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AGENDA
REGULAR MEETING OF THE CITY
t• COUNCIL AND THE REDEVELOPMENT AGENCY
AZUSA AUDITORIUM MONDAY,APRIL 20, 2009
213 EAST FOOTHILL BOULEVARD 6:30 P.M.
AZUSA CITY COUNCIL
JOSEPH R. ROCHA
MAYOR
KEITH HANKS ANGEL CARRILLO
COUNCILMEMBER COUNCILMEMBER
URIEL E. MACIAS ROBERT GONZALES
MAYOR PRO-TEM COUNCILMEMBER
NOTICE TO THE PUBLIC
Copies of staff reports or other written documentation relating to each item of business referred to on the Agenda
are on file in the Office of the City Clerk and are available for public inspection at the City Library.
Persons who wish to speak during the Public Participation portion of the Agenda, shall fill out a card requesting to
speak and shall submit it to the City Clerk prior to the start of the City Council meeting. When called, each person
may address any item on or off the agenda during the public participation.
6:30 P.M. N.
CLOSED SESSION
1. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8) '
Agency Negotiators: City Manager Delach and Assistant City Manager Mak*affoff
Under Negotiation: Price and Terms of Payment
a. Address: 826 N. Azusa Avenue, Azusa, CA 91702
Negotiating Parties: Habem Chiropractic
b. Address: 803 N. Dalton Avenue, Azusa, CA 91702'
Negotiating Parties: Ramirez Masonry
Atlantis Gardens i
c. Address: 680 E. 6`" Street, Azusa, CA 91702
Negotiating Parties: Dianna & William Zurbuchen
d. Address: 602 Ccdarglen Drive, Azusa, CA 91702
Negotiating Parties: Pedro O. Zubillaga
e. Address: 636 Cedarglen Drive, Azusa, CA 91702 t
Negotiating Parties: Olga Sepulveda
f. Address: 809 N. Azusa
Negotiating Parties: CBS Outdoor(aka Viacom Outdoor) r
g. Address: 17525 E. Arrow Hwy (E/L 197' 68'x 110')
Negotiating Parties: CBS Outdoor (aka Viacom Outdoor) `
h. Address: 17525 E. Arrow Hwy (400'E. Azusa Ave)
Negotiating Parties: CBS Outdoor(aka Viacom Outdoor)
i. Address: 106 S. Azusa (Reader Board)
Negotiating Parties: Redevelopment Agency of the City of Azusa
2. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code Sec 54957.6)
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Organizations Executive Contracts
3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Gov. Code Sec. 54956.9(a)).
Farris v. City of Azusa, et al. !Los Angeles Superior Court, Case Number KC055075.
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.
1. Call to Order
2. Pledge to the Flag
3. Invocation—President Richard A. Walker of the Church of Jesus Christ of Latter-day Saints
A. PUBLIC PARTICIPATION
(PersonlGroup shall be all/wed to speak without interruption up to five(5)minutes maximum time, subject
to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's
questions or comments shall be handled after the speaker has completed his/her comments. Public
Participation will be limited to sixty(60) minutes time.)
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B. PORTS UPDATES AND ANNOUNCEMENTS FROM STAFF/COUNCIL
�l Mayo_r'Rochar" reque t for sponsorship in the amount of$200 to AP Students who will be attending the
Ron I— Reagan-Museum to seethe Magna Carta.
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04/20/09 PAGE TWO
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7 2. Request for proclamation in recognition of Jon Blickenstaff,former Mayor of La Verne and Chairman of the
Construction Authority Board who is retiring.
3. Request for certificate of recognition for Elvira Lopez who has been chosen as the 2009 Outstanding School
Crossing Guard of the Year for the City of Azusa.
