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HomeMy WebLinkAboutMinutes - November 21, 1994 - CCCITY OF AZUSA MINUTES OF TIA's CITY COUNCIL REGULAR MEETING NOVEMBER 21, 1994 - 7:30 P.M. rhe City Council of the City of Azusa met in regular session at the above date and time in the Civic Auditorium. Mayor Alexander called the meeting to order and led in the salute to the Flag. Call to Order INVOCATION was given by Reverend Mark Carlson of the First Presbyterian Invocation Church. Roll Call li[I1B1[tlli't PRESENT: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER ABSENT: COUNCILMEMBERS: NONE Also Present RIJ1111A.111D. Dâ–º Interim City Attorney Barbosa, City Administrator Garcia, Captain Broderick, Community Development Director Bruckner, Finance Director Craig, Utilities Director llsu, Director of Community Services Guarrera, Superintendent of Public Works Pedroza, City Librarian Maghsoudi, Redevelopment Director Cervantes, City 'Treasurer Talley, City Clerk Solis, Office Specialist Ramirez. CEREMONIAL. Ceremonial None. None PUBLIC PARTICIPATION Pub Part. Mr. Randy Alva and David De La Zerda, addressed Council requesting that they be R. Alva, allowed to place the Nativity Scene on the front lawn of City Ball, beginning & D. DeLaZerda December 2, 1994 through the Christmas season. They advised that other cities such Nativity Scene as, Ontario, Glendora, San Marino, and Beverly Hills are also having Nativity Scenes on their front lawns. City Attorney Barbosa addressed the issue reminding Council of the memorandum he City Auy has presented to them regarding Nativity Scenes in general. Ile advised that the advise memo provided some specific examples of what has passed or been allowed under constitutional scrutiny. Mayor Alexander advised that communication was received from the Anti- Alexander Defamation League advising that they believe that the presence of religious displays comments 'on public property creates the appearance of government partiality toward the support fir a particular religion and infringes upon the principle of separation of church and state. Ile advised that .he would follow the Attorney's advice of what the law is. City Attorney Barbosa requested that the matter be deferred until he has had a City Atty chance to review the anti -defamation position and examine what other communities comments have dole regarding Nativity Scenes. Councilmember Madrid suggested that a report come back in time for the November Madrid 28th adjourned meeting so that Mr. Alva would have time to review the memo comments prepared by the City Attorney, staff could look at other possibilities for the Nativity Scene, and the City Attorney could call other cities to see how or where they are displaying their Nativity Scenes. Further lengthy discussion was held between Councilmembers and staff regarding the Discussion history of the Nativity Scene in Azusa, alternative and possible permissible sites within the City, researching other cities, possible challenges from groups like ACLU and ADL, liabilities, collection of damages, other symbolic groups, a balance hetween the establishment and free exercise, and again, exposure to liability. Moved by Councilmember Hardison, seconded by Councilmember Beebe and carried Nativity scene by roll call that the Mr. Randy Alva and Dave De La Zerda be allowed to place the appvd Nativity Scene on the front lawn of City Hall. Mayor Alexander abstaining and Councilmember Madrid dissenting. Mr. Don Clark addressed Council regarding agenda item M-2, purchase of new D. Clark telephone and teleuranagement systems. Ile recommended that the City accept the comments proposal of AT&T for the acquisition of the New Telephone System and the Telemanagement System from Telco Research. REPORTS, UPDATES, AND ANN -OUNCE ANN-OUNCEMENTS FROM STAFF/ N I Rpts/Cncl/Staff Councilmember Beebe announced the upcoming Christmas Boutique to be held on Beebe December 3rd from 10am to 4pm and urged the community to attend and wished all comments a pleasant and safe holiday season. Mayor Alexander thanked his colleagues for their cooperation during the past few Alexander months and wished all a joyous holiday season. comments Councilmember Madrid congratulated Superintendent of Azusa Unified School District, Mr. Rod Gaeta for receiving the Leadership Award from the California Department of Education and Slate Board of Education. She also displayed the plaque of Tru -Wood Products, thanked them for coming to Azusa and noted the success they have been experiencing since they have relocated here. Utilities Director Ilsu addressed Council and audience inviting all to the Utilities Workshop to be held November 28, 1994 at the Library Auditorium. lie advised That discussion will be held regarding Light & Water Department financial status, and information of power supply for the next few years. Director of Community Services Guarrem addressed Council and audience inviting all to attend the Tree Lighting Ceremony, on December 5, 1995, at 6:30 p.m., on the front steps of City Hall. He advised that singers from Lee School, Azusa Headstart, and tentatively, the children from Light & Life Christian School will be attending to perform. Further, that refreshments will be provided by the Azusa Youth Program. 