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HomeMy WebLinkAboutMinutes - March 20, 1989 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MARCH 20, 1989 - 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 Call to Order salute to the Flag. INVOCATION was given by Reverend Dale Ausherman of the Invocation Berean Christian Center. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: STEMRICH, NARANJO, LATTA, MOSES ABSENT : COUNCILMEMBERS: AVILA Avila absent ALSO PRESENT Also Present City Attorney Thorson, City Administrator Fuentes, Assistant City Administrator Diaz, Chief of Police Wood, Director of Finance Craig, Director of Community Development Bruckner, 'Electric Operations Supervisor Perkins, Director of Public Works DeLoach, Director of Community Services Guarrera, City Librarian Alaniz, Redevelopment Director Steel, Business Marketing/Public Information Officer Katchen-Gall, City Treasurer Talley, Fire Chief Jones, City Clerk Solis, Deputy City Clerk Lara. Moved by Mayor Moses, seconded by Councilman Latta and Avila excused unanimously carried by roll call* to excuse Councilwoman Avila from the meeting. CEREMONIAL NONE PUBLIC PARTICIPATION Mr. Art West addressed the Council and advised that at the last City Council meeting, he had wished to speak but the time allotted for public participation had been exhausted, and that when the Mayor requested Council to extend the time, Councilman Latta stated that he did not want to hear anymore about the recall. Mr. West felt that the other side the proponents of the recall) should have been allowed to oice their views. He then stated that the City could save 30,000.00 if Councilmen Stemrich and Naranjo would resign. They could run for election again in 1990. He also requested that he be able to re -address the Council at the end of public participation to use his remaining time. Councilman Stemrich requested that a transcript of Mr. West's comments be provided for Council perusal. Ceremonial None Pub.Prtc. Comments A. West re: recall Reg for transcript Councilman Naranjo responded to Mr. West's comments by Comments stating that there were still people in the community who Naranjo supported and backed him and Councilman Stemrich and to resign their seats was premature. He felt that the recall proponents were using the recall for their own political aspirations. Councilman Stemrich also requested that Councilman Naranjo's Req for comments be included with the transcript of Mr. West. transcript Mr. John Lambrecht addressed the Council stating, in effect, Comments that the Council are stewards holding the residents' lives, J. Lambrecht past and future, in their hands. He went on to say that re: Council some decisions that staff and Council have to make are very unity difficult, and consideration has to be taken as to what is the best for the majority of the people; one such decision was the Azusa Rock quarry issue. He commended the Mayor for supporting the election of Councilmen Stemrich and Naranjo. He further stated that derision and lack of unity on the Council cause staff members to become disenchanted and leave the City. Mr. Art Morales addressed the Council stating that an Comments article that appeared in the San Gabriel Valley Tribune A. Morales cited the Mayor as saying that 400 units (dwellings) were to re: articles be built on a six acre parcel. There is no way that so many in press units could be placed on such a parcel and he did not know if the Mayor was misquoted or not. He felt this type of publicity harmed the City. Another article appearing in a Los Angeles paper quoted the Mayor as saying that after World War II, the City of Azusa stagnated. He did not agree, as at that time the City had a theater, Sears and Penney's stores and the downtown was busy. The article also said that Azusa was a joke. Azusa has never been or will be a joke, it is a fine community. 'Mr. David James, Chairman of the Forest Preservation Society Comments addressed Council reporting the Society's findings on the D. James surface mining being done at Fish Canyon. The entire canyon re: law had been turned into a wasteland. There has been no suit compliance with the surface mining laws. He also stated that they had inspected the records of the City of Azusa and discovered that the special use permits covering Fish Canyon were terminated 32 years ago and that this termination was accomplished by a vote of the Planning Commission. He stated further that on February 15th his Society sent a letter to the City asking the Council to correct the deficiencies at Fish Canyon and to bring the operation into compliance to the laws of the state of California. He elaborated on CEQA guidelines and the City's self interests on this issue. He stated that they had no alternative but to sue the City and they had filed, this date, in Pomona Superior Court. A Process Server then served the law suit by presenting it to the City Clerk. Mrs. Linda Stahl -Smith addressed the Council stating that Comments the Committee to Save the Foothills is behind the Forest L. Stahl - Preservation Society's actions, and this is one way for the Smith City Council to take this matter seriously. They have asked Azusa Rock for a copy of the conditional use permit in the past and ever received it, and they don't believe there ever was one. This suit will bring full disclosure to the citizens