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HomeMy WebLinkAboutAgenda Packet - April 28, 2008 - UB0 i k AGENDA i 1 REGULAR MEETING OF j AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL i AZUSA LIGHT & WATER 729 N. AZUSA AVENUE AZUSA, CA 91702 i CHAIRPERSON APRIL 28, 2008 6:30 P.M. AZUSA UTILITY BOARD KEITH HANKS CHAIRPERSON I JOSEPH R. ROCHA BOARD MEMBER I IURIEL E. MAC ROBERT GONZALES I'BOARD MEMBER i BOARD MEMBER ' i 16:30 P.M. Convene to Regular Meeting of the Azusa Utility Board and Azusa City Council Call to Order j Pledge to the Flag I Iff . Roll Call A. ELECTION OF UTILITY BOARD OFFICERS 1. Election of Officers. Recommendation: It is recommended that the Utility Board/City Council elect by majority vote a Chairperson and Vice Chairperson to serve as officers of the Utility Board. A-1. Election of Off cers.doc � e { 001 B. PUBLIC PARTICIPATION I . New Employee Introductions a) Brandon Horton - Line Mechanic b) Vincent Benavidez - Apprentice Line Mechanic c) Micah Moore - Apprentice Line Mechanic (PersonlGroup shall be allowed to speak without interruption up to rive (5) minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shaO be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes time.) The Consent Calendar maybe adopted with one vote, and if so adopted the printed recommended action will be enacted. if Staff or Councilmembers wish to address any item on the Consent Calendar individually, it will be considered as a SPECIAL CALL ITEM. C. CONSENT CALENDAR Minutes. Recommendation: Approve minutes of regular meeting on March 24, 2008 as written. Cd. Mar-UB-Min.doc 2. Approval of Quit Claim to Watt Communities of Water Line Easement in the City of Azusa. Recommendation: Approve the following resolution: A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA QUIT CLAIMING A CERTAIN GRANT OF EASEMENT AND DIRECTING THE RECORDING THEREOF. C-2. Watt-Qukdaimdoc 3. Acceptance of Grant of Easement from 1303 Optical Drive LLC. Recommendation: Approve the following resolution: A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING A CERTAIN GRANT OF EASEMENT AND DIRECTING THE RECORDING THEREOF. C-3. Accpt_Eswt-0pt1ca1. 002 4'. Approval of Additional Reimbursable Compensation to Civjltec Engineering. Recommendation: \ Approve additional reimbursable compensation to Civiltec Engineering for inspection of the Rosedale Development water storage reservoirs and water pump stations in amount of $20,000. C-4. r CWItec-Arrend.doc i I 5.. Approval of Additional Compensation to Civiltec Engineers for Inspection of Project W-238. Recommendation: Approve the addition of $45,000 to the Civiltec Engineering contract for t inspection of Project W-238, replacement pipeline installation on Cypress and Sunset et. al., and extend contract to June 30, 2008. i c -s. W-238-Civittec.doc G? Approval of Additional Compensation to Wren and Associates for Inspection Services on Rosedale Pipeline Installation. Recommendation: Approve additional reimbursable compensation to Wren &Associates for continuing inspection services for the Rosedale Development pipeline installation in amount of $20,000. I C-6. Wren Arrendment.doc + i i7. Notice of Completion -Project WVF-239, Gladstone Yard Improvements. Recommendation: Accept the completion of Project WVF-239, Gladstone Yard improvements, by MG Enterprizes and direct the City Clerk's Office to execute Notice of Completion and also have same recorded at the Office of Los Angeles County Recorder. I' .. C-7. NOC-MGE doc 18. Water Treatment Plant Improvement Project Wastewater Connection Fee. Recommendation: Approve the Canyon Water Filtration Plant Wastewater Connection Fee at $28,214.81 to be paid to If Los Angeles County Sanitation District. j � + f C-8. tAC56Fee.doc 1 003 D. SCHEDULED ITEMS Approval of Lone Term Power Sales Agreement with Southern California Public Power Authority (SCPPA) for Renewable Energy. Recommendation: Approve the long term power sales agreement with SCPPA for the renewable energy output from small conduit hydro facilities operated by the Metropolitan Water District and authorize the Mayor to execute agreement. D-1. SCPPA-MWD PSAs.doc 2. Adoption of Legislative Positions. Recommendation: Adopt the legislative positions attached to this report and authorize the Mayor to sign letters addressed to legislators as may be required during the remainder of legislative session to advocate the adopted positions. D-2. Legislative.doc 3. Possible Adoption of Resolution in Support of the Application by the San Gabriel Mountains Regional Conservancy (SGMRC) for Grant Funds under the California Clean Water, Clean Air, Safe Neighborhoods and Coastal Protection Bond Act of 2002, and the Water. Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002, and the Safe Drinking Water, Water Quality and Supply, Flood Control. River and Coastal Protection Bond Act of 2006 (Proposition 84) for the Azusa Romvary Acquisition and to Defer the City of Azusa s Grant Application for Same Project. Recommendation: Approve the following resolution: E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, SUPPORTING THE SAN GABRIEL MOUNTAINS REGIONAL CONSERVANCY APPLICATIONS FOR GRANT FUNDING APPLICATIONS THROUGH VARIOUS CONSERVANCY AGENCIES, STATE AND FEDERAL FUNDING SOURCES RELATING TO THE ACQUISITION OF PRIVATELY OWNED, HILLSIDE OPEN SPACE (KNOWN AS THE ROMVARY PROPERTY) IN THE CITY OF AZUSA. IN ®Il D-3. D-3. Rpt-SGMRC-Grant.do RESOLUTION.doc Monthly Update on Drought - Water Supply Outlook 9 E-1. LATimes-Drought Arti 2. 3. I I 5. I I i F. 41 ,2. r'. 12 4 Monthly Update on Water Treatment Plant E-2. WTP Moly Update.pdf Update on Solid Waste Issues and Refuse Rate Adjustment E-3. SoridWaste_Update.c Residential Electric Rates Comparison - April 2008 1 ResElecRatesConp-A i 4 May Offsite Meeting - Tuesday, May 27`" at Magnolia Elementary School (Verbal) DIRECTOR'S COMMENTS Request for Proclamation for Saint Frances of Rome, Father Gusnc�celebration of his birthday on PPHI-30 f Request for Certificates of Recognition for Students of the Azusa Unified School District who tool( a trip to Washington D.C. for educational purposes. I i CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Government Code Section 54956.9 (b) One Potential Case CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Government Code Section 54956.9 (b) One Potential Case H. ADIOURNMENT I. Adjournment. I ; %n compliance with the Americans with Disabilities Act, if you need spec/a/ assistance to participate In a city meeting, please contact the City Clerk at 616-811-5119. Notification three (3) working days prior to the meeting or time when special services are needed will assist staff in assuring that reasonable' arrangements can be made to provide access to the meeting." 5 005 C E i r i A-1 AZUSA ELECTION OF OFFICERS TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES/,1r ! ; DATE: APRIL 28, 2008 W SUBJECT: ELECTION OF OFFICERS i i RECOMMENDATION t It is recommended that the Utility Board/City Council elect by majority vote a Chairperson and Vice Chairperson to serve as officers of the Utility Board. J , BACKGROUND The Utility Board was formed in May 2001 pursuant to ordinance 01-03, which was later amended by ordinance 0 1 -07 (attached). The Utility Board is composed of City Council Members acting as Utility Board Members, with the Director of Utilities serving as executive advisor to the Board. The Utility Board meets monthly on the fourth Monday of each month in the downstairs conference room at Azusa Light & Water (AII offices to conduct business related to the City's electric and water I utilities, and solid waste collection services.. I Section 2-415 of the attached ordinance requires the Utility Board to elect a Chairperson, Vice Chairperson, and a Secretary annually no later than the second meeting following appointment of the Mayor Pro Tem of the City Council. The functions of Secretary are delegated to the City Clerk. New members are urged to read attached ordinance regarding the Utility Board functions. FISCAL IMPACT I I. i, There is no fiscal impact of electing officers. Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities 0rd01-07uB.pdf I G � i '• I ORDINANCE NO. 01- O7 AN ORDINANCE OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 2, ARTICLE V, DIVISION 5 OF THE MUNICIPAL CODE REGARDING THE COMPOSITION, OFFICERS, POWERS AND DUTIES OF THE UTILITY BOARD THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 2, Article V, Division 5, Section 2-413 of the Azusa Municipal Code is hereby replaced, in its entirety, with the following: "Sec. 2-413 Composition. The board shall consist of five members. The city council may choose by a majority vote of the council to appoint its five members as the ex officio members of the board. All members shall be appointed by a majority vote of the city council and shall serve pursuant to section 2-32. Members of the board may be removed pursuant to section 2-32." SECTION 2. Chapter 2, Article V, Division 5, Section 2-414, of the Azusa Municipal Code is hereby replaced, in its entirety, with the following: RVPUBUFF\619015 "Sec. 2-414 Powers and Duties. When the board members are acting in their capacity as both members of the board and members of the city council, the board, acting j ointly with the city council, shall have the following powers and duties: 1. To establish electric power and water rates, capacity and connection charges, meter charges and such other fees and charges as may be appropriate and to generally regulate, control, manage, renew, repair and extend the water system and the electric power generation and distribution system of the City of Azusa. 2. To make rules and regulations governing the conduct of the board and its members and the employees of Azusa Light and Water. 3. To control and order the expenditure of all money received from the sale or use of water and electric power for defraying of expenses, maintenance, repairs, construction, extension and operation of the water and electric power system and for any expenses for additions to same. 4. To supply Azusa Light and Water's customers with water and electric power for any and all purposes and adopt all necessary rules and regulations for the provision of service. To enter into contracts with any public or private agency for the exchange 00 of water or electric power, provided that any such water or electric power so exchanged by the city shall be repaid in full to the city within a reasonable period. 6. To hold, lease, acquire and purchase property in the name of the city. 4 7. To dispose of property surplus to the needs of the water or electric power i systems, provided that any sale, lease or disposal of its assets, including property used in the generation of electrical energy, other than those unnecessary to the operation of the water and electric power systems. 8. To engage such legal services as may be required or require the services c the city attorney." 1 SECTION 3. Chapter 2, Article V, Division 5, Section 2-415 of the Azusa jMunicipal Code is hereby replaced, in its entirety, with the following: "Sec. 2-415 Chairperson Vice Chairperson and Secretary The board shall elec one of its members as chairperson, one as vice chairperson, and one as secretary. Each of these three (3) board officers shall hold office for one (1) year and until their successors are appointed. Initially, officers shall be selected no later than th second meeting of the board following its appointment. Subsequent selection of officers shall occur no later than the second meeting following the selection of th mayor pro tem of the city council. The secretary may delegate to the city clerk duties such as making tape or other recordings of meetings of the board and developing draft Minutes of such meetings for`consideration and possible approval by the board." SECTION 4. Chapter 2, Article V, Division 5, Section 2-418 of the Azusa Municipal Code is hereby replaced, in its entirety, with the following: I "Sec. 2-418 Budeet. While the board members are acting in their capacity as both members of the board and members of the city council, the board shall initially adopt a.budget for Azusa Light and Water within four months of its first meeting, and thereafter shall annually adopt a budget for Azusa Light and Water, showing the expected expenses and revenues of the water and electric power enterprise. The city manager will present the budget to the board for adoption. The annual budget shall be incorporated into the budget of the city." SECTION 5. Chapter 2, Article V, Division 5, Section 2-419 of the Azusa Municipal Code is hereby replaced, in its entirety, with the following: "Sec. 2-419 Loans. While the board members are acting in their capacity as both members of the board and members of the city council, the board may approve and authorize loans to or from the funds subject to its control from or to RVPUBVFMI8015 w F city funds on a temporary basis." SECTION 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance. The city council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or other portions might subsequently be declared invalid or unconstitutional. SECTION 7. This ordinance shall be in full force and effect thirty (30) days after its passage. SECTION 8. A summary of this ordinance shall be published in the manner required by law. PASSED, APPROVED AND ADOPTEI�4 ' day of October, 2001. Cristina Cruz -Madrid Mayor ATTEST: 0� Vera Mendoza City Clerk RVPUBVFF\618015 I STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) i. I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the i foregoing Ordinance No. 01-07 was duly introduced and placed upon its first reading at regular meeting of the City Council on the 17 day of September2001, and that thereafter, sa Ordinance was duly adopted and passed at a regular meeting of the City Council on the 1 d of October 2001, by the following vote, to wit: i AYES: COUNCILMEMBERS: HARDISON,STANFORD, ROCHA,CHAGNON,Me NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Vera Mendoza, City Clerk APPROVED AS TO FORM: I City Attorney i I'I RVPUBVFM16015 _ if +1 i' ala I 1 EXCERPTS FROM ORDINANCE 01-03 Sec. 2416 Meetings. The board shall establish a regular time and place of meeting and shall meet regularly at least once a month or more frequently as workload requires. The regular place of meeting shall be in the Azusa Light and Water building. At least once every three (3) months, or more frequently if the board desires, the board may meet in other places and locations throughout the city for the purpose of encouraging interest and facilitating attendance by people in the various neighborhoods in the city at the meetings. Special meetings may be called by the chairperson or by three (3) members of the board, upon personal notice being given to all members or written notice being mailed to each member and received at least 36 hours prior to such meeting, unless such notice is waived in writing. All board meetings, and