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HomeMy WebLinkAboutMinutes - May 17, 2010 - CCCITY OF AZUSA ' MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY, MAY 17, 2010 — 6:30 P.M. The City Council of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium located at 213 E. Foothill Boulevard, Azusa, CA 91702. Mayor Rocha called the meeting to order. Call to Order Staff Sergeant United States Air Force Caballero led in the salute to the Flag. Flag Salute INVOCATION was given by Pastor Daniel Simonson of Christbridge Immanuel Church Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present ' City Attorney Carvalho, City Manager Delach, Assistant City Manager Makshanoff, Police Chief Garcia, Director of Public Works Haes, Economic and Community Development Director Christiansen, Library Director Johnson, Director of Recreation and Family Services Jacobs, Administrative Services Director/Chief Financial Officer Kreinreier, Assistant Director of Economic and Community Development McNamara, Director of Information Technology Graf, Utilities Director Morrow, Public Information Officer Quiroz, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr. Mike Lee addressed Council with the following comments: thanks for resurrecting the Helmet M. Lee Committee; reminder that May 24°i is the last day to register to vote; good luck on the Vulcan decision; Comments good luck on Target opening in October, and with Dahlia's; and his choice for Assembly. Mr. Steve Hernandez addressed Council expressing his appreciation to the City for the love of Veterans in S. Hernandez the community and reminded them of the heavy burden they carry when making decisions. Comments Mr. Ronnie Blackburn addressed Mayor Rocha inquiring about the health of his great granddaughter; R. Blackburn Mayor Rocha responded that site was doing a lot better. Comments REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENT'S -STAFF Updates/Rets City Manager Delach advised that Councilmember Hanks had accepted the Compass Blue Cord Award at a City Mgr recent SCAG conference on behalf of the City for the Arrow Highway Corridor Planning Project. Comments ' Mayor Rocha expressed his concern with the many unlicensed flower sale vendors over the Mother's Day Rocha weekend which impacted local florists and also with the street vendors that may come during summer Comments months. City Manager Delach responded stating that Code Enforcement Officers, Community Service Officers and Police Officers will ensure that unlicensed vendors will be cited. Mayor Rocha then invited all to attend the Memorial Day Observance Ceremony on May 31, 2010, at 10:00 a.m. in front of the flag pole at City Hall. Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried that the Con Cal Consent Calendar of the City of Azusa and the Redevelopment Agency as well as the Ordinances/Special Brt Fwd Resolutions, be brought forward for handling at this time. The CONSENT CALENDAR consisting of Items D-1 through D-3 was approved by motion of Consent Calenda Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried. Councilmember DI — D-3 Hanks and Macias abstained from the minutes as they were absent from that meeting. i The minutes of the regular meeting of May 3, 2010, were approved as written. (Ilanks and Macias Min appvd abstained). 2. Human Resources Action Items were approved as follows: FIR Action Merit Increase and/or Regular Appointment: A. Martinez, S. Martinez, and R. Gardea. Items 3. The following resolution was adopted and entitled: A RESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 10-C31 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT CRA convened 6:52 P.M. THE CITY COUNCIL RECONVENED AT 6:53 P.M. Cncl reconvened ORDINANCES/SPECIAL RESOLUTIONS Councilmember Gonzales offered a Resolution entitled: Ord/Spec Resos AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, AMENDING CHAPTER 46 Ord No. 10-04. OF THE AZUSA MUNICIPAL CODE, BY ADDING SECTION 46-322 PROHIBITING THE SALE OF Prohibit Salc TOBACCO PRODUCTS TO A MINOR. Tobacco to Minor Moved by Councilmember Gonzales, seconded by Councihnember Macias 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 GONZALES, CARRILLO, MACIAS, ROCHA HANKS NONE Sched Items PUBLIC HEARING - APPLICATION FOR AZUSA ROCK MODIFICATION TO Pub Hrg CONDITIONAL USE PERMIT C-89-20 REVISED RECLAMATION PLAN DEVELOPMENT Application Azusa Rock Mod Vulcan Materials Mayor Rocha addressed the audience and reminded all of the Rules of Public Hearing. Rocha Economic and C4tnmunity Development Director Christiansen addressed the Public Hearing staling that K. Christiansen this is not an expansion of mining activities, but a relocation of mining activities from the East 80 acres to Comments the West 80 acres. He presented and detailed the Project Components, Entitlements Requested, Proposed Project, Conditional Use Permit, Reclamation Plan, Development Agreement, EIR & What it Considers, Environmental Impact Evaluation, Current' Approval History, Planning Commission Hearings/Meetings, General Plan & Development Code, Public Testimony taken, Categories of Public Comments, Rumors and Misconceptions, Proximity to Duarte Residents, Volume Analysis, Air Quality Management District, Landslides, and Liquefaction. The Mayor declared the Hearing open. The Clerk read the affidavit of proof of publication of notice of said Hearing