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HomeMy WebLinkAboutMinutes - December 1, 2014 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY REGULAR MEETING MONDAY, DECEMBER 1, 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. Mayor Rocha called the meeting to order. Call to Order ROLL CALL: Roll call was taken by City Clerk Cornejo. Councilmember Carrillo joined the meeting Roll Call at 6:32 P.M. after roll call. PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA ABSENT: COUNCILMEMBERS: MACIAS ALSO PRESENT Elected. Officials: City Clerk Cornejo. Staff Members: Interim City Manager Penman, City Attorney Martinez, Information Officer Quiroz, Assistant/Deputy City Clerk Hernandez. CEREMONIAL Also Present Ceremonial The Council presented a proclamation to Ms. Maureen Fedail, Director of Host Town Special Olympic Proclo Spec World Games Los Angeles 2015, welcoming the athletes and coaches to Azusa. CLOSED SESSION The City Council Recessed to closed session at 6:37 P.M. to discuss the following: CONFERENCE WITH LABOR NEGOTIATORS Pursuant to California Government Code Section 54957.6. City Negotiator: Theresa St. Peter, Interim Human Resources Director Organizations: ACEA (Azusa City Employee Association), CAPP (Civilian Association of Police Personnel), AMMA (Azusa Middle Management Association) and Executive Management Employees. Olympics Closed Sess Labor Negot ACEA, CAPP, AMMA, Exec Mngmnt 2.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION.- Pursuant to Anticipated California Government Code, Section 54956.9(d)(2). Litigation 1 Potential Case. 3.PUBLIC EMPLOYEE APPOINTMENT Pursuant to California Government Code, Section Public Empl 54957. Appoint Title: City Manager. 4.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Existing California Government Code Section 54956.9(d)(1). Delgado Case Name: Bryan Delgado vs. City of Azusa, et al. Case No: BC538517, Los Angeles Superior Court The City Council reconvened at 7:30 P.M.; City Attorney Martinez announced that Councilmember Reconvene Macias was not present in closed session; Item No. 1, Council heard a presentation from the negotiator City Attorney for the ACEA & AMMA groups only, and there was no reportable action; Item No. 2 relating to a letter Report received by the City, dated November 12, 2014, from a Law Firm representing the Azusa Unified School District, regarding a threat of potential litigation, Council discussed the item and there was no reportable action; Item No. 3, Council briefly discussed the status of the City Manager's search, and there was no reportable action; Item No. 4 involved an existing litigation case, Council by a vote of 4-0, authorized the City Attorney's Office to enter into a Tolling Agreement with the plaintiffs on that case, the City denies any liability on the matter, and the tolling agreement will give the parties additional time to review that case. REGULAR MEETING Mayor Rocha called the meeting to order at 7:30 P.M. ROLL CALL: Roll call was taken by City Clerk Cornejo: PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS ALVAREZ , ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT Elected Officials: City Treasurer Vasquez, City Clerk Cornejo. Staff Members: Interim City Manager Penman, City Attorney Martinez, Police Chief Gonzalez, , City Engineer/Interim Public Works Director Bobadilla, Economic and Community Development Director Christiansen, Director of Recreation and Family Services Jacobs, Park Crew Supervisor Chavez, Information Officer Quiroz, Assistant/Deputy City Clerk Hernandez. Pledge to the flag was led by Mr. Tom Sanchez. Invocation was given by Bishop Jim Strong, Church of Jesus Christ of Latter -Day Saints. PUBLIC PARTICIPATION Regular Mtg Call to Order Roll Call Also Present Flag Salute Invocation Public Part Mr. Pablo Lucanera, Greenhouse Recycling, 975 W. Foothill Blvd., stated that his business is in the P. Lucanera process of closing, as they are being evicted from the property; he previously presented this issue to Comments Council and has been working with staff in finding a new location; the options that he presented to the Planning Department were not approved; he further stated that he serves approximately 2,000 Azusa residents, and again requested assistance from Council in finding a new location. Mr. Mikael Taylor addressed the meeting to invite everyone to the 3rd annual Get To Know Me Event, M. Taylor on December 11, 2014, 7:00 P.M. in the Azusa Civic Auditorium. Comments Economic and Community Development Director Christiansen addressed Mr. Lucanera's request, K. Christiansen stating that staff had been in communications with him; his business is located on a former Comments Redevelopment Agency property, and he was asked to vacate; staff recently received the State Controller's Audit Report, and that