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HomeMy WebLinkAboutMinutes - November 21, 2011 - CCCITY OF AZUSA ' MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 21, 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. CLOSED SESSION Closed Session The City Council recessed to Closed Session at 6:32 p.m. to discuss the following: Gov. Code See. 54957.6 — CONFERENCE WITH LABOR NEGOTIATOR Conf w/Labor City 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). 2. Gov. Code See. 54956.8 - REAL PROPERTY NEGOTIATIONS Real Prop ' Agency: Cityof Azusa City Negotiators: Manager Delach and Assistant City Manager Makshanoff Negotiations 101 E. Arrow Negotiating With: Richard Valenzuela, in partnership with Leonel Prats Highway Under Negotiation: Price and Terms of Sale. Address: 101 E. Arrow Hwy, Azusa, CA 91702 The City Council reconvened at 7:30 p.m. There was no reportable action taken in Closed Session. Cncl revnd No Rpts Mayor Rocha called the meeting to order. Call to Order Pledge to the Flag was led by Ms. Yvonne Mendez Granddaughter of Josephine Luna Gonzales Flag Salute Invocation was given by Pastor Eddie Velasquez of Jesus Is Lord Church Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROC1 A ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Martinez, City Manager Delach, Assistant City Manager Makshanoff, Police Chief Garcia, Director of Economic and Community Development Christiansen, Information Officer Quiroz, Administrative Services Director -Chief Financial Officer Kreimeier, Principal Civil Engineer Bobadilla, Library Director Johnson, Senior Management Analyst Del Toro, City Clerk Mendoza, Deputy City Clerk Toscano. Presentations CEREMONIAL MATTERS AND PRESENTATIONS None None. PUBLIC PARTICIPATION Pub Part City Manager Delach stated that Staff has written responses to questions regarding proposed parking City Manager structure and that they will be posted on the City website tomorrow. Comments Mr. Mike Lee addressed Council with comments regarding the Veteran's Day Ceremony, Applebee's M. Lee honoring Veterans, congratulations to Yolanda Pena and Burke Hamilton on their election to the Azusa Comments School Board, parking structure, wished City Manager a happy retirement, and wished all a Happy Thanksgiving. Mr. David Lewis addressed Council and announced that the I Dream Playhouse will be performing "A D. Lewis Christmas Carol" at Memorial Park from December 16'h through the 23rd, 2011 at 7:30 p.m.; tickets cost Comments $6 and $8, for more information go to www.idreamplayhouse.com. This event will help collect toys for the Christmas Toy Drive. Ms. Brandy Linares addressed Council requesting an update on the status of a traffic study on Cerritos and B. Linares First Street. Comments Ms. Laura Jimenez Field Representative of State Senator Ed Hernandez addressed Council announcing L. Jimenez and inviting all to the Community Conversation to be held on Saturday, December 3, 2011 from 10 a.m. — Comments 11:30 a.m. at the Osorio Residence at 17708 E. Renwick Road, Azusa. The event is sponsored by Senator Hernandez to discuss current legislation and state issues that aft residents. Ms. Yolanda Pena addressed Council and thanked all the residents who volunteered in her campaign and Y. Pena supported her; she stated she is honored to serve the City on the Azusa School Board. Comments Mr. Jorge Rosales addressed item D-4 on the agenda regarding the Sale of Certain Property at 880 S. J. Rosales Azusa Avenue. He detailed the history of the property stating that the city purchased the property for $5.3 Comments million and now they are selling it for approximately $3.3 million; he asked how the City and its residents will be made whole on the original $5.3 million loan plus interest. Mr. Joe Guarrera addressed Council distributing photos of a parking structure in Irwindale stating that it is J. Guarrera smaller than the one being proposed in Azusa. He inquired about the answers to questions posed in prior Comments meetings regarding the proposed parking structure. He asked for clarification on where responses will be made available and suggested that they be placed in the Library as well as the City Clerk's office. He reiterated that he and his group are opposed to a parking structure in the park. Assistant City Manager Makshanoff responded to question regarding the status of traffic study on First and Cerritos stating; that he has spoke to the City Engineer Carl Hassel and they did do the original traffic study which brought back additional questions, they are continuing with traffic loops, and are doing extensive ,traffic study on left hand turn lanes suggested by Brandy Linares. It was consensus that copies of responses to parking structure questions will be placed at the back of the auditorium, City Clerk's Office and at the Library by 8 a.m. Tuesday morning. City Manager Delach responded to question regarding the accuracy of photo presented by Mr. Guarrera and he stated it's close but there are only three stories not four and it is more east than west onto Alameda. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Assist City Mgr Response to questions Responsesto Parking Structure To be posted Rpts, Updates Mayor Pro -Tem Hanks wished everyone a Happy Thanksgiving and thanked all who participated in the Hanks Hearts for the Hungary event. He stated that over 600 people were served food. Comments Councilmember Macias wished all a Happy Thanksgiving and a safe week. He referred to the event Macias Hearts for the Hungary noting we should be thankful for all that we have. Comments Councilmember Gonzales provided an update on the Golden Days Celebrity Softball Game on Sunday, December 1], 2011, stating that the gates open at 3 p.m. at Big League Dream in West Covina with three performances. He noted the groups that will be performing which are Cali Swag District, I.aM.mE Crew, Street Drum Corps, and a live performance by Brenton Wood and the many actors who will be playing. He stated that it will be a Toy Drive and toys will be donated to the City of Hope and Children's Hospital in Los Angeles. He wished all a Happy Thanksgiving. Councilmember Carrillo thanked everyone who participated in the Veteran's Day Celebration and the 'VFW lunch for the Veterans and wished all a Happy Thanksgiving. Mayor Rocha stated the meeting would be adjourned in memory of Trinadad Delgado and Gloria Rivas. He announced the following: thanks to the Armanburo family for the Hearts for the Hungry Event, thanks to APU and Citrus students for serving at the 401h Annual Veterans Thanksgiving Dinner at VFW, thanks to all who donated for care packages to the Troops in Afghanistan, December 2" 5-10 p.m. his neighbors will be having a Toy Drive, December 4'h Tree Lighting Ceremony in front of City Hall, he wished all a healthy and peaceful Thanksgiving and asked everyone to pray for our Troops. 11/21/11 PAGE TWO Gonzales Comments Carrillo Comments Rocha Comments SCHEDULED ITEMS Sched Items PUBLIC HEARING - EXPENDITURE PLAN — STATE AWARDED GRANT FUNDS Pub Hrg Grants Captain Sam Gonzalez responded to question regarding the Helicopter Service stating that the majority of S. Gonzalez the time a helicopter is in the air is because it is on patrol, and not because a crime is in progress. Comments The Mayor Declared the Public Hearing open. The City Clerk read the affidavit of proof of publication of Hrg Open notice of said Hearing published in the San Gabriel Valley Tribune on November 10, 2011. Testimony was solicited, but none was received. Moved by Mayor Pro -Tem Hanks, seconded by Testimony Councilmember Carrillo and unanimously carried to close the Hearing. none Hrg Clsd Moved by Councilmember Gonzales, seconded by Mayor Pro -Tem Hanks and unanimously carried to Expenditure approve the proposed expenditure plan and purchases from funds to be received from the State Citizens' Plan Approved Option for Public Safety (COPS) Program. The anticipated funding from this program is $100,000. The proposed expenditure plan was detailed in report and includes $103,750 in carryover funds from F/Y 10/11, PUBLIC HEARING - ON PROCEEDINGS FOR THE APPROVAL OF CERTAIN CHANGES TO THE Pub Hrg RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES CFD Rosdale DISTRICT NO. 2005-1 (ROSEDALE). The Mayor declared the Public Hearing open. The City Clerk Rate & Method read the affidavit of proof of publication of notice of said Hearing published in the San Gabriel Valley Apportionment Tribune on November 4, 2011. Hrg Open Administrative Services Director -Chief Financial Officer Kreimeier addressed the Hearing stating that this is to change the previously established method of apportionment in area 2 of the Rosedale Community Facilities District; this change was requested by the landowners. At this time there are no homeowners in the property CFD and the owners William Lyon Company and Rosedale Land Partners wish to amend the tax rate to reflect the changing market conditions that will reduce the amount of future bonds that may be issued and will also reduce the potential tax burden on the property to a level at or below the 2% rate previously established by City Council policy. Testimony was solicited, but none was received. City Clerk responded to Mayor stating that there have not been any written protests received. She also stated that there are no persons registered to vote in Improvement Area No. 2 of the Community Facilities District and that the owners in the taxable property in the same area have consented to holding a Special Election on November 21, 2011 immediately following the Public hearing. The City Clerk stated that she concurs that the Special Election may be held on November 21, 2011. Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried to close the Hearing. Mayor Pro -Tem Hanks offered a Resolution entitled: A. Kreimeier Comments Testimony, Comments Hrg Closed A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING CERTAIN Res. 11-C80 CHANGES TO THE RATE AND METHOD OF APPORTIONMENT AND CALLING A SPECIAL Calling for ELECTION FOR SUBMITTING TO THE VOTERS OF IMPROVEMENT AREA NO. 2 OF CITY OF Special AZUSA COMMUNITY FACILITIES DISTRICT NO. 2005-1 (ROSEDALE) THE QUESTION OF Election WHETHER THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR SAID IMPROVEMENT AREA SHOULD BE AMENDED AND RESTATED 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 City Clerk conducted Special Election, counted the ballots and announced results of canvass of votes cast. PROPOSITION A: Shall the Rate and method of Apportionment of Special Tax for Improvement Areas No. 2 of City of Azusa Community Facilities District No. 2005-1 (Rosedale) be amended and restated to implement, among other things, changes in the rates of special tax to be levied on parcels of taxable property in the Improvement Area to pay debt service on the bonds that may be issued to finance the design, construction and acquisition of public facilities authorized to be financed by the District, or to pay the cost of the provision, construction and acquisition of such public facilities and/or to accumulate funds therefore, as provided in the Amended and Restated Rate and Method of Apportionment of Special Tax for Improvement Area No. 2 of City of Azusa Community Facilities District No. 2005-1 (Rosedale) which is attached as Exhibit `B" to Resolution No. 11-C80 adopted by the City council of the City of Azusa on November 21. 2011? Amend & Restate Rate and Method of Apportionment for Special Tax Improvement Area No. 2 CFD City Clerk Conducted Special Election Proposition A Two ballots were received from two property owners, Richard S. Robinson and William D. Holman and Two Ballots both ballots were voted "Yes". Voting Yes 11/21/11 PAGE THREE Councilmember Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING THE RESULTS Res. 11-C81 OF THE SPECIAL ELECTION FOR IMPROVEMENT AREA NO. 2 OF CITY OF AZUSA Declaringthe COMMUNITY FACILITIES DISTRICT NO. 2005-1 (ROSEDALE) ON THE QUESTION OF Results Spec WHETHER THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR SAID Elect IMPROVEMENT AREA SHOULD BE AMENDED AND RESTATED Moved by Councilmember Carrillo, seconded by Mayor Pro -Tem Hanks 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 APPROVAL OF RESOLUTION APPROVING AN INSTALLMENT SALE AGREEMENT RELATING Refunding TO THE DEFEASANCE AND REFUNDING OF THE CITY'S OUTSTANDING 1994 CERTIFICATES Outstanding OF PARTICIPATION (1994 SEWER SYSTEM REFUNDING PROJECT) AND AUTHORIZING THE Cert of Part FINANCING OF ADDITIONAL IMPROVEMENTS TO THE CITY'S SEWER SYSTEM. Sewer System Administrative Services Director -Chief Financial Officer Kreimeier addressed the Hearing stating that this A. Kreimeier item is to fund the City's outstanding Sewer Debt and to borrow additional new funds in the amount of Comments $4.1 million to fund Master Plan Improvements to the City's Sewer System. The proposed Method of Financing is a private placement of the debt through Capitol One Financing the cost of issuance and administration for private placements are less than typical bond sales and the term and amount are lower. Due to the historically low interest rates and very low construction costs it's a great opportunity. The City will save $120,000 from the existing Sewer Debt and save $70,000 by going to private financing. Mayor Pro -Tem Hanks offered a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AN Res. II -C82 INSTALLMENT SALE AGREEMENT AND IRREVOCABLE PREPAYMENT INSTRUCTIONS AND Appvg Install AUTHORIZING THE DEFEASANCE AND REFUNDING OF THE CERTIFICATES OF Sale Agmt PARTICIPATION (1994 