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HomeMy WebLinkAboutMinutes - November 7, 2011 - CCCITY OF AZUSA ' MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 7, 2011 - 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. CLOSED SESSION Closed Session City Attorney Carvalho stated that at the last meeting there were comments on the legality of the way the City Attorney agendas are being posted with regard to Closed Session items. She stated that she has followed up with Comments staff and that agendas are being posted legally and do comply with the Brown Act. The City Council recessed to Closed Session at 6:34 p.m. to discuss the following: CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Conf w/Labor Agency Negotiators: Administrative Services Director -Chief Financial Officer Kreimeier and City Negotiators Manager Delach Organizations: ACEA (Azusa City Employees Association), AMMA (Azusa Middle Management Association), CAPP (Civilian Association Police Personnel), SEIU (Service Employees International Union). Cncl rcvnd The City Council reconvened at 7:30 p.m. There was no reportable action taken in Closed Session. No Rpts Call to Order Call to Order Pledge to the Flag was led by Richie Lugo, Daniel Lugo and Joet Gonzalez, sons of Peter "Bubbles" Lugo. Flag Salute Invocation was given by Pastor Rick McDonald of Azusa House of Prayer Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CAR.RILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE Also Present ALSO PRESENT: City Attorney Carvalho, City Manager Delach, 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, City Clerk Mendoza, Deputy City Clerk Toscano. Mayor Rocha Mayor Rocha announced that the meeting will be adjourned in memory of Peter `Bubbles" Lugo, Jesus F. Comments Pedroza, Elena "Helen' Ceniceros, Ruth Anne Griffin, Jeannette K. Partridge, Fred Granados, and Josephine Luna Gonzales. Presentation CEREMONIAL MATTERS AND PRESENTATIONS H. Jaramillo Ms. Helen Jaramillo of Victor Hodge School expressed appreciation to Azusa Police Officers for Walk to School participating and supporting International Walk to School Day and Red Ribbon Week. She read two Day & Red essays from second grade students noting the impact it had on them, presented Certificates of Appreciation Ribbon Week to the Officers and showed video about the Safe Routes to School Program. PUBLIC PARTICIPATION Pub Part Ms. Barbara :Dickerson addressed Council and provided an update on student enrollment, students who B. Dickerson have achieved honors, athletic achievements, fundraising events and artistic projects. Comments Mr. Mike Lee addressed Council noting apologies if he offended anyone from comments he has made in M. Lee the past. He announced election for the Azusa Unified School Board, noting his choice for the positions, Comments commented on political issues, and voiced his opinion regarding candidates. Rebecca Garcia, Eric Knoles, Jorge Rosales, Bruce Knoles, Peggy Martinez, Joe Guarrera, Jeri Vogel, Speakers angst Merrie Sudan, and Audrey Lohr expressed their opposition, offered comments and asked questions Pkg structure regarding a proposed parking and ride structure on Alameda in Azusa. �Mr. Steven Castro addressed Council requesting that they consider writing a formal letter asking Caltrans S. Castro to open Highway 2. Comments Ms. Madelyn Payne, Mr. Fernando Ayala, Ms. Diana Veloz and Mr. Tom Sanchez addressed Council and Payne, Ayala, audience expressing their choice for the upcoming School Board Election. Veloz, Sanchez Mr. Charles Crossland owner of the proposed fitness center that may be placed at the old Big Lots building C. Crossland at the Azusa Promenade, addressed Council stating that he would like the agreement with Azusa Pacific Comments University and the City to be amended with regard to the In -Lieu Sales Tax Agreement. City Manager Delach advised that he would return with response to questions after he reviews comments City Mgr to previous answers. He and City Attorney Carvalho advised that an item regarding CalTrans and the Comments request to open up Highway 39 to Route 2 could be brought back to the next meeting for consideration. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts, Updates Library Director Nancy Johnson presented information regarding Public Service Hours at the Azusa City N. Johnson Library detailing Service Hours, Statistical Data, and Senior Use, cost for additional hours of service and Lib Pub Svs recommended that the Library hours remain the same. Hours Mayor Pro -Tem Hanks reported progress on the Gold Line regarding the challenge to the supplement EIR Hanks not been viable, MTA raised the cap on spending for the Gold Line, a notice to proceed can be issued Comments to the Design Builders and officially the Gold Line is moving forward, and that there is a need to discuss a ,1,3, place for a parking lot. He announced the Canyon Christian Fellowship 0 Annual Hearts for Hungry event to be held November 19, 2011 from 11:30 a.m. to 3:30 p.m. for more information and/or to volunteer call Maria Aramburo at (626) 922-3076. He stated that Southern California Association of Governments (SCAG) will be discussing the Regional Transportation Plan Truck Transit Lans and the unfunded status of the project. Gonzales Councilmember Gonzales announced that the Celebrity Softball Game will be held at the West Covina Big Comments League Dreams on Sunday, December 11, 2011, gates will open at 3 p.m., celebrities will be from the cast: of Sons of Anarchy, CSI Miami and CSI New York and others. He noted that players will consist o1' members of Council of the District. He provided information regarding the event and stated the cost will be $3. Macias Comments Councilmember Macias reminisced about persons who he remembered while delivering newspapers as a young boy and expressed his condolences to the family in the passing of Jeanette Partridge and Ruth Ann Griffin, as they made an impact on his life with their kindness. Carrillo Comments Councilmember Carrillo thanked the Recreation and Family Services Department for the great Trunk or Treat event for Halloween. Rocha Comments Mayor Rocha advised that the meeting would be adjourned in memory of Peter "Bubbles" Lugo, Jesus F. Pedroza, Elena "Helen" Ceniceros, Ruth Anne Griffin, Jeannette K. Partridge, Fred Granados, and Josephine Luna Gonzales. He announced the following events: Friday, November 11'h at 11 a.m. Veteran's Day Ceremony at City Hall Flag pole, Saturday, November 12'" at 8 a.m. spreading mulch at the Bike Trail, Saturday, November 12'h Be a Walker 9:30 a.m., Can Food Drive for local food banks, pick up dates are December 2"d, 9'h, and 16`h at local schools, Library and City Hall. He announced a Sub - Committee for new City Manager recruitment as Councilmember Carrillo and Councilmember Macias to work together with Dr. Mathis. Sched Items SCHEDULED ITEMS Promenade Commercial PROPOSED FITNESS AND EXERCISE GYM AND QUICK SERVE RESTAURANT WITH A DRIVE Retail Center THRU AT THE PROMENADE COMMERCIAL RETAIL CENTER (RANCH CENTER REDEVELOPMENT PROJECT AREA) OWNED BY AZUSA PACIFIC UNIVERSITY (APU), LOCATED ON THE SOUTHEAST CORNER OF ALOSTA AVENUE. 11/07/11 PAGE TWO Director of Economic and Community Development Christiansen addressed the issue stating that they are K. Christiansen looking for guidance on applications and proposals received regarding the Promenade Center. The first Comments item is regarding a proposed fitness gym at the former Big Lots unit. Under the current zoning a center of seven acres or more is not allowed to have more than 15% of non -sales tax generating uses and the center exceeds the 15% already and it not be allowed in the zoning category, in this case an in lieu tax agreement has been proposed. The second site is the former Sizzler Restaurant which has an owner participation agreement. APU has proposed a quick serve drive through restaurant not a full service restaurant as required under the OPA. After discussions with legal staff it is proposed that in order to keep the full service restaurant, it would be located somewhere else on the site. They would be able to keep the quick serve restaurant and APU would pay liquidated damages on an annual basis. He explained AB X26 and AB X27 prohibiting the on making amendments to the OPA. Lengthy discussion was held between Council, Staff and Mark Dickerson of Azusa Pacific University, Discussion regarding the Owner Participation Agreement, the beer and wine license, a full service restaurant, the debt owed on the center and return on investment, Swipe Card Program, Chick-Fil-A Restaurant, Land Use Ordinance, and the proposed fitness center and sales tax generation. Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Macias and unanimously carried to allow Fitness & fitness and exercise gym at the former Big Lots unit, notwithstanding the City's current zoning regulations Exercise Gym that prohibit more than 15% of the shopping center's use for non -sales tax generating uses because APU Promenade and the tenant have proposed an In -Lieu Sales Tax Agreement. Moved by Councilmember Carrillo, seconded by Councilmember Gonzales to allow a quick serve Motion restaurant with a drive thru at the former Sizzler restaurant site, notwithstanding the Agency's Owner Drive thru Participation Agreement that specifies a full service restaurant, if APU locates a full service restaurant, Chick—Fil-A with a minimum of a beer and wine license with the center. The City Manager would be authorized to Promenade negotiate an agreement with APU authorizing a quick serve restaurant with a requirement of $10,000 per year liquidated damages for the remainder of the OPA if APU fails