CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, APRIL 20, :30 P.M.

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1 CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, APRIL 20, :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 CLOSED SESSION The City Council recessed to Closed Session at 6:33 p.m. to discuss the following: 1. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec ) Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of Payment a. Address: 826 N. Azusa Avenue, Azusa, CA Negotiating Parties: Habern Chiropractic b. Address: 803 N. Dalton Avenue, Azusa, CA Negotiating Parties: Ramirez Masonry Atlantis Gardens c. Address: 680 E. 6 th Street, Azusa, CA Negotiating Parties: Dianna & William Zurbuchen d. Address: 602 Cedarglen Drive, Azusa, CA Negotiating Parties: Pedro O. Zubillaga e. Address: 636 Cedarglen Drive, Azusa, CA Negotiating Parties: Olga Sepulveda f. Address: 809 N. Azusa g. Address: E. Arrow Hwy (E/L 197' 68' x 110') h. Address: E. Arrow Hwy (400' E. Azusa Ave) i. Address: 106 S. Azusa (Reader Board) Negotiating Parties: Redevelopment Agency of the City of Azusa 2. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec ) Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Organizations Executive Contracts 3. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Gov. Code Sec (a)). Farris v. City of Azusa, et al. - Los Angeles Superior Court, Case Number KC Closed Sess Recess Real Prop Negotiations 826 N. Azusa 803 N. Dalton Atlantis Gardens 809 N. Azusa E. Arrow E. Arrow 106 S. Azusa Conf w/labor Neg Conf w/legal Cns Farris v. City The City Council reconvened at 7:39 p.m. City Attorney Carvalho advised that there was reportable action taken in Closed Session; with regard to Farris v. City of Azusa; Council voted unanimously to file a Cross Complaint Against Azusa Pacific University and the driver of the trolley. Mayor Rocha called the meeting to order and asked that the meeting be adjourned in memory of Leroy Harris Kelly III who died in the Iraq five years ago. Mr. and Mrs. Harris Kelly led in the Salute to the Flag and thanked all for the remembrance of their son. INVOCATION was given by President Richard A. Walker of the Church of Jesus Christ of Latter-day Saints Reconvened Reports Call to Order Flag Salute Invocation

2 ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Assistant City Manager Makshanoff, Azusa Police Chief Garcia, Director of Public Works/Assistant City Manager Haes, Economic Development Director Christianson, Library Director Tovar, Administrative Services Director-Chief Financial Officer Kreimeier, Assistant City Librarian Shahsavari, Director of Utilities Hsu, Assistant to Director of Utilities Kalscheuer, Public Information Officer Quiroz, Assistant Community Development Director McNamara, City Clerk Mendoza, Deputy City Clerk Toscano. City Manager Delach announced that the Target Corporation has submitted their plans to the Community Development Department. He also stated that there have been rumors circulating regarding the citywide transportation program about changing the service; he advised that there have been discussions regarding privatizing the administration of the City bus service, but no changes to the service. PUBLIC PARTICIPATION Mr. Mike Lee thanked the parents of Leroy Harris III, for their son and advised that Azusa is the number one in veterans. He sent a message to local kids to stay in school, get an education, register to vote, and always be good citizens. He expressed his opinion regarding several issues. Mr. Ward Archer addressed Council with complaints regarding street sweeping in his area; he stated that streets, when swept are not swept well and the city should get rid of the contractor and allow city employees to perform the service; he spoke against contracting out services. Mr. Steven Gomez addressed Council regarding the street sweeper problems and about the school parking problems at the Longfellow school. Ms. Crystal Munoz, Miss Azusa and Ms. Sarah Weir, Miss Outstanding Teen, requested support from the City as they will soon be representing Azusa in the Miss California Pageant and Miss Outstanding Teen Pageant; Staff was directed to provide each one with a $100 check from the Scholarship Fund. Mr. Rick Robinson expressed his frustration regarding the sound wall from