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HomeMy WebLinkAboutMinutes - October 17, 2005 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, OCTOBER 17, 2005 - 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. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION AND WORKERS ' COMPENSATION CLAIM — DAVIS — (Gov. Sec. 54956.9 (111) Conf w/Legal Wkrs Comp CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Gov. Code Sec 54956.9(b &0) One Case. Claim by Vulcan Materials. Conf w/Legal Vulcan Mtrls REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 850 West Tenth Street, Azusa, CA 91702 Real Prop Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiations Under Negotiation: Price and Terms of Payment 850 W. Tenth REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 728 North Dalton Avenue, Azusa, CA 91702 Real Prop Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiations Under Negotiation: Price and Terms of Payment 728 N. Dalton CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. 54946. (a) Conf w/Legal Case name: John R. Moore v. City of Azusa, et al. J. Moore Case number: Los Angeles Superior Court - Central Branch - Case No. BS -094963 The City Council reconvened at 7:35 p.m. City Attorney Carvalho advised that there was not Reconvened reportable action taken in Closed Session, but that discussions will be resumed at the end of the City Attorney regular Council meeting. Comments Mayor Chagnon called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION - was given by City Manager Fran Delach. Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, CARRILLO, HANKS, CHAGNON ABSENT: COUNCILMEMBERS: ROCHA ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Utilities Director Closed Sess The City Council recessed to Closed Session at 6:32 p.m. to discuss the following: Recess CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6). Agency Negotiators: City Manager Delach and Assistant City Manager Person Conf w/Labor Organizations/Employee: ACEA, APMA, AMMA, APOA, CAPP, IBEW, LABORERS, EXECUTIVE. Negotiators REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Property Address: 890 E. Alosta Avenue, Azusa, (Foothill Shopping Center) Real Prop Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiations Under Negotiation: Price and Terms of payment Foothill Center CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION AND WORKERS ' COMPENSATION CLAIM — DAVIS — (Gov. Sec. 54956.9 (111) Conf w/Legal Wkrs Comp CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Gov. Code Sec 54956.9(b &0) One Case. Claim by Vulcan Materials. Conf w/Legal Vulcan Mtrls REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 850 West Tenth Street, Azusa, CA 91702 Real Prop Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiations Under Negotiation: Price and Terms of Payment 850 W. Tenth REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 728 North Dalton Avenue, Azusa, CA 91702 Real Prop Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiations Under Negotiation: Price and Terms of Payment 728 N. Dalton CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. 54946. (a) Conf w/Legal Case name: John R. Moore v. City of Azusa, et al. J. Moore Case number: Los Angeles Superior Court - Central Branch - Case No. BS -094963 The City Council reconvened at 7:35 p.m. City Attorney Carvalho advised that there was not Reconvened reportable action taken in Closed Session, but that discussions will be resumed at the end of the City Attorney regular Council meeting. Comments Mayor Chagnon called the meeting to order and led in the Salute to the Flag. Call to Order INVOCATION - was given by City Manager Fran Delach. Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, CARRILLO, HANKS, CHAGNON ABSENT: COUNCILMEMBERS: ROCHA ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Utilities Director Hsu, City Engineer Scott, Economic Development Director Coleman, Public Information Officer Quiroz, Interim Chief of Police Garcia, City Treasurer Hamilton, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Public Part Mr. Dan Simpson addressed Council expressing his opinion regarding the newly proposed D. Simpson Fireworks Ordinance, i.e. fines not high enough; appoint a fireworks czar to oversee compliance, Comments and a task force to oversee the implementation. Mr. Jorge Rosales addressed Council expressing thanks to employees and Administrative staff J. Rosales who assisted him with various matters which helped him. He announced that on October 25, Comments 2005, Teen Advisory Counsel will be having a Magic Show and Haunted House of Horror. Mr. Art Morales addressed Council recognizing Interim Chief of Police Garcia, City Treasurer A. Morales Hamilton and David Feldman in the audience; he also recognized Mike Lee was not in comments attendance at the meeting. He wished all people at home a good evening in English and Spanish. He noted that 5 minutes is not enough time to relate all his items of concerns and that other cities have no time limit. He provided the history of Hispanic Heritage Celebration that began in 1968, noting that recognition hasn't been consistent In the last 10 years. He requested that Hispanic Heritage Month be planned for nextyear and stated that it usually runs from 9/15 — 10/15; he noted the importance of the event for the future children of Azusa. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Mayor Chagnon announced the vacancies that still exist In several City Boards and Commission Chagnon as follows: two vacancies in the Human Relations Commission, one vacancy in the Library Comments Commission and one vacancy in the Cultural and Historic Preservation Commission. It was consensus of Council that the application period for those vacancies is extended until Thursday, November 3rd, and that an update is provided at the November 7th meeting. Mayor Chagnon announced that the Free Yard Sale Weekend will be on October 29`h and 301h. Chagnon She also announced free flue shots at Stater Brother markets. Comments Councilmember Carrillo congratulated the Golden Days Committee on the success of the events Carrillo and thanked all who participated. He also thanked Sister City Committee for bringing Azusa's Comments Sister City, Zacatecas dignitaries to the events. Mayor Chagnon requested that staff calendar Hispanic Heritage month for 2006 and be directed Chagnon to prepare a proclamation in celebration, scheduled for September, 2006. Comments Public Information Officer Quiroz announced that there will be a Siren Test performed by the PIO Quiroz Azusa Police Department Office of Emergency Services on Monday, October 24"6:30 p.m. He Comments advised that this is the second test this year which will coincide with Fire Prevention month. He requested and reminded residents not to call Police Department, or 911. He advised that it will be north of the U.S. Forestry Station and additional information is on the City's web site. He announced that the City raised $1,745.07, for the Red Cross to go towards victims of Hurricane Katrina. City Attorney Carvalho announced that this will be her last City Council meeting before going on CityAttorney Maternity Leave; she will return in March, 2006. Comments SCHEDULED ITEMS Sched Items PUBLIC HEARING — on Water Rate Adjustment — to consider a 3% increase in water utility rates Pub Hearing (excluding contract water rates) effective for all bills rendered on and after November 1, 2005. Water Rate Adjustment The Mayor declared the Hearing open. City Clerk read the affidavit of proof of publication of Hrg Open notice of said hearing published in the Azusa Herald on September 1, 2005. ' Director of Utilities Hsu addressed the issue requesting a 3% water rate increase due to J. Hsu Infrastructure — underground pipelines, operations and maintenance and water production. He Comments stated that the City doesn't have enough water rights so there is a need to purchase replacement water when needed. He stated that there were 26,000 notices that went out to the public and less than one dozen responses were received. He then answered questions posed by Councilmember's regarding water rights, replacement water costs and strategy for the future. Testimony was received from Mr. Bill Robinson, and Mr. Art Morales, both who expressed their B. Robinson opinion regarding the water rate increase. Director of Utilities responded to questions posed. A. Morales comments t0/17/05 PAGE TWO ., Mr. Bill Driever addressed the issue expressing his concern regarding the timing of the increase, B. Driever noting he was told most adjustments occur in July of each year. Director of Utilities Hsu Comments responded stating that the increase may have been held at this time to coincide with the beginning of the conversion of the new billing system. City Manager Delach advised that he will look in the issue of master meters and sub meters in City Mgr mobile home parks to ensure that the residents are not be taken advantage of. Comments Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Hanks and unanimously* Hrg Clsd carried to close the Public Hearing. Mayor Pro -Tem Hardison offered a Resolution entitled: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE SCHEDULE OF Res. 05-C93 WATER RATES AND CHARGES FOR THE AZUSA LIGHT AND WATER DEPARTMENT. Inc Water Rates Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ROCHA PUBLIC HEARING — on Expenditure Plan — State and Federal Awarded Grant Funds. Pub Hrg COPS The Mayor declared the Hearing open. City Clerk read the affidavit of proof of publication of Hrg open notice of said hearing published in the Azusa Herald on October 6, 2005. Testimony was received from Mr. Art Morales in favor of the Expenditure Plan for the Azusa Testimony Police Department. Moved by Councilmember Carrillo, seconded by Mayor Pro -Tem Hardison and unanimously* Hrg Clsd carried to close the Public Hearing. Interim Chief of Police Garcia provided an update on the Police Helicopter which Is leased from Interim Chief the City of Pasadena. He advised that the only air support the City receives Is through the Garcia helicopter and usually when the helicopter is constant is because there is activity going on. Comments Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Carrillo and unanimously* COPS Pgrm & carried to amend the 2005-06 City budget to include appropriation of funds to be received from JAG approved the State Citizen's Option for Public Safety (COPS) Program and the Justice Assistance Program UAG) and approve the proposed expenditure plan and purchases. The anticipated funds from these two programs are $118,95 1. 