CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, JUNE 15, 2009 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 Council Member Gonzales and Mayor Pro-Tem Macias presented Certificates of Recognition to the members of the Girls Varsity Softball Team of Gladstone High School. Council Member Hanks announced the names of Certificates of Recognition to members of the Girls Jr. Varsity Softball Team of Gladstone High School. Coach Randy Noriega acknowledged his Assistant Coach Jimmy Sanford and presented team members with their CIF patches. Ceremonial Cert of Recog Gladstone High Girls Varsity Softball Team Council Member Carrillo presented Certificate of Appreciation of Northrop-Grumman for Household Hazardous Waste Round Up Event and announced and thanked the Certified Used Oil Collection Centers as follows: Jiffy Lube, Dick s Auto Supply, Kragen Auto Parts, Y Tires, and Firestone. Cert of Apprec Northrop- Grumman HHWR CLOSED SESSION The City Council recessed to Closed Session at 6:55 p.m. to discuss the following: Closed Sess Recess 1. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: City Manager Delach and Administrative Services Director-CFO Kreimeier Organizations IBEW 2. 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 Real Prop Negotiations a. CBS BILLBOARD Negotiating Parties: 809 N. Azusa City of Azusa and City of Azusa Redevelopment Agency/CBS Outdoor (aka Viacom Outdoor) CBS Billboard b. NEC AZUSA/ARROW 17511 E. Arrow Hwy /Fowler 17525 E. Arrow Hwy c. ATLANTIS GARDEN PROJECT 611 East Lime Avenue (8612-001-040) Negotiating Parties: James Youngstrom 610 East 6 th Street (8612-001-018) Negotiating Parties: Ernesto & Elena Castruita 670 East 6 th Street (8612-001-024) Negotiating Parties: Ernesto & Elena Castruita Azusa/Arrow Atlantis Gardens d. DOWNTOWN NORTH (A-2 & A-3 SITES) 858 N. Azusa Avenue, Azusa, CA 91702 832 N. Azusa Avenue, Azusa, CA 91702 Negotiating Parties: Alexios & Tashia Vagenas
826 N. Azusa Avenue, Azusa, CA 91702 830 N. Azusa Avenue, Azusa, CA 91702 Negotiating Parties: Donna M. Matson 812 N. Azusa Avenue, Azusa, CA 91702 801 N. Alameda Avenue, Azusa, CA 91702 810 N. Alameda Avenue, Azusa, CA 91702 803 N. Dalton Avenue, Azusa, CA 91702 805 N. Dalton Avenue, Azusa, CA 91702 e. TARGET SITE 110 190 West 9th Street, Azusa, CA 91702 Negotiating Parties: City and City of Azusa Redevelopment Agency 802 N. San Gabriel Avenue, Azusa, CA 91702 809 N. Azusa Avenue, Azusa, CA 91702 MTA Site - APN# 8608-024-900 f. 624-630 North San Gabriel Avenue Negotiating Parties: City and City of Azusa Redevelopment Agency/WIC and Diapers 4 Less (Tenants) g. 229 S. Azusa Avenue (APN 8614-014-058) Negotiating Parties: City and City of Azusa Redevelopment Agency/Rogers Lillie M. 229 S. Azusa Avenue (APN 8614-014-056) Negotiating Parties: City and City of Azusa Redevelopment Agency/Rogers Lillie M. Negotiating Parties: (APN 8614-014-057) - No Address City of Azusa and City of Azusa Redevelopment Agency/Rogers Clifton & Lillie/Roger C & L /tr Target Site 624-630 N. San Gabriel 229 S. Azusa Ave The City Council reconvened at 7:36 p.m. City Attorney Richardson advised that there was no reportable action taken in Closed Session. Mayor Rocha called the meeting to order. Director of Utilities Joseph F. Hsu led in the Flag salute. INVOCATION was given by Pastor Woody Calvary of Praise Chapel Azusa ROLL CALL Reconvened No Reports Call to Order Flag Salute Invocation Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ALSO PRESENT: Also Present City Attorneys Richardson and Hull, 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, Administrative Technician Cawte, Assistant to Director of Utilities Kalscheuer, Public Information Officer Quiroz, Assistant Community Development Director McNamara, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Mr. Mike Lee addressed Council commenting on the following: meeting at Slauson School regarding graffiti and huffing, success of Flag Day celebration, LA Lakers, Mountain Cove Congressional candidates forum and Glendora School District, and he wished good luck to Mr. Hsu and Mr. Tovar on their retirement. Ms. Blanch Weir addressed Council announcing the success of the Wheel Chair Day event held in April and thanked all who participated, with special thanks to Israel Del Toro and Martin Quiroz, Azusa staff. Pub Part M. Lee Various B. Weir 06/15/09 PAGE TWO
