AGENDA
CITY OF AZUSA
REGULAR MEETING
OF THE CITY COUNCIL,
THE SUCCESSOR AGENCY TO
THE FORMER REDEVELOPMENT AGENCY, AND
THE PUBLIC FINANCING AUTHORITY
AZUSA AUDITORIUM
213 EAST FOOTHILL BOULEVARD
AZUSA, CA 91702
MONDAY, MARCH 20, 2023
06:30 P.M.
Closed Session
7:30 P.M Regular Meeting/Ceremonial
AZUSA CITY COUNCIL
ROBERT GONZALES
MAYOR
DENNIS BECKWITH
MAYOR PRO TEM
EDWARD J. ALVAREZ
COUNCIL MEMBER
JESSE AVILA JR.
COUNCIL MEMBER
ANDREW N. MENDEZ
COUNCIL MEMBER
In compliance with Government Code Section 54957.5, copies of staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk - 213 E. Foothill Blvd.; Azusa Police Department Lobby - 725 N. Alameda Ave., and the City of Azusa Web Page www.azusaca.gov.
Notice Regarding California Environmental Quality Act (CEQA) Determinations Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered “projects” under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a “project” under CEQA.
Viewing City Council Meetings
Members of the public may view the City Council meeting live on the City’s website https://www.azusaca.gov/1389/Watch-Meetings-Online, or on Channel 3 (Spectrum). Archived video of recorded meetings is also available on the City website. Your attendance at this public meeting may result in the recording and broadcast of your image and/or voice as previously described.
Procedures for Addressing the Council
The Council encourages interested people to address this legislative body by making public comments. Public comments may be made during designated agendized public comment periods and during public hearing items. Public comments are limited to five (5) minutes per speaker, unless a different time is announced by the Mayor/presiding Chair.
The Council encourages free expression of all points of view. To allow all persons the opportunity to speak, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. State law generally prohibits the City Council from responding to or acting upon matters not listed on this agenda. Council rules prohibit clapping, booing, or shouts of approval or disagreement from the audience. Clapping, booing, shouting or other actions from the audience which, disturbs, impedes, or otherwise renders infeasible the meeting’s orderly conduct, who, after a request by the presiding officer, refuses to cease such behavior may be removed from the City Council chambers or remote participation platform.
1. Call to Order
2. Roll Call
CLOSED SESSION
NOTICE TO THE PUBLIC FOR CLOSED SESSION
Prior to going into closed session, the City Council will convene in the Auditorium serving as Council Chambers to take public comment on the closed session items only. General public comment will be provided for during the regular portion of the meeting beginning at 7:30 P.M.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS – Pursuant to California Government Code, Section 54956.8. City Negotiators: Sergio Gonzalez, City Manager Property Address: APN#8625-005-053
Negotiating Parties: Bill Hollman, Rosedale Land Partners Under Negotiation: Additional Terms for Transfer of Park Property
2. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE – Pursuant to California Government Code Section 54957.
3. CONFERENCE WITH LEGAL COUNSEL -WORKERS COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.95. Case Name: Carlos Plascencia v. City of Azusa; WC Claim No. 4020113DFBC0001. 7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL
NOTICE TO THE PUBLIC FOR REGULAR MEETING
Copies of staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection at the City Library.
Persons who wish to speak during the Public Participation portion of the Agenda, shall fill out a card requesting to speak and shall submit it to the City Clerk prior to the start of the City Council meeting. When called, each person may address any item on or off the agenda during the public participation.
In compliance with Government Code Section 54957.5, copies of staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk - 213 E. Foothill Blvd.; copies for public view are at the Azusa City Library - 729 N. Dalton Ave., Azusa Police Department Lobby - 725 N. Alameda Ave., and the City of Azusa Web Page www.azusaca.gov. Persons who wish to speak during the Public Participation portion of the Agenda or on a Public Hearing item, shall fill out a card requesting to speak and shall submit it to the City Clerk prior to 7:30 P.M.; cards submitted after this time will not be accepted.
Those wishing to participate during Public Comment may do so in-person at the Azusa Auditorium, or may submit written public comments by emailing [email protected]. Emailed public comments are due by 5:30 p.m. and shall be limited to no more than 250 words. Written public comments will be provided to the City Council and will be part of the record but will not be read aloud.
