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HomeMy WebLinkAboutMinutes - October 17, 2011 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 17,2011 — 6:35 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 Closed Session Mr. Jorge Rosales expressed concerns about the term "agency" listed under Closed Session Real Property J. Rosales Negotiations as the properties were quit claimed over to the City several meetings ago. He asked when the Comments City notified the Gold Line Extension that the City had changed their mind and no longer wanted the parking lot on what is known as property A-2. City Attorney Carvalho responded stating that the term "agency" refers to any agency not the Redevelopment Agency. Discussion was held regarding the process of responding to questions posed by the public during the Discussion meeting and the need to respond in an informative manner. It was suggested that staff consider the questions asked and use reasonable judgment if the question could be answered at that time. ,City Attorney Carvalho advised that she was in receipt of a letter from an Attorney late Thursday afternoon October 13, 2011, with a threat of litigation regarding agenda item proposed ordinance relating to Development Code Amendment on proposed gun regulations. It was moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried to add to Closed Session items listed as number 4. The City Council recessed to Closed Session at 6:50 p.m. to discuss the following: CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: Administrative Services Director -Chief Financial Officer Kreimeier and City Manager Delach Organizations: ACEA (Azusa City Employees Association), AMMA (Azusa Middle Management Association), CAPP (Civilian Association Police Personnel), SEW (Service Employees International Union). 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. BLOCK 36 Address: 152 E. Foothill Boulevard, Azusa, CA 91702 Address: 100 E. Foothill Boulevard, Azusa, CA 91702 Address: 614 — 640 N. Azusa Avenue, Azusa, CA 91702 Address: APN 8611-003- 921 Negotiating Parties: Lewis Retail Centers b. 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 809 N. Dalton Avenue, Azusa, CA 813 N. Dalton Avenue, Azusa, CA Negotiating Parties: Lewis Retail Centers Item of Subsequent Need added to agenda Conf w/Labor Negotiators Real Prop Negotiations Block 36 A2 & A3 Sites 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. 54956.9 Confw/Legal (a]). Gale Banks Engineering vs. City of Azusa, Los Angeles Superior Court, Case No. BS 133253 and Cnsl Irwindale City of Irwindale vs. City of Azusa, Los Angeles Superior Court, Case No. BS 132946. 4. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION (Gov. Code Sec. 54956.9 Conf w/Legal One Case. Cnsl The City Council reconvened at 7:45 p.m. City Attorney Carvalho advised that there was reportable action Cncl rcvnd taken on item regarding potential litigation, to remove from the proposed ordinance regarding the Reportable Development Code amendments those portions that relate to guns and ammunition . Action Mayor Rocha called the meeting to order. Rheanna Sanchez and Regina Peralta led in the pledge to the Flag. Invocation was given by Mayor Pro -Tem Hanks. ' ROLL CALL PRESENT: COUNCILMEMBERS: ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: GONZALES, CARRILLO, MAGAS, HANKS, 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, Assistant Director of Economic and Community Development McNamara, Library Director Johnson, City Engineer Hassel, Senior Management Analyst Del Toro, Director of Public Works/Assistant City Manager Haes, Director of Recreation and Family Services Jacobs, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION City Attorney Carvalho clarified existing policy regarding Public Participation stating that staff will continue to provide responses to questions when it is obvious what the answer is but for those items that staff is not prepared to answer or to verify facts or information, the response will be that they will get back to the speaker. With respect to ongoing projects the direction is that staff will prepare answers in writing and a copy will be placed at the back of the auditorium. 