4. Council confirmation of continued Committee Assignments.
C. SCHEDULEDITEMS
1. PUBLIC HEARING- APPROVAL OF AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF AZUSA,IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65858,
IMPLEMENTING A ONE-YEAR SECOND EXTENSION OF A MORATORIUM TEMPORARILY
PROHIBITING THE ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING
STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS
RECOMMENDED ACTION:
Consider any public comments,waive further reading,read by title only and introduce the following Urgency
Ordinance that will implement a second extension of Urgency Ordinance No.08-02("Interim Ordinance")
which established a temporary ban on massage businesses:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA,IN ACCORDANCE
WITH GOVERNMENT CODE SECTION 65858, IMPLEMENTING A ONE-YEAR SECOND
EXTENSION OF A MORATORIUM TEMPORARILY PROHIBITING THE ESTABLISHMENT OF
BUSINESSES OFFERING MASSAGES PENDING STUDY AND ADOPTION OF REGULATORY AND
ZONING STANDARDS
2. AUTHORIZATION TO NOTIFY UTILITY CUSTOMERS OF PUBLIC HEARING CONCERNING
WATER RATE ADJUSTMENT ON.TUNE 15, 2009.
RECOMMENDED ACTION:
a. Consider water rate adjustment options described in attached report by HDR Engineering to increase
revenues from water utility rates by 18% for FY 2009-2010 and 15.6% for FY 2010-2011; and
b Approve as tentative rates to be further considered at public hearing,the following: (a)meter charge changes
as proposed by HDR Engineering, and (b) alternative commodity rate changes that increase Tier 2
consumption charges and modify some tier consumption thresholds or breakpoints; and
c. Authorize staff to print and mail a 45-day advanced notice of public hearing to be held June 15, 2009.
04/20/09 PAGE THREE
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3. AUTHORIZATION TO NOTIFY PROPERTY OWNERS OF PUBLIC HEARING CONCERNING
REFUSE RATE ADJUSTMENT ON JUNE 15 2009.
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RECOMMENDED ACTION:
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Authorize staff to print and mail a 45-day advanced notice of public hearing to be held June 15, 2009 to
consider refuse rate adjustment.
D. CONSENT CALENDAR
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The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If
Councilmembers or Staff wish to address any item on the Consent Calendar individually, it will be
considered under SPECIAL CALL ITEMS.
1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF APRIL 6 2009.
RECOMMENDED ACTION:
Approve Minutes as written.
2. HUMAN RESOURCES ACTION ITEMS
RECOMMENDED ACTION:
Approve Personnel ActiorrRequests in accordance with Section 3.3 of the City of Azusa Civil Service Rules
and applicable Memorandum of Understanding(s).
3. ADOPTION OF SERVICES PRIORITY POLICY FOR LOWER INCOME DEVELOPMENTS IN
ACCORDANCE WITH SB 1087.
RECOMMENDED ACTION:
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Adopt Resolution No. 09-62, to provide water and sewer services priority for lower income residential
developments within the City of Azusa for sewer service and within Azusa Light&Water's water service
area for water service, in accordance with SB 1087
4. PURCHASE OF INTEROPERABILITY RADIO.
RECOMMENDED ACTION•
Approve the purchase of the Raytheon ACU-T tactical interoperability system, two Motorola radios,
associated parts, materials and installation from the lowest responsive bidder, Communications Center, in
the amount of$19,568.50.
04/20/09 PAGE FOUR
5. AUTHORIZATION TO SOLICIT BIDS FOR THE FOOTHILL BOULEVARD BOARDWALK
AND FOOTHILL/CITRUS INTERSECTION IMPROVEMENTS
RECOMMENDED ACTION:
Authorize staff to solicit bids for the Foothill Boulevard Boardwalk and Foothill/Citrus intersection
improvements.
6. AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH LEE
& RO INC. TO PREPARE A SEWER MASTER PLAN
RECOMMENDED ACTION:
Authorize staff to enter into a professional services agreement with LEE & RO, Inc. to prepare a Sewer
Master Plan for an amount not to exceed$668,800.
7. AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT —
TOPOGRAPHIC SURVEY AND MAPPING SERVICES FOR ALOSTA AVENUE AND
FOOTHILL BOULEVARD FROM CERRITOS AVENUE TO ROCKVALE AVENUE.
RECOMMENDED ACTION:
Authorize staff to enter into a professional services agreement with Norris Repke for a not to exceed fee of
$9,960 to provide topographic survey and mapping services for Alosta Avenue and Foothill Boulevard from
Cerritos Avenue to Rockvale Avenue.
