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HomeMy WebLinkAboutMinutes - July 19, 2010 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, JULY 19, 2010 — 6:30 P.M. The City Council of tine 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 Mr. Augustine Duran and Edgar Salgado of the U.S. Census Bureau presented the City Council with a Presentation plaque and letter of appreciation for partnering with them to achieve a complete and accurate census count By U.S. in 2010. They advised that the City of Azusa has obtained 74% cooperation fiom the community. They Census to provided other statistics regarding the Census count. City Certificates of Recognition were presented to the Sponsors of the Kids Come First Golf Tournament. Kids Come First Certificates of Recognition were presented to 2009-2010 Junior Girl Scout Troop 9024, for outstanding Jr. Girl Scouts accomplishment of being recipients of the "Bronze Award". Troop 9024 CLOSED SESSION The City Council recessed to Closed Session at 6:56 p.m. 1. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: Administrative Services Director -Chief Financial Officer Kreiineier Organizations AMMA, SEIU, APOA, APMA and ACEA REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and 'terms of Payment a. TALLEY PROPERTY Address: 619 - 621 N. Azusa Avenue, Azusa Negotiator: 621 "valley LLC 3. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE (Gov. Code Sec. 54957). Closed Session Conf w/labor Negotiators Real Prop Negotiations Talley Prop Pub Emp Disc 4. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (Gov. Code Sec Conf w/legal 54956.9 (c ). Council will discuss a potential lawsuit to enforce an agreement. Cusl The City Council reconvened at 7:36 p.m. The City Attorney advised that with regard to the Personnel City Attorney Matter the City Council upheld a disciplinary matter involving the Personnel Board. Close Sess Rpt Mayor Roclia called the meeting to order. Jason Hodges led in the salute to the Flag. Pastor Dale Nelson Call to Order of Azusa House of the Nations gave the invocation. City Attorney clarified for the record that the City Council meeting is conducted pursuant to California Government Code Section 54953, in that one member of the City Council, Keith Hanks, would be participating in the City Council meeting by teleconference. In accordance with the Brown Act, the teleconference location was identified in the notice and agenda for the meeting. She asked Councilmember Hanks, the audience and City Council members a series of questions required under special procedures required by the Brown Act. Flag Salute Invocation City Attorney Announced Teleconference K. Hanks Council member Keith Banks joined in the meeting via Teleconference Call from the KeiOn Hanks following location: via Teleconference Residence 443 East 700 South, St. George; UT 84770-4016 All votes were taken via a voice vote of the City Council. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT VIA TELECONFERENCE: ABSENT: COUNCILMEMBERS: ALSO PRESENT: GONZALES, CARRILLO, MACIAS, ROCHA HANKS NONE City Attorney Carvalho, City Manager Delach, Assistant City Manager Makshanoff, Police Chief Garcia, Director of Public Works, Haes, Economic and Community Development Director Christiansen, Administrative Services Director -Chief Financial Officer Kreimeier, Library Director Johnson, Director of 'Recreation and Family Services Jacobs, Recreation Supervisor Gonzales, Director of Information Services Graf, Assistant Director of Economic and Community Development McNamara, Utilities Director Morrow, Public Information Officer Quiroz, City Clerk Mendoza, Deputy City Clerk Toscano. Roll Call Also Present PUBLIC PARTICIPATION Pub Part Mr. Mike Lee addressed Council expressing condolences regarding the passing of John Moreno, invited all M. Lee to the 60°i Anniversary celebration of the Korean War Armistice Day event July 27"', and expressed his Comments opinion regarding Vulcan Project. Ms. Madelyn Payne addressed Council talking about the importance of HIV Infection and AIDS and the M. Payne lack of knowledge and ignorance; she provided statistics regarding the disease. She then noted that a Comments residept, Paul Naccachiau had recently raised over $3000 by participating in the AIDS Lifecycle from San Francisco to Los Angeles, Chief Executive Director of the Azusa Chamber of Commerce Irene Villapania, addressed Council 1. Villapania expressing the Chambers opposition regarding the proposed Tobacco Retailer License Fee. She stated that Comments the businesses affected will comply with the ordinance prohibiting the sale of Tobacco products to minors and the penalties in the form of administrative fees. Ms. Mary McKenrick also of the Chamber of Commerce presented petitions and statements with signatures. Mr. David Czamanske of the Sierra Club addressed Council asking questions regarding the Vulcan D. Czamanske Proposal. Comments ' Mr. Jorge Rosales expressed his condolences regarding the passing of John Moreno