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HomeMy WebLinkAboutMinutes - December 21, 2009 - CCCITY OF AZUSA MINUTES OF TIIE CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 21, 2009 - 6:30 P.M. The City Council of the City of Azusa met in regular session at the above dale and time in the Azusa Auditorium located at 213 E. Foothill Boulevard, Azusa, CA 91702. CLOSED SESSION Closed Sess Mr. Mike Lee addressed Council stating that he hopes that the Azusa/Arrow Avenue property owners M Lee receive a good deal. Comment The City Council recessed to Closed Session at 6:33 p.m. to discuss the following: Recess REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Property: Water Right in the Main San Gabriel Basin Negotiations Agency Negotiator: City Manager Detach and Assistant City Manager Makshanoff Water Rights Negotiating Party: Monrovia Nursery In the Main Under Negotiation: Price and Terms of Payment SG Basin REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Agency Negotiators: City Manager Detach and Assistant City Manager Makshanoff Negotiations Under Negotiation: Price and Terms of Payment a. DOWNTOWN NORTH A2 & A3 Site Downtown No. 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 b. NEC AZUSA/ARROW SITE Azusa/Arrow Properties Address: 17511 E. Arrow Hwy, Azusa, CA 91702 Negotiating Parties: Fowler Family Trust Address: 17525 E. Arrow Hwy Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency 3. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION (Gov. Code Confw/legal Sec. 54956.9 (b)). One Potential Case. Cnsl The City Council reconvened at 7:39 p.m. City Attorney Carvalbo advised that there was no reportable Reconvened action taken in Closed Session. No Action Mayor Rocha called the meeting to order. Miguel Poloalii Lean of Powell Elementary School led in the salute to the Flag. Call to Order Flag Salute INVOCATION was given by City Manager Fran Delach Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Attorney Hull, City Manager Delach, Assistant City Manager Makshanoff, Azusa Police Chief Garcia, Administrative Services Director — Chief Financial Officer Kreimeier, 'Economic Development Director Christiansen, Assistant Director of Economic and Community Development McNamara, Library Director Johnson, Principal Civil Engineer Bobadilla, Utilities Director Morrow, Public Information Officer Quiroz, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr. Jorge Rosales addressed Council with concerns regarding Lewis Investment Company item, J. Rosales specifically, if they are unable to negotiate a DDA within the timeframes contained in the Second ENA, the Comments Agency will be required to pay the Developer for the properties' purchase, etc. He stated the five year implementation plan states that a financial issue of the Redevelopment Agency was it's outstanding loans that are due to the City and Light and Water, it has been necessary to delay payments, etc. and they do not have funds; therefore he is also concerned with the purchase of the Enterprise Property and again the Agency is asking for a loan from the City. 1 REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Updates/Cncl City Manager Delach introduced the new Library Director Nancy Johnson who is looking forward to City Mgr working with the City of Azusa. Comments Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously carried to Cert Azusa approve request for certificates of recognition for the 2009 Azusa Raider Cheer Mascot Squad who won 0 Raider Cheer place Mascot Small Division at Citrus College on December 5, 2009. It was consensus of Councilmembers to set Saturday, January 23, 2010, from 10:00 a.m. to 12:00 p.m. at City Hall on the Rancho Park in Rosedale for City Hall on the Move. Move 1/23/10 Mayor Pro -Tem Macias advised of pot holes on Gladstone Street between Cerritos and Pasadena. He Macias wished all a Merry Christmas and Happy New Year, especially, Azusa Chamber of Commerce, City Comments ' Employees and Departments, and all who work to make them look good. Hanks Councilmember Hanks wished all a very Merry Christmas and a Happy New Year. Comments Councilmember Gonzales requested certificates of recognition to Slauson Leadership Class, Royal Gonzales Coaches, and At AD Sports for all the work they do with the Annual Toy Drive and also thanked Comments Councilmember Carrillo for his help. Councilmember Carrillo thanked the staff of the City of Azusa for the work they do in order to continue to Carrillo have the great quality of life throughout the City as well as the Chamber of Commerce, Commissions and Comments his Colleagues. He expressed a sincere thanks to his wife Suzanna, daughter Sofia and mother Isabel for the support and sacrifice. He wished all a Merry Christmas, and Happy Quanza. 