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HomeMy WebLinkAboutMinutes - July 18, 2011 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, JULY 18,2011 — 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 The City Council presented proclamations to City Manager Francis M. Delach and Chief of Police Robert Procs to City Garcia in honor of their retirement from the City of Azusa. Mgr & Chief Certificates of Recognition to Azusa National Little League Rays and Ironbirds were postponed. Cert Nat Ltl Lg Postponed CLOSED SESSION The City Council recessed to Closed Session at 6:48 p.m. to discuss the following: Closed Session 1. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Conference ,Agency Negotiators: Administrative Services Director -Chief Financial Officer Kreimeier and w/Labor City Manager Delach Negotiator anizations APMA (Azusa Police Management Association). APMA 2. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Real Prop Under Negotiation: Price and Terms of Payment Negotiations a. BLOCK 36 Address: APN 8611-003- 921 Block 36 Negotiating Parties: Lewis Retail Centers b. DOWNTOWN NORTH A2 & A3 Sites Downtown Addresses: North A2 & A3 858 N. Azusa Avenue, Azusa, CA 832 N. Azusa Avenue, Azusa, CA Sites 826 N. Azusa Avenue, Azusa, CA 812 N. Azusa Avenue, Azusa, CA 830 N. Azusa Avenue, Azusa, CA 801 N. Alameda Avenue, Azusa, CA 810 N. Alameda Avenue, Azusa, CA 803 N. Dalton Avenue, Azusa, CA 805 N. Dalton Avenue, Azusa, CA 809 N. Dalton Avenue, Azusa, CA 813 N. Dalton Avenue, Azusa, CA Negotiating Parties: Lewis Retail Centers c. FORMER TRANSPORTATION YARD Transportation Address: 943 N. Vernon Ave, Azusa, CA 91702 Yard Negotiating Parties: Mr. Art Ramirez 3. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code See. 54957.6) Conf w/Labor Agency Negotiators: City Manager Delach Negotiator Exec Organization: Executive — Negotiation of Executive Benefits The City Council reconvened at 7:40 p.m. City Attorney Carvalho advised that direction was given to Cncl rcvnd staff but there was no reportable action taken in Closed Session, Closd Sess No Reports Mayor Rocha called the meeting to order. Call to Order Ms. Mary McKenrick led in the pledge to the Flag. Flag Salute Invocation was given by City Manager Fran Delach ROLL CALL PRESENT: COUNCILMEMBERS: ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: GONZALES, CARRILLO, MACIAS, HANKS, City Attorney Carvalho, City Manager Delach, Assistant City Manager Makshanoff, Police Chief Garcia, ,Police Captain Gonzalez, Director of Public Works Hae,, Director of Economic and Community Development Christiansen, Director of Utilities Morrow, Library Director Johnson, Public Information Officer Quiroz, Director Information Technology Graf, Police Lieutenant Bertleson, Parks Superintendent Chavez, Police Administrative Technician Ceccia, City Engineer Hassel, Assistant Director of Economic and Community Development McNamara, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Ms. Laura Jimenez, Field Representative for Senator Ed Hernandez office announced the Senator will be co -hosting the Business Seminar available through the California Capital Access Program, which is State Funding for Businesses and nonprofit organizations, to be held at the Azusa Woman's Club on Friday, July 22, 2011 from 7:30 am — 9:30 am. She noted that the Senator will also be hosting another Seminar on July 30, 2011. Invocation Roll Call Also Present Pub Part L. Jimenez Senator Hernandez Announcements M. Lee Mr. Mike Lee addressed Council expressed his opinion regarding workshops sponsored by Assemblyman Comments Roger Hernandez, meetings on the proposed parking structure, Downtown North Committee, recycling cell phones for homeless veterans and asked all to pray for the Troops. J. DeDoncker Mr. John DeDoncker addressed Council and announced a Housing Workshop sponsored by the Azusa Comments Chamber of Commerce in partnership with Citrus Valley Association of Realtors, Neighborhood Housing Services of Los Angeles County, City of Azusa and Azusa Pacific University, on Saturday, July 30, 2011 from 9:00 am -2 pm at Azusa Pacific University. Be stated that Senator Hernandez will also be attending the event. N. Kihlman fMs. Nina Kihlman and Ms. Uriah Johnson of Neighborhood Housing Services of Los Angeles County U. Johnson dressed Council announced the Housing Workshop on July 30, 2011, at Azusa Pacific University. S. Derohanian r. Sevan Derohanian representing Dollar Deals business at 502 E. Foothill addressed Council Comments expressing his frustration in trying to obtain a business license for their business due to unresolved violations from previous owners. 