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HomeMy WebLinkAboutMinutes - April 17, 2006 - CCCITY OF AZUSA ' MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, APRIL 17, 2006 — 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. ALSO PRESENT: Also Present City Attorney Carvalho, Assistant City Manager Person, Economic Development Director Coleman, Public Information Officer Quiroz, Interim Chief of Police Garcia, Director of Administrative Services/Chief Finance Officer Itreimeier, Library Director Tovar, Direction of Information Technology, City Treasurer Hamilton, City Clerk Mendoza, Deputy City Clerk Toscano. Ceremonial CEREMONIAL Presentation of Resolution honoring the victims of the genocide of the Armenians with Res Armeniar regard to the 91" anniversary of the occurrence of the Armenian Genocide. Genocide PUBLIC PARTICIPATION Public Part Students of the Azusa High School Academy of The Arts addressed Council and audience Azusa High inviting all to attend the play, The Diary of Anne Frank and provided a brief performance of Academy of the show. The Arts Ms. Ginny Dadaian, Director of Community Relations at Azusa Pacific University and Mr. G. Dadaian Mark Ades, Azusa Planning Commissioner, addressed Council thanking them and the Cultural & Mark Ades and Historic Preservation Commission for their support and consideration of becoming a co- Comments applicant In a grant which will help restore the Azusa Foothill Drive-in Marquee. She advised that there is no cost to the City. CLOSED SESSION Closed Sess The City Council recessed to Closed Session at 6:30 p.m. to discuss the following: Recess CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.61. Conf w/Labor Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiators Organizations/Employee: ACEA, APMA, AMMA, CAPP, LABORERS, EXECUTIVE. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957) Pub Emp Title: City Manager (item cancelled — no discussion was held) Evaluation The City Council reconvened at 7:30 p.m. City Attorney Carvalho advised that item Reconvened regarding Public Employee Performance Evaluation was not discussed and cancelled, and City Attorney ' that there was no reportable action taken in Closed Session. to led In the Salute to the Flag. Comments Call to Order Mayor Chagnon called the meeting order and INVOCATION - was given by Pastor Samuel Martinez of Christian Faith Center Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, ROCHA, HANKS, CHAGNON ABSENT: COUNCILMEMBERS: CARRILLO ALSO PRESENT: Also Present City Attorney Carvalho, Assistant City Manager Person, Economic Development Director Coleman, Public Information Officer Quiroz, Interim Chief of Police Garcia, Director of Administrative Services/Chief Finance Officer Itreimeier, Library Director Tovar, Direction of Information Technology, City Treasurer Hamilton, City Clerk Mendoza, Deputy City Clerk Toscano. Ceremonial CEREMONIAL Presentation of Resolution honoring the victims of the genocide of the Armenians with Res Armeniar regard to the 91" anniversary of the occurrence of the Armenian Genocide. Genocide PUBLIC PARTICIPATION Public Part Students of the Azusa High School Academy of The Arts addressed Council and audience Azusa High inviting all to attend the play, The Diary of Anne Frank and provided a brief performance of Academy of the show. The Arts Ms. Ginny Dadaian, Director of Community Relations at Azusa Pacific University and Mr. G. Dadaian Mark Ades, Azusa Planning Commissioner, addressed Council thanking them and the Cultural & Mark Ades and Historic Preservation Commission for their support and consideration of becoming a co- Comments applicant In a grant which will help restore the Azusa Foothill Drive-in Marquee. She advised that there is no cost to the City. Mr. Jorge V. Rosales addressed Council and audience thanking the Mayor, Alan Kreimeier, Director of Administrative Services/Chief Financial Officer, Mike Scott, City Engineer, Ann Graf, Director of information Technology, and Cathy Hanson, Director of Human Resources, for providing him with clarifying information which he requested regarding several agenda items. He expressed his gladness to see Council in support of items, C-4, C-5, D-10 and D- 12 and strongly encouraged that Council assist the Azusa Sister City Organization in their request of funds to help their organization. He stated that he submitted a letter regarding items D-8 & D-9, stating that he believes that there is violation of the procurement laws, as well as the Azusa Municipal Code when Council continues to award contracts on and on simply because they did a good job in the past; he stated that