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HomeMy WebLinkAboutMinutes - January 19, 2010 - CCCITY OF AZUSA ' MINUTES OF THE CITY COUNCIL REGULAR MEETING TUESDAY, JANUARY 19, 2010 - 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. Closed Sess The City Council recessed to Closed Session at 7:01 p.m. to discuss the following: Recess I. 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. TALLEY PROPERTY Talley Prop. Address: 619 - 621 N. Azusa Avenue, Azusa Negotiator: 621 Talley LLC Shanghai Buffet b. SHANGHAI BUFFET PROPERTY Address: 1250 West Foothill Boulevard Negotiator: Fen -Lan Mu c. DALTON PROPERTIES Dalton Prop. Addresses: ' 303 E. Foothill Boulevard, Azusa, CA, 716 N. Dalton Avenue, Azusa, CA 726 N. Dalton Avenue, Azusa, CA 728 N. Dalton Avenue, Azusa, CA APN 8608-028-901, 903 & 905 (Parking Lot), Azusa, CA APN 8608-028-908 (Former MTA Site), Azusa, CA Alameda Prop. d. ALAMEDA PROPERTIES Addrej: 906, 908 & 912 N. Alameda Avenue, Azusa, CA 91702 Negotiator: City Manager Delach and Assistant City Manager Makshanoff 2. CONFERENCE WITII LEGAL COUNSEL — POTENTIAL LITIGATION (Gov. Code Sec. Conf w/legal 54956.9 (c) One Case. Cnsl The City Council reconvened at 7:34 p.m. City Attorney Carvalho advised that there was no reportable Reconvened action taken in Closed Session. No Action Mayor Rocha called the meeting to order. Mr. Ralph Munoz led in the salute to the Flag. INVOCATION was given by City Manager Delach 'ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALSO PRESENT: GONZALES, CARRILLO, MACIAS, ROCHA HANKS City Attorney Carvalho, City Manager Delach, Assistant City Manager Makshanoff, Azusa Police Chief Garcia, Director of Public Works/Assistant City Manager Haes, Economic and Community Development Director Christiansen, Administrative Services Director/Chief Financial Officer Kreimeier, Azusa Police Captain Gonzalez, Azusa Police Corporal Sandoval, Director of Recreation and Family Services Jacobs, Assistant Director of Economic and Community Development McNamara, Utilities Director Morrow, Public Information Officer Quiroz, City Clerk Mendoza, Deputy City Clerk Toscano. Call to Order Flag Salute Invocation Roll Call Also Present PUBLIC PARTICIPATION Pub Part Chief Executive Director of the Azusa Chamber of Commerce Villapania provided the latest update of the 1. Villapania Chamber activities, i.e. new members, December Food and Toy drives, upcoming events, Meet and Greet, Comments State of the City Address and Business Action DVD. Ms. Katherine Martinez of the Miss Azusa and Miss Outstanding Teen event addressed Council invited all to the Scholarship Pageant on Saturday, February 6, 2010, at Citrus College Performing Arts Center at 6 p.m. Miss Azusa Crystal Munoz and Miss Outstanding Teen Sara Weir, addressed Council expressing their gratitude and appreciation for all the support during their reining year. Pageant contestants then introduced themselves to Council and audience. Mr. Jorge Rosales addressed Council with questions regarding the City Manager salary increase, i.e. "an increase to deferred compensation to the maximum permitted, which is $18,000 per year" and "a service credit of six years for retiring health care benefits called a bonus". He questioned E-2, questioning why Dalia's has a two year forgiven loan when other entities have had five years, and expressed concerns regarding the status of the Redevelopment Agency in the Annual Report, he stated the total assets are in the negative. K. Martinez Miss Azusa Miss Outstanding Teen J. Rosales Comments Mr. Todd Priest of Vulcan Materials addressed Council announcing the next community meeting to be held T. Priest January 20, 2010, at the Azusa Readiness Center at Todd and Sierra Madre and stated that the scheduled Comments Access Day has been postponed to next week. City Attorney Carvalho explained City Manager contract asked by Mr. Rosales, that service credit for City Attorney health benefit is a benefit offered to employees; salary increase is based upon checking with other cities Comments and it is now at the medium; and deferred comp is another benefit to employees. Economic and Community Development Director Christiansen asked that questions regarding Dalia's be K. Christiansen addressed when the item comes up on the Agenda. Comments City Manager Delach responded to the question regarding Redevelopment Annual Report stating that the City Manager Redevelopment Agency does generate debt and it is asset rich and cash poor and staff shares the concern, Comments but the Agency is in a good position with market trends returning in the near future will pay back some of the debt. