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HomeMy WebLinkAboutMinutes - October 3, 1988 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING OCTOBER 3, 1988 - 7:30 P.M. The City Council of the City of Azusa met in regular session at the above date and time in the Civic Auditorium. Mayor Moses called the meeting to order and led in the salute to the Flag. INVOCATION was given by Presbyterian Church. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT : COUNCILMEMBERS: ALSO PRESENT Reverend Bob Flagg of the First AVILA, STEMRICH, NARANJO, LATTA, MOSES NONE City Attorney Thorson, City Administrator Fuentes, Chief of olice/Assistant City Administrator Wood, Director of - Finance Craig, Director of Community Development Bruckner, Utilities Director Hsu, Director of Community Services Guarrera, City Librarian Alaniz, Assistant Director for Engineering and Public Works DeLoach, Redevelopment Manager Steel Redevelopment Project Analyst Katchen-Gall, Code Enforcement Officer Rudisel, City Treasurer Talley, Deputy City Clerk Lara, Administrative Clerk Toscano. CEREMONIAL Mayor Moses thanked all concerns during his recent happy to be back. residents for their cards and illness and advised that he was Call to Order Invocation Roll Call Also Present Ceremonial The CONSENT CALENDAR consisting of Items 1 through 12 was Cons Cal approved by motion of Councilwoman Avila, seconded by appvd Councilman Naranjo, and unanimously carried by roll call F-9 Spec vote, with the exception of Item F-9 which was considered Call under the Special Call portion of the Agenda. 1. The Minutes of the adjourned regular meeting of ' September 12th and the regular meeting of September 19th, 1988, were approved as written. 2. The appointment of Mr. Rance G. James to the position of Computer Operations Analyst, effective October 4, 1988, was approved. 3. Bid opening was held in the City Clerk's Office on September 26th, for Project No. 787-88, purchase of two mini trucks. No bids were received. Therefore, formal bidding procedures were waived pursuant to the Municipal Code and authorization given to solicit informal quotations and to purchase the vehicles from the lowest responsible bidder. Min appvd Appt. R. James Bid opening Proj 787-88 no bids reed Inf. quotes authorized 4. Employee step increase and permanent status Step inc./ recommendations were approved for the following: perm status SELECTION AND TRAINING STANDARDS OF PUBLIC SAFETY NAME STATUS EFFECTIVE DISPATCHERS. Dispatchers A. Contreras Step 4 10/01/88 Appv sale .R. Vasquez Step 3 10/05/88 5. On July 18, 1988, Council waived formal bidding Contract for San Gab. procedures for the installation of a new controller controller cabinet at the intersection of Cerritos and Arrow cabinet customary broker commission. The sale of the property Highway. Two quotes were received from Signal Signal Maint. Maintenance, Inc., and Superior Signal Service. The Spec Call 10. contract was awarded to Signal Maintenance, Inc., in Compensation Program for all employees. Like many the amount of $5,300, and its execution authorized. cities, Azusa contracts with a third party to provide 6. The Water Division needs to have fifteen (15) 6" or 8" Bids waived Hersey commercial water meters tested and repaired in fr repair of the near future. There are only two companies in this water meters area able to do this kind of work satisfactorily. Costs cannot be determined until the work is completed. Formal bidding procedures were waived pursuant to the Municipal Code and authorization given for the firm of Hydro Metric Service Corporation to perform the work at a cost not to exceed $9,000. 7. The California Penal Code has been amended to require Dispatcher the Commission on Peace Officer Standards and Training training (POST) to establish minimum guidelines for public through safety dispatchers. In order to receive reimbursement POST from POST for this training the following resolution was adopted: 10/3/88 PAGE TWO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8518 ACCEPTING THE PENAL CODE REQUIREMENTS RELATING TO THE accptg re - SELECTION AND TRAINING STANDARDS OF PUBLIC SAFETY quirements DISPATCHERS. Dispatchers 8. On March 21, 1988, Council adopted -Resolution No. 8392, Appv sale declaring real property at 11th Street and San Gabriel of propty Avenue as surplus and directed the sale of same. The @ 11th & property was appraised at $40,000. Mr. & Mrs. Charles San Gab. Key have offered to purchase the property at $37,600, which is based on the appraisal value, less 6% of the customary broker commission. The sale of the property to Mr. & Mrs. Key was approved and sold "as is." 9. Special Call Item. Spec Call 10. The City maintains its own self-insured Workers' Agmt for Compensation Program for all employees. Like many third party cities, Azusa contracts with a third party to provide admin.for for program administrative work, such as paying medical Wrkers Comp bills, scheduling conferences and legal work, and Bierly & statistical data and reports. Proposals were requested Assoc. from eleven companies and seven responded. The proposal from Bierly & Associates, in the amount of $225.00 per new claim or monthly billings of $1,416.66, and a one time charge for the assumption of existing files from the current administrator of $1,000, was accepted and execution of the contract was authorized. 11. Two separate resolutions authorizing payment of Res. #'s warrants by the City were adopted and entitled: 8519 & 8520 Warrants A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. 