HomeMy WebLinkAboutAgenda Packet - March 15, 2004 - CC AGENDA
CITY COUNCIL, AND THE
REDEVELOPMENT AGENCY
AZUSA AUDITORIUM MONDAY, MARCH 15, 2004
213 EAST FOOTHILL BOULEVARD 6:30 P.M.
AZUSA CITY COUNCIL
CRISTINA C. MADRID
MAYOR
DIANE CHAGNON IOSEPH R. ROCHA
COUNCILMEMBER MAYORPRO-IEMPORE
DICK STANFORD DAVE HARDISON
COUNCILMEMBER COUNCILMEMBER
1. CEREMONIAL
A. Presentation of Proclamation proclaiming April - 2004, as a Cleaner, Greener and More
Beautiful Month.
11. CLOSED SESSION
A. CONFERENCE WITH (LEGAL COUNSEL-EXISTING LITIGATION (Gov. Code Sec.54956.9 (a)).
Res-Care, Inc., v. City of Azusa, Case No.: Los Angeles Superior Court No. KC040062
B. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION (Gov. Code Sec. 54956.9(a)
City of Azusa v. Simic.h, Case No.: Los Angeles Superior Court No. KC041085.
C. CONFERENCE WITH LEGAL COUNSEL- POTENTIAL LITIGATION (Gov. Code Sec. 54956.9
(b))- One Case - Concerning threatened Brown Act litigation by Azusans for Responsible
Growth
7:30 p.m. - Convene to Regular Meeting of the City Council. '
• Call to Order
• Pledge to the Flag
• Invocation - Pastor Raul Bulfa of Holy Place Church.
• Roll Call
Ill. PUBLIC PARTICIPATION
PersonlGroup sha//be allowed to speak withoutinterruption 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 handled alter the speaker has completed his/her
comments. Public Participation will be limited to sixty (60) minutes.
A. Ms. Patricia Hanks, Executive Director of the Miss Azusa Scholarship Program, to introduce the
contestants for the Miss Azusa Scholarship Pageant members of the Miss Azusa Committee.
B. Ms. Suzanne Avila to make the following announcements: Think River! Gladstone High
School/Project FAST, and Charter Cable Public Service Announcement.
IV. REPORTS, UPDATES, PENDING ITEMS AND ANNOUNCEMENTS FROM COUNCIL AND STAFF
A. Selection of a Mayor Pro Tempore. Resolution No. 97-051 , establishes the selection of
criteria and a term for the Mayor Pro-Tem. A successor Mayor Pro-Tem shall serve from March
to March of each year and a new successor shall be selected on the third Monday in March in
even numbered years and the second Tuesday in March in odd numbered years.
Recommendation: Appoint Councilmember Stanford as Mayor Pro-Tem for the year.
B. Councilmember Rocha - Request for $100 to sponsor Foothill Cheerleaders (Foothill Middle
School) toward the purchase of uniforms.
C. Councilmember Chagnon - FY2005 Budget Scenarios discussion.
D. City Attorney - Resolution concerning the City Council's desire to hold a Special Election.
Recommendation: Waive further reading and adopt Resolution No. 04-C21, concerning the
City Council's desire to hold a Special Election to allow the voters of the City of Azusa to vote
on the Monrovia Nursery Project.
"monrovia nursery
reso.doc"
03/15/04 PAGE TWO
A'
V. SCHEDULED ITEMS
7 A. PUBLIC HEARING —on the Gateway to the American Dream: City of Azusa General Plan and
General Plan and Development Code Draft Environmental Impact Report. Recommendation:
Conduct the Public Hearing, receive public testimony on Chapters 1, 2, &3, and continue the
public hearing to April 5, 2004, for further discussion on Chapters 4 and 5 and the Draft
Environmental Impact Report.
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"GENERAL PLAN
STAFF REPORT.doc"
B. 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 April 19,
2004.
VulcanCUPconTinuan
ce.doc
C. Resolution Waiving Garage and Yard Sale Permit Fees for the Last Weekend of April 2004 —
Azusa Clean and Green Month. Recommendation: Waive further reading and adopt
Resolution No. 04-C22, waiving Garage and Yard Sale Permit fees for the last weekend of April
2004, in conjunction with "Azusa Clean and Green Month".
