Loading...
HomeMy WebLinkAboutMinutes - July 8, 2014 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL, THE PUBLIC FINANCING AUTHORITY, ' AND THE SUCCESSOR AGENCY REGULAR MEETING, MONDAY, JULY 8, 2014 — 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/CLOSED SESSION Mayor Rocha called the meeting to order. ROLL CALL: Roll call was taken by City Clerk Cornejo: PRESENT: COUNCILMEMBERS: GONZALES, ALVAREZ, ROCHA ABSENT: COUNCILMEMBERS: CARRILLO, MACIAS ALSO PRESENT Elected Officials: City Clerk Comejo. 'Staff Members: Assistant City Manager/Public Works Director Haes, City Attorney Martinez, Economic and Community Development Assistant Director McNamara, City Librarian Strege, Library Literacy Coordinator Reta, Information Officer Quiroz, Assistant/Deputy City Clerk Hernandez. Call to Order Roll Call Also Present Azusa Library Literacy Coordinator Reta, presented certificates of appreciation to all those who Cert Scrabble donated to the Azusa Library Scrabble Game Fundraiser. Donors The City Council joined Mr. Jacob P. Hostetler SFC, of the Azusa Recruiting Center, for cake cutting US Army in celebration of the US Army's 239th Birthday. 239th B -Day The City Council Recessed to closed session at 6:42 P.M. to discuss the following: I. CONFERENCE WITH LEGAL COUNSEL — EXISTING & ANTICIPATED LITIGATION Pursuant to California Government Code, Sections 54956.9(d)(1) & (4) Case Names: Azusa v. Faye M. Pierson, Los Angeles Superior Court Case No. 14KO6457 Faye M Pierson (individually and as Trustee of the Thomas J Pierson Living Trust) v. City of Azusa, Los Angeles Superior Court Case No. BC545310. 2.REAL PROPERTY NEGOTIATIONS Pursuant to California Government Code Section 54956.8 Agency Negotiators: City Manager Makshanoff Net Development: Kevin Coleman Under Negotiation: Price and Terms of Payment 'Property Address: Enterprise Property, 229 S. Azusa Avenue (APN 8614-014-918, 919 and 920) City Attorney Martinez announced that the entire Council was present in Closed Session; Mayor Pro - tem Gonzales abstained from participating on Item 1 discussion, the item may be disclosed at a future meeting; Item 2, the entire Council heard information from its negotiators, additional negotiators for the City were present for this item, Assistant City Manager/Public Works Director Haes, Community Development Director Christiansen and City Attorney Hull, the item was also posted on the open session portion of the agenda, and there was no reportable action taken in Closed Session. REGULAR MEETING Closed Sess Existing Litigation Pierson Prop Negotiations 229 S. Azusa City Attorney Report Regular Mtg Mayor,Rocha called the meeting to order. Call to Order ROLL CALL: Roll call was taken by City Clerk Cornejo: Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS ALVAREZ , ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT Also Present Elected Officials: City Treasurer Vasquez, City Clerk Cornejo. Staff Members: Assistant City Manager/Public Works Director Haes, City Attorney Martinez, Police Chief Gonzalez; Utilities Director Morrow, City Engineer Bobadilla, Economic and Community Development Director Christiansen, Economic and Community Development Assistant Director McNamara, Public Information Officer Quiroz, Deputy/Assistant City Clerk Hernandez. ' Pledge to the flag was led by Mr. Mikael Taylor Flag Salute Invocation was given by Pastor Felix Garcia, Centro Esperanza. Invocation PUBLIC PARTICIPATION Pub Part Mr. Mikael Taylor, Director of the Azusa Renaissance Theater, addressed the Council to give M. Taylor background information about the organization, and requested to rent a City facility for one month, to Comments hold a play in August 2014. Mr. Dan Simpson addressed the Council expressing his content for the recent grand opening of the Fish D. Simpson Canyon Trail; he thanked staff and Vulcan Materials for working together on this project, and asked for Comments all that use the trail to help and continue maintaining it in good condition. Mr. Zafar Alikhan addressed the Council regarding several acres of unattended unimproved land, at the Z. Alikhan south -end -of the Rosedale Development alongside 9th Street, stating that residents do not have the Comments budget to maintain the