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HomeMy WebLinkAboutMinutes - May 3, 2010 - CCCITY OF AZUSA ' MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, MAY 3, 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. CEREMONIAL Ceremonial Certificate of Recognition was presented to Mr. Robert Byerly for his achievement as the "2010 Cert R. Byerly Outstanding School Crossing Guard of the Year for the City of Azusa" Crossing Guard Certificates of Recognition were presented to the students of Gladstone High School for their Academic Cert of Rec Achievements. Gladstone HS CLOSED SESSION Mr. Samuel Wells, a private attorney and Mr. Michael McCoy of Lackie, Danuneier & McGill, representing the Middle Management Association on a member addressed Council and requested that a Sub Committee of the Council, City Attorney and staff to meet to try and resolve the issue. City Attorney ' Carvalho responded stating that the issue of a Sub Committee is a matter of discussion by the Council, but is premature at this point, as they are now following the process that is a requirement of the voter approved Personnel Rules and if any final action is taken today, notice will be given to the City Employee within ten days and that decision can be appealed to the Personnel Board. The City Council recessed to Closed Session at 6:57 p.m. a. b. REAL PROPERTY NEGOTIATIONS (Gov. Code See. 54956.8) Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Tetras of Payment ENTERPRISE PROPERTY Address: 229 S. Azusa Avenue (APN 8614-014-056, 057 and 058) Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency f 1711 191 11491FA Address: 624 — 630 N. San Gabriel Avenue, Azusa, CA 91702 622 N. San Gabriel Avenue, Azusa, CA 91702 604 N. San Gabriel Avenue, Azusa, CA 91702 600 N. San Gabriel Avenue, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency Address: 634 N. San Gabriel Avenue, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Soon Kwon I Closed Session Discussion Employee Dis/Disc/Rel Real Properly Neg. Enterprise Prop Block 37 C. BLOCK 36' Block 36 Address: 100 E. Foothill Boulevard, Azusa, CA 91702 614 — 640 N. Azusa Avenue, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency Address: 152 E. Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Bank of America & City of Azusa Redevelopment Agency 2. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Conf w/Labor Agency Negotiators: Administrative Services Director -Chief Financial Officer Kreimeier Negotiator Organizations AMMA, SEIU, APOA, APMA and ACEA Various Units 3. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Gov. Code Sec. 54957). Pub Emp Dis 4. PUBLIC EMPLOYEE PERFORDIANCE EVALUATION (Gov. Code See. 54957) Pub Emp Eval Title: City Manager City Mgr The City Council reconvened at 7:40 p.m. The City Attorney advised that there was no reportable Cnel Reconvene action taken in Closed Session but that not all items were completed and will be addressed at the end of the No Reports regular meeting. Mayor Rocha called the meeting to order. Call to Order Mrs. Josie Vera led in the salute to the Flag. Flag Salute INVOCATION was given by Pastor Samuel Martinez of Christian Faith Center of the Valley Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, ROCHA ABSENT: COUNCILMEMBERS: MACIAS, HANKS ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Assistant City Manager Makshanoff, Police Chief Garcia, Director of Public Works Haes, Economic and Community Development Director Christiansen, Library Director Johnson, Director of Recreation and Family Services Jacobs, Recreation Superintendent of Parks Chavez, Urban Forester Montes, Administrative Services Director/Chief Financial Officer Kreimeier, Assistant Director of Economic and Community Development McNamara, Utilities Director Morrow, Public Information Officer Quiroz, City Clerk Mendoza, Deputy City Clerk Toseano. PUBLIC PARTICIPATION Pub Part Mr. David Jaramillo sang two musical selections as a Tribute