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HomeMy WebLinkAboutMinutes - October 3, 2011 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 3,2011 — 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 Mr. Jesse Alva was not in attendance to receive the proclamation honoring him for services as a Planning J. Alva Commissioner. Not Present The City Council presented a presentation to Mr. Nick Rosales in appreciation of his services as an N. Rosales Architectural Barriers Commissioner. Proc presented The City Council presented Certificates of Appreciation to sponsors of the Azusa City Library "2011 One Cert of Apprec World, Many Stories Summer Reading Program". Sponsors SRP CLOSED SESSION Closed Session ,Mr. Art Morales addressed Council regarding item 2, stating that he hopes things get resolved between the A. Morales City of Irwindale and City of Azusa in order to move ahead with the project. Comments Mr. Jorge Rosales addressed Council regarding item 2, stating that in speaking with the staff of Irwindale J. Rosales he found that there was a lack of communication between the two cities, as well as with the city of Duarte. Comments The City Council recessed to Closed Session at 6:50 p.m. to discuss the following: CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov. Code See. Conf w/Legal 54956.9(b)). One Potential Case: Opposition to Request for Leave to File Suit Quo Warranto Proceeding Cnsl Excalibur (Opinion Request No. 11-801): Relators - George Brokate, Excalibur Holdings, LLC. Holdings, LLC CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code See. 54956.9 Conf w/Legal Gale Banks Engineering vs. City of Azusa, Los Angeles Superior Court, Case No. BS 133253 and Cnsl City of City of Irwindale vs. City of Azusa, Los Angeles Superior Court, Case No. BS 132946. Irwindale The City Council reconvened at 7:30 p.m. City Attorney Carvalho advised that with regard to item I of Cncl revnd Closed Session City Council has authorized payment of Special Counsel in the amount of just under Reportable $13,000, and that from a Special Meeting previously held, City Manager was authorized to execute a Action was contract, within his purchasing authority, in the amount of $23,000 for a Professional Recruiter for the noted City Manager search. There was no reportable action taken for item 2. ,Mayor Rocha called the meeting to order. Call to Order Mrs. Audrey Lohr led the pledge to the Flag. 0Flag Salute Invocation was given by Pastor Daniel Simonson of Christbridge Immanuel Church ROLL CALL PRESENT: COUNCILMEMBERS: ROCHA ABSENT: COUNCILMEMBERS: NONE GONZALES, CARRILLO, MACIAS, HANKS, Invocation Roll Call Also Present City Attorney Carvalho, Assistant City Manager Makshanoff, Police Chief Garcia, Director of Economic and Community Development Christiansen, Director of Utilities Morrow, Public Information Officer Quiroz, Administrative Services Director -Chief Financial Officer Kreimeier, Revenue Supervisor Cawte, Assistant Director of Economic and Community Development McNamara, Senior Planner Cole, Assistant Library Director Strege, Senior Librarian Youth Services Hassen, City Clerk Mendoza, Deputy City Clerk Toscano. Pub Part PUBLIC PARTICIPATION J. Comejo Golden Days Golden Days Chairman Jeffrey Comejo addressed Council formally introducing the Civic Grand Marshall Ray Boyer, and reminded all of the upcoming Golden Days Events: Taste of the Town, Tamale Dinner, Bingo, Steak Fry, Breakfast on Saturday, and the Parade. A. Morales Comments Mr. Art Morales addressed Council stating that the Council Chambers remodel is very professional. He questioned replacing the band shell, former Mayor Harry Jumper's Memorial Plaque at Memorial Park, bleachers back at Slauson Park, and Rocks in front of CVS with the Azusa Sign. Speakers Prop Park & The following persons spoke against a Park and Ride structure on Alameda in the City of Azusa: Art Ride Structure Morales, Peggy Martinez, Joe Guarrera, Jorge Rosales, Madelyn Payne, Ron Lohr, Audrey Lohr, and Jeri Vogel. Several questions were asked regarding the proposed project. J. Avila Comments Mrs. Jennie Avila addressed Council thanking them for the great time, accolades, flowers and awards she received as Community Hero for Azusa at the Fair. She thanked Council for the Citylinks program that cleared out her yard among other things. She advised that the Museum has a book for Veterans to sign. S. Mills Comments Ms. Stephanie Mills addressed Council expressing her opinion regarding correspondence she received relating to a Councilmember and a member of the community; she talked about freedom of speech. M. Smith Comments Mr. Mark Smith addressed Council regarding the importance of freedom of speech referencing a letter received by Mr. Lee and submitted the correspondence into the record. B. Knoles