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HomeMy WebLinkAboutAgenda Packet - July 16, 2007 - CC Y pF' AGENDA CITY COUNCIL, AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM MONDAY, JULY 16, 2007 213 EAST FOOTHILL BOULEVARD 6:30 P.M. AZUSA CITY COUNCIL IOSEPH R. ROCHA MAYOR KEITH HANKS ANGEL CARRILLO MAYOR PRO-TEM COUNCILMEMBER URIEL E. MACIAS ROBERT GONZALES COUNCILMEMBER COUNCILMEMBER NOTICE TO THE PUBLIC Copies ofstaffreports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection at the City Library. Persons who wish to speak during the Public Participation portion of the Agenda, shall rill out a card requesting to speak and shall submit it to the City Clerk prior to the start of the City Council meeting. When called, each person may address any item on or off the agenda during the public participation. CEREMONIAL Presentation of Certificates of Welcome to members of the Sister City Youth Exchange. CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec. 54957.6) Agency Negotiators: City Manager Delach and Assistant City Manager Person Organizations/Employee: APOA PUBLIC EMPLOYEE EVALUATION (Gov. Code Sec. 54957). Position: Library Director PUBLIC EMPLOYEE APPOINTMENT (Gov. Code Sec. 54957). Interim Human Resources Director-Personnel Officer Services PUBLIC COMMENT ON CLOSED SSSS/ON ITEMS Any person wishing to comment on any of the Closed Session items listed above may do so now. 7:30 P.M.- REGULAR MEETING OF THE CITY COUNCIL. Call to Order ! Pledge to the Flag Invocation - President Richard A. Walker of The Church of Jesus Christ of Latter-Day Saints A. PUBLIC PARTICIPATION (Person/Group shall be allowed to speak without interruption up to five (5) minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speakers questions or comments shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty(60) minutes time.) B. REPORTS UPDATES, AND ANNOUNCEMENTS 1. Mayor Rocha: a. Request for Proclamation to the Christian Faith Center of the Valley Church in honor of its 6'h Anniversary. b. Consideration of formal action regarding the televising of Planning Commission meetings. c. Ms. Margaret Barcelo and Adrianne Picazo of the San Gabriel/Pomona Regional Center to provide a presentation regarding their services to the City of Azusa. d. Request for certificate for Ms. Linda Gutierrez, Counselor of AVSD Adult School, who is retiring. The certificate will be presented at her retirement dinner on July 20. 2. Update on the Downtown North Advisory Committee Recommendations. 3. Director of Recreation and Family Services Jacobs to introduce Mr. Eduardo Vasquez, Park Maintenance Worker 1, new employee. 07/16/07 PAGE TWO C. SCHEDULED ITEM 1. PUBLIC HEARING - RESOLUTIONS ADOPTING 2007/08 FISCAL YEAR SCHEDULE OF FEES AND CHARGES. RECOMMENDED ACTION: Open the Public Hearing; receive testimony, close the Public Hearing. Formally ratify adoption of the City's Schedule of Fees and Charges by adopting Resolution No. 07-C62, establishing a User Fee Schedule for Various Municipal Activities and Resolution No. 07-C63, establishing certain Development Project Fees and Service Charges. 2. PUBLIC HEARING -VACATION OF ALLEY LOCATED ON BLOCK 36 - NORTHERN PORTION OF ALLEY BETWEEN FOOTHILL BLVD AND 6TH STREET. RECOMMENDED ACTION: Open the Public Hearing; receive testimony, close the Public Hearing. Waive further reading and adopt Resolution No. 07-C64, as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ORDERING THE CONDITIONAL VACATION AND ABANDONMENT OF A PORTION OF THE ALLEY WEST OF ALAMEDA AVENUE BETWEEN FOOTHILL BOULEVARD AND 6TH STREET IN THE CITY OF AZUSA. 3. ADOPTION OF FISCAL YEAR 2007-08 CAPITAL IMPROVEMENT PROGRAM AND BUDGET. RECOMMENDED ACTION: Adopt the proposed Capital Improvement Program (CIP) and budget for fiscal year 2007-08. 4. AN ORDINANCE OF THE CITY COUNCIL RESTRICTING IMITATION FIREARMS (TOY OR REPLICA GUNS). RECOMMENDED ACTION: Waive further reading and introduce the proposed Ordinance as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 46, ARTICLE X OF THE AZUSA MUNICIPAL CODE REGARDING RESTRICTIONS FOR IMITATION FIREARMS (TOY OR REPLICA GUNS) D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. if Councilmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JULY 2. 2007 AND THE SPECIAL MEETINGS OF MAY 10TH, MAY 29TH. IUNE 11TH, AND JUNE 25TH, 2007. RECOMMENDED ACTION: Approve Minutes as written. 07/16/07 PAGE THREE 2. HUMAN RESOURCES ACTION ITEMS. RECOMMENDED ACTION: Approve Personnel Action Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). 3. BUDGET AMENDMENT—TO AUTHORIZE SPENDING OF CANYON CITY FOUNDATION GRANT FUNDS UNUSED IN FY 2006/07. RECOMMENDED ACTION: Amend the Library Department's budget by $4,493. This amount represents the remaining balance in unused and committed grant funds awarded from the Canyon City Foundation. 4. RESOLUTION FINDING THAT THE FORMATION OF A PROIECT AREA COMMITTEE FOR THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROIECT AREAS ("PROJECT AREA") IS NOT NECESSARY. RECOMMENDED ACTION: Adopt Resolution No. 07-C65, finding and determining that the formation of a Project Area Committee for the proposed amendment to the Redevelopment Plan for the Project Area is not necessary pursuant to California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"). 5. AUTHORIZATION TO AWARD CONTRACT — LEGISLATIVE LIAISON/LOBBYIST. RECOMMENDED ACTION: Award a one (1)Year contract to EnviroCommunications, Inc. for a monthly retainer amount of $2,000, to provide legislative liaison/lobbying services 6. MATRIX SOFTWARE MAINTENANCE AND SUPPORT CONTRACT. RECOMMENDED ACTION: 1 . It is recommended that the City Council waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer software maintenance services and 2-523 section C, no competitive market, and approve the software maintenance and support contract from Matrix Imaging for 7/1/07-6/30/08, in the amount of $16,834.00. 7. MOBILE COMPUTER DISPLAY COMPUTER SOFTWARE SERVER MAINTENANCE CONTRACT. RECOMMENDED ACTION: 1. It is recommended that the City Council waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer software maintenance services and 2-523 section C, no competitive market, and approve the software maintenance and support agreement from Motorola Inc, in the amount of $20,716.00 8. A RESOLUTION OF THE CITY COUNCIL TO VACATE A DRAINAGE EASEMENT,AND RECORD A NEW DRAINAGE EASEMENT ACROSS PROPERTY LOCATED AT 705 W. 9T" STREET. RECOMMENDED ACTION: Adopt Resolution No. 07-C66, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS INTENTION TO VACATE DRAINAGE EASEMENTAND RECORD NEW DRAINAGE EASEMENTACROSS PROPERTY LOCATEDAT 705 W. 9T" STREET IN THE CITY OF AZUSA" 9. AUTHORIZATION TO SOLICIT REQUEST FOR PROPOSAL — SUPPLEMENTAL GARAGE SERVICES. RECOMMENDED ACTION: Authorize staff to solicit "Request for Proposal" for supplemental garage services. 07/16/07 PAGE FOUR 10. IOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AND THE CITY OF AZUSA APPROVING A DECLARATION OF FOOTHILL BOULEVARD UNDER ATCHISON, TOPEKA, AND SANTA FE RAILROAD BRIDGE TO BE PART OF THE COUNTY SYSTEM OF HIGHWAYS. RECOMMENDED ACTION: Adopt Resolution No. 07-C67, approving a declaration of Foothill Boulevard under Atchison, Topeka and Santa Fe Railroad Bridge to be part of the County System of Highways. 11. RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A PUBLIC AGENCY RETIREMENT SYSTEM (PARS) SUPPLEMENTAL RETIREMENT PLAN FOR SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) AND AZUSA MIDDLE MANAGEMENT ASSOCIATION (AMMA) COVERED POSITIONS TO BE ADMINISTERED BY PHASE 11 SYSTEMS PARS TRUST ADMINISTRATOR. RECOMMENDED ACTION: Approve Resolution No. 07-C68, authorizing the establishment of a Public Agency Retirement System (PARS) Supplemental Retirement Plan to be administered by Phase 11 Systems, PARS Trust Administrator for all SEIU and AMMA covered positions. 12. PROFESSIONAL SERVICES AGREEMENT FOR INTERIM HUMAN RESOURCES DIRECTOR- PERSONNEL OFFICER SERVICES. RECOMMENDED_ACTION: Approve the agreement for Interim Human Resources Director -Personnel Officer Services for the City of Azusa. 13. WARRANTS. Resolution authorizing payment of warrants by the City. RECOMMENDED ACTION: Adopt Resolution No. 07-C69. RECONVENE AS THE REDEVELOPMENT AGENCY E. AGENCY SCHEDULED ITEMS 1. SELECTION OF DEVELOPER FOR PROPOSED COSTCO EAST DEVELOPMENT SITE AND AUTHORIZATION TO ALLOW EXECUTIVE DIRECTOR TO NEGOTIATE AN EXCLUSIVE NEGOTIATION AGREEMENT (ENA) FOR THE SELECTED FIRM. RECOMMENDED ACTION: Select Regency Centers, ("Regency") for the development of the Costco East Redevelopment Project, and authorize the Executive Director to negotiate the terms of an Exclusive Negotiation Agreement. F. AGENCY CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. if Boardmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF IULY 2, 2007 AND THE SPECIAL MEETING OF MAY 29TH AND JUNE 25TH, 2007. RECOMMENDED ACTION: Approve Minutes as written. 07/16/07 PAGE FIVE 2. PROFESSIONAL SERVICE CONTRACTS QUARTERLY REPORT FOR PERIOD APRIL 1, 2007 THROUGH IUNE 30, 2007. RECOMMENDED ACTION: Receive and file the report. 3. HOUSING REHABILITATION PROGRAM MANAGEMENT CONSULTING SERVICES FOR FISCAL YEAR 2007/08. RECOMMENDED ACTION: Approve FRJ &Associates aka Francisco R.Joseph 8. Associates ("FRJ") to provide housing rehabilitation program management consulting services in conjunction with the City's Community Development Block Grant (CDBG) Housing Rehabilitation program, and authorize the Executive Director to execute the City's standard professional services agreement in the amount of $56,000. 4. REDEVELOPMENT CONSULTING SERVICES FOR FISCAL YEAR 2007/08. RECOMMENDED . ACTION: Approve Tierra West Advisors ("Tierra West") to provide real estate advisory and as- needed redevelopment consulting services in conjunction with the Agency's FY 2007/08 economic development program, extend their contract through FY 2007/08, and authorize the Executive Director to execute the City's standard professional services agreement in the amount of $350,000. 5. WARRANTS. Resolution authorizing payment of warrants by the Agency. RECOMMENDED ACTION: Adopt Resolution No. 07-R25. G. ADIOURNMENT 1. Adjourn. I UPCOMING MEETINGS: July 23, 2007, Utility Board Meeting- 6:30 p.m. (LB.W) July 30, 2007, Special Meeting- 6:00 p.m. (EOC Police Department) rte, August-2 3, , City Hall on the Move -'5:30 p.m. (Memorial Park)— August 6, 2007, City Council Meeting- 6:30 p.m. (Auditorium) September 4, 2007, City Council Meeting- 6:30 p.m. (Auditorium) September 17, 2007, City Council Meeting- 6:30 p.m. (Auditorium) September 24, 2007, Utility Board Meeting- 6:30 p.m. (Mountain View School) in compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting please contact the City Clerk at 616-811-5129. Notification three (3) workingdays prior to the meeting when specialservices are needed willassiststaffin assuring that reasonable arrangements can be made to provide access to the meeting 07/16/07 PAGE SIX OF q. @'g1lFORA I; 1111g; ADDENDUM TO THE MEETING OF JULY 169 2007 CLOSED SESSION CONFERENCE WITH.LABOR NEGOTIATOR Gov. Code Sec. 54957.6 Title: EXECUTIVE MANAGEMENT s � �y.OF=q2G . V s TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/ CFO,/=� VIA: F. M. DELACH, CITY MANAGER/111111 kt/J DATE: JULY 16, 2007 SUBJECT: RESOLUTION ADOPTING 2007/08 FISCAL YEAR SCHEDULE OF FEES AND CHARGES' RECOMMENDATION It is recommended that the City Council formally ratify adoption of the City's Schedule of Fees and Charges by approving the attached Resolution. BACKGROUND Each year the City Council is requested to consider and approve updates and revisions of the City's fees charges for costs "reasonably borne". The fee schedule has been circulated for departmental review as part of the annual budget process. The attached resolution enacts the "User Fee Schedule for Various Municipal Activities and Services". FISCAL IMPACT. Where applicable the Fees &Charges Schedule reflects the increase in the consumer price index from April 2006 to April 2007 for the Los Angeles Metro Area as reported by the Federal Bureau of Labor Statistics. Attachments: 1. Resolution of Adoption; User Fee Schedule for Various Municipal Activities and Services. 2. Resolution of Adoption; Establishing Certain Developm nt Project Fees and Service Charges vp C:\Robert 7252006\rpers0n\Desktop\CIN COUNCIL\200NULY 16, 2007\Fee Schedule.doc I I i City of Azusa Schedule of Fees and Charges (Fund 101-Developer Only) 2007-2008 Exhibit-1 Department/Description ECONOMIC &COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT BUILDING AND SAFETY ApprovedProposed Area 2006-2007; 2007-2008 Item Cost Per Cost Per S.F.Avg. S.F.Avg. S-1 BUILDING VALUATION APARTMENT HOUSES: Type I or II F.R. $98.06 $101.52 (Good) $115.38 1 Type V- Masonry (or Type III) $80.07 $82.86 . (Good) $93.72 Type V-Wood Frame $70.56 $73.02 (Good) $86.64 Type I - Basement Garage $41.36 $42.80 AUDITORIUMS: Type I or 11 F.R. $115.90 $119.94 Type ll - 1 hour $83.94 $86.87 Type II - N $79.40 $82.18 Type III - 1 hour $88.25 $91.33 Type III - N $83.72 $86.64 Type V- 1 hour $84.38 $87.33 Type V- N $78.74 $81.49 BANKS: Type I or II F.R. $163.79 $169.50 Type 11 - 1 hour $120.66 $124.86 Type 11 - N $116.78 $120.86 Type III - 1 hour $133.15 $137.80 Type III - N $128.40 $132.88 Type V- 1 hour $120.66 $124.86 Type V- N $115.57 $119.60 BOWLING ALLEYS: Type II - 1 hour $56.40 $58.37 Type II - N $52.64 $54.48 Type III - 1 hour $61.38 $63.52 Type III -N $57.40 $59.40 Type V- 1 hour $41.36 $42.80 CHURCHES: Type I or II F.R. $109.71 $113.53 Type II - 1 hour $82.3.9 $85.27 Type II - N $78.30 $81.03 Type III - 1 hour $89.58 $92.70 Type III - N $85.60 $88.58 Type V- 1 hour $83.72 $86.64 Type V- N $78.74 $81.49 CONVALESCENT HOSPITALS: Type I or II F.R. $153.94 $159.31 Type II - 1 hour $106.83 $110.56 Type III - 1 hour $109.49 $113.31 Type V- 1 hour $103.18 $106.76 Page 1 of 37 - City of Azusa Schedule of Fees and Charges (Fund 101-Developer Only) 2007-2008 Exhibit-1 Department/Description ECONOMIC & COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2006-2007 2007-2008 Item Cost Per Cost Per DWELLINGS: S.F. Avg. S.F. Avg. Type V- Masonry $83.72 $86.64 (Good) $102.38 Type V-Wood Frame $74.43 $77.02 (Good) $97.63 Basements- Semi-Finished $22.23 $23.00 (Good) $24.51 Unfinished $16.15 $16.71 (Good) $18.70 . FIRE STATION: Type I or II F.R. $126.52 $130.93 Type II - 1 hour $83.28 $86.18 Type II - N $78.52 $81.26 Type III - 1 hour $91.13 $94.31 Type III - N $87.26 $90.30 Type V- 1 hour $85.49 $88.47 Type V- N $81.06 $83.89 HOMES FOR THE ELDERLY: Type I or II F.R. $114.68 $118.68 Type II - 1 hour $93.12 $96.37 Type II - N $89.14 $92.25 Type III - 1 hour $96.99 $100.37 Type III - N $93.01 $96.25 Type V- 1 hour $93.67 $96.94 Type V- N $90.46 $93.62 HOSPITALS: Type I or II F.R. $180.49 $186.78 Type III - 1 hour $149.41 $154.62 Type V- 1 hour $142.55 $147.53 HOTELS AND MOTELS: Type I or II F.R. $111.70 $115.59 Type III - 1 hour $96.77 $100.14 Type III - N $92.23 $95.45 Type V- 1 hour $84.27 $87.21 Type V- N $82.61 $85.49 INDUSTRIAL PLANTS: Type I or II F.R. $62.93 $65.12 Type II - 1 hour $43.79 $45.32 Type II - N $40.26 $41.66 Type III - 1 hour $48.22 $49.90 Type III - N $45.45 $47.04 Tilt-up $33.18 $34.33 Type V- 1 hour $45.45 $47.04 Type V- N $41.58 $43.03 Page 2 of 37 City of Azusa Schedule of Fees and Charges (Fund 101-Developer Only) 2007-2008 Exhibit- 1 Department/Description ECONOMIC &COMMUNITY DEVELOPMENTICOMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2006-2007• 2007-2008 Item Cost Per Cost Per S.F.Avg. S.F.Avg. JAILS: Type I or II F.R. $175.95 $182.09 Type III - 1 hour $160.91. $166.52 Type V- 1 hour $120.66 $124.86 LIBRARIES: Type I or II F.R. $128.73 $133.22 Type II - 1 hour $94.22 $97.51 Type II - N $89.58 $92.70 Type III - 1 hour $99.53 $103.00 Type III - N $94.56 $97.85 Type V- 1 hour $93.45 $96.71 Type V- N $89.58 $92.70 MEDICAL OFFICES: I Type I or II F.R. $132.16 $136.77 Type II - 1 hour $101.97 $105.52 Type II - N $96.88 $100.26 Type III - 1 hour $110.59 $114.45 Type III - N $102.96 $106.55 Type V- 1 hour $99.75 $103.23 Type V- N $96.21 $99.57 OFFICES Type I or II F.R. $118.11 $122.23 Type II - 1 hour $79.07 $81.83 Type 11 - N $75.31 $77.94 Type III - 1 hour $85.38 $88.36 Type III - N $81.62 $84.46 Type V- 1 hour $79.96 $82.75 Type V- N $75.31 $77.94 PRIVATE GARAGES: Wood Frame $26.87 $27.81 Masonry $30.30 $31.36 Open Carports $18.36 $19.00 PUBLIC BUILDINGS: Type ] or 11 F.R. $136.47 $141.23 Type II - 1 hour $110.59 $114.45 Type 11 - N $105.73 $109.41 Type III - 1 hour $114.79 $118.80 Type III - N $110.81 $114.68 Type V- 1 hour $105.06 $108.73 Type V- N $101.30 $104.84 Page 3 of 37 City of Azusa Schedule of Fees and Charges (Fund 101-Developer Only) 2007-2008 Exhibit -1 Department/Description ECONOMIC & COMMUNITY DEVELOPMENTICOMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2006-2007 2007-2008 Item Cost Per Cost Per PUBLIC GARAGES:_ S.F.Avg. S.F. Avg. Type I or II F.R. $54.08 $55.97 Type I or II Open Parking $40.59 $42.00 Type 11 - N $30.97 $32.05 Type III - 1 hour $40.92 $42.35 Type III - N $36.38 $37.65 Type V- 1 hour $37.27 $38.57 RESTAURANTS Type III - 1 hour $107.72 $111.47 Type III - N $104.07 $107.70 Type V- 1 hour $98.65 $102.09 Type V- N $94.78 $98.08 SCHOOLS: Type I or II F.R. $122.98 $127.27 Type II - 1 hour $83.94 $86.87 Type III - 1 hour $89.80 $92.93 Type III - N $86.37 $89.39 Type V- 1 hour $84.16 $87.10 Type V- N $80.29 $83.09 SERVICE STATIONS: Type II - N $74.32 $76.91 Type III - 1 hour $77.52 $80.23 Type V- 1 hour $66.02 $68.33 Canopies $30.97 $32.05 STORES: Type I or II F.R. $91.13 $94.31 Type II - 1 hour $55.74 $57.68 Type II - N $54.52 $56.42 Type III - 1 hour $67.79 $70.16 Type III - N $63.59 $65.81 Type V- 1 hour $57.07 $59.06 Type V- N $52.75 $54.59 THEATERS: Type I or II F.R. $121.43 $125.67 Type III - 1 hour $88.47 $91.56 Type III - N $84.27 $87.21 Type V- 1 hour $83.28 $86.18 Type V- N $78.74 $81.49 WAREHOUSES Type I or II F.R. $54.63 $56.54 Type I or V- 1 hour $32.40 $33.53 Type I or V- N $30.41 $31.47 Type III - 1 hour $36.72 $38.00 Type III - N $34.95 $36.17 Page 4 of 37 City of Azusa Schedule of Fees and Charges (Fund 101-Developer Only) 2007-2008 Exhibit- 1 Department/Description ECONOMIC & COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2006-2007 2007-2008 Item Cost Per Cost Per S.F.Avg. S.F.Avg. EQUIPMENT: AIR CONDITIONING Commercial $4.64 $4.81 Residential $3.87 $4.01 SPRINKLER SYSTEMS $2.88 $2.98 OTHER VALUATIONS REROOF Asphalt and Comp-per square foot of material $177.94 $184.15 Built-up-per square foot of material $188.41 $194.98 Light-weight tile- per square foot of material $486.72 $503.70 Concrete Tile or Slate Tile -per square foot of material $586.15 $606.60 Metal Shingles - per square foot of material $370.53 $383.46 Wood Shake -per square foot of material $225.04 $232.89 Wood Shingle -per square foot of material $216.67 $224.23 Rolled Roofing -minimum 300 sq.ft. allowed on patio covers only $1,046.70 $1,083.22 Tear off and re-sheath -per square foot of material $104.67 $108.32 TENANTIMPROVEMENTS General Commercial $27.21 $28.16 Restaurants $31.40 $32.50 Medical Offices $32.45 $33.58 RETAINING WALLS-Concrete Block 6" $6.28 $8.40* 81, $8.37 $9.30* 12" $10.47 $11.40* *Los Angeles County Building Department Valuation (2002) MASONRY FIREPLACE-Minimum Valuation $3,318.04 $3,433.81 FOUNDATION PERMITS -based on 1/3 the overall valuation of the bldg These figures shall be used when the applicant does not have a valuation, or if the valuation given is obviously low. FACTORY BUILT FIREPLACE-Minimum Valuation $1,106.36 $1,144.96 i Page 5 of 37 City of Azusa Schedule of Fees and Charges (Fund 101-Developer Only) 2007-2008 Exhibit- 1 Department/Description ECONOMIC &COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2006-2007 2007-2008 Item Cost Per Cost Per SIGNS S.F. Avg. S.F. Avg. 1 SIDE Painted $42.91 $44.41 Electrical $82.69 $85.57 2 SIDES Painted $50.24 $51.99 Electrical $104.67 $108.32 POLE/Lineal Foot plus square foot of sign: 3" 0 $35.59 $36.83 4" 0 $50.24 $51.99 6" 0 $64.90 $67.16 8 0 $80.60 $83.41 10" 0 $95.25 $98.57 12" 0 $108.86 $112.65 SWIMMING POOLS Valuation based on actual construction cost. Permit fees same as Building Permits. Minimum Valuation: $13,816.44 $14,298.50 SPAS Minimum Valuation Prefabricated $2,763.29 $2,859.70 Gunite $5,547.51 $5,741.06 SURCHARGE FEES Optical Records System - Per Permit $11.51 . $12 General Plan Maintenance- 10% permit surcharge to recover 50% of costs Variable Variable Permit Automation Fee $21.98 $23 S-2 BUILDING PERMIT FEES Permit Issuance $69.08 $71 Page 6 of 37 I City of Azusa Schedule of Fees and Charges (Fund 101-Developer Only) 2007-2008 Exhibit-1 Department/Description ECONOMIC & COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2006-2007 2007-2008 Item Cost Per Cost Per S.F.Avg.. S.F. Avg. TOTAL VALUATION $1.00 to$500.00 $25.99 $26.90 $ 501.00 to $2,000.00 $25.99 $26.90 For the 1 st$500.00 plus $3.22 for ea. additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $76.58 $79.26 For the 1st$2,000.00 plus $14.79 for ea. additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $432.69 $447.79 For the 1st$25,000.00 plus$10.67 for ea. additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $711.93 $736.77 For the 1st$50,000.00 plus $7.40 for ea. additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $ 500,000.00 $1,099.00 $1,137.35 For the 1st$100,000.00 plus $5.92 for ea. additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,576.25 $3,701.02 For the 1st$500,000.00 plus $5.02 for ea. additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $6,202.79 $6,419.21 For the 1st $1,000,000.00 plus $3.33 for ea. additional $1,000.00, or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours (per hour) $51.98 $53.79 (minimum charge -two hours) 2. Reinspection fees accessed under provisions of Section 305.8 (per hour) $51.98 $53.79 3. Inspections for which no fee is specifically indicated (per hour) $51.98 $53.79 (minimum charge - one-half hour) 4. Additional plan review required by changes, additions or revisions to plans $51.98 $53.79 (per hour) (minimum charge -one-half hour) 5. For use of outside consultants for plan checking and inspections, or both Actual costS2 Actual costs2 Or the total hourly cost to the jurisdiction,whichever is the greatest. This cost shall include supervision,overhead,equipment,hourly wages and fringe benefits of the employee involved. 2 Actual costs include administrative and overhead costs. Page 7 of 37 City of Azusa Schedule of Fees and Charges (Fund 101-Developer Only) 2007-2008 Exhibit- 1 Department/Description ECONOMIC &COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2006-2007 2007-2008 Item Cost Per Cost Per S-3 ELECTRICAL PERMIT FEES S.F. Avg. S.F. Avg. Unit Fee Schedule(note: does not include Permit Issuance Fee) Receptacle, Switch and Lighting, or other. For receptacle, switch lighting, smoke detectors, or other outlets, at which current is used or controlled except services, feeders and meter: First 20, each $1.25 $1.29 Additional outlets, each $0.83 $0.86 (NOTE: For multi-outlet assemblies, each 5 R.or fraction maybe considered as J outlet.) LIGHTING FIXTURES For lighting fixtures, sockets, or other lamp holding devices: First 20, each $1.25 $1.29 Additional fixtures, each $0.83 $0.86 For pole or platform mounted lighting fixtures, each $1,25 $1.29 For theatrical-type lighting fixtures or assemblies each $1.25 $1.29 RESIDENTIAL APPLIANCES For fixed residential appliances or receptacle outlets for same, including wall- mounts electric ovens, counter-mounted cooking tops, electric ranges, self- contained room, console, or through-wall air conditioners, space heaters, food waste grinders, dishwasher $5.81 $6.01 (NOTE:For other types of air conditioners and other motor-driven appliances having larger electrical ratings,see Power Apparatus) TEMPORARY POWER SERVICE For a temporary service power pole or pedestal, including all pole or pedestal mounted receptacle outlets and appurtenances, each $24.88 $25.75 For a temporary distribution system and temporary lighting and receptacle outlets for construction sites, decorative lighting, Christmas tree sales lots, firework stands, sales booths, additional pole, etc., each $11.61 $12.01 NON-RESIDENTIAL APPLIANCES For residential appliances and self-contained, factory-wired, non-residential appliances not exceeding one (1) horsepower(HP), kilowatt(KW), or kilovolt- ampere (KVA) in rating, including medical and dental devices, food, beverage, and ice cream cabinets $6.64 $6.87 Page 8 of 37 City of Azusa Schedule of Fees and Charges (Fund 101-Developer Only) 2007-2008 Exhibit-1 Department/Description ECONOMIC & COMMUNITY_DEVELOPMENT/COMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved) Proposed Area 2006-2007 2007-2008 Item Cost Per Cost Per S.F. Avg. S.F.Avg. POWER APPARATUS For motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus, as follows: Rating in horsepower (HP), kilowatts (KW), kilovolt-amperes (KVA), or kilovolt- amperes-reactive (KVAR) Up to and including 1, each $6.64 $6.87 Over 1 and not over 10, each $11.61 $12.01 Over 10 and not over 50, each $29.86 $30.90 Over 50 and not over 100, each $59.71 $61.80 Over 100, each $99.53 $103.00 NOTE: 1.For equipment or appliances having more than one motor,transformer,heater,etc., the sum of the combined rating may be used. NOTE:2. These fees include all switches,circuit breakers,contractors,thermostats,relays and other directly related control equipment. BUSWAYS For trolley and plug-in type busways, each 100 feet or fraction thereof $16.59 $17.17 (NOTE:An additional fee will be required for lighting fixtures,motors and other appliances that are connected to trolley and plug-in type busways.) SIGNS, OUTLINE LIGHTING,AND MARQUEES For signs, outline lighting systems, or marquees supplied from one branch circuit, each $24.88 $25.75 For additional branch circuits within the same sign outline lighting system, or marquee, each $8.29 $8.58 SERVICES, SWITCHBOARDS, SWITCHBOARD SECTIONS, MOTOR CONTROL CENTERS AND PANELBOARDS For services, switchboards, switchboard sections, motor control centers and panelboards of 600 volts or less & not over 200 amperes in rating, ea. $24.88 $25.75 For services, switchboards, switchboard sections, motor control centers and panelboards of 600 volts or less and not over 200 amperes 1,000 amperes in rating, each $49.77 $51.51 For services, switchboards, switchboard sections, motor control centers and panelboards over 600 volts or over 1,000 amperes in rating, each $116.12 $120.17 MISCELLANEOUS APPARATUS, CONDUITS AND CONDUCTORS For electrical apparatus, conduits and conductors for which a permit is required but for which no fee is herein set forth $24.88 $25.75 (NOTE:This fee is not applicable when a fee is paid for one or more services,outlets, fixtures, appliances,power apparatus,busways,signs or other equipment. i Page 9 of 37 City of Azusa Schedule of Fees and Charges (Fund 101-Developer Only) 2007-2008 Exhibit- 1 Department/Description ECONOMIC& COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2006-2007 2007-2008 Item Cost Per Cost Per PRIVATE SWIMMING POOLS S.F. Avg. S.F.Avg. For new private, residential, inground swimming pools for single, or multi- family occupancies, including a complete system of.necessary branch circuit wiring, bonding, grounding underwater lighting, water pumping and other similar electrical equipment $49.77 $51.51 For other types of swimming pools, therapeutic whirlpools, spas, hot tubs and alterations to existing swimming pools, each $33.18 $34.34 CARNIVALS AND CIRCUSES Carnivals, circuses and other traveling shows or exhibitions utilizing transportable-type rides, booths, displays and attractions. For electrical generators and electrical driven rides, each $24.88 $25.75 For mechanically driven rides and walk-through attractions or displays having electric lighting, each $9.95 $10.30 For a system of area and booth lighting, each $9.95 $10.30 For permanently installed rides, booths, displays, and attractions $9.95 $10.30 OTHER INSPECTIONS For inspection of electrical equipment for which no fee is herein set forth, the fee shall be determined by the Building Official . S 4 PLUMBING FEES Each plumbing fixture or trap or set of fixtures on one trap (including drainage, vent, water piping and backflow prevention devices therefore) $9.95 $10.30 Each permanent type dishwasher whether individually trapped or not $9.95 $10.30 Each industrial waste pretreatment interceptor including it's trap &vent, except kitchen type grease interceptors functioning as fixtures traps $9.95 $10.30 Each swimming pool drainage trap & receptor whether connected to a building drain or building sewer (water supply for pool not included) $9.95 $10.30 Each gas piping system of 1 to 5 outlets or alteration or retest of existing gas piping system $9.95 $10.30 Each additional outlet over five $249 $2.58 Each gas pressure regulator other than appliance regulators $3.32 $3.43 Each water heater and/or vent $9.95 $10.30 Each solar potable water heating system, including water heater/vent $33.18 $34.34 For repair or alteration of drainage and/or vent piping $9.95 $10.30 Each piece of water-treating equipment and/or water piping installed without accompanying plumbing $9.95 $10.30 Lawn sprinkler systems on 1 meter including backflow prevention devices $9.95 $10.30 Backflow prevention devices on unprotected water supplied, pools, tanks, vats, etc. (including incidental water piping) 1 to 5 $9.95 $10.30 Any swimming pool piping associated wit the construction, remodeling or repair of a swimming pool, spa and hot tub $27.64 $28.61 Each additional device over five (5) $2.49 $2.58 Each building drain installed without accompanying plumbing $9.95 $10.30 Page 10 of 37 City of Azusa Schedule of Fees and Charges (Fund 101-Developer Only) 2007-2008 Exhibit- 1 Department/Description ECONOMIC &COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2006-2007 2007-2008 Item Cost Per Cost Per S.F. Avg. . S.F.Avg. For connection of a house sewer to a public sewer or the extension of a house lateral onto a lot for future use $28.20 $29.18 For each house sewer manhole $28.20 $29.18 Each installation of a section of house sewer for future use $18.24 $18.88 For the connection of each additional bldg. or work to house sewer $18.24 $18.88 For the connection of a house sewer to a private sewage disposal system $18.24 $18.88 For each private sewage disposal system (septic tank&seepage pit or pits and/or drainfield) $58.06 $60.09 For each cesspool, overflow seepage pit, percolation test pit, swimming pool drywell, or drainfield extension or replacement $28.20 $29.18 For disconnection, abandonment, alteration or repair of any house sewer or private sewage disposal system or part thereof $18.24 $18.88 S�5 MECHANICAL PERMIT FEES Installation, alteration or relocation of each refrigeration compressor or absorption unit, &each fuel burning furnace, heater, boiler, and vented decorative appliance including vents attached thereto: Up to & including 100,000 BTU $16.59 $17.17 More than 100,000 BTU to& including 1,000,000 BTU $33.18 $34.34 More than 1,000,000 BTU $82.94 $85.83 For each air inlet& air outlet served by any air conditioning system $2.91 $3.01 For each 1,000 sq.ft. or fraction thereof of conditioned area $23.23 $24.04 Note:When a permit is applied for and the total number of air inlets&air outlets is unknown, the fees shall be based on the sq.ft. of conditioned area. For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit $8.29 $8.58 For the installation or alteration of each air handling unit for air conditioning including ducts attached thereto: Up to & including 2,000 CFM - Each unit up to 10 $8.29 $8.58 Each unit over 10 $2.49 $2.58 More than 2,000 CFM to and including 10,000 CFM $24.90 $25.77 More than 10,000 CFM $41.47 $42.92 Note:This fee shall not apply to an air handling unit which is a portion of a factory assembled air conditioned appliance for which a permit is required elsewhere in this Code. For each evaporative cooler other than portable type $13.27 $13.74 For required ventilation fans which serve a single register: Each fan up to 10 $9.95 $10.30 Each fan over 10 $3.32 $3.43 For each required ventilation system which is not a portion of any air conditioning system for which a permit is required elsewhere in this Code $19.91 $20.60 For the installation or each commercial kitchen hood or spray booth served by mechanical exhaust, including the fans and ducts attached thereto $41.47 $42.92 For the installation of each fire damper $6.64 $6.87 Alteration of existing duct system where a permit is not required elsewhere $16.59 $17.17 Page 11 of 37 City of Azusa Schedule of Fees and Charges (Fund 101-Developer Only) 2007-2008 Exhibit - 1 Department/Description ' ECONOMIC & COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2006-2007 2007-2008 Item Cost Per Cost Per Note: 1)for refrigeration system rating one horsepower, one ton,or 12,000 BTU per hourshall S.F. Avg. S.F.Avg. mean the same quantity Note:2)forsteam boilers rated in boiler horsepower,one horsepower shall equal 50,000 BTU perhour " PLAN CHECK FEES Building Plan Check Fee -85% of Permit Fee-$15.00 minimum Electric Plan Check Fee- 80% of Permit Fee-$15.00 minimum Energy Plan Check Fee - 10% of Building Permit Fee Mechanical Plan Check Fee -80% of Permit Fee -$15.00 minimum Plumbing Plan Check Fee-80% of Permit Fee-$15.00 minimum Page 12 of 37 City of Azusa Schedule of Fees and Charges Developer Only 2007 -2008 Exhibit 1.2 BUILDING AND SAFETY Department/Description Approved Approved Approved Proposed Area 2004-2005 2005-2006 2006-2007 2007-2008 Item Fee/Unit Fee/Unit Fee/Unit Fee/Unit S-045 Grading Plan Check Fee Variable Variable Variable Variable 50% of Grading Permit Fee S-046 Grading Inspection Variable Variable Variable Variable Fee is 1 1/2%of estimated construction costs Grading Permit Fee- Based on Cubic Yards $112 $116 $122 $126 Permit Fee for Changes to Original Permit: $71 $73 $77 $80 $1 to $20,000 $20,001 to$50,000 $71 $73 $77 $80 $50,001 to $75,000 $96 $100 $105 $109 $75,001 to$100,000 .$148 $154 $161 $167 $100,001 to $200,000 $193 $201 $210 $217 $200,000 to$500,000 $249 $259 $271 $280 $500,001 and up $306 $317 $332 $344 Special Site Inspection $56 $58 $61 $63 Commercial - Minimum 2 hours $112 $116 $122 $126 Residential -Minimum 2 hour $112 $116 $122 $126 Residential(non-habitable space)-Min. 2 hours $107 $111 $116 $120 Occupancy Inspection Fee: 0-1 to 15,000 sq ft-1/2 hour of technical staff time $31 $32 $33 $34 15,000 sq.ft. on - 1 hour of technical staff time $56 $58 $61 $63 Bonds forSign(s) - Refundable $168 $175 $183 $189 Demolition Permit Fee- Minimum 1 hour $66 $69 $72 $75 Deputy Inspection Registration Fee- Deputy $31 $32 $33 $34 Emergency Inspection Fee - Minimum 1 hours $92 $96 $100 $103 Hearing Officer Actual Cost Actual Cost Actual Cost Actual Cost Pre-Plan Check Submittal -Minimum 2 hours $117 $122 $127 $131 Rehabilitation Permit Fee $260 $270 $283 $293 Reinspection Fee - Minimum 1 hour $61 $64 $67 $69 Room Addition Plan Check Fee- Minimum 2 hours . $117 $122 $127 $131 Swimming Pool Permit Fee- Based on Valuation $71 $74 $77 $80 Swimming Pool Plan Check Fee-80% of Permit Fee $56 $58 $61 $63 Trailer Coach $112 $116 $122 $126 Trash Enclosure- $10 for additional enclosure $45 $47 $49 $51 Relocation of Buildings: 0 to 2,000 sq.ft. $264 $274 $287* $297 2,001 to 5,000 sq.ft. $494 $513 $537 $556 5,001 sq.ft. and up $713 $740 $775 $802 Page 13 of 37 City of Azusa Schedule of Fees and Charges Developer Only 2007 -2008 Exhibit 1.2 BUILDING AND SAFETY Department/Description Approved Approved Approved Proposed Area 2004-2005 2005-2006 2006-2007 2007-2008 Item Fee/Unit Fee/Unit Fee/Unit Fee/Unit Plan Checking Fee: Staff rates assessed against deposit. Executive Staff-per hour $101 $105 $110 $114 Professional Staff-per hour $61 $64 $67 $69 Technical Staff(Plan Checker/Inspector) - per hour $72 $74 $78 $81 On-site Improvement Inspections: $2,000 deposit required for parking lot paving and miscellaneous testing Professional Staff-per hour $61 $64 $67 $69 Rates applied against deposit Technical Staff -per hour $56 $58 $61 $63 Rates applied against deposit Page 14 of 37 City of Azusa Schedule of Fees and Charges -Developer Only 2007 -2008 Exhibit 2 PLANNING AND ENGINEERING Department/Description Approved Approved Approved Proposed Area 2004-2005 2005-2006 2006-2007 2007-2008 Item Fee/Unit Fee/Unit Fee/Unit Fee/Unit S-001 Zoning Clearance $50 $50 $52 $54 S-002 Minor Design Review(over the counter) $310 $322 $337 $349 S-003 Staff Level Design Review $1,232 $1,279 $1,339 $1,386 Reduced to $350 for modifications to existing structures 5-004 Major Design Review (Deposit) $6,095 $6,100 (D) $6,100 (D) $6,100 (D) 5-005 Use Permit Major UP $3,567 $3,804 $3,981 $4,120 Minor UP $895 $930 $973 $1,007 S-006 UP Modifications Modifications to Major UP $1,562 $1,722 $1,802 $1,865 Modifications to Minor UP $391 $407 $426 $441 S-008 Minor Variance $636 $660 $691 $715 S-009 Variance $3,678 $3,919 $4,102 $4,245 $850 when Single Family Structure is involved S-010 Zone Change $4,976 $5,000 (D) $5,000 (D) $5,000 (0) S-012 Development Agreement $8,008 $8,100 (D) $8,100 (D) $8,100 (D) Annual Monitoring $4,000 (D) $4,000 (D) $4,000 (D) Deposit for charges at fully allocated hourly rates. All costs recovered. S-013 General Plan Amendment $10,175 $10,200 (D) $10,200 (D)$10,200 (D) Deposit for charges at fully allocated hourly rates. All costs recovered. S-014 Specific Plan $8,140 $8,200 (D) $8,200 (D) $8,200 (D) Deposit for charges at fully allocated hourly rates. All costs recovered. S-015 Specific Plan Amendment $3,928 $4,000 (D) $4,000 (D) $4,000 (D) S-016 Tentative Parcel Map $1,669 $1,833 $1,918 $1,985 5-017 Tentative Tract Map 5-20 lots $2,544 $2,741 $2,869 $2,969 20-50 lots $3,103 $3,323 $3,478 $3,599 50-100 lots $4,370 $4,638 $4,855 $5,024 10D+ lots $5,637 $5,953 $6,231 $6,448 5-018 Reversion to Acreage $1,150 $1,194 $1,250 $1,294 S-019 Lot Merger $432 $449 $470 $486 Page 15 of 37 . City of Azusa Schedule of Fees and Charges - Developer Only 2007 -2008 Exhibit 2 PLANNING AND ENGINEERING Department/Description Approved Approved Approved Proposed Area 2004-2005 2005-2006 2006-2007 2007-2008 Item Fee/Unit Fee/Unit Fee/Unit Fee/Unit S-020 Environmental Categorical Exemption Rev. $92 $95 $100 $103 S-021 Environmental Initial Study $890 $925. $968 $1,002 S-023 Environmental Impact ReportReview $4,070 $4,500 (D) $4,500 (D) $4,500 (D) Deposit for charges at fully allocated hourly rates. All costs recovered. S-024 Mitigation Monitoring -CEQA Monitoring $249 $259 $271 $280 Plus $85 hourly rate when applicable S-025 Annexation $6,105 $6,300 (D) $6,300 (D) $6,300 (D) Deposit for charges at fully allocated hourly rates. All costs recovered. S-026 Condominium Conversion Map $4,411 $4,580 $4,794 $4,961 S-027 Minor Sign Review $51 $53 $55 $57 S-028 Major Sign Review $412 $428 $448 $464 S-030 Temporary Occupancy Review $361 $375 $393 $407 S-031 Temporary Use Permit $402 $417 $437 $452 25% discount for Azusa based non-profit organizations S-032 Continuance Processing $468 $486 $509 $527 S-033 Time Extension Review- Staff $315 $328 $343 $355 S-034 Time Extension Review- Planning Commission $468 $486 $509 $527 S-035 Appeal To Planning Commission $315 $427 $447 $463 S-036 Appeal To City Council $529 $649 $679 $703 S-15 Preliminary Plan Review $203 $211 $221 $229 Nonconforming Use Time Extension N/A $629 $658 $681 S-037 Certificate of Compliance $799 $829 $868 $898 S-038 Street Name Processing W/O Map $789 $819 $857 $887 S-039 Street Re-Name Processing $1,343 $1,395 $1,460 $1,511 S-040 Building Address Processing W/O Map $275 $285 $299 $309 S-041 Building Re-Address Processing $387 $401 $420 $435 Page 16 of 37 City of Azusa Schedule of Fees and Charges -Developer Only 2007-2008 Exhibit 2 PLANNING AND ENGINEERING Department/Description Approved Approved Approved Proposed Area 2004-2005 2005-2006 2006-2007 2007-2008 Item Fee/Unit Fee/Unit Fee/Unit Fee/Unit S-044 Special Building Inspection $183 $190 $199 $206 S-047 Public/Private Improvement Plan Check Variable Variable Variable Variable 2.5% of estimated construction costs 5-048 Public/Private Improvement Inspection Variable Variable Variable Variable 2.5% of estimated construction costs 5-049 Final Parcel Maps: $1,272 $1,321 $1,392 $1,430 City Fee $730 County Fee $700 5-050 Final Maps: Map Analysis for Tracts: 1 - 5 Lots City Fee $910 County Fee$710 $1,440 $1,495 $1,565 $1,620 6 - 10 Lots City Fee $940 County Fee $915 $1,648 $1,712 $1,792 $1,855 11 - 25 Lots City Fee $1,002 County Fee$1,350 $2,091 $2,171 $2,273 $2,352 26 -50 Lots City Fee $1,125 County Fee $2,200 $2,956 $3,069 $3,213 $3,325 51 - 1- Lots City Fee $1,284 County Fee $3,300 $4,075 $4,232 $4,429 $4,584 101 - 150 Lots City Fee $1,529 County Fee $5,000 $5,805 $6,028 $6,309 $6,529 151 or more Lots City Fee$1,761 County Fee $6,600 $7,433 $7,718 $8,079 $8,361 S-051 Easement Checking for Tract Maps $483 $502 $525 $543 City Fee $333 County$210 Easement Checking for Parcel Maps $448 $465 $487 $504 City Fee $329 County$175 S-052 Monument Inspection each $285 $296 $310 $321 City Fee $196 County$125 S-053 Bond Processing $127 $132 $138 $143 City Fee $68 County$75 S-054 Tax Clearance Processing: 5 yr history (provided by County) $687 $713 $746 $772 City Fee$147 County$625 S-055 Lot Line Adjustment $906 $940 $984 $1,018 5-056 Street/ROW Abandonment Proc. $1,124 $1,168 $1,222 $1,265 Page 17 of 37 City of Azusa Schedule of Fees and Charges -Developer Only 2007 -2008 Exhibit 2 PLANNING AND ENGINEERING Department/Description . Approved Approved Approved Proposed Area 2004-2005 2005-2006 2006-2007 2007-2008 Item Fee/Unit Fee/Unit Fee/Unit Fee/Unit S-057 Sidewalk/Curb/Gutter: Up to 75 LF $158 $164 $171 $177 Additional 75 LF, no deposit $51 $53 $55 $57 Driveway Approach/Street Cut: Up to 100 S.F. $158 $164 $171 $177 Additional 100 S F, no deposit $51 $53 $55 $57 S-058 Obstruction Permit $56 $58 $61 $63 S-060 House Moving Permit $198 $206 $216 $224 Engineering Standard Drawing S-061 Sewer Saddle $209 $217 $227 $235 S-062 Blueprint/Map Copy Service $15 $16 $17 $18 S-063 Real Property Records Report Condominium/Townhouses $25 $26 $28 $29 Vacant/Unimproved Land $122 $127 $133 $138 Single Family Dwellings $122 $127 $133 $138 Multi-Family Dwelling - per parcel (plus $8 for addl unit) $122 $127 $133 $138 Commercial Properties $122 $127 $133 $138 S-064 Residential Rental Housing Registration and Inspection: Per parcel- includes first unit(plus $8 for addl unit) $46 $48 $50 $52 S-065 Lien Release $56 $58 $61 $63 S-066 Admin. Hearing Appeal $173 $180 $188 $195 City Fee $170 Court$25 Project Plans/Specifications- Plus $10 if mailed $40 $42 $44 $46 S-3.1 Block Wall Permit Verification of Conditions: County $148 $154 $161 $167 City $127 $132 $138 $143 Agreement and/or Improvement Security, each $168 $175 $183 $189 Extension Time for Improvement Agreement, each $229 $238 $249 $258 Fourth Submittal Originals/Prints $315 $327 $343 $355 Sixth Submittal or Originals/Prints $1,109 $1,152 $1,205 $1,247 Page 18 of 37 City of Azusa Schedule of Fees and Charges -Developer Only 2007 -2008 Exhibit 2 PLANNING AND ENGINEERING Department/Description Approved Approved Approved Proposed Area 2004-2005 2005-2006 2006-2007 2007-2008 Item Fee/Unit Fee/Unit Fee/Unit Fee/Unit Eighth and each subsequent submittal of originals/prints $1,322 $1,373 $1,437 $1,487 Minor Land Divisions: Lot Split $468 $486 $509 $527 Recording Fee: First Sheet $6 $7 $7 $7 Additional sheets, each $2 $2 $2 $2 LDMA Surcharge (County maps only): Tract Map $315 $327 $343 $355 Parcel Map $107 $111 $116 $120 Overtime: Tract Map $1,058 $1,099 $1,150 $1,190 Parcel Map $738 $766 $802 $830 S-6.3 Staff Rates: Director of Public Works -per hour $139 City Engineer- per hour $121 Assistant City Engineer- per hour $104 Associate City Engineer-per hour $94 Public Works Inspector- per hour $84 Consultant(Invoice + 36% Overhead) Variable Variable Variable Variable S-6.5 Code Compliance Fee $31 $32 $33 $34 S-7 Landscape Design Standards (Over the Counter Sales) $5 $5 $6 $6 5-18 City-provided Tree Planting -One 15 gallon Tree $87 $90 $94 $97 City-provided Tree Planting -One 24" Box Tree $148 $154 $161 $167 5-95.1 Recovery & Storage of Abandoned Shopping Carts $10 $11 $11 $11 Page 19 of 37 City of Azusa Schedule of Fees and Charges Developer Only 2007 -2008 Exhibit 3 FIRE SAFETY Approved Approved Approved Proposed Area Department/Description 2004-2005 2005-2006 2006-2007 2007-2008 Item Fee/Unit Fee/Unit Fee/Unit Fee/Unit S-1.1 Fire Safety - Fee per Hour: Fire Plan Check $87 $90 $90 $93 Fire Alarm System $87 $90 $90 $93 Fire Extinguisher Service $87 $90 $90 $93 Flammable Storage $87 $90 $90 $93 Hood System $87 $90 $90 $93 Spray Booths $87 $90 $90 $93 Subdivision Plan Checking $87 $90 $90 $93 Fire Permit Fees Occupancy Inspection -per hour $87 $90 $90 $93 Christmas Tree Lot Inspection -per hour $87 $90 $90 $93 Circus/Carnival Inspection - Minimum 2 hours $173 $180 $180 $186 Flammable Liquid Tank Site Inspection -Minimum 3 hours $259 $269 $269 $278 Liquid Petroleum Gasses - per hour $87 $90 $90 $93 Magnesium Working - Minimum 2 hours $173 $180 $180 $186 Motor Vehicle Repair Garages-per hour $87 $90 $90 $93 Oxygen System Installation - Minimum 2 hours $173 $180 $180 $186 Storage/Handling Flammable Liquids - Minimum 2 hours $173 $180 $180 $186 Underground Tank Installation -Minimum 4 hours $346 $359 $359 $372 Underground Tank Removal - Minimum 3 hours $259 $269 $269 $278 Fireworks Stands - Minimum 1/ hour $44 $45 $45 $47 Metal Foundry- Minimum 2 hours $173 $180 $180 $186 Places of Assembly- Minimum 2 hours $173 $180 $180 $186 Pyrotechnical Special Effects-per hour $87 $90 $90 $93 Public Rifle/Gun Ranges - Minimum 2 hours $173 $180 $180 $186 Tire Storage Areas in Excess of 1,000 cu.ft. -per hour $87 $90 $90 $93 Automobile Dismantling/Storage Yards- Minimum 2 hours $173 $180 $180 $186 Commercial Woodworking Facilities with Dust Collection Systems