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Agenda Packet - October 01, 2007 - CC
r'Qt/FpR��P AGENDA CITY COUNCIL, AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM MONDAY, OCTOBER 1, 1007 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 of staff reports 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 fill 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 1. Swearing In Ceremony of two new officers as follows: Charles Wilkens and Steve Spahr IL 2. Certificates of Appreciation to the sponsors of the Summer Reading Program - 2007. 3. Representative of Los Angeles County Fire Department to express appreciation to the City Council. 4. Certificate of Appreciation to Southern California Edison, Elisa Clifford, for their cooperation and efforts at assistance with the Rosedale Power Line Relocation Project. u CLOSED SESSION 1. LIABILITY CLAIMS PURSUANT TO GOVERNMENT CODE SECTION 54956.95 CLAIMANT: A. Ventura, Agency claimed against: City of Azusa 2. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 1 120 West Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: S 8.S Foods Under Negotiation: Price and Terms of Payment 3. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 1 140 West Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: Price Self Storage Under Negotiation: Price and Terms of Payment 4. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 1030 West Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: R B Fiberfab Under Negotiation: Price and Terms of Payment 5. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 1020 West Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: Pro Auto Electric Under Negotiation: Price and Terms of Payment 6. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 1 100 West Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: Melco Steel Inc. Under Negotiation: Price and Terms of Payment 7. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Address: 1050 West Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: Corky's Place Under Negotiation: Price and Terms of Payment 10/01/07 PAGE TWO 8. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Address: 622 N. San Gabriel Avenue, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: John Gonzalez A/Miller Christine A Under Negotiation: Price and Terms of Payment 9. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 624-630 N. San Gabriel Avenue, Azusa, CA 91702 Agency Negotiators: City.Manager Delach and Assistant City Manager Person Negotiating Parties: JK Partnership Under Negotiation: Price and Terms of Payment 10. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 634 N. San Gabriel Avenue, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: Kwon Soon I Under Negotiation: Price and Terms of Payment 11 . REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 604 N. San Gabriel Avenue, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: City of Azusa Redevelopment Agency Under Negotiation: Price and Terms of Payment 12. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 150 West Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Person Negotiating Parties: Antranik and Houri Kassabian Under Negotiation: Price and Terms of Payment 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 - Reverend Leroy of the First Assembly of God Church 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 speaker's questions or comments shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty(60) minutes time.) 10/01/07 PAGE THREE B. REPORTS, UPDATES, AND ANNOUNCEMENTS 1. Presentation by Lowe Enterprises on the status of Block 36. C. SCHEDULED ITEMS 1. CONTINUED PUBLIC HEARING — ON AN APPEAL BY DAVID MARTINEZ, AIDM CORP. FOR THE DENIAL OF A CAFE ENTERTAINMENT PERMIT - 975 WEST FOOTHILL BOULEVARD, AZUSA, (D-CLUB) RECOMMENDED ACTION: Adopt Resolution No. 07-C82, Upholding the Police Department's decision and denying Cafe Entertainment Permit No. CE 2007-03. 2. URGENCY ORDINANCE AMENDING DIVISION 6 OF ARTICLE VI OF CHAPTER 78 OF THE AZUSA MUNICIPAL CODE REGARDING WATER CONSERVATION. RECOMMENDED ACTION: Waive further reading and adopt Urgency Ordinance No. 07-012, amending Division 6 of Article VI of Chapter 78 of the Azusa Municipal Code regarding water conservation subject to final review by City Attorney. D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. /f CouncAmembers 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 SEPTEMBER 17, 2007. RECOMMENDED ACTION: Approve Minutes as written. 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. THE CITY TREASURER'S REPORT AS OF AUGUST 31, 2007. RECOMMENDED ACTION: Receive and file report. 4. PURCHASE OF SEVEN 2007 FORD POLICE INTERCEPTOR VEHICLES. RECOMMENDED ACTION: Approve the purchase of seven 2007'Ford Police Interceptor vehicles from Clippinger Ford, 137 W. San Bernardino Road, Covina, CA in an amount not to exceed $164,883.93. It is further recommended that City Council approve the purchase of these vehicles based on a competitive bid process completed by the Los Angeles County Sheriff's Department, Contract #31080234 that covered a total of 350 Ford Interceptor vehicles. 5. PURCHASE OF SEVEN POLICE VEHICLE LIGHT BARS. RECOMMENDED ACTION: Approve the purchase of seven Code-3, 2100 Series emergency light bars to the lowest responsible bidder, Espino's Cop Shop Inc., 9851 Eighth Street, Suite M, Rancho Cucamonga, CA 91730, in the amount of $13,976.70. 10/01/07 PAGE FOUR 1 6. FINAL TRACT MAP NO. 63336-2,MAPLETON AT ROSEDALE RECOMMENDED ACTION: City Council acts and finds as follows: 1. That this project complies with the Gencral Plan and is consistent with the approved tentative map and any amendments thereto. 2. That this project will not violate any of the provisions f of Sections 66473.5, 66474.1, and 66474.6 of the Subdivision Map Act.3. The dedications of easements for Police and Fire Department and pedestrian access purposes, public utility purposes including water, sewers and storm j drains, and Lot A in fee simple for park and recreation purposes, as offered on the map, are hereby accepted. 4. The City Council approves and authorizes the City Manager to execute the attached Agreement for Completion of Public Improvements for Tract No. 63336-2 to construct the required public improvements and also accept the attached Faithful Performance Bond in the amount of$565,467.49, and the attached Labor and Materials Bond for $282,733.74 as guaranteed by Arch Insurance Company. S. That the City Council approve and authorize the City Manager to execute the attached Agreement to construct the required landscape improvements and also accept the attached Faithful Performance Bond in the amount of $70,796 and the attached Labor and Materials Bond for $35,398 as guaranteed by Arch Insurance Company. 6.Make a finding that, pursuant to Section 66436(a)(3)(A)(i- vii) of the Subdivision Map Act,the development of the property, in the manner set forth on the subject division of land,will not unreasonably interfere with the free and complete exercise of the easements held by Monrovia Nursery Company and accepts the map without the signatures of said easement holders. 7. Approve Final Tract Map No. 63336-2, and 8.Authorize the City Clerk to endorse on the face of the maps the certificates,which embodies the approval of said maps and acceptance of dedication of easements for Police, Fire Department and Pedestrian Access Purposes, Public Utility purposes including Water,Sewers and Storm Drains,and Lot A in Fee Simple for Park and Recreation Purposes as offered on the map. 7. BOND REDUCTIONS FOR TRACTS 54057-01 (BACKBONE STREETS), 54057-09 & 19 (EDGEMONT). 54057-11 (MAGNOLIA) AND 63336-01 (MAPLETON). RECOMMENDED ACTION: Approve the bond reduction request by Azusa Land Partners for Tract 54057-01 , 54057-09, 54057-11 , 54057-19 and 63336-01. 8. APPROVAL OF IANITORIAL SERVICE SPECIFICATIONS AND AUTHORIZATION TO SOLICIT BIDS. RECOMMENDED ACTION: Approve the janitorial Specifications and authorize the City Clerk to commence advertisement and the formal bidding procedure. 9. AUTHORIZATION TO SOLICIT BIDS FOR ANNUAL CONCRETE MANAGEMENT PLAN. RECOMMENDED ACTION: Authorize the City Clerk to commence advertisement and the formal bidding procedure for a Concrete Management Plan; contract will include an option to renew for two (2) proceeding years per Council Approval and fiscal allocation. 10. APOA CONTRACT AUGUST 1, 2007 THROUGH IDLY 31, 2010. RECOMMENDED ACTION: Adopt Resolution No. 07-83, approving the Azusa Police Officers Association (APOA) contract dated August 1 , 2007 through July 31, 2010. 11. NOTICE OF COMPLETION FOR CONSTRUCTION OF THE PIONEER PARK GAZEBO SHELTER PROTECT IN THE AMOUNT OF $93,299.84. RECOMMENDED ACTION: Approve the Notice of Completion for the construction of the Pioneer Park Gazebo Shelter Project as completed by AH Contractors and Heisler Landscaping, Inc. in the amount of $93,299.84 and authorize staff to file the Notice of Completion with the Los Angeles County Clerk. 12. WARRANTS. Resolution authorizing payment of warrants by the City. RECOMMENDED ACTION: Adopt Resolution No. 07-C84. 10/01/07 PAGE FIVE CONVENE AS THE REDEVELOPMENT AGENCY 1 E. AGENCY SCHEDULED ITEMS 1 . PUBLIC HEARING - TO CONSIDER A PROPOSED LEASE OF CERTAIN REAL PROPERTY LOCATED AT 850 W. TENTH STREET AZUSA RECOMMENDED ACTION: Continue the Public Hearing to the meeting of October 15, 2007. F. AGENCY CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. /f 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 SEPTEMBER 17, 2007. RECOMMENDED ACTION: Approve Minutes as written. 2. AGENCY TREASURER'S REPORT AS OF AUGUST 31,2007. RECOMMENDED ACTION: Receive and file the Report. 3. WARRANTS. Resolution authorizing payment of warrants by the Agency. RECOMMENDED ACTION: Adopt Resolution No. 07-1136. G. ADJOURNMENT I. Adjourn. UPCOMING MEETINGS: October 15, 2007,City Council Meeting- 6:30 p.m. (Auditorium) October 22, 2007, Utility Board Meeting- 6:30 p.m. (Light &Water Conference Room) November 5, 2007, City Council Meeting- 6:30 p.m. (Auditorium) November 19, 2007, City Council Meeting- 6:30 p.m. (Auditorium) In comp/lance with the Americans with Disabilities Act, if you need special assistance to participate in a citymeeting please contact the City Clerk at 626-812-5229. Notification three (3) workingdays prior to the meeting when special services are needed willassiststaffin assuring that reasonable arrangements can be made to provide access to the meeting. 10/01/07 PAGE SIX STATE CAPITOL �1 u DISTRICT OFFICE P.O.BOX 942849 1520 W.CAMERON AVE. (` SACRAMENTO,CA 94249-0057 / (916)319-2057 .f ✓{ , . SUITE ,C FAX(916)319-2157 ,�1` j' g t•slatu'rg WEST COVINA,CA 91790 - p„ A FAX (6)6)960 57 "fid FAX(626)960-1310 � am ED-,,HER•1VrANI7EZ _ :D. EM ASSBLYtv1EMBER,FIFTV-SEVENTH DISTRICT y,. SUMMARY REPORT PUBLIC SAFETY SUMMIT: GANG PREVENTION AND INTERVENTION HELD ON JUNE 29 , 2007 Printed on Recycled Paper TABLE OF CONTENTS Introductory Letter 3 Event Agenda 4 Presentation Summaries 5 Captain Michael W. Smith,LASD Industry Sheriffs Station 5 Deanne Castorena,LA County Deputy District Attorney's Office 5 Lieutenant George Zagurski,LASD Operation Safe Streets 6 Emilio I. Mendoza,LA County Department of Children & Family Services 6 Strategy Session 7 Challenges 7 Family/Parenting Issues 7 Community 7 Government/Public Agency Issues 7 Educational Issues 7 Other 8 Next Steps 8 Family/Parenting 8 Community 8 Government/Public Agency 8 Legislative Recommendations 8 Increase State Funding For: 9 Other 9 Appendix 10 Feedback/Comments 10 Gang Related Legislation 11 List of Resources 13 2 STATE CAPITOL COMMITTEES P.O.BOX 942849 }� COMMITTEES SACRAMENTO,CA 94249-0057 �,4j�t'� f, CHAIR.PUBLIC EMPLOYEES,RETIREMENT AND S (916)319-2057 O'Ear ifurnin XrgisIMfurr BUDGETOCIAL SECURITY FAX(9 16 319-2157 BUSINESS AND PROFESSIONS HEALTH DISTRICT OFFICE SUBCOMMITTEES 1520 W.CAMERON AVE. BUDGET SUBCOMMITTEES NO.1,HEALTH SUITE 165 _��r AND HUMAN SERVICES WEST COVINA.CA 91790CAUCUSES (626)960-4457 •^ DEMOCRATIC FAX(626)960-1310 ED HERNANDEZ,O.D. ENVIRONMENTAL ASSEMBLYMEMBER,FIFTY-SEVENTH DISTRICT LATINO Dear Friends, I would like to thank everyone who participated in the 57th Assembly District Public Safety Summit on Friday,June 29th,2007 at La Puente High School. The one day summit brought over 80 people in attendance including regional and local elected officials,public safety personnel, educators,and community members throughout the San Gabriel Valley and greater Los Angeles County. Representatives for Los Angeles County Supervisor Molina,as well as Governor Schwarzenegger,were also in attendance. The purpose of the Public Safety Summit was to raise awareness of the current programs in place that address gang activity in the San Gabriel Valley. Representatives from the Los Angeles County's Sheriffs Department,District Attorney's Office,and Children&Family Services shared how they address the challenges of gangs on a day to day basis. The summit also served as a way to build partnerships among cities,schools,various agencies and community organizations. The other goal of the summit was to engage those present in a strategy session,where people worked in small groups to identify the challenges we face with regards to public safety. For example,a.few groups saw a real need for more funding towards after school gang prevention programs,parent training and other types of programs for the community.This gave all participants the opportunity to share their experiences and thoughts.The second half of the strategy session,and what I consider the core of the summit,consisted of developing the next steps of our efforts to prevent and neutralize gang-related crime,sustain long-term gang reduction and provide youth with realistic alternatives to gangs. I am very pleased with the ideas that people came up with and I hope that some of these ideas will turn into potential legislation that I can introduce in the State Legislature next year. This summary was compiled to share key information raised at the Public Safety Summit. I hope that this is useful for anyone who would like to join this collaborative process to build safer communities and more opportunities for youth and families. As a life long resident of this area,I am committed to strengthening public safety in Assembly District 57 through gang prevention and intervention measures. I look forward to working with you to make the San Gabriel Valley a safe environment for everyone. Please feel free to contact my office should you have any questions or suggestions related to the information presented here. Sincerely, ED HERNANDEZ,O.D. Member of the State Assembly 571h Assembly District 3 EVENT AGENDA PUBLIC SAFETY SUMMIT: GANG PREVENTION & INTERVENTION June 29, 2007 - 9:00 am to 12:00 pm La Puente High School 15615 E. Nelson Ave. La Puente, CA 91744 I. Welcome Assemblyman Dr. Ed Hernandez II. Summit Overview Facilitator.Jorge Ronquillo, La Puente High School III. Presentations: Captain Michael W. Smith, LA SD IrdwtryShe;ffi Station Deanne Castorena, LA Ca&gDe[nuyDistriaAttomay's Lieutenant George Zagurski,LA SD Operation Safe Smets Emilio I. Mendoza,LA C wq Depanner qfC &bw& Fan ly Sercrar IV. Questions and Answers V. Break VI. Strategy Session Identifying Challenges Next Steps VII. Closing Remarks Assemblyman Dr. Ed Hernandez 4 PRESENTATION SUMMARIES CAPTAIN MICHAEL W. SMITH LASD INDUSTRY SHERIFFS STATION Captain Smith oversees Industry Station which provides law enforcement services to the unincorporated areas of Hacienda Heights, South San Jose Hills, Valinda, Bassett, and Avocado Heights, and the contract cities of Industry, La Habra Heights and La Puente. The Captain reported that in 2006, gang activity was at an all time high. There was gang war in the communities of La Puente and Valinda, shootings increased significantly and 34 murders were documented throughout the station's jurisdiction. Captain Smith shared some of the crime interdiction methods used such as prevention, intervention and incarceration. Their efforts from January to May in 2007 resulted in a decrease in gang murders by 140% from twelve to five and gang related assaults went down 24% from 53 to 39. Captain Smith emphasized the importance of gang prevention through the Department's Youth Activities League (YAL) and the Law Enforcement Academy (LEA) both which provide leadership and mentoring to keep lads from committing gang related crimes. DEANNE CASTORENA LA COUNTYDEPUTY DISTRICT ATTORNEY'S OFFICE Deanne Castorena, Deputy District Attorney in the Hardcore Gang Division is known as the gang injunction expert for the Los Angeles County District Attorney's Office (DAO). She briefly outlined the Strategy Against Gang Environments (SAGE) program which strengthens the collaboration between the DAO and local law enforcement. Ms. Castorena highlighted that court ordered gang injunctions can serve as a form of gang prevention by keeping youth from the exposure and harassment of gang violence. The Los Angeles County DAO also sponsors the Juvenile Offender Intervention Network COIN), an intervention program for fust time juvenile offenders which has proven very successful with an 80% completion rate. Seventy to eighty percent of JOIN graduates do not commit another offence within five years. Other programs that she mentioned included Code Enforcement, Abolish Chronic Truancy (ACI) and Legal Enrichment and Decision-Making (LEAD). Ms. Castorena emphasized the importance of teaching children the consequences of making good or bad choices. 5 LIEUTENANT GEORGE ZAGURSKI LASD OPERATION SAFE STREETS Lieutenant Zagurski of the Los Angeles County Sheriff's Department oversees the Operation Safe Streets Bureau which provides selective enforcement aimed at combating the criminal activities of hard-core gang members. Itis presentation introduced the issues of children's early exposure to gang cultures and it influences on their development. He highlighted the various collaboration efforts between the Los Angeles Sheriff's Department and the Los Angeles County Department of Children and Family Services to identify and protect "gang-endangered children". He shared a few situations encountered by his department which included young children who have access to loaded firearms, narcotics and those who live in life-threatening environments. Lieutenant Zargursky also stressed that "being a gang member isn't against the law, but exposing children to gang activity is." EMILIO I. MENDOZA LA COUNTY DEPARTMENT OF CHILDREN & FAMILYSERVICES Emilio Mendoza, as a child protective services investigator for the Los Angeles County Department of Children and Family Services (DCFS), he is an expert in the assessment of the impact of gang culture on children and families. Mr. Mendoza presented on the Multi-Agency Response Team (MART) of which he is the founder and Coordinating Supervisor. The program implements strategies such as providing trained & expedited responses, establishes a Centralized Operation Command nd and cooperates with local, state &federal law enforcement agencies. MART's mission is to provide focused and intense protective services to children and families. To this day it has rescued over 4,000 children from volatile environments of gangs, narcotics, weapons and other high risk circumstances. It also ensures all families are connected to proven effective community based programs. The key is to stop the generational cycle and indoctrination of children into gangs. 6 STRATEGY SESSION *7&e jdlouvg rq mew da?idms sharrrf by the p map ants at rhe Public Safiry Swre= CHALLENGES FAMILY/PARENTING ISSUES • Parents in denial that their children are involved with gangs,drugs, or criminal activity. • Lack of parenting skills and involvement in their children's lives. • Lack of communication between parents and children.Not questioning them when they come home with items that parents did not buy them • Clash between parents' and children's value system • Language barrier-parents and children cannot communicate in each other's native language. COMMUNITY • Lack of community/civic involvement. • Lack of a sense of community identity/ownership. • Lack of respect and responsibility at a young age. • Insufficient activities and recreational sites (community centers,parks, etc). • Lack of mentorship/leadership development. • Lack of motivation and personal responsibility towards one's actions. • Permissive society allows problems to perpetuate. • Lack of information on policies regarding the understanding of addiction. • Underutilization of community resources due to lack of information. GOVERNMENT/PUBLIC AGENCY ISSUES • Lack of funding and collaboration between law enforcement,educational and social agencies. • Lack of incentives such as competitive wages for quality employees in public agencies. • Lack of livable and affordable housing. • Overcrowding in jails,courts and probation departments. • Challenge for agencies is reaching out and connecting with those who need the resources. EDUCATIONAL ISSUES • Excessive high school drop-out rate. • Drugs possession and use among students in and outside of schools. • Lack of resources while the needs continue to increase (funding and support services). • In some intervention programs currently offered to elementary kids,there is no follow up for middle school and high school. 7 OTHER • Indoctrination of minors into gangs: family or peer influences. o Gangs recruit minors to commit crimes because minors tend to receive lighter sentences than adults. • Lack of jobs for youth. NEXT STEPS FAMILY/PARENTING • Encourage parents to spend more quality time with their children. • Offer more parenting skill classes on: o Identifying children at risk and high risk. o Drug awareness and early drug prevention. • Increase parent awareness and support for working parents. • Offer alternatives to gang within the community. • Raise awareness for parents of the various public safety issues through the use of Public Service Announcements. COMMUNITY • Stronger communication between local law enforcement and community. • Build upon youth's motivation and involve them in extracurricular activities in order to steer them away from gangs. • Offer more sport programs and activities at community centers. GOVERNMENT/PUBLIC AGENCY • Selective enforcement and suppression of specific violent gangs within certain areas. • Increase awareness and collaboration between law enforcement, educational and community based organizations: o Flexibility and partnerships to use each others'facilities and resources. • Maintain open space such as parks for after school activities LEGISLATIVE RECOMMENDATIONS • Increase enforcement of minors having access to R-rated media. • Parents would like to see more opportunities to attend monthly meetings and become more engaged in their children's education. • Stronger legal consequences for crimes committed by juvenile gang members to prevent gangs from using minors to commit crimes. • Stronger laws to hold parents responsible for the actions of their minor children. • Assess a tax on spray paint and markers or etchers. This fund will go toward graffiti abatement. 8 INCREASE STATE FUNDING FOR • Free after school programs on gang prevention for students and parents,starting in elementary school. • Free or affordable job training programs. o Alterative choices beside college tract. o Life skills programs. • Parenting skills classes. • Funding for prevention and intervention before suppression or incarceration. o Especially for 5`s-9'graders who demonstrate gang-related behaviors. • Funding for adult and juvenile GPS (ankle bracelet monitoring). • Community law enforcement programs. • Youth leadership and recreational programs. OTHER • Build partnership between school districts and local businesses to train youth with necessary job skills to get into the workforce. • Greater access to mental health services. 9 APPENDIX FEEDBACK/COMMENTS • Community would like to be provided with a list of contacts (agencies,names,phone numbers,emails,etc.) • Thank you for the opportunity to network and learn about programs that are combating gang involvement • Gang prevention in schools in the San Gabriel Valley is needed. • We need to educate kids to stay out of gangs and parents on how to keep their kids out of gangs • An observation was made was that targeted or directed enforcement in Valinda/La Puente &Compton have proven effective (i.e. 100 more cops &crime goes down). A suggestion is to create a full-time San Gabriel Valley gang task force,similar to L.A. I.M.P.A.CT,L.A. HIDTA,and other Southwest Boarder taskforces. • A Covina Valley Unified School District representative expressed interest setting up the Los Angeles County District Attorney's LEAD program in the school district. Current successful programs in place include the ACT(Abolish Chronic Truanc} program and collaboration with JOIN Quvenile Offender Intervention Network) officers. • Community is interested in programs that promote community awareness among Latina mothers,especially those who do not speak English (other than those mandated bythe courts). • The need for more collaboration between the SARB (School Attendance Review Board) and the programs in Los Angles County to prevent gang activity. • People expressed concerns regarding female students organizing their own gangs in LA County. • Community expressed theywould like to see more support towards faith-based organizations that provide job training,counseling for persons who have misdemeanors, felonies and gang backgrounds. • Parents expressed interest in enrolling themselves and their kids in the SAGE (Strategy Against Gang Environments) program,especially for those students not interested in sports. 10 GANG RELATED LEGISLATION The fdla=g is a swammry ofbis for the 2007 Legislatiw Sessiwz Mom daailal v#bnwu on at&bill can he fowxl at hap.1lumassadiy ragm AB 57: Repeals the sunset date for the Safe Routes to School(SRTS) grant program,thereby extending the program indefinitely. Status:Read second time,amended,and re-referred to Committee on Appropriations 07/20/07. AB 131: Authorizes county offices of education to apply for Funds for the Middle and High School Supplemental Counseling Program(NII-LSSA'). Status:Re-refer to Committee on Appropriations 07/12/07. AB177: Extends authorization for the Los Angeles CountyBoard of Education to charter a community school (Soledad Enrichment Action (SEA) Charter School) from June 30,2008,to June 30,2013. Status: In Senate Education Committee,third reading 07/25/07. AB 622: Provides confined/incarcerated students with an alternative path to the California high school equivalency certificate. Status: In Senate Appropriations Committee,third reading 07/19/07. AB 639: Provides that prior to release on parole,the California Department of Corrections and Rehabilitation (C DCR) shall take reasonable steps to ensure that each parolee successfully obtains a valid California Identification (ID) card issued by the Department of Motor Vehicles (DMV). Status: Re-refer to Committee on Appropriations 07/10/07. AB 658: Requires the Department of Public Health(DPH] to submit a report to the Legislature on the occurrence of homicides among African-Americans in California,including identifying program models for the reduction of gang-related and other homicides. Requires DPH,to the extent that state funds or private donations are available,to develop and implement pilot programs in the cities of Los Angeles and Oakland to examine local homicide-related problems and develop a multifaceted strategy to address the occurrence of homicides in those two cities. Status:Re-refer to Committee on Appropriations 07/18/07. AB 671: Establishes the Emancipated Foster Youth Program(Program) to provide state employment opportunities for qualified foster youth and former foster youth. Status: Re-refer to Committee on Appropriations 07/10/07. AB 806: Adds adult schools to the career technical education(CTE) program established by SB 70, Chapter 352, Statutes of 2005,which was originally established to align existing CTE programs between high schools and community colleges and to improve linkages and CTE pathways between high schools and community colleges, and expresses legislative intent that adult education programs in conjunction with high schools, regional occupational centers and programs, and community colleges be a full partner in the collaborative effort to provide a full range of training opportunities to the entire population of students in the State of California.Status:Re-refer to Committee on Appropriations 07/10/07. AB 1029: Establishes the law enforcement apprenticeship grant program to be administered by the California Department of Education (C DE). Status:In Senate Education Committee,first hearing 07/12/07. 11 AB 1030: Expands the California Library Literacy and English Acquisition Services Program to include services targeting young adults 16 years of age and over who are not enrolled in school. Status:In Senate Appropriations Committee,third reading 07/18/07. AB 1033: Caeates a misdemeanor,punishable by up to one year in the countyjail; by a fine of not more than$2,500;or by imprisonment and fine for any person who causes or induces a minor to become a member of a criminal street gang,as specified. Status: Amend, and re-refer to committee. Read second time, amended, and re-referred to Committee on Appropriations 07/18/07. AB 1049: Requires the California Department of Corrections and Rehabilitation(CDC to establish "Rebuilding Lives and Communities Reentry Programs" for parolees between the ages of 18 to 23 with community reintegration in specified communities. Status:Read second time, amended, and re-referred to Committee on Appropriations 07/17/07. AB 1291: Authorizes anti-gang violence classes for parents of juveniles found in violation of specified gang-related offenses. Status: Read second time,amended,and re-referred to Committee on Appropriations 07/12/07. AB 1300: Expands the California Department of Corrections and Rehabilitation's (CDCR) Department of Juvenile Programs' (DPJ) purpose to include the provision of comprehensive education to youth offenders to promote family ties,communication restoration,and accountability to victims. Status:Read second time, amended,and re-referred to Committee on Appropriations 07/09/07. AB 1381: Establishes the Office of Statewide Violence and Gang Prevention (OSVGP),and- requires OCVGP to administer various federal grants relative to juvenile justice, including street gang crime prevention, as specified. Status:Read second time, amended, and re-referred to committee on Appropriations 07/18/07. AB 268: Expands the definition of "unavailability" to an instance where a declarant refuses to testify,notwithstanding imposition of sanctions, and the statement is offered against a party who has engaged or acquiesced in wrongdoing that was intended to, and did,procure the unavailability of the declarant. Status:In Senate Judiciary Committee,hearing date 06/26/07. AB 1013: Expands the definition of "nuisance" that constitutes unlawful detainer to include illegal conduct involving weapons and ammunition possession, and creates pilot programs in specified cities to permit such conduct to form the basis of an unlawful detainer action brought in the name of the people. Status: Read second time, amended, and re-refereed to Committee on Appropriations 07/18/07. SB 271: Authorizes any prosecuting city attorney regardless of the population size of the city to maintain an action for monetary damages in cases where gang activity has been found to constitute a nuisance, as specified. Status: Chaptered by Secretary of State. Chapter 34,Statutes of 2007. 07/06/07. SB 989: Provides that a specified "hate crime" (a misdemeanor described in Penal Code Section 422.6) qualifies as a crime that can establish the "primary activities" of a gang and a "pattern of gang activity," as specified. Status: Held in Senate Public Safety Committee since 04/24/07. 12 LIST OF RESOURCES Police/Sheriffs Stations School Districts LA County Sheriff's Department Covina-Valley Unified School District -Industry Station 519 E.Badillo St. 150 N.Hudson Ave. Covina,CA 91723 City of Industry,CA 91744 (626)974-7000 (626) 330-3322 Sauced byCorimPdiceDvnnmt Baldwin Park Police Department Chatter Oak Unified School District 14403 E.Pacific Ave. 20240 Cienega Ave. Baldwin Park, CA 91706 Covina,CA 91724 (626) 960-1955 (626) 966-8331 Serum!by Caum PdReDepzz vn7r Azusa Police Department 725 N. Alameda Ave. Baldwin Park Unified School District Azusa,CA 91702 Police Department (626) 812-3200 3699 N.Holly Ave. Baldwin Park,CA 91706 West Covina Police Department (626)856-4364 1444 W.Garvey Ave. West Covina, CA 91790 Rowland Unified School District (626) 939-8500 Police Department 1830 S.Nogales St. LA County Sheriff's Department Rowland Heights,CA 91748 - San Dimas Station (626)935-8480 270 S.Walnut Ave. San Dimas,CA 91773-2646 Hacienda La Puente Unified School (909) 450-2700 District Police Departement Irwindale Police Department 15959 E.Gale Ave. 5050 N.Irwindale Ave. City of Industry,CA 91745 Irwindale,California 91706 (626)933-3899 (626)962-3601 Bassett Unified School District Covina Police Department District Security 444 N Citrus Ave. 904 N.Willow Ave. Covina, CA 91723 La Puente,CA 91746 (626) 858-4413 (626)931-3096 Azusa Unified School District 546 S.Citrus Ave. Azusa,CA 91702-0500 (626) 967-6211 Smixd by tbeA zt6a Polize Dqpan=» r West Covina Unified School District 1717 West Merced Ave. West Covina,CA 91790-3406 (626) 939-4600 Seruml by the West Carim Police Departm,& 13 COMMUNITY ORGANIZATION/ Our Neighborhood Homework House PROGRAMS 561 E.9th St Apt 3 667 Glenfinnan Apt D Azusa,CA 91702 Azusa,CA 91702 Industry Station (626) 969-7051 Community Service Center Free after-school tutoring,ESL and parenting Youth Activities League classes. 205 N.Hudson Ave. Victory Life Christian Training Center City of Industry,CA 91744 (626) 9343079 1443 Valinda Ave. La Puente, CA 91744 Free recreational and sports programs. (626) 917-7555 LA County Fire Dept 6 locations: In-house parole program,drug& Explorers Program alcohol rehab programs,parenting classes, 17056 Orale Ave. assault and batteryclasses. City of Industry,CA 91745 Academy for Business Leadership 626-854-3488 2244 Walnut Grove Ave.Quad 2A County of Los Angeles Rosemead,CA 91770 Commission on Alcoholism (626) 302-3610 530 W.Badillo St. Offers a free 7-week Summer Business Covina,CA 91723 Institute program for underprivileged students (626) 858-8200 ages 11-18. Outpatient treatment of substance abuse and Adelante Mujer Latina Annual Conference recovery support for ages 12-21. 565 N.Rosemead Blvd. County of Los Angeles Pasadena,CA 91107 Community Development Commission (626) 583-1784 2 Coral Circle Teen Advisory Committee-helps plan the Monterey Park,CA 91755 conference throughout the year. (323) 890-7178 Gang Resistance Education&Training Boy Scouts Western Regional Administrator,Sgt.Frank San Gabriel Council Gorgon 3450 E Sierra Madre Blvd. (800) 823-7188. Pasadena,CA 91107 www.great-online.com (626) 351-8815 School-based gang prevention program in collaboration with police department. Mt. Scouts Gang Resistance Is Paramount(GRIP) Mt Wilson Vista Council 16400 Colorado Ave. 101 E.Wheeler Ave. , 0 Arcadia,CA 91006 unt Paramount CA 90723 (562)2 (626)445-7771 City and school district partnership that YWCA San Gabriel Valley provides gang prevention skills and strategies. 961 S.Glendora Ave. Soledad Enrichment Action, Inc. (SEA) West Covina,CA 91790 735 S.Soto St. (626)-960-2995 Los Angeles, CA 90023 Recreational activities and temporary shelter (323) 415-6762 for women escaping domestic violence. School-based and after-school gang intervention services for alternative education centers. 14 TABLE OF CONTENTS 1. TERM OF MEMORANDUM OF UNDERSTANDING................................................................. 1 2. CONTINUATION OF BENEFITS,TERMS,AND CONDITIONS OF EMPLOYMENT........................ 1 3. MANAGEMENT RIGHTS.....................................................................................................1 4. WORKWEEK AND TIMEKEEPING INTERVAL.......................................................................2 5. SALARY...........................................................................................................................3 6. ADDITIONAL COMPENSATION/PREMIUM PAY..................................................................... 4 6.1 Acting Employee............................................................................................................... 4 6.2. Bilingual Pay................................................................................................................... 4 6.3. Callout.............................................................................................................................4 6.4. Deferred Compensation..................................................................................................... 4 6.5. Educational Incentive Pay.........................:...............................................................I........ 4 6.6. Holiday Pay(See also 7.2.Holidays)............................................................:....................... 5 6.7. Longevity Pay.................................................................................................................. 5 6.8 Off Duty Court Appearance Time........................................................................................ 6 6.9 Standby("On Call")Pay..................................................................................................... 6 6.10. Overtime/Compensatory Time......................................................................................... 6 6.11. Special Assignments...................................................................................................... 7 6.12. Shift Differential............................................................................................................ 8 6.13. Training Pay(Police Officer)............................................................................................ 8 6.14. Training Pay(Corporal)................................................................................................... 8 6.15. Uniform Allowance......................................................................................................... 8 7. LEAVE/DAYS OFF............................................................................................................8 7.1. Bereavement Leave............................................................................................................8 7.2. Holidays(see also 6.6.Holiday Pay)......................... .........................8 ..................................... 7.3 Worker's Compensation................................................................................................... 9 7.4. Personal Leave..................................................................................................................9 7.5. Sick Leave........................................................................................................................9 7.6. Vacation Leave................................................................................................................... 12 8. CLOTHING DAMAGE REIMBURSEMENT.............................................................................13 9. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM.......................................13 10. DISABILITY INSURANCE(SHORT/LONG TERM)..................................................................13 11. EMPLOYEE ASSISTANCE PLAN........................................................................................14 - 12. FLEXIBLE BENEFIT PLAN.................................................................................................14 13. LIFE INSURANCE.............................................................................................................14 14. OUTSIDE EMPLOYMENT..................................................................................................15 15. PHYSICAL EXAMINATIONS...............................................................................................15 16. RETIREMENT..................................................................................................................15 17. LEAVE BANK FOR APOA BOARD MEMBERS.......................................................................16 18. SAFETY EQUIPMENT.......................................................................................................16 19. TUITION REIMBURSEMENT..............................................................................................16 20. POLICIES..................................................................................................................... 18 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE AZUSA POLICE OFFICERS'ASSOCIATION AUGUST 1,2607 through JULY31,2010_---___ .......................---------- Deleted:2005 This Memorandum of Understanding is entered into with reference to the following facts: Deleted:2001 (1) The Azusa Police Officers'Association(APOA)(hereinafter referred to as"Association")is the recognized employee organization representing those personnel(hereinafter referred to as "employees")employed by the various departments of the City of Azusa(hereinafter referred to as "City"),and occupying the classifications(see current salary schedule.) (2) In the interest of maintaining harmonious relations between the City and those employees represented by the Association,authorized representatives of the City and the Association have met and conferred in good faith,exchanging various proposals concerning wages,hours and other terms and conditions of employment to affected employees. (3) The authorized representatives of the City and the Association have reached an understanding and agreement as to certain changes in wages,hours and other terms and conditions of employment of the affected employees which shall be submitted to the City Council of the City for approval and implementation of these changes by appropriate ordinance,resolution,or other lawful action. Therefore,the City and the Association agree that,subject to approval and implementation by the City Council of the City,the wages,hours and other terms and conditions of employment for all affected employees shall be as follows: 1. TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding(MOU)shall commence August 11,2�07,and shall continue in-full Deleted:2005 force and effect until July 31, 0--------- Deleted.2007 2. CONTINUATION OF BENEFITS,TERMS,AND CONDITIONS OF EMPLOYMENT Any benefits,terms,and conditions of employment,except as modified by state law,federal law,or municipal ordinance,contained in prior Memoranda of Understanding between the Association and the City not specifically altered by this agreement are hereby incorporated in this agreement and made a part of it by reference. 3. MANAGEMENT RIGHTS 3.1 The City reserves,retains and is vested with,solely and exclusively,all rights of Management which have not been expressly abridged by specific provisions(s)of this Memorandum of Understanding or bylaw to manage the City,as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of Management,as they are not abridged by this agreement or by law,shall include,but not be limited to,the following rights: 3.1.1 Determine the mission of its constituent departments,commissions and boards; 3.1.2 Set standards of service; 3.1.3 Determine the procedures and standards of selection for employment and promotion; 3.1.4 Direct its employees; 3.1.5 Take disciplinary action; 3.1.6 Relieve its employees from duty because of lack of work or for other legitimate reasons; 3.1,7 Maintain the efficiency of governmental operations; 1 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 8-1.20117 THROUGH,7-31- 010 _ _ --- Deleted:2005 Deleted:2007 3.1.8 Determine the methods, means and personnel by which government operations are to be conducted; 3.1.9 Determine the allocation and content of job classifications; 3.1.10 Take all necessary actions to carry out its mission in emergencies;and 3.1.11 Exercise complete control and direction over its organization and technology of performing its work. 3.2 Except in emergencies,or where the City is required to make changes in its operations because of the requirements of law,whenever the exercise of Management's rights shall impact on employees of the bargaining unit,the City agrees to meet and conferwith representatives of the Association regarding the impact of the exercise of such rights,unless the matterof the exercise of such rights is provided for in this Memorandum of Understanding, or in Personnel Rules and Salary Resolutions and Administrative Code(s)which are incorporated in this Agreement. By agreeing to meet and confer with the Association as to the impact and the exercise of any of the foregoing City Rights, Management's discretion in the exercise of these rights shall not be diminished. _ 4. WORKWEEK AND TIMEKEEPING INTERVAL 4. Work Week For employees covered by this agreement who are scheduled to work a 4/10 schedule, the regular workweek shall be forty(40)hours for a seven(7)day period beginning at 12:01 a.m.each Sunday and shall consist of four (4) days a week and ten (10) hours per day. Daily hours of work or shifts for employees within the department shall be assigned by the department head, as required to meet the needs of the department. 4.1. Workday For employees who are scheduled to work a 4/10 schedule,the workday will consist of ten(10)hours with lunch and breaks to be scheduled in light of departmental policy. For employees who are scheduled to work a 3/12.5 schedule,the workday will consist of 12.5 hours or a 10-hour make-up day each 8-da work period------------------------------------------------------ - Deleted:10 hour The Ci reserves the right to determine the beginning and ending times of the rkda Deleted:28 day City 9 9 9 9 JM1'_ Y_______________________.- " Deleted:work day 4.2. Timekeeping Interval In compliance with FLSA,the minimum timekeeping interval shall be fifteen(15)minutes. Periodsoftime of seven(7)minutes or less shall be rounded down,and periods of time of eight(8)minutes or more shall be rounded up. 4.3 Patrol 3/12.5 Shift Schedule During the term of this MOU, the City agrees to maintain " " a " 3/12.5"" -"shi"ft schedule"" " " for u"nit members__. Deleted:initiate "- _ assigned to patrol, as agreed between APOA and Management___If costs for overtime or workers__,-.__ Deleted: onaone-year mal balls compensation Increases in excess of 10/in anvalven fiscal year,based on a three year moving average Management has the right to abandon the 3/12.5 Shift Schedule_ --- Deleted:continuation of the - ------ - ------ - - program,after the one-year mal period,will be subject to the discretion of management. Managememwlll reNew the program on an annual basis to determine if the following expectations are addressed: 2 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 8-1-2007 THROUGH 7-31. 010 ....... _. . .--J Deleted:2005 Deleted:2007 - -------_-----------------.-----------.-------------------_--- ---------------.---------. _. ----------------------._-- Deleted:1. No significant increase In reviewing the program management agrees to consider major incidents or unforeseen in Workers Compensation claims circumstances that may temporarily affect the above conditiork_lntheeventmanagement decides to attributed to officer fatigue.11 th eliminate the 3/12.5 schedule the schedule will revert back to the 4/10 schedule as in e 000-2004 2. No significant increase in ------- -- .,; (absenteeism,accidents,complaints, MOU. In such event,management will provide a our-month notice to the APOA in-writing. - liam5ty claims.etc.)that maybe " related to officer fatigue.During the The parties acknowledge that to maintain the 3112.5 schedule it is necessary to maintain a work- ?.'•, that year,a reduction in overtime period in accordance with section 7(k)of the FLSA. The parties agree the work period will remain tocosts sufficient to provide for the V'."? addition of one new swam police be a.28-da v work period_-The city will pay overtime compensation to Police Officers as follows: _,; g; Officer and tiro community Service 1. Working more than their regularly scheduled hours on a given day or Deleted:s 2. Working more than 160 hours over a 28 day FSLA work period. 1. Deleted:current( Deleted:) 5. SALARY Deletedfour month 5.1 Deleted:implement Deleted:implement Effective August 1,200_7 each unit member will receive a salary increase in base.pay of three percent_ Deleted:which will be established (3%). will Deleted:28 day Deleted:2005 Classification RaD a Step 1 Step 2 Step 3 Step 4 Ste 5 Police Officer 6101 $5 056.21 $5,310.75 $5 578 71 $5 860.69 $6,157.52 Police Corporal 6106 $5,294.00 5,560.53 $5,845.59 $6,136.32 $6447.09 Police Sergeant 6501 $6,169.49 $6,482.41 $6,811.82 $7,158.56 $7 523.43 Effective August 1,2008 each unit member will receivea salary,increase in the_ba_se monthly salaryf our zc Deleted:2006 percent ._._ ------------- .__.-___. ---------- Deleted:of Deleted:three Classification Rao a Step 1 Step 2 Step 3 Step 4 Ste 5 Deleted:3 Police Officer 6101 $5,258.46 $5,523.18 $5,801.85 $6,095.12 $6,403.82 Police Corporal 6106 $5,505.76 $5 782.95 $69079.41 $-6-1-3 8-1.77 $6704.97 Police Sergeant 6501 $6,416.27 $6,741.70 $7,084.30 $7,444.90 $7,824.37 Effective August 1,2009 each unit member will receive a salary increase in the base monthly salaryf our M1_ Deleted:or and one-half percent(4.5%). Deleted,three 3 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 8-1-2007 THROUGH_ 7-31. 010....... . --- - Deleted:2005 ' celeted:2oo7 Classification Rao a Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer 6101 $5,495.09 $5,771.73 $6,062.94 $6,369.40 $6,691.99 Police Corporal 6106 $5,753.52 $6,043.18 $6,352.99 $6,668.95 $7,006.70 Police Sergeant 6501 $6,705.01 $7,045.08 $7Z403.09 $7,779.92 $8,176.46 5.2 Automatic Payroll Deposit The City will continue to offer Automatic Payroll Deposit in cooperation with any bank that utilizes the Automated Clearing House service. 6. ADDITIONAL COMPENSATION/PREMIUM PAY 6.1 Acting Employee An employee otherwise eligible for acting pay shall not be eligible during scheduled periods of Vacationor Deleted:Vacation or when on Sick Leave. 6.2. Bilingual Pay In addition to monthly basic pay,the city shall pay an incentive to personnel demonstrating a proficiency in a major foreign language if they are assigned and required to speak and translate the language in performance of their duties. Such additional payment is conditional upon demonstration of language proficiency by a qualified third- party examiner mutually agreed upon by both the City and the Association. The incentive paid shall be$200 per month;provided,however,that employees receiving a greater dollar amount for bilingual pay on the effective date of this MOU shall continue to receive the higher dollar amount. 6.3. Callout If an employee is required to be called back to work after completing his or her normal shift orafterhaving left City premises or the employee's work location,the employee shall be compensated at the appropriate rale for each hour worked on Callout with a minimum of(2)hours Callout compensation,regardless of Deleted:hours Ceffout whether the employee actually works less than two(2)hours. This provision shall be applicable to an employee even though the employee's regular workweek is not oornioWe-but_shall not apply to an___ Deleeed:workweek __ _______ employee who is continuing on duty for hislher normal work shift. For the purposes of this section only, the time starts whenlhe Callout call is received b the employee --- Deleted:the Caffout 6.3.1. Appropriate Rate of Pay for Callout The rate of pay or Callout shall be one and one-half(1'/2)times the normal rale of pay._Calloul may be Deleted:for Callout entered as Premium vertime or as Compensatory Time Eamed. --- Deleted:overtime or 6.4. Deferred Compensation(City Paid) For those employees with the classification of Police Sergeant:$90 per month in deferred compensation. 4 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 8.1-,2007 THROUGH 7-31-2.q10 __ - , --- Deleted:2005 Deleted:2007 6.5. Educational Incentive Pay 6.5.1. The City will pay two and one-half percent(2.5%)of the"swom"employee's base rate if he/she possesses an Associate in Arts or Science degree or Intermediate Certificate issued by the Califomia Commission on Peace Officer Standards and Training(P.O.S.T.)with forty-five(45) semester or equivalent quarter units from an accredited college or university,but not to exceed $100 per a month for Police Officer and Police Corporal and$125 for Police Sergeant 6.5.2. The City will pay five percent(5%)of the"sworn"employee's base salary rate if he/she possesses a Bachelor of Arts or Science degree or Advanced certificate issued by the California Commission on Peace Officer Standards and Training(P.O.S.T.)with sixty(60)semester or equivalent quarter units from an accredited college or university,but not to exceed$200 per a month for Police Officer and Police Corporal and UAO for Police Sergeant________________-__ ---- Deleted:250 for Neither 6.5.1.nor 6.5.2 above shall apply to any"swom"employee whose job description has an equivalency requirement for either an Associate in Arts or Science degree ora Bachelor of Arts or Science degree. 