Comments Mr. Bruce Knoles addressed Council reciting a letter on the difference between a boss and leader and asked Council how they regarded themselves. Assist City Mgr Comment Assistant City Manager Makshanoff stated that Staff would review notes and meeting video in order to insure questions are responded to accurately and will provide responses at the next Council Meeting. Rpts, Updates REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Hanks Comments Mayor Pro -Tem Hanks wished all a joyful Golden Days celebration, and provided an update on the Gold Line stating that all three of the foundations structures for the iconic freeway bridge have been drilled and two have been poured; he detailed the process. Gonzales Comments Councilmember Gonzales restated that this is Golden Days week filled with wonderful events, for further information or complete listings go to www.azusa.goldendays.org. Macias Comments Councilmember Macias thanked Chairman Jeffrey Cornejo and the Golden Days Committee for hard work they put into the event planning and that he's looking forward to the events and parade. Carrillo Comments Councilmember Carrillo congratulated Jennie Avila and Angel Maldonado on being honored as Community Hero's at the Fair. He announced the Golden Days Events, i.e. Taste of the Town, Tamale Dinner, Bingo, Sister City Steak Fry and Parade. He responded to comments made regarding his position on Foothill Transit Park and Ride reminding everyone that this is only a concept that he is in support of, but he is still open to review and re -consider additional information. Rocha Comments Mayor Rocha stated that the meeting will be adjourned in memory of Patricia J. Christiansen. He congratulated Jennie Avila and Angel Maldonado for being Azusa Community Heros, thanked the Golden Days Committee for their work, announced that he made first place in his age category for the 5K nm/walk on Sunday, and asked all to keep in prayer servicemen and women. Sched Items SCHEDULED ITEMS Pub Hrg Code Amend PUBLIC HEARING CODE AMENDMENT NUMBER 233 - A CITY INITIATED REQUEST TO #233 Dev Code AMEND VARIOUS SECTIONS OF CHAPTER 88 "DEVELOPMENT CODE MARCH 2005" (2005 Clean Up CODE) OF THE CITY OF AZUSA MUNICIPAL CODE REGARDING TATTOO/BODY PIERCING USES FIREARM SALES FRONTAGE TYPE REQUIREMENTS PARKING RELIEF, MATERIAL RECOVERY/RECYCLING FACILITIES. 10/03/11 PAGE TWO Senior Planner Cole presented the 2011 Code Clean-up to make minor amendments to the Development S. Cole Code as follows: TattooBody Piercing, Retail Sales— Firearm Sales, Recycling Facility- Large Collection, Comments Design Guidelines and Parking Variances. She stated that there is currently a moratorium on Tattoo and Body Piercing Establishment, the Amendment would add additional standards for Tattoo and Body Piercing Establishments, limit the location of any new establishments, and require a Use Permit for any new applications, the Use Permit would allow the Planning Commission to impose new conditions of approval. Retail Firearm Sales will require that a Use Permit be applied for and approved by the Planning Commission. Recycling and Material Recovery Facilities would be changed to include large collection facilities with proposed additional standards and a requirement for a Minor Use Permit, the definition was added as well as other standards that would apply to processing facilities. The Architectural Standards of the Development Code would be modified to allow a shop front design. With regard to Parking Reductions the process for application was changed from a Use Permit to a Variance. She responded to questions posed, and discussion was held regarding firearm sales. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of said Hrg Open Hearing published in the San Gabriel Valley Tribune on September 23, 2011. Mr. Art Morales addressed the Hearing stating that there should be a code section to prohibit the sale of A. Morales ammunition one week before New Years Eve. Comments Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried to Hrg Closed close the Public Hearing. Mayor Pro -Tern Hanks offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING I" Rdg Ord AMENDMENTS TO CHAPTER 88 -DEVELOPMENT CODE OF THE CITY OF AZUSA MUNICIPAL Dev Code CODE. Amendments Introduced Moved by Mayor Pro -Tem Hanks seconded by Councilmember Macias and unanimously carried to waive further reading and introduce the proposed ordinance. Pub Hrg PUBLIC HEARING - AN ORDINANCE AMENDING ARTICLE IX OF CHAPTER 18 OF THE Massage AZUSA MUNICIPAL CODE PERTAINING TO THE REGULATION OF MASSAGE TECHNICIANS Regulations ' AND MASSAGE ESTABLISHMENTS. A. Kreimeier Administrative Services Director -Chief Financial Officer Kreimeier addressed the issue stating that in Comments 2008 the state approved Senate Bill 731 which significantly