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HomeMy WebLinkAboutMinutes - August 18, 2011 - CC, Special Meeting1 1 1 CITY OF AZUSA MINUTES OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY SPECIAL MEETING MONDAY, AUGUST 18, 2011 — 6:31 P.M. The City Council and the Redevelopment Agency of the City of Azusa met in special session at the above date and time in the Azusa Auditorium located at 213 E. Foothill Boulevard, Azusa. Mayor/Chairman Rocha called the meeting to order. ROLL CALL PRESENT: COUNCILMEMBERS/DIRECTORS: GONZALES, CARRILLO, HANKS, MACIAS, ROCHA ABSENT: COUNCILMEMBERS/DIRECTORS: NONE ALSO PRESENT: City Attorney/General Counsel Raymond, City Manager/Executive Director Delach, Assistant City Manager/Assistant Executive Director Makshanoff, Deputy Executive Director Christiansen, Captain Momot, City Clerk/Secretary Mendoza, Deputy City Clerk/Deputy Secretary Toscano. Captain Momot led in the salute to the Flag. PUBLIC PARTICIPATION Call to Order Roll Call Also Present Flag Salute Pub Part Mr. Mike Lee addressed the Agency Directors regarding the redevelopment Resolution approving M. Lee Enforceable Obligation Payment Schedule, expressing his disappointment in Senator Ed Hernandez and Comments Assemblyman Roger Hernandez who voted to take money away from cities when the voters voted not to take redevelopment money. He talked about all the people who have given their lives for the vote. Mr. Jorge Rosales addressed Agency Directors regarding the resolution approving Enforceable Obligation J. Rosales Payment Schedule and asked if the total debt or obligation include principle and interest, if annual Comments payments include interest and about the Agency's annual revenue. Mr. Art Morales addressed Agency Directors regarding the resolution approving Enforceable Obligation A. Morales Payment Schedule expressing his disappointment in Senator Ed Hernandez and Assemblyman Roger Comments Hernandez stating that they are not performing their job as promised. City Manager Delach responded to questions posed stating that the total debt reported on the spread sheet City Mgr have included estimates with interest, the revised sheet includes legal services, that the total debt is Response included, and will get response to other question. REDEVELOPMENT AGENCY RESOLUTION APPROVING ENFORCEABLE OBLIGATION PAYMENT SCHEDULE General Counsel Raymond stated that due to the fact that the Chairman and four Directors own real property within 500 feet of the boundaries ofthe Redevelopment Plan there is a need to invoke the rule of necessity. This is when the participation of Council Members is legally required in order to make a decision. The proposed Resolution requires that three (3) Directors vote. Directors to vote on the item were determined by a selection process using playing cards. Director Gonzales, Chairman Rocha and Director Macias were selected to vote on the item. Deputy Executive Director Christiansen addressed the item stating that the Enforceable Obligation Payment Schedule is pursuant to Assembly Bill I X26 and the proposed action will allow the Agency to continue to meet existing obligations until the California Supreme Court determines the legality of Assembly Bill 1X26 and Assembly Bill 1X27. He detailed the issue noting that it is a revised schedule, stating it needs to be adopted by August 26, 2011, and responded to questions pose by Directors. Agency Item Reso EOPS Councilmembers Selected to vote Due to a Conflict Of Interest K. Christiansen Comments 7 LJ Director Macias offered a Resolution entitled: A RESOLUTION OF THE CITY OF AZUSA REDEVELOPMENT AGENCY APPROVING AND ADOPTING AN ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT TO AB 1 X26. Moved by Director Macias, seconded by Director Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES, MACIAS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE ABSTAIN: DIRECTORS: CARRILLO, HANKS THE REDEVELOPMENT AGENCY ADJOURNED AT 6:56 P.M. AND THE CITY COUNCIL CONVENED AT 6:56 P.M. CLOSED SESSION Mr. Edward Kotkin addressed Council stating that he will be representing the City on the following Closed Session item and that Mayor Pro -Tem Hanks will not be participating as he has a financial interest. The City Council recessed to Closed Session at 6:58 p.m. to discuss the following: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Pursuant to California Government Code, Section 54956.9(b). One Potential Case: Opposition to Request for Leave to File Suit Quo Warranto Proceeding (Opinion Request No. 11-801): Relators - George Brokate, Excalibur Holdings, LLC. Reconvened: 7:33 p.m. City Attorney Raymond advised that there was no reportable action taken in Closed Session It was consensus of the Council Members to adjourn. TIME ADJOURNMENT: 7:34 P.M. NEXT RESOLUTION NO. 11-C60. (City) NEXT RESOLUTION NO. 11-1135. (Agency) 08/18/11 PAGE TWO Res. II -R34 EOPS "Enforceable Obligation Payment Schedule CRA Adjourned Cncl Convened Closed Session E. Kotkin Attorney Recess to Closed Session Relators George Brokate & Excalibur Holdings, LLC Reconvened No Reportable Action Adjourn