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Updates/Cncl City Manager Delach announced that the City has not had any major problems with the storms and that on City Mgr Monday they received approximately 2 inches of rain and is concerned about residents in (lie burn area. Comments Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously* carried to Dignity Mem approve request for proclamation to honor the Dignity Memorial Vietnam Wall at Rose Hills Memorial Vietnam Wall Park on March 23, 2010. Moved by Mayor ProkTem Macias, seconded by Councilmember Carrillo and unanimously* carried to Sponsorship approve the request for sponsorship in the amount of $100 to the Girls Varsity Softball Team of Azusa Girls Softball High School to go towards softball field improvements. Azusa Mayor Pro -Tem Macias addressed the issue of debt in the Redevelopment Agency explaining that it has to Macias have certain bonded indebted to finance some of the projects when pursing Redevelopment and it is all tied Comments to a revenue stream, lie noted that the city is very strong financially, there have been no personnel cuts or cuts to services and are doing very well and thanked City Manager and Chief Financial Officer. He asked all to drive carefully during the storms and announced the Business Action committee meeting at the Chamber Wednesday, January 20th at 6 p.m. and invited all to come and provide input for the city marketing video. Councilmember Carrillo thanked the HRC for the Hands Across Azusa celebration on Sunday. He Carrillo concurred that the fiscal stability of the City is good, but reminded all that the State continues to seek funds Comments from the cities to balance their budget. He requested that all registered voters sign a ballot initiative being put out by the League of California cities which will stop the State from taking money from the cities; if enough signatures are obtained it will be on the November ballot. Councilmember Gonzales also expressed congratulations to the HRC for a wonderful show with the Hands Gonzales Across Azusa and thelribute to Michael Jackson and thanked all who were in attendance. He reminded all Comments that if the State takes City money it could impact City services, i.e. public safety or assets. Mayor Rocha asked that the meeting be adjourn in memory of Jessie Valencia, Carlos Morgan, Victoria Rocha Martinez. He thanked all who contributed to the Valencia Family in their time of need. He thanked the Comments HRC for the wonderful event held and asked all to pray for our soldiers. 111/19/10 PAGE TWO SCHEDULED ITEMS Sclied Items PUBLIC HEARING — APPEAL OF POLICE DEPARTMENT DECISION TO DENY A REQUEST FOR Pub Hrg CAFE ENTERTAINMENT PERMIT NO. CE 2007-04, LOCATED AT 1044 GLADSTONE STREET, Cafd Enter. AZUSA, APPELLANT: MARIO FLORES, (LA FONDA RESTAURANT/BAR). La Fonda Assistant Director of Economic and Community Development McNamara addressed the Public Hearing C. McNamara presenting the appeal and detailing the process. Comments 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 Azusa Herald on January 7, 2010. ' Mr. Mario Flores of owner of La Fonda Restaurant, via an interpreter addressed the Hearing stating that he M. Flores has been a resident of the city for 26 years, Inas owned and operated the restaurant for 17 years, has updated Comments his video equipment, will be hiring a new security system company and that if he doesn't obtain the entertainment permit he won't be in business. He noted that he had a record in the past but was now reformed, he Inas always had a live band at the business, he is willing to mark the parking stalls but there have been problems with another business on the lot, Cities Tow, who double park. He asked that the appeal be reconsidered. He responded to questions posed stating that they have a Trio who perform Mexican music on the week ends and a jute box Monday through Friday and yes, they have had live music since day one, but in 2007 he was asked by the city to apply for the Cafd Entertainment Permit, which he submitted, incomplete, and in June 2009, went forward with the application process. Moved by Councilmember Gonzales, seconded by Mayor Pro -Tem Macias and unanimously* carried to Hrg clsd close the Public Hearing. City Attorney Carvalho responded to question of Council regarding the initiation of the process stating that City Attny in 2007, due to the increase in activities in other areas who offer entertainment services, Planning Staff and Comments Code Enforcement visited other business locations to insure compliance. Azusa Police Captain and Corporal Jorge Sandoval addressed Council stating that since 2007 the business Police Cpt has continued to have live entertainment. Comments Mayor Pro -Tern Macias offered a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA UPHOLDING THE POLICE Res. 10-C3 DEPARTMENT DENIAL OF A CAPE ENTERTAINMENT PERMIT FOR THE LA FONDA Upholding RESTAURANT/BAR, LOCATED AT 1044 GLADSTONE STREET, AZUSA, CALIFORNIA. Police Denial Entertainment Moved by Mayor Pro -Tem Macias, seconded by Councilmember Carrillo to waive further reading and Permit adopt. Resolution passed and adopted by the following vote of the Council: La Fonda AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUVCILMEMBERS: HANKS PUBLIC HEARING —APPEAL OF POLICE DEPARTMENT DECISION TO DENY A REQUEST FOR Pub Hrg CAFE ENTERTAINMENT PERMIT NO CE 2009-02 LOCATED AT I t97 ARROW HIGHWAY, Cafd Enter. AZUSA APPELLANT: SUSANA GOMEZ, (SUSANA'S RESTAURANT). Susana's Assistant Director of Economic and Community Development McNamara addressed the Public Hearing C. McNamara presenting the appeal and detailing the process. He stated that the business does have permission for on- Comments site beer and wine license. Mayor Pro -Tem Macias recalled that at that time he asked if they were planning to have live entertainment and they responded they were not. 