6.5.3 Notwithstanding the foregoing,employees receiving a greater amount foreducation incentive pay on the effective date of this MOU shall continue to receive the higher dollar amount. 6.6. Holiday Pay(See also 7.2.Holidays) Shift Personnel-Employees shall receive an additional 100 hours pay per year whether the holiday is------ Deleted:year wnecher worked or falls on afeaulariv scheduled day off(paid the pay period following the holiday). Deleted:regularly-scheduled Non-Shift Personnel - Employees who work holidays shall receive regular pay plus time and a half for _ our'sworked or equivalentcompensatorytime------------------------------------------------------------- Deleted:hours 6.7. Longevity Pay 6.7.1 The monthly longevity pay for employees hired on or after August 1,2000,shall be in accordance with the fallowing schedule: 7 yrs=$100 10 yrs=$200 15 yrs=$300 20 yrs=$400 6.7.2 The monthly longevity pay for employees hired prior to August 1,2000,shall be in accordance with the following schedule: POLICE OFFICER 7 yrs $117.61 _ 10 yrs $235.22 15 yrs $352.84 20 yrs $470.45 POLICE CORPORAL 7 yrs $123.49 5 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 8.1-2007 THROUGH 7-31-A10........................ __.-- Deleted:2005 Deleted:2007 10 yrs $246.99 15 yrs $370.48 20 yrs $493.97 POLICE SERGEANT 7 yrs $141.25 10 yrs $282.50 15 yrs $423.74 20 yrs $564.99 6.7.3 Notwithstanding the foregoing,employees currently receiving a higher dollar amount of longevity pay than the amount provided for under Section 6.7.2.shall continue to receive the higher dollar amount until eligible for an increase based on the schedule set forth in Section 6.7.2. 6.8 Off Duty Court Appearance Time 6.8.1 Off-Duty Court Appearance Time is applicable only for court appearances scheduled to begin during off-duty hours. Except as provided above,court time duringfegularly scheduled working----- Deleted:regmadyscheduled hours shall be compensated at straight time on an hour-for-hour basis. The City agrees to pay for OH-Duty Court Appearance Time on an hour-for-hour basis with a minimum of four(4)hours of pay at the appropriate rate(currently time and one-half). For example,if an employee's shift begins at 6 p.m.and the employee's ON Duty Court Appearance begins at 4 p.m�the employee will be entitled to a minimum of four hours of Off-_ Deleted:, - ----------------------------------------- -- -- Duty Court Appearance Time pay. OR-Duty Court Appearance Time shall begin to accrue as early as 8:30 a.m.or the court-requested show-up hour,whichever is later. In cases where the appearance is canceled by the court(either directly or through the Department),the employee must be personally notified of such cancellation by the Department no later than 6:00 p.m.of the previous court day,or a guaranteed minimum of four(4)hours of Off-Duty Court Appearance Time shall apply. "Personal"notification shall be defined as any one of the oIIowin (to be agreed_upon in advance between_the employee and the department court____ Deleted:ronownnq officer): - - - • In person, • To a responsible message taker,or • Via an answering machine or voice mail 6.8.2 If the court orthe Department requires an employee who makes an off-duty court appearanceto also stand by on the same day(for that appearance and/or another one),the employee shall be entitled to receive pay for one of the following,whichever is greater: 6.8.2.1 The actual time in court(or the four-hour Off-Duty Court Appearance Time minimum, whichever is greater),plus the actual time standing be or__________________ -_ __ Deleted:; or 6.8.2.2 The actual time standing by (or the four-hour Standby Time minimum,whichever is greater)plus the actual time in court. 6.9 Standby("On Call")Pay The City agrees to pay for court Standby Time(or other"On Call"time)on an hour-for-hour basis with a minimum of four(4)hours of regular pay. Court Standby Time shall begin to accrue as early as 8:30 a.m. or the court-requested show up hour,whichever is later,and shall continue no later than 5:30 p.m. In cases where the appearance is canceled (either directly by the court or through the Department),the employee must be personally notified of such cancellation by the Department no later than 6:00 p.m.of the 6 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 8-1- 007 THROUGH 7.31-� _.............. 4. - Deleted:2005 Deleted:2007 previous court day,or a guaranteed minimum of four(4)hours of Standby Time shall apply. "Personal" notification shall be defined as any one of the following (to be agreed upon in advance between the employee and the department Court Officer): _ • In person, To a responsible message taker,or • Via an answering machine or voice mail 6.10. Overtime/Compensatory Time Employees scheduled to work the 3/12.5 schedule shall be entitled to Overtime Payor compensatory time off at the rate of one and one-half (1%)times the employee's hourly rate for: 1. Working more than their regularly scheduled hours on a given day or 2. Working more than 160 hours over a 28 day FSLA work period. Employees scheduled to work the 4/10 schedule shall be entitled to Overtime Pay or compensatory time off at the rate of one and one half(1%)times the employee's hourly rate for all hours worked'n excess of ten-_,---- Deleted:ine=cess (10)hours in one work day or forty(40)hours within the employee's regular work week. For the purposes of this agreement,holiday pay,Sick Leave,and other compensated time off shall count for the hours. Compensatory time may be accumulated at the appropriate rate for each hour of overtime worked to the maximum accrual rate set by Federal law. Overtime pay or compensatory time off for overtime shall be accumulated in no less than fifteen (15) minutes per day increments. When an employee works less than fifteen minutes perday of overtime,the employee shall not receive compensatory time for such overtime. In order to be entitled to any compensation for overtime hoursNorke&such overtimework must have been_--.- Deleted:worked, authorized by the department head. Accumulated compensatory time not taken off in the pay period in which it was earned may be carried over up to a maximum of four hundred and eighty(480)hours(320 hours worked at time-andone-half would equal 480 hours). The use of compensatory time will be granted in the same manner as vacation leave. 6.11. Special Assignments In addition to monthly basic pay, the following assignments,when made by the Chief of Police or his designee,shall receive two and one-half percent(2.5%): K-9 Officer Bicycle Patrol Officer In addition to monthly basic pay, the following assignment, when made by the Chief of Police or his designee,shall receive five percent(5%): Motor Officer In addition to monthly basic pay, the following assignments,when made by the Chief of Police or his designee, shall receive a minimum of ten(10)hours per month of Standby time, at the Premium rate (currently time-and-one-half): Detective SET Detective Gang Detective 7 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 8-1-,M07 THROUGH 7-31-L2010............ ,-..-- Deleted:2005 Deleted:2007 6.12. Shift Differential Employees assigned to the following shifts will be compensated for all hours worked as follows: For employees scheduled to work a 3/12.5 schedule Night shift additional$1.08 per hour Cover shift additional$.54 per hour For employees scheduled to work a 4/10 schedule, Swing Shift additional$.54 per hour Morning shift additional$1.08 per hour Shift differential pay will not applyto individuals who are working either of the above shifts on an overtime basis,on a shift exchange or when called out due to an emergency. 6.13. Training Pay(Police Officer) For employees in the classification of Police Officer only,the City shall pay five.pement 061 in addition to,.-..-J Deleted:aw and one-had the base salary while assigned the duties of a Field Training Officer(FTO). Deleted:2.5 6.14. Training Pay(Corporal) For employees assigned tothe classification of Corporal only,the Cityshall pay two and one-half percent -,-. Deleted:me dassincabon .5% in addition to base Sala while assigned duties of a Field Trained Officer FTO '- --)-----------------------------7--_--'------9----------------_----__---- 9 (.----)`--------------- Deleted:one 6.15. Uniform Allowance Deleted:t The uniform allowance for"swom"employees is 00 Per year and will be paid by the City in November.. ----- Deleted:760 At this time it is not subject to income tax withholding. 7. LEAVE/DAYS OFF 7.1. Bereavement Leave An employee may be permitted to take up to forty(40)hours Bereavement Leave in the event of the death of a member of his/her immediate family. "Immediate family"member is herewith defined as a mother, father,brother,sister,spouse,child,mother-in-law,father-in-law,grandparents or relative living within the employee's household. Persons in Iota parentis may also be considered under certain circumstances. Such leave shall not be charged against the employee's Sick Leave or Vacation. In addition to Bereavement Leave,an employee may request up to twenty(20)hours of Sick Leave in the event of the death of an immediate family member. Such leave shall be charged against the employee's Sick Leave balance and shall be considered in calculating his or her ability to convert the balance. 7.2. Holidays(see also 6.6.Holiday Pay) 7.2.1. Designated Holidays The employee shall receive time off with pay for the following holidays but only if the employee is paid for the workday that precedes or follows the holiday. If a holiday falls on an employee's scheduled day off,the employee shall receive the holiday on the next scheduled business day. The dates upon which these holidays shall be observed are listed below: 8 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 8-1- 007 Deleted:2005 Deleted:2007 Holiday Month ANT---- ---4—ok ZM: ---------------------------�:,�---- Deleted:20DS-2006 2008 2009- 20:116 Deleted:2006-2007 Independence Day July ---- ------ ------ -----54..--- ----------- Deleted:2007-2008 Deleted :4 Sept ................. 7- -4 ........... .... .................... Columbus Day Deleted.- Oct ----- -----1p*..........12*.... ........................... .. Deleted'4 Veteran's Day Nov 12' 11 11 .......... Deleted:4 ............... ......... Thanksgiving Day Nov Deleted: Day Deleted:4 Christmas Day Dec ----------- ..........28' Deleted'5 New Year's Day Deleted-9 Martin Luther King Day Deleted:10 ............X.... ................ ......... Deleted:13' President's Day Feb -----1W..... 15 ':.... ....... ..................... Deleted-14 MemorialRa- May 8' al: Deleted:23 *indicates Monday Deleted:24 Deleted'25* 7.3 Worker's Compensation: Deleted'26' A regular employee who is temporarily or permanently incapacitated as a result of injury or illness Deleted'1' determined to be compensable under the Workers' Compensation Act shall be.granted benefits in Deleted:2• accordance with this act. Deleted:15 7.4. Personal Leave Deleted:16 Deleted:19 Thirty(30)hours Personal Leave may be taken by employee. Personal Leave is to be distinguished from Personal Business Leave in that it does not have particular requirements for its use and is not deducted Deleted:20 from the employee's Sick Leave balance. An Employee Leave Request must be approved by the Deleted:Day appropriate department head prior to the use of Personal Leave and such leave may not be carried over into Deleted;2e the next fiscal year or cashed in if it is not used. Personal Leave shall be granted with due regard for the Deleted:29 employee's wishes and the operational needs of the department. This Personal Leave is also to b considered similar to Vacation Leave in that an open shift can be filled with overtime coverage. 7.5. Sick Leave Sick Leave shall not be construed as a right,which an employee may use at his or her discretion,but shall be allowed only in case of necessity or actual sickness or disability. The Finance Department will analyze and report to the employees the amount of Sick Leave earned,less the amount used,and the net accrued during the calendar year. 7.5.1.Sick Leave During Probation Sick Leave may be taken during the probationary period but only in such amount as the employee would have earned if on permanent status. If the employee does not become permanent,all paid Sick Leave must be reimbursed to the City at the time of termination of employment or it shall be deducted from the employee's final paycheck. 9 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE B-1-2007 THROUGH 731-,&10 _ Deleted:2005 - Deleted:2007 7.5.2.Reasons for Use of Sick Leave Sick Leave shall be granted for the following reasons: 7.5.2.1 Personal illness or physical incapacity. . 7.5.2.2 Up to 120 hours per year for the illness of a member of the employee's immediate family (father, mother,sister or brother),or members of the employee's household(husband, wife,and children)that require the employee's personal care and attention. Additional time,up to 12 weeks.could be approved bythe department head when treatment for an ----- Deleted:, could -------------------------- illness, injury or condition which may be expected to be of long duration, has no reasonably predictable date of termination and requires continuous or intermittent care by the employee. 7.5.2.3 Enforced quarantine of the employee in accordance with Health Department regulations. 7.5.2.4 Medical,dental,and optical appointments. 7.5.2.5 Personal J3usiness not to exceed a maximum fn 37.5 hours during any one 1 ear, Deleted:Business not Personal Businessmeans those itemsof personal business that can only be taken care of': during regular working hours of the employee. Personal Business Leave shall be Deleted:of 37.5 approved or disapproved by the department head in accordance with this section. Deleted:1)year Departments are to use the earning code PB for this purpose. Personal Business shall be debited against the employee's Sick Leave balance but Sick Leave taken as Personal Business Leave shall not betaken into consideration for the purposes of the Sick Leave Cash-!n program or with regard to employee performance evaluations. Employee shall give as much advance notice as reasonably possible when requesting Personal Business Leave, 7.5.2.6 In the foregoing circumstances,Sick Leave must be exhausted before compensatory time off or Vacation Leave may be converted to Sick Leave. 7.5.3. Restrictions on Sick Leave 7.5.3.1 Disability arising from any sickness or injury purposely self-inflicted. 7.5.3.2 Sickness or disability sustained while on leave of absence,other than regular Vacation Leave. 7.5.3.3 Disability or illness arising from compensated employment other than with the City. 7.5.4. Accrual and Use For employees hired prior to January 1, 2006,Sick Leave with pay shall a rue at the rate of ten ---- Deleted:amore at hours per month for each calendar month of paid employment,with unlimited accumulation.Sickcc Leave shall not be taken in units of less than ane-half hour. For employees hired on or after January 1,2006,Sick Leave with pay shall accrue at the rate of ten hours per month for each calendar month of paid employment. No more than 960 hours of sick leave may be accrued. Balances accrued over 960 hours will be paid out annually at a rale of 25% as a wellness bonus. 10 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 8-1-2007 THROUGH 7-31- 010 Deleted:2005 Deleted:2007 7.5.5. Sick Leave Donation Policy Employees shall be eligible for sick leave donation from co-workers in accordance with the City's policy. 7.5.6. Sick Leave During Vacation - If an employee becomes ill or injured while on vacation,he or she may,by completing an Employee Leave Request Form,use accrued Sick Leave time in lieu of vacation time forthe period of disability. 7.5.7. One-Fourth Conversion If the employee has used more than thirty(30)hours, but not more than sixty(60)hours of Sick Leave, excluding time spent on personal business or bereavement, he or she would have the following options: 7.5.7.1 Carry over the accrual and add it to his or her Sick Leave balance. 7.5.7.2 Convert,only to the extent that his/her balance is more than zero atthe beginning ofthe new year,one-fourth ofthe accrual to Vacation or convertone-fourth to cash(but no combination of these two); unused, unconverted leave would then be added to the employee's Sick Leave balance. 7.5.8. One-Third Conversion If the employee has used no more than thirty(30)hours of Sick Leave, excluding time spent on personal business or bereavement,he or she would have the following options: 7.5.8.1 Carry over the accrual and add it to his or her Sick Leave balance: 7.5.8.2 Convert,only to the extent that his/her balance is more than zero at the beginning ofthe new year, one-third of the accrual to Vacation or convert one-third of it to cash (but no combination of these two); unused or unconverted leave would then be added to the employee's Sick Leave balance. 7.5.9. Conversion Deadline A decision to convert Sick Leave according to the policies stated shall be made by March 31. 7.5.10. Conversion to Cash Upon Separation Upon separation due to death(if he or she had attained permanent status)the employee's estate may receive fifty percent(50%)of his or her accrued Sick Leave balance in cash. Upon disability retirement with at least five(5)years of service with the City of Azusa,the employee may convert fifty percent(50%)of his or her accrued Sick Leave balance to cash. Upon voluntary separation with less than ten(10)cumulative years of sworn safety service with the City of Azusa Police Department,the employee may convert fifty percent(50%)of his or her accrued Sick Leave balance to cash for hours in excess of three hundred twenty(320)hours to a maximum payment of two hundred forty(240)hours. Upon voluntary retirement with at least ten(10)years of City service,the employee may convert fifty percent(50%)of his or her accrued Sick Leave balance to cash. Upon voluntary separation with at least ten(10)cumulative years of swom safetyservice with the City 11 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 6-1.2087 THROUGH 7.31.2010 Deleted:2005 Deleted:2007 of Azusa Police Department,the employee may convert fifty percent(50%)of his or her accrued Sick Leave balance to cash. Upon voluntary separation with at least twenty-five(25)cumulative years of sworn safety service with the City of Azusa Police Department,the employee may convert one hundred percent(100%)of his or her accrued Sick Leave balance to cash. 7.5.11. Conversion to Service Credit Upon Retirement Pursuant to the terms of the City's contract, as amended,with the Public Employees'Retirement System,upon voluntary retirement the employee may convert 100%of his or her accrued Sick Leave balance, less any amount converted to cash under the provisions of 7.5.10.,to retirement service credit. 7.6. Vacation Leave 7.6.1. Required Usage and Carryover Vacation Leave will be credited on a"pay-per-period"basis. Employees shall be required to use one half(%)of their annual Vacation accrual yearly and shall be able to carry over one half(V,)of one year's Vacation accrual from one year to the next,cumulatively,up to a maximum of fifty two(52) times the then-current pay period rate of vacation accrual. Existing balances over the limit shall be paid off during the term of this Memorandum of Understanding based on a payoff schedule determined by the employee. Such excess vacation accrual may also be taken as time off if approved by management. Effective 8-1-2000,employee with more than the maximum amount will not continue to accrue additional Vacation Leave, but will receive cash each pay period in lieu of Vacation Leave until balance falls below maximum time allowed. Employee may direct payoff to deferred compensation within the legal limits. 7.6.2. Accrual Vacation Leave shall accrue as follows: Through h� a 4thyearofemployment_.....90 hours_per year__._ _ _._-- DeletedIhe am Through h,+ a 5th year of employment 120 hours per year _ ---- Deleted;the 5th Throughh,+ a 6thyear of employment.-...1 28 hours peryear __ _____ ________'-- Deleted:Me 6th Through h+ a 7th year of employment t 36 hours per year Through he 8th year of employment......144 hours per year __ '-- Deleted:the 7th Through h,he 9th year of employment 152 hours per year__ ................................... Through the 10th year of employment......160 hours per year -- -- - Deleted:me 8th Through the 11th year of employment......168 hours per year Deleted:the 9th Through the 12th year of employment......176 hours per year Through the 13th year of employment......184 hours per year Through the 14th year of employment......192 hours per year Through the 15th year of employment......200 hours per year Through the 16th year of employment......218 hours per year In addition to the above,swom shift personnel shall accrue forty(40)additional hours per year in lieu of holidays. 12 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 8-1-2007 THROUGH 7.31_-A10 .. - .- Deleted:2005 Deleted:2007 8. CLOTHING DAMAGE REIMBURSEMENT If, in the course of business, an office employee's personal clothing or effects are accidentally damaged or destroyed,the employee may submit a claim for reimbursement up to one hundred dollars($100)to the City's Safety Committee. The committee shall have the authority to investigate the claim and recommend to the City Manager,or his designee,to pay the full amount of the claim,deny the claim,or apportion the claim based on normal wear and tear of the item and/or the extent of the employee's negligence in following proper safety procedures. It is expressly understood that stockings and socks are exempt from this procedure. It is further expressly understood that prescription eveglasses or contact lenses and hearing aid devices are exemptfrth om e------- Deleted:eye 9iames one hundred dollar($100)limit. 9. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM 9.1. The Computer and Home Exercise Equipment Loan Plan described below shall be made available to full time regular employees. Eligibility is limited to employees who have completed their initial probation period with the City. 9.2. The equipment configuration shall be appropriate to the employee's position and career with the City. 9.3. It is the employee's responsibility to negotiate the price for the equipment and to bring a copy of the order/quote to the City for approval prior to purchase. 9.4. The employee shall apply for a loan with the City on a City provided loan application. If the employee qualifies,the City will fund the loan on an interest free basis. Loan payments must be by payroll deduction. Each loan payment period shall not exceed two years and the aggregate value of all loan(s)shall not exceed - $5,000 per employee. In order for an employee to receive a loan under the Plan for equipment upgrades for purchase of equipment components,the employee must certify that he/she already owns the remaining components required to constitute a computer system. 9.5. Any remaining loan balance must be paid in full at time of separation of employment. Payment will be made directly and/or by deduction from the last paycheck. In the event an outstanding balance remains,the employee is responsible for making payment arrangements. The failure to make full payment will obligate the employee to pay the City's attorneys fees in any restitution process. 10. DISABILITY INSURANCE(SHORTILONG TERM) 10.1. The City shall maintain in effect for the term of this agreement a disabilityplan covering employees------- Deleted:pian covering set forth herein. Said plan shall provide an employee with a maximum of two-thirds(2/3)of his/her base salary. An employee may utilize his/her accrued Sick Leave, Vacation Leave and/or compensatory time to supplement the disability insurance payment so as to receive 100%of his/her base salary. The plan includes the_followin9:------------------------------------------------- ---------- Deleted:The plan 10.1.1. Provides 66.67%of the employee's monthly salary; 10.1.2. Commences after a 30 calendar day waiting period and provides a benefit to age 65; 10.2. For the first 30 days of non-job related illness or injury,the employee will use accrued Sick Leave, compensatory time or Vacation Leave; The employee will be allowed to use accrued Sick Leave in conjunction with the disability plan to provide for a full paycheck;_ ----------------------------- ------------------- Deleted:pay check At no time will an employee receive more than 100%of his or her base pay; 13 . APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE B-1- 007 THROUGH 7-31_x0 _ Deleted:2005 Deleted:2007 10.2.1. The premium will be added to the employees gross pay and deducted from the net pay so as to make the benefits exempt from further taxation. 11. EMPLOYEE ASSISTANCE PLAN Association employees will be eligible for the City's Employee Assistance Plan. - 12. FLEXIBLE BENEFIT PLAN 12.1. Definition Effective August 1.1993,the City's existing Cafeteria Benefit Plan(CBP)was converted to an IRS Section 125 Flexible Benefit Plan(FBP)administered by either the City or its designee. 12.2. Amount of Monthly Benefit EffectiveLugusl 1.2007_the City will maintain the Flexible Benefit Plan atgne thousand one hundred _. - . Deleted:January thirty seven dollars($1.137)per month for each employee. This plan can be used by the employee to pay,to the extent available,for qualified benefits as determined by the IRS. The employee Deleted:1.2000 understands that,in the event the total premiums and/or expenses for qualified benefits selected by Deleted:nine hundred and fifty four him/her exceed the amount of the BP,.the excess shall be deducted from re-tax wages-of the dollars($954) '�`--------------------------------------p------- - ----------------- employee. - Deleted:FBP, 12.2.1. Yearly Increase Effective January 1.2008 the City will increase the Flexible Plan contribution in an amount equal to the Deleted:2008, average Percentage increase for the basic Dlanpremium for Health Maintenance Organizations(HMOs)------- Deleted:Premium for under the CaIPERS insurance program not to exceed 8 Percent -------- Deleted:. not Effective January 1.2009 the City will increase the Flexible Plan contribution in an amount egual to the Deleted:2009. average percentage increase for the basic olanpremium for Health Maintenance Organizations(HMOs)__-__ Deleted:premium for under the CalPERS Insurance procran4 not to exceed 8 percent Deleted:, not Effective January 1.2010.the City will increase the Flexible Plan contribution in an amount equal to the _ Deleted:2010, average Percentage increase for the basic ulanpremium for Health Maintenance Organizations(HMOs)------- Deleted:premium for under the CaIPERS insurance urogrem,,,not to exceed 8 percent � Deleted:, not 12.3. Eligibility Deleted:EOectim January 1.2007, the City will Increase the Flexible In order for an employee to be eligible for the FBP in any given month,he/she must be on payroll on the Benefit Plan contrbution by$20 to nine hundretl seventy four($974).¶ first work day(excluding recognized paid City holidays)of that month. A new employee will be eligible for the full FBP applicable to his/her bargaining unit if he/she begins work on the first workday(excluding recognized paid City holidays)of the month. An employee whose date of hire is on the second work day(excluding recognized paid City holidays)of the month or thereafter will not be eligible for the FBP for that month. If an employee does not meet the qualifying work time in any given month,arrangements must be made with the Finance Department to reimburse the City for any benefits that have already been paid outon the employee's behalf for that month. The Finance Department will notify the employee if he/she has not met the qualifying work time for eligibility for the FBP. 14 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 8-1- 007 THROUGH 7-31- 010 - Deleted:zoos Deleted:2007 12.4. Termination The City will not be responsible for payment of any qualified benefits on behalf of the employee following the month of termination. If an employee represented by the Association wishes to continue his/her qualified benefits,advance payment for such qualified benefits will be deducted from the employee's final pay. 13. LIFE INSURANCE The City shall provide group life insurance to all Association members in an amount of coverage one times the member's annual earnings. 14. OUTSIDE EMPLOYMENT Outside employment will be permitted,provided that the outside employment is consistent with moralðical guidelines established by the Chief of Police and the Association and that the employee,priorto accepting outside employment,signs an agreement,which: 14.1 Acknowledges that said employment is outside the course and scope of the em ployee'semolovment with _ — Deleted:employment vete the City of Azusa and that said employment is not for the benefit of the City of Azusa;and 14.2 Releases,indemnifies,and holds the City of Azusa,its agents and employees hamrless for any liability,whatsoever,arising out of said employment, including but not limited to,injury or damage to the employee,and 14.3 Acknowledges that the City will have no responsibility or obligation,whatsoever,to provide a legal defense as a result of any outside employment engaged in by employee. 15. PHYSICAL EXAMINATIONS The City will continue to provide annual physical examinations,for all swom officers,on a voluntary basis. 16. RETIREMENT The City shall continue the highest level of the 1959 survivor benefit. The City shall continue to pay both the "employee"and"employer"share of the cost. If the City's rate for providing the 3%@ 50 benefit is decreased by CaIPERS, the City agrees to reopen discussions with APOA over any savings realized by the City; provided, however,the City is under no obligation,whatsoever,to grant an increase in wages or benefits as the result of reopening under this section. 16.1 Optional Benefits 16.1.1 The City's contract with CalPERS includes the additional benefit of Service Credit for Unused Sick Leave. 16.1.2 The City's contract with CalPERS includes participation in the two-year Golden Handshake program as authorized by the Stale Legislature. The availability of this benefit shall be within the discretion of the City Council. 16.1.3 The Citys contract with the CaIPERS includes the Employer-Paid Member Contribution in base pay during the final compensation period. 16.1.4 CalPERS Service Credit for Military Service The CaIPERS Military Service Credit Purchase Assistance Plan described below shall be made 15 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 8-1-2007 THROUGH 7.31_- _ - t Deleted:2005 Deleted:2007 available to full time regular employees who have completed their initial probation period with the City. The City's contract with CaIPERS includes the provisions of Section 21024,Military Service Credit as Public Service. Eligible employees with qualifying military service can contact CaIPERS and arrange to be billed for the service credit(CaIPERS'estimate is$5,000 per year of service). The City shall reimburse the employee for 25%of the amount of the bill. If desired,the employee may apply for a loan from the City for the remaining 75%. The employee shall apply for the loan on a City-provided loan application. If the employee qualifies,the City will fund the loan on an interest-free basis. Loan payments must be by payroll deduction. Each loan payment period shall not exceed six years. The City may require collateral. Any remaining loan balance must be paid in full at the time of separation of employment. Payment will be made directly and/or by deduction from the last paycheck. In the event an outstanding balance remains,the employee is responsible for making payment arrangements. The failure to make full payment will obligate the employee to pay the City's attorneys fees in any restitution process. 16.2. CaIPERS Retirement Planning Seminar Employees who are in their"final compensation period"for CaIPERS purposes shall be allowed to attend one nearby CaIPERS retirement planningfinformation seminar at City expense and on City time. Such attendance shall be considered to be a training expense chargeable to the employee's"home"division. 16.3. Health Insurance During Retirement Beginning with the first month after retirement,for Association employees who,at the time of retirement from the Cityof Azusa,have attained the age of fifty(50)and have at least twenty(20)cumulative years of swom safety service with the Cityof Azusa Police Department,the Citywill pay until the employee passes away,an amount equal to the single-coverage premium in the employee's comprehensive health insurance plan.The amount of the City's contribution shall vary,up or down,depending upon theemployee's choice of health insurance carrier and its periodic changes in its rates.The minimum contribution that the City pays directly to CaIPERS shall be considered to be part of the portion paid by the City. If a retired employee maintains health insurance other than a CaIPERS plan, the maximum amount the City will pay for the insurance premium will not exceed the single premium for the PERS Care plan. 16.3.1 —Spousal Opfion— In lieu ofseceiving the single coverage identified in section 16.3 a_------ Deleted:rmaiiving retiree who qualifies for single coverage may opt to select a less expensive plan and use the differential toward health coverage for the spouse If the retiree selects this option the total contribution by the City that may be used for the retiree and spouse can be no greater than the single-coveraae premium for the L.A./Orange County Sectors(as provided by PERS)PERS Care plan The City contribution is to be used for health insurance premiums only. There Is no cash out option This option may be selected or deselected at anytime during retirement - 17. LEAVE BANK FOR APOA BOARD MEMBERS: Effective the month immediately following the ratification of this contract,the City agrees to initiate and maintain a leave bank of 280 hours per fiscal year that may be used by APOA Board Members for APOA business. Requests forjeave.which utilizes this bank mustbeapproved in advancebypolioemanagement under the same conditions_--.- Deleted:leave which udfi a hie as vacation and compensatory time. bank After the second pay period after ratification of the contract, each APOA member will automatically donate sufficient vacation hours in order to build a bank of 280 hours. During the second year of the contract and everyyear thereafter,donations will be made during the first pay period 16 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 8-1-Zg07 THROUGH 7-31-J . Deleted:2005 Deleted:2007 in February. Finance staff will convert the hours to a dollar value based upon the base pay rate of the donors. The total dollars thus calculated will be placed in a separate account to be drawn upon bythe Board members. Use of such time will be paid to Board members at their current base pay rate. In no case shall the Board as a whole exceed 280 hours of use in a fiscal year. When funds are exhausted prior to the end of a fiscal year,the program will be discontinued until the subsequent fiscal year. Any cash balance fromdonations in-a fiscel year remaining afterthe....... Deleted:donwtions use of 280 hours in that fiscal year shall be carried over to be used in the subsequent fiscal year. 18.SAFETY EQUIPMENT The City will provide safety equipment for new employees and will replace worn safety equipment for current sworn employees as required by the department head. 19. TUITION REIMBURSEMENT 19.1. Objective The tuition reimbursement program is designed to encourage employees to continue their self-development by enrolling in approved classroom courses,which will: 19.1.1. Educate them in new concepts and methods in their occupational field and prepare them to meet the changing demands of their job. 19.1.2. Help prepare them for advancement to positions of greater responsibility in the City of Azusa. 19.2. Eligibility - 19.2.1. Al regularly appointed employees are eligible to receive tuition reimbursement. Courses must commence after appointment and be in excess of the educational standards for the position. An example of this would be job-related college or university courses when the specification for the classification calls for high school graduation. 19.2.2. Courses must be(except where noted in paragraphs 19.3.3 and 19.3.4.)traditional classroom courses taken at colleges or universities and approved by the Western Association of Schools and Colleges or approved mail correspondence or intemet courses. Distance learning Gasses offered by such colleges and universities shall be covered by this provision Credits given for non-classroom assignments such as life experience,military training,and professional training are not reimbursable. 19.2.3. Coursework must be related to the employee's current occupation or to a City classification to which the employee may reasonably expect promotion within the next five years. 19.3. Courses may be eligible if they: 19.3.1. Are above the educational requirements of the position as noted in the position specification and are not taken to acquire skills,knowledge and abilities which the employee was deemed to have when appointed the position. 19.3.2. Do not duplicate training which the employee has already had or which is to be provided in-house. 19.3.3. Do not duplicate previously taken courses unless special approval has been granted by the department head and the Human Resources Division. 19.3.4. Are required for the completion of the pre-approved job-related major. An example would be general education or elective requirements for the major as staled in the school catalog. 17 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 8.1.2007 THROUGH 7-31- 010 , - Deleted:2005 Deleted:2007 Remedial courses or those taken as required for a non-approved major shall not be eligible. 19.3.5. Include completed engineering review courses taken at accredited institutions for which an academic grade or units of academic credit are not given. These courses must prepare candidates for a certificate,license or registration issued by the California Board of Registration for Professional Engineers.The employee must receive the certificate or license from this Board to be eligible for reimbursement,which will be granted for a maximum of 2 courses per certificate, license or registration. 19.3.6. Lead to a City-approved certificate,license or registration. Reimbursement may be made for any examination fees required to successfully obtain the certificate, license or registration. Reimbursement for eligible expenses will be made after obtaining the license, certificate or registration. 19.3.7. Are not taken on City time and must be certified that they are taken on the employees off-duty time. 19.3.8. Are part of a bona-fide curriculum of the study of a foreign language for which the City pays an incentive. 19.3.9. Have been approved by the Department Head and the City Manager or his/her designee before commencement of the class. 19.4. Reimbursement 19.4.1. The City shall reimburse employees for tuition,registration fees,and texts required for the eligible courses. Expenses for parking,travel,and meals,processing fees,transcriptfees,materials and any other costs are not reimbursable. 19.4.2. The annual tuition reimbursement amount will be capped at an amount equal to the Cal State_ _- Deleted:EmOloyees shall be Fullerton rate for full-time students as of September 1 in a given vear:this cap shall stay oonstaM reimbursed up to me doiiar amount through August 31 of the proceeding Year.For tuition reimbursement purposes the eligible school charged for the some number of units year shall be defined from September 1 through August 31, regardless of when actual per term by Celifomia State University reimbursement payment is Processed. system. 19.4.3. In orderto be reviewed,each application must state exactlywhich units or credits the employee is applying for and whether the courses submitted are core courses or recommended electives for the approved major. 19.4.4. Reimbursement shall be made upon completion of the course with a minimum final grade of"C" or its equivalent, i.e.,a pass in a pass/fail course will be considered equivalent to a"C." No reimbursement shall be made for audited or incomplete courses. 19.4.5. Employees must submit from the attendant institution an original certification of fees paid and grade achieved in order to have their application considered for reimbursement. These documents must accompany the reimbursement application form in order to be processed. 19.4.6. Application for reimbursement must be submitted within three months of the completion of the approved course in order to be considered for reimbursement. 19.4.7 Upon separation from employment, employees shall be required to reimburse the City for any funds received under this program for courses completed during the last 24 months of employment. This payback provision does not apply to employees laid off by the City or who separate as a result of a City/departmental reorganization. 20. POLICIES 18 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 8.1.2807 THROUGH 731- _ _ __ _ -------- Deleted:zoos Deleted:2007 Attendance, Reasonable Suspicion and Sick Leave Donation Policies will be discussed further in ad hoc committee consisting of management representatives and a representative of each employee organization. 19 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 8-1-2007 THROUGH 7-31_ 010-- . - - - 4 Deleted:2005 Deleted:2007 AZUSA POLICE OFFICERS ASSOCIATION Dieter Dammeier,APOA General Counsel Date Peter Hoh, President Date Terry Smith, ,Vice President Date Jerry Jarrett, Secretary/Treasurer Date Louie Hernandez, Board Member Date Tommy Avila,Board Member Date Rocky Wenrick, Board Member Date Michael Bires, Board Member Date --------------------------------------- Deleted:Jorge Sandoval CITY OF AZUSA Sonia Carvalho, Best Best&Krieger Date F.M. Delach,City Manager Date Alan Kreimeier,Administrative Services Director/CFO Date JtermitFrancis, Interim -- - -- -dor-----------------------------Date---------------.._._.---_---- ---------- -- Deleted:Cathy A.Hanson 20 APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 8-1-2007 THROUGH 7-31-2010 ------- Deleted:Deleted:2005 INDEX Deleted:2007 Acting Employee(3) Bereavement Leave(8) Bicycle Patrol Officer(7) Bilingual Pay(4) Callout(4) Clothing Damage Reimbursement(13) Compensatory Time(6) Computer and Home Exercise Equipment Loan Program(13) Deferred Compensation(4) Detective(7) Disability Insurance(13) Educational Incentive Pay(4) Employee Assistance Plan(14) Flexible Benefit Plan(14) Amount of Monthly Benefit(14) Termination(14) Yearly Increase(14) Gang Detective(5) Holiday Pay(See Also 6.2.Holidays)(5) Holidays(8) K-9 Officer(7) Leave/days off(8) Life Insurance(14) Longevity Pay(5) Motor Officer(7) Off Duty Court Appearance Time(6) Overtimelcompensatory Time(6) Personal Leave(9) Physical Examinations(15) Salary(3) Automatic Payroll Deposit(4) SET Detective(7) Shift Differential(8) Sick Leave(9) Accrual and Use(10) Conversion Deadline(11) Conversion to Service Credit upon Retirement(12) One-fourth Conversion(11) One-third Conversion(11) Reasons for Use of Sick Leave(10) Restrictions on Sick Leave(10) Sick Leave Donation Policy(11) Sick Leave During Vacation(11) Sick Leave During Probation(9) Special Assignments(7) Standby("On Call-)Pay(6) , Term of Memorandum of Understanding(1) Training Pay(8) Corporal(8) Police Officer(8) Tuition Reimbursement(16) Eligibility(17) i APOA MEMORANDUM OF UNDERSTANDING,EFFECTIVE 8.1-2887 THROUGH 7-31-22 10j,---- Deleted:2D05 Eligible Courses(17) Dele[ed:2Do� Objective(16) Reimbursement(18) Uniform Allowance(8) Vacation Leave(12) Accrual(12) Required Usage and Carryover(11) Work Week(2) Work Week and Timekeeping Interval(2) Workday(2) Workers Compensation(9) ii 3 flr 'ir� yyv ti Education Summit on Declining Enrollment with Assemblyman Dr. Ed Hernandez I S \moi t 1 The summit will include presentations by experts in school finance and declining enrollment. Participants will also engage in a strategy session on how school districts can work together to face the challenges and take advantage of opportunities presented by declining enrollment. Saturday, November 10th, 2007 9:00 am - 12:00 pm Registration 8:30 am Royal Oak Middle School Royal Oak Library 303 S. Glendora Ave. Covina, CA 91724 To RSVP or for more information, please call the 571h Assembly District Office at (626) 960-4457 The attached were filed this afternoon, which correspond to: Public Hearing Agenda No. C- 1 975 W. Foothill Blvd. "D" Club �e AZUSA CITY CLERK 2001 P 3: 42 ILA Atz, t74A �a Gubel and Design and Consb uction 5455 WNSIft Blvd. Sults 1013 Los AnseM, CA 90036 (323)935-5454/Fax (323) 935,4652 Lk wm:B660164 Los Angeles,CA August 14 ,2007 David Martinez Re: D Club 975 west foothill Blvd Azusa,CA Contrast Proposal Conatmetion services Work supervision and inspection coordination. Professional services: Obtain all necessary permits under Gubel and AssociatesJ=General Contractor license as required by City of Azusa building inspectorCoordinate works and inspections. Professional fees: , . Faelasloas:(clko resooasi_biWw Client will pay for all permit fees,city hoenses taxes and any other official payments required Client will contract and pay for all subcontractors works labor and materials as necesseryclient will pay for any reproductionpdf files and any other requirements by inspectors and city officials. Architectural P1ans,Electrical PJaos,Mec aaical Plans and Health Department plans as required by City Officials Pament schedule: Upon signmg this agree®eat:®52950i ft Payable up front. H this proposal is acceptable please sit and return one copy 4,Gustavo Gabel D D Clu General routractor Client t�� bep Ub U( 1Z:J1p gubel ano Assoaates,inc. voo400z p.z mel end Associates. I� Architecture and Planning 5455 Wilshire Blvd. Suite 1013 Los Angeles. CA 90036 (323)935-5454/Fax (323) 935-4852 Los Angeles, CA Septemeber 62007 David Martinez O Re: D Club 975 west foothill Blvd. Azusa, CA Contract Proposal Architectural Services: Provide necessary corrections as requested by the city of Azuza to Architectural set of plans and field verifications. Professional fees:----- -- r_____ __�_�__�1,500.00 Payable up front. Exclusions:(clients responsibilifiea} Building and Safety plan check and building permit fees,Health department plancheck,electrical;techanical and plumbing engineering,Structural engineering,condititional use permit process,public hearing,Variances if required by city officials prints,reproductions,CAD plotting. If this proposal is acceptable please sign and return one co Gustavo Gubel Martinez n General Contractor Client Washington Mutual - Transaction History Detail Printer Friendly Page 1 of I r ! waMU.COM A Washington Mutual,lne Web site U22305276a '� 06/23/2007 - - - - 000000263253329 C This is a LEGAL CAVY n+ of Your crack You can mN uae 1 t the Same way -- - - To0VraulOuse the rum check. �m 3087 m rn Aiwa WO OPLA lNe 0 ru «a.raon..eua - 0 %rdr97, ,,, 08-28-07 787 Quit 3 PI N �j }r� .-__.. . ran nns �t A� ao ` .�o a / fu ru -ee.�= -...�a..s u 0000016000 41:1'a UU9 2714410792gk2r � ea00i:3(dQ4'iaAk[lo` © 2007 Washington Mutual, Inc. All Rights Reserved. https://online.wamu.com/TransactionDetail/ChecklrnagePrinterFriendly.aspx 10/01/2007 Washington Mutual - Transaction History Detail Printer Friendly Page 1 of 1 13 Wamu.COM AWashinglon Mulual,lnc ri'eb site - ' 0004002A28L1�75 G " Th 1 a is a LEGAL CWY ru of your theca. You tan uaa.l t 1ha -amaaway --- - -4uuwould uta the pr lylnal check. �.4 Am 00am"Ilm 0-0 SLticv9-19-137 7772 ib N ! r5 Q Cruct a Cn F/ R - an s. F O r in Q A r9 0PC N J MI �OOU£1'104�M Citt 241b t4d 44'1049i9b ° "" ' 1 22 ilEvi:� © 2007 Washington Mutual, Inc. All Rights Reserved. https://online.wamu.corn/TransactionDetail/ChecklmagePrinterFriendly.aspx 10/01/2007 i 'i j.idleneses Electric 16561 fietrUr. st. Dike P a)boa CA. 91406 Tel:(818)781-5768 �Fwx:(d l8)'i s l•.222 State T.ic!! C-I'J-bJS923 fNVOICE TO: AJDM Corporation WodE pairfOr.-irt d at 975, IN. root`;ii Blvd Azusa CA.'s:7ti2 DATtEe August 15, 2007 DESCRIPTION OF WORK PERFORMED 1. Repair all false connections on the roof for the A/C wiring. 2. Repair lights for the outside main sign on Foothill. 3. Install 3 exit signs. 4. Provide ground for 15 outlet receptacles. 5. Install 7 blank covers in the bar area. 6. Replace 4 emergency sign light bulbs. 7. Pass Inspection according to NEC and the city of Azusa. TOTAL $ 1,200.00 All (Material Is guaranteed to he as spectfied, and the above work was performed In accordance with the drawings and specifications provided for the above work and was completed In a substantial workmanlike manner for the ,greed sura c' One the��a^.c�twc_hv.ndre!i^--_Da Hem- (�1 ?�C_Q), This is a full irr:rnic d0are mv;d gezyfable by; luy-,wt 1• , 2001 'An 44rith our Agreement. invoice# 1447 A1 ed: ; st 152007 • SALES oke R QN N IBLk kZLSA, CA;�1 .02 DAI E &28,'20077 4--7 Sl-)L L) J C) JE:1-:LUJB DAsow RT!',-NFZ 'USTCAMR P i CASH ON' DE ORDERED SMPPED PHICE PA'-EMK-R. R,3014EATER SHL" LIPK. 100 105.4560 EACH 105.46 H9 11,K SLA8 i.C.0 45.0ii;() i.AI Ili 43.00 10 K-io A I E R m EA i tR 1.00 ------- IJ-, Q413 CA(.,i i 1'137A 4.1";12 FACH i f."RASS RU) T056L F A C I I xn 1,00 12 11.165 Cl E AC Ili ac sR Fl"- S..» EACH P 9 15.5i A I IPAUAP I �0 AC H z. x i'oo Tag FAC'ji MPPLE 6-0 EACAj EkLK COUPLIIN6 134 & e :e OA; j.00 ak, 4 1 ACH j L, LOU 0;sou hAk,ri E* S ORDER 11 010"ih &2S 2 00 9, CA 91-0-1 SHY DAUL)MARTIINE7 Liiti TERMS SIU10 VIA CASH f)N,r DE!:IVERY ORDERED SHIPED 'R'CL LNI t .\-,"touN L 10-10 36900 EACH 46.90 He�Rfl t: nk rust-, 1.7k 200 EACH YEFLON TAPE Ito loUENT 2215 Amu,Ey"PWL -0 F.,\iit 11,99 00 1 cl4 EACH 815 2j_. 6.10 (A) i C-0 4.163u H R.I 600 5.11 EACH Mi. en- kchi v ED -Net- n'ttdur: 1.?1, 44 es?repaid. in handling Fmwit 0,00 atwned gids wqtt not b., ccr�uted withovt Pacmiss'oQ arld &,"sk in. .est" returned —,Is m,,.st L.mode—Ifhin 3 dais 0 Sfes Tw MY,— U7234 YoNe bcc"nts. Associated Systema Tech Saftialow 810 VVW cIIOOfi691 DATE tillest ovEale.ca, e1m 6�iiB0�O 111 CM)3364M OU TO: David Mwthat FOR: Club Mak D CW(OvA Tegw%) 8�I ITOTA: s: i' •f , TM PUTE e'A:.n TRX I Urge" TOTAL f I, Iv �i 0.1muls Ao^ p=PvG r ZVA,6 RLS, 3TRUT THr- HomF, DEPo,r /16629 DUART�e CA 9101.E 1bi5 S MOUNTAINAVE k ') f p51 'CIS. 1Q�r TX: ^V_! C.' 51016 C6266)) 256-0580 ! 662£ 00069 80940 D8/15/07 [tet ciwo._.Y .. :... ..._._ ..i.. •�111uf 14 SGO'69 09:16 AM _. NA Phone Ir IOW a .....�,...... p� lAAf' ii1.l ii'V':;.i QGAN. J:4ti1Tt;Jq !y;'I _ J-W"WT - 784231083888 EXIT/EMERG 19 3186.73 SUBTOTAL 260,19 SALES TAR 21,47 TOTAL $281.66 CASH 300.00 CHA4XF ME 18.34 1001 All Ii wi odi ' rf .Etl4 etla R'TL'RN POLICY DEFINITIONS V-176 70 DAYS POLICY EXPIRES ON _._..----••---•---. -.._.•.._._ __roTn< i A 90 1:/13/2007 „�— TAX ' T:L hi-Ac DTPOT RESERVES THF. RIGHT TO ?0T4L 7 LIMIT / DENY RETURNS. PLEASE SEE THE All claims and retumed goods MUST be accompnded by this bill. RETURN r LICY SIGN INSTORES FOR ^ Reed by `—' GET SPECIAL DEFERRED FIIANCING ON 100j THANK OU P''ACHASES OF :299 OR HOPE VH THE HOME CON atl1T.7 CREDIT CARD ; EVERY TIME; . RR%%RRaRRRt%RRtt R%RR%%%NIRA%Rt%tRRRt RR Q{r�� vCE .___..___._.__�—� - �:��"'�rr•...�arvru..rcnrerwn+T� PINICET.RYAN PLUMBING Ili20245 B. COViNA PILLS RD.COVINA,CA. 91714 ER t I( i'I,�t III r It 1. aJlifr. SHIP TO. SOLD TO r n ; ( !. e itll.;i -0{ - t 4: i ' i 1# .rll ���4rIrt1/xl 'r:'�i°t(rdit lJ1fJ11lnryirllslll �! lrll•!1 SP.sr..i!#r lrlrLlt:,;luhlla lr ill!'.1(tii� rlr�f,�y,ay)N ,rr�s;,rlu., •I�!! Ifil nir !r„�.11i i[ryI'� Plrf vr�'9.,til�t{i°+1iI ;jl.{llL.it lt�(llltl�I"tr'I'li�r 1r1§ f,'{a Lt rl�'ituillll�l�'illt.ht�'N+1,.7111, j�l II tN'' I711 IIJ.G _ er, 1 +�I.Gt r'1lf le(IIIyI� -Y lttl 1 1 jilt H, �ll'j it dit � ti! 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Ji; ,T i�M� rr �lI 'If Ir lilt,. _ I,-I'.I15� 'Illi R ,il'Y�rnryry Ir ir.ill ..,#I # I,I lf�l,#: IIi r''`tillvi rlII !IliLl t(-0tj�It: !i(ll tltl 7i'i Ia"(!ills/ # {I#a lis 11 lji� lllli(Ill����Gr�1'll llnJllyl'itl it el iLl#I IIiI#irllBl l<ul;li rytl,i If1 it1 .11plilt,#IIII;ItR+ll(�i• ��I Ij1 �1171I 1111,11x•1 •I:;Lr1,it4i LY it ,'�,II t:II: :I�t�tItII� �Ii'�f+I��il,l,�.�'4[,--Ir,iIIIII�II:Ii1J}j lliilrl rf: i�t III AIM re�'`� Sk�1 < l - ;!I ItI , ,trr.r r __h,. � i jF 1' 44 \4ei��YlL�k�l gid... l6�VOICE G12 ;: 10926 SCHMIDT ROAD,EL MONTE,CA 91733 - , TOLL FREE (800)427.-4494 & (800)452.8738 ( - , - ( `�—" ) a-'i4'>a'OGfr? ORDER NO t-, PAGE IRON WORE- ( SAME ; 42.57 ACCTGrI 5T -TE :411 ! t.:c. —... ...._._.._. BALCiWIN DARK (A. 9.170x, +. :_,L CWfOMER NO. RESALEITAXABLE SALESMAN- TERMS PREPAID/COLLECT SNIPPED VIA rr1R 7:"57 Tra%ABLE 8 .21 JOHNNY Cl- PREP:;ID WILL ORDERED SKIPPED BID PART NUMBER DESCRIPTION TX PRICE U/M EXTENSION -rj 3r2X3rn4L . ' INTRN,,TNAL " ,i'ANIC EXIT - :i: Y• 13 ' . 'C' E a. - ,, -i70 i ( WITH RIM YLINDER I _ r 1 ' j i CREDIT CHEC _ THE ME.RCHANDT6 L'IHTED Q14 - TC/TAL . . . . . . : PULLED BY _ _ INVOICE IS COMPLETE AND IN � ' �._ i .+r-SLE.: -T r'1:� . . . _. CHECKED BY M APPARENT GOOD 1ONDITION ; SUS-TOTAL.. . DELI:V/$HLP B EXCEPT AS NOTED . SHIPPING . . NO RETURNS AFT _R i GRANE' `RTAC_ gO' f'•AY5 '" ,, 'r ,. rl�du:a7n L?J iVp NIGHTCLUB AzutA CA Invoice No. 1197 SUMMARY OF CHARGES _ — AUDIO LIGHTSNG 'v iDEO ORAPE 4 ECHNtCAk. LABOR LABOR SET-UP F4JUGING POINT CHARGE LIFT RENTAL EXPENDABLES kJC:K'!RANSPORT Subtotal S 3,300.00 uisoouett $ Total S 3,300.00 Grind Total $ 3,300.00 _ D CLUB Venue Attn:D Marbnez Off. P164e9-8554 Fax David Martinez Date GC Produetlon Group 531 Diamond St.Suite A Monrovia,CA 91018 Off,(826)301-0699 Fax.