f the City. Mrs. Frances Gonzales addressed the Council complaining that Comments a clown was parading in front of City Hall on March 3rd, F. Gonzales with a recall sign that had five small American Flags on it. complaints She found this to be insulting and disgraceful to the Flag. of clown @ City Hall 03/20/89 PAGE TWO She further stated that the person in the clown suit was not even an American citizen and was abusing the.hospitality of our country. She went on to state that Art West a proponent of the recall was taking pictures and laughing at this incident which she felt was revolting. Mr. Louis Zamora, Chairman of the Azusa Taxpayers Association, addressed the Council stating that his group was formed to promote good government and advance the idea that unity is the single best means of assuring good government. He stated that there have been serious charges made against his group, such as signs being posted on school property and citizens receiving seven to eight calls and being harassed. He denied these accusations and stated that the other side was causing the problems by removing their legally posted signs and also making the phone calls. He went on to state that the Mayor had called their card campaign as sleazy. He felt there was nothing sleazy about a citizen learning the facts about the recall and then deciding that they wanted their names removed. He, again, requested that the Mayor take a stand regarding the recall. Mr. Glenn Watson, representing Azusa Rock, addressed Council because of the remarks made earlier regarding Azusa Rock not having a permit to do surface mining. He stated that he would be very happy to make a copy of Resolution No. 3546, adopted November 27, 1956, for Mrs. Stahl -Smith's perusal. He also stated that comments made by Mr. James that the Planning Commission terminated the permit, were erroneous, as the Planning Commission does not have the authority to do so, only the City Council. Comments made that CEQA guidelines were not adhered to are also false, as there was no CEQA in 1956, however, the former Council made provisions to protect the environment and alleviated traffic problems. As far as the writ of mandate filed against the City, which ,he was sure was also filed against Azusa Rock, he stated that the case would be well defended and, further, that the case is not worth the paper it is written on. Mr. Art West addressed the Council and read part of an editorial that appeared in the San Gabriel Valley Tribune on March 8, 1989, which stated, in essence, that the "Save the Foothills Committee" can make a good case that Stemrich and Naranjo voted wrongly in letting the Azusa Rock Quarry continue to carve up the mountainside. Councilman Stemrich stated to Mr. West that at the time Mrs. Gonzales was discussing the use of the American Flag on a recall plaque held by the clown in front of City Hall that he and Mr. Alexander were laughing. He felt that Mr. West owed Mrs. Gonzales an apology. Mr. West stated that he did not owe anyone an apology. Mr. Stephen Alexander addressed Council and stated that he did not laugh about the American Flag; that he would never do that. Mr. Stemrich still felt that they were laughing and owed Mrs. Gonzales an apology. Comments L. Zamora re: recall Comments G. Watson re: lawsuit of Forest Pres.Soc Comments A. West Tribune article Comments Stemrich Comments S. Alexander ouncilman Latta made an announcement that the American Comments ittle League had their opening last Saturday and he was Latta re: oncerned that two teams did not have sponsors. He appealed Little League to the businesses and service clubs in Azusa to consider needs spon- sponsoring these teams. sors Mayor Moses advised that he was not able to attend the New address opening as he was in the process of moving and advised his Mayor new address as 1551 Nob Hill. 03/20/89 PAGE THREE r The CONSENT CALENDAR consisting of Items 1 through 14 was Cons Cal appv approved by motion of Councilman Stemrich, seconded by G-3 Spec Call Councilman Naranjo and unanimously carried by roll call G-6 joint vote, with the exception of Item G-6, which was considered Cncl/Cra; G-1 under the Joint City Council/Redevelopment Agency portion of add'1 comment the Agenda; Item G-3 which was considered under the Special Call portion of the Agenda. Item G-13 had an additional comment made by Councilman Latta, which is stated with that item number in the body of the Minutes. ' 1. The Minutes of the regular meeting of March 6, 1989, Min appvd were approved as written. 2. The appointment of John Szabo to the position of Meter Appt J. Reader, effective March 21, 1989, was approved. One of Szabo the two meter readers approved at the last Council meeting declined to accept the position. 3. SPECIAL CALL ITEM 4. In order that technical maintenance support for the telephone system at the Senior Center be continued, GTEL requires the Tel -Assurance Service Agreement to be renewed annually. A standard maintenance contract providing on site service between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, at an annual cost of $576.00 was approved. 5. Employee step increase and permanent status recommendations were approved for the following: NAME STATUS EFFECTIVE J. Francone Step 5 03/24/89 T. Baker Step 5 03/17/89 ' D. Ramirez PermStat 03/07/89 R. Rex PermStat 03/07/89 6. ITEM TO BE HANDLED UNDER JOINT CITY COUNCIL AND REDEVELOPMENT AGENCY. 