View the City Council meeting live on the City’s website https://www.ci.azusa.ca.us/1389/Watch-Meetings-Online, or on Channel 3 (Spectrum). Archived video of recorded meetings is also available on the City website.
Notice Regarding California Environmental Quality Act (CEQA) Determinations. Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered “projects” under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a “project” under CEQA.
A.
PRELIMINARY BUSINESS
1. Call to Order
2. Roll Call
3. Flag Salute
4. Invocation – Kristina Collins, Sanctuary for Spiritual Living
5. Closed Session Report by the City Attorney
CEREMONIAL
- None
B.
PUBLIC PARTICIPATION
This time has been set aside for persons in the audience to make public comments on items listed or not listed on this Agenda. Members of the audience will have the opportunity to address the City Council/Agency Board about public hearing items at the time the public hearing is held. Under the provisions of the Brown Act, the Council/Agency Board is prohibited from taking action on oral requests, but may refer the matter to staff or to a subsequent meeting. Each person or representative of a group shall be allowed to speak without interruption for up to five (5) continuous minutes, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker’s questions or comments may be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes.
C.
REPORTS, UPDATES, AND ANNOUNCEMENTS FROM STAFF/COUNCIL
1. City Manager Communications.
2. Presentation by San Gabriel Valley Council of Governments regarding the Neighborhood Coyote Program.
D.
SCHEDULED ITEMS
1. CONTINUED HEARING FROM FEBRUARY 21, 2023 CITY COUNCIL MEETING - FOLLOW UP DISCUSSION AND REQUEST FOR DIRECTION REGARDING PUBLIC NUISANCE AND COST APPEAL REQUEST OF COMMUNITY IMPROVEMENT CASE NUMBER 23-H-001-BH FOR THE PROPERTY LOCATED AT 300 WEST BANCROFT STREET, AZUSA CALIFORNIA.
RECOMMENDED ACTION:
1) Adopt Resolution No. 2023-C14, in conformance with Article XIV and more specifically Section(s) 14-417, 14-422 of the Azusa Municipal Code, and uphold the Community Improvement Division Hearing Officer's decision regarding the Notice of Confirmed Cost, and Intent to Record Tax Lien against property at 300 West Bancroft Street, Azusa, California 91702.
Total Cost: N/A Is the cost of this item budgeted? N/A
Fund/Account No: N/A
D-1 Staff Report - 300 W. Bancroft - Continued Hearing
2. PUBLIC HEARING - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING A PLAN OF FINANCE FOR THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $55,000,000 TO FINANCE AND REFINANCE A 61-UNIT MULTIFAMILY HOUSING FACILITY FOR THE BENEFIT OF A LIMITED PARTNERSHIP OR OTHER OWNERSHIP ENTITY TO BE CREATED BY BOLD COMMUNITIES, A CALIFORNIA NONPROFIT PUBLIC BENEFIT CORPORATION, CALIFORNIA LANDMARK GROUP, A CALIFORNIA CORPORATION, OR AN AFFILIATE OF EITHER, AND CERTAIN OTHER MATTERS RELATING THERETO. PROPERTY LOCATED AT 745 E. 5TH STREET, AZUSA CALIFORNIA.
RECOMMENDED ACTION:
1) Conduct the public hearing under the requirements of the Tax and Equity Fiscal Responsibility Act ("TEFRA") and the Internal Revenue Code of 1986, as amended (the "Code"). 2) Adopt Resolution No. 2023-C15 approving the issuance of the Bonds by the CMFA for the benefit of the Borrower, to provide for the financing of the Project, such adoption is solely for the purposes of satisfying the requirements of TEFRA, the Code and the California Government Code Section 6500 et seq.
Total Cost: N/A Is the cost of this item budgeted? N/A
Fund/Account No: N/A
D-2 Staff Report - Alosta Gardens TEFRA City of Azusa
E.
CONSENT CALENDAR
The
Consent Calendar
adopting the printed recommended actions will be enacted with one vote. If Councilmembers or Staff wish to address any item on the Consent Calendar
individually, it will be considered under
SPECIAL CALL ITEMS.
1. MINUTES OF THE REGULAR MEETING FEBRUARY 6, 2023.
RECOMMENDED ACTION:
Approve minutes as written.
