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Home My WebLink AboutMinutes - September 7, 2010 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 7, 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 Recreation and Family Services Program Coordinator Adrian Martinez presented a check in the amount of Check ALIS . $1,000 to Azusa High School Golf Team and Coaches, courtesy of their efforts at the Kids Come First Golf Golf Team Tournament. CLOSED SESSION Closed Session Mr. Jorge Rosales addressed the Closed Session portion of the agenda requesting clarification on Real J. Rosales Property Negotiations items a and c, and the two loans for 11 Forno and the Talley Building. Continents The City Council recessed to Closed Session at 6:40 p.m. ' I. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: Administrative Services Director -Chief Financial Officer Kreimeier Organizations AMMA, SEM, APOA, APMA and ACEA 2. 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. 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 b. NEC AZUSA/ARROW SITE Address: 17511 E. Arrow Hwy, Azusa, CA 91702 Negotiator: Fowler Family Trust Address: 17525 E. Arrow Hwy Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency c. BLOCK 36 Address: Agency Negotiators: Negotiating Parties: ' Address: Agency Negotiators: Negotiating Parties: 100 E. Foothill Boulevard, Azusa, CA 91702 614 — 640 N. Azusa Avenue, Azusa, CA 91702 City Manager Delach and Assistant City Manager Makshanoff City of Azusa and City of Azusa Redevelopment Agency 152 E. Foothill Boulevard, Azusa, CA 91702 City Manager Delach and Assistant City Manager Makshanoff Bank of America & City of Azusa Redevelopment Agency 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code See. 54957) Title: City Manager 4. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION (Gov. Code Sec. 54956.9(e)) One Case of Potential Litigation: Based on existing facts and circumstances, the City will discuss whether to initiate litigation in relation to loan agreements regarding the Talley Building. Conf w/labor Negotiators Real Prop Negotiations Enterprise Prop Azusa/Arrow Site Block 36 Pub Emp Evalt Conf w/legal Cnsl Potential Litigation The City Council reconvened at 7:36 p.m. The City Attorney advised that with regard to the Public City Attorney Employee Performance Evaluation — City Manager, Council will hold a Special Meeting on Monday, Close Sess Rpt September 13, 2010 regarding the issue, and with regard to Conference with Legal Counsel Potential Litigation, the City Council decided not to pursue litigation on that matter. The Labor Negotiations matter will be discussed in Closed Session at the end of the City Council Meeting. Mayor Rocha called the meeting to order. Call to Order Zachary Urquhart led in the salute to the Flag. -Flag Salute Councilmember Keith Hanks gave the Invocation. There was a moment of silence in honor of the victims Invocation ' of September I Iih. K. Hanks ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Detach, Assistant City Manager Makshanoff, Police Chief Garcia, Director of Public Works Haes, Economic and Community Development Director Christiansen, Administrative Services Director -Chief Financial Officer Kreimeier, Director of Recreation and Family Services Jacobs, Assistant Director of Water Operations Anderson, Assistant Director of Economic and Community Development McNamara, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr. Mike Lee commented on the following: Concerts in the Park, VFW Fundraiser, Labor Unions, Kool M. Lee Cuts for Kids Program, and asked for clarification on Vulcan Referendum. Comments Mr. Lynn Eaton addressed Council regarding his encounter with Vulcan Referendum petitioner. L. Eaton Mr. Walter Schaub of Shepherds Pantry addressed Council inviting all to a fundraiser to be held on W. Schaub ' September 18, 2010, at the Masonic Lodge in Glendora. Comments Ms. Stephanie Jerome, Ms. Chavez and Ms. Marissa Sanchez, addressed Council Students ANIS ncil requesting Cheer donations to sponsor them in Azusa High Cheer. Mr. Joe Guarrera announced that the new Mayor and Governor of Zacatecas, Azusa's Sister City, will be J. Guarrera installed on October 13, 2010 and requested a letter of congratulations from the Council and Sister City. Comments He expressed his concern regarding the possible relocation of