945 East Nearfield Street, Azusa. The evening will highlight the changes in the proposed plan and provide
opportunities to answer questions.
Mr. Mark Smith of Glendora addressed Council stating that the Azusa City Council Meetings are orderly, M. Smith
th plenty of time to talk, and stated that the Veterans Day celebration was great as well as the hard work Comments
ing done with regard to the water shortage.
r.' Dennis Willut addressed Council with comments regarding the following: tribute to all WWII D. Willut
Veterans, ordinance regarding recovery of attorney fees in connection with Code Enforcement activities, Comments
relaying a lengthy incident that occurred between a landlord and tenant and stated that the law is going to Response by
have to be changed. City Attorney Carvalho responded stating that it is in the City's Municipal Code and City Attorney &
one reason they do not cite renters is because landlord usually have an agreement with them and the City Councilmembers
should not become involved in Landlord Tenant relationships. Councilmembers advised that there is no
interest in changing the code with regard to this issue.
12/07/09 PAGE TWO
REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Updates/Cncl
Mayor Rocha announced that he is in the process of gathering criteria on how to establish a Youth Rocha
Commission where the youth will conduct regular meeting to discuss items of interest to them. He will Comments
present the information regarding such commission at a later date.
Mayor Pro -Tem Macias thanked the Police Department, Chief and staff for the work they did in capturing a Macias
stalker outside of Slauson Middle School. He stated that he will miss Vicky Philipson, employee of Stater Comments
Bros, very much and in recognition of Pearl Harbor Day, today, he stated that he had the chance to attend a
funeral of a Pearl Harbor surviver who passed away last year and his ashes were spread over Pearl Harbor,
as requested.
ouncilmembers Carrillo and Gonzales thanked, recognized and congratulated the Azusa Parks and Carrillo
ecreation for a great Winter Fiesta and Tree Lighting Ceremony event held on Sunday, December 6'". Gonzales
Comments
Pouncilmember Hanks expressed his hope that all had a pleasant Thanksgiving, and will have an enjoyable Hanks
Christmas season and reminded all to drink responsibly. Comments
Mayor Rocha asked that the meeting be adjourned in memory of Benny Flores Jr., Vicky• Philipson,
Beatrice H. Gmnados, Walter Harville, and Manuel Hernandez III. He thanked all who helped pack junk
food sent to the soldiers over the weekend and especially to Azusa Police Officers Association and the
Senior Counsel for paying for the postage. He reminded all of the Annual Food Drive going on for the five Rocha
local food banks; pick up dates are December 11'" and 18'" and he also thanked the staff at City hall for Comments
helping with the candy drive. He announced the Be A Walker Program's next walk at Northside Park on
Saturday December 12'" at 9:30 a.m. where representatives of APU Wellness Center, Azusa Unified School
District and the community will be walking with a special guest. Lastly, he asked that all keep our soldiers
in prayer as we enjoy freedom they are out their fighting for it.
SCHEDULED ITEMS Sched Items
PUBLIC HEARING - EXPENDITURE PLAN — STATE AWARDED GRANT FUNDS. Pub Hrg CDBG
Amend program
Chief of Police Garcia addressed the Hearing stating that this is an annual event and is a funding Chief of Police
mechanism in which the City received $100,000 and this Public Hearing is held to decide how funds will B. Garcia
be spent. The following expenditures are recommended: FAST Helicopter Services Program, Video Comments
Cameras for Patrol Cars, Overtime for Graffiti Detail, EOC: Podium/Cabling/Data & Home Lines, ALEA
Iestem Safety Seminar and Overhead Expense. He responded to questions posed.
re 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 Azusa Herald on November 26, 2009.
Mr. Dennis Willut addressed the Public Hearing and suggested buying old brinks trucks with cameras to D. Willut
put in high crime rate areas. He is in favor of the recommended expenditures. Comments
Mr. Mike Lee addressed the Public Hearing in favor of the Chiefs recommended expenditures. M. Lee
Comments
It was consensus of the Councilmembers to close the Public Hearing. Moved by Councilmember Hrg closed
Gonzales, seconded by Mayor Pro -Tem Macias and unanimously carried to approve including State COPS
appropriations of funds to be received from the State Citizens' Option for Public Safety (COPS) Program Recommended
and the proposed expenditure plan and purchases. The anticipated funding from this program is $100,000. Expenditures
The proposed expenditure plan as was detailed and also includes $46,584 in carryover funds from F/Y Approved
08/09.
CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 46 OF THE AZUSA MUNICIPAL
Ord Possession
CODE BY ADDING SECTIONS 46-324 AND 46-325 RELATING TO THE POSSESSION AND USE
& Use Aerosol
OF AEROSOL SPRAY PRODUCTS BY A MINOR.
Can by Minors
City Manager Delach addressed the item stating that there was a request to look into the legality and
City Manger
constitutionality of creating an ordinance banning the possession of aerosol spray products by minors as a
City Attorney
isdemeanor offence and the City Attorney has drafted the ordinance. The City Attorney and Chief of
Chief of Police
lice responded by questions and comments.
Comments
Councilmember Gonzales offered an Ordinance entitled
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, AMENDING CHAPTER 46
1"Rdg Ord
OF THE AZUSA MUNICIPAL CODE BY ADDING SECTIONS 46-324 AND 46-325 RELATING TO
Possession Use
POSSESSION AND USE OF AEROSOL SPRAY PRODUCTS BY A MINOR.