S. REQUEST APPROVAL TO CONDUCT FORMAL BID PROCESS TO RETROFIT THE PRIME
MOVER.
RECOMMENDED ACTION:
Approve the commencement of the formal bid process for the procurement of custom vehicle retrofit
services for the Azusa Police Department,Office of Emergency Services"Prime Mover"vehicle.The funds
to contract with a specialty vehicle custom building company are fully reimbursable through the 2007 State
of California Homeland Security Grant Program.
9. REQUEST FOR LEAVE OF ABSENCE WITHOUT PAY-ACCOUNT SPECIALIST I.
RECOMMENDED ACTION:
Grant the request for a Leave of Absence without pay beginning April 2, 2009 through May 13, 2009, in
accordance with Azusa Civil Service Rules, Section 6.8, Subsection 6.81 Authorization.
10. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY.
RECOMMENDED ACTION:
Adopt Resolution No. 09-C33.
04/20/09 PAGE FIVE
CONVENED JOINTLY WITH THE REDEVELOPMENT AGENCY TO ADDRESS THE FOLLOWING:
E. CITY AND AGENCY AGENDA ITEM
1. PROPOSED CITY AND REDEVELOPMENT AGENCY-WIDE POLICY REGARDING THE
LEASING OF CITY AND REDEVELOPMENT AGENCY OWNED PROPERTY FOR RETAIL
SALES EVENTS.
RECOMMENDED ACTION:
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Waive further reading and adopt Resolution Nos.09-C34(City)and 09-R25(Agency),establishing a policy
regarding the leasing of City and Redevelopment Agency owned property for retail sales events.
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F. AGENCY CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If
Boardmembers or Staff wish to address any item on the Consent Calendar individually, it will be
considered under SPECIAL CALL ITEMS.
1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF APRIL 6 2009.
RECOMMENDED ACTION•
Approve Minutes as written.
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2. PROFESSIONAL SERVICE CONTRACTS REPORT THROUGH MARCH 31 2009.
RECOMMENDED ACTION•
Review and file the report.
3. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE AGENCY.
RECOMMENDED ACTION•
Adopt Resolution No. 09-R26.
G. ADJOURNMENT
1. Adjourn.
04/20/09 PAGE SIX
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UPCOMING MEETINGS:
April 27, 2009, Utility Board Meeting—6:30 p.m. (Light and Water Conference Room)
May 4, 2009, 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,and Azusa 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.
04/20/09 PAGE SEVEN
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ORDINANCES
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: POLICE CHIEF BOB GARCIA AND CITY ATTORNEY SONIA CARVALHO
VIA: F.M. DELACH, CITY MANAGER A)I`✓'
DATE: April 20, 2009
SUBJECT: APPROVAL OF AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF AZUSA, IN ACCORDANCE WITH GOVERNMENT CODE
SECTION 65858, IMPLEMENTING A ONE-YEAR SECOND EXTENSION OF
A MORATORIUM TEMPORARILY PROHIBITING THE ESTABLISHMENT
OF BUSINESSES OFFERING MASSAGES PENDING STUDY AND
ADOPTION OF REGULATORY AND ZONING STANDARDS
RECOMMENDATION
It is recommended that the City Council consider any public comments, waive further reading,
read by title only and introduce the following Urgency Ordinance that will implement a second .
extension of Urgency Ordinance No. 08-02 ("Interim Ordinance") which established a temporary
ban on massage businesses:
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, IN
ACCORDANCE WITH GOVERNMENT CODE SECTION 65858, IMPLEMENTING A ONE-
YEAR SECOND EXTENSION OF A MORATORIUM TEMPORARILY PROHIBITING THE
ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING STUDY AND
ADOPTION OF REGULATORY AND ZONING STANDARDS
BACKGROUND
On April 21, 2008, the City Council adopted an Interim Ordinance enacting a forty-five (45) day
moratorium on the establishment of businesses offering massages pending study and adoption of
regulatory and zoning standards in order to protect the public health, safety and welfare.
