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, MAY 6, 2024
6:00 P.M.
Closed Session
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. 6:00 P.M. SPECIAL CLOSED SESSION
1. Call to Order
2. Roll Call
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 LEGAL COUNSEL - WORKERS COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.95. Case Name: Jennifer Tang v. City of Azusa; WC Claim Nos. 402126A89G0001, 4A2206D0ZM40001, and 4A210730C310001.
2. CONFERENCE WITH LEGAL COUNSEL - WORKERS COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.95. Case Name: John Lyda v. City of Azusa; WC Claim Nos. AZUA-1833, AZUA-2411, AZUA-2459, and CJP040411AZ.
3. CONFERENCE WITH LABOR NEGOTIATORS - Pursuant to California Government Code, Section 54957.6. City Negotiator: Sergio Gonzalez, City Manager, Talika M. Johnson, Director of Administrative Services and Nico De Anda-Scaia, Deputy City Manager.
Organizations: SEIU (Service Employees International Union- Local 721), ACEA (Azusa City Employees Association), AMMA (Azusa Mid-Management Association), APOA (Azusa Police Officers Association) APMA (Azusa Police Management Association), APEA (Azusa Police Executive Association), CAPP (Civilian Association of Police Personnel), and Unrepresented (Non-Department Directors).
4. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION - Pursuant to California Government Code, Section 54956.9(d)(4). 1 Potential Case - 300 Bancroft St., APN 8684-018-006
5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to California Government Code, Section 54956.8. City Negotiator: Sergio Gonzalez, City Manager Property Address: 641 Glenfinnan Ave; APN: 8612-001-905, 633 Glenfinnan Ave; APN: 8612-001-915, 629 Glenfinnan Ave; APN: 8612-001-920, 630 Glenfinnan Ave; APN: 8612-001-911, 606 Glenfinnan Ave; APN: 8612-001-921, 600 East 6th St.; APN: 8612-001-906, 610 East 6th St.; APN: 8612-001-912, 630 East 6th St.; APN: 8612-001-922, 670 East 6th St.; APN: 8612-001-919, 616 Cedarglen Dr.; APN: 8612-001-907, 628 Cedarglen Dr.; APN: 8612-001-908, 601 Cedarglen Dr.; APN: 8612-001-916, 615 Cedarglen Dr.; APN: 8612-001-917, 627 Cedarglen Dr.; APN: 8612-001-918, 630 Cedarglen Dr.; APN: 8612-001-910, 645 E. Lime Ave.; APN: 8612-001-914, 627 E. Lime Ave.; APN: 8612-001-909, 611 E. Lime Ave.; APN: 8612-001-913 Negotiating Parties: Emilio Salas, Executive Director, Los Angeles County Development Authority Under Negotiation: Price and Terms for Purchase
6. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to California Government Code, Section 54956.8. City Negotiator: Sergio Gonzalez, City Manager Property Address: 622-624 San Gabriel Ave.; APN: 8611-004-914, 8611-004-912, 8611-004-913 Negotiating Parties: Luis Niebla, Congregation
Under Negotiation: Price and Terms for Purchase
7. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to California Government Code, Section 54956.8. City Negotiator: Sergio Gonzalez, City Manager Property Address: 729 N. Azusa Ave.; APN: 8608-023-927 Negotiating Parties: Rudy Caamano, Windwater, Inc.
Under Negotiation: Price and Terms for Purchase
8. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to California Government Code, Section 54956.8. City Negotiator: Sergio Gonzalez, City Manager Property Address: 101 W. Foothill Blvd.; APN: 8608-023-026, and 8608-023-027 Negotiating Parties: Kevin Cote
Under Negotiation: Price and Terms of Lease
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 in-person 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 ? Reverend Dr. Kristina Collins, Sanctuary for Spiritual Living.
5. Closed Session Report by the City Attorney
CEREMONIAL
1)
Proclamation proclaiming May 2024 as Older Americans Month in the City of Azusa. 2)
Proclamation proclaiming the week of May 5-11, 2024 as the 55th Annual Municipal Clerks Week in the City of Azusa. 3)
Proclamation proclaiming the week of May 6-9, 2024 as Public Services Employee Recognition Week in the City of Azusa. 4)
Proclamation proclaiming the week of May 19-25, 2024 as National Public Works Week in the City of Azusa. 5)
Certificate of Recognition to the Azusa High School Baseball Team in winning First Place League Championship.