11/21/94 PAGE TWO \ Madrid comments J. llsu comments J. Guarera comments The CONSENT CALENDAR consisting of Items 1 through 8 was approved by Consent Cal. motion of Councilmember Madrid, seconded by Councilmember Beebe and G -1-8,/G-6, & unanimously carried by roll call vote, with the exception of items G-6 & 0-7, which G-7, Spec Call were considered under the Special Call portion of the Agenda. 1. The Minutes of the regular meeting of November 7, 1994 were approved as Min appvd written. 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 94-C159 APPROVING APPROPRIATION AMENDMENTS FOR FISCAL YEAR Budget Transfers 1994-95 PURSUANT TO SECTION 3.04.050 OF THE AZUSA MUNICIPAL CODE. 3. To comply with the requirements of the National Pollutant Discharge NPDES Program Elimination System (NPDES) and the Clean Water Act, the City of Azusa, along with all [lie other cities in the County of Los Angeles, agreed to participate as a co -permittee by a permit issued to LA County and its municipalities for a five year period, which expires on June 18, 1995. The participation in the NPDES program for another five years in the San Gabriel water -shed was approved. 4. Bid opening was held in the Office of the City Clerk on November 8, 1994, Sewer Impvmts for "City Wide Sewer Improvements", Project No. 94-2. Seventeen bids were Grbavac Constr. received. The contract was awarded to Grbavac Construction, low bidder, in the amount of $184,158.50, and its execution was authorized. S. Collectech Systems, Inc. has analyzed the City's potential for improving collection of its unpaid parking citations, utility billings and possibly lost or overdue Library materials. On a lest basis, Collectech Systems has proposed to begin work on the City's parking citations which are now being recovered at a rate of less than 40c on the dollar. Collectech Systems has proposed an additional $38,000 or 14% with a net return of $20,100 to the City of Azusa after costs of collections. The agreement with Collectech Systems, Inc. was approved and its execution was authorized. 6. SPECIAL CALL ITEM. 7. SPECIAL CALL ITEM. 8. Resolution authorizing payment of warrants by the City was adopted and entitled: 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. 0111Die] r1l u . Councilmember Madrid addressed item regarding Lease Agreement with Owl Rock Products for the storage of wet sand "fines" on City properly, voicing her concerns 1 with the possible impacts to sale of D&D Development Housing Project that is nearby. 11/21/94 PAGE THREE Agnrt w/Collectech Systems Spec Call Spec Call Res. 94-C I60 Warrants Special Call Items Agmt w/Owl Rock Community Development Director Bruckner addressed the issue stating the location Cont Dev Dir of the operation is located sufficiently far enough away (approximately 1/2 mile), and comments that there is a height limit of 15 ft. on the piles of fines, and that no potential negative impacts are anticipated, and that if it is found in the future that the proposed activities of the leasehold are detrimental to the project, the City could terminate the lease within thirty days. After further discussion, it was moved by Councilmember Hardison, seconded by Discussion Councilmember Naranjo and carried by roll call to approve lease agreement with Owl Rock Products. Councilmembers Madrid and Beebe dissenting. Councilmember Madrid congratulated employees listed for permanent status/step Congrats to increase and promotional appointment, further, welcoming new employee to City City employees employment. It was then moved by Councilmember Madrid, seconded by Councilmember Beebe and unanimously carried by roll call to approve Human Resources Action Items. 7. EMPLOYEE STEP INCREASE RECOMMENDATIONS: D. Abbott, Bus Driver Step 3 A. Toscano, Jailer PermStat C. Pringle, St Maint Wkr Step 4 S. Sandoval, St Maint Wkr PermStat K. Vorndran, Elec Crew Sv Step 5 AND PERMANENT STATUS Human Res. Action Items 11/10/94 11/03/94 11/04/94 11/05/94 11/03/94 NEW APPOINTMENTS 1. Torres, Street Maintenance Supervisor, effective 12/05/94. PROMOTIONS R. Cortez, Line Mechanic Helper, effective 12/06/94. ; 11030-1 LEAVE REQUESTS None. THE CITY COUNCIL CONVENED JOINTLY WITH THE Cncl/CRA convene REDEVELOPMENT AGENCY AT 8:05 P.M. jntly CONTINUED JOINT PUBLIC HEARING - on proposed Owner Participation Jnt Pub Ilrg Agreement with Mr. and Mrs. Lau for the remodel and expansion of the Country Inn Lau Cafe, 607 North Azusa Avenue. 