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HomeMy WebLinkAboutMinutes - November 19, 2012 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL ' REGULAR MEETING MONDAY, NOVEMBER 19, 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. CEREMONIAL Ceremonial The City Council administered the Promotional Oath of Office to Captain Frank Chavez, Sergeant Randy P.D. Personnel Schmidt, Officer Jason Poulos, Officer Erin Coulter, Officer Cherie Eads, Officer Samantha Sutcliffe, Promotional and Officer Fernando Vasconcelos. Oath of Office CLOSED SESSION The City Council Recess to closed session at 6:56 p.m. to discuss the following: Closed Session 1.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Gov. Code Sec. Litigation 54956.9(a). Case Name: Estella Medina v. City of Azusa (Case No. KC063474) Medina 2.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Gov. Code Sec. Litigation 54956.9(a). Case Names: Pierson v. City of Azusa (Case No. BC456612; Pierson v. City of Azusa Pierson (Case No. 121<01368) '3. CONFERENCE WITH LABOR NEGOTIATOR - Gov. Code See. 54957.6. Labor City Negotiator: City Attorney Marco A. Martinez Negotiators Organizations: Executive Management Group (Unrepresented Employees) Exec Mngmnt 4.CONFFRENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Anticipated California Government Code, Section 54956.9(c). Litigation I potential case The City Council reconvened at 7:32 p.m., City Attorney Martinez announced that there was no reportable action taken on Item No. l; Item No. 2, by a vote of 4 to 0 , the City Council authorized settlement agreement relating to the MUP (Minor Use Permit) concerning to the conditions of approval on property located at 944 W. Foothill Blvd.; the four voting members were Councilmembers Macias and Hanks, Mayor Pro -tem Carrillo and Mayor Rocha; Councilmember Gonzales abstained due to a conflict of interest; Item No. 3 relates to an agenda item on the open session and there was no reportable action taken; Item No. 4, Council heard a presentation from staff and City Attorney concerning the initiation of possible litigation against the Department of Finance over Recognized Obligation Payment Schedule, and there was no reportable action taken. Mayor Rocha called the meeting to order. Pledge to the Flag was led by Charles Alvarez. Invocation was given by Councilmember Keith Hanks. 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, Library Director Johnson, Director of Community Development Christiansen, Director of Utilities Morrow, Interim Human Resources Director Neiuber, Information Officer Quiroz, Assistant Director to Economic and Community Development McNamara, City Clerk Mendoza, Administrative Technician Acting Assistant City Clerk Hernandez. City Attorney Report on Closed Session Call to Order Flag Salute Invocation Roll Call Also Present PUBLIC PARTICIPATION Public Part Rosedale residents, Messrs Safar Alikhan and Akop "Jack" Pogosyan, and Ms. Vanessa Alikhan, Rosedale addressed Council regarding problems arising in their neighborhood that included loud noise, debris and Residents increased traffic, which they believe is the result of Azusa Pacific University (APU) students using units Comment as dormitories; they expressed their concern regarding the use of single family use as an institutional use by APU; and complained on the raising of Home Owners Association (HOA) fees. Mr. Jorge Rosales addressed the meeting regarding the nomination period for the City stating that due to J. Rosales Councilmember Hanks not pursuing re-election, residents have until December 12 to file nominations; he Comments announced his nomination for Mr. Eddie Alvarez, and invited all to his kick off campaign on Sunday November 25, at Freedom Memorial Park. 'Mr. Mark Dickerson, (Senior Vice President and General Counsel for APU, addressed the meeting M. Dickerson wishing all a Happy Thanksgiving; he expressed sympathy to Rosedale residents for the increase on the Comments HOA fees; regarding the problems addressed, he explained that investors have purchased units and rent to students, if there are police reports for disturbance of peace that identify specific students, APU receives them and takes disciplinary action under the student disciplinary code; if the property is owned by someone else, HOA has its own rules and APU has less control on pursuing disciplinary actions; with respect to the units that APU is purchasing, they students; graduate students are specific and