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HomeMy WebLinkAboutMinutes - February 3, 2014 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING ' TUESDAY, FEBRUARY 3, 2014 — 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 certificates to congratulate the following: Azusa Pacific University (APU) Football Team for winning the 2013 National Christian College APU Cert Athletic Association (NCAA) Victory Bowl Championship; Football Head Coach Victor Santa Cruz for Football Team being named Coach of the year and for leading the team to the championship; Football Athletic Director Gary Pine for his oversight and management of the team. APU Women's Soccer Team for winning the 2013 National Christian College Athletic Association APU Women's (NCCAA) National Championship; Women's Soccer Head Coach Jason Surrell, and Women's Soccer Soccer Team Assistant Coaches Scott Mocabee, Shannon Jenkins, Tim Kuhn and Molly Lavin, for their leadership. CLOSED SESSION The City Council recessed to closed session at 6:31 P.M. to discuss the following: Closed Session 'CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Gov. Code Sec. Existing 54956.9(d)(1). Litigation Case Name: M.R., a minor by and through his Guardian Ad Litem, Vanessa Solaro, et al. v. City of Solano Azusa, et al., [Case No.: 2:13-ev-01 5 10-DMG (VBKx)]. The City Council reconvened at 7:30 P.M., City Attorney Martinez announced that there was no Reconvened reportable action taken in closed session. Mayor Rocha called the meeting to order. Call to Order Pledge to the flag was led by Mr. and Mrs. Marc and Connie Ramirez. Flag Salute Invocation was given by Pastor Dale Winslow of Foothill Community Church Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, ALVAREZ, ROCHA ABSENT: COUNCILMEMBERS: MACIAS ALSO PRESENT Also Present Elected Officials: City Clerk Cornejo, City Treasurer Vasquez. 'Staff Members: City Manager Makshanoff, City Attorney Martinez, Public Works Director/Assistant City Manager Haes, Police Chief Gonzalez, Human Resources Director Neiuber, Acting City Engineer Bobadilla, Finance Director Paragas, Economic and Community Development Director Christiansen, Assistant Economic and Community Development Director McNamara, Senior Manager Analyst Del Toro, Recreation Supervisor Chavez, Information Officer Quiroz, Assistant/Deputy City Clerk Hernandez. PUBLIC PARTICIPATION Pub Par[ Mr. Dan Simpson addressed Council to follow up on a request he made (at a previous Council meeting) D. Simpson to conduct an official investigation on how the Colby Fire was handled, suggesting that an independent Comments entity should be hired for the investigation; he expressed his sadness for the closure of the Garcia Trail, and requested information on which agency made the decision to close it and how long will it remain closed. Ms. Stacey Kent addressed Council regarding the homes located on the East side of Pasadena Ave. by S. Kent 13th St., which have their back yards facing the common area of the Rosedale Project; for the past 5 Comments years, since Monrovia Nursery closed, this area has not been maintained; residents are concerned that the dried brush and trees pose a fire hazard; she requested information about the person responsible for maintaining this area and asked for Council's assistance in resolving this matter. Mr. Mark Ramirez addressed Council regarding rumors about the closure of the Garcia Trail; he further M. Ramirez explained that at the Citizens Congress, public input was taken on the then proposed Rosedale Comments Development; however, the Garcia Trail was never discussed; people who purchased hones located near the trail, were not aware of its existence. Mr. Dennis Willut addressed Council regarding homeless in Azusa, the Colby Fire, vehicles speeding D. Willut through Azusa Canyon, the need for more water, a Forestry Department located in Azusa, the closure of Comments the Garcia Trail, Azusa's litigation cost, bonds and landscaping improvement. Mr. Andrew Mendez, addressed Council regarding preferential parking at Rosedale close to the Garcia A. Mendez Trail entrance, similar to what City of Glendora is proposing to enact, parking has become a problem, Comments particularly by Rancho Park, and asked Council to try and find a common ground for this issue; he asked if there have been any efforts to restore the "A" on top of the mountain, and stated that he can gather a group of people who can have it restored in a day. City Manager Makshanoff answered public questions: the maintenance of the brush behind Pasadena J. Makshanoff Ave., is the responsibility of the Rosedale Home Owners Association (HOA), staff will look into the Comments matter and contact Ms. Kent; the letter "A" sits on private property; staff is prepared to present a parking ordinance to Council for the Rosedale area near the Garcia Trail, but with the turn of events, it will be re-evaluated, staff will continue working to have something in place before the trail re -opens. Update on the status of the Garcia Trail. Video presentation. Garcia Trail Report The item on the presentation of the status of the Garcia Trail was moved to this portion of the meeting. City Manager Makshanoff gave a presentation on the status of the Garcia Trail stating that it sits on different jurisdictions, approximately 2,100 ft. on City of Azusa, 3,800 ft. on City of Glendora, both are private properties, 700 ft. on the Los Angeles National Forest Land, and the head of the trail is handled by Rosedale Land Partners (RLP); it is not a public trail, it does not belong to the City, and the City does not have control of its use, it is under the control of private owners and the National Forest; the trail has been closed by the Los Angeles County Fire Department and the Department of Forestry, not by the City of Azusa staff, they are in the process of doing a report on the Garcia Trail and its status; City staff has been working with RLP regarding its closure, how it impacts the community and how to find ways for a parking solution; staff have also been meeting with the Department of Forestry, Los Angeles County Department of Public Works, U.S. Forest Service and the City of Glendora to discuss a number of issues as a result of the fire, such as erosion control, installing K -rails on Highway 39, and other erosion control measures that are going to be taking place in the near future; in reviewing the process, agencies involved have teamed lessons from previous fires, these lessons were applied to the Colby Fire; the fire burned approximately 1,900 acres located in the Cities of Azusa and Glendora, and the Angeles National Forest, approximately 1,500 acres were private property; he further gave a slide presentation depicting photos of a map showing the burnt area and the damage to the Garcia Trail; the trail is wiped out in several places; this will get worse once the rain season starts and mud slides obliterate the trail further; at the present moment, mud slides are the main concern, and there is no plan in place for vegetation; the Fire Department Division of Forestry stated that the trail should remain closed indefinitely; he concluded his presentation by stating that the current state the trail is a hazard for people to climb and further, it puts rescue personnel in danger should the need arise to rescue someone. Mayor Rocha addressed Mr. Willut's concern on the homeless stating that there is a homeless winter J. Rocha shelter program that started early December 2013, and runs to March 15, 2014, bus pickups are Comments available throughout the valley, and local churches take 2 week turns assisting homeless with basic -necessities; he has offered these alternative to homeless, but most of them choose not to go. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Request from the Foothill Federal Credit Union to waive the fees for the rental of the Civic Auditorium on February 6, 2014, to hold an Azusa City Employees Appreciation Day. City Manager Makshanoff addressed the item stating that the Foothill Credit Union is holding an Azusa City employees appreciation day event and requested that fees to use the Auditorium be waived; to waive the fees Council will need to find that there is a public purpose, and this event promotes the morale of the City Employees; after discussion regarding previous events held for which fees have been waived, it was moved by Councilmember Carrillo, seconded by Councilmember Alvarez and *carried by roll call vote to waive the fees for the use of the Auditorium by the Foothill Federal Credit Union. City of Azusa Letter Requesting Financial Assistance Under the Emergency Watershed Protection Program Due to the Colby Fire. 02/03/2014 PAGE TWO Rprts/ Updates Fed C.U. Waive Fee use of Auditorium Letter Request Emergency Assistance r City Manager Makshanoff addressed the item stating that staff will be requesting assistance from the U.S. Department of Agriculture for erosion control measures; 75% of the cost will be covered under Federal Emergency Management Agency (FEMA), Azusa will be responsible for the other 25%, because it requires some expenditure by the City; this letter requires Council's approval and lets the Department of Agriculture know that Azusa wishes to participate in the program; as previously stated, staff has been meeting with other agencies to establish how the various parts of the city will be protected from erosion in the event of