1 11/21/94 PAGE FOUR Redevelopment Director Cervantes addressed the Council/Boardmembers stating that Mr. and Mrs. Lau are interested in repurchasing the Country Inn Cafe business and doing a major interior remodel and adding a bakery facility. The proposed remodel and bakery expansion will cost approximately $150,000, which is being requested from the Agency in the form of two loans. "Phe first loan in the amount of $100,000 will be for seven years Q 8% interest to be repaid to the Agency and the second loan for $50,000 will be in the form of a deferred loan, which after seven years, if the owner fulfills the obligation of the Owner Participation Agreement, will be forgiven. lie stated that the remodeling will consist of roof repair, air conditioning system, and a kitchen facility for the bakery and the Agency does have funds in an account to cover the loan. Discussion was held between Cou nc i I members/Di rectors and staff revealing that the loan will be secured by the property, owners will put in no money, but the equity of the building, the loan is in the form of a construction loan and will list improvements, which include updating interior panels, and facade. The property does have a back door access to the parking court. If there is a change in ownership the loan will be paid in full. Testimony was solicited, but none was received. Dir CRA Cervantes comments Discussion Testimony Moved by Councilmember/Director Madrid, seconded by Councilmember/Director Ilrg closed Beebe and unanimously carried by roll call to close the Hearing. Councilmember/Director Beebe offered a Resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AND THE 130ARD MEMBERS OF THE REDEVELOPMENT AGENCY OF TIIE CITY OF AZUSA APPROVING THE DEVELOPMENT OF REAL PROPERTY IAND THE MAKING OF A COMMERCIAL REHABILITATION LOAN PURSUANT TO THAT CERTAIN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA AND HENRY AND BIK LAU. Moved by Counci lmember/Di rector Beebe, seconded by Councilmember/Di rector Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council/Agency: AYES: COUNCILMEMBERS/DIRECTORS: H A R D I S O N, MADRID, NARANJO, BEEBE, ALEXANDER NOES: COUNCILMEMBERS/DIRECTORS: NONE ABSENT: COUNCILMEMBERS/DIRECTORS: NONE Res. 94-C161 & Res. 94-1166 OPA w/Lau THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Cncl recess/ CONTINUED A'1' 8:20 P.M. CRA cont. THE REDEVELOPMENT RECESSED AND THE CITY COUNCIL CRA recess RECONVENED AT 8:22 P.M. 'TIIE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL IDA No Bus DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE 'I'RANSACTED. 11/21/94 PAGE FIVE THE CITY COUNCIL DID NOT RECESS AS THE AZUSA PUBLIC APFA No bus FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. UM1MkT1T0*MKIa will_ Councilmember Beebe offered an Ordinance entitled: Ord/Spec Resos. AN ORDINANCE ADOPTING AND ENACTING A NEW CODE: FOR THE CI'T'Y Ord 94-017 OF AZUSA, CALIFORNIA; PROVIDING A PENALTY EOR THE' VIOLATION Enacting New THERL'OI; PROVIDING FOR THE- MANNER OF AMENDING SUCH CODE; Municipal AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL Code Ii1:COM1E EFFECTIVE. Moved by Councilmember Beebe, seconded by Councilmember Hardison to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ! u. HARDISON, NARANJO, BEEBE MADRID, ALEXANDER NONE Sched Items PUBLIC HEARING - on an appeal by Main San Gabriel Basin Watermaster, on a Pub Hrg request to operate a soil recycling plant by Azusa Land Reclamation Company, 1201 Soil Recycling West Gladstone Street. Precise Plan of Design No. P-94-98. Plant The Mayor declared the hearing open. 'file City Clerk read the affidavit of proof of Ilrg open publication of notice of said hearing published in the Azusa herald on November 10, 1994. Community Development Director addressed the Hearing stating that this is an Coin Dev Dir appeal from a Planning Commission decision approving a Precise Plan of Design to comments operate a soil recycling facility on the Azusa Land Reclamation site at the Azusa Western Landfill, located in the center of the site and operated by BFI. The proposed facility would process soil which has been contaminated by petroleum- based hydrocarbons, such as gasoline or other fuels. The appeal was filed by file Walermaster whose concerns included impact created by truck activity and possible ground water contamination, the operation will be generating 34 truck trips each day which the Planning Commission considered normal considering the content of the activity at the landfill site. A number of precautions have been designed to prevent hydrocarbons with the stored soil from reaching the groundwater table of the underlying Main San Gabriel Basin. The storage area will consist of several layers of surface protection materials, including 3 inches of asphalt, 4 inches of crushed rock base, 3 separate plastic or fabric liners, and a system of collection pipes imbedded in 6 inches of sand. Tarpaulins will be used to cover the soil to protect the area from rainfall. ' 11/21/94 PAGE SIX 1 The Watermaster had reconunctided a number of conditions of approval if this project was to be constructed. The Planning Commission accepted some of these reeomnundations, including installation of appropriate drainage systems, sweeping of the site and several operational concerns. 