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HomeMy WebLinkAboutMinutes - September 20, 1993 - CC (2)7 CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEMBER 20, 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 salute to the Flag. Call to Order INVOCATION was given by Chief of Police Byron Nelson of the Azusa Police Invocation Department. 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, Utilities Director Hsu, Director of Community Services Guattera, Acting Superintendent of Public Works Enriquez, City Librarian Maghsoudi, Redevelopment Director Cervantes, Redevelopment Project Manager Forintos, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Toscano. Ceremonial Councilman Naranjo presented a Proclamation to Catherine Contreras in recognition Proc to C. of her services to the City and community as Community Services Officer. Contreras Mr. Dave Skeeters, District Manager of the Auto Club presented a "Safety Citation" "Safety Citation" to Chief of Police Byron Nelson. to Chief Nelson Assistant Fire Chief Gary Lockhart of the Los Angeles County Fire Department Presentation re: provided a presentation on the Emergency Management Services Program which EMA Program consisted of areas of service, resources, the location of eight fire stations, specialized apparatus/units, air squads, camp crews, swift water rescues, foam units and mobile Pub Part light units. Mayor Moses recognized Mr. Tim Sinky and Mr. William Wirth, recipients of the Recg. T. Sinky Hiram Award from the Masonic Lodge. & W. Wirth Pub Part. Mrs. Darlyene Garofalo addressed Council requesting the waiver of certain fees in D. Garofalo rqst order to hold a fundraising event at the old Price Club building for Easter Seals. waive fees An item of subsequent need arose and it was moved by Councilman Dangleis, Item of subse- seconded by Mayor Moses and unanimously carried by roll call to agendize the item. quent need Moved by Councilman Dangleis, seconded by Mayor Moses and unanimously carried Waive fees/Home by roll call to waive the filing fee of $50. for the "Home Improvement Sale" Improvement Sale fundraising event to be held on October 23rd and 24th. Mrs. Donna Longtin, Real Estate Broker and owner of Sam Longtin Realtor D. Longtin oppose addressed Council in opposition to business licenses for Real Estate Agents. She to bus lic for Real stated that the Agents that work out of her office have been advised by the City that Estate Agents they need to obtain a business license in order to work in the City. She advised that the Agents have always worked under her business license as she is the broker and it had not been a requirement in the past. She further advised that if this was going to be the practice the Agents would not work in the City of Azusa. Mr. Dale Long, President of Azusa -Glendora Realtors Association addressed D. Long re: bus Council suggesting an exemption for Real Estate Agents or a Business License for lic Real Estate the Broker and a reduced fee for the Agent. Agents Discussion was held between Councilmembers and Staff regarding the business Discussion/refer license gross receipt system as it pertains to the Real Estate industry. It was to staff consensus of Council that staff pursue a meeting with representatives of the Real Estate Industry to work on a solution to the problem. Mr. Buck Gywn addressed Council with concerns regarding no parking signs that B. Gwyn re: no have been placed in the area of Fish Canyon and the Gun Club. He stated that now, parking signs when persons wish to go hiking on the trails, they have to park at Encanto Parkway, @Fish Cyn which is one and a half miles from the trails. Mr. Jim McJunkin addressed Council advising of the dangers of dust particulates in J. McJunkin re: the air in the City of Azusa. He requested that staff be instructed to investigate the dust particulates damage that dust particulates cause to the human body. Councilman Naranjo advised that there is a need to have medical experts or other Naranjo comments specialized organization investigate