10/3/88 PAGE TWO 12. The appointment of Mr. Daniel Chudyk to the position of Appt D. Assistant Code Enforcement Officer was approved, Chudyk contingent upon successful completion of a physical examination. (Date to be determined) THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT Cncl & CRA AGENCY AT 7:40 P.M. JOINT PUBLIC HEARING - on the proposed merging of two convnd jntly Comments separate redevelopment project areas in the City, referred Hrg - West JOINT PUBLIC HEARING - on the proposed sale of certain real Joint Pub property in the Central Business District Redevelopment Hrg - Pac. Project Area to Pacific Union Asset Management, for the Union Asset rehabilitation and disposition of approximately twelve (12) Mngmnt condominium units within the project known as the Rainbow Angling Club Condominiums. Real property includes: Units 9, 22, 25, 29, 30, 32, 39, 40, 45, 46, 51 and 54 Lakeview Terrace. the County Counsel stating this fact for the record. The Mayor/Chairman declared the Hearing open. Deputy City Hrg opened Clerk/Deputy Secretary read the affidavit of proof of publication of notice of said Hearing published in the Azusa Herald on September 14th and 21st, 1988. Due to protracted negotiations with Pacific Union Asset Hrg cont Management, it was moved by Councilman/Director Naranjo, to nxt mtg seconded by Councilwoman/Director Avila and unanimously carried by roll call to continue this item until the next regular meeting. The Mayor/Chairman declared the Hearing open. Deputy City JOINT PUBLIC HEARING - on the proposed merging of two Joint Pub Comments separate redevelopment project areas in the City, referred Hrg - West G. Avakian to as the Central Business District Redevelopment Project End & CBD B. Russell, and the West End Redevelopment Project Area Merger of merger 'Area the Azusa Redevelopment Agency. in either project area. As it stands now, tax increment The Mayor/Chairman declared the Hearing open. Deputy City Hrg opened Clerk/Secretary read the affidavit of proof of publication Comments of notice of said Hearing published in the San Gabriel continuing the Valley Tribune on September 12th, 19th and 26th, 1988. G. Avakian Mr. Bryce Russell, consultant for this merger addressed the Testimony Council/Agency and advised that the merger was solely B. Russell, administrative in nature. The existing plans of both consultant projects would remain the same. The merger would allow tax this redevelopment and was advised that no increment dollars to be merged, and thus could be used time schedule in either project area. As it stands now, tax increment redevelopment projects, per dollars in the West End could only be used in the West End se. project area and since that area has more tax increment dollars than the CBD project area, it would be beneficial to the City/Agency for this merger, so that funds could then be used in the CBD project area. He further advised that since a procedural deficiency was noted in that affected taxing agencies had not been duly notified of this hearing, that the hearing be continued. He then presented a letter from the County Counsel stating this fact for the record. Avakian addressed this item and stated that she was Comments in favor of continuing the hearing and went on to state G. Avakian ,Gayle various environmental impacts that had not been addressed. Mr. Walter Huhf requested information regarding the time Comments schedule for this redevelopment and was advised that no W. Huhf time schedule existed for any redevelopment projects, per se. Mr. Gary Solem addressed this item and stated that these Comments projects should not be merged and felt that redevelopment G. Solem should be solely for blighted areas. 10/3/88 PAGE THREE Redevelopment Manager Steel addressed the Council/Agency and Comments clarified the reason for this proposed merger. At present R. Steel we can only use funds generated in the West End project area in that area, and the same with the CBD project area. By merging the two areas, the surplus funds from the more affluent West End project area could then be used for the CBD project area that has no funds. The merger is strictly administrative in nature. ,General discussion ensued as to amounts of money involved Gen1l and that the Central Business District would benefit by this discussion merger. A heated discussion ensued regarding proposed multi -family Disc not development in the downtown area as well as other projects related to and other items not pertinent to the hearing. Hrg Because of the nature of the discussion and disturbances by Audience the audience, a request was made to recess to Closed disturbances Session. City Attorney/General Counsel apprised the & req for Council/Agency that Closed Sessions were only allowed for Closed Sess discussion regarding litigation matters, acquisition of , not appropo property or for personnel matters. It was then moved by Councilman/Director Latta, seconded by Hrg cont Councilman/Director Stemrich and unanimously carried by roll to nxt mtg call to continue the Public Hearing to the next regular meeting. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Cncl recessed CONTINUED AT 8:17 P.M. CRA cont. ,THE CITY COUNCIL RECONVENED AT: 8:33 P.M. Reconvened THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL No bus IDA DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Ord./Spec.Res Councilwoman Avila offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ADDING Ord #2381 SECTION 8.52.015 TO THE AZUSA MUNICIPAL CODE REGARDING nonmotorized NONMOTORIZED VEHICLES IN AND UPON PUBLIC STREETS, SIDEWALKS vehicles AND PARKS. Moved by Councilwoman Avila, seconded by Councilman Stemrich to waive further reading and adopt. Ordinance passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA COUNCILMEMBERS: MOSES NONE ,NOES: ABSENT: COUNCILMEMBERS: NONE SCHEDULED ITEMS Sched. Items PUBLIC HEARING - ons application of the City of Azusa Pub Hrg requesting a zone change for the following properties in zone changes order to bring the zoning into conformance with the land use Z -88-3-A, B, designations of the Azusa General Plan (Zone Change Case and C No.Z-88-3 A, B and C): 10/03/88 PAGE FOUR It was consensus of Council that each item be discussed A thru C separately. discussed separately 'The Mayor questioned if a dump could be placed in the Community Facilities zone designation and was advised it Comments could not be placed there outright. All uses are subject to by Moses Planning Commission approval. The Mayor requested that all Z -88-3-A uses allowed in that zone be read out loud. Due to disturbances by the audience, it was moved by Aud.,dis- Councilman Stemrich, seconded by Councilman Naranjo that if turbances the audience became boisterous, that measures be taken to to be acted remove disruptive parties. Action on this item was deferred on - no until the specific uses in the CF zone were read. action taken