(828)3040549 infoCaDacoroductionorouo.com ii. r l v -- --- n1:1 wERY INVIPICE • "... _:., : OATS— I IIA '; Llir Ll t t :.. ; l . '. I. , PACKED WIPn DARE SY I I ,I AICTNS . z t t) !� I Ix tlt 1)117�) s "x,.} '>si? 1 t PICKED , I I I( f I r , d TI F rk� Z rk I44 j„ ' - SNIPPING In1S?{iU01IONS a Il) 1 1 Y .h S^ P' X "3 Y -S•!y �4'4 .}�.` w• y �• ? ` �YT}}'�[W'�xv f •3¢.t n= Z4 �E — v � � s s ,C�k, t :,v �ro c,a• S L$ �^ ✓..t_ .. :_crr pIll, (� 111 laI-li r+1 Ili-il,.I. N L ` D ...,1 In 1,.._. 1 • 11i.'1._L. tl , L% t: Lla P !31 T o 0 .00'N ORDER UIM SHIP B.O. PRODUCT NUMBER DESCRIPTION WEIGHT _UNIT PRICE j I yks° /< Tr'd I �"Pz� 'r r I� 1 t { -: ��' •.r,i 1 'S 1- �-�c F' z .»r $ nvu7 {°^ 9e C.r..U` Jy` sA. �'4� n�J z 3 '< k',a ?.d'�"SSxs `M.'B" } ?5;•x t.a Ss C,. i rt4ti i. x.' ` I r t `>'. �A 'dw,xm F w5 Y' v l , sro 1 A 021061 w s,. .tifi it h . AlYI[X LVS Fa- v iii hal 85176ZA (711 a I tX� .a,,•`,A1 1111 r f IT n, 95I096 1�:ry}^f�$fh,'321°Zi 1°•^�Sedi . :Vaz^.. Y-$' 141S.�J .j 4Y'bv �fN ti: f 1 xt `. � .} .£'� .G'�•dS.^'�',C.t ...:'i x .SA"4 'wa'd� E£i h+6,?LfAf ^t} <,3h.'Yd'ij ✓4ta .-•., ,- �`i 4 ' !. } Y �S 1 t7• f.ro 2 �+ 9 }i X' }yT g+�. [ �"y'E"1Y��+jyt I1I'�S 4y .$µ I ``\I t,'^s > aY,9 I.p.aa k r^n d xaa. M, rt ' 'i .fYsz4r£ tt \Iu r� �'a ��Hsx'P,kdS.f' sf7 1t�.. " ty4 , .Jnt 4✓171!'.:'F :V ° i5"1 rZ�,. k. e k;:d III t it I _ �Il f1lC ( -7 '- `I L r' (AIDV 0 p(IST'.T UPS SHIPPER# UPS SHIPPER r PKG ID k +!'irai (a I)LI PKG ID?A1463`iH IJU 7 1 / rUillrfJ (.{:�I'Ir-1"Iltt) °.Tkka.a. IL:.10 li to lUtl_�I �..,' . �f• 'IUii% t.airc. c'::, fG t.liiG02E1ifl 4• TO: D CILIJ 01� IIF. . TI:.{LII::r1N' n(1'it 7 975 W t:r70iTi.LLL.. III...V RZ1.1SA Fa 91,70 10/011200-� 241:24 i2e.3%3934P5 i_F-. Air. iCALPIAH PAGE 01 AZUSA CITY CLERK Z001 a PP 3: 4 3 j!XL(1•A!?ATrtQa0F DAV1D MARTINEZ IN SIJPPL WENT TO THE AP EAL O AdDPi' U t�ORNI-ION OF THE DENIAL OF A AFF ENTERTAINMENT PERMIT 1,David Martinez,declare as follows: !_,. :.. Ucnt of AJDM Corporation. I have personal knowledge of fra f3 : :':dt:R t'' 2. On September, 16,2007,C13S 2 and KCAL 9 news reported that a man was S±ni_r_in the alley behind Ott Casabia ica Bar in rhe 300 block of South lrvmdale Ave., Azusa. A copy of the news report is attached hereto as Exhibit 1 and is incorporated by reference as though fully set fortl:t. 3. 1 am not aware that the City of Azusa has taken any action against the permit held by the Casablanca Bar as the result of this Stabbing. 4. The failure of the City to address the stabbing,coupled with the City's failure to produce documents related to similar incidents at Casablanca and La Fonda show that the City is discriminatix t3 against the"D"Club in refusing to issue a Cafe Entertainment Pen-nit. 5. On a similar note,this City Council has previously considered the impact of stabbings such as the. recent incident at Casablanca. On January 23,2003,this entire Council presented the Meritorious Award to Corporal Jerry Arnold honoring hint for saving the life of a stabbing victim by administeiing first aid which preventing him from bleeding to death, A copy of the minutes ig attached hereto as Exhibit 2 and is incorporated by reference as though fully set forth. 6. Further,the case of People v.Abasta(2001) 11.2 Cal.Rptr.2d 320 concerned an assault on .lfrican-American men at a 7 Eleven in Azusa. I do not believe that any action has been taken against the 7 Eleven as a result of this incident. A copy of the decision is 10/01/2007 14:24 12132399409 LEE AMD KALFMAN PACE 03 attacbed hereto as Exhibit 3. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and cK)rrecC Executed on October 1,2007 at Azusa, California. AJDM CORPORATION David artinez Preside 10/01/2007 14: 24 12132399409 LEE AND KAUFMAN PAGE 04 -lr..dxh%b l* t 1 10/01/2007 14:24 12132399409 LEE AND KALFIVIAN PAGE 05 -ivian, zZ, 5tal)Dvd In Alleyway Behind Azusa Bar Page I of 3 CBS 2 - KCAL, 9 - Los Angeles - Southern California - 1-A Breaking News, Weather, Traffic, Sports, Blogs, Video, Slideshows: Man, 22, Stabbed in Alleyway Behind Azusa Bar OE AP ba AAI jebn A�,b aS InhwMdWrachricip.0 i. lfilfzl� s 0111 wftdf� Sedren FScon,e nn.m! Top News -Save I OE-mall I 0 Sep 16, 2007 S.P. am US/Parfic Man, 22, Stabbed to Alleyway Behind Azusa Bar (CBS)AZUSM, Csfif, A 22-year-old man stabbed in an Azusa allOYWSy behind a bar was hospitalized Sunday,police said. The victim, whose name was withheld, was stabbed behind Casablanca Oar in the 300 block of South Irwindale Avenue for unknown reesors,sedJ4 Azusa police detective Can Manley. Tine man flagged down a taxi which took him home,and police were sent to his house. The victim's name was being withheld, the detective said, beca;.lze the crime Is being actively Investigated. No hospital condition was ayallable, but Manley sold no victim had stable vltaf signs. ((q)2007 CBS Broadcasting Inc. All Rights Reserved:This material may not be pubilshod,broadcast,rewritten,or redistributed. The Assoclated Pmg contributed to this report. From Our Partners Coupons: Get free coupont;for everyday products ............... . .............I.........11....... ............... ......................- SPONSORED LINKS Get lotec i,ere Back swoorl,Alternative! effective Gentle Arthruclipic.P1,0t9dural;Far Rack&Neck. AARP&T ,H,Aftrd Auto n,v.,an"Quell Over 507 Save$383 On Lffittme Renewable AVtn insurance.Free Qua%eal vviw.Theharfford.�, VAARP Hot Stock Pick$ Gulf Elh2nal(OTC!GrET).SiaFuels,rreon Energy. wwW'qulremiralcorrxo. 1http://rbs2.comitopstorics/1 c-cal—stary_2591 1524 0.1iti n1 10/1/2007 10/01/2007 14:24 12132399409 1.'7 Z!,ID [ [iLFMAN PAGE 06 _�Exh " bit 2 10%01/2007 14: 24 12132399409 LEE AND KALFMAN PAGE 07 - - CnTf JF vaunt MINUTES OF THE CITY COUNCIL REOULAP•MEET%:C TUESDAY,JANUARY 21,2003-613D P.M, The City Council ofl a Clty otAzuse met In regular session at the above date and time in the Azusa Auditorium. The entire Council Tr=_sented thFMorit_rious Atn•arcto CorperallcrtyAmold honoring him forseving Award to the life of a stabbing victim by administering Drst aid which preventing him from bleeding to death. J.Arnold Theentire Council pnisented the Mfrlrodods Award v.-Reseva OfFcerSwtt Wiaerwho displayed bravory above and tK:yond the cell f.f Dlny Ly:f9rling a passenger on an airplane who was acting erratically, Award to S.Witter CLOSED SESSION The City CounOl rco-m ad to Closed Session to discuss the iblIMIAng: - Closed Sew REAL PRoQ,F,mYNFS;DTIATIONS�'G0.r:a:cd+as.54966,Ey ti �� Property Address: Nzrthv;st corner of Azusa:Avenue and Foothill Blvd.Azusa,CA. ""' """ "`a 917D2 NNy corner Agency Negotamrs: Economic Development/Redevelopment Director John Andrews Axum/Foothill and City Manager Cala. Under Negotiation: ...v5„r.., ,:w�a GT Pte, The City Counoil reeamed at: 6:49 p.m. The City Cowell roxmi rind at:7:22 pm. Cay Attorney Martinet reported that mere was no reportable action taken in Closed Session. Recess Reconvened Mayor Madrid called the meeting to order and led In the Saruta to the Flag. INVOCATION was ql+ren by Reverend Rids Mae Donald of the Foursquare Gospel Church. No Reports ROLL CALL Call to Order PRESENT: COUNCILMEMBERS' HARDISON,STANFORD,ROCHA,CHAGNON, MADRID Invocation ABSENT: COUNCILMEMBERS! NONE Roll Call Ar SO PRESENT• City Attomey Martinez City Manager Cole,Assistant City Manager person,Chierol'Ponoe Davis,City Treavrer Macias.Public Wo N rvaKasono %ommunity veroiopmm Dimccor cruGnneq Aa.6 uni Community Developrnant Dim=rr_:naga,C.ty librarian Tc ar,Cay Engineer Abbaseadeh, Director ofEconomlCIRede P!,ntment Director Andrews,Dirauor of Utilities Hsu.Police Captein3 Garcia and Also Present PinF96 Community Improvement Manager Rudlsol, project Manager Suvarl, Planning Secretary Rocha.City Clerk Menyoza,Dc;;.-y C;;; Tri=o=. PUBLIC PARTIBIPAI'ION Mayor Pro•Tem of Moiuovia,Rob Hammond,addressed Council and audience presenting me Blue Star Program. The pitgramr:c:^:tw_ �:y ::_p�c_�^:`_^ta."�':c::rt^•o,!r iCd^r;, in the mllhary, He di;playad a Fa;rtar that is placed in he=of the family of the person serving ow country that basically a3ys: U.S.A.Azusa Protecting Our Freedom. HedepflledtheprogremwhJch 10/01/2097 14:24 12132399409 LEE AND KAUFMAN PAGE OB is to support the st:rvice Person end family oy seJ1drg them a service package which contains things that are unique to Azusa,i.e.newspapers cappings, items from locai stores, oto lastly there Is a Pub Pan patriotic Dan pal Program when schools end City's have a joint program to communicate with sorvfcc portionst was consensus of Councamernoers to direct the City ManaOor to look Into creating such a program in the City of Azusa. R.Hammon Ms.Ruth Enriqunz and Ms.Elaine`6jbacoK a addressed Council requeiung supportto famiaaa whose Comments loved ones aro b"rg called to service Or January 31, 2003. She advised that. Reserve Blue Star personnePNational Guard are being deployed and their families would like to have a luncheon or Program some Sort of send off. She announced tho request to audience and further asked that City resickints support team by displaying Flags as well as yellow ribbons throughout the City. Mayer. Madrid asked that the request be placed On the web site to reach other members of the community. Mr.Byron Takeuchi oddresson Council stating that he's interested In conducting a food businoss at the old Yoshlheya site on Alosta,and that the CUP has expired. He requested that the fool for the CUP be waived In enter that he may begin the process as he tSd not anticipate having to pay for it. R.Enriquez& City Monger advise]that he would confer with our City Attorney. E.Rubsearve ' Comments REPORIN UPDA1[13 O.OUNCIL BUSINESS AND ANNOUNOEMMM-STAFF City Manager Cole lir nounced thot the oetebrationon Martin Luther King Jr.Birthday,Hands Across Amt.•N6,a e'f;at r•;_CUSS, Moved by Mayor Madrid,Seconded by Mayor pro-Tem Haralsonandunanlmwsycamledtoappeint a.Takeuchi CounNlmember Stanford to the Board OF Trustees for the San Gabriel Valley Mosquito&vector Comments Control District. Moved by Mayor Madrid,seconded by Mayor Pro-Tam Hardison and unsnimously rained to appoint Covicilmombar Stanford as Primary and Mayor Madrid as Alternate Voting Members of me San Gabriel Valley Courall of Governments. RptsWindates Miss Magian Ahern,nutudemat Avysa !;y;.;;,.hca:,.;Jd.cicSv L-_r:=:.: e�a�tiny wppdrt to attend the Miss Lienee and Drill Team Coml t-t_4Vn. She YJYised that G•h tr.!e.!-P is$600 and that City Mgr donations could be made to the Band Ueondmer,t at Axu%a Hol,School. it was consensus of Comment Councllmembersto support Mggrtn Arl:iortwuA,. s:r;$,h Sar,:,::1,in&e;amount or$100.to attend Miss Dance and[Drill Teem Competigcn.n @eeurtdb a-0ch. 5tenford apps. SGV Mosquito Assistant City,2D02:: hemRobwas no the Second Quarter Updateto Work Plan through &Vector Dist. December 31,2002; [here was no precantntion. Coundlmember Rocho Invited all rejoin him to pfirm deg;on Saturday.February 1,2003,at5econd Stanford appi- `re.^.t Itad 5d:da,r.'::c^::m. SGV COG Counrllmcmher Stani Drd praised Mayor Madrid for receiving the Humanitarian Award from Faith Temrle Church.honoring her for her support lilting plight to reduce hate crime%In the City of Azusa. Support M. Mem Miss Mayor Madrid announced that this is nawar and an o Dance/Drill yc opportunity to experience joy, love and p.tlo:rs,arnc!ta fel:.[•)LVJ.^.g toward a hotter Azusa. Team 3tth EDULED ITEMS Work Plan vttB I - Ham-to adopt a Resolution spp'ovlra an Apr.rooriation.4mendmert for fiscal year Distributed 2002.2003, Rocha The Mayor declared the Hearing open. The Ciry Clerk read the afftlavit of proof of publication of Comments )-f 1.1!13 vel::°f rg'm;_odoi-,.hed In the Azusa Herald on January B.2003. ;re:tcr of Ltiitwi. Hae ddt_"dssed the ri • .;it.ng zIY.:ne :hy:is an ey+_•ar!:am tL p:::9dre• 5[^nfoM t:mnecrc„ at Upper San Gabdgi-6 (USG8)to Suburban Water Company to enable them to buy Comments water From Metropolitan Water District via the connection. 01/21/03 PAGE TWO Madrid Under the terms or Ire Agreement, the City's Water Division will be billed by USGVMWD for ail Comments :.Far asnt:nt m!s connecdnn. In turn.the Worm Division will submit a-I int•%nth lir&tl:rhan Ar recovery of its water cos[, plus a 6%admtrtlstradon and operation surcharge with the minimum Schad Items surcharge begin no less than 56,000,00 per month. .Testimony was slicked,but none was racelved, Pub Hrg Appro Amend Moved by Councilmember Chagnon, wounded by Councilmember Rocha to close the Public l in 'r• Hrg open n1:wo1[y C(,1nc:in:urh3r 5'anprd,5tWridt J ll) 1:1r-lin.I.men+ber 7tLyr•Cn to tpp"_Vt b bu'7get a rrmndmanr in tho amraun!of$1.1 mlllien nod audiorize the issuance of a Purchase Or der h that nb c;Ll- :!ji;- amount to upper Su n Gaoriai Vailey lviunle:pai Water usinci;u$60itdY,•uj for facai yeer;.10CF•20U Comments 10/01/2007 14:24 12132399409 LEE AND KAUFMAN PAGE 09 PUBLIC tHFAgi 'St.-on an application for a Cer•incate of Pubnc Convenience made by Diamond Yellow Cab Comp rV,to operate within the City or Azusa, The hlyyor declares the Howirg open. The City Clerk read the aMdavl[of proof of publication of notice of said Heoring published In the Azusa Horeb on January 9.2003. Dlr of Utilities Continued Community fmprMhEment Maneger Rudisel addrectsed the Nsuestating ehatthe Diamond Vondw Cab Comments wishes to operate mBhln the City of Aaum and there Is a need to Issue 3 Certlficffie of Public Convenience and Necessity_ He stated that the insurance does not meet the conditions in the Azusa Municipal Coca. so If the request is approved there is a need to specify in the resolution Testimony/none adopted the need to comply with certain roquirements. Testimony was received from Mrs.Yolanda Pena,who expressed her opp Icor to Dasmona Yellow Hrg closed Cob operating Intha City due to already having four cab companies in the City. She statbdthet they usually congregate In local shopping renters and rosldentrel areas and sometimes double park and socialize.. She presented photographs for the record, Budget Amend Approves Coumilmembdr Chagnon noted certain inconsls[enoes in the application and the need to get clarification on them. She stated that the City's ordinance needs to be revised because the background check cannot be completed before the application is submitted. She noted inconsistencies regarding the name of the coeteany, the registration card, driver's license pub Hrg insurance. on, business Ircrose irtorna+.Ian, DMV record for violadons, end certificate of liability yellow Cab insurance, Community Improvement Manager Rudiml ratponded to COUncllmember Chagnon's concerns. Caunclimembar Haraisenaha noted the inconsistencies in the applicents'paperwork and expresscd his concern, Hrq open - Moved by Councilmembcr Stanford,secondee by Mayor Madrid arid unamimeusly carried to close the Public Hearing, Com Imp Mqr Moved by Coum lnrimber Stanford,somnded by Ceanclmamber Hardison and unenimousycorded Comments to deny the Certlfcaue of Publlc Comanle. eand Necessity,end direct atafFto prepare a resolution noting the denial, City Attorney Martinuz announced that with regard to the following Item, issues Concerning the Proximity ofthe project and how it a6ect5 two ofthe Counclimembars,and any potential eennlct of V.Pena Interest. He stated tAt Vie Political Reronn rules dictate that when a member of the City Council Comments lives within$00 feet of the property that Is the subject of the application its deemed to be a material effect,however,it's a presumption that can be rebutted. He stated that City At:Cmwy's Vince had some appraisals prepared on behalf or both Mayor Madrid and Cduncilmember Stanford cndthcy also rt,-ested an.�5ticr`Cm•tharr,IrP-:1tical Practices Commission v 11hraspacr.io the Discussion impacts of this decelon on their Lnandal interest to see If It's possible to rebut that presumptlon. The appraisals were sent to the FPPC and their opinion dated Dacember20,2D02,which said they found that"if the officials find thatthe appraisals of their properties omit no pertinent facts and that the involved appraiser is duty qualified,the npprafaal could be seamed appropriate evidence upon wri ch to rely when mhuttlng the presumption of material flnamlal affect as fauna in the FPPC regulations". He stated that bah Mayor Madrid and Councilmen Stanford have hod an opportunity to rebut the dr-'-'-- -' 'e rcprslaal and he adviSthat at this dime they could announce ragwer...- -, ti,et .r n:.r:I+ P.d,y ar...a_ ^•�have a conflict of Interest with regard to the Monrovia N'.,, yF-'..ct. C' '» -c:r both advised that ager careful cvnslderaten,and Hrg closed a T. Y.a-,a y•;:>::'':J n`�ir.:._eatvdth the project and that they would both he Operation of Cab Co. denled PVb,_• Cir" tf a• ler ' .0 uiRan.Amendment from Conservation(C)and Rural (R) City Atty to Specific gym,. ,., .,,angle from Single-family Residential, 10,000 of lot minimum (R-a- Comments 10,000)and position a al Agriculture(RA(to Specific Plan 6(SP•B),adoption ofthe Monrovia Nursery Specific Ran. Vestirp Tentative Tract Map 54057, and pre-vane for property proposed f,- Re: Conflict of annakation located 61 the City's sphere of Innuonee, Ineuwst for Ce dill The Mayor declared tie Hearing open. The T+y rora7 the art,!osl'of proof of publicatio+.r CAvuAin lPd bc;f, notice of said Heating published inthe.41n Gnh•iei tra9q••rdy,n;e or 1Ca:inn 19,%rn2.and January 13,2003. City Manager Cole aceuessed the Issue Ina ore r: lir;;prvi•:.•iy detailed Information regarding how the pr.3 ect relates to the beginning of tho general plan process,provides a vision for the Clry of Azusa.now the Citizens Congress was created and participated,what the people said they wanted for this area wnlcn was:primaryresidential. He stated that th.('nvmJnperf a Specroo Plan that would be acceptabic to:he ra:rnlranti+v.dna create„a can;r.:roF in n"in H!th vnxxshopz, frmtfad by Mnnrnvle Phrraan, Th_Jpe(_tl;je_,.."-._,fG;gu;d;,^,D pTlndplE=w7�4:Y.acv.r�eiui Siciariiinrmiry environment quality nrighborhoods,moburty antl mb or uses and green specas or pubiic uses He detailed the design aunpethlon where two frris were hired to create the plan and he detailed the remainder of the cardless up to this p91r,;ffi Well as rho pfoJrig[tlesign antl how it relates to ti19 four girsa..g pr:._.c. - Madrid& Car-,an:nily Develcprp ant Directo-Oru-1,nnr al z'e,,,ed the issue and detalled the mhniral ffi Mia, Stanford 10/01/2007 14: 24 12132399409 LEE AND KAUFMAN PAGE 10 Ii,blhaumEse done.detailed EnvironhlentO Impact Reporter well as the Fiscal Impact. There have Will participate beenm_nyworkshopsjoiruyheldbetwaen Plunnim Commiasl,. ilnHCiry roUnC!!. Eiespokeebout In Monrovia the Plaretiw C'?�c.r.f<nnn ha_ .,...,-.__ follows: _.._ ..:.. „ ,pant vii sPeciiic lssuea, as detailed as Nursery the ylorming Cammimicm unanimously agreed to the changes to the conditions recommended% rd 4vs;or in:!tentoffmpdrt they recommended that safety fgnring,mune proceedings the deieniioa bssin:;novno no insteuetl at the, or construction,relocadon of the palm trees on Palm Drive,an arbcrlst shOUld evaluate the trees andthoso tlla:have o fire ex ectanc of another 10 Pub Hrg years should hecarKiidttx for'gLCet'dn and Pznt.g2--d t-4050 P would y Monrovia be replaced on a l it)l ratio. He stated that of thouMitigation ien matleasa that were pronot posed hr69 Aver dd that that were rnatly is Nursery With regard to grade separations at Palm Drive and Citrus Avenue,that the ore(erred anernarira is Prre_err_ Ute ixre where the railroad tracKs would be elevated 7 ab S feet abovethe existing grade,they also feltthet the Sere Mad'a Mal)should include rest area,and benches,that hOise mitigation measures include direct hauling uvea,So'q[c Pe trothe,r1':cirmlLnrGaY tegmen„Zrtl'k'route A^p that calls for a specific map of Wrg open air conditicniny niu, replacement plan, one lirall , th r t: _ .on„c,the find ornate.was eliminated on y ho Planning re: certifying EIR.ore of the � Papu 3E, H�.stared malthb Planning Commision could rot roma tv a eondusion on street widths ane d::^.con r.;-_cr;Is':eae ode Ird.nating one story dr master bedroom downstairs floor plan,heexplalned. Hestawd that the Planning Comrnission believes that City Mgr with all the changus the item should be adopted, He then answered questions posed by Comments Councilmcmbero. He noted that in the packet them is a extensive responea to the City err Glendora letter. He responded to questions regar ling sb'eet widths,palm tree mplacemam,fending,housing types,computer mmiaiing,and Sierra Madre. C'ry Manager Cole mrvised that the Azusa School Board have asked that 3.5 acres of the park be reserved to be used later to enlarge the school, The nursery has agreed to dead the entire five edea el the City if tile;School District needs to use the 3.5 for an expansion. This will he d6assed on Thursday,January 23'°Joint Council and School District Meeting. Councitmember Chagnon requested that Mr.Peter Carlson or Vandermost Consulting,representing the applicant Mr.Mies Rwedalo,addressspociric questions she and Mayor Pr Tem Hardison had Com Dov Dlr given him over the weekend. - Canmerrs Mr,PeterCarl,on of Vandarmost Consulting responded stating thatinere aretwo ways thattne plan has beer,designed le control dcmlry in the number of dwelling units,one Is by a maximum#of dwelling units per n.;ro in a particular area and the other way IS an overall Cap on the number of dwalling units. He ablted mat with regard to number of dweliing wits per acre.in the transit area they have proposed:36 dwelling units,and he is now proposing,in response to Cduncilmember Chagne!u'gvestlorri,25 unds perave. He mforred to an L shapearca next to the 5 acre park and the school,seting thlit they currently have a maximum density of 25 units to the acre and they are now proposing 21 units to tho acre. In the area to the west,a[gacent to Dalton Etementary school and just north of Tenth Street is proposed at 12 Units per acre and no more then 50%Attached, they are proposing 1CO%derached. In the Village Core they ere proposing that on the 12 units to the acre pati they will be detached and that 15 units to the acre will ba at he detailed and talked about the Park neighbemocd: Losdy,he stated that they arc proposing anew cap of 1350 units of which approximately, 60%would be detached and 40%attached. 01121703 PACE FOUR: Mr.Douglas R.Boyd,representing the TrusteesofFalrmontCemeteryaddressed the Issue in favor or Monrovia Nursery Project,with the exception of the Following concerns: erosion,access,fencing, green bait and water r."ce. He stated that a mitigation measure Is needed in the EIR to provide for proper drainage. He wanton to dOW9 the access road,bridge etc. Mayer Pro-Tem Hardison requested that the City receive something in wrltlrng to address the Fairmont Cemetery concerts. Mr.Fetar CA:;ui of 1'andm host haat and«d eta;;, y hat Monrovia Nursery doe-act and.rill not nvnr air orf veh'N!F!' Recess to the cemetery. City Mgr The roliowhg personeil vided testimony regarding the Monrovia NursoryProtect:although badceily Comments In faeOr M the Prof-wt. the majority of the donaems were contued arovnd the density of the project as were as ira mc: Richard Rllbio,Seamus McKeever, David Pack,Cynthia Hartunien, Marti D--More.'-nil snn Johnson,Bryn Stone,Mark Dickerson,Carole Deem,Don Curry,and :dy Tv ;I, „ me 's ,to!==ve a=nv k t nota to be rest+Into Me mord,Joe Guarrers,Diana .Chagnon •7fr:n, F: Jan z.r, tr a lar .I :2 a r .,1i Int Sr',sn •r i f occacian. The following Comment, r,=aorn .,,,,e..,'e ;. L.e P.y_ct. ..ut .e!.....P.:a.' :le .:,C.an.rc— Mark Atlas,Ted Garcia, Y.aith Bushy, Hector Raybai rodd A`:,.iar, o.,n Ro!%en, .1nr Sr..,thost. Tho following persons spoke agairor the prolect; NlarB Gc. . We Ku.Uls, C;rhia penis. 5a,” Parvin, Maria Neal p Carlson Denton,Art West,Acette Smiin,Cat Risen,and Mike Scherer. Wayne Leech,Dianna Walter,Chad Backstrom Jones R Stokes,Patti Sexton commented on the project. Comments There were 16 letters.-and into the record requesting lower density;500 homes on spacious lots endthatthe9Rbemdane. Thanwasalsorpetit;w,ubmrttccwith57.=k;na ares, thatrequested that Tenth Street not be vaed to run trlmugh the new housing plan. Moved by Co nellmomber Chagnon,seconded by Councilmember Stanford and unanimoudycanard to close the Publld hes ring, After additional Council comments, it was moved by Gouncilmember Cnaynon, seconded Dy 10/01/2057 191: 24 12132399409 SEE AND KALIFMAN PACE 11 CcvnrllmembT,4a"'n:rci t!nanimousy carr?Cd that`:h_PJhI,;;hearing be continued and thac a ;o—Von or Mda;o'--.' ^roject that Porto ins to a,._lig?sufca will be discussed on 1 bUsda )lrz,y 23. 2rfl?,-a Vr;.n. at the Azusa Audltoi"_.r., Further,that the Public Hearin ,A e.0 coitinued to':'esa:r., s-:;n,:29.2003,at a 30 % 3 vJ . p.rr..-! ri to Azusa Auditorium,and that r..a UtllHg F aaH mee[InO. 1--rtacd r,,r rnat dam VA ba moved t>':rr=jdneaday,January 29.2CC3,at V.Yn^>Light at iNzt:.. ^.�-•trance Room. CPeysr for propeky loc-,7d e: 227 N. Azusa Avenu;, Azu�. C,l C.Boyd Q,!npermitted a,Jn 1'erdl. hhnny and Manjamt t i6qu,c= 7mmmonms by m r-.Mr hagnon, saconyed b. 'ncpor Madrid and unanlmdualy can::-c ca i sirmpnt ktt^m� Cc:ncn r CIM:me the Pnblk•vdrnnoe appeal hearing W the n.�e:.�Nar City Council meeting on Fet_m. "emetep 2703 kardlson Ar item of sub�.v.juerf.need arose regarding the VLF Fuhrfrn rnel i,w.e moved by Councll+ts•mErFr Comments Stanford, secpnd�u nY Coundlmember Cnagrcan anr.nnprvmd!sy rardedm agendize k as`A-N m tile.ernda. P.Carlson P.esporis, T t^aQNSEfVrl'—n rag Consisting of ltarn.VI-A ttimu;h VLM was approved by motion c MAY r T;stlmon•i P',Trm Hard'frn, Y—deal by Councrm.+tuber Chet ncr bnd unanimously carried, wltn tl,a e b.•c?Pt!on of V!-F. r e10 k.which were cons°dorad ander elle Special Can rn and A!lainst portion cf the Agenda: Tile and Aqt A Minna,of 1^•e mTrl r meeting of Decsmber 16,??72,were approved as written, B Humac Reco=,�s 4crion Items wero appro,,t l as fNlaws: Merit In,,,:ya n-dJnr Regular Appem;monv n Mortensen, C. Rasnencie,J. Momot, S. Henry,he roazaes.F.Cowte,and P.Reid. C The rel!"m^g Rn•ro,itim was adoptre.and orM¢bd: A RESr)LLJT!CN OF THE CITY COUNCIL OF THE CITv OF AZUSA ALLOWING CERTAIN CLAIMS AND D71aa'05 AND SPECIE ING THE FUNO$OUTOFWHICH THE SAME ARE TO BE PAI!., Lett"& 0. City Treastaor's Report as of December 31.2002,was received and filed. Petition 07129703 PAGE FIVE E. SPECIAL CALL ITEM, Hrg Closed s`E'a:L C\.1.ii'CM. G. Approval wos given to authorize the Budget Amendment transforring $177,990 from the Pub Hrg Sewer Fund Ra-serves rote the FY 2002-2003 Sewer Maintenance Operational Budget to Continued to cover both"t necessary expenses rte contract street sweeping($122,990)as well as the 1123103 NPOES environmental program($55,000). (Prop School) 11211/03 PH H. Spedllcatibns for the purchase of seven trucks for the Public Works Department were deliberation approved and the City Clerk was authorized m advertise for bids. I- Authorization was given to accept Grant Award(Grant#G0$j$Z)Tram South CWstAQMV for participation In the PM Retrofit Program.AQMO will reimburse the City or Azljsa up to $36.000 for lnbtailation orparrculatomottertraps on six of 91x]Ciy's diesel powered on road Public Nula trucks. Appeal Urquiza J. The Traffic Signer Improvements Prq)ect at the imelsettlon of Gladstone and Pasadena was Continued awarded to LA Signal, Inc..in the amount of$67,496.00: approval was given to transfer To 213,103 $39,73B,76 fic=m the protect budget to the Traffic Signal Maintenance Account(10-55.651- 0000-6493,Outside Services. K. SPECIAL CALL ITEM, Item of sub. Sequent Need L. Authorizatlor •root given to amu d the Budget request to fund the!ump sum option for VLF Funding health insurance during retirement for Dottie Wallace. M. A RESOLUTION OF THE CITY COUNCIL Or THE CITY OF AZUSA DECLARING PUBLIC Consent Cal. NUISANCE, j/lntiwr Weed AbMment Rewhition(Improved Parcels). VI-A-VI-N N, A RESOLUTION OF THE CIN COUNCIL OF THE CITY OF AZUSA URGING THE E.F.K - CALIrORNIA LEGISLATURE TO REJECT THE GOVERNOR'S PROPOSED SHI!r O%LOCAL Spec Call VLF RE'✓ENWe i AND TO HONOR THE 1gg$COMMITMENT TO RESTORE THE VLf. Mtn approved APE[IAt CALL I7FM Sc ' Hum Res Co incllmember Cnarran addressaC item regarding the Woman's Club Upgrades are exprnsed Aetron hems concern about receiving"only me" bid for rho project Further concerns were that"no interior decorator improvemE6 is are being contemplated'.and howtho wiringwill ba done,and supplement 10/0:.1?037 24 12132399409 LEE AND KAUFMAN PAGE 12 • rbctk Clry Enginerr Rbbastadah responded stating that four requests for proposals wan;Sant out buteive Ras 03-C1 the small Sl2e of tho jab,there was Only one bid and k was from a company that had done the original assessmalt of the building one aa:'cc?. _� - c;e COn[rac[15 far rtructural and Warrants electrical irnpraremenes co the building; there Is no Interior decorating, new heating and dr conditioning. not Stara pe, There is money for other ImprOvemontsthet will be handled at the staff revel. City Mana ger Cola also responded stating that core Items will be done,and there will be Treat Rpt lium .n+,-.a iF the money set aside will be enough for o? • 9 her imprtrvemenfs, �'1d12� W Cuunciripmder StanFa-d, Soeended by Counclimember Roche and carried that the Spec Call Can"'iNns ScMr.O.Aeemenl fcrthe Woman's Club Upgrades beapprovedwitn Jamkaf Engineering Inc„In me amount o f 326,000.00. Councllmesnber Chagnon d6menting, Spec Can Councilmember Ctlagnon adtlressed Item regarding the San Gabriel Canyon Road Beautificarion- PrOject Contract P,vmrds and Program Supplement No. M003, a:d es.;n :;qac ai0ts. :u the Ekidg'.t Tnsfr con=tis;'an arth=^^„Otca:ay�indrnemto be located in the north intereecUon oFYvusa Avenue and Sewer Fund Sierra Madre,eltinguCncern with funds in the Ganeral Fund and the emountormonce,spent on the Resmm southerly,monurrI Mayor PrNTam Hardison expressed the same eonc rm with the item, Moved by Counelllromber Stanford, seconded by Councnmember Roeha and carried that the Contract for the Sim Gabriel Canyon Road Beautification project and Program Supplement be Specs Trucks awarded W PIMA Ccrooratior in:he anwunt of$1,269,450.00,and the Mayor was authorized to Pub WKS C;Iuaet with forsight Cmadnns For the ^ateway monument to he In;Sred Bathe raa; iq=rns::hanof Azo to Avarua and Sierra Morc Boulevardbe Groat South xwv-iqi iu ac arrnnnt not to atceed%0.DOD. Mayor Pre-r.,..?{ere5,m tn;::Ounal•t;_sLv� Gcvw%?.Q!!.a Crragrr-.;.;;:andry, u!!Luvt".g;;a::d..tipr;war adopted approving Program Supplement No. PM Ratmfr, M003 between Azusa and CalTfans to?r;,ncmr 3537,0^R in;tote("rain fu.;d_t_tiv:>PuJua• Program 01121/03 PAGE SIX Traffic Sip. Councllmember Stan'ord offered a Rsluutm emitted! Irrlpvmt Gladstone& A RESOWTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING PROGRAM Pasadena SUPPLEMENT AGREEMENT NUMBER 003•M TO ADMINISTERING AGENCY-STATE AGREEMENT NUMBER 07-5112 FOR SAN GABRIEL CANYON BEAUTIFICATION PROJECT FROM SIERRA MADEE Spec Call AVENUE TO US FOF!IiST SERICE TOLL PLAZA IN THE CITY OF AZUSA. Moved Counclimember Stanford Seconded by Courcumnmh.r Lump Sum by paha ta'Y:l've furthR: reed:n9 D.V allaor, trd:d-n: I!e Soh.ti�;g..„sd sac sUep;ed ay zerolOnawing vote of the Couneli. AYES: COUNCILMEMBERS: HARDISON.STANFORD,ROCHA,CHAGNOI!,hAAriZiD Res.03•C7. NOES: CnUivrl FkIMSERS; NONE rH Weed Abmt ABSENT: COUNCILMEMBERS: NONE Res,03-C4 Moved by Couneitmember StaMortl,seconded by Coundlmember Rocha and unanimously carried that the Pavement Management Plan Improvement PT*Ct be approved and awarded to Manhole Adjusting Ina,in the amount of$09,400. Further that the survey monuments we put back In place. THE CITY COUNCIL RECESSED AND REDEVELOPNKNT AGENCY CONTINUED AT 12:25 A.M. Spec Call THE CITY COUNCIL.RECONVENED AT 12:27 A,M. Chagnon THE CITY COUNCIL ITECMED AND AZUSA PACIFIC FINANCING AUTHORITY 60NVENED AT COmmehta 12:27 A.M. THE CITY COUNCIL RECONVENED AT 12:29 A.M. It was consensus of Councll that the meeting be adjourned in prayer for Vera Roche,to Thursday, Ory Engr January 23, 2003,Then to Tuesday.January 28,2003. Response TIME OF ADJOURNMENT: 1229 A.M. - WC Upgrades Jamkar CITY CLERK Engr. Chagnon Comments NEXT RESOLt1TION NO.2003-CS SG Cny Road NF'YT IlgnpunFlr�r. .:��a-��. Beautlficat;on - Prejaot Southerly Monument &Program- Supplemant Ras.03-03 Program Supploment Agmt revemont Mqmt Pian Impvmt Project appvo Convene CRA Reconvene Cwt GN,r i.APFA Reconvene Cnel Aqjoum Anil Roop in prayer vans Rocha 07727173 PACE SEVEN 10/01/2007 14:24 12132399409 LEE AND KALFMAN PAGE 14 .112dhiblt 3 10/01/2007 14: 24 12132399409 LEE AND KALFMAN PAGE 15 Filcd 10/4/o1 CERTT.FIED FOR PARTIAL PUBLICATION° IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE I • ..yyyy�,auau IAVJktIllLLG/Il, I t3uper, t,i, No. "d/426492) V, RUDY RAYMC A 1STA. Defendaru dA pel_:ca_. °PF 9-T_ fan: a iu.'•ai% c.=t::.` he Su�Pri�: <:ll'• (iilr) a,[pltt,3 —3L-aly Clark 2doc,a, Ju.igc. �i;atireujudgo of the!''Iun. Ct. for L.A. Sud.Dist., assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Cynthia-A. Thomas, ander appointra':t.hy the Court of Apreal, for D:fenaar.*. and Appellant. Bill Lockycr, Mlen.:y General,RO):,ti R. Anderson, Cbirf Assistant Attxrcy Genecal,Marc E. Tumb c,, Acting Senior?_,:.::;rant Attomey C) .c:al, Brad D. Levemon, and C:;:ey J. Robins,DcpaLy Attorneys Gc.,cra*', for Plaintif:zaid Respondent. Punmant to Calilornia kules oz Court,rules 976�b) and 9'/6.i, this opinion is certified for publicatio , wAll th a rxc,:pti.--a 4 )-,)art L,5. San i t'u,h-riding of III.B. 10/01/2007 14:24 12132393409 LEE AND KAUFMAN PAGE 1b I. INTRODUCTION Defendant,:R.udy Raymond Abasta, appeals from his conviction for attempted murder(Pen. Code,1 §§ 664, 186, subd. (a))and findings that he: personally used a dangerous weapon; personally inflicted great bodily injury; and committed the offense for the benefit af, .ai tho direction of, and in.association with, a criminal street gang. (§§ 12022, subd. (b)(1), 12022.7, subd. (a), 186.22, subd.(b)(1).) Defendant argues the trial court 'n• PT-. N'> ry is acted the jury t;ith CALJ11 Nt:.2.24 and, sentr.vrnd H,n pursuant to section 186.22, subdivision (bill). In file pnb?fished ^rrticr,„f!;i;o�,i-.io::, we '-er - Ju tin whe ,cr Proposition 21 on the iYtrra.'7. <':0'J);t.ilei.P mates the "single subject rule”of California Con stitution, ariicie u, section 8, subdivision (ci 1%e CO;i0l,dt Prrpc sr"'.o 121 d•, a not viol rte the sinble s 1tJ_,t t_1u. 11. $AC;rrr_nnrTvr„ We view the evidence in a Lgat moat fivutGb1. :C tL'u Jud.ga: �t. (Jacrist:n. c. Vrrgi,"ro (1 '';^; 443 '7.S. 307, 319;People v. Osvanad(1996) 13 Cai.4th 621, 690; Taylor v. Stainer(S"? CiT. !9)4) = 1 F.3d 50`, :'08->"),; .p t" i 1, 'C�(, h 13 t phc..'(Tit)s, an African-tuaaricae, was i6 3 ears old Hr had ;ust moved to Azusa win his Farcai,. "While Mr. Gibbs wav ,valki, e in his new neighborhood in the early afternoon, he heard a cLir stop abruptly Febiud him. Mr. Gib;,a tweed trrowta and-saw atfaTl.darrt get out of the car. Defendant walked tovrarda Mr. '01bs. Diu e o is n`ss i:i "h7:.q' up, it l l,. ;Il.,ere are y__r_.,L t' Mr.Gibbs testified, "I told him I wasn't from anywhere." Defendant the up to Mr. Gibbs. Defendant llw- FYl eo+s:a?:n a a il>)�he:ese. lei. Gi b:: i:;c�ked u1 the $ame r v v�u u.0 A Al J1 VVYU 1111. NJWVJ III LIIG UaL A. LUI1 111 JL Idfl LUWard the 131. Flip:'c,711'I 1lu;,1 E l:jntf, inf 1trio csr kJv2 away. N.V. Gibbs w/as able w,kc-L —n 10;Tis home oei.�ore collapsing. i✓1r. vi.bbs was hospitalized for throw Mays. t All further stabltory references are to the Pcnal Code T:-less othrrtsr:3e indicated. 2 The stab wound penetrated Mr. Gibbs's lung and lacerated his liver. His lung collapsed Mr. Gibbs positively identified defendant as the assailant at: a photographic lineup: a live lineup; the preliminary hearing; and at inial. On October;S, 1496, defendant and two other Hispanic individuals assaulted Santoaine Carter and Reginald Prothro, both African-Americans,with a metal pipe outside a 7-Eleven convenience store. Azusa Police Officer Andy Sutcliffe and a partner observed the beating- They stopped their police car and identified themselves. Defendant and his companions ran.. They were chased by the officers. All three assoilantst inclvdinlr dofFndant, were arrested. I':_cr+ ?zs to:tirr n) iit&Brdant;vas a;>ar..g rf^-tr ll: , . DefP2.dant's.sa*ig regularly engaged in murders, robberies,Euid caf hackings. De;'=dat.t's �T ^d had Y g:TtPL' ' ii18iLCe of.A.ft c.s^:Aroericr.c�. Dzf rrtaut had prwiously attacked AirieanAmericans. This was CUraSlstant wilh i_4 F. ada-k on J•ar. GW.,,. 1:-irt4.i:3r, crhen by the authorities after his arrest,defendant admitted he was on probaiion fb;a haie Defcm?air`te;tifs�d in h1:o�=a deYzr.,e Def=ndant denied stabbing Mr.Gibbs. Del:endan ackrr-wlcdgad iU•5 v_rc-A rrd oa lr plan.eUt:i w the 2S:.a-j.t{/t+ Mr, and Mr. Carter. Defendant had moved in wifn his AaneC, 3aphia Olr,;oc:a Lti:na in iedarch 2000. Ms. Ohncda Luna lived in Rialto. On the day of his testimony, defendant recalled befr.g at i.ome with',-Ju `"'a etho_-rn ]aa," ]coni: Sacc'nez•La-a, cn April l?, 211V. Defendant remetnbe:red having attempted to cheer her because it was thr, sar;iveisw-v of her husband's death. Defendant testified that he worked with an individual identified only as"Mr. Mario` dviug iatidszaf i g later Thai dLy. UJ fcT,Jimr wa: ,a Inei'in er of t>anv which displayed a general dislike for African-Americans in the City c;Nf zasa. "•d:.. rJ:a;tedl':,;�ra t:;ti ied tl a*.deSr2dart r=.•es perorally with bet every moraine and❑fight. .Bile u;d 7.liit IEfn:',nIlJG:3NeC1J^.L'ti T SiIIe1'C G:ftnC13*!?''3 n� of .�.ltril 1�, 2^00. Ms, nlrneda i;Ina rerne-mbered that her mother was upset around that date regarding her d•xmq.-:d %ta:r'S F;t hdo.:. Dcf-_ndant was not present when Ms, Olmeda Luna and Ms. Sanchez-Luna spolce about her father, Ms. Sanchez-Luna testified that defendant was at her home, on April 14, 7000. She was depressed that day because a song she heard 3 LL�!FJ_YAYI 1,;:2« I2132.35iii3 !a .A4-- u.9L.FMAid PAGE 18 reminded her of her deceased husband. Defendant tried to cheer her. The birthday of Ms. Sanchez-Luna's husband had been April 12. Defendant had worked earlier that day with Mario Rosas. As noted previously, defendant was convicted of attempted murder. He received a. sentence on the attempted murder charge of nine years. Additionally, he received: a 3-year term for great bodily injury pursuant to section 12022.7, subdivision(a); 10 years because the attempted murder arose out of gang activity pursuant to section 186.22, subdivision(b)(1); and an additional 1-year term for deadly weapon use pursuant to section 12022, subd::vision(a). Therefore, defendant's total terns was 23 years. IIs. DISCUSSION [Part IIIA and heading of III.H are deleted from publicW:ieu. See post at page 7 where publication is to resume.] A. CALTIC No. 2.28 Dc:eadaat arj:aes tha the:::a;.-c a i,"14):.1 par. iL,rti u�,r'zd tk,) Simi "A'J,C No.2.28. Defendant iurlher argues that he did not violate the discovery laws Leeaasc he was Ar,ini"ar= of ti r 11.'P: �9rta'.nG`:DI'!l F. S(O;„;,'_-Lu^a's• fc;Oiir..ony. As a resr;lt,he areae.s tech was no ju3tlTlcatioa for the instruct o,,. the Compulsory Process Clause of the United States Constitution. During the trial, defense counsel advised the trial court that he hadjust learned of some new evidence” While spears.ig witt,M8,Olmaa L rA in the ccurt ilu:l uy; defense counsel ]carried From Ms. Sanchez-Luna that defendant was home with her on April 14, 2000. Ms. Sanchez-Luna recalled that defendant comforted her when she heard a song on dw ra:iio lust rcmuidra t.er of i ea dacessed husbJld. ;ticr:lu;.r nd's Birt:day had been April 12. Pefensc counsel explained that because he just learned of this information, he had no opportunity to comply with sections 1.054.3 and 1054.5, V reasonable jury instruction"would be appropriate due to failure to wake timely disclosure of the intention to call Ms.Olmeda-Luna. When the jury instructions were reviewed by the trial court, defeaise counsel said giving CALJIC No. 2.28 as modified was "Bine." T:e Iwy wau ins'uvcted with a modified version of CALJIC No.2.28 as follows: "The Dr9seGtttion al+i l,.ha dLL-n_c gr a re^yrt .,.. w uloclonc w eaell 011ier before ulal the evidence which eact.intends to present at trial so as to promote the ascertainment of truth, ss.� Courtunvu and avoid any surprise during the course of the trial. [¶] Delay in the dicrinenro ore_. jene0 :ua� a...... er_:_. . , =ny a party a su.xn-14wi opportunity t0 subpoena necessst; v:ieaes Gu ': nlhir_.r r_.yide!nGP �,hi:h may av i5t t^. re17:a tl` 1:-_« s pr , _ C i1,VUV Vuayuaue party`s evidence. Disclosures of evidence are required to be made at least 30 days in advance of trial. Any new evidence discovered within 30 days of trial, must be disclosed immediately. [¶] In this case the defendant failed to timely disclose the intended testimony of Joanne :Lana-Sanchez[or] the fact that Joanne Luna-Sanchez would be called 3; a d:f.n.se •,Otness. in .addition, the defendant failed to disclose [that] Sophia Luna [would'i testify regarding her mother hearing a cont, on the radia that caused bPr mothar to bo come upset and that the defendant sought to cnmfort.h-r. Although [the] defendant's failure io timeiy disclose[was] without iawfiil tusrficatioe; the GHutt bm under the law permitted the production of this evidence during the trial. [q] The weight and significance of any delayed disclosure are matters for your consideration. However, you should consider whether the untimely disclosed evidence pertains to fact of importance[,] something trivial or subject matters already established by other credible evidence," Section 1054.3 requires the disclosure of the names and addresses of persons to the prosecution the defendant intends to call as witnesses. Section 1054.7 requires the disclosure be made at least 30 days prior to trial. A trial court may advise the jury of an 5 10/01/2057 14:24 12132399409 LEE AND KALFMAN PACE 20 untimely disclosure. (§ 1054.5, subd. (b); sce also People v. Hammond(1994) 22 Cal.AppAth 161 i; l.[>sGJ.b !,) v7C ag.-co 41 thCAltorney General that defendant accepted the modified instruction, acknowledging that the disclosure was untimely. As a .....•.... V.,4auia ,i was not the :ublcct of an appropriate objection in the trial,court. (People v. Guivan(I 9Q8) 18 C. At . 558, 570; " ple v, $odr:gu�r (1994) 8 Cai.4th 1060,1192-1193.) ;,; er:rer,defendant's failure to raim.the constitutional is?7;cs in thl:,t 3 l wait makes this issue the subject of waiver,forfeiture, and p.vccdurial fIGfal 6t. (7j"nited StRies y, 0- ia7zo(19,3) 507 L'.$. 7:1", 131; P8'oziie.v. Williams(1997) 16 Cal.4th 153, 250; People v, K-na(]oo n 1 c Ca14 269,274; r"eopie 7;l overruied on another point in People v. Hill(1998) i7 CaiAdn 800,823, lit. 1;People v. Rodrigues, supra, 8 CaWih at p: 1.116 fr 20 r-..ry !"!ou'al L fv'.-.1 Atm • nn f•!� .:.. .w, \f a; rcuple v. Saunders (1993) 5 Ca1.4th 580, 589-590;n�ople . .h;rc.Nere;s el 99T,2 Cal:ath 1148, 1174; 'eopie v. 4'alker(1;91)54 ,al.3d 1.013, 1023; People v. Ashrnus(1991) 54 Cal.3d 932, 972-973,.1&,,.. 1.i; People v. Yarbrough (1997) 57 Cal,AppAth 469, 477-478.) Notwitl,A'f;d. v :h.)se waivem. ;-,k f'L Nn ? 4.R wwc there :s^.c delay in disclosing tiratMs. Sanchez-Luna would testify,the notification was stata.toril-v untimely. F,+nh�,,ore,the cubject cf er testln7 ry Wa5 W.'u"'E.do crdaxii's pursonai knowledge. Under such circumstances, the t*fal, court appropriately gave CALlIC No.2.28. 1,x!\71 Pi\l Vf'�r. �4f1T :f TI T`_-__n �\.�.. ill si, uiccruding the jury,it did,not affect H,e verdict, Mr. (}ibbs positively identified defendant as his assailant on four senar+te axurt+ut. . Rrheu az.restzcl_ d P;r.i?::ni 1'pa to nn meT4inn efwwf - 7g..ia. �uaf�.iez-Culla and "14'.IVILUd0"on Aprll 14,2000. When interviewed after his arrest, dcfcndant admitted he was a gang member and on probation for a hate crime. At trial, dcfendan, adrni-aed ttzat he previously pied guilty to the assault of two othrr Arl:erican,nter.. Ms. '•TiziodL Lim& :a as into-•irwad by D:aectivL Debra H'eanaa following defendant's arrest. Ms.Olmeda-Luna admitted she was uncertain whether defendsnt was at h.er .home an April 14. 2000. Finally, Mc, S a ic.hez-Luna tcstif!=d that F defendant left her home on April 14, 2000, to work with "Mr. Mario'"before their discussion about hes late husband. Defendant testified to working with "Mr. Mario"after the discussion with :FIs. Sanchez-Luna. If the court did err in Giving the instruction,such was harmless under any standard of reversible error. (Chapman v. Calijcrnia(1967) 386 U.S. 18, 24;People! v. Watson (1956) 46 Ca-1.2d 818, 836.) . gl ct i (The balance of the opinion is to be published.] Defendant argues the of.t iopositiull z,,known as 'The Gang Violence and Juvenile Crime P*pi,entiem A^+ " e-4—f*el by P^'iforr;^ vc"rs n^ "^rcl- ^ '^00: viola s tl 1. le su—; t r a": art se, — ', s' u iot i). + t] California Constitution.which:provides: "An initiative measure embracing more than one subiect rear nst La ,L1aja,:6 to the cl-oturs or have any erfcct.- ]ne Calitornta Supreme Court has held: """An.initiative mea.4ute docs not violate the stngle-subject requirement if, despite varied collateral effects,all of its parts arc "reasonably germane"to each other,' and to the general purpose or object of the initiative.""' (Senate ofth.e State ofCal. v. Jones (1999)21 C�al.;th 1142; 1157; nuo+vq;;'wiaa✓r;rev. Fv!1991151 Ca1.3d492, 512, original italics: see also Raven Pe^ek^iciian(1990``2 Cal 3d '36, 346; Farb", Deukmefian (Arts!) a3 Cal.3d 1078. 1097-1098;Amador Yallay Joint Union High Sch, Dist. v. State Bd. Of Equalization (J 979) 27 Cal.3d 208, 229434.; The Califorria Supreme Cour'::s, ::mphasized tha;the;;i . le subject rult.is •r c liberally consi rued. (Brosnahar, v. Brnr,r, (1982) 32 Cal.3d 236, 241;Fair Fotitieaipractices Cam, V. Superior Court (.iy t9) 25 Cal.3d 33; 38-39.) The Brosnahor. oovrt noted that nvmerovs provisions r^ey be invited in one proposi'icn if they have cna gtrinral object indicated i:i the title. (B:os:t;tJ.± v. Brown, supra; :32 _1.3d at p.246; Fa:r.rolitical Practices; Commission v. Superior Court, supra, 25 Cal.3d at pp. 38,41.) Moreover, in Senate of the S,.aI6 of mal. c. eines, supra, 21 Cai.41n at page 101, the California Supreme Court 7 10/01/2007 14: 24 12132399409 LEE AND KALFMAN - PACE 22 explained: "`[Tlh(,.single subject provision does not require that each of the provisions of a measure effectively interlock in a functional relationship. [Citation.] It is enough that the various provisions are reasonably related to a common theme or purpose. quoting Legislature v. Eu, supra, 54 Cal.3d at p. 513.) We are required to resolve any reasonable doubts;iii the favor of the initiative power accorded to the people of our state. (Brosnahan v. Brown, supra, 32 Cal.3d at p. 241; see also San Mateo County Coastal Landowners'Assn. v. County of San Mateo(1995) 38 Cal.AppAth 523, 553.) In the ballot pamphlet, Proposition 21 was entitled"Juvenile Crime." (Ballot Pamp,Primary Elec. (March 7,2000)text of Prop. 21,p.44.) The language of the initiative itself stated its title was the "Gang Violence and Juvenile Crime Prevention Act"of 1998. (fd, a?:p, 48.) The voter pamphlet cited five areas of cancers the initiative was designed to address, All were listed on the first page of the ballot pamphlet. The first ar,>.a -noted was, "increases punishment for gang-related felonies; death per.at; :(u gang-related murder;. indeterminate life sentences for home-invasion robbery, carjacking, witness intimidatioxi.and drive-by shootings; and creates crime of reenuting for gang activities; and authorizes wiretapping for gang activities." (Id. at p,44.) Other areas included: adult trial. for juveniles 14 or older charged with murder; elimination of formal .. bation for juvenilis committing felonies; registration for gang related offenses;and. t.}_ designation of ax1ditional crimes as violent and serious felonies. (Ibld) In the portion of the ballot pamphlet entitled "Overview"prepared by the Legislative Analyst, the following appears: "This measure makes vwr-s changes to laws specifically related to the treatment of juvonile offenders. In addition, it changes laws for juveniles and adults who are gang-related offenders, and those who commit violent and serious crimes. Specifically, it: [¶] [] Requires more juvenile offenders to be tried in adult court, [q] [] Requires that certairi juvenile offenders be held in local or state correctional facilities. [C fl Changr_,s the types of probation availahle for juvenile felons. i111 Reduces confidentiality protections for juvenile offenders. [¶] Increases penalties for gang-related crimes and requires convicted gang members to register with local law enforcement 8 t 16/01/2987 14:24 12132399f--- '_FF ?ND KAUFMAN PACS 23 agencies. [¶) Increases criminal penalties for certain serious and violent offenses." (Id. at p. 45.) Additionally. in"FINDINGS AND DECLAR4.TIONS"of Proposition 21; the authors of the initiative stated that it was focused upon the problem of violent juvenile gang criminality. The initiative made specific factual findings concerning the impact and costs of violent juvenile crime.2 The initiative: criminalized for the first time 2 Section.2 of the initiate is entitled"FINDINGS AND DECLARATIONS" and states the following: "The people find and declare each of the following: [1] (a) While overall crime is declining,juvenile crime has become a larger and more ominous threat. The United States Z)apartment of Justice reported in 1996 that juvenile arrests for serious crimes grow by 46 percent from 1983 to 1992,while murders committed by juveniles more than doubled. According to the California Department of Justice, the rate at which juveniles were arrested for violent offenses rose 54 percent between 1986 and 1995, [10 (b) Criminal street gangs and gang-related violence pose a significant threat to public safety and the health of many of our communities. Criminal street gangs have become more violent, bolder: and better organized in recent years. Some gangs,like the Los Angeles-based 18th. Street Gang and the Mexican Mafia are properly analyzed as organized crime groups,rather than as mere street gangs. A 1996 series in the Los Angeles Times chrotdcled the serious negative impact the 18th Street Gang has bad on neigliborboods where it is active. [q] (c)Vigorous enforcement and the adoption of more meaningful nriminai sanctions, including the voter-approved "'Three Strikes"law, Proposition 1.84, has resulted in a substantial acrd consistent foam year decline in overall crime. Violent juve0c crime has proven most resistant to this positive trend. [¶] (d) The problem..of y7ulh and gang viotencc will, without active intervention, increase, because the juvenile papulation is projected to grow substantially by the next decade. According to the California Department of Finance, the number of juveniles in the crime- prone ages between 1 r and 17,until recently long stagnant, is cxpected to rise 36 percent between 1997 and 20017(an increase of more than one trillion juveniles). Although illegal drug use among high school sonars had declined significantly during the 1980s, it began sing in 1992. Tc.venile arrest rates for weapons-law violations increased 103 percent betweer. 198:i nind 1994, while jurenile killings with firearms quadrupled bctweer. 1984 and 1.994. Handguns were used in two-thirds of titc youth bomioides involving guns over a :i5-year span. In 1994, 82 percent ofjuvenile mutderers used guns. The number of juvert:.Ic]tamicide offendzrs in 1994 was approximately 2,800,nearly triple the number in 14°4. In addition,juveniles tend to murder strangers at dlsproporticnate.rates. A.murderer is more likely to be 17 years old than any other age, at the time Slat the offense was committed. (11 (e) In 1.995, California'o adult arrest rate was 2,245 per 100,000 adults,while the juvenile arrest rate among 10 to 17-year-olds was 2,430 per 10(:,000 juveni'es. M (f)Data regarding violent juvenile offonders must be 9 10/81.