HomeMy WebLinkAboutAgenda Packet - October 20, 2003 - CC i
AGENDA
CITY COUNCIL, THE
REDEVELOPMENT AGENCY AND
THE AZUSA PUBLIC FINANCING AUTHORITY
AZUSA AUDITORIUM MONDAY, OCTOBER 20, 2003
213 EAST FOOTHILL BOULEVARD 6:30 P.M.
AZUSA CITY COUNCIL
CRISTINA C. MADRID
MAYOR
DIANE CHAGNON JOSEPH R. ROCHA
COUNCILMEMBER MAYORPRO-TEMPORE
DICK STANFORD DAVE HARDISON
COUNCILMEMBER COUNCILMEMBER
1. CLOSED SESSION
A. PUBLIC EMPLOYEE APPOINTMENT (Gov. Code Sec. 54957)
Title: Director of Economic/Redevelopment
B. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code Sec. 54957.6)
Employee Organizations: APMA and APOA
7:30 p.m. - Convene to Regular Meeting of the City Council.
• Call to Order
• Pledge to the Flag
• Invocation - Rabbi Harlig of the Chabad of the Inland Empire.
• Roll Call
L CEREMONIAL
C
A. Director of Recreation and Family Services Joe Jacobs to introduce new Recreation Superintendent
Pam Yugar.
II. PUBLIC PARTICIPATION
PersoNGroup shall be allowed to speak without Interrupdon up to five (5)minutm, subject to
compliance rv/th appl/cable meetingrules Questions to the speaker or responses to the
speaker's questions or comments, sha0 be handled after the speaker has completed hL *ff
comments. PubUc Partic/padon %0 be limited to sbrty(60)minutes.
A. Mr. Art Morales to address Council regarding City business.
V. REPORTS, UPDATES, PENDING ITEMS AND ANNOUNCEMENTS FROM COUNCIL AND STAFF
A. Counciimember Chagnon - Update on Downtown Business Association (DBA) question of
special events permit for the year.
ad
"Downtown Business
Association Request.i
B. Request from staff for a date, time and place to hold City Board and Commission interviews.
r. CONTINUED ITEMS
A. Revised Fiscal Year 20042008 Capital Improvement Program Budget. Recommendation: 1)
Adopt the fiscal year 2004—2008 Capital Improvement Program (CIP) Budget. This will increase
appropriations for projects in the amount of$3,982,512 as Identified in Attachment A. This does
not include the Light and Water projects that were previously approved by the Azusa Utility Board
on September 22, 2003; 2)Approve a budget amendment decreasing $87,500 in Proposition 12
funds and $32,500 in Mountain Cove CFD funds in the Memorial Park Improvements project
(42003B); and Approve a transfer of $350,000 from the General Fund un-appropriated fund
balance to the Capital Improvement Program (CIP) fund.
�
1 IMPTI
grin 7M
"Revised CIP.doe "Flnal Summary CIP "Atta&ment B FOR
Projectsms. CIP.dw
10/20/03 PAGE TWO
�V SCHEDULED ITEMS
THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY TO CONVENE JOINTLY TO CONDUCT THE
FOLLOWING PUBLIC HEARING:
A. JOINT PUBLIC HEARING - regarding a Disposition and Development Agreement with Sy
Development Corporation, for the redevelopment of agency property located at 619-621 N.Azusa
Avenue (Talley Building). Recommendation: Open the Public Hearing, receive testimony, close
the Hearing. 1) Waive further reading and adopt Resolution No. 03-1138, (Agency) approving the
Disposition and Development Agreement between the Redevelopment Agency and Sy
Development, and 2) Waive further reading and adopt Resolution No. 03-C81, (City) approving
sale of real property (pursuant to California Health and Safety Code Section 33421.1, 33433 and
33445) in conjunction with the Disposition and Development Agreement between the
Redevelopment Agency and Sy Development. Further, approve a Mitigated Negative Declaration
and Mitigation Monitoring Program for the redevelopment of the agency property.
W � -M 9
TalyAgendal.dm TalleyDDA_100803.d TalleyenvChecI ts_0 Tam Reso_l.doc Tally_Reso_2.dw "Reuse Dxhibits.xls"
0c 903.doc
"Reuse '33433 Reportdoe "Exhibit A pdf" MI4_Neg_dedaration MMRP.doc
valuatim.doe pdf
THE REDEVELOPMENT AGENCY TO RECESS AND THE CITY COUNCIL TO CONTINUE.
B. PUBLIC NUISANCE APPEAL HEARING- for property located at 326 N.Azusa Avenue and request
for a continuance. Recommendation: Grant a six (6) month continuance as requested by the
property owner to correct alleged violations.
"Pub Nuis Appeal 32E
N.AMSA.DW
C. Refuse Rate Adlustment—to Cover Landfill Cost Increases. Recommendation: Waive further
reading and adopt Resolution No. 03-C82, (1) amending the agreement with Athens Services
with Athens Services to adjust rats effective November 1, 2003, to cover landfill cost increases;
(2) approve a budget amendment to the refuse Collection Account in the amount of $47,000;
and (3) recognize $5,800 in new revenue to the General Fund from Franchise Fee.
"Refuse Adjusbment
landfill CoskDW
10/20/03 PAGE THREE
RI. CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one vote.
if Staff or Counciimembers wish to address any Item on the Consent Calendar Ind/vidual/y, It w1A
be considered under SPECL4L CALL ITEMS.
+
Approval of Minutes. Recommendation: Approve minutes as written.
g0c[ober6.doc
1. Human Resources Action Items. Recommendation: Approve Personnel Action Requests in
accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable Memorandum
of Understanding(s).
"HR Action
Items.doc"
:. Notice of Completion for the Pioneer Park Pigy Eauipment Purchase and Installation as
Completed by Little Tike Commercial Play Systems. Recommendation: Approve and authorize
the filing of the notice of completion for the purchase and installation of the Pioneer Park play
equipment as completed by Little Type Commercial Play Systems. The project cost was $79,995.
WILIn
"Notice of Comp
Pioneer Park.doc"
�. Reauest to Amend Professional Services Agreement and Purchase Order with RIM Deshm Group
and to approve a Budget Transfer to Cover the Purchase Order Increase and Additional Non-
Consultant Protect Related Cost. Recommendation: (1) Approve an Increase of $3,600, to the
professional service contract purchase order with RJM Design Group; (2)Approve a budget transfer
of $8,500 from Park Planning and Development account #22-800-00-420-6345/420031-6345
(Consultants for Design and Architectural Services) to Park Master Plan account#22-80-000-420-
6345/42001 E-6345.
"Agmt RIM
Consultant.doe
E. City Treasurer's Report as of September 30 2003 Recommendation: Receive and file report.
10/20/03 PAGE FOUR
w F. Purchase of one 2004 Ford Crown Victoria CNG Police Interceptor Vehicle for Use by
Community Services Officers LQQ'S1 In the amourit of $30,000 from Pasadena Ford
Recommendation: Approve purchase of one 2004 Ford Crown Victoria alternative fuel CNG
Police Interceptor from Pasadena Ford in the amount not to exceed $30,000.
"police C50
vehide.doe
G. Classification Specification Update — Water Utility Equipment Operator. Recommendation:
Upon recommendation of the Personnel Board, adopt the updated and revised class
specification of Water Utility Equipment Operator In the Light and Water Department pursuant to
City of Azusa Civil Service Rules Section 3.3.
IR IM
"Updated Class Wtr "Specs Wtr Equip
Equip Op.DOC" Op.DOC
H. Resolution Authorizing_Payment of Warrants by the City. Recommendation: Adopt Resolution
No. 03-C83.
VIII. REDEVELOPMENT AGENCY CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one vote.
If Staff of Directors wish to address any Item on the Consent Calendar indlvidua0y, It w1I1 be
considered under SPECL41 GALL ITEMS.
A. Approval of Minutes. Recommendation: Approve minutes as written.
IBM
"Redev Min Oct
6.doe
B. Agency Treasurer's Report as of September 30. 2003, Recommendation: Receive and file
report.
"CRA Treas Rptdoe "REM Treas
RpLXLS"
C. Selection of Bond Counsel for Reflnancing the City of Azusa Redevelo mp ent ftncy 1994 Tax
Allocation Bonds. Recommendation: Waive formal request for qualification process and approve
the professional services agreement with Best Best and Krieger to provide bond and disclosure
counsel services for refunding the Agency's 1994 Tax Allocation Bonds.
MUM
in
"CRA Tax Allocation "BBK CRA Bond
Bond Cnd.DOC' Counsel Agmtdoe
10/20/03 PAGE FIVE
>. Resolution Authorizing Payment of Warrants by the Agency. Recommendation: Adopt
Resolution No. 03-R38.
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IIIIIINIIIIIIII
"Redev WR#06.pdr
K. AZUSA PUBLIC FINANCING AUTHORITY
The Consent Calendar adopting the printed recommended action will be enacted with one vote.
If Staff or Directors wish to address any item on the Consent Calendar IndAVual/y, it will be
considered under SPECIAL GALL 17LWS.
A. Approval of Minutes. Recommendation: Approve minutes as written.
"APFA-October
6AW
B. Azusa Public Financing Authority Treasurer's ReRart as of September 30, 2003.
Recommendation: Receive and file report.
rAaL
"APFATreas TreasvreE dronicAP
Rptdoe FA xls
C. Selection of Bond Counsel for Refinancing the Azusa Public Financing Authority 1994 City
Certificates of Participation. Recommendation: Waive the formal request for qualification
process and approve the professional services agreement with Best Best and Krieger to provide
bond and disclosure counsel services for the certificate refunding.
EU M
"APFA Bond "BBK APFA Counsel
Counsel.doe Agmtdoe
C ADJOURNMENT
A. Adjourn to Tuesday, October 21, 2003, at 6:30 p.m., at the Azusa Light and Water Conference
Room to conduct a workshop with Dr. Mathis.
fn compliance w/th the Amakans w/th D/sabllltiesAct, Ifyou need specla/ass/stance to partidpate/n
a cloymeedng please contact the Gty Gerk at 626-812-5229. NotiHcatlon three (3) work/ng days
prior to the meeting when spectal serv/ces are needed w///ass/5t staff In assuring that reasonable
arrangements can be made to prov/de access to the meeting.
10/20/03 PAGE SIX
YNp
st
DowntDwn Business Association RequeAJTA
The J A:.Y'•• c :•i:•rr=Assocuum tn.& -1 f me -an:J.a\\ -i process Yun. a'- }a YI -
aty couldissueam Maw'J- / -It1,_ :• .'SII D ei 9 a sideomk San evmftwdbm6e
PON'. .•3f 1 1 Ca a \ �f 0 1 f _ 'Y' a •'•' i•t1 '.3 A _i 1 -. _1 *91t. wA'a.- Y1.J 11 19 a rl' r U.11 Il _\ 'u .=ih', w=&=AIcdasA +a
I •.A1 Id SL 'i :.l 9: 4 between lrr _ :If i Gabriel - This includes
9-._n
Y Y JY T bo-ween \ and Y' a> n •
AsuficW*Co&remoinNNIM
1.Chapter Sk Div�11,Sm W0511 91 SM,89-510,TWPOMY Use
unw;�replacs culms JK'-. to operame for fimiteck defined f.-a I _ s ➢. at • Y.W'fs
Ta'-1J-w 6Z i Yf62-7. a* _ Star i ":Y J:'ar' :V'I
s>M or other aK'
\ l a Yid 1 1" .f: greatof PdAG right-of-WIT.
C
bona te,be CAmidermh
a. \he .3iL4 Y 1p10
L Aammey iscoaafttable i3resfficting this \ \ Ym'r: \ OYI:.YWest
@A
the OM "f.M1 1 • " 1 \-' i• promote _Y\V!d'1'S a'- dOP1. -B Sonia
and Greg ' • a• "latl an \: a:3r..i drY- Y' I
f Ov':n •➢S•� ilk
Oncethe ul\ a is \:a L Y' aY use •' Ne - a Idr{; rigk-o&way '\'
salesaowvr> -a - a 'd r - • ft _ groups fixon -n It. to do the
! and \ u - semce «:ab Irl;.e•a•• :'no busawmCk ➢ r '.a,
for whom8 ' IeveW Mmit is wuedthey wo-uM betheI
•,
rM
&squsstons with-PeM the DBA does not allow food vendors and Lha
o* J I I JJ Jusa dungs sandaror CqMpgqbler I
the J / now.
2. The appearance of a "perpetual yard ask"along our main condor. WoWd
as bosweas aemlouiaae be appopdale4 For ccmimplec vbdW duffing so-
called"an iquee,used merchandise(pawnshops), etc. There permit would
recommend 12 or less events per year.
3.Ls the area appoptiateT T/m arca defwedis die DBd t3'r'
to#*akwAMMAvw lot ar dkEastside gLAmaAvw
and is consistent with previously held special events=mored both by the DBA
and events that the CU or Chamber has sponsored
4.Lplamembdua.- Wak=aasolpunk bow do=Stiffax&Wfteviewark
event? With one annual permit there would be one application reviewed by staff
cad a61rr � - eweet��s 2lioetinsdd
be a AmmibrdansadmmrFW 6*iv /AaaaAw-1 fign anddaces i6r dhe cmML
One fee would he pad at time of iguame Thepermit is good for one year. not to
exceed 12 events in am calendar War The DBA will RMA details of the a nt
a minimum of 2 week prior to each event so that the City is aware of the event
and to ensure that it does not cor:fli4 with any other eventVachwiies for that
same area &M nrovtsions of the special events permit were to be violated the
Hermit would be subkct to revocation.
5. Fee for service. -Staff time may be involved in control/review of each event.
Woad this be a-am fedi A 8600 anm�al fee is beingpronosed
Currently the fee is$394 per event Sirxe there will be minimal sUff rewew once
the annual hermit is issued it is recommended that the full amount(12 events •
$394 = $4,728) not be charged
fi
AGENDA ITEM
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JULIE A. GUTIERREZ, DEPUTY CITY MANAGER
VIA: RICK COLE, CITY MANAGER w Y
DATE: OCTOBER 20, 2003
SUBJECT: REVISED FISCAL YEARS 2004-2008 CAPITAL IMPROVEMENT
PROGRAM BUDGET
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the fiscal year 2004 - 2008 Capital Improvement Program
(CIP) Budget. This will Increase appropriations for projects In the
amount of $3,982,512 as Identified In Attachment A. This does not
Include the Light and Water projects that were previously approved
by the Azusa Utility Board on September 22, 2003; and
2. Approve a budget amendment decreasing $87,500 in Proposition 12
funds and $32,500 in Mountain Cove CFD funds In the Memorial Park
Improvements project (420036)
3. Approve a transfer of $350,000 from the General Fund
unappropriated fund balance to the Capital Improvement Program
(CIP) fund.
BACKGROUND:
On October 6, 2003, staff presented to the City Council the Recommended
Fiscal Years 2004-2008 Capital Improvement Program (CIP) Budget. At that
City Council -2- September 15,2003
time, the City Council chose to hold, off adoption until some additional
information could be provided to them. Specifically the following was
requested:
1. How much of the dollars appropriated through fiscal year 2003 has
been spent for projects that are in this budget? (Attachment B)
2. Identify the projects that were In last year's budget but no longer
appear in this year's budget. (Attachment C)
Additionally, staff noted that several projects were Inadvertently missing from
the CIP document and have now been added to the budget being
recommended (see Attachment D). These projects are:
1. Zacatecas Park Improvements (new project): Staff is recommending
that $113,500 from the jobs Housing Grant be appropriated to this
project for fiscal year 2004. This project includes various
Improvements to the park.
2. US Forestry Service Gateway Station &Gardens (72103C): Staff Is
recommending $75,000 from the MWD Makeup Grant. With this
appropriation the project is now fully funded. This project Is
scheduled to break ground In late fall of 2004.
3. Capital Projects Beatification Enhancements (new project): Staff is
recommending $150,000 of Endowment Funds be appropriated.
These funds became available when the City Council chose to defund
the 210 Freeway Sound wall project. The Intent was that the funds
should be redirected to fund miscellaneous city beatification projects.
As discussed in the staff presentation, we are also recommending a change to
the prior year's appropriations. The budgetary changes listed below must be
recognized through the budget amendment process so that they can be
incorporated and reflected in the fiscal year 2004 CIP budget. The Memorial
Park Improvements (420036) project Includes appropriations that are also
accounted for In the Memorial Park Restroom (41002G). Therefore staff is
recommending decreasing $87,500 in Proposition 12 funds and $32,500 in
Mountain Cove CFD funds. This will still leave a total of $14,000 in Mountain
Cove CFD funds, which are sufficient to fund the tennis court resurfacing phase.
Finally, as part of the discussion for the adoption of the fiscal year 2004
operating budget, a total of $1.0 million in General Fund balance was set aside
to be appropriated as part of the fiscal year 2004 CIP. These funds would be
used to off-set a short fall In the CIP Fund In the amount of $350,000 as well
as funding some much needed capital park projects. At this time staff is
recommending to transfer from the General Fund to the CIP Fund the short fall
amount. A total of $509,400 of General Funds are being recommended for the
park projects and are Included in Attachment A. It should be noted that the
2
, T
City Council -3- September 15, 2003
final amount of General Funds being allocated to the capital budget is
$859,400.
FISCAL IMPACT:
The appropriations recommended In the fiscal year 2004 Capital Improvement
Program budget total $3,982,512 from various funding sources.
3
Attachment A
City Manager's Recommended Appropriation for Fiscal Year 2004
Total Est. FY 2004
Project # Project Title Project Cost lAppropriation I Funding Source
Municipal Buildings & Facilities
Eroject
A New Azusa City Library 27,640,557 384,700 General Fund
B New Trucks for Public Works 125,000 50,000 Endowment Fund
lCapital Projects Beatification Enhancements 150,000 150,000 Endowment Fund
Total Appropriations: 584,700
Streets, Sidewalks & Sewers
E
203A City Wide— New Sidewalks 1,200,000 200,000 Endowment Fund
103A Pavement Management Plan 13,784,876 1,593,264 Gas Tax Fund
EA Sewer Master Plan 5,000,000 800,000 Sewer Fund
Total Appropriations: 2,593,264
Parks & Landscaping
42003D Pioneer Park Improvements 536,000 60,000 Mountain Cove CFD
55,000 General Fund
115,000 Total
41002G Memorial Park Restroom 220,000 48,000 Quimby
12,500 Mountain Cove CFD
69,700 General Fund
130.200 Total
41002B Memorial Park Field Turf 40,000 18,000 Mountain Cove CFD
7,000 Prop 40 RZH
25,000 Total
Attachment A
Total Est. FY 2004
Project # Project Title Project Cost lAppropriation I Funding Source
42003C Northside Park Improvements 380,848 54,848 Prop 12
220,000 Prop 40 Per Capita
50,000 Prop 40 RZH
324,848 Total
42003A Veteran's Freedom Park Improvements 26,000 21,000 Prop 40 RZH
new proJect Zacatecas Park Improvement 2,200,000 113,500 Job Housing Grant
new project I US Forestry Sry Gateway Station 1,125,000 75,000 1MWD Makeover Grant
Total Appropriations: 804,548
TOTAL APPROPRIATIONS FOR FISCAL YEAR 2004 3,982,512
Attachment B
FY 2003-2008 Capital Improvement Program -Project YTD Expenses as of 9130103
Total Total FY 2005
Estimated Prior Year Actual Recommended to 2008
Priority Description Cost Appropriations as of 9130103 FY 2004 Estimated Cost
Municipal Buildings& Facilities
1 New Azusa City Library(51100A) 27,640,557 1,076,000 1,038,188 384,700 26,179,857
2 Memorial Park Recreation Building Improvement(66603C 335,000 335,000 7,979 0 0
3 Remodel of Light Building at the City Yard (66603A) 180,000 180,000 0 0 0
4 Women's Club Building Improvements (666036) 400,000 400,000 22,530 0 0
5 West Wing Remodel (61102A) 90,000 90,000 0 0 0
6 New Trucks for Public Works(66 101 B) 125,000 75,000 360,280 50,000 0
7 Major Building Maintenance(new project) 1,965,500 0 0 1,965,500
8 Azusa Health Clinic(new project) 750,000 0 0 750,000
Sub Total 31,486,057 2,156,000 1,428,977 434,700 28,895,357
Streets,Sidewalks&Sewers
1 City Wide-New Sidewalks (66203A) 1,200,000 200,000 0 200,000 800,000
2 Pavement Management Plan (66103A) 9,719,731 2,139,000 786,891 1,593,264 5,987,467
3 Sewer Master Plan Construction(66503A) 5,000,000 800,000 128,805 800,000 3,400,000
4 San Gabriel Avenue Beautification (66100C) 1,838,125 1,838,125 1,734,107 0 0
Sub Total 25,384,784 4,977,125 2,649,803 2,593,264 10,187,467
Parks& Landscaping
1 Pioneer Park Improvement(42003D) 424,000 309,000 55,901 115,000 0
2 Memorial Park Restroom(41002G) 229,000 98,800 9,802 130,200 0
3 Memorial Park Field Turf(41002B) 40,000 15,000 0 25,000 0
4 Memorial Park Fencing Project(16003A) 155,000 155,000 0 0 0
5 Memorial Park Improvements(420038) 14,000 14,000 3,121 0 0
6 Northside Park Improvements(42003C) 380,848 33,000 15,000 324,848 23,000
7 Veteran's Freedom Park Improvement(42003A) 26,000 5,000 44,615 21,000 0
8 Public Trash Receptacles(42001 B) 15,000 15,000 12,816 0 0
9 San Gabriel River Bike Path (41002A) 450,000 450,000 36,772 0 0
10 Park System Master Plan (42001 E) 90,000 90,000 81,541 0 0
Page 1 of 5
Attachment B
FY 2003-2008 Capital Improvement Program -Project YTD Expenses as of 9/30/03
Total Total FY 2005
Estimated Prior Year Actual Recommended to 2008
Priority Description Cost Appropriations as of 9130/03 FY 2004 Estimated Cost
Grandview Park Improvement(Formally Angeleno Park)
11 (42003H) - 50,000 50,000 0 0 0
12 Zacatecas Park(new) 2,200,000 113,500 2,086,500
13 Consultants & Design (420031) 51,000 51,000 14,375 0 0
14 Wilderness Park(42003G) 7,000,000 1,000,000 107,250 0 6,000,000
15 US Forest Service Gateway Station &Gardens(new) 1,125,000 1,050,000 119,297 75,000 0
16 Spreading Basin Beautification (new project acct.) 2,000,000 0 0 0 2,000,000
Sub Total 14,249,848 3,335,800 500,490 804,548 10,109,500
Technology Projects
1 Library Systems Migration (93002D) 100,000 100,000 51,809 0 0
2 Computer Equipment Replacement(93002B) 40,000 40,000 13,734 0 0
3 Document Imaging and Workflow(93002C) 100,000 100,000 86,144 0 0
4 Geographical Information System(93000C) 50,000 50,000 21,758 0 0
Emergency Power Backup System for City Hall Phones
5 (93002H) 10,000 10,000 0 0 0
6 Migration of Q&A Data(93002J) 50,000 50,000 0 0 0
7 Firewall (93002A) 15,000 15,000 0 0 0
8 Server Replacement(93001 B) 14,000 14,000 14,265 0 0
0
Sub Total 379,000 379,000 187,710 0 0
Downtown Improvement Projects
1 Downtown Concept Implementation (D97049) 2,528,566 2,528,566 1,250,537 0 0
2 General Plan & Development Code Update (902801) 1,837,243 1,837,243 1,630,686 0 0
Sub Total 4,365,809 4,365,809 2,881,223 0 0
Page 2 of 5
Attachment B
FY 2003-2008 Capital Improvement Program -Project YTD Expenses as of 9130103
Total Total FY 2005
Estimated Prior Year Actual Recommended to 2008
Priority Description Cost Appropriations as of 9130103 FY 2004 Estimated Cost
Ali
Page 3 of 5
Attachment B
FY 2003-2008 Capital Improvement Program -Project YTD Expenses as of 9130103
Total Total FY 2005
Estimated Prior Year Actual Recommended to 2008
Priority Description Cost Appropriations as of 9130103 FY 2004 Estimated Cost
Electric Division
1 Substation Construction&Distribution(820006) 10,260,000 10,260,000 5,807,310 0 0
2 Owl Distribution Circuit Line Extention (84000A) 334,277 334,277 272,819 0 0
3 City Yard Design&Construction (73001 G) 2,200,000 1,750,000 1,368,658 450,000 0
Street Light System Replacement Eleventy Street
4 (73001 F) 560,000 560,000 0 0 0
5 Distribution Monitor and Automation Phase 1 (73002B) 751,000 251,000 20,395 0 500,000
6 City Wide Underground Line Extension (73001 E) 600,000 600,000 254,301 0 0
7 Capital Projects Beaticiatlon Enhancements 150,000 0 0 150,000 0
7 Electric&Water Utility Data Conversion(new project) 250,000 0 0 250,000 0
8 Refurbish Existing Electric Utility Service-Civic Center(ne% 150,000 0 0 150,000 0
Sub Total 15,255,277 13,755,277 7,723,483 1,000,000 500,000
Water Division
1 Replacement of Waterlines(72101L) 473,000 473,000 0 0 0
2 Upsize Discharges Wells#2 (72101 N) 960,000 960,000 0 0 0
Well No. 10 Treatment Plant Design and Construction
3 (new project) 2,000,000 0 0 2,000,000 0
4 Well No. 10 Treatment Plant Structure(new project) 200,000 0 0 200,000 0
5 Azusa Spreading Grounds Wells (72101 P) 4,199,243 4,199,243 3,772,879 0 0
5,550 LF 12"Pipeline-6th St.-from Virginia to Cerritos
6 (72102D) 578,000 578,000 32,853 0 0
7 Rehabilitation of Sierra Madre Reservoir(72102C) 300,000 300,000 0 0 0
8 Install radio controls for SCADA(72101 G) 300,000 300,000 75,975 0 0
9 WTP Landscape, Design and Installation (new project) 75,000 0 0 75,000 0
10 Water Main Replacement(new project) 2,000,000 0 0 2,000,000 0
11 Emergency backup power generator(72103D) 100.000 100,000 0 0 0
Page 4 of 5
Attachment B
FY 2003-2008 Capital Improvement Program -Project YTD Expenses as of 9130103
Total Total FY 2005
Estimated Prior Year Actual Recommended to 2008
Priority Description Coat Appropriations as of 9130103 FY 2004 Estimated Cost
12 12 Inch waterline crossing of Big Dalton Wash (72103B) 200,000 200,000 0 0 0
13 Upgrade to the Canyon Filtration Plant(72103E) 21,000,000 1,000,000 0 0 20,000,000
6300 LF 30"pipeline-Dalton-from Sierra Madre to Fifth
14 St. (72102B) 1,005,000 1,005,000 44,000 0 0
15 Distribution Main upgrades (72102G) 3,625,710 3,625,710 1,864,735 0 0
12"Pipe-Citrus and Foothill.to Barranca and Alosta
16 (72101 B) 557,000 557,000 213,158 0 0
17 Ph I Heck Pump Station (72101 M) 375,000 375,000 0 0 0
Build 1 MG steel reservoir-Mt. Cove development
18 (72101 E) 1,000,000 1,000,000 0 0 0
19 Northern Transmission Main (72103F) 5,000,000 5,000,000 120,366 0 0
20 Purchase Pasadena property(72103A) 55,000 55,000 0 0 0
Sub Total 44,002,953 19,727,953 6,123,966 4,275,000 20,000,000
Grand Total 135,123,728 48,696,964 21,495,652 9,107,512 69,692,324
Page 5 of 5
Attachment C
List of CIP Projects not rolled over into FY 2004.
Acct No. Project Description Total Budget Total expenditures Status
31002A PATROL CARS INCLUDING EQUIPM 140,990.00 140,836.00 Project completed.
31002B LIGHT BARS FOR PATROL CARS 6,800.00 6,684.00 Project completed.
31102D 4 PC'S&MONITORS 9,133.00 9,133.00 Project completed.
31102E HIGH VOLUME PRINTERS 1,950.00 1,938.00 Project completed.
De-funded. Funding included in
41002C MEMORIAL PARK FENCING 120,000.00 0.00 420038
Project completed. Council notified
41002D IZACATECAS PARK PICNIC SHELTE 45,000.00 44,695.00 on 9/3/02
Project completed. Council notified '
41002E CITY PARK PICNIC SHELTERS 45,000.00 44,695.00 on 9/3/02
Closed. $100,000 funding included in
41002G MEMORIAL PARK RESTROOM 109,800.00 9,802.00 42003B.
41002H MEM PARK SKATE PARK AMENITIE 20,000.00 0.00 De-funded. No award letter.
410021 RUBBER PLAY SURFACEVdEM&VE 66,615.00 38.420.00 Project completed
Project completed. Council notified
42001A SKATEBOARD PARK 465,543.00 464,788.00 on 9/3/02.
42001 B IRECEPTACLES 15,000.00 12,816.00 Project completed
42001D VEHICLE REPLACEMENT-PRJ#7 75,000.00 13,131.00 Project completed
42003F ZACATECAS PARK IMPROVEMENTS 500,000.00 0.00 Project Defunded
6510013 COMM ID/GATEWAYS&SIGNS 103,000.00 103,000.00 Project completed.
Project completed. Council notified
65101C 1ST STREET REHAB/AZUSA-WESTE 436,000.00 402,341.00 on 4/1/02.
Project completed. Council notified
65101D 11TH ST REHAB/OLD MILL-AZUSA 408,548.00 372,540.00 on 4/1/02.
66100A I REPLACE 1982 DUMP TRUCK 78,000.00 77,394.00 Project completed
Project completed. Council notified
66102A ALLEY-MCKEEVER/ENID-11TH-10T 55,200.00 35,843.00 on 12/2/02
66102C ALLEY-ENID/ORANGE-11TH-10TH 54,365.00 36,401.00 Project completed
66102D ALLEY-ENID/ORANGE-10TH-CRESC 43,200.00 36,393.00 Project completed
66102E ST IMP-VINCENT/GLADSTONE/NEW 290,000.00 290,000.00 Project completed
Project completed. Council notified
66102F STREET IMPROV AZUSA/EAST END 58,000.00 58,000.00 on 12/2/02
Project completed. Council notified
66102G I ST IMP KIRKWALL-VINCENT-EAST 17,768.001 17,768.00 on 12/2/02
Page 1 of 2
Attachment C
List of CIP Projects not rolled over Into FY 2004.
Acct No. Project Description Total Budget Total expenditures Status
Project completed. Council notified
66102H ST IMPROV-9THNERNON/EAST EN 398,000.00 252,451.00 on 12/2/02
661021 ST IMPROV-3RD/PASADENA/CONEY 336,191.00 13,609.00 Project completed
66103B 210 FREEWAY SOUNDWALL 150,000.00 0.00 Project Defunded
66103C TRAFFIC SIGNAL @ GLADSTN &P 67,495.00 73,606.00 Project completed
66203A NEW SIDEWALKS &CONCRETE REPA 200,000.00 0.00 Project Defunded
66501A IWOODCROFT STORM DRAIN PROJEC 275,800.00 1 203,753.00 Project completed
66501 B JCITWIDE SEWER MASTER PLAN 78,088.00 75,690.00 Project completed
665038 NEW SIGNS 100,000.00 0.00 Project Defunded
66504A SEWER&STORM DRAIN UPGRADES 1,238,000.00 0.00 Project completed
666008 AUDITORIUM UPGRADES 330,041.00 369,525.00 Project completed
66603D AUDITORIUM A/V UPGRADES 25,000.00 0.00 Project Defunded
66701A 6TH CIP AMENDMENT-GARAGE 36,000.00 27,885.00 Project completed
72101 H REPLACEMENT VEHICLES 105,000.00 104,978.00 Project completed
72102A RIVER&MOUNTAIN GATEWAY CENTE 100,000.00 123,020.00 Project completed
72102E 2000 LF BASELINE-ROCKVALE-CI 330,000.00 21,464.00
_ Project completed
72102F REPLACEMENT VEHICLES 140,000.00 139,372.00 Project completed
72102H 4300LF LAKEVW TER-10TH-ROCK 923,000.00 613.00 Project completed
73001A LANDFILL GAS ELECTRIC PLAN/I 275,000.00 9,872.00 Project completed
73001C ELECTRICAL CONSTR OFFICE REM 80,000.00 0.00 Project Defunded
73002A LINE TRUCK WITH 60'DERRICK 290,000.00 184,990.00 Project completed
73002C SEDAN-ALTERNATE FUEL 25,000.00 0.00 Project Defunded
730021) REEL TRUCK/TRAILER 75,000.00 20,986.00 Project completed
82000A SUBSTATION SITE 850,001.00 847,545.00 Project completed
93000C IGIS-CITY WIRE 50,000.00 21,758.00 Project completed
93001A ISOFTWARE UPGRADES&LICENSES 36,000.00 34,225.00 Project completed
930018 SERVER REPLACEMENT 14,000.00 14,265.00 Project completed
93002D LIBRARY SYSTEM MIGRATION 100,000.00 51,809.00 Project completed
93002F BITECH WORKORDER MODULE 2,305.00 183.00 Project completed
93002G WEB BASED TIME CARD-BITECH 5,000.00 1,040.00 Project completed
930021 HR BITECH IMPLEMENTATION 5,000.00 4,800.00 Project completed
93002J WEST WING MIGRATION 50,000.00 0.00 Pro ect Defunded
9,854,833.00 4,814,057.00
Page 2 of 2
ATTACHMENT'D
-f ..
FY 2004-2008 Capital Improvement Program
Parks &Landscaping
Zacatecas Park Improvements
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
PrioriDescription Cost FY 2002 FY 2003 FY 2004 Estimated Cost
12 Zacatecas Park Improvements new project)
Job HousingGrant 113,500 113,500
Unfunded 2,086,500 2,086 500
TOTAL12,200,000 113 500 12,096,500
DESCRIPTION: This project consists of expanding the existing 3.8-acre park by an additional 3.5 acres. The park shall be
redesigned to include one new little league sized baseball field, a Jr. size soccer field,new play structure and picnic shelters,park sign
and walkin liking trail,native planting area,new irrigation and athletic field fencing.
JUSTIFICATION: The City of Azusa is lacking developed neighborhood park space. The addition of 3.5 acres of parkland is a
substantial acquisition of new parkland.
SCHEDULING: Phase 1-Conduct a Zacatecas Park Community Park design workshop.
Phase 2-September 2004. Grading and installation of irrigation and athletic turf in the major portion of new
park area.
Phase 3=Upon funding, completed community vision plan for a redesigned Zacatecas Park.
RELATIONSHIP TO GENERAL PLAN: This project continues the General Plan vision to acquire and develop more neighborhood
park space. This project provides new parkland in a section of town that lacks park space.
SPECIAL CONSIDERATIONS: This project is currently funded by$113,500 from a Job Housing Grant. It is anticipated that the
remaining funds will come form future State Proposition 12 and 40 Grant opportunities.
OPERATING BUDGET IMPACT: The addition of 3.5 acres of new parkland will impact the Parks Maintenance Division. An
additional .25 staff person will be required to maintain the expanded parkland.
