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HomeMy WebLinkAboutMinutes - June 18, 2012 - CCL CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, JUNE 18, 2012 — 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. CLOSED SESSION Closed Session Mr. Mike Lee addressed the item wishing good luck to Council on decisions to be made in closed M. Lee session. Comments The City Council recessed to Closed Session at 6:30 p.m. to discuss the following: Gov. Code See. 54957.6 — CONFERENCE WITH LABOR NEGOTIATOR Conference City Negotiators: City Manager Makshanoff w/Labor Organizations: ACEA (Azusa City Employees Association), AMMA (Azusa Middle Management Negotiators Association), SEIU (Service Employees International Union), APMA (Azusa Police ACEA, Management Association), CAPP (Civilian Association of Police Personnel), APOA AMMA, SEIU, (Azusa Police Officers Association) and IBEW (International Brotherhood of APMA, APOA, Electrical Workers). IBEW Gov. Code Sec 54956.9 ( c) - CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED Anticipated LITIGATION. 1 Potential Case litigation The City Council reconvened at 7:35 p.m.; City Attorney Martinez advised that there was no reportable No Reports action taken in Closed Session, and Council would continue discussion of closed session item at the end of the meeting. Mayor Rocha called the meeting to order. Pledge to the Flag was'led by David Santellan and Bell Fierro Invocation was given by Pastor Rick McDonald of Azusa House of Prayer ROLL CALL PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: City Attorney Martinez, City Manager Makshanoff, Director of Public Works/Assistant City Manager Haes, Police Chief Gonzalez, Interim Finance Director Paragas, Recreation and Family Services Director Jacobs, Library Director Johnson, Director of Information Technology Graf, Interim Human Resources Director Neiuber, City Engineer Hassel, Information Officer Quiroz, Assistant Director to Economic and Community Development McNamara, Assistant Director of Utilities Kalscheuer, Recreation Superintendent Gonzales, Recreation Supervisor Gonzales, Recreation Program Coordinator Martinez, City Clerk Mendoza, Administrative Technician Hernandez. PUBLIC PARTICIPATION Call to Order Flag Salute Invocation Roll Call Also Present Pub Part Mr. Mike Lee addressed council addressing the following: the Summer Splash event held last Saturday; M. Lee wished council good luck on decisions to be made at this meeting; spoke of local business; wished good Comments luck to Ms. Candace Noscano, Assistant City Clerk, on her retirement from the City; and extended condolences on the passing of Mr. John Dangleis, former City Manager and Councilmember. Mr. Lynn Eaton, addressed council requesting an update on his previous questions regarding the L. Eaton distribution of Vulcan taxes paid to the city. Comments Ms. Adrian Martinez; Recreation Program Coordinator, addressed council inviting all to the Summer A. Martinez Concerts in the Park to be held at Memorial Park from July 19 thru August 23. Concerts Park Ms. Jeri Vogel addressed council regarding the budget adoption which includes employees lay off, and J. Vogel expressed her opposition regarding a proposed parking structure. Comments Mr. Joe Guarrera addressed Council requesting an update on a previous question regarding the J. Guarrera elimination of a Light and Water position and on the expense per stall of a proposed parking structure. Comments i Mr. Jorge Rosales, addressed council regarding park maintenance and park open space addressed at a J. Rosales recent budget workshop and expressed his opposition on a proposed parking structure. Comments 'City Manager Makshanoff stated that he will answer all questions posed as early as tomorrow. J. Makshanoff City Attorney Martinez, addressed the meeting stating that staff is restricted by the Brown Act to give M. Martinez brief answers to questions posed at Council meetings; some questions elicit detailed and/or technical comments responses, and in order to stay in compliance with the Brown Act, questions need to be answered outside the public meeting. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts, Updates Moved by Councilmember Hanks, seconded by Councilmember Macias and unanimously carried to Cancel August cancel the Council Meetings of August 6 and 20, 2012. meetings Councilmember Macias addressed the meeting stating that council will continue to be transparent to the U. Macias public and answer all questions addressed at the meetings; he spoke on the open park space the city has Comments obtained; and wished Candy Toscano, Assistant City Clerk, best wishes on her retirement from the City. Councilmember Hanks addressed the meeting thanking Ms. Candy Toscano, Assistant City Clerk, for her years of service to the city and wished her a happy retirement; requested public feed back if the city K. Hanks should endorse Assembly Bill AB 1446, which will authorize the extension of Measure R; he looks Comments forward for the review of the Environmental Impact Report on a proposed parking structure; and hoped all had a nice Father's bay. Councilmember Gonzales addressed the meeting congratulating all graduates; wished all a happy belated Father's Day; requested that all residents drive careful and watch out for children as they are out of R. Gonzales school for the summer; and announced that the meeting will be adjourned in memory of Mr. John Comments Dangleis. Mayor Rocha addressed the meeting stating that it will be adjourned in Memory of Mr. John Dangleis and Ms. Alicia Pulido Santellan; announced activities held in the city in the past week; announced the J. Rocha following upcoming events: Friday June 22, Azusa Cares will trim a residents tree to help call (626)334- Comments 1582; Summer Concerts in the Park; summer swimming; library activities from June 19 thru August 14; Wednesday, June 20, 5:30 p.m. at Memorial Park, the community open house regarding the Gold Line extension; and asked all to pray for our soldiers. Sched Items THE CITY COUNCIL CONVENED JOINTLY AS THE CITY COUNCIL, THE AZUSA Convene PUBLIC FINANCING AUTHORITY AND THE SUCCESSOR AGENCY OF THE FORMER Jointly REDEVELOPMENT AGENCY TO CONSIDER THE FOLLOWING: Budgets FISCAL YEAR 2012/13 CITY AZUSA PUBLIC FINANCING AUTHORITY, AND SUCCESSOR 2012/13 AGENCY OF THE FORMER REDEVELOPMENT AGENCY BUDGET ADOPTION. Budget Adoption City Manager/Executive Director Makshanoff, presented the budget, which included all three entities; the City Former City, the Successor Agency of the Former Redevelopment Agency, and the Azusa Public Financing Redev Authority's Operating and Capital Improvement Budgets for Fiscal Year 2012/13 (the "Combined Agency and Operating and Capital Budgets"), as proposed at the May 29, 2012 Budget Workshop together with APFA amendments as desired. Interim Finance Director Paragas answered questions posed by Mayor/Director Rocha, stating that project numbers on the 2012/13 Capital Improvement Program, Azusa Intermodal will be assigned once the formal award letter from the federal government has been received, and each assignment will have a separate project number. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE BUDGET Reso. 12-C34 AND APPROVING APPROPRIATIONS FOR THE CITY OF AZUSA FOR THE FISCAL YEAR City Budget COMMENCING JULY 1, 2012 AND ENDING JUNE 30, 2013. 06/18/2012 PAGE TWO Moved by Councilmember Hanks, seconded by Mayor Pro -tem Carrillo 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 Hanks offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY OF THE Reso. 12-R23 FORMER REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ADOPTING THE OPERATING Former Redev BUDGET AND APPROVING APPROPRIATIONS FOR THE SUCCESSOR AGENCY OF THE Agency 'FORMER REDEVELOPMENT AGENCY OF THE CITY OF AZUSA FOR THE FISCAL YEAR Budget COMMENCING JULY 1, 2012 AND ENDING JUNE 30, 2013. Moved by Councilmember Hanks, seconded by Mayor Pro -tem Carrillo 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 Director Hanks offered a Resolution entitled: A RESOLUTION OF THE BOARD OF DIRECTORS OF THE AZUSA PUBLIC FINANCING Reso. 12 -PI AUTHORITY ADOPTING THE BUDGET AND APPROVING APPROPRIATIONS FOR THE Pub Fin AUTHORITY FOR THE FISCAL YEAR COMMENCING JULY 1, 2012 AND ENDING JUNE 30, Authority 2013. Moved by Director Hanks, seconded by Director Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Board: AYES: BOARDMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROC14A NOES: BOARDMEMBERS: NONE ABSENT: BOARDMEMBERS: NONE THE PUBLIC FINANCING AUTHORITY ADJOURNED AND THE CITY COUNCIL AND APFA THE SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY CONTINUED AT 8:25 Adjourned P.M. City Contd PUBLIC HEARING —,2012 REFUSE RATE ADJUSTMENT. Assistant to Utilities Director Kalscheuer, addressed the Hearing presenting the 2012 refuse rate Pub Hrg adjustment. He stated that in accordance with the franchise agreement, the City is obligated to adjust Refuse Rate service rates annually by July 1. Proposition 218 requires the city to adopt the adjustment during a public Adjustment hearing and a 45 day notice. Adjustments are made based on the Consumer Price Index, Landfill, per ton rates, disposal costs and city fees. Single family will decrease by $0.65, multifamily by $.30; commercial 3 Cubic yard bin will increase by $6.84. Price decreases are due to residential decrease in disposing C. Kalshewer tonnage and discounts per volume at the Landfill; commercial increase is due to decrease of customer the Comments expense for disposal, and to close a deficit from previous year. After further discussion, the Mayor declared the hearing open. City Clerk Mendoza, read an opposition letter into the record by Athe De Prieto, and City Attorney City Clerk Martinez stated that this single opposition letter was not enough to stop consideration of adopting the Reads Oppose resolution to increase refuse rate. Letter Moved by Councilmember Gonzales, seconded by Council Member Hanks, and unanimously carried to Hrg Closed close the Public Hearing. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, APPROVING THE Resolution SIXTEENTH AMENDMENT TO THE EXCLUSIVE FRANCHISE AGREEMENT WITH No. 12-C35 ARAKELIAN ENTERPRISES TO AMEND THE SERVICE RATES AND FEES FOR THE PERIOD Amend OF JULY 1, 2012, THROUGH JUNE 30, 2013. Refuse Rate to Moved by Councilmember Gonzlaes, seconded by Councilmember Hanks, to waive further reading and Arakelian adopt. Resolution passed and adopted by the following vote of the Council: Franchise Agreement 06/18/2012 PAGE THREE AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE PUBLIC HEARING - RESOLUTIONS ADOPTING 2012/13 FISCAL YEAR SCHEDULE OF FEES Pub Hrg AND CHARGES. Fees and Charges S. Interim Finance Director Paragas, addressed the Hearing stating that the Consumer Price Index (CPI) Parrages went up in several departments; departments not affected by the increase are Recreation, Library, Presentation Utilities, Transportation Woman's Club and City Clerk. Staff responded to question posed by Mayor Rocha that included roof wood shakes shingles, alarm registration and renewal, yard sales v. state sales and, correction needed on the Aqua Zumba Classes fee. 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 June 4 and 11, 2012. Mr. Jorege Rosales addressed the hearing requesting clarification if blue cards needed to be submitted to J. Rosales address hearings; and commended staff for prompt responding to questions regarding fee increases. Comments Moved by Mayor Pro -tem Carrillo, seconded by Councilmember Gonzales, and unanimously carried to Hrg Closed close the Hearing. Mayor Pro -tem Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CALIFORNIA, Reso ESTABLISHING A USER FEE SCHEDULE FOR VARIOUS MUNICIPAL ACTIVITIES AND No.12-C36 SERVICES. User Fee Schedule Moved by Mayor Pro -tem Carrillo, seconded by Councilmember Gonzales, to waive further reading and adopt. Resolution passed and adopted, with an amendment to the Azusa Zomba class from $40.00 to $20.00, by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mayor Pro -tem Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Reso ESTABLISHING CERTAIN DEVELOPMENT PROJECT FEES. No. 12-C37 Development Moved by Mayor Pro -tem Carrillo, seconded by Councilmember Gonzales, to waive further reading and Project adopt. Resolution passed and adopted by the following vote of the Council: Fees AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ORDINANCE REPEALING AND RESERVING SECTION 62-302 PROHIBITING SOLICITATION Ordinance IN PUBLIC RIGHT-OF-WAY AND AMENDING SECTION 