7. The City and Caltrans entered into an agreement on April 16, 1986, to share the cost of modifying the traffic signals on Azusa Avenue at Gladstone Street and Paramount Avenue. The agreement expired at the end of 1988 before a construction contract could be awarded by the City, due to delays in plan reviewing and funding revision procedures. A new agreement, No. 3919, was approved extending the date to December 31, 1990, to allow adequate time to complete the project. 8. Bid opening was held in the City Clerk's Office on March 13th for Project No. 775-88, Construction of restrooms for Civic Center Park. Four bids were received from: Mickelson & Campbell Construction Co., Brugman Management, B. Marrs Construction Co., Inc., and Pruitt Construction. The low bidder, Mickelson and Campbell, requested that its bid be removed due to the prevailing wage requirements, which were not considered in its proposal, and the request was honored. The ' contract was awarded to Brugman Management in the amount of $75,000.00, and its execution authorized. The estimate for construction for this project was $60,000.00. As a result of the low bid exceeding the budgeted amount, staff was directed to reallocate Park- in -lieu funding, presently identified for other park projects, to fund the balance of the restroom construction. Spec Call GTEL agmt @ Sr Cntr Emp step inc/ perm status Joint Cncl Cra item Agmt 3919 w/Caltrans Bid award Proj 775-88 Brugman Mngmnt & use of park in -lieu funds 9. The appointment of Mr. Al Muhlethaler to the position Appt. A. of Water Equipment Operator, effective April 3, 1989, Muhlethaler was approved. 03/20/89 PAGE FOUR 10. Public Works Department solicited Requests for Agmt w/ Proposals (RFP) for professional landscape Kobata Assoc. architectural services for the relandscaping of a arch.lndscpng portion of State Right-of-way at the I-210 Freeway I-210 & Azusa interchange at Azusa Avenue. Five firms responded to the RFP: Willdan Associates, Kobata Associates, Inc., BSI Consultants, Inc., Lawrence R. Moss and Associates and Environmental Images. The contract was awarded to Kobata Associates, Inc., in the amount of $4,010.00 and its execution authorized. ' 11. The contract for the testing and servicing of Azusa Bid award Sub -station breakers and relays was awarded to Westinghouse Westinghouse, low bidder, in the amount of $27,853.00, sub -station and its execution authorized. Bid opening was held in testing & the City Clerk's Office on March 1st and two bids were servicing received from Westinghouse and General Electric. 12. At the General Election held on November 8, 1988, the Agmt w/OSCO voters of the City approved the ballot measure imposing multiuser a tax of up to ten percent (10%), or such other amount haz waste as authorized by state law of the annual gross receipts tax for the treatment, storage or disposal of hazardous waste. Only one such facility exists in the City, Oil and Solvent Process Company (OSCO). An agreement with OSCO was approved calling for a minimum annual payment of $520,000.00 and its execution authorized. The following resolution was also adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8593 SETTING THE RATE OF AN OFFSITE, MULTIUSER HAZARDOUS setting tax WASTE FACILITIES TAX. rate 13. The City Treasurer's Financial Statement showing a City Treas. balance of $11,369,230.03, as of February 28, 1989, was Fin. Stmnt received and filed. Councilman Latta wanted to bring Expenditures attention to the fact that expenditures for February less than were marked by fiscal restraint; a total of $3,573,550 last year was spent during the month compared with $4,266,355 for the same month a year ago. Thus, we have cut our expenditures by almost $700,000. 14. A resolution authorizing payment of warrants by the City was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8594 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE Warrants FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT Cncl convened AGENCY AT 8:25 P.M. w/CRA In conjunction with the redevelopment project area merger, Redevelopment all taxing agencies were consulted to ascertain fiscal Project Area impact. No agencies, except the County of Los Angeles, Merger tfgency equired that an agreement be drafted to identify possible iscal impact. The agreement must be considered by both the and the Council prior to its presentation before the Los Angeles County Board of Supervisors. Director Latta offered a resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF Res. #558 AZUSA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AN AGREE- appvng Agmt MENT FOR ALLOCATION OF TAX INCREMENT FUNDS" BETWEEN THE w/County re: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, THE CITY OF allocation AZUSA, AND THE COUNTY OF LOS ANGELES. of tax incre- ment funds 03/20/89 PAGE FIVE Moved by Director Latta, seconded by Director Stemrich to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: STEMRICH, NARANJO, LATTA, MOSES NOES: DIRECTORS: NONE ABSENT: DIRECTORS: AVILA Councilman Stemrich offered a resolution entitled: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8595 APPROVING THAT CERTAIN AGREEMENT ENTITLED "AN AGREEMENT appvng Agmt FOR ALLOCATION OF TAX INCREMENT FUNDS" BETWEEN THE w/County re: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, THE CITY