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HomeMy WebLinkAboutMinutes - December 17, 2007 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, DECEMBER 17, 2007 — 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, located at 213 East Foothill Boulevard, Azusa, CA, 91702. CLOSED SESSION The City Council recessed to Closed at 6:33 p.m. to discuss the following: Closed Sess 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Gov. Sec. 54956.9(b) Conf w/Legal and c One Potential Case Cnsl 2. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION Gov. Code Sec. 54956.9(x) Conf w/legal R.F. Dickson Company, Incorporated, Case # 7JB09629 Cnsl 3 CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec, 54957.61 Agency Negotiators: City Manager Delach and Assistant City Manager Person Organizations/Employee: CAPP 4. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Property Address: 303 E. Foothill Boulevard, Azusa, CA 91702 Negotiating Parties: Watt Genton Associates, LP Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment 5. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8 Address: 716 N. Dalton Avenue, Azusa, CA 91702 Negotiating Parties: Watt Genton Associates, LP Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment R1X•71i431=6111101431IT.•X11Ci]`.[,3[�fi7C�SiC�. Address: - 726 N. Dalton Avenue, Azusa, CA 91702 Negotiating Parties: Watt Genton Associates, LP Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment 7. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 728 N. Dalton Avenue, Azusa, CA 91702 Negotiating Parties: Watt Genton Associates, LP Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Payment Conf w/labor Negotiator CAPP Real Prop Neg 303 E. Foothill Real Prop Neg 716 N. Dalton Real Prop Neg 726 N. Dalton Real Prop Neg 728 N. Dalton The City Council reconvened at 7:37 p.m. City Attorney Carvalho advised that there was no Reconvened reportable action taken in Closed Session. No Reports Mayor Rocha called the meeting to order. Call to Order. Ms. Bethania Palma of the San Gabriel Valley Tribune, led in the salute to the Flag. Flag Salute INVOCATION was given by Pastor Dale Winslow of Foothill Community Church Invocation ROLL CALL PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Azusa Police Chief Garcia, Director of Utilities Hsu, Administrative Services Director — Chief Financial Officer Kreimeier, City Engineer Prebie, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Roll Call Also Present Pub Part Mr. Louis and the Drama Class of Azusa High School performed a small Flavor of "A Christmas Az Drama Carol" and invited all to attend the Azusa High School Academy of the Arts at Azusa High on Class Wednesday, December 19`h — 7:00 p.m., Thursday, December 20`h — 7:00 p.m. Friday, December 21"-3:00 &7:00 p.m., Saturday, December 22,d_ 11:00, 3:00 &7:00 p.m., cost Is General Admission $4.00 and Students/Seniors/12 Years & Under $3.00. Mr. Mike Lee addressed the meeting extending good wishes to Council, friends and Veterans, M. Lee and commented on celebrations held by Veterans, Ed Hernandez and neighboring cities Comments successes. Mr. Jim Gore of Vulcan Materials addressed Council requesting that at the next Council meeting J. Gore an Item be placed on the agenda to direct staff to begin discussions with Vulcan Materials Comments Company to potentially enter into a development agreement as outlined in the 2004 General Plan Amendment regarding the mining issues in the City of Azusa. Mr. Jorge Rosales wished all a Merry Christmas and a Happy New Year and congratulated J. Rosales Council for all the work that took place in 2007 and looked forward to a prosperous 2008. He Comments encouraged Council to vote In favor of Homeless Voucher Program; requested clarification on Item regarding utility easement and the purchase of property 604 N. Azusa Avenue, hoping that It is for underground concealment; suggested street sweeping Proposal C be modified to bi-weekly at a lower cost; requested the length of loan and interest rate for item PSA with MTA and E-3, Block 36 Offsite Utilities, and possible affect on annual rehabilitation program and first time home buyer program. Mr. Dick Cortez addressed Council voicing his opinion regarding a new development D. Cortez agreement with Vulcan Materials. Comments Discussion was held regarding the possibility of placing an item on the agenda regarding the Comments re:. request of Mr. Gore of Vulcan Materials. City Attorney