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HomeMy WebLinkAboutMinutes - May 22, 2013 - CCCITY OF AZUSA ' MINUTES OF THE CITY COUNCIL SPECIAL MEETING WEDNESDAY, MAY 22, 2013 — 6:33 P.M. The City Council of the City of Azusa met in special session at the above date and time in the Azusa Auditorium located at 213 E. Foothill Boulevard, Azusa, CA 91702. Mayor Rocha called the meeting to order; he announced that the Council Meeting was to be conducted Call to Order pursuant to California Government Code §54953, in that one member of the City Council participated in Mayor Rocha the meeting by teleconference phone. In accordance with the Brown Act, the following teleconference Opens Meeting location was identified in the notice and agenda for this meeting. Councilmember Edward Alvarez participated in the meeting via Teleconference Call from the following Teleconference location: Location from where Council- -Z member Alvarez Fairfield Inn & Suites (Business Center); 3800 Broadway, American Canyon CA 94589 PC "L1 It,- n 't. ! Participated In compliance with the Brown Act procedures, City Clerk Cornejo asked Councilmember Alvarez the following questions: 1. Can you hear me well? Responded YES I can. 2. Do you have a copy of the agenda of this meeting? Responded YES I do. 3. Is the agenda posted at the location where you are? Responded YES it is. 4. Is your location reasonably accessible to the public? Responded YES it is. 5. Is there any member of the public there with you who would like to participate in the public comment portion of this meeting? Responded NO there is not. City Clerk Comejo advised Council that all were to be taken by roll call. Pledge to the flag was led by Mr. Jose Luis Sanchez Invocation was given by City Manager James Makshanoff. ROLL CALL PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA PRESENT VIA TELECONFERENCE: ALVAREZ ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: City Attorney Richardson, City Manager Makshanoff; Director of Public Works/Assistant City Manager Haes, Police Chief Gonzalez, City Treasurer Vasquez, Finance Director Paragas, Utilities Director Morrow, Human Resources Director Neiuber, Community Development Director Christiansen, Assistant Community Development Director McNamara, Recreation Supervisor Gonzales, Public Information Officer Quiroz, City Clerk Comejo, Assistant/Deputy City Clerk Hernandez. PUBLIC PARTICIPATION City Clerk Contacts with Councilmember Alvarez to Join the Meeting Flag Salute Invocation Roll Call Also Present Pub Part Ms. Jule Arevalo addressed Council introducing herself as the new Chairperson of the Cultural and J. Arevalo Historic Preservation Commission, thanked them for the opportunity to serve in the Commission, stated Comments that the board members have expressed interest in community projects, one being the Covina Canal in Pioneer Park, and offered to assist Council on any other community project. Ms. Anna Gonzalez, translated by Mr. Jorge Rosales, addressed Council expressing her concern for the A. Gonzalez possible closure of the Azusa Adult School, and requested Council's support to prevent its closure. Comments Mr. Jorge Rosales addressed Council regarding Consent Calendar Item D-4, Request for Proposals of the J. Rosales Dhammakaya Center, expressing his views on how the specifications were written; and item D-5, Comments. Pavement Repairs, thanking staff for this project as it is within proximity of his residence. City Manager Makshanoff addressed Council stating that Consent Calendar Item D-5 was being pulled J. Makshanoff from the agenda as it needed to be re-examined, it will be presented at a future date consideration. Mayor Comments Rocha provided his contact information to Ms. Gonzalez to further discuss the closure of the school. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Updates/Rpts 'City Manager Makshanoff addressed Council introducing Mr. Mike Radford, District Operations Manager Presentation of Vulcan Materials Company, West Region, who, in accordance with the Vulcan Development Agreement, Check by presented a check in the amount of $75,000 for the scholarship program. Vulcan for Scholarship Each Councilmember and the City Manager, thanked Mr. Radford and Vulcan Materials for their Program commitment to the City; they stated that this contribution will benefit the community and will go a long way for Azusa students, it was a long process, and now Vulcan can move Projects forward. Moved by Councilmember Gonzales, seconded by Councilmember Carrillo, and unanimously carried by $100 Sponsor roll call vote, to approve a request for $100.00 sponsorship to Ms. Veronica Verdugo, Gladstone High Ship School Student, to attend Cheer Camp. Moved by Mayor Pro -tem Macias, seconded by Councilmember Carrillo, and unanimously carried by roll Certificates for call vote to approve a request for proclamations for retiring Azusa Unified School District Personnel as Retiring School follows: Personnel Teachers: Paramount School: Rosie Medrano, Esther Reyes and Norma Varellas; Sierra High School: Karen Kardashian; Gladstone Street School: Carolee Montoya; Gladstone High School: Scott Carr, Tim Conklin, Jeff Divine, Robert Fuentes; Foothill Middle School: Madalyn Carberry, Sandra Castle, Alfred Martinez Instructional Aide: Paramount School: Maria 01ivares; Health Aide: Foothill Middle School: Linda Meave Attendance Clerk: Foothill Middle School: Nina Wilson 'Moved by Councilmember Gonzales, seconded by Mayor Rocha and unanimously carried by roll call vote Certificate for to approve a request for a certificate for a 21 year old girl surprise birthday party to be held June 7, 2013. Birthday Party Discussion of San Gabriel Vallev Council of Governments (COG)/Alameda Corridor East (ACE) Discussion and separation and formation of ACE, Joint Powers Agreement JPA). Action to Cast a NO vote at the Councilmember Carrillo addressed the item stating that as a delegate of the San Gabriel Valley Council of COG Meeting Governments (COG), he is also on the board of the Alameda Corridor East (ACE), which was created by on the Separa- COG. ACE currently has a 1.6 billion dollar project that traverses 6 cities in the San Gabriel Valley, and tion of ACE will be presenting a proposal to COG, at their May 30, 2013, meeting requesting to create its own Joint from COG and Powers Authority (JPA), with the 6 cities; this will allow them to request for regional funds. This is a the Formation concern for cities, since they would be competing for the limited transportation funds that are available. ofa.IPA by Currently Azusa is part of the funded Goldline project; other cities are working to have it extended to the ACE Ontario Airport. City Manager Makshanoff stated that this has also been discussed with the City Attorney and at the Manager Steering Committee, who voted 5-4 to reject the proposal, as there is concerns for liability; currently COG has liability for ACE's 15 year project, which will expire in 7 years. Moved by Councilmember Carrillo, seconded by Councilmember Macias, and unanimously carried by roll call vote, to allow Councilmember Carrillo to cast a NO vote at the COG meeting on May 30, 2013, regarding on the separation of ACE from COG. Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously carried by Delegate & roll call vote, to appoint Councilmember Carrillo as the voting delegate and Councilmember Alvarez as Alternate LCC the alternate, at the League of California Cities Annual Conference, to be held September 18-20, 2013, in Sacramento. It was consensus of the Council to not discuss the selection of temporary Mayor Pro -tem, in the absence of Temporary Mayor Pro -tem Macias as it was agreed at the last meeting to leave this position vacant. Should the Mayor Mayor Pro -tem be absent during the Military leave of the Mayor Pro -tem, at that time Council will decide who will Position preside over the meeting. Councilmember Macias addressed the meeting stating that a week from Friday he will be leaving on his U. Macias Military deployment; he thanked everyone for their support, and he will return on February 2014. Comments 05/22/2013 PAGE TWO 11 Concilmember Gonzales addressed the meeting wishing best of luck to Mayor Pro -tem Macias; announced R. Gonzales the AYP Barbecue next Saturday June 1, 2013, 5:00 p.m. at the Senior Center; thanked staff, Athens and continents West Coast Arborists for the recent free mulch and compost giveaway at the Recreation Center; and wished all a safe Memorial weekend asking all to remember its meaning. Councilmember Carrillo addressed the meeting giving an update on his recent attended conferences: A. Carrillo California Contract Cities Association (CCCA) annual seminar that focused on emergency preparedness, Comments he will be meeting with staff to get an update on emergency preparedness; the International Council of Shopping Center (ICSC) annual