'The Commission chose not to impose a recommendation to construct a permanent roof over the storage area, as such a structure would likely undergo settling due to the underlying landfill. Another such recommendation was to construct the storage area using concrete instead of asphalt, which was rejected because asphalt would be easier to patch if any contamination was found in the lower layers of the surface protection system. Carol Williams, Executive Officer of the Main San Gabriel Basin Watermaster, addressed the Hearing advising that the Watermaster was appointed by the Court to manage and protect the groundwater basin with regard to both quality and quantity and protect natural resources which supply water to the San Gabriel Valley. She stated that the main concerns were to take preventive measures to protect the water. She introduced Mr. Steve Johnson to address specific concerns with this project. Com Dev [)it- comments ircomments continued C. Williams, rep. Watermaster Steve Johnson, Vice President of Stedson Engineering, addressed the Hearing stating S. Johnson that the main problem with the project is the need for liners and an enclosure facility Stedson Engr. to prevent and eliminate run-off into the water table. comments Question and answer session ensued between Councilmembers and the appellants Discussion regarding the Waterntaster's main function, (lie issue of an enclosed/covered facility, or a combination of both, layers of soil, properly designed facility, concrete liner and enclosure to prevent run-off, and a monitoring system. Mr. Rick Sase, Staff Engineer, for the Watermaster, addressed the Hearing R. Sase explaining the process of the soil recycling as it is being proposed and the proposal Engineer as he would like to see it. lie advised that there should be a legal disposal site Watermaster instead of containing the soil at the site, and there will be a settlement problem because (lie drains are for vapor and not for water. lie advised that an enclosure to prevent the water run-off will solve a lot of problems. Discussion continued. Mrs. Carol Montano addressed the Hearing voicing strong opposition to the C. Montano operation of a soil recycling facility in the City of Azusa. She advised of the high comments expense of ground water cleanup and stated the natural resource of the Aquifer cannot be replaced. Discussion was held between Mrs. Montano and Councilmembers regarding the Discussion monitoring of the soil recycling facility by other agencies such as, EPA and AQMD, and alternative site for the facility. Mrs. Carol Williams of the Watermaster re -addressed the issue stating that they are C. Williams not asking to relocate the facility since the whole San Gabriel Valley lies over the comments water table and an alternative site in (lie area would not make a difference. Mr. Les Bittensen, District Manager for BFI, and Mr. Richard Wayper of Kempco, L. Bittensen addressed the Bearing presenting maps of the Azusa Landfill, outlining the one acre BFI where (lie soil recycling facility will be placed. 11/21/94 PAGE SEVEN Mr. Biliensen advised that the AQMD has issued permits and together with the L. Bitlensen Water Board staff have approved the methodology of the soil processing facility. All comments site inspections and monitoring reports are public record and can be reviewed. lie continued stated that unannounced inspections will be performed by the AQMD, Fire Department, County Sanitation District, Department of Health Services, the Los Angeles Regional Water Quality Control Board and the California Integrated Waste Management Board. Further, that required testing profiles for soils are part of the approval process. Ile detailed [lie proposed liner system design and addressed concerns regarding asphalt vs concrete stating that 3 inches of asphalt is equal to 30 inches of concrete and in this case asphalt is better for this project. He addressed concerns regarding trucks, stating that they will unload in a certain area and will not track the dirt. He advised that they will be using a canvass cover which will be placed on the entire area and won't let rainwater in. Further, that the soil will be screened and tarp will be placed on piles and the entire lined area will be covered. Ile agreed to adhere to all requirements of the Planning Commission as well as requirements of all other agencies. Question and answer session ensued between Councilmentbers, staff, Mr. Bittensen, Discussion and Mr. Wayper regarding yield of product, specific operation, and