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HomeMy WebLinkAboutMinutes - February 1, 1993 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING FEBRUARY 1, 1993 - 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 Chief of Police Byron Nelson. Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: DANGLEIS, MADRID, NARANJO, ALEXANDER, MOSES ABSENT COUNCILMEMBERS: NONE ALSO PRESENT Also Present Interim City Attorney Barbosa, City Administrator Garcia, Chief of Police Nelson, Director of Finance Craig, Community Development Director Bruckner, City Planner Watrous, Utilities Director Hsu, Superintendent of Public Works Pedroza, City Librarian Maghsoudi, Administrative Analyst Dadaian, Redevelopment Director Steel, Redevelopment Project Manager Forintos, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Toscano. CEREMONIAL Ceremonial Mayor Moses presented a proclamation to Sister Christina Proc to Marie, OC, in recognition of her efforts to raise funds for Sister the Saint Francis of Rome Food Bank. The entire Council Christina offered its congratulations to her as well. Marie PUBLIC PARTICIPATION Presentation was given by City Librarian Maghsoudi and Jacque Duncan, Community Affairs Manager for BFI Waste System regarding the fundraising event in which BFI will match funds up to $10,000 towards the purchase of books, new technologies and programming for the City Library. They urged the business community and public to support the program. Mr. Guillermo A. Mendieta, a parent volunteer at Longfellow Elementary School addressed Council presenting a school fundraising method that the school has been utilizing to raise funds for field trips, assemblies and extra curricular activities. He stated that they have mounted a billboard on the wall at the school and have asked local businesses to sponsor signs with the business name or logo to be displayed 'on the billboard. He requested that Council consider a long-term partnership between the school and businesses, provide certificates of appreciation to sponsors of the event, and consider, as a group or individually to sponsor a sign. The cost is about $50 to $S0. Pub Part Presentation fundraising Library/ BFI G. Mendieta fundraising Longfellow School Moved by Councilman Naranjo, seconded by Councilman Dangleis Certificate and unanimously carried by roll call to prepare certificates to sponsors of appreciation for the businesses that sponsor signs and list the names of sponsors on the agenda that is displayed on cable television before each Council meeting. Ms. Mo Ching Chan addressed Council regarding the 60ft maple M. Chan trees on the 900 block of Galatea Street, in Azusa. She tree trim asked when they would be topped or if they could be removed. on Galatea It was consensus of the Council that the matter be referred to staff for handling. Ms. Jerri Potterville, Resident Manager of Hermitage II J. Potter - Apartments addressed Council requesting assistance in ville alleviating congregation of day laborers in front of the Complaints complex. She stated that they are disturbing the residents Daylaborers with noise, and other annoyances. Discussion was held between Councilmembers and staff Discussion regarding the status of the Day Laborer Center, the referred to loitering law, possible violations by the laborers and COP & Cty rights of the tenants. It was consensus of Council that Atty the City Attorney and Chief of Police work together to review the matter and report back to Council. It was also requested that all available information regarding past Day Labor proceedings be provided to Councilwoman Madrid for her review. Mr. Ron Legault addressed Council requesting that Agenda R. Legault item M-1, be brought forward, due to the many people in the comments audience that wish to address the item. Mr. Art Morales addressed Council providing a brief history A. Morales of the various trees that have been planted in Azusa's comments parkways in the past and their maintenance. The CONSENT CALENDAR consisting of Items 1 through 15 was approved by motion of Councilwoman Madrid, seconded by Councilman Dangleis and unanimously carried by roll call vote, with the exception of items G-2, G-6, G-7, G-8, G-9, G-11, G-12 and G-13, which were considered under the Special Call portion of the Agenda. Councilman Naranjo abstained on item G-10. 1. The Minutes of the regular meeting of January 18, 1993, were approved as written. 2. SPECIAL CALL ITEM. 3. Bid opening was held in the Office of the City Clerk on January 26, 1993, for Street Improvements Phase I, Project No. 92-2. Ten bids were received. The contract was awarded to Sully Miller Construction Company, low bidder, in the amount of $205,150, and authorization was given to execute the document. Cons Cal appvd, G-2, G-6 thru G-9, G-11 thru G-13 Spec Call Min appvd Spec Call Strt Imp I Sully Miller 4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93 -CII APPROVING THE TERMS AND CONDITIONS, AND AUTHORIZING THE Agmt w/ EXECUTION AND DELIVERY, OF THE SAN JUAN UNIT 3 PROJECT SCPPA AGENCY AGREEMENT BETWEEN SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY AND THE CITY OF AZUSA WITH RESPECT TO THE SAN JUAN 3 PROJECT. 