OF allocation AZUSA, AND THE COUNTY OF LOS ANGELES. of tax incre- ment funds Moved by Councilman Stemrich, seconded by Councilman Latta to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: AVILA The Mayor/Chairman was authorized to execute all necessary documents in conjunction with said agreement. An analysis performed by Management Services Institute, and Poss bond the City's Master Plans for its sanitary sewer, storm drain, issue for streets and highways, and water systems, concluded that City's in- sufficient funds do not exist with which to pay for frastructure immediate and long-term needs for the upgrading, repair and maintenance of these vital components of the City's infrastructure. It was recommended that the Council/Agency 'designate an underwriter to look into the feasibility of a bond issue for this purpose. The bonds would be issued by a financing authority and would be paid by revenue from various fees, charges and taxes of the City. It was then moved by Councilman/Director Latta, seconded by Creation of Councilman/Director Naranjo and unanimously carried by roll a financing call* that consideration of a financing authority to issue authority & bonds or certificates of participation to fund improvement agmt for un - projects to eliminate deficiencies, as stated, be approved derwriter and to authorize the execution of an agreement to provide Chilton & underwriter's services with the firm of Chilton and O'Connor O'Connor. City Attorney/General Counsel advised that the action taken Comments tonight was just the first step, authorizing staff to Cty Atty/ prepare the necessary documents and information, and that Genl Cnsl before any formal action is taken it would be returned to the Council/Agency for review. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONTINUED AT 8:31 P.M. itHE CITY COUNCIL RECONVENED AT 8:35 P.M. THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Councilman Latta offered a Resolution entitled: 03/20/89 PAGE SIX Cncl recessed CRA cont. Reconvened No bus IDA Ord./Spec.Res A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8596 DENYING THE APPEAL OF WYNN OIL.COMPANY AND APPROVING PRECISE denying appl PLAN OF DESIGN NO. P-88-237 FOR THE PROPERTY LOCATED AT 1151 of Wynn Oil WEST FIFTH STREET. & appvng Pre- cise Plan Moved by Councilman Latta, seconded by Councilman Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: NARANJO, LATTA, MOSES 'NOES: COUNCILMEMBERS: STEMRICH ABSENT: COUNCILMEMBERS: AVILA Public Hearing was held on this matter at the March 6th Council meeting. At the Council meeting of March 6th, Council approved the Waiver to waiver to sell beer at Memorial Park by the Manresa Council sell beer 3522 Knights of Columbus. The following documents were @ Mem'1 Pk presented in order to implement that request. Councilman Naranjo offered an Urgency Ordinance entitled: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Urg. Ord AZUSA AMENDING SECTION 8.52.136 OF THE AZUSA MUNICIPAL CODE 2396 amending RELATING TO CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC. AMC re: alco- holic bev in Moved by Councilman Naranjo, seconded by Councilman Stemrich public to waive further reading and adopt. Ordinance passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: AVILA 'Councilman Naranjo offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st rdg Ord AMENDING SECTION 8.52.136 OF THE AZUSA MUNICIPAL CODE amending AMC RELATING TO CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC. re: alcoho- lic bev in Moved by Councilman Naranjo, seconded by Councilman Stemrich public and unanimously carried by roll call* to waive further reading and introduce the Ordinance. Councilman Stemrich offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. #8597 APPROVING THE SERVICE AND CONSUMPTION OF ALCOHOLIC BEVERAGES appvng svc & BY THE MANRESA COUNCIL 3522 KNIGHTS OF COLUMBUS, AT MEMORIAL consumption PARK DURING THE PERIOD MAY 5 THROUGH MAY 7, 1989. of alcohol by Manresa Moved by Councilman Stemrich, seconded by Councilman Latta Cncl @ Mem'1 to waive further reading and adopt. Resolution passed and Park adopted by the following vote of the Council: AYES: COUNCILMEMBERS: STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: AVILA CHEDULED ITEMS Sched. Items PUBLIC HEARING - to receive and consider all evidence and Pub Hrg reports presented relating to fees and charges for various fees & chgs City services. for Cty secs 03/20/89 PAGE SEVEN The Mayor declared the Hearing open. The City Clerk read Hrg opened the affidavit of proof of publication.of notice of said Hearing published in the San Gabriel Valley Tribune on March 10, 1989. City Administrator advised that after reviewing the Need for documents to be presented tonight, that some modifications modifications needed to be made and would take in excess of two weeks to finalize them. It was then moved by Councilman Latta, seconded by Referred back Councilman Stemrich and unanimously carried by roll call* to to staff refer the matter back to staff and that a new Public Hearing be scheduled and advertised as required by law. PUBLIC HEARING - extending a moratorium prohibiting the Pub Hrg issuance of land use entitlements for all multi -family mor. multi - residential uses within the City. family uses The Mayor declared the Hearing open. The City Clerk read Hrg opened the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on