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Home My WebLink AboutMinutes - June 3, 2013 - CC11 CITY OF AZUSA MINUTES OF THE CITY COUNCIL AND THE SUCCESSOR AGENCY REGULAR MEETING MONDAY, .RUNE 3, 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. CLOSED SESSION The City Council Recessed to closed session at 6:31 p.m. to discuss the following: Closed Session LCONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Gov. Code Sec. Existing 54956.9(d)(1). Litigation City Gale Banks Engineering vs. City of Azusa, Los Angeles Superior Court, Case No. BS 133253 and City of Irwindale of Irwindale vs. City of Azusa, Los Angeles Superior Court, Case No. BS 132946. 2. CONFERENCE WITH LABOR NEGOTIATOR - Gov. Code Sec. 54957.6 Labor City Negotiators: City Manager Makshanoff Negotiations Organizations: ACEA (Azusa City Employees Association), AMMA (Azusa Middle Management not Discussed Association), CAPP (Civilian Association of Police Personnel) and EXCOUtiVC Management Employees. The City Council reconvened at 7:30 p.m., City Attorney Martinez announced that a report was presented No action item to Council in closed session regarding item No. 1, and no action was taken; item No. 2 was not discussed. 1, item 2 not discussed Mayor Rocha called the meeting to order. Pledge to the flag was led by City Manager James Makshanoff. Invocation was given by Pastor Daniel Simonson of Christ Bridge Immanuel Church. ROLL CALL PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA A13SENT: COUNCILMEMBERS: MACIAS ALSO PRESENT City Attorney Martinez, City Manager Makshanoff, Director of Public Works/Assistant City Manager Haes, Police Chief Gonzalez, Finance Director Paragas, Utilities Director Morrow, Human Resources Director Neiuber, City Treasurer Vasquez, Assistant Director Economic and Community Development McNamara, Information Officer Quiroz, City Clerk Cornejo, Assistant/Deputy City Clerk Hernandez. PUBLIC PARTICIPATION Call to Order Flag Salute Invocation Roll Call Also Present Public Part Mr. Hector Elizalde, representative to Congresswoman Napolitano, addressed the meeting to thank I-1. Elizaldc Council for their support in the second annual Veteran's forum held June I, and all the volunteers who Comments assisted; 157 Veterans were interviewed, and assisted with medical and psychological examinations. Karen Juarez, Azusa High School ASB President, representing the Leadership Class, presented a plaque Azusa High, to the Council for their generosity and assistance through the 2012-13 schoo! year. plaque to Cncl Mr. Curtis Holland of the H. Martin Foundation, addressed Council giving a background of the C. Holland, foundation, how they assist various Cities by funding community projects and programs, and requested Comments Council's assistance for the foundation. i The following speakers addressed Council expressing their opposition to Council's approval of Consent Opponents to Calendar Item D-6, regarding a resolution supporting the completion of the 710 Freeway: Mr. Tom 710FWY Williams, Member of the LA -32 Neighborhood Council; Mr. Richard Schneider, South Pasadena Mayor; Completion Ms. Joanne Nuckols, South Pasadena Resident and member of the Transportation Commission; Mr. Bill Urban, President of West Pasadena Residents Association. The following speakers addressed Council expressing their support to Council's approval of Consent Supporters to Calendar Item D-6, regarding a resolution supporting the completion of the 710 Freeway: Mr. Harry 710 FW Baldwin, Director of the 710 Freeway Coalition; Mr. Steven Placido, Mayor City of Alhambra. Completion Mr. Jorge Rosales addressed Council regarding Consent Calendar Item D-4, the Pavement Management J. Rosales Program, stating that he was happy to see the project moving forward, and expressed his opinion on the Comments item regarding the completion 710 Freeway. Mr. Dennis Willut addressed council regarding the railroads, truck manufacturers, section 8 housing, D. Willut Azusa landlords, homeless, street closures due to construction, and complained regarding Code Comments Enforcement. City Manager Makshanoff responded to Mr. Willuts comments regarding Code Enforcement stating that J. Makshanoff his complaints may be due to a recent inspection of his rental units, to which several corrections were Answers found to be needed. Questions REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Repts, Updates Moved by Councilmember Gonzales, seconded by Councilmember Alvarez and *carried to approve a Approved request for proclamation for Corporal Jerry Wayne Willison, for his retirement from the City of Azusa Proclo J. Police Department. Willison Moved by Concilmember Alvarez, seconded by Councilmember Gonzales and *carried to approve a Appv request for proclamations for Pouesi Maae and Elia Serum for earning their eagle scouts; and for Teacher Proclamations Linda Craig -Muse, and Counselor John Saucedo, who are retiring from the Azusa School District. Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and *carried to approve a $100 sponsor request for $100.00 sponsorship for Frankie Maldonado, to attend Azusa High School Cheer Camp. F. Maldonado Councilmember Gonzales addressed the meeting thanking staff for organizing, and all who attended, the R. Gonzales Azusa Youth Program Barbecue; and congratulated all Azusa schools graduates. Comments Councilmember Alvarez thanked all who attended the Azusa Youth Program Barbecue, and wished all E. Alvarez fathers a Happy Fathers Day. Comments Mayor Rocha addressed the meeting thanking Congresswoman Napolitano and all who attended the J. Rocha Veteran's forum and the Azusa Youth Program Barbecue on Saturday, June 1; he made the following Comments announcements: free swim, Saturday, June 8, 2013, 12:00-3:00 p.m.; Saturday and Sunday, June 8 & 9, 2013, free yard sales; Summer Reading Program begins June 10, 2013; Azusa Nigh School 40th class reunion, August 10, 2013, starts at Pioneer Park, 10:00 a.m.; he read a letter from Mr. Darell Hammond, CEO and founder of KaBOOM Organization congratulating Azusa for earning "the Most Playful City U.S.A. in 2013" and thanked the Recreation Department for helping earn this honor for two consecutive years; congratulated the High Schools graduates; whished all fathers a Happy Fathers Day on June 16, 2013; and asked to keep service men and women in daily prayers. Sched Items PUBLIC HEARING TO ADOPT A RESOLUTION APPROVING THE ISSUANCE OF BONDS BY TEFRA Bonds THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR WASTE MANAGEMENT, INC., Waste AND /OR AFFILIATES TO PROVIDE FOR THE FINANCING OF THE PROJECT WHERE SUCH Management ADOPTION IS SOLELY FOR THE PURPOSES OF SATISFYING THE REQUIREMENTS OF THE TAX AND EQUITY FISCAL RESPONSIBILITY ACT ("TEFRA"). Finance Director Paragas addressed the hearing stating that under the TEFRA and the Internal Revenue S. Parragas Code of 1986 as amended, the City is required to adopt a resolution approving the issuance of bonds by Introduce Item the California Municipal Finance Authority (CMFA) for the benefit of Waste Management and/or affiliates; such adoption is to only satisfy the requirements by TEFRA, under California Code §6500; this bond is to finance a project that includes improvements to existing solid waste land facilities as well as improvements to collections, transfer station and recycling facilities, the bonds are the sole responsibility of Waste Management, the City will not have financial, moral or legal obligation, for the project or the re -payment of the bonds. 06/03/2013 PAGE TWO The Mayor declared the hearing open. City Clerk read the affidavit of proof of publication of said hearing Hrg Opcn published in the Azusa Beacon, May 13, 2013. Mr. Brent Anderson, Waste Management Representative, introduced Messers. John Stoecker and Lec Consultants McCormick, CMFA Representatives, who answered questions posed by Council stating that the expected Commnct 25% of the issuance fee attributable to the City that will be granted by the CMFA, will depend on the amount allocation that they receive from the state; and the non-profit organizations that will receive a donated amount, will be chosen by the City Council. Mr. Jorge Rosales addressed the item regarding the time allowed to review the item after the agenda was J. Rosales posted; his interpretation of the report was that Azusa was the only city, but this bond is for 8 other Comments projects/cities who he believes will compete for allocations; he questioned how this bond will benefit 'Azusa, the percentage of the allocation to the city and the non-profit organizations, these being tax exempt bonds, and that he needs to understand it more; he stated that Azusa has had two TEFRA project for the benefit of Azusa Pacific University, a non-profit, but Waste Management is a for profit. City Manager Makshanoff responded to his statement stating that Waste Management is a business J. Makshanoff partner with Azusa that provides jobs and services to residents, and is a source of revenue to the city. Comments Councilmember Carrillo responded that the agenda is distributed to the Council at the same time it is A. Carrillo released to the