the Sister City House and the Historical Museum, and possible closure of Alameda and Dalton at the Railroad Tracks. He referred to the Public Resource Code and the Public Park Preservation Act which lie notes that no park can be removed without replacing it with park land. Mr. William Mairs, Assistant Regional Administrator of Los Angeles County Department of Children and W. Mairs Family Services presented the Chief of Police Robert Garcia with a plaque in appreciation of the Police Present PD Department working relationship with the Department. Mr. Daniel Meza addressed Council expressing his concerns regarding false advertisement in mailers D. Meza received regarding Vulcan Mining. Comment Ms. Blanch Weir addressed Council expressing tier opinion in favor of their vote regarding Vulcan Mining B. Weir decision and also reminded all that there is an opening in the Architectural Barriers Commission. Continents Mr. Jorge Rosales requested clarification on item D-8, advance for service. He addressed D-9 MOD with J• Rosales Foothill Transit asking why the parking study performed by the City wasn't considered. He noted that it is Comments ' against the law to take park land and not replace it. He commended the City for putting out an RFP for a mining consultant. Ms. Jeri Vogel, President of Azusa Against Mining Expansion, addressed Council expressing tier concern J. Vogel regarding flyers that have bee circulating regarding Vulcan mining. Comments Ms. Napah Phyakul Quach and Mr. Scott Bledsoe of the Human Relations Commission invited all to the N. Quach Lead In Harmony Conference for Azusa students to be field on October 13°i at the Upper Turner Campus at S. Bledsoe Azusa Pacific University. The event is sponsored by Azusa Unified School District, Azusa Rotary and Comments Azusa Human Relations commission and the cost will be $25; she invited the public to become a sponsor by providing $25 for a student to attend. 09/07/10 PAGE TWO Ms. Jennie Avila addressed Council and thanked staff for providing shading at the Senior Center patio. As J. Avila President of Friends of the Library she announced that California Burgers will be helping with a fundraiser Continents on September 9, 2010 where 20% of sales will go towards the Friends; she invited all to attend. Mr. Ian Scott addressed Council expressing his concern regarding item D-12, RFP for Mining Consultant 1. Scott and provided other information regarding the project. Comments Mr. Antonio Tapia addressed Council with concerns regarding graffiti in the neighborhoods on Lee School, A. Tapia sidewalks, streets and public buildings. He also talked about dirty streets and loud music and his efforts to .Comments report them to the Police Department. ' Ms. Peggy Martinez addressed Council expressing her concern with the removal of park use, the four story P. Martinez parking structure in front of the Police Department, and the taking of two historical buildings. She Comments suggested a new Citizens Congress be formed to allow citizens to plan the future of the city. Ms. Barbara Dickerson addressed Council commending the Police Department for patrolling the area of B. Dickerson Atlantis Gardens but expressed concern regarding empty buildings. She also talked about the Azusa Comments Pacific University scholarships and thanked the City Council for recognizing graduates and plans for their future. Mr. John Armstrong for Lindley Fire Protection addressed Council with concerns regarding a construction J. Armstrong project entitled Mortech Expansion Project at Aerojet Avenue and Optical Dr. and requested Council to Comments intervene between Light and Water Staff and their company. Mr. Richard Deem addressed Council expressing his opinion regarding the Vulcan Development R. Deem Agreement. Comments Ms. Martha Villanueva addressed Council thanked all the residents who signed the referendum petitions M. Villanueva and asked that a new Citizens Congress, be created. Continent s City Clerk Vera Mendoza read a letter into the record from Jeffrey Cornejo, President of the Cultural and City Clerk Historical Preservation Commission, voicing the commission's opposition to (lie relocation of the Durrell Read letter and Barnes House, to the proposed four story parking structure, against any dimensioning of public parks, J. Cornejo and the closure of Dalton Avenue near the Sister