to all Mother's of Azusa, in honor of D. Jaramillo Mother's Day. Mother's Day Ms. Isabel Loera addressed Council inviting all to attend a meeting on Tuesday, May 4, 2010, at Victor I. Loera Hodge School to show support for the Classified Employees whose jobs are being eliminated. Comments Mr. Mike Lee addressed Council regarding the tragic accident that occurred when a young boy riding a M. Lee bike was hit by a car and wasn't wearing his bicycle helmet he talked about the importance of enforcing Comments the laws to wear helmets and asked that parents to set an example for their kids. Ms. Ginny Dadaian addressed Council announcing the Third Annual Mayor's Prayer Breakfast to be held G. Dadaian on Wednesday, May 19°i at Azusa Pacific University. The event is sponsored by the Azusa Ministerial Comments Association and the cost is $15 presale and $20 at the door; the guest speaker is Jack Hayford. Mr. Ward Archer addressed Council expressing his opposition to Vulcan mining in Azusa. W. Archer Ms. Barbara Dickerson addressed Council announcing that Maricela Aguilar of Azusa has received the B. Dickerson Gates Millennium Scholar Award. She asked to consider a banner to be displayed at City Hall noting the Comments names of students and their post secondary schools identified. Mr. Paul Naccachian addressed Council expressing a need to enforce the Helmet Law and proceeded to P. Naccachian provide statistics regarding the issue. He also expressed objection to Vulcan mining. Comments Mr. Darrell George addressed Council thanking them for allowing more time for public input on the D. George Vulcan issue, he expressed his appreciation and talked about the project. Comments Mr. John Fasana thanked Council for the additional time to allow review of Vulcan issues and talked about J. Fasana the beauty of the falls and area. Comments Pastor Samuel Martinez addressed Council and announced the National Day of Prayer to be held at the S. Martinez Village Covenant Church on Thursday, May 6, 2010 at 7 p.m. He also talked about his support for AYAS. Comments Ms. Karen Vance addressed Council expressing her concern regarding Vulcan mining and possible K. Vance landslide, etc. Comments 05/03/10 PAGE TWO Mr. Steven O'Bryant addressed Council expressing his frustration regarding an issue he is having after he S. O'Bryant sold a piece of property to the City. Continents Members of AYAS, Emily Ayala, Christine Delgado, Debra Levi, Edgar Ontiveros, Yazmin Rico, and Azusa Youth Shirley Manzo, addressed Council expressing their in favor position to the proposed ordinance regarding Against Smoking prohibiting the sale of tobacco products to a minor, but requested that there be a license fee tax and stricter AYAS penalties to store owners. Mr. Jorge Rosales addressed Council requesting that the city respond to two letters he submitted at the J. Rosales April 19°i public hearing regarding Vulcan mining. He requested that a mechanism for funding be added to Comments the proposed ordinance regarding the sale of tobacco to minors. ' Mr. Dennis Willut addressed Council with comments regarding the following: training for use of rubber D. Willut gloves, senior citizens high taxes and comments made at the meeting of April 19th regarding Vulcan. Comments REPOR'T'S, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Updates/Rpts Moved by Mayor Pro -Tem Gonzales, seconded by Councilmember Carrillo and unanimously* carried to Proc to approve request for proclamation to Ara Severin in celebration of her retirement as a teacher at Lee A. Severin Elementary School. Mayor Roclra talked about the accident and young boy who was injured because lie was not wearing a Rocha bicycle helmet. He reminded all that there has been public outreach where several meetings were held Comments which included parents, teachers at schools and he would like to resurrect the committee. Councilmember Carrillo concurred that there have been tragic accidents and commended