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HomeMy WebLinkAboutMinutes - December 18, 2017 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY REGULAR MEETING AND SPECIAL UTILITY BOARD MEETING MONDAY, DECEMBER 18, 2017 – 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 at 6:33 P.M. ROLL CALL: Roll call was taken by City Clerk Cornejo. PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA ABSENT: COUNCILMEMBERS: ALVAREZ ALSO PRESENT Elected Officials: City Clerk Cornejo. Staff Members: Interim City Manager Penman, City Attorney Martinez, City Attorney Hull, Director of Economic and Community Development Christiansen, Director of Finance Johnson, Director of Human Resources and Risk Management Bragg, Neighborhood Services Coordinator Quiroz, and Chief Deputy City Clerk Garcia. CEREMONIAL 1. A plaque was presented to Mr. Joe Jacobs, Recreation and Family Services Director in recognition of his retirement after 36 years of service to the City of Azusa. CLOSED SESSION PUBLIC COMMENT Mr. Jorge V. Rosales expressed his opinion on the lawsuits referenced in Closed Session Item 3 and felt that the lawsuits should be dropped. The City Council recessed to closed session at 6:42 P.M. to discuss the following: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to California Government Code, Section 54956.8. Property Address: 943 N. Vernon Avenue, Azusa CA 91702, APN: 8605-015-907 Agency Negotiator(s): Don Penman, Interim City Manager; Kurt Christiansen, Director of Community & Economic Development Negotiating Parties: Dave Killackey, Performance Truck Repair Under Negotiation: Amended Price & Terms of Payment for Property Purchase 2. CONFERENCE WITH LEGAL COUNSEL -WORKERS COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.95. Case Name: Peter Hoh v. City of Azusa; WC Claim Nos. AZUA-0283, AZUA-0411, AZUA-0422, AZUA-1706, AZUA-2174, AZUA-2339, AZUA-CJP037914AZ 3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION - Pursuant to California Government Code, Section 54956.9(d)(1). A. Case Name: Jason Poulos and Brandon Bailey v. City of Azusa.; Case No. 2:17-CV-04520–DMG (AGR); and B. Case Name: Evan Atencio and Dennis Tremblay, on behalf of themselves and all similarly situated individuals v. City of Azusa (5:17-CV-01892-DMG-AGR) REGULAR SESSION Mayor Rocha called the meeting to order at 7:31 P.M. ROLL CALL: Roll call was taken by City Clerk Cornejo. PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA ABSENT: COUNCILMEMBERS: ALVAREZ ALSO PRESENT Elected Officials: City Clerk Cornejo, City Treasurer Vasquez. Staff Members: Interim City Manager Penman, City Attorney Martinez, City Attorney Hull, Chief of Police Hunt, Director of Public Works/City Engineer Bobadilla, Director of Human Resources and Risk Management Bragg; Director of Economic and Community Development Christiansen, Director of Recreation and Family Services Jacobs, Senior Management Analyst Lacasella, Recreation Superintendent Gonzales, Recreation Superintendent Chavez, Recreation Supervisor Gonzales, Neighborhood Services Coordinator Quiroz, and Chief Deputy City Clerk Garcia. The Pledge of Allegiance was led by Ms. Melisa Dominguez. The invocation was given by Interim City Manager, Don Penman. CLOSED SESSION REPORT The City Council reconvened at 7:31 P.M.; City Attorney Martinez announced the following regarding Closed Session: Item 1: Council heard from its negotiating team, discussed possible amended terms regarding the purchase and provided direction, no further reportable action; Item 2: Council provided direction to its workers compensation attorney, no further reportable action; and Item 3: Council heard a presentation from legal counsel and provided direction, no further reportable action. PUBLIC COMMENT Mr. Jorge V. Rosales thanked and commended Recreation and Family Services Director Jacobs for his service to the City of Azusa; expressed his support of the recommendation for Item D-2; suggested the use of drought tolerant plant materials on street medians; commended Director of Public Works/City Engineer Bobadilla for the use of rubberized asphalt on Sierra Madre Avenue; and expressed his opposition to the recommendation for Item E-10 stating that more than one bid should have been received. Ms. Stephanie Martenzi spoke on behalf of the Azusa