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HomeMy WebLinkAboutMinutes - June 03, 2019 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL, THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY, THE PUBLIC FINANCING AUTHORITY REGULAR MEETING MONDAY, JUNE 3, 2019 – 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. PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT Elected Officials: City Clerk Cornejo. Staff Members: City Manager Gonzalez, City Attorney Martinez, Chief of Police Hunt, Director of Human Resources & Risk Management Bragg, Neighborhood Services Coordinator Quiroz, and Chief Deputy City Clerk Garcia. PUBLIC COMMENT None given. CLOSED SESSION The City Council recessed to closed session at 6:32 P.M. to discuss the following: 1.CONFERENCE WITH LABOR NEGOTIATORS - Pursuant to California Government Code, Section 54957.6. City Negotiator: Sergio Gonzalez, City Manager and Tanya Bragg, Director of Human Resources & Risk Management Organizations: SEIU (Service Employees International Union- Local 721), ACEA (Azusa City Employees Association), AMMA (Azusa Middle Management Association), APOA (Azusa Police Officers Association), CAPP (Civilian Association of Police Personnel), and APMA (Azusa Police Middle Management Association) 2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to California Government Code, Section 54956.8. City Negotiators: Sergio Gonzalez, City Manager Property Address: Parking Lot Southeast Corner of Azusa Avenue and 5th Street APN:8611-014-900 Negotiating Parties: MW Investment Group, LLC and Steel Craft. Under Negotiation: Price and Terms for Purchase or Lease 3.CONFERENCE WITH LEGAL COUNSEL -WORKERS COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.95. Case Name(s): Mark Walters v. City of Azusa; WC Claim No. AZUA-1648,1681. Roland Martinez v. City of Azusa; WC Claim No. AZUA-2378,1834,1873,1905,2342, CJP038871AZ. 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, ALVAREZ, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT Elected Officials: City Clerk Cornejo. Staff Members: City Manager Gonzalez, City Attorney Martinez, Chief of Police Hunt, Director of Public Works/City Engineer Bobadilla, Director of Recreation and Family Services Carpenter, Director of Human Resources & Risk Management Bragg, Director of Economic & Community Development Marquez, Director of Utilities Robledo, Economic Development Specialist Campos, Recreation Superintendent Gonzales, Police Captain Bertelsen, Senior Management Ledet, Lieutenant Xavier Torres, Sergeant Terry Smith, Sergeant Tommy Avila, Sergeant Seth Chapman, Sergeant Rocky Wenrick, Corporal Andy Rodriguez, Officer Carlos Plascencia, Neighborhood Services Coordinator Quiroz, and Chief Deputy City Clerk Garcia. The Pledge of Allegiance was led by Ms. Angelica Arellano, Ms. Veronica Arellano, Ms. Lorena Vazquez, Ms. Brianna Arellano, and Ms. Eileen Arellano. The invocation was given by Pastor Felix Garcia, Centro Esperanza. CLOSED SESSION REPORT The City Council reconvened at 7:31 P.M.; City Attorney Martinez announced the following regarding Closed Session: Item 1 – Item was not discussed and may be carried over to a future meeting; Item 2 – no reportable action, Mayor Pro-Tem Alvarez and Councilmember Carrillo did not participate in the discussion due to the fact that they own property in close proximity to the location, Staff will be seeking an opinion that may allow them to participate in future discussions regarding that item; and Item 3 – City Council heard a presentation from Staff and Legal Counsel, no reportable action. CEREMONIAL 1.Mr. Zachary Tamayo of the American Red Cross presented the Gold Level Learn to Swim Provider Award to the City of Azusa. 