HomeMy WebLinkAboutAgenda Packet - February 17, 2004 - CCF.T'Wl��
CITY COUNCIL, AND THE
REDEVELOPMENT AGENCY
AZUSA AUDITORIUM
213 EAST FOOTHILL BOULEVARD
AZUSA CITY COUNCIL
CRISTINA C. MADRID
MAYOR
DIANE CHAGNON
COUNCILMEMBER
TUESDAY, FEBRUARY 17, 2004
6:30 P.M.
IOSEPH R. ROCHA
MAYORPROJEMPORE
DICK STANFORD DAVE HARDISON
COUNCILMEMBER COUNCILMEMBER
1. CLOSED SESSION
A. REAL PROPERTY NEGOTIATIONS: (GOV. Code Sec. 54956.8)
Address: 428-432 N. San Gabriel Avenue. Azusa, CA 91702
Agency Negotiators: City Manager Cole, Assistant City Manager Person and
Economic/Redevelopment Director Hennessey
Under Negotiation: Price and Terms of Payment
B. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION (Gov. Code Sec. 54956.9
(b)). One Case.
C. PUBLIC EMPLOYEE APPOINTMENT (Gov. Code Sec. 54957)
Title: City Manager
7:30 p.m. - Convene to Regular Meeting of the City Council.
• Call to Order Y
• Pledge to the Flag
• Invocation - Pastor Logan H. Westbrooks of Faith Temple Church of God in Christ
• Roll Call
11. PUBLIC PARTICIPATION
Person/Group sha//be allowed to speak without interruption up to five (5) minutes, subject to
compliance with applicable meeting rules. Questions to the speaker or responses to the
speaker's questions or comments, shall be hand/ed after the speaker has completed his/her
comments. Public Participation will be /invited to sixty (60) minutes.
A. Dr. Michael Hurtado, Dean of Continuing Education of Citrus College, to address Council
regarding Measure G - Citrus College Facility Bond.
Ill. REPORTS UPDATES. PENDING ITEMS AND ANNOUNCEMENTS FROM COUNCIL AND STAFF
A. Mayor Pro -Tem Rocha - request for a commemorative tree planting at Slauson Park.
B. City Treasurer Macias - Update on Certificates of Participation and Tax Allocation Bonds.
IV. SCHEDULED ITEMS
A. INFORMAL PUBLIC HEARING - on Los Angeles County Fire Department Weed Abatement
Protest Hearing. Recommendation: Open the Public Hearing, receive testimony from affected
property owners and refer objections to the Los Angeles County Fire Department Brush
Clearance Office for consideration. Approve the motion and abatement order directing
abatement of the nuisance by removing all weeds, and rubbish from the affected improved
parcels.
B. Business License Suspension/Revocation Hearigg for "The Last Chance Saloon', 832 N.
Azusa Avenue. Recommendation: Staff requests that this item be continued to the Council
meeting of March 1, 2004.
02/17/04 PAGE TWO
C. PUBLIC HEARING - on the General Plan and General Plan and Development Code Draft
Environmental Impact Report (DEIR for the City of Azusa. Recommendation: Continue the
' Public Hearing to the meeting of March 15, 2004.
D. CONTINUED PUBLIC HEARING - on an amendment to an existing conditional use permit C-
89-20 requested by Vulcan Materials/Azusa Rock, 3901 Fish Canyon, to modify the conditions
of approval to delete the requirement for a grade separation of the existing haul road and the
existing bike trail. Recommendation: Continue the public hearing to the meeting of March
15, 2004.
V. CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one
vote. if Staff or Councilmembers wish to address any item on the Consent Calendar
individually, it will be considered under SPECIAL GALL ITEMS.
A. Approval of Minutes. Recommendation: Approve minutes as written.
B. Human Resources Action Items. Recommendation: Approve Personnel Action Requests
in accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable
Memorandum of Understanding(s).
C. The City Treasurer's Report as of January 31, 2004. Recommendation: Receive and file the
report.
D. Approval Of Plans And Specification For "Pavement Management Plan Improvements"
Projects and Authorization to Advertise. Recommendation: Approve the plans and
specifications for the 1) Pavement Management Plan and Improvements - Overlays, and 2)
Pavement Management Plan and Improvements - Slurry and Cape Seal.
02/17/04 PAGE THREE
Plans and Specifications for the Rio San Gabriel Bike Path Project for the Purpose of Formal
Bidding as per City Policy. Recommendation: Approve the bid documents and plans and
specifications for the Rio San Gabriel Bike Path project for the purpose of formal public bidding
per City policy.
F. Request for Leave of Absence Without Pay. Recommendation: Approve the leave of absence
without pay as requested by a City employee pursuant to Azusa Civil Service Rules, Section 6.8.
G. Project Completion Notices for West Wing_ Improvements and Recreation Building.
Recommendation: 1) Approve the Notice of Completion for Advantage Project Builders,
West Wing Improvements, and the final contract price of $86,440.41, 2) Approve the Notice of
Completion for Yocum Business Furnishings, West Wing Building Furniture, and the final
contract price of $45,336.40, #) Approve the Notice of Completion for Award Project Builders,
Recreation Building Improvements, and the final contract price of $149,471.00, and 4)
Approve transfer of $35,000, from savings realized in the Recreation Building Improvements
project, to a special fund to procure and install security measures in the City Council Chambers.
H. Resolution Authorizing Payment of Warrants by the Citv. Recommendation: Adopt
Resolution No. 04-C 17.
VL AGENCY SCHEDULED ITEMS
A. CONTINUED PUBLIC HEARING -on the proposed sale of Agency property located at 428-432
N. San Gabriel Avenue to LTA, LLC (Mr. Tim and Ben Arrietta), owners of the La Tolteca
Restaurant. Recommendation: The Public Hearing will be re -noticed for the meeting of March
.1, 2004.
VII. REDEVELOPMENT AGENCY CONSENT CALENDAR
The Consent Calendar adopting the printedrecommended actions wi//be enacted with one vote.
if Staff or Directors wish to address any item on the Consent Calendar individually, it will be
considered under SPECIAL CALL ITEMS.
A. Minutes of the Redevelopment Agency. Recommendation: Approve minutes as written.
02/17/04 PAGE FOUR
L
B. The Agency Treasurer's Report as of January 31, 2004. Recommendation: Receive and file.
C. Resolution Authorizing Payment of Warrants by the Agency. Recommendation: Adopt
Resolution No. 04-R5.
VIII. ORDINANCES/SPECIAL RESOLUTIONS
A. Ordinance Amending Various Sections of the Azusa Municipal Code to Allow the Filing of
Annual Permits by the Downtown Business Association for Sidewalk/Parking Lot Sales Events
and Exhibits for Promotion of the Downtown District. Recommendation: Waive further
reading and adopt Ordinance No. 04-01, amendingvarious sections of the AMC to allow filing
of annual permits by DBA for Sidewalk/Parking Lot Sales Events.
B. Ordinance Supplanting Chapter 60 of the Azusa Municipal Code relating to Stormwater and
Urban Runoff Pollution Prevention. Recommendation: Waive further reading and adopt
Ordinance No. 04-02, supplanting Chapter 60 of the Azusa Municipal Code.
C. Ordinance Amending Chapter 30 Azusa Municipal Code Concerning Fireworks and Resolution
Adopting a "No Fireworks Zone Map". Recommendation: Waive further reading and adopt
Ordinance No. 04-03, amending Chapter 30 Azusa Municipal Code concerning fireworks.
Waive further reading and adopt Resolution No. 04-C 18, adopting a "No Fireworks Zone Map".
IX ADJOURNMENT
A. Adjourn.
/n compliance with the Americans with DisabilitiesAct, ifyou need special assistance to participate
in a city meeting, please contact the City Clerk at 616-812-5119. Notification three (3) working
days prior to the meeting when special services are needed will assist staff in assuring that
reasonable arrangements can be made to provide access to the meeting.
02/17/04 PAGE FIVE
A SPECIAL TRIBUTE FOR:
PETE MACK/1Y
Please join us as we plant a tree and dedicate a bench in Pete's
memory on:
THURSDAY, FEBRUARY 5, 2004
1:30 TO 3:00 P.M.
AZUSA TRANSIT CENTER
850 W TENTH STREET
AZUSA, CA 91702
LIGHT REFRESHMENTS WILL BE SERVED.
$4,825000
City of Azusa
2003 Lease Revenue RefuncOng
Certificates of Pan I M iF�ation
$4,825,000
CITY OF AZUSA
2003 LEASE REVENUE REFUNDING
CERTIFICATES OF PARTICIPATION
The net proceeds of the 2003 COP's were used to refund the $4,435,000 in outstanding
Series 1994 Capital Improvement Refinancing Project COP'S (the 1994 COP's), to pay for
insurance, to fund a debt service reserve account, and pay cost of issuance. The 1994
COP's were not insured. The 2003 COP's were insured by AMBAC. In addition to
AMBAC, bids for insurance were solicited from MBIA and FSA. Due to seismic consid-
erations and the characteristics of the leased assets, AMBAC was the sole bidder.
Ratings were requested from both Standard & Poor's and Moody's Investor's Service.
Moody's had provided a rating on the 1994 COP'S of Baa. No rating was requested from
Standard & Poor's for the 1994 COP's. The 2003 COP's received a rating of A- from
Standard and Poor's and a rating of Baal from Moody's Investor Service.
The purpose of the refunding was to generate savings. The final Bond maturity remains
at August 1, 2020. The Certificates were all sold as serial maturities with no term matu-
rities to take advantage of the yield curve. The debt service savings, after consideration
of all transaction costs including the Certificate insurance, was $942,471 over the
remaining life of the issue. When considering the time value of money, a dollar saved
in the future does not have the same value as a dollar saved today. By discounting the
value of the savings over time using the arbitrage yield as the discount factor, the City's
net present value, today's value, savings total $659,612.
CCM(2(S
11846 Ventura Blvd., Suite 102 Studio City 91604 • Tel: (818)623-2990 • Fax: (818)623-2992 • wwev.cmadvisors.coin
1911 South commercenter East, Suite 307 • San Bernandino • CA 92408 • Tel: (909)890-0052 0 Fax: (909)890-4052
7
blication date: 05 -Dec -2003
Keprinted from RatingsDirect
Azusa, California; Appropriation, Appropriation
Credit Analysts: Paul Dyson, San Francisco (1) 415-371-5079, Peter V Murphy, New York (1) 212-438-2065
Credit Profile Rationale
The 'A-' rating on the City of Azusa, Calif.'s refunding lease revenue
USS4.846 mil 2003 Ise rev rfdg certs of certificates of participation (COPS) reflects the general creditworthiness of
Aart
- Azusa and the city's covenant to budget and appropriate lease payments for
Sale date: 16 -DEC -2003 the use of the leased assets.
OUTLOOK:
STABLE Azusa's general credit characteristics include:
• Good financial performance including strong reserve levels, with an
audited 2002 unreserved fund balance of $9.0 million, or 37.6% of
expenditures;
. A stable local economy with a favorable location that has convenient
employment access to Los Angeles, Orange, Riverside and San
Bernardino Counties;
. Average income indicators and slightly above average unemployment
rates;
• Very low debt at just 1.1 % of true value and $518 per capita, 79% of
which is from overlapping jurisdictions.
The certificates are secured by city lease payments. Through a lease
agreement with the Azusa Public Financing Authority, the city will make
periodic lease payments sufficient to amortize the certificates. The city has
covenanted to budget and appropriate annual lease payments for the use of
the leased assets, which include city hall, city hall's west wing, and the city's
senior center. The authority assigns all rental payments to the trustee. The
city may abate lease payments in the event of damage or destruction to the
assets or a taking of the leased assets by eminent domain. To mitigate the
risk of abatement in such a case, the city has covenanted to maintain at least
24 months of rental interruption insurance. In addition, the structure provides
for a debt service reserve funded at the standard three -prong test.
Azusa, with a population of 46,100, is located in Los Angeles County about
24 miles east of downtown Los Angeles. The economy represents a diverse
blend of industrial, commercial, agricultural, and residential development.
Leading employers include Azusa Unified School District (1,600 employees),
Northrop -Grumman (1,356), Azusa Pacific University (900), Monrovia
Nursery (700), and the city itself (499). Building permits have hit a five-year
high in 2003 with 176 new dwelling units and a valuation of $70 million.
Median household effective buying income is average compared to the
nation at 103%, but below average on a per capita basis at 65% of the
nation. Unemployment as of June 2003 was above average at 7.8%, versus
county, state, and national averages of 6.9%, 6.7%, and 6.3%, respectively.
INFORMAL PUBLIC HEARING
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: DAVE RUDISEL, COMMUNITY IMPROVEMENT MANAGER
VIA: ROY E. BRUCKNER, COMMUNITY DEVELOPMENT DIRECTOR
RICK COLE, CITY MANAGER /`(l
DATE: FEBRUARY 17. 2004
SUBJECT: LOS ANGELES COUNTY FIRE DEPARTMENT WEED ABATEMENT
PROTEST HEARING
RECOMMENDATION
1. Conduct an informal protest hearing and refer any property owners with
objections to the Los Angeles County Fire Department Brush Clearance Office
for consideration.
2. Approve the motion and abatement order directing abatement of the
nuisance by removing all weeds, and rubbish from the affected improved
parcels.
BACKGROUND
On February 2, 2004„ the City Council adopted Resolution No. 04-C15
declaring certain improved land parcels within the City a public nuisance due to
recurring weed growth and/or the presence of rubbish. Pursuant to the
Resolution, a protest hearing is required to afford affected property owners an
opportunity to voice their objections. The owners of all affected parcels have
been notified by the Los Angeles County Fire Department of the date and time
for the protest hearing. This process is a ministerial duty by the City Council
and is required under provisions of state and local laws. Staff has attached
copies of the Resolution adopted February 2, 2004, for Council review.
FISCAL IMPACT
The costs of Brush Clearance are part of Azusa's contract costs with the Fire
District. In the event abatement work occurs on privately owned properties, the
costs are recovered through the Los Angeles County Board of Supervisors.
There are no added direct costs or additional fiscal impacts to the city for this
service.
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FR -
VV
VIA.
DATE:
SUBJECT:
;ITY COUNCIL MEMBERS
NITY IMPROVEMENT MANAGER
NITY DEVELOPMENT DIRECTOR
.�....n %-ULL, u I Y MANAGER 'Al -
FEBRUARY 2, 2004
ANNUAL WEED ABATEMENT RESOLUTION (IMPROVED PARCELS)
RECOMMENDATION
It is recommended that the City Council adopt the Resolution declaring hazardous brush,
dry grass, weeds, combustible growth or Flammable vegetation, to include ornamental
vegetation, in the City of Azusa a seasonal and recurring nuisance, and setting the date
and time of February 17, 2004, at 7:30 p.m., as the date and time to conduct a protest
hearing for affected property owners before the City Council.
BACKGROUND
The City of Azusa has contracted with the Los Angeles County Fire Department since
1982. In an amended and restated agreement entered into in 1997, the City of Azusa
was formally recognized by the Los Angeles County Board of Supervisors as being part of
the Consolidated Fire Protection District. Since Azusa is now recognized as part of the
District, the Los Angeles County Department of Agriculture is now authorized to perform
all weed abatement activities on unimproved parcels and due process is provided
through the Board of Supervisors.
However, due to terms of Azusa's contract with the Consolidated Fire Protection District
that prohibits the County from charging fees and penalties that are inconsistent with the
city contract, a separate hearing is still required for improved parcels within the City of
Azusa. As such, the attached Resolution sets a date and time for a protest hearing for
affected property owners to challenge their inclusion on the proposed Declaration List of
parcels that were determined by the Fire Department to contain hazardous and
obnoxious weed growth.
/
Department of Community Development
P.O. Box 1395, Azusa, Ca. 91702 - (626) 812-5236 - Fax (626) 334-5464
The original draft Resolution provided by the Fire Department contained language
referring to inspection fees and non-compliance fines. Staff has discussed this with the
Fire Department and they have agreed to adhere to provisions set forth in the Amended
and Restated Agreement For Services between the City of Azusa and the Consolidated
Fire Protection District dated September 30, 1997. Should any fees or fines be collected
from Azusa property owners, the County would have to credit the total amount
generated from the following year contracted cost for fire protection services.
The attached Resolution declares certain improved properties within the City to be a
public nuisance due to the presence of noxious weeds and debris as determined by the
Los Angeles County Fire Department Inspectors. This is simply the first step in the weed
abatement process for improved parcels, and notifies property owners that weeds and
debris must be abated. Once notified, the affected property owner(s) can either clean
and maintain their properties themselves, or have the County perform the service for a
fee. The Resolution further sets the date of February 17, 2004 at 7:30 p.m. as the date
and time for the hearing of any protests from the affected property owners.
FISCAL IMPACT
No costs to the City of Azusa are projected, and may generate a very small amount of
revenue in the form of an offset to next year's fire contract costs.
Department of Community Development
P.O. Box 1395, Azusa, Ca. 91702 - (626) 812-5236 - Fax (626) 334-5464
COUNTY OF LOS ANGELES
FIRE DEPARTMENT
132D NORTH EASTERN AVENUE
LOS ANGELES, CALIFORNIA 90063-3294
P. MICHAEL FREEMAN (626) 974-8371
FIRE CHIEF
FORESTER & FIRE WARDEN
January 14, 2004
The Honorable Cristina Cruz -Madrid
Mayor, City of Azusa
213 East Foothill Boulevard
Azusa, CA 91702
Dear Mayor Cruz -Madrid:
RESOLUTION DECLARING HAZARDOUS BRUSH, DRY GRASS, WEEDS, COMBUSTIBLE
GROWTH OR FLAMMABLE VEGETATION INCLUDING NATIVE AND ORNAMENTAL
VEGETATION IN THE CITY OF AZUSA A SEASONAL AND RECURRING NUISANCE
Attached is a Resolution declaring hazardous brush, dry grass, weeds, combustible growth or flammable
vegetation, including native and ornamental vegetation, upon the improved parcels in the City of Azusa a
seasonal and recurring nuisance. Improved properties will be inspected by the County of Los Angeles Fire
Department to verify that said hazardous brush, dry grass, weeds, combustible growth or flammable vegetation
have attained such a growth as to become a fire menace to said parcel or adjacent improved properties.
Recovery of abatement enforcement costs include actions taken by the Fire Department to ensure compliance
following failure to comply with the second official notice to abate brush hazards identified during physical
inspection by the County of Los Angeles Fire Department. Mailing of the declaration card, initial and follow-up
inspections by the local jurisdictional fire station are part of the annual Brush Inspection Program and are not
part of the abatement costs recovered. Based on time and motion studies conducted for 1996, the County of Los
Angeles Auditor -Controller has approved an abatement enforcement cost of $231 per parcel. This is in addition
to the $200 per parcel Administrative Penalty for non-compliance approved by the Board of Supervisors on
December 17, 1996.