will be will have appropriate supervision. re intend to be rented to faculty, staff and graduate students from abroad who will not own vehicles and Mr. Dennis Willut addressed the meeting wishing all a Happy Thanksgiving; spoke about the new smart D. Willut readers and questioned how will the Gas Company do the implementation to the underground meters Comments currently in old properties; he spoke about the state of Wisconsin purchasing properties to house students, homeless in the park, and additional funding to the library. City Manager Makshanoff addressed Rosedale residents' comments stating that staff has been in J. Makshanoff discussion with APU and counsel regarding their concerns; staff will set up a meeting with residents, Comments APU and staff to find a resolution to the problems; on the HOA fees the City has no jurisdiction to control the increase. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Repts, Updates 'City Manager Makshanoff addressed the meeting wishing Council, residents and staff a Happy Holiday. J. Makhanoff Mayor Pro -tem Carrillo addressed the meeting congratulating Hodge Elementary School celebration last A. Carrillo Saturday on receiving a 8.54 API (Academic Performance Index) score, which shows the quality Comments education of students teachers and parents involvement; he wished all a Happy Thanksgiving. Councilmember Macias addressed the meeting wishing all a Happy Thanksgiving, and requested to bring U. Macias back the tradition of introducing new employees asking staff to introduce the most recent new employee. Comments Councilmember Hanks addressed the meeting wishing all a Happy Thanksgiving; announced December K. Hanks 15, the Goldline will be having a bridge completion celebration, and looks forward to seeing the Goldline Comments signs coming to Azusa; reminded all that he will not be seeking re-election for City Council and encouraged all who want to participate, or support a candidate. Councilmember Gonzales addressed the meeting wishing all a Happy Thanksgiving; congratulated the R. Gonzales Mayor for hosting a Veteran's Day Celebration, and thanked him for allowing him to speak at the Comments diabetes workshop. Mayor Rocha addressed the meeting stating that it will be adjourn in memory of Laura B. Mancini, an J. Rocha Azusa educator, and Paul V. Kohorste; wished all a Happy Thanksgiving; thanked service men and Comments woman who serve our country; thanked staff for donations to the care packets; announced December 1 st and 2nd free yard sales; Saturday December I st, Relay for Life walk at Northside Park and Cookies with Santa at the VFW, 250 E. First Street; and the Tree Lighting Ceremony and Winter Fiesta December 2nd, ' in front of City Hall 12-6 p.m. SCHEDULED ITEMS Sched Items CIC Adoption RESOLUTION APPROVING AND ADOPTING AMENDED APPENDIX OF THE CONFLICT OF INTEREST CODE TO THE MANDATORY BIENNIAL REVIEW PURSUANT TO THE POLITICAL REFORM ACT OF 1974. Councilmember Hanks offered a Resolution entitled: 11/19/2012 PAGE TWO RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, APPROVING Reso 12-C84 AND ADOPTING AN AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE Conflict of POLITICAL REFORM ACT OF 1974. Interest Code Adoption Moved by Councilmember Hanks, seconded by Mayor Pro -tem Carrillo to waive further reading and adopt. Resolution No. 12-C84, passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE The CONSENT CALENDAR consisting of Items D-1 through D-7, was approved by motion of Mayor Consent -tem Carrillo, seconded by Councilmember Gonzales, and unanimously carried, with the exception of Calendar D-3 'Pro item D-3, which was considered under the Special Call portion of the Agenda. Spec Call 1. The minutes of the regular meeting of November 5, 2012, were approved as written. Min appvd 2. The following resolution No. 12-C85 was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Reso 12-C85 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warrants TO BE PAID. 3. SPECIAL CALL Spec Call 4. The following Ordinance was introduced and entitled: Ordinance 12-07 First AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Reading AMENDING CHAPTER 10 OF THE AZUSA MUNICIPAL CODE REGARDING ANIMAL CONTROL AND ADOPTING BY REFERENCE THE LOS ANGELES COUNTY CODE, TITLE 10, ANIMALS WITH LOCAL AMENDMENTS; and A Public Hearing was schedule for December 17, 2012, for the second reading and adoption of Set Pub Hrg for Ordinance No. 12-07, amending Chapter 10 of the