Executive Director of the Azusa Chamber of Commerce Irene Villapania provided an update on Chamber of Commerce Events. Ms. Madelyn Payne announced the upcoming Library Book Sale to be held on June 20, 2009, from 10:00 a.m. to 3:00 p.m. at Slauson Park. She also announced that on Wednesday at the Azusa Armory they will be donating books to soldiers who have gone to Kosovo in 2008. Mr. Jorge Rosales addressed Council with questions on items F-1, F-2, and F-3, regarding the PSA for the Atlantis Gardens. He asked about compliance with State Law, Government Code, Health and Safety Code with regard to appraisals, cost, etc. Mr. Leo Abrazaldo addressed Council requesting information and clarifying regarding rental housing as he owns property in Azusa. Mr. Robert Steele addressed Council regarding the Water Rate Increase stating he is not opposed to the increase but is opposed to the increase to the meter service charge. Mr. Richard Deem of Save Our Canyon, addressed Council expressing his opposition to the Vulcan plan as he has read on line and stated he will be presenting his findings at 7 p.m. at the Senior Center. City Manager Delach responded to questions posed regarding Mountain Cove students going to Glendora schools, the City has no jurisdiction over that type of situation, with regard to Relocation act there are no tenants in occupancy at the properties being purchased at Atlantis Gardens. City Attorney Hull also responded stating that the acquisition units are vacant, plus there have been tenant waivers, etc. Discussion was held regarding process. Mr. Abrazaldo was asked to call City Manager regarding rental housing. I. Villapania Chamber M. Payne J. Rosales L. Abrazaldo R. Steele R. Deem City Mgr Response REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Moved by Councilmember Gonzales, seconded by Mayor Pro-Tem Macias and unanimously carried to approve certificates of recognition for the sponsors of the Kids Come First Golf Tournament held on June 5, 2009, as follows: Vulcan Materials, Athens Services, Jan s Towing, Tierra West Advisors, Rich Development Co., Waste Management, Canyon City BBQ, Veolia Environmental Services, Best, Best & Krieger. Leila Hassen, Youth Services Librarian from the Azusa City Library, announced this year s Summer Reading Program: Be Creative @ Your Library, to be conducted from June 22nd through August 4th. City Manager Delach provided an update on the feasibility of a drop off and pick up zone for students in front of Lee School, stating that the City has received a Safe Route to Schools Grant and will dedicate it to the area around Lee School, it has to be used for street improvement, but is not certain of the full plan yet. Mayor Pro-Tem Macias wished a happy birthday city employees Linda Vasquez, Ruby Toledo, Tina Cravens and James Makshanoff. Councilmember Hanks congratulated Human Relations Commissioner Diana Williams for receiving a meritorious service award by the City of Los Angeles Board of Public Works. He provided an update on the Gold Line as follows: Last week MTA Board met and will delay a vote for the Long Range Transportation Plan to July. There are funds transfer from Measure R into the Gold Line Project of $10 million in the first year and progresses on through the year 2017, which may be sufficient to allow the construction of the track to Azusa by the year 2013; he encouraged them to move operational money forward. Councilmember Gonzales thanked the staff of Slauson for hosting the tagging/huffing workshop held last week presented by the Azusa Police Department. He talked about huffing issue and asked if the City could consider an ordinance which prohibits possession of aerosol cans used for huffing. City Attorney responded he would look into the constitutionality of such an ordinance. Councilmember Gonzales then congratulated