HomeMy WebLinkAboutAgenda Packet - May 23, 2005 - CCAGENDA
SPECIAL MEETING
OF THE CITY COUNCIL
AZUSA LIGHT AND WATER
729 NORTH AZUSA AVENUE
PRELIMINARY BUSINESS
• Call to Order
• Roll Call
MONDAY, MAY 23, 2005
(TO START IMMEDIATELY
FOLLOWING UTILITY BOARD
MEETING WHICH BEGINS AT
6:30 PM)
A. PUBLIC PARTICIPATION - Please note that public comments are welcomed by recognition of the
Mayor.
B. STAFF REPORTS/COMMUNICATIONS
1. Report on Development Code, Setbacks for fools and Alternatives (Verbal)
C. AGENDA ITEMS
Proposed Urgency Ordinance Regulating the Discharge of Safe and Sane Fireworks and Extending the
Application Period for Fireworks Permits for Fireworks Permits for Five Working Days on a First -
Come. First -Serve Basis Up to the Limit of Permits Authorized for Issuance Under the Current
Fireworks Ordinance. Recommendation: 1) Consider the regulatory provisions set forth in the urgency
ordinance and adopt those provisions it wishes to put into effect or direct staff to propose a revised
urgency ordinance for consideration at the Council's.next regular meeting. 2) Approve the extension of
the application period for fireworks permits for five working days, on a first-come, first -serve basis up to
the limit of permits authorized for issuance under the current ordinance.
2. Professional Services Agreement with Dr. Mathis & Associates for Recruitment Services.
Recommendation: Waive formal purchase requirements and approve Professional Services Agreement
and proposal by Mathis & Associates for recruitment services for positions of Finance Director and
Community Development Director.
D. CLOSED SESSION
REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Property: 100 W. Foothill Boulevard, Azusa 91702
City Negotiators: Interim City Manager Hsu and Assistant City Manager Person
Under Negotiation: Price and Terms of Payment
E.
1. Adjourn
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05/23/05 Special Meeting
DATE: MAY 19, 2005
TO: MEMBERS OF THE CITY COUNCIL OF THE CITY OF AZUSA
RE: NOTICE OF A SPECIAL MEETING
to be held on MONDAY, MAY 23, 2005, at 6:30 p.m., or immediately following the Utility Board
Meeting, at the Azusa Light and Water Department Conference Room, located at 729 N. Azusa
Avenue, Azusa, California, for the purpose of:
1. Report on Development Code, Setbacks for Pools and Alternatives (Verbal)
2. Proposed Urgency Ordinance Regulating the Discharge of Safe and Sane Fireworks.
3. Professional Services Agreement with Dr. Mathis & Associates for Recruitment Services.
4. Closed Session -Real Property Negotiations (Gov. Code Sec. 54956.8)
Property: 100 W. Foothill Boulevard, Azusa 91702
DATED: May 19, 2005
CANDACETOSCANO
DEPUTY CITY CLERK
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: SONIA CARVALHO, CITY ATTORNEY
VIA: JOE HSU, INTERIM CITY MANAGER
�
DATE: MAY 23, 2005
SUBJECT: PROPOSED URGENCY ORDINANCE REGULATING THE DISCHARGE OF
SAFE AND SANE FIREWORKS AND EXTENDING THE APPLICATION PERIOD
FOR FIREWORKS PERMITS FOR FIVE WORKING DAYS ON A FIRST-COME,
FIRST-SERVED BASIS UP TO THE LIMIT OF PERMITS AUTHORIZED FOR
ISSUANCE UNDER THE CURRENT FIREWORKS ORDINANCE
RECOMMENDATION:
It is recommended the City Council:
1) consider the regulatory provisions set forth in the attached urgency ordinance and adopt
those provisions it wishes to put into effect or direct staff to propose a revised urgency
ordinance for consideration at the Council's next regular meeting.
2) Approve the extension of the application period for fireworks permits for five working
days, on a first-come, first-served basis up to the limit of permits authorized for issuance
under the current ordinance
BACKGROUND:
Following the last several Fourth of July holiday seasons, residents have complained about the
negative impacts associated with the discharge of fireworks in the City. The Council asked the
City's Parks and Recreation Commission to review the complaints and in coordination with staff
and members of the police department make recommendations to the Council.
On May 16, 2005 the Commission chairman presented the Commission's recommendations to
the Council. The Council then directed staff and the City Attorney to prepare an urgency
ordinance reflecting the recommendations.
The proposed ordinance provides numerous regulatory alternatives for the Council to consider
ranging from an absolute ban on the discharge of fireworks on all public property, including
streets, sidewalks and city parks to imposing a permit regulatory charge to generate revenue to
offset the costs associated with post Fourth of July clean-up and repair.
