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HomeMy WebLinkAboutMinutes - May 23, 2005 - CCCITY OF AZUSA MINUTES OF THE ' SPECIAL MEETING OF THE AZUSA CITY COUNCIL MONDAY, MAY 23, 2005 - 8:52 P.M. The City Council of the City of Azusa met in regular session, at the above date and time, in the Azusa Light and Water Department Conference Room, located at 729 N. Azusa Avenue, Azusa, California. Mayor Chagnon called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present 'City Attorney Carvalho, Director of Utilities Hsu, Assistant to the Utilities Director Kalscheuer, Assistant Director of Resource Management Tang, Assistant Director of Water Operations Anderson, Assistant Director of Customer Care and Solutions Vanca, Administrative Technician Yang, Senior Electrical Engineer Langit, City Clerk Mendoza. AGENDA ITEMS Agenda Item: Mayor Chagnon addressed item regarding proposed Urgency Ordinance detailing the history of Dis Urg Ord the issues regarding safe and sane fireworks as well as the problems with illegal fireworks and the Fireworks impacts it has on the community. She stated that last year Council directed the Recreation and Family Services Department to look into the above noted issues. She cited recommendations from Parks and Recreation Commission and Recreation and Family Services Department as follows: Public Information and Education, funding efforts, enforcement, Council direction and support of Zero Tolerance, increased fines, parent education, accountability, amendment to Azusa Municipal Code via ordinances, etc. City Attorney Martinez addressed the issue detailing the difference between an urgency ordinance City Attorney and a regular ordinance. He addressed the proposed urgency ordinance noting four significant Martinez changes as follows: Section 30-10(a), Limit the discharges to July 4th only and would prohibit the Proposed discharge of fireworks on ALL public property, including on sidewalks, parkways, streets and Urgency parks. Section 30-103(d), Ordinance would impose an absolute ban on all properties north of Ordinance Sierra Madre. Section 30-134(a) Would require that no sales be made after 11:00 pm on July 4' Fireworks to reduce the number of fireworks available to be discharged after midnight on July 4. Section 30- 135, a new section is proposed to establish a regulatory permit fee imposed upon all organization and people selling safe and sane fireworks within the city by separate resolution so that the revenue generated can pay for activities related to 4`h of July matters. The amount has not been discussed among staff and is only a recommendation. He requested Council direction regarding the proposed items listed above. Mayor Pro -Tem Hardison advised that he is okay with booths being open for 4 days, i.e. July 1, 2, Hardison 3, and 4th. He requested a set amount of fee for each booth which is fair to all, and he would like Comments the booths closed at 9 p.m. on July 4th. Councilmember Hanks questioned the nexus between the proposed ordinance and illegal Hanks fireworks and It was clarified that most items dealt with legal fireworks and away to curve Issues. Comments PUBLIC PARTICIPATION Pub Part Mr. Frank Cranes addressed Council requesting information regarding setbacks, and changes with F. Cranes the adoption of the new Development Code as he is preparing to build an above ground spa -self Dev Code contained. He was advised that the item will be discussed later in the meeting. Setbacks Susie Bernett, Greg Ahern - Booster President of Sports Activities at Azusa High, Laura Betrill — Comments Executive Board member of Band Boosters at Azusa High, Susie Macano — President of Band By Local Boosters at Azusa High, Addressed Council expressing their opposition to some of the items Organization: proposed on the fireworks urgency ordinance. Specifically they objected to the limit on fireworks Re: Firework booths operation from four days to one day, imposition of fees; they noted that this will cause a Booths loss of profits for each of their organizations. Club Mr. Jorge Rosales expressed concern regarding the lack of a formal bidding process for purchase J. Rosales of certain items. Comments Mr. Rick Gibson, President of the Democratic Club addressed Council detailing background of his R. Gibson organization stating that it is a non-profit status, disagreeing with IRS who have stated that they President fall under section 527; he stated that they are wrong and noted that he has currently applied for Democratic registration for exemption. He noted all the contributions the organization has donated in the Club past to residents, etc. He requested that he be allowed to have a fireworks stand so that he may have money for scholarships. Staff noted that the application for fireworks booth was April 1, 2005. Mr. Gary Keys with Blockbuster Fireworks addressed Council stating that he is there to answer G. Keys questions regarding the issue and further that he had met with the Parks and Recreation Blockbuster Commission and staff to address the matter. He responded to questions posed by Mayor Fireworks Chagnon regarding educational campaign, to help keep legal fireworks and not buy illegal fireworks. He talked about creating flyers, brochures and working with staff to come up with ideas. Proposed Urgency Ordinance Regulating the Discharge of Safe and Sane Fireworks and Proposed Extending the Application Period for Fireworks Permits for Fireworks Permits for Five Working Urgency Days on