07/18/11 PAGE TWO Speakers re: The following persons spoke against a proposed Park and Ride Structure on Alameda in the City of Prop Park & Azusa: Joe Guarrera, Jorge Rosales, Richard Rodriguez, Bruce Knoles, Peggy Martinez, Stephanie Mills, Ride Structure Tom Sanchez, Harry Schultz, and Steve Worsley. A. Morales Mr. Art Morales addressed Council expressing his appreciation to the Azusa Light and Water Department Comments employees for the excellent customer service, he stated they are courteous, efficient, proficient, and also that Mayor, City Council and City Manager are to be commended for the great job they are doing. He acknowledged the Chief of Police and Captain of the Azusa Police Department. He expressed his opinion in favor of the Park and Ride Facility. Responses to City Manager Delach and Director of Public Works Haes responded to questions posed during public Questions participation regarding business license issues, and clarification of issues regarding proposed parking structure on Alameda. Additional discussion was held regarding the commitment to Target, Citizens Congress, Downtown North Advisory Committee, and the Gold Line. Rpt on Cnstret Director of Public Works/Assistant City Manager Haes provided a report on the construction work at the T. Haes intersections of Foothill and San Gabriel, Foothill and Alameda, and Foothill and Azusa. He stated that it is approximately a 60 day project which will remove concrete, replace and reinstall electrical conduit and pour new concrete. They will work with the contractor to minimize traffic. Rpts, Updates REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Homeless Vets Mayor Rocha — Mr. Todd R. Morgan of Vet Hunters, the report on Homeless Veterans was not presented No Report at this time. M. McKendrick Ms. Mary McKendrick of Athens Services presented a check in the amount of $7,000 to Ms. Suzanne Check to CRC Avila of California Resource Connections, Inc. to complete the Azusa Community Garden at Memorial Park. 07/18/11 PAGE TWO Police Lieutenant Bertleson provided an update on 4'h of July Fireworks detailing the enforcement Rpt on operations, along with Community Improvement personnel, as follows: there were 139 fireworks related Fireworks calls, 95 of them on the 4th of July, 67 citations were issued for illegal fireworks with a minimum fine of Lt. Bertleson $250, illegal firework displays were up this year and there were 8 small fires, some in the incorporated area of Azusa. Director of Economic and Community Development Christiansen addressed Council stating that due to Rpt on Redevel. statements made at the last meeting regarding the parking structure not being consistent with the K. Christiansen Redevelopment Plan, he searched the Plan and couldn't find that it wasn't consistent with the Redevelopment Plan. Councilmember Gonzales announced the following: Overnight Camp Out to be held at Northside Park on Gonzales August 13, 2011, 3`d Annual Kool Cuts For Kids, K-121hgrade to be held on Sunday August 28'h from Comments Noon to 4 p.m. at Memorial Park, and he thanked his colleagues for their support. Councilmember Carrillo wished all a happy and safe summer, reminded all of the Concerts in the Park, Carrillo Library Programs, Cooling Centers and to be aware of the public service announcements on the reader Comments board and the city website. Councilmember Macias asked about the weeds in front of Target on the railroad right a way and Director Macias of Public Works Haes responded stating that there was a need for paperwork which would take about four Comments weeks. Mr. Macias also asked about the plants/palms in front of Bank of America as they look wilted and asked who was responsible for them, the City or Bank. Discussion was held between Mr. Macias and Staff regarding the proposed Park and Ride structure and alternative options. Mayor Rocha asked that the meeting be adjourned in memory of Margaret Miramontes, Christopher Rocha Adam Vasquez, and Rudy Hooper. He announced the following: Concerts in the Park, City Hall on the Comments Move July 28`h 5:30 p.m., Korean Armistice July 27'h 10 a.m. front of City Hall, National Night Out Tuesday August 2nd in front of Target at 7 p.m., Be A Walker Saturday, August 13'h 9:30 a.m., Zack Padilla will be special guest, and to keep servicemen and women in prayer. SCHEDULED ITEMS PUBLIC HEARING - 2011 JUSTICE ASSISTANCE GRANT APPLICATION Sched Items JAG Grant aptain Sam Gonzalez addressed the Hearing stating that this is an annual non-competitive Federal grant S. Gonzalez program which will further supplement the mobile digital computer (MDC) system. Comments e 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 6, 2011. Testimony was received from Mr. Art Morales who stated he was in favor and support of whatever would Testimony aid the police department in their work. Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried to Hrg Closed close the Public Hearing. Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried to Justice Assist. approve the 2011 Justice Assistance Grant (JAG) application and utilize funds to further supplement the Grant App. upgrade of the mobile digital computer (MDC) system. Approved CONSIDERATION OF ORDINANCES TO COMPLY WITH VOLUNTARY ALTERNATIVE Ordinances REDEVELOPMENT PROGRAM TO PERMIT THE CONTINUED EXISTENCE AND OPERATION To permit OF THE AZUSA REDEVELOPMENT AGENCY. Redevelopment City Attorney Carvalho advised that under the Political Reform Act and related Fair Political Practices Commission regulations, Council Members are presumed to have a conflict of interest when they own real property within 500 feet of the boundaries of a plan or a property subject to a Council decision. Due to the fact that the Mayor and four Council Members do own real property within 500 feet of the boundaries of the Redevelopment Plan there is a need to invoke the rule of necessity. This is when the participation of Council Members is legally required in order to make a decision. The proposed Urgency Ordinance requires that four (4) Council Members vote and the regular Ordinance requires that three (3) Council Members vote. Council Members to vote on each item was determined by a selection process using playing cards. Director of Economic and Community Development Christiansen presented the item detailing the results of the Governor's and Legislature enacted two budget trailer bills, Assembly Bill IX26 the "Dissolution Act" and Assembly Bill 1X27 the "Alternate Redevelopment Program", which allows redevelopment agencies that desire to avoid the consequences of the Dissolution Act to comply with alternative redevelopment program. He detailed each Assembly Bill. 07/18/11 PAGE THREE City Attorney Carvalho When a Conflict Of Interest Exists Director of Economic and Community Dev Christiansen Presentation Councilmember Carrillo offered an Urgency Ordinance entitled: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA DETERMINING IT WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE AZUSA REDEVELOPMENT AGENCY" Moved by Councilmember Carrillo, seconded by Councilmember Gonzales to waive further reading and adopt. Urgency Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: HANKS Mayor Pro -Tem Hanks offered an Ordinance entitled: Urgency Ord. No 11-011 Voluntary Alternative Redevelopment Program AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA DETERMINING IT WELL Ist Rdg Ord COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT Voluntary TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER Alternative TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE AZUSA Redevelopment REDEVELOPMENT AGENCY" Program Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Carrillo and carried to waive further reading and introduce the proposed ordinance. Councilmembers Macias and Gonzales abstained. The CONSENT CALENDAR consisting of Items D-1 through D-13 was approved by motion of Consent Cal Mayor Pro -Tem Hanks, seconded by Councilmember Macias and unanimously carried, with the D-1-13 appvd exception of items D-4 and D-11, which were considered under the Special Call portion of the Agenda. D-4 & 1 1 Spec I. The minutes of the special meeting of June 13, 2011 and the regular meeting of July 5, 2011, were Min appvd approved as written. Councilmember Macias abstained from the minutes of July 5th as he was not in Approved attendance at that meeting. 2. HUMAN RESOURCES ACTION ITEMS. Human Res Merit Increase and/or Regular Appointment: M. Moore, L. Maldonado, R. Lomingkit, and A. Action Items Magana. Promotion: R. Schmidt, Police Sergeant effective 7/1/11. New Appointments: D. Mosher, Engineering Associate, and D. Fawcett, Police Officer. 3. Approval was given for the leasing of five LATCH modules from Aardvark Tactical, Inc. ATHENA Aardvark program in an amount not to exceed $40,204.76 over the course of the five year services agreement. Tactical, Inc. Approve the lease based on a sole -source manufacturer as authorized by AMC Section 2-523(d) when Lease of there is no competitive market. This type of lease agreement provides for a fixed annual cost to host the modules modules at the Police Department and pay for what is consumed, broken or destroyed during their deployment. 4. SPECIAL CALL ITEM. Spec Call 5. Formal sealed bids were waived in accordance with Azusa Municipal Code Section 2-523 section B, Matrix Imaging computer software maintenance services and 2-523 section C, no competitive market, and approval was Software Maint given for the software maintenance and support contract from Matrix Imaging, in the amount of & Support $12,929.00. 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 support Software Maint and licensing from CDW-G, in the amount of $19,845.00. & Support 7. Formal sealed bids were waived in accordance with Azusa Municipal Code Section 2-523 section B, SIRSI Corp. computer software maintenance services and 2-523 section C, no competitive market and approval was Software Maint given for the annual software maintenance and support agreement from SIRS] Corporation, in the amount & Support of $27,984.33. 