1. Nakasato members of Comments Call to Order Flag Salute Invocation Roll Call Also Present Pub Part City Attorney Carvalho Comments Clarification ,Ms. Iso Nakasato, Field Representative for Assemblyman Roger Hernandez, acknowledged the Golden Days Committee presenting those present with certificates of recognition. Mr. Patrick Arevalo addressed Council with concerns regarding speeding motorcycles on Palm Drive; he stated that there are no stop signs or speed bumps and asked that the City look into the problem. P. Arevalo Comments Y. Pena Ms. Yolanda Pena announced her candidacy for Azusa Unified School Board and talked about her services Comments to the City and about her grandchildren in the Azusa Unified School District. Speakers agnst The following persons spoke against a Park and Ride structure on Alameda in the City of Azusa: Charles Pkg structure Ramirez, Sharon Lewis, Stephanie Mills, Jeri Vogel and Joe Guarrera. Mr. Jorge Rosales addressed Council on proposed Fitness and Exercise Gym and Quick Serve Restaurant at the Promenade Commercial Retail Center item. He asked what has APU done to promote the site, does APU pay property taxes at the Promenade Shopping Center, why would the City be willing to give up a major portion of retail property for a gym, and why are they giving up a prime corner with a full service restaurant for a fast food restaurant? 10/17/11 PAGE TWO J. Ochoa Mr. Jack Ochoa, on behalf of the Carmelite Sisters of Santa Teresita in Duarte, addressed Council to Comments promote their outreach event, Fantasia Family Festival to be held on November 20, 2011, from 9:30 a.m. — 4:00 p.m. J. Vogel Comments Ms. Jeri Vogel announced that this is Domestic Violence Awareness Month and she will be collecting items at Azusa and Covina Woman's Club for the shelters. J. Guarrera Comments Mr. Joe Guarrera thanked Councilmember Gonzales for obtaining cars for the parade at the last minute and Councilmember Macias for becoming a reviewing officer on the spot during Golden Days. He thanked Mayor Rocha giving his time for an interview to his grandson for a school project. He stated that all staff did a fantastic job during Golden Days. J. Arevalo Ms. Jule Arevalo, on behalf of Sierra Palms Homeowners Association, addressed Council regarding the Comments concrete work on Palm Drive; she submitted pictures of cracking and patchwork pieces of concrete. She noted that the asphalting on Foothill Boulevard is in bad shape and asked that someone be sent out to look at it as well as Palm Drive. She also stated that the Board Walk on Foothill Boulevard is ridden with bicycles and skateboards and residents are having problems when leaving their complexes, and they are having a lot of vandalism in their area. J. Rosales Comments Mr. Jorge Rosales addressed Council on proposed Fitness and Exercise Gym and Quick Serve Restaurant at the Promenade Commercial Retail Center item. He asked what has APU done to promote the site, does APU pay property taxes at the Promenade Shopping Center, why would the City be willing to give up a major portion of retail property for a gym, and why are they giving up a prime corner with a full service restaurant for a fast food restaurant? 10/17/11 PAGE TWO Mr. Charles Crossland of the proposed Fitness Center at the Promenade, addressed Council stating that the C. Crossland Fitness Center would be an asset to the community as it is a state of the art facility with affordable rates Comments and the best customer service and would bring neighboring communities in to shop in Azusa and offer up to 50 jobs. Mr. Art Morales congratulated everyone for bringing ELS at Azusa and Arrow Highway, thanked former A. Morales Mayor Diane Chagnon for speaking out on Vulcan, reminded everyone to vote in the School Board Comments Election on November 8'" noting his choices, thanked gentleman who provided information on the Carmelite Sisters, the band shell and speeding bicycles on Palm Drive. Assistant City Manager Makshanoff responded to questions, and advised that the City Engineer will contact Ms. Arevalo. 'Director of Public Works/Assistant City Manager Haes responded to questions stating that Public Works staff will inspect Palm Drive, sidewalks and plantings, to make sure they are in proper condition before the City considers accepting Palm Drive. Public Works staff and Police Department have opposed speed bumps as traffic calming measures, and speed limit on Palm Drive will be 25 mph. He talked about the Foothill Boulevard boardwalk noting that it was built to add a safer way to get from one place to another and problems with skateboarders, bicyclist, students' texting and not paying attention, etc, cannot be prevented with the design. In response to parking structure questions, he stated that Santa Fe Drive will not be closed, busses will be electric and are zero emission that don't pollute. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Ass't Cty Mgr Comment Dir Pub Wks Comments Rpts, Updates Ms. Elizabeth Ramirez and Ms. Inez Gutierrez representing the Canyon City Foundation Grants; E. Ramirez congratulated and presented grants to the recipients for the 2011 year. The Grants were presented to Comments Neighborhood Wellness Center, Kids On the Move, Books For Babies Sierra High, Azusa and Gladstone High schools, Rotary Club, Recreation and Family Services — Healthy Azusa, Neighborhood Homework House, and Convalescent Aide Society. Director of Public Works/Assistant City Manager Haes responded to Parking Structure Questions at Dir Pub Wks October 3, 2011 Council Meeting and copies of the response were distributed. Comments Mayor Pro -Tem Hanks announced the 4 1 Annual Hearts for the Hungry Event to be held on November 19, Hanks 2011 from 11 a.m. and 2 p.m. at the Canyon Christian Fellowship Church at 405 N. Azusa Avenue. He Comments stated that a Thanksgiving meal and clothing will be provided to people. Organizations in attendance will 'be Cory's Kitchen, the Wellness Center, Stepping Stones for Women, and the Los Angeles Region Food Bank. For additional information call Maria Armanburo at (626) 922-3076. Councilmember Gonzales congratulated the Azusa Golden Days Committee for the wonderful event and Gonzales stated he had the honor of picking up and taking home Grand Marshal Brenton Wood. He announced the Comments 8'" Annual Trunk or Treat Car & Truck Show on Sunday, October 30'n from 12:00 — 6:00 p.m. at Memorial Park. He reminded everyone that school is back in session and to watch speed when driving vehicles. Councilmember Carrillo expressed appreciation to the Azusa Golden Days Committee and congratulated Carrillo them for a job well done. Comments . Councilmember Macias thanked Joe Guarrera for the honor allowing him to help as a reviewing officer for Macias the Golden Days Parade. He stated that he will not be attending the Utility Board Meeting as he will be on Comments orders with the Navy. He wished City Manager Delach a speedy recovery, and thanked Ms. Barbara Dickerson for the cookies she provided from the Canyon City Foundation. Mayor Rocha advised that the meeting will be adjourned in memory of Fred "Moosie" Sanchez. He Rocha expressed his thanks to the Golden Days Committee for a great week and the Sister City Committee for Comments hosting the Dignitaries from Azusa's Sister City Zacatecas. He announced he will be collecting items to send to soldiers in Iraq and Afghanistan on December 3rd. A collection box will be placed at City Hall lobby on Monday, Oct 24's and items needed are: baby wipes, new white socks, sunflower seeds, candy, gum, and mints. The City Council wished Candace "Candy" Toscano a Happy Birthday and congratulated her on her 30'h Anniversary as an employee of the City of Azusa, which she gratefully accepted. ISCHEDULED ITEMS Sched Items PROPOSED FITNESS AND EXERCISE GYM AND QUICK SERVE RESTAURANT WITH A DRIVE Promenade THRU AT THE PROMENADE COMMERCIAL RETAIL CENTER (RANCH CENTER Commercial REDEVELOPMENT PROJECT AREA) OWNED BY AZUSA PACIFIC UNIVERSITY (APU). Retail Center LOCATED ON THE SOUTHEAST CORNER OF ALOSTA AVENUE. After discussion, it was moved by Councilmember Carrillo, seconded by Councilmember Gonzales and Item Tabled unanimously carried to table this item. 10/17/11 PAGE THREE AUTHORIZE STAFF TO MOVE FORWARD WITH TWO PRIVATE PLACEMENT FINANCINGS Financings to TO REFUND ON A CURRENT BASIS. THE CITY'S OUTSTANDING 1994 CERTIFICATES OF Refund 1994 PARTICIPATION FOR ANNUAL SAVINGS AND PROVIDE NEW MONEY TO FINANCE COP Sewer IMPROVEMENTS TO THE CITY'S SEWER SYSTEM. System Administrative Services Director -Chief Financial Officer Kreimeier addressed the issue stating that this Admin Svs Dir action is to refund existing Sewer Bonds and borrow additional funds to expedite work on the Capital Chief Financial maintenance of the City's Sewer System. This action is a result of the adoption of the revised Sewer Rates Officer in June of this year which allows funding and an extremely