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HomeMy WebLinkAboutMinutes - August 2, 2004 - CCCITY OF AZUSA ' MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, AUGUST 2, 2004 - 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. CEREMONIAL Ceremonial The entire Council presented a proclamation to Lupe Chagolla, expressing their congratulations L. Chagolla and best wishes on her retirement from the Azusa Unified School District. Proc — retire The entire Council presented a Certificate and Blue Star to the family of Private Steven S. Navarette Navarette Jr., who is serving in the U.S. Armed Forces. Blue Star CLOSED SESSION Conference with Legal Counsel — Existing Litigation (Gov. Code Sec. 54956.9). Name of Case: Deanna Rios v. City of Azusa Case Number: U.S. District Court, Central District, Case No. CV64-4039SJO Conference with Labor Negotiator (Gov. Code Sec. 54957.6) Agency Negotiators: Mr. Robert Person and Ms. Julie Gutierrez Organizations/Employee: APOA and IBEW Employee Appointment (Gov. Code Sec. 54957) Title: Finance Director Closed Sessi Confw/legal C D. Rios Confw/legal C APOAMBEW Emp Appt Fin Dir City Attorney Carvalho advised that there was no reportable action taken on the above listed City Attny items, however, additional discussion will be held at the end of the meeting regarding Employee No action Appointment. Mayor Madrid called the meeting to order and led in the Salute to the Flag. INVOCATION was given by Mr. John Cabrera of Christbridge Immanuel Church. ROLL CALL PRESENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: City Attorney Carvalho, City Manager Gutierrez, Assistant City Manager Person, Chief of Police Davis, Director of Public Works Nakasone, Director of Utilities Hsu, Human Resources Hanson, Parks Supervisor Chavez, Urban Forest Montes, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Ms. Sarah Lee addressed Council sharing a story about her son, Stephen Lee, five months old, who has a disease call plagiocephaly that has caused a deformity with his head, as he has to lie on one side of his head, all the time. She stated that he has to go through therapy and wear something called a dockhand, which costs $3,700, and her Insurance does not cover it. She announced that she will be having a car wash on Saturday, August 7, 2004, at the VFW from 8 a.m. — 2 p.m., and she Invited all to attend. It was consensus of Councilmembers to give her $100 from the sponsorship fund. Call to Order Invocation Roll Call Also Present Pub Part S. Lee comments Mr. Seamus McKeever addressed Council sharing his experience as a Chaperon of the Sister S.Mckeever City Youth Exchange as he is housing two young children from Zacatecas, Mexico, Azusa's Comments Sister City. He encouraged all to get involved in the program. Mr. Lana Grizzell, too, shared her experience as a parent to the two children from Zacatecas. L. Grizzell She talked about the cultural exchange that Is needed throughout the Country. Comments Mrs. Marie Kukula Tyner addressed Council expressing her opinion regarding Councilmember M. Kukula Tyner Stanford. She suggested that resolution be passed requiring all Councilmembers to take a drug Comments and alcohol test. She then read a poem. Mr. Michael Tyner addressed Council making a public service announcement to kids saying M. Tyner "Just say no to drugs and alcohol". He too expressed his opinion regarding Councilmember Comments ' Stanford. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Councilmember Rocha provided an update on Viet Nam Moving Wall, stating that the City of Rocha Azusa will be hosting it from October 26, 2005 —November 4, 2005. He described the replica Comments wall and requested local organizations throughout the City for their help with the project and to call 334-1582. He stated that he has already set up a tentative program, with food provided by In and Out. There is no cost to the City and it will be $3,000 to bring the wall here and $2,500 has already been raised. He stated that the event is being sponsored by the Veterans of Azusa and the Chamber of Commerce. He thanked Peggy Martinez for the Banners on Azusa Avenue and also thanked Parks Supervisor Roy Chavez, Urban Forest Ross Montes and the Piper Family and Angel Ferguson for painting and planting at the Museum. He announced that there will be a tree planting event on Saturday, August 7, 2004, at 8 a.m. on Angeleno and 11th Street, parkway at Longfellow school. Councilmember Hardison offered comments on the Renovation of the Electric Yard at 1020 Hardison West Tenth Street, stating that he had formerly questioned the reason why the project had Comments received only one bid, but, advised that after reviewing the specifications, etc. he considers it a sound project. 