property or make improvements, as the property needs retention and detention basins for flood control; residents hired an independent engineer to do an assessment of the property, and he will bring back the results to present to Council. Mr. Hector Elizalde, representing Congresswoman Napolitano, addressed the Council to thank Mayor H. Elizalde Rocha and all of the volunteers for their assistance in putting together the 3rd Annual Veterans Forum, Comments July 26, 2014, 8:00 A.M., at the National Guard Armory, 1351 W. Sierra Madre Ave., and invited all Veterans and Residents to attend. Assistant City Manager/Public Works Director Haes stated that staff will meet with Mr. Taylor T. Haes regarding his request for the use of a City facility in August, 2014, to hold a play. Comments REPORTS UPDATES, COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Police Chief Gonzalez addressed the Council to give a preliminary report on the enforcement activities during the 4th of July: 66 $1,000 citations for illegal fireworks were issued over the course of the 3 day weekend; there was a 30% reduction from last year, on the number of complaints; in 2005 the fine was $50.00, and it was increased to $250.00 in 2006, at which time the illegal activity began to decline; during a five year period, the decline went from 20% in 2005, to 81% in 2009; of the 66 citations issued, 1/3 were to people from out of town; he responded to questions posed by Councilmember Macias, stating that the Police Department issues the administrative citations, and then they are forwarded to Code Enforcement and Business License for follow up on payment; staff will gather information on how many of those citations were repeat offenders, if non residents do not pay the fine, it will attach to their credit report and a collection agency for the City will collect the fines; Mayor Rocha thanked all involved for keeping the community safe, and Azusa Utilities Director for assisting by mailing information together with the utility bills. City Clerk Cornejo gave NOTICE that the following City Commissioners terms of office were to expire September 30, 2014: 1 Position Architectural Barriers Commission 3 Positions Cultural & Historic Preservation Commission 2 positions Human Relations Commission 2 positions Library Commission I position Parks & Recreation Commission 2 positions Planning Commission Applications for these positions would be accepted through Monday, August 18, 2014 by 5:00 p.m. in the Office of the City Clerk. Applications will°be available in the City Clerk's Office, Azusa City Library, Azusa Light & Water Department, and in the City's Webpage: www.ci.azusa.ca.us. For further information, interested parties can call: (626) 812-5271 07/08/2014 PAGE TWO Rprts/Update S. Gonzalez Comments Notice Open Expiring Commissions Positions SCHEDULED ITEMS Sched Items Mayor Pro -tem Gonzales thanked Police Chief Gonzalez and staff for a job well done during the 4th of R. Gonzales July weekend; he announced the Concerts in the Park kick off on July 10, 2014, 7:00 P.M. at Memorial Comments Park, and the Animal Vaccination and Dog Licensing Clinic on July 16, 2014, 6:00 P.M. at the gazebo Code, to behind City Hall. Implement and Councilmember Carrillo thanked the Police Department for the good work in enforcing compliance A. Carrillo with fireworks during the 4th of July weekend; he requested for the next Council Meeting that staff Comments make a presentation regarding the status of the water drought and conservation. Homemade 'the Councilmember Alvarez addressed the posters regarding the drought restrictions posted by Los E. Alvarez Angeles Department of Water and Power allowing 3 day yard watering, stating that these rules do not Comments apply to Azusa as Phase III is currently in effect, which allows only 2 days a week. Councilmember Macias stated that he attended several events and assisted some of the firework stands U. Macias over the 4th of July weekend, and commended those who worked at the stands to raise funds and in Comments keeping the public informed on safe and sane fireworks; he asked that residents conserve water as much as possible. Mayor Rocha stated that the meeting was to be adjourned in memory of