Mr. Bruckner then read the uses that were allowed in the CF zone, and after doing so, advised that the owner of the property had requested a 30 day continuance on this item. He further stated that the zone change should not be confused with the proposed revocation of Azusa Rock, as these were two separate items. Mr. Glenn Watson, attorney for Azusa Rock, addressed the Council requesting that this proposed zone change be considered at the same time the public hearing on the proposed revocation was to be heard. He stated that both items were related to the operation of the rock quarry. He 'further stated that if the City were to hire consultants, as the Agenda indicated, and the revocation hearing was continued, he would request that the zone change also be continued and heard at the same time. Marlene Fox, attorney for the City of Duarte, advised that she was in favor of the zone change and supported staff's recommendation. She was not in favor of continuance, as she advised that the owner of the Rock Quarry was buying time, since he has petitioned the State for reclassification and redesignation of his operations with regard to the mineral content at the location. If he succeeds then the City loses local control of his operations. 10/03/88 PAGE FIVE Uses allowed in CF zone Testimony G. Watson Testimony M. Fox A. 3901 Fish Canyon Road - from M2 (General Manufacturing) to CF (Community Facilities); B. 215, 255, 285 and 295 East Sierra Madre Avenue - from RA (Residential Agricultural) to Rla (Single Family Residential); ' C. 702 W.Gladstone Street - from M1 (Light Manufacturing) to R3a (Multiple Family Residential). The Mayor declared the Hearing open. Deputy City Clerk read Hrg opened the affidavit of proof of publication of notice of said Hearing published in the Azusa Herald on September 21, 1988, as well as the affidavit of proof of posting said property on September 23, 1988. Community Development Director Bruckner addressed the item Testimony advising that during the annual review of the Azusa General staff Plan, staff analyzed the zoning patterns of the City for consistency with the land use designation found in the General Plan. Several areas throughout the City were found to have zoning which was inconsistent with these land use desingations. Public Hearings were held before the Planning Commission and the recommendations were as follows: Approval of Z -88-3-A; denial of Z -88-3-B; approval of Z -88- 3-C. It was consensus of Council that each item be discussed A thru C separately. discussed separately 'The Mayor questioned if a dump could be placed in the Community Facilities zone designation and was advised it Comments could not be placed there outright. All uses are subject to by Moses Planning Commission approval. The Mayor requested that all Z -88-3-A uses allowed in that zone be read out loud. Due to disturbances by the audience, it was moved by Aud.,dis- Councilman Stemrich, seconded by Councilman Naranjo that if turbances the audience became boisterous, that measures be taken to to be acted remove disruptive parties. Action on this item was deferred on - no until the specific uses in the CF zone were read. action taken Mr. Bruckner then read the uses that were allowed in the CF zone, and after doing so, advised that the owner of the property had requested a 30 day continuance on this item. He further stated that the zone change should not be confused with the proposed revocation of Azusa Rock, as these were two separate items. Mr. Glenn Watson, attorney for Azusa Rock, addressed the Council requesting that this proposed zone change be considered at the same time the public hearing on the proposed revocation was to be heard. He stated that both items were related to the operation of the rock quarry. He 'further stated that if the City were to hire consultants, as the Agenda indicated, and the revocation hearing was continued, he would request that the zone change also be continued and heard at the same time. Marlene Fox, attorney for the City of Duarte, advised that she was in favor of the zone change and supported staff's recommendation. She was not in favor of continuance, as she advised that the owner of the Rock Quarry was buying time, since he has petitioned the State for reclassification and redesignation of his operations with regard to the mineral content at the location. If he succeeds then the City loses local control of his operations. 10/03/88 PAGE FIVE Uses allowed in CF zone Testimony G. Watson Testimony M. Fox Barbara Mean addressed the Council and read from an Comments article that in essence stated that cities should designate B. Mean land uses for conservation, etc., and that the State does not want any land use decision to threaten the potential to extract minerals that the State has classified as a significant resource. Gayle Avakian addresseed the Council and displayed maps of Comments 'the General Plan and stated that an M2 zone has never been G. Avakian in the General Plan, and wondered how the rock quarry was able to operate if the zoning was not in the General Plan. Mr. Art Morales addressed the Council and stated that most Comments of the people in the audience tonight were not Azusans. A. Morales That Marlene Fox was working for Duarte, not Azusa. He also stated that to make this area Community Facilities was not feasible as the area was not conducive for such a designation. Ronald Legault addressed the Council and asked if he could Comments get a show of hands of all the Azusa people in the audience R. Legault and he was allowed to do so. Elizabeth Wertz addressed the Council stating that she was Comments not in favor of zoning this property Community Facilities, E. Wertz she thought it should be designated as Water Conservation. MOSES Glenn Watson addressed the Council and advised the status of Testimony his client's petition with the State Mining and Geology G. Watson Board. He further stated that the Community Facilities NONE zoning was not suited for the property. He went on state that if the zone change was approved, his client would have to cease operations and that was one of the main reasons why he felt that the zone change and the possible revocation be considered at the same time. He further stated