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HomeMy WebLinkAboutE-1 9-19-2016, Minutes Regular MeetingCITY OF AZUSA MINUTES OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY REGULAR MEETING MONDAY, SEPTEMBER 19, 2016 – 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 6:30 P.M. ROLL CALL: Roll call was taken by City Clerk Cornejo. Councilmember Macias arrived at 6:31 p.m., after roll call. PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT Elected Officials: City Clerk Cornejo. Staff Members: City Manager Butzlaff, City Attorney Martinez, Economic and Community Development Director Christiansen, Neighborhood Services Coordinator Quiroz, Chief Deputy City Clerk Garcia. CEREMONIAL 1. Presentation of Certificates of Appreciation to all who contributed to the 2016 Kathy's Cool Kutz for Kids Event on August 14, 2016, at Memorial Park. Councilmember Gonzales presented Certificates of Appreciation. 2. Presentation of Certificates of Appreciation to the contributors for the 2016 Summer Reading Program. Sr. Librarian Youth Services, Ms. Hassen and Director of Information Technology and Library Services, Ms. Graf presented Certificates of Appreciation. CLOSED SESSION The City Council recessed to closed session at 6:43 P.M. to discuss the following: CONFERENCE INVOLVING A JOINT POWERS AUTHORITY – EAST SAN GABRIEL VALLEY CONSORTIUM dba L.A. WORKS Pursuant to California Government Code, Section 54956.96. Discussion will concern: Exposure to Litigation Azusa Agency Representatives: Joe Rocha, Mayor; Troy Butzlaff, City Manager CONFERENCE WITH LEGAL COUNSEL – POSSIBLE INITIATION OF LITIGATION Pursuant to California Government Code, Section 54956.9 (d)(4) 1 Potential Case Concerning Supplemental Insurance Assessment Imposed by ICRMA CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to California Government Code, Section 54956.9(d)(1) Case Name(s): Pierson v. City of Azusa; Los Angeles Superior Court Case No. BC545310 & 14K06457 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to California Government Code, Section 54956.8. Property Address: 340 N. Orange Avenue (Azusa Armory) Agency Negotiator: Troy Butzlaff, City Manager Negotiating Parties: Daniel C. Kim, California Director of General Services Under Negotiation: Price and Terms of Sale REGULAR SESSION Mayor Rocha called the meeting to order at 7:44 P.M. ROLL CALL: Roll call was taken by City Clerk Cornejo. CONSENT ITEM E-1 APPROVED CITY COUNCIL 10/17/2016 PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT Elected Officials: City Clerk Cornejo Staff Members: City Manager Butzlaff, City Attorney Martinez, Director of Human Resources and Risk Management Ayala, Director of Economic and Community Development Christiansen, Finance Director Johnson, Public Works Director/City Engineer Bobadilla, Acting Police Chief Hunt, Director of Information Technology and Library Services Graf, Director of Recreation and Family Services Jacobs, Recreation Superintendent Gonzales, Management Analyst Lacasella, Economic Development Specialist Campos, Neighborhood Services Coordinator Quiroz, Chief Deputy City Clerk Garcia. The Pledge of Allegiance was led by Mr. Leo Alvarez The invocation was given by Dhammakaya Meditation Center CLOSED SESSION REPORT The City Council reconvened at 7:44 P.M.; City Attorney Martinez announced the following regarding Closed Session: All members were present and Councilmember Gonzales recused himself from Item 3; Item 1: No reportable action; Item 2: No reportable action; Item 3: No reportable action; Item 4: Council heard presentation from the City Attorney’s office, no reportable action. PUBLIC COMMENT Celena Lugo/Azusa Golden Days Co Chairman- announced the Azusa Golden Days week of events schedule. Yolanda Pena 17626 E. Renwick Rd. Azusa Unified School District Board Member- announced updates on General School Board Projects, and invited the Council to Ribbon Cutting at Azusa High. Jorge V. Rosales 157 N. Calvados Ave. Azusa 626-374-7798-spoke regarding Item E-7 Military Banner Committee in reference Military Banner v. Street Banner on installation. Peter Hoh 725 N. Alameda Ave. Azusa (APOA) Azusa Police Officer Association. Mr. Hoh, read an email presented from City Manager Butzlaff in reference to the bargaining Unit successfully being able to reach agreement regarding the Memorandum of Understanding (MOU). Mr. Hoh, express his concern with the outcome of the (MOU), in reference to medical premium increases, flex benefits, and education pay, he was dissatisfied with the final decision leading up to the benefits. Mr. Hoh, stated there was a miscommunication between the bargaining unit and City Manager Butzlaff within the final agreement. He is asking the council to reinvestigate and bring the issue back to the table with City Manager Butzlaff so they can come to an agreement. CJ Wilkins 725 N. Alameda Ave. Azusa- (APOA) Azusa Police Officer Association Express their concern with MOU. Richard Martinez 725 N. Alameda Ave. Azusa- (APOA) Azusa Police Officer Association Express their concern with MOU. Dieter Dammer 725 N. Alameda Ave. Azusa - (APOA) Azusa Police Officer Association Attorney for APOA Express his concern with the Memorandum of Understanding on behalf of the (APOA), he explains the purpose of the Personnel Board is there to hear any grievance brought by an employee to the city for resolving issues. He stated that employees should have the opportunity to be heard. He is asking council to revisit the situation with the (APOA) and restore the relationship. Jaime Martinez 161 S. Cerritos, 626-231-1378-Addressed the council regarding past arrest with other cities. City Manager Butzlaff responded to public comments. In response to Mr. Martinez a meeting will be scheduled with the Police Department to resolve any issues. In response to the APOA Officers, City Manager Troy was not aware that his working relationship with his colleague was in ruin. Mr. Butzlaff thought that after several meetings with APOA, they had come to an agreement. He stated he does not guarantee any of the bargaining units will all be equally treated with the same entitlement as one or the other unit. Mr. Butzlaff is willing to sit with the APOA, and review the MOU of any misconceptions that might have been perceive on the MOU. He stated that what might have been negotiated with one bargaining units does not necessary always apply for all bargaining units. However he does not find it to be in a professional manner to attack him/or any person on their character. He believes that people who work with the city should act in a professional manner. Mayor Rocha referenced the Banner Programs, City Manager Butzlaff suggests the item be pulled and discussed. REPORTS, UPDATES AND ANNOUNCEMENTS FROM STAFF/COUNCIL Chief Enriquez announces the Grand Opening of Fire Station 97 on September 28, 2016 at 10:00 a.m. and invited the Community and City Council to attend opening. PAGE TWO – 9/19/2016 City Manager Butzlaff provided update on three projects. Block 36 Serrano Development Company is on track with development they just started negotiations in regards to the Laemmle Theater Mixed use Development. Regarding the Enterprise Site, Net Development moving forward and a completion date April of 2017. The Gas station at Paramount and Azusa has reached an agreement with Starbucks. The Mc Donald’s on the Northwest side of the street is moving forward. Block 37 Charles Company there has been discussion in consideration on sites locations and more retail options, next step we are waiting on Charles Company for a new submittal to bring to the council. Councilmember Gonzales announced the Shred A-Thon, on Saturday September 24, 2016 at the Light and Water Parking lot from 9:00 am till 12:00. Anyone residing in the City of Azusa can have important document shred. Councilmember Alvarez announced Golden Days to start the first week of October. Councilmember Macias introduced Harry and Carolyn with Field of Glory to be on Veterans Day, he also commented on Homeless asked Acting Chief Hunt to provide some Stats on the efforts of Homeless Outreach. He is also concern with Citrus Crossing “no left turn at corner of Alosta on to Fifth Street”, he is requesting a revisit of this left turn access. Councilmember Macias commented on the enjoyment and memories of Back to School Night with his daughter. Councilmember Gonzales Referenced the Citrus Crossing- due to the line of sight visibility. City Manager Butzlaff noted that he will look in to the issue and get back to council through a Memorandum. Mayor Rocha announced that the meeting would be adjourned in memory of Mr. Ron Lohr, Long-time resident and Mr. Enriques Alvarado, Ms. Stella Gonzales Martinez, Life long Azusa residents. He congratulated Celena for excellent job with announcements on Golden Days, and he thanked Chief Enriquez for the announcement on LACO Fire Station 97. He also announced Lagonitas Job Fair on November 10, 2016 to RSVP go to www.lagonitas.com-will work for beer. He Announce they opened up Citrus Avenue to enter the Promenade allowing better access to the Promenade, and thanked everyone that participated in the event. The Mayor announced they will be taking donations for care packages for United States Service men and women for the holidays. SCHEDULED ITEMS APPROVE USE OF CITY HALL FRONT LAWN FOR AZUSA ROTARY WEEK LONG VETERAN'S DAY CELEBRATION FLAG DISPLAY. Director of Recreation & Family Services Joe Jacobs presented the item “Field of Glory” Event. The Rotary is requesting use of the lawn for the week of November 4-13 it will duck tail the Veterans Celebration. However, the application was tentatively approved at August 