Ms. Eva Subia and Mr. Ralph J. Rocha Salce, WWII Veteran, both long time Azusa residents; he made the following announcements: Comments Concerts in the Park, starting July 10, 2014; Families on the Move, July 12, 2014, 8:00 A.M. at Freedom Memorial Park; Car and Reptile Show, July 13, 2014, 11:00 A.M. to 4:00 P.M., at Whites Funeral Home parking lot; Dog Licensing and Animal Clinic, July 16, 2014, 6:00 P.M. behind City Hall; Fantastic Patrick Juggling Show, July 15, 2014, 11:00 A.M. Azusa Auditorium; he asked all to keep Service Men and Women in daily prayers. SCHEDULED ITEMS Sched Items Economic and Community Development Assistant Director McNamara presented the item stating that C. McNamara the Code Amendment implements the State mandated California Home Made Food Act; on January 3, Introduce Item 2013, Assembly Bill 1616 (AB 1616) became effective, which allows or amends that certain low-risk foods be prepared in private homes and sold directly to the public; these foods include, but are not limited to, certain baked foods, dried fruit, pasta, candy and jams; staff considered a number of different options on how to implement this Act into the Azusa Municipal Code, and proposes a Cottage Food Home Occupation Classification, similar to.a Home Occupation Permit, as the best option; a $63.00 fee will be charged for the review and implementation process, and a business license will be required; the staff report reflects the amended language of the residential areas that will be allowed; at the May 28, 2014 meeting, the Planning Commission heard this item and recommended Council's approval. Discussion Discussion was held regarding the one customer at a time allowed as well as potential parking issues, for which staff does not anticipate this to be a problem, as most of these businesses make their food at 'home and sell it at different locations, and only one complaint has been received since the adoption of the Bill; the City adopted the mandated standard restrictions put forward by the State, which are loosely governed and specified; through the registration process, City staff will have record of all the Cottage Food businesses in the City and will be able to monitor them closely; the Health Department will oversee the health aspect of the business, to ensure that the production is up to State Code Standards; labor laws will be addressed the same way as other businesses in the City, by referring them to the appropriate federal authority; State Law mandates that these businesses must be treated as a permitted use; staff recommends a low fee for the occupational permit, as there has not been much interest in this type of business, should the interest increase, Council can choose to take a different approach; all Cities must comply with AB 1616, by adopting the State's plan and allowing it by right, or charge a reasonable fee and perform a review, Cities are given flexibility on the process they choose; staff contacted other Cities for reference, but only San Dimas has adopted a plan; this bill is an effort of the State to help increase the number of businesses. 07/08/2014 PAGE TWO PUBLIC HEARING - DEVELOPMENT CODE AMENDMENT (DCA -235), A CITY -INITIATED Pub Hrg on REQUEST TO AMEND VARIOUS SECTIONS OF CHAPTER 88 OF THE "DEVELOPMENT Development CODE MARCH 2005" (2005 CODE) OF THE CITY OF AZUSA MUNICIPAL CODE, TO Code, to IMPLEMENT AND COMPLY WITH THE CALIFORNIA HOMEMADE FOOD ACT (AB 1616). It Implement and was found that the proposed Development Code Amendment was not subject to the California Comply with Environmental Quality Act ("CEQA") pursuant to Section 15301 Class 1 (Existing Facilities) because California proposed ordinance establishes Cottage Food Operations as a type of home occupation to be Homemade 'the conducted within an existing dwelling unit, which would involve negligible or no expansion of the Food Act existing residential use. Additionally, it was found that the proposed Development Code Amendment AB 1616 was not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) because the activity, which involves amending and recodifying Sections of Chapter 88 of the City of Azusa Municipal Code, will not result in a direct or reasonably foreseeable indirect physical change