that the City has no mineral resource policy adopted by the City Council, which is mandated by the State, to be included with the General Plan. That one has been prepared and submitted to the State for input and then will be presented for Council approval. He further stated, that action should not be taken on any zone change at the rock quarry until the mineral resource policy is adopted. He then proceeded to read a letter from the State Mining and Geology Board regarding Azusa Rock's petition for reclassification and presented a copy of the letter for the City Clerk's file. Loretta Emmel addressed Council and requested that Mr. Comments Watson could advise if mineral resources included gold. He L. Emmel advised that he was unaware of any gold in the area. Marlene Fox addressed the Council and stated that she had no Testimony real disagreement with Mr. Watson's comments. However, M. Fox Azusa Rock was just trying to buy time in order to receive the reclassification from the State. She went on to say that Mr. Watson would like the City to change the General Plan to conform to his client's property. Moved by Councilman Naranjo, seconded by Councilwoman Avila Item cont Knd carried by roll call to continue this item until after revo- estimony had been recevied regarding proposed revocation of cation Hrg he quarry operation. Mayor Moses dissenting. Deputy City Clerk apprised Council that the previous motion Action on of Councilman Stemrich which was seconded by Councilman aud. distur- Naranjo regarding audience disturbances, had not been bances appvd reconciled. The Mayor called for the vote and motion carried, to wit: AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO NOES: COUNCILMEMBERS: MOSES ABSTAIN: COUNCILMEMBERS: LATTA ABSENT: COUNCILMEMBERS: NONE 10/03/88 PAGE SIX Proposed zone change Z -88-3-B was now considered. Mayor Moses left the Council table and abstained from the proceedings. Mayor Pro -tempore Naranjo chaired this item. Director of Community Development Bruckner advised that the proposed zone change consisted of four parcels on Sierra Madre Avenue, that needed to be consistent with the General Plan. The Planning Commission felt that if the zone were changed to Rla this would allow second units to be built on these parcels, and therefore recommended that the zone designation remain as is. Testimony was solicited, but none received. Z -88-3-B Moses to abstain Naranjo chaired Testimony staff No public input Moved by Councilman Naranjo, seconded by Councilman Stemrich Hrg on Z -88 - and carried by roll call to close this portion of the 3-B closed hearing. Mayor Moses abstaining. Moved by Councilman Latta, seconded by Councilman Naranjo Zone to and carried by roll call, to approve the recommendation of remain as is the Planning Commission and not rezone said parcels, further directing the City Attorney to prepare the necessary documents. Mayor Moses abstaining. Moved by Mayor Moses, seconded by Councilman Stemrich and Hrg on Z -88 - unanimously carried by roll call to close the third portion 3-C closed of the Hearing. Moved by Councilwoman Avila, seconded by Councilman Naranjo Appv Zone and carried by roll call to approve Planning Commission change recommendation on Zone Case Z -88-3-C, further directing the City Attorney to prepare the necessary documents. Mayor Moses dissenting. PUBLIC HEARING - on possible revocation of a Special Use Permit granted by City Council Resolution No. 3546, dated November 27, 1956, allowing removal of rock, sand and ,gravel, and to operate a rock plant, rock crusher, plant, ready -mix concrete plant and asphalt plant on the property located at 3901 Encanto Parkway, Azusa Rock Company, Inc., aka Kirst Construction Company. The Mayor declared the Hearing open. Deputy City Clerk read the affidavit of proof of publication of notice of said Hearing published in the Azusa Herald on September 21, 1988, as well as the affidavit of proof of posting said property on September 23, 1988. Director of Community Development Bruckner advised the Council that the applicant has requested a continuance on this matter, and if not granted, he would address this item. 10/03/88 PAGE SEVEN Pub Hrg poss revo- cation of Spec use permit Azusa Rock Hrg opened Testimony staff Mayor Moses returned to the Council table and chaired the Moses rest of the meeting. returned The third and final portion of the Public Hearing on Z -88-3-C proposed zone changes was now discussed. Community Development Director Bruckner advised that this Testimony area on Gladstone Avenue has an existing M1 use, and is staff situated adjacent to a mobile home park and water reservoir and several nearby parcels are zoned R3a. If the zone change is adopted the present auto repair business will become a nonconforming use and an amortization period of 20 years would become effective on the date of the zone change. Discussion was held regarding the possible creation of an General R3r zoning and if multiple family dwellings would be discussion allowed then noise emanation from the existing water pump owned by Azusa Valley Water could become a problem. No other Testimony was solicited, but none received. testimony Moved by Mayor Moses, seconded by Councilman Stemrich and Hrg on Z -88 - unanimously carried by roll call to close the third portion 3-C closed of the Hearing. Moved by Councilwoman Avila, seconded by Councilman Naranjo Appv Zone and carried by roll call to approve Planning Commission change recommendation on Zone Case Z -88-3-C, further directing the City Attorney to prepare the necessary documents. Mayor Moses dissenting. PUBLIC HEARING - on possible revocation of a Special Use Permit granted by City Council Resolution No. 3546, dated November 27, 1956, allowing removal of rock, sand and ,gravel, and to operate a rock plant, rock crusher, plant, ready -mix concrete plant and asphalt plant on the property located at 3901 Encanto Parkway, Azusa Rock Company, Inc., aka Kirst Construction Company. The Mayor declared the Hearing open. Deputy City Clerk read the affidavit of proof of publication of notice of said Hearing published in the Azusa Herald on September 21, 1988, as well as the affidavit of proof of posting said property on September 23, 1988. Director