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HomeMy WebLinkAboutMinutes - February 1, 2010 - CCCITY OF AZUSA 1 MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, FEBRUARY 1, 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. CEREMONIAL Ceremonial The City Council presented Certificates of Recognition to all who participated in the Holiday Toy Drives Cert Toy throughout the City of Azusa. Drive CLOSED SESSION Closed Sess Mr. Jorge Rosales addressed Council questioning the difference between a potential litigation and an J. Rosales anticipated litigation as listed on the Agenda. Comments City Attorney Carvalho responded stating that according to the Brown Act there are several government City Attorney code sections cited when entering closed session, the two items listed are both claims against the city and Response anticipated is based on threats of litigation and potential is more than a threat. 'Mr. Mike Lee addressed item regarding potential litigation from City of Duarte stating that if it involves M. Lee Vulcan he tropes there is a way to resolve it; he commented the issue at the Planning Commission meeting. Comments The City Council recessed to Closed Session at 6:57 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. TALLEY AOPERTY Talley Prop. Address: 619 - 621 N. Azusa Avenue, Azusa Negotiator: 621 Talley LLC b. Address: 809 and 813 N. Dalton Avenue Negotiating Parties: O'Bryant, Steven and Wetsfall, Betty (Owner) c. Address: 820 and 822 N. Alameda Avenue Negotiating Parties: Carlos E. Garcia (Owner) d. Address: 817 N. Dalton Avenue and 262 — 284 E. Ninth Street Negotiating Parties: Ernest L. Jackson and David E. Jackson (Owner) e. Address: 824 N. Alameda Avenue Negotiating Parties: Roberto Arzate (Owner) f. Address: APN# 8608-027-902 (MTA Site) ' Negotiating Parties: LACMTA (Owner) g. DOWNTOWN NORTH A2 & A3 Site Downtown Addresses: 858 N. Azusa Avenue, Azusa, CA Properties 832 N. Azusa Avenue, Azusa, CA A2 & A3 Sites 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 Negotiating Parties: City Manager Delach and Assistant City Manager Makshanoff It. Address: 1313 W. Gladstone Street, Azusa, CA Negotiating Parties: Azusa Land Reclamation Incorporated 2. CONFERENCE WITH LEGAL COUNSEL— POTENTIAL CLAIM AGAINST AZUSA Conf w/legal (Gov. Code Sec. 54956.9(b) - Natural Resources Defense Council v. County of Los Angeles, Cnsl NRDC LA County Flood Control. Conf w/legal 3. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Gov. Cnsl City of Code Section 54956.9 (b). Potential Litigation from the City of Duarte Duarte ' The City Council reconvened at 7:36 p.m. City Attorney Carvalho advised that with regard to item on Reconvened NRDC w. County of Los Angeles, on a,5-0 vote, Mayor Roclra was directed to sign a Tolling Agreement Reportable with the County of Los Angeles. With regard to item three, Staff was directed to send a letter in response Action to the City of Duarte's claim. The reminder of the closed session items will be discussed at the end of the agenda. Mayor Rocha called the meeting to order. Call to Order Reggie and Tyler Hernandez led in the salute to the Flag. Flag Salute INVOCATION was given by City Manager Delach Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA D. Spangler ABSENT: COUNCILMEMBERS: NONE Comments 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, Economic and Community Development Director Christiansen, Administrative Services Director/Chief Financial Officer Kreimeier, 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. PUBLIC PARTICIPATION Pub Part Mr. Eric Knoles addressed Council with several rhetorical questions regarding mining, within the City of E. Knoles Azusa and throughout other cities. Comments Ms. Jeri Vogel addressed Council in opposition to mining in Azusa. J. Vogel �k Comments Mr. Tyler Hernandez addressed Council expressing appreciation to the City Council for its support of the T. Hernandez Azusa High School Leadership Program. Comments Mr. Mike Lee addressed Council expressing his opinion regarding many issues i.e. Census, local M. Lee restaurants, Vulcan, Duarte, mining, prayer for troops and President Obama. Comments Mr. Jorge Rosales requested that the comment period for the Vulcan EIR be extended. He noted that the J. Rosales EIR was released on December 23, 2009, the period will end on February 5, 2010 and that the 45 day is a Comments minimum requirement; he asked that it be extended 15 days. Ms. Xilonin Cruz -Gonzalez, representing Save Our Canyon, advised that they will be holding a community X. Cruz - meeting on Wednesday, February 3, 2010, at 5:30 p.m. by the City Library and will attend the Planning Gonzalez Commission meeting regarding Vulcan immediately following; she too asked that the comment period be Comments extended. ' Mr. Dan Spangler addressed Council expressing his appreciation for the Mayor and all he does. He talked D. Spangler about his history with the City, the rock quarry and looks forward to Azusa and its fresh new start. Comments Mr. Bruce Knoles addressed Council