City Clubhouse and Senior Center parking Lot.. ' Staff responded to questions position regarding the referendum, street closures, Gateway advance money, Staff Response graffiti removal, noise from ice cream trucks, empty structures in Atlantis Gardens, and APA Standard Testing Procedures. REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Updates/Rpts Chief Financial Officer Kreimeier provided a report on the Current Revenue Forecast stating that lie A. Kreinreier received the 2010 Assessed Valuation numbers from the County Auditor Controller and a report form Comments HDL, sales tax consultant, which show property lax down by 8.45 %; lie detailed the reasons for the reduction. He also talked about sales tax activity up 5%; lie detailed information regarding sales taxes. Mayor Pro -Tem Gonzales thanked all involved in Kool Cuts event and requested certificates be presented Gonzales to the hair cutlers; he provided an update on the success of the event. He invited all to attend the Golden Comments Days Celebrity Softball game on Sunday, October 3d at Gladstone Park Field of Dreams at 6:00 p.m. lie asked City Attorney for an explanation of the effects of the referendum against the ordinance regarding Vulcan Mining and she responded that it will only affect the Development Agreement and will not stop the mining. Councilmember Hanks thanked Mayor Rocha for reminding all to fly the American Flags on September Hanks I l"' in honor of the victims. He welcomed friends Carl and Kalanri Fonoimoana on their recent visit to Comments Azusa. Councilmember Macias thanked staff for the success for Concerts in the Park, requested that staff contact Macias Cal Trans (o see if they can access on and off ramps that contain graffiti in order to remove it. Comments Councilmember Carrillo noted that Council has never been in favor of closing Dalton Avenue, but (bis may Carrillo be over ruled. He talked about the success of Concerts in the Park. Comments Mayor Rocha announced the following: Be a Walker Program at Northside Park on 9/11/1 Oat 9:30 a.m., Rocha Azusa Day at the Fair 9/17/10, the $5 before 5 p.m. discount, local heroes are Ricky Sotela and Thomas Comments Gonzales, financial assistance call 211 for more information and discussion was held regarding the closure of ditch through Sierra Madre and easements. He asked about the feasibility of obtaining an easement to access and clean up areas in railroad tracks; Director of Public Works/Assistant City Manager Haes responded that he would look into the matter. Councilmember Hanks advised that Gold Line has seminars regarding entrance for being on the railway right a way. 09/07/10 PAGE TIIREE SCHEDULE]) ITEMS Sched Items PUBLIC HEARING — ON ANNUAL METROPOLITAN TRANSPORTATION AUTHORITY (MTA) Pub Hrg CONGESTION MANAGEMENT PROGRAM (CMP) LOCAL DEVELOPMENT REPORT. CMP The Mayor declared the Hearing open. City Clerk read proof of publication of notice of said hearing Hrg open. published in the Azusa Herald on August 24, 2010. Testimony was solicited, but none was received. No testimony Moved by Councilmember Carrillo, seconded by Mayor Pro -Tem Gonzales and unanimously carried to ,.Hrg Clsd close the Public Hearing. 2. Ill 1JMAN RESOURCES ACTION ITEMS. HR Action Iten Human Resources Action Items were approved as follows: Merit Increase and/or Regular Appointment: J. Momot, R. Chivas, M. Moore, 1. DelToro, and H. Gonzalez. New Appointment: C. Eads, Police Officer. 3. City Treasurer's Report as of June 30, 2010 was received and filed. Treas Rpt June 4. City Treasurer's Report as of July 31, 2010 was received and filed. Treas Rpt July 5. SPECIAL CALL ITEM. Spec Call 6. SPECIAL CALL ITEM. Spec Call 7. Approval, was given for Amendment I to the Communications Site License Agreement between Coin Lie the City of Azusa and Towerco Assets, LLC for the operation of a cellular communications tower Agreement adjacent to the West Wing of City Hall. Towerco 8. Authorization was given to Staff to do the following: (A) Utilize Prop C funds to spend ahead of the Prop C Funds grant allocation for the Azusa Avenue/I-210 Gateway Project; (B) Solicit Request for Qualifications RFQ Gateway (RFQ) for professional landscape architectural/design services. Project 9. SPECIAL CALL ITEM. Spec Call 10. Notice of Completion for the following project was approved and staff was authorized to file the NOC Notice of Completion with the Los Angeles County Clerk: Citrus Avenue and Mauna Loa Drive" Citrus & Maui Traffic Signal and Communication Project No. 66109E— $92,965.02 — Christopher R. Morales, Inc., Loa Traffic Si San Dimas, CA 91773. 