FY 2004-2008 Capital Improvement Program
Parks &Landscaping
US Forest Service Gateway Station and Gardens
Total Appropriated FY 2005
Estimated Through Adopted Recomad To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
15 US Forest Service Gateway Station and Gardens
72103C
Proposition A arks 350,000 350,000
Water Fund 1 700,000 700,000
MWD Makeover Grant 1 75,000 1 175,000
TOTAL 11,125,000 1350,000 1700,000 175,000
DESCRIPTION: This project provides for the construction of a 1,500 sq. ft. facility to replace the current US Forest Service shack
located on Highway 39. The facility would be surrounded by a native plant interpretative garden. ,
JUSTIFICATION: The current trailer is no longer a viable place for the employees to work and requires replacement
SCHEDULING: This project is currently in plan check for zoning and CEQA issues. Groundbreaking is expected to occur in late
fall of 2004.
RELATIONSHIP TO GENERAL PLAN: Beautification of open space.
SPECIAL CONSIDERATION: None
OPERATING BUDGET IMPACT: There is no general fund impact. The lease with the US Forest Service will repay the
Water Fund investment of$700,000 over a twenty year lease. All operating expenses will be the responsibility of the US Forest
Service.
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y
FY 2004-2008 Capital Improvement Program
Municipal Buildings &Facilities
Capital Projects Beatification Enhancements
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FX 2003 FY 2004 Estimated Cost
7 Capital Projects Beatification Enhancements (new
project)
Endowment Funds 150,000 150,000
DESCRIPTION: This project provides a lump sum funding for existing project to utilize for artistic and beatification enhancements
for approved capital projects. For example,a decorative gate may be used to enhance a fencing project; a mural may be added to a
wall that faces a residential neighborhood; and/or decorative file may be used to enhance a new restroom.
JUSTIFICATION: The City Council has supported projects that enhance the beatification of a projector incorporate an artistic
element. This program will allow for staff to upgrade an approved project without jeopardizing their existing budget.
SCHEDULING: Funds will be used as needed for existing projects.
RELATIONSHIP TO GENERAL PLAN: This project is consistent with the Draft General Plan in that it lends to beautification of
city facilities.
SPECIAL CONSIDERATION: These funds were made available after the City Council defended the 210 Freeway Soundwall
project.
OPERATING BUDGET IMPACT: None
I 1 I 1 I 1 1 1 I I I I I I 1 1 1 1 1
CITY OF AZUSA
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2004-2008
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I I I I I I I I I I I I I I I I I I I
er 14.
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2004-08 CAPITAL IMPROVEMENT PROGRAM TRANSMITTAL
October 6, 2003
Honorable Mayor and Members of the City Council:
It is my pleasure to present to you the Recommended Fiscal Year 2004 to 2008 Capital Improvement Program (CIP)
budget.
Azusa is now widely recognized as "the most improved city in the San Gabriel Valley." A major reason has been the
strategic reinvestment in the basic infrastructure that supports our standard of living and quality of life. Like most
older Southern California suburbs, Azusa had begun to show signs of real decline in its streets, parks and public facilities.
Chronic fiscal problems caused revenue to be diverted from preventive maintenance of our physical assets to day-to-day
operation of services. After more than a decade with no long-term capital improvement program in place, the problems of
crumbling streets, overgrown trees, buckling sidewalks and leaky roofs was headed toward crisis.
Reversing that neglect over the past five years has been like turning around a battleship headed in the wrong direction: no
easy task. We've had to comprehensively assess our deferred needs, devise new approaches, seek new funding and
plan for future growth.
We've accomplished a tremendous amount and it shows. We've retired the debt to expand and improve our police
facility. By next year, we will have returned over half of the City's streets to excellent condition. We have already
I I 1 1 I I I I I I 1 i 1 1 I I I 1
completed the most ambitious park improvements in a generation. More than 3500 trees have been planted and we've
reinstituted regular trimming of our entire tree inventory citywide. We've completed neighborhood improvement projects
throughout the city, including entry signage, landscaped medians, new sidewalks and traffic signals. We've embarked on a
total program to repair or replace all our outdated equipment and facilities.
Each year, funding has been the largest challenge, as it remains this year and for the years ahead. The ambitious
program outlined in this year's program comes from fiscal discipline, creative partnerships and aggressive efforts to secure
grant and matching funds.
This year's budget has been developed and resources have been allocated to maintain the progress we have been
making, despite our financial challenges and cutbacks in State funding. Our continuing goal is to bring all our streets,
parks, sewers, buildings, landscaping and other facilities to the standard of excellence in efficiency and attractiveness.
In developing the CIP budget, the first priority is to focus on safety. The next highest priorities are projects that
enhance our quality of life and standard of living. The format of the CIP budget has been modified to provide more
detail on the project description, scheduling, and justification. Additionally a section is included that highlights any
potential impact to the operating budget. The financial information details a historical look at how revenue has been
appropriated to a project as well as identifying the specific funding sources.
In looking ahead, let's start with a report on last year's efforts:
• Pavement Management Plan: Work was completed on the first year of a 10-year plan to restore 100% of the street
pavement network to "excellent condition". Contractors completed a cape seal/slurry seal on approximately 1.6
million square feet of street surface, which included the City's most highly traveled sections of Foothill and Alosta.
An additional 696,000 square feet of street network is earmarked for 2" asphalt overlay: San Gabriel Canyon Road
(above Sierra Madre) has already been completed with only Old Dairy Road and Gladstone (between Citrus and
Galanto) remaining. The completion of the first year of the plan represents restoration of 17.5% of the total street
network within the City of Azusa. At the same time, the neighborhoods targeted for street repairs also received tree
trimming and concrete repair work to the sidewalks, curbs and gutters.
• New sidewalks: Missing segments were completed throughout the community:
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A. Fourth Street (north side -west of Zachary Padilla)
B. Hollyvale (southside -west of Virginia)
C. Third Street (northside -west of Virginia)
D. Paramount (northside -Vernon to Virginia)
E. Lemon (both sides - between 1St and Paramount)
• San Gabriel Canyon Road Improvement: A $1.4 million beautification and traffic management project was
completed on (between Sierra Madre and the Forest gateway) with landscaped medians showcasing "native
plants."
• Azusa Auditorium Renovation: Originally planned as a project for replacing the water-damaged wood windows
with modern fixtures, a much broader effort was completed this year to restore one of the community's most visible
public spaces, which is listed on the National Register of Historic Places. Work included water sealing, restoration
of the historic windows, an electrical upgrade, lighting restoration and replacement, painting, new curtain
installation, motorized blinds, carpeting, seating reconfiguration, seating re upholstery, door restoration, stage
drape replacement, bathroom remodeling, wall repair and even some replacement of landscaping outside.
• HVAC Replacement: The obsolete and corroded heating and air conditioning units at City Hall, the West Wing,
Azusa Auditorium, City Yard and Senior Center were replaced with new "energy efficient" units that provided a
dramatically improved level of comfort at a significantly reduced operating cost.
• Park Improvements: The most extensive park renovation, improvement and expansion effort in a generation saw
major elements completed or advanced during the past year:
o A second picnic shelter was installed at Veteran's Freedom Park.
o The Pioneer Park play structure replacement project plan and specifications were completed.
o The Memorial Park restroom project is under construction.
o The Memorial and Northside Park athletic facilities fencing project is under construction.
o The Memorial Park baseball field infield turf and irrigation project is scheduled for construction to begin in
November.
o The Memorial, Northside and Slauson tennis, basketball and volleyball court surfacing project has been put
out to bid.
o An architectural firm was selected and contract completed for design work on the Pioneer Park restroom
project in June.
o A new monument sign for Veteran's Freedom Park is scheduled to be installed in October of 2003.
I I I i i I I I i I I i I I I I 1 I
• Park Master Plan: A draft report has gone to the City Council and Parks and Recreation Commission outlining a
long-range plan for addressing future parks and green space needs as well as recreation and family services. The
three primary phases involved community analysis; needs assessment; and developing a framework for future
decisions. Once adopted, the projects identified in the plan will be prioritized and programmed in future capital
budgets.
• Geographic Information System (GIS) enhancement: Sophisticated mapping has become a vital tool for city staff
and functions. This fall, GIS mapping has been installed on our Internet site, making this data available to anyone
with a browser. An update of the aerial photography base data is underway for the entire city and surrounding
areas served by Azusa Light &Water.
• Document management: A long-planned transition to digital storage of current and historic documents is now
underway. A system has been acquired and training begun to establish a central repository for archival and working
documents so that staff, council and the public can appropriately access, view, edit, route and print documents.
The City Clerk and Community Development Departments will be the first to move forward, with the Police
Department and Finance to be next in line.
• Rio San Gabriel Bike Path Extension: This project is completing final review by CalTrans, with ground breaking
anticipated later this fall and completion of Phase I by next spring.
• The Forest Gateway: Plan check phase and environmental work is proceeding. Ground breaking is anticipated this
fall with a move in date of April 2004.
The recommended program for the year ahead builds on this strong foundation of accomplishment, recognizing very
significant fiscal challenges facing not only our City government, but State government as well. These are among the
highlights in the proposed Capital Improvement Program:
• Major Building Maintenance: In keeping with our commitment to rebuild our aging infrastructure and bring our
facilities up to current building and safety standards, a facilities needs assessment was completed on all City-owned
buildings. The long term goal is to have in place a continuous source of capital outlay to ensure that maintenance
and repairs are routinely scheduled and performed on such things as roofs, HVAC systems, plumbing, elevators,
carpentry, and painting as needed. To get us to this point, we need to catch up on our deferred building
maintenance. It is anticipated that it will take us four to five years to address all deferred infrastructures repairs and
restorations. Year One of this program is funded from this year's resources.
I I I . I
• New Sidewalks, Pavement, and Sewers Management Plans: All three of these major projects will continue to
catch up on deferred maintenance of our aging infrastructure. Sufficient funding is recommended to keep pace
toward restoring each of these crucial systems to excellent condition.
• Park Improvements: Staff will continue to aggressively address the deferred park issues in this fiscal year. With
the availability of new funding from Proposition 40, we will continue this progress. Specifically, in fiscal year 2004,
the following will be addressed:
o The new restroom, field turf replacement, replacement fencing and tennis court resurfacing at Memorial Park
will be completed
o Installation of a new drinking fountain, court resurfacing, and various improvements to the recreation building
will occur at Northside Park
o The initial phase of the expansion of Zacatecas Park by 40% will landscape the additional acreage and begin a
comprehensive overhaul, including adding a new baseball diamond and soccer field
o The park monument sign and park restroom remodel will take place at Veteran's Freedom park
• Spreading Basin Beautification project: this project will provide for the landscaping surrounding the water
spreading basins on the north terminus of the City. Council may recall that this project was originally scheduled to
receive funding from the Los Angeles County Public Works Department but due to budget challenges, was defunded
in 2002. Staff will continue to pursue other funding options.
• New Azusa City Library: A major milestone for this project will be announced on October 28th the Library Bond Act
Board allocates the second cycle of matching grants. If we receive the requested $16.3 million in Library Bond Act
funds, our architects will begin the design phase of the building, the city will execute its right to purchase the
remaining properties located at the building site, and work will begin toward a December 2004 groundbreaking to
begin construction for the new Azusa City Library. If we are not successful, we will immediately work to qualify for
Cycle 3 consideration.
• Azusa Health Clinic: To attract a Federally-certified non-profit health services provider, approximately $1 million in
capital investment is required in the existing City-owned facility, formerly operated by the County. A grant
application was submitted to the California Endowment for $750,000. A grant for $100,000 has been awarded by
Los Angeles County. No City funding is being requested beyond the routine maintenance of the currently-vacant
property.
I I I I I I I I I I I I I I I I I I I
Ultimately, these physical projects serve the residents and businesses of our community, providing a stable foundation for
our quality of life and standard of living. Through this recommended budget, the City reaffirms its commitment to reinvest
funding towards our aging city infrastructure. In serving the vision of the community and City Council for "Improving
all of Azusa, one neighborhood at a time," we are positioning our city to not only meet today's needs, but to prepare
the way for future families and businesses to carry on the traditions of this great community.
Respectfully submitted,
Rick Cole
City Manager
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FY 2003-2008 Capital Improvement Program
Totals by Category
Total Appropriated FY 2005
Estimated Through Adopted Recommended to 2008
Category Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
1 Municipal Buildings& Facilities 31,486,057 876,000 1,280,000 434,700 28,895,357
2 Streets, Sidewalks, &Sewers 17,757,856 1,838,125 3,139,000 2,593,264 10,187,467
3 Parks & Landscaping 10,924,848 543,800 1,742,000 616,048 8,023,000
4 Technologh Projects 379,000 339,000 40,000 0 0
5 Development Projects 2,395,803 1,774,280 621,523 0 0
6 Electric Projects 15,105,277 13,755,277 0 850,000 500,000
7 Water Projects 44,002,953 13,372,953 6,355,000 4,275,000 20,000,000
GRAND TOTAL 122,051,794 32,499,435 13,177,523 8,769,012 67,605,824
Total w/o Electric&Water Projects 62,943,564 5,371,205 6,822,523 3,644,012 47,105,824
FY 2003-2008 Capital Improvement Program
Municipal Buildings and Facilities
Total Appropriated FY 2005
Estimated Through Adopted Recommended to 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
1 New Azusa City Library(51100A) 27,640,557 801,000 275,000 384,700 26,179,857
2 Memorial Park Recreation Building Improvement(66603C) 335,000 0 335,000 0 0
3 Remodel of Light Building at the City Yard (66603A) 180,000 0 180,000 0 0
4 Women's Club Building Improvements(66603B) 400,000 0 400,000 0 0
5 West Wing Remodel (61102A) 90,000 0 90,000 0 0
6 New Trucks for Public Works (66101B) 125,000 75,000 0 50,000 0
7 Major Building Maintenance (new project) 1,965,500 0 0 0 1,965,500
8 Azusa Health Clinic(new project) 750,000 0 0 0 750,000
0 0 0 0
31,486,057 876,000 1,280,000 434,700 28,895,357
1.0
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FY 2004-2008 Capital Improvement Program
Municipal Buildings &Facilities
New Azusa City Library
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
1 New Azusa City Library (51100A)
General Fund 5,680,977 801,000 275,000 384,700 4,220,277
Library Bond Act Funds 16,084,580 16,084,580
Bond Proceeds 5,875,000 5,875,000
TOTAL 27,640,557 801,000 275,000 384,700 26,179,857
DESCRIPTION: This project provides for the design, construction, and furnishings for a new Azusa City Library. The project is
now entering Phase III in the planning process. This phase involves design development, land acquisition, and negotiation with the
California State Library if we are successful with the Cycle 2 Library Bonds Act funds (Proposition 14). This budget also allows for
communications/publicity, legal costs, consultant costs, and property acquisition.
JUSTIFICATION: The existing library is limited by a lack of space for services, programming, and collections in an aging facility
without the flexibility required by existing technology. Additionally the HVAC system does not operate efficiently and as a result
incurs higher utility costs. In other instances, building regulations have changed and updates are necessary to bring the library up to
current standards, including ADA requirements. The construction of a new library addresses residents' need for a new downtown
central library.
SCHEDULING: At this point,the City has purchased four out of the six properties and the City has acquired right-to-purchase
agreements with the remaining two properties. Initial design renderings work has been completed. Staff has submitted to the
California State Library the application for the Cycle 2 Library Bond Funds. The City will be notified on October 28, 2003 if they
were a successful applicant. The design phase is six months with an estimated completion in February 2004 and working drawings
(90%) estimated completion is scheduled for July 2004.
RELATIONSHIP TO GENERAL PLAN: This project supports economic development of the Downtown area, responds to
customer needs, and supports lifelong learning.
1.1
SPECIAL CONSIDERATION: Completion of this project is dependent on successfully acquiring the Library Bonds Act Funds in
Cycle 2. In 2001, the residents of Azusa voted to incur bond indebtedness in an amount not to exceed $5,875,00 (at an interest rate
not to exceed 6%per year)to provide the 35%match if the City was success in getting the Library Bond Act funds.
OPERATING BUDGET IMPACT: It is estimated that the new library will require an additional $2.1 annually for the on-going
operations of the new facility.
1.2
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FY 2004-2008 Capital Improvement Program
Municipal Buildings &Facilities
Memorial Park Recreation Building Improvements
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
2 Memorial Park Recreation Building Improvements
(66603C)
Endowment Fund $335,000 i $335,000
DESCRIPTION: This project provides renovations to the Memorial Park Recreation Building Improvement that will include new
paint, carpeting, bathroom remodel,kitchen upgrades, new flooring, and new suspended ceiling in meeting rooms.
JUSTIFICATION: The building has not received any attention or injection of capital funds in many years.
SCHEDULING: A contractor has been selected and construction will start in September 2003. It is anticipated that this project will
be completed in November 2003.
RELATIONSHIP TO GENERAL PLAN: No direct relationship.
SPECIAL CONSIDERATION: In addition to the contractor work, the Public Works Facilities Division staff will complete some of
the improvements needed and only the cost of materials will be charged to the project budget. During fiscal year 2003, a total of
$40,000 has been transferred from this project to the West Wing improvements project
OPERATING BUDGET IMPACT: Maintenance costs are anticipated to be reduced.
1.3
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FY 2004-2008 Capital Improvement Program
Municipal Buildings &Facilities
Remodel of Light Building at the City Yard
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
3 Remodel of Light Building at the City Yard
(66603A)
Endowment Fund $180,000 $180,000
DESCRIPTION: With the anticipated relocation of the Light Division to a new building on Tenth Street, the current building in the
City Yard will be remodeled to allow for the relocation of the Engineering and Parks Divisions.
JUSTIFICATION: There is a shortage of office space in the West Wing of City Hall and the Parks Division has been operating out
of cramped quarters for a long time. The vacated building will allow more working space for Public Works personnel as well as
providing the Community Development Department with additional space in the West Wing.
SCHEDULING: Based upon the current anticipated move of the Light Division, a contractor may begin building modifications in
February 2004.
RELATIONSHIP TO GENERAL PLAN: No direct relationship.
SPECIAL CONSIDERATION: None.
OPERATING BUDGET IMPACT: Maintenance costs will be reduced.
1.4
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FY 2004-2008 Capital Improvement Program
Municipal Buildings & Facilities
Women's Club Building Improvements
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
4 Women's Club Building Improvements (66603B)
Endowment Fund 400,000 400,000
DESCRIPTION: This project provides for building renovations to the Women's Club Building. It will include seismic and
structural upgrades,bathroom remodel to comply with ADA requirements, new heating system, and potential kitchen upgrades (if
funds are sufficient).
JUSTIFICATION: Based on a structural evaluation, the building requires seismic upgrades.
SCHEDULING: A consultant has been retained to develop construction drawings for the improvements. The caterer, who uses the
building for functions, has requested that no construction work to start until January 2004.
RELATIONSHIP TO GENERAL PLAN: No direct relationship.
SPECIAL CONSIDERATION: If the current budget will allow it, kitchen renovations will also take place in terms of new
appliances and cabinetry.
OPERATING BUDGET IMPACT: Maintenance costs will be reduced.
1.5
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FY 2004-2008 Capital Improvement Program
Municipal Buildings &Facilities
West Wing Remodel
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
5 West Wing Remodel (61102A) 0
General Fund 50,000 50,000
Endowment Fund 40,000 40,000
TOTAL 90,000 90,000
DESCRIPTION: This project involves the remodel of the City Hall West Wing to include the following; relocation of front
entrance door, space reallocation to include additional private offices, rearrangement of front public counter, installation of ergonomic
"user friendly"workstations, and carpeting.
JUSTIFICATION: The current work space allocation at the West Wing cannot accommodate the increased number of employees.
Additionally, the planned building improvements will benefit the circulation flow at the public counter and improve the ergonomic
needs of the employees.
SCHEDULING: To commence in October 2003 and be completed by December 2003.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATION: A total of $40,000 has been transferred to this project from the Memorial Park Recreation Building
Improvement project.
OPERATING BUDGET IMPACT: None
1.6
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FY 2004-2008 Capital Improvement Program
Municipal Buildings &Facilities
New Trucks for Public Works
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
6 New Trucks for Public Works (66101 B)
Endowment Fund 125,000 75,000 50,000
DESCRIPTION: In fiscal year 2001-2002, the City Council authorized the Public Works Department to purchase (7)trucks. The
actual purchase of these trucks was held in abeyance until fiscal year 2002-2003 due to the uncertainty of the NGV station at Todd
Avenue being completed on time (since 3 of the ordered trucks were CNG powered). Thus far, we have received (3) out of the (7)
ordered trucks. The four remaining trucks are due for delivery within the next month.
JUSTIFICATION: To replace aged equipment within the Public Works fleet. The vehicles being replaced are 17 years old with
problematic mechanical history over the last(4) years of their service life.
SCHEDULING: To arrive within the next month.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATION: None
OPERATING BUDGET IMPACT: None
1.7
i i i i i i i I I
FY 2004-2008 Capital Improvement Program
Municipal Buildings &Facilities
Azusa Health Clinic
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
8 Azusa Health Clinic (new project)
California Endowment Fund 750,000 750,000
DESCRIPTION: Rehabilitation of existing facility located at 150 S. Azusa Blvd formerly operated by LA County Department of
Health and closed in October 2002. The rehabilitation will expand the number of examination rooms from 4 to 12. Funding is
pending through a grant application to the California Endowment Fund. The actual operation of the clinic will be managed through a
contract with El Proyecto del Barrio, a non-profit corporation providing similar services in the San Fernando Valley.
JUSTIFICATION: Approved City Council work plan item in order to provide for basic health services of lower income Azusa
residents.
SCHEDULING: The status of the grant application will be determined in October 2003. Depending on the success of the
application, rehabilitation could begin immediately thereafter.
RELATIONSHIP TO GENERAL PLAN:
SPECIAL CONSIDERATION: The City's partner on this project, El Proyecto del Barrio has been awarded a grant for$100,000
from the Los Angeles County Department of Health for operating expense. All operating expenses of the clinic will become the
responsibility of the lessee once the rehabilitation is completed
OPERATING BUDGET IMPACT: None
1.8
I I 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1
FY 2004-2008 Capital Improvement Program
Municipal Buildings &Facilities
Facilities Maintenance
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
7 Major Building Maintenance (new project)
Unfunded 1,965,500 1,965,500
DESCRIPTION: This project provides for a program to address deferred maintenance of city buildings and facilities. There are 23
locations with over 37 structures, not including the Light& Water Department real estate. The affected buildings and estimated costs
for improvements are listed below:
JUSTIFICATION: The City has a significant financial investment in its building and facilities. This program will provide
resources to ensure that facilities meet current building and safety standards and that maintenance requirements are not further
deferred thereby jeopardizing the value of these assets.
SCHEDULING: In FY 2003, the Public Works Department completed a Facilities Needs Assessment. The purpose of the report is
to both identify and prioritize the maintenance needs of the city-owned facilities over the next four years. It also provided a long
range-planning tool that will keep facilities maintenance in a proactive mode over a substantial period of time. Work will be
scheduled as funds become available.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATION: The total estimated project cost does not include the projects currently under design and
construction—Memorial Park Improvement; Women's Club Improvements; West Wing Remodel; and City Yards Remodel.
OPERATING BUDGET IMPACT: None
1.9
FY 2003-2008 Capital Improvement Program
Streets, Sidewalks &Sewers
Total Appropriated FY 2005
Estimated Through Adopted Recommended to 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
1 City Wide- New Sidewalks (66203A) 1,200,000 0 200,000 200,000 800,000
2 Pavement Management Plan 9,719,731 0 2,139,000 1,593,264 5,987,467
3 Sewer Master Plan Construction (66503A) 5,000,000 0 800,000 800,000 3,400,000
4 San Gabriel Avenue Beautification (66100C) 1,838,125 1,838,125 0 0 0
17,757,856 1,838,125 3,139,000 2,593,264 10,187,467
0 0 0 0
2.0
1 1 I 1 I I 1 I I I i I 1 I 1 I i I
FY 2004-2008 Capital Improvement Program
Streets, Sidewalks& Sewers
City Wide—New Sidewalks
Total Appropriated FY 2005 •
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
1 City Wide—New Sidewalks (66203A)
Endowment Fund 1,200,000 $200,000 $200,000 $800,000
DESCRIPTION: This project is for the installation of new sidewalks in areas that currently do not have them. The new sidewalk
locations currently under construction are as follows; Virginia(south of Paramount), Jackson(south of Paramount), Third (west of
Angeleno), and other small sections of Todd, Twelfth, and Hilltop.
JUSTIFICATION: This project is necessary to promote safer and more user friendly pedestrian walkways throughout the
community. Special attention is paid to those areas that are in adjacent proximity to schools, public facilities, and parks.
SCHEDULING: Current sidewalk program underway will be completed by October 2003.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATION: None
OPERATING BUDGET IMPACT: additional impact to future maintenance of concrete. However, this is offset by the reduction in
parkway tree maintenance resulting from(23)tree removals in these areas.
2.1
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FY 2004-2008 Capital Improvement Program
Streets, Sidewalks & Sewers
Pavement Management Plan
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
2 Pavement Management Plan (66103A)
Gas Tax Fund 13,784,876 2,139,000 1,593,264 10,052,612
DESCRIPTION: The Pavement Management Plan is a ten year project to restore 100%of the city's street network into"excellent
condition". In years 1-5, 85%of the street network will be restored to "excellent condition". This is a"holistic approach"to
infrastructure restoration. The City has been divided into (19)neighborhood grids. Every fiscal year, 3-5 neighborhood grids are
selected and the following activities take place: grid tree trimming, tree removals where appropriate, sidewalk repair, curb/gutter
repair, and street repair(either slurry seal, cape seal, 1 %2" overlay, or 2" overlay). Year#1 was funded in FY 2002-2003 in the
amount of$2,138,879. We are requesting Year#2 funding in the amount of $1,593,254.
JUSTIFICATION: The City's street network condition in year 2002 was as follows; 9% excellent condition, 17% good condition,
68%fair condition, and 6%poor condition. Deferred maintenance and lack of a proactive street restoration program has resulted in
this deteriorated the condition. The Pavement Management Program is a long term and sustained effort to restore the condition of our
infrastructure over the next 10 years.
SCHEDULING: Three to five neighborhood grids will be scheduled annually for the next 10 years. During fiscal year 2004, Year 2
will be completed. Specification development and bidding will be done by September of each fiscal year with actual construction
taking place from April—Sept the following year.
RELATIONSHIP TO GENERAL PLAN: not applicable
SPECIAL CONSIDERATION: The revenue stream for this program is based on Gas Tax funding and the usage of Highway 39
reserves. This program maybe adversely affected if the State of California defers, delays, or discounts our Gas Tax funding.
2.2
OPERATING BUDGET IMPACT: The Pavement Management Plan is currently subsidizing the Parks Maintenance budget by
spending $100,000 - $125,000 per year on tree trimming costs. These costs would generally be paid out of the Parks Maintenance
Budget which is responsible for parkway tree maintenance. The tree trimming costs are currently being paid out of the Pavement
Management Program.
2.3
FY 2004-2008 Capital Improvement Program
Streets, Sidewalks & Sewers
Sewer Master Plan Construction
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
3 Sewer Master Plan Construction (66503A)
Sewer Fund $5,000,000 $800,000 $800,000 $3,400,000
DESCRIPTION: This project entails the replacement of 5 miles of critical sewer main line in selected locations throughout the city.
The identified sewer locations are as follows; Calera(between Mauna Loa and Hollyvale), Enid Avenue (from Gladstone to
Grandview), Azusa Alley (the alley between Azusa and San Gabriel—From First to Foothill), Todd Avenue within the Golf Course,
Aspen alley (south of Third), Foothill (Vernon to Coney), Foothill at Pasadena,Ninth and Soldano east,Ninth and Soldano south to
Foothill, Alosta and Foothill west, & Cerritos south to Sixth.
JUSTIFICATION: The purpose of their replacement is based on both the aged infrastructure (50-60 years old) as well as the need to
increase the system capacity for anticipated growth
SCHEDULING: Fiscal Year 2003-2004 =Calera(between Maunu Loa and Hollyvale)—starting September 8, 2003, Enid
(Grandview to Gladstone)—starting October 13, 2003,Azusa alley—starting September 8, 2003.
RELATIONSHIP TO GENERAL PLAN: Enables community capacity expansion per General Plan.
SPECIAL CONSIDERATION: None
OPERATING BUDGET IMPACT: None
2.4
FY 2004-2008 Capital Improvement Program
Streets, Sidewalks & Sewers
San Gabriel Avenue Beautification
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
4 San Gabriel Avenue Beautification (66100C)
Water, Light, General, and MTA Grant Funds 1,838,125 1,838,125
DESCRIPTION: This project includes new median islands that will showcase native plants and trees.
JUSTIFICATION: This is a beautification project that will enhance the community streetscape and decrease vehicle speeds.
SCHEDULING: This project is 99% complete. The only remaining task is the installation of a monument sign at an estimated cost
of$65,000.
RELATIONSHIP TO GENERAL PLAN: Community resource and circulation elements.
SPECIAL CONSIDERATION: None.
OPERATING BUDGET IMPACT: Landscape maintenance costs will be increased by $18,000 per year and will need to be
included as part of the operating budget.
2.5
FY 2003-2008 Capital Improvement Program
Parks & Landscaping
Total Appropriated FY 2005
Estimated Through Adopted Recommended to 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
1 Pioneer Park Improvement(42003D) 424,000 0 309,000 115,000 0
2 Memorial Park Restroom (41002G) 229,000 98,800 0 130,200 0
3 Memorial Park Field Turf(41002B) 40,000 0 15,000 25,000 0
4 Memorial Park Fencing Project(16003A) 155,000 0 155,000 0 0
5 Memorial Park Improvements (42003B) 14,000 0 14,000 0 0
6 Northside Park Improvements (42003C) 380,848 0 33,000 324,848 23,000
7 Veteran's Freedom Park Improvement(42003A) 26,000 0 5,000 21,000 0
8 Public Trash Receptacles (42001 B) 15,000 15,000 0 0 0
9 San Gabriel River Bike Path 450,000 0 0 0 0
10 Park System Master Plan (42001E) 90,000 80,000 10,000 0 0
11 Grandview Park Improvement(Formally Angeleno Park) (42003H) 50,000 0 50,000 0 0
12 Consultants & Design (420031) 51,000 0 51,000 0 0
13 Wilderness Park(42003G) 7,000,000 0 1,000,000 0 6,000,000
14 Spreading Basin Beautification (new project acct.) 2,000,000 0 0 0 2,000,000
10,924,848 543,800 1,742,000 616,048 8,023,000
3.0
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FY 2004-2008 Capital Improvement Program
Parks & Landscaping
Pioneer Park Improvements
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
1 Pioneer Park Improvements (42003D)
Mountain Cove Development 369,000 309,000 60,000
General Fund 55,000 55,000
TOTAL 424,000 309,000 115,000
DESCRIPTION: This project provides for various park improvements, which will include the following:
A. Demolition and replacement of the Pioneer Park restroom building ;
B. Removal and installation of a new theme play structure, swing and poured in place rubber play surface at
Pioneer Park;
C. Removal and replacement of the parks water canal chain link fencing with new ornamental iron fencing;
D. Purchase and installation of 15 new park drinking fountains. Fountains are to be installed by Park Crew.
This is a joint development with $10,000 from Pioneer Park funds and $15,000 from Northside Park funds.
JUSTIFICATION: The current restroom building is in disrepair and doe not meet the current ADA codes. The new play equipment
will provide visitors with a"pioneer fort"theme play experience. The existing fencing is in disrepair and is a liability. This project
will replace existing fountains that are in disrepair and do not meet ADA Standards and will add back fountains that once existed at
the park.
SCHEDULING: This project will begin in the fall of 2003 and be completed by the second quarter in FY 2005. The schedules for
the specific projects as described above are:
A. The design work will be completed by September 2003. Construction will begin in December 2003 and be
completed by March 2004.
B. Construction has begun and will be completed September 2003.
C. The design will begin in May 2004. Construction will begin in August 2004 and be completed by October
2004.
3.1
D. The fountains will be installed between November 2003 through February 2004.
RELATIONSHIP TO GENERAL PLAN: This project is consistent with the Parkland and Park Facilities Improvements element.
SPECIAL CONSIDERATIONS: None.
OPERATING BUDGET IMPACT: It is anticipated that the installation of these improvements will reduce future parks and
building maintenance costs.
3.2
I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
FY 2004-2008 Capital Improvement Program
Parks& Landscaping
Memorial Park Restroom
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
2 Memorial Park Restroom (41002G)
Quimby Fees 57,800 9,800 48,000
Proposition 12 (Parks) 90,000 90,000
Mountain Cove Dev. Fees 12,500 12,500
General Fund 69,700 69,700
CDBG Fund (memo only) 120,000*
TOTAL 220,000 98,800 130,200
DESCRIPTION: Removal/construction of a new park restroom facility including a storage room at Memorial Park. The project
includes 4 fixtures per side and a 24'x42' storage room.
JUSTIFICATION: This project as a result of the "NIZ 2"project
SCHEDULING: This project began construction in July 2003 and will be completed by November 2003.
RELATIONSHIP TO GENERAL PLAN: Meets General Plan vision of providing and improving park facilities for children to
develop and families to prosper.
SPECIAL CONSIDERATION: $120,000 of CDBG Funds are being used on the project, but has been appropriated under a separate
development account.
OPERATING BUDGET IMPACT: It is anticipated that this project will reduce the park and building maintenance staff time in
repairs and maintenance
3.3
I I 1 1 I I 1 I I 1 1 1 I I I I I I I
FY 2004-2008 Capital Improvement Program
Parks & Landscaping
Memorial Park Restroom
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
3 Memorial Park Field Turf (41002B)
Mountain Cove CFD 33,000 15,000 18,000
Proposition 40 RZH 7,000 7,000
TOTAL 40,000 15,000 25,000
DESCRIPTION: This project includes the installation of a sod infield with irrigation and drainage systems.
JUSTIFICATION: Facility improvements required.
SCHEDULING: The contract for this project will be awarded in November 2003. Construction will begin in December 2003 and
will be completed by February 2004.
RELATIONSHIP TO GENERAL PLAN: This project meets the General Plan's vision of improving parks facilities to foster a
city of healthy, young and strong families.
SPECIAL CONSIDERATION: None.
OPERATING BUDGET IMPACT: The Parks Division will maintain the new turf and irrigation system as part of their routine
maintenance schedule.
3.4
1 1 1 1 I 1 1 1 1 i 1 1 1 1 1 1 1 i 1
FY 2004-2008 Capital Improvement Program
Parks & Landscaping
Memorial Park Fencing Project
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
4 Memorial Park Fencing Project (16003A)
Proposition 12 Funds 124,500 124,500
Mountain Cove CFD 30,500 30,500
TOTAL 155,000 155,000
DESCRIPTION: This project calls for the replacement/installation of chain link athletic facility fencing. The project includes
perimeter fencing, backstop and tennis court fencing at Memorial Park and tennis court fencing at Northside Park.
JUSTIFICATION: The current fencing is being replaced due to a liability/safety hazard.
SCHEDULING: The contract for this project was awarded in June 2003. Construction began in August 2003 and will be completed
by October 2003.
RELATIONSHIP TO GENERAL PLAN: This project meets General Plan vision of improving park facilities to foster healthy
children and strong families.
OPERATING BUDGET IMPACT: Implementation of this project will reduce maintenance costs.
