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HomeMy WebLinkAboutMinutes - June 7, 2010 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, JUNE 7, 2010 — 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 E. Foothill Boulevard, Azusa, CA 91702. CEREMONIAL Ceremonial Certificates were presented to individuals and businesses who supported Lead in Hamiony (2009) and who Lead In Hannon. participated in Hands Across Azusa (2010). & Hands Certificates of Recognition were presented to Art students of Sierra High School who have used their skills Siena I-ligh for the community and for students earning highest GPA for the year. School CLOSED SESSION Closed Session City Attorney Carvalho advised that an item of subsequent need arose after the posting of the agenda and it City Attorney was moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried to Item of add the item as number 6 in the list of Closed Session items. Subsequent need The City Council recessed to Closed Session at 7:05 p.m. 1. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Conf w/Labor Agency Negotiators: Administrative Services Director -Chief Financial Officer Kreimeier Negotiators Organizations AMMA, SEIU; APOA, APMA and ACEA 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov. Code Sec. Cont' w/Legal 54956.9 (a)). Cast Fan -is v. City of Azusa - Los Angeles Superior Court, Case Number KC 056193 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov. Code Sec. 54957) Pub Emp Title: City Manager Evaluation 4. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Properly Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Neg. Under Negotiation: Price and Terms of Payment a. NEC AZUSA/ARROW SITE Address: 17511 E. Arrow Hwy, Azusa, CA 91702 Negotiator: Fowler Family Trust Address: 17525 E. Arrow Hwy Negotiating Parties: City of Azusa and City of Azusa Redevelopment Agency 5. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov. Code Sec. Conf w/Legal 54956.9 (a) One Case. Bobby Moreno, Michael Moreno and Thomas Singh. 10J00265, Cnsl 0JO02641 and 10J00266, Small Claims Matters. 6. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Gov. Code Conf w/Legal Sec. 54956.9 (b) and ( c). One Case. (Added Item) Cost Mr. Mike Lee addressed Council stating that lie spoke to members of the Fowler Family Trust that M. Lee they are a nice family. Comments Mr. Jorge Rosales addressed Council and asked for clarification on items being added to the J. Rosales agenda as well as the difference between items number 2 and 5 listed on the Closed Session Comments agenda; City Attorney responded to his questions. The City Council reconvened at 7:46 p.m. The City Atlon,ey advised that there was no reportable Cncl Reconvene( action taken in Closed Session but that not all items were completed and will be addressed at the end of the No Reports regular meeting. Mayor Rocha called the meeting to order. Call to Order INVOCATION was given by Pastor Woody Calvary of Praise Chapel of Azusa Invocation Sgt. Marquez led in the salute to the Flag. Flag Salute Mr. Julian Herrera a graduating Senior at Sierra High School presented a plaque to Mayor Rocha. J. Herrera 'Sgt. Marquez presented the Los Angeles Community Covenant Certificate and requested that the City Sgt. Marquez Council sign the Covenant between the City and the U.S. Army. Covenant Cert. The City Council recessed at 7:55 p.m. and reconvened at 8:11 p.m. Recess/Ree ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Assistant City Manager Makshanoff, Police Chief Garcia, Police Captain Momot, Director of Public Works Haes, Economic and Community Development Director Christiansen, Library Director Johnson, Administrative Services Director/Chief Financial Officer Kreinmeier, Assistant Director of Economic and Community Development McNamara, City Engineer 1-lassel„ Utilities Director Morrow, Public Information Officer Quiroz, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr. Mike Lee addressed Council reminding all to vote and noted his choice of candidates. He reminded M. Lee parents to have their children wear bicycle helmets and complimented Council on the Vulcan vote. Comments 'Mr. Daniel Meza thanked Council and staff for (lie great job they are doing and spoke on Vulcan proposal D. Meza and issues. Comments Ms. Irene Villapania, Executive Director of the Azusa Chamber of Commerce addressed Council and Villapania provided an update on Chamber activities. Comments The following members of Azusa Youth Against Smoking addressed Council urging stricter penalties and Azusa Youth fees to the Youth Against smoking ordinance: Edgar Ontiveros, Shirley Manzo, Sylvia Ramirez, Emily Against Smoking Ayala, Debra Levi, Zodin Del Rosario, Yazmin Rico and Diego Gomez. Ms. Brenda, Jared and Riley Van Der Loo thanked Council for not approving the Vulcan Project. Van Der Loo Mr. Dennis Willut addressed Council regarding Monrovia Project update, union incr=ease, and training for D. W,Ilut gloves, commodities, economy, electric rates, Duarte and retraction of boycotting Azusa businesses. Comments City Manager Delach and staff responded to questions stating that a program is being developed regarding Responses to (lie smoking ordinance; options will be presented in July; electric rales are 15-20% lower than other cities; Questions rubber gloving training is essential, and it is not known when Rosedale property will be bid. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Updates/Rpls Moved by Mayor Pro -Ten, Gonzales, seconded by Councilmember Carrillo and unanimously carried to J. Azpeilia 'approve request for sponsorship in the amount of $100 to Jose Miguel Azpeilia of Azusa High School Sponsorship English IV Advanced Placement Class who will be traveling to London, England in the Spring of 2011. Moved by Councilmember Hanks, seconded by Mayor Pro -Tem Gonzales and unanimously carried to Certificates approve request for certificates for Christbridge Academy 2010, graduates. Christbridge Azusa Police Lieutenant Chavez presented an update on the Gang and Graffiti Enforcement Unit detailing Update Gang & what and how they approach the problems with Gang and Graffiti within the City. Graffiti Enforce 06/07/10 PAGE TWO Mr. Dan Bacani and Mercedes Castro of the Azusa Business Action Committee presented the City DVD City DVD entitled: The Next Gold Rush created to promote Azusa and thanked all involved in the project. The Next Councilmember Macias asked that a copy of the DVD be placed on the City website, cable channel, Azusa Gold Rush Light and Water website, Citrus College, and AUSD. Councilmember Gonzales thanked all who attended the AYP Barbeque and reminded all of the Kids Come Gonzales First Golf Tournament to be held on Friday, June 111h at the San Dimas Country Club. Comments Councilmember Hanks recognized Ministers of Azusa for the great job providing invocations. Hanks Councilmember Macias requested an update on financial periodicals and resources available in the City Macias Library. He wished all a Happy Father's Day. He then asked the City Attorney for the procedural process Comments for anything relating to Vulcan. City Attorney Carvalho responded stating that a discussion regarding parliamentary procedures, a motion to City Attorney reconsider, would have to be agendized in order for it to be discussed. Comments An item of subsequent need arose after the posting of the Agenda regarding parliamentary procedures, a Item of motion to reconsider, and it was moved by Councilmember Macias, seconded by Councihneunber blanks Subsequent Need and unanimously carried to agendize it to be discussed under Reports, Updates Council Business and Announcements by Staff, B-4. Councilmember Macias thanked staff for the asphalt that would be placed at Block 36 for additional use for Macias parking and community events. Comment Councilmember Carrillo reminded all of the danger of using the San Gabriel River as a cooling off place Carrillo and asked that staff place the mobile sign up in the canyon area and a Public Service Announcement on Comments local cable channel and to get the message to the AUSD to relay to high school students. He requested that staff provide a schedule of the dates, times and places for Cooling Centers by the next Council meeting. He thanked all involved in the success of the Memorial Day Ceremony, congratulated all Azusa students who graduated and reminded all that summer is here and to take extra precaution with kids out of school. Mayor Rocha announced the Be a Walker Program on Saturday, June 12o' at Veteran's Park, congratulated Rocha all High School Graduates and asked to keep all service men and women in prayer. Comments 'City Attorney Carvalho detailed options for addressing the item for reconsideration of the Vulcan issue, City Attorney responded to questions posed regarding the ramifications of not taking action tonight and clarified the rules Reconsideration of parliamentary procedures, noting that to reconsider would revive the issue and provide an opportunity to Vulcan Matter have the item heard again and give staff direction to address items of concern. Councilmember Macias advised that lie had discussions with John Fasana of Duarte, Richard Deem of Macias Azusa and David Donnelson of Vulcan expressing concerns and problems with the Vulcan project and Comments based on that he feels the item merits reconsideration. Moved by COuncilnnember Macias, seconded by Councilmember Flanks and unanimously carried to Vote to reconsider the vote on resolution of the City Council approving modification to conditional use permit and reconsider a revised reclamation plan. CUP & Plan City Attorney Carvalho advised that Council should allow the public to conmrent on the reconsideration City Attorney and then direct staff to come back to the next meeting with an outline of all options and alternatives and she Comments asked Council to convey any issues of concern to staff so that they may be included in the staff report. Mr. Jeff Melching, Attorney for the City of Duarte stated that he would like the opportunity to review the J. Melching Robert's Rules of Order, and if the reconsideration should have been brought up at the Special Meeting Comments held prior to this one. He urged Council to conduct another public hearing in order to hear from the public and reminded them that State guidelines require a thirty day notice to the Mining and Geology Board. Ms. Mercedes Castro addressed Council stating she is very proud of them for revisiting the issue of Vulcan. M. Castro 'Mr. Jorge Rosales addressed Council slating that be hopes there is enough time on June 21" to give notice J. Rosales to the public of this major change because a three or ten day notice is not sufficient. Comments City Attorney Carvalho responded to question regarding parliamentary procedures stating that there are City Attorney many variations of the rules and she is using