requesting that they disallow any more destruction of hillsides within B. Knoles the City of Azusa and extend the comment period for the Vulcan EIR. Comments City Attorney Carvalho presented an item of subsequent need which arose after the posting of the agenda, a City Attorney letter from the Sierra Club requesting an extension of the comment period for the Vulcan EIR which will Item of Sub - end on Friday, February 5, 2010 and it was moved by Councilmember Gonzales, seconded by Mayor Sequent Need Rocha and carried by roll call to add the subject letter as item C-2 to the Scheduled Items portion of the Letter from Agenda. Councilmember Hanks voting no. Siena Club 02/01/10 PAGE TWO REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Updates/Cncl Sched Items RESOLUTION SUPPORTING THE -LEAGUE OF CALIFORNIA CITIES SPONSORED INITIATIVE League LOCAL TAXPAYER, PUBLIC SAFETY & TRANSPORTATION PROTECTION ACT OF 2010. sponsored Resolution City Manager Delach and Councilmember Carrillo, Vice President of the League of California Cities, presented the issue stating that this resolution is to support the initiative and the signatures on the petitions to block the State of California from raiding or taking funds from local governments. They stressed the need for local cities to protect themselves from State raids of revenues and funding sources. There is a Statewide goat of collecting 1.1 million signatures to place the item on the November ballot. Councilmember Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA IN SUPPORT OF THE LOCAL Res. 10-C8 TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010. Support Cities . Sponsored Moved by Councilmember Carrillo, seconded by Mayor Pro -Tem Macias to waive further reading and Initiative Local adopt. Resolution passed and adopted by the following vote of the Council: Taxpayer, Public 4 Safety & AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA Transportation NOES: COUNCILMEMBERS: NONE Protection Act ABSENT: COUNCILMEMBERS: NONE Of 2010 The above resolution was passed and it was requested that staff send copies to local legislative Mayor Pro -Tem Macias stated that there is a need to enforce loitering laws at the Edgewood Shopping Macias Center on Gladstone Street as women employees and shoppers have been getting harassed by loiters. He Comments JOAN LICARI, TO EXTEND THE COMMENT PERIOD FOR THE VULCAN EIR FOR FIFTEEN stated that there is a need to contact security, Police Department and Management for the Center to address DAYS. Comment per. the situation. He and on behalf of his family thanked all who expressed their condolences on the loss his City Attorney City Attorney Carvalho advised that under the California Environmental Quality Act, the City must give a mother and talked about what a high inspiration she was to his family. minimum time of 45 days comment period and a maximum of 60 days. She noted that should any Councilmember Gonzales asked that the sign directing Day Laborers to the Center on Gladstone be placed Gonzales days are calendar days and the maximum that could granted is 15 days, February 20, 2010, postmarked back up in that area and announced the 4th Annual Casino Night as a fundraiser for local organizations i.e. Comments American and National Little Leagues and Parks and Recreation, on Friday, February 12'h from 6:30 p.m. Extension 15 Macias and carried -by roll call to approve a fifteen (15) day extension of the comment period of the to 11:00 p.m, at the Azusa Woman's club. He encouraged all to donate to the Baker to Vegas Run by the Environmental Impact Report (EIR) for the Vulcan Project. Councilmember Hanks voting no. ' Azusa Police Department. Consent Calendi Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried. Councilmember Carrillo advised that on last Saturday, as Vice President of the San Gabriel Council of Carrillo Governments, he had the opportunity to chair a six hours strategic planning session and expressed his Comments appreciation to City Manager Delach and Assistant City Manager Makshanoff who were in attendance. He talked about the benefits of regional representation, i.e. Councilmember Hanks and Mayor Pro -Tem Macias on the Gold Line Boards. He noted that with SGCOG there will be funds available for housing projects of which Atlantis Gardens would qualify and stated that they will soon be adopting six month goals. Mayor Rocha announced that on Saturday, February 13, 2010, the Be A Walker Program will be ]veld at Roclia Veterans Park and walkers will meet by the Museum at 9:30 a.m. Guest walk leaders will be Assemblyman Comments Ed Hernandez and Andrew Montez. He asked that the meeting be adjourned in memory of Aurora Carrillo Wilson and Sharon Driever. Sched Items RESOLUTION SUPPORTING THE -LEAGUE OF CALIFORNIA CITIES SPONSORED INITIATIVE League LOCAL TAXPAYER, PUBLIC SAFETY & TRANSPORTATION PROTECTION ACT OF 2010. sponsored Resolution City Manager Delach and Councilmember Carrillo, Vice President of the League of California Cities, presented the issue stating that this resolution is to