18th meeting at Parks & Recreation Commission meeting, where all expenses will be incur by Rotary Club. Carolyn Crawford President of the Rotary Club and Harry Heflen, Chairperson of Flag Committee presented a video for Council, Carolyn stated you can provide a flag for a Veteran for the cost of $ 35.00 ea. Councilmember Macias announced flags can be purchased at Taste of the Town Event, if you have any questions you can contact Carolyn Crawford at 626-969-2383 for more information www.fieldofglory.org . Mayor announced their holding the Veterans Ceremony on Nov. 11, 2016 at 11:00 a.m. in front of City Hall lawn. Moved by Councilmember Macias, seconded by Councilmember Alvarez, and carried by unanimous vote of the members present. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE APPROVAL OF CONVEYANCE OF TITLE TO HILLSIDE LAND NORTH OF THE ROSEDALE PROJECT FROM CITY TO AZUSA-RMC JOINT POWERS AUTHORITY. City Manager Butzlaff and City Attorney Martinez presented the item being returned from the August 16th meeting. Councilmember Macias had asked to revise and include protective language on the Grant Deed. JPA and City Manager Butzlaff came to conveying on three reverted clauses which will cover the City’s interest in the property. First, If JPA seizes to exist the property in question get reverted back to the city. Second, JPA shall conserve and maintain land in perpetuity if not it will be reverted back to the city. Third, JPA cannot sell the property, this will cause the property to automatic revert back to the city. Councilmember Gonzales expressed his concern in reference to liability. City Manager confirmed that JPA will assume responsibility unless property is conveyed back to the city, then city becomes liable. Councilmember Macias addresses the clause that the property can never be sold. City Attorney Marco reassures that an attempt to sell will cause the property to revert back to the city. Councilmember Macias request that additional protective language be added to the Grant Deed stating “Grantor right of reverter shall continue in perpetuity and shall not expire.” Furthermore, Councilmember Macias is concern with the leverage in the property that it may inquire further on down the line. Attorney Martinez suggested they could also add to the Grant Deed that you cannot record any instrument against the Deed without the consent of the City. Moved by Councilmember Macias, seconded by Councilmember Carrillo, and carried by unanimous vote of the members present. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE PAGE THREE – 9/19/2016 CONSENT CALENDAR: Moved by Councilmember Alvarez, seconded by Councilmember Gonzales, to approve Consent Calendar Items E-1 to E-19, with the exception of items E-7, and E-10 which were handled under the Special Call portion of the agenda, and carried by the following vote of the Council: Councilmember Alvarez Abstain from Item 1. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE 1. The minutes of the Regular Meetings of August 15, 2016 were approved as written. 2. Resolution No. 2016-C55 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, in accordance with the City of Azusa Civil Service Rules and applica ble Memorandum of Understanding(s), were approved as follows: Merit Increase: C. Bencomo, A. Holmes, R. Nodarse, M. Silva. New Appointment: L. Hassen, R. McMinn, A. Solache. Reclassification: From: Assistant City Clerk To: Assistant Chief Deputy City Clerk. 4. Approve the extension of the Clinical Affiliation Agreement with Azusa Pacific University’s School of Nursing for an additional three (3) years; and authorize the City Manager to execute, in a form acceptable to the City Attorney, the agreement on behalf of the City was Approved. 5. Authorize the City Manager to sign and submit the City’s response letter regarding the report by the 2015 -16 Civil Grand Jury regarding appointed commissions was Approved. 6. Received and file Quarterly Legislative Updates. 7. Special call. 8. Accept the Los Angeles County Area Agency on Aging award of funding in the amount of $107,574 for the next four years (2016 – 2020) for the Elderly Nutrition Program; and adopt Resolution No. 2016-C56, designating the Mayor or his designee, City Manager, as the authorized representatives to sign the contract and all documents necessary to accompany the contract, including all amendments to said contract within fiscal years 2016 -2020. Resolution 2016- C56 was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AUTHORIZING SIGNING OF DOCUMENTS AND ACCEPTANCE OF FUNDS 9. Resolution No. 2016-C57 was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPR OVING A GRANT AGREEMENT WITH THE CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) FOR THE “SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP)” 2016-2017 GRANT NO. PT1703. 