12/21/09 PAGE TWO Mr. Dennis Willut addressed Council with the following: request Sempra Energy to remove underground D. Willut gas lines; landlords charged for* sewer when there is no tenant, request for code enforcement training Comments manual, vouchers for tenants to pay rent, reduced cost for water and electric bills for seniors, and Monrovia Nursery homes. Mr. Mike Lee introduced and honored Roger Hernandez West Covina Councilmember who is running for M. Lee Assembly; greetings to friends and neighbors, wished all a Merry Christmas, favorite restaurants, pray for Comments soldiers, health care, congrats to new City Librarian, boulder at Mountain Cove, Vulcan Meetings, Townhall Meeting with Duarte, and Planning Commission. ' City Manager Delach responded to questions stating that the Agency is committing to purchase only one property and it should close escrow before the detennination of the ENA by Council, inforniation on code City Mgr Comments enforcement can be found in the Azusa Municipal Code, there are discounts for senior citizens, and with regard to Monrovia Nursery, the master developer is in default and portions of the project are in foreclosure by various lending institutions, but there are developers who are interested in the project and staff is working with them. With regard to Palm Drive, the bridge is complete and according to the development agreement it wouldn't be used until more homes were occupied. 1 REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Updates/Cncl City Manager Delach introduced the new Library Director Nancy Johnson who is looking forward to City Mgr working with the City of Azusa. Comments Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously carried to Cert Azusa approve request for certificates of recognition for the 2009 Azusa Raider Cheer Mascot Squad who won 0 Raider Cheer place Mascot Small Division at Citrus College on December 5, 2009. It was consensus of Councilmembers to set Saturday, January 23, 2010, from 10:00 a.m. to 12:00 p.m. at City Hall on the Rancho Park in Rosedale for City Hall on the Move. Move 1/23/10 Mayor Pro -Tem Macias advised of pot holes on Gladstone Street between Cerritos and Pasadena. He Macias wished all a Merry Christmas and Happy New Year, especially, Azusa Chamber of Commerce, City Comments ' Employees and Departments, and all who work to make them look good. Hanks Councilmember Hanks wished all a very Merry Christmas and a Happy New Year. Comments Councilmember Gonzales requested certificates of recognition to Slauson Leadership Class, Royal Gonzales Coaches, and At AD Sports for all the work they do with the Annual Toy Drive and also thanked Comments Councilmember Carrillo for his help. Councilmember Carrillo thanked the staff of the City of Azusa for the work they do in order to continue to Carrillo have the great quality of life throughout the City as well as the Chamber of Commerce, Commissions and Comments his Colleagues. He expressed a sincere thanks to his wife Suzanna, daughter Sofia and mother Isabel for the support and sacrifice. He wished all a Merry Christmas, and Happy Quanza. 12/21/09 PAGE TWO City Manager Delach stated that Councilmember Hanks has be re -appointed to the Gold Line Construction City Mgr Authority as Chairman of that board and Uriel Macias has been appointed as Secretary/Treasurer of the Comments Gold Line Board of Directors. Mayor Rocha stating that the meeting will be adjourned in memory of Poloalii Leau, Jr. He wished all a Rocha Merry Christmas and thanked all who contributed to the food and toy drive and announced that Pathfinder Comments Ministries will be distributing food on Christmas Eve and New Year's Eve at 1 I a.m. at 595 E. Sixth Street and provided statistics on the giveaway as well as contributors. He noted that an Azusa soldier, Nathan