119/07/10 PAGE FOUR Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, FINDING THE Res. 10-051 CITY TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) Adopting AND ADOPTING THE 2010 CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CMP CALIFORNIA GOVERNMENT CODE SECTION 65089. Moved by Councilmember Macias, seconded by Mayor Pro -Tem 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 CONSIDERATION OF SETTING A DATE FOR CITY BOARD AND COMMISSION INTERVIEWS Bid & Com Int AND ACCEPTANCE OF LA'Z'E APPLICATIONS FROM INCUMBENTS. Date It was consensus of Councilmembers to set date for City Board and Commission interviews for September 22 Wednesday, September 22, 2010, at 6:00 p.m. and that late applications submitted to this dale, be accepted. Apps accepted The CONSENT CALENDAR consisting of Items D -I through D-16 was approved by motion of Consent Calend Councilmember Hanks, seconded by Mayor Pro -Tem Gonzales and unanimously carried with the D1 —D-16 D-5 exception of items D-5, D-6, D-9 and D-12, which were considered under the Special Call portion of the 6,9&12 Spec Agenda. Call 1. The minutes of (lie regular meeting of July 19, 2010 and the Special meetings of June 1, 14, 28 and July 26, 2010, were approved as written. Councilmember Macias abstained from July 26°i meeting Min appvd as he was absent. 2. Ill 1JMAN RESOURCES ACTION ITEMS. HR Action Iten Human Resources Action Items were approved as follows: Merit Increase and/or Regular Appointment: J. Momot, R. Chivas, M. Moore, 1. DelToro, and H. Gonzalez. New Appointment: C. Eads, Police Officer. 3. City Treasurer's Report as of June 30, 2010 was received and filed. Treas Rpt June 4. City Treasurer's Report as of July 31, 2010 was received and filed. Treas Rpt July 5. SPECIAL CALL ITEM. Spec Call 6. SPECIAL CALL ITEM. Spec Call 7. Approval, was given for Amendment I to the Communications Site License Agreement between Coin Lie the City of Azusa and Towerco Assets, LLC for the operation of a cellular communications tower Agreement adjacent to the West Wing of City Hall. Towerco 8. Authorization was given to Staff to do the following: (A) Utilize Prop C funds to spend ahead of the Prop C Funds grant allocation for the Azusa Avenue/I-210 Gateway Project; (B) Solicit Request for Qualifications RFQ Gateway (RFQ) for professional landscape architectural/design services. Project 9. SPECIAL CALL ITEM. Spec Call 10. Notice of Completion for the following project was approved and staff was authorized to file the NOC Notice of Completion with the Los Angeles County Clerk: Citrus Avenue and Mauna Loa Drive" Citrus & Maui Traffic Signal and Communication Project No. 66109E— $92,965.02 — Christopher R. Morales, Inc., Loa Traffic Si San Dimas, CA 91773. 119/07/10 PAGE FOUR I L 1 1. Approval was given for the extension of the Use/Lease Agreement with Azusa Pacific University for Lease Agnrt the Slauson Park Community Pool/Azusa Aquatics Center from September 7, 2010 — April 22, APU - Pool 2011. 12. SPECIAL CALL ITEM. Spec Call 13,. Approval was given for the purchase of one 2010 Ford Ranger 4x2 Supereab truck from Wondries Purchase Fleet Group, 1247 W. Main Street, P.O. Box 3850 Alhambra, CA 91801 in an amount not to exceed Truck PD $17,517.17 and approve the purchase of this budgeted vehicle based on the competitive bid process.. completed by the County of Los Angeles, under which these vehicles are available, P.O.#AW- 10321561-I, per Azusa Municipal Code Section 2-253(E). 14. Approval was given for the Police Department's purchase of budgeted annual firearms training and Pur Training duty ammunition. Firearms/amnu 15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF APPROVING A GRANT AGREEMENT WITH THE CALIFORNIA SAFETY (OTS) FOR THE "DUI ENFORCEMENT AND HIGH PROGRAM," PROJECT #AL 1158. 