agendas for such meetings, shall be publicized in advance bywritten notice given to newspapers serving the city at least three (3) days priorto regular meetings and at the same time as members are notified of special meetings. In addition, notice of meetings. shall be posted regularly at locations normally utilized by the city for such purposes. All meetings shall be open to the public pursuant to the provisions of the Ralph M. Brown Act. (Gov. Code § 54950 et seq.) The board shall cause to be kept a proper record of its proceedings. The records and files of the board and its officers shall include, but not be limited to, all official correspondence, orcopies thereof, to and from the board and its members received in their official capacities and shall be kept open for inspection by the public at reasonable times in the office of the city clerk Sec. 2-417 Technological Support. Themembers oftheboard may receive technological support in the form of hardware, software or reimbursement for telecommunications services used in connection with serving on the board. Members shall also be reimbursed for any reasonable and necessary expenses incurred by them in the performance of their duties as members of the board. rM s AZUSA 114xT I' ATlt CITY OF AZUSA MINUTES OF THE REGULAR MEETING OF THE AZUSA UTILITY BOARD/CITY COUNCIL MONDAY, MARCH 24, 2008 — 6:32 P.M. The Utility Board Members of the City of Azusa met in regular session, at the above date and ,time, at Powell Elementary School, located at 1035 E. Mauna Loa Avenue, Azusa, California. Chairman Hanks called the meeting to order. I ROLL CALL { PRESENT: BOARD MEMBERS: GONZALES, CARRILO, MACIAS, HANKS, ROCHA ABSENT: BOARD MEMBERS: NONE ALSO PRESENT: City Attorney Ferre, City Manager Delach, Director of Utilities Hsu, Director of Resource Management Tang, Assistant to the Utilities Director Kalscheuer, Assistant Director of Water Operations Anderson, Azusa Police Captain Streets, Economic Development Director Coleman, City Clerk Mendoza, Deputy City Clerk Toscano. I Public Participation j None. i The CONSENT CALENDAR consisting of Items B-1 through B-8, was approved by motion of j Board Member Macias, seconded by Board Member Carrillo and unanimously carried with the j exception Items B-2, B-4, B-5, B-6, and B-8, which were considered under the Special Call portion of the Agenda. I . The Minutes of the regular meeting of February 25, 2008, were approved as written. 2. SPECIAL CALL ITEM. 3. Approval was given to award the contract for Project W-245 for water main installation in First, McKinley, Paramount, Roosevelt and Virginia Street, Barbara Drive, and an alley west of Barbara Drive to Miramontes Construction, Incorporated in the amount of $485,061.50. Call to Order Roll Call i - Also Present Pub Cons ent Cal Approved ; B21 415 6 & 8 Spec Call Min Appvd Spec Call Proj W-245! Miramontes 012 4. SPECIAL CALL ITEM. Spec Call 5. SPECIAL CALL ITEM. Spec Call 6. SPECIAL CALL ITEM. Spec Call 7. Authorization was given for the procurement of local capacity products from Reliant Energy, Procure prod NRC, and Coral Power in fulfillment of City's resource adequacy obligations to the California Reliant Independent System Operator and to authorize the Mayor to execute the Confirmation Energy NRG Agreements. Coral Pwr. 8. SPECIAL CALL ITEM. Spec Call Special Call Items Special Call Items Assistant Director of Water Operation Anderson responded to question regarding the size of water Dir Wtr mains and sewer force mains for project W-243, stating that the 2,350 LF Main is 18 inches and Operation the 465 LF of sewer force main is 6 inches. Anderson Moved by Board Member Rocha, seconded by Board Member Carrillo and unanimously carried to Proj W-243 approve the award of contract for Water Project W-243, Installation of Water Treatment Plant Ken Water Mains and Sewer Force Main in Daybreak Drive and San Gabriel Canyon Drive to Ken Thompson Thompson, Incorporated in amount of $1,580,876. Board Member Carrillo addressed items regarding professional services contracts for inspection Carrillo services questioning why SA was selected for WVF-243 over Wren &Associates as bids were the Comments same amount. Assistant Director of Water Operations Anderson responded that the project has sensitive areas and SA Associates has additional engineering background. Moved by Board Member Rocha, seconded by Board Member Carrillo and unanimously carried to Prof sys agmt approve Professional Services Agreement In amount of $21,000 to D. Wren &Associates Inc. to Wren & provide inspection services on Project W-245, Water Main Replacement in First, McKinley, Assoc Paramount, Roosevelt and Virginia Street, Barbara Drive, and an alley west of Barbara Drive. Moved by Board Member Rocha, seconded by Board Member Carrillo and unanimously carried to Prof sys agmt approve a Professional Services Agreement contract in amount of $60,000 to SA Associates to SA Associates provide inspection services on Project WVF-243, Installation of Water Treatment Plant Water Mains and Sewer Force Main in Daybreak Drive and San Gabriel Canyon Drive. Board Member Macias addressed item regarding amendment to Athens Services agreement to Macias change index date asking if there would be an increase to rate payers due to the change, and if Questions the City was obligated to grant Athens a full CPI each year. Response Assistant to the Utilities Director Kalscheuer responded that changing the index date would not Kalscheuer affect rates; rates would be calculated the same way and once agreed to by Athens would be & Hsu mailed to property owners and then presented to the city council for consideration. Director of Utilities Hsu advised that changing Index date would probably benefit the customers due to the shift in timing of the adjustment. Assistant to the Utilities Director Kalscheuer stated that so long as we have contract with Athens, City is obligated to grant Athens full CPI. 03/24/08 PAGE TWO 013 Board Member Rocha offered a Resolution entitled: A RESOLUTION OF THE AZUSA UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA, Res. 08-C2II (AMENDING AGREEMENT WITH ATHENS SERVICES TO CHANGEy ANNIVERSARY DATE OF Amend Agnt CONSUMER PRICE INDEX. Athens 'Moved by Board Member Rocha, seconded by Board Member Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Board Members: j 4 AYES: BOARD MEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA, HANKS NOES: BOARD MEMBERS: NONE I ABSENT: BOARD MEMBERS: NONE Board Member Rocha addressed item regarding fees for new street light fixtures at the Rosedale Development questioning who would be paying the fee; staff responded that the Association would be paying the fee not the homeowners. Board Member Rocha offered a Resolution entitled: A RESOLUTION OF THE AZUSA UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA, AMENDING THE STREET LIGHTING SCHEDULE INCLUDED IN AZUSA LIGHT & WATER'S RULES AND REGULATIONS GOVERNING ELECTRIC AND WATER SERVICES.; Moved by Board Member Rocha, seconded by Board Member Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Board Members: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: SCHEDULED ITEMS GONZALES, CARRILLO, MACIAS, ROCHA, HANKS NONE NONE Reduction in Replacement Water Cost Adjustment Factor. Director of Utilities Hsu addressed the item stating that Azusa has been adjusting the RWCAF every two months since it began purchasing water at the higher cost back in July from Metropolitan Water District, but due to the increased rainfall and a rise in the water table the City stopped purchasing from MWD towards the end of January. The costs for January will be recovered over a two month period and the RWCAF twill be reduced in April and May. i Moved by Board Member Macias, seconded by Board Member Gonzales and unanimously carried to authorize staff to reduce Replacement Water Cost Adjustment Factor by ($0.1957) per hundred cubic feet of water effective April 1, 2008, to reflect reduced purchased water costs from the Metropolitan Water District for January and February. Approval of Resolution Amending Electric Fund Budget in Amount of $450.000 for Participation In New Lodi Development Project. Director of Utilities Hsu addressed the item stating that the project was approved at the November 2007 Utility Board Meeting; the appropriation was subject to approval of all participants in the project to sign, now need to authorize a budget amendment to pay for the project. I 4 03/24/08 PAGE THREE i Res. Light sched i I r Sched Items I Dir ofJUtil 1 Comments I Dir ofJ Util Comments 0146 After additional comments, Board Member Rocha offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING THE Res. 08-C23 FISCAL YEAR 2007-2008 OPERATING BUDGET FOR THE ELECTRIC UTILITY TO PAY FOR COST OF Budget PARTICIPATION IN LODI #2 PROJECT. Amend Lodi #2 Project Moved by Board Member Rocha, seconded by Board Member Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Board Members: AYES: BOARD MEMBERS: GONZALES, CARRILLO, MACIAS, ROCHA, HANKS NOES: BOARD MEMBERS: NONE ABSENT: BOARD MEMBERS: NONE Aaoroval of a Short-term Loan to Azusa Land Partners (ALP) in Amount Not -to -Exceed $5 Million. City Mgr & City Manager Delach addressed the item stating that it is a short term loan, but is really an Dir of Util advance of money that the City will owe ALP for reservoirs they are building and will assist them Comments with their current cash flow needs. Director of Utilities Hsu responded to questions that the Short -Term loans may be 60-90 days, and there is no interest because it is an advance on funds the City will Loan Azusa have to pay ALP for the reservoirs they are building for the City; it will help them complete the Land Partners projects and it will also help the City. He noted the importance of the completion of the waterlines, reservoirs and pump station, etc. Moved by Board Member Rocha, seconded by Board Member Macias and unanimously carried to Loan to ALP approve a short -tem loan in amount not -to -exceed $5 million to Azusa Land Partners, and approved authorize the City Manager to execute all necessary documents. THE UTILITY BOARD CONVENED JOINTLY WITH THE AZUSA REDEVELOPMENT AGENCY AND Convene jntly CITY COUNCIL AT 7:00 P.M. TO CONSIDER THE FOLLOWING: w/CRA PUBLIC HEARING - ON LOAN FROM ELECTRIC FUND TO REDEVELOPMENT AGENCY FOR Pub Hrg PROJECT RELATED ACTIVITIES ON PORTION OF PROPERTY LOCATED AT THE NORTHWEST Loan from CORNER OF ARROW HIGHWAY AND AZUSA AVENUE. Elect fund Economic and Community Development Director Coleman addressed the Hearing stating that the B. Coleman action would authorize a loan from the Electric Fund Balance to the Agency in the amount of Comments $5,300,000 allowing the acquisition of 17525 East Arrow Highway for redevelopment purposes. The City of Azusa has submitted an application to the Los Angeles County Local Agency Formation Commission (LAFCO) for the annexation of the property. He responded to question posed that it does not include the furniture store on the corner and the balance remaining in the electric fund would be 22 million; there is an option to recall the loan if needed for an emergency. There was clarification on the resolutions that the project would be funded from electric fund balance. The Mayor/Chairman Rocha declared the Hearing open. There was no proof of publication Hrg open required for the Public Hearing. Mr. Terry Ernest addressed the Hearing stating that the property has been in escrow for two and a T. Ernest half years and he would like to close. Comments Moved by Director/Councilmember Hanks, seconded by Director Councilmember Gonzales and Hrg closed unanimously carried to close the Public Hearing. 03/24/08 PAGE FOUR 015 j Director Hanks offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING A i, LOAN FROM AZUSA LIGHT & WATER FOR PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA. i Moved by Director Hanks, seconded by Director Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency Board Members: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE 'ABSENT: DIRECTORS: NONE Board Member Gonzales offered a Resolution entitled: Res. Loan L&W .A RESOLUTION OF THE UTILITY BOARD OF THE CITY OF AZUSA AUTHORIZING A LOAN FOR Res.( PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA. Authc Loan Moved by Board Member Gonzales, seconded by Board Member Carrillo to waive further reading and adopt. Resolution passed and adopted by the following vote of the Utility Board Members: AYES: BOARD MEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: BOARD MEMBERS: NONE ABSENT: BOARD MEMBERS: NONE Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING APPROPRIATION G AMENDMENTS FOR FISCAL YEAR 2007-08 PURSUANT TO SECTION 2-450 OF THE AZUSA I' MUNICIPAL CODE. Moved by Councilmember Hanks, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE !ABSENT: COUNCILMEMBERS: NONE Director Hanks offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING APPROPRIATION AMENDMENTS FOR FISCAL YEAR 2007-08 PURSUANT TO SECTION 2-450 OF THE AZUSA MUNICIPAL CODE. Moved by Director Hanks, seconded by Director Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency,Board Members: AYES: DIRECTORS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA Ir NOES: DIRECTORS: NONE i' ABSENT: DIRECTORS: NONE THE REDEVELOPMENT AGENCY AND CITY COUNCIL ADJOURNED AND THE UTILITY BOARD MEETING CONTINUED. ; 03/24/08 PAGE FIVE Res. Appropriation Amendment Res. 08-R 16 Approving STAFF REPORTS/COMMUNICATIONS Staff Rpts Director of Utilities Hsu provided an update on the water shortage declaration stating that J. Hsu effective April 1" the City will revert to Phase 11 water conservation, and on May 1, 2008, the City Wtr shortage will revert to Phase I water conservation; details were provided regarding key well elevations at Update Well No. 8E. He responded to questions posed by Board Members regardingwater conservation. Director of Utilities Hsu provided the Monthly Update on Water Treatment Plant Project stating WTP Update that they are about 56.1 1% complete. Director of Utilities Hsu provided the Quarterly Fuel Cost Adjustment for San Juan Source stating San Juan & that there is a Fuel Cost Adjustment charge of $1,761,154 which will amount to an average Pwr Res residential customer increase of about $5 per month for the next three months. Director of Utilities Hsu presented Garnet Wind Project Progress Report which Included pictures of Garnet Wind the beginning Phase I of the project. Director of Resource Management Tang addressed the item Project stating that the first turbines are onsite and being erected and the interconnection agreement with Edison were filed and that part should be done by the beginning of summer. DIRECTOR'S COMMENTS Dir Cmts Moved by Board Member Carrillo, seconded by Board Member Rocha and unanimously carried to Letter to approve Letter to Representative Hilda Solis, as amended, i.e. date, Mayor Pro -Tem, thanking her H. Solis for meeting with SCPPA members