Ashlock called from Afghanistan and thanked all who sent candy and goodies and Mr. Rocha asked to keep soldiers in prayer 'SCHEDULED ITEMS Sched Items IBEW CONTRACT EFFECTIVE AUGUST 1, 2009 THROUGH JULY 31, 2012. IBEW MOU Moved by Mayor Pro -Tem Macias, seconded by Councilmember Gonzales and carried to approve the Approved MOU between the International Brotherhood of Electrical Workers (IBEW) and the City of Azusa dated August 1, 2009 through July 31, 2012. Mayor Rocha and Councilmember Hanks dissenting. The CONSENT CALENDAR consisting of Items D-1 through D-7 was approved by motion of Consent Calendar Councilmember Carrillo, seconded by Councilmember Hanks and unanimously carried. D-1-7 I . The minutes of the regular meeting of December 7, 2009, were approved as written. Min appvd 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or Regular Appointment: J. Gascar, G. Conrad and R. Camarena. Items Flexible Staffing Promotion: S. Bowman, Customer Service Rep. II Separation: S. Ramos, Police Officer Trainee. 3. Approval was given for the revised class specifications for Assistant Director of Electric Operations. Revised Specs 4. Staff was authorized to award the Target Sewer Line Improvements Project No. 6611 OF to the Target Sewer Whiting -Turner Contracting Company. Line Imp 5. Staff was authorized to enter into a professional services agreement with Proactive Engineering PSA Proactive ' Consultants for a fee not to exceed of $13,750.00 to provide topographic survey and mapping Engr. services for Citrus Avenue between Alosta Avenue and the northern city limit and Foothill Boulevard between Alosta Avenue and Citrus Avenue. 6. Authorization was given to amend the 2009/2010 Capital Improvement Plan to include "Azusa CIP include Schools TLC Program" as a new project and federal Safe Routes to School (SRTS) funds as a Azusa Schools funding source; and to authorize staff to solicit proposals to obtain topographic survey and mapping TLC Prgrm services for Cerritos Avenue from Sixth Street to Rodecker Street and Fifth Street from Rock -vale Avenue to 300 west of Cerritos Avenue. 7. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 09-C104 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS None. Spec Call Items None. THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT CRA Convene 8:33 P.M. TO CONDUCT THE FOLLOWING JOINT PUBLIC HEARING: Cncl reconvened JOINT PUBLIC HEARING — TO CONSIDER A SECOND AMENDMENT TO THE 2008 Joint Pub Hrg DISPOSITION AND DEVELOPMENT AGREEMENT WITH TARGET CORPORATION FOR THE 2nd Amend Targe 'DEVELOPMENT OF A TARGET STORE AT 809 NORTH AZUSA AVENUE DDA Economic and Community Development Director Christiansen addressed the Hearing stating that the K. Christiansen Second Amendment to the DDA with Target is an amendment to the Schedule of Performance and he Comments noted that. this is to put them in line with what the Capital Expenditures Committee approved and provided an update of the project. The Mayor/Chairman declared the Hearing open. The City Clerk/Secretary read the affidavit of proof of Hrg open Publication of said Hearing published in the Azusa Herald on December 3`d and 10a', 2009. Testimony was solicited, but none was received. Moved by Councilmember/Director Carrillo, seconded by Testimony/none Councilmember/Director Gonzales and unanimously carried to close the Public Hearing. Hrg closed 12/21/09 PAGE THREE Councilmember Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING Res. 09-C105 A SECOND AMENDMENT TO THE 2008 DISPOSITION AND DEVELOPMENT AGREEMENT Appvg 2"d BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND TARGET Amend DDA CORPORATION. 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 Director Carrillo offered a Resolution entitled: A RESOLUTION OF THE GOVERNING BOARD OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, CALIFORNIA, APPROVING A SECOND AMENDMENT TO THE 2008 DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND TARGET CORPORATION. Moved by Director Carrillo, seconded by Director Gonzales, to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Target Res. 09-R61 Appvg 2"d Amend DDA Target ITEM F-2, REGARDING THE ENTERPRISE PROPERTY WAS BROUGHT FORWARD FOR PSA Enterprise HANDLING DURING THE "JOINT ITEMS" PORTION OF THE MEETING. brought fwrd PURCHASE