Greater than 25 gallons- Minimum 2 hours $173 $180 $180 $186 Educational/Daycare Centers - Minimum 3 hours $259 $269 $269 $278 Miscellaneous Fire Fees-per hour Residential Inspection per Sec. 13146.2 of H&S Code $87 $90 $90 $93 Engine Company Standby $87 $90 $90 $93 Hazardous Materials Response $87 $90 $90 $93 Special Inspections $87 $90 $90 $93 Weed Abatement(Processing & Referral) $87 $90 $90 $93 Page 20 of 37 City of Azusa Schedule of Fees and Charges 2007-2008 Exhibit 3A ADULT BUSINESSES Area Department/Description Approved Proposed Item 2006-2007 2007-2008 Fee/Unit Fee/Unit Business Licenses 1. Adult-oriented business license See Business License See Business License 2. Adult Business License Application Fee $163 $169 3. Initial Business License Fee See Business License See Business License 4. Annual Renewal Fee $33 $34 5. Adult Business License Appeal Fee $2,174 $2,250 6. Live Entertainer License Actual time spent at hourly rate Actual time spent at hourly rate of involved City Staff, charged of involved City Staff, charged against$2,500 initial deposit against$2,500 initial deposit 7. Figure Model License Actual time spent at hourly rate Actual time spent at hourly rate of involved City Staff, charged of involved City Staff, charged against$2,500 initial deposit against$2,500 initial deposit 8. Live Entertainer/Figure Model License Renewal Actual time spent at hourly rate Actual time spent at hourly rate of involved City Staff, charged of involved City Staff, charged against$2,500 initial deposit against$2,500 initial deposit Planning 1. Interim Adult Use Planning Permit Actual time spent at hourly rate Actual time spent at hourly rate of involved City Staff, charged of involved City Staff, charged against $5,000 initial deposit against$5,000 initial deposit 2. Final Adult Use Planning Permit Actual time spent at hourly rate Actual time spent at hourly rate of involved City Staff, charged of involved City Staff, charged against$5,000 initial deposit against $5,000 initial deposit 3. Extension of Amortization Actual time spent at hourly rate Actual time spent at hourly rate of involved City Staff, charged of involved City Staff, charged against$5,000 initial deposit against$5,000 initial deposit Page 21 of 37 City of Azusa Schedule of Fees and Charges 2007 -2008 Exhibit 4 POLICE Approved Approved Approved Proposed Service Department/Description 2004-2005 2005-2006 2006-2007 2007-2008 Area Fee/Unit Fee/Unit Fee/Unit Fee/Unit S-067 Noise Disturbance Response Variable Variable Variable Variable Full cost recover after 2nd response S-068 Alarm registration ' $25 $26 $25 $25 Renewal $16 $16 $16 $16 False Alarm Response - Registered alarm Variable Variable Variable Variable 1 st free, $50, $250, $500 thereafter False Alarm Response- Unregistered alarm Variable Variable Variable Variable 1st free, $50, $250, $500 incrementally 5-069 DUI Accident Response Investigation $1,000 $1,038 $1,087 $1,125 S-070 Equipment Citation Verification (Azusa PD) No Charge No Charge No Charge No Charge Equipment Citation Verification (Citation by other PD) $11 $12 $12 $12 S-071 Vehicle Verification (Azusa PD) $30 $31 $33 $34 Vehicle Verification (Citation by Other PD) $30 $31 $33 $34 S-072 Public Safety at Special Events: Office - per hour $95 $99 $103 $107 Reserve Officer $30 $31 $33 $34 S-073 Entertainment Permit-Temporary, $215 $223 $234 $242 Entertainment Permit- Regular $215 $223 $234 $242 Entertainment Permit- Renewal $215 $223 $234 $242 S-074 Dance Permit-One Time $35 $36 $38 $39 Dance Permit-Annual $35 $36 $38 $39 Pawn Shop Permit $35 $36 $38 $39 S-075 Vehicle Impound Fees $60 $62 $65 $67 S-076 Repossessed Vehicle Release $11 $11 $12 $12 S-077 Police Records Check/Clear Letter $20 $21 $22 $23 S-078 Immigration Letters. $20 $21 $22 $23 5-079 Public Safety Application Background Check $25 $26 $27 $28 S-081 Police Photo Reproduction -plus cost of photos $50 $52 $54 $56 Photo CD Reproduction $5 to$10 $5 to$10 S-082 Video/Audio Tape/CD Reproduction $70 $73 $73 $73 Page 22 of 37 City of Azusa Schedule of Fees and Charges 2007 -2008 Exhibit 4 POLICE Approved Approved Approved Proposed Service Department/Description 2004-2005 2005-2006 2006-2007 2007-2008 Area Fee/Unit Fee/Unit Fee/Unit Fee/Unit 5-083 Police Report Copy Variable Variable Variable Variable .50 first page+.15 each additional page No charge if report is 4 pages or less. Regulated Fee S-084 Special Computer Search -per hour $70 $73 $76 $79 S-085 Civil Subpoena Processing Variable Variable Variable Variable No change to current fee of$20 plus reproduction costs and $150/day deposit+travel. Regulated Fee 5-086 Duces Tecum Subpoena Processing Variable Variable Variable Variable Fees are set by State law 5-087 Animal Regulation, as per Ordinance: Program under review for cost savings Dog License - Regular- 1 year license $40 $40 $40 $40 Dog License -3 year license $120 $120 $120 $120 Dog License - Neutered - 1 year license $20 $20 $20 $20 Dog License - Neutered -3 year license $60 $60 $60 $60 Senior/Low Income - 1 Dog License Free Free Free Free Lifetime with Implanted Microchip $155 $155 $155 $155 Duplicate $10 $10 $10 $10 Late Payment Processing Fee- 50% of License Fee Voluntary Cat Licenses 3-year License $31 $32 $32 $32 Lifetime with Implanted Microchip $52 $54 $54 $54 S-019 Business Inspection: Carnival Worker License $30 $31 $33 $34 S-020 Vehicle Code Enforcement Per Court Per Court Per Court Per Court S-021 Parking Enforcement Per Court Per Court Per Court Per Court 5-022 General Code Enforcement Actual Cost Actual Cost Actual Cost Actual Cost DUllmpound $178 $185 $193 $200 Impound & Collision Tow Service-per hr. (minimum 1 hr.) $101 $105 Variable Variable Storage Fees- Per Day Automobiles and Light Trucks $23 $24 $40 Max $40 Max Trucks over 1 Ton $26 $27 $50 Max $50 Max Semi-Truck and Trailer $26 $27 $50 Max $50 Max Motorcycle $10 $11 $46.75 Max $46.75 Max S-025 Accident Report Investigation. Fee set by State Law. $17 $18 $18 $19 Page 23 of 37 City of Azusa Schedule of Fees and Charges 2007 -2008 Exhibit 4 POLICE Approved Approved Approved Proposed Service Department/Description 2004-2005 2005-2006 2006-2007 2007-2008 Area . Fee/Unit Fee/Unit Fee/Unit Fee/Unit 5-027 Alarm Monitoring Service Actual Cost Actual Cost Actual Cost Actual Cost 5-028 Jail $90 $94 $98 $101 S-032.1 Court Order Custody Reimbursement Fee per 24-hour $90 $94 $98 $101 period or fraction thereof Incident Report $20 $20 $21 $22 S-032.4 Paramedic Service Actual Cost Actual Cost Actual Cost Actual Cost S-032.5 Weed Abatement Inspection (Processing & Referring) $260 $270 $282 $292 Traffic Collision Report Injury $20 $20 $21 $22 Traffic Collision Report -- Non-injury $10 $10 $11 $11 Comm Srvc Officer Special Event Fees per Hour $40 $42 $42 $42 Police Aide Special Event Fees per Hour $12 $12 $12 $12 Page 24 of 37 City of Azusa Schedule of Fees and Charges 2007 -2008 Exhibit 5 RECREATION Approved Approved Approved Proposed Service 2004-2005 2005-2006 2006-2007 2007-2008 Area partment/Description\\ Fee/Unit Fee/Unit Fee/Unit Fee/Unit S-33 Aquaatti - Program: Swimming Lessons- Children/Group /lll $25 $25 $29 $30 Swimming Lessons-Children Private $25 $25 $29 $30 Swimming Lessons -Adult/Grou $25 $25 $29 $30 Swimming Lessons - du rivate $25 $25 $29 $30 Swimming T $50 $50 $50 $50 rtional Child-same farrily) — $45 $45 Lap Swim $2 $2 $2 $2 Water Exercise-Adults $25 $25 $29 $30 Water Exercise - Seniofs.(per class-period) $1 $1 $1 $1 S-34/ Recreation Swimming: /- J -Children up to 12 years-old--- t$0.50 $0.50 $0.50 $0.50 1.2_years ola der includes slide �$1 $1 ' $1__$0-50' Teens up-to 17-inclades-slide- $2 $2 $2 2 Sen rs(Ages 50+) //G�JJy4€s%' \ W'1 Adults 18 and-older includes slide v $ $3 $3 3 S-35 Swimming Pool Rental - Minimum of 2 hours/security deposit (refundable) 1-100 people $300/$200 $300/$200 $300/$200 $300/$200 101-250 people $400/$200 $4001$200 $400/$200 $400/$200 251-350 people $500/$200 $500/$200 $500/$200 $500/$200 Additional-Water Slide $100/$50 $100/$50 $100/$50 $100/$50 S-36 Leisure Classes Varies Varies Varies Varies Sand Beach Volleyball (per team) $40 $40 S-38 Adult Sports Programs: Adult Baseball $350 Adult Softball 1r $360 $350 $350 $350 Adult Basketball $300 $300 $300 $300 Adult Volleyball $175 $175 $185 $185 Adult Softball Tournaments $200. $200 $200 $200 Golf Tournament /y� f $90 $90 $100 S-41 Youth Sports Programs: Pony Baseball Fee \ $65 $65 $65 $65 Winter Pony Baseball $40 $40 $40 $40 Mighty-Mite Baseball (T-Ball) $40 $40 $40 $40 Mighty-Mite Baseball (Coach Pitch) $40 $40 $40 $40 Mighty-Mite Basketball $40 $40 $40 $40 Mighty-Mite Flag Football $40 $40 $40 $40 Mighty-Mite Soccer $40 $40 $40 $40 Flag Football (T Shirt Uniforml)- $25 new : $20 returning $25/$20 $25/$20 $25/$20 $25/$20 Basketball (T Shirt Uniforms-J$25 new : $20 returning $25/$20 $25/$20 $25/$20 $25/$20 Summer Basketball $40 $45 ,$45 $45 Page 25 of 37. City of Azusa Schedule of Fees and Charges 2007 -2008 Exhibit 5 RECREATION Approved Approved Approved Proposed Service /�" 2004-2005 2005-2006 2006-2007 2007-2008 Area DepartmentlDescription Fee/Unit Fee/Unit Fee/Unit Fee/Unit / Volleyball (T Shirt Uniform & Spandex Shorts-Shorts included $25/$20 $25/$20 $25/$20 $30/$25 for Y07/08) - $30 new: $25 returning Soccer(T Shirt-Uniform) -$25 new : $20 returning $25/$20 $25/$20 $25/$20 $25/$20 Canyon City Girls Fast Pitch Softball $45 $45 $45 S-41.1 Ball Diamond Rental Drag, Line and Water Field-Prepared $20 $20 $20 $20 Staff, scorekeeping -per hour $10 $10 $10 $10 Use of Scoreboards $15 $15 $15 $15 Field Rental-No Lights $20 $20 $20 $20 Field Rental-With Lights $30 $30 $30 $30 Use of Bases $15 $15 $15 $15 Deposit for Use of Bases $200 $200 $200 $200 Use of Strike Zone Mat $15 $15 $15 $15 Athletic Field Charge: (Green Space) Memorial Park- per hour 1 $60 $60 $60 $60 Northside South Field Area-per hour $40 $40 $40 $40 Gladstone Park- per hour $ 0� $30 $30 Lights Included � ( ,i�7M� i//� 44 S-43 Golden Days Special Events- 2K/5K Run/Walk: Youth Price/ re-registration/Day of the event $10/$15101P5 $1 /$20 $10/$15 2K/5K Run/Walk: Adult Price/Pre-registration/Day of the event $15/$20 S-44 Children's Day Camp ( $85/75 per week) ($17/$15 per day x 5 days/we k) Weekly Fee - Discount$2.00 for 2nd child in family Registration fee (one time) $20 $20 Summer Day Camp (per day) $17/$15 $17/$15 $17/$15 $17/$15 S-47 Recreation Special Events: Haunted House Dance $10 $10 $10 $10 Back to School Dance $10 $10 $10 $10 Winter Wild Dance $10 $10 $10 $10 Tournament of Champion Dance $10 $10 $10 $10 March Madness Dance $10 Spring Thing Dance $10 $10 $10 $10 Bill Chill Dance $10 $10 $10 $10 Turkey Tango Dance $0 $10 $10 $10 Summer Is Here Dance $0 $10 $10 $10 Trunk or Treat Car Show vendor $25 $25 $25 $25 Tournament of Champions Finals at APU Events Center(Adult) $3 $3 $3 $3 (Student) $2 $2 $2 $2 (Child 3-11) $1 $1 $1 $1 Volleyball-Glinic "—===:� — $20 Lanco mpic Track(per school) $0 $0 $100 $1 DO Mayo Food Vendor $30-$50 $30-$50 $30-$50 $50 sta Food Vendor $50 $50 $75 $75 Page 26 of 37 City of Azusa Schedule of Fees and Charges 2007 -2008 Exhibit 5 RECREATION Approved Approved Approved Proposed Service 2004-2005 2005-2006 2006-2007 2007-2008 Area Department/Description Fee/Unit Fee/Unit Fee/Unit Fee/Unit Memorial Park Facilities Meeting Room - normal operating hours $30 $30 $30 $30 -outside normal hours $40 $40 $40 $40 - Non-Resident Fee (Flat) $50 $50 $50 $50 Gym or Main Room - normal operating hours $40 $40 $40 $40 -outside normal hours $60 $60 $60 $60 - Non-Resident Fee (Flat) $125 $125 $125 $125 Kitchen (Flat Fee) $15/hr $50 $50 $50 - Non-Resident Fee (Flat) $25 $25 $25 $25 Cleaning (Flat Fee) $50 $50 $50 $50 Cinco de Mayo (Novelty and Craft Vendor Fees) $50 Holiday Crafts (Vendors Fees) $25 $25 $25 $35 Girls Night In $20 $20 Bounce House Application Usage $20 $20 $20 $20 Non-Resident Fee:(Flat) $20 $20 $20 $20 Picnic Shelter Application Rental (Gladstone Park) Area# 1 N/A N/A N/A $20 Area#2 N/A N/A N/A $20 Area#3 N/A N/A N/A $20 Non-Resident Fee:(Flat) N/A N/A N/A $20 Picnic Shelter Application Rental (Memorial Park) Single Shelter(Area#2,3,4 & 5) $20 $20 $20 $20 Double Shelter(Area# 1& 6) $30 $30 $30 $30 Non-Resident Fee:(Flat) $20 $20 $20 $20 Picnic Shelter Application Rental (Northside Park) S-Leg Area# 1 $20 $20 $20 S-Leg Area#2 $20 $20 $20 S-Leg Area#3 $20 $20 $20 S-Leg Area#4 $20 $20 $20 S-Leg Area # 5 (includes serving tables) $30 $30 $30 Non-resident fee (flat) $20 $20 $20 Picnic Shelter Application Rental (Pioneer Park) NE Section Area# 1 $30 $30 $30 $30 NE Section Area#2 $20 $20 $20 $20 NE Section Area#3 $20 $20 $20 $20 Non-Resident Fee:(Flat) $20 $20 $20 $20 Gazebo Shelter Area#4 NIA N/A N/A $40 Page 27 of 37 City of Azusa Schedule of Fees and Charges 2007 -2008 Exhibit 6 LIBRARY Approved Approved Approved Proposed Service 2004-2005 2005-2006 2006-2007 2007-2008 Area Department/Description Fee/Unit Fee/Unit Fee/Unit Fee/Unit S-097 Inter-Library Loan Processing $1.50 $1.50 $1.50 $1.50 Plus Postage S-098 Book Reservation per Item $0.50 $0.50 $0.50 $0.50 S-099 Lost Library Card Processing $5 $5 $5 $5 S-100 Proces3ing Overdue Material: Per item per day-Adult $0.20 $0.20 $0.20 $0.20 Per item per day- Child $0.10 $0.10 $0.10 $0.10 S-101 Lost/Damage Library Material Processing $10 $10 $10 $10 S-102 Passport Application $30 $30 $30 $30 Rate set by Fed. Govt. 5-103 Video Cassette/DVD Rental per Item (for two days) $1.50 $1.50 $1.50 $1.50 S-104 Rental of Library Auditorium For Profit-during business hours-per hour(minimum 3 hours) Variable Variable $15.00 $20.00 For Profit-outside business house-per hour(minimum 3 hours) Variable Variable $15.00 $20.00 Non-Profit Organizations-per.hour-outside Azusa (min. 3 hours) Variable Variable $10.00 $15.00 - During business hours Variable Variable $10.00 $15.00 -Outside business hours Variable Variable Variable Variable Resident Non-Profit& Government(minimum 3 hours) Variable Variable No Charge No Charge Library Cards No Charge No Charge No Charge No Charge Personal Computer Usage - per Hour No Charge No Charge No Charge No Charge S-52 Filing Special Materials per Item Request No Charge No Charge No Charge No Charge 5-53 Photocopy Charges per Page Variable Variable Variable Variable Rate set by concessionaire Page 28 of 37 City of Azusa Schedule of Fees and Charges 2007 -2008 Exhibit 7 Utilities Approved Proposed Area Department/Description 2006-2007 2007-2008 Item Fee/Unit Fee/Unit Utility Services S-105 New Utility Account Setup Connect Fee-Apt. Owners $33 $34 Connect Fee-All Others $39 $40 5-106 Utility Delinquent Turn Off/On 7 am-5pm $33 $34 5pm-12am $111 4115 Late Payment Penalty: $7.50 or 5% of total outstanding balance, whichever is greater Standby after hours charge, Fri+Sat until 8 pm $111 $115 S-107 Theft of Water/Light Investigation $216 $224 Damages and estimated.usage will also be billed S-108 Water Pressure Test $55 $57 1 st test free S-109 Water Meter Test Charge fully allocated hourly rate S-110 Water Quality Test $100 $103 Plus lab costs 5-111 Flow Test $332 $344 S-112 Temporary Meter Rental Services Variable Variable $100 per meter plus$1,000 deposit S-113 New Water Meter Installation $205 $212 plus material costs S-114 New Water Service Installation 3/4"- 1" $2,322 $2,403 Deposit 2„ $2,765 $2,861 Deposit 3, $6,193 $6,409 Deposit 4" $6,746 $6,981 Deposit 6^ $6,516 $8,813 Deposit S-115 New Backflow Device Inspection Review $332 $344 S-116 Annual Backflow Device Inspection Review $111 $115 Page 29 of 37 City of Azusa Schedule of Fees and Charges 2007-2008 Exhibit 7 Utilities Approved Proposed Area Department/Description 2006-2007 20D7-2008 Item Fee/Unit Fee/Unit Utility Services 5-117 Water Service Various Various No change to various rates based on service size and usage 5-118 Sewer Blockage Check $332 $344 Minimum charge plus fully allocated hourly rates No charge, if City fault. 5-119 Sewer Dye Test $188 $195 S-120 Emergency Sewage Spill Response Actual Actual Fully allocated hourly rate for all responding personnel S-121 Wastewater Service City to perform study to determine recovery of system replacement costs. S-122 Electric Meter Test First test in six months Second test in six months Residential $166 $178 Commercial $315 $337 Industrial $464 $497 S-123 Total Electrical Service Re-Install $376 $497 Plus materials 5-124 Additional Electric Span Install $376 $497 Plus materials S-125 Temporary Electric Installation Overhead <100 ft Underground <50 ft All $376 $497 Plus material 5-126 Temp Single Phase Transformer Installation $1,769 $3,000 Minimum plus material costs S-127. Temp Three Phase Transformer Installation $3,871 $6,000 Minimum plus material costs S-128 Electric Line Extension/Upgrade Actual Actual Fully allocated hourly rates S-129 .Electric Services Various Various Various rates depending on type of services and usage, time of year and time of day. Page 30 of 37 City of Azusa Schedule of Fees and Charges 2007 -2008 Exhibit 7 Utilities Approved Proposed Area Department/Description 2006-2007 2007-2008 Item FeelUnit Fee/Unit Utility Services 5-130 . Banner Installation $420 $450 S-131 After Hours Standby/Call Out Actual Actual Full allocated hourly rates with a two hour minimum. Water System Development Fees:** Residential: Single family residential = $9,535.04/acre, $1,589.25/dwelling unit $9,168.31/$1,528.12** $9,535.04/$1,589.25 Multi-family residential = $16,286.58/acre, $1,017.92/dwelling unit $15,660.17/$978.77** $16,286.58/$1,017.92 Commercial/Industrial: Commercial = $7,308.45/acre, $0.731sf $7,027.3640.70** $7,308.45/$0.73 Industrial = $7,865.37/acre, $0.31/sf $7,562.85/$0.30** $7,865.371$0.31 Park/School: School = $6,159.77/acre or unit $5,922.85** $6,159.77 Park= $2,818.86/acre or unit $2,710.44** $2,818.86 Water System Annexation Fees:** Residential: Single family residential = $4,154.38/acre, $692.47/dwelling unit $3,994.59/$665.84** $4,154.38/$692.47 Multi-family residential = $7,096.39/acre, $443.53/dwelling unit $6,823.45/$426.47** $7,096.39/$443.53 Commercial/Industrial: Commercial = $3,184.06/acre, $0.31/sf $3,061.60/$0.30** $3,184.06/$0.31 Industrial = $3,427.17/acre, $0.13/sf $3,295.36/$0.12** $3,427.17/$0.13 Park/School: School = $2,683.91/acre or unit $2,580.68** $2,683.91 Park=$1,228.43/acre or unit 1181.18** $1,228.43 **Approved by City Council on 08/07/06 Page 31 of 37 City of Azusa Schedule of Fees and Charges 2007 -2008 Exhibit 8 BUSINESS LICENSES Approved Approved Approved Proposed Service 2004-2005 2005-2006 2006-2007 2007-2008 Area Department/Description Fee/Unit Fee/Unit Fee/Unit Fee/Unit S-133 Application Fee- New Business Outside Contractor $61 $63 $66 $69 Reinstate Outside Contractor $61 $63 $66 $69 Rental Business $61 $63 $66 $69 All Others $127 $132 $138 $143 5-134 Home Occupation Permit $57 $59 $61 $64 S-135 New Taxi/Tow Truck Permit $509 $528 $553 $572 S-136 Massage Parlor Technician Permit $168 $174 $182 $189 5-137 Application Fee - Renewal $30 $32 $33 $34 5-138 Business License Duplicates $11 $11 $12 $12 S-139 Printouts of Business License Lists $10 $10 $11 $11 S-140 Solicitor Permit-All 1st Solicitation $46 $48 $50 $52 Each Additional Permit $31 $32 $33 $34 5-141 Yard Sale Permit $20 $20 $20 Not required` S-142 Bingo Permit $172 $179 $187 $194 S-143 Fireworks Stand Permit $239 $248 $260 $269 Field Collection Fee on Delinquent Accounts -.plus penalties $51 $53 $55 $57 5-96 Filming or Other Use of City Facilities -per day $1,058 $1,099 $1,150 $1,190 25% Discount for Azusa-based nonprofit organizations Filming on Private Property $305 $317 $332 $344 S-97 Registration Fee for Non-profit Businesses within a $36 $37 $39 $40 Commercial Building, i.e. banks, schools, etc. "Ordinance No. 07-05, approved by Council on 05/07/07 Page 32 of 37 City of Azusa Schedule of Fees and Charges 2007 -2008 Exhibit 9 ADMINISTRATIVE PROCESSING COSTS Approved Approved Approved Proposed Service Department/Description 2004-2005 2005-2006 2006-2007 2007-2008 Area Fee/Unit Fee/Unit Fee/Unit Fee/Unit S-144 Returned Check Processing- 1st Check/2nd Check $25 $25 $26 $25/$35 Fees set by State Code S-145 Re-issuance of lost checks $71 $74 $77 $BO S-146 Document Reproduction $0.50 $0.50 $0.52 $0.54 $.15 each additional sheet No charge if the report is 4 pages or less Legal Size -per page Letter Size- per page 5-147 Document Certification $31 $32 $33 $34 S-148 Audio Tape Copy Service $46 $48 $50 $2 S-149 Candidate Processing $25 $25 $26 $27 Fee set by State Code 5-150 Notary Service $10 $10 $10 $10 Fee set by State Code Project specifications and plans $41 $43 $45 $47 $10.00 additional if mailed S-88.1 Processing of Payroll Garnishments per Transactions- $5 $5 $5 $5 set by Court Order S-89 Map and Publication Production Sale To Azusa Residents-maximum $5 $5 $5 $5 Blueprint Reproduction $10 $10 $11 $11 5-91 Code Updating -annual $173 $180 $189 $196 5-93 Records Research Service: 15 minutes or less $16 $16 $17 $18 Over 15 minutes-per 1/4 hour or part thereof $20 $21 $22 $23 S-94 Bond Issuance and Administration -(includes extra $50 $305 $317 $332 $344 per hour) Page 33 of 37 City of Azusa Schedule of Fees and Charges 2007-2008 Exhibit 10 TRANSPORTATION Approved Approved Approved Proposed Service 2004-2005 2005-2006 2006-2007 2007-2008 Area Department/Description Fee/Unit Fee/Unit Fee/Unit Fee/Unit Monthly Foothill Transit Passes Senior/Disabled $10/$7 $10/$7 $18/$15 $18/$15 Student K-12 $18/$12.75 $18/$12.75 $25/$19.75 $25/$19.75 College/Vocational $21/$14.50 $21/$14.50 $25/$19.75 $25/$19.75 Local Lines $46/$32 $46/$32 $55/$41 $55/$41 Silver Streak $80/$60 Express 4 $92/$71 $92/$71 Discontinued Discontinued Commuter Express $117/$97 $117/$97 $120/$100 $130/$110 Discounted passes are available to eligible users and on a first come-first serve basis. Dial-A-Ride Transit(one-way) Medical and Social Services: Azusa, Covina, Duarte, Glendora $0.50 $0.50 $0.50 $0.50 Baldwin Park, Monrovia, San Dimas, West Covina $1.50 $1.50 $1.50 $1.50 Non-medical appointments limited to City limits $0.50 $0.50 $0.50 $0.50 Senior Lunch Program $0.25 $0.25 $0.25 $0.25 Available to eligible users Metrolink Monthly Passes City residents save $25 on monthly passes Variable Variable Variable Variable Employees of Azusa businesses receive $15 or a match of the amount offered by the employer up to a limit of$25. Variable Variable Variable Variable Page 34 of 37 3 City of Azusa s Schedule of Fees and Charges 2007 - 2008 Exhibit 11 WOMAN'S CLUB AND SENIOR CENTER Approved Approved Approved Proposed Service 2004-2005 2005-2006 2006-2007 2007-2008 Area Department/Description Fee/Unit Fee/Unit Fee/Unit Fee/Unit S-48 Woman's Club Rental to Public Coordinated by Contractor: Weekdays Meetings-8 a.m. - 5 p.m. (addl hours $75 each) $250 $250 $250 $250 Friday Evening Event $300 $300 $300 $300 Saturday Afternoon Event (until 5p.m.) $400 $400 $400 $400 Saturday Afternoon Event(past 5p.m.) $500 $500 $500 $500 Saturday Evening $600 $600 $600 $600 Sunday Event-Anytime $400 $400 $400 $400 Event Liability Insurance $150 $150 $150 $150 Security Deposit $300 $300 $300 $300 Refundable, deposit to hold date Patio Wedding Ceremony $300 . $300 $300 $300 Fee split between City and Contractor Additional time > 5 Hours $250 $250 $250 $250 Per hour, fee split between City and Contractor Quincinera-Anytime $700 $700 $700 $700 Cleaning fee $100 $100 $100 $100 Decorating fee outside normal hours of operation (per hour) $15 $15 $15 Woman's Club-For Azusa based Non-Profit Organizations Building Rental (per hour including setup and clean up time) $50 $50 $50 $50 Kitchen (flat fee) $25/hr $75 $75 $75 Damage Deposit $300 $300 $300 $300 Staffing (per hour) $15 $15 $15 $15 Cleaning Fee $100 $100 $100 $100 Event Liability Insurance $150 $150 $150 $150 Alcohol Liability Insurance $300 $300 $300 $300 Gazebo at City Hall $300 $300 $300 $300 S-48.3 Rental of Senior Center Small Class Rooms:(non-profit)/(profit) per hour $30/$50 $30/$50 $30/$50 $30/$50 Large Room:(non-profit)/(profit) per hour $60/$100 $60/$100 $60/$100 $60/$100 Kitchen:(non-profit)/(profit)flat fee $25/$50/hr $50/$75 $50/$75 $50/$75 Staffing:(after hours only)(non-profit)/(profit) minimal per hour $15/$15 $30/$30 $30/$30 $30/$30 Cleaning Fee:flat fee $100 $225 $225 $225 Security Deposit: $200 refundable deposit $200 $200 $200 $200 Non-Resident Fee (flat) $50 $50 $50 $50 Decorating fee outside normal hours of operation (per hour) $15 $15 $15 5-48.2 Special Event Insurance (Actual Cost of Coverage) -depending $145 $1_4.5_ $145 $145 on activity and Certificate of Insurance -per hour Senior Lunch Program (suggested) donation 1.75 $1.85 $1.85 $1.95 Page 35 of 37 City of Azusa Schedule of Fees and Charges 2007-2008 Exhibit 12 GIS MAPS Approved Approved Approved Proposed Area Department/Description 2004-2005 2005-2006 2006-2007 2007-2008 Item Fee/Unit Fee/Unit Fee/Unit Fee/Unit -S-16.1 Paper Map Products Price List 1. Public Access Terminal-Screen Viewing No Charge No Charge No Charge No Charge 2. City Map Books $10 $11 $11 $12 3. A Size Plot; 8.5 X 11 $11 $11 $11 $12 4. . A Size Plot: 8.5 x 11 with photo $16 $16 $17 $18 5. B Size Plot: 11 x 17 $11 $11 $11 $12 6. B Size Plot: 11 x 17 with photo $16 $16 $17 $18 7. C Size Plot: 17 x 22 $25 $26 $28 $29 8. C Size Plot: 17 x 22 with photo $36 $37 $39 $40 9. D Size Plot: 34 x 22 $51 $53 $55 $57 10. D Size Plot: 34 x 22 with photo $67 $69 $72 $75 11. E Size Plot: 34 x 46 $81 $85 $89 $92 12. E Size Piot: 34 x 46 with photo $132 $137 $144 $149 13. Zoning Citywide Book(11 x 17 sheets) $51 $53 $55 $57 14. City General Plan Land Use or Zoning Map (3 x 5 ft.) $25 $26 $28 $29 15. City General Plan Land Use or Zoning Map (6 x 6 ft.) $51 $53 $55 $57 16. Hourly Charge for Custom Mapping Work $67 $69 $72 $75 Page 36 of 37 City of Azusa Schedule of Fees and Charges 2007-2008 Exhibit 13 Redevelopment Approved Approved Approved Proposed Service 2004-2005 2005-2006 2006-2007 2007-2008 Area Department/Description Fee/Unit Fee/Unit Fee/Unit Fee/Unit S-480 Loan Subordination Fee $204 $211 $221 $229 Loan Fee Processing Page 37 of 37 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ESTABLISHING A USER FEE SCHEDULE FOR VARIOUS MUNICPAL ACTIVITIES AND SERVICES WHEREAS, the City of Azusa is empowered to impose reasonable service fees for a variety municipal benefits and services; and WHEREAS, the City Council of the City of Azusa has determined that the users of these services should be charged fees to cover the City's expenses for providing these services; and WHEREAS, the City Council has determined that it is necessary to adopt a Schedule of Fees and Charges which sets forth charges for these services; and WHEREAS, it is the intention of the City Council that the fees set forth herein shall cover,but not exceed, the estimated reasonable cost of providing the service for which the fee is charged,except for such fees that may legally generate revenue: and WHEREAS, based upon evidence provided, the City Council hereby determines,that the fees cover, but do not exceed, the reasonable cost of providing the services for which the fee is charged; and WHEREAS, the schedule of Fees and Charges is statutorily and categorically exempt from the requirements of the California Environmental Quality Act since citing these fees Fit within the statutory exemptions for local agency decisions involving the adoption and collection of rates, tolls and other charges, pursuant to Public Resources Code Section 21080(b)(8) and Section 15273 of the California Environmental Quality Act Guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT: - SECTION 1. Adoption of Schedule of Fees. The City Council hereby adopts a fees schedule for the services set forth in the Schedule of Fees and Charges for Fiscal Year 2007/2008 attached hereto and incorporated herein by reference. SECTION 2. Collection of Fees. That the City is authorized to collect the user fees set forth herein. SECTION 3. Effective Date. This resolution shall become effective upon its adoption. PASSED,APPROVED AND ADOPTED ON JULY 16, 2007.. Mayor I HEREBY CERTIFFY that the foregoing Resolution was duly adopted at a regular meeting of said City Council on the 16'" day of July, 2007, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk C\Robert 7252006Vr Tson\Desktop\CITY COUNUL\20D7\ULY 16,2007%Resolms07.doc TL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CIN OF AZUSA, CALIFORNIA, ESTABLISHING CERTAIN DEVELOPMENT PROJECT FEES AND SERVICE CHARGES WHEREAS,Chapter 8(commencingwith section 66016)of Division 1 of Title 7 of the California Government Code establishes a procedure for adopting fees or service charges for development projects; and WHEREAS, the City Council of the City of Azusa has determined that the cost of providing certain facilities or services is not of general benefit, but of special benefit to the applicant seeking to process a development application; and WHEREAS, the City Council has further determined that developer contribution in the form of development impact fees is necessary to offset the impact of future development on already- established community facilities and services and to maintain the current levels of services for these public facilities; and WHEREAS, the City is authorized to impose fees which will cover but do not exceed the estimated reasonable cost of providing the service or facility for which the fee is imposed; and WHEREAS, current fees charged for community development services or facilities do not fully recover the actual cost of providing the such services; and WHEREAS, Government Code sections 66016 and 66018 provide that the City may adopt new fees or increase existing fees after providing notice and holding a public hearing; and. WHEREAS, notice of a public hearing on the establishment of new and increase fees was published in accordance with provisions of section 6062a of the California Government code; WHEREAS, notice of public hearing was mailed to all interested parties who filed a written request for mailed notice with the City; WHEREAS, on July 16, 2007, at the time and place specified in the published notice, the City Council held a public hearing as required by law to allow oral or written presentations prior to levying new fees or service charges and prior to approving an increase in existing fees or service charges; and WHEREAS, at least ten (10) days prior to the commencement of the hearing, there was made available to the public a report containing the cost,or estimated cost,of providing the service for which the fee or service charge will be levied, and the revenue sources for providing such services; and WHEREAS,based upon evidence provided,the City Council hereby determines that the fees set forth in the Schedule of Fees and Charges for Fiscal Year 2007/2008 attached hereto and incorporated herein by reference will not exceed the estimated reasonable cost of providing the community development services and facilities for which the fee is charged; and WHEREAS,the proposed fees are statutorily and categorically exempt from the requirements of the California Environmental Quality Act since citing these fees fits within the statutory exemptions for local agency decisions involving the adoption and collection of rates, tolls and other charges, pursuant to Public Resources Code Section 21080(b)(8) and Section 15273 of the California Environmental Quality Act Guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT: SECTION 1. Adoption of Schedule of Fees. The City Council hereby adopts a fee schedule for the services set forth in the Schedule of Fees and Charges for Fiscal Year 2007/2008 attached hereto and incorporated herein by reference. SECTION 2. Collection of Fees. That the City is authorized to collect the user fees set forth herein. SECTION 3. Effective Date. This resolution shall become effective sixty (60) days from its adoption. PASSED,APPROVED AND ADOPTED ON JULY 16, 2007. Mayor I HEREBY CERTIFFY that the foregoing Resolution was duly adopted at a regular meeting of said City Council on the 16th day of July 2007, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk -2- 0 E 0 CI M a� (D a� m a) ca °I00 f6fB a) C NI Z N i N (1) .a) (1) Q O Q a) :3 0) OI CC C LL C E C, C ea 0 Q Q Q 0Q O Q Q Q' Q 2 U U U U U U U y U U mLn Ln g a ! mCl) U0 U M O; Cl OI M OMI O O O O O n c h O j 00 COI Il 00 n 00 LO 00 O 00 00 N 0 �p N Ni N Ni N N N N N N M N N fA 64 Gq VJj 64 64 ERI Efl 64 Wfl 64 69 69 v N � v O` d CL'a OL o m O 0 V i a N m N E _ a O O O O'. O O tf) 10 (n, C> h t0I h �' n O �� h O a1 0 M M M N M M r M N M 4 M C-5Q a) O V�, ER 64 69' 601,1 64 69 6469 64 ER 69 69 0 :E; J N LL w t N U N C 0) z J ) C � o U N } b Cl O O LO O` O O O O, O O O p co Cl O O r O O O, LO O. O O O U o t0 N N. N N O N N, N N N c N 'a 'C 69 64 64" 64 69; 64, 64 69 6r, 69 .64 69 69 (D m 0 E N y 0 (n R L) .5 C t w p 3 of)i M m � m 0 .> U (D I 1 � I CD m w? (D c CD `0 U `g a? U ro U y o U U Oa) V U N U O G U N `O .0 N = u) U o 0 d Y C O C LL C a) U .O f6 a) CO fyy O N C J M C C U) Q C coLD fn p C F O 'O U 7 Occ O V d E C O to C a m v o w (Da I a cn r eoldrAgU,Or�� /FORTrr rpt CITY COUNCIL PUBLIC HEARING ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUCE A. COLEMAN, ECONOMIC & COMMUNITY DEVELOPMENT DIRECTOR JAMES W. MAKSHANOFF, PUBLIC WORKS DIRECTOR VIA: F. M. DELACH, CITY MANAGER / DATE: JULY 16, 2007 ��L��L !!liii SUBJECT: VACATION OF ALLEY LOCATED ON BLOCK 36 NORTHERN PORTION OF ALLEY BETWEEN FOOTHILL BLVD.AND 6T" STREET RECOMMENDATION Staff recommends that the City Council hold a public hearing and adopt the attached resolution entitled:"A RESOLUTION OFTHECITY COUNCIL OFTHE CITY OFAZUSAORDERING THE CONDITIONAL VACATION AND ABANDONMENT OFA PORTION OF THE ALLEY WEST OF ALAMEDA AVEN UE BETWEEN FOOTHILL BOULEVARD AND 6T" STREET IN THE CITY OF AZUSA". BACKGROUND On February 6,2006,the Agency Board approved an Exclusive Negotiation Agreement(ENA)between the Redevelopment Agency of the City of Azusa("Agency")and Lowe Enterprises Real Estate Group- West, Inc. ("Developer") for the development of Block 36 (the "Project"). The Project site is approximately 2.85 acres and is generally bounded by Azusa Avenue on the west, Foothill Boulevard on the north,Alameda on the east and 6th Street on the south (the "Site"). On January 16, 2007, the Agency held a joint public hearing and approved entering into a Disposition and Development Agreement("DDA")with the Developer for the development of the site as a quality mixed-use project consistent with the General Plan and Development Code. Under the approved DDA the portion of the alley that is proposed to be vacated was part of the Site to be conveyed to the Developer for the Project. On February 20, 2007 the Agency Board awarded the demolition and abatement contracts to Interior Demolition Inc. The demolition included the removal of the asphalt located within the alley that is proposed to be vacated. The demolition work has been completed Page z of a July 16,2007 Honorable Mayor and Members of the City Council Vacation of Alley on Block 36 Northern Portion of Alley Between Foothill Blvd.and 6t"Street On June 6, 2007,Staff and the Developer met with the utility companies to discuss the proposed alley vacation process,the underground utilities plan for Block 36,the timing for relocation/construction of the new utilities,and to determine the new location of the utilities easement to be relocated on site. It was determined that given the timing needed for the various utility companies to coordinate the work with the Developer and for the Developer to perform the work that the proposed alley vacation will be conditioned on the completion and securing of the easement elsewhere on the Site to the satisfaction of all the parties. On June 18, 2007,the City Council took the first step in the vacation process and adopted Resolution No. 07-052, and set the public hearing date of July 16, 2007 to receive comments and consider the proposed alley vacation. Subsequent to the June 18, 2007 meeting, the Fire and Police Departments and all utility companies were notified via certified mail of the proposed alley vacation and date of the public hearing as established by Resolution No.07-052.Additionally,notices of the vacation were duly posted on the site and published in the newspaper as required by law(See Exhibit A).The Developer has prepared a plan for the relocation of the utilities that are currently located in the alley and an alternative location,which they are coordinating with the utility companies. In addition,the Developer has delivered an alternative means of access. Staff has determined that the portion of the proposed vacated alley is not needed for public access or circulation purposes and utility easements could be accommodated elsewhere on the Site. Therefore, staff proposes that this northerly portion of the alley be vacated. Alternative access and easements will be provided as part of the alley vacation process as the Developer coordinates for the undergrounding of the utilities with the utility companies(See Exhibit B).At the time of this report, the Agency staff has not received any inquiries or concerns from any of the utility companies or the general public regarding the proposed alley vacation. The Developer and the utility companies are coordinating and designating an area to locate the new easement to accommodate the trench for the underground utilities.As a result,an easement will not be retained nor required within the area of the proposed alley vacation. The timing for completion for the underground utilities and recorded easement requires that the City condition the vacation upon the successful completion of the underground utilities and recorded easement. FISCAL IMPACT: There will be no fiscal impact to the City's general fund. The proposed vacated portion of the alley will become part of the development project Site and will assist in the generation of tax increment to the Agency and sales tax to the City. Prepared by S. Benavides Attachments: t) Resolution - z) Public Hearing Notice&Map(Exhibit A) 3) Map with Alternative Easement(Exhibit B) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ORDERING THE CONDITIONAL VACATION AND ABANDONMENT OF A PORTION OF THE ALLEY WEST OF ALAMEDA AVENUE BETWEEN FOOTHILL BOULEVARD AND 6TH STREET IN THE CITY OF AZUSA WHEREAS, the City Council of the City of Azusa, on the 18`h day of June, 2007, adopted Resolution No. 07-052, declaring its intention to vacate that northerly portion of the alley located west of Alameda Avenue between Foothill Boulevard and 6`h Street, which is not necessary for present or prospective public access purposes; and WHEREAS, notices of said vacation have been posted in the time, form, and manner required by law; and WHEREAS, a public hearing on the matter was held on the 16`h day of July 2007 as prescribed by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: Section 1. That the following described portion of alley is unnecessary for present and prospective public use, and that the public interest, necessity and convenience require that the City.Council of said City hereby order the vacation and abandonment of said alley: That portion of that certain 20 foot wide alley between Azusa Avenue and Alameda Avenue from the south side line of Foothill Boulevard, 100 feet wide, to the southeast corner of Lot 19 and southwest corner of Lot 46, 275 feet south of Foothill Boulevard as shown on the map of Azusa as per map recorded in Book 15, Pages 93 to 96, inclusive, of Miscellaneous Records, records of said county. Section 2. That the City Council of the City of Azusa does hereby determine that the public convenience and necessity does not require that easements and access be retained within the alley proposed to be vacated and maintenance of utilities within the limits of said portion of the alley as described in Section I and that the, utilities and easement will be relocated elsewhere and said alley vacation be conditioned upon the successful completion of the underground utilities and recording of an alternative easement. Section 3. That the City Clerk of the City of Azusa shall cause a certified copy of said order to be recorded in the office of the Recorder of Los Angeles County. Section 4. This resolution shall take effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 16' day of July, 2007. Mayor 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the City of Azusa at a regular meeting thereof, held on the 16' day of July, 2007. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: City Clerk NOTICE OF PROPOSED VACATION THE PUBLIC WILL HEREBY TAKE NOTICE THAT The City Council of the City of Azusa, California, by Resolution No. 07-052 adopted on the 18th day of June, 2007, declared its intention to vacate and abandon a portion of the alley described as follows: That portion of that certain 20 foot wide alley between Azusa Avenue and Alameda Avenue from the south side line of Foothill Boulevard, 100 feet wide, to the southeast comer of Lot 19 and southwest corner of Lot 46, 275 feet south of Foothill Boulevard as shown on the map of Azusa as per map recorded in Book 15, Pages 93 to 96, inclusive, of Miscellaneous Records, records of said county. Said portions of the street as above described, are shown on the official map of the City of Azusa, at the Office of the Community Development Department of said City, to which all parties interested are referred for particulars as to the proposed vacation and abandonment. Notice is further given that theses proceedings are taken under provisions of Sections 8300 to 8400, inclusive, of Streets and Highways Code of the State of California, as amended. The City Council hereby fixes the 16v' day of July, 2007 at the hour of 7:30 P.M., or as soon thereafter as the matter can be heard, in the Council Chambers of City Hall, 213 E. Foothill Boulevard, Azusa, California, as the place for conducting a public hearing on said proposed vacation and abandonment shall be given an opportunity to voice their objections or approval for or against said proposed vacation and abandonment. Dated this: 20th day of June, 2007 Publish: June 28, 2007 & July 5, 2007 Vera Mendoza, City Clerk City of Azusa Exhibit A 00 FOOTHILL BLVD 74 0 0 �2 80. 20 20 20 20 JOG D N r CIO N G O K D A W N� — O (D v m N .P W N — M VII — p Q W w u D 20 2020 14.0 ` N N N 60 l00 VI pOi U N � N 4 O T t0 Q J A W m J pD O (n N o - w W N 8 N a 0 D N W rn O w 31> w N OLD 140 N N 4o.ld loa N Ir N o m N o N Lo 1D `° I o® o ro Q D D < ----- -- m < r7t w q N Bo lao NW N eo 40-0.q.1 /00 roo o a a T 0 o w n,� u 0 67H S T. o 1 � w c o uC�n ° Proposed portion of Alley ° w To be vacated i a � w pp MOIW C :J� bgyMN��tiuq 'e��OCe♦OW � n a o�j°oo'0eo'o w A o8 U Rc°op^ w o a �oo4WpY Pe.W1. ! Z 3 A uh 000000�O � wy MNMN M4 yioC i11iu Wp W�Q1yA M�Ory,�,i}}1LLF�'p wN N4Sr NP&,O m°' ._► L -J _ p00 FOOTHILL BLVD r 0m m u Exhibit B i so 20 200 20 20 too s � N ® O N _ , O '\ NO D14 V1 O K A W N — O Lo Ol Ny M fA W N — rn NN b \ H c D 10 •b 20 20 20 - rr 140 an G o u N OA 5i LD (� J O D m N o CD W 1 C W N E N a 1 .y N W w �• N r0 A yy� o e N .rn ® v ao.rm Ioa m N I r- m I I> D 0 ®d ;moo N � D D N----- -- a < M N O w ftl u W ® o soIdo N 2O an.oe. Boa too 010 H D O 0 E O o ° 6T" ST. Alley Proposed to be vacated n > Proposed Alternative Utility easement and access i � 3a a�a000^^cw^ Za oEeep°o°o^e N 3 A uh ory OOOoo � Nh MMhM���su`�Y oo Wa NNM . .. Ne�Or�Y hammy V_ �j OF.g2G U M AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ALAN KREIMEIER, ADMINISTRATIVE SERVICES DIRECTOR/ CFO VIA: F. M. DELACH, CITY MANAGERLfj"� DATE: JULY 16, 2007 SUBJECT: ADOPTION OF FISCAL YEAR 2007-08 CAPITAL IMPROVEMENT PROGRAM AND BUDGET RECOMMENDATION: It is recommended that the City Council adopt the proposed Capital Improvement Program (CIP) and budget for fiscal year 2007-08. BACKGROUND: The CIP, attached to this report, includes new projects as well as projects approved in the prior years budget but incomplete when the new fiscal year began (carryovers). There are thirteen new projects for FY 2007-08 and one ongoing project requesting additional funding. The CIP was distributed at the meeting of July 2 for Council review and consideration prior to adoption. The proposed CIP Budget includes $2.1 million for the 5`h year of the Pavement. Management Program, which will require $600,000 million in General Fund reserves, as well as $250,000 for sidewalk/ concrete construction and repairs (if necessary grant funds can be secured). Additionally, the CIP request includes $200,000 from the Public Works Endowment Fund to Rehabilitate the National Guard Armory for recreational and community use. FISCAL IMPACT: Approval of funding for new and carryover capital projects as identified in the attached Capital Projects Appropriation Summary would result in all funds capital appropriations of $55,639,229 for FY 2007-08. ATTACHMENTS: 1 .. FY 2007-08 Capital Projects Appropriations Summary 2. Project Budget Request Forms 3. FY 2006-07 Carry Over Project Funding CADOCUME—Ibpe on\L C —1\Temp\CIP Agmda AaH Rpt 07.do 2 ATTACHMENT 1 FY 2007-08 CAPITAL PROJECTS APPROPRIATION SUMMARY Ca hal Utility Facilities General Gas Tax Propc Park-in-Lieu Projects Water Sewer Mitigatlon Endowment New Projects for 2007108 Admin.Svcs. Office Relocation to L&W Bldg. 60,000 60,000 PW Concrete Replacement 250,000 250,000 PW Pavement Management Year V 2,100,000 600,000 320,000 1 180,000 PW City-Wide Traffic Signal Synchronization 100,000 100,000 PW Alosta/Foothill Intersection 1,100,000 1,100000 PW Enid Storm Drain 400,000 400,000 PW 5th and Virginia Sewer Line 25.000 25,000 Recreation Armory Renovation 200,000 200,000 Recreation Veterans Park-Trail System 40,000 21,000 19-000 Recreation Northside Park Irriciation U r ade 145,000 145,000 Recreation . Northside Park-Walking Path 9,500 9,500 Recreation Zacatecas SeatingWall 29000 29,000 Recreation Refurbish Senior Center Rec.Room 15 000 15,000 Water SCADA/Fiber Line EMnsion (Project 72101 G) r 215,000 215,000 41688.500 600 000 320,000 1,100,000 30 500 398,000 360,000 425 000 1 180 000 275 000 Additional appropriation re uested for FY 2007-08. CIP 0748 Semm.Altac I Project Budget Request Form Project Title: Pavement Mgmt. Yr. 5 Category: Essential CIP Number: New Location: City Wide Lead Department: Public Works Project No: Initiated By: James Makshanoff Total Cost: $2,100,000 Initial Submittal Date: 4/5/2007 Start Date: 7/1/2007 Description of Improvements: Project Priority within CIP Category:_ Repavement of over 15 miles of City Streets in the southern section of the City. X❑ Essential (start within I yr.) ❑ Necessary (start within 1 to 3 yrs.) Justification or Significance of Improvement: The Pavement Management Plan was put into place in 2002, the City is now about to finish ❑ Desirable (start within 3 to 5 yrs.) the last year in the plan.After Year 5 is completed, 85%of the City's street will have been renaved. ❑ Deferrable (start within 5 to 10 yrs.) Capital Budget Cost I § ll'er7u1 °I 3ui 3C1,, (Non-Recurring Costs) 2007/08 1 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 1 Totals Planning/Design 0 Land/ROW/Acquisitions $0 Construction $2,100,000 $2,100,000 Equipment/Fumishings $0 Other Costs 0 Total Cost 72,100,000 0 0 0 0 0 0 2,100,000 Project Staffing Costs Fund Source Fund No. $0 Gas Tax $320,000 $320,000 Utility Mitigation $1,180,000 $1,180,000 General Fund $600,000 $600,000 $0 $0 $0 $0 $0 0 Annual Opera in & Maintenance Cost so Funding Limitations: Comments: Attachment 3 FY 2006-07 Carry Over Project Funding Balance Remaining Project# Project Description Project Cost 6-30-07 Carry Over Projects 11006A Renovate City Hall Admin 50,000 50,000 31007A Interior Paint PD 70,000 70,000 31007B Jail Renovation- PD 92,000 87,509 41007D Memorial park roof replacement 85,000 85,000 41007H Parks stem Restroom Remodel 40,000 11,760 410071 Pioneer Park Gazebo 25,000 22 846 42003H Angeleno Park 50,000 50,000 42003) Interpretive Gardens 350,000 36;124 54307A Senior Center Boiler System 25,000 25,000 66105A Rosedale Traffic Mitigation 1,648,125 1,648,125 66106A 661066 Intersection Improvements/ Synchronization 165,000 165,000 66107A Concrete retaining wall PQ 1st street dumpsite 35,000 35,000. 