property is on the list of those that will be returned to the Agency, which will be put up for sale; in regards to the two sites that Mr. Lucanera presented to staff, one was Citrus Crossing, and the Police Department did not approve that type of use at that location; the second site, is currently under litigation and is a non -conforming use property; he further stated that he does not have the time or the staff to assist him to look for alternate sites. Interim City Manager Penman stated that Mr. Lucanera was welcome to present potential sites, same as any other applicant, and staff will review his requests to ensure that the properties are in conformance. REPORTS, UPDATES, COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rprts/Update Interim City Manager Penman informed the Council that staff received notice that a Federal Judge had D. Penman ordered $9 million in restitution from the 3 individuals who were convicted of setting the Colby Fire; Comments the individual's economic status is unclear, but the judge established priorities on how the proceeds are to be distributed; first priority would be individuals who suffered losses, second the home owners, and third the government agencies. I Mayor Pro -tem Gonzales request for proclamations for Police Captain John Momot and Senior Police Proclos for J. Officer Eric Sanchez, on their upcoming retirement from the City. Momot and E. Sanchez Moved by Mayor Pro -tem Gonzales, seconded by Councilmember Carrillo, to approve the request for proclamations, by the following vote of the Council: YES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE Mayor Rocha request to sponsor 2 Azusa High School Singer students, $100.00 each, to purchase Sponsorship for uniforms. 2 Azusa High School Singers Moved by Councilmember Carrillo, seconded by Councilmember Macias, to approve the request for sponsorship, by the following vote of the Council: 12/01/2014 PAGE TWO YES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE Mayor Pro -tem Gonzales announced the Annual Holiday Boutique and Tree Lighting Ceremony, on R. Gonzales December 7, 2014, 12:00 - 6:00 p.m., in front of City Hall; he requested that the meeting be adjourned Comments in memory of Ms. Anita Burrola Ramirez, a lifelong resident of Azusa. Councilmember Carrillo encouraged everyone to do their Christmas shopping locally, stating that there A. Carrillo is a variety of stores to shop in Azusa. Comments Councilmember Macias stated that he hoped everyone was prepared to safely make it through the U. Macias predicted storm on December 2, 2014; He wished a Happy Birthday to Ms. Berlin Ruiz, and to the City Comments of Azusa celebrating its 116th birthday of its incorporation on December 28, 1898. Councilmember Alvarez stated that he hoped everyone had a nice Thanksgiving; he announced an All E. Alvarez You Can Eat Flap Jack Fund Raiser, hosted by Citrus College School Veterans Club, on December 6, Comments 2014, 8:00-10:00 a.m., at Apple Bees, 377 N. Citrus, Azusa, CA. Mayor Rocha announced that the meeting would be adjourning in memory of Ms. Anita Burrola J. Rocha Ramirez; he made the following announcements: Yard Sales December 6-7, 2014; Care Packets will be Comments mailed to Service men and women, on December 6, 2014, he thanked City staff for their donations, additional donations can be made at City Hall up until December 4, 2014; Winter Fiesta, December 6, 2014; Cookies With Santa, December 6, 2014, 1:00-4:00 p.m. at the VFW Post 8070, proceeds will benefit Relay For Life; those who purchase a rain barrel may receive up to $75 incentive reimbursement from the City; he asked to keep service men and women in daily prayers. SCHEDULED ITEMS Sched Items APPOINTMENT OF RETIREE TO TEMPORARILY FILL A CRITICAL POSITION FOR THE H.R. CITY OF AZUSA. Temporary Position Interim City Manager Penman presented the item stating that the Public Employees' Pension Reform Act had made substantial changes; a particular provision prohibits employees to do post retirement work for more than 180 days; however, an exemption to the law, if the government body certifies that Ile appointment is necessary to fill a critically needed position, the 180 day requirement can be waived; 'Human Resources Technician Mortensen will retire at the end of 2014, and currently the work load in the Human Resources Risk Management Area is very heavy, in addition the current Human Resources Director is an Interim position, which needs to be filled; staff feels that Ms. Mortensen will be a valuable resource through this transition period. Moved by Mayor Pro -tem Gonzales, seconded by Councilmember Carrillo, to appoint Debbie Mortensen, on January 13, 2015, as a temporary part-time Human Resources Technician and certify that the appointment is necessary to fill a critical position for the City of