March 8, 1989. Community Development Director Bruckner addressed this item Comments stating that according to state law, the City could extend Bruckner the moratorium for another year. He advised that the Planning Commission has rezoned certain areas of the City, but that more time is needed to complete their studies and requested that the moratorium be extended. Mayor questioned the R3a zone; the meaning of detached or Comments unattached condominiums; lot sizes and other questions Moses relating to condominiums. Community Development Bruckner responded to his concerns. ,Mr. Charles Key addressed this item stating that he was in Comments favor of the moratorium as he felt that there were too many C. Key apartments and condominiums in the City, and our schools were overcrowded. Mr. Art Morales addressed this item stating that he was in Comments favor of a moratorium for apartments, however, condominiums A. Morales were acceptable. He further stated that some apartments are needed, such• as the senior citizen apartments on the old school site, and the Casden project, downtown, which will be more like condominiums than apartments. Ray Zavala addressed this item stating that he was undecided Comments about his feelings regarding this moratorium. He stated R. Zavala that the apartments behind St. Frances of Rome Church were a problem, as the police were always there for either burglary, drugs etc. He preferred single family homes to be built in the City. Mayor Moses stated that condominiums and apartments cause Comments more police problems and parking problems. Moses Mr. Ray Zavala addressed this item again, stating that the Comments building of apartments and condominiums should have been R. Zavala stopped many years ago. We should have more single family Comes. ouncilman Stemrich stated that the present Council has been Comments trying to stop the proliferation of apartments in the City. Stemrich That previous Councils allowed this type of building, and they should have put a stop to it. Moved by Councilman Latta, seconded by Councilman Stemrich Hrg closed and unanimously carried by roll call* to close the hearing. 03/20/89 PAGE EIGHT Councilman Latta stated that many years ago, previous Councils allowed too much R3 zoning in the City. That this Council was now trying to correct the problems. He further stated that condominiums do bring new people into the community and they establish roots, and take pride in ownership. He recently purchased a condominium in the City. He requested that staff research methods to reduce the number of apartments in the City. ,Lengthy discussion was held between Council and Community Development Director Bruckner regarding density, single family dwellings, lot sizes and other matters of zoning laws. Mayor Moses then offered an Urgency Ordinance entitled: Comments Latta General discussion AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Urg. Ord AZUSA EXTENDING A MORATORIUM PROHIBITING THE ISSUANCE OF #2397 LAND USE ENTITLEMENTS FOR ALL MULTI -FAMILY RESIDENTIAL USES extending WITHIN THE CITY OF AZUSA. moratorium Moved by Mayor Moses, seconded by Councilman Latta to waive further reading and adopt. Ordinance passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: AVILA Prior to the next item being discussed, which dealt with the Advice of Edwards Drive -In Theater, City Attorney advised that last Cty Atty year when the admissions tax issue was brought up, the re: movie Council could not vote on it, as they had all received movie passes - No passes from Edwards Theaters, and that constituted a conflict of conflict of interest. He further reminded them of the Fair interests as Practices Commission ruling, that if any one had passes were IPoliticial received more than $250.00 in gifts from the applicant returned during the last year they could not vote on this issue. However, if they had returned the passes prior to this evening's meeting, or had not used them to the extent of $250.00, they would be able to vote. The Councilmembers then advised the City Attorney that their passes had not been used and that they had returned them to the applicant. Director of Community Development Bruckner then addressed Swap Meet this issue, stating that negotiations were held between report staff and Mr. Jim Edwards to overcome the problems that have Bruckner been created by the swap meet, and to discuss the proposal of conducting a swap meet on Saturdays in addition to Sundays. Many points of agreement were decided, which are embodied in a Memorandum of Understanding. The approach selected that would best address the issues and would best protect the City's interests, would be the application by Edwards Theater of a conditional use permit, legalizing the Sunday swap meet and approving the additional Saturday swap meet. The points contained in the MOU would become conditions of approval to the conditional use permit, which would be subject to revocation if the conditions were not met. He elaborated on the various points in the MOU, such as health permits, parking, vendor stalls and annual impact ees of $150,000.00 for Sundays and $100,000.00 for aturdays for the first year, and $150,000.00 thereafter. Questions arose regarding signage and red curbing on Alosta Signage on and sales tax proceeds through resale permits. Alosta Director of Finance Craig