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HomeMy WebLinkAboutMinutes - January 7, 2013 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL AND ' THE SUCCESSOR AGENCY REGULAR MEETING MONDAY, JANUARY 7, 2013 - 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 Dr. Robert Duke, representing the Azusa Rotary Club presented a check to the Recreation and Family Rotary Check Services Department in the amount of $600.00 from proceeds of the Trunk or Treat and Winter Family to Recreation Fiesta raffles, to be used in their various programs. Dept Council presented certificates to the Gladstone High School Football Team, congratulating them for Certificates winning the 2012 Montview League Championship. GHS Team Council presented certificates to the 2012 SCMAF Champion Flag Football and Volleyball Teams Certificates congratulating them for their participation and winnings. SCMAF Team CLOSED SESSION City Council Recess to closed session at 7:10 p.m., to discuss the following: Closed Session ' 1. CONFERENCE WITH LABOR NEGOTIATOR - Gov. Code Sec. 54957.6. Labor Negot City Negotiator: City Manager James Makshanoff SEIU & IBEW Organizations: SEW (Service Employees International Union) and IBEW (International Brotherhood of Electrical Workers. 2.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/Azusa Utility v. State of California Department of Call to Order Finance. 3.CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Pursuant to Anticipated California Government Code, Section 54956.9(c). Litigation 1 potential case: City of Azusa v. Los Angeles County. L.A. Co. 4.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Gov. Code Sec. Existing 54956.9 (a). Litigation Gale Gale Banks Engineering vs. City of Azusa, Los Angeles Superior Court, Case No. BS 133253 and City Banks & City of Irwindale vs. City of Azusa, Los Angeles Superior Court, Case No. BS 132946. of Irwindale The City Council reconvened at 7:30 p.m., City Attorney Martinez announced that there were 4 closed session items and only items 1 and 3 were discussed; items 2 and 4 will be discussed at the end of the meeting; item I there was no reportable action taken; item 3 relating to conference with Legal Counsel of potential litigation of City of Azusa v. Los Angeles County concerning reimbursement to Azusa for 'property tax administration fee, Council voted 4-0, Council Member Macias was absent, to file a claim and law suit to recover those amounts. Mayor Rocha called the meeting to order. Pledge to the Flag was led by City Manager James Makshanoff. Invocation was given by Reverend LeRoy of First Assembly of God Church. ROLL CALL PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, ROCHA ABSENT: COUNCILMEMBERS: MACIAS Reconvened City Attorney Comments Call to Order Flag Salute Invocation Roll Call ALSO PRESENT: City Attorney Martinez, City Manager Makshanoff, Public Works Director/Assistant City Manager Haes, Police Chief Gonzalez, Finance Director Paragas, Human Resources Director Neiuber, Senior Management Analyst Del Toro, Economic and Community Development Director Christiansen, Director of Recreation and Family Services Jacobs, Utilities Director Morrow, Information Officer Quiroz, Recreation Superintendent Gonzales, City Treasurer Hamilton, City Clerk Mendoza, Assistant City Clerk Hernandez. PUBLIC PARTICIPATION 'Mr. Wayne Brown from MBI Media and representing Metro and Caltrans, addressed the meeting inviting all to the 3 Open Houses regarding the Metro SR710 study, to be held: January 23, 6-8 p.m. at Maranatha High School Student Center in Pasadena; Thursday, January 24, 6-8 p.m. at San Marino Community Church in San Marino; and January 26, 9-11 a.m., at Cal State Los Angeles Golden Eagle Building Ball Room in Los Angeles. Open houses will focus on the 5 alternatives; no build, transportation system/transportation demand management, bus rapid transit system, light rail transit system, and the freeway process; he explained all five alternatives. He answered to question posed by Councilmember Hanks regarding the tunnel design, stating that these open houses were to give basic information and, the technical/engineering information will be provided in the EIR (Environmental Impact Review) period, which will begin at the conclusion of the open houses. Also Present Public Part W. Brown CalTrans Update Mr. Edward Alvarez addressed the meeting wishing all a Happy New Year and stated that he is a E. Alvarez candidate for the March 5, Election, looks forward to campaigning, wished all candidates good luck, and Comments encouraged all to vote in order to increase participation as the voter turnout is typically low. Mr. Joe Guarrera addressed the meeting regarding the December 3, Council minutes stating that they do J. Guarrera not reflect the question he asked; he questioned why and by whose authority was it to notify Metro to Comments delete a proposed parking facility on Alameda as the City was looking for an alternative parking location. REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Repts, Updates 'Moved by Councilmember Gonzales, seconded by Mayor Pro -tem Carrillo, and *unanimously carried, to Certificates approve a request for certificates of recognition for Reema M. El-Amamy, Assistant United