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 on Telecommunications by Doug McAllister, Vice President, External Affairs with Frontier.
D.
SCHEDULED ITEMS
1. PUBLIC HEARING - FIRST READING OF AN ORDINANCE OF THE CITY OF AZUSA CITY COUNCIL AMENDING VARIOUS ZONING CODE SECTIONS OF THE AZUSA MUNICIPAL CODE AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
RECOMMENDED ACTION:
1) Open the public hearing, receive testimony and closed public hearing;
2) Find the requested project exempt from the California Environmental Quality Act (CEQA); and
3) Waive further reading, read by title only, and introduce Ordinance No. 2024-03; AN ORDINANCE OF THE CITY OF AZUSA CITY COUNCIL AMENDING SECTIONS 88.30.020, 88.51.050, AND 88.42.190 OF THE AZUSA MUNICIPAL CODE TO REVISE 1)WALL/FENCE HEIGHT REQUIREMENTS, 2)MINOR VARIANCE APPLICABILITY, 3) UPDATES TO THE EXISTING ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs) REQUIREMENTS, AND, 4) REVISE THE TOD SPECIFIC PLAN TO ALLOW FOR MEDICAL OFFICE USES, WITH RESTRICITIONS, ON THE FIRST FLOOR IN THE DOWNTOWN AND DOWNTOWN EXPANSION DISTRICTS, AND DETERMINE THE ORDINANCE TO BE EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
Total Cost: N/A Is the Cost of this item budgeted? N/A Fund/Account No: N/A
D-1 Staff Report - Code Amendment 255
2. DISCUSSION REGARDING 2024 SUMMER MEETING SCHEDULE AND CANCELLATION OF THE MAY 20, 2024 REGULAR MEETING.
RECOMMENDED ACTION:
1) Discuss and provide direction to Staff.
Total Cost: N/A Is the Cost of this item budgeted? N/A Fund/Account No: N/A
D-2 Staff Report - 2024 Summer Meeting Scheduled and Cancellation of May 20, 2024 Regular Meeting
3. UPDATE ON THE AZUSA RESOURCE CENTER PROJECT AND OPERATIONAL COSTS.
RECOMMENDED ACTION:
1) Receive and file an update on the Azusa Resource Center (ARC);
2) Authorize staff to explore and secure potential grants in the amount of $190K for the ARC anticipated first year operations funding shortfall; and
3) In the event grant funding is not available, authorize staff to use General Funds reserves or budget savings.
Total Cost: Approximately $3 Million Is the Cost of this item budgeted? Partially budgeted Fund/Account No: ARPA account # 5400000000-6625 and PLHA account 2810110004 D-3 Staff Report - ARC update and operation costs
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 DATED APRIL 1, 2024.
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 April 1, 2024
2. RESOLUTION AUTHORIZING PAYMENTS OF WARRANTS BY THE CITY DATED APRIL 11, 2024 THROUGH MAY 1, 2024.
RECOMMENDED ACTION:
Adopt Resolution No. 2024-C24 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 4.11.24-5.1.24
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. APPROVAL OF SKID STEER PURCHASE FROM QUINN COMPANY.
RECOMMENDED ACTION:
Waive purchasing procedures as authorized under Azusa Municipal Code Section 2.539 and approve the purchase of a CAT 262D3 XPS Skid Steer Loader and attachments in the amount not to exceed $134,587.22 from QUINN Company; and Authorize the City Manager to execute a purchase agreement with QUINN Company for the purchase of the CAT 262D3 XPS Skid Steer Loader and proposed attachments.
Total Cost: $134,587.22 Is the cost of this item budgeted? Yes Fund/Account No: Sewer Fund (Acct# 3455665000-7140) and SB1-RMRA (Acct# 0555661000-7140) E-4 Staff Report - CAT Skid Steer Purchase
5. AUTHORIZE LEASE AGREEMENT FOR THREE (3) ELECTRIC VEHICLES AS PART OF THE MOBILE SOURCE REDUCTION COMMITTEE (MSRC) LOCAL GOVERNMENT MATCH PROGRAM.