the Mayor and Carrillo other service groups who have conducted the public outreach and urged parents to make sure kids have Comments helmets and wear them. He wished a Happy Mother's Day to his Mother and wife Susanna and expressed his appreciation to them and to Mother's everywhere. Mayor Pro -Tem Gonzales congratulated Recreation and Family Services on the successful Cinco De Mayo Gonzales celebration. He requested clarification regarding closed session items due to comments made at the Utility Comments Board. City Attorney Carvalho responded explaining the categories, stating that items for closed session have to fall within those parameters and the information discussed is confidential and against the law to discuss in public. Mr. Gonzales wished all a Happy Mother's Day. ' Mayor Rocha asked about the status of Mr. Rosales' letters lie submitted during the Vulcan Public Hearing Rocha and City Manager Delach responded that they are now a part of the public record. Mayor Rocha asked that Comments the meeting be adjourned in memory of Evarista Cupa. He thanked Fred Marques and all who participated in the Relay For Life. He announced the following: Statistics on Hazardous Waste Roundup held on April 15°; Pony Baseball Opening Day Ceremony at Gladstone Park on May 5'h; Arbor Day celebration May 6"; Pass and Review JROTC and Mariachi De Azusa May 7°; Azusa High School Mattress Fundraiser Sale May 15°i and 16"'; Be a Walker Program on May 8a' at Gladstone Park and on May 9°' yellow ribbons will be placed on all Azusa Servicemen Banners on Azusa Avenue. Councilmember Camillo presented a proclamation to Parks Division for Tree City USA designation for 7th Proc for Tree consecutive year. Director of Recreation and Family Services Jacobs commended Recreation City USA Superintendent Roy Chavez and Urban Forester Ross Montes for their accomplishment. SCHEDULED ITEMS Sched Items APPLICATION FOR AZUSA ROCK MODIFICATION TO CONDITIONAL USE PERMIT C-89-20, Application REVISED RECLAMATION PLAN, DEVELOPMENT AGREEMENT AND ENVIRONMENTAL Azusa RockMo� IMPACT REPORT (EIR), LOCATED AT 3901 FISH CANYON ROAD. APPLICANT: VULCAN Vulcan Material MATERIALS COMPANY City Manager Delach addressed the issue stating that there have been over filly questions regarding the City Mgr EIR, application and calculations done by geologists, and staff has been working on responses. Assistant Comments Director of Economic and Community Development McNamara stated that they have been working with ' consultants and City Attorney on the responses and requested direction from Council. Mayor Rocha advised that due to the amount of information that staff has to prepare in response, he Rocha proposed to direct staff to re -notice the public hearing for May 17°; provide the public with written Comments responses to questions raised as soon as they are completed and release the Development Agreement with changes proposed by the Adlioc Committee, Councilmember Hanks and Mayor Pro -Tem Gonzales. Moved by Mayor Pro -Tem Gonzales, seconded by Councilmember Camillo and unanimously* carried to Re -notice PH direct staff to re -notice the public hearing for May 17°; provide the public with written responses to Vulcan May 17" questions raised as soon as they are completed and release the Development Agreement with changes Provide Written proposed by the Adhoe Committee, Councilmember Hanks and Mayor Pro -Tem Gonzales. Res. & Dev Agr 05/03/111 PAGE THREE PUBLIC HEARING — ON A REQUEST TO AMEND THE CONDITIONS OF APPROVAL FOR THE Pub 1-1rg Amend TARGET RETAIL STORE PROJECT, APPROVED BY THE CITY COUNCIL ON AUGUST 2, 2008. Conditions Target Director Economic and Community Development Christiansen addressed the issue stating that this is an K. Christiansen amendment to Target Store conditions relating to construction hours. He stated that in the past they Comments notified all surrounding neighbors and received only one complaint regarding noise. There are going to be