the Rosenberg's Rules of Order a Simple Parliamentary Comments Procedure for the Twenty first Century. She recommended that everything be clarified and recommended that the City Council make a motion to table the rules of parliamentary procedure and any other local rules in order that there be no concerns with conflicts between the rules. Further that a recommendation to the June 21" report include the noticing of a new public hearing. She clarified that this motion would give Council the flexibility on how the issue is addressed. The legal motion is: "die body however cart always vote to suspend the rules of parliantentaty procedure by two-thirds majority and allow the motion to reconsider to be made at any other tinte. " 06/07/10 PAGE THREE Public comment was solicited regarding the suspension of all Rules of Parliamentary Procedures, including Public Comment; local rules, but none was received. None Moved by Councilmember Macias, seconded by Councilmember Hanks and unanimously carried to Rescind rescind motion for reconsideration and move to suspend all Rules of Parliamentary Procedure, including all Reconsideration local rules. City Attorney Carvalho advised that she will work with City Manager to bring back a staff & suspend Rules report on June 21, 2010, with a variety of options, alternatives and timelines, including new public hearing Of Par. Proce. notices. SCHEDULED ITEMS Sched Items NONE. None The CONSENT CALENDAR consisting of Items D-1 through D-11 was approved by motion of Consent Calenda Mayor Rocha, seconded by Mayor Pro=fem Gonzales and unanimously carried wit[it lie exception of items D1 — D-1 l D-6 and D-7, which were considered under the Special Call portion of the Agenda. D-6&7 Spec 1. The minutes of the regular meeting of May 17, 2010, were approved as written. Min appvd 2. The City Treasurer's Report as of April 30, 2010, was received and filed. Treas Rpt 3. Approval was given to the Police Department to purchase three (3) digital GPS cameras from Pur GPS Cain Graffiti Tracker Inc., including access to automated graffiti tracking system in an amount not to Graffiti Tracker exceed $22,280.25 and the purchase was approved based on a sole source manufacturer as Inc. authorized by AMC Section 2-523(d) when there is no competitive market. 4. The City Clerk was directed to conduct the review of Conflict of Interest Code and submit required Biennial Rpt Biennial Report. Conflict of int 5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING AN Res. 10-02 AMENDED APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2010-I1 PURSUANT TO Appropriation ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION. (Approving Appropriations Limit of Limit FY 10/11 $148,741,282). 6. SPECIAL CALL ITEM. Spec Call ' 7. SPECIAL CALL ITEM. Spec Call 8. Staff was authorized to award CLP Project #66110B Foothill Boulevard Reconstruction project to Foothill Blvd Sully Miller, Contracting Company of Brea, CA in the amount of $640,911.00. Reconstr 9. Staff was authorized to enter into a professional services agreement with SA Associates for a not to PSA SA exceed fee of $112,000 to provide professional constriction management services for Citrus Avenue Assoc from Alosta Avenue to the northerly city boundary. 10. Staff was authorized to enter into a professional services agreement with CNC Engineering for a not PSA CNC Eng to exceed fee of $16,730.00 to provide topographic survey and mapping services for intersections requiring street improvements for the preparation of traffic signal and/or striping modifications included in (lie Rosedale Traffic Mitigation 11. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 10-C33 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS Spec Call ' Economic and Community Development Director Christiansen responded to questions regarding the Questions re: Community Development Block Grant Program RFP stating that due to the retirement of Roseanna Jura CDBG there is a vacancy and although they are trying to fill the position in house, there is a need to have approval of the RFP if needed. lie also noted that they would place the correct date on the agreement. Moved by Mayor Rocha, seconded by Councilmember Hanks and unanimously carried to authorize staff to RFP For CDBG advertise and release the Request for Proposal for consulting services to coordinate and administer the Approved City's Community Development Block Grant (CDBG) program. City Engineer Hassel responded to questions regarding Citrus Avenue Reconstruction Project stating that C. Hassel this a full reconstruction with the removal of the asphalt, rock or base, redo the grade, soil and put in six Comments inches of new pavement. Reconstruction Citrus 06/07/10 PAGE FOUR Moved by Mayor Rocha, seconded by Councilmember Hanks and unanimously carried to authorize staff to Citrus Ave award the Citrus Avenue Reconstruction project to Sully Miller, Incorporated of Brea, CA in the amount of Reconstruction $722,728.00. Approved THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT CRA convened 10:15 P.M. THE CITY COUNCIL RECONVENED AT 10:16 P.M. Cocl reconvened The City Council recessed back into Closed Session at 10:16 p.m. and reconvened at 1 1:19 p.m. There was Closed Session no reportable action taken in Closed Session. Reconvened ' It was consensus of Council to adjourn TIME OF ADJOURNMENT: 11:20 P.M. I NEXT RESOLUTION NO. 2010-C34. NEXT ORDINANCE NO. 2010-05. 06/07/10 PAGE FIVE Adjourn