Of Aerosol can
Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried to
waive further reading and introduce the ordinance.
12/07/09 PAGE THREE
Ille CONSENT CALENDAR consisting of Items D-1 through D-8 was approved by motion of
Councilmember Hanks, seconded by Councilmember Carrillo and unanimously carried. Mayor Pro -Tem
Macias abstained from the minutes as he was absent from that meeting.
The minutes of the regular meeting of November 16, 2009, were approved as written.
2. Human Resources Action Items were approved as follows:
Promotion: S. Martinez, Police Officer.
3. A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES ACTING ON BEHALF OF THE LOS ANGELES COUNTY GENERAL, LOS
ANGELES COUNTY CONSOLIDATED FIRE PROTECTION DISTRICT, LOS ANGELES
' COUNTY FLOOD CONTROL, THE BOARD OF DIRECTORS OF COUNTY SANITATION
DISTRICT NO. 22 OF LOS ANGELES COUNTY, AND THE GOVERNING BODIES OF CITY
OF AZUSA, SAN GABRIEL VALLEY MUNICIPAL WATER DISTRICT, APPROVING AND
ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING
FROM ANNEXATION TO COUNTY SANITATION DISTRICT NO. 22. (ANNEXATION 22-
400, FIVE EXISTING SINGLE-FAMILY HOMES).
Consent Calendar
D-1-8
Min appvd
HR Action
Items
Res. 09-C102
Joint Reso
Tax Revenues
5 properties
4. Approval was given to authorize staff to award the Citrus Avenue and University Drive Traffic C. R. Morales
Signal Project No. 66109M to Christopher R. Morales, Inc. Traffic sig
5. The City Treasurer's Report as of October 31, 2009 was received and filed.
Treas Rpt
6. The Retainer Agreement for legal services from Manning & Marder, Kass, Ellrod, Ramirez LLP that Retainer Agmt
are anticipated to arise from an `officer involved shooting" that occurred on April 18, 2009 in an Police Depart
amount not to exceed $60,000 without written approval from City Council, was approved. Attorney
7. Approval was given for the revised class specifications for the following positions: Park Revised Class
Maintenance Worker I, 11, III, Water Distribution worker I, H, III, Facilities Maintenance Worker 1, Specifications
II, III, Street Maintenance Worker 1, II, Street Maintenance Worker III/Equipment Operator.
8. The following resolution was adopted and entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 09-C103
CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants
IARE TO BE PAID.
ECIAL CALL ITEMS Spec Call Items
None. None.
THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT CRA Convene
8:30 P.M. THE CITY COUNCIL RECONVENED AT 8:53 P.M. Cncl reconvened
Councilmember Hanks offered an Ordinance entitled:
AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, AMENDING THE AZUSA MUNICIPAL Ord 09-08
CODE RELATING TO RECOVERY OF ATTORNEYS' FEES IN CONNECTION WITH CODE Recovery of
ENFORCEMENT ACTIVITIES. Attorney fees
Moved by Councilmember Hanks, 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, HANKS, MACIAS, ROCHA
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
The City Council recessed to Closed Session at 8:55 to discuss the following:
Closed Session
' 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 Terns of Payment
d. DOWNTOWN NORTH A2 & A3 Site Downtown
Addresses: 858 N. Azusa Avenue, Azusa, CA North
832 N. Azusa Avenue, Azusa, CA
826 N. Azusa Avenue, Azusa, CA
812 N. Azusa Avenue, Azusa, CA
830 N. Azusa Avenue, Azusa, CA
801 N. Alameda Avenue, Azusa, CA
12/07/09 PAGE FOUR
810 N. Alameda Avenue, Azusa, CA
803 N. Dalton Avenue, Azusa, CA
805 N. Dalton Avenue, Azusa, CA
809 N. Dalton Avenue, Azusa, CA
Negotiating Parties: City/Azusa Redevelopment Agency/Lewis Retail Centers
e. ENTERPRINE PROPERTY Enterprise
Address: 229 S. Azusa Avenue (APN 8614-014-058) Property
Negotiating Parties: City/Azusa Redevelopment Agency/Rogers Lillie M/Roger Lillie
Address: 229 S. Azusa Avenue (APN 8614-014-056)
' Negotiating Parties: City/Azusa Redevelopment Agency/Rogers Lillie M/Roger Lillie
Address: (APN 8614-014-057) - No Address
Negotiating Parties: City/Azusa Redevelopment Agency/Rogers Clifton & Lillie/Roger
2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Gov. Code Conf w/Legal
Sec. 54956.9 (b) and (c). Two Cases. Cnsl Two Cases
The City Council reconvened from Closed Session at 10:57 p.m. City Attorney advised that there was no Reconvened
reportable action taken in Closed Session. No Reports
It was consensus of Council that the meeting be adjourned in memory of Benny Flores Jr., Vicky Philipson, Adjournin
Beatrice H. Granados, Walter Harville, and Manuel Hernandez III. Memory of
TIME OF ADJOURNMENT: 11:00 P.M.
NEXT RESOLUTION NO. 2009-C104
NEXT ORDINANCE NO. 2009-09.
12/07/09 PAGE FIVE
B.
Flores Jr.
V.
Philipson
B.
Granados
W.
Harville
M.
Hernandez III