regarding Green House Gases and other items. Discussion was held regarding the options for selection of the Chairperson of the Utility Board and Selection of Assistant to the Utilities Director Kalscheuer was directed to look into the matter. Chair UB Moved by Board Member Rocha, seconded by Board Member Gonzales and unanimously carried Proc for West to approve a proclamation proclaiming April 21 to April 25, 2008 as West Nile Virus and Mosquito Nile Virus And Vector Control Awareness Week. Board Member Macias noted that there is about four feet Awareness of standing water on Ninth Street east of Pasadena at a Flood Control Canal along the railroad tracks. City Manager Delach responded that they are working on getting the retention basin fully connected with the San Gabriel Valley Mosquito Abatement District. Moved by Board Member Carrillo, seconded by Board Member Gonzales and unanimously carried Letters to to approve Letters to U.S. Senators Barbara Boxer and Diane Feinstein, and U.S. Representative Congress David Dreier to request their support to secure $1 million in funding for the Water Supply Water Appro Reliability Program as part of the Fiscal Year 2009 Energy and Water Appropriations bill. Bill Moved by Board Member Carrillo, seconded by Board Member Gonzales and unanimously carried Cert of Rec to approve Proclamation to Daniel Noriega for his participation in American Idol. D. Noriega Director of Utilities Hsu announced that at the last SCPPA, Southern California Public Power Dir of Util Authority, meeting they were advised that greenhouse gas rule making passed the California Utility Comments Commission; SCPPA is urging all members conduct a grass roots campaign to get customers educated to help lobby for it. He stated that he would like to set up a large customer meeting on May I" or May 81" and asked'Board Members to let him know what date is convenient for them. 03/24/08 PAGE SIX 017 Board Member Carrillo provided a legislative update on a Senate Bill stating that it is pushing to eliminate the alternative daily cover away from making the AB 939 requirements and asked if staff had sent a letter with regard to this. Assistant to the Utilities Director Kalscheuer responded that they have opposed this in the past and that staff would follow up on it. Mr. Carrillo asked that a jLegislative Update be placed on the next Utility Board Meeting Agenda for discussion. He stated that the San Gabriel Valley Council of Government is opposed to it and the cities are in support of the opposition. He referred to Phase I and Phase 11 of the drought and asked if options are still available to residents such as astro turf instead of grass. Board Member Rocha suggested that information be provided at the upcoming Azusa Beautiful program to be held at City Hall. Assistant to the Utilities Director Kalscheuer responded stating that a recycling booklet which will contain information on conservation, including artificial turf and irrigation systems, etc. will be going out to residents soon. He also displayed and provided a refrigerator magnet with information on it regarding Athens Services saying that Athens did contributed 50% of the cost. ; Board Member Rocha asked about the status of the re -opening of Sierra Madre and City Manager Delach responded that it is schedule for March 31 ". Mr. Rocha also expressed concern to Captain Streets about school children who will be crossing Sierra Madre going to Hodge School where there are no crossing guards. Captain Streets responded stating that they will be evaluating and educating people on the driving course and officers will be available to help. CLOSED SESSION It was consensus of Board Members to recess to Closed Session at 7:55 p.m. to discuss the following: Real Property Negotiations (Gov. Code Sec. 54956.8) Address: 819 N. Angeleno Avenue Negotiating Parties: Federico Rios City Negotiators: City Manager Delach and Public Works Director James Makshanoff Under Negotiations: Price and Terms of Payment I The Board Members reconvened at 8:08 p.m. There was no reportable action taken. It was consensus of Board Members to adjourn. i TIME OF ADJOURNMENT: 8:09 P.M. SECRETARY NEXT RESOLUTION NO. 08-C26. 03/24/08 PAGE SEVEN Comments Closed Sess Recess Reconvened No report i Z cov ;L AZCJSA RIGHT A HATER I I TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL I l FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES�t/ i DATE: APRIL 28, 2008 SUBJECT: QUIT CLAIM TO WATT COMMUNITIES OF WATER LINE EASEMENT IN THE CITY OF AZUSA. RECOMMENDATION I I Itlis recommended that the Utility Board/City Council approve Quit Claim of waterline easement rights to Watt Communities within Tract 68355. BACKGROUND I � As the successor to the Azusa Valley Water Company, the City of Azusa holds certain easements for water lines in the Citrus Crossing Development at intersection of Alosta and Citrus Avenue. In order to allow the Developer to process a new Tract Map for a housing development, Watt Communities has requested that these easements be quit claimed as they are not relevant to the new development. New easements will be granted to the City of Azusa by Developer at later date appropriate to the new development. Attached herewith is the Quit Claim resolution and other documents showing existing easement for the water mains and related substructures located in Tract 68355 in the City of Azusa. I FISCAL IMPACT I 1 I costs associated with the processing of this quit claim of easement are borne by the developer cost to the City. h i' Theie is ©19 Watt-Reso.doc D(HIBirA - Quit Watt-QuWairrEase Claimdoc ment.pdf h i' Theie is ©19 RESOLUTION NO. A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA QUIT CLAIMING A CERTAIN GRANT OF EASEMENT AND DIRECTING THE RECORDING THEREOF. The Utillity Board/City Council of the City of Azusa does hereby resolve as follows: SECTION 1. That certain Quit Claim executed by the CITY OF AZUSA a Municipal Corporation in Los Angeles County, California, as successors to Azusa Valley Water Company, under date of the 28`s day of April 2008, abandons the right to perpetual easement and right of way solely for the purpose to construct, operate, maintain, use, repair, alter, replace, inspect and remove at any time and from time to time underground water supply systems and fire protection systems (hereinafter referred to as "Systems"), consisting of, but not limited to, underground conduits, vaults, manholes, handholes and including above -ground enclosures, markers and fire hydrants and other appurtenant fixtures and equipment necessary or useful for distributing water to the property, in, on, over, under, across and along the following described real property situate in the City of Azusa, County of Los Angeles, State of California to wit: See Exhibits "A" and `B" attached hereto and made a part hereof. Said Quit Claim Grant of Easement is hereby accepted, and the City Clerk is hereby authorized and directed to cause the same to be filed for record in the office of the County Records of said County. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS day Joseph Rocha, Mayor ATTEST: Vera Mendoza, City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Utility Board/City Council of the City of Azusa at a regular meeting of the Azusa Light & Water Utility Board on this 28" Day of April 2008. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Vera Mendoza, City Clerk 020 V v EXHIBIT A SEE ATTACHED AREA REFERENCES FOR ABOVE NUMBERED ITEMS. i i 021 aww�a•.wa,. /z a'.rswy /zrmm/ pww mw" mmnnwy _al0 _ (Il-il/frf }8 C61Pt'W s�r./l Tffi .l t/W.f6rA•I .�FgtPCW / •Q �esrowU-azm -W-11 u:IPa x:.,irm� ,♦ /sr rt! imaeaW .nav rav I HIS iR F -.'r, L Itl N§ I lip Ii44ffjj�O lll.a I1 bq `� y5y�7 / �Ill� AAIIa >II�<Ijy�yii O Cha ¢ "• Ia I —d ¢ ail. F /•!1po_` t� n. 9, ,.4�p1 g8y !!/I � P m Jl�/y/QI/ �"9 /.�� •wr 31YS/!H(R7 fid,' Wr �.yy' �•rri I —�4 .L- f Q 94 !.!♦ V .–i r� /! / I .wti a I'I 1 j b4 @'tp ■ l a u, 1 Its, Ili 7 1 IIS.——r'D'O@ (�'` � n y1 ,F" tl4 1 �'•. v^I+--.mT/ � $`gam. 0y1 '1'! 1b 131— e� ! tarir I I ruaaa A Nq R bg'{`i / / I 1� � !'l,: l�` � e>• JAI ppp $¢p¢p -- �$t4o ___ - � ��,`A _P�I1� �t-Q —III n„•, � 9 °�J�@7�,>� al��' � -��•�%'-D7 rrrr '� i.R.70.26t'� 'lF (.f.�iLldd' - j(3 I ��i; . 9 �r� 46 ¢ •`"'%�`r`;^.. 0 � _f .7nm />•inmv- 1 � off' tN.1�r3. l4�' 1 o �•"s o - r B y v 1' N8 0 a i 1 I L�e arra xvnlmaw $ w.P{a4 I@@61'a I I 1 I s AA sb�pP pE �g!ooazt CM cli0 I EXHIBIT B RECEIVED MAR 1 7 Z10G8 - March 13, 2008 AZUSALlu :"L...iicy Mr. Joe Hsu Asuza Light and Water 729 N. Azusa Avenue, 2nd Floor Azusa, CA 91702 i Re: T zc± 63355, Citr s Crossing Development Request to Quitclaim Easement Dear Mr. Hsu: i Per ALW's request, I am forwarding additional information for Tract 68355 pertaining to the request for quitclaim submitted on Feb. 1, 2008. 1. Water plans from Adams Engineering for commercial project. 2. Plans showing existing easement within future development —both residential and commercial. Please advise if you have any questions or need further`information. Thank you. Respectfully, F Kimberly Lewis i rOJ CCi ivianageC Watt Commum ties (]!U-. (.(r,ma-iI i r J a a I 023 February 1, 2008 Mr. Joe Hsu Asuza Light and Water 729 N. Azusa Avenue, 2nd Floor Azusa, CA 91702 Re: Tract 68355, Citrus Crossing Residential Request to Quitclaim Easement Dear Mr. Hsu: I have a tract of townhomes in the City of Azusa, Tract 68355, that has an Azusa Valley Water Company easement located with in the property that I am requesting be quitclaimed. Since this entity longer exists and Azusa Light and Water now has jurisdiction, new easements will be granted_ In order to process my tract map, I need to have this easement quitclaimed as it is no longer relevant. Per the request of your department, enclosed please find the following information: 1. Grant of Easement 2. Plans showing existing easement within future development 3. Approved water plans showing proposed new water mains where new easements will be granted. 4. Requestor's Name and contact info. Kimberly Lewis Watt Communities 2716 Ocean Park Blvd,'�2025 Santa Monica, CA 90405 (310) 314-5081 ph (310) 450-3802 fax Please advise if you have any questions or need further information_ Thank you. 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DOMESTIC WATER IMPROVEMENT PLANS TRACT NO, 68355 AZUSA, CA 6 SHEET 3J KEY 4W SHEET4--1 FOOTHILL CENTER AZUSA,CA mMRII aatmrreurra C-3 AZUSAtIGMT TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES/_� DATE: APRIL 28, 2008 �� SUBJECT: ACCEPTANCE OF GRANT OF EASEMENT FROM 1303 OPTICAL DRIVE DELAWARE LIMITED LIABILITY COMPANY , RECOMMENDATION r It is recommended that the Utility Board/City Council accept Grant of Easement by attached Resolution for the subject location and authorize the City Clerk to file it in the Office of the Los Angeles County Recorder. BACKGROUND Landowner is required to grant an easement to Azusa Light & Water Department for any electric facilities to be installed in his or her property. These grants of easements allow the Utility -owner the right-of-way for operation and maintenance of such facilities. Attached 1 herewith is the grant of easement and its "Exhibit A" and "Exhibit B" for the electric facilities located in Parcel 3 of Parcel Map 10328 with address of 1303 Optical Drive in the City of Azusa. This easement was secured and will be used for right-of-way access in the operation and maintenance of underground electric conduits, cables and related substructures installed at this property. II FISCAL IMPACT All costs associated with the processing of this grant of easement are borne by the developer. There is no cost to the City. Prepared by: Hien K. Vuong— Electrical Engineer Reso-Easement.doc Reso-ExhiblLs.pdf 029 RESOLUTION NO. A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA ACCEPTING A CERTAIN GRANT OF EASEMENT AND DIRECTING THE RECORD THEREOF. THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That certain Grant of Easement executed by 1303 Optical Drive LLC — a Delaware limited liability company, under date of the April 18th, 2008 to the CITY OF AZUSA a Municipal Corporation in Los Angeles County, State of California, its successors and assigns the right of perpetual easement and right of way solely for the purpose of constructing, laying, maintaining, operating, using, altering, repairing, replacing, inspecting and relocating therein and thereupon and / or removing there from electrical utility lines and related facilities, with any and all connections and devices necessary thereto for the transportation, distribution and /or supply of electricity to the property, in, on, over, under across and along the following described real properties situated in the CITY OF AZUSA, Los Angeles County, State of California, to wit: See "Grant of Permanent Easement' and Exhibits "A and `B" attached hereto Said Grants of Easements are hereby accepted and the City Clerk is hereby authorized and directed to cause the same to be filed for record in the office of the County Recorder of said County. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS day of April, 2008. Joseph Rocha, Mayor ATTEST: Vera Mendoza, City Clerk I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Utility Board/City Council of the City of Azusa at a regular meeting of the Azusa Light & Water Utility Board on the 28th day of April, 2008. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Vera Mendoza, City Clerk 030 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The City of Azusa THIS DOCUMENT IS FILED AT THE Light and Water Department REQUEST OF THE CITY OF AZUSA PURSUANT TO SECTION 6103 OF 729 North Azusa Avenue CODE.THEGOVERNMENT P. O. BOX 9500 I FEE SHALL BE CHARGEDTHEREFOR. Azusa, CA 9 1702 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) GRANT OF PERMANENT EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 1303 Optical Drive LLC, a Delaware limited liability company ("Grantor"), does hereby grant to the CITY OF AZUSA, CALIFORNIA, a municipal corporation, its successors and assigns, and its and their employees, contractors and agents ("Grantee"), the permanent easement and right -of -way to construct, maintain, operate, use, repair, alter, replace, and remove electrical systems and communications systems consisting of underground conduits, pull bore, transformers, pads, vaults, cables, conductors and other fixtures and appliances, with the necessary appurtenances, for conveying electric energy to be used for light, heat, power and for transmitting data by electrical means and/or other purposes ("Systems") under the following I described parcel of real property situated in the City of Azusa, County of Los Angeles, State of Califomia: As described in Exhibit "A" and depicted in Exhibit 'B" attached hereto and made a part hereof. Together with all necessary and convenient means of ingress and egress to and from said right of -way or strip or parcel of land, free from any and all buildings, equipment, combustible materials, or permanent obstructions of any kind, for the purpose of constructing, reconstructing, maintaining, operating, repairing, renewing, replacing, using, altering, or removing in any manner the Systems together with any and all of the purposes hereinbefore mentioned. I TO HAVE AND TO HOLD the above granted and described premises unto theI CITY OF AZUSA, CALIFORNIA, its successors and assigns forever. !9 IN WITNESS HERETO, Grantor has executed this Grant of Permanent this / O day ofr. , 2008. 