States Attorney's Attorney, and Andre' Birotte Jr., United States Attorney, to be presented on January 20, at the Hands Office Across Azusa event. Moved by Councilmember Gonzales, seconded by Mayor Pro -tem Carrillo, and *unanimously carried to Certificates C. approve a request for certificates for Ms. Carmen Zamora - 90th Birthday and Ms. Alice Zamora - 67th Zamora & A. Birthday to be presented on Saturday, January 12th at a surprise party at the American Legion. Zamora Moved by Councilmember Hanks, seconded Mayor Pro -tem Carrillo and *unanimously carried to Certificate B approve a request for a certificate for the members of the B Company, 1st Battalion of the California Company, 1st State Military Reserve from the Azusa Armory who will be recognized at the Walnut City Council Battalion Meeting on January 9. Mayor Rocha invited Council to attend the presentation of the certificate. Mayor Pro -tem Carrillo addressed the meeting wishing all a Happy New Year, addressed the presentation A. Carrillo of certificates during ceremonial portion of the meeting stating that it was a night of champions, and Comments reminded those who purchased LED appliances during the holidays, they can apply for a 25% rebate with the Light & Water Department, it is available to Azusa residents. Councilmember Gonzales addressed the meeting wishing all a very happy 2013, and congratulated the R. Gonzlaes Gladstone High School Football Team for winning the Montview Championship. Comments Councilmember Hanks addressed the meeting welcoming everyone back from the Christmas and New K Hanks Year Holidays, wished all a happy and prosperous new year, announced a Los Angeles County Public Comments 'Hearing to be held January 15, regarding additional property taxes for clean water, asking all to vote no on this increase; he addressed the City's General Municipal Election campaign season and encouraged all to support candidates financially or by volunteering their time and assist on their campaigns. Mayor Rocha addressed the meeting stating that it will be adjourned in memory of Mr. Cecil Zarate, Mr. J. Rocha Chris Olivas Garcia, Ms. Lupe Chagoya and Staff Sgt. Steven Jason Padilla; he announced the following Comments events: Families on the Move be a Walker at Gladstone Park, Saturday 9:30 a.m.; Azusa Cares January 19, at 10:00 a.m., for an HIV/AIDS awareness workshop; Hands Across Azusa, January 20, 1:00 p.m. in front of City Hall; blood drive at Dhammakaya International Meditation Center, February 3, 1:00- 3:00 p.m.; and asked to keep service men and women in daily prayers., 01/07/2013 PAGE TWO SCHEDULEDITEMS Sched Items PUBLIC HEARING — COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FY 2013/14, Pub Hrg ADOPTION OF RESOLUTION APPROVING THE 39TH YEAR CDBG PROGRAM. CDBG Grant Senior Management Analyst Del Toro, addressed the item requesting approval of the CDBG FY 2013/14 1. Del Toro schedule, which Council can adjust at their discretion; the commission has advised that the funding is at Address Item its lowest levels in 20 years; the cap for public service projects remains at 15%; the commission no longer allows funds for general administration, which used to be an allocation of 10%; the commission can no longer share the 20% statutory cap with participating agencies, but it allows each recipient to charge up to 20% in administrative costs on a per project basis; a resolution is required to be presented to the commission by January 31, but funds will not be final until April; the resolution 'authorizes City staff to adjust the funding as necessary taking into account the final allocation; staff will provide Council with a budget once it becomes available; applications were distributed in April 2012 to existing recipients, as well as to other parties who have shown interest in the program, and he explained the budget. Mayor Rocha stated the importance of maintaining the same level of service in the after- school and senior sight management programs. The Mayor declared the Hearing open. The City Clerk read the affidavit of proof of publication published Hrg Open on November 20, 2012 in the San Gabriel Valley Tribune. Ms. Barbara Dickerson addressed the item speaking on behalf of homework house, explaining that this B. Dickerson program, in conjunction with the school district, services K-12 students and helps them acquire their high Homework school diploma, offers education on literacy in their primary language, and helps families participate in House the program; she gave additional detailed information on the program activities, and thanked council for their continued support. Mses. Christine Chester, Angela Bowser, Kate Gordon, and Amy Braley, addressed the item speaking on Rep Santa behalf of Santa Anita Family services, giving a description of the program, statistics on some of the Anita Fain living conditions of Azusa's senior adults who live on the poverty line, how the program is assisting the Services older generation, and thanked Council for their continued support. Mr. Jorge Rosales addressed the item regarding the allowed administrative cost as stated on the schedule, J. Rosales for the Gladstone Park Backstop and Fencing Project, and Code Enforcement Programs, suggesting that