in the environment; and 15060(c)(3) because the activity is not a project as defined in Section 15378 of the CEQA Guidelines, California Code of regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Economic and Community Development Assistant Director McNamara presented the item stating that C. McNamara the Code Amendment implements the State mandated California Home Made Food Act; on January 3, Introduce Item 2013, Assembly Bill 1616 (AB 1616) became effective, which allows or amends that certain low-risk foods be prepared in private homes and sold directly to the public; these foods include, but are not limited to, certain baked foods, dried fruit, pasta, candy and jams; staff considered a number of different options on how to implement this Act into the Azusa Municipal Code, and proposes a Cottage Food Home Occupation Classification, similar to.a Home Occupation Permit, as the best option; a $63.00 fee will be charged for the review and implementation process, and a business license will be required; the staff report reflects the amended language of the residential areas that will be allowed; at the May 28, 2014 meeting, the Planning Commission heard this item and recommended Council's approval. Discussion Discussion was held regarding the one customer at a time allowed as well as potential parking issues, for which staff does not anticipate this to be a problem, as most of these businesses make their food at 'home and sell it at different locations, and only one complaint has been received since the adoption of the Bill; the City adopted the mandated standard restrictions put forward by the State, which are loosely governed and specified; through the registration process, City staff will have record of all the Cottage Food businesses in the City and will be able to monitor them closely; the Health Department will oversee the health aspect of the business, to ensure that the production is up to State Code Standards; labor laws will be addressed the same way as other businesses in the City, by referring them to the appropriate federal authority; State Law mandates that these businesses must be treated as a permitted use; staff recommends a low fee for the occupational permit, as there has not been much interest in this type of business, should the interest increase, Council can choose to take a different approach; all Cities must comply with AB 1616, by adopting the State's plan and allowing it by right, or charge a reasonable fee and perform a review, Cities are given flexibility on the process they choose; staff contacted other Cities for reference, but only San Dimas has adopted a plan; this bill is an effort of the State to help increase the number of businesses. 07/08/2014 PAGE TWO Mayor Rocha declared the Public Hearing open; City Clerk Cornejo read the affidavit of proof of Hrg Open publication published in the San Gabriel Valley Tribune, on June 27, 2014. Moved by Councilmember Carrillo, seconded by Councilmember Alvarez to Close the Public Hearing, Hrg Closed by the following vote of the Council: YES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE Mayor Pro -tem Gonzales offered an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING 'AMENDMENTS TO CHAPTER 88 - DEVELOPMENT CODE OF THE CITY OF AZUSA MUNICIPAL CODE TO IMPLEMENT THE CALIFORNIA HOMEMADE FOOD ACT PER ASSEMBLY BILL 1616. Moved by Mayor Pro -tem Gonzales, seconded by Councilmember Macias, to waive further Redding and introduce Ordinance No. 14-04, by the following vote of the Council: YES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE Introduce Ordinance 14-04 PUBLIC HEARING — SALE OF CERTAIN REAL PROPERTY OWNED BY THE CITY Pub Hrg Sale GENERALLY LOCATED AT 229 S AZUSA AVE (APNs 8614-014-918: 8617-014-919: 8614-014- of Property, 920) AND DISPOSITION AND DEVELOPMENT AGREEMENT ("DDA") BY AND BETWEEN 229 S. Azusa THE CITY AND NET DEVELOPMENT CO, INC. Ave. Mayor Rocha declared the Hearing open; City Clerk Cornejo read the affidavit of proof of publication published in the San Gabriel Valley Tribune, on June 26, 2014. Moved by Councilmember Alvarez, seconded by Mayor Pro -tem Gonzales to continue the Public Hearing to the Council Meeting of Monday, July 21, 2014, by the following vote of the Council: YES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ' CONSENT CALENDAR: Moved by Mayor Pro -tem Gonzales, seconded by Councilmember Carrillo, Consent to approve Consent Calendar Items D-1 to D-10, by the following vote of the Council: Calendar YES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ NOES: COUNCILMEMBERS: NONE 1. The minutes of the regular meeting of June 16, 2014, and the special meetings of June 21 and 23, Minutes 2014, were approved as written. 