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HomeMy WebLinkAboutMinutes - December 5, 1994 - CC (2)CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING DECEMBER 5, 1994 - 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 Alexander called the meeting to order, and led in the salute to the Flag. Call to Order INVOCATION was given by Reverend Rick Mac Donald of the Foursquare Gospel Invocation Church. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER ABSENT : COUNCILMEMBERS: NONE ALSO PRESENT: Also Present Interim City Attorney Barbosa, City Administrator Garcia, Chief of Police Nelson, Captain Broderick, Director of Finance Craig, Community Development Director Bruckner, Senior Planner Watrous, Utilities Director Hsu, Director of Community Services Guarrera, Superintendent of Public Works Pedroza, Redevelopment Director Cervantes, City Treasurer Talley, City Clerk Solis, Deputy City Clerk Toscano. CEREMONIAL Ceremonial None. None PUBLIC PARTICIPATION Public Mrs. Vera Mendoza, Executive Director of the Chamber of Commerce, addressed V. Mendoza Council and audience wishing all Holiday Greetings on behalf of the Board of Christmas Directors and members of the Chamber of Commerce. She thanked the Business Greetings/ Community, Decorations Committee, and the City for their part in supplying and Thank you displaying the Holiday decorations that line the City streets. Mr. Gilbert Becerril addressed Council requesting that the City recognize local G. Becerril organizations who sent Christmas baskets to the City's adopted Marines, 2nd Battalion, recognition 7th Marines. He advised that he has received much support from local organizations local organizations with regard to the American Supporting America Program. Staff was directed to send support ASA letter of thanks and appreciation to the following: Azusa Police Officers Association, Military Order of the Purple Heart, Society of the 173D Airborne BDE., Democratic Club of Azusa, Azusa Chamber of Commerce, V.F.W. Post 18070 & Aux. Post "8070, ' and the American Legion Post "180 & Aux. Post"180. Mr. Ron Legault addressed Council advising that he was speaking on behalf of Sister R. Legault Christina Marie of the Azusa Food Bank. He requested additional funding for the Food Food Bank/ Bank or that the City place the thermometer on the front lawn of City Hall to raise RR crossing funds for the Food Bank. On his own behalf, he voiced concerns regarding the railroad crossing rubber pads on San Gabriel Boulevard/Azusa Avenue. Staff was directed to place the thermometer on the front lawn of City Hall to help raise Thermometer funds for the Azusa Food Bank and Mr. Legault was advised that the railroad crossing front lawn ® San Gabriel Boulevard was governed by Metropolitan Transit Authority, who have advised the City that the rubber padding is included on their maintenance schedule for 1995. Councilmember Beebe thank all for attending the Tree Lighting Ceremony and wished Beebe everyone a Happy Holiday. Thanks Councilmember Madrid offered congratulations to Superintendent of Azusa Unified Madrid School District, Mr. Rod Gaeta for receiving the Leadership Award from the California Congrats/Rod Department of Education and State Board of Education. She also advised that the Gaeta/ California Regional Water Quality Control Board is currently holding hearings on Hrgs re:BFI whether BFI should continue to accept municipal solid waste at their landfill and that today's hearing was continued to next month. The CONSENT CALENDAR consisting of Items 1 through 14 was approved by Consent Cal. motion of Councilmember Madrid, seconded by Councilmember' Beebe and appvd, G-7, unanimously carried by roll call vote, with the exception of items G-3, G-4, and G-7, Special Call which were considered under the Special Call portion of the Agenda. 1. The Minutes of the regular meeting of November 21, 1994, were approved as Min appvd written. 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 94-C164 APPROVING APPROPRIATION AMENDMENTS FOR FISCAL YEAR 1994- Appropriation 95 PURSUANT TO SECTION 3.04.050 OF THE AZUSA MUNICIPAL CODE. amendments 3. SPECIAL CALL ITEM. Spec Call 4. SPECIAL CALL ITEM. Spec Call 5. Bid opening was held in the Office of the City Clerk on November 22, 1994, for the purchase of eighteen 25 KVA single phase, pole -type transformers for stock Purchase of to replenish the City's future requirements. Five bids were received. The Transformers purchase of the eighteen transformers was awarded to Wesco Utility, low bidder, Wesco Utility in the amount of $11,123.82. 