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HomeMy WebLinkAboutMinutes - November 7, 2005 - CCCITY OF AZUSA ' MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, NOVEMBER 7, 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 The City Council recessed to Closed Session at 6:30 p.m. to discuss the following: Closed Sess Recess CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6). Conf w/Labor Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiators Organizations/Employee: ACEA, APMA, AMMA, APOA, CAPP, IBEW, LABORERS, EXECUTIVE. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Gov. Code Sec. 54957) Pub Employee CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION AND WORKERS Conf w/Legal COMPENSATION CLAIM — DAVIS — (Gov. Sec. 54956.9 (b)) Wkrs Comp REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Address: 619-621 N. Azusa Avenue (Talley Property) Negotiations Agency Negotiators: City Manager Delach and Assistant City Manager Person 619-621 Azusa Under Negotiation: Price and Terms of Payment The City Council reconvened at 7:35 p.m. City Attorney Martinez advised that there was no Reconvened reportable action taken in Closed Session, but that discussions will be resumed at the end of the City Attorney regular Council meeting. He noted that although there was no report for the real property item, Comments it will also be discussed in open session. 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, ROCHA, HANKS, CHAGNON ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Martinez, City Manager Delach, Assistant City Manager Person, Utilities Director Hsu, Economic Development Director Coleman, Public Information Officer Quiroz, Interim Chief of Police Garcia, Director of Recreation and Family Services Jacobs, Recreation Coordinator Gonzales, Park Supervisor Chavez, Recreation Superintendent Hogan, Community Improvement Manager Rudisel, Community Improvement Inspector McMinn, Administrative Services Director -Chief Financial Officer Kreimeier, Public Works Director -Assistant City Manager Makshanoff, City Treasurer Hamilton, City Clerk Mendoza, Deputy City Clerk Toscano. CEREMONIAL Ceremonial The entire City Council presented a Certificate of Achievement to Mr. Bryan Clay who went to B. Clay the World Championships for track and field and won the gold medal for decathlon. Cert of Achievement Director of Recreation and Family Services Jacobs presented a pictorial of the Azusa Parks Parks Division System and recent improvements to City Parks. The entire City Council then awarded Cert of Apprec. Certificates of Recognition to members of the Parks Division as follows: Ross Montes, Ramon Arevalo, Joe Gaza, Jesus Bermudez, Roy Chavez, Mike Gomez, Rich Gomez, Ken Hennigan, Andres Leyva, Andrian Solario, Shan Tompson, Mat Vasquez, and Eduardo Vasquez. PUBLIC PARTICIPATION Public Part Mr. Mike Lee addressed Council thanking those responsible for bringing the Viet Nam Moving M. Lee Wall to the City of Azusa. He urged all to vote in the Special Election on November 8, 2005. Comments Mr. Kim Paulsen addressed Council with comments regarding the lack of things to do in Azusa; he expressed his opinion regarding the Ghost Town, the Santa Fe Depot and oak trees. He K. Paulsen asked what would be done in the event a disaster takes place. Comments Mr. Jorge Rosales addressed Council with concerns regarding the minutes, and destruction of J. Rosales obsolete records. comments Ms. Peggy Martinez and Art Ramirez addressed Council invited all to the dedication of the "A" P. Martinez on the hill on Saturday, November 12, 2005, at 9 a.m. at the APU Parking lot, i.e. old Krems A. Ramirez property. She recognized members of the committee. She announced that Downtown Business Comments Association will be having Its annual general meeting potluck and the guest speaker will be Bruce Coleman, on Tuesday, November 15, 2005. She stated that the Miss Azusa Pageant will be on March 3, 2005 at Citrus College Event Center, and that this year will be and addition of a Miss Teen. She thanked all responsible for the Viet Nam Moving Wall. Ms. Stephanie Mills addressed Council urging all to vote and also that she is running for Citrus S. Mills College Board of Trustees. Comments Mr. Jonathan Sanchez representing the Pall Corporation addressed Council regarding the award J. Sanchez contract for prepurchase WTP Membrane Filters. He advised that they were the original low Pall Corp. bidder for the job, but the job was re -bid; they are not happy with the results and request to have an extension to receive answers regarding the details of the re -bid. ' REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Recreation Superintendent Nancy Hogan addressed Council announcing