a first -Come, First -Serve Basis Up to the Limit of Permits Authorized for Issuance Ordinance 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. Each Councilmember commented on the proposed ordinance and Its provisions and significant Council changes; they also discussed ideas for addressing illegal fireworks. Comments Acting Chief of Police Garcia addressed the issue providing information regarding last year 4`h of Acting Chief July, which the Police Department had a strong pro -active enforcement and pointing out that on Garcia the 4'h of July Police Officers are handling all calls, which increases the need for additional Comments coverage. He noted that lighting fireworks in streets and parks are safer, rather than close to July 4th homes and structures. He talked about the process of trying to identify/seize people lighting illegal fireworks and offered other comments regarding issues that arise on that holiday. Discussion was held regarding the proposed urgency ordinance and the practicality of adopting Discussion the provisions at this time or for next years Fourth of July. The following was consensus of Fireworks Councilmembers: Section 30-10(a): Fireworks may be discharged on July 1,2,3, and 4 in all Ordinance residential zones and in the City's parks was left active and unchanged. Moved by Mayor Pro -Tem Hardison, seconded by Councilmember Rocha and carried that Section Change Sec. 30-103(d) be changed to impose an absolute ban on all properties north of the center line of 30-103(d) Sierra Madre. Councilmember Hanks dissenting. Moved by Councilmember Carrillo, seconded by Mayor Pro -Tem Hardison and unanimously Change Sec. carried to that Section 30-134(x) that the sale of fireworks be beginning at 12:00 noon on July I 30-134(a) and end at 9:00 p.m. on July 4'. It was consensus of Councilmember that no action be taken regarding proposed new section to New Section be added, Section 30-135, Regulatory Permit Fee, but that staff be directed to come back with To be new language regarding a legal way to have wholesalers contribute to a fund to be used for brought back education and cleanup. It was also consensus that the proposed ordinance regarding Fireworks No Urgency not be considered "urgency", but will be in effect by Fourth of July season, 2006. Ordinance 05/23/05 PAGE TWO After discussion and clarification it was moved by Mayor Pro -Tem Hardison, seconded by Councilmember Hanks and unanimously carried to approve Professional Services Agreement and proposal by Mathis & Associates for recruitment services for positions of Finance Director and Community Development Director. THE CITY COUNCIL AND UTILITY BOARD CONVENED JOINTLY TO CLOSED SESSION Clsd Sess Recessed to Closed Session at 10:44 p.m. Recess REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property: 100W. Foothill Boulevard, Azusa 91702 City Negotiators: Interim City Manager Hsu and Assistant City Manager Person Under Negotiation: Price and Terms of Payment Reconvened at 11:05 p.m. Reconvened City Attorney Martinez advised that there was no reportable action taken in Closed Session. City Attny Comments It was consensus of Councilmembers to adjourn. Adjourn TIME OF ADJOURNMENT: 11:06 P.M. SECRETARY NEXT RESOLUTION NO. 05-051. 05/23/05 PAGE THREE Extension Moved by Councilmernber Rocha, seconded by Councilmember Carrillo and unanimously carried Application to approve the extension of the application period for fireworks permits for five working days, on Period 5 day: a First-come, first -serve basis up to the limit of permits authorized for issuance under the current ordinance. Staff Rpts STAFF REPORTS/COMMUNICATIONS S. Hightower Report on Development Code, Setbacks for Pools and Alternatives. Economic Development Comments Director Hightower addressed the issue regarding the 10 foot setback for pools and provided the following alternatives: initiat&a Code Amendment which would take about three months, require the applicant to submit a variance which would take about two months, get a directors Interpretation of that section of the code as there are conflicts with requirements for accessory for pools, decks, etc. she stating that they would allow a five foot setback for pools 'structures interpretation and that it would stand until they get the clean up ordinance. Moved by Mayor Pro -Tem Hardison, seconded by Mayor Chagnon and unanimously carried to Staff direct staff to proceed as noted by Ms. Hightower. Discussion was held regarding state Direction requirements for pool setback of 3 feet versus city. After discussion and clarification it was moved by Mayor Pro -Tem Hardison, seconded by Councilmember Hanks and unanimously carried to approve Professional Services Agreement and proposal by Mathis & Associates for recruitment services for positions of Finance Director and Community Development Director. THE CITY COUNCIL AND UTILITY BOARD CONVENED JOINTLY TO CLOSED SESSION Clsd Sess Recessed to Closed Session at 10:44 p.m. Recess REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Property: 100W. Foothill Boulevard, Azusa 91702 City Negotiators: Interim City Manager Hsu and Assistant City Manager Person Under Negotiation: Price and Terms of Payment Reconvened at 11:05 p.m. Reconvened City Attorney Martinez advised that there was no reportable action taken in Closed Session. City Attny Comments It was consensus of Councilmembers to adjourn. Adjourn TIME OF ADJOURNMENT: 11:06 P.M. SECRETARY NEXT RESOLUTION NO. 05-051. 05/23/05 PAGE THREE