5. Project LD 92-3, furnishing and installing of underground electric conduits at 500 East Gladstone ' Street, has been completed by Kelbey Construction Inc. in compliance with the plans, specifications and conditions of the contract. The project was accepted as complete, the Notice of Completion approved and authorization was given to have same recorded. 6. SPECIAL CALL ITEM. 7. SPECIAL CALL ITEM. 8. SPECIAL CALL ITEM. 9. SPECIAL CALL ITEM. 02/01/93 PAGE TWO Notice of Compl. Kelbey Contr. Inc. Spec Call Spec Call Spec Call Spec Call 10. Mr. Carrel Cline was appointed to the City of Azusa Mobilehome Park Rent Stabilization Review Board, as a "Public -Member". 11. SPECIAL CALL ITEM. 12. SPECIAL CALL ITEM. 13. SPECIAL CALL ITEM. ' 14. The City Treasurer's Report as of December 31, 1992, was received and filed. 15. Resolution authorizing payment of warrants by the City was adopted and entitled: Appt C. Cline Mobilehome Rev Brd Spec Call Spec Call Spec Call Treas Rpt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C13 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE warrants FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. SPECIAL CALL ITEMS Spec Call Discussion was held among Councilmembers and Staff regarding Discussion drug testing for employees occupying "safety -sensitive" drug testing positions in the Azusa City Employees' Association. ACEA Councilmembers had concerns with probable cause, rehabilitation policies, the affects on the morale of the employees, the absence of an agreement signed by the employee group, cost of testing, procedure, policies, and the fact that no other employee groups in the City were included as part of the drug testing program. 0 City Administrator Garcia responded stating that the purpose City Admin 1 of the policy is to enable the City to meet the requirement response of the Federal Government, for the position of bus drivers, that a drug policy be enforced. Further, that if the City doesn't comply, there will be no transit system in the City. He stated he had met with employees' and answered several questions and that there didn't seem to be a morale problem. He further stated that the program will be introduced to other employee groups at upcoming negotiations. Further, that employees will be treated with dignity in all areas of the program and that he received a verbal agreement from the employees that afternoon. City Attorney Barbosa advised that due to constitutional Cty Atty restraints by the Fourth Amendment, the matter should be Advice dealt with in a cautious manner and that further discussions with the employee groups should be held so that all involved will have a better understanding of the subject. After further discussion, it was moved by Councilman Discussion Alexander, seconded by Councilman Dangleis and unanimously item tabled carried by roll call to table the item until all concerns are met. Councilman Alexander addressed item regarding preparing a Alexander proclamation for the NAACP in memory of Justice Thurgood re: Thurgood Marshall. He offered a personal tribute to the many Marshall contributions by Mr. Marshall during his lifetime to such issues as segregation, abortion, death penalty laws and medi-care. It was then moved by Councilman Alexander, seconded by Mayor Moses and unanimously carried by roll call that a proclamation be prepared in memory of the late Justice Thurgood Marshall and presented to the NAACP. 02/01/93 PAGE THREE Councilwoman Madrid addressed item G-12, congratulating all Congrats to City employees listed for step increases. It was then moved Cty empls by Councilman Dangleis, seconded by Councilwoman Madrid and unanimously carried by roll call to approve Human Resources Action Items. 12. Human Resources Action Items were approved as follows: Pers Items EMPLOYEE STEP INCREASE AND PERMANENT STATUS RECOMMENDATIONS NAME STATUS N. Levy, Sr. Lib. Step R. Hayden, PO Step L. Hernandez, PO Step R. Gomez, Pk Mtn Wkr Step R. Montes, Sr Tr Tmr Step F. Langit, Elect Eng Step NEW APPOINTMENTS NAME/CLASSIFICATION None requested. PROMOTIONS NAME/CLASSIFICATION None requested. SEPARATIONS NAME/CLASSIFICATION None. 02/04/93 01/26/93 01/28/93 02/01/93 02/04/93 02/03/93 Step inc./ perm status Appointments Promotions Terminations Mr. Robert Lange addressed Council regarding Project No. 92- R. Lange 3, Precast Concrete Park Signs. He stated that the Prj. 92-3, successful bidder in this project is not a licensed comments contractor. City Attorney Barbosa advised that the low bidder has an Cty Atty employee or partner that he believes holds a contractor's advice license. He stated that he will immediately investigate the matter and if there are any irregularities, he will report the information to staff. He further advised to accept staff's recommendation in order to avoid delays in