66204A Citywide Concrete Im v 104,762 104,762 66207A Pedestrian Crossings 200,000 200,000 66503A Sewer Master Plan Construction 2,256,947 2,211,722 66603A Remodeling of Light Building at the yard 200,570 200,570 66603B Women's Club Improvements 39,498 36,915 66607A Paint Beams-Womans Club Interior 25,000 25,000 66607B Re-model electrical Office 180,000 180 000 66607C New security ate for PW yard 20,000 20,000 66607D Gas Tank Removal PW Yard 75,000 75,000 66607E LED Marquee Sin . 47,000 10,007 66607E Memorial Park Gym HVAC 139,000 19,485 72101 C Rockvale booster upgrade 150,000 150,000 72101G Radio Control for SCADA 121,445 82,885 72103C Forest Service Gateway and Gardens 928,299 24,320- 72103E 4,32072103E Uporade to Can on Filter Plant 570,441 334,182 72104D Water Main Replacement 1,865,703 1,023,313 72106A Gladstone Water Yard Improvements 255,000 255,000 72106B Rosedale meter upgrades 1,146,000 1,146,000 72106C Vehicle replacement/Rosedale 230,000 70,084 72106F Work management system /Water 390,000 390,000 72107A Rosedale Reservoirs 8,000,000 7,879,569 72107B Replacement of various Water 7,500,000 2,681,015 72107C Canyon Filtration System 35,905,500 29,952,572 72107D Reservoir Maint& Im v 200,000 200,000 72107E Road Extension to Well 6 45,000 45,000 72107E Landscape to Heck Reservoir 75,000 75,000 73006C Rosedale electric infrastructure 250,000 100,802 73006D Work management system/Light 210,000 210,000 73007A Gladstone Circuit Conduit 600,000 600,000 73007B Azusa Substation Facilities 75,000 75,000 73007C Electric Data Conversion 250,000 250,000- 92107A Construct Interior wall and Doors Personnel Det 25,000 22,602 93006A Upgrade to AvayaNerizon Phone 13,560 13,560 64,728,850 50 950,729 ORDINANCES TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT B. GARCIA, CHIEF OF POLICE VIA: F.M. DELACH, CITY MANAGER,�IVn DATE: JULY 16, 2007 SUBJECT: AN ORDINANCE OF THE CITY COUNCIL RESTRICTING IMITATION FIREARMS (TOY OR REPLICA GUNS) RECOMMENDATION It is recommended that City Council consider any public comments during the public hearing, waive further reading, read by title only and introduce the following Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 46, ARTICLE X OF THE AZUSA MUNICIPAL CODE REGARDING RESTRICTIONS FOR IMITATION FIREARMS (TOY OR REPLICA GUNS) EXECUTIVE SUMMARY The proposed Ordinance adds new language to the Azusa Municipal Code to: (1) prohibit the possession of imitation firearms by minors; (2) prohibit the sale and/or distribution of imitation firearms to minors; and (3) prohibit displaying or exposing any imitation firearm in a public place. The proposed Ordinance includes,a definition of imitation firearms to include any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm. In addition, the term "BB device" means any instrument that expels a projectile, such as a BB or. a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun. The proposed Ordinance also adds criminal and administrative penalties, including revocation of business licenses when applicable, and declares that the criminal and administrative penalties imposed are in addition to any State penalties. BACKGROUND (�d/ 6 The Azusa Municipal Code currently prohibits minors from possessing firearms (unless at a shooting range with parental authorization). However, the Code does not contain any language that specifically prohibits minors from possessing imitation firearms, also known as toy guns or replica guns. City Council Members and City staff have expressed concerns that the sale and distribution of imitation firearms to minors by local ice cream vendors is becoming a serious problem. For example, the Azusa Police Department recently received a call that children were playing in a public area with what appeared to be handguns. A potentially tragic situation was avoided because the responding police officers identified the handguns as imitation firearms. It was later discovered that the imitation firearms were purchased by the children from a local ice cream vendor. Although the Azusa Municipal Code currently does not prohibit imitation firearms, the California Penal Code specifically prohibits selling or furnishing imitation firearms to minors. In addition, the Penal Code prohibits openly displaying or exposing any imitation firearm in a public place. The Penal Code also imposes specific penalties and fines for applicable violations. These Penal Code provisions have been incorporated into the proposed Ordinance with regard to penalties, prohibitions on displaying imitation firearms in public, and definitions of imitation firearms and BB devices. Regarding penalties, the proposed Ordinance adds new section 46-438 to impose specific penalties for violating restrictions on imitation firearms. The penalties provide that any violation of these provisions can be criminally prosecuted as a misdemeanor. In addition to criminal penalties, the City can impose administrative fines against the violator. Also, if the violator has a current City business license, the City can revoke the license under its existing procedures in the Azusa Municipal Code. The proposed ordinance also declares that the penalties it provides are in addition to any applicable penalties under State law. In effect, a person who violates the provisions of the proposed ordinance could be prosecuted by the City for a misdemeanor, cited for an administrative fine, lose their business license (if applicable), and also be subject to penalties under State law.. In addition, the proposed ordinance adds language to existing sections 46-432 and 46- 433 of the Azusa Municipal Code to define imitation firearms, prohibit minors from possessing imitation firearms and to prohibit anyone from selling or furnishing imitation firearms to minors. The proposed ordinance also adds new section 46-437 to prohibit anyone from openly displaying or exposing any imitation firearm in a public place. FISCAL IMPACT Adoption of the proposed Ordinance is not anticipated to create a fiscal impact because it merely amends the Azusa Municipal Code by expanding the existing prohibitions on possession of firearms by minors to include imitation firearms. ENVIRONMENTAL IMPACT 2 The proposed Ordinance is not an activity subject to the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section 15060(c)(2) and (c)(3) [the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment; the activity is not a project under Section 15378]. 3 ORDINANCE NO. 2007 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 46, ARTICLE X OF THE AZUSA MUNICIPAL CODE REGARDING RESTRICTIONS FOR IMITATION FIREARMS (TOY OR REPLICA GUNS) WHEREAS, California Penal Code sections 12500 through 12556 regulate the sale and distribution of imitation firearms, including BB devices; and WHEREAS, the existing provisions in the Azusa Municipal Code do not address imitation firearms; and WHEREAS, the City Council and City staff have expressed concerns over the dangers of imitation firearms begin sold and distributed to minors; and WHEREAS, the City Council desires to amend the Azusa Municipal Code to provide restrictions on the sale and distribution of imitation firearms to minors as well as to prohibit the possession of imitation firearms by minors. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: SPrtion 1. Section 46-432 of Chapter 46, Article X is hereby amended to read as follows: "Sec. 46-432. Possession by minors. (a) Except as otherwise provided for in this article, it is unlawful for any minor person under the age of 18 years to have in his or her possession or under his or her control, care or custody any gun, revolver, pistol, firearm, spring gun, airgun, air rifle, sling, slingshot or device designed or intended to discharge or capable of discharging any dangerous missile, cartridge, projectile or any device containing any explosive substance designed or intended to be used in or fired from any gun, pistol or firearm. (b) Except as otherwise provided for in this article, it is unlawful for any minor person under the age of 18 years to have in his or her possession or under his or her control, care or custody any imitation firearm. As used in this article, "imitation firearm" means any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm. As used in this article, the term "BB device" means any instrument that expels a projectile, such as a BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun." SPrtion 2. Section 46-433 of Chapter 46, Article X is hereby amended to read as follows: 1 . "Sec. 46-433. Providing to minors. Except as otherwise provided for in this article, it is unlawful for any person to sell, give, loan or in any way furnish or to cause or permit to be sold, given or loaned or in anyway furnished to any minor person under the age of 18 years any gun, revolver, pistol, firearm, imitation firearm, spring gun, airgun, air rifle, sling, slingshot or device designed or intended to discharge or capable of discharging any dangerous missile, cartridge, projectile such as a BB or a pellet not exceeding 6mm caliber, or any device containing any explosive substance designed or intended to be used in or fired from any gun, pistol or firearm." This section shall not apply to or include any person who loans, gives or furnishes to any minor person under the age of 18 years any firearm or weapon or device when and only when it is so loaned, given or furnished with the express or implied permission of the parent or legal guardian of the minor and is for the purpose of such minor person under 18 years of age actually participating in shooting at any designated target ranges described in Section 46-435, or while traveling to or returning from such target ranges." Section 3. New section 46-437 of Chapter 46, Article X is hereby added to read as follows: "Sec. 46-437. No Public Display of Imitation Firearms. No person may openly display or expose any imitation firearm, as defined in this article, in a public place. For purposes of this section, the term "public place" means an area open to the public and includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, front yards, parking lots, playgrounds, automobiles, whether moving or not, and buildings open to the general public, including those that serve food or drink, or provide entertainment, and the doorways and entrances to buildings and dwellings. Violation of this section is subject to any and all penalties provided for in this article, as well as any applicable penalties under State law. This section shall not apply under the specific circumstances provided for in California Penal Code section 12556, subdivisions (d)(1) through (d)(13)." qentonn 4. New section 46-438 of Chapter 46, Article X is hereby added to read as follows: "Sec. 46-438. Penalties. (a) Criminal penalties. Any person who willfully violates the provisions of Chapter 46, Article X, sections 46-432 and 46-433 of this Code shall be guilty of a misdemeanor. 2 (b) Administrative penalties. In addition to or in lieu of criminal penalties, an administrative fine or penalty may be imposed as authorized in Chapter 1, section 1-24 of this Code for any violation of Chapter 46, Article X, section 46432 or section 46-433. (c) Revocation or suspension of business license. In addition to the penalties provided in this section, any individual, business, business establishment, vendor, organization, or entity which possesses a valid business license granted by the city and which violates section 46-432 or section 46-433 of this article by selling, distributing, or otherwise furnishing imitation firearms to minors may be subject to revocation or suspension of such business license, pursuant to Chapter 18, Article I, section 18-21 of this Code. (d) State law. The provisions of this section are in addition to any penalties imposed by applicable State law, including but not limited to the California Penal Code, sections. 12550 through 12556." Section 5. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after its adoption. Section 7. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED, AND ADOPTED this 16th day of July 2007. Joseph Rocha Mayor ATTEST: Vera Mendoza City Clerk 3 .OF..- # ORDINANCES TO: HONORABLE MAYOR A D MEMBERS OF THE CITY COUNCIL FROM: ROBERT B. GARCIA, CHIEF OF POLICE f VIA: F.M. DELACH, CITY MANAGER��.� DATE: JULY 16, 2007 SUBJECT: AN ORDINANCE OF THE CITY COUNCIL RESTRICTING IMITATION FIREARMS (TOY OR REPLICA GUNS) RECOMMENDATION . It is recommended that City Council consider any public comments during the public hearing, waive further reading, read by title only and introduce the following Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 46, ARTICLE X OF THE AZUSA MUNICIPAL CODE REGARDING RESTRICTIONS FOR IMITATION FIREARMS (TOY OR REPLICA GUNS) EXECUTIVE SUMMARY The proposed Ordinance adds new language to the Azusa Municipal Code to: (1) prohibit the possession of imitation firearms by minors; (2) prohibit the sale and/or . distribution of imitation firearms to minors; and (3) prohibit displaying or exposing any imitation firearm in a public place. The proposed Ordinance includes a definition of imitation firearms to include any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm. In addition, the term "BB device" means any instrument that expels a projectile, such as a BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun. The proposed Ordinance also adds criminal and administrative penalties, including revocation of business licenses when applicable, and declares that the criminal and administrative penalties imposed are in addition to any State penalties. BACKGROUND The Azusa Municipal Code currently prohibits minors from possessing firearms (unless at a shooting range with parental authorization). However, the Code does not contain any language that specifically prohibits minors from possessing imitation firearms, also known as toy guns or replica guns. .City Council Members and City staff have expressed concerns that the sale and distribution of imitation firearms to minors by local ice cream vendors is becoming a serious problem. For example, the Azusa Police Department recently received a call that children were playing in a public area with what appeared to be handguns. A potentially tragic situation was avoided because the responding police officers identified the handguns as imitation firearms. It was later discovered that the imitation firearms were purchased by the children from a local ice cream vendor. Although the Azusa Municipal Code currently does not prohibit imitation firearms, the California Penal Code specifically prohibits selling or furnishing imitation firearms to minors. In addition, the Penal Code prohibits openly displaying or exposing any imitation firearm in a public place. The Penal Code also imposes specific penalties and fines for applicable violations. These Penal Code provisions have been incorporated into the proposed Ordinance with regard to penalties, prohibitions on displaying imitation firearms in public, and definitions of imitation firearms and BB devices. Regarding penalties, the proposed Ordinance adds new section 46-438 to impose specific penalties for violating restrictions on imitation firearms. The penalties provide that any violation of these provisions can be criminally prosecuted as a misdemeanor. In addition to criminal penalties, the City can impose administrative fines against the violator. Also, if the violator has a current City business license, the City can revoke the license under its existing procedures in the Azusa.Municipal Code. The proposed ordinance also declares that the penalties it provides are in addition to any applicable penalties under State law. In effect, a person who violates the provisions of the proposed ordinance could be prosecuted by the City for a misdemeanor, cited for an administrative fine, lose their business license (if applicable), and also be subject to penalties under State law. In addition, the proposed ordinance adds language to existing sections 46-432 and 46- 433 of the Azusa Municipal Code to define imitation firearms, prohibit minors from possessing imitation firearms and to prohibit anyone from selling or furnishing imitation firearms to minors. The proposed ordinance also adds new section 46-437 to prohibit anyone from openly displaying or exposing any imitation Firearm in a public place. FISCAL IMPACT Adoption of the proposed Ordinance is not anticipated to create a fiscal impact because it merely amends the Azusa Municipal Code by expanding the existing prohibitions on possession of firearms by minors to include imitation firearms. ENVIRONMENTAL IMPACT 2 The proposed Ordinance is not an activity subject to the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section 15060(c)(2) and (c)(3) [the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment; the activity is not a project under Section 15378]. 3 ORDINANCE NO. 2007 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 46, ARTICLE X OF THE AZUSA MUNICIPAL CODE REGARDING RESTRICTIONS FOR IMITATION FIREARMS (TOY OR REPLICA GUNS) WHEREAS, California Penal Code sections 12500 through 12556 regulate the sale and distribution of imitation firearms, including BB devices; and WHEREAS, the existing provisions in the Azusa Municipal Code do not address imitation firearms; and WHEREAS, the City Council and City staff have expressed concerns over the dangers of imitation firearms begin sold and distributed to minors; and WHEREAS, the City Council desires to amend the Azusa Municipal Code to provide restrictions on the sale and distribution of imitation firearms to minors as well as to prohibit the possession of imitation firearms by minors. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 46-432 of Chapter 46, Article X is hereby amended to read as follows: "Sec. 46-432. Possession by minors. (a) Except as otherwise provided for in this article, it is unlawful for any minor person under the age of 18 years to have in his or her possession or under his or her control, care or custody any gun, revolver, pistol, firearm, spring gun, airgun, air rifle, sling, slingshot or device designed or intended to discharge or capable of discharging any dangerous missile, cartridge, projectile or any device containing any explosive substance designed or intended to be used in or fired from any gun, pistol or firearm. (b) Except as otherwise provided for in this article, it is unlawful for any minor person under the age of 18 years to have in his or her possession or under his or her control, care or custody any imitation firearm. As used in this article, "imitation firearm" . means any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm. As used in this article, the term "BB device" means any instrument that expels a projectile, such as a BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun." Section 2. Section 46-433 of Chapter 46, Article X is hereby amended to read as follows: 1 . "Sec. 46-433. Providing to minors. Except as otherwise provided for in this article, it is unlawful for any person to sell, give, loan or in any way furnish or to cause or permit to be sold, given or loaned or in anyway furnished to any minor person under the age of 18 years any gun, revolver, pistol, firearm, imitation firearm, spring gun, airgun, air rifle, sling, slingshot or device designed or intended to discharge or capable of discharging any dangerous missile, cartridge, projectile such as a BB or a pellet not exceeding 6mm caliber, or any device containing any explosive substance designed or intended to be used in or fired from any gun, pistol or firearm." This section shall not apply to or include any person who loans, gives or furnishes to any minor person under the age of 18 years any firearm or weapon or device when and only when it is so loaned, given or furnished with the express or implied permission of the parent or legal guardian of the minor and is for the purpose of such minor person under 18 years of age actually participating in shooting at any designated target ranges described in Section 46-435, or while traveling to or returning from such target ranges." Section 3. New section 46-437 of Chapter 46, Article X is hereby added to read as follows: "Sec. 46-437. Public Display of Imitation Firearms. No person may openly display or expose any imitation firearm, as defined in this article, in a public place�For purposes of this section, the term "public place" means an area open to the public and includes, but is not limited to, streets, sidewalks, bridges, e alleys, plazas, parks, driveways, front yards, parking lots, playgrounds, automobiles, whether moving or not, and buildings open to the general public, including those that Aserve food or drink, or provide entertainment, and the doorways and entrances to �K( buildings and dwellings. Violation of this section is subject to any and all penalties provided for in this article, as well as any applicable penalties under State law. This section shall not apply under the specific circumstances provided for in California Penal k \Code section 12556, subdivisions (d)(1) through (d)(13)." section 4. New section 46-438 of Chapter 46, Article X is hereby added to ad as follows: a "Sec. 46-438. Penalties. (a) Criminal penalties. Any person who willfully violates the provisions of Chapter 46, Article X, sections 46-432 and 46-433 of this Code shall be guilty of a misdemeanor. 2 (b) Administrative penalties. In addition to or in lieu of criminal penalties, an administrative fine or penalty may be imposed as authorized in Chapter 1, section 1-24 of this Code for any violation of Chapter 46, Article X, section 46-432 or section 46-433. (c) Revocation or suspension of business license. In addition to the penalties provided in this section, any individual, business, business establishment, vendor, organization, or entity which possesses a valid business license granted by the city and which violates section 46-432 or section 46-433 of this article by selling, distributing, or otherwise furnishing imitation firearms to minors may be subject to revocation or suspension of such business license, pursuant to Chapter 18, Article I, section 18-21 of this Code. (d) State law. .The provisions of this section are in addition to any penalties imposed by applicable State law, including but not limited to the California Penal Code, sections 12550 through 12556." Section 5. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions.might subsequently be declared invalid or unconstitutional. Section 6, This Ordinance shall become effective thirty (30) days after its adoption. , i .S'Pctlnn 7. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED, AND ADOPTED this 16th day of July 2007. Joseph Rocha Mayor ATTEST: Vera Mendoza City Clerk 3 V; v C'�(fFOPr�P. CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY,JULY 2,2007—6:30 P.M. The City Council of the CityofAzusa met In regular session at the above date and time in the Azusa Auditorium. CEREMONIAL Ceremonial Certificates of Appreciation were presented to Brownie Troop 902 members as follows: Cert of Apprec Frankie Maldonado, Stephanie Gonzales, Alma Romo, Alma Bautista, Autumn Nunez, Brownie Troop Cassandra Huerta, Annabella, Victoria Jacobs, Xandria Garcia, Graciela Meza, Makenna 902 Mayor Gonzales, Kayla Smith, Miranda Dominguez, Jazmin Davis, Mariela Arroyo, Gisel Jaimes, Rocha Sharon, Gina, Trinity Ruelas, and Brenda Gonzales. Certificates were also presented to Honorary Leaders as follows: Melisa Reynoso, Albert Reynoso, Ana Gonzales and Osiris Jacobs. Member (Some members were not in attendance at the meeting.) Mayor Rocha was presented with a pin and became an honorary member of Troop 902. The Swearing In Ceremony took place for the following new Officers: Robert Chivas, Oath to new Matthew Hendricks, Bertha Parra, and William Johnson. Promotional Acknowledgments of Police Officer Corporal Jason Kimes,Jorge Sandoval, and Randy Schmidt were also held. &Promotions CLOSED SESSION - Closed Sess Mr. Jorge Rosales addressed Real Property Negotiation item regarding 740 N. Dalton J. Rosales Avenue, stating that the city is negotiating the potential sale of the senior center. He stated Comments that he originally thought it was just the three Dalton properties and now they are Including the senior center to sell to Watt Genton developer for the Downtown North. The City Council recessed to Closed at 7:11 p.m.to discuss the following: - Recess CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov. Code Sec. 54956.9 Conf w/Legal JaU P. Hoh v. City of Azusa et ai. Case No. CV06-3603 MRP(RCx) Cnsl Hoh CONFERENCE WITH LABOR NEGOTIATOR (Gov.Code Sec. 54957.6) Conf w/Labor Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiator Organizations/Employee: APOA AND CAPP APOA&CAPP CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec. Conf w/Legal 54956.9(a)) Case Name: Scott Witter v. City of Azusa - Cnsl Witter Worker's Compensation Appeals Board Case No.VN00530133 REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.81 Real Prop Neg Property Address: 303 E. Foothill Boulevard,Azusa, CA 91702 303 E. Foothill Negotiating Parties: Marla Lopez,Tenant Maria Lopez .Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Tenant Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.8) Real Prop Neg Property Address: 303 E. Foothill Boulevard, 716 N. Dalton Avenue, 726 N. Dalton Dalton Prop Avenue, 728 N. Dalton Avenue, 740 N. Dalton Avenue,Azusa, CA 303 Foothill 91702 716, 726, 728, Negotiating Parties: Watt Genton Associates, LP 740 N. Dalton Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment L ' REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.8) Real Prop Neg Address: 1120 West Foothill Boulevard,Azusa,CA 91702 1120 W. Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Foothill Negotiating Parties: S A S Foods Under Negotiation: Price and Terms of Payment - REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Real Prop Neg Address: 1 140 West Foothill Boulevard,Azusa, CA 91702 1140 W. Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Foothill Negotiating Parties: Price Self Storage Under Negotiation: Price and Terms of Payment _ REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.8) Real Prop Neg Address: 1030 West Foothill Boulevard,Azusa, CA 91702 1030 W. Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Foothill Negotiating Parties: R B Fiberfab Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.8) Real Prop Neg Address: 1020 West Foothill Boulevard,Azusa,CA 91702 1020 W. /agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Foothill Negotiating Parties: Pro Auto Electric Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov. Code Sec.54956.8) Real Prop Neg Address: 1100 West Foothill Boulevard,Azusa,CA 91702 1100 W. Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Foothill Negotiating Parties:" Melco Steel Inc. Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.8) Real Prop Neg Address: 1050 West Foothill Boulevard,Azusa, CA 91702 1050 W. Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Foothill Negotiating Parties: Corky's Place Under Negotiation: Price and Terms of Payment The City Council reconvened at 7:45 p.m. City Attorney Carvalho advised that there was no No Rpts reportable action taken in Closed Session, only the first Item listed was discussed, the One item remaining items will be discussed at the end of the Council meeting. 7:45 P.M.- REGULAR MEETING OF THE CITY COUNCIL. Rglr Mtg Mayor Rocha called the meeting to order. Call to Order Mr.Jorge Rosales led in the salute to the Flag. Flag Salute INVOCATION was given by Pastor Samuel Martinez of Christian Faith Center of the Valley Invocation ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho, City Manager Delach, Azusa Police Chief Garcia, Director of Public Works/Assistant City Manager Makshanoff Economic Development Director Coleman, Tierra West Consultant Jose Ometeod, Public Information Officer Quiroz, Director of Recreation and Family Services Jacobs, Controller Aguilar, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr. Ralph Pina voiced concern regarding rent Increases at the low-income apartment R. Pina building where he resides. City Manager Delach responded to Mr. Pina's concerns stating Comments that they are working on the issue. City Attorney Carvalho also responded providing details on the issue and matter regarding the unfair increase by the management of the apartments. He provided contact information in order to discuss the matter with staff. 07/02/07 PAGE TWO Mr. Jorge Rosales addressed item regarding Closed Session Real Property Negotiation for J. Rosales property located at 740 N. Dalton, the Senior Center, stating that the City is interested In Comments selling it. He recommended Council approve handicapped parking adjacent to the public facilities in order to comply with Federal and State law. He asked where the city vehicles will be parked if property at the Transportation yard is sold. He Inquired whether the City has a lease with the Armory. Mr. Art Morales talked about parking motor homes; bad acoustics at Murray School; free A.Morales swim; suggestions for seeking funds; expressed his opposition for additional funding to Comments Chamber of Commerce and asked that an audit of the Chamber be made and placed at the Library; lack of enough information on supplemental budget and referring problems to the City Manager. - Mrs. Barbara Dickerson announced that senior students received over $400,000 in B. Dickerson scholarships; reminded council of the student who was the Gates Millennium Scholarship Comments recipient; stated that she, as well as the Mayor, Chief of Police and representatives from the AUSD, attended Assemblyman Ed Hernandez Summit. She further suggested Public Service Announcements be aired on cable television to announce various activities that go on in the City, and to raise aware levels to the families. REPORTS, UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Rpts/Updates City Manager Delach responded to question regarding the Armory lease, stating that it was Rocha an informational item to Council on January 25, 2007 and came back to Council at a study Comment session with recommendations during the Capital Budget. Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Macias and unanimously Cert of carried to approve Requests for Certificates of Welcome to members of the Sister City Youth Welcome Exchange which will be presented at the July 16, 2007 Council Meeting. Sister City City Manager Delach announced that the Director of Human Resources Cathy Hanson, has City Mgr submitted her resignation from the City and accepted a position with the City of Manhattan Announcement Beach. HR Dir resigned Mayor Pro-Tem Hanks reminded all of the 4'of July and asked all to be safe and smart when Hanks celebrating the holiday. He announced the Flag Raising Breakfast to be held at the Church of Comments Jesus Christ Latter Day Saints at 7 a.m. noting that It is our duty to celebrate our freedom and gratitude. Referring to a letter to the editor, he talked about the Importance of MTA funding the Gold Line. He requested that he and the Mayor form an ad hoc committee in order to review and discuss rules of conduct for Council Meetings. _ Councilmember Macias talked about the right to celebrate 4t° of July, with safe and sane Macias fireworks and stating that no one has the right to endanger others with illegal fireworks; he Comments asked the City Manager to be strict with violators. Fire Chief Bob Hook addressed the fireworks issue stating that every piece of equipment is Fire Chief Hook being manned as well as additional man power in case of fire due to the dry weather; he Comments stated that dry grass and shrubs are the worst In 20 years and asked all resident to be careful. Chief of Police Garcia provided an update stating that the City will be taking a team COP Garcia approach on illegal fire works, and that this is the busiest holiday for fire and police Comment departments' activity; the Public Information Officer has helped with an aggressive campaign, and provided statistics of past 4'° of July holidays. City Manager Delach added that Athens will be providing extra street sweeping on Thursday. Councilmember Macias questioned the CIP noting that he didn't see potential funding for Macias new audio visual equipment for auditorium, new goose neck microphones and new cameras Comments and perhaps a new chair for the person who mans the equipment backstage. He also commented on the first off-site Utility Board Meeting held at Murray School, and suggested that it be tapped and aired. City Manager Delach responded stating that this has high priority and'a request to Charter City Mgr Communications has been made. Response 07/02/07 PAGE THREE Councilmember Carrillo commented on RV parking, congratulated Cathy Hanson, Carrillo encouraged people to visit the Library, Senior Center and Memorial Park gym which are comments being used as cooling centers. He asked that public service announcements regarding canyon dangers and accidents be run on cable TV. Director of Recreation and Family Services Jacobs stated that Memorial Park Cooling Center J.Jacobs is not ready to use as a cooling center, and advised the Senior Center is open from 8:30 Comment a.m.—4:30 p.m.and Memorial Park is open from 7:00 a.m.— 10:00 p.m.for this purpose. Councilmember Gonzales thanked his colleague Councilmember Macias for his help with the Gonzales second annual fundraiser Casino Night; he wished all a safe 4" of July, advised all to have Comments fund, be smart,slow down and avoid tragedies. Mayor Rocha asked that the meeting be adjourned In memory of Pat Morales,and to keep in Rocha prayer Octavio Ramirez and Elaine Par. He asked that drought information be sent to Comments churches. Public Information Officer Quiroz responded that he has sent a notice to every residential and commercial customer In the City. Mr. Rocha asked when the Planning Commission meetings will be televised, when the Ground Breaking for Block 36 will take place, and that meeting for off-site Utility Board, September 24'h and City Hall on the Move, and August 2n° be listed under Upcoming Meetings on the Agenda. He invited all for Palm Tree Planting on July 14, 2007, at 8 am at Northside Park. SCHEDULED ITEMS - Sched Items Economic Development Director Coleman presented the proposed Joint Resolution of the Joint reso Board of Supervisors regarding the proposed annexation of property located at Azusa Brd of supv Avenue and Arrow Highway stating that the Resolution approves the negotiated exchange of &city property tax revenue for that property. The City filed for the annexation with LAFCO and n/e corner of has been working with County staff regarding the issue. LAFCO will notify all interested Azusa and agencies and the CIO will come back with proposed negotiations regarding the property tax Arrow split, which will begin in July 1, 2008, $4,834 in property tax revenue being transferred from B. Coleman L.A. County to the City of Azusa, upon annexation; each fiscal year from then on slightly over Comments 17%of the property tax growth within the territory will then go to the City from the County. The City's Chief Financial Officer has reviewed the formula and found it acceptable; he recommended approval. He responded to questions posed by Councilmembers regarding time frame, plans for the area regarding development proposal, and the process. Councilmember Carrillo offered a Resolution entitled: JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES, Res. 07-057 THE CITY COUNCIL OF THE CITY, OF AZUSA APPROVING AND ACCEPTING THE Joint Resolution NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM THE City and Co. ANNEXATION OF TERRITORY KNOWN AS ANNEXATION 2005-44 TO THE CITY OF AZUSA Approving &Accepting Moved by Councilmember Carrillo, seconded by Mayor Pro-Tem Hanks to waive further Negotiate reading and adopt. Resolution passed and adopted by the following vote of the Council: Exchange Prop Tax AYES: COUNCILMEMBERS: GONZALES., CARRILLO,MACIAS, HANKS, ROCHA Revenue NOES: COUNCILMEMBERS: NONE Annexation ABSENT: COUNCILMFMBERS: NONE - 2005-44 CONSIDERATION OF THE ARCHITECTURAL BARRIERS COMMISSION'S (ABC) PROPOSED ABC Parking PARKING LOT RETROFIT. Director of Public Works/Assistant City Manager Makshanoff Retrofit presented the proposed Parking Lot Retrofit with recommendations from ABC (a) which J. Makshanoff includes two new handicapped spots in the middle of the City Council parking lot and an Comments additional parkingarea by the building; he noted that only one handicapped parking is required, option (b) is to remove one of the handicapped spots so that the same number of parking spaces remains, and option (c) is to remove a planter and a liquid amber tree, and place a handicap space there. Lengthy discussion was held regarding the Issue and it was moved by Councilmember Discussion and Macias, seconded by Councilmember Gonzales and unanimously carried to Implement the Approval ABC recommendation, adding a ramp and to create a Mayor parking spot in the parking lot ABC Rec behind the library. 07/02/07 PAGE FOUR THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AND THE CnCVCRA& AZUSA PUBLIC FINANCING AUTHORITY AT 8:22 P.M.TO ADDRESS THE FOLLOWING: APFA convene IOINT CITY/AZUSA PUBLIC FINANCING AUTHORITY AND AGENCY ITEM APPROVAL OF ISSUANCE OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Tax Allocation AMENDED AND RESTATED MERGED CENTRAL BUSINESS DISTRICT AND WEST END Bonds 2007 REDEVELOPMENT PROJECT AREA TAXABLE TAX ALLOCATION BONDS, 2007 SERIES A, AND Series A TAX ALLOCATION BONDS, 2007 SERIES B; AND DEBT FINANCING DOCUMENTATION Series B ASSOCIATED WITH THE PROPOSED BONDS. Economic Development Director Coleman presented the proposal of the issuance of two B. Coleman series of bonds, Series A and Series B. He thanked Michael Williamsof C.M. de Crinis & Comments Company, Kim Byrens and Sonia Carvalho of BBK, City Manager Delach, Chief Financial Officer Kreimeier, City Treasurer Hamilton and Redevelopment Senior Accountant Jara for their assistance. He recommended approval of the issuance of bonds. Mr. Michael Williams of C.M. de Crinis Financial Advisor, addressed the issue stating that M.Williams investment grade rating was issued which lowered the cost of financing, the bond sale is C.M. de . scheduled in two weeks, with closing by the end of the month, Series A is not to exceed 18 Crinis million dollars which is about 15.7 million dollars and 4 million on Series B. He responded Comments to questions posed by Councilmembers/Board Members regarding the lack of S&P rating, explanation of the debt ratio, size, use of property, explanation of different Interest rates, i.e. Series A-which are taxable bonds, people must pay State and Federal taxes, there will be no restrictions and provides a lot of Flexibility and Series B are the-refinancing of 1997 tax allocation bonds, it smoothes out the debt service and lowers the overall cost of the debt, they are tax exempt; they did not receive an investment grade rating they have a lower coverage ratio and people do not have to pay Income tax. The revenue source is from redevelopment tax increment. Councllmember/Board Member Gonzales noted an error on the Council term expirations on Questions page 20, corrected as follows: Carrillo - 2011 and Gonzales - 2009. Ms. Kim Byrens of &comments BBK, noted changes to the title of the Redevelopment resolution. Staff responded to additional questions regarding interest rate, Amvac Insurance Policy for one year and noted fees. Moved by Councilmember/Board Member Macias, seconded by Mayor Pro-Tem/Board Member Hanks and unanimously carried to take action on the resolutions collectively. - Mayor Pro-Tem Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CIN OF AZUSA, CALIFORNIA,APPROVING Res. 07-058 THE FINANCING OF AMENDED AND RESTATED MERGED CENTRAL BUSINESS DISTRICT Approving AND WEST END REDEVELOPMENT PROJECT AREA BY THE REDEVELOPMENT AGENCY OF Financing THE CITY OF AZUSA AND OTHER MATTERS RELATING THERETO. - Bonds Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Board Member Hanks offered a Resolution entitled: A RESOLUTION OF THE AZUSA PUBLIC FINANCING AUTHORITY, APPROVING THE Res.07-P3 PURCHASE AND RESALE OF BONDS OF THE REDEVELOPMENT AGENCY OF THE CITY OF Approving AZUSA, APPROVING A FORM OF PURCHASE AGREEMENT AND CERTAIN OTHER MATTERS Purchase& RELATING THERETO. Resale Moved by Board Member Hanks, seconded by Board Member Gonzales, to waive further reading and adopt. Resolution passed and adopted by the following vote of the Authority: AYES: BOARD MEMBERS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: BOARD MEMBERS: NONE ABSENT: BOARD MEMBERS: NONE Director Hanks offered a Resolution entitled: 07/02/07 PAGE FIVE A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING Res. 07-1120 THE ISSUANCE OF ITS AMENDED AND RESTATED MERGED CENTRAL BUSINESS DISTRICT Approving AND WEST END REDEVELOPMENT PROJECT AREA TAX ALLOCATION BONDS, APPROVING Trust TRUST INDENTURES, AN ESCROW AGREEMENT, AN OFFICIAL STATEMENT, A PURCHASE Indentures, AGREEMENT SETTING THE MAXIMUM FINAL TERMS OF THE SALE OF THE BONDS AND Escrow Agmt, MAKING CERTAIN DETERMINATIONS RELATING THERETO. Official Stmt, Purchase Agmt, Moved by Director Hanks, seconded by Director Gonzales to waive further reading and etc. adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES,CARRILLO, MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE THE AZUSA PUBLIC FINANCING AUTHORITY ADJOURNED AT 9:02P.M., THE APFAADJN REDEVELOPMENT AGENCY AND CITY COUNCIL CONTINUED. CRA/Cncl IOINT CITY/AGENCY ITEMS continue PURCHASE AND SALE AGREEMENT FOR THE SALE BY THE CITY AND ACQUISITION BY THE Jnt City/CRA REDEVELOPMENT AGENCY OF PROPERTY LOCATED AT 850 W. IOTH STREET MORE Items COMMONLY KNOWN AS THE CITY TRANSPORTATION YARD. Economic Development Purchase& Director Coleman addressed the issue stating this is a joint CounciVAgency item for the Sale Agmt approval of the purchase and sale agreement of the Transportation Yard at 850 W. 10`" 850 W. 10' Street from the City to the Agency; he provided background stating that In June 1993, the Street City purchased the real property located at 850 W. 10Y'Street from Wynn Trust&Dyer Trust for a total purchase price of $828,000, with funds borrowed from the Light.Fund. The property is located in the Merged Redevelopment Project Area of the City of Azusa at l O1 and Vernon and is approximately 82,764 sq, ft. (1.9 acres). The Agency desires to purchase the City Transportation Yard property and City desires to sell by the terms in the Purchase and Sale Agreement. To date, the Light Fund has not been reimbursed by the City and the Redevelopment Agency Is assuming the City's obligation to repay the funds. In late 2006 and early 2007, the Agency purchased several properties as part of the land assembly effort In connection with the Downtown North and proposed Target projects. As part of the - acquisition process the Agency settled with a number of businesses affected by the acquisition, which Included land acquisition, relocation, and business goodwill payments; during acquisition and negotiation phase, some of the businesses expressed Interest to remain in the City of Azusa. The Agency proposes to subdivide the subject property in the near future and potentially relocate some of these businesses to the property. The Agreement provides for reimbursement by the Redevelopment Agency to the City of Azusa in the amount of$1,615,877 for the purchase price, payable by a promissory note secured by a deed of trust. The purchase price is reflective of the City's acquisition price of $828,000 plus 5%simple Interest over a 30 year term. ' Councilmember Carrillo offered a Resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AND THE Res.07-C61 . REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING A PURCHASE AND SALE Approving AGREEMENT BETWEEN THE CITY OF AZUSA AND THE REDEVELOPMENT AGENCY OF THE Purchase& CITY OF AZUSA FOR THE SALE AND ACQUISITION OF REAL PROPERTY LOCATED 850 WEST Sale Agmt Or"STREET IN THE CITY OF AZUSA 850 W. IU4 Street Moved by Councilmember Carrillo, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Director Carrillo offered a Resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AND THE Res.07-1124 REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING A PURCHASE AND SALE- Approving AGREEMENT BETWEEN THE CITY OF AZUSA AND THE REDEVELOPMENT AGENCY OF THE Purchase& CITY OF AZUSA FOR THE SALE AND ACQUISITION OF REAL PROPERTY LOCATED;850 WEST Sale Agmt 10"'STREET IN THE CITY OF AZUSA 850 W. I O' Street 07/02/07 PAGE SIX Moved by Director Carrillo, seconded by Director Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE REDEVELOPMENT AGENCY ADM]NISTRAT]ON/ADVANCE FROM THE CIN. Redevelopment Advance from Director Macias offered a Resolution entitled: City A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY Of AZUSA REQUESTING A Res.07-R21 LOAN FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED REDEVELOPMENT Requesting PROJECT AREA. Loans Moved by Director Macias, seconded by Director Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS FOR Res. 07-059 PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA Authorizing Loans Moved by Councilmember Macias, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE THE REDEVELOPMENT AGENCY RECESSED AND THE CITY COUNCIL CONTINUED AT 9:28 CRA recess P.M. Cncl continued The CONSENT CALENDAR consisting of Items F-I through F-9 was approved by motion of Consent Cal Councilmember Carrillo, seconded by Mayor Pro-Tem Hanks and unanimously carried with Items the exception of items F-2, 4, 5, 6, and 8, which were considered under the Special Call portion of the Agenda. 