HomeMy WebLinkAboutResolution No. 04-C23RESOLUTION NO. 04- C23
A RESOLUTION AND ORDER OF THE CITY COUNCIL OF
THE CITY OF AZUSA, CALIFORNIA, REVOKING THE
BUSINESS LICENSE OF THE LAST CHANCE SALOON
LOCATED AT 832 N. AZUSA AVENUE, AZUSA AND
DECLARING SUCH PROPERTY A PUBLIC NUISANCE
WHEREAS, Section 18-21 of the Azusa Municipal Code generally
provides that every business license granted is subject to the express condition that
the city council may revoke the license at any time when it is determined that (1) any
state of facts exist upon which it would be authorized to deny an application for such
license or permit; (2) the person to whom such license was issued or any of his
agents, servants or employees has violated any of the conditions of the license or
permit, if any, or terms of the Azusa Municipal Code or of any of the laws of the State
of California; or (3) the business has been so conducted as to be a public nuisance;
and
WHEREAS, The City Council of the City of Azusa does hereby find,
determine and declare the following:
A. On October 1, 2003, a duly noticed hearing was held before the
City of Azusa Public Nuisance Hearing Officer to determine whether or
not the property located at 832 N. Azusa Avenue (hereinafter "Subject
Property") constitutes a public nuisance as defined in Article XIV, Section
14-412, Subsections 3, 4, & 11 of the Azusa Municipal Code. The
Hearing Officer found the Subject Property to be a public nuisance
because of defective and unpermitted roof covering causing water
ponding and accumulation,' damaged and peeling exterior paint,
maintaining a storage building in an unsafe and dilapidated condition,
t the presence of graffiti, damaged and broken exterior lighting, the
presence of debris and cast-off items on the property, the absence of an
approved fire extinguisher, failure to maintain parking lot striping,
cracked and damaged parapet, dry -rotted fascia boards and exterior
wood storage building, unpermitted/illegal use of electrical extension
cord wiring throughout the building interior, loose electrical breaker
panel, absence of a water shut-off valve on the water heater, lack of
pressure relief valve drain pipe, lack of mechanical ventilation in Men's
restroom, and water damage in Women's restroom ceiling.
B. The owner of the Subject Property, Ms. Kathern E. Elliott, filed a
timely appeal of the October 1, 2003, decision of the Hearing
Officer to the Azusa City Council pursuant to provisions set forth
in Section 14-418 Azusa Municipal Code.
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RESOLUTION NO. 04—C44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
APPROVING THE SIXTH AMENDMENT TO THE EXCLUSIVE
FRANCHISE AGREEMENT WITH ARAKELIAN ENTERPRISES TO
AMEND THE SERVICE RATES AND FEES FOR FISCAL YEAR 2004-
2005.
WHEREAS, on October 2, 2000, the City Council of the City of Azusa, approved an
Exclusive Franchise Agreement with Arakelian Enterprises, Incorporated (Contractor), for refuse
collection and recycling services ("Original Agreement"); and
WHEREAS, Section 5 of the Original Agreement requires that service rates be modified
annually to account for cost of living changes and changes in disposal costs ("Adjustments"); and
WHEREAS, on June 5, 2000, the City of Azusa adopted Ordinance No. 00-09 pursuant to
California Public Resources Code Section 41901, which authorizes the City to impose a fee in an
amount sufficient to pay the costs of preparing, adopting and implementing the Source Reduction and
Recycling Element and Household Hazardous Waste Element, as required by the California
Integrated Waste Management Act of 1989 ("AB 939 Fee"); and
WHEREAS, Ordinance No. 00-09 states that the AB 939 Fee shall be determined, fixed and
established from time to time by resolution of the City Council; and
WHEREAS, on June 21, 2004, the City Council of the City of Azusa approved an
adjustment to the AB 939 Fee; and
WHEREAS, the City Council wishes to reflect the rate Adjustments and AB 939 Fee in the
Original Agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
DOES FIND AND DECLARE THAT:
SECTION 1: Adoption of Fourth Amendment. The attached Fourth Amendment to the
Exclusive Franchise Agreement Between the City of Azusa and Arakelian
Enterprises, Inc. for Refuse Collection, Recycling and Disposal Services is hereby
approved. The rate schedule adopted as part of the Fourth Amendment shall
supercede any rate schedule previously adopted.
SECTION 2: Effective Date. This Resolution shall become effective upon its adoption.
SECTION 3: Authorization. That the Mayor shall sign and the City Clerk shall
certify to the passage and adoption of this Resolution.
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PASSED AND APPROVED on this 21sT day of June 2004.
&I-4t—
Mayor
Pro—tem
I HEREBY CERTIFY that the foregoing resolution was duly passed by the City Council of the
City of Azusa at a regular meeting thereof on the 21ST day of June 2004, by the following vote of the
City Council:
AYES: COUNCIL MEMBERS: HARDISON, STANFORD,_ CHAGNON, ROCHA
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: MADRID
City Cl