On May 22, 2008, the City Council received and filed a written report pursuant to Government
Code Section 65858 describing the measures taken to alleviate the condition which led to the
adoption of this moratorium. These measures included: (1) holding an "all hands" staff meeting
between Police Department staff members and Economic and Community Development
Department staff members to discuss the issues that need to be addressed; (2) assessing the total
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GRAN G E\RMOI N\55314.1
number of massage establishment permits and massage technician permits that have been applied
for in the City to date; (3) researching the number of massage establishments in surrounding
cities and the land use impacts experienced by those cities.
On June 2, 2008, the City Council adopted Urgency Ordinance No. 08-04 extending the Interim
Ordinance by ten (10) months and fifteen (15) days.
Government Code Section 65858 permits a second extension of the Interim Ordinance of one (1)
year, subject to notice, a public hearing, and a finding that there is a current and immediate threat
to the public health, safety, or welfare, and that the approval of additional entitlements for
massage businesses would result in that threat to public health, safety, or welfare. Section 65858
also requires another written report from the City Council describing the measures taken to
alleviate the condition which led to the Interim Ordinance. This written report must be issued at
least ten(10) days prior to the expiration of the first extension of the Interim Ordinance.
On April 6, 2009, the City Council received and filed the written report, which indicates that the
since the enactment of the first extension of the Interim Ordinance, the following actions have
been taken: (1) The City has contacted and met with other law enforcement agencies in Southern
California regarding their approach to regulating massage businesses; (2) The City has been in
communication with the Los Angeles County Sheriffs Dept. (LASD) VICE team regarding their
arrest of a massage technician for prostitution at a massage business in the City. The conditional
use permit for the business employing the massage technician was subsequently revoked; (3)
Azusa law enforcement, in conjunction with LASD VICE has performed on the ground research
into existing massage businesses; and (4) City staff attended a workshop on SB 731 and has met
to determine how best to implement its provisions while ensuring that the problems associated
with massage businesses do not harm the City. In addition, City staff and Azusa law
enforcement officials have held an ongoing dialogue regarding effective approaches to regulating
massage businesses and properly responding to SB 731.
DISCUSSION:
A second extension of the Interim Ordinance is necessary to allow City Staff and the City
Attorney additional time' to study and adopt regulatory and zoning standards for massage
establishments. The City currently lacks comprehensive zoning regulations regarding the
placement and concentration of massage businesses. Such regulations are necessary to help law
enforcement determine the legitimacy of such businesses and to ensure thatAzusa is not
identified as a community without strict requirements or enforcement habits regarding massage
businesses. Furthermore, the City needs additional time to review its massage business
regulations in light of recent state law enactments precluding local regulations in some instances.
The specific conditions and issues which prompted the adoption of the Interim Ordinance will
require special attention and study in order for City Staff and the City Attorney to properly
address them. A second extension of the Interim Ordinance will provide the City with needed
time to thoroughly consider the problems and possible solutions, while ensuring that new
massage businesses are not created until a solution has been put into action. Therefore, a second
extension of the Interim Ordinance is necessary and appropriate in order to the protect the public
health, safety, and welfare from the increasing amount of illegal activity, including prostitution,
related to massage businesses.
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ORAN GE\RMOI N\55314.1
In accordance with Government Code Section 65858, the preceding information was made
available to the public ten (10) days prior to the scheduled public hearing for the second
extension of the Interim Ordinance. A copy of that document is attached to this report.
The attached Urgency Ordinance would extend the Interim Ordinance a second time for an
additional one (1) year, pursuant to Government Code Section 65858.
FISCAL IMPACT
The proposed Urgency Ordinance will not have any fiscal impact.
