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Agenda Packet - July 21, 2008 - CC
U '9tIFOR�� AGENDA CITY COUNCIL, AND THE REDEVELOPMENT AGENCY AZUSA AUDITORIUM MONDAY,JULY 21, 2008 213 EAST FOOTHILL BOULEVARD 6:30 P.M. AZUSA CITY COUNCIL JOSEPH R.ROCHA MAYOR KEITH HANKS ANGEL CARRILLO COUNCILMEMBER MAYOR PRO-TEM URIEL E. MACIAS ROBERT GONZALES COUNCII,MEMBER 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 forpublic inspection at the City Library. " Persons who wish to speak during the Public Participation portion of the Agenda, shall f ll out a card requesting to speak and shall submit it to the City Clerkprior to the start of the City Council meeting. When called, eachperson may address any item on or off the agenda during the public participation. CLOSED SESSION BLOCK 36 - CLOSED SESSION I IN 1. REAL PROPERTY'NEGOTIATIONS (Gov. Code See. 54956.8) Address: 152 E. Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: Bank of America& LOWE Enterprises Real Estate Group Under Negotiation: Price and Terms of Payment 2. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) Address: 100 E. Foothill Boulevard, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: LOWE Enterprises Real Estate Group Under Negotiation: Price and Terms of Payment 3. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.81 Address: 614 - 640 N. Azusa Avenue, Azusa, CA 91702 Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff Negotiating Parties: LOWE Enterprises Real Estate Group 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—Pastor Eddie Velasquez of Jesus Is Lord Church A. PUBLIC PARTICIPATION (Person/Group shall be allowed to speakwithout interruption up to f ve (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.) B. REPORTS UPDATES, AND ANNOUNCEMENTS FROM STAFF/COUNCIL 1. Mayor Rocha—(a)Request for a proclamation for Korean Armistice Day to be presented on Sunday, July 27th at the Veterans Monument in front of City Hall. (b) Request for a proclamation for Josephine and Michael Gonzales celebrating their 60th Wedding Anniversary. (c)Request for proclamation for the 7th anniversary of Christian Faith Center,to be presented on July 27 at 11:00 a.m. (d) The need for sidewalk between Rockvale and 5th St., on the south side of Alosta. (e) Request for certificate of appreciation to Robin and Edith Russek for Chairing the American Cancer Society Relay for Life and recognition of Team Captains. C. SCHEDULEDITEMS 1. CONTINUED PUBLIC HEARING — RESOLUTIONS ADOPTING 2008/09 FISCAL YEAR SCHEDULE OF FEES AND CHARGES. RECOMMENDED ACTION: Open the Public Hearing; receive testimony, close the Public Hearing. Formally ratify adoption of the City's Schedule of Fees and Charges by adopting Resolution No. 08-059, establishing a User Fee Schedule for Various Municipal Activities and Resolution No. 08-C60,establishing certain Development Project Fees and Service Charges. 07/21/08 PAGE TWO 2. PUBLIC HEARING—REQUEST BY COVINA IRRIGATING COMPANY(CIC)THAT CITY OF AZUSA ADOPT A RESOLUTION CONSENTING TO CIC'S USE OF EMINENT DOMAIN TO ACQUIRE A PERMANENT 10-FOOT WIDE EASEMENT AND A TEMPORARY 25-FOOT WIDE CONSTRUCTION AND INSTALLATION EASEMENT,BOTH APPROXIMATELY 400-FEET IN LENGTH, TO CONSTRUCT AND INSTALL A WATER PIPELINE ON PRIVATE PROPERTY WITHIN THE CITY LINHTS. RECOMMENDED ACTION: (a) Open the public hearing to consider request by Covina Irrigating Company(CIC)that the City of Azusa adopt a resolution consenting to CIC's use of eminent domain to acquire a permanent and temporary easement through a private road and parking area located on the Crystal Canyon Condominium property located within the City of Azusa for purposes of constructing and maintaining a water transmission line;and (b)Close public hearing and adopt by at least a 4-1 vote, Resolution No. 08-C61, attached as Exhibit"A" and incorporated herein by reference. 3. AUTHORIZATION TO SOLICIT A NOTICE EWITING BIDS (NIB) AND REQUEST FOR PROPOSALS (RFP) — PAINTING OF RAILROAD BRIDGE ON FOOTHILL BLVD. RECOMMENDED ACTION: Approve the updated paint scheme as detailed on attachment for Railroad Bridge on Foothill Blvd.,between Orange and Vernon;authorize staff to solicit allotice Inviting Bids(NIB) for the painting of the Railroad Bridge on Foothill Blvd.,between Orange and Vernon,and authorize staff to solicit a Request for Proposals (RFP) for the painting of the City Logo, "Azusa" lettering and striping (Professional Service). 4. PUBLIC HEARING - ON AN APPLICATION TO OPERATE A TAXICAB IN THE CITY OF AZUSA BY CROWN YELLOW CAB. RECOMMENDED ACTION: Open the Public Hearing; receive testimony, close the- Hearing. Approve the application and adopt Resolution No. 08-C62, authorizing the issuance of a"Certificate of Public Convenience and Necessity". 5. CONSIDERATION OF A$25.000 AMENDMENT TO THE CDBG ECONOMIC DEVELOPMENT LOAN ("EDLP") FOR JAKE'S HOT DOGS AND SAUSAGES, 246 NORTH AZUSA AVENUE. RECOMMENDED ACTION: Deny the$25,000 EDLP loan amendment request of Jake's Hot Dogs and Sausages ("Jake's"). D. CONSENT CALENDAR. . The Consent Calendar adopting the printed recommended actions will be enacted with one vote. if Councilmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECL4L CALL ITEMS. 1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF JULY 8, 2008. 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). 07/21/08 PAGE THREE 3. AUTHORIZE THE NOTICE OF COMPLETION OF THE SAN GABRIEL CANYON GATEWAY CENTER LANDSCAPING PROJECT AS COMPLETEDBY AMIGOS DE LOS RIOS IN THE AMOUNT OF$359.793.00 AND AUTHORIZE STAFF TO FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY CLERK. RECOMMENDED ACTION: Approve the filing of the Notice of Completion for the San Gabriel Canyon Gateway Center Landscaping Project as completed by Amigos de los Rios in the amount of$359,793.00 and authorize staff to file the Notice of Completion with the Los Angeles County Clerk. 4. INDEMNITY AGREEMENT WITH COVINA IRRIGATING COMPANY (CIC) REGARDING RESOLUTION CONSENTING TO CIC'S USE OF EMINENT DOMAIN TO ACQUIRE A PERMANENT 10-FOOT WIDE EASEMENT AND A TEMPORARY 25-FOOT WIDE CONSTRUCTION AND INSTALLATION EASEMENT,BOTH APPROXIMATELY 400-FEET IN LENGTH TO CONSTRUCT AND INSTALL A WATER PIPELINE ON PRIVATE PROPERTY WITHIN THE CITY LIMITS. RECOMMENDED ACTION: Should the City Council adopt the resolution consenting to CIC's use of eminent domain to acquire two easements on private property owned by the Crystal Canyon Homeowners Association and/or Crystal Canyon Homeowners, (a) Approve Indemnification Agreement between the City of Azusa and Covina Irrigating Company (CIC); and (b) Authorize the City Manger to execute the Indemnification Agreement subject to any non-substantive changes approved by the City Attorney's office. 5. AGREEMENT BETWEEN THE CITY OF AZUSA AND ALL CITY MANAGEMENT SERVICES (ACM S)FOR CROSSING GUARD SERVICES.RECOMMENDED ACTION:Adopt the agreement between the City and ACMS for crossing guard services. 6. AWARD OF CONTRACT FOR CITY-WIDE CONCRETE IMPROVEMENTS. RECOMMENDED ACTION: Award a 1-year contract to Martinez Concrete Inc., of Azusa for City-wide concrete improvements in an amount not-to-exceed $250,000.00. 7. WARRANTS. Resolution authorizing payment of warrants by the City. RECOMMENDED ACTION: Adopt Resolution No. 08-C63. CONVENE JOINTLY WITH THE REDEVELOPMENT AGENCY E. JOINT AGENCY/CITY ITEM 1. REDEVELOPMENT AGENCY ADMINISTRATION/ADVANCE FROM THE CITY. RECOMMENDED ACTION: Waive further reading and adopt Resolution No. 08-R32, (Agency) requesting a loan from the City of Azusa for purposes of the Merged Redevelopment Project Area and Resolution No. 08-C64, (City) authorizing Loans for purposes of the Merged Redevelopment Project Area and authorize the execution of the Note. (This is an advance of$1,283,070 from the City's General Fund to the Redevelopment Agency). CITY COUNCIL TO RECESS AND REDEVELOPMENT AGENCY TO CONTINUE 07/21/08 PAGE FOUR ' F. AGENCY CONSENT CALENDAR The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If Boardmembers or Staff wish to address any item on the Consent Calendar individually, it will be considered under SPECL4L CALL ITEMS. L APPROVAL OF MINUTES OF THE REGULAR MEETING OF JULY 8 2008.RECOMMENDED ACTION: Approve Minutes as written. 2. MAKING A FINDING THAT PLANNING AND ADMINISTRATIVE EXPENSES MAY BE FUNDED FROM THE LOW-TO-MODERATE INCOME HOUSING FUND (20% SET ASIDE) RECOMMENDED ACTION: Adopt Resolution No. 08-R33, making a finding that the planning and administrative expenses to be funded from the low-to-moderate income housing fund in fiscal year 2008/09 are necessary for the production, improvement or preservation of the community's supply of low and moderate income housing. 3. WARRANTS. Resolution authorizing payment of warrants by the Agency. RECOMMENDED ACTION: Adopt Resolution No. 08-R34. G. ADJOURNMENT 1. Adjourn. UPCOMING MEETINGS: July 28, 2008, Utility Board Meeting—6:30 p.m. (Light and Water Conference Room) August 4, 2008, City Council Meeting—6:30 p.m. (Auditorium) August 18, 2008, City Council Meeting—6:30 p.m. (Auditorium) September 2, 2008 (Tuesday) City Council Meeting—6:30 p.m. (Auditorium) In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of the public at the following locations: Azusa City Clerk's Office-213 E.Foothill Boulevard,Azusa City Library- 729 N.Dalton Avenue,andAzusa Police Department Lobby- 725 N.Alameda,Azusa,California. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting,please contact the City Clerk at 626-812-5229. Notification three(3)working days prior to the meeting when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting. 07/21/08 PAGE FIVE : t PUBLIC HEARING TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/CFO VIA: F.M. DELACH, CITY MANAGER �}'0, 9 DATE: JULY 21, 2008 �/ FF SUBJECT: RESOLUTIONS ADOPTING 2008/09 FISCAL YEAR SCHEDULE OF FEES AND CHARGES RECOMMENDATION It is recommended that the City Council formally ratify adoption the City's Schedule of Fees and Charges by approving the attached Resolutions. BACKGROUND Each year the City Council is requested to consider and approve updates and revisions of the City's fees and charges for costs "reasonably borne." One Resolution enacts the "User Fee Schedule for Various Municipal Activities and Services." A separate resolution is required to formally enact "Development Project Fees and Service Charges." Under law it is necessary to first consider the Development Project Fees at a Public Hearing. This hearing has been noticed and scheduled for tonight to coincide with consideration of this resolution. FISCAL IMPACT Where applicable the Fees & Charges Schedule reflects the increase in the consumer price index from April of 2007 to April of 2008 for the Los Angeles Metro Area as reported by the Federal Bureau of Labor Statistics. At this time, staff recommends adjusting the Public Works and Development Services fees by the consumer price index.However,the actual costs to process these permits have not been studied for years. Staff will analyze the true costs associated with processing these permits and following completion of this analysis,will bring them back to the City Council for possible adjustment. Attachments: 1) Resolution of Adoption;User Fee Schedule for Various Municipal Activities and Services. 2) Resolution of Adoption; Development Fees and Service Charges 3) Proposed Schedule of Fees and Charges FY 2008-2009 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,ESTABLISHING A USER FEE SCHEDULE FOR VARIOUS MUNICPAL ACTIVITIES AND SERVICES WHEREAS,the City of Azusa is empowered to impose reasonable service fees for a variety of municipal benefits and services; and WHEREAS, the City Council of the City of Azusa has determined that the users of these services should be charged fees to cover the City's expenses for providing these services; and WHEREAS,the City Council has determined that it is necessary to adopt a Schedule of Fees and Charges which sets forth charges for these services; and WHEREAS, it is the intention of the City Council that the fees set forth herein shall cover, but not exceed,the estimated reasonable cost of providing the service for which the fee is charged, except for such fees that may legally generate revenue; and WHEREAS,based upon evidence provided,the City Council hereby determines that the fees cover,but do not exceed,the reasonable cost of providing the services for which the fee is charged; and WHEREAS,the schedule of Fees and Charges is statutorily and categorically exempt from the requirements of the California Environmental Quality Act since citing these fees fit within the statutory exemptions for local agency decisions involving the adoption and collection of rates,tolls and other charges,pursuant to Public Resources Code Section 21080(b)(8)and Section 15273 of the California Environmental Quality Act Guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT: SECTION 1. Adoption of Schedule of Fees. The City Council hereby adopts a fees schedule for the services set forth in the Schedule of Fees and Charges for Fiscal Year 2008/2009 attached hereto and incorporated herein by reference. SECTION 2. Collection of Fees. That the City is authorized to collect the user fees set forth herein. SECTION 3. Effective Date. This resolution shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED ON JULY 21, 2008. Mayor I HEREBY CERTIFFY that the foregoing Resolution was duly adopted at a regular meeting of said City Council on the 21 ST DAY OF July, 2008, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk 9 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, ESTABLISHING CERTAIN DEVELOPMENT PROJECT FEES AND SERVICE CHARGES WHEREAS, Chapter 8 (commencing with section 66016) of Division 1 of Title 7 of the California Government Code establishes a procedure for adopting fees or service charges for development projects; and WHEREAS,the City Council of the City of Azusa has determined that the cost of providing certain facilities or services is not of general benefit,but of special benefit to the applicant seeking to process a development application; and WHEREAS,the City Council has further determined that developer contribution in the form of development impact fees is necessary to offset the impact of future development on already- established community facilities and services and to maintain the current levels of services for these public facilities; and WHEREAS, the City is authorized to impose fees which will cover but do not exceed the estimated reasonable cost of providing the service or facility for which the fee is imposed; and WHEREAS,current fees charged for community development services or facilities do not fully recover the actual cost of providing the such services; and WHEREAS,Government Code sections 66016 and 66018 provide that the City may adopt new fees or increase existing fees after providing notice and holding a public hearing; and WHEREAS, notice of a public hearing on the establishment of new and increase fees was published in accordance with provisions of section 6062a of the California Government code; WHEREAS,notice of public hearing was mailed to all interested parties who filed a written request for a mailed notice with the City; WHEREAS, on July 21, 2008, at the time and place specified in the published notice,the City Council held a public hearing as required by law to allow oral or written presentations prior to levying new fees or service charges and prior to approving an increase in existing fees or service charges; and WHEREAS, at least ten (10) days prior to the commencement of the hearing, there was made available to the public a report containing the cost, or estimated cost, of providing the service for which the fee or service charge will be levied, and the revenue sources for providing such services; and WHEREAS,based upon evidence provided,the City Council hereby determines that the fees set forth in the Schedule of Fees and Charges for Fiscal Year 2008/2009 attached hereto and incorporated herein by reference will not exceed the estimated reasonable cost of providing the community development services and facilities for which the fee is charged; and WHEREAS, the proposed fees' are statutorily and categorically exempt from the requirements of the California Environmental Quality Act since citing these fees fits within the statutory exemptions for local agency decisions.involving the adoption and collection of rates,tolls and other charges,pursuant to Public Resources Code Section 21080(b)(8)and Section 15273 of the California Environmental Quality Act Guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, DOES FIND AND DECLARE THAT: SECTION 1. Adoption of Schedule of Fees. The City Council hereby adopts a fee schedule for the services set forth in the Schedule of Fees and Charges for Fiscal Year 2008/2009 attached hereto and incorporated herein by reference. SECTION 2. Collection of Fees. That the City is authorized to collect the user fees set forth herein. SECTION 3. Effective Date. This resolution shall become effective sixty(60)days from its adoption. PASSED, APPROVED AND ADOPTED ON JULY 21, 2008. Mayor I HEREBY CERTIFFY that the foregoing Resolution was duly adopted at a regular meeting of said City Council on the 21 st day of July 2008, by the following vote of the Council: AYES: NOES: ABSENT: City Clerk 2- CITY OF AZUSA PROPOSED SCHEDULE OF FEES AND CHARGES fiscal Year 2008-2009 >i Te .SA. 5L Y:'ry f ` y 4. City of Azusa Schedule of Fees and Charges(Fund 101-Developer Only) 2008-2009 Exhibit-1 ECONOMIC &COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2007-2008 2008-2009 Item Description Cost Per Cost Per S.F.Avg. S.F. Avg. S-1 BUILDING VALUATION APARTMENT HOUSES: Type I or II F.R. $101.52 $104.85 Good $115.38 $129.08 Type V- Masonry (or Type III) $82.86 $85.58 Good $93.72 $104.85 Type V-Wood Frame $73.02 $75.42 Good $86.64 $96.93 Type I -Basement Garage $42.80 $44.21 AUDITORIUMS: Type I or II F.R. $119.94 $123.88 Type II - 1 hour $86.87 $89.72 Type II -N $82.18 $84.87 Type III- 1 hour $91.33 $94.33 Type III - N $86.64 $89.48 Type V- 1 hour $87.33 $90.19 Type V- N $81.49 $84.16 BANKS: Type I or II F.R. $169.50 $175.06 Type II - 1 hour $124.86 $128.96 Type II -N $120.86 $124.83 Type III - 1 hour $137.80 $142.32 Type III - N $132.88 $137.24 Type V- 1 hour $124.86 $128.96 Type V- N $119.60 $123.53 BOWLING ALLEYS: Type II - 1 hour $58.37 $60.29 Type 11 -N $54.48 $56.27 Type III- 1 hour $63.52 $65.60 Type III -N $59.40 $61.35 Type V- 1 hour $42.80 $44.21 CHURCHES: Type I or II F.R. $113.53 $117.26 Type 11 - 1 hour $85.27 $88.06 Type II -N $81.03 $83.69 Type III- 1 hour $92.70 $95.75 Type III - N $88.58 $91.49 Type V- 1 hour $86.64 $89.48 Type V-N $81.49 $84.16 CONVALESCENT HOSPITALS: Type I or II F.R. $159.31 $164.54 Type II - 1 hour $110.56 $114.19 Type III - 1 hour $113.31 $117.02 Type V- 1 hour $106.78 $110.29 Page 7 of 39 City of Azusa Schedule of Fees and Charges (Fund 101-Developer Only) 2008-2009 Exhibit- 1 ECONOMIC &COMMUNITY DEVELOPMENTICOMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2007-2008 2008-2009 Item Description Cost Per Cost Per S.F.Avg. S.F.Avg. DWELLINGS: Type V-Masonry $86.64 $89.48 Good $102.38 $114.54 Type V-Wood Frame $77.02 $79.55 Good $97.63 $109.23 Basements- Semi-Finished $23.00 $23.76 Good $24.51 $27.42 Unfinished $16.71 $17.26 Good $18.70 $20.92 FIRE STATION: Type I or II F.R. $130.93 $135.23 Type II - 1 hour $86.18 . $89.01 Type II - N $81.26 $83.93 Type III - 1 hour $94.31 $97.40 Type III - N $90.30 $93.26 Type V- 1 hour $88.47 $91.37 Type V-N $83.89 $86.65 HOMES FOR THE ELDERLY: Type I or II F.R. $118.68 $122.58 Type 11 - 1 hour $96.37 $99.53 Type II -N $92.25 $95.27 Type III - 1 hour $100.37 $103.67 Type III-N $96.25 $99.41 Type V- 1 hour $96.94 $100.12 Type V-N $93.62 $96.69 HOSPITALS: Type I or II F.R. $186.78 $192.91 Type III - 1 hour $154.62 $159.70 Type V- 1 hour $147.53 $152.37 HOTELS AND MOTELS: Type I or II F.R. $115.59 $119.39 Type III - 1 hour $100.14 $103.43 Type III -N $95.45 $98.58 Type V- 1 hour $87.21 $90.07 Type V-N $85.49 $88.30 INDUSTRIAL PLANTS: Type I or II F.R. $65.12 $67.26 Type II - 1 hour $45.32 $46.61 Type II -N $41.66 $43.03 Type III- 1 hour $49.90 $51.54 Type III- N $47.04 $48.58 Tilt-up $34.33 $35.46 Type V- 1 hour $47.04 $48.58 Type V- N $43.03 $44.45 Page 2 of 39 City of Azusa Schedule of Fees and Charges (Fund 101-Developer Only) 2008-2009 Exhibit-1 ECONOMIC &COMMUNITY DEVELOPMENTICOMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2007-2008 2008-2009 Item Description Cost Per Cost Per S.F.Avg. S.F.Avg. JAILS: Type I or II F.R. $182.09 $188.07 Type III - 1 hour $166.52 $171.99 Type V- 1 hour $124.86 $128.96 LIBRARIES: Type I or II F.R. $133.22 $137.59 Type II - 1 hour $97.51 $100.71 Type II -N $92.70 $95.75 Type III- 1 hour $103.00 $106.39 Type III - N $97.85 $101.07 Type V- 1 hour $96.71 $99.88 Type V-N $92.70 $95.75 MEDICAL OFFICES: Type I or II F.R. $136.77 $141.26 Type II - 1 hour $105.52 $108.99 Type II - N $100.26 $103.55 Type III - 1 hour $114.45 $118.21 Type III - N $106.55 $110.05 Type V- 1 hour $103.23 $106.62 Type V- N $99.57 $102.84 OFFICES Type I or 11 F.R. $122.23 $126.24 Type II - 1 hour $81.83 $84.52 Type II -N $77.94 $80.50 Type III- 1 hour $88.36 $91.26 Type III-N $84.46 $87.24 Type V- 1 hour $82.75 $85.46 Type V-N $77.94 $80.50 PRIVATE GARAGES: Wood Frame $27.81 $28.72 Masonry $31.36 $32.39 Open Carports $19.00 $19.62 PUBLIC BUILDINGS: Type I or II F.R. $141.23 $145.87 Type II - 1 hour $114.45 $118.21 Type II - N $109.41 $113.01 Type III - 1 hour $118.80 $122.70 Type III - N $114.68 $118.44 Type V- 1 hour $108.73 $112.30 Type V- N $104.84 $108.28 Page 3 of 39 City of Azusa Schedule of Fees and Charges (Fund 101-Developer Only) 2008-2009 Exhibit-1 ECONOMIC&COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2007-2008 2008-2009 Item Description Cost Per Cost Per S.F.Avg. S.F.Avg. PUBLIC GARAGES: Type I or II F.R. $55.97 $57.80 Type I or II Open Parking $42.00 $43.38 Type II -N $32.05 $33.10 Type III - 1 hour $42.35 $43.74 Type III -N $37.65 $38.89 Type V- 1 hour $38.57 $39.84 RESTAURANTS Type III- 1 hour $111.47 $115.13 Type III- N $107.70 $111.23 Type V- 1 hour $102.09 $105.44 Type V- N $98.08 $101.30 SCHOOLS: Type I or II F.R. $127.27 $131.45 Type II - 1 hour $86.87 $89.72 Type III - 1 hour $92.93 $95.98 Type III -N $89.39 $92.32 Type V- 1 hour $87.10 $89.95 Type V-N $83.09 $85.82 SERVICE STATIONS: Type II -N $76.91 $79.43 Type III- 1 hour $80.23 $82.86 Type V- 1 hour $68.33 $70.57 Canopies $32.05 $33.10 STORES: Type I or II F.R. $94.31 $97.40 Type II - 1 hour $57.68 $59.58 Type II- N $56.42 $58.28 Type III - 1 hour $70.16 $72.46 Type III -N $65.81 $67.97 Type V- 1 hour $59.06 $60.99 Type V-N $54.59 $56.38 TOWN HOMES Type V- Masonry N/A $102.38 Type V-Wood Frame N/A $97.63 Garage-Wood Frame N/A $39.84 Garage-Masonry N/A $44.21 THEATERS: Type I or II F.R. $125.67 $129.79 Type III - 1 hour $91.56 $94.56 Type III -N $87.21 $90.07 Type V- 1 hour $86.18 $89.01 Type V-N $81.49 $84.16 Page 4 of 39 City of Azusa Schedule of Fees and Charges(Fund 101-Developer Only) 2008-2009 Exhibit-1 ECONOMIC &COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2007-2008 2008-2009 Item Description Cost Per Cost Per S.F. Avg. S.F.Avg. WAREHOUSES Type I or II F.R. $56.54 $58.39 Type I or V- 1 hour $33.53 $34.63 Type I or V- N $31.47 $32.51 Type III - 1 hour $36.00 $39.24 Type III- N $36.17 $37.35 EQUIPMENT: AIR CONDITIONING Commercial $4.81 $4.96 Residential $4.01 $4.14 SPRINKLER SYSTEMS $2.98 $3.07 OTHER VALUATIONS REROOF Asphalt and Comp- per square foot of material $184.15 $190.19 Built-up-per square foot of material $194.98 $201.38 Light-weight tile-per square foot of material $503.70 $520.23 Concrete Tile or Slate Tile-per square foot of material $606.60 $626.51 Metal Shingles-per square foot of material $383.46 $396.04 Wood Shake-per square foot of material $232.89 $240.54 Wood Shingle- per square foot of material $224.23 $231.59 Rolled Roofing-minimum 300 sq.ft. allowed on patio covers only $1,083.22 $1,118.77 Tear off and re-sheath- per square foot of material $108.32 $111.88 TENANTIMPROVEMENTS General Commercial $28.16 $29.09 Restaurants $32.50 $33.56 Medical Offices $33.58 $34.68 RETAINING WALLS-Concrete Block 6" $8.40 $8.68 8" $9.30 $9.61 12" $11.40 $11.77 MASONRY FIREPLACE-Minimum Valuation $3,433.81 $3,546.50 FOUNDATION PERMITS- based on 1/3 the overall valuation of the bldg These figures shall be used when the applicant does not have a valuation, or if the valuation given is obviously low. FACTORY BUILT FIREPLACE-Minimum Valuation $1,144.96 $1,182.54 Page 5 of 39 City of Azusa Schedule of Fees and Charges(Fund 101-Developer Only) 2008-2009 Exhibit-1 ECONOMIC &COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2007-2008 2008-2009 Item Description Cost Per Cost Per S.F. Avg. S.F.Avg. SIGNS 1 SIDE Painted $44.41 $45.87 Electrical $85.57 $88.38 2 SIDES Painted $51.99 $53.70 Electrical $108.32 $111.88 POLE/Lineal Foot plus square foot of sign: 3" 0 $36.83 $38.04 4" 0 $51.99 $53.70 6" 0 $67.16 $69.36 8" 0 $83.41 $86.15 10" 0 $98.57 $101.81 12" 0 $112.65 $116.35 SWIMMING POOLS Valuation based on actual construction cost. Permit fees same as Building Permits. Minimum Valuation: $14,298.50 $14,767.77 SPAS Minimum Valuation Prefabricated $2,859.70 $2,953.55 Gunite $5,741.06 $5,929.48 SURCHARGE FEES Optical Records System- Per Permit $12 $12 General Plan Maintenance- 10% permit surcharge to recover 50%of costs Variable Variable Permit Automation Fee $23 $24{ �"` ♦ .xy 4 '*�^' y�.;`F 1"' !S° ';3,rs.-c'n� 3 a;.�3r�yrn�'"���<�i � .t`L �SEnf^, :F�W7,i��,k,�e�� s4 3� :Yt �'� Page 6 of 39 City of Azusa Schedule of Fees and Charges (Fund 101-Developer Only) 2008-2009 Exhibit-1 ECONOMIC &COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2007-2008 2008-2009 Item Description Cost Per Cost Per S.F.Avg. S.F.Avg. S-2 BUILDING PERMIT FEES Permit Issuance $71 $73 TOTAL VALUATION $1.00 to$500.00 $26.90 $27.78 $501.00 to$2,000.00 $26.90 $27.78 For the 1st$500.00 plus$3.33 for ea. additional $100.00, or fraction thereof,to and including$2,000.00 $2,001.00 to$25,000.00 $79.26 $81.86 For the 1 st$2,000.00 plus$15.28 for ea. additional$1,000.00, or fraction thereof,to and including $25,000.00 $25,001.00 to$50,000.00 $447.79 $462.48 For the 1st$25,000.00 plus $11.02 for ea. additional$1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to$100,000.00 $736.77 $760.95 For the 1st$50,000.00 plus$7.64 for ea. additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to$ 500,000.00 $1,137.35 $1,174.67 For the 1st$100,000.00 plus$6.11 for ea, additional $1,000.00, or fraction thereof,to and including$500,000.00 $500,001.00 to$1,000,000.00 $3,701.02 $3,822.49 For the 1st$500,000.00 plus $5.18 for ea. additional$1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $6,419.21 $6,629.89 For the 1st$1,000,000.00 plus$3.44 for ea. additional $1,000.00, or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours (per hour) $53.79 $55.56 (minimum charge-two hours) 2. Reinspection fees accessed under provisions of Section 305.8 (per hour) $53.79 $55.56 3. Inspections for which no fee is specifically indicated (per hour) $53.79 $55.56 (minimum charge -one-half hour) 4. Additional plan review required by changes, additions or revisions to plans $53.79 $55.56 (per hour) (minimum charge -one-half hour) 5. For use of outside consultants for plan checking and inspections, or both Actual costs' Actual costs' 'Or the total hourly cost to the jurisdiction,whichever is the greatest. This cost shall include supervision,overhead,equipment,hourly wages and fringe benefits of the employee involved. 2Actual costs include administrative and overhead costs. Page 7 of 39 City of Azusa Schedule of Fees and Charges (Fund 101-Developer Only) 2008.2009 Exhibit-1 ECONOMIC&COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2007-2008 2008-2009 Item Description Cost Per Cost Per S.F. Avg. S.F.Avg. S-3 ELECTRICAL PERMIT FEES Area Fee Rate-Single Family Dwellings (Rate x area/sq ft) $0.0880 Unit Fee Schedule (note: does not include Permit Issuance Fee) Receptacle, Switch and Lighting, or other. For receptacle, switch lighting, smoke detectors, or other outlets, at which current is used or controlled except services,feeders and meter: First 20, each $1.29 $1.33 Additional outlets, each $0.86 $0.88 (NOTE: For multi-outlet assemblies,each 5 R.or fraction may be considered as t outlet) LIGHTING FIXTURES For lighting fixtures, sockets, or other lamp holding devices: First 20, each $1.29 $1.33 Additional fixtures, each $0.86 $0.88 For pole or platform mounted lighting fixtures, each $1.29 $1.33 For theatrical-type lighting fixtures or assemblies each $1.29 $1.33 RESIDENTIAL APPLIANCES For fixed residential appliances or receptacle outlets for same, including wall- mounts electric ovens, counter-mounted cooking tops, electric ranges, self- contained room, console, or through-wall air conditioners, space heaters, food waste grinders, dishwasher $6.01 $6.21 (NOTE:For other types of air conditioners and other motor-driven appliances having larger electrical ratings,see Power Apparatus) TEMPORARY POWER SERVICE For a temporary service power pole or pedestal, including all pole or pedestal mounted receptacle outlets and appurtenances, each $25.75 $26.59 For a temporary distribution system and temporary lighting and receptacle outlets for construction sites,decorative lighting, Christmas tree sales lots, firework stands, sales booths, additional pole,etc., each $12.01 $12.41 NON-RESIDENTIAL APPLIANCES For residential appliances and self-contained,factory-wired, non-residential appliances not exceeding one (1)horsepower(HP), kilowatt(KW), or kilovolt- ampere (KVA) in rating, including medical and dental devices,food, beverage, and ice cream cabinets $6.87 $7.09 Page 8 of 39 . City of Azusa Schedule of Fees and Charges(Fund.101-Developer Only) 2008-2009 Exhibit-1 ECONOMIC &COMMUNITY DEVELOPMENTICOMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2007-2008 2008-2009 Item Description Cost Per Cost Per S.F.Avg. S.F.Avg. POWER APPARATUS For motors,generators,transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus, as follows: Rating in horsepower(HP), kilowatts(KW), kilovolt-amperes (KVA), or kilovolt- amperes-reactive (KVAR) Up to and including 1, each $6.87 $7.09 Over 1 and not over 10, each $12.01 $12.41 Over 10 and not over 50, each $30.90 $31.92 Over 50 and not over 100, each $61.80 $63.83 Over 100,each $103.00 $106.38 NOTE.,1.For equipment or appliances having more than one motor,transformer,heater,etc., the sum of the combined rating may be used. NOTE:2. These fees include all switches,circuit breakers,contractors,thermostats,relays and other directly related control equipment. BUSWAYS For trolley and plug-in type busways, each 100 feet or fraction thereof $17.17 $17.73 (NOTE.,An additional fee will be required for lighting fixtures,motors and other appliances that are connected to trolley and plug-in type busways.) SIGNS,OUTLINE LIGHTING,AND MARQUEES For signs,outline lighting systems, or marquees supplied from one branch circuit,each $25.75 $26.59 For additional branch circuits within the same sign outline lighting system, or marquee, each $8.58 $8.86 SERVICES, SWITCHBOARDS, SWITCHBOARD SECTIONS, MOTOR CONTROL CENTERS AND PANELBOARDS For services, switchboards, switchboard sections, motor control centers and panelboards of 600 volts or less¬ over 200 amperes in rating, ea. $25.75 $26.59 For services, switchboards, switchboard sections, motor control centers and panelboards of 600 volts or less and not over 200 amperes 1,000 amperes in rating,each $51.51 $53.20 For services, switchboards, switchboard sections, motor control centers and panelboards over 600 volts or over 1,000 amperes in rating, each $120.17 $124.12 MISCELLANEOUS APPARATUS, CONDUITS AND CONDUCTORS. For electrical apparatus, conduits and conductors for which a permit is required but for which no fee is herein set forth $25.75 $26.59 (NOTE:This fee is not applicable when a fee is paid for one or more services,outlets,fixtures, appliances,power apparatus,busways,signs or other equipment. Page 9 of 39 City of Azusa Schedule of Fees and Charges(Fund 101-Developer Only) 2008.2009 Exhibit-1 ECONOMIC &COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2007-2008 2008-2009 Item Description Cost Per Cost Per S.F. Avg. S.F.Avg. PRIVATE SWIMMING POOLS For new private, residential, inground swimming pools for single, or multi-family occupancies, including a complete system of necessary branch circuit wiring, bonding, grounding underwater lighting, water pumping and other similar electrical equipment $51.51 $53.20 For other types of swimming pools, therapeutic whirlpools, spas, hot tubs and alterations to existing swimming pools, each $34.34 $35.47 CARNIVALS AND CIRCUSES Carnivals, circuses and other traveling shows or exhibitions utilizing transportable-type rides, booths, displays and attractions. For electrical generators and electrical driven rides, each $25.75 $26.59 For mechanically driven rides and walk-through attractions or displays having electric lighting, each $10.30 $10.64 For a system of area and booth lighting, each $10.30 $10.64 For permanently installed rides, booths, displays, and attractions $10.30 $10.64 OTHER INSPECTIONS For inspection of electrical equipment for which no fee is herein set forth, the fee shall be determined by the Building Official S-4 PLUMBING FEES Each plumbing fixture or trap or set of fixtures on one trap (including drainage, vent,water piping and backflow prevention devices therefore) $10.30 $10.64 Each permanent type dishwasher whether individually trapped or not $10.30 $10.64 Each industrial waste pretreatment interceptor including it's trap&vent, except kitchen type grease interceptors functioning as fixtures traps $10.30 $10.64 Each swimming pool drainage trap& receptor whether connected to a building drain or building sewer(water supply for pool not included) $10.30 $10.64 Each gas piping system of 1 to 5 outlets or alteration or retest of existing gas piping system $10.30 $10.64 Each additional outlet over five $2.58 $2.66 Each gas pressure regulator other than appliance regulators $3.43 $3.55 Each water heater and/or vent $10.30 $10.64 Each solar potable water heating system, including water heater/vent $34.34 $35.47 For repair or alteration of drainage and/or vent piping $10.30 $10.64 Each piece of water-treating equipment and/or water piping installed without accompanying plumbing $10.30 $10.64 Lawn sprinkler systems on 1 meter including backflow prevention devices $10.30 $10.64 Backflow prevention devices on unprotected water supplied, pools,tanks, vats, etc. (including incidental water piping) 1 to 5 $10.30 $10.64 Any swimming pool piping associated wit the construction, remodeling or repair of a swimming pool, spa and hot tub $28.61 $29.55 Each additional device over five (5) $2.58 $2.66 Page 10 of 39 City of Azusa Schedule of Fees and Charges (Fund 101-Developer Only) 2008-2009 Exhibit-1 ECONOMIC &COMMUNITY DEVELOPMENTICOMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2007-2008 2008-2009 Item Description Cost Per Cost Per S.F. Avg. S.F.Avg. S-4 PLUMBING FEES Each building drain installed without accompanying plumbing $10.30 $10.64 For connection of a house sewer to a public sewer or the extension of a house lateral onto a lot for future use $29.18 $30.14 For each house sewer manhole $29.18 $30.14 Each installation of a section of house sewer for future use $18.88 $19.50 For the connection of each additional bldg. or work to house sewer $18.88 $19.50 For the connection of a house sewer to a private sewage disposal system $18.88 $19.50 For each private sewage disposal system (septic tank& seepage pit or pits and/ordrainfeld) $60.09 $62.06 For each cesspool, overflow seepage pit, percolation test pit, swimming pool drywell, or drainfield extension or replacement $29.18 $30.14 For disconnection, abandonment, alteration or repair of any house sewer or private sewage disposal system or part thereof $18.8B $19.50 y.ia.y-'-v - : k� s �n 4:.;g• ..K rR•. z•r; ;a£.s.+A � :_.-., ..x .... .: .< k . ':ks'w':•?. .r , nn �¢}4.,.,, iLKf> ...:..W_f S-5 MECHANICAL PERMIT FEES Installation, alteration or relocation of each refrigeration compressor or absorption unit, &each fuel burning furnace, heater, boiler, and vented decorative appliance including vents attached thereto: Up to&including 100,000 BTU $17.17 $17.73 More than 100,000 BTU to&including 1,000,000 BTU $34.34 $35.47 More than 1,000,000 BTU $85.83 $88.65 For each air inlet&air outlet served by any air conditioning system $3.01 $3.11 For each 1,000 sq.ft. or fraction thereof of conditioned area $24.04 $24.83 Note:When a permit is applied for and the total number of air inlets&air outlets is unknown, the fees shall be based on the sq.t.of conditioned area. For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit $8.58 $8.86 For the installation or alteration of each air handling unit for air conditioning including ducts attached thereto: Up to&including 2,000 CFM-Each unit up to 10 $8.58 $8.86 Each unit over 10 $2.58 $2.66 More than 2,000 CFM to and including 10,000 CFM $25.77 $26.62 More than 10,000 CFM $42.92 $44.33 Note:This fee shall not apply to an air handling unit which is a portion of a factory assembled air oondfioned appliance for which a permit is required elsewhere in this Code. For each evaporative cooler other than portable type $13.74 $14.19 For required ventilation fans which serve a single register: Each fan up to 10 $10.30 $10.64 Each fan over 10 $3.43 $3.55 For each required ventilation system which is not a portion of any air conditioning system for which a permit is required elsewhere in this Code $20.60 $21.28 Page 11 of 39 City of Azusa Schedule of Fees and Charges(Fund 101-Developer Only) 2008-2009 Exhibit-1 ECONOMIC &COMMUNITY DEVELOPMENT/COMMUNITY IMPROVEMENT BUILDING AND SAFETY Approved Proposed Area 2007-2008 2008-2009 Item Description Cost Per Cost Per S.F.Avg. S.F.Avg. S-5 MECHANICAL PERMIT FEES For the installation or each commercial kitchen hood or spray booth served by mechanical exhaust, including the fans and ducts attached thereto $42.92 $44.33 For the installation of each fire damper $6.87 $7.09 Alteration of existing duct system where a permit is not required elsewhere $17.17 $17.73 Note:1)for refrigeration system rating one horsepower,one ton,or 12,000 BTU per hour shall mean the same quantily Note:2)for steam boilers rated in boiler horsepower,one horsepower shall equal 50,000 BTU per hour PLAN CHECK FEES Building Plan Check Fee-85%of Permit Fee-$15.00 minimum Electric Plan Check Fee-80% of Permit Fee-$15.00 minimum Energy Plan Check Fee- 10%of Building Permit Fee Mechanical Plan Check Fee-80%of Permit Fee-$15.00 minimum Plumbing Plan Check Fee-80% of Permit Fee-$15.00 minimum Page 12 of 39 City of Azusa Schedule of Fees and Charges Developer Only 2008-2009 Exhibit 1.2 BUILDING AND SAFETY Approved Approved Proposed Area 2006-2007 2007-2008 2008-2009 Item Description Fee/Unit Fee/Unit Fee/Unit 5-045 Grading Plan Check Fee Variable Variable Variable 50%of Grading Permit Fee S-046 Grading Inspection Variable Variable Variable Fee is 1 112%of estimated construction costs Grading Permit Fee-Based on Cubic Yards $122 $126 $130 Permit Fee for Changes to Original Permit: $77 $80 $83 $20,001 to$50,000 $77 $80 $83 $50,001 to$75,000 $105 $108 $112 $75,001 to$100,000 $161 $166 $171 $100,001 to $200,000 $210 $217 $224 $200,000 to$500,000 $271 $280 $289 $500,001 and up $332 $343 $354 Special Site Inspection $61 $63 $65 Commercial- Minimum 2 hours $122 $126 $130 Residential- Minimum 2 hour $122 $126 $130 Residential(non-habitable space)-Min. 2 hours $116 $120 $124 Occupancy Inspection Fee: 0-1 to 15,000 sq ft-1/2 hour of technical staff time $33 $34 $35 15,000 sq.ft. on- 1 hour of technical staff time $61 $63 $65 Bonds for Sign(s)- Refundable $183 $189 $195 Demolition Permit Fee-Minimum 1 hour $72 $74 $76 Deputy Inspection Registration Fee-Deputy $33 $34 $35 Emergency Inspection Fee-Minimum 1 hours $100 $103 $106 Hearing Officer Actual Cost Actual Cost Actual Cost Pre-Plan Check Submittal-Minimum 2 hours $127 $131 $135 Rehabilitation Permit Fee $283 $292 $302 Reinspection Fee-Minimum 1 hour $67 $69 $71 Room Addition Plan Check Fee- Minimum 2 hours $127 $131 $135 Swimming Pool Permit Fee-Based on Valuation $77 $80 $83 Swimming Pool Plan Check Fee-80%of Permit Fee $61 $63 $65 Trailer Coach $122 $126 $130 Trash Enclosure- $10 for additional enclosure $49 $5.1 $53 Relocation of Buildings: 0 to 2,000 sq.ft. $287 $296 $306 2,001 to 5,000 sq.ft. $537 $555 $573 5,001 sq.ft. and up $775 $800 $826 Page 13 of 39 City of Azusa Schedule of Fees and Charges Developer Only 2008-2009 Exhibit 1.2 BUILDING AND SAFETY Approved Approved Proposed Area 2006-2007 2007-2008 2008-2009 Item Description Fee/Unit Fee/Unit Fee/Unit Plan Checking Fee: Staff rates assessed against deposit. Executive Staff-per hour $110 $114 $118 Professional Staff- per hour $78 $81 $84 Technical Staff(Plan Checker/Inspector)- per hour $67 $69 $71 On-site Improvement Inspections: $2,000 deposit required for parking lot paving and mis Professional Staff- per hour $67 $69 $71 Rates applied against deposit Technical Staff - per hour $61 $63 $65 Rates applied against deposit Page 14 of 39 City of Azusa Schedule of Fees and Charges -Developer Only 2008-2009 Exhibit 2 PLANNING AND ENGINEERING Approved Approved Proposed Area 2006-2007 2007.2008 2008.2009 Item Description Fee/Unit Fee/Unit Fee/Unit 5-001 Zoning Clearance $52 $54 $56 5402 Minor Design Review(over the counter) $337 $349 $360 S-003 Staff Level Design Review $1,339 $1,386 $1,431 Reduced to$350 for modifications to existing structures S-004 Major Design Review(Deposit) $6,100 (0) $6,100 (D) $6,100 (D) S-005 Use Permit Major UP $3,981 . $4,120 $4,255 Minor UP $973 $1,007 $1,040 S-006 UP Modifications Modifications to Major UP $1,802 $1,865 $1,926 Modifications to Minor UP $426 $441 $455 S-008 Minor Variance $691 $715 $738 5-009 Variance $4,102 $4,245 $4,384 $850 when Single Family Structure is involved S-010 Zone Change $5,000 (D) $5,000 (D) $5,000 (D) S-012 Development Agreement $8,100(D) $8,100 (D) $8,100 (D) Annual Monitoring $4,000 (D) $4,000(D) $4,000 (D) Deposit for charges at fully allocated hourly rates. All costs recovered. S-013 General Plan Amendment $10,200 (D) $10,200 (D) $10,200 (D) Deposit for charges at fully allocated hourly rates. All costs recovered. S-014 Specific Plan $8,200(D) $8,200 (D) $8,200 (D) Deposit for charges at fully allocated hourly rates. All costs recovered. 