The proposed ordinance is an urgency ordinance. California Government Code section 36937
authorizes the City to adopt an urgency ordinance which takes effect immediately upon its
adoption when the council makes certain findings and adopts the ordinance by a 4/5 vote.
In order to adopt an urgency ordinance the Council must find that there is an immediate threat
to health, safety and welfare. Based upon the findings and recommendations of the
Commission, reports provided by the police department and testimony of the City's Acting
Police Chief the City Attorney advises the Council that the urgency health and safety findings
can be made by the Council.
The proposed ordinance contains the following provisions and significant changes:
1. Section 30-10(a): Fireworks may be discharged on July 1, 2, 3, and 4 in all residential zones
and in the City's parks. The revisions would limit the discharges to July 4 only and would
prohibit the discharge of fireworks on ALL public property, including on sidewalks, parkways,
streets and parks.
2. Section 30-103(d): Currently prohibits the discharge of fireworks north of Sierra Madre with
the exception of numerous residential streets, including as a partial list, for example, Avenida
Della Suerta, Calle De Las Estrellas, Lori Ann Avenue, Sunset Avenue, Bancroft Street, Hilltop
Drive, Channing Street, and Circle Dell Drive. The revised ordinance would impose an absolute
ban on all properties north of Sierra Madre.
3. Section 30-134(a): Currently permits the sale of fireworks from noon on June 30 to 12:01am
on July 5. The proposed ordinance would require that no sales be made after 11:00pm on July
4'h to reduce the number of fireworks available to be discharged after midnight on July 4.
4. A new Section 30-135 is proposed to impose a regulatory permit fee of 2% of gross sales of
safe and sane fireworks. The revenue generated can be used for education and clean-up
activities proposed by the Parks and Recreation Commission. The amount has not been
discussed among staff and is only a recommendation based upon a similar fee recently
imposed in the City of Fontana.
Given the short period of time available to prepare this proposed ordinance for the Council's
consideration the proposed provisions were not discussed by all the involved parties. The
ordinance was prepared by the City Attorney based upon Council comments at the May 16,
2005 Council meeting.
If the Council desires to amend the proposals, add additional regulations or seek additional
input from the police department and Parks and Recreation Commission before proceeding with
adoption of the ordinance, Council may give such direction and ask that a revised urgency
ordinance be presented at the next regularly scheduled Council meeting in June.
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY OF AZUSA,
CALIFORNIA, AMENDING CHAPTER 30 OF THE AZUSA
MUNICIPAL CODE CONCERNING THE REGULATION
OF THE SALE AND DISCHARGE OF FIREWORKS
WITHIN THE CITY OF AZUSA
WHEREAS, the last several Fourth of July holiday seasons has resulted in fire
related property damage and personal injuries in the City; and
WHEREAS, the Azusa Police Department has reported that the legalization of
safe and sane fireworks contributes to the discharge of the more dangerous and noise -impacting
illegal fireworks; and
WHEREAS, the City Council has asked the City's Park and Recreation
Commission to review the fireworks issues, including the safety and property damage aspects;
and
WHEREAS, the Commission in conjunction with the Azusa Police Department
has made several safety related recommendations to the Council; and
WHEREAS, the costs of regulating, policing and cleaning up fireworks are
significant and require the reallocation of resources; and
WHEREAS, California Government Code Section 36937 empowers cities to
adopt, by four-fifths vote, an urgency ordinance, which is necessary for the immediate
preservation of the public peach, health or safety; and
WHEREAS, the adoption of this Ordinance is necessary to promote the
immediate preservation of the public peace, health and safety to reduce the incidents of injuries
and property damages.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF AZUSA DO
ORDAIN AS FOLLOWS:
SECTION 1. The following sections of Chapter 30, Article IV, Division 1, of the
Azusa Municipal Code are hereby amended as follows:
"Section 30-103(a). Except as provided in this article, annually on July 4 only,
safe and sane fireworks may be discharged on private property in the City's residential zones
only. Notwithstanding the permitted zones, no person shall discharge fireworks on any publicly
owned properties, including parks, sidewalks, parkways or streets."
"Section 30-103(d). No fireworks may be discharged on any property located
north of Sierra Madre Avenue."
"Section 30-134(a). The permit required in this division shall authorize the sale
of safe and sane fireworks beginning at 12:00 noon on June 30 and ending at 11:00 pm July 4."