-007 14: 24 12132397409 IFE AIZ KAIFMAN PAGE 24 membership in "any c!:nninal street gang" (§ 182.5); toughened the provisions of the Street Terrorism Er,.forcement and Prevention Act (§ 186.22); amended the provisions of section 186.26 relating t_.the recruitment or solicitation of individuals who actively participate in a criminal street gang; required the iPgistration of p::rsons convicted of using viol ^_e to induce an individual tostreet a oin j gang (§ 186.30 et seq.); amended the special circumstances statute to include killings by an accused actively participating in a erimmal street gang(§ 190.2, subd. (a)(22)); substantially increased the scope of available to the adult criminal justice system if recidivism by criminals is to be addressed adequately. (q (g) :Holding juvenile proceedings in secret denies victims of crime the opportunity to attend and be heard at such proceedings, helps juvenile offenders to avoid accountability for their actions, and shields juvenile proceedings from public scrutiny and accountability. [q] (h) Gang-related crimes pose a unique threat to the public because of gang members' organization and solidarity. Gang-related felonies should result in severe penalties. Life without the possibility of parole or death should be available for murderers who kill as part of any gang-related activity. [1] (i) The rehabilitative/treatn i(:nt juveni.te court philosophy was adopted at a time wb.en most juvenile crime consisted of petty offenses. The juvenile justice system is not well- equipped to adequamly protect the public from violent and repeat serious juvenile offenders. [¶J (j)Juvenile court resources are spent disproportionately on violent offenders with little chance to be rehabilitated. If California is going to avoid the predicted wave of juvenile crime in the next decade, greater resources, attention. and accountability must be focused on less serious offenders, such as burglars, car thieves, and first time non-violent felons who have potential for rehabilitation.. This act must form part of a comprohensive juvenile justice reform package which incorporates major commitments to already commenced"at-risk"youth early intervention programs and expanded informal juvenile court alternatives for low-level offenders. These efforts, which emphasize rehabilitative protocols over incarceration,must be expanded as well under the provisions of this act,which requires first time,n.on-violent juvenile felons to appear in cows, admit guilt for their offenses, and be held accountable, but also be given. a non-custodial oppaxtunity to demonstrate through good conduct and compliance with a. court-monitored treatment and supervisior>program that thz record of the iuvenile's offense should justly ':)e expunged. (111 (k, Dramatic changes are needed in the way we treat juveni.Ic criminate.erirni.nal street gangs, and the con^identiality of the juvenile records of violent offenders if we are to avoid the predicted, unprecedented surge in juvenile and gang violence. Californians deserve to live without fear of violent crime and to enjoy safe neighborboods,parks, and schools. This act addresses each of these issues with the goal of crcacin,_ a safer California.for ourselves znd our children, in the Twenty- First Century," Ballo! :Damp.,Primary Bice. (March 7, 2000),supra,p 119.) 10 .0/01/2007 14: 24 12Y355399409 LEE ANn KALFWAN PAGE 25 liability and penalties for vauda?ism which included d:f eing properi;with grzaffiti (§ 594,subd. (b)); amended the wire=ar statLiite to perm i caveesdroppt,?g in the case of violations of the Street Terrorism Enforcement and Prerenhon,Act(§ 629.52, subd. (a)(4));clarified IN: effective date of changes in sections 667 and 1170.12(§§ 667.1, 1170.125); broadened the scope of the definition of violent felonies within the meaning of section 667.5, subdivision(c);increased the number of the serious felonies in section. 1192.7,subdivision.(c);required the prosecution of yo•iths under the general criminal law in.enumerated cn•ci•.rnstances (Welf. &Inst. Code, § 602,subd. (b)); required reporting the complete criminal history of minors to the Department of Justice(Welf. &Inst. Code, § 602.5); required minors who were 2rrested for enumerated felonies to be taken bef^re a ;nd+'pial nfficer prior to release(Welf. &Inst. Code, § 625.3);reduced the availability of informal supervision.to minors (Welf. &Inst. Code, § 654.3);modified the provisions for giving notice of a petition to a minor in juvenile court proceedings and issuance of an arrest warrant(Well; &Inst. Code, §§ 660, subd.(c); 663,subd (a)(2)); limited the authority of the coup:to exclude.membors of public from juvenile court proceedings (Welf. &Inst. Code., § 676,subds. (c),(e), (g)); narrowed the circumstances where a minor could be found fit for treatment under the juvenile court law(Wolf. &Inst. Code, § 707); reduced the barriers to finding a minor in violation of probation(Wolf. &Inst. Code, § 777);restricted the circumstances under which a minor's juvenile court record could be scaled(Welf. &Inst. Code, §§ 781,subds. (a), (d), 827.2, subd. (c), 827.5, 827.6); adopted a procedure for deferred entry judgment for minors who had not previously been declared wards of the court and were not charged with serious offenses (Welf. & Inst. Code, ,? 790 et seq.); and restricted the circumstances under which a minor who had been found unfit could be committed to the youth authority. (We-if. & lnst, Code, § 1732.6, subd. (b).) We agree with the Attorney General that the provisions of Proposition 21 were reasonably related to the purpose of the initiative to reduce juvenile and gang-related crime. (Raven v. Deukmejian, supra, 52 Cal.3d at pp. 346-349 (Proposition 115 does not violate single subject rui.e];Brosnahan v. Brown, supra, 32 CAM at pp.247-253 it 10101120V 14: 24 1,1323994E9 LEE AND KAUFMAN PACE 26 [Propcsitio:,-, 8 met the "reasonably germane" standard because is several factors share the common objecd ve of promoting the rights of actual or potential crime victims]; Fair Political Practices Commission v. Superior Court, supra, 25 Cal.3d at pp. 41-43 [the possib:.ity that so—I lle voters might vote for the measure despite objections to some parts does not warrant.rejection of the reasonably germane test because such a risk is inherent in any:u,.itiative containing more than one sentence]; Yoshioka v. Superior Court(1997) 58 C .,A U;y.4th 972. 993 [proposition's primary objective to limit recovery of noneconomic dtunaLes for drivers that break the law,including those driving under the influence of alcohol, or drugs,uninsured drivers, and drivers committing or fleeing after the commission of is felony];San:-ifateo County Coastal Landowners'Assn. v. County of San Mateo, supra, 33 Cal.App.49, at p. 55 fthe st tied purposes of Measure A, the Coastal Protection I,titiative, whiTe diverse are directed at the single general purpose cf protecting coastal nnourcesl.j De cndant's single subject rule challenge to Proposition 21 is a,i lhout me.it. IV, DISPOSITION The iudgmar: ,:s affirmed. CERTIFIED FOR PARTIAL PUBLICATION, TURNER,p.J, We concur: ARMSTRONG,J. WILLHITE, 7' Judge of the Los Angeles County Superior Court, assigned by Ube Chief Justice pursuant to article VI„ section 6 of tho California Constitution. 12 fJ � 4 k+ PUBLIC HEARING TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL n „ FROM: BRUCE COLEMAN, DIRECTOR OF ECONOMIC AND COMMUNITY (�( � DEVELOPMENT VIA: F.M. DELACH, CITY MANAGER DATE: OCTOBER 1 , 2007 SUBJECT: AN APPEAL OF THE POLICE DEPARTMENT DECISION TO DENY A REQUEST FOR A CAFE. ENTERTAINMENT PERMIT, CE-2007-03 LOCATION: 975 W. FOOTHILL BOULEVARD, AZUSA APPELLANT: DAVID MARTINEZ, AJDM CORPORATION (THE "D" CLUB) RECOMMENDATION: Staff recommends that the City Council uphold the Police Department's decision and adopt a resolution denying Cafe Entertainment Permit No. CE 2007-03. BACKGROUND: The appeal request concerns the Police Department's decision to deny a request for a Cafe Entertainment Permit to allow live and DJ entertainment, Wednesday through Sunday, from 7 p.m. to 2 a.m. at the "D" club, located at 975 W. Foothill Boulevard in the DWL (West End Light Industrial District) zone. The appellant is David Martinez, AJDM Corporation. The subject property is located at the northeast corner of Foothill Boulevard and Miller Avenue. The properties to the north are industrial properties, one of which is vacant. The property to the east is a vacant lot with an auto body shop on the other side of the vacant lot. The properties to the south, across Foothill Boulevard, are various manufacturing and service businesses. The property to the west is developed with various small businesses, such as a stained glass manufacturing shop, a furniture refinisher, a flower shop and a flag shop. P:\I Planning\Entitlements\l 7-Cafe Entertainment Permlts\CE-2007-03 975 W.Foothill Blvd%CC denial\.StaffReport dr2.doc Appeal of CE.2007-03 October 1, 2007 ' Page 2 of 4 The property was originally developed as a 7,350 square foot restaurant in 1966. City Business License records show that the use of the building has been consistently classified primarily as a restaurant use, with a bar use and entertainment use-as accessory uses. On August 31 , 2006, the owner of the "D" Club, David Martinez, applied for a Conditional Use Permit (CUP) to allow a club use with live entertainment at the existing restaurant at 975 W. Foothill Boulevard. Subsequently, the Planning Commission held a public hearing on December 13, 2006 and at that time, continued the review of the proposed CUP. On January 5, 2007, the City Attorney determined that the proper process to allow live entertainment as an ancillary use to the legal restaurant use would be to apply for a Cafe Entertainment Permit and Dance Permit through the Police Department (see attached 1/5/07 letter). On January 9, 2007 the applicant requested that the CUP application be withdrawn (see attached 1/9/07 letter). On April 18, 2007, Mr. Martinez filed an application for a Cafe Entertainment Permit to allow live and DJ (disc jockey) entertainment in conjunction With the existing full- service restaurant. Per Division 5. Cafe Entertainment, Section 18-169 of the City of Azusa Municipal Code, the Chief of Police shall conduct an investigation concerning the application for a Cafe Entertainment Permit and the business proposed to be conducted, to determine whether the applicant is of good moral character and proposes to engage in an enterprise in a manner which shall not be detrimental to the public peace, health, safety, morals or welfare of the City or its inhabitants, whether because of the character of the applicant, the nature of the business or the manner in which the business is proposed to be conducted. On July 3, 2007, the Police Department denied the application for a Cafe Entertainment Permit for 975 W. Foothill Boulevard based on a review of Police Department activity reports and other investigations of the subject property (see attached 7/3/07 memo) If, after an investigation, the Chief of Police denies a Cafe Entertainment Permit, the applicant may appeal to the City Council. On July 12, 2007, Mr. Martinez filed an appeal to the City Council of the Police Chief's decision (see attached appeal form). DISCUSSION The basis of the Mr. Martinez's appeal is that he believes that the Police Department . violated the First Amendment right of freedom of speech by denying the Cafe Entertainment Permit based on the fact that the "D" Club "holds gay events." The appellant also alleges that there was an unauthorized and illegal meeting of the City Council discussing the "D" Club in violation of the Brown Act, and that the denial of the permit violates the Fourteenth Amendment by depriving the "D" Club of the remaining three years on its lease and thus constitutes an unlawful taking. Appeal of CE 2007-03 October I, 2007 Page 3 of 4 However, as the 7/3/07 City memorandum from Chief of Police Robert Garcia to City Manager Fran Delach states, the permit denial is based on a review of multiple police activity reports (see attached Police Department report) determining that "the "D" Club is detrimental to the public peace, health, safety, morals and welfare of the City and its inhabitants." The City of Azusa has 112 Police Reporting Districts (R.D.'s), with an average of 15 "Part 1 " crimes per Reporting District. The "D" Club is located in Reporting District #415. There were 26 "Part I " crimes in the RD #415 in 2006. During the first five months of 2007, there were already been 25 crime reports received for the RD #415, almost as many as in all of 2006. These reports include robbery, assaults, theft and grand theft auto. In addition, because of the continued increase in activity at the "D" Club, "calls for service" were also evaluated at that location for the first half of calendar year 2007. During that six month period, 185 calls for service were recorded. This is in comparison to the 182 calls for service that were received in the entire 2006 year. At this rate, it is estimated that the "D" Club will generate double the volume of calls for service in 2007. A further analysis of the calls-for—service shows that there has been a 506% increase in calls-for-service at the "D" Club location since 2004. In comparison, in 2006, there were 35 to 37 calls-for-service at the other three restaurant/bars in the City. On .April 26, 2007, Azusa Police Officers and Alcohol Beverage Control (ABC) investigators conducted directed enforcement in and around the "D" Club. There were numerous alcohol violations inside the club that were witnessed by the officers and investigators. The ABC investigators issued 5 citations inside the "D" Club for alcohol related violations. Police Officers issued 20 citations outside of the club for urinating in public, minors in possession of alcohol, littering, etc. At that time, a total of five people were arrested for public intoxication outside the club. The Police Sergeant who coordinated the operation stated that "Although we had a total of 18 sworn officers working the operation, the total volume of violations that were occurring outside were too many for the officers to enforce." As predicted criminal activity continues to occur in and around the "D" Club, the level of criminality is becoming more dangerous. In response to this and to the level of activity at the club, in late July, four officers were assigned to the bar on Thursday nights on an overtime basis, from 10:00 p.m. to 3:00 a.m. Based on the user fee schedule, the Police Department would typically bill approximately $2,140 per night for the extra staffing assigned to the club. At this time however, the Department does not bill/receive reimbursement. In addition, based on a complaint from an adjacent business owner, on June 11 , 2007, representatives of the Police Department canvassed 26 businesses in the vicinity of the club. Many of the owners of properties in the vicinity of the "D" Club complained about the existing activity occurring at the "D" Club (included in attached Appeal of CE.2007-03 October 1, 2007 , Page 4 of 4 Police Department report). Further investigation provided on-line video footage from CBS News, documenting a fight in the parking lot of the "D" Club. Also available on-line are YouTube and MySpace sites advertising the club through provocative photos and video (see attached DVDs). A May 17, 2007, an on-site visit by Police Officers revealed various unsafe building and operating conditions. The north-facing, illegal patio area is the designated smoking area and was also being used as a dance floor at that time. Numerous unsafe conditions were documented in that area also. Since May 17, 2007, the City of Azusa Building Division has been working with the applicant to correct unsafe building conditions. However, further inspections by the Building Division are required. Based on the investigation by the City of Azusa Police Department, the Chief of Police denied the Cafe Entertainment Permit after determining that "the "D" Club is detrimental to the public peace, health, safety, morals and welfare of the City and its inhabitants." CONCLUSION: Staff is recommending, based on the aforementioned information, that the City Council uphold the decision of the Police Department to deny Cafe Entertainment Permit CE 2007-03. - ATTACHMENTS: Draft Resolution Vicinity Map - 1/5/07 BBK letter to Applicant 1/9/07 Use Permit Withdrawal Letter Cafe Entertainment Permit Application - CE 2007-03 Denial Memo - Appeal Form - Police Report RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA UPHOLDING THE POLICE DEPARTMENT DENIAL OF A CAFE ENTERTAINMENT PERMIT FOR THE "D" CLUB, LOCATED AT 975 W. FOOTHILL BOULEVARD WHEREAS, Pursuant to Municipal Code Section 18-169- Cafe Entertainment, the City of Azusa Police Department Chief of Police may approve or deny an application for a "Cafe Entertainment" permit, based on an investigation concerning the application and the business proposed to be conducted; and WHEREAS, On July 3, 2007 the City of Azusa Police Department Chief of Police denied Cafe Entertainment Permit application No. CE-2007-03 for the"D"Club,located at 975 W.Foothill; and WHEREAS, Pursuant to Municipal Code Section 18-170-Cafe Entertainment,the applicant of the denied Cafe Entertainment Permit may appeal to the City Council within ten days of the denial. On July 12,2007,the applicant,David Martinez,(AJDM Corporation- the"D"Club),filed an appeal of the denial to the City Council; and WHEREAS, the City Council of the City of Azusa has held a public meeting on October 1, 2007, with respect to the matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1: That the City Council does hereby uphold the City of Azusa Police Department denial of the Caf6 Entertainment Permit CE-2007-03 and does also require that the applicant,David Martinez, (AJDM Corporation - the "D" Club), shall cease to offer caf6 entertainment without a valid permit. SECTION 2: The City Clerk shall certify to the adoption of this resolution. ADOPTED AND APPROVED the 151 day of October, 2007. JOSEPH ROCHA, MAYOR Resolution No. October 1, 2007 Appeal Denial of CE-2007-03 Page 2 of 2 I 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 1" day of October,2007 by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Vera Mendoza, City Clerk - APPROVED AS TO FORM: City Attorney City of Azusa 300' Radius Map v fo, -Al 11A VcImly MOD ------------ g't- W it i BEST BEST & KRIEGER 3 ATTORNEYS AT LAW INDIAN WELLS SACRAMENTO (760)568-2611 5 Park Plaza,Suite 1500 (916)325-4000 Irvine, California 92614 — LOS ANGELES (949)263-2600 SAN DIEGO (213)617-8100 (949)260-0972 Fax (619)525-1300 ONTARIO BBKlaw.conn WALNUT CREEK (909)989-8584 (925)977-3300 RIVERSIDE (951)6B6-145D Marco A.Martinez (949)263-6582 Marco.Martinez@bbklaw.com File No. 45635.00001 January 5, 2007 Via Facsimile and First Class Mail Arthur H. Barens, Esq. 10209 Santa Monica Boulevard Los Angeles, CA 90057 Re: 975 W. Foothill Boulevard, City of Azusa: D-Club Restaurant Dear Mr. Barens: Thank you for taking the time to further discuss with me your client's response to the Azusa Redevelopment Agency's "Notice of Default and Request to Cease and Desist Unauthorized Use of Leased Premises' sent to your client on November 27, 2006. That letter alleges that your client was operating a nightclub use in violation of his lease with the Agency. The letter also alleges that operation of a nightclub is in violation of the City of Azusa's Development Code and in violation of your client's Alcoholic Beverage Control Type 47 license (On-Sale General - Eating Place (Restaurant). Your December 12, 2006 letter in response advises that, as of December 18, 2006, your client has converted this use back into a restaurant serving at least two (2) meals per day, six days a week, including lunch and dinner service. Your letter also advises that your client would like to continue operating a restaurant along with a nightclub as an incidental use "as legally authorized by the ABC license...." The purpose-of this letter is to confirm my representations to you concerning the additional steps your client needs to take in order to authorize a nightclub as an incidental use to the restaurant. Existing Conditional Use Permit Application As we discussed, your client's application for a conditional use permit GRAN GMMMARTINEZ132674.1 BEST BEST & KRIEGER ATTORNEYS AT LAW Arthur H. Barens, Esq. January 5, 2007 Page 2 (Conditional Use Permit No. UP 2006-05) to convert the use into a full-fledged nightclub was considered by the Planning Commission on December 13, 2006. In an e-mail sent to City staff by your client on December 6, 2006, your client requested that the hearing be continued. As a result, the public hearing was continued to the Planning Commission meeting of January 24, 2007. I understand that your client may no longer be interested in pursuing this conditional use permit application and may be considering other alternatives we discussed on the telephone and that are presented in this letter. If that is the case, we regaest that a letter be sent to the Chairman of the Planning Commission advising that your client has withdrawn the conditional use permit application. Further, the City may be able to refund a portion of your client's application fee if the letter is received before the City advertises the public hearing as required by state law.' I understand from speaking with the Planning staff that the deadline for such advertising is January 11, 2007. Thus, we would need to receive the letter from your client on or before January 10, 2007 in order to consider any such refund. As you commented to me, you believe that you were led to understand that the City was going to merely take the conditional use permit off-calendar and that there was no need for your client to attend the Planning Commission meeting on December 13, 2006. Unfortunately, because this application was filed by your client and not the City, confirmation in writing of your client's request for withdrawal is needed in order to inform the Planning Commission and members of the public who attended the December 131' Planning Commission meeting. Operation of Restaurant I also wanted to make sure that your client understands the City's expectations concerning the operation of the restaurant and your client's Type 47 ABC license. The California Department of Alcoholic Beverage Control ("ABC") generally describes a Type 47 license as authorizing the sale of beer,• wine and distilled spirits for consumption on the licensed premises. However, an applicant must operate and maintain the licensed premises as a "bona fide eating place." As a result, an applicant must make actual and substantial meals to guests, during the normal meal hours they are open, at least five days a week. California Business & Professions Code, Section California Government Code,Sections 65905 &65091(a)require that notice of public hearings for conditional use permits be published in at least one newspaper of general circulation and mailed to surrounding property owners at least 10 days prior to such hearing. ORANG EW MARTINEZ02674.1 BEST BEST & KRIEGER ATTORNEYS AT LAW Arthur H. Barens, Esq. January 5, 2007 Page 3 23038 defines "bona fide eating place," "meals" and "guests, in part, as follows: "Bona fide public eating place" means a place which is regularly and in a bona fide manner used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the local department of health. "Meals" mean the usual assortment of foods commonly ordered at various hours of the day, the service of such food and victuals only as sandwiches or salads shall not be deemed a compliance with this requirement. "Guests" shall mean persons who, during the hours when meals are regularly served therein, come to a bona fide public eating place for the purpose of obtaining, and actually order and obtain at such time, in good faith, a meal therein....'" (Cal.Bus.&Prof.Code, §23038.) Thus, the City would expect your client to conform to the requirements contained in these definitions as well. Operation of Accessory Nightclub (Entertainment &Dancing) As your December 12, 2006 letter describes and as you confirmed to me, your client would like to operate the restaurant "along with a night club as an incidental use as legally authorized by the ABC license." As I mentioned to you, we obtained a copy of your client's Type 47 license from the Department of Alcoholic Beverage Control. I have attached a copy for your records. Condition No. 2 of that license provides that "[T]he licensee shall not offer, permit, or provide any entertainment except as permitted by a valid dance and entertainment permit issued by the City of Azusa." Thus, in order to permit entertainment and dancing as an accessory use to the restaurant, your client must submit an application for a cafe entertainment permit and a dance permit in accordance with the City's Municipal Code. As we discussed, it is not the City's intent to accept your applications for cafe entertainment and dancing, only to immediately deny them. Rather, the purpose of the permit requirement is to conform to the City's Municipal Code requirements and the requirements imposed by Condition No. 2 of your client's Type 47 license. In addition, these permit requirements allow the City to impose reasonable permit conditions on the operation of a restaurant with accessory entertainment and dancing to assure that your client's use is not operated as a nuisance. I believe we are in agreement concerning the City's ability to impose such conditions and you have already offered that your client is ORANGE%M MA RTINEZ\32674.1 t BEST BEST & KRIEGER ATTORNEYS AT LAW Arthur H. Barens, Esq. January 5, 2007 Page 4 willing to, for example, hire security guards on nights that the restaurant offers such entertainment. In anticipation of your client's application for cafe entertainment and dancing, the City is already considering other conditions that may be appropriate, including, but not limited to, the use of metal detector wands, additional security lighting, protocols for handling intoxicated persons, prohibitions on the use of glass bottles and cups. The City will be forwarding copies of the appropriate applications under separate cover. We request that the completed applications be submitted within thirty (30) days of the date of receipt of the application forms. These permits will then have to be renewed annually as part of your client's renewal of his business license. In sum, should your client wish to operate a restaurant with accessory and incidental entertainment and dancing he must: 1. Submit a letter withdrawing his conditional use permit application; 2. Submit applications for cafe entertainment and dancing permits within thirty (30) days of your receipt of such applications. Thank you again for your cooperation. Sincerely, Marco A. Martinez of BEST BEST &KRIEGER LLP City Attorney City of Azusa MXM:cjo cc: Fran Delach, City Manager Robert Person, Assistant City Manager Bruce Coleman, Director of Community Development Larry Onaga, Plwuzing Director ORANGE%M MARTM EZ\32674.1 A r--ROMSVON.L COPR=ATION LAWMx F.X .;0 E it 11 P. HAI� �t�WBWL.OING 12"'i. J January 9, 2007 'A PRe�,,Sj CCe q VIA EMAIL, FAX &WkIL Memo Martinez, Esq. (949) 260-0972 BEST., BEST & KRIEGER 5 Park Place, Suite 1500 Irvine, CA 92614 RE: D-Club restaurant jDavid Martinez) vs. City of Azusa 1175 VV, Foothill Boulevard, Azusa, California Dear Mr. Martinez: In reliance upon the contents of your letter of January 8, 2007, and your subsequent email of the same date, I am providing you ou with notice that our client, David Martinez withdraws hs Conditional Use Permit Application. This withdrawal is in reliance upon your representation that our client will now be receiving the appioation forms from an appropriate agency of the City vihich our client will of -course, immediately complete and submit; and that the City Will in fact then issue the subject permit(s). 1 note that your letter contains an inconsistency atpage 4 thereof wherein initially you state that the completed applications be submitted within"ninety(90) days of the date of receipf OF the appfication forms," vihereas on the same page thereafter you state that the applications for caff&entertainmentand dancing permitbe submitted with in "hidy(30) days of YOLJI-receipt of such appfficatfons." However, I believe the issue is academic as Mr. Martine? will complete and return the applications forthwith upon receipt. V\Ievwould assume that the City wilt proceed in a prompt and exp-dtirus manner upon TP-cc-Pt of [he completed applications so we may that promptly I tly conclude this matter. Please notify Your client to forward the appropriate applications forthwith. VVe further trust that the City, in good faith, will be reasonable in the conditions to be imposed so as to not interfere with the successful operation of our client's business. I presume'here is no iurth al, need forour-Ilient to attend the Pianning Commission hearing on January 24, 2007. If I am incorrect in 'thin-, assumption, please Immediately advise me. Both Mr, lvlarviinez and the undersigned thank you for the courtesy and :responsiveness you have extended. truly youvirp AaTlR�V'BAI`iEN S Atli B:gc ac: David R4a,'"nez Martin KPOrn-ar., Esq. LEE s KAU zMAN' LL? 4{or �G PLANNING APPLICATION y CITY OF AZUSA `o+ct ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT 213 E. Foothill Boulevard,Azusa, California 91702 Call 626-812-5299 for appointments or information GENERAL PROJECT INFORMATION Project address: _ 911 \A1 vUf L11 ( l I3�/vl7 / Assessor's Parcel Number(s): Parcel size: Legal description: Project Description: 1`- A E���£>�,f lILAek �Nft-n �M�r�f WEA- ��'iv ��i�- zA,rt Project Type(check all that apply): ❑ Design Review ❑ Minor Use Permit* ❑ Minor Variance` ❑ Use Permit* ❑ Variance` ❑ Zone Change ❑ General Plan Amendment ❑_, Specific Plan oQmeFFntr aFP T T .Yx .. ❑ Tentative Parcel Map ❑ Tentative Tract Map ❑M1?jg(npo Jse Pe[g rt*_ ® Other Cafe Entertainment ' SupplementalApplicatiooa&'f APPLICANT INFORMATION i`.i 14.tr4, 4i+i; Name: i j�i�y �9 lv(1�rh�lnl �xi Company: � b M D €•:a_,.� ; j.'+i'il, .: � J€-e'r--etrY Address: q W roDt'c� 4 gLVP i =u City: State: Zip Code: Telephone: �C�vfA Gly �l�nz M -41- 915 Fax' E-Mail: Gz,_ 915 .P)q L) 1VOYD @ A0(-(0kn OWNER INFORMATION Name: J!AAAA ioj k'a�..{a} tyanrrrt° y-j� :•�:� Company: . :.k -64514 JS�Ft iL1; E-St�lt�!`3 Address: City: State: Zi p Codip.' Tii ' hofte: ' Fax: E-Mail: Page 1 o U:\RevisedHandouts2DD5Wpplications'PLANNING_APPLICAIION_2DD5.doc Revised:March 25,2005 CITY OF AZUSA PLANNING APPLICATION PAGE 2. I CERTIFY that the foregoing statements and' f, a5 are true and correct and that any submitted material, statements or p an esigns corre to the best of my knowledge. Applicant's signature Date: OWNERS AFFIDAVIT STATE OF CALIFORNIA COUNTY OF LOS ANGELES � ME vl � �s ' ` being duly wom, depose and say that I amtwe are the owne of the property involved in this application and that the foregoing statements and answer herein contained: and the information herewith submitte all respects true and correct to the best of mylour knowledge and belie <. S- napt�!y`e of Prope Owner(s)- (Not Owner in Escrow or Lessee) Print Name Ji3 6. �rK7:<l Mairing Address G,2G -fly-s,za y Telephone FFER Subs t�,��{and swum t before me, • CYNTHIA 155 �7 """WMY olory Putt - 1550351 this� �j�'''day of � , 20 < nolvey Public-comomla in and for the Country f l Q S Los Angeres ConryState of C /t�1n t av Comm.Expires Fab 5,2009 Notary Public *t#tx*xtxxt#*kkkxt t*x*kktRkkk#RKx#x rtxt#tx*ttxtxxx*tk*#tkttt*t.i#ttt*oktt*s OFFICE USE ONLY General Plan Designation: Fees paid: Zoning Designation: Date submitted: a Case Numbers) Ci —�3 Accepted bya0eTotal: U:\RevisedHandouts2DDSlAp;>rimbomVl LANNING A,PPLICATION_2DD5.dm Revised:Mamh 25,2DD5 MEMORANDUM Date: July 3, 2007 To: F.M. Delach, City Manager From: Robert B. Garcia, Chief of Police r Subject: Cafe Entertainment Permit for the D Club, 975 W. Foothill Bl., Azusa Based on my review of the attached report from Corporal Rick Sanchez and Captain Sam Gonzalez coupled with my knowledge of the incredible amount of police activity at the referenced location and subsequent strain it places on our public safety resources, I find that the D Club is detrimental to the public peace, health, safety, morals and welfare of the City and its inhabitants. Therefore, as the Chief of Police I am denying the Cafe Entertainment permit for the referenced location as authorized in Azusa Municipal Code (AMC) Section 18-169. I understand from Captain Gonzalez that Susan Cole from the Planning Division will send a letter to the applicant regarding my decision and their right to appeal to the City Council per AMC Section 18-170. The applicant's appeal process would begin by first filing with the City Council a written notice of appeal within ten days from the date they are noticed of their permit request being denied. If you have any questions or concerns, please contact me at your earliest convenience. Respectfully, Robert B. Garcia Chief of Police cc: Sonia Carvalho, City Attorney Robert Person, Assistant City Manager Bruce Coleman, Redevelopment Director Susan Cole, Senior Planner i �,,OF%4�G ,P U � r r'?trFoaN`P AGENDA ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES VIA: F.M. DELACH, CITY MANAGER/ DATE: OCTOBER 1, 2007 SUBJECT: URGENCY ORDINANCE AMENDING DIVISION 6 OF ARTICLE VI OF CHAPTER 78 OF THE AZUSA MUNICIPAL CODE REGARDING WATER CONSERVATION. RECOMMENDATION It is recommended that the City Council waive further reading and adopt Urgency Ordinance No. 07-012, amending Division 6 of Article VI of Chapter 78 of the Azusa Municipal Code regarding water conservation subject to final review by City Attorney. BACKGROUND This past year, the San Gabriel Valley region experienced one of the worst droughts in recorded history. Combined with the lack of available water supply from the California Bay- Delta Region and low snow pack in the Eastern Sierras, water has been in short supply. The Canyon Basin Water Levels, for example, have dropped 25 feet since June 11, 2007, an average of 2.5 ft. a week and Azusa Light &Water's eight Canyon Basin water production wells have had a production decrease of 26% since June 1 1, 2007. This decrease in production represents 3,785 gallons per minute or 5.45 million gallons per day, and this reduced output has required Azusa Light &Water to begin purchasing treated and untreated water from the Metropolitan Water District (MWD). Despite water purchases we are continuing to see water levels drop, an alarming trend if the drought continues. Hence, Azusa Light &Water recommends that the City of Azusa prepare for more stringent water conservation. Water conservation is accomplished by declaring phased water shortages pursuant to City Municipal Code Section 78. These declarations then trigger mandatory conservation. In reviewing this code section, staff found that it requires some revisions and updates. And, because of the urgency of the drought situation and concern about our well water level dropping, staff recommends introduction of this Ordinance revision on urgency basis. i To summarize, the attached ordinance basically includes three phases of severity regarding mandatory water conservation measures, a section pertaining to conservation to be undertaken by builders, and enforcement provisions. The City has already declared a Phase I water shortage, and conservation activities listed in section 78-504 of attached ordinance are in effect, with a few minor exceptions represented by the underlined language which is proposed for this Urgency Ordinance. Language being added to Phase I is minor in nature and mainly intended to provide clarifications and consistency with the requirements of other phases. The Phase 11 water shortage provisions of this ordinance, or Section 78-505, require a mandatory 10°/6 reduction in water usage if a Phase li water shortage is declared and after being published in a newspaper of general circulation. Language is introduced to this section limiting watering of landscapes to two days per week by residential water customers, and three days per week for commercial customers. Residents with street address numbers ending in an even digit would be able to water landscapes on Thursdays and Sundays; residents with street address numbers ending in an odd digit would be restricted to watering landscapes on Saturdays and Wednesdays, and both between the hours 6:00 p.m. to 6:00 a.m. The Phase III water shortage provisions of this ordinance, or Section 78-506, require a mandatory 20% reduction in water usage when a Phase 111 water shortage is declared and published in a newspaper of general circulation. Language is introduced to this section limiting watering of landscapes to one day per week for residential customers and two days per week for commercial customers. Residents with a street address number ending in an even digit would be able to water landscapes on Sundays, and those with a street address number ending in an odd digit would be able to water on Saturdays. While section 78-508 permits customers to submit a request for relief from the curtailment requirements, section 78-510 currently authorizes citations in the event customers do not implement required conservation measures mandated by the phase water shortage declarations. The first notice of violation in Phase I would be a courtesy notice with no fine. Subsequent citations would include a fine. In Phases 11 or 111, all citations would include a fine. Penalties or fines for noticeable, on-site violations have been split into two tiers, one for residential customers and the other for commercial customers, and both penalty schedules are progressive for subsequent violations, up to, and including, termination of water service. If Azusa Light &Water has difficulty getting compliance from a customer through citations, and the customer has failed to reduce mandated consumption, proposed Section 78-510(b) permits the utility to impose a surcharge of up to 50% of the monthly water utility bill. This is a change from 25% previously, and as only applied to water used in excess of the limit. This increase in the surcharge is intended to be used in cases where customers are not concerned with the fine amount from a citation or may have been issued:multiple citations. City staff believes this surcharge may be necessary to gain compliance by large customers whose cooperation is very critical given the reduction in water supply. Section 78-510(c) was added to terminate water service if surcharges or other fines are not paid. Customers that face termination of service would be required to pay their entire utility bill and the fine, including reconnection charges, to restore water service. FISCAL IMPACT Promoting water conservation is costly. In August alone, Azusa Light &Water customers reduced about 10% of water consumption compared to same month last year, which resulted in a drop of 9% in revenue, due, in part, to the higher water rates in the second tier of the water schedule not being utilized as forecasted. In this situation, we not only experienced a loss of revenues, we also incurred an increase in costs due to the need to purchase water. Water purchases, for instance, in July and August, amounted about $196,000 above what we would normally pay for water if it was supplied through local districts. This amount will be offset by the Replacement Water Cost Adjustment Factor (RWCAF) since this vehicle can be used to recapture purchased water costs. However, the losses from conservation cannot be recouped without a water rate adjustment as the water rate schedule is governed by Prop 218. This is a volatile financial situation and requires month-by-month monitoring. These comments only relate to water cost dynamics; there are other costs related to the code enforcement aspects of this ordinance and declared phased water shortages that have yet to be quantified. Prepared by: Cary I(alscheuer, Assistant to the Director of Utilities UrgencyOrdina nce,d Oc ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA AMENDING DIVISION 6 OF ARTICLE VI OF CHAPTER 78 OF THE AZUSA MUNICIPAL CODE REGARDING WATER CONSERVATION. WHEREAS, the recent drought in the State of California has resulted in significantly reduced water supply to the San Gabriel Valley; and WHEREAS, the current drought has the potential to cause severe hardship to the local economy and physical wellbeing of residents within the service area of the City of Azusa's water utility; and WHEREAS, the current drought is the result of an all-time historic low in rainfall and the lack of available water supply from the Bay-Delta Region of California and low snow pack in the Eastern Sierras and has required the City to purchase water at costs significantly higher than normal; and WHEREAS, in order to meet the water needs of residents and businesses in the water utility's service territory and protect the public from potential health hazards, the City must impose more stringent water conservation by customers and recover the higher cost of purchased water; and WHEREAS, the City Council desires to adopt the provisions of the Azusa Municipal Code as amended by this Urgency Ordinance, which are intended to reduce the risk to public health; and WHEREAS, it is necessary for the amendments to the Azusa Municipal Code, as provided herein, to take effect immediately so that the City of Azusa and its water utility can impose stricter sanctions, including penalties, on water users who do not conserve water in accordance with the requirements of this ordinance; and WHEREAS, immediate amendment of the provisions pertaining to the drought, as set forth in this Urgency Ordinance, will be in the interest of the public health, safety and general welfare of the public and will help to diminish the risk of personal injury of Azusa residents in the event of a water outage; and WHEREAS, California Government Code section 36937 empowers cities to adopt, by a four-fifths vote, an urgency ordinance which is necessary for the immediate preservation of the public peace, health or safety; and WHEREAS, the City Council has determined that the adoption of this Ordinance is necessary for the immediate preservation of the public peace, health and safety to reduce the risk of personal injuries related to the lack of water supply to the region. THE CITY COUNCIL OF THE CITY OF AZUSA CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Division 6 of Article VI of Chapter 78 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: "DIVISION 6. CONSERVATION PLAN Sec. 78-501. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commercial and public agency water user includes: (1) any water user or customer conducting business, either retail, commercial, or industrial; (2) any water user that is a public or governmental entity, such the state government, school district, community college, the county, city or municipal government, and special district; and (3) any water user that owns or manages residential property for rent or lease. Excess runoff means water accumulation on streets, gutters, neighboring properties or other surfaces in an amount sufficient to cause flow. New development means any addition, extension, conversion or enlargement of an existing structure or any new construction requiring a building permit. Residential water user means water customers that pay for water service to their individual residential dwelling unit. Upper basin means the underground aquifer located in the city of Azusa north of Sierra Madre. Water user means any person, customer or property served within the incorporated boundaries of the city and the area outside the city boundary served by the city water utility. Sec. 78-502. Applicability. This division shall apply to all water users. Sec. 78-503. Water user responsibility. Water users are deemed to have under control at all times their water distribution and facilities and to know the manner and extent of their water use and excess runoff. In multiple dwellings, the owner is the water user in control of the premises and is in control and responsible for the water usage. Sec. 78-504. Phase I water shortage. (a) A phase I water shortage may be declared by the director of utilities if annual rainfall as measured in May of each year in the San Gabriel Valley is less than fifty percent (50%) of the average annual rainfall, or, if either the Upper San Gabriel Municipal Water District or the San Gabriel Valley Municipal Water District reduce replenishment water supply to the city's water utility by more than forty percent (40%). Under a declared Phase I water shortage, conservation measures listed in this section shall be implemented. No water user within the city and the service area of the city's water utility shall knowingly make, cause, use or permit the use of water for residential, commercial, industrial, agricultural or any other purpose in a manner contrary to this division or in any amount in excess of that use permitted by the conservation phases designated in this division. The conservation methods shall be as follows: (1) No water user shall cause or permit any water furnished to any property within the city and the city's water utility service area to run or to escape from any hose, pipe, valve, faucet, sprinkler or irrigation device onto any sidewalk, street or gutter or to otherwise escape from the property if such flow or runoff can reasonably be prevented. If a break or leak occurs within the consumer's plumbing or private distribution system, it shall be presumed that a period of 48 hours after the consumer discovers such a break or leak or receives notice from the light and water department of such a break or leak, whichever occurs first, is a reasonable time within which to correct such a break or leak. If such a break or leak is not corrected after 48 hours, it will be a violation of this division. (2) Commercial and noncommercial watering of grass, lawns, ground cover, open ground, shrubbery, crops, gardens and trees, including agricultural irrigation, in a manner or to an extent which allows excess runoff from the area being watered shall not be permitted. Runoff which is a natural consequence of conservative watering, either by hand or mechanical sprinkling facilities, is permitted so long as such runoff is not excess runoff as defined in section 78- 501. (3) Lawn watering, landscape irrigation and watering of public and private recreation facilities is to be done only between 6:00 p.m. and 6:00 a.m. If a hand- held hose or drip irrigation system is used, watering may be done at any time. (4) Agricultural water users and commercial nurseries shall conduct watering between 6:00 p.m. and 10:00 a.m. If a hand-held hose or drip irrigation system is used, watering may be done at any time. Watering of livestock is permitted at any time. (5) There shall be no washing down of sidewalks, walkways, driveways, parking lots and all other paved surfaces, except to alleviate immediate health, fire or sanitation hazards. (6) Food serving establishments may not serve water to their customers, except on specific request by the customer; and, may not operate a water hose without a positive shutoff nozzle. (7) It is unlawful to remove, replace, alter or damage any water meter or any components thereof, including but not limited to the meter face, its dials or other water usage indicators and any flow-restricting device installed. (8) Water from fire hydrants shall not be used for any purpose other than to fight fires or for other activities where such use is immediately necessary to maintain the health, safety and welfare of the residents of the city and customers of the city water utility. (9) Schools, golf courses, governmental agencies, city parks and cemeteries, public or private, are required to reduce the amount of water used for irrigation purposes to levels sufficient to maintain plant life or public use thereof. Excessive use of irrigation systems for long periods of time is prohibited and may be determined by the frequency and duration of irrigation activity, water saturated or overly soft turfs, lawns, and sails, or pooling of water on turfs, lawns, or soils. Water users under this section may be required to submit a copy of a water conservation plan and landscape irrigation schedules. (10) Washing of motor vehicles, trailers, boats and other types of equipment shall be done only with a hand-held bucket or a hose equipped with a positive shutoff nozzle for quick rinse, except that washing may be done with reclaimed wastewater or by a commercial car wash using recycled water. No excess runoff shall result from such activities as defined in Sec. 78-501. (11) No water shall be used to clean, fill or maintain levels in decorative fountains, ponds, lakes or other similar aesthetic structures, unless such water is part of a recycling system. (12) The filling or replenishment of swimming pools shall be permitted, but the property owner will be liable for possible surcharges in the event a phase II or phase III drought is declared and water consumption limits as set forth in sections 78-505 and 78-506 are exceeded. (13) The owner and operator of every hotel, motel, inn, guest house and short- term commercial lodging shall post a notice of water shortage and any necessary compliance measures. (b) The city shall publish the declaration of a Phase I water shortage in a local newspaper of general circulation, including the implementation date of the declaration. Sec. 78-505. Phase II water shortage. (a) A phase I I water shortage may be declared by the director of utilities if any of the conditions in section 78-504(a) for a phase I water shortage are met, and water production pumping capacity in the Upper Basin has been reduced by more than twenty percent (20%) from normal operating conditions as recorded in the Spring of 2006. Under a declared phase II water shortage the following conservation measures shall be implemented: (1) Conservation measures listed in section 78-504 shall be in effect, except that the restrictions on watering lawns, landscapes and other turf areas shall be modified to limit the watering only on Sundays and Thursdays for customers with a street address number ending in an even number (0,2,4,6 or 8), and on Saturdays and Wednesdays for customers with a street address number ending in an odd number (1,3,5,7 or 9), and only between the hours of 6:00 p.m. and 6:00 a.m. (2) Watering of lawns, landscapes, or commercial stocks by agricultural and commercial nurseries and golf courses shall be limited to Mondays, Wednesdays and Fridaysbetween the hours of 6:00 p.m. and 10 a.m., except that there shall be no restriction of watering utilizing reclaimed wastewater. (3) No water user whose water is supplied by the city shall make, cause, use or permit the use of water for any purpose in an amount in excess of 90 percent of the amount of use on the customer's premises during the corresponding billing period of the prior calendar year. Water users without prior year consumption shall reduce consumption compared to prior month. (b) The city shall publish the declaration of a Phase II water shortage in a local newspaper of general circulation, including the implementation date of the declaration. Sec. 78-506. Phase III shortages. (a) A phase III shortage may be declared by the director of utilities if any of the conditions in section 78-504(a)for a phase I water shortage are met, and water production pumping capacity in the Upper Basin has been reduced by more than twenty-five percent (25%) from normal operating conditions as recorded in the Spring of 2006. Under a declared phase III water shortage, the following conservation measures shall be implemented: (1) Conservation measures listed in section 78-504 shall be in effect, except that watering of residential lawns, landscaping and other turf areas shall be limited to Sundays for customers with a street address number ending in an even number (0,2,4,6 or 8), and on Saturdays for customers with a street address number ending in an odd number (1,3,5,7 or 9), and only between the hours of 6:00 p.m. and 6:00 a.m. (2) Watering of lawns, landscapes, or commercial stocks by agricultural , commercial nursery, golf courses, parks and other public open spaces and commercial landscaped areas shall be limited to Tuesdays and Fridays between the hours of 6:00 p.m. and 10 a.m., except that there shall be no restriction on watering utilizing reclaimed wastewater. (3) No customer whose water is supplied by the city shall make, cause, use or permit the use of water for any purpose in an amount in excess of 80 percent of the amount of use on the customer's premises during the corresponding billing period of the prior calendar year. Water users without prior year consumption shall reduce consumption compared to prior month. (b) The city shall publish the declaration of a Phase III water shortage in a local newspaper of general circulation, including the implementation date of the declaration. Sec. 78-507. New development standards. (a) A condition for approval on all new residential construction is designed to balance the water demand of new construction with the potential water savings from existing housing units. Retrofit measures are intended to save water equivalent to the amount which would otherwise be purchased by the city at greater economic and environmental costs. (b) All new developments shall receive a water allocation based on the indoor water requirements of similar uses. Additional water allocations for landscaping purposes shall be given to development that has not been landscaped. New landscaping shall comply with all applicable sections of this division. (c) New residential development shall adequately offset its water requirements, for each proposed new housing unit, by an ultra-low flow toilet of a maximum 1.6 gallons per flush, a faucet aerator of a maximum 2.2 gallons per minute, and a water-saving showerhead of a maximum 2.25 gallons per minute which meet title 24 requirements, American National Standards Institute standard Al 12.19.2 and this division, in a minimum of two existing single-family or three existing multiunit housing units or according to the following ratio table: TABLE INSET: Retrofit Requirement: Apartment Townhome/ Single-Family Condominium Home New Development: Apartment 3 3.5 2 Townhome/condominium 3.5 3 2 Single-family home 4 3.5 3 (d) Any new development for which a building permit has been obtained prior to November 1, 2007, shall be exempt from this section. (e) If the director of utilities determines that actual retrofitting of existing homes is impractical