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HomeMy WebLinkAboutMinutes - July 5, 2011 - CCCITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING TUESDAY, JULY 5, 2011— 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. CEREMONIAL Ceremonial Presentation of proclamations to City Manager Francis M. Delach and Chief of Police Robert Garcia in None Procs honor of their retirement from the City of Azusa was continued. Continued CLOSED SESSION Closed Session The City Council recessed to Closed Session at 7:45 p.m. to discuss the following: 1. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Conference Agency Negotiators: Administrative Services Director -Chief Financial Officer Kreimeier and w/Labor City Manager Delach Negotiator aanizations APMA (Azusa Police Management Association) and CAPP (Civilian Association of Police APMA Personnel). 2. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code See. 54957.61 Conf w/Labor Agency Negotiators: City Manager Delach Negotiator Exec Organization: Executive — Negotiation of Executive Benefits The City Council reconvened at 7:30 p.m. City Attorney Carvalho advised that there was no reportable Cncl rcvnd action taken in Closed Session. Closd Sess No Reports Mayor Rocha called the meeting to order. Call to Order Senior Airman Steven G. Izaguirre of the United States Air Force led in the pledge to the Flag. Flag Salute Invocation was given by Pastor Eddie Velasquez of Jesus Is Lord Church Invocation The City Council presented a Certificate of Appreciation to Senior Airman Steven G. Izaguirre of the Cert S. Izaguirre United States Air Force, for his services to our country. ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, ROCHA ABSENT: COUNCILMEMBERS: MACIAS ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Assistant City Manager Makshanoff, Police Chief Garcia, Director of Public Works Haes, Director of Economic and Community Development Christiansen, Director of Utilities Morrow, Assistant Library Director Strege, City Engineer Hassel, Senior Planner Cole, Assistant Director of Economic and Community Development McNamara, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Ms. Barbara Dickerson addressed Council with thanks on behalf of Homework House. She presented B. Dickerson certificates of appreciation to Park and Recreation, Police Department and City Manager for their support. Comments She talked about the importance of a Healthy City. Ms. Stephanie Mills addressed Council expressing her opinion regarding the City Manager position, the S. Mills proposed parking structure, and Veterans Park. Comments Ms. Lillian Saldana of H.O.P.E. Organizations, Helping find Opportunities in the Pursuit of Education, A. Linda addressed Council detailing their program and announced a fundraiser car wash to be held on July 16, Comments 2011 at Dalia's Pizza. Staff was directed to provide $200 in scholarship funds for their organization. Mr. Mike Lee addressed Council expressing his opinion regarding the Azusa Police Department, Grocery M. Lee Workers, union, fireworks, and U.S. Soldiers. Comments Mr. Joe Guarrera addressed Council expressing his opinion against the proposed parking structure on J. Guarrera Alameda and read several articles regarding inconsistencies in the project as well as the Gold Line in Comments 'relation to the structure. Mr. Dan Simpson addressed Council expressing his opposition to the continued problem of illegal D. Simpson fireworks in the City of Azusa and asked Council to address the issue. Comments Mr. Ralph Rodriguez addressed Council congratulating City Manager and Chief of Police on their R. Rodriguez retirement, spoke in favor of the parking structure and fireworks. Comments Mr. Jorge Rosales addressed Council inviting all to the Azusa Civic Center Park Committee meeting on 4 J. Rosales Saturday, July 9'h from 10:00 a.m. to 1:00 p.m. at Veteran's Freedom Park in order to explain the negative Comments aspects of the parking structure. City Manager Delach responded that he would respond to Mr. Guarrera's comments at another time. City Mgr Com REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF Rpts, Updates City Manager Delach announced that the Community Facilities District Bonds are going to market and City Mgr will bring a savings in property taxes to Mountain Cove residents in the amount of $189 per home. Comments NOTICE TO THE PUBLIC Notice to the Public NOTICE IS HEREBY GIVEN of City Board and Commission term of office expirations, ending Commission September 30, 2011 for the following Boards and Commissions of the Cityof Azusa: Vacancies 2 Positions Architectural Barriers Commission 2 positions Human Relations Commission 2 positions Library Commission 1 position Park and Recreation Commission 1 position Personnei Board 1 position Planning Commission Applications are available in the City Clerk's Office, 213 East Foothill Boulevard, City Library, 729 N. Dalton Avenue, Light & Water Department, 729 N. Azusa Avenue, Police Department, 725 N. Alameda, Azusa, and at: www.ci.azusa.ca.us, for interested residents. Applications will be accepted through Thursday, August 25, 2011. For further information, please call: (626) 812-5271. Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously* carried to Proc Korean approve request for proclamation in honor of the 58" Anniversary of the Korean War Armistice, to be War Armistice presented on Wednesday, July 27, 2011 in front of City Hall. Mayor Pro -Tem Hanks noted that fireworks were down in his neighborhood and expressed K. Hanks congratulations to Frank and Judy Reed who recently celebrated their 501h wedding Anniversary. Comments Councilmember Gonzales reminded all about the cooling centers in Azusa and about the overnight Gonzales Campout on August 13'h at Northside Park where Pork Chop Tom will be performing. Comments Mayor Rocha stated the meeting will be adjourned in memory of Ida Garrett. He reminded all to look at Rocha the banner in front of City Hall to see all Azusa kids graduating and going on to further education. He Comments announced Be A Walker Program at 9:30 a.m. at Veteran's Park, Veterans Fundraiser Dance, Saturday July 16'h, 6 p.m. — l Ip.m. at the VFW for $10, with proceeds to go towards the monuments in front of City Hall, the Car Wash at Dalia's Pizza for H.O.P.E., Azusa Cares from 10 a.m. — 12 noon at the Library, hosted by Assemblyman roger Hernandez, topics: dental care, hygiene and nutrition, and he thanked Bob Donnelson for locating two additional veterans of the Korean War whose names will be added to the monument. Items brought It was consensus of Councilmembers that the City Consent Calendar, Agency items and Ordinances and fwrd Special Resolutions be handled at this time. Consent Cal The CONSENT CALENDAR consisting of Items D-1 through D-5 was approved by motion of D-1-5 appvd Councilmember Carrillo, seconded by Mayor Pro -Tem Hanks and unanimously* carried. 07/05/11 PAGE TWO I . The minutes of the special meeting of June 1, 2011 and the regular meeting of June 20, 2011, were Min appvd approved as written. Approved 2. HUMAN RESOURCES ACTION ITEMS. Human Res Separation: M. Bauer, Administrative Analyst effective 6/16/11. Action Items 3. The City Treasurers Report as of May, 31, 2011 was received and filed. Treas Rpt 4. Authorization was given for the purchase of an aquatics themed child's slide at Slauson park Slide Slauson pool in the amount of $18,654.00. Park 5. The following resolution 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. THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 8:24 P.M. THE REDEVELOPMENT AGENCY ADJOURNED AND THE CITY COUNCIL RECONVENED AT 8:26 P.M. ORDINANCES/SPECIAL RESOLUTIONS Mayor Pro -Tem Hanks offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING SECTION 2-469 OF THE AZUSA MUNICIPAL CODE RELATING TO SEWER SERVICE FEES AND FEE COLLECTIONS. Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Carrillo to waive further reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS SCHEDULED ITEMS PUBLIC HEARING — AN APPLICATION FOR A MATERIAL RECOVERY FACILITY AND TRANSFER STATION TO BE LOCATED AT 1501 W. GLADSTONE STREET. APPLICANT: WASTE MANAGEMENT Director of Economic and Community Development Christiansen addressed the Hearing stating that the application began in February of 2009 and is now complete; the Environmental Impact Report (EIR) was circulated in August of 2010 went to the Planning Commission and is now before Council. Senior Planner Cole addressed the Hearing stating that the project is for a Material Recovery Facility and Transfer Station; a facility that will receive and sort municipal solid waste, recyclables and green landscaping waste. The materials will be collected by Waste Management but is open to companies who would like to drop off materials for recycling. The project is located on Gladstone Street and Irwindale Avenue and is without a Household Hazardous Waste facility at this time, although included in the EIR. The project will enlarge existing entrance to the Cemex mine and existing landfill, construct a dedicated access road the MRF parallel to Gladstone Street with a scale house for incoming and outgoing trucks to be weighed and determine amount of materials processed and host fees that the City would generate. The main building will have large doors for the trucks to enter, which is a negative pressure building that will keep any odors, dust and debris inside, and the tipping floor of the building will be divided into three separate areas, one for green waste, solid waste and materials recovered through the recycling process. There is a bale storage building which will hold sorted recycling materials to be stored for future transportation for sale, and a temporary outdoor storage area that will be covered and enclosed by a wall for temporary overflow 1 allowed for only 48 hours. The main processing building is being called a LEED Certified building, Leadership Energy and Environmental Design, a certification based on the way the building is constructed, materials that are being used in the building, the way the building processes and uses energy and air, and that it is a sustainable