State Law requires competitive bidding. Mayor Chagnon responded stating that the City Attorney would address the issue regarding award of contracts when the Items come up on the agenda. Mr. Art Morales addressed Council recognizing Mike Lee, his friend, and commissioners, Jorge Rosales, Mark Ades, Bob Donnelson and Library Director Tovar, he also advised that he too is a Commissioner on the Cultural and Historic Preservation Commission. He talked about RV parking noting that the new homes that are being built lack RV parking. He also talked about how the camouflage a recreational vehicle parked in the yard and requested that Council work with neighbors that do have recreation vehicles; further that there are other more serious problems to deal with in the City. He recognized Interim Chief Garcia In the audience. REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Mayor Pro -Tem Rocha addressed the issue of RV Parking in Driveways, stating that with regard to the new development adopted in 2005, he had not heard of any notices being sent to the residents regarding removal of RV's. He stated that in speaking with staff, he asked if the existing RV's owners had been grandfathered in since no one had been cited in over a year. He referred to a letter from a resident who was told, back in 1978, by the then Director of Public Works, to add a concrete apron to her drive way and it would be in compliance. He noted that he spoke with staff and they advised that they could not be grandfathered in so he asked if there could be some type of time extension in order for RV owners to comply with the Code. He also asked about parking boats. City Attorney Carvalho addressed the issue stating that the current law provides that no RV or Travel Trailer shall be stored, or parked for twenty four hours or more within a front setback in any neighborhood, which is a twenty foot minimum. Staff has been asked to enforce these provisions of the Development Code at a previous workshop and Staff has been out looking for these kinds of aesthetics in the community, but are mostly complaint driven; as they enforce the code, receive complaints, they will send out the violation notices and that is the status of the law. She stated that they currently do not have prohibition against the boats in the driveways, but that is part of the Planning Commission recommendations to the Council, part of the amendments that will be coming in May. She stated that there will be various restrictions on the types of recreational vehicles that could be parked in the driveway. Lengthy discussion was held regarding the issue and the need to enforce the Development Code, the feasibility of establishing a grace period, items being proposed for amendment, the law adopted by ordinance, staff's function of enforcement, discretion, direction given to staff, responsibility to enforce the code, the goal to become code compliance, other issues that will come up in the future that are in violation of the code, and the responsibility to the community to improve the quality of life and have safer neighborhoods. J. Rosales Comments A. Morales Comments Rpts/Updates Rocha RV Parking in Driveways City Attorney Comments Discussion Mayor Chagnon stated that issue of a grace period would be taken up with City Manager Chagnon Delach. City Attorney Carvalho clarified that the Council wishes staff to work with individuals Comments on an individual basis reasonably before a citation is issued. Mayor Pro -Tem Rocha announced that the signing of the new lease with EI Proyecto del Rocha Barrio for the Health Center will be at 9:30 a.m. on Tuesday, April 18, 2006. He stated that Comments on Wednesday, April 19, 2006, from 5:00 p.m. will be the ribbon cutting at Starbucks, and on Thursday, April 20, 2006, from 5:00 — 8:00 p.m. at the Library is the remembrance of the Armenian Genocide would be held. Lastly, he stated that Opening Day for Pony Baseball is at on Thursday, April 27, 2006, at 5:30 p.m. Councilmember Hardison reminded all that April is Clean and Green month and that there Hardison are various clean up activities going on throughout the City and also reminded all to save Comments paper by utilizing e-mail. 4/t7/06 PAGE TWO 1 Additional discussion was held between Councilmembers and staff regarding RV parking, Add'I enforcement, setbacks and compliance; the final comments were that Council is committed Discussion to Code compliance and staff will continue to notify people if they are out of compliance, RV Parking work with each case individually, and that within a month, Council will come back with a more definitive direction for the City Manager so