- /rJu �I P/)o
SERVING THE UNINCORPORATED AREAS OF LOS ANGELES COUNTY AND THE CITIES OF
AGOURA HILLS
BRADBURY
CUDAHY
HAWTHORNE
LAMIRADA
MAUSU
POMONA
SIGNAL HILL
ARTESIA
CALABASAS
DIAMOND BAR
HIDDEN HILLS
LA PUENTE
MAYWOOD
RANCHO PALOS VERDES
SOUTH EL MONTE
AZUSA
CARSON
DUARTE
HUNTINGTON PARK
LAKEWOOD
NORWALK
FOULING HILLS
SOUTH GATE
BALDWIN PARK
CERRITOS
EL MONTE
INDUSTRY
LANCASTER
PALMDALE
POLLING HILLS ESTATES
TEMPLE CITY
BELL
CLAREMONT
GARDENA
INGLEWOOD
LAWNDALE
PALOS VERDES ESTATES
ROSEMEAD
WALNUT
BELL GARDENS
COMMERCE
GLENDORA
IRWINDALE
LOMITA
PARAMOUNT
SAN DIMAS
WEST HOLLYWOOD
BELLFLOWER
COVINA
HAWAIIAN GARDENS
LACANADA-FUNTRIDGE
LYNWOOD
PICO RIVERA
SANTACLARITA
WESTLAKE VILLAGE
WHITTIER
The Honorable Cristina Cruz -Madrid
Mayor, City of Azusa
January 14, 2004
Page 2
IT IS THEREFORE RECOMMENDED THAT YOUR HONORABLE CITY COUNCIL ACTING AS THE
GOVERNING BODY OF THE CITY OF AZUSA:
Adopt the attached Resolution at your meeting on February 2, 2004, establishing
February 17, 2004 at 7:30 pmL, in the Council Chambers of City of Azusa, located at
213 East Foothill Boulevard, Azusa as the date and time for hearing of protests by the
Brush Clearance Referee.
Notices to destroy hazardous brush, dry grass, weeds, combustible growth or flammable vegetation to include
native and ornamental vegetation will be mailed to the owners of improved declared properties in the form
required in Section 14892 of the California Health and Safety Code upon receipt of your approval. An affidavit
of mailing will be returned to you when the mailing of notices as provided in Section 14896 of the Health and
Safety Code has been completed.
Sincerely yo rs,
ASSISTANT FIRE CHIEF DANIEL . SCOTT
DIVISION U, EAST REGIONAL OPERATIONS BUREAU
DS:it
Attachments
c: City Council Members
City Manager
a
RESOLUTION NO. 04—C15
RESOLUTION OF THE CITY OF AZUSA
DECLARING PUBLIC NUISANCE
WHEREAS, hazardous brush, dry grass, weeds, combustible growth or flammable vegetation including
native and ornamental vegetation, where growing upon the real property often attain such growth as to become,
when dry, a fire menace to said or adjacent improved parcels or which are otherwise noxious or dangerous; and
WHEREAS, the presence of hazardous brush, dry grass, weeds, combustible growth or flammable
vegetation, including native and ornamental vegetation, upon the real property are conditions which endanger the
public safety and constitute a public nuisance and therefore should be abated; and
WHEREAS, such hazardous brush, dry grass, weeds, combustible growth or flammable vegetation,
including native and ornamental vegetation, are a seasonal and recurrent nuisance on the real property located
within the City of Azusa (the "City); and
WHEREAS, the City has a duty to protect the public safety and to take any and all actions necessary to
abate a public nuisance; and
WHEREAS, the County of Los Angeles Fire Department (the "Department") conducts annual
inspections to verify existing hazards and public nuisances where such hazardous brush, dry grass, weeds,
combustible growth or flammable vegetation, including native and ornamental vegetation, on the hereinafter
described real property; and
SECTION 4. Recovery of Inspection Costs. (a) The Department and the Agricultural Commissioner
are hereby authorized and directed to recover their abatement enforcement costs in a manner consistent with
prior action by the Board of Supervisors when they adopted the Administrative Penalty, Abatement Enforcement
Cost, and an inspection fee on all Real Properties failing to comply with the second official notice to abate
hazards on property identified during physical inspection by the Department The recovery of these costs is vital
to the ongoing operation governing the identification and abatement of those properties that constitute a public
nuisance and endanger the public safety.
(b) The owners of the Real Property, upon which, the nuisance exists, shall be presented, both in
writing and at the above referenced hearing, with information regarding the cost of inspection, abatement
enforcement, and non-compliance penalties.
The foregoing resolution was adopted on the 9 nd day of F e b r u a r y
2004, by the City Council of the City of Azusa.
I hereby certify that the foregoing resolution was duly adopted by the City Council of the City
of Azusa at a regular meeting thereof held on the 2nd day of February, 2004, by the following vote of
the Council:
AYES: COUNCIL.MEMBERS: Hardison, Stanford,Rocha,Chagnon, Madrid
NOES: COUNCIL.MEMBERS: None
ABSENT: COUNCILMEMBERS: None
City Cleric, City of Azusa
WHEREAS, Division 12, Part 5 of the California Health and Safety Code (Sections 14875 through
14922, inclusive), authorizes the City Council, by resolution, to declare a public nuisance and to authorize the
abatement thereof.
NOW, THEREFORE, BE If RESOLVED BY THE CITY COUNCIL. OF THE CITY OF AZ[7SA AS
FOLLOWS:
SECTION 1. Council Finds. The City Council of the City of Azusa hereby finds that hazardous brush
dry grass, weeds, combustible growth or flammable vegetation, including native and ornamental vegetation, upon
the real property hereinafter described in Exhibit 1 (the "Real Property', when verified by inspection by the
Department are hereby declared to be a seasonal recurrent public nuisance which should be abated.
SECTION 2. Notice. (a) The Department is hereby designated, authorized and directed to give notice
to destroy said hazardous brush, dry grass, weeds, combustible growth or flammable vegetation to include native
and ornamental vegetation from the Real Property.
(b) Not less than 10 days prior to the date of the hearing, the Department shall cause notice to be given
to each owner of Real Property by mail as their names and residential addresses and a description of the property
in question appear from thejast equalized assessment roll, or as they are known to the clerk, and said notice shall
be substantially in the form as provided in Exhibit 2 of this resolution.
SECTION 3. Hearing. In conjunction with the Department, on Tuesday, the 17th of February 2004, at
the hoar of 7:30 p.m., in the Council Chamber of the City, located at 213 East Foothill Boulevard, Azusa is fixed
by the City as the time and place when and where any and all owners of Real Property having any objections to
the aforementioned proposed removal of hazardous brush, dry grass, weeds, combustible growth or flammable
vegetation, including native and ornamental vegetation, following inspection and further notice by the
Department may appear before the Brush Clearance Referee and show cause why said hazardous brush, dry
grass, weeds, combustible growth or flammable vegetation, including native and ornamental vegetation, should
not be removed in accordance with this Resolution, and said objections will then and there be heard and given
due consideration.
. n:
DESCRIPTION OF PROPERTIES
In accordance with Chapter 2, Part 5, Division 12 of the California Health and Safety Code
(commencing with Section 14880), the Real Property, upon which the nuisance exists, are hereby described in
the attached Declaration List of Properties.
NOTICE TO DESTROY HAZARDOUS BRUSH, DRY GRASS, WEEDS,
COMBUSTIBLE GROWTH OR FLAMMABLE VEGETATION
INCLUDING NATIVE AND ORNAMENTAL VEGETATION
NOTICE IS HEREBY GIVEN THAT ON the 2nd of February, 2004 the City Council of Azusa passed or will
pass a resolution declaring that hazardous brush, dry grass, weeds, combustible growth or flammable vegetation,
in native and ornamental vegetation, where growing upon said improved property as specifically
described by parcel number in the resolution, to be a potential fire hazard or nuisance which, upon inspection by
the County of Los Angeles Fire Department is verified to be an existing hazard or nuisance and violation of the
County Fire Code pertaining to clearance of brush and vegetative growth, must be removed and the nuisance
abated by County authorities and the cost of removal assessed upon the land. In addition, the Board of
Supervisors authorized and directed the County of Los Angeles Fire Department and the Agricultural
Commissioner to recover their costs related to the enforcement of the fire code. All property owners having
objection to the removal of brush, dry grass, weeds, combustible growth or flammable vegetation including
native and ornamental vegetation, are hereby notified that they may attend a meeting of the City Council of the
City of. Azusa to be held in the Council Chamber of said City at 7:30 p.m. on February 17, 2004, when their
objections will be heard and given due consideration. If the property owner does not want to present objections
to the proposed removal of hazardous brush, dry grass, weeds, combustible growth or flammable vegetation, or
the recovery of enforcement and abatement costs, h'e 1,e need not appear at the above-mentioned meeting(s).
City Clerk ofthe City of Azusa
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
JOHN R. TODD, ASSISTANT CHIEF, FORESTRY, COUNTY OF LOS ANGELES FIRE DEPARTMENT,
being duly sworn says: That on or before the 4th of February, 2004, he mailed or caused to be mailed 57
"Improved Property Annual Brush Clearance Notices" to the owners of each of the properties described in the
attached list as their names and residential addresses and a description of the property in question appear from
the last equalized assessment roll, or as known to the clerk, a notice or notices to destroy hazardous brush, dry
grass, weeds, combustible growth or flammable vegetation, including native and ornamental vegetation, of which
the annexed is a true copy, and setting the 17th day of February 2004, as the date upon which owners of said
property could attend a meeting of the Brush Clearance Referee, when their objections will be heard and given
due consideration.
I have personal knowledge of the foregoing, and if called upon could competently testify thereto.
I declare under penalty of perjury that the foregoing is true and correct.
WITNESSED BY:
This 2nd day of February 2004,
BRUSH CLEARANCE REQUIREMENTS
iousands of homes are in serious danger of destruction by fire because of their proximity to
ush-covered areas. Homes with wood shake roofs, wood siding, decks, patio covers or exposed
Ives are particularly vulnerable to the spread of fire. Despite efforts by firefighters, wildland fires
nned by strong winds, can destroy homes. It is your legal responsibility to take the necessary
:tion to clear vegetation around any given structures. A firesafe landscape creates a defensible
lace to help protect against approaching wildfires.
All flammable vegetation identified as a fire hazard by the inspection officer shall be
mowed or cut to a stubble height of 3 inches, for 30 feet around any structure or 50
feet in high hazard areas (County of Los Angeles Fire Code 1117.2.2(2),1117.2.3).
Create a firebreak for the next 70 feel, for a total of t OD feel, around any structure
by clearing, trimming, thinning, cutting back and removing flammable vegetation.
For high hazard areas, this distance can be increased to a maximum of 200 feet
(County of Los Angeles Fire Code 11172.2(3),1117.2.3).
Single specimens of trees, ornamental shrubbery, or ground covers are permissible,
provided that they do not form a means of transmitting fire from native growth to the
structure (County of Los Angeles Fre Code 11172.2(2)). It is recommended that
specimens shall be spaced a minimum of 15 feet or 3 times their diameter from other
specimens, structures or surrounding native brush.
Access roads shall be maintained with a minimum of 10 feet of brush clearance
on each side. Fre access roads shall have an unobstructed vertical clearance clear
to the sky. Trees overhanging fire access roads shall be maintained to provide
adequate vertical clearance (County of Los Angeles Fire Code 902.22.1).
Provide a minimum of 3 feet of brush clearance around all fire hydrants (County of
Los Angeles Fire Code 1001.7.2).
It is strongly recommended that all trees and shrubs shall be maintained free of dead
wood and litter. Trees and shrubs may be required to be trimmed up from the ground
113 of their height.
II plants will bum under extreme fire weather conditions. Fre resistant plants bum at a relatively
w intensity, at slow rates of spread and with short flame lengths. To best protect your home from
'e, it is recommended that fire resistant plants be used when landscaping. A list of these plants can
obtained through the County of Los Angeles Fre Department, Brush Clearance Unit, telephone
ember (626) 969-2375. .
BRUSH CLEARANCE MAINTENANCE IS A YEAR-ROUND RESPONSIBILITY
MINIMUM DISTANCES REQUIRED
EXTRA HAZARDOUS AREAS MAY REQUIRE 200 FEET OF CLEARANCE
NOTE: Smell lots may make these clamenoa distanoes impossible.
You are only responsible to clam up to your property lines. Gearanoe
of property adjacent to your lot is the responsibility of the adjacent
property ovine,.
YOU ARE UNCLEAR AS TO THE CLEARANCE REQUESTED, PLEASE CONTACT YOUR LOCAL FIRE STATION
ws. Wotce ptRel
Dear Improved Properly Owner:
This is not a citation or summons. No action is required at this
time, however this is the first brush clearance notice and a reminder that
the County of Los Angeles Fire Department Will be conducting annual
brush clearance inspections within the next few months.
The County Fire Code states that parcel owners are responsible
throughout the year for the maintenance of all brush, flammable
vegetation (nalive and/or ornamental), and other combustible materials
situated on their property.
General dealing requirements are listed on the reverse side of this
notice. Please review these clearing requirements and take appropriate
action prior to the annual inspection date for your area Abatement of
potential or existing hazards prior to the inspection saves the Fire
Department and yourself valuable money and time and insures a safer
community.
Inspections are scheduled to begin April 1 in the Antelope. Valley, June 1
in the Coastal Area, and May 1 in all other areas. It hazardous fire
conditions east on your property at the time of inspection, you will be
issued an Official Inspection Report which Will indicate eAsting violations,
and provide specific clearing instructions and a compliance deadline.
Failure to comply with the Official Inspection Report issued at the time of
the inspection will result in the imposition of a $200 administrative
penalty and an additional $231 special assessment on your annual tax
bill as item GO FIRE ABMT ENF to recover the County of Los Angeles
Fire Department costs related to the enforcement of the Fire Code.
Additionally, if your parcel is inspected or cleared by the Agricultural
Commissioner, an inspection fee of $29.73 or the dealing costs will be
placed on your annual tax bill as item LA CO HAZ ABATE.
In most cases, it is more cost effective to do the work yourself or to hire a
vendor to do the work. A vendor list is available at your local fire station.
For additional information regarding specific clearing requirements,
contact your local fire station or the Brush Clearance Unit at (626)
969-2375.
NOTICE TO DESTROY HAZARDOUS BRUSH, DRY GRASS, WEEDS,
COMBUSTIBLE GROWTH OR FLAMMABLE VEGETATION TO
INCLUDE NATIVES AND ORNAMENTALS
NOTICE IS HEREBY GIVEN THAT ON FEBRUARY
2, 2004, THE CITY COUNCIL OF THE CITY
OF AZUSA
Passed or wB pass a resolution declaring that hazardous brush, dry grass, weeds, combustible growth
or flammable vegelalion to include native and ornamental vegetation where growing upon or in hunt of
said improved property as specifically described by parcel number in the resolution, to be a potential
fire hazard or nuisance which, upon inspection by the County of Los Angeles Fha Department Is
verified to be an esisling hazard or nuisance and violation of the County Fine Code pertaining to
clearance of brush and vegetative growth, must be removed and Ne nuisance abated by the County
au1her0ies and the cost of removal assessed upon the land. In additlen, the Board of Supervisors
authorized and directed the County of Los Angeles Fine Department and the Agricultural
Commissioner to recover then costs related to the enhucomenl of the fee code. At property mets
having objection to the removal of brush, dry grass, weeds, combuslibb growth ar flammable
vegetation including natives and ornamentals are hereby nolifed that they may attend a brush
clearance referee meeting (1) in The Antelope Vallev at LOS ANGELES COUNTY ADMINISTRATIVE
BLDG. 305 A EAST AVE. K4, LANCASTER, CA 90505, ON WEDNESDAY, FEBRUARY 1S, 2009
AT 9:70 A.M. OR (2) A MEETING OF THE
CITY COUNCIL OF SAID CITY TO BE HELD AT
213 E. FOOTHILL BLVD., AZUSA, CA
91702, IN THE COUNCIL CHAMBERS ON
FEBRUARY 17. 2004 AT 7:30 P.M.
when Iheb objections wig be heard and given due consideration. II Iho properly mvnardoes rml want
to present objections to the proposed removal of hazardous brush, dry grass, weeds, combustible
growth or Ilemmable vegetation, or the recovery of onlmcemenl and abatement costs, helshe need
not appear el the above mentioned meeling(s).
�.F?r. 9�"iT (('r�.�% Ims.�,��^i{'�`'•s>,:, pj; ,��'%.... ✓5Sfl
V. MENDOZA
•„!ll�,r.'/f .p fli. ,l,.�.,,..9,./,.;?.f/,f.Clf"....,r'9,.c.,ir4„r.,..n CITY CLERK
PROPERTY DESCRIPTION
SEQNM 351
COUNTY OF LOS ANGELES FIRE DEPARTMENT
PREVENTION BUREAU
BRUSH CLEARANCE UNIT
605 N. ANGELENO AVENUE
AZUSA, CA 91702-2904
(626) 969.2375
IMPROVED PROPERTY
ANNUAL BRUSH CLEARANCE
NOTICE
LW13
LOS ANGELES COUNTY DECLARATION LIST PAGE
1
DATE
12
15
03
IN SEQ BY
WEED -KEY,
THEN PARCEL FD IMPROVED
ZONE
CITY CODE
STREET ADDRESS
PARCEL NO.
KEY'
06
050
4001
FISH CANYON RD
8684
008
014
3
C
06
050
1455
N HILLTOP DR
8684
020
001
3
C
06
050
1467
N HILLTOP DR
8684
020
004
0
C
06
050
1465
N HILLTOP DR
8684
020
013
9
C.
O6
050
1469
N HILLTOP DR
8684
020
014
8
C
06
050
1471
N HILLTOP DR
8684
020
016
6
C
06
050
1510
N SAN GABRIEL CANYON RD
8684
020
022
8
C
06
050
1500
N SAN GABRIEL CANYON RD
8684
020
023
7
C
06
050
1569
N VIEWCREST DR
8684
021
010
0
C
06
050
1561
N VIEWCREST DR
8684
021
011
9
C
06
050
1557
N VIEWCREST DR
8684
021
012
8
C
06
050
1539
N VIEWCREST DR
8684
021
014
6
C
06
050
1533
N VIEWCREST DR
8684
021
015
5
C
06
050
627
E SIERRA MADRE AVE
8684
022
001
9
C
06
050
563
E SIERRA MADRE AVE
8684
022
007
3
C
06
050
611
E SIERRA MADRE AVE
8684
022
008
2
C
06
050
579
E SIERRA MADRE AVE
8684
022
010
8
C
06
050
595
E SIERRA MADRE AVE
8684
022
011
7
C
06
050
1790
SAN GABRIEL CANYON RD
8684
023
013
3
C
06
050
1728
SAN GABRIEL CANYON RD
8684
023
014
2
C
06
050
1724
SAN GABRIEL CANYON RD
8684
023
015
1
C
06
050
1720
SAN GABRIEL CANYON RD
8684
023
016
0
C
O6
050
1830
N AZUSA AND SAN.GABRIEL CAN
8684
023
017
9
C
06
050
100
N OLD SAN GABRIEL CANYON RD
8684
027
002
7
C
06
050
2350.N
SAN GABRIEL CANYON RD
8684
027
004
5
C
06
050
2280
N SAN GABRIEL CANYON RD
8684
027
012
5.
