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Home My WebLink AboutMinutes - July 24, 1995 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING JULY 24, 1995 - 6:30 P.M. The City Council of the City of Azusa met in adjourned regular session at the above ' date and time in the City Library Auditorium. Mayor Alexander called the meeting to order, and led in the salute to the Flag. Call to Order ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, MADRID, NARANJO, BEEBE, ALEXANDER ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present Assistant City Attorney Carvalho, City Administrator Garcia, Chief of Police Broderick, Finance Director Craig, Community Development Director Bruckner, Senior Planner Watrous, Utilities Director Hsu, Administrative Analyst Dadaian, Redevelopment Director Cervantes, Deputy City Clerk Toscano. Community Development Director Bruckner addressed Council providing an update on Com Dev Dir the status of the Monrovia Nursery Project. General discussion was held regarding Update on areas of concern from the last workshop held, recent events, and current design. He Monrovia advised that the open space high above Sierra Madre could be donated to the City by Nursery Lewis Homes, but warned of the liabilities that could occur. Discussion was held Project regarding open space, the proposed school, density transfers, Citrus Avenue extension, and general number of proposed apartments in the southern area of the project, Mello Roos, a discussion possible MTA station, home computers, types of housing products and lot sizes. Mr. Hank Bode, of Azusa Pacific University addressed the issue and suggested that area H. Bode 18 and 19 be designated as a baseball field for the University, as they are running out APU of parking areas. Councilmembers and staff addressed three main areas of concern: Section 6 (south of Discussion Sierra Madre) was requested to be changed to more traditional single-family housing. Density transfer programs (the ability to transfer a number of homes or housing types from one area to another) need to be fine tuned. Apartments in the southern part of the project were suggested to number 100; some Councilmembers observed that they did not want small complexes due to the fact that no management company will want to manage them. Moved by Councilmember Hardison, seconded by Mayor Alexander and unanimously Proc for AHS carried by roll call that a proclamation be prepared for the Azusa High Class of 1965 Class of 1965 Reunion. RECESS: 7:50 P.M. RECONVENED: 7:58 P.M. Recess Reconvene Administrative Analyst Dadaian addressed item regarding transfer of Western Disposal Admin Analyst Refuse Franchise to Athens Disposal, owned and operated by Arakelian Enterprises, Dadaian Incorporated. She stated that staff and representatives of Athens Disposal have been Western Disposal negotiating towards an agreement for the transfer and an increase in rate schedules. She fee inc & transfer advised that staff has researched other cities rate schedules and Athens financial of franchise 1 69 1 1 capability through an audit by Conrad and Associates. She stated that they have all State and Federal permits, AQMD permits, insurance, and that they will indemnify the City regarding AB939. She reminded Council that the City has not met its 25% source reduction required by the California Integrated Waste Management Board. Athens will also provide Hazardous Waste indemnification. She advised that Western Disposal had recently requested a cost of living increase, which h still being considered. Discussion was held regarding proposed increase in rate structure. The proposed rates are as follows: Base Service Fee, subject to annual CPI adjustment - $6.92, Base Landfill Fee, subject to annual increase based upon actual cost hikes - 2.30, Base Recycling Fee, subject to annual CPI adjustment 1.75, Base Recycling Fee waived by Arakelian thru 6/10/96 (1.75). Net to Arakelian Enterprises, Inc. - 9.22, City billing fee - 1.73, Total New Monthly Rate - $10.95, which represents a .50 per month (4.8) increase. Assistant City Attorney Carvalho addressed the issue stating that the existing residential agreement with Western Disposal allows for an automatic increase each year, but commercial does not. The Arakelians are requesting automatic CPI (Consumer Price Index) increases for residential, commercial as well as tipping fees. She also advised that this is the best time to restate the agreements to include indemnifications and compliance with AB 939 regulations. Discussion was held between Councilmembers, Mr. Huls, consultant, and the Arakelians regarding items that the new contract with Athens could contain