Total Cost: N/A Is the cost of this item budgeted? N/A Fund/Account No: N/A
E-1 - Minutes Regular Meeting, February 6, 2023
2. RESOLUTION AUTHORIZING PAYMENTS OF WARRANTS BY THE CITY DATED MARCH 2, 2023 THROUGH MARCH 15, 2023.
RECOMMENDED ACTION:
Adopt Resolution No. 2023-C16 allowing certain claims and demands and specifying the funds out of which the same are to be paid.
Total Cost: N/A Is the cost of this item budgeted? N/A Fund/Account No: N/A
E-2 Warrant Register - 3.2.23 - 3.15.23
3. HUMAN RESOURCES ACTION ITEMS.
RECOMMENDED ACTION:
Approve the following Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s).
Total Cost: N/A Is the cost of this item budgeted? N/A Fund/Account No: N/A
E-3 Staff Report - Council HR Action Items
4. CITY TREASURER’S STATEMENT OF CASH AND INVESTMENT BALANCES FOR THE MONTH OF JANUARY 2023.
RECOMMENDED ACTION:
Receive, review, and file the City Treasurer’s Report for the month of January 2023.
Total Cost: N/A Is the Cost of this item budgeted? N/A Fund/Account No: N/A
E-4 Staff Report - City Treasurers Report 01-2023
5. PURCHASE ORDERS ISSUED WITH CONTRACT AGREEMENTS EXECUTED BY CITY MANAGER.
RECOMMENDED ACTION:
Receive and file the list of purchase orders.
Total Cost: $237,659.60 Is the Cost of this item budgeted? Yes Fund/Account No: Various Accounts in Fund 10, 24, and 33 E-5 Staff Report - CM Signed Contracts March 2023
6. APPROVE PROPOSAL AND AUTHORIZE THE CITY OF AZUSA TO ENTER INTO A NEW CONTRACT WITH INVERIS FOR POLICE DEPARTMENT RANGE UPGRADE.
RECOMMENDED ACTION:
Approve the proposal for Police Department range upgrade; Authorize the City to enter into a Professional Services Agreement with InVeris to complete the department range upgrade; and Authorize a budget amendment for an increase of $2,622.73 to cover the cost of the contract with InVeris in the amount not to exceed one hundred eight-four thousand one hundred ninety-four dollars and seventy-three cents. ($184,194.73) Total Cost: $184,194.73 Is the Cost of this item budgeted? Yes Fund/Account No: CIP #46 80 000 310 7125 31023A
E-6 Staff Report - 2023 Police Department Range Upgrade
7. APPROVE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF AZUSA AND ALARM PROGRAM SYSTEMS LLC FOR ALARM MANAGEMENT AND BILLING SERVICES.
RECOMMENDED ACTION:
Authorize the City Manager or his designee to execute a Professional Services Agreement with Alarm Program Systems (APS) for alarm management and billing services; and Pursuant to the Azusa Municipal Code Section 2-538 regarding the awarding of contracts, authorize the City Manager to execute a professional services agreement, in a form acceptable to the City Attorney, with Alarm Program Systems.
Total Cost: N/A Is the Cost of this item budgeted? N/A Fund/Account No: N/A
E-7 Staff Report - Alarm Management Services
8. ACCEPTANCE OF “LUNCH AT THE LIBRARY” GRANT FROM THE CALIFORNIA LIBRARY ASSOCIATION.
RECOMMENDED ACTION:
Accept the grant award from the California Library Association; and Approve necessary budget amendments and adjust the fiscal year budget accordingly.
Total Cost: N/A Is the Cost of this item budgeted? N/A Fund/Account No: N/A
E-8 Staff Report - LUNCH AT THE LIBRARY 22-23
9. REQUEST TO APPROVE PURCHASE OF NODE FOR VX-RAIL HYPERCONVERGED APPLIANCE FROM CONVERGE ONE.
RECOMMENDED ACTION:
Waive the competitive bidding process as authorized under Azusa Municipal Code section 2- 517(38) Solicitation and Bidding exceptions; Computers, Computer Components; and Approve the purchase of the node for Hyperconverged Virtual Appliance and installation services from ConvergeOne, not to exceed amount of $ 61,000.