ENVIRONMENTAL IMPACT
The proposed Urgency Ordinance for a second extension of the Interim Ordinance is not subject
to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
Attachments: 1. Urgency Ordinance
2. Written Report Pursuant to Government Code Section 65858
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ORAN 6E\RMOI N\55314.1 -
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF AZUSA, IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 65858, IMPLEMENTING
A ONE-YEAR SECOND EXTENSION OF A
MORATORIUM TEMPORARILY PROHIBITING THE
ESTABLISHMENT OF BUSINESSES OFFERING
MASSAGES PENDING STUDY AND ADOPTION OF
REGULATORY AND ZONING STANDARDS
WHEREAS, the City Council of the City of Azusa ("City Council") adopted Urgency
Ordinance No. 08-02 at its regular meeting on April 21, 2008, establishing a forty-five (45) day
moratorium temporarilyjprohibiting the establishment of businesses offering massages pending
study and adoption of regulatory and zoning standards, as set forth in the attached Exhibit A; and
WHEREAS, the City Council subsequently adopted Urgency Ordinance No. 08-04 on
June 2, 2008, extending! the moratorium for a period of ten (10) months and fifteen (15) days
pursuant to Government Code Section 65858, as set forth in the attached Exhibit 13; and
WHEREAS, Government Code Section 65858 permits a second extension of an interim
ordinance for an additional year, subject to certain findings, a written report, notice, and public
hearing; and
WHEREAS, all findings in Urgency Ordinance No. 08-02 for implementing the initial
moratorium, regarding the existence of a current and immediate threat to the public safety, health
and welfare continue to exist and be valid; and
WHEREAS, the City Council finds that the approval of additional use permits or any
other applicable entitlement for use for businesses offering massages will result in a current and
immediate threat to the public safety, health and welfare; and
WHEREAS, the City Council, acting through its planning staff, has issued the written
report required pursuant to Government Code Section 65858, attached hereto as Exhibit C and
incorporated herein by this reference, describing the measures taken to alleviate the conditions
which led to the adoption of Urgency Ordinance No. 08-02, and this extension thereof; and
WHEREAS, Government Code Sections 65858, 36934-and 36937 expressly authorize
the City Council to adopt an urgency ordinance prohibiting any uses which may be in conflict
with contemplated general plan, specific plan or zoning which the City Council or the
Community Development Department is considering, is studying, or intends to study within a
reasonable period of time; and
WHEREAS, subsequent to providing notice pursuant to Government Code Section
65090, the City Council has conducted a public hearing on the extension proposed in this
Urgency Ordinance.
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THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS
FOLLOWS:
SECTION 1. FINDINGS
The City Council hereby finds and determines that the absence of adequate regulation of
the operations of massage establishments and massage technicians, as well as the location of
massage establishments, continues to be an immediate threat to the public health, safety and
welfare. Without adequate regulation, the approval of additional permits or entitlements for the
operations and/or location of massage establishments would result in a threat to the public health,
safety and welfare. Therefore, the adoption of this ordinance is necessary for the immediate
protection of the public safety, health and welfare.
SECTION 2. EXTENSION OF MORATORIUM
This Urgency Ordinance shall extend Urgency Ordinance No. 08-04, which temporarily
prohibits the establishment of businesses offering massages, and the transfer of any existing
massage establishment permit, pending study and adoption of regulatory and zoning standards.
This Urgency Ordinance is adopted under the provisions of Government Code Sections 65858
and 36937(b) and the City's general police power granted by the California Constitution, and it
shall take effect immediately upon its passage by a four-fifths (4/5) vote of the City Council.
SECTION 3. TERM
This Urgency Ordinance shall cause Urgency Ordinance No. 08-02 to continue in full
force and effect for a term of 1 (one) year from the date this Urgency Ordinance is adopted,
unless earlier repealed.
SECTION 4. CEQA
The City Council finds that this ordinance is not subject to the California Environmental
Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity
is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to
the environment, directly or indirectly.
SECTION 5. SEVERABILITY
If any provision of this ordinance or the application thereof to any person or circumstance
is held invalid, such invalidity shall not affect other provisions or applications of this ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this ordinance are severable. The City Council hereby declares that it would have
adopted this ordinance irrespective of the invalidity of any particular portion thereof.
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SECTION 6. WRITTEN REPORT
At least ten (10) days before this Urgency Ordinance expires, the City Council shall issue
a written report describing the measures taken to alleviate the condition which led to the adoption
of Urgency Ordinance No. 08-02, implementing the initial moratorium.