and staled that John J. Rosales had asked that he complete the planning ceremony of the Sixtieth Annual Korean War Armistice Day Comments Ceremony and invited all to attend on Tuesday July 271h at 10 a.m. in front of the monument at city hall. He pointed out discrepancies lie believed were wrong on the Agenda. Mr. Mark Smith addressed Council and expressed his opinion regarding the democratic process and his M. Smith support of it. Comments Mr. Daniel Meza addressed Council and expressed his opposition to the Vulcan Project and offered D. Meza suggestions on the way to proceed alter referendum against the ordinance is completed, he thanked all who Comments were against the project. Ms. Sandra Rentschler addressed Council thanking them from the residents of Mountain Cove, Crystal S. Rentschler Canyon and Mirador for their vote on the Vulcan Project. She talked about the oris-infornialion circulated. Comments Ms. Andrea Cruz addressed Council stating that the prior Municipal Code said that mining would be A. Cruz discontinued within years and now it reads differently. She talked about citations that have been given to a Comments certain owner and talked about the rezoning of the property when Rosedale zoning was changed. Staff responded to questions regarding Vulcan mining; the Agenda descriptions; the Azusa Municipal Code Staff response and Development Code and citations. REPORTS. UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Updates/Rpts ' NOTICE TO THE PUBLIC Notice NOTICE IS HEREBY GIVEN of City Board and Commission term of office expirations, ending Brds & Com September 30, 2010 for the following Boards and Commissions of the City of Azusa: I Position Architectural harriers Commission 3 positions Cultural and Historical Preservation Commission 2 positions Human Relations Commission 2 positions Library Commission 1 position Park and Recreafion Commission 1 position Personnel Board 2 positions Planning Commission 7/19/ H) PAGE TWO 1 City Manager Delach announced that the Freeway Sign will be put in place on Tuesday at 7 a.m. He City Mgr announced that on August 5"' Councilmember Angel Camillo will be installed as the new President of the Comments Los Angeles Chapter of the League of California Cities. Moved by Mayor Pro 'rein Gonzales, seconded by Councilmember Macias and unanimously carried to Proc Eagle Seen approve request for proclamation for Zachary Urquhart in honor of receiving Eagle Scout status. Z. Urquhart Mr. Darren Kasamolo, General Manager of the SGV Municipal Water District provided a update d. Kasamoto presentation on the issue of water. SGV Muni Wtr Mayor Pro -Tem Gonzales asked that the City Attorney clarify facts behind a proposed referendum on the Gonzales proposed ordinance to be considered at this meeting regarding Vulcan Mining. Comments City Attorney Carvalho provided the definition of referendum, and stated that the. approved EIR, Revised City Attorney Conditional Use Permit and Reclamation Plan will not be subject to referendum because it can only be used Response to reject statute or pails of laws, and legislative actions. The Development Agreement is subject to referendum; she described it and its contents and noted the implications of overturning it as it contains additional requirements, the promise not to mine after 2038, special benefits for the acquisition of open space, guarantee of the trail head, and a number of other things not required by the CUP and Reclamation Plan. Tile effect of a proper referendum on the Development Agreement means that the City would lose many of the benefits that have been negotiated. Mayor Pro -Tem Gonzales continued and congratulated Councilmember Angel Camillo on becoming the Gonzales new President of the Los Angeles Chapter of the League of California Cities; announced the Cool Cuts for Continued kids to be held on Sunday, August 29"', from noon to 4 p.m.; and wished Gil Valenzuela of Fire Station 32, a speedy recovery as he had surgery today. Councilmember Hanks congratulated Councilmember Angel Carrillo on becoming the new President of the Hanks Los Angeles Chapter of the League of California Cities and talked about the significance of the use of Comments reclaimed water. Councilmember Macias congratulated the in -coming officers of the Azusa Chamber of Commerce, Macias expressed condolences oil the passing of Mr. John Moreno, talked about his Commissioned Officer status Comments with the U.S. Navy, congratulated Angel Carrillo as new President of League and announced a Helping Hand benefit on Saturday, at 5 p.m. at Parish Hall. Councilmember Camillo talked about his representation as delegate to outside boards and expressed his Carrillo appreciation to his colleagues for their support. He noted that there have been very important decisions Comments made on behalf of the City and San Gabriel Valley that have been good decisions and expressed his disappointment that some people would think that they would intentionally make bad decisions. He encouraged all