1303 Optical Drive LLC, a Delaware limited liability company By: ��� Jeffrey N. Trenton President 031 EDIT "A" LEGAL DESCRIPTION FIVE STRIPS OF LAND, LYING WITHIN PARCEL 3 OF PARCEL MAP 10328 IN THE CITY OF AZUSA, COUNTY OF IAS ANGELES, STATE OF CALIFORNIA AS SHOWN ON PARCEL MAP FILED IN BOOK 95 PAGES 83 AND 84 OF PARCEL MAPS. STRIP L: A STRIP OF LAND 18 FEET IN WIDTH, LYING 5.50 FEET EAST AND 12-50 FEET WEST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF PARCEL 3, DISTANT WESTERLY 550 FEEL' FOR THE SOUTHEASTERLY CORNER OF SAID PARCEL 3; THENCE PARAU EL WITH THE EASTERLY LINE OF PARCEL 3, NORTH 00 DEGREES 09 MINUTES 02 SECONDS EAST 20.00 FEET, SAID POINT BEING HERE LkFPER REFERRED TO AS POINT A". SIDE LINES OF SAID 18 FOOT STRIP ARE TO BE PROLONGED OR SHORTENED SO AS TO TERM NATE IN SAID SOUTHERLY LINE OF SAID PARCEL 3. M Ram L4 1.3 v! qX41pi 11 :r4H 1 ON III I Mill:T41TA MITI I NO If N 101017► :i • I 1 IIIIII It 10 1111 Ol ` 111 1111111 All lill —w • • t a ❑DI • ► �a t u • ► wjwl a I laclulawI kl;Lol I -1:4 jum 1;1,4 gloyo a Ot' DI Q :1 ' :4 m t• mm ',• t STRIP 3: A STRIP OF LAND 12.70 FEET IN WIDTH, LYING 3.00 FEET SOUTH AND 9.70 FEET NORTH OF THE FOLLOWING DESCRIBED LINE: • IDI► ' • t 'a;l M • ►3H• DI YI 11 e t 11 K 63 Z i►3-1 Lj Wl WA Ulpim WIN W1 i • INU 1 16MM111till 1 1D1 • 'All. &KIN i 114:4 w 1-• Nr Ot 1 • ► i D f .{ • T • { 11 :1.9 M ' • { : DII .IDI' DII DI' D1 DI• • :�► • ' • 1 NO. 8244 STRIP 4: A STRIP OF LAND 16.00 FEET IN WIDTH, LYING 16.00 FEET WEST OF FOIL OWING DESCRIBED LINE r�o CIVIL BEGINNTWG AT THE ABOVE MENTIONED POINT "C"; THENCE NORTH 00 DEGREES 09 MINUTES 02 SECONDS EAST 16.00 FEET. { ` y032 a l • r n m w m m lI i ■ w Zx i551 3: z LL SCp�K� a- 2^76'24"'I R- 5779.60' L- 229.32' it 0� 0 �? R= 5 1-579.60' ^.- T=714.67 J, 00 c� POINT p5T 11NE PAR 0009 3 3y4.77 . N02"E, 76.00' N89^50'58 W, 76.00'+, �' POINT "C" 'rN00°09'02"E, 15.40' Lo ¢ STRIP 5, 16' WIDE STRIP 0 J (L STRIP 4, 5' WIDE STRIP N00'09'02"E, 9.70' Q NOO"09'02"E, 12.70' 8" N L.Ll (n GEL3 N89°50'5aW,� R- S.5 -+—U3'STIP 3 POINT \ W N 00 SCALE: 1"=80' 3�a q EASEMENT 0O Q a M� g51 a t� 6' IPD 3, N ,IO no �03Z8 ` J •:�. — NOO°04'S6"E, 64.92' Q� 5.5' _7 POINT "A" 0- Q SOUTH LINE PARCEL 3 Q. STRIP 1 20.00 N89056'03"W 200.75' S89056'03"E 529.63' P T I C A L woRTH STREET) D R I V E 5 v O r QaOfES'S 104, ro = a w U AYQ Oo Asum / ���� TF1Qcs?(Fy Z 0 m I o 0) N / w No. 8244 m 0 W Exp9' 'OB * Z sl C1V1L EXHIBIT 11�1f A�OFCAk.* Q LOCATIONAL MAP M M O CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT — .ec-- -- .� .rr-'"rmcr�cz�r;�ezra=�-.•;rem-��rmgr.€Q...�ro-�x�crt<'ecr;r.���k< State of California County of �C S L fiCE S on4t".6 1, /J,.2OOd' before me, /�_ V4N`�;. �J✓% i ; /,4LrC pyo Here !inert Na,re aria r� o: ;tro O:1!cer personally appeared ti r i n ti t J Yamel6) d syrer(.) who proved to me on the basis of satisfactory evidence to be the person(Wwhose names) islam subscribed to the within instrument and acknowledged to me that he/shefl executed the same in hisrheritdeirauthorized capacitykS), and that by histherfteif signature(s) on the instrument the person(s), or the entity upon behalf of K vNrCo which the person(K acted, executed the instrument. c�,rwm, r tmtw Cow* rtlnrMin+aae !n.mn ' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. Signature if 4�✓d �i'i x- (J-bECq;! PtSw Pbtvy seal Alpw siguturo of Hdtary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons telying on the document and could prevent fraudulent removal and reattachment of this lb" to another document. Description of Attached Document Title or Type of Document:Si i �'_F_ '�''t l %� M°�A'�r5 , i✓/ — Document Date: Number of Pages: _ - Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signers Name:�1'_ti'• :: Individual ` !Corporate Off icer—Title(s): �fi�S/Qr Partner — _ Limited _ General _ Attorney in Fact i Trustee Tao n1 ihrnb ^nre F, Guardian or Conservator Other: Signer Is Representing: I I 1303 CR—, ;cw y Signer's Name:_ _ - : 'Individual —Corporate Officer —Ttle(s): ..-7 Partner — Limited I 'General L1 Attorney in Fact Trustee Tov f.,umu Hare Guardian or Conservator LJ Other: Signer Is Representing: I 02CC]NallOnal Notary Av^ocsatiat•9.i500e 5aro Aw,V.0.9ar 2S02•ChaLwMn, CA 9i�112AD2•mnv NximelNw'arya� Xomai90T Rewaer:Cel To 81A00.[76­0�1 034 i%: FROM: DATE: C.,q #Y�_� f sn_ AZUSA UGMT • WATER HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL JOSEPH F. HSU, DIRECTOR OF UTILITIE$---q— APRIL 28, 2008 SUBJECT: ADDITIONAL REIMBURSABLE COMPENSATION TO CIVILTEC ENGINEERII INC. FOR CONTINUING INSPECTION SERVICES ON THE ROSEDALE WA RESERVOIRS AND WATER PUMP STATIONS RECOMMENDATION It is recommended that the Utility Board/City Council approve the reimbursable addition of $20,000 to the Civiltec Engineering, Inc. contract pursuant to Azusa Municipal Code (AMC) section 2-517(h) for continuing inspection of the Rosedale development water storage reservoirs and water pump stations. BACKGROUND At its July 24, 2006, regular meeting, the Utility Board approved a Professional Seryices Contract with Civiltec Engineering, Inc. to perform inspection of water storage reservoirs and water pump stations installed by Azusa Land Partners (ALP), the Rosedale developer. The costs of the inspections are reimbursable in part by ALP. At this time, the contract limit of $330,000 has been reached and no additional payments may be made to Civiltec unless Ithe contract amount is amended. This request for approval of additional compensation is made to comply with AMC section 2-517(h) which requires contract amendment amounts greater than $10,000 be approved by the City Council. Approval of an additional $20,000 toIthe existing contract will authorize the Finance Department to continue to pay Civiltec up to $350,000 in aggregate. FISCAL IMPACT This request has limited fiscal impact in the amount of $20,000. The City has a partial funding obligation for the 890 reservoirs of approximately 72%. The 1023 Reservoir and 1023 Pump station are funded by ALP in their entirety. The approved additional payments to Civiltec will initially be funded from the Capital Improvement Budget Account 32-80-000-721- 7130/72107A-7130. {{ Prepared by: Chet Anderson, Assistant Director- Water Operations 035 i AZUSA II4HT t WATF[ I 1 CONSENT CALENE j, TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD f AND AZUSA CITY COUNCIL j FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIE� i DATE: APRIL 28, 2008 SUBJECT: ADDITIONAL COMPENSATION TO CIVILTEC' ENGINEERS FOR INSPECTION ON PROJECT W-238 REPLACEMENT PIPELINE. INSTALLATION ON CYPRESS' & SUNSET ET AL AND AN EXTENSION OF THE CIVILTEC INSPECTION SERVICES CONTRACT RECOMMENDATION It is recommended that the Utility Board/City Council approve the addition$45,000_to the Civiltec Engineering Contract for Inspection Services on Project W-238 replacement pipeline installation on Cypress and Sunset et al. It is further recommended that approval be gra id te to extend the Civiltec Contract for Inspection Services to June 30, 2008. BACKGROUND At its April 23, 2007 regular meeting, the Utility Board approved h $58,20vrotessionai Services Contract with Civiltec Engineers to perform inspection of water pipe'Iine installation I' for project W-238 in Cypress and Sunset Streets. The Contract was set to expire December 31, 2007. At the January 28, 2008 meeting, the Utility Board approved an additional $22 000 I and an extension of the contract to March 31, 2008. Due to the project running over tie -elate i of completion and additional time on the site required to observe the contractor] an i additional $45,000 is necessary to compensate Civiltec for the time the inspector has spent I on the project. i Although the contractor, J. DeSigio Construction, estimated that the project wouldbe complete around February 13, 2008, the contractor has not completed final items for, the project which have required additional inspection time, though not fulltime. The justified days beyond the contract completion date of November 7, 2007, have not yet been calculated, nor have liquidated damages been calculated for non -justified days,beyond-the completion date. Liquidated damages for non -justified additional days are ($500 p-er„day, and liquidated damages will be deducted from the contractor's retainage be ore the project Final Notice of Completion is approved. 1 036 f I i FISCAL IMPACT This request has a fiscal impact of $45,000. The additional payments to Civiltec approved will be funded from the.Capital Improvement Budget Account 32-80-000-721-7130/72107B- 7130. 2-80-000-721-7130/72107B- 7130. The Civiltec contract will be extended to June 30, 2008. Prepared by: Chet F. Anderson, P.E., Assistant Director- Water Operations 037 C 40V (409 AZUSA ❑ ST t'd'ATIR TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: APRIL 28, 2008 SUBJECT: ADDITIONAL REIMBURSABLE COMPENSATION TO WREN & ASSOCIATES CONTINUING INSPECTION ON ROSEDALE PIPELINE INSTALLATION RECOMMENDATION I It is recommended that the Utility Board/City Council approve the reimbursable addition of $20,000 to the Wren &Associates contract pursuant to Azusa Municipal Code (AMC) section 2-517(h) for continuing inspection of the Rosedale development pipeline installation. i IBACKGROUND At its December 19, 2005 regular meeting, the Utility Board approved a Professional Sery'Ices I Contract with Wren & Associates to perform inspection of water pipeline installations by the developer of the Rosedale development. Currently, the contract limit of $170,000 has Been reached and to continue services the amount must be amended. The costs of the inspection are reimbursable by Azusa Land Partners (ALP), the developer of Rosedale. To date, all ofi the money paid to Wren by the City has been submitted to ALP for reimbursement. This request for approval of additional compensation is made to compiy with AMC section 2-517(h) which requires contract amendment amounts greater than $10,000 be approved by the City Council. Approval of an additional $20,000 to the eAsting contract will authorize the Finance Department to continue to pay Wren up to $190,000 in aggregate. FISCAL IMPACT This request has NO FISCAL IMPACT. The additional payments to Wren approved will be initially funded from the Capital Improvement Budget Account 32-80-000-721-7130/721 7130. The compensation paid to Wren by the City will then be reimbursed by ALP. Prepared by: Chet Anderson, Assistant Director- Water Operations 038 I l i 17 AZUSA LIGHT R FATII I 1 S CONSENT CALENDAR i' f � i j TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL i FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES^ DATE: APRIL 28, 2008 SUBJECT: NOTICE OF COMPLETION - CAPITAL IMPROVEMENT PROJECT i PROJECT WVF-239, GLADSTONE YARD IMPROVEMENTS + i RECOMMENDATION It is recommended that the Utility Board/City Council accept The Gladstone yard Improvements Project WVF - 239, and direct the City Clerk's Office to execute the Notice of Completion and also have the same recorded at Office of the Los Angeles County Recorder. BACKGROUND The Water Division undertook a project to improve the Gladstone Yard on West Gladsl Avenue. The project involved building a block wall on the east south and west side of 4' entire yard, construction of three material bins, v -drains, concrete slab platform for waste and paving and appurtenances on the south half of the yard. FISCAL IMPACT The fiscal impact of approving Notice of Completion involves the payment to MG Enterprizes Inc., following the statutory 35 day waiting period, of $27,495.50 currently held by the City as retainage on this project, from capital improvement project budget account number 72106A/7130. I Prepared by: Chet F. Anderson, P.E., Assistant Director, Water Operations NOC-MGEnt. pdf 0:39 RECORDING RECUESTED BY Azusa City Clerk AND WHEN RECORDED MAIL TO: r �FrE sT�a City of Azusa . ss 213 E. Foothill Boulevard C .SrAEs Azusa, CA 91702 Zs CODE SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 70 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that: t. 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 Citv of Azusa Liqht & Water 3. The full address of the owner is 729 N. Azusa Avenue, Azusa, CA 91702 4. The nature of the interest or estate of the owner is: In fee. (FOTHEA T11Nr MS E -W FFF`. ROU ERT. I. Exaun.E. "MCH43FA UHOER COMMCr OF R ;Zzz4' an -MM 5. The full names and full addresses of all persons, if any, who hold tide 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 W 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 _ April 17, 2008 The work dare was: Gladstone Yard Improvements- Perimeter block wall and Davin. 8. The name of the contractor, if any, for such wwkof improvement az MG Enterprizes 14151 Chandler Blvd. Sherman Oaks. CA 91401 06/25/07 IFF Ho COHTR.KTOR FOR Y OF navaovFMEHr AT • YRIOEF. DEF.4 'MOHE'7 ME a pnMEn - 9. The property on which said work of improvement was completed is in the City of Countyof Los Angeles ,Statoof CA . and is described as follows: Gladstone Yard Improvements—Perimeter block wall and 'paving_ 710 W. Gladstone Avenue, Azusa, " 70. The street address of said property i5 CA 91702 ra snOaT Roouss HAS aFFH oaw4ur wssoFRo, ursERr HOHe'd Dated: April 28, 2008 Is1o,4TURE fIF OHHEA a0.00RPeg4TF OFgC6'i pF DlVHrp'HNIFD WR,�MOIIVH DR HK ArfHn Joseph R. Rocha VERIFICATION I, the undersigned, say: I am the +`faYOr_ the declarant of the foregoing notice of completion; [ PRE9DFlrf rF . HLHRDER Os , PARmER DP . r�4110e , ETC.f-- 1 have read said notice of completion and know the contents thereof: the same is true of my own knowledge. 1 declare under penalty of perjury that the foregoing is true and correct. , Executed on —,at (CITY) (STATE) IPatSOHAE 90H4TeRE OF THE WDWa>ULL WHO a SVIFRIFHO TWr THE COxTENTS OF THE HOME OF C O.eu oHe Taut) WOLCOTts FOAM 1114. An. b% tWb d— 3,.1 Nal OF COMPUFTICH r'195f wacaTTS FO.S. WC (See reverse side for addtlonal Information) 7 11[�457775� IIIIIII�l��1� 5 ME 1 AZUSA LIGHT I. 