SEWER SYSTEM REFINANCING PROJECT) AND AUTHORIZING THE Sewer System ,FINANCING OF ADDITIONAL FACILITIES TO IMPROVE THE CITY'S WASTEWATER SYSTEM Refinancing Project 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 CONSIDERATION OF THE SALE OF CERTAIN REAL PROPERTY OWNED BY THE CITY AND Sale of Prop LOCATED AT 880 S AZUSA AVENUE (APNs 8621-024-903 AND 904) AND AUTHORIZE THE 880 S. Azusa CITY MANAGER TO EXECUTE ALL DOCUMENTS AND TAKE ANY ACTIONS NECESSARY TO Charvat Family CONVEY THE LAND TO THE CHARVAT FAMILY TRUST CONSISTENT WITH THE TERMS Trust AND INTENT OF THE DISPOSITION AND DEVELOPMENT AGREEMENT AND STAFF REPORT FROM JUNE 2011. Director of Economic and Community Development Christiansen addressed the issue stating that this item K. Christiansen is to adopt a resolution which will authorize the City Manager to execute documents and take action Comments necessary to convey the land to the Charvat Trust to build outlet by ELS, consistent with the Development Agreement. City Manager Delach responded to question posed stating that the Agency owes the City a significant City Manger amount of money and that's why the properties were transferred to the City from the Agency as there was Comments a potential that if the Agency got dissolved the City would never get repaid. He detailed the history of the 'property at Azusa and Arrow and the current appraised value. The Chavat Family is now willing to purchase these properties for the appraised value. The Agency will continue to owe funds to the General and Utilities fund and if they continue to function will pay them back. Additional discussion was held. Mayor Pro -Tem Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res. II -C83 AUTHORIZING THE SALE OF CERTAIN CITY OWNED REAL PROPERTY LOCATED AT 880 S. Sale of Prop. AZUSA AVENUE AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS 880 S. Azusa AND TAKE .ANY ACTIONS NECESSARY TO CONVEY THE LAND TO THE CHARVAT FAMILY Avenue TRUST CONSISTENT WITH THE TERMS AND INTENT OF THE DISPOSITION AND Charvat Family DEVELOPMENT AGREEMENT AND STAFF REPORT FROM JUNE 2011 Trust 11/21/11 PAGE FOUR 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 The CONSENT CALENDAR consisting of Items E-1 through E-6 were approved by motion of Mayor Consent Cal Pro -Tem Hanks, seconded by Councilmember Gonzales and unanimously carried. E-1 thru E-6 I . The minutes of the regular meeting of November 7, 2011, were approved as written. Min appvd HUMAN RESOURCES ACTION ITEMS. New Appointments: S. Sutcliffe, Police Officer Trainee, N. Houston, Police Officer Trainee, A. HR Action Howard, Administrative Analyst. Items 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE Res. Il -C84 INVESTMENT POLICY. Investment Pol 1. Approval was given for the issuance of a purchase order in an amount not to exceed $14,339 to RU2 Pur Radar Systems, Inc. of Mesa AZ, for the purchase of a RU2 Fast -3350 VMS Radar Speed Display Trailer. Speed Display Under the provisions of A.M.C. Section 2-518 (b), "purchases of supplies and equipment of between Trailer $10,000 and $24,999, shall except as otherwise provided in this article," be awarded by the City Council pursuant to the Azusa Informal or Alternative Purchasing Procedure. 5. In accordance with Section 2-525(b) of the Azusa Municipal Code, approval was given for the Disposal disposal of three (3) surplus Ford Crown Victoria Police vehicles, one (1) surplus Chevrolet S-10 Surplus Pick-up Truck, one (1) surplus Toyota Prius, and other miscellaneous items. Vehicles 6. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 11-C85 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warrants TO BE PAID. CALL ITEMS ,SPECIAL None. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 8:28 P.M. THE REDEVELOPMENT AGENCY ADJOURNED AND THE AZUSA PUBLIC FINANCING AUTHORITY CONVENED AT 8:30 P.M. THE CITY COUNCIL RECONVENED AT 8:31 P.M. ORDINANCES/SPECIAL RESOLUTIONS Councilmember Gonzales offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, AMENDING CHAPTER 46- 239(A) OF THE AZUSA MUNICIPAL CODE RELATING TO GRAFFITI REWARD PROGRAM. Moved by Councilmember Gonzales, seconded by Councilmember Carrillo to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE It was consensus of Councilmembers to adjourn in memory of Trinidad Delgado and Gloria Rivas TIME OF Al)J NT: 8:31 P.M. CITY CLERK NEXT RESOLUTION NO. 2011-C86. NEXT ORDINANCE NO. 2011-019. 11/21/11 PAGE FIVE Special Call None CRA & APFA Cncl Rcnvnd Ord. 11-018 Graffiti Reward Program Adjourn in Memory of T. Delgado & G. Rivas