Woman’s Club to express concerns regarding the award of The Azusa Woman’s Club catering services contract to The Bashful Butler and inquired about the RFP process. Mr. Andrew Mendez wished Councilmember Alvarez a speedy recovery and expressed concerns with traffic and pedestrian safety on Azusa Avenue near the railroad tracks and the east entrance to Target. Ms. Melisa Dominguez addressed the Council to express her displeasure with the handling of complaints that she filed with the Police Department and the City Manager. In response to comments made, Interim City Manager Penman stated that Staff would address the inquiries regarding the RFP process at the time that the item is heard; and further stated that he was previously in contact with Ms. Dominguez and would meet with her once she submitted her paperwork to him so that he can understand the issues. Director of Public Works/City Engineer Bobadilla responded to the traffic and concerns on Azusa Avenue stating that Staff and consultants are currently working with Metro and the California Public Utility Commission to find ways to improve the traffic situation; once the report is available, it will be presented to the Council. REPORTS, UPDATES AND ANNOUNCEMENTS FROM STAFF/COUNCIL 1. City Clerk Cornejo gave notice that the following City Board and Commissioners terms of office have expired: 2 positions Cultural & Historic Preservation Commission The following City Commissioner term of office has been vacated and will expire on September 30, 2018: 1 position Cultural & Historic Preservation Commission Applications for the positions would be accepted in the Office of the City Clerk through 5:00 p.m. on Thursday, January 11, 2017. Applications to be available in the Office of the City Clerk - 213 East Foothill Boulevard, City Library - 729 North Dalton Avenue, Light & Water Department – 729 N. Azusa Avenue, Police Department – 725 N. Alameda Avenue, and the City’s Web Page www.ci.azusa.ca.us. Mayor Pro-Tem Macias congratulated Director of Recreation and Family Services Jacobs on his retirement; thanked Public Works for repairing the fence near Lee School; gave an overview of the City’s sales tax report and expressed his excitement with the City’s growth; inquired about the process to appoint a resident to a vacant seat for the Canyon City Foundation as requested by the Foundation; wished everyone a Merry Christmas and Happy New Year; and wished Councilmember Alvarez a speedy recovery. PAGE TWO – 12/18/2017 Councilmember Gonzales wished everyone a Merry Christmas and Happy New Year; expressed his excitement with the City’s growth; thanked Staff for their hard work; thanked Director of Recreation and Family Services Jacobs for the work he has done for the community; and requested that the meeting be adjourned in memory of Ms. Shirley Clark, Lifelong Azusa Resident. Councilmember Carrillo thanked Director of Recreation and Family Services Jacobs for his years of service and wished him the best in his future endeavors; thanked Staff, commissioners, volunteers, and colleagues for their service; wished everyone a Merry Christmas, Happy Hanukkah, and a Happy and Prosperous New Year; and requested that the meeting be adjourned in memory of Mr. Frank Napolitano, husband of Congresswoman Grace Napolitano. Mayor Rocha announced that the meeting would be adjourned in memory of Ms. Irene Benitez Campos, Lifelong Azusa Resident; Ms. Andrea Dominguez, Longtime Azusa Resident; and Ms. Shirley Clark, Lifelong Azusa Resident. He thanked the Azusa Chamber of Commerce for their 11th Annual Food and Toy Drive, Relay for Life for Cookies with Santa, Knights of Columbus for their appreciation dinner for the first responders, Fire Chief Enriquez for donating toys, the Azusa Veterans Committee and City Staff for the holiday care packages for the soldiers overseas; announced the following events: December 22 - Milton Family Annual Food and Toy Drive, and December 23 - Toy Drive at Lee School; gave an update on Councilmember Alvarez; and wished everyone a Merry Christmas and Happy New Year. 2. Developer presentation on Block 36 (Southeast corner of Azusa Avenue and Foothill Boulevard, generally located East of Azusa Avenue, South of Foothill Boulevard, West of Dalton Avenue, and North of 6th Street, Assessor Parcel