3.5
1 I I I I I I I 1 I I 1 I I I 1 1 I 1
FY 2004-2008 Capital Improvement Program
Parks & Landscaping
Memorial Park Field Turf
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
5 Memorial Park Improvements (42003B)
Mountain Cove CFD 14,000 14,000
DESCRIPTION: This project includes various improvements to Memorial Park including:
A. The tennis court resurfacing
B. HVAC for gymnasium
C. Restroom remodel for gymnasium
D. Trees, irrigation, hardscape for 3`d Street
E. Shade structure for ball field
F. Snack bar remodeling
G. Lighting replacement for fields and courts
H. Bleachers S/E ball field
I. Skate Park Shade Structure
JUSTIFICATION: These upgrades are needed to address neglected deferred maintenance.
SCHEDULING: The contract for the tennis court resurfacing phase will be awarded in November 2003. Construction will begin in
December 2003 and will be completed by February 2004.
RELATIONSHIP TO GENERAL PLAN: This project meets the General Plan's vision of improving parks facility to foster a city of
healthy youth and strong families.
SPECIAL CONSIDERATIONS: As part of next year's budget process, staff will cost out the remaining projects to determine the
total cost of improvements for this park.
3.6
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OPERATING BUDGET IMPACT: Park Division will maintain new turf and irrigation system as routine maintenance.
FY 2004-2008 Capital Improvement Program
Parks & Landscaping
Northside Park Improvements
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
6 Northside Park Improvements (42003C)
Mountain Cove CFD 33,000 33,000
Proposition 12 54,848 54,848
Proposition 40 (per capita) 220,000 220,000
Proposition 40 (RZH) 50,000 50,000
Unfunded 23,000 23,000
TOTAL 380,848 33,000 324,848 23,000
DESCRIPTION: This project provides for various park improvements,which will include the following:
A. Installation of drinking fountain
B. Resurfacing of basketball/Volleyball courts
C. Tennis court fence and resurfacing
D. Painting of the Northside Park Recreation building
E. Removal and installation of two new chain link softball backstops and dugout fencing at Northside.
F. Restroom remodel at recreation building
G. Park restroom replacement south end
H. Play area rubber surface replacement
JUSTIFICATION: The recreation building is in need of painting and the new chain link fencing will replace a hazardous chain link
fence.
SCHEDULING: The schedules for both the specific projects as described above are as follows: the contract for this project will be
awarded in February 2004; construction will begin in March 2004; and construction will be completed by April 2004.
3.7
RELATIONSHIP TO GENERAL PLAN: This project is consistent with the Park Facility Improvement element.
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: These repairs will reduce the park operating maintenance budget.
3.8
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FY 2004-2008 Capital Improvement Program
Parks& Landscaping
Veteran's Freedom Park Monument Sign
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
7 Veteran's Freedom Park Improvements (42003A)
Mountain Cove CDF 5,000 5,000
Proposition 40 (per capita) 21,000 21,000
TOTAL 26,000 5,000 21,000
DESCRIPTION: This project provides for various improvements at Veteran's Freedom Park. Specifically it will include the
following:
A. The purchase and installation of cast concrete park monument sign at Veteran's Freedom Park.
B. The park restroom remodel
JUSTIFICATION: The Park currently has no sign signifying the importance of this park to our community. The City's veteran
community supports the installation of this sign and has waited patiently for the sign to be installed.
SCHEDULING: The sign was purchased in August 2003 and will be installed in October 2003.
RELATIONSHIP TO GENERAL PLAN: Project meets general plan vision for park facility improvements.
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
3.9
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FY 2004-2008 Capital Improvement Program
Parks & Landscaping
Public Trash Receptacles
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
8 Public Trash Receptacles (42001B)
General Fund 15,000 15,000
DESCRIPTION: This project includes the purchase of twenty-five concrete trash receptacles. If sufficient funds are available, trash
receptacle liners/cans will be purchased
JUSTIFICATION: Trash receptacle liners/cans are needed for existing receptacles.
SCHEDULING: This project will take place in November 2003.
RELATIONSHIP TO GENERAL PLAN: This project is consistent with the City plan to improving City infrastructure.
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
3.10
E 1 I I 1 1 l 1 1 l l
FY 2004-2008 Capital Improvement Program
Parks &Landscaping
San Gabriel River Bike Path
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
9 San Gabriel River Bike Path (41002A)
Proposition A(Parks) 350,000 350,000
Mountain Cove CFD 100,000 100,000
TOTAL 450,000 350,000 100,000
DESCRIPTION: This project provides for 1.3 miles of eight foot wide, two-lane asphalt paved bike path including a 19 spot trailhead
parking lot, irrigation,plants and vista point seating areas.
JUSTIFICATION: This project is being completed in partnership with the Mountain Cove developers. The construction of a trail is
a condition of their development.
SCHEDULING: A Caltrans permit is required for this project and staff should have this by November 2003. Construction is
anticipated to begin in February 2004 and be completed by May 2004.
RELATIONSHIP TO GENERAL PLAN: This project coincides with general plans vision of providing more recreational
opportunities in the river area.
SPECIAL CONSIDERATIONS: This project is partially funded through a L.A. County Prop. 'A' Grant through L.A. County
Supervisor Gloria Molina's Office.
OPERATING BUDGET IMPACT: The finished facility will be added to Parks Division's annual landscape contract.
3.11
1 1 I I i I I I I I I I I i I I I I i
FY 2004-2008 Capital Improvement Program
Parks & Landscaping
Park System Master Plan
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
10 Park System Master Plan (42001 E)
General Fund 80,000 80,000
Mountain Cove CFD 10,000 10,000
TOTAL 90,000 80,000 10,000
DESCRIPTION: This project provides for the development of a comprehensive Recreation, Park, Green Space and Family Services
Master Plan. The plan focuses on a 20 year vision to improve, develop and expand park space as well as provide quality recreation
program opportunities.
JUSTIFICATION: A plan of this type is necessary for future development and to help secure grants.
SCHEDULING: The contract for this project was awarded in December 2001 and the draft report is scheduled to be presented to the
City Council in September 2003.
RELATIONSHIP TO GENERAL PLAN: This is a vital component of the general plan and should be adopted as a component.
OPERATING BUDGET IMPACT: Plan will help stress the future development of the cities park system.
3.12
I I 1 I 1 1 1 1 I 1 1 1 1 I 1 I I I
FY 2004-2008 Capital Improvement Program
Parks & Landscaping
Grandview Park Improvements (formally Angeleno Park)
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
11 Grandview Park Improvements (formally Angeleno
Park) (42003H)
Quimby Fees 50,000
DESCRIPTION: This project will create a new mini-park in the Grandview neighborhood on a parcel of land donated by Azusa
Light and Water Department. Current funding will provide design and seed money for additional funding through grants.
JUSTIFICATION: The City of Azusa has a shortage of parkland. The addition of this new open space will help increase the city's
over all parkland acreage.
SCHEDULING: The conceptual design will be completed in April 2004.
RELATIONSHIP TO GENERAL PLAN: This project is consistent with the Plan's goal of expanding and/or adding new parkland.
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT:New parkland will need to be maintained by Parks Division at additional cost.
3.13
FY 2004-2008 Capital Improvement Program
Parks & Landscaping
Consultants &Design
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
12 Consultants & Design (420031)
Mountain Cove CFD 51,000 51,000
DESCRIPTION: Provide professional licensed architectural, landscape and engineering design services to the Park Planning and
Development Office.
JUSTIFICATION: This is a necessary item for the creation of plans and specifications for bid documents.
SCHEDULING: Ongoing
RELATIONSHIP TO GENERAL PLAN: Continuous improvement in the park system.
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
3.14
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FY 2004-2008 Capital Improvement Program
Parks& Landscaping
Wilderness Park
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
13 Wilderness Park (42003G)
River Mountain Conservatory 1,000,000 1,000,000
Future Grants 6,000,000 6,000,000
TOTAL 7,000,000 1,000,000 6,000,000
DESCRIPTION: This project provides for approximately 1,400 acre park at the northern end of the City.
JUSTIFICATION: The City Council approved the work plan item as described in the Rio San Gabriel Vision Plan.
SCHEDULING: The first 1.8-acre parcel was acquired in 2002. An additional 50 acres are slated for acquisition in fiscal year 2004
contingent upon grant funding.
RELATIONSHIP TO GENERAL PLAN: This project continues the protection of hillside areas as well as the expansion of open
space contained in the Draft General Plan.
SPECIAL CONSIDERATION: This will be a multiple decade acquisition process and will require operating funds. The project
may be impacted by Congresswoman Hilda Solis' efforts to have the entire San Gabriel River become part of the National Park
System in which case these properties would become a part of the National Park.
OPERATING BUDGET IMPACT: The amount to fund the operating expenses of this proposed park will need to be addressed if it
is determined that this will be a City owned park and not a National Park.
3.15
I I I I I I I I 1 1 I 1 I 1 1 1 I
FY 2004-2008 Capital Improvement Program
Parks& Landscaping
Spreading Basin Beautification
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
14 Spreading Basin Beautification (new project acct.)
Unfunded 2,000,000 2,000,000
DESCRIPTION: This project provides for the landscaping surrounding the water spreading basins on the north terminus of the City.
JUSTIFICATION: The City Council approved the work plan item as described in the Rio San Gabriel Vision Plan.
SCHEDULING: This project will be scheduled as funds become available. Funding was originally slated to come from the Los
Angeles County Public Works Department. Ultimately, it was defunded in 2002,but both City and County staff continue to pursue
other funding options. This project has been selected as one of the five Los Angeles County Public Works sites to be designed and
developed along the San Gabriel River.
RELATIONSHIP TO GENERAL PLAN: This project is consistent with the Draft General Plan in that it lends to beautification
•
and retention of open space objectives
SPECIAL CONSIDERATION: None
OPERATING BUDGET IMPACT: Revenues for operating expenses of this area need to be considered as part of the Wilderness
Park only if the City is to operate and maintain it.
3.16
FY 2003-2008 Capital Improvement Program
Technology Projects
Total Appropriated FY 2005
Estimated Through Adopted Recommended to 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
1 Library Systems Migration (93002D) 100,000 100,000 0 0 0
2 Computer Equipment Replacement(93002B) 40,000 0 40,000 0 0
3 Document Imaging and Workflow(93002C) 100,000 100,000 0 0 0
4 Geographical Information System (93000C) 50,000 50,000 0 0 0
5 Emergency Power Backup System for City Hall Phones(93002H) 10,000 10,000 0 0 0
6 Migration of Q&A Data (93002J) 50,000 50,000 0 0 0
7 Firewall (93002A) 15,000 15,000 0 0 0
8 Server Replacement(93001 B) 14,000 14,000 0 0 0
379,000 339,000 40,000 0 0
4.0
i i i l i l l i l l l l l l i l i i i
FY 2004-2008 Capital Improvement Program
Technology Projects
Library Systems Migration
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
1 Library Systems Migration (93002D)
Equipment Replacement Fund 100,000 100,000
DESCRIPTION: This project provides for the acquisition and implementation of a library systems migration module.
JUSTIFICATION: The migration from antiquated HP-MPE system completed in fiscal year 2003. This project is necessary
because the existing operating system will no longer be supported by HP as of 2004, additional acquisitions module purchased, but not
yet installed.
SCHEDULING: This project is 90%completed. Acquisition module and training will be completed in FY 2004.
RELATIONSHIP TO GENERAL PLAN: None.
SPECIAL CONSIDERATION: None
OPERATING BUDGET IMPACT: It is anticipated that this migration will increase annual maintenance cost by $12,000 annually
and this has already been reflected in the fiscal year 2004 budget.
4.1
i i I I I I I I I I I I I I i I I I i
FY 2004-2008 Capital Improvement Program
Technology Projects
Computer Equipment Replacement
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
2 Computer Equipment Replacement(93002B)
Equipment Replacement Fund 40,000 40,000
DESCRIPTION: This project will provide for citywide capital equipment replacement. This may include funding for scheduled
replacement of internal servers, routers, switches, and/or backup systems.
JUSTIFICATION: Replacement equipment is needed to support the on-going services provided by the city departments.
SCHEDULING: For fiscal year 2004, old and failing equipment within the Police Department's network infrastructure is scheduled
to be replaced. This will use the remaining balance of$26,500 still available in the project account.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATION: None
OPERATING BUDGET IMPACT: None
4.2
i i l l l l l i l l l l l l l i i l
FY 2004-2008 Capital Improvement Program
Technology Projects
Document Imaging and Workflow
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
3 Document Imaging and Workflow (93002C)
Equipment Replacement Fund 100,000 100,000
DESCRIPTION: This project provides for document imaging and workflow for the Community Development Department and the
City Clerk's Office. The implementation of this system will develop a central repository for archival and working documents so that
City Council, the public, and staff can quickly find, view, edit, route, and print managed documents. Specifically, it will include the
following:
A. Manage the City Council documents, including agendas, reports, minutes,resolutions and ordinances.
B. Manage the documents prepared with desktop software applications, e-mail, and scanned documents.
C. Manage images of engineering drawings and related documentation, as well as AutoCAD and GIS files.
D. Maintain an archive of images, maps and documents.
E. Allow staff and the public to quickly find, view, edit, and print managed documents via a browser interface at their
desktops at home.
F. Provide integration with GIS and provide ready-made access to other application such as Utility bill presentations on-line
via the web.
G. Provide tools to allow for workflows, supporting the agenda process, review and approval of contracts, leases, or other
processes.
JUSTIFICATION: The City is required by law and practice to keep documents based on the adopted records retention schedule.
Currently the City stores its documents in filing cabinets, at Iron Mountain(a record storage facility) or in files maintained by the
users and user department either in electronic format or hard copy.
SCHEDULING: This project will be completed in FY 2004
4.3
1 I I I I I I I I I I I I I I I I I I
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATION: None
OPERATING BUDGET IMPACT: It is anticipated that implementation of this project will increase maintenance cost by$26,000
annually and is already reflected in the fiscal year 2004 budget.
4.4
FY 2004-2008 Capital Improvement Program
Technology Projects
Geographical Information System
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
4 Geographical Information System (93000C)
General Fund 50,000 50,000
TOTAL 50,000 50,000
DESCRIPTION: This provides for the purchase and implementation of digital orthophotography of the City and the Utility District.
This project will include planometricdata.
JUSTIFICATION: Since its inception in 2000, GIS has provided numerous maps, data, and information to all departments in the
City. This phase, orthophotography, will add several layers of data to the existing data. Primarily the photo and planometric
information will allow Utilities the jump start needed to get their layers for GIS. Also the building foot prints will assist the Police
Department and be useful in CAD analysis.
SCHEDULING: The project began in February 2003 with the execution of a contract. During FY 2004 the flyover and data
delivery will occur.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATION: None
OPERATING BUDGET IMPACT: This project will not incur any additional annual costs. There is an on-going maintenance cost
for the software that is not part of this project.
4.5
I I I I I 1 I 1 I I I 1 1 1 I 1 I I I
FY 2004-2008 Capital Improvement Program
Technology Projects
Emergency Power Backup System for City Hall Phones
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
5 Emergency Power Backup System for City Hall
Phones (93002H)
Equipment Replacement Fund 10,000 10,000
DESCRIPTION: This project will provide for the installation of Uninterrupted Power Supply (UPS)unit for the phone switch at
City Hall.
JUSTIFICATION: In the event of a natural disaster or major power outage,this unit would allow power to continue at City Hall for
the operation of the phone system.
SCHEDULING: This project will be completed in FY 2004.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATION: None
OPERATING BUDGET IMPACT: None
4.6
1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
FY 2004-2008 Capital Improvement Program
Technology Projects
Migration of Q&A Data
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
6 Migration of Q&A Data (93002J)
Equipment Replacement Fund 50,000 50,000
DESCRIPTION: This project provides for the migration of Q&A data into new and existing HDL applications. This will impact
the code enforcement module with the conversion of all Q&A databases.
JUSTIFICATION: The existing database is not supported by the current hardware.
SCHEDULING: This project will be completed in FY 2004
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATION: None
OPERATING BUDGET IMPACT: None
4.7
FY 2004-2008 Capital Improvement Program
Technology Projects
Firewall
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
7 Firewall (93002A)
Equipment Replacement Fund 15,000 15,000
DESCRIPTION: This project provides for the implementation of network integrity tools and security to be completed via the
network analysis.
JUSTIFICATION: This project reflects the ongoing commitment to upgrade network infrastructure.
SCHEDULING: This project will be completed in FY 2004
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATION: None
OPERATING BUDGET IMPACT: None
4.8
I I I 1 1 I 1 1 1 1 1 1 I 1 I 1 1 1 1
FY 2004-2008 Capital Improvement Program
Technology Projects
Server Replacement
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
8 Server Replacement (93001B)
Equipment Replacement 14,000 14,000
DESCRIPTION: This project provides for a systematic server replacement and upgrades.
JUSTIFICATION: This is consistent with the Information Technology strategic plan for equipment replacement.
SCHEDULING: This is an on-going program using a four-year replacement cycle.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATION: None
OPERATING BUDGET IMPACT: None
4.9
FY 2003-2008 Capital Improvement Program
Downtown Improvement Projects
Total Appropriated FY 2005
Estimated Through Adopted Recommended to 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
1 Downtown Concept Implementation (D97049) 558,560 558,560 0 0 0
General Plan & Development Code Update
2 (902801) 1,837,243 1,215,720 621,523 0 0
2,395,803 1,774,280 621,523 0 0
5.0
i i i I i I I I I I I I I I I I I I I
FY 2004-2008 Capital Improvement Program
Development Improvement Projects
Downtown Concept Implementation
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
Downtown Concept Implementation (D97049)
SECTION 108 LOAN PROCEEDS 558,560 558,560
DESCRIPTION: Section 108 loan proceeds of$2,435,000 were received April 27, 1999,to fund Downtown improvements
including the already completed Streetscape project, new construction of a Pedestrian Breezeway, acquisition of 638 N. Azusa Avenue
and 100 E. Foothill Blvd. (Block 36), and relocation benefits. This project is part of the Redevelopment Agency's Downtown
Revitalization effort.
JUSTIFICATION: The construction of a pedestrian breezeway will allow access from Azusa Avenue to the Heritage Parking Court,
in an effort to promote downtown shopping and use of services. Acquisition of 638 N. Azusa Avenue and 100 E. Foothill Blvd. is
necessary to the planned development of new retail and residential construction on what is known as Block 36.
SCHEDULING: This project began in 1998 with the Streetscape project. New curbs, gutters,paving, landscaping, and street
lighting were completed in 1999. The remainder of the project is scheduled for completion as follows: Acquisition of 638 N. Azusa
Avenue—September 2003; construction of Pedestrian Breezeway—June 30, 2004; and acquisition of 100 E. Foothill Blvd. —
December 31, 2004.
RELATIONSHIP TO GENERAL PLAN: This project will specifically address the following general plan elements: reinforcing
neighborhoods by adding to the housing stock with loft housing on Block 36; promoting commerce by enabling the planned
construction of new retail on Block 36; and improving mobility by encouraging pedestrian access with construction of the Breezeway.
SPECIAL CONSIDERATION: This project is an ongoing Redevelopment effort to revitalize the Downtown area of Azusa. Tax
increment revenues may be used as an additional funding source.
OPERATING BUDGET IMPACT: Upon completion of this project, increases to the operating annual budget will occur through
increased property and sales taxes resulting from an improved Downtown.
5.1
i i i i i i i l 1
FY 2004-2008 Capital Improvement Program
Development Improvement Projects
General Plan and Development Code Update
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
2 General Plan and Development Code Update
(902801)
General Fund 1,537,243 1,065,720 471,523
Redevelopment Fund 300,000 150,000 150,000
TOTAL 1,837,243 1,215,720 621,523
DESCRIPTION: Comprehensive update of the City's General Plan and Development Code, and prepare the necessary technical and
environmental studies in support of this effort.
JUSTIFICATION: The City's General Plan has not been updated in 20 years, and has ceased being able to properly guide the future
development of the City. The new General Plan will address current and future community issues, and the new Development Code
will implement the new direction that will be established by the General Plan.
SCHEDULING: Public hearings will be scheduled for the Fall of 2003, with adoption expected in the first Quarter of 2004.
RELATIONSHIP TO GENERAL PLAN: This is the General Plan.
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
5.2
I I I I 1 I I I I I I I I I I I I 1 1
FY 2003-2008 Capital Improvement Program
Electric Division
Total Appropriated FY 2005
Estimated Through Adopted Recommended to 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
1 Substation Construction & Distribution (82000B) 10,260,000 10,260,000 0 0 0
2 Owl Distribution Circuit Line Extention (84000A) 334,277 334,277 0 0 0
3 City Yard Design&Construction (73001G) 2,200,000 1,750,000 0 450,000 0
4 Street Light System Replacement Eleventy Street(73001 F) 560,000 560,000 0 0 0
5 Distribution Monitor and Automation Phase 1 (73002B) 751,000 251,000 0 0 500,000
6 City Wide Underground Line Extension (73001 E) 600,000 600,000 0 0 0
7 Electric&Water Utility Data Conversion (new project) 250,000 0 0 250,000 0
8 Refurbish Existing Electric Utility Service-Civic Center(new project) 150,000 0 0 150,000 0
15,105,277 13,755,277 0 850,000 500,000
6.0
I I 1 i 1 I I 1 1 1 1 I I 1 I I 1 1 I
FY 2003-2004 Capital Improvement Program
Electric Division
Substation Construction&Distribution
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
1 Substation Construction& Distribution (82000B)
Light Fund 10,260,000 10,260,000
DESCRIPTION: This project includes a new 66-12 kV Electric Substation at 1160 W. Gladstone Street(Kirkwall Substation),
extension of the Edison transmission lines to the substation and Azusa distribution lines from the substation to Azusa's 12 kv system.
JUSTIFICATION: The addition of the new substation, south of the 210 Freeway, adds flexibility of operation and system reliability.
SCHEDULING: Construction will start by September 2003 and it is expected to be completed by the third quarter of this fiscal year.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: Operation and maintenance cost increase by$ 200,000 per year,plus bond(dept service)
payments. In next year's operating budget, this expenditure will be appropriated.
6.1
i i l l
FY 2003-2004 Capital Improvement Program
Electric Division
Owl Distribution Circuit Line Extension
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
2 Owl Distribution Circuit Line Extension (84000A)
Light Fund 334,277 334,277
DESCRIPTION: The project is to provide a main line tie between the Owl and the Hilltop 12 KV
Circuits. Originally budgeted as part of this project, Phase II of the Owl and Hilltop 12 KV Circuit Line Extension conduit and vaults
has been transferred to a separate capital project under the San Gabriel Avenue Medium Project for a cost of$475,723
JUSTIFICATION: The project will improve the switching capabilities between the circuits in the north end of Azusa. The two
circuits provide electrical service to homes and water facilities in the north end of town.
SCHEDULING: Expected completion date fourth quarter of 2003. The contractor Pima Construction completed the conduit and
vault installation in July. Cable for the project is on order and will be installed by electric crews.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATION: The original amount appropriated for this project was $810,000 from the Light Fund. In fiscal year
2003, a total of$410,000 was transferred to San Gabriel Medium Project and in fiscal year 2004 an additional $65,723 has been
transferred.
OPERATING BUDGET IMPACT: Operation and maintenance cost increase minor.
6.2
i i l l i l i l l l l l l l i l l l i
FY 2003-2004 Capital Improvement Program
Electric Division
City Yard Design& Construction
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
3 City Yard Design& Construction (73001G)
Light Fund 2,200,000 1,750,000 450,000
DESCRIPTION: This project is to design and construct a new building for the Electric Division crews who will be relocating out of
the Angeleno Yards.
JUSTIFICATION: This project is necessary to alleviate the over crowed conditions currently existing at the Angeleno Yard
SCHEDULING: The building at 1020 W. 10th street was purchased last fiscal year. The architect is working on retrofitting the
building design to meet code requirements for a public building,plus the addition of a meter shop lunchroom etc. The new building
will be ready for occupancy by the end of fiscal year 2004.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: The additional $450,000 for this project will be used to retrofit the building.
OPERATING BUDGET IMPACT: Operations and maintenance cost increase for building and landscape maintenance.
6.3
1 I I I I I 1 I I I I I I I 1 I I
FY 2003-2004 Capital Improvement Program
Electric Division
Street Light System Replacement Eleventh Street
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
4 Street Light System Replacement Eleventh Street
(73001F)
Light Fund 560,000 560,000
DESCRIPTION: The first phase of this project is located between l l'J'(north) and 12'x' streets from San Gabriel to Orange Avenue.
It includes the replacement of existing high voltage underground street light cable, conduits and fixtures with new low voltage
system (120/240 volts).
JUSTIFICATION: The existing old voltage street light system is deteriorating and repair parts are becoming difficult to find.
SCHEDULING: Phase I of this project is expected to be completed by the second quarter in fiscal year 2005 and will cost an
estimated $225,000.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: Operations and maintenance cost will decrease with new low voltage street light system.
6.4
i i i l l l l i l l l l l l l l l l i
FY 2003-2004 Capital Improvement Program
Electric Division
Distribution Monitor and Automation Phase 1
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
5 Distribution Monitor and Automation Phase 1
(73002B)
Light Fund 750,000 250,000 500,000
DESCRIPTION: This project is for the replacement of existing electric relays at the Azusa Substation located at 809 North
Angeleno.
JUSTIFICATION: In Phase 1, the existing relays are nearing the end of their projected life cycle of 15 years. The new relays will
provide some monitoring and automation capabilities that the current relays lack. Phase 2 & 3 distribution monitoring and automation
to follow in fiscal years 2005 and 2006.
SCHEDULING: This project is scheduled to begin Phase I construction in the fourth quarter of fiscal year 2004. Funding for Phase
II and III will be appropriated in the future.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: Operations and maintenance cost will not be impacted
6.5
FY 2003-2004 Capital Improvement Program
Electric Division
City Wide Underground Line Extension
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
6 City Wide Underground Line Extension (73001E)
Light Fund 600,000 600,000
DESCRIPTION: This project provides for the undergrounding of electrical lines. Although there in no current project anticipated at
this time, Azusa Pacific University Krems was previously completed under this project.
FY2000/2001
JUSTIFICATION: This project will enhance the aesthetic quality of the streetscape by removing unsightly utility poles and
overhead wires.
SCHEDULING: This project will continue to be scheduled as specific undergrounding projects are identified and funding is
available
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
6.6
i i i i t i i i I i I I
FY 2003-2004 Capital Improvement Program
Electric Division
Electric & Water Utility Data Conversion
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
7 Electric & Water Utility Data Conversion (new
project)
Light Fund 166,667 166,667
Water Fund 83,333 83,333
TOTAL 250,000 250,000
DESCRIPTION: Utility data conversion services and data gathering of field attributes after completion of city aerial photography.
JUSTIFICATION: Conversion of new and existing electric/water utility system infrastructure data and field attributes into new
City base aerial photo map.
SCHEDULING: Implementation scheduled after city aerial photo is complete.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
6.7
1 I I I I I I I I I I I I I I I I I I
FY 2003-2004 Capital Improvement Program
Electric Division
Refurbish Existing Electric Utility Service-Civic Center
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
8 Refurbish Existing Electric Utility Service-Civic
Center (new project)
Light Fund 150,000 150,000
DESCRIPTION: Remove old service equipment and install above ground padmounted transformers for electric service at Civic
Center.
JUSTIFICATION: Preventative maintenance and replacement of old equipment located in basement vault of city hall will provide
reliability of service.
SCHEDULING: This project will be scheduled in the later part of fiscal year 2004
RELATIONSHIP TO GENERAL PLAN: None
OPERATING BUDGET IMPACT: None
6.8
I ! 1 1 1 I I I I I I I 1 I I I I 1 I
FY 2003-2008 Capital Improvement Program
Water Division
Total Appropriated FY 2005
Estimated Through Adopted Recommended to 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
1 Replacement of Waterlines (72101L) 473,000 473,000 0 0 0
2 Upsize Discharges Wells#2  (72101N) 960,000 960,000 0 0 0
3 Well No. 10 Treatment Plant Design and Construction(new project) 2,000,000 0 0 2,000,000 0
4 Well No. 10 Treatment Plant Structure (new project) 200,000 0 0 200,000 0
5 Azusa Spreading Grounds Wells (72101P) 4,199,243 4,199,243 0 0 0
6 5,550 LF 12" Pipeline-6th St.-from Virginia to Cerritos (72102D) 578,000 578,000 0 0 0
7 Rehabilitation of Sierra Madre Reservoir(72102C) 300,000 300,000 0 0 0
8 Install radio controls for SCADA(72101G) 300,000 300,000 0 0 0
9 WTP Landscape, Design and Installation (new project) 75,000 0 0 75,000 0
10 Water Main Replacement(new project) 2,000,000 0 0 2,000,000 0
11 Emergency backup power generator(72103D) 100,000 0 100,000 0 0
12 12 inch waterline crossing of Big Dalton Wash (72103B) 200,000 0 200,000 0 0
13 Upgrade to the Canyon Filtration Plant(72103E) 21,000,000 0 1,000,000 0 20,000,000
14 6300 LF 30"pipeline-Dalton-from Sierra Madre to Fifth St. (72102B) 1,005,000 1,005,000 0 0 0
15 Distribution Main upgrades (72102G) 3,625,710 3,625,710 0 0 • 0
16 12" Pipe-Citrus and Foothill to Barranca and Alosta(72101 B) 557,000 557,000 0 0 0
17 Ph I Heck Pump Station (72101M) 375,000 375,000 0 0 0
18 Build 1 MG steel reservoir- Mt. Cove development(72101E) 1,000,000 1,000,000 0 0 0
19 Northern Transmission Main (72103F) 5,000,000 0 5,000,000 0 0
20 Purchase Pasadena property(72103A) 55,000 0 55,000 0 0
44,002,953 13,372,953 6,355,000 4,275,000 20,000,000
7.0
I 1 I 1 1 1 1 I 1 I I I 1 1 1 1 1 I
FY 2004-2008 Capital Improvement Program
Water Division
Replacement of Waterlines
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
1 _ Replacement of Waterlines
(72101L)
Water Fund 473,000 473,000
DESCRIPTION: To facilitate the service of water to the Mountain Cove development, the developer was required to install
backbone waterlines, specifically 3000 LF of 20" and 16"pipelines. The Water Division required the developer to oversize the
waterlines to provide water service to the water system in addition to the Mountain Cove demands. The City will reimburse the
developer for the costs of upsizing.
JUSTIFICATION: The oversized waterlines were necessary to carry water flows from the oversized water storage reservoir at
Mountain Cove.
SCHEDULING: The pipelines have been installed. This project will remain open until the developer has requested reimbursement.
RELATIONSHIP TO GENERAL PLAN: None
OPERATING BUDGET IMPACT: None
7.1
I I I 1 1 I I 1
FY 2004-2008 Capital Improvement Program
Water Division
Upsize Discharges Wells #2 
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
2 Upsize Discharges Wells #2 
(72101N)
Water Fund 960,000 960,000
DESCRIPTION: Wells number 2 and 3 were identified by the 2000 Water Master Plan Update as needing to have their discharge
pipes increased in capacity to carry the flows of which the wells are capable of producing.
JUSTIFICATION: This project is necessary to add flow capacity to maximize usage of pipes.
SCHEDULING: This project will be scheduled when other construction at the Spreading grounds well field has been completed.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
7.2
FY 2004-2008 Capital Improvement Program
Water Division
Well No. 10 Treatment Plant Design and Construction
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
3 Well No. 10 Treatment Plant Design and
Construction
(new project)
Water Fund 2,000,000 2,000,000
DESCRIPTION: Well No. 10 contains both nitrate and perchlorate, which will have to be treated out of the water. If the Water
Division decides to build its own treatment plant, a capital expenditure estimated in the amount of$2.0 million will be necessary.
JUSTIFICATION: Well No. 10 requires treatment to meet future State Health Department requirements that are expected to be
released in January 2004.
SCHEDULING: By the end of this year, the Water Division will have determined whether it will build the treatment plant or move
forward with an option to lease a treatment plant.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
7.3
FY 2004-2008 Capital Improvement Program
Water Division
Well No. 10 Treatment Plant Structure
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
4 Well No. 10 Treatment Plant Structure
(new project)
Water Fund 200,000 200,000
DESCRIPTION: Well No. 10 contains both nitrate and perchlorate, which will have to be treated out of the water. Regardless of
whether the Water Division decides to lease a treatment plant or build its own treatment plant, a structure will be necessary to house
the treatment processes.
JUSTIFICATION: Treatment processes require protection from the elements.
SCHEDULING: Negotiations are underway with a provider of treatment processes for lease and with a consultant who would like to
do a pilot study at the Well 10 site.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
7.4
FY 2004-2008 Capital Improvement Program
Water Division
Azusa Spreading Grounds Wells
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
5 Azusa Spreading Grounds Wells
(72101P )
Water Fund 4,199,243 4,199,243
DESCRIPTION: The Water Division, in cooperation with the Los Angeles County Public Works Department drilled two wells (11
and 12) at the Spreading Grounds well site. The County agreed to reimburse the City for 50 percent of the cost of the wells upon
completion of the project. Because of difficulties in gaining access across property owned by the City of Pasadena for placement of
the final discharge pipeline,the project has not yet been closed.
JUSTIFICATION: This project is required for mitigation of sluicing operations conducted by the County.
SCHEDULING: Approximately 90%of the budget has been spent and this project will be closed once the final pipeline is installed.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: This project was done on cooperation with the Los Angeles County Public Works Department
OPERATING BUDGET IMPACT: None
7.5
I I I 1 I I I 1 I 1 1 I I I I 1 1 I I
FY 2004-2008 Capital Improvement Program
Water Division
5,500 LF 12" Pipeline- 6th St.- from Virginia to Cerritos
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
6 5,500 LF 12" Pipeline- 6th St.- from Virginia to
Cerritos
(72102D )
Water Fund 578,000 578,000
DESCRIPTION: This project is for the installation of a 12-inch waterline in Sixth Street from Virginia to Cerritos.
JUSTIFICATION: This project is recommended by 2000 Water Master Plan update for improved system water flow.
SCHEDULING: The design has been completed and this project is expected to go out to bid this year.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
7.6
1 i l i l l l l l l l l l l l l l i
FY 2004-2008 Capital Improvement Program
Water Division
Rehabilitation of Sierra Madre Reservoir
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
7 Rehabilitation of Sierra Madre Reservoir
(72102C )
Water Fund 300,000 300,000
DESCRIPTION: The Sierra Madre reservoir is approximately 100 years old and requires an inspection and rehabilitation to repair
leaks.
JUSTIFICATION: The Sierra Madre Reservoir is a vital component of the City's water system.
SCHEDULING: This project is scheduled to begin in the winter of 2003 and will be completed this fiscal year.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
7.7
I I 1 I I I I I I I 1 1 1 I 1 I 1 I
FY 2004 - 2008 Capital Improvement Program
Water Division
Install radio controls for SCADA
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
8 Install radio controls for SCADA
(72101G)
Water Fund 300,000 300,000
DESCRIPTION: The Water Division is currently upgrading its SCADA system to transmit its signal by radio rather than the land
telephone lines used to date. The radio signals will provide improved reliability of control of the water system.
JUSTIFICATION: This project is necessary to provide a more reliable operation of the SCADA system.