the matter. After additional discussion, it was consensus of Council that staff return to the next meeting with a listing of potential 'firms which can analyze the effects of dust particulates and/or possible avenues that are available in order to alleviate the problem. Ms. Lynn Van Kuilenburg addressed Council thanking all for working with the Save L. Van Kuilen- the Foothills organization during the past year and offered the City to utilize her burg comments contacts with AQMD as well as Hilda Solis' office in its investigation into dust particulates. Mr. Bill Dommoyer addressed Council with concerns regarding the Balboa B. Dommoyer Apartments, empty lots in Azusa, and the proposed International Bazaar at the old comments Price Club building. He suggested looking to neighboring cities for direction of building the city instead of tearing it down. Mrs. Darlyene Garofalo responded listing many positive activities that exist in the D. Garofalo City of Azusa. response Mr. Ralph Covell addressed Council advising of the new ranch paint ball game R. Covell re: new activity that is currently being conducted on his property/business. He requested ranch activity approval to continue the activity while he obtains necessary zoning requirements. City Clerk Solis read into the record a letter from Carrel Cline in opposition to Ltr from C. Cline 'proposed Resolution to Jim McJunkin and Lynn Van Kuilenburg. Mr. Ted Garcia addressed Council requesting the City investigate possible rat T. Garcia infestation in the hill property in the northern section of Azusa. He also suggested comments the City look into the possibility of a "Swim Center". Discussion was held among Councilmembers regarding Mr. Covell's request to continue ranch paint ball game activity until he obtain necessary zoning requirements. The matter was referred to staff. 09/20/93 PAGE TWO Discussion Covell's rgst/refer to staff J The CONSENT CALENDAR consisting of Items 1 through 14 was approved by Cons Cal motion of Councilwoman Madrid, seconded by Mayor Moses and unanimously appvd, G8, Spec carried by roll call vote, with the exception of item G-8, which was considered under Call the Special Call portion of the Agenda. 1. The Minutes of the regular meeting of September 7, 1993, were Min appvd approved as written. 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Res. 93-C114 AZUSA APPROVING APPROPRIATION AMENDMENTS FOR bdgt trnsfrs FISCAL YEAR 1993-94 PURSUANT TO SECTION 3.04.050 OF THE AZUSA MUNICIPAL CODE. 3. Staff has negotiated two agreements with SDG&E to extend the Agmts w/SDG&E Power Sales Agreement for the sale of 65 Megawatts of capacity and Power Sales associated energy to December 31, 1995, or till this capacity can be integrated. The agreements were approved and their execution authorized. 4. The City has the opportunity to participate in the Flexible Fuel Flexible Fuel Vehicle Program of the State of California, whereby the State will Vehicle/purchase waive the Sales Tax on specially -equipped vehicles from Ford. of three vehicles Formal bidding procedures were waived pursuant to the Municipal from Tuttle -Click Code and the purchase of three vehicles was approved from Tuttle- Ford Click Ford, the State -authorized dealer, in the amount of $10,674.69 each, a total of $32,024.07. 5. The firm of David M. Griffith and Associates LTD. has recently Agmt w/David M. demonstrated that the City has accumulated sufficient costs to enable Griffith & it to collect more than the price of preparing the necessary claims the Associates Sate of California reimburses local agencies. The contract with David M. Griffith and Associates Ltd. to prepare the current and prior claims under SB90 and the SB1333 on behalf of the City was approved. 6. Since the IRC Section 125 Flexible Benefit Plan was adopted, staff noted that Schedule A-1 should be increased from $1,000 to $10,000, effective August 1, 1993. The following Resolution was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Res. 93-C115 AZUSA AMENDING THE IRC SECTION 125 FLEXIBLE Flexible Benefit BENEFIT PLAN EFFECTIVE AUGUST 1, 1993. Plan 7. Parke Industries, Inc. has completed the City Facility Lighting Project Notice of Comp No. C09301 in accordance with the specifications of the contract. Parke Industries The Notice of Completion was approved; the project was accepted as complete, and the City Clerk was authorized to have same recorded. 8. SPECIAL CALL ITEM. Spec Call 9. Plans and specifications for Project LD 93-05, installation of Plans & specs underground electric conductors and devices at various locations in Project LD 93-05 the City were approved and the City Clerk was authorized to advertise for bids. 10. The City is renting a balloon to promote the Haunted House which Purchase 32' has contributed to the success of the Recreation Halloween Program. Frankenstein Since renting the balloon has not proved cost effective, formal bidding balloon procedures were waived pursuant to the Municipal Code and staff was authorized to purchase a 32' Frankenstein inflatable balloon from Creatable Inflatables in the amount of $5,304.25. 09/20/93 PAGE THREE it. The Light Division requires two high-voltage switches for installation in an underground Electric Distribution System at Azusa Pacific University by the end of October. To promote the public welfare and in accordance with the provisions of the Municipal Code, formal bidding procedures were waived and authorization was given to purchase the switches from Ingalls Power Products in the amount of $16,930.30. 12. In order to resolve a matter regarding an emergency sewer mainline stoppage claim, there is a need to reconstruct the nearest manhole. Six contractors were solicited with only two responding with proposals. Formal bidding procedures were waived and the contract was awarded to Mancha Corp., in the amount of $5,800.00. 13. There is a need to replace the water mainline on San Bernardino Road between Azusa and Cutterway, within 60 days and the construction of the four million gallon reservoir at the Canyon Filtration Plant requires the installation of an extension of existing City of Azusa mainline to the facility to provide fire protection and pressurized water service. Five informal bids were received for the project. Formal bidding procedures were waived pursuant to the Municipal Code, and the contract was awarded to Coast Pipeline Company, low bidder in the amount of $226,946.00, and execution of the contract was authorized. 14. Resolution authorizing payment of warrants by the City was adopted and entitled: Purchase of switches Agmt w/Mancha Corp. Agmt w/Coast Pipeline/replace watermain & extend mainline A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Res. 93-C116 ' AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS AND Warrants SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. Spec Call SPECIAL CALL ITEMS Councilwoman Madrid congratulated employees listed for step increase/permanent Congrats to Cty status recommendations and welcomed new employees to the City. It was then employees moved by Councilwoman Madrid, seconded by Councilman Dangleis and unanimously carried by roll call to approve Human Resources Action Items. 8. Human Resources Action Items were approved as follows: EMPLOYEE STEP INCREASE AND PERMANENT STATUS RECOMMENDATIONS. A. Torres -Sharp, Pol Dispatch Step 3 G. Gaytan, Wtr Equip Operator Step 5 NEW APPOINTMENTS R. DeShon, Jailer C. Springemann, Rcds Spec II None. 09/20/93 PAGE FOUR 09/10/93 09/05/93 Pending phys. 09/09/93 THE CITY COUNCIL CONVENED JOINTLY WITH THE Cncl convene REDEVELOPMENT AGENCY AT 9:24 P.M. jointly w/CRA JOINT PUBLIC HEARING - on a proposed sale of certain real property to be Jnt Pub Hrg acquired by the Redevelopment Agency. purch prop The Mayor/Chairman declared the Hearing open. The City Clerk/Secretary read the Hrg open affidavit of proof of publication of notice of said hearing published in the San Gabriel Valley Tribune on September 9th, and 16th, 1993. Moved by Councilwoman/Director Madrid, seconded by Councilman/Director Continued to Oct. Dangleis and carried by roll call that the public hearing on the Bowden Development 4, 1993, Mtg. Company housing project to be located at the northeast corner of Azusa Avenue and Ninth Street be continued to October 4, 1993. Councilman Alexander dissenting. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Cncl recess/CRA CONVENED AT 9:25 P.M. continued THE CITY COUNCIL RECONVENED AT 9:40 P.M. Cncl reconvened THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL. IDA/no bus DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. THE CITY COUNCIL CONVENED JOINTLY WITH THE AZUSA PUBLIC Cncl convene FINANCING AUTHORITY AT 9:41 P.M. jointly w/APFA JOINT PUBLIC HE RA ING - regarding possible issuance of revenue bonds by Azusa Jnt Pub Hrg Public Financing Authority. issue rev bonds The Mayor/Chairman declared the Hearing open. The City Clerk/Secretary read the Hrg open affidavit of proof of publication of notice of said hearing published in the San Gabriel Valley Tribune on September 10, 1993. Utilities Director Hsu addressed the Hearing stating that an entity named GES -KMS Utilities Dir III is in the process of developing an electric generation project using methane gas comments from the Azusa Landfill. The developer proposes to issue tax exempt revenue bonds through the Azusa Public Financing Authority to finance the project. The sole source of security for the bonds would be a mortgage on the project as well as revenues received from the sale of electricity generated by the project In order for the financing to receive tax exempt status under the Internal Revenue Code, a Public Hearing is required and an allocation of the State of California's private activity bond limit must be obtained from the California Debt Limit Allocation Committee. The proposed resolutions authorizing the issuance of such bonds must be received by CDLAC no later then October 1, 1993. He continued to give an explanation of each resolution to be considered. Discussion was held between Councilmembers/Directors and Mr. Joe Seruto, Discussion President of KMS Energy, Inc., regarding procedures for issuance of revenue bonds, information on the corporations involved, cost of bonds, benefits to the City, the site of the proposed facility, and the process of operation. Mrs. Rose Shupe addressed Council in favor of the proposed project R. Shupe Mr. Kit Kjelstrom, representative of the Chamber of Commerce addressed Council in K. Kjelstrom favor of the proposed project. 09/20/93 PAGE FIVE Moved by Councilmember/Director Naranjo, seconded by Councilmember/Director Hrg clsd Dangleis and unanimously carried by roll call to close the Hearing. Mayor Moses offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE ISSUANCE BY THE AZUSA PUBLIC FINANCING AUTHORITY OF ELECTRIC REVENUE BONDS (AZUSA LANDFILL GAS PROJECT) FOR THE PURPOSE OF PROVIDING FUNDS FOR THE ACQUISITION AND CONSTRUCTION OF AN ELECTRIC PRODUCTION FACILITY. 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, MOSES NOES: COUNCILMEMBERS: ALEXANDER ABSENT: COUNCILMEMBERS: NONE Chairman Moses offered a Resolution entitled: A RESOLUTION OF THE BOARD OF THE AZUSA PUBLIC FINANCING AUTHORITY AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF ELECTRIC REVENUE BONDS (AZUSA LANDFILL GAS PROJECT) FOR THE PURPOSE OF PROVIDING FUNDS FOR THE ACQUISITION AND CONSTRUCTION OF AN ELECTRIC PRODUCTION FACILITY; APPROVING A TRUST INDENTURE WHICH CREATES A TRUST ESTATE AND MAKES CERTAIN PROVISIONS THEREFOR AND FOR THE BONDS; APPROVING LOAN AGREEMENT WITH GES -KMS III; APPROVING A FORM OF BOND PURCHASE AGREEMENT; AUTHORIZING SUCH OTHER RELATED DOCUMENTS AND FURTHER ACTION AS MAY BE NECESSARY TO CONCLUDE THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS; AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH. Moved by Chairman Moses, seconded by Director Dangleis to waive further reading and adopt. Resolution passed and adopted by the following vote of the Authority: AYES: DIRECTORS: DANGLEIS, MADRID, NARANJO, MOSES NOES: DIRECTORS: ALEXANDER ABSENT: DIRECTORS: NONE Mayor Moses offered a Resolution entitled: Res. 93-C117 appvg issue rev bonds/Azusa Landfill Gas Prjt Res. 93-P8 appvg issue rev bonds/Azusa Landfill Gas Project A RESOLUTION OF THE CITY OF AZUSA DECLARING ITS INTENTION TO Res. 93-C118 REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF Declare intention/ OBLIGATIONS TO BE ISSUED BY THE CITY OR A RELATED ENTITY AND direct crtn actions DIRECTING CERTAIN ACTIONS. 