to have a full service restaurant on site. A substitute motion was made as follows: Moved by Mayor Pro -Tem Hanks, seconded by Mayor Rocha Substitute to approve a quick serve restaurant without the requirement of a beer and wine license sales, and that the Motion original agreement to come back for consideration, motion failed Councilmembers Gonzales, Carrillo and w/o beer & Macias voting no. wine failed Original motion stood as follows: Moved by Councilmember Carrillo, seconded by Councilmember Original ,Gonzales and carried to allow a quick serve restaurant with a drive t1m at the former Sizzler restaurant motion site, notwithstanding the Agency's Owner Participation Agreement that specifies a full service restaurant, Approved if APU locates a full service restaurant, with a minimum of a beer and wine license with the center. The City Manager was authorized to negotiate an agreement with APU authorizing a quick serve restaurant with a requirement of $10,000 per year liquidated damages for the remainder of the OPA if APU fails to have a full service restaurant on site. Mayor Rocha dissenting. AMENDMENT TO AZUSA MUNICIPAL CODE AND ADOPTION OF RESOLUTION — GRAFFITI, Amend AMC REWARD PROGRAM, Graffiti Prgm Senior Management Analyst Del Toro addressed the issue stating that this is a proposed new Graffiti Del Toro Reward Program which would allow for the reward of $100 leading to the arrest of a graffiti vandal. He Comments detailed the process and responded to questions posed by Councilmembers. Councilmember Gonzales offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, AMENDING CHAPTER 46- l" Rdg Ord 239(A) OF THE AZUSA MUNICIPAL CODE. Graffiti Prgm Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously carried to Approved waive further reading and introduce the proposed ordinance which would amend Section 46-239 (a) of the Azusa Municipal Code and allow the City Council to authorize reward payment for information leading to the arrest of any person found in violation of California Penal Code Section 594 or 640.5. 'Mayor Pro -Tem Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING A GRAFFITI Res. 11-C75 REWARDS PROGRAM AND AUTHORIZING STAFF TO UNDERTAKE APPROPRIATE ACTIONS Graffiti Reward CONSISTENT THEREWITH. Program Moved by Mayor Pro -Tem Hanks, seconded by Councilmember 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 11/07/11 PAGE THREE Moved by Councilmember Carrillo, seconded by Mayor Pro -Tem Hanks and unanimously carried to Funds for appropriate approximately $5,000 annually from the General Fund Reserves for the Graffiti Reward Graffiti Prgm Program. Amendment ADOPTION OF A RESOLUTION OF INTENTION AND APPROVAL OF THE ORDINANCE TO PERS Contract AMEND THE PUBLIC EMPLOYEE'S RETIREMENT CONTRACT TO INCLUDE A 3% AT 55 Pub Safety SECOND TIER PLAN FOR NEWLY HIRED PUBLIC SAFETY MEMBERS. Kreimeier Administrative Services Director -Chief Financial Officer Kreimeier addressed the issue stating that Comments included with the MOU's with Azusa Police Management Association and Azusa Police Officers Association was the implementation of a second tier of 3% at 55 PERS formula for new hires. In order to make the change to the contract the proposed resolution needs to be adopted as well as the first reading of the proposed ordinance which will have second reading at the meeting of December 5, 2011. He announced that the proposed percentage savings will be 2.935%. Mayor Pro -Tem Hanks offered a Resolution entitled: Res. I 1-C76, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING NOTICE OF establishing INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF Notice of ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE Intention CITY COUNCIL OF THE CITY OF AZUSA. Amend Contract PERS Moved by Mayor Pro -Tem Hanks, seconded by Councilmember 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 Mayor Pro -Tem Hanks offered an Ordinance entitled: ls` Rdg Ord AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING AN Amend PERS AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF AZUSA Contract AND THE I30ARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. Ord Introduced Moved by Mayor Pro -tem Hanks, seconded by Councilmember Gonzales and unanimously carried to waive further reading and introduce the proposed ordinance. Consent Cal The CONSENT CALENDAR consisting of Items E -I through E-10 were approved by motion of Spec Call D6, Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried with the 7&9 exception of items D-6, D-7, and D-9, which were considered under the Special Call portion of the Agenda. Min appvd 1. The minutes of the regular meeting of October 17, 2011, were approved as written. HR Action 2.11UMAN RESOURCES ACTION ITEMS. Items Merit Increase and/or Regular Appointment: D. Eldridge, Police Sergeant. New Appointment: B. Gallardo, Office Specialist It. 3. The City Treasurer's Report as of September 30, 2011 was received and filed. Res. I 1-C77 Morgan HRC I. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA RE -APPOINTING LALISA MORGAN-DAVIS TO THE HUMAN RELATIONS COMMISSION. Res. l 1-C78 Jaramillo HRC A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPOINTING HELEN JARAMILLO TO THE HUMAN RELATIONS COMMISSION. Janitorial Svs Specs 5. Janitorial Service specifications were approved and staff was authorized to solicit bids for city-wide �Janitorial services Spec Call 6. SPECIAL CALL ITEM. Spec Call 7. SPECIAL CALL ITEM. Plans & Specs Concrete Imp 8. The Plans and Specifications were approved for CIP Project #601403-11 — Concrete ADA Improvements and staff was authorized to solicit a notice of inviting bids. Spec Cal 9. SPECIAL CALL ITEM. I. The following resolution was adopted and entitled: /07/11 PAGE FOUR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. I1 -C79 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO Warrants BE PAID. Special Call 'ECIAL CALL ITEMS Creative Bus 6. AWARD OF CONTRACT — PURCHASE OF (2) TRANSIT BUSES. Purchase buses Councilmember Carrillo addressed the item thanking Director of Public Works/Assistant City Manager Carrillo Haes for a previous attempt at a potential savings of over $500,000 to the City by considering studying and Comments reviewing what revenues would be saved the City should they choose to contract out these types of services. He stated the study at the time would not have diminished the service to the community but save 1 over $500,000 to the City's Fund, and now there is a need to purchase two new buses. Moved by Mayor Pro -Tin Hanks, seconded by Councilmember Gonzales and unanimously carried to Pur of buses award contract to Creative Bus Sales in an amount of $133,032 for the purchase of (2) 2011 Ford E450 Approved Transit Buses. 7. ACCEPTANCE OF RELINQUISHMENT AGREEMENT FROM CALTRANS FOR AZUSA Relinquishment AVENUE (STATE ROUTE 39) FROM ARROW HIGHWAY TO 330 FEET NORTH OF ARROW AgmtCaltrans HIGHWAY AND THE MAINTENANCE OF SIGNALS AT THE INTERSECTIONS ON AZUSA Arrow AVENUE AT FIRST STREET, PARAMOUNT STREET, GLADSTONE STREET AND ARROW Highway HIGHWAY. Rocha Mayor Rocha addressed the proposed Agreement and expressed concern regarding verbiage that states Comments funds may not be available at the time. Director of Public Works/Assistant City Manager Haes and City Attorney Carvalho advised that this is standard language in CalTrans agreements. City Engineer Hassel referred to agreement Section I item 4 states the funds will be paid by 2013. Agreement Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales and unanimously carried to Approved approve the Relinquishment Agreement from Caltrans for Azusa Avenue (State Route 39) from Arrow Highway to 330 Feet North of Arrow Highway and the Maintenance of Signals at the Intersections on Azusa Avenue at First Street, Paramount Street, Gladstone Street and Arrow Highway. Cost Sharing 9. APPROVAL OF COST SHARING AND MAINTENANCE AGREEMENT BETWEEN THE CITY Agmt Azusa OF AZUSA AND THE CITY OF GLENDORA FOR THE EXTENSION OF CITRUS AVENUE AND Glendora Rocha Mayor Rocha addressed the proposed Agreement stating that although the majority of the right of way of Comments Citrus is within the City of Glendora, Azusa is to pay 100% of the maintenance cost of the street and related facilities; he asked if Glendora will be helping with the payment. Haes Director of Public Works/Assistant City Manager Haes responded no, that none of their development will Comments exit on to Citrus Avenue and that only Azusa portion will exit on to Citrus and Glendora does not feel the need to pay for maintenance of that roadway and it's required for Azusa's portion of Rosedale to have that extension. Discussion was held regarding the pros and cons of the agreement. Agreement Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales and unanimously carried to Approved approve the Cost Sharing and Maintenance Agreement between the City of Azusa and City of Glendora for the extension of Citrus Avenue and improvements related to the Rosedale Development and the Mayor was authorized to execute the agreement. CRA & APFA THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT Cncl Rcnvnd 9:57 P.M. THE REDEVELOPMENT AGENCY ADJOURNED AND THE AZUSA PUBLIC FINANCING AUTHORITY CONVENED AT 9:58 P.M. THE CITY COUNCIL RECONVENED AT 9:59 P.M. Adjourn in Memory of It was consensus of Councilmembers to adjourn in memory of Peter "Bubbles" Lugo, Jesus F. Pedroza, P. Lugo, J. Elena "Helen" Ceniceros, Ruth Anne Griffin, Jeannette K. Partridge, Fred Granados, and Josephine Luna Pedroza, E. Gonzales. Ceniceros, R. Griffin, J. T DJOURNMENT: 9:59 P.M. Partridge, F. Granados & J. Luna VERA MENDOZA, CITY CLERIC NEXT RESOLUTION NO. 2011 -CSO NEXT ORDINANCE NO. 2011-018. 11/07/11 PAGE FIVE