C
06
050
1460
N HILLTOP DR
8684
034
006
9
C
06
050
210
E VIEWCREST DR
8684
034
010
3
C
06
050
230
E VIEWCREST DR
8684
034
011
2
C
06
050
250
E VIEWCREST DR
8684
034
012
1
C
06
050
280
E VIEWCREST DR
8684
034
013
0
C
06
050
1481
N VISTA DEL CIR
8684
034
014
9
C
06
050
1450
N VISTA DEL CIR
8684
034
015
8
C
06
050
1433
KNOB HILL DR
8684
034
020
1
C
06
050
1415
N NOBHILL DR
8684
034
021
0
C
06
050
285
E SIERRA MADRE AVE
8684
034
027
4
C
06
050
295
E SIERRA MADRE AVE
8684
034
028
3
C
06
050
213
E SIERRA MADRE AVE
8684
034
034
5
C
06
050
389
E SIERRA MADRE AVE
8684
035
011
9
C
06
050
333
E CLEARHAV`EN DR
8684
036
018
0
C
06
050
325
E CLEARHAVEN DR
8684
036
019
9
C
06
050
311
E CLEARHAVEN DR
8684
036
020
6
C
06
050
303
E CLEARHAVEN DR
8684
036
021
5
C
06
050
1589
N HILLTOP DR
8684
036
022
4
C
06
050
1599
N VIEWCREST DR
8684
036
023
3
C
06
050
1587
N VIEWCREST DR
8684
036
024
2
C
06
050
1575
N VIEWCREST DR
8684
036
025
1
C
LW13
LOS ANGELES
COUNTY
DECLARATION LIST PAGE
2
DATE
12
15
03
IN SEQ BY WEED-KEY,
THEN PARCEL FD IMPROVED
ZONE
CITY CODE
STREET
ADDRESS
PARCEL NO.
KEY
06
050
1555
N
HILLTOP
DR
8684
036
034
0
C
06
050
1543
N
HILLTOP
DR
8684
036
035
9
C
06
050
1537
N
HILLTOP
DR
8684
036
036
8
C
06
050
1531
N
HILLTOP
DR
8684
036
037
7
C
02
050
1564
N
HILLTOP
DR
8684
036
047
5
C
06
050
1110
CANYON
HEIGHTS DR
8608
003
012
06
050
547
CANYON
HEIGHTS DR
8608
006
039
06
050
1115
CANYON
HEIGHTS DR
8608
006
038
06
050
1123
CANYON
HEIGHTS DR
8608
006
032
06
050
1135
CANYON
HEIGHTS DR
8608
006
034
LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE
IN SEQ BY WEED -KEY, THEN PARCEL FD IMPROVED
ZONE CITY CODE STREET ADDRESS
WEED KEY C TOTAL IMPROVED/VACANT RECORDS
WEED KEY C TOTAL IMPROVED RECORDS
WEED KEY C TOTAL RECORDS
3 DATE 12 15 03 ,
PARCEL NO. KEY,
0
RFY� 57
-5Q 57
THERE IS NO
PAPERWORK FOR
THIS ITEM
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: LISA BROWNFIELD, PROJECT MANAGER
VIA: RICK COLE, CITY MANAGER /9`Y
DATE: FEBRUARY 1 1. 2004
SUBJECT: CITY OF AZUSA GENERAL PLAN AND GENERAL PLAN ANb DEVELOPMENT
CODE DRAFT ENVIRONMENTAL IMPACT REPORT
RECOMMENDATION
It is recommended that the City Council continue the public hearing regarding the Draft General Plan
and the Draft Environmental Impact Report (DEIR). The public hearing should be continued to the
City Council's Monday, March 15, 2004 meeting.
BACKGROUND
Presentations regarding the Draft General Plan and the associated EIR were made to the Planning
Commission at the January 14, 2004 and the January 28, 2004 meetings. The Planning Commission has
continued the public hearing to its Wednesday, February 11, 2004 meeting.
On February 11, 2004, the Planning Commission is anticipated to:
• continue to receive public testimony regarding the Draft General Plan and the DEIR;
• continue its review of the two planning documents; and
• begin its review of the draft responses to the comment letters received.
It is not anticipated that the Planning Commission will act on the February 11, 2004 meeting because of
the complexity of the materials to be reviewed, and some of the Planning Commissioners would like
more time to fully review all the material and to ask questions of City staff.
FISCAL IMPACT
There is no fiscal impact as a result of continuing this public hearing.
THERE IS NO
PAPERWORK FOR
THIS ITEM
CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MONDAY, FEBRUARY 2, 2004 - 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.
CEREMONIAL
Ceremonial
The entire Council presented a Proclamation to Inez Gutierrez for her many years of service to
Proc to I.
the City of Azusa and especially her participation in the Hands Across Azusa Event that was held
Gutierrez
in honor of the late Dr. Martin Luther King, Jr.
-
Mr. Terry Franson of the HRC presented Council with a aerial photograph of the Hands Across
T. Franson
Azusa Event. -
Present
PUBLIC PARTICIPATION
Pub Part
Mr. Ray Akramian addressed Council requesting to purchase the property at 237 S. Azusa
R. Akramian
Avenue. He responded to questions posed by Councilmembers stating that he would build a
Comments
used car lot on the property. He stated that he has offices In Azusa at 135 East Foothill Blvd,
and at 19710 East Arrow Highway in Covina. He then answered questioned posed by Council.
Staff was directed to work with Mr. Akramian to look into the feasibility of his request, and City
Manager Cole advised that he would come back with information on the subject by the first
meeting in March, 2004.
The City Council recessed at 702 p.m. and reconvened at 7:30 pm. Rcss/rcnvn
Mayor Madrid called the meeting to order and led in the Salute to the Flag.
Call to Order
INVOCATION was given by City Manager Cole.
Invocation
ROLL CALL
Roll Call
PRESENT: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON,
MADRID
ABSENT: COUNCILMEMBERS: NONE
ALSO PRESENT:
Also Present
City Attorney Carvalho, City Manager Cole, Assistant City Manager Person, Deputy City
Manager Gutierrez, Community Development Director Bruckner, Community Improvement
Manager Rudisel, Chief of Police Davis, City Engineer Abbaszadeh, Senior Librarian, Technical
Services Supervisor Levy, Adult Education & Literacy Coordinator Resto-Ometeotl, Emergency
Services Coordinator Bruno, City Treasurer Macias, Director of Public Works Nakasone, Director
of Park Planning and Development Noriega, Secretary Rocha, Clerk Mendoza, Deputy City Clerk
Toscano.
PUBLIC PARTICIPATION Pub Part
Mr. Burke Hamilton and Mrs. Inez Gutierrez provided information regarding "Yes on Measure A
B. Hamilton
and Measure B' campaign. They stated that the co-chairs are themselves and Joe Rocha and
8'Gutierrez
that their campaign headquarters is located at 605 N. Azusa Avenue and the phone number is:
on
Yess Meas
969-5240. Mrs. Inez Gutierrez announced the grand opening of the headquarters is on Friday,
A aB
B
February 6, 2004, from 4-7 p.m. She stated that the office will be open daily from 10-6, and
Campaign
invited all residents to come by and obtain information relating the Monrovia Nursery Plan.
Further, they Invited anyone Interested In having meeting in their homes to call 969-5240.
Ms. Cathie Wilson of Temple City addressed Council presenting the San Gabriel Animal joint
C. Wilson
d Powers Authority and the proposal for EI Monte and Alhambra. She expressed her concern
Re: SGA
regarding the proposals and offered advice regarding how to deal with the Authority's
JPA
problems. :.
Mrs. Marie Kukula-Tyner expressed her opinion regarding the Monrovia Nursery Project
M. Tyner
detailing several aspects of the project.
Comments
Ms. Lana Grizzell addressed Council expressing her opinion regarding the Monrovia Nursery
L. Grizzell
Project.
Comments
Mr. Patrick Mallon addressed Council with comments regarding the Annual Report for the City
P. Mallon
of Azusa CFD 2002-1 (Mountain Cove), but mostly talked about the Mountain Cove Community
Comments
Facilities District and how they would be utilized. He asked that the City retain a commercial
estimator to make sure that the money they are required to pay over the next thirty years was
appropriate.
City Manager Cole advised that there is a process going on now to make sure the fees they are
City Mgr
being asked to pay are legitimate. He stated that most the projects were contracted before the
Comments
creation of a Community Facilities District. He advised that he would come back with a status
report on the issue by the March 1, 2004, meeting.
Mr. Michael Tyner addressed Council expressing his opinion regarding revised conditions of
M. Tyner
the specific plan and new pages and added things, for the Monrovia Nursery project.
Comments
Mr. Uriel Macias, City Treasurer addressed Council on behalf of the Eagles Club, stating that last
U. Marcia
October they had a Car Show up at the Eagles Club and Introduced Dave Durrell, Vince and
& Eagles
Barbara Soriano, who presented a check for $1,075 to the Chief of Police for the Explorers
present $
Program.
to Explorers
Mr. Seamus McKeever addressed Council expressing his opinion regarding many Items of his
S. McKeever
concern.
Comments
Ms. Mercedes Cortez encouraged all the residents to come by the Yes Campaign and learn
M. Cortez
more about the Monrovia Nursery project before they make a decision. She also addressed the
Comments
Issue of an ordinance regarding the restaurant grading system stating that Azusa is one of the
only City's that doesn't post grades, and encouraged it to stay that way.
Mrs. Sharon Lewis Invited all to the Azusa Senior Center on February 10, at 6:30 p.m. to hear
S. Lewis
the President of Citrus College speak on Measure G.
Comments
REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS -STAFF
Rpts/Updates
_ Councilmember Stanford addressed the issue regarding restaurant grading system and it's
Stanford
Impacts.
Comments
Community Improvement Manager Rudisel responded to the issue of restaurant grading
Com Imp Mgr
system and the unanswered questions from the County regarding payment of fees to the
Comments
County.
City Manager Cole also responded stating that the City did not pass the enabling ordinance
City Mgr
stating that it is unknown at this time what the implications are going to be to the restaurants
Comments
and that there is a need for the County to respond to the City. He advised that staff member
Rudisel, will come back with a report on the issue by the March 1, 2004 meeting. Mayor
Madrid advised that staff check with County of Board of Supervisor Gloria Molina's office.
Emergency Services Coordinator Olga Bruno introduced Ms. Brenda Hunemiller, Area D
Update on
Coordinator, for the Los Angeles County Disaster Management who addressed Council with a
The Stafford
update on "FEMA Hazard Mitigation Plan". She advised that the Stafford Act has recently been
Act by
changed to Include the Disaster Mitigation Act of 2000 or DMA 2K, she detailed the issue,
B. Hunemiller
noting that local governments must submit, by November of 2004, a local hazard mitigation
plan in order to be eligible for both pre and post disaster mitigation funding and certain types of
permanent restoration funding.
The item regarding the Appointment of a Council Subcommittee to Interface with staff APpt sub-com
concerning council comments on the proposed new general plan, was deferred to the Council General Plan
workshop on the Azusa General Plan to be held on Monday, February 9, 2004. Deferred 2/9
02/02/04 PAGE TWO
City Manager Cole announced that at a prior workshop staff was directed by Council to bring
City Mgr
back three scenarios for the budget as follows: I based upon the Governors cuts, etc, 2 based
Comments
upon what we currently receive, and 3 based upon what we would get using reserves or with a
Budget
tax measure, tax revenue. He advised that staff may bring back the information to the first or
Scenarios
second meeting in March.
'
Councilmember Chagnonrequested that the proposed ordinance regarding changes to the Chagnon
parking ordinance be back by the second meeting in March. She then announced the Kids Comments
Come First Golf Tournament to be held on June 11, 2004, and detailed the fun event that will
take place at the tournament.
Mayor Pro -Tem Rocha apologized to the Azusa Woman's Club for forgetting to mention them Rocha
as volunteers for the annual food drive, he noted that there will be a tree planting at Northside Comments
Park/Hodge School this weekend, he expressed good luck to the Azusa Raiderette Cheerleaders
who will be competing in Las Vegas this weekend, he Invited all to the Azusa Museum and he
asked that everyone keep in prayer's former City Clerk Adolph A. Solis will be undergoing
surgery on Thursday. He asked that the meeting be adjourned in memory of Diane Marie
Castino. He then responded to comments made by Seamus McKeever regarding the copy of
petitions that were sent to him by their Attorney.
Councllmember Stanford encouraged all to read an article in Time Magazine regarding Azusa Stanford
Pacific University. Comments
Councilmember Hardison advised that he would like to see the restaurant grading system in Hardison
Azusa.
Comments
Mayor Madrid announced the Free Waste Tire Recycling Event to be held at 1501 W. Gladstone Madrid
Avenue, in Azusa on Saturday, February 21, 2004, from 9a.m. to 3 p.m. Comments
SCHEDULED ITEMS
Sched Items
PUBLIC HEARING - on the Landscaping and Lighting District for fiscal year 2004-2005, and Pub Hrg
annually thereafter. Land/Light
The Mayor declared the Public Hearing open. The City Clerk read the affidavit of proof of Hrg open
publication of notice of said hearing published In the Azusa Herald on January 22, 2004.
City Engineer Abbaszadeh addressed the issue presenting the Engineers Report for the District CityEngineer
stating that it recommends no changes in the proposed fees as follows: all Residential: Comments
$0.52/mo., Small Commercial/Industrial (<5 employees): $2.50/mo., and targe
CommerclaVlndustrial (+6 employees): $7.00/mo.
Testimony/none
Testimony was solicited, but, none was received.
Moved by Councilmember Stanford, seconded by Councilmember Chagnon and unanimously Hrg clsd
carried to close the Public Hearing.
Councllmember Stanford offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, CONFIRMING Res. 04-C13
THE ENGINEER'S REPORT AND ASSESSMENT FOR THE 2004-2005 FISCAL YEAR IN Engr Rpt
CONNECTION WITH A CITY OF AZUSA LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT Com Maint Fee
NO.I (COMMUNITY MAINTENANCE FEE) PURSUANT TO THE LANDSCAPING AND LIGHTING
ACT OF 1972.
Moved by Councilmember Stanford, seconded by Councllmember Rocha to waive further
reading and adopt. Resolution passed and adopted by the following vote of the Council:
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
PUBLIC HEARING -on proposed Ordinance amending various sections of the Azusa Municipal
Pub Hrg
Code to allow the filing of annual permits by the Downtown Business Association for
Prop Ord
sidewalk/parking lot sales events and exhibits for a promotion of the Downtown District, and a
Downtown
resolution amending the City's Schedule of Fees and Charges to establish a correspondingSidewalk/
application fee.
Parking lot sales
02/02/04 PAGE THREE
The Mayor declared the Public Hearing open. The City Clerk read the affidavit of proof of Hrg open
publication of notice of said hearing published in the Azusa Herald on January 22, 2004.
Community Development Director Bruckner addressed the Public Hearing stating that the Dir Com Dev
Downtown Business Association approached them about streamlining the permit process, to an Comments
annual permit In order to promote business in the downtown area. He stated that they worked
together with staff and created an annual permit that could be applied for by the Downtown
Business Association which allows for up to 12 events per year on Azusa Avenue between 5'
and 9" streets. He stated that staff would review each application for event in order to see that
it complies with the annual permit. He presented an ordinance noting the changes and a
resolution that would charge a $600 fee for the annual permit. He noted that the Planning
Commission had also conducted a Public Hearing and recommended approval. He and City
Attorney Carvalho answered questions posed by Councllmember Hardison regarding the
governing process.
Ms. Peggy Martinez stated that the whole Idea Is to promote the downtown area and they are P. Martinez
looking for the community to go to the downtown and frequent the businesses. Comments
Moved by Mayor Pro -Tem Rocha, seconded by Councilmember Chagnon and unanimously Hrg clsd
carried to close the Public Hearing.
Councilmember Stanford offered an Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA. CALIFORNIA, AMENDMEING
1" Rdg Ord
SECTIONS OF THE AZUSA MUNICIPAL CODE TO ALLOW THE FILING OF ANNUAL TEMPORARY
Amend AMC
USE PERMITS FOR SIDEWALK/PARKING LOT SALES EVENTS AND EXHIBITS FOR A PORTION OF
Sidewalk sales
THE DOWNTOWN DISTRICT.
Res. 04-04
Moved by Councilmember Stanford, seconded by Councllmember Hardison and unanimously
carried by roll call to waive further reading and introduce the proposed ordinance.
Councllmember Stanford offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING THE
Res. 04-04
USER FEE SCHEDULE FORVARIOUS MUNICIPAL ACTIVITIES AND SERVICES TO INCLUDEAFEE
Amend User
FOR AN ANNUAL TEMPORARY USE PERMIT.
Fee Schedule
Moved by Councilmember Stanford, seconded by Councilmember Hardison to waive further
reading and adopt. Resolution passed and adopted by the following vote of the Council:
AYES: COUNCILMEMBERS: HARDISON, STANFORD, ROCHA, CHAGNON, MADRID
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
PUBLIC HEARING — on Storm Water and Urban Runoff Pollution Prevention Ordinance — a
Pub Hrg
replacement for Chapter 60 of the Municipal Codebook.
NPDES
The Mayor declared the Public Hearing open. The City Clerk read the affidavit of proof of
Hrg open
publication of notice of aid hearing published In the Azusa Herald on January 22, 2004.
City Engineer Abbaszadeh addressed the Hearing stating that the proposed ordinance replaces City Engr
Chapter 60 of the Azusa Municipal Code which addresses storm water and urban run off Comments
pollution prevention in the City. He stated that the City of Azusa is a co-permitee under Los
Angeles County NPDES (National Pollutant Discharge Elimination System) permit, which is a
permit under the Federal Clean Water Act (CWA). He highlighted the ordinance as follows: 1)
Expanded list of definitions, 2) Illicit discharged prohibited, 3) Removal of Illicit connections, 4)
Discharges prohibited from Industrial and commercial activities, 5) Redevelopment Projects, 6)
Good housekeeping provisions, 7) Best management practices (BMP's) for construction
activities, 8) Best management practices for industrial and commercial facilities, 9) Nuisance
abatement and 10) Penalty. He then answered questions posed by Counclimembers regarding
governing, administration and education to the public regarding the new requirements.
Moved by Councllmember Chagnon, seconded by Mayor Pro -Tem Rocha and unanimously Hrg clsd
carried to close the Hearing.