such as, green waste recycling, indemnification for AB 939 and its requirements, curbside recycling, education, backyard composting, green waste collection, proposed drop off centers, 100 free composting units, provisions for population growth, large item pick- up, free services to City and no fees to residents relating to green waste until July, 1996. He detailed the procedures for measuring the required source reduction and the Green Waste Program. Assistant City Attorney Carvalho readdressed the issue providing three options that Council should consider: (1) the resolution relating to Western Disposal's request for an increase in fees, (2) resolution approving the assignment of Western Disposal Company to Arakelian, as is, and (3) resolution approving to form new franchise draft agreement with Arakelian, which the City Administrator and Assistant City Attorney would go back and work out fine points of the agreement. She also advised that they conducted major negotiations regarding the CPI, tipping fee, and automatic increases and could not make a recommendation regarding these issues. Additional lengthy discussion was held regarding how proposed fee amounts were arrived at, comparison to other cities, CPI increase, proposed date of commencement, AB 939 requirements in relation to backyard composting, landscape contractors, indemnifications, source reduction programs to be provided by Arakelian, AB 939 penalties to be paid by Arakelian, recycling centers and their maintenance, curbside recycling, and free services to the City. Discussion re: new rates Ass't City Atty comments Discussion Ass't City Any comments Add'] Discussion It was consensus of Councilmembers to prepare a proclamation for Bobken Hartunian Proc for B. in appreciation of his many years of service to the City of Azusa. Hartunian Councilmember Madrid stated that she did not support CPI increase automatically Discussion was held between Councilmembers, Assistant City Attorney, and Arakelian regarding CPI for Commercial, residential, tipping fees and other options included in negotiations such as green waste program, free City services, performance bonds and in addition to other items, indemnifications that would be in exchange for automatic CPI. Staff and Assistant City Attorney stated that they could not offer recommendation on the automatic tipping fee. 07/24/95 PAGE TWO Madrid Discussion 11 19 Councilmember Madrid exited the meeting at 9:32 p.m. Madrid exit After further discussion, Mayor Alexander offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING AN AMENDMENT TO THAT CERTAIN AGREEMENT DATED JULY 1, 1968, BETWEEN THE CITY OF AZUSA AND WESTERN DISPOSAL COMPANY, AS AMENDED, RELATING TO THE COLLECTION OF RESIDENTIAL GARBAGE AND RUBBISH WITHIN THE CITY OF AZUSA. 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, NARANJO, BEEBE, ALEXANDER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MADRID Moved by Mayor Alexander, seconded by Councilmember Beebe and unanimously* carried by roll call that Councilmember be excused from the meeting. After additional discussion, Mayor Alexander offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE TERMINATION OF THE RESIDENTIAL AND COMMERCIAL/INDUSTRIAL GARAGE AND RUBBISH FRANCHISE AGREEMENT WITH WESTERN DISPOSAL COMPANY, INC. AND APPROVING NEW FRANCHISE AGREEMENTS WITH ARAKELIAN ENTERPRISES, INC. Moved by Mayor Alexander, seconded by Councilmember Naranjo to waive further 'reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: HARDISON, NARANJO, ALEXANDER NOES: COUNCILMEMBERS: BEEBE ABSENT: COUNCILMEMBERS: MADRID Res. 95-C90 Amend Agmt w/Western Disposal residential rates Res. 95-C91 Termination residential, commercial/ industrial franchise w/Western Disp. and appvg new franchise agmts w/Arakelian Assistant City Attorney advised that the agreements were approved as to form and Ass't City Arty would be fine tuned by Assistant City Attorney and the City Administrator. Further, advise Western Disposal will need to execute termination and release agreement. It was consensus of the Councilmembers to recess to Closed Session to discuss the following: Pending Litigation (Gov. Code Sec. 54956.9 (a)., Carlson v. City of Azusa, Case NO. KC 016433, Los Angeles Superior Court. THE CITY COUNCIL RECESSES TO CLOSED SESSION AT: 9:46 P.M. Recess THE CITY COUNCIL RECONVENED AT: 9:54 P.M. Reconvened Assistant City Attorney Carvalho advised that there was no reportable action. No action ' Moved by Mayor Alexander, seconded by Councilmember Beebe and unanimously* Adjourn carried by roll call to adjourn. 17 OFJ MEN C TY CLEF K NEXT RESOLUTION NO. 95-C92. NEXT ORDINANCE NO. 95-015. 07/24/95 PAGE THREE 1 t 89