Comments the money can be used for other improvements or programs to help the community, such as low income families; he expressed his concern for the low turnout of applicants from organizations requesting funding. Moved by Mayor Pro -tem Carrillo, seconded by Councilmember Gonzales and "unanimously carried to Close Hrg close the Hearing. Discussion was held regarding the decrease in applicants, applicants who have previously received Discussion funding and have the knowledge of the application process, the minimum funding requirement of $10,000, the allocated amounts, the cause of decrease in organizations applying, Azusa not reaching the 50,000 population for better funding, alternatives for additional funding that can be discussed during budget workshops, Recreation and Family Services facing challenges with nutrition and after school programs, and the need to find private funding. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE Reso 13-C1 STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND SELECTING PROJECTS Appvg FOR FUNDING FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR CDBG Funds FISCAL YEAR 2013-14. Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously carried to waive further reading and adopt Resolution No. 13-C1. Resolution passed and adopted by the following vote of the Council: 'AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS RESOLUTION APPOINTING SPECIFIC REPRESENTATIVES TO THE INDEPENDENT CITIES ICRMA RISK MANAGEMENT AUTHORITY (ICRMA) GOVERNING BOARD. Board Human Resources Director Neiuber, addressed the item stating that 2007, was last time a resolution was R. Neiuber adopted regarding the appointment of city representatives to the ICRMA, it now requires to be updated as Address names need to be included with the positions. Item 01/07/2013 PAGE THREE Councilmember Gonzales offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY REPRESENTATIVE AND AN ALTERNATE AND REPRESENTATIVE TO THE GOVERNING BOARD OF THE MANAGEMENT AUTHORITY (ICRMA), OF AZUSA APPOINTING A Reso 13-C2 SUBSTITUTE ALTERNATE Apptg INDEPENDENT CITIES RISK ICRMA Board Moved by Councilmember Gonzales, seconded by Mayor Pro -tem Carrillo and unanimously carried to waive further reading and adopt Resolution No. 13-C2. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, ROCHA tNOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS The CONSENT CALENDAR consisting of Items D-1 through D-4, was approved by motion of Consent Councilmember Gonzales, seconded by Mayor Pro -tem Carrillo and *unanimously carried. Calendar 1. The minutes of the Regular Meeting of December 17, 2012, were approved as written. Min appvd 2. The following resolution No. 13-C3 was adopted and entitled: Reso 13-C3 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. Human Resources Action Items were approved as follows: H.R. Action Promotion: C. Kalscheuer Item New Appointment: D. Ochoa Separations: DW. Eldridge, D. Manley, L. Vasquez, N. Johnson, R. Zuniga, C. Getty. 4. The contract for the replacement of the heating boiler at the Azusa Public Library was awarded to Library Air -Ex Air Conditioning, Inc. of Pomona in the amount $46,775; and a budget amendment in the Heating amount of $51,453 funded out of the Public Works Endowment Fund was approved. Boiler ISUCCESSOR AGENCY RELATED MATTERS Councilmember Hanks offered a resolution entitled: Scessr Agncy A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AUZSA ALLOWING Reso 13 -RI CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF THE REDEVELOPMENT AGENCY Warrant FUNDS. 01/07/2013 PAGE FOUR Moved by Councilmember Hanks, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution No. 13-R1 passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS AZUSA PUBLIC FINANCING AUTHORITY APFA No Business None ORDINANCE/SPECIAL RESOLUTIONS Ord/Resos No Business None ' City Council Recess to closed session at 8:34 p.m., to continue discussion on the following items: Closed Sess 2.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/Azusa Utility v. State of California Department of Call to Order Finance. 4.CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Gov. Code Sec. Existing 54956.9 (a). Litigation Gale Gale Banks Engineering vs. City of Azusa, Los Angeles Superior Court, Case No. BS 133253 and City Banks & City of Irwindale vs. City of Azusa, Los Angeles Superior Court, Case No. BS 132946. of Irwindale 01/07/2013 PAGE FOUR The City Council reconvened at 9:14 p.m., City Attorney Martinez announced that on Item No. 4, there was no reportable action taken. On item No. 2, staff was authorized to file a law suit against the Department of Finance over the rejection of certain Redevelopment Obligation Payments. ADJOURNMENT It was consensus of the Councilmembers to adjourn in memory of Mr. Cecil Zarate, Mr. Chirss Olivas Garcia, Ms. Lupe Rubio Chagolla and Staff Sgt. Steven Jason Padilla TIME OF ADJ NMENT: 9:16 P.M. CITY CLERK NEXT RESOLUTION NO. 2013-C4. (City) NEXT ORDINANCE NO. 2013-01. NEXT RESOLUTION NO. 2013-R2 (Former Redevelopment Agency) * Indicates Council Member Macias was absent. 01/07/2013 PAGE FIVE Reconvened Attorney Report on Closed Session Adjourn in Memory C. Zarate, C. Olivas Garcia, L. Chagoya and Staff Sgt. S. Jason Padilla