building. The General Plan Amendment and Zone Change is to change a portion of the project site to Industrial so that it will be consistent with the rest of the project. The Use Permit is to allow the operation of a facility, the Design Review is to allow the construction of the facility, the Zoning Code amendment and use permit is to allow operation 24 hours a day, a Variance is to allow a six foot tall perimeter wall around the facility, another variance is to allow a two foot increase in the building height, and another Variance to allow a deviation from some of the operational standards in the Development for recycling facilities. There is a development agreement which wil! memorize benefits for the City and development rights for Waste Management. 07/05/11 PAGE THREE Res. 1 1-058 Warrants Cnel Recess CRA Adjourn Cncl Rcnvd Ord/Spec Resos Ord. 11-010 Sewer Service Fees Scheduled Items Public. Hearing MRF & Transfer Station Waste Mngmt K. Christiansen Comments S. Cole Senior Planner Presentation Mr. Eddie Torres of RVF Consulting presented the Environmental Impact Report (EIR) Analysis and CEQA E. Torres process. He talked about the impact categories studied as follows: land use development planning, RVF aesthetics light and glare, traffic and circulation, air quality, green house gas emissions, noise, public service Consulting and utilities, cultural resources, hazards and hazardous materials, hydrology and water quality, geology and Presentation soils, growth inducement, alternate impacts and significant and un -avoidable impacts; he detailed the EIR Analysis impacts. Mr. Mike Hammer of Waste Management, Applicant, detailed the project, the main functions, the Material M. Hammer Recovery Facility and Transfer Station, the need for the facility, location and benefits, i.e. host fees, meeting Waste legislative mandates, and managing waste. Management The Mayor declared the Public Hearing open. The City Clerk read the affidavit of proof of publication of Hrg Open notice of said Hearing published in the San Gabriel Valley on June 24, 2011. The City Council recessed at 9:09 p.m. and reconvened at 9:20 p.m. Recess/Rec The following persons spoke in favor of the Material Recovery Facility: Gilbert Medina, Jorge Rosales, Testimony Mike Lee, Sal Martinez, James Stevenson, Jeri Vogel, Wayne Blake, Bruce Knoles, Maricela Cueva, David In Favor Hooper, Stephanie Mills, and Ralph Rodriguez. The following persons spoke against the Material Recover Facility: Lisa Bailey, Charles Spence, Victor Testimony Centeno, Eduardo Nuno, Milagros Serrano, and Jim Hickey. Against Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales and unanimously* carried to Hrg Closed close the Public Hearing. Lengthy discussion was held between Councilmembers, Staff and Consultants regarding the following: Lengthy traffic, public safety, sidewalks, possible outreach to educate children on the Materials Recovery Facility, discussion local bidders, preference to hiring Azusa residents, traffic counts taken within the last 18 months, trips in Council, comparison to homes, traffic time trips, alternative routes and route to freeway, shipping mostly during the Staff and night, attempts to meet with Irwindale, 69 new jobs and preference to local Azusans if they are qualified, Consultants storage of outside bales possibly longer than 48 hours, street repairs, addition of: "any odor complaints be copied to the Azusa Engineer", first flush storm water capture, mitigation monitoring program word changes, day labor movement, air quality, alternative fuel transition, triggering distances to nearest schools, impact fees, streets, five year pavement management plan, and bale storage. 1 Final changes included: Mitigation Monitoring and Report Program Cover Page which notes table lists Final Changes mitigation measurers that, change word "may" to "shall", added to AQ -4 "Any odor complaints received shall be sent to the City of Azusa City Engineer", Conditions of Approval #24 added "The baled, recyclable material must be date -tagged and may only be stored in the designated outdoor storage area for no longer then 96 hours", and #32 added "the applicant acknowledges and accepts that these Conditions of Approval are intended to avoid potential nuisance conditions from arising as a result of applicant's operations and therefore, applicant accepts that violations may be sited in accordance with the City's nuisance regulations and the City's fines and penalties ordinance. Mayor Pro -Tem Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CERTIFYING THE FINAL Res. 11-C49 ENVIRONMENTAL IMPACT REPORT (SCH #2010081010), ADOPTING ENVIRONMENTAL Crtfyng Final FINDING S PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND EIR, Adopt ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM FOR THE WASTE Mitigation MANAGEMENT MATERIAL RECOVERY FACILITY PROJECT. Monitoring & Stmt of Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Carrillo to waive further reading and adopt. Overriding Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ' ABSENT: COUNCILMEMBERS: MACIAS