'Mayor Pro -Tem Stanford reiterated that the fundraiser car was for Stephen Lee would be on Stanford Saturday, August 7, from 8 a.m. — 2 p.m. He thanked Councllmember Rocha and Peggy Comments Martinez for the banners on Azusa Avenue and Foothill Boulevard for local residents that are currently serving In the military. He read a statement into record regarding the automobile accident he was involved in on Monday, July 19, 2004; he detailed the circumstances and events surrounding the accident. Mayor Madrid bid farewell to employees taking the Golden Handshake and leaving. City Mayor Madrid employment as follows: Sallie Acero, Victor Blanton, Roy Bruckner, Rosemary Garcia, Robert Comments Iwasczyszyn, Michael Jerome, Norma Levy, Diane Munoz, Randy Noriega, Mary Ortiz, and Keith Vorndran; she thanked them for their many years of service to the City. She then asked for volunteers to help the City Librarian Albert Tovar to try and obtain the Library Grant for a new Library for the City of Azusa; call Mr. Tovar at 812- 5200. She stated that she will be a chaperon with the Sister City Youth Exchange this year, and will be traveling to Zacatecas, Mexico. SCHEDULED ITEMS Sched Items PUBLIC HEARING — to consider Water System Development and Annexation fees to be charged Pub Hrg by Azusa Light & Water. Wtr Sys Dev &Annex Fee Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication Hrg open 'The of notice of said hearing published in the Azusa Herald on July 22, 2004. Utilities Director Hsu addressed the Public Hearing stating that this is an annual review and Dir of Utilities renewal to increase the Water System Development and Annexation Fees. He provided a brief Comments history of how and why the development and annexation fees were established, which were basically to be used to pay costs associated with new developments within the existing water service area and to pay for system upgrades necessary to serve properties located outside the existing water service areas after the properties were annexed. He stated that the Increase is based on the Engineer's Construction Index. 08/02/04 PAGE TWO Testimony was solicited, but, none was received. Testimony/none Moved by Councilmember Chagnon, seconded by Councilmember Rocha and unanimously Hrg closed carried to close the Public Hearing. Mayor Pro -Tem Stanford offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING THE Res. 04-058 WATER SYSTEM DEVELOPMENT FEES. Wtr System Dev fee Moved by Mayor Pro -Tem Stanford, seconded by Councilmember Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mayor Pro -Tem Stanford offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE WATER Res. 04-059 SYSTEM ANNEXATION FEES. Wtr System Annex Fee Moved by Mayor Pro -Tem Stanford, seconded by Councilmember Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE City Manager Gutierrez stated that the staff is requesting an amendment to the 2005-2009 CIP City Mgr budgets to begin an Early Tree Care Program using Public Benefit/Proposition 12 Grant in the CIP Early Tree amount of $50,000. Care Program 'Mr. Ross Montes, Urban Forester for the City responded to questions posed by Councilmembers regarding the Early Tree Care Program stating that approximately 4500 trees have been planted since the year 2000. He stated that there is a five year grid trim cycle where they will go through the entire City within a five year period and it will be based on how it is budgeted per year. He also stated that there may be possible grants in the future. Moved by Councilmember Rocha, seconded by Councilmember Chagnon and unanimously carried to amend the 2005-2009 Capital Improvement Program (CIP) Budget and authorize commencement of an "Early Tree Care Program" using Public Benefit/Proposition 12 competitive Grant Reimbursable Funding and appropriating $50.000 In Proposition 12 funds to a new CIP Project. Mayor Madrid expressed concerns regarding chemical weed spraying. R. Montes Urban Forest Response Amend CIP Early Tree Care Program Approved Authorization to Enter into a Professional Services Agreement with B/R Partners for Project Professional Svs Management of the Monrovia Nursery Development Project. Agmt Mon Nurs City Manager Person addressed item noted above stating that the only concerns that have been raised regarding the contract were the provisions for terminating the contract on a prompt basis; he stated that it a seven day notice as other contracts, otherwise nothing has changed since It was last presented. He answered questions posed by Councilmembers stating that Community Development Department reorganization is being handled by Sharon Hightower, who has been working for the last few weeks overlapping between her and Mr. Bruckner. 'Councilmember Rocha voiced concern regarding there being no competitive selection process for the project manager and that it's such major project for the City. He also stated that on page one, recital number two of the agreement, it states that B/R Partners has experience with planning and project management service to public and private clients, yet he sees no evidence of that experience; he asked his colleagues to put the agreement out to bid. Assist City Mgr Comments Rocha Comments City Manager Gutierrez and Assistant City Manager Person responded stating that there is no City Mgr & one outside the project that has an entire history with the project and that the benefits of Assist City Mgr having Mr. Bruckner as coordinator between the new owners of Monrovia Nursery and the City Response are his knowledge of working through the City processes, experience with the Specific Plan and General Plan, and the project will move forward to get done In a timely manner. 