Azusa City Municipal Code regarding animal second Ord control adopting by reference Los Angeles County Code Title 10, Animals, with local amendments. Reading ' 5. The City Manager was authorized to approve the Public Agency Retirement Services contract PARS Contract Amendments for the City's Azusa Middle Management Association, International Brotherhood of Amend Hard Electrical Workers, Service Employees International Union and non -safety Executive Contract Freeze Employees Defined Benefit Plans to bring them into compliance with recent state-wide pension reform laws (AB 340); and Approval was given for the implementation of a "Hard Freeze" on the non -safety Executive Implement Employees Plan ending any future accrual of benefits in order to reduce long-term pension costs and "Hard Freeze" short-term costs to the City's Executive Department Heads; and the City Attorney's office was Exec Empl directed to oversee the implementation of individual contract amendments with the non -safety Plan Executive Employees to reflect the benefit changes prior to implementing the freeze; and Approval was given to pay up to $224,000 of the non -safety Executive Contract Employees costs Pay Non-Saefty associated with the PARS retirement benefits provided to former Light & Water Utility employees so PARS Exec that the City's annual costs for maintaining vested retirement benefits are reduced. Cost 6. The Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan MOU L.A. Transportation Authority (LACMTA) for participation in the National Transit Database (NTD) MTA reporting was approved. Human Resources Action Items were approved as follows: H.R. Action Merit Increase and/or regular appointments: R. Sok, Ma. V. Vega, K. Cooke, R. Arevalo, R. Item Gonzales. SPECIAL CALL ITEMS Spec Call A Grant Agreement with the California Office of Traffic Safely (OTS) for the "Sobriety Checkpoint Sobriety Grant Program for 2012-2013" and Police Department combined Drivers License (DL) checkpoint. Checkpoint Grant Program Azusa Police Chief Gonzalez addressed the item answering Mayor Rocha's questions regarding Chief procedures on processing drivers under the influence; he stated that the first step is a brief interaction by Gonzalez the Police Officer with the driver, if there are symptoms of intoxication they are moved to the secondary Comments point where sobriety tests are administered, and if the person is found to be under the influence, they are arrested; if drivers are unlicensed they are issued a citation, the car is not impounded someone else can pick it up from the checkpoint, if it is not picked up at the conclusion of the checkpoint, it will be impounded; a citation is issued to drivers found not having auto insurance. 11/19/2012 PAGE THREE Mayor Rocha offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Reso 12-C86 APPROVING A GRANT AGREEMENT WITH THE CALIFORNIA OFFICE OF TRAFFIC SAFETY Sobriety (OTS) FOR THE "SOBRIETY CHECKPOINT GRANT PROGRAM FOR 2012-2013" PROJECT Checkpoint 4SC13026. Grant Prog Moved by Mayor Rocha, seconded by Councilmember Hanks to waive further reading and adopt. Resolution No. 12-C86; passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE 'And: Azusa Police Department was authorized to combine a Drivers License (DL) checkpoint within each of the sobriety checkpoints; the maximum allowed cost per checkpoint to be $8,500.00 SUCCESSOR AGENCY RELATED MATTERS No Business AZUSA PUBLIC FINANCING AUTHORITY No Business ORDINANCE/SPECIAL RESOLUTIONS Councilmember Gonzlaes offered an Ordinance entitled Scessr Agncy No Business APFA No Business Ord/Resos AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING Ord 12-06 AMENDMENT ZCA 234 TO CHAPTER 88 DEVELOPMENT CODE OF THE CITY OF AZUSA Amend Chapt MUNICIPAL CODE. 88 Dev Code Moved by Councilmember Gonzales, seconded by Mayor Pro -tem Carrillo and unanimously carried to twaive further reading and adopt Ordinance No. 12-06. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE Interim Human Resources Director Robert Neiuber introduced himself, giving a background of his R. Neiuber qualifications/experience in Human Resources. Introduction ADJOURNMENT Adjourn in Memory of It was consensus of Council to adjourn in memory of Laura B. Mancini, and Paul V. Kohorste. L. Mancini & P. Hohorset TIME OF ADJO MENT: 8:17 P.M. CI Y CLERK NEXT RESOLUTION NO. 2012-C87. (City) NEXT ORDINANCE NO. 2012-07. ' NEXT RESOLUTION NO. 2012-1134 (Former Redevelopment Agency) 11/19/2012 PAGE FOUR