62-304 REGARDING THE PENALTIES Amending FOR VIOLATIONS OF SECTIONS 62-302 AND 62-303 OF THE AZUSA MUNICIPAL CODE. Prohibition of Solicitation Chief Gonzalez presented the item stating that this amendment is due to a recent court case, Comite de in Public-right- Jornaleros de Redondo Beach v. Redonodo Beach, regarding penalties for solicitation by individuals on of way the public right-of-way which was declare unconstitutional, and although the city has not enforced these violations, they are similar to the laws of which Redondo Beach was challenged. Discussion was held regarding day laborer, enforcement of laws in public v. private property, and the day laborer site on Gladstone. Mayor Pro -tem Carrillo offered an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA REPEALING Appv First AND RESERVING SECTION 62-302 PROHIBITING SOLICITATION IN PUBLIC RIGHT-OF-WAY Reading AND AMENDING SECTION 62-304 REGARDING THE PENALTIES FOR VIOLATIONS OF of Ordinance SECTIONS 62-302 AND 62-303 OF THE AZUSA MUNICIPAL CODE Moved by Mayor Pro -tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to waive further reading and introduce the proposed ordinance. 06/18/2012 PAGE FOUR The CONSENT CALENDAR consisting of Items D-1 through D-18, were approved by motion of Consent Councilmember Macias, seconded by Councilmember Gonzales, and unanimously carried, with the Calendar D-6 exception of item D-6, which was pulled from the agenda, and items D-14 and D-17, which were Pulled, D-14 considered under the Special Call portion of the Agenda &17 Spec Call I. The minutes of the regular meeting of June 4, 2012, were approved as written. Min appvd 2. HUMAN RESOURCES ACTION ITEMS. Merit Increase and/or regular appointments: S. Martinez, D. Eldrige, S. Willison, M. Gomez -Vargas HR Action Flexible Staffing Promotion: G. Espinoza Items Promotion: S. Sutcliffe Separation; R. Brockling ' 3. City Clerk was directed to conduct the review of the 2012 mandatory review of Conflict of Interest Conflict of Codes, and to submit required Biennial Report. Interest Review 4. A four year Elderly Nutrition Catering Contract for onsite cooking of the Senior Meals at the Azusa Senior Meals Senior Center in the amount of $110,150 annually, was awarded to Morrison Management Specialist, Inc., dba, Morrison Health Care Inc. 5. The following Resolution was adopted ant entitled: A RESOLUTION, OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING THE Reso. No. CHIEF OF POLICE TO ENTER INTO THE ATTACHED STANDARD AGREEMENT 12-C38, CONTRACT WITH THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL Agmnt ACCEPTING $26,254 FROM THE GRANT ASSISTANCE TO LOCAL LAW ENFORCEMENT ABC AGENCIES PROJECT. 6. Blanket Purchase Orders over $10,000 FY 2012-13 (City & successor Agency) was pulled from the Blanket P.O.s agenda pulled 7. Staff was authorized to solicit for qualifications to obtain qualified contractors to perform sewer RFP Sewer improvements related to the Capital Improvement Program for the City's sewer system, FY 2012/13. Impr. 8. The agreement with LA Works for Fiscal Year 2012/13 in an amount not to exceed $66,116, was LA Works approved and staff was given direction to execute the same. Agmnt 9. The contract in the amount of $371,623, was awarded to Midwest Roofing Company of Gardena, Mid West California for the. following Capital Improvement Projects: West Wing Roof Replacement (CIP Roofing Agmnt #66112A) and Memorial Park Gymnasium Roof Replacement (CIP 466112B), and approval was & Budt Amend given for a budget amendment in the amount of $148,785 from the Public Benefit Fund. 10. Formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer SIRS] software maintenance services and 2-523 section C, no competitive market, were waived, and the Agreement annual software maintenance and support agreement from SIRSI Corporation, in the amount of $30,011.45, was approved. IL Formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer CDW-G software maintenance services were waived, and the software maintenance support and licensing Agreement from CDW-G, in the amount of $19,350.00, was approved. 12. Formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer Matrix software maintenance services and 2-523 section C, no competitive market were waived, and the Imaging software maintenance and support contract from Matrix Imaging, in the amount of $12,929.00, was Agreement approved. 13. Formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer Motorola Inc. software maintenance services and 2-523 section C. no competitive market were waived, and the Agreement software maintenance and support agreement from Motorola Inc, in the amount of $26,440.00, was approved. 14. SPECIAL CALL ITEM Spec Call 15. The bond reduction request by Cityview Rosedale 98, LP, for Tract 64417-1 Arborview was Bond 64417-1 approved. 16. The following Resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ESTABLISHING AN Res. No. AMENDED APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 2012-13 PURSUANT TO 12-C40 ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION. 06/18/2012 PAGE SIX 17. SPECIAL CALL ITEM 18. The following resolution was adopted and entitled: Spec Call A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res, No. CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE 12-C42 TO BE PAID. Warrants SPECIAL CALL ITEMS Special Call 'Public Agency Retirement Services (PARS) Supplemental Retirement Plan (SRP) to implement an early ACEA retirement incentive program for qualifying Azusa City Employees Association (ACEA) covered Early employees. Retirement Incentive Councilmember Macias addressed the item thanking ACEA members for their sacrifice and City Manager for the negotiations. Mayor Pro -tem Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING PUBLIC Reso. No. AGENCY RETIREMENT SERVICES (PARS) SUPPLEMENTAL RETIREMENT PLAN (SRP) TO 12-09 IMPLEMENT AN EARLY RETIREMENT INCENTIVE PROGRAM FOR QUALIFYING MEMBERS OF THE AZUSA CITY EMPLOYEE ASSOCIATION. Moved by Mayor Pro -tem Carrillo, seconded by Councilmember 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 Side letter to the current Azusa Police Management Association (APMA) Memorandum of Side Letter of Understanding (MOU) deferring their scheduled August 1, 2012, salary increase and adding an additional Agreement year onto the MOU. APMA 'Mayor Pro -tem Carrillo addressed the item thanking the Police Management Association for deferring their increase in order to help with the budget deficit. Mayor Pro -tem Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE JUNE 18, Reso. No. 2012, SIDE LETTER AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN 12-C41 THE CITY AND THE AZUSA POLICE MANAGEMENT ASSOCIATION EFFECTIVE AUGUST 1, APMA 2010 THROUGH JULY 31, 2015. Side Letter of Moved by Mayor Pro -tem Carrillo, seconded by Councilmember Gonzales, to waive further reading and Agreement 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 SUCCESSOR AGENCY RELATED MATTERS Councilmember Hanks offered a resolution entitled: 'A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Scessr Agncy CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS. Moved by Director Hanks, seconded by Director Gonzales, to waive further reading and adopt. Res. 12-R24 Resolution passed and adopted by the following vote of the Council: Former Agency Warrants AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE 06/18/2012 PAGE SIX 1 1 1 The City Council recessed to Closed Session at 9:00 p.m. to discuss the following: Closed Session Gov. Code Sec. 54957.6 — CONFERENCE WITH LABOR NEGOTIATOR City Negotiators: City Manager Makshanoff Organizations: ACEA (Azusa City Employees Association), AMMA (Azusa Middle Management Association), SEIU (Service Employees International Union), APMA (Azusa Police Management Association), CAPP (Civilian Association of Police Personnel), APOA (Azusa Police Officers Association) and IBEW (International Brotherhood of Electrical Workers), The City Council reconvened at 9:40; City Attorney Martinez advised that there was no reportable action Cncl taken in Closed Session. Reconvened No Reportable Action It was consensus of council to adjourn in memory of John Dangleis and Alicia Pulido Santellan Adjourn in Memory of E. Contreras NEXT RESOLUTION NO. 2012-C43. (City) NEXT ORDINANCE NO. 2012-04. NEXT RESOLUTION NO. 2012-1125 (Former Redevelopment Agency) 06/18/2012 PAGE SEVEN