194-1 I'D
"CLEAN AND GREEN "CLEAN AND GREEN
MONTH STAFF REPO RE SOLLMON.doc"
D. Resolution Revoking the Business License to Operate the Last Chance Saloon at 832 N.
Azusa Avenue. Recommendation: Waive further reading and adopt Resolution No. 04-C23,
revoking the Business License for the 'Last Chance Saloon' at 832 N. Azusa Avenue.
l ®1_�--`- ® In
'T
CHANCE "LAST CHANCE "LAST CHANCE RESC "LAST CHANCE
STAFF REPORT.DOC LETTER.doc" ATTACH" RESOLUTION ATTAC
E. Introduction and First Reading of Ordinance amending Chapter 34 of the Azusa Municipal
Code Concerning, Health and Sanitation Regulations. Recommendation: Waive further
reading and introduce the Ordinance amending Chapter 34 of the Azusa Municipal Code
concerning Health and Sanitation regulations.
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"FOOD "FOOD
ESTABLISHMENT STI ORDi:NANCE.doc"
03/15/04 PAGE THREE
VI. 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 CALL ITEMS.
A. Approval of Minutes. Recommendation: Approve minutes as written.
CndMinMarl.doc
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).
"HR AMON
rrEMS.doc" -
C. Dedication of Five-Feet of Property to the City of Azusa From 720 North Todd Avenue.
Recommendation: 1)Accept dedication of five feet of frontage from 720 North Todd Avenue,
2) Approve accompanying Resolution, and 3) Direct the City Clerk's Office to record the Grant
Deed.
®�-1
"720 TODD AVENUE
DEDICATION.DOC"
D. Notice of Completion for the Memorial Park Restroom Project as Completed by 4-Con
Enkneering, Recommendation: Accept the project as complete, approve the Notice of
Completion for the Memorial Park Restroom project as completed by 4-Con Engineering, in
the amount of $342,743.38, pay the 10% retention to the contractor and authorize it's
recordation.
"RESTROOM STAFF
REPORT.doc"
E. Lump Sum Option for Health Insurance During Retirement. Recommendation: 1) Authorize
the payment of $209,554 to Captain Karen Pihlak in accordance with the Azusa Police
Management Association, section 22.2.1 for the lump sum option for health insurance during
retirement; and 2) approve a budget appropriation of $209,544 from the unappropriated
General Fund to budget orgkey # 10-90-000-000-6133.
pihlakdoc
03/15/04 PAGE FOUR
F. Consideration of a Support Position for a New Library Bond Act (SB 1 161) to be Presented to
California Voters in November 2004. Recommendation: Adopt a support position on SB
1161 (California Reading and Literacy Improvement and Public Library Construction and
Renovation Bond Act of 2004) and authorize the Mayor to send a letter of support to the Chair
of the Senate Education Committee before the March 24, 2004, Hearing.
Lai® ®��M-_*
"SB 1161 STAFF "SB 1161 TEXT.doc"
REPORT.doc"
G. Resolution Authorizing Payment of Warrants by the Clty. Recommendation: Adopt
Resolution No. 04-C2.4.
CONVENE JOINTLY WITH THE REDEVELOPMENT AGENCY TO CONSIDER THE FOLLOWING JOINT
CONSENT CALENDAR ITEM:
VII. IOINT CITY/AGENCY CONSENT ITEM
A. Making Certain Findings with Respect to the Use of Redevelopment Agency Funds for the
Acquisition of Real Piroperty for the Library Project: and Approving a Bud-get Amendment.
Recommendation: Adopt Resolution No. 04-C25, titled `Making Certain Findings Under
Health And Safety Code Section 33445 With Respect To The Use Of Redevelopment Agency
Funds For The Acquisition Of Real Property For The Library Project"; and the Board approve the
attached budget amendment for FY 2003/04.
La! RE
"LIBRARY LOAN "LIBRARY LOAN
FROM REDEVELOPMI FROM REDEVELOPMI
CITY COUNCIL TO RECESS .AND REDEVELOPMENT AGENCY TO CONTINUE.
VIII. REDEVELOPMENT AGENCY CONSENT CALENDAR
The Consent Ca/endaradoptingtheprintedrecommendedactions 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.