6. On July 5, 1994, two bids were received for Civic Auditorium Window Civic Auditorium Replacement, the low bid was $18,782.00. On October 4, 1994, the Contractor Window replace - advised that he was unable to perform work as specified. On October 17, 1994, ment/staff directed authorization was given to re -bid the project and on November 14, 1994, one bid to solicit informal was received in the amount of $41,170.00. Since both bids were well over quotes budget, all bids were rejected, formal bidding procedures were waived pursuant to the Municipal Code and staff was authorized to solicit informal quotations. T SPECIAL CALL ITEM. Special Call 8, The City entered into an agreement with Blue Bird Bus Company for a Lease/Purchase lease/purchase of two transit vehicles in July, 1990. The final payment is Agreement w/ scheduled to be made on January 16, 1995. Under the terms of the agreement, Blue Bird Bus the City can purchase the vehicles for $1 each plus transfer costs. Staff was given Company authorization to arrange for the necessary paper work to purchase the vehicles and also to transfer same to city inventory. 12/05/94 PAGE TWO 9. On October 17, 1994, Council approved the purchase of a minicomputer and Purchase hardware network hardware and software for the Light & Water Department from Hewlett software for L&W Packard in the amount of $59,900.00, plus tax and freight. However, the network minicomputer application software site license will be less expensive if the City purchases it WRQ Reflection directly from WRQ Reflection, which is the manufacturer. The following Resolution was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 94-CI65 WAIVING FORMAL SEALED BIDDING AND AWARDING PURCHASE OF Waive formal A NETWORK APPLICATION SOFTWARE SITE LICENSE TO THE WRQ bid procedure COMPANY OF SEATTLE, WASHINGTON. 10. The Light Division requires 10,000 feet of 15-kv copper UD cable for upcoming Purchase copper projects. Due to the upwardly -fluctuating cost of copper, staff recommended that copper cable formal sealed biding procedures be waive and that authorization be given to the Purchasing Officer to obtain written quotations. The cost including freight and taxes should be under $20,000. The following Resolution was adopted: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 94-C166 WAIVING FORMAL SEALED BIDDING AND AUTHORIZING THE Waive formal PURCHASING OFFICER TO SOLICIT WRITTEN QUOTES ON A TURN- bid procedure AROUND BASIS AN TO ACCEPT THE MOST FAVORABLE TO THE CITY. 11. Bid opening was held in the Office of the City Clerk on November 28, 1994, for furnishing and installing underground conduits and cables on Alosta Avenue between Citrus Avenue and Calera. Three bids were received. The contract was awarded to Pouk & Steinle Incorporated, low bidder, in the amount of $170,729.00, and its execution was authorized. 12. The new Light & Water Department Facility will require the installation of voice/data communications and an overhead paging/sound system. These systems were designed, but not included in the original Contractor's bids. The "Request for Bid for Telecommunication Cabling & Overhead Paging Systems" were approved and staff was authorized to proceed according to the Schedule of Events outlined in the packet. 13. The City Treasurer's Report as of October 31, 1994 was received and filed. 14. Resolution authorizing payment of warrants by the City was adopted and entitled: Bid open underground conduits & cables Pouk & Steinle Inc. Request for Bid Telecommunica- tion cabling & overhead paging systems Treas Rpt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA Res. 93-C167 ALLOWING CERTAIN CLAIMS AND DEMANDS AND SPECIFYING THE Warrants FUNDS OUT OF WHICH THE SAME ARE TO BE PAID. SPECIAL CALL ITEMS Spec Call Councilmember Madrid addressed item regarding agreement to revise the Zoning Code, Madrid She voiced concerns regarding policy changes that might clash with the strategic plan comments and that Council and Planning Commission will not have input into the revision. Zoning Code revision 12/05/94 PAGE THREE Community Development Director Bruckner responded advising that there is a great need to revise the Zoning Code now, due to the deficiencies and outdated standards it now contains. He advised that workshops and interview sessions will be held with Council with regard to developing policies. He recommended continuing with the Zoning Code revision, conduct sessions regarding policy items, and that after the strategic has been completed, the zoning code could be modified to comply with that plan as well as the General plan. It was then moved by Councilmember Naranjo, seconded by Mayor Alexander