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Home My WebLink AboutResolution No. 8721RESOLUTION NO. 8721 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING A MEMORANDUM OF UNDERSTANDING WITH ROCK QUARRIES AND FINDING ITS ACTION EXEMPT FROM CEQA THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: Whereas, the City is in need of funds to mitigate the effects on existing City streets and other facilities of vehicle traffic to and from the Azusa Rock, Inc., Ca1Mat Corp., Owl Rock Products, San Gabriel Rock, Inc. and Transmix Corp. rock quarries (collectively the "rock quarries"); and Whereas, rock quarries also have requested a clarification of the scope of Azusa Municipal Code Section 5.12.110; and Whereas, to resolve such issues rock quarries have agreed to assist the City in financing needed repairs and improvements and City has confirmed its interpretation of Section 5.12.110; and Whereas, the resolution of such issues is set out in the Memorandum of Understanding between the cities and rock quarries, a copy of which is attached and incorporated as Exhibit "A". Whereas, this action establishes a fee for rock quarries for the purpose of purchasing equipment, meeting financial requirements and obtaining funds necessary to maintain existing streets and other services and facilities within existing areas, and shall not be used for expansion of streets or other facilities. SECTION 1. The Memorandum of Understanding attached as Exhibit "A" hereby is approved by the City Council. SECTION 2. This action, including approval of the Memorandum of Understanding, shall be exempt from CEQA under Public Resources Code Sections 21083 and 21057 and Section 15273 of the Guidelines. SECTION 3. The City Clerk shall certify the adoption of this Resolution. October PASSED, APPROVED AND ADOPTED this 2nd 1989 . , MAYOR ATTEST: i, %CITY CLERK day of ` • & I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof, held on the 2nd day of ortnhPr 1939 , by the following vote of the Council: AYES: COUNCILMEMBERS AVILA, STEMRICH, LATTA, MOSES NOES: COUNCILMEMBERS 14017E ABSENT: COUNCILMEMBERS NARANJO / i i CITY CLERK -2- elh/RES7257 ® 0 -=r DRAFT MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made this �'�R day of rp�, 1989 by and between the City of Azusa, a municipalPcorporation (the "City") and Azusa Rock, Inc., a California corporation; Calmat Corporation, a Delaware corporation, Owl Rock Products, a California general partnership, San Gabriel Rock, Inc., a California corporation, and Transmix Corporation, a California corporation, dba Transit Mixed Concrete (col'lect'ively the "rock quarries"). RECITALS 1 A concern has arisen between City and the rock quarries regarding the interpretation of section 5.12.110 of the Azusa Municipal Code, providing for a tax on rock quarrying or processing operations; and 2. Rcck quarries and City agree Uiat additiunal funds should be available to the City to improve existing City streets and other facilities, including those areas around rock quarries ; and 3. Therefore, the parties have resolved their concerns by providing for such increased revenues to the city to provide in pert for such improvements, while examining the interpretation. of Section 5.12.110. Now, therefore, the parties agree as follows: i. Additional Fees: In consideration of the provisions of this 10U and the city's demonstrated need therefor, the above -listed rock quarries shall pay to the city an extraction fee of four cents ($.04) per ton, co-.menc'_ng January 1, 1990, which fee shall be in addition to the extract'_en tax set out in Section. 5.12.110, and which fee shall be levied, collected and paid in the same manner as such extraction tax; provided, however, that the amount of such fee shall be reduced each year on the anniversary date of this NOU by the amount of the increase in the tax set out in Azusa Municipal Code Section 5.12.110 as modified by Code Section 3.44.010 until the a^,ount of the fee reaches zero (0). The following table is provided by way of example End not of limitation: ELH/MOU1236 -I- �� • e ADDITIONAL DATE CPI% ADJUSVI NT BASE FEE FEE TOTAL TAX 1989 N/A N/A 9.2 N/A 9.2 1990 4.6% .4232 9.6232 4.0 13.6232 1991 4.6% .4427 10.0659 3.5573 13.6232 i992 4.6% .4630 10.5289 3.0543 13.6232 1993 4.6% .4843 11.0132 2.6100 13.6232 1994 4.6% 5066 11.5198 2.1034 13.6232 1995 4.6% 5299 12.0497 1.5735 13.6232 1996 4.6% .5543 12.6040 1.0192 13.6232 1007 4.66 .5798 '_3.':238 1998 4.63 .6065 13.7903 ---- 13.7903 1999 4.6% .6344 14.4247 - - - - 14.4247 Rock quarries agree that the ancunt of the fee does not exceed the amount necessary to improve existing city streets and other facilities including those areas around rock quarries. 