Councilmember Chagnon offered an Ordinance entitled:
AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, SUPPLANTING CHAPTER 60 OF THE I" Rdg Ord
MUNICIPAL CODEBOOK, TITLED STORMWATER AND URBAN RUNOFF POLLUTION Supplanting
PREVENTION. Chpt 60 AMC
02/02/04 PAGE FOUR
Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Rocha and unanimously
carried by roll call to introduce the proposed ordinance.
Community Improvement Manager Rudisel responded to questions regarding the proposed Com Imp Mgr
Ordinance Amending Chapter 30 of the Azusa Municipal Code Concerning Fireworks. Prop Ord
Councilmember Chagnon requested that page two section 14 of the ordinance be amended to Fireworks
change the language from Chief of Police to Police Department. Discussion was held regarding
the age at which a youth may sell fireworks at the stands and the map that is included with the
ordinance. Mr. Rudisel advised that the map was adopted last year with another ordinance
pertaining to Fireworks and that the attached map Is for reference purposes only. He advised
that if Council wanted to extend the area they could do so at the next meeting with a resolution
attached.
Councilmember Chagnon offered an Ordinance, as amended, entitled:
AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, AMENDING ARTICLE IV OF CHAPTER I" Rdg Ord
30 OF THE AZUSA MUNICIPAL CODE CONCERNING FIREWORKS REGULATIONS. - Amend Chpt 30
AMC
Moved by Councilmember Chagnon, seconded by Mayor Pro -Tem Rocha and unanimously
carried by roll call to waive further reading and introduce the proposed ordinance, with noted
changes to Item 14.
The CONSENT CALENDAR consisting of Items V-A through V -K was approved by motion of Consent Cal
Councilmember Stanford, seconded by Councilmember Chagnon and unanimously carried with V -C, H, J
the exception of items V -C, H, and J, which were considered under the Special Call portion of Special Call
the Agenda. Item V -G was removed from the Agenda by Staff.
A.
The Minutes of the regular meetings of January 20, 2004, were approved as written.
Min appvd
B.
Human Resources Action Items were approved as follows:
Human Res
further were approved and the City Clerk was authorized to advertise for bids. She suggested
Merit Increase and/or Regular Appointment: J. Wachowski Police Officer.
Action Items
Separations: Q. Burgett, Apprentice Line Mechanic, effective 1/22/04.
C.
SPECIAL CALL ITEM.
Spec Call
D.
Approval was given for the City's participation in the Cities That Read campaign
Cities That
spearheaded by California Literacy, Inc and also authorized Luiette Resto (Adult Education
Read
and Literacy Services Coordinator) to be the mayor's representative on the campaign.
E.
The expenditure plan for the purchase of Personal Protective Equipment and Training as
Homeland Sec
offered through the State of California 2003 Part II Homeland Security Grant Program.
Grant Program
F.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING PUBLIC
Res. 04-C 15
NUISANCE.
Weed Abtmt
G.
Plans and specifications for "Pavement Management Plan Improvements" Project were
Rmvd from
REMOVED FROM THE AGENDA BY STAFF. -
Agenda
H.
SPECIAL CALL ITEM.
Spec Call
I.
The Annual Repot for City of Azusa CFD 2002-1 (Mountain Cove), was received and filed.
CFD Annual Rpt
J.
SPECIAL CALL ITEM.
Spec Call
K.
The following Resolution was approved and adopted:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN
Res. 04-C16
CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE
Warrants
TO BE PAID.
SPECIAL CALL ITEMS
Spec Call Items
Councilmember Chagnon addressed Item regarding Woman's Club Improvement Plans and
Chagnon
Specifications stating that she would like staff to be cautious when advertising for bids due to
Comments
rising costs and have a realistic proposal of what the estimates for the project will be. She
Woman's Club
further were approved and the City Clerk was authorized to advertise for bids. She suggested
Improvements
the following side list for Improvements: floors, drapes, monument signage near the Flag pole
(with a side committee), kitchen counter tops, two sink areas, stainless steel, and asked that
they be considered when the item comes back to Council.
02/02/04 PAGE FIVE
Councilmember Hardison also addressed this item requesting that all items that are of historical
Hardison
and of value, Le. beams, lighting fixtures, etc., remain in tact.
Comments
Moved by Councilmember Hardison, seconded by Councilmember Stanford and unanimously
Woman's Club
carried to approve the Plans and Specifications for the Woman's Club Improvements and
Improvements
authorize the City Clerk to advertise for bids.
Plans approved
Councilmember Chagnon advised that she will be voting no on the approval of the option
Chagnon
agreement for property located at 303 E. Foothill Boulevard.
Comments
Moved by Councilmember Hardison, seconded by Councilmember Stanford and carried to
Amendment to
approve an amendment to the right to purchase option agreement between the City of Azusa
Purchase Option
and the Optioner/Seller (Zerbe, Robert and Ina M. Trust, et a, Piper, Melvin and Beverly Trust,
Agreement
Boelens Bonnie Trust) for the property located at 303 E. Foothill Blvd expiring March 31, 2004.
303 E. Foothill
Councilmember Chagnon dissenting.
approved
Councilmember Hardison addressed item Plans and Specifications for the Pioneer Park
Hardison
restroom project noting that that the project looks great with the exception of the wind mill
Comments
and weather vane which he advised may be a temptation to be stolen.
Moved by Councilmember Hardison, seconded by Councilmember Stanford and unanimously
Plans & Specs
carried to approve the plans and specifications for the Pioneer Park restroom project and to
Pioneer Park
authorize the City Clerk to advertise for bids.
Restroom
THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT 9:33
Cncl recess
P.M. THE CITY COUNCIL RECONVENED AT 9:34 P.M.
CRA convened
It was consensus of Councilmembers to adjourn in memory of Diane Marie Castlno and to
Adjourn 2/9
keep in prayer former City Clerk Adolph A. Solis who will be undergoing surgery on Wednesday.
Light & Water
Meeting was adjourned to Monday, February 9, 2004, at 6:30 p.m. at the Azusa tight and
General Plan
Water Department Conference Room in order to conduct a workshop on the Azusa General
In Memory of
Plan,
Diane Marie
Castino
TIME OF ADJOURNMENT: 9:35 P.M.
Prayers for
Adolph A. Solis
CITY CLERK
NEXT RESOLUTION NO. 2004-C17.
NEXT ORDINANCE NO. 2004-01.
02/02/04 PAGE SIX
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OFTHE CITY COUNCIL
FROM: CATHY HANSON'DIRECTOR [)FHUMAN RESOURCES
��
VIA: 0CK[{)LE,(-lTY8&ANAGED y"�~
CAT[: FEBRUARY 17, 2004
SUBJECT: HUMAN RESOURCES ACTION ITEMS
RECOMMENDATION
|tisrecommended that the City Council approve the following Personnel Action Requests inaccordance with
Section 3.3 of the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(5).
BACKGROUND
On February 1O.2004.the Personnel Board confirmed the following Department Head recommendation (s)
regarding the following Personnel Action request(a).
MERIT INCREASE AND/OR REGULAR APPOINTMENT:
2. SEPARATIONS -The following seoara1inn(s) are submitted for informational ounooaes
EFFECTIVE DATE'.n:
Finance
Steve Kenoyer
Associate Finance Director
2-12-04
Police
Paul Dennis
Police Sergeant
Merit Inc
6501/5
Public Works
Rogelio Chavez
Park Maintenance Supervisor
Reg Appt/Merit Inc
4196/5
2. SEPARATIONS -The following seoara1inn(s) are submitted for informational ounooaes
FISCAL IMPACT
Sufficient funds exist iothe approved departmentalbudgets 0mcover the salary changes. Salary savings realized
EFFECTIVE DATE'.n:
Finance
Steve Kenoyer
Associate Finance Director
2-12-04
FISCAL IMPACT
Sufficient funds exist iothe approved departmentalbudgets 0mcover the salary changes. Salary savings realized
To:
From:
Date:
Subject:
J
r
Honorable Mayor and Members of the City Council
Uriel Macias, City Treasurer
February 17, 2004
City Treasurer's Statement of Cash and Investment Balances for the
month. of January 2004
Recommendation:
It is recommended that the Council Members receive, review, and file the City
Treasurer's Report for the City of Azusa for the month of January 2004.
Background:
Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City
of Azusa for the month of January 2004. City investments are made in accordance
with the City's Investment Policy adopted and approved with Resolution No. 02 -
C97 dated, October 6, 2003 and Government Code Section 53600 et seq. The
balance of cash, investments, and projected revenues for the next six months are
expected to be sufficient to meet cash disbursement requirements of the City for at
least the next six months.
t
Amount Pledged Securities
Maturi Callable Yield Market Value
'c 1,161,160.00 FDIC up to $100,000.00
Ongoing
n/a
1.375%
1,161,160.00
4,431,568.50 >$100,000 collaterized by 110% in govn't securities
Ongoing
n/a
1.200%
4,431,568.50
c 48,897.69 FDIC up to $100,000.00
Ongoing
n/a
None
48,897.69
>$100,000 collaterized by 110% in govn't securities
t 7,286.45 FDIC up to $100,000.00
Ongoing
n/a
None
7,286.45
>$100,000 collaterized by 110% in govn't securities
3,000,000.00 Federally Sponsored Agency
02/06/07
02/06/04
3.300%
3,930,000.00
2,500,000.00 Federally Sponsored Agency
07/14/08
10/14/03
3.000%
2,464,075.00
I5,000,000.00 Federally Sponsored Agency
11/21/08
08/21/03
4.020%
5,007,800.00
i 5,000,000.00 Federally Sponsored Agency
08/26/08
08/26/04
4.200%
5,075,000.00
M5,000,000.00 Federally Sponsored Agency
05/21/07
05/21/04
3.100%
5,018,750.00
III 2,000,000.00 Federally Sponsored Agency
01/20/09
04/20/04
4.125%
2,005,620.00
0.00 FDIC up to $100,000.00
Ongoing
n/a
None
0.00
>$100,000 collaterized by 110% in govn't securities
I
r 300,000.00 FDIC up to $100,000.00
Ongoing
n/a
1.200%
305,054.54
ISO holds a $300,000 security interest in the CD
c 1,975,001.22 FDIC up to $100,000.00 (>$100,000 collateralized by 110% in gov.secu
04/07/04
n/a
1.900%
2,013,351.68
4I 339.12 FDIC up to $100,000.00
Ongoing
n/a
0.350%
339.12
i 6,215,000.00 Federally Sponsored Agencies
Ongoing
n/a
4.220%
6,252,174.15
36,639,252.98
37,721,077.13
1,994,000.00 Federally Sponsored Agency
4/17/2008
10/17/2003
3.625%
2,007,050.00
k 2,000,000.00 Federally Sponsored Agency
8/12/2008
8/12/2004
3.910%
2,021,260.00
k 2,003,291.67 Federally Sponsored Agency
6/18/2008
6/18/2004
3.000%
1,973,120.00
K 1,990,080.00 Federally Sponsored Agency -
11/24/2008
11/24/2004
4.250%
2,036,260.00
20,155,948.65 Backed by full faith & credit of the State of California
1
Ongoing
n/a
2.690%
20,155,948.65
S
K 1,604,869.64 Custodian account for section 108 HUD loan program
Ongoing
n/a
1.380%
1,604,869.64
66,387,442.94
67,519,585.42
EMNOW
. 1) W
CONSENT CALENDAR
TO: HONORABLE MAYOR AND,CITY COUNCIL MEMBERS
FROM: NASSER ABBASZADEH, CITY ENGINEER
VIA: RICK COLE, CITY MANAGER /0440
DATE: FEBRUARY 16, 2004
SUBJECT: APPROVAL OF PLANS AND SPECIFICATION FOR "PAVEMENT MANAGEMENT PLAN
IMPROVEMENTS- PROJECTS AND AUTHORIZATION TO ADVERTISE
RECOMMENDATION
it is recommended that the City Council approve the attached plans and specification for
1. The Pavement Management Plan and Improvements — Overlays
2. The Pavement Management Plan and Improvements — Slurry and Cape Seal
And, authorize the City Clerk's Office to advertise for bids.
BACKGROUND
Cities are faced with ever-increasing street maintenance budget problems due to a reduced
availability of funds, compounded by the increase in deteriorated streets and disproportionate
increase in the cost per mile for maintenance. The condition of the roadways does reflect on the
community. Streets are one of the major capital investments for a City as well as one of its most
important. Without a well-maintained street system, the transportation needs of the public,
business, industry, and government cannot be met.
As such, road networks are clearly deserving of focused management attention. In past years,
when maintenance funds were easier to obtain, pavement maintenance was typically done as the
engineer identified the need. Past experience tended to dictate the selection of short- term repair
techniques with little or no regard to the long-term effects of the selected remedy.
Today, as pavement deterioration rates exceed available funds, a more systematic approach to
determining maintenance needs, priorities and funding allocations is required. Road networks
must be managed, not just maintained.
To continue to achieve the standards sought by Engineers, improvement strategies are carefully
considered. Staff must consider arterial designation, pavement condition, traffic volumes, local
standards and budget constraints. Deferral of street maintenance will almost always result in
higher costs in the future. Unfortunately, community needs along with budget constraints restrict
the City's ability to employ ideal pavement management principles.
The key to planning is the timeliness of each improvement. Deferral can be significantly more than
preventive maintenance. According to studies by the American Public Works Association,
pavement deteriorates 40% in quality during the first 3/4 of its life. During the next 2-4 years,
pavement can deteriorate another 40%. Preventative maintenance that could have only cost $1 in
the early stages of the lifecycle would cost $4-5 as a result of the deferral.
Deferral can also impact commuters' vehicle maintenance costs. A recently released study asserts
that more money is spent annually on car repairs than on road maintenance items that caused
these repairs. Over the life of a vehicle, the repairs caused by road damage average $2,000.
Azusa Pavement Management Plan
M November 2002 the City Council approved a comprehensive five-year Pavement
Management Plan for the entire City. In iY2002-1003 /Year #1 of the Pavement Management
Program) three neighborhood zones were selected for improvements (erids #3, #6, and
#18) and the results proved to be very effective. In the currentfY2003-2004 /Year #2 of the
Pavement Management Plant neighborhood zones 4 7 15. and 17 were selected to receive
appropriate improvements (please see the attached zone maps for each area selected).
Additionally, selected streets within other grids #8 #12 and #13 were chosen for
rehabilitation.
The pavement rehabilitation strategy include the following four treatments:
• Asphalt concrete overlay
• Slurry seal coat
• Cape seal coat
• Rubberized slurry seal coat
Overlay: This involves placing a two-inch asphalt over the existing surface. Resurfacing is done
when the pavement has deteriorated to a point that a seal coat will not bring the pavement back
to an acceptable level of service. This is when a seal coat would quickjy fail because of a lack of
structural support from the pavement.
Slurry Sealing: A mixture of slow setting asphalt emulsion, fine aggregate (sand -like), and water.
This mixture is spread over the entire pavement surface about 3/8" thick. In addition to protecting
the asphalt and sub -grade from water damage, the slurry seal provides a new wearing surface.
r
Cape Sealing: An asphalt rubber aggregate membrane (coated 3/8 inch aggregates) is placed on
the pavement and then a slurry seal coat is applied on the top.
Rubberized Slurry Sealing: The same as slurry sealing except that the mix contains "crumb
rubber" for greater elasticity. This product will be applied to Foothill Blvd. and Azusa Avenue.
Since the nature of each application/project is different, we have divided the project into two
phases:
• Phase one - Asphalt concrete overlays will cover the following streets:
Roland Street, between Azusa and Elliot
Elliot Avenue, between Roland and Mason
Rockvale, between First and Fifth
Matchwood, between Rockvale and Twintree
Bagnall, between Rockvale and Orangecrest
Hollyvale, between Rockvale and Orangecrest
Orangecrest, between Haltern and Matchwood
Twintree, between Haltern and Matchwood
Azusa Avenue, between First and Fifth
San Gabriel Avenue, between First and Second
Angeleno, between R/R tracks and Eleventh
Twelfth, between San Gabriel and westerly limits
And, Azusa and San Gabriel Canyon Road in its entirety
Phase two - Cape and slurry seals, which will cover neighborhood zones 4, 7, 8, 12, 13,
15, and 17 (please see project plans for further details and locations).
completion all these projects will finalize in its entirety all of Pavement Manaeement Pian
network will be uneraded to `excellent condition" Prior to commencement of the Pavement
Management Prperam. 97o of our street network was in `excellent condition': Our overall
street network condition will therefore he 47.5115 in excellent condition 08.5% uperaded in
Year #1 and #2 and 9% pie edstinein excellent condition = 47.5% excellent condition! by the
conclusion of these projects.
Each project will be advertised separately to receive bids on March 9, 2004.
FISCAL IMPACT
The Engineer's estimate for each phase of the project is:
Overlays - $986,000
Seals - $765,000
Total $1,751,000
The Pavement Management Program has a two year funding level of $3,732,264 ($2,139,000 for
Year # 1 and $1,593,264 for Year #2). In Year # 1 we expended $1,503,940 in project costs. In
0
Year #2, we anticipate spending $1,751,000 . We therefore have a remaining fund balance of
$477,324 of which we plan to carry over to Year #3. The overall project funding status for the
Pavement Management Improvement Plan (account number 128-0000-661-7172, project number
66103A) is illustrated below.
Year #1 & #2 Funding Level = $3,732,264.
Less Year #I actual expenditures = ($1,503,940)
Less Year #2 anticipated expenditures = ($1,751,000)
Remaining Balance to be carried over to Year #3 = $477,324.
Attachment: Plans and specifications
CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: RANDY NORIEGA, DIRECTOR OF PARK PLANNING AND DEVELOPMENT
VIA: RICK COLE, CITY MANAGER /ems
DATE: FEBRUARY 17, 2004
SUBJECT: APPROVAL OF BID DOCUMENT AND PLANS AND SPECIFICATIONS FOR THE RIO
SAN GABRIEL BIKE PATH PROJECT FOR PURPOSES OF FORMAL PUBLIC BIDDING AS
PER CITY POLICY. THIS PROJECT IS APPROVED IN THE 2003-04 CIP BUDGET. THE
PROJECT ACCOUNT NUMBER IS 22-80-000-160-7130-41002A
RECOMMENDATION:
It is recommended that City Council approve the bid documents and plans and specifications for
the Rio San Gabriel Bike Path project for the purpose of formal public bidding as per City policy.
This project is approved in the 2003-04 CIP budget. The project account number is 22-80-000-
160-7130-41002A.
BACKGROUND
The Rio San Gabriel Bike Path project is the first improvement under the Rio San Gabriel Vision
plan. The Rio San Gabriel Bike Path project consists of a 21 -stall trail head parking area,
approximately one mile of asphalt Caltrans class 1 bike path, irrigation, native plants, trees and
scenic view rest spot areas. The project has received a Caltrans construction permit and
maintenance agreement for the section of the project within Caltrans jurisdiction. This project
follows the recommendation of the draft Park Master Plan, the Rio San Gabriel Vision Plan and the
City's new draft General Plan. All three of these citizen driven vision plans call for park facility
improvements of this type.