to use the local cooling centers. Mayor Rocha expressed congratulations to Councilmember Carrillo, asked that the meeting be adjourned in Rocha memory of John Patrick Moreno and Ramiro Cipres, and asked that everyone pray for service men and Comments women. He reminded all of the following: Buster Balloon Man show at the Auditorium on Tuesday, Concerts in the Park will begin on Thursday, 60"' Korean Veterans Day Celebration, Be a Walker Program on September I It" at Northside Park and August 14"' at Memorial Park where Councilmember Carrillo will be a Guest Walker, Tree Planting on August 7"' at Mountain View School, Citrus Crossing Clean up, every other Sunday at 7:30 a.m. SCHEDULED ITEMS Sched Items PUBLIC HEARING - RESOLUTIONS ADOPTING 2010/11 FISCAL YEAR SCHEDULE OF FEES Pub Hrg AND CHARGES. Fees & Charges Administrative Services Director -Chief Financial Officer Kreimeier addressed the Hearing stating that a A Kreimeier comprehensive study of the fees and charges has been completed by Revenue Costs Specialists and Ilse fees Comments reflect the recommendation. The fees were reviewed by the City Council at a workshop on June 28, 2010. lie noted correction on page 39 5-48.3 Senior Center Rental. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication of notice Hrg Open of said Hearing published in the San Gabriel Valley Tribune on July 8, 2010. Testimony was solicited, but none was received. Moved by Mayor Pro -Tem Gonzales, seconded by 1-lrg Closed Councilmember Carrillo and unanimously carried to close the Public Hearing. Discussion was held regarding Senior/Low Income dog license fee discounts, carnival workers fees for Discussion background investigation, appeal fees, and appreciation was noted to staff for keeping swimming and meals affordable. 117/19/111 PAGE THREE C Councilmember Macias offered Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res. 10-C43 ESTABLISHING CERTAIN DEVELOPMENT PROJECT FEES AND SERVICE CHARGES. Dev Fees Moved by Councilmember Macias, seconded by Mayor Pro -Tem Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilmember Macias offered a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res.10-C44 ESTABLISHING A USER FEE SCHEDULE FOR VARIOUS MUNICIPAL ACTIVITIES AND Oser Fees SERVICES. Moved by Councilmember Macias, seconded by Mayor Pro -Tem Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE CONSIDERATION OF TOBACCO RETAILER LICENSE FEE AND PROGRAM Tobacco Lie Fee Director of Public Works Flaes addressed the issue presenting the no -fee educational/enforcement program T'. Flaes to prevent illegal tobacco sales to youth and follow-up in July of 2011 with a report to Council to determine Comments the effectiveness of the non -fee program. He presented the Tobacco Retailer License Fee and Program also, and recommended the no fee based education program. Discussion was held. Moved by Mayor Pro -Tem Gonzales, seconded by Councilmember Macias and unanimously carried to No -fee Edu implement staff's proposed no -fee educational/enforcement program to prevent illegal tobacco sales to Program youth using the existing Ordinance passed on May 3, 2010 and review the program's effectiveness in July Approved 2011. The CONSENT CALENDAR consisting of Items D-1 through D-11 was approved by motion of Consent Calendai Councilmember Macias, seconded by Mayor Pro -Tem Gonzales and unanimously carried with the Dl —D -I l D-2 exception of items D-2 and D-10, which were considered under the Special Call portion of the Agenda. &10 Spec Call 1. The minutes of the regular meeting of July 6, 2010, were approved as written. 2. SPECIAL CALL ITEM Min appvd Spec Call 3. Approval was given for an extension of the 2009 - 2010 senior meal contract and Staff was Extension of authorized to execute a one-year extension of the agreement will) Management Specialist, Inc., D13A Senior Meal Morrison Health Care, caterer for the Azusa Senior Center, Contract. 4. Formal sealed bids were waived in accordance with Azusa Municipal Code Section 2-523 section B, Matrix Imag. computer software maintenance services and 2-523 section C, no competitive market and approval Software Maint was given for the software maintenance and support contract from Matrix Imaging, in the amount of -$12,929.00. 5. Formal sealed bids were waived in accordance with Azusa Municipal Code Section 2-523 section 13, Motorola hic. computer software maintenance services and 2-523 section C, no competitive market and approval Software Maint. was given for the software maintenance and support agreement from Motorola Inc, in the amount of $23,982.00. 6. Formal sealed bids were waived in accordance with Azusa Municipal Code Section 2-523 section B, CDW-G computer software maintenance services and approval was given for the software maintenance Software Maint support and licensing from CDW-G, in the amount of $20,175. 7. Formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer SIRSI software maintenance services and 2-523 section C, no competitive market and approval was given Software Maint for the annual software maintenance and support agreement from SIRSI Corporation, in the amount of $26,301.06. 