support the initiative and the signatures on the petitions to block the State of California from raiding or taking funds from local governments. They stressed the need for local cities to protect themselves from State raids of revenues and funding sources. There is a Statewide goat of collecting 1.1 million signatures to place the item on the November ballot. Councilmember Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA IN SUPPORT OF THE LOCAL Res. 10-C8 TAXPAYER, PUBLIC SAFETY AND TRANSPORTATION PROTECTION ACT OF 2010. Support Cities . Sponsored Moved by Councilmember Carrillo, seconded by Mayor Pro -Tem Macias to waive further reading and Initiative Local adopt. Resolution passed and adopted by the following vote of the Council: Taxpayer, Public 4 Safety & AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA Transportation NOES: COUNCILMEMBERS: NONE Protection Act ABSENT: COUNCILMEMBERS: NONE Of 2010 The above resolution was passed and it was requested that staff send copies to local legislative representatives Dr. Ed Hernandez and Senator Gloria Romero. A REQUEST FROM THE SAN GABRIEL VALLEY TASK FORCE OF THE SIERRA CLUB, CHAIR Request to JOAN LICARI, TO EXTEND THE COMMENT PERIOD FOR THE VULCAN EIR FOR FIFTEEN Extend EIR DAYS. Comment per. City Attorney City Attorney Carvalho advised that under the California Environmental Quality Act, the City must give a Presentation minimum time of 45 days comment period and a maximum of 60 days. She noted that should any subsutive comments come in after that time they would be addressed. She responded to question posed that days are calendar days and the maximum that could granted is 15 days, February 20, 2010, postmarked ' accepted. After Councilmember comments, it was moved by Councilmember Gonzales, seconded by Mayor Pro -Tem Extension 15 Macias and carried -by roll call to approve a fifteen (15) day extension of the comment period of the days approved Environmental Impact Report (EIR) for the Vulcan Project. Councilmember Hanks voting no. Vulcan EIR The CONSENT CALENDAR consisting of Items D-1 through D- 8 was approved by motion of Consent Calendi Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried. D-1-8 Councilmember Hanks abstained from the minutes as he was -not present at that meeting. 1. The minutes of the regular meeting of January 19, 2010, were approved as written. Min appvd 02/01/10 PAGE THREE 2. human Resources Action Items were approved as follows: Merit Increase and/or Regular Appointment: L. Santamaria, and K. McMath HR Action Promotion: F. Vasconcelos, Police Officer. Items 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DECLARING HAZARDOUS BRUSH, DRY GRASS, WEEDS, COMBUSTIBLE GROWTH OR Res. 10-C9 FLAMMABLE VEGETATION, TO INCLUDE ORNAMENTAL VEGETATION, IN THE CITY Weed OF AZUSA A SEASONAL AND RECURRING NUISANCE, AND SETTING THE DATE AND Abatement Hrg TIME OF FEBRUARY 16, 2010, AT 7:30 P.M., TO CONDUCT A PROTEST HEARING FOR 2/16/10 AFFECTED PROPERTY OWNERS BEFORE THE CITY COUNCIL. 4. Approval was given for a Notice of Completion for the following project and staff was authorized to ' file same with the Los Angeles County Clerk: Foothill Boulevard Reconstruction Phase II Project NOC Foothill No. 66110E - $879,841.11 - Sully Miller Contracting Co., Anaheim, CA. Reconstruction Phase It 5. The City Treasure's Report as of December 31, 2009 was received and filed. Treas Rpjt 6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING INTENTION TO QUITCLAIM AN EASEMENT FOR THE CLOSURE OF A PEDESTRIAN Res. 10-C 10 WALKWAY BETWEEN CITRUS AVENUE AND VICEROY AVENUE. Intent close Walk Way Ing 2/16/10 7. Approval was given to authorize staff to circulate a Request for Qualification (RFQ) to provide consultant services for various environmental reviews associated with projects being processed Circulate RFQ through the City. Environmental Reviews 8. The following resolution was adopted and entitled: A RESOLUTION OF T14E`CITY COUNCIL OF THE CITY OF CLAIMS AND DEMANDS AND SPECIFYING THE FUND' ARE TO BE PAID. SPECIAL CALL ITEMS None. AZUSA ALLOWING CERTAIN OUT OF WHICH THE SAME Res. 10 -CII Warrants Spec Call Items None. THECITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT '8:32 P.M. THE CITY COUNCIL RECONVENED AT 8:33 P.M. THE CITY COUNCIL CRA Convene RECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY CONVENED AT 8:33 P.M. Cncl reconvened THE CITY COUNCIL RECONVENED AT 8:34 P.M. Convene APFA Cncl reconvened It was consensus of the City Councilmembers to recess to Closed Session to discuss the remainder of the items; Councilmember Gonzales recused himself from discussion on the Talley Building. The City Closed Session Council recessed at 8:34 p.m. and reconvened at 9:33 p.m. There was no reportable action taken in Closed Recess & Session. Reconvened No Rpts It was consensus of Councilmember to adjourn in memory of Aurora Carrillo Wilson and Sharon Driever. Adjourn in Memory of A. Wilson TIME OF ADJOURNMENT: 9:34 P.M. & S. Driever NEXT RESOLUTION NO. 2010-C12 NEXT ORDINANCE NO. 2010-01. 02/01/10 PAGE FOUR