2. Internretation of Collection of Extraction Tax: CoQe Section 5,12. lU snail be interpreted so that the tax set out is collected only on the rock, sand, gravel or similar material extracted by one of the parties to this Aq_reement when the sane materials thereafter are processed by another party to the Agreement. Parties hereby waive any and all causes of action or claims which they have .now or may have in the future based on interpretation of the provisions of section 5.12.110 to recuire payment of the tax set out in Section 5.12.110 on both the extraction and processing of rock, sand, gravel or similar material when both extraction and processing is performed by parties to this Agreement; provi,ded, however, that City does not waive any other claims or causes of action it may have against rock quarries, including but not limited to claims or causes of action under Section 5.12.110. -2- ELA/MOU1236 3. Compliance with Laws: In complying with this MOU, City and rock quarries snail comply with ali aoolicable state and federal laws, _ncludina the Surface Mining and Reclamation Act. 4. Provision of Doc, -rents: Upon request by rock quarries, City shall maxe avazlable to rock quarries copies o° the annual proposed City budget and capital i-provement plan in such a manner and at such time as to allow rock C"uarries to review the dCcu-nent and prepare any Co,-x.ents for the annual budget meetina. 5. This MOU is rade and entered into in the State of California and shall be interpreted, applied and enforced under and _pursuant to the laws of the State of Cali`orn_a. 6. This MOU constitutes the entire agreemenr of the parties with respect to the-,atzers set forth herein, and no other agreement, statement, or promise made by any party, or made to any employee, officer or agent of any party shall be valid or binding. ?. Should interpretation of this MOU, or any portion thereof, be necessary it is deemed that this Agreement was prepared by each of the parties hereto jointl} and equally and snali not be interpreted against any party on the grou":d that the party draf.ed the Agreement or caused it to be prepared. B. Term: The parties agree that the term of this Agreement shall be from October 1, 1989 through the date on which the Pee set out in paragraph 1 becomes u. 9. This MOU shall be binding on the successors, heirs and assigns of the parties. 10. In the event that either party is recuired to bring an action to enforce or interpret the provisions of this t:ou, the prevailing party in that action shall be entitled to reasonable attorney's fees and costs, as determined by the court. -3- ELH/MOU1236 11. This MOU may be amended in a writing signed by the parties to be bound. No waiver of any tern or Condition of this u0U by any party shall be considered a continuing waiver of such term' or condition. City Clerk I/ CITY 0_ AZUSA Sy�G'" it1Y � oe AZUSA AC R, INC. y CALM? T CCR?ORATION ny OWL ROCK ?ROnuCTS WM -4- ELA/MOU1236 0 11. This MOU may be amended in a writing signed by the parties to be bound. No waiver of any term or condition of this MOU by any party shall be considered a continuing waiver of such term or condition. ATTEST: City Clerk v CITY OF AZUSA AZUSA ROCK, INC. LI -74 CALMAT CORPORATION aTA OWL ROCK PRODUCTS By (� � (zc- -4- ELH/MOU1236 11. This MOU may be amended in a writing signed by the parties to be bcund. No waiver of any term or condition of this MOU by any party s`:a'_'_ be considered a continuing waiver of such term or condition. ATTEST: i L City C1er:n CITY 0? AZUSA 3y i•lA v 0 AZUSA RCCK, INC. 3y cAL:= cC-z�==ter 3Y✓iL L�- C2�� OWL =CCY ==ODUCTS 3y _4_ ELH/MOU1236 0 11. This MCU may be signed by the parties to be bound. condition of this MOU by any party continuing waiver of such term or ATTEST / C i c v Clerk - / a:r..ended in a writing No waiver of any term or sh:a 11 be considered a condition. CITY Or AZUSA By MA' -"OR AZUSA RCC3, INC. CAL,LAT CORPORATION By OPLL ROC{ PRODUCT'S 3y -4- ELH/MOU1236 SAN G3BRIZL ROCK, ?NC. TRANSI� T COR?OR TiOU By -5- ELH/N.OU1236 ELH/MOU1236 LJ SAN GA3R_EL ROCK, INC. 3y TRAVSMI% CORPORATION -5- Ric -arc S. Cnac!berlaia