Azusa, in compliance with state-wide pension reform laws (AB 340), 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-5, with the exception of Item D-4 , which was handled Calendar under the Special Call portion of the agenda, by the following vote of the Council: YES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE 1. The minutes of the regular meeting of November 17, 2014, were approved as written. Minutes ' 2. Resolution No. 14-C83 was adopted and entitled: Reso 14-C83 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 bid award and purchase of a new Zacatecas Park Restroom Facility, pre -fabricated and off site Zacatecas Park constructed restroom facility, from CTX Inc., an L.B. Foster Company, in the amount of Restroom $169,735.55, was approved, and based on the competitive bid process completed under the NJPA Facility (National Joint Powers Alliance) (City of Azusa Contract 4339911), the purchase was authorized under AMC Section 2-522(c), where the competitive bid process has already been completed. 4. SPECIAL CALL ITEM Spec Call 12/01/2014 PAGE THREE C 5. The following actions, regarding Tentative Tracts Nos. 54057-05 and 54057-06, were taken. Tract Maps 54057-05 and It was found that the project complied with the General Plan and was consistent with the approved 54057-06 tentative maps and any amendments thereto; the Agreements for Completion of Public Rosedale Improvements, for Tracts Nos. 54057-05 and 54057-06 to construct the required public improvements, were approved and the Interim City Manager was authorized to execute the same; the Faithful Performance Bonds in the amounts of $355,000 and $162,000, and the Labor and Materials Bonds in the amounts of $355,000 and $162,000 as guaranteed by Philadelphia Indemnity Insurance Company were accepted; the Monument Bonds of $10,000 and $5,000 to ensure the installation of the monuments for the projects were accepted; the information contained on sheet 7 of the map for Tract 54057-05 and on sheet 4 of the map for Tract 54057-06, showing the locations of geologic fault building setback lines to protect structures from potential seismic events, were acknowledged; the subject maps, approving the offers of dedication shown on said maps, were accepted; pursuant to Section 66436(a)(3)(A)(i-vii) of the Subdivision Map Act, it was found that the development of the property, in the manner set forth on the subject division of land, would not unreasonably interfere with the free and complete exercise of the easements held by Azusa Water Development and Irrigation Company, Monrovia Nursery Co., and Southern California Gas Company, and the maps without the signatures of said easement holders were accepted; the Final Tract Maps Nos. 54057-05 and 54057-06 were approved, and the City Clerk was authorized to endorse on the face of the maps the certificates, which embodied the approval of said maps and acceptance of grants and dedications. SPECIAL CALL ITEMS Spec Call INAUGURAL FACILITY USE AGREEMENT WITH AZUSA LITTLE LEAGUE SOFTBALL. Agreement Azusa Little Mayor Pro -tem Gonzales addressed the item stating that the language of the agreement should be League consistent with other similar youth sports agreements who qualify under the 50](C)(3) non-profit organizations, as this organization falls under the same category. City Attorney Martinez responded that there was no language requirement that needed to be included in the agreement regarding 501(C)(3) non-profit organization; however, if the organization fell under such category, he suggested that staff place such language in the agreement to indicate that the organization's status; he recommended that the following language be added to the agreement: Under Section 1 Parties and Date: add a comma and "a 50](C)(3) non-profit organization" and under Recital 2.03: add "is a California non profit organization organized pursuant to IRS code 501(C)(3). Moved by Mayor Pro -tem Gonzales, seconded by Councilmember Carrillo to approve the agreement between the City of Azusa and the Azusa Little League Softball, with the amendments noted, by the following vote of the Council: YES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE SUCCESSOR AGENCY RELATED BUSINESS Mayor 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. 14-1119, by the following vote of the Council: YES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE 12/01/2014 PAGE FOUR Seer Agency Reso 14-R19 Warrants ADJOURNMENT: It was consensus of the Council to adjourn the meeting in memory of Ms. Anita Burrola Ramirez, a lifelong resident of Azusa TIME OF ADJOURNMENT: 7:59 P.M. 9fTVCVW NEXT RESOLUTION NO. 2014-C84. (City) NEXT ORDINANCE NO. 2014-05. NEXT RESOLUTION NO. 2014-R20 (Former Redevelopment Agency) NEXT MEETING: December 15, 2014. 12/01/2014 PAGE FIVE Adjourn in Memory of A. Burrola Ramirez