2.Police Officers Lieutenant Xavier Torres (Retired), Sergeant Terry Smith (Retired), Sergeant Tommy Avila, Sergeant Seth Chapman, Sergeant Rocky Wenrick, Corporal Andy Rodriguez (Retired/Reserve Officer), Officer Carlos Plascencia, and City of Irwindale Police Officer Manny Campos were recognized and honored for receiving the Public Safety Medal of Valor by President Donald Trump on May 22, 2019. This award is the highest national recognition for public safety. PUBLIC COMMENT Ms. Ronetta Ellington expressed concerns regarding an aggressive coyote in the Rosedale development; and suggested that the City contract with the Department of Fish and Wildlife in order to have assistance with the safe removal of the animal. Ms. Kathy Benton announced an event to strengthen families, hosted by Moms Matter; and provided information about the five protective factors that increase the wellbeing of families. Mr. Joe Guarrera addressed Item D-4 stating that Azusa Golden Days and the Azusa Golden Days Committee are one in the same; and inquired about what will be renegotiated. City Manager Gonzalez responded to the comments made during Public Participation stating that Staff will be presenting a detailed report regarding the Golden Days Committee and will seek direction from the Council regarding renegotiating the Memorandum of Understanding; and the City conducts a public education campaign to educate residents on coexisting with wildlife, the City recently adopted an Ordinance prohibiting the feeding of wildlife, the San Gabriel Valley Council of Governments is working on a Coyote Management Plan, and Staff will be in contact with the Department of Fish and Wildlife. REPORTS, UPDATES AND ANNOUNCEMENTS FROM STAFF/COUNCIL Air Quality Update by Michael A. Cacciotti, Governing Board Member, South Coast Air Quality Management District (SCAQMD) Mr. Michael A. Cacciotti provided an update on air quality, information regarding various South Coast AQMD incentive programs, and clean air investments. Mayor Pro-Tem Alvarez thanked everyone that attended the Memorial Day Ceremony; thanked Mountain View Elementary for allowing him to attend their Promotion Ceremony; wished everyone a Happy Father’s Day; congratulated the Police Officers for being awarded the Medal of Valor and thanked Chief of Police Hunt for nominating them for the award; expressed his appreciation of the AQMD and their incentive programs; and provided an update on the International Conference of Shopping Centers that he recently attended stating that he met with investors that were interested in bringing businesses to the City of Azusa. PAGE TWO – 6/3/2019 Councilmember Macias commended the Police Officers for receiving the Medal of Valor; provided an update on the International Conference of Shopping Centers that he recently attended stating that the City’s Staff Members were well prepared to meet with developers and had the opportunity to speak with the owners of the Edgewood Shopping Center; and wished everyone a happy summer. Councilmember Gonzales commended the Police Officers for receiving the Medal of Valor; provided an update on the Contract Cities Conference that he attended stating that the County Supervisor mentioned a potential first responder tax initiative, he received his AB1661 Harassment Prevention Training, and received the legislative update from the State; he also attended the International Conference of Shopping Centers stating that the City met with Developer Chris Costanzo regarding the development of the A-2 property, met with representatives of the Edgewood Center regarding the ownership of the property, and a second hotel may potentially be interested in developing in the City; and congratulated all of the graduates and thanked the Azusa Unified School District School Board for inviting the Council to attend the graduation ceremonies. Councilmember Carrillo stated that he also attended the Contract Cities Conference; expressed his appreciation of the Memorial Day Ceremony and the individuals that put the event together; announced the opening of the In-N- Out; discussed economic development and growth in the City; thanked the Police Officers for their work; congratulated all of the graduates; and announced that the Azusa Softball Little League presented the City with a plaque as a token of appreciation at their closing ceremony. Mayor Rocha announced that the meeting would be adjourned in memory of Mr. Javier Arellano, Longtime Azusa Resident. He thanked the Police Department for their work; announced the following events: June 8 – “The Plunge” Swimming Pool’s 25 year celebration, June 11, and every Tuesday – Library Summer Program, June 13 – Block 36 Groundbreaking, June 15 – Azusa Cares Family Communication Event; he wished a Happy Father’s Day to all the Dads; reminded the public to call the Graffiti Hotline to report graffiti; congratulated all of the graduates; encouraged the use of revenue from parking fees at the Duarte and Arcadia