RECOMMENDED ACTION:
Waive competitive bidding as authorized under Azusa Municipal Code Section 2.521(a) and approve the lease agreements with Enterprise Fleet Management for the lease of three (3)-2024 Nissan Leaf S 4dr Hatchbacks through the use of a bid with TIPS-USA; and Authorize the City Manager to execute the lease agreements with Enterprise Fleet Management.
Total Cost: $102,139.89 with $30,000 being reimbursed once the grant requirement are met. Is the cost of this item budgeted? No Fund/Account No: 27-25-523-000-7135 E-5 Staff Report - Lease of Electric Vehicles MSRC Grant
6. APPROVAL OF LEASE AGREEMENT WITH ENTERPRISE FLEET FOR COMMUNITY RESOURCES ELECTRIC CARGO VAN.
RECOMMENDED ACTION:
Waive competitive bidding as authorized under Azusa Municipal Code Section 2.521(a) and approve the lease agreement with Enterprise Fleet Management for the lease of a 2023 Ford Transit-350 Electric Cargo Van w/Medium Roof through the use of a bid with TIPS-USA; and Authorize the City Manager to execute the lease agreement with Enterprise Fleet Management.
Total Cost: $1,025.84 per month for five years include the Enterprise maintenance Is the cost of this item budgeted? Yes Fund/Account No: 27-25-523-000-7135 E-6 Staff Report - Lease of Electric Cargo Van from Enterprise
7. ACCEPT COMPLETION OF THE 2022 & 2023 RESIDENTIAL ROADWAY REHABILITATION PROJECT AND FILE A NOTICE OF COMPLETION.
RECOMMENDED ACTION:
Accept the project improvements; and Authorize Staff to file a Notice of Completion for the 2022 & 2023 Residential Roadway Rehabilitation Project.
Total Cost: $2,424,560.45 Is the cost of this item budgeted? Yes Fund/Account No: SB 1-Road Maintenance & Rehabilitation Funds (Acct. 05-80-000-661-7120/66123C-7120) SB 1-Road Maintenance & Rehabilitation Funds (Acct. 05-80-000-661-7120/66123A-7120) Citywide Sidewalk Improvements (Acct. 10-80-000-662-7120/66222B-7120) E-7 Staff Report - NOC Residential Roadway Rehabilitation
8. CONSIDERATION OF A RESOLUTION SETTING THE NUMBER OF TRANSITIONAL FIREWORKS SALES PERMITS FOR 2024.
RECOMMENDED ACTION:
Approve Resolution No. 2024-C25 setting the number of transitional fireworks sales permits available for 2024 at three (3).
Total Cost: $0 Is the cost of this item budgeted? N/A Fund/Account No: N/A
E-8 Staff Report - Transitional Fireworks Sales Permits for 2024 F.
SECOND READING ORDINANCES
1. SECOND READING OF ORDINANCE AMENDING SECTION 3-3 OF CHAPTER 3 OF THE AZUSA MUNICIPAL CODE TO INCREASE THE SETTLEMENT AUTHORITY OF THE CITY MANAGER FROM $25,000 TO $50,000 FOR RESOLVING CLAIMS AGAINST THE CITY.
RECOMMENDED ACTION:
1) Read by title only, second reading and Adopt Ordinance No. 2024-02; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, AMENDING SECTIONS 3-3 OF CHAPTER 3 OF THE AZUSA MUNICIPAL CODE TO INCREASE THE SETTLEMENT AUTHORITY OF THE CITY MANAGER FROM $25,000 TO $50,000 FOR RESOLVING CLAIMS AGAINST THE CITY.
Total Cost: N/A Is the Cost of this item budgeted? N/A Fund/Account No: N/A
F-1 Staff Report - Azusa - 2nd Reading Ordinance No. 2024-02 - City Manager Claims Authority $50k G.
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. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE SUCCESSOR AGENCY DATED MARCH 28, 2024 THROUGH MAY 1, 2024.
RECOMMENDED ACTION:
1) Adopt Resolution No. 2024-R08 allowing certain claims and demands to be paid out of Successor Agency Funds.
Total Cost: N/A Is the Cost of this item budgeted? N/A Fund/Account No: N/A
G-1 Warrant Successor 3.28.24-5.1.24
H.
ADJOURNMENT
UPCOMING MEETINGS:
May 20, 2024, 6:30 p.m. Closed Session, 7:30 p.m. Regular Meeting June 3, 2024, 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 May 2, 2024 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