of Community Development Bruckner advised the Council that the applicant has requested a continuance on this matter, and if not granted, he would address this item. 10/03/88 PAGE SEVEN Pub Hrg poss revo- cation of Spec use permit Azusa Rock Hrg opened Testimony staff It was consensus of Council that Mr. Bruckner address the item. Mr. Bruckner advised that the Planning Commission has had extensive hearings on this matter, with testimony received from citizens, consultants and other interested parties on both sides of the issue. Copies of all exhibits presented at these hearings have been provided to the Council, as well as available transcripts. In summary, the issues of concern are that the Rock Company was not in compliance with several conditions of their original use permit; extensive dust and noise due to the operation experienced primarily by Duarte residents who are closer to the rock quarry than Azusa residents; the scarring of the mountain and the stability of the hillside areas. Testimony was received from various consultants hired by the City of Duarte and the Rock Company. He further elaborated on the various issues that were discussed and the alternatives that could be achieved to reconcile the matter. Discussion ensued regarding fencing of the property, access to Fish Canyon, underground operations, time period allowed for operations to stop or cease in order to violate the special use permit, encroachment on the CalMat property, and other considerations; as well as the flyer sent out by Azusa Rock stating how much the City would lose financially by revoking their permit. Mr. Glenn Watson, attorney for Azusa Rock Company, Inc., addressed the Council and stated that he noted that on the Agenda two items appeared regarding a budget transfer of funds for the purpose of hiring consultants regarding this issue. He stated that if that were the case, then he felt the revocation hearing should be continued until the consultants performed their studies. Marlene Fox, attorney for the City of Duarte, addressed this item and was against the continuance of this matter, even though she concurred that the City of Azusa should hire their own experts. She advised that staff from Azusa, Duarte, and Azusa Rock had had a meeting to try and reconcile the problems and that Azusa Rock refused any mitigation measures presented. She presented a copy of the brochure that had been mailed to the citizens of Azusa by Azusa Rock, which alleged that many programs in Azusa, as well as public safety cuts would be made if their permit was revoked. She submitted for the record a copy of a letter that the City of Duarte sent to the Azusa Postmaster for information on Permit #37, listed on the brochure, and also submitted a copy of the information received from the Postmaster, disclosing the name of the firm of Campaign Management, Inc., as the company sending out the brochures. Much discussion ensued regarding the City of Azusa retaining their own experts in this matter, the possibility of litigation and whether or not Duarte would bear some of the costs if the quarry permit was revoked. Possibly having meetings with the attorney of Azusa Rock, City of Duarte, 'and staff for possible negotiations regarding this issue after completion of studies by Azusa's consultants. Mr. Glenn Watson advised that he would be willing to meet and discuss the issues. More discussion regarding air quality testing ensued, with regard to different types of atmosphere, wind, etc., and that such testing would take some time in order to accomplish this. 10/03/88 PAGE EIGHT General discussion Testimony G. Watson Testimony M. Fox Discussion Comments G. Watson Linda Stahl -Smith, co -chairperson of the Committee to Save Comments the Foothills, addressed the Council stating that the L. Stahl - committee was a core group of citizens concerned about the Smith rock quarry problems. They do not solicit funds. They did receive "in-kind" contributions from the City of Duarte for the video tape that was aired on Cable TV. Councilman Naranjo questioned whether this committee should Comments be registered with the Secretary of State and requested the Naranjo City Attorney if this were the case. City Attorney advised that more information regarding the activities of the commitee were needed before he could accurately respond. Mr. Richard Widman addressed the Council regarding the validity of the brochure that was mailed to the residents by Azusa Rock. Specifically, that the Food Bank would not receive, any funds from the City. He stated that the City has never given the St. Frances of Rome Church any funds. He was advised to the contrary, that the church does, in fact, receive funds every month. Mr. Tom Weckerly advised the Council that he was on the Board of the First Baptist Church, and it did receive funds from the City when they were in operation. Mrs. Carol Montano addressed the Council stating that she and the Committee to Save the Foothills were shocked at the brochure that Azusa Rock had mailed to the residents. Mr. Bert Law addressed the Council stating that the dissension at the Council table was appalling. Miss I. Paras addressed the Council regarding her concerns regarding the quarry operation and her opposition to it. Lucy Shelton addressed the Council and stated that we need to listen to the young people in Azusa. She asked what the Azusa Rock Company has done about land reclamation and why they are allowed to stock pile. She stated that they had many violations and have never been made to comply, and that their permit should be revoked. Comments R. Widman Comments T. Weckerly Comments C. Montano Comments B. Law Comments I. Paras Comments L. Shelton Mr. Tom Weckerly addressed the Council stating that if the Comments permit is revoked, what would happen to the children of the T. Weckerly employees at the quarry. Consideration should be given them as well. Nancy Griffith addressed the Council stating that she was in Comments opposition to the rock quarry. The dust problem was N. Griffith terrible. Patricia Lentz addressed the Council stating that the Comment Council should do what is needed for the people, and that P. Lentz the environment must be protected for future generations. Council discussion ensued regarding fiscal responsibility as Discussion well as responsibilities to the residents, and possible litigation. Questions regarding a possible injunction against the rock quarry and time period to accomplish that as well as monies it would cost the City in the event the Courts ruled in the quarry's favor. Further discussion regarding the fact that the City is self-insured and whether or not this particular case would be covered. Mrs. Wanda House addressed the Council and asked whether an Comments injunction against the rock quarry would in any way effect W. House the State of reclassifying their mineral status petition and was advised by the City Attorney that it could possibly take preference. 