and unanimously carried by roll call to approve the 'contract between the City and Cotton/Beland/Associates to revise the Azusa Zoning Code and Noise Ordinance, taking into consideration the concerns of Councilmember Madrid, for a fee of $58,465.00. Moved by Mayor Alexander, seconded by Councilmember Hardison and carried by roll call to award contract for the installation of a sewer line to connect the new Transit Facility to the City's system, to A.A.J. General Contractor, low bidder, in the amount of $12,985, and authorize the Mayor and City Clerk to execute same. Councilmember Beebe abstained, due to a possible conflict of interest. Com Dev Dir comments revision Zoning Code A.A.J General Contractor Install Sewer Line Councilwoman Madrid congratulated employees listed for step increase/permanent Congrats to status recommendations. It was then moved by Councilwoman Madrid, seconded by City employees Councilmember Naranjo and unanimously carried by roll call to approve Human Resource Action Items. 7. Human Resources Action Items were approved as follows: EMPLOYEE STEP INCREASE AND PERMANENT STATUS Human Res. RECOMMENDATIONS: Action Items NAME STATUS EFFECT G. Romo, Ping Tech Step 2 11/25/94 L. Patrick, Bus Driver Step 3 11/24/94 A. Garcia, StoreKpr Step 2 12/07/94 K. Bailey, Police Officer Step 2 11/15/94 J. Madaloni, Police Officer Step 4 11/02/94 J. Paine, Emer. Svs. PermStat 11/29/94 ►_omeffaw 0) la Val DIC. THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT Convene jntly AGENCY AT 7:52 P.M. with CRA Redevelopment Director Cervantes addressed the issue regarding Redevelopment Plan Cervantes Limits, stating that Assembly Bill 1290, requires that both existing and new plans comments contain new Redevelopment Plan limits which must be within the maximum limits Assembly Bill contained in the Bill: 1) A time to incur debt. 2) A time limit on the effectiveness of 1290 the Plan. 3) A time limit repayment of debt. 12/05/94 PAGE FOUR Councilmember Madrid offered the following Ordinances entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE REDEVELOPMENT PROJECT TO IMPOSE NEW PLAN LIMITS. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA ,AMENDING THE REDEVELOPMENT PLAN FOR THE RANCH CENTER REDEVELOPMENT PROJECT TO IMPOSE NEW PLAN LIMITS 1st Rdg Ord CBD/new plan limits 1st Rdg Ord Ranch Center new plan limits AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA 1st Rdg Ord AMENDING THE REDEVELOPMENT PLAN FOR THE WEST END West End REDEVELOPMENT PROJECT TO IMPOSE NEW PLAN LIMITS. new plan limits Moved by Councilmember Madrid, seconded by Councilmember Naranjo and carried by roll call to waive further reading and introduce the Ordinances. Mayor Alexander dissenting. Director Madrid offered the following Resolutions entitled: A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE Res. 94-R69 CITY OF AZUSA APPROVING AND SUBMITTING PROPOSED AMENDMENTS New plan limits TO IMPOSE NEW PLAN LIMITS ON THE REDEVELOPMENT PLAN FOR THE Central Business CENTRAL BUSINESS DISTRICT REDEVELOPMENT PROJECT. District A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING AND SUBMITTING PROPOSED AMENDMENTS TO IMPOSE NEW PLAN LIMITS ON THE REDEVELOPMENT PLAN FOR THE 'RANCH CENTER REDEVELOPMENT PROJECT. A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING AND SUBMITTING PROPOSED AMENDMENTS TO IMPOSE NEW PLAN LIMITS ON THE REDEVELOPMENT PLAN FOR THE WEST END REDEVELOPMENT PROJECT. Moved by Director Madrid, seconded by Director Naranjo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: Res. 94-1170 New plan limits Ranch Center Res. 94-1171 New plan limits West End AYES: DIRECTORS: HARDISON, MADRID, NARANJO, BEEBE NOES: DIRECTORS: ALEXANDER ABSENT: DIRECTORS: NONE THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY Cncl recess/ CONVENED AT 8:00 P.M. CRA cont THE CITY COUNCIL RECONVENED AT 8:02 P.M. Cncl reconvnd THE CITY COUNCIL DID NOT CONVENE AS THE INDUSTRIAL IDA/no bus DEVELOPMENT AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. 