'A'ATII TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: APRIL 28, 2008 SUBJECT: WATER TREATMENT PLANT IMPROVEMENT PROJECT COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY WASTEWATER CONNECTION FEE I RECOMMENDATION It is recommended that the Utility Board/City Council approve the Canyon Water Filtration Plant Wastewater Connection Fee of $28,214.81. , BACKGROUND The Water Division is currently constructing improvements to, and expansion of, the Canyc Filtration Plant on Ranch Road. The existing Canyon Filtration Plant was originally owned ar operated by Azusa Valley Water Company, and is now owned by the City of Azusa. Under Azusa Valley ownership, the Plant wastewater flows were handled by a septic system, and site was not annexed to the County Sanitation Districts Service Area. Now that the Filtratio Plant site has been annexed to the Sanitation Districts Service Area, a connection fee payrT is required by the Sanitation Districts before the Filtration Plant Sewage Lift Station Forcem can be connected to the Sanitation Districts sewer line in San Gabriel Canyon Road. FISCAL IMPACT The fiscal impact of approving the Connection Fee is $28,214.81 to be paid from the W Bond Funds designated for Water Filtration Plant Improvement Project expenses, capital improvement project budget number 72107C. , J Prepared by: Chet F. Anderson, P.E., Assistant Director, Water Operations LAM-Charges.pdf n 641 Status As Of April 21, 2008 Account Number 2020900 Permit Number 20120 FOR DISTRICTS USE ONLY Payment Received Postmark Date I Date Received GrooP No. I Received By Company Name: Azusa Light and Power for 729 N. Azusa Avenue property 1870 Ranch Road Azusa, CA 91702 located Azusa, CA 91702 at Please return the green copy of this form with payment within 45 days of the date of this invoice. Payments received after 45 days are considered delinquent and are subject to penalty and interest penalty charges. TOTAL CAPACITY USAGE AT SITE ................... 17.43 CU'S LESS CREDIT ........................................ 0.00 CU'S ADDITIONAL CAPACITY UNITS REQUIRED ........... 17.43 CU'S COST PER CAPACITY UNIT FOR DISTRICT 22 .......... $1,618.75 TOTAL NOW DUE ................................... $28,214.81 Upon receipt and verification of payment (approximately three weeks) the total number of capacity: units at the above address will be 17.43 CU's. PERMIT ISSUANCE IS SUBJECT TO PAYMENT OF THIS FEE a COUNTY SANITATION DISTRICTS 'EPHEN R. MAGUM OF LOS ANGELES COUNTY ief Engineer and 1955 Workman Mill Road P. O. Box 4998 :neral Manager Whittier, California 90607 - 4998 (562) 699-7411 INDUSTRIAL CONNECTION FEE NOTICE OF CHARGES Status As Of April 21, 2008 Account Number 2020900 Permit Number 20120 FOR DISTRICTS USE ONLY Payment Received Postmark Date I Date Received GrooP No. I Received By Company Name: Azusa Light and Power for 729 N. Azusa Avenue property 1870 Ranch Road Azusa, CA 91702 located Azusa, CA 91702 at Please return the green copy of this form with payment within 45 days of the date of this invoice. Payments received after 45 days are considered delinquent and are subject to penalty and interest penalty charges. TOTAL CAPACITY USAGE AT SITE ................... 17.43 CU'S LESS CREDIT ........................................ 0.00 CU'S ADDITIONAL CAPACITY UNITS REQUIRED ........... 17.43 CU'S COST PER CAPACITY UNIT FOR DISTRICT 22 .......... $1,618.75 TOTAL NOW DUE ................................... $28,214.81 Upon receipt and verification of payment (approximately three weeks) the total number of capacity: units at the above address will be 17.43 CU's. PERMIT ISSUANCE IS SUBJECT TO PAYMENT OF THIS FEE a 7 f I TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA U AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: APRIL 28. 2008 SUBJECT: AUTHORIZATION TO ENTER INTO A LONG TERM POWER SALE WITH SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY FOR RENEWABLE ENERGY FROM METROPOLITAN WATER DISTRICT I RECOMMENDATION It is recommended that the Utility Board/City Council approve the long term power sales agreement with Southern California Public Power Authority (SCPPA) for the renewable energy output from small conduit hydro facilities operated by the Metropolitan Water District ("MWD") and authorize the Mayor to execute the agreement with SCPPA upon 'the preparation of the final agreement. BACKGROUND The Utility Board/City Council adopted a Renewable Portfolio Standard (RPS) in May, 2003, as revised in September 2007 in response to California's mandate requiring electric utilities to meet certain portion of their customers' energy needs from renewable resources. The current City's RPS goal is to achieve 20% renewable by no later than December 31, 2010 and no less than 33% renewables by no later than December 31, 2020. Toward the RPS goal, the City 'has entered into several renewable energy contracts in the past four years. The proposed power sales agreement (PSA) between SCPPA and the City will enable the City to achieve the goal of 20% renewables by December 31, 2010. The history of the proposed PSA with SCPPA is fully described in the following. i A. SCPPA 2006 RFP FOR RENEWABLE ENERGY In November 2006 SCPPA issued a request for proposals (RFP) for renewable energy projects on behalf of its members. MWD submitted a proposal for the output of nine existing s all conduit hydro facilities throughout MWD's water delivery system in Southern California. In the past sixteen months, SCPPA and the participating SCPPA members worked dilic toward a mutually acceptable long term power purchase agreement with MWD. negotiations were at times highly uncertain due to the fierce competition from other pot 043 r purchasers for the same resources. Early this month, SCPPA and the participating members finally reached a mutually acceptable arrangement with MWD after a long and hard bargaining negotiation process. B. SUMMARY OF THE AGREEMENT Source: Renewable hydro energy from four MWD's small conduit facilities throughout Southern California; Quantity: Actual metered output from 17 MW aggregated capacity of MWD's four hydro facilities, with estimated annual energy output of 40,130 MWh; Delivery: As available depending upon MWD's water delivery requirements; Term: 15 years commencing November 1, 2008; with pricing and contract reopener after the first five years; Price: Fixed pricing of $94.83/MWh for the first five years and after the five years, the then prevailing market price referent for renewable energy as determined by the California Public Utilities Commission or an equivalent market index for renewable energy; Contracting Parties: SCPPA will be acting as the contracting party with MWD on behalf of SCPPA participating members (Anaheim, Azusa, and Colton). The participating members will in term, enter into power sales agreements with SCPPA for their shares of the renewable output in the following percentages: Anaheim (56.4744%), Azusa (21,7628%), and Colton (21.7628%); Scheduling, Billing and Settlements: SCPPA will act as the agent on behalf of the participating members for power scheduling, billing and settlement functions. Participating members will reimburse SCPPA's costs based on their respective percentage shares. The proposed small hydro energy resource through SCPPA is an eligible renewable resource and will increase the amount of renewable energy in City's energy portfolio by approximately 8 GWh per year, representing about 3.2% of retail energy sales in FY2006-07. This resource, when combined with other renewable resources the City purchased in the last four years (Highwinds Project, SGVMWD's small hydro project, and Garnet Wind Project), will bring the City very close to 20% renewable energy by the end of 2009 and thus fulfilling City's 20% renewables by December 31, 2010 goal one year earlier. C. ECONOMICS OF THE RESOURCE The MWD renewable energy product, including all the environmental attributes, is delivered at the fixed price of $94.83/MWh for the first five years or about 15% higher than the conventional spot market price for electricity in the next five years. The price premium is reflective of the fierce competition for existing and local renewable resources in today's IMF I market environment; nevertheless this premium is on the low end of spectrum of the premiums observed in the more recent vintage proposals (2007 vintage) for renewable energy. I Azusa's annual cost for the expected average output of 8,000 MWh is approximately $760,000. This cost is expected to be between $90,000 to $125,000 per year higher than local spot market energy sources (non-renewable resources) in the next five years, resulting in a system -wide retail rate impact of up to 0.4% for the period. At t 's _L_ , staff does not anticipate a rate increase is necessary to pay for the cost of this resource in the next five years Due to the large size of the agreements, copies of the substantially final agreements are available for public review at the 2nd Floor front counter of Azusa Light and Water Department. FISCAL IMPACT The MWD renewable energy product through SCPPA is expected to cost up to $760,000 per year. Funds have been preliminarily budgeted in the FY 08-09 Purchased Power Cost budget item to pay for the purchase. Future costs under the agreement with SCPPA will be budgeted in the annual budgeting cycles. I Prepared by: Bob Tang, Assistant Director Resource Management Attachments: I. Presentation 0LA RPS PPA Pres.ppt 2. Agreements Available for public review at the 2"d floor front counter of Azusa Light & Water, 729 N. Avenue, Azusa, CA 91702: MWD PSA SCPPA-Azusa 2008-0 MWD-SCPPA PPA (Clean) 2008-04-01.c 045 Renewable Resource Purchase from MWD April 28, 2008 000 0000 00000 0000 00000 0000 0000 0 0 City's Renewable Portfolio Standard (RPS) sets the goals of: 000 0000 00000 0000 00000 0000 0000 0 0 a) 20% renewables by December 31, 2010 b) No less than 33% renewables by December 3172020 SCPPA's 2006 Renewable RFP • MWD participated in SCPPA's 2006 Renewable RFP offering its local small conduit hydro power. Negotiation has successfully completed in early April 0 a 000 0000 00000 0000 00000 0000 0000 00 3 MWD hydro power purchase terms: 000 0000 00000 0000 00000 0000 0000 0 0 • 15 -year agreement with pricing and contract reopener after 5 years • Fixed price of $94.83/MWh for the first 5 years • SCPPA contracts for MWD's power on behalf of Anaheim, Azusa, and Colton • The SCPPA Cities in term contract the power with SCPPA _ _ _ _ The City proposes to contract annually approximately 8,000 MWh of MWD hydro generation from SCPPA 0 ca H The City will substantially achieve the 20% renewable by December 31, 2010 goal with this purchase from MWD 000 0000 00000 0000 00000 0000 0000 0 0 Project Name Date of Agreement Project Status % of FY 06-07 of Retail Sales High Winds August, 2003 Online 6.30% SGVMWD Small hydro September, 2006 Online 1.00% Gamet Wind September, 2007 Under Construction (Summer 2008) 8.80% MWD May, 2008 Online 3.20% O rs O 5 I AZUSA LIGHT R WATER TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: APRIL 28, 2008 SUBJECT: ADOPTION OF LEGISLATIVE POSITIONS RECOMMENDATION It is recommended that the Azusa Utility Board/City Council adopt the legislative positions attached to this report and authorize the Mayor to sign letters addressed to legislators as may be required during the remainder of legislative session to advocate the adopted positions. BACKGROUND The State legislative session begins in January and concludes in September. During the first part of the session, our affiliate associations, such as the California Municipal Utilities Association (CMUA) and Southern California Public Power Authority (SCPPA), review bills introduced and highlight those that may be of interest to their municipal utility members. The CMUA and SCPPA Legislative Committees then take positions on various bills, and our associations together with its members, proceed to contact the State Legislature to advocate the adopted positions. To authorize Azusa staff and the Mayor to advocate many of the positions adopted by our affiliate associations, staff recommends that the Utility Board/City Council adopt the positions as set forth in the attachment to this report, for the respective,, bill listing, and authorize the Mayor to sign legislative letters to advocate the adopted positions during the remainder of the legislative session. For the Utilities Department, Green House Gas (GHG) legislation continues to be the dominant theme of many bills this year, covering topics like energy efficient building requirements, renewable power generation, and net metering to ensure those generating power get a credit. There are a host of other related bills including studies and other financial incentives. Legislation also reflects ongoing concern witli California's water supply and Bills have been introduced to encourage water efficient building standards, increase usel of recycled water, provide funding for better management of Delta water, better manage groundwater supplies, and streamline construction of new water infrastructure. Other miscellaneous concerns reflected by legislation include the theft of nonferrous metals, curbing use of plastic bags at grocery stores and polystyrene, banning metallic balloons that cause power outages, defining future "higher -tech" solid waste facilities, imposing fees Ion alternative daily cover (yard waste) to finance construction of compost facilities more electronics waste from landfills. As you may recall, in January 2008, Athens Services reported that legislative support was mounting to change how waste diversion will be measured in the future. Athens indicated that the State would be moving to a "per capita" formula to measure recycling. While this may still happen, SB 1016 (Wiggins) has not yet been amended with the "per capita" language. SB 1020 (Padilla) was introduced last year and passed through the Senate and is now awaiting a hearing in the Assembly Appropriations Committee. SB 1020 would increase the State's waste diversion mandate from 50% to 60% by 2012 and 75% by 2020. SB 1020 is opposed by a number of agencies including the Los Angeles County Solid Waste Management Committee/Integrated Waste Management Task Force. FISCAL IMPACT There is no immediate fiscal impact of adopting either a Support or Oppose position on any one of the attached legislative bills. Prepared by: Cary Kalscheuer, Assistant to the Director of Utilities 052 P q SELECTED LEGISLATIVE POSITIONS FOLLOWING POSITIONS FROM CALIFORNIA MUNICIPAL UTILITIES ASSOCIATION (CMUA) CA AB 503 Public Agencies: Overtime: Notice Swanson (D) Requires the Research Bureau to conduct a study on issues related to a requirement that state and local agencies provide a specified number of hours' notice to employees who are required to work overtime. Requires the study to address the impact on employers and employees. POSITION: OPPOSE CA AB 844 junk Dealers and Recyclers: Scrap Metal and Alloys Berryhill (R) Prohibits a junk dealer or recycler from providing payment for non ferrous material, the payment is made by check, the check is provide no earlier than 3 days after the date of sale, and the dealer or recycler obtains certain identifying informationto be retained by the dealer or recycler for a certain period of time. Provides these provisions do not apply to the redemption of such materials of a certain value at a recycling center, a coin dealer, or automobile recyclers. Prohibits related actions. POSITION: SUPPORT CA AB 1062 School Facilities: Standards: Solar Design Plans Ma (D) Requires the Division of the State Architect to develop uniform standards for a preapproved solar design plan for a school facility that complies with the rules and regulations adopted by the department and the applicable requirements of the State Building Standards Code. Requires the Department of General Services to approve a solar design plan application submitted by a school district that conforms to the standards within a specified period of the submission. POSITION: SUPPORT , CA AB 1451 Property Tax: New Solar System Exclusion Leno (D) Modifies property tax exclusion related to the construction or addition of an active solar energy system. Requires the State Board of Equalization to prescribe the manner, documentation and the form for a taxpayer to claim the exclusion. Requires reduction of base year value of such residences by the value of the active solar energy system, less the amount of rebates. Includes new construction. POSITION: SUPPORT 4/16/2008: In SENATE. to Rules Coi for assignmi Policy Comr 0 4/16/2008: In SENATE Business, Professions and Economic Development. 