eight pours every two days for the nest three weeks. All neighbors, tenants and owners have been notified within 300 feet of the Target site. He responded the questions posed by Councilmembers regarding notification of neighbors in English and Spanish, stop signs, and parking on San Gabriel. The Mayor declared the hearing open. The City Clerk read the affidavit of proof of publication of notice 1-1rg Open of said hearing published in the Azusa Herald on April 22, 2010. Mr. Ward Archer addressed the Public Hearing questioning why the construction cannot take place later in W. Archer the afternoon instead of so early in the morning. Comment Mr. Jorge Rosales addressed the Public Hearing stating that he hopes the noticing will be sent to the tenants J. Rosales and not only the owners. Continent Moved by Councilmember Carrillo, seconded by Mayor Pro -Tem Gonzales and unanimously" carried to Hrg Closed close the Public Hearing. After additional comments, Councilmember Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING THE CONDITIONS OF APPROVAL FOR DESIGN REVIEW DR -2007-65, THE TARGET DEPARTMENT STORE PROJECT, LOCATED AT 809 N. AZUSA AVENUE, AZUSA, CALIFORNIA. Moved by Councilmember Carrillo, seconded by Mayor Pro Tern Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: CARRILLO, GONZALES, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS, HANKS Mayor Pro -Tem Gonzales offered a Resolution entitled: Res.10-C26, Target Conditions Approval Amend A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, SETTING Res. 10-C27, FORT14AZUSA'S COMMITMENT TO OBESITY PREVENTION. Azusa's Commitment Moved by Mayor Pro -Tem Gonzales, seconded by Councilmember Carrillo to waive further reading and Obesity adopt. Resolution passed and adopted by the following vote of the Council: Prevention AYES: COUNCILMEMBERS: CAR.RILLO, GONZALES, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS, HANKS CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, Consideration AMENDING CHAPTER 46 OF THE AZUSA MUNICIPAL CODE, BY ADDING SECTION 46-322 Ord Prohibit Sale PROHIBITING THE SALE OF TOBACCO PRODUCTS TO A MINOR. Tobacco Minors City Manager Delach addressed the issue slating that staff approached this in the same manner as the City Mgr huffing ordinance. The fines relating to the sale of tobacco products to a person under the age of eighteen Comments are $250 for the first offense, and $500 for each subsequent offense and Police will site minors using tobacco. 'Discussion was bell regarding the proposed ordinance, i.e. enforcement mechanism, retail license, and how Discussion to track the businesses who sell tobacco. It was consensus of Council members to direct staff to look into the feasibility of a retail license. Councilmember Carrillo offered an Ordinance entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, AMENDING CHAPTER 46 I" Rdg Ord OF THE AZUSA MUNICIPAL CODE, BY ADDING SECTION 46-322 PROHIBITING THE SALE OF Prohibiting TOBACCO PRODUCTS TO A MINOR. Sale Tobacco To Minors Moved by Councilnnennber Carrillo, seconded by Mayor Pro -Tenn Gonzales and unanimously* carried to waive firther reading and introduce the proposed ordinance. 05/03/10 PAGE FOUR i ACCEPTANCE OF $240,000 LOS ANGELES COUNTY (RENEW) GRANT FUNDING AND RENEW Grant AUTHORIZATION TO HIRE CONSULTANTS TO SERVE AS INITIATIVE COORDINATORS AND OVERSEE GRANT IMPLEMENTATION. Director of Recreation and Family Service Jacobs provided a power point presentation regarding the Power Point RENEW Grant. Presentation Mayor Pro -Tem Gonzales offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING STAFF TO ENTER INTO A CONTRACT WITH THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH UPON RECEIPT OF A "RENEW" GRANT FROM THAT AGENCY FOR THE DEVELOPMENT OF THE HEALTHY ENVIRONMENTS IN AZUSA RENEWING TOGETHER (HEART) PROGRAM. Moved by Mayor Pro -Tem Gonzales, seconded by Councilmember Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of (lie Council: AYES: COUNCILMEMBERS: CARRILLO, GONZALES, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS. HANKS Res. 10-C28 Contract w/ Los Angeles Co. Dept of Health RENEW Grant The Resolution accepts $240,000 in Los Angeles County Renewing Environment for Nutrition, Exercise Purpose of and Wellness (RENEW) Grant Funding and authorizes staff to hire Ms. Miki Carpenter and the Azusa Resolution Pacific University School of Nursing—Neighborhood Wellness Center as consultants, serve as Initiative Coordinators, and oversee grant implementation for a two year period ending March 18, 2012. The CONSENT CALENDAR consisting of Items D-1 through D-8 was approved by motion of Consent Calendar Councilmember Carrillo, seconded by Mayor Pro -Tem Gonzales and unanimously* carried. Item D-6, was D1 — D-8 removed from the Agenda by staff. D-6 Rmvd 1. The minutes of the regular meeting of April 19, 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. Bertelsen, C. Grant, L Gascar, and S. Items Gonzalez. Flexible Staffing Promotion: M. Gomez-Villegas, Customer Service Representative 11, effective 01/01/2010. New Appointment: J. Lehr, Assistant Director of Resource Management. Promotion: F. Langit, Jr. Assistant Director of Electric Operations. 3. The City Treasurer's Report as of March 31, 2010, was received and filed. Tress Rpt 4. Approval was given to accept the 2009 JAG grant funds in the amount of $21,394.91 to be used for JAG Grant the purchase of Mobile Digital Video Cameras for use in police vehicles. Funds 5. Approval was given for an increase of $30,000 to Blanket Purchase Order No.1010711 to Los Inc Blanket Angeles County Superior Court due to increased court surcharges, revising the total to $95,000. P.O. 6. A TWO-YEAR EXTENSION OF THE EXPIRATION DATE FOR THE APPROVED DESIGN REMOVED REVIEW DR 2007-43 FOR THE 700 BLOCK OF DALTON AVENUE. APPLICANT: CITY OF FROM AZUSA REDEVELOPMENT AGENCY. REMOVED FROM THE AGENDA. AGENDA 7. In accordance with Section 2-525(6) of the Azusa Municipal Code, approval of the disposal of two Disposal of (2) surplus Para -transit vehicles, one (1) surplus Ford F-150 Pick-up Truck, two (2) surplus Ford Surplus Crown Victoria Police Interceptors, and other miscellaneous items was approved. Vehicles 8. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 10-C29 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. JOINT CITY/AGENCY AGENDA ITEM Jut City/CRA AUTHORIZE THE CITY MANAGER/EXECUTIVE DIRECTOR TO NEGOTIATE AN AMENDMENT Amendment TO THE 2006 STATUTORY AND DEVELOPMENT AGREEMENT AND OWNER PARTICIPATION 2006 AGREEMENT WITH JAR -UNIVERSITY COMMONS, LLC TO ALLOW A 3 -YEAR DEFERMENT Statutory Agtnt OF THE ANNUAL DEVELOPER PAYMENTS RELATED TO LOCAL SALES TAX FEES. 05/03/10 PAGE FIVE i Moved by Councilmember/Director Carrillo, seconded by Mayor Pro-Tem/Director Gonzales and Approved unanimously* carried to authorize the City Manger/Executive Director to negotiate and execute an w/JAR- amendment to the 2006 Statutory and Development Agreement and Owner Participation Agreement University between the Redevelopment Agency of the City of Azusa, the City of Azusa and JAR — University Commons Commons, LLC to defer annual developer payments associated with local sales tax fees for a period of three years. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT CRA convened 9:51 P.M. THE CITY COUNCIL RECONVENED AT 10:02 P.M. TILE CITY COUNCIL Cncl reconvened RECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY CONVENED AT 10:02. APFA convened THE CITY COUNCIL RECONVENED AT 10:03 P.M. Cncl reconvened The City Council recessed back into Closed Session at 10:04 p.m. and reconvened at 10:40 p.m. There was Closed Session no reportable action taken in Closed Session. No Reports It was consensus of Council to adjourn in memory of Evarista Cups. TIME OF ADJOURNMENT: 10:41 P.M. NEXT RESOLUTION NO. 2010-C30. NEXT ORDINANCE NO. 2010-04. *Indicates Macias and Hanks absent. 05/113/10 PAGE SIX Adjourn in Memory of Evarista Cupa