5-015 Specific Plan Amendment $4,000 (D) $4,000 (D) $4,000 (D) S-016 Tentative Parcel Map $1,918 $1,985 $2,050 S-017 Tentative Tract Map 5-20 lots $2,869 $2,969 $3,066 20-50 lots $3,478 $3,599 $3,717 50-100 lots $4,855 $5,024 $5,189 100+ lots $6,231 $6,448 $6,660 Page 15 of 39 City of Azusa Schedule of Fees and Charges-Developer Only 2008-2009 Exhibit 2 PLANNING AND ENGINEERING Approved Approved Proposed Area 2006-2007 2007-2008 2008-2009 Item Description Fee/Unit Fee/Unit Fee/Unit 5-018 Reversion to Acreage $1,250 $1,294 $1,336 S-019 Lot Merger $470 $486 $502 S-020 Environmental Categorical Exemption Rev. $100 $103 $106 5-021 Environmental Initial Study $968 $1,002 $1,035 5-023 Environmental Impact Report Review $4,500(D) $4,500 (D) $4,500 (D) Deposit for charges at fully allocated hourly rates. All costs recovered. 5-024 Mitigation Monitoring-CEQA Monitoring $271 $280 $289 Plus$85 hourly rate when applicable S-025 Annexation $6,300(D) $6,300(D) $6,300(D) Deposit for charges at fully allocated hourly rates. All costs recovered. 5-026 Condominium Conversion Map $4,794 $4,961 $5,124 S-027 Minor Sign Review $55 $57 $59 S-028 Major Sign Review $448 $464 $479 5.030 Temporary Occupancy Review $393 $407 $420 5-031 Temporary Use Permit $437 $452 $467 25% discount for Azusa based non-profit organizations S-032 Continuance Processing $509 $527 $544 5-033 Time Extension Review- Staff $343 $355 $367 5-034 Time Extension Review-Planning Commission $509 $527 $544 S-035 Appeal To Planning Commission $447 $463 $478 S-036 Appeal To City Council $679 $703 $726 S-15 Preliminary Plan Review $221 $229 $237 Nonconforming Use Time Extension $658 $681 $703 S-037 Certificate of Compliance $868 $898 $927 Page 16 of 39 City of Azusa Schedule of Fees and Charges -Developer Only 2008-2009 Exhibit 2 PLANNING AND ENGINEERING Approved Approved Proposed Area 2006-2007 2007-2008 2008-2009 Item Description Fee/Unit Fee/Unit Fee/Unit S-038 Street Name Processing W/O Map $857 $887 $916 S-039 Street Re-Name Processing $1,460 $1,511 $1,561 S-040 Building Address Processing W/O Map $299 $309 $319 S-041 Building Re-Address Processing $420 $435 $449 S-044 Special Building Inspection $199 $206 $213 S-047 Public/Private Improvement Plan Check Variable Variable Variable 2.5%of estimated construction costs S-048 Public/Private Improvement Inspection Variable Variable Variable 2.5% of estimated construction costs S-049 Final Parcel Maps: $1,382 $1,430 $1,477 City Fee$777 County Fee$700 S-050 Final Maps: Map Analysis for Tracts: 1 -5 Lots City Fee$963 County Fee$710 $1,565 $1,620 $1,673 6- 10 Lots City Fee$1,001 County. Fee $915 $1,792 $1,855 $1,916 11 -25 Lots City Fee$1,079 County Fee$1,350 $2,273 $2,352 $2,429 26- 50 Lots City Fee$1,234 County Fee$2,200 $3,213 $3,325 $3,434 51 - 100 Lots City Fee$1,434 County Fee $3,300 $4,429 $4,584 $4,734 101 - 150 Lots City Fee$1,743 County Fee$5,000 $6,309 $6,529 $6,743 151 or more Lots City Fee$2,035 County Fee$6,600 $8,079 $8,361 $8,635 S-051 Easement Checking for Tract Maps $525 $543 $561 City Fee$351 County $210 Easement Checking for Parcel Maps $487 $504 $521 City Fee$346 County $175 S-052 Monument Inspection each $310 $321 $332 City Fee $207 County $125 S-053 Bond Processing $138 $143 $148 City Fee$73 County $75 Page 17 of 39 City of Azusa Schedule of Fees and Charges -Developer Only 2008-2009 Exhibit 2 PLANNING AND ENGINEERING Approved Approved Proposed Area 2006-2007 2007-2008 2008-2009 Item Description Fee/Unit Fee/Unit Fee/Unit S-054 Tax Clearance Processing: 5 yr history (provided by County) $746 $772 $797 City Fee$172 County$625 S-055 Lot Line Adjustment $984 $1,018 $1,051 S-056 Street/ROW Abandonment Proc. $1,222 $1,265 $1,307 S-057 Sidewalk/Curb/Gutter: Up to 75 LF $171 $177 $183 Additional 75 LF, no deposit $55 $57 $59 Driveway Approach/Street Cut: Up to 100 SF $171 $177 $183 Additional 100 SF, no deposit $55 $57 $59 S-058 Obstruction Permit $61 $63 $65 S-059 Transportation Permits(oversized and/or overweight trucks): Single Trip/Rider $18 $18 $18 Fee set by state Annual Permit $98 $98 $98 Fee set by state 5-060 House Moving Permit $216 $224 $231 S-061 Sewer Saddle $227 $235 $243 Sewer Dye Test See Exhibit 7- Utility Sewer Blockage Check See Exhibit 7- Utility S-062 Blueprint/Map Copy Service, per sheet $17 $18 $19 S-063 Real Property Records Report Condominium/Townhouses $28 $29 $30 Vacant/Unimproved Land $133 $138 $143 Single Family Dwellings $133 $138 $143 Multi-Family Dwelling -per parcel (plus$8 for add'I unit) $133 $138 $143 Commercial Properties $133 $138 $143 S-064 Residential Rental Housing Registration and Inspection: Per parcel- includes first unit(plus$8 for add'I unit) $50 $52 $54 S-065 Lien Release $61 $63 $65 Page 18 of 39 City of Azusa Schedule of Fees and Charges -Developer Only 2008-2009 Exhibit 2 PLANNING AND ENGINEERING Approved Approved Proposed Area 2006-2007 2007-2008 2008-2009 Item Description Fee/Unit Fee/Unit Fee/Unit S-066 Admin. Hearing Appeal $188 $195 $201 City Fee$176 Court$25 Project Plans/Specifications- Plus$10 if mailed $44 $46 $48 S-3.1 Block Wall Permit Verification of Conditions: County $161 $167 $172 City $138 $143 $148 Agreement and/or Improvement Security, each $183 $189 $195 Extension Time for Improvement Agreement, each $249 $258 $266 Fourth Submittal Originals/Prints $343 $355 $367 Sixth Submittal or Originals/Prints $1,205 $1,247 $1,288 Eighth and each subsequent submittal of originals/prints $1,437 $1,487 $1,536 Minor Land Divisions: Lot Split $509 $527 $544 Recording Fee: First Sheet $7 $7 $7 Additional sheets, each $2 $2 $2 LDMA Surcharge(County maps only): $343 $355 $367 Tract Map Parcel Map $116 $120 $124 Overtime: Tract Map $1,150 $1,190 $1,229 Parcel Map $802 $830 $857 5-6.3 Staff Rates: Director of Public Works-per hour NIA $139 $160 City Engineer-per hour N/A $121 $140 Principal City Engineer-per hour N/A N/A $120 Assistant City Engineer- per hour N/A $104 $107 Associate City Engineer-per hour N/A $94 $97 Public Works Inspector-per hour N/A $84 $87 Consultant(Invoice +36% Overhead) Variable Variable Variable S-6.5 Code Compliance Fee $33 $34 $35 S-7 Landscape Design Standards(Over the Counter Sales) $6 $6 $6 Page 19 of 39 City of Azusa Schedule of Fees and Charges-Developer Only 2008.2009 Exhibit 2 PLANNING AND ENGINEERING Approved Approved Proposed Area 2006-2007 2007-2008 2008-2009 Item Description Fee/Unit Fee/Unit Fee/Unit S-18 City-provided Tree Planting - One 15 gallon Tree $94 $97 $100 City-provided Tree Planting- One 24" Box Tree $161 $167 $172 5-95.1 Recovery& Storage of Abandoned Shopping Carts $11 $11 $11 Page 20 of 39 City of Azusa Schedule of Fees and Charges Developer Only 2008-2009 Exhibit 3 FIRE SAFETY Approved Approved Proposed Area 2006-2007 2007-2008 2008-2009 Item Description Fee/Unit Fee/Unit Fee/Unit S-1.1 Fire Safety-Fee per Hour: Fire Plan Check $90 $93 $96 Fire Alarm System $90 $93 $96 Fire Extinguisher Service $90 $93 $96 Flammable Storage $90 $93 $96 Hood System $90 $93 $96 Spray Booths $90 $93 $96 Subdivision Plan Checking $90 $93 $96 Fire Permit Fees Occupancy Inspection -per hour $90 $93 $96 Christmas Tree Lot Inspection - per hour $90 $93 $96 CircuslCamival Inspection- Minimum 2 hours $180 $186 $192 Flammable Liquid Tank Site Inspection-Minimum 3 hours $269 $278 $287 Liquid Petroleum Gasses-per hour $90 $93 $96 Magnesium Working- Minimum 2 hours $180 $186 $192 Motor Vehicle Repair Garages- per hour $90 $93 $96 Oxygen System Installation- Minimum 2 hours $180 $186 $192 StoragetHandling Flammable Liquids- Minimum 2 hours $180 $186 $192 Underground Tank Installation- Minimum 4 hours $359 $372 $384 Underground Tank Removal -Minimum 3 hours $269 $278 $287 Fireworks Stands- Minimum 1/z hour $45 $47 $49 Metal Foundry-Minimum 2 hours $180 $186 $192 Places of Assembly-Minimum 2 hours $180 $186 $192 Pyrotechnical Special Effects-per hour $90 $93 $96 Public Rifle/Gun Ranges-Minimum 2 hours $180 $186 $192 Tire Storage Areas in Excess of 1,000 cu. ft. -per hour $90 $93 $96 Automobile Dismantling/Storage Yards-Minimum 2 hours $180 $186 $192 Commercial Woodworking Facilities with Dust Collection Systems Greater than 25 gallons- Minimum 2 hours $180 $186 $192 Educational/Daycare Centers-Minimum 3 hours $269 $278 $287 Miscellaneous Fire Fees-per hour Residential Inspection per Sec. 13146.2 of H&S Code $90 $93 $96 Engine Company Standby $90 $93 $96 Hazardous Materials Response $90 $93 $96 Special Inspections $90 $93 $96 Weed Abatement(Processing &Referral) $90 $93 $96 Page 21 of 39 City of Azusa Schedule of Fees and Charges 2008-2009 Exhibit 3A ADULT BUSINESSES Area Approved Proposed Item Description 2007-2008 2008-2009 Fee/Unit Fee/Unit Business Licenses 1. Adult-oriented business license See Business License See Business License Partial Payment of Fees-Additional Charge N/A $15 2. Adult Business License Application Fee $168 $174 Partial Payment of Fees-Additional Charge N/A $15 3. Initial Business License Fee See Business License See Business License Partial Payment of Fees-Additional Charge NIA $15 4. Annual Renewal Fee $34 $35 Partial Payment of Fees-Additional Charge NIA $15 5. Adult Business License Appeal Fee $2,245 $2,319 Partial Payment of Fees-Additional Charge N/A $15 6. Live Entertainer License Actual time spent at hourly rate Actual time spent at hourly rate of involved City Staff,charged of involved City Staff,charged against$2,500 initial deposit against$2,500 initial deposit 7. Figure Model License Actual time spent at hourly rate Actual time spent at hourly rate of involved City Staff, charged of involved City Staff,charged against$2,500 initial deposit against$2,500 initial deposit 8. Live Entertainer/Figure Model License Renewal Actual time spent at hourly rate Actual time spent at hourly rate of involved City Staff,charged of involved City Staff, charged against$2,500 initial deposit against$2,500 initial deposit Planning 1. Interim Adult Use Planning Permit Actual time spent at hourly rate Actual time spent at hourly rate of involved City Staff,charged of involved City Staff, charged against$5,000 initial deposit against$5,000 initial deposit 2. Final Adult Use Planning Permit Actual time spent at hourly rate Actual time spent at hourly rate of involved City Staff, charged of involved City Staff, charged against$5,000 initial deposit against$5,000 initial deposit 3. Extension of Amortization Actual time spent at hourly rate Actual time spent at hourly rate of involved City Staff, charged of involved City Staff, charged against$5,000 initial deposit against$5,000 initial deposit Page 22 of 39 City of Azusa Schedule of Fees and Charges 2008-2009 Exhibit 4 POLICE Approved Approved Proposed Service 2006-2007 2007-2008 2008-2009 Area Description Fee/Unit Fee/Unit Fee/Unit 5-067 Noise Disturbance Response Variable Variable Variable Full cost recover after 2nd response S-068 Alarm registration $25 $25 $25 Renewal $16 $16 $16 False Alarm Response-Registered alarm Variable Variable Variable 1 st free, $50, $250, $500 thereafter False Alarm Response-Unregistered alarm Variable Variable Variable 1st free, $50, $250, $500 incrementally 5-069 DUI Accident Response Investigation $1,087 $1,123 $1,160 S-070 Equipment Citation Verification (Azusa PD) No Charge. No Charge No Charge Equipment Citation Verification (Citation by other PD) $12 $12 $12 S-071 Vehicle Verification (Azusa PD) $33 $34 $35 Vehicle Verification (Citation by Other PD) $33 $34 $35 S-072 Public Safety at Special Events: Office- per hour $103 $106 $109 Reserve Officer $33 $34 $35 5-073 Entertainment Permit-Temporary $234 $242 $250 Entertainment Permit- Regular $234 $242 $250 Entertainment Permit-Renewal $234 $242 $250 S-074 Dance Permit-One Time $38 $39 $40 DancePermit-Annual $38 $39 $40 Pawn Shop Permit $38 $39 $40 5-075 Vehicle Impound Fees $65 $67 $69 S-076 Repossessed Vehicle Release $12 $12 $12 5-077 Police Records Check/Clear Letter $22 $23 $24 S-078 Immigration Letters $22 $23 $24 S-079 Public Safety Application Background Check $27 $28 $29 5-081 Police Photo Reproduction-plus cost of photos $54 $56 $58 Photo CD Reproduction $5 to$10 $5 to$10 $5 to$10 5-082 Video/Audio Tape/CD Reproduction $73 $73 $75 Page 23 of 39 City of Azusa Schedule of Fees and Charges 2008-2009 Exhibit 4 POLICE' Approved Approved Proposed Service 2006-2007 2007-2008 2008-2009 Area Description Fee/Unit Fee/Unit Fee/Unit 5-083 Police Report Copy Variable Variable Variable .50 first page+.15 each additional page No charge if report is 4 pages or less. Regulated Fee S-084 Special Computer Search-per hour $76 $78 $81 S-085 Civil Subpoena Processing Variable Variable Variable No change to current fee of$20 plus reproduction costs and$150/day deposit+travel. Regulated Fee 5-086 Duces Tecum Subpoena Processing Variable Variable Variable Fees are set by State law S-087 Animal Regulation, as per Ordinance: Program under review for cost savings Dog License-Regular- 1 year license $40 $40 $40 Dog License-3 year license $120 $120 $120 Dog License-Neutered- 1 year license $20 $20 $20 Dog License- Neutered-3 year license $60 $60 $60 Senior/Low Income- 1 Dog License Free Free Free Lifetime with Implanted Microchip $155 $155 $155 Duplicate $10 $10 $10 Late Payment Processing Fee-50%of License Fee Voluntary Cat Licenses 3-year License $32 $32 $35 Lifetime with Implanted Microchip $54 $54 $55 S-019 Business Inspection: Carnival Worker License $33 $34 $35 5-020 Vehicle Code Enforcement Per Court Per Court Per Court S-021 Parking Enforcement Per Court Per Court Per Court 5-022 General Code Enforcement Actual Cost Actual Cost Actual Cost DUllmpound $193 $199 $206 Impound &Collision Tow Service-per hr. (minimum 1 hr.) Variable Variable Variable Storage Fees- Per Day Automobiles and Light Trucks $40 Max $40 Max $40 Max Trucks over 1 Ton $50 Max $50 Max $50 Max Semi-Truck and Trailer $50 Max $50 Max $50 Max Motorcycle $46.75 Max $46.75 Max $46.75 Max Page 24 of 39 City of Azusa Schedule of Fees and Charges 2008-2009 Exhibit 4 POLICE Approved Approved Proposed Service 2006-2007 2007-2008 2008-2009 Area Description Fee/Unit Fee/Unit Fee/Unit 5.025 Accident Report Investigation. Fee set by State Law. $18 $19 $20 S-027 Alarm Monitoring Service Actual Cost Actual Cost Actual Cost S-028 Jail $98 $101 $104 S-032.1 Court Order Custody Reimbursement Fee per 24-hour $98 $101 $104 period or fraction thereof Incident Report $21 $22 $23 5-032.4 Paramedic Service Actual Cost Actual Cost Actual Cost 5-032.5 Weed Abatement Inspection (Processing& Referring) $282 $291 $301 Traffic Collision Report -- Injury $21 $22 $23 Traffic Collision Report -- Non-injury $11 $11 $11 Comm Srvc Officer Special Event Fees per Hour $42 $42 $43 Police Aide Special Event Fees per Hour $12 $12 $13 Page 25 of 39 City of Azusa Schedule of Fees and Charges 2008-2009 Exhibit 5 RECREATION Approved Approved Proposed Service 2006-2007 2007-2008 2008-2009 Area Description Fee/Unit Fee/Unit Fee/Unit S-33 Aquatics Program: Swimming Lessons-Children/Group $29 $30 $30 Swimming Lessons-Children Private $29 $30 $30 Swimming Lessons-Adult/Group $29 $30 $30 Swimming Lessons-Adult/Private $29 $30 $30 Swimming Team $50 $50 $50 (Additional Child-same family) $45 $45 $45 Lap Swim $2 $2 $2 Water Exercise-Adults $29 $30 $30 Water Exercise-Seniors (per class period) $1 $1 $0.50 Lifeguard Training Class N/A N/A $125 Jr. Lifeguard Class N/A N/A $80 S-34 Recreation Swimming: 12 years old &under includes slide $1 $0.50 $0.50 Teens up to 17 includes slide $2 $2 $2 Seniors 50 years and older NIA $1 $1 Adults 18 and older includes slide $3 $3 $2 S-35 Swimming Pool Rental- Minimum of 2 hours/security deposit(refundable) 1-100 people $300/$200 $300/$200 $325/$200 101-250 people $400/$200 $400/$200 $425/$200 251-350 people $500/$200 $500/$200 $525/$200 Additional-Water Slide $100/$50 $1001$50 $100/$50 S-36 Leisure Classes Varies Varies Varies 5-38 Adult Sports Programs: Adult Baseball N/A $350 $400 Adult Softball $350 $350 $350 Adult Basketball $300 $300 $300 Adult Volleyball $185 $185 $185 Adult Softball Tournaments $200 $200 $200 Golf Tournament $90 $100 $100 S-41 Youth Sports Programs: Pony Baseball Fee $65 $65 $65 (Additional Child-same family) N/A $60 $60 Winter Pony Baseball $40 $40 $40 (Additional Child-same family) N/A $35 $35 Mighty-Mite Baseball (T-Ball/Coach Pitch) $40 $40 $40 (Additional Child-same family) N/A $35 . $35 Mighty-Mite Basketball $40 $40 $40 (Additional Child-same family) N/A $35 $35 Page 26 of 39 City of Azusa Schedule of Fees and Charges 2008-2009 Exhibit 5 RECREATION Approved Approved Proposed Service 2006-2007 2007-2008 2008-2009 Area Description Fee/Unit Fee/Unit Fee/Unit Mighty-Mite Flag Football $40 $40 $40 (Additional Child-same family) NIA $35 $35 Mighty-Mite Soccer $40 $40 $40 (Additional Child-same family) N/A $35 $35 Flag Football (T Shirt Uniforms)-$25 new: $20 returning $25/$20 $251$20 $25/$20 (Additional Child-same family) N/A $20/$15 $20/$15 Basketball (T Shirt Uniforms)-$25 new: $20 returning $25/$20 $25/$20 $251$20 (Additional Child-same family) NIA $201$15 $20/$15 Summer Basketball $45 $45 $45 (Additional Child-same family) NIA $40 $40 Volleyball (T Shirt Uniform)- $30 new: $25 returning $251$20 $30/$25 $301$25 (Additional Child-same family) N/A $251$20 $25/$20 Soccer(T Shirt Uniform)-$25 new : $20 returning $251$20 $251$20 $25/$20 (Additional Child-same family) NIA $201$15 $201$15 Canyon City Girls Fast Pitch Softball $45 $45 $45 (Additional Child-same family) N/A $40 $40 S-41.1 Ball Diamond Rental Drag, Line and Water Field-Prepared $20 $20 $20 Staff, scorekeeping -per hour $10 $10 $15 Use of Scoreboards $15 $15 $15 Field Rental-No Lights $20 $20 $20 Field Rental-With Lights $30 $30 $30 Use of Bases $15 $15 $15 Deposit for Use of Bases $200 $200 $200 Use of Strike Zone Mat $15 $15 $15 Athletic Field Charge: (Green Space) Memorial Park-per hour $60 $60 $60 Northside South Field Area- per hour $40 $40 $60 Zacatecas Park N/A N/A $60 Gladstone Park-per hour $30 $30 $30 Lights Included 5-43 Golden Days Special Events: 2K/5K Run/Walk: Youth Price/Pre-registration/Day of the event $151$20 $10/$15 $10/$15 2K/5K Run/Walk:Adult Price/Pre-registration/Day of the event N/A $15/$20 $15/$20 5-44 Children's Day Camp($85175 per week)($17/$15 per day x 5 days/week) Weekly Fee-Discount$2.00 for 2nd child in family Registration fee (one time) $20 $20 $20 Summer Day Camp(per day) $17/$15 $17/$15 $17/$15 5-47 Recreation Special Events: Haunted House Dance $10 $10 $10 Back to School Dance $10 $10 $10 Page 27 of 39 City of Azusa Schedule of Fees and Charges 2008-2009 Exhibit 5 RECREATION Approved Approved Proposed Service 2006-2007 2007-2008 2008-2009 Area Description Fee/Unit Fee/Unit Fee/Unit Winter Wild Dance $10 $10 $10 Tournament of Champion Dance $10 $10 $10 Spring Thing Dance $10 $10 $10 Summer Is Here Dance $10 $10 $10 Trunk or Treat Car Show vendor $25 $25 $25 Tournament of Champions Finals at APU Events Center(Adult) $3 $3 $3 (Student) $2 $2 $2 (Child 3-11) $1 $1 $1 Volleyball Clinic NIA $20 $25 Junior Olympic Track(per school) $100 $100 $100 Cinco De Mayo Food Vendor $30-$50 $30-$50 $30-$50 Winter Fiesta Food Vendor $75 $75 $75 Memorial Park Facilities Meeting Room -normal operating hours $30 $30 $30 -outside normal hours $40 $40 $40 -Non-Resident Fee (Flat) $50 $50 $50 Gym or Main Room- normal operating hours $40 $40 $40 -outside normal hours $60 $60 $60 -Non-Resident Fee (Flat) $125 $125 $125 Kitchen (Flat Fee) $50 $50 $50 -Non-Resident Fee (Flat) $25 $25 $25 Cleaning(Flat Fee) $50 $50 $50 Cinco de Mayo (Novelty and Craft Vendor Fees) $50 $50 Holiday Crafts (Vendors Fees) $25 $35 $35 Girls Night In $20 $20 $20 Bounce House Application Usage $20 $20 $20 Non-Resident Fee:(Flat) $20 $20 $20 Picnic Shelter Application Rental (Gladstone Park) Area# 1 NIA $20 $20 Area#2 N/A $20 $20 Area#3 N/A $20 $20 Non-Resident Fee:(Flat) NIA $20 $20 Picnic Shelter Application Rental (Memorial Park) Single Shelter(Area#2,3,4 & 5) $20 $20 $20 Double Shelter(Area# 1&6) $30 $30 $30 Non-Resident Fee:(Flat) $20 $20 $20 Picnic Shelter Application Rental (Northside Park) S-Leg Area# 1 $20 $20 $20 S-Leg Area#2 $20 $20 $20 S-Leg Area#3 $20 $20 $20 S-Leg Area#4 $20 $20 $20 S-Leg Area#5(includes serving table) $30 $30 $30 Page 28 of 39 City of Azusa Schedule of Fees and Charges 2008.2009 Exhibit 5 RECREATION Approved Approved Proposed Service 2006-2007 2007-2008 2008-2009 Area Description Fee/Unit Fee/Unit Fee/Unit Non-resident fee(flat) $20 $20 $20 Picnic Shelter Application Rental (Pioneer Park) NE Section Area# 1 (double shelter) $30 $30 $30 NE Section Area#2 $20 $20 $20 NE Section Area# 3 $20 $20 $20 Non-Resident Fee:(Flat) $20 $20 $20 Gazebo Shelter Area#4 N/A $40 $40 Page 29 of 39 City of Azusa Schedule of Fees and Charges 2008-2009 Exhibit 6 LIBRARY Approved Approved Proposed Service 2006-2007 2007-2008 2008-2009 Area Description Fee/Unit Fee/Unit Fee/Unit S-097 Inter-Library Loan Processing $1.50 $1.50 $1.50 Plus Postage 5-098 Book Reservation per Item $0.50 $0.50 $0.25 S-099 Lost Library Card Processing $5 $5 $5 S-100 Processing Overdue Material: Per item per day-Adult $0.20 $0.20 $0.20 Per item per day-Child $0.10 $0.10 $0.10 5-101 Lost/Damage Library Material Processing $10 $10 $10 S-102 Passport Application $30 $30 $25 Rate set by Fed. Govt. 5-103 DVD Rental per Item (for two days) $1.50 $1.50 $1.50 S-104 Rental of Library Auditorium For Profit-during business hours-per hour(minimum 3 hours) $15.00 $20.00 $20.00 For Profit-outside business house-per hour(minimum 3 hours) $15.00 $20.00 $20.00 Non-Profit Organizations-per hour-outside Azusa(min. 3 hours) $10.00 $15.00 $15.00 -During business hours $10.00 $15.00 $15.00 -Outside business hours Variable Variable Variable Resident Non-Profit& Government(minimum 3 hours) No Charge No Charge No Charge Library Cards No Charge No Charge No Charge Personal Computer Usage-per Hour No Charge No Charge No Charge S-52 Filing Special Materials per Item Request No Charge No Charge No Charge S-53 Photocopy Charges per Page(Rate set by concessionaire) Variable Variable N/A Black&White Copies N/A N/A 0.15 Color Copies NIA N/A 0.25 Page 30 of 39 City of Azusa Schedule of Fees and Charges 2008-2009 Exhibit 7 Utilities Approved Proposed Area 20074008 2008-2009 Item Description Fee/Unit Fee/Unit Utility Services 5-105 New Utility Account Setup Connect Fee-Apt.Owners $34 $35 Connect Fee-All Others $40 $41 S-106 Utility Delinquent Turn Off/On 7 am-spm $34 $35 5pm-12am $115 $119 Late Payment Penalty: $7.50 or 5%of total outstanding balance,whichever is greater Standby after hours charge, Fri+Sat until 8 pm $115 $119 S-107 Theft of Water/Light Investigation $223 $230 Damages and estimated usage will also be billed 5-108 Water Pressure Test $57 $59 1st test free S-109 Water Meter Test Charge fully allocated hourly rate 5-110 Water Quality Test $103 $106 Plus lab costs S-111 Flow Test $343 $354 S-112 Temporary Meter Rental Services Variable Variable $100 per meter plus$1,000 deposit S-113 New Water Meter Installation $212 $219 plus material costs 5-114 New Water Service Installation 314"- 1" $2,398 $2,477 Deposit 2„ $2,856 $2,950 Deposit 3„ $6,396 $6,606 Deposit 4" $6,967 $7,196 Deposit 6„ $8,795 $9,084 Deposit 5-115 New Backflow Device Inspection Review $343 $354 S-116 Annual Backflow Device Inspection Review $115 $119 Page 31 d 39 City of Azusa Schedule of Fees and Charges 2008.-2009 Exhibit 7 Utilities Approved Proposed Area 2007-2008 2008-2009 Item Description Fee/Unit Fee/Unit Utility Services S-117 Water Service Various Various No change to various rates based on service size and usage S-118 Sewer Blockage Check $343 $354 Minimum charge plus fully allocated hourly rates No charge, if City fault. S-119 Sewer Dye Test $194 $200 5-120 Emergency Sewage Spill Response Actual Actual Fully allocated hourly rate for all responding personnel 5-121 Wastewater Service City to perform study to determine recovery of system replacement costs. S-122 Electric Meter Test First test in six months Second test in six months Residential $178 $178 Commercial $337 $337 Industrial $497 $497 5-123 Total Electrical Service Re-Install $497 $497 Plus materials 5-124 Additional Electric Span Install $497 $497 Plus materials 5-125 Temporary Electric Installation Overhead<100 ft Underground <50 ft All $497 $497 Plus material 5-126 Temp Single Phase Transformer Installation $3,000 $3,000 Minimum plus material costs 5-127 Temp Three Phase Transformer Installation $6,000 $6,000 Minimum plus material costs S-128 Electric Line Extension/Upgrade Actual Actual Fully allocated hourly rates S-129 Electric Services Various Various Various rates depending on type of services and usage,time-of year and time of day. Page 32 of 39 City of Azusa Schedule of Fees and Charges 2008-2009 Exhibit 7 Utilities Approved Proposed Area 2007-2008 2008-2009 Item Description Fee/Unit Fee/Unit Utility Services 5-130 Banner Installation $450 $450 5-131 After Hours Standby/Call Out Actual Actual Full allocated hourly rates with a two hour minimum. Water System Development Fees:** Residential: Single family residential = $9.916.44/acre, $1,652.81/dwelling unit $9,535.04/$1,589.25 $9,916.44/$1,652.81 Mu10-family residential =$16,938.04/acre,$1,058.64/dwelling unit $16,286.58/$1,017.92 $16,938.04/$1,058.64 Commercial/Industrial: Commercial=$7,600.79/acre, $0.76/sf $7,308.45/$0.73 $7,60D.79/$0.76 Industrial =$8,179.98/acre, $0.32/sf $7,865.37/$0.31 $8,179.98/$0.32 Park/School: School, per acre or unit $6,159.77 $6,406.16 Park,per acre or unit $2,818.86 $2,931.62 Water System Annexation Fees:`* Residential: Single family residential=$4,320.55/acre,$720.17/dwelling unit $4,154.381$692.47 $4,320.55/$720.17 Multi-family residential =$7,380.25/acre, $461.27/dwelling unit $7,096.39/$443.53 $7,380.25/$461.27 Commercialll ndustrlal: Commercial=$3,311.42/acre, $0.32/sf $3,184.06/$0.31 $3,311.42/$0.32 Industrial=$3,564.26/acre, $0.131sf $3,427.17/$0.13 $3,564.261$0.13 Park/School: School, per acre or unit $2,683.91 $2,791.26 Park, per acre or unit $1,228.43 $1,277.56 "Approved by City Council on 08/07/06 Page 33 of 39 City of Azusa Schedule of Fees and Charges 2008-2009 Exhibit 8 BUSINESS LICENSES Approved Approved Proposed Service 2006-2007 2007-2008 2008-2009 Area Description Fee/Unit Fee/Unit Fee/Unit S-133 Application Fee- New Business Outside Contractor $66 $69 $71 Reinstate Outside Contractor $66 $69 $71 Rental Business $66 $69 $71 All Others $138 $143 $148 Partial Payment of Fees-Additional Charge NIA N/A $15 5-134 Home Occupation Permit $61 $64 $66 S-135 New Taxi/Tow Truck Permit $553 $571 $590 5-136 Massage Parlor Technician Permit $182 $188 $194 5-137 Application Fee-Renewal $33 $34 $35 Partial Payment of Fees-Additional Charge N/A N/A $15 S-138 Business License Duplicates $12 $12 $12 S-139 Printouts of Business License Lists $11 $11 $11 5-140 Solicitor Permit-All 1st Solicitation $50 $51 $53 Each Additional Permit $33 $34 $35 S-141 Yard Sale Permit $20 Not required' Not required` S-142 Bingo Permit $187 $194 $200 S-143 Fireworks Stand Permit $260 $268 $277 Field Collection Fee on Delinquent Accounts-plus penalties $55 $57 $59 S-96 Filming or Other Use of City Facilities-per day $1,150 $1,188 $1,227 25% Discount for Azusa-based nonprofit organizations Filming on Private Property $332 $343 $354 S-97 Registration Fee for Non-profit Businesses within a $39 $40 $41 Commercial Building, i.e. banks, schools, etc. Ordinance No. 07-05, approved by Council on 05/07/07 Page 34 of 39 City of Azusa Schedule of Fees and Charges 2008 -2009 Exhibit 9 ADMINISTRATIVE PROCESSING COSTS Approved Approved Proposed Service 2006-2007 2007-2008 2008-2009 Area Description Fee/Unit Fee/Unit Fee/Unit 5-144 Returned Check Processing- 1st Check/2nd Check $26 $25/$35 $25/$35 Fees set by State Code S-145 Re-issuance of lost checks $77 $80 $83 5-146 Document Reproduction $0.52 $0.54 $0.56 $.15 each additional sheet No charge if the report is 4 pages or less Legal Size-per page Letter Size- per page S-147 Document Certification $33 $34 $35 S-148 Audio Tape Copy Service $50 $2 $3 5-149 Candidate Processing $25 $25 $25 Fee set by State Code S-150 Notary Service $10 $10 $10 Fee set by State Code Project specifications and plans $45 $46 $48 $10.00 additional if mailed S-88.1 Processing of Payroll Garnishments per Transactions-set by $5 $5 $5 Court Order S-89 Map and Publication Production Sale To Azusa Residents-maximum $5 $5 $5 Blueprint Reproduction $11 $11 $11 S-91 Code Updating-annual $189 $195 $201 S-93 Records Research Service: 15 minutes or less $17 $18 $19 Over 15 minutes-per 1/4 hour or part thereof $22 $23 $24 S-94 Bond Issuance and Administration-(includes extra$50 per hour) $332 $343 $354 S-48.1 Rental of Civic Center Auditorium During City's normal business hours until 4:OOpm-per hour $40 $40 $40 After 4:00 p.m., weekends or holidays-per hour $50 $50 $50 Non-resident groups-Additional fee per event $40 $40 $40 (25% discount for Azusa-based non-profit.organizations) Page 35 of 39 City of Azusa Schedule of Fees and Charges 2008 -2009 Exhibit 10 . TRANSPORTATION Approved Approved Proposed Service 2006-2007 2007-2008 2008-2009 Area Description Fee/Unit Fee/Unit Fee/Unit Monthly Foothill Transit Passes Senior/Disabled $18/$15 $18/$15 $20/$17 Student K-12 $25/$19.75 $251$19.75 $30/$24.75 College/Vocational $25/$19.75 $25/$19.75 $30/$24.75 Local Lines $55/$41 $55/$41 $661$52 Silver Streak $801$60 $96/$76 Express Discontinued Discontinued Discontinued Commuter Express $120/$100 $1301$110 $155/$135 Discounted passes are available to eligible users and on a first come-first serve basis. Dial-A-Ride Transit(one-way) Medical and Social Services: Azusa, Covina, Duarte, Glendora $0.50 $0.50 $0.50 Baldwin Park, Monrovia, San Dimas,West Covina $1.50 $1.50 $1.50 Non-medical appointments limited to City limits $0.50 $0.50 $0.50 Senior Lunch Program $0.25 $0.25 $0.25 Available to eligible users Metrolink Monthly Passes City residents save$25 on monthly passes Variable Variable Variable Employees of Azusa businesses receive$15 or a match of the amount offered by the employer up to a limit of$25. Variable Variable Variable Page 36 of 39 City of Azusa Schedule of Fees and Charges 2008 -2009 Exhibit 11 WOMAN'S CLUB AND SENIOR CENTER Approved Approved Proposed Service 2006-2007 2007-2008 2008-2009 Area Description Fee/Unit Fee/Unit Fee/Unit 5.48 Woman's Club Rental to Public Coordinated by Contractor: Weekdays Meetings- 8 a.m. -5 p.m. (add'I hours$75 each) $250 $250 $250 Friday Evening Event $300 $300 $300 Saturday Afternoon Event(until 5p.m.) $400 $400 $400 Saturday Afternoon Event(past 5p.m.) $500 $500 $500 Saturday Evening $600 $600 $600 Sunday Event-Anytime $400 $400 $400 Event Liability Insurance $150 $150 $150 Security Deposit $300 $300 $300 Refundable, deposit to hold date Patio Wedding Ceremony $300 $300 $300 Fee split between City and Contractor Additional time> 5 Hours $250 $250 $250 Per hour,fee split between City and Contractor Quincinera-Anytime $700 $700 $700 Cleaning fee $100 $100 $100 Decorating fee outside normal hours of operation (per hour) $15 $15 $15 Woman's Club-For Azusa based Non-Profit Organizations . Building Rental (per hour including setup and clean up time) $50 $50 $50 Kitchen (flat fee) $75 $75 $75 Damage Deposit $300 $300 $300 Staffing (per hour) $15 $15 $15 Cleaning Fee $100 $100 $100 Event Liability Insurance $150 $150 $150 Alcohol Liability Insurance $300 $300 $300 Gazebo at City Hall $300 $300 $300 S-48.3 Rental of Senior Center and Former Armory Small Class Rooms:(non-profit)/(profit)per hour $301$50 $30/$50 $301$50 Large Room:(non-profit)/(profit) per hour $601$100 $601$100 $601$100 Kitchen:(non-profit)/(profit)flat fee $50/$75 $50/$75 $50/$75 Staffing:(after hours only)(non-profit)/(profit) minimal per hour $30/$30 $301$30 $30/$30 Cleaning Fee:flat fee $225 $225 $225 Security Deposit: $200 refundable deposit $200 $200 $200 Non-Resident Fee(flat) $50 $50 $50 Decorating fee outside normal hours of operation (per hour) $15 $15 $15 S-48.2 Special Event Insurance (Actual Cost of Coverage)-depending $145 $145 $145 on activity and Certificate of Insurance-per hour Senior Lunch Program (suggested) donation $1.85 $1.85 $1.85 Page 37 of 39 City of Azusa Schedule of Fees and Charges 2008 -2009 Exhibit 12 GIS MAPS Approved Approved Proposed Area 2006-2007 2007-2008 2008-2009 Item Description FeelUnit Fee/Unit Fee/Unit S-16.1 Paper Map Products Price List 1. Public Access Terminal-Screen Viewing No Charge No Charge No Charge 2. City Map Books $11 $12 $12 3. A Size Plot:8.5 X 11 $11 $12 $12 4. A Size Plot: 8.5 x 11 with photo $17 $18 $19 5. B Size Plot: 11 x 17 $11 $12 $12 6. B Size Plot: 11 x 17 with photo $17 $18 $19 7. C Size Plot: 17 x 22 $28 $29 $30 8. C Size Plot: 17 x 22 with photo $39 $40 $41 9. D Size Plot: 34 x 22 . $55 $57 $59 10. D Size Plot: 34 x 22 with photo $72 $75 $77 11. E Size Plot: 34 x 46 $89 $91 $94 12. E Size Plot: 34 x 46 with photo $144 $148 $153 13. Zoning Citywide Book(11 x 17 sheets) $55 $57 $59 14. City General Plan Land Use or Zoning Map(3 x 5 ft.) $28 $29 $30 15. City General Plan Land Use or Zoning Map(6 x 6 ft.) $55 $57 $59 16. Hourly Charge for Custom Mapping Work $72 $75 $77 Page 38 of 39 City of Azusa Schedule of Fees and Charges 2008-2009 Exhibit 13 Redevelopment Approved Approved Proposed Service 2006-2007 2007-2008 2008.2009 Area Description Fee/Unit Fee/Unit Fee/Unit S-480 Loan Subordination Fee $221 $228 $235 Loan Fee Processing Page 39 of 39 / G 511111 eC"441FOR��P PUBLIC HEARING TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: F. M. DELACH, CITY MANAGER,& FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: JULY 21, 2008 SUBJECT: REQUEST BY COVINA IRRIGATING COMPANY (CIC) THAT CITY OF AZUSA ADOPT A RESOLUTION CONSENTING TO CIC'S USE OF EMINENT DOMAIN TO ACQUIRE A PERMANENT 10-FOOT WIDE EASEMENT AND A TEMPORARY 25-FOOT WIDE CONSTRUCTION AND INSTALLATION EASEMENT, BOTH APPROXIMATELY 400-FEET IN LENGTH, TO CONSTRUCT AND INSTALL A WATER PIPELINE ON PRIVATE PROPERTY WITHIN THE CITY LIMITS RECOMMENDATION It is recommended that the City Council: (1) Open public hearing to consider request by Covina Irrigating Company (CIC) that the City of Azusa adopt a resolution consenting to CIC's use of eminent domain to acquire a permanent and temporary easement through a private road and parking area located on the Crystal Canyon Condominium property located within the City of Azusa for purposes of constructing and maintaining a water transmission line; and (2) Close public hearing and adopt by at least a 4-1 vote resolution attached hereto as Exhibit "A" and incorporated herein by reference and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CONSENTING TO THE USE OF EMINENT DOMAIN, PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE, SECTION 1245.310 ET SEQ., BY THE COVINA IRRIGATING COMPANY TO ACQUIRE A PERMANENT 10-FOOT WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, AND TO CONSTRUCT, INSTALL, USE, INSPECT, LOCATE, MAINTAIN, OPERATE, ALTER, ADD TO, REPAIR, REPLACE, REMOVE AND/OR RELOCATE PIPELINES .AND RELATED FACILITIES AND CONNECTIONS, INCLUDING THE RIGHT TO CONSTRUCT, INSTALL, MAINTAIN, AND OPERATE A 42" PIPELINE, AND THE RIGHT TO REMOVE, REPLACE, AND/OR RELOCATE ANY ABOVE-SURFACE AND SUB-SURFACE PIPELINES, IMPROVEMENTS, STRUCTURES, TREES, SHRUBS, AND ANY OTHER GROWTH THEREON, NECESSARY OR CONVENIENT FOR COVINA IRRIGATING COMPANY'S, OR ITS SUCCESSORS AND ASSIGNS, USE OF THE EASEMENT FOR WATER TRANSPORTATION AND FOR ANY AND ALL OTHER USES AND PURPOSES OF COVINA IRRIGATING COMPANY AND OF ITS SUCCESSORS AND ASSIGNS, AS WELL AS A TEMPORARY 25-FOOT WIDE CONSTRUCTION AND INSTALLATION EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS TO CONSTRUCT, INSTALL, USE, INSPECT, LOCATE, MAINTAIN, OPERATE, ALTER, ADD TO, REPAIR, REPLACE, REMOVE AND/OR RELOCATE SUCH PIPELINE OR PIPELINES AND FACILITIES AND CONNECTIONS, INCLUDING THE RIGHT TO OPERATE NECESSARY EQUIPMENT THEREON, THE RIGHT TO CONSTRUCT, INSTALL, MAINTAIN, AND OPERATE A 42" PIPELINE, AND THE RIGHT TO REMOVE, REPLACE, AND/OR RELOCATE ANY ABOVE-SURFACE AND SUB-SURFACE PIPELINES, IMPROVEMENTS, STRUCTURES, TREES, SHRUBS, AND ANY OTHER GROWTH THEREON, IN, UNDER, UPON, OVER, ACROSS AND THROUGH (SHADY OAK COURT AND PARKING LOT) PROPERTY OWNED BY THE CRYSTAL CANYON DEVELOPMENT HOMEOWNERS AND/OR CRYSTAL CANYON DEVELOPMENT HOME OWNERS ASSOCIATION AS DEPICTED ON THE DIAGRAM ATTACHED HERETO AS EXHIBIT "I". BACKGROUND On February 4, 2008, the City Council held a public hearing to consider a resolution consenting to CIC's use of eminent domain to acquire a waterline easement that would traverse private property owned by the Crystal Canyon Homeowners and/or Crystal Canyon Home Owners Association (the "HOA") located between Ranch Road and San Gabriel Canyon Road north of Siena Madre Avenue. The permanent easement being sought is 10-feet in width and approximately 400-feet in length and would traverse Shady Oak Court, a private road, and parking lot area located within the Crystal Canyon Condominium complex (see Exhibit "1" of attached Resolution). The purpose of this easement is to enable CIC to re-route surface water from an open canal to an underground pipeline 42 inches in diameter which will connect to a pipeline to be located in San Gabriel Canyon Road and travel south to Siena Madre Avenue, and then east to a connection point near Dalton Avenue where the waterline will then travel underground through a transmission line that extends south to CIC's service territory. This re-routing will eliminate the public safety and health hazards associated with the open canal, establish necessary hydraulics to enable the southern segment of the pipeline to function, and improve operating and maintenance efficiencies related to. conveying water through the City of Azusa. At the February 4`h Public Hearing, the City Council heard public comments from both parties concerning the proposed easements and pipeline project, and the hearing was continued to allow the HOA and CIC more time to exchange information and mediate their dispute. At the April 21, 2008 City Council meeting, it was reported by the City Attorney that the parties attended mediation on April 14, 2008 where CIC and City Staff shared information and answered Page 2 of 11 numerous questions from the HOA, but were unable to reach an agreement. Another public hearing concerning the adoption of the resolution was held on May 14, 2008 where it was reported by the parties that they were still engaged in the negotiating process, but that no agreement had been reached. On May 14, it was also evident that the HOA's attorney opposed CIC's effort to acquire easements based on a number of legal arguments set forth in a letter dated May 14, 2008 (see Exhibit F). Following comments from our City Attorney, public testimony and City Council deliberations, the resolution was voted on to consent to CIC's use of eminent domain to acquire the subject easements. However, the vote in favor of the resolution was 3-2, and Code of Civil Procedure section 1245.360 requires that the resolution be approved by a two- thirds (2/3) vote, which translates into at least a 4 out of 5 vote requirement for a 5-member City Council. In response to this outcome, Councilman Macias together with CIC organized another meeting with the Crystal Canyon homeowners and HOA board members, which was held on May 29, 2008, to further educate the homeowners and HOA board members about the necessity and scope of the pipeline project, and to address any concerns the homeowners and HOA board members had concerning the proposed project. Unfortunately, this additional outreach effort did not result in any counter offers to CIC's latest offer made May 13th on the easement. In fact, on June 4, 2008, CIC's attorneys requested the mediator to ask the HOA if they wanted to make a counter-offer, however, the mediator who did speak with the HOA's attorneys on this matter, reported that the HOA decided not to make any further counter-offers. The parties have had no further communications and, moreover, no viable alternatives have been identified for delivering water to CIC's southern connection point. Also, CIC's attorneys in an effort to address some concerns raised during the May 14, 2008 public hearing, provided the City with comments on the HOA Attorney's objections. These comments areattached hereto as Exhibit G. In Exhibit G, CIC's attorneys also explain that recently approved Proposition 99 regarding eminent domain acquisitions is unrelated to the subject of this easement. Additionally, CIC responded to one issue of concern raised by the Mayor during the May 14, 2008 public hearing, wherein the Mayor expressed concern that the resolution did not identify the rights that the Crystal Canyon Homeowners had in event of damage resulting from the failure of the proposed pipeline in the subject easement area. In response to this concern, CIC provided a letter of assurance regarding its obligations to maintain the pipeline at its sole expense as well as to fulfill its legal obligations related to the pipeline. The letter is attached hereto as Exhibit H. Based on above efforts, outcomes, and supplemental information provided by CIC, it is desired that reconsideration be given to the resolution presented to the City Council on May 14th. To recap prior background on this matter, staff notes that CIC is a California non-profit, mutual water company that is considered a quasi-public entity. California Code of Civil Procedure Section 1245.310 et seq. authorizes quasi-public entities like CIC to exercise powers of eminent domain; however, quasi-public entities must first obtain the consent by the legislative body of the city or county within whose boundaries the subject property is located. Consent must be provided in the form of a resolution adopted at a duly noticed public hearing. Such resolution must make the following findings: 1. That the public interest and necessity require the proposed project; Page 3 of I 1 2. That the proposed project is planned or located in a manner that will be most compatible with the greatest good and least private injury; 3. That the property described in the resolution is necessary for the proposed project; and 4. That the hardship on the quasi-public entity of not getting the permanent and temporary easements outweighs any hardship to the owners of such property. In reviewing CIC's request, staff has made all of the above findings, which are summarized below and then described in some detail following the summary. Given the completion of southern segments of the underground pipeline project by the Rosedale developer along Sierra Madre Avenue, and for the reasons stated herein, in the attached letter from CIC (Exhibit "E"), and history between the parties over the past several months, staff believe that the City should consent to CIC's use of eminent domain to acquire the permanent and temporary easements described herein, in, under, upon, over, across, and through Shady Oak Court and parking area located on the Crystal Canyon Condominium property by approving the attached resolution. Such consent does not mean that CIC would automatically pursue eminent domain to acquire the easements; however, given the HOA's recent communications to CIC, it appears that acquisition of the easement by eminent domain may be the only viable alternative. Summary of Staff Findings City staff has reviewed CIC's plans and believe that the timely acquisition of the easements and completion of CIC's underground pipeline project is necessary for the reasons set forth herein and as summarized below: 1. For over two and one-half years, CIC has diligently tried but been unsuccessful in securing the purchase of the easements across the Crystal Canyon property. 