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HomeMy WebLinkAboutMinutes - May 6, 2013 - CCThe 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 entire Council presented a proclamation to Ms. Marina Perez of SafetyBeltSafe U.S.A. declaring Proclo Safety March 31 to April 6, 2013 as Safety Seat Checkup in Azusa. Belt Safe USA Ms. Marina Perez, SafetyBletSafe U.S.A., announced Azusa Cares Seminar on May 11, 2013, 12-2:00 M. Perez p.m., at the Azusa Library, where a few car seats will be given to the community and training will be Comments provided on the correct way to use them; on May 20, 2013, the Pomona Police Department will hold an event on recycling used car seats. The entire Council presented certificates of appreciation to Simplicity Bank and Kitchen 24 for their Cert Scrabble donation to the Azusa City Library Literacy Program, 2013 Scrabble Fund Raiser Event. Fund Raiser CLOSED SESSION Closed Session I The City Council Recessed to closed session at 6:45 p.m. to discuss the following: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Gov. Code Sec. Gale Banks 54956.9(d)(1). Litigation Gale Banks Engineering vs. City of Azusa, Los Angeles Superior Court, Case No. BS 133253 and City of Irwindale vs. City of Azusa, Los Angeles Superior Court, Case No. BS 132946. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO Estrellita Diaz CALIFORNIA GOVERNMENT CODE SECTION 54956.9(d)(1). Litigation Case Name: Estrellita Diaz, through her guardian ad litem, Catalina Valerio v. City of Azusa et. al. Case No: Los Angeles County Superior Court Case No. KC063466. The City Council reconvened at 7:43 p.m., City Attorney Martinez announced that there was no No reportable reportable action taken in closed session. Action Mayor Rocha called the meeting to order. Call to order Pledge to the flag was led by Ms. Sharon Lewis. Flag Salute Invocation was given by Pastor Rubin Mora from Church of the Nazarene. Invocation A musical tribute in celebration of Mother's Day was given by Ms. Anna Aguilar, Mrs. Aguilar and Mr. Musical Jesus Garcia. Tribute IROLL CALL PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT City Attorney Martinez, City Manager Makshanoff, Director of Public Works/Assistant City Manager Haes, Police Chief Gonzalez, Utilities Director Morrow, Human Resources Director Neiuber, Community Development Director Christiansen, Information Technology/Library Director Graf, City Librarian Strege, Library Literacy Coordinator Reta, City Engineer Hassel, Public Works Senior Management Analyst Del Toro, Information Officer Quiroz, City Clerk Cornejo, Assistant City Clerk Hernandez. Roll Call Also Present CITY OF AZUSA MINUTES OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY OF THE ' FORMER REDEVELOPMENT AGENCY REGULAR MEETING MONDAY, MAY 6, 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 The entire Council presented a proclamation to Ms. Marina Perez of SafetyBeltSafe U.S.A. declaring Proclo Safety March 31 to April 6, 2013 as Safety Seat Checkup in Azusa. Belt Safe USA Ms. Marina Perez, SafetyBletSafe U.S.A., announced Azusa Cares Seminar on May 11, 2013, 12-2:00 M. Perez p.m., at the Azusa Library, where a few car seats will be given to the community and training will be Comments provided on the correct way to use them; on May 20, 2013, the Pomona Police Department will hold an event on recycling used car seats. The entire Council presented certificates of appreciation to Simplicity Bank and Kitchen 24 for their Cert Scrabble donation to the Azusa City Library Literacy Program, 2013 Scrabble Fund Raiser Event. Fund Raiser CLOSED SESSION Closed Session I The City Council Recessed to closed session at 6:45 p.m. to discuss the following: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Gov. Code Sec. Gale Banks 54956.9(d)(1). Litigation Gale Banks Engineering vs. City of Azusa, Los Angeles Superior Court, Case No. BS 133253 and City of Irwindale vs. City of Azusa, Los Angeles Superior Court, Case No. BS 132946. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION PURSUANT TO Estrellita Diaz CALIFORNIA GOVERNMENT CODE SECTION 54956.9(d)(1). Litigation Case Name: Estrellita Diaz, through her guardian ad litem, Catalina Valerio v. City of Azusa et. al. Case No: Los Angeles County Superior Court Case No. KC063466. The City Council reconvened at 7:43 p.m., City Attorney Martinez announced that there was no No reportable reportable action taken in closed session. Action Mayor Rocha called the meeting to order. Call to order Pledge to the flag was led by Ms. Sharon Lewis. Flag Salute Invocation was given by Pastor Rubin Mora from Church of the Nazarene. Invocation A musical tribute in celebration of Mother's Day was given by Ms. Anna Aguilar, Mrs. Aguilar and Mr. Musical Jesus Garcia. Tribute IROLL CALL PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT City Attorney Martinez, City Manager Makshanoff, Director of Public Works/Assistant City Manager Haes, Police Chief Gonzalez, Utilities Director Morrow, Human Resources Director Neiuber, Community Development Director Christiansen, Information Technology/Library Director Graf, City Librarian Strege, Library Literacy Coordinator Reta, City Engineer Hassel, Public Works Senior Management Analyst Del Toro, Information Officer Quiroz, City Clerk Cornejo, Assistant City Clerk Hernandez. Roll Call Also Present PUBLIC PARTICIPATION Public Part Mr. George DuBois president of the Employees International Union Local 347 (SEIU), addressed G. DuBois Council regarding current negotiations with the City and submitted a proposal for Council's review. Comments Mr. Angel Toledo Vice President of the SEIU, addressed Council regarding current negotiations. A. Toledo Mr. Alfred Mata of the California Center for Public Health Advocacy, addressed Council requesting their A. Mata consideration to adopt nutritional standards for city vending machines. Comments Mr. James Rogers addressed Council regarding events held at Zacatecas Park, and after hours and J. Rogers 'weekends use of park by different types of teams not registered with the City. Comments Mr. Robert Donnelson addressed Council congratulating them for bringing forward consent calendar item R. Donnelson D-7, and requested to give fair discussion to schedule item C-1 to secure Mayor Pro -tem Macias' position Comments in his absence. Mr. Bruce Knoles, addressed Council honoring those who serve in public office and stated the B. Knoles importance of keeping the City going in a positive direction. Continents Ms. Jerri Vogel addressed Council regarding a proposed parking structure suggesting that fees be charged J. Vogel for parking; talked about doggie bags placed at Northside Park, expressed her admiration to service men Comments and women, and her support for healthy choices on vending machines. Mr. Jorge Rosales address addressed Council stating that he delivered 49 pages of comments on the J. Rosales Environmental Impact Report (EIR) for a proposed parking structure, to the City Clerk's Office; he Comments invited all to the 5°i annual Mayor's Prayer Breakfast at Azusa Pacific University on May 22, 2013; and wished good luck to Mayor Pro -tem Macias. Mr. Joe Guarrera addressed Council stating that there has been no street sweeper services on his street for J. Guarrera the past two weeks; congratulated Councilmember Alvarez for his Son's first communion; and addressed Comments the proposed bus route. Mr. Hector Elizalde, representing Congresswoman Grace Napolitano, addressed Council thanking the 1-1. Elizalde City for their support to the 2nd annual Veteran's Forum on Saturday, .lune 1, 2013 at the Azusa National Comments ' Guard Armory, and gave an update on the program and speakers who will attend the event. Ms. Elaine Dominguez addressed Council inviting all to the Azusa Unified School District Mariachi de E. Dominguez Azusa 7th annual benefit concert, on May 17, 2013, 6-9:00 p.m. at Gladstone High School Gymnasium. Comments Mr. Dennis Willut addressed Council regarding Azusa homeless, and requested that meals also be given D. Willut on Saturdays to the seniors. Comments Mr. Art Morales addressed Council regarding agenda scheduled item C-1 requesting Mayor Pro -tem A. Morales Macias's seat be kept vacant until his return from service, requested free swim for children, and Con mets expressed concerns of skateboards and bicycles riding at downtown sidewalks, and trees on Foothill Bl. City Manager Makshanoff stated that he will meet with SEIU representatives and update Council on the J. Makshanoff results; he will work with staff and contact Mr. Rogers regarding his concerns on Zacatecas Park; the Comments comments submitted on the proposed parking structure will be addressed as part of the EIR review process. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Repts, Updates Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried to Approved approve the following requests: Requests for Proclamations '1. A proclamation for Ms. JoAnn Chiles, who is retiring after 37 years of service as an educator at Lee and Certificates Elementary School, to be presented June 6, 2013. 2. A certificate for Danielle Marie Freeman, Troop #9041, for earning the Girl Scout Gold Award, to be mailed. 3.A proclamation for the San Gabriel Junior Golf Authority to be presented May 7. 4.A certificate for Yvette Angelina Dominguez, 4th grade student from Mountain View School, who drew the art for the poster of the Mariachi Festival on May 17, 3013. O5/06/2013 PAGE TWO The request for a proclamation for Mr. Michael Larson, Azusa High School Vice Principal who is Procto Pulled retiring, was pulled from the agenda as additional information needed to be gathered before its approval. Discussion was held regarding Mayor Pro -tem Macias, Councilmember Carrillo, City Manager Cancel May 20, Makshanoff, City Attorney Martinez and Community Development Director, being absent from the May 2013 Regular 20, 2013, regular scheduled meeting in order to attending the 2013 International Council of Shopping Scheduled Centers (ICSC) Conference in Las Vegas; it was consensus of the Council to cancel the May 20, 2013 Council regular scheduled meeting, and schedule a special meeting for Wednesday, May 22, 2013, at 6:30 p.m. Meeting Discussion was held regarding current vacancies in the Cultural and Historic Preservation and Library Commission Commissions; it was consensus of Council to wait for the 2013 regular recruitment of upcoming expiring Vacancies 'positions of the Boards and Commission and fill these two vacancies at the same time. Mayor Pro -tem Maicas addressed the meeting thanking all for their support and well wishes to him and U. Macias his family; requested verbal update on the Azusa Avenue closure; and wished all Mothers a Happy Comments Mother's Day. Councilmember Alvarez addressed the meeting reminding all of the Azusa Youth Program Barbecue on E. Alvarez June 1, 2013, at the Senior Center, and wished all Mother a Happy Mother's Day. Comments Councilmember Gonzales addressed the meeting reminding all of the free mulch and compost on R. Gonzales Saturday May 11, 2013, from 9:00-12:00 p.m. at Memorial Park North Recreation Center, and the postal Comments food drive on the same day; he wished all Mothers a Happy Mother's Day. Councilmember Carrillo thanked his wife and mother for their continued support while he is away from A. Carrillo home on City business and wished them both a Happy Mothers Day. Comments Mayor Rocha addressed the meeting announcing Families on the Move 9:30 a.m. at Memorial Park, J. Rocha Keeping Our Children Safe Event 10:00-2:00 p.m. at the Azusa Library, both on May 11, 2013; Comments Memorial Day Event, 10:00 a.m. in front of City Hall; Veteran's Forum, June 1, 2013 beginning at 8:00 a.m.; Community Coffee in Azusa, sponsored by Assemblyman Roger Hernandez, Saturday May 18, in the Azusa Library, 10:00-11:30 a.m.; and wished all Mothers a Happy Mother's Day. City Engineer Hassel addressed the meeting giving an update on the closure of streets due to the Update Street Goldline construction, stating that Azusa Ave. traffic has been detoured through Santa Fe Ave., Closure re 'construction started and will continue through July; Dalton Ave. is being delayed approximately three Go1dLIne weeks due to a conflict with storm drains on the North side of the street. Construction SCHEDULED ITEMS Sched Items MILITARY LEAVE OF CITY OFFICER MAYOR PRO -TEM MACIAS AND DIRECTION ON Military Leave OPTIONS AVAILABLE REGARDING THE VACANCY CAUSED BY THE TEMPORARY of Mayor Pro - ABSENCE. tem Macias Council expressed their support and gratitude to Mayor Pro -tem Macias for his service and wished him well and a safe return. Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and carried, to keep Mayor Pro -tem Macias seat open and vacant while he is on Military Service from May 2013, to January 2014, Mayor Pro -tem Macias abstained. MEMORANDUM OF UNDERSTANDING WITH THE CITY OF ARCADIA REGARDING THE ADMINISTRATION AND COST SHARING FOR THE DEVELOPMENT OF THE ENHANCED WATERSHED MANAGEMENT PROGRAM FOR THE RIO RONDO/SAN GABRIEL RIVER WATER QUALITY GROUP. City Engineer Hassel addressed the item stating that Azusa used to be co-permitee with the County for 'the National Pollutant Discharge Elimination System (NPDES) for storm water discharge of the Federal Clean Water Act; the State Water Quality Control Board has presented new conditions that require that cities now do their own public education and monitoring; the program has different options for compliance, cities test their our own water during events, if the water is dirty with metal and trash, cities have to quickly react in order to avoid problems and daily fines; 18 months is the allowed time to do the monitoring; in order to obtain an enhanced plan that allows 39 months instead, a notice of intent has to be filed by June 2013, which will prove that the cities will move forward and what procedures will be used; to be cost effective, the city has teamed up with 7 other nearby cities for this process, Arcadia will be the lead city; the name of the group is the Rio Hondo and San Gabriel Valley River Water Quality Control Group; a Memorandum of Understanding (MOU) has been reviewed by all cities and everyone is in agreement. He gave further explanation of the breakdown of shared cost per city and County locations at the various city areas. 05/06/2013 PAGE THREE MOU Shared Cost of the Enhanced Watershed Management Program Moved by Mayor Pro -tem Macias, seconded by Councilmember Gonzales and unanimously carried to Authorize City Manager to approve the Memorandum of Understanding (MOU) with the City of Arcadia regarding the administration and cost sharing for the development of the enhanced watershed management program for the Rio Hondo/San Gabriel River Water Quality Group, subject to any non - substantive changes made by the City Manager and City Attorney, and direct staff to prepare and submit a Notice of Intent to the Los Angeles Regional Water Quality Control Board (LARWQCB) by June 28, 2013. The CONSENT CALENDAR consisting of Items D -I through D-10, was approved by motion of Consent Cal Councilmember Alvarez seconded Councilmember Gonzales and carried, with the exception of Items No. D-7 & D-8 D-7 and D-8, which were handled under the Special Call portion of the agenda; Councilmember Spec Call Gonzales abstaining from Item D-1. 1. The minutes of the regular meeting of April 15, 2013, were approved as written. Minutes 2. The following Resolution No. 13-C27, was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Reso CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. 3. In accordance with the City of Azusa Civil Service Rules and applicable Memorandum of H.R. Action Understanding(s), the Human Resources Action Items were approved as follows: Items Merit Increase and/or Regular Appointment: S. Rodriguez, M. Sencion, C. Gutierrez. 4. The City Manager was authorized to execute the Agreement for Completion of Public Improvements for Lots 16-19 of Tract 66141 to construct the required public improvements; the Faithful Performance Bond in the amount of $512,874.62, and Labor and Materials Bond for $512,874.62 for streets, sewers, storm drains and water lines, as guaranteed by Liberty Mutual Insurance Company were accepted; and the original bonds posted by William Lyon Homes, as guaranteed by Arch Insurance Company by the amount of $512,874.62, specifically for Lots 16-19 of Tract 66141 Palmetto at Rosedale was reduced. 