low borrowing cost at the present time. He Presentation detailed the financing structure recommended by staff and the financial advisor stating that a private placement financing will be used from a bank to reduce the cost of issuance and estimated savings is $123,000 over the life of the bonds. The new money for projects will produce $4.1 million through the issuance at a fixed rate of 3.6%. He detailed the issue. He responded to questions posed by Councilmembers. Certificates of Moved by Councilmember Macias, seconded by Mayor Pro -Tem Hanks and unanimously carried to direct Participation staff and Urban Futures as financial advisor to pursue Option 3, which will provide approximately $76,000 Refunding in savings during fiscal Year 2011/12 and total net present value savings of $120,000 resulting from the Approved refunding of the 1994 Certificates of Participation, as well as new money necessary to complete improvements through the issuance of two privately placed loans. Staff and the City's financial advisor recommend the use of Capital One for this financing. HRC Appts HUMAN RELATIONS COMMITTEE APPOINTMENTS. L. Davis & Moved by Councilmember Gonzales, seconded by Councilmember Macias and unanimously carried to re- H. Jaramillo appoint LaLisa Morgan -Davis and appoint Helen Jaramillo to the Human Relations Commission. Councilmember Carrillo extended his appreciation to Reverend Logan Westbrooks for the services he provided on the Human Relation Commission and to applicants who applied for the positions. Consent Cal The CONSENT CALENDAR consisting of Items D-1 through D-8 were approved by motion of Mayor 1-8, 4&8 Spec Pro -Tem Hanks, seconded by Councilmember Gonzales and unanimously carried, with the exception of items D-4 and D-8 which were handled under the Special Call portion of the Agenda. Min appvd I. The minutes of the regular meeting of October 3, 2011, were approved as written. HR Action 2, HUMAN RESOURCES Items 'ACTION ITEMS. Merit Increase and/or Regular Appointment: M. Bertelsen, R. Gonzales, D. Baird, M. Sencion, and L. Hassen. Promotion: S. Paragas, Controller. Flexible Staffing Promotion: C. Cusick Customer Service Rep. III and M. Gomez-Villegas, Customer Service Rep. 111. New Appointment: M. Vega, Police Records Specialist 1. Separation: S. Sandoval, Water Distribution Crew Supervisor. Pur Furniture Watch 3. Approval was given for the purchase of office furniture for the Watch Commander's office. The Commander's furniture will be purchased from Knoll, Inc., c/o Western Office Interiors, in the amount of $10,829.81 Office based on the competitive bid process completed under U. S. Communities Contract #ROQ 01-41131316- C. This purchase is authorized by AMC Section 2-523(e) when the competitive bid process has already been completed. Spec Call 4. SPECIAL CALL ITEM. Police Admin Svs Mgr Specs 5. Pursuant to the City of Azusa Civil Service Rules Section 3.5, the City Council adopted the revised class specifications for Police Administrative Services Manager. Res. 1 I -C73 Rate & Method 6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DETERMINING THAT Apportionment THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THAT THE RATE AND METHOD OF CFD 2005-1 APPORTIONMENT FOR IMPROVEMENT AREA NO. 2 OF CITY OF AZUSA COMMUNITY 1FACILITIES DISTRICT NO. 2005-1 (ROSEDALE) BE AMENDED AND RESTATED. 7. The following resolution was adopted and entitled: Res. 1 I -C74 Warrants 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 ARE TO BE PAID. Special Call 8. SPECIAL CALL ITEM. /17/11 PAGE FOUR ECIAL CALL ITEMS Special Call Items City Engineer Hassel responded to questions regarding the Complete Streets Policy stating that they will City Engineer incorporate the Complete Streets Policy when working on streets, i.e. street repair, sidewalk repair, adding Response to bike lanes which sometime required additional right a way and, it will also allow them to apply for grant Questions money. He stated that they will analyze the streets as they go through them and keep them at the capacity Complete that they are and do improvements to bike lanes as necessary. Streets Policy Director of Public Works/Assistant City Manager Haes responded stating that adopting the Policy doesn't Dir Pub Works require that they implement Complete Streets Programs, it will be determined by Staff whether they are Response financially feasible