testing procedures, areas that will be submitting the soil for recycling, liner system, an EIR and negative declaration, zoning, additional bond, letter of credit, concrete vs asphalt, and maintenance program for the site. Mr. Steve Johnson of Stedson Engineers re -addressed the Nearing advising that the S. Johnson Regional Water Control Board doesn't usually get involved in these issues unless comments there is a discharge. Further, stating that the Watermaster has met with them and the they have [lie same concerns. ' lie advised that the Watern[aster is trying to help prevent a problem from occurring and they want to protect the site before there is a water run-off or a contamination issue. lie then answered additional question posed 'by Councilmembers regarding concrete vs. asphalt, canvass, the liner, and design considerations to protect the water supply. Mr. Les Bittensen re -addressed the Hearing advising that the goal is to keep rain L. Bittensen 1'rom penetrating into the area or on to the storage piles, which in !Itis case, a lent comments type approach will be used. The outside of the tent is outside of the berm so as to keep the water off the piles. Moved by Councilmember Madrid, seconded by Councilmember Beebe and Hrg closed unanimously carried by roll call to close the Hearing. After additional Council comments, it was moved by Councilmember Naranjo, Appeal denied seconded by Councilmember Beebe and carried by roll call to deny the appeal and Precise Plan uphold the approval of Precise Plan of Design No. P-94-98, as recommended by the P-94-98 Planning Commission. Mayor Alexander and Councilmember Madrid dissenting. appvd Director of Finance Craig addressed dent relating to purchase of new telephone & Dir of Finance telemanagement systems slating that staff engaged the consulting firm of Wolfe & comments re: Associates to assist the City's Management Information Services Steering Committee new telephone in its search for a good solution regarding a new telephone system. Ile system recommended contract for new telephone system be awarded to A.T.&T. and the 'contract for a telemanagement system be awarded to Telco Research and introduced representative of A.T.&T. 11/21/94 PAGE EIGHT Ms. Palmer Rabey-Smith, Account Manager for A.T.&T. addressed Council and P. Rabey-Stttitlt audience detailing the specific features of the entire proposed telephone system. She rep. A.T.&T then answered questions posed by Councilmembers. comments Mayor Alexander offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA WAIVING FORMAL SEALED BIDDING AND AWARDING PURCHASE OF A TELEMANAGEMENT SYSTEM TO TELCO RESEARCH. Moved by Mayor Alexander, seconded by Councilmember Itardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Mayor Alexander offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA WAIVING FORMAL SEALED BIDDING AND AWARDING PURCHASE OF A TELECOMMUNICATIONS SYSTEM TO THE AMERICAN TELEPHONE AND TELEGRAPH COMPANY. Moved by Mayor Alexander, seconded by Councilmember Hardison to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: I AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS None. HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER NONE NONE Iles. 94-C 162 Waive bidding purchase Telemanagement System from Telco Research Res. 94-C 163 Waive bidding purchase Tele- communications System from American Tele- phone and Tele- graph Company Oth Bus/Cncl None. THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED Cncl/CRA JOINTLY TO RECESS TO CLOSED SESSION AT 10:20 P.M. convened jntly Moved by Councilmember/Director Naranjo, seconded by Councilmember/Director Closed Session Beebe and unanimously carried by roll call to recess to closed session to discuss the following: 1 11/21/94 PAGE NINE Conference with staff regarding the status of Cable Television negotiations. Litigation or pending Litigation: City of Azusa v. World Wide Video. Real Property Negotiations: 587-647 East Foothill Boulevard, Mr. Nathan Krems and Mr. Alan Schlman, Trustee of the Helen Krems Trust. TIME OF RECESS: 10:21 P.M. Recess RECONVENED: 11:40 P.M. Reconvened Moved by Councilmember/Director Beebe, seconded by Councilmember/Director Cable TV neg. Naranjo and carried by roll call to engage Mr. William Marticorena of the Law Firm Rutan & "fucker of Rutan and Tucker to assist with Cable Television negotiations. Councilmember/Director Madrid dissenting. THE REDEVELOPMENT AGENCY ADJOURNED AT 11:41 P.M. Moved by Councilmember Beebe, seconded by Councilmember Madrid and unanimously carried by roll call to adjourn to Monday, November 28, 1994, at 6:00 P.M., for Upcoming Sluicing Project Workshop and 7:30 P.M., for L&W Workshop, in the Library Auditorium. TIME OF ADJOURNMENT: 11:45 P.M. CITY CLERK NEXT RESOLUTION NO. 94-C164. NEXT ORDINANCE NO. 94-18. 11/21/94 PAGE TEN CRA adjourn Adjourn to 11/28/94 6pm/Sluicing Workshop and L&W Workshop