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HomeMy WebLinkAboutAgenda Packet - December 16, 1996 CC . (c-ii. Ai? * t- s3 ' The City of Azusa 1 -Iiip:o. 's'slel December 9, 1996 AGENDA ITEM TO: Honorable Mayor & Members of the City Council FROM: Joseph F. Hsu, Director of Utilities -.).-- VIA: , VIA: Henry Garcia, City Administrator . RE: Resolution Granting a Permit to CALMAT CO. for Operation of City Well 1903119 San Gabriel Canyon Spreading Grounds BACKGROUND The City of Azusa Water Division recently acquired the old Owl Rock industrial water well located at the San Gabriel Canyon Spreading Grounds. Owl Rock developed and used said industrial water well for approximately thirty years. Upon completion of the quarry operation at the San Gabriel Canyon Spreading Grounds, Owl Rock dedicated the water well to the City of Azusa. Insomuch as the well was developed for industrial uses it may not be used for potable water purposes. The Azusa Water Division was contacted by CALMAT CO., who purchased complete interest in the Owl Rock property from Robertson's Ready Mix. CALMAT would like to continue use of the water well for industrial rock and sand operations. CALMAT will be responsible for complete operation and maintenance of the well, and their use will continue to benefit the Azusa Light &Water utility. • The permit is for a term is not to exceed 34 years; or AZUSA ROCK depletes its reserves; or CALMAT no longer has water rights in the basin. • The permit fee is for$1.00 consideration. • CALMAT CO.will transfer to the City water rights equal to the pumped water, and offer to the City all of its excess at a price of less than 90% the replacement water rate. • The well will continue to be provided electric service from the Azusa municipal utility. • All improvements and alterations are subject to City approval. • The well may only be used for CALMAT's industrial purposes. RECOMMENDATION I recommend the City Council adopt the Resolution Granting the Permit to CALMAT CO. for the purpose of continued use of City Well 1903119, and authorize the Mayor and City Clerk to execute the same. C —t ,mac- (k /a--T( o /9S� &to] wi-1-5 • RESOLUTION NO. 96-C194 CITY COUNCIL OF THE CITY OF AZUSA COUNTY OF LOS ANGELES RESOLUTION GRANTING CALMAT CO. A DELAWARE CORPORATION A PERMIT TO TAKE CITY PROPERTY WHEREAS, the City of Azusa (CITY), a municipal corporation, Water Division, owns a certain water well No. 1903119 (WELL) situated in the City of Azusa, located on a parcel of land described as shown in Exhibit "A" attached hereto; and WHEREAS, Calmat Co. (CALMAT) is the owner of a hard rock quarry at 3901 Fish Canyon Road in the City of Azusa, more commonly known as Azusa Rock, Inc. (AZUSA ROCK); and WHEREAS, AZUSA ROCK has requirements for water in its day-to-day operations for dust control and product enhancement; and WHEREAS, the CITY has granted CALMAT a Conditional Use Permit with respect to CALMAT's mining activities at AZUSA ROCK (Resolution No. 3546, et seq.), including a land conveyor from CALMAT's AZUSA ROCK quarry to its processing plant in Irwindale; and WHEREAS, CALMAT has been adjudicated certain water right (WATER RIGHTS) pursuant to judgement of the Superior Court of California, County of Los Angeles, legal action entitled, Upper San Gabriel Valley Municipal Water District v. City of Alhambra, et al. (Case No. 924128); and WHEREAS, CALMAT desires to secure a permit from the CITY to use said WELL upon the following terms and conditions and in consideration of their mutual covenants and conditions, the parties agree as follows: 1. Description of Property. The CITY grants a Permit to CALMAT and CALMAT takes from the CITY the WELL together with all equipment, piping and appurtenances as shown in Exhibit "A", which document is hereto and by this reference made a part hereof as though fully set forth. 2. Term. This Permit shall commence on the date of its adoption and will continue unabated until one of the following occurs: a. AZUSA ROCK's quarry reserves are fully depleted; or b. CALMAT gives written notice to CITY of its desire to terminate; or c. CALMAT no longer has WATER RIGHTS for pumping within the basin. The forgoing notwithstanding, in no event shall the term of this Permit exceed thirty (34) years. 3. Permit Fee. CALMAT shall pay to CITY one dollar in consideration of this Permit to use said WELL during the term hereof. 