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HomeMy WebLinkAboutMinutes - December 17, 2012 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL ' REGULAR MEETING MONDAY, DECEMBER 17, 2012 - 6:35 P.M. C 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 City Council Recess to closed session at 6:36 p.m., to discuss the following: Closed Session CONFERENCE WITH LABOR NEGOTIATOR - Gov. Code Sec. 54957.6. Conf Labor City Negotiator: City Manager James Makshanoff Negot SEIU Organizations: SEIU (Service Employees International Union) and IBEW (International Brotherhood IBEW of Electrical Workers. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Potential California Government Code, Section 54956.9(c). Litigation DOF 1 potential case: Successor Agency/City of Azusa v. State of California Department of Finance. The City Council reconvened at 7:30 p.m., City Attorney Hull announced that there was no reportable action taken in closed session. Mayor Rocha called the meeting to order. Pledge to the Flag was led by Ms. Miamor Martinez. Invocation was given by Jesse Aramburo, Canyon Christian Fellowship. ROLL CALL PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: City Attorney Hull, City Manager Makshanoff, Public Works Director/Assistant City Manager Haes, Police Chief Gonzalez, Finance Director Paragas, Human Resources Director Neiuber, Library Director Johnson, Economic and Community Development Director Christiansen, Utilities Director Morrow, Information Officer Quiroz, Assistant Director Economic and Community Development McNamara, Community Improvement Supervisor McMinn, Community Improvement Inspector Hale, Assistant Director -Electric Operations Langit, City Clerk Mendoza, Assistant City Clerk Hernandez. PUBLIC PARTICIPATION Call to Order Flag Salute Invocation Roll Call Also Present Public ]'art Ms. Mercedes Castro addressed Council regarding homeless shelters stating that there is no Azusa pick M. Castro up site; she offered information regarding access to shelters and pick up sites requesting that this Comments information be posted on the City's website. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Repts, Updates Moved by Councilmember Gonzales seconded by Mayor Pro -tem Carrillo and unanimously carried to Plaque M. prepare a tile/plaque to recognize West Covina Councilmember Michael Touhey for his years of service Touhey and who was recently elected to the Upper San Gabriel Valley Municipal Water District. City Manager Makshanoff addressed the meeting reminding all that City Hall and Library will be closed J. Makshanoff between Christmas Day and New Year's Day due to holidays and furloughs; Police Department and Comments Light and Water will be open for regular business. Mayor Pro -tem Carrillo addressed the meeting expressing his sentiments for the recent tragedy that took A. Carrillo place in Newtown Connecticut; he gave thanks for his blessings and wished all a happy and healthy Comments Holiday Season. Councilmember Gonzales addressed the meeting expressing his sentiments for the lives lost at Newtown R. Gonzales Connecticut, spoke of the less fortunate, wish all a Merry Christmas and Happy New Year, and asked Comments drivers to be aware for children who are on vacation and out on the streets. Councilmember Macias addressed the meeting expressing his sentiments for what happened in U. Macias Connecticut, and requested all to report unusual activities, reflected on what was accomplished in Azusa Comments during 2012, thanked residents for allowing him to serve, and wished all a Merry Christmas and a Happy New Year. 'Councilmember Hanks addressed the meeting expressing his sentiments for what took place in K. Hanks Connecticut and requested that council take an urgency action to agendize an item to prepare and send to Comments the City of Newtown expressions of condolescenses before their Council Meeting next Wednesday; this event occurred after posting of the agenda and funerals services are already taking place. Moved by Councilmember Hanks, seconded by Mayor Pro -tem Carrillo and unanimously carried to Agendaize agendaize an urgency item on a request to prepare a certificate to be mailed to Newtown in Sympathy for Item the lives lost. Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously Certificate carried to prepare and mail a certificate and a letter of condolences to Newtown City Hall. Newtown Mayor Rocha addressed the meeting expressing his sentiments for what took place and Sandy Hook J. Rocha Elementary School; spoke about his years of service as an educator, his grandchildren, fieldtrips taken Comments with Azusa children, and thanked staff for accomplishments and dedicated services; he wished all a Merry Christmas and a Happy New year. SCHEDULEDITEMS Sched Items Mayor Rocha stepped down from the dais to abstain from this item. City Attorney Hull explained that Rocha because Mayor Rocha lives within the 500ft. radius of the property, he would abstain from this item as it Abstains could have a financial impact. Mayor Pro -tem Carrillo conducted the item. INFORMAL HEARING/PUBLIC NUISANCE APPEAL FOR PROPERTY LOCATED AT 1530 N. Pub Nuis Apl VIEWCREST. 