advised that the sales tax would Comments be tracked down through the State Board' of Equalization. Craig That, currently, it was suggested that each seller be registered with the City prior to commecing business at the swap meet. 03/20/89 PAGE NINE Mr. James Edwards advised that he had spent a lot of time with staff members discussing all the items. He would cooperate with the City regarding the sales tax issue and hopefully reach a satisfactory solution. He agreed with all the points in the MOU, save one, that being the three year limit on the conditional use permit. He felt that with all the costs involved in upgrading the swap meet, three years would not fully amortize those costs. He wanted a future beyond the three year period. Discussion ensued between Council and Mr. Edwards regarding the use of the Krems property for parking and if Mr. Krems had been approached to sell the property; amount of vendors at the swap meet and parking spaces within the complex itself; number of people attending the swap meet; assurances that all repairs will be made; whether or not Mr. Edwards would be willing to absorb the costs for signage on Alosta, and he agreed to do so; and receiving reimbursement for direct costs by using police patrolling the area; emergency evacuation plans and other items of importance. Comments J. Edwards General discussion Los Angeles County Fire Chief Jones responded to questions Comments regarding emergency evacuation at the swap meet and advised LA Cnty Fire that he had toured the area and would be evaluating the Chief system. He stated that they routinely inspect all businesses at least once a year, by law. Discussion was held regarding an incident that occurred at General the swap meet, wherein a gentleman had had a heart attack at discussion the snack bar and the para -medics could not drive in and had to go in on foot. Mr. Ray Zavala addressed this item stating that at the Town Hall meeting he bitterly opposed the swap meet, because of all the vehicles parking at the St. Frances of Rome parking lot. However, since that time Mr. Edwards had taken care of the problem. He also stated that the swap meet now has security guards and that they have been policing the area of the church and the Krems property, picking up litter and debris. He now supported Mr. Edwards, and felt that he was making an effort to reconcile the problems and that in time would solve all the problems, plus bring in extra revenue to the City. If they did not comply then the City could shut them down. Mr. Ted Garcia addressed this item stating that he was shocked to read that the swap meet might be open on both Saturdays and Sundays. He felt that this decision should be made by the citizens of Azusa and that the matter be placed on the ballot. He did not feel the swap meet was in the best interests of Azusa as it did nothing for our image, that the property needed improvement. Comments R. Zavala Comments T. Garcia Mr. Ray Zavala addressed the Council, again, stating that Comments the Krems property has been deteriorating for years and R. Zavala wondered why the Council did not do something to get Mr. Krems to rehabilitate it. City Administrator Fuentes responded to Mr. Zavala's Comments question and advised that the property is very expensive to Fuentes uy, and that there has been no interest from developers to pgrade the area. If a developer were interested, City intervention would be necessary, and the City does not have the money to do that. The City is here to help, and a lot of redevelopment is happening, but there is only so much that the City can do. The owners should clean up their own property. The rental inspection program and the landscape maintenance ordinance will enable the City to police properties that are not up to standard. 03/20/89 PAGE TEN Mr. Art Morales addressed the Council stating that a Comments developer should be secured for the Krems property and that A. Morales the City enter into a contract to secure the property through eminent domain, and that the costs for the property would be determined by the courts. With regard to the swap meet issue, he felt that Mr. Edwards would upgrade the property and comply with all conditions. However, he felt that more rest rooms were needed, as well as trash receptacles and bicycle racks. City Attorney advised the Council that all the terms and Comments conditions as stated in the MOU would be incorporated in the Cty Atty conditional use permit, after the Planning Commission holds the necessary hearings. If their action is appealed, then the Council would review the matter. General discussion was held regarding the Public Hearing Discussion process and that notices of the hearings, besides being published in the legal section, also be advertised in the Azusa Herald, San Gabriel Valley Tribune and the Los Angeles Times and that the matters discussed this evening be presented to the Planning Commission; further that Mr. Edwards' absorbing the cost of the signage on Alosta Avenue be incorporated in the conditional use permit and also the placement of drinking fountains at the site. It was then moved by Councilman Stemrich, seconded by Referred to Councilman Latta and unanimously carried by roll call* to Ping Comm refer the matter of the swap meet to the Planning Commission for Hrgs. for the necessary hearings. Moved by Councilman Latta, seconded