HomeMy WebLinkAboutOrdinance No. 04-O8•
ORDINANCE NO. 04-08
AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 88 OF THE AZUSA
MUNICIPAL CODE BY ADDING SECTION 88.225 REGARDING USE OF DEVELOPMENT
AGREEMENT FEES PAID FOR IMPLEMENTATION OF THE MONROVIA NURSERY PROJECT
WHEREAS, on May 4, 2004, a majori(y of the qualified voters of the City of Azusa approved
ordinances adopting a Development Agreement and land use approvals for the Monrovia Nursery
Development Project (the "Project'); and
WHEREAS, the Development Agreement requires the landowner to pay certain consideration in
the form of development agreement fees; and
WHEREAS, the City Council desires to control the use of the development agreement fees "paid by
the developer for the Project to insure that the monies deposited are used in an appropriate manner that
does not involve on-going operations or programs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. New Section 88-225 is hereby added to Division 4 of Chapter 88 of the Azusa
Municipal Code to read as follows:
"Section 88.225. Monrovia Nursery Development Agreement
Fees — Separate Fund.
Development Agreement Fees
Pursuant to Section 5.1 of the Monrovia Nursery Development
Agreement, $3,500,000.00 shall be paid to the City upon sale of certain
real property and up to an additional $1,500,000.00 shall be paid based
on the issuance of certificates of occupancy ('Development Agreement
Fees").
The City shall create a separate Fund and shall place the
Development Agreement Fees into this separate Fund. These. fees shall
not under any circumstances be used for ongoing maintenance and
operations, including personnel salaries or benefits. The Development
Agreement Fees may be used to enhance improvements that benefit the
entire community as follows:
For a one-time expenditure for the following uses with priority
given as listed below, but only if prior to the expenditure the City Council
adopts a resolution authorizing use of the fees for the particular project:
1. Traffic improvements and signalization outside of the Monrovia Nursery
project area to mitigate traffic impacts identified in the Environmental Impact
Report approved for the 2004 General Plan update;
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2. Park and recreation improvements outside of the Monrovia Nursery project
area.
Notwithstanding the restriction set forth above, within 90 days of the City's receipt of the initial
$3,500,000 payment, the City Council may adopt a resolution authorizing a ane -time transfer from the
separate Fund to the City's General Fund reserves to enhance those reserves and bring them to a level of
at least ten (10) percent of the General Fund budget.
SECTION 2. Severability. The provisions of this ordinance are severable and the invalidity of
any section, paragraph, phrase, clause or part of this ordinance shall not affect the validity or effectiveness
of the remainder of this ordinance.
SECTION 3. Effective date. This ordinance shall be in full force and effect thirty (30) days after
its passage.
SECTION 4. Summary. A summary of this ordinance shall be published in the manner required
by law.
PASSED, APPROVED AND ADOPTED this 20th day of t ber, 2004.
a Cruz -Madrid
Mayor
ATTEST:
Vera Mendoza
City Clerk
T HERESY CERTTFYthat the foregoing Ordinance No.04-08, was regularly introduced and place
upon its first reading at a regular meeting of the City Council on the 7r^ day of September, 2004. That
thereafter, said Ordinance was duly adopted and passed at a regular meeting by the City Council on the
20r^ day of September, 2004. By the following vote to wit:
A YES: COUNCILMEMBERS:HARDISON,STANFORD, ROC HA, CHAGNON,
NOES: COUNCILMEMBERS: MADRID
ABCOUNCILMEMBERS: NONE
UiSENT-2, City Clerk
2
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