Citrus to Barranca on the south side of the 210 Freeway; stating that it takes away the view, it s noisier now for his neighbors behind him, it s not an upgrade to the neighborhood and no one was informed wall was going up. Ms. Diana Williams addressed Council regarding graffiti and suggested the problem be addressed through community forums, rewards programs, alternative forums, and spoke about the responsibilities of the community, parents and City; she asked that this be the beginning of an Anti-Graffiti Campaign. Ms. Julianne Smith of Azusa Pacific University announced that the Azusa Reads Program at the Library will be holding the year end celebration and invited the Councilmembers to attend. Library Director Albert Tovar addressed the matter and talked about the partnership between APU and the school district and how the tutoring program benefits the children. Mr. Austin McMinn, a Boy Scout who is working on attaining the rank of Eagle, addressed Council stating that this year he created, planned and designed the Think River, San Gabriel River Clean Up event for his Eagle Project working with Ms. Susanne Avila of the California Resource Connection, to complete it. He provided statistics of the event as follows: 151 people in attendance; youngest 3 years old and eldest74 years old, average age 25 years old, total number of steps taken was 766,074, approximately 700 lbs of trash collected and consisted of paper, carpet, tires, plastic, plywood, scraps and broken glass. He thanked all who participated in the project and thanked Mayor and Council who attended the event. He extended a special thanks to Miss Susan Avila for her guidance which taught him how to organize an event and become an effective leader. Mr. Lucas Botello, Campaign Manager for Emanuel Plates seeking the office of Congressman in the May 19 th Election, addressed Council detailing the background of Mr. Plates and urged all to vote for him in the upcoming election. City Manager Delach responded to questions posed regarding problems with street sweeping in the area of Longfellow school, sound wall issues and graffiti issues; items were referred to staff for handling. Director of Public Works Haes provided his number as follows: It was consensus of Councilmembers to direct staff to provide sponsorships in the amount of $100 to Miss Azusa Crystal Munoz and Miss Outstanding Teen Sarah Weir. City Mgr Pub Part M. Lee Various W. Archer Street Sweeping S. Gomez Street Sweeping C. Munoz and S. Weir Sponsorship R. Robinson Sound Wall D. Williams Graffiti J. Smith Azusa Reads A. McMinn Think River Event L. Botello Emanuel Plates City Mgr Responses & Scholarships 04/20/09 PAGE TWO

3 REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously carried to approve request for sponsorship in the amount of $200 to Gladstone High School AP Students who will be attending the Ronald Reagan Museum to see the Magna Carta. Moved by Councilmember Hanks, seconded by Mayor Pro-Tem Macias and unanimously carried to approve request for proclamation in recognition of Jon Blickenstaff, former Mayor of La Verne and Chairman of the Construction Authority Board, who is retiring. Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously carried to approve request for certificate of recognition for Elvira Lopez who has been chosen as the 2009 Outstanding School Crossing Guard of the Year for the City of Azusa. Moved by Councilmember Hanks, seconded by Councilmember Carrillo and unanimously carried to approve the confirmation of continued Council Committee Assignments. SCHEDULED ITEMS PUBLIC HEARING - APPROVAL OF AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858, IMPLEMENTING A ONE-YEAR SECOND EXTENSION OF A MORATORIUM TEMPORARILY PROHIBITING THE ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS The Mayor declared the Hearing Open. The City Clerk read the affidavit of proof of publication of notice of said Hearing published in the San Gabriel Valley Tribune on April 10, Testimony was solicited, but none was received. Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried to close the Public Hearing. Updates/cncl Sponsorship AP Student Proc Jon Blickenstaff Cert of Rec E. Lopez Cncl Assgmts Sched Items Pub Hrg Massage Bus Moratorium Hrg open Testimony Hrg Closed Councilmember Hanks offered an Ordinance entitled: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858, IMPLEMENTING A ONE-YEAR SECOND EXTENSION OF A MORATORIUM TEMPORARILY PROHIBITING THE ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS Ord No. 09-O2 Extending Moratorium Moved by Councilmember Hanks, seconded by Mayor Pro-Tem Macias 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 AUTHORIZATION TO NOTIFY UTILITY CUSTOMERS OF PUBLIC HEARING CONCERNING WATER RATE ADJUSTMENT ON JUNE 15, Assistant to Director of Utilities Kalscheuer addressed the issue and presented Key Factors to a Higher Rate Increase which included: Downturn in Economy Less Customers & Less Sales = 5.1 Revenue Requirement, maybe due to some foreclosures; the lack of Rosedale development which has been slow, Sales Reduction from Conservation = 18.4 Revenue Requirement, Deletion of Sub-Meter Charge = 7.5 Revenue Requirement, and Minor Projected O & M Cost Increases. He presented and detailed Revenue Requirements forecast of expenses, Projected Fund Balance, Projected Debt Coverage. He presented the Month Meter Service Charges which showed current charges; scheduled increases, and proposed new rates. Director of Utilities Hsu presented and detailed three Alternatives for Commodity Rates, i.e. Consultant Proposed: 18% Across the Board and Conservation Schedule; he recommended Alternative 3. He explained the Emergency Rate Structure-Rates & Tier Breakpoints. He noted the reasons for the rate increase as follows: Maintain a Viable Water Utility Operation, Meet Minimum Debt Coverage Ratio & Maintain Good Credit Ratings; Continue to Finance Water CIP from Operating Incomes, Enable Use of Interest Incomes from Other CIPs and to Maintain Reserve for Emergency. He displayed the comparison chart of surrounding water entities. After additional discussion, it was moved by Councilmember Hanks, seconded by Councilmember Carrillo and carried to consider water rate adjustment options described in attached report by HDR Engineering to increase revenues from water utility rates by 18% for FY and 15.6% for FY Mayor Pro-Tem Macias dissenting. Setting PH Wtr Rate Adjst C. Kalscheuer Presentation Dir of Utilities J. Hsu Presentation Appvd to Consider Wtr Rate Adjust 04/20/09 PAGE THREE

4 After additional discussion, it was moved by Councilmember Hanks, seconded by Councilmember Gonzales and carried to approve tentative rates to be further considered at public hearing, the following: (a) meter charge changes as proposed by HDR Engineering, and (b) alternative commodity rate changes that increase Tier 2 consumption charges and modify some tier consumption thresholds or breakpoints, Alternative 3. Councilmember Macias dissenting. Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously carried to authorize staff to print and mail a 45-day advanced notice of public hearing to be held June 15, AUTHORIZATION TO NOTIFY PROPERTY OWNERS OF PUBLIC HEARING CONCERNING REFUSE RATE ADJUSTMENT ON JUNE 15, Assistant to Director of Utilities Kalscheuer addressed the issue stating that this is rate adjustment relating to refuse service provided by Athens Services and pursuant to the contract there is a need to adjust rates each year; he requested approval for the mailing of the notice to property owners. Staff has conducted rate calculations and presented the revised notice to Council which displays monthly rates which are lowered by $21,000. He stated that residential barrel rates will be reduced by $.84 per month, Multifamily Bin will be increased by $.85 per month and Commercial will see a reduction of $2.22 per month; a detailed report will be presented at the Public Hearing. Moved by Councilmember Hanks, seconded by Councilmember Carrillo and unanimously carried to authorize staff to print and mail a 45-day advanced notice of public hearing to be held June 15, 2009 to consider refuse rate adjustment. The CONSENT CALENDAR consisting of Items D-1 through D-10 was approved by motion of Mayor Pro-Tem Macias, seconded by Councilmember Gonzales and unanimously carried with the exception of items D-6, and D-7, which were considered under the Special Call portion of the Agenda. 1. The minutes of the regular meeting of April 6, 2009, were approved as written. 2. Human Resources Action Items were approved as follows: Merit Increase and/or Regular Appointments: L. Corrales, R. Gonzales, M. Gomez-Villegaz, S. Abou-Taleb, T. Rasmussen, and K. Pilmer. 