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HomeMy WebLinkAboutAgenda Packet - July 8, 1997 - CC CITY OF AZUSA CIVIC AUDITORIUM 213 EAST FOOTHILL BOULEVARD AZUSA, CALIFORNIA A G E N D A REGULAR MEETING OF THE CITY COUNCIL, THE REDEVELOPMENT AGENCY, THE INDUSTRIAL DEVELOPMENT AUTHORITY AND THE AZUSA PUBLIC FINANCING AUTHORITY JULY 8, 1997 - 7:30 P.M. AZUSA CITY COUNCIL CRISTINA C. MADRID MAYOR DIANE BEEBE DAVE HARDISON MAYOR PRO TEM COUNCILMEMBER DICK STANFORD JOSEPH R. ROCHA COUNCILMEMBER COUNCILMEMBER NOTICE TO THE PUBLIC Copies of staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Meeting procedures are governed by Resolution adopted by the City Council. Council will consider and take actions on numbered matters listed in the Agenda. The recommended action described beneath the Agenda item is Staff's recommendation only. Persons who wish to speak during the Public Participation portion of the Agenda, shall fill out a card requesting to speak and shall submit it to the City Clerk prior to the start of the City Council meeting. When called, each person may address any item on or off the agenda during the comprehensive public participation portion covering all entities of the City, ie., Council, Redevelopment Agency, Industrial Development Authority, and Azusa Public Financing Authority, except for Public Hearings, or where a scheduled item directly pertains to a specific individual or group. Each person speaking shall be limited to a maximum of five (5) minutes, without interruption. Questions to the speaker or responses to the speaker's questions or comments shall be addressed after the speaker has completed his/her comments. A. CALL TO ORDER B. PLEDGE TO THE FLAG C. INVOCATION - Reverend Mark Carlson of the First Presbyterian Church. D. ROLL CALL E. CEREMONIAL None. F. PUBLIC PARTICIPATION (Person/Group shall be allowed to speak without interruption up to five (5) minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments, shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes time.) REPORTS, UPDATES, AND ANNOUNCEMENTS FROM STAFF/COUNCIL 1. Community Services Director Guarrera to provide report on MTA derailment. 2. Ms. Rosemary Salce to address Council and audience regarding Golden Days. G. CONSENT CALENDAR The CONSENT CALENDAR adopting the printed RECOMMENDED COUNCIL ACTION will be enacted with one vote. The Mayor will ask Councilmembers and Staff if they wish to speak for or against the Recommended Council Action of any matter on the CONSENT CALENDAR. The matter removed from the CONSENT CALENDAR will be considered individually at the end of the CONSENT CALENDAR under SPECIAL CALL ITEMS. The entire CONSENT CALENDAR, with the exception of those Specially Called Items is then voted upon by roll call under one motion. 1. APPROVAL OF THE MINUTES Minutes of the regular meeting of June 16, 1997, and the regular adjourned meeting of June 11, 1997. RECOMMENDED ACTION Approve Minutes as written. 2. CITY TREASURER=S REPORT The City Treasurer=s Report as of May 31, 1997. RECOMMENDED ACTION Receive and file. 3. CONTRACT FOR PROJECT NO. 97-05, JANITORIAL MAINTENANCE Bid opening was held in the Office of the City Clerk on June 29, 1997, for the Three Year Janitorial Maintenance Contract. Six bids were received. RECOMMENDED ACTION Award the contract to D.H. Maintenance Services, low bidder, in the amount of $57,540, and authorize execution of same. 07/08/97 PAGE TWO G. CONSENT CALENDAR (CONTINUED) 4. AGREEMENT BETWEEN CITY AND POWER TO CHANGE Council approved the APower to Change Youth Program@ a Community Development Block Grant Program, on January 6, 1997. The Agreement between the City and Power to Change for FY 1997-98, is presented for approval. RECOMMENDED ACTION Approve the Agreement and authorize the City Administrator to execute on behalf of the City. 5. AMENDMENTS TO DEFERRED COMPENSATION PLAN. The recently-enacted Small Business Job Protection Act has mandated certain changes in the deferred compensation savings plans. RECOMMENDED ACTION Adopt Resolution No. 97-C89, authorizing the amendments to the Great Western Bank and Lincoln National Life Insurance Company Deferred Compensation Plan documents and appointing the City Council as ATrustee/Custodian@. 