12/05/94 PAGE FIVE THE CITY COUNCIL DID NOT CONVENE AS THE AZUSA PUBLIC APFA/no bus FINANCING AUTHORITY AS NO BUSINESS WAS NECESSARY TO BE TRANSACTED. Councilmember Beebe offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING AN APPEAL BY IDEAL OUTDOOR ADVERTISING/KEN SPIKER AND ASSOCIATES OF THE PLANNING COMMISSION DECISION TO DENY CONDITIONAL USE PERMIT NO. C-94-7, VARIANCE NO. V-94-12, AND PRECISE PLAN OF DESIGN P-94-96. Moved by Councilmember Beebe, 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 Councilmember Beebe offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DENYING AN APPEAL BY MAIN SAN GABRIEL BASIN WATERMASTER OF THE PLANNING COMMISSION DECISION TO APPROVE PRECISE PLAN OF DESIGN P-94-98. AYES: COUNCILMEMBERS: HARDISON, NARANJO, BEEBE NOES: COUNCILMEMBERS: MADRID, ALEXANDER ABSENT: COUNCILMEMBERS: NONE Ord/Spec Res Res. 94-C168 Denying appeal K. Spiker Ideal Outdoor Advertising Res. 94-C169 Denying appeal Main San Gabriel Water - Master Sched Items PUBLIC NUISANCE APPEAL - of Marcus James Eminhizer for abatement costs for Pub Nuis Appl 918 North Azusa Avenue, Azusa. Eminhizer Captain John Broderick of the Azusa Police Department addressed the issue stating that Captain the Mr. Eminhizer requested that the Azusa Police Department investigate on a possible Broderick theft by the tenants of his rental property. When the Police arrived, they discovered comments that a clandestine laboratory was being conducted at the rental unit. Because the clandestine laboratory was in a heated reaction stage, the officers requested the Los Angeles County Fire Department and agents from the Bureau of Narcotic Enforcement respond to the location to help dismantle the operational laboratory. Upon the dismantling of the laboratory and rendering the location safe, the Azusa Police Officers contacted Chemical Waste Management, Inc., a licensed hazardous waste disposal company, to dispose of the hazardous materials and waste. Chemical Waste Management, Inc. has billed the City of Azusa for their services and the associated disposal fees in the amount of $4,677.16, which the City has paid. The City has incurred a total cost of $5,362.16, which was subsequently billed to the appellant. He is now appealing the results of a cost confirmation hearing that was held on November 15, 1994. 12/05/94 PAGE SIX Question and answer session ensued between Council and staff regarding type of drug Discussion lab, quantity of hazardous waste, amount of equipment used to transport waste, dump fees, type of hazardous waste, other legal avenues, charges for officers. Marcus and Elizabeth Eminhizer addressed die issue detailing the events that led to the request for Police Department aid. They were in the process of evicting the tenants and felt that it was unsafe to approach the premises alone. They advised that the tenants destroyed the property and also that they have accumulated much debt due to the 'problems with the tenants. They are appealing the matter because they feel that the Azusa Police Department and another unnamed entity were aware and in some manner surveilling the activities of the tenants and their acquaintances. They also feel that since the property was registered with the City of Azusa as rental property, giving City personnel access to the property, they should have been contacted regarding any problems related to the property. Discussion was held between Councilmembers, staff and the appellants regarding history of property, the type of resolution they would like to see accomplished, liens on the property, the reasons for the rental housing inspection program, the responsibility of the owners, what the law allows and advice from their lawyer, insurance coverage, request for a detailed list of chemicals, and other avenues for hazardous clean-up. Moved by Councilmember Naranjo, seconded by Councilmember Madrid to approve the appeal, relieve the property owners of costs, and that the City reimburse the Police Department for their time. Motion failed Mayor Alexander and Councilmember Beebe dissenting and Councilmember Hardison abstaining. Appellants Mr. & Mrs. Eminhizer Discussion Motion to approve (failed) Moved by Councilmember Beebe, seconded by Mayor Alexander and carried by roll call that the matter be continued to the meeting of December 19, 1994, in order for staff Hearing cont to provide a detailed list of fees and charges for hazardous waste disposal and dump to 12/19/94 fees, for Council perusal. Councilmember Madrid dissenting. Chief of Police Nelson addressed Council detailing the hazards of clandestine laboratory operations and the cost and handling involved when disposing of the chemicals. Chief of Police comments Community Development Director Bruckner addressed Council providing a report from the PM 10 Committee which was created to evaluate the existing PM 10 environment to Com Dev Dir determine whether existing information and monitoring is adequate. Ile advised that comments the Committee met several times , undertook research efforts, and met with various Reporton staff members of AQMD. In addition, research assignments were made to individual PM10 committee members, which involved collecting information from the State Air Resources Board, SCAQMD, local EIRs, EPA, City of Hope, and local newspapers. A summary of the report is as follows: 1) The highest PM10 readings have consistently been recorded in the Ontario and Rubidoux areas. 