the project. Discussion was held between Councilmembers, staff, and Mr. Discussion Lange concerning the legality of the process, the contract requirements, bid document requirements and the bidding procedure. Moved by Councilman Dangleis, seconded by Councilwoman Concrete Madrid and unanimously carried by roll call to award the park signs contract to Quick -Crete, low responsible bidder, for seven Quick -Crete custom precast concrete park signs, in the amount of $18,830; and direct City Attorney to confirm that the low and responsible bidder qualifies. Mr. Art Morales addressed agenda item regarding the A. Morales preparation of a proclamation to the Azusa Civitan Club, comments thanking them for their years of service in the City. Civitan Club Moved by Councilman Dangleis, seconded by Councilman Proc to Alexander and unanimously carried by roll call to approve Azusa Civi- preparation of proclamation to the Azusa Civitan Club in tan Club celebration of its 55th Year Anniversary. 02/01/93 PAGE FOUR Mr. Ron Legault addressed item regarding property at the R. Legault northwest corner of Sierra Madre and San Gabriel Canyon comments Road, in opposition to the development of a passive mini - park. Moved by Councilwoman Madrid, seconded by Councilman Naranjo Dedicate and unanimously carried by roll call to dedicate the 1.49 parcel as acre parcel at the northwest corner of Sierra Madre and San mini -park Gabriel Canyon Road as a passive mini -park and allow use of available fees for development of and improvements to said site. Mr. Art Morales addressed Resolution regarding budget A. Morales transfers and requested explanation of the items listed. comments Director Finance Craig responded stating that section Dir of Fin 3.04.050 of the Azusa Municipal Code provides that when the response budget is being amended by staff it requires an appropriation amendment Resolution. He detailed the list of revenue amendment as well as appropriation amendments, listing each department and the total amounts that were transfered. He also listed vendors and amounts to be paid by the passage of the resolution. Mayor Moses offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C12 APPROVING APPROPRIATION AMENDMENTS FOR FISCAL YEAR 1992-93 budget PURSUANT TO SECTION 3.04.050 OF THE AZUSA MUNICIPAL CODE. transfers Moved by Mayor Moses, seconded by Councilman Dangleis to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, MADRID, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mr. Art Morales addressed item regarding the purchase of A. Morales Police vehicles, with several questions. comments Chief of Police Nelson responded stating that the vehicles COP response will be purchased from the general fund, they were budgeted items and the extended warranty will also be purchased. Moved by Mayor Moses, seconded by Councilman Naranjo and Purchase of unanimously carried by roll call to authorize purchase of Police five vehicles from Prestige Ford and authorize ordering of vehicles five more to be purchased from the 1993-94 budget. Moved by Mayor Moses, seconded by Councilman Alexander and Item M-1 unanimously carried by roll call that item M-1 be brought brt fwrd forward at this time for handling. PUBLIC HEARING - on appeal of annual review of the Azusa Pub Hrg Rock quarry Operation, 3901 Fish Canyon Road. Azusa Rock operation The Mayor declared the Hearing open. The City Clerk read Hrg open the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on January 20, 1993. He also read into the record one letter in opposition to the Azusa Rock quarry operation. Community Development Director Bruckner addressed the Comm Dev Dir issue detailing the history of the Azusa Rock Quarry noting comments that several conditions have been imposed through the years, which led to the annual review. He addressed issues that were discussed during the Planning Commission Public Hearing which were adequately addressed by Azusa Rock. He stated that testimony received at the Planning Commission Hearing regarding environmental and asthetic concerns 02/01/93 PAGE FIVE with the hillsides, but, other than that, no new evidence was introduced and the annual report was adequate. He stated that the Planning Commission approved the report and added that additional monitoring will be imposed, for which Azusa Rock stated they would contribute up to $5,000. He advised holding the Public Hearing to consider the following three options: 1) Concur with the decision of the Planning Commission, 2) Impose additional conditions of approval, or, 3) Direct the Planning Commission to conduct revocation hearings, based on the evidence received. Mr. Jim McJunkin, the appellant, addressed the issue stating J. McJunkin that his reasons for the appeal of the annual review were a appellant poor record of monitoring. He stated that the record never comments listed when, where, or how long the areas were monitored. Further, that dust particulates were never mentioned, there was no watering of the mountain and