The revised construction schedule calls for the project to be advertised for bidding on February 18,
2004 bids open on March 30, 2004, project awarded by City Council on April 19, 2004, project
construction starting on May 3, and project completion on August 13, 2004.
FISCAL IMPACT:
The Rio San Gabriel Bike Path project is funded with $108,000.00 of Mountain Cove Facility
District Funds and a $350,000 grant from the 1996 Los Angeles County Proposition 'A' Bond Act
in conjunction with the Los Angeles Regional Park and Open Space District and Los Angeles
County Supervisor Gloria Molina for a project budget of $458,000.00. This project is approved in
the 2003-04 CIP budget. The project account number is 22-80-000-160-7130-41002A.
/dls
MEMORANDUM
To: City of Azusa Council
From: Ruby Y. Toledo, Finance Department
Via: Steve Kenoyer, Acting Finance Director
Date: February 10, 2004
Subject: Request for leave of absence without pay
This memorandum is to request a"Leave of Absence without pay"pursuant to Azusa
Civil Service Rules, Section 6.8—Leave of absence without pay(copy attached).
In accordance with the section cited above, I am requesting a leave of absence without
pay effective February 25, 2004 through April 29, 2004, due to the birth of my baby.
Thank you for your consideration of this request.
CL-ne4-1-6e 4/7 (0
CITY OF AZUSA, RULES OF THE CIVIL SERVICE SYSTEM; Adopted: 5-16-88
6.7. WORK HOURS
6.7. 1. Hours of Work
The Department Head shall establish work schedules for
exempt and non-exempt employees according to the best
interests of the City. Work hours for non-exempt employees
shall be forty (40) hours per work period.
The work period for all probationary and regular non-sworn
employees shall be a seven consecutive day period. The work
period for sworn personnel shall be 171 hours in a 28-day
period.
6.7.2 . Meal and Rest Periods
The timing of meal and rest periods for all employees shall
be recognized as a privilege and shall be prescribed by
departmental operating policies.
6.7 . 3 . Hours Worked
Overtime may be equired of employees when deemed to be in
the best interest of the City. Overtime is comprised of
hours worked in excess of 40 hours per seven consecutive day
work period, except for sworn personnel on variable work
periods. For sworn personnel overtime is comprised of hours
worked in excess of 171 hours per twenty-eight (28)
consecutive day work period.
Hours worked is defined according to the provisions of the
Fair Labor Standards Act.
6.8. LEAVE OF ABSENCE WITHOUT PAY
6. 8 . 1. Authorization
The City Administrator may grant a leave of absence without
pay to any employee, upon recommendation of the Department
Head, for a period not to exceed five (5) days. The City
Council, upon recommendation of the City Administrator, may
grant a leave of absence without pay for a period not to
exceed one year.
6. 8 . 2 . Procedure
An employee desiring a leave of absence without pay shall
file a written request with the Human Resources Office which
outlines the:
a) Title of the current position held
b) Name of the employing department
c) Beginning and ending dates of the desired leave of
absence.
d) Reasons supporting the request for leave.
34
CITY OF AZUSA, RULES OF THE CIVIL SERVICE SYSTEM; Adopted: 5-16-88
Upon expiration of a regularly approved leave of absence
without pay, or within a reasonable period of time after
notice to return to duty, the employee shall be reinstated
in the position held at the time the leave was granted.
Failure on the part of an employee on leave of absence
without pay to report promptly at its expiration, or within
a reasonable time after notice to return to duty, shall be
cause for discharge.
No insurance premiums will be paid by the City for an
employee who has been granted a leave of absence without
pay, unless such leave is granted as the result of an
industrial injury.
•
35
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NASSER ABBASZADEH, CITY ENGINEER
VIA: RICK COLE, CITY MANAGER
DATE: FEBRUARY 17, 2004
SUBJECT: PROJECT COMPLETION NOTICES FOR WEST WING IMPROVEMENTS AND
RECREATION BUILDING
RECOMMENDATION
It is recommended that the City Council:
1. Approve the Notice of Completion for Advantage Project Builders, West Wing Improvements,
and the final contract price of $86,440.41.
2. Approve the Notice of Completion for Yocum Business Furnishings, West Wing Building
Furniture, and the final contract price of $45,336.40.
3. Approve the Notice of Completion for Award Project Builders, Recreation Building
Improvements, and the final contract price of 149,471.00 .
4. Approve transfer of $35,000, from savings realized in the Recreation Building Improvements
project, to a special fund to procure and install security measures in the City Council
Chambers.
BACKGROUND
The three contractors have completed their projects in accordance with plans and specifications. A
full description for each project, plus accounting follows:
West Wing Improvements
This project has achieved the following goals:
1. Make the counter more customer -friendly by creating a better relationship between
the workstations and the counter.
2. Provide updated workstations for staff that are ergonomically designed, and provide
6/
improved work and file storage area.
3. Provide better utilization of space to accommodate future growth and more meeting
space.
This project was appropriated $140,000. The realized project total expenditure was $131,776.81
leaving a residual balance of $8,694.35. The West Wing project was divided into two separate
components; physical improvements / space reconfiguration and installation of ergonomic furniture.
West Wing Improvements Space Reconfiguration
This project component consisted of physical improvements including but limited to the following;
creating a new conference room, creating new private offices, creating new storage areas, carpet
installation, painting, and redefining the public counter.
In the course of the project, we had the following change orders in the amount of $9,336.06.
- Changed down lights to fluorescent
- Ran separate power circuits to new work stations
- Added new ceiling insulation
- Relocated electrical switches
The following were "add-ons" to enhance the project in the amount of $8,694.35:
- Extra carpeting in the building, over and beyond what the contract had specified ($6,797.35).
- Repair of the rear door entry to the building ($1,897.00).
This actual realized expense for this component was $86,440.41 (Advantage Project Builders).
West Win ¢ Building furniture
This project component was the manufacture and installation of furniture and workstations .
In the course of the project, we had the following change orders in the amount of $6,304.50:
- Six additional lateral filing cabinets
- Ten heavy duty vinyl chair -mats
- An additional bookcase
- And, nine additional chairs.
The original bid submittal price was $39,031.90. The change orders increased the final project
component price to $45,336.40 (Yocum Business Furnishings).
Recreation BuildingImprovements
The following improvements were undertaken in the building:
The building interior was painted.
The administration offices were re -carpeted.
A new T -bar ceiling in meeting rooms was installed.
Few flooring was installed in meeting rooms, hallway, and kitchen.
Gymnasium restrooms were renovated, tack strip was replaced, and the bricks were
reconditioned and seal coated.
7
The kitchen was remodeled (including a new range).
The dining room restrooms were remodeled.
Power washed building exterior bricks.
The existing carpeting on interior walls was replaced.
Stage storage doors were replaced in the gymnasium.
Main hallway bathrooms were remodeled.
New drinking fountain was installed in the hallway.
And, the existing flagpole was re -painted.
In the course of the project, we had the following change orders in the amount of $1 1,054.00:
- Additional carpeting in the building
- Additional tack boards in the meeting rooms
- And, additional bathroom hardware were installed.
The original bid submittal price $138,417.00 and the final contract price was $149,471.00 (Award
Project Builders).
FISCAL IMPACT
West Wing BuildingImprovements
The budget for both West Wing projects was $140,000. The final contract costs add up to
$131,776.81 leaving a remaining project balance of $8,223.19. The Community Development
Department would like to hold the remaining balance in reserve for:
Additional cabling in the building
New signage to better direct customers
These additional tasks will be completed by another contractor at a future date.
Recreation Building
The project budget for the Recreation Building Improvements was $325,000 with the final project
cost of $149,471.00. The remaining project balance, therefore, is $175,529. The balance will
remain in the CIP fund reserves and be re -programmed next year, except for $35,000 of savings
that are needed to place security measures in the Council Chambers.
The reasons the substantial cost savings in the Recreation Building Improvement Projects are
twofold. First, Public Benefit funds paid for the HVAC and lighting upgrades performed on the
facility. Second, Facilities staff performed a lot of significant work using "in house" forces in lieu of
contractors further reducing the cost of the project.
R FIKNG REQUESTED BY
AND WREN RECORDED MAn. TD:
NAME Azusa City Clerk
STREET
ADORTss 213 E. Foothill Blvd.
(.Trv, STATE & Azusa, CA 91702
W CODE
NOTICE OF COMPLETION
Noticepursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements.)
Notice is hereby given that
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is _The City of Azusa
3. The full address of the owner is _213 E. Foothill Blvd_, Azusa, CA 91
4. The nature of the interest or estate of the owner is: In fee.
tff'oTwRTw,NFEE, sIRa'E'wFFe AFm wsxr,FOR FxnNvr�wRctwsER UINER coNrRAcroF FURcw.g.aR �EssE'F-I
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES
ADDRESSES
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of
the work or improvements herein referred to:
NAMES
ADDRESSES
7. A work of improvement on the property hereinafter described was completed on _ February 9, 2004 The work done
was: West Wing Building Improvements
8. The name of the contractor, if any, for such work of improvement was Advantage Project Builders
OF NO CONIR=R FOR WORK OF QMROVFJ.¢NI AS A WHOLE, INSERT ROPE' NATE OF CONI M
9. The property on which said work of improvement was completed is in the City of _Azusa
County of _Los Angeles State of_CA; and is described as follows:_ Building improvements at the City's West Wing facility._
10. The street address of said property is _213 E. Foothill Blvd, Azusa, CA 91702
Cristina Cruz -Madrid, Mayor
Dated: _February 17, 2004_
(SIGNATURE OF OWNER OR CORPORATE OFF)ptOF OWNER NAA® WPARAORAPH:ORWS AGQin
VERIFICATION
1, the undersigned, say: I am the - the declarant of the foregoing notice of completion;
('1'RFSNENI OF', TIANAOER OF, TARTNFTt OF','OWNEROF', EIC )
I have read said notice of completion and know the contents thereof, the same is true of my own knowledge. I declare under penalty of perjury that the
foregoing is true and cotrect.
Executed on
at
(CRY) [STATE)
PERSONAL noNATURE OF THE mnnouA WHO IS SWFARWG THAT TNF coNI0 OF NOTCE OF COMPIEnON ARE TROE)
RECORDING REQUESTED BY
AND WHEN RECORDED MAH. TO,
NARtE Azusa City Clerk
smR -
ADnREss 213 E. Foothill Blvd.
CriY, STATE& Azusa, CA 91702
ZIP CODE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for Complete requirements)
Notice is hereby given that
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full time of the owner is _The City of Azusa
3. The full address of the owner is 213 E. Foothill Blvd., Azusa, CA 91702
4. The nature of the interest or estate of the owner is: In fee.
OF OnOI THAN SnI='IN F AND M=. FOR F](AE1PI$ TORCNA4P IINDM CONTRACT OF PORCNASR'OR gMSEE7
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of
the work or improvements herein referred to:
NAMES
ADDRESSES
7. A work of improvement on the property hereinafter described was completed on _ February 9,
was: West Wing Building Improvements
8. The name of the contractor, if any, for such work of improvement was Yocum Business Furnishings
The work done
OF NO COMB OR FOR WO OF OVpAENF M A WHOIFWSQR mONE7 (DATE OF roNiRM
9. The property on which said work of improvement was completed is in the City of _Azusa
County of _Los Angeles State of _CAS and is described as follows:_ Furniture improvements at the City's West Wing facility_
10. The street address of said property is _213 E. Foothill Blvd, Azusa, CA 91702
Cristina Cruz -Madrid, Mayor
Dated: February 17, 2004_
ISIGNAM OF OW OR CORPORATE OMcM OF OWNER i4 A 01 PARAORAPN 20R Ws AOENT)
VERIFICATION
I, the undersigned, say: I am the the declarant of the foregoing notice of completion;
('PRE50)ENI OF, T NAGFR OF. RARTNEA OF. 'OWNER OP, ETC.)
I have read said notice of completion and know the contents thereof; the same is tae of my own knowledge. I declare under penalty of perjury that the
foregoing is true and correct
Executed on
at
(CRn (STATE)
)PFSiSONA 90NATURE OF rNs mjwOuA WHO Is sWEARMO WATT CONTENTS OF THE NOncs OF COMP o,; ARE TRUE)
RECORDING REQUESTED W
AND WHEN RECORDED MAD. TO:
NAME Azusa City Clerk
STREET
ADDRESS 213 E. Foothill Blvd.
CM. STAW & Azusa, CA 91702
M CODE
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (Sce reverse side for Complete requirements)
Notice is hereby given that .
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full time of the owner is _The City of Azusa
3. The full address of the owner is 213 E. Foothill Blvd., Azusa, CA 91702
4. The nature of the interest or estate of the owner is: In fee.
M On RR TNAN RaE SrU E'P'FE£ ANO PISEII PORT WMIE'RIRCNASFF UNOFA NMRACF OF PORCRhSE.' OR IZSSES 1
The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of
the work or improvements herein referred to:
REM
ADDRESSES
7. A work of improvement on the property hereinafter described was completed on _ January 26,
was: Recreation Building Improvements
8. The name of the contractor, if any, f6r such work of improvement was Award Building Services
The work done
or NO CONIIUCTOR FOR R'ORK OF PflROVFD9l. A WHOI$ INSFAT RIONC' QIATE OF CONIRACFI
9. The property on which said work of improvement was completed is in the City of _Azusa
County of _Los Angeles . State of _CA. and is described as follows:_ Building improvements at the City's Recreation facility.
10. The street address of said property is _320 N. Orange Place, Azusa, CA 91702
Cristina Cruz -Madrid, Mayor
Dated: February 17, 2004_
(SIGNATURE OF O W IiFR OR COP30RATE OFFlCIX OF 0 W NF]t NAA4D QI PARAGRAPH 1 OR HIS AGENn
VERIFICATION
I, the undersigned, say: I am the the declanmt of the foregoing notice of completion;
(mRPsmENr oe,'EnnNncER ae, mnarNm oe, rowrmr oF, Erc )
I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the
foregoing is true and correct.
Executed on
at
rant csrATel
(PERSONAL SIGNATURE OF THE QmNIDUAL WHO IS SWFARWO THAT THE CON 7ENM OF ME NOTICE 017 COMPIEiION ARE TRA2)
AGENCY BOARD PUBLIC HEARING
TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD
FROM: MIKE HENNESSEY, ECONOMIC DEVELOPMENT/REDEVELOPMENT DIRECTOR
VIA: RICK COLE, EXECUTIVE DIRECTOR /eq�J
DATE: FEBRUARY 17, 2004
SUBJECT: SALE OF THE AGENCY -OWNED PROPERTY LOCATED AT 428-432 NORTH SAN GABRIEL
AVENUE TO LTA, LLC (MR. TIM AND BEN ARRIETTA), OWNERS OF THE LA TOLTECA
RESTURANT
RECOMMENDATION
This public hearing will be re -noticed for the March 1, 2004, Council meeting
BACKGROUND
The subject property is located at 428-432 N. San Gabriel Avenue, is vacant, undeveloped, and
encompasses a gross area of 14,000 sf. The Agency has owned this property since November 30,
1979. The Agency has been negotiating to sell the subject property to LTA, LLC (Mr. Tim and Ben
Arrietta), owners of the La Tolteca Restaurant. The agency will make minor revisions to the Notice of
Public Hearing and it is requested that the hearing be re -noticed for the March 1, 2004, Council
meeting.
CITY OF AZUSA
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING
MONDAY, FEBRUARY 2, 2004 — 9:33 P.M.
The Board of Directors of the Redevelopment Agency of the City of Azusa met in regular session
at the above date.
Chairperson Madrid called the meeting to order.
Call to Order
ROLL CALL
Roll Call
PRESENT: DIRECTORS: HARDISON, STANFORD, CHAGNON, ROCHA, MADRID
ABSENT: DIRECTORS: NONE
ALSO PRESENT:
Also Present
General Counsel Carvalho, Executive Director Cole, City Department Heads, Deputy Secretary
Toscano, Secretary Mendoza.
The CONSENT CALENDAR consisting of items VI -A and VI -B, were approved by motion of
Consent Cal.
Director Stanford, seconded by Director Rocha and unanimously carried. -
Approved
A. Minutes of the regular meetings of January 20, 2004, were approved as written.
Min approved
B. The following Resolution was adopted and entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING
Res. 04-114
CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS.
Warrants
It was consensus of the Redevelopment Agency Boardmembers to adjourn
Adjourn
TIME OF ADJOURNMENT 9:34 P.M..
SECRETARY
NEXT RESOLUTION NO. 04-R5
NEXT ORDINANCE NO. 04-110I.
AGENCY CONSENT ITEM
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD
FROM: URIEL E. MACIAS, REDEVELOPMENT AGENCY TREASURER
DATE: FEBRUARY 17, 2004
SUBJECT: CITY OF AZUSA REDEVELOPMENT AGENCY TREASURER'S STATEMENT OF CASH
BALANCES FOR THE MONTH OF JANUARY 2004
RECOMMENDATION
It is recommended that the Board Members receive and file the Agency Treasurer's Statement
of Cash Balances for the Azusa Redevelopment Agency for the month of January 2004.
BACKGROUND
Transmitted herewith is the Agency Treasurer's Statement of Cash Balances for the Azusa
Redevelopment Agency for the month of January 2004. Agency investments are made in
accordance with the Redevelopment Agency Investment Policy approved and adopted with
Resolution No. 03-R36 dated October 6, 2003, and Government Code Section 53601.
In January, Redevelopment Agency cash and investment balances increased by $800,642.19.
Cash received during the month totaled $812,642.19, and $12,000.00 in disbursements were
made. No reimbursement payments were made to the City. The City advanced $144,476.72
to the Agency in January.
The Redevelopment Agency is the issuer of several Merged Project Tax Allocation Bonds. Of
the total cash and investments of $18,444,001.76, Wells Fargo Bank, the fiscal agent, held
$12,705,377.24 on behalf of the Agency. These funds are restricted for payment of debt
service on the bonds. The remaining $5,738,624.52 was available for Agency operating and
debt service expenses.
FISCAL IMPACT
The balance of cash and investments and projected revenues for the next six months are
expected to be sufficient to meet cash disbursement requirements for at least the next six
months.