SCHEDULING: The upgrade for this project is currently underway and will be completed this fiscal year.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
7.8
FY 2004 - 2008 Capital Improvement Program
Water Division
WTP landscape-design and installation
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
9 WTP Landscape, Design and Installation
(new project)
Water Fund 75,000 75,000
DESCRIPTION: The driveway to the main entrance of the Water Treatment Plant has a sideslope to the east that needs to be retained
and landscaped.
JUSTIFICATION: This project is required for the protection of the driveway and the overall appearance of the Treatment plant.
SCHEDULING: This project is expected to be designed and completed this fiscal year. .
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
7.9
FY 2004 - 2008 Capital Improvement Program
Water Division
Water Main Replacement
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
10 Water Main Replacement
(new project)
Water Fund 2,000,000 2,000,000
DESCRIPTION: This project provides for an aggressive main replacement program to replace old and leaky mains. The Water
Division is also keeping ahead of the Public Works paving and resurfacing program to help ensure that newly pavement will not have
to be cut soon after it is placed.
JUSTIFICATION: Main replacement is necessary to maintain the viability and reliability of the water system.
SCHEDULING: This is an on-going annual program will targets replacement of water mains. The number of miles actually being
repaired fluctuates from year to year, but the annual average is approximately five miles. For fiscal year 2004,the plans and
specifications have been prepared and the project will go to bid by October.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: It is anticipated that this project will receive $2.0 million annually to address this capital issue.
OPERATING BUDGET IMPACT: None
7.10
I I I I I I 1 I I I i I I I 1 1 I I I
FY 2004 - 2008 Capital Improvement Program
Water Division
Emergency backup power generator
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
11 Emergency backup power generator
(72103D)
Water Fund 100,000 100,000
DESCRIPTION: The Water Division requires an additional mobile power generator to provide service as needed at pump stations or
wells during power outage events.
JUSTIFICATION: This project is necessary to provide backup emergency service.
SCHEDULING: The generator has been ordered and will be delivered this year.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
7.11
I I I I I I I I i 1 1 I I I I 1
FY 2004 - 2008 Capital Improvement Program
Water Division
12 inch waterline crossing of Big Dalton Wash
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
12 12 inch waterline crossing of Big Dalton Wash
(72103B )
Water Fund 200,000 200,000
DESCRIPTION: This project includes the installation of a 12-inch waterline across Big Dalton Wash Channel to provide additional
flow to the southeast section of the water system for fire flow events.
JUSTIFICATION: The fire flows in portions of the southeast sections are currently below Fire Department requirements.
SCHEDULING: Project bid out and contracts are signed. It is anticipated that this project will be completed in fiscal year 2004.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
7.12
1 I I I 1 1 I l 1 I I I 1 1 I
FY 2004 - 2008 Capital Improvement Program
Water Division
Upgrade to the Canyon Filtration Plant
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
13 Upgrade to the Canyon Filtration Plant
(72103E)
Water Fund 1,000,000 1,000,000
Future Water Bonds 20,000,000 20,000,000
TOTAL 21,000,000
DESCRIPTION: The Canyon Water Filtration Plant needs upgrading to meet future California Department of Health Services
requirements for water treatment. The initial budget allocation of$1.0 million will include a filter process pilot study and preliminary
design of the treatment plant improvements. Construction of the treatment plant will be done in following years and will be funded
through the issuance of water funded bonds.
JUSTIFICATION: State Health Department requirements have restricted the use of the present water treatment plant.
SCHEDULING: A consultant has been selected to conduct the pilot study and contract negotiations are underway.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
7.13
FY 2004 - 2008 Capital Improvement Program
Water Division
6300 LF 30" pipeline- Dalton- from Sierra Madre to Fifth St.
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
14 6300 LF 30" pipeline-Dalton- from Sierra Madre to
Fifth St
(72102B )
Water Fund 1,005,000 ; 1,005,000
DESCRIPTION: The 2000 Water Master Plan update recommended installation of a 30-inch waterline in Dalton from Sierra Madre
to Fifth St..
JUSTIFICATION: This project is identified in the 2000 Water Master Plan update for improved system water flow.
SCHEDULING: This project has been designed, but construction has not yet scheduled.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
7.14
i i l i l l l l l l l l l l l l l l i
FY 2004 - 2008 Capital Improvement Program
Water Division
Distribution Main upgrades
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
15 Distribution Main upgrades
(72102G)
Water Fund 3,625,710 3,625,710
DESCRIPTION: This project includes the installation of a waterline in the east side of the water system.
JUSTIFICATION: Main upgrades are necessary to maintain the viability and reliability of the water system.
SCHEDULING: The installation is substantially complete,but legal difficulties with the contractor have necessitated keeping the
contract open.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
7.15
FY 2004 -2008 Capital Improvement Program
Water Division
12" Pipe- Citrus and Foothill to Barranca and Alosta
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
16 12" Pipe- Citrus and Foothill to Barranca and Alosta
(72101B)
Water Fund 557,000 557,000
DESCRIPTION: The 2000 Water Master Plan Update has recommended a waterline from Citrus and Foothill, east on Foothill to Barranca then
south on Barranca to Alosta. The purpose of the waterline is to enhance water flow on the system's east side
JUSTIFICATION: This project is recommended in the 2000 Water Master Plan Update.
SCHEDULING: Construction has begun on this project and is scheduled for completion by November 2004.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
7.16
I I I I I 1 I I I I I I 1 I 1
FY 2004 - 2008 Capital Improvement Program
Water Division
Ph I Heck Pump Station
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
17 Ph I Heck Pump Station
(72101M )
Water Fund 375,000 375,000
DESCRIPTION: The Mountain Cove development required a pump station to supply water to the Mountain Cove Reservoir. The
Water Division required the developer to oversize the pump station to provide additional flow to the water system. The costs of
oversizing the pump station will be reimbursed to the developer from the Water Fund.
JUSTIFICATION: This project is necessary to provide additional water flows to the system.
SCHEDULING: This project has been completed but will remain open until final reimbursement has been made to the developer.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
7.17
FY 2004 - 2008 Capital Improvement Program
Water Division
Build 1 MG steel reservoir- Mt. Cove development
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
18 Build 1 MG steel reservoir-Mt. Cove development
(72101E)
Water Fund 1,000,000 1,000,000
DESCRIPTION: The Mountain Cove development required additional storage capacity for fire flow and domestic demand. The storage
required for the development will be funded by the developer and the additional storage will be funded through the Water Fund.
JUSTIFICATION: This project is required in order to support the development and is also recommended in the 2000 Water Master
Plan Update
SCHEDULING: This project has been completed but will remain open until final reimbursement has been made to the developer.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
7.18
i i i i i l i l t i l l l I I
FY 2004 - 2008 Capital Improvement Program
Water Division
Northern Transmission Main
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
19 Northern Transmission Main
( 72103F)
Private Contribution 500,000 500,000
DESCRIPTION: The Water Division has acquired Miller Brewing as a water customer. A service line to the brewery from the
Spreading Grounds wellfield was necessary. The Water Division has done the management of the construction project and Miller
Brewing has agreed to reimburse the Water Division for all costs associated with the installation of the service line.
JUSTIFICATION: This project is necessary in order to serve a large customer.
SCHEDULING: This project has begun and will be completed in fiscal year 2004
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
7.19
i i i i l l l l l l l l l I I
FY 2004 -2008 Capital Improvement Program
Water Division
Purchase Pasadena property
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
20 Purchase Pasadena property
(72103A)
Water Fund 55,000 55,000
DESCRIPTION: In order to complete the Spreading Grounds well project, it may be necessary to purchase right-of-way property
from the City of Pasadena for land they own in Azusa.
JUSTIFICATION: The purchase of this property may be necessary to complete the Spreading Grounds Well project
SCHEDULING: The two cities have begun negotiations on the right-of-way property.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
7.20
I I 1 1 I I
FY 2004 - 2008 Capital Improvement Program
Water Division
Ranger station design/construction
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
21 Ranger station design/construction
(72103C)
Water Fund 700,000 700,000
DESCRIPTION: Azusa Light and Water is Participating with the US Forest Service in the design and construction of a new ranger
station on the grounds of the Canyon Water Treatment Plant. The project includes an interpretive garden at the ranger station site.
JUSTIFICATION: Will improve the entrance to the City Azusa from San Gabriel Canyon Rd.
SCHEDULING: This project has begun.
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: This project is being done in cooperation with the US Forest Service and Los Angeles County
OPERATING BUDGET IMPACT: None
7.21
1 1 1 1 1 I 1 1 1 1 1 1 I 1 I 1 1
FY 2004 -2008 Capital Improvement Program
Water Division
Rockvale Booster upgrade
Total Appropriated FY 2005
Estimated Through Adopted Recomnd To 2008
Priority Description Cost FY 2002 FY 2003 FY 2004 Estimated Cost
22 Rockvale Booster upgrade
(72101C )
Water Fund 150,000 150,000
DESCRIPTION: The existing Rockvale Boosters require an upgrade to increase their ability to pump water to the upper pressure zones that
will serve the Monrovia Nursery development. The Booster station will also require an appearance upgrade to fit in with the Azusa Pacific General
Plan improvements.
JUSTIFICATION: This project is recommended in the 2000 Water Master Plan update.
SCHEDULING: This project will begin after the completion of the Azusa Pacific University Master Plan
RELATIONSHIP TO GENERAL PLAN: None
SPECIAL CONSIDERATIONS: None
OPERATING BUDGET IMPACT: None
7.22
IOINT PUBLIC HEARING COUNCILIAGENCY
TO: CHAIRPERSON AND MEMBERS OF REDEVELOPMENT AGENCY BOARD
FROM: MICHAEL HENNESSEY, ECONOMIC DEV./REDEVELOPMENT DIRECTOR t
JOSE AMADOR, ECONOMIC DEV./REDEVELOPMENT ASSISTANT DIRECTOR
VIA: RICK COLE, EXECUTIVE DIRECTOR W�a tJ
DATE: OCTOBER 20, 2003
SUBJECT: RECOMMENDATION REGARDING A DISPOSITION AND DEVELOPMENT
AGREEMENT FOR THE REDEVELOPMENT OF AGENCY PROPERTY LOCATED
AT 619-621 N. AZUSA AVENUE (TALLEY BUILDING).
RECOMMENDATION
It is recommended that the Redevelopment Agency Board ("Agency Board") and City
Council conduct a joint public hearing to consider adoption of the following documents:
1. Two Resolutions approving and authorizing the execution of the Disposition and
Development Agreement ("DDA") between the City of Azusa Redevelopment
Agency and SY Development Corporation, a Nevada Corporation ("Developer");
and
2. A Mitigated Negative Declaration and Mitigation Monitoring Program for the
redevelopment of the Agency property.
BACKGROUND
The City has identified the Talley Building as one of the key properties for the
redevelopment of the City's northern downtown corridor. Its historic appearance is
attractive and reflective of Azusa's past. Plans for the building's redevelopment are
focused on keeping the historic appearance, while creating lease space that is
marketable for future businesses as expressed in the Downtown Vision and Positioning
Strategy.
Three years ago two developers expressed interest in redeveloping the Talley Building.
Proposals were requested from the developers. SY Development Corporation was
selected because their proposal met with City's vision and land use requirements, and
i
Chairperson and Members of Redevelopment Agency Board
619-621 N.Azusa Avenue
October 20,2003
Page 2 of 3
their experience in developing the type of project proposed. Since that time, the
Developer and City staff has created a mixed-use plan that addresses the City's vision,
the Cultural and Historic Landmark Commission's (CHLC) specifications, and the
Developer's investment needs and requirements.
Subject Property and Existing Improvements
The subject site consists of two parcels totaling 7,000 square feet in size (refer to Site
Map, Exhibit "A"). The property is improved with a 7,200 square feet building which is
currently unoccupied. The existing building has front access from Azusa Avenue and rear
access from the shared parking lot to the rear of the building. The structure is in very
poor condition and requires major rehabilitation and seismic reinforcement in order to
occupy it.
Proposed Scope of Development and Financial Considerations
The proposed development will consist of approximately 3,462 square feet of ground
floor retail with restaurant space, and five loft apartments on the second and third floors.
Apartment size will range from 845 square feet to 1,297 square feet. The third floor will
be recessed at the rear to avoid any disturbance of the western view of the east facade.
An outdoors dining area Is also proposed along the planned breezeway to the south of
the building. Key features of the rehabilitation are the historic maintenance of the east
facade, and the design and use of materials for windows and doors as specified by the
CHLC. It is anticipated that the proposed project along with the Dr. Reyes dental office
and the breezeway redevelopment projects will act as a catalyst to attract new
businesses and investors to the downtown area.
The proposed development and the responsibilities and obligations of the Developer and
Agency are documented and implemented via a DDA. The DDA generally states that the
developer will perform all the tasks required to implement and construct the proposed
project, and that the Agency will provide assistance consisting of a land write-down to
one dollar, and a grant of $450,000. A summary transaction report, pursuant to Section
33433 of California Community Redevelopment Law, has been prepared to substantiate
the need for the proposed assistance.
FISCAL IMPACT
Total fiscal impact to the City/Agency is estimated at $908,000. This includes a land-
write down to one dollar of the property originally acquired at $152,750, $272,050 in
prior expenses incurred since the acquisition of the property in 1989, grant assistance in
the amount of $450,000, and projected administrative and legal expenses estimated at
$34,000. Sources for the $450,000 grant include $300,000 form the Agency's capital
project funds, and a $150,000 loan to the Agency from the Light and Water Department.
The Light and Water funds have not been formally budgeted, but will be presented to the
CounciVAgency Board at a subsequent date.
n
Chairperson and Members of Redevelopment Agency Board
619-621 N.Azusa Avenue
October 20, 2003
Page 3 of 3
Exhibits: "A" Site Map
"B" Redevelopment Agency Board Resolution
"C" Disposition and Development Agreement
"D" Summary Report and Reuse Valuation Report Pursuant to Section
33433 of California Community Redevelopment Law
OF Environmental Checklist, Mitigated Negative Declaration, and
Mitigation Monitoring and Reporting Program
EXHIBIT A
II I I ( i
HERITAGE SQUARE PARKING LOT
I II I �
DR, REYES TALLEY
DENTAL BUILDING
OFFICE ! f�
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N
W
W I
f
(613-615) 617 (619-621)
I
AZUSA AVENUE
NORTH
NOT TO SCALE
,. �7
RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF AZUSA APPROVING THE DISPOSITION AND DEVELOPMENT
AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA AND SY DEVELOPMENT, A NEVADA
CORPORATION
WHEREAS, the Redevelopment Agency of the City of Azusa ("Agency") is
engaged in activities necessary to execute and implement the redevelopment plan
("Redevelopment Plan's for the Merged Central Business District/ West End Project Area
(`Project Area");
WHEREAS, the Agency is the owner of certain real property ("Property")
located within the Project Area which consists of approximately 7,000 square feet and is
improved with an existing 7,200 square foot, two-story brick building, and is more particularly
described within the Agreement(defined below);
WHEREAS,the Property is located within the Project Area;
WHEREAS, the Agency and SY Development("Developer") have negotiated the
terms of a Disposition and Development Agreement("Agreement")which provides, among other
things, for the sale by the Agency to Developer of the Property and the Developer's
rehabilitation of existing improvements as well as Developer's construction of certain
improvements on and adjacent to the Property, as more particularly described in the Agreement
("Project');
WHEREAS, Section 33430 of the California Community Redevelopment Law
(Health & Safety Code 33000, et seq.) ("CRL') authorizes the Agency to sell or lease real
property for redevelopment purposes;
WHEREAS, CRL Sections 33431 and 33433 require the Agency to hold a public
hearing before making any sale pursuant to CRL Section 33430 without public bidding;
WHEREAS, pursuant to CRL Section 33433, the Agency has prepared a
summary report setting forth, among other things, the cost of the Agreement to the Agency and
has made said report available for public inspection in accordance with the CRL;
WHEREAS, pursuant to CRL Section 33433, the City Council of the City of
Azusa ("City Council") must adopt a resolution making certain findings after a duly noticed,
public hearing has been held to consider the approval of the proposed Agreement;
WHEREAS, pursuant to CRL Section 33433, the Agency and City have held a
duly noticed public hearing concerning the approval of the proposed Agreement and the sale of
the Property; and
WHEREAS, the Agency staff has determined pursuant to the California
Environmental Quality Act ("CEQA") and State CEQA Guidelines, that the Agreement will not
have a significant effect on the environment and that the Mitigated Negative Declaration to be
adopted on October 20, 2003 by the Agency as lead agency adequately addresses the
environmental impact of the Project.
' NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
AZUSA, CALIFORNIA DOES RESOLVE AS FOLLOWS:
Section 1. The Agency approves the Agreement in substantially the form presented to the
Agency, a copy of which is on file with the Agency Secretary.
Section 2. The Agency Executive Director is authorized to execute the Agreement on behalf
of the Agency, together with such non-substantive changes and amendments as may be approved
by the Agency Executive Director and Agency Counsel. The Agency Executive Director is
authorized to take any action and execute any and all documents and agreements necessary to
implement the Agreement.
Exhibit"B"
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aa!;oN u olg o;gu;s AouogV s;oanp `Vjig�iapnn AouaSs peal aqi se `AouaStr aq I £uo!;aaS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA APPROVING SALE OF REAL PROPERTY
(PURSUANT TO CALIFORNIA HEALTH AND SAFETY
CODE SECTION 33421.1, 33433 AND 33445) IN
CONJUNCTION WITH THE DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
AND SY DEVELOPMENT,A NEVADA CORPORATION
WHEREAS, The Redevelopment Agency of the City of Azusa("Agency") is engaged in
activities necessary to execute and implement the redevelopment plan ("Redevelopment Plan")
for the Merged Central Business District/West End Project Area("Project Area") pursuant to the
provisions of the California Community Redevelopment Law (Health and Safety Code Section
33000 et seq.) ("CRL");
WHEREAS,the Agency is the owner of certain real property("Property") located within
the Project Area which consists of approximately 7,000 square feet and is improved with an
existing 7,200 square foot, two-story brick building, and is more particularly described within the
Agreement (defined below);
WHEREAS, the Property is located within the Project Area within the City of Azusa
("City");
WHEREAS, the Agency and SY Development ("Developer") have negotiated the terms
of a Disposition and Development Agreement ("Agreement") which provides, among other
things, for the sale by the Agency to Developer of the Property and the Developer's
rehabilitation of existing improvements as well as Developer's construction of certain
improvements on and adjacent to the Property, as more particularly described in the Agreement
("Project");
WHEREAS, CRL Sections 33430, 33431 and 33433 authorize the Agency to sell real
property for the purposes of redevelopment;
WHEREAS, in accordance with CRL Section 33431, on October 6, 2003, and October
14, 2003, the City caused notice of a public hearing to be held on October 20, 2003, to be
published in the San Gabriel Valley Tribune, a newspaper of general circulation within the City's
territorial jurisdiction;
WHEREAS, pursuant to CRL Section 33433,the Agency has prepared a summary report
setting forth, among other things, the cost of the Agreement to the Agency and has made said
report and a copy of the Agreement available for public inspection in accordance with the CRL;
WHEREAS, also pursuant to CRL Section 33433, the City Council, as the Agency's
legislative body, may approve the Agreement after a duly noticed public hearing has been held to
consider the Agreement;
WHEREAS, among other things,the Agreement also provides for the Agency's payment
of certain public improvements ("Improvements')related to the Project;
'WMREAS, pursuant to CRL Section 33445, the Agency may, with the consent of the
City Council,pay all or part of the costs of the publicly owned Improvements if the City Council
makes certain findings;
WHEREAS,pursuant to CRL Section 33421.1,the City Council is also required to make
a finding that the Agency's payment for the improvements is necessary to effectuate the purpose
of the Redevelopment Plan;
WHEREAS, the rehabilitation, construction and operation of the Project pursuant to the
Agreement will be of benefit to the Project Area, is in the best interest of the City and is in
Exhibit`B"
i
•
41W
INFORMAL HEARING
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: DAVE RUDISEL, COMMUNITY IMPROVEMENT MANAGER
VIA: ROY E. BRUCKNER, COMMUNITY DEVELOPMENT DIRECTOR
RICK COLE, CITY MANAGER I- `
DATE: OCTOBER 20, 2003
SUBJECT: PUBLIC NUISANCE APPEAL FOR 326 N. AZUSA AVE AND REQUEST FOR
CONTINUANCE
RECOMMENDATION
It is recommended that the City Council grant a six (6) month continuance as
requested by the property owner to correct alleged violations.
BACKGROUND
The property at 326 N. Azusa Ave. is a commercial "C-2" zoned property occupied by
a business named "Sir-Stripe-A-Lot" Involved in the striping, paving, and seal coating
of parking lots. On or about July 14, 2003, the Community Improvement Division
received complaints from near-by residents about the placement and use of portable
toilets at the rear of the property that emitted unpleasant chemical odors. While
Investigating the complaint, a Community Improvement Inspector determined that the
business was operating in violation of conditions set forth in Precise Plan of Design
#P-89-232, had constructed a patio cover without Building or Planning approvals, that
the property was being used as a contractors storage yard in the "C-2" Zone, and that
the six (6) foot high block wall was topped with razor wire that extended the fence
height to approximately eight (8) feet in height.
On September 3, 2003, the property was declared a Public Nuisance for several
violations, including; Outside storage of trucks and materials in violation of Precise
Plan of Design conditions, failure to maintain nine (9) parking spaces, an unpermitted
patio cover, fence height in excess of the permitted six (6) feet in height, and the use
of razor wire In a "C-2" Zone. Following the determination by the Administrative
Hearing Officer that the conditions were a Public Nuisance, an Order to Abate was
Issued giving the property owner ninety (90) days to bring the property Into
compliance and abate the nuisance (copy attached). The property owner filed a timely
appeal on only one portion of the Public Nuisance Declaration and Order to Abate
Involving the fence height on September 8, 2003. Mr. Michael F. Obrand, the Attorney
i
e
representing the appellant, amended the property owner's appeal on September 11,
2003, to include all violations cited in the Declaration of Public Nuisance (copy of
arrlended appeal attached).
In order to address each Issue in responding to this appeal, staff reviewed each
violation and found the following:
1. With respect to the storage of trucks and materials, staff has determined that a
Variance obtained in 1989, in conjunction with Precise Plan of Design #P-89-232 for
the original building construction with reduced side-yard setbacks. The original
development standards specifically prohibited outside storage on the property. This
item is detailed in Resolution #90-7 of the Azusa Planning Commission and found In
"Exhibit A", Item #2-m, attached thereto (copy attached). This provision was
consistent with the 1957 Zoning Code that remained In effect until 1992, when the
Zoning Code was amended to allow outside storage of materials (Ref. §86-714 (4)
1992 Azusa Zoning Code). The 1992 Zoning Code Amendment read as follows:
"Uses customarily Incidental to retail commerce or accessory buildings when
located on the same lot, provided that there shall be no storage,
manufacturing, assembling, compounding, processing or treatment of
products, other than that which is clearly incidental and essential to a retail
store or business and where all such Products are sold at retail on the
Premises." [Emphasls added]
However, in 1996, the Azusa Zoning Code was again amended and allowed outside
storage without regard to retail sales onsite in the "C-2" Zone as long as the outside
storage met specific criteria (Ref. §88-1100 (b) (2) & (4) 1996 Azusa Zoning Code).
These provisions remain current and read, in part, as follows:
"(2) All outdoor storage shall be fully screened from public view by a six-foot
high block wall or opaque fencing materials". [Emphasis added) (Note that the
current provision no longar restricts outside storage to materials used or sold
onsite)
"(4) No outdoor storage shall encroach into reauired Parking spaces, or
driveway aisles." [Emphas/s added] (Note that the appellant does use
portlons of parking spaces for placement of materials for what appears to be
temporary storage as evidenced in photographs of the park&W area.)
Based on the foregoing, it is staff's opinion that while the original Zoning Code
precluded outside storage for uses such as this when the property was developed, the
1996 Zoning Code amendment allowed outside storage of any nature as a permitted
right as long as it did not encroach on required parking spaces, and complied with
screening requirements. In this instance, the utilization of required parking spaces for
temporary placement of delivered job materials appears to be transitory in nature. On
September 24, 2003, materials were no longer present according to the appellant.
2. With respect to the Owner's failure to maintain nine (9) parking spaces, staff's
review determined that an addition to the building in 1992, allowed the property
2
i
owner to reduce the number of spaces to seven (7), because the Zoning Code only
required four (4). This latter determination is Incorporated in the Planning Division's
report to the Planning Commission in 1989, and is the basis for allowing a building
addition in 1992 that eliminated two (2) of the original parking spaces (Ref. Precise
Plan of Design #P-92-82 attached), without the need to modify the 1989 Variance.
The issue concerning the reduced number of required parking spaces was unknown to
both the Administrative Hearing Officer and the Community Improvement Inspector at
the time of the Administrative Hearing. On September 24, 2003, the property owner
advised that he would re-stripe the parking lot to be consistent with the latest
approved parking plan and depicted In Precise Plan #P-92-82.
Based on the foregoing, the determination that nine (9) parking spaces would need to
be retained is erroneous based on information discovered after the Administrative
Hearing.
3. With respect to the patio cover discovered by the Community Improvement
Inspector, no records were found concerning any Planning Division or Building Division
approval. The search for records Included a review of electronic records, microfiche
records, and paper files. Based on staff's review, it is unlikely that the structure was
ever permitted in any form, and that a reasonable conclusion can be made that the
structure is "unpermitted".
4. The issue involving the fence height and use of razor wire on this property is
not new, and was brought before the City Council once before on a previous appeal in
1995. At that time Council did not confirm or deny the appeal, but simply withdrew
the action initiated by staff (copy of April 3, 1995 Council Minutes attached). In the
absence of clear direction from Council on whether to enforce fence height standards,
such violations have been enforced primarily in conjunction with other violations, as in
this case.
In this regard, the Zoning Code is clear:
A. Table 88-645 of Section 88-645 of the Municipal Code, entitled Height
Restrictions for Fences, Walls, and Hedges, states that the maximum height for
the rear and side yards is 6 ft.
B. Section 88-645(c) states that ".... Barbed wire and razor wire are prohibited in
all zones, except industrial zones....."
In the 1995 case, and again in the current case, the appellant points to other
properties with fences over six (6) feet in height, and specifically Identifies 227 N.
Azusa Ave., and 232 N. Azusa Ave. as examples. In response, it must be noted that
the Council did in fact act on 227 N. Azusa Ave. last year when the property was
declared a Public Nuisance and Council authorized civil litigation by the City Attorney
to remove an un-permitted contractors storage yard and over-height fences.
With respect to 232 N. Azusa Ave., portions of the fence do appear to be constructed
In violation of the six (6) foot height limit in the "C-2" Zone and Staff will deal with
3
that property separately. In fact, there are probably a number of fence violations
throughout the city at any given time. However, that argument cannot be used to
justify a specific violation, as the appellant is trying to do in this case. Please see the
attached excerpt from Curtin's California Land Use and PlannirLa Law (1998 Edition)
for guidance.
The appellant has the right to request either a Minor or Major Variance to exceed the
maximum fence height. A Minor Variance would allow the appellant to apply
for 20% increase in the permitted six (6) foot fence height, which, if approved, would
allow a maximum height of seven feet-two inches (7'2"). To permit the full eight (8)
foot-high fence, a Major Variance request would be needed.
On September 23, 2003, the Owner requested a that the City Council grant a six (6)
month continuance in order to apply for a Variance and secure all required drawings
from an Architect or Engineer. Staff believes the continuance should be granted.
FISCAL IMPACT
Denial of the Appeal, or any portion, may result In added unbudgeted legal expenses
should the Owner appeal an adverse decision to Superior Court for a "Writ of
Mandamus". This expense is estimated at $30,000.
Attachments: Request for six (6) month continuance
Precise Plan #P-92-82
Appeal and 6 photographs submitted by Appellant
Public Nuisance Declaration and Order to Abate dated September 3,
2003 with 3 photographs
City Council Minutes dated March 6, 1995
City Council Minutes dated April 3, 1995
Copy of Page 242 "Curtin's California Land Use and Planning Law" (see
paragraph 3)
4
MICHAEL F . OBRAND
ATTORNEY AT LAW
34080 GOLDEN LANTERN, SUITE 301
DANA POINT, CALIFORNIA 92629
TEL: (949) 240-6150; FAX: (949) 240-6420
E-MArL: mobrand@earthlink net
'Also a Member of the Colorado Bar
September 26, 2003
Sent via Facsimile and U.S. Mail
City Clerk
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702
Re: Appeal of Declaration of Public Nuisance and Orderto Abate Property at 326
North Azusa Avenue, Azusa, CA 91702
Case No. 03-C-396-M
Dear City Clerk:
Lawrence Harringer,the owner of the referenced property,requests that the hearing
of the above-referenced appeal to the Azusa City Council,presently scheduled for October
6,2003, be continued for six months.A continuance is necessary so that Mr. Han Inger will
have time to apply for a variance to increase the height of his fence so as to obviate the
security need for razorwire. In addition,because it appears the patio cover may have been
constructed without a building permit, Mr. Harringer would like some time to apply for a
building permit for this improvement.
Mr. Harringer and I met with David Rudisel, Azusa Community Improvement
Manager, on September 23, 2003 to discuss the alleged violations. As a result of this
meeting,we are confident we can informally resolve the other issues to the satisfaction of
the City of Azusa and Mr. Harringer.
Thank you for your assistance in this matter.
Very Truly Yours,
MICHAEL F. OBRAND
cc: Larry Harringer /
An Additioi 3r an employer lounge
FINDINGS OF THE COMMUNITY DEVEWPMENT DIRECTOR OF
THE CITY OF AZUSA APPROVING A PRECISE PIAN OF DESIGN
'ursuant to Section 19.56.060(1) of the Azusa Municipal Code, the Community
:evalopment Director finds and determines from the facts presented and from
.nvestigation:
1. That MARK DROP/TOP NOTCN CONST. has duly filed an application for
ipproval of a Prac sa Plan of Design for property described on the
clot plan on fila with the Planning Commission marked P-92-82
2. That said Precise Plan of Design would not substantially
epreciate property values in the vicinity and would not unreasonably
nterfere with the use or enjoyment of property in the vicinity by the
ccupants thereof for lawful purposes and would not adversely affect the
ublic peace, health, safety or general welfare.
3. That, based upon the aforementioned findings, said Precise Plan
f Design is approved subject to the conditions attached hereto as Exhibit
A^, and incorporated herein by reference.
4. Said Precise Plan of Design shall become effective and a building
t:mit may be issued pursuant to Section 19.56.080 of the Azusa Municipal
7de only after these findings and conditions have been accepted in writing
F the owner of the described property.
S. The approval hereby granted is conditional upon the privileges
ging utilized within six (6) months after the effective date thereof and,
I they are not utilized or construction work is not begun within said time
:d carried on diligently in accordance with conditions imposed, this
:proval shall become void and any permission or privileges granted hereby
:all be deemed to have elapsed.
,proved this 7--7"t- day of `- Our
PLANNING DIVISION
OWNER'S ACCEPTANCE
hereby certify that I an the owner (or representative of owner) of the
scribed property, that I have read the conditions attached to the
proval of this Precise Plan of Design, and that I do accept them and will
ids by them in the construction of a proposed use. I understand that
is approval and acceptance is trap errab .0 subject to the attached
nditiors.
SIGNED AQYds-PRoQ
ADDRESS: 12 . N. Arting AVonue
Beeper 495-8251 CITY: Azyaam Ca, 91702
Building PHONE NO. ( 818 ) 812-6321 (z p c e)
i
Applicant
Planning Division (original)
1
Exhibit ala
P-92-82
326 N. Azusa Ave.
An addition for an employer lounge
1. All requirements of the Planning Division shall be met,
including but not limited to the following:
a. The approval hereby granted is conditional upon the
privileges being utilized within six (6) months after
the effective date thereof and if they are not utilized
or construction work is not begun within said time and
carried on diligently in accordance with conditions
imposed, this approval shall become void and any
permission or privilege granted hereby shall be deemed
to have elapsed.
b. All uses shall comply with Section(s) 19.24 of the
Azusa Municipal Code.
C. All necessary permits shall be obtained.
d. All applicable Building Department and Fire Department
requirements shall be met at all times.
e. All construction and uses shall be in conformance with
the plot plan submitted.
f. The addition shall match existing structure in exterior
colors and materials.
g. 4 parking space(s) shall be provided and maintained
in accordance with Chapter 19.48 of the Azusa Municipal
Code.
h. Landscaping shall be adequately maintained at all times
including, but not limited to, irrigation, weeding,
and/or replacement when necessary.
i. All portions Of lot, with the exception of driveway
areas and building locations shown on plans submitted,
shall be completely and adequately landscaped at all
times.
J.
acceptable iscondition ates shall emaintained All buildings and
walls shall be maintained in good repair at all times.
Any offensive markings shall be removed immediately.
k. Trash enclosures shall be provided and constructed to
City of Azusa standards, consisting of decorative
masonry block walls and solid steel gates.
1. The office building including the lounge shall not be
used for living purposes.
2. All requirements of the Public works Department shall be not,
including but not limited to the following:
a. No work within the public right of way shall be
commenced without first obtaining a public works permit.
3. All requirements of the Building Division shall be met,
including but not limited to the following:
a. Applicant shall conform to the 1988 Uniform Model Codes
and all applicable Azusa Municipal Ordinances.
b. All plan check fees shall be paid at the time of plan
check submittal.
C. Electrical, mechanical, plumbing plan check fees are
required.
d. Energy plan check fees are required.
e. Applicant shall submit four copies of foundation,
framing, floor and elevation plans for plan check.
f. Structural, architectural, electrical, mechanical,
plumbing plans shall be designed by a State of
California Registered Engineer, or a State of California
Registered Architect.
Page 1 of 2
EXHIBIT "A"
P-92-82
q. Applicant shall submit two copies of structural and/or
energy calculations simultaneous with the construction
plans.
h. Electrical, mechanical plumbing plans shall be submitted
for plan check simultaneous with the construction plans.
i. All appropriate development fees shall be paid in full
prior to issuance of any building permit.
J. Applicant recognizes that approval granted is for
planning and zoning only and the owner is obligated to
meet all applicable Building Division requirements.
4. That all conditions of the Light Department shall be net,
including but not limited to the following:
a. Contact Light Department as soon as possible for
specifications and requirements.
b. Utilities shall be undergrounded. Developer to provide
all conduits, pull boxes, transformer pads, street
lights as necessary.
C. Service is to be undergrounded as indicated on plan. A
minimum of 2-1/2" conduit, rigid steel the first 100 of
riser; remainder to be schedule 8o pvc.
d. Need electrical load information. Transformer will not
be ordered until information is supplied and 254 of the
transformer cost is deposited with the Light Department.
There is an 18-23 weak delivery on transformers.
Page 2 of 2
09/11/2003 14:43 9492406420 MICHAEL F 0BPA4D PAGE 02/03
MICHAEL F . OBRAND
AT•j.+ORNEY AT LAW
34080 GoxoEN LANTERN, SUjTE 301
]DANA POINT, CALIFORNjA 92629
`.I'EL: (949)240-6150; FANG: (949)240-6420 :,-
E-MAM:mobiand(a earthlink net
•ALo a Member of ft Cobado Bw
September 11, 2003
Sent via Facsimile only
City Clerk
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702
Re: Case No. 03-C-396-M
326 North Azusa Avenue,Azusa, CA 91702
Assessor's No. 8611 019018
Dear City Clerk:
I am the attomeyfor Larry Harringer,the ownerofthe referenced property.Enclosed
please find an Amended Notice of Appeal in City of Azusa Case No. 03-C-396-M. The
Property owner desires to appeal all 5 alleged Violations.