RedevMarchl.doc
03/15/04 PAGE FIVE
B. Approval of Relocation Benefit Payments to the Tenants Residing at 716 N. Dalton for the
Proposed Library Project. Approve relocation benefit payments to the two tenants residing at
716 N. Dalton Avenue in an amount not to exceed $85,275. t
®R
"716 N. DALTON
RELOCATION STAFF
C. Settlement Agreement with Mr. and Mrs Susimo De Guzman Regarding the Properly Located
at 410 N. Alameda Avenue to (ROP #4). Approve the settlement agreement and authorize
execution and disbursement of funds.
IRI C
"ROP 4 SETTLEMENI "ROP 4 SETILEMENI
AGREEMENT STAFF I AGREEMENT.doc"
D. Approval of a Loan From Azusa Light and Water for the Talley Building Redevelopment
Project Located at 619-621 North Azusa Avenue. Recommendation: Adopt Resolution No.
04-R8, requesting a Loan from the Azusa Light and Water for the redevelopment of the Talley
Building. Further, approve execution of the promissory note by the Chairperson.
C 9-
"L&W LOAN FOR "L&W LOAN FOR
TALLEY STAFF REPOI TALLEY RESOLLMOP
E. Resolution Authorizing Payment of Warrants by the Agency. Recommendation: Adopt
Resolution No. 04-119.
"Redev WR#15.pdf"
DC ADJOURNMENT
A. Adjourn to Monday, March 22, 2004 at 7:30 p.m. or immediately following the Utility Board
meeting, at the Azusa Light and Water Department Conference Room in order to conduct a
workshop on Results Based Budgeting. Further, adjourn that meeting to Monday, March 29,
2004, at the Light and Water Conference Room in order to conduct a workshop on the General
Plan and then adjourn to Tuesday, March 30, 2004, at 6:00 p.m. at the Azusa Unified School
District Office, Professional Development Center Building, entrance off Gladstone, in order to
conduct a joint workshop with the Azusa School Board.
In compliance with the Americans with Disabilities Act, ifyou need special assistance to participate
in a city meeting please contact the City Clerk at 626-812-5229. 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.
03/15/04 PAGE SIX
i
10
AZUSA
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JULIE A. GUTIERREZ, DEPUTY CITY MANAGER
VIA: RICK COLE, CITY MANAGER /QQ )
DATE: March 15, 2004
SUBJECT: LUMP SUM OPTION FOR HEALTH INSURANCE DURING RETIREMENT
RECOMMENDATION
It is recommended that the City Council:
1. Authorize the payment of $209,554 to Captain Karen Pihlak in accordance with the Azusa Police
Management Association, section 22.2.1 for the lump sum option for health insurance during
retirement; and
2. Approve a budget appropriation of $209,554 from the unappropriated General Fund to budget
orgkey # 10-90-000-000-6133.
BACKGROUND
As stated in the Memorandum of Understanding between the City of Azusa and the Azusa Police
Management Association, 22.2.1 a retiring employee has the option to receive in a lump sum the present
value of his or her health insurance during retirement in lieu of receiving monthly health insurance coverage.
The City retained an actuary, Mary Paull, to perform the present value calculation. His value came to
$ 209,554. City staff met with the employee and both are in agreement with Mr. Paull's result.
FISCAL IMPACT
The source of funding for this budget amendment is unappropriated balance from the General Fund.
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AZUSA.
AGENDA ITEM
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: ROBERT PERSON, ASSISTANT CITY MANAGER
VIA: RICK COLE, CITY MANAGER I24C‘
DATE: MARCH 15, 2004
SUBJECT: RESOLUTION WAIVING GARAGE AND YARD SALE PERMIT FEES
FOR THE LAST WEEKEND OF APRIL 2004 -AZUSA CLEAN AND
GREEN MONTH
RECOMMENDATION
Adopt the attached Resolution waiving Garage and Yard Sale Permit fees for the
last weekend of April 2004, in conjunction with "Azusa Clean and Green
Month".
BACKGROUND
In celebration of Earth Day, the City of Azusa has celebrated the month of April
as a time for the city to actively participate in Earth Day events by supporting a
theme of renewal, conservation, and spring-cleaning. This year the month of
April is being proclaimed "Azusa Clean and Green Month". In conjunction with
this celebration a number of events are being planned, and include; clean-up of
city facilities, tree planting, alley clean-up, a hazardous waste drop-off event,
free towing and disposal of junk vehicles, plant and paint giveaways, and the
opening of a Compressed Natural Gas Refueling Facility.