16. The following resolution was adopted and entitled: AZUSA, CALIFORNIA, Res. 10-052 OFFICE OF TRAFFIC OTS Grant SCHOOL EDUCATION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ' SPECIAL CALL ITEMS CONSIDERATION OF FARMER'S MARKET AT BLOCK 36. Res. 10-053 Warrants Special Call Ito Farmer's Mkt Director of Public Works/Assistant City Manager Haes responded to question stating that the report is Haes asking for approval of having Saturday morning Fanner's Market at i I a.m. at the Block 36 and then Response negotiate a contract with FFPI. Moved by Councilmember Carrillo, seconded by Councilmember hanks and unanimously carried to Fanner's Mkt approve a Fanner's Market event at Block 36 with Family Festival Productions Inc. (FFPI). (@Block 36 C1P #66110H7 TARGET PEDESTRIAN IMPROVEMENTS PROJECT: APPROVAL OF CHANGE Target Chang( I ORDER #2. Order #@ Mayor Pro -Tem Gonzales expressed concern regarding the street lighting for foot traffic at the Target site; Gonzales Director of Public Works/Assistant City Manager Haes responded that he would look into (lie matter. Lighting Councilmember Hanks asked if Target would be accommodating scooters; staff responded yes. Moved by Mayor Pro -Tem Gonzales, seconded by Councilmember Carrillo and unanimously carried to approve Change Order #2 in the amount of $93,201.32 authorizing additional street resurfacing along Ninth Street and San Gabriel Avenue. AUTHORIZATION TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND FOOTHILL TRANSIT TO PROVIDE DIRECTION FOR THE DEVELOPMENT OF A PARK AND RIDE FACILITY. Change Order I Approved MOU Foothill Trans Lengthy discussion was held regarding the MOU with Foothill Transit, senior and staff parking, a proposed -item supermarket site, and discussions with Historical Cotmnission regarding moving museum and Sister City Tabled house. Moved by Councilmember Macias, seconded by Mayor Pro -Tem Gonzales and carried to table the item. Councilmember Hanks advised that lie would be abstaining from voting as he is a member of Foothill Transit Authority Board. AUTHORIZATION FOR A REQUEST FOR PROPOSALS (RFP) FOR A MINING CONSULTANT RPP Mining FOR VARIOUS REVIEWS ASSOCIATED WITH SMARA(SURFACE MINING AND Consultant RECLAMATION ACT) COMPLIANCE Assistant Director of Economic and Community Development McNamara responded to question posed stating that the selection committee criteria is not defined yet, but, normally high ranking members of City Staff such as Administration, Economic and Community Development, Building and Safety and Engineering make up the committee and all interaction with Consultant will be with the City, all arrangement will be with the City and staff will request reimbursement from the applicant. Moved by Mayor Pro -Tem Gonzales, seconded by Councilmember Hanks and unanimously carried to authorize staff to circulate a Request for Proposals (RFP) to provide consultant services for various reviews and activities associated with the California State Surface Mining and Reclamation Act in the City of Azusa, as well as biennial monitoring of Azusa Rock Conditions of Approval. 09/07/10 PAGE FIVE C. McNamara Comments Mining Consi Approved RF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED JOINTLY AT Cncl/CRA 10:20 P.M. TO ADDRESS THE FOLLOWING ITEMS: Convene Judy JOINT PUBLIC HEARING - CONSIDERATION OF THE FIRST AMENDMENT TO THE Joint Pub Hrg STATUTORY DEVELOPMENT AGREEMENT AND OWNER PARTICIPATION AGREEMENT FOR Continued THE CITRUS CROSSING PROJECT LOCATED AT THE SOUTHWEST CORNER OF ALOSTA To 9/20/10 AVENUE AND CITRUS AVENUE. Moved by Councilmember/Director Hanks/seconded by Mayor Pro-Tem/Director Gonzales and .. unanimously carried to continue the Public Hearing to the meeting of September 20, 2010. APPROVE THE CON'T'RACT FOR FISCAL YEAR 2010/11 WITH THE AZUSA CHAMBER OF ChamberAgmt COMMERCE. Approved Moved by Councilmember/Director Hanks, seconded by Councilmember/Director Carrillo and Approved unanimously carried to authorize staff to finalize and execute the Agreement regarding Chamber of Commerce Funding and Support between the City/Agency of Azusa and the Azusa Chamber of Commerce for Fiscal Year 2010/11. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT Cncl Recessed 10:40 P.M. THE AZUSA PUBLIC FINANCING AUTHORITY CONVENED AT 10:47. CITY Cncl Reconvene COUNCIL RECONVENED AT 10:48 P.M. It was consensus of Councilmembers to adjourn in memory of Mr. Leonard C. Rodriguez, a life time Adjourn in resident of Azusa, and Mr. Ray Pier, WWII veteran and lifetime resident of Azusa. Memory L. Rodriguez & R. Pier TIME OF ADJOURNMENT: 10:49 P.M. CITY CLERK NEXT RESOLUTION NO. 2010-054. NEXT ORDINANCE NO. 2010-06. 09/07/10 PAGE. SIX