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HomeMy WebLinkAboutMinutes - February 16, 2010 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING TUESDAY, FEBRUARY 16, 2010 — 6:32 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 SESSION The City Council recessed to Closed Session at 6:34 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. TALLEY PROPERTY Address: 619 - 621 N. Azusa Avenue, Azusa Negotiator: b. Address: Negotiating Parties: c. Address: Negotiating Parties: d. Address: Negotiating Parties: e. Address: Negotiating Parties: f Address: Negotiating Psarties: 621 Talley LLC 809 and 813 N. Dalton Avenue O'Bryant, Steven and Wetsfall, Betty (Owner) 820 and 822 N. Alameda Avenue Carlos E. Garcia (Owner) 817 N. Dalton Avenue and 262 — 284 E. Ninth Street Ernest L. Jackson and David E. Jackson (Owner) 824 N. Alameda Avenue Roberto Arzate (Owner) APN# 8608-027-902 (MTA Site) LACMTA (Owner) g. 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 Negotiating Parties: City Manager Delach and Assistant City Manager Makshanoff Closed Session Recess Real Prop Negotiations Talley Prop Downtown Properties A2 & A3 Sites ' 2. CONFERENCE WITH LEGAL COUNSEL GOVERNMENT CODE SECTION 54956.9(b)- Conf w/legal Significant Exposure to Litigation and (c) — Potential Initiation of Litigation. One case. Cnsl Potential Litigation The City Council reconvened at 7:30 p.m. City Attorney Martinez advised that there was no reportable Reconvened action taken in clbsed session and that Councilmember Gonzales abstained from participation of No Reports discussions regarding the Talley Property due to a potential conflict of interest. Mayor Rocha called the meeting to order. Call to Order Mr. Tom Sanchez led in the salute to the Flag. Flag Salute INVOCATION was given by Pastor Jimmy Gilek of Bread of Life Christian Center Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Martinez, 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, Library Director Johnson, Public Information Officer Quiroz, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICII'ATION Pub Part Mr. Mike Lee addressed Council expressing his appreciation to Chief of Police Garcia for a post card sent M. Lee from Washington D.C. and to Mayor Pro -Tem Macias for visiting the Edgewood Shopping Center in order Comments to resolve certain problems. He reminded all about the importance of the upcoming Census, advised of his attendance at the Vulcan Public Hearings and the importance of the decisions to be made. Ms. Etna Medina of Azusa Pacific University, addressed Council stating that there is a need for a change in E. Medina community involvement and a need for students to participate in the community of Azusa; she asked for Comments Council suggestions and feed back. Ms. Peggy Martinez addressed Council expressing her concern and disappointment regarding the lack of P. Martinez communication to the Downtown North Association regarding the termination agreement with Lewis; she Comments stated she would like to work together regarding downtown in the future. Mr. Bruce Knoles addressed Council thanking them for extending the Draft Environmental Impact Review B. Knoles period of the Vulcan project. Comment Ms. Catherine Martinez addressed Council thanking them for their continued support of the Miss Azusa C. Martinez and Miss Outstanding Teen Scholarship Program and the use of the Library and Police Department Comments facilities. She provided an update on the program and presented the new Miss Azusa and Miss Outstanding ' Teen. Miss Azusa is Christina Alcaraz and Miss Outstanding Teen is Marisa Piceno. Mr. Jorge Rosales addressed Council expressing his concern regarding the financial solvency of the City J. Rosales and the Redevelopment Agency citing prior meetings which reported a negative in redevelopment funds, Comments plus outstanding debt to the City and now staff is recommending that the City approve another loan to the Agency for 2.5 million dollar to pay the State. He noted restrictions in item F-1 and the proposed purchase of residential properties outside of the Redevelopment Project Area and in item F-2, Termination of ENA with Lewis Investment Company, lie talked about his prior concerns regarding Lewis and now the high cost of purchasing those properties. a Ms. Jeri Voget addressed Council expressing her opinion that she is against the Vulcan project. She read J. Vogel exerts of past mining contract with Azusa Rock. She asked questions similar to if there will be a review in Comments 2013 if the CUP is passed, could the CUP be a way of renewal without proving substantial compliance, if review in 2013 is not in compliance will they be shut down, and will the biannual review continue if CUP is approved. Staff responded to questions stating that there are biannual reviews on an on -gong basis, as long as they are Staff response in compliance the City will not/cannot shut them down, it's up to Council to place conditions, but for now the recommendation is to leave as a two year review. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Mayor Pro -Tem Macias asked that the meeting be adjourned in memory of Maximo Padilla and Federico Mario Cassambias. He asked that staff research the feasibility of a new graffiti abatement and illegal 'firework ordinance and that the police department, school district, public works and parks and recreation department participate to update the current ordinances. City Manager Delach responded stated that they would come back with a report at the first meeting in April. He stated that Lewis Investment Company approached the City regarding the termination and no one was left out. He asked that the fencing in the downtown area be rerfioved until there is a plan for a permanent use and suggested that it be used for extra parking, a farmer's market or a joint use with the Chamber. City Manager Delach responded that he would come back with a proposal for temporary use as well as cost factors by March 15th. Councilmember Carrillo stated that he would also like some type of temporary use within budget and would like a report back from staff. Mayor Rocha asked for additional information. Mr. Macias announced the Gold Line Sign unveiling at Citrus Avenue, on Friday, March 5th at 11 a.m.-and on Friday, March 20°i at 11 a.m. at the Azusa Avenue railroad tracks Gold Line Station Stop. Further, that there will be a Gold Line Phase 11 A, Open House on April 1, 2010, at 5:30 p.m. at the Azusa Senior Center. 02/16/10 PAGE TWO Updates/Cncl Macias Comments Councilmember Hanks expressed his condolences to the Macias Family. He announced that on Thursday Hanks morning the MTA Measure R Committee will be meeting to discuss the fund transfer agreement Comments recommendation to the MTA Board, he talked about the release of funds and relationship of the Gold Line and MTA. Councilmember Gonzales thanked all who participated in the Fourth Annual Casino Night at the Azusa Gonzales Woman's Club and noted that proceeds would go towards Azusa American League, Azusa National Little Comments League and Azusa Raiders Jr. All American and asked that the Check presentation be held at the March 1, 2010 meeting. He thanked the person who cleaned the A upon the mountain. Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried to Cert of Recog ' approve request for Certificate of Recognition to Jousce Gonzalez for winning boxing championship. J. Gonzalez Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried to SCMAF approve request for Certificates of Recognition for SCMAF/San Gabriel Valley Flag Football Champions. Cert of Recog. (To be presented at the meeting of March 1, 2010). Mayor Roclta stated that the meeting will be adjourned in memory of Alexandra Campos, Maximo Padilla and Federico Mario Cassambias, thanked all who participated in the Be A Walker Program and announced another to be held on Saturday March 13th at Northside Park, announced the UMAPA Scholarship Dance on March 6, 2010, on March 271" the East San Gabriel Valley Census Count Committee would like to sponsor an event at the Senior Center for the Census Count, Congresswoman Judy Chu and Assemblyman Dr. Ed Hernandez will be present, and Census information is being held at the Library and Azusa High School. He asked that the following be placed on the March 1, 2010 agenda: Discussion of a sub- committee of the City Council and the Mayor to meet with a sub -committee of the School Board to discuss items that impact both entities. SCHEDULED ITEMS Rocha Comments Sched Items Mayor Rocha left the Council dais and abstained from the following item due to a potential conflict of Rocha Abstn interest. LOS ANGELES COUNTY FIRE DEPARTMENT WEED ABATEMENT PROTEST HEARING. Economic and Community Development Director Christiansen presented the informal Public Hearing ' stating that this is to allow the property owners to object to the brush and clearance notice that they received, testimony should be received, adoption of the order to abate should be considered, all affected property owners have been contacted and costs associated with the weed abatement are placed on property tax rolls. Infrml Hrg Weed Abatement Moved by Councilmember Hanks, seconded by Councilmember Carrillo and unanimously* carried to open Hrg open the Protest Hearing. Testimony was solicited, but none was received. Moved by Councilmember Carrillo, No Testimony seconded by Councilmember Gonzales and unanimously* carried to close the Public Hearing. Hrg Clsd Moved by Councilmember Carrillo, seconded by Councilmember Hanks and carried by roll call to approve Order to Abate the motion and abatement order directing abatement of the nuisance by removing all weeds and rubbish Approved from the affected improved parcels. Mayor Rocha abstained. PUBLIC HEARING — ON A CITY INITIATED REQUEST TO AMEND VARIOUS SECTIONS OF Pub Hrg CHAPTER 88, "DEVELOPMENT CODE, MARCH 2005" (2005 CODE) OF THE CITY OF AZUSA Amend Dev MUNICIPAL CODE. Code Chapter88 Senior Planner Cole addressed the Hearing stating that since the adoption of the current Development Code S. Cole staff has noticed inconsistencies or areas where clarifications are needed, current revisions have been Comments approved by the Planning Commission and she presented a proposed Ordinance which will approve the amendments by Council, she recommended approval. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication published Hrg open in the Azusa Herald on February 4, 2010. Testimony was solicited, but none was received. Testimony ' Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried to Hrg closed close the Hearing. Councilmember Hanks offered an Ordinance for first reading and introduction, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING 1" Rdg Ord AMENDMENTS TO CHAPTER 88 -DEVELOPMENT CODE OF THE CITY OF AZUSA MUNICIPAL Amend Dev CODE. Code Moved by Councilmember Hanks, seconded by Mayor Pro -Tem Macias and unanimously carried to waive further reading and introduce the proposed ordinance. 02/16/10 PAGE THREE PUBLIC HEARING — ON AN ORDINANCE AMENDING CHAPTER 88.34 OF THE AZUSA Pub Hrg Wtr MUNICIPAL CODE PERTAINING TO WATER EFFICIENT LANDSCAPING Efficient Lndsp( Assistant Economic and Community Development Director McNamara addressed the Hearing stating that C. McNamara this is a request to replace the current Water Efficient Ordinance per Assembly Bill 1881, which requires Comments that the city either adopt an ordinance or use the States Model Ordinance which requires a reduction in the maximum applied water allowance which establishes a threshold for watering in the community and applies to landscapes and large water projects. He stated that guidelines will be distributed to affected applicants, he recommended approval. He then responded to question regarding the HOA's staling that since they may be the most affected, staff will meet with them personally and make sure they are aware of the changes and, with regard to residential landscapes, they will explain to them when applying for permits via building department. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of said Hrg open notice published in the San Gabriel Valley Tribune on February 3, 2010. Testimony was. solicited, but Testimony none was received. None Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried to Hrg closed close the Hearing. Councilmember Carrillo offered an Ordinance for first reading and introduction, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING I" Rdg Ord CHAPTER 88:34 OF THE AZUSA MUNICIPAL CODE PERTAINING TO WATER EFFICIENT Wtr Efficient LANDSCAPING. Landscaping Moved by Councilmember Carrillo, seconded by Councilmember Hanks and unanimously carried to waive further reading and introduce the proposed ordinance. The CONSENT CALENDAR consisting of Items D-1 through D- 8 was approved by motion of Consent Calend Councilmember Carrillo, seconded by Councilmember Hanks and unanimously carried. Councilmember D-1-8 Carrillo recused himself from item D-7 due to a possible conflict of interest. 1. The minutes of the regular meeting of February 1, 2010, and the special meetings of January 11 and Min appvd 25, 2010, were approved as written. ' 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or Regular Appointment: E. Vazquez, P. Adame, J. Madaloni, and H. Items Vuong. . Res. 10-C12 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Grant Program APPROVING THE APPLICATION FOR STATEWIDE PARK PROGRAM GRANT FUNDS Disposal of 4. In accordance with Section 2-525(b) of the Azusa Municipal Code, approval was given for the Surplus Trucks disposal of oW (1) surplus Telescopic Articulating Aerial Device (Bucket Truck), one (1) surplus Ford F-250 Pick-up Truck, and one (1) surplus Ford Ranger Pick-up Truck. West Coasts 5. Formal bidding procedures were waived per Azusa Municipal Code: 2-523 (g) when the authorized Arborist, Inc. contracting party determines that a competitive bid procedure has been conducted by another public agency and the price to the City is equal to or better than the price to that public agency. The City Manager was authorized to execute a new three year agreement with a possible two year extension between the City and West Coast Arborist Inc. Roberts 6. Approval was given to award a contract to Roberts Plumbing Company of Azusa, California in the Plumbing amount of $17,600 for the replacement of multiple valves and water lines at the Azusa Police PD Station (CIP #3101013). Rick Engineerir 7. Approval was given to staff to enter into a professional services agreement with Rick Engineering Topographic Company for a not to exceed fee of $11,489 to provide topographic survey and mapping services for Survey & Map