AGREEMENT FOR THE ACQUISITION OF THE REAL PROPERTY LOCATED AT 229 Enterprise S AZUSA AVENUE (ENTERPRISE PROPERTY). Property Economic and Community Development Director Christiansen presented the Purchase and Sale Agreement K. Christiansen for the acquisition of the Enterprise property stating that they are proposing to purchase the property for Comments $3,300,000, there is a ninety day due diligence period and escrow shall close within thirty days after that, this is a key site for the City and revenue generating piece of property. The proposed funds to purchase the property will come in the form of a loan from the City's General Fund. He responded to question stating the goal is to market the property with a desirable use and benefit to the City. The RFQ should be put together quickly and the property is proposed to be cormnercial, retail or hotel. City Manager/Executive Director Delach responded to questions stating that the proposal to fund this project is to borrow back from the seven million dollars that Target paid for the Target site; he reiterated the importance and value of the property. I Discussion was held between Councilmembers/Directors regarding the purchase of the property at this time Discussion due to the economy, and also the benefits and opportunities of the purchase. Moved by Director/Councilmember Carrillo, seconded by Director/Councilmember Hanks and carried to Purchase approve the purchase agreement for the acquisition of the real property located at 229 S. Azusa Avenue. Agreement Mayor/Chairman Roclra voting no. Approved Director Carrillo offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING Res. 09-R62 APPROPRIATION AMENDMENTS FOR FISCAL YEAR 2008/09 PURSUANT TO SECTION 2450 Appro Amend OF THE AZUSA MUNICIPAL CODE. 1 Moved by Director Carrillo, seconded by Director Hanks to waive further reading and adopt. Resolution Passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS NOES: DIRECTORS: ROCIiA ABSENT: OIRECTORS: NONE Director Carrillo offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING Res. 09-R63 A LOAN FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED REDEVELOPMENT Request Loan PROJECT AREA. 12/21/09 PAGE FOUR Moved by Director Carrillo, seconded by Director Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS,14ANKS NOES: DIRECTORS: ROCHA ABSENT: DIRECTORS: NONE Director Carrillo offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING A Res. 09-R64 PURCHASE AGREEMENT FOR THE PURCHASE OF CERTAIN REAL PROPERTY GENERALLY Appvg PA 'LOCATED AT 229 S. AZUSA AVENUE (ENTERPRISE PROPERTY) WITHIN THE MERGED Enterprise REDEVELOPMENT PROJECT AREA. Moved by Director Carrillo, seconded by Director Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS NOES: DIRECTORS: ROCHA ABSENT: DIRECTORS: NONE Councilmember Carrillo offered a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING Res.09-C106 APPROPRIATION AMENDMENTS FOR FISCAL YEAR 2009-10 PURSUANT TO SECTION 2-450 Appro Amend OF THE AZUSA MUNICIPAL CODE. Moved by Councilmember Cartillo, seconded by Councilmember Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS NOES: COUNCILMEMBERS: ROCHA ABSENT: COUNCILMEMBERS: NONE Councilmember Carrillo offered a Resolution entitled: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS FOR Res. 09-CI07 PURPOSES OF THE MERGED REDEVELOPMENTPROJECT AREA. Authorizing Loan Moved by Councilmember Carrillo, seconded by Councilmember Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS NOES: COUNCILMEMBERS: ROCHA ABSENT: COUi41CILMEMBERS: NONE THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT CRAConvene 9:16 P.M. THE CITY COUNCIL RECONVENED AT 9:24 P.M. Cncl Reconvene Councilmember Gonzales offered an Ordinance entitled AN ORDINANCE OF TIIE CITY COUNCIL OF THE CITY OF AZUSA, AMENDING CHAPTER 46 Ord 09-09 OF THE AZUSA MUNICIPAL CODE BY ADDING SECTIONS 46-324 AND 46-325 RELATING TO Poss & Use POSSESSION AND USE OF AEROSOL SPRAY PRODUCTS BY A MINOR. Aerosol Spray Moved by Councilmember Gonzales, 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 It was consen ds of Council that the meeting be adjourned in memory of Poloalii Leau, Jr. TIME A'DJOOURNMENT: 9:26 P. �L�t/ PT'Y CLERK NEXT RESOLUTION NO. 2010 -Cl NEXT ORDINANCE NO. 2010-01. 12/21/09 PAGE FIVE Adjourn in Memory of Poloalii Leau, Jr