6. SPECIFICATIONS FOR THREE YEAR PEST CONTROL CONTRACT Presented for consideration and approval are specifications for three year pest control contract. RECOMMENDED ACTION Approve the specifications and authorize the City Clerk to advertise for bids. 7. DESTRUCTION OF CERTAIN RECORDS - INFORMATION SERVICES Section 34090 of the Government Code of the State of California provides for the destruction of obsolete City records. Information Services staff has identified obsolete records within that department. RECOMMENDED ACTION Adopt Resolution No. 97-C90, authorizing the destruction of certain records in the Information Services Department. 8. Human Resources Action Items Step increase/regular appointment recommendations: J. Toledo, N. Narvaez, R. Lingo, S. Peterson, R. Rodriguez, L. Maldonado, and K. Morningstar. New Appointments A. Ventura, Police Officer, pending Physical. Promotions None. Separations None. Leave Requests None. RECOMMENDED ACTION Approve. 07/08/97 PAGE THREE G. CONSENT CALENDAR (CONTINUED) 9. STATE MANDATED (SB 90) COST CLAIMING SERVICE CONTRACT The State of California reimburses local agencies for their costs for services and supplies in implementing State-mandated programs. The firm of David M. Griffith and Associates Ltd., has been a great assistance to the City in claiming these costs and it is imperative to continue work that is presently in progress. RECOMMENDED ACTION Approve the Agreement. 10. RETIREMENT CREDIT OF ADDITIONAL TWO-YEARS = SERVICE The City=s contracts with its various employee units and the City=s contract with the State of California Public Employees= Retirement System and Government Code Section 20903 provide that, in an effort to encourage retirement from government, the City may award two additional years of service credit to eligible employees. Staff recommends to grant additional two years of service credit to listed employees. RECOMMENDED ACTION Call for a resolution to be placed on the August 4, 1997, agenda for Council consideration and adoption. 11. INVESTMENT POLICY State law requires that the investment policy for each City be re-adopted every year, with changes that may be necessary. Several changes as approved by the City=s Treasury Committee have been incorporated this year. RECOMMENDED ACTION Adopt Resolution No. 97-C91, re-adopting the Investment Policy of the City of Azusa. 12. NOTICE OF COMPLETION - SIDEWALK CONSTRUCTION Martinez Concrete, Inc., the contractor for the sidewalk construction on Fifth, Virginia and Zachary Padilla completed the project in accordance with the plans and specifications on June 12, 1997. RECOMMENDED ACTION Accept the project as complete; approve notice of completion, authorize its execution and recordation. 13. EMPLOYEE ASSISTANCE PROGRAM CONTRACT RENEWAL Provisions of the Memoranda of Understanding between the City and bargaining units state the City will maintain an Employee Assistance Program (EAP). RECOMMENDED ACTION Approve renewal of the contract and authorize Mayor to execute same. 14. LIABILITY CLAIMS= THIRD PARTY ADMINISTRATOR RENEWAL Carl Warren & company has been serving the City as Third Party Administrator for the City=s liability program since 1985 and have provided professional and diligent service to the City. RECOMMENDED ACTION Approve renewal of the three-year contract and authorize Mayor to execute same. 07/08/97 PAGE FOUR G. CONSENT CALENDAR (CONTINUED) 15. PROPOSED CIVIL SERVICE RULE AMENDMENT, CERTIFICATION OF ELIGIBLES Proposed Resolution revising the rules of the Civil Service System, Certification of Eligibles, to clarify what eligibles may be certifiable to a department for appointment in the event of a tie score. RECOMMENDED ACTION Adopt Resolution No. 97-C92. 16. CONTRACT FOR PROJECT NO. 97-04, LANDSCAPE AND IRRIGATION MAINTENANCE Bid opening was held in the Office of the City Clerk on June 29, 1997, for the Three Year Contract for Landscape and Irrigation Maintenance, Project No. 97-04. Seven bids were received. RECOMMENDED ACTION Award the contract to Tropical Plaza Nursery, low bidder, in the amount of $76,320, and authorize execution of same. 17. WARRANTS Two separate resolutions authorizing payment of warrants by the City. RECOMMENDED ACTION Adopt Resolution Nos. 97-C93 and 97-C94. H. SPECIAL CALL ITEMS CONVENE AS THE REDEVELOPMENT AGENCY I-1. AGENCY CONSENT CALENDAR The Consent Calendar adopting the printed RECOMMENDED AGENCY ACTION will be enacted with one vote. The Chairman will ask Directors and Staff if they wish to speak for or against the Recommended Agency Action of any matter on the CONSENT CALENDAR. The matters removed from the CONSENT CALENDAR will be CONSIDERED individually at the end of the Redevelopment Agency CONSENT CALENDAR under SPECIAL CALL ITEMS. The entire CONSENT CALENDAR, with the exception of those Specially Called Items is then voted upon by roll call under one motion. a. APPROVAL OF MINUTES Minutes of the regular meeting of June 16, 1997, and the regular adjourned meeting of June 11, 1997. RECOMMENDED ACTION Approve Minutes as written. 