and whether street improvements can be done taking traffic into consideration. City Attorney Carvalho responded to questions stating that the City Council are the only persons who can City Attny decide where bicycle lanes are placed within the City. Response City Engineer Hassel pointed out the staff report states the following: "The Public Works Director may City Engineer exempt a project due to excessive and disproportionate cost of establishing a bikeway, walkway, transit, or Comment other enhancement as part of a project." Mayor Pro -Tem Hanks offered a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADOPTING A Res. 11-C72 COMPLETE STREETS POLICY SO THAT TRANSPORTATION IMPROVEMENTS ARE PLANNED, Adopting a FUNDED, DESIGNED, CONSTRUCTED, OPERATED AND MAINTAINED TO INTEGRATE Complete WALKING, BICYCLING, TRANSIT, EMERGENCY, AND MOTOR VEHICLE USE, PROMOTING Streets Policy DEPENDABLE AND EFFICIENT OPERATIONS AND USABILITY FOR CITIZENS OF ALL AGES AND ABILITIES IN AZUSA. Moved by Mayor Pro -Tem 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, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Administrative Services Director -Chief Financial Officer Kreimeier responded to questions posed Admin Svs Dir regarding adjustments to salary schedules for Business Retention/Public Benefits Coordinator and Buyer Chief Financial positions to address market and salary compaction issues respectively, stating that as there is no change to Officer the classification, the discretion to set salaries lies with the City Council and it would go to Personnel response to Board as an information item after Council approval. He also stated that the Buyer position should also questions have Retro pay back to July 1, 2011 as the other position, and it has been budgeted. Discussion was held regarding whether or not the item should be reviewed by the Personnel Board. Moved by Councilmember Macias that the item be reviewed by the Personnel Board. Moved by Salary Sched Councilmember Carrillo, seconded by Councilmember Gonzales and carried by roll call that a substitute For Business motion be made to address the item at this time. Mayor Rocha and Councilmember Macias dissenting. Retention Moved by Councilmember Carrillo, seconded by Mayor Pro -Tem Hanks and carried by roll call to Public Bene approve proposed adjustments to the salary schedules for Business Retention/Public Benefits Coordinator Coordinator & and Buyer positions to address market and salary compaction issues respectively, and include Buyer Buyer position as retro back to July 1, 2011. Mayor Rocha and Councilmember Macias dissenting. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT Cnel Recess 9:51 P.M. THE REDEVELOPMENT AGENCY ADJOURNED AND THE CITY COUNCIL CRA Adjourn RECONVENED AT 9:52 P.M. Cncl Rcnvnd City Attorney Carvalho advised to conduct the second reading of the proposed ordinance and pursuant to action taken following Closed Session, remove provision dealing with ammunition and gun sale regulations and bring ordinance back to an adjourned meeting. Councilmember Carrillo offered an Ordinance for second reading, and asked that this item be adjourned to October 24, 2011, immediately following the Utility Board Meeting. AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 88,"DEVELOPMENT CODE, Ord. 11-016 MARCH 2005" (2005 CODE) OF THE CITY OF AZUSA MUNICIPAL CODE REGARDING Dev Code TATTOO/BODY PIERCING USES, FRONTAGE TYPE REQUIREMENTS, PARKING RELIEF, Amendments MATERIAL RECOVERY/RECYCLING FACILITIES. Moved by Councilmember Carrillo, seconded by Councilmember Gonzales to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: 10/17/11 PAGE FIVE AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE mcilmember Carrillo offered an Ordinance entitled: AN ORDINANCE AMENDING ARTICLE IX OF CHAPTER 18 OF THE AZUSA MUNICIPAL CODE Ord. 11-017 PERTAINING TO THE REGULATION OF MASSAGE TECHNICIANS AND MASSAGE Massage Estab. ESTABLISHMENTS. Regulations Moved by Councilmember Carrillo, seconded by Councilmember Gonzales to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCIL -MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE It was consensus of Councilmembers to adjourn in memory of Fred "Moosie" Sanchez. Adjourn in Memory of F. Moosie TIME OF ADJOURNMENT: 9:53 P.M. Sanchez VERA MENDOZA, CITY Y. ' NEXT RESOLUTION NO. 2011-C75. NEXT ORDINANCE NO. 2011-018. Ir 10/17/11 PAGE SIX