4/16/2008: In SENATE Appropriations. 4/16/2006: In SENATE F and Taxation Committee. 053 1 CA AB 1602 Environment: Sustainable Communities Nunez (D) Establishes the sustainable communities and urban greening grant program. Grants to local public agencies and nonprofit organizations for the purpose of improving the sustainability and liability of communities through the development of green infrastructure that provides multiple benefits, including improved air and water quality, energy and water conservation, climate change mitigation and recreational and other community benefits. POSITION: SUPPORT CA AB 2723 Safe Drinking Water, Water Quality and Supply De La Torre Relates to water conservation. Appropriates funds. Provides (D) that these funds may be expended for grants to cities, counties, and cities and counties for the development of dual water piping to allow for the delivery of potable and recycled water for landscaping purposes to commercial, industrial, and residential buildings. POSITION: SUPPORT CA AB 2724 Local Fines for Metal Theft Benoit (R) Provides that a person convicted of grand theft involving wire, cable, copper, lead, solder, mercury, iron, or brass of any kind belonging to a railroad, telephone, telegraph, gas, water, or electric light company or county, city, public utility service, or farm, ranch, industrial facility, or other commercial or residential building, shall be subject to a fine to be used for metal theft enforcement efforts by that jurisdiction. POSITION: SUPPORT CA AB 3030 Local Publicly Owned Water Utility Brownley Authorizes a local publicly owned water utility to adopt a multiyear rate schedule establishing water service charges and fees. Requires that the rate schedule be adopted by the governing board of the utility in a public ratemaking case proceeding. POSITION: SUPPORT CA SB 410 Energy: Renewable Energy Resources Simitian (D) Relates to allocations for electricity generated by an in-state renewable electricity generation facility and the evaluation of existing energy facilities seeking awards from the Existing Renewable Resource Account. Requires the Energy Commission, in making grants from the account, to establish a specified production incentive. Deletes the fuel usage reporting requirements for a biomass electric facility in order to qualify for a grant. Requires grants be based on a facility's individual need. POSITION: SUPPORT 4/16/2008: In SENATE. Referred to Committee Environmental Quality. 4/16/2008: In ASSEMBLY. Referred to Water, Parks & Wildlife Committee. 4/16/2008: In Assembly. Appropriations. 4/16/2008: In Assembly. Referred to Local Govt Committee: 4116/2008: Placed in Inactive file at request of Assembtymember Levine. 054 CA SB 447 junk Dealers >^ Maldonado Requires a junk dealer or rec cler to report s ecified written 4/16/2008: q I Y p P SENATE (R) records of all sales and purchases made in the course of Appropriations. business to the chief of police of the city or the sheriff of the county in which the junk dealer or recycler sold or purchased the junk. POSITION: SUPPORT CA SA 980 Energy: Local Public Utilities: Electric Distribution 4/16/2008: Padilla (D) Requires the Energy Resources Conservation and Development ASSEMBLYI File, following Commission, as part of the integrated energy policy report, to evaluate the adequacy of the electric distribution system of the certain local publicly owned electric utilities. Requires the evaluation to compare the adequacy of the distribution systems of the public owned electric utilities with those of electrical corporations. Requires the Public Utility Commission to assist the commission by providing related information. POSITION: OPPOSE I• CA SB 1499 Metallic Balloons Scott (D) Makes it a crime for any person to sell or distribute any I, balloon that is constructed of electrically conductive material, l and filled with a gas lighter than air, or any balloon filled with a j gas lighter than air that is attached to an electrically f conductive string, tether, streamer, or otherelectrically conductive appurtenance, except as specified. POSITION: SUPPORT CA SB 1714 Renewable Electric Generation Facilities Requires every electrical corporation to file the standard tariff, j meeting certain requirements, for the renewable energy output produced by a renewable electric generation facility. Requires the governing board of a local publicly owned electric utility' that sells electricity at retail, to adopt and implement a tariff, i meeting certain requirements, for excess electricity generated f by a renewable electric generation facilities. I' POSITION: OPPOSE FOLLOWING POSITION FROM LOS ANGELES COUNTY SOLID WASTE MANAGEMENT COMMITTEEINTEGRATED WASTE MANAGEMENT TASK FORCE I t CA AB 2640 Solid Waste: Compostable Organics Huffman (D) Would enact solid waste disposal fee of $1.40 per ton for purpose of raising funds to develop organics composting facilities. While bill effectively mandates that 50% of compostable organics be diverted from landfills by 2020, thi; is well after the closure of Puente Hills Landfill and so it will i II desirable to have composting facilities available to take yard waste before the year 2020. Previously, this bill prohibited local agencies from getting recycling credit from alternative daily cover, however, these provisions -were -amended out of the bill on April 7, 2008. POSITION: SUPPORT AS AMENDED ON 4/7/200 File. 4/16/2008: SENATE - Set Hearing in Appropriations April 21, 2008. 4/16/2008: SENATE Appropriations. 4!7/2008: Was amended to remove language to limit credit for ADC in near term, and is now in Assembly Appropriations. 055 CA AB 2829 Solid Waste: Plastic Bag Education and Clean-up 4/16/2008: Davis (D) Would require retailers using plastic bags to have printed or Re -Referred to Assembly Natural displayed on the bag an environmental awareness statement Resources after describing the negative environmental and wildlife impacts meg Passage 1° caused by plastic bag litter. If required, on or after July 1, 2009, this bill would impose a $0.25 per bag impact fee which would be put into a fund administered by the State and allocated to cities on a per capita basis for clean-up activities. POSITION: SUPPORT CA SB1016 Solid Waste: Reduces Frequency of Compliance Reporting 4/16/2008: Wiggins D gg ( ) Relates to the California Integrated Waste Management Act of g g ASSEMBLY Natural Resources 1989, better known as AB 939 - the State's recycling Committee -Hearing mandate, which requires all cities to report annual on Postponed. Bill may compliance. SB 1016 would allow cities that have achieved be reintroduced with Per Capita Formula. 50% waste diversion to report every two years instead of annually, thus reducing administrative cost of compliance. POSITION: SUPPORT CA SB 1020 Solid Waste: Increases Waste Division Requirement 4116/2008: Padilla (D) Relates to the California Integrated Waste Management Act of ASSEMBLY 1989, better known as AB 939 -the State's recycling Appropriations. mandate. AB 939 required cities and counties to divert 50% of solid waste from landfills by the year 2000. This bill would increase the waste diversion requirement to 60% by 2012 and 75% effective 2020. POSITION: OPPOSE 056 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT K. PERSON, ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER DATE: APRIL 27, 2008 SUBJECT: POSSIBLE ADOPTION OF A RESOLUTION IN SUPPORT OF THE APPLICATION BY THE SAN GABRIEL MOUNTAINS REGIONAL CONSERVANCY (SGMRC) FOR GRANT FUNDS UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOODS AND COASTAL PROTECTION BOND ACT OF 2002, AND THE WATER, SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002, AND THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (PROPOSITION 84) FOR THE AZUSA ROMVARY ACQUISITION AND TO DEFER THE CITY OF AZUSA'S GRANT APPLICATION FOR THE SAME PROJECT RECOMMENDATION It is recommended that the City Council consider adopting a resolution in support of the grant application submitted by the San Gabriel Mountains Regional Conservancy (SGMRC) and to defer the City of Azusa's grant application for the purchase of open space land referred to as the Romvary property as one of four alternatives contained in this report. I EXECUTIVE SUMMARY \ As noted in the City Council meeting of April 1�, 2008, the City of Azusa and the San Gal: Mountains Regional Conservancy (SGMRC) submitted competing grant applications to Lower Los Angeles and San Gabriel River and Mountains Conservancy (SGRMC) for acquisition of open spat re erred to as the Vazques and Romvary properties. At the i Council meeting of April 08, the City Council adopted a resolution of support for SGMRC proposal to acquire the Vazques property. No action was taken on the compel application for the acquisition of the Romvary property. 1 i BACKGROUND The Lower Los Angeles and San Gabriel River and Mountains Conservancy (SGRMC) is currently considering grant applications under the subject funding mechanisms. The City of Azusa submitted a number of grant applications under this program and has been awarded eligibility to continue in the grant process. Under the same program, the SGMRC submitted two grant applications to the SGRMC for the acquisition of open space land referred to as the Vazques and Romvary properties. These two SGMRC pplications are duplicative of two grant applications submitted by the City. On April 1j 2008, the City Council adopted, a resolution of support for the SGMRC application to'p�urchase the Vazques property. No action was taken in regard to the Romvary property. The Romvary property is a 300 +/- acre parcel of land located on the west bank of San Gabriel River adjacent to the Vulcan Materials processing plant in the City of Azusa. Itis currently used primarily as an equestrian facility. The Citybad been contacted previously by members of the SGMRC to discuss the prospect of effecting a "density transfer" on the subject property. The proposal, in essence, would be to grant development rights for 16 single family homes on the 300 +/- acre parcel of land in exchange for designating approximately 290 of the 300 acres as permanent open space. Although these discussions have taken place, no formal application has been submitted to the City in that regard. The last time staff was aware of the property being for sale, it was listed for approximately $8,000,000. The grant being applied for by the SGMRC is for $13,000,000, so it appears that the selling price of the property has increased by $5,000,000 in less than two years. Furthermore, if a formal application for "density transfer" were to be approved by the City, the dedication of the open space acreage could be made a condition of the approval at no cost. Most of the acreage on that parcel is not suitable for building due to slope and grade restrictions. City Council has several options in this regard: 1. No action on the SGMRC grant application and support the City's grant application. 2. No action on the SGMRC grant application and defer the City's grant application. 1 3. Support the SGMRC grant application and defer the City's grant application. 4. Not take action on either grant application in which case both grant applications will face a difficult time in getting funded. Due to the myriad of issues surrounding this property outlined above in addition to staff limitations to take on additional projects there is no preferred recommendation by staff on this issue. I FISCAL IMPACT There is no fiscal impact as a result of the adoption of,the resolution. Funding of proposed grant application, as submitted, would grant the SGMRC $13,000,000. P I RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, SUPPORTING THE SAN GABRIEL MOUNTAINS REGIONAL CONSERVANCY APPLICATIONS FOR GRANT FUNDING APPLICATIONS THROUGH VARIOUS CONSERVANCY AGENCIES, STATE AND FEDERAL FUNDING SOURCES RELATING TO THE ACQUISITION OF PRIVATELY -OWNED, HILLSIDE OPEN SPACE (KNOWN AS THE ROMVARY PROPERTY) IN THE CITY OF AZUSA THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Romvary Property is an important and unique habitat area for both the community and region, and WHEREAS, the Romvary Property currently consists of approximately 300 acres of habitat for wildlife and plant life which provides a rare ability'for young and old alike the chi to enjoy its beauty, and WHEREAS, the main goal of the San Gabriel Mountains Regional Conservancy (SGMRC) is to work with education groups who are interested in leaming more about native plants, wildlife and habitats in the hopes of eliminating Natur&Deficit Disorder, and 4 WHEREAS, the proposed project by the SGMRC includes seeking funds to eradicate invasive plants in the hillsides; replanting of lost compatible native plants; building of water stations to assist wildlife where permissible; educational signage, trails and programs; and trail enhancement for public access and safety for hikers, and WHEREAS, the close proximity of the Rmvary Property both schools and residential neighborhoods is a wonderful incentive to educate a large number of people about the various ecological issues regarding native habitat in the middle of an urban setting, and WHEREAS, the City has established a precedent for setting aside privately owned, hillside, open space in both the Mountain Cove and Rosedale developments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Azusa is pleased to support the San Gabriel Mountains Regional Conservancy effort and urges all funding agencies to give full and careful consideration to the proposed grant applications submitted by the SGMRC relating to providinj restoration and education opportunities for the Ramvary Property i I f Section 2. The City Clerk shall certify the passage and adoption of this resolution and enter the same in the Book of Original Resolutions. Section 3. The City