2. The underground pipeline will replace a segment of open canal that is over 100 years old; eliminating this segment of open canal will reduce health and safety risks inherent in transporting water in an open canal in a residential area and related liability exposure. 3. Ranch Road, the road adjacent to that portion of the canal which is to be eliminated by this project, is too narrow and congested with underground utilities making it technically infeasible and cost prohibitive to install a 42" water transmission line in the road. (This is also why the City of Azusa recently acquired an easement from the Canyon View Homeowners' property which is located just north of the Crystal Canyon property.) 4. Undergrounding the canal water into a pipeline is necessary from a hydraulic standpoint because it originates from an elevation that is required to feed a lower underground pipeline recently installed in the Rosedale Development with sufficient pressure to carry the flow that CIC needs to deliver water to its treatment plant and eventually to its customers. 5. Even if installation of the water line in Ranch Road was possible, it would disrupt the lives of hundreds of people that live in the housing developments on both sides of Ranch Road (including the Crystal Canyon Homeowners) for many months and would result in utility disruptions and intermittent closure of Ranch Road to thru traffic during the construction period. 6. Enclosing the northern section of the open canal is technically infeasible and cost prohibitive since the proximity of homes and other structures that abut and are located along the canal route, as well as the topography and terrain surrounding the canal, Page 4 of 1 1 restricts access to the open canal from public streets, making it extremely difficult to bring the necessary equipment and materials required to attempt an enclosure of the open canal. 7. Even if enclosing the northern section of the canal was possible, such enclosure would not address the maintenance, repair, and leakage issues associated with the maintenance and operation of the open canal resulting from the continued deterioration of the decades old concrete lining of the canal. 8. Undergrounding the pipeline where the northern section of the open canal is situated is technically infeasible and cost prohibitive for the same reason enclosing the open canal is infeasible, including lack of access. 9. Construction and installation of the 42" pipeline through Shady Oak Court and the parking area would be completed much sooner (hopefully within thirty days from commencement of construction) and with much less difficulty and costs than (i) any proposed enclosure of the northern section of the open canal, (ii) any proposed construction of a pipeline in the northern section of the open canal, or (iii) any proposed pipeline alignment in Ranch Road, resulting in less hardship to the affected Crystal Canyon residents and homeowners than to CIC or to the other residents residing in the homes located on both sides of Ranch Road and the general public. Detailed Background Information on Need for Easement Back round The Covina Irrigating Company, hereinafter "CIC", maintains pipelines and easements within the City of Azusa to supply San Gabriel River water to neighboring cities. The San Gabriel River water received by CIC is currently transported through an open water canal in the City of Azusa that traverses the City in a southeasterly direction from a power facility owned and operated by the City of Pasadena (the "Pasadena Powerhouse"). The Pasadena Powerhouse is located east of Ranch Road directly across from a private road located on the west side of Ranch Road called Shady Oak Court. Shady Oak Court and an associated parking area are a part of the Crystal Canyon Condominium property which is contiguous on the west side with San Gabriel Canyon Road. The open canal has been operated by CIC for over 100 years, and conveys supplemental potable water on a wholesale basis to a population in excess of 100,000 consumers throughout the eastern portion of the San Gabriel Valley. An aerial photograph identifying the location of the northern section of the open canal beginning at the Pasadena Powerhouse is attached hereto as Exhibit`B" and incorporated herein by reference. Health Hazards of the Open Canal CIC is in the midst of modernizing and improving its transmission delivery system, which includes the elimination of the open water canal in Azusa. The open canal has been a long standing health hazard in the City and poses significant health and safety risks to the City's residents, families, and children, as well as to the general public. The open canal is also vulnerable to contamination from a variety of sources including wildlife, windblown trash and debris, and urban runoff. In fact, state and federal regulations and guidance have been placing increasing emphasis on source water protection as a means of ensuring the safety of drinking water. The California Department of Public Health supports CIC's plans to transport its water Page 5 of I I through an underground pipeline since the Department of Public Health has found that the replacement of the open canal with an underground pipeline would help protect public health by significantly reducing potential contamination sources. A copy of a letter received by CIC from the Department of Public Health endorsing its support of CIC's modernization efforts is attached hereto as Exhibit "C" and incorporated herein by reference. Also, due to the open nature of the canal, the City has long been concerned with the safety risks associated with the operation of an open canal within the City's limits, especially where children are concerned. Difficulties with Maintainine the Onen Canal The northern section of the open canal is lined with rock, mortar, and concrete, and as a result of its age and exposure to the elements, the condition of this section of the canal has deteriorated significantly over the years resulting in water leakage in certain areas of the canal. As a result of urbanization of the area over the past 100 years, the northern section of the open canal is also surrounded by residential properties and other structures, making it very difficult to access this section to bring in the necessary equipment and materials required to properly maintain and repair the canal in a cost-effective and safe manner(see Exhibit`B"). As a result of the lack of access to the northern section of the open canal, enclosing this section of the open canal is technically infeasible and cost-prohibitive since it would be very difficult to access this section and bring in the necessary equipment and materials to enclose the canal. Also, enclosing the open canal would not address the maintenance, repair, and leakage issues that currently exist in connection with the maintenance and operation of the open canal. In addition, constructing and installing a pipeline where the northern section of the open canal is situated is technically and economically infeasible for the same reason it is infeasible to enclose the open canal — lack of available access. The difficulties in accessing this section of the canal and the difficulties associated with trying to bring in the necessary equipment and material to install an underground pipeline in the current canal route, as well as the topography and terrain of the canal route, would make it virtually impossible to underground the canal into a pipeline where the northern section of the canal is currently situated. Furthermore, the homeowners whose homes either abut the northern section of the open canal or are located in close proximity to that segment of the canal would experience significant disruption and inconvenience for months resulting from any attempts to enclose the open canal or construct a pipeline in the current canal route, since the only way to access certain portions of the northern segment of the canal is through the backyards and side yards of these residential properties (see Exhibit`B"). Necessity of Maintaining Proper Hydraulics to Transport Water to the South In addition to the desire to eliminate the health hazards and safety risks associated with the maintenance and operation of the canal within the City limits, the elimination of the open canal has also been prompted by the Rosedale Development which affected the routing of southern segments of the canal and changed the hydraulic requirements of CIC's transmission delivery system. In fact, the Rosedale developer has already replaced and relocated a large portion of the southern segment of the open canal. CIC intends to replace the northern segment of the open Page 6 of I I canal with underground pipelines that will connect with the underground pipelines that the developer built under Sierra Madre Avenue as part of the Rosedale Project. The connection point is lower than immediate southern segments of pipeline installed by the developer in Sierra Madre Avenue and pressure is required to feed the water up and over a small grade (see Exhibit «B,> The closest public road located near the northern starting point of the open canal, which begins at the Pasadena Powerhouse, is Ranch Road (see Exhibit `B"). Because CIC's proposed pipeline is a gravity-flow based system (a system that does not utilize pressure pumps to transport water through the line), it is not feasible to construct and install a water pipeline from the Pasadena Powerhouse to Ranch Road proceeding north to intersect with San Gabriel Canyon Road since such an alignment would not achieve the necessary gravity flow required to transport water to the south. Congestion of Ranch Road and Hardship to CIC, Residents of that Area, and the General Public Using Ranch Road to convey water underground to the south is not currently feasible since the road is a narrow and congested street, with numerous underground utilities including a 4" waterline, a 30"waterline, an electrical conduit, an 8" sewer line maintained and operated by the City, a 36" storm drain also maintained and operated by the City, a 3" gas line, 8" water line, and a street light conduit. These existing underground utilities make it technically and economically infeasible for CIC to construct and install in Ranch Road the 42" water pipeline needed to convey water to the south. A copy of a diagram showing the depths, location, and size of the existing utilities located in Ranch Road is attached hereto as Exhibit "D" and incorporated herein by reference. The City's existing 8" sewer line is located near the centerline of Ranch Road proceeding in a southerly direction. The California Department of Public Health regulates the separation of water lines and sewer pipes, and in order to ensure that the City's sewer line is maintained and operated in a safe manner, the Department of Public Health requires, among other things, that a minimum of ten horizontal feet of separation exist between the City's sewer line and other water lines located in Ranch Road. Because of the location and alignment of the City's sewer line, it is technically infeasible and cost-prohibitive for CIC to construct and install a 42" pipeline in Ranch Road because CIC would have to remove and relocate existing utility pipelines and conduits located in Ranch Road and identify an alignment for its pipeline that would satisfy, if at all possible, all of the Department of Public Health's separation criteria and other requirements. Moreover, Ranch Road is a two lane roadway and there are housing developments on both sides of the street (see Exhibit `B"), the residents of which would suffer substantial hardship and disruption if CIC is forced to construct its pipeline in Ranch Road since they would be subject to periodic utility outages for many months resulting from the removal and relocation of existing utilities in Ranch Road. In addition, even if the proposed pipeline could be installed in the street safely, any proposed pipeline alignment in Ranch Road would necessitate the shutdown of the entire street due to its width, preventing area residents from having access for many months from either Siena Madre Avenue or North San Gabriel Canyon Road and parking on Ranch Road would not be available. This would not only significantly impact and inconvenience those residents living on both sides of Ranch Road, but also the general public that uses this roadway Page 7 of 1 1 to travel between Sierra Madre Avenue and North San Gabriel Canyon Road. In addition, it is not recommended that the pipeline be constructed in the parkway located along Ranch Road because any such alignment would require, among other things, the removal and replacement of mature trees and other landscaping along the parkway, and the pipeline cannot be located in an area where it is exposed to growing tree roots over time. Exposure to tree roots would affect CIC's ability to properly maintain and operate its pipeline in the future. In addition, the City has a long standing policy of not granting permits that will allow pipelines to be constructed in parkways like along Ranch Road. Also, the parkway begins to narrow as you proceed further south on Ranch Road requiring that a portion of the pipeline be constructed in Ranch Road, which would be economically and technically infeasible for the reasons set forth herein. The difficulties in constructing a pipeline in Ranch Road as stated herein is the key reason the City acquired an easement for a similar pipeline alignment from the Canyon View Homeowners Association located just north of the Crystal Canyon Condominium property. The City plans to construct and install a pipeline through the Canyon View Homeowners property to connect to the City's pipeline in San Gabriel Canyon Road heading south. The 10-Foot Wide Permanent Easement and 25-Foot Wide Temporary Construction and Installation Easement While portions of the underground pipeline being constructed by CIC will be placed underneath City public streets via a proposed license agreement between.the City and CIC, other portions of the proposed pipeline are required to be installed within private property via acquisition and use of easements. The permanent easement to be acquired includes a portion of a private street (Shady Oak Court) and parking area located on the Crystal Canyon Condominium property and owned by the Crystal Canyon Homeowners and/or Crystal Canyon Home Owners Association. The requested permanent easement to be acquired by CIC in, under, upon, over, across and through Shady Oak Court and parking area consists of an approximately 400-foot long, 10-foot wide easement area that would facilitate connection of a 42" pipeline and related facilities and connections from the beginning of the northern section of the open canal located at the Pasadena Powerhouse. The permanent easement area is depicted on Exhibit "1" of the attached Resolution and legally described on Exhibit "2" of the Resolution (the "Permanent Easement Area"). The permanent easement must provide CIC with, at any time, the right to construct, install, use, inspect, locate, maintain, operate, alter, add to, repair, replace, remove and/or relocate pipelines and related facilities and connections necessary or convenient for CIC's, and its successors and assigns, use of the easement for water transportation and for any and all other uses and purposes of CIC and of its successors and assigns, including the right to remove, replace, and/or relocate any above- surface and/or sub-surface pipelines, improvements, structures, trees, shrubs, and any other growth thereon. Once the pipeline is constructed and installed in the Permanent Easement Area, it will connect with an underground pipeline running south on San Gabriel Canyon Road and then east on Sierra Madre Avenue where it will then connect with the Rosedale pipeline just east Page 8 of 1 1 i of Dalton Avenue. This alignment preserves and provides the necessary gravity flow to transport water to the south. In order to access the Permanent Easement Area, CIC will also need a permanent right of way for ingress and egress through the Crystal Canyon Condominium property in order to exercise its rights under the easement. In order to properly construct and install the 42" pipeline in the subject Permanent Easement Area, CIC also seeks a 25-foot wide temporary construction and installation easement for ingress and egress, including the right to operate necessary equipment thereon, to construct, install, use, inspect, locate, maintain, operate, alter, add to, repair, replace, remove and/or relocate such pipeline or pipelines and facilities and connections, in, under, upon, over, across and through Shady Oak Court and parking area, including the right to remove, replace, and/or relocate any above-surface and/or sub-surface pipelines, improvements, structures, trees, shrubs, and any other growth thereon. The temporary easement to be acquired by CIC will be approximately twenty-five (25) feet in Width and four hundred (400) feet in length, as depicted on Exhibit "I" of the attached Resolution and legally described on Exhibit "Y of the Resolution. The temporary easement will not be a permanent encumbrance against the Crystal Canyon development and shall expire upon completion of the construction and installation of the work on the Crystal Canyon property. In addition, construction and installation of the 42" pipeline in Shady Oak Court and parking area located in the Crystal Canyon Condominium property would be completed in much less time (hopefully within thirty days from commencement of construction) and with much less difficulty and costs than any attempts at enclosing the northern section of the open canal, constructing a pipeline in that segment of the open canal, or constructing a pipeline in Ranch Road. CIC plans to schedule the project through Shady Oak Court and the parking area so as to minimize, as reasonably as practicable, the inconvenience to those Crystal Canyon homeowners and residents who will be impacted by the construction. In addition, CIC plans to cover the construction area each night with steel plates, or similar measures, so as to provide the affected homeowners with nightly access to their garages. The disruption, inconvenience, and hardship to the affected Crystal Canyon homeowners and residents resulting from the pipeline project through Shady Oak Court and parking area will be much less than the hardship to CIC or to the other residents residing in the homes located on both sides of Ranch Road and the general public if the permanent and temporary easement acquisitions by CIC via eminent domain are not permitted. FISCAL IMPACT The cost of the easements and construction of the new pipeline, including elimination of the open canal will be borne by CIC. Page 9 of I 1 Prepared by: Chet Anderson, Assistant Director—Water Operations Cary Kalscheuer, Assistant to the Director of Utilities Attachments Report Exhibit A -- Resolution Consenting to CIC's use of eminent domain Exhibit A-Reso.pdf Resolution Exhibit 1 —Diagram of Canyon View Complex 0141 Reso Ex-1.pdf Resolution Exhibit 2 -- Legal Description of Permanent Easement Reso Ex-2.pdf Resolution Exhibit 3 -- Legal Description of Temporary Easement M Reso Ex-3.pdf Report Exhibit B -- Aerial Photo Depicting Current Canal Route and Adjacent Housing Tracts f Exhibit B.pdf Report Exhibit C -- Letter from California Department of Public Health Exhibit C.pdf Report Exhibit D—Underground Utilities in Ranch Roach Page 10 of 1 1 Exhibit D.pdf Report Exhibit E -- CIC's Request to City of Azusa KM Exhibit E.pdf Report Exhibit F—Letter from HOA's Attorney May 14 Ur HOA Attny.pdf Report Exhibit G-- CIC's Response to HOA Attorney Comments CIC Resp Ltr.pdf Report Exhibit H—Letter from CIC regard Mayor's Concerns Exhibit H. Assurance Ur.pdf Page I I of I 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA CONSENTING TO THE USE OF EMINENT DOMAIN, PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE,SECTION 1245.310 ET SEQ., BY THE COVINA IRRIGATING COMPANY TO ACQUIRE A PERMANENT 10-FOOT WIDE EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS, AND TO CONSTRUCT, INSTALL, USE, INSPECT, LOCATE,MAINTAIN, OPERATE, ALTER,ADD TO,REPAIR, REPLACE, REMOVE AND/OR RELOCATE PIPELINES AND RELATED FACILITIES AND CONNECTIONS, INCLUDING THE RIGHT TO CONSTRUCT, INSTALL, MAINTAIN, AND OPERATE A 42" PIPELINE, AND THE RIGHT TO REMOVE, REPLACE, AND/OR RELOCATE ANY ABOVE-SURFACE AND SUB-SURFACE PIPELINES, IMPROVEMENTS STRUCTURES, TREES, SHRUBS, AND ANY OTHER GROWTH THEREON,NECESSARY OR CONVENIENT FOR COVINA IRRIGATING COMPANY'S, OR ITS SUCCESSORS AND ASSIGNS, USE OF THE EASEMENT FOR WATER TRANSPORTATION AND FOR ANY AND ALL OTHER USES AND PURPOSES OF COVINA IRRIGATING COMPANY AND OF ITS SUCCESSORS AND ASSIGNS,AS WELL AS A TEMPORARY 25-FOOT WIDE CONSTRUCTION AND INSTALLATION EASEMENT AND RIGHT OF WAY FOR INGRESS AND EGRESS TO CONSTRUCT, INSTALL,USE,INSPECT,LOCATE,MAINTAIN,OPERATE,ALTER,ADD TO,REPAIR,REPLACE,REMOVE AND/OR RELOCATE SUCH PIPELINE OR PIPELINES AND FACILITIES AND CONNECTIONS,INCLUDING THE RIGHT TO OPERATE NECESSARY EQUIPMENT THEREON,THE RIGHT TO CONSTRUCT, INSTALL, MAINTAIN, AND OPERATE A 42" PIPELINE, AND THE RIGHT TO REMOVE, REPLACE, AND/OR RELOCATE ANY ABOVE-SURFACE AND SUB-SURFACE PIPELINES, IMPROVEMENTS, STRUCTURES, TREES, SHRUBS, AND ANY OTHER GROWTH THEREON, IN, UNDER, UPON, OVER, ACROSS AND THROUGH (SHADY OAK COURT AND PARKING LOT) PROPERTY OWNED BY THE CRYSTAL CANYON DEVELOPMENT HOMEOWNERS AND/OR CRYSTAL CANYON DEVELOPMENT HOME OWNERS ASSOCIATION AS DEPICTED ON THE DIAGRAM ATTACHED HERETO AS EXHIBIT"I" WHEREAS,there is an open water canal in the City of Azusa("City)that traverses the City in a southeasterly direction; and WHEREAS,the canal has been operated by the Covina Irrigating Company("CIC") for over 100 years and conveys supplemental potable water on a wholesale basis to a population estimated to be in excess of 100,000 consumers throughout the eastern portion of the San Gabriel Valley; and WHEREAS, CIC receives its water from the San Gabriel River which is transported through the open canal that traverses the City in a southeasterly direction from a power facility owned and operated by the City of Pasadena (the "Pasadena Powerhouse"), which is located directly across Ranch Road from a narrow private road (called Shady Oak Court) and a parking area located on the Crystal Canyon Condominium property; and WHEREAS, CIC is in the midst of modernizing and improving its transmission delivery system, which includes the elimination of the open canal in the City; and WHEREAS,the northern section of the open canal has been a long standing health hazard in the City and poses significant health hazards and safety risks to the residents, families, and children of the community, as well as to the general public, and, as part of its modernization efforts,CIC now wishes to replace the open canal with an underground pipeline; and WHEREAS,the open canal is vulnerable to contamination from a variety of sources including wildlife, windblown trash and debris, and urban runoff; and WHEREAS, state and federal regulations and guidance have been placing increasing emphasis on source water protection as a means of ensuring the safety of drinking water, and WHEREAS, the California Department of Public Health supports CIC's plans to transport its water through an underground pipeline since the Department of Public Health finds that the replacement of the open canal with an underground pipeline will help protect public health by significantly reducing potential contamination sources; and WHEREAS, due to the open nature of the canal, the City has long been concerned with the safety risks associated with the operation of an open canal within the City's limits, especially where children are concerned; and WHEREAS, the northern section of the open canal is lined with rock, mortar, and concrete, and as a result of its age and exposure to the elements, the condition of this section of the canal has deteriorated significantly over the years resulting in water leakage in certain areas of the northern section of the open canal; and WHEREAS, as a result of urbanization of the area over the past 100 years,the northern section of the open canal is also surrounded by residential properties and other structures, making it very difficult to access this section to bring in the necessary equipment and materials required to properly maintain and repair the canal in a cost-effective and safe manner; and WHEREAS, due to the lack of access to the northern section of the open canal,enclosing this section of the open canal is technically infeasible and economically cost-prohibitive since it would be very difficult to access this section and bring in the necessary equipment and materials required to enclose the canal, and, even if enclosing the canal was feasible, such enclosure would not address the maintenance, repair, and leakage issues that currently exist in connection with the maintenance and operation of the open canal; and WHEREAS, constructing and installing a pipeline where the northern section of the open canal is situated is technically and economically infeasible for the same reason it is infeasible to enclose the open canal including lack of access; and WHEREAS, the homeowners whose homes either abut the northern section of the open canal or are located in close proximity to that segment of the canal would experience significant disruption and inconvenience for months resulting from any attempts to enclose the open canal or construct a pipeline in the current canal route, since the only way to access certain portions of the northern segment of the canal is through the backyards and side yards of these residential properties; and WHEREAS, southern portions of the open canal in the City have been re-routed as part of the implementation of the Rosedale Development Project, a master planned residential development, which has affected the routing of southern segments of the canal and changed the hydraulic requirements of CIC's transmission delivery system, and an underground pipeline has been installed to eliminate the southern portion of the open canal; and WHEREAS,the closest public road located near the northern starting point of the open canal, which begins at the Pasadena Powerhouse, is Ranch Road, formerly referred to as Azusa and San Gabriel Canyon Road; and WHEREAS, because CIC's proposed pipeline is a gravity-flow based system (a system that does not utilize pressure pumps to transport water through the line), it is not feasible to construct and install a 42" water pipeline from the Pasadena Powerhouse to Ranch Road proceeding north to intersect with San Gabriel Canyon Road since such an alignment would not achieve the necessary gravity flow required to transport water to the south; and WHEREAS, Ranch Road is a narrow street and congested with existing underground utilities including numerous pipelines and conduits for water, gas, electricity and sewer service, making it technically and economically infeasible for CIC to install in Ranch Road the 42"water pipeline needed to convey water to the south; and WHEREAS,the City's existing 8" sewer line in Ranch Road is located approximately near the centerline of Ranch Road proceeding in a southerly direction; and WHEREAS, the California Department of Public Health regulates the separation of water lines and sewer pipes, and in order to ensure that the City's sewer line is maintained and operated in a safe manner,the Department of Public Health requires, among other things, that ten horizontal feet of separation exist between the City's sewer line and other water pipelines located in Ranch Road; and WHEREAS, as a result of the current location and alignment of the City's sewer line in Ranch Road, it is technically infeasible and cost-prohibitive for CIC to construct and install a 42" pipeline in Ranch Road because CIC would have to remove and relocate existing utility pipelines and conduits located in Ranch Road and identify an alignment for its pipeline that would satisfy, if at all possible, all of the Department of Public Health's separation criteria and other requirements; and WHEREAS, Ranch Road is a two lane roadway and there are housing developments on both sides of the street, the residents of which would suffer substantial hardship and utility and access disruption for many months if CIC is forced to construct its pipeline in Ranch Road, resulting from the removal and relocation of existing utilities in that street; and WHEREAS, even if the underground pipeline could be installed safely in Ranch Road, it would necessitate the shutdown of the entire street for many months from either Siena Madre Avenue or North San Gabriel Canyon Road, which would significantly impact and inconvenience residents of that area, as well as the general public, that use this street to travel between Sierra Madre Avenue and North San Gabriel Canyon Road; and WHEREAS, it is not recommended that the proposed pipeline be constructed in the parkway located along Ranch Road because any such alignment would require, among other things, the removal and replacement of mature trees and other landscaping along the parkway, and the proposed pipeline cannot be located in an area where it would be exposed to growing tree roots since such exposure would affect CIC's ability to properly maintain and operate its pipeline in the future; and WHEREAS,the difficulties in constructing a pipeline in Ranch Road as stated herein are the key reasons the City acquired an easement for a similar pipeline alignment from the Canyon View Homeowners located just north of the Crystal Canyon Condominium property, and the City plans to construct and install a pipeline through the Canyon View Homeowners property to connect to the City's pipeline in San Gabriel Canyon Road heading south; and WHEREAS, CIC has put forth a plan to eliminate the northern segment of the open canal and route the water underground through a 42"pipeline that will connect with the southern segment of underground pipeline,which will accomplish the City's goal of eliminating any health hazards and safety risks associated with the continued operation of the northern section of the open canal; and WHEREAS, CIC has tried to obtain a permanent easement in, under, upon, over, across and through a private street(Shady Oak Court) and parking area located on the Crystal Canyon Condominium property in order to construct and install a 42" pipeline from the Pasadena Powerhouse across Ranch Road and through Shady Oak Court and parking area, which would connect to a pipeline to be located in San Gabriel Canyon Road so that it may use this four lane road to construct and install the underground pipeline that can be routed south and maintain the necessary gravity flow to transport water to the south; and WHEREAS,the Crystal Canyon Homeowners Association and CIC have been unable to reach agreement whereby CIC would be granted an easement to use the Association's and/or Crystal Canyon Homeowners' private property to connect proposed pipelines between the Pasadena Powerhouse and San Gabriel Canyon Road to allow for replacement of the canal with the underground pipeline; and WHEREAS, the permanent easement to be acquired by eminent domain by CIC in, under, upon, over, across, and through Shady Oak Court and parking area located on the Crystal Canyon Condominium development will be ten (10) feet in width and approximately four hundred (400) feet in length, as depicted on the diagram attached hereto as Exhibit"1" and legally described on the document attached hereto as Exhibit"2" (the "Permanent Easement Area"); and WHEREAS,the permanent easement to be acquired will provide CIC with, at any time, the right to construct, install, use, inspect, locate, maintain, operate, alter, add to, repair, replace, remove,and/or relocate pipelines and related facilities and connections necessary or convenient for CIC's, and its successors and assigns, use of the easement for water transportation and for any and all other uses and purposes of CIC and of its successors and assigns, including,but not limited to,the right to remove, replace, and/or relocate any above-surface and sub-surface pipelines, improvements, structures, trees, shrubs, and any other growth thereon; and; WHEREAS, in order to access the Permanent Easement Area to exercise its rights under the permanent easement, CIC must also be granted a permanent right of way for ingress and egress through the Crystal Canyon Condominium property; and WHEREAS, in order to properly construct and install the proposed pipeline, it is also necessary for CIC to obtain a 25-foot wide temporary construction and installation easement, with a temporary right of way for ingress and egress, to construct, install, use, inspect, locate, maintain, operate, alter, add to, repair, replace,remove, and/or relocate such pipeline or pipelines and facilities and connections, including, but not limited to, the right to operate necessary equipment thereon, the right to construct, install, maintain and operate a 42"pipeline, and the right to remove, replace, and/or relocate any above-surface and sub-surface pipelines, improvements, structures,trees, shrubs, and any other growth thereon, in, under, upon, over, across and through Shady Oak Court and the parking area located on the Crystal Canyon Condominium property; and WHEREAS,the temporary easement to be acquired by eminent domain by CIC will be approximately twenty-five (25) feet in width and approximately four hundred (400)feet in length, as depicted on the diagram attached hereto as Exhibit"1" and legally described on the document attached hereto as Exhibit"3"; and WHEREAS,the temporary easement will not be a permanent encumbrance against the Crystal Canyon Condominium property and shall expire upon completion of the construction and installation of the proposed pipeline and improvements; and WHEREAS, construction and installation of the 42"pipeline through Shady Oak Court and the parking area can be completed much sooner and with much less difficulty than (i) any proposed enclosure of the northern section of the open canal, (ii) any proposed construction of a pipeline in that segment of the open canal, or(iii) any proposed pipeline alignment in Ranch Road, resulting in less hardship to the affected Crystal Canyon residents and homeowners than to CIC or to the other residents residing in the homes located on both sides of Ranch Road and the general public if the permanent and temporary easement acquisitions over the subject property by CIC via eminent domain are not permitted; and WHEREAS, CIC is a mutual water company and quasi-public entity authorized under Section 2729 of the California Public Utilities Code and California Code of Civil Procedure Sections 1245.310 et seq.,to acquire permanent and temporary easements over the proposed area by eminent domain; and WHEREAS, Section 1245.360 of the California Code of Civil Procedure requires this resolution to be adopted by a two-thirds (2/3) vote of the City Council members, or, alternatively, by at least a 4-1 vote; and WHEREAS, the adoption of this Resolution is statutorily exempt from the requirements of the California Environmental Quality Act(CEQA)pursuant to Section 15282(k) of the CEQA Guidelines and Section 21080.21 of the California Public Resources Code: and WHEREAS, Proposition 99 was a proposed amendment to the California Constitution that appeared on the June 3, 2008 statewide ballot; and WHEREAS, Proposition 99 amends Section 19 of Article I of the California Constitution, adding section 19(b) prohibiting State and local governments from "acquiring by eminent domain an owner-occupied residence for the purpose of conveying it to a private person,"and also adding section 19(c)which states that section 19(b) does not apply when State or local government exercises the power of eminent domain for the purpose of, among other things,protecting public health and safety; and WHEREAS, Proposition 99 is not applicable to the adoption of this resolution by the City Council since such adoption does not result in the acquisition by eminent domain of an owner-occupied residence"for the purpose of conveying it to a private person"; rather,the adoption of this resolution only authorizes CIC to file an eminent domain action to acquire the subject easements should it become necessary for CIC to do so, and WHEREAS, CIC is not a"private person"under Proposition 99 but instead is a California non-profit mutual water company that is considered a quasi-public entity under Code of Civil Procedure section 1245.310 et seq. and has the authority to exercise powers of eminent domain after obtaining the requisite consent by the City Council; and WHEREAS, even if Proposition 99 is applicable, the adoption of this resolution would be excluded under section 19(c) of Article I of the California Constitution since the proposed easement acquisitions are necessary for CIC's proposed pipeline project, which is designed to protect public health and safety. NOW, THEREFORE,THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,DOES HEREBY FIND AND RESOLVE AS FOLLOWS: SECTION 1. Findings. 1. The City Council finds that the recitals contained in this Resolution are true and correct and hereby adopts them as findings as if fully set forth herein. 