by Councilman Naranjo and unanimously carried by roll call* to approve the preparation of a Proclamation for Architecture Week, April 9th through the 15th, 1989. Community Development Director Bruckner presented a status report on the Azusa Landfill expansion. He stated that the City of Azusa is not in a decision making role in this matter. The ultimate authority to decide whether or not the permit should be approved lies with the State Water Resources Control Board. He further advised that the landfill proposes to add an 80 mil thick synthetic plastic liner between the trash and a clay liner in order to protect the groundwater. He stated that no evidence has been found that the landfill is the source of present water contamination. Councilman Latta requested that Mr. Bruckner explain the term "decision making body." He responded that the City of Azusa could not issue the permit to the landfill that only the State Board could do so; the City of Azusa could participate in the proceedings, but could not be the body deciding whether or not the expansion were to be approved or not approved. The Mayor questioned if toxic waste was being dumped at the landfill and what class it was categorized. He was advised that the facility was a Class III, which meant that no hazardous waste can be accepted for disposal. ' Since there was a problem with the microphone, it was consensus of Council that a recess be taken in order to have the matter looked into and corrected. TIME OF RECESS: 10:25 P.M. THE CITY COUNCIL RECONVENED AT 10:37 P.M. 03/20/89 PAGE ELEVEN Proclo for Architecture Week Status rpt Azusa Land- fill Bruckner Comments Latta Comments Moses Microphone probs Recessed Reconvened Mr. Rick Spencer, Manager of the Azusa Land Reclamation, addressed the Council stating that he has been the Manager at the landfill since September of 1987, when the parent firm of Browning Ferris Industries purchased the stock in the Azusa Land Reclamation Company. He advised of the many environmental controls that they initiated since they took over the landfill, manner of checking trash that comes in so as not to have hazardous waste, and the methane gas control systems. 'Mayor Moses stated that the landfill had been denied expansion and since then started to upgrade their systems, and asked if this were not true. Mr. Spencer advised that the prior owners had applied for expansion and had been denied, and that since BFI came in they were upgrading the system. At this point, he presented slides for Council review of the proposed liner to be placed at the site to protect the groundwater. As the slides were presented, a narrative was given by Joan Lundy, geologist, who has been working on the project for over five years. Samples of the liner were also distributed. Discussion ensued regarding other landfills using this system and Ms. Lundy advised that the Bradley Landfill was presently using this system, but without the high density polyethylene liner. They proposed to use it in Azusa, as an added safeguard. Discussion was held regarding methane gas controls and other dump sites using the liners. Mr. Spencer, again, addressed the Council stating that the State of California has established criteria for all landfill operations. Mayor Moses advised him that he took offense at his operation, as he did not put in all the sophisticated 'systems until he was denied a permit by the State. Councilman Naranjo advised that BFI had only recently taken over the landfill, in September of 1987, and had been striving to upgrade it ever since. That BFI is not responsible for the past owners. Mr. Spencer advised that BFI had not applied to the State for the permit, the past owners had done so. That they came in after the permit had been in process. And when it had been denied, they decided to resubmit their design to the State. He elaborated on the many improvements and safeguards they have incorporated, as well as proposed landscaping on Gladstone, and presented renderings for Council review. Question arose about the term "expansion", when in fact, the landfill was not expanding, only using that portion of the landfill that had been excluded by the Regional Quality Water Board, some time ago. The term expansion came into being, because of the complete redesign of the landfill that was presented to the State Board. The acreage has not changed, however, the floor elevation of the landfill has been lowered by 25 feet. Discussion was held regarding the liner itself; and if the State denied the permit, then the landfill would cease to operate within a year; methane gas escaping; chemicals in the water table; and what the residents would do with their trash if the landfill closes down, which is a problem all over California, not just Azusa. Armando Camarena addressed the Council stating that approximately four years ago, the City Council approved a 20 foot berm for the land reclamation, which would have extended the life of the landfill for 20 years. He now wondered if they were in violation, since they state the landfill will close within one year. 03/20/89 PAGE TWELVE Comments R. Spencer of Landfill Comments Moses and slide presentation by Azusa Landfill General discussion Comments R. Spencer Comments Moses and Naranjo Comments R. Spencer Definition of expansion General discussion Comments A. Camarena After lengthy discussion, it was moved