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADOPTING A SERVICES PRIORITY POLICY FOR LOWER INCOME DEVELOPMENTS IN ACCORDANCE WITH SB Approval was given for the purchase of the Raytheon ACU-T tactical interoperability system, two Motorola radios, associated parts, materials and installation from the lowest responsive bidder, Communications Center, in the amount of $19, Authorization was given to staff to solicit bids for the Foothill Boulevard Boardwalk and Foothill/Citrus intersection improvements. 6. SPECIAL CALL ITEM. 7. SPECIAL CALL ITEM. 8. Approval was given for the commencement of the formal bid process for the procurement of custom vehicle retrofit services for the Azusa Police Department, Office of Emergency Services Prime Mover vehicle. The funds to contract with a specialty vehicle custom building company are fully reimbursable through the 2007 State of California Homeland Security Grant Program. 9. The Leave of Absence without pay request beginning April 2, 2009 through May 13, 2009, in accordance with Azusa Civil Service Rules, Section 6.8, Subsection Authorization, was granted. Dis and appvd tentative rates Send out 45 Notices Setting PH Rfs Rate Adjst C. Kalscheuer Approved 45 day notice Consent Calendar Approved D-6&7 Min appvd HR Action Items Res. 09-C32 SB 1087 Policy Purchase radios Bids Foothill/ Citrus inter imp Bid Prime Mover Vehicle OES LOA wo/pay approved 10. The following resolution was adopted and entitled: 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 ITEMS Staff responded to question regarding the amount of each proposal for the PSA to prepare a Sewer Master Plan, and selection criteria. Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried to authorize staff to enter into a professional services agreement with LEE & RO, Inc. to prepare a Sewer Master Plan for an amount not to exceed $668,800. Res. 09-C33 Warrants Items PSA Lee & Ro, Swr Mstr Pln 04/20/09 PAGE FOUR

5 Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried to authorize staff to enter into a professional services agreement with Norris Repke for an amount not to exceed $9,960 to provide topographic survey and mapping services for Alosta Avenue and Foothill Boulevard from Cerritos Avenue to Rockvale Avenue. THE CITY COUNCIL AND REDEVELOPMENT AGENCY CONVENED JOINTLY AT 9:01 P.M. TO DISCUSS THE FOLLOWING: CITY AND AGENCY AGENDA ITEM PROPOSED CITY AND REDEVELOPMENT AGENCY-WIDE POLICY REGARDING THE LEASING OF CITY AND REDEVELOPMENT AGENCY OWNED PROPERTY FOR RETAIL SALES EVENTS. Lengthy discussion was held regarding a City/Agency-wide policy regarding the Leasing of City/Agency owner property for retail sales events and there was no action taken on this item it will be brought back with in a more refined manner. PSA Norris Repke Convene jntly City/CRA Item Policy re: Leasing property Discussion No Action THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 9:29 P.M. THE CITY COUNCIL RECONVENED AT 9:30 P.M. UPDATES/COUNCIL COMMENTS: Councilmember Hanks extended an invitation to the Mayor and Council to attend the Southern California Wide Service Day on Saturday and Sunday, April 25, 2009, and take place at a new park near Grandview and Angeleno; it is sponsored by the Church of Jesus Christ of Latter-day Saints. Councilmember Gonzales invited all to the Cinco De Mayo celebration, sponsored by the Azusa Parks and Recreation Department, on Sunday, May 3, 2009, at 12 noon; for further information call Councilmember Carrillo announced the Household Hazardous Waste Round Up on Saturday, April 25 th from 12 noon 3:00 p.m. at Northrup Grumman and the Free Low Flush Toilet give away on that same date from 12 noon 3:00 p.m. Mayor Rocha announced the Relay For Life on Saturday, April 25 th and 26 th at Azusa Pacific University; Seal Beach Cleanup; Wheelchair Day; and Arbor Day stating that the City received the Community Service Award for Azusa Beautiful Program. CRA Convene Cncl reconvened Updates cont. Hanks Gonzales Carrillo Rocha It was consensus of Councilmembers adjourn in Memory of Leroy Harris Kelly III, on the 5 th anniversary of his demise in Iraq. TIME OF ADJOURNMENT: 9:30 P.M. year Adjourn in Memory of Leroy Harris Kelly III 5 year Remembrance CITY CLERK NEXT RESOLUTION NO C34. NEXT ORDINANCE NO O3. 04/20/09 PAGE FIVE