2. The City Council finds that the public use for which the property is to be acquired is to accommodate the construction and installation of a water pipeline to eliminate an open water canal and the potential health hazards and safety risks inherent in operating an open water canal. 3. The general location of the proposed permanent easement acquisition is shown on the attached Exhibit"1" and legally described in the attached Exhibit"2" and consists of a ten (10)foot wide, four-hundred (400) foot long easement traversing over a narrow portion of one private road (Shady Oak Court) and parking area located on the Crystal Canyon Condominium development. 4. The general location of the proposed temporary easement acquisition is shown on the attached Exhibit"1" and legally described in the attached Exhibit "Y and consists of a twenty-five(25) foot wide, four-hundred (400) foot long easement traversing over a narrow portion of one private road (Shady Oak Court) and parking area located on the Crystal Canyon Condominium development. 5. The City Council finds that the public interest and necessity require the proposed pipeline project and the acquisition of the permanent and temporary easements so that the northern segment of CIO's open canal can be routed underground and connected with the southern segment of underground pipeline in the Rosedale Development for the reasons set forth in this Resolution. 6. The City Council finds that CIC's proposed pipeline project is planned/located in a manner that is most compatible with the greatest good and least private injury. 7. The City Council finds that the property described on Exhibits "2' and "Y' attached to this Resolution is necessary for CIC's proposed pipeline project. 8. The City Council finds that the permanent and temporary easements through the Crystal Canyon Homeowners and/or Crystal Canyon Home Owners Association's private street named Shady Oak Court and open parking lot property as further described herein is necessary for CIC's proposed pipeline project. 9. The City Council finds that the rights of way for ingress and egress through the Crystal Canyon Condominium property described herein are necessary for CIC's proposed pipeline project and necessary for CIC to be able to properly exercise its rights under the permanent and temporary easements as described herein. 10. The City Council finds that the hardship to CIC (and to the public generally) of not acquiring the permanent and temporary easements over the property described herein by eminent domain outweighs any hardship that will be experienced by the affected property owners and/or homeowners association of the Crystal Canyon Condominium development. H. The City Council of the City of Azusa hereby consents to CIC's use of eminent domain power in order to secure a permanent 10-foot wide easement and right of way for ingress and egress, and at any time and from time to time, to construct, install, use, inspect, locate, maintain, operate, alter, add to, repair, replace, remove and/or relocate pipelines and related facilities and connections, including, but not limited to, the right to construct, install, maintain, and operate a 42"pipeline, and the right to remove, replace, and/or relocate any above-surface and sub-surface pipelines, improvements, structures, trees, shrubs, and any other growth thereon, necessary or convenient for CIC's, and its successors and assigns, use of the easement for water transportation and for any and all other uses and purposes of CIC and of its successors and assigns, in, under, upon, over, across and through Shady Oak Court and the parking lot owned by the Crystal Canyon Development Homeowners and/or Crystal Canyon Development Home Owners Association as shown on the attached Exhibit"I" and as described in the attached Exhibit "T' 12. The City Council of the City of Azusa hereby consents to CIC's use of eminent domain power in order to secure a temporary 25-foot wide construction and installation easement and right of way for ingress and egress, to construct, install, use, inspect;locate, maintain, operate, alter, add to, repair, replace, remove, and/or relocate such pipeline or pipelines and facilities and connections, including, but not limited to, the right to operate necessary equipment thereon, the right to construct, install, maintain, and operate a 42" pipeline, and the right to remove, replace, and/or relocate any above-surface and sub-surface pipelines,improvements, structures, trees, shrubs, and any other growth thereon, in, under, upon, over, across, and through Shady Oak Court and the parking lot owned by the Crystal Canyon Development Homeowners and/or Crystal Canyon Development Home Owners Association as shown on the attached Exhibit"1"and as described in the attached Exhibit "3", and which shall be temporary in nature and not a permanent encumbrance against the Crystal Canyon Condominium property and shall expire upon completion of the construction and installation of the 42"pipeline and facilities and connections. SECTION 2. California Environmental Ouality Act. The City Council finds that the adoption of this Resolution is exempt from the requirements of the California Environmental Quality Act (CEQA)pursuant to Section 15282(k) of the CEQA Guidelines and Section 21080.21 of the California Public Resources Code. The proposed easements are designed to accommodate the construction, installation, maintenance, and operation of a water pipeline not exceeding one-mile in length. Staff is directed to file a Notice of Exemption with the Los Angeles County Clerk's office within five (5) days of the adoption of this Resolution. SECTION 3. Proposition 99. The City Council finds that Proposition 99 is not applicable to the adoption of this resolution since such adoption does not result in the acquisition of the subject easements by CIC via eminent domain. Instead, the adoption of this resolution authorizes CIC to file an eminent domain action to acquire the subject easements should it choose to do so. Furthermore, even if Proposition 99 were applicable, the City Council finds that the adoption of this resolution would be excluded under section 19(c) of Article I of the California Constitution since the proposed easement acquisitions are necessary for CIC's proposed pipeline project, which is designed to protect public health and safety. SECTION 4. Effective Date. This Resolution shall be effective immediately upon (1) approval by the City Council; and (2) the execution of an indemnification agreement between the City of Azusa and the Covina Irrigating Company indemnifying the City for its adoption of this resolution. PASSED, APPROVED AND ADOPTED this 21 st day of July, 2008. Joseph Rocha, Mayor APPROVED AS TO FORM: Sonia Carvalho, City Attorney, BBK Law LLC ATTEST: Vera Mendoza, City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing Resolution No. was duly introduced and adopted at a regular meeting of the Azusa City Council on this 21st day of July, 2008, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Vera Mendoza, City Clerk r 1 EXHIBIT (Page 1 of 2) 'y C2YSTACCYl4.09 = -s -•:'s .'' �:�`l E 00 �. 0 . v � � • �� c O r a ° a w 0. q q 0gin �� cm- 4 M rD � 15FS w rL sy � ryp�� � � �� t4 L.!.7,t� � I �ir e^ rte• � 1 t O t • b� I q . N . rb O � SIa+Pinc G. Cp '•�y. t r g �\ ,� y 4 ,h ECG,` _ .. = ��/a¢� - -•�� � . d I � r I Iusf, I�� t I � iP �n iJ. F I y I F ® ( II s yo 0 �r� ice: 1 ,z� �1I , I t Srr3Slxlr�.rk lllll� collo EXHIBIT 'T' (Page 1 of 2) THAT PORTION OF LOT 3 OF TRACT NO,44104,1N THE CITY OF AZUSA,COUNTY OF LOS ANGELES,STATE OF CALIFORNIA,-AS SHOWN ON MAP FILED IN BOOK 1053,PAGES 97 AND 98,OF MAPS,IN THE OFFICE OF TIM RECORDER OF SAID COUNTY WITHIN A STRIP OF LAND OF 10.00 FEET WIDE,LYING 5.00 FEET ON EACH SIDE OF THE FOLLOol7NG DESCRIBED CENTER LINE: BEGINNING AT A POINT IN THE EASTERLY LINE OF SAID LOT 3 DISTANT THEREON SOUTH 180 07'34"EAST 84.67 FEET FROM THE MOST EASTERLY NORTHEAST CORNER OF SAID LOT 3,SAID EASTERLY LINE ALSO BEING THE WESTERLY LINT OF AZUSA AND SAN GABRIEL CANYON ROAD,50.00 FEET WRDE, AS SHOWN ON MAP OF SAID TRACT;THENCE SOUTH 71"S2'26"WEST 135.82 FEET; THENCE SOUTH 81°54'59"WEST 261.09 FEET TO THE EASTERLY LINE OF SAV GABRIEL CANYON ROAD, _00.00 FEET WIDE AS SHOWN ON MAP OF SAID TRACT. THE SIDELINES OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE PROLONGED OF SHORTENED AT THE BEGINNING AND END THEREOF SO AS TO TER&NATE IN THE EASTERLY LINE OF SAID AZUSA AND SAN GABRIEL CANYON ROAD AND THE WESTERLY LINE OF SAID SAN GABRIEL CANYON ROAD RESPECTIVELY. Coinaining 3,969_ Sq.R NOTE: AZUSA AND SAN GABRIEL CANYON ROAD HAS BEEN RE-NAMED RANCH ROAD. "+ y0�r• Vq��2 � y c4� . . o i1 7003 rt. . ExPtrea�,3e'-z tc�l J 9��OF CR,-I'�� EXHIBIT "2" (Page 2 of 2) i o I 2020�O4 i 2 SCAt 1°=8C MOST VLY NE. a j i CORNER OF LOT 3, u1 TR. NO. 44104, M.S. ?C53-97-48 S94 3D � 1 5 ° 1 Sp0 %J0 r'• - E1,Y d0 SAti94-9'8 N� Z 1% %DS'�" Q • Z t,S1 52 26 N 1 ` N 6t 5� 1 Y f �• l l 261.09' "i a t i� 4 5 PORTION OF LOT 3, PONT OF 1 TR. NO. 44104, BEGINKINfNG 'lot N..B. 1053-97-98 I C7 Ln l ov LAND i-. 'tr � Oft CAL aorca?Es AREA OF E.lSF3ARR . P•-N'/S'PREpN2ED 9Y: C�fCrPi7MWdeT EASEMENT FOR WATER L4.NE +. ` vim• a< >J•�10 O,�r, d PURPOSES 118 VM9r dMFiAVl� M fF- $. MONROVIA.CA 91016 ' DATE: 10-07-06�pgy„ry; J. P. V. SCALE: 1° B� BT l PROM(MO357.0588 80' g tile• FAX:(626)303.7957 DPAWING No.25202.2H0AEcm! 3FfEET ' j OF EXHIBIT "3" (Page 1 of 2) TENIK amy CONSTRL{�'.1�'jON8.{1S13ivIBNT - THAT PORTION OP:LOT3 OF t4k.4=NO:44I.K IN THE dTY OFF AZUSA,.COUNTY . OF LOS ANOMES,STATE OF CUIFORNIA;:'AS MOWNON'L4APFILEIN BOOK 1053; OW 97 AND 98,OF MAPS,IN THE OF THE RECORDER OF SAID GOUNTY9JIT'FBNASTBII'O.P"LhINOOFr5:08FE11'IT9ti513';'LY1N0'f2.5AFEETON RAmM SI13E OF IM FOLLOVING DE5CRIBEDCOMFEkLINE: BEGIv'NINO AT APOW IN THE IIASTRRLY LBNE.Of SAID LOT 3 DISTANT THBRBON SOITM ItoW 34°EAST 94.67 FWd THR,409T EASTERLY WORTH EASf CORNER OFSAM XOT3,RAI0 BAS:t$MY LINE ALSO)3EIN0 THE WESTERLY LM OF AWSA AND SAN OA8R1E1..OW"RORU,SO m FEET tt mts AS$HOWN ON NW or SAW TRAM 7TIENNCES0U3'H.71152 W WEST 13512 MET; THENCE SOUTH fl'1'SN 59-WEST 20,09 FEET TO THE:EASTERLY LINE OF SAN GABRIEL CANYON ROAD,100:00 FEET WIDE AS SHOWN ON mAP OP SAID TRACT. . THE SIDM INR9 OF THE ABOVE DESCRIBED STRIP OF LAND SHALL BE PROLONGED OF SHORTENED AT THS BWDR4INO AND END THEREOF SO AS TO TERMINATE IN Tw EASTERLY LING OPSAM AZUSA AND.SAN©AW=CANYON ROAD AND THE IYESTERLYT INE OF SAID SAN GABWEL CANYON ROAD RESPECTIVELY. Cmwmning 9923± Sq,fl � NOTE: AZUSA AND SAN QABRIEL CANYON ROAD HAS BEEN RE-NAMED RANCH ROAD. s ����fiOf CR�144R�r EXHIBIT "3" (Page 2 of 2) I i scale I"=w 9*5+r EVF w. OF LYiF 3, rc0:�uss-aY-sO ; 5 gS o y_ :9 at'�4,�•�. 861:091 '�i: 2?: - ...: -.POIK OF ig BEGOMWO POK04 QF LOT 3; Y� TR, N0. 34104. c"Si M,6. 1053-97-96 xo0' - v vi;vm vF&xaAm s+: dRTe,. TEMPORARY CONSTRUCTION EASEMENT FOR WATER LINE PURPOSES ita:C U%a�a Nmomcknots wl ��• 0aie +-94-0 "dtaivik a, P.V. scud r'-ea HAXy'( 50 99s'i 604"d* VW 1 OF I s oiY � k �l � t F -¢rxa �� • 4 y'dk�"+��gt g �'«`ri�V �f{5�.. �dR ;5. f1- t • 4� F t-•M e � �' n s �,ix S''3v'�.z3., .�{sx�lr ��✓•' i �� 'L ' °i$R i+ �., t - ^: - >. b.�s,dt4+w `^�"`�.-�'ay�"a '.".,,.,w... ,.xrc`. •. e �^ P.{Sia �' e, t �}" ...=•6r,?s�'" .. '� .41, 5 k", Ax 2 tA S r5' r � } f rvl X C EXHIBIT "C" State of California=Health and Human Services Agency California Depa.rtfnent of Pub-lic Health C PH MARHGHORTON,MO.MSPH ARNOLD¢CHWARZENEGGER Governor Warder April 2, 2008 Mr. David De Jesus General Manager Covina Irrigating Company 146 East College Street ..Covina, CA 91723 Dear Mr, De Jesus: SYSTEM N0. 7.9101.28 — EASTSIDE CANAL REPLACEMENT PROJECT The purpose of this letter is to document the support of the California Department of Public Health (Department) for the Covina Irrigating Company's (Company's) plan to replace the Eastside Canal with a buried 42-inch pipeline. The'Eastside Canal is a 1.4- mile open conduit that conveys raw surface water from the San Gabriel River diversion 'facilities on its way to the Company's William B. Temple Treatment Plant. As discussed in the San Gabriel Watershed Sanitary Surveys (1995-2005) and previous reports from this Department, the canal is vulnerable to contamination from a variety of sources, such. as wildlife, windblown trash and debris, and urban runoff. These contamination .sources may be linked to the levels of total and fecal collform that have been observed at the treatment plant inlet. Although the Company provides adequate surface water treatment; state and federal regulations .and guidance have been placing increasing emphasis on source water protection as a means of ensuring the safety of drinking Water. Therefore, the Department finds that replacement-of the Eastside Canal with a buried pipeline should protect public health by-- signiftoantly reducing potential ao.ntamination sources and strongly supports.the Company's goals for this project. If .you have.anyquestions, please contact Susan Early at (213) 580-5785. Sincerely, Jeff O'Keefe, P.E. District Engineer Metropolitan District. southern California Drinking Water Field Operations Branch,Southern.California Section EXHIBIT "D" L----- ---- ---------------� 4 -------------- 1 Y®llS s-jl lMlM ____- I �• 1 'i yMEg h I — — ----- — a � —------%vaaxry w - I -- - k --------u . A � ------------ -- - w I RECEIVED , OCT 10 2007 \ `` AZUSA UGW&WATER 7 COVINA IRRIGATING COMPANY October 10, 2007 VIA HAND DELIVERY Joseph R. Rocha, Mayor Keith Hanks,Mayor Pro-tem City of Azusa City of Azusa Administration Department Administration Department 213 E. Foothill Blvd. 213 E. Foothill Blvd. Azusa, CA 91702 Azusa, CA 91702 Angel Carrillo, Council Member Uriel E.Macias, Council Member City of Azusa City of Azusa Administration Department . Administration Department 213 E. Foothill Blvd. 2I3 E. Foothill Blvd. Azusa, CA 91702 Azusa, CA 91702 Robert Gonzales, Council Member City of Azusa Administration Department 213 E. Foothill Blvd. Azusa, CA 91702 Re: Crystal Canyon Homeowners Association/Covina Irrigating Company Request for Use of Eminent Domain Powers Pursuant to California Government Code, Section 1245.310 et seq. Honorable Mayor and Council Members: Covina Irrigating Company("CIC') is a non-profit mutual water company, and, pursuant to Code of Civ. Proc. sections 1245.310 et seq., requests by this letter that the City Council adopt a resolution consenting to CIC's acquisition of a 10-foot wide underground pipeline easement by eminent domain across a small portion of the parking area located on real property more commonly known as the Crystal Canyon condominium complex ("Crystal Canyon"), located in between Rancho Road and San Gabriel Canyon Road. This letter shall describe the easement to be acquired; summarize CIC's attempts to acquire the subject easement from the Crystal Canyon Home Owners Association (the "HOA") since April 2006; CJC's statutory authority for acquiring easements by eminent domain; the benefits to the City for supporting CIC's eminent domain action; and the feasibility of other alternative routes for CIC's proposed pipeline project. 146 E. COLLEGE STREET•POST OFFICE BOX 306•COVINA, CA 91723 (626) 332-1502• FAX (626) 967-5942 City of Azusa City Council October 10, 2007 Page 2 I. Easement to be Acquired and CIC's Proposed Pipeline Project. For over 100 years, CIC, along with other members of the San Gabriel River Water Committee more commonly known as the Committee of Nine, which includes the Azusa Agricultural Water Company and the Azusa Valley Water Company, has operated and maintained an open canal which runs throughout the northeastern portion of the City of Azusa (the "City") transporting water from the San Gabriel River to the eastern portion of the San Gabriel Valley. The coater from this canal is treated and provides potable water on. a wholesale basis to a population in excess of 100,000 consumers. Because of the potential dangers associated with an open canal and liability risks associated with the continued operation of this canal,the City has long supported CIC's desire to replace the canal with underground pipelines. As you know, the City has approved entitlements, including a Specific Plan (Monrovia Nursery Specific Plan) and Development Agreement authorizing development of the former Monrovia Nursery site ("Rosedale Project") located on real property formerly owned by the Monrovia Nursery between East Sierra Madre Avenue and East Foothill Blvd., and situated in close proximity to the Crystal Canyon complex. As part of the approved Rosedale Project entitlements, the Rosedale developer has requested, and CIC has tentatively agreed, to relinquish a portion of its interests in the canal in exchange for the City and developer's agreement to construct an underground pipeline for CIC's benefit. This plan calls for the developer to design and construct an underground pipeline to replace that portion of the open canal presently located within the Rosedale development project, and which will be located in a portion of East Sierra Madre Avenue just east of San Gabriel Canyon Road. In connection with the Rosedale project, the City and CIC have negotiated a license (which has not yet been signed) to permit the construction of an underground pipeline going south on San Gabriel Canyon Road and then east on East Sierra Madre Avenue within public streets, where it is to connect with the pipeline constructed by the Rosedale Project developer. A copy of a map depicting the location of the open canal system and the route of the proposed underground pipeline is attached hereto as Exhibit"A" for your review. The water received from the San Gabriel River by CIC is transported through the open canal to a power facility owned and operated by the City of Pasadena, which is located directly across Rancho Road from one of Crystal Canyon's parking areas. Unfortunately, there is no feasible alternative route for CIC to transport the water from this facility to the new pipeline in San Gabriel Canyon Road other than across one of Crystal Canyon's parking areas. CIC proposes to construct an underground pipeline from the Pasadena facility through the parking area, where it will connect with the proposed pipeline in San Gabriel Canyon Road. The 10-foot wide easement area would run approximately 400 feet for a total easement area of approximately 4,000 square feet. The only other potential route would be to install the pipeline in Rancho Road City of Azusa City Council October 10, 2007 Page 3 from the power facility down to the intersection with San Gabriel Canyon Road. However, due to the high number of existing utility pipelines and facilities currently located in Rancho Road, installation of CIC's pipeline in this street, if even possible, would be very costly and would necessitate the shut down of Rancho Road and cause temporary utility outages during the period of construction to many homes in the area. This will result in a significant inconvenience to not only the many residents that use this street for road access to their homes, but also to the general public as well for an extremely extended period of time. Bottom line, the only feasible route is to go through Crystal Canyon's parking area. II. CIC's Prior Negotiations with the HOA. CIC and the HOA, through its previous attorney, Kris Geiger, Esq., worked together for almost one year on the terms of an agreement that would grant CIC an easement over the Crystal Canyon parking area, and the parties reached agreement on all but three issues before the HOA terminated all discussions. The HOA subsequently hired Michael H. Leifer, Esq., of Palmieri, Tyler, Wiener, Wilhelm & Waldron LLP as its new counsel, and we have been unable to revive or finalize those negotiations. The agreed terms are summarized as follows: 1. CIC will pay to the HOA $20,160.00 as consideration for a 10-foot wide underground utility easement over a small portion of Crystal Canyon's parking area. 2. CIC, at its sole expense,will keep and maintain the pipeline in good condition and repair. 3. Except in the event of an emergency, CIC will provide the HOA with seventy-two (72) hour notice prior to entering the property. 4. CIC will indemnify, defend and hold the HOA harmless from any claims, damages, and costs including reasonable attorneys' fees, arising from (i) CIC's performance of the construction and installation of the pipeline and (ii) CIC's use of the easement, except to the extent such claims arise from the negligence or willful misconduct of the HOA and related entities. 5. All work performed in connection with the construction and installation of the pipeline will be performed pursuant to plans, drawings and specifications prepared by Civiltec Engineering, Inc. ("Civiltec"), and at CIC's sole cost and expense. CIC will also hire and contract with a fully bonded and licensed contractor to perform the work. 6. HOA can place surface improvements on the easement area so long as such improvements do not unreasonably interfere with CIC's use of the easement. City of Azusa City Council October 10, 2007 Page 4 7. CIC is responsible, at its sole expense, for repairing any damage to the easement area, the property, and any and all improvements thereon arising from CIC's performance of the work, and restoring same to the condition existing immediately before the performance of the work to the extent reasonably practicable. 8. CIC is responsible, at its sole expense, for the prompt correction of any interference with existing utilities located in and around the easement area and property arising from CIC's performance of the work. 9. CIC's performance of the work will not interfere with emergency service vehicles' access to the property. 10. Should the residents of Crystal Canyon be forced to evacuate the property pursuant to a court order or any other governmental agency order as a result of a hazardous condition created or caused by CIC's performance of the work, CIC will reimburse the residents for all reasonable costs and expenses incurred by any such order requiring overnight lodging at a local hotel for such residents up to a maximum stay of seven(7) days. 11. CIC shall be responsible for all survey and survey-related costs and expenses connected with the project. 12. During the performance of the work, CIC will obtain and continuously maintain: a. Comprehensive general liability insurance insuring the HOA, as an additional insured, against any liability arising from CIC's performance of the work on account of bodily injury or death to one person in the amount of One Million Dollars ($1,000,000.00); on account of bodily injury to or the death of more than one person in the amount of One Million Dollars ($1,000,000.00); and on account of damage to or destruction of any property in the amount of One Million Dollars ($1,000,000.00) for each accident and Three Million Dollars ($3,000,000.00) aggregate; b. Commercial automobile liability insurance in the amount of One Million Dollars ($1,000,000.00); and c. Workers compensation insurance in statutory form. 13. The Construction and Installation .Agreement will specify that CIC's indemnification obligation will survive termination or expiration of the agreement. . City of Azusa City Council October 10, 2007 Page 5 14. In the event CIC no longer uses the pipeline, CIC agrees to cap and abandon the pipeline at its sole cost and expense. The parties were unable to reach agreement on the following issues: 1. The effective date on which CIC's obligation for payment of delay damages will begin. 2. The amount of the HOA's attorneys' fees to be funded by CIC. 3. The need for a second engineer at CIC's sole cost and expense to review Civiltee's plans and drawings and to oversee construction and installation of the pipeline_ Despite the HOA's refusal to continue discussions, CIC was determined to resolve this dispute by way of agreement and therefore avoid having to seek the City's assistance to pursue condemnation proceedings. For example, by letter dated May 13, 2007, CIC expressed its interest in reviving negotiations between the parties but to no avail. By letter dated June 14, 2007, CIC again attempted to reach out to the HOA by suggesting a meeting between the parties to discuss the proposed project and easement, as well as to answer any questions the HOA may have concerning the proposed project. Unfortunately, the HOA rejected CIC's invitation. CIC made one final attempt in early September to reach an agreement with the HOA by increasing its initial offer of$20,160.00 to $50,000.00, as well as other concessions. In support of its offer, CIC included a copy of an appraisal dated February 2, 2006 prepared in connection with CIC's acquisition of an underground pipeline easement over that portion of land adjacent to Pasadena's power facility which is directly across Rancho Road from Crystal Canyon's parking area. A copy of the appraisal is attached hereto as Exhibit "B" for your review. That easement area consisted of approximately 3,607 square feet of land located on a small portion of an eight acre parcel owned by Pasadena. In contrast, CIC's proposed easement over a portion of Crystal Canyon's parking area will consist of approximately 4,000 square feet of land. The date of valuation used for the appraisal was January 31, 2007, and the appraiser determined a fair market value for that easement calculated at $20,000.00, or$5.545 per square foot. CIC's revised offer of$50,000.00, or $12.50 per square foot, is more than 2 times the market value per square foot of the easement area that is the subject of the appraisal. Unfortunately, the HOA has chosen not even to respond to CIC's most recent offer. CIC was also willing to assume an obligation for delay damages in the amount of$500.00 per day should the project not be completed within 20 business days after breaking of ground, which was one of the three remaining issues not agreed on by the parties during their initial discussions. City of Azusa City Council October 10, 2007 Page 6 It is clear that CIC's attempts to negotiate in good faith with the HOA have fallen on deaf ears. The HOA appears to have no desire to resolve this issue with CIC and would like, for whatever reason, for all parties involved, including the City, to incur the significant expense, energy, and hardship connected with a condemnation action. Therefore, CIC has no choice but to seek the City's help in pursuing such an action. III. CIC's Statutory Authority for Acquiring Easements by Eminent Domain. Under California law, CIC, as a mutual water company, has the authority to acquire an easement over Crystal Canyon's parking area by eminent domain. Under Code of Civ. Proc. §1245.330, a quasi-public entity may not commence an eminent domain proceeding to acquire any property until the legislative body of each city, within whose boundaries property sought to be taken by the quasi-public entity by eminent domain is located (Code of Civ. Proc. §12454.310(a)), has adopted a resolution consenting to the acquisition of such property by eminent domain. A "quasi-public entity" includes a mutual water company that seeks to take property by eminent domain under Pub. Util. Code §2729. Code of Civ. Proc. §1245.320({). Under Pub. Util. Code §2725, a "mutual water company" means any private corporation or association organized for the purposes of delivering water to its stockholders and members at cost, including use of works for conserving, treating and reclaiming water. A mutual water company may exercise the power of eminent domain for water, water rights, canals, ditches, dams, poundings, flumes, aqueducts, and pipes for irrigation of lands famished with water by such company. Pub. Util. Code §2729. CIC is a mutual water company under the Public Utilities Code. Code of Civ. Proc. §1245.340 requires that the resolution to be adopted by the City Council contain all of the following information: (a) A general statement of the public use for which the property is to be taken and a reference to the statute that authorizes the quasi-public entity to acquire the property by eminent domain. (b) A description of the general location and extent of,the property to be taken, with sufficient detail for reasonable identification. (c) A declaration that the legislative body has found and determined each of the following: (1) The public interest and necessity require the proposed project. (2) The proposed project is planned or located in the manner that will be most compatible with the greatest good and least private injury. City of Azusa City Council October 10, 2007 Pale 7 (3) The property described in the resolution is necessary for the proposed project. (4) The hardship to the quasi-public entity if the acquisition of the property by eminent domain is not permitted outweighs any hardship to the owners of such property. CIC has had numerous conversations over the past several months with City staff and the City Attorney's office concerning CIC's proposed project. We understand that City staff is prepared to recommend the adoption of a Resolution pursuant to the authority cited above since the only feasible route for CIC to connect to the pipeline in San Gabriel Canyon Road is through Crystal Canyon's parking area. They have also expressed their willingness to answer any questions the City Council may have concerning CIC's proposed project. IV. Benefits to the City Resulting from CIC's Proposed Project. If CIC is able to install its pipeline in Crystal Canyon's parking area it will result in significant benefits to the City. These include: 1. Public Health' & Safety Benefits from Conversion of Open Canal to Underground Pipeline. As previously explained, CIC will be able to transport water from the San Gabriel River through the proposed underground pipeline instead of the open canal which will result in increased public safety and significantly reduce the exposure to liability in connection with the open canal. In addition, CIC's proposed pipeline project is critical to the success of the City's overall implementation of the Monrovia Nursery Specific Plan and Rosedale Project. The City, CIC, and the developer of the Rosedale project have spent a significant amount of time, energy, and money negotiating the terms of the new underground pipeline within the Rosedale Project site. CIC would be severely prejudiced if it were forced to use an alternative route to attempt to connect to the pipeline in San Gabriel Canyon Road. 2. Implementation of the Monrovia Nursery Specific Plan. The City also has a long standing relationship with CIC. The City has a vested interest in ensuring that CIC is able to connect to the pipeline in San Gabriel Canyon Road and therefore complete a critical component to the City's master planning efforts as described in the Monrovia Nursery Specific PIan. 3. Minimize Serviee Disruptions to Area Residents & Service Providers. Finally, allowing CIC access through Crystal Canyon's parking area will reduce the burden and inconvenience placed on City residents living in that area in connection with CIC's proposed project. As noted previously, the only other possible route would be to install the pipeline in Rancho Road from the power facility down to the intersection with San Gabriel Canyon Road. City of Azusa City Council October 10, 2007 Page 8 However, due to the high number of existing utility pipelines and facilities currently located in Rancho Road, installation of CIC's pipeline in this street would be very costly and would necessitate the shut down of Rancho Road and cause temporary utility outages during the period of construction to many homes in the area. This will result in a significant inconvenience to not only the many residents that use this street for road access to their homes, but also to the general public as well. V. Conclusion. CIC has done everything within its power to try and settle this issue with. the HOA without having to get the City involved. Unfortunately, the HOA has no desire to settle this issue despite CIC's willingness to be more than conciliatory in reaching an agreement. Therefore, CIC has no choice but to request that the City adopt a resolution consenting to CIC's acquisition of a utility easement over a portion of Crystal Canyon's parking area. Public interest and necessity require the proposed project since it will be most compatible with the greatest good and least private injury. Finally, the risk and expense to the City in adopting the resolution described herein would be minimal since CIC is prepared to reimburse the City for its costs and indemnify the City for all costs, expenses, and claims arising out of its action to approve such a resolution. The City and CIC are currently working on the terms of an Indemnification Agreement that will memorialize CIC's indemnification obligations. Very truly yours, David De Jesus, Presjdent/GM Covina Irrigating Co pany Enclosures cc: Fran Delach, City Manager,City of Azusa Sonia R. Carvalho, City Attorney Marco A. Martinez,Assistant City Attorney Joe Hsu, Director of Utilities, Azusa Light and Water Department, City of Azusa Timothy J. Gosney, Lagerlof, Senecal, Gosney&Kruse LLP LAW OFFICES PALMIERI. TYLER, WIENER, WILHELM-& WALDRON LLP. A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 2603 MAIN STREET ANGELO J PALMIERI IIR26'19961 EAST TOWER - SUITE 1300 AZUSA CITY CLERK P O. BO. 19n2 ROBERT F. WALDRON (1927-1998) IRVINE, CALIFORNIA 92614-4281 f I IRVINE. CA 92623-9712 ALAN H WIENERDW' DONNA L SNIII'y I•{I P 5� 19 1R11ER'5 DIRECT ROBERT C IHRRC RYAN M EASTER (8491 BSI-9400 pggg II JAMES E WILXELM' ELISE L ENOMOTO w tOOT DENNIS G TYLER' HEATHER WwWWW C WHITMORE p DIAL NUMBER MICHAEL J GREENE' ELIZABETH VALAOEZ (949) 851-7294 DENNIS W GRAN' MELISA R. PEREZ DAVID O.PARR' AMISH J BANKER p mleiferaptwww.com CHARLES H KANTER' MICHAEL I KEHOE May 14, 2000 FACSIMILE (9491 B51-1554 PATRICK A HENNESSEY ROBERT H GARRETSON DON FISHER JASON E BURNETT - 19491 851-3840 GREGORY N WEILER RYAN M PRAGER 1949) J57-1225 WARREN p WILLWMB JOSEPH W HANEY 111 JOHNR LISTER JULIA A GOWIN CYNTHIA M WOLCOTT CK C BUNCH GARY O. LANNIE C CHU H MICHAEL M IFER ANNIE CARPENTER JERAO RELi2 SCOTTRICHARD R. CARPENTER HEATHER H WHREHEAD REFER TO FILE NO RICHARD A RSALUSODIC ERIN BALSAR4 - NORMAN J COLE DERCBRETL DEHANH 35275-000 RONALD M.COLE DEREK M FREEMAN STEPHEN L SANGELO F JULIAN FREEMAN III STEPHEN A SCHECN ERICA M 9OPOSKY VIA HAND DELIVERY, FACSIMILE AND EMAIL Members of the City Council City of Azusa 213 E. Foothill Blvd. Azusa, CA 91702 Re: Notice of Public Hearing Re Adoption of Resolution to Consent to the Use of Eminent Domain to Acquire Property Owned by the Crystal Canyon Homeowners Association Honorable Members of the City Council: As you are likely aware, this firm has been retained to represent Crystal Canyon Homeowners Association ("Association") in connection with the proposed taking of a portion of the developed and occupied Crystal Canyon development(the "Subject Property") by Covina Irrigating Company ("CIC") in connection with a water pipeline Project(the "Project"). We have received a notice that the City of Azusa will consider the adoption of a resolution consenting to the use of eminent domain by CIC to take a portion of the Subject Property. Based upon this notice, the hearing by the City Council on the resolution is set for May 14, 2008 at 7:30 p.m. The purpose of this letter is to provide the Association's written objections to the resolution. We request that this letter and its enclosures, as well as the Association's prior objection letter dated February 4'i', 2008 and its enclosures, be included as part of the formal administrative record on this agenda item. Members of the City Council May 14, 2008 Page 2 CIC claims it is a mutual water company authorized under Section 2729 of the California Public Utilities Code to acquire an easement over the Subject Property by eminent domain. Code of Civil Procedure sections 1245.310 et seq. applies to the use of eminent domain by a quasi-public entity, such as a mutual water company. A resolution consenting to the acquisition of property by eminent domain by the legislative body must comply with the requirements of Code of Civil Procedure section 1245.340. Moreover, pursuant to Code of Civil Procedure section 1245.380, the quasi-public entity must comply with the requirements of Code of Civil Procedure section 1240.030 as well as any other requirements imposed by law. The Association renews its prior objections raised in its letter to the City Council dated February 4, 2008, a copy of which is attached hereto as Exhibit"A" (excluding the enclosures). Those objections include, but are not limited to, the following: • CIC failed to make a legitimate precondemnation offer based upon an appraisal of the fair market value of the property as required by Government Code section 7267.2. • The Association's due process rights have been violated by CIC's failure to comply with Code of Civil Procedure section 1263.025. Additionally, the Association further objects to the adoption of the proposed resolution on each of the following grounds enumerated below: 1. The advancement of this hearing is in violation of Government Code section 7267.5. Government Code section 7267.5 provides, "In no event shall the public entity either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property." Pursuant to the City Council's direction, the parties engaged in an information meeting, followed by a brief mediation on April 14, 2008. Much of the time on April 14, 2008 was spent gathering the information that the Association had been requesting for years from CIC. It was through this meeting that the true scope of the Project across the Subject Property was discovered. Members of the City Council May 14, 2008 Page 3 On April 17, 2008, my office received a letter from Chris Chan, CIC's counsel, stating that the resolution authorizing CIC to condemn the Subject Property "has been continued indefinitely." Upon this representation, the parties agreed to move forward towards a second mediation. Despite this representation, the May 14, 2008 hearing has been noticed. This hearing is the result of either CIC or the City. CIC claims that it was not the driving force for the calendaring of this hearing. Such a claim is baseless considering the extreme modifications and amendments made to the notice and proposed resolution. Such information could only come from CIC. Moreover, the City has steadfastly maintained that it has no interest in this Project, and that it is not the City's Project—the City is only "consenting." Either way, whether provoked by CIC or not, CIC is clearly backing and helping to drive this hearing on the resolution of consent. CIC and the City are improperly advancing this hearing in an effort to gain a significant advantage in the negotiation process in order to compel an agreement from the-Association. Such an action is improper and is in violation of the Government Code. 2. There are Prosect alternatives that have not been analyzed. Thus, the requirements of Code of Civil Procedure section 1245.340, subdivision (c) cannot be met. Code of Civil Procedure section 1245.340, subdivision (c) requires that the legislative body must find and determine each of the following before it can consent to the use of eminent domain by a quasi-public entity: (1) the public interest and necessity require the proposed Project; (2) the proposed Project is planned or located in the manner that will be most compatible with the greatest good and least private injury; (3)the property described in the resolution is necessary for the proposed Project; and (4)the hardship to the quasi-pubic entity if the acquisition of the property by eminent domain is not permitted outweighs any hardship to the owners of such property. Here, none of these findings can be made because Project alternatives exist that have not been analyzed by CIC. Utilities of this size and nature should be placed in public streets. In fact, the rest of the Project's proposed pipeline is or will be in public streets except for the section that cuts through the Subject Property. CIC has not and cannot adequately explain why the water pipeline cannot be placed elsewhere, such as southerly along Ranch Road—a Members of the City Council 'May 14, 2008 Page 4 public right of way. In fact, CIC cannot provide an explanation because CIC has not analyzed the Ranch Road alternative. CIC's bare assertion that Ranch Road is already "congested" with utilities is unsupported. In fact, after the Association finally received plans and other information it requested from CIC, it was evident that the 42-inch water pipeline could be placed in/under Ranch Road. (A true and correct copy of the plans obtained from CIC are attached hereto as Exhibit `B".) By moving a current 2-inch street light conduit, CIC could successfully place the pipeline in the parkway of Ranch Road. (See Exhibit `B".) Such a Project alternative has not even been considered by CIC. Because such a Project alternative exists, one which would not require the use of eminent domain to take private property, the City Council must find that (1) the planning and design prong cannot be met; (2) the least private injury prong (Code Civ. Proc., §1245.340, subd. (c)(2)) cannot be met; (3) the property is not necessary for the Project; and (4) CIC will not suffer any hardship if the acquisition of the property by eminent domain is not permitted. 