8. Staff was authorized to enter into a Cooperation and Reimbursement Agreement with the County of Instaff two Ped Los Angeles for the installation of two new pedestrian bridges on Alosta Avenue at Little Dalton Bridges Alosta Wash. 07/19/10 PAGE FOUR 9. Approval was given for an amendment to the existing B/R Partners agreement, extending it to .lune Amend Agml 30, 2011, and the Mayor was authorized to sign the amended agreement Wit Partners 10. SPECIAL CALL ITEM. 11. The following resolution was adopted and entitled: Spec Call A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 10-C45 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH ]'HE SAME Warrants SPECIAL CALL ITEMS Special Call Item ' Mayor Pro -Tem Gonzales addressed the Human Resources Action Items stating that due a possible conflict Gonzales abstn of Interest lie would be abstaining from the vote on that item. 1-1R Action Item Moved by Councilmember Carrillo, seconded by Councilmember Macias and carried to approve the IIR Action Item following, Mayor Pro -Tem Gonzales abstained. Approved 2. Human Resources Action Items were approved as follows: Merit Increase and/or Regular Appointment: O. Bruno, A. Magana, D. Ursua, S. Jauregui, R. Lomingkit II, G. Conrad, B. Hale, C. Curiel, M. Gonzales, Mayor Rocha questioned the cost of the roofing project completed and Director of Public Works Haes Rocha responded stating that (lie fiscal impact should read at $115,000 and not below. Question Moved by Councilmember Carrillo, seconded by Councilmember Macias and uoauimously carried to NOC Root's approved the following: Approved 10. Notice of Completion for the following projects. were approved and staff was authorized to file with Approved the Los Angeles County Clerk: City Hall Roof Replacement (CIP# I1010A), Library Roof Restoration (CIP# 511 10A), and Police Station Roof Restoration (CIP# 31010A). THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED JOINTLY AT 9:50 Cnel/CRA TO ADDRESS THE FOLLOWING ITEMS: Convene Judy 'REDEVELOPMENT AGENCY ADMINISTRATION/ADVANCE FROM THE CITY. Resolutions will Advance from authorize an advance of $1,559,245 from the City's General Fund to the Redevelopment Agency, and City authorize execution of the Note. Director Gonzales offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING Res. 10-R25 A LOAN FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED REDEVELOPMENT Requesting Loan PROJECT AREA. Moved by Director Gonzales, seconded by Director Hanks to waive furtber reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS, ROC14A NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Mayor Pro -Tem Gonzales offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS FOR Res. 10-C46 PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA. Authorizing Loan Moved by Mayor Pro -Tem Gonzales, seconded by Councilmember Hanks to waive further reading and 'adopt. Resolution passed and adopted by the following vote of the Council AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE Amend PSA REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND HOGLE-IRELAND INC. FOR AN Hogle-Ireland EXTENSION OF TIMETO COMPLETE THE PREPARATION AND ADOPTION OF THE CITY'S HOUSING ELEMENT UPDATE. 07/19/10 PAGE FIVE Moved by Councilmember/Board Member Hanks, seconded by Councilmember/Board Member Macias Amend PSA and unanimously carried to authorize the City Manager to approve an amendment to the Professional Hogle-;h-eland Services Agreement with Hogle-Ireland, Inc., to extend their current contract with the City through Approved November 30, 2010, for the preparation of the State -mandated update to the City's Housing Element of the General Plan. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT Cncl Recessed 10:05 P.M. THE CITY COUNCIL RECONVENED AT 10:22 P.M. Cncl Reconvene ORDINANCES/SPECIAL RESOLUTIONS ' Councilmember Hanks offered a Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING A DEVELOPMENT AGREEMENT WITH VULCAN MATERIALS COMPANY, PROCESSED IN CONJUNCTION WITH THE MODIFICATION TO CONDITIONAL USE PERMIT C-890-20 FOR THE AZUSA ROCK QUARRY LOCATED AT 3901 FISH CANYON ROAD, AZUSA, CALIFORNIA, PURSUANT TO GOVERNMENT CODE SECTION 65864 ET SEQ. Moved by Councilmember Hanks, seconded by Mayor Pro -Tem Gonzales to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS NOES: COUNCILMEMBERS: ROCHA ABSENT: COUNCILMEMBERS: NONE It was consensus of Council to set August 19, 2010 for the next City Hall on the Move. It was consensus of Councilmembers to adjourn in memory of John Patrick Moreno, lifelong Azusa resident and Korean War Veteran and Ramiro Cipres. TIME OF ADJOURNMENT: 10:26 P.M. CITY CLERK NEXTRESOLUTION NO. 2010-C47. NEXT ORDINANCE NO. 2010-06. 07/19/10 PAGE SIX Ord/Spec Resos Ord 10-05 Approving Development Agreement Vulcan Mining CH on the Movi Adjourn in Memory John Patrick Moreno, and Ramiro Cipres