Carvalho advised that under the terms Direction to of the Brown Act Council could give staff direction or answer questions, but no action can be Staff Vulcan taken at this time; staff could be directed to bring back something to agendize. REPORTS. UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts/Updates Director of Utilities Hsu responded to question regarding Utility Easement for the Block 36 Dir of Util Project stating that it is a padmount transformer and will be aboveground; City Manager Delach Comments advised that it will be concealed with shrubbery. City Manager reported that the Azusa Police Department was not involved in the pursuit aired City Mgr on the evening news which ended in Azusa canyon. Comments Moved by Councilmember Gonzales, seconded by Mayor Pro -Tem Hanks and unanimously Proc for carried to approve and prepare a proclamation for the Dhammakaya Meditation Center in Dhammakaya 'honor of its 10 Year Anniversary in Azusa, to be presented on Sunday, December 23, 2007 at 9:30 a.m. Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously Proc for carried to approve and prepare a proclamation for 50`h Wedding Anniversary of Gloria and 50`h Wed Gilbert Moronez, to be presented in January. Moronez Moved by Councilmember Gonzales, seconded by Councilmember Macias and unanimously Cert of Rec carried to approve preparation of certificate of recognition to Delong Unlimited for their Delong support of City events. Unlimited 12/17/07 PAGE TWO Moved by Councilmember Macias, seconded by Councilmember Gonzales and unanimously Cert of Rec carried to approve preparation of certificate of recognition to Max's Restaurant for their Max's Rest. support of City events. Mayor Pro -Tem Hanks recognized several persons who performed at the Christmas Choir he Hanks attended, thanked all who showed support of the Gold Line extension via cards and letters to Comments legislators, talked about the drought and the importance of complying with regulations as there Is a need to reduce water consumption and avoid next level rationing. He then detailed the issue regarding the request of Vulcan Materials for a conditional use permit allowing them to extend mining operation on the West side of the quarry to their existing property line, the 80 acres, advising that there are two ways that can be done: (1) to demonstrate that they have a ,vested right to mine that land and (2) to obtain a conditional use permit to allow the mining, detailed both items and the process and what a permit application would entail. He then requested that Staff be directed to prepare a cost reimbursement agreement with Vulcan, which would pay for the cost of specialty consultants, staff time, preparation of any necessary environmental documentation, permit processing fees, and other necessary expenses associated with evaluating and processing a permit; and further that staff be directed to work with Vulcan to prepare a proper submittal so that Council can adequately review their request and the details of the proposal. Lastly, that a Closed Session be considered to speak with legal Counsel regarding anticipated litigation (of which he later withdrew). City Attorney Carvalho responded to questions regarding the issue of Vulcan Materials, stating City Attny that Council can request that it be agendized and give direction to City Manager as to the Comment scope of what Council would like discussed. Discussion was held regarding Vulcan mining, stronger mitigation measures, and preparation of Discussion a Cost Reimbursement Agreement for review by Council, the possible option of filing of Vulcan mining litigation by Vulcan, obtaining additional information regarding the proposed application, the strict requirements of the Brown Act regarding Closed Session which wasn't warranted at this time. (Mr. Hanks withdrew his request for a closed session on the issue). City Attorney Carvalho detailed the process of Vulcan's request, due to the highly controversial City Attny nature of the Issue and proposed that staff come back with a report which outlines the Comments requirements under the Azusa Municipal Code to take the next steps and structure of what a 'reimbursement agreement would look like. Councllmember Macias asked that staff keep track of time spent on preparing this information in order to receive reimbursement. Councilmember Macias reminded all that the Downtown North meeting is canceled for this Macias week and next meeting Is January 