by Mayor Moses, Cty to act as seconded by Councilman Latta and carried by roll call* that intervenor the City of Azusa act as an intervenor to oppose the to oppose expansion of the landfill. Councilman Naranjo dissenting. expansion The California Health and Safety Code sets out specific guidelines for the review of projects which involve the handling or treatment of hazardous wastes. (Oil and Solvent Process Company Wastewater Treatment Plan Application) Included in the review process is the establishment of a 'committee, "The Tanner Committee", to contain seven members to be appointed by the City Council. Appointments must be made within 90 days of the filing of application, which in the case of OSCO was January 13, 1989. The committee is required to be appointed by April 13, 1989. Three members shall be from the community at large, two members shall be from environmental or public interest groups, and two members shall be from affected businesses or industries. Need for Tanner Comm to review handling of haz waste It was then moved by Councilman Latta, seconded by Mayor Publicize Moses and unanimously carried by roll call* that need for comm announcement be made tonight and in the press regarding members these appointments, and that names be submitted to Council for action. SPECIAL CALL ITEMS For the past several years the City has disposed of its surplus or abandoned property by way of public auction, which either lost money or showed very little profit for all the efforts involved; such as planning, tagging all items, advertising, salaries, etc. Staff has contacted two auction companies which perform these services and recommends use of ,Nationwide Commercial Auction Systems in the City of Industry. Their commission is only 10% leaving only transportation costs to pay from the 90% remainder for moving property to their site. Mr. Art Morales requested that this item be removed from the Consent Calendar as he had comments to make, however, prior to discussing the item, he made comment on the fact that he had not been allowed to speak on the landfill expansion item. He stated that the public should have been made aware of the complexity of the landfill issue and there should have been a public forum. He then addressed the item in question. He felt that this item should be tabled until input could be received from the community. He said the people in the community look forward to this auction once a year, and that if costs were prohibitive, to have our own auction, perhaps, citizens of the community could volunteer their time to operate the auction. Spec Call Use of public auction for Cty's surplus propty Comments A. Morales Moved by Mayor Moses seconded by Councilman Naranjo and Appv use of unanimously carried by roll call* to approve the use of Nationwide Nationwide Commercial Auction Systems, to auction city Comm Auction surplus or abandoned property at public auctions held at Systems for 13005 East Temple, City of Industry. propty disp. OTHER BUSINESS/CITY COUNCIL Oth Bus/Cncl� =Moved by Councilman Latta, seconded by Mayor Moses and Proclo for unanimously carried by roll call* to approve the preparation Ed Conley of a Proclamation honoring retiring Athletic Director Ed Conley from Citrus College. Moved by Councilman Stemrich, seconded by Mayor Moses and Plaque for unanimously carried by roll call* that a plaque be prepared A. Banuelos for presentation to Alex Banuelos, Azusa youth, for his honesty in returning lost wallet to rightful owner. 03/20/89 PAGE THIRTEEN Moved by Councilman Latta, seconded by Mayor Moses and Proclo for unanimously carried by roll call* to approve the Deacons presentation of a Proclamation commending the Deacons on their 41st anniversary. Councilman Naranjo offered a resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA TO RECESS TO CLOSED SESSION ON MARCH 20, 1989, PURSUANT TO THE PROVISIONS OF GOVERNMENT CODE SECTION 54957 AND MAKING 'FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a). Moved by Councilman Naranjo, seconded by Mayor Moses to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: STERMICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: AVILA TIME OF RECESS TO CLOSED SESSION: 11:50 P.M. THE CITY COUNCIL AT 12:06 A.M. A request for a Proclamation in honor of the Miss Azusa Pageant was presented for Council consideration. This request was not placed on the Agenda, and City Attorney apprised the Council, that action could be taken on this item, since it arose after the Agenda was posted and there was a need to act on it prior to the next Council meeting, as the Pageant is scheduled for April 1st, 1989, and the next Council meeting is April 3rd. It was then moved by Couniclman Naranjo, seconded by Councilman Latta and unanimously carried by roll call* to approve the preparation of a Proclamation in honor of the Miss Azusa Pageant. Res. #8598 Closed Sess Recess Closed Sess Reconvened Proclo for Miss Azusa Pageant not on Agenda but found acceptable to take action Moved by Councilman Latta, seconded by Councilman Stemrich Adj to 3/27 and unanimously carried* to adjourn the meeting to March 27, to meet 1989, 7:30 P.M., at the Library Auditorium to meet with the w/Plug Comm Planning Commission. TIME OF ADJOURNMENT: 12:11 A.M. ITY CL RK' NEXT RESOLUTION NO. 8599 NEXT ORDINANCE NO. 2398 * Indicates Councilwoman Avila absent 03/20/89 PAGE FOURTEEN