In order to extend this event across the city and allow greater resident
participation, staff is requesting that the City Council waive garage and yard
sale permit fees for the last weekend of April. The requested waiver would be
for the fee only, and would not authorize the conduct of garage and yard sales
without first obtaining a permit, or allow additionalyard sales beyond those
provided for in the municipal code. Residents are currently allowed to conduct
two (2) yard sales per calendar year, and Senior Citizens are allowed one (1)
per month.
FISCAL IMPACT
Last year approximately 28 garage and yard sales were conducted. If a similar
number of sales occur this year the fee waiver would cost sap. �►ximatel
$560.00 based on the $20.00 permit fee. , 3 ����
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF AZUSA WAIVING
GARAGE OR LAWN SALE PERMIT FEES
FOR RESIDENTS THE LAST WEEK-END
OF APRIL, 2004, IN CONJUNCTION WITH
"AZUSA CLEAN AND GREEN MONTH"
WHEREAS, the Azusa City Council proclaimed and declared that the
month of April, 2004, is "Azusa Clean and Green Month Month"; and
WHEREAS, it is the City Council's goal to facilitate city-wide efforts to
help neighborhoods, and residents renew their commitment to home, and neighborhood
values with the advent of Azusa Clean and Green Month; and
WHEREAS, the conduct of a garage or yard sale to clear homes of cast-
off items, or items no longer needed or used, is a means of disposing of these items; and
WHEREAS, Azusa Municipal Code, Article VIII, Section 18-531,
establishes a permit requirement for residents to conduct garage or lawn sales, and the
payment of a fee as provided for and set forth in Division 3 of Article VI of Chapter 2 of
the Azusa Municipal Code; and
WHEREAS, the City Council is desirous of allowing residents within the
city to participate in Azusa Clean and Green Month by waiving garage and yard sale
permit fees on the last weekend in April, 2004.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF AZUSA AS FOLLOWS:
SECTION 1. The garage and yard sale permit fee as provided for in
Azusa Municipal Code, Article VIII, Section 18-531, shall be suspended for all
residential garage and yard sales on April 23rd, 24th, and 25th, 2004.
SECTION 2. Nothing in this Resolution shall authorize additional
garage or lawn sales beyond those provided for in Section 18-532 Azusa Municipal Code.
SECTION 3. Nothing in this Resolution shall suspend the requirement
for the acquisition and possession of a permit for the garage or yard sale.
SECTION 4. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this 15th day of March, 2004.
MAYOR
. Irr 0
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AZUSA
AGENDA ITEM
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: DAVE RUDISEL, COMMUNITY IMPROVEMENT MANAGER
VIA: ROY E. BRUCKNER, COMMUNITY DEVELOPMENT DIRECTOR
VIA: RICK COLE, CITY MANAGER
DATE: MARCH 15, 2004
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE
AMENDING CHAPTER 34 AZUSA MUNICIPAL CODE
CONCERNING HEALTH AND SANITATION REGULATIONS
RECOMMENDATION
It is recommended that the City Council waive further reading and introduce
the Ordinance amending Chapter 34 Azusa Municipal Code concerning Health
and Sanitation regulations.
BACKGROUND
At the March 1, 2004, City Council meeting, staff was directed by the Council
to prepare an ordinance adopting the Los Angeles County Health Department
Restaurant Grading System. The proposed amendment would adopt Division 1
of Title 8 (Public Health Licenses) and Division 1 of Title 11 (the Health Code)
of the Los Angeles County Code, along with all amendments in effect on
October 18, 2000. Adoption of the ordinance would repeal the 1975 edition of
the Los Angeles County Health Code and replace it with the 2000 version. The
proposed amendment would also delete Article II of Chapter 34 commencing
with Section 34-36 of the Azusa Municipal Code dealing with "Food
Establishments". This latter change is necessary to eliminate contradictive
language and definitions that would be recodified under the proposed
amendment.