Parking Structures for additional police enforcement on the Gold Line; and asked that everyone keep the service men and women in their daily prayers. SCHEDULED ITEMS RESOLUTION OF THE CITY COUNCIL OF CITY OF AZUSA AUTHORIZING THE ISSUANCE OF THE COMMUNITY FACILITIES DISTRICT NO. 2005-1 (ROSEDALE) 2019 SPECIAL TAX REFUNDING BONDS (IMPROVEMENT AREA NO. 1) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $33,000,000, AND THE DEFEASANCE AND REFUNDING OF PRIOR SPECIAL TAX BONDS OF SUCH DISTRICT; APPROVING THE FORM OF A FISCAL AGENT AGREEMENT AND AN IRREVOCABLE REFUNDING INSTRUCTION AND AUTHORIZING EXECUTION AND DELIVERY OF THE OFFICIAL STATEMENT AND BOND PURCHASE CONTRACT AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS Director of Finance Johnson introduced the Item stating that Staff is recommending the adoption of a Resolution approving the refunding of bonds related to the Rosedale Area No. 1 CFD. Mr. Michael Busch, Financial Advisor, provided an update on the credit rating presentation that was completed; as a part of the refinancing, Staff is recommending the removal of a 2% escalator; an interest refinancing is being proposed which results in approximately $8.0M in cash flow savings and $4.7M in present value savings; the Funding and Acquisition Agreement is being amended to eliminate the pay-go which will generate $1.25M annually; the elimination of the escalator will save an additional $1.39M over the life of the bonds; and bonds will be priced in the next week. An overview of savings assumptions and the remaining process for the refining of the bonds was provided. In response to questions posed by the Council, Mr. Busch stated that there are a total of 783 taxable parcels that would have the opportunity for financial savings. City Manager Gonzalez commended Director of Finance Johnson for her hard work. Mayor Pro-Tem Alvarez offered Resolution No. 2019-C17 entitled: RESOLUTION OF THE CITY COUNCIL OF CITY OF AZUSA AUTHORIZING THE ISSUANCE OF THE COMMUNITY FACILITIES DISTRICT NO. 2005-1 (ROSEDALE) 2019 SPECIAL TAX REFUNDING BONDS (IMPROVEMENT AREA NO. 1) IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $33,000,000, AND THE DEFEASANCE AND REFUNDING OF PRIOR SPECIAL TAX BONDS OF SUCH DISTRICT; APPROVING THE FORM OF A FISCAL AGENT AGREEMENT AND AN IRREVOCABLE REFUNDING INSTRUCTION AND AUTHORIZING EXECUTION AND DELIVERY OF THE OFFICIAL STATEMENT AND BOND PURCHASE CONTRACT AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS Moved by Mayor Pro-Tem Alvarez, seconded by Councilmember Macias and carried by unanimous vote of the Council to adopt Resolution No. 2019-C17 approving the issuance of refunding bonds to refund outstanding bonds of Community Facilities District No. 2005-1 (Rosedale) Improvement Area No. 1 and approve the execution of necessary financing documents. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE PAGE THREE – 6/3/2019 CONSIDERATION OF 2019 LEGISLATIVE PLATFORM AND STATE AND FEDERAL LEGISLATIVE PRIORITIES Senior Management Analyst Ledet presented the Staff Report stating that the adoption of the proposed 2019 Legislative Platform and State and Federal Legislative Priorities allows Staff the opportunity to quickly respond to the variety of legislative items that may present themselves throughout the year; the platform revolves around preserving local authority and local funding; and Staff will continue working with organizations such as the League of California Cities to realize the goals of the platform. Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and carried by unanimous vote of the Council to adopt the proposed 2019 City’s Legislative Platform; and approve the proposed 2019 State and Federal Legislative Priorities. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE REGULATING ALCOHOL SALES IN THE CITY OF AZUSA Director of Economic and Community Development Marquez provided an overview of the Department of Alcoholic Beverage Control (ABC); and provided information regarding alcohol licensing regulations and associated review processes. In response to a question posed by the Council regarding applicants that are felons, Director of Economic and Community Development Marquez stated that the application cannot be denied solely based on that factor; the City has the opportunity to protest an application if it feels that the application cannot be supported. City Attorney Martinez added that it is a factor considered by ABC. In response to questions posed by the Council, Director of Economic and Community Development Marquez stated that Staff will complete an analysis of surrounding cities to how Azusa compares when it comes to the number of liquor licenses in the City; Staff is working on updating processes and procedures which will ultimately lead to a procedure manual, handouts, and guidelines that will tell everyone, both internally and the public, how different processes work; and Staff will report back on whether any applications have been denied, and if so, how many. Moved by Councilmember Macias, seconded by Councilmember Gonzales and carried by unanimous vote of the Council to receive and file staffs report regulating alcohol sales in the City of Azusa. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE AZUSA GOLDEN DAYS UPDATE Director of Recreation and Family Services Carpenter presented the Staff Report stating that the most recent Memorandum of Understanding (MOU) was signed in 2005; a cost analysis of the 2017 celebration was completed in February 2018 and it was estimated that the cost to the City to support the even was approximately $65K; it is estimated that the cost of the 2018 celebration was approximately $55K; and there is an opportunity to review and update the Facilities, Events, Risk and Insurance Requirement, Contact Information, and Term Sections of the MOU. It was the consensus of the Council to designate the City Manager as the Official Designee to cancel the parade should there be inclement weather or a civil disturbance. Discussion ensued regarding insurance and indemnification; Staff plans to regularly bring the matter to the City’s insurance provider to have them approve the level of insurance for this type of event. In response to questions posed by the Council, Director of Recreation and Family Services Carpenter stated that the name of the nonprofit is the same name as the event; the City of Azusa and Azusa Golden Days come together to create the event; Azusa Golden Days has bylaws which includes the types of representatives from various City entities that will participate; the City is not governed by the bylaws, however, the City enters into a partnership with Azusa Golden Days through the MOU; and if there are concerns about involvement, it should be contained within the MOU. Extensive discussion ensued regarding the addition of a Councilmember to the Golden Days Committee to act as a liaison; and City representation on the Golden Days Committee. In response to questions posed by the Council, Staff stated that Azusa Golden Days, the nonprofit, was incorporated as a separate entity from the City; the organization was formed for the purpose of planning the annual Golden Days festivities; should the Azusa Golden Days organization wish to enter into an MOU in which there is a stipulation that a Councilmember be a liaison, it would be an agreement between the two parties; the City is represented for the purpose of planning the events; and the City Attorney will research whether the addition of a Councilmember as a liaison would turn the Azusa Golden Days Committee into a Brown Act Committee. Further discussion ensued regarding a Councilmember acting as a liaison on the Azusa Golden Days Committee. City Attorney Martinez read the provision of The Brown Act; should a Councilmember be a voting member of the Azusa Golden Days Committee Board, the Committee would be subject to the Brown Act; and as the Azusa Golden Days nonprofit bylaws do not state that the Council representative is a voting member. PAGE FOUR – 6/3/2019 The Council provided direction for Staff to bring back options regarding a new draft MOU at a later date. Moved by Councilmember Gonzales, seconded by Mayor Pro-Tem Alvarez, and carried by the following vote of the Council to authorize City Staff to negotiate a new draft Memorandum of Understanding with Azusa Golden Days, a California Nonprofit Organization. AYES: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: MACIAS CONSENT CALENDAR: Moved by Mayor Pro-Tem Alvarez, seconded by Councilmember Macias and carried by the following vote of the Council, to approve Consent Calendar Items E-1 to E-13. Mayor Pro-Tem Alvarez abstained from Item E-1 only. AYES: NOES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: ALVAREZ (Item E-1 only) 1.The minutes of the Special Meeting of April 22, 2019 and Regular Meeting of May 6, 2019 were approved as written. 