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HomeMy WebLinkAboutMinutes - April 5, 1999 - CC (2)CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, APRIL 5, 1999 - 7:30 P.M. The City Council of the City of Azusa met in regular session at the above date and time in the Civic Auditorium. Mayor Madrid called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION was given by Reverend MacDonald of the Christian Family Center. Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID ABSENT: COUNCILMEMBERS: NONE Also Present ALSO PRESENT: City Attorney Carvalho, City Manager Cole, Director of Utilities Hsu, Chief of Police Broderick, Superintendent of Recreation and Parks Jacobs, Community Development Director Bruckner, City Librarian Maghsoudi, Planning Secretary Rocha, Superintendent of Public Works Pedroza, City Clerk Solis, Deputy City Clerk Toscano. CEREMONIAL Ceremonial 'The entire Council presented a proclamation to City Librarian Maghsoudi, members of Proc National the Library Commission and Friends of the Library, proclaiming April 11-17 as Library Week National Library Week in the City of Azusa. City Librarian Maghsoudi and Children's Librarian Stewart listed the activities that will take place during the week. The entire Council presented a proclamation to Superintendent of Recreation and Parks Proc Arbor Day Jacobs, proclaiming April 15, 1999 as Arbor Day in the City of Azusa. Mr. Jacobs advised that there will be a tree planted at Memorial Park on April 15'". The entire Council presented a proclamation to Ms. Lana Grizzell, President of the Azusa Civitans as well as members of the Civitans, proclaiming the month of April as Civitan Awareness Month in the City of Azusa. Ms. Grizzell presented Council with Certificates of Appreciation and invited all to Jens Solem's party at her house. on Saturday from 2pm to 6pm, and to a special meeting on the 26' of April in the Library Auditorium regarding Civitans. The entire Council presented a proclamation to Senior Program Superintendent Crawford, proclaiming the month of April as National Volunteer Month in the City of Azusa and she accepted on behalf of the many volunteers throughout the City and announced that there will be a volunteer appreciation dinner on Thursday, April 15'. 'Ms. Donna Natali, Chuck Nine and Al Marquez of the VFW and Foundation for Families in Need, presented a check in the amount of $2,500 to Chief of Police Broderick, to purchase a defibrillator (heart paddle), which he advised will be housed at the Police Department. Proc Civitan Awareness Month Proc National Volunteer Month Check for $2,500 to PD for a defibrillator/heart paddle At this time the entire Council and audience left the auditorium to tie three yellow Yellow Ribbons ribbons on the trees in front of City Hall for the three Americans who are being held Americans in prisoners in Yugoslavia. Yugoslavia PUBLIC PARTICIPATION Public Part. Ms. Diana Offen addressed Council expressing her views regarding the Rosedale project D. Offen and requested that Council rescind its vote on the issue. comments Mr. Richard Troutman addressed Council expressing his views on the Rosedale project R. Troutman and also changes in Azusa, requesting reconsideration of the Rosedale vote. comments Mr. Ron Legault addressed Council expressing his view on Rosedale. R. Legault com. Mr. Roman Seano addressed Council expressing his views on the Rosedale Project and R. Seano requested that Council reverse its decision. comments Ms. Donna Fraijo Juarez addressed Council expressing her views on Rosedale and D. Juarez requested that they repeal the three ordinances. comments Ms. Stephanie Mills addressed Council stating that they should leave Azusa as it is. S. Mills, com. Mr. Richard Giors addressed Council regarding the Rosedale project stating that it should R. Giors remain as it is now, there should be not changes. comments Mr. Tom McEntire addressed Council regarding Rosedale project stating that Council T. McEntire should no change their vote. comments Mrs. Bev Stanford addressed Council expressing her dislike of the dirty politics that have B. Stanford been plaguing her and her family. comments Mr. Tim Mitts addressed Council presenting sketches of proposed wall treatment for the T. Mitts Rite Aid site, comer of Azusa Avenue and Foothill Boulevard. comments Mr. Mel Matthews of Charter Communication, addressed Council regarding an item on M. Matthews the agenda relating to a letter from the City protesting Charter Communications action Charter Comm. in regards to increase in franchise fee. He stated that Charter is not increasing the comments Franchise Fee and that the line item on the bill is a way of recovering the franchise fee that is paid to the city. The problem arises in the definition of gross receipts, because it includes revenues that are not typically on a subscriber's bill and that has resulted in a shortfall between the franchise fee collected from the customers and what is remitted to the City. He went on to explain what is shown on a bill, what has been buried, rate restructure, etc. He then answered questions posed by Councilmembers regarding franchise