The necessary language dealing with food establishment "Grading" is contained
in Division 1, of Title 8, Section 8.04.225 and reads as follows:
'M. 'Grading' means the letter grade issued by the county health
officer at the conclusion of the routine inspection, and/or
reinspection in the event a timely request for reinspection has .�
been filed, of a food establishment. The grade shall be based / 0
upon the scoring method set forth in this section resulting from
the Food Official Inspection Report and shall reflect the food
establishment's degree of compliance with all applicable federal,
state and local statutes, orders, ordinances, quarantines, rules,
regulations, or directives relating to the public health.
B. 'Letter Grade Card' means a card that may be posted by the
county health officer at a food establishment upon completion of
a routine inspection, and/or reinspection in the event a timely
request for reinspection has been filed, that indicates the letter
grade of the establishment as determined by the county health
officer using the scoring method set forth in this section. For the
purposes of this provision, a food establishment shall include a
food establishment operating in conjunction with a food
processing establishment. Upon completion of a routine
inspection of a food establishment, the county health officer shall
advise the owner or operator thereof, in writing, of the actual
grading and basis therefor as determined by the health officer.
The Letter Grade Card shall be immediately posted by the health
officer and shall remain posted unless and until reinspection is
timely requested as provided herein. If reinspection is timely
requested, posting shall be immediately suspended pending
regrading following the reinspection. Nothing in this chapter shall
prohibit the county health officer from creating, posting or
otherwise using an Inspection Score Card in combination with a
Letter Grade Card. The county health officer, in his discretion,
shall determine whether to post the Inspection Score Card, the
Letter Grade Card, or both.
C. The county health officer, in his discretion, may immediately
close any food establishment which, upon completion of the
routine inspection, does not achieve a "C" grade as defined
herein. Nothing in this provision shall prohibit the county health
officer from immediately dosing any food establishment if, in his
discretion, immediate closure is necessary to protect the public
health.
D. The letter grade shall be based upon the final numerical
percentage score set forth in the food official inspection report, as
follows:
I. A grade of "A" shall indicate a final score of ninety
percent (90%) or higher as determined by the county
health officer;
2. A grade of "B" shall indicate a final score less than
ninety percent(90%) but not less than eighty percent
(80%) as determined by the county health officer;
2
3. A grade of "B" shall indicate a final score less than
ninety percent (90%) but not less than eighty percent
(80%) as determined by the county health officer "
[Italics Added]
FISCAL IMPACT
Adoption of Division 1 of Title 8 (Public Health Licenses) and Division 1 of Title
11 (the Health Code) of the Los Angeles County Code, along with all
amendments in effect on October 18, 2000, will have little or no fiscal impact
on City of Azusa operations, such as the Senior Center. Any fees charged and
collected by the Health Department would be retained by the county.
Attachment: Proposed ordinance amendment
3
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AZUSA,
CALIFORNIA,AMENDING CHAPTER 34,ARTICLE
I, SECTION 34-1 OF THE AZUSA MUNICIPAL
CODE CONCERNING HEALTH AND SANITATION
REGULATIONS BY DELETING THE EXISTING
SECTION 34-1 AND ADOPTING DIVISION 1,
TITLES 8 AND 11 OF THE LOS ANGELES COUNTY
CODE IN ITS PLACE, AND DELETING CHAPTER
34,ARTICLE II OF THE AZUSA MUNICIPAL CODE
CONCERNING FOOD ESTABLISHMENTS IN ITS
ENTIRETY
THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 34, Article I, Section 34-1 of the Azusa Municipal
Code, entitled Health Code Adoption is hereby deleted in its entirety and amended to
read as follows:
Sec. 34-1. Health Code Adoption.
Division 1 of Title 8(Public Health Licenses) and Division 1 of Title 11 (the Health Code)
of the Los Angeles County Code, as amended and in effect on October 18, 2000, are
hereby adopted and incorporated by reference as if set forth in full herein, and shall
henceforth collectively be known as the Health Code of the City of Azusa.Three copies of
the Health Code are on file in the office of the City Clerk.
SECTION 2. Chapter 34, Article II, of the Azusa Municipal Code, entitled
Food Establishments is hereby deleted in its entirety.
PASSED,APPROVED AND ADOPTED this_Day of , 2004.
CRISTINA CRUZ-MADRID,MAYOR
ATTEST:
VERA MENDOZA, CITY CLERK
1