heavy rain. It was moved by Councilmember Gonzales, seconded by Councilmember Alvarez and *carried by roll call vote to approve the letter to be sent to the Department of Agriculture requesting financial assistance due to the damage caused by the Colby Fire. City Manager Makshanoff addressed the meeting to inform the Council that Vulcan is moving forward with their operations at Fish Canyon; it was brought to his attention that residents have reported that 'Vulcan keeps lights on during the night to conducts mining operations; staff contacted Vulcan on these reports, and they have stated that they are not working or mining at night; their daily operations cease by 5:00 P.M. and sometimes as early as 4:00 P.M.; people remain on the property at night to monitor the automatic night watering for dust control and dust suppression, and the night light was set up for this purpose; night watering does not constitute mining operations; staff appreciates Vulcan's cooperation in removing the night lights and their efforts to minimize dust. Councilmember Alvarez addressed the meeting thanking City Manger for his presentation on the Garcia Trail, which answered many of the public's questions, and expressed his sadness for it being closed due to the extensive damage, it would take a lot of work to clean it up and he hopes that it will re -open; Council will work on solutions regarding the parking problems; questions have been raised on the handling of the fire, the Los Angeles County Fire Department learns from every fire, mistakes that have been made are analyzed and they work on improving in those areas; the area by the "A" is in bad conditions, Council may consider a permanent "A" but this topic will be discussed at a later time. Councilmember Gonzales addressed the meeting thanking staff for showing photos of the Garcia Trail, which answered many questions, the damage has been extensive and posses danger for climbers, he requested that staff post the photos on the City's web page and social media for the public, and to start working on a solution regarding the parking so that something can be in place once the trail re -opens; he thanked Police Chief Gonzales and Fire Chief Steve Martin for the Colby Fire After Action Report that they presented to Council at the Special Meeting of January 27, 2014, which explained how the fire was handled; Council is thankful that no lives or personal property were lost in Azusa; he announced the 9th Annual Casino Night, February 21, 2014, 6:30 p.m., at the Azusa Women's Club, the event is hosted by Mayor Pro -tem Macias and himself, proceeds will go towards youth sports programs in Azusa. 'Councilmember Carrillo addressed the meeting to reiterate the comments he made at the last Council meeting of the need for California to own its own super scooper; he took this issue to the San Gabriel Council of Government (SGCOG) meeting, and a resolution will be presented at the next governing board meeting, it will then be presented to Council for support and he hopes that neighboring member cities join in this effort; the recent fire was a reminder of the need to be prepared for emergencies; he appreciates the comments made at the Council meetings and on social media regarding the Garcia Trail, some social media comments were inaccurate as there has never been any mention from Council or residents who live close to the trail, that it be closed, and asked that individuals who post such comments to consider posting facts; he thanked the City Manager for his presentation, as it shows the danger the trail posses; Azusa was fortunate that there were no lives or properties lost in the fire; he announced the Home Energy Upgrade Projects (HERO), a new state wide program that was adopted, which assists with home owner renovations, Azusa has adopted this program and it is now available, it offers homeowners an opportunity to finance home energy projects through their tax roll, the program kicks off tomorrow, February 4, 2014, in Los Angeles County, for additional information visit www. heroprogram.com. Mayor Rocha announced that the meeting was to be adjourned in memory of Mr. David Granados lifelong Azusa resident and Ms. Lillian Marruffo, 1953 Azusa Golden Days Princess, longtime Azusa residents, and Ms. Alma Rosa Delgado, a City of Azusa employee; Azusa received a letter of congratulations from the Arbor Day Foundation, for being named "2013 Tree City USA" for 1 I consecutive years; last Saturday, February 1, 2014, a successful workshop on Mental Wellness was held in the Azusa Library Auditorium; announced an upcoming emergency preparedness in April by Ms. Brenda Hunemiller from Area D, further details will be announced at a future meeting; and Be a ' Walker, Saturday February 8, 2014, 8:00 A.M. at Gladstone Park. J. Makshanoff Comments E. Alvarez Comments R. Gonzales Comments A. Carrillo Comments J. Rocha Comments The CONSENT CALENDAR consisting of Items D-1 through D-10, was approved by motion of Consent Cal Councilmember Gonzales, seconded by Councilmember Alvarez, and *carried by roll call vote. 1. The minutes of the regular meeting of January 21, 2014, were approved as written. Minutes 2. The following Resolution No. 14-C6, was adopted and entitled: Reso 14-C6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Warrants CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. 