10/03/88 PAGE NINE Mayor John Hitt of the City of Duarte addressed the Council Comments. and stated that the City of Duarte would share in the legal Mayor Hitt fees if the rock quarry were closed. However, he could not of Duarte fully commit the City regarding damages and liabilities at this time. Councilman Stemrich asked Mrs. Shelton if she still wanted the rock quarry shut down, and she advised that she would like to see the rock quarry cease operations immediately. Gayle Avakian wondered if this were not the time to do a friendship/cooperation park with the City of Duarte. She was advised to place this item on the next Agenda. Mr. Ron Legault addressed the Council and stated that the City should review all the reports and take the rock quarry to court. Comments Stemrich Comment G. Avakian Comments R. Legault Councilman Latta asked Mayor Hitt of Duarte that in the Comments event the City of Azusa would revoke the quarry's permit, Latta would he be comfortable with the data on the quarry which had been submitted and would it support that decision. He advised that he and Mrs. Fox, the attorney, were comfortable with all the data submitted. Councilman Stemrich asked Mayor Hitt if, in fact, the City of Azusa revoked the quarry permit, would not the City of Duarte benefit more than Azusa. He stated that everyone would benefit. Mrs. Fox interjected that she did not feel this type of discussion was proper. Councilman Stemrich advised that he wanted to know why the City of Duarte did not take Azusa Rock into court, since their residents would benefit by its closure. Mr. Edward Medina, representing the Forest Service, addressed the Council on the issue of the trail access to Fish Canyon. He stated that Kirst Construction has been very cooperative with the Forest Service for public access to Fish Canyon. He further stated that allegations against the quarry operation that they have destroyed sensitive plants is also false. THE CITY COUNCIL RECESSED AT 11:35 P.M. THE CITY COUNCIL RECONVENED AT 11:51 P.M. Ms. Caroline Brown addressed the Council and stated that the City of Azusa, with the mountains in the back drop, had appeared in two issues of.a New York Magazine, regarding "controlling nature". She felt that extensive quarrying was taking place and that if it cbntinued, she could take her students to the area to view man's negative impact on nature. Comments Stemrich Comments E. Medina Recessed Reconvened Comments C. Brown Mr. Steve Hardy addressed the Council stating that after all Comments the testimony that has been made on this issue, he could not S. Hardy 'understand why the Council needed or wanted to hire their own consultants. He felt that the Council should revoke the permit of the rock quarry and not delay it any longer. Due to the fact that Mr. Hardy used profanity in his address Discussion to the Council, heated discussion ensued regarding having re: profani- him removed from the building, however, no action was taken. ty Councilman Latta felt that possibly, due to the hour, that Comments the hearing should be closed. Latta 10/03/88 PAGE TEN Councilman Naranjo stated that the amounts of paper work Comments received involving this hearing could not possibly be read Naranjo & within the short period of time when the Agenda had been Avila delivered to them. Councilwoman Avila allowed the audience to view the paperwork, which was approximately 7" in height. Mr. Murray Hirota addressed the Council stating that if this Comments issue was taken to court who would win. He stated that a M. Hirota 'lot of mountains have been defaced, and after quarrying ceased homes were built on the sites. He alluded to Mt. Rushmore, and the scarring of the mountain in order to place roads so that this monument could be seen. Mr. John Pinsonnault, addressed the Council and stated that Comments J. if they had any questions concerning the air quality reports Pinsonnault that had been prepared, he would be happy to oblige. Mrs. Alma Herzog addressed the Council stating that she Comments wanted to advise about the rock crusher on Gladstone and the A. Herzog large amounts of dust it created. Her home was in need of repair and paint, but she could not afford to do it. She wanted everyone to know the damages that dust could cause. Mr. Don Reining, President of the Southern California Rock Products Association, urged that that Azusa Rock Company be allowed to continue their operation. Their products were a needed resource for the building of homes, buildings and roads. He urged the Council to allow them to continue, because operations of this nature were becoming scarce. Mr. Art Morales addressed this item stating that this was a very emotional issue. He urged the Council not to make any rash decisions, but to hire their own consultants and have 'their own report, and then decide what should be done. Mr. Glenn Watson asked if the Council had received all the evidence from the Planning Commission and he was advised that all the testimony had been received except for one transcript from the September 7th meeting. It will be made part of the record upon receipt. He also asked if he would be able to respond to any reports made by consultants, in the event the Council hired them. Mr. Thomas Sheedy, President of Azusa Rock, Inc., addressed the Council and elaborated on the operations of his quarry, from 1956 to the present. He stated that trucks do not leave his property before 6:00 A.M. Azusa Rock will move the road to the west side of the ridge, out of sight of the