Prepared by: Roseanna J. Jara, Sr. Acct. -Redevelopment
UEM :RJJ/cs
CITY OF AZUSA REDEVELOPMENT AGENCY
AGENCY TREASURER'S STATEMENT OF CASH
AND INVESTMENT BALANCES
JANUARY 2004
Beginning Cash Balance $17,643,359.57
(All Restricted and Unrestricted Accounts & Investments)
Receipts (All Sources)
Disbursements
812,642.19
(12,000.00)
Ending Cash Balance $18,444,001.76
(All Restricted and Unrestricted Accounts & Investments)
Uriel E. M cias, Agency Treasurer
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES -CASH AND INVESTMENTS
JANUARY 2004
Maximum
Deposits
Bank Accounts Allowed
CASH AND INVESTMENTS HELD BY AGENCY TREASURER
Wells Fargo Bank
Government Checking No limit
Securities -Federal Home Loan Note No Limit
Local Agency Investment Fund (LAIF) $20,000,000.00
SUBTOTAL CASH AND INVESTMENTS
HELD BY AGENCY TREASURER:
Interest Collections: $17,492.61
CASH AND INVESTMENTS HELD BY FISCAL AGENT
WELLS FARGO BANKS, FISCAL AGENTS
1994 Merged Prolect Tax Allocation Bonds
1994A Special Fund
Wells Fargo Treasury Plus/MMkt No limit
1994A Reserve Account
Wells Fargo Treasury Plus/MMkt No limit
1994 Merged Project Tax Allocation Bonds Subtotal:
Interest Collections: $14.00
1997 Merged Protect Tax Allocation Bonds
1997A Special Fund
Cash No limit
Wells Fargo Treasury Plus/MMkt No limit
1997A Reserve Account
Amount
Securities
$5,410.15 FDIC up to $100,000.00
>$100,000 collaterized by 110% in govn't securities
1,000,000.00 Backed by faith & credit of Federal Home Loan Bank (FHLB)
4,733,214.37 Backed by faith & credit of the Stale of California
$5,738,624.52
$0.00 N/A
26,813.79 N/A
$26,813.79
$0.00 FDIC up to $100,000.00
>$100,000 collaterized by 110% in govn't securities
127,016.41 N/A
Cash No limit 13,370.03 FDIC up to $100,000.00
>$100,000 collaterized by 110% in govn't securities
Wells Fargo Treasury Plus/MMkt No limit 13,549.84 N/A
Morgan Guaranty Trust Company No limit 467,642.50 Guaranteed Investment Agreement
1997 Merged Project Tax Allocation Bonds Subtotal: $621,578.78
Ongoing
08/26/08
Ongoing
Ongoing
Ongoing
Interest
Mkt
Value
0.000%
$5,410.15
4.200%
11015,000.00
1.528%
4,736,013.97
$5,756,424.12
0,000% 0.00
0.530% 26,813.79
$26,813.79
Ongoing
0.000%
0.00
Ongoing
0.530%
127,016.41
Ongoing
0.000%
13,370.03
Ongoing
0.530%
13,549.84
Ongoing
5.750%
467,642.50
$621,578.78
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES - CASH AND INVESTMENTS
JANUARY 2004 _.
Maximum
Deposits Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value
Interest Collections:
2003 Merged Project Tax Allocation Bonds
2003A Special Fund
Cash
2003A Cost of Issuance Fund
AIM Gov't Portfolio
2003A Escrow Fund, 1994 TAB's
Cash
U.S. Treasury
2003A Reserve Account
AIM Govt Portfolio
AIG Matched Funding Corporation
2003 Merged Project Tax Allocation Bonds Subtotal:
Interest Collections:
SUBTOTAL CASH AND INVESTMENTS
HELD BY FISCAL AGENT:
Total -Azusa Redevelopment Agency
Cash and Investments:
Total Interest Collections:
Source of Market Value Information:
Wells Fargo Corporate Trust, Trustee .
Local Agency Investment Fund (LAIF)
Wells Fargo Institutional Securities
$13,376.08
No limit $36,201.44 FDIC upto$100,000.00 Ongoing 0.000%
>$100,000 collaterized by 110% in govn't securities
No limit 17,109.45 Investments in direct obligations of the U.S. Treasury Ongoing 0.890%
36,201.44
17,109.451
No limit
0.69 FDIC up to $100,000.00
0.69
>$100,000 collaterized by 110% in govn't securities
No limit
10,914,446.00 Backed by faith 8. credit of the United Slates Treasury
02/01/04
0.910%
10,914,446.00
No limit
4,034.50 Investments in direct obligations of the U.S. Treasury
Ongoing
0.890%
4,034.50
No limit
1,085,192.59 Guaranteed Investment Agreement
07/29/23
4.780%
1,085,192.59
$12,056,984.67
$12,056,984.67
$4,035.01
$34,917.70
$12,705,377.24
$18,444,001.76
Tax Allocation Bond Data is based on Trustee -generated Statements; bond funds listed
herein are restricted for payment of debt service and governed by
strict regulations described in the Trust Indentures.
$12,705,377.24
$18,461,801.36
x}
WARRANT REGISTER NO. 13
FISCAL YEAR 2003-04
WARRANTS DATED 01/17/04 THROUGH 01/31/04
RESOLUTION NO.
FOR BOARD OF DIRECTORS' MEETING OF
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS
TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS
THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS
FOLLOWS:
SECTION 1. That the following claims and demands have been audited as required by law and that
the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as
hereinafter set forth:
8o -I10 -REDEVELOPMENT ADMINISTRATION FUND
80 -125 -CBD CAPITAL PROJECTS FUND
80 -135 -WED CAPITAL PROJECTS FUND
80 -185 -RANCH CENTER CAPITAL PROJECTS FUND
81.155 -TAX INCREMENT SET-ASIDE FUND
82 -125 -CBD DEBT SERVICE FUND
82 -135 -WED DEBT SERVICE FUND
82 -185 -RANCH CENTER DEBT SERVICE FUND
TOTAL ALL FUNDS:
$12,499.99
1.410.50
59.721.28
91.364.77
12.121.64
177,118.18
SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a
certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records.
ADOPTED AND APPROVED THIS DAY OF
Chairman
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the
City of Azusa at a regular meeting thereof, held on the _day of
2004.
AYES:
DIRECTORS:
NOES:
DIRECTORS:
ABSTAIN:
DIRECTORS:
ABSENT:
DIRECTORS:
Secretary
By Fhtittyy Nave p� 1
City of Azusa HP 9000 02/11/04 0 P JIr 1� BI-IEKIT---Job:I289880 #J2257--- 00 <1.30 -report id: C7IFUIR02
VM, FID 11, 2004, 2:47 FM --req: RUSE ------leg: GL
SE= FUND 0s]es: 80-82 ; GL ToStiTig Dates: 070103-063004 Check Iss1:e Dates: 011704-013104
PE ID PE Nate AOJJBI N 43ER / JCB NU�EM Invoice N�nixr Description = Disc. �. Dist. Pmt
2610/0401002 PR#2/04 FD 0.00 62.50
V01305 AZXA CITY FID C 8000000000-3035 ih�a�
PEID paid: 62.50
Total:
62.50
VD2044
A'A�1 PA=CUN8010110000-7027
112503
SPIPFI`ID/ C rD 0.00
�y
PEID ped:
900.00
900.00
Total:
900.00
V00355
V00355
V00355
XIT, A PAYRCEL AC 8000000000-3001
AZUSA PAMRCLL AC 8000000000-3003
A LEA PAMCM AC 8000000000-3005
ROZ�
PR0204
� Pb1/WI PD 0.00
pay�ble FT PD 0.00
Tates Fol/Wi FD 0.00
� i
TID Paid:
Total:
1,957.31
369.12
625.72
.00
2,952.15
2,952.15
V05804
BEST BEST & IQZIE 8010125000-6301/650201-6301
448988
11/03 Ia�TAT7F.V PD 00d00
PEID paid:
195.00
0.00
195.00
Total:
195.00
V04912
CANAm TIFF: ASSCT 8000000000-2725
1220/0401002
PR#2/04 PD 0.00
P= Paid:
Total:
49.96
49.96
49.96
V04623
DENIAL HE21LTR SV 8000000000-3052
04020242
#1941 &194IR #04 PD 00.00
aid:
PEID paid:139.94
'Total:
139.94
0.00
• 139.94
V00331
FE:ERAL EXPRESS 8010110000-6521
154625480
117052788 PD 0.00
Pt:, umaid:
22.25
0.00
22.25
City of Azusa HP 9000 02/11/04 O P E N H O L D D B L I'S TIN G By /IIitity N�re Pace 2
FFD, FEB 11, 2004, 2:47 PP1 --req: RCM ------leg: GL JL--loc: BI-TECH---jcb: 289880 #J2257 --- CEi400 <1.34> --report id: CLTR02
SEfFXT FUND Oxles: 80-82 ; GL Ruing Dates: 070103-063004 ; Check Issue Dates: 011704-013104
PE ID PE Name A03J.Nf NU43ER / JCB NU43ER Lavoioe Njrixr De Y ion St Disc. Pmt. Dist. Pmt.
Tbtal: 22.25
V07068 HnZE&SEY GRl7JP 8010110000-6399 711 12/03 INf FSEEV FD 0.00 7,312.50
0.00
7,312.50
7,312.50
164.95
0.00
164.95
164.95
176.53
0.00
176.53
176.53
7
.1MR
0.00
86.26
86.26
1,215.50
0.00
1,215.50
1,215.50
MOOR
0.00
196.38
196.38
138.58
0.00
138.58
PEID Via:
Total:
V05574
ERCN bMNIAIN 8010110000-6493
K3335951033603
K333595 -K333603
PD 0.00
PEID Ulmid:
d:
'Ibtal :
V03126
LINT N mMCNAL 8000000000-3010
2325/0401002
FR#2/04
PD 0.00
PBIDd:
d:
Total:
V01582
NEXIEL cjg4-VICA 8010110000-6915
635925025017
635925025-017 In PD 0.00
PEID Uvmaid:
d:
Total:
V00026
SaUIHEM CALIFGI2 8010125000-7120/509800-7120
0655472
LIIVE EXr/410N.AL
PD 0.00
PEID d:
d:
Total:
V06783
SPAIE SIl= BAN 8000000000-3010
2315/0401002
PR#2/04
PD 0.00
PEID Uimid:
Paid:
Total:
V04909
UgLm LIFE IN9M 8000000000-3044
1255/0401002
PR#2/04
PD 0.00
PEID d:
d:
0.00
7,312.50
7,312.50
164.95
0.00
164.95
164.95
176.53
0.00
176.53
176.53
7
.1MR
0.00
86.26
86.26
1,215.50
0.00
1,215.50
1,215.50
MOOR
0.00
196.38
196.38
138.58
0.00
138.58
tity Name
02/11/04 O P E N HOLD D B .:1289880 �1.344>--xep't
ppa�w 3
id: CHFL'IR02
City of Azusa
HP 9000
�------leg: GL JL--loc: BI-TDCI---]
#J2257---p10J
VSD, FEB 11,
2004, 2:47 FM --�:
GL PostiDg Dates: 070103-063004
check Issue Rtes:
011704-013104
SEI= EL%IID
Codes: 80-82 ;
AM= NCNBER / JCB NUMBER
Invoice Iffier
Dascriptiai St Disc. Ptd.
Dist. Part.
PE ID
PE Nacre
Total:
138.58
122803
626-1975078 PD 0.00
31.27
V00388
VIIZI7IN (GIE) 8010110000-6915
PEED d:
0.00
d;
31.27
Total:
31.27
2335/0401002
PR#2/04 FD 0.00
266.72
V00876
K%4-IIIqgTLN MJILi4 8000000000-3010
FID
fid;
266.072
Total:
266.72
V02752
WELLS FPIK3.7 BANK 8110155000-5950
010804A
010804A
'03 MU)n;GD T.A. BO PD 0.00
'03 T.A. BO PD 0.00
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ORDINANCE NO. f
op pit/
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
AMENDING VARIOUS SECTIONS OF THE AZUSA MUNICIPAL CODE
TO ALLOW THE FILING OF ANNUAL TEMPORARY USE PERMITS FOR
SIDEWALK/PARKING LOT SALES EVENTS AND EXHIBITS FOR
A PORTION OF THE DOWNTOWN DISTRICT
WHEREAS, the Azusa Municipal Code contains provisions requiring temporary use permits for
outdoor displays and events; and
WHEREAS, the City Council of the City of Azusa has determined that it would be more efficient to
require a singular annual permit for outdoor sales and display events sponsored by the Downtown Business
Association; and
WHEREAS, the CityCouncil desires to support economic growth and development of businesses in
the Downtown District; and
WHEREAS, the City Council desires to support the Downtown Business Association's efforts to
promote the Downtown District and businesses within the Downtown District, and
WHEREAS, the Planning Commission has conducted a public hearing and has recommended that
the City Council approve this ordinance,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1: Chapter 88, Section 88-505 is hereby amended by adding (i) as follows:
"(i) Downtown Sidewalk/Parking Lot Sales/Exhibits. The Downtown Business Association may make
application for an annual temporary use permit to conduct sidewalk/parking lot sales and exhibit events
within a portion of the Downtown area, which is specifically described as the properties forming the
commercial area along the east and west sides of Azusa Ave. between 5" St. and 9" St. Application for an
annual permit shall be made as described in this Division. Up to 12 sidewalk/parking lot sales and/or exhibit
events may be allowed with one annual temporary use permit, subject to the following:
(1) The Community Development Director may impose any conditions of approval deemed
necessary to protect the public health, safety, and welfare, and the surrounding uses.
(2) An annual encroachment permit is required for activities and/or objects placed in the public
right-of-way, which may be considered concurrently with the annual temporary use permit
process.
(3) Each event allowed under the annual permit may be conducted for a period not to exceed 3
consecutive days.
(4) The Downtown Business Association shall provide no less than two weeks of advanced notice
to the Community Development Director for the conduct of any event approved under the
annual permit.
(5) The Community Development Director may require a cash bond or other guarantee for removal
of the temporary use, cleanup and restoration of the event site within 7 days of the event's
conclusion.
(6) The term of the permit shall be one year from the date of approval.
(7) The fee for the annual permit shall be as established by the City's adopted schedule of fees and
charges.."
SECTION 2: Chapter 62, Article V, Section 62-162 is hereby amended to read as follows:
"Sec. 62-162. Display of goods; solicitation.
(a) Except for newspaper racks, covered by article IV of this chapter, no person shall use or occupy
any public sidewalk in the city for the display of goods, wares or merchandise or use the exterior
walls of any building abutting upon any public sidewalk, street, alley or passageway for the display
of goods, wares, or merchandise, or leave any goods, wares, merchandise, boxes, barrels, trucks
or other articles upon any street or public sidewalk or a portion thereof in the city except as may
be Perm/tted pursuant to DAA4s/on II of Chanter 88.
(b) No person shall occupy or obstruct any public street, alley or sidewalk, with or without any stand,
box, or other equipment, for the purpose of selling, soliciting or advertising the sale of any goods,
wares, or merchandise or for the purpose of giving any demonstrations or exhibition in connection
with the sale or solicitation of the sale of any goods, wares or merchandise except as may
permitted pursuant to Dhdsion 1I of Chapter 88. However, no person shall be deemed to be
occupying or obstructing any street, alley or sidewalk, within the meaning of this subsection while
traveling and in motion thereon. Patriotic, religious or charitable organizations shall secure a
permit therefore from the chief of police. Such organizations shall abide by and conform to such
regulations issued by the chief of police governing such solicitation."
SECTION 3: This project has been found to be Categorically Exempt under the California
Environmental Quality Act - Class I (Existing Facilities).
SECTION 4: This Ordinance shall be posted in accordance with provisions of the Azusa
Municipal Code and shall become effective thirty (30) days from and after the date of its passage.
SECTION 5: The City Clerk shall certify the adoption of this ordinance and shall cause the
same to be published as required by law.
PASSED AND APPROVED this _ day of 2004..
MAYOR
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF AZUSA )
I, VERA MENDOZA, City Clerk of the City of Azusa, do hereby certify that the foregoing
Ordinance No._ was regularly introduced and placed upon its first reading at a regular meeting of
the City Council on the _ day of _, 2004. That thereafter, said Ordinance was duly adopted
and passed at a regular meeting of the City Council on the _ day of _, 2004, by the following
vote, to wit:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
ORDINANCE NO. 04 -
AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, SUPPLANTING
CHAPTER 60 OF THE MUNICIPAL CODEBOOK, TITLED
STORMWATER AND URBAN RUNOFF
POLLUTION PREVENTION
WHEREAS, the 1972 amendments to the Federal Water Pollution Control Act
(commonly known and referred to as the Clean Water Act or "CWA', 33 U.S.C. §§ 1251-
1387, prohibit the discharge of any Pollutant to waters of the United States from a point
source, unless the discharge is authorized by a permit issued pursuant to the National
Pollutant Discharge Elimination System ("NPDES') required by CWA § 402, 33 U.S.C. §
1342; and
WHEREAS, Municipal separate storm sewer systems ("MS4s") which convey urban
runoff, including, but not limited to Storm Water runoff, are within the definition of point
sources under the CWA; and
WHEREAS, pursuant to the CWA, the United States Environmental Protection
Agency ("US EPA") has defined the term "Municipal separate storm sewer system" to mean
a conveyance, or system of conveyances, including roads with drainage systems, municipal
streets, curbs, gutters, catch basins, and storm drains owned or operated by a city, used for
collecting Storm Water; and
WHEREAS, Section 402(p) of the CWA further provides that NPDES permits shall
require controls to reduce the discharge of Pollutants to the maximum extent practicable,
including management practices and such other provisions as may be appropriate for the
control of Pollutants; and
WHEREAS, this City is a permittee under the Los Angeles County MS4 2001
Permit ("2001 Permit") and therefore is required by federal and state law to implement all
requirements of the 2001 Permit, including the SUSMP, as amended by the 2001 Permit;
and
WHEREAS, this City'has authority under Article 11, Section 7 of the California
Constitution to adopt ordinances needed to implement these requirements; and
WHEREAS, this ordinance is exempt from the provisions of the California
Environment Quality Act pursuant to Guideline 15308 as the action taken by the City is
authorized by State Law and consists of an action to assure the maintenance, restoration,
enhancement, or protection of the environment; and
WHEREAS, this City also has authority under the California Water Code to adopt
and enforce ordinances conditioning, restricting, and limiting activities that might degrade
the quality of the waters of the State of California;
IP
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: Chapter 60, STORMWATER AND URBAN RUNOFF POLLUTION
PREVENTION is hereby replaced in the Azusa Municipal Codebook.
Section 2: The following sections comprise the new Chapter and are included in
this ordinance:
60.01. Definitions. The following words and phrases, wherever used in this chapter shall
be construed as follows:
ACT. "Act" means the Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 U.S.C. 1251, et seq.
ADVERSE IMPACT. "Adverse impact" means a detrimental effect upon water quality or
beneficial uses caused by a discharge or loading of a pollutant or pollutants.
BASIN PLAN. "Basin plan" means a Water Quality Control Plan for a specific
watershed area or areas adopted by a regional board.
BENEFICIAL USES. `Beneficial uses" means existing or potential uses of reviewing
waters as defined in a basin plan.
BEST MANAGEMENT PRACTICE. "Best management practice (BMP)" means storm
water -and runoff pollution control practices designed to reduce the pollutants contained
in discharges to the storm drain system and/or receiving waters.