that enforcement could begin. Mayor Chagnon announced that Subway is open, Starbuck is open and will have their grand Chagnon opening on Wednesday, April 19'h, the Chamber of Commerce will be having a breakfast on Comments Thursday, April 20'h at 8 a.m. at Canyon City Barbeque, and invited all to attend, the Human Relations Commission will be having it Armenian Genocide display up in the Library until the end of the month, on Saturday, April 22' from 9 a.m. — 3p.m. there will be a Hazardous Waste Round Up at Northrop Grumman. She also announced that a resident, Greg Ahern Jr. will be becoming an Eagle Scout and the Court of Honor will be honoring him on Saturday, April 22, 2006; she expressed congratulations to him. Assistant City Manager Person advised that staff met with all the known applicants for Ass't City Mg fireworks sellers to go over new regulations and new requirements and that all went well. Comments SCHEDULED ITEMS Sched Items CONTINUED PUBLIC HEARING — Consideration of adoption of an ordinance amending the Pub Hrg Chapter 74 of the Azusa Municipal Code by adding Article XIII authorizing the prohibition of Nighttime nighttime Parking in designated neighborhoods. It was consensus of the City Council Parking Members that the Public Hearing be cancelled. Cancelled APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA, MOU CITY, THE AZUSA UNIFIED SCHOOL DISTRICT (AUSD) AND AZUSA LAND PARTNERS (ALP). AUSD, ALP Assistant City Manager Person presented the Memorandum of Understanding between City of Azusa, AUSD and ALP for the Joint Use Park stating that it contains what exactly will be constructed on the 5.5 acre piece of land; 3.5 acres of the AUSD land and 2.0 acres of the City land. He stated that there may be minor amendments to the document, but that they will make sure it is approved by all parties. City Attorney Carvalho advised that the document has been approved by the AUSD and ALP. Mayor Chagnon requested that clarification of language be included as follows: (1) Page 2, "a secure and decorative six-foot fence maximum he!Bht around the 3.5 acres, etc." (2) "ALP shall construct on the 2.0 acres of the /oint Use Park owned by the City, the following, etc." (3) to include the phrase regarding a running/walking trail around the two acres owned by the City. (4) "A decorative fence around the two acres, not to exceed a 4 foot height maximum." City Attomey Carvalho advised that staff made her aware, in advance of the of the changes and she has spoke to Mr. Bob Trapp of Azusa Land Partners and he doesn't have any concerns regarding the walking path and it shouldn't require the AUSD approval as it does not affect their acreage, she stated that she doesn't think ALP would have an objection to the four foot maximum height of the fence around the park. She stated that she doesn't think there are any objections to the clarification changes and she doesn't see any harm in proceeding at this point. Assist City M; Comments Chagnon Comments City Attny Comments Mr. Bob Trapp of Azusa Land Partners addressed the issue stating that he has no objection B. Trapp to the changes and thanked all for working together and getting issues resolved. ALP City Attorney Carvalho stated that the Memorandum has a section "Cooperation and Further City Attny Act" that addresses minor changes; when she spoke to Attorney for the AUSD they both Comments anticipate possible changes and agreed as long as it did not change the nature of what was agreed to it was alright. She recommended that they would circulate a clean draft for all to see changes before it was signed and if that is not acceptable to the District, then staff would create a side letter with ALP to include changes with four foot fence and walking trail. Moved by Councilmember Hardison, seconded by Mayor Pro -Tem Rocha and unanimously* MOU carried to approve a Memorandum of Understanding (MOU), as amended, between the City Approved as of Azusa, the Azusa Unified School District (AUSD) and Azusa Land Partners (ALP) for the Stated and purpose of reaching tentative agreement between these parties regarding the specifications amended for development of the "Joint Use Park Site" in the Rosedale Development Project. 