fee, revenues, subsidizing, etc. City Manager Cole addressed the issue stating that what Mr. Matthews is saying is that City Mgr all cable subscribers should pay for the people who are using home shopping network comments and for people advertising on the shows, and the City does not think this is right. REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS FROM Rpts/Cncl/Staff STAFF City Manager Cole thanked Council and City employees for the success of the Azusa 'Police Facility Expansion and Alteration Project grand opening. Councilmember Rocha advised that applications for the 4' of July Parade are available at the Chamber of Commerce, Memorial Park and City Hall, and it will be held on Sunday, July 4, 1999, at 10 a.m., with the theme "Freedom is not Free". There will be post parade activities with the Walk of Freedom. He stated that there is a monument being planned honoring KIA's of WWII, Korean, and Viet Nam wars. Mr. Bill Sena, Al Marquez, Councilmember Beebe and Councilmember Rocha displayed and read each inscription, design of the plaques and names of veterans honored for each war. 04/05/99 PAGE TWO City Mgr comments Rocha comment/ announcements Moved by Councihnember Beebe, seconded by Councilmember Stanford and Motion to unanimously carried by roll call that Councilmember Rocha and the veterans' committee proceed w/Vet proceed with the events planned for the veterans' memorial to be held on November 11, Mem events 1999. Councilmember Rocha invited all to help cleanup Azusa on May 1, 1999, 9 a.m. in front Cleanup of the Light an Water Department. Azusa Councilmember Beebe thanked all who were in attendance on Saturday at Gladstone Park for the kick-off of the Neighborhood Improvement Zone (NIZ). She encouraged all to participate and to support the improvements in the area. She also invited all to participate and attend the fight against cancer on May 15' and 16'", at a 24 hour walk at Azusa Pacific University track. A meeting will be held on Wednesday in the Library. Councilmember Hardison expressed concern for the notice of completion for the downtown improvements. He was advised that his concerns could be addressed before the issue comes to Council at the next meeting. Councilmember Stanford praised the Police Facility Dedication and displayed photographs of the event. He expressed concern regarding Y2K and suggested that staff look into the Red Cross Disaster Preparedness Kit. He requested that all keep in prayers Doris McEntire who has a broken pelvis and Vivian Felix who is a victim of breast cancer. Councilmember Rocha requested to keep in prayers J.R. Barrios who also has cancer Beebe comments announcements Hardison comments Stanford comments Rocha/comment Ms. Patricia Lobos, representative of Congressman Matthew Martinez addressed Council P. Lobos advising of a Hearing on the Older American Act at Alhambra City Hall at 9:30 a.m. Martinez's ofs She provided a new address for Congressman Martinez 2550 W. Main Street, Suite 301, Alhambra and phone number is 626-458-4524. SCHEDULED ITEMS Scheduled Items Customer Appeal for a disputed water bill from Mr. Ralph Rodriguez. Mr. ArtMorales Customer Appeal addressed the issue representing Mr. Rodriguez. He first read a letter into the record water bill dispute that he felt was lacking from the City record, detailed the issue and answered questions matter referred to posed by Council. It was consensus of Council that the matter be referred to the City of Mediation Azusa Mediation Program. Program PUBLIC HEARING - to consider Zone Change Z-98-3, Conditional Use Permit C-98- Pub Hrg 12, and Precise Plan of Design P-98-131, for the proposed construction of an Automotive Auto Repair Repair Facility at 710 N. Azusa Avenue. Shams Karimi. S. Karimi The Mayor declared the Hearing open and the Public Hearing was continued to the Continued to meeting of April 19, 1999. 4/19/99 City Attorney advised that a Closed Session was held earlier regarding the validity of the City Attorney Rosedale petitions and the discussions were not completed. advised 'The City Council recessed to Closed Session at 9:36 p.m., and reconvened at 10:26 p.m. Councilmember Stanford offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, CALLING FOR A SPECIAL ELECTION AND DIRECTING THE CITY CLERK AND STAFF TO PREPARE DOCUMENTS NECESSARY FOR HOLDING A SPECIAL ELECTION PERTAINING TO A VOTE ON RESCINDING ORDINANCE NOS. 99-1, 99-2, AND 99-3 PERTAINING TO THE PROPOSED ROSEDALE DEVELOPMENT GENERAL PLAN AMENDMENT, SPECIFIC PLAN AND DEVELOPMENT AGREEMENT. 