Clerk is hereby directed to forward a copy of this resolution to the San Gabriel Mountains Regional Conservancy for inclusion with the grant applications to any applicable grant funding agencies. Section 4. The City Clerk is hereby directed to forward a copy of this resolution to the Los Angeles County Board of Supervisors seeking additional support for this property zoned a,, county of Los Angeles. APPROVED and PASSED this day of By: Joseph R. Rocha, Mayor ATTEST: Vera Mendoza, City Clerk APPROVED AS TO FORM: Sonia Carvalho, City Attorney STATE OF CALIFORNIA ) ' COUNTY OF LOS ANGELES )ss CITY OF AZUSA ) 20008 I, Vera Mendoza, City Clerk for the City of Azusa, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a Utility Board Meeti held on the 28`' day of April, 2008, by the following vote of the Council: AYES: COUNCIL MEMBER S: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Vera Mendoza, City Clerk i i Los Angeles Times: There's still no end in sight to California's water wars i magi ne less E®s Angeles dimes http://www.latimes.com/news/local/la-me-cap'ap 03,1,6228165.column From the Los Angeles Times CAPITOL JOURNAL anowma There's still no end in sight to California's water wars George Skelton Capitol Journal I Pagel of 3 traffic. April 3, 2008 I SACRAMENTO —Fortunately, winter snowfall in the Sierra was average. So homes haven't flooded in the Central Valley. Neither is there a drought, at least caused by nature: There is a court -caused drought, of sorts, because a federal judge is'trying to protect a vanishing little fish; the 'smelt, from being sucked into and chomped up by giant water pumps in the Sacramento -San Joaquin Delta. Consequently, there's a 30% cut in deliveries of southbound water from Northern California. But this is noticed primarily by San Joaquin Valley farmers. So although it's fortunate that no swollen rivers have burst their banks or carwashes have been padlocked,y it's also unfortunate in a way. Because public pressure is off politicians and water warriors to finally fiz California's old, vulnerable plumbing system. i We're getting close to the 50th anniversary of the last time Sacramento achieved anything really significant regarding water development. In 1959, newly elected Gov. Pat Brown cajoled and coerced the Legislature -- and later the voters -- into enacting the then -controversial California Water Project. i ,That came onlay after killer floods had inundated Northern California four years earlier. It was the worst flooding in nearly a century. The main culprit was the Feather River, a major tributary of the Sacramento River. ,The Feather flooded Yuba City and Marysville, killing more than 20 people and floating houses tov� and San Francisco Bay; 130 miles southwest. ti I i I "We must build now and ask questions later," declared state water director Harvey Banks, an exhortation he used in his many speeches selling the water project. The fish -chomping Delta pumping plant later was named after Banks. i Brown formed a coalition of flood -frightened northerners, parched valley farmers and thirsty southerners'to 'build the huge', Oroville Dam on the Feather River. He also built the California Aqueduct to deliver water south. :But Brown ran out of money for a third vital piece of the plan: a peripheral canal to funnel Sacramento River water around the fragile, brackish Delta and directly into the southbound aqueduct. Since then, the Delta fishery has tiked -- not just the tiny smelt, but popular salmon and striped bass. ;After Brown, Gov. Ronald Reagan also fell short of money and delayed building the canal. Gov. Jerry Brown ,persuaded thelLegislature to reauthorize the big ditch, but an unlikely coalition of rich farmers and skittish ://www.latimes.com/news/local/la-me-cap3aprO3,1,2382415,priiit.column I 06413/2008 Los Angeles Times: There's still no end in sight to California's water wars Page 2 of 3 environmentalists talked voters into repealing the legislation. Paradoxically, the farmers thought Brown had provided too many protections for the environment while the environmentalists believed he hadn't provided enough. And that's pretty much where we are today -- except that when these facilities were built, California had 16 million people. Today there are 38 million. We didn't know back then about global warming reducing the Sierra snowpack and melting it faster, threatening even worse droughts and floods and making water storage even more crucial. And the earthen levees of the Delta mixing bowl weren't crumbling as they are today. But there still are the same water wars: north versus south. Environmentalists versus developers. Everybody versus farmers. Delta farmers versus valley farmers. "This issue is more important to the long-term economic viability of California than any other issue, including budget reform," says Steve Merksamer, a political lawyer, former chief of staff to Gov. George Deukmejian and a key player in a recently aborted attempt to sponsor a water bond initiative for the November ballot. "Without water, people die. Forget growth. People will die. "And the fact is, water is going to get extraordinarily expensive. People are complaining about gas. Wait until they start seeing their water bills. Everybody's talking about raising rates.... Pm not even talking about if, God forbid, there's a massive earthquake that craters the Delta." Allan Zaremberg, president of the California Chamber of Commerce, who led the recent initiative effort, puts it simply: "The Delta is the heart of California's water -supply system. And if the Delta has a heart attack, we're not going to be able to deliver the water to the rest of the supply system." The unsuccessful initiative attempt is the latest example of California's perpetual water gridlock. Frustrated with the Legislature's failure to strike a compromise, a coalition of business, agriculture, labor and water leaders drafted a $11.7 -billion bond measure. It would have paid for dams, underground storage, environmental and levee fixes, and established criteria for some version of a peripheral canal. U.S. Sen. Dianne Feinstein (D -Calif.) flew to Sacramento at Gov. Arnold Schwarzenegger's invitation to help broker the deal, but the coalition began falling apart. The Westlands Water District, representing valley farmers, balked because the proposal didn't guarantee a Delta fix. The environmental lobby objected to the dams and a possible canal. Both told Feinstein the measure wouldn't pass. She backed off. And the coalition, lacking broad, bipartisan support, gave up trying to qualify a measure for November. Feinstein fired off a letter to state Senate President Pro Tem Don Perata (D -Oakland) and Assembly Speaker Fabian Nunez (D -Los Angeles) declaring that she was "dismayed to learn that Democratic leadership in the state Legislature has refused to come to the table with the governor and Republican leadership to find a legislative solution to the water crisis." Since then, there have been negotiations between Democratic Sen. Mike Machado, a water -savvy Stockton - area farmer, and the incoming Senate Republican leader, Dave Cogdill of Modesto. Both say they're making progress. But even so, the Assembly is showing little interest in water. And the Legislature seems mired in an awkward leadership transition. So it's looking like yet another year without progress. "They could get it done," Feinstein told me, "if people would do what they're elected to do, which is to lead and solve problems, even if its painful, and cut across special interests and do the right thing." If history's any guide, they'll wait for the next deadly flood or drought. http://www.latimes.com/news/local/la-me-cap3apr03,1,2382415,print.column 4[3/ 0 2008 tj 4. Los Angeles george.sk( There's still no end in sight to Califomia's water.wars itimes. com If you want other stories on this topic, search the Archives at latimes.com/archives. I IMS6eprinls Article licensing and reprint options i Copyright 2008 Los Angeles Times I Privacy Policy I Terms of Service Home Delivery I i dvertise I Archives I Contact I Site Map I Help partners: kd-50b h4p://www 4 9 i 1,23 82415,print.column Page 3 of 3 4/3/2008 0:6 3 Officials lament public's apathy to looming water crisis - SGVTribune.'com sg0ribune,comn Officials lament public's apathy to�iooming water crisis I i I By Jennifer McLain, Ste I Article Launched: 04/2E • Photo Gallery: I Facility • Database: Datal With the simple tH spills from the tap At the end of the r it's higher, its not So what's to be w According to local most people knoll I "It's kind of like ga director on the WI Southern Califom when gas was $2 starting to see tha I Even as cities anc impending crisis, conservation and public remains ap the San 18 11:08:56 PM PDT id Dreier Water Treatment e of Water Agencies of a knob, clean water ith, the bill comes, and if much. about? officals: more than oline," said Albert Robles, er Replenishment District of i. 'The public didn't notice i gallon, but at $4 they are there is a problem." water agencies warn of sking for increased romising hikes in rates, the thetic, water officials say. Valley and Whittier areas, there are 60 agencies that supply water to 2 million residents and have a combined budget of nearly $624 million, yet there is little public interest in the decisions that these agencies make. At the polls, few voters tum out. Water board meetings rarely attract an audience. And even when elected water officials are caught in scandals, such as Three Valleys Municipal Water Director Xavier Alvarez, who is on trial for lying about receiving the Medal of Honor, the public shows little interest in their water districts. "Are we in a water crisis? You bet your life we are," said Edward Little, director at the West Basin Municipal Water District. "The public needs to understand that there are water problems and they need good people to represent them. But its a very complicated business, and it is hard for people to understand it." Droughts, contaminated groundwater, a reduced supply of imported water, environmental pressures and a lack of funding for infrastructure are a few of the obstacles facing water agency and governmental officials. In February, Gov. Arnold Schwarzenegger called on the public to reduce water usage by 20 percent in 12 years by doing things like cutting back on watering their lawns, taking shorter showers and getting low -flush toilets. But water officials believe these requests may soon become demands and that the public soon will see the crisis reflected in their bills. srvtr bunexom (soo) 788-1 V SAN GABRIEL VALLEY • • _ / u . ter^ ^^�" Ctl1 "i.+' Subscribe today' ........ o....f.a...ne �nm/v.h cr•riho = .:�:�.—'`�. !.,• �__-_- �Rl{�9i5 http://www. I 8?source=email Print Powered By M Page 1 of 5 4/28/2008 Officials lament public's apathy to looming water crisis - SGVTribune.com "We're not talking about,'Gosh, maybe we need to prevent a future crisis: We are facing the crisis today," said Tim Quinn, executive director of the Association of California Water Agencies. 'There is a disconnect with the public." That is largely because regional water agencies have spent billions in developing water storage, and those reserves are being drawn on today. In five years, those supplies will be gone, he said. "All of our sources are suffering challenges," said John Morris, a director on the Metropolitan Water District of Southern California who represents San Marino. Fee hikes, conservation Rate hikes and mandatory conservation methods have already begun in some areas. A 14 percent fee increase that was approved last month by the region's only imported water supplier, the Metropolitan Water District of Southern California, will impact almost every water agency in the San Gabriel Valley. The increase, which will add about $1.50 per month to the average bill, affects 18 million Southern Californian residents and will take effect in 2009. Central Basin Municipal Water District predicts the average household water bill will increase as much as $25 a year in the next three years. Advertisement In some cities, mandatory conservation efforts have already been implemented, and officials believe they will become more widespread. This could include fines for too much outside water use or tiered rate systems that charge high -use water consumers more. Long Beach declared a water emergency last fall, and Azusa Light and Water imposed mandatory conservation methods on its consumers last November. MWD is expected to discuss more serious conservation efforts at its board meeting next month. "A number of directors have urged MWD to declare a higher state of emergency as we dip into our reserve water supply during this drought," said Anthony Fellow, a director at the Upper San Gabriel Valley Municipal who sits the MWD board of directors. Heightened awareness by the governor and those who depend on imported water is largely due to a court ruling last September that reduces pumping by 30 percent of the San Joaquin - Sacramento Delta to protect the Delta Smelt, an endangered species. The supply could be further reduced if a judge finds that pumping the Delta also has an effect on salmon. "What is happening today is that water supplies are being reduced by a fairly substantial amount Qu W., rtrib u.ne.com (800) 788.1 SAN GABRIEL VALLEY _ Subscribe today! www.sgWribune.com/subscribe .eb.,.e M Print Powered By f"dormatDynamics" Page 2 of 5 http://www.sgvtribune.com/ci_9068638?source=email 4/28/2008 lament at the stroke of a said. Local water ager Locally, the 60 we combination of im aquifers. These agencies - c6mpanies that sf owned departmer people - employ in haphazardly form century, when agi imgation. The cro homes and businf cleaner water. "Like a lot of thing a situation where again, they would different system," spokesman for thi Control Board. "Bi have today, and H What resulted wa pipes, inconsiste( disorganized ove conservation effo Eng, D -EI Monte. "One agency in B encouraging con; the street to the n wasting water," E apathy to looming water crisis - SGVTribune.com in the courtroom," Quinn agencies rely on a ted water and local rich range from mutual e 300 customers to city - that supply water to 90,000 ny 1,250 people. They were at the tum of the 20th dturallands needed were eventually replaced by :es, all needing more and in government, it is probably they had to do it all over irobably end up with a very aid William Rukeyser, state Water Resources t this is the reality that we have to deal with it." an overlapping system of rates, a disparity in service, ight and unbalanced >, said Assemblyman Mike win Park could be ration, but then you go across city and you see someone said. "We need to have uniformity among water agencies." The agencies serving customers in the San Gabriel Valley can broken down into several categories: mutual, private, municipals and special districts. Some cities, such as Downey, rely entirely on the city -run department of