I understand the appeal has been set for hearing on October 6, 2003 at 7:30 p.m.
before the City Council. If you need additional information, please let me know.
Thank you for your assistance In this matter.
Very Truly Yours,
Yea
MICHAEL F. OBRAND
cc: Larry Harringer
09/11/2003 14:43 9492406420 MICHAEL F OHS PAGE 03/03
AMENDED NOTICE OF APPEAL
CASE NO. 03-G 396-M
326 NORTH AZUSA AVENUE, AZUSA. CA 91702
Owner. Larry Harringer
Address: c!o Michael Obrand, Attorney at Law, 34080 Golden Lantern, Suite 301, Dana
Point, CA 92629-2679
Property declared to be a nuisance: 326 N. Azusa Avenue, Azusa, CA 91702
City Case No. 03-C-396-M
Grounds for Appeal:
1. Property has been used for storage of trucks and materials for over ten years.
Other properties in the same neighborhood and zone are being similarly used without
objection by City of Asuza.
2. Owner has more than 9 parking spaces available for use of property.
3. Owner believes patio cover was constructed with building permit. in any event,
present owner purchased the property with existing patio cover.
6 feet.4. Other properties In immediate neighborhood and zone have fences in excess of
5. Other properties in immediate neighborhood and zone have fences with barbed
or razor wire, property owner needs this type of fencing for security reasons and City of
Azusa previously allowed this use.
Dated: September 11, 2003
Mibhael F. Obrand, Attorney for
Property Owner
99/11/2003 14:43 9492406420 MICHAEL F OBRAND PAC? 01/03
MICHAEL F . OsRANI)
ATTop,NEY AT LAW
34480 GOLDEN LANTEt2N, surx8 301
DANA POIlVT, CALIpORMA, 92629
TM, (949)244-6150: FAX: (948)240-6420
E-MAII.:mobrand& tthIjnXnet
FACSIMILE COVER SHEET
To: City Clerk, City of Azusa
Fax#: 626-812-57 55
Copy to: Larry Harringer
Fax#: (626) 969-8843
From: Michael F. Obrand
Date: September 11, 2003
Time:. 3:45 pm
File Name: Harringer
Total Number of Pages (including this rover): 3
MESSAGE OR DESCRIPTION OF DOCUMENT(S) TRA.NSMMM:
Please see attached letter dated 9.11.03 and Amended Notice of Appeal.
THIS MESSAGE AND ANY ATTACHMENTS ARE INTENDED ONLY FOR THE USE OF THE
PERSON TO WHOM THEY ARE ADDRESSED,AND MAY CONTAIN INFORMATION THAT IS
CONFIDENTIAL AND/OR PRIVILEGED FROM DISCLOSURE UNDER APPLICABLE LAW, IF YOU
ARE NOT THE PERSON TO WHOM THIS FACSIMILE 18 ADDRESSED(OR AN AGENT OF SUCH
YOU ARE HEREBY NOTIFIED TKAT ANY TH MATERIAL IS STRICTLY PROHIBITED. YOU OU RECCEEIVEDGTHISISTRIBUTION
OR USE OF
COMMUNICATION IN ERROR,PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AT(949)
24"?SO.THANK YOU.
PUBLIC NUISANCE 1 CONFIRMED COSTS APPEAL
owNER(s) LARRY HARRINGER - SIR STRIPE-A-LOT
ADDRESS 326 N. AZUSA AVENUE - AZUSA
PHONE NUMBER 626-334-8894 (HOME) 714-960-0295 (WORK)
CELLULAR NUMBER 818=254-6069 F.MAILADDRESS STRIPEALOTSEARTHL INK.NET
CITY CASE NUMBER 03-C-396-M ASSESSOR'S NUMBER 8611 019018
PROPERTY DECLARED A NUISANCE 326 N. AZUSA AV N I - A7usA
GROUNDS FOR APPEAL: (Nolo SpW k nasoru lr app@W nN oopin N my nyponkp widrroa w rogpind}
1 AM APPEALING THIS ORDER OF ABATEMENT FOR THE FOLLOWING REASON.
THE DECLARATION STATES THAT THE FENCES AROUND MY PROPERTY AT
326 N. A711SA AVFNIIF ARF INFXCFSS OF 6 FFFT Hi .H THERE ARE TWO
OTHER EXISTING, BUSINESSES WITHIN ONE RIOCK OF MY PROPERTY THAT ALSO
HAVE FENCES IN EXCESS OF 6 FEET. I AM ENCLOSING PHOTOS OF THE FENCES
AT 232 N. AZUSA AVENUE AND 227 N. AZUSA AVENUE FOR YOUR REFERENCE
DOCUMENTING THE HEIGHT,
SIG TURE
APPEAL FILED CITY CLERK ON: b ✓
COUNCIL HEARING DATE SET FOR:
OWNER NOTIFIED OF HEARING DATE ON:
IT 'CLE C'3 OFFICBAFF MEMBER
- OF �12G
� ' The City of Azusa
September 3,2003
Sir Stripe-A-Lot
ATIN:Larry Narringer
326 N.Azusa Avenue
Azusa,Ca. 91702
Subject: Declaration ofPublie Nuisance and Order to Abate Property at326 N.Azusa
Avenue
Case No. 03-C-396-M
Assessor No. 8611019 018
Dear Property Owners:
On September 3,2003,at the hour of 9:00 an,a duly noticed public nuisance hearing was
held to determine whether or not the property at 326 N.Azusa Avenue,constitutes a public
nuisance as defined in Section 14416 Azusa Municipal Code.
DESCRIPTION:
1. Outside storage of trucks and materials are prohibited in a C-2 zone, including a
Port-A-Potty. Violation of Sections 14-412(6), 88-35 and Appendix A,AMC and
violation of Precise Plan of Design P-89-232,Item(m).
2. Failure to maintain 9 parking spaces in the rear yard area as specified in Precise
Plan of Design P-89-232,Item 2(g&h). Violation of Sections 14412(6), 88-35
AMC.
3. There is no building permit on file for the patio cover at the rear of the main
building. Violation of Sections 14-412(6), 14-1 AMC, 106.1 CBC.
4. Fences around the property are in excess of 6 feet and were not submitted to the
Planning Division for approval as specified in Precise Plan of Design P-89-232,
Item 2 (t). Violation of Sections 14-412(6), 88-35 and 88-645(a), Table 88-645
AMC.
5. Unlawful to have barbed wire or razor wire in a C-2 zone and was not submitted
to the Planning Division for approval as specified in Precise Plan of Design P-89-
232,Item 2(t). Violation of Sections 14-412(6), 88-35 and 88-645(c)AMC.
PRESENT FOR THE BEARING WERE:
Mr. Ron Compton HEARING OFFICER
Mr. Sye L. Malin COMMUNITY IMPROVEMENT INSPECTOR
Mr. Larry Harringer PROPERTY OWNER
MINUTES: (TAPED)
DECISION•
Having reviewed all the evidence in this case,testimony and having reviewed the respective
documents and codes, I have declared the property at 326 N. Azusa Avenue to be a public
nuisance.
Subsequent to this decision I have issued the following Order Of Abatement:
That all repairs, corrections or other work ordered be completed within 90 days of this
hearing or by December 3,2003 unless otherwise noted
1. That all outside storage of trucks and materials be removed from the property
including the Port A-Potty.
2. That the rear parking area for the office building be striped/configured so as to
comply with the plot plan approved in Precise Plan of Design P-89-232.
2
3. That a building permit be obtained for the patio cover in the rear of the office
building and all correctionstwork completed within 30 days or this hearing or that a
demolition permit be obtained and the patio cover demolished within 30 days of this
hearing.
4. That the over height fencing on the property be reduced to the maximum of 6 feet in
height.
5. That the razor ribbon be removed from the property.
That should the owners or tenants fail to comply with this Order of Abatement,or any time
frame, a"Notice of Substandard property" shall be recorded with the los Angeles County
Recorders Office.
That pursuant to Section 17980d California Health and Safety Code,the owner of a
declared substandard property must register with the Los Angeles County Environmental
Health Division within 10 days after a notice of substandard conditions is recorded with
the Los Angeles County Recorders Office. Failure to comply with the reporting
requirements is a misdemeanor.
That all building permits be obtained in accordance with the Uniform Building Code.
That all repairs ordered be accomplished in a"workmanlike manner".
That should the property owner(s)fail to comply with the Order to Abate or its stated time
frames,the City of Azusa may seek legal remedy to cause compliance, including:
A. Criminal(misdemeanor)or civil prosecution,including the City petitioning the Court
for the appointment of a receiver pursuant to the State Housing law.
B. Civil remedy by causing the work to be done and charging the costs of repairs against
the property.
C. Causing the property to be vacated and posted to prevent further occupancy until the
work is completed
D. Causing the property to be repaired or demolished and charging that cost against the
property-
E.
ropertyE. Civil fines.
F. Abatement.
3
That any and all costs incurred by the City shall be charged to the property owner(s)
pursuant to Section 14421 of the Azusa Municipal Code pending a hearing in the
relevance and fairness of the costs.
APPEALS:
You have the right to appeal this decision and/or Order of Abatement to the Azusa City
Council(appeals form enclosed).Should you wish to appeal,you must return the completed
appeals form to the Azusa City Clerk's Office on or before September 11,2003,by 5:30 PM.
In the absence of an appeal this decision shall be final.
Should you have any questions,please contact Sye L. Malins,at(626)812-5200 Ext.5318.
Sincerely,
Ron Compton
HEARING OFFICER
213 E. Foothill Blvd.,Azusa,Ca 91702
Encl: Appeals Form
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Moved by Mayor Alexander, seconded by Councilmember Beebe and unanimously Abatement
carried by roll call that the motion and abatement order directing the Agricultural order approved
Commissioner's Office to abate the nuisance be approved.
PUBLIC NUISANCE APPEAL - for property located at 134 N. Azusa Avenue 'Top Pub Nuis ApI
Notch Construction% Mark S. Drop, Sr. (Owner). Top Notch Constr.
Community Development Director Bruckner addressed the Hearing stating that tlx: Coin Dev Dir
development requirements of subject property specify the height of fence to be six feet comments
(6')and that the property owner has installed 'rolled razor wire" on top of the six fool
high decorative masonry wall which extended the effective height of the fence to
approximately eight feet in height. Ile advised that this violates the Municipal Code as
well as the development requirements and that after the property owner refused to comply
with the requirements, an Administrative Hearing was held at which the property was
declared a public nuisance. Ile recommended that the property owner install the wire
inside below the top of the fence but advised that this could be a safety hazard. lie also
recommended that the appeal be denied.
Mr. Mark Drop of Top Notch Construction, appellant, addressed the Hearing presenting M. Drop
a binder mrlclxxtk with approximately Thirty-five photographs of other properties within comments
the City that have six foot walls/fences with barbed or razor wired extensions. He voiced
his concerns with the other properties and advised that the reason he installed Ile razor
wire on top of the fence was due to security reasons.
Discussion was held between Councilmembers and Mr. Drop regarding other options for Discussion
security,compliance with and definitions of the Municipal Code, repositioning the razor
wire, and possibly amending the Municipal Code.
Moved by Councilmember Beebe, seconded by Councilmember Hardison and Pub Nola cont
unanimously carried by roll call to continue the matter to the meeting of April 3, 1995, to 4/3/95
and to direct staff to research other options regarding the matter.
PUBLIC I NUISANCE APPEAL-for property located 326 N. Azusa Avenue, Lawrence Pub Nuis Appeal
J. &July C. I larringer, property owners. L&J Harringer
Moved by Mayor Alexander, seconded by Councilmember Hardison and unanimously Continued to
carried by roll call to continue the matter to the meeting of April 3, 1995,and direct staff 4/3/95
to research other options regarding The matter.
OTURR BUSINESSLCITY COUNCIL Olh Bus/Circl
None. None
THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED Cncl/CRA
JOINTLY TO RECESS TO CLOSED SESSION AT 8:57 PAL convene joinlly
Moved by Councilmember/Director Beebe, seconded by Councilmember/Director Closed Session
Naranjo and unanimously*carried by roll call to recess to Closed Session to discuss the
litllowing:
[teal Property Negotiations (Gov. Code Sec. 54956.8), Mr. Leigh Lake, 777 Georgia
Street, Azusa, CA 91702.
Personnel (Gov. Code Sec. 54957), Personnel Matter-Light&Water Dept.
Personnel Matter-Police Dept.
Litigation or Potential Litigation(Gov.Code Sec.54956.9), Refuse Collection Franchise.
03/06/95 PAGE.FIVE
AYES: COUNCTLAEMBERS: HARDISON, MADRID, BEEBE.
ALEXANDER
NOES: COUNCILMEMBERS: NARANJO
ABSENT: COUNCILMEMBL•RS: NONE
Mayor Alexander offered an Ordinance for introductory reading entitled:
1N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, 1st Rdg Ord
CALIFORNIA. PROVIDING FOR THE GRANTING AND REGULATION OF Granting®u-
I RANCHISES FOR CABLE COMMUNICATIONS SYSTEM. lating/Cable
Comm. System
Moved by Mayor Alexander, seconded by Councilmember Hardison and unanimously
carried by roll call to waive further reading and introduce.
SCHEDULED ITEMS Sched Items
CONTINUED PUBLIC I19AN APPEAL- for property located at 134 N. Azusa Cont Pub Nuis
Avenue "Top Notch Construction", Mark S. Drop, Sr. (Owner). Appl/Drop
Moved by Councilmember Hardison, seconded by Councilmember Naranjo and carried Pub Nuis
by roll call that Public Nuisance be withdrawn. Councilmember Beebe dissenting. withdrawn
CONTINUED PUBLIC NUISANCE APPEAL - for property located 326 N. Azusa Cont Pub Nuis
Avenue, Lawrence J. &July C. Harringer, property owners. Appl/Harringer
Moved by Councilmember Hardison, seconded by Councilmember Naranjo and carried Pub Nuis
by roll call [hat Public Nuisance be withdrawn. Councilmember Beebe dissenting. withdrawn
i nuncilnember Beebe requested that written report be submitted by staff on alternatives Beebe request for
r dealing with illegal wall height limits in the City anti the zoning code requirements report/wall heights
for wall heights, inconsistencies that occur and how to remedy them.
Moved by Councilmember Hardison, seconded by Councilmember Madrid and Western Disp
unanimously carried by roll call to receive request from Western Disposal to transfer transfer/refer to
residential and commercial refuse collection franchises and refer the matter to City City Any
Attorney for recommendation.
OTHER 6 SIN SSI CITY COUNCIL Oth Bus/Cnel
None. None
THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY CONVENED Cnel/CRA
JOINTLY TO RECESS TO CLOSED SESSION AT 10:15 PAL convene jolly
It was consensus of CouncilmembersBoardmembers to recess to Closed Session to Closed Sess
discuss the following:
Real Property Negotiations(Gov. Code Sec.54956.8), Mr. Richard Hernandez, 116 and
+l East Foothill Boulevard, Azusa, California.
tkfayor/Chairman Alexander did not participate in the Closed Session).
TIME OF RECESS TO CLOSED SESSION: 10:16 P.M. Recess
04/03/95 PAGE SEVEN
CURTIN'S CALIFORNIA LAND USE AND PLANNING LAW
Where there is a violation of a local code sack cases, there is no denial of due proms or
dealing with health, safety or building, as ap- equal protection.In City of Bamming,the court
plied to housing,certain cities use Rev. do T= stated that it was not a defense that zoning offi-
Code §§ 17274 and 24436.5 for enforcement cials have permitted similarviolations by others
Pursuant to these statutes,after following spe- to continue over a number of years. City of
cific procedures set forth in the law, the city Bamting v. Desert OntdwAdaatisotg,Inc.,209
may file a written notice of violation with the Cal.App.2d 152 (1962k tee oho Riggs V. City of
State Franchise Tax Board.The owner of rental Oxnard, 154 Cal.App. 3d 526(1984)(zoning
income property is then precluded from tilting enforcement is a discretionary ftmction).
a deduction for interest, taxes,depreciation or However, not all zoning enforcement is
amortization paid or incurred in a taxable year. discretionary.In Ta hind Flora Cop.,the court
All state revenue that would have normally ac- held that the zoning adminhustor has a minis-
crued to the property owner by way of tax de- terial duty to enforce the clear requirements of
duction is returned to the city that notified a pedestrianway condition imposed by the plan-
the Franchise Tax Board of the violation.To ning commission in its resolution. Terminal
initiate this procedure,the Franchise Tax Board Plaza Corp. v City and Ceatty of San Frmtchn,
has adopted a "Notice ofNon-Compliance" 186 Cal.App.M814(1986).Thezoningadmin-
(SRH 1010(10-78))which can be obtained from hnamr his no discretion to determine whether
the Board. See Joseph M. Schilling and James an express condition has been violated or to in-
B. Hare, Code Enforcement, a Comprehensive terpret it He does not have the discretionary
Approach 104-05 (1994). enforcernent authority of It prosecuting attorney.
For violation of subdivision regulations, There can also be a question whether a dry
the Map Act provides its own detailed proce- is estopped from enforcing its regulations be-
dures. Gov't Code §§ 66499.30-66499.37.In cause it has acted contrary to them.The estoppel
addition to those remddies for noncompliance, theory is very difficult to use against a city be-
a city,after making a finding that development cane the courts have a strong policy against*p-
is contrary to the public health or safety, an plying estoppel where the interests of the public
refuse to issue any permit or grant any approval will be affected.Five-dements must be found to
necessary to develop the property that is in via- justify the use of estoppel.La Canada Elmore
lation of the law.Gov't Code§66499.34.This Devdopmmt Corp.v. Department of Trrmporra-
is a very practical approach available to a city,as tion, 166 Cal.App. 3d 206, 219(198S).In La
there is no need to resort to judicial proceed- Canada, the court held that CalTmns was not.
ings.Also,if a city has knowledge that property estopped from imposing a requirement that a
is in violation of the city's subdivision regula developer pay the cost of widening a highway:
tions, it must record a notice of violation To establish a claim of estoppel against site
against the property,after following notice and government a litigant must prove the same
hearing the procedure set forth contained in four elements as make up a carne of at tion for
state law. Gov't Code § 66499.36.This will equitable estoppel igainst a private parry as
cloud the title to the property and hopefully -" well as a fifth element which applies only to
will cause compliance. . '''' government The fieu four elements are
At times, a violator will claim.a defense "(1)the party to be estopped must be"cap-,
against prosecution since the relevant laws prised ofthe facts;
against other people similarly situated have not (2) he mast intend that his conduct shall be
been enforced.The courts have stated that this acted upon,or must so as that the party as- {
is no defense.City and County of San Frandtro v. sorting the estoppel had a right to believe it F�
Burton, 201 Cal.App. 2d 749(1962) (uninten- 'was so intended;
tional discriminatory enforcement of a zoning (3) the other party most be ignorant of the
242 ■ ordinance is not a defense to prosecution).In true state of faces;and
e
AGENDA ITEM
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES
VOL RICK COLE, CITY MANAGER
DATE: OCTOBER 20, 2003
SUBJECT: REFUSE RATE ADJUSTMENT TO COVER LANDFILL COST INCREASES
RECOMMENDATION
It is recommended that the City Council: (1) approve a resolution amending the
agreement with Athens Services to adjust rates effective November 1, 2003, to cover
landfill cost Increases; (2) approve a budget amendment to the Refuse Collection
Account In the amount of$47,000; and (3) recognize $5,800 in new revenue to the
General Fund from Franchise Fee.
BACKGROUND
Landfill rates will rise effective November 1, 2003, and our solid waste collection
agreement between the City and Athens Services requires that landfill disposal cost
increases be "passed through" to refuse customers.
All municipal solid waste collected In Azusa is transported to the Puente Hills landfill
after it is processed through Athens Services' Material Recovery Facility (MRF). Landfill
rates are controlled by the Los Angeles County Sanitation Districts and have remained
fairly stable over the years.
The landfill rate increase, $18.13 to $20.88 per ton or $2.75 per ton for disposal of
solid waste, is being Increased to pay for the added cost to comply with the new
landfill permitting requirements Imposed by Los Angeles County. An attachment is
provided which details the new permitting requirements and activities. Sanitation
Districts' rates for yard waste disposal will remain the same.
c�
Residential barrel service rates are proposed to Increase by $0.38 per household per
month and residential bin service rates are proposed to increase by $0.62 per
household per month. Commercial barrel service rates (about 40 customers in total)
are proposed to Increase by $0.61 per month. The City and Athens have agreed to
not make an adjustment to the commercial bin service rate schedule.
The residential "bin" rate rose more than the "barrel" rate due to a shift of 120
customers from the "bin" customer category to "barrel" customer category. These
customers consist of a 120-unit mobile home park, which were previously being billed
as bin customers. However, through a field visit, the City determined that they were
barrel customers. This resulted in the disposal tons being allocated amongst fewer
residential bin customers thus increasing the "per unit" cost.
Athens and City agree to no Increase for commercial customers due to commercial
revenues from disposal charges outpacing disposal costs Incurred by Athens this past
several months. Revenues and disposal costs are monitored by City staff as part of
contract administration and we will seek to rebate any surplus to commercial
customers beginning July 1, 2004--if disposal and service level trends continue.
FISCAL IMPACT
The total estimated fiscal Impact of this rate adjustment on residential ratepayers is
$52,800 from November 1, 2003 through June 30, 2004. Of this amount, $47,000
will be collected by the City and passed through our budget to Athens Services to
cover the Increased landfill charges. This requires a budget amendment. The
remainder, $5,800, will be deposited into the General Fund as Franchise Fee Revenue.
Prepared by:
Cary Kalscheuer, Assistant to the Director of Utilities
Steven Yang, Administrative Technician
Attachments:
LACounty5ankatbnD Refuse Rate Reso-Ather&5thAm
5t-kr-081503-Rateln Conpartson-Iffedive endFranrldse-FY03to
4
e
. 1 wATFn
IIFCI�MATION '
�� 3TFNA4 �tAEMi COUNTY SANITATION DISTRICTS
OF LOS ANGELES COUNTY
1955 Workman Mill Road,Whittier, CA 90601-1400
Moiling Address:P.O.Box 4996,WhiNier,CA 90607.4998 JAMES F. STAHL
Telephone. 1562)6997411,FAX: )562)699-5422 Chief Engineer and General Manager
wyiw.load.org
August 15,2003
File; 31R-50.10
Boards of Directors
County Sanitation Districts
of Los Angeles County
Dear Directors:
Recommended Ordiranee Establishing Rates
Solid Waste Management FacillAee Effective November 1 2003
As discussed with the Directors at prior Board meetings,rate increases are necessary at the Districts'
solid waste management facilities to provide for the costs associated with new requirements and on-going
Operations. Districts Nos. 1,2, 3,5, 8, 15, 10,'17, 18, 19, 21,22,23,29,and South Bay Cities Sanitation
District are party to the Districts Solid Waste Management System Agreement, which delegates to District
No.2 the responsibility for establishment by ordinance ofrates for the Districts System operating facilities,
which include the Puente Hills Landfill,the South Gate Transfer Station,and the Downey AmRecycling and
Transfer(DART)Facility. The Dishicts System also has responsibility for maintenance of the closed Palos
Verdes and Spadra Landfills
District No.2 is also party,with the County of Loa Angeles(Count,to the Agreement establishing
the County Solid Waste Management System, which includes the operating Calabasas and Scholl Canyon
Landfills and the closed Mission Canyon Landfill. Under the terms of this Agreement,DistnictNo.2 also has
the responsibility to establish by ordinance rates for the operating County System faciHtles.
The practice in setting rates for all the above facilities has been to discuss the matter with all the
Directors prior to District No.2's introduction ofan ordinance, For the currently proposed rates,the ordinance
introduction is scheduled for the Board meeting of August 27,2003.
The Districts are also participants in the Southeast Resource Recovery Facility(SERRF)and the
Cornm=e Refirse-m-Energy Facility(CREF). The rate setting anthodty forthese waste-to energy facilities is
provided for in the Joint Powers Agreements for the facilities.
Districts System
In the Districts System,an increase in the solid waste disposal rates at the Puente Hills Landfill to find
projects and expenditures required by the new Conditional Use Permit(CUP)issued by the County for the
continued operation of the landfill is recommended.. The recommended increase for municipal solid waste
totals 52.75/tan and is comprised of S2.50hon to fund the projects and expenditures requited by the new CUP,
C3 ra�rea a.a�
0
t,
Boards of Directors 2 August 15,2003
and S0.25hon for the County's business license tax(10%). Commensurate increases in the rate categories of
`minimum','hard-to-handle,'tires',and'special handling'are also recommended. In addition,increases of
52.75/ten in the solid waste disposal rates are recommended at the South Gate Transfer Station and at the
DART Facility,which deliver much of thefr waste to the Puente Hills Landfill. The basic rates for operating
the Puente Hills Landfill and the South Gate Transfer Station were hast increased on July 1, 1999. The posted
rates at the DART Facility have not been changed since purchase of the facility on August 3,2000.
The new CUP for the Puente Hills Landfill requires the Districts to fiord program that will benefit the
community,enhance the County's waste diversion efforts,and provide for the County'spostelostae use of the
site. A new payment of S1.00/ton is to be paid to the County for the purpose of a Community Benefit and
Environmental Education Trust Fund. The purpose of the fiord is to provide resources for environmental,
educational,and qualityof life programs,for regional public facilities that serve the surrounding communities,
and for other benefits within the surrounding communities. Monies in the fiord will primarily be used to
benefit the Hacienda Heights and Avocado Heights communities and will be administered by the Directeur of
Regional Planning. The CUP requires payment of a fee of 5035/ton to the County Department of Public
Works for the implementation and enhancement of waste diversion programs in the County unincorporated
area. The CUP also requires the Districts to annually fund twelve (12)household hazardous waste and
electronic waste (including discarded computers) collection events in the County, which will require
expenditures approximately equivalent to S0.30/ton.
The CUP requires the Districts to install traffic signals at the main entrance,upgrade the pavement
thickness of a section ofCrossrosdsParkway South,conducts freeway analysis in Conjunction withCaIUM,
fund of a portion of the costs to improve nearby intersectio►s,and conduct additional street sweeping. The
CUP specifies tbatnew odor control measures for gas collection system trench construction be evaluated and
implemented,and requires the Districts to contributeWWW the cost of studies to be cooductedbythe County
of disposal alternatives to landfilling and incineration that may be appropriate for Southern Califomia,uswell
as toward promoting and implementing such alternative teehnokngies.Should the studies identify one or more
feasible alternative disposal technologies the I�7P requires the Districts to provide additional finding;i.e.,
fimdingbeyond the 52.75/tonbeing proposed at this timeand subject to approval by the Board ofDire ctors,for
the development of such technologies on a pilot scale and to develop a pilot facility.The CUP requires the
Districts to adapt measures to Come the accuracy of waste origin information reported to the County for the
unincorporated area disposal tonnages. The measures are to include requiring all waste haulers to submit
written waste origin data;a system for verifying the accuracy of the data,irttplerneating a verification system
for waste reported as originating in the County a nincorporatedarea,an education and outreach program,and
penalties on waste baulen for non-coopetition or repeatedly providing false information. It requires that the
Districts'property value claims evaluation program include arevised and streamlined appeal procedure. The
CUP also requires designatiom of an ombudsman,who willprobably beare.
resentative ofthe community,for
the purpose of providing information to local residents regarding landfill operations and for responding to
community concerns. Expenditures to satisfy all of these requirements are estimated to be equivalent to
$0.40/ton.
In addition,the CUP continues therequirement to provide fundmSfor the County's postclosure use of
the site The funding will include a &asrbility study to conceptually analyze options,establish reasonable
finding for the development, operation, and maintenance of the site as a park for recrestiotal use, and
preparation of a park master pian and associated enviromtedel documentation' Funding for development,
operation,and maintenance of the park is to be made available to the County at the close ofthe landfill,and is
estimated at S055/ton.
Boards of Directors 3 August 15,2003
County Svstetn
b the County System,increases in the solid waste disposal rates at the Calabasas and Scholl Canyon
Landfills to fund increased capital and operating costs are recommended. At Calabasas, the recommended
increase for municipal solid waste totals S1.I0/teat and is comprised of SI.00hon for the basic rate and
$0.10/tpn for the County's business license tax(101/6). At Scholl Canyon, the recommended increase for
municipal solid waste totals$2.08,4m and is comprised of S 1.00/tort in the Districts'basic operating rate,plus
$0.67/ton for the 40 percent of gross receipts lease payment to the City of Glendale required by the Joint
Powers Agreement, and $0.41/ton for the City's required host fee.. Commenautate increases in the rate
categories of`minimum', 'hard-to-handle', 'tires', and 'special handling' at the two facilities are also
recommended.
The rate increase at the Calabasas Landfill is recommended primarily because the site,in the next few
years,will need to complete the installation ofcostly woundwater protection liners to prepare remaining areas
of the site for future rsfuse disposal operations. In addition,the routine operation and maintenance costs for
the site, as well as on-going capital expenditures fol expanding the gas control system, for installation of
landscaping and irrigation systans,for drainage improvements,and for other projects will continue and are
subject to general cost increases. The basic rate for operating the site was last increased on July 1, 1999.
There is a possibility that a proposal for additional tip fee increases will be forthcoming as part of an overall
agreement that will facilitate the inclusion of the Calabasas Landfill into the Districts System.
The rate increase at the Scholl Canyon Landfill is recommended because of general cost increases for
operation and maintenance ofthe site,as well as to provide funds for capital expenditures for expansion ofthe
PS control system, landscape and irrigation system projects,and for drainage improvements. The Scholl
Canyon Landfill rate changes require the concurrence ofthe Directors of Public Works for the County of Los
Angeles and the City ofGlendale. The rate increase has been discussed with each office,and the concurrence
of each has been indicated. The basic rate for operating the site was last increased on July 1, 1997.
Residential Cost
In terms of increased cost to residents,the recommended rate increase for residents served by the
Puente Hills Landfill,based on a conmtywide rangeofresidential disposal quantities,should result in increased
costs of approximatelyS0.40per household per=nth. For thaseresidemtssaved bythe Calabasas and Scholl
Canyon Landfills,the increased costs should be approximately 50.15 per household per month,and$0.30 per
household per month,respectively.
Cost Comparison to Other Landfills
As discussed previously,the municipal solid waste rates onNovember 1,2003,are recommended to be
$20.99/ton at the Puente Hills Landfill,$26.35/ton at the Calabasas Landfill.and$31.67hm at the Scholl
Canyon Landfill. The current posted rates at other area landfills range fion a
pproximan]Jy$394on to SSS/ton.
]lased on a statewide survey,it has recently been Tcported that the average landfill tip fee in California is
approximately S35/ton.
° e
Boards of Directors 4 August 15,2003
Cost Transition to Waste by Aai1 System
. The proposed rate increase for the Puente Hills Landfill does not include any cost associated with the
implementation and operation of the future waste by rail system As discussed with the:Boards on numerous
occasions, it is the Districts' plan during the last ten years of operating life of the Puente Hills Landfill to
provide a smooth cost transition between the cost of local disposal capacityto the higher cost of waste by rail.
It is anticipated that these transition costs will be approxiruately S 1.50/ton to$2.00/ton per year. Districts'staff
will be finalizing a specific cost increment,which will be brought to the Directors for review and action prior
to July 1,2004,for fiscal year 2004/2005 and beyond.
If you have any questions regarding therecatnmended rates shown on the attachment,please contact
me or John Gulledge,Solid Waste Management Department Head.
Very truly your.,
9• 56ve,
James F. Stahl
JFS:l&
Attachment
cc:City Managers/Administrwors
COUNTY SANITATION DISTRICTS OF LOS AN ELF,S COUNTY
SOLID WASTE M MA Il4ENT FA(7r, tTFC
RATE
PRESENT RATE NOVEMBER 1.200
PUENTE
Municipal FILLHdLn ` t
Waste 518.13 /ton $20.88 /ton
Hard-to-Handle,Bulky Items 24.18/ton 26.93 Ron
Tires 44.53 An 47.28 Ron
Sp=W Handling 40.13 Ron 42:88 Ron
Minimum Charge PtdI-M 17.00 per load 19.75 per load
21.45 each 21.45 each
Segregated Uncontaminated Green Waste 11.00 Ron 11.00 Ron
-Minimum Charge(Segregated Uncontaminated Green Waste) 11.00 per load 11.00 per load
SOUTH G&TE TRANSFER sTATioN
Municipal Solid and Inert Waste $30.23 /ton $32.98 /ton
Hard-to-Handle,Bulky Items 35.73 Iron 38.48 /ton
Minimum Charge 17.50 per load 20.25 per load
DOYMY AREA RFCYCf ING AN R FACR 1 PV(D BTI
Municipal Solid and Inert Waste 534.00 Aon $36.75 Ron
Hard to Handle,Bulky Items 42.00 Ron 42.25 Ron
Minimum Charge 17.DD per load 20.25 per load
Segregated Uncontaminated Green Waste 27:00 Ron 27.00 /ton
-Minimum Charge(Segregated Uncontaminated Green Waste) 13.50 per load 13.50 per load
SCROLL CANYON L►a1DFRL
Municipal Solid and Inert Waste $29.59 Aon $31.67 Ron
Hard-to-Humdle,Bulky Items 36.46/ton 38.54 hon
Tires 51.46 hon 53.54 hon
Special Handling 44.28 Aon 46.36/ton
Minimum Charge 28.75
Pull-Offs perload 31.00 per load
28.75 each 28.75 each
Segregated Uncontaminated Green Waste 13.75/ton 13.75 /ton
-Minimum Charge(Segregated Uncontaminated Green Waste) 13.75 per load 13.75 per load
CALA$ CAC LANDFILL
t
Municipal Solid and Inert Waste $25.25/ton $26.35 Ron
Hard-to-Handle,Bulky Items 31,30 Aon 32.40 hon
Tires 44.50 hon 45.60 /ton
Special Handling 39.00 Aon 40.10 Aon
Minimum Charge 24.00 per load 2515 per load
Pull Offs 25.85 each 25.85 each
Segregated Uncontaminated Green Waste 12.10 hon 12.to /ton
-Mmimam Charge(Segregated Uncontaminated Green Waste) 12.10 per load 12.10 per load
Uncovered Londe Capable ofPmduciog Lith All sites accept Scholl Canyon Laa¢fdl-$4.40Aon sumhargc;54,40 minimum
Scholl Camya Landfill-55.00Aon surcharge;$5.00 minimum
Non-manifested Tire Loads: All landfills except Scholl Canyon L raffill-$4.40Am sFehargr,54.40 minimum
Scholl Cagyon Lanfll-SS ONton stuehnge;55.00 antrimu in
All rates include the appropriate fdlowing state,county and local fees and taxesfees
not apply to green wastay. ( oat s per tan bays do
California Integrated Solid Waste Management Fee - 11.40 per ton
Los Angeles County solid Waste Monagemen't Fee: - $0.86 per ton
I.es Angeles County ty Dgmrtmam of Health Services Regulatory Service Fee:
SO.16 per ion
Los Angeles County Business LicetseTar(Unincorporated County Arra only-Puerto Hills and Calabasas Lsnditlltj
10%of grossn,Mpts escw mg sate and[laoccaall fees and tam
City of Glendale-Scholl Canyon Landfill Assessment(applies only at Scholl Canyan Lmdtill}.