Moved by Councilmember Gonzales, seconded by Mayor Pro -Tem Hanks and unanimously* carried to EIR adopt the Environmental Impact Report Mitigation Monitoring and Report Program. Mitigation Monitoring Rpt Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Carrillo and unanimously* carried to adopt the Environmental Impact Report Findings of Fact and Statement of Overriding Considerations. EIR Findings Mayor Pro -Tem Hanks offered a Resolution entitled: of Fact & Stmt Overriding 07/05/11 PAGE FOUR Considerations PLAN AMENDMENT GPA 2010-01, TO CHANGE THE GENERAL PLAN DESIGNATION OF A Res. 11-050 PORTION OF LAND, LOCATED AT 1501 W. GLADSTONE STREET, AZUSA CALIFORNIA, Appvg GPA FROM RECREATION/LANDFILL MIXED USE TO INDUSTRIAL 2010-01 Rec/If To Industrial Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS Councilmember Gonzales offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING ZONE CHANGE Z 2009-01, TO CHANGE THE ZONING MAP DESIGNATION OF A PORTION OF LAND 1"Rdg Ord FROM DWL (DISTRICT WEST END LIGHT INDUSTRIAL) TO DW (DISTRICT WEST END Z2009-01 INDUSTRIAL) DWL to DW MRF Moved by Councilmember Gonzales, seconded by Mayor Pro -Tem Hanks and unanimously* carried to waive further reading and introduce the proposed ordinance. Councilmember Carrillo offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING USE PERMIT Res. 11-051 UP 2009-01, TO ALLOW THE OPERATION OF A RECYCLING FACILITY -PROCESSING UP 2009-01 FACILITY (MATERIAL RECOVERY FACILITY/TRANSFER STATION) AT 1501 W. GLADSTONE MRF STREET Transfer Station Moved by Councilmember Carrillo, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution was passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ,ABSENT: COUNCILMEMBERS: MACIAS Mayor Pro -Tem Hanks offered an Ordinance entitled: 1" Rdg Ord AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING ZONING ZCA 230 CODE AMENDMENT ZCA 230, ALLOWING OPERATING HOURS BETWEEN 9:00 P.M. AND Operating Hours 7:00 A.M. IN THE DW AND DWL ZONES WITH A USE PERMIT. Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Gonzales and unanimously* carried to waive further reading and introduce the proposed ordinance. Mayor Pro -Tem Hanks offered a Resolution entitled: Res. I 1-052 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING USE PERMIT UP 2010-04 UP 2010-04, TO ALLOW A REDUCTION IN THE REQUIRED NUMBER OF PARKING SPACES Rdcd Pkg FOR THE MATERIAL RECOVERY FACILITY AND TRANSFER STATION LOCATED AT 1501 W. Spcs MRF GLADSTONE STREET Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS Mayor Pro -Tem Hanks offered a Resolution entitled Res. 11-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING USE PERMIT UP 2010-05 UP 2010-05, TO ALLOW 24 HOUR OPERATION OF THE MATERIAL RECOVERY 24 hours FACILITY/TRANSFER STATION AT 1501 W. GLADSTONE STREET Operation MRF Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: 07/05/11 PAGE FIVE AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS Mayor Pro -Tem offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING VARIANCE V Res. 11-054 2010-02 TO ALLOW A SIX FOOT (6') PERIMETER FENCE IN THE FRONT SETBACK AT 1501 V 2010-02 W. GLADSTONE STREET Allow 6' Fence Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS Mayor Pro -Tem Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING VARIANCE V Res. 11-055 2010-03 TO ALLOW A TWO FOOT (2') INCREASE IN THE ALLOWABLE BUILDING HEIGHT V 2010-03 OF THE MATERIAL RECOVERY FACILITY AND TRANSFER STATION LOCATED AT 1501 W. Allow GLADSTONE STREET 2' me Bldg Height Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS Mayor Pro -Tem Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING VARIANCE V Res. 11-056 2010-04, TO MODIFY OPERATIONAL STANDARDS FOR A RECYCLING FACILITY — V2010-04 PROCESSING FACILITY FOR THE WASTE MANAGEMENT MATERIAL RECOVERY FACILITY Modify Stndrds AND TRANSFER STATION LOCATED AT 1501 W. GLADSTONE ST Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS Mayor Pro -Tem Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING DESIGN Res. 11-057 REVIEW DR 2009-01 FOR THE CONSTRUCTION OF A MATERIAL RECOVERY FACILITY AND DR 2009-01 TRANSFER S"CATION, LOCATED AT 1501 W. GLADSTONE STREET Approving Design Review Moved by Mayor Pro -Tem Hanks, seconded by Councilmember Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, HANKS, ROCHA ,NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MACIAS Councilmember Gonzales offered a Resolution entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING A I" Rdg Ord DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION AND OPERATION OF A MATERIAL Approving RECOVERY :FACILITY AND TRANSFER STATION, LOCATED AT 1501 W. GLADSTONE Development STREET Agreement MRF Moved by Councilmember Gonzales, seconded by Councilmember Carrillo and unanimously* carried to waive further reading and introduce the proposed ordinance. 07/05/11 PAGE SIX It was consensus of Councilmembers to adjourn in memory of Mrs. Ida Garrett. Adjourn in Memory of 1. Garrett TIME OF ADJOURNMENT: 11:48 P.M. * Indicates Macias absent. NEXT RESOLUTION NO. 2011-059. NEXT ORDINANCE NO. 2011-011. n 07/05/11 PAGE SEVEN