1530 Viewcrest Community Development Director Christiansen addressed the item stating that a code enforcement action K. Chritiansen took place in 2009, an administrative hearing was conducted regarding administrative fines, and this Introduce hearing is in opposition of approximately $10,000 in fines/leans on the property; staff is recommending Item that Council deny the appeal in accordance to Municipal Code Section 14-419, and adopt the recommended order of abatement. Community Improvement, Supervisor McMinn and Inspector Hale, addressed the item stating that this originated with a complaint filed in 2009 regarding the removal of a shoring and a retainer wall; on numerous occasions the owner was advised to cease construction but did not comply; two public nuisances were declared; 20 citations were issued in efforts to have property owner to comply; owner indicated that he chose to disregard the City's correspondence as he considered it unimportant; the owner has put up a new retainer wall, but the inspection by Building and Engineering Departments have not been conducted; due to this appeal, the case has been placed on hold. Mr. Steve Lenner, property owner, addressed the item stating that he bought his property 3 years ago when it was a foreclosed, it was in shambles and he has made improvements since; there was a part stone and part iron wall at the front property line and was leaning due to trees next to it; he tore down the wall and checked with the City for requirements and paid for permits submitting plans for a 6 ft. wall with no iron; the permit was denied, and the City requested that he put a temporary shoring and was advised to hire an engineer and soil inspector; due to his financial situations, he was not able comply with the required soil test and notified the City that he was abandoning the project and was putting the wall back to its original state; he was advised that he needed a grading permit; in regards to the leans and fines, which have caused withholding money from his taxes and problems with his mortgage company who has started foreclosure proceedings, he stated that he does not have the financial means to pay them. R. McMinn & B. Hale Address Item S. Lenner Property Owner Comments Discussion was held regarding the reason why the owner did not have City staff sign off the permits Discussion before building the wall, two issues being appealed (re -roof and the front fence/wall permits), lack of owner's effort to schedule inspections, payments to stop foreclosure, and the lack for compliance by the owner in order to avoid fines. Further discussion was held regarding Building and Engineering seeking restoration without retainer of Further this wall; a 42" wall does not require permit, but if it retains dirt, there are other requirements and permits Discussion involved, as the City becomes liable once permits are signed off, the reason for so many violations and 12/17/2012 PAGE TWO the need to file leans against the property; the County's process on recording leans and the possibility of reducing the fines; Council directed staff to find out where this case is, to work with Mr. Lenner to get this resolved and reach compliance. Moved by Councilmember Hanks, seconded by Councilmember Macias and carried, Mayor Rocha Uphold abstained, to uphold the order of abatement by the City's Hearing Officer pursuant to Section 14-419 Abatement Azusa Municipal Code, deny the motion, to uphold the nuisance abatement and to have staff work with property owner to reach compliance and work with the County to try to reduce the impact of the leans. Mayor Rocha stepped back into the dais. PUBLIC HEARING — ORDINANCE AMENDING CHAPTER 10 OF THE AZUSA MUNICIPAL Pub Hrg 'CODE REGARDING ANIMAL CONTROL AND ADOPTING BY REFERENCE THE LOS Animal Control ANGELES COUNTY CODE TITLE 10 ANIMALS WITH LOCAL AMENDMENT. Ordinance Police Chief Gonzalez addressed the Hearing stating that this ordinance is by reference of the Los S. Gonzalez Angeles Code to replace the Azusa Municipal Code regarding animals. Comments The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication published Hrg Open on November 26, and December 3, 2012 in the San Gabriel Valley Tribune. Testimony was requested from the public, but none was received. No Testimony Moved by Councilmember Hanks, seconded by Councilmember Gonzales, and unanimously carried to Close Hrg close the Public Hearing. Mayor Rocha addressed the Hearing stating that families can have a maximum of 3 dogs that need to J. Rocha have the required permits and shots but not neutered or chipped, and 5 cats with no required rabies shots, Comments license, sterilization or micro -chip; cats are to be kept inside; Chief Gonzalez explained that these are changes made to the County's ordinance to make it consistent with Azusa's previous requirements. Mayor Pro -tem Carrillo offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Ord 12-07 AMENDING CHAPTER 10 OF THE AZUSA MUNICIPAL CODE REGARDING ANIMAL Animal 'CONTROL AND ADOPTING BY REFERENCE THE LOS ANGELES COUNTY CODE, TITLE 10, Control ANIMALS WITH LOCAL AMENDMENTS Moved by Mayor Pro -tem Carrillo, seconded by Councilmember Gonzales, to waive further reading and adopt Ordinance No.12-07. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The CONSENT CALENDAR consisting of Items D-1 through D-10, was approved by motion of Consent Councilmember Macias, seconded by Councilmember Gonzales, and unanimously carried, with the Calendar exception of item D-6, which was considered under the Special Call portion of the Agenda. D-6 Sp Call 1. The minutes of the Special Meeting of May 29, and the regular meeting of November 19, 2012, were Min appvd approved as written. 2. The following resolution No. 12-C90 was adopted and entitled: Reso 12-C90 Warrants A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. ' 3. The Treasurer's Statement of cash and investment for the month of November 2012, was received, Treas Rport reviewed, and filed. 4. The new Classification of City Librarian and the reclassification of a position in accordance with the H.R. Action City of Azusa Civil Services Rules and applicable Memorandum of Understanding, and the Item reinstatement of Reed Strege as Assistant City Librarian were approved. 5. The formal sealed bid process was waived, and the issuance of a Purchase Oder to ERMCO Corp. of Purchase of Dyersburg, TN, in an amount not to exceed $81,331 for three 2,000 KVA Electric Padmount Transformers Transformers was approved. 6. SPECIAL CALL ITEM. 12/17/2012 PAGE THREE Spec Call 7 L 7. The Road Easement from Rosedale Land Partners, LLC (RLP), conveying to the City the right of Road Easement way for Manresa Drive from Macneil Drive to the westerly boundary of Tract No. 54057-16 to Rosedale provide access to Tract No. 54057-16 from Macneil Drive was accepted; and the City Clerk was Manresa Dr. authorized to submit the Road Deed to the County Recorder's Office for recordation. 8. The purchase contract of a Konica Minolta Bizhub C654 Printer/Copier/Scanner/Fax machine was Copy Machine awarded to Konica Minolta Business Solutions in the amount of $14,052.17. Purchase 9. The on-call professional services, construction inspection contract for the Goldline Foothill Extension Goldline Phase 2A was awarded to Anderson Penna in the amount of $30,000. Foothill Ext 10. The following resolution No. 12-C91 was adopted and entitled: Reso 12-C91 457(6) A RESOLUTION OF THE CITY OF AZUSA AMENDING THE 457(B) RETIREMENT PLAN Retirement FOR THE BENEFIT OF CITY OF AZUSA EMPLOYEES. Plan SPECIAL CALL ITEMS Spec Call Consent Calendar Item D-6: REDUCTION OF BONDS FOR TRACT 54057-8 (GREENBRIAR) AND TRACT 54057-14 Rosedale (HERITAGE OAKS) AT ROSEDALE. reduction of Bonds Councilmember Macias addressed the item asking if a comprehensive study was done regarding the refinancing of Mello -Roos Bonds to see if there is any savings benefit for the residents; staff responded that according to Rosedale Landpartners, it is not efficient to refinance at this time due to the homes not been fully developed and sold. Councilmember Macias indicated that a refinancing was done at Mountain Cove and directed staff to do an inquiry to see if something can be done at this time with this project and bring back an information report on the findings. Moved by Councilmember Macias, seconded by Mayor Pro -tem Hanks to reduce the performance and labor and material bonds for Tract 54057-8 known as Greenbriar from $710,964.24 to $279,729.74; and reduce the amount of the performance and labor and material bond for Tract 54057-14 known as Heritage Oaks from $802,849.80 to $421,583.64. SUCCESSOR AGENCY RELATED MATTERS Councilmember Gonzales offered a resolution entitled: Discussion Bond Reduction Rosedale Landpartners Sccssr Agncy A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Reso 12-R36 CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF THE REDEVELOPMENT AGENCY Warrant FUNDS. Moved by Councilmember Gonzales, seconded by Mayor Pro -tem Carrillo to waive further reading and adopt. Resolution No. 12-R36 passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE AZUSA PUBLIC FINANCING AUTHORITY No Business ORDINANCE/SPECIAL RESOLUTIONS No Business ADJOURNMENT TIME OF A OURNMENT: 8:42 P.M. CITY CLERK NEXT RESOLUTION NO. 2013-C1. (City) NEXT ORDINANCE NO. 2013-01. NEXT RESOLUTION NO. 2013-R1 (Former Redevelopment Agency) 12/17/2012 PAGE FOUR APFA None Ord/Resos None Adjourn