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, MOSES NOES: COUNCILMEMBERS: ALEXANDER ABSENT: COUNCILMEMBERS: NONE Mayor Moses offered a Resolution entitled: 09/20/93 PAGE SIX A RESOLUTION OF THE CITY OF AZUSA APPROVING A DEPOSIT Res. 93-C119 AGREEMENT WITH GES -KMS III FOR THE REIMBURSEMENT OF CERTAIN Dep Agmt w/ EXPENSES RELATED TO THE PROPOSED ELECTRICAL GENERATING GES -KMS III PLANT. 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: I AYES: COUNCILMEMBERS: DANGLEIS, MADRID, NARANJO, MOSES NOES: COUNCILMEMBERS: ALEXANDER ABSENT: COUNCILMEMBERS: NONE THE AZUSA PUBLIC FINANCING AUTHORITY ADJOURNED AND THE APFA adjn/Cncl CITY COUNCIL RECONVENED AT 10:00 P.M. continued Ord/Spec Resos Councilman Dangleis offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Reso dnyng app] DENYING AN APPEAL BY JAMES MCJUNKIN OF THE PLANNING Azusa Rock COMMISSION DECISION TO ACCEPT THE ANNUAL REVIEW OF THE (failed) AZUSA ROCK QUARRY REQUIRED UNDER CITY COUNCIL RESOLUTION NO. 8978. Moved by Councilman Dangleis, seconded by Councilman Naranjo to waive further reading and adopt. Motion failed by the following vote of the Council: AYES: COUNCILMEMBERS: DANGLEIS, NARANJO NOES: COUNCILMEMBERS: MADRID, ALEXANDER ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: MOSES It was consensus of Council that a proclamation be prepared for outgoing Proc J. Esquivel Architectural Barriers Commission member Joe P. Esquivel. Oth Bus/Cncl Moved by Mayor Moses, seconded by Councilman Alexander and unanimously Suppt WWII carried by roll call to support Senate and House Legislation to allow WWII Filipino Filipino Vets Veterans benefits which have been denied them. Moved by Councilman Alexander, seconded by Councilwoman Madrid that a Prop reso J. Resolution be prepared for Jim McJunkin and Lynn Van Kuilenburg for their work McJunkin/L. on environmental issues. Motion failed, Councilmembers Dangleis and Naranjo Van Kuilenburg dissenting, and Mayor Moses abstaining. (failed) Moved by Councilman Alexander, seconded by Mayor Moses to support AB1751 Support AB1751 relating to residential dwellings near landfills. Motion failed, Councilmembers (failed) Dangleis, Madrid and Naranjo dissenting. Councilwoman Madrid announced that the City is currently seeking individuals for the position of Police Officer Trainee. The final filing date is October 7, 1993, qualifications consist of a high school education and 15 semester unit college level course work, must be at least 20 1/2 years of age and pay is $2,500 per month plus benefits. A workshop will be held on October 12th at 6:00 p.m., in the Civic Auditorium. 09/20/93 PAGE SEVEN Ancmt/Pol Off trainee [1 u Moved by Councilman Dangleis, seconded by Councilman Naranjo and unanimously Clsd Sess carried by roll call to recess to Closed Session to discuss the following: Real Property Negotiations (Gov. Code Sec. 54956.8), Acquisition of Edison Electric Distribution Facility. TIME OF RECESS TO CLOSED SESSION: 10:20 P.M. THE CITY COUNCIL RECONVENED AT: 10:31 P.M. Councilman Dangleis offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING STAFF TO INITIATE THE ACQUISITION PROCESS FOR CERTAIN ELECTRICAL DISTRIBUTION FACILITIES FROM SOUTHERN CALIFORNIA EDISON COMPANY. Moved by Councilman Dangleis, seconded by Mayor Moses 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 Recess Reconvened Res. 93-C 120 Initiate Acquisi- tion process Acquire Edison Facility Moved by Councilman Alexander, seconded by Mayor Moses and unanimously Adjourn carried by roll call to adjourn. TIME OF ADJOURNMENT: 10:32 P.M. CITY CLERK NEXT RESOLUTION NO. 93-C121 NEXT ORDINANCE NO. 93-C15 09/20/93 PAGE EIGHT