4. Additional Consideration. CALMAT shall temporarily transfer one-acre foot of Main San Gabriel Basin production right, bucket for bucket, equally for one-acre foot of water produced at said WELL to CITY at the end of each production year. Should CALMAT determine that it has excess water rights available after any said production year, then CALMAT agrees to offer CITY, as additional consideration, a first right of refusal to lease any excess stored water in the Main San Gabriel Basin, as determined and regulated by the Main San Gabriel Basin Watermaster. The fee for said leased water shall be negotiated on a year-to- year basis, however, CALMAT agrees that such fee shall be less than 90% of the then current replacement price per acre foot, as established by the Metropolitan Water District of Southern California for untreated replacement water. Further, CALMAT currently purchases electrical power from CITY for that portion of the conveyor system which lies within the City of Azusa, and will continue to do so until such time CITY allows its customers direct access within Azusa. CITY understands that CALMAT is a large industry user of electrical power, and the deregulation of the electric industry in California may present opportunities for the CITY to provide additional competitive energy services to CALMAT in the future. CALMAT and CITY agree to conduct further discussions regarding CALMAT's electrical service needs in the future to the extent such discussions are of mutual benefit to the parties. 5. Maintenance. CALMAT, at its sole cost and expense, shall be responsible for any and all maintenance of the WELL and related appurtenances including pipes, pump, internal components, etc. excluding metering and backflow devices, for the duration of the term of this Permit. 6. Utilities. CALMAT, at its sole expense, shall establish, secure and maintain electrical service to the WELL. CALMAT shall pay, prior to delinquency, all charges for electricity ( and any similar charges that may accrue with respect to the WELL) during the term of this Permit. 7. Indemnity. To the extent that it may legally do so, CALMAT agrees that it shall indemnify and hold harmless the CITY, its employees , agents, successors and assigns, from and against all claims liens, encumbrances, actions, loss, damage, expense and liability arising from or growing out of loss of or damage to property, including CITY's own property or injury to or death of persons, resulting in any manner whatsoever, directly or indirectly, by reason of the exercise of the Permit hereby granted; provided however, that this covenant shall not apply to those claims, liens, encumbrances, actions, loss, damage, expense and liability that are proximately caused, in whole or in part, by any active negligence, or willful misconduct, of CITY, or its employees or agents; Provided however, that this exception shall extend only to that portion of negligence or wilful misconductattributable tbr)the City. 8. Successors. This Permit shall bind and inure to the benefit of the successors and assign of the Parties hereto, subject to the provisions 9. Assignment. This permit shall not be assigned by CALMAT without the prior written consent of CITY, which will not be unreasonably withheld. 10. Entry by CITY. CALMAT shall permit CITY's officers or agents to enter upon the premises at all reasonable times to make reasonable inspection thereof or for any lawful purpose. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa hereby grant CALMAT a permit for the use of CITY WELL for the purpose of beneficial water production. PASSED, APPROVED AND ADOPTED by the City Council of the City of Azusa at the regular meeting thereof held on the 21st day of October 1996. STEPHA '. ALEXANDER MAYOR OF THE CITY OF AZUSA 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 16 day of December1996, by the following vote of the City Council: AYES: COUNCIL MEMBERS: HardisonMadrid,Naranjo,Beebe,Alexander NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS None APPROVED AS TO FORM: A 7 % PAT& AD•L'H :4 LIS CITY ATTORNEY CITY CL ''K OF THE CITY OF AZUSA IIEGAINER ® OF AZUSA Light & Water Department ) 5 7��ya,m(y (7FA 18) 3 4-3164 December 12, 1996 AGENDA ITEM TO: Honorable Mayor&Members of the City Council FROM: Joseph F. Hsu, Chair of MIS Committee"J1'�- VIA: Henry Garcia, City Administrator RE: Approval of Server Replacement Project Technical Specifications and Request for Bids. BACKGROUND The City of Azusa has for several years had an internal network which started out small,but has grown continuously with additional users,printers and other resources which are brought online every month. When the network was first installed the value and importance of the servers was limited due to the number of people affected;but today a server failure effects almost every PC in the City Hall complex. The servers perform three primary tasks which impact most users;file storage and sharing,printer sharing and email. All but a few users depend upon the servers for printing and most save all or a part of their data on the server. The City Hall Data Center servers are the repository of data for Administration,Finance,Community Development,Human Resources,Redevelopment and more recently City Clerk, Purchasing and Library. FINDINGS Currently three servers of