2.Resolution No. 2019-C18 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 Section 5.75 and applicable Memorandum of Understanding(s), were approved as follows: Merit Increase and/or Regular Appointment: C. Guido, R. Gamero-Camacho, L. Hassen, K. Kenz, M. Guadagnino, J.Bird, A. Solache New Appointment: B. Munoz Promotion: R. Gardea, S. Smith, S. Hisey Separation: R. Martinez, S. Sunnaa, E. Beterbide, L. Corrales. 4.Resolution No. 2019-C19 was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, TO ESTABLISH THE NUMBER OF TRANSITIONAL FIREWORKS SALES PERMITS AUTHORIZED IN 2019. 5.The list of purchase orders issued in April 2019 for contract agreements executed by the City Manager was received and filed. 6.The City Treasurer’s Reports of Receipts, Disbursements and Fund Balances for the month of February 2019. 7.Contracts for professional services were awarded to Transtech Engineers Inc. and Willdan Engineering Inc. in an annual amount not to exceed $90,000 and $60,000 (respectfully), for as needed building plan check and inspection services; and the City Manager was authorized to execute a contract on behalf of the City. 8.A Professional Services Agreement with CWE to perform industrial/commercial facility inspection services was approved for a not to exceed amount of $99,000 to perform industrial/commercial facility inspections in accordance with the MS4 Permit; and the City Manager was authorized to execute the agreement on behalf of the City. 9.The City Manager was authorized to enter into a Professional Services Agreement with Willdan for a not to exceed fee of $94,072.66 to provide professional engineering services for the Arrow Highway Raised Median Island Project No. HSIPL-5112(019). 10.The transfer of an existing maintenance services agreement with Control Air Conditioning Service Corporation to Control Air Enterprises LLC; and authorize the City Manager to execute the Consent to Transfer/Assignment of Maintenance Services Agreement on behalf of the City. 11.A Professional Services Agreement with MIG to provide planning and environmental consultant services for the Dhammakaya International Meditation Center Specific Plan Amendment was approved in an amount not to exceed $65,200.00; a Professional Services Agreement with MIG to provide environmental consultant services for the Barbara Subdivision Project was approved in an amount not to exceed $24,150.00; and the City Manager was authorized to prepare and execute the agreements on behalf of the City. 12.A Reimbursement Agreement Template for future development projects was approved; a Reimbursement Agreement for Dhammakaya International Meditation Center was approved; a Reimbursement Agreement for Gladstone Land Company was approved; and the City Manager was authorized to execute the agreement on behalf of the City. 13.The City Treasurer’s Statement of Cash and Investment Balances for the month of March 2019 was received, reviewed, and filed. PAGE FIVE – 6/3/2019 The Council provided direction for Staff to bring back options regarding a new draft MOU at a later date. Moved by Councilmember Gonzales, seconded by Mayor Pro-Tem Alvarez, and carried by the following vote of the Council to authorize City Staff to negotiate a new draft Memorandum of Understanding with Azusa Golden Days, a California Nonprofit Organization. SUCCESSOR AGENCY RELATED BUSINESS RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE SUCCESSOR AGENCY DATED MAY 2, 2019 THROUGH MAY 30, 2019 Agencymember Alvarez offered Resolution No. 2019-R08 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 Agencymember Alvarez seconded by Agencymember Gonzales and carried by unanimous vote of the Agency to adopt Resolution No. 2019-R08. AYES: NOES: AGENCY MEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA AGENCY MEMBERS: NONE ADJOURNMENT: The meeting was adjourned by consensus of the City Council. TIME OF ADJOURNMENT: 10:03 P.M. __________________________________________ CITY CLERK NEXT RESOLUTION NO. 2019-20 (City) NEXT ORDINANCE NO. 2019-01 NEXT RESOLUTION NO. 2019-R09 (Former Redevelopment Agency) NEXT MEETINGS: June 17, 2019 and July 1, 2019 (Canceled) PAGE SIX– 6/3/2019