04/17/06 PAGE THREE COMMENCEMENT OF PROCEEDINGS TO FORM COMMUNITY FACILITIES DISTRICT NO. Proceedings 2005-1 (ROSEDALE). To Form a CFD Rosedalr Councilmember Hardison offered a Resolution entitled: A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF AZUSA WITH Res. 06-C23 RESPECT TO ESTABLISHMENT OF PROPOSED CITY OF AZUSA COMMUNITY FACILITIES Intention DISTRICT NO. 2005-1 (ROSEDALE) AND THE ESTABLISHMENT OF IMPROVEMENT AREAS Establish THEREIN. CFD No. 200 1 Rosedale Moved by Councilmember 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, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CARRILLO Mayor Pro -Tem Rocha offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING NECESSITY FOR Res. 06-C24 PROPOSED CITY OF AZUSA COMMUNITY FACILITIES DISTRICT NO. 2005-1 (ROSEDALE) TO Declaring INCUR A BONDED INDEBTEDNESS WITHIN EACH IMPROVEMENT AREA THEREOF. Necessity For CFD No. Moved by Mayor Pro -Tem Rocha, seconded by Councilmember Hardison to waive further 2005-1 reading and adopt. Resolution passed and adopted by the following vote of the Council: Rosedale Incur bonded AYES: COUNCILMEMBERS: HARDISON, ROCHA, HANKS, CHAGNON Indebtedness NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CARRILLO RESOLUTION URGING THE MTA BOARD OF DIRECTORS TO PLACE THE METRO GOLD LINE Resolution EXTENSION AS A FUNDED PROJECTJN THE MTA'S LONG RANGE PLANS. To MTA Brd ' Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA URGING THE MTA BOARD Res. 06-C25 OF DIRECTORS TO PLACE THE METRO GOLD LINE EXTENSION AS A FUNDED PROJECT IN Urging MTA THE MTA'S LONG RANGE PLAN. Board Suppo Metro Gold Moved by Councilmember Hanks, seconded by Mayor Chagnon to waive further reading and Line Extensio adopt. Resolution passed and adopted by the following vote of the Council: Project by placing in Lor AYES: COUNCILMEMBERS: HARDISON, ROCHA, HANKS, CHAGNON Range Plan NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: CARRILLO AWARD OF CONTRACT FOR 2005-2009 CIP PROJECT #D97049/D60654 PEDESTRIAN Contract BREEZEWAY Breezeway Assistant City Manager Person provided clarification of certain items on the breezeway that Assist City M; will not be included which is the lettering on the archway, the artwork associated with it, the Comments overhead canvas awnings at the top of the breezeway and with regard to the artwork that is to be placed on the building, he advised that he will speak to the person who did the tile work for the Sunrise Cafe and will bring renderings forward for discussion and approval at a later time. Mayor Chagnon suggested that with regard to the artwork, she would like to contact Elaine Strickland at Sierra High school and perhaps it can become a class project. Moved by Councilmember Hardison, seconded by Mayor Pro -Tem Rocha and unanimously* carried to award the contract for the Pedestrian Breezeway Project to WF Construction, Inc., in the amount of $427,848. Mayor Chagnon advised that she would like the canopy and mural issue come back for consideration as they aesthetic and art items that they want to be sure and incorporate. AUTHORIZATION TO APPROPRIATE FUNDS FOR AZUSA SISTER CITY ORGANIZATION. Sister City Moved by Councilmember Hardison, seconded by Mayor Pro -Tem Rocha and unanimously* Appropriate carried that the City Manager appropriate funds out of the City Council budget to assist the Funds 04/17/06 PAGE FOUR Azusa Sister City Organization with the 40'h Anniversary Program with the City of Zacatecas, Sister City Mexico and it was suggested that this item be placed as a line item on the next budget. Zacatecas Mayor Pro -Tem Rocha suggested that he work with the Sister City Committee, Staff and City Proclamation Council in order to obtain an appropriate gift to the Sister City. Mayor Chagnon suggested Requested that a proclamation be prepared for presentation at that time. CONSENT CALENDAR consisting of Items D-1 through D-13 was approved by motion of Consent Cal Mayor Pro -Tem Rocha seconded by Councilmember Hanks and unanimously carried with the Approved exception of items D-8 and D-9 which were considered under the Special Call portion of the Agenda. ' 1. The minutes of the regular meeting of April 3, 2006, and the Special Meetings of March Min appvd 27, April 4, and April 10, 2006, were approved as written. 2. Human Resources Action Items were approved as follows: Human Res Merit Increase and/or Regular Appointments: P. Dennis, E. Flores, J. Momot, J. Action Items Anderson, and K. Godbey. New Appointments: E. Harris, Library Assistant III, and N. Covarrubias, Police Officer Purchase Prin Trainee. Mover Promotion: S. Smith, Meter Reader to Line Mechanic Helper. Separation: J. Stanton, Jr. Street Maintenance Worker III. 3. Approval was given for the purchase of a "Prime Mover" law enforcement vehicle Letter of (2006 Chevrolet Kodiak) from West Covina Motors, Inc. (dba Clippinger Chevrolet) for Support APU $52,500, utilizing approved funds from the 2004 First Responder Grant. Grant Marqu( 4. Letter of Support for the Azusa Pacific University Grant Application for the restoration Res. 06-C26 of the Foothill Drive -In Marquee, was approved as recommended by the Cultural and Initiating Historic Preservation Commission. Proceedings Landscape & 5. A RESOLUTION OF THE CITY OF AZUSA, CALIFORNIA, INITIATING PROCEEDINGS TO Lighting CONFIRM ANNUAL ASSESSMENTS FOR THE CITY OF AZUSA LANDSCAPING AND Com Maint fc LIGHTING ASSESSMENT DISTRICT NO. 1 (COMMUNITY MAINTENANCE FEE) FOR FISCAL YEAR 2006-07 BY ORDERING THE PREPARATION AND FILING OF AN ' ENGINEER'S REPORT IN ACCORDANCE THEREWITH AND PRIOR TO THE PUBLIC HEARING ON MAY 16, 2006. 