04/05/99 PAGE THREE Recess/reconvene Res. 99-C46 Directing staff to Call for a Special Election on Rosedale Ordinances 99-1, 99-2, & 99-3. Moved by Councilmember Stanford, seconded by Mayor Madrid to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The CONSENT CALENDAR consisting of Items IV -A through IV -U, was approved Consent Cal by motion of Councilmember Rocha, seconded by Councilmember Beebe and appvd, G, H, L, unanimously carried, with the exception of items IV -G, H, L, N, P, and Q, which were N, P, & Q, considered under the Special Call portion of the Agenda. Special Call A. The Minutes of the regular meeting of March 16, 1999, the Special meetings of Min approved March 16, 1999, November 30, December 1, December 2, December 3, 1998, January 3, and January 23, 1999, were approved as written. B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, Res. 99-C42 CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT Landscaping & ASSESSMENT WITHIN CITY OF AZUSA LANDSCAPING AND LIGHTING Lighting ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 1999-00 AND GIVING Assessment NOTICE OF AND SETTING OF TIME AND PLACE OF HEARING ON THE Pub Hrg 5/17 LEVY OF SUCH ASSESSMENT. C. Bid opening was held in the Office of the City Clerk on March 16, 1999 for the Wheelchair Ramp CDBG projects, Wheelchair Ramp Construction (D96040-98) and Sidewalk & Sidewalk Imp. Improvements (D98041-98). Seven bids were received. The contract was Martinez awarded to Martinez Concrete Inc., low bidder, in the amount of $184,225. Concrete, Inc. D. Bid opening was held in the Office of the City Clerk on March 30, 1999, for the City Wide City -Wide Concrete Improvements. Eight bids were received. The contract was Concrete Imp. awarded to Kovac Incorporated, low bidder, in the amount of$90,600. Kovac Inc. E. The City Treasurer's Report as of February 28, 1999, was received and filed. Treas Rpt F. Tax Sharing Resolution with LA County Sanitation Number 22 to annex Azusa Tax Sharing Reso Development on San Gabriel Canyon Road known as Alexandre Catania project, LA Co. Sani in order to receive public sewer service, was approved. Dist. G. SPECIAL CALL ITEM. Special Call H. Bid opening was held in the Office of the City Clerk on March 23, 1999, for the Sr. Cntr & Head Senior Center and Head Start Roof Replacement. Four bids were received. Due Start Roof to problems with the bids, approval was given to reject all bids and authorize the bids rejected/ City Clerk to re -advertise. re -advertise I. Human Resources Action Items were approved as follows: Merit Increases: V. Johnson, and J. Padilla. Separations: L. North, Police Dispatcher, effective March 17, 1999. J. Change Order #58 for the City of Azusa Police Facility Addition and Alteration Project which addresses major electrical change issues and sixteen various components, i.e. new power and telephone connections, etc., was approved in the amount of $15,123.00, which will be funded by the Division of State Architect (DSA) grant and will not impact the General Fund. 04/05/99 PAGE FOUR Human Resources Action Items Change Order #58 PD approved K. Change Order #59 for the Azusa Police Facility Addition and Alteration Project Change Order which addressed replacement of the air conditioning and hearing system in the #59 PD south building, was approved in the amount of $12,576.00, which will be funded appvd by the Division of State Architect (DSA) grant and will not impact the General Fund. L. SPECIAL CALL ITEM. Spec Call M. In order to provide professional services to the City of Colton under the Customer Amendment to Information Services Agreement, the City must make changes to its software Licensing Agmt source code licensing agreement with D.J. Roupe and Associates. The w/D.J. Roupe & amendment to the Software Source Code Agreement was approved. Associates N. SPECIAL CALL ITEM. Spec Call O. Appropriation of funds for the creation of a full time position of Computer Computer Operator for the Light and Water Data Center operations was approved and staff Operator position was authorized to proceed with the open competitive recruitment process. This approved position will address job realignments within the Customer Service Division, and additional responsibilities that are part of the Colton Agreement. P. SPECIAL CALL ITEM. Spec Call Q. SPECIAL CALL ITEM. Spec Call R. Amendments to Compensation and Benefits Memorandum between the City of Amend Comp & Azusa and Head Start Employees were approved. The hours for the Disabilities Benefits Coordinator will be increased from 30 to 40 hours per week and the Custodian Memorandum position will be increased from 15 to 40 hours per week. Head Start S. Bid opening was held in the Office of the City Clerk on March 22, 1999 for the HVAC System HVAC System Project 99-02, at the Light and Water Building. Two bids were Project 99-02 received. The contract was awarded to Pro -Mechanical Corp., low bidder, in the L&W amount of $136,840. In Further, a. separate contract was awarded to Johnson Pro -Mechanical Controls, Inc. in the amount of $22,606.00, for furnishing and installing the Corp/Johnson equipment control devices. Controls T. The Professional Services Agreement with R.W. Beck in the amount of $14,000, Professional Svs for Engineering Study of proposed Landfill Gas -Fired Generating Plant was Agmt w/R.W. approved. Beck/Engr Study U. Two separate resolutions authorizing payment of warrants by the City were adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. Nos. 99-C44 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE & 99-C45 FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Warrants SPECIAL CALL ITEMS Special Call Items Councilmember Beebe expressed concerns regarding the street improvements on Beebe Gladstone Street with the exclusion of County area. She was advised that