3. The taking of the Subject Property is a predetermined outcome. As a condition precedent to the exercise of the power of eminent domain, a public entity must hold a public hearing to determine whether a particular taking meets the public interest and necessity criteria articulated in Code of Civil Procedure section 1240.030. (Code Civ. Proc., § 1245.235.) If, after such public hearing, the public entity determines that the proposed taking meets that criteria, then it must adopt a resolution of necessity before proceeding to condemn the property. (Code Civ. Proc., §§ 1240.040, 1245.220.) Implicit in this requirement of a hearing and the adoption of a resolution of necessity is the concept that, in arriving at its decision to take, the public entity engages in a good faith and judicious consideration of the pros and cons of the issue and that the decision to take be buttressed by substantial evidence of the existence of the three basic requirements set forth in Code of Civil Procedure section 1240.030. (Redevelopment Agency v. Norm's Slauson (1985) 173 Ca1.App.3d 1121, 1125-1126.) In the absence of a fair and impartial hearing, the resolution of necessity is void. Here, the City has apparently already predetermined the outcome of the hearing well before it was set (see, Exhibit A, p. 12), and CIC also predetermined the outcome. As discussed above, there were no alternative alignments even considered. CIC already has the end part of the raw, untreated water pipeline constructed. According to CIC, it must build according to this alignment for flow reasons —the downstream pipe was situated so that the flow from the missing upstream section would solely come from this Members of the City Council May 14, 2008 Page 5 alignment. CIC stated that it is financially committed to this alignment and studied no other. In fact, the proposed alignment over the Subject Property was the preferred alignment, and the only alignment analyzed. The proposed alignment has been in place since the early development of Rosedale —approximately 4-5 years ago. Since that time, CIC has committed itself to the Project going across the Subject Property. The reason no alternatives were studied or considered is because CIC has already pre-committed to the alignment over the Subject Property. The City is in danger of making the same mistake. 4. As the Association only recently learned, CIC has not fully disclosed the full scope of the Project to the Association or to the City. Again, the planning and design prong cannot be met. As discussed above, the planning and design prong cannot be met because Project alternatives exist that have not been analyzed or even considered. Even more, CIC has failed to disclose to the City (and until recently to the Association), the true scope of the Project, as currently planned. First, CIC has not even completed its Project design. Accordingly, the scope of this Project is unsettled and could change. Moreover, unlike CIC's representations at the February 4'h, 2008 hearing before the City Council, this Project involves much more than the installation of a 42-inch water pipeline. First, CIC sought a 10-foot water pipeline easement. When confronted with the inadequacy of the 10-foot water pipeline easement, CIC changed its position. Now, it is a 10-foot easement with a 25-foot temporary construction easement ("TCE"). CIC cannot construct, and will not limit its physical use of the Subject Property, to the width of the sought-for taking and TCE. CIC cannot remediate the damage it will do to portions of the remainder of the Subject Property because of the width limitations of the proposed taking and TCE. CIC cannot do all the necessary work, use, parking, entry, etc. inside a TCE of this size. Such insufficient taking results in physical occupancy greater than that authorized by the proposed taking and TCE. The insufficient taking either results in an attempt to cause the property owner to forfeit compensation or to be forced to file an inverse condemnation proceeding to recover compensation. This is an improper attempt to burden the property owner and minimize compensation. When CIC exceeds the scope of the permitted use, the property owner will be forced to defend itself by bringing an Members of the City Council May 14, 2008 Page 6 inverse condemnation cross-complaint. Causing the owner to bring such an action by purposefully under-sizing the scope of the taking is improper. Such conduct is prohibited by Government Code section 7267 et seq., and particularly Government Code section 7267.5. Moreover, unlike CIC's prior misrepresentations, this Project is not limited to the installation of a 42-inch water pipeline. Rather, as the Association only recently discovered, the actual scope of the Project involves boring on the Subject Property and the relocation of the community's existing waterlines and sewer lines to make way for the CIC water pipeline. (See Exhibit `B".) The actual scope of the Project will admittedly have substantial impacts on the Association community. It will impact the community's utilities. It will impact units. It will impact parking. It will impact access. It will impact services. It will impact occupancy. It will require utility relocations. It will impact other common area improvements. Moreover, CIC has not shown how the Association community is protected from a chronic or catastrophic failure on a physical or financial basis in the near term or the long term. Neither the City nor CIC have imposed binding conditions or obligations on the Project to monitor and protect the Association for the construction periods or for the long term. It is not enough for CIC to give `lip service"to its obligations. Moreover, by participating in and facilitating the Project over the Subject Property, the City is primarily responsible because, but for the City's condemnation approval, the Project could not go forward over the Subject Property. 5. The proposed Project is not planned or located in a manner that will be most compatible with the least private injury requirement. One of the necessity components that must be analyzed and satisfied is whether the proposed Project for which the property is sought to be taken is planned or located in a manner that is most compatible with the greatest public good and causes the least private injury. (Code Civ. Proc., §§1240.030, subd. (b), 1245.340, subd. (c)(2).) In this situation, where there can be no substantial evidence supporting the determination as to the planning and location of the proposed Project, the resolution is invalid. Again, as discussed above, CIC's location of the proposed Project violates the "least private injury" requirements. CIC could accomplish the same intended result it Members of the City Council May 14, 2008 Page 7 without acquiring any interest in the Subject Property or impacting it by placing the water pipeline where it belongs— in the public right of way (such as Ranch Road). As discussed above, there are other more suitable locations for the proposed Project than the Subject Property. Such other locations would allow for the construction of the same type of Project for a "lesser private injury" than the present location being proposed. However, CIC has failed to analyze or consider any other alternatives. 6. The property sought to be acquired is not necessary for the Project. One of the other mandatory components to the necessity determination is that the property sought to be acquired must be necessary for the Project. (Code Civ.Proc., §1240.030, subd. (c), 1245.340, subd. (c)(3).) In the absence of substantial evidence supporting such a determination, the resolution is not valid. As discussed in detail above, CIC has not established that the Subject Property is necessary for the Project. Again, there are alternate alignments for the water pipeline that do not involve going across the Subject Property, such as placing it in the parkway of Ranch Road. CIC has not provided any evidence of necessity. 7. The hardship to CIC if the acquisition of the property by eminent domain is not permitted does not outweigh the hardship to the owners of such property. The resolution consenting to the acquisition of property by eminent domain by a quasi-public agency must provide that the hardship to the quasi-public entity if the acquisition of the property by eminent domain is not permitted, outweighs any hardship to the owners of such property. (Code Civ. Proc., § 1245.340, subd. (c)(4).) CIC has made no showing of any hardship whatsoever. Again, as discussed above, CIC cannot make a showing of hardship. CIC can place the water pipeline in the parkway of Ranch Road by relocating a 2-inch street light conduit. Compare this with the Project as proposed where CIC has to relocate the Association's existing water lines and sewer lines to make way for the 42-inch pipe. If the acquisition of the property by eminent domain is not permitted, CIC will not suffer any hardship. To the extent that an asserted increased cost constitutes a "hardship," CIC has failed and refused to demonstrate any financial analysis whatsoever concerning any other f-. eJ . Members of the Cin' Council May 14, 2008 Page 8 alignment. It has not demonstrated any analysis of the Ranch Road alignment versus cutting through the Crystal Canyon community. CIC has not analyzed, expressed, or quantified the hardship to the Crystal Canyon community. As discussed above, the community will be impacted and suffer substantial hardship. The construction of a pipeline that bisects the Subject Property will have short term and long term affects on the Crystal Canyon community. The Project will impact the community's utilities, the units, parking, access, services, occupancy, other common area improvements and it will require utility relocations. The Project will also impact the community over the long-term. Again, as discussed above, CIC has not shown how the Association community is protected from a chronic or catastrophic failure on a physical or financial basis in the near term or the long term. 8. CIC has failed to comply with the California Environmental Quality Act C( EOA). CIC has failed to analyze the environmental impacts of the proposed Project in violation of CEQA. While CEQA is complicated, the underlying concept is to inform the public and the decision maker of environmental impacts. The proposed project is part of a larger project. CIC is piecemealing the larger project in an attempt to avoid the applicability of CEQA. Such piecemealing is inappropriate. CEQA guidelines define "project"to mean "the whole of an action." (CEQA Guidelines, §15378, subd. (a).) "`Project' is given a broad interpretation in order to maximize protection of the environment." (McQueen v. Board of Directors of the Mod peninsula Regional Open Space District (6h Dist. 1988) 202 Cal.App.3d 1136, 1143.) An agency should not"piecemeal" or "segment" a project by splitting it into two or more segments. The piecemeal approach can have disastrous environmental consequences. (See Burbank-Glendale-Pasadena Airport Authority v. Hensler (2d Dist. 1991) 233 Cal.App.3d 577, 592.) In 1975, the California Supreme Court declared generally that CEQA mandates "that environmental considerations do not become submerged by chopping a larger project into many little ones—each with minimal potential impact on the environment — which cumulatively may have disastrous consequences." (Bozung v. Local Agency Formation Commission (1975) 13 Ca1.3d 263, 283-284; see McQueen v. Board of Directors of the Mod peninsula Regional Open Space District, supra, 202 Cal.App.3d at p. 1143 ["[a] narrow view of a project could result in the fallacy of division . . . that is, Members of the City Council May 14, 2008 Page 9 overlooking its cumulative impact by separately focusing on isolated parts of the whole".) CIC's attempt to circumvent CEQA by piecemealing the larger project into smaller sections is improper. CIC's failure to comply with CEQA fails requirements under the Eminent Domain Law. 9. The Association's due process rights have been violated by the defective notice of public hearing and proposed resolution. The notice of public hearing as well as the proposed resolution are defective. The notice does not provide adequate information regarding the scope of the project or the true extent of the taking. The proposed resolution is also defective as it does not deal with the scope or true extent of the taking. Moreover, the proposed legal description of the taking is provided in Exhibit 2 to the proposed resolution. The legal description does not limit the taking to an easement. Based on the foregoing objections, the Association requests that the City not adopt the resolution. letrul yours, Michael H. Leifer MHL:gkt cc: Vera Mendoza, City Clerk, City of Azusa (via hand delivery) Fran Delach, City Manager, City of Azusa (via hand delivery) Marco Martinez, Esq. (via email w/o exhibits and via mail) Christopher Chan, Esq. (via email w/o exhibits and via mail) Client 301 North Lake Avenue l rh f) loth Floor Sehead Pasadena, CA 91101-4108 Phone: 626.793.94 00 Fax:626.793.5900! OSWKra www.lagerlof.com LLP Established 1908 July 8, 2008 VIA E-MAIL AND U.S. MAIL Mr. Cary Kalscheuer Azusa Light &Water Post Office Box 9500 Azusa, CA 91702-9500 Re: Covina Irrigating Company Response to Crystal Canyon HOA Objections Dear Mr. Kalscheuer: As you know, the attorneys for the Crystal Canyon Home Owners Association (the "HOA') provided the City Council with written objections to the past two public hearings on the adoption of the resolution of consent by written correspondence dated February 4, 2008 and May 14, 2008. Most of these objections assert that the City of Azusa City Council cannot make the four findings necessary for adoption of the resolution required under California Code of Civil Procedure Section 1245.340. However, as you know, these objections are addressed in significant detail in the City of Azusa's May 14, 2008 staff report and are also included in the July 21, 2008 staff report. This letter responds to some of the other objections raised by the HOA and its attorneys as well as addresses the issue of Proposition 99. Precondemnatiion Offer The HOA asserts that CIC has failed to make a precondemnation offer based upon an appraisal of the fair market value of the easement to be acquired as required under California Government Code Section 7267.2. Government Code Section 7267.2(a)(1) requires that prior to the adoption of a resolution of necessity pursuant to Code of Civil Procedure Section 1245.230 and the initiation of negotiations for the acquisition of real property, the public entity shall establish an amount that it believes to be just compensation, and shall make an offer to the owner to acquire the property for the full amount established. Government Code Section 7267.2 is inapplicable to the current situation for at least two reasons. First, the City Council is not being asked to adopt a resolution of necessity pursuant to Code of Civil Procedure Section 1245.230. Instead, the City Mr. Cary Kalscheuer Azusa Light&Water July 8, 2008 Page 2 Council is being asked to adopt a resolution of consent pursuant to Code of Civil Procedure Section 1245.310 et seq. In addition, Government Code Section 7267 states that section 7267.2 does not apply "to the acquisition of any easement, right of way, covenant, or other nonpossessory interest in real property to be acquired for the construction, reconstruction, alteration, enlargement, maintenance, renewal, repair, or replacement of subsurface sewers, waterlines or appurtenances, drains, septic tanks, or storm water drains." Therefore, section 7267.2 is nota applicable to CIC's proposed pp p posed easement acquisitions. While Government Code section 7267.2 is inapplicable to CIC's proposed easement acquisitions, it is important to note that CIC has already made several monetary offers over the last two years in trying to reach agreement with the HOA. CIC's latest offer was made May 13th and the HOA has elected not to respond. In addition, as stated by City Attorney Carvalho at the May 14th public hearing, the City Council is being asked only to consider whether to adopt the resolution consenting to CIC's acquisition of an easement by eminent domain. If the City Council votes in favor of the adoption of the resolution by at least a two-third's (2/3) vote, such adoption does not result in the actual acquisition by CIC of the subject easements by eminent domain. Instead, adoption of the resolution only provides CIC with the authority to file a condemnation action if it is unable to successfully negotiate the acquisition of the subject easements with the HOA. As further stated by the City Attorney, CIC would still be required to comply with all requirements under the law prior to the filing of any eminent domain action should it become necessary for CIC to do so. Due Process The HOA further asserts that its due process rights have been violated by (1) CIC's alleged failure to comply with Code of Civil Procedure Section 1263.025, which requires the public entity to pay the reasonable costs, not to exceed $5,000, of an independent appraisal ordered by the property owner and (2) the alleged defects of the notice of public hearing and proposed resolution. As stated previously, if the resolution is adopted, CIC will be authorized to file a condemnation action should it choose to do so. Prior to the filing of such action, CIC would be required to comply with all requirements under the law including the obligation to offer to pay the reasonable costs, not to exceed $5,000, of an independent appraisal ordered by the property owner. LC S f cal GOsW&Kruse LLP Mr. Cary Kalscheuer Azusa Light&Water July 8, 2008 Page 3 The HOA asserts that the notice of public hearing and proposed resolution are defective because they do not provide adequate information regarding the scope e of the project or the true extent of the taking. The notice and resolution advises the property owner that CIC requests the City Council to adopt a resolution consenting to CIC's acquisition of a permanent 10-foot wide easement and 25-foot wide construction easement to construct, install, use, inspect, locate, maintain, operate, alter, add to, repair, replace,remove and/or relocate pipelines and related facilities and connections, including the right to construct, install, maintain and operate a 42" pipeline, and the right to remove, replace, and/or relocate any above-surface and sub-surface pipelines, improvements,. structures, trees, shrubs, and any other growth thereon, necessary or convenient for CIC's use of the easement for water transportation and for any and all other uses and purposes, in, under, upon, over, across and through Shady Oak Court and parking lot located on the Crystal Canyon property. The notice and resolution provides adequate information regarding the scope of the project. CIC Has Studied Alternative Alignments The HOA also asserts that CIC has not studied any alternative alignments other than the proposed alignment through the Crystal Canyon property. CIC's engineers have studied other alternative alignments and concluded that they are technically and economically infeasible for the reasons set forth in the May 14th and July 21" City staff reports. It should also be noted that the City's own staff and engineers have studied a possible Ranch Road alignment for its pipeline and determined that such an alignment was not feasible. As you know, this is the key reason the City negotiated an easement with the Canyon View Homeowners Association located just north of the Crystal Canyon Condominium property, which the City plans to construct and install a pipeline through the Canyon View property to connect to the City's pipeline located in San Gabriel .Canyon Road heading south. The Taking of the Subject Property is not a Predetermined Outcome The HOA asserts that the City cannot engage in a fair and impartial hearing since the City has'already predetermined the outcome of the hearing. The HOA asserts that no alternatives have been studied in support of its assertion. As discussed previously, as well as throughout the May 14th and July 2151 City staff reports, CIC has studied alternative alignments, all of which are technically and economically infeasible and would cause a substantial hardship to CIC and other affected property owners if it were L499Sof cal GOsW&Kruse LLP Mr. Cary Kalscheuer Azusa Light&Water July 8, 2008 Page 4— forced forced to proceed through an alternative route. The City Council has required that all information concerning the scope of the project including the designs, maps, and drawings of the proposed pipeline be provided to the HOA, which CIC has already done. The City Council listened to public comments made by CIC and the HOA at both the February 4fl' and May 14'public hearings, and also had the opportunity to ask numerous questions of both parties at those hearings concerning the scope of the project and the impact to both parties. CIC Has Disclosed the Full Scope of the Project to the HOA and the City The HOA also asserts that CIC has not disclosed the full scope of the project to the HOA and the City. CIC has previously produced hundreds of pages of documents to the HOA pursuant to the HOA's document production request including plans, designs, and drawings concerning the design and detail of the proposed pipeline. In addition, at the April 10 mediation between the parties, CIC and the HOA participated in a joint informational session wherein the HOA and its attorneys asked CIC and its engineer numerous questions concerning the scope, design, and detail of the proposed pipeline project and easements. CIC and its engineer, as well as Chet Anderson of Azusa Light and Water, also explained to the HOA and its attorneys why alternative routes are infeasible. On May 29, 2008, CIC organized another meeting with the Crystal Canyon homeowners and HOA board members, the purpose of which was to further educate the homeowners and HOA board members about the necessity and scope of the pipeline project and to address any concerns the homeowners and HOA board members had concerning the proposed project. Several homeowners, the HOA, and its attorneys were in attendance and again asked CIC and its engineers questions concerning the scope of the project. In addition, it is our understanding that City staff has previously reviewed and analyzed CIC's plans, designs, and drawings concerning the scope of the proposed pipeline project. CIC's Proposed Pipeline Proiect is Exempt under the California Environmental Quality Act (CEOA) The HOA asserts that CIO's proposed pipeline project is part of a larger project and therefore CIC is "piecemealing the larger project in an attempt to avoid the applicability of CEQA." The adoption of the resolution of consent is statutorily exempt Sempat Golsney Kruse LLP Mr. Cary Kalscheuer Azusa Light& Water July 8,2008 Page 5 from the requirements of CEQA pursuant to Section 15282(k) of the CEQA Guidelines and Public Resources Code section 21080.21. Public Resources Code section 21080.21 states that CEQA "does not apply to any project less than one mile in length within a public street or highway or any other public right-of-way for the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline." The proposed pipeline project being considered by the City Council in connection with the adoption of the resolution would begin at a power facility owned and operated by the City of Pasadena just east of Ranch Road directly across from a private road (called Shady Oak Court) and parking lot located on the Crystal Canyon Condominium complex. The pipeline would cross Ranch Road and traverse Shady Oak Court. The distance of the proposed pipeline under consideration by the City Council is less than one mile in length and therefore exempt from the CEQA requirements. Once the proposed pipeline is constructed and installed in Shady Oak Court, it will extend underground south on San Gabriel Canyon Road and then east on Sierra Madre Avenue where it will connect with the Rosedale pipeline just east of Dalton Avenue. It is anticipated that the City will grant CIC a license to construct, install, maintain and operate this portion of the pipeline in the City streets. The distance from the starting point in San Gabriel Canyon Road to the connection point in Sierra Madre Avenue is also less than one mile in length. It is important to note that the distance from the Pasadena power facility to the connection point is also less than one mile in length. Proposition 99 California Proposition 99 was a proposed amendment to the California Constitution that appeared on the June 3, 2008 statewide ballot. Approximately 62.5% of the voters endorsed Proposition 99. Proposition 99 amends Section 19 of Article I of the California Constitution, adding section 19(b) which prohibits State and local governments from "acquiring by eminent domain an owner-occupied residence for the purpose of conveying it to a private person." Under Section 19(e)(6), the "State" means the State of California and any of its agencies or departments, and under Section 19(e)(2), "local government" means any city, including a charter city, county, city and county, school district, special district, authority, regional entity, redevelopment agency, or any other political subdivision within the State. Proposition 99 is not applicable here for several reasons. First, the adoption of the resolution of consent by the City Council, if it elects to do so, does not actually result in Sehead G''J` Kruse LLP - A., Mr. Cary Kalscheuer Azusa Light &Water July 8, 2008 Page 6 the acquisition by eminent domain of an owner-occupied residence by the State or by local government. The adoption of the resolution of consent does not result in the City of Azusa acquiring the subject easements by eminent domain; rather, such adoption only gives CIC the authority to file an eminent domain action to acquire the subject easements should it become necessary for CIC to do so, and, if CIC does so, the HOA will receive just compensation for creation of the easement. In addition, CIC is a California non-profit mutual water company that is considered a quasi-public entity under Code of Civil Procedure section 1245.310 et seq. As a mutual water company and a quasi-public entity, CIC has the authority to exercise powers of eminent domain after obtaining the consent by the legislative body of the city or county within whose boundaries the subject property is located. Proposition 99 also adds section 19(c) which states that section 19(b) "does not apply when State or local government exercises the power of eminent domain for the purpose of protecting public health and safety; preventing serious, repeated criminal activity; responding to an emergency; or remedying environmental contamination that poses a threat to public health and safety." Assuming arguendo that Proposition 99 is applicable to the proposed acquisition, the exclusion under section 19(c) of Article I of the Califoinia Constitution would govern since the easements are necessary for CIC's proposed pipeline project, which is designed to protect public health and safety as further explained in the staff reports. Very truly yours, l , Christopher B. Chan CBC/fcl cc: David De Jesus, President/General Manager, Covina Irrigating Company Sonia R. Carvalho, Esq., Best, Best, &Krieger, LLP GACovim\Crystal Canyon Easement\Kalscheuer.Resp.Obj.rAr070808.doc Lagerlof tSeneml CYOSI 'Y&K., LLP COVINA IRRIGATING CO PANY July 10,2008 Joseph R.Rocha, Mayor Keith Hanks,Ma or Pro-tem City of Azusa City of Azusa Administration Department Administration epartment 213 E. Foothill Blvd. 213 E. Foothill Ivd, Azusa, CA 91702 Azusa, CA 917 Angel Carrillo,,Council Member Uriel E. Macias, ouncil Member City of Azusa City of Azusa Administration Department Administration epartment 213 E. Foothill Blvd. 213 E. Foothill B[vd. Azusa, CA 91702 Azusa, CA 9I70 Robert Gonzales, Council Member City of Azusa Administration Department 213 E. Foothill Blvd. Azusa, CA 91702 Re: Crystal Canyon Homeowners Association/C vina Irrigating Company Request for Use of Eminent Domain Powers Dear Mayor and Council Members', As you know,the City Council held a public hearing o 1 May 14, 2008 to consider Covina Irrigating Company's ("CIC") request that the City Counci adopt a resolution consenting to CIC's use of eminent domain to acquire a permanent wat rline easement (and a temporary ' construction easement) that would traverse private propery owned by the Crystal Canyon j Homeowners and/or Crystal Canyon Home Owners Associa ion(the "HOA") located between Ranch Road and San Gabriel Canyon Road north of Sierra TV adre Avenue. At that hearing, the City Council voted in favor of adopting the resolution b a 3-2 vote. Unfortunately, the resolution did not pass since it was not adopted by at least L two-thirds (2/3) vote of the City Council members as required under Code of Civil Procedure' s ction 1245.360. At that hearing, Mayor Rocha expressed concern that t e resolution did not identify rights the Crystal Canyon homeowners and/or HOA had in the ev nt of damages resulting from the failure of the proposed pipeline or, alternatively, damage res Iting from CIC's continued use of the permanent easement. As stated by CIC's attorney at th hearing, CIC and the HOA have been attempting to negotiate the terms of a settlement agree ent that would provide CIC with 146 E. COLLEGE STREET• POST OFFICE BOX 306• OVIINA, CA 91723 (626) 332-1502•FAX (626) 967-59 2 City of Azusa City Council July 9, 2008 Page 2 the requested easements in exchange for the HOA receiving nonqtary compensation and other concessions including CIC's obligation to indemnify the bon eowners and HOA in connection with any such damage. Unfortunately,the parties have been u iable to reach such an agreement. However, even if the parties are ultimately unable to r ch an agreement, as explained by City Attorney Carvalho at the May 14'"hearing,the law requi s that CIC be responsible for any damage caused to the Crystal Canyon property, the homeo vners, residents, HOA, and third parties as a result of(1) CIC's construction and installation o the proposed pipeline and (2) the continued operation of the pipeline by CIC thereafter. Further ore, the City Attorney also stated that after the pipeline has been installed in the subject propert:5 CIC would be responsible for the continued maintenance and operation of the pipeline at its sole expense. Under the law, the Crystal Canyon homeowners an or HOA, as the owners of the servient tenement, have no obligation to maintain or repair th easement unless the parties enter into an agreement providing otherwise; they would, .ho ver, have an obligation not to unreasonably interfere with CIC's use of the easement. 6 Me r&Stan Cal. Real Estate (3rd ed. 2006) Easements, §15:67, p. 15.-223; see also Civ. Code seaton 845; Rose v. Peters (1943) 59 Cal. App. 2d 833, 835. The owner of an easement is liable fo any damages caused to the owner of the servient tenement by the easement owner's wrongful or unreasonable acts. Miller& Stan, supra, §15:66 at p, 15-222. The owner of an easeme t may improve it, or construct improvements on it, such as grading or paving, if the improve ments are reasonably necessary to make use of the easement safe and convenient. But in doinj so, the easement owner may not increase the burden on, or unreasonably interfere with, the me of the servient tenement by its owner. Id., §15:67 at p. 15-225. Furthermore, CIC, as the owner of the easement, not my has the obligation to maintain and repair the easement, but CIC also has the duty to keep t e easement in a safe condition to prevent injury to innocent third persons. If anyone is injured s a result of a dangerous condition of CIC's underground pipeline easement, as the owner of theasement, CIC would be liable for the resulting damages, with the possible exception, however of those engaged in wrongful or criminal conduct. Id, §15:68 at pp. 15-228 — 15-229. There ore, CIC would like to assure the City Council that if any damage results to an innocent third p the homeowners, and/or HOA as Ia result of CIO's use of the easement and continued r iaintenance and operation of the proposed pipeline, CIC is prepared to live up to its legal oblige 'ons as discussed above, Very truly yours, Da De Jesus, esident/ TM Covina Irrigating ompany • I. City of Azusa City Council July 9, 2008 Page 3 cc: Christopher B. Chan,Esq., Lagerlof, Senecal, Gosney Kruse, LLP Fran Delach, City'Manager, City of Azusa Sonia R. Carvalho, Esq., Best, Best&Krieger, LLP I pF - . j AGENDA CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER /(,�;'I DATE: JULY 21, 2008 �bbb°°° SUBJECT: AUTHORIZATION TO SOLICIT A NOTICE INVITING BIDS (NIB) AND REQUEST FOR PROPOSALS (RFP) — PAINTING OF RAILROAD BRIDGE ON FOOTHILL BLVD. RECOMMENDATION It is recommended that the City Council: 1. Approve the updated paint scheme as detailed on attachment for Railroad Bridge on Foothill Blvd., between Orange and Vernon; and 2. Authorize staff to solicit a Notice Inviting Bids (NIB) for the painting of the Railroad Bridge on Foothill Blvd., between Orange and Vernon; and 3. Authorize staff to solicit a Request for Proposals (RFP) for the painting of the City Logo, "Azusa" lettering and striping (Professional Service). BACKGROUND The Railroad Bridge on Foothill Blvd. was built in 1941. It has been approximately 30 years since the bridge was last painted. Over that period, there has been a lot of patchwork on the bridge due to graffiti abatement efforts and the Azusa logo paint has weathered and been updated. Recently, the City Council expressed interest in re-painting the exterior of the bridge. Staff has drafted an RFP to paint the entire exterior of the bridge, including the logo design. Attachment I includes two pictures, the first is a picture of the proposed new paint scheme including the new City of Azusa logo. The second is a picture of the existing paint scheme. At this point, staff requests the City Council provide direction as to the design to be painted on the bridge. Staff recommends the City Council approve the updated logo paint scheme and authorize staff to solicit an NIB and RFP for the painting of the Railroad Bridge. FISCAL IMPACT Estimated cost for the project is $50,000. Project was not adopted in the FY 08/09 Capital Improvement Plan, however funds are available in the General Fund. Attachment: Rendering for Current and Alternative Designs i a New Desil�n U°O is 161�CI '� '` � " * <e'�. �� '`xs-fir.: �" '""". _��R,✓°�"�`�''k�^'=_. 2 _ Ex,^CN1m` rS Su �� Eli � 4 �'� )U���x ''✓lam* ° 4��°D 9.R' .. a.. NAk- s� Via —off % ��\IS21[7�> I�CSlof7 ' rfxY _ ". Its,.x x F � � SET ^+"3Y s N � 5 a r � - 2 job � .d, -- U D .. . C'9C9fORr`�P. AGENDA ITEM—PUBLIC HEARING TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS �[ FROM: ALAN KREIMEIER, ADMINISTRATIVE SERVICES DIRECTOR—CFO VIA: F.M. DELACH, CITY MANAGER DATE: JULY 21, 2008 SUBJECT: PUBLIC HEARING ON APPLICATION TO OPERATE TAXICABS IN THE CITY OF AZUSA RECOMMENDATION It is recommended that City Council conduct a public hearing; approve the application and the attached resolution authorizing the issuance of a"Certificate of Public Convenience and Necessity". BACKGROUND The City Business License Division has received an application from "Pedro Avelino Reyes Ortiz and Elvia Maribel Villegas Avila, DBA "A Crown Yellow Cab" to operate within the City of Azusa. Said application is being made pursuant to Section 82-37 of the Azusa Municipal Code (copy attached) which requires the City Council to conduct a Public Hearing and issue a "Certificate of Public Convenience and Necessity" by Resolution. A copy of the application was also forwarded to the Azusa Police Department for their review and comment as well as to process the "Driver Permits" required under Section 82-126 of the Azusa Municipal Code. At this time three other private taxicab services are licensed to operate within the city, and staff is unaware of any problems associated with this type of business. FISCAL IMPACT Applicant has paid business license and public hearing costs of$780.00. Prepared by: Andrew J. Cawte, Revenue Supervisor r RESOLUTION NO. ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE FOR THE OPERATION OF A TAXI CAB SERVICE TO "PEDRO AVELINO REYES ORTIZ AND ELVIA MARIBEL VILLEGAS AVILA, DBA A CROWN YELLOW CAB" WHEREAS, "Pedro Avelino Reyes Ortiz and Elvia Maribel Villegas Avila, DBA A Crown Yellow Cab"have filed an application to obtain a certificate of public convenience for the operation of a taxi cab service within the City of Azusa pursuant to the provisions of Chapter 82 Article II of the Azusa Municipal Code and . WHEREAS, a duly noticed public haring was held before the city council pursuant to the provisions of Section 82-68 of the Azusa Municipal Code at which time the applicant and all persons interested in the matter of the application presented evidence as to whether or not the public interest, convenience, and necessity require the issuance of the certificate applied for. NOW THEREFORE, the City Council of the City of Azusa does resolve as follows: SECTION 1. That after reviewing the application and the evidence presented at the public hearing on said application the City Council finds and determines that the public interest warrants the granting of the certificate applied for. SECTION 2. That the Revenue Supervisor is authorized to issue a certificate of public convenience to "Pedro Avelino Reyes Ortiz and Elvia Maribel Villegas Avila, DBA A Crown Yellow Cab" to operate taxicabs within the City of Azusa, subject to the condition that the applicant complies with the insurance requirements as set forth in Section 82-69 of the Azusa Municipal Code. SECTION 3. Said certificate of convenience is issued subject to the further condition that the applicants comply with all of the rules and regulations to be observed by persons operating taxi cabs within the City as set forth in Section 82-37 of the Azusa Municipal Code. SECTION 4. Said certificate of public convenience is subject further to the condition that all requirements of Chapter 82 Article II of the Azusa Municipal Code be met by the applicant and their drivers. SECTION 5. The City Clerk shall certify to the passage of this resolution and shall cause the same to be published as required by law. Passed and approved this_Day of July, 2008 Mayor 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 day of July, 2008, by the following vote of Council: ARTICLE II. TAXICABS* Page 1 of 8 ARTICLE 11. TAXICABS* `State law references: Provisions allowing local authorities, within reasonable exercise of police power, to license and regulate the operation of vehicles for hire and drivers of passenger vehicles for hire, Vehicle Code § 16501; carriers generally, Commercial Code § 2085 et seq., Public Utilities Code § 200 et seq.; financial responsibility, Vehicle Code § 16500 et seq. DIVISION 1. GENERALLY Sec. 82-36. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Certificate means a certificate of public convenience and necessity issued pursuant to division 2 of this article. Taxicab means every automobile or motor-propelled vehicle having a seating capacity of less than eight persons, excluding the driver, by means of which members of the general public are transported for hire upon any public street in the city and not over a regular or defined route and irrespective of whether the operation extends beyond the city limits or not. (Code 1971, § 5.40.010) Cross references: Definitions and rules of construction generally, § 1-2. Sec. 82-37. Operating requirements. The following shall be observed by all persons operating taxicabs: (1) Any person driving a taxicab shall wear a distinctive cap with a badge in plain sight inscribed with the name of the person to whom the certificate has been issued. (2) No taxicabs shall be operated in the city unless the undertaking provided for in section 82-69 is in full force and effect. (3) No taxicab shall remain standing upon any portion of any public street within the city, except for loading and unloading passengers and then not for a period of more than five minutes, except at such stand as may be designated by the city council. This subsection shall not apply to any taxicab while such taxicab is engaged by and being paid for by a passenger. (4) No operator or owner of any taxicab shall solicit or carry any passenger after such taxicab shall have been engaged or while in use for another passenger, without the consent of the passenger first engaging the taxicab having been first obtained. A passenger engaging such taxicab shall have the exclusive right to full and free use of the passenger compartment and the whole thereof if he desires it. (5) The operator of any taxicab shall carry any passengers engaging the taxicab safely and expeditiously to their destination by the most direct and accessible route. http://library4.municode.com/default/DoeView/10418/1/194/196 6/4/2008 ARTICLE II. TAXICABS* Page 2 of 8 (6) No person shall operate any taxicab without prepaying any license fee required by the city for the transaction of such business. (7) All taxicabs shall be kept in good mechanical condition. (8) No person shall drive a taxicab in the city without first having obtained an appropriate state driver's license and a city taxicab driver's permit, issued in writing by the chief of police as provided in division 4 of this article. (9) .No owner or operator of any taxicab shall indulge in unfair competition with competitors or shall commit any fraud upon the public or other persons engaged in the same business, and the city council shall be the sole judge of what constitutes fraud or unfair competition under this subsection. Any complaints to the council of violation of this subsection shall only be heard upon written complaint specifying the act complained of and sworn to by the complainant before a notary public or other officer authorized to administer oaths. (10) Every taxicab shall have posted in the passenger's compartment a schedule of rates and charges for the hire of the vehicle, a card bearing the driver's name and address as provided in this article and another card bearing the owner's name, address and telephone number, the cab number and the police department phone number, all contained in a small metal container or holder at least three to four inches in size and placed in a conspicuous place in the passenger compartment. (11) The driver of a taxicab shall be reasonably available to render service while the taxicab is parked at any stand designated by the city council, except while assisting passengers to load or unload or while answering his telephone. (12) No charge shall be made by any operator or owner of a taxicab lower than or in excess of the rates posted in the passenger compartment of the taxicab and approved by the city council. (13) No taxicab shall be operated unless the passenger compartment is kept in a clean and sanitary condition. (14) Every taxicab shall be equipped at all times with a standard-type fire extinguisher in good working condition. (Code 1971, § 5.40.120) Sec. 82-38. Separate number required for each cab. Under this article, every certificate holder shall designate each of his taxicabs by number, and no two taxicabs of any certificate holder shall be designated by the same number. The name or trade name of the certificate holder and the number by which the taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab and in the passenger compartment thereof. (Code 1971, § 5.40.200) Sec. 82-39. Permit and certificate nontransferable. No certificate or permit issued under divisions 2 and 4 of this article shall be transferable either by contract or operation of law without the permission of the city council having been first obtained, and any such attempted transfer shall be sufficient cause for revocation thereof. (Code 1971, § 5.40.210) http://library4.municode.com/default/DocView/10418/1/194/196 6/4/2008 ARTICLE II. TAXICABS* Page 3 of 8 Sec. 82-40. Revocation of permit or certificate. Any certificate or permit granted under divisions 2 and 4 of this article may be revoked by the city council, either as a whole or as to any car described therein or as to the right to use any distinctive color, monogram or insignia, after five days' notice to the certificate holder, requiring him to appear at a certain time and place to show cause why the certificate should not be revoked for any of the following . reasons: (1) The undertaking or insurance provided for in section 82-69 has not been given or has been withdrawn or lapsed for nonpayment of premium, or is not in force for any reason. (2) The nonpayment for any license fee provided by the schedule of license fees in this Code. (3) Failure to observe any of the rules and regulations or provisions set out in this article or in the certificate. (4) The violation of any state laws or city ordinances, by any certificate holder, operator or driver of any taxicab covered by such certificate. (5) Failure to maintain satisfactory service to the public by means of any of the vehicles described in the application or for failure to keep any such car in use for an unreasonable length of time or for failure to use the distinctive color, monogram or insignia described in the application or for deviation from the schedule of rates and fares set forth in the application. (6) Any cause which in the opinion of the city council makes it contrary to the public interest, convenience and necessity for the certificate or permit to be continued. (Code 1971, § 5.40.080) Sec. 82-41. Stands. The city council may by resolution specify stands at which taxicabs may be parked pursuant to any ordinance or law governing the parking of motor vehicles within the city and may by such resolution specify the nature and extent of the use to which such stand may be devoted. Such stand shall consist of one car space, to be marked off, painted and reserved for taxicabs only. (Code 1971, § 5.40.100) Sec. 82-42. Refusal to pay fare. No person shall refuse to pay the legal fare for the hire of any taxicab, after having hired the taxicab, with the intent to defraud the person from whom it is hired. (Code 1971, § 5.40.110) Secs. 82-43--82-65. Reserved. DIVISION 2. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY* http://Iibrary4.municode.com/default/DoeView/10418/l/194/196 6/4/2008 ARTICLE II. TAXICABS* Page 4 of 8 *Cross references: Businesses generally, ch. 18. Sec. 82-66. Required. No person shall engage in the business of providing taxicab service or of operating a taxicab upon any public street within the city without obtaining and having in good standing a certificate of public convenience and necessity to do so in accordance with this division and without complying with or having complied with all the provisions stated in this division and such certificate. (Code 1971, § 5.40.020) Sec. 82-67.. Application contents. Any person desiring to obtain the certificate required by section 82-66 shall pay a fee of $25.00 to the business license officer and make a verified application for the certificate to the city council, which application shall set forth the following: (1) The name and address of the applicant and, if the applicant is a corporation, the names of its principal officers or, if the applicant is a partnership, association or fictitious company, the names of the partners or persons comprising the association or company, with the address of each. (2) A complete schedule of the fares or rates to be charged. (3) A description of every motor vehicle which the applicant proposes to use, giving: a. Trade name. b. Motor and serial number. c. State license number. d. Seating capacity. e. Body style. (4) The street number and exact location of the place where the applicant proposes to stand each such taxicab. (5) The name of the legal and registered owner of each such vehicle. (6) The distinctive color scheme, name, monogram and insignia which shall be used on such taxicab. (7) If any proposed stand is in the public street, the application shall be accompanied by a written consent thereto of all the occupants of the ground floor of any building or lot in front of which such taxicab is to be located and for 25 feet each way therefrom or, if there is no such occupant, by the written consent thereto of the owner or lessee of such building or lot. (Code 1971, § 5.40.030) Sec. 82-68. Hearing on application. Upon receipt of any application referred to in section 82-67, the business license officer shall set http://library4.municode.com/default/DoeView/10418/l/194/196 6/4/2008 ARTICLE II. TAXICABS* Page 5 of 8 a time, not less than ten nor more than 30 days thereafter, for the hearing of the application before the city council and shall give notice of the time so set, at least five days before the date of the hearing, to the applicant, by mail, at the address set out in such application, and by publication of notice of such application and the date of hearing in a city newspaper on one day of publication. (Code 1971, § 5.40.040) Sec. 82-69. Insurance prerequisite to issuance. The application for the certificate required by this division shall indicate that the owner has procured and paid in advance the annual premium upon an insurance policy and shall submit a copy of such insurance policy prior to being granted a permit to operate in the city. The policy of insurance shall evidence insurance of all vehicles and substitute vehicles in use, and the owner and the driver of each of the taxicabs which the owner will operate in the city must be insured against liability for injury to any person as the result of ownership, operation or use thereof. The insurance policies must remain in full force and effect and must meet the following minimum requirements for each vehicle listed on the application: (1) The policy of insurance for each vehicle listed in the application must be issued by a carrier licensed by the state department of insurance to sell commercial automobile liability in the state and be a member of the state insurance guarantee fund, with a minimum A. M. Best rating of B+VII or a comparable rating applicable to insurance companies as stated from time to time by Standard and Poors, Moodys' or Fitch Investors Services for insurance rating purposes. (2) The policy shall contain policy limits of not less than $300,000.00 combined single limit per occurrence or limits of not less than $100,000.00 per person, $300,000.00 per accident, and $50,000.00 for property damage. Such insurance may include a property damage deductible not greater than $2,500.00 per occurrence. (3) The policy shall name the city, its city council and its officers, agents and employees as additional insured and shall be primary to and not contributing to any other insurance maintained by the city. (4) The policy shall provide for written notice to be submitted to the city 30 days prior to any cancellation or modification of the policy. (5) A certificate of insurance which conforms to the provisions of section 82-69 shall be attached to every application for a taxicab permit pursuant to this division. Upon approval of the application, a copy of the additional insured and cancellation endorsements required by subsections (3) and (4) of this section shall be filed with the city within 30 days of the date the application is approved. (Code 1971, § 5.40.070; Ord. No. 92-035, § 1, 11-2-92) Sec. 82-70. Issuance. At the time set for the hearing of the application for the certificate required under this division, the city council may examine the applicant and all persons interested in the matter set forth in the application and shall determine whether or not the public interest, convenience and necessity, require the issuance of the certificate applied for. If it is found by the council that the public interest, convenience and necessity require the issuance of the certificate applied for, it shall by resolution order the business license officer to issue a certificate in accordance with the application, subject to the filing and approval of an undertaking as provided in this article and subject to such conditions as may be imposed by the resolution, including the minimum and maximum number of vehicles that may be used. http://Iibrary4.municode.com/default/DocView/10418/l/194/196 6/4/2008 ARTICLE II. TAXICABS* Page 6 of 8 (Code 1971, § 5.40.050) Sec. 82-71. Denial. Any of the following reasons shall be sufficient for denial of the certificate required under this division: (1) The application is not in the form and does not contain the information required to be contained therein by this division. (2) The vehicles described therein are inadequate or unsafe for the purposes for which they are to be used: (3) The color scheme, name, monogram or insignia to be used upon such vehicles is in conflict with or imitates any color scheme, name, monogram or insignia used by any person in such manner as to be misleading or tend to deceive or defraud the public. (4) The location of the taxicab stand is such as to congest or interfere with travel on any public street or that the proposed stand is within 300 feet of any other stand therefor fixed by the city council on the same street. (5) The applicant has, at some prior time, had such a certificate revoked for cause. (6) It shall appear to the city council that there are a sufficient number of taxicabs and automobiles for hire in the city to fully serve the public and that the granting of more certificates would unduly congest the traffic and interfere with the free use of the public streets by the public and that the public interest, convenience and necessity do not require the issuance of such certificate. (Code 1971, § 5.40.060) Sec. 82-72. Application for permission to change. If any holder of a certificate required under this division desires to change his schedule of rates and charges or the color scheme, name, monogram or insignia used on such taxicab or to increase or decrease the number of vehicles used by him as taxicabs, he shall make application for permission to do so from the city council. Permission shall be granted if, in the discretion of the city council, it deems the public interest, necessity and convenience will be served by the change and if the certificate holder has complied with this article. If the substitution of any vehicle for a vehicle occurs, the certificate holder shall, prior to or immediately upon such substitution, notify the business license officer thereof in writing giving the required description of both the former and the new vehicles. (Code 1971, § 5.40.090) Secs. 82-73--82-95. Reserved. DIVISION 3. LICENSE* *Cross references: Businesses generally, ch. 18. http://library4.municode.com/default/DocView/10418/1/194/196 6/4/2008 ARTICLE II. TAXICABS* Page 7 of 8 Sec. 82-96. Required. No person shall solicit or pick up passengers for pay within the city for transportation in any cab, taxicab, automobile, station wagon or bus not licensed by and carrying a certificate to do so from and by the city council, excepting only buses operating under authority of the public utilities commission. (Code 1971, § 5.40.130) Secs. 82-97--82-125. Reserved. DIVISION 4. DRIVER'S PERMIT* *Cross references: Businesses generally, ch. 18. Sec. 82-126. Required; fee. (a) No person shall drive or operate a taxicab in the city without first obtaining a permit in writing to do so from the chief of police. Any person desiring to obtain such driver's permit shall make a written application therefor to the chief of police, accompanied by a fee of$10.00. (b) No permit shall be issued to any person: (1) `Under the age of 18 years; (2) Not a lawful resident of the United States; (3) Who has been convicted of a crime involving moral turpitude; who, within a period of two years immediately preceding such application, has been convicted of reckless driving or driving a vehicle upon a highway while under the influence of intoxicating liquors or drugs or convicted of the violation of any of the Alcoholic Beverage Control Act _ of the state (Business and Professions Code § 23000 et seq.); or (4) Who is for any reason.whatsoever unable or incompetent to safely handle such automobile. (c) Each such applicant shall demonstrate his skill and ability to safely handle his vehicle in driving it through the crowded sections of the city accompanied by an inspector designated by the chief of police. (d) No driver's permit shall be granted to any person who is not of a good moral character or who cannot speak the English language or who does not hold a valid driver's license issued by the state motor vehicle department or who is not sufficiently acquainted with the laws or ordinances regulating the operation of motor vehicles. (e) Any falsification on the application for the permit will be grounds for the refusal of the permit. (Code 1971, § 5.40.140) http://Iibrary4.municode.com/default/DoeView/10418/1/194/196 6/4/2008 ARTICLE II. TAXICABS* Page 8 of 8 Sec. 82-127. Photograph and fingerprinting of applicant required. Before a permit is granted to any applicant under this division, the applicant shall present himself to the police department, furnish an acceptable photograph and be fingerprinted, and such photograph and fingerprints shall be filed with the permanent records of the police department. (Code 1971, § 5.40.150) Sec. 82-128. Identification card required. Upon obtaining the permit required by this division, the driver or operator shall at all times keep posted in full view in the vehicle operated by him an identification card not less than four inches by six inches in size, furnished by the chief of police, which shall have plainly printed thereon the name of the driver or operator, his business address and telephone number, his permit number and his photograph. (Code 1971, § 5.40.160) Sec. 82-129. Expiration. All permits issued pursuant to this division to operate a taxicab shall expire one year from the date of issue. Applications for renewal shall be made within 30 days before the date of expiration of the permit. If so made within the period prescribed, such renewal shall be made without charge. The permits are personal and not transferable. (Code 1971, § 5.40.170) Sec. 82-130. Revocation. The chief of police may revoke or suspend any taxicab driver's permit so issued for any violation of this article by the holder of such permit or for the existence of any state of facts which would have been a good reason for denying such permit when applied for, whether such state of facts existed at the time application was made for such permit or came into existence thereafter. (Code 1971, § 5.40.180) Sec. 82-131. Appeal. For refusal, revocation or suspension of any taxicab driver's permit by the chief of police, the applicant or permittee may appeal from the decision to the city council, which may in its discretion affirm, reverse or modify the rule made by the chief of police. (Code 1971, § 5.40.190) http://Iibrary4.municode.com/default/DoeView/10418/l/194/196 6/4/2008 � U � gUPpR�� CITY COUNCIL AGENDA ITEM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KURT CHRISTIANSEN, ECONOMIC/-COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, CITY MANAGER /j V DATE: JULY 21, 2008 SUBJECT: CONSIDERATION OF A $25,000 AMENDMENT TO THE CDBG ECONOMIC DEVELOPMENT LOAN ("EDLP")FOR JAKE'S HOT DOGS AND SAUSAGES, 246 NORTH AZUSA AVENUE. RECOMMENDATION It is recommended that the Azusa City Council deny the$25,000 EDLP loan amendment request of Jake's_Hot Dogs and Sausages ("Jake's"). EXECUTIVE SUMMARY Jake's requires working capital funding to continue operations at their current facility as previous funding commitments from outside sources have been suspended. The$25,000 loan amount request coupled with previous City assistance provided to Jake's would equal $130,000 or 60.6% of the total project costs. The EDLP Loan Committee reviewed the loan request and recommended denial to the City Council of Jake's EDLP loan amendment. BACKGROUND The Program: The Economic Development Loan Program ("EDLP") was adopted by the City Council with the approval of Resolution No. 07-C73 on August 6,20'07. The loan program was designed to create and retain jobs for individuals from low- and moderate-income houseolds by encouraging the development of new retail busindsses, full service restaurants and the retention of existing businesses within the EDLP Downtown Azusa Target Area. The program is funded through the Community Development Block Grant("CDBG")program and all applicants must comply with all applicable US Department of Housing and Urban Development("HUD"), County of Los Angeles, and EDLP regulations. Program guidelines call for a five percent(5%)interest rate. Applications are reviewed and approved on a first-come first-serve basis. Honorable Mayor and Members of the City Council July 21. 2005 lake's EDLP Loan Amendment Request Page 2 of 2 The Applicant: Jake's Hot Dogs & Sausages Jake's submitted an application for an amendment to their EDLP loan on June 24,2008 for$25,000.Jake's started as a catering business for specialty events in early 2006,and prepares specialty hot dogs and sausages for large civic events,and corporate and private parties. Jake's provides a wide array of specialty hot dogs and sausages along with refreshments and side dishes. The applicant intends to use the loan proceeds for operating capital. Jake's was previously awarded an EDLP loan in October of 2007 in the amount of$80,000 for tenant improvements and a $25,000 Fargade Grant in the Spring of 2006. If an EDLP loan amendment in the amount of$25,000 were to be approved by the City Council,then 60.6%of the construction and working capital costs required would be financed by the City of Azusa, and that the applicant will contribute 39.4% of the project costs. Application Process The Economic Development Loan Committee("BDLC")comprised of Alan Kreimeier,Director of Administrative Services/CFO,Kurt Christiansen,AICP,Economic/Community Development Director,and Joseph F.Hsu,Director of Utilities reviewed Jakes' application on July 16,2008 and recommended denial of the EDLP loan amendment to the City Council for the following reasons: 1) The loan would have no collateral as the City has previously collateralized the fixtures and equipment;2)Staff was unable to ascertain the financial stability of Jake's in relation to their ability to continue operations during the EDLP loan period; 3) Operating costs or impediments were not identified to justify the requested amount of funding; and 4) The total City assistance, at 60.6%of project costs,if this loan request were approved would put the City in the position of being the majority equity partner with no return for the capital provided and substantial risk. The EDLC recognizes that the City Council could approve Jakes' loan request and made the following recommendations should the City Council be so inclined: 1) A recommendation that Jake's secure other supplemental funding sources and that EDLP funds be provided on a matching basis only after supplemental funds have been expended; and 2) The City disperse funds for expenditures incurred subsequent to the EDLP loan amendment approval. The Economic Development Loan Program was budgeted with$70,000 for fiscal year 2008-09. Approval of a loan amendment to Jake's for $25,000 would leave $45,000 remaining. If a business that has an EDLP loan ceases to operate,the City may be obligated to repay the loan amount from the General Fund to the Los Angeles Community Development Commission("LACDC"), which administers the CDBG Program. FISCAL IMPACT The Economic Development Loan Program was budgeted with$70,000 for fiscal year 2008-09. The recommended action has no fiscal impact. � N U CITY OF AZUSA MINUTES OF THE CITY COUNCIL REGULAR MEETING TUESDAY,JULY 8,2008—6:30 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. CLOSED SESSION Closed Sess The City Council recessed to Closed at 6:31 p.m.to discuss the following: Recess 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION(Gov.Code Sec.54957) City Mgr Title: City Manager Evaluation - 2. REAL PROPERTY NEGOTIATIONS(Gov.Code See.54956.81 Real Prop Neg 9' Property Address: 190 W. "Street 190 W.91"St. Negotiating Parties: Foothill Drug Agency Negotiators: Assistant City Manager Makshanoff Under Negotiation: Price and Terms of payment 3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION(Gov.Code Sec. Conf w/legal 54956.9(a)). Case No.KC051952-G,City of Azusa v.Senior Care Partnership LP and Century Cnsl . Quality Management(Villa Azusa Senior Apartments). The City Council reconvened at 7:30 p.m. City Attorney Hull advised that there was no reportable action Reconvened taken in Closed Session. City Attorney Mayor Rocha called the meeting to order. Call to Order Messrs.Michael Mufloz and Brandon Avalos of the Munoz Family led in the pledge to the Flag. Flag Salute INVOCATION was given by Pastor Theresa Babbit of Azusa House of the Nations Invocation ROLL CALL Roll Call ' PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA ABSENT: COUNCILMEMBERS: NONE ALSO PRESENT: Also Present City Attorney Hull, Assistant City Manager Makshanoff, Police Chief Garcia,Public Information Officer Quiroz, Library Director Tovar, Assistant City Librarian Shahsavari, Director of Public Works/Assistant City Manager Haes, Economic and Community Development Director Christianson, Tierra West Consultant Ometeotl,City Clerk Mendoza,Deputy City Clerk Toscano. PUBLIC PARTICIPATION Pub Part Mr. Cory Baker of Boy Scout Troop 440, addressed Council stating that he is working on a community C.Baker project to cam his community merit badge which is to view a Council debate and/or dispute to see how it is Comments resolved. He responded to questions posed regarding his project completion. Mr.Mike Lee addressed Council commenting on the following: Senior Volunteer of the Month Art West, M.Lee 4" of July celebration and Veterans honored, City Hall on the Move, and Councilmember Gonzales Comments accomplishments. - Ms.Peggy Martinez thanked all who participated in the 4'of July Banner Program,noting sponsorship for P.Martinez banners is $90; she talked about the dedication by volunteers and Veterans who helped post 65 yellow Comments ribbons;for additional information regarding the program call:8125818. Mr. Jorge Rosales addressed Council regarding the street sweeping program stating that as a Planning J.Rosales Commissioner he has received many complaints about the timeframe of the sweeping, i.e. ten hour no Comments parking;street sweeper usually comes in the morning and the parking is not allowed for the rest of the day. He stated that as a member of the RV Committee they recommended'/,day no parking on each side of the street;he request the hours be reduced from 7am-12 noon. Ms.Maricela Cueva,President of Sister City Program,thanked Council for their continued support of the M.Cueva Youth Exchange Program; she advised that although Azusa would not be sending youth to Zacatecas this Comments year it would be receiving kids from Zacatecas on Friday, July I la, who would stay in Azusa until July 21". She thanked the host families and volunteers and invited Council to events on Saturday at 7 p.m. Sister City House, Orientation and on Wednesday July 16'"at Zacatecas Park for Tree Planting at 6 p.m. She stated that 8 kids and 2 adult chaperons will be coming and there will be an Azusa Adult Exchange in - September. REPORTS,UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Rpts/Updates NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN of City Board and Commission term of office expirations,ending Announcement September 30,2008,for the following: Board& Commission 1 position Cultural and Historical Preservation Commission - Term of Office 2 positions Human Relations Commission Expirations 2 positions Library Commission 1 position Park&Recreation Commission 1 position Planning Commission Applications are available in the City Clerk's Office and City Manager's Office, 213 East Foothill Boulevard,City Library,729 N.Dalton Avenue,Light& Water Department,729 N.Azusa Avenue,Police Department, 725 N. Alameda, Azusa, and at: www.ci.azusa.ca.us for interested residents. Applications will be accepted through August 28,2008. For further information please call:(626)812-5233. Discussion regarding street sweeping services. Director of Public Works/Assistant City Manager Haes T.Haes stated that he met with Athens Services regarding sweeping with no water,on the wrong side of the street, Discussion on the wrong days, and they will be narrowing down the hours and have provided new schedules with six Re: Street hour windows:7-1 and 11-5,with a two hour overlap,which will be implemented next week.He responded Sweeping to questions posed regarding signage,notice to residents,warning citations,maps/zones to determine times, and spraying of water by trucks. Mr. Jay Falor, General Manager of Athens Services provided a photograph of trucks spraying water and stated it is a fine mist that is designed keep the dust down; he responded to questions posed. Mayor Pro-Tem Carrillo thanked all for their well wishes after his surgery, and he commended Police Carrillo Department for an excellent job on the 4"of July. Comments Councilmember Gonzales thanked all for buying tickets for the Wine Tasting event tomorrow and Gonzales expressed thanks to Lenore Gonzales and Heath Hamilton for the event. He announced the 5016 Comments Anniversary of the cities of Irwindale and South EI Monte,who have invited Council to their event. Councilmember Macias questioned the status of clean up of weeds on First street,Citrus,and Cerritos;and Macias the painting of the bridge at Foothill and Orange. He thanked Sister City Committee for continuing the Comments tradition; thanked City Management for the restoration of the entry monument at Azusa and Arrow and staff for the flyers regarding Slauson Park pool;he congratulated Finance staff for attaining the GFOA. Assistant City Manager Makshanoff responded to questions that estimated cost to paint bridge is$30,000, J.Makshanoff logo $16,000, and there is a need to communicate with railroad and return with a RFP; at this time they Comments enter that area to remove graffiti. He stated that they are also working on the RFP for beautification of the on/off ramps. Mayor Rocha asked that the meeting be adjourned in memory of Guadalupe Munoz; congratulated Jimmy Rocha Carmona for graduating from Foothill without missing a day of school; announced Relay for Life event Comments will be on Saturday, July 12a; Saturday,July 19"plant planting event at Sierra Madre and San Gabriel; thanks to Peggy Martinez and all who volunteered for the Banner Program;honored Ricardo Esparza home from Afghanistan,success of Citrus Crossing;announced City Links this Fall and solicited projects for the events. 07/08/08 PAGE TWO SCHEDULED ITEMS Sched Items CONTINUED PUBLIC HEARING — RESOLUTIONS ADOPTING 2008/09 FISCAL YEAR Cont Pub Hrg SCHEDULE OF FEES AND CHARGES. Moved by Councilmember Gonzales, seconded by Fees&Charges Councilmember Hanks and unanimously carried to continue the Public Hearing to the meeting of July 2l, Continued to 2008. 7/21 PUBLIC HEARING - APPEAL OF USE PERMIT UP-2007-07 AND VARIANCE V-2007-08, Pub Hrg PLANNING COMMISSION DENIAL TO ALLOW TIM CONSTRUCTION OF A 55 FOOT HIGH Appeal UP&V STEALTH WIRELESS TELECOMMUNICATIONS FACILITY, WITH A VARIANCE TO ALLOW Wireless Tele THE HEIGHT OF THE FACILITY TO EXCEED THE 50 FOOT MAXIMUM HEIGHT FOR CO- Com Facility LOCATABLE TELECOMMUNICATION FACILITIES. Economic and Development Director Christianson presented the appeal and detailed the actions that have K.Christianson taken place: on March 6th Reliant Land Services representing T-Mobile applied for a Use Permit and Comments Variance to construct a new 55 foot freestanding telecommunications facility; on April 30'" the Planning Commission denied that request, and on May 20'" the applicant appealed the decision. He stated that the facility would be constructed at a shopping center at Gladstone Street and Azusa Avenue and it requires a variance to allow the additional five feet in height to exceed the maximum allowable height of 50 feet;the proposed lease area for the facility is 420 square feet and is located at the rear of the shopping center. He stated that the Planning Commission voiced concerns over the proposed location of the facility and efforts to locate it on publicly owned property. The Mayor declared the Public Hearing open. The City Clerk read the affidavit of proof of publication of Hrg open notice of said hearing published in the Azusa Herald on June 26th. Ms. Lucy Ortega, Representing T-Mobile, addressed the Hearing stating that they had proposed the L.Ortega wireless facility,a 55 foot high mono broad leaf tree at 273 East Gladstone Street; she presented pictures Comments with various designs, noting how the one presented blends with existing trees. She stated that they were denied due to not seeking publicly owed property to place the tower and that they looked at Gladstone Park,but it wasn't within the coverage objection that T-Mobile was looking for,there were coverage gaps, and the shopping center located met with design, location,size and ordinance development standards,and noted it would be a value to residents in the areas with regard to making 911 call,etc. Mr. Robert Donnelson addressed the Hearing stating that his is not against or in favor but objects to R.Donnelson residents being disregarded, in the simulated photos there were none taken from the north side of the street Comments and homes/residents in that area will be most affected by the tower. Ms. Jane Norine, representing T-Mobile, addressed the Hearing thanking staff for their cooperation and J.Norine stated that they have worked hard to meet the needs of residents in the community. Comments Question and answer session ensued between the Applicant, Councilmembers and staff regarding the Questions/ density,bark,antenna,socks,view of branches,the need for a variance,use permit,pole location and other Answer locations. Moved by Mayor Pro-Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried to Hrg Closed close the Public Hearing. Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,APPROVING Res.08-055 USE PERMIT UP-2007-07, A REQUEST TO ALLOW THE CONSTRUCTION AND USE OF A Appvg UP TELECOMMUNICATIONS FACILITY,LOCATED AT 273 E.GLADSTONE STREET,AZUSA. Tele Facility 273 E.Gladstone Moved by Councilmember Hanks, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: Councilmember Hanks offered a Resolution entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,APPROVING Res.08-056 VARIANCE V-2007-08, A REQUEST TO ALLOW THE CONSTRUCTION AND USE OF A Appvg Var TELECOMMUNICATIONS FACILITY,LOCATED AT 273 E.GLADSTONE STREET,AZUSA. Tele Facility 273 E.Gladstone Moved by Councilmember Hanks, seconded by Councilmember Gonzales to waive further reading and adopt. Resolution passed and adopted by the following vote of the Council: AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: COUNCILMEMBERS:NONE ABSENT: COUNCILMEMBERS:NONE 07/08/08 PAGE THREE • The CONSENT CALENDAR consisting of Items D-1 through D-12 was approved by motion of Mayor Consent Cal Pro-Tem Carrillo, seconded by Councilmember Gonzales and unanimously carried with the exception of Approved items D-3,4,and 9,which were considered under the Special Call portion of the Agenda. 1. - The minutes of the regular meeting of lune 16, 2008, and the special/adjourned meetings of May Min appvd 27d`,June 2P and June 26",2008,were approved as written. Councilmemers' Hanks and Gonzales abstained from the minutes of June 26"as they were not in attendance at the meeting. Mayor Pro- Tem Carrillo abstained from the minutes of June 23rd as he was not in attendance. 2. Human Resources Action Items were approved as follows: HR Action Items Merit Increase and/or Regular Appointments: M. Bertelsen, J. Landa, J. Poulos, B. Hale, and M.Bowman. New Appointment: D. Bobadilla, Principal Civil Engineer and J. Picazo, Water Distribution Worker I. 3. SPECIAL CALL ITEM. Spec Call 4. SPECIAL CALL ITEM. Spec Call 5. Matrix Software Annual Maintenance And Support Contract. Formal sealed bids were waived in Matrix Software accordance with Azusa Municipal Code Section 2-523 section B, computer software maintenance Annual Maint services and 2-523 section C, no competitive market and the software maintenance and support &Support contract from Matrix Imaging,in the amount of$16,834.00,was approved. Contract 6 . Motorola Mobile Computer Display Software Maintenance Contract. Formal sealed bids were Motorola Mobile waived in accordance with Azusa Municipal Code Section 2-523 section B, computer software Computer Dis maintenance services and 2-523 section C,no competitive market and the software maintenance and Service Contract support agreement from Motorola Inc,in the amount of$21,752 was approved. 7. Novell Software Annual MaintenanceandSupport and Licensing.Formal sealed bids were waived Novell Software in accordance with Azusa Municipal Code Section 2-523 section B,computer software maintenance Annual Maint services and approval was given for software maintenance support and licensing from CDW-G, in Svs Contract the amount of$18,836. 8. Sirsi Library Computer Software Annual Maintenance Contract. Formal sealed bids were waived in Sirsi Lib Comp accordance with Azusa Municipal Code Section 2-523 section B, computer software maintenance Annual Maint services and 2-523 section C,no competitive market and approval was given for the annual software contract maintenance and support agreement from SIRSI Corporation,in the amount of$23,136.62. _ 9. SPECIAL CALL ITEM.- Spec Call 10. Purchase Of New Digital Document Imaging Center. Approval was given for the issuance of a Purchase Digital Purchase order in an amount not to exceed $15,609 to Konica Minolta Business Solutions of Document Anaheim, CA,for the purchase of a Konica Minolta BizHub 750 digital document imaging center, Imaging center under the provisions of A.M.C. Section 2-523 (e), competitive bidding already completed Konica Minolta (California Multiple Award Schedule(C.M.A.S.)Contract number 3-02-36-0052A.) 11. Agreement Renewal With LA WORKS For Fy 2008/09. Approval was given and the City Agmt w/LA Manager was authorized to execute the agreement with LA Works for Fiscal Year 2008/09 WORKS in an amount not to exceed$31,338. 12. The following resolution was adopted and entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN Res.08-058 CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants ARE TO BE PAID. SPECIAL CALL ITEMS Special Call Mayor Rocha addressed the Treasurer's Report thanking and expressing appreciation to the City Treasurer Rocha Marcene Hamilton for her great work and announced that interest earned from investments as of July 1, Comments 2008,is$3,170,130.85. Moved by Councilmember Hanks, seconded by Councilmember Macias and unanimously carried to Treas Rpt receive and file the City Treasurer's Report as of May,31,2008. Councilmember Gonzales addressed the purchase of a%ton van for the Library asking about the difference Gonzales in cost between the$44,000 and the$49,000. Library Director Tovar responded stating that the difference Comments had to do with the weight of the vehicle,the higher amount was for a 1 ton van and the other for a 3/.ton van;he stated the one selected would not be transporting heavy items. 07/08/08 PAGE FOUR Moved by Councilmember Hanks, seconded by Councilmember Macias and unanimously carried to Pur Dodge ' approve the purchase of a 2008 Dodge Sprinter 3/4 ton van, under the provisions of Section 2-523 (d) Sprinter Bidding Process Already Completed,of the Azusa Municipal Code,and authorization was given to issue a Library Purchase Order to Hunter Dodge,Chrysler,Jeep of Lancaster,CA,in an amount not to exceed$44,878.38. Councilmember Hanks addressed the proposed resolution regarding opposition to conversion of HOV tan es Hanks to HOT lanes on the 210 and 10 freeways; he read comments into the record which,among other things, Comments consisted of the theory behind the HOV-HOT lane conversion and MTA beliefs. He read the following good things about MTA proposal: there is $214 M in Federal Grant Money available for this; there are - knowledgeable people whose input makes this worth discussing and the current freeway system really is dysfunctional. The following are the bad things about the MTA proposal: in order to obtain Federal Grant money the Legislature must approve congestion pricing by October;there will not be a plan developed by October, we would be accepting this blindly at this time;a one year trail is proposed,but no escape clause is provided if we decide that we don't like this at the end of the first year. and there is no alternative to using the HOT lane offered to us by the MTA. The funding for the Gold Line,which is our preferred way _ of taking cars off of the freeway has been taken out of play for at least a year. He recommended adoption of the resolution opposing the conversion of HOV to HOT lanes with the following added to Section l: "Unless an alternative means of traffic reduction is provided by funding the extension of the Gold Add to Line Foothill Extension through Azusa to the amount necessary to provide a 20% local match, Resolution allowing the Construction Authority to apply for an 80% Federal match bringing an additional $320 Million to increase local transit options, and construct a necessary light rail system to the San Gabriel Valley." Councilmember Hanks offered a Resolution,as amended,entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA DECLARING ITS Res 08-057 OPPOSITION TO THE CONVERSION OF EXISTING HIGH OCCUPANCY VEHICLE(HOV)LANES Opposing TO HIGH OCCUPANCY TOLL(HOT)LANES ON THE I-210 AND I-10 FREEWAYS. Conversion HOV to HOT Moved by Councilmember Hanks, seconded by Councilmember Maciastowaive further reading and Lanes 210& adopt. Resolution passed and adopted by the following vote of the Council: 10 freeways AYES: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA NOES: COUNCILMEMBERS:NONE ABSENT: COUNCILMEMBERS:NONE THE CITY COUNCIL RECESSED AND REDEVELOPMENT AGENCY CONVENED AT 9:02 Convene CRA P.M.THE CITY COUNCIL RECONVENED AT 9:12 P.M. _ Cncl Rec Councilmembers congratulated Max's Restaurant on the successful move into the downtown area and Comments Mayor Rocha talked about the success of the Foothill Shopping m Center. Cncl It was consensus of Councilmembers to adjourn in memory of Guadalupe Munoz. Adjourn in Memory of G.Munoz UPCOMING MEETINGS: Upcoming July 21,2008,City Council Meeting-6:30 p.m.