6. Approval was given for the purchase of 370 software licenses for Microsoft Office Purchase of Professional with software assurance for 3 years' in the amount of $55,773.11 to PC Software Mall Gov. Licenses 7. Request For Leave Without Pay - Librarian/Youth Services was approved from April 14, Leave w/o 2006 to April 28, 2006, in accordance with Azusa Civil Service Rules, Section 6.8, Pay Subsection 6.8.1 Authorization. 8. SPECIAL CALL ITEM. 9. SPECIAL CALL ITEM. Spec Call Spec Call 10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA HONORING THE Res. 06-C27 VICTIMS OF THE GENOCIDE OF THE ARMENIANS AND CONDEMNING THE HUMAN Armenian RIGHTS VIOLATIONS COMMITTED BY THE TURKISH GOVERNMENT. Genocide 11. The Azusa City Employees Association (ACEA) contract effective August 1, 2005 ACEA - MOU through July 31, 2008 was approved. I Contract 12. The Graffiti Abatement Contract with Urban Graffiti Enterprises, Inc. (UGE) to perform Graffiti graffiti abatement within the City of Azusa in an amount not to exceed $54,000. was Abatement approved. Contract 13. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 06-C28 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. 04/17/06 PAGE FIVE 1 SPECIAL CALL ITEMS City Attorney Carvalho addressed a letter from Mr. Rosales regarding the purchasing policies of the Azusa Municipal Code, and responded as follows: Section 2-523 competitive purchasing formal or informal is not required pursuant to this section for a project that is not a public project, meaning a public works project, concrete, steel, at an actual facility, any alternative procedure including no bidding may be used upon the City Manager's approval. She stated that Section 2-523 lists specific exceptions, and subsection (b) is the exception for professional services. She stated that earlier in that Section of the code it talks about how for different services, supplies and goods, either formal or informal bidding processes should be followed and afterwards it refers to the exceptions to the rules. She advised that she thinks Mr. Rosales' letter rules refers to the rules that were cited earlier without looking further along where the Code refer to specific and major exceptions. Further, it only applies to specific situations like professional services, computer software, and emergency situations. She stated that these items are clearly exceptions and that the Code is not being violated nor State Law which states that formal bidding procedures should be followed for public works projects and for any other purchases it is completely at the discretion of the City and it's own ordinances. Spec Call Iter City Attorney Response To Itr re: Purchasing Policies Councilmember Hardison requested that those code sections be documented and that a Hardison copy be provided to Mr. Rosales. Comment Moved by Councilmember Hardison, seconded by Councilmember Hanks and unanimously* Auditing Svs carried to approve the agreement for Auditing Services with Lance, Sol] & Lunghard, LLP Lance, Sol[ & (LSL) and authorize the City Manager to execute the agreement. Lunghard, LLI Moved by Councilmember Hardison, seconded by Councilmember Hanks and unanimously Financial 8. carried* to approve the agreement for Financial and Accounting Services with Vavrinek, Trine Accounting S• Day & Co. and authorize the City Manager to execute the agreement. Vavrinek, Trin Day & Co. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 9:00 Cncl Recess P.M. THE REDEVELOPMENT AGENCY ADJOURNED AND THE CITY COUNCIL CRA convene RECONVENED AT 9:01 P.M. Reconvene Mayor Chagnon advised of the upcoming meetings April 24`h Utility Board Meeting, May 1'` Upcoming City Council, May 8' Cancelled, May 15th City Council, May 161h Town Hall Meeting — Meetings Disaster Preparedness at Memorial Park, May 17`h Gold Line Station Design at Senior Center, and May 22nd Utility Board Meeting. Moved by Councilmember Hardison, seconded by Councilmember Hanks and unanimously* Adjourn carried to adjourn. TIME OF ADJOURNMENT: 9:02 P.M. CITY CLERK NEXT RESOLUTION NO. 2006-C29. NEXT ORDINANCE NO. 2006-04. *Indicates Carrillo absent. 04/17/06 PAGE SIX