Number (APN) 8611-003-921.) Mr. Jason Tolleson, Serrano Development Representative, provided updates on the Block 36 project which is scheduled to begin construction in February 2019. Mr. Greg Laemmle, Laemmle Theaters, responded to questions from the Council stating that the company is in the process of opening two other theaters in the Southern California area. Mr. Rick Aiken, Senior Principal WHA Architects Inc., gave a presentation and an overview of the project design. In response to questions posed by the Council, Mr. Tolleson provided a detailed overview of project milestones and agreed to provide monthly updates to the Council; and Director of Economic and Community Development Christiansen provided a timeline and options for expediting the plan check process. Mr. Dan Bacani, NAI Capital, provided an update on marketing and prospective retailers. In response to a question posed by the Council, Mr. Tolleson discussed financing for the project. 3. Status of Development Projects Director of Economic and Community Development Christiansen provided an update on ongoing development projects in the City. In response to questions posed by the Council, he stated that Staff would work with the City Attorney on finding a way to start work on The Great Park; the project on Azusa Avenue and 5th Street is in plan check and moving forward; Staff would be in contact with the Azusa Postmaster regarding possible sites for the post office relocation; and Staff will work to have a different developer provide an update at the second council meeting of each month. SCHEDULED ITEMS THE UTILITY BOARD MEETING WAS CONVENED JOINT PUBLIC HEARING – AMEND FISCAL YEAR 2017-18 CITY BUDGETS FOR RETROACTIVE PAYMENTS TO EMPLOYEES FOR CHANGES IN FLSA REGULATIONS Finance Director Johnson presented the Staff Report and provided an overview of the changes to the Fair Labor Standards Act (FLSA) regulations which now require employers to include cash-in-lieu of health coverage payments in the regular rate of pay for the calculation of overtime. Staff recommended the adoption of two Resolutions to amend the City and Utility Funds budgets for a total of $1.5M. Mayor Rocha declared the hearing open. City Clerk Cornejo read the affidavit of proof of publication published on December 8, 2017, in the San Gabriel Valley Tribune. Public Comment Mr. Jorge V. Rosales addressed the Council to thank Finance Director Johnson for promptly responding to his questions regarding the item and commended her for her hard work. He also inquired about the Utility Funds out of which each employee is to be paid. PAGE THREE – 12/18/2017 Moved by Councilmember/Boardmember Carrillo, seconded by Councilmember/Vice Chair Gonzales, and carried by the following vote of the Council/Board to close the public hearing. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALVAREZ Councilmember Gonzales offered Resolution No. 2017-C78 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE CITY OF AZUSA FOR THE FISCAL YEAR COMMENCING JULY 1, 2017 AND ENDING JUNE 30, 2018 IN THE AMOUNT OF $1,000,000 FOR RETROACTIVE PAYMENTS OF OVERTIME TO EMPLOYEES FOR CHANGES IN FLSA REGULATIONS Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and carried by the following vote of the Council to adopt Resolution No. 2017-C78 and authorize Payroll Staff to move forward with recommended retroactive payments in accordance with the calculations outlined in the Staff Report. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALVAREZ Finance Director Johnson responded to the public comments made stating that distribution accounts are set up for each employee, payments will be processed through a special payroll, and the charges for each employee will go to their current distribution. Vice Chair Gonzales offered Resolution No. 2017-UB-15 entitled: A RESOLUTION OF THE CITY COUNCIL/UTILITY BOARD OF THE CITY OF AZUSA AMENDING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE UTILITIES FOR THE FISCAL YEAR COMMENCING JULY 1, 2017 AND ENDING JUNE 30, 2018 IN THE AMOUNT OF $500,000 FOR RETROACTIVE PAYMENTS OF OVERTIME TO EMPLOYEES FOR CHANGES IN FLSA REGULATIONS Moved by Vice Chair Gonzales, seconded by Boardmember Carrillo and carried by the following vote of the Utility Board to adopt Resolution No. 2017-UB-15; and authorize Payroll Staff to move forward with recommended retroactive payments in accordance with the calculations outlined in the Staff Report. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALVAREZ SPECIAL UTILITY BOARD MEETING CONSENT CALENDAR ACCEPTANCE OF GRANT OF EASEMENT FROM CTPR AZUSA, LLC Boardmember Carrillo offered Resolution No. 2017-UB-14 entitled: A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING A CERTAIN GRANT OF PERMANENT EASEMENT AND DIRECTING THE RECORDING THEREOF Moved by Boardmember Carrillo, seconded by Boardmember Rocha and carried by the following vote of the Utility Board to adopt Resolution No. 2017-UB-14; and authorize the City Clerk to file the easement documents in the Office of the Los Angeles County Recorder. THE SPECIAL UTILITY BOARD MEETING WAS ADJOURNED CONTINUANCE FROM THE COUNCIL MEETING OF DECEMBER 4, 2017 REGARDING THE AWARD OF CONTRACT FOR CONTRACTING OF RENTALS AND CATERING SERVICES FOR THE AZUSA WOMAN’S CLUB TO THE BASHFUL BUTLER Interim City Manager Penman presented the Staff Report stating that, at the direction of the Council, Staff met with the Azusa Woman’s Club Executive Board to address various concerns which included poor management of the facility, food quality, damages to the building, and the cost of the food and Staff also provided the Woman’s Club with a list of the 23 vendors that received the Request for Proposals (RFP). He gave an overview of the meeting between Director of Recreation and Family Services Jacobs, Recreation Supervisor Gonzales, Mayor Pro-Tem Macias, Councilmember Carrillo, and the Azusa Woman’s Club Executive Board which included discussion of the various issues and the reasons for the disqualification of Restaurant Republic. Extensive discussion ensued regarding the meeting with the Woman’s Club, concerns that were raised by the Woman’s Club, the RFP process, and the term of The Bashful Butler contract. It was the consensus of the Council to approve a one year contract with a review of the contract after a six (6) month period. PAGE FOUR – 12/18/2017 Moved by Mayor Pro-Tem Macias, seconded by Councilmember Carrillo and carried by the following vote of the Council to award a contract to The Bashful Butler to approve a contract for a (1) year term with a six (6) month review; and authorize the Interim City Manager to execute the contract, in a form acceptable to the City Attorney, on behalf of the City. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALVAREZ CONSIDERATION OF AMENDMENTS TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS JOINT POWERS AGREEMENT TO INTEGRATE THE ALAMEDA CORRIDOR EAST CONSTRUCTION AUTHORITY Interim City Manager Penman provided background on the San Gabriel Valley Council of Governments (COG), the integration of the Alameda Corridor East Construction Authority (ACE), and the Fourth Amended and Restated Joint Exercise of Powers Agreement which must be ratified by a majority of COG’s member agencies in order for the changes to be instituted; and gave an overview of the pros and cons of adopting the Resolution. The Council may choose to adopt Resolution No. 2017-C79 approving the amendments to the COG Joint Powers Agreement or to take no action on the agreement. Discussion ensued regarding the unfunded liability amounts of ACE, exposure to liability, and the proposed options. It was the consensus of the Council to take no action on the proposed agreement. Resolution No. 2017-C79 was not adopted. DISCUSSION REGARDING CITY STREET MEDIANS Senior Management Analyst Lacasella presented the Staff Report stating that Staff compiled a report summarizing State water restrictions regarding City street medians, recent City median projects completed, and options to consider regarding future project locations, landscape designs, cost estimates, and funding. In response to a question posed by the Council, Recreation Superintendent Chavez responded that the best method to maintain artificial turf would be by blower. Discussion ensued regarding funding, the Governor’s Executive Order B-37-16, the possibility of one day watering, and Council priorities. It was the consensus of the Council to revisit the topic during the upcoming budget sessions. CONSENT CALENDAR: Moved by Mayor Pro-Tem Macias, seconded by Councilmember Gonzales and carried by the following vote of the Council, to approve Consent Calendar Items E-1 to E-11. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALVAREZ 1. The minutes of the Regular Meeting of December 4, 2017 were approved as written. 2. Resolution No. 2017-C80 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. 3. The Human Resources Action Items were approved in accordance with the City of Azusa Civil Service Rules Section 5.7.5 and applicable Memorandum of Understanding(s). 4. The Measure H Homeless Initiative Planning Grant from the County of Los Angeles was accepted; and the Interim City Manager was authorized to enter into a Grant Agreement, in a form acceptable to the City Attorney, on behalf of the City. 5. The City Treasurer’s Statement of Cash and Investment Balances for the month of October 2017 was received, reviewed, and filed. 6. The project improvements for the Sierra Madre Avenue Street Rehabilitation Project No. 66117H were accepted and Staff was authorized to file a Notice of Completion. 7. The list of contract agreements executed by the City Manager for the month of October 2017 was received and filed. 8. The competitive bidding process as authorized under Azusa Municipal Code Section AMC Section 2-520 (b)(2), which provides exceptions for sole source providers of commodities which have specific compatibility components with existing city products was waived; the purchase of 1 Motorola MCC7500 Dispatch Console Radio and 1 Motorola APX 7500 Consolette, and Support Equipment not to exceed $160,198 was authorized; and the Interim City Manager was authorized to execute the Purchasing Agreement on behalf of the City. PAGE FIVE – 12/18/2017 9. A letter of support for the Metro Gold Line Foothill Light Rail Extension Transit and Intercity Rail Capital Program (TIRCP) grant application was approved. 10. A Professional Services Agreement with KJServices Environmental Consulting for CalRecycle Payment Programs in an amount-to-exceed $20,000 per fiscal, year was approved; and the interim City Manager was authorized to execute the agreement on behalf of the City. 11. The transfer of an existing Professional Services Agreement with HR Green California, Inc. to HR Green Pacific, Inc. was approved; and the Interim City Manager was authorized to execute a letter transferring the Agreement on behalf of the City. ORDINANCES/SPECIAL RESOLUTIONS SECOND READING OF ORDINANCE NO. 2017-14 AMENDING CHAPTER 88.22 – NEIGHBORHOODS, AMENDING SECTION 88.30.014 – DWELLING UNIT MINIMUM FLOOR AREA, AMENDING SECTION 88.36.050 – NUMBER OF PARKING SPACES REQUIRED – TABLE 3-7 PARKING REQUIREMENTS, AMENDING SECTION 88.42.020 – ACCESSORY STRUCTURES, DELETING SECTION 88.42.190 – SECOND UNITS AND CARRIAGE HOUSES, ADDING SECTION 88.42.190 – ACCESSORY DWELLING UNITS, AND AMENDING SECTION 88.70.020 – DEFINITIONS OF SPECIALIZED TERMS AND PHRASES OF THE AZUSA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNIT REGULATIONS Councilmember Gonzales offered Ordinance No. 2017-14 entitled: AN ORDINANCE AMENDING CHAPTER 88.22 – NEIGHBORHOODS, AMENDING SECTION 88.30.014 – DWELLING UNIT MINIMUM FLOOR AREA, AMENDING SECTION 88.36.050 – NUMBER OF PARKING SPACES REQUIRED – TABLE 3-7 PARKING REQUIREMENTS, AMENDING SECTION 88.42.020 – ACCESSORY STRUCTURES, DELETING SECTION88.42.190 – SECOND UNITS AND CARRIAGE HOUSES, ADDING SECTION 88.42.190 – ACCESSORY DWELLING UNITS, AND AMENDING SECTION 88.70.020 – DEFINITIONS OF SPECIALIZED TERMS AND PHRASES OF THE AZUSA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNIT REGULATIONS Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and carried by the following vote of the Council to waive further reading and adopt Ordinance No. 2017-14. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALVAREZ ADJOURNMENT: The meeting was adjourned by consensus of the City Council in memory of Ms. Irene Benitez Campos and Ms. Shirley Clark, Lifelong Azusa Residents, Ms. Andrea Dominguez, Long-time Azusa Resident, and Mr. Frank Napolitano, husband of Congresswoman Grace Napolitano. TIME OF ADJOURNMENT: 10:31 P.M. _________________________________ CITY CLERK NEXT RESOLUTION NO. 2017-C81 (City) NEXT ORDINANCE NO. 2017-15 NEXT RESOLUTION NO. 2017-R17 (Former Redevelopment Agency) NEXT MEETINGS: January 16, 2018 and February 5, 2018 PAGE SIX – 12/18/2017