conference in Las Vegas, where they met with potential developers and retailers; he wished all a Happy Memorial Day. Councilmember Alvarez addressed the meeting wishing Mayor Pro -tem Macias to be safe during his E. Alvarez deployment and to enjoy this long weekend with his family; he wished all a happy Memorial Day. Comments Mayor Rocha addressed the meeting announcing the Memorial Day Program in front of City Hall, J. Rocha Monday, May 27, 2013, 10 a.m.; Congresswoman Grace Napolitano's Annual Veterans Day Forum, Continents Saturday June 1, 2013, 8:00 a.m., at the Azusa U.S. National Guard Armory; informed of care packages for soldiers; congratulated this year's school graduates: and asked to keep servicemen and women in daily prayers. SCHEDULED ITEMS Sched Items LAPPEAL OF EMPLOYEE RELATIONS OFFICER DECISION ON A PETITION FOR UNIT Appeal for Unit MODIFICATION. Modification of Revenue City Manager Makshanoff stated that this item is to consider an appeal of a denial by the Employee Supervisor from Relations Officer on a request made by Revenue Supervisor Andy Cawte to move his unit representation ACEA to from the Azusa Employees Association (ACEA) to the Azusa Middle Management Association (AMMA). AMMA Revenue Supervisor Cawte addressed the item requesting an amendment to his position representation form ACEA to AMMA; the title of Revenue Supervisor was adopted in June 2008, which evolved from the former Business License Officer position that was represented by AMMA until retirement in 1998; the job descriptions are very similar, but since then the duties have become more complex for the Revenue Officer; for the last three years, since the Controller separated from the City, this position reports directly to the director, by definition making it a mid -management function and position; the fiscal impact for this change is approximately $8,300 a year, which amounts to $41,000 loss to this position in the past 5 years; he further stated that this request is about the job title, and asked that Council give its earnest consideration to his request adding that he has given 24 years of service to the city. Council asked if the old Business License Officer position should have been an AMMA represented Discussion position, and staff responded by stating that lie did not have a lot of information on the former position, but when positions are created, such as the Revenue Supervisor, it is looked at how it fits within class specifications of that time and how supervisor positions are classified; the decision to deny Mr. Cawte's request is consistent with how the Personnel Board and City Council ruled in 2008 when the position was created; Civil Services Rules allows for review on questions of re-classification if there is a change in the duties and responsibilities of the position, but this case is for a change of unit representation of that position, not the duties; the denial of the request by the Employee Relations Officer was based on the findings after reviewing the employer employee relations resolution; some of the items of the resolution taken into consideration were the similar general kinds of work performed, types of qualifications, working conditions, the history of representation in the city and similar employment, consistency of the administration and the effect on making changes, number of employees in the classification, how the unit change can divide the employees; it was determined that this position is still in consistency with the ACEA. Moved by Councilmember Carrillo, seconded by Councilmember Gonzales, and unanimously carried by Appvd to Deny roll call vote to uphold the Employee Relations Officer's Decision of a denial of Petition for Unit the Appeal Modification and Recognition, and to deny the appeal made by the Revenue Supervisor Andrew Cawte. 2.APPROVAL OF AGREEMENT BETWEEN AZUSA PACIFIC UNIVERSITY (APU) AND THE URO AZUSA POLICE DEPARTMENT FOR UNIVERSITY RESOURCE OFFICER (URO) SERVICES. Agreement With APU Police Chief Gonzalez addressed the item stating that this is a one year trial agreement with Azusa Pacific University (APU) to offer them a University Resource Officer (URO), which is similar in duties to the Student Resource Officer (SRO) at Azusa High School; this is a mutual agreement reviewed by APU Management and City Staff, the genesis for the contract is for security and safety for the university, which also benefits the city in keeping public safety; the contract covers the undergraduate academic school year August 30, 2013, to May 30, 2014; he introduced Mr. Willie Hamlett, APU, Associate Vice President of Student Life/Chief Judical Officer who thanked staff and Council for moving this forward. 