(Auditorium) Meetings July 28,2008,Utility Board Meeting-6:30 p.m.(Light and Water Conference Room) August 4,2008,City Council Meeting-6:30 p.m.(Auditorium) TIlVIE OF ADJOURNMENT: 9:12 P.M. CITY CLERK NEXT RESOLUTION NO.2008-C!59. NEXT ORDINANCE NO.2008-010. J7/08/008 PAGE FIVE _ c'94FO.RTrP CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/ PERSONNEL OFFICER VIA: F.M. DELACH, CITY MANAGERv DATE: JULY 21, 2008 SUBJECT: HUMAN RESOURCES ACTION ITEMS RECOMMENDATION It is recommended that the City Council approve the following Personnel Action Requests in accordance with the City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s). BACKGROUND On July 8,2008,the Personnel Board confirmed the following Department Head recommendations regarding the following Personnel Action requests. A ASF.,ANPtQR.RFQjULAR APPOINT EN EPARTMENT' NAME 'CLASSIFICATION11 1*- CTION/. NGE/STEP f; ` .- J '�. -i✓ '` �. .' 1. C:Vf f�I/ �..+i RFS lie'n`'ore%� `u Reoreahon' ` ` ent ne �j� ��'�J Il o., s �C ordinator3� 7-03,200 a Ol J2ecrea ion-Su pervisor Ment Inc 197/3 `x/ Ol ,20Q$ $5 125 31. FS �j a., L`avez Recreation ent Inc 7;01„2068 $6 4,4.2 22_ 7m W' , ;, t Robertoti�et 1Vlamtenance +RegAppt/ '4f53%2"� F . ,” rNocla .VSer I rse rt �", / �r �{J;per 11] pY Ment Ina $3;273 85 _ {f'-wl/ 34 �� c!f " lef. .✓..F' / i t r`1 ,Y�r�c�Nn K. .✓ �:..- / ...� r �. rr �. .fes200,8A B. NEW APPOINTMENT: The following appointments have been requested by department heads pursuant to the Rules of The Civil Service System. DEPARTMENT NAME CLASSIFICATION EFFECTIY RANGE/STFP B ASE MO.SALARY; 'APD".y, r 'Maria Vega` Poli eFbispatcher" ot ;�Pendmg' Physical & $3;489 35; }� `� A f f ' e�i rliits le j t 4oan Gasca-�T.olice Records Pendm "!*or 9160/1 Specialist I FPhysical & $2,7--1 40 l .t ... Fine ants .. T..F... F. SEPARATION: The following separations are submitted for informational purposes. DEPARTME_NT NAME CLASSIFICATION EFFECTIVE DATE UTL Michelle Hall Office Specialist II 07/15/2008 PD Tenika Doyle Police Dispatcher 07/08/2008 FISCAL IMPACT There is no fiscal impact, as positions listed are funded in approved department budgets. 7) A U CONSENT CALENDAR TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOE JACOBS, DIRECTOR OF RECREAATIION AND FAMILY SERVICES VIA: F. M. DELACH, CITY MANAGER /* DATE: JULY 21, 2008 SUBJECT: AUTHORIZE THE NOTICE OF COMPLETION OF THE SAN GABRIEL CANYON GATEWAY CENTER LANDSCAPING PROJECT AS COMPLETED BY AMIGOS DE LOS RIOS IN THE AMOUNT OF $359,793.00 AND AUTHORIZE STAFF TO FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY CLERK. RECOMMENDATION: It is recommended that the City Council approve filing of the Notice of Completion for the San Gabriel Canyon Gateway Center Landscaping Project as completed by Amigos de los Rios in the amount of$359,793.00 and authorize staff to file the Notice of Completion with the Los Angeles County Clerk. BACKGROUND: On Monday, January 7, 2008, City Council authorized Notice of Completion on Phase I of the San Gabriel Canyon Gateway Center Project (Building) and on January 22, 2008, authorized'a grant agreement between the City of Azusa and the Rivers and Mountains Conservancy in the amount of $293,283.00. This grant was augmented by residual funding in Phase I of the project which assisted in the establishment of the$360,000 budget for Phase 11,the Landscaping Project. The project began construction on February 11, 2008 and concluded on July 18,2008. The project was completed by Amigos de los Rios who were responsible for the design, construction and management of the project utilizing at risk youth from the San Gabriel Valley California Conservation Corps. FISCAL IMPACT: The project was fully funded in the 2008-2009 CIP Budget and funds were currently held in account #22-80-000-420/42003) specifically for that purpose. 08-079 RECORDING REQUESTED BY AND WREN 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. hat1. 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. (IF OTHER THAN FEE.STRIKE-IN FEEAND INSERT,FOR EXAA94E-PURCHASER UNDER CONTRACT OF PURCHASE',OR-LESSEE. 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 July 18,2008. 8. The name of the contractor,if any, for such work of improvement was: Amigos de los Rios—Landscaping Improvements. (IFNOCONTRACTORFORwO OFF. ovF WASAWHOIE,INSFAIT"NONE- )DATE OF CONTRACT) 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:The San Gabriel Canyon Gateway Center. 10. The street address of said property is 1950 N.San Gabriel Canyon Rd., Azusa. Joe Rocha, Mayor Dated: 7/21/08 (SIGNATURE OF OWNER OR CORPORATE OFFICER OF OWNER NAMED IN PARAGRAPH T OR HIS AGENT) VERIFICATION I,the undersigned,say:I am the the declarant of the foregoing notice of completion; ('PRESIDENT OF".'MANAGER OF., PARTNER 01`,'OWNER OF',ETC) I have read said notice of completion and know the contents thereof;the same is true of my own knowledge. 1 declare under penalty of perjury that the foregoing is true and correct Executed on at (CITY') (STATE) (PERSONAL SIGNATURE OF THE RNIWMD WHO IS SWEARMG THAT THE CONTENTS OF THE NOTICE OF COMPLETION ARE TRUE) CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: F. M. DELACH, CITY MANAGER/ FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES DATE: JULY 21, 2008 SUBJECT: INDEMNITY AGREEMENT WITH COVINA IRRIGATING COMPANY (CIC) REGARDING RESOLUTION CONSENTING TO CIC'S USE OF EMINENT DOMAIN TO ACQUIRE A PERMANENT 10-FOOT WIDE EASEMENT AND A TEMPORARY 25-FOOT WIDE CONSTRUCTION AND INSTALLATION EASEMENT, BOTH APPROXIMATELY 400-FEET IN LENGTH, TO CONSTRUCT AND INSTALL A WATER PIPELINE ON PRIVATE PROPERTY WITHIN THE CITY LIMITS RECOMMENDATION Should the City Council adopt the resolution consenting to CIC's use of eminent domain to acquire two easements on private property owned by the Crystal Canyon Homeowners Association and/or Crystal Canyon Homeowners, it is recommended that the City Council: (1) Approve attached Indemnification Agreement between the City of Azusa and Covina Irrigating Company (CIC); and (2) Authorize the City Manger to execute the Indemnification Agreement subject to any non- substantive changes approved by the City Attorney's office. BACKGROUND As part of its July 21, 2008, meeting agenda, the City Council is considering approval of a resolution to consent to CIC's use of eminent domain to acquire two easements on private property within the City of Azusa located at the Crystal Canyon Condominium Complex situated between Ranch Road and San Gabriel Canyon Road, north of Sierra Madre Avenue. Should the City Council approve the resolution consenting to CIC's use of eminent domain to acquire the easements identified in the resolution, it is recommended that the City enter into the attached Indemnity Agreement with CIC to protect the City from any suit relating to the resolution. Pursuant to the Indemnity Agreement, CICagrees to defend, indemnify and hold harmless the City, its officials, officers, employees, consultants and agents from any claim, action or proceeding to attack, set aside, void or annul the City's adoption of the resolution consenting to CIC's use of eminent domain. In addition, the Indemnity Agreement protects the aforementioned individuals from any suit regarding the issuance of any permit, license or entitlement, or related decision, or the adoption of any environmental document or exemption connected with the proposed resolution. FISCAL IMPACT None. Prepared by: Marco A. Martinez, Assistant City Attorney Cary Kalscheuer, Assistant to the Director of Utilities Attachment Indemnity Agreement Agreerrent.DOC Page 2 of 2 INDEMNIFICATION AGREEMENT COVINA IRRIGATING COMPANY-REQUEST FOR CONSENT TO PROPERTY ACQUISITION PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE,SECTION 1245.310 ET SEQ. This INDEMNIFICATION AGREEMENT ("Agreement") is made this_ day of 2008, by and between the CITY OF AZUSA, a California municipal corporation ("City") and the Covina Irrigating Company, a California non-profit, mutual water company ("CICO"). City and CICO are sometimes hereinafter referred to collectively as the "Parties." RECITALS A. CICO is a California non-profit, mutual water company that maintains pipelines and easements within the City of Azusa to enable it to provide potable water on a wholesale basis to a population in excess of 100,000 customers. B. As part of CICO's plans for modernizing and improving the delivery capacity of its water systems, including improvements to the operation of an existing open water canal, CICO has embarked on a modernization program that provides for the replacement of the open portions of the canal with underground pipeline(s). C. Portions of the underground pipeline are being installed by a developer that has obtained entitlements from the City to construct a master planned mixed-use residential community on the former Monrovia Nursery site ("Project"). D. As part of the Project, the developer will design and construct an underground pipeline through the Project and on a portion of Sierra Madre Avenue, just east of San Gabriel Canyon Road to replace the open portions of the existing water canal. CICO will construct additional underground pipelines that will eventually connect with the pipeline being constructed by the Project developer. E. While portions of the underground pipeline being constructed by CICO will be placed underneath City public streets via a proposed license agreement between the City and CICO, other portions of the proposed pipeline are required to be installed within private property via acquisition and use of private easements. 1 ORANGEWMARTWED43265.1 F. One such area is located on a private street (Shady Oak Court) and parking area located on the Crystal Canyon Condominium property and owned by the Crystal Canyon Homeowners Association and/or Crystal Canyon Homeowners (the "HOA Property"). The proposed permanent easement consists of an approximate 400- foot long, 10-foot wide easement area that would facilitate connection of the pipeline facilities being constructed in San Gabriel Canyon Road with a pipeline to be constructed and installed by CICO from the open canal on property owned by the City of Pasadena located directly across from the HOA Property. The proposed temporary construction and installation easement consists of an approximate 400 foot long, 25-foot Wide easement area through the HOA Property. For over two years, CICO and the HOA have been unable to reach agreement on the purchase of an easement along the HOA Property. As a result, CICO is considering the initiation of eminent domain proceedings to acquire the easement. G. California Code of Civil Procedure, Section 1245.310 et seq. authorizes quasi-public entities, such as mutual water companies, to exercise powers of eminent domain. However, a quasi-public entity may not initiate eminent domain proceedings until the legislative body of the city or county within whose boundaries the subject property is located adopts a resolution consenting to the acquisition. H. CICO has requested that the City, acting by and through its City Council, consent to the use of eminent domain for the purpose of acquiring the required easements over the HOA Property parking lot, by adopting a resolution to that effect, which resolution must be adopted by a vote of at least two-thirds of the City Council. I. The purpose of this Agreement is to provide for the indemnification of the City and its officials for exercising such authority in accordance with the Code of Civil Procedure. NOW, THEREFORE, in accordance with the recitals set forth above and as consideration for the approval of the Resolution stated herein, City and CICO agree as follows: TERMS 1. Incorporation of Recitals. The parties agree that the Recitals constitute the factual basis upon which the City and CICO have entered into this Agreement. The -2 - ORANOEWMARTINEZ543265.1 City and CICO each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length. 2. Indemnification. CICO shall defend, indemnify and hold harmless the City, its officials, officers, employees, consultants and agents ("Indemnities") from any claim, action or proceeding brought against any of the foregoing individuals or entities, the purpose of such litigation being to attack, set aside, void or annul the City's adoption of a resolution Consenting to the Use of Eminent Domain pursuant to California Code of Civil Procedure, Section 1245.310 et seq. (".Resolution") and/or the issuance of any permit, license or entitlement, including a grading permit, or related decision, or the adoption of any environmental document or exemption connected with said Resolution. This indemnification shall include, but is not limited to, all damages, costs, expenses, attorneys' fees or expert witness fees that may be awarded to the prevailing party, and costs of suit, attorneys' fees, and other costs, liabilities and expenses arising out of or in connection with the approval of the Resolution or related decision. 3. City Notification. City shall promptly notify CICO of any claim, action, or proceeding concerning the Resolution and the City shall cooperate fully with CICO in the defense of the matter. CICO shall provide a defense to the Indemnities or at the City's option, reimburse the indemnities their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. As such, the City reserves the right, at its own option, to choose the attorney to represent the City, its officers, employees, consultants and agents in the defense of the matter. Should the City decide to choose its own attorney to defend the claim, City shall provide CICO with an estimated budget for attorneys' fees and litigation costs ("Estimated Legal Costs"). Within thirty (30) days of CICO's receipt of City's budget for Estimated Legal Costs, CICO shall provide City with any written objections to the budget and within thirty (30) days of receipt of the objections City shall, in good faith, review and consider such objections and reduce or delete any such items in the budget which City agrees are or may be excessive. If the parties are unable to reach agreement on the budget for Estimated Legal Costs, CICO shall accept City's proposed budget and proceed with City's defense on that basis or acknowledge City's right to rescind the action and/or Resolution. If the City fails to promptly notify CICO of any claim, action, or proceeding, or if the City fails to cooperate fully in the defense, CICO shall not thereafter be responsible to defend, indemnify, or hold harmless the City. - 3 - ORANGEVvfNMTINEZ143265.1 4. Deposit Against City's Litigation Expenses. CICO shall, within ten (10) business days of receipt of written notice from the City of a pending claim, action, or proceeding, tender to the City the sum of ten thousand dollars ($10,000) as a deposit to be used to fund the City's initial litigation expenses in the event that the City selects its own counsel to represent the City, its officers, employees, consultants and agents in the defense of the matter. If the amount of CICO funds on deposit drops below five thousand dollars ($5,000) as a result of the City's expenditure of deposited funds to pay attorneys' fees and other litigation costs, the City may require CICO to tender additional funds sufficient to restore the deposit balance to ten thousand dollars ($10,000). As part of the request for additional funds, City shall include an accounting for the Estimated Legal Costs spent to date and future Estimated Legal Costs. CICO shall review the invoice and estimate within thirty (30) days of its receipt. CICO reserves the right to request additional documents to substantiate any of the invoice costs and estimates within this thirty (30)-day period. Following completion of its analysis, CICO shall advise City, in writing, of any costs or expenses shown on the invoice and estimate which CICO believes are excessive. Within thirty (30) days of City's receipt of CICO's written objections, City shall, in good faith, review the objections, delete any costs or expenses which are excessive and advise CICO in writing, of the revised Estimated Legal Costs, if any. 5. Severability. If for any reason, any portion of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. 6. Assignability Limitations. This Agreement may be assigned by CICO to any successor in interest for the Resolution, only after CICO has first notified the City and has provided to the City Manager a signed acceptance of the assignment by the assignee. 7. No Oral Modifications. This Agreement represents the entire understanding of the City and CICO and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified, but only by a writing signed by both the City and CICO. All modifications to this Agreement must be approved by the Parties. 8. Binding Upon Successors. This Agreement and each of its terms shall be binding upon the City, CICO and their respective officials, officers, employees, consultants and agents. -4 - ORANGENMARTINEZ\43265.1 9. Legal Challenges. Nothing herein shall be construed to require CICO to defend any third party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City's approval of the Resolution, or the environmental compliance for the Resolution. The City shall retain sole and absolute discretion on whether or not it will defend any action filed which challenges the Resolution, or whether it will take any other course of action on the Resolution. CICO may, however, in its sole and absolute discretion, appear as real party in interest in any such action or proceeding, and in such event, the City may defend such action or proceedings at City's sole and absolute discretion, and at CICO's sole cost and expense as hereinabove provided. 10. Attorneys' Fees. In the event that any action or proceeding, including arbitration, is commenced by either the City or CICO against the other arising out of this Agreement or to enforce any one or more of its terms, the prevailing party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equitable remedies available to it, its actual attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal. 11. Representations of Authority. Each person signing this Agreement on behalf of a party which is not a natural person hereby represents and warrants that all necessary legal prerequisites to that person's execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the party on whose behalf he or she signs. [SIGNATURES ON FOLLOWING PAGE] -5 ORANGE\MMARTINEZ\43265.1 Covina Irrigating Company Dated: By Title APPROVED AS TO FORM: General Counsel City of Azusa Dated: By Title APPROVED AS TO FORM: City Attorney -6 - ORANGEWMARTINFDA3265.1 U ' �'�trititx'�P, is z CONSENT CALENDAR TO:. HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT B. GARCIA, CHIEF OF POLICE VIA: F.M. DELACH, CITY MANAGER f&V DATE: July 21, 2008 SUBJECT: ADOPTION OF AN AGREEMENT FOR THE CITY OF AZUSA (CITY) TO ENTER INTO CONTRACT FOR SERVICES WITH ALL CITY MANAGEMENT SERVICES (ACMS) FOR CROSSING GUARD SERVICES RECOMMENDATION It is recommended that the City Council adopt the attached agreement between the City and ACMS for crossing guard services. BACKGROUND: This is a proposal for outsourcing crossing guards for the school year 2008/2009. Azusa staffs 12 crossing guard posts at different intersections throughout the City. The program currently is supervised by a Crossing Guard Supervisor who reports to the PD Traffic Unit Supervisor. Most of the posts safeguard crossing of school-aged children in the mornings and afternoons. One post is dedicated to ensuring the safety of senior citizens as they walk to the Azusa Senior Center. The company being proposed is ACMS, a private company that contracts crossing guard services for numerous municipalities and school districts throughout California, including Covina, Baldwin Park and La Puente. They currently employ 1,800 school crossing guards and supervisors. ACMS is the only company in the Los Angeles area whose sole function is crossing guard services. AZPD staff interviewed ACMS personnel and reviewed their operations. We were impressed with their professionalism and commitment to community safety. We contacted Covina, 1 Baldwin Park and La Puente about their satisfaction with ACMS. They all gave positive feedback and said their transition to ACMS was seamless. Covina reported that ACMS runs a smooth operation, almost"hands off,"requiring little oversight. ACMS is committed to building this outsourced program using existing personnel and paying them at least as much as they are making now. The current Azusa crossing guard field supervisor, Tony Contreras, will be the liaison person during the transition and will be significantly involved in the program. ACMS crossing guards receive four hours of training, wear provided uniforms and carry stop signs. They will be required to provide the utmost in customer service and safety in their crossing guard roles. AZPD's Traffic Unit will be responsible for operational oversight and assurance that Azusa's needs are met. The Police Department currently manages and funds the school crossing guard program for the schools in the City. Funding the program includes salary, workers compensation and Medicare payments for 12 budgeted positions. Managing a crossing guard program is a costly endeavor. In addition to the budgeted costs, there are unseen costs such as the time needed to recruit, supervise, schedule and staff vacancies. ACMS provides all of the functions of managing the crossing guard program and also maintains a $1,000,000.00 liability insurance policy and Worker's Compensation insurance. The City's adopted budget for 2008/2009 includes funds to contract school crossing guard services with a private company that specializes in crossing guard management. ACMS provided Azusa a bid for services which includes in the hourly rate responsibility for all contract functions including screening, recruitment, staffing, training, equipment, Workers Compensation, payroll and supervision. ACMS will retain the existing Azusa crossing guard personnel and maintain the City's existing pay scale. ACMS maintains alternate guards and a paging system to ensure adequate response and immediate back-up for any Crossing Guard absent from duty for any reason. SOLE SOURCE ACMS is the only company in the Los Angles area that is exclusively a crossing guard company. Other security companies in Southern California provide crossing guards as a part of a security business, but none serve this area. City Attorney Sonia Carvalho has approved of the contract as to form and content. Tony Garcia of Purchasing has reviewed the contract and found it in good order. FISCAL IMPACT The amount of$112,400 was budgeted in anticipation of this proposal to contract crossing guard service effective August 2008. It was anticipated that such a proposal would have at most, a modest increase (i.e., less than 10%) on the budget. The actual contract came in at $121,785. For the additional $9,385, (7.7%), ACMS not only provides quality crossing guard service but they also take over managing the program which includes recruiting, scheduling, supervising, staffing vacancies and Workers Compensation cost. Police staff administers the contract and confirm quality service is received. 2 Attachments: Professional Services Agreement Contract Prepared by: Lieutenant John Momot Captain Gene Street 3 CITY OF AZUSA PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this 21 st day of July, 2008 by and between the City of Azusa, a municipal organization organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702-1295 ("City") and All City Management Services, with its principal place of business at 1749 South La Cienega Blvd, Los Angeles, CA 90035-4601 ("ACMS"). City and ACMS are sometimes individually referred to as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing investigation services to public clients, is licensed in the State of California. 2.2 Project. City desires to engage Consultant to render such services for Crossing Guard Service ("Project') as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Crossing Guard Services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from , 2008 to 2009, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates: Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control.. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative. The City hereby designates Captain Gene Street, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative. Consultant hereby designates Mr. Baronb Farwell, or his or her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations, and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. . (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident for bodily injury or disease. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors; officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C). Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.5 Separation of Insureds• No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than ANIII, licensed to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 3.2.11 Safe . Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Twenty One Thousand Seven Hundred Eighty Five dollars ($121,785) without written approval of the City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seg., and 1770, et seg., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Aereement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: Contractor: All City Management Services 1749 South La Cienega Blvd Los Angeles, CA 90035-4601 City: City of Azusa 213 East Foothill Blvd. Azusa, CA 91702-1295 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either parry commences an action against the other parry, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of Us Agreement. 3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give' the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counternarts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF AZUSA ALL CITY MANAGEMENT SERVICES By: By: City Manager Baron Farwell General Manager Attest Vera, Mendoza City Clerk Approved as to Form: Best Best & Krieger LLP City Attorney EXHIBIT"A" SCOPE OF SERVICES 1. The Contractor will provide personnel equipped and trained in appropriate procedures for crossing pedestrians in marked crosswalks. Such personnel shall be herein referred to as a Crossing Guard. The Contractor is an independent Contractor and the Crossing Guards to be furnished by it shall at all times be its employees and not those of the City. 2. The City shall have the right to determine the hours and locations when and where Crossing Guards shall be furnished by the Contractor. The Contractor shall notify the City in writing of any changes which may need to occur in hours of work or locations. The City further has the power to add to, delete from, or revise the work schedule/locations at any time. 3. The Contractor shall provide supervisory personnel to see that Crossing Guard activities are taking place at the required places and times, and in accordance with all items of this Agreement. 4. The Contractor shall maintain adequate reserve personnel to be able to furnish alternate Crossing Guards in the event that any person fails to report for work at the assigned time and location. 5. The Contractor shall provide personnel properly trained as herein specified for the performance of duties of Crossing Guards. In the performance of their duties the Contractor and employees of the Contractor shall conduct themselves in accordance with the conditions of this Agreement and the laws and codes of the State of California pertaining to general pedestrian safety and school crossing areas. 6. Crossing Guard Services shall be provided by the Contractor at the designated locations and at the designated hours on all days on which the designated schools in the City of Azusa are in session. 7. The Contractor shall provide all Crossing Guards with apparel by which they are readily visible and easily recognized as Crossing Guards. Such apparel shall be uniform for all persons performing the duties of Crossing Guards and shall be worn at all times while performing said duties. This apparel must be appropriate for weather conditions. The Contractor shall also provide all Crossing Guards with hand held Stop Signs and appropriate safety vest. 8. The City agrees to pay the Contractor for the services rendered pursuant to this Agreement the sum of Twelve Dollars and eighty nine cent ($12.89) per hour of Crossing Guard services provided. It is understood and agreed that contractor's compensation shall not exceed One Hundred Twenty One Thousand Seven Hundred and Eighty Four dollars and 72/100 ($121,784.72) per calendar year = (9,448 hours of service x $12.89). 9. In the event that this Agreement is extended beyond (date), the compensation for services shall be established by mutual consent of the parties. Said payment shall be made upon written statement to the City by the Contractor and approval of the appropriate City representative. 10. The Contractor will provide Crossing Guard service during the traditional school year and the summer. This will include crossing guards at 12 locations for a total of 9448 hours. The crossing guard supervisor is provided by the contractor. dip CONSENT CALENDAR TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER VIA: F.M. DELACH, CITY MANAGER�pv DATE: JULY 21, 2008 SUBJECT: AWARD OF CONTRACT FOR CITY-WIDE CONCRETE IMPROVEMENTS RECOMMENDATION It is recommended that the City Council award a 1-year contract to Martinez Concrete Inc., of Azusa, California for City-wide concrete improvements in an amount not-to-exceed $250,000.00. 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 uprooted sidewalks, drainage problems and nuisances for property owners and residents. On October 1, 2007 the City Council authorized the City Clerk to commence advertisement and formal bidding for City-wide concrete improvements. On December 3, 2007 the City Council awarded a 1-year contract with a 2-year renewable option (providing there was fiscal allocation) to Martinez Concrete Inc. Although material costs have increased in response to oil increases, the City has secured the original unit pricing. Staff has reviewed the bid and found prices to be very competitive. Martinez Concrete Inc. Item No. Description Unit Unit Price 1. 4" sidewalk S.F. $6.85 2. Curb & Gutter L.F. $48.80 3. Cross Gutter L.F. $8.95 4. 6"Driveway Approach S.F. $7.45 5. Curb Only L.F. $43.50 6. Alley Intersection—PCC S.F. $8.95 7. Wheelchair Ramp Each $2,400.00 8. Root Barrier Each $12.60 Martinez Concrete Inc. has a proven track record with the City of Azusa. They have provided outstanding service in previous years. Staff recommends City Council awards a contract to Martinez Concrete in an amount not to exceed $250,000.00. FISCAL IMPACT The City has $250,000 budgeted in the FY 2008/09 Capital Improvement Plan for this project. Project will be paid out of account: 13-80-000-661-7176/66109D. Attachments: Maintenance Service Agreement CITY OF AZUSA AGREEMENT FOR MAINTENANCE SERVICES 1. PARTIES AND DATE. This Agreement is made and entered into this 28h day of July,2008 by and between the City of Azusa,a municipal corporation of the State of California,located at 213 East Foothill Boulevard, Azusa,California 91702-1295,County of Los Angeles,State of California,(hereinafter referred to as "City")and Martinez Concrete,Inc.,a Corporation with its principal place of business at 920 West Foothill Boulevard,Azusa, California(hereinafter referred to as"Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing concrete repair/improvement services to public clients,that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such services for the City-wide Concrete Repairs/Improvements ("Project') as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scone of Services. Contractor promises and agrees to furnish to the Owner all labor,materials,tools,equipment,services,and incidental and customary work necessary to fully and adequately supply the professional concrete repair services necessary for the Project ("Services"). The standards for Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with,this Agreement,the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. RVPUBWGSt547268 3.1.2 Term. The term of this Agreement shall be from August 28`h'2008 to December 31, 2008,unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates;Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on anindependent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule,City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City's Representative. The City hereby designates Carl Hassel,or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.5 Contractor's Representative. Contractor hereby designates Roberto Martinez, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services,using his best skill and attention,and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory RVPUBWG51547268 2 (BB&K:Jan.6,2000) coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perforin, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property,or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws,rules and regulations in any manner affecting the performance of the Project or the Services,including all Cal/OSHA requirements,and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws,rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials,directors,officers,employees and agents free and harmless,pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance. 3.2.9.1 Time for Compliance. Contractor shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition,Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor RVPUBWGS1547268 3 (BB&K:Jan.6,2DDD) has secured all insurance required under this section. 3.2.9.2 Minimum Requirements. Contractor shall,at its expense,procure and maintain for the duration of the Agreement insurance against claims.for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers'Compensation and Employer's Liability:Workers'Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury,personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)Automobile Liability: $1,000,000 per accident for bodily injury and property damage;and(3) Workers'Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident for bodily injury or disease. 3.2.9.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1)the City, its directors, officials,officers, employees,agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Contractor,including materials,parts or equipment furnished in connection with such work;and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers,employees,agents and volunteers,or if excess,shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1)the City,its directors,officials,officers,employees,agents and volunteers shall be covered as additional insureds with respect to the ownership,operation, maintenance,use, RVPUBWGS\547268 4 (BB&K:Jan.6,2000) loading or unloading of any auto owned,leased,hired or borrowed by the Contractor or for which the Contractor is responsible; and(2)the insurance coverage shall be primary insurance as respects the City,its directors,officials,officers,employees,agents and volunteers,or if excess,shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City,its directors,officials,officers,employees,agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A)coverage shall not be suspended,voided,reduced or canceled except after thirty(30)days prior written notice by certified mail,return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.9.4 Separation of Insureds:No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition,such insurance shall not contain any special limitations on the scope of protection afforded to the City,its directors, officials, officers, employees, agents and volunteers. 3.2.9.5 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that,at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 3.2.9.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 3.2.9.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf,and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete,certified copies of all RVPUBWGSS547268 5 (BB&K:Jan.6,2000) required insurance policies, at any time. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services,the Contractor shall at all times be in compliance with all applicable local,state and federal laws,rules and regulations,and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A)adequate life protection and life saving equipment and procedures; (B)instructions in accident prevention for all employees and subcontractors,such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1770 et seg. ("Prevailing Wage Laws"),which require the payment of prevailing wage rates and the performance of other requirements on "public works contracts." If this is a"public works contract' pursuant to the California Labor Code and if the total compensation is $1,000 or more,Contractor agrees to fully comply with such Prevailing Wage Laws. Copies of the prevailing rate of per diem wages for each craft, classification or type of worker needed to execute this Agreement shall be made available to interested parties upon request, and shall be posted at the Project site. Contractor agrees to defend,indemnify and hold the City,its elected officials,officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement,from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond. If specifically requested by City in Exhibit "B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total,not-to-exceed compensation indicated in this Agreement,and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit`B"attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. RVPUBWGS1.547268 6 (BB&K:Jan.6,2000) 3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory,Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City,and Contractor shall post acceptable replacement bonds at least ten(10)days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City.To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall,upon request of the City,cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time,terms,or conditions of payment to the Contractor,will release the surety. If the Contractor fails to furnish any required bond,the City may terminate this Agreement for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer,as defined in Code of Civil Procedure Section 995.120,shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than AXIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements,the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation,including authorized reimbursements,for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed Two Hundred and Fifty Thousand Dollars($250,000.00)without written approval of City's Public Works Director. Extra Work may be authorized,as described below,and if authorized,will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City .a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date,or since the start of the subsequent billing periods,as appropriate,through the date of the statement. City shall,within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. RVPUB%NGS1547268 7 (BB&.K:Jen.6,2000) 3.3.4 Extra Work. At any time during the term of this Agreement,City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project,but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three(3)years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may,by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination,and specifying the effective date thereof,at least seven(7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen(15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein,City may procure,upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: RVPUBMR547268 8 (BBffiK:Jan.6,2000) CONTRACTOR: Martinez Concrete, Inc. 920 West Foothill Blvd. Azusa, CA 91702 Attn: Roberto Martinez CITY: City of Azusa 213 East Foothill Blvd. Azusa, CA 91702-1295 Attn: Public Works Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48)hours after deposit in the U.S. Mail,first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation;Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary,appropriate or convenient to attain the purposes of this Agreement. 