1. The minutes of the regular meeting of June 18, 2007,were approved as written. Min appvd 2. SPECIAL CALL ITEM. Spec Call 3. The City Treasurer's Report as of May 31, 2007,was received and filed. Treas Rpt 4. SPECIAL CALL ITEM. Spec Call 5. SPECIAL CALL ITEM. Spec Call 6. SPECIAL CALL ITEM Spec Call 7. Approval was given to take a stance In support for the proposed Senate Bill 1028 and Ltr of support the Mayor was authorized, on behalf of the City to send a letter of support for the SB 1028 proposed Senate Bill. 8. SPECIAL CALL ITEM. Spec Call 9. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res. 07-C60 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. 07/02/07 PAGE SEVEN SPECIAL CALL ITEMS Councilmember Macias addressed Human Resources Action Items suggesting that new Special Call employees come to Council meeting to Introduce themselves to the City Council as well as the Community. Macias Comments Moved by Councilmember Gonzales, seconded by Councilmember Macias and unanimously carried to approve the Human Resources Action Items as follows: Human Resources Action Items were approved as follows: Merit Increase and/or regular Appointments: M. Bertelsen,S. Chapman,and S.Yang. New Appointments: M. Antwine, Senior Management Analyst, J. Smith, Police dispatcher, HR Action and C.Wilkins. Items Separations: C. Ramirez, Police Dispatcher. Mayor Rocha addressed the professional services agreement with B/R Partners, noting that Rocha under the section Prepare Status and Update Reports, he would like to see more of this Comments information. He asked if there is an Error and Omissions Policy; Economic Development Director Coleman responded that there is no such policy. City Attorney Carvalho explained the reason why it was removed from the agreement. Councilmember Macias added that the Indemnification Clause is enforceable. Moved by Councilmember Gonzales, seconded by Councilmember Macias and carried to approve an amendment to the existing B/R Partners Agreement extension to June 30, 2008 Agmt w/B/R and the Mayor was authorized to sign the amended agreement. Mayor Rocha dissenting. Partners Approved Councilmember Gonzales addressed the CIP Budget asking when the right field shelters on !, the Little League field at Zacatecas Park will be put in. Director of Recreation and Family Gonzales Services Jacobs responded stating that shelters at Zacatecas Park will be coming to Council Comments in the proposed CIP 2008-09 budget and the costs have not been estimated at this time. CIP Mayor Rocha asked about the safety of the pony league snack bar equipment at Gladstone Rocha Park. Director of Recreation and Family Services Jacobs responded that there will be a make Comments over of the snack bar in the off season and all the other equipment is in opera-le conditions; CIP Pavement they will assess the plumbing and electrical at that time. He asked questions about the Management Pavement Management Plan Year 5, Utility Mitigation and Construction Costs,of which there- Correction was a correction of$2,500,000 to$2,100,000. Director of Public Works Makshanoff responded to question regarding Improvement to the Dir Pub Wks Alosta and Foothill intersection stating that they are making a"T" intersection, and the "Y" is Response still to be determined and worked out with APU as It's in the Specific Plan Assistance CIP - Mitigation Fees. City Manager Delach responded to questions from Council regarding APU Specific Plan, City Mgr stating that they will give the City the land,with regard to right of way dedication: He stated Response that there were fees on several intersections with the expansion of APU under the CIP environmental document. He also responded to Armory questions that Recreation and Family Services will bring the item back to Council, and that Parks and Recreation Commission will be having discussions on how the facility will be used; it may be used as a back up gymnasium and community facility for events. Public Works Makshanoff responded to question regarding the handling of carry over items, Dir Pub Wks stating that with the hiring of Engineering staff and consultants they will begin to take a more Response aggressive role with CIP projects. With regard to questions on Angeleno Park, he responded Carry Over that he would confer with Director of Recreation and Family Services on that matter. Mayor Items CIP Rocha expressed concern regarding the many Carry Over Items stating that he didn't want to Rocha add many new projects that cannot be completed. Comments Moved by Councilmember Gonzales, seconded by Councilmember Macias and unanimously CIP Proposed carried.to receive and file the proposed Capital Improvement Program (CIP) and budget for Budget Receive fiscal year 2007-08. &flied Councilmember Gonzales addressed item regarding placement of stop signs at various Gonzales intersections stating that there are no stop signs at Edith Ann and Virginia Ann and there are Comments speeding problems. City Manager Delach explained about the liabilities that go with putting stop signs where the City Engineer does not recommend; staff will follow up with the City Engineer. 07/02/07 PAGE EIGHT Moved by Councilmember Gonzales, seconded by Councilmember Macias and unanimously Stop Signs carried to authorize staff to place stop signs at various intersections throughout the City. Approved Councilmember Macias addressed item regarding the Supplemental Retirement Plan for Macias AMMA and SEIU, asking for the number of AMMA members. Director of Human Resources Comments Hanson responded that according to payroll records,there are 26 members. Moved by Councilmember Gonzales, seconded by Councilmember Macias and unanimously Receive and file carried to receive and file the informational item on the Supplemental Retirement Plan for Supplemental the Azusa Middle Management Association (AMMA)and the Service Employees International Retirement Plan Union Local 721 (SEIU), as no action was required at this time. AMMA B.SEIU - THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 9:50 P.M. CRA convened THE CITY COUNCIL RECONVENED AT 10:05 P.M. Cncl reconvened Councilmember Carrillo offered an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING Ord. 07-09 CHAPTER 74 OF THE AZUSA MUNICIPAL CODE REGARDING RESIDENTIAL FRONT YARD Residential PARKING. Front Yard Parking Moved by Councilmember Carrillo seconded by Councilmember Gonzales to waive further . reading and adopt. Ordinance passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE The City Council recessed back into Closed Session at 10:06 p.m.to discuss the following: CONFERENCE WITH LABOR NEGOTIATOR(Gov. Code Sec. 54957.6) - Conf w/Labor Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiator Organizations/Employee: APOA AND CAPP - APOA&CAPP CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec Conf w/Legal 54956.9(x)) Case Name: Scott Witter v.City of Azusa Cnsl Witter Worker's Compensation Appeals Board Case No.VN00530133 REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.8) Real Prop Neg Property Address: 303 E. Foothill Boulevard,Azusa, CA 91702 303 E. Foothill Negotiating Parties: Maria Lopez,Tenant Marla Lopez _ Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Tenant Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.81 Real Prop Neg Property Address: 303 E. Foothill Boulevard, 716 N. Dalton Avenue, 726 N. Dalton Dalton Prop Avenue, 728 N. Dalton Avenue, 740 N. Dalton Avenue,Azusa, CA 303 Foothill 91702 716, 726, 728, Negotiating Parties: Watt Genton Associates, LP 740 N. Dalton Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.81 - Real Prop Neg Address: 1120 West Foothill Boulevard,Azusa, 6491702 1 120 W. Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Foothill Negotiating Parties: 5&S Foods Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.8) Real Prop Neg Address: 1 140 West Foothill Boulevard,Azusa, CA 91702 1 140 W. Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Foothill Negotiating Parties: Price Self Storage Under Negotiation: Price and Terms of Payment 07/02/07 PAGE NINE Real Prop Neg REAL PROPERTY NEGOTIATIONS (Gov.Code Sec. 54956.8) Address: - 1030 West Foothill Boulevard,Azusa, CA 91702 1030 W. Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Foothill Negotiating Parties: R B Fiberfab Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.8) Real Prop Neg Address: 1020 West Foothill Boulevard,Azusa, CA 91702 1020 W. Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Foothill Negotiating Parties: Pro Auto Electric Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.8) Real Prop Neg Address: 1100 West Foothill Boulevard,Azusa,CA 91702 1 100 W. Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Foothill Negotiating Parties: Melco Steel Inc. Under Negotiation: Price and Terms of Payment REAL PROPERTY NEGOTIATIONS (Gov.Code Sec.54956.8) Real Prop Neg Address: 1050 West Foothill Boulevard,Azusa, CA 91702 1050 W. Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Foothill Negotiating Parties: Corky's Place Under Negotiation: Price and Terms of Payment The City Council reconvened at 11:47 p.m. City Attorney Carvalho advised that with regard Reconvened to Real Property Negotiations for the property located at 740 N. Dalton, the Senior Center, Reportable the Downtown North Committee had discussed several options regarding the site and Watt Action Genton had expressed interest in purchasing the site at the Committee meeting; the terms and conditions were discussed in Closed Session and the Council decided by unanimous vote not to pursue any sale of the site. UPCOMING MEETINGS: Upcoming Meetings July 16, 2007, City Council Meeting-6:30 p.m. (Auditorium) July 23, 2007, Utility Board Meeting-6:30 p.m, (LB.W) August 6,2007, City Council Meeting-6:30 p.m. (Auditorium) September 4,2007, City Council Meeting-6:30 p.m. (Auditorium) It was consensus of Councilmembers to adjourn In memory of Pat Morales and Keep In Adjourn Prayer Octavio Ramirez, and Elaine Parr. in memory of P.Morales Keep in Prayer O. Ramirez✓i TIME OF ADJOURNMENT: 11:48 P.M. E. Parr CITY CLERK NEXT RESOLUTION NO.2007-C62. NEXT ORDINANCE NO.2007-010. 07/02/07 PAGE TEN V, - - C7OFORr`�P CITY OF AZUSA MINUTES OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY SPECIAL MEETING MONDAY,JUNE 25,2007—7:33 P.M. The City Council and the Board Members of the City of Azusa met in regular session,at the above date and time, at the Clifford Murray Elementary School (Cafeteria)located at 505 East Renwick Road,Azusa, California. Mayor/Chairman Rocha called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: COUNCIL/BOARD MEMBERS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA ABSENT: COUNCIL/BOARD MEMBERS: NONE ALSO PRESENT: Also Present City Attorney/General Counsel Martinez, City Manager/Executive Director Delach, Police Captain Gonzales, Public Information Officer Quiroz, Director Recreation and Family Services Jacobs, Recreation Superintendent Hamilton, Administrative Services Director/Chief Financial Officer Kreimeier, City Clerk/Secretary Mendoza, Deputy/Secretary City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr. Jorge Rosales addressed Council stating that the Fire Fees increase in the amount of J. Rosales $106,754,was already presented in the budget approved on June Was well as the transferring Comments of one million dollars in reserves allocated for police hiring to liability fund was also budgeted in worker compensation claims in the approved budget. He expressed his view in favor of the _ proposal to Increase the Downtown Business Association and Canyon Institute. City Manager/Executive Director Delach responded stating that ifem regarding L.A.County Fire is a City Mgr Supplemental Billing for this year; and the request Police Officer Hiring Reserve was a matching Response fund for a grant; the city opted not to take advantage of the grant and the money stayed within the fund, but because of the increasing cost for workers compensation, staff is asking that it be placed in that fund. Ms. Francine Jensen addressed Council detailing a problem with a truck that contains garbage and F.Jensen blocks the view on the street which has caused near accidents. City Manager Delach noted a Comments revised Commercial Vehicle Ordinance which will be implemented soon and advised that staff will look Into the problem. Ms.Yolanda Peria addressed Council stating that although City Hall in Motion was recently held at Y. Pefia Los Lobos, there are still problems such as street leaning and loitering. She expressed her Comments frustration at the lack of activities for kids, i.e. no park swimming pool and skate boarding. Mr.Art Morales concurred with Ms. Pena, stating there are trash haulers all over the City, asked A. Morales about Appropriations Limit from last meeting,and a liquor license issued to the Foothill Shopping Comments Center, suggested hiring part-time people to answer phones, use CDBG funds for free swim for kids, and handing out money. City Manager/Executive Director Delach responded to question regarding the Gann Limit as at the City Mgr last meeting stating that it came about as a result of a taxpayer initiative shortly after Proposition Response 13; the Intent was to limit the expenditures of cities based on a formula that include the CPI,the city's Income and the city's population growth, in an effort to control or limit the money the city receives. Councilmember/Director Carrillo responded to liquor license at Foothill Shopping Center stating Carrillo that TESCO, Fresh and Easy, has applied for a liquor license at this site. Comments TESCO Consideration of Supplemental Budget Appropriation Request for the 2007/08 Budget. Ms.Mercedes Castro,Mary Mc Kendricks and Irene De La Pania,on behalf of the Azusa Chamber Supplemental of Commerce,addressed Council/Board Members requesting and additional$30,000 be added to Budget the Chamber budget for a total amount of$98,000. They detailed the programs they will be Chamber creating with the additional funding as follows: Internship Program with local businesses, Representa- Community Resource Center, Multi- language Cultural Market Materials, New City Map, New fives Resident Promotional Packet, and Business Recognition Program. They responded to questions Request for posed by Councilmembers noting that they would decrease their request for funding in the future Additional in order to become self sufficient and Improve relations with the Azusa Downtown Business Funding Association. Moved by Councilmember/Director Hanks, seconded by Councilmember/Director Carrillo and Chamber carried to approve a$30,000 increase to the Azusa Chamber of Commerce budget from the City Add'1 funding for a total of$98,000.Councilmember/Director Macias dissenting. Approved After discussion, it was moved by Councilmember/Director Macias, seconded by Discussion Counciimember/Director Carrillo and unanimously carried to deny request of additional funding for ADBA add'I the Azusa Downtown Business Association, but retain It's budget from the City at$20,000. Funds denied Ms. Suzanne Avila of The Canyon Institute and Ms. Jane Beesley of the California Rivers and S.Avila Mountains Conservancy, addressed Council/Board Members requesting$150,000 in funding to Canyon Inst. renovate the former Taylor Property in Azusa Canyon into a river and environmental education J. Beesley center for the Greater Azusa community as part of the larger Azusa River Wilderness Park; they CRMC detailed the project. It was consensus of the Council/Board Members that they come back with a No funding scaled down version of the project and City Manager/Executive Director will look into funding Approved sources. Moved by Councilmember/Director Hanks,seconded by Mayor/Chairman Rocha and unanimously AdcH Approp. carried to approve an additional appropriation for the current year in the amount of$106,754 to Fire Protection provide for the balance of fire protection contract costs and to approve a transfer from General &Liability Funds designated several years ago for police officer hiring(an unused grant match)into the City's Fund Liability Fund in the amount of$1,000,000. approved Lengthy discussion was held regarding future City Hall on the Move meetings and Off-Site Utility Discussion Board Meetings. The dates were scheduled as follows: City Hall on the Move—August 2nd,before City Hall on Concerts In the Parks,at 5:30 p.m.at Memorial Park,October 13",after the Parade at Memorial The Move Park. Other suggestions were made for July 30'"meeting with Dr.Mathis,and July 28'"meeting in &Off-Site the ABC neighborhood,but they were not confirmed. Next Off-Site Utility Board Meeting will be UB meeting held on September 24, 2007, at Mountain View Elementary School at 6:30 p.m. After discussion regarding swimming pool admission fees it was moved by Mayor/Chairman Swim Rocha, seconded by Councilmember/Director Macias and unanimously carried that swim Admission fee admission price for children 12 years of age and under Is$.50. After discussion regarding Certificate and Proclamation Policy it was moved by Certificate& Councilmember/Director Gonzales,seconded by Councilmember/Director Carrillo that alongwith Proclamation adjournment in memory of a deceased person, a certificate and letter be given to the family; Policy further, that the Policy be amended In order that the City Manager/Executive Director may Amendments approved Certificates of Welcome to new businesses. Moved by Councilmember/Director Hanks,seconded by Mayor/Chairman Rocha and unanimously Adjourn carried to adjourn. TIME ADJOURNMENT: 10:17 P.M. CITY CLERK NEXT RESOLUTION NO.2007-057. (Council) NEXT RESOLUTION NO.2007-R20. (Agency) 06/25/07 PAGE TWO O F.q u` CITY OF AZUSA MINUTES OF THE CITY COUNCIL SPECIAL MEETING MONDAY,JUNE 11,2007-6:30 P.M. The City Council of the City of Azusa met in special session at the above date and time in the Azusa Light and Water Conference Room, located at 729 N.Azusa Avenue,Azusa. Mayor Rocha called the meeting to order. Call to Order City Clerk Vera Mendoza led in the Salute to the Flag. V. Mendoza ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: CARRILLO,MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: GONZALEZ (entered the meeting at 6:50 p.m. and was excused due to demise of a family member.) ALSO PRESENT: Also Present City Clerk Mendoza. PUBLIC PARTICIPATION None. Pub Part None. Interviews were held for applicants for the following City Boards and Commissions: Interviews Human Relations Conducted Library Planning Interviews were completed at 9:45 p.m. Discussions regarding the proposed appointments were held: Councilmember Gonzales re-entered the meeting at 11:00 p.m. and the discussions Interviews continued. - Brds S.Com Final appointments will be made at the meeting of June 18, 2007. Final action 6/18/07 It was consensus of Councilmembers to adjourn. Adjourn TIME ADJOURNMENT: 11:14 P.M. CITY CLERK NEM RESOLUTION NO.2007-C42. NEM ORDINANCE NO.2007-06. U � c7OE6Rr'\P CITY OF AZUSA MINUTES OF THE CITY COUNCIL,THE REDEVELOPMENT AGENCY AND THE AZUSA PUBLIC FINANCING AUTHORITY SPECIAL MEETING MONDAY,MAY 29,2007-6:30 P.M. The City Council/Agency and Authority Board Members of the City of Azusa met in special session at the above date and time in the Azusa Light and Water Conference Room, located at 729 N. Azusa Avenue,Azusa. Mayor/Chairman Rocha called the meeting to order. Call to Order Ms. Peggy Martinez led in the Salute to the Flag. - P.Martinez ROLL CALL - Roll Call PRESENT: COUNCILMEMBERS: GONZALES,MACIAS,HANKS, ROCHA ABSENT: COUNCILMEMBERS: CARRILLO (entered the meeting at 6:34 p.m.) ALSO PRESENT: Also Present City Manager Delach,Assistant City Manager Director Person, Economic Development Director Coleman,Administrative Services Director/Chief Financial Officer Kreimeier, Director of Human ` Resources Hanson, Director of Public Works/Assistant City Manager Makshanoff, Director of Utilities Hsu, Redevelopment Senior Accountant Jara, Director of Recreation and Family Services Jacobs, Director of Information Technology Graf, Controller Michaels-Aguilar, City Treasurer Hamilton, Library Director Tovar, Library Adult Services Supervisor Shahsavari, Chief of Police _ Garcia, City Clerk/Secretary Mendoza, Deputy City Clerk/Deputy Secretary Toscano. PUBLIC PARTICIPATION Pub Part Mr. Jorge Rosales addressed Council/Board Members stating that there were no documents foi J. Rosales public to review with regard to the subject meeting. He added that he did receive an electronic Comment version of a document earlier today. FISCAL YEAR 2007/08 CITY,AZUSA PUBLIC FINANCING AUTHORITY,AND REDEVELOPMENT Preliminary AGENCY PRELIMINARY BUDGET REVIEW. Budget Review The recommendation by staff was that the City Council, Redevelopment and APFA Boards consider the materials and information provided and give direction to staff with respect to any. changes to the City's Operating Budget,the Redevelopment Agency's Operating Budget,and the Azusa Public Financing Authority's Operating Budget as proposed for Fiscal Year 2007/08. The Combined Operating Budget of $136,306,057 (comprising the City General Fund, Enterprise funds,Azusa Redevelopment Agency,and the Public Finance Authority)together with the costs of such amendments as the Council and respective Boards may request. Each department presented its budget and responded to questions posed by Presentation Counclimembers/Board Members. Discussion was held regarding City Hall on the Move and it was moved by Mayor Rocha, Discussion seconded by councilmember Macias and unanimously carried that Advertising Expense be increase City Hall on In the amount of$5,000,in order to have more outreach,letters,invitations and flyers to advertise The Move City Hall on the Move. The City Council/Board Members recessed for a break at 8:10 p.m.and reconvened at 8:20 p.m. Recess It was consensus of the Councilmembers/Board Members that Library Services hours be brought Lib Hrs backup to 55 hours, i.e. one hour addition on Monday and Tuesday, and three hours on Up to 55 Wednesday. It was consensus of Councilmember to recess to Closed Session at 9:54 p.m. to discuss the Closed Sess following: CONFERENCE WITH LABOR NEGOTIATOR(Gov. Code Sec 54957.6) Conf w/Legal Agency Negotiators: City Manager Delach and Assistant City Manager Person Counsel Organizations/Employee: APOA The City Council reconvened at 10:51 p.m. There was no reportable action taken in Closed No Reports Session. Moved by Councilmember/Board Member Carrillo,seconded by CouncilmemberBoard Member Adjourn Hanks and unanimously carried to adjourn. TIME ADJOURNMENT: 10:52 P.M. CITY CLERK NEXT RESOLUTION NO.2007-C36. (City) NEXT RESOLUTION NO.2007-R16. (Agency) NEXT RESOLUTION NO.2007-P1. (APIA) 05/29/07 PAGE TWO tIF CITY OF AZUSA MINUTES OF THE CITY COUNCIL SPECIAL MEETING THURSDAY,MAY 10,2007-5:06 P.M. The City Council of the City of Azusa met In special session at the above date and time in the Azusa Light and Water Conference Room, located at 729 N.Azusa Avenue,Azusa. Mayor Rocha called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS, ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Carvalho,City Manager Detach,Assistant City Manager Director Person,Economic Development Director Coleman, Director of Human Resources Hanson, Director of Public Works/Assistant City Manager Makshanoff, Director of Utilities Hsu, Director of Recreation and Family Services Jacobs,Public Information Officer Quiroz,Director of Information Technology Graf, City Treasurer Hamilton,Library Director Tovar,Chief of Police Garcia,Executive Assistant Cravens, City Clerk Mendoza, Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part President of Azusa Pacific University Jon Wallace addressed Council to clarify inaccuracies J.Wallace regarding bond issue under consideration stating the Bond Financing does not impose any Azusa Pacific additional obligations, financial or otherwise to the City of Azusa and the financing is to build a University science center by the marquee. The sellers of the Crestview apartments initiated the issue approaching APU in September and other entitles and offered them to bid on the property. He . complimented City Staff for their diligence in helping them address every Issue that has been raised. If they are able to complete the bond financing and acquire Crestview, they will compensate the City with respect to any taxes or fees estimated at$125,000 per year with annual increments built in. APU has agreed to provide the low Income housing,less than 64 units,up to the year 2015,which is an added cost of$220,000 per year for APU. If they acquire Crestview, they will be able to maintain and renovate the apartments as they are In poor repair. APU is not acquiring the apartments to make money; there will be a deficit of a million dollars per year. He then cited their three guiding principals. CITY COUNCIL AGENDA ITEM-COUNCIL ORIENTATION WORKSHOP Orientation Workshop City Manager Detach addressed Council presenting an overview of the Workshop and Department City Mgr Heads providing information regardingtheir respective departments as follows: City Attorney,City &Depart Hds Clerk, City Treasurer, Human Resources, Information Technology, Community/Redevelopment, and City Library. The City Council recessed for a break at 6:23 p.m. and reconvened at 6:34 p.m. Recess The following city departments continued providing information: Public Safety,Public Works and Depart Hds Transportation, Recreation and Family Services, and Utilities. The City Council took a virtual tour of the City facilities. - Virtual Tour It was consensus of Councilmember to recess to Closed Session at 8:27 p.m. to discuss the Closed Sess following: REAL PROPERTY NEGOTIATIONS (GOV. CODE SEC. 54956.8) Real Prop , Address: 801 East Alosta,Azusa, Ca. 91702 (Crestview Apartments) Negotiations Negotiating Parties: Mark Dickerson,Azusa Pacific University 801 E.Alosta Agency Negotiators: City Manager Delach and Assistant City Manager Person Under Negotiation: Price and Terms of Purchase—Housing Covenant The City Council reconvened at.9:11 p.m. There was no reportable action taken in Closed No Rpts Session. Moved by Councilmember Carrillo,seconded by Councilmember Hanks and unanimously carried Adjourn to adjourn. TIME ADJOURNMENT: 9:12 P.M. CITY CLERK NEXT RESOLUTION NO. 2007-C35. NEXT ORDINANCE NO.2007-06. 05/10/07 PAGE TWO U � V a°q<fFou�`A CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CATHY HANSO&IRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER /j VIA: F. M. DELACH, CITY MANAGER ,�'1,iP�n DATE: JULY 16, 2007 !f V SUBJECT: HUMAN RESOURCES ACTION ITEMS It is recommended that the City Council approve the following Personnel Action Request(s) in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). BACKGROUND This action, requested by Director of Recreation and Family Services Joe Jacobs is brought directly to Council. This action is not required to go before the Personnel Board. NEWAPPO/NTMENT-The following appointment has been requested by the Director of Recreation and Family Services pursuant to the Rules of The Civil Service S stem. DEPARTMENT„ , ,: NAME CLASSIFICATION N5jEFFECTIVE DATE RANGE 8 5' Recreation&Family Services Eduardo Vasquez Park Maintenance Worker I Pending phy & 4153/1 fingerprints $2,978.44 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. tee . CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ALBERT TOVAR, DIRECTOR OF LIBRARY SERVICES VIA: F.M. DELACH, CITY MANAGER ,,,� DATE: JULY 16, 2007 SUBJECT: BUDGET AMENDMENT — TO AUTHORIZE SPENDING OF CANYON CITY FOUNDATION GRANT FUNDS UNUSED IN FY 2006/07 RECOMMENDATION It is recommended that the City Council amend the Library Department's budget by $4,493. This amount represents the remaining balance in unused and committed grant funds awarded from the Canyon City Foundation. BACKGROUND The total amount of the grant from the Canyon City Foundation was $15,000. The Azusa City Council accepted and approved this grant on April 2, 2007. The purpose of the grant was to pay for a community consultant to identify future library projects that would be fundable through the Canyon City Foundation and meet funding criteria in the areas of collaboration, sustainability, building community, and meet the needs of Azusa residents. The April 2, 2007 staff report indicated that all funds would be expended by the end of June 2007, yet the work was not completed. City Council approval is needed to carryover unused funds and to amend the Library Department's budget to be able to use these funds in rY 2007/08. From May —June 2007 $10,507 was used leaving a balance of approximately $ 4,493 to be used in July 2007. The Library Department, in conjunction with a community consultant, has completed two half-day visioning sessions with library staff, a review of the library department's 1 strengths, weaknesses, &opportunities, a gap analysis looking at staff and facility resources, and the consultant has completed internal and external interviews with all library staff and potential partners. An informational report will be given to City Council once all parts of the assessment and surveys have been completed and reviewed by the Library Director. The remaining work needs review from an outside library expert who will validate that the project selected by the Library Department is consistent with current library practices and trends. The Library Department has been in communication with the Canyon City Foundation on use of these funds. FISCAL IMPACT This action amends the Library Department budget by $4,493 and authorizes the spending of these unused grant funds Canyon City Foundation that have been deposited in a grant fund account. Expenses will be charged against an Outside Services account within the Library Department that has already been set-up; account #28305110606493. 2 U q - IgL17UP*'�a . CITY CONSENT ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL I) (, FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, CITY MANAGER 1t`lvj DATE: JULY 16, 2007 ,I SUBJECT: RESOLUTION FINDING THAT THE FORMATION OF A PROJECT AREA COMMITTEE FOR THE PROPOSED AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREAS ("PROJECT AREA") IS NOT NECESSARY RECOMMENDATION It is recommended that the City Council of the City of Azusa adopt the resolution finding and determining that the formation of a Project Area Committee for the proposed amendment to the Redevelopment Plan for the Project Area is not necessary pursuant to California Community Redevelopment Law, Health and Safety Code Section 33000 et seq. ("Law"). BACKGROUND The City Council working in cooperation with the Redevelopment Agency of the City of Azusa ("Agency") began the process to amend the Redevelopment Plan (" Amendment') for the Project Area by designating a survey area for the proposed areas to be added ("Added Area") to the Project Area on May 7, 2007. The Agency has been following the procedures established in the Law for amending the Redevelopment Plan for the Project Area and worked with the Planning Commission to prepare the Preliminary Plan. Pursuant to Section 33324 of the Law, the Planning Commission worked with the Agency in preparing and adopting the Preliminary Plan for the Amendment on May 16, 2007, which established the boundaries of the Added Area. The Preliminary Plan was then adopted by City Council on May 17, 2007. The Agency must now follow the procedures for soliciting input from the community regarding the Amendment. Pursuant to Section 33385 of the Law, the City Council forms a Project Area Committee ("PAC") consisting of residents, business tenants, property owners, and existing community organizations if either of the following situations exist for the Amendment: Page 2 of 2 , July 16,2007 The Honorable Mayor and Members of the City Council Re: Resolution Finding that the Formation of a Project Area Committee Is Not Necessary for the Proposed Amendment to the Merged Central Business District and West End Redevelopment Project Area I . A substantial number of low- to moderate-income persons reside within the Added Area, and the proposed amendment to the Redevelopment Plan for the Project Area will contain the authority for the Agency to acquire, by eminent domain, property on which any persons reside. 2. The proposed amendment to the Redevelopment Plan for the Project Area contains one or more public projects that will displace a substantial number of low- to moderate-income persons. The Agency will not be required to form a PAC for the Amendment pursuant to the requirements of Section 33385 of the Law for the following reasons: • The Added Area does not contain any residential property. • The existing Redevelopment Plan for the Project Area does not authorize the Agency to use eminent domain proceedings for the acquisition of properties upon which persons reside, unless requested in writing by the property owner. The amendment to the Redevelopment Plan for the Project Area will not change this eminent domain policy. • The Amendment shall not contain the authority for the Agency to implement public projects that will displace a substantial number of low- to moderate-income persons. The Amendment does not require the Agency to form a PAC; however, the City Council has recommended that the City staff design a Community Information Meeting (or Meetings as necessary) to present the Amendment to community members and business leaders, and provide opportunities to answer questions and receive input from residents, affected taxing entities, and civic and business organizations. FISCAL IMPACT This recommended action has no fiscal impact. Attachment: A Resolution of the City Council of the City of Azusa Finding and Determining that a Project Area Committee Need not be Formed in Relation to the Amendment of the Redevelopment Plan for the Merged Central Business District and West End Redevelopment Project Area Maps of Proposed Added Area RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA FINDING AND DETERMINING THAT A PROJECT AREA COMMITTEE NEED NOT BE FORMED IN RELATION TO THE PROPOSED AMENDMENT OF THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency ("Agency") of the City of Azusa ("City") has begun the process for amending the Redevelopment Plan ("Amendment') for the Merged Central Business District and West End Redevelopment Project Area ("Project Area") in accordance with the California Community Redevelopment Law ("Law"), Health and Safety Code Section 33000 et seq.; and WHEREAS, the City of Azusa Planning Commission, selected and designated the boundaries of the areas to be added to the Project Area ("Added Area") through its approval of the Preliminary Plan for the Amendment by Resolution No. 2007-12 on May 16, 2007, which included a map of the Added Area as an exhibit thereto, and authorized transmittal of the Preliminary Plan to the Agency; and WHEREAS, the Agency approved the Preliminary Plan for the Amendment by Resolution 07- R14 on May 17, 2007; and WHEREAS, Section 33385 of the Law requires that the legislative body of a city call upon the residents and existing community organizations in a redevelopment project area to form a Project Area Committee ("PAC') in either of the following situations: 1. A substantial number of low-income persons or moderate-income persons, or both, reside within.the Project Area, and the Redevelopment Plan as adopted will contain authority for the Agency to acquire, by eminent domain, property on which any persons reside; and 2. The Redevelopment Plan as adopted contains one or more public projects that will displace a substantial number of low-income persons or moderate-income persons, or both; and WHEREAS, none of the properties within the Added Area are residential, nor do any low- to moderate-income residents reside within the Added Area; and WHEREAS, the Agency's adopted Redevelopment' Plan for the Project Area does not authorize the Agency to acquire, by eminent domain, property on which any persons reside, unless. requested by the property owner; and WHEREAS, the Amendment shall not contain the authority for the Agency to implement public projects that will displace a substantial number of low- to moderate-income persons. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT: Section 1. The formation of a PAC for the Amendment is not necessary pursuant to the requirements of Section 33385 of the Law. Page 1 of 2 C VOCUME-1kb leman\LOCALS-1\Temp\CC no PAC ResoMion_071W7.d= Section 2. The City Council directs that Agency staff conduct a Community Information Meeting (or Meetings as necessary) to discuss the Amendment and receive input from residents, affected taxing entities, and civic and business organizations. Section 3. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 16th day of July, 2007 by the City Council of the City of Azusa. Mayor I HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of said City Council on the day of , 2007, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk Page 2 of 2 CMCUME-i b olemanlLOCALS-1%Temp1CC no PAC Resol0ion_071607.doc Exhibit A �iAhtBt rvp`� � M�yy,v`T' A� Mj * & u " XN u ; YCy�N$ U. 51 Wt>a p t Fw4Mll Bivtl $X ` � � 4 r -Added Area for 2007 Amendment -Survey Area boundaries Central Business District boundaries Exhibit B ell- 'moi x h.e Y. �Z Y^) Sal L i es�a.ozaoz4 f .ealaolso2� i2 � 8673A2V ✓ t . a i oily of AZ010 -Added Area for 2007 Amendment - Survey Area boundaries Central Business District boundaries Vy CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGE VIA: F.M. DELACH, CITY MANAGER DATE: July 16, 2007 SUBJECT: AUTHORIZATION TO AWARD CONTRACT - LEGISLATIVE LIAISON/LOBBYIST RECOMMENDATION It is recommended that the City Council award a One (1) Year contract to EnviroCommun!cations, Inc. for a monthly retainer amount of $2,000, to provide legislative liaison/lobbying services. BACKGROUND Over the past few months the City Council has stated to staff that transportation related issues are a concern. On June I Sth 2007 the City Council authorized staff to solicit Request for Qualifications for a Legislative Liaison/Lobbyist. Proposals were received on July 2, 2007. Bids received were for the following monthly retainer amounts: 1 . EnviroCommunications, Inc. $2,000 2. Rice, Englander &Assoc. $3,500 EnviroCommunications presented a proposal that exhibited a thorough understanding of Azusa's needs. This firm has a proven track record in Federal &State lobbying for local cities such as Arcadia, Claremont, South Pasadena, Glendale, Burbank, etc. EnviroCommunications has been able to secure multiple grants for transportation related projects. Serviced rendered will lobby Azusa's interest, such as: 1-210 on/off Ramp Maintenance, 1-210 Freeway Sign, Highway 39 Rebuild, Downtown Parking Structure, etc. Staff has determined to recommend an award of contract to Env!roCommunications, Inc. Staff will use the City of Azusa's standard professional services agreement (exhibit A) with the appropriate information inserted after the City Council approves the award of contract. FISCAL IMPACT $24,000 to be paid from Proposition C funds. EXHIBITS City of Azusa Professional Services Agreement [[MODEL-REMOVE THIS TITLE WHEN USED]] CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this day of 20 by and between the City of Azusa, 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 ("City") and [_INSERT NAME_], a [_[INSERT TYPE OF ENTITY - CORPORATION,PARTNERSHIP,SOLE PROPRIETORSHIP OR OTHER LEGAL ENTITY] with its principal place of business at [_INSERT ADDRESS I ("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 City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing INSERT TYPE OF SERVICES services to public clients, is licensed in the State of California,and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such services for the [_INSERT NAME OF PROJECT] 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 City all labor,materials,tools,equipment,services,and incidental and customary work necessary to fully and adequately supply the professional [_INSERT TYPE OF SERVICES ] 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 INSERT START DATE_] to [_INSERT ENDING DATE_; unless earlier terminated as provided herein. 1 RVPUB\NSTUBBS\684961.2 - 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. City 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 City 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 additi anal 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, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. 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 Schedule,City shall respond to Consultant's submittals in a timely manner. Upon request of City, 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 City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City 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 City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City 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 City, or who are determined by the City 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 City. The key personnel for performance of this Agreement are as follows: LINSERT NAMES_]. 3.2.5 City's Representative. The City hereby designates [_INSERT NAME OR TITLE_], or his or her designee,to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 2 RVPUB\NSTUBBS\684961.2 3.2.6 Consultant's Representative. Consultant hereby designates [_INSERT NAME OR TITLE],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 closelywith City staff in the performance of Services and shall be available to City 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 baing 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 City, 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 City 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 City, shall be promptly removed from the Proj ect 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 Reeulations. 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 City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, 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 City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to 3 RVPUB\NSTUBBS\684961.2 commence work on any subcontract until it has provided evidence satisfactory to the City 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 Liability. [INCLUDE ONLY IF APPLICABLE -DELETE OTHERWISE] 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 [INCREASE IF NECESSARY- OTHERWISE LEAVE AS IS AND DELETE THIS NOTE] per claim, and shall 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 City 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,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 furnished 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. 4 RVPUB\NSTUSBS\684961.2 (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1)the City,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, 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 City; 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, 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,its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, 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 City. 3.2.10.8 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. 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 City if requested. All certificates and endorsements must be received and approved 5 RVPUB\NSTUBBS\684961.2 by the City before work commences. The City 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 "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed [_INSERT WRITTEN DOLLAR AMOUNT_] ($[_INSERT NUMERICAL DOLLAR AMOUNT 1) without written approval of City's . Extra Work maybe authorized, as described below, and if authorized,will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City 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. City 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 City. 3.3.4 Extra Work. At anytime during the term of this Agreement,City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City 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 City's Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720,et seq.,and 1770,et seMc.,as well as California Code of Regulations,Title 8, Section 1600, et seq., ("Prevailing Wage Laws"),which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If 6 RVPUB\NSTUBBS\684961.2 the Services are being performed as part of an applicable"public works"or"maintenance"project,as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 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 slall be clearly identifiable. Consultant shall allow a representative of City 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. City 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 City, 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, City 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. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein,City 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: 7 RVPUB\NSTUBBS\684961.2 Consultant: [_INSERT NAME, ADDRESS & CONTACT PERSON] City: City of Azusa 213 East Foothill Blvd. Azusa, CA 91702-1295 Attn: [_INSERT NAME &DEPARTMENT_] 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 shal.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 City 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 City 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 provided to Consultant by the City. City 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 City's sole risk. 3.5.3.2 Confidentialitv. 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 City, 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 City'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 writtenconsent of City. 8 RVPUB\NSTUBBS\689961.2 - 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 maybe necessary,appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attomeds 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 reason- able attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend,indemnify and hold the City,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 maybe brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment,award or decree that may be rendered against City or its directors, officials,officers, employees,agents or volunteers,in any such suit,action or other legal proceeding. Consultant shall reimburse City 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 City, its directors, officials officers, employees, agents or volunteers. [***IF FOR DESIGN PROFESSIONAL SERVICES (ARCHITECT, LANDSCAPE ARCHITECT, ENGINEER OR LAND SURVEYOR), USE THE FOLLOWING ALTERNATIVE LANGUAGE AND DELETE THE ABOVE LANGUAGE. To the fullest extent permitted by law,Contractor shall defend,indemnify and hold the City,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, pertaining to, or relating to any negligence,errors or omissions,recklessness,or willful misconduct of Contractor,its officials, officers, employees, agents, consultants, and contractors arising out of or in connection with the performance of the Contractor's Services, including without limitation the payment of all consequential damages, expert witness fees,and attorneys fees and other related costs and expenses. Contractor shall defend,at Contractor'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, its directors, officials, officers, employees, agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees,agents, or volunteers,in any such suit,action or other legal proceeding. Contractor shall reimburse City 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. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or 9 RVPUB\NSTUBBS\684961.2 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 City's Right to Employ Other Consultants. City resrrves 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 City. 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 tern 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 City 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. 3.5m 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. 10 RVPUB\NSTUBBS\684961.2 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, City shall have the right to rescind this Agreement without liability. For the term of this Agreement,no member,officer or employee of City,during the term of his or her service with City, shall have any direct interest in this Agreement,or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal 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 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 maybe signed in counterparts,each of which shall constitute an original. 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 11 RVPUB\NSTUBBS\684961.2 City. Subcontracts,if any,shall contain a.provision making them subject to all provisions stipulated in this Agreement. [SIGNATURES ON FOLLOWING PAGE] 12 RVPU13\NSTUBBS\684961.2 CITY OF AZUSA [INSERT NAME OF CONSULTANT] By: By: City Manager [Name] [Title] Attest: Vera,Mendoza City Clerk Approved as to Form: Best Best &Krieger LLP City Attorney 13 RVPUH\NSTU13HS\604961.2 EXHIBIT A" SCOPE OF SERVICES _ [INSERT SCOPE] A-1 RVPUB\NSTUBBS\684961.2 EXHIBIT "B" SCHEDULE OF SERVICES [INSERT SCHEDULE] B-1 RVPUB\NSTUBBS\689961.2 EXHIBIT "C" COMPENSATION [INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES] C-1 RVAA 99 !t\689961.2 i `Icor- U t 1p Do(.0 CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ANN GRAF DIRECTOR OF INFORMATION TECHNOLOGY29� VIA: F.M. DELACHN� , CITY MANAGEIr " DATE: JULY 16, 2007 SUBJECT: MATRIX SOFTWARE MAINTENANCE AND SUPPORT CONTRACT RECOMMENDATION 1. It is recommended that the City Council waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer software maintenance services and 2-523 section C, no competitive market, and approve the software maintenance and support contract from Matrix Imaging for 7/1/07-6/30/08, in the amount of $16,834.00. BACKROUND The City currently uses Matrix Imaging as the support vendor for its document . management system. The city needs to retain software support from the vendor in order to provide for remote technical support via phone, limit any potential down time, and for product enhancements to this software. FISCAL IMPACT Funding for requested purchase is part of Information Technology Department operating budget FY 2008 in accounts 48499300006415. MATRIX Invoice 3151 Airway Ave Suite H-1, Costa Mesa CA 92626 Date Invoice 7/6/2007 0707-8833 TO: City End User: 21 of Azusa City of Azusa 213 East Foothill Blvd. 213 East Foothill Blvd. Azusa, Azusa,CA 91702 Attn: Annnn Grrafat-Tel#626-812-5024 Attn: Ann Graf-Tel#(626)812-5024 PO No. Terms Due Date Rep verbal Net 30 81512007 TH/LH Description Serial 8.K# Qty Rate Amount —Total Document Imaging System--Taxable 1,782.00 1,782.00T 1)Kofax Ascent Capture 25K/Mo SW Update Sery.v7 0 Serial 4MKl1218;Quantity:(3) Period:7-1-2007 to 6-30-2008 —Total Document Imaging System--N(n-Taxable 14,904 00 14,904 00 2)EMC WorkflowXtender SW Update Service Serial#3111595;Quantity:(i) 3)EMC AppXtender We (flowProe Bldr SW Update Service Serial 93111598;Quantity:(1) 4)EMC Appxtender Workflow Svr SW Update Service Serial#3111597;Quantity:(1) 5)EMC Appxtender Workflow Svr(10-24)ST SW Update Service Serial#3111596;Quantity:(10) 6)EMC AppXtender Sur cc(12A9)ST SW Update Service Serial#3488631;Quantity:(25) 7)EMC WebXtender Svr CC SW Update Service Serial#3111594;Quantity:(19) 8)EMC AppXtender SVR CC ST SW Update Service Serial#3111592;Quantity:(6) 9)EMC Verity K2 Client(149)ST SW Update Service Serial#3111589;Quantity:(6) 10)EMC AppXtender OCR SVR SW Update Service Serial#3111591;Quantity.(1) 11)EMC Verity K2 SVR for AX SW Update Service We appreciate yourprompt payment Subtotal Remit To MATRIX IMAGING PRODUCTS,INC. Sales Tax(8.25%) 3151 Airway Avenue,Suite H-1 Costa Mesa,CA 92626 Total Attn: Luanne Mallett Phone# Fax# E-mail Web Site 714-556-560D 714-513-2376 TessG�aeez(�Matrixlmaginglnccom Ny.Matrixlmaginginc.com M `\ MATRIX Invoice 3151 Airway Ave Suite H-1. Costa Mesa CA 92626 Date Invoice# 7/6/2007 0707-8833 TO: City of Azusa End User. 213 East Foothill Blvd. City of Azusa Azusa, CA 91702 213 East Foothill Blvd. Attn: Ann Graf-Tel#626-812-5024 Azusa,CA 91702 Attn: Ann Graf-Tel#(626)812-5024 P0 No. Terms Due Date Rep verbal Net 30 815/2007 THILH Description Serial&K# Qty Rate Amount Serial#3436630;Quantity(1) 12)Matrix Imaging's Remote Technical Support As phone,fax, e-mail Note:Kofax,EMC and Matrix Terms&Conditions attached We appreciate your prompt payment. Subtotal $16,686.00 Remit To MATRIX IMAGING PRODUCTS,INC. Sales Tax(8.25%) $147.02 3151 Airway Avenue, Suite H-1 - Costa Mesa,CA 92626 Total $16,833.02 Attn: Luanne Hallett Phone# Fax# E-mail Web Site 714-556-5600 714-513-2376 Tess.GPaeezf?MatrixlmaginglncCom www.Mabixlmaginginc.com I hJ�Fi�G - U � - cg4roa�A . CONSENT CALENDAR TO: HONORABLE MAYOR AND CIN COUNCIL MEMBERS FROM: ANN GRAF DIRECTOR OF INFORMATION TECHNOLOGY --- VIA: F.M. DELACH A10-9 DATE: JULY 16, 2007 SUBJECT: MOBILE COMPUTER DISPLAY COMPUTER SOFTWARE SERVER MAINTENACE CONTRACT RECOMMENDATION 1 . It is recommended that the City Council waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer software maintenance services and 2-523 section C, no competitive market, and approve the software maintenance and support agreement from Motorola Inc, in the amount of $20,716.00 BACKROUND The Police Department currently uses a wireless network for mobile communications between its Dispatch center, L.A. County Sheriff and other Azusa P.D. field units. The software used for this interface resides on a server in the police department. The city needs to retain software support form the vendor in order to limit any potential down time and for product enhances to this software. FISCAL IMPACT Funding for requested purchase is part of Information Technology Department operating budget fiscal year 2008, account number 48499410006415, Sent By: ADMINISTRATION; 6268125185; Jul-f0-07 4:37PM; Page 1 /2 Ivo{^ Paget of 2 r- ARe Scltavmbu p7L 80x96 �UIOTOROLAd . 08711:-motoMla.cam '..-PAYMP.NY f9trTobtPnAcc63ter'yyMa>'sr 101" t o04 ;itiilaai ; a'►GPg a t.' - -- - '- 1023 91LLTO AZU CITY OF P 0 D% 1395 AZUS CA 91702-1395 Far7umll eggoetirOtq.pth Rtvgloe pfaese eomxt Mutpeweat; Y4042N4i - 00727�00362y0D ' _ ..r? iYt.;�g— �1i•'1;�j! 1kE8e1RY.: . i MdtdrdJd•:r;�u�ta �;rc�.��i ::§s:.iia's4G4=„�::::'::: : : ;: ILnv 0*100FDObts,il Uur(tb. i DeaLrlptia, OLY.. . '.. nce intenance and Support Agreement ffOD 5 000 odutt: Prenier MDC teary Contact: Ly5e11 Wofford Pb; ( 6),812-9230 - - ---�i LLINB FOR YOUR SERYICE AOREEMENT VICE PERIOD FROM OI-JUL-07 TO 30-JUN09. f TORULA CONTRACT 0 S00001001359 RNOI- R'- 7 17:90 RVICES CONTRACTED: 12 -PRMOC-CUS PREMIER MDC SOFTWARE CU TOM AC 20.715.96 _ E6 - UBT07M 20,715.96 EASE PAY THIS AMOUNT (PAYMENT DUE: UP N:1 ECF1PTy :. 20.715.96 Detach Aare and wk w bottom portion with yourpoymont .. IM1A fNV010EN&1kFF1 USTOMER ACCOUNT NUMBERP �TPT— Please 78659080 101294g921 0002 UPON RE put your I voloe Number and your Customer A cc kn1 Numbe, . on your check to prompt processing. AZUSA. CITY 0 Send PayllWM19• dft P 0 kx:3395 AZUSA; CA 917 2:I395 13108.CO1TBCtletis tenter Drive CHICAGO; IL 60693 1:1708 00509000800 1101234932E 0b02 0000 070107 000207194kx 06 I I Sent By: ADMINISTRATION; 6268125185; Jul-10-07 4:38PM; Page 2/2 'N Y ORIC . . Pdge 2 of 2 1307 E. Algonquin Ad Schmumtir IL 60198 "MOTORO.AWhl C8k NUMBW, 120:715:.99 _ MG70ROLA�II:IVOtdE N1RA9k7ti. .prypjC{ ►Tp; 07/0t/2007 `"— YlsR oar ws0 sits 91:www.motorole.com PAVMlHf DUI: :. UPON RECEIPT _ cuexgplRkOoouHi'HUiirilrrl_ ' 1012349321-0002 PURCHA6l.OAli7SR WiT YOUR'9A.it MAN00200.-'000 ;' ... -' eIL1TO AZ A, CITY OF P BOR 1395 AZI A. CA 91702-1395 For pwri ne whttwog 6VS invoice please contact Moto!WR at: 1•SOO-422.4210 . 00721-0C362- 62 PAjOiBitt Tor ITOM RE�E17T : i *taroTe FgdeC81 Lex. Ia5' '�6-.II158O'0 _,. .-_5q'l>as�rdu Nia�ten•:__$OppO]BG1369 . _ _ _. _. �--._ . . . Invol"'.6etai C*tl1lhU! Durob.I *x%i maw OescFipticw ORY unit Price Mount i - `yoF�2N U - i'9uFom"r CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTOR/ASSISTANT CIT OO MANAGER VIA: F.M. DELACH, CITY MANAGER✓ DATE: JULY 16, 2007 SUBJECT: A RESOLUTION OF THE CITY COUNCIL TO VACATE A DRAINAGE EASEMENT AND RECORD A NEW DRAINAGE EASEMENT ACROSS PROPERTY LOCATED AT 705 W. 9T" STREET. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS INTENTION TO VACATE DRAINAGE EASEMENT AND RECORD NEW DRAINAGE EASEMENT ACROSS PROPERTY LOCATED AT 705 W. 9T" STREET W THE CITY OF AZUSA" EXECUTIVE SUMMARY The attached Resolution would vacate the existing drainage easement located at 705 W. 9" Street, Azusa, California, and record a new drainage easement in its place. The existing easement encompasses the entirety of the property preventing development, and is in excess of the City's needs. The new easement would be smaller, allowing for development of the property, and would provide a drainage easement more suitable to the City's needs. BACKGROUND The property located at 705 W. 9`" Street is encompassed entirely by a drainage easement that was recorded, in the 1930s, to facilitate conveyance of storm water across the property by means of sheet Flow. The current easement renders the property unsuitable for development. California Streets and Highways Code Section 8330 et seq. allows the City to vacate an easement when it is in excess of the City's needs, and there are no other public facilities located within the easement. As previously mentioned, the current easement encumbers the entire property, and is therefore in excess of the City's needs. Additionally, there are no other public facilities located within the easement. By vacating the easement and retaining a ten foot (10') easement along the property line, a pipe system may be installed-at a future date to convey storm water. The alignment of the new easement is sufficient for drainage requirements. The property owner at 705 W. 9`h Street supports the vacation of the existing easement and the recordation of the new easement. FISCAL IMPACT There will be no fiscal impact to the City's general fund. EXHIBITS Exhibit A - Legal Description for Public Drainage Easement to be Vacated Exhibit B - Legal Description for Public Drainage Easement to be Recorded Exhibit C - Resolution of Intent 9 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS INTENTION TO VACATE A DRAINAGE EASEMENT AND RECORD A NEW DRAINAGE EASEMENT ACROSS PROPERTY LOCATED AT 705 W. 9TH STREET IN THE CITY OF AZUSA WHEREAS, the entire property located at 705 W. 9t' Street, in the City of Azusa, is encumbered by a public utility drainage easement as described in Exhibit "A," which is attached hereto and incorporated by reference herein; and WHEREAS thei C ty Council of the City of Azusa has determined that the current public utility drainage easement is in excess of the City's needs; and WHEREAS, the City Council of the City of Azusa has determined that there are no other public facilities located within the public utility drainage easement; and WHEREAS, the City Council of the City of Azusa proposes, and the property owner agrees, to re-locate the public utility drainage easement to another area on the same property as described in Exhibit `B,"which is attached hereto and incorporated by reference herein; and WHEREAS, vacation of a public utility drainage easement is authorized by Chapter 4 of the Public Streets, Highways and Service Easement Vacation Law, California Streets and Highways Code Section 8330 et seg.; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Azusa as follows: Section 1. Vacation of Public Utility Drainage Easement. That certain public utility drainage easement existing within the property described in Exhibit "A" shall be, and hereby is, vacated, and upon recordation of this Resolution shall no longer constitute a public utility drainage easement. Recordation of this Resolution is contingent upon the following condition having been satisfied: a. The record property owner of 705 W. 9`h Street, Azusa, California shall have duly executed and contemporaneously recorded an easement for public utilities over that certain property described in Exhibit `B," which is attached hereto and incorporated by reference herein, the form of which easement must be satisfactory to the City Engineer; Section 2. Modifications. The City Engineer shall be, and hereby is, authorized to make or approve such modifications to the legal descriptions and plats attached ,hereto as the City Engineer deems to be consistent with this Resolution. I� Section 3. Recordation. Upon satisfaction of the foregoing conditions, the City Clerk of the City of Azusa may cause a certified copy of this Resolution attested to by the City Clerk under seal to be recorded in the office of the Recorder of the County of Los Angeles. Section 4. Acceptance of Relocated Easement. The City Council hereby delegates the authority to accept the easement as described in Exhibit `B," and to execute and record a Certificate of Acceptance, to the City Manager. PASSED, APPROVED AND ADOPTED this 16th day of July, 2007. Joseph R. Rocha,Mayor ATTEST: Vera Mendoza, City Clerk APPROVED AS TO FORM: Sonia Carvalho . Best Best &Krieger LLP City Attorney EXH1131T"A" LEGAL DESCRIPTION FOR PUBLIC DRAINAGE I � I AGE EASEMENT TO BE VACATED That certain real property Lying wlthj Caftfbrnla'„descfibed as fouOV'r. in'he City Of Azusai•CO'inty of Lot Angeles, State of That certain easement orright Of way to lay,zonstrIJ0, maintain, operate, rejj�i renew from time to time and change-the .p 1r, size Of a pipe find,for the c6nveyance.of drainade.waler in,hereof certain portions of the westerly Part of Lot 4-0.ITract. No in Map Book 3.4. 5446s 45:aed 46 records -3231, as permap 41erebf recorded of"Los Angeles County a fitY California and eddetibino from thernortherlyline of said I-Ot 4to the.Southerly-firie,of.ga 1dL,0114. Legal Description prepared by. Harold;C.Williams, P-L, GiVil Engineer Date Harold Q Williams, P.P. Lu < 2t' Bast; L 07 ism. Sw 4 z NB021W 5 21 0 a 9th ST.. uj M-R. 43 94 TAACT:N0.,3231 MA 34-45,-46 SdALL,NTS r EXHIBIT"B" LEGAL DESCRIPTION FQR. PUBLIC DRAINAGEEASEMENT TO`BE RECORDED A strip of land 10 feetwide,over a portion of Lot4 of Tract 1Vo;3231,in the City:of Azusa, County of Los Angeles, State of California, as'per.map recorded in Map Book 34,pages 45 and 46.of Maps to the office of the County Recorder of said County;'described as follows: Beginning at the northeast comer of'Lot 4 Tract No. 3231, in the City of Azusa,County of Los Angeles, State of Caiifomia', as per map recorded in Map book-34; pages 4i5of Maps it the office of the County Recorder of said County;thence.northwesterly along the n`orfherly line of said lot; North 77° 09'West 10.24det; thence southerly along a line parallel with thweasterly'line of'said lot;; and 10 feetwesterly, measured at fight angles to the easterly line of said lot;tFtehoe southerly along said fine to the southerly fine ofsaid lot; thence easterly North 89"`21'East 10a)feet to ttie southeast comar'of said.lot,'thence North 0°411 East73.3 fleet along the easterly line df said lotto the Pointof Beginning - Legal:Description prepared by H&Old.C.Williams P.E:, Civil Engineer l 7/i 07 ,l oe Date arold C. Williams, P.E-. or S.P &1w s»oe9 JE 1212 10. ' POR Oft, . LOTS 2 � iu LOT 51 4 0 . 2 118.5' 10'Drainage Easenfent 9th ST. M. R. 43-94. 1'6$=P.olrtt'of Beginning TRACT N0.3231 MSB: 14-46-46 SCA, LE;:NTS Uri � CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER VIA: F. M. DELACH, CITY MANAGERA/l4,�7 DATE: JULY 16, 2007 SUBJECT: Authorization to Solicit Request for Proposal — Supplemental Garage Services RECOMMENDATION It is recommended that the City Council authorize staff to solicit "Request for Proposal" for supplemental garage services. BACKGROUND In January of 2005 the City entered into a contract with an automotive repair firm to assist in the maintenance of the City's rolling stock (vehicles). Currently the City has 125 vehicles that are serviced by the Public Works Garage Division. The Garage Division is currently staffed by one person that works a 4/10-work schedule. Originally when the City reduced it's staffing from two to one mechanics it was thought that by using local repair shops the vehicles could be dropped off at local and then picked up when they were repaired to assist the City's mechanic when needed. However, it was determined that this was inefficient and that an on-site contractor would be more efficient. Currently the supplemental garage contract is being provided on a month-to-month agreement. Staff would like to gather new proposals to provide services on an annual basis. The attached Request For Proposal (RFP) document is submitted to the City Council for review and approval. Once all the proposals are collected from local contractors, staff will bring back to the City Council the lowest responsible bid for approval. FISCAL IMPACT Over the past 24 months the City has averaged $1 ,750 per month in parts and labor. The City Garage currently has $20,000 budgeted in subcontracted vehicle maintenance and Azusa Transit has $40,000 budgeted in subcontracted vehicle maintenance. Attachment: Request for Proposal CITY OF AZUSA REQUEST FOR PROPOSALS FOR CONTRACT FOR AUTOMOTIVE MAINTENANCE AND REPAIR SERVICES Submission Deadline: August 13, 2007 Late submissions will not be considered. Submit Proposals To: Vera Mendoza City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 CITY OF AZUSA NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that separate sealed Proposals will be accepted by the City of Azusa City Clerk's Office, 213 E. Foothill Blvd., Azusa CA 91702, California, phone (626) 812- 5229 until 10:00 a.m. on August 13, 2007, at which time they will be opened and reviewed for the provision of the following: "CONTRACT FOR AUTOMOTIVE MAINTENANCE AND REPAIR SERVICES" All proposals must be sealed and clearly identify the proposer's name, and address. The City of Azusa hereby notifies all proposers that it will affirmatively insure that in any contract entered into pursuant to this invitation, the City will not discriminate against any proposer on the grounds of race, color, sex, or national origin in consideration for the award. A pre bid conference will be held on Thursday, August 1, 2007 (10 a.m.) at the City of Azusa City Yard located at 809 N. Angeleno, Azusa, CA 91702. All persons responding to this invitation shall be aware that their proposals are deemed public records and may be subject to disclosure upon request. The City reserves the right to reject any or all proposals, to waive any informality or irregularity in any proposal received, and to be the sole judge of the merits of the proposals received. CITY OF AZUSA DATED: PUBLICHED: CLOSING: e INSTRUCTIONS TO PROPOSERS . NOTICE TO PROPOSERS The City of Azusa ("City") is seeking qualified proposals from automotive maintenance and repair service providers to provide automotive maintenance and repair services to the City. The City is seeking to select one service provider to serve the City for a (1) year term, which term may be renewed automatically. During the term, or extended term, of the contract, the selected provider will be responsible for performing the following general services: To assist our current in house mechanic staff with the maintenance and repair of city owned rolling stock composed of the following: 18 Heavy Duty Trucks (dump trucks, aerial bucket trucks, sewer ,jetter, etc) 24 Light Duty Trucks 2 Light Duty Vans 21 Medium Duty Trucks 4 Medium Duty Vans 9 Pieces of"offroad" equipment (backhoe/loaders, skip loaders, pavement roller, etc) 13 Passenger Cars (mid size and full size) 12 pieces of trailer mounted equipment(arrow boards, compressors, chippers, etc) 6 pieces of turf equipment (mowers, aerators, etc) 14 Transit Buses (10 and 20 passenger cut aways) 125 pieces of rolling stock Proper maintenance and repair services will require a comprehensive knowledge of internal combustion engines that operate on diesel, gasoline, and CNG. Likewise, extensive experience with heavy duty trucks and equipment (hydraulics, aerial personnel lifts, air brakes, power take offs, hydrostats, and other ancillary systems) in addition to light duty/medium duty conventional vehicles/trucks is required. Knowledge of proper service intervals and service protocols is mandatory and validation of mechanic skill level must be supported by ASE certifications. Reimbursement for services will be based on "flat rate" time (Motors, Mitchell, or other agreed reference)times a predetermined hourly rated. The above list is not exhaustive, but is intended to give the proposer a general sense of the anticipated services to be provided during the term, or extended term of the contract. The proposers shall be ranked from the top to bottom in accordance with the points each proposer receives, according to the City's selection criteria. The proposers with the highest points shall be recommended for the contract. The City Council shall decide in its sole and absolute discretion whether to enter into an automotive maintenance and repair services contract at all, even if there are one or more qualified proposers. The City shall have the sole and absolute discretion to detennine whether it will subsequently seek future proposals for automotive maintenance and repair services. The City may automatically disqualify any proposal that does not meet the terms and conditions set forth in these "instructions to proposers." CONTRACT TERMS AND CONDITIONS In awarding any automotive maintenance and repair services contract, the selected proposer must agree to enter into a Maintenance Services Agreement ("Agreement") with the City and comply with the Azusa Municipal Code ("City Code") as conditions of receiving the contract. The City reserves the right to: (1) reject any and all proposals; (2) waive minor irregularities; or (3) disqualify any proposal that contains false or misleading information. LICENSES, PERMITS AND LAND USE APPROVALS The selected proposer must comply with all City, County and State standards and must, at the time it makes a proposal to the City and throughout the time that the propser provides services to the City, possess all other permits, licenses or land use approvals required by the City or any County, State or Federal agency to operate its business. The proposer shall identify in its proposal the location from which it will provide services to the City. The proposer must have, at the time is submits its proposal, the right to lawfully operate the business from that location. The business must lawfully be operating from such location at the time it submit its proposal. PROPOSER'S QUALIFICATIONS The City will only accept proposals from "qualified" proposers. To be "qualified," a proposer must demonstrate that he or she possesses the following minimum qualifications: • Certificate and/or proof of training in automotive maintenance and repair. • Demonstrated experience in automotive maintenance and repair. • Knowledge of applicable State and Federal laws and regulations. • Possession of all licenses, permits and land use approvals required to manage and operate an automotive maintenance and repair business. • Possession of sufficient insurance coverage, as required in the attached Maintenance Services Agreement. The following, although not considered "minimum qualifications", are desired and will be favorably considered by the City as it evaluates proposers. The list is not exhaustive: MANDATORY REQUIREMENTS ASE certified mechanics Competitive hourly rate Agree to "Flat Rage" Compensation System Ability to handle light duty, medium duty and heavy duty equipment Gas, Diesel, and CNG certified Familiarity P with Specialized Equipment (aerial booms,backhoes, loaders, etc) 1 Close proximity to City Yard (within 3 mile radius to City Yard) 52 week coverage Work within City Yard— eliminate drop off/pick up of vehicles Ability to work on "part time" basis (1-2 days per week) / 52 week coverage Ability to provide all hand tools / pneumatic tools for mechanic operations (hoists, lifts, parts washer, air compressor to be supplied by cities) Any proposal shall contain written, signed answers, documents and/or any relevant information to demonstrate that the proposer(s) possess the minimum qualifications to carry out the contract. Proposers may also provide written, signed answers and/or relevant documents and information to demonstrate that they possess the additional qualifications listed above, as well as any other qualifications or abilities proposer(s) believe will assist in performing the duties specified in this request. In addition, proposer(s) shall provide, in writing, the fees they intend to charge for automotive maintenance and repair services. Said answers, information and documents shall be mailed in a sealed envelope as set forth in this request. AWARD OF CONTRACT Issuance of this Request for Proposals and receipt of proposals does not commit the City to award a contract. The City reserves the right to reject any or all proposals, to accept any proposal or portion thereof, to waive any irregularity, or disqualify any proposal that contains false or misleading information, and to take the proposals under advisement for the period of time stated in the "Notice Inviting Proposals," all as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are completed as to the responsibility and qualifications of the proposer to whom the award is contemplated. No person may withdraw his proposal for a period of ninety (90) days after the time set for opening thereof. INSURANCE Prior to the commencement of the automotive maintenance and repair services, the selected proposer shall provide to the City certificates of insurance with original endorsements, and copies of policies, if requested by the City, of the following insurance, with Best's Class A-or better carriers: (1) Workers' compensations insurance covering all employees and principals of the proposer, in a minimum amount of$1 million per accident, effective per the laws of the State of California; and (2) Commercial general liability insurance covering third party liability risks, including without limitation contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form with a general aggregate limit. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to the City. The selected proposer shall give to the City prompt and timely notice of any claim made or suit instituted arising out of the selected proposer's operation hereunder. CITY OF AZUSA PROPOSAL RESPONSE FORM FOR AUTOMOTIVE MAINTENANCE AND REPAIR SERVICES Proposers are required to complete all required pages and return the proposal packet in a sealed envelope, plainly marked on the outside "AUTOMOTIVE MAINTENANCE AND REPAIR SERVICES," to the City Clerk's Office, 213 E. Foothill Blvd., Azusa, California 91702, by no later than 10:00 a.m. on August 13, 2007. 1. Hourly Shop Rate Charges Light duty sedans and trucks $ /hr Medium duty vans and trucks $ Thr Heavy duty trucks $ /hr Transit buses $ /h Off Road Equipment (backhoe, loaders, etc) $ /h 2. Parts Mark UP: Actual cost plus %mark up. 3. Attest to charge for services based on Hourly Shop Rate * Flat Rate Time compensation system. (authorized company signature) 4. Experience in light duty, medium duty, and heavy duty equipment (please attach a written statement outlining your company's experience). 5. ASE certification (please submit copies of all of your employees ASE certifications). 6. Experience in gasoline, diesel, and CNG vehicles and equipment (please attach a written statement outlining your company's experience and copies of any certifications attesting to your proficiency level in these 3 areas). 7. Experience with Specialized Equipment (particularly aerial boom trucks, backhoes, loaders, and transit buses). Please attach a written statement outlining your company's experience with these specialized pieces of equipment. 8. Attest to provide 52 week per year coverage (no service interruption of vacation or sick leave). (authorized company signature) 9. Attest to willingness and ability to work within the City Yard facility(809 N. Angeleno Street, Azusa, California 91702). (authorized company signature) R 10. Attest to willingness and ability to work on a "part time" basis (1-2 days per week) and still provide 52 week coverage. (authorized company signature) 11. Attest to current possession of the requisite insurance and insurance coverage levels as required in the document. (authorized company signature) 12. attest to provide all necessary hand tools and pneumatic tools for mechanic operations (City to supply hoists, lifts, air compressor, parts washer, fluids, lubricants). (authorized company signature) TO: CITY OF AZUSA FROM: Company Name Address Authorized Signature Title Print Name Date Telephone Number FAX Number Proposer acknowledges by signature and agrees to be bound by the terms and conditions set forth in the proposal documents. Failure to comply with the aforementioned may result in disqualification of the proposal. The above-signed agrees to provide a service to the City of Azusa for AUTOMOTIVE MAITENANCE AND REPAIR SERVICES with the conditions set forth in the attached documents in detail without exceptions other than by mutual agreement. j i U OF q?N M CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGERAk�9 DATE: JULY 16,'2007 SUBJECT: JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OFLOS ANGELES AND THE CITY OF AZUSA APPROVING A DECLARATION OF FOOTHILL BOULEVARD UNDER ATCHISON, TOPEKA, AND SANTA FE RAILROAD BRIDGE TO BE PART OF THE COUNTY SYSTEM OF HIGHWAYS RECOMMENDATION It is recommended that the City Council adopt the attached joint resolution approving a declaration of Foothill Boulevard under Atchison, Topeka and Santa Fe Railroad Bridge to be part of the County System of Highways. BACKGROUND On April 10, 2007 the County of Los Angeles Board of Supervisors adopted a resolution declaring Foothill Boulevard under Atchison, Topeka, and Santa Fe (AT8SF) Railroad Bridge to be part of the County of System of Highways for the limited purpose of performing a seismic safety retrofit of the bridge. Sections 1800-1702 of the California Streets and Highways Code provide that the City of Azusa may consent to the County's request for jurisdiction by Resolution. Pursuant to the California Environmental Quality Act, Los Angeles County found the project to retrofit the ATBSF Rail Road Bridge over Foothill Boulevard .to be statutorily exempt from the provisions of the California Environmental Quality Act. FISCAL IMPACT There is no fiscal impact as a result of the adoption of this resolution. Attachments: Los Angeles County's Adopted Resolution City ofAzusa's Proposed Resolution { RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CONSENTING TO THE ESTABLISHMENT OF FOOTHILL BOULEVARD UNDER ATCHISON, TOPEKA, AND SANTA FE RAILROAD BRIDGE, WITHIN SAID CITY, AS PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES WHEREAS, the County of Los Angeles Board of Supervisors on April 10, 2007, duly adopted a Resolution declaring Foothill Boulevard under Atchison, Topeka, and Santa Fe (AT8SF) Railroad Bridge, which is within the City of Azusa, to be a part of the County System of Highways for the purpose of performing a seismic safety retrofit of the ATB.SF Railroad Bridge over Foothill Boulevard at the aforementioned location, as provided in Sections 1700-1702 inclusive of the Streets and Highways Code of the State of California; and WHEREAS, said Board of Supervisors by said Resolution requested this Council to give its consent to allow the County to perform seismic safety retrofit of the A T8SF Railroad Bridge (the Retrofit Work), within the City of Azusa; and WHEREAS, it is the intent of the County of Los Angeles Board of Supervisors to perform the Retrofit Work,-provided the consent of the governing body of the City of Azusa shall first.be given under the terms herein. NOW, THEREFORE, the City Council of the City of Azusa does resolve as follows: SECTION 1. Consent to Inclusion in County Highway System - This City Council does hereby consent to include Foothill Boulevard under ATBSF Railroad Bridge as part of the System of Highways of the County of Los Angeles as provided in Sections 1700-1702 inclusive of the Streets and Highways Code of the State of California, for the limited purpose of performing a seismic safety retrofit of the bridge at this location. SECTION 2. Indemnification - That the City of Azusa shall fully indemnify, defend, and hold the County of Los Angeles harmless in connection with the City's responsibility under Section 3. below, in relation to any and all claims, liability, injury (as defined by Government Code Section 810.8) or damage relating to the AT&SF Railroad Bridge that is not caused by County's Retrofit Work. SECTION 3. Roadway Maintenance - The City of Azusa will remain the owner of Foothill Boulevard and remain responsible for all roadway maintenance activities and for any damage or liability occurring by reason of any roadway condition on the Foothill Boulevard under AT8SF Railroad Bridge prior to the start of construction by the County or following the completion and field acceptance of said construction. Following completion of construction and County's field acceptance of the Retrofit Work, the City of Azusa accepts ownership and full responsibility for all roadway maintenance relating to the Retrofit Work. SECTION 4. Environmental Documentation - The City Council does hereby consent to adopt and concurs with the environmental findings pursuant to the California Environmental Quality Act that has been adopted by the County in connection with the Retrofit Work. t SECTION 5. Warranty for Retrofit Work - The County hereby assigns all of its right, title, and interest to the un-lapsed portion of a one-year warranty granted to the County by the construction contractor performing the Retrofit Work following completion of construction of the Retrofit Work and field acceptance of said construction by County. The City agrees to accept said assignment as its sole remedy against the County in connection with defects relating to said Retrofit Work. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 16" day of July, 2007. Joseph R. Rocha Mayor 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Azusa at.a regular meeting thereof, held on the 16`h day of July, 2007, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 2 Imp-MR 0: 111 �`'q'Crtttzx"tiP CONSENT ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CATHY A. HANSON, DIRECTOR OF HUMAN RESOURCES VIA: F.M. DELACH, CITY MANAGER DATE:. JULY 16, 2007 SUBJECT: RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A PUBLIC AGENCY RETIREMENT SYSTEM (PARS) SUPPLEMENTAL RETIREMENT PLAN FOR SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721 (SEIU) AND AZUSA MIDDLE MANAGEMENT ASSOCIATION (AMMA) COVERED POSITIONS TO BE ADMINISTERED BY PHASE 11 SYSTEMS, PARS TRUST ADMINISTRATOR RECOMMENDATION It is recommended that the City Council approve Resolution No. authorizing the establishment of a Public Agency Retirement System (PARS) Supplemental Retirement Plan to be administered by Phase Il Systems, PARS Trust Administrator for all SEIU and AMMA covered positions. BACKGROUND The City Council approved a collective bargaining agreement with SEIU on July 24, 2006 and AMMA on June 19, 2006. Those agreements contained the provision of the Public Agency Retirement System (PARS) supplemental retirement plan as part of their "total compensation." At the July 2, 2007, Council meeting, this item was introduced as an information only item. Two weeks after that public meeting, the Council can formally consider approval of the recommended change. Adopting the attached Resolution, establishes a supplemental retirement plan through PARS for all SEIU and AMMA covered positions. The plan would be effective July 1 , 2006 for SEW and July 1 , 2007 for AMMA. The SEIU plan will adjust the retirement formula to reflect an additional .5% to the current formula of 2.0% per year of service at 55 years of age. This s/ enhancement will provide for a retirement formula of 2.5% per year of service for anyone retiring at 55 years of age or older. All prior years of PERS service will count toward the computation. Employees will contribute 4% of eligible salaries toward the cost of this program with the City contributing the remainder which is currently .07%. The AMNIA plan will adjust the retirement formula by adding a half percent (0.5%) to the PERS 2% at age 55 formula. The half percent (0.5%) benefit factor is added to the amount provided by the PERS program regardless of the age of the retiring Association employee, provided the retiring employee has reached the qualifying retirement age of 55. This type of program is commonly referred to as a "stackable plan." All prior years of PERS service will count toward the computation. Employees will contribute up to seven and a half percent (7.5%) of the cost toward this program with the City contributing the remainder which is currently one and forty one hundredths percent (1 .41%). The change is pursuant to the multi-year collective bargaining agreements approved earlier this year, and was designed to support the recruitment and retention of high quality employees. The City is required by Section 7507 of the California Government Code to secure the services of an enrolled actuary to determine the future annual cost of providing the plan benefits and making the results of the study available for public review. This was done with a copy of the actuarial report on file with the City Clerk since July 2, 2007. The projected actuarial cost of the proposed SEIU plan is four and seven one hundredths percent (4.07%) of covered salaries. Based on the current salaries, the combined cost in FY 2007-08 for this benefit is approximately $26,140. As agreed by the bargaining group the employees will pay 4% of the cost of this program and the City the additional .07%. The projected actuarial cost of the proposed AMNIA plan is eight and ninety-one one hundredths percent (8.91%) of covered salaries. Based on the current salaries, the combined cost in FY 2007-2008 for this benefit is approximately $169,975. As agreed by the bargaining group the employees will pay 7.5% of the cost of this program and the City the additional 1 .41%. FISCAL IMPACT The City's cost of the SEIU plan for FY 2007-08 is approximately $375 from the Special Revenue Funds and $75 from the General Fund. The City's cost of the AMNIA plan for FY 2007-08 is approximately $11,846 from Light and Water Funds, $9,168 from the General Fund and $5,884 from other Special Revenue and Enterprise Funds. yam:. MAYOR OF THE CITY OF AZUSA I HEREBY CERTIFY that the forgoing Resolution was duly adopted at a regular meeting of said City Council on the 16"' day of July 2007, by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: CITY CLERIC OF THE CITY OF AZUSA RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING THE ESTABLISHMENT OF A PUBLIC AGENCY RETIREMENT SYSTEM (PARS) SUPPLEMENTAL RETIREMENT PLAN FOR SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL (72 1) AND AZUSA MIDDLE MANAGEMENT ASSOCIATION (AMMA) TO BE ADMINISTERED BY PHASE 11 SYSTEMS, PARS TRUST ADMINISTRATOR WHEREAS, the City is a member of the Public Agency Retirement System (PARS) for the purpose of providing tax qualified retirement benefits; and WHEREAS, it is to be determined to be in the best interest of the City and its SEW AND AMMA employees to provide a Retirement Enhancement Program to eligible employees; and WHEREAS, the PARS Trust has made available a Retirement Enhancement Plan supplementing CalPERS and qualifying under the relevant sections of the Internal Revenue Code and the California Government Code. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Azusa as follows: Section 1 . The City Council, being a member of the PARS Trust, does hereby adopt the PARS Retirement Enhancement Plan (Exhibit A) for SEW employees, as part of the City Retirement Program, effective July 1 , 2006 and for AMMA employees as part of the City Retirement Program, effective July 1, 2007. Section 2. The City Council hereby appoints the City Manager or his/her successor or his/her designee as the City's Plan Administrator for the Public Agency Retirement System. Section 3. The City's PARS administrator is hereby authorized to execute the PARS legal and administrative service documents on behalf of the City to implement a PARS supplemental plan to CalPERS for SEIU and AMMA covered eligible employees. In addition, if the City's PARS Administrator finds that the PARS supplemental plan benefit must be limited under Section 415 of the Internal Revenue Code, then the Plan Administrator will implement a replacement benefit program at no additional cost to the City. PASSED AND ADOPTED by the City Council of the City of Azusa at a regular meeting held on the 16`h day of July 2007. e f -�°Fryer CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: F. M DELACH, CITY MANAGER,* DATE: JULY 16, 2007 SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR INTERIM HUMAN RESOURCES DIRECTOR- PERSONNEL OFFICER SERVICES RECOMMENDATION It is recommended that City Council approve the attached agreement for Interim Human Resources Director -Personnel Officer services for the City of Azusa. BACKGROUND Cathy Hanson, Human Resources Director -Personnel Officer resigned her position with the City of Azusa effective July 2, 2007. Ms. Hanson will remain employed through August 2, but will be on a pre-approved vacation and depart our services July 19, 2007. In order to maintain continuity of service in a critical area currently experiencing a high level of activity the services of an interim director are needed. Mr. Alan Itreimeier, Robert Person and I interviewed Mr. Francis on July 10. Mr. Kermit Francis has over 30 years of experience in Human Relations and Risk Management, previously as Director in Santa Ana, Pasadena, and Arcadia. He has a stellar reputation as an expert in personnel and risk management matters and has consulted for Culver City, Westminster, Bell Gardens, West Covina, Sacramento, Sunnyvale, and Pomona. Mr. Francis has agreed to work for the same total compensation as the current Director. Beginning on July 17, would provide time for briefing and collaboration by the outgoing Director. Interim Director services would be needed until completion of recruitment and selection of a new HR Director, hopefully within the next 3 to 4 months. FISCAL IMPACT Four months of service will cost approximately$40,000 and is offset by salary savings within the current budget. ATTACHMENTS Services Agreement Job Class Specification PROPOSAL FOR SERVICES AND AGREEMENT THIS REQUEST FOR SERVICES AND AGREEMENT is made and entered into effective as of the 17th day of July, 2007,by and between the CITY OF AZUSA, a municipal corporation, hereinafter referred to as CITY, and KERMIT L. FRANCIS, an individual, residing at 1220 Oakwood Drive, Arcadia, California, hereinafter referred to as "CONSULTANT." WITNESSETH: For and in consideration of the promises and of the mutual covenants and agreements herein contained, said parties hereby agree as follows: 1. RECITALS. This Proposal for Services and Agreement(hereinafter referred to as the "Agreement") is made and entered into with respect to the following facts: A. The CITY's position of Director of Human Resources is vacant; and, B. In the interim, it is necessary for the CITY to fill the position on a temporary basis so that the level of service of this most important department is maintained; and, C. That CONSULTANT is qualified to provide those Personnel and Risk Management services to the CITY necessary to fill, on an interim basis, the position of DIRECTOR OF HUMAN . RESOURCES for the CITY, and, therefore, the City of Azusa City Council has elected to engage the services of CONSULTANT upon the terms and conditions hereinafter set forth. 