that he was concerned with the health of the citizens. The following people gave testimony in opposition to the Testimony Rock Quarry operation citing general environmental and received asthetic destruction of the mountains, with the exception of Mrs. Carol Montano, Director for the San Gabriel Valley Municipal Water District, who in addition to the testimony given, cited the adverse effect due to excessive siltation of the San Gabriel River. She advised that she had previously presented a document from the Regional Water Quality Control Board at a Planning Commission Public Hearing and would provide Council with the document upon request. Ms. Darlene Garofalo Mrs. Carol Montano Ms. Maxine Leicter Mr Richard Arthur Ms. Leona Klippstein Mrs Marge Wall Mr. Yogie Brenner Mr. Jim Grijalva Ms. Maureen Bowen Ms. Jeanne Brown Mr. Jerry McJunkin Ms. Caroline Snyder The following people gave testimony in favor of the Rock Quarry operation: Mr. Rick Cranford Mr. Paul Antres Mr. Carrel Cline Mr. Carrel Harris Mr. Louis Zamora Mr. Tom Davis, Senior Project Manager for Azusa Rock T. Davis addressed the issue providing background information of the Sr Prj Mgr. company and its joint venture with Cal Mat/Owl Rock, as well Azusa Rock as ownership and investors information. He cited projects that the company has recently been involved with such as Metrolink, Flood Control and Cal Trans. He addressed concerns of the public such as the status of the trails, dust problems, siltation, truck traffic control, and re -vegetation. He stated that two violations were cited regarding truck traffic and dust explaining the measures that are being taken to eliminate the problems in the future. He entered into the record a letter from the U.S. Forestry Service regarding the trails and a Dispatch Control Sheet that is utilized to control truck traffic. Additional comments were made by Leona Klippstein and Jim Mc Additional Junkin regarding access to the trails. Mr. McJunkin also comments stated that Cal Mat is a foreign corporation. 02/01/93 PAGE SIX Mr. Gene Lock of the Cal Mat Corporation addressed the Hearing providing documents proving that the company is an American corporation. After additional discussion, it was moved by Councilman Dangleis, seconded by Councilman Naranjo and unanimously carried by roll call to close the Hearing. Councilman Naranjo offered comments regarding testimony given and the conclusions he had reached as a result. Moved by Councilman Naranjo, seconded by Councilman Dangleis to affirm the annual review of the Planning Commission. G. Lock Cal Mat Corp Hrg clsd Naranjo comments Motion to affirm PC Councilman Alexander addressed the issue citing several Alexander concerns he had and recommended that the issue be sent back comments to consider revocation hearings. City Attorney Barbosa advised Councilmembers not to consider Cty Atty referring the issue to the Planning Commission for advice revocation of the quarry's special use permit, due to there being no basis at this point. He further advised that the risk of error by the City could result in an adverse condemnation action in which the City would have to buy the business from its owner. He stated that he had received legal documents from Azusa Rock's Attornies this afternoon which contain pleadings and a signed judgement amending various orders made by the court with respect to the operation. He stated that he has not had the opportunity to review the document thoughly, nor evaluation of the state of the evidence. He recommended that the Hearing be continued. Mayor Moses addressed the issue citing his concerns and Moses recommended that it be put to a vote of the people. comments 'Councilman Dangleis addressed the issue advising that the Dangleis evidence provided during the Hearing procedure should be comments considered. Councilwoman Madrid requested additional input from the City Madrid Attorney. comments At this time there was a call for the vote, motion failed, Motion Councilmembers Madrid, Alexander and Moses dissenting. failed Moved by Councilman Alexander, seconded by Councilman Hrg deli - Naranjo and unanimously carried by roll call to continue berations deliberations until March 1, 1993, in order for the City continued Attorney to review legal documents thoughly and evaluate the 3/1/93 evidence. THE CITY COUNCIL RECESSED AT 11:01 P.M. Recess THE CITY COUNCIL RECONVENED AT 11:08 P.M. Reconvened THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT Cncl convene AGENCY AT 11:09 P.M. w/CRA JOINT PUBLIC HEARING - on proposed sale of certain real Jnt Pub Hrg iproperty in the Azusa Central Business District Sale Prop Redevelopment Project. CBD The Mayor/Chariman declared the Hearing open. The City Hrg open Clerk/Secretary read the affidavit of proof of publication of notice said Hearing published in the Azusa Herald on January 20th and 27th, 1993. Moved by Councilman/Director Dangleis, seconded by Hrg Cont to Councilman/Director Madrid and unanimously carried by roll 2/15/93 call to continue the Joint Public Hearing until February 15, 1993. 