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HomeMy WebLinkAboutMinutes - November 21, 1994 - CC (2)CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING NOVEMBER 21, 1994 - 7:30 P.M. rite 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 PRESENT: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER ABSENT: COUNCILMEMBERS: NONE Also Present rAll 116931 Interim City Attorney Barbosa, City Administrator Garcia, Captain Broderick, Community Development Director Bruckner, Finance Director Craig, Utilities Director Ilsu, 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 Hall, 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 for 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. r^ Ili 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 dotle 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 between 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 telemanagement systems. lie 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 ANNOUNCEMENTS FROM STAFF/COUNCIL 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 Councihnember Madrid congratulated Superintendent of Azusa Unified School Madrid District, Mr. Rod Gaeta for receiving the Leadership Award from the California comments Department of Education and Slate Board of Education. She also displayed the plaque of Tru -Wood Products, thanked them for corning to Azusa and noted the success they have been experiencing since they have relocated here. Iltilitics Director Ilsu addressed Council and audience inviting all to the Utilities J. Hsu Workshop to be held November 28, 1994 at the Library Auditorium. lie advised comments 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 Guarrera addressed Council and audience inviting J. Guarrera all to attend the Tree Lighting Ceremony, on December 5, 1995, at 6:30 p.m., on comments the front steps of City [fall. He advised that singers from Lee School, Azusa Ileadstart, and tentatively, the children from Light & Life Christian School will be 'attending to perforin. Further, that refreshments will be provided by the Azusa Youth Program. 11/21/94 PAGE TWO The CONSENT CALENDAR consisting of Items I 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 & G-7, which G-7, Spec Call were considered under the Special Call portion of the Agenda. 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 the other cities in (lie County of Los Angeles, agreed to participate as a co-penniuee by a permit issued to LA County and its municipalities for a five year period, which expires on lune 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. 5. Collectech Systems, Inc. has analyzed the City's potential f'or improving collection of its unpaid parking citations, utility billings and possibly lost or overdue Library materials. On a test basis, Collectech Systems has proposed to begin work on (lie 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. u Councilmember Madrid addressed item regarding Lease Agreement with Owl Rock Products for the storage of wet sand "fines" on City property, voicing her concerns 'with the possible impacts to sale of D&D Development Housing Project that is nearby. 11/21/94 PAGE THREE Agmt w/Collectech Systems Spec Call Spec Call Res. 94-C 160 Warrants Special Call Items Agmt w/Owl Rock Community Development Director Bruckner addressed the issue stating the location Com 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. Counciln►en►bers 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 AND RECOMMENDATIONS: PERMANENT STATUS human Res. Action Items NAM STATUS EFFECTIVE D. Abbott, Bus Driver Step 3 11/10/94 A. Toscano, Jailer PermStat 11/03/94 C. Pringle, St Maint Wkr Step 4 11/04/94 S. Sandoval, St Maint Wkr PermStat 11/05/94 K. Vorndran, Elee Crew Sv Step 5 11/03/94 NEW APPOINTMENTS ' J. Torres, Street Maintenance Supervisor, effective PROMOTIONS 12/05/94. R. Cortez, Line Mechanic Helper, effective 12/06/94. D 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 lirg 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. The first loan in the amount of $100,000 will be for seven years @ 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. Ile 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 Council members/ Directors 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 (lie 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 BOARD MEMBERS OF THE REDEVELOPMENT AGENCY OF THE CITY 01' AZUSA APPROVING THE DEVELOPMENT OF REAL PROPERTY AND 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 Councilmember/Director Beebe, seconded by Councilmember/Director 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/DIRE'CT'ORS: NONE ABSENT: COUNCILMEMBERS/DIRECTORS: NONE Res. 94-C161 & Res. 94-R66 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. ''rHE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL IDA No Bus DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE 'TRANSACTED. 11/21/94 PAGE FIVE THE CITY COUNCIL DID NOT RECESS AS THE A . SA PUBLIC APPA No bus FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. 7IIPI:1►Ct�O Councilmember Beebe offered an Ordinance entitled: Ord/Spec Resos. 'AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY Ord 94-017 OI; ALUSA, CALIFORNIA; PROVIDING A PENALTY I,,OR Tnu VIOLATION Enacting New THEREOF; PROVIDING FOR "1'111; MANNER OF AME=NDING SUCH CODE; Municipal AND PROVIDING WHEN SUCII CODE AND THIS ORDINANCE: SHALL Code BECOME EFFECTIVE. Moved by Councilmember Beebe, seconded by Council member Hardison to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS SCHEDULED ITEMS 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. The City Clerk read the affidavit of proof of llrg 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 Com 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 BPI. 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 the Watermaster 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. 1 11/21/94 PAGE SIX The Watermaster had recommended a number of conditions of approval if this project was to be constructed. The Planning Commission accepted some of these recommendations, 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 suited 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 Dir comments 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 Watennaster's main function, the 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 lie would like to see it. Ile 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 the drains are for vapor and not for water. He 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 the area would not make a difference. Mr. Les Bittensen, District Manager for BFI, and Mr. Richard Wayper of Kempco, L. Bittensen addressed the Hearing presenting maps of the Azusa Landfill, outlining the one acre BFI where the soil recycling facility will be placed. 11/21/94 PAGE SEVEN Mr. Bittensen advised that the AQMD has issued permits and together with the Water Board staff have approved the methodology of the soil processing facility. All site inspections and monitoring reports are public record and can be reviewed. lie 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. lie detailed the 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. lie 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 Councilmembers, staff, Mr. Bittensen, and Mr. Wayper regarding yield of product, specific operation, and testing procedures, areas that will be submitting [lie 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 life Hearing advising that the Regional Water Control Board doesn't usually get involved in these issues unless there is a discharge. Further, stating that the Watermaster has met with them and the they have the same concerns. ' Ile advised that the Walermaster 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. L. Billensen comments continued Discussion S. Johnson comments Mr. Les Bittensen re -addressed the Hearing advising that the goal is to keep rain L. Bittensen from penetrating into the area or on to the storage piles, which in this case, a tent comments type approach will be used. The outside of the tent is outside of the berm so as to keep lite water off the piles. Moved by Councilmember Madrid, seconded by Councilmember Beebe and lirg 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 item relating to purchase of new telephone & telemanagement systems stating that staff engaged the consulting firm of Wolfe & Associates to assist the City's Management Information Services Steering Committee in its search for a good solution regarding a new telephone system. lie 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 Dir of Finance comments re: new telephone system Ms. Palmer Rabey-Smith, Account Manager for A.T.&T. addressed Council and P. Rabey-Smith 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 'I'Ei-EMANAGEMENT SYSTEM TO TELCO RESEARCH. 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: 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: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: None. HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER NONE NONE Res. 94-C I62 Waive bidding purchase Telemanagcment 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 Ilelen 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 & Tucker of Rutan and Tucker to assist with Cable Television negotiations. Councilmember/Director Madrid dissenting. TIIE 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. 1 11/21/94 PAGE TEN CRA adjourn Adjourn to 11/28/94 6pm/Sluicing Workshop and L&W Workshop