2. SERVICES. CONSULTANT shall perform those services as specified in the City of Azusa Code, CITY ordinances and resolutions, State and Federal law, and assigned by the City Manager for the position of DIRECTOR OF HUMAN RESOURCES, of the City, hereinafter referred to collectively as SERVICES. Performance of such SERVICES is made an obligation of CONSULTANT under this Agreement, subject to any changes made subsequently upon the mutual written agreement of the parties. 3. SCOPE. The services to be performed by CONSULTANT under this Agreement shall include, but not be limited to, those SERVICES specified in Paragraph 2, hereof. RV PUB\W WF\694508.1 1 d.-• --a-iyRr +�F 4: TERM &FEE. A. Term. Subject to the termination provisions in Paragraph 8., the term of this Agreement shall commence on July 17, 2007, and continue to and including October 31, 2007. The CITY may extend said Agreement with the consent of CONSULTANT by written amendment to this Agreement. B. Fee. Compensation to CONSULTANT for the total SERVICES to be rendered pursuant to this Agreement shall be at the rate of seventy-five dollars ($75.00) per hour for four(4) days per week for a total workweek of approximately thirty-two (32)hours with the scheduling of such hours to be at the sole discretion of the City of Azusa. In addition, CONSULTANT will attend Personnel Commission and Council meetings and study sessions as requested by the City Manager. 5. EXTRA SERVICES. No extra services shall be rendered by CONSULTANT under this Agreement unless such extra services first shall have been authorized, in writing, by the CITY. Any such services so authorized shall be paid by the CITY at the hourly rate set forth in Paragraph 4 hereof. 6. PAYMENT BY CITY. The billings for all services rendered pursuant to this Agreement shall be submitted bi- weekly to CITY by CONSULTANT, and shall be paid by CITY within seven (7) days after receipt of same. 7. CITY OVERSIGHT. The City Manager of CITY, or his/her designee, shall have the right of general oversight of all work performed by CONSULTANT and shall be the CITY'S agent with respect to obtaining CONSULTANT'S compliance hereunder. No payment for any services rendered under this Agreement shall be made without the prior approval of the City Manager of CITY, or his/her designee. 8. TERMINATION OF AGREEMENT. Either party hereto shall have the right to terminate this Agreement upon giving, in advance, a ten (10) day written notice of such termination to the other. 9. INDEPENDENT CONTRACTOR. CONSULTANT shall act as an independent contractor in the performance of the services provided for in this Agreement and shall famish such services in CONSULTANT'S own manner and method, and, in no respect, shall CONSULTANT be considered an employee of the CITY. 10. NON-ASSIGNMENT. This Agreement may not be assigned, either in whole or in part, by CONSULTANT without the written consent of CITY. 11. INDEMNIFICATION. CONSULTANT hereby represents that he is skilled in the professional calling necessary to perform the services and duties agreed to RVPUB\W W F%694508.1 2 hereunder by CONSULTANT, and the CITY relies upon such skills and knowledge of the CONSULTANT. CONSULTANT shall perform such services and duties consistent with the standards generally recognized as being employed by professionals of consultant's caliber in the State of California. CITY will defend and indemnify CONSULTANT to the extent permitted by law. 12. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. 13. ATTORNEYS' FEES. If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorneys' fees, in addition to any other relief to which it may be entitled. 14. BINDING EFFECT. This Agreement shall be oinding upon the heirs, executors, administrators, successors, and assigns of the parties hereto. 15. PROVISIONS CUMULATIVE. The provisions of this Agreement are cumulative and in addition to any not in limitation of any rights or remedies available to CITY. 16. NO PRESUMPTION RE DRAFTER. The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions it would be inappropriate to deem any party to be the drafter of this Agreement, and, therefore, no presumption for or against validity or as to any interpretation hereof, based upon the identity of this drafter, shall be applicable in interpreting or enforcing this Agreement. 17. ASSISTANCE OF COUNSEL. Each party to this Agreement, warrants to each other party as follows: A. That each party either had the assistance of counsel or had counsel available to it, in the negotiation for, and execution of, this Agreement and any related documents; and, B. That each party has lawfully authorized the execution of this Agreement. 18. MODIFICATION. This Agreement shall not be modified except by written agreement of the parties. 19. GOVERNING LAW. This Agreement shall be interpreted and construed according to the laws of the State of California. 20. COUNTERPARTS. This Agreement may be executed in counterparts. RVPUB\W Wr\694508.1 3 ' w ;j 21. NOTICE. Whenever it shall be necessary for either party to serve notice on the other regarding this Agreement, such notice may be furnished in writing by either party to the other and shall be served by personal service as required in judicial proceedings or by certified mail, postage prepaid, return receipt requested, addressed to the parties as follows: City: Francis M. Delach Consultant: Kermit L. Francis City Manager 1220 Oakwood Drive City of Azusa Arcadia, CA 91006 213 E. Foothill Boulevard Azusa, CA 91701 22. FORCE MAJEURE. Neither party shall be responsible for delays or failures in performance resulting from acts beyond the control of the offending party. Such acts shall include, but not be limited to, acts of God, fire, flood, earthquake, or other natural disaster, nuclear accident, strike, lockout, riot, freight embargo, public regulated utility, or government statues or regulations superimposed after the fact. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the 17th day of July, 2007, by their respective offices duly authorized in that behalf. CITY OF AZUSA, a Municipal Corporation By Francis Delach City Manager CONSULTANT Kermit L. Francis APPROVED AS TO FORM: Best Best&Krieger LLP City Attorney RVPUB\W W F\694508.1 4 f Date Adopted: May 1, 2000 CITY OF AZUSA DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER DEFINITION Under administrative direction, plans and directs a comprehensive human resources management program to attract, retain, train, motivate and reward excellence in staff. Administers the City's staff development, risk management, labor relations and employee benefit programs and performs related duties as required. CLASS CHARACTERISTICS Reporting to the City Manager, this position gives leadership to the Human Resource Department. Also a key member of the City's management team with the primary responsibility for fostering an organization and work environment emphasizing the value of performing, caring and learning. ESSENTIAL FUNCTIONS Designs and implements a comprehensive approach to human resource management and staff development, coordinating the implementation of policies,training,rules;and practices for carrying out the personnel program. Stays current with best practices for attracting and retaining talented people; using technology to work smarter; and organizing work environments and promoting organizational culture and values to promote pride, productivity and customer and staff satisfaction Serves as Personnel Officer,wonting closely with the Personnel Board to perform duties assigned pursuant to the Municipal Code and Rules of the Civil Service System. Conducts classification studies and develops class specifications; develops and implements recruitments; including job advertising; screening, testing and orientation. Serves as the Chief Negotiator in the labor negotiations process; conducts salary and benefit surveys; administers labor agreements and disciplinary action proceedings. Handles difficult personnel problems or issues directly or as advisor to the City Manager or other Department heads. Administers the Risk Management Program, including worker's compensation, liability, and other insurance programs. Administers employee benefit program. Directs the work of other department personnel and prepares and administers department budget. Prepares and maintains periodic reports pertaining to federal and state requirements; prepares statistical reports. MARGINAL FUNCTIONS These are position functions which may be changed, deleted or reassigned to accommodate an individual with a disability. Page 1 of 2 Class Specification Director of Human Resources- Personnel Officer 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 equivalent to a master's degree in business or public administration, or a related field, and demonstrated leadership in a public or private organization with broad responsibilities for human resource management, including recruitment, training, classification and compensation analysis, labor relations, risk management. Knowledge, Skills and Abilities: Considerable knowledge of current and innovative principles and practices of human resource administration including recruitment, classification and compensation, training, labor relations, benefits administration, research and analysis; applicablE federal, state, and municipal rules; principles and practices of organization, administration and budget preparation; report writing techniques and methods; Working knowledge of the principles and practices of risk management, claims investigation and processing. Ability to think strategically and comprehensively; teach teamwork by example; promote innovation and entrepreneurial initiative; communicate clearly and concisely, both orally and in writing; research and prepare complex reports on a variety of subjects; plan, coordinate and organize assignments to meet deadlines; perform complex professional administrative and analytical work requiring sensitivity to issues; prepare and present reports; represent the City with a wide range of stakeholders and partners; respond to emergency and problem situations, dealing constructively with conflict to reach effective resolutions; understand, explain and apply policies and procedures;analyze unusual situations and resolve them through application of management principles and practices; operate a computer and utilize a variety of software programs; assist in developing new policies impacting department operations/procedures; plan and administer recruitment programs; supervise the work of assigned staff; perform classification and compensation analysis. Page 2 of 2 yrs U �C'91/FDPmp' . AGENCY AGENDA ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AGENCY BOARD FROM: BRUCE COLEMAN, ECONOMIC &COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, EXECUTIVE DIRECTOR DATE: JULY 16, 2007 SUBJECT: SELECTION OF DEVELOPER FOR PROPOSED COSTCO EAST DEVELOPMENT SITE AND AUTHORIZATION TO ALLOW EXECUTIVE DIRECTOR TO NEGOTIATE AN EXCLUSIVE NEGOTIATION AGREEMENT (ENA) FOR THE SELECTED FIRM RECOMMENDATION It is recommended that the Agency Board select Newmark Merrill, ("Newmark") for the development of the Costco East Redevelopment Project, and authorize the Executive Director to negotiate the terms of an Exclusive Negotiation Agreement. BACKGROUND In May of 2007, two development teams, Newmark Merrill and Milan Properties approached the Agency and proposed development of the site identified internally as Costco East. Subsequently, in June of 2007, Regency Centers approached the Agency with a development proposal for the Costco East site. All three proposed site plansare attached to this staff report. The Costco East site includes the following properties: A.P.N. Address 8616-001-410 1220 West Foothill Blvd. 8616-001-414 1 150 West Foothill Blvd. 8616-001-415 1250 West Foothill Blvd. 8616-001-913 No Site Address 8616-001-418 1 145 West Foothill Blvd. 8616-001-420 1 120 West Foothill Blvd. 8616-001-421 1 140 West Foothill Blvd. 8616-002-400 1030 West Foothill Blvd. 8616-002-401 1020 West Foothill Blvd. 8616-002-403 1 100 West Foothill Blvd. 8616-002-404 1050 West Foothill Blvd. Page 2of3 July 16, 2007 Honorable Chairperson &Agency Board Selection of Developer for Proposed Costco East Redevelopment Project Agency staff met with and conducted several meetings with the development teams to discuss their proposal, acquisition strategy, financial capacity and project economics. As a result of this process, Agency staff analyzed the financial feasibility, benefit to the City and Agency and ultimately financial capacity of each development team to fund the acquisition process. The development proposals presented contained the following components: Milan Properties 174,194 new retail square footage-one major anchor Retention of Price Self Storage A potential for as many as two sub-anchors One drive-thru restaurant Approximately 15,000 sq.ft. of retail/shop space Newmark Merrill 234,509 new retail square footage -one major.anchor Expansion of Costco to prototypical store dimensions One drive-thru restaurant Approximately 10,000 sq.ft. of retail/shop space Regency Centers 294,200 new retail square footage-one major anchor Expansion of Costco to prototypical store dimensions At minimum, three sub-anchors One drive-thru restaurant Approximately 20,000 sq.ft. of retail/shop space As a result of the preliminary analysis conducted, Agency staff recommends that the Agency Board authorize the Executive Director to negotiate an Exclusive Negotiation Agreement with Newmark Merrill. Said agreement will be brought before the /Agency Board for their action at a subsequent meeting. Agency staff recommends Newmark Merrill due to their proposed tenant mix, ability to finance acquisitions, strong retail tenant connections, recent project experience and recent history/experience with redevelopment agencies. The previous recommendation to negotiate an ENA with Regency Centers was based upon incorrect information presented to the Agency regarding proposed tenant mix. Subsequent to the posting and completion of the staff report, the Agency learned of this error and has therefore modified its recommendation to authorize the Executive Director to negotiate an ENA with Newmark Merrill. Agency staff recommend that the Exclusive Negotiation Agreement contain, at a minimum, the following items: 1. A proposed complete conceptual development plan for the project which anticipates but is not dependent upon Agency financial assistance for development; 2. A proposed financing plan and pro forma identifying costs and financing sources for the development of the project, including a proposed income generation program; 3. A proposed retail concept/vision for the project; Q Page 3 of 3 July 16, zoo? Honorable Chairperson &Agency Board Selection of Developer for Proposed Costco East Redevelopment Project 4. A proposed entitlement/CEQA strategy describing the entitlements, CEQA requisites and any proposed zoning change or changes to the City's General Plan, if any, necessary to accommodate the project; 5. A proposed phased development schedule, including milestones and triggers for the developer tq acquire real property for the development of the project; and 6. A proposed deal point memo setting forth with reasonable specificity the proposed business and financial terms which will guide the parties' negotiation and preparation of a Disposition and Development Agreement ("DDA"). Among such other matters as the Parties may agree upon, the deal point memo shall contain the proposed terms of any requested Agency financial assistance, including any direct cash contributions, loans, subsidies, land conveyances, deferred/reduced fees, and other proposed terms and conditions of the Developer's and Agency's ri;hts and obligations with respect to the Project. FISCAL IMPACT All expenses incurred by the developer for consultants retained by the developer will be the sole responsibility of the developer. The developer is also responsible for paying all costs for the City/Agency to review any applications submitted by the developer to the City. The ENA will contain provisions for the payment of a deposit to defray the Agency's costs for this project. Any other financial terms and conditions of the Costco East Project will be determined as part of the DDA negotiation process. Attachments BAC: cs ► F'. ' C�0,6RN�f CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY,JULY 2,2007—8:22 P.M. The Board of Directors of the Redevelopment Agency of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium,213 E. Foothill Blvd.,Azusa CA. Director Rocha called the meeting to order. Call to Order ROLL CALL Roll Call PRESENT: DIRECTORS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA ABSENT: DIRECTORS: NONE ALSO PRESENT: Also Present General Counsel Carvalho,Executive Director Delach,Assistant Executive Director Makshanoff, City Department Heads, Tierra West Consultant Jose Ometeotl,Secretary Mendoza, Deputy Secretary Toscano. THE CITY COUNCIL CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY AND THE Cnd/CRA&APFA AZUSA PUBLIC FINANCING AUTHORITY AT 8:22 P.M.TO ADDRESS THE FOLLOWING: convene IOINT CITY/AZUSA PUBLIC FINANCING AUTHORITY AND AGENCY ITEM APPROVAL OF ISSUANCE OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Tax Allocation AMENDED AND RESTATED MERGED CENTRAL BUSINESS DISTRICT AND WEST END Bonds 2007 REDEVELOPMENT PROJECT AREA TAXABLE TAX ALLOCATION BONDS,2007 SERIES A,AND Series A TAX ALLOCATION BONDS, 2007 SERIES B; AND DEBT FINANCING DOCUMENTATION Series B ASSOCIATED WITH THE PROPOSED BONDS. Economic Development Director Coleman presented the proposal of the Issuance of two B.Coleman series of bonds, Series A and Series B. He thanked Michael Williams of C.M. de Crinis & Comments Company,Kim Byrens and Sonia Carvalho of BBK,City Manager Delach,Chief Financial Officer Kreimeier, City Treasurer Hamilton and Redevelopment Senior Accountant Jara for all their assistance. He recommended approval of the issuance of bonds. Mr. Michael Williams of C.M. de Crinis Financial Advisor, addressed the issue stating that M.Williams investment grade rating was issued which lowered the cost of financing, the bond sale Is C.M.de scheduled in two weeks, with closing by the end of the month,Series A is not to exceed 18 Crinis million dollars which is about 15.7 million dollars and 4 million on Series B. He responded to Comments ' questions posed by CouncilmembersBoard Members regarding the lack of S&P rating, explanation of the debt ratio,size,use of property,explanation of different interest rates,Le. Series A-which are taxable bonds,people must pay State and Federal taxes,there will be no restrictions and-provides a lot of Bexlbility and Series B are the refinancing of 1997 tax allocation bonds;It smoothes out the debt service and lowers the overall cost of the debt,they are tax exempt; they did not receive an Investment grade rating they have a lower coverage ratio and people do not have to pay income tax.The revenue source Is from redevelopment tax increment. CouncilmemberBoard Member Gonzales noted an error on the Council term expirations on Questions page 20,corrected as follows: Carrillo—2011 and Gonzales—2009. Ms.Kim Byrens of BBK, &comments noted changes to the title of the Redevelopment resolution. Staff responded to additional questions regarding interest rate,Amvac Insurance Policy for one year and noted fees. Moved by Councllmember/Board Member Macias, seconded by Mayor Pro-Tem/Board Member Hanks and unanimously carried to take action on the resolutions collectively. Mayor Pro-Tem Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,APPROVING Res.07-058 THE FINANCING OF AMENDED AND RESTATED MERGED CENTRAL BUSINESS DISTRICTAND Approving WEST END REDEVELOPMENT PROJECT AREA BYTHE REDEVELOPMENT AGENCY OF THE CITY Financing OF AZUSA AND OTHER MATTERS RELATING THERETO. Bonds Moved by Mayor Pro-Tem Hanks, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS. HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE - Board Member Hanks offered a Resolution entitled: A RESOLUTION OF THE AZUSA PUBLIC FINANCING AUTHORITY, APPROVING THE Res. 07-P3 PURCHASE AND RESALE OF BONDS OF THE REDEVELOPMENT AGENCY OF THE CITY OF Approving AZUSA,APPROVING A FORM OF PURCHASE AGREEMENT AND CERTAIN OTHER MATTERS Purchase& RELATING THERETO. Resale Moved by Board Member Hanks, seconded by Board Member Gonzales, to waive further reading and adopt. Resolution passed and adopted by the following vote of the Authority: AYES: BOARD MEMBERS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: BOARD MEMBERS: NONE ABSENT: BOARD MEMBERS: NONE Director Hanks offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSAAPPROVING THE Res.07-R20 ISSUANCE OF ITS AMENDED AND RESTATED MERGED CENTRAL BUSINESS DISTRICT AND Approving WEST END REDEVELOPMENT PROJECT AREA TAX ALLOCATION BONDS,APPROVING TRUST Trust Indentures, INDENTURES, AN ESCROW AGREEMENT, AN OFFICIAL STATEMENT, A PURCHASE Escrow Agmt, AGREEMENT SETTING THE MAXIMUM FINAL TERMS OF THE SALE OF THE BONDS AND Official Stmt, MAKING CERTAIN DETERMINATIONS RELATING THERETO. Purchase Agmt, etc. Moved by Director Hanks,seconded by Director Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES, CARRILLO,MACIAS, HANKS. RbCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE THE AZUSA PUBLIC FINANCING AUTHORITY.ADJOURNED AT 9:02P.M. AND THE APFAADJN REDEVELOPMENT AGENCY AND CITY COUNCIL CONTINUED. CRA/Cncl continue JOINT CITY/AGENCY ITEMS Jnt City/CRA PURCHASE AND SALE AGREEMENT FOR THE SALE BY THE CITY AND ACQUISITION BY THE Items REDEVELOPMENT AGENCY OF PROPERTY LOCATED AT 850 W. 10TH STREET MORE Purchase& COMMONLY KNOWN AS THE CITY TRANSPORTATION YARD. Economic Development -Sale Agmt Director Coleman addressed the Issue stating this is a joint CounciUAgency item for the 850 W. 10`h approval of the purchase and sale agreement of the Transportation Yard at 850 W. 1 O`"Street Street from the City to the Agency; he provided background stating that in June 1993, the City purchased the real property located at 850 W. I Y'Street from Wynn Trust&Dyer Trust for a total purchase price of$828,000,with funds borrowed from the Light Fund. 07/02/07 PAGE TWO The property Is located in the Merged Redevelopment Project Area of the City of Azusa at IUh and Vernon and Is approximately 82,764 sq. ft. (1.9 acres). The Agency desires to purchase the City Transportation Yard property and City desires to sell by the terms in the Purchase and Sale Agreement. To date, the Light Fund has not been reimbursed by the City and the Redevelopment Agency is assuming the City's obligation to repay the funds. In late 2006 and early 2007, the Agency purchased several properties as part of the land assembly effort in connection with the Downtown North and proposed Target projects. As part of the acquisition process the Agency settled with a number of businesses affected by the acquisition, which included land acquisition,relocation,and business goodwill payments.During acquisition and negotiation phase,some of the businesses expressed interest to remain in the City of Azusa. The Agency proposes to subdivide the subject property in the near future and potentially relocate some of these businesses to the property. The Agreement provides for reimbursement by the Redevelopment Agency to the City of Azusa in the amount of $1,615,877 for the purchase price,payable by a promissory note secured by a deed of trust. The purchase price is reflective of the City's acquisition price of$828,000 plus 5% simple interest over a 30 year term. Councilmember Carrillo offered a Resolution entitled: A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AND THE Res.07-C61 REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING A PURCHASE AND SALE Approving AGREEMENT BETWEEN THE CITY OF AZUSA AND THE REDEVELOPMENT AGENCY OF THE Purchase R CITY OF AZUSA FOR THE SALE AND ACQUISITION OF REAL PROPERTY LOCATED 850 WEST Sale Agmt I Or'STREET IN THE CITY OF AZUSA - - 850W. I& Street Moved by Councilmember Carrillo, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES. CARRILLO, MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Director Carrillo offered a Resolution entitled: A JOINT RESOLUTION Of THE CITY COUNCIL OF THE CITY OF AZUSA AND THE Res.07-R24 REDEVELOPMENT AGENCY OF THE CITY OF AZUSA APPROVING A PURCHASE AND SALE Approving AGREEMENT BETWEEN THE CITY OF AZUSA AND THE REDEVELOPMENT AGENCY OF THE Purchase 8- CITY OF AZUSA FOR THE SALE AND ACQUISITION OF REAL PROPERTY LOCATED 850 WEST Sale Agmt 10"'STREET IN THE CITY OF AZUSA 850 W. 10`h Street Moved by Director Carrillo,seconded by Director Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: - AYES: DIRECTORS: GONZALES, CARRILLO,MACIAS, HANKS,ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE REDEVELOPMENT AGENCY ADMINISTRATION/ADVANCE FROM THE CITY. Redevelopment Advance from Director Macias offered a Resolution entitled: City A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING A Res.07-R21 LOAN FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED REDEVELOPMENT Requesting PROJECT AREA. Loans Moved by Director Macias,seconded by Director Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE 07/02/07 PAGE THREE - Councilmember Macias offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS FOR Res,07-059 PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA Authorizing Loans Moved by Councilmember Macias, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS, HANKS, ROCHA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE THE REDEVELOPMENT AGENCY RECESSED AND THE CITY COUNCIL CONTINUED AT 9:28 CRA recess P.M. THE REDEVELOPMENT AGENCY RECONVENED AT 9:50 P.M. Cncl continued AGENCY SCHEDULED ITEMS TARGET STORE ENVIRONMENTAL IMPACT ANALYSIS SERVICES Economic Development Target Store Director Coleman presented the proposed consultants Terry A. Hayes & Associates for Environmental environmental impact analysis services; provided a background on the solicitation of the RFP Impact Analysis which requested cost proposals for both the preparation of an EIR for the project, i.e. EIR Services Addendum or Mitigated Negative Declaration to the EIR and any other studies to meet CEQA requirements. The Agency then entered into a Letter of Intent with The Target Store; he described the boundaries,the process on selecting Terry A. Hayes,and how they arrived at the cost, which was an Increase in the original amount due the possible need for a full environmental review. Discussion was held between Directors and staff regarding additional fees for a recommended Discussion traffic study to be done separately,the possibility of a full blown EIR,lower form of review and possible reduction in cost. Discussion was also held regarding the store construction and levels of parking,timeline for the project, etc. Moved by Director Hanks,seconded by Director Macias and unanimously carried to approve Terry A. Hayes Terry A. Hayes &Associates (TAHA) to provide environmental impact report consultant &Associates services in conjunction with the proposed Target Store Redevelopment Project, and to Approved authorize the Executive Director to execute the City's'standard professional services EIR consultant agreement in the amount of$90,925. The CONSENT CALENDAR consisting of items H-1 through H-4 was approved by motion of Consent Cal. Chairman Rocha,seconded by Director Gonzales and unanimously carried with the exception H-3 Spec Call of item H-3,which was considered under the Special Call portion of the Agenda. . Minutes of the regular meeting of June 18, 2007,were approved as written. Min approved 2. The Agency Treasurer's Report as of May 31, 2007,was received and filed. Treas Rpt 3. SPECIAL CALL ITEM. Spec Call 4. The following Resolution was adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING Res.07-1123 CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY Warrants FUNDS. SPECIAL CALL ITEMS Special Call MAKING A FINDING THAT PLANNING AND ADMINISTRATIVE EXPENSES MAY BE FUNDED Ping&Admin FROM THE LOW-TO-MODERATE INCOME HOUSING FUND(20%SET ASIDE). Expenses 07/02/07 PAGE FOUR Chairman Rocha addressed item regarding Planning and Administrative Expenses,asking what Rocha amount the 20%is set aside. Staff will get back to the Board Members regarding this amount. Comments He also questioned the identification of affordable housing project opportunities as stated in the Staff Report. Economic Development Director Coleman responded stating that in terms of the Housing B. Coleman Element the State requires updates, the process will be starting and will identify affordable Response housing; Planning Commission and City Council will review site opportunities. Executive Director Delach advised that this is a ministerial Item which comes to the Board Exe Dir annually,but the amount would be furnished. Delach Director Gonzales offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA MAKING A Res.07-R22 FINDING THATTHE PLANNING AND ADMINISTRATIVE EXPENSESTO BE FUNDEDFROMTHE Planning& LOW AND MODERATE INCOME HOUSING FUND ARE NECESSARY FOR THE PRODUCTION, Administration IMPROVEMENT OR PRESERVATION OF THE COMMUNITYS SUPPLY OF LOW AND Expenses MODERATE INCOME HOUSING. Moved by Director Gonzales,seconded by Director Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Agency: AYES: DIRECTORS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE It was consensus of the Redevelopment Agency Boardmembers to adjourn. Adjourn TIME OF ADJOURNMENT: 10:05 P.M. SECRETARY NEXT RESOLUTION NO.07-R25 NEXF ORDINANCE NO.07-ROI 07/02/07 PAGE FIVE • U.OF.:Ajcr c'tirw{x^�r CITY OF AZUSA MINUTES OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY SPECIAL MEETING MONDAY,JUNE 25,2007—7:33 P.M. The City Council and the Board Members of the City of Azusa met In regular session,at the above date and time,at the Clifford Murray Elementary School(Cafeteria)located at 505 East Renwick Road,Azusa, California. Mayor/Chairman Rocha called the meeting to order. - Call to Order ROLL CALL Roll Call PRESENT: COUNCIL/BOARD MEMBERS: GONZALES, CARRILLO,MACIAS, HANKS, ROCHA ABSENT: COUNCIUBOARD MEMBERS: NONE ALSO PRESENT: Also Present City Attorney/General Counsel Martinez,City Manager/Executive Director Delach,Police Captain Gonzales, Public Information Officer Quiroz, Director Recreation and Family Services Jacobs, Recreation Superintendent Hamilton, Administrative Services Director/Chief Financial Officer Kreimeier,City Clerk/Secretary Mendoza, Deputy/Secretary City Clerk Toscano. PUBLIC PARTICIPATION - Pub Part Mr. Jorge Rosales addressed Council stating that the Fire Fees Increase in the amount of J. Rosales $106,754,was already presented In the budget approved on June 18t°as well as the transferring Comments of one million dollars in reserves allocated for police hiring to liability fund was also budgeted in worker compensation claims In the approved budget. He expressed his view in favor of the proposal to increase the Downtown Business Association and Canyon Institute. City Manager/Executive Director Delach responded stating that item regarding L.A.County Fire is a City Mgr Supplemental Billing for this year:and the request Police Officer Hiring Reserve was a matching Response fund for a grant;the city opted not to take advantage of the grant and the money stayed within the fund, but because of the increasing cost for workers compensation,staff is asking that it be placed in that fund. Ms.Francine Jensen addressed Council detailing a problem with a truck that contains garbage and F.Jensen blocks the view on the street which has caused near accidents. City Manager Delach noted a Comments revised Commercial Vehicle Ordinance which will be implemented soon and advised that staff will look Into the problem. Ms.Yolanda Pena addressed Council stating that although City Hall in Motion was recently held at Y. Pena Los Lobos, there are still problems such as street leaning and loitering. She expressed her Comments frustration at the lack of activities for kids, i.e. no park swimming pool and skate boarding. Mr.Art Morales concurred with Ms. Pena,stating there are trash haulers all over the City, asked A. Morales about Appropriations Limit from last meeting,and a liquor license issued to the Foothill Shopping Comments Center, suggested hiring part-time people to answer phones, use CDBG funds for free swim for kids,and handing out money. City Manager/Executive Director Delach responded to question regarding the Gann Limit as at the City Mgr last meeting stating that it came about as a result of a taxpayer initiative shortly after Proposition Response 13;the intent was to limit the expenditures of cities based on a formula that Include the CPI,the city's income and the city's population growth,in an effort to control or limit the money the city receives. Councilmember/Director Carrillo responded to liquor license at Foothill Shopping Center stating Carrillo that TESCO, Fresh and Easy, has applied For a liquor license at this site. - Comments TESCO Consideration of Supplemental Budget Appropriation Request for the 2007/08 Budeet Ms.Mercedes Castro,Mary Mc Kendricks and Irene De La Pania,on behalf of the Azusa Chamber Supplemental of Commerce,addressed Council/Board Members requesting and additional$30,000 be added to Budget the Chamber budget for a total amount of $98,000. They detailed the programs they will be Chamber creating with the additional funding as follows: Internship Program with local businesses, Representa- Community Resource Center, Multi- language Cultural Market Materials, New City Map, New tives Resident Promotional Packet, and Business Recognition Program. They responded to questions Request for posed by Councilmembers noting that they would decrease their request for funding in the future Additional in order to become self sufficient and improve relations with the Azusa Downtown Business Funding Association. Moved by Councilmember/Director Hanks, seconded by Councilmember/Dlrector Carrillo and Chamber carried to approve a$30,000 Increase to the Azusa Chamber of Commerce budget from the City Add1 funding for a total of$98,000. Councilmember/Director Macias dissenting. Approved After discussion, it was moved by Councilmember/Director Macias, seconded by Discussion Counclimember/Director Carrillo and unanimously carried to deny request of additional funding for ARBA add'I the Azusa Downtown Business Association, but retain it's budget from the City at$20,000. Funds denied Ms. Suzanne Avila of The Canyon Institute and Ms. Jane Beesley of the California Rivers and S.Avila Mountains Conservancy, addressed Council/Board Members requesting$150,000 in funding to Canyon Inst. renovate the former Taylor Property In Azusa Canyon Into a river and environmental education J. Beesley center for the Greater Azusa community as part of the larger Azusa River Wilderness Park; they CRMC detailed the project. It was consensus of the Council/Board Members that they come back with a No funding scaled down version of the project and City Manager/Executive Director will look Into funding Approved sources. Moved by Councilmember/Director Hanks,seconded by Mayor/Chairman Rocha and unanimously Add'[Approp. carried to approve an additional appropriation for the current year In the amount of$106,754 to Fire Protection provide for the balance of fire protection contract costs and to approve a transfer from General &Liability Funds designated several years ago for police officer hiring(an unused grant match)into the City's Fund Liability Fund in the amount of$1,000,000. approved Lengthy discussion was held regarding future City Hall on the Move meetings and Off-Site Utility Discussion Board Meetings. The dates were scheduled as follows: City Hall on the Move—August 2',before City Hall on Concerts in the Parks, at 5:30 p.m.at Memorial Park,October 13`h,after the Parade at Memorial The Move Park. Other suggestions were made for July 301"meeting with Dr.Mathis,and July 28'"meeting In &Off-Site the ABC neighborhood,but they were not confirmed. Next Off-Site Utility Board Meeting will be UB meeting held on September 24, 2007, at Mountain View Elementary School at 6:30 p.m. After discussion regarding swimming pool admission fees It was moved by Mayor/Chairman Swim Rocha, seconded by Councllmember/Director Macias and unanimously carried that swim Admission fee admission price for children 12 years of age and under Is $.50. After discussion regarding Certificate and Proclamation Policy it was moved by Certificate& Councilmember/Director Gonzales,seconded by Councilmember/Director Carrillo that alongwith Proclamation adjournment in memory of a deceased person, a certificate and letter be given to the family; Policy further, that the Policy be amended in order that the City Manager/Executive Director may Amendments approved Certificates of Welcome to new businesses. Moved by Councilmember/Director Hanks,seconded by Mayor/Chairman Rocha and unanimously Adjourn carried to adjourn. - TIME ADJOURNMENT: 10:17 P.M. CITY CLERK NEM RESOLUTION NO.2007-057. (Council) - NEM RESOLUTION NO.2007-R20. (Agency) 06/25/0:PAGE TWO f U � CITY OF AZUSA MINUTES OF THE CITY COUNCIL,THE REDEVELOPMENT AGENCY AND THE AZUSA PUBLIC FINANCING AUTHORITY SPECIAL MEETING MONDAY, MAY 29,2007—6:30 P.M. The City Council/Agency and Authority Board Members of the City of Azusa met in special session at the above date and time In the Azusa Light and Water Conference Room, located at 729 N. Azusa Avenue,Azusa. Mayor/Chairman Rocha called the meeting to order. Call to Order Ms. Peggy Martinez led in the Salute to the Flag. P.Martinez ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES,MACIAS,HANKS, ROCHA ABSENT: COUNCILMEMBERS: CARRILLO (entered the meeting at 6:34 p.m.) , ALSO PRESENT: - - Also Present City Manager Delach,Assistant City Manager Director Person, Economic Development Director Coleman, Administrative Services Director/Chief Financial Officer Kreimeier, Director of Human Resources Hanson, Director of Public Works/Assistant City Manager Makshanoff, Director of Utilities Hsu, Redevelopment Senior Accountant Jara, Director of Recreation and Family Services Jacobs, Director of Information Technology Graf, Controller Michaels-Aguilar, City Treasurer Hamilton, Library Director Tovar, Library Adult Services Supervisor Shahsavari, Chief of Police Garcia,City Clerk/Secretary Mendoza, Deputy City Clerk/Deputy Secretary Toscano. PUBLIC PARTICIPATION Pub Part Mr. Jorge Rosales addressed Council/Board Members stating that there were no documents foi J. Rosales public to review with regard to the subject meeting. He added that he did receive an electronic Comment version of a document earlier today. FISCAL YEAR 2607/08 CITY, AZUSA PUBLIC FINANCING AUTHORITY,AND REDEVELOPMENT Preliminary AGENCY PRELIMINARY BUDGET REVIEW. Budget Review The recommendation by staff was that the City Council, Redevelopment and APFA Boards consider the materials and information provided and give direction to staff with respect to any changes to the City's Operating Budget,the Redevelopment Agency's Operating Budget,and the Azusa Public Financing Authority's Operating Budget as proposed for Fiscal Year 2007/08. The Combined Operating Budget of $136,306,057 (comprising the City General Fund, Enterprise funds,Azusa Redevelopment Agency,and the Public Finance Authority)together with the costs of such amendments as the Council and respective Boards may request. Each department presented its budget and responded to questions posed by Presentation CouncilmembersBoard Members. Discussion was held regarding City Hall on the Move and it was moved by Mayor Rocha, Discussion seconded by councilmember Macias and unanimously carried that Advertising Expense be increase City Hall on in the amount of$5,000,in order to have more outreach,letters,invitations and Byers to advertise The Move City Hall on the Move. The City Council/Board Members recessed for a break at 8:10 p.m.and reconvened at 8:20 p.m. Recess It was consensus of the Councilmembers/Board Members that Library Services hours be brought Lib Hrs - back up to 55 hours, i.e. one hour addition on Monday and Tuesday, and three hours on Up to 55 Wednesday. It was consensus of Councilmember to recess to Closed Session at 9:54 p.m. to discuss the Closed Sess following: CONFERENCE WITH LABOR NEGOTIATOR(Gov. Code-Sec 54957.6) Conf w/Legal Agency Negotiators: City Manager Delach and Assistant City Manager Person Counsel Organizations/Employee: APOA The City Council reconvened at 10:51 p.m. There was no reportable action taken in Closed No Reports Session. Moved by Councilmember/Board Member Carrillo,seconded by Councilmember/Board Member Adjourn Hanks and unanimously carried to adjourn. TIME ADJOURNMENT: 10:52 P.M. CITY CLERK NEXT RESOLUTION NO.2007-C36. (City) ' NEXT RESOLUTION NO.2007-R16. (Agency) NEXT RESOLUTION NO.2007-P1. (APFA) _ 05/29/07 PAGE TWO e pF AGENCY INFORMATION ITEM TO: THE HONORABLE CHAIRPERSON AND AGENCY MEMBERS 3� FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, EXECUTIVE DIRECTOR�I�1� DATE: • JULY 16, 2007 SUBJECT: PROFESSIONAL SERVICE CONTRACTS QUARTERLY REPORT FOR PERIOD APRIL 1, 2007 THROUGH JUNE 30, 2007 RECOMMENDATION Review and file the report. BACKGROUND On June 7, 2004, the Agency Board approved redevelopment signatory authority for professional service contracts up to $49,999.99. As a condition of that approval, staff is required to prepare a quarterly informational item for the Agency Board for those purchases $15,000 and over, which will include vendor, amount of purchase, and item or service purchased. For this quarter, the following purchases were initiated: Vendor Name Amount Services Provided SCS Engineers $33,150.00 Phase 2 Environmental-809 N. Azusa Avenue SCS Engineers $30,000.00 Phase 2 Environmental-800/802 N. San Gabriel Ave. PKF Consulting $16,500.00 Hotel Feasibility Stud Best Best &Krieger $20,000.00 2007 Series B Bond Counsel &Disclosure Services California Commercial Appraisers $21,500.00 Fixtures &Equipment Appraisals, Block A2 8_A3 of Downtown North California Commercial Appraisers $39,900.00 Goodwill Appraisals, Block A2 of Downtown North FISCAL IMPACT Funds have been budgeted in the FY 2006/07 budget. Prepared by R.lara. BAC:RA/cs - C:\DOCUME—IHrtnleman\LOCALS-1\Temp\Vendor stQtrlyRepor[06 07.do V AGENCY CONSENT ITEM TO: THE HONORABLE CHAIRPERSON AND AGENCY MEMBERS 61 FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, EXECUTIVE DIRECTOR ;�'/ q DATE: JULY 16, 2007 l SUBJECT: HOUSING REHABILITATION PROGRAM MANAGEMENT CONSULTING SERVICES FOR FISCAL YEAR 2007/08 RECOMMENDATION It is recommended that the Agency Board approve FRJ & Associates aka Francisco R. Joseph & Associates ("FRJ") to provide housing rehabilitation program management consulting services in conjunction with the City's Community Development Block Grant (CDBG) Housing Rehabilitation program, and authorize the Executive Director to execute the City's standard professional services agreement in the amount of $56,000. BACKGROUND In January 2007, City Council approved the FY 2007/08 CDBG program which included the Single Family Housing Rehabilitation Program (the "Program") in the amount of $185,008, funded with $53,750 in redevelopment funds and $131 ,258 in CDBG funds. The Program provides minor home repair grants up to $8,000 to low income homeowners living in Azusa, and is administered by an outside consultant. The Program is complemented by the County's HOME Loan program (the "Combined Programs"), which funds major home repair loans averaging $25,000 each. Staff anticipates five loans will be funded by Los Angeles County in the amount of $125,000 and their administration of $25,000 will be funded by Redevelopment. Of the total $335,008 budgeted for the Combined Programs, $56,000 was budgeted specifically for program management consulting services. Duties of the program management consultant(s) include application intake, income eligibility determination, preparation of HOME loan documents, work write-ups, construction bidding, contract award, project coordination between the contractor, homeowner, and Building/Planning