3.5.4 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reason- able attorney's fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and bold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons,including wrongful death,in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services,the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses.Contractor shall defend,at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City,its directors,officials,officers,employees,agents or volunteers. Contractor shall pay and satisfy any judgment,award or decree that maybe rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors,officials,officers, RVPUBVM547268 9 (BB&K:Jan.6,2000) employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any,received by the City,its directors, officials officers, employees, agents or volunteers. 3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign,hypothecate,or transfer, either directly or by operation of law,this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void,and any assignees,hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment,hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time,days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.13 Amendment;Modification. No supplement,modification,or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. RVPUB\NGS'547268 - 10 (BB&K:Jan.6,2000) 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach,whether of the same or other covenant or condition. No waiver,benefit,privilege, or service voluntarily given or performed by a Party shall give the other Parry any contractual rights by custom, estoppel, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third parry beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity, Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor,to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission,percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement,no member,officer or employee of City,during the term of his or her service with City, shall have any direct interest in this Agreement,or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor,employee or applicant for employment because of race,religion,color,national origin,handicap,ancestry,sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder,Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. RVPUBWGS�547268 I 1 (BB&K:Jm.6,2000) 3.5.21 Counterparts. This Agreement may be signed in counterparts,each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement,except as expressly stated herein,without prior written approval of City. Subcontracts,if any,shall contain a provision making them subject to all provisions stipulated in this Agreement. CITY OF AZUSA MARTINEZ CONCRETE INC. By: By: Joseph R. Rocha Roberto Martinez Mayor Secretary/Treasurer California Contractor License No. 394471 By: Francis M. Delach City Manager Attest: City Clerk Approved as to Form: Best Best& Krieger LLP City Attorney RVPUBWGS1547268 12 (BB&K:Ian.6,2000) EXHIBIT"All Standard Plans for Public Works Construction CITY 0 � AZUSA ENGINEERING DIVISION SUBJECT, as� CURB and GUTTER DETAILS ® q APPROVED BY, DATE: APRIL 1996 TTTJJJ CrtYOF CC��',, /) 4 ice] �4 �! DRN. BY: S. SEISERUCH CITY ENGINEER f RCE NO. 39370 CHKD. BY: R.L. LM. rV4' 6" W L R=3/4. L� R=3/4" r i/4' 6"^1 1— R=1/2" R=1 2" � ISR-3/4, C F BATTER / BATTER H72 4S2 C.F. t' per ft of 'V' BATTER R=1' --1 8,12 R=1/2' 8.12 B' 6' 6' R=1/2•• 61 LEVEL LINE LEVEL LINE �1' LEVEL LINE A B C_ EXISTING W --� 6' 12' PGC DIRB� BEAD OF EPDXY RESIN R=3/4" !-' F'L' ADHESIVE APPLIED TO BATTER �F.L AFTER P.C.C. HAS CURED Brt2 V per ft.of 'V• 6'C.F. R=1/2" =1' I/4' B' L EPDXY RESIN ADHESIVE L1' LEVEL LINE 1 DE IB• IB' LEVEL LINE 8ATT2ER 3' 2-1 2 ND 4 LONG BAR 2' 6'CF. EPDXY RESIN ADHESIVE 12' R = 12' B' 3/4' EXISTING 3' 1✓ 44 DOVEL WPAVEMENT 2 AT 4'OL 10'MIN F N PLHCE RfE0 36' _ 1B• —�— 113• 1• NOTES: 1. CONCRETE SHALL BE 520-C-2500 PER STANDARD SPECIFICATIONS FOR PUBUC WORKS CONSTRUCTION. 2. ALL FLOW UNES ARE TO HAVE A 4" WIDE SECTION WRH 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. K 4. W = 24' AND "CT" - B' UNLESS OTHERWISE SPEGFIED. RVPU13WGS1647268 1 (BB&K:In.6,20DO) Standard Plans for Public Works Construction (Contd.) CITY OF AZUSA ENGINEERING I)I 1-/IS ION I dO SUBJECT, STANDARD DRIVE APPROACH ® q APPROVED BY: DATE: APRIL 1996 TTUJJ CRYOF CCAS 84 ma ORN. BY: S. SEIBERLICH CITY ENGINEER RCE NO. 39370 1 CHKD. BY: R.L. LM, COLD JOINT AT Z C. ..0!7 COLD JOINT AT IC soPE I !CORE3' ROPE LIGHT BROOMNES SLOPEMIN TREE, FINISH FIRE HYDRANT, LD OINT ATUTILITY pSTREET � R BACK F CURB 1 L _ ETC. j » 1 I y/ w x TROWEL FINISH AT STEEL TROWEL FINISH AT x LIGHT BROOM FLOW UNE a WIDE FLOW UNE C WIDE FINISH CASE II CASE I R/W LINE CURBFACE I C OR LESS 1 9" 10" i i" 12" OR MORE (II�PARKWAY x OR R 3' 4' 5' S'-6' 6" I r SLOPE 1/4• PER P. 3 FJOINTi NOTES- - 3/4"1. DRIVE APPROACHES SHALL BE CONSTRUCTED OF 520-C-2500 C.F.. Y_ 1+T•P.C.C. PER STANDARD SPECIFICATIONS FOR PUBLIC WORKS :°-9_°_'0� rCONSTRUCTION. ALL CONCRETE SHALL BE PLACED WITHIN 90 COLD MINUTES OF DISPATCH. TYPE 1 - TYPICAL SECTION 3. 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 F1. 4. SCORE LINES SHALL BE PLACED PARALLEL Td`THE LINE OF WORK C F. AT THE BOTTOM OF EACH X AND, IF W IS GREATER THAN OR C F� IIIE--Illi' OR EQUAL TO 14'. ALONG THE CENTERLINE OF THE APPROACH. A SCORE LINE SHALL BE PLACED TRANSVERSE TO THE LINE OF �j 5' sOevnLa WORK AT THE GRADEBREAK IN "TYPE 2" APPROACHES COLD JOINT 5. DEPRESSED CURB AND GUTTER SHALL BE CONSTRUCTED TYPE 2 — TYPICAL SECTION SEPERATLY FROM DRIVE APPROACH FOR CASE I APPROACHES (FOR PARKWAYS EOUAL TO OR GREATER THAN 10') R-5_5 RVPUfBWG047268 2 Ll (BB&K:lan.6,2000) Standard Plans for Public Works Construction (Contd.) RVPUBWGS1547268 3 (BB&K:Jan.6,2000) CITY ® F AZIJSA ENGINEERING DI I/I SIL7N SUBJECT STANDARD . SIDEWALK DETAILS APPROVED BY, DATE: APRIL 1996 CITY OF �ree44 /� �.�� !T- DRN. BY: S. SEIBERIICH CITY ENGINEER I PJ CHKD. BY: R.L. L.M. VARIES NOTES- 1. CONCRETE SHALL BE 520-C-2500 PER STANDARD 5'"1 SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION. ALL CONCRETE SHALL BE PLACED WITHIN 90 MINUTES OF DISPATCH- 2-C ,";b,„ 2- WALKS SHALL BE SCORED AT 5' INTERVALS AND ;,;;,?, PLASTIC CONTROL JOINTS SHALL BE INSTALLED AT U PROP. 10' MAX. INTERVALS. 0] 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- -!td LAN- 4. IN CASES WHERE CURBS AND WALKS ARE ADJACENT CURB JOINTS SHALL ALIGN WITH WALK JOINTS. N 6p. 5. A RAMP PER ASTANDARD PIAN 111-i - ' SHAIL.BE INSTALLED AT EVERY INTERSECTION 24" MIN— s''P," ^ry,2. CORNER, UNLESS OTHERWISE NOTED- RA lus OTED.RADIUS 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 BCR AND ECR, AND AROUND UTILITY POLES LOCATED VARIES IN SIDEWALK AREAS. TYPICAL SECTION OF WALK E.0 ° ':gsl VARIES RESIDENTIAL U " 5'----- GRADED m PROP. "P ' PERFT. EXISTING LINE CURB & PROP. i. curTER LINE IIII P. SI �• SIDEWALK Li J �g COMMERCIAL SLOPE 1(4" PER. FT. EXISTING s'. —III�IF=yII .•�� CURB & GUTTER PROP,LINE i�'--.._ ,-________ WALK RETURN - R - 6 RVPUBWGS047268 4 (BB&K:Jan.6,2000) Standard Plans for Public Works Construction (Contd.) C9TY ® � AZUSA ENGINEERING DI�/ISI�N SUBJECT, STANDARD CROSS GUTTER ® � APPROVED BY, DATE: JUNE 1996 CRYOF CVVi�� DRN. BY: S. SEIBERLICH CITY ENGINEER KUL NU. a' CHKD. BY: R.L. LM, GUTTER TRANSRION GUTTER TRANSITION A FLOW LINE iry a RIDGE B x iv j-6 STIR. GRADE S7R• GRADE w_� —FLOW UNE �HECR ; ECR Rte_ PROPERTY LINE Z.. i 1 I o a MINUS-NORMAL CF �I 5 E 5 CURB rcl e NORMAL CF =I 2' W No 2" "' 2' GUTTER F. :n t i W -�mnL r_ GUTTER TYPICAL CROSS GUTTER PLAN SECTION A - A WEAKENED PLANE WEAKENED PLANE JOINT OR r- JOINTS PER NOTES OPTIONAL CONTACT JOINT 1 AND 2 o APER NOTES 1, 2 AND 3 JOINT NEEDED WHEN ry W = 46' OR MORE a LEVEL e�_ELR 5' CROSS GUTTER NP 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 CURB 6' PLASTIC CONTROL JOINTS, II 3, ALL CONCRETE SHALL BR 520-C-2500 � 2'-7 3' 3' PER STANDARD SPECIFICATIONS FOR ,fill 1„ 1„ PUBLIC WORKS CONSTRUCTION. ALL 2 CONCRETE SHALL BE PLACED WITHIN v 90 MINUTES OF DISPATCH. n 4. ALL EXPOSED CORNERS ON P.C.C. GUTTERS TO BE ROUNDED WITH SECTIO C - C 1/2" RADIUS. 5. GUTTER SHALL BE INTEGRAL WITH CURB UNLESS OTHERWISE SPECIFIED. SECTION D - D R - 7 R VPUBINGS\547268 5 (BB@JC:Jan.6,2000) Standard Plans for Public Works Construction (Contd.) RVPUBWGS�547268 6 (BB&K:Jan.6,2000) CITY OF AZUSA ENGINEERING DI\,/Is ION SUBJECT- STANDARD ALLEY INTERSECTION a oh"1 APPROVED BY, DATE: JUNE 1996 cmoP CCKK A-- DRN. BY: S. SEIBERLICH CITY ENGINEER RCE NO. 39370 CHKD. BY: R.L. L.M. WHEELCHAIR RAMP 3 WHEELCHAIR RAMP PER A1 STD. PER APWA STD. 11 PLAN l t b-1, CASE H W PLAN 111-1, CASE H P.C.0 CENTER GUTTER PLASTIC CONTROL JOINTS RETAINING PROP.LINE PROP.UNE RETAINING CURB _ CURB 8.33% I S.'j 6.339. MAX. 0" C.F. w 0" C.F. MAX. EDGE OF WALKSTRAIGHT_¢a� STRAIGHTEDGE OF WALK I �JW GRAlS� �) GRADE w 1-12' 3 va �E' 3 12 I I a sI �—�+— A A 3, CF.�u C' - �I3' CF- B - - - - -1 -/FLOW-- I - - L - - - I LINE LIGHT BROOM ' 8 FINISH STEEL TROWEL FINISH 8" WIDE . _k6" L AT FLOW LINE BATTER W/2 W/2—1 VARIES P.C.C. GUTTER 3" 6" AGGREGATE BASE — LEVEL — LINE _ ;'SECTION A—A ;6 AGGREG Baa' 6" P.C.C. ATE_'i:F; BASE --I6"I-- SECTION AT PROPERTY LINE 16 C.F. VARIES I 6" P.C.0 I^3 "yp.:;y;_,b: e':•e;: GUTTER Ljj, PARKWAYOF CURB 0' CF. SLOPE 1/4" PFR FT. 6" AGGREGATE BASE 6 . pESECTION B—B GGREGATE ~ R - 8 SECTION AT £ ALLEY RVPUBWGSL547268 7 (BB&K:Jan.6,2000) Standard Plans for Public Works Construction (Contd.) CITY OF AZUSA ENGINEERING ]JI 1/I S ION SUBJECT a CURB DRAIN APPROVED BY. DATE: JUNE 1996 I DRN. BY: S. SEIBERLICH CITY ENGINEER - RCE NO. 39370 CHKD. BY: R.L. L.M. 2 - #3 BARS 3" MIN. CLEARANCE BACK OF CURB Y' »Y < G CURB LINE EDGE OF GUTTER N �d. EXPANSION JOINT REQUIRED IF CURB DRAIN s° IS BEING CONSTRUCTED MONOLITHIC WITH GUTTER ADJACENT RBOTH SIDES) I z_ PARKWAY -I J � J END OF PIPE TO HAVE 1" CLEARANCE BARS 271- IHIo Id FROM CURB FACE v FINISHED GRADE L— ' 1/2" CLEARANCE •' 3" OR 4" DIA. PIPE 1/4" PER FT. MIN. SLOPE SECTION VIEW NOTES- 1. DRAINS SHALL BE 3" DIAMETER PIPES FOR 6" CURB FACE AND 4" DIAMETER PIPES FOR 8" CURB FACE OR GREATER UNLESS OTHER SHAPES ARE APPROVED BY THE CITY ENGINEER. 2. ANGLE 'B" = 90.0 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 SCOREUNE. R - 9 RVPUWNGS\547268 8 (BB&K:]an.6,2000) RVPUBWGS%547268 9 (BB&K:Jan.6,2000) EXHIBIT "B" CERTIFICATION LABOR CODE - SECTION 1861 I, the undersigned Contractor, am aware of the provisions of Section 3700 et M. of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor,agree to and will comply with such provisions before commencing the performance of the Work on this Contract. Martinez Concrete Inc. By: Roberto Martinez Secretary/Treasurer RVPUBWG5\547268 l (BB&.K:]an.6,2000) EXHIBIT "C" COMPENSATION 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 are based.on a minimum of$250,000 of total work.Unit prices are 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). 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. The Contractor's compensation will be computed upon the basis of the actual quantities in the completed work. Unit Prices Item# Description Unit Unit Price 1. 4" Sidewalk S.F. $6.85 2. Curb& Gutter L.F. $48.80 3. Cross Gutter L.F. $8.95 4. 6"Driveway Approach S.F. $7.45 5. Curb Only L.F. $43.50 6. Alley Intersection—PCC S.F. $8.95 7. Wheelchair/ADA Ramp Each $2,400.00 8. Root Barrier Each $12.60 RVPUBN(3W47266 2 (BB&K:Jan.6,2000) __ c'41/FORy�P JOINT CITY/AGENCY CONSENT ITEM TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: KURT CHRISTJ,,kNSEN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR v VIA: F.M. DELACH, EXECUTIVE DII2ECTOR14kAI 1 DATE: JULY 21, 2008 SUBJECT: REDEVELOPMENT AGENCY ADMINISTRATION/ADVANCE FROM THE CITY RECOMMENDATION It is recommended that the City Council/Agency Members approve Resolutions authorizing an advance of$1,283,070 from the City's General Fund to the Redevelopment Agency, and authorize execution of the Note. BACKGROUND Operating expenses for the Redevelopment Agency were approved in the 2008/09 Budget. To fund these expenses with Redevelopment property tax increment revenues,it is necessary for the Agency to enter into a debt instrument with the City. The Redevelopment Agency is governed by California Redevelopment Law ("CRL"), and is primarily funded with property tax increment. Per the CRL, tax increment can only be used to pay debt. In order to fund the Agency's 2008/09 budgeted administrative expenses of$1,283,070,the Agency must establish these appropriations as a debt. To do this, each year the Agency requests that the City advance the necessary funds to pay for the Agency's general administration, in the form of a loan. This allows the Agency to receive a like amount of additional tax increment revenues and periodically reimburse the City throughout the year. The loan amount indicated below reflects the Agency's Administrative Budget for Fiscal Year 2008/09. The new note detailed below is proposed to implement the Agency's 2008/09 budget: Page 2 of 2 July 21, 2008 Honorable Chairperson and Agency Members Redevelopment Agency Administration/Advance from the City LOAN AMOUNT PROJECT INTEREST RATE TERM BORROW FROM $1,283,070 Merged Project- Variable based on LAIF 1 Year City General Administration average monthly yields Fund FISCAL IMPACT This mechanism allows the Agency to fund its administrative operating expenses and align its cash flow with actual tax increment receipts. The advance is paid off within the year it is incurred, and the City's General Fund is able to earn additional interest revenues. The Agency's administrative operating expenses and additional interest expense were adopted in the 2008/09 Budget on June 16, 2008. Prepared by Roseanna J. Jara KC:RJJ/cs Attachments: 1. A Resolution of the Redevelopment Agency of the City of Azusa Requesting Loans from the City of Azusa for Purposes of the Merged Redevelopment Project Area 2. A Resolution of the City Council of the City of Azusa Authorizing Loans for Purposes of the Merged Redevelopment Project Area U:\WPROC\CORRUPOW GENDA\DBMERGLNITM.DOC RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING A LOAN FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency of the City of Azusa("Agency")is authorized to undertake certain actions which are necessary and incidental to the carrying out of the Redevelopment Plan which has previously been adopted by the City of Azusa, for purposes of the Merged Redevelopment Project Area; and WHEREAS, the Agency has incurred and will continue to incur obligations for such purpose; and WHEREAS,the City of Azusa is authorized,pursuant to Section 33620,et.seq.,of the Health and Safety Code of the State of California(California Redevelopment Law)to make loans to the Agency for the purposes of defraying said expenses; NOW, THEREFORE,BE IT RESOLVED by the Agency Members of the Redevelopment Agency of the City of Azusa that: Section 1. Pursuant to the provisions of said Section 33620,et.seq.,of the California State Health and Safety Code,the Agency Members hereby authorize the Redevelopment Agency of the City of Azusa to request a Loan from the City of Azusa for purposes of the Merged Redevelopment Project. Section 2. The Agency pledges to accept and administer any funds loaned to it pursuant to this request in accordance with the provisions of Section 33620, et. seq., of the Health and Safety Code. Section 3. The Agency requests that authorization for repayment of the loan shall be evidenced by a Note(in the form attached as Exhibit A)of the Agency containing the following terms, in addition to all usual and customary terms: LOAN INT. BORROW PLEDGED REVENUE AMOUNT PROJECT RATE TERM FROM SOURCES $1,283,070 Administration Variable Based on LAIF Avg. 1 Year General Fund Tax Increment, Other Monthly Yields The loan listed herein is payable according to the terms of the Note. Payments will be made at least annually,and will be paid in full on or before June 30, 2009. The Note is payable from accumulated tax increment funds in excess of those pledged for payment of Agency bonded indebtedness,and/or from any other funds available to the Agency from which such payment may legally be made. The Note may be prepaid at any time without penalty. Section 4. The Chairperson of the Agency or his/her designee is hereby authorized and directed to execute,on behalf of the Agency, the Note to the City of Azusa in accordance with the provisions of Section 3 hereof. Section 5. The Agency Secretary shall certify the adoption of this Resolution. PASSED AND ADOPTED this day of 2008. Chairperson I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Azusa at a regular meeting held on the_day of 2008. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary "EXHIBIT A" PROMISSORY NOTE MERGED REDEVELOPMENT PROJECT AREA AZUSA, CALIFORNIA JULY 1, 2008 For value received,the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body corporate and politic("Agency"), promises to pay the CITY OF AZUSA,a municipal corporation and general law city organized and existing under the laws of the State of California ("City'), the estimated sum of ONE MILLION TWO HUNDRED EIGHTY-THREE THOUSAND SEVENTY DOLLARS AND NO/100 ($1,283,070), revised as necessary to reflect actual expenditures,with interest thereon from the date of July 1, 2008, at the average monthly variable rate as determined by the State of California Local Agency Investment Fund,principal and interest payable at least annually and due in full by June 30,2009,as provided herein. This Note is a subordinate lien and is payable from tax increment revenues in excess of those pledged for Agency bonded indebtedness and any other superior debt, and/or payable from any other resources available to the Agency from which such payment may legally be made, allocated to and received by the Agency for the Merged Redevelopment Project Area. The term of the note shall be one (1) year, due in full by June 30, 2009, unless extended by mutual consent of both parties. This note is issued in connection with the provision of funds to finance redevelopment activities of the Merged Redevelopment Project Area. The Merged Project provides for tax increment financing in accordance with the provisions of the California Health and Safety Code. The Agency is authorized,with the consent of the Board of Directors, to undertake certain actions which are necessary and incidental to carrying out the Redevelopment Plan which has previously been adopted by the City of Azusa, for purposes of the Merged Redevelopment Project area. The City Council has authorized the loan for purposes of funding incurred administrative obligations. This note is issued under the authority and pursuant to the Community Redevelopment Law,commencing with Section 33600 of the Health and Safety Code of the State of California, as amended. Each payment shall be credited first to principal due and the remainder to interest;and interest shall thereupon cease upon the principal so credited. Any unpaid interest shall accrue and be added to the outstanding principal balance. In event of default in payment of any amount as herein provided, then the entire amount shall become due at the option of the City of Azusa. Principal and interest shall be payable in lawful money of the United States at Azusa, California. Demand, presentment for payment, protest and notice of protest are hereby waived. REDEVELOPMENT AGENCY OF THE CITY OF AZUSA By: Chairperson ADMINISTRATION U:\WROQCORRESPOVGENDAWEMERGLNRE50.DOC RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS FOR PURPOSES OF THE MERGED REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency of the City of Azusa("Agency") is undertaking certain actions which are necessary and incidental to the carrying out of the Redevelopment Plan which has previously been adopted by the City of Azusa; and WHEREAS, the Agency has incurred and will continue to incur obligations for such purpose; and WHEREAS,the City of Azusa is authorized,pursuant to Section 33620,et.seq.,of the Health and Safety Code of the State of California(California Redevelopment Law)to make loans to the Agency for the purposes of defraying said expenses; NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Azusa that: Section 1. Pursuant to the provisions of said Section 33620, et. seq.,of the Health and Safety Code,the City Council hereby authorizes to the Redevelopment Agency of the City of Azusa the following loan for the Merged Redevelopment Project. Section 2. The Agency shall accept and administer any funds loaned to it pursuant to this request in accordance with the provisions of Section 33620, et. seq., of the Health and Safety Code. Section 3. Such loan shall be evidenced by a Note of the Agency containing the following terms, in addition to all usual and customary terms: LOAN INT. BORROW PLEDGED REVENUE AMOUNT RATE TERM FROM SOURCES $1,283,070 Variable Based on LAIF Avg. 1 Year City's General Tax Increment, Other Monthly Yields Fund The loan listed herein is payable according to the terms of the Note. Payments will be made at least annually,and will be paid in full on or before June 30,2009. The Note is payable from accumulated tax increment funds in excess of those pledged for payment of Agency bonded indebtedness,and/or from any other funds available to the Agency from which such payment may legally be made. The Note may be prepaid at any time without penalty. Section 4. The City Council of the City of Azusa is hereby authorized and directed to accept,on behalf of the Agency, the Note to the City of Azusa in accordance with the provision of Section 3 hereof. Section 5. The City Clerk shall certify the adoption of this Resolution. PASSED AND ADOPTED this day of 2008. Mayor I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City of Azusa at a regular meeting thereof, held on the day of 12008. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: City Clerk U � - C'�<IFpRH�P CITY OF AZUSA MINUTES OF THE REDEVELOPMENT AGENCY REGULAR MEETING TUESDAY,JULY 8,2008—9:02 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. Chairman Rocha called the meeting to order. Call to Order ROLL CALL Roll Cal I PRESENT: DIRECTORS: GONZALES,CARRI LO,MACIAS,HANKS,ROCHA ABSENT: DIRECTORS: NONE ALSO PRESENT: Also Present General Counsel Hull,Assistant Executive Director Makshanoff,Tierra West Consultant Ometeotl,City Department Heads,Deputy Secretary Toscano,Secretary Mendoza - AGENCY SCHEDULED ITEMS Sched Items PUBLIC HEARING -CONSIDERATION OF A SECOND AMENDMENT TO THE COMMERCIAL Pub Hrg LEASE AGREEMENT FOR FOOTHILL DRUGS LOCATED'ON THE AGENCY OWNED Second Amend PROPERTY AT 190 W.9TH STREET,AZUSA. Foothill Drugs Consultant Jose Ometeotl presented the second amendment to the Commercial Lease stating that it had J.Ometeolt expired on December 31,2007;the tenants had informed the City that they would vacate the site but had Comments not;the second amendment which extends the lease from January 1,2008 through July 31,2008 in the amount of$2,405 per month,a check for$16,835 has been submitted to the Agencyto cover that period. The Chairman declared the Hearing open. The City Clerk read the affidavit of proof of publication of Hrg Open notice of said hearing published in the Azusa Herald on June 26 and July 3,2008. Ms.Peggy Martinez addressed the Public Hearing asking when the center will be completed vacated and P.Martinez the status of the other businesses. Comment Moved by Director Carrillo,seconded by Director Gonzales and unanimously carried to close the public Hrg closed hearing. Consultant Jose Ometeod responded to questions stating that in May 2008 the Agency Board extended J.Ometeod leases for four of the tenants with the exception of Foothill Drugs and the leases were extended to Comments September 30, 2008. He responded to questions posed that the tenant did receive relocation/financial assistance and has found a new place in the City of Azusa. After additional comments, it was moved by Director Hanks, seconded by Director Gonzales and Com Lease Agmt unanimously carried to authorize the Executive Director to execute the Second Amendment to the Foothill Drugs Commercial Lease Agreement with Foothill Drugs. Approved The CONSENT CALENDAR consisting of items F-I through F4,was approved by motion of Director Consent Cal. Carrillo,seconded by Director Gonzales and unanimously carried. approved I. The minutes of the regular meeting of June 16,2008,were approved as written. Min approved 2. The Agency Treasurer's Report as of May 31,2008,was received and filed. Treas Rpt 3. Resolution authorizing payment of warrants by the Agency was adopted and entitled: ._ _ AZ..' A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res.08-R31 ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT Warrants AGENCY FUNDS. 4. The Professional Service Contracts Quarterly Report through June 30,2008,was received and filed. Prof Svs Contracts SPECIAL CALL ITEMS - Spec Call Items None. None It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn TIME OF ADJOURNMENT: 9:12 P.M. SECRETARY NEXT RESOLUTION NO. 08-R32. 07/08/08 PAGE TWO w U - c'�UFoar`C AGENCY CONSENT ITEM TO: HONORABLE CHAIRPERSON AND AGENCY MEMBERS FROM: KURT CHRIS;IANSEN, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR VIA: F.M. DELACH, EXECUTIVE DIRECTORAk,-�-o DATE: JULY 21, 2008 SUBJECT: MAKING A FINDING THAT PLANNING AND ADMINISTRATIVE EXPENSES MAY BE FUNDED FROM THE LOW-TO-MODERATE INCOME HOUSING FUND (20% SET ASIDE) RECOMMENDATION It is recommended that the Agency Members adopt a Resolution making a finding that the planning and administrative expenses to be funded from the low-to-moderate income housing fund in fiscal year 2008/09 are necessary for the production, improvement or preservation of the community's supply of low and moderate income housing. BACKGROUND California Redevelopment Law ("CRL") allows redevelopment agencies to use low-to-moderate income housing funds(20%set-aside)to pay for certain administrative and planning costs associated with the production,improvement,and/or preservation of affordable housing. To do this, an annual detennination indicating that these incurred expenses are necessary and directly related to low-to- moderate-income housing programs, is required. In the last several years, the Agency has initiated various housing programs benefiting low- and moderate-income families. In 1991/92,a housing rehabilitation program benefiting owner-occupied homeowners was initiated,generating additional planning and administrative costs including Agency staff time,contractual employees, and miscellaneous supplies. This program will continue through 2008/09, and includes minor and major rehabilitation loans funded by federal HOME and 20% Set- Aside funds. To date, over $4.5M in housing rehabilitation improvements have been completed since 1991/92. The Agency is required to develop and maintain replacement housing per the California Health and Safety Code. In the last twelve years,the Agency assisted construction of(4)new single family units Honorable Chairperson and Agency Members Making a Finding that Planning and Administrative Expenses May Be Funded From The Low-to-Moderate Income Housing Fund(20% Set-Aside) Page 2 of 2 July 21, 2008 at 6th Street and Alameda;the construction of(3) new single family homes at 9th and Azusa; the substantial rehabilitation of an affordable home at 918 N. Azusa; construction of(43) affordable single family units by Harlan Lee; the (20) affordable housing units completed at 600 N. Cerritos; substantial rehabilitation of(30) rental units for very low income seniors; and a homeless shelter funded with private and federal emergency shelter funds. Monitoring compliance of the first time home buyer program, and processing loan subordination requests for these restricted units will continue though 2008/09. In 2007/08,the Agency enacted a new Down Payment Assistance Program(DPAP). The purpose of the DPAP is to provide Azusa residents, in particular those members of the community that contribute to the vitality of the City,the opportunity to purchase an affordable home within the City. The goal of the DPAP is to provide assistance to approximately five(5)households every year for the next ten (10) years via a deferred loan for up to $140,000. Finally, the Agency continues to monitor its housing production and replacement obligations, participate in general plan and housing element updates/revisions, report annual housing accomplishments as required by the State of California Housing and Community Development, and administer the 20%set aside housing funds. In 2008/09,the Agency expects to assist in completing the Housing Element update, and identifying possible affordable housing project opportunities. FISCAL IMPACT These projects, which create, preserve, and improve the City's low and moderate income housing supply, are expected to incur 20% of the Agency's administrative costs in 2008/09 for staff time, legal fees, appraisals,and other non-project specific administrative costs,all of which are eligible for payment from the low-to-moderate income housing fund. Using low-to-moderate income housing funds allows a like amount of net tax increment to be utilized for other, more flexible purposes. These administrative costs were appropriated and adopted in the 2008/09 Budget. Prepared by: Roseanna J. Jara, Sr.Accountant-Redevelopment AK:RJJ/cs Attachment: Resolution .U:%WPROC\CORRUPOWGENDNLLOWMODNDMINITM.DOC RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA MAKING A FINDING THAT THE PLANNING AND ADMINISTRATIVE EXPENSES TO BE FUNDED FROM THE LOW AND MODERATE INCOME HOUSING FUND ARE NECESSARY FOR THE PRODUCTION, IMPROVEMENT OR PRESERVATION OF THE COMMUNITY'S SUPPLY OF LOW AND MODERATE INCOME HOUSING WHEREAS, the Redevelopment Agency of the City of Azusa is authorized by Section 33334.3 of the Health and Safety Code to use a portion of its low and moderate income housing funds to pay for planning and general administrative costs which are directly related to the provision of housing assistance in accord with Section 33334.2 of the Health and Safety Code; and WHEREAS, the Agency has engaged in a number of projects consistent with said Section 33334.2 to increase, improve, and preserve low-to-moderate income housing and the Agency reasonably expects to continue such activity in accord with the proposed budget for 2008/09; and WHEREAS, the Agency expects to expend staff time and resources to carry out the projects and programs listed in Exhibit A attached hereto; and WHEREAS, Section 33334.3 requires the Agency to make an annual finding that the planning and administrative expenses are reasonable given the expected level of activity for low and moderate income housing projects; NOW THEREFORE BE IT RESOLVED by the Agency Members of the Redevelopment Agency of the City of Azusa: Section 1. Pursuant to the requirements of Section 33334.2 of the Health and Safety Code,the Agency Members hereby find and determine that the reasonable allocation of Agency staff expenses directly related to the production, rehabilitation, or preservation of low and moderate income housing in accord with Exhibit A attached is as follows: For Fiscal Year 2008/09: 20% of Administrative Costs Section 2. The Agency asserts that, in the event of substantial changes in project activity, it will reevaluate the allocations and only assess the low and moderate income housing fund for that portion of administrative expenses which are reasonably related to the purposes allowable under law. Section 3. The Agency Secretary shall certify the adoption of this Resolution. PASSED AND ADOPTED this day of 2008. Chairperson 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 2008. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary EXHIBIT A LOW/MOD HOUSING PROJECTS Fiscal Year 2008/09 Housing Rehabilitation/HOME Programs — Oversee implementation of housing rehabilitation programs, including but not limited to monitoring consultants,meeting with homeowners and contractors,processing demands for payment and preparing compliance data. Low-to-Moderate Income Housing Monitoring Project—Monitor compliance for twenty-one(21)restricted low- to-moderate income single family housing units;sixty-four(64)restricted low-to-moderate income rental units;and thirty(30) very low income senior rental units for continued compliance. Down Payment Assistance Program—Oversee implementation of the Down Payment Assistance Program(DPAP) to provide Azusa residents, in particular those members of the community that contribute to the vitality of the City, deferred down payment assistance loans for up to$140,000 to purchase affordable homes within the City. The goal of the DPAP is to provide assistance to approximately five (5)households every year for the next ten (10) years. Administration — Track 20% set aside tax increment receipts; coordinate outstanding debt funded with low-to- moderate.income housing funds; prepare subordination agreements as necessary for single family homeowners; preparation of the annual State Controller's Report,independent financial statement, and the annual HCD housing report. Housing Element—Work in conjunction with City Planning staff to update and implement a functional Housing Element as part of the overall General Plan Update, and endeavor to meet housing production and replacement obligations. Redevelopment Housing Projects — Identify possible affordable housing project opportunities in the Merged Redevelopment Project Area. Miscellaneous —Actively pursue and promote housing project opportunities benefiting low-to-moderate income households. WARRANT REGISTER NO.22 FISCAL YEAR 2007-08 WARRANTS DATED 06/01/08 THROUGH 06/15/08 FOR REDEVELOPMENT AGENCY MEETING OF 07-21-08 Far RESOLUTION NO. A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. That the following claims and demands have been audited as required bylaw and that the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as hereinafter set forth: 80-110-REDEVELOPMENT ADMINISTRATION FUND $ 6.244.31 80-125-CBD CAPITAL PROJECTS FUND 1,150,650.93 80-135-WED CAPITAL PROJECTS FUND - 80-185-RANCH CAPITAL PROJECTS FUND - 80-165-618-2005 TAX ALLOCATION BONDS FUND 81-155-TAX INCREMENT SET-ASIDE FUND 15,585.50 82-125-CBD DEBT SERVICE FUND 82-135-WED DEBT SERVICE FUND 82-185-RANCH CENTER DEBT SERVICE FUND TOTAL ALL FUNDS: $1,172.480.74 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 2008. 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 2008. AYES: AGENCY MEMBERS: NOES: AGENCY MEMBERS: ABSTAIN: AGENCY MEMBERS: ABSENT: AGENCY MEMBERS: Secretary City of Azusa HP 9000 07/16/08 O P E N H 0 L D D B LISTING By PerscrVlhtity Nave Page 1 4M, JUL 16, 2008, 8:00 AM ---req: =-------leg: GL JL---loc: BI-=---job: 599776 #J1412---p9m: CH400 <1.34> rpt id: CHFLM02 S1= FUSD CDJes: 80-82 ; Check Issue Kites: 060108-061508 PE ID PE Nbm ACC1MU NUEER / JOB N[MBER I=Ice Nadler De-s=ption St Disc. Ant. Dist. Pmt. V09095 AEI M\ULTWIS 8010125000-6399/505800-6399 2079472 PH 1 IIWII�'N & FD 0.00 1,600.00 V09095 AEI CC�IS =NIS 8010125000-6399/505800-6399 2079768 PH 1 IIWI1�N/ & PD 0.00 1,600.00 V09095 AEI CCI�I4ULT7>1`IIS 8010125000-6399/505800-6399 2079678 FH 1 EIWIld1V A2& FD 0.00 1,600.00 FEIDd: 0.00 Paid: 4,800.00 Total: 4,800.00 V05613 AT&T 8010110000-6915 6263345464042408 6263345464/05177 PD 0.00 7.64 PMd: 0.00 d: 7.64 'Ibtal: 7.64 V00363 AZLFA Q-» OF 8010110000-6630 322 FY 07/08 CIWEER P,2 0.00 3,333.33 PETD d: 0.00 d: 3,333.33 Total: 3,333.33 V01305 A= CITY FID C 8000000000=3035 2610/0801012 PR#12/08 FD 0.00 206.25 PEIDd: 0.00 Paid: 206.25 Total: 206.25 V10604 A= Nl= WN 8000000000-3020 2618/0801012 PR412/08 PD 00.00 30.00 PEID Paid: 30.00 Total: 30.00 V95948 AZUSA, = OF 8000000000-3042 042308 REIMB/MffD-IEP CA FD 0.00 160.13 PES UJADai Paid: 00 160.13 Total: 160.13 V07432 2ARR & CLARK ENV 8110155000-6650/505300-6650 18225 FINAL/540 E 3RD PD 0.00 200.00 PEID d: 0.00 d: 200.00 WCity of Azusa HP 9000 07/16/08 O P E N H 0 L D D B LISTING By Per Entity Nam Page 2 I]EIS JUL 16, 2008, 8:00 AM ---req: RME-------leg: GL JL---lcc: BI-TEM---jcb: 599776 #Jl412---pgn: CH400 <1.34> rpt id: OEMIR02 SELFI:I' FUO Cbzbs: 80-82 ; Check Issue Dates: 060108-061508 PE ID PE Nacre ADTX7,gVT NUvEER / JOB NUvEFR Irmice Nor Description St Disc. Ant. Dist. dirt. Total: 200.00 V05804 BEST BFST & KRIE 8010125000-6301/505800-6301 574540 4/08 LGL-C2S BIL PD 0.00 385.70 V05804 BEST BEST & KRIE 8010125000-6301/505800-6301 574535 4/08 LGL HAMN PD 0.00 2,462.90 V05804 FEST BEST & = 8010125000-6301/505800-6301 574541 4/08 I.MrTEDI r PD 0.00 1,096.20 V05804 BEST BEST & = 8010125000-6301/505800-6301 574536 4/08 LGL-VAGaW PD 0.00 327.95 V05804 PEST BEST & Iq= 8010125000-6301/505800-6301 574537 4/08 LGL-810 ALS PD 0.00 518.72 V05804 = BEST & KRIE 8010125000-6301/505800-6301 574538 4/08 LCI, C= PD 0.00 1,035.30 V05804 E= REST & KRIE 8010125000-6301/505800-6301 574539 4/08 LM GUI ET PD 0.00 1,402.09 V05804 BEST E5T & KRIS 8010125000-6301/502801-6301 574529 4/08 LCA,-PLAN PM PD 0.00 1,238.30 PEIDd: 0.00 d: 8,467.16 Tbtal: 8,467.16 V10497 R\]B FDUn\E PJlU 8010125000-2745 11112 Cmtracts Pbl/Cb PD 0.00 -12,071.90 V10497 � B:�INEEP= 8010125000-7110/505700-7110 11112 ELK 36 OFFS U PD 0.00 120,719.00 PEID d: 0.00 d: 108,647.10 Tbtal: 108,647.10 V03503 Q-H= TTTLB CO 8010125000-6301/505800-6301 810015186X14 RB TION FEE/ FD 0.00 4,020.00 PEID id m�;d: 0.00 PPaaiid: 4,020.00 T-tal: 4,020.00 V06783 CTITSIl2EET 8000000000-3010 2315/080101212/08 PD 0.00 90.00 V06783 CITIS1REET 8000000000-3010 1310/0801012 112/08 PD 0.00 171.00 V06783 CITISII2EET 8000000000-3010 2310/0801012 12/08 PD 0.00 446.45 PEID Lhzp)aid: 0.00 Paid: 707.45 Tbtal: 707.45 V00348 02b'D17 HEALTH I 8000000000-3054 2435/0801012 PR412/08 PD 0.00 19.25 PEIDih�aid: 0.00 Paid: 19.25 Tbtal: 19.25 City of Azusa HP 9000 07/16/08 O P E N H 0 L D D B LISTING By PersaVEhtity Nacre Paqe 3 WID, JUL 16, 2008, 8:00 AM ---req: ROSE-------leg: GL JL,---loc: BI-=---j b: 599776 #01412---Fgn: CFAOO <1.34> rpt id: CHFL 02 SELECT FUD Oz'es: 80-82 ; Check Issue Dates: 060108-061508 PE ID PE Nave ALCIDCNT NUMBER / JC6 NUMBER Invoice N Ther 1)2 c,=ptical St Disc. Acct. Dist. Atrt. V10115 11M CCNIRA= 8110155000-6650/505300-6650 6022345464042408 FEPL/602W 57H S FD 0.00 8,000.00 PEIDted: 0.00 Paid: 8,000.00 Total: 8,000.00 V08010 aMIS LANCECP.PI 8010125000-6815 00812 FY 07/08 UTD NPS PD 0.00 440.00 PEID d: 0.00 Paid: 440.00 Total: 440.00 V00331 FEDERAL ESS 8010125000-6625/505700-6625 271911297 117052788/VII ZO PD 0.00 19.90 PEIDik-�d: 0.00 Paid: 19.90 Tbtal: 19.90 V09257 HARRIS MISIR[R:T 8110155000-6650/505300-6650 2039 FM1 L/540 E.= PD 0.00 6,065.00 PES d: 0.00 d: 6,065.00 Total: 6,065.00 V10575 HD=-SAM IN 8010125000-6399/505800-6399 12779 FD 0.00 7,102.29 V10575 HDGLE-I12ELADID IN 8110155000-6399 12782 HCZING PD 0.00 1,320.50 PEIDd0.00 d:: 8,422.79 Total: 8,422.79 V01916 JARA PETTY CASH, 8010125000-6625/505825-6625 052908 URMT NQG REERE FD 0.00 24.48 V01916 JARA PETTY CASH, 8010110000-6625 052908 IC50 SUPPLIES PD 0.00 32.42 PEID d: 0.00 d: 56.90 Tbtal: 56.90 V03126 LINCOLN NATICD AL 8000000000-3010 1320/0801012 12/08 FD 0.00 59.06 V03126 LTN= =CZ\AL 8000000000-3010 2325 V03126 Ln\l= =C1\AL 8000000000-3010 2320%0801012 B12/08 PD 0.00 250.43 City of Azusa HP 9000 07/16/08 O P E N H 0 L D D B LISTING By Frrr.� E/ tity Nacre Paqe 4 DSD, JUL 16, 2008, 8:00 AM ---req: =-------leg: GL JL---loc: BI-TFSI-I---job: 599776 #J1412---p9m: CE400 <1.34> rpt id: CHMIR02 . SEL87r FUD C 'xis: 80-82 ; Check Issue Dates: 060108-061508 PE ID PE Nacre ACC= ND'BER / JCB N[F2M Irnoioe Nxber D--=pticn St Disc. Ant. Dist. Amt. PEID Vaad: 0.00 Paid: 400.12 Total: 400.12 V03222 mazM F= CA 8010110000-6625 052708 Ptcgra[n Erper1se FD 0.00 34.76 FEIDd: 34. 076 Total: 34.76 V06713 C= 2a\]E= A 8000000000-2724 1225/0801012 FR412/08 FD 0.00 2.40 PEIDd: 0.00 Ilmd: 2.40 REC 7 Total: 2.40 V11092 Q= 0.00 440 000.00 V11092 CL= SiMIF� 88010125000-6645/505800-6645 10125000-7105/505800 7 05 061108 ACI�T/8� PD 0.00 540,000.00 PEIDd: 0.00 d: 980,000.00 Total: 980,000.00 V09080 Q-PINTLM C2ZMTI 8010125000-6399/505700-6399 AZ2008012 PRJ =-ELK 36 PD 0.00 37,130.00 PEID Lhuaaid: 0.00 Paid: 37,130.00 Total: 37,130.00 VV04138 � LIFE I 8000000000-3054 2410LIFE 1 8000000000-3053 %0801012 0801012 PR#12/08 PD 0.00 1.808 FD 0.00 7 MID d: 0.00 Paid: 4.37 Total: 4.37 V08056 SURD INSLFAN 8000000000-3044 1255/0801012 M12/08 M 0.00 141.44 PEIDLTrai d: 0.00 Paid: 141.44 Total: 141.44 L City of Azusa HP 9000 07/16/08 O P E N H 0 L D D B LISTING By E7htity Nave Pace 5 ED, JLL 16, 2008, 8:00 AM ---req: ROSE-------leg: GL JL---loc: BI-TFxS-I---jcb: 599776 #J1412---pam: CH 00 <1.34> rpt id: CHFLM02 SECFXT FUD Cafes: 80-82 ; Che Issue Dates: 060108-061508 FE ID PE Narre ACC= NIvBER / JOB NvEER Invoice Mzber D:.=pticn St Disc. Amt. Dist. Art. V10053 ST)b= INSURAN 8000000000-2725 1221/0801012 PR#12/08 PD 0.00 82.73 PEID U-paid: 0.00 Paid: 82.73 1btal: 82.73 V08056 SUU\URD INSL]RAN 8000000000-2725 1220/0801012 PR412/08 FD 0.00 52.03 PEDDd: 0.00 Paid: 52.03 01012 �$$ abtal: 52.03 0.00 581.97 V10166 L1�IICN Hai�V[ OF CA 8000000000-2727F CA 073 1130/0801012 PR#12/08 P08 PI) 0.00 248.03 PEID Ulm 0.00 Paid: 830.00 1btal: 830.00 V00876 K%SFBT= AJIL 1 8000000000-3010 2330/0801012 12/08 FD 0.00 50.00 V00876 [ lCN MICA 8000000000-3010 2335/0801012 12/08 FD 0.00 140.99 V00876 TASJIN.= nMA 8000000000-3010 1330/0801012 12/08 FD 0.00 9.00 PEIDUrn�aid: 0.00 Paid: 199.99 ��Tbbttral: 199.99 GRAND T OTA L paid: 1172,480.074 7btal: 1172,480.74