02/03/2014 PAGE THREE 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: Item Merit Increase and/or Regular Appointment: R. Strege, V. Perkins, E. Coulter. Promotion: D. Bobadilla. 4. The Landscaping Improvements for the easterly remaining portion of The Promenade Median, Promenade extending from Palm Drive to the extension of Citrus Ave. including the roundabout, and the Landscape amendment of an increase in the existing Landscape and Irrigation Maintenance contract between the Impr Accept City and Val leyCrest Landscape Maintenance from $208,440.00 to $213,540.00, were approved. 5. The Faithful Performance Bond posted by KB Home Coastal, Inc. in the amount of $500,000 for KB Home landscaping improvements of a portion of the Arroyo adjacent to Tract 63336-2, Bond #K07947811 Bone 'as guaranteed by Westchester Fire Insurance Company was exonerated. 6. An increase to the Retainer Agreement for legal services with Manning & Kass, Ellrod, Manning & Ramirez, Trester LLP for the lawsuit related to an 'officer involved shooting" that occurred Kass on September 3, 2012, in an amount not to exceed $250,000 without written approval of the Agreement City Council was approved. 7. The following Resolution No. 14-C7, was adopted and entitled: Reso Authority to Conduct A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Weed Abatement PARTIALLY DELEGATING THE POWER TO CONDUCT WEED ABATEMENT TO THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY. 8. The following actions regarding the Final Tract Maps Nos. 63336-3 and 63336-4; Rosedale, Rosedale Final were taken: Tract Maps Nos. 63336-3 That this project complied with the General Plan and was consistent with the approved tentative map & 63336-4 and any amendments thereto; the dedications as offered on the maps were approved and accepted; the Agreement for Completion of Public Improvements for Tract No. 63336-3 to construct the required public improvements was approved and the Mayor was authorized to execute the same; the Faithful Performance Bond in the amount of $257,251.32 and the Labor and Materials Bond for $257,251.32 as guaranteed by Philadelphia Indemnity Insurance Company were accepted; the ' Agreement for Completion of Public Improvements for Tract No. 63336-4 to construct the required public improvements was approved and the Mayor was authorized to execute the same; the Faithful Performance Bond in the amount of $246,914.25 and the Labor and Materials Bond for $246,914.25 as guaranteed by Philadelphia Indemnity Insurance Company were accepted; pursuant to Section 66436(a)(3)(A)(i-vii) of the Subdivision Map Act, it was found that the development of the property, in the manner set forth on the subject divisions of land, did not unreasonably interfere with the free and complete exercise of the easements held by Monrovia Nursery Company and Azusa Land Partners, LLC Southern California Gas Company, Southern California Edison Company, Azusa Water Development and Irrigation Company and Rosedale Land Partners 11; the map without the signatures of said easement holders was accepted; the Final Tract Map No. 63336-3 and Final Tract Map No. 63336-4 were accepted, and the City Clerk was authorized to endorse on the face of the maps and certifications, which embodies the approval of said maps and acceptance of dedications. ADJOURNMENT: Adjourn It was the consensus of the Council to adjourn the meeting in memory of Mr. David Granados lifelong In Memory Azusa resident and Ms. Lillian Marruffo, 1953 Azusa Golden Days Princess, longtime Azusa residents and Ms. Alma Rosa Delgado, a City of Azusa employee. TIME OF ADJOURNMENT: 8:34 P.M. r ' 1C & NEXT RESOLUTION NO. 2014-C8. (City) NEXT ORDINANCE NO. 2014-01. NEXT RESOLUTION NO. 2014-R1 (Former Redevelopment Agency) * Indicates Mayor Pro -tem Macias absent. UPCOMING MEETINGS: February 18, 2014 (Tuesday), City Council Meeting — 6:30 p.m. Azusa Auditorium; February 24, 2014, Utility Board Meeting — 6:30 p.m. Azusa Light & Water Conference Room; March 3, 2014, City Council Meeting — 6:30 p.m. Azusa Auditorium. 02/03/2014 PAGE FOUR