Departments, fund disbursement, and compliance with federal guidelines. The consultant will manage a minimum of 20 minor home repair and up to 5 major home repair projects during FY 2007/08. Several times in the past, requests for proposals have been issued for these services, and FRJ has consistently been lowest and most responsible bidder. Their service costs do not exceed 20% of each grant/loan amount, as suggested by CDBG federal guidelines, and they have consistently provided excellent customer service to the City and its residents. FRJ has a very specific area of expertise which is not widely duplicated elsewhere. They have provided excellent service to the City Page 2 of 2 July 16, 2007 The Hor.orable Chairperson and Agency Members Re: Redevelopment Consulting Services for Fiscal Year 2007/08 of Azusa for many years, and there is a huge value in maintaining continuity and continuing their services in 2007/08. In order to avoid any delays in starting the Combined Programs, staff requests that the Agency Board approve FRJ to provide these ongoing housing rehabilitation program management consulting services in FY 2007/08. FISCAL IMPACT Housing rehabilitation program management consulting services have been budgeted in the Redevelopment Agency's FY 2007/08 budget in the amount of $56,000. The current budget for this service was budgeted at $55,000 for FY2007. Prepared by Roseanna J. Jara. BAC:RJJ/cs poor U 11 0101 AGENCY CONSENT ITEM TO: THE HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, EXECUTIVE DIRECTOR,�l DATE: JULY 16, 2007 SUBJECT: REDEVELOPMENT CONSULTING SERVICES FOR FISCAL YEAR 2007/08 RECOMMENDATION It is recommended that the Agency Board approve Tierra West Advisors ("Tierra West") to provide real estate advisory and as-needed redevelopment consulting services in conjunction with the Agency's FY 2007/08 economic development program, extend their contract through FY 2007/08, and authorize the Executive Director to execute the City's standard professional services.agreement in the amount of $350,000. BACKGROUND In March 2006, staff issued a request for proposal and qualifications (RFP) for real estate advisory and as-needed redevelopment consulting services. The RFP was sent to four firms, and after review, RSG was selected to provide these services based on the qualifications of its principal, John Yonai, and senior associate, Jose Ometeotl, and their overall experience in the redevelopment field- particularly in project financial feasibility and economic evaluation. In August 2006, John Yonai formed a new company named Tierra West Advisors, LLC., with Jose Ometeotl as one of the partners, and the RSG contract was assigned to Tierra West in September 2006. Since that time, Tierra West has provided full-service redevelopment and real estate advisory consulting to the Agency as well as support services for existing staff. The City Council policy is to utilize consultants whenever possible rather than hiring full time staff due to the projected limited term of the current economic development program. Consultants have the ability to mobilize quickly to undertake Council goals for the City and have very specific areas of expertise which can augment City services. Since September 2006, Tierra West has competently assisted Agency staff with Downtown North/Target Store acquisitions, negotiations, settlement agreements, project financial feasibility analysis, project development, contract bidding, etc. They are a highly qualified firm and have done excellent work for the Agency. There is a huge value in maintaining continuity and continuing their services in 2007/08. To change consultants at this time would delay projects by as much as six months due to the need for a new learning curve and could impact ongoing project viability. Therefore, staff requests that the Agency Board approve Tierra West to provide these ongoing redevelopment consulting services and extend their contract through FY 2007/08. Page 2 of 2 July 161.2007 The Honorable Chairperson and Agency Members Re: Redevelopment Consulting services for Fiscal Year 2007/08 FISCAL IMPACT Real estate advisory and as-needed redevelopment consulting and staff support services have been budgeted on a project-by-project basis in the amount of $350,000 as part of the FY 2007/08 budget as follows: Block 36: $35,000 Downtown North: $75,000 10th &Vernon: $10,000 D-Club Site: $15,000 Target Store: $45,000 NEC Arrow &Azusa: $25,000 Miscellaneous: $45,000 Staff Support: $100,000 Total: $350,000 Attachments: Proposal for FY 2007/08 PROPOSALTO PROVIDE REDEVELOPMENT & FINANCIAL CONSULTING SERVICES CITY OF AZUSA 213 E. FOOTHILL BLVD. AZUSA, CA 91702 Tierra West Advisors Real Estate and Redevelopment Consultants www.tierrawestadvisors.com Contact: Contact: Jose Ometeod John N. Yonai Tierra West Advisors Tierra West Advisors 168 Annandale Rd. 168 Annandale Rd. Pasadena, CA 91105 Pasadena, CA 91105 Phone: (626) 824-1359 Phone: (626) 665-1224 Fax: (714) 796-5488 Fax: (626) 796-5488 Email: jometeotl@tierrawestadvisors.com Email: jyonai@iierrawestadvisors.com 10 Tierra West Advisors Real Estate and Redevelopment Consultants July 1, 2007 Mr. Bruce Coleman Community & Economic Development Director City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 RE: PROPOSAL FOR REDEVELOPMENT & FINANCIAL CONSULTING SERVICES ON- CALL SERVICES Dear Mr. Coleman: / Tierra West Advisors ("Tierra West") welcomes the opportunity to present this proposal to provide redevelopment and financial consulting services the City of Azusa. It is our understanding that the City of Azusa is seeking a qualified consultant to provide financial and redevelopment consulting services on an as needed basis. FIRM EXPERIENCE AND PROJECT TEAM The Principals of Tierra West have provided real estate, redevelopment, management; financial and economic consultant services to both public agencies and private participants in the community development process and combine for over 140 years of experience. Staff members have served in this capacity for other public agencies and have prepared or advised on tax sharing negotiations with governmental entities, Disposition and Development Agreements (DDA), Owner Participation Agreements (OPA), Summary Reports and Reuse Analyses required under Health & Safety Code section 33433, acquisition services, purchase agreements, notes, covenants, regulatory agreements, and other transactional documents required for development. Tierra West has assembled a highly qualified consultant team to provide the City with the required services and,reports. The team will be led by Jose Ometeotl, Director, who will provide the required services and reports in the time frame required by the City. Mr. Ometeotl can be reached at (626) 824-1359. Mr. Louis Morales and Jesse Saucedo will also assist in this project. Mr. Morales & Saucedo will provide research, document preparation, schedule monitoring and negotiations for other related projects. In addition to this cover letter, Tierra West's proposal includes six major sections, as follows: A. Description of the range of financial consulting services offered by the firm. B. Description of projects and services completed for other Southern California communities including financial consulting services for other comparable jurisdictions. C. Resumes of principal professionals and other key staff who may be assigned to the individual projects. 168 Annandale Rd.,Pasadena,CA 91105 Tel: (626) 665-1224 Fax: (626)796-5488 jyonai@tierrawestadvisros.com w .tierrawestadvisors.com Mr. Bruce Coleman City of Azusa July 1, 2007 D. Hourly rate schedule of the principal professionals and other key staff who may be assigned to the individual projects. E. References demonstrating a thorough understanding of financial consulting services. F. Any additional information deemed appropriate. The proposal will be valid for a minimum of 90 days from the date of this letter. We appreciate the opportunity to submit our qualifications, and look forward to the opportunity to assist the City with various financial consulting services. Sincerely, TIERRA WEST ADVISORS Jose Ometeotl Director Tierra West Advisors Mr. Bruce Coleman City of Azusa July 1, 2007 Page 1 A. Description of the range of financial consulting services offered by the firm. 1. Tierra West Advisors personnel have provided consulting services to both the public and private sectors for over 140 years. Following is a range of services that Tierra West offers it's clients: • Preparation of proformas to analyze and review developer proposals and project feasibility • Consulting on bond issuances • Market data review and analysis • Economic impact and income generation analysis • Reporting requirements, 33433 report preparation • Five year implementation report • Negotiation and acquisition • Developer selection/negotiation • Sales and property tax review and analysis • Review sales tax and recommend remediation to prevent leakage • Reporting requirements B. Description of projects and services completed for other Southern California communities including financial consulting services for other comparable jurisdictions. The following is a list of current references of cities and redevelopment agencies that have commissioned the principals of Tierra West for assistance with staffing requirements including, financial consulting services, planning, developments involving retail, housing, entertainment, specialty, industrial, mix-use developments, acquisition services, project economics, DDA drafting/negotiations, Reuse Analyses and Summary Reports, loan agreements, and other services as requested in the RFP Scope of Services. City of Huntington Beach Assigned Staff: John Yonai, Timothy Mulrenan, and Michael Garcia Assignments: Acquisition, DDA structuring and negotiations, CFD analysis, tax increment analysis; proformas, project area amendment, Economic strategy, retail, housing and mixed use analyses. CIM Project, 400,000 square foot mixed use property, hotel, office units, retail and parking structure Contact Person: Stanley Smalewitz, Economic Development Director City of Huntington Beach (714) 536-5909 ssmalewitz@surfcity-hb.org Tierra West Advisors Mr. Bruce Coleman City of Azusa July 1, 2007 Page 2 City of Pomona Assigned Staff: John Yonai, Timothy Mulrenan, and Michael Garcia Assignments: Summary report, project analysis, proformas, reuse analysis Mission and Linden project, mixed use, 5,000 square feet of commercial, 2 bedroom lofts, and townhomes. Contact Person: Raymond Fong, Director of Economic Development City of Pomona (909) 620-2410 ravmond-fondjo�ci.oomona.ca.us City of Azusa Assigned Staff: Jose Ometeotl, Tim Mulrenan and John Yonai Assignments: project feasibility, DDA structuring/negotiations, interim management services, tax increment analysis, public revenue analyses, document preparation, project area amendment, retail and mixed use analysis Watt downtown project, acquisition, relocation, goodwill FF&E. Contact Person: Bruce Coleman, Director of Community Development Francis DeLach, City Manager City of Azusa (626) 812-5236 bcoleman anci.azusa.ca.us fd elach@ci.azusa.ca.us City of Arroyo Grande Assigned Staff: Timothy Mulrenan, Jose Ometeotl and Michael Garcia Assignments: Project analyses, proformas, bond analysis, housing analyses Advised City on numerous housing projects including for sale and for rent sites. Advised on a 118 unit affordable housing project financed with 9% tax credits and two (2) hotels totaling 175 rooms. Contact Person: Steven Adams, City Manager City of Arroyo Grande P.O. Box 550 Arroyo Grande, 93421 (805)473-5400 sadams@arroyogrande.org Tierra West Advisors Nir. Bruce Coleman City of Azusa July 1, 2007 Page 3 City of Commerce/Community Development Commission Assigned Staff: John Yonai, Louis Morales, Timothy Mulrenan, and Michael Garcia Assignments: DDA negotiation/structuring, project analyses, acquisitions, assemblage, Interim management, interim planning services, tax increment analysis, public revenue projections, project area amendment, public outreach, retail, housing, dealership, entertainment facility analyses, 108 analysis. Advised City on numerous housing projects, financial and proforma analysis. 800,000 square foot Citadel sale, mixed use development, retail expansion. Contact Person: Robert Zarrilli, Community Development Director City of Commerce (323) 722-4805 robertzaci.commerce.ca.us City of City of Bell Gardens Assigned Staff: John Yonai, Timothy Mulrenan, Michael Garcia Assignments: Project Area Amendments, project analysis, public revenue analysis, public outreach, tax increment analysis, public revenue analyses, housing and retail analyses. Berk Oil Site, 80,000 square foot development of contaminated site. Contact Person: Gilbert Livas, Community Development Director John Ornelas, City Manager 7100 S. Garfield Avenue Bell Gardens, CA 90201 (562) 806-7725 alivas anbellgardens.orci omelas(a)bellgardens.org City of Covina/Redevelopment Agency Assigned Staff: John Yonai, Timothy Mulrenan, and Jose Ometeotl Assignments: Hospital analysis, tax increment analysis, public revenue analysis, proforma analyses, development alternatives, housing and retail analyses Transportation corridor development, alternatives and financial analyses. Contact Person: Mike Marquez, Community Development Director Paul Phillips, City Manager 125 East College Street Covina, California 91723-2199 (626) 858-7231 mmarquez@ci.covina.ca.us Tierra West Advisors Mr. Bruce Coleman City of Azusa July 1, 2007 Page 4 City of Glendale/Redevelopment Agency Assigned Staff: Timothy Mulrenan and John Yonai Assignments: Project analyses, proformas, Summary Reports, acquisitions, tax increment analysis, housing analyses Affordable housing project, property acquisition, DDA negotiations and proforma analysis. Contact Person: Madelyn Blake, Director of Housing George Chapjian, Director of Parks Peter Zovak, Housing Development James Starbird, City Manager 141 North Glendale Avenue, Suite 202 Glendale, California 91206 (818) 548-3706 ozovak(a)ci.glendale.ca.us mblake(a)ci.olendale.ca.us City of Los Angeles/Community Redevelopment Agency-Urban Partners/USC project Assigned Staff: John Yonai, and Timothy Mulrenan Assignments: Housing and commercial development analyses, proformas, tax increment analyses, 108 analysis, public revenue analyses. 420 unit residential mixed use project including 85,000 square feet of retail space Contact Person: Michelle Banks— Ordone 4401 Crenshaw Blvd., Suite 201 Los Angeles, CA, 90043 (323) 290-2800 Mbanks-ordonefo cra.lacity.oro mbankslo cra.lacity.orq Other current clients include the Cities of Rancho Palos Verdes, Big Bear Lake, Desert Hot Springs, Artesia, Pasadena, Rosemead, Redlands, Firebaugh, Sonoma and Upland. Over the past ten (10) years consultants of Tierra West Advisors have Provided consultant services to a variety of Clients including but not limited to: Cities: Baldwin Park, Bell, Bell Gardens, Brea, Burbank, California City, Carson, Covina, Culver City, Diamond Bar, EI Cajon, EI Monte, EI Segundo, Fontana, Fresno, Huntington Park, Inglewood, Irwindale, La Puente, La Quinta, La Verne, La Puente, Long Beach, Lawndale, Lake Forest, Los Angeles, Lynwood, Maywood, Montclair, Monterey Park, Palm Desert, Palm Springs, Pasadena, Perris, Pittsburg, Sacramento, San Diego, San Gabriel, San Jacinto, San Marcos, San Pablo, Santa Monica, Simi Valley, Sonoma, Sparks — Nevada, Stockton, Upland, Westminster, West Covina, West Hollywood, and Yorba Linda. Tierra West Advisors Mr. Bruce Coleman City of Azusa July 1, 2007 Page 5 County/Regional Agencies: County of Los Angeles, Orange County Development Agency, and Orange County Fire Authority, Inland Valley Development Agency, and the Pasadena Blue Line Construction Authority Private Entities: Bahan, LLC, Del Rey Properties, The Hennessey Group, Limoneira Company, Olson Company and Wine Country Gift Basket/Houdini Inc.. C. Resumes of principal professionals and other key staff who may be assigned to the individual projects. Tierra West has assembled a highly qualified consultant team to provide the City with the required services and reports. The team will be led by Jose Ometeotl, Director, who will provide the required services and reports in the time frame required by the City. Louis Morales & Jesse Saucedo, will assist on this assignment with the collection of necessary information, assist in data analysis and will prepare the necessary documentation. Other Tierra West personnel who will be assigned to this project will be Mike Garcia (Director). Mr. Garcia will be responsible for assisting with redevelopment plan adoptions and amendments, real estate services, implementation activities, bond issues, and planning and scheduling project activities. The resumes of the consultant team assembled for this assignment and all other Tierra West personnel are attached as an Exhibit to this proposal. The Statement of Qualifications for Tierra West Advisors has also been enclosed for your review and consideration. D. Hourly rate schedule of the principal professionals and other key staff who may be assigned to the individual projects Tierra West will undertake the activities presented in the Proposal on a time and materials basis at the following hourly rates: Principal/Director $145 Senior Associate $125 Associate $110 Senior Analyst $ 95 Analyst $ 90 Research Assistant/ Real Estate Technician $ 85 Word Processor/Graphic Artist $ 65 Clerical $ 55 Reimbursable Expenses...................................Cost plus 10% It is the policy of Tierra West to not charge clients for mileage, parking, telephone/fax expenses, postage, and incidental copies. We do, however, charge for additional insured certificates, messenger services, overnight mail costs, and copies of reports, documents, notices and support material in excess of five (5) copies. These costs are charged at actual expense, plus a 10% surcharge. Tierra West Advisors Mr. Bruce Coleman City of Azusa July 1, 2007 Page 6 Tierra West issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance. Invoices will identify tasks completed to date, hours expended and the hourly rate. E. References demonstrating a thorough understanding of financial consulting services The list of current personal references, cities and redevelopment agencies that have commissioned the principals of Tierra West for assistance with those requested services demonstrating Tierra West Advisors thorough understanding of the financial aspects required for Financial Consulting Services are listed in Section B. G. Any additional information deemed appropriate Roles and Responsibilities for City Staff *Schedule interviews and act as liaison with key internal and external stakeholders *Provide all previous studies, base data and information. *Provide data and information on all current development proposals. *Provide City budget and capital improvement program documents. *Provide and assist in the assembly of fiscal data. • Tierra West Advisors utilizes personal computers, laptops, and Treo handheld devises to continuously monitor electronic mail, provide scheduling, and to stay in contact with clients via cell phone. The firm utilizes the Citrix virtual networking system available through the internet to provide its consultants access to its reports, databases, and research capabilities from wherever there is an internet connection. • Tierra West Advisors has not been involved in any litigation involving a similar scope of work or any redevelopment project, either within the past 3 years, or prior to that time period. • Throughout the assignment, Tierra West will work closely with staff to ensure that the goals and objectives of the City are properly represented and addressed. Insurance Coverage includes: • Commercial General Liability— Each Occurrence $2,000,000, General Aggregate $4,000,000 • Automobile— Combined Single Limit - $2,000,000 • Workers Compensation and Employers Liability— Each Accident $1,000,000 • Commercial Errors & Omissions — per claim & Aggregate $2,000,000 Tierra West's contact information is: Tierra West Advisors 168 Annandale Rd. Pasadena, CA 91105 Telephone: (626) 824-1359 Facsimile: (626) 796-5488 Electronic Mail: jometeotl@tierrawestadvisors.com Tierra West Advisors Mr. Bruce Coleman City of Azusa July 1, 2007 Page 7 Tierra West Advisors is a California Limited Liability Company. Tierra West Personnel The Tierra West Advisors consultant team brings our clients a wealth of knowledge in redevelopment services—not only from our collective years in providing consulting services, but also our first-hand experience in project management, development, and project design. Seventy percent (70%) of our staff are bilingual in English and Spanish. John Yonai — Principal Louis Morales — Senior Associate, Tim Mulrenan — Principal Jesse Saucedo—Analyst Michael Garcia — Director Sylvestre Najera —Analyst Jose Ometeotl — Director Alexandra Bassanetti — Real Estate Technician Rose Acosta — Director Tierra West Advisors Mr. Bruce Coleman City of Azusa July 1, 2007 Page 8 John Yonai- Principal John Yonai, Principal, has provided coordination and administration of real estate and redevelopment consulting projects ranging from multiple property acquisitions, analysis of large commercial and mixed use residential projects, functioning as interim Community Development Director for cities, providing housing rehabilitation coordination, and coordination of the drafting of DDAs and OPAs. Mr. Yonai's recent project experience includes the Cities of Commerce, Bell Gardens, Huntington Beach, Los Angeles, Pittsburg, San Jacinto, Monterey Park, EI Cajon, La Quinta, and Upland. Timothy Mulrenan— Principal Mr. Mulrenan typically provides market, real estate analysis, financial analysis, property acquisition and disposition, transaction negotiation, and general project management services. Mr. Mulrenan has provided project management, market and real estate analyses for the Cities of Arroyo Grande, Bell Gardens, Cathedral City, Commerce, County of Orange, Glendale, Los Angeles, Burbank, EI Cajon, Fontana, Huntington Beach, Lawndale, and La Quinta. Jose Ometeotl—Director Mr. Ometeotl will coordinate all fiscal analyses for agency financings, tax increment audits, and fiscal consultant reports as well as any planning services coordination and advice for this assignment. Mr. Ometeotl has provided fiscal consultant services, research, document preparation, schedule monitoring, data analysis, redevelopment consulting, developer negotiation or deal structuring services for the cities of Azusa, Fontana, Lake Forest, San Jacinto and many other clients. Mr. Ometeotl is bilingual in English and Spanish Michael Garcia — Director Michael Garcia, Director, has provided coordination of real estate and redevelopment consulting projects ranging from redevelopment plan adoptions and amendments, bond financing consultant reports, multiple property acquisitions, analysis of large commercial and mixed use residential projects, providing housing rehabilitation coordination, and the drafting of DDAs and OPAs. Mr. Garcia's recent program experience includes the Cities of Commerce, Bell Gardens, Burbank, EI Cajon, Huntington Beach, La Quinta, Los Angeles, Monterey Park, Pinole, Pittsburg, Rohnert Park, San Jacinto, San Pablo, Stockton, and Upland. Mr. Garcia is bilingual in English and Spanish. Mr. Bruce Coleman City of Azusa July 1, 2007 Page 9 Resumes, and respective licenses, of Tierra West key personnel available to serve on assignments for the City follow in the exhibits to this letter. Complete list of Tierra West Advisors Services A. IMPLEMENTATION AGREEMENTS 1. Development Planning and Analysis: Tierra West is available to provide development planning and analysis for specific project undertakings. Typically, this would involve preparation of a Design for Development for adoption by the City that sets the basic parameters for proposed development. The options available to the City for development of a specific site can be analyzed to determine the optimal outcome and a recommended project. 2. Development Pro Forma Analysis/Negotiation: Tierra West is available to provide project financial proformas for potential redevelopment projects to assist the City in determining the financial viability of a project and determine the degree of participation which may be required by the City. Tierra West is also available to assist with developer negotiations as needed. 3. Agreement Preparation: Tierra West is available to assist City staff and legal counsel in the drafting of agreements (typically, Disposition and Development Agreements or Owner Participation Agreements). These agreements outline the responsibilities of both the proposed ownerldeveloper and the City. 4. Agreement Processing: Tierra West is available to prepare the back-up materials, agenda staff report, and summary report (required by redevelopment law) and assure that proper noticing and hearings are held in conformance with law. B. AFFORDABLE HOUSING PROJECTS 1. Comprehensive Strategy: Tierra West is available to assist with the preparation of a. comprehensive affordable housing strategy. This could be done in coordination with the updating of the Five-Year Implementation Plan. 2. Specific Proiect/Site Identification: The City has specific requirements to rehabilitate and develop new affordable housing. It may behoove the City to identify specific projects and sites that could be utilized for this purpose. 3. Developer Selection/Negotiation: Tierra West is available to assist in the developer selection process, as well as in negotiating terms and agreements for future housing development. 4. Financing: Tierra West has a background in developing various financing alternatives, making use of low to moderate housing set-aside funds, tax allocation bonds, tax credit opportunities, and other revenue bond formats to assure the most efficient and effective way of leveraging City funds for the development of housing. Tierra West Advisors Mr. Bruce Coleman City of Azusa July 1, 2007 Page 10 C. REAL ESTATE SERVICES Tierra West is available to perform real estate related services. These services include: 1. Property Management: If needed, Tierra West is available to provide property management services for City-owned properties. Typically, Tierra West has provided interim management services when either the property will be held for only a short time, or when time is needed to select a long-term, permanent management company. 2. Property Acquisition/Negotiation: Implementation programs frequently require property acquisition and negotiation services. Tierra West is available as needed to provide such services. All services will be provided in conformance with State guidelines regulating the acquisition of properties by public entities. 3. Relocation: From time to time, relocation services have been required, and although Tierra West does not directly provide these services, Tierra West has contracted with, and overseen the work of other specialty relocation consultants and can continue to provide this service. D. PUBLIC AGENCY ADMINISTRATION Tierra West is available to assist the City with all other administrative activities as needed. Tierra West has experience in assisting staff with establishing procedures that can then be implemented without consultant involvement: Administrative activities may include: 1. Agenda Materials: Tierra West will draft resolutions, reports, notices, plans, agenda staff reports, and back-up materials as requested by City staff. 2. Meetings: Tierra West staff is available to attend meetings of the City Council or Board of Directors of the Redevelopment Agency, Housing Authority, Planning Commission, project advisory committees, and meetings with property owners and residents, when necessary. Tierra West has a track record of developing good working relationships with both affected citizens and with staff members. 3. General Administrative Services: Tierra West is available to assist the City with all other administrative matters on an as-needed basis. These services could include assisting with City filing document control systems, providing specialized services related to real estate appraisals, acquisition negotiations, relocation, market analysis, detailed development analysis or goodwill appraisals. Tierra West may not directly provide all of these services but could assist by identifying those consultants who have experience in the necessary areas of expertise and coordinating the provision of their services. E. PROJECT FINANCING 1. Tax Increment Financings: The City has been implementing its programs with funds realized by prior bond issues. As revenue increases and funds are needed for Tierra West Advisors Mr.Bruce Coleman City of Azusa July 1, 2007 Page 11 additional implementation activities, Tierra West is available to provide fiscal consulting services needed for the issuance of tax increment securities. These services would include tax increment revenue projections based on current year assessed valuations, historical trends, building permits issued for in-progress projects, review of planned new development, and the effects of pass-through agreements. Tierra West is also available to provide financial advisory services, assist with preparation of Official Statements, and other issuance procedures. . 2. Finance Strategies: Tierra West has worked with cities and agencies in the past to determine the best use of the funds available. Because the City is involved in both public improvements and private developments, it is important that the tax exempt funds (which must be used for public projects) and other less restricted funds be used to their best end. Tierra West can advise the City regarding its best use of bond proceeds, housing funds, land/real estate proceeds, and tax increment funds. F. REPORTING REQUIREMENTS 1. Annual Budget and Work Program: Redevelopment Law (HSC Section 33606) requires all Redevelopment Agencies to prepare an annual budget that includes the proposed expenditures, proposed indebtedness, anticipated revenues, and a work program for the coming year, and an analysis of prior year accomplishments. Tierra West will utilize information from the City budget to prepare the annual budget to comply with Redevelopment Law. 2. State Controller's Report: If needed, Tierra West will assist staff in preparing this required report, particularly the Housing and Community Development portion of the report. 3. Statement of Indebtedness: Tierra West is available, if needed, to assist with the preparation of this document, although likely this has been, and will continue to be done by the City finance department. 4. Monitoring Deed Restrictions: Redevelopment Law requires the Agency to expand and improve the supply of affordable housing and to record deed restrictions to assure continued income level compliance. Tierra West is available to monitor these deed restrictions on an ongoing basis. G. SPECIAL PROJECT ACTIVITIES Tierra West is available to prepare necessary analysis and documentation for any specific implementation activities. 1. Economic Development Strategies: Economic Development Strategic Plans are important for addressing public infrastructure deficiencies, land use issues, business retention/attractions programs, streetscape programs and other projects that could be impacting business growth within the city. Tierra West Advisors Mr. Bruce Coleman City of Azusa July 1, 2007 Page 12 2. Cost Benefit Analysis/Economic Impact Analyses: Tierra West is available to aid the City in analyzing the costs and benefits of specific development proposals targeting specific users, and to help create an economic development program which is beneficial to the local tax base. Implementation of redevelopment plans should be accomplished in such a way as to promote economic stability and future revenue flow to the City and other taxing entities. With periodic slowdowns in real estate market activities, it is necessary for redevelopment agencies to take a lead role in promoting local economic development. 3. Specific Project Activities: As necessary, Tierra West is available to analyze specific projects, develop schedules and budgets, and prepare necessary documentation. Tierra West Advisors EXHIBIT A STAFF RESUMES SEE FOLLOWING PAGES Tierra West Advisors ' Tierra West Advisors, LLC—Principal—2006 Provides project management and implementation services for a variety of real estate consulting services to both public and agencies EDUCATION and private industry. Program management services include coordination with client staff and supporting consulting services required in the real estate program process. Coordinates negotiation Graduate School of Management Real of all forms of real estate contracts, professional services for Estate engineering, title insurance, appraisals,escrow services,acquisition and Finance Certificate relocation services. Consulting engagements have included University of California,Los Angeles acquisition, disposition and development agreements, owner participation agreements and lender negotiations. Specializes in Bachelor of Science economic evaluation and feasibility analysis for retail commercial Business and Finance centers, office projects, hotel projects, industrial projects, and single Loyola-Marymount University and multifamily housing. Rosenow Spevacek Group—Principal—1990 to 2006 Principal for 15 years. Established the real estate program Professional Affiliations management group for the Rosenow Spevacek Group. Provided project management and implementation services for a variety of real Urban Land Institute (ULI) estate consulting services to public agencies. International Council of Shopping Center PacTel Properties -Director of Projects—1985 to 1990 Owners (ICBG) Directed all acquisitions, development, and portfolio management in National Association of Housing and Los Angeles, Orange, and Ventura Counties. Projects included raw Redevelopment Officials-So. California land development, development of commercial and industrial Chapter Instructor(NAHRO) product, office building rehabilitation, recreational properties, and multiple family housing developments. Responsibilities also included California Redevelopment Association- marketing of company services and leasing activity for the portfolio. Redevelopment Institute Instructor Acquired and developed over 1,500,000 square feet of building space (CRA) in excess of$250,000,000 in value. National Association of Corporate Real Tierra West Real Estate Consultants—Principal—1980 to 2006 Estate Executives Principal in charge of a multidiscipline professional real estate California Association of Realtors consulting group providing services to corporations and private (CAR) entities. Projects included corporate real estate planning and long- range projections. Asset management services for large commercial California Restaurant Association office projects, including financial and property management (CRA) oversight; and coordinated negotiations to acquire property through purchase and by leasing. California Licensed Real Estate Broker- Current Tierra West Advisors Tierra West Advisors,LLC—Principal-2006 Provides project management and implementation services for a variety of real estate consulting services to both public and agencies and private industry. Program management services include coordination with client staff and supporting consulting services required in the real estate program process. Coordinates negotiation of all forms of real estate contracts,professional services for engineering,title insurance,appraisals, escrow services,acquisition services and relocation services. Consulting EDUCATION engagements have included acquisition,disposition and development agreements,owner participation agreements and lender negotiations. Bachelor of Arts Specializes in economic evaluation and feasibility analysis for retail Geology commercial centers,office projects,hotel projects,industrial projects,and Rutgers University single and multifamily housing. Master of Business Administration Rosenow Spevacek Group—Director-1998 to 2006 Concentration in Real Estate and Entrepreneurial Ventures Advises public and private sector clients on negotiation assistance Rutgers University packages for affordable housing, hotel, and commercial developments. Acquires property for client development projects, structures financing, and negotiates owner participation agreements and disposition and development agreements. Professional Affiliations Pacific Realty Investments—Principal—1990 to 2006 Provided acquisition, disposition, construction management, property Urban Land Institute development, and consulting services to public and private sector clients. (ULI) Acquired and rehabilitated multifamily foreclosures, developed affordable housing projects, provided property management and property investment services. PacTel Properties-Vice President—1984 to 1990 Professional Certifications Set up and ran Southern California offices for commercial real estate investor. Developed raw land, office, and industrial projects worth over Licensed Real Estate Broker $300 million. Negotiated partnership agreements, directed leasing and State of California property management, acquired financing for all projects, put together Community Facilities District financing for a 500-acre industrial park Licensed General Contractor putting in area infrastructure serving company project as well as State of California surrounding development- Pacific evelopmentPacific Bell-Real Estate Manager—1980 to 1984 Negotiated all real estate transactions for regional telephone company in the Los Angeles area, supervising a property portfolio of over 5 million square feet. Negotiated major leases for parent AT&T including $60 million west coast headquarters requirement in downtown Los Angeles. San Val Development-Project Manager—1977 to 1984 Developed shopping centers and office buildings for this Los Angeles based commercial developer. Managed all construction and coordinated tenant move-ins for Canyon Plaza Shopping Center and the Coast Federal Savings Building on Ventura Boulevard. Tierra West Advisors Tierra West Advisors, LLC—Director-2006 Responsible for assisting with redevelopment plan adoptions and amendments, real estate services, implementation activities, bond issues, and planning and scheduling project activities. Assignments include feasibility analysis, land use analysis, revenue projections, data analysis/gathering, database EDUCATION design/management, and document preparation. Mr. Garcia has worked in this capacity for the Cities of Pittsburg, Signature Properties, Huntington Beach, Bell Gardens, Burbank, Santa Master of Public Administration Ana, San Marcos, Rohnert Park, Port Hueneme, El Monte, La Concentration in Urban Planning Quinta Lawndale, Stockton, Riverside, San Gabriel, Santa and Management California State University,Fullerton Barbara, Fountain Valley and Lemon Grove. Bachelor of Arts Rosenow Spevacek Group—Senior Associate—1998 to 2006 Political Science University of California,Irvine Responsible for assisting with redevelopment plan adoptions . and amendments, real estate services, implementation activities, bond issues, and planning and scheduling project activities. Council Member Assignments include ' feasibility analysis, land use analysis, City of Santa Ana, CA revenue projections, data analysis/gathering, database Current design/management, and document preparation. Mr. Garcia has worked in this capacity for the Cities of Burbank, Santa Ana, Bell Gardens, San Marcos, Rohnert Park, Port Hueneme, El Monte, La Quinta, Lawndale, Stockton, Riverside, San Gabriel, Santa Barbara, Fountain Valley and Lemon Grove. City of Santa Ana- Personnel Technician—1995 to 1998 Performed recruitment, selection, classification and compensation duties for City departments. Assisted in performing classification and compensation studies and reports, and completing salary and benefit surveys. Assisted in answering Equal Employment Opportunity Commission and Department of Fair Employment and Housing requests for information. Designed databases for City programs and reporting requirements. Compiled information for employee grievance and discipline investigations. Analyzed and drafted language for employee Union provisions. Provided research assistance to other City departments for grant applications. City of Santa Ana- Senior Administration Intern—1993 to 1995 business retention and attraction activities of companies for the City. Marketed the Enterprise Zone, Foreign Trade Zone and Facade Improvement Rebate Program. Assisted in implementing the Santa Ana Enterprise Zone. Coordinated the Fapde Improvement Rebate Program for companies located in Redevelopment Project Areas. Conducted eligibility verification for the Job Training Partnership Act and the Targeted Jobs Tax Credit. Conducted surveys and presented findings. Tierra West Advisors Tierra West Advisors, LLC—Director—2006 Responsible for assisting with redevelopment plan adoptions and amendments, real estate services, implementation activities, bond issues, and planning and scheduling project activities. EDUCATION Assignments include feasibility analysis, land use analysis, revenue projections, data analysis/gathering, database design/management, and document preparation. Mr. Ometeotl has worked in this capacity for the Cities of Redlands, San Master of Planning Bernardino, Fontana, Cypress, Firebaugh, San Joaquin, Specialization in Local Economic Montclair, Azusa, Irwindale, Yucaipa Pleasant Hill, the County. Development of Fresno and the Orange County Fite Authority. University of Southern California Bachelor of Science Rosenow Spevacek Group- Senior Associate —2004 to 2006 Urban and Regional Planning Cornell University Primary responsibilities include supervision of the collection and evaluation of project related data,project management support,report preparation, increment revenue analysis, assisting in redevelopment plan adoptions and amendments, field surveys and the formulation of Professional Affiliations public revenue projections. Additional duties include interfacing with clients, providing support to Principals, preparing agenda items for presentation to and approval by public bodies and agencies. Project experience includes: assistance with affordable housing project American Planning Association analysis for the cites of Arroyo Grande, Cypress and Glendale;project Southern California Planning Congress manager for inclusionary housing ordinance studies for the cities of San Jacinto and Redlands. Plan adoption/amendments for the cities of Cypress, Firebaugh, Fontana, and Pleasant Hill and the County of San Bernardino. Pioneer Valley Planning Commission- Community Development Planner—2002 to 2004 Prepared,implemented,and managed municipal grant funded projects such as infrastructure improvements, social services, and housing rehabilitation and construction programs. Funds managed were from such sources as CDBG, HOME, National Trust for Historic Preservation,Rads to Trails and the EPA. Provided technical expertise in planning and development to municipalities within the region. Partnered local, state and federal agencies to implement major infrastructure projects. City of Azusa Community Development Department — Intern — 2001 to 2002 Primary dudes were to act as "counter planner" for the Planning Division, coordinate development proposals and conduct field inspections of proposed projects. Drafted staff reports to the Planning Commission and City Council regarding various entitlement requests. Additional responsibilities included the preparation of Negative Declarations and Notices of Exemptions in compliance with CEQA. Tierra West Advisors Mr. Bruce Coleman City of Azusa July 1, 2007 Page 18 Tierra West Advisors, LLC—Senior Associate—2006 Advising clients on economic development strategies, negotiating development agreements between redevelopment agencies and developers. Providing interim management EDUCATION services to public sector clients. Hopldns Real Estate Group-Director of Government Affairs Bachelor of Science -June 2005 to January 2006 Law Western State University College of Law Acquisition of property for the development of retail/affordable housing projects. Established and maintained communications with Associate of Arts cities to find vacant or underutilized properties for development Business Management Maintained communications with housing developers and inquire into Cerritos College the possibility of excess property for development of retail or affordable housing. Maintained a working relationship with the Community Redevelopment Association (CRA) to keep abreast of all legislation that may affect development. Coordinated projects with development managers to ensure entitlement process is on schedule. Professional Affiliations Introduced an affordable housing component to the company. Co-Owner of Gold Key Realty City of Westminster — Economic Development Director — 2001 Garden Grove, California to 2005 Current Negotiate and prepare all Disposition and Development Agreements (DDA). Retain and attract businesses into City. Worked with developers to process all entitlements for new construction. Visit businesses to ensure their retention in City. Supervise personnel. Make presentations to City Council/Agency Board at public meetings. Meeting with credit tenants to attract them into City. Design and implement guidelines for commercial rehabilitation programs. Track sales tax generators to identify trends. Coordinate activities with City planning and building departments. Follow through on developer's entitlement process. City of Norco —Economic Development Coordinator—1986 to 1988 Reviewed and analyzed all Development and Master Plan Proposals. Negotiated all exclusive rights for Disposition and Development Agreements (DDA) and Owner Participation Agreements (OPA). Responsible for all real estate transactions and land acquisition including the opening and monitoring and dosing of all escrows with private property owners and developers. Reviewed all CC&R's and Title Reports. Represented the City regarding its policies and projects to outside agencies.Assisted in preparation of the Redevelopment Budget. City of La Mirada-Assistant to the City Manager/Redevelopment- 1982 to 1986 lesse Saucedi./ Tierra West Advisors,LLC—Analyst—2006 Assist in the development of impact reports and pro forma analysis; economic development plans. Draft staff reports, resolutions, EDUCATION ordinances, public hearing notices, and all other related City, County, or special district documents. Office of Congresswoman Grace Napolitano Field Representative/Veterans Liaison—2004-2006 Master of Public Administration Candidate May 2008 Represented Congresswoman at various community events,city University of Southern California council and school board meetings. Responsible for constituent casework,including but not limited to local military veterans. Bachelor of Arts Coordinated annual Military Academy Day and assisted in selection of Political Science Congressional nominees. Established and maintain relationships with Boston University, May 2000 district veterans and health advisory committees, elected officials,and other-epresentadves from the public,private, and nonprofit sectors Madrid Internship Program Research Intern,BANCOMEXT(Commercial Office of California Secretary of State Kevin Shelley Office of Mexican Embasry) Field Representative/Voter Outreach Coordinator-2003 - 2004 Boston University,International Institute, Madrid,Spain Organized and promoted the My Vote Counts initiative, a nonpartisan voter outreach effort to promote participation through community- based organizations,mass media and the Internet.Assisted counties in identifying bilingual poll workers and the need for translation of outreach materials. Congressional Hispanic Caucus Institute (CHCI) Programs Manager 2002-2003 Created and managed the training and development of the program participants in both the summer internship and fellowship programs. Prepared,reviewed and scored each application submitted in the selection of program participants. Served as primary mentor for thirty summer interns and twenty graduate student Fellows. Coordinated CHCI's Issues Conference (attendance of 700 participants),Fiesta de Golf Charity Tournament (raised$200,000) and all other CHCI receptions;including managing thirty volunteers. Edited CHCI's Policy Recommendations—the byproduct of the Issues Conference providing formal public policy recommendations to Members of Congress. Office of Senator Edward M. Kennedy Legislative Intern 2000 Drafted residency correspondence for U.S.Ambassadors on behalf of constituency. Monitored constituent immigration case-work and interpreted for Spanish-speaking constituents. �rca�ctl]etiiG v Ge.