water to provide all of its residents with water. Other cities, such as Rosemead, have no water rights and depend on a variety of water companies to service their water. But most cities, such as EI Monte, rely on a combination of these water agencies for their supply. "A lot of people just get their water and don't know or care where it comes from," said John Lopez, general manager of the Altadena-based Las Flores Water Company. Some water officials realize that Southern Californians have heard this 'water crisis" talk before. The discovery of contaminated groundwater in the San Gabriel Valley, a lack of water storage facilities, conservation pushes and droughts are nothing new to the region. But what makes this different compared to past threats, they say, are other mounting financial concerns - including healthcare, budget deficits and education - that the state is facing. (800) 788-12 http://www. _906863 8?source=email Print Pow( Page 3 of 5 i Subscribe today! www--- sgvtribune.com/subscribe - ��__-P---=_, � _=__ --- w_ E-_ -';-_____- http://www. _906863 8?source=email Print Pow( Page 3 of 5 i Officials lament Public's apathy to looming water crisis - SGVTribune.com sgvfribune.com 'This is worse than your kid not having an education," Eng said. "Try your kid not having drinking water." jenn fifer. m cl a i n@sgvn.co m (626) 962-8811, EM. 2477 sxnribunexom SAN GABRIEL VALLEY Subscribe today! www.sgvfHbune.com/subscribe (800) 788=12 Print Powered By ;E -d) FormatDynamics Page 4.9f 5 a ttp://www.sgvtribune.com/ci-9068638?source=email 4/28/2008 PROJECT: —PROJECT - GENERAL CONTRACTOR: DESIGN ENGINEER: CONSTRUCTION MANAGER: PROJECT CONTRACT AMOUNT: CHANGE ORDERS TO DATE: MONTHLY ACTIVITIES As of 4/24/08 —----- -- - -MONTH L -Y -REPORT— - —---------- - - - - — - - APRIL, 2008 MEMBRANE TREATMENT UPGRADE OF THE CANYON FILTRATION PLANT SSC CONSTRUCTION INC. BLACK &VEATCH INC. BLACK & VEATCH, INC. $35,905,500.00 $36,251,072.84 $100,642.76 10 DAYS Approved July 23, 2007 $164,975.54 14 DAYS Approved Sept 24, 2007 $57,261.33 4 DAYS Approved Nov 26, 2007 $22,693.21 0 DAYS Approved Feb 25, 2008 Construction progress meetings were held March 27, April 10 and April 24 Pretreatment Building tube settlers, mixers and pumps installed. , Various plant piping and electric conduit installed DYK reservoir deck poured and transfer pumps set O&M Building sub roof installed and interior wall framing installed Chemical Feed Building chemical tanks installed and building steel and roof installed Sludge Drying Beds concrete work complete Canal Diversion Structure travelling screen installed Membrane Building walls built, membrane assemblies installed and finished water piping installed. MARCH PROGRESS PAYMENT REQUEST: $3,895,536.48 MARCH PTD O .a. TOTAL PAID TO DATE $24,234,598.79 $20,339,062.31 AMOUNT TO ESCROW $2,423,459.88 PROJECT PERCENT COMPLETE 66.85% O Cp ul TO: FROM: DATE: E -3 AZUSA I4X1 � WAIFR INFORMATION ITEM HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD AND AZUSA CITY COUNCIL JOSEPH F. HSU, DIRECTOR OF UTILITIES APRIL 28, 2008 SUBJECT: UPDATE ON SOLID WASTE ISSUES AND REFUSE RATE ADJUSTMENT This is brief report on solid waste activities carried out by Azusa Light 8- Water for the past couple months, including update on pending refuse rate adjustment with Athens Services: Waste Workshop and Rate Adjustment Update • In follow up to the January 2008 solid waste workshop with Athens Services, City staff prepared and sent Athens Services the attached letter which posed various questions to Athens on a number of subjects raised during the January workshop. The main purpose of the letter is to get Athens' formal input on these issues so that they can be considered in the planning and policymaking process to address our long-term concerns. A response to our letter is pending from Athens r 1,464 f Elffective July 1, 2008, the City has a contract obligation to adjust refuse rates. City staff began the process to calculate rate adl�ents, however, on April 2, 2008, Athens Services reguested that an additional 98*i be added to the rate base to pay for the increase • cost of diesel fuel. Athens is cared by contract to provide the City (with such request panied by an opinion from a third party, such as a I CPA. Athens has been requested to provide the City with supporti.g9d'ocume_ , ntatio properly reviewed. Staff intends to calculate rates excluding the 1 98% present Athens' request as an option. Pursuant to Proposition 218, the C t notify each property owner/customer of the proposed rate adjustments 45 -days in advance of the meeting, and so proposed rates will be printed and mailed to each customer in early May. Rate adjustments will be presented to the City Council in late June. UAL YVI-GYY t 1 Ubb Other Solid Waste and Recycling News • On February 28, 2008, the City submitted its Annual Report to the State as required by AB 939, the State's recycling mandate, and reported diverting 56% of our waste from landfills for calendar year 2006. City staff identified haulers who incorrectly reported Azusa as the source of their loads disposed at Puente Hills Landfill and adjusted the amounts out of our report to the State. Each city and county is supposed to submit their Annual Report for each calendar year by August of the following year, however, certain figures used to calculate waste diversion have not been available, and so the State extended the deadline to March of 2008, for the 2006 reporting year. • In late March 2008, staff finalized and mailed its annual recycling booklet to residents and businesses in Azusa. This booklet is somewhatlengthy because the content is intended to promote programs required by AB 939, such as Source Reduction of waste, Reuse, Composting, Grass -cycling, household hazardous waste disposal, and proper disposal of what are now referred to as Universal Wastes, which are largely retail electronics waste. The booklet was referenced in our Annual Report to the State. Pharmaceutical waste has also been in the news lately as some national studies are finding pharmaceutical waste in groundwater, and so the recycling booklet advised residents on proper disposal of these wastes. The booklet also promoted the City's Clean, Green, More Beautiful Azusa program activities, some of which are scheduled, funded or administered by Azusa Light & Water. • Staff continued administration of two block grant programs, the Used Oil Block grant and Beverage Container and Litter Reduction program grant. During first quarter of 2008, participating Used oil recycling centers in Azusa collected 3,237 gallons of used oil, 142 used oil filters, and distributed 191 free drain pans. While staff promoted a poster making contest amongst various schools to prevent stormwater pollution and educate the public about proper disposal of used oil, no poster submittals were received. This year, a large portion of the Beverage Container Recycling and Litter Clean up grant was allocated to California Resource Connections for the Think River event on April 12. CRC reported that 600 lbs of trash were collected by about 160 participants. Other Beverage Container Recycling grant funding was used to sponsor a contest amongst schools using compartmentalized recycling bins. This program continues to enjoy strong support and prizes for the contest were awarded at last City Council meeting as you know. Prepared by Cary Kalscheuer, Assistant to the Director of Utilities Liza Cawte, Administrative Technician N UrTOAthens.pdf 067 AZUSI LIGHT & WAT ro, Qu¢dify bfe Mr. Dennis Chiappetta Executive Vice President Athens Services 14048 Valley Blvd. City of Industry, CA 91716 City of Azusa April 2, 2008 SUBJECT: JANUARY 28, 2008 SOLID WASTE WORKSHOP Dear Dennis, As yol know, at the Utility Board / City Council Solid Waste Workshop on January 28, 2008, City staff presented three challenges that the City faces in the area of solid waste over the next 5 to 8 years. Those challenges remain concerns to City staff and include the following: • Having options to maintain and increase our waste diversion rate • Securing long term disposal beyond the year 2013 Controlling costs At this time, we would like more formal input from you on some of the ideas you presented at the January 28, 2008 workshop, including input from you on our concerns. Please respond to following items, preferably within the next 30 days. We would like to assess your replies to our inquiry by the end of May and possibly adopt a contract amendment to address our concerns by the end of June. 1 ' 1.1 At the meeting you said that your MRF is diverting 52% of waste. If this were the case for the City of Azusa waste stream, why hasn't this higher diversion rate and the associated tonnage been reported to the City through the current contract required reports? Please include proposal if necessary on how Azusa would achieve this level of diversion if it continues to use your MRF, including the cost. 2.At the meeting you indicated that you had options to dispose of waste after Puente Hills closes, and specifically referenced Sunshine Canyon; Landfill and EI Sobrante. However, these facilities are about 45 miles away from Azusa, and both currently have tipping fees of over $40 per ton. Given the distance and likelihood of increased tipping fees by 2013, please provide us with an explanation on how these facilities will be competitive options for us after 2013. Include both your projected transportation and disposal costs in your proposal. 3. City feels it would be in the long term interest of the City to be able to direct waste ("flow control") to other facilities besides your MRF, such as the Puente Hills MRF, or to other facilities in the future that may result from legislation or technological advances, if such facilities represent a cost savings to Azusa residents and businesses. However, the i f Azusa Light u Water 729 N. Azusa Avenue P. D. Box 9500 Azusa, California 91702 j 62618I2-5208 (phone) 6261334-3I63 (fax) wuno.azu.Ww.com (web) informationQa_usahuxoni (e-mail)' in Page 2 of 3 April 2, 2008 current contract doesn't provide this option. Compounding our concern about cost is the contract language which sets the disposal portion of the MRF rate at 75% of the Puente Hills landfill gate fee. The City requests a modification to the aforementioned restrictions. 4. Athens and the City have differed on whether Athens should increase waste diversion as our city grows since negotiating the current contract. Athens' position on this point poses risk to the city and makes the AB 939 indemnity provision null and void if Athens achieves 13,000 of waste diversion, if the City were to fall below 50% waste diversion. To illustrate our concern, take the following hypothetical example for two years: Base Year: 1995 Base Year Disposal Tons: 75 Base Year Recycling Tons: 25 Base Year Total Tons: 100 Base Year Waste Diversion Rate: 25% Next Reporting Year: 1996 Adjusted Total Base Year Tons for Growth Factors: 110 Reporting Year Disposal Tons: 85 Reporting Year Waste Diversion: 22.7% In above, the base year growth factors increased calculated waste generation tons in 1996 to 110 tons. Assuming growth factors were correct, disposal tonnage increased also by 10 tons to 85 tons; but in this case, because the City did not divert any more waste from landfills, the City experienced an erosion of its diversion rate from 25% to 22.7%. This illustrates the structural problem with City's current contract, which sets a floor of a minimum amount of diversion (13,000 tons) for Athens to meet each year, and Athens not reporting much more diversion to the City since the contract was executed in the year 2000. Due to new adjustment factors the State allows cities to use, Azusa has been lucky not to fall below 50%, however, staff are concerned this trend will not continue. We seek Athens' proposal to address this problem. 5. It has become apparent from studying the waste going into Athens' MRF, that the amount of tonnage going in, less the reported waste diversion, does not equal the total tons delivered to the Puente Hills landfill. This suggests that there is either reporting errors or that there is something taking place at the MRF which results in a reduction of weight. When questioned about these discrepancies, Christian Warner indicated that water evaporates from the waste causing it to weigh less when it goes to the Puente Hills landfill. This makes us question whether the disposal costs should be embedded into the per ton MRF rate at a factor of 75% of Puente Hills landfill rates per ton. For rate adjustment purposes we seek your consideration of a formula to calculate landfill costs based on actual tons disposed of from Azusa at the landfill as opposed to what goes into the front door of the MRF. We are also open to considering a methodology that allocates all diversion/disposal from the MRF to all cities with similar waste streams as ours, in 'a• Page 13 of 3 Aprill2, 2008 We to c proportion to our total tonnage going into the MRF, especially, if, in fact, your facility is diverting 52% of waste. Lastly, given the outlook of waste disposal in the coming years, it is certain that more distant facilities will be used for disposing waste. This will obviously add costs to our ratepayers and increase emissions of green house gases (GHG) as more fossil fuels will be necessary to transport waste to more distant facilities. Toward this end, i.e., from both an economic and environmental standpoint, it would be in the public interest to avoid such impacts. Such impacts can be mitigated to some extent through source separation of i recyclable materials. Yet, in approving our current agreement with Athens, we verbally j indicated that the City would not promote such programs. However, as the future nears, the City would like the option to adopt an ordinance and permit independent recycling contractors, and quite possibly, implement a residential source separated recycling program. Is Athens open to the City of Azusa adopting such as ordinance and implementing an automated residential source separated recycling at a cost equal to the City of Covina's program? If not, we seek your input or proposal on how to address this issue. Ad very much appreciate a written response from Athens within the next 30 days in order ide the Azusa City Council with a timely update and possible follow up actions. If yob have any questions, please give me a call at (626) 812-5219, or Cary Kalseheuer at (626) 812-5174. J Joseph F. HA Director of Utilities cc: Francis M. Delach, City Manager Sonia Carvalho, City Attorney, BBK Law 070 - - - - --- ktesid-ential-El-eetric-Rates �omiparison=Rpril-2001---- -- = - - I` PGS 0.150 SD—GEI-0.147 SCE _ 0.139 Glendale imak N zmrI 0.139 Lodi 0.138 Burbank Pasadena Alameda Lompoc Azusa LADWP Riverside 10.111 I I ® 0.108 SMUD ' .1 0.106 Iii I ® 0.104 Anaheim r:k,—. a 0.104 Redding - 0.102 iI ® 0.097 Roseville w 0.094 Palo Ali® 0.092 Santa Clara m, o.o86 0.130. 0.130 tom_ 10.126