or constitutes an unusual hardship on an applicant, the director may authorize the payment to the light and water department of an in-lieu retrofit fee equivalent to the cost of retrofitting existing homes with ultra-low flow toilets and other required water saving devices. The fee shall also include the cost of staff time to administer the retrofit program. The light and water department is authorized to require retrofitting and not accept in-lieu retrofit fees, regardless of hardship, if it appears unlikely the department or its authorized plumbing contractor can complete the retrofitting in the expected households. In-lieu fees must be paid upon issuance of a building permit so that sufficient time exists for the retrofits to be made prior to occupancy of new development. (f) The light and water department will determine the number of existing homes that will offset the water use of each new residential development and verify that the required retrofits have been completed prior to issuance of a certificate of occupancy. (g) Anyone requesting a building permit for the remodeling of or addition to an existing home must replace the existing toilets with ultra-low flow toilets if the value of the renovation is equal to 25 percent of the assessed valuation of the home. (h) New construction multiplex housing must meet the requirements for new development as stated in this section. (i) Nonresidential construction projects will have the water demand evaluated during the project review stage. If the project is identified as a major water user, the water demand shall be mitigated through offsite retrofitting or some other method determined to be appropriate. (j) All new construction by governmental and nonprofit agencies shall be exempt from retrofitting. (k) Construction of new housing units that have been restricted for occupancy by low-income residents under agreement with the city or the city redevelopment agency shall be exempt from retrofitting. A low-income housing project is defined as one which either sells or rents to households whose gross annual income is less than 80 percent of the median income for the county, adjusted for household size. The low-income housing unit must be restricted to occupancy for low- income households for a minimum period of ten years. (1) Construction of new housing units that have been restricted for occupancy for. a senior citizen housing community under agreement with the city or the city redevelopment agency shall be exempt from retrofitting. A senior citizen housing community must be restricted to selling or renting to senior citizens for a minimum period of ten years. (m) With the approval of the director of utilities, developers may retrofit school, nonprofit and government buildings to meet their retrofit requirements. (n) Anyone with adjudicated water rights which are dedicated to the city may use such water to partially offset the city's need to acquire water for the new development. The formula to determine the retrofit requirements in such cases shall be as follows: For every acre-foot of water rights dedicated, developers will be allowed the equivalent of two existing single-family homes to be exempted from the retrofit requirement. For additional homes which exceed this formula, the standard retrofit formula shall be followed to determine the required number of retrofits. (o) The fee for an application for a plumbing permit shall be waived for retrofits associated with the retrofit program. (p) The city shall withhold building permits, certificates of occupancy and water connections to any developer pending compliance with this section. Sec. 78-508. Reserved. Sec. 78-509. Request for relief from compliance. (a) A water user may file a written request for relief from compliance with various requirements of this division to the director of utilities. The director of utilities may delegate his duties and responsibilities,for review of"Relief Requests" under this section as appropriate. (b) The Relief Requestmay include a request that the water user be relieved, in whole or in part, from the water use curtailment requirements included iri sections 78-504, 78-505 and 78-506. (c) The Relief Request may include various justifications for exemption, including but not limited to the following: (1) Whether any additional reduction in water consumption will result in unemployment or significant loss of income from commercial or industrial , activities; (2) Whether additional members have been added to the household; (3) Whether any additional landscaped property has been added to the property since the corresponding billing period of the prior calendar year; (4) Changes in vacancy factors in multifamily housing; (5) Increased numbers of employees in commercial, industrial and governmental offices; (6) Increased production requiring increased process water; (7) Water uses during new construction; (8) Adjustments to water use caused by emergency health or safety hazards; (9) First filling of a permit-constructed swimming pool; and (10) Water use necessary for reasons related to family illness or health. (d) In order to be considered, a water user must submit a written request for relief including the justification for such relief to the director of utilities within 20 days from the date of the publicized drought phase notice. No relief shall be granted unless the water user shows that the maximum practical reduction in water consumption has been achieved by the water user. No relief shall be granted to any water user who, when requested by the director of utilities, fails to provide any information necessary for resolution of the water user's Relief Request. The decision to issue relief or exemption from certain rules or requirements shall be issued within 15 days and provided in writing to the water user. (e) The decision maybe appealed asset out in section 78-511(c). Sec. 78-510. Notices, citations, penalties, surcharges, and service termination. (a) Any employee of the city's water utility, police department, or code enforcement office, or other city employees as designated by the city council, city manager or director of utilities, may issue citations for violations of this division. Water users as defined in section 78-501 shall be presumed to be the violator. The city will impose the following penalties on violators of this division: (1) If the director of utilities has declared a Phase I water shortfall pursuant to section 78-504, first-time violators , shall be provided with a courtesy notice of the violation. Upon second and subsequent violations, the violator shall receive a citation and fine pursuant to section 78-510(a)(2). (2) If the director of utilities has declared a Phase II or Phase III water shortfall pursuant to sections 78-505(a) or 78-506(a), respectively, violators shall receive a citation and fine as specified below on a form that describes the nature of the violation, the municipal code section violated, the date on which it occurred and the corrective measures to be taken: a. Residential Water Users i. For the first violation, $50.00. ii. For the second violation, $100.00. A second violation is an infraction. iii. For the third violation, $200.00, along with the installation of a flow restrictor at the customer's expense. A third violation constitutes a misdemeanor. iv. For a fourth violation, $200, plus termination of water service. The water user shall also pay all utility service fees and reconnection charges in effect at the time of service termination in order to restore water service. b. Commercial and Public Agency Water Users i. For the first violation, $100.00. ii. For the second violation, $300.00. A second violation is an infraction. iii. For the third violation, $600.00, along with the installation of a flow restrictor at the customer's expense. A third violation constitutes a misdemeanor. iv. For a fourth violation, $600, plus termination of water service. The water user shall also pay all outstanding utility service fees and reconnection charges in effect at the time of service termination in order to restore water service. (b) For each violation by any water user of the water use curtailment provisions of sections 78-505(a)(3) and 78-506(a)(3), a surcharge may be imposed in an amount up to 50 percent of the total monthly water bill on which consumption is reported to exceed the respective percentages set forth in those two subsections. The director of utilities is authorized to determine the appropriate percentage of the surcharge up to 50 percent of the total monthly water billing amount based on the water user's cooperation to curtail water use as may be determined by the number of citations a particular water user has been issued or the water user's failure to implement measures that may have been identified through the Relief Request process. This-surcharge shall be paid to the city and shall be deposited in the water revenue fund, to be used to defray purchased water costs or to fund programs to conserve water.. (c) Failure to pay any of the penalties or surcharges imposed through this division may subject the water user or customer to termination of water service. If water service is terminated pursuant to this division, the department of utilities will not restore water service until the director of utilities has determined that the customer has provided reasonable assurances that future violations of this division will not occur and that any unpaid penalties resulting from citations and any outstanding utility billing amounts and fines have been paid in full. (d) This section shall be considered part of the rules and regulations for water service for areas served by the city outside the city limits, and any failure to comply may be dealt with pursuant to those rules and regulations. Sec. 78-511. Hearing regarding violations. (a) Any water user receiving notice of a second or subsequent violation of this division shall have a right to a hearing by the director of utilities. (b) The water user's written request for a hearing must be received within ten days of the issuance of the notice of violation. This request shall stay installation of a flow-restricting device on the water user's premises and the imposition of any surcharge until the director of utilities renders his decision. Director's decision shall be issued within 15 days after the hearing, and a copy shall be provided to the water user. (c) The decision of the director of utilities may be appealed to the city manager by the water user filing with the city manager a written request for appeal within 15 days of receipt of the decision. Filing of such.a request stays implementation of any surcharge or installation of flow restrictor. (d) The appeal hearing will be scheduled to occur within a reasonable period of time following filing of the appeal. No formal rules of evidence apply. All evidence customarily relied upon by reasonable persons in the conduct of serious business affairs will be allowed, and the water user may present any such evidence which shows the alleged wasteful water use has not occurred. The decision of the city manager will be given in writing to the water user within 15 days after the appeal hearing, and that decision shall be final. Sec. 78-512. Additional measures. The city council may order implementation of water conservation measures in addition to those set forth in sections 78-504, 78-505 and 78-506. Such additional water conservation measures shall be implemented by resolution published one time in a daily newspaper of general circulation covering the service area of the city water utility. Any prohibitions on the use of water shall become effective immediately upon such publication. The application of surcharges shall commence one month after the date the curtailment becomes effective. Sec. 78-513. Effect on public health and safety. Nothing in this division shall be construed to require the director of utilities to curtail the supply of water to any water user when such water is required by that customer to maintain an adequate level of public health and safety. The rights of the city under this division shall be in addition to any other rights of the city under any other applicable laws. Secs. 78-514--78-530. Reserved." SECTION 2: The passage of this Urgency Ordinance is necessary in order to preserve the public peace, health and safety for the reasons set forth in the Recitals above. SECTION 3: If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Urgency Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Urgency Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective. SECTION 4: This Urgency Ordinance shall take effect immediately upon its adoption. SECTION 5: This Urgency Ordinance is enacted pursuant to Government Code sections 36934 and 36937 for the immediate preservation of the public peace, health and safety. SECTION 6: The City Clerk shall certify the adoption of this Urgency Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED this 1 st day of October, 2007. Joseph Rocha Mayor Attest.- Vera ttest.Vera Mendoza City Clerk Approved as to Form: Sonia Carvalho City Attorney `J.OF YN cb4rpu��P CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING MONDAY,SEPTEMBER 17,2007-7:30 P.M. The City Council of the City of Azusa met in regular session at the above date and time in the Azusa Auditorium, located at 213 East Foothill Boulevard,Azusa, CA,91702. Mayor Rocha called the meeting to order. Call to Order Ms. Irene ViIlapania led In the salute to the Flag. Flag Salute INVOCATION was given by Pastor Logan Westbrooks of Faith Temple Church of God in Invocation Christ Mayor Rocha reminded all to keep our Soldiers In Payer. Rocha ROLL CALL Roll Call PRESENT: COUNCILMEMBERS: GONZALES,MACIAS, HANKS, ROCHA ABSENT: COUNCILMEMBERS: CARRILLO Also Present ALSO PRESENT: City Attorney Carvalho, City Manager Delach, Assistant City Manager Person, Azusa Police Chief Garcia, Director of Recreation and Family Services Jacobs, Administrative Services Director-Chief Financial Officer Kreimeier, Assistant Community Development Director Onaga, Economic Development Director Coleman, Library Director Tovar, Assistant City Librarian Shahsavari, Tierra West Consultant Jose Ometeotl and Mike Garcia, City Clerk Mendoza, Deputy City Clerk Toscano. 'PUBLIC PARTICIPATION Pub Part _ Mr. Mlles Rosedale of the Canyon City Foundation presented grants to the following: Azusa M. Rosedale City Library Director Albert Tovar, funds will go to Library on the Move Project; AUSD Cyn Fndn Grnt Superintendent Cynthia Cervantes McGuire, funds will go to the Marlachl Program; Executive WINGS, AUSD, Director Abigail Gaines Homework House, fund will go to the Parent Resource Center; and Homework Hse Ms.Amanda Feret of WINGS,Women In Need of Growing Stronger,abuse help line. Azusa Library Ms. lie Li, Bin U and Hongwei Lou addressed Council to expose genocide in China with LI R&H.. B.J Li, regard to organ harvesting, secret concentration camps and persecution of Falun Gong Lou, B. practitioners. They detailed the situation and requested Council adopt a resolution urging Falun Gong ctn the end to the persecution. Mayor Rocha asked that this issue be discussed at the Utility Board meeting being held on September 24, 2007. Practitioners Dr. Ted Scott Bledsoe, new Director of Child &Family Development Center, a part of APU, T.Biedsoe addressed Council detailing the Importance of the counseling center and about services Comments provided surrounding mental health. Mr. Mike Lee voiced his opinion on the Town Hall Meeting held by Congresswoman Hilda M. Lee Solis, at the Senior Center; on Foothill Shopping Center, proposed creation of a 911 comments Celebration, 11 Forno Restaurant,and thanked Azusa Police Officers. Mr. David B.Yoshiko Squires addressed Council requesting the public's help In Identifying the D.Squires person who killed their daughter in a hit and run accident on March 28 2004, on Azusa Comments - Avenue and 4`^ street in Azusa. He asked if anyone knows any information regarding the crime to call the local police department as no one has been arrested; he thanked all for their help. Ms. Ginny Dadaian of Azusa Pacific University introduced Jessie Tobin, Azusa Senator with G. Dadaian the Associated Student Body of APU and Phil Rezel, Associated Student Body President of Comments APU. Ms. Dadaian announced that on Monday October 8`"1 at 7:00 p.m. the new APU Marquee will be lighted and there will be a celebration. Ms. Irene C. ViIlapania, Executive Director of Azusa Chamber of Commerce, addressed I.Ullapania Council providing an update on the Chamber as follows: Membership 2007 — 49 new Exec Dir members which she named, Events, i.e.Annual Installation Dinner, Board Retreat, Upcoming Chamber of Ribbon Cutting Ceremonies at Carvel Cinnabon and Foothill Car Wash, Foothill Presbyterian Commerce Hospital Open House, New Member Reception 8-Networking breakfast, Azusa Days at the LA County Fair—Parade, and Taste of the Town In conjunction with Azusa Golden Days. She announced the new website,W W W.AZUSACHAMBER.ORG. Mr. Jorge Rosales addressed the item regarding the proposed loan to ILForno Restaurant. J. Rosales expressing his objection to procedure the City used with regard to the CDBG funded Comments program. He provided a chronological order of the CDBG funding and changes In 2007, and stated that there was Incorrect information with regard to the noticing; It was not a change, but savings from previous years. He talked about the guidelines and purpose of the program and of which there has only been one application submitted for$105,000 from IL Forno to buy a liquor license for the business: he also talked about his experience trying to obtain . forms for the program. Mr. Art Morales addressed Council expressing his opposition to a liquor license for the IL A.Morales Forno Restaurant on Azusa Avenue. He also requested a report from the Downtown Comments Business Association and thanked Library Director Tovar for the display of Hispanic Heritage Month in the City Library. Ms.Margaret Barcelo resident and member of ABC expressed concern regarding San Gabriel M. Barcelo and Sierra Madre Avenues faded white lines in the street and intersections. She expressed Comments concern especially with the upcoming time change and darkness early in the evening. Specifically the areas are eastbound on Sierra Madre Avenue and southbound on San Gabriel Avenue. She suggested and voiced support of the Police Department providing a camera due to the busy traffic in the evening, and further pointed out that a pine tree growing up out of the concrete In that same area. Mr. Art Ramirez, Chairman of Azusa Golden Days announced the upcoming Western A. Ramirez Dinner/Dance on Saturday, October 6' at the Senior Center for a cost of$15.00; music will Golden Days be provided by the Reel Cowboys; he invited all to attend, tickets can be obtained from the Senior Center, City Hall and Park and Recreation; for further Information call 812-5280. He talked about a soft ball game to be held during Golden Days between City of Azusa and stars from CSI Miami. Mayor Rocha asked Executive Director of the Chamber of Commerce Villapania If It was Rocha possible to place the Annual Report in the Library, and she responded she would check with comments her Executive Board and By Laws. He stated that he would check with DBA about their report, which the City Manager advised was not due till the end of the month and will be on file with the City. Mayor Rocha also asked that staff look Into the faded lines on Sierra Madre and San Gabriel. REPORTS,UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF RpWUpdates City Manager Delach announced that there will be a Special Meeting Immediately following City Mgr the Utility Board on September 24'regarding Affordable Housing Program. Comment Moved by Councilmember Gonzales, seconded by Councilmember Macias and Cert 8.Proc unanimously* carried that the following be approved: Request for certificate of recognition Approved to Nicholas Miguel Ortiz who has attained the rank of Eagle Scout; to be presented on October 6, 2007, request for proclamation to proclaim the month of September, 2007, as National Preparedness Month and request for certificate-of appreciation to B J Lettering B. Flag Shop for donation of Flags. 09/17/07 PAGE TWO Assistant City Librarian Shahla Shahsavari and Ms. Julianne Smith of Center for Academic Azusa Reads& Service Learning and Research at Azusa Pacific University, announced this year's federal Azusa work-study participation in the Azusa Reads and Azusa Calculates program to be held at the Calculates Azusa City Library. They talked about the success of the programs noting that there will be 17 tutors for Azusa Reads and 6 math tutors. Councilmember Macias announced that the Helping Hand fundraiser was very successful; he Macias noted that the Downtown North Advisory Committee meeting has been rescheduled to Comments October 2ntl. He noted the following accomplishments within the City, Handicapped Access to the Library and City Hall, tutoring program, the recipients of theCanyonCity Foundation grants, and the Chamber's pro-active role. He asked staff to look into the lack of the camera facing the audience. Councilmember Gonzales expressed congratulations to Councilmember Carrillo on the birth Gonzales of his daughter. He talked about the Golden Days baseball game scheduled for October 71° Comments at Gladstone Park at 6:00 p.m. and listed the cast of CSI Miami and other actors az follows: Adam Rodriguez,Valente Rodriguez, Raymond Cruz, Rex Lyn, Noel Geolennie, Emilio Rivera, Easi Morales, and the radio station 96.3 will be there. He announced that the Wine Tasting scheduled for October 3rtl has been sold out. Mayor Rocha asked that the meeting be adjourned in memory of Ethel Hirota and Alvina Rocha Jimenez; he expressed congratulation to Counciimember Carrillo; noted that the Poverty Comments Summit is scheduled for Saturday October 270 at the Senior Center; September 20`" will be Ribbon Cutting at Pioneer Park at 5:30 pm., Tree Planting will be on Saturday, September 22ntl at 8:00 a.m. on Pasadena and Gladstone Street, on Sunday 23" book signing at 2:30 p.m, at the Museum by Jeffrey Cornejo; Ribbon Cutting on September 26' at the APU Science Center 9:45 a.m. by the Marquee; next Utility Board meeting will be held at Mountain View school at 6:30 p.m. 201 N.Vernon. Assistant Community Development Director Onaga presented an update on Vulcan Mining L.Onaga Company as follows: the first City Special Use Permit occurred in 1956 which allowed the Comments mining to occur. In 1988 there was a 25 year time limit on the operation which led to 2013, Vulcan two years later in 1990 it was amended with other conditions added, but the condition was Mining modified to say that if there is substantial compliance with the conditions at the end of 2013, there would be a 25 year renewal which extend the timeframe to 2038, and at that time the operator could come back and ask for additional extensions. There was also a condition of an annual review via a public hearing in front of Planning Commission, which occurred in March of this year but Planning Commission did not act on it, but asked Staff to work with Vulcan for a much more thorough review of the Conditions of Approval. A consultant which specializes in mining operation has been hired and paid for by Vulcan Industries. The anticipated tentative date to go back to Planning Commission is November 14, 2007. He responded to questions posed by Councilmember regarding concerns by Planning i.e. boundaries of the mining operations, AQMD requirements and existing conditions of approval. Mr. Steve Ulburn of Lilburn Corporation who will be performing the review of Vulcan Mining, S. Ulburn addressed Council responding to questions of Councllmembers-regarding the need for aerial Comments photos and guidelines established by the State, State mandated forms; past reviews are made available through the City. SCHEDULED ITEMS - Sched Items Item regarding the proposed approval of a $105,000 CDBG Economic Development Loan IL Forna Loan for IL Fomo Restaurant located at 619 N. Azusa Avenue was continued to September 24, Continued 2007, following the Utility Board Meeting due to the absence of a Councilmember and the need for additional time to review the paperwork regarding the issue. The CONSENT CALENDAR consisting of Items D-1 through D-7 was approved by motion of Consent Cal Councilmember Gonzales, seconded by Mayor Pro-Tem Hanks and unanimously carried Items D-485 with the exception of Item D- 4 and D-5, which was considered under the Special Call Spec Call portion of the Agenda. 1. The minutes of the regular meeting of September 4, 2007,were approved as written. Min appvd 2. Human Resources Action Items were approved as follows: Human Merit Increase and/or regular Appointments: J.Saathoff,S. Hunt,W.Johnson, B. Parra. Resources New Appointment: M.Sencion, Customer Service Representative I. Action Items Separation: J.Anderson, Line Mechanic. 09/17/07 PAGE THREE 3. The contract for the purchase of a 2008 GMC 7500 5-Ton Dump Truck was approved Pur Dump and awarded to West Covina Motors Inc. in an amount of $73,799.33; a budget Truck& amendment in the amount of$8,849.33 Was also approved. Budget Amend 4. SPECIAL CALL ITEM. Spec Call 5. SPECIAL CALL ITEM. Spec Call 6. Approval was given for two Off-Campus Federal Work-Study Program Agreements; one Azusa Reads for AZUSA READS and another for AZUSA CALCULATES, and the City Manager was Azusa authorized to sign agreements. Calculates 7. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res.07-C79 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS Spec Call Items Councilmember Gonzales questioned who the official owners of the truck and equipment Gonzales were regarding the SUV being purchased for the Sergeant assigned to LAHIDTA. Chief of Comment Police Garcia responded stating that the truck will belong to the City and the equipment will Pur SUV Reg belong to LAHIDTA. Moved by Mayor Pro-Tem Hanks, seconded by Councllmember Task Force Gonzales and unanimously* carried to approve purchase of one used, unmarked sport utility vehicle for Sergeant assigned to Los Angeles High Intensity Drug Trafficking Area (LAHIDTA) task force, in the amount of $20,487.66 (inclusive of tax, title and license fees) from Advantage Ford located in the City of Duarte. Mayor Pro-tem Hanks thanked and congratulated Director of Recreation and Family Service Hanks Jacobs for the savings of $13,000. Moved by Mayor Pro-Tem Hanks, seconded by Comments Councilmember Gonzales and unanimously* carried to approve the purchase of(2) trucks to Pur 2 trucks augment the existing Park Division fleet In the amount of $62,672.44 (inclusive of tax, title Rec&Fam and license fees) from Reynolds Buick-Pontiac-GMC Trucks located in the City of West Svs Covina. THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 9:16 CRA convene P.M. THE CITY COUNCIL RECONVENED AT 10:00 P.M. Cncl rcnvd CLOSED SESSION Closed Sess The City Council recessed to Closed Session at 10:01 p.m. to discuss the following: CONFERENCE WITH LEGAL COUNSEL - EMSTING LITIGATION (Gov. Code Sec. Conf w/Legal 54956.9(x)) Case Name: Scott Witter v. City of Azusa Worker's Compensation Appeals Cnsl Board Case No.VN00530133 The City Council reconvened at 10:20 p.m. There was no reportable action taken in Closed Reconvened Session.. No Reports UPCOMING MEETINGS: Upcoming Meetings September 24, 2007, Utility Board Meeting-6:30 p.m. (Mountain View School) October 1, 2007,City Council Meeting-6:30 p.m. (Auditorium) October 15, 2007,City Council Meeting-6:30 p.m. (Auditorium) It was consensus of Counclimembers to adjourn in memory of Alvin Jimenez, and Ethel Adjourn in Hirota. Memory A. Jimenez& TIME OF ADJOURNMENT: 10:21 P.M. E. Hirota CITY CLERK NEXT RESOLUTION NO.2007-C80. NEXT ORDINANCE NO.2007-012. "Indicates Carrillo absent. 09/17/07 PAGE FOUR Fr _W-4 -A 117 N110Mg! - }, TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: MARCENE HAMILTON, CITY TREASURER 5' DATE: OCTOBER 1, 2007 SUBJECT: CITY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES FOR THE MONTH OF AUGUST 2007 RECOMMENDATION: It is recommended that the Council Members receive, review, and file the City Treasurer's Report for the City of Azusa for the month of August 2007. BACKGROUND: Transmitted herewith is the City Treasurer's Statement of Cash Balances for the City of Azusa for the month of AUGUST 2007. City investments are made in accordance with the City's Investment Policy adopted and approved with Resolution No. 05 — C16 dated, June 18, 2007 and Government Code Section 53600 et seq. FISCAL IMPACT: The balances of cash, investments, and projected revenues for the next six months are expected to be sufficient to meet cash disbursement requirements of the City for at least the next six months. CITY OF AZUSA TREASURER'S REPORT rreasury Checking Accounts and Certificates of Deposit 8/31/07 Held in Wells Fargo Bank 3repared by: Marcene Hamilton, Treasurer Interest or Balance Face Maturity Coupon Description Account Number or Amount Date Rate or CUSIP Market Value Checking Accounts General Checking Account 495-0041244 1,487,242.01 4.578% Overland Sweep Account DDA 495-0041244 91,858.32 Worker's Compensation Checking 0606-050318 106,886.59 Flexible Reimbursement 0606-055036 20,789.11 Payroll Checking (ZBA account) 4159-281393 0.00 Police Petty Cash Fund 060-6050334 289.12 Section 108 1.610% Choice IV-Public Fund Account 410-0162239 95,120.33 200,000 11/14/06 3.060% FHLB 3.060 11/14/06 (Matured) 3133X6PD2 0.00 ISO Collateral Account Every 30 300,000 Days 0.050% Certificate of Deposit 300-0311658 311,113.28 1,975,001 04/07/07 3.748% Certificate of Deposit 061-5202840 2,197,020.94 Covington Endowment Money Market Mutal Funds WFB 12847554 8,782.77 100,000 06/29/09 4.200% Certificate of Deposit - 25467JG21 WFB 25467JG21 100,000.00 TOTALS 4,419,102.47 CITY OF AZUSA TREASURER'S REPORT TREASURYINVESTMENTS AUGUST 31, 2007 Prepared by: Marcene Hamilton,Treasurer Coupon Maturity Settlement Market PHce Broker Face Amount Description Rate pate AccUCusip No Date Principal• (Changes Market Value" Monthly( City of Azusa Investments - AAA Rated Federal Agency Bonds Gilford 2000000.00 FHLMC 4.0500924107 4.050% 0924107 3128X36R9 07MIMS 1999375.00 99.928000 1908560.00 Higgins 2,000,000.00 FHLB 5.050 10/112007 5.050% 1011107 3133XF4M5 04/11/06 2 000 000.00 99.969000 1.9$39.30.0 Gi1foN 1000000.00 FHLMC 4.37510/18/07 4,375% 1018/07 3128X4NUI 10/1&!05 1000000.00 99.883000 M.M.UD Gilford 1000000.00 FHLB 4.9001121107 4.900% 1121107 3133XDTW1 02/02/06 990905.00 99.906000 999060.00 Higgins 2,000,000.00 FHLMC 5.050 02/22/08 5.050% 0222/08 3128X41119 0323106 1.9%,300.00 99.81ulom 1,997.610. 00 Gilford 1,000000,00 FHLMC 5.30004/11/08 5.300% 04/11/08 3128X4Z61 05102!06 99875000 99.964000 999640.00 Gifortl 2.000.000.00 FHLMC 3.625 4/17108 3.625% 04/17108 3128X04M8 04/17103 1 994 000.00 99036000 1.980.720.00 Gilford 2,000,000.00 FHLB 3.000 06/18/08 3.000% 06/18108 31n!)X A3 0&19103 2=3,125o 98.406000 1 968 120.00 WFB 2500000.00 FHLB 3.00007/14MB 3.000% 07114108 31339Y2X9 07114103 25000110.00 98.281000 245]025,00 WFB 5,000,000,00 FHLB4.0201121108 4.020% 1121!08 3133MYKVS 05421103 5000000.00 98.938000 4946900.00 WFB 2000000.00 FHLB 4.30007/14109 4.300% 07/14109 3133XCDO3 07/14!05 2000000.00 99.155000 1983120.00 Gilford 2,000000.00 FHLB 4.35009101/09 4,350% 09/01109 3133XBC26 09/0104 2000000.00 99.125000 198250000 Gilford 2000000.00 FHLB 4.20012/15/09 4.200% 12115109 3133X9N48 12/15!04 2000000.0 98.84400 1976880.0 Gilford 1000000.00 FHLMC 5.45005114/10 5.450% 05/14/10 312BX55RS 05114!07 1000000.0 100.09700 1000970.0 Higgins 2,00000000 FHLB 5.500052B/10 5.500% 0528110 3133XFPV2 05(30106 2000000.0 100.469D0 2009380.0 Gilford 2,000000.00 FHLB 5.5000625/10 5.500% 0625!10 3133XLBS1 0111107 1998040.0 100.50000 2010000.0 Wachova 200000000 FHLB 5.12501124/10 5.125% 1124110 3133XKVS1 0524/07 1995.000.0 100.21900 200438D.0 Higgins 2000000.00 FHLMC 5.250224/11 5.250% 0224111 3128X4N% 06/14/06 1982640.0 100.59000C 2011800.0 Wachova 200000000 FNMA 5.75006!09/11 5.750% 06/09/11 31359MPBO 06/09106 2000000.0 100.37500C 2007500.0 Wachowa 2000000.00 FHLB 5.25010/14/11 5.250% 10!14/11 3133XHET5 05109107 -19n'600'00 100.31300 2006260.0 Higgins 2000000.00 FHLB 5.125003130/12 5.125% 03130/12 3133XKD44 03!30107 2000000.0 100.06300C 2001260.0 Higgins 2000DD0.00 FHLB 5.2500521/12 5.250% 05/21/12 3133XKWM3 0521107 2000000.0 10DA06001 2008120. Hi ins 2000000.00 FHLB 5.2500529/12 5.250% 0529112 3133XKUL7 0822107 1999500.0 10015000C 2005000. Gilford 1,000,00000 FHLB 5.550082W12 5.550% 0826110 3133XLY64 082B/D7 1,000,460.0 100.31MOC 1,003,130.0 TOTALS 46,500,000.00 1 46,465,695.00 1 46,356,215.D0 Light&Water Rate Stablization Fund Investments - AAA Rated Federal Agency Bonds WFB 3000000,00 FHLB 3.50002/12/08 3.500% 02/12/08 3133X3ND1 02412/04 3000000.OD 99.063000 2971690.0 WF8 3000000.00 FHLB 4.00010108/08 4.000% 10/08/08 3133X1HZ3 1D108103 3000000.00 98.844000 2965320.0 WFB 3,215,000.00 FHLB 4.150 INIC0/09 4.150% 04/30/1)9 3133X6AW6 0413004 3,215,000.00 98.625000 3,170.793.7 TOTALS 9,215,000.01) 9,216,000.00 9,108003.76 LAIF LOCAL AGENCY INVESTMENT FUND 1 4 030% NIA NIA NIA 15,559,704.79 100.000000 15,559,704.79 WFB THIRD PARTY CUSTODIAL TRUST ACCT 1 4.880% NIA NIA NIA 1,811,258.42 1 100.0000110 1,611,258.42 TOTAL INVESTMENTS IN FEDERAL AGENCIES,LAIF,and WFB INSTITUTIONAL TRUST 73,051,65821 72,835,181.96 INTEREST RECEIVED FROM INVESTMENTS FISCAL YEAR-TO-DATE (From July 1,2007) 483,836.51 'The'Pr ipal'column reflects the balance on the Iasi day of the month or the-hisloncal oder spent to purcrasea security. '-The-Market Value is the currentrice at which a security can be traded or sold. Treasurer Repan A,.t 2007 91102007 650PM CITY OF AZUSA TREASURER'S REPORT OF INTEREST PAYMENTS -REASURY INVESTMENTS Thru August 31, 2007 'repared by: Marcene Hamilton, Treasurer Scheduled Scheduled Interest Face Amount Net Amount Coupon Maturity Acct/Cusip No. Payment Annual Semi-Annual Received Rate Date Schedule Interest Payment Fiscal Year to Earnings Amount Date' :ity of Azusa Investments - AAA Rated Federal Agency Bonds 2,000,000.00 2,021,200.00 4.050% 09/24/07 3128X36R9 9/24&3/24 81,000 40,500 2,000,000.00 2,000,000.00 5.050% 10/11/07 3133XF4M5 10/11 &4/11 101,000 50,500 1,000,000.00 1,000,000.00 4.375% 10/18/07 3128X4NU1 10118&4118 43,750 21,875 1,000,000.00 1,008,568.89 4.900% 11/21/07 3133XDTW1 11/21 &5121 49,000 24,500 2,000,000.00 2,004,997.22 5.050% 02/22/08 3128X4H79 8/22&2/22 101,000 50,500 50,500.00 1,000,000.00 1,001,841.67 5.300% 04/11/08 3128X4Z61 10/11 &4/11 53,000 26,500 2,000,000.00 1,994,000.00 3.625% 04/17/08 3128X04M8 10/17&4/18 72,500 36,250 2,000,000.00 2,003,125.00 3.000% 06/18/08 31339XJA3 12119&6/19 60,000 30,000 2,500,000.00 2,500,000.00 3.000% 07/14/08 31339Y2X9 7/14& 1/14 75,000 37,500 37,500.00 5,000,000.00 5,000,000.00 4.020% 11/21/08 3133MYKV8 11/21 &5/21 201,000 100,500 2,000,000.00 2,000,000.00 4.300% 07/14/09 3133XCDQ3 7/14 & 1114 86,000 43,000 43,000.00 2,000,000.00 2,000,000.00 4.350% 09/01/09 3133X8026 9/1 & 3/1 87,000 43,500 2,000,000.00 2,000,000.00 4.200% 12/15/09 3133X9N48 12115&6/15 84,000 42,000 1,000,000.00 1,000,000.00 5.450% 05/14/10 3128X55R5 11/14&5/14 54,500 27,250 2,000,000.00 2,000,000.00 5.500% 05/28/10 3133XFPV2 11/28&5/28 110,000 55,000 2,000,000.00 2,002,928.89 5.500% 06/25/10 3133XLBS1 12/25&6/25 110,000 55,000 2,000,000.00 1,995,000.00 5.125% 11/24/10 3133XKVSI 11/24&5124 102,500 51,250 2,000,000.00 2,014,723.33 5.250% 02/24/11 3128X4N56 8/24&2/24 105,000 52,500 52,500.00 2,000,000.00 2,000,000.00 5.750% 06/09/11 31359MP80 12/9&6/9 115;000 57,500 2,000,000.00 2,006,891.67 5.250% 10/14/11 3133XHET5 10114&4/14 105,000 52,500, 2,000,000.00 2,000,000.00 5.125% 03/30/12 3133XKD44 9130&3/30 102,500 51,250 2,000,000.00 2,000,000.00 5.250% 05/21/12 3133XKWM3 11121 &5/21 105,000 52,500 2,000,000.00 2,023,708.33 5.250% 05/29/12 3133XKUL7 11129&5/29 105,000 52,500 1,000,000.00 1,000,614.17 5.550% 08/28/10 3133XLY64 8/28&2128 55,500 27,750 46,500,000.00 46,577,599.17 2,164,250 1,082,125 183,500.00 .ight&Water Stablization Fund Investments-AAA Rated Federal Agency Bonds 3,000,000.00 3,000,000.00 3.500% 02/12/08 3133X3ND1 8/12&2/12 105,000.00 1 52,500.00 52,500.00 3,000,000.00 3,000,000.00 4.000% 10/08/08 3133X1 HZ3 1018&4/8 120,000.00 1 60,000.00 3,215,000.00 3,215,000.00 4.150% 04/30/09 3133X6AW6 10/30&4/30 133,422.50 66,711.25 9,215,000.00 358,422.50 52,500.00 _ocal Agency Investment Fund -Liquid Asset 15,559,704.79 1 4.030% 1 NIA N/A Quarterly Per Balance and Rate 197,659.89 Vells Fargo Bank Institutional Third Party Custodial Money Market Account-Liquid Asset 1,811,258.42 4.880% N/A N/A Quarterly Per Balance and Rate 50,176.62 TOTAL INTEREST EARNED YTD 483,836.51 'Fiscal Year: July 1 -June 30 f 4 U CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT B. GARCIA, CHIEF OF POLICE VIA: F.M. DELACH, CITY MANAGER,' " DATE: OCTOBER 1 , 2007 SUBJECT: PURCHASE OF SEVEN 2007 FORD POLICE INTERCEPTOR VEHICLES RECOMMENDATIONS It is recommended that the City Council approve the purchase of seven 2007 Ford Police Interceptor vehicles from Clippinger Ford, 137 W. San Bernardino Road, Covina, CA in an amount not to exceed $164,883.93. It is further recommended that City Council approve the purchase of these vehicles based on a competitive bid process completed by the Los Angeles County Sheriff's Department, Contract #31080234 that covered a total of 350 Ford Interceptor vehicles. BACKGROUND Each year the Police Department budgets to replace high mileage patrol vehicles. This fleet rotation involves replacing one third of the fleet to reduce the annual capital outlay for patrol vehicles while providing safe, reliable and up-to-date equipment for patrol officers and other public safety personnel. Not only do these high mileage vehicles become expensive to maintain, but compromise officer and public safety. Several police vehicles are beyond their warranties and are in need of retirement from patrol deployment. Six of these vehicles will be used as marked black and white patrol units and, one vehicle will be .an all black car used by Community Service Officers. The Police 1 Department "piggy backed" on this same Los Angeles County Purchase Order on August 21 , 2006 for the same number and type of cars at a total cost of $170,118.95. However, the Clippinger fleet representative advised Police Department staff that they had a surplus of 2007 models on their lot and were willing to sell them to law enforcement at a reduced price. The total cost for the six black and white patrol cars is $23,764.21 per unit and $22,298.67 for the all black CSO unit, for a grand total of $164,883.93 for all seven vehicles which is inclusive of tax and tire fees. This is a savings of $5,235.02 over the same purchase made last summer. The City Council approved $204,082 in the capital outlay portion of the fiscal year 2007/2008 budget for the these vehicles for a savings of over $39,000. The advantage of this particular purchase is not only the cost savings, but also the quick turn-around time to receive the cars versus a three to four month delivery time for 2008 model cars. Moreover, if we had opted to "piggyback" on the 2008 bid award, the Police Department could expect to pay about 3% more or $5,103.57 over Iz st year's purchase. FISCAL IMPACT The six marked black and white patrol cars and one CSO car are budgeted under Equipment Replacement Fund account #46-20-310-000-7135. Prepared by: Rick Sanchez, Corporal Sam Gonzalez, Captain 2 U N 40 x - CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT B. GARCIA, CHIEF OF POLICE VIA: F.M. DELACH, CITY MANAGER* DATE: OCTOBER 1, 2007 SUBJECT: PURCHASE OF SEVEN POLICE VEHICLE LIGHT BARS RECOMMENDATION It is recommended that the City Council approve the purchase of seven Code- 3, 2100 Series emergency light bars to the lowest responsible bidder, Espino's Cop Shop Inc., 9851 Eighth Street, Suite M, Rancho Cucamonga, CA 91730, in the amount of $13,976.70. BACKGROUND The Police Department will be purchasing six Ford Interceptors to use as marked black and white police cars. The Police Department is in need of new light bars to replace those we currently use in the fleet. The existing light bars are about six years old and are frequently in need of service and repair, which is becoming costly and time consuming. Since we anticipate replacing six police cars in the patrol fleet, it is necessary to have six light bars replaced and have at least one spare. The Police Department contacted three reputable companies for the purchase of the referenced light bars and received the following written quotes: 1 . Espino's Cop Shop (City of Rancho Cucamonga) $13,976.70 2. 10-8 Retrofit (City of La Verne) $14,809.24 3. AIISTAR Fire Equipment (Arcadia) $22,353.63 FISCAL IMPACT The purchase of these seven light bars will be funded from the Police Department's - Equipment Replacement Account, No. 46-20-310-000-7135. Prepared by: Sam Gonzalez, Captain Rick Sanchez, Corporal AMA ! U CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL R C FROM: JAMES MAKSHANOFF, DIRECTOR OF PUBLIC WORKS BRUCE COLEMAN, DIRECTOR OF ECONOMIC AND COMMUNITY DEVELOPMENT VIA: F.M. DELACH, CITY MANAGER BY: ROY BRUCKNOJECT MANAGER DATE: OCTOBER 1, 2007 SUBJECT: FINAL TRACT MAP NO. 63336-2, MAPLETON AT ROSEDALE RECOMMENDED ACTION It is recommended that the City Council acts and finds as follows: 1. That this project complies with the General Plan and is consistent with the approved tentative map and any amendments thereto. 2. That this project will not violate any of the provisions of Sections 66473.5, 66474.1, and 66474.6 of the Subdivision Map Act. 3. The dedications of easements for Police and Fire Department and pedestrian access purposes, public utility purposes including water, sewers and storm drains, and Lot A in fee simple for park and recreation purposes, as offered on the map, are hereby accepted. 4. The City Council approves and authorizes the City Manager to execute the attached Agreement for Completion of Public Improvements for Tract No. 63336-2 to construct the required public improvements and also accept the attached Faithful Performance Bond in the amount of $565,467.49, and the attached Labor and Materials Bond for $282,733.74 as guaranteed by Arch Insurance Company. 5. That the City Council approve and authorize the City Manager to execute the attached Agreement to construct the required landscape improvements and also accept the attached Faithful Performance Bond in the amount of $70,796 and the attached Labor and Materials Bond for $35,398 as guaranteed by Arch Insurance Company. 6. Make a finding that, pursuant to Section 66436(a)(3)(A)(i-vii) of the Subdivision Map Act, the development of the property, in the manner set forth on the subject division of land, will not unreasonably interfere with the free and complete exercise of the easements held by Monrovia Nursery Company and accepts the map without the signatures of said easement holders. 7. Approve Final Tract Map No. 63336-2, and 8. Authorize the City Clerk to endorse on the face of the maps the certificates, which embodies the approval of said maps and acceptance of dedication of easements for Police, Fire Department and Pedestrian Access Purposes, Public Utility purposes including Water, Sewers and Storm Drains, and Lot A in Fee Simple for Park and Recreation Purposes as offered on the map. Approval of Final Tract Map No. 63336-2, Rosedale 1 City Council Meeting of October 1, 2007 BACKGROUND This Final Map involves the approval of the final subdivision map designated 63336-2, located in the Village Core of the Rosedale project site, at the southeast corner of Sierra Madre Ave. and Azusa Veterans Way. This subdivision will accommodate the second phase of the detached single-family residential project known as Mapleton by Christopher Homes, which will be located around the Community Recreation Center. The developer is PLC Mapleton, LLC, a Delaware Limited Liability Company, and the Civil Engineer is Walden &.Associates. The designated City Engineer has completed final checking procedures for the final map and has found that it is in substantial conformance with the State Subdivision Map Act, City of Azusa requirements, Vesting Tentative Map 54057, Tentative Map 62150, and related conditions of approval. The Applicant has submitted the checked Final Map, the subdivision agreement, posted necessary bonds, and paid the applicable fees. Attached is an Agreement for Completion of Public Improvements for Tract No. 63336-2 to construct the required public improvements, as well as a Faithful Performance Bond in the amount of $565,467.49, and a Labor and Materials Bond in the amount of $282,733.74 as guaranteed by Arch Insurance Company. Also attached is a bond in the amount of $70,796 and a Labor and Materials Bond in the amount of $35,398 as guaranteed by Arch Insurance Company, to guarantee completion of the recreational landscaping on Lot A (a portion of the Sierra Madre Ave. trail). The improvements are expected to be completed in the near future, and will be offered to the City for acceptance as they are completed. With the technical review having been completed, and the map meeting State and City requirements,the Council's approval would be in order. FISCAL IMPACT The fiscal impact of the Rosedale project was analyzed in a Fiscal Impact Study. This approval is another step in the implementation of the Rosedale project. Approval of Final Tract Map No. 63336-2, Rosedale 2 City Council Meeting of October 1, 2007 NMR DF . 063336 "MM TRACT NO. 063336-2 SHEET I OF N UN7 N0. O6]]]fi IN THE CITY OF AZUSA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA SING m A SUBD9oN OF LOT ED OF IRA Li NO.062150. 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Box 1395, Azusa, Ca. 91702 ATTN: Vera Mendoza SPACE ABOVE THIS LINE FOR RECORDER'S USE Exempt from recording fee,per Govemment Code Section 6103 CITY OF AZUSA,CALIFORNIA By: City Clerk AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS PARCEL/TRACT NO. 63336-2 between CITY OF AZUSA a California municipal corporation and PLC MAPLETON, LLC a Delaware limited liability company ORANGE\NIXM\21759.1 AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENTS TRACT MAP NO. 63336-2 L PARTIES AND DATE. This Agreement for the Completion of Public Improvements is entered into as of this day of by and between the City of Azusa, a California municipal corporation, PLC Mapleton LLC, a Delaware limited liability company with it's principal office located at 19 Corporate Plaza Drive, Newport Beach, Ca. 92660. City and Developer are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." 11. RECITALS. A. Developer has heretofore submitted to City an application for approval of a tract map for real property located within City, a legal description of which is attached hereto as Exhibit"A" , and which is identified in City records Tract Map No. 63336-2. B. Developer's application for a tentative tract map for Tentative Tract No. 54057 was conditionally approved by the City Council on February 3, 2003. C. Developer has not completed all of the work or made all of the public improvements required by , the Subdivision Map Act (Government Code sections 66410 et SeMc.) , the conditions of approval for Tract No. 63336-2 or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision of land. D. Pursuant to Section 66-4650) and the applicable provisions of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the public improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Tract No. 63336-2. E. Developer's execution of this Agreement and the provision of the security are made in consideration of City's approval of the final map for Tract No. 63336-2. III. TERMS. 1.0 Effectiveness. This Agreement shall not be effective unless and until all three of the following conditions are satisfied: (a) Developer provides City with security of the type and in the amounts required by this Agreement; (b) Developer executes and records this Agreement in the Recorder's Office of the County of Los Angeles; (c) the City Council of the City approves the final map for Tract No.63336-2 and (d) Developer records the final map for Tract No. 63336- 2 in the Recorder's Office of the County of Los Angeles. If the above described conditions are not satisfied, this Agreement shall automatically terminate without need of further action by either City or Developer, and Developer may not thereafter record the final map for Tract No.63336-2 0RANGENXM\21759. 12 2.0 Public Improvements. Developer shall construct or have constructed at its own cost, expense, and liability all improvements required by City as part of the approval of Tract No. 63336-2, including, but not limited to, all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities as shown in detail on the plans, profiles, and specifications which have been prepared by or on behalf of Developer for Tract Map No. 63336- 2. The Public Improvements are more specifically described in Exhibit"B," which is attached hereto and incorporated herein by this reference. Construction of the Public Improvements shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. The Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water system in conflict with the construction or installation of the Public Improvements. Such replacement, relocation, or removal shall be performed to the complete satisfaction of the City Engineer and the owner of such water system. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design work, and engineering services necessary or required by City to fully and adequately complete the Public Improvements. 2.1 Prior Partial Construction of Public Improvements. Where construction of any Public Improvements has been partially completed prior to this Agreement, Developer agrees to complete such Public Improvements or assure their completion in accordance with this Agreement. 2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in full compliance with the regulations, rules, and other requirements contained in any permit or license issued to Developer. Prior to commencing any work, Developer shall file a written statement with the City Clerk and the City Engineer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made all deposits legally required by the utility for the extension and provision of utility service to the Property. 2.3 Pre-approval of Plans and Specifications. Developer is prohibited from commencing work on any Public Improvement until all plans and specifications for such Public Improvement have been submitted to and approved by the City Engineer, or his or her designee. Approval by the City Engineer shall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement. 2.4 Ouality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements. The Public Improvements shall be completed in accordance with all approved maps, plans, specifications, standard drawings, and special amendments thereto on file with City, as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards, and other requirements applicable at the time work is actually commenced. ORANGEIMXM\21759. 0 2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement. 2.6 Alterations to Improvements. The Public Improvements in Exhibit `B" are understood to be only a general designation of the work and improvements to be done, and not a binding description thereof. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer's surety for this Agreement. 3.0 Maintenance of Public hnprrovements and Landscaping. City shall not be responsible or liable for the maintenance or care of the Public Improvements until City approves and accepts them. City shall exercise no control over the Public Improvements until accepted. Any use by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City's acceptance of the Public Improvements. Developer shall maintain all the Public Improvements in a state of good repair until they are completed by Developer and approved and accepted by City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance. 4.0 Construction Schedule. Unless extended pursuant to this Section 4.1 of this Agreement, Developer shall fully and adequately complete or have completed the Public Improvements within twelve (12) months following approval of the final map for Tract No.63336-2. ORANGEIMXM\21759. 14 4.1 Extensions. City may, in its sole and absolute discretion, provide Developer with additional time within which to complete the Public Improvements. It is understood that by providing the security required under Section 13.0 et seq. of this Agreement, Developer and its surety consent in advance to any extension of time as may be given by City to Developer, and waives any and all right to notice of such extension(s). Developer's acceptance of an extension of time granted by City shall constitute a waiver by Developer and its surety of all defense of laches, estoppel, statutes of limitations, and other limitations of action in any action or proceeding filed by City following the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, City reserves the right to review the provisions of this Agreement, including, but not limited to, the construction standards, the cost estimates established by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto when warranted according to City's reasonable discretion. 