�i'..'et;klep� � 'JC. u� dU Y yTJG,';Gsn rq.,c�(Y ZCC1;d.i.K Tierra West Advisors, LLC—Research Assistant—2006 Assist in the development of tax increment projection tables. Conduct research analysis for special client projects. Draft staff reports, resolutions, ordinances, public hearing notices, and all other EDUCATION related City, County, or special district documents. Provided such services for the cities of Artesia,Azusa and Rancho Palos Verdes. Orange County Transportation Authority—2004- 2006 Bachelor of Arts Business Administration - Emphasis in Prepare and present comment (complaint) analysis to the Executive Finance Director of External Affairs on a monthly basis. Problem solving, California State University Fullerton leadership,and communication skills are some of the qualities developed from my experience as customer relations representative. Associate of Arts Liberal Arts Santa Ana College C:1R;Nrtit P"<o203 vrc:m^:issk:co)�IY MJW 204NWic,2001'Po a twrt Pm pa;al FY 2M17 08c S WARRANT REGISTER NO. 24 \ FISCAL YEAR 2006-07 WARRANTS DATED 06/16/07 THROUGH 06/30/07A :01, FOR REDEVELOPMENT AGENCY MEETING OF 07-16-07 , RESOLUTION NO. 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 bylaw 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 $ 3,167.65 80-125-CBD CAPITAL PROJECTS FUND 190.769.55 80-135-WED CAPITAL PROJECTS FUND 80-135-WED CAPITAL PROJECTS FUND 80-165-618-2005 TAX ALLOCATION BONDS FUND 81-155-TAX INCREMENT SET-ASIDE FUND 4.500.00 82-125-CBD DEBT SERVICE FUND 82-135-WED DEBT SERVICE FUND 276.748.22 82-185-RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: S 475.185 42 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 2007. 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 2007. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary CSty of Azusa HP 9000 07/12/07 O P E N HOLD D B L I S T I N G By Ehtity Nme 1 JUL 12, 2007, 3:25 PM ---req: ROSE-------leg: (M JLr--loc: BI-MH 522875 #kJ507----P9m: CH400 <1.34> rpt id: UM02 SEEP FUND 0bd2S: 80-82 ; Check Issue Dates: 061607-063007 PE ID PE Nare ACJM,7r NVINEER / JCB NMER DTvoice Midler I)es=pticn St Disc. Ant. Dist. Ant. V10164 ARCADIA. PMF= 8010125000-6815 31601 FRXIY MUNI/110 PD 0.00 612.00 PEID 0.d: 612.00 Total: 612.00 V01305 A7USA. CTPY FFD C 8000000000-3035 2610/0701013 PR413/07 FD 0.00 234.63 PEID d: 0.00 Paid:- 234.63 Total: 234.63 V95948 OF 8000000000-3042 060107 REDvB MED/DEP CA PD 00.00 646.55 PEID 0.00 Paid: 646.55 Total: 646.55 V06783 =ST= 8000000000-3010 2315/0701013 FR#13/07 PD 0.00 589.82 PEID Th¢x�id: 0.00 Paid 589.82 Total: 589.82 V08010 LUTE'S IA 1PI 8010125000-6815 00206 FY 2006/07 LAM PD 0.00 320.00 PEIDi 0.00 Paid: 320.00 Total: 320.00 V10300 INIERICP, EE= 8000000000-2745 2694 amtiacts Pbl/Co PD 0.00 -2,155.56 V10300 1NTFRIQR E vr= 8000000000-2745 2705 Cx±racts 11 Cb PD 0.00 -768.40 V10300 1NIMICR DEM= 8010125000-7110/505700-7110 2705 SLK 36 EE,D/ PD 0.00 7,684.00 V10300 INIMICP i�d'�' 8010125000-7110/505700-7110 2694 ELK 36 LII D PD 0.00 21,555.60 V10300 II7IFRI�t D�SDLTT 8000000000-2745 2685 cm-±Z t6 f FD 0.00 -4,345.00 V10300 IITIN332ICP T7FTR= 8000000000-2745 2684 Cmtracts Pbl Cb PD 0.00 -10,598.64 V10300 INIERICIZ M= 8010125000-7110/505700-7110 2684 ELK 36 DEAD/ PD 0.00 105,986.40 V10300 INIFRICR i7Flvt)7dT 8010125000-7110/505700-7110 2685 KD= EEvO ABA PD 0.00 43,450.00 MIDd: 0.00 160,808.40 Tial: 160,808.40 wCi of Azusa HP 9000 07/12/07 O P E N H 0 L D D B LISTING pie IH[T JUL 12, 2007, 3:25 HN ---raq: ROM-------leg: (IJL---lcc: BI-TEH---Jcb: 522875 #J507—BY C 00<t1.34 xpt id: Cl-IiTR02 SE= FUO Axles: 80-82 ; Check Issue Dates: 061607-063007 PE ID PE Narre ACC= NUvEER / JOB NU"ffi2 Invoice Number Des=pticn St Disc. Ant. Dist. Arct. V05574 imi MXNI'AIN RE 8010110000-6493 HP75432HP75440 HP75432-HP75440 FD 0.00 . 77.52 PEIDLh aid: 0.00 d: 77.52 Tbtal: , 77.52 V95334 JOSEPH & ASSCC, 8110155000-6345/505300-6345 AZU139 CIS REHAB/H3 E PD 0.00 4,500.00 EID d: 0.00 P d: 4,500.00 Total: 4,500.00 V03126 LIN= NAT CML 8000000000-3010 2325/0701013 PIV13/07 PD 0.00 295.63 PEIDUr�id: 0.00 Paid: 295.63 Total: 295.63 V04706 LOS AN= CCIN 8010125000-6625/505700-6625 062507 EU06 CB�A FILIN PD 0.00 . 2,550.00 PMD Uh id: 0.00 Paid: 2,550.00 Total: 21550.00 V00227 MXZ2E IMMANJ G 8010125000-6399/505800-6399 0022281 FU3UC CURRFACIV PD 0.00 14,279.15 PEIDUrA�id: 0.00 Paid: 14,279.15 Total: 14,279.15 V00540 OFFICE LEEY7I' INC 8010110000-6530 388628874001 463752 CLASS. FO PD 0.00 20.45 PEID Umd: 0.00 Paid: 20.45 Total: 20.45 V10355 PACIFIC MAST CI 8010125000-6399/505800-6399 10137 ALTA aRVEY/A1-T PD 0.00 10,500.00 PEIDd: 0.00 d: 10,500.00 Total: 10,500.00 City Ca of Azusa HP 9000 07/12/07 O P E N H 0 L D D B LISTING By Persai/Fhtity Nam 3. 'II JLL 12, 2007, 3:25 PM ---req: RCSE-------leg: , JL---loc: BI-TEM---jcb: 522875 #J507----pgn: CH400 <1.34> rpt id: CHFMR02 SECFRT FUSD Ctdes: 80-82 ; Check Issue Dates: 061607-063007 ' PE ID PE Mme ALM TI' NLMBFR / JCB NMER Irrvoice Naber D--=pticn St Disc. Ant. Dist. krt. V92617 PRICE F4= 8210135000-7001/503301-7001 061907 PRICE CLS NIE YR PD 0.00 276,748.22 PEID Uia�d: 0.00 Paid: 276,748.22 Total: 276,748.22 V06703 PRCFCRYA FRI= 8010110000-6235 0660004343 l,9EIl30 TRAIN SIRE PD 0.00 682.25 PEID Upaid: 0.00 d: 682.25 Total: 682.25 V09301 SAFE= LENIAL 8000000000-3052 1383262 PMWAS14433/S38 FD 0.00 163.13 PEID 0.00 Paid: 163.13 Total: 163.13 V02371 SPRINT 8010110000-6915 058103197800407 FCS CAMS'/ PD 0.00 15.14 V02371 SPR]NT 8010110000-6915 058103197800307 P S � NSI PD 0.00 15.66 PEID Ulp3aid: 0.00 Paid: 30.80 Total: 30.80 V08056 SIPN aM IINKRAN 8000000000-2725 1220/0701013pp�13/07 PD 0.00 62.13 V08056 SISEAM MELFAN 8000000000-3044 1255/0701013 PR#13/07 PD 0.00 185.79 PEID d: 2407.92 Total: 247.92 V00877 SlP.TE 91'1RD OF E 8010125000-6340/502801-6340 062507 PLAN MEND FTT,IN PD 0.00 1,700.00 PEID Ile: 0.00 Paid: 1,700.00 Total: 1,700.00 V00388 VERI71N 8010110000-6915 6261975078052807 626-1975078 PD 0.00 30.94 FEID ihjDaid: 0.00 0 wi C7 of Azusa HP 9000 07/12/07 O P E N H O L D D B LISTING II JUL 12, 2007, 3:25 FM ---rex: MSE-------leg: C� JL---lcc: BI-'ID�-I---job: 522875 #J507—�-pgr �00<11.34 rpt id: �Z02 SE[FS't' FUZ Cx3es: 80-82 ; Check.Issue Dates: 061607-063007 PE ID PE NmACIS,LNP NUPE R / JCE3 NUvEE 2 Invoice nEber Des=pticn St Disc. Ant. Dist. Pict. Paid: 30.94 Total: 30.94 V00876 MRMIMN KMA 8000000000-3010 2335/0701013 PR413/07 PD 0.00 148.01 MID 0.00 Paid: 148.01 Total: 148.01 GRAND TOTALd: 0.00 d: 475,185.42 Tbtal: 475,185.42 s t A\C\ AZUSA ORDINANCES TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT B. GARCIA, CHIEF OF POLICE VIA: F.M. DELACH, CITY MANAGER/0,v) DATE: JULY 16, 2007 SUBJECT: AN ORDINANCE OF THE CITY COUNCIL RESTRICTING IMITATION FIREARMS (TOY OR REPLICA GUNS) RECOMMENDATION It is recommended that City Council consider any public comments during the public hearing, waive further reading, read by title only and introduce the following Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 46, ARTICLE X OF THE AZUSA MUNICIPAL CODE REGARDING RESTRICTIONS FOR IMITATION FIREARMS (TOY OR REPLICA GUNS) EXECUTIVE SUMMARY The proposed Ordinance adds new language to the Azusa Municipal Code to: (1) prohibit the possession of imitation firearms by minors; (2) prohibit the sale and/or distribution of imitation firearms to minors; and (3) prohibit displaying or exposing any imitation firearm in a public place. The proposed Ordinance includes a definition of imitation firearms to include any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm. In addition, the term "BB device" means any instrument that expels a projectile, such as a BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun. The proposed Ordinance also adds criminal and administrative penalties, including revocation of business licenses when applicable, and declares that the criminal and administrative penalties imposed are in addition to any State penalties. BACKGROUND /(, 17// ///e • • The Azusa Municipal Code currently prohibits minors from possessing firearms (unless at a shooting range with parental authorization). However, the Code does not contain any language that specifically prohibits minors from possessing imitation firearms, also known as toy guns or replica guns. City Council Members and City staff have expressed concerns that the sale and distribution of imitation firearms to minors by local ice cream vendors is becoming a serious problem. For example, the Azusa Police Department recently received a call that children were playing in a public area with what appeared to be handguns. A potentially tragic situation was avoided because the responding police officers identified the handguns as imitation firearms. It was later discovered that the imitation firearms were purchased by the children from a local ice cream vendor. Although the Azusa Municipal Code currently does not prohibit imitation firearms, the California Penal Code specifically prohibits selling or furnishing imitation firearms to minors. In addition, the Penal Code prohibits openly displaying or exposing any imitation firearm in a public place. The Penal Code also imposes specific penalties and fines for applicable violations. These Penal Code provisions have been incorporated into the proposed Ordinance with regard to penalties, prohibitions on displaying imitation firearms in public, and definitions of imitation firearms and BB devices. Regarding penalties, the proposed Ordinance adds new section 46-438 to impose specific penalties for violating restrictions on imitation firearms. The penalties provide that any violation of these provisions can be criminally prosecuted as a misdemeanor. In addition to criminal penalties, the City can impose administrative fines against the violator. Also, if the violator has a current City business license, the City can revoke the license under its existing procedures in the Azusa Municipal Code. The proposed ordinance also declares that the penalties it provides are in addition to any applicable penalties under State law. In effect, a person who violates the provisions of the proposed ordinance could be prosecuted by the City for a misdemeanor, cited for an administrative fine, lose their business license (if applicable), and also be subject to penalties under State law. In addition, the proposed ordinance adds language to existing sections 46-432 and 46- 433 of the Azusa Municipal Code to define imitation firearms, prohibit minors from possessing imitation firearms and to prohibit anyone from selling or furnishing imitation firearms to minors. The proposed ordinance also adds new section 46-437 to prohibit anyone from openly displaying or exposing any imitation firearm in a public place. FISCAL IMPACT Adoption of the proposed Ordinance is not anticipated to create a fiscal impact because it merely amends the Azusa Municipal Code by expanding the existing prohibitions on possession of firearms by minors to include imitation firearms. ENVIRONMENTAL IMPACT 2 The proposed Ordinance is not an activity subject to the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section 15060(c)(2) and (c)(3) [the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment; the activity is not a project under Section 15378]. 3 ORDINANCE NO. 2007 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 46, ARTICLE X OF THE AZUSA MUNICIPAL CODE REGARDING RESTRICTIONS FOR IMITATION FIREARMS (TOY OR REPLICA GUNS) WHEREAS, California Penal Code sections 12500 through 12556 regulate the sale and distribution of imitation firearms, including BB devices; and WHEREAS, the existing provisions in the Azusa Municipal Code do not address imitation firearms; and WHEREAS, the City Council and City staff have expressed concerns over the dangers of imitation firearms begin sold and distributed to minors; and WHEREAS, the City Council desires to amend the Azusa Municipal Code to provide restrictions on the sale and distribution of imitation firearms to minors as well as to prohibit the possession of imitation firearms by minors. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 46-432 of Chapter 46, Article X is hereby amended to read as follows: "Sec. 46-432. Possession by minors. (a) Except as otherwise provided for in this article, it is unlawful for any minor person under the age of 18 years to have in his or her possession or under his or her control, care or custody any gun, revolver, pistol, firearm, spring gun, airgun, air rifle, sling, slingshot or device designed or intended to discharge or capable of discharging any dangerous missile, cartridge, projectile or any device containing any explosive substance designed or intended to be used in or fired from any gun, pistol or firearm. (b) Except as otherwise provided for in this article, it is unlawful for any minor person under the age of 18 years to have in his or her possession or under his or her control, care or custody any imitation firearm. As used in this article, "imitation firearm" means any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm. As used in this article, the term "BB device" means any instrument that expels a projectile, such as a BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun." Section 2. Section 46-433 of Chapter 46, Article X is hereby amended to read as follows: 1 "Sec. 46-433. Providing to minors. Except as otherwise provided for in this article, it is unlawful for any person to sell, give, loan or in any way furnish or to cause or permit to be sold, given or loaned or in anyway furnished to any minor person under the age of 18 years any gun, revolver, pistol, firearm, imitation firearm, spring gun, airgun, air rifle, sling, slingshot or device designed or intended to discharge or capable of discharging any dangerous missile, cartridge, projectile such as a BB or a pellet not exceeding 6mm caliber, or any device containing any explosive substance designed or intended to be used in or fired from any gun, pistol or firearm." This section shall not apply to or include any person who loans, gives or furnishes to any minor person under the age of 18 years any firearm or weapon or device when and only when it is so loaned, given or furnished with the express or implied permission of the parent or legal guardian of the minor and is for the purpose of such minor person under 18 years of age actually participating in shooting at any designated target ranges described in Section 46-435, or while traveling to or returning from such target ranges." ,Section 3. New section 46-437 of Chapter 46, Article X is hereby added to read as follows: "Sec. 46-437: No Public Display of Imitation Firearms. No person may openly display or expose any imitation firearm, as defined in this article, in a public place. For purposes of this section, the term "public place" means an area open to the public and includes, but is not limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, front yards, parking lots, playgrounds, automobiles, whether moving or not, and buildings open to the general public, including those that serve food or drink, or provide entertainment, and the doorways and entrances to buildings and dwellings. Violation of this section is subject to any and all penalties provided for in this article, as well as any applicable penalties under State law. This section shall not apply under the specific circumstances provided for in California Penal Code section 12556, subdivisions (d)(1) through (d)(13)." Section 4. New section 46-438 of Chapter 46, Article X is hereby added to read as follows: "Sec. 46-438. Penalties. (a) Criminal penalties. Any person who willfully violates the provisions of Chapter 46, Article X, sections 46-432 and 46-433 of this Code shall be guilty of a misdemeanor. 2 (b) Administrative penalties, In addition to or in lieu of criminal penalties, an administrative fine or penalty may be imposed as authorized in Chapter 1, section 1-24 of this Code for any violation of Chapter 46, Article X, section 46-432 or section 46-433. (c) Revocation or suspension of business license. In addition to the penalties provided in this section, any individual, business, business establishment, vendor, organization, or entity which possesses a valid business license granted by the city and which violates section 46-432 or section 46-433 of this article by selling, distributing, or otherwise furnishing imitation firearms to minors may be subject to revocation or suspension of such business license, pursuant to Chapter 18, Article I, section 18-21 of this Code. (d) State law. The provisions of this section are in addition to any penalties imposed by applicable State law, including but not limited to the California Penal Code, sections 12550 through 12556." Section 5. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after its adoption. Section 7. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED, AND ADOPTED this 16th day of July 2007. Joseph Rocha Mayor ATTEST: Vera Mendoza City Clerk 3 • f \\V AZUSA, ORDINANCES TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT B. GARCIA, CHIEF OF POLICE VIA: F.M. DELACH, CITY MANAGER/ITV/0 DATE: JULY 16, 2007 SUBJECT: AN ORDINANCE OF THE CITY COUNCIL RESTRICTING IMITATION FIREARMS (TOY OR REPLICA GUNS) RECOMMENDATION It is recommended that City Council consider any public comments during the public hearing, waive further reading, read by title only and introduce the following Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 46, ARTICLE X OF THE AZUSA MUNICIPAL CODE REGARDING RESTRICTIONS FOR IMITATION FIREARMS (TOY OR REPLICA GUNS) EXECUTIVE SUMMARY The proposed Ordinance adds new language to the Azusa Municipal Code to: (1) prohibit the possession of imitation firearms by minors; (2) prohibit the sale and/or distribution of imitation firearms to minors; and (3) prohibit displaying or exposing any imitation firearm in a public place. The proposed Ordinance includes a definition of imitation firearms to include any BB device, toy gun, replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to perceive that the device is a firearm. In addition, the term "BB device" means any instrument that expels a projectile, such as a BB or a pellet, not exceeding 6mm caliber, through the force of air pressure, gas pressure, or spring action, or any spot marker gun. The proposed Ordinance also adds criminal and administrative penalties, including revocation of business licenses when applicable, and declares that the criminal and administrative penalties imposed are in addition to any State penalties. BACKGROUND (ti>aPt ////7 i d/1 The Azusa Municipal Code currently prohibits minors from possessing firearms (unless at a shooting range with parental authorization). However, the Code does not contain any language that specifically prohibits minors from possessing imitation firearms, also known as toy guns or replica guns. City Council Members and City staff have expressed concerns that the sale and distribution of imitation firearms to minors by local ice cream vendors is becoming a serious problem. For example, the Azusa Police Department recently received a call that children were playing in a public area with what appeared to be handguns. A potentially tragic situation was avoided because the responding police officers identified the handguns as imitation firearms. It was later discovered that the imitation firearms were purchased by the children from a local ice cream vendor. Although the Azusa Municipal Code currently does not prohibit imitation firearms, the California Penal Code specifically prohibits selling or furnishing imitation firearms to minors. In addition, the Penal Code prohibits openly displaying or exposing any imitation firearm in a public place. The Penal Code also imposes specific penalties and fines for applicable violations. These Penal Code provisions have been incorporated into the proposed Ordinance with regard to penalties, prohibitions on displaying imitation firearms in public, and definitions of imitation firearms and BB devices. Regarding penalties, the proposed Ordinance adds new section 46-438 to impose specific penalties for violating restrictions on imitation firearms. The penalties provide that any violation of these provisions can be criminally prosecuted as a misdemeanor. In addition to criminal penalties, the City can impose administrative fines against the violator. Also, if the violator has a current City business license, the City can revoke the license under its existing procedures in the Azusa Municipal Code. The proposed ordinance also declares that the penalties it provides are in addition to any applicable penalties under State law. In effect, a person who violates the provisions of the proposed ordinance could be prosecuted by the City for a misdemeanor, cited for an administrative fine, lose their business license (if applicable), and also be subject to penalties under State law. In addition, the proposed ordinance adds language to existing sections 46-432 and 46- 433 of the Azusa Municipal Code to define imitation firearms, prohibit minors from possessing imitation firearms and to prohibit anyone from selling or furnishing imitation firearms to minors. The proposed ordinance also adds new section 46-437 to prohibit anyone from openly displaying or exposing any imitation firearm in a public place. FISCAL IMPACT Adoption of the proposed Ordinance is not anticipated to create a fiscal impact because it merely amends the Azusa Municipal Code by expanding the existing prohibitions on possession of firearms by minors to include imitation firearms. ENVIRONMENTAL IMPACT 2 The proposed Ordinance is not an activity subject to the California Environmental Quality Act ("CEQA"), pursuant to State CEQA Guidelines Section 15060(c)(2) and (c)(3) [the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment; the activity is not a project under Section 15378]. 3 - • V/\ \\4 AzusA n f r CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER VIA: F. M. DELACH, CITY MANAGER A4 DATE: JULY 16, 2007 SUBJECT: Authorization to Solicit Request for Proposal - Supplemental Garage Services RECOMMENDATION It is recommended that the City Council authorize staff to solicit "Request for Proposal" for supplemental garage services. BACKGROUND In January of 2005 the City entered into a contract with an automotive repair firm to assist in the maintenance of the City's rolling stock (vehicles). Currently the City has 125 vehicles that are serviced by the Public Works Garage Division. The Garage Division is currently staffed by one person that works a 4/10-work schedule. Originally when the City reduced it's staffing from two to one mechanics it was thought that by using local repair shops the vehicles could be dropped off at local and then picked up when they were repaired to assist the City's mechanic when needed. However, it was determined that this was inefficient and that an on-site contractor would be more efficient. Currently the supplemental garage contract is being provided on a month-to-month agreement. Staff would like to gather new proposals to provide services on an annual basis. The attached Request For Proposal (RFP) document is submitted to the City Council for review and approval. Once all the proposals are collected from local contractors, staff will bring back to the City Council the lowest responsible bid for approval. FISCAL IMPACT Over the past 24 months the City has averaged $1,750 per month in parts and labor. The City Garage currently has $20,000 budgeted in subcontracted vehicle maintenance and Azusa Transit has $40,000 budgeted in subcontracted vehicle maintenance. Attachment: Request for Proposal �W; C //7/% CITY OF AZUSA REQUEST FOR PROPOSALS FOR CONTRACT FOR AUTOMOTIVE MAINTENANCE AND REPAIR SERVICES Submission Deadline: August 13, 2007 Late submissions will not be considered. Submit Proposals To: Vera Mendoza City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 CITY OF AZUSA NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that separate sealed Proposals will be accepted by the City of Azusa City Clerk's Office, 213 E. Foothill Blvd., Azusa CA 91702, California, phone (626) 812- 5229 until 10:00 a.m. on August 13, 2007, at which time they will be opened and reviewed for the provision of the following: "CONTRACT FOR AUTOMOTIVE MAINTENANCE AND REPAIR SERVICES" All proposals must be sealed and clearly identify the proposer's name, and address. The City of Azusa hereby notifies all proposers that it will affirmatively insure that in any contract entered into pursuant to this invitation, the City will not discriminate against any proposer on the grounds of race, color, sex, or national origin in consideration for the award. A pre bid conference will be held on Thursday, August 1, 2007 (10 a.m.) at the City of Azusa City Yard located at 809 N. Angeleno, Azusa, CA 91702. All persons responding to this invitation shall be aware that their proposals are deemed public records and may be subject to disclosure upon request. The City reserves the right to reject any or all proposals, to waive any informality or irregularity in any proposal received, and to be the sole judge of the merits of the proposals received. CITY OF AZUSA DATED: PUBLICHED: CLOSING: INSTRUCTIONS TO PROPOSERS NOTICE TO PROPOSERS The City of Azusa ("City") is seeking qualified proposals from automotive maintenance and repair service providers to provide automotive maintenance and repair services to the City. The City is seeking to select one service provider to serve the City for a (1) year term, which term may be renewed automatically. During the term, or extended term, of the contract, the selected provider will be responsible for performing the following general services: To assist our current in house mechanic staff with the maintenance and repair of city owned rolling stock composed of the following: 18 Heavy Duty Trucks (dump trucks, aerial bucket trucks, sewer jetter, etc) 24 Light Duty Trucks 2 Light Duty Vans 21 Medium Duty Trucks 4 Medium Duty Vans 9 Pieces of"offroad" equipment (backhoe/loaders, skip loaders, pavement roller, etc) 13 Passenger Cars (mid size and full size) 12 pieces of trailer mounted equipment (arrow boards, compressors, chippers, etc) 6 pieces of turf equipment (mowers, aerators, etc) 14 Transit Buses (10 and 20 passenger cut aways) 125 pieces of rolling stock Proper maintenance and repair services will require a comprehensive knowledge of internal combustion engines that operate on diesel, gasoline, and CNG. Likewise, extensive experience with heavy duty trucks and equipment (hydraulics, aerial personnel lifts, air brakes, power take offs, hydrostats, and other ancillary systems) in addition to light duty/medium duty conventional vehicles/trucks is required. Knowledge of proper service intervals and service protocols is mandatory and validation of mechanic skill level must be supported by ASE certifications. Reimbursement for services will be based on "flat rate" time (Motors, Mitchell, or other agreed reference) times a predetermined hourly rated. The above list is not exhaustive, but is intended to give the proposer a general sense of the anticipated services to be provided during the term, or extended term of the contract. The proposers shall be ranked from the top to bottom in accordance with the points each proposer receives, according to the City's selection criteria. The proposers with the highest points shall be recommended for the contract. The City Council shall decide in its sole and absolute discretion whether to enter into an automotive maintenance and repair services contract at all, even if there are one or more qualified proposers. The City shall have the sole and absolute discretion to determine whether it will subsequently seek future proposals for automotive maintenance and repair services. The City may automatically disqualify any proposal that does not meet the terms and conditions set forth in these "instructions to proposers." CONTRACT TERMS AND CONDITIONS In awarding any automotive maintenance and repair services contract, the selected proposer must agree to enter into a Maintenance Services Agreement ("Agreement") with the City and comply with the Azusa Municipal Code ("City Code") as conditions of receiving the contract. The City reserves the right to: (1)reject any and all proposals; (2) waive minor irregularities; or(3) disqualify any proposal that contains false or misleading information. LICENSES, PERMITS AND LAND USE APPROVALS The selected proposer must comply with all City, County and State standards and must, at the time it makes a proposal to the City and throughout the time that the propser provides services to the City, possess all other permits, licenses or land use approvals required by the City or any County, State or Federal agency to operate its business. The proposer shall identify in its proposal the location from which it will provide services to the City. The proposer must have, at the time is submits its proposal, the right to lawfully operate the business from that location. The business must lawfully be operating from such location at the time it submit its proposal. PROPOSER'S QUALIFICATIONS The City will only accept proposals from "qualified" proposers. To be "qualified," a proposer must demonstrate that he or she possesses the following minimum qualifications: • Certificate and/or proof of training in automotive maintenance and repair. • Demonstrated experience in automotive maintenance and repair. • Knowledge of applicable State and Federal laws and regulations. • Possession of all licenses, permits and land use approvals required to manage and operate an automotive maintenance and repair business. • Possession of sufficient insurance coverage, as required in the attached Maintenance Services Agreement. The following, although not considered "minimum qualifications", are desired and will be favorably considered by the City as it evaluates proposers. The list is not exhaustive: MANDATORY REQUIREMENTS ASE certified mechanics Competitive hourly rate Agree to "Flat Rage" Compensation System Ability to handle light duty, medium duty and heavy duty equipment Gas, Diesel, and CNG certified Familiarity with Specialized Equipment(aerial booms,backhoes, loaders, etc) Close proximity to City Yard (within 3 mile radius to City Yard) 52 week coverage Work within City Yard—eliminate drop off/pick up of vehicles Ability to work on "part time"basis (1-2 days per week)/ 52 week coverage Ability to provide all hand tools / pneumatic tools for mechanic operations (hoists, lifts, parts washer, air compressor to be supplied by cities) Any proposal shall contain written, signed answers, documents and/or any relevant information to demonstrate that the proposer(s) possess the minimum qualifications to carry out the contract. Proposers may also provide written, signed answers and/or relevant documents and information to demonstrate that they possess the additional qualifications listed above, as well as any other qualifications or abilities proposer(s) believe will assist in performing the duties specified in this request. In addition, proposer(s) shall provide, in writing, the fees they intend to charge for automotive maintenance and repair services. Said answers, information and documents shall be mailed in a sealed envelope as set forth in this request. AWARD OF CONTRACT Issuance of this Request for Proposals and receipt of proposals does not commit the City to award a contract. The City reserves the right to reject any or all proposals, to accept any proposal or portion thereof, to waive any irregularity, or disqualify any proposal that contains false or misleading information, and to take the proposals under advisement for the period of time stated in the "Notice Inviting Proposals," all as may be required to provide for the best interests of the City. In no event will an award be made until all necessary investigations are completed as to the responsibility and qualifications of the proposer to whom the award is contemplated. No person may withdraw his proposal for a period of ninety (90) days after the time set for opening thereof. INSURANCE Prior to the commencement of the automotive maintenance and repair services, the selected proposer shall provide to the City certificates of insurance with original endorsements, and copies of policies, if requested by the City, of the following insurance, with Best's Class A-or better carriers: (1) Workers' compensations insurance covering all employees and principals of the proposer, in a minimum amount of$1 million per accident, effective per the laws of the State of California; and (2) Commercial general liability insurance covering third party liability risks, including without limitation contractual liability, in a minimum amount of $1 million combined single limit per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form with a general aggregate limit. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party, or reduced in coverage or in limits except after thirty (30) days' prior notice has been given in writing to the City. The selected proposer shall give to the City prompt and timely notice of any claim made or suit instituted arising out of the selected proposer's operation hereunder. CITY OF AZUSA PROPOSAL RESPONSE FORM FOR AUTOMOTIVE MAINTENANCE AND REPAIR SERVICES Proposers are required to complete all required pages and return the proposal packet in a sealed envelope, plainly marked on the outside "AUTOMOTIVE MAINTENANCE AND REPAIR SERVICES," to the City Clerk's Office, 213 E. Foothill Blvd., Azusa, California 91702, by no later than 10:00 a.m. on August 13, 2007. 1. Hourly Shop Rate Charges Light duty sedans and trucks $ /hr Medium duty vans and trucks $ /hr Heavy duty trucks $ /hr Transit buses $ /hr Off Road Equipment(backhoe, loaders, etc) $ /hr 2. Parts Mark UP: Actual cost plus %mark up. 3. Attest to charge for services based on Hourly Shop Rate * Flat Rate Time compensation system. (authorized company signature) 4. Experience in light duty, medium duty, and heavy duty equipment (please attach a written statement outlining your company's experience). 5. ASE certification (please submit copies of all of your employees ASE certifications). 6. Experience in gasoline, diesel, and CNG vehicles and equipment (please attach a written statement outlining your company's experience and copies of any certifications attesting to your proficiency level in these 3 areas). 7. Experience with Specialized Equipment (particularly aerial boom trucks, backhoes, loaders, and transit buses). Please attach a written statement outlining your company's experience with these specialized pieces of equipment. 8. Attest to provide 52 week per year coverage (no service interruption of vacation or sick leave). (authorized company signature) 9. Attest to willingness and ability to work within the City Yard facility (809 N. Angeleno Street, Azusa, California 91702). (authorized company signature) 10. Attest to willingness and ability to work on a"part time"basis (1-2 days per week) and still provide 52 week coverage. (authorized company signature) 11. Attest to current possession of the requisite insurance and insurance coverage levels as required in the document. (authorized company signature) 12. attest to provide all necessary hand tools and pneumatic tools for mechanic operations (City to supply hoists, lifts, air compressor,parts washer, fluids, lubricants). (authorized company signature) TO: CITY OF AZUSA FROM: Company Name Address Authorized Signature Title Print Name Date Telephone Number FAX Number Proposer acknowledges by signature and agrees to be bound by the terms and conditions set forth in the proposal documents. Failure to comply with the aforementioned may result in disqualification of the proposal. The above-signed agrees to provide a service to the City of Azusa for AUTOMOTIVE MAITENANCE AND REPAIR SERVICES with the conditions set forth in the attached documents in detail without exceptions other than by mutual agreement. 7�i467 l ,"tfr. r AZUSA CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ANN GRAF DIRECTOR OF INFORMATION TECHNOLOGY a VIA: F.M. DELACH RAW CITY MANAGE DATE: JULY 16, 2007 SUBJECT: MATRIX SOFTWARE MAINTENANCE AND SUPPORT CONTRACT RECOMMENDATION 1. It is recommended that the City Council waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer software maintenance services and 2-523 section C, no competitive market, and approve the software maintenance and support contract from Matrix Imaging for 7/1/07-6/30/08, in the amount of $16,834.00. BACKROUND The City currently uses Matrix Imaging as the support vendor for its document management system. The city needs to retain software support from the vendor in order to provide for remote technical support via phone, limit any potential down time, and for product enhancements to this software. FISCAL IMPACT Funding for requested purchase is part of Information Technology Department operating budget FY 2008 in accounts 48499300006415. 1,7i7/,/)///l7111/1 (1/W7/1/( MATRIX G ® H :.. Invoice 3151 Airway Ave Suite H-1, Costa Mesa CA 92626 Date Invoice# 7/6/2007 0707-8833 TO: City of Azusa End User. 213 East Foothill Blvd. City of Azusa Azusa, CA 91702 213 East Foothill Blvd. Attn: Ann Graf-Tel#626-812-5024 Azusa,CA 91702 Attn: Ann Graf-Tel#(626)812-5024 P O No Terms Due Date Rep verbal Net 30 8/5/2007 TH/LH Description Serial&K# Qty Rate Amount --Total Document Imaging System--Taxable 1,782.00 1,782 OOT 1)Kofax Ascent Capture 25K/Mo SW Update Sery.;v7 0 Serial #MK11218;Quantity:(3) Period:7-1-2007 to 6-30-2008 —Total Document Imaging System--Non-Taxable 14,904 00 14,904 00 2)EMC WorkflowXtender SW Update Service Serial#3111595;Quantity:(1) 3)EMC AppXtender Workflow Proc Bldr SW Update Service Serial#3111598;Quantity:(1) 4)EMC Appxtender Workflow Svr SW Update Service Serial#3111597;Quantity:(1) 5)EMC Appxtender Workflow Svr(10-24)ST SW Update Service Serial#3111596;Quantity:(10) 6)EMC AppXtender Svr cc(12-49)ST SW Update Service Serial#3488631;Quantity:(25) 7)EMC WebXtender Svr CC SW Update Service Serial#3111594;Quantity:(19) 8)EMC AppXtender SVR CC ST SW Update Service Serial#3111592;Quantity:(6) 9)EMC Verity K2 Client(1-49)ST SW Update Service Serial#3111589;Quantity:(6) 10)EMC AppXtender OCR SVR SW Update Service Serial#3111591;Quantity:(1) 11)EMC Verity K2 SVR for AX SW Update Service We appreciate your prompt payment Subtotal Remit To MATRIX IMAGING PRODUCTS,INC. Sales Tax(8.25%) 3151 Airway Avenue,Suite H-1 Costa Mesa,CA 92626 Total Attn: Luanne Hallett Phone# Fax# E-mail Web Site 714-556-5600 714-513-2376 Tess.Gf3amneezfMatrixlmaginglnccorn www MatrixlmaginglnC.com MATRIX Invoice 3151 Airway Ave Suite H-1, Costa Mesa CA 92626 Date Invoice# 7/6/2007 0707-8833 TO: City of Azusa End User. 213 East Foothill Blvd. City of Azusa Azusa, CA 91702 213 East Foothill Blvd. Attn: Ann Graf-Tel#626-812-5024 Azusa,CA 91702 Attn: Ann Graf-Tel#(626)812-5024 PO No. Terms Due Date Rep verbal Net 30 8/5/2007 TH/LH Description Serial&K# Qty Rate Amount Serial#3438630;Quantity(1) 12)Matrix Imaging's Remote Technical Support via phone,fax, e-mail Note:Kofax,EMC and Matrix Terms&Conditions attached We appreciate your prompt payment- Subtotal $16,686.00 Remit To MATRIX IMAGING PRODUCTS,INC. Sales Tax(8.25°/x) $147.02 3151 Airway Avenue,Suite H-1 Costa Mesa,CA 92626 Total $16,833.02 Attn: Luanne Hallett Phone# Fax# E-mail Web Site 714-556-5600 714-513-2376 Tess.GamezaMatrixlmaginginccorn wvwr.Matrixlmaginginc.com 7//6/0 #:4#le: r AZUSA A7/_rrCCA CONSENT CALENDAR TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: ANN GRAF DIRECTOR OF INFORMATION TECHNOLOGY '`... VIA: F.M. DELACH AtAA0 DATE: JULY 16, 2007 SUBJECT: MOBILE COMPUTER DISPLAY COMPUTER SOFTWARE SERVER MAINTENACE CONTRACT RECOMMENDATION 1. It is recommended that the City Council waive formal sealed bids in accordance with Azusa Municipal Code Section 2-523 section B, computer software maintenance services and 2-523 section C, no competitive market, and approve the software maintenance and support agreement from Motorola Inc, in the amount of $20,716.00 BACKROUND The Police Department currently uses a wireless network for mobile communications between its Dispatch center, L.A. County Sheriff and other Azusa P.D. field units. The software used for this interface resides on a server in the police department. The city needs to retain software support form the vendor in order to limit any potential down time and for product enhances to this software. FISCAL IMPACT Funding for requested purchase is part of Information Technology Department operating budget fiscal year 2008, account number 48499410006415, /-7 7'4/ � S Scnt By: ADMINISTRATION; 82881 251 85; Ju1-10-07 4:37PM; Page 1/2 . :- '41;) '�d1 Q►LA #110 j r1I,- F IN'sOIC -� , 1907 E. A14onqufn Rd $chaumbu►•p,j JC 80196 •' .. _�'."•'.. N10?ORcO1J1 fNW1.CEt�IUMt>bF1: e• .t1A7Il: . 07/01/2007 1 WO our web rite et:wwM metorola.ctxn i • • :..PAYMENEpt : t-I - • - ! _susTotieRAcctannlig j 101230321 000* .PI) kat): r 023' �Yt itt �:.,... •.r.�•,•4 -ee 3 a VrOV.- ;• ' . *---`� aluTO AZUSA, CITY OF • P 0 10X 1395 • AZU51, CA 91702-1395 •• • For quiPaifilfli cUnc rn1itii.difa Mnaiae plot..contact Motorola at; 1-80044210 - 0072J0R3.61.00a2 1400it, i 00- I%•,RcE i0f... Mdtor4l R: lbrkt•.TIGt,loi A6 tin3 5 I • lnvoti> .lystatt . . Otir(No: 1 tkolber Description . ' iaintenance and Support Agreement 1003659$.000 P•oduet: Premier MDC telmery Contact: Lysell Nofford Ph; (en);812-3230 - ----- _— iiiLJJNU FOR YOUR SERYICE AGREEMENT • • ; VICE PERIOD FROM 01-JUL-07 TO 30-JUN•O8I I t' TOROIA CONTRACT • 500001001359 RN01-ARK-¢7 17:1!!!Q S RYICES CONTRACTED: ' • T• 12 SA-PRMDC-CUS PREMIER MDC SOFTWARE-COTOM AQ20.715.96 UBTOT� 20,715,96 P EASE PAY THIS AMOUNT (PAYMENT DUE: UPON:— ECE1Pd� 20.715.96 • - . GMch here and bottom portion withyourpayrrarnt MA I Payment Coupon INVOICENUMBER CUSTOMER ACCOUNT NUMBEREit11'Ot'R'-`-"-•--,.�1 7805 80 ' . 1612349321 0002 (....UPON REEIPT ) . .sa:y; `: : , j:per:.' .'_ $20,715.96 . �p� /S,14 Please put your P voice Number and your Customer AcciAmt Numhet on your check to prompt processing. : Send Payniritt•'to: AZUSA. CITY 0 ' P 0 80X•1395 AZUSA; CA 917 24395 13108.00Yettlpris Center Drive CHICAGO; IL 60693 U708-00509000800 1/312349321 0002 0000 0.70107 0002Li71.541:i 06 .. SEnt By: ADMINISTRATION; 8288125185; Jul-10-07 4:38PM; Page 2/2 1111007M1140LA INVOICE pig. 2 of 2 iceouny $2O715 90 1307 E. 41gonqufn Rd Scheumbui, '. IL 60196 :.114VOtkpmt; Tar +57.72007 Wig our esb site ei:wviw.mororole.com UPON RECEIPT cusrmARRAccommuibt4L, 1012349321 0002 • .M4it00650"r0Q0 eiuro AZIAA, CITY OF P ( 8OX 1395 • AZI40A. CA 91702-1395 For question*eencerkile#dile Invoice plow confect Mole oltat /400-4224710 • 007244b3sz-04042 PkteeNt TeNs: ..NET, OH RECEIPT . 1 MotoroTa frdefel Tex Tck: •:364115806 _ -----• •-• Invoice • • •Cprithild tor(* ) 'lure Wilber Description —Qty Unit Price Amount ArAriMei .1111/0,10.11.4101,1111.010110111.01411/1rtnini1111•111111101•040.001•••••*M•10 ;Or • • • Immo, ••••••= r•••••• r."•• ma+ • • 1 • • • • • • • • • • : t •