Open hearing published in the San Gabriel Valley Tribune on May 7, 2010. Mr. Todd Priest of Vulcan Materials addressed the Hearing detailing the experience with the acquisition of 7'. Priest the mining operation, and the plans for the proposed project. Vulcan The following persons provided testimony during the Public Hearing: John Fasana, Mike Lee, Xilonin Cruz -Gonzalez, John Abbas, Ronnie Blackburn, Michael Paisner, Barbara Chang, Mark Swiatek, Darrell George, Margaret Finlay, Jeff Melching, Daniel Meza, Jorge Rosales, Sandra Rentschler, David Gallivan, Karen Herrera, Brenda Van Der Loo, Richard Deem, David Czamanske, Bruce Smith, Riley Van Der Loo, Douglas McKinney, Rosalie Camp, Carol Ciminulli, Fred Auyeung, Martha Villanueva, Dennis Willut, Rick Kamakea, Kerri Munson, Barbara Dickerson, Wayne Blake, Tom Sanchez, Paul Naccachian, and Steve Hernandez. (Watch Meeting on line at: www.ci.azusa.ca.us ) Mr. Todd Priest of Vulcan Materials re -addressed the Public Hearing responding to questions raised in public testimony. Mr. Rich Gocher with RGP addressed the Public Hearing citing the precise procedures that have to be followed under SMARA for the financial assurance. Mr. David Donnelson of Vulcan Mining headquarters, addressed the Public Hearing noting that the company will take responsibility for what they do and that they have to earn trust in the community; lie submitted letters into the record from satisfied customers from all over the country. Moved by Councihnember Hanks, seconded by Mayor Pro -Tem Gonzales and unanimously carried to close the Public Hearing. 05/17/10 PAGE TWO Testimony T. Priest R. Gocher D. Donnelson Vulcan Materials Public Hearing Closed It was consensus of the Councilmembers to recess in order to allow the City Attorney to provide responses Recess to questions asked. Time of recess: 9:26 p.m. The City Council reconvened at 10:08 p.m. Reconvened City Attorney Carvalho advised that they have been working with consultants and staff and have listed in City Attorney broad categories questions regarding the 60 versus 80 acres and even swap, the seven (7) year vegetation, Comments General Plan consistency questions, will mining stop 2038, will mining be on the East side be permitted, the question of shall vs. should, the eighty million dollar bond issue, the inspection issue, landslide issue, liquid faction issue, volume, bio drainage and air quality. Assistant Economic and Community Development Director McNamara responded to questions regarding C. McNamara the 60 acres versus 80 acres and the seven year vegetation. Economic and Community Development K. Christiansen 'Director Christiansen responded to questions regarding the consistency of the General Plan. Comments Assistant City Attorney Fernando Avila responded to questions regarding air quality. F. Avila City Attorney Carvalho responded to questions regarding the "shall versus should'; the question of when City Attorney mining will end in the City of Azusa, and the 80 million dollar bond. Comments Mr. Jay Martin, Geologist, Ms. Julie Lester, Mr. Steve Lilbum, Mr. Richard Jones, presented information J. Martin on liquefaction and landslides, biannual inspections, reclamation, conditions of compliance, State required Comments process, existing plan, biology, hydrology, and air quality review; they responded to questions posed by Councilmembers. Lengthy question and answer session ensued. Within the discussion regarding the watering equipment Discussion every six months, it was consensus of Council that the language be extended to include that equipment would be fixed when it is noticed that it's broken; further (bat the language "watered down regularly" be changed to "watered down daily". Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, CERTIFYING Res 10-C30 THE ENVIRONMENTAL IMPACT REPORT FOR TFIE AZUSA ROCK QUARRY REVISED Certifying CONDITIONAL USE PERMIT, RECLAMATION PLAN, AND DEVELOPMENT AGREEMENT; FIR ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA Vulcan 'ENVIRONMENTAL QUALITY ACT; AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING AND REPORTING PROGRAM. Moved by Councilmember Hanks, seconded by Councilmember Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council AYES: COUNCILMEMBERS: CARRILLO, HANKS, MACIAS NOES: COUNCILMEMBERS: ' GONZALES, ROCHA ABSENT: COUNCILMEMBERS: NONE Councilmember Hanks offered a Resolution, as amended, entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING Resolution MODIFICATION TO CONDITIONAL USE PERMIT CUP 89-20 AND A REVISED RECLAMATION Conditional PLAN TO MODIFY THE EXISTING MINING AREAS AND RECLAMATION APPROACH AT THE Use Permit AZUSA ROCK QUARRY, LOCATED AT 3901 FISH CANYON ROAD, AZUSA, CALIFORNIA. Vulcan (FAILED) Moved by Councilmember Flanks, seconded by Councilmember Carrillo to waive further reading and adopt. Resolution failed by the following vote of the Council: AYES: COUNCILMEMBERS: CARRILLO, HANKS NOES: COUNCILMEMBERS: GONZALES, MACIAS, ROCHA ABSENT: COUNCILMEMBERS: NONE 'City Attorney Carvalho advised that there was no need to consider the proposed ordinance approving a City Attorney development agreement as the conditional use permit was not approved. Re: Ordinance It was consensus of Councilmembers to adjourn. Adjournment TIME ADJOURNMENT: 12:50 A:M. CITY CLERK NEXT RESOLUTION NO. 2010-C32. NEXT ORDINANCE NO. 2010-05. 05/17/10 PAGE TIIREE