SECTION 7. PUBLICATION
The City Clerk shall certify to the adoption of this Urgency Ordinance and cause it, or a
summary of it, to be published once within fifteen (15) days of adoption in a newspaper of
general circulation printed and published within the City of Azusa, and shall post a certified copy
of this Urgency Ordinance, including the vote for and against the same, in the Office of the City
Clerk in accordance with Government Code Section 36933.
PASSED, APPROVED, AND ADOPTED this day of 2009
JOSEPH R. ROCHA
MAYOR
ATTEST:
VERA MENDOZA
CITY CLERK
APPROVED AS TO FORM:
BEST BEST& KRIEGER LLP
CITY ATTORNEY
f �
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
Urgency Ordinance No. was duly introduced and adopted at a regular meeting of the City
Council on the day of 2009,by the following roll-call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
VERA MENDOZA
CITY CLERK
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL
VIA: FRANCIS M. DELACH, CITY MANAGER ,�Q��d4
FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES`
DATE: APRIL 20, 2009
SUBJECT: AUTHORIZATION TO NOTIFY UTILITY CUSTOMERS OF PUBLIC
HEARING CONCERNING WATER RATE ADJUSTMENT ON JUNE 15, 2009
RECOMMENDATION
It is recommended that the City Council:
A. Consider water rate adjustment options described in attached report by HDR Engineering
to increase revenues from water utility rates by 18% for FY 2009-2010 and 15.6% for FY
2010-2011; and
B. Approve as tentative rates to be further considered at public hearing, the following: (a)
meter charge changes as proposed by HDR Engineering, and (b) alternative commodity
rate changes that increase Tier 2 consumption charges and modify some tier consumption
thresholds or breakpoints; and e— 3/
C. Authorize staff to print and mail a 45-day advanced notice of public hearing to be held
June 15, 2009,
EXECUTIVE SUMMARY
As a result of increased debt service obligations, a 17.8% reduction in consumption due to water
conservation, and deletion of multi-dwelling meter charges, a budget shortfall is projected for FY
2009-2010 in amount of at least $6.2 million. The approved 6% increase in water rates that is
scheduled to go into effect July 1, 2009, is not sufficient to meet our forecasted total revenue
requirement of $18.65 million or $14.7 million retail revenue requirement. In working with a
consultant, HDR Engineering, approved by the Utility Board back in January 2009, staff is
recommending that next year's revenue shortfall be filled with a combination of reserve funds
and revenues from a higher rate adjustment. Rate adjustment options are provided in attached
report, which have varying impacts on individual consumers. Staff recommends a second year
rate adjustment be approved at the same time to demonstrate the City's commitment to meet debt
coverage obligations by FY 2010-2011. Even with the significant rate adjustments proposed
herein, Azusa customers will enjoy one of the lowest water rates of surrounding cities and a high
quality supply of water provided using the latest technologies. A notice of proposed rate changes
must be provided to the public 45 days in advance of a public hearing which staff is proposing
for June 15, 2009.
Page 1
BACKGROUND
2006 Revenue Bonds
Prior to the current economic downturn, and in December 2006, Azusa Light & Water issued
$54.85 million in debt in the form of revenue bonds to pay for various required water utility
infrastructure. A significant portion of the bond funds were used to construct a new water
treatment plant which was made necessary due to new water quality standards; funds were also
used to install associated transmission lines to connect the treatment plant with the water
distribution system and to provide funding for reservoirs and pump stations to support the
Rosedale Development. As part of the 2006 Revenue Bond financing, debt service payments
were structured in such a way to increase over time so that water rates could be increased
gradually to cover the added cost of debt repayment over a period of 32 years.
Bond financing agreements entered into by the City require that Net Income of the utility be
equal to 1.25 times debt service payments. Such requirement guarantees the City's ability to pay
bondholders out of annual operating revenues from year to year. This is referred to as the "debt
coverage" ratio or requirement, and for the past two fiscal years the City has met this
requirement for both the 2006 revenue bonds and the 2003 certificates of participation or COPS
that were issued to refinance debt associated with the purchase of the Azusa Valley Water
Company in 1993.