CITY. "City" shall mean the City of Azusa and shall include the Redevelopment Agency
of the City of Azusa.
CODE OF FEDERAL REGULATIONS (CFR). "Code of Federal Regulations (CFR)"
means the codification of the general and permanent rules published in the Federal
Register by the executive departments and agencies of the federal government of the
United States as amended.
COMMERCIAL ACTIVITY. "Commercial activity" means any public or private activity
not defined as an industrial activity in 40 CFR 122.26(b) (14), involved in the storage,
transportation distribution, exchange or sale of goods and/or commodities or providing
professional and/or non-professional services. Commercial activity does not mean a
home based occupation as defined in the same code.
F'"`
CONSTRUCTION ACTIVITY. "Construction activity" means any clearing, grading, or
excavation of any real property that results in soil disturbance. Construction activity does
not include routine maintenance to maintain original line and grade, hydraulic capacity,
or original purpose of a facility, nor does it include emergency construction activities
required to immediately protect public health and safety.
COUNCIL. "Council" means the City Council of the City of Azusa and shall include the
Redevelopment Board of the Redevelopment Agency of the City of Azusa.
COUNTY. "County" means the County of Los Angeles.
DEPARTMENT. "Department' means the Public Works Department.
DISCHARGE. "Discharge" means any release, spill, leak, pumping, flow, escape,
leaching (including subsurface migration or deposition to groundwater) dumping, or
disposal of any gas, liquid, semi-solid, or solid substance.
GOOD HOUSEKEEPING PRACTICE. "Good housekeeping practice" means a best
management practice related to the transfer, storage, use, or cleanup of materials
performed in a regular manner that minimizes the discharge of pollutants to the storm
drain system and/or receiving waters.
HAZARDOUS MATERIAL. "Hazardous material" means any material defined as
hazardous by Chapter 6.95 of the California Health and Safety Code or any substance
designated pursuant to 40 CFR 302. This also includes any unlisted hazardous substance
which is a solid waste, as defined in 40 CFR 261.2, which is not excluded from
regulation as a hazardous waste under 40 CFR 261.4(b), or is a hazardous substance
under Section 101(14) of the Act, if it exhibits any of the characteristics identified in 40
CFR 261.20 through 261.24.
HAZARDOUS WASTE. "Hazardous waste" means a hazardous material, which is to be
discharged, discarded, recycled, and/or reprocessed.
ILLICIT CONNECTION. "Illicit connection" means any human -made conveyance or
drainage system, pipeline, conduit, inlet or outlet through which the discharge of any
pollutant that is connected to the storm drain system without a permit, excluding roof
drains, which convey only storm water.
ILLICIT DISCHARGE. "Illicit discharge" means any discharge to the storm drain
system that is prohibited under local, state, or federal statutes, ordinances, codes, or
regulations. Illicit discharge includes all non -storm water discharges except discharges
pursuant to a NPDES permit or discharges that are exempted or conditionally exempted
by such permit.
INDUSTRIAL ACTIVITY. "Industrial activity" means any public or private activity
which is in any of the 11 categories of activities defined in 40 CFR 122.26(b) (14) and
which is required to obtain a NPDES permit.
INDUSTRIAL/COMMERCIAL FACILITY. "Industrial/commercial facility" means any
public or private facility involved and/or used in either the production, manufacture,
storage, transportation, distribution, exchange, or sale of goods and/or commodities, and
any facility involved and/or used in providing professional and nonprofessional services.
This category of facility includes, but is not limited to, any facility defined by a Standard
Industrial Classification.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT.
"National Pollutant Discharge Elimination System (NPDES) permit" means a permit
issued by the United States Environmental Protection Agency, the State Water Resources
Control Board or a California Regional Water Quality Control Board pursuant to the Act,
that authorizes discharges to waters of the United States.
NON-STORMWATER DISCHARGE. "Non -Storm water discharge" means any
discharge to the storm drain system and/or receiving waters that is not composed entirely
of storm water.
POLLUTANT. "Pollutant" shall have the same meaning as set forth in section 502(6) of
the Act or as incorporated into the California Water Code Section 13373. Pollutants
include, but are not limited to the following:
A. Commercial and industrial waste (such as fuels, solvents, chemicals, detergents,
plastic pellets, hazardous materials or substances, hazardous wastes, fertilizers,
pesticides, soot, slag, ash, and sludge);
B. Metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium and arsenic)
and non-metals (such as carbon, chlorine, fluorine, phosphorous and sulfur), and
compounds of metal and non-metals;
C. Petroleum hydrocarbons (such as fuels, oils, lubricants, surfactants, waste oils,
solvents, coolants, and grease);
D. Eroded soils, sediment, and particulate materials in amounts which may adversely
affect the beneficial use of the receiving waters, flora, or fauna of the state;
E. Animal wastes (such as discharges from confinement facilities, kennels, pens,
recreational facilities, stables, and show facilities);
F. Substances having acidic or corrosive characteristics such as a pH of less than six
or greater than nine; and
G. Substances having unusual coloration or turbidity, levels of fecal coliform, fecal
streptococcus, or enterococcus, which may adversely affect the beneficial use of the
receiving waters, flora, or fauna of the state.
RECEIVING WATERS. "Receiving waters" means all surface water bodies within the
City that are identified by a regional board in a basin plan.
REGIONAL BOARD. "Regional board" means the Los Angeles Regional Water Quality
Control Board.
REGULATED DEVELOPMENT PROJECTS. "Regulated Development Projects" means
those specific types of projects identified by the NPDES permit and the regional board as
requiring compliance with the approved Standard Urban Storm Water Mitigation Plan.
REGULATED REDEVELOPMENT PROJECTS. "Regulated Redevelopment Projects"
means those specific typds of projects identified by the NPDES permit and the regional
board as requiring compliance with the approved Standard Urban Storm Water Mitigation
Plan. The project is subject to these requirements if the redevelopment adds or creates at
least 5,000 square feet of impervious surface to the original development and, where the
addition constitutes less than 50 percent of the original development, to limit the
application of the BMP design standards to the addition.
RUNOFF. "Runoff' means any storm water or non -storm water discharge from any surface
and/or drainage area that reaches the storm drain system and/or receiving waters.
STANDARD INDUSTRIAL CLASSIFICATION (SIC). "Standard Industrial
Classification (SIC)" means a classification pursuant to the current edition of the Standard
Industrial Classification Manual issued by the Executive Office of the President of the
United States, Office of Management and Budget, and as the same may be periodically
revised.
STANDARD URBAN STORM WATER MITIGATION PLAN. "Standard Urban Storm
Water Mitigation Plan" means the current plan approved by the regional board that requires
specific types of development projects to implement and maintain best management
practices to reduce, to the maximum extent practicable, the discharge of pollutants into the
municipal storm drain system.
STATE BOARD. "State board" means the State Water Resources Control Board.
STORM DRAIN SYSTEM. "Storm drain system" means any street, gutter, curbs, inlets,
conduit, natural or artificial drain, retention and detention basins, natural human -made or
altered drainage channels, reservoirs, and watercourse, and/or other facility or any
combination thereof, that is owned and/or operated by the City or the Los Angeles County
Flood Control District and used for the purpose of collecting, storing, transporting, and/or
disposing runoff.
STORMWATER. "Storm water" means any water which originates from atmospheric
moisture (rainfall or snowmelt) and falls onto land, water, and/or other surfaces.
STORMWATER POLLUTION PREVENTION PLAN. "Storm water pollution prevention
plan (S WPPP)" means a plan required by and for which the contents are specified in the
State of California General Permit for Storm water Discharges Associated with Industrial
Activities, and the General Permit for Storm water Discharges Associated with
Construction Activities.
STORMWATER RUNOFF. "Storm water runoff' means storm water that travels across
any surface to the storm drain system and/or receiving waters.
STRUCTURAL BMP. "Structural BMP" means any permanent facility constructed to
control, treat, store, divert, neutralize, dispose of, and/or monitor runoff in order to reduce
or measure pollutants.
UNCONTROLLED DISCHARGE. "Uncontrolled discharge" means any discharge,
intentional or accidental, occurring in such a manner that the discharger is unable to
determine or regulate the quantity, quality or effects of the discharge.
U.S. EPA. "U.S. EPA" means the United States Environmental Protection Agency.
60.02. Purpose and intent.
The purpose of this chapter is to protect the health and safety of the residents of the City
and County by protecting the beneficial uses, marine and river habitats, and ecosystems of
receiving waters within the City from pollutants carried by storm water and non -storm
water discharges. The intent of this chapter is to enhance and protect the water quality of
the receiving waters of the City and the United States, consistent with the Act.
60.03. Applicability of this chapter.
The provisions of this chapter shall apply to the discharge, deposit or disposal of any storm
water and/or runoff to the storm drain system and/or receiving waters within any
incorporated areas of the City of Azusa, including any subsequent annexed areas, covered
by a NPDES municipal storm water permit.
60.04. Standards, guidelines and criteria.
The City may establish uniform minimum standards, guidelines, and/or criteria for specific
discharges, connections, and/or BMPs. The provisions of this section shall not prohibit the
inspector from requiring a discharger or permittee from taking additional measures to
achieve the objectives of this chapter or any permit.
60.05. Illicit discharges prohibited.
No person shall discharge or cause any discharge to enter the storm drain system unless
such discharge:
A. Consists entirely of storm water;
B. Consists of non -storm water that is authorized by a NPDES permit, waiver or
waste discharge order issued by the U.S. EPA, the state board, or the regional
board provided that the person is in compliance with all requirements of the
permit, waiver or order and other applicable laws and regulations;
C. Is associated with emergency fire fighting activities; or
D. Is otherwise in compliance with the requirements of this chapter.
60.06. Installation or use of illicit connections prohibited.
No person shall install, maintain or use any connection to the storm drain system or shall
cause non -storm water to be discharged or conveyed through a connection to the storm
drain system unless the connection has been permitted by the City.
60.07. Removal of illicit connection from the storm drain system.
If any person fails to remove an illicit connection upon notification by the City, or upon
revocation of a connection permit, the City may remove such connection from the storm
drain system pursuant to this Section of this chapter. The City may pursue the recovery of
costs for such removal pursuant to applicable City Codes.
60.08. Littering and other discharge of polluting or damaging substances prohibited.
A. No person shall cause any refuse, rubbish, food waste, garbage, or any other
discarded or abandoned objects to be littered, thrown, deposited, placed, left,
accumulated, maintained or kept in or upon any street, alley, sidewalk, storm drain, inlet,
catch basin, conduit, drainage structure, place of business, or upon any public or private
property except when such materials are placed in containers, bags, recycling bins, or
other lawfully established waste disposal facilities protected from storm water or runoff.
B. No person shall cause the disposal of hazardous materials or wastes into trash
containers used for municipal trash disposal.
C. No person shall cause to be discharged to the storm drain system any pesticide,
fungicide, or herbicide prohibited by the U.S. EPA or the California Department of
Pesticide Regulation.
D. No person shall cause the accumulation of pollutants, leaves, dirt, or other landscape
debris into a street, alley, catch basin, culvert, curb, gutter, inlet, ditch, natural
watercourse, flood control channel, canal, storm drain, or any fabricated or natural
conveyance.
E. No person shall cause the disposal of sanitary or septic waste or sewage into the storm
drain system from any property or residence or any type of recreational vehicle, camper,
bus, boat, holding tank, portable toilet, vacuum truck or other mobile source of waste
holding tank, container or device.
F. Waste deposited in streets in proper waste receptacles for the purposes of collection
are exempted from this prohibition.
60.09. Storm water and runoff pollution mitigation for construction activity.
No person shall commence any construction activity for which a permit is required by
this code without implementing all storm water and runoff pollution mitigation measures
required by such permit.
60.10. Prohibited discharges from industrial or commercial activity.
The following discharges from industrial of commercial activities are prohibited unless
the discharge is in compliance with the NPDES permit:
A. Discharge of wash waters to the storm drain system from the cleaning of gas stations,
auto repair garages, or other types of auto repair facilities;
B. Discharge of wastewater to the storm drain system from mobile auto washing, steam
cleaning; mobile carpet cleaning, and other such mobile commercial and industrial
operations;
C. Discharge to the storm drain system from areas where repair of machinery and
equipment, including motor vehicles, which are visibly leaking oil, fluids or coolants is
undertaken;
D. Discharge to the storm drain system from storage areas for materials containing
grease, oil, or hazardous materials, or uncovered receptacles containing hazardous
materials, grease, or oil;
E. Discharge of commercial/public swimming pool filter backwash to the storm drain
system;
F. Discharge from the washing of toxic materials from paved or unpaved areas to the
storm drain system;
G. Discharge from the washing out of concrete trucks to the storm drain system; or
H. Discharge from the washing or rinsing of restaurant mats, equipment or garbage bins
or cans in such a manner that causes non -storm water to enter the storm drain system.
60.11. Industrial/commercial facility sources required to obtain a NPDES permit
Any industrial or commercial facility required to have a NPDES permit shall retain on-
site and, upon request, make immediately available to the City the following documents
as evidence of compliance with permit requirements, as applicable:
A. A copy of the NPDES permit or notice of intent to comply with a general permit to
discharge storm water associated with industrial activity as submitted to the state board or
report of waste discharge as submitted to the regional board;
B. A waste discharge identification number issued by the state board or copy of the
NPDES permit issued by a regional board;
C. A SWPPP and a monitoring program plan or group monitoring plan;
D. Storm water quality data; and
E. Evidence of facility self -inspection.
60.12. Public facility sources required to obtain a NPDES permit.
Any public facility required to have an NPDES permit shall retain on-site and, upon
request, make immediately available to the City the following documents as evidence of
compliance with permit requirements, as applicable:
A. A copy of the NPDES permit or notice of intent to comply with a general permit
to discharge storm water associated with industrial activity as submitted to the
state board or report of waste discharge as submitted to the regional board;
B. A waste discharge identification number issued by the state board or copy of the
NPDES permit issued by the regional board;
C. A SWPPP and a monitoring program plan or group monitoring plan;
D. Storm water quality data; and
E. Evidence of facility self -inspection.
60.13. Reeulated Development or Redevelopment Projects.
A. Prior to the construction of a regulated development or redevelopment project,
such project shall be reviewed by the City for its potential to discharge pollutants
to the municipal storm drain system. Such review shall be conducted in
accordance with development planning requirements established by the regional
board or its Executive Officer, pursuant to the municipal NPDES permit.
B. Once a regulated development or redevelopment project has been reviewed for its
potential to discharge pollutants to the municipal storm drain system, the City
shall require appropriate BMPs to be implemented during construction and
following project completion. The prescription of BMPs shall be in keeping with
the Standard Urban Storm Water Mitigation Plan requirements established by the
regional board or its Executive Director, pursuant to the municipal NPDES
permit.
60.14. Notification of Uncontrolled Discharges Required.
A. Upon the discovery of an uncontrolled discharge to the storm drain system, the
discharger or permittee shall immediately notify the City of the incident by
telephone in addition to any other notifications to public agencies as may be
required by law. The notification shall include location of the discharge, type of
materials discharged, estimated concentration and volume of the discharge, and
corrective actions taken to contain or minimize the effects of the discharge.
B. Within ten (10) calendar days after the first discovery of the uncontrolled
discharge, the discharger or permittee shall submit to the City a detailed written
report describing the cause of the discharge, corrective action taken and measures
to be taken to prevent fixture occurrences, and measures taken to remediate the
effects of the discharge. Such notification shall not relieve the discharger or
permittee from liability or fines incurred as a result of the uncontrolled discharge.
6.15. Good housekeeping provisions.
An owner or occupant of any property shall comply with the following good
housekeeping requirements:
A. No person shall leave, deposit, discharge, dump, or otherwise expose any
pollutant in an area where actual or potential discharge to the city streets or the
storm drain system may occur. Any spills, discharge, or residues shall be removed
as soon as possible and disposed of properly.
B. Runoff from landscape irrigation, air conditioning condensate, water line flushing,
foundation/footing drains, individual residential car washing, dechlorinated
swimming pool discharges and sidewalk washing shall be conducted in a manner
not in violation of other provisions of this code.
C. Runoff from washing paved areas, including but not limited to parking lots, on
industrial or commercial property is prohibited unless specifically required by
federal, state, or local health or safety codes and not in violation of any other
provision of this code. Runoff from authorized washing of paved areas shall be
minimized to the extent practicable.
D. Objects, such as motor vehicle parts, containing grease, oil, or other hazardous
materials, and unsealed receptacles containing hazardous materials, shall not be
stored in areas exposed to storm water or otherwise susceptible to runoff.
E. Any machinery or equipment which is to be repaired or maintained in areas
exposed to storm water or otherwise susceptible to runoff shall be provided with
containment areas to control leaks, spills, or discharges.
F. All motor vehicle parking lots with more than 25 parking spaces and located in
areas exposed to storm water or otherwise susceptible to runoff shall have debris
removed by regular sweeping or other equally effective measures. Such debris
shall be collected and properly disposed of.
60.16. Best management practices for construction activity.
All BMPs required as a condition of any permit for construction activity granted pursuant
to this code shall be maintained in full force and effect during the term of the project,
unless otherwise authorized by the City.
60.17. Best management practices for industrial and commercial facilities.
All industrial and commercial facilities shall implement BMPs to the maximum extent
practicable. Minimum BMPs applicable to all industrial and commercial facilities
include, but are not limited to:
A. Termination of all non -storm water discharge to the storm drain system that is not
specifically authorized by a NPDES permit,
B. Exercising general good housekeeping practices,
C. Incorporating regularly scheduled preventive maintenance into operations,
D. Maintaining spill prevention and control procedures,
E. Implementing soil erosion control,
F. Posting on-site private storm drains to indicate that they are not to receive liquid
or solid wastes,
G. Implementing regular cleaning of the on-site private storm drain system, and
H. Insuring that storm water runoff is directed away from operating, processing,
fueling, cleaning and storage areas.
60.18. Installation of structural BMPs.
No person shall install a structural BMP for the purpose of treating, neutralizing,
disposing of, monitoring or diverting to the sanitary sewer system any runoff without the
approval of the City. Such facilities may be subject to plan review, application and
issuance of operating permits pursuant to of this code.
60.19. BMPs to be consistent with environmental goals.
No person shall install or implement a BMP that transfers pollutants to air, groundwater,
surface soils and/or other media in a manner inconsistent with applicable environmental
laws and regulations.
60.20. Enforcement
The City may enter into agreements with other government agencies or consultants for
the purpose of implementing the requirements of this chapter.
60.21. Obstructing access to facilities prohibited.
No object, whether a permanent structure, a temporary structure, or any object which is
difficult to remove, shall be located on any storm drain easement or placed in such a
position as to interfere with the ready and easy access to any facility conveying storm
water or runoff as described in this chapter unless authority is granted by the City. Upon
notification by the City, any such obstruction shall be immediately removed by the
responsible parry at no expense to the City, and shall not be replaced.