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 Azusa Herald on January 7, 2010. ' Ms. Susana Gomez, owner, and daughter Mira Gomez, who interpreted for her, addressed the Hearing S. Gomez stating that they are here to receive a permit to have a DJ, live music from 7 p.m. — 2 p.m. on Friday, Comments Saturday, and Sunday to increase customers. She responded to questions posed stating that there have been no complaints from apartments or neighbor business tenants, they have 15 parking spots, at this time operating hours are=10 a.m. -7 p.m. Monday through Friday, Saturday, 8 a.m. till 10 p.m. and they have a jute box at this time. Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously* carried to Hrg closed close the public hearing. Mayor Pro -Tem Macias offered a Resolution entitled: 01/19/10 PAGE THREE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA UPHOLDING THE POLICE Res. 10-C4 DEPARTMENT DENIAL OF A CAPE ENTERTAINMENT PERMIT FOR SUSANNA'S Denial Caf6 RESTAURANT, LOCATED AT 1197 W. ARROW HIGHWAY, AZUSA, CALIFORNIA. Entertaimnent Susana's Moved by Mayor Pro -Tem Macias, 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, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HANKS The CONSENT CALENDAR consisting of Items D -I through D-13 was approved by motion of Consent Calendi Mayor Pro -Tem Macias, seconded by Councilmember Carrillo and unanimously" carried with the D -1-13,D-10 exception of item D-10 which was considered under the Special Call portion of the Agenda. Spec Call The minutes of the regular meeting of January 5, 2010, were approved as written. Min appvd 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or Regular Appointment: M. Czarota, E. Cardoso, C. Hassel, and M. Items Sencion. 3. Approval was given to file a Notice of Completion for the Northside Park Athletic Field Lighting NOC Northside Project as completed by Ace Electric in the amount of $246,751.00 and staff was authorized to file Field Ace Elect same with the Los Angeles County Clerk. 4. Approval was given for the purchase of four 2010 Ford Police Interceptor vehicles from Wondries Pur 4 Police Fleet Group, in the amount not to exceed $97,229.60 and the purchase is approved based on the Interceptor competitive bid process, Order #DPO-FR-36501761-1 as completed by the County of Los Angeles. Vehicles 5. Approval was given for the agreement for Auditing Services with Lance, Soil & Lunghard, LLP Agmt Auditing (LSL) and the City Manager was authorized to execute same. Svs Lance, Soil 6. The revised class specifications for the position of Police Officer were approved as recommended by Revised Class the Personnel Board pursuant to the City of Azusa Civil Service Rules Section 3.3. Police Officer 7. Approval was given for the professional services agreement with Revenue Cost Specialists, LLC to Revenue Cost update the Cost Allocation Plan and User Fee Study for an amount not to exceed $31,000 and Specialists Cost/ appropriate necessary funds for contract. User Study 8. Approval was given to award a contract to Allison Mechanical Corporation of Redlands, California Allison in the amount of $173,820.00 for the replacement of a boiler and 14 HVAC units throughout the Mechanical Police Station (CIP #31010E). Boiler 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING A GRANT Res. 10-05 OF EASEMENT FROM TARGET CORPORATION FOR SEWER IMPROVEMENT PURPOSES. Target Sewer 10. SPECIAL CALL ITEM. Spec Call 11. Approval was given for an Amendment to the City Manager Employment Agreement and award a City Manger 5% performance bonus. Amend Agmt 12. Staff was authorized to solicit bids for new street and traffic improvements which will complement Bids Traffic imp I the current Target Store development and meet the measures required to mitigate the traffic impacts. Target Store 13. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 10-C6 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. I SPECIAL CALL ITEMS Spec Call Items Mayor Pro -Tem Macias addressed the Notice of Completion for Slauson park equipment improvement and NOC Slauson asked if the project Was complete as he noticed work still being done. Director of Recreation and Family Park Playground Services Jacobs responded stating that the project is complete, staff is still working on installing the equipment but the project is complete. Moved by Mayor Pro -Tem Macias, seconded by Councilmember Gonzales and unanimously" carried to Approved approve the Gladstone and Slauson Park playground equipment improvements and accept the project as complete and that staff be authorized to file same with the Los Angeles County Recorder. 01/19/10 PAGE FOUR THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT CRA Convene 8:35 P.M. THE CITY COUNCIL RECONVENED AT 8:55 P.M. Cncl reconvened It was consensus of Council that the meeting be adjourned in memory of Jessie Valencia, Carlos Adjourn in Morgan, and Victorino Martinez. Memory of J. Valencia, C. Morgan, V. Martinez TIME OF ADJOURNMENT: 8:56 P.M. 1 Ct LERK NEXT RESOLUTION NO. 2010-C7 NEXT ORDINANCE NO. 2010-01. I *Indicates Hanks absent. 1 01/19/10 PAGE FIVE