a cooperative comments agreement with County could be imposed for that area of street improvements. Moved by Councilmember Beebe, seconded by Councilmember Stanford and unanimously carried to approve plans and specifications for Street Improvements 98-99, Street Impvmts Various Locations", and authorize the City Clerk to advertise for bids. Various Locations approved 04/05/99 PAGE FIVE Councilmember Beebe expressed concerns regarding Head Start Roof Replacement item asking if the $10,000 budgeted is an appropriate amount for the project or is there a need for a funding adjustment increasing the amount. She was advised that it would be adjusted by the Head Start accounting which is County funded. Moved by Councilmember Beebe, seconded by Councilmember Stanford and unanimously carried to reject all bids submitted for the Senior Center and Head Start Roof Replacement Project and authorize the City Clerk to re -advertise for bids. Councilmember Beebe expressed concern regarding waiving formal bidding procedures for the purchase of Hewlett Packard computers, questioning if this would come under the newly adopted purchasing procedures. Beebe comments Sr Cntr & Head Start Roof Replacement Beebe concerns City Attorney Carvalho advised that the new procedures only applies for public works City Attorney projects at this time and not for the purchase of equipment and services; this is subject responded to the old rules that anything over $500 has to be publicly bid and in the case of sole source it is requested to waive formal bidding procedures as in this case. Councilmember Beebe offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA WAIVING FORMAL SEALED BIDDING AND AWARDING OF CONTRACTS FOR HARDWARE AND SOFTWARE UPGRADES TO SYSTEM TECHNOLOGY ASSOCIATES AND COGNOS CORPORATION. Moved by Councilmember Beebe, seconded by Councilmember Stanford to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: 'NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, BEEBE, MADRID NONE NONE City Manager Cole addressed item IV -L regarding the employment contract. He requested that the recommended action in the staff report be adjusted downward due to the impact on the system as a whole and in an effort to maintain a degree of continuity, he suggested a 15 1/z % increase, which is $73,777, as the base salary and a language be worked out replacing the indexing and performance incentives, deleting them and tagging the benefits and salary to Light and Water mid management employees. Res. 99-C43 Hardware & Software Upgrades System Tech. & Cognos Corp. City Mgr comments re: Agmt w/ Employee Moved by Councilmember Beebe, seconded by Councilmember Stanford and Customer Svs unanimously carried to approve the Customer Information Services Agreement between Agmt w/Colton the City of Azusa and the City of Colton; and approve the Agreement for Contract & Agmt w/ Employee Services, as amended, between the City of Azusa and Kevin Morningstar. Employee appvd Councilmember Beebe addressed item regarding letter of protest to Charter Beebe Communications asking what the City is suggesting could be done in this situation which comments was discussed earlier in the meeting by Mel Matthews of Charter Communications. City Manager Cole responded stating that if they pass on costs for services, they should City Mgr identify disposition of costs appropriately; since cable rate payers are the affected party, response they should call it a franchise fee increase. Moved by Councilmember Beebe, seconded by Councilmember Stanford and Letter of Protest unanimously carried to authorize City Manager to send letter to Charter Communications to Charter protesting the proposed increase in Franchise Fees to be charged by them to subscribers Communications of Cable Television. 04/05/99 PAGE SIX Item regarding Transportation Reimbursement for City Manager was continued to Transportation Wednesday, April 7, 1999, at 6:00 p.m. to be discussed in conjunction with Closed Reimbursement Session item concerning City Manager Performance Evaluation. cont to 4/7/99 THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Cncl recess CONVENED AT 10:35 P.M. convene CRA _ THE CITY COUNCIL RECONVENED AT 10:37 P.M. Cncl reconvene ,ORDINANCES/SPECIAL RESOLUTIONS Ord/Spec Resos Councilmember Hardison offered an Ordinance entitled: AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA AMENDING ARTICLE 1" Rdg Ord IV OF CHAPTER 30 OF THE AZUSA MUNICIPAL CODE CONCERNING THE Re: Fireworks DISTANCE REQUIREMENTS BETWEEN FIREWORKS STANDS AND THE SALE Stand distance OF FIREWORKS FOR THE MILLENNIUM CELEBRATION. & Sale Moved by Councilmember Hardison, seconded by Councilmember Rocha and unanimously carried by roll call to waive further reading and introduce the Ordinance. It was consensus of Councilmembers to adjourn to Wednesday, April 7, 1999, in the City Adjournto 4/7 Manager's Office to conduct a Closed Session concerning City Manager Performance Closed Sess Evaluation and Transportation Reimbursement and to keep in prayers Doris McEntire, Vivian Felix and J.R. Barrios. TIME OF ADJOURNMENT: 10:40 P.M. CITY NEXT RESOLUTION NO. 99-C47. NEXT ORDINANCE NO.99-08. 1 04/05/99 PAGE SEVEN