81h, 2008; he noted that reflective tape on sidewalks have Comments wasted away and asked when they will be redone; asked above the overhead freeway sign and status of It's repair; maintenance of on and off ramps and what can be done to beautify them and wished all a Merry Christmas and Happy New,Year. Staff will look into the cost of reflective tape and Cal Trans oversees the clean up of the on and off ramps. Councllmember Gonzales advised that he attended the Azusa School Board meeting on Gonzales December I I' and they unanimously voted to meet jointly with Council; he asked his Comments colleagues to send any topics of discussion to the City Manager; he received permission to utilize the Armory for the meeting. He announced American Little League and National Little League sign ups on January 5`h, January 12" and January 26", at a cost of $60 for Tee Ball, $70 for Minors and $80 for Majors; he wished all a Merry Christmas and Happy New Year. Councilmember Carrillo wished all a Happy Holiday Season. Carrillo cmt Mayor Rocha asked to adjourn in memory of Monica H. Navarrette-Estrada and Daniel Lopez Rocha Sr. He thanked Knights of Columbus for honoring Police and Fire personnel with an annual Comments luncheon; thanked individuals and their families who gave the gift of freedom from WW1, WWIi, Korea, Viet Nam and Iraq, and asked that they never be forgotten. He noted that this is the first Christmas without his grandson Jerry, who has recently joined the Marines. He thanked everyone for can foods and toys; all the drivers for holiday food drive; and noted that the food would be shared with the five food banks in Azusa. He wished all a Merry Christmas and a Healthy, Happy New Year and expressed appreciation to his colleagues and Staff. 12/17/07 PAGE THREE Sched Items SCHEDULED ITEMS CONVENE JOINTLY WITH THE REDEVELOPMENT AGENCY TO CONDUCT THE FOLLOWING: Convene jntly JOINT PUBLIC HEARING - TO CONSIDER ADOPTION OF A REDEVELOPMENT PLAN Jnt Pub Hrg AMENDMENT FOR THE CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT Plan Redev PROJECT AND CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT. Plan Amend City Attorney Carvalho addressed the issue explaining that when plan amendments are done City Attny there is a need to go through a check list and perform last steps for due diligence; there are a Comments couple of items that staff wishes to address which are opportunities to potentially add territory nd there is a need to begin the process again; she recommended cancellation for this action. Moved by Mayor Pro -tem Hanks, seconded by Councilmember Carrillo and unanimously Jnt Pub Hrg carried to cancel this action and have staff reexamine the material and information and bring Canceled back to Council. THE REDEVELOPMENT AGENCY TO RECESS AND CITY COUNCIL TO CONTINUE CRA Recess CONSIDERATION OF BUDGET APPROPRIATION FOR HOMELESS VOUCHER PROGRAM. After Homeless discussion between Councilmembers and staff regarding the details of the program and best Voucher use of the funds, it was moved by Councllmember Macias, seconded by Councilmember Program Gonzales and unanimously. carried to approve the budget appropriation for Homeless Voucher Approved Program and that schedule for pick up locations will be presented by Mayor at the next meeting. PURCHASE AGREEMENT FOR THE ACQUISITION OF THE REAL PROPERTY LOCATED AT 604 N. Purchase & AZUSA AVENUE (EDWARDS PROPERTY) Sale Agmt 604 N. Azusa Economic Development Director Coleman addressed the Item stating that there was a need for utility relocation on the property and recommended approval. Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Carrillo and unanimously Approved carried to approve the Purchase Agreement and authorize a budget appropriation of $367,500. 'Councilmember Macias requested that surrounding businesses be informed of the purchase. Mayor Pro -Tem Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING A PURCHASE Res. 07-C 109 AND SALE AGREEMENT FOR THE PURCHASE OF 604 N. AZUSA AVENUE (EDWARDS PSA Edwards PROPERTY) WITHIN THE MERGED CENTRAL BUSINESS DISTRICT AND WEST REDEVELOPMENT PROJECT AREA. Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE RECONSIDERATION OF PROPOSED STREET SWEEPING ENHANCEMENTS. Moved by Counciimember Macias, seconded by Councilmember Carrillo and unanimously carried to authorize City Manager to award a 3 -year contract to Athens Services for Proposal C with an option to extend the contract at the end of the term for a period of one year, not to exceed two consecutive years. Proposal C - all City streets are to be swept once per week - 'post signage that would prohibit parking on the south and east sides of the street on the day following the trash pick-up schedule. Parking on the north and west side of the street will be prohibited on the 2nd day following the trash pickup scheduled. Annual cost is $221,714.04 - $17.19 per curb mile swept. Discussion was held regarding the contract, specifically the scope of maintenance, it was noted that streets be swept once a week and additionally, if needed, be added; "at least" should be deleted. It was noted that a street sweeping schedule be provided; a mechanism for reimbursement should be noted; and contractor should be paid for those streets only being swept. Staff is to look into the question of alleyways being included. Street Sweeping Reconsideration The CONSENT CALENDAR consisting of Items D- I through D-10 was approved by motion of Consent Cal Councilmember Carrillo, seconded by Mayor Pro -Tem Hanks and unanimously carried with the Items exception of items D- 9, which were considered under the Special Call portion of the Agenda. 12/17/07 PAGE FOUR 1. The minutes of the regular meeting of December 3, 2007, were approved as written. Min appvd 2. Human Resources Action Items were approved as follows: HR Action Merit Increase and/or Regular Appointment: S. Cole, S. Chapman, R. Martinez, B. Items Saenz, 1. Del Toro, L. Corrales, G. Espinosa, and M. Kay. Reclassification: H. Vuong, Electrical Engineer. 3. The request for a Leave of Absence without pay December 6, 2007 to February 3, 2008, Leave of Abs for the Human Resources/Risk Management Analyst, in accordance with the City of w/o pay Azusa Civil Service Rules, Section 6.8, Subsection 6.8.1 Authorization, was approved. approved 4. Approval was given for the issuance of a Purchase Order in an amount not to exceed Pad Mounted $11,763 including sales tax and freight charges, to Federal Pacific of Bristol VA, for the Switch purchase of one Dead -Front, Air Insulated Pad Mounted Switch for the Rosedale. Rosedale 5. Approval was given for bond reduction request by Fieldstone Communities, for Tract Bond Reduction 54057-08 (Greenbrier). Greenbriar 6. Approval was given for the leasing of nine, unmarked police vehicles from Enterprise Lease of Fleet Services in an amount not to exceed $42,191 annually and the lease of these vehicles vehicles based on a competitive bid process completed by the City of Santa Ana, CA (Bid Enterprise #04-091), in which vehicles are leased on both a short and long-term basis. 7. Approval was given for the issuance of a Purchase Order to One Source Distributors of Pur Copper Downey, CA, in an amount not to exceed $97,269.12 for the primary copper cable. Cable 8. Pursuant to the City of Azusa Civil Service Rules Section 3.3 and 3.7, the salary, title and Water System class specification outlining the duties of the new job classification of Water System Engineer Engineer, was approved. 9. SPECIAL CALL ITEM. 10. The following resolution was adopted and entitled: Spec Call ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 07-C1 10 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS Special Call Councilmember Macias addressed contract for Consultant Engineering Services questioning the Macias level of service they provide and asked that proper Information be provided by the consultants comments as well as regular office hours to insure counter service. Moved by Councilmember Macias, Quantum seconded by Mayor Pro -Tem Hanks and unanimously carried to authorize City Manager to Consulting, Inc. amend the agreement with Quantum Consulting, Inc. for contract engineering services. approved THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 9:22 P.M. CRA convene THE CITY COUNCIL RECONVENED AT 9:50 P.M. Cncl rcnvd Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried to adjourn in memory of Ms. Monica H. Navarrette-Estrada and Daniel Lopez Sr. UPCOMING MEETINGS January 7, 2008, City Council Meeting — 6:30 p.m. (Auditorium) anuary 22, 2008, (Tuesday) City Council Meeting — 6:30 p.m. (Auditorium) Fanuary 28, 2008, Utility Board Meeting — 6:30 p.m. (Light and Water) ebruary 4, 2008, City Council Meeting — 6:30 p.m. (Auditorium) TIME OF JOURNMENT: 9:51 P.V. CITY CLERK NEXT RESOLUTION NO. 2008-C1. NEXT ORDINANCE NO. 2008-61. 12/17/07 PAGE FIVE Adj in Mem M. Estrada & D. Lopez Sr. Upcoming Meetings