07/08/97 PAGE FIVE I. AGENCY CONSENT CALENDAR (CONTINUED) b. AUTO RELATED USES AT 850 W. FOOTHILL BOULEVARD/OPA VIOLATION Certain auto related uses and allowable retail commercial use at 850 West Foothill Boulevard violate the terms of an Owner Participation Agreement (OPA) recorded against the property in 1987. The OPA contains a covenant restricting the repair, testing, modification, sales and installation of vehicle parts and limits retail commercial uses to 8,250 square feet. In 1995 the property was purchased by Richard Dearth, who claims that he was unaware of such covenants. The Agency has been asked to enforce or amend these covenants. RECOMMENDED ACTION Authorize staff to amend the OPA between the Redevelopment Agency, Gross and Gross, and the current property owner, Richard Dearth, to provide for the following: 1. Allow the retail commercial square footage to increase to 12,863 in accordance with the Planning Commission findings in Case No. V-95-5 and P-95-97. 2. Allow auto related uses, including auto service and ancillary retail sales, on the property, conditionally, in a manner similarly to the proceedings for a Conditional Use Permit, with the following conditions: (a) all repairs, evaluation, testing, modification of vehicles or installation of vehicle parts or accessories, painting, car wash, or similar uses shall be conducted within permanent structures; and (b) the outside display of merchandise shall be prohibited; and ( c ) the property owner shall submit a sign program for the center similar to that of a shopping center, and all signage on the property shall comply with the Azusa Municipal Code. Additionally, the owner shall submit a painting scheme for the center and remove any deviant coloring or tenant identification. This condition will become effective within 90 days after the effective date of the proposed OPA; and (d) if the property owner violates any conditions of the OPA, the City shall be allowed to remedy the problem as a public nuisance and charge all costs of remediation to the property owner. This includes the removal of all signage, if necessary; and (e) the OPA conditions shall be reviewed by the Redevelopment Agency every five years to ensure that the development is in compliance with the land use goals of the Redevelopment Agency and that the proposed land use standards are not materially detrimental to the value of the surrounding properties. 3. The proposed OPA will be considered by the Redevelopment Agency Board only after the meeting has been noticed pursuant to Section 88-125 through 145 of the Azusa Municipal Code. c. FOREIGN TRADE ZONE APPLICATION The City has an opportunity to obtain Foreign Trade Zone (AFTZ@) status through a joint application of San Gabriel Valley cities. FTZ are federal government designations which allow certain businesses to defer, lower, or eliminate U.S. Customs duties on imported products. FTZs are an economic development tool to offer import businesses the ability to lower the costs of doing business, thereby making it more profitable for business to continue their business locally, and not seek sites outside our community. RECOMMENDED ACTION Approve the nominal application fee of $1,000 for the City of Azusa to participate in the Foreign Trade Zone application and authorize staff to work with Azusa businesses and property owners in identifying properties to designate in the application. And, if properties are identified, approve payment of the application fee not to exceed $2,500. 