8. Approval was given for the agreement with LA Works for Fiscal Year 2011/12 in an amount not to LA Works exceed $66,116 and its execution was authorized. Agreement 9. The amendment to the existing B/R Partners agreement, extending it to June 30, 2012, was approved B/R Partners and the City Manager was authorized to sign the amended agreement. Agreement 7/18/11 PAGE FOUR The purchase of three 2011 Ford Police Interceptor vehicles and one Chevy Tahoe Police Vehicle Purchase three Package from Wondries Fleet Group, in an amount not to exceed $104,553.53, was approved and the PD Vehicles purchase of these vehicles was based on the competitive bid process completed by the County of Los Wondries Fleet Angeles as authorized under AMC Section 2-523 (e). Group SPECIAL CALL ITEM. Spec Call Azusa Police Management Association Contract and approval of terms of the Memorandum of APMA MOU Understanding (MOU) from August 1, 2010 through July 31, 2015, was approved. 8/1/10 thru 7/15 The following resolution was adopted and entitled: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 11-059 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO Warrants BE PAID. 'ECIAL CALL ITEMS Special Call Items Mayor Pro -Tem Hanks addressed both items D-4 and D-11 and asked if the Tract Map would modify the Hanks comment lots; Director of Economic and Community Development Christensen responded no and that any modifications would have to go to the Planning Commission first. 4. FINAL TRACT MAP NO. 54057-13 - Moved by Mayor Pro -Tem Hanks, seconded by Final Tract Map Councilmember Carrillo and unanimously carried to act and find as follows: No. 54057-13 1. That this project complies with the General Plan and is consistent with the approved tentative map and Approved any amendments thereto. 2. The dedications as offered on the maps are hereby approved and accepted. 3. The City Council approves and authorizes the Mayor to execute the attached AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS FOR Tract No. 54057-13 to construct the required public improvements and also accept the attached Faithful Performance Bond in the amount of $118,152.21, the attached Labor and Materials Bond for $118,152.21, as guaranteed by General Insurance Company of America, and a cash Monumentation Bond in the amount of $11,750. 4. That pursuant to Section 66436(a)(3)(A)(i-vii) of the Subdivision Map Act, the City Council hereby finds that the development of the property, in the manner set forth on the subject division of land, will not unreasonably interfere with the free and complete exercise of the easements held by Azusa Land and Water Company, Starfield Azusa Heritage Oaks, LLC, Southern California Edison Company, Monrovia Nursery Company and Rosedale Land Partners II, LLC and accepts the map without the signatures of said easement holders. 5. Approve Final Tract Map No. 54057-13. 6. The City Clerk is hereby authorized to endorse on the face of the maps the certificates, which embodies the approval of said maps and acceptance of dedications. 11. ASSIGNMENT AND ASSUMPTION OF FUNDING AND ACQUISITION AGREEMENT — Assignment & CITY OF AZUSA COMMUNITY FACILITIES DISTRICT NO. 2005-1. Assumption Agreement Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Carrillo and unanimously carried to Approved approve and authorize execution of the Assignment and Assumption of Funding and Acquisition Agreement. Cncl Recess THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT CRA Adjourn 10:01 P.M. THE REDEVELOPMENT AGENCY ADJOURNED AND THE CITY COUNCIL Cnel Renvd RECONVENED AT 10:02 P.M. Ord/Spec Resos 2DINANCES/SPECIAL RESOLUTIONS Councilmember Gonzales offered an Ordinance entitled: Ord. 11-012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING ZONE Zone Change CHANGE Z-2009-01, TO CHANGE THE ZONING MAP DESIGNATION OF A PORTION OF LAND Z-2009-01 FROM DWL (DISTRICT WEST END LIGHT INDUSTRIAL) TO DW (DISTRICT WEST END INDUSTRIAL). Moved by Councilmember Gonzales, seconded by Mayor Pro -Tem Hanks to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mayor Pro -Tem Hanks offered an Ordinance entitled: 07/18/11 PAGE FIVE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING ZONING Ord. 11-013. CODE AMENDMENT ZCA 230, ALLOWING OPERATING HOURS BETWEEN 9:00 P.M. AND Zone Change 7:00 A.M. IN THE DW AND DWL ZONES WITH A USE PERMIT. ZCA 230 Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Councilmember Carrillo offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING A Ord. 11-014 DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION AND OPERATION OF A MATERIAL Appvg Dev RECOVERY FACILITY AND TRANSFER STATION, LOCATED AT 1501 W. GLADSTONE Agmt MRF STREET. Moved by Councilmember Carrillo, seconded by Councilmember Gonzales to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Adjourn in It was consensus of Councilmembers to adjourn in memory of Christopher Adam Vasquez, Rudy Memory of Hooper, and Margaret Miramontes. C. Vasquez, R. Hooper, & M. Miramontes ITIME OF ADJOURNMENT: 10:04 P.M. NEXT RESOLUTION NO. 2011-C60. NEXT ORDINANCE NO. 2011-015. 07/18/11 PAGE SIX