Financial Obstacles to Meeting Debt Coverage Ratio
During 2006, when the added debt was contemplated, it was believed that two rate adjustments
of 6% over 3 years, plus added growing revenue from the increased housing at Rosedale, would
help the Utility come close to meeting the debt coverage requirements of the bond documents for
FY 2009-10. However, a number of events or circumstances emerged since 2006, which have
had a negative effect on the water utility's operating revenues. These include the following:
A. The economic downturn stopped housing development in Rosedale and did not result in
the expected number of additional customers. Also, residential customer counts declined
outside the city, most likely due to higher foreclosure rates. These impacts are about
$400,000 to $500,000 per year. The economic downturn has also affected interest
income on the water utility reserve funds, which is used to support capital improvements.
The combined effect of these impacts makes up about 7.5% of our retail revenue
requirement.
B. The most severe drought in the City's history occurred and was compounded by the
limitation of export water from the Sacramento Delta. These events forced the water
utility to aggressively promote water conservation, which, in tum, caused the water utility
to lose revenue at a time when additional revenue was needed. According to HDR, water
consumption was reduced by 17.8% in 2008 compared to 2006. This impact is about
$2.7 million annually, or about 18.4% of our retail revenue requirement. This estimate
does not include the increased cost of water(when such water is available for purchase).
C. Inequities in the rate structure were discovered in the form of a sub-meter charge in 2008,
and these were eliminated beginning July 1, 2008, which reduced water utility revenues
further by about $750,000 per year, or about 5.1% of our retail revenue requirement.
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Page 2
Operating Budget Shortfall Predicted
Due to the above factors and based on billing amounts to date, staff forecast that revenue from
rates will be about $12.46 million through the end of this fiscal year, and this trend is likely to
continue into the next year or two. This forecast does not include revenue from Replacement
Water Cost Adjustment Factor (RWCAF), Drought Charge, interest income or other
miscellaneous revenues--just income from water services and commodity charges. Considering:
(a) $3 million in annual debt service required in upcoming fiscal year, (b) realistic operating
budget expenditure forecast, (c) conservative capital expenditure forecast, and (d) offsetting
costs with non-rate revenues, our net revenue requirement for FY 2009-10 is estimated to be
about $18.65 million from all sources of revenue, or $14.7 million from retail revenues. This
results in a funding gap of$2.24 million between forecasted rate revenue ($12.46 million) and
retail revenue requirement ($14.7 million) and this gap cannot be made up by the approved 6%
rate increase scheduled to go into effect July 1, 2009. This is the basic finding of the attached
consultant report.
Considerations in Funding the Gap
The environment in which the water utility is operating is very dynamic, especially regarding
drought conditions, purchased water costs, and the economy. Over this next year, for example, it
appears that the Utility may have to promote additional water conservation. This could further
erode forecasted revenues, including those from proposed increases. Also, outside agencies such
as MWD and Upper District have increased their rates for water. While some of these costs may
be paid using RWCAF revenues, a portion of these costs can still affect our operating expenses
and need for additional rate revenue. For these reasons, in working with the consultant, staff felt
that it was important to not look beyond two years, and that meeting the debt coverage ratio
requirement is of the utmost importance at this time.
Other factors considered in working with the consultant included: (a) current state of the
economy and hardship effect on consumers; (b) last fiscal year end reserve of$25 million; (c)
Azusa Light & Water's water rates compared to surrounding water utilities; and (d) need for
continued water conservation and what such conservation could mean in terms of additional
revenue reductions.
Based on above considerations, staff directed the consultant to formulate rate adjustment to meet
debt coverage ratio in two years, and that revenue increase in first year not be more than 18%.
Staff acknowledge that this will result in operating revenue shortfall during FY 2009-2010,
however, staff propose that a portion of the shortfall be funded with retained earnings given
adequate amount of reserves on hand and low interest income on reserves currently. Since an
18% increase in revenues will not be adequate to meet debt coverage next year, it is proposed
that a second year rate adjustment be approved at the same time that is high enough to
demonstrate City's commitment to meet the debt coverage requirement. HDR estimates that a
second year increase of 15.6% will be sufficient to meet the debt coverage requirement of 1.25 in
FY 2010-2011. Also, staff requested the consultant to develop an emergency rate schedule that
would go into effect should the City declare a Phase III water shortfall which would target an
additional 10% reduction in consumption.