graduates of Gladstone, Sierra and Azusa high schools and wished fathers a Happy Father s Day and all a safe 4 th of July. Councilmember Carrillo warned the public about the dangers of the river in the canyon and announced the cooling centers in Azusa, i.e. Senior Center, Library, and Recreation Center. He also reminded all that there will be more kids out on the street now that school is out. He provided his thoughts on huffing and congratulated both Little leagues, all graduates of Azusa schools and wished fathers a Happy Fathers day. Mayor Rocha asked the meeting be adjourned in memory of Lucy Dominguez Naranjo and Mario Martinez. He talked about the success of the Flag Day Ceremony and asked that the servicemen be kept in prayer with special thanks and congratulated all graduates. He wished all a Happy Father s Day, announced the Summer Splash on Saturday at 11 a.m., Memorial Park Anniversary on July 25th and the beginning of Summer Concerts in the Park. Updates/cncl Cert of Rec Kids Come First Sponsors L. Hassen Anncmts City Mgr Lee School Drop Off Macias Hanks Gonzales Carrillo Rocha 06/15/09 PAGE THREE
SCHEDULED ITEMS PUBLIC HEARING - WATER RATE ADJUSTMENTS FOR JULY 1, 2009 AND JULY 1, 2010. Director of Utilities Hsu presented the report on the proposed Water Rate Increase stating that notice was provided to all property owners, staff provided the 45 day notice as required, three protest letters were received and one in person. He presented the reasons for the increase as follows: Downturn in Economy - reduced Expected Growth in retail Water Sales, 17.8% Reduction in Consumption due to Conservation - Reduced Revenues, Sub-Meter charge Deleted in 2008 reducing revenues by $750,000 and increased Debt Service Obligations - $3 million annually. He presented and detailed the following: Financial Summary which included Funding Shortfall and Proposal, a Rate Adjustment Plan, the Rate Adjustment Option Selected, Monthly Meter Services Charges, Alternative 3 - Conservation Schedule Commodity Rates (FY 09-10), Emergency Rate Structure Rates & Tier Breakpoints (FY 09-10), 2009 Water Rate Survey - Bi-Monthly rates, Monthly Cost for 12 ccf, Consumer Costs - 17CCF, and Outcome of New Rates which would Maintain a Viable Water Utility Operation, Meet Minimum Debt Coverage Ratio in 2 years & maintain Good Credit Ratings, continue to Finance Water Capital Improvements from Operating Incomes and Help Maintain Reserve for Emergency. The Mayor declared the Hearing open. City Clerk Mendoza advised that there was a Certificate of Mailing which was mailed on April 28, 2009, and advised that three letters of protest have been received. Testimony was received from Mr. Jorge Rosales who stated that he has reviewed the proposal and it is reasonable and fair because the Utility Department will be absorbing much of the cost of the increases with its reserves and the consumer will absorb approximately one third. Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously carried to close the Public Hearing. After Council comments the following motion was made: Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously carried adopt Resolution No, 09-C46, approving two rate increases, one effective July 1, 2009, to increase revenues by 18% over last year s revenues; and second effective July 1, 2010, to increase revenues by 15.6%. Sched Items Public Hrg Water Rate Inc J. Hsu Presentation Hrg open Testimony J. Rosales Hrg Closed Discussion Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, TO ADOPT NEW WATER RATES EFFECTIVE JULY 1, 2009, AND JULY 1, 2010. Res. 09-C46 Increase Appvd Moved by Councilmember Hanks, seconded by Councilmember Gonzales to waive further reading and Mayor Pro-Tem Macias requested that staff provide him with information regarding the budget reductions from Light and Water; it will be provided to all Councilmembers. Information to Cncl PUBLIC HEARING REFUSE RATE ADJUSTMENT. Assistant to the Director of Utilities Kalscheuer addressed Council presenting the Refuse Rate Adjustment in accordance with the Exclusive Franchise Agreement with Athens Services for refuse collection and recycling services. He noted the Consumer Price Index change which was a reduction of -0.9% and the per ton landfill rate increase of $4.40, he detailed the calculations and impacts to residential and commercial customers. He responded to questions posed stating that the average increase per year for residential is two to three percent. The Mayor declared the Hearing open. The City Clerk advised that the notice of Hearing was mailed to residents in English and Spanish and no protests have been received. Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried close public hearing. Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously carried to adopt Resolution No. 09-C47, approving amendment number thirteen to the Exclusive Franchise Agreement with Athens Services. Pub Hrg Refuse Rate Adjustment Hrg open Testimony/none Hrg Closed Amendment Approved Councilmember Gonzales offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, APPROVING THE THIRTEENTH AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT WITH ARAKELIAN ENTERPRISES TO AMEND THE SERVICE RATES AND FEES FOR THE PERIOD OF JULY 1, 2009 THROUGH JUNE 30, 2010. Res. 09-C47 Refuse Rate Amendment 06/15/09 PAGE FOUR
Moved by Councilmember Gonzales, seconded by Councilmember Carrillo to waive further reading and RESOLUTION TO SCHEDULE PUBLIC HEARING FOR JULY 7, 2009, TO CONSIDER EXTENSION OF THE ELECTRICAL DISTRIBUTION FRANCHISE TO THE SOUTHERN CALIFORNIA EDISON COMPANY. Director of Utilities Hsu addressed Council presenting item stating that it is seeking approval to hold a public hearing to consider granting an Electric Franchise to Southern California Edison. He provided a brief history and background of the Edison Franchise and responded to questions regarding confidential utility maps, underground alert, and Edison customers within the City boundaries. Sched PH Extend Franchise Edison Councilmember Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DECLARING ITS INTENTION TO GRANT AN ELECTRIC FRANCHISE TO SOUTHERN CALIFORNIA EDISON Moved by Councilmember Carrillo, seconded by Mayor Pro-Tem Macias to waive further reading and Res. 09-C48 PH Edison Franchise The CONSENT CALENDAR consisting of Items D-1 through D-12 was approved by motion of Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried with the exception of item D-10 which was considered under the Special Call portion of the Agenda. 1. The minutes of the regular meeting of June 1, 2009, were approved as written. 2. Human Resources Action Items were approved as follows: Merit Increase and/or Regular Appointments: N. Covarrubias, Police Officer. Reclassification: S. Ovrom, Senior Management Analyst. Separation: A. Tovar, effective June 30, 2009. 3. Approval was given for the Police Department to purchase one used, unmarked four door sedan for our special enforcement team (S.E.T.) task force, in the amount of $18,625.31 (inclusive of tax, title and license fees) from CARMAX located in the City of Duarte. 4. Approval was given for the renewal of the Operating Contract for the Azusa City Jail with the Wackenhut Corporation for another five year term and to authorize the City Manager to sign agreement. 5. Approval was given to support Senate Bill 484 which will require a prescription prior to the sale of products containing pseudoephedrine. Pseudoephedrine is the key ingredient in the manufacture of methamphetamine. 6. Approval was given to approve FRJ & Associates to administer the City s Single Family Housing Rehabilitation Program, and authorize execution of the agreement, which is renewable annually up to three years. 7. In accordance with Section 2-523(d), under Article VII, Bidding and Contracting, of the Azusa Municipal Code, approval was given for the issuance of a purchase order to purchase Street Lights for the Rosedale Development in an amount not to exceed $42,172, to Wesco Receivables Corp., of Santa Fe Springs, CA. 8. In accordance with Sections 2-523 and 2-524, under Article VII, Bidding and Contracting, of the Azusa Municipal Code, approval was given for the issuance of Blanket Purchase Orders, in an amount of $10,000 or more, detailed on the schedule. 