the new Holiday Home Decorating Contest. She offered all residents a chance to receive citywide recognition to decorate their homes; she cited the categories which were holiday humor, animated display, originality, holiday spirit and sweepstakes. All entries must be turned in to Memorial Park by December 8 and there is a $5 entry fee. Judging will take place on December 13th or 14'h after 5:30 p.m. She went on to describe prizes and referred all to the city web site or call 812-5204, for further information. Mayor Chagnon provided an update on the current vacancies in City Boards and Commissions stating that staff has received one application for the one vacancy on the Cultural and Historical Preservation Commission, one application for the two vacancies on the Human Relations Commission and two applications for the one position on the Library Commission. After discussion it was consensus of Councilmembers that interviews be scheduled for Monday, November 14, 2005, at 6:30 p.m. with the applicants; a special meeting will be noticed by staff. Councilmember Carrillo reminded all to go out and vote, and he recognized Councilmember Rocha and the Veterans Committee for bringing the Viet Nam Moving Wall to Azusa. Councilmember Rocha stated that in reviewing the specifications for the proposed dog park, 'there is no restroom; he requested that staff look at the storm drain on the north side of 10`h street between Vernon and Todd and expressed concern during rainy season. He thanked the Golden Days Committee for the excellent week of festivities. He thanked all who attended the Viet Nam Moving Wall and shared touching memories of the event, noted that Friday, November 1 1'h is Veterans Day with a ceremony at City Hall flag pole at 11:00 a.m., announced the 8' Annual Food Drive, a partnership between AVSD, APU and the City, that pick up dates are: 11/18, 12/2, 12/9 and 12/16, volunteers can call City Hall for more information, that ten trees were recently planted at Zacatecas Park, announced a clean up on Citrus Avenue on Saturday, November 12, at 8 a.m., and will be meeting at the 99 Cents store, on December 3rd, there will be meeting at 8 a.m. at the VFW to collect candy and junk food to send to Servicemen of Azusa serving in Iraq and he read names of servicemen stating that people can call City Hall with additional names. 11/07/05 PAGE TWO Rpts/Updates N. Hogan Comments Holiday Home Decorating Chagnon Comments Board & Commission Interviews 11/14 Carrillo Comments Rocha Comments Mayor Chagnon thanked all involved in bringing the Viet Nam Moving Wall to Azusa. She then Chagnon advised of a Council workshop held over the week end stating that there are six major areas Comments Council will be focusing on, which are short and long term goals that will soon be published in a brochure and distributed to the community. SCHEDULED ITEMS Sched Items INFORMAL HEARING — on a Public Nuisance Appeal by Shamsaddin Karim! for the property Informal Hrg located at 71 O S. Azusa Aveue, (abandoned service station), Azusa. Karim! City Cleric Mendoza administered an oath with regards to sworn testimony to City Inspector Rick Swearing in Mc Minn, Mr. Shamsaddin Karim! and Mr. Jorge Rosales. Inspector McMinn addressed the issue stating that the appeal is by Mr. Shams Karlml who owns R. Mc Minn the property at 710 S. Azusa Avenue; the appeal is of a Public Nuisance which was filed on Comments September 7, 2005 due to many property maintenance violations as follows: failure to maintain property free of trash, debris, and dead vegetation, failure to maintain required landscaping, failure to maintain required parking areas and striping, and building maintenance in a state of disrepair due to chipped and peeling paint. He stated that Mr. Karlmi does not dispute the violations but Is concerned with the development of the property. Staff recommends that the appeal be denied and the Order to Abate be approved; however, Council may change, delete or modify the order. City Manager Delach addressed the issue stating that since the property has been in Its current City Mgr condition for some time the order of abatement should be considered, but since Mr. Karim! has Comments come forward with a proposal; he recommended that he be given the opportunity to refine his proposal for development and, on items 2 and 3 dealing with the condition of the building and asphalt paving, that Mr. Karlmi be given ninety days rather then thirty days to comply. He will also have ninety days to come with a proposed development. He stated that with respect to the trash, debris and fencing, they should be abated. Mr. Shamsaddin Karlmi, the Appellant, addressed the issue stating that he is working with Mr. S. Karim! Bruce