altered the manner in which the City could regulate massage technicians and massage establishments. It created the California Massage Therapy Council (CAMTC), a nonprofit organization with the power to issue massage practitioner certifications provided certain prerequisites are satisfied, and they are exempt from much of the City's regulatory process. Under SB 731, the only regulations the City may impose on massage establishments employing only CAMTC certified technicians are reasonable health and safety requirements, such as rules related to the cleanliness of massage room, towels and linens, and personal hygiene requirements. If a massage technician is not licensed through the CAMTC, and if a massage establishment employs such a technician, the City retains it's full authority to regulate all aspects of massage. Chief Garcia Chief of Police Garcia responded to questions posed regarding illegal or sexual activity; he stated that it's Response still illegal and the Azusa Police Department does periodic undercover sting operations and inspections. He responded to other questions. Hrg Open The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of said Hearing published in the San Gabriel Valley Tribune on September 23, 2011. Hrg Closed Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried to close the Public Hearing. Mayor Pro -Tem Hanks offered an Ordinance entitled: I' Rdg Ord AN ORDINANCE AMENDING ARTICLE IX OF CHAPTER 18 OF THE AZUSA MUNICIPAL CODE Regulating PERTAINING TO THE REGULATION OF MASSAGE TECHNICIANS AND MASSAGE Massage Est. ESTABLISHMENTS. Moved by Mayor Pro -Tem Hanks seconded by Councilmember Carrillo and unanimously carried to waive further reading and introduce the proposed ordinance. Consent Cal The CONSENT CALENDAR consisting of Items D -I through D-6 was approved by motion of D-1 thru D-6 Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously carried. 10/03/11 PAGE THREE I . The minutes of the Special meetings of September 12'h and 26'h, and regular meeting of September 19, Min appvd 2011, were approved as written. 2. ACTION ITEMS. Promotion: L. Hernandez to Police Corporal. HUMAN RESOURCES HR Action Items The City Treasurer's Report as of August 31, 2011 was received and filed. I. FINAL TRACT MAPS NO. 54057-18 AND 54057-20. Approval was given as follows: a. That this project complies with the General Plan and is consistent with the approved tentative maps and any amendments thereto. b. The City Council hereby finds that this project will not violate any of the provisions of Sections 66473.5, 66474.1, and 66474.6 of the Subdivision Map Act. c. The dedications as offered on the maps for streets, storm drains, and storm drain ingress and egress, are hereby approved and accepted. d. The City Council approves and authorizes the Mayor to execute the attached AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FOR Tract No. 54057-18 to construct the required public improvements and also accept the attached Faithful Performance Bond in the amount of $67,057.00, the attached Labor and Materials Bond for $67,057.00, as guaranteed by General Insurance Company of America, and a cash Monumentation Bond in the amount of $5,000. e. That pursuant to Section 66436(a)(3)(A)(i-vii) of the Subdivision Map Act, the City Council hereby finds that the development of the properties, in the manner set forth on the subject divisions of land, will not unreasonably interfere with the free and complete exercise of the easements held by Azusa Land and Water Company, Southern California Gas Company, Monrovia Nursery Company, North Rosedale Community Association, and Rosedale Land Partners 11, LLC and accepts the maps without the signatures of said easement holders. f Approve Final Tract Maps No. 54057-18 and 54057-20. g. The City Clerk is hereby authorized to endorse on the face of the maps the certificates, which embodies the approval of said maps and acceptance of dedications. Treas Rpt Final Tract Maps No. 54957-18 & 54957-20 Rosedale Carl Warren 5. SERVICE AGREEMENT RENEWAL FOR LIABILITY CLAIMS' THIRD PARTY Svs Agmt ADMINISTRATOR - CARL WARREN & COMPANY. Approval was given for the renewal of the two-year service agreement between the City of Azusa and Carl Warren & Company. IThe following resolution was adopted and entitled: Res. 11-C71 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 ECTAL CALL ITEMS Items -None None. Cncl Recess THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT CRA Adjourn 8:53 P.M. THE REDEVELOPMENT AGENCY ADJOURNED AND THE CITY COUNCIL Cncl Rcnvnd RECONVENED AT 8:54 P.M. It was consensus of Councilmembers to adjourn in memory of Patricia J. Christiansen. TIME OF ADJOURNMENT: 8:54 P.M. NEXT RESOLUTION NO. 2011-C72. NEXT ORDINANCE NO. 2011-016 10/03/11 PAGE FOUR Adjourn in Memory of P. Christiansen