Total Cost: $61,000 Is the Cost of this item budgeted? Yes Fund/Account No: 4649930000-7142 and 4649942000-7142
E-9 Staff Report - Purchase of Node for VX Rail
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CALIFORNIA AUTHORIZING THE CITY MANAGER TO ENTER INTO THE SETTLEMENT AGREEMENTS WITH WALGREENS CO., WALMART, INC., CVS HEALTH CORPORATION/CVS PHARMACY INC., TEVA PHARMACEUTICAL INDUSTRIALS LTD., AND ALLERGAN FINANCE LLC/ALLERGAN LIMITED, AGREE TO THE TERMS OF THE STATE-SUBDIVISION AGREEMENTS, AND AUTHORIZE ENTRY INTO THE STATE-SUBDIVISION AGREEMENTS WITH THE ATTORNEY GENERAL.
RECOMMENDED ACTION:
Adopt Resolution No. 2023-C14, authorizing the City Manager to enter into the Settlement Agreements; Opt into settlement agreement with opioid distributor, Walgreens Co., and direct the City Manager to execute any documents necessary to implement the action; Opt into settlement agreement with opioid distributor, Walmart, Inc. and direct the City Manager to execute any documents necessary to implement the action; Opt into settlement agreement with opioid distributor, CVS Health Corporation/CVS Pharmacy, Inc. and direct the City Manager to execute any documents necessary to implement the action; Opt into settlement agreement with opioid manufacturer, Teva Pharmaceutical Industries Ltd., and direct the City Manager to execute any documents necessary to implement the action; and Opt into settlement agreement with opioid manufacturer, Allergan Finance, LLC/Allergan Limited and direct the City Manager to execute any documents necessary to implement the action.
Total Cost: $0 Is the Cost of this item budgeted? N/A Fund/Account No: Grants Fund 28
E-10 Staff Report - 2022 National Opioid Settlements
E-10 Exhibit A - Walgreens Settlement Agreement-c1
E-10 Exhibit B - Walmart Settlement Agreement-c1
E-10 Exhibit C - CVS Settlement Agreement-c1
E-10 Exhibit D - Teva Settlement Agreement-c1
E-10 Exhibit E - Allergan Settlement Agreement-c1
E-10 Exhibit F - Sample CA Allocation Agreement-c1
E-10 Exhibit G - Sample Participation Agreement-c1
11. ACCEPTANCE OF BOARD OF STATE AND COMMUNITY CORRECTIONS GRANT FUNDS.
RECOMMENDED ACTION:
Approve Mayor to accept the funding from Board of State and Community Corrections for Officer Wellness and Mental Health Grant Program for $36,508.30.
Total Cost: N/A Is the Cost of this item budgeted? N/A Fund/Account No: N/A
E-11 Staff Report - BSCC Grant
F.
SECOND READING ORDINANCES
1. SECOND READING OF AN ORDINANCE OF THE CITY OF AZUSA CITY COUNCIL AMENDING SECTION 88.42.190 OF THE AZUSA MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs) AND REPEALING SECTION (88.51.034) OF THE AZUSA MUNICIPAL CODE RELATING TO DISCRETIONARY ACCESSORY DWELLING UNIT (ADU) PERMITS IN ITS ENTIRETY, AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT.
F-1 Staff Report - 2nd Reading Ordinance No. 2023-02 ADU G.
ADJOURNMENT
UPCOMING MEETINGS:
April 3, 2023, 6:30 p.m. Closed Session, 7:30 p.m. Regular Meeting April 17, 2023, 6:30 p.m. Closed Session, 7:30 p.m. Regular Meeting In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting, please contact the City Clerk at 626-812-5229. Notification three (3) working days prior to the meeting when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting.
I, Adrian Garcia, MMC, Chief Deputy City Clerk of the City of Azusa, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on March 16, 2023 seventy-two (72) hours prior to the meeting per Government Code 54954.2 at the City Clerk’s Office, 213 E. Foothill Blvd.; the lobby of the Police Department, 725 N. Alameda Ave.; the Civic Auditorium, 213 E. Foothill Blvd.; the City Library, 729 N. Dalton Ave.; and on the City’s Web Page at www.ci.azusa.ca.us
.
Adrian Garcia, MMC
Chief Deputy City Clerk
Azusa City Clerk's Office