2. Resolution No. 14-C39, was adopted and entitled: Reso 14-C39 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. 3. The Human Resources Action Items were approved in accordance with the City of Azusa Civil H.R. Action Service Rules and applicable Memorandum of Understanding(s): Item Merit Increase and/or Regular Appointment: C. Gutierrez, C. Taylorson. 4. The City Clerk was directed to conduct the 2014 Mandatory Review of the Conflict of Interest Conflict of Code and to submit the required Biennial Report. Interest Code 5. The City Treasurer's Report for the City of Azusa for the month of May, 2014, was received, Treasurer reviewed and filed. Report 6. The purchase of one 2014 Ford Police Interceptor Sedan and three 2014 Ford Police Interceptor Purchase P.D. SUV vehicles from Wondries Fleet Group, in an amount not to exceed $101,982.02 was approved; Vehicles the purchase of these vehicles was based on the competitive bid process completed by the City of Los Angeles as authorized under AMC Section 2-523 (e), from which they ordered Ford Police Interceptor vehicles, Order # 15837 (Contract). 7. The requests to augment the contract for Silver & Wright Legal Services, LLP by $10,000 to cover Silver & Right FY 2013-14 billings, and to renew the contract in an amount not to exceed $30,000 for FY 2014-15 to cover the necessary legal fees for Code Enforcement Services, were approved. 07/08/2014 PAGE FOUR 8. Staff was authorized to solicit for proposals to obtain traffic engineering services for the RFP Eng intersection of Alosta and Rockvale Avenues. Services 9. Staff was authorized to enter into a 3 -year agreement with the County of Los Angeles for the L.A. Co. provision of paratransit services, subject to any non -substantive changes made by the City Manager Paratransit and City Attorney. Svcs 10. The renewal agreement between the City and All City Management Services (ACMS) for crossing Crossing Guard guard services, was approved. Agreement SUCCESSOR AGENCY RELATED BUSINESS ' Mayo Pro -tem Gonzales offered a Resolution entitled: A RESOLUTION OF THE SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF SUCCESSOR AGENCY FUNDS. Moved by Mayor Pro -tem Gonzales, seconded by Councilmember Alvarez, to waive further reading and adopt Resolution No. 14-R10, by the following vote of the Council: YES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ORDINANCE/SPECIAL RESOLUTIONS 1 SECOND READING AND ADOPTION OF AN ORDINANCE REPEALING AND RESERVING SECTION 70-73 OF THE AZUSA MUNICIPAL CODE RELATING TO A CREDIT FOR PAYMENT OF REDEVELOPMENT AGENCY SALES AND USE TAX. Mayor Pro -tem Gonzales offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, 'REPEALING AND RESERVING SECTION 70-73 OF THE AZUSA MUNICIPAL CODE RELATING TO A CREDIT FOR PAYMENT OF REDEVELOPMENT AGENCY SALES AND USE TAX. Moved by Mayor Pro -tem Gonzales, seconded by Councilmember Carrillo, to waive further reading and adopt Ordinance No. 14-03, by the following vote of the Council: YES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE THE CITY COUNCIL RECESSED AND THE UTILITY BOARD CONVENED AT 8:24 P.M.; THE CITY COUNCIL RECONVENED AT 8:26 P.M. ADJOURNMENT: It was consensus of the City Council to Adjourn the meeting in Memory of Ms. Eva Subia and Mr. Ralph Salce, WWII Veteran, both long time Azusa residents. TIME OF ADJOURNMENT: 8:27 P.M. WT NEXT RESOLUTION NO. 2014-C40. (City) NEXT ORDINANCE NO. 2014-05. NEXT RESOLUTION NO. 2014-RII (Former Redevelopment Agency) UPCOMING MEETINGS: July 21, 2014, City Council Meeting; July 28, 2014, Utility Board Meeting; August 4, 2014, City Council Meeting. 07/08/2014 PAGE FIVE Sccsr Agency Reso 14 -RIO Warrants Ord/Resos Second Reading Ord 14-03 CRA Sales Tax & Use UB Convene, Cncl Reconvene Adjourn