general public, and every effort is made to make it available to the public in a timely Comments manner. Moved by Councilmember Carrillo seconded by Councilmember Gonzales and unanimously carried to Hrg Closed close the Public Hearing. Councilmember Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Reso Appvg APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TEFRA Bonds REVENUE BONDS (WASTE MANAGEMENT, INC.), SERIES 2013 IN AN AGGREGATE for Waste PRINCIPAL AMOUNT NOT TO EXCEED $100,000,000 FOR THE PURPOSE OF FINANCING THE Management ACQUISITION, CONSTRUCTION, INSTALLATION, REHABILITATION, IMPROVEMENT AND/OR EQUIPPING OF SOLID WASTE DISPOSAL FACILITIES AND CERTAIN OTHER MATTERS RELATING THERETO. Moved by Councilmeber Carrillo, seconded by Councilmember Gonzales and carried to waive further reading and adopt Resolution No. 13-C35, by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS The CONSENT CALENDAR consisting of Items D-1 through D-6, was approved by motion of Consent Cal Councilmember Alvarez, seconded by Councilmember Gonzales and *carried, with the exception of item D-6 Spec Call No. D-6, which was handled under the special call portion of the agenda. 1. The minutes of the special meetings of May 22 and May 28, 2013, were approved as written. 2. The following Resolution No. 13-C36, was adopted and entitled: 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. In accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s), the Human Resources Action Items were approved as follows: Merit Increase and/or Regular Appointment: T. Meyers, M. Vega, B. Gallardo, S. Martinez. Flexible Staffing Promotion: C. Davis. Promotion: R. Lomingkit. Minutes Reso Warrants H.R. Action Items 4. The Management Program, Project 466113A, was awarded to All American Asphalt; and a budget Pavement amendment in the amount of $430,000 from the Utility Mitigation Fund was approved. Management 5. The Notice of Completion for the Traffic Signal Controller Upgrades Project No. 66112F, NOC Traffic $115,898.05, Siemens Industry Inc., was approved; and staff was authorized to file the Notice of Signal Completion with the Los Angeles County Clerk. Spec Call 6. SPECIAL CALL ITEM. 06/03/2013 PAGE THREE i SPECIAL CALL ITEMS Special Call RESOLUTION SUPPORTING THE COMPLETION OF THE 710 FREEWAY. Item Discussion was held regarding how this project affects Azusa and what studies have been done, the cities Reso in support who are in support of the completion of the project, how it affects the region, air pollution, the item being of the 710 placed on the agenda on a request from the City of Alhambra asking for Azusa's support, this project FWY being supported previously by Azusa in 1989 by resolution and in 2001 by a letter from former Mayor Completion Madrid, the adoption of an additional resolution to reiterate the city's support, the importance of supporting regional transportation projects, the cost for delaying projects, the proposed tunnel for the project, and the impact that has been created since the 210 to the 15 freeways were built; Council suggested to table the item pending additional information. Councilmember Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA SUPPORTING THE COMPLETION OF THE 710 FREEWAY. Moved by Councilmember Carrillo, seconded by Councilmember Gonzales, to waive further reading and Reso Not adopt Resolution No. 13-C37; Resolution failed by the following vote, 3 affirmative votes were required Adopted, due to pass: to not Enough Affirmative AYES: COUNCILMEMBERS: GONZALES, CARRILLO Votes NOES: COUNCILMEMBERS: ALVAREZ, ROCHA ABSENT: COUNCILMEMBERS: MACIAS After further discussion, it was moved by Councilmember Alvarez, seconded by Councilmember Bring Back Gonzales and *carried to bring back this resolution, with additional information, to a further meeting for Reso consideration. SUCCESSOR AGENCY RELATED BUSINESS Councilmember Carrillo offered a Resolution entitled: A RESOLUTION OF THE SUCCESSOR AGENCY OF THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF SUCCESSOR AGENCY FUNDS. Moved by Councilmember Carrillo, seconded by Councilmember Gonzales and unanimously carried to waive further reading and adopt Resolution No. 13-R7, by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS It was consensus of the City Council to adjourn. TIME OF ADJOURNMENT: 8:58 P.M. �s MINFROF NEXT RESOLUTION NO. 2013-C38. (City) NEXT ORDINANCE NO. 2013-01. NEXT RESOLUTION NO. 2013-R8 (Successor Agency of the Former Redevelopment Agency) * Indicates Mayor Pro -tem Macias Absent. 06/03/2013 PAGE FOUR SCCR Agency Warrant Reso Adjourn