4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of this Agreement or the terms thereof shall not accrue until Developer has provided the City Engineer with written notice of Developer's intent to abandon or otherwise not complete required or agreed upon Public Improvements. 5.0 Grading. Developer agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Tract No. 63336-2 shall conform to all federal, state, and local laws, ordinances, regulations, and other requirements, including City's grading regulations. In order to prevent damage to the Public Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements established by this Agreement, and prior to City's approval and acceptance of the Public Improvements and release of the Security as set forth in Section 13.0 et SeMc. of this Agreement. 6.0 Utilities. Developer shall provide utility services, including water, power, gas, and telephone service to serve each parcel, lot, or unit of land within Tract No. 63336-2 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the regulations, schedules and fees of the utilities or agencies providing such services. Except for commercial or industrial properties, Developer shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the requirements of the cable company possessing a valid franchise with City to provide such service within City's jurisdictional limits. All utilities shall be installed underground. 7.0 Fees and Charges. Developer shall, at its sole cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Tract No.63336-2. 8.0 City Inspection of Public Improvements. Developer shall, at its sole cost, expense, and liability, and at all times during construction of the Public Improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public ORANGE\MXM\21759. 15 Improvements and areas where construction of the Public Improvements is occurring or will occur. 9.0 Default: Notice; Remedies. 9.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation, code, standard, or other requirement, City may at any time thereafter declare Developer to be in default or violation of this Agreement and make written demand upon Developer or its surety, or both, to immediately remedy the default or violation ("Notice"). Developer shall substantially commence the work required to remedy the default or violation within ten(10) days of the Notice. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the Notice verbally, and Developer shall substantially commence the required work within twenty-four (24) hours thereof. Immediately upon City's issuance of the Notice, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 10.0 of this Agreement. 9.2 Failure to Remedy: City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a completion acceptable to City within the time frame contained in the Notice, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost, expense, and liability of Developer and its surety, without the necessity of giving any further notice to Developer or surety. City's right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City's demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if conditions precedent for reversion to acreage can be met and if the interests of City will not be prejudiced thereby, City may also process a reversion to acreage and thereafter recover from Developer or its surety the full cost and expense incurred. 9.3 Other Remedies. No action by City pursuant to Section 9.0 et seq. of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. City may exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent remedies. City may institute an action for damages, injunctive relief, or specific performance. 10.0 Administrative Costs. If Developer fails to construct and install all or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comply with any other obligation contained herein, Developer and its surety shall be jointly and severally liable to City for all administrative expenses, fees, and costs, including reasonable attorney's fees and costs, incurred in obtaining compliance with this Agreement or in processing any legal action or for any other remedies permitted by law. ORANGEIMXMQI759. 16 11.0 Acceptance of Improvements; As-Built or Record Drawings. If the Public Improvements are properly completed by Developer and approved by the City Engineer, and if they comply with all applicable federal, state and local laws, ordinances, regulations, codes, standards, and other requirements, the City Council shall be authorized to accept the Public Improvements. The City Council may, in its sole and absolute discretion, accept fully completed portions of the Public Improvements prior to such time as all of the Public Improvements are complete, which shall not release or modify Developer's obligation to complete the remainder of the Public Improvements within the time required by this Agreement. Upon the total or partial acceptance of the Public Improvements by City, Developer shall file with the Recorder's Office of the County of Los Angeles a notice of completion for the accepted Public Improvements in accordance with California Civil Code. section 3093, at which time the accepted Public Improvements shall become the sole and exclusive property of City without payment therefor. If Tract No. 63336-2 was approved and recorded as a single phase map, City shall not accept any one or more of the improvements until all of the Public Improvements are completed by Developer and approved by City. Issuance by City of occupaicy permits for any buildings or structures located on the Property"shall not be construed in any manner to constitute City's acceptance or approval of any Public Improvements. Notwithstanding the foregoing, City may not accept any Public Improvements unless and until Developer provides one(1) set of"as-built" or record drawings or plans to the City Engineer for all such Public Improvements. The drawings shall be certified and shall reflect the condition of the Public Improvements as constructed, with all changes incorporated therein. 12.0 Warranty and Guarantee. Developer hereby warrants and guarantees all Public Improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of all landscaping within the Property in a vigorous and thriving condition reasonably acceptable to City, for a period of one (1) year following completion of the work and acceptance by City. During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its surety. As to any Public Improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City's acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or any extension thereof. Developer's warranty obligation under this section shall survive the expiration or termination of this Agreement. 13.0 Security: Surety Bonds. Prior to execution of this Agreement, Developer shall provide City with surety bonds in the amounts and under the terms set forth below. The amount of the Security shall be based on the City Engineer's approximation of the actual cost to construct the Public Improvements, including the replacement cost for all landscaping. If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer's compliance with this ORANGE\MXMU1759. 17 construct the Public Improvements, including the replacement cost for all landscaping. If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer's compliance with this provision (Section 13.0 et s�Mc.) shall in no way limit or modify Developer's indemnification obligation provided in Section 16.0 of this Agreement. 13.1 Performance Bond. To guarantee the faithful performance of the Public Improvements and all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 9.0 et M. of this Agreement, and to secure Developer's one-year guarantee and warranty of the Public Improvements, including installation of the landscaping improvements, Developer shall provide City a faithful performance bond in the amount of Five Hundred Sixty Five, Four Hundred Sixty Seven Thousand Dollars and forty nine cents ($636,263.49), which sum shall be not less than one hundred percent (100%) of the Estimated Costs. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the security provided under this section as the Public Improvements are accepted by City, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 63336-2, and the total remaining security is not less than twenty-five percent (25%) of the Estimated Costs. All security provided under this section shall be released at the end of-the Warranty period, or any extension thereof as provided in Section 12 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 63336- 2. 13.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer shall provide City a labor and materials bond in the amount'of Two Hundred Eighty Two, Seven Hundred Thirty Three Dollars and seventy five cents ($318,131.75) which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section may be released by written authorization of the City Engineer after six (6) months from the date City accepts the final Public Improvements. The amount of such security shall be reduced by the total of all stop notice or mechanic's lien claims of which City is aware, plus an amount equal to twenty percent (20%) of such claims for reimbursement of City's anticipated administrative and legal expenses arising out of such claims. 13.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current A.M. Best's rating of no less than A:VIII, shall be licensed to do business in California, and shall be satisfactory to City. As part of the obligation secured by the Security and in addition to the face amount of the Security, the Developer or its surety shall secure the costs and reasonable expenses and fees, including reasonable attorney's fees and costs, incurred by City in enforcing the obligations of this Agreement. The Developer and its surety stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and specifications for the Public Improvements shall in any way affect its obligation on the Security. 13.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms set forth in Exhibit "C," unless other forms are deemed acceptable by the ORANGEIMXMU 1759. 18 City Engineer and the City Attorney, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be attached hereto as Exhibit "C" and incorporated herein by this reference. 14.0 Monument Security. Prior to City's execution of this Agreement, to guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot comers, and street centerline monuments for Tract No. 63336-2 in compliance with the applicable provisions of City's Municipal and/or Development Code ("Subdivision Monuments"), Developer shall deposit cash with City in the amount of Ten Thousand Dollars ($17,000.00), which sum shall not be less than one hundred percent (100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released by written authorization of the City Engineer after all required Subdivision Monuments are accepted by the City Engineer, City has received written acknowledgment of payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided Developer is not in default of any provision of this Agreement or condition of approval for Tract No. 63336-1. 15.0 Lien. To secure the timely performance of Developer's obligations under this Agreement, including those obligations for which security has been provided pursuant to Sections 13 et M. and 14 of this Agreement, Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer's default on those obligations for which security has been provided pursuant to Sections 13 et seg. and 14 of this Agreement, City shall first attempt to collect against such security prior to exercising its rights as a contract lienholder under this section. 16.0 Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, officers, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or contractors in connection with or arising out of construction or maintenance of the Public Improvements, or performance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses, and the reimbursement of City, its elected officials, officers, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any claim, demand, cause of action, liability, loss, damage, penalty, fine, or injury, to property or persons, including wrongful death, which is caused solely and exclusively by the negligence or willful misconduct of Agency as determined by a court or administrative body of competent jurisdiction. Developer's obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, officers, employees, or agents. 17.0 Insurance. 17.1 Types; Amounts. Developer shall procure and maintain, and shall require its contractors to procure and maintain, during construction of any Public Improvement pursuant ORANGEWXM\21759. 19 to this Agreement, insurance of the types and in the amounts described below ("Required Insurance"). If any of the Required Insurance contains a general aggregate limit, such insurance shall apply separately to this Agreement or be no less than two times the specified occurrence limit. 17.1.1 General Liability. Developer and its contractors shall procure and maintain occurrence version general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence for bodily injury, personal injury, and property damage. 17.1.2 Business Automobile Liability. Developer and its contractors shall procure and maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle owned, leased, hired, or borrowed by the insured or for which the insured is responsible. 17.1.3 Workers' Compensation. Developer and its contractors shall procure and maintain workers' compensation insurance with limits as required by the Labor Code of the State of California and employers' liability insurance with limits of not less than $1,000,000 per occurrence, at all times during which insured retains employees. 17.1.4 Professional Liability. For any consultant or other professional who will engineer or design the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability. 17.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such ,deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses. 17.3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, employees, agents, and volunteers as additional insureds with respect to work performed by or on behalf of Developer or its contractors, including materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers. 17.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for the Required Insurance shall provide that the insurance company waives all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy. oRANGMxM\21759. i 10 ;r. 17.5 Certificates; Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by City before work pursuant to this Agreement can begin. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 17.6 Term; Cancellation Notice. Developer and its contractors shall maintain the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or endorsement which will expire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days prior written notice to City. 17.7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII. 18.0 Signs and Advertising. Developer understands and agrees to City's ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the removal by City of all signs or other advertising structures erected, placed, or situated in violation of any City ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and its surety. Developer and its surety shall indemnify and hold City free and harmless from any claim or demand arising out of or incident to signs, advertising structures, or their removal. 19.0 . Relationship Between the Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract No. 63336-2, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer's contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City. 20.0 General Provisions. 20.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party. 20.2 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement. 20.3 Construction; References; Captions. It being agreed the Parties or their agents have participated in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days. All references to Developer include all personnel, employees, agents, and oRANGE\MXM\21759. III subcontractors of Developer, 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. 20.4 Notices. All notices, demands, invoices, and written communications shall be in writing and delivered to the following addresses or such other addresses as the Parties may designate by written notice: CITY: DEVELOPER: City of Azusa PLC Mapleton LLC, a Delaware limited 213 E. Foothill Blvd., PO Box 1395 liability company Azusa, Ca. 91702 19 Corporate Plaza Drive Attn: City Manager Newport Beach, CA 92660 Attn: Christopher C. Gibbs Depending upon the method of transmittal, notice shall be deemed received as follows: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S. Mail. 20.5 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 20.6 Waiver. City's failure to insist upon strict compliance with any provision of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any breach of this Agreement, shall not relieve Developer of any of its obligations under this Agreement, whether of the same or similar type. The foregoing shall be true whether City's actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or set off, any and all defects, irregularities or deficiencies in the authorization, execution or perfonnance of the Public Improvements or this Agreement, as well as the laws, rules, regulations, ordinances or resolutions of City with regards to the authorization, execution or performance of the Public Improvements or this Agreement. 20.7 Assignment or Transfer of Agreement. Developer shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without prior written consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. 20.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation. ORANGEN M121759.112 20.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 20.10 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. 20.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Los Angeles, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394. 20.12 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all costs and expenses incurred by the prevailing party, including actual attorneys' fees. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Costs, which shall include, without limitation, attorneys' and experts' fees, costs and expenses incurred in the following: (a) post judgment motions and appeals, (b) contempt proceedings, (c) garnishment, levy, and debtor and third party examination, (d) discovery, and (e) bankruptcy litigation. This section shall survive the termination or expiration of this Agreement. 20.13 Counterparts. This Agreement maybe executed in counterpart originals, which taken together, shall constitute one and the same instrument. ORANG E\M XM121759. 113 CITY OF AZUSA PLC MAPLETON LLC, a Delaware limited liability Company By: Name: Mayor City of Azusa By: Rockpoint/PLC Azusa, LLC, a Delaware limited liability company, it's sole member By: Name: City Manager By: PLC Azusa Land Investment, LLC, a City of Azusa Delaware limited liability company, it's manager By: Name: Dan O'Bannon Chief Financial Officer ATTEST: By. By_ — — --- �� (signature) Name: Robert J. Trapp (print name) City Clerk Title: Vice President City of Azusa NOTE: DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. O RAN G ENM XM\217 S 9. 04 ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: - Individual(s) -CorpomteC -Partner(s) _ - Attomey-in-Fact -Trustee(s) -Subscribing Witness -Guardian/Conservawr -Other SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) STATE OF CALIFORNIA } } COUNTY OF rlriay uE } J On Aa^ •,_,J� j 2009, before me, Cthe undersigned notary public, personally appeared t�<,�.2\ L`Pxs,te�c••i? � Y-�1-x�c"{ �. �4��y ( � personally known to me OR o be the person(s) whose name(s) is re subscribed to the within instrument and acknowledged to me thatexecuted the same in hei 'authorized capacity(ies), and that byhe' signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. \� ti C.NEWELL 1556715 Signature of Notary a Notary Public•CalilorMa Orange County My Comm.E>tphes Mar 4,2 ORANGE\M XM\21759. 11.5 CAPACITY CLAIMED BY SIGNER: -Individual(s) -Corporate Officer(s) -Panner(s) -Attorney-in-Fact - - -Trustee(s) -Subscribing Witness -Guardian/Consmator -Other SIGNER IS REPRESENTING: - NAME OF PERSON(S)OR ENTITY(IES) STATE OF CALIFORNIA } } COUNTY OF } On 200, before me, the undersigned notary public, personally appeared , — personally known to me OR —proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary 0RANGE\MXW21759. 116 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TRACT NO. 63336-2 The land referred to herein below is situated in the City of Azusa, County of Los Angeles, State of California, and is described as follows: Proposed Tract Map 63336-2 being a subdivision of the following: Lot 22 of Tract 062150, in the City of Azusa, County of Los Angeles, State of California, filed in Book 1311, Pages 28-50, inclusive, of maps, the office of the County Recorder of said County. APN: 8625-002-017 & 8625-002-018 ORANGESMXW21759. 117 EXHIBIT `B" LIST OF PUBLIC IMPROVEMENTS TRACT NO. 63336-2 PERFORMANCE BONDS Public Improvements-Street, Storm Drain & Sewer, Water Improvements $565,467.49 Landscape/Irrigation Improvements (LOT A-Sierra Madre Trail) $70,796.00 TOTAL $636,263.49 LABOR & MATERIAL BONDS Public Improvements-Street, Storm Drain & Sewer, Water Improvements $282,733.75 Landscape/Irrigation Improvements (LOT A-Sierra MadreTrail) $35,398.00 TOTAL $318,131.75 ORANGEIMXM\21759. 118 EXHIBIT "C" SURETY BONDS AND OTHER SECURITY TRACT NO. 63336-2 As evidence of understanding the provisions contained in this Agreement,and of the Developer's intent to comply with same,the Developer has submitted the below described security in the amounts required by this Agreement,and has affixed the appropriate signatures thereto: PERFORMANCE BOND PRINCIPAL AMOUNT(STREET IMPROVEMENTS): $565,467.49 Surety: Arch Insurance Company Attorney-in-fact: Janina Monroe Address: 19800 MacArthur Blvd. Suite#550 Irvine,Ca.92612 PERFORMANCE BOND PRINCIPAL AMOUNT(LANDSCAPE):$70,796.00 Surety: Arch Insurance Company Attorney-in-fact: Janina Monroe Address: 19800 MacArthur Blvd. Suite#550 Irvine,Ca.92612 TOTAL PERFORMANCE BOND PRINCIPAL: $636,263.49 MATERIAL.AND LABOR BOND PRINCIPAL AMOUNT(STREET IMPROVEMENTS):$282,733.75 Surety: Arch Insurance Company Attomey-in-fact: Janina Monroe Address: 19800 MacArthur Blvd. Suite#550 MATERIAL AND LABOR BOND PRINCIPAL AMOUNT(LANDSCAPE):$35,398.00 Surety: Arch Insurance Company - Attomey-in-fact: Janina Monroe Address: 19800 MacArthur Blvd. Suite#550 Irvine,Ca.92612 TOTAL MATERIAL AND LABOR BOND PRINCIPAL AMOUNT., $318,731.75 CASA MONUMENT SECURITY:$17,000.00 Amount deposited per Cash Receipt No. Daze: ORANGfi1MWU]759. 119 - BOND NO. SU5023994 INITIAL PREMIUM: $8,482.00 SUBJECT TO RENEWAL CITY OF AZUSA PARCEL/TRACT MAP NO. 63336-2 IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of Azusa, California ("City") and PLC Mapleton, LLC a Delaware limited liability company ("Principal'), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel/Tract Map No. 63336-2 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and Arch Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Missouri, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of Five Hundred Sixty Five Thousand Four Hundred Sixty Seven and 49/100 dollars ($565,467.49), said sum being not less than one hundred percent (100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide b' , and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. ORANGEWMARTINEZl33457. 1 - 20 As part of the obligation secured hereby, and in addition to the face amount specified therefore, there shall be included costs .and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499 et sec. of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attomey-in-Fact at Irvine, CA, this 7th day of September, 2007. PLC Mapleton, LLC a Delaware limited liability company Arch Insurance Company Principal / Surety By: C_ (=. By: President tomey-in-Fact �S7�F'lfv �it31 Janina Monroe (print name) (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. ORANGEWMARTIN EZV 3457. 1 21 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �Y'�' "'��_Szfy�`�rSi '��°.G'�'h1'h:�G'^✓s�^�'<_'��'-'�SrS��`��'_G�>i vh�����.;C�^Gy'•t`�'�'`r„���'�'. i h State of California 2i ss. County of (1fG\^ l On` \'1fzx2--O-1 before me, L�Z�,P ',�f �\ J \ar';ItL Date Name anE ille dO8cm(e B-'JaneD .No aryP L? personally appeared 'c�'',� Neme(s)oI Sgner(s) personally known to me A 0 proved to me on the basis of satisfactory evidence ;5 C.NEWELL to be the person(A whose nameO (safe :r,4 Gommlssbn# 1556715 subscribed to the within instrument and rj QMyComm.E)Vr9sMC94,2_ N°t°�Rrbllec til ° acknowledged to me that(& Yshekpey executed° ountY the same in (i hefAheic authorized0 capacity(ies), and that by (Dis signatures on the instrument the person(ig), or 4 Irry' the entity upon behalf of which the person(j) t' „r�S acted, executed the Instrument. II WITNESS my hand and official seal. ��� * I i"j .1:ryt7�•L-V �'r�kO\ (_ slgnalure of Nomm,Public I �I 'S l'� OPTIONAL Though the information below is not required bylaw,itmayprove yaluabfe to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 21 Description of Attached DocumentlI 'r Title or Type of Document: Document Date: Number of Pages: Ih N �? Signer(s)Other Than Named Above: r Capacity(ies) Claimed by Signer ,fiat r Signer's Name: 0 Individual Top of Ihumb here ; ( �ry O Corporate Officer—Title(s): �1 C` D Partner—0 Limited 0 General ,`. ❑ Attorney-in-Fact Ih 0 Trustee 0 Guardian or Conservator 0 Other: I Signer Is Representing: '':. ":_�;:-.' .w'<: .4� =R�. < C<l ,•"- � ;?`< � c;..:� �!:z:."`4"" ;.r� 3? 01999 Nammal Notary Assodalbr.•9350 De Soto Ave..P0,Box 2402•cmisevodh,CA 91313@402•wxw mwanalnomgorg Prod No.5M7 Rooker:Call Toll-free 1800-876-6827 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California County of Orange On ' before me, Melissa A. Covarrubi.as, Notary Public Name&M TMa d OMi=te.g.."Ja,re Doe.Notary PYGN:I I personally appeared Janina Monroe ® personally known to me– OR –❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capachy(ies),and that by his/her/their signature(s)on the instrument the person(s), MELISSA A. COVARRUBIAS or the entity upon behalf of which the person(s) acted, Ccvtxnlsslon# 1562658 executed the instrument. NotaN puW -Colitornla. _ Y Orange CouMY L WITNESS my hand and official seal. My Comm.Expires Mor 22.2009 S"IWId NWa PWA OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of Ws form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Janina Monroe Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑Corporate Officer ❑Title(s): ❑Title(s): ❑Partner—❑Limited ❑General ❑Partner—❑ Limited ❑ General ®Attorney-in-Fact ❑Attomey-in-Fact ❑Trustee ❑Trustee ❑Guardian or Conservator ❑Guardian or Conservator ❑ Other: Toa Mtmvmb Hare ❑Other: TSP of 1hiin°Na'" Signer Is Representing: Signer Is Representing: BD-11339197 BOND NO. SU5023994 INITIAL PREMIUM: Included in cost of performance SUBJECT TO RENEWAL CITY OF AZUSA PARCEL/TRACT MAP IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of Azusa, California ("City") and PLC Mapleton, LLC a Delaware limited liability company ("Principal"), have executed an agreement for work consisting of, but not limited to, the famishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains,"Sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel/Tract Map No. 63336-2 ("Public Improvements"); WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Pubic Improvements dated ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required to famish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the Same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, Principal and Arch Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Missouri, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of Two Hundred Eighty Two Thouasnd Seven Hundred Thirty Three and 74/100 DOLLARS, ($282,733.34), said sum being not less ORANGEWMARTINEM3457. 1 22 than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons.named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. : . As part of the obligation secured hereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. This bond is executed and filed to comply with Section 66499 et seq. of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Public Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Califoma Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in an� way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. ORANGFWMARTINEZ03457. l 23 IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested-by its duly authorized Attorney-in-Fact at Irvine, CA, this 7`' day of September, 2007. PLC Mapleton, LLC a Delaware limited liability company Arch Insurance Company Principal Suret By: CA ! it By: President rney-in-Fact Janina Monroe (print name) (print name) NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. ORANGEWMARTINEZ33457. 1 24 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r 2� State of California ss. . County of (":rre:ti� ,l t f 11 On` tGr,�ie' 11-1. dlc%, before me, G\.�'v:. .:\� ,th c.f-C..�v�.l Ei;`:✓\:L I(�:j, Data Name and Title of OMire,(e B•-3ane ooe,Nota Pu3lii 1 personally appeared Ck- ,i \�-�Cx✓� di1" =1�`"= -'S - I 1 v Namels)of Slgne,(a) 1 ry -%� ersonally known to me ❑ proved to me on the basis of satisfactory '1 h evidence Z+ to be the person(o whose ni is) fe- '? subscribed to the within instrument andI C.NEWELL acknowledged to me that(De she/they executed TCommlulonN1556715 the same in 1ilherkheir authorized Kl1 1� 61MV NotaryPublic-Calffomla _ capacity(ies), and that by &herlItlilOrange County signatureV) on the instrument the person(4,, orComm.ExpiresMar4,20 the entity upon behalf of which the person ] 'S acted, executed the instrument. � rh 'Si ;h WITNESS my hand and official seal. I,? Signature of Notary Public h OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent rti fraudulent removal and reattachment of this form to another document. y Description of Attached Document Title or Type of Document: , 1 Document Date: Number of Pages: ti �I Signer(s)Other Than Named Above: , 'a1 Capacity(ies) Claimed by Signer Signer's Name: K N .' 0 Individual Top of fwmb here 0 Corporate Officer—Ttle(s): 0 Partner-0 limited ElGeneral 0 Attorney-in-Fact 6 0 Trustee it 0 Guardian or Conservators 0 Other: - , A �j Signer Is Representing: l34 j 1�Z ; :..�-�i?=V L„ ;Z�'+F _.:� ...� -c ..c-c:-.c,-< --.....s':.i..� E' ��:;.,.c�_ ;�..�.:.'�:•-C n. -a- S'4'�''. 0 1999 National Notary Aaaocialdn•93M Od Salo Ave..P.O.B..24M Chal.1h.SA 91313-2402•www.natlonelnola,., P,ad.No,59,7 Reader Call Toll Free 1000-07"827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of—Cal-if ornia County of or2Rge On S fl 7 207 before me, Melissa A. Covarrubtas Notary Public Name aw me of orccer/e9.."Ja,re Dae.No:ary ruex9 personally appeared Janina Monroe K.MA d siq".1%) ® personally known to me– OR –El proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)islare subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s)on the instrument the person(s), MELISS4 A. COVARRUBIAS or the entity upon behalf of which the person(s) acted, COmfr115SIM# 1562658 k executed the instrument. .-a Notary Public - Colifomla orange County WITNESS my hand and official seal. fvlyComm.Expires Mar 22,2009 1J�✓L������/'� . srewore a Norm wrvK OPTIONAL Though the information below is not required by taw,it may prow_valuable to persons re1N'rrg on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Janina Monroe Signer's Name: ❑ Individual ❑ Individual ❑Corporate Officer ❑Corporate Officer ❑Title(s): ❑Title(s): ❑Partner—❑Limited ❑ General ❑Partner—❑ Limited ❑ General ®Attorney-in-Fact ❑Attomey-in-Fact ❑Trustee ❑Trustee ❑Guardian or Conservator11Guardian or Conservator U1 - un, • ❑-Other: mPotmb�ere El ropofth, bhe. Signer Is Representing: Signer Is Representing: 1313-11339/97 POWER OF ATTORNEY Know Ali Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Victoria M. Campbell,Thomas G. McCall and Janina Monroe of Irvine,CA(EACH) Christine Marotta of Chicago, IL its true and lawful Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its ad and deed Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regulady elected officers at its principal office in Kansas City,.Mjs�Sp3iip.' This Power of Attorney is executed by authority of resolutions adupted Dy unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf ofthe Company, and attach the seal of the Company thereto, bonds and undertakings, recogn"rzances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. ODMLOO13 DO 03 03 Page t of 2 Printed in U.S.A. In Testimony Whereof, t`a C.-,Tpany has c.::cw ':s.ins',=ant-W b sgned and its corporate seal to be affixed by their authorized officers, this 4th day of April 2006 Arch Insurance Company Attested and Certified glu°ort Martin J. Nilse ecretary Edward NL T s ice President STATE OF NEW YORK SS COUNTY OF NEW YORK SS I Peter J. Calleo, a Notary Public, do hereby certify that Edward M. Titus and Martin J. Nilsen personally known to me to be the same persons whose names are respectively as Vice President and Secretary of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severalty acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free aKvoluntary act ot,said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. PETER J.CALLED,ESQ. Notary Public, Stara of New Yark No.02CA6109336 44m � -((Q Ovilified'In New York county P r J. Nota ubtic Commission Expires May 3,2008 My commiss " expires 5-03-2008 CERTIFICATION 1, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Edward M. Titus, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY N"urocOF I have hereunto suLsmtbe^ my name and a the corpora se I of the Arch Insurance Company on this day of 20 Martin J. Nils , Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS_ Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena,CA 91101 Cg�y�ance ry 00MI-0013 OD 0303 014 Page 2 of 2 Printed in U.S.A. ISO CONSENT ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JAMES MAKSHANOFF, PUBLIC WORKS DIRECTOR BRUCE A. COLEMAN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F. M. DELACH, CITY MANAGER DATE: OCTOBER 1, 2007 SUBJECT: BOND REDUCTIONS FOR TRACTS 54057-01 (BACKBONE STREETS), 54057-09 & 19 (EDGEMONT), 54057-11 (MAGNOLIA) AND 63336-01 (MAPLETON) RECOMMENDATION: It is recommended that the City Council approve the bond reduction request by Azusa Land Partners for Tract 54057-01, 54057-09, 54057-11, 54057-19 and 63336-01. BACKGROUND: Azusa Land Partners has submitted a request for the reduction of the surety bonds, specifically the Faithful Performance Bonds, for the above referenced tracts. These performance bonds are provided to the City to guarantee the completion of the street improvements, should a developer for one reason or another not complete them. After reviewing the status of the work with the field inspection supervisor with Quantum Consulting, the City's civil engineering inspectors, it has been determined that major elements of the improvements have been completed and that a reduction in the bond amounts would be appropriate. A. Tract No. 54057-01. This map created all of the backbone streets and the lots for sale to builders. A faithful performance bond of $12,646,280 was posted for the street, storm drain, sewer and water improvements associated with the backbone street improvements. A review of the completeness of the street system is as follows: 1. Sierra Madre Avenue is one of the streets in the backbone system and this street is not complete at this time. The improvements east of Orange Blossom are complete except for the roundabouts. For this reason, the City should hold 40% of the bond for Sierra Madre. 2. Azusa Veterans is not complete north of Sierra Madre but is complete between Ninth and Sierra Madre. For this reason the City should hold 20% of the bond amount for Azusa Veterans Way. 3. The remainder of the streets within the backbone system is complete except for the final cap and some sidewalks. The Designated City Engineer (Willdan) recommends that this bond be reduced to $2,001,364. ALP Bond Reduction Request City Council meeting Oct. 1, 2007 Page 1 of 4 B. Tract No. 54057-09. A bond was posted for $898,950 to ensure the construction of the streets, storm drains, sewer and water systems in this tract. Quantum has reported that this work is complete except for the final cap of the streets and the sidewalks. The designated City Engineer recommends that this bond be reduced to $89,907. C. Tract No. 54057-19. A bond was posted for $152,500 to ensure the construction of the streets, storm drains, sewer and water systems in this tract. Quantum has reported that this work is complete except for the final cap of the streets and the sidewalks. The designated City Engineer recommends that this bond be reduced to $15,246. D. Tract No. 54057-11. A bond was posted for $165,634 to ensure the construction of the streets, storm drains, sewer and water systems in this tract. Quantum has reported that this work is complete except for the final cap of the streets and the sidewalks. The designated City Engineer recommends that this bond be reduced to $16,563. E. Tract No. 63336-01 . A bond was posted for $421,600 to ensure the construction of the streets, storm drains, sewer and water systems in this tract. Quantum has reported that this work is complete except for the final cap of the streets and the sidewalks. The designated City Engineer recommends that this bond be reduced to $42,164. By taking the recommended actions, the City Council is not relieving Azusa Land Partners of their responsibility to complete the work, nor is the City taking on any maintenance responsibility for the improvements. All street improvements, storm drains, sewers, and water systems need to be finished and manholes raised to grade, in order to be formally accepted by the City and Light and Water. Until then, the public improvements will remain the responsibility of ALP and Christopher Homes. The final acceptance of the street improvements and the ultimate bond exoneration will be future City Council actions. The reduction of the Faithful performance bonds does not reduce the Labor and Materials bonds. These bonds will remain in effect until the improvements are accepted and a reasonable period, generally one year, has passed to allow labor and material claims to be filed. FISCAL IMPACT: The reduction of these faithful Performance bonds will have no fiscal impact on the City of Azusa. The Designated City Engineer has determined that the remaining bond amounts are sufficient to guarantee the proper completion of the subject street improvements. Prepared by: Elroy Kiepke, Designated City Engineer Rosedale Attachments: Exhibit A: Location Map Exhibit B: Letter from Azusa Land Partners requesting reduction of bond amounts. ALP Bond Reduction Request City Council Meeting Oct. I, 2007 Page 2 of 4 Tract 63336-1 Manleton 6+a � f 4r.r Tract 54057-9 & 19 j Ed¢emont Note: Tract 54057-1 m� is the backbone street system t r,MVtnrms w F�rr�tsr�ar e wr�aa� : waw r }f � '�Mg�iN: �M4 F7+'IiCffi�If�g5.+n311 it �� burHtwa. Exhibit A. Location Map Bond Reduction Request ALP Bond Reduction Request City Council Meeting Oct. 1, 2007 Page 3 of 4 Fachibit B ALP Azusa Ladd Partners, LLC September 17,2007 Mr. Elroy Kiepke, City Engineer City of Azusa 213 E.Foothill Boulevard Azusa, CA 91702-1375 Subject; Request for Subdivision Bond Reductions for Tract 54057-01 (Backbone Streets),Tract 54057-09& 19(Edgemont),Tract 54057-11 (Magnolia),and Tract 63336-01 (Mapleton) Dear Elroy: Per my August 16 email I have requested that subject subdivision bonds be reduced based on wort-completed and per your August 23 email 1 agree with the following reduced bond amounts that you recommended: 1) Tract 54057-01,$2,001,364, 2) Tract 54057-09,S89,907. 3) Tract 54057-19,$15,246. 4) Tract 54057-11,$16,563. 5) Tract 63336-01,$42,164. 1 hope that the preceding bond reduction can be placed of the City Council meeting of October 1,2007. If you need additional information please call my office. Sincerely, Robert J. Tr Vice President Cc: Roy Bruckner ALP Bond Reduction Request _ City Council Meeting Oct. 1, 2007 Page 4 of 4 ��.or. G .__. _ 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 MANAGER DATE: October 1 , 2007 SUBJECT: Approval of Janitorial Service Specifications and Authorization to Solicit Bids RECOMMENDATION It is recommended that the City Council approve the Janitorial Specifications and authorize the City Clerk to commence advertisement and the formal bidding procedure. BACKGROUND A three-year contract for Janitorial Services was issued in July, 2000 to Come Land Maintenance Company. The City is still retaining the services of Come Land; cost has increased annually in direction proportion with Consumer Price Index (CPI). In evaluating the services rendered over the past year, it was found that internal complaints have escalated significantly, and the contractor has been unable to maintain the level of service desired. Departments have reported theft incidents and inappropriate usage of City equipment; all of which occurred overnight. Staff has made several documented attempts to address performance issues; with little results. Each facility has a different need, due to the hours and nature of operation. The specifications consider a service level deemed appropriate for each facility. Briefly, this is summarized as follows: 1. Police - 24 hrs/7 days per wk 5. City Yard - 8 hrs/4 days per wk 2. Library- 10 hrs/ 6 days per wk 6. Recreation - 10 hrs/4 day per wk 3. Sr. Center -8 hrs/5 days per week 7. City Hall - 12 hrs/4 days per week 4. Trans. - 6 hrs/4 days per week 8. Durrel, Barnes, Women's Club- once per month FISCAL IMPACT Janitorial services are budgeted for $70,000 from account number 10-55-666-000-6430. Attachments: janitorial Services Notice Inviting Bids, Specifications CITY OF AZUSA NOTICE INVITING BIDS FOR JANITORIAL SERVICES FOR CITY FACILITIES Submission Deadline: November 12, 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 BIDS NOTICE IS HEREBY GIVEN that separate sealed Bids will be received at the City of Azusa City Clerk's Office, 213 E. Foothill Blvd., Azusa, CA 91702, California, phone (626) 812-5229 until 10:00AM on November 12, 2007, at which time they will be opened and reviewed for the provision of the following: "Janitorial Services for City of Azusa Facilities" All proposals must be sealed and clearly identify the bidder's name, and address. The City of Azusa hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this invitation, the City will not discriminate against any bidder on the grounds of race, color, sex, or national origin in consideration for the award. The pre bid conference will be held on Thursday,November 1 st, 2007, (10:00AM.) at the City of Azusa City Yard located at 809 N. Angeleno, Azusa, California 91702. The exact meeting location at the City Yazd location will be the office of the Public Works Director. All persons responding to this invitation shall be aware that their bids 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 bid received, and to be the sole judge of the merits of the bids received. CITY OF AZUSA INSTRUCTIONS TO PROPOSERS CONTRACT TERMS AND CONDITIONS In awarding any equipment purchase contract, the selected bidder must agree to enter into an 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 bids; (2) waive minor irregularities; or(3) disqualify any bid that contains false or misleading information. LICENSES, PERMITS AND LAND USE APPROVALS The selected bidder 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 bidder 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 bidder shall identify in its proposal the location from which it will provide services to the City. The bidder must have, at the time it 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 submits its bid. AWARD OF CONTRACT Issuance of this Notice Inviting Bids and receipt of bids does not commit the City to award a contract. The City reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, or disqualify any bid that contains false or misleading information, and to take the bids under advisement for the period of time stated in the "Notice Inviting Bids," 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 bidder to whom the award is contemplated. No person may withdraw his bid for a period of ninety (90) days after the time set for the opening thereof. INSURANCE Prior to the commencement of the fabrication and installation of the city hall marquee, the selected bidder 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' compensation insurance covering all employees and principals of the bidder, 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 the coverage shall no 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 bidder shall give to the City prompt and timely notice of any claim made or suit instituted arising out of the selected bidder's operation hereunder. Important Notice To Contractors The City of Azusa takes exceptional pride in the appearance of all its City facilities. Residents and non-residents alike use our facilities on a daily. basis to conduct business and to interact with staff members. We wish to provide to the public, as well as City employees, clean and well maintained facilities that reflect the City's success and pride. In order to insure that each Contractor is familiar with the facilities covered under this contract, the City has mandated that you participate in the formal walk-through on Thursday, November V% 2007. The tour will commence at the Azusa City Yard, located at 809 N. Angeleno Ave. Failure to participate in the walkthrough will disqualify your bid. Each contractor will be asked to submit a building by building quotation, estimated duration of time spent per facility, number of assigned employees per facility, and be readily available for emergencies and extra work. This contract shall be in effect for three (3) years. Sincerely yours, James Makshanoff Director of Public Works/Assistant City Manager CITY OF AZUSA SPECIAL PROVISIONS FOR JANITORIAL CLEANING SERVICES Contact Person: Israel Del Toro Management Analyst, Public Works Telephone Number (626) 812-5261 Fax Number (626) 334-0410 E-mail ideltoro(a)ci.azusa.ca.us Work Days Monday—Thursday Hours of Work 7:00 AM—5:30 PM The following locations shall apply to the specifications, work to be performed, bidding and invoicing. Facility Inventory Civic Center ➢ City Hall 213 E. Foothill Blvd. 6,632 sq. ft. ➢ West Wing 8,630 sq. ft. ➢ Auditorium 4,460 sq. ft. ➢ Durrell House (Museum) 740 E. Alameda Ave. 2,021 sq. ft. ' ➢ Barnes House (Sister City) 805 N. Dalton Ave. 1,250 sq. ft. ➢ Police Department 725 N. Alameda Ave. 28,558 sq. ft. ➢ Senior Center 740 N. Dalton Ave. 15,743 sq. ft. ➢ City Library 729 N. Dalton Ave. 18,500 sq. ft. City Corporate Yard ➢ Public Works Office 809 N. Angeleno Ave. 1,364 sq. ft. ➢ Public Works Office— South 800 sq. ft. Satellite Facilities ➢ Azusa Woman's Club 1003 N. Azusa Ave. 6,160 sq. ft. ➢ Recreation Center 320 N. Orange Place 19,914 sq. ft. ➢ Transportation Facility 850 W. tenth St. 1,600 sq. ft. ➢ Aquatic Center (Slauson Park) 501 N. First St. 3,864 sq. ft. ➢ Boy Scout House 760 sq. ft. 1. CONTRACT EXTENSIONS a. The City and Contractor, by mutual consent and approval of Council, may extend this three (3) year janitorial contract at its termination, for a period of one year, not to exceed three (3) consecutive years. b. The Contractor must request in writing to the City, no later than April 30th for a C.P.I. increase to take effect July Vs of the following fiscal year. c. The City shall have the right to approve or deny the C.P.I. request based on documented monthly inspection reports, complaints, and performance. d. The C.P.I. shall be based on the February Consumer Price Index for the Los Angeles, Long Beach, and Riverside area. 2. EXHIBITS a. Contractor shall comply with the following exhibits: Exhibit A —Sign In/Out Form -Sign-in/out forms shall be completed each working day by assigned custodian -A form shall be placed at a designated area of each facility. -Contractor shall have the responsibility of submitting all completed monthly forms to the Facility Supervisor. -City shall have the right to deduct the average day of janitorial cost from monthly payment for each day not recorded on this form. Exhibit B—Monthly Inspection Form -City will provide a monthly inspection form to be used by both City and Contractor, to document performance. -Monthly inspections shall be performed within the first week of each month. -Contractor shall be prepared to allocate a minimum of two (2) hours to perform this task. -Form must have both City and Contractor signature in order to be valid. Exhibit C—Main Bid Document -This form shall be completed and submitted along with bid. -Contractor shall include the monthly cost to perform all work specified herein. Exhibit D—Main Bid Document(Supplemental) -The contractor shall complete this form in order for the City to evaluate submitted bids and for comparison purposes as to labor time per day per facility. -This document shall remain on file and considered part of contract as a benchmark for duration of service per facility. Exhibit E—Carpet Cleaning& Floor Waxing -Contractor shall have the expert experience and ability to perform carpet cleaning, vinyl and tile waxing and polishing. -Contractor shall indicate the cost per square foot to perform these duties during non-regular working days and hours. 3. EXTRA WORK a. City may authorize the Contractor to perform extra services as required. b. Contractor shall be prepared to work evening hours, weekends, and holidays. c. The City reserves the right to obtain alternate quotations. 4. INVOICING a. All invoices for extra work shall be submitted to the City separate from the monthly contract invoice. b. Invoice shall state the nature of work, facility, date, and name of City employee who authorized the work. 5. CUSTOMER SERVICE a. Contractor,shall be responsible for furnishing uniforms to employees, to include name of employee and company name. b. City maintains the right to have contractor relocate or remove its employees from any City premise. 6. CONTRACT EMPLOYEES a. Contractor shall submit to City an employee roster as to the names of individuals who shall be assigned to each City facility. b. City reserves the right to conduct background checks for each contract employee for criminal offenses. c. All custodians shall be the employees of the Contractor in which the name of the company is indicated on the agreement. d. Contractor shall submit the name and position of Supervisor in charge of custodians. e. Contractor shall state the name of all sub-contractors. 7. FOURS & DAYS OF WORK a. All work shall be performed after 5:30PM and completed before 6:OOAM, with the exception of the Police Department and Library. b. All restrooms and break rooms shall receive full service five (5) days per week. c. Work shall be performed on Mondays, Tuesdays, Wednesdays and Thursdays with the exception of the Police Department and Library. 8. EQUIPMENT & SUPPLIES a. Contractor shall supply all equipment required to perform work in order to maintain a satisfactory level of service. Example of which are; vacuum cleaners, push carts, mops, dust brooms, hand held vacuums and mini blind dusters. b. .City shall supply all paper supplies, cleaning solvents, plastic liners and soaps. 9. SECURITY a. City will supply keys, entry cards or computerized chips and alarm codes to contract employees. b. Contractor shall be responsible for the cost to replace any lost security items. c. City shall have the right to verify security entry logs for deduction of pay for service NOT rendered or shortage of time spent per facility. d. Contractor employees shall comply with all City security entry procedures. e. Contractor may be liable for stolen items, if it so determined that Contractor did not secure facility upon completion of work. 10. SUPERVISION a. Contractor shall provide adequate supervision on the job. b. All work shall be done in a manner satisfactory to the Facility Maintenance Staff or designated City Representative. c. Contractor shall inform the Facility Maintenance Staff of all cleaning schedules or change in personnel. FACILITY SERVICE SPECIFICATIONS 1. Daily Restrooms and Break Rooms Service (Monday—Thursday) a. Refill soap, paper towels and tissue dispensers b. Clean wash basins,toilers and urinals C. Polish all chrome fixtures d. Empty trash containers and clean outside of trash container as required e. Clean all mirrors L Disinfect all toilet seats g. Wipe down walls around lavatory fixtures h. Wet mop all floors with disinfectant i. Change all fragrant deodorizers as required j. High dust partitions and fixtures k. Clean table tops, counter tops, sinks, wipe stove tops and sides of refrigerators 2. Daily Floor Service (Monday —Thursday) a. Sweep all floors thoroughly with chemically treated dust mop b. Wet mop composition floors from spillage C. Vacuum all carpeted areas 3. Daily Interior Cleaning (Monday—Thursday) a. Vacuum all carpeted areas b. Empty trash containers C. Replace plastic liners d. Dust table tops and counters e. Empty exterior ash trays L Clean all glass doors and front/rear entry windows . 