Coleman regarding a plan for the property and requested a ninety day timeline to comply. Comments Mayor Chagnon reiterated what staff was presenting to Mr. Kariml, which consisted of a list of Chagnon ten items listed in the staff report and stated that with regard to items 2 and 3 which referred to Comments building and asphalt; those items would be given ninety days for compliance. She noted that with the ninety day option Mr. Karimi would have time to submit a proposal to the Planning Department for development of the site. Discussion was held between Councilmembers, staff and City Attorney regarding the property and process of the order of abatement. Mr. Jorge Rosales addressed the issue citing property maintenance section of Azusa Municipal J. Rosales Code and expressed his opinion regarding the abatement. Comments Moved by Councilmember Rocha, seconded by Mayor Pro -Tem Hardison and unanimously Hrg Clsd carried to close the informal public hearing. City Attorney Martinez advised that a resolution will be prepared and brought back with the City Atty order amendments, 90 day stay, if the appellant meets those conditions, but if he doesn't Comments comply with other abatement ,order items that should have been completed by the adoption of the resolution, then the order will take effect and the appellant would have appeal rights to court. City Manager Delach reiterated that this is code compliance abatement and that Mr. Karlmi was City Mgr given the additional days to come back with a complete set of proposal plan to develop the Comments property. Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Hanks and unanimously Order of carried to approve the amendments to the Order of Abatement, i.e. items 2 and 3, change 30 Abatement day to 90 day, and that staff return with a resolution citing the abatement order. Amended Award of Contract for Pre -purchase of WTP Membrane Filters. Assistant Director of Water C. Anderson Operations Chet Anderson addressed the issue stating that the contract was approved to go out Comments to bid in September; subsequent to that bid it was found that there was a sentence In the specifications that caused the basis of the bid between the bidders to be misunderstood; they were bidding on different things. He pointed out where the sentence was on the bid specs. 11/07/05 PAGE THREE Mt. Steve Foellmi, Project Manager of Black &Veatch, addressed the issue presenting a power S. Foellmi point of the process, noting that the project was an upgrade to the Water Treatment Plant to a Black &Veatch rnembrane filtration process. He noted the Importance of the project, and the critical steps of the design process; the membrane filters. He detailed the technical aspects of the project, pilot te9ting, data generated, and how they chose the primary manufacturers. He noted how they received dramatically different bid results and found there was a problem; an ambiguous sentence, he detailed. He detailed the bid rejection and re -bid process and criteria used. He then answered questions posed by Council and recommended approval of staff recommendation. Mr. Jonathan Sanchez, representing Pall Corporation addressed the issue expressing his J. Sanchez objection to the bid process, stating that they were the original low bid but when the re -bid Pall Corp process took place, Memcor bid with the knowledge of Pail Corporation's bid. He asked for Comments more time to evaluate with the Engineer to receive answers to their questions. Moved by Councilmember Hanks, seconded by Mayor Pro -Tem Hardison and unanimously Contract WTP carried to Award of Contract for Pre -purchase of Water Treatment Plant (WTP) membrane filters Membrane and appurtenances to U.S. Filter/Memcor Corporation in the amount of $2,381,500.00 Filters — Memcor Corp. The CONSENT CALENDAR consisting of Items D-1 through D-9 was approved by motion of Consent Cal Councilmember Rocha, seconded by Councilmember Hanks unanimously carried with the Appvd exception of items D-1 and D-5, which were considered under the Special Call portion of the Agenda. 1. SPECIAL CALL ITEM. Spec Call 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or regular appointments: F. Chavez, T. Divens, S. Cabral, and W. Items Mandigo. New Appointments: L. Corrales, Water Distribution Wkrll. Separation: L. King, Line Mechanic Helper, effective 10-27-05. 3. Approval was given for the issuance of a purchase of 10 personal computers from Premio, Purchase 10 which was covered under the California Multiple Award Schedule, CMAS,, agreement PC Premio number 3-04-70-0145C, for a total price of $11,647.70. 