2) PM10 levels in the Azusa area come from a variety of sources, with the majority occurring from photochemical reactions from emissions originating outside the City. Geologic sources, such as open land, unpaved roads, and quarry operations contribute an estimated 1/3 of PM10 levels in the area. 3) Inadequate information exists pertaining to the health impacts on local residents. Inferences can be made about such health problems as lung diseases, cancer and Valley Fever, however no studies exist that conclude PM10 in the Azusa area has created the health problems locally. 12/05/94 PAGE SEVEN Ms. Lynn Van Kuilenburgh, member of the PM10 Committee, addressed the issue L. Van Kuil- advising of the current monitoring system for PMl0's, stating that violations and credits enburgh could be transferred within a business and that the readings are not very accurate. comments Ms. Kathy Southard, member of the PM10 Committee, addressed the issue advising that K. Southard there is a need to establish better monitoring of the rock quarries and that it is very hard comments to obtain information on PM10's since it is such a new environmental concern. Question and answer session ensued between Councilmembers, staff and the committee Discussion members regarding the hazards of PM 10's to children, and senior citizens, and that the residents of the City need to be tested, further that there is a need to provide mitigation measures to the problem. After additional Council comments, it was moved by Councilmember Naranjo, seconded by Councilmember Madrid and unanimously carried by roll call that the Committee and staff be directed to locate the sources of where PM10's generate, such as quarries, freeways, riverbeds, and businesses in general, compile a list of the sources, look at other communities that have similar problems and see how they deal with the issue, and come back to Council with a specific plan, with specific goals and objectives, to work with the businesses in realistic and practical ways to mitigate the problems, without putting the people out of business. None. THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED JOINTLY TO RECESS TO CLOSED SESSION AT 9:53 P.M. PM10 committee directed to come back w/rpt on sources/ resolutions 0th Bus/Cncl None. CRA/Cncl convene ' Moved by Mayor/Chairman Alexander, seconded by Councilmember/Director Naranjo Closed Sess and unanimously carried by roll call to recess to Closed Session to discuss the following: Real Property Negotiations (Gov. Code Sec. 54956.8), Edward R. Leavitt, Family Trust and A.L. Lake, Jr., 767-777 North Georgia Avenue, and Alan Radford, 237 South Azusa Avenue. Personnel (Gov. Code Sec. 54957), Personnel matter. Litigation or Potential Litigation (Gov. Code Sec. 54956.9), City of Azusa v. World Wide Video. TIME OF RECESS TO CLOSED SESSION: 9:54 P.M. Recess THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY RECONVENED Reconvene AT: 11:45 P.M. THE REDEVELOPMENT AGENCY ADJOURNED AT 11:46 P.M. CRA adjourn 12/05/94 PAGE EIGHT 1 DATE: May 11. 1995 TO: Mayor and City Council FROM: City Clerk It has come to light that an action recorded in the minutes of the Council Meeting on 12/05/94, was incorrect. As recorded and subsequently approved at the meeting of 12/19/94: "Moved by Councilmember Naranjo, seconded by Councilmember Beebe and carried by roll call to uphold the recommendation of tlle Personnel Board and terminate the employee as discussed in Closed Session. Councilmember Madrid dissenting." It should have been recorded as: "Moved by Councilmember Naranjo, seconded by Councilmember Beebe and carried by roll call to uphold the recommendation of staff and terminate the employee as discussed in Closed Session. Councilmember Madrid dissenting." Your attention has been called to this in order that appropriate action be taken to correct the record by amending the meeting minutes of 12/05/94. CC: City Administrator Human Resources APPROVED COUNCIL MEETING OF MAY 15, 1995. L� Moved by Councilmember Naranjo, seconded by Councilmember Beebe and carried by Employee roll call to uphold the recommendation of Staff and terminate the terminated employee as discussed in Closed Session. Councilmember Madrid dissenting. Moved by Councilmember Beebe, seconded by Mayor Alexander and unanimously Adjourn carried by roll call to adjourn. TIME OF ADJOURNMENT: 11:48 P.M. NEXT RESOLUTION NO. 94-C170. NEXT ORDINANCE NO. 94-018. 12/05/94 PAGE NINE