60.22. Inspection to ascertain compliance - Access required.
A. The City may inspect in a manner authorized by state law, as often as deemed
necessary, any publicly or privately owned storm drain, storm drain connection,
street, gutter, yard, plant, storage facility, building, BMP, NPDES permit,
SWPPP, storm water management plan, construction activity or other facility to
ascertain whether such facilities, plans, or protective measures are in place,
maintained and operated in accordance with the provisions of this chapter.
B. In the course of such inspection, the City may:
1. Inspect, sample, make flow measurements of any runoff, discharge or
threatened discharge;
2. Place on the premises devices for runoff or discharge sampling,
monitoring, flow measuring or metering;
3. Inspect, copy, or examine any records, reports, plans, test results or other
information required to carry out the provisions of this chapter, to the
extent allowed by law; and
4. Photograph any materials, storage areas, waste, waste containers, BMP,
vehicle, connection, discharge, runoff and/or violation discovered during
an inspection.
60.23. Interference with inspector prohibited.
No person shall, during reasonable hours, refuse, restrict, resist, or attempt to resist the
entrance of the City inspector into any building, factory, plant, yard, construction project
or other place or portions thereof in the performance of his/her duty within the powers
conferred upon him/her by law.
60.24. Notice to correct violations.
The City may issue a Notice to Appear to achieve compliance with the provisions of this
chapter. Failure to comply with the terms and conditions of a Notice to Appear shall
constitute a violation of this chapter.
If a person fails to comply with a written notice issued under this section to remove an
illicit connection, obstruction or other encroachment to the storm drain system, the City
may perform the work as provided in this chapter. The person responsible for installing
or operating such a facility shall be liable to the City for the cost of such work to be
recovered in a civil action in any court of competent jurisdiction.
60.25. Violation a public nuisance.
Any discharge in violation of this chapter, any illicit connection, and/or any violation of
runoff management requirements shall constitute a threat to public health and safety and
is declared and deemed a public nuisance.
60.26. Nuisance abatement
Whenever a nuisance shall be found to exist on any premises, the City may summarily
abate such nuisance upon determination that the nuisance constitutes an immediate threat
to public health or safety, or the inspector may notify in writing the person(s) having
control of or acting as agent for such premises to abate or remove such nuisance within
such time as is stated on the notice. Upon the failure or refusal of such person(s) to
comply with the notice, the inspector may abate such nuisance in the manner provided by
law. The person(s) having control of such premises, in addition to the penalties provided
by this chapter, shall be liable to the City for any costs incurred by the City for such
abatement to be recovered in a civil action in any court of competent jurisdiction.
60.27. Violation - Penalty.
A. Any person, firm, corporation, or district of any officer or agent of any firm,
corporation or district violating any provision of this chapter, who may otherwise be
charged with a misdemeanor under this chapter, may be charged with an infraction
punishable by a fine of not more than $100.00 for the first violation, $200.00 for a second
violation, and a fine not exceeding $500.00 for each additional violation occurring within
one year.
B. Any person, firm, corporation, or district or any officer or agent of any firm,
corporation, or district violating any provision of this chapter shall be guilty of a
misdemeanor. Such violation shall be punishable by a fine of not more than $1,000.00 or
by imprisonment in the county jai] for a period not to exceed six months, or by both such
fine and imprisonment. Each day during any portion of which such violation is
committed, continued or permitted shall constitute a separate offense and shall be
punishable as such.
60.28. Penalties not exclusive.
Penalties under this chapter are in addition to, and do not supersede or limit, any and all
other penalties or remedies provided by law.
60.29. Conflicts with other code sections.
The provisions of this chapter shall control over any inconsistent or conflicting provisions
of this code.
60.30. Severability.
If any portion of this chapter or the application thereof to any person or circumstances is
held invalid, the remainder of this chapter, and the application of such provisions to other
persons or circumstances, shall not be affected thereby.
PASSED AND ADOPTED this day of February 2, 2004.
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss.
CITY OF AZUSA
I, Vera Mendoza, City Clerk of the City of Azusa, County of Los Angeles, State of
California, hereby attest to the above signature and certify that the Ordinance was
adopted by the City Council of said City of Azusa at a regular meeting of said Council
held on the Second day of February, 2004, by the following vote:
AYES: Councihnembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Vera Mendoza, City Clerk
City of Azusa, California
APPROVED AS TO FORM:
City Attorney, City of Azusa
An
AGENDA ITEM
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: DAVE RUDISEL, COMMUNITY IMPROVEMENT MANAGER
VIA: ROY E. BRUCKNER, COMMUNITY DEVELOPMENT DIRECTOR
RICK COLE, CITY MANAGER
DATE: FEBRUARY 17, 2004.
SUBJECT: SECOND READING OF ORDINANCE AMENDING CHAPTER 30
AZUSA MUNICIPAL CODE CONCERNING FIREWORKS
RECOMMENDATION
It is recommended that the City Council waive further reading and adopt the
Ordinance amending Chapter 30 Azusa Municipal Code concerning fireworks.
BACKGROUND
The attached Ordinance was introduced at the February 2, 2004, Council
meeting. Per Council direction, Section 30-105 (14) was changed from "chief
of police" to "police department". If approved, the Ordinance would take
affect 30 days after the second reading.
The Ordinance amendment addresses issues involving the dates sales are
permitted, sales to minors, and allows the council to extend where the
discharge of fireworks would be prohibited without additional code
amendments. Specifically, the amendments would prohibit the sale or
discharge of fireworks after 12:01 am, July 5h of each year, would prohibit the
sale of fireworks to persons under the age of 18 years, adds a penalty provision
defining a violation as a misdemeanor, and allows the council to amend the
prohibited locations of discharge by means of a Resolution of the City Council.
In terms of sales, the greatest impact on the retail sales of fireworks is raising
the age limit to purchase from 16 to 18 years of age. This would be a more
restrictive age limit than provided for in § 12689 (b) Health and Safety Code
that sets the minimum age at 16 to purchase safe and sane fireworks. To what
extent this increased age limit will have on retail sales of safe and sane
fireworks is unknown, and may in fact adversely affect retail sales volume.
1
FISCAL IMPACT
Adoption of the Ordinance with the proposed changes may
impact on retail sales tax paid by retailers. Other changes
cause an increase in fines and penalties collected as well as
in police calls for service.
have a negligible
as proposed may
a possible increase
im
ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AZUSA, CALIFORNIA, AMENDING
ARTICLE IV OF CHAPTER 30 OF THE AZUSA
MUNICIPAL CODE CONCERNING FIREWORKS
REGULATIONS
THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 30, Article IV, entitled Fireworks is hereby amended to read as follows:
"Sea 30-101. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Safe and sane fireworks means only those fireworks that have been classified and registered as
safe and sane by the state fireworks law (Health and Safety Code 0 12500 et seq.) and the state fire marshal.
Sea 30-102. Restrictions on sale or discharge.
Except as provided in this article, the sale, offering for sale or the discharge within the city of
fireworks of any kind, nature or description, including those devices defined as fireworks in Health and Safety
Code § 12511, is prohibited
Sea 30-103. Permitted discharge.
(a) Except as otherwise provided in this article, annually on July 1, 2, 3 and 4, safe and sane fireworks
may be discharged in the following areas within the city:
(I) Single-family residential zones (111-10000, R1-7500, RI -6000, R1-5000);
(2) Residential agricultural zone (R -A);
(3) Two-family residential zone (R-2);
(4) Multiple -family residential zones (R3-3000, R3-2000, R3-1600); and
(5) City parks.
(b) Safe and sane fireworks shall not be discharged at any other time nor in any zone or area other than
provided in this section.
(c) Regardless of the zone in which a fireworks stand is located, safe and sane fireworks shall not be
discharged within 100 yards of any such stand.
(d) Notwithstanding the permitted zones where safe and sane fireworks may be discharged pursuant to
subsection (a), no safe and sane fireworks may be discharged north of Sierra Madre Avenue as depicted on the
"No Fireworks Zone" map on file in the City Clerk's Office. A copy of the map shall be posted at all permitted
fireworks stands. The `No Fireworks Zone Map" referenced herein shall be adopted or amended by separate
Resolution of the city council.
Sec. 30-104. Public displays.
Fireworks may be discharged at any celebration of a public or semipublic nature if a permit authorizing
the discharge of fireworks is obtained in advance of the celebration from the city council. Any such permit may
be issued subject to such conditions as may be necessary for the protection of the public peace or safety.
Sec. 30-105. Temporary stands.
All temporary stands for the retail sale of safe and sane fireworks shall be constructed, maintained,
operated and removed in the manner and subject to the following conditions:
(1) Temporary fireworks stands need not comply with the provisions of the city building code;
provided, however, that all stands shall be erected under the supervision of the building
t
official and shall be constructed in a manner that will reasonably ensure the safety of
attendants and patrons.
(2) No person other than the permittee organization shall operate the stand for which the permit is
issued or share or otherwise participate in the profits of the operation of such stand.
(3) No person other than the individuals who are members of the permittee organization or the
spouses or adult children of such members shall sell or otherwise participate in the sale of
fireworks at such stand.
(4) No person shall be paid or receive any other consideration for selling or otherwise
participating in the sale of fireworks at such stand.
(5) No person shall be allowed in the interior of the stands, except those directly engaged in the
sale of fireworks.
(6) There shall be at least one adult supervisor on duty on a 24-hour basis during the time the
permit authorizes the sale of fireworks, regardless of whether the fireworks stand is open for
business or not. No person under 14 years of age shall be allowed inside the booth at any
time.
(7) No smoking signs shall be prominently displayed both inside and outside the stand. No
smoking shall be permitted within the stand or within five feet of the stand. The discharge of
Fireworks within 100 yards of any fireworks stand is prohibited.
(8) All weeds and combustible material shall be cleared from the site on which the stand is
erected. No rubbish shall be allowed to accumulate in or around any fireworks stand nor shall
a fire nuisance be permitted to exist.
(9) No stand shall be erected before lune 15 of any year. The stand shall be removed from the
premises on which it is erected and the premises shall be cleared of all structures and debris
not later than 12:00 noon of July 12 following.
(10) All stands shall be equipped with at least one fire extinguisher for each exit in the stand. The
fire extinguisher shall be approved w to efficiency and safety by the fire department
(11) Each stand in excess of 20 feet in length shall have at least two exits; provided, however, in
no case shall the distance between exits exceed 20 feet, and the total length of any fireworks
stand shall not exceed 40 feet
(12) No stand shall be constructed with a depth of more than 12 feet
(13) No stand shall be placed closer than 20 feet of any permanent building, 100 feet from any
gasoline pump, or 300 feet from another fireworks stand.
(14) With each sale of fireworks, the person selling the fireworks shall personally hand to the
customer a warning sheet describing the sections of this article regarding the dates and
locations within the city where fireworks may be discharged. The warning sheet shall be
prepared by the police department and shall describe the sections of this article and shall
include a map showing the various zones within the city where fireworks may be discharged
The police department shall distribute to each permittee on or before lune 15 of each yearthe
warning sheet to be used by the fireworks stands. Each permittee operating a stand shall be
responsible for reproducing the warning sheet and distributing it to each customer of the
stand. It shall be unlawful for the permittee of any stand or any person working at the stand to
sell fireworks to any person without personally distributing the warning sheet to each
customer. The failure of any person purchasing fireworks to receive the warning sheet shall
not excuse his failure to comply with the sections of this -article relating to the discharge of
safe and sane fireworks.
(15) No fireworks stand shall be permitted to operate North of an Easterly or Westerly
prolongation of Ninth Street to the city limits.
(16) No fireworks stand shall be located on any vacant or unimproved parcel of land.
(17) The placement of any temporary portable signs, or other advertising mediawithin any public
right of way shall be prohibited.
(18) It is unlawful for any person to sell, provide or distribute fireworks to a remit seller of safe
and sane fireworks, on the condition that the retail seller of such fireworks shall sell or
distribute such fireworks only from a fireworks stand location in which the provider has any
interest, option or lease, or in any other manner to restrict the location of such fireworks stand.
(19) Sales to persons under 18 years of age is prohibited.
(20) No person shall discharge safe and sane fireworks on the property of another without consent
(21) Nothing in this chapter shall prohibit the owner of any multi -family dwelling from prohibiting
the discharge of safe and sane fireworks on their property as a condition of a rental agreement
(22) Nothing in this chapter shall prohibit the governing board of any common interest
development from adopting rules and regulations governing the discharge of safe and sane
fireworks within the boundaries of a common interest development
Sea 30-106 Violation; Penalty
Any person who discharges, sells, or operates a fireworks stand in violation of this chapter is guilty of
a misdemeanor and subject to penalties as set forth in Section 1-10 Azusa Municipal Code.
Secs. 30-107-30-130. Reserved.
DNISION 2. SALE PERMIT
Sec. 30-131. Application.
Applications for a safe and sane fireworks sale permit shall be in writing and shall contain the
following:
(1) The time and address of the applicant organization.
(2) The applicant organizations status as a nonprofit organization.
(3) The date upon which the applicant organization was organized and established and the
number of adults who are members of the applicant organization.
(4) The time and addresses of the officers, if any, of the applicant organization along with the
names, addresses, and telephone numbers of any officers of the organization.
(5) The location where the applicant organization proposes to sell fireworks alongwith a letterof
authorization signed by the property owner which shall include the property owners mailing
address and telephone number.
(6) The location of the applicant organizations principal and permanent meeting place.
(7) The applicant organizations state board of equalization sales tax permit
(8) The applicant organization shall, at the time of receipt of such permit, deliver to the city a
copy of a public liability insurance policy in the amounts of $25,000.00/$50,000.00 and a
property damage insurance policy in the amount of $5,000.00 issued to the applicant
organization with a rider attached to the policy designating the city as an additional insured
thereunder.
(9) Assurance that if the permit is issued to the applicant organization, the applicant organization
will use the net proceeds from the sale of fireworks for the promotion of youth activities,
veteran, patriotic, civic, or charitable activities within the city.
(10) The applicant organization shall provide a list of all promotional activities for youth, veteran,
patriotic, civic, and charitable activities performed with the net proceeds from fireworks sales within the City
of Azusa for the previous year, and list proposed expenditures in these areas for the following year. The city
may verify any expenditure itemization submitted prior to issuing a permit to sale fireworks. In the event the
applicant organization cannot provide the required expenditure itemization, a permit shall be denied.
(11) Falsification of any required application information shall be grounds to deny any future fireworks
sales permits to the applicant organization.
Sec 30.132. Issuance.
(a) Upon the receipt on or before April 1 of each year of a written application therefor, the City
Administrator or his/her designee may issue a maximum of 23 permits for the sale of safe and sane fireworks to
nonprofit associations or corporations organized for veteran, patriotic, youth serving, civic betterment or
charitable purposes which:
(1) Supports youth programs solely for students of the Azusa Unified School District; or
(2) Has all of the following:
a. Its principal and permanent meeting place in the city limits;
b. Been organized and established in the cityfor a minimum of three years continuously
preceding the filing of the application for the permit; and
C. Who meet regularly within the city; and
d. Has submitted all required application information.
(b) Only one permit shall be issued per organization regardless of the number of individual
chapters or subgroups associated with the organization, or meeting within the City of Azusa;
provided, however, that two permits may be issued to Azusa High School, Gladstone High
School, and Azusa Pacific University.
(c) The City Administrator or his/her designee shall either grant or deny the permit before May 1. Ifthe
application for the permit is denied, the applicant organization may appeal to the city council. After such
investigation as it deems appropriate, the city council may issue or refuse to issue the permit. If it issues the
permit the city council may attach such conditions to the permit as are required for the protection of the public
peace or safety.
(d) The decision of the city council upon the application shall be final.
Sec 30-133. Permittee compliance required.
(a) If, in the opinion of the City Administrator or his/her designee, the construction of a temporary
fireworks stand or the operation and maintenance of the stand does not conform to this article, any peace
officer may order that the stand be immediately closed.
(b) If a permittee fails to comply with this article or with the orders of the fire department, building
division, or any peace officer, that fact shall constitute sufficient grounds for the denial in any subsequent year
of any application by that organization for a permit to sell fireworks.
Sec. 30-134. Time, location restrictions.
(a) The permit required in this division shall authorize the sale of safe and sane fireworks beginning at
12:00 noon on Jane 30 and ending at 12:01 not July 5.
(b) The permit shall authorize the sale of safe and sane fireworks only from the temporary stand
erected at the location specified in the application. Each applicant shall be limited to one permit a year, and
each permit shall be limited to one stand."
SECTION 2: This Ordinance shall be posted in accordance with provisions of the Azusa
Municipal Code and shall become effective thirty (30) days from and after the date of its passage.
SECTION 3: The City Clerk shall certify the adoption of this ordinance and shall cause
the same to be published as required by law.
PASSED, APPROVED AND ADOPTED this _ Day of - , 2004.
CRISTINA CRUZMADRID, MAYOR
F1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF LOS ANGELES )
I, VERA MENDOZA, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance
No. —
was regularly introduced and placed upon its fust reading at a regular meeting of the City Council
on the _ day of February, 2004. That thereafter, said Ordinance was duly adopted and passed at a regular
meeting of the City Council on the _ day of . 2004, by the following vote, to wit:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
CITY CLERK -
APPROVED AS TO FORM:
CITY ATTORNEY
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF AZUSA ADOPTING A "NO
FIREWORKS ZONE MAP" PURSUANT TO
ARTICLE IV, SECTION 30-103 (d) AZUSA
MUNICIPAL CODE
WHEREAS, the Azusa City Council is desirous of limiting the
locations where safe and sane fireworks may be discharged; and
WHEREAS, many neighborhoods in the City of Azusa are in close
proximity to the San Gabriel Mountains and areas susceptible to the spread of
fire; and
WHEREAS, the City Council. is desirous of creating a buffer between
some existing residential neighborhoods where safe and sane fireworks may
otherwise be discharged and high fire hazard areas; and
WHEREAS, existing and future areas .of development may require
additional buffering where safe and sane fireworks may be hazardous; and
WHEREAS, Article IV, Section 30-103 (d) Azusa Municipal Code
requires that the City Council adopt a "No Fireworks Zone Map".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF AZUSA AS FOLLOWS:
SECTION I , That the map attached hereto and entitled "No
Fireworks Zone Map" is herein adopted by reference.
SECTION 2. Nothing in this Resolution shall limit or otherwise
prevent the City Council from amending said map to create additional buffer
zones or extending those areas of the City of Azusa defined as a "No Fireworks
Zone" therein.
SECTION 3. The City Clerk shall certify the adoption of this
resolution.
PASSED, APPROVED AND ADOPTED this 17th day of February, 2004.
MAYOR
I HEREBY CERTIFY that the foregoing Resolution was duly adopted
by
The City Council of the City of Azusa, at a regular meeting thereof, held on the
17th day of February, 2004, by the following vote of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
Todd Ave
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5an Gabriel Ave