Cerritos Avenue between Foothill Boulevard and Hollyvale Street and Fifth Street between ' Rock -vale and 300' west of Cerritos Avenue to support design of the contract documents for CIP #661101; Azusa Schools TLC. Councilmember Carrillo abstained from this item. 8. The following resolution was adopted and entitled: Res. 10-C13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Warrants CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. SPECIAL CALL ITEMS None. Spec Call Items I None 02/16/10 PAGE FOUR CncUCRA THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AT Convene Judy 8:40 P.M. TO DISCUSS THE FOLLOWING: LOAN AGREEMENT AND BUDGET AMENDMENT FOR SUPPLEMENTAL EDUCATIONAL Loan Agmt REVENUE AUGMENTATION FUND (SERAF) PAYMENT SERAF Economic and Community Development Director Christiansen addressed the issue stating that the State of K. Christiansen California has a shortfall in their budget and the Governor has proposed to take Redevelopment funds and City Mgr as of Slate Law the Agency must notify the county auditor as to how the Agency intends to fund its SERAF Comments payment by March 1, 2010. He stated that most agencies are using Housing Set Aside Funds, but the City of Azusa has utilized its,funds by purchasing housing to develop low income housing; therefore, there is a need to request a loan from the City. He noted that there is currently a lawsuit filed by the California Redevelopment Association on behalf of redevelopment agencies to stop the payment but they are still required to identify where the payment is coining from by March 1st. City Manager/Executive Director Delach stated that the initial lawsuit was successful on behalf of the cities and is hopeful that the appeal is successful. Further, the City of Azusa bas responsibly spent its housing funding and the source will come from the General Fund but will continue to look to consider other alternatives. Discussion was held between Councihnembers/Directors and staff regarding the general fund balance, Discussion potential property liquidation, identification of the funds to the State, the petition by the League of California to prohibit State from taking monies from cities and if approved, any takeaways between now and November will be reversed, and the prudent handling of the city finances. Moved by Councilmember/Director Hanks, seconded by Councilmember/Director Carrillo and carried by loan Agmt roll call to approve agreement with the City to loan funds to the Agency to pay the Supplemental Education Approved Revenue Augmentation Fund (SERAF) obligation and adopt Resolutions as follows, requesting and authorizing the loan, and approving appropriation amendments in the amount of $2,491,858, and the City Manager/Executive Director was authorized to execute the necessary documents. Director Hanks offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING Res. 10-R7 A LOAN FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED AND RANCH CENTER Requesting REDEVELOPMENT PROJECT AREAS. Loan SERAF ' Moved by Director Hanks, seconded by Director Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Directors: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS NOES: DIRECTORS: ROCHA ABSENT: DIRECTORS: NONE Councilmember Hanks offered a Resolution entitled: A RESOLUTION Oh THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS FOR Res. 10-C14 PURPOSES OF THE MERGED AND RANCH CENTER REDEVELOPMENT PROJECT AREAS. Authorizing Loan SERAF Moved by Councilmember Hanks, seconded by Councilmember Carrillo 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 Comtcilmentber Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING Res. 10-C15 APPROPRIATION AMENDMENT FOR FISCAL YEAR 2009/10 PURSUANT TO SECTION 2450 OF Approp Amend THE AZUSA MUNICIPAL CODE. ' Moved by Councilmember Hanks, seconded by Councilmember Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCfLMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS NOES: COUNCILMEMBERS: ROCHA ABSENT: COUNCILMEMBERS: NONE Director Hanks offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING Res. 10-118 APPROPRIATION AMENDMENTS FOR FISCAL YEAR 2009/10 PURSUANT TO SECTION 2-450 Approp Amend OF THE AZUSA MUNICIPAL CODE. 02/16/10 PAGE FIVE Moved by Director Hanks, seconded by Director Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Directors: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS NOES: DIRECTORS: ROCHA ABSENT: DIRECTORS: NONE THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT CRA Cont 8:49 P.M. THE CITY COUNCIL RECONVENED AT 9:10 P.M. Cncl reconvened ' It was consensus of Councilmember to adjourn in memory of Alexandra Campos, Maximo Padilla and Adjourn in Federico Mario.Cassarubias. Memory of A. Campos, M. Padilla and F. Cassarubias TIME OF ADJOURNMENT: 9:11 P.M. CITY CLERK NEXT RESOLUTION NO. 2010-06 NEXT ORDINANCE NO. 2010-01. * indicates Mayor Rocha abstained 02/16/10 PAGE SIX