2005 General Plan Annual Report. Moved by Mayor Pro -Tem Hardison, seconded by 2005 Gen Councilmember Hanks and unanimously* carried to receive and file the 2005 General Plan Plan Annual Rpt Annual Report. Mayor Pro -Tem Hardison offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING AND ADOPTING Res. 05-C94 LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT— CEQA Guide - 2005 REVISION (PUB. RESOURCES CODE §§21000 ET SEQ.) Lines Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, HANKS, CHAGNON 'NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ROCHA Capital Improvement Program and Budget fiscal year 2005-06. Mayor Chagnon posed CIP Budget questions regarding Angeleno Park, Remodeling of Light Building at the yard, City Yards Design FY 2005-06 and Construction and the Dog Park of which Staff responded. Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Carrillo and unanimously* carried to approve the Capital Improvement Program and budget for fiscal year 2005-06 10/17/05 PAGE THREE Proposed Ordinance regarding Fireworks in Azusa. City Attorney Carvalho advised that she Proposed Ord created the proposed ordinance with input incorporated from comments received from City Re: Fireworks Councilmembers as well as from Staff, Azusa Police Department and the Adhoc Committee regarding Fireworks. Lengthy discussion was held regarding sections of the proposed ordinance. Mayor Chagnon Lengthy pointed out clerical errors to be stricken from the proposed ordinance and posed suggestions Discussion and questions of which staff responded and accepted. Councilmember Hanks expressed his opposition to the proposed reduction of days that legal fireworks could be discharged; he also opposed the reduction of non-profit groups by attrition and lastly expressed opposition to administrative fines being given to individuals who discharge legal fireworks during days proceeding July 4'". Moved by Mayor Pro -Tem Hardison, and seconded by Mayor Chagnon to introduce the proposed ordinance as amended. 'Discussion was held regarding whether a fireworks permit fee would have to be filed if the group Add'I were not going to have a stand in order that they not lose their right to have a stand in the Discussion future; the permit fee will be refunded it not used. (This was included in the motion). City Attorney Carvalho and Interim Chief of Police Garcia concurred that that is what the Adhoc Committee and others agreed upon for the proposed ordinance. Councilmember Hanks requested that the motion be amended to include his comments Hanks regarding reduction of dates fireworks could be discharged and reduction of non-profit groups Motion by attrition. Motion died for the lack of a second. Died Mayor Pro -Tem Hardison offered an Ordinance, as amended, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING 1" Rdg Ord CHAPTER 30 OF THE AZUSA MUNICIPAL CODE BY RESTATING IN THEIR ENTIRETY DIVISIONS 1 Fireworks AND 2 OF ARTILCLE IV OF CHAPTER 30 CONCERNING THE REGULATION OF THE SALE AND As amended DISCHARGE OF FIREWORKS WITHIN THE CITY OF AZUSA. Moved by Mayor Pro -Tem Hardison seconded by Mayor Chagnon and carried* to introduce the proposed Ordinance; Councilmember Hanks dissented and Councilmember Rocha absent. The CONSENT CALENDAR consisting of Items D-1 through D-7 was approved by motion of Consent Cal ' Mayor Pro -Tem Hardison, seconded by Councilmember Carrillo and unanimously* carried. Appvd 1. The Minutes of the regular meeting of October 3, 2005, the Adjourned meeting of Min approved September 12, 2005 and the Adjourned/Special meeting of September 26, 2005, were approved as written. 2. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 05-C95 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO Warrants BE PAID. 3. Approval was given for the issuance of a purchase order in an amount not to exceed Pur Burd Trns $16,400 to Jensen Precast for the purchase of 24 Burd Transformer Enclosure Pad Tops Jensen Precast and Diamond Plate Covers. 4. Approval was given for the issuance of a purchase order to North Pacific Group, Inc. in an Pur Wood Pwr amount not to exceed $16,920, for Wood Power Poles. Poles 5. Approval was given to award the contract for installing all of the emergency safety Safety Equp equipment on six new police vehicles to 10-8 Retro Fit, in the amount of $17,685.67. Police vehicles 16. Formal bidding procedures were waived and approval was given for the purchase of Software Main software maintenance and support contract from Cognos, in the amount of $10,727.58. Cognos 7. Approval was given to permit the City Manager to temporarily exceed budgeted staffing in Hire two Temp the Azusa Police Department by hiring two sworn officers. Officers PD 10/17/05 PAGE FOUR SPECIAL CALL ITEMS None. Spec Call Items None THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 9:19 P.M. Convene CRA THE REDEVELOPMENT AGENCY ADJOURNED AND THE CITY COUNCIL RECONVENED AT 9:20 Convene City P.M. The City Council recessed to Closed Session at 9:20 p.m. to discuss the items not addressed at Closed Sess the beginning of the City Council meeting. The City Council reconvened at 10:30 p.m. The City Attorney advised that there was no CityAttorney reportable action taken in Closed Session. No Reports It was consensus to adjourn. TIME OF ADJOURNMENT: 10:31 P.M. GfAG C -CLERK NEM RESOLUTION NO. 2005-C96. ' NEM ORDINANCE NO. 2005-07. * Indicates Rocha absent. 10/17/05 PAGE FIVE Adjourn