25%of groes receipts;vehicles owned and operated by the City of Glandule are a tmpt
Rates At&'SoutlwW Resource Recovery Facility and the Commerce Refitsc4o-Et agy Facilitylir set as utnitaized in flu Joint
Pb%vein Agreements that govem the Oreilittas
FY 2003-04 Refuse Rate Comparison
Puente Hills Landfill Rate Increase Effective Nov. 1,2003
(Projected) Now
NM Now
service Procouingl Proseestn9f Servion Fee Franchise Fnnahles AB NO Tote) Total %
Dispoul Fee Disposal Fee Fee Fes Fee Rab Rate change,
Single Family
(Trash t Green) 8.21 8.55 7.62 1.76 1.80 0.70 18.29 18.67 2.08%
Multifamily Bin 6.62 7.17 6.65 1.47 1.54 0.63 15.37 15.99 4.03%
Commercial Bins
3 Cubic Yard
1 Day/Week 36.11 36:11 46.01 9.12 9.12 3.45 94.89 94:69 0.
2 Days/Week 7222 72.22 51.29 13.72 13.72 6.91 144.14 144.14 0.00%
3 Day9/Week 108.34 108.34 56.60 18.32 18.32 10.36 193.82 193.62 0.00%
4 Days/Week 144.45 144.45 61.80 2291 22.91 13.8'1 242.97' 242:97 0.00%
5 Day6/Week 180:56 180.56 67.20 27.52 27.52 17.27 292.65 292.55 0.00%
2 Cubic Yard
1 Day/Wsek 24.07 24.07 48.48 8.06 8.06 2.31 82.92 82.92 0.00%
2 Days/Week 48.15 48.15 57.61 14.75 11.75 4.61 122.12 122.12 0.00%
3 Days/Week 72.22 7222 66.62 16.42 15.42 6.92 161.18 161.18 0600%
4 Days/Week 96.30 96,30 76.37 19.18 19.18 923 201M 201.08 0.00%
5 Days/Week 120.37 120.37 8521 22.84 22.84 11.52 239.94 239.94 0.00%
1.5 Cubic Yard
1 Day/Week 18.06 18.06 37.25 6.14 6.14 1.72 63.17 63.17 0.00%
2 DaywWeek 36.11 36.11 56.98 10.34 10.34 3.44 106.87 106.87 0.00%
3 Days/Week 54.17 64.17 76.19 14.48 14.48 5.16 150.00 150.00 0.00%
Saturday Service 36.11 36.11 46.01 9.12 9.12 3.45 94.69 94.69 0.00%
Locked Lid
Bin Change Out Na Na 49.48 5.50 5.50 Na 54.98 64.98 0.00%
Ongoing Service Na Na 5.50 0.61 0.61 Na 6.11 6.11 0.00%
Temp Bins
8.34 8.34. 74.23 9.17 9.17 0.79 92.53 92.53 0.00%
X-Tra Dumps
Same Day 8.34 8.34 30.01 4:26 4.26 0.79 43•40 43•40 0•
Different Day 8.34 8.34 46.51 6.09 6.09 0.79 61.73 61.73 0.00%
Commercial Barrels 6.62 7.17 15.10 2.41 2.47 0.63 24.76 25.37 2.46%
Roll Offs Tan Based Ton Based 191.44 Ton Based Ten Based 6.69 Ton Based Ton Bused Ton Based
Rate Adjustment for FY 03-04-080403-2-101403.x1617-MRFProjection 10/14/031:00 p.m.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
APPROVING THE FIFTH AMENDMENT TO THE EXCLUSIVE
FRANCHISE AGREEMENT WITH ARAKELIAN ENTERPRISES TO
AMEND THE SERVICE RATES AND FEES FOR FISCAL YEAR 2003-
2004
WHEREAS, on October 2, 2000, the City Council of the City of Azusa, approved an
Exclusive Franchise Agreement with Arakelian Enterprises, Incorporated (Contractor), for refuse
collection and recycling services ("Agreement"); and
WHEREAS, the Agreement requires that all increases in landfill disposal charges be
passed on to the rate payer at the time the new charges go into effect; and
WHEREAS, the Los Angeles County Sanitation District has notified the City of Azusa
that it would be increasing the landfill disposal charges effective November 1, 2003; and
WHEREAS, the City of Azusa and Contractor have calculated the new refuse rates
pursuant to the terms and conditions of the agreement to reflect the increase in landfill disposal
charges.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,
DOES FIND AND DECLARE THAT:
SECTION 1: Adoption of Fifth Amendment The attached Fifth Amendment to the
Exclusive Franchise Agreement Between the City of Azusa and Arakelian
Enterprises,Inc. for Refuse Collection,Recycling and Disposal Services is hereby
approved. The rate schedule adopted as part of the Fifth Amendment shall
supercede any rate schedule previously adopted.
SECTION 2: Effective Date. This Resolution shall become effective upon its adoption.
SECTION 3: Authorization. That the Mayor shall sign and the City Clerk shall
certify to the passage and adoption of this Resolution.
PASSED AND APPROVED on this 20s'day of October 2003.
Mayor
I HE CERTIFY that the foregoing resolution was duly passed by the City Council of the
City of Azusa at a regular meeting thereof on the 20* day of October 2003, by the following vote of
the City Council:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
City Clerk
AMENDED AND RESTATED FRANCHISE AGREEMENT
BETWEEN THE CITY OF AZUSA AND ARAKELIAN ENTERPRISES, INC.
FOR REFUSE COLLECTION, RECYCLING AND DISPOSAL SERVICES
AMENDMENT NO. 5
This Fifth Amendment to the Exclusive Franchise Agreement is entered into this
Twentieth day of October 2003 by and between the City of Azusa, a municipal
corporation ("City") and Arakelian Enterprises, Inc., a California Corporation
("Contractor").
Effective November 1, 2003, the attached rate schedule shall replace Exhibit A of the
Existing Exclusive Franchise Agreement approved on October 2, 2000.
IN WITNESS WHEREOF, the parties have executed this Amendment No. 5 as of the
date first set out herein.
Date: Date:
CITY OF AZUSA ARAKELIAN ENTERPRISES,INC.
A Municipal Corporation d.b.a. ATHENS SERVICES
Cristina Cruz-Madrid,Mayor
ATTEST:
Vera Mendoza,City Clerk
APPROVED AS TO FORM:
Best Best&Krieger,LLP
City Attorney
EXHIBIT A
TO FRANCHISE AGREEMENT
BETWEEN THE CITY OF AZUSA AND ARAKELLAN ENTERPRISES,INC.
MRF entire waste stream except green waste and clean inerts;
Per ton MRF rate: 548.70
Effective November 1,2003
Service PraMMW Service Fee FhMWN Monthly Mm"
Disposal Fee AB 939 Rah W
Fes Fee Taml
Slagle Family $8.55 $7.62 $1.80 $0.70 $18.67
Maltlfam�,B6 $7.17 $6.65 $1.54 $0.63 $15.99
Cousmerclal Blue
3 Cubic Yard
1 Doy/Wwk $36.11 546.01 $9.12 53.45 $94.69
2 Days/Week $7222 $51.29 $13.72 $6.91 $144.14
3 Days/Week 5108.34 556.60 $18.32 $10.36 $193.62
4 Days/Wak $144.45 $61.80 522.91 $13.81 (242.97
5 Days/Week 518056 56720 52752 517.27 5292.55
2 Cubic Yard
I Day/Wxk $24.07 $18.48 $8.06 $2.31 S82.92
2 Days/Week 548.15 $57.61 $11.75 $4.61 S122.12
3 Days(Wak $72.22 566.62 515.42 56.92 5161.18
4 Days/Wesk $96.30 $76.37 $19.18 5923 5201.08
5 Days(Week 5124.37 585.21 522.84 511.52 5239.94
15 Cubic Yard
I Day/Week 518.06 $37.25 $6.14 $1.72 563.17
2 Days/Week $36.11 $56.98 530.34 $3.44 $106.87
3 Days/Week $54.17 $76.19 $14.48 $5.16 5150.00
Saturday Service $36.11 546.01 $9.12 $3.45 $94.69 -
Locked A149.48 55.5 da 554.98
Ongooinging SService
Bin e Out We S 5.S0 $0.61 n/a $ 6.11
Temp Blur 58.34 $74.23 $9.17 50.79 592.53
X-ha Damp 5834 530.01 $426 $0.79 543.40
Same Day
Dillerent Day $9.34 546.51 56.09 $0.79 S61.73
Commercial $7.17 $15.10 $2.47 50.63 525.37
Barrels
Rub Offe Ton Based $191.44 Ton Based $6.69 Ton Based
r
CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MONDAY, OCTOBER 6,2003 -6:30 P.M.
The City Council of the Oty of Azusa met In regular session at the above date and time In the
Azusa Auditorium.
CE mob Ar
Ceremonial
The entire Council presented a proclamation to Maria A.Paclno in recognition of her services to Prot to
the City of Azusa as a Library Commisskmw from September 2000 through September 2003. M. Pacino
The entire Council presented a certificate of recognition to the 2003 Summer Reading Programs Cert of Appre
contributors.
SRP Contributors
The entire Council presented a certificate of recognition to Mr. Art Vasquez of World Wide Cert of Re:
Environmental Products for his generous contributions to the families of those serving our A Vasquez
country In the military. Mr. Erik Fonseca of Congresswoman Hilda Solis Office presented a
certificate of recognition to Mr.Vasquez as well.
Director of Utilities Hca addressed Council detailing the Dr1p (Drought Resistant Irrigation Rebate for
Program): a program to encourage people to save water by Installing a system using drips Drip Program
Instead of sprinkler. He Introduced Mr.And Mrs.Kevin Gee and provided them with a rebate Gee Family
of S 1,40D. Mrs.Gee stated that they are Mountain Cove residents and basically redid their
landscaping. Mr.Hsu advised that customers are eligible for the amount up to S 1,400.
ProcThe entire Council presented a proclamation to Dep to Fire
CountyFire Caption Dave Middleton of the Los Angeles Dept
Department In recognition of Fire Prevention Month.
It was consensus of Council to recess until the beginning of the meeting at 7:30 p.m. Recess
Mayor Madrid called the meeting to order and led in the Salute to the Flag. Call to Order
INVOCATION was given by Reverend Leroy of the First Assembly of God Church. Invocation
ROLL CALL Rail Call
PRESENT: COUNCILMEMBERS: HARDISON,STANFORD. ROCHA,CHAGNON,
MADRID
ABSENT: COUNCILMEMBERS: NONE
ALSON% Also Present
qty Attorney Carvalho, Assistant Gly Manager Person, Director of Utilities Hsu, Assistant
Director or Customer Care and Service Vanca, Library Director Tovar, Senior Librarian
Shahsavari,Director of Park Planning and Development Noriega,Gty Treasurer Macias,Director
of Public Works Nakasone, Planning Secretary Rocha, Pro)ect Manager Amador, City Clerk
Mendoza,Deputy City Clerk Toscano.
Schedule of Budget Amendments for FY 2003 04 Bud Amend
Moved by Councilmember Chagnon,seconded by Council Hardison and unanimously carried to
receive and file the schedule of budget amendments FY 2003-04.as amended
PUBLIC PARTICIPATION Pub Part r
`
Mr.Art Ramirez.Chairman of the Azusa Golden Days Committee Providan update pdato on Golden A Ramirez&
Days Events stating that Mickey Mouse Is the Grand Marshall r ts announced parun�the displayed
su pl ss of the Comments
t-shits that are on sale for$10. Rosemary Salce,Special
SK Run.Family Festival.and Health Fair and Chile Festival. She announced the rest of the week
events as follows: Taste of the Town on Tuesday from 5-B p.m.at APU,The Azusa Woman's
Club Tamale Dinner on Wednesday from 5-7:30 p.m. at the Azusa Woman's Cub, Helping
Hand Bingo Night on Thursday. from 7-10:00 p.m. at the Azusa Senior. the Elks Pancake
Breakfast on Saturday from 6-11 a.m. at the Azusa Light&Water Parking Lot, the Parade
Immediately following.the Oldies Car Cub&Truck Show from 10 a.m.-Sp.m.and the Can"
from Friday through Sunday. The Deacon's Fiesta will be held on Saturday from 5-t 1 P.m.at
Parish Hall.
Mr.Art Morales addressed Council expressing concern regarding property tax delinquencies and A Morales
Comments
yard sale permit.
Mr.Big Balas of Student Film Production addressed Council requesting a waiver of flim permit B. Balas
fees In the amount of$425.00. He advised that he fund eted that
hB e is en Md budgetn Azusa at 2280 . Film
Student
San Gabriel Carryon Road,the Canyon Inn Property.
He oduction
Moved by Councilmember Chagnon,seconded by Councilmember Stanford and unanimously Item of sub-
carried to Mr.Balas
the above subinsurraarce and possible need for Police service;he responded Discussiot as an Item of subsequent need. Councilmember Sequent n re
questioned Mr.Batas sura ng place
that they m have Insurance and that the filming wig take otion o the waiver of any Fees for on private property. Film lt
Coundlmembers Chagnon, Hardison and Rocha voiced they opposition
fees. Discussion was held and It was discovered that the organization was a non-profit Student Film
organization so the fee was reduced to$225. Mayor Pro-Tem Rocha advised that he would Production
seek donations from local businesses to held defray costs to the students. Counc�Martinez
Stanford advised that he would donate$100 towards their film permit. Jerry
the American Legion advised that they will donate$200 to the film students cost. The filming
will take place on Monday,October 20, 2003 from 7 a.m.-7 p.m.and the title of the film is
Take the Monkey and Run. If anyone would IRA to donate to the cause,the producer's name Is
Gabriel and his number Is(323)547-7621.
Mr.Jerry Martinez of the American Legion addressed Council asking when the flag pole win go J.Martinez
up on Azusa and San Gabriel.Assistant City Manager responded stating that R will coincide with American Legion
the building of the gateway monument. which Is scheduled to go up In five weeks. Mr. Flags
Martinez stated that they have a 1 s foot flag to donate as the first flag and R will bon e an Foothill then asked If the City Is going o help purchase flags that are displayed
Boulevard. Mayor Pro-Tem Rocha responded stating that it was an oral commitment between
the American Legion and other persons that are no longer with the City and that the Flags are
ion Is
further that they
have a truck that needs tonez be licehat hie be dnhe asked that it be looked Ino Mayor Madrid
advised that she will pay for the tuck to be registered.
Ms.Kristin Stephenson of Azusa Pacific University,Senior Librarlan Shahla Shahsavari and APU IL Stephenson
tutoring students of the Azusa Reads Program addressed Council and provided Information APL
regarding the program. Shala advised that the parents of Azusa really appreciate the program. Azusa Reads
Ms.Renee Bergmann addressed Council thanking the City for making Highway 39 so beautiful. R. Bergmann
She noted that now she is able to cross the street safely, further, that the landscaping Is Comments
beautiful.
Mr.Burke Hamilton addressed Council encouraging an to participate In the political process. B.Hamilton
Further, that on November 4* he Is running for the Azusa School Board and noted his Comments
qualifications.
Ms.Monica of Azusa Pacific University invited all to a performance of Pygmalion to be held on Monica
October 9. 10 and 11 Q 2:00 p.m.at APL Theatre-Mary HRI Center,701 E.Foothill Boulevard APU
and the star Is Lidla Badillo. Theatre ticket prices are$5.$7,and$9.
Rpts/Updates
REPORTS UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF
Mayor Pro-Tem Rocha thanked all residents who have donated to soldiers In Iraq. They advised Rocha
that he will be setting up a bin at Azusa Pacific University. He asked that they keep service Comments
people In prayers and positive thought.
10/06/03 PAGE TWO
t Councilmember Chagnon reminded all dul thief IS*i Wivivilon Month, and with the time Chagnon
change It Is time to change batteries In smoke alama,have two exit plans In case of fire,and Comments
that the theme for this year is: 'When Fire Sb*es: Get putt Stay Oud She thanked ladles of
the Azusa Woman's Club for sigrring letters of support for the Azusa Library bond.
Councllmember Stanford stated that the luncheon for Leo Nasser was delightful and that a Stanford
proclamation from Council and a clock were provided to Leo. Comments
Councllmember Hardison inked all to attend this year's Golden Days celebration. Hardison
Mayor Madrid thanked all the volunteers of Golden Days activities and announced that the Madrid
parade Is on Saturday the 11'of October. Comments
5 H D r aac
Scheel Items
Fiscal Year 2004- 008 CapitalImprov MC tProgfa_ Budaet FY2004-08
Assistant City Manage Person addressed the issue Introducing Deputy Gty Man
ager to explain the new format of the CIP document. Deputy City Manager Gutierrez addressed CIP
Council explaining that the new format x10 address what the project Is,why they are doing the
project,when it will be done,any relationship to the current general plan and any Impact on the
operation budget. She stated that some of the projects are one time projects and some will
Improve maintenance costs. She stated that the CIP Is organized around the function. She
stated that the document Is a draft CIP,that will be worked on constantly,and that It provides
the projects that show how the City's Infrastructure will be maintained.
The following persons detailed their departments part of the Capital Improvement Program: CIP Projects
City Librarian Tovar-New Azusa City Library,Director of Park Planning and Development Park Presentation
Planning and Development Noriega-Park Improvements/Canyon Projects,Director of Public
Works Nakasone-Major Building Maintenance,New Trucks,Gty Wide Sidewalks,Pavement
Management Plan and Sewer Master Plan. The Azusa Health Clinic will be a major project In
the coming year. Technology Projects are as follows: Library Systems Migration,Computer
Equipment Replacement,Document Imaging and Workflow.Geographical Information System,
Emergency Power Backup System for City Hag Phones,Migration of Q&A Data.Firewall,and
Server Replacement.
Coundimermber Chagnon expressed concern regarding the following: how many projects are Chagnon
one or two years behind and which projects will be completed In 2004,results based budgeting Comments
may repriodtize projects,programs In process or tied to funding that have cut offs,make sure
they are being completed. There are some programs that were established for 2004 that are
not in the report. She stated that she would lire to have a realistic picture of the budget. She
expressed concern about the Library frmding,stating that when the funding was approved,It
was approved for a certain amount and that If there Is a need to scale back the design to stay
within the budget, It needs to be stated.
Councilmember Hardison expressed concern regarding the San Gabriel and Azusa Avenue alley Hardison
-sewers Improvements and the fact that some sewers are on the property not In the street or Comments
alley.
Mayor Madrid questioned what an endowment fund is. Assistant Gty Manager Person advised Madrid
that it Is five million dollars set aside by the Utility for the revamping of Public Works Comments
Department. She also stated that she Is Interested in adding additional pads space where there
are people.further,that with everything the City owns that beauty be Incorporated In it and Into
all of the City's Infrastructure.
Director of Park Planning and Development Norlega responded stating that there will be 3.5 Dir Pk Plan
acres added to Zacatecas Park,he detalled the addition of aesthetics to other parks. Comments
It was consensus of Councllmembers that the CIP be continued to to next Council meeting to CIP continued
be heli on October 20'in order to Include documents requested. To October 20'"
The CONSENT CALENDAR consisting of Items VI-A through VI-K was approved by motion of Consent Cal
Mayor Pro-Tem Rocha,seconded by Coundlmember Stanford and unanimously carted,with Spec Call
the exception of items VI-D&VI-H,which was considered under the Special Call portion of the VI D b.H
Agenda. Item VI-j, regarding the lease between the Gty and EI Proyecto del Barrio, was VI-j removed
removed from the Agenda by staff.
A. Minutes of the regular meeting of September 15,2003,were approved as written. Min Appvd
10/06/03 PAGE THREE
B. Human Resources Action Items were approved as follows: HR Action
Merit Increase and/or Regular Appointments: F.Wong,E.Ceccia,S.Sandoval.S.Acero, Items '
S.Cabral.and W.Mandigo.
New Appointment: JoAnn Hernandez,Police Dispatcher.
Reclassification: Cdstina Gomez-Moraks, Information Technology Analyst, effective
October 7, 2003.
Separations: V.Cross. Director of Human Resources,effective September 11,2003.
C. The Azusa Reads.Off-Campus Federal Work-Study Program Agreement with Azusa Pacific Azusa Reads
University(APU)was approved and the City Manager was authorized to sign. APU
D. SPECIAL CALL Spec Call
E. Approval was given to award the contract for police emergency vehicle conversions for PD Vehicle
seven new Ford Crown Victoria's to Espino's Cop Shop,Inc.,In the amount of$21,611.24. Conversions
F. Final Map(TTM 52824-4)for property located at 2027 N.San Gabriel Canyon Road was Tract Map
approved and Its recordation was authorized.
G. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE Res.03-C
INVESTMENT POLICY. Invest Policy
Spec Call
H. SPECIAL CALL.
1. Approval to Increase professional services agreement and purchase order with Crane Agnt w/Crane
Architectural Group for reprographic charges and plan medications to Memorial Park Architectural
Restroom Pro)ect in the amount of 1112".48, was approved In addition to a budget Group
transfer of$1,300.
J. The lease between the City and U Proyecto del Barrio for operation of the AzusaClinic, El Pr �del
was REMOVED FROM THE AGENDA BY STAFF. Mayor Madrid expressedconcern Barrio
regarding section 3.5 additional uses,specifically.famiy planning services and stated that
there is a need to have that section In the document,but to define what family nning Removed ons to the Agenda f
rom
consists of. City Attorney Carvalho advised that there are proposed
document and that is why R Is being removed from the agenda.She stated that family
planning will consist of referral, terms of the agreement will be re-negotiated.
typographical changes will be made,and the Issue with respect to narking repairs to the
properly will be discussed.
K The following Resolution was approved and adopted:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res.03-C80
CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME ARE Warrants
TO BE PAID.
Spec Call Items
MQIA1 (_Alt ITEMS
the and revised class specifications of Class�
Mayor Pro-Tem Rocha addressed Item regarding updated Dispatcher PD
Police Dispatcher and Police Dispatcher(Lateral)in the Police Department asking If the current Approved
police dispatchers will be grand fathered In to the new classifications trrGS
that
tey would. Moved by Counclmember Chagnon,seconded ca�nemr Stanford and
unanimously carried that the Item be approved.
Councilmembe Chagnon addressed item regarding resolutions to appy for grant funds,stattrChagnon
that
Comments
that on page four of the second resolution there Is a statement regarding matching funds that
needs to be taken out of the document. Staff advised that R was a typographical error and that
It would be removed from the document.
Councllmember QuWmn offered Resolutions,as amended,entitled:
Res.03-078
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSAAPPROVING THE APPLICANT Roberti-Z-
TO APPLY FOR GRANT FUNDS FOR THE ROBERTI-Z'BERC-HARRIS BLOCK GRANT PROGRAM Harris Block
UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR.SAFE NEIGHBORHOOD PARKS,AND Grant Pgrm
COASTAL PROTECTION ACT OF 2002.
Res.03-C79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APROVING THE APPLICANT Clean Water
TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE Etc ants
CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS. AND COASTAL gr
PROTECTION ACT OF 2002.
10/06/03 PAGE FOUR
Moved by Councilmember Chagnon,seconded by Cou clnwnbw Stanford to waive further
reading and adopt. Resolutions passed and adopted by the fallowing vote of the Council:
AYES: COUNCILMEMBERS: HARDISON.STANFORD,ROCHA,CHAGNON,MADRID
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 9:37 P.M. CRA cvnd
THE CITY COUNCIL RECONVENED AT 9:36 P.M. Cnd rcnvd
THE CITY COUNCIL RECESSED ANDAZUSA PUBLIC FINANCING AUTHORITY CONVENED AT APFAcnvd
9:39 P.M. Cnd rcnvd
THE CITY COUNCIL RECONVENED AT 9:40 P.M.
Coundlmember Stanford offered an Ordinance, as amended,entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,APPROVING AND ADOPTING Ord 03-06
THE EIGHTH AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE CENTRAL BUSINESS Appvg&
DISTRICT REDEVELOPMENT PROJECT AREA AND THE THIRD AMENDMENT TO THE Adptng
REDEVELOOPMENT PLAN FOR THE WEST END REDEVELOPMENT PROJECT AREA Eighth Amend
CBD&Third
Moved by Councilmember Hardison,seconded by Councllmember Stanford to waive further Amend West
reading and adopt. Ordinance was adopted by the following vote of the Council: End
Redevelopment
AYES: COUNCILMEMBERS: HARDISON,STANFORD,MADRID Project Areas
NOES: COUNCILMEMBERS: ROCHA
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: CHAGNON
It was consensus of Coundlmembers to adjoum Adjourn
TIME OF ADJOURNMENT:9:41 P.M.
CITY CLERK
NEXT RESOLUTION NO.2003-CBI.
NEXT ORDINANCE NO. 2003-07.
10/06/03 PAGE FIVE
CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
ADJOURNED REGULAR MEETING
MONDAY,AUGUST 11, 2003 -6:30 P.M.
The City Council of the City of Azusa met in Ad)oumed Regular session,at the above date and
time In the Azusa Light and Water Department located at 729 North Azusa Avenue, Azusa,
California.
Mayor Madrid called the meeting to order. Call to Order
ROLL CALL Roll Call
PRESENT: COUNCILMEMBERS: HARDISON,STANFORD,ROCHA CHAGNON,MADRID
ABSENT: COUNCILMEMBERS: NONE
ALSO PRESENT: Also Present
City Manager Cole,Assistant City Manager Person,Deputy City Manager Gutierrez,City Librarian
Tovar, Assistant Community Development Director Onaga, City Treasurer Macias, Director of
Public Works Nakasone, Community Improvement Manager Rudlsel, Director of Human
Resources Cross, Chief of Police Davis, Acting Finance Director Kerayer, Information Systems
Manager Graf,City Clerk Mendoza,Deputy City Clerk Toscano.
PUBLIC PARTICIPATION Pub Part
None. None
Results Based Budsetina
City Manager Cole Introduced the concept of planning for Result-Based Budgeting. He then City Mgr
Introduced the leader of the Tax Review Task Force, City Treasurer Urlel Macias to provide Comments
additional Information regarding the Task Force.
City Treasurer Macias addressed the Issue providing Information regarding the Task Force stating City Treas
that they have looked at city services, and have gone over the financials with Acting Financing Comments
Director Kenoyer, and would come up with some recomvmendations by November, 2003, to
either cut, reprloritize, place something on the ballot or a combination of both, to Increase
revenue.
City Manager Cole detailed how Results Based Budgeting became an option for the City and City Mgr
Introduced the members of Public Strategies Group to describe the process for Results Based Comments
Budgeting.
Ms. Camille Cates Barnett of Public Strategies Group addressed the Issue stating that there are Public Strat.
three decisions to make at the beginning: 1) Get a grip on the problem 2)Agee on the total Group
revenue and 3)Get the price of Government,decide what results will purchase and at what price. Barnett&Stone
She detailed each section describing it's purpose and answered questions posed by
Councllmembers. Mr.Bob Stone of Public Strategies Group addressed the Issue and in addition
to other examples noted he described the nine strategies that are needed as follows: I)Clear the
decks 2) Consolidate 3) Let customer decide 4)Make performance consequential S) Increase
fle)dbility in return or accountability 6)Reform how government works on the Inside to Improve
performance on the outside 7)Cut the cost of mistrust 8)Target unneeded subsidies 9) Invest
only to get a specific return.
City Manager Cole asked the following questions: Is this what the City wants to dol Who Is going City Mgr
to take the lead and who else Is going to be Involved and does the City want the consultants. Comments
Councilmembers agreed that this Is something the City wants to do and that staff would take the
lead on it. No decision was made regarding a consultant at this time.
Discussion was held regarding Code Enforcement In the City of Azusa. Con minty Improvement Code
Manager Rudisel addressed the Issue stating that they are working more on problem tenants,gang Enforcement
activity and drug activity. They usually go after the owner of the property to try and get them to Discussion
see what the problem is and cooperate with the City. In terms of the community based policing Com Imp Mgr
concept,Atlantic Gardens is the results of that with significant positive change occurring. He
details some of the problems that occur in some neighborhoods.
City Manager Cole asked that Community Improvement Manager Rudisel address things that City Mgr
happen In the evenings and week ends, such as Illegal vendors, truck parking on the streets, Comments
broken windows,signs,cars parked on lawns,graffiti,shopping carts,swap meets that go on all
the time. He stated that these are symptoms of the things that happen evenings and weekends
and Council doesn't know who to call or how to stop them until Monday.
Discussion was held between Councilmember and staff regarding the above stated Issues and Discussion
possibly expanded Code Enforcement with weekend options. Discussion was held regarding
existing Code Enforcement Program,proposed after hours and weekend coverage and options i.e.
working more efficiently with existing staff resources,placing rental housing inspections on hold
and rearranging schedules of Community Improvement staff to cover evenings and weekends,
hiring a part time Community Improvement Inspector for weekends,and perhaps hiring another
halftime inspector/halfdme reserve officer position(similar to Officer Tom Montague)in place of
the pan time weekend Inspector.
Mayor Pro-Tem Rocha expressed his approval of the rental housing Inspection program due the Rocha
quality of life Issues, and specified the area of Donna Beth and Newburgh streets In Azusa. Comments
Discussion was held between Co ncllmembers and staff regarding the Issue.
An Item regarding the charges for reduced electrical permit fees for the public benefit program in Item not
the Atlantis Gardens Neighborhood revitalization project,arose,but,was not discussed as It was Discussed
not an agendized Item.
City Manager Cole noted that he would Interpret the rule that the Atlantis Gardens Neighborhood City Mgr
revitalization project do not need a pemnit at this time.
It was consensus of Councilmembers adjourn. Adjourn
TIME OF ADJOURNMENT:9:03 P.M.
CITY CLERK
NEXT RESOLUTION NO.03-C68.
08/11/03 PAGE TWO
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MERLE WYNN, ACTING HUMAN RESOURCES MANAGER
VIA: RICK COLE, CITY MANAGER AXI"
DATE: OCTOBER 20, 2003
SUBJECT: HUMAN RESOURCES ACTION ITEMS
RECOMMENDATION
It is recommended that the City Council approve the following Personnel Action Requests in accordance with
Section 3.3 of the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s).
BACKGROUND
On October 14, 2003, the Personnel Board confirmed the following Department Head recommendation(s)
regarding the following Personnel Action request(s).
1. MERIT INCREASE AND/OR REGULAR APPOINTMENT:
ADM Michael Guadagnino Network Administrator Merit Inc 4220/5
8 12-03 $6,166.99
CD Rick McMinn Community Improvement Merit Inc 4171/4
Inspector 9-4-2003 $3,741.21
PW Rick Montague Street Maintenance Worker I Merit Inc 4153/4
10-3-03 $3,104.48
PW Richard Gardea, Jr. Street Maintenance Worker II Reg Appt/Merit Inc 4163/3
9-24-03 $3,257.08
PW Jesus Sanchez Street Maintenance Worker 11 Reg Appt/Merit Inc 4163/2
9-10-03 $3,110.12
2. SEPARATIONS—The following separation s are submitted for informational ur oses.
PD I Michelle Starkey Police Dispatcher 1 9-26-03
PD Leonard Gallegos Police Officer 8-26-03
FISCAL IMPACT
Sufficient funds exist in the approved departmental budgets to cover the salary changes. Salary savings realized
from vacant positions are utilized to underfill positions with temporary hires and/or to offset overtime costs.
mile
CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: RANDY NORIEGA, DIRECTOR
"OOF
PARK PLANNING AND DEVELOPMENT
VIA: RICK COLE, CITY MANAGER
DATE: OCTOBER 20, 2003
SUBJECT: AUTHORIZE THE NOTICE OF COMPLETION ON THE PIONEER PARK PLAY
EQUIPMENT PURCHASE AND INSTALLATION AS COMPLETED BY LITTLE TIKE
COMMERCIAL PLAY SYSTEMS
RECOMMENDATION:
It is recommended that City Council authorize the filing of the notice of completion on the
purchase and installation of the Pioneer Park play equipment as completed by Little Tike
commercial play systems. The project was completed on time and on budget. The project cost
was $79,995.00. The completion of this project provides yet another improved park facility for
Azusa's children to develop and families to prosper.
BACKGROUND:
City Council authorized the purchase and installation of play equipment for Pioneer Park from
Little Tike commercial play systems In March 2003. The play structure was manufactured over a
ten-week period and shipped out for installation. The existing plays structure and poured in place
rubber play surface was removed and the site was prepared for the new play equipment. The new
play structure and handicapped accessible poured in place rubber play surface was Installed. The
project was completed on October 3, 2003.
FISCAL IMPACT:
This project was approved in the 2002-2003 Capital Improvement Budget. The budgeted amount
for the project was $80,000.00. The project came In on time and below the budgeted amount at
$79,995.00. The Mountain Cove Community Facility District Account Fund funded this project.
03-186
RECORDING REQUESTED BY
Y.
AND WHEN RECORDED MAa.TO
Name City of Azusa
stn City Clerk
Ammu213 E. Foothill Blvd.
cl,
L;" Azusa, CA 91702
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Notice of Completion
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is CitV Of Azusa (NAME).
3. The full address of the undersigned is213 R_ F001-hi 17 RI yd r AZUSa CA 8170?
(NUMBER AND STREET. CITY. STATE. ZIP).
4. The nature of the title of the undersigned is
(E.G.. owner in fee OR vendee under contract of purchase OR knee OR OTHER APPROPRIATE DESIGNATION).
5. The full names and full addresses of all persons, if any, who hold tele with the undersigned as joint tenants or as tenants in common are:
Names Addresses
6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the
work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD "nate"):
Names Addresses
7. A work of improvement on the property hereinafter described Was completed on October 3. 2003 (DATE).
8. The name of the original contractor, if any, for the work of improvement wasli i tt I a Ti k0 rnmmarri a P1 A 1E S3 A1St
(NAME OF CONTRACTOR. OR IF NO CONTRACTOR FOR THE WORK OF IMPROVEMENT AS A WHOLE, INSERT THE
WORD"none").[IF NOTICE COVERS COMPLETION OF CONTRACT FOR ONLY PART OF THE WORK OF IMPROVEMENT,
ADD: The kind of work done or material furnished was Play equipment installation
(GIVE GENERAL STATEMENT, E.G.. furnishing of concrete for sidewalks]. AZllBa
9. The property on which the work of improvement was completed is in the City of County
of _Los Angeles State of California. ands described as follows: play taqui:mtmnt at
Pioneer Park
(set forth description of jobsite sufficient for identification, using legal description if posstbk).
10. The street address of the said property is none
(NUMBER AND STREET. OR. IF THERE IS NO OFFICIAL STREET ADDRESS, INSERT THE WORD "none".)