various ages are operating at City Hall. One serves West Wing, another City Hall and Library,and the most recent server performs the backup of the entire system. All of these servers are standard clone PCs which have a reliability consistent with their configuration. Additionally,the use of multiple servers creates bathers to printer and file sharing since users find it either troublesome or inefficient to be switching between multiple servers. Since the servers have become the keystone of all PC applications and the repository of an invaluable amount of information a more mission critical class of server is called for at this time. To enhance functionality and improve ease of use,it is proposed that one high end server replace the three currently in use. Additionally,the hardware should be fault tolerant,with high availability and have the ability to swap out a defective hard drive without downing the server or loosing any time or data. Dual high speed network interface cards connected to a switch will keep the data flowing faster than is currently available. • RECOMMENDATION Staff recommends that the City Council approve the following Server Replacement Project Technical Specifications for a Hewlett Packard Netserver LII Pro 6/200 and authorize the City Clerk to advertise for bids. Funds were budgeted and are available in account 243-400-2200-7150 Project#750915. .. 04A. to 777 North Alameda Avenue, P.O. Box 9500, Azusa, California 91702-9500 U City of Azusa Information Services Division Server Replacement Project Technical Specifications HARDWARE: Description Model Number Hewlett Packard NetServer LH Pro 6/200 D4840A Standard Features HP 32MB 6Ons EDO DIMM D4295A Keyboard,mouse, 1.44 floppy Internal SCSI-2 4X CD-ROM D2992B Netserver Navigator D4914-60001 Standard Warranty Add-on HP 256MB 6Ons DIMM D4296A 2.1 G.B.hot-swap F&W SCSI-2 D3582B (Qty.2) SCSI Cable,2.5m,68 to 68 pin HD D3636A 4.2 G.B.hot-swap F&W SCSI-2 D3583B (Qty.3) PCI dual channel F&W SCSI-2 DAC C3610A HP/Mylex PCI RAID Controller Netserver Cable Kit D4845A HP Ergo Ultra VGA 15"Display D2806B Netserver LH Pro Rackmount Kit J1492A HP PowerWise L1250 VA UPS C5225B Power Wise Rackmount Shelf C5233A Intel EtherExpress Pro 100 PCI PILA8465B:RJ-45 (Qty.2) HP Remote Assistant w/o modem D2968C SOFTWARE: Novell Intranetware 4.11 (100 user license) (Upgrade pricing from 50 user 4.1 +50 user 3.12) CONFIGURATION NOTES: 1.) Netserver and PowerWise UPS will be rack mounted in an existing 1.6m HP rack. All hardware and cables necessary(this may be in addition to those already noted)to perform this must be included in bid price. 2.) The system volume on the 2.1 G.B. SCSI drive will be mirrored on the additional 2.1 G.B.drive. 3.) The user data on the 3 -4.2 G.B. SCSI drives will be configured for RAID-5. 4.) Proof of Novell licenses will be provided to the vendor upon award of purchase by the City Council. NOTICE INVITING BIDS PUBLIC NOTICE IS HEREBY GIVEN that the City Council of the City of Azusa, County of Los Angeles, State of California,will receive at the office of the City Clerk, City Hall, Azusa, California, up to the hour of 10:00 a.m. on Monday, December 30, 1996 sealed bids for the following: Hewlett Packard Netserver LH Pro 6/200 as specified in the "Server Replacement Technical Specifications." Specifications may be obtained at the City Clerk's Office, 213 E. Foothill Blvd. Azusa, California, Monday through Thursday from 7 a.m. until 5:30 p.m. Bids will be opened and declared in the Office of the City Clerk, City Hall, 213 E. Foothill Blvd., Azusa, California, at 10:00 a.m. on Monday,December 30, 1996. Action will be taken on these bids by the City Council, City of Azusa, at 7:30 p.m., Monday, January 6, 1997, at a regular meeting of the City Council in the Council Chambers, City Hall, Azusa, California. No bid shall be considered unless it is made on a proposal form provided for that purpose, sealed and filed with the City Clerk at the above address, on or before the time specified for receiving bids. The City Council reserves the right to reject any and all bids or parts thereof and to waive informality in such bids. ADOLPH A. SOLIS, CITY CLERK CITY OF AZUSA San Gabriel Valley Tribune, December 20, 1996. 