10. Special call. 11. Resolution No. 2016-C59 was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA FOR LEAVE BANK REDUCTION PROGRAM FOR AZUSA POLICE MANAGEMENT ASSOCIATION (APMA) MEMBERS. 12. Approve expenditure in the amount of $200 to the Associated Students of Citrus College for the transportation of the Gladstone High School Marching Band; and make a finding that the community at large will receive a public benefit from the expenditure of funds for the recommended item. 13. Resolution Nos. 2016-C60; 2016-C61; 2016-C62 was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF LOS ANGELES COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017. PAGE FOUR – – 9/19/2016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, MARCH 7, 2017. 14. Accept the project improvements and authorize Staff to file a Notice of Completion for the Zacatecas Park Parking Lot Project No. 66116C. 15. Approved the release of the Performance Bond in the amount of $118,152.21, the Labor and Materials Bond in the amount of $118,152.21, and the Monument Bond in the amount of $11,750.00 for Tract 54057-13; and approved the release of the Performance Bond in the amount of $67,057.00, the Labor and Materials Bond in the amount of $67,057.00, and the Monument Bond in the amount of $5,000.00 for Tract 54057-18. 16. The City Treasurer’s Report for the month of July 2016 was received, reviewed and filed. 17. Authorize the City Manager to Submit a Notice of Intent of the City to Withdraw from the “LA Works” Joints Powers Authority. 18. Approved a Professional Services Agreement with LDM Associates, Inc. for Community Development Block Grant (CDBG) administrative professional services in an amount not to exceed $42,000 for FY 2016 -17; and authorize the City Manager to execute the agreement, in a form acceptable to the City Attorney, on behalf of the City. 19. Accept the recommendations of the Scholarship Selection Ad Hoc Committee and award one (1) $1,000 scholarship to Destiny A. Tellez; and two (2) $500 scholarships to Itzcally E. Herrera and Jesus Jaimes. SPECIAL CALL 7. APPROVE A MILITARY BANNER PROGRAM ESTABLISHING GUIDELINES AND CRITERIA FOR THE PLACEMENT OF MILITARY BANNERS WITHIN THE CITY. Moved by Councilmember Gonzales, seconded by Councilmember Macias, and carried by unanimous vote of the members present to approve the Military Banner Program. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE 10. ADOPT RESOLUTION NO. 2016-C58 AUTHORIZING CONTINUATION OF BENEFITS AND SALARY FOR EMPLOYEES CALLED TO ACTIVE MILITARY DUTY UNDER TITLE 10 USC ORDERS. Moved by Councilmember Alvarez, seconded by Councilmember Macias, and carried by unanimous vote of the members present to approve Resolution No. 2016-C58. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING CONTINUATION OF BENEFITS AND SALARY FOR EMPLOYEES CALLED TO ACTIVE MILITARY DUTY UNDER TITLE 10 USC ORDERS. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ORDINANCES/SPECIAL RESOLUTIONS SECOND READING AND ADOPTION OF ORDINANCE NO. 2016 -O6 – AMENDING SECTION 88.38.040(D) AND ADDING SECTION 88.38.085 TO THE AZUSA MUNICIPAL CODE TO AUTHORIZE BIL LBOARDS RELOCATION AGREEMENTS. Councilmember Gonzales offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING SECTION 88.38.040(D) AND ADDING SECTION 88.38.085 TO THE AZUSA MUNICIPAL CODE (DEVELOPMENT CODE) TO AUTHORIZE BILLBOARD RELOCATION AGREEMENTS Moved by Councilmember Gonzales, seconded by Councilmember Alvarez, and carried by unanimous vote of the members present, to waive further reading and adopt Ordinance No. 2016-O6. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE SECOND READING AND ADOPTION OF ORDINANCE NO. 2016-O7 - AMENDING AND RESTATING ARTICLE XVII OF THE AZUSA MUNICIPAL CODE REGARDING REGISTRATION AND MAINTENANCE OF VACANT AND ABANDONED COMMERCIAL, INDUSTRIAL PROPERTY AND OTHER RESIDENTIAL PROPERTIES. Councilmember Macias offered an Ordinance entitled: PAGE FIVE – – 9/19/2016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING AND RESTATING ARTICLE XVII REGARDING THE REGISTRATION AND MAINTENANCE OF VACANT AND ABANDONED COMMERCIAL, INDUSTRIAL AND OTHER RESIDENTIAL PROPERTIES Moved by Councilmember Macias, seconded by Councilmember Gonzales, and carried by unanimous vote of the members present, to waive further reading and adopt Ordinance No. 2016-O7. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ADJOURNMENT: The meeting was adjourned in memory of Mr. Ron Lohr, Long-time Azusa Resident; Mr. Enrique Alvarado, Lifelong Azusa Resident and Mrs. Stella Gonzales Martinez, Long time Azusa Resident. TIME OF ADJOURNMENT: 9:18 P.M. _________________________________ CITY CLERK NEXT RESOLUTION NO. 2016-C63 (City) NEXT ORDINANCE NO. 2016-O8 NEXT RESOLUTION NO. 2015-R14 (Former Redevelopment Agency) NEXT MEETINGS: October 3, 2016; and October 17, 216. PAGE SIX – – 9/19/2016