08/02/04 PAGE THREE Moved by Councilmember Chagnon, seconded by Councllmember Hardison and carried to Professional Svs authorize staff to enter Into a Professional Services Agreement, effective August 1, 2004, with Agmt w/B/R B/R Partners for Project Management Services of the Monrovia Nursery development project. Partners Mon Councilmember Rocha and Mayor Madrid dissenting. Nurs Dev Proj Confirmation of the City Council Chambers Security Auditorium Project of the FY2005Capital Auditorium Sec Improvements Project (CIP) Budget Assessment. Discussion was held between Councilmembers and staff regarding using $35,000 of the FY2005 Dls between Capital Improvements Project In order to provide City Council Chambers Security. After all Council & Councilmembers provided their opinion regarding the issue, it was consensus of Staff Councilmember to do a feasibility study to obtain designs, and costs amounts and bring the study back some time in September. It was also consensus that the Issue be discuss with the Cultural and Historical Preservation Commission and the Architectural Barriers Commission. PARS Separation Incentive Implementation. Moved by Councilmember Hardison, seconded PARS Separation by Councilmember Rocha and unanimously carried to approve the following: 1) Approve a Incentive payment of $247,358.80 to Pacific Life Insurance Company for three consecutive years in order Implementation to fund the Public Agency Retirement System (PARS) Separation Incentive Plan which was adopted by the City Council o May 3, 2004. 2) Approve a transfer fro the following fund balances to the Employee Benefits fund in the amount of $247,358.80, as follows: General fund $190,266.72, Consumer Services Fund $37,505.52, and Electric Fund $19,586.56. Vacation Balance Payout to CAP. City Manager Gutierrez advised that APMA have signed a Vacation one year extension with administration; they won't be Included in the payout, which will reduce Payoff the amount of $234,782, to about $176,000. Moved by Councilmember Hardison, seconded by Councilmember Rocha and unanimously Approved carried to approve the following: 1) Approve the vacation balance payouts to employees of Excluding AMMA,EXEC, and IBEW per their current contract. 2) Approve a budget transfer In the amount APMA of approximately $176,000 from various fund balance to cover the cost of the vacation payouts & reduced amt as outlined in Attachment A. 'The CONSENT CALENDAR consisting of Items VI -A through VI -H was approved by motion of Consent Cal Councilmember Hardison, seconded by Councilmember Chagnon and unanimously carried, with VI—A — VI -H the exception of items VI -C, VI -D, and VI -E, which were considered under the Special Call VI -C, D, E portion of the Agenda. Spec Call A. The Minutes of the regular meeting of July 19, 2004, were approved as written. B. Human Resources Action Items were approved as follows: Merit Increase and/or Regular Appointment: J. Arias, J. Jacobs and S. Smith. New Appointments: S. Callebs, Customer Service I, pending physical. Promotional Appointment: J. Sanchez, Water Distribution Worker I, effective 8/9/04. Flexible Staffing: E. Cazares, Water Production Operator 11, effective 7/7/04 M. Criswell, Water Production Operator Ill effective 7/7/04 C. Solis, Water Production Operator 111, effective 7/7/04 J. Szabo, Water Production Operator 111, effective 7/7/04 Separations: Sally Acero, Customer Care Operations Supervisor, effective 7/29/04 Victor Blanton, Street Maintenance Worker III, effective 7/29/04 Roy Brucker, Director of Community Development, effective 7/31/04 Rosemary Garcia, Customer Service Representative III, effective 7/30/04 Robert Iwasczyszyn, Equipment Mechanic Supervisor, effective 7/29/04 Michael Jerome, Police Officer — Corporal, effective 7/31/04 Norma Levy, Senior Librarian — Technical Services, effective 7/30/04 ' Diane Munoz, Senior Office Specialist, effective 7/31/04 Randy Noriega, Director of Park Planning & Development, effective 7/31/04 Mary Ortiz, Library Assistant III, effective 7/30/04 Keith Vorndran, Electric Crew Supervisor, effective, 7/31/04 C. SPECIAL CALL ITEM. D. SPECIAL CALL ITEM. E. SPECIAL CALL ITEM. 08/02/04 PAGE FOUR Min approved Human Res. Action Items Spec Call Spec Call Spec Call Approval was given to approve the project completion notices and over expenditures to Notice of Comp contracts with Gentry Brothers and American Asphalt for completion of Year 2 of the City's & over exp "Pavement Management Plan Improvements": 1) Authorize the City Clerk's Office to file Pavement the Completion Notices with the County Recorder's Office 2) a. Authorize payment for Management extra work in the amount of $130,171 to the following: a) Authorize payment of $126,154 Program In excess of the contract authorized with Gentry Brothers. Original contract amount $937,729 plus $126,154 for additional work described in the background of the report for a total contract amount of $1,063,883. b. Authorize payment of $4,017 in excess of the contract authorized with American Asphalt. Original contract amount of $833,765 plus $4,017 for additional work described in the background of the report for a total contract amount of $837,782. G. Request by Ms. Sally Acero to receive an annuity option for health insurance during Request S. Acero ' retirement was approved. A budget amendment transferring $81,250 from the Water Fund