4. Weekly Floor Service (Once per week) a. Wet mop all vinyl and tile floors b. Spot clean where required C. Clean and wipe Council dins 5. Weekly Interior Cleaning (Once per week) a. Dust mini blinds b. Vacuum all cloth chairs C. High dust all file cabinets, doors and partitions d. Wash walls and doors of hand prints or other visible marks e. Clean mechanical vents L Wipe and clean all window panes g. Wipe and clean cabinets in break rooms 6. Monthly Service a. Wash all exterior and interior windows 7. Service by Facility a. Police Department 1. Service shall be performed seven (7) days per week 2. Full janitorial service: Monday—Thursday from 5:30PM to 6:OOAM 3. Full janitorial service: Friday— Sunday from 7:OOAM to 4:OOPM 4. Once per week floor mopping of jail area. b. City Library 1. Full janitorial service: Monday— Saturday from 9:OOPM to 6:OOAM C. City Hall, West Wing, City Yard, Transportation,Recreation 1. Full janitorial service: Monday—Thursday from 5:30PM to 6:OOAM d. Durrel House, Barnes House, Woman's Club, Boy Scout House, Aquatic Center 1. Full janitorial service (Once per month) e. Senior Center 1. Full janitorial service: Monday-Friday from 5:30PM to 6:OOAM OVA, U 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 MANAGER DATE: OCTOBER 1, 2007 SUBJECT: AUTHORIZATION TO SOLICIT BIDS FOR ANNUAL CONCRETE MANAGEMENT PLAN RECOMMENDATION It is recommended that the City Council authorize the City Clerk to commence advertisement and the formal bidding procedure for a Concrete Management Plan; contract will include an option to renew for two (2) proceeding years per Council Approval and fiscal allocation. BACKGROUND The streets of Azusa are lined with various species of trees. Most trees are located in close proximity to frontage improvements such as concrete sidewalks, curbs, gutters and asphalt concrete parking strips. As the trees mature, their roots spread out and sometimes cause damage to the improvements. The damage results in tripping hazards, drainage problems and nuisances for property owners and residents. The frontage improvements that are damaged by City tree roots will be repaired through an annual Concrete Management Plan. Carrying forward; staff has incorporated root barrier installation as a valuable component of the plan. Staff has broken the City up into 19 zones in accordance with the Pavement Management Plan. The 19 zones are divided into a 5-year master plan; concrete repairs are coordinated prior to asphalt repairs in designated zones. This year repairs will be made to Zone 1, 2, 10 & 13. Remaining funds of the Concrete Management Plan are prioritized based upon the level of pedestrian activity, severity of the tripping hazard and date a repair request is made. Sidewalk on Angeleno between 2nd /3rd, a new sidewalk on 3`d just west of Angeleno are among the high priorities this year. FISCAL IMPACT City has $104,000 in carry-over funds available from CIP project# 66204A and allocated an additional $250,000 in the FY 2007/08 CIP for this project. Attachments: Repair Zones Map, Specifications&Notice Inviting Bids CITY OF AZUSA NOTICE INVITING BIDS FOR CITY-WIDE CONCRETE IMPROVEMENTS Submission Deadline: November 19, 2007 BY 10:00 A.M. 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 BIDS NOTICE IS HEREBY GIVEN that separate sealed Bids will be received at the City of Azusa City Clerk's Office, 213 E. Foothill Blvd., Azusa, CA 91702, California, phone (626) 812-5229 until 10:00AM on November 19th, 2007, at which time they will be opened and reviewed for the provision of the following: "CITY-WIDE CONCRETE IMPROVEMENTS" All proposals must be sealed and clearly identify the bidder's name, and address. The City of Azusa hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this invitation, the City will not discriminate against any bidder on the grounds of race, color, sex, or national origin in consideration for the award. The pre bid conference will be held on Monday, November 5th, 2007, (10:00AM.) at the City of Azusa City Yard located at 809 N. Angeleno, Azusa, California 91702. The exact meeting location at the City Yard location will be the office of the Public Works Director. All persons responding to this invitation shall be aware that their bids 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 bid received, and to be the sole judge of the merits of the bids received. CITY OF AZUSA INSTRUCTIONS TO PROPOSERS CONTRACT TERMS AND CONDITIONS In awarding any equipment purchase contract, the selected bidder must agree to enter into a Public Project Contract 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 bids; (2) waive minor irregularities; or (3) disqualify any bid that contains false or misleading information. LICENSES. PERMITS AND LAND USE APPROVALS The selected bidder 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 bidder 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 bidder shall identify in its proposal the location from which it will provide services to the City. The bidder must have, at the time it 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 submits its bid. AWARD OF CONTRACT Issuance of this Notice Inviting Bids and receipt of bids does not commit the City to award a contract. The City reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, or disqualify any bid that contains false or misleading information, and to take the bids under advisement for the period of time stated in the "Notice Inviting Bids," 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 bidder to whom the award is contemplated. No person may withdraw his bid for a period of ninety (90) days after the time set for the opening thereof. Terms and Specifications The City of Azusa is soliciting bid prices to repair and/or install concrete improvements over the next three years, from January 1, 2008, through December 2010. The selected contractor will be contacted from time to time, with actual work totaling minimum cost of $25,000, to perform improvements. The area of the responsibility will be the corporate boundary of the City of Azusa and locations will vary based on a designated list of locations as well as special request. Per unit bid prices submitted will be valid for the entire 2008 calendar year and prices may vary for 2009 and 2010 calendar years upon submission by the contractor and approval by the City. Unreasonable price variations will not be accepted. Unit prices will be based on City standard drawings (R-4, R-5, R-6, R-7, and R-8. APWA standards will be used for the wheelchair ramps). Please submit the following unit prices for calendar year 2008, based on minimum of $25,000 total work: I. Annual Contract Unit Prices Item no. Description Unit Unit Price 1. 4"sidewalk SF S 2. Curb & Gutter LF $ 3. Cross gutter LF $ 4. 6"driveway approach SF $ 5. Curb only LF $ 6. Alley Intersection-PCC SF $ 7. Wheelchair Ramp EA $ Attached to this set of specifications are work locations with approximate dimensions for the initial phase of work. Please use the above unit prices to arrive at total contract price for the initial phase. The master contract will be awarded at the total price given below: 11. Master (contract Unit and Total Prices No Description Unit Unit Price Quantity $ Sub-total 1. 4"sidewalk SF $ 23,000 2. Curb & Gutter LF $ 500 3. 6"driveway approx. SF $ 5,000 4. Wheelchair Ramp EA $ 2 Total Master Contract Price in numbers Total Master Contract Price in words The City reserves the right to delete any bid item and increase or decrease the estimated quantities that will serve the City's best interest. It is understood that the foregoing quantities are approximate only and are solely for the purpose of facilitating the comparison of bids, and that the Contractor's compensation will be computed upon the basis of the actual quantities in the complete work,whether they be more of less than those shown. COMPANY BIDDER'S SIGNATURE TELEPHONE# LIST OF MATERIAL AND EQUIPMENT MANUFACTURERS The undersigned bidder understands and agrees that the City may consider this Bid incomplete unless the Bidder names a manufacturer/supplier for each item of equipment in the following list. The City may at its discretion reject any bid whose list is incomplete or improperly compiled. Not more than one manufacturer/supplier shall be named for each item of equipment. The undersigned Bidder hereby agrees that, after submission of this Bid, a change will not be made in the following listing of manufacturers/suppliers and will not award a contract or agreement of any kind to a manufacturer not listed below for the listed items of equipment unless such change, award, or agreement is first approved in writing by the City according to the provisions of the Contract Documents pertaining to substitutions and equals. The manufacturers/suppliers named below produce the fisted items of equipment which comply with the requirements of the Contract Documents, and the undersigned Bidder will furnish and install the complying equipment of the manufacturers/suppliers named in the following list SCHEDULE OF MANUFACTURERS Item Description Manufacturer Bidder's Initials LIST OF SUBCONTRACTORS The Bidder is required to furnish the following information (in accordance with the provisions of Sections 4100 to 4114, inclusive of the Public Contract Code of the State of California and any amendments thereto) for each Subcontractor performing more than 0.5% of the Total Base Bid. Do not list alternative subcontractors for the same work. Name Under Which Address & Subcontractor License Telephone Specific Is Licensed Number Number of Office, Work Description to be Performed by Mill or Shop Subcontractor Bidder's Initials BID BOND FORM KNOW ALL MEN BY THESE PRESENTS, That as Principal,and as Surety,are held and firmly bound unto the City of Azusa hereinafter called "City" in the sum of: dollars, (not less than 10 percent of the total amount of the bid) for the payment of which sum, well and truly to be made, we bind ourselves our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to said City to perform all work required under the City's Specifications entitled: "CONTRACT DOCUMENTS AND SPECIFICATIONS FOR THE Annual Citywide Concrete Improvements - PROJECT NO. 07-1 NOW THEREFORE, if said Principal is awarded a contract by said City, and, within the time and in the manner required under the heading "Instructions to Bidder's" bound with said Specifications, enters into a written contract on the form of Agreement bound with said Specifications and furnished the required insurance and required bonds, one to guarantee faithful performance and the other to guarantee payment of labor and materials, then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by said City and judgment is recovered, said Surety shall.pay all costs incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court. Principal Surety By By Its Its By By Its Its Surety signatures on this bond must be acknowledged before notary publics, and a legally sufficient power of attorney must be attached to the bond to verify the authority of any party signing on behalf of a surety. INFORMATION REQUIRED OF BIDDER The bidder is required to supply the following information. Additional sheets may be attached if necessary. If requested by the City, the bidder shall furnish a notarized financial statement, references, and other information, sufficiently comprehensive to permit an appraisal of his current financial condition. 1. Address 2. Telephone 3. Type of Firm: Individual( ) Partnership( ) Corporation() 4. Corporation organized under the laws of the State of 5. Contractor's License: State License No. 6. Contractor's License: Expiration Date 7. Names and Titles of all officers of the firm: 8. Number of years of experience in projects of this type 9. Three projects of this type recently completed: Contract Type of Date Name and Telephone Amount Project Completed Number of Owner A. B. C. 10. Person who inspected site of work for your firm: Date Inspected: CONTRACTOR'S LICENSE DECLARATION (Business and Professions Code Section 7028.15) The undersigned declares that he or she is (Title) of (Bidder), (Company Name) 1. Contractor's License Number: State 2. Contractor's License Classification: 3. Expiration date of Contractor's License: ' 19 4. Bidder acknowledges.that Section 7028.15(e) of the Business and Professions Code provides as follows: "A licensed contractor shall not submit a bid to a public agency unless his or her contractor's license appears clearly on the bid, the license expiration date is stated and the bid contains a statement that the representations therein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non-responsive and shall be rejected by the public agency." The undersigned declares under penalty of perjury that the forgoing is true and correct. Executed on 20 , at (insert city and state where signed) Name of Company Typed Name Signature Title Standard Plans for Public Works Construction CITY ® F AZUSA ENGINEERING 77I�/ISI[7N SUBJECT- CURB and GUTTER DETAILS 61 �. BY APPROVED BY, DATE: APRIL 1996 SOBERLICH CITY ENGINEER RCE NO, 39370 CHKD. BY: R.L. L.M. B. L/4L' 6" W L R=3/4" R-3/4- F-- =3/4' I/4' 6' � _ L ISR=3/4" iR-1/2" /-BATTER PF— R-1/2" BATTER 4,12 1' per ft of 'V'F BATTER I— R I 6 CF. R=1/2" 842 B' Ji#' LEVEL LINE LEVEL LINE L1' LEVEL LINE A B C EXISTING W —� 1/4' 6' 12"— PLL CURB F.L. BEAD OF EPDXY RESIN L R=3/4' (-� ADHESIVE APPLIED TO BBATTER 12ER F.L. AFTER P.C.C. HAS CURED 6'C.F. R=1/2" V per ft of 'V' =1' I/<• —T— 8. 8' R 1/2" L ' R-1/2 EPDXY RESIN ADHESIVE --+ 1' LEVEL LINE ® E 18' 18' EVEL LINE 1/4' 6" ATTER 812 4' 2-1 2" N0. 4 LDNG BAR 2' 6'LF. EPDXY RESIN ADHESIVE 12' R 12' B. 3/4' EXISTENT 3' N1 4 DOVEL BAR PAVEMENT AT A'6C 10'NR1 Ipp ,GROUTED 1' F IN PLALE 36' B' H NOTES: 1 CONCRETE SHALL BE 520-C-250D PER STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. 2. ALL FLOW LINES ARE TO HAVE A 4' WIDE SECTION WITH A STEEL TROWEL FINISH AND REMAINING SECTION OF GUTTERS TO BE WOOD TROWEL FINISHED. n �¢ 3. ALL CONCRETE TO BE PLACED WITHIN 90 MINUTES OF DISPATCH. YIK /TI 4. ' " = 24" AND "C.F" - B' UNLESS OTHERWISE SPECIFIED. Standard Plans for Public Works Construction (Contd.) CITY OF AZUSA ENGINEERING AZ VZSIC7N G �6 SUBJECTS STANDARD DRIVE APPROACH ° ® APPROVED BY: DATE: APY:RIL 1996 CRY OF VVV��� -0 -0 DRN. BS. SOBERLICH CITY ENGIN ER RCE NO. 39370 CHKD. 6Y: R.l. -M. COLD JOINT AT FE C.F.=0' COLD JOINT AT IE - LIGHT SLOPE I SLOPE I LINES SLOPE MIN TREE. SLOPE PE FINISH FIRE HYDRANT. STREET LIGHT' gQ LD JOINT AT UTILITY POLE R _ BACK OF CURB ETC. W X W X STEEL TROWEL FINISH AT tEL TROWEL FINISH AT FLOW UNE 4 WIDE LIGHT BROOM ROW UNE 4' WIDE FINISH CASE 11 CASE I R/W LINE CURBFACE e' SLR toss 9" 10" 1 11" 12" OR MORE (IIS PARKWAY X OR R 3' 4' S' 5'-6' 6" I ' SLOPE 1/4• PER R. NOTES- - 3/4" L DRIVE APPROACHES SHALL BE CONSTRUCTED OF 520-C-2500 C.F. P.C.C. PER STANDARD SPECIFICATIONS FOR PUBLIC WORKSn_=) 6' CONSTRUCTION. ALL CONCRETE SHALL BE PLACED WITHIN 90 '" '- COLD JOINT MINUTES OF DISPATCH. TYPE 1 - TYPICAL SECTION 2. CASE 1 SHALL BE USED IN ALL SITUATIONS EXCEPT WHERE (FOR PARKWAYS LESS THAN 10') THERE IS A UTILITY POLE, ELECTROLIER, OR FIRE HYDRANT CLOSER THAN 3' TO THE EDGE OF THE DRIVE APPROACH. AS R/W LINE DETERMINED BY THE INSPECTOR. IN WHICH CASE. CASE II SHALL PARKWAY BE USED. 3 MIN W=12'. MAX W=25' (RESIDENTIAL). MAX W=30' (COMMERCIAL) SLOPE 1/4' PER R. 4. SCORE LINES SHALL BE PLACED PARALLEL E UNE OF WORK X A C F IIIL III=_• AT THE BOTTOM OF EACH X ANO, IF W GREATER THAN OR DR EQUAL TO 14'. ALONG THE CENTERLINE E OF THE APPROACH. i' a e > A SCORE LINE SHALL BE PLACED TRANSVERSE TO THE LINE OF 1_°_ >_) g• gpflyky WORK AT THE GRADEBREAK IN "TYPE 2" APPROACHES. COLD JOINT 5. DEPRESSED CURB AND CUTTER SHALL BE CONSTRUCTED SEPERATLY FROM DRIVE APPROACH FOR CASE I APPROACHES TYPE 2 - TYPICAL SECTION (FOR PARKWAYS EQUAL TO OR GREATER THAN 10') p_ C Standard Plans for Public Works Construction (Contd.) CITY ® F AZUSA ENGINEERING DI�/ZSION SUBJECT- STANDARD SIDEWALK DETAILS APPROVED IaY. DATE: APRIL 1996 DRN. BY: S. SEIBERLICH CITY ENGINEER RCE NO, 39370 CHKD. BY: R.L. L.M. VARIES NOTES- 1. OTES- _ r5'� 1 S PESHALL EC -2500 PER ORPUBLLICWORKS CONSTRUCTION.STANDARD I ALL CONCRETE SHALL BE PLACED WITHIN 90 MINUTES OF DISPATCH. 2. WALKS SHALL BE SCORED AT 5' INTERVALS AND E.0 - PLASTIC CONTROL JOINTS SHALL BE INSTALLED AT UF PROP 10' MAX. INTERVALS. CO LINE 3. CURBS SHALL BE SCORED AT 10' INTERVALS AND 24" MIN PLASTIC CONTROL JOINTS SHALL BE INSTALLED AT RADIUS 20' MAX. INTERVALS, AND AS REQUIRED BY THE PLAN- , M+ 4. IN CASES WHERE CURBS AND WALKS ARE ADJACENT T. !6 'r`.'v CURB JOINTS SHALL AUGN WITH WALK JOINTS. �''�' "�'T:'' 5. A RAMP PER APWA STANDARD PLAN 111-1 "-' - ' *4' SHALL BE INSTALLED AT EVERY INTERSECTION j 24" MIN_ n`Pf ^ry\2. CORNER, UNLESS OTHERWISE NOTED. RADIUS 6. CURB AND GUTTER SHALL BE CONSTRUCTED SEPERATELY FROM SIDEWALK AND CURB RAMP. 7. WEAKENED PLANE JOINTS SHALL BE USED FOR ALL WALK RETURN JOINTS EXCEPT EXPANSION JOINTS SHALL BE PLACED IN CURB, GUTTER, AND SIDEWALK AT THE SCR AND ECR, AND AROUND UTILITY POLES LOCATED rVARIES IN SIDEWALK AREAS. 5' TYPICAL SECTION OF WALK E.0 ^g{ VARIES RESIDENTIAL 5'�GRADED m 'I'+ EXISTING PROP. - 'r>�' SLOPE 1 4" PER. Fi. CURB & LINE •••• •., PROP.NEIIIIII =111�IIIIIplllll `, `GUTTER n: l SIDEWALK w °;'s "� :f ?•a �g � COMMERCIAL SLOPE PER. FT. III�IIII IIII=`gI EXISTING —Iilll�llh CURB & GUTTER PROP. i•'`•- ---- r WALK RETURN LINE -- - =�•=_.;:.:____ _ [) 4 _t Standard Plans for Public Works Construction (Contd.) CITY . 0-F AZUSA ENGINEERING I]II/I S ION SUBJECT, o STANDARD CROSS GUTTER a v APPROVED BY, DATE: JUNE 1996 cmaP DRN. BY: S. SEIBERLICH CITY ENGINEER CE NO. 39370 CHKO. BY: R,L L.M. GUTTER TRANSITION GUTTER TRANSITION iv dRIDGE B A FLOW LINE D: STIR. GRADE x . GRADE -FLOW _ ax URE_ PROPERTY LINE) o B - a p„-NORMAL CF r5 g vEi'o MINUS 2" CURB NORMAL CF n 2' W MINUS 2" =' F3�P_ 2 GUTTER —,: ' a W r- GUTTER TYPICAL CROSS GUTTER PLAN SECTION A - A WEAKENED PLANE WEAKENED PLANE JOINT OR JOINTS PER NOTES OPTIONAL CONTACT JOINT 1 AND 2 D PER NOTES 1, 2 AND 3 �II^�3 3� w JOINT NEEDED WHEN ry - W = 46' OR MORE a r^-IS'--im�9. "iDn� r--LEv[L--� ;,__ELR 5, CROSS GUTTER TYP SECTION B - B - NOTES: WEAKENED PLANE 1. WEAKENED PLANE AND/OR CONTACT JOINTS PER NOTES GUTTER JOINTS SHALL BE PLACED IN CURB 1 AND 2 AND GUTTER AT LOCATIONS SHOWN TYPICAL JOINT PLAN ON THE TYPICAL JOINT PLAN HEREON. 2. WEAKENED PLANE JOINTS SHALL BE CU 6' PLASTIC CONTROL JOINTS. I 3, ALL CONCRETE SHALL BR 520-C-2500 I-2,� 3' 3' PER OSPECIFICATIONS FOR 1„ 1„ PUBLICIC WORKS CONSTRUCTION, ALL 2 CONCRETE SHALL BE PLACED WITHIN a 90 MINUTES OF DISPATCH. n 4. ALL EXPOSED CORNERS ON P.C.C- GUTTERS TO BE ROUNDED WITH SECTIO C - C 1/2" RADIUS. u_ mfi 5. GUTTER SHALL BE INTEGRAL WITH CURB UNLESS OTHERWISE SPECIFIED. SECTION 0 - D R - 7 Standard Plans for Public Works Construction (Contd.) CITY ® F ,4Z �JSA ENGINEERING AZ �/IS I0N SUBJECT- STANDARD ALLEY INTERSECTION r �51 APPROVED BY, DATE: JUNE 1996 CITY OF C'S DRN. BY: S. SEIBERLICH CIN ENGINEER RCE NO. 39370 CHKO. BY: R.L LM.- WHEELCHAIR RAMP 3 F� WHEELCHAIR RAMP PER APWA STO. PER TD APWA S . PLAN 111-1, CASE H W PLAN 111-1, CASE H P.C.0 CENTER GUTTER PLASTIC CONTROL JOINTS RETAINING PROP.LINE PROP.LINE RETAINING CURB _ CURB B.33% 5'`I 8.33% . 0" C.F. wI 0" C.F. MA%. EDGE OF WALK STRAIGHT a� STRAIGHT EDGE OF WALK �J (� GRADE �I G(iAbY I I 2" w 3' Q i 3' 12" A A 4cr . NI3, CF. B FLOW I LINE LIGHT BROOM 1 8 FINISH rt STEEL TROWEL FINISH 8" WIDE 6"I AT FLOW LINE BATTER T .. .I �w/2 W/2� — ' '•i.:,e� P.C.C. GUTTER VF g3" LEVEL LINE 6" AGGREGATE BASE ":•:6 'in•„. 6 P.C.C. - SECTION A-A - AGGREGATE_; �1 t SECTION AT PROPERTY LINE VARIES i 6” PCC I--3' 5' iCn;r a,: •e r+e ;e GUTTER 2' PARKWAY ..... ...,. 3" ' 4 PER TOP OF CURB I- C.F. SLOPE " 6" AGGREGATE BASE e.; g" P.C.C. 1" .en�.n gASE 6 AGGREGATE q.� SECTION B-B SECTION AT f ALLEY I R - 8 S Standard Plans for Public Works Construction (Contd.) CITY ® F AZUSA ENGINEERING L/I�/ISIC7N SUBJECT- CURB DRAIN �T u� APPROVED BY, DATE: JUNE 1996 CITY OF GS' 4 �4 ORN. BY: S. SEIBERLICH CIN ENGINEER RCE ND. 39370 CHKD. BY: R.L. LM. BACK OF CURB 2 - #3 BAR3" MIN. CLEARANCE t� CURB LINE ����, EDGE OF GUTTER B �, 51 EXPANSION JOINT s' I REQUIRED DRAIN IF CURB BEINGCONSTRUCTED S MONOLITHIC WITH ADJACENT CURB k. GUTTER (NP. BOTH SIDES) I z PARKWAY J 5 ' s J END OF PIPE TO HAVE 7" CLEARANCE m. 2 - H3 BARS 'II Ia FROM CURB FACE FINISHED GRADE 1/2" CLEARANCE ^.RNCDIA 1/4"RPER FT. MINE SLOPE SECTION VIEW NOTES- I, DRAINS SHALL BE 3" DIAMETER PIPES FOR 6" CURB FACE AND 4" DIAMETER PIPES FOR B" CURB FACE OR GREATER UNLESS OTHER SHAPES ARE APPROVED BY THE CIN ENGINEER. 2. ANGLE "O = 90° UNLESS OTHERWISE SPECIFIED. 3. THE NUMBER OF PIPES AT ANY LOCATION SHALL NOT EXCEED 3; IF GREATER CAPACITY IS REQUIRED, USE SIDEWALK CULVERT PER STANDARD DRAWING NO. R-12. 4. ALL CONCRETE SHALL BE 520-C-2500 PER STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. ALL CONCRETE SHALL BE PLACED WITHIN 90 MINUTES OF DISPATCH. 5. IN CASES OF EXISTING SIDEWALK AND CURB AN GUTTER, THEY SHOULD BE SAWCUT TO THE NEAREST UNDAMAGED SCORELINE. R - 9 City of Azusa PAVEMENT MANAGEMENT E Ile 19 ZONES .3 17 _ - 18 / \ 1 s _ 14 15 k 9 16 t; } W 12 ¢ r IV 9 t t 8 4 _ 2A, // � jL e, ;r -- �3 t Y. r- 6 3 - 5 � :. . /1040 CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/CFO VIA: F.M. DELACH, CITY MANAGER ,`�M DATE: OCTOBER 1, 2007 l SUBJECT: APOA CONTRACT AUGUST 1 , 2007 THRU JULY 31 , 2010 RECOMMENDATION It is recommended that City Council adopt the resolution approving the Azusa Police Officers Association (APOA) contract dated August 1, 2007 through July 31, 2010. This is a three year contract. BACKGROUND Beginning this spring, APOA and City Administration began negotiations to consider a new contract. After several months of negotiations and good faith bargaining, APOA and the City have reached agreement on a contract lasting three years. A summary of the proposed changes to the current APOA Memorandum of Understanding includes: • Increasing base pay by 3% retroactive to August 1 , 2007 with another 4% base pay increase effective August 1 , 2008 and a final base pay increase of 4.5% effective August 1, 2009. • Increasing the flexible spending account from $974 to $1 ,137 effective August 1, 2007 and providing for increases up to 8% per annum .should the cost of medical insurance increase during the term of the contract. • Increase training pay a for police officers to 5% and corporals to 2.5% while performing training duties. • Increase uniform allowance to $800 per year. • Modify tuition reimbursement to cap annual amount. • Modify retiree medical provision to allow coverage of spouse. See MOU for additional details. FISCAL IMPACT Finance estimates the average cost per year of these changes to be $383,000. Attachments: 1. Memorandum of Understanding 2. Resolution approving MOU RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE AZUSA POLICE OFFICERS ASSOCIATION EFFECTIVE AUGUST 1, 2007, THROUGH JULY 31, 2010 WHEREAS,the City Council acknowledges the Azusa Police Officers Association as the recognized employee organization representing those personnel occupying the positions identified in the attached Memorandum of Understanding (MOU) between the City and the Azusa Police Officers Association (APOA), and WHEREAS,the Memorandum of Understanding between the City of Azusa and the APOA expired on July 31, 2007, and management of the City and APOA, bargained in good faith, and WHEREAS, management and APOA have come to an agreement with regard to a successor Memorandum of Understanding, and WHEREAS, the new MOU is attached. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa does hereby approve the Memorandum of Understanding attached hereto and does direct the representatives of management to affix their signatures thereon. The City Clerk shall certify the passage of this Resolution. APPROVED AND PASSED this 1�`day of October, 2007. I HEREBY CERTIFY that the foregoing Resolution was duly passed by the City Council of the City of Azusa at a regular meeting thereof held on the 1 st day of October, 2007. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE AZUSA POLICE OFFICERS ASSOCIATION EFFECTIVE 08/01 /2007 THROUGH 07/31 /2010 TABLE OF CONTENTS 1. TERM OF MEMORANDUM OF UNDERSTANDING................................................................. 1 2. CONTINUATION OF BENEFITS, TERMS, AND CONDITIONS OF EMPLOYMENT........................ 1 3. MANAGEMENT RIGHTS..................................................................................................... 1 4. WORKWEEK AND TIMEKEEPING INTERVAL....................................................................... 2 5. SALARY........................................................................................................................... 3 6. ADDITIONAL COMPENSATIONIPREMIUM PAY..................................................................... 4 6.1 Acting Employee............................................................................................................... 4 6.2. Bilingual Pay ................................................................................................................... 4 6.3. Callout............................................................................................................................. 4 6.4. Deferred Compensation..................................................................................................... 4 6,5. Educational Incentive Pay.................................................................................................. 4 6.6. Holiday Pay(See also 7.2. Holidays)...........:........................................................................ 5 6.7. Longevity Pay.................................................................................................................. 5 6.8 Off Duty Court Appearance Time........................................................................................ 6 6.9 Standby("On Call") Pay..................................................................................................... 6 6.10. Overtime/Compensatory Time......................................................................................... 6 6.11. Special Assignments...................................................................................................... 7 6.12. Shift Differential............................................................................................................ 8 6.13. Training Pay(Police Officer)............................................................................................ 8 6.14. Training Pay(Corporal)................................................................:.................................. 8 6.15. Uniform Allowance......................................................................................................... 8 7. LEAVE/DAYS OFF............................................................................................................ 8 7.1. Bereavement Leave............................................................................................................8 7.2. Holidays (see also 6.6. Holiday Pay).......................................................................................8 7.3 Worker's Compensation................................................................................................... 9 7.4. Personal Leave..................................................................................................................9 7.5. Sick Leave........................................................................................................................9 7.6. Vacation Leave................................................................................................................... 12 8. CLOTHING DAMAGE REIMBURSEMENT.............................................................................13 9. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM.......................................13 10. DISABILITY INSURANCE(SHORTILONG TERM).................................................................. 13 11. EMPLOYEE ASSISTANCE PLAN........................................................................................ 14 12. FLEXIBLE BENEFIT PLAN.................................................................................................14 13. LIFE INSURANCE............................................................................................................ 14 14. OUTSIDE EMPLOYMENT..................................................................................................15 15. PHYSICAL EXAMINATIONS...............................................................................................15 16. RETIREMENT..................................................................................................................15 17. LEAVE BANK FOR APOA BOARD MEMBERS.......................................................................16 18. SAFETY EQUIPMENT.......................................................................................................16 19. TUITION REIMBURSEMENT..............................................................................................16 20. POLICIES..................................................................................................................... 18 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE AZUSA POLICE OFFICERS'ASSOCIATION AUGUST 1, 2007 through JULY 31, 2010 This Memorandum of Understanding is entered into with reference to the following facts: (1) The Azusa Police Officers'Association (APOA)(hereinafter referred to as "Association") is the recognized employee organization representing those personnel (hereinafter referred to as "employees")employed by the various departments of the City of Azusa (hereinafter referred to as "City"), and occupying the classifications (see current salary schedule.) (2) In the interest of maintaining harmonious relations between the City and those employees represented by the Association,authorized representatives of the City and the Association have met and conferred in good faith, exchanging various proposals concerning wages,hours and otherterms and conditions of employment to affected employees. (3) The authorized representatives of the City and the Association have reached an understanding and agreement as to certain changes in wages, hours and other terms and conditions of employment of the affected employees which shall be submitted to the City Council of the City for approval and implementation of these changes by appropriate ordinance, resolution, or other lawful action. Therefore,the City and the Association agree that,subject to approval and implementation by the City Council of the City, the wages, hours and other terms and conditions of employment for all affected employees shall be as follows: 1. TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding(MOU)shall commence August 1,2007,and shall continue in full force and effect until July 31, 2010. 2. CONTINUATION OF BENEFITS, TERMS,AND CONDITIONS OF EMPLOYMENT Any benefits, terms, and conditions of employment, except as modified by state law, federal law, or municipal ordinance, contained in prior Memoranda of Understanding between the Association and the Citynot specifically altered by this agreement are hereby incorporated in this agreement and made a part of it by reference. 3. MANAGEMENT RIGHTS 3.1 The City reserves,retains and is vested with,solely and exclusively,all rights of Management which have not been expressly abridged by specific provisions(s)of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of Management,as they are not abridged by this agreement or by law,shall include,but not be limited to, the following rights: 3.1.1 Determine the mission of its constituent departments, commissions and boards; 3.1.2 Set standards of service; 3.1.3 Determine the procedures and standards of selection for employment and promotion; 3.1.4 Direct its employees; 3.1.5 Take disciplinary action; 3.1.6 Relieve its employees from duty because of lack of work or for other legitimate reasons; 3.1.7 Maintain the efficiency of governmental operations; 1 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2007 THROUGH 7-31-2010 3.1.8 Determine the methods, means and personnel by which government operations are to be conducted; 3.1.9 Determine the allocation and content of job classifications; 3.1.10 Take all necessary actions to carry out its mission in emergencies; and 3.1.11 Exercise complete control and direction over its organization and technology of performing its work. 3.2 Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of Management's rights shall impact on employees of the bargaining unit, the City agrees to meet and confer with representatives of the Association regarding the impact of the exercise of such rights,unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding, or in Personnel Rules and Salary Resolutions and Administrative Code(s)which are incorporated in this Agreement. By agreeing to meet and confer with the Association as to the impact and the exercise of any of the foregoing City Rights, Management's discretion in the exercise of these rights shall not be diminished. 4. WORKWEEK AND TIMEKEEPING INTERVAL 4. Work Week For employees covered by this agreement who are scheduled to work a 4/10 schedule, the regular workweek shall be forty(40)hours for a seven(7)day period beginning at 12:01 a.m.each Sunday and shall consist of four (4) days a week and ten (10) hours per day. Daily hours of work or shifts for employees within the department shall be assigned by the department head, as required to meet the needs of the department. 4.1. Workday For employees who are scheduled to work a 4/10 schedule,the workday will consist of ten(10)hours with lunch and breaks to be scheduled in light of departmental policy. For employees who are scheduled to work a 3/12.5 schedule,the workday will consist of 12.5 hours ora 10-hour make-up day each 28-day work period. The City reserves the right to determine the beginning and ending times of the workday. 4.2. Timekeeping Interval In compliance with FLSA,the minimum timekeeping interval shall be fifteen(15)minutes. Periods of time of seven(7)minutes or less shall be rounded down, and periods of time of eight(8)minutes or more shall be rounded up. 4.3 Patrol 3/12.5 Shift Schedule During the term of this MOU, the City agrees to maintain a 3/12.5 shift schedule for unit members assigned to patrol, as agreed between APOA and Management. If costs for overtime or workers compensation increases in excess of 10%in any given fiscal year,based on a three year moving average, Management has the right to abandon the 3/12.5 Shift Schedule. 2 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2007 THROUGH 7-31-2010 In reviewing the program management agrees to consider major incidents or unforeseen circumstances that may temporarily affect the above condition. In the event management decides to eliminate the 3/12.5 schedule the schedule will revert back to the 4/10 schedule as in the 2000-2004 MOU. In such event, management will provide a four-month notice to the APOA in writing. The parties acknowledge that to maintain the 3/12.5 schedule it is necessary to maintain a work period in accordance with section 7(k)of the FLSA. The parties agree the work period will remain to be a 28-day work period. The city will pay overtime compensation to Police Officers as follows: 1. Working more than their regularly scheduled hours on a given day or 2. Working more than 160 hours over a 28 day FSLA work period. 5. SALARY 5.1 Effective August 1, 2007 each unit member will receive a salary increase in base pay of three percent (3%). Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer 6101 $5,056.21 $5,310.75 $5,578.71 $5,860.69 $6,157.52 Police Corporal 6106 $5,294.00 5,560.53 $5,845.59 $6,136.32 $6447.09 Police Sergeant 6501 $6,169.49 $6,482.41 $6,811.82 $7,158.56 $7,523.43 Effective August 1, 2008 each unit member will receive a salary increase in the base monthly salary of four percent(4%). Classification Range St ep 1 Step 2 Step 3 Step 4 Step 5 Police Officer 6101 $5,258.46 $5,523.18 $5,801.85 $6,095.12 $6,403.82 Police Corporal 6106 $5,505.76 $5,782.95. $6,079.41 $6,381.77 $6,704.97 Police Sergeant 6501 $6,416.27 $6,741.70 $7,084.30 $7,444.90 $7,824.37 Effective August 1, 2009 each unit member will receive a salary increase in the base monthly salary of four and one-half percent(4.5%). 3 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2007 THROUGH 7-31-2010 Classification Range Step 1 Step 2 Step 3 Step 4 Step 5 Police Officer 6101 $5,495.09 $5,771.73 $6,062.94 $6,369.40 $6,691.99 Police Corporal 6106 $5,753.52 $6,043.18 $6,352.99 $6,668.95 $7,006.70 Police Sergeant 6501 $6,705.01 $7,045.08 $7,403.09 $7,779.92 $8,176.46 5.2 Automatic Payroll Deposit The City will continue to offer Automatic Payroll Deposit in cooperation with any bank that utilizes the Automated Clearing House service. 6. ADDITIONAL COMPENSATION/PREMIUM PAY 6.1 Acting Employee An employee otherwise eligible for acting pay shall not be eligible during scheduled periods of Vacation or when on Sick Leave. 6.2. Bilingual Pay In addition to monthly basic pay,the city shall pay an incentive to personnel demonstrating a proficiency in a major foreign language if they are assigned and required to speak and translate the language in performance of their duties. Such additional payment is conditional upon demonstration of language proficiency by a qualified third- party examiner mutually agreed upon by both the City and the Association. The incentive paid shall be$200 per month; provided,however,that employees receiving a greater dollar amount for bilingual pay on the effective date of this MOU shall continue to receive the higher dollar amount. 6.3. Callout If an employee is required to be called back to work after completing his or her normal shift or after having left City premises or the employee's work location,the employee shall be compensated at the appropriate rate for each hour worked on Callout with a minimum of(2)hours Callout compensation, regardless of whether the employee actually works less than two (2) hours. This provision shall be applicable to an employee even though, the employee's regular workweek is not complete but shall not apply to an employee who is continuing on duty for his/her normal work shift. For the purposes of this section only, the time starts when the Callout call is received by the employee. 6.3.1. Appropriate Rate of Pay for Callout The rate of pay for Callout shall be one and one-half(1Y:)times the normal rate of pay. Callout maybe entered as Premium Overtime or as Compensatory Time Earned. 6.4. Deferred Compensation (City Paid) For those employees with the classification of Police Sergeant: $90 per month in deferred compensation. 4 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2007 THROUGH 7-31-2010 6.5. Educational Incentive Pay 6.5.1. The City will pay two and one-half percent(2.5%)of the"sworn"employee's base rate if he/she possesses an Associate in Arts or Science degree or Intermediate Certificate issued by the California Commission on Peace Officer Standards and Training (P.O.S.T.)with forty-five(45) semester or equivalent quarter units from an accredited college or university, but not to exceed $100 per a month for Police Officer and Police Corporal and $125 for Police Sergeant 6.5.2. The Citywill pay five percent(5%)of the"sworn"employee's base salaryrate if he/she possesses a Bachelor of Arts or Science degree or Advanced certificate issued by the California Commission on Peace Officer Standards and Training (P.O.S.T.) with sixty (60) semester or equivalent quarter units from an accredited college or university, but not to exceed $200 per a month for Police Officer and Police Corporal and$250 for Police Sergeant. Neither 6.5.1.nor 6.5.2 above shall apply to any"sworn"employee whose job description has an equivalency requirement for either an Associate in Arts or Science degree ora Bachelor of Arts or Science degree. 6.5.3 Notwithstanding the foregoing,employees receiving a greater amount for education incentive pay on the effective date of this MOU shall continue to receive the higher dollar amount. 6.6. Holiday Pay(See also 7.2. Holidays) Shift Personnel - Employees shall receive an additional 100 hours pay per year whether the holiday is worked or falls on a regularly scheduled day off(paid the pay period following the holiday). Non-Shift Personnel - Employees who work holidays shall receive regular pay plus time and a half for hour's worked or equivalent compensatory time. 6.7. Longevity Pay 6.7.1 The monthly longevity pay for employees hired on or after August 1,2000,shall be in accordance with the following schedule: 7 yrs =$100 10 yrs=$200 15 yrs=$300 20 yrs =$400 6.7.2 The monthly longevity pay for employees hired prior to August 1, 2000, shall be in accordance with the following schedule: POLICE OFFICER 7 yrs $117.61 10 yrs $235.22 15 yrs $352.84 20 yrs $470.45 POLICE CORPORAL 7 yrs $123.49 5 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE B-1-2007 THROUGH 7-31-2010 10 yrs $246.99 15 yrs $370.48 20 yrs $493.97 POLICE SERGEANT 7 yrs $141.25 10 yrs $282.50 15 yrs $423.74 20 yrs $564.99 6.7.3 Notwithstanding the foregoing,employees currently receiving a higher dollar amount of longevity pay than the amount provided for under Section 6.7.2. shall continue to receive the higher dollar amount until eligible for an increase based on the schedule set forth in Section 6.7.2. 6.8 Off Duty Court Appearance Time 6.8.1 Off-Duty Court Appearance Time is applicable only for court appearances scheduled to begin during off-duty hours. Except as provided above,court time during regularly scheduled working hours shall be compensated at straight time on an hour-for-hour basis. The City agrees to pay for Off--Duty Court Appearance Time on an hour-for-hour basis with a minimum of four(4)hours of pay at the appropriate rate(currently time and one-half). For example, if an employee's shift begins at 6 p.m. and the employee's OS Duty Court Appearance begins at 4 p.m.; the employee will be entitled to a minimum of four hours of Off- Duty Court Appearance Time pay. Off-Duty Court Appearance Time shall begin to accrue as early as 8:30 a.m. or the court-requested show-up hour,whichever is later. In cases where the appearance is canceled by the court(either directly or through the Department), the employee must be personally notified of such cancellation by the Department no later than 6:00 p.m. of the previous court day, or a guaranteed minimum of four(4)hours of Off-Duty Court Appearance Time shall apply. "Personal" notification shall be defined as any one of the Following (to be agreed upon in advance between the employee and the department court officer): • In person, • To a responsible message taker, or • Via an answering machine or voice mail 6.8.2 If the court or the Department requires an employee who makes an off-duty court appearance to also stand by on the same day(for that appearance and/or another one),the employee shall be entitled to receive pay for one of the following, whichever is greater: 6.8.2.1 The actual time in court (or the four-hour Off-Duty Court Appearance Time minimum, whichever is greater), plus the actual time standing by; or 6.8.2.2 The actual time standing by (or the four-hour Standby Time minimum, whichever is greater)plus the actual time in court. 6.9 Standby("On Call") Pay The City agrees to pay for court Standby Time(or other"On Call"time)on an hour-for-hour basis with a minimum of four(4)hours of regular pay. Court Standby Time shall begin to accrue as early as 8:30 a.m. or the court-requested show up hour, whichever is later, and shall continue no later than 5:30 p.m. In cases where the appearance is canceled (either directly by the court or through the Department), the employee must be personally notified of such cancellation by the Department no later than 6:00 p.m.of the 6 Mir APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE B-1-2007 THROUGH 7-31-2010 previous court day, or a guaranteed minimum of four (4) hours of Standby Time shall apply. "Personal" notification shall be defined as any one of the following (to be agreed upon in advance between the employee and the department Court Officer): In person, To a responsible message taker, or Via an answering machine or voice mail 6.10. Overtime/Compensatory Time Employees scheduled to work the 3/12.5 schedule shall be entitled to Overtime Payor compensatory time off at the rate of one and one-half (1'/)times the employee's hourly rate for: 1. Working more than their regularly scheduled hours on a given day or 2. Working more than 160 hours over a 28 day FSLA work period. Employees scheduled to work the 4/10 schedule shall be entitled to Overtime Pay or compensatory time off at the rate of one and one half(1'/)times the employee's hourly rate for all hours worked in excess of ten (10) hours in one work day or forty(40) hours within the employee's regular work week. For the purposes of this agreement, holiday pay, Sick Leave, and other compensated time off shall count for the hours. Compensatory time may be accumulated at the appropriate rate for each hour of overtime worked to the maximum accrual rate set by Federal law. Overtime pay or compensatory time off for overtime shall be accumulated in no less than fifteen (15) minutes per day increments. When an employee works less than fifteen minutes per day of overtime,the employee shall not receive compensatory time for such overtime. In order to be entitled to any compensation for overtime hours worked;such overtime work must have been authorized by the department head. Accumulated compensatory time not taken off in the pay period in which it was earned may be carried over up to a maximum of four hundred and eighty(480) hours (320 hours worked at time-and-one-half would equal 480 hours). The use of compensatory time will be granted in the same manner as vacation leave. 6.11. Special Assignments In addition to monthly basic pay, the following assignments, when made by the Chief of Police or his designee, shall receive two and one-half percent(2.5%): K-9 Officer Bicycle Patrol Officer In addition to monthly basic pay, the following assignment, when made by the Chief of Police or his designee, shall receive five percent(5%): Motor Officer In addition to monthly basic pay, the following assignments, when made by the Chief of Police or his designee, shall receive a minimum of ten (10) hours per month of Standby time, at the Premium rate (currently time-and-one-half): Detective SET Detective Gang Detective 7 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2007 THROUGH 7-31-2010 6.12. Shift Differential Employees assigned to the following shifts will be compensated for all hours worked as follows: For employees scheduled to work a 3/12.5 schedule: Night shift additional $1.08 per hour Cover shift additional $.54 per hour For employees scheduled to work a 4/10 schedule: Swing Shift additional $.54 per hour Morning shiftadditional $1.08 per hour Shift differential pay will not apply to individuals who are working either of the above shifts on an overtime basis, on a shift exchange or when called out due to an emergency. 6.13. Training Pay(Police Officer) For employees in the classification of Police Officer only, the City shall pay five percent,(5%)in addition to the base salary while assigned the duties of a Field Training Officer(FTO). 6.14. Training Pay(Corporal) For employees assigned to the classification of Corporal only,the City shall pay two and one-half percent (2.5%)in addition to base salary while assigned duties of a Field Training Officer(FTO). 6.15. Uniform Allowance The uniform allowance for"sworn"employees is $800 per year and will be paid by the City in November. At this time it is not subject to income tax withholding. 7. LEAVEIDAYS OFF 7.1. Bereavement Leave An employee may be permitted to take up to forty(40)hours Bereavement Leave in the event of the death of a member of his/her immediate family. "Immediate family" member is herewith defined as a mother, father, brother,sister,spouse,child,mother-in-law,father-in-law,grandparents or relative living within the employee's household. Persons in loco parentis may also be considered under certain circumstances. Such leave shall not be charged against the employee's Sick Leave or Vacation. In addition to Bereavement Leave, an employee may request up to twenty(20)hours of Sick Leave in the event of the death of an immediate family member. Such leave shall be charged against the employee's Sick Leave balance and shall be considered in calculating his or her ability to convert the balance. 7.2. Holidays(see also 6.6. Holiday Pay) 7.2.1. Designated Holidays The employee shall receive time off with pay for the following holidays but only if the employee is paid for the workday that precedes or follows the holiday. If a holiday falls on an employee's scheduled day off,the employee shall receive the holiday on the next scheduled business day. The dates upon which these holidays shall be observed are listed below: 8 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 5-1-2007 THROUGH 7-31-2010 Holiday Month 2007- 2008- 2009- 2008 2009 2010 Independence Day July 7` 6' 5' Labor Day Sept 3- 1' 7- Columbus Day Oct 8' 13' 12' Veteran's Day Nov 12' 11 11 Thanksgiving Day Nov 22 27 26 Christmas Day Dec 25 25 28` New Year's Day Jan 1 1 4- Martin Luther King Day Jan 21' 19` 18' President's Day Feb 18` 16` 15' Memorial Day May 26` 25' 31' 'indicates Monday 7.3 Worker's Compensation: A regular employee who is temporarily or permanently incapacitated as a result of injury or illness determined to be compensable under the Workers' Compensation Act shall be granted benefits in accordance with this act. 7.4. Personal Leave Thirty(30)hours Personal Leave may be taken by employee. Personal Leave is to be distinguished from Personal Business Leave in that it does not have particular requirements for its use and is not deducted from the employee's Sick Leave balance. An Employee Leave Request must be approved by the appropriate department head prior to the use of Personal Leave and such leave may not be carried over into the next fiscal year or cashed in if it is not used. Personal Leave shall be granted with due regard for the employee's wishes and the operational needs of the department. This Personal Leave is also to be considered similar to Vacation Leave in that an open shift can be filled with overtime coverage. 7.5. Sick Leave Sick Leave shall not be construed as a right,which an employee may use at his or her discretion, but shall be allowed only in case of necessity or actual sickness or disability. The Finance Department will analyze and report to the employees the amount of Sick Leave earned, less the amount used, and the net accrued during the calendar year. 7.5.1.Sick Leave During Probation Sick Leave may be taken during the probationary period but only in such amount as the employee would have earned if on permanent status. If the employee does not become permanent,all paid Sick Leave must be reimbursed to the City at the time of termination of employment or it shall be deducted from the employee's final paycheck. 9 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2007 THROUGH 7-31-2010 7.5.2.Reasons for Use of Sick Leave Sick Leave shall be granted for the following reasons: 7.5.2.1 Personal illness or physical incapacity. 7.5.2.2 Up to 120 hours per year for the illness of a member of the employee's immediate family (father, mother, sister or brother),.or members of the employee's household (husband, wife, and children)that require the employee's personal care and attention. Additional time, up to 12 weeks, could be approved by the department head when treatment for an illness, injury or condition which may be expected to be of long duration, has no reasonably predictable date of termination and requires continuous or intermittent care by the employee. 7.5.2.3 Enforced quarantine of the employee in accordance with Health Department regulations. 7.5.2.4 Medical, dental, and optical appointments. 7.5.2.5 Personal Business not to exceed a maximum of 37.5 hours during any one (1) year. Personal Business means those items of personal business that can only be taken care of during regular working hours of the employee. Personal Business Leave shall be approved or disapproved by the department head in accordance with this section. Departments are to use the earning code PB for this purpose. Personal Business shall be debited against the employee's Sick Leave balance but Sick Leave taken as Personal Business Leave shall not be taken into consideration for the purposes of the Sick Leave Cash-In program or with regard to employee performance evaluations. Employee shall give as much advance notice as reasonably possible when requesting Personal Business Leave. 7.5.2.6 In the foregoing circumstances, Sick Leave must be exhausted before compensatory time off or Vacation Leave may be converted to Sick Leave. 7.5.3. Restrictions on Sick Leave 7.5.3.1 Disability arising from any sickness or injury purposely self-inflicted. 7.5.3.2 Sickness or disability sustained while on leave of absence, other than regular Vacation Leave. 