9. The Mayor was authorized to sign the MOU between jurisdictions and the City of Los Angeles for the Recovery Act Edward Byrne Memorial JAG program. The grant award for the City of Azusa is $93,571.53. 10. SPECIAL CALL ITEM. 11. Approval was given to execute the agreement with LA Works for Fiscal Year 2009/10 in an amount not to exceed $57,087. Consent Calendar Approved D-10 Spec Call Min appvd HR Action Items Pur of vehicles Police Dept Wackenhut Corp Contract Jail Operation Support Senate Bill 484 Agmt FRJ & Assoc. Hsg Rehab Pur Street Lights Rosedale Dev Blanket P.O. s MOU JAG Program Spec Call LA Works Agreement 06/15/09 PAGE FIVE
12. 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 Councilmember Carrillo addressed the item D-10 regarding purchase and installation of furniture, asking if the City is bound by law to take the lowest bidder if the bid is very close in amount and if consideration can be given if the company is in Azusa. City Attorney Richardson responded stating that the City is bound by State Law unless the bid is less than 1 percent. Moved by Councilmember Carrillo, seconded by councilmember Gonzales and unanimously carried to award the contract to D&R Office Works of El Monte in an amount of $22,986.69 for the purchase and installation of furniture. THE CITY COUNCIL AND REDEVELOPMENT AGENCY CONVENED JOINTLY AT 9:33 P.M. TO CONSIDER THE FOLLOWING: JOINT PUBLIC HEARING - ON THE FIRST AMENDMENT TO THE 2008 DISPOSITION AND DEVELOPMENT AGREEMENT WITH TARGET CORPORATION FOR THE DEVELOPMENT OF A TARGET STORE AT 809 NORTH AZUSA AVENUE. Economic and Community Development Director Christianson addressed the Joint Public Hearing stating that this is the first amendment to the DDA with Target and the three adjustments are as follows: Developer shall obtain the CEC (Capital Expenditure Committee) Commitment no later than October 16, 2009, the Developer shall have thirty-five days from the date of the written notice to obtain the CEC Commitment and open the Escrow and if Developer fails to obtain CEC Commitment and open the Escrow during the said thirty-five days the Agency may terminate this Agreement and pursue any other development project or disposition of the property without liability to the Developer; City Attorney Hull detailed. Mr. Karem Ali, representative of Target addressed the Public Hearing and responded to questions posed. The Mayor/Chairman declared the Joint Public Hearing open. The City Clerk/Secretary read the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on June 4, 2009. Testimony was solicited but none was received. Moved by Mayor Pro-Tem Macias, seconded by Councilmember Carrillo and unanimously carried to Close the Joint Public Hearing. Res. 09-C 49 Warrants Spec Call Items Carrillo Purchase & Install Furniture Approved D&R Office Works Convene jntly Jnt Pub Hrg Amend DDA Target K. Christianson Hrg open Testimony/none Hrg closed Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING A FIRST AMENDMENT TO THE 2008 DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND TARGET CORPORATION. Res. 09-C50 Appvg Amend DDA Target Moved by Councilmember Hanks, seconded by Councilmember Carrillo to waive further reading and Director Gonzales offered a Resolution entitled: A RESOLUTION OF THE GOVERNING BOARD OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, CALIFORNIA, APPROVING A FIRST AMENDMENT TO THE 2008 DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND TARGET CORPORATION. Res. 09-R31 Appvg Amend DDA Target Moved by Director Gonzales, seconded by Director Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT 9:42 P.M. THE CITY COUNCIL RECONVENED AT 9:47 P.M. CRA Convene Cncl reconvened 06/15/09 PAGE SIX
It was consensus of Councilmembers adjourn in memory of Pastor Sahlen Velasquez of Jesus Is Lord Church in Azusa and Mr. Mario Martinez. TIME OF ADJOURNMENT: 9:48 P.M. Adjourn in Memory of Pastor Sahlen Velasquez and Mario Martinez CITY CLERK NEXT RESOLUTION NO. 2009-C51. NEXT ORDINANCE NO. 2009-O3. 06/15/09 PAGE SEVEN