07/08/97 PAGE SIX I. AGENCY CONSENT CALENDAR (CONTINUED) d. AGREEMENT BETWEEN AGENCY, AUSD, AZUSA HERITAGE HOMEOWNERS ASSOCIATION, ZUKUN JU AND RUSSELL BLEWETT. The Fence and Wall Agreement provides for the construction of required block walls and wrought iron fencing adjacent to the Azusa Heritage housing project. The improvements are necessary to provide safety and security for housing project and adjacent Lee Elementary School property. RECOMMENDED ACTION Adopt Resolution No. 97-R26, approving the Fence and Wall Construction Agreement. e. INSURANCE SETTLEMENT AGREEMENT On April 18, 1997, the Agency property located at 630-632 North Azusa Avenue was involved in a small fire. The tenant=s insurer has offered to settle the damage claim for $27,301.15. Agency staff recommends acceptance of the settlement offer. RECOMMENDED ACTION Approve the Settlement Agreement. f. CERTIFICATE OF COMPLETION - CAL FRESH The Owner Participation Agreement with Calfresh is completed. The OPA requires the Agency to approve the Certificate of Completion when the building improvements are completed. RECOMMENDED ACTION Approve the Certificate of Completion and authorize recordation. g. CERTIFICATE OF COMPLETION FOR THE SHIRLEY SIMPSON OWNER PARTICIPATION AGREEMENT The Owner Participation Agreement with Shirley Simpson is completed. The OPA requires the Agency to approve the Certificate of Completion when the building improvements are completed. RECOMMENDED ACTION Approve the Certificate of Completion and authorize recordation. h. INVESTMENT POLICY State law requires that the investment policy for each Agency be re-adopted every year, with changes that may be necessary or desirable. Several changes as approved by the Agency=s Treasury Committee have been incorporated this year. RECOMMENDED ACTION Adopt Resolution No. 97-R27, re-adopting the Investment Policy. I. AGENCY TREASURER=S REPORT The Agency Treasurer=s Report as of May 31, 1997. RECOMMENDED ACTION Receive and file. j. WARRANTS Two separate resolutions authorizing payment of warrants by the Agency. RECOMMENDED ACTION Adopt Resolution Nos. 97-R28 and 97-R29. 07/08/97 PAGE SEVEN 2. AGENCY SPECIAL CALL ITEMS 3. AGENCY SCHEDULED ITEMS None. 4. ADJO URN RECOMMENDED ACTION Adjourn, if a Closed Session is necessary, the Agency should recess to end of City Council meeting. J. CONVENE AS THE INDUSTRIAL DEVELOPMENT AUTHORITY 1. APPROVAL OF MINUTES Minutes of the regular meeting of July 1, 1996. RECOMMENDED ACTION Approve Minutes as written. 2. INVESTMENT POLICY State law requires that the investment policy for each Authority be re-adopted every year, with changes that may be necessary or desirable. Several changes as approved by the Authority=s Treasury Committee have been incorporated this year. RECOMMENDED ACTION Adopt Resolution No. 97-I1, re-adopting the Investment Policy. 3. Adjourn. K. CONVENE AS THE AZUSA PUBLIC FINANCING AUTHORITY 1. APPROVAL OF MINUTES Minutes of the regular meeting of May 5, 1997. RECOMMENDED ACTION Approve minutes as written. 2. INVESTMENT POLICY State law requires that the investment policy for each Authority be re-adopted every year, with changes that may be necessary or desirable. Several changes as approved by the Authority=s Treasury Committee have been incorporated this year. RECOMMENDED ACTION Adopt Resolution No. 97-P1, re-adopting the Investment Policy. 3. Adjourn. 07/08/97 PAGE EIGHT L. ORDINANCES/SPECIAL RESOLUTIONS None. M. SCHEDULED ITEMS 1. NOTICE TO THE PUBLIC Term of office expirations ending September 30, 1997, for the following Boards and Commissions: 2 positions - Architectural Barriers Commission 2 positions - Cultural and Historical Landmark Commission 1 position - Library Commission 2 positions - Parks and Recreation Commission 1 position - Personnel Board 2 positions - Planning Commission Applications are available in the City Administrator=s Office for interested residents/incumbents. Applications will be accepted through August 14, 1997, and interviews will be scheduled during the last part of August and the beginning of September, 1997. NOTE: Pursuant to Resolution No. 97-C86, adopted at the June 16, 1997 meeting, Commission terms now begin October 1st of each year and expire September 30th of each year. N. OTHER BUSINESS/CITY COUNCIL (The Council will consider and may take action on the following items.) 1. COUNCILMEMBER BEEBE Discussion regarding the Fire Assessment Fees. O. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Gov. Code Sec. 54956.9 (b) and (c). Three Cases. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. 54956.9 (a). 1) Markiewicz v. City of Azusa and Azusa Redevelopment Agency (Los Angeles County Municipal Court Case No. 97C00382) 2) City of Azusa and Azusa Redevelopment Agency v. Mission Chrysler (Orange County Superior Court Case No. 764504) P. ADJOURNMENT 1. Adjourn to Wednesday, July 9, 1997, 6:30 pm, in the Library Auditorium, in order to conduct a Budget Workshop. 07/08/97 PAGE NINE