1011111we: TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: STEPHEN P. DEITSCH, CITY ATTORNEY DATE: DECEMBER 16, 1996 SUBJECT: PROPOSED URGENCY ORDINANCE RELATING TO ESTABLISHING A VOLUNTARY EXPENDITURE CEILING FOR ELECTIVE OFFICES IN AZUSA. (Proposition 208) SUMMARY Proposition 208 is a campaign finance initiative passed in the November 1996 election. The provisions of Proposition 208 become effective January 1, 1997, and will be in force during the City's upcoming March 4, 1997 election. As with other recent statewide initiatives,Proposition 208 is a broad, complex document that will require guidelines from the Fair Political Practices Commission and possibly implementing legislation. However,one clear impact on the City's March election is that in local races in jurisdictions with fewer than 100,000 residents, contributions to candidates are limited to$100 per contributor. However, if the City Council enacts, and a candidate accepts, a voluntary spending limit,then the contribution limit is increased to $250 per contributor. Under Proposition 208,Council established voluntary spending limits may not exceed$1.00 per city resident per election and must be adopted by ordinance. The proposition does not specify a minimum on the voluntary spending limit a Council may enact. Should the Council decide not to take action at this time, action can be taken to enact voluntary spending limits at a later date. Options for Council consideration are: 1. Take no action to enact a voluntary spending limit. Under this option candidates can receive maximum contributions per contributor of$100. However,there is no limit on the amount of money a candidate may spend on their campaign. 2. Adopt an Ordinance enacting voluntary spending limits in an amount per resident per election as determined by Council. Under this option candidates who agree in writing, before accepting contributions, to be bound by the voluntary spending limits may receive contributions of up to $250 per contributor. Campaign spending by these candidates would � ' 0-114, 41„ Staff Report Regarding Urgency Ordinance Prop 208 PAGE TWO be limited to the figure set by the Council by ordinance. This figure cannot exceed approximately$45,000, i.e., $1.00 per Azusa resident. The Council may pick a lower figure if it prefers. There are no guidelines in the proposition on minimum levels. However, if the spending limit is too low, candidates are not likely to accept it. An urgency ordinance is attached (Attachment A) to this report in the event Council desires to enact voluntary spending limits. Council will need to determine the spending limit to be inserted into the ordinance. If the Council wishes to proceed with an urgency ordinance it will also need to make a finding that immediate adoption of the ordinance is necessary for the immediate preservation of the public health, safety or welfare. A possible basis for such a finding is included in the draft ordinance attached. The City Attorney recommends Council consider this report and either take no action, or adopt an ordinance establishing voluntary spending limits in an amount determined by the Council. In the event Council desire to enact an ordinance, the City Attorney has attached a draft of an urgency ordinance such that the limits will be in effect at the same time as Proposition 208. Such action could reduce candidate confusion over campaign requirements during the March 1997 election. However, the FPPC has not yet given any direction on whether candidates who accepted contributions before January 1, 1997, will be eligible to accept a voluntary spending limit. RECOMMENDATION The City Attorney recommends that City Council consider this report and either take no action, or adopt an urgency ordinance establishing voluntary spending limits in an amount determined by the Council. ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,ESTABLISHING A VOLUNTARY EXPENDITURE CEILING FOR ELECTIVE OFFICES IN AZUSA Whereas, Proposition 208 was enacted by the voters at the November 5, 1996 General Election of the State of California;and Whereas,Proposition 208 will become effective Janray 1, 1997;and Whereas, Proposition 208 allows cities to establish, by ordinance,voluntary expenditure ceilings for local elections. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF AZUSA,CALFORNIA, DOES FIND AND DECLARE THAT: SECTION 1. Pursuant to Government Code Section 36937 it is necessary to adopt this ordinance as an urgency matter for the immediate preservation of the public peace,health or safety in that enactment of this ordinance on a non-urgency basis would create damaging uncertainty in the election process of the City. SECTION 2. Chapter 2, Article I, of the Azusa Municipal Code is hereby amended by adding Section 2-2 to read as follows: Section 2-2.Voluntary expenditure limits. Pursuant to Governement Code Section 85400(c), a voluntary expenditure ceiling of is hereby established for candidates and controlled committees of such candidates for elective office for each election in the City in which the candidate is seeking elective office. SECTION 3. This Ordinance is adopted pursuant to Government Code Section 36937 and shall take effect immediately upon its adoption by a four-fifths vote of the City Council. SECTION 4. A summary of this Ordinance shall be published in the manner required by law. PASSED,APPROVED AND ADOPTED this 16th day of December, 1996. MAYOR,STEPHEN J.ALEXANDER ATTEST: ADOLPH A.SOLIS,CITY CLERK