7.5.3.3 Disability or illness arising from compensated employment other than with the City. 7.5.4. Accrual and Use For employees hired prior to January 1, 2006, Sick Leave with pay shall accrue at the rate of ten . hours per month for each calendar month of paid employment, with unlimited accumulation. Sick Leave shall not be taken in units of less than one-half hour. For employees hired on or after January 1,2006, Sick Leave with pay shall accrue at the rate of ten hours per month for each calendar month of paid employment. No more than 960 hours of sick leave may be accrued. Balances accrued over 960 hours will be paid out annually at a rate of 25% as a wellness bonus. 10 7-1 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2007 THROUGH 7-31-2010 7.5.5. Sick Leave Donation Policy Employees shall be eligible for sick leave donation from co-workers in accordance with the City's policy. 7.5.6. Sick Leave During Vacation If an employee becomes ill or injured while on vacation, he or she may, by completing an Employee Leave Request Form, use accrued Sick Leave time in lieu of vacation time for the period of disability. 7.5.7. One-Fourth Conversion If the employee has used more than thirty (30) hours, but not more than sixty (60) hours of Sick Leave, excluding time spent on personal business or bereavement, he or she would have the following options: 7.5.7.1 Carry over the accrual and add it to his or her Sick Leave balance. 7.5.7.2 Convert,only to the extent that his/her balance is more than zero at the beginning of the new year,one-fourth of the accrual to Vacation or convert one-fourth to cash(but no combination of these two); unused, unconverted leave would then be added to the employee's Sick Leave balance. 7.5.8. One-Third Conversion If the employee has used no more than thirty (30) hours of Sick Leave, excluding time spent on personal business or bereavement, he or she would have the following options: 7.5.8.1 Carry over the accrual and add it to his or her Sick Leave balance. 7.5.8.2 Convert,only to the extent that his/her balance is more than zero at the beginning of the new year, one-third of the accrual to Vacation or convert one-third of it to cash (but no combination of these two); unused or unconverted leave would then be added to the employee's Sick Leave balance. 7.5.9. Conversion Deadline A decision to convert Sick Leave according to the policies stated shall be made by March 31. 7.5.10. Conversion to Cash Upon Separation Upon separation due to death(if he or she had attained permanent status)the employee's estate may receive fifty percent(50%) of his or her accrued Sick Leave balance in cash. Upon disability retirement with at least five(5)years of service with the City of Azusa, the employee may convert fifty percent(50%)of his or her accrued Sick Leave balance to cash. Upon voluntary separation with less than ten(10)cumulative years of sworn safety service with the City of Azusa Police Department,the employee may convert fifty percent(50%)of his or her accrued Sick Leave balance to cash for hours in excess of three-hundred twenty(320)hours to a maximum payment of two hundred forty(240)hours. Upon voluntary retirement with at least ten(10)years of City service,the employee may convert fifty percent(50%) of his or her accrued Sick Leave balance to cash. Upon voluntary separation with at least ten(10)cumulative years of sworn safety service with the City 11 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2007 THROUGH 7-31-2010 o of Azusa Police Department,the employee may convertfifty percent(50/a)of his or her accrued Sick Leave balance to cash. Upon voluntary separation with at least twenty-five(25)cumulative years of sworn safety service with the City of Azusa Police Department,the employee may convert one hundred percent(100°/x)of his or her accrued Sick Leave balance to cash. 7.5.11. Conversion to Service Credit Upon Retirement Pursuant to the terms of the City's contract, as amended, with the Public Employees' Retirement System,upon voluntary retirement the employee may convert 100%of his or her accrued Sick Leave balance, less any amount converted to cash under the provisions of 7.5.10., to retirement service credit. 7.6. Vacation Leave 7.6.1. Required Usage and Carryover Vacation Leave will be credited on a"pay-per-period"basis. Employees shall be required to use one half('/2) of their annual Vacation accrual yearly and shall be able to carry over one half('/)of one year's Vacation accrual from one year to the next, cumulatively, up to a maximum of fifty two(52) times the then-current pay period rate of vacation accrual. Existing balances over the limit shall be paid off during the term of this Memorandum of Understanding based on a payoff schedule determined by the employee. Such excess vacation accrual may also be taken as time off if approved by management. Effective 8-1-2000,employee with more than the maximum amount will not continue to accrue additional Vacation Leave, but will receive cash each pay period in lieu of Vacation Leave until balance falls below maximum time allowed. Employee may direct payoff to deferred compensation within the legal limits. 7.6.2. Accrual Vacation Leave shall accrue as follows: Through the 4th year of employment.......90 hours per year Through the 5th year of employment......120 hours per year Through the 6th year of employment......128 hours per year Through the 7th year of employment......136 hours per year Through the 8th year of employment......144 hours per year Through the 9th year of employment......152 hours per year Through the 10th year of employment......160 hours per year Through the 11 th year of employment......168 hours per year Through the 12th year of employment......176 hours per year Through the 13th year of employment......184 hours per year Through the 14th year of employment......192 hours per year Through the 15th year of employment......200 hours per year Through the 16th year of employment......218 hours per year In addition to the above, sworn shift personnel shall accrue forty(40)additional hours per year in lieu of holidays. 12 7 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2007 THROUGH 7-31-2010 8. CLOTHING DAMAGE REIMBURSEMENT If, in the course of business, an office employee's personal clothing or effects are accidentally damaged or destroyed, the employee may submit a claim for reimbursement up to one hundred dollars ($100) to the City's Safety Committee. The committee shall have the authority to investigate the claim and recommend to the City Manager, or his designee, to pay the full amount of the claim, deny the claim, or apportion the claim based on normal wear and tear of the item and/or the extent of the employee's negligence in following proper safety procedures. It is expressly understood that stockings and socks are exempt from this procedure. It is further expressly understood that prescription eyeglasses or contact lenses and hearing aid devices are exempt from the one hundred dollar($100)limit. 9. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM 9.1. The Computer and Home Exercise Equipment Loan Plan described below shall be made available to full time regular employees. Eligibility is limited to employees who have completed their initial probation period with the City. 9.2. The equipment configuration shall be appropriate to the employee's position and career with the City. 9.3. It is the employee's responsibility to negotiate the price for the equipment and to bring a copy of the order/quote to the City for approval prior to purchase. 9.4. The employee shall apply for a loan with the City on a City provided loan application. If the employee qualifies, the City will fund the loan on an interest free basis. Loan payments must be by payroll deduction. Each loan payment period shall not exceed two years and the aggregate value of all loan(s)shall not exceed $5,000 per employee. In order for an employee to receive a loan under the Plan for equipment upgrades for purchase of equipment components, the employee must certify that he/she already owns the remaining components required to constitute a computer system. 9.5. Any remaining loan balance must be paid in full at time of separation of employment. Payment will be made directly and/or by deduction from the last paycheck. In the event an outstanding balance remains, the employee is responsible for making payment arrangements. The failure to make full payment will obligate the employee to pay the City's attorneys fees in any restitution process. 10. DISABILITY INSURANCE(SHORT/LONG TERM) 10.1. The City shall maintain in effect for the term of this agreement a disability plan covering employees set forth herein. Said plan shall provide an employee with a maximum of two-thirds(2/3)of his/her base salary. . An employee may utilize his/her accrued Sick Leave, Vacation Leave and/or compensatory time to supplement the disability insurance payment so as to receive 100%of his/her base salary. The plan includes the following: 10.1.1. Provides 66.67% of the employee's monthly salary; 10.1.2. Commences after a 30 calendar day waiting period and provides a benefit to age 65; 10.2. For the first 30 days of non-job related illness or injury, the employee will use accrued Sick Leave, compensatory time or Vacation Leave; The employee will be allowed to use accrued Sick Leave in conjunction with the disability plan to provide for a full paycheck; At no time will an employee receive more than 100% of his or her base pay; 13 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2007 THROUGH 7-31-2010 10.2.1. The premium will be added to the employee's gross pay and deducted from the net pay so as to make the benefits exempt from further taxation. 11. EMPLOYEE ASSISTANCE PLAN Association employees will be eligible for the City's Employee Assistance Plan. 12. FLEXIBLE BENEFIT PLAN 12.1. Definition Effective August 1, 1993,the Citys existing Cafeteria Benefit Plan(CBP)was converted to an IRS Section 125 Flexible Benefit Plan (FBP) administered by either the City or its designee. 12.2. Amount of Monthly Benefit Effective August 1, 2007, the City will maintain the Flexible Benefit Plan at one thousand one hundred thirty seven dollars($1,137) per month for each employee. This plan can be used by the employee to pay, to the extent available, for qualified benefits as determined by the IRS. The employee understands that, in the event the total premiums and/or expenses for qualified benefits selected by him/her exceed the amount of the FBP; the excess shall be deducted from pre-tax wages of the employee. 12.2.1. Yearly Increase Effective January 1, 2008, the City will increase the Flexible Plan contribution in an amount equal to the average percentage increase for the basic plan premium for Health Maintenance Organizations(HMOs) under the CalPERS insurance program, not to exceed 8 percent. Effective January 1, 2009,the City will increase the Flexible Plan contribution in an amount equal to the average percentage increase for the basic plan premium for Health Maintenance Organizations(HMOs) under the CalPERS insurance program, not to exceed 8 percent. Effective January 1, 2010,the City will increase the Flexible Plan contribution in an amount equal to the average percentage increase for the basic plan premium for Health Maintenance Organizations(HMOs) under the CalPERS insurance program, not to exceed 8 percent. 12.3. Eligibility In order for an employee to be eligible for the FBP in any given month, he/she must be on payroll on the first work day(excluding recognized paid City holidays)of that month. A new employee will be eligible for the full FBP applicable to his/her bargaining unit if he/she begins work on the first work day(excluding recognized paid City holidays)of the month. An employee whose date of hire is on the second work day(excluding recognized paid City holidays)of the month or thereafter will not be eligible for the FBP for that month. If an employee does not meet the qualifying work time in any given month, arrangements must be made with the Finance Department to reimburse the City for any benefits that have already been paid out on the employee's behalf for that month. The Finance Department will notify the employee if he/she has not met the qualifying work time for eligibility for the FBP. 14 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE B-1-2007 THROUGH 7-31-2010 12.4. Termination The City will not be responsible for payment of any qualified benefits on behalf of the employee following the month of termination. If an employee represented by the Association wishes to continue his/her qualified benefits,advance payment for such qualified benefits will be deducted from the employee's final pay. 13. LIFE INSURANCE The City shall provide group life insurance to all Association members in an amount of coverage one times the member's annual earnings. 14. OUTSIDE EMPLOYMENT Outside employment will be permitted, provided that the outside employment is consistent with moral & ethical guidelines established by the Chief of Police and the Association and that the employee,priorto accepting outside employment, signs an agreement, which: 14.1 Acknowledges that said employment is outside the course and scope of the employee's employment with the City of Azusa and that said employment is not for the benefit of the City of Azusa; and 14.2 Releases, indemnifies, and holds the City of Azusa, its agents and employees harmless for any liability, whatsoever, arising out of said employment, including but not limited to, injury or damage to the employee, and 14.3 Acknowledges that the City will have no responsibility or obligation, whatsoever, to provide a legal defense as a result of any outside employment engaged in by employee. 15. PHYSICAL EXAMINATIONS The City will continue to provide annual physical examinations, for all sworn officers, on a voluntary basis. 16. RETIREMENT The City shall continue the highest level of the 1959 survivor benefit. The City shall continue to pay both the "employee"and"employer"share of the cost. If the City's rate for providing the 3%@ 50 benefit is decreased by CalPERS, the City agrees to reopen discussions with APOA over any savings realized by the City; provided, however, the City is under no obligation, whatsoever, to grant an increase in wages or benefits as the result of reopening under this section. 16.1 Optional Benefits 16.1.1 The Citys contract with CalPERS includes the additional benefit of Service Credit for Unused Sick Leave. 16.1.2 The City's contract with CalPERS includes participation in the two-year Golden Handshake program as authorized by the State Legislature. The availability of this benefit shall be within the discretion of the City Council. 16.1.3 The City s contract with the CalPERS includes the Employer-Paid Member Contribution in base pay during the final compensation period. 16.1.4 CalPERS Service Credit for Military Service The CaIPERS Military Service Credit Purchase Assistance Plan described below shall be made 15 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2007 THROUGH 7-31-2010 available to full time regular employees who have completed their initial probation period with the City. The City's contract with CaIPERS includes the provisions of Section 21024,Military Service Credit as Public Service. Eligible employees with qualifying military service can contact CaIPERS and arrange to be billed for the service credit(CaIPERS'estimate is$5,000 per year of service). The City shall reimburse the employee for 25% of the amount of the bill. If desired,the employee may apply for a loan from the City for the remaining 75%. The employee shall apply for the loan on a City-provided loan application. If the employee qualifies, the City will fund the loan on an interest-free basis. Loan payments must be by payroll deduction. Each loan payment period shall not exceed six years. The City may require collateral. Any remaining loan balance must be paid in full at the time of separation of employment. Payment will be made directly and/or by deduction from the last paycheck. In the event an outstanding balance remains, the employee is responsible for making payment arrangements. The failure to make full payment will obligate the employee to pay the City's attorneys fees in any restitution process. 16.2. CaIPERS Retirement Planning Seminar Employees who are in their"final compensation period"for CaIPERS purposes shall be allowed to attend one nearby CaIPERS retirement planning/information seminar at City expense and on City time. Such attendance shall be considered to be a training expense chargeable to the employee's"home"division. 16.3. Health Insurance During Retirement Beginning with the first month after retirement, for Association employees who, at the time of retirement from the City of Azusa, have attained the age of fifty(50)and have at least twenty(20)cumulative years of sworn safety service with the City of Azusa Police Department, the City will pay until the employee passes away,an amount equal to the single-coverage premium in the employee's comprehensive health insurance plan.The amount of the City's contribution shall vary,up or down,depending upon the employee's choice of health insurance carrier and its periodic changes in its rates.The minimum contribution that the City pays directly to CaIPERS shall be considered to be part of the portion paid by the City. If a retired employee maintains health insurance other than a CaIPERS plan, the maximum amount the City will pay for the insurance premium will not exceed the single premium for the PERS Care plan. 16.3.1 — Spousal Option — In lieu of receiving the single coverage identified in section 16.3 a retiree who qualifies for single coverage may opt to select a less expensive plan, and use the differential toward health coverage for the spouse. If the retiree selects this option the total contribution by the City that may be used for the retiree and spouse can be no greater than the single-coverage premium for the L.A./Orange County Sectors(as provided by PERS)PERS Care plan. The City contribution is to be used for health insurance premiums only. There is no cash out option. This option may be selected or deselected at anytime during retirement. 17. LEAVE BANG( FOR APOA BOARD MEMBERS: Effective the month immediately following the ratification of this contract,the City agrees to initiate and maintain a leave bank of 280 hours per fiscal year that maybe used by APOA Board Members for APOA business. Requests for leave,which utilizes this bank, must be approved in advance by police management under the same conditions as vacation and compensatory time. After the second pay period after ratification of the contract, each APOA member will automatically donate sufficient vacation hours in order to build a bank of 280 hours. During the second year of the contract and every year thereafter,donations will be made during the first pay period 16 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2007 THROUGH 7-31-2010 in February. Finance staff will convert the hours to a dollar value based upon the base pay rate of the donors. The total dollars thus calculated will be placed in a separate account to be drawn upon by the Board members. Use of such time will be paid to Board members at their current base pay rate. In no case shall the Board as a whole exceed 280 hours of use in a fiscal year. When funds are exhausted prior to the end of a fiscal year, the program will be discontinued until the subsequent fiscal year. Any cash balance from donations in a fiscal year remaining after the use of 280 hours in that fiscal year shall be carried over to be used in the subsequent fiscal year. 18. SAFETY EQUIPMENT The City will provide safety equipment for new em ployees and will replace wom safety equipment for current sworn employees as required by the department head. 19. TUITION REIMBURSEMENT 19.1..Objective The tuition reimbursement program is designed to encourage employees to continue their self-development by enrolling in approved classroom courses, which will: 19.1.1. Educate them in new concepts and methods in their occupational field and prepare them to meet the changing demands of their job. 19.1.2. Help prepare them for advancement to positions of greater responsibility in the City of Azusa. 19.2. Eligibility 19.2.1. All regularly appointed employees are eligible to receive tuition reimbursement. Courses must commence after appointment and be in excess of the educational standards for the position. An example of this would be job-related college or university courses when the specification for the classification calls for high school graduation. 19.2.2. Courses must be(except where noted in paragraphs 19.3.3 and 19.3.4.)traditional classroom courses taken at colleges or universities and approved by the Western Association of Schools and Colleges or approved mail correspondence or internet courses. Distance learning classes offered by such colleges and universities shall be covered by this provision Credits given for non-classroom assignments such as life experience, military training,and professional training are not reimbursable. 19.2.3. Coursework must be related to the employee's current occupation or to a City classification to which the employee may reasonably expect promotion within the next five years. 19.3. Courses may be eligible if they: 19.3.1. Are above the educational requirements of the position as noted in the position specification and are not taken to acquire skills, knowledge and abilities which the employee was deemed to have when appointed the position. 19.3.2. Do not duplicate training which the employee has already had or which is to be provided in-house. 19.3.3. Do not duplicate previously taken courses unless special approval has been granted by the department head and the Human Resources Division. 19.3.4. Are required for the completion of the pre-approved job-related major. An example would be general education or elective requirements for the major as stated in the school catalog. 17 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2007 THROUGH 7-31-2010 Remedial courses or those taken as required for a non-approved major shall not be eligible. 19.3.5. Include completed engineering review courses taken at accredited institutions for which an academic grade or units of academic credit are not given. These courses must prepare candidates for a certificate, license or registration issued by the California Board of Registration for Professional Engineers.The employee must receive the certificate or license from this Board to be eligible for reimbursement,which will be granted for a maximum of 2 courses per certificate, license or registration. 19.3.6. Lead to a City-approved certificate, license or registration. Reimbursement may be made for any examination fees required to successfully obtain the certificate, license or registration. Reimbursement for eligible expenses will be made after obtaining the license, certificate or registration. 19.3.7. Are not taken on City time and must be certified that they are taken on the employee's off-duty time. 19.3.8. Are part of a bona-fide curriculum of the study of a foreign language for which the City pays an incentive. 19.3.9. Have been approved by the Department Head and the City Manager or his/her designee before commencement of the class. 19.4. Reimbursement 19.4.1. The City shall reimburse employees for tuition, registration fees,and texts required for the eligible courses. Expenses for parking,travel, and meals,processing fees,transcript fees,materials and any other costs are not reimbursable. 19.4.2. The annual tuition reimbursement amount will be capped at an amount equal to the Cal State Fullerton rate for full-time students as of September 1 in a given year;this cap shall stay constant through August 31 of the proceeding year.For tuition reimbursement purposes the eligible school year shall be defined from September 1 through August 31, regardless of when actual reimbursement payment is processed. 19.4.3. In order to be reviewed,each application must state exactly which units or credits the employee is applying for and whether the courses submitted are core courses or recommended electives for the approved major. 19.4.4. Reimbursement shall be made upon completion of the course with a minimum final grade of"C" or its equivalent, i.e., a pass in a pass/fail course will be considered equivalent to a "C." No reimbursement shall be made for audited or incomplete courses. 19.4.5. Employees must submit from the attendant institution an original certification of fees paid and grade achieved in order to have their application considered for reimbursement. These documents must accompany the reimbursement application form in order to be processed. 19.4.6. Application for reimbursement must be submitted within three months of the completion of the approved course in order to be considered for reimbursement. 19.4.7 Upon separation from employment, employees shall be required to reimburse the City for any funds received under this program for courses completed during the last 24 months of employment. This payback provision does not apply to employees laid off by the City or who separate as a result of a City/departmental reorganization. 20. POLICIES 18 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2007 THROUGH 7-31-2010 Attendance, Reasonable Suspicion and Sick Leave Donation Policies will be discussed further in ad hoc committee consisting of management representatives and a representative of each employee organization. 19 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2007 THROUGH 7-31-2010 AZUSA POLICE OFFICERS ASSOCIATION Dieter Dammeier, APOA General Counsel Date Peter Hoh, President Date Terry Smith, , Vice President Date Jerry Jarrett, Secretary[Treasurer Date Louie Hernandez, Board Member Date Tommy Avila, Board Member Date Rocky Wenrick, Board Member Date Michael Bires, Board Member Date CITY OF AZUSA Sonia Carvalho, Best Best& Krieger Date F.M. Delach, City Manager Date Alan Kreimeier, Administrative Services Director/CFO Date Kermit Francis, Interim HR Director Date 20 APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 5-1-2007 THROUGH 7-31-2010 INDEX Acting Employee(3) Bereavement Leave(8) Bicycle Patrol Officer(7) Bilingual Pay(4) Callout (4) Clothing Damage Reimbursement(13) Compensatory Time(6) Computer and Home Exercise Equipment Loan Program (13) Deferred Compensation (4) Detective(7) Disability Insurance(13) Educational Incentive Pay(4) Employee Assistance Plan (14) Flexible Benefit Plan (14) Amount of Monthly Benefit(14) Termination (14) Yearly Increase(14) Gang Detective (5) Holiday Pay(See Also 6.2. Holidays)(5) Holidays (8) K-9 Officer(7) Leave/days off(8) Life Insurance(14) Longevity Pay(5) Motor Officer(7) Off Duty Court Appearance Time(6) Overtime/compensatory Time (6) Personal Leave (9) Physical Examinations (15) Salary(3) Automatic Payroll Deposit(4) SET Detective(7) Shift Differential (8) Sick Leave (9) Accrual and Use (10) Conversion Deadline(11) Conversion to Service Credit upon Retirement(12) One-fourth Conversion (11) One-third Conversion (11) Reasons for Use of Sick Leave(10) Restrictions on Sick Leave(10) Sick Leave Donation Policy(11) Sick Leave During Vacation(11) Sick Leave During Probation (9) Special Assignments(7) Standby("On Call") Pay(6) Term of Memorandum of Understanding (1) Training Pay(8) Corporal (8) Police Officer(8) Tuition Reimbursement(16) Eligibility(17) i HPOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2007 THROUGH 7-31-2010 e Eligible Courses(17) Objective(16) Reimbursement (18) Uniform Allowance(8) Vacation Leave (12) Accrual(12) Required Usage and Carryover(11) Work Week(2) Work Week and Timekeeping Interval(2) Workday(2) Worker's Compensation (9) ii ' N CONSENT CALENDAR ITEM TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES VIA: F. M. DELACH, CITY MANAGER �lM� DATE: OCTOBER 1 , 2007 SUBJECT: NOTICE OF COMPLETION FOR CONSTRUCTION OF THE PIONEER PARK GAZEBO SHELTER PROJECT 1N THE AMOUNT OF $93,299.84 RECOMMENDATION: It is recommended that City Council approve the Notice of Completion for the construction of the Pioneer Park Gazebo Shelter Project as completed by AH Contractors and Heisler Landscaping Inc. in the amount of $93,299.84 and authorize staff to file the Notice of Completion with the Los Angeles County Clerk. BACKGROUND: The project was approved by City Council as a part of the 2006-2007 Capital Improvement Project budget. The Council later approved a re-appropriation of $25,000 in Quimby Funds in a budget amendment on January 16, 2007. The total project budget was $86,174 (acct. #22-88- 000-410-7120/41007G). 22-88- 000-410-7120/410076). The project sustained the (2) change orders listed below and was also augmented with security lighting, replicating the security lighting successes recently incorporated into the Gladstone Park and Slauson Park Picnic Shelter Projects. These additional amenities to the project were funded through Recreation and Family Services Department Parks Division Land Improvements (acct. #10-25-420-000-6805). Change Order Contractor Amount Em lanation justification #1 AH Contractors $4,000 Add concrete work An additional concrete pad was placed on site for BBQ, serving table and trash receptacles. #2 Heisler $1,200 Unanticipated Equipment was necessary to remain on Landscaping equipment rental site due to unanticipated delay in fees project after City inspection forced additional manufacturingcompliances. TOTAL $5,200 FISCAL IMPACT: The total cost of the project was $93,299.84. The majority of the project was funded through (act. #22-80-000-410-7120/41007C) which included State of California funds (Prop. 12 and Prop.40) and Quimby Funds. The remaining funds ($7,125.84) were funded through Recreation and Family Services Department Parks Division (land improvements, acct. #10-25-420-000- 6805). /dls 07-102 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: r NAME Azusa City Clerk STREET ADDRESS 213 E.Foothill Blvd. CITY,STATE& Azusa,CA 91702 Zm CODE L NOTICE OF COMPLETION . Notice pursuant to Civil Code Section 3093,must be filed within 10 days after completion.(See reverse side for Complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is The City of Azusa 3. The full address of the owner is 213 E.Foothill Blvd.,Azusa,CA 91702 4. The nature of the interest or estate of the owner is:In fee. IIF OFFER THAN MI.STRIES"IN IEE-AND INSERT.FOR E%AMPIE."PURCHSER UNDER CONTRACT OF PURCH. '.OR-IMSEE") 5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. The full names and full addresses of the predecessors in interest of the undersigned,if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES 7. A work of improvement on the property hereinafter described was completed on September 19,2007. 8. The name of the contractor,if any,for such work of improvement was: AH Contractors and Heisler Landscaping. (IF NO CONTRACTOR FDR WOR OF IMPROVEFffNT AS A WHOIE.INSERT"NONE- (DATE OF CONTACT) 9. The property on which said work of improvement was completed is in the City of Azusa County of Los Angeles ,State of CA ;and is described as follows:Gazebo Shelter Project. . 10. The street address of said property is Pioneer Park,1360 N.Dalton Street,Azusa. Joe Rocha, Mayor Dated: 10/1/07 (SIGNATURE OF OWNER OR CORPORATE OFFICER OF OWNER N IN PARAGRAPH 2 OR HIS AGEm') VERIFICATION I,the undersigned,say:I am the the declarant of the foregoing notice of completion; I'FRFSIDENf OF^,"MANAGER OF'."PARTNER OF.'O WNFR OF,ETC) I have read said notice of completion and know the contents thereof;the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on at (CITY) (STATE) (PERSONAL SIGNATURE OF THE INHN UAL WHO IS SWEARING TAF THE CONTENTS OF THF NOTICE OF COMPLETION ARE TRUE.) �,OFq'ZG Iry U AGENCY CONSENT ITEM TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: MARCENE HAMILTON, REDEVELOPMENT AGENCY TREASURER� e'v" 6 ✓ DATE: OCTOBER 1, 2007 SUBJECT: REDEVELOPMENT AGENCY OF THE CITY OF AZUSA TREASURER'S STATEMENT OF CASH BALANCES FOR THE MONTH OF AUGUST 2007 RECOMMENDATION It is recommended that the Agency Members receive and file the Agency Treasurer's Statement of Cash Balances for the Redevelopment Agency of the City of Azusa for the month of August 2007. BACKGROUND Transmitted herewith is the Agency Treasurer's Statement of Cash Balances for the Redevelopment Agency of the City of Azusa ("Agency") for the month of August 2007. Agency investments are made in accordance with the Redevelopment Agency Investment Policy approved and adopted with Resolution No. 07-R18 dated June 18, 2007, and Government Code Section 53601. Investment activity is summarized in the "Treasury Book Balances-Cash and Investments" schedule, attached herewith and an integral part of this report. In August, Agency cash and investment balances decreased by $5,709,956.86. Cash received during the month totaled $3,100,760.04, and disbursements of $8,810,716.90 were made. Disbursements made paid the debt service on the Agency's tax allocations bonds. The Agency is the issuer of several Merged Project Tax Allocation Bonds. Of the total cash and investments of $18,564,459.43, Wells Fargo Bank, the fiscal agent, held $8,251,650.85 on behalf of the Agency. These funds are restricted for payment of debt service on the bonds and special bond-funded projects. The remaining $10,312,808.58 was available for Agency operating, debt service, restricted expenses, and outstanding liabilities. FISCAL IMPACT The balance of cash and investments and projected revenues for the next six months is expected to be sufficient to meet cash disbursement requirements for at least the next six months. Prepared by: Roseanna J.Jara,Sr.Acct.-Redevelopment MH:RJJ/cs CITY OF AZUSA REDEVELOPMENT AGENCY AGENCY TREASURER'S STATEMENT OF CASH AND INVESTMENT BALANCES AUGUST 2007 Beginning Cash Balance $24,274,416.29 (All Restricted and Unrestricted Accounts & Investments) Receipts (All Sources) 3,100,760.04 Disbursements (8,810,716.90) Ending Cash Balance $18,564,459.43 (All Restricted and Unrestricted Accounts & Investments) Marcene Hamilton, Agency Treasurer ti CITY OF AZUSA REDEVELOPMENT AGENCY TREASURY BOOK BALANCES -CASH AND INVESTMENTS AUGUST 2007 Maximum Deposits Cost Interest Mkt Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value* CASH AND INVESTMENTS HELD BY AGENCY TREASURER Wells Fargo Bank Government Checking No limit $2,841,191.19 FDIC up to$100,000.00 Ongoing 0.000% $2,841,191.19 >$100,000 collaterized by 110%in govn't securities Securities-Federal Home Loan Note No Limit 2,000,000.00 Backed by faith&credit of Federal Home Loan Bank(FHLB) 02/27/09 4.200% 1,979,380.00 Local Agency Investment Fund(LAIF) $20,000,000.00 5,471,617.39 Backed by faith&credit of the State of California Ongoing 5.253% 5,469,127.92 SUBTOTAL CASH AND INVESTMENTS HELD BY AGENCY TREASURER: $10,312,808.58 - $10,289,699.11, Interest Collections: $42,000.00 CASH AND INVESTMENTS HELD BY FISCAL AGENT WELLS FARGO BANKS, FISCAL AGENTS 1997 Merged Protect Tax Allocation Bonds 1997A Special Fund Wells Fargo Treasury Plus/MMkt No limit $0.00 N/A Ongoing 0.000% $0.00 1997 Merged Project Tax Allocation Bonds Subtotal: $0.00 $0.00 Interest Collections: $283.57 2003 Merged Prolect Tax Allocation Bonds 2003A Special Fund AIM Gov't Portfolio No limit 25,758.60 Investments in direct obligations of the U.S.'Treasury Ongoing 4.930% 25,758.60 2003A Interest Account _ AIM Gov't Portfolio No limit 132.30 Investments in direct obligations of the.U.S.Treasury Ongoing 5.290% 132.30 2003A Principal Account AIM Gov't Portfolio No limit 294.05 Investments in direct obligations of the U.S.Treasury Ongoing 4.760% 294.05 CITY OF AZUSA REDEVELOPMENT AGENCY TREASURY BOOK BALANCES -CASH AND INVESTMENTS AUGUST 2007 Maximum Deposits Cost Interest Mkt Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value* 2003A Reserve Account AIM Gov't Portfolio No limit 0.00 Investments in direct obligations of the U.S.Treasury Ongoing 0.000% 0.00 AIG Matched Funding Corporation No limit 1,085,192.59 Guaranteed Investment Agreement 07/29/23 4.780% 1,085,192.59 2003 Merged Project Tax Allocation Bonds Subtotal: $1,111,377.54 $1,111,377.54 Interest Collections: $537.03 2005 Merged Protect Tax Allocation Bonds 2005 Special Fund Wells Fargo Advantage Gov't Mmkt No limit $20,577.91 N/A Ongoing 4.920% $20,577.91 2005 Interest Account Wells Fargo Advantage Gov't Mmkt No limit 116.53 N/A Ongoing 5.150% 116.53 2005 Redevelopment Fund AIM Gov't Portfolio No limit 0.00 Investments in direct obligations of the U.S.Treasury Ongoing 0.000% 0.00 AIM Institutional Prime-Cash Mgmt/MMk No limit 1,497,743.41 N/A Ongoing 5.210% 1,497,743.41 2005 Reserve Account Wells Fargo Advantage Gov't Mmkt No limit 0.00 N/A Ongoing 0.000% 0.00 MBIA Flexible Draw Investment Agreement No limit 869,710.38 Guaranteed Investment Agreement 08/01/34 4.765% 869,710.38 2005 Merged Project Tax Allocation Bonds Subtotal: $2,388,148.23 $2,388,148.23 Interest Collections: $18,504.91 2007 Merged Protect Tax Allocation Bonds 2007A Bond Fund Wells Fargo Advantage 100%Treasury Mmkt No limit $283.56 N/A Ongoing 2.581% $283.56 2007A Redevelopment Fund Wells Fargo Advantage 100%Treasury Mmkt No limit $4,406,105.80 N/A Ongoing 4.315% $4,406,105.80 2007A Cost of Issuance Account - t CITY OF AZUSA REDEVELOPMENT AGENCY TREASURY BOOK BALANCES -CASH AND INVESTMENTS AUGUST 2007 - Maximum Deposits Cost Interest Mkt Bank Accounts Allowed Amount Pledged Securities Maturity Rate Value' Wells Fargo Advantage 100%Treasury Mmkt No limit 14,580.39 N/A Ongoing 6.696% 14,580.39 20078 Reserve Fund Wells Fargo Advantage 100%Treasury Mmkt No limit 325,081.67 N/A Ongoing 4.315% 325,081.67 20078 Cost of Issuance Account Wells Fargo Advantage 100%Treasury Mmkt No limit 6,073.66 N/A Ongoing 5.506% 6,073.66 2007B Escrow Fund-1997 T.A.Bonds Cash No limit 0.00 N/A Ongoing 0.000% 0.00 2007 Merged Project Tax Allocation Bonds Subtotal: $4,752,125.08 $4,752,125.08 Interest Collections: $570.01 SUBTOTAL CASH AND INVESTMENTS HELD BY FISCAL AGENT: $8,251,650.85 $8,251,650.85 Total -Azusa Redevelopment Agency Cash and Investments: $18,564,459.43 $79,541,349.96 Total Interest Collections: $61,895.52 Source of Market Value Information: Wells Fargo Corporate Trust,Trustee Local Agency Investment Fund(LAIF) Wells Fargo Institutional Securities TaxAllocation Bond Data is based on Trustee-generated Statements;bond funds listed herein are restricted for payment of debt service and governed by - strict regulations described in the Trust Indentures. , 'Market Value is the current price at which a security can be traded or sold. WARRANT REGISTER NO. 04 FISCAL YEAR 2007-08 WARRANTS DATED 8/16/07 THROUGH 8/31/07 0000 FOR REDEVELOPMENT AGENCY MEETING OF 10-01-07 RESOLUTION NO. ve 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-REDEVELOPMENTADMINISTRATION FUND $ 24,531.95 80-125-CBD CAPITAL PROJECTS FUND 43,794.44 80-135-WED CAPITAL PROJECTS FUND 6,685.00 80-185-RANCH CAPITAL PROJECTS FUND 80-165-618-2005 TAX ALLOCATION BONDS FUND 81-155-TAX INCREMENT SET-ASIDE FUND 82-125-CBD DEBT SERVICE FUND 82-135-WED DEBT SERVICE FUND 82-185-RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: $ 75.011.39 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 WCity of Azusa HP 9000 09/27/07 O P E N H O L D D B LISTING, By Entity Nave Page 1 SEP 27, 2007, 8:47 PM ---rttj: MSE-------leg: (M JL,--loc: BI-Tr7�-I---]db: 538983 #J1200---pgn: CE400 <1.34> rpt id: C14FLM02 SE= FUD Clxbs: 80-82 ; GL Posting Dates: 070107-063008 Check Issue Dates: 081607-083107 PE ID PE Nage AO= NUvEER / JCB NUvEER Invoice Mffber Inscription St Disc. Ant. Dist. Ant. V10164 ARMIA PROPEM 8010125000-6815 32036 FY 07/08 RASEH M PD 0.00 612.00 PEIDjDaid: 612. 00 Total: 612.00 V05613 AT&T 8010110000-6915 072407 626-3345464/0517 PD 0.00 7.02 PEID TIM 0.00 Paid: 7.02 pp Tbtal: 7.02 V017 ED 0.00 240.88 V01305 AZUSA CTTY FFD C 8000000000-3035 2610/07010187 F4177/07 PD 0.00 240.88 . PEID d: 0.00 Paid: 481.76 Total: 481.76 V00355 Aa)SA PAMUM AC 8000000000-3003 FR1807 Taxes F.Mble/F7 PD 0.00 557.78 V00355 AZLFA PAMRML AC 8000000000-3001 PR1807 Tis Pb Wi FD 0.00 3,303.63 V00355 AZLFA PA ?= AC 8000000000-3005 PR1707 Taxes Pblft PD 0.00 11156.57 V00355 AaM PAYROLL AC 8000000000-3003 PR1707 Tis pPi�ble FI AO 0.00 608.56 V00355 A= PAYROLL AC 8000000000-3001 PR1707 Taxes Pb 1 PD 0.00 3,848.86 V00355 AZUSA PA.vmrr, AC 8000000000-3005 FR1807 Taxes &bl/Withhe PD 0.00 1,001.69 PEID ���r d: 0.00 Paid: 10,477.09 Total: 10,477.09 V09848 CALSFUNIA CJ4vE 8010125000-6399/505800-6399 03:7702 A2&A3 CU^IIL APPR PD 0.00 11,400.00 V09848 CA.LSFUNIA 03vPE 8010125000-6399/505800-6399 CCP.7705 A2&A3 G39 L APPR PD 0.00 11,400.00 PEID Umdd: 0.00 . Pai : 22,800.00 ` Total: 22,800.00 V00353 CSS 8000000000-2728 08073 PERS Payable PD 0.00 3,630.36 V00353 CALPFRS 8000000000-3070 08073 FS1P FETaHRACYC/ FD 00.00 29.32 Pfd Paid: 3,659.68 City of Azusa HP 9000 09/27/07 O P E N H 0 L D D B LISTING By Pessq/Ehtity Nam Page 2 SEP 27, 2007, 8:47 AM ---req: 1CM-------leg: GL JL---lac: BI-TDUI=--jab: 538983 #J1200---p3m: C14400 <1.34> rpt id: CHFLM02 SE= FUU Ctdes: 80-82 ; GL Posting Kites: 070107-063008 Check Is^ue Kites: 081607-083107 PE ID PE Nare A TP N vEER / JCB N.N3E12 L voice Mid= D--s=pticai St Disc. Afrt. Dist. Ant. V06783 CITISI= 8000000000-3010 23150701017pp 'Total: 3,659.68 0.00 589.82 V06783 CITISIREk;P 8000000000-3010 2315/0701018 M918/07 PD 0.00 589.82 FETD d: 0.00 d: 1,179.64 Total: 1,179.64 V08010 LUKE'S LBZ SWI 8010125000-6815 00317 EY 07/08 LAND IvA PD 0.00 320.00 PEID d: 0.00 d: 320.00 Total: 320.00 V08261 GFC ASS✓CLUES I 8010125000-6340/502801-6340 3120707 EIR/INITIAL SILID FD 0.00 19,800.00 PEIDT��d: 0.00 Paid: 19,800.00 Total: 19,800.00 V08191 HALL IIS., BARBA 8010135000-6399/1;D0003-6399 1254 'IFDTIATTVE PAROL PD 0.00 6,685.00 PEID U� �d: 0.00 Paid: 6,685.00 Total: 6,685.00 V01646 HCL OJREN & CCIVE 8010110000-6493 0013095IN FY 07/08 SALES & PD 0.00 1,430.10 PEID Lhmd: 0.00 Paid: 1,430.10 Total: 11430.10 V05993 I.M.P.A.C. GJVT 8010110000-6235 4055016001150720 ICSC/Bx7II-I RENIA PD 0.00 300.00 PEID Lhuid: 0.00 Paid: 300.00 Total: 300.00 V93874 IO"IA 8010110000-6175 37325 MUL PLAN FEE/ PD 0.00 125.00 PEID Up id: 0.00 City of Azusa HP 9000 09/27/07 O P E N H O L D D B LISTING By Fore Ehtity Nane Page 3 TH ,, SEP 27, 2007, 8:47 AM ---req: WSE-------leg: GL JL---loc: BI-'IFa"Ii---jcb: 538983 #J1200---pgn: CFAOO <1.34> zpt id: CHPLTR02 SE= FUO Codes: 80-82 ; CT, Posting Dates: 070107-063008 Check Issue Lutes: 081607-083107 PE ID PE Nene A03MIP NU41ER / JCB N 4IDER Irrvoioe NorDes=pticn St Disc. Part. Dist. Ant. Paid: 125.00 Total: 125.00 V05574 IRx MJCNPAIN RE 8010110000-6493 HV5572511v55733 HV55725-HV55733 PD 0.00 77.52 V05574 I CN MJIgLUN RE 8010110000-6493 JD61910JD61918 JD61910-JD61918 PD 00..00 77.52 MID Poria: 155.04 Total: 155.04 V03126 LIN= N?1TICtPL 8000000000-3010 2325/0701017x�##17/07 PD 0.00 298.75 V03126 LINZOIN NUIUAL 8000000000-3010 2325/0701018 018/07 PD 0.00 298.75 FEID UjDaid: 0.00 Paid: 597.50 Total: 597.50 V06572 MTICtAL == 8010125000-6625/505800-6625 RI1928933 F= FNEI,/716-7 ED 0.00 262.44 PEID pai 0.00 Paid: 262.44 Total: 262.44 V01582 NE= CLTMNICA 8010110000-6915 635925025061 635925025061/JUL FD 0.00 45.44 PEID d: 0.00 d: 45.44 Total: 45.44 V09301 SAFEa SRD DENIAL 8000000000-3052 1474913 PREM/AS14433&9G8 PD 0.00 170.42 PEIDUaid: 0.00 Paid: 170.42 Total: 170.42 V00253 SAN G�PRrRr, VALL 8010110000-6530 1596 07/08TEUERSHIP FD 0.00 5,000.00 PEID tlV: 0.00 Paid: 5,000.00 Total: 5,000.00 V08056 SIS INSURPN 8000000000-3044 1255/0701017 PR#17/07 PD 0.00 191.05 City of Azusa HP 9000 09/27/07 O P E N H O L D D B LISTING By Fess Ehtity Nacre Page 4 , SEP 27, 2007, 8:47 PM ---req: ROSE-------leg: GL JL---loc: BI-'IDS{---jcb: 538983 #J1200---p9m: CH400 <1.34> rpt id: CHFLTR02 SE= FUND Ores: 80-82 ; GL Posting Tates: 070107-063008 CYEck Issue Dates: 081607-083107 PE ID PE Nage AC= NCNEER / JCB N 4ER Invoice Mxrber D` =pticn St Disc. Ant. Dist. Pert. V08056 ST-1URM INSURPN 8000000000-2725 1220/0701017 17/07 PD 0.00 69.39 V08056 STPI�II1?11� IbSURPN 8000000000-3044 1255/0701018 PR 18/07 FD 0.00 191.05 V08056 SDUSIA�RD III4URAN 8000000000-2725 1220/0701018 18/07 FD 0.00 63.95 PEIDUlDaad: 0.00 Paid: 515.44 Total: 515.44 V10166 LNICN BANK OF (A 8000000000-2727 1130/0701017 17/07 PD 0.00 5.47 V10166 LNICN BANK OF CA 8000000000-3073 2130/0701017 17/07 PD 0.00 29.07 V10166 U\TICN EAW OF CA 8000000000-3073 0.00 V10166 LISTICN BANK OF CA 8000000000-2727 1130/0701018 118/08Z07 PO701018 17FD 9.07 0.00 25.47 PEIDUpai d: 0.00 Paid: 69.08 Total: 69.08 V00388 VERSDa\T 8010110000-6915 6261975078072807 626-1975078 PD 0.00 22.72 PEID U-paid: 0.00 Paid: 22.72 Total: 22.72 V00876 Vdk4Mq3iLN WILA 8000000000-3010 2335/0701017pp�17/07 PD 0.00 148.01 V00876 McliINUIM MTiLA 8000000000-3010 2335/0701018 018/07 FD 0.00 148.01 PES Lh'Md: 0.00 L ToariUtal: 296.02 GRAND T OTA L paid: 75,011.39 Total: 75,011.39 THERE IS NO PAPERWORK FOR THIS ITEM h,OF.AZG , �JFo CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING MONDAY,SEPTEMBER 17,2007-9:16 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,MACIAS,HANKS, ROCHA ABSENT: DIRECTORS: CARRILLO ALSO PRESENT: - Also Present General Counsel Carvalho, Executive Director Delach,Assistant Executive Director Person,City Department Heads,Secretary Mendoza, Deputy Secretary Toscano. AGENCY SCHEDULED ITEMS Sched Items PUBLIC HEARING - TO CONSIDER THE PROPOSED SALE OF CERTAIN REAL PROPERTY pub Hrg LOCATED AT 850 W. 10'a STREET,AZUSA. Continued Moved by Director Hanks,seconded by Director Macias and unanimously*carried to-continue 10/15/07 the Public Hearing to the meeting of October 15, 2007. RESOLUTIONS TO CONSIDER RECEIPT AND/OR APPROVAL OF THE PRELIMINARY REPORT, Resolutions re: DRAFT REDEVELOPMENT PLAN, EXTENSION OF THE OWNER PARTICIPATION RULES AND Amendment to EXTENSION OF THE RELOCATION ASSISTANCE LAW AND REAL PROPERTY ACQUISITION Redevelopment GUIDELINES FOR THE AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED plan CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT. Economic Development Director Coleman addressed the issue stating that this is the next step B. Coleman in the process to amend the Redevelopment Plan; the expansion includes parts of Downtown Comments and commercial properties located at the Intersection of the 1-210 freeway and Azusa Avenue. The Amendment will result in the ability of the Redevelopment Agency to capture additional property tax increment revenues that would otherwise have been captured by other taxing entities,and although the City continues to follow the policy of not using eminent domain on residential properties,the documents herein have been updated to include language mandated by State law which would only allow voluntary sales of residential units. The attachments Include resolution approving the Preliminary Report,resolution receiving the Plan Amendment, resolution extending Owner Participation Rules to the Added Area,and resolution extending the Relocation Rules and Guidelines to the Added Area Mr.Mike Garcia of Tierra West,addressed the issue presenting and describing the following: M. Garcia The Preliminary Report,which is the main blight documentation that will be transmitted to the Tierra West taxing entities that will receive a share of the property tax revenue within the existing Comments Redevelopment Project Area, which is the Merged Central Business District and West End Redevelopment Project as well as the 15.1 acres proposed to be added. It will document physical as well as economic blight that exist currently within the area;he detailed the blight, incompatible uses,environmental degradation and other factors that have caused the decline of property values. He talked about areas i.e.corner of Ninth and Pasadena and lead paint and asbestos Issues; Additional the properties on Dalton deal with illegal additions; two old gas stations on the corners of Comments Dalton and Foothill,etc. He and Mr.Coleman responded to questions posed regarding effect on future bonds;noting that addirig properties will increase strength. He then talked about the cap of three million dollars,tax increment limit,project areas,and low income housing. Mr. Garcia presented the draft Redevelopment Plan as amended with clean up language,bonded indebtedness limit,added area,legal descriptions,amended areas recently occurred,etc. He presented and described the Owner Participation Rules and Relocation Assistance Law and Real Property Guidelines which will be extended to the 15.1 added areas. _ Assistant City Manager Person announced that this will be the subject of another community R. Person meeting which will be held on Saturday, November 3, 2007, from 9:30 a.m.- 11:00 a.m. Comment Director Hanks offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA BOARD OF Res.07-1130 DIRECTORS APPROVING THE PRELIMINARY REPORT FOR THE AMENDMENT TO THE Preliminary MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT AND Report DIRECTING THE TRANSMITTAL OF THE PRELIMINARY REPORT TO THE AFFECTED TAXING AGENCIES. Moved by Director Hanks,seconded by Director Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Board Members: AYES: DIRECTORS: GONZALES,MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: CARRILLO Director Hanks offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA BOARD OF Res.07-R31 DIRECTORS RECEIVING THE DRAFT AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE Plan Amend MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT,AND AUTHORIZING TRANSMITTAL OF THE DRAFT REDEVELOPMENT PLAN TO AFFECTED TAXING AGENCIES AND PERSONS AND ORGANIZATIONS WITH THE AREA TO BE ADDED TO THE PROJECT AREA AND SUBMITTAL TO THE PLANNING COMMISSION FOR REPORT AND RECOMMENDATION. Moved by Director Hanks,seconded by Director Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Board Members: AYES: DIRECTORS: GONZALES,MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: CARRILLO Director Gonzales offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA BOARD OF Res.07-1132 DIRECTORS TO EMEND THE RULES GOVERNING PARTICIPATION BY PROPERTY OWNERS Owner Part AND THE EXTENSION OF REASONABLE PREFERENCE TO BUSINESS OCCUPANTS AS Rules ADOPTED BY THE REDEVELOPMENT AGENCY TO THE DRAFT AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT,AND DIRECTING THAT SUCH RULES BE MADE AVAILABLE FOR PUBLIC INSPECTION, REVIEW AND COMMENT. Moved by Director Gonzales,seconded by Director Hanks to waive further reading and adopt. Resolution passed and adopted by the following vote of the Board Members: AYES: DIRECTORS: GONZALES,MACIAS, HANKS, ROCHA' NOES: DIRECTORS: NONE ABSENT: DIRECTORS: CARRILLO 09/17/07 PAGE TWO Director Hanks offered a Resolution entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA BOARD OF Res, 07-R33 DIRECTORS EXTENDING THE RULES AND REGULATIONS FOR IMPLEMENTATION OF THE Real Property CALIFORNIA RELOCATION ASSISTANCE LAW AND REAL PROPERTY ACQUISITION Guidelines GUIDELINES AS PREVIOUSLY ADOPTED BY THE REDEVELOPMENT AGENCY BY RESOLUTION TO THE DRAFT AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END REDEVELOPMENT PROJECT. Moved by Director Hanks,seconded by Director Macias to waive further reading and adopt. Resolution passed and adopted by the following vote of the Board Members: AYES: DIRECTORS: GONZALES,MACIAS, HANKS, ROCHA NOES: DIRECTORS: NONE ABSENT: DIRECTORS: CARRILLO REDEVELOPMENT AGENCY ASSISTANCE FOR MAX AND MARTHA ARTEAGAS' NEW Arteagas' - RESTAURANT LOCATION, 635 NORTH AZUSA AVENUE: CRA Assist. Economic Development Director Coleman presented the proposal for the Redevelopment B. Coleman Agency to make a secured loan In the amount of$179,000 to Mr.and Mrs.Arteagas for the Comments establishment of a new restaurant,Los Magueyes,located In downtown Azusa,635 N.Azusa Avenue;he detailed the success of their current restaurant noting that this Is an opportunity for them to expand. The Arteagas'will pay a large percentage of the project cost,63%,which is a demonstration of commitment in the downtown area. He stated that they have negotiated a Five year lease with Esquivel Management with an option to extend 2012 and 2017. He noted that the loan will be used for furniture and equipment which will be secured by the First deed of trust on the leasehold and a grant of security of the(FF&E); after fifth year of operation the loan will be forgiven. He recommended the loan be approved and responded to questions posed by Council regarding projected cost to relocate the restaurant,secure Interest,Interest rate,and CDBG program,funding source which was budgetedInthe Agency budget,strength to the downtown area, and parking. Moved by Director Gonzales, seconded by Director Macias and unanimously* carried to Loan Agmt approve a$179,000 loan agreement,a secured promissory note,a security agreement,and a Los Magueyes lease hold deed of trust with assignment of rents and fixture filings between Mr. K Mrs. Approved Arteaga and the Redevelopment Agency of the City of Azusa In connection with the establishment of their new restaurant ("Los Magueyes"). The CONSENT CALENDAR consisting of items F-I and F- 2, was approved by motion of Consent Cal. Director Macias,seconded by Director Hanks and unanimously* carried. Approved 1. Minutes of the regular meeting of September 4, 2007,were approved as written. Min approved 2. Two separate Resolutions were adopted and entitled: A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSAALLOWING Res. 07-R34 CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY And 07-R35 FUNDS. Warrants SPECIAL CALL ITEMS - Special Call None None It was consensus of the Redevelopment Agency Boardmembers to adjourn. Adjourn TIME OF ADJOURNMENT: 10:00 P.M. SECRETARY NEXT RESOLUTION NO.07-R36 NEXT ORDINANCE NO.07-ROI - * indicates Carrillo absent. 09/17/07 PAGE THREE