Annuity Option (32) and $43,750 from the Electric Fund (33) to the Self Insurance Fund — Reserve for Health Ins. Employee Health Retirement (42) was also approved. H. The following Resolution 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 Res. 04-C60 TO BE PAID. SPECIAL CALL ITEMS Park Supervisor Chavez responded to question of Councilmember Hardison stating that yes, the purchase is part of the Landscape and irrigation Contract. Moved by Councilmember Rocha, seconded by Councilmember Chagnon and unanimously carried to authorize the purchase a Toro Groundmaster 4000D Lawnmower in an amount of $45,846, for the Parks Division of the Recreation and Family Services Department. Councilmember Hardison requested clarification of a few Items listed under the "Special Provisions" section of the contract regarding irrigation repair invoicing &reimbursement. Park 'Supervisor Chavez responded noting the responsibilities of the contractor and the City. Further, with regard to the Contractors responsibility for the replacement of plants, it was consensus that the replacement period be changed from six (6) months to a twelve (12) month period on page CA -6 of the contract. Councilmember Chagnon questioned why drought resistance native plants north of Sierra Madre have died, and whose responsibility It was to care for them; further, how staff could prevent this from occurring with future contracts. Park Supervisor Chavez responded stating that it will be addressed in the contract under Maintenance Guidelines on the plant material. City Manager Gutierrez advised that last year there wasn't sufficient budgeting and now it is in the budget. Warrants Spec Call Items Pur Toro Groundmaster Bids &Specs L 8.1 Maint Discussion Moved by Councilmember Rocha, seconded by Councilmember Chagnon and unanimously Bids &Specs carried that bids and specifications for the three year contract for Landscape and Irrigation L8d Maint Maintenance of Various Median Islands, Public Facilities and Right -of -Ways, be approved, as Approved amended. Counclimember Hardison expressed concern regarding the Pioneer Park Restroom Project stating that the Light and Water Department is proposing to place a water tank at that same location; he questioned how the placement of a water tank would affect the Restroom Project. He requested that staff prepare a report to address the issue and include where they will be placing the water tank, how much it will cost, and about the soil condition. Moved by Councilmember Rocha, seconded by Councilmember Chagnon and unanimously carried to approve a $7,200 change order for the Pioneer Park Restroom Project, CIP Project #22-80-000-160/7130/42003D and authorize a change in the Contract Purchase Order with jergensen Construction to be revised from $258,000 to $265,200. Hardison Concern re: Pioneer Park Restroom & Water Well Change order Pioneer Rest Project Approved THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED JOINTLY AT 8:47 P.M. Cncl/CRA TO CONSIDER THE FOLLOWING: Convene jntly Redevelopment Agency Administration/Advance from the City. Operating expenses for the Admin/Advance Redevelopment Agency were approved I the 2004/05 Budget. To fund these expenses with from the City Redevelopment property tax Increment revenues, the Agency must enter Into a debt instrument with the City. 08/02/04 PAGE FIVE Assistant City Manager Person addressed the Issue stating that this is an annual event that sets Asst City Mgr up debt that way tax increment can flow to pay for debt incurred by the Redevelopment comments Agency. Director Hardison offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING A Res. 04-1120 LOAN FROM THE CITY O AZUSA FOR PURPOSES OF THE MERGED REDEVELOPMENT PROJECT Requesting Loan AREA. From City Moved by Director Hardison, seconded by Director Stanford to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Councilmember Hardison offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS FOR Res. 04-C61 PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA. Authorizing Loans Moved by Councilmember Hardison, seconded by Mayor Pro -Tem Stanford to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 8:48 CRA convened P.M. THE CITY COUNCIL RECONVED AT: 8:48P.M. Cncl reconvened Mayor Pro -Tem Stanford offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA EXTENDING THE PLAN 1" Rdg Ord EFFECTIVENESS DEADLINE AND THE TAX INCREMENT RECEIPT DEADLINE FOR THE Extending REDEVELOPENT PLAN FOR THE AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CRA Plans MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPENT PROJECT AREA. Moved by Mayor Pro -Tem Stanford, seconded by Councilmember Hardison and unanimously carried to introduce the proposed ordinance. It was consensus of Councilmember to recess back Into Closed Session to discuss the Recess to following: Closed Sess Employee Appointment (Gov. Code Sec. 54957) Title: Finance Director The City Council recessed at 8:50 p.m. and reconvened at 9:15 p.m. City Attorney Carvalho advised that there was no reportable action taken. It was consensus of Council in memory of the Mayor's Aunt Isabel Toledo. TIME OF CITY 9:16 P.M. NEXT RESOLUTION NO. 2004-C62. NEXT ORDINANCE NO. 2004-06. 08/02/04 PAGE SIX Recess/Rec No Rpts Adjourn in Memory of I. Toledo