Dated: October 20 ,3grf2003
(SIGNATURE)
Cristina Madrid, Mayor (TYPED NAME)
VERIFICATION
I. the undersigned, say:
1 am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated
therein are true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at Azusa California, this 20 day of October Iff 2003
(SIGNATURE)
•
•
mile
CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: RANDY NORIEGA, DIRECTOR OF PARK PLANNING AND DEVELOPMENT
VIA: RICK COLE, CITY MANAGER/e'er
DATE: OCTOBER 20, 2003
SUBJECT: REQUEST TO AMEND PROFESSIONAL SERVICES AGREEMENT AND PURCHASE
ORDER WITH RJM DESIGN GROUP AND APPROVE A BUDGET TRANSFER TO
COVER THE PURCHASE ORDER INCREASE AND ADDITIONAL NON-CONSULTANT
PROJECT RELATED COST
RECOMMENDATION:
It is recommended that City Council: (1) Approve an increase of $3,600.00 to the professional
service contract purchase order with RJM Design Group; (2) approve a budget transfer of
$8,500.00 from Park Planning and Development account#22-800-00-420-6345/420031-6345
(Consultants for Design and Architectural Services)to Park Master Plan account#22-80-000-420-
6345/42001 E-6345.
BACKGROUND:
The City of Azusa entered into a professional service agreement with RJM Design Group of San
Juan Capistrano, California in December of 2001. The negotiated fee to produce a comprehensive
Park Master Plan for the City of Azusa was $90,000.00. The project consisted of an in depth
Inventory of our e)dsting parks and amenities, a program services audit, a community telephone
survey of recreation uses, four community workshops, stake holder Interviews, recreation trends
analysts a Council-Commission-Resident presentation and a draft report of findings and
recommendations.
At staff's request additional copies of the final draft report were ordered. Ten copies were
contracted for and 30 copies were ordered. The draft report itself was upgraded including the use
of colored photos, high quality gloss cover and the use of color on every page of the report.
These upgrades Increased our reprographic reimbursable changes by $3,600.00.
Non-consultant project cost of $4,900.00 was incurred on the project. These Items were two
double sided street banners inviting our residents to our Park Master Plan workshops,two double
sided banners advertising our "Parks Make Happy and Healthy Month Campaign", refreshments
and light meals for our four workshops and Council-Commission-Resident presentation.
FISCAL. IMPACT:
T
The requested budget transfer of$8,500.00 from Park Planning and Development account#22-
800-00-420-6345/420031-6345 (Consultants for Design and Architectural Services) to the Park
Master Plan account#22-80-000-420-6345/42001 E-6345 will allow for sufficient funds to cover
the consultants purchase order increase and non-consultant related cost.
03-185
To: Honorable Mayor and Members of the City Council
From: Uriel Macias, City Treasurer
Date: October 20, 2003
Subject: City Treasurer's Statement of Cash and Investment Balances for the
month of September 2003
Recommendation:
It is recommended that the Council Members receive, review, and file the City
Treasurer's Report for the City of Azusa for the month of September 2003.
Backwound•
Transmitted herewith Is the City Treasurer's Statement of Cash Balances for the City
of Azusa for the month of September 2003. City investments are made In
accordance with the City Investment Policy adopted and approved with Resolution
No. 02 - C97 dated, September 16, 2002 and Government Code Section 53600 et
seq. The balance of cash, investments, and projected revenues for the next six
months are expected to be sufficient to meet cash disbursement requirements of the
City for at least the next six months.
TMSWY Book Bakacea-Cash B lmetkronb
Fm 2009
U.Yedr
kbakmxn
HELD BY CITY TREASURER
M Fwgo Bulk
OwwalMOWN /950-041244 NO k* x 7338515.00 FDIC up 0-$100000.00 Ongoky Na 1.375% 1338516.00 2.14%
Ovwbro No k* z 4.739.211.00- 100000 colalntred by 110%5/qwM eenxMea OnWft da 7.200% 1738 11.00 7.56%
WwkeM1 Cavoymidon Chwft 0606-050978 NO In* z 43,2W.47 FDIC up In 100000.00 Ordolm da Nona 49 .47 0.07%
>$IW,MYebroedbyll0%N laeoudroe
FNNbIS Reknbum~ 0608.55036 No M x 17 74.59 FDIC up lo$100,M.W OnWft da tiro 17,374.59 0.03%
> 100000 obleditl by 110%5/gml6@wdd e
Fraddle Mw Med.Tum Nole 3128X07N2 Nola* x 3,W0,000. F 02108107 0ZWM 3.300% 3,023,430.00 4.82%
Faded Hoar Loan We 3133MYKVB No km x 5,000,000.00 Fedw4ft SporooMd Agency 1112118 0021/0.3 4.020% 5017 .DD 8.00%
Faded Hoer LOen Nob 9199XOLD2 No MmM x 5000000.00 05/25/88 08MM 4.200% 5112 500.00 8.16%
Fedwal Homo Loan Noe 3139MYO67 No limit x 6000 000.00 Fedwaly SponWmd AgWCY 05/21107 0521/04 3.100% 6057 .00 6.07%
Fedwal Homo Lean Noe 31339Y2X0 NO Fmk z I 2AW.000.00 Fedwally Spwoomd ADGM 07/11108 10114103 3.000% 2 478125.00 3.96%
Fame Mee NOW 3136F2VN5 NoWM z 2000000.00E 12128107 IMMS 4.100% 2014380.00 321%
MID■ZBA armee 41SW281393 No WW z 0.00 FDIC to100000.00 OngoWc wo Nora 0.00 0.00%
>6100000aMaeutred by 110%5/ lo6mM"
CwBkMed Deposk OSO) 3000911638 No Mmll x 300000.00 FDIC w b$100,000.00 Onoft da 1.200% 904&8.07 0.19%
ISO hoNa a 000 Neral N Ito CD
CarYlkaed SO 1061dR02B4-000 No MA 7975001.22 01107/01 Na 7.900% 8019951.88 931%
WWM FsW Bnk Suk-TeW: 30.913,393.26 31,169.328.81
OMTwd SecrlBae Ace1:9MI-12
Fed Home l M460.Tem Nob 312BX04MB Nom x 7 904 000.00 SponWffid AOMW //772008 110117/200313.05% I.983.9W.001 3.18%
Fed Hm Lon 1609 COP. Med.Twm Nob 312SXOKVO No I" x 2,000,625, F 11212005 ix 1121 3.242% 2,007,11M.00 3.20%
Fad Hwro Lan Bank 31333MJA3 No&M x 2,003"1. 6118Q M 61182004 3.000% 1828 .00 3.07%
RW Nall Mig Aewx:. 313SF36M NO MnB z 1990OBD.00Federally SPW=md Agwwy 5/122008 611&2004 3.910% 2008120.00 9.20%
LaW bvaelmwN Fund 98-79-011 000000.00 z 21956284.18 Beard AB OWh6gadM dtlr Sib dCdixda Na 2.890% 87998 .78 36.08%
TOTAL HELD BYCITY YR94SURER 80,M7.554.11 01.082,260.87
HELD BY FISCAL AGENTS:
US Bank Bib Strad Bank
Ew Accowt 121 7 06 6 010 No M* x 1001 .19 Cuabdlen armed Por owdon 100 HUD ben Na 1.950% 1,601,656.191 200%
TOTAL HED BYRSCAL AGENTS I 1,801,M6.19 1,007,855.10
TOTAL- AZLL9A CASH 6 MESTM7[Nl! 582.400,300.70 ,eM.908u 100.00%
•
•
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KING F. DAVIS, CHIEF OF POLICE
,p
VIA: RICK COLE, CITY MANAGER 4`'f
DATE: OCTOBER 20, 2003
SUBJECT: PURCHASE ONE 2004 FORD CROWN VICTORIA CNG POLICE INTERCEPTOR
VEHICLE FOR USE BY COMMUNITY SERVICE OFFICERS (CSO'S) IN THE
AMOUNT OF $30, 098.50 FROM PASADENA FORD, 1365 E. COLORADO BLVD.,
PASADENA, CA 91106 AND AMEND THE POLICE DEPARTMENT BUDGET
THROUGH AN APPROPRIATION OF $30,000 FROM AQMD 2766 FUND
BALANCE TO ACCOUNT 46-20-310-000-7135
RECOMMENDATION
It Is recommended that the City Council: (1) approve the purchase of one 2004 Ford Crown
Victoria alternative fuel CNG Police Interceptor from Pasadena Ford, 1365 E. Colorado Blvd.,
Pasadena Ca 91106 in an amount not to exceed $30,098.50 including California sales tax and
Tire Fee, AND, (2) approve an amendment to the Police Department Budget by appropriating
$30,000 from AQMD 2766 Fund Balance to Acct. #46-20-310-000-7135.
BACKGROUND
The Police Department has two full time Community Service Officers (CSO's) assigned for
field duty within the city. Their primary vehicle is in poor condition and its maintenance costs
are now unsatisfactory. This vehicle, unit #A7, Is a 1999 Ford Crown Victoria with 110, 832
miles on It. It is beyond its warranty period is In need of retirement from field deployment.
Two responsible written bids were obtained as follows:
• Pasadena Ford $ 30,098.50 (including tax&fees)
• Bob Wondries Ford $31,587.00 (excluding tax &fees)
Approximately $5,000 in cost is attributable to the compressed natural gas components of
the vehicle. The additional cost is being absorbed as part of the City's commitment to
replacing gasoline powered vehicles with alternative fuel vehicles.
FISCAL IMPACT
The vehicle will be purchased using AQMD 2766 funds intended for this purpose.
y
c
Y i
Miller I.
CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MERLE WYNN, ACTING HUMAN RESOURCES MANAGER
f"
VIA: RICK COLE, CITY MANAGER "O p
DATE: October 20, 2003
SUBJECT: UPDATED CLASS SPECIFICATION FOR WATER UTILITY EQUIPMENT
OPERATOR
RECOMMENDATION
It is recommended that City Council, upon recommendation of the Personnel Board,
adopt the updated and revised class specification of Water Utility Equipment
Operator in the Light and Water Department pursuant to City of Azusa Civil Service
Rules Section 3.3.
BACKGROUND
A recent review of the existing class specification for Water Utility Equipment
Operator, along with a change in the law revealed the need to update the driver's
license requirement to a class A level to include a Hazardous AAnterials Endorsement.
FISCAL IMPACT T
There is no fiscal impact as the salary and benefits remain unchanged.
Attachments: Water Utility Equipment Operator Class Specification
P
Date Adopted: 1 I-18-96
Class Code: 6335
CITY OF AZUSA
WATER UTILITY EQUIPMENT OPERATOR
DEFINITION
Under limited supervision, operates heavy construction and maintenance equipment In performing
utility excavating,grading, trenching, loading and related operations according to required standards;
performs semi-skilled and skilled maintenance tasks; performs related duties as required.
CLASS CHARACTERISTICS
This is a specialized class and incumbents are required to operate a variety of heavy equipment in the
construction and maintenance of water systems and facilities. In addition, incumbents train
new/subordinate personnel,as assigned,on equipment operation and maintenance/construction tasks.
ESSENTIAL FUNCTIONS
These functions may not be present in all positions in this class. When a position Is to be filled, the
essential functions will be noted in the announcement of position availability.
Operates heavy construction equipment such as backhoe, roller, bulldozer, scraper, grader,gradeall
and front-end loaders for a variety of construction and maintenance operations Involving streets,
sidewalks, street trees, curbs,gutters, water and sewer lines.
May assist in directing the work of employees operating equipment on a training basis.
Identify equipment needs for assigned projects; performs minor repairs on equipment and reports
need for major repairs.
Performs construction and maintenance tasks such as concrete work,truck driving,asphalt rolling,and
a variety of maintenance and repair activities.
Assists in locating utility lines and appurtenances.
Responds to emergency situations; may perform stand-by watch.
MARGINAL FUNCTIONS
These are position functions which may be changed, deleted or reassigned to accommodate an
Individual with a disability.
QUALIFICATIONS GUIDELINES
Education and/or Experience
Any combination of education and/or experience that has provided the knowledge, skills, and
abilities necessary for satisfactory job performance. Example combinations Include graduation
from high school or equivalent and three (3) years of experience in the construction and
maintenance of water distribution systems.
i
Water Utility Equipment Operator
Class Specification
Knowledge. Skills and Abilities
Considerable knowledge of equipment operation, techniques, and methods used in the
construction and maintenance water systems; safe work practices; uses and purposes of general
construction tools and equipment; traffic laws, ordinances and rules Involved in truck and heavy
equipment operation;standards relating to the Installation,location and required maintenance of
traffic signs and pavement markings; principles and methods of plumbing and hydraulics. Skill In
operating equipment used in work performed; reading and interpreting blueprints,work sketches
and specialized maps; performing journey level skilled tasks in the construction and maintenance
of public works facilities. Ability to operate a variety of heavy construction equipment; keep
accurate records; perform skilled maintenance, construction and repair work; use hand tools and
power tools safely; read and Interpret maps and blueprints; assist In training personnel on unit
activities, procedure and regulations; perform heavy manual work; respond to emergency and
problem situations In an effective manner;communicate effectively with a variety of personnel and
establish/maintain effective working relationships; understand, explain and apply policies and
procedures;work safely;understand and follow verbal and written directions;work independently.
Special Reauirements
Possession of or ability to obtain during probationary period a
VITV
=moo
CITY OF AZUSA
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING
MONDAY,OCTOBER 6,2003—9:37 P.M.
The Board of Directors of the Redevelopment Agency of the City of Azusa met in
regular session at the above date.
Chairperson Madrid called the meeting to order. Call to Order
ROLL CALL Roll Call
PRESENT: DIRECTORS: HARDISON, STANFORD, CHAGNON, ROCHA.
MADRID
ABSENT: DIRECTORS: NONE
A15O PRESENT: Also Present
General Counsel Carvalho,Assistant Executive Director Person,City Department Heads,
Deputy Secretary Toscano,Secretary Mendoza.
The CONSENT CALENDAR consisting of Items VII-A through VII-H,were approved by Consent Cal.
motion of Director Stanford,seconded by Director Chagnon and unanimously carried. Approved
A. Minutes of the regular meeting of September 15,2003,were approved as written. Min approved
B. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT Res,03-R36
AGENCY OF THE CITY OF AZUSA RE-ADOPTING THE INVESTMENT POLICY. Investment Pol
C. The budget amendment for Education Augmentation Fund (ERAF) Shift was ERAF Shift
approved as follows: 1)Additional appropriation of$96,210 from CBD and West
End(the Merged Project)from available debt service reserves;2)appropriation of
$3.040 from Ranch Center, and 3)decrease of the Light and Water debt service
payment appropriation In the Ranch Center Project by$3,040,in order to fund the
additional$101,250 required for the state-mandated ERAF shift.
D. Authorization was given to approve the initiation of refunding the Agency 1994 Tax Financial Advisor
Allocation Bonds;waive the formal Request for QualiBcaton process and approve C.M.de crinis
the professional services agreement with C.M.de Crinis&Company,Inc to provide &Co.
financial advisory services or the bond funding.
E. Extension of professional services Agreement for Economic Agent Hennessey
Development/Redevelopment Director Service provided by Hennessey Group was Group
approved.
F. Approval was given to recognize$348,020 of property tax Increment revenues and Prop Tax incrmt
appropriate$132,210 for payment to LA County pass-through expenditures and Rev&agnt w/
$69.600 to the 20% low/mod housing fund and, amend the contract with HDL HDL Coren&
Coren fa Cone Properly Tax Recovery In order to pay for additional services In the Cone
amount of$52,020.
G. Approval was given to extend the contract with Kosmont & Associates for Contract w/
Redevelopment project management services to June 30, 2004 and authorize Kosmont
execution of the amendment.
H. Thi following Resolution was adopted and entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res.No.03-RZ37
ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF Warrants
REDEVELOPMENT AGENCY FUNDS.
It was consensus of the Redevelopment Agency Boardmembers to adJoum Adjourn
TIME OF ADJOURNMENT: 9:38 P.M.
SECRETARY
NEXT RESOLUTION NO.03-R38.
NEXT ORDINANCE NO.03-ROI.
10/06103 PAGE TWO
AGENCY CONSENT ITEM
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD
FROM: URIEL E. MACIAS, REDEVELOPMENT AGENCY TREASURER /��oti✓
DATE: OCTOBER 20, 2003 6
Vi
SUBJECT: CITY OF AZUSA REDEVELOPMENT AGENCY TREASURER'S STATEMENT OF CASH
BALANCES FOR THE MONTH OF SEPTEMBER 2003
RECOMMENDATION
It is recommended that the Board Members receive and file the Agency Treasurer's Statement
of Cash Balances for the Azusa Redevelopment Agency for the month of September 2003.
BACKGROUND
Transmitted herewith is the Agency Treasurer's Statement of Cash Balances for the Azusa
Redevelopment Agency for the month of September 2003. Agency investments are made in
accordance with the Redevelopment Agency Investment Policy approved and adopted with
Resolution No. 02-R25 dated September 16, 2002, and Government Code Section 53601.
In September, Redevelopment Agency cash and Investment balances Increased by
$149,326.03. Cash received during the month totaled $165,976.25, and disbursements of
$16,650.22 were made to Light and Water for debt service payments. The City advanced
$278,180.15 to the Agency in September.
The Redevelopment Agency is the issuer of the 1994 and 1997 Merged Project Tax Allocation
Bonds. Of the total cash and Investments of$7,605,084.81, Wells Fargo Bank, the fiscal
agent, held $1,465,872.65 on behalf of the Agency. These funds are restricted for payment
of debt service on the bonds. The remaining$6,139,212.16 was available for Agency
operating and debt service expenses.
FISCAL IMPACT
The balance of cash and Investments and projected revenues for the next six months are
expected to be sufficient to meet cash disbursement requirements for at least the next six
months.
Prepared by: Roseanna 1.lara,Sr.Acct.-Redevelopment
UEM:Rlycs
CITY OF AZUSA REDEVELOPMENT AGENCY
AGENCY TREASURER'S STATEMENT OF CASH
AND INVESTMENT BALANCES
SEPTEMBER 2003
Beginning Cash Balance $7,455,758.78
(All Restricted and Unrestricted Accounts & Investments)
Receipts (All Sources) 165,976.25
Disbursements (16,650.22)
Ending Cash Balance $7,605,084.81
(All Restricted and Unrestricted Accounts & Investments)
Urie E. Ma as, Agency Treasurer
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES -CASH AND INVESTMENTS
SEPTEMBER 2003
Maximum
Deposits Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value
CASH AND INVESTMENTS HELD BY AGENCY TREASURER
Walls Fargo Bank
Government Checking No limit $187,307.71 FDIC up to$100,000.00 Ongoing 0.000% $167,307.71
>$100,000 collaterized by 110%in govnY securities
Securities-Federal Home Loan Note No Limit 1,000,000.00 Backed by faith&credit of Federal Home Loan Bank(FHLB) 08/08107 4.200% 1,022,500.00
Local Agency Investment Fund(LAIF) $20,000,000.00 4,951,904.45 Backed by faith&credit of the Stale of California Ongoing 1.635% 4,970,516.18
SUBTOTAL CASH AND INVESTMENTS
HELD BY AGENCY TREASURER: $6,139,212.16 $6,180,323.89
Interest Collections: $0.00
CASH AND INVESTMENTS HELD BY FISCAL AGENT
WELLS FARGO BANKS,FISCAL AGENTS
1994 Meroed PrWect Tax Allocation Bonds
1994A Special Fund
Cash No limit $0.00 FDIC up to 5100,000,00 Ongoing 0.000% $0.00
>$100.000 collaterized by 110%in govnY securities
Wells Fargo Treasury Plus/MMkt No Amit $8.11 WA Ongoing 0.000% 8.11 ~
1994A Reserve Account
Cash No limit 0.00 WA
Ongoing 0.000% 0.00
Wells Fargo Treasury Plus/MMkt No Iimft 32,497.17 WA Ongoing 0.500% 32,497.17
Transamerica Life Investment Agr. WA 952,188.75 Guaranteed Investment Agreement 08/01/23 6.820% 952,188.75
1994 Merged Project Tax Allocation Bonds Subtotal: $984,694.03 $984,694.03
Interest Collections: $14.99
CITY OF AZUSA
REDEVELOPMENT AGENCY
TREASURY BOOK BALANCES-CASH AND INVESTMENTS
SEPTEMBER 2003
Maximum
Deposits Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value
1997 Merced Project Tax Allocation Bonds
1997A Special Fund
Cash No limit $0.00 FDIC up to$100,000.00 Ongoing 0.000% 0.00
>$100,000 collaterized by 110%in govn't securities
Wells Fargo Treasury PlusIMMkt No limit 10.16 WA Ongoing 0.000% 10.16
1997A Reserve Account
Cash No limit 0.00 FDIC up to$100,000.00 Ongoing 0.000% 0.00
>$100,000 collaterized by 110%in govnt securities
Wells Fargo Treasury PlusIMMkt No limit 13,525.96 WA Ongoing 0.500% 13,525.96
Morgan Guaranty Trust Company No limit 467,642.50 Guaranteed Investment Agreement Ongoing 5.750% 467,642.50
1997 Merged Project Tax Allocation Bonds Subtotal: $481,178.62 $481,178.62
Interest Collections: $5.59
SUBTOTAL CASH AND INVESTMENTS
HELD BY FISCAL AGENT: $1,466,872.65 $1,465,872.86
Total -Azusa Redevelopment Agency
Cash and Investments: $7,605,084.81 $7
Total Interest Collections: $20.58
Source of Market Value Information:
Wells Fargo Corporate Trust,Trustee
Local Agency Investment Fund(LPJF)
Wells Fargo Institutional Securities
Tax Allocation Bond Data is based on Trustee-generated Statements;bond bxxls listed
herein are restricted for payment of debt service and governed by
strict regulations described in the Trust Indentures.
A '
Zito
CONSENT IT
TO: THE HONORABLE CHAIRPERSON AND MEMBERS OF THE BOARD
FROM: URIEL MACIAS, REDEVELOPMENT AGENCY TREASURER
MICHAEL HENNESSEY, ECONO/1M�IyC� DEVELOPMENT/REDEVELOPMENT DIRECTOR
VIA: RICK COLE, CITY MANAGER
DATE: OCTOBER 20, 2003
SUBJECT: SELECTION OF BOND COUNSEL FOR REFINANCING THE CITY OF AZUSA
REDEVELOPMENT AGENCY 1994 TAX ALLOCATION BONDS
RECOMMENDATION
It is recommended that the Board Members waive the formal request for qualification process
and approve the professional services agreement with Best Best and Krieger to provide bond
and disclosure counsel services for refunding the Agency's 1994 Tax Allocation Bonds.
BACKGROUND
In 1994, the Agency issued the $12,325,000 Redevelopment Agency of the City of Azusa
Merged Project Area Tax Allocation Bonds, 1994 Series A, at a bond yield of 6.728%. These
bonds can now be refinanced with substantial savings realized. In order to do this, staff has
formed a working committee comprised of the City Treasurer, Interim Finance Director,
Economic Development(Redevelopment Director, and Sr. Accountant-Redevelopment. C.M.
de Crinis &Co., Inc., approved by the Board on October 6, 2003, is providing financial
advisory services. In order to continue the refunding process, bond and disclosure counsel
services are required. Rather than perform time-consuming negotiations which could result in
higher interest rates for the bonds, Best Best and Krieger has proposed to provide these
services at a reasonable cost. Best Best and Krieger is familiar with the City and Agency
issues, and will be able to provide these services in a timely and efficient manner. They have
proposed to provide these services for a total of $45,000.
FISCAL IMPACT
The fee for the bond and disclosure counsel services is not-to-exceed $45,000, including out-
of-pocket expenses. The cost will be reimbursed directly from the refunded bond proceeds.
Prepared by: Roseanna 1.jars.Sr.Acct.-Redevelopment
UEM:RIJks
Attachment-Professional Services Agreement
C:\Documents and Settings\rperson\Desktop\COUNCIL MEETINGS\OCTOBER 20,2003 COUNCIL
MEETING\94TAB_BBKAgrmt1tm.doc
CITY OF AZUSA REDEVELOPMENT AGENCY
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 20th day of October,2003,by and
between the City of Azusa Redevelopment Agency, a municipal organization organized under
the laws of the State of California with its principal place of business at 213 East Foothill
Boulevard,Azusa, California 91702-1295 ("Agency") and Best Best& Krieger, a California
Limited Liability Partnership, with its principal place of business at 3750 University Avenue,
Post Office Box 1028,Riverside, California 92502-1028 ("Consultant"). City and Consultant are
sometimes individually referred to as"Party" and collectively as "Parties."
2. RECrrALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the Agency on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing Bond and Disclosure
Counsel services to public clients, is licensed in the State of California, and is familiar with the
plans of Agency.
2.2 Project.
Agency desires to engage Consultant to render such services for the Refunding of the
Redevelopment Agency of the City of Azusa$12,325,000 Merged Project Tax Allocation
Bonds, 1994 Series A project("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scone of Services. Consultant promises and agrees to furnish to
the Agency all labor,materials,tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Bond and Disclosure Counsel
consulting services necessary for the Project ("Services"). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall
be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
RVPU13WGW"36I 1
4
3.1.2 Term. The term of this Agreement shall be from October 21,2003,to
December 31, 2004, unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and
deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates. Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means,methods and details of performing the Services subject to the requirements of this
Agreement. Agency retains Consultant on an independent contractor basis and not as an
employee. Consultant retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Consultant shall also not be employees of Agency and shall at all times
be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries,
and other amounts due such personnel in connection with their performance of Services under
this Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including,but not limited to: social security
taxes, income tax withholding,unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously,within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance with such
conditions. In order to facilitate Consultant's conformance with the term of this Agreement,
Agency shall respond to Consultant's submittals in a timely manner. Upon request of Agency,
Consultant shall provide a more detailed schedule of anticipated performance to meet the
Schedule of Services.
3.2.3 Conformance to ADnlicable Requirements. All work prepared by
Consultant shall be subject to the approval of Agency.
3.2.4 Substitution of Key Personnel. Consultant has represented to Agency that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon written approval of Agency. In the event that Agency and
Consultant cannot agree as to the substitution of key personnel, Agency shall be entitled to
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to
perform the Services in a manner acceptable to the Agency, or who are determined by the
Agency to be uncooperative, incompetent, a threat to the adequate or timely completion of the
Project or a threat to the safety of persons or property, shall be promptly removed from the
Project by the Consultant at the request of the Agency. The key personnel for performance of
this Agreement are as follows: Kim A. Byrens.
RVPUBWGW44364 2
i
3.2.5 Agency's Representative. The Agency hereby designates Rick Cole, or his
designee, Michael Hennessey, or Uriel Macias,Agency Treasurer, to act as its representative for
the performance of this Agreement("Agency's Representative'),or his or her designee,to act as
its representative for the performance of this Agreement("Agency's Representative'. Agency's
Representative shall have the power to act on behalf of the Agency for all purposes under this
Contract. Consultant shall not accept direction or orders from any person other than the
Agency's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Kim A.
Byrens,or his or her designee, to act as its representative for the performance of this Agreement
("Consultant's Representative"). Consultant's Representative shall have full authority to
represent and act on behalf of the Consultant for all purposes under this Agreement. The
Consultant's Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means, methods, techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with Agency
staff in the performance of Services and shall be available to Agency's staff, consultants and
other staff at all reasonable times.
3.2.8 Standard of Care, Performance of Emplovees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the Agency, any services necessary to correct errors or omissions which are
caused by the Consultant's failure to comply with the standard of care provided for herein. Any
employee of the Consultant or its sub-consultants who is determined by the Agency to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the Agency, shall be promptly removed from the Project by the
Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws,rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal/OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
RVKMWcstsaenba 3
contrary to such laws,rules and regulations and without giving written notice to the Agency,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold Agency, its officials,directors, officers, employees and agents free and
harmless,pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence
Work under this Agreement until it has provided evidence satisfactory to the Agency that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the Agency that the subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents,representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum&Mg of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2)Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and (3) Workers'Compensation and Employer's Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury,personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit;
(2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and(3)
Workers'Compensation and Employer's Liability: Workers' Compensation limits as required by
the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident
for bodily injury or disease.
3.2.10.3 Professional Liabiliri. Consultant shall procure and
maintain, and require its sub-consultants to procure and maintain, for a period of five(5) years
following completion of the Project, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less than$1,000,000 per claim, and shall
RVPUBWGS�544364 4
be endorsed to include contractual liability.
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions,or Consultant shall provide endorsements on forms supplied or
approved by the Agency to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1)the City,the Agency, its directors, officials, officers, employees,
agents and volunteers shall be covered as additional insured with respect to the Work or
operations performed by or on behalf of the Consultant, including materials,parts or equipment
famished in connection with such work; and(2)the insurance coverage shall be primary
insurance as respects the City, its directors, officials, officers, employees, agents and volunteers,
or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled
underlying coverage. Any insurance or self-insurance maintained by the City, its directors,
officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance
and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1)the City, the Agency, its directors, officials, officers, employees,
agents and volunteers shall be covered as additional insureds with respect to the ownership,
operation,maintenance, use, loading or unloading of any auto owned, leased,hired or borrowed
by the Consultant or for which the Consultant is responsible; and(2) the insurance coverage shall
be primary insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's
scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, the Agency, its
directors, officials, officers, employees, agents and volunteers for losses paid under the terms of
the insurance policy which arise from work performed by the Consultant.
(D) All Coveraees. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended,voided,reduced
or canceled except after thirty(30)days prior written notice by certified mail,return receipt
requested,has been given to the Agency; and (B) any failure to comply with reporting or other
provisions of the policies, including breaches of warranties, shall not affect coverage provided to
the City, the Agency, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds:No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, the Agency, its directors, officials,officers, employees, agents and
RVPUBINGSW436/ 5
volunteers.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the Agency.
Consultant shall guarantee that, at the option of the Agency, either: (1)the insurer shall reduce
or eliminate such deductibles or self-insured retentions as respects the City,the Agency,its
directors, officials, officers, employees, agents and volunteers; or(2)the Consultant shall procure
a bond guaranteeing payment of losses and related investigation costs, claims and administrative
and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VM, licensed to do business in
California, and satisfactory to the Agency.
3.2.10.8 Verification of Coverage. Consultant shall finnish Agency
with original certificates of insurance and endorsements effecting coverage required by this
Agreement on forms satisfactory to the Agency. The certificates and endorsements for each
insurance policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf, and shall be on forms provided by the Agency if requested. All certificates and
endorsements must be received and approved by the Agency before work commences. The
Agency reserves the right to require complete,certified copies of all required insurance policies,
at any time.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services,the Consultant shall at
all times be in compliance with all applicable local, state and federal laws,rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,bridges, gang planks,
confined space procedures,trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation
shall not exceed [Forty-Five Thousand Dollars and N0/100] (545,000.00)without written
approval of Agency Designated Representative. Extra Work may be authorized, as described
below, and if authorized,will be compensated at the rates and manner set forth in this
RVPUBWGS'544364 6
Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to Agency a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. Agency shall, within 45 days of receiving such statement,
review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by Agency.
3.3.4 Extra Work. At any time during the term of this Agreement,Agency may
request that Consultant perform Extra Work. As used herein, 'Extra Work" means any work
which is determined by Agency to be necessary for the proper completion of the Project,but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform, nor be compensated for,Extra Work without written
authorization from Agency's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of Agency during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work,data, documents,proceedings, and activities related to the Agreement for a period of three
(3)years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. Agency may,by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven(7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those services which have been adequately rendered to
Agency, and Consultant shall be entitled to no further compensation. Consultant may not
terminate this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein,Agency may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance of
RVPUBWGS1544364 7
v
Services under this Agreement. Consultant shall be required to provide such document and other
information within fifteen(15)days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, Agency may procure,upon such terms and in such manner as
it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant:
Best Best&Krieger,LLP
3750 University Avenue
Post Office Box 1028
Riverside, CA 92502-1028
Attn: Kim A. Byrens
Agency:
City of Azusa Redevelopment Agency
213 East Foothill Blvd.
Azusa, CA 91702-1295
Attn: Michael Hennessey
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at
its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents &Data: Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for Agency to copy, use,modify, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to,physical drawings or data
magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be
prepared by Consultant under this Agreement("Documents&Data"). Consultant shall require
all subcontractors to agree in writing that Agency is granted a non-exclusive and perpetual
license for any Documents &Data the subcontractor prepares under this Agreement. Consultant
represents and wan-ants that Consultant has the legal right to license any and all Documents&
RVPUBWG515u364 8
t
Data. Consultant makes no such representation and warranty in regard to Documents&Data
which were prepared by design professionals other than Consultant or provided to Consultant by
the Agency. Agency shall not be limited in any way in its use of the Documents and Data at any
time,provided that any such use not within the purposes intended by this Agreement shall be at
Agency's sole risk.
3.5.3.2 Confidentiality. All ideas,memoranda, specifications,plans,
procedures,drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of Agency,be used by Consultant for
any purposes other than the performance of the Services. Nor shall such materials be disclosed
to any person or entity not connected with the performance of the Services or the Project.
Nothing fiunished to Consultant which is otherwise known to Consultant or is generally known,
or has become known, to the related industry shall be deemed confidential. Consultant shall not
use Agency's name or insignia,photographs of the Project,or any publicity pertaining to the
Services or the Project in any magazine,trade paper, newspaper, television or radio production or
other similar medium without the prior written consent of Agency.
3.5.4 Cooperation, Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorneys Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification. Consultant shall defend, indemnify and hold the Agency,
its officials, officers, employees,volunteers and agents free and harmless from any and all
claims, demands, causes of action, costs, expenses, liability, loss, damage or injury,in law or
equity,to property or persons, including wrongful death,in any manner arising out of or incident
to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers,
employees, agents, consultants and contractors arising out of or in connection with the
performance of the Services,the Project or this Agreement, including without limitation the
payment of all consequential damages and attorneys fees and other related costs and expenses.
Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid
suits, actions or other legal proceedings of every kind that may be brought or instituted against
City, the Agency, its directors, officials, officers, employees, agents or volunteers. Consultant
shall pay and satisfy any judgment, award or decree that maybe rendered against City, Agency or
its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other
legal proceeding. Consultant shall reimburse Agency and its directors, officials, officers,
employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Consultant's
RVPUBWGS'544364 - 9
t
obligation to indemnify shall not be restricted to insurance proceeds, if any,received by the
Agency,its directors,officials officers, employees, agents or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 Agency's Right to Employ Other Consultants. Agency reserves right to
employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign,hypothecate, or
transfer, either directly or by operation of law,this Agreement or any interest herein without the
prior written consent of the Agency. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment,hypothecation or transfer.
3.5.13 Construction,References, Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement,the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
Agency include its elected officials,officers, employees, agents, and volunteers except as
otherwise specified in this Agreement. The captions of the various articles and paragraphs are
for convenience and ease of reference only, and do not define, limit, augment,or describe the
scope, content, or intent of this Agreement.
3.5.14 Amendment, Modification. No supplement,modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver,benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
RVPUBWGW"364 10
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3.5.16 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity: Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission,percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, Agency shall have the right to rescind this Agreement without liability.
For the term of this Agreement,no member, officer or employee of Agency, during the term of
his or her service with Agency, shall have any direct interest in this Agreement, or obtain any
present or anticipated material benefit arising therefrom.