5. The following Resolution No. 13-C28, was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, TO ENTER INTO A MASTER AGREEMENT AND PROGRAM SUPPLEMENT WITH CALTRANS FOR SAFE ROUTES TO SCHOOL PROJECT NO. SRTSL-5112(016). Rosedale Bonds Track 66141 Palmetto Reso Agnmt CALTRANS Safe Routes to School 6. Staff was authorized to solicit proposals to obtain topographic survey and mapping services for the RFP Topograp Gladstone Elementary Safe Routes to School Project No. SRTSL-5112(016). Sury SRTSL 7. SPECIAL CALL Special Call 8. SPECIAL CALL Spec Call 9. The positions recommended by the legislation as listed in legislative update report were approved. Lgislat Update 10. The City Manager was authorized to enter into a funding agreement with the Los Angeles County Agmnt Metropolitan Transportation Authority (LACMTA) for Call for Projects Grant #F3834, subject to any LACMTA non -substantive changes made by the city manager and city attorney. SPECIAL CALL ITEMS AMENDMENT TO THE COOPERATION AND REIMBURSEMENT AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR THE INSTALLATION OF TWO NEW PEDESTRIAN BRIDGES ON ALOSTA AVENUE AT L177LE DALTON WASH. Discussion was held regarding previous conditions of the agreement, which stated that if anything happened during construction, other than stated on the agreement, the burden would be on the City; this amendment changes this contribution to a fixed amount for the City and switches the burden to the County. Moved by Councilmember Gonzales, seconded by Councilmember Alvarez and unanimously carried to authorize staff to approve an amendment to the Cooperation and Reimbursement Agreement with the County of Los Angeles for the installation of two new pedestrian bridges on Alosta Avenue at Little Dalton Wash, subject to any non -substantive changes made by the city manager and city attorney. 05/06/2013 PAGE FOUR Spec Call Cooperation Agmnt L.A. Co. Pedestrian Bridges, Little Dalton Wash RESOLUTION ADOPTING THE LOOK BACK MEASUREMENT SAFE HARBOR UNDER THE Reso Safe PATIENT PROTECTION AND AFFORDABLE CARE ACT. Harbor Discussion was held regarding evaluation of part-time employees' hours, the potential fiscal impact, employees' choices for health care and their qualification for subsidies. City Manager Makshanoff addressed the item making a correction to section 2(b) of the resolution to read: starting with October 3rd, 2013 a standard measurement period will start each year on October 3rd and end the following year on October 2nd. Councilmember Gonzales introduced the following resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE LOOK BACK MEASUREMENT SAFE HARBOR UNDER THE PATIENT PROTECTION AND AFFORDABLE CARE ACT. Moved by Councilmember Gonzales, seconded by Councilmember Alvarez, to waive further reading and adopt resolution No. 13-C29, including corrections made, by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE SUCCESSOR AGENCY RELATED BUSINESS REDEVELOPMENT READER BOARD DISPLAY SIGN STATUS CHANGE. Community Development Director Christiansen addressed the item stating that the reader board at the 210 Fwy is an asset of the former Redevelopment Agency and has been transferred to the Successor Agency; notification was received from Caltrans that the board is not in compliance with State Code; the adoption of this resolution will allow the Successor Agency to continue with the current board until the end of that project in 2018; the League of California Cities is currently working on a provision to allow these types of boards to stay up for longer periods. Mayor Pro -tem Macias introduced the following Resolution: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, SERVING AS SUCCESSOR AGENCY TO THE AZUSA REDEVELOPMENT AGENCY, GRANTING PERMISSION TO ALLOW CONTINUED OPERATION OF A PREVIOUSLY APPROVED ADVERTISING DISPLAY IN THE PROJECT AREA OF THE FORMER AZUSA REDEVELOPMENT AGENCY. Moved by Mayor Pro -tem Macias, seconded by Councilmember Carrillo, and unanimously carried to waive further reading adopt Resolution No. 13-R6, by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE Affordable Care Act Succsr Agency 210 Fwy Reader Board Display Sign ADJOURNMENT Adjourn It was consensus of Council to adjourn. TIME OF ADJOURNMENT: 9:35 P.M. NEXT RESOLUTION NO. 2013-C30. (City) NEXT ORDINANCE NO. 2013-01. NEXT RESOLUTION NO. 2013-R7 (Former Redevelopment Agency) 05/06/2013 PAGE FIVE