05/22/2013 PAGE THREE Chief Gonzalez answered questions posed by Council stating that a report will be provided on the Discussion effectiveness of the program; an existing officer will be assigned to this position and APU would be billed for 100% of the salary; the officer will monitor general law enforcement as stated on section 1 of the agreement: anytime a disciplinary issue arises with an employee at APU an officer will be there to assist; the Police Officer's duties will be to improve the safety of students and faculty, and in around the university including jaywalking; the entire Council thanked and welcomed APU to this new partnership. It was moved by Councilmember Carrillo, seconded by Councilmember Gonzales, and unanimously URO carried by roll call vote to approve the Police Department to enter into a one year agreement with APU to Agreement provide a full time police officer to serve as a URO for the 2013-2014 APU undergraduate academic Approved school year. The CONSENT CALENDAR consisting of Items D-1 through D-8 was approved by motion of Consent Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously carried by roll call Calendar vote, with the exception of item D-7 which was considered under the Special Call portion of the Agenda. D-7 Spec Call I. The minutes of the regular meeting of May 6, 2013, and of the Special Joint Council and Planning Min appvd Commission Meeting of April 29, 2013, were approved as written. 2. The following Resolution No. 13-C30, was adopted and entitled: Reso 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 following Resolution No. 13-C31, was adopted and entitled: Reso Elderlv Nutrition A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Program AUTHORIZING SIGNING OF DOCUMENTS, For Elderly Nutrition Program Contract 4ENP-1216- 02 July 2012 — June 2016. 4. Staff was authorized to circulate a Request for Proposals (RFP) to provide consultant services for RFP for EIR of preparation of a Specific Plan and Environmental Impact Report documentation for the proposed DIMC Dhammakaya International Mediation Center (DIMC) Project. 5. The request to award the Pavement Management Project to All American Asphalt was pulled from the Item pulled agenda. 6. The budget amendment in the amount of $16,098.05 for CIT #66112F, Traffic Signal Controller Budget Amend Upgrades was approved. 7. SPECIAL CALL. Spec Cal 8. The City Manager was authorized to submit the final grant application documents and execute any Ping Grant necessary contract(s) with the Los Angeles County Metropolitan Transportation Agency to receive the Prog Round 3 Metro Transit Orientated Development (TOD) Planning Grant Program Round 3. SPECIAL CALL ITEMS Spec Call CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES FOR THE MONTH Treasurer's OF MARCH 2013. Report Mayor Pro -tem Macias addressed the item thanking newly elected Treasurer Vasquez for continuing the work of the former Treasurer Marcene Hamilton, regarding the format of the report and its clarity, which is straight forward and easy to read. Moved by Mayor Pro -tem Macias, seconded by Councilmember Gonzales and unanimously carried by roll Receive & File call vote to receive, review, and file the City Treasurer's Report for the City of Azusa for the month of Treas Rprt March 2013. CLOSED SESSION Closed Session The City Council recessed to Closed Session at 7:49 p.m. to discuss the following: 05/22/2013 PAGE FOUR CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Gov. Code Sec Existing 54956.9(d)(1). Litigation E. Case Name: Estella Medina vs. City of Azusa (Case No. KC063474). Medina CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Gov. Code Sec Existing 54956.9(d)(1). Litigation R. George Richard Stanford vs. City of Azusa, Workers Compensation Appeals Board numbers Stanford ADJ2217325, ADJ970699, ADJ729734. the City Council reconvened at 8:45 p.m., City Attorney Richardson announced that there was no No Reportable eportable action taken in closed session. Action It was consensus of Councilmembers to adjourn. TIME OF ADJOURNMENT: 8:45 P.M. NEXT RESOLUTION NO. 2013-C32. NEXT ORDINANCE NO. 2013-01. NEXT RESOLUTION NO. 2013-117 (Former Redevelopment Agency) 1 05/22/2013 PAGE FIVE Adjourn