3.5.19 Eaual Qpportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin,handicap, ancestry, sex
or age. Such non-discrimination shall include,but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination. Consultant shall also comply with all relevant provisions of City s Minority
Business Enterprise program, Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
RVPUBXNGW44364 Zt
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein,without prior written
approval of Agency. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF AZUSA BEST BEST & KRIEGER
REDEVELOPMENT AGENCY
By By:
Rick Cole
Executive Director
Attest:
City Clerk
Approved as to Form:
Best Best & Krieger LLP
City Attorney
RVPUBwG044364 12
f
EXHIBIT"A"
SCOPE OF SERVICES AND COMPENSATION
RVPUBWGS�544364 A-1
BEST BEST & KRIEGER LLP
a califomia limited liability partnership Including professional corporations
3750 UNIVERSITY AVENUE
POST OFFICE BOX 1028 RIVERSIDE
CALIFORNIA 92502-1028
(909)686-1450
(909)6863083 fax
BBKLAW.COM
Kim A. Syrens
kabyrens@bbklaw.com
October 10,2003
Via Email: MWilliams@cmdecrinis.com
Michael Williams
C.M. deCrinis&Co. Inc.1911 South Commerce Center East, Suite 307
San Bernardino, CA 92408
Re: Bond Counsel and Disclosure Counsel Services for the City of Azusa and
Redevelopment Agency of the City of Azusa
Dear Mike:
We are delighted to submit this proposal to you for bond counsel and disclosure
counsel services for the City of Azusa and the Redevelopment Agency of the City of Azusa.We are
able to meet the timing needs of the City and Agency for the successful completion of the
financings. Our fees for such services will be as follows:
1. Not to exceed$12,000,000 Redevelopment Agency of the City of Azusa Tax Allocation
Refunding Bonds—
Bond Counsel: $25,000.00
Disclosure Counsel: $15,000.00
2. Not to exceed$5,000,000 City of Azusa Refunding Certificates of Participation-
Bond Counsel: $20,000.00
Disclosure Counsel: $15,000.00
These fees are payable upon the successful delivery of the securities. We will
expect reimbursement for out-of-pocket expenses, such expenses will not exceed$5,000.00,unless
otherwise agreed by the City or Agency,as applicable.Please call me at your convenience should you
need further information.
Sincerely,
Kim A. Byrens
of BEST BEST&KRIEGER LLP
RVPUBWAM661014
RVPUBWGS\S41364 A-2
WARRANT REGISTER NO. 06
FISCAL YEAR 2003-04
WARRANTS DATED 9/20/03 THROUGH 9/30/03 .
RESOLUTION NO.
FOR BOARD OF DIRECTORS' MEETING OF 10-20-03
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS
TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS
THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS
FOLLOWS:
SECTION 1. That the following claims and demands have been audited as required by law and that
the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as
hereinafter set forth:
80-110-REDEVELOPMENT ADMINISTRATION FUND $14,862.71
80-125-CBD CAPITAL PROJECTS FUND 9.105.43
80-135-WED CAPITAL PROJECTS FUND 1,901.00
80-185-RANCH CENTER CAPITAL PROJECTS FUND
81-155-TAX INCREMENT SET-ASIDE FUND 1.664.20
82-125-CBD DEBT SERVICE FUND
82-135-WED DEBT SERVICE FUND 203.944.78
82-185-RANCH CENTER DEBT SERVICE FUND
TOTAL ALL FUNDS: $231,478.12
SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a
certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records.
ADOPTED AND APPROVED THIS DAY OF 2003.
Chairman
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the
City of Azusa at a regular meeting thereof,held on the_day of 2003.
AYES: DIRECTORS:
NOES: DIRECTORS:
ABSTAIN: DIRECTORS:
ABSENT: DIRECTORS:
Secretary
STING By �y ice 1
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V05804 EESr BESP & ICEttE 8010125000-6301/502801-6301 440510 0510-�03 LC4, PD 0.00 3,000.00
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V05804 EFSr EESr & ME 8010125000-6301/505700-6301 440510 0508-7%03 1M PD 0.00 156.00
V05804 BEST BEST & FRIE 8010125000-6399/502801-6399 35p8-57 03 UL rD 0.00 1,901.00
V05804 EFSr EESr & I� 8010135000-6301 400509 0.00 1,664.20
V05804 EESr EESr & IE 8110155000-6301/509200-6301 PEID LlEaid. 000
8,537.70
8,537.70
V07068 ICY GUF 8010110000-6399 707 8/03 RII>1ZZ7 DIR C PD 0.00 13,437.50
PEID : 0.00
13,437.50
A/C A� Total: 13,437.50
76
VV005993 I m P.A.C. G3Vr 8010125000-6650%650200-6650 40555001600111508822 AAnZ/ CUUTUSR/634 ED 0.00 744.76
0.00
PEID
1,489.52
T&,alc 1,489.52
V96941 INIII;MnCI�ML CD 8010110000-6509
1117825 WRIT sHXPM PD 0.00 56.95
56.
PEID � 95
� 56.95
V05574 IF DV M7CNlpM 8010110000-6493 EB07109EB07117 B807109-I-807117 PD 0.00 96.94
PEID
96.94
Total: 96.94
V00370 KF17Z-K%S,LS CORP 8010125000-6399/502801-6399
$70 100 7/03 PLM FN OU PD 0.00 21033.25
PEID 0.00
U19ge 2,033.25
Total: 2,033.25
Ci of Azusa HP 9000 10/15/03 O P E N HOLD D B LISTING By Pe sanity Nine pale 2
VkTI OCT 15, 2003, 5:13 FM --req: %168------leg: (M JL--loc: BI-TECH---Jab: 269208 W1201---prog: CH400 <1.34>--xe1 id: CEFM 202
Sr3F]CI' FLED 0--des: 80-82 ; GL Posting Dates: 07/01/2003-06/30/2004 ; Check Issae I)a : 9/20/2003-9/30/2003
PE ID PE Nwe AfJMT M3MZ / JCS UNSER Invoice Nmber Des=iptial St Disc. Ant. Dist. Pnt.
W1582 N>QXIEL CCNMNIGI 8010110000-6915 635925025013 635925025-013 In PD 0.00 124.94
PEID UXx id0.00
Paid: 124.94
Total: 124.94
V00540 OFFICE TEFOr I1U 8010110000-6530 215387533001 3" BINCERS PD 00.00 37.74
PEIDPaid: 37. 74
Ictal: 37.74
V00353 PLEL,IC FNPLC M 8000000000-2728 09033 NIL FNPL11i/EMPL PD 0.00 1,100.64
PEN do 1,100.64
Total: 1,100.64
W1899 SMUEY PESP CEN 8010125000-6815_/505700-6815 401790 7/03 PEST CU%M PD 0.00 95.00
W1899 STq•NW PEST CEN 8010125000-6815/ 00-6815 401789 03 PEST CCNI1� PD 0.00 55.00
V01899 SIMM PEST CIN 8010125000-6815Z650201-6815 401791 7%03 PESP 02M30 PD 0.00 45.00
V01899 STANLEY PEST CEN 8010125000-6815/ 5700-6815 417937 8/03 PEST CENM PD 0.00 95.00
V01899 SWM PEST CCN 8010125000-68155700-6815 417936 8/03 PEST CCNIld3 PD 0.00 55.00
V01899 SMUM FEST CCN 8010125000-6815 650201-6815 417938 8/03 PESP Camp PD 0.00 45.00
PEID fiPai d: 0.00
390.00
Tbtal: 390.00
W6764 SBUIES 8010125000-6399/502801-6399 59167 (182)CMM CEPIE PD 0.00 220.16
PEN Upaid: 0.00
Paid 220.16
Total: 220.16
V92617 THE PRICE WaY 8210135000-7001/503301-7001 092203 PRICE CLB NEE/)R PD 0.00 203,944.78
PEIDPaid: 203,944.78
Total: 203,944.78
V06179 WDUIESS DY1T= 8010110000-6915 21430 21430 INMICE 119 PD 0.00 8.00
City of Azusa HP 9000 10/15/03 OPEN HOLD D B , LISTING By ti ' Nie �e 3
OCP 15, 2003, 5:13 FM --req: ICM------leg: GL JL--loc: BI-TECH---7cb: 269208 #M01---Prcg: CH4 <1.34>--report id: CHEI,IR02
S= REDID oxbs: 80-82 ; GL prating Dates: 07/01/2003-06/30/2004 ; Check Issue Dates: 9/20/2003-9/30/2003
PE ID PE N3[e AO= MMM / JCS UMEEi2 Invoice Nixdmr Descmii irn St Disc. Ant. Dist. Pnt.
PEID idd: 0.00
8.00
1btal: 8.00
GRAND TOTAL 000
�: 231,478.12
Thal: 231,478.12
•
CITY OF AZUSA
MINUTES OF THE AZUSA PUBLIC FINANCING AUTHORITY
REGULAR MEETING
MONDAY,OCTOBER 6, 2003-9:39 P.M.
The Board of Directors of the Azusa Public Financing Authority of the City of Azusa met
In regular session at the above date.
Chairperson Mayor Madrid called the meeting to order. Call to Order
ROLL CALL Roll Cali
PRESENT: DIRECTORS: HARDISON, STANFORD, CHAGNON. ROCHA,
MADRID
ABSENT: DIRECTORS: NONE
ALSO PRESENT: Also Present
General Counsel Carvalho,Assistant Executive Director Person,City Department Heads,
Secretary Mendoza, Deputy Secretary Toscano.
The CONSENT CALENDAR consisting of Items VIII-A through VIII-C,were approved by Consent Cal
motion of Director Stanford,seconded by Director Hardison and unanimously carried. Approved
A. Minutes of the regular meeting of July 21,2003,were approved as written. Min approved
B. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE AZUSA PUBLIC Res 03-P3
FINANCING AUTHORITY OF THE CITY OF AZUSA RE-ADOPTING THE INVESTMENT Investment
POLICY. Policy
C. Authorization was given to Initiate the refunding of the Authority's 1994 City Agmt w/C.M.
Certificates of Participation,waive the formal Request for Qualification process and De Ctinls A Co.
approve the professional services agreement with C.M.de Crinis&Company,Inc., Refunding 1994
to provide financial advisory services for the certificate refunding. Cert of Part.
It was consensus of the Boardmembers to adjourn. Adjourn
TIME OF ADJOURNMENT: 9:40 P.M.
SECRETARY
NEXT RESOLUTION NO.03-P4.
r
ol
CONSENT ITEM
TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE BOARD
FROM: URIEL E. MACIAS, AZUSA PUBLIC FINANCING AUTHORITY TREASURER
DATE: OCTOBER 20, 2003
SUBJECT: AZUSA PUBLIC FINANCING AUTHORITY TREASURER'S STATEMENT OF CASH
BALANCES FOR THE QUARTER ENDED SEPTEMBER 30, 2003
RECOMMENDATION
It is recommended that the Board Members receive and file the Azusa Public Financing Authority
Treasurer's Statement of Cash Balances for the quarter ended September 30, 2003.
BACKGROUND
Transmitted herewith is the Treasurer's Report for the Azusa Public Financing Authority for quarter
ending September 30, 2003. Authority investments are made in accordance with the Authority
Investment Policy adopted and approved with Resolution No. 02-P2 dated September 16, 2002,
and Government Code Section 53601.
The Azusa Public Financing Authority is the issuer of several bond issues-the 1993 Water Revenue
Bonds, the 1994 Capital Improvement Project Refinancing Certificates of Participation, the 1994
Sewer System Project Refinancing Certificates of Participation, and the 2003 FareCai Water
System Capital Improvements Certificates of Participation. These funds are restricted for
payment of debt service on the bonds, and are held and invested by various fiscal agents who are
trustees for the bonds.
For quarter ending September 30, 2003, fiscal agents held total investments costing
$2,844,591.84 with a market value of $2,843,577.62. Net interest collections for the quarter
were $607,215.87,and other revenues totaled $3,166,487.22. Disbursements of$4,631,782.89
were made during this period, and included debt service payments and the defeasance of the
1993 Water Revenue Bonds. The 2003 FareCal Water System Capital improvements Certificates
of Participation were newly issued to refinance the 1993 Water Revenue Bonds.
FISCAL IMPACT
The balance of cash and investments and projected revenues for the next six months are expected
to be sufficient to meet cash disbursement requirements for at least the next six months.
Prepared by: Roseanna J. Jara, Sr.Acct.-Redevelopment
UEM:Rlyu
e
CITY OF AZUSA
AZUSA PUBLIC FINANCING AUTHORITY
TREASURER'S STATEMENT OF CASH
AND INVESTMENT BALANCES
QUARTER ENDING SEPTEMBER 30, 2003
Beginning Cash Balance $3,702,671.64
(All Restricted and Unrestricted Accounts &Investments)
Receipts (All Sources) $3,773,703.09
Disbursements ($4,631,782.89)
Ending Cash Balance $2,844,591.84
(All Restricted and Unrestricted Accounts&Investments)
Uriel E. Ma las, Agency Treasurer
CITY OF AZUSA
AZUSA PUBLIC FINANCING AUTHORITY
TREASURY BOOK BALANCES•CASH AND INVESTMENTS
QUARTER ENDING SEPTEMBER 30 2003
Maximum
Deposits Interest Mkt
Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value
CASH AND INVESTMENTS HELD BY FISCAL AGENT
BNY Western,Trustee
1993 Water Revenue Bonds
Azusa PFA 1993-BoM Fund
Cali NO LprW .$0.00 FDIC up to 5100,000.00 OrpWg 0.000% $0.00
>$100.000 oaletanzed by 110%in gown securities
Weft Fargo Treasury Phu MMkt No Um8 $133,718.67 WA
Ongoing 0.380% 1133,718.67
U.S.Treasury Bas No Um8 $0.00 Guaranteed by the United States Treasury 01/02/03 $0.00
Azusa PFA 1993-Interest Account
Cash No t1m8 $0.00 FDIC up to$100,000.00 Ongoing None $0.00
4100,000 Walsized by 110%In gown sec rase
Aqua PFA 1993Pmsipal AOcarrr
Cash No Uanll $0.00 FDIC rq to$100,000.00 Ongoing None $0.00
>$100,000 oobWbmd by 110%In gown searNNs
Aqua PFA 1993Resarve Axl
Weft Fargo Treasury Phu MMB No Lara $0.00 WA
O9gahg 0.510% $0.00
U.S.Ties&"Bonds No Undt $0.00 Guaranteed by the United States Tre" 02/15123 7.125%
$0.00
191$Water Revenua Bonds Subtotal: $133,718.67 $133,718.67
Interest ColeClbns: $580,783.25
Wella Fargo Bank,Trustee
1994 CIP Refunding Certificates of Participation
Lean Payment Fund
Weal Fargo Treasury Plus MMM NO Unit $9.73 WA
Ongoing 0.000% $9.73
4100,000 xlelerlied by 110%In govnY aeCwrillBE
Rsserw FUM
Cash No LkM $0.00 FDIC up to$100,000.00 Ongoing Nara $g.gg
-$100,000 colaterked by 110%N gown seaehua
Weft Fargo Treasury Plus Markt No Umit $18,516.51 WA Ongoing 0.500% $18,516.51
Tranwmerica Lite Im Agw WA $518,382.81 Guararaeed Ime5fin"Agreement 0&01120 6.750% $518,382.81
1991 CIP Refunding COPS Subtotal: $588,909.08 $50111909.08
Irbrest Collections: $18,528.35
1994 Sawyer Refunding Certificates of Participation
CITY OF AZUSA
AZUSA PUBLIC FINANCING AUTHORITY
TREASURY BOOK BALANCES-CASH AND INVESTMENTS
QUARTER ENDING SEPTEMBER 30 2003
Maximum Interest Mkt
Deposits Maturity Rate Value
Bank Accounts Allowed Amount ' Pledged Securities
Instalment Payment Fund Ongoing 0.000% 5525
Web Fargo Treasury Phu MMkt No urnk $5.28 WA
,$100,000 colatedaed try 110%in govnt seaaibs
Reserve Fund None $0.00
cash NO LMei $0.00 FDIC up 00
to 5100. 0.00 Ongoing
,$l 00,000 calla edxed by 110%In goml aewifies
Weis Fargo Treasury Phu MMM NO Lim" $8,596.29 WA Ongoing 0.500% $8,59828
Be""Hathaway Im Agrm1 WA $284.528.80 Guaranteed Investment Agwarers 08/01/23 6.040% $284,526.66
$283,12823
1554 Sewer Refunding COPS Subtotal: $293,128.23
Interest collections: $8,001.60
2003 FareCal Water System Capital Improvements Certificates of Participation
Revenue Fund0.i00% $634.42
Web Fargo Treasury Phu M bMNo Umtt 5834.42 WA Ongoing
,$100,000 wloterised by 110%N gorn't"="a
U.S.Treasury Note No Lora $155,550.22 Guaranteed by On United States TreacuY 12/31!03;WOM4 3.25%12.875% $157,638.00
A&M Espenas FuM0.500% $128,880.88
Web Fargo Treasury Phu MMM No Um5 $126,999.88 WA OngoingWes
,5100,OW colateKed by 110%in gomY secur
Reserve FuedNora 50.00
Cash No Long $0.00 FDIC up to00
$100,0 .00 Ongoing
>$100,000 colalarIrW by 110%in gomY aecurpes
Weis Fargo Treasury Phu MMM No Lend $288.54 WA Ongoing 0.500% $286.54
C11lgroup Global Markets Inc. WA $1,562,156.50 Repurchase Agreement 07101/23 4.810% $1,562,156.50
2003 FIWA Water System COPS: 51,850,807.88 $1,849,793.64
Interest Colecdons: (5895.33)
Total-Azusa Public Financing 52,114365".52
Authority Cash and Investments: 52,11/4,s1t.114
Total Interest COINctleru: 5807,215.87
Source of Market Value Informetton:
BNY Western,Trustee
Web Fargo Be*.Trustee
Bolts DW N based on Tnndea- waled Stalemems;bond hands BMW turMr are resblded for
pannard of debt service and governed by strict regulations described In the Trust IndaMurss.
i
IWO-
CONSENT
ITEM
TO: THE HONORABLE CHAIRPERSON AND MEMBERS OF THE BOARD
FROM: URIEL MACIAS, PUBLIC FINANCING AUTHORITY TREASURER
STEVE KENOYER, ACTING FINANCE DIRECTOR
VIA: RICK COLE, CiTY MANAGER
DATE: OCTOBER 20, 2003
SUBJECT: SELECTION OF BOND COUNSEL FOR REFINANCING THE AZUSA PUBLIC
FINANCING AUTHORITY 1994 CITY CERTIFICATES OF PARTICIPATION
RECOMMENDATION
It is recommended that the Board Members waive the formal request for qualification process
and approve the professional services agreement with Best Best and Krieger to provide bond
and disclosure counsel services for the certificate refunding.
BACKGROUND
In 1994, the Authority issued the $5,485,000 City Certificates of Participation. Due to the IRS
limitation placed on the number of advance refundings allowed, the Agency was not able to
take advantage of reduced interest rates. Effective August 1, 2003, this decision was
reversed, and these bonds can now be refinanced with substantial savings realized.
To initiate the refunding process, staff has formed a working committee comprised of the City
Treasurer, Acting Finance Director, Economic Development/Redevelopment Director, and Sr.
Accountant-Redevelopment. C.M. de Crinis &Co., Inc., approved by the Board on October
6, 2003, is providing financial advisory services. In order to continue the refunding process,
bond and disclosure counsel services are required. Rather than perform time-consuming
negotiations which could result in higher interest rates for the bonds, Best Best and Krieger
has proposed to provide these services at a reasonable cost. Best Best and Krieger is familiar
with the Authority's issues, and will be able to provide these services in a timely and efficient
manner. They have proposed to provide these services for a total of$40,000.
FiSCAL IMPACT
The fee for the bond and disclosure counsel services is not-to-exceed $40,000, including out-
of-pocket expenses. The cost will be reimbursed directly from the refunded bond proceeds.
CITY OF AZUSA PUBLIC FINANCING AUTHORITY
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 20th day of October, 2003,by and
between the City of Azusa Public Financing Authority, a municipal organization organized
under the laws of the State of California with its principal place of business at 213 East Foothill
Boulevard, Azusa, California 91702-1295 ("Authority") and Best Best& Krieger, a California
Limited Liability Partnership, with its principal place of business at 3750 University Avenue,
Post Office Box 1028, Riverside, California 92502-1028 ("Consultant"). City and Consultant are
sometimes individually referred to as"Party"and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the Authority on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing Bond and Disclosure
Counsel services to public clients, is licensed in the State of California, and is familiar with the
plans of Authority.
2.2 Project.
Authority desires to engage Consultant to render such services for the Authority's 1994
City Certificates of Participation issue project("Project")as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the Authority all labor,materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional Bond and Disclosure Counsel
consulting services necessary for the Project ("Services"). The Services are more particularly
described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall
be subject to, and performed in accordance with,this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
3.1.2 Term. The term of this Agreement shall be from October 21,2003, to
RVPUBWG044364 '
December 31,2004,unless earlier terminated as provided herein. Consultant shall complete the
Services within the term of this Agreement, and shall meet any other established schedules and
deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates, Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. Authority retains Consultant on an independent contractor basis and not as an
employee. Consultant retains the right to perform similar or different services for others during
the term of this Agreement. Any additional personnel performing the Services under this
Agreement on behalf of Consultant shall also not be employees of Authority and shall at all times
be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries,
and other amounts due such personnel in connection with their performance of Services under
this Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including,but not limited to: social security
taxes, income tax withholding,unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously,within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance with such
conditions. In order to facilitate Consultant's conformance with the term of this Agreement,
Authority shall respond to Consultant's submittals in a timely manner. Upon request of
Authority, Consultant shall provide a more detailed schedule of anticipated performance to meet
the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the approval of Authority.
3.2.4 Substitution of Key Personnel. Consultant has represented to Authority
that certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, Consultant may substitute other
personnel of at least equal competence upon written approval of Authority. In the event that
Authority and Consultant cannot agree as to the substitution of key personnel, Authority shall be
entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or
refuse to perform the Services in a manner acceptable to the Authority, or who are determined by
the Authority to be uncooperative, incompetent, a threat to the adequate or timely completion of
the Project or a threat to the safety of persons or property, shall be promptly removed from the
Project by the Consultant at the request of the Authority. The key personnel for performance of
this Agreement are as follows: Kim A. Byrens.
3.2.5 Authority's Representative. The Authority hereby designates Rick Cole,
RVPU13WGS'S"364 2
or his designee, Steve Kenoyer, Acting Finance Director, or Uriel Macias,Authority Treasurer,to
act as its representative for the performance of this Agreement("Authority's Representative', or
his or her designee,to act as its representative for the performance of this Agreement
("Authority's Representative"). Authority's Representative shall have the power to act on behalf
of the Authority for all purposes under this Contract. Consultant shall not accept direction or
orders from any person other than the Authority's Representative or his or her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Kim A.
Byrens, or his or her designee,to act as its representative for the performance of this Agreement
("Consultant's Representative'. Consultant's Representative shall have full authority to
represent and act on behalf of the Consultant for all purposes under this Agreement. The
Consultant's Representative shall supervise and direct the Services, using his best skill and
attention, and shall be responsible for all means,methods,techniques, sequences and procedures
and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with
Authority staff in the performance of Services and shall be available to Authority's staff,
consultants and other staff at all reasonable times.
3.2.8 Standard of Care: Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Consultant warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to
them. Finally, Consultant represents that it, its employees and subcontractors have all licenses,
permits,qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained throughout the term of this Agreement. As provided for in the indemnification
provisions of this Agreement, Consultant shall perform, at its own cost and expense and without
reimbursement from the Authority, any services necessary to correct errors or omissions which
are caused by the Consultant's failure to comply with the standard of care provided for herein.
Any employee of the Consultant or its sub-consultants who is determined by the Authority to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat
to the safety of persons or property, or any employee who fails or refuses to perform the Services
in a manner acceptable to the Authority, shall be promptly removed from the Project by the
Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal/OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the Authority,
RMMNGS9544364 3
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold Authority, its officials, directors,officers, employees and agents free and
harmless,pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws,rules or
regulations.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence
Work under this Agreement until it has provided evidence satisfactory to the Authority that it has
secured all insurance required under this section. In addition, Consultant shall not allow any
subcontractor to commence work on any subcontract until it has provided evidence satisfactory
to the Authority that the subcontractor has secured all insurance required under this section.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Consultant, its agents,representatives, employees or subcontractors.
Consultant shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum
levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage(occurrence form CG 0001); (2)Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto);
and(3) Workers'Compensation and Employer's Liability: Workers' Compensation insurance as
required by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury,personal
injury and property damage. If Commercial General Liability Insurance or other form with
general aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit;
(2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3)
Workers'Compensation and Employer's Liability: Workers' Compensation limits as required by
the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident
for bodily injury or disease.
3.2.10.3 Professional Liabilitv. Consultant shall procure and
maintain, and require its sub-consultants to procure and maintain, for a period of five(5)years
following completion of the Project, errors and omissions liability insurance appropriate to their
profession. Such insurance shall be in an amount not less than$1,000,000 per claim, and shall
be endorsed to include contractual liability.
RVPUBWGW"364 4
3.2.10.4 Insurance Endorsements. The insurance policies shall
contain the following provisions, or Consultant shall provide endorsements on forms supplied or
approved by the Authority to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be
endorsed to state that: (1)the City,the Authority, its directors, officials, officers, employees,
agents and volunteers shall be covered as additional insured with respect to the Work or
operations performed by or on behalf of the Consultant, including materials,parts or equipment
fiunished in connection with such work; and(2)the insurance coverage shall be primary
insurance as respects the City, its directors,officials, officers, employees, agents and volunteers,
or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled
underlying coverage. Any insurance or self-insurance maintained by the City, its directors,
officials,officers, employees, agents and volunteers shall be excess of the Consultant's insurance
and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall
be endorsed to state that: (1)the City,the Authority, its directors,officials,officers, employees,
agents and volunteers shall be covered as additional insureds with respect to the ownership,
operation, maintenance,use, loading or unloading of any auto owned, leased,hired or borrowed
by the Consultant or for which the Consultant is responsible; and(2)the insurance coverage shall
be primary insurance as respects the City,its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's
scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's
insurance and shall not be called upon to contribute with it in any way.
(C) Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City,the Authority, its
directors, officials,officers, employees, agents and volunteers for losses paid under the terms of
the insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A)coverage shall not be suspended,voided,reduced
or canceled except after thirty(30) days prior written notice by certified mail, return receipt
requested,has been given to the Authority; and(B) any failure to comply with reporting or other
provisions of the policies,including breaches of warranties, shall not affect coverage provided to
the City,the Authority, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Sqparation of Insureds:No Special Limitations. All
insurance required by this Section shall contain standard separation of insureds provisions. In
addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, the Authority, its directors, officials, officers, employees, agents and
volunteers.
RVnMWGS1541364 5
3.2.10.6 Deductibles and Self-Insurance Retentions. Any
deductibles or self-insured retentions must be declared to and approved by the Authority.
Consultant shall guarantee that, at the option of the Authority, either: (1)the insurer shall reduce
or eliminate such deductibles or self-insured retentions as respects the City,the Authority, its
directors, officials, officers, employees, agents and volunteers; or(2)the Consultant shall procure
a bond guaranteeing payment of losses and related investigation costs, claims and administrative
and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in
California, and satisfactory to the Authority.
3.2.10.8 Verification of Coverage. Consultant shall furnish
Authority with original certificates of insurance and endorsements effecting coverage required by
this Agreement on fomes satisfactory to the Authority. The certificates and endorsements for
each insurance policy shall be signed by a person authorized by that insurer to bind coverage on
its behalf, and shall be on forms provided by the Authority if requested. All certificates and
endorsements must be received and approved by the Authority before work commences. The
Authority reserves the right to require complete,certified copies of all required insurance
policies, at any time.
3.2.11 Safe . Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services,the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include,but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,bridges, gang planks,
confined space procedures, trenching and shoring,equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and(C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation
shall not exceed [Forty Thousand Dollars and N0/100] ($40,000.00)without written approval
of Authority Designated Representative. Extra Work may be authorized, as described below, and
if authorized, will be compensated at the rates and manner set forth in this Agreement.
RVPUMGJS$44364 6
3.3.2 Payment of Compensation. Consultant shall submit to Authority a
monthly itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. Authority shall,within 45 days of receiving such statement,
review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by Authority.
3.3.4 Extra Work. At any time during the term of this Agreement,Authority
may request that Consultant perform Extra Work. As used herein, "Extra Work"means any
work which is determined by Authority to be necessary for the proper completion of the Project,
but which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform,nor be compensated for,Extra Work without written
authorization from Authority's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of Authority during
normal business hours to examine, audit, and make transcripts or copies of such records and any
other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents,proceedings, and activities related to the Agreement for a period of three
(3)years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. Authority may,by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven(7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those services which have been adequately rendered to
Authority, and Consultant shall be entitled to no further compensation. Consultant may not
terminate this Agreement except for cause.
3.5.1.2 Effect of Temminatioa If this Agreement is terminated as provided
herein,Authority may require Consultant to provide all finished or unfinished Documents and
Data and other information of any kind prepared by Consultant in connection with the
performance of Services under this Agreement. Consultant shall be required to provide such
document and other information within fifteen(15)days of the request.
RVPUBWGM544364 7
i
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, Authority may procure, upon such terms and in such manner
as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant:
Best Best&Krieger, LLP
3750 University Avenue
Post Office Box 1028
Riverside, CA 92502-1028
Attn: Kim A. Byrens
Authority:
City of Azusa Public Financing Authority
213 East Foothill Blvd.
Azusa, CA 91702-1295
Attn: Steve Kenoyer
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48)hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at
its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents&Data: Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for Authority to copy,use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in
plans, specifications, studies, drawings, estimates, and other documents or works of authorship
fixed in any tangible medium of expression, including but not limited to,physical drawings or
data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to
be prepared by Consultant under this Agreement("Documents &Data"). Consultant shall
require all subcontractors to agree in writing that Authority is granted a non-exclusive and
perpetual license for any Documents &Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents&Data. Consultant makes no such representation and warranty in regard to
Documents &Data which were prepared by design professionals other than Consultant or
RVFU6WW5"360 8
provided to Consultant by the Authority. Authority shall not be limited in any way in its use of
the Documents and Data at any time,provided that any such use not within the purposes intended
by this Agreement shall be at Authority's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data,written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not,without the prior written consent of Authority,be used by Consultant
for any purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services or the
Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally
known, or has become known,to the related industry shall be deemed confidential. Consultant
shall not use Authority's name or insignia,photographs of the Project, or any publicity pertaining
to the Services or the Project in any magazine,trade paper,newspaper,television or radio
production or other similar medium without the prior written consent of Authority.
3.5.4 Cooperation: Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attornev's Fees. If either party commences an action against the other
party, either legal, administrative or otherwise, arising out of or in connection with this
Agreement, the prevailing party in such litigation shall be entitled to have and recover from the
losing party reasonable attorney's fees and all other costs of such action.
3.5.6 Indemnification Consultant shall defend, indemnify and hold the
Authority, its officials, officers, employees, volunteers and agents free and harmless from any
and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law
or equity,to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers,
employees, agents, consultants and contractors arising out of or in connection with the
performance of the Services,the Project or this Agreement, including without limitation the
payment of all consequential damages and attorneys fees and other related costs and expenses.
Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid
suits, actions or other legal proceedings of every kind that may be brought or instituted against
City,the Authority, its directors, officials, officers, employees, agents or volunteers. Consultant
shall pay and satisfy any judgment, award or decree that may be rendered against City,Authority
or its directors,officials, officers, employees, agents or volunteers, in any such suit, action or
other legal proceeding. Consultant shall reimburse Authority and its directors,officials, officers,
employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Consultant's
obligation to indemnify shall not be restricted to insurance proceeds, if any,received by the
Authority, its directors, officials officers, employees, agents or volunteers.
RVPUBNGSi544364 9
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.10 AuthoritVs Ri ght to Employ Other Consultants. Authority reserves right
to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the Authority. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of such
attempted assignment,hypothecation or transfer.
3.5.13 Construction: References: Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement,the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
Authority include its elected officials, officers, employees, agents, and volunteers except as
otherwise specified in this Agreement. The captions of the various articles and paragraphs are
for convenience and ease of reference only, and do not define, limit, augment, or describe the
scope, content, or intent of this Agreement.
3.5.14 Amendment.Modification. No supplement,modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver,benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel,or otherwise.
3.5.16 No Third Party Beneficiaries. There are no intended third party
RV"\NGS1544364 10
beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity: Severability. If any portion of this Agreement is declared
invalid,illegal,or otherwise unenforceable by a court of competent jurisdiction,the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person,other than a bona fide employee working solely
for Consultant,to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission,percentage,brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, Authority shall have the right to rescind this Agreement without
liability. For the term of this Agreement, no member, officer or employee of Authority, during
the term of his or her service with Authority, shall have any direct interest in this Agreement, or
obtain any present or anticipated material benefit arising therefrom.
3.5.19 FEgual Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race,religion,color, national origin, handicap,ancestry, sex
or age. Such non-discrimination shall include,but not be limited to, all activities related to
initial employment,upgrading, demotion, transfer,recruitment or recruitment advertising, layoff
or termination. Consultant shall also comply with all relevant provisions of City's Minority
Business Enterprise program,Affirmative Action Plan or other related programs or guidelines
currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self-insurance
in accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5.21 Authority to Enter Atueement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power,right, and
authority to make this Agreement and bind each respective Party.
3.5.22 Counteroarts. This Agreement may be signed in counterparts,each of
which shall constitute an original.
ttvruswcs5a364 11
3.6 Subcontracting.
3.6.1 Prior Approval R uired. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein,without prior written
approval of Authority. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
CITY OF AZUSA BEST BEST & EMEGER
PUBLIC FINANCING AUTHORITY
By: By:
Rick Cole
Executive Director
Attest.-
City Clerk
Approved as to Form:
Best Best&Krieger LLP
City Attorney
RVPU13WGW44364 12
EXHIBIT"All
SCOPE OF SERVICES AND COMPENSATION
RVPUBWGSK44364 A-1
BEST BEST & KRIEGER LLP
a ealifomia limited liability partnership including professional corporations
3750 UNIVERSITY AVENUE
POST OFFICE BOX 1028 RIVERSIDE
CALIFORNIA 92502-1028
(909)686-1450
(909)686-3083 fax
BBKLAW.COM
Kim& Byrens
kabyrens@bbklaw.com
October 10,2003
Via Email:MWilliams@cmdecrinis.com
Michael Williams
C.M.deCrinis&Co. Inc.1911 South Commerce Center East,Suite 307
San Bernardino, CA 92408
Re: Bond Counsel and Disclosure Counsel Services for the City of Azusa and
Redevelopment Authority of the City of Azusa
Dear Mike:
We are delighted to submit this proposal to you for bond counsel and disclosure
counsel services for the City of Azusa and the Redevelopment Authority of the City of Azusa.We
are able to meet the timing needs of the City and Authority for the successful completion of the
financings.Our fees for such services will be as follows:
1. Not to exceed$12,000,000 Redevelopment Authority of the City of Azusa Tax Allocation
Refunding Bonds—
Bond Counsel: $25,000.00
Disclosure Counsel: $15,000.00
2. Not to exceed$5,000,000 City of Azusa Refunding Certificates of Participation-
Bond Counsel: $20,000.00
Disclosure Counsel: $15,000.00
These fees are payable upon the successful delivery of the securities. We will
expect reimbursement for out-of-pocket expenses, such expenses will not exceed$5,000.00,unless
otherwise agreed by the City or Authority,as applicable. Please call me at your convenience should you
need further information.
Sincerely,
Kim A.Byrens
of BEST BEST&KRIEGER LLP
RVPUBTUB)661014
RMENGS54436/ A-2