residents of Azusa. At the same time they will place material over the existing road and seed and irrigate it to establish plant and grass growth. They propose to construct an extension of Encanto Parkway around Van Tassel. They will install pipe culverts and furnish the necessary fill for the embankment. The existing road over the levee could then be turned into a landscaped berm. If approved by the Corps of Engineers, they plan to erect a belt conveyor for hauling materials, which would eliminate ,the truck route across the river. They will constantly monitor the dust problems, by street washing, high presssre pumping equipment and automated truck washing/load wetting systems. He spoke of decreasing visual impacts of the quarry; preparing a geotechnical report; blasting procedures, if ever necessary; access road to Fish Canyon and a special fund to be set aside for reclamation. He then stated that Azusa Rock did have a flyer prepared and mailed to the residents. However, the monies that were mentioned that would be lost to the City, were not intended to mean that literally, it was just a frame of reference, as to what a million dollars meant in services. He went on to discuss the other rock operations in the City and the amounts of money generated, as well as the number of residents of Azusa being employed there. 10/03/88 PAGE ELEVEN Comments D. Reining Comments A. Morales Comments G. Watson Testimony T. Sheedy Mr. Glenn Watson, again addressed this item, stating that noise from the plant is not the problem. Truck noise is a problem, but not all the trucks are from Azusa Rock. Mr. Sheedy's mitigation measures should take care of that problem as well as dust problems and the scar on the mountain will be taken care of by a reclamation plan, which has been approved by the Planning Commission. With respect to the plant being closed for a one year period or more, 'there is no proof of that. Azusa Rock has been paying excavation taxes yearly. Therefore, he sees no basis for revocation. Marlene Fox addressed this item and submitted into the record a video-tape which was on cable TV, produced by the Committee to Save the Foothills and the City of Duarte. She also read a letter from Congressman David Drier in support of the revocation and a letter from the Mayor of Bradbury, John Richards, also in support of the revocation. Both letters were submitted to the Deputy City Clerk for the record. She, further, stated that a copy of the transcript of the September 7th Planning Commission meeting has been sent to Community Development as of this date. Moved by Councilwoman Avila, seconded by Councilman Naranjo and unanimously carried by roll call to close the Hearing. Moved by Mayor Moses to uphold the Planning Commission's decision to revoke the special use permit of Azusa Rock Inc. Motion died for t:b.e '.: _k of a second. It was consensus of Council that discussion on this item be done in Closed Session. The Mayor stated that he would like the Chief of Police to also attend the Closed Session. He 'went on to state, that at the last Closed Session, action was taken by three members of the Council to direct the Finance Director and other departments not to supply any information regarding City business to him if he requested it. Because of the Mayor's statement, the Director of Finance was asked to address the Council and advise if this were true. Mr. Craig advised that there were no directives of this nature from any Councilmember pertaining to information or what to do with it. He advised that the Mayor could receive any information that he asked for. The Mayor stated that any decisions made in Closed Session should be restated during open session. The City Attorney apprised that the only actions taken in Closed Session that had to be restated in open session were personnel appointments or dismissals. He further stated that an action such as stated by the Mayor regarding disclosure of information was not a proper item to be discussed during Closed Session. Comments G. Watson Comments M. Fox Hrg closed Revoke the permit (died) General discussion Councilman Naranjo stated that he did not feel it was proper Comments to to bring the Chief of Police into the arena of politics Naranjo and have him present during a Closed Session. 'THE REDEVELOPMENT AGENCY CONVENED JOINTLY WITH THE CITY CRA convnd COUNCIL AT 1:05 A.M. w/Cncl Councilman/Director Naranjo offered a resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8521 AND THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY 'OF Closed Sess THE CITY OF AZUSA TO"RECESS TO CLOSED SESSION ON OCTOBER 3, 1988, PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) AND (b). 10/03/88 PAGE TWELVE Moved by Councilman/Director Naranjo, seconded by Councilman/Director Stemrich to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council/Agency: Moved by Mayor Moses that litigation actions be taken Litigation against Azusa Rock, in conjunction with the City of Duarte, of Azusa but to allow them to operate until decision is reached by Rock the court. Motion died for the lack of a second. (died) Moved by Councilman Latta, seconded by Councilman Naranjo Bdgt trans - and carried by roll call that a budget transfer in the fer & hire amount of $100,000 be made for the purpose of hiring consultants professional services in connection with the Azusa Rock issue, and that the following firms be hired: Air Quality ............ Integrated Environmental Services Traffic Engineering ...... Berry -man and Stephenson, Inc. Geology... ..... ......Leighton and Associates Acoustical Analysis...... Gordon Bricken and Associates Further, that these reports be received. from the consultants and acted upon in a timely manner. Mayor Moses dissenting. It was consensus of Council that the Public Nuisance Appeal of Mr. Ronald Hritz be continued to the next regular meeting. Moved by Councilman Stemrich, seconded by Councilman Latta and unanimously carried by roll call to continue the Investment Policy of the City to the next regular meeting. Moved by Councilman Stemrich, seconded by Councilwoman Avila and carried by roll call that due to the League of California Cities Annual Conference scheduled for 10/16 through 10/19/88, that the regular meeting of October 17th be cancelled and that the next meeting be held on October 24, 1988. Mayor Moses dissenting. Pub Nuis Appl cont nxt mtg Investment Pol con to nxt mtg 10/17 mtg postponed to 10/24 Moved by Councilman Latta, seconded by Councilman Naranjo Proclo for and unanimously carried by roll call that a Proclamation be HOBY prepared for the Hugh O'Brian Youth Foundation (HOBY) in celebration of their thirtieth anniversary. Moved by Councilwoman Avila, seconded by Councilman Stemrich and unanimously carried by roll call that action on proposed zone change Z -88-3-A, relating to the rock quarry property, be continued to the date and time to be announced, upon receipt of evidence from the consultants regarding the rock quarry revocation proceedings; and that both items be published and notice given to property owners at that time, since a firm date cannot be established at this time. 10/03/88 PAGE THIRTEEN Action on Z -88-3-A cont to revocation action to be announced AYES: COUNCILMEMBERS/DIRECTORS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS/DIRECTORS: NONE _ ' ABSENT: COUNCILMEMBERS/DIRECTORS: NONE TIME OF RECESS TO CLOSED SESSION: 1:06 A.M. Recess to Closed Sess THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED AT Cncl & CRA 1:40 A.M. reconvened THE REDEVELOPMENT AGENCY ADJOURNED AT THIS TIME AND THE CITY CRA adj COUNCIL CONTINUED. Cncl cont. Moved by Mayor Moses that litigation actions be taken Litigation against Azusa Rock, in conjunction with the City of Duarte, of Azusa but to allow them to operate until decision is reached by Rock the court. Motion died for the lack of a second. (died) Moved by Councilman Latta, seconded by Councilman Naranjo Bdgt trans - and carried by roll call that a budget transfer in the fer & hire amount of $100,000 be made for the purpose of hiring consultants professional services in connection with the Azusa Rock issue, and that the following firms be hired: Air Quality ............ Integrated Environmental Services Traffic Engineering ...... Berry -man and Stephenson, Inc. Geology... ..... ......Leighton and Associates Acoustical Analysis...... Gordon Bricken and Associates Further, that these reports be received. from the consultants and acted upon in a timely manner. Mayor Moses dissenting. It was consensus of Council that the Public Nuisance Appeal of Mr. Ronald Hritz be continued to the next regular meeting. Moved by Councilman Stemrich, seconded by Councilman Latta and unanimously carried by roll call to continue the Investment Policy of the City to the next regular meeting. Moved by Councilman Stemrich, seconded by Councilwoman Avila and carried by roll call that due to the League of California Cities Annual Conference scheduled for 10/16 through 10/19/88, that the regular meeting of October 17th be cancelled and that the next meeting be held on October 24, 1988. Mayor Moses dissenting. Pub Nuis Appl cont nxt mtg Investment Pol con to nxt mtg 10/17 mtg postponed to 10/24 Moved by Councilman Latta, seconded by Councilman Naranjo Proclo for and unanimously carried by roll call that a Proclamation be HOBY prepared for the Hugh O'Brian Youth Foundation (HOBY) in celebration of their thirtieth anniversary. Moved by Councilwoman Avila, seconded by Councilman Stemrich and unanimously carried by roll call that action on proposed zone change Z -88-3-A, relating to the rock quarry property, be continued to the date and time to be announced, upon receipt of evidence from the consultants regarding the rock quarry revocation proceedings; and that both items be published and notice given to property owners at that time, since a firm date cannot be established at this time. 10/03/88 PAGE THIRTEEN Action on Z -88-3-A cont to revocation action to be announced SPECIAL CALL ITEMS Spec Call Moved by Councilwoman Avila, seconded by Councilman Naranjo Appvl of and unanimously carried by roll call to approve the apptmnt of appointment of Mr. Fred M. Diaz to the position of Assistant F. Diaz City Administrator, effective October 24, 1988, pending successful completion of a physical examination. past. PUBLIC PARTICIPATION Pub.Prtc. Miss Xenia Stavrinides addressed the Council stating that Comments X. she was representing a large number of citizens in the City Stavrinides by Councilman Stemrich, and wanted to welcome the Mayor back and was happy that his Stemrich's and health was stable. She presented a card of appreciation to roll call that Councilman items cont the Mayor. items as listed on the Agenda be continued to the Mr. Art Morales addressed the Council stating that he had Comments regular meeting. received a letter from the City that he had too many trees A. Morales Moved in his parkway. He has five and only two are allowed. He seconded by Councilman Latta Avila's feels that some of these trees are just off -shoots from the unanimously carried by roll call that Councilwoman other trees. He also asked whose responsibility would it be Avila's items as listed on the Agenda be continued to the to remove the trees. He said he could remove the small trees but could not handle the larger ones. Mrs. Wanda House addressed the Council stating that she Comments would like to see the Council handle business in a courteous W. House and business -like manner. She felt that the Council should set an example for all the citizens. Mr. Ronald Legault addressed the Council stating that he was Comments in accord with Mrs. House, and he would like to see the R. Legault Council work together side by side as they have done i.n the past. OTHER BUSINESS/CITY COUNCIL 0th Bus/Cncl. Moved by Councilman Stemrich, seconded by Councilman Naranjo Stemrich's and unanimously carried by roll call that Councilman items cont Stemrich's items as listed on the Agenda be continued to the to nxt mtg next regular meeting. Moved by Councilwoman Avila, seconded by Councilman Latta Avila's and unanimously carried by roll call that Councilwoman items cont Avila's items as listed on the Agenda be continued to the to nxt mtg next regular meeting. Moved by Councilman Latta, seconded by Councilman Stemrich Adjourn and unanimously carried to adjourn. TIME OF ADJOURNMENT: 1:58 A.M. NEXT RESOLUTION NO. 8522 NEXT ORDINANCE NO. 2382 i 10/03/88 PAGE FOURTEEN