SECTION 2. A new section 30-135 shall be added to read as follows:
"Section 30-135. Regulatory permit fee. There shall be a regulatory permit fee
imposed upon all organizations and people selling safe and sane fireworks within the city. The
fee shall be two percent of gross sales, but not less than $50.00, and shall be paid to the City (no
postmarks allowed) on or before July 10 of each year. If July 10 falls on a day City Hall is
closed, then the due date defaults to the next day City Hall is open. Payments received after the
due date will incur a 20% late fee on all amounts due to the City.
SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase added by this Ordinance, or any part thereof, is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any
part thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that
any one ore more subsections, subdivisions, paragraphs, sentences, clauses or phrases are
declared unconstitutional, invalid or ineffective.
SECTION 4. This urgency Ordinance is enacted pursuant to Government Code
Section 36937 for the immediate protection of the public peace, health and safety. This
Ordinance shall take effect immediately upon its adoption.
SECTION 5. The City Clerk shall certify the adoption of this ordinance and
shall cause the same to be posted as required by law.
PASSED, APPROVED AND ADOPTED this day of
2005.
Diane Chagnon, Mayor
ATTEST:
Vera Mendoza, City Clerk
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 duly introduced and placed upon its first reading at a
regular meeting of the City Council on the day of , 2005, and that
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council
on the day of , 2005, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT:COUNCILMEMBERS:
Vera Mendoza
City Clerk
APPROVED AS TO FORM:
City Attorney
LA
AGENDA ITEM
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOSEPH F. HSU, INTERIM CITY MANAGER,,,,,,
DATE: MAY 23, 2005
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH MATHIS &ASSOCIATES FOR
RECRUITMENT SERVICES.
RECOMMENDATION
It is recommended that the City Council waive formal purchasing requirements and approve
Professional Services Agreement and proposal by Mathis &Associates for recruitment services
for positions of Finance Director and Community Development Director.
BACKGROUND
Attached proposal has been received from Mathis &Associates for recruitment of qualified
candidates for the positions of Finance Director and Community Development Director.
Mathis &Associates has extensive recruitment background for executive positions with
numerous city governments throughout the state and has agreed to the terms and conditions
of the City's standard Professional Services Agreement. Although our Azusa Municipal Code
requires that professional services above $10,000 be solicited through a formal request for
qualifications process, there is urgency to fill the vacant positions and it is therefore
recommended that the formal purchasing process be waived and the Professional Services
Agreement with Mathis &Associates be approved in the amount of $24,000.
FISCAL IMPACT
The cost is $10,000 per recruitment, plus expenses not -to -exceed 20% or $2,000 per
recruitment; costs for two recruitments are not -to -exceed $24,000. Thirty-three percent of
the funding for this total will be transferred into account 10-50-921-000-6399 from salary
savings realized in fund 10, and sixty-seven percent of the funding will come from salary
saving realized in the Redevelopment Agency Budget in fund 80.
Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities
Azusa Proposal -
Math's.doc
►!1�(r�,l►fir�1i111Ir ��1ss,"'s(I)d cJititi ,ss
3435 Valle Verde Dr., Napa, CA 94558
707/252-2151 — 707/252-1349 Fax — 707/333-2095 Cell
DrBillMathisna sbcglobal.net — www.MathisAssociates.com
May 15, 2005
TO: Joe Hsu, Interim City Manager
City of Azusa
FROM: William Mathis, Ph.D.
Management Consultant
RE: Recruitment of Community Development Director
and Finance Director
At the request of newly selected City Manager, Fran DeLach, I am submitting a
time -sensitive proposal to recruit and assist Mr. DeLach in hiring a new Finance
Director and a Community Development Director for the City of Azusa. Having
recently recruited in both these areas, I can suggest that current salaries within
the Azusa pay grades are not sufficient to hire top quality directors to team up
with the City's new City Manager.
I recommend the following contract terms:
Features/Activities:
a) As time is very important to cleaning up backlog and getting projects
moving for City Council members, the directed recruitment of candidates
will start immediately and we will be prepared to begin seeing candidates
in June -July.
b) Consultant will provide 3-5 qualified applicants for meeting the City
Manager's requirements — for traits and best fit with his new style and
results oriented Team;
c) Screen applicants, provide management profiles, and set process for
interviewing candidates with the City Manager or panel;
Recruitment of Community Development Director and Finance Director - City of Azusa
d) Set hiring schedule on a premium, short term schedule of 3o -6o days for
providing quality finalists;
e) Consultant to do back -grounding of final candidate;
f) Reduced cost of $20,000 for both recruitments and expenses not to
exceed 20% ($4000);
g) Retainer - $7500, to begin the work
Diane Chagnon, Mayor
R. tyd& «. HAM4
R. William Mathis, Ph.D.,
Consultant
Cc: Fran DeLach, City Manager
Sonia Caravalho, City Attorney
www.MathisAssociates.com
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