02/01/93 PAGE SEVEN THE CITY COUNCIL RECESSED AND THE CONTINUED AT 11:10 P.M. THE CITY COUNCIL AT 11:16 P.M. AGENCY THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. THE CITY COUNCIL DID NOT CONVENE AS THE AZUSA PUBLIC FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. ORDINANCES/SPECIAL RESOLUTIONS Cncl recess Reconvene No bus IDA No bus APFA Ord./Spec.Res Moved by Councilman Dangleis, seconded by Mayor Moses and Prop Ord unanimously carried by roll call to table proposed ordinance Wtr effcnt requiring water efficient landscaping for new residential, landscapiing commercial and industrial construction, until the City tabled Attorney has had the opportunity to prepare the ordinance in final draft. Mr. Art Morales addressed Council questioning why a scatter- A. Morales graph was not included in the staff report for the following comments proposed ordinance. He was advised that one would be sent to him. He advised that he would pick one up at City Hall tomorrow. Councilman Naranjo offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING SECTION 3.04.050 OF THE AZUSA MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF APPROPRIATION AUTHORITY FOR THE CITY ADMINISTRATOR AND THE DIRECTOR OF 'FINANCE. Moved by Councilman Naranjo, seconded by Councilman Dangleis and carried by roll call to waive further reading and introduce the Ordinance. Councilman Alexander and Mayor Moses dissenting. SCHEDULED ITEMS PUBLIC HEARING - on adoption of Assembly Bill AS 939, California Integrated Waste Management Act of 1989. let Rdg Ord establish approp authority Sched. Items Pub Hrg AB 939 The Mayor declared the Hearing open. The City Clerk read Hrg open the affidavit of proof of publication of notice of said hearing published in the Azusa Herald on January 20, 1993. Administrative Analyst Dadaian addressed the issue stating the reason for the Hearing is to receive comment regarding the prelimimary draft of the City's Plan for AS 939, which in currently in Sacramento being reviewed by the California Waste Management Board. The law requires that Cities have to reduce trash by 25% by 1995 and by 50% by the year 2000. She advised that the City cannot count any diversion rates with incineration until 1995. Mr. Paul Water of Eugene Tseng and Associates addressed the Hearing presenting the several steps that would have to be taken in efforts to reach goals in compliance with AB 939, such as recycling, education, economic incentives, regulations and ordinances. He stated that the plan presented is a general plan and could be altered by the addition or deletion of programs according to need. Mr. Art Morales addressed the issue offering comments regarding bins already purchased by Western Disposal Company and residents that are already recycling. 02/01/93 PAGE EIGHT Admin Anyst comments P. Water Presentation A. Morales comments Moved by Councilman Alexander, seconded by Councilman Hrg clsd Naranjo and unanimously carried by roll call to close the Hearing. Moved by Councilman Alexander, seconded by Mayor Moses and AB 939 Pre unanimously carried by roll call approve the AB939 Plan and Plan appvd direct staff to proceed in developing a recycling plan for the City. Moved by Councilman Alexander to approve the request for Rent Stabi- 'compensation by the Mobilehome Rent Stabilization Review lization Board. Motion died for the lack of a second. Rvw Brd comp Discussion was held between Councilmembers and staff Discussion regarding the request and it was then moved by Councilman referred to Dangleis, seconded by Councilwoman Madrid and carried by budget sess roll call that due to lack of funding, the decision be postponed and referred to next year's budget deliberations. Councilman Alexander dissenting and Councilman Naranjo abstaining. OTHER BUSINESS/CITY COUNCIL 0th Bus/Cncl Moved by Mayor Moses, seconded by Councilman Alexander and E. Haggstrom unanimously carried by roll call to appoint Ed Haggstrom to to Vet Comm the Veteran's Committee. Moved by Councilman Alexander, seconded by Councilman Closed Sess Dangleis and unanimously carried by roll call to recess to , Closed Session to discuss the following: Personnel (Gov. Code Sec. 54957) Personnel Matters. Real Property Negotiations (Gov. Code Sec. 54956.8) Azusa Valley Water Company. Litigation or Potential Litigation (Gov. Code Sec. 54956.9) Krems Property. TIME OF RECESS TO CLOSED SESSION: 11:40 P.M. Recess THE CITY COUNCIL RECONVENED AT: 12:06 A.M. Reconvened Moved by Councilman Dangleis, seconded by Mayor Moses and Legal sys. unanimously carried by roll call to engage the services of J. Legale, Attorney John Legale to serve as Securities Counsel in the Atty, Sec acquisition of Azusa Valley Water Company. Counsel Moved by Councilman Dangleis, seconded by Councilman Adjourn Alexander and unanimously carried by roll call to adjourn. TIME OF ADJOURNMENT: 12:07 A.M. NEXT RESOLUTION NO. 93-C14 NEXT ORDINANCE NO. 93-02 02/01/93 PAGE NINE