4. Specifications for the 2004-2008 CIP project #D60770 Slauson Park Restroom Specs Slauson Improvements were approved and the City Clerk was authorized to advertise for bids. Park Restrooms 5. SPECIAL CALL ITEM. Spec Call 6. The City Treasurer's Report as of September 30, 2005, was received and filed. Treas Stmt 7. Approval was given to waive, formal sealed bidding procedure, due to sole source Software Maint provider, and approve the annual software maintenance and support contract from Sungard Bi- Sungard Bi -Tech, Inc. in the amount of $40,113.27. Tech, Inc. 8. Approval was given to waive formal sealed bidding procedure for the purchase of 5 Mobile Pur Mobile Computer Systems for Azusa Police Patrol cars under the California Multiple Award Computer Sys Schedule, CMAS, agreement number 3-00-70-1083E, from CDCE in the amount of PD cars $45,238.13. 9. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 05-C99 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO Warrants BE PAID. I SPECIAL CALL ITEMS Spec Call Items The Minutes of the regular meeting of October 17th and adjourned meeting of October 20' were Minutes addressed; Councilmember Rocha abstained from the minutes of October 17'h and October 20'h Discussed and Councilmember Hanks abstained from the minutes of October 201h as they was not present & corrected at those meetings. Mayor Chagnon noted typographical errors in the minutes of October 20'h. Moved by Mayor Chagnon, seconded by Mayor Pro -Tem Hardison and unanimously carried that Min approved the minutes of the regular meeting of October 17, 2005, the adjourned meetings of October 20, As amended and 24, 2005, be approved as amended. 11/07/05 PAGE FOUR Mayor Chagnon addressed resolution authorizing destruction of records noting certain items Chagnon with dates of destruction that were untimely; those Items i.e. CC99-23 and CC00-14 were Comments removed from the list for destruction at a later date and that anv mans or warranties will be retained as public record. Mayor Chagnon offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING THE Res. 05-C98 DESTRUCTION OF CERTAIN RECORDS IN THE CITY CLERK'S DEPARTMENT. Dest Records Moved by Mayor Chagnon, seconded by Mayor Pro -Tem Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 9:25 P.M. Convene CRA THE REDEVELOPMENT AGENCY ADJOURNED AND THE CITY COUNCIL RECONVENED AT 9:41 Convene City P.M. THE CITY COUNCIL RECESSED AND THE AZUSA PUBLIC FINANCING AUTHORITY CONVENED Convene APFA AT 9:41 P.M. THE AZUSA PUBLIC FINANCING AUTHORITY ADJOURNED AND THE CITY Convene City COUNCIL RECONVENED AT 9:42 P.M. ORDINANCES/SPECIAL RESOLUTIONS Ord/Spec Resos City Attorney Martinez presented the proposed ordinance concerning the regulation of the sale City Attoney and discharge of fireworks within the City of Azusa. Fireworks Ord Councilmember Rocha addressed the proposed ordinance regarding Section 30-103 (b) Rocha prohibiting discharge in parks and commercial parking lots questioning the public parkways Comments adjacent to the parks; he asked if that was included. City Attorney Martinez responded stating that sidewalk area or parkway adjacent to the park was not included in that section. Councilmember Rocha addressed Section 30-103 (a) opposing the discharge on July 4 beginning Rocha at noon and ending at midnight; he stated that he believes that discharges should be permitted Comments to coincide with the dates of sale. He also addressed Section 30-135 (b), expressing opposition to the assessment of 10% of the total gross sales of the fireworks sold in the City; he stated that that is taking more money away from the kids. Discussion was held regarding the proposed 10% assessment for inspection of stands, public Discussion education, awareness campaign as well as enforcing the provisions of the chapter, i.e. extra personnel time, clean-up of trash and debris, and possibly placing a cap on the percentage of the assessment; it was noted that the cost to pay for these items are not known at this time. It was consensus of Councilmembers to add clarification language to the ordinance to include Amend prohibiting discharging of fireworks on sidewalks and parkways adjacent to the parks and that Fireworks Ord staff look into estimates of the costs for law enforcement, street sweeping, and public & look into information campaign and to bring back for discussion at the next meeting. Assessment The City Council recessed to Closed Session at 10:08 p.m. to discuss the items not addressed at Closed Sess the beginning of the City Council meeting. The City Council reconvened at 10:40 p.m. The City Attorney advised that there was no City Attorney reportable action taken in Closed Session. No Reports 'it was consensus to aajourn. TIME OF DJOURNMENT: 10:41 P.M. CITY CLERK NEM RESOLUTION NO. 2005-C100. NEM ORDINANCE NO. 2005-07. 11/07/05 PAGE FIVE Adjourn