Page 3
Revenue Requirement and Rate Adjustment Options
In considering above items, HDR formulated the water utility revenue requirements for the next
two fiscal years. Using standard cost of service principles for water rate studies, HDR split the
revenue requirement for FY 2009-2010 of$14.7 million into $6,171,556 to be apportioned
through meter charges, and $8,530,328 to be apportioned through commodity charges. While
three alternatives are presented in HDR's report for commodity charges, only one option is
proposed for meter service charges.
Meter Charges
Proposed meter charge changes are set forth below:
Meter Service Charges ($/month/meter) (FY'09-10)
Service Current Scheduled Increases (b) Proposed New Rates
Size Charges lal _ %Change(d) Change
(c) (d)
5/8-3/4" $12.50 $13.25 6.0% $14.74 17.9%
1" $17.61 $18.67 6.0% $20.99 19.2%
11/2" $30.27 $32.09 6.0% $36.50 20.6%
2" $45.53 $48.27 6.0% $55.18 21.2%
3" $93.91 $99.54 6.0% $114.39 21.8%
4" $157.46 $166.91 6.0% $192.18 22.1%
6" !$322.80 $342.17 6.0% $394.56 22.2%
8' $462.65 $490.41 6.0% $565.75 22.3%
10" '$742.44 $786.98 6.0% $908.21 22.3%
12" $1,098.44 $1,164.35 6.0% $1,343.98 22.4%
Commoditv Charges
Alternative 1- Standard Cost of Service. This Alternative was formulated by the Consultant
based on standard cost of service principles whereby costs are allocated in proportion to water
consumed by respective customer class. This alternative results in changes to Tier 1 rates, Tier 2
rates and various Breakpoints as shown below.
Current and Alternative 1 Commodity Rates (Frog-lo)
Customer Current Rate Structure New Rate Structure
Class Tier 1 1 Breakpoint Tier 2 Tier 1 Breakpoint Tier 2
5/8"-1" Meters $0.871 18 ccf $1.378 $0.982 12 ccf $1.553
1.5"- 2" Meters $0.871 130 ccf $1.378 $0.982 120 ccf $1.553
3"- 4" Meters $0.871 670 ccf $1.378 $0.982 600 ccf $1.553
6" - 10" Meters $0.871 13,000 ccf $1.378 $0.982 10,000 ccf $1.553
Golf Course (c) $1.070 -- $1.223 --
PROS
• Meets revenue requirement
Page 4
• Allocates cost in proportion to amount of water consumed
CONS
• No relief for low consuming water customers,and no disincentive for higher consuming
customers
Alternative 2 - 18% Across-the-Board Rate Change. As name suggests, this alternative changes
existing tiered rates across-the-board by a fixed percentage amount, 18%. This alternative is
formulated for illustrative purposes since it has the appearance of being equitable.
Current and Alternative 2 Commodity Rates (Frog-1o)
Customer Current Rate Structure New Rate Structure
Class Tier 1 Breakpoint Tier 2 Tier 1 Breakpoint Tier 2
5/8"-1" Meters $0.871 18 ccf $1.378 $1.028 18 ccf $1.626
1.5"- 2" Meters $0.871 130 ccf $1.378 $1.028 130 ccf $1.626
3"- 4" Meters $0.871 670 ccf $1.378 $1.028 670 ccf $1.626
6" - 10" Meters $0.871 13,000 ccf $1.378 $1.028 13,000 ccf $1.626
Golf Course (c) $1.223 $1.223
PROS
• Easy to understand and appears equitable
CONS
• Due to consumption pattern changes, where certain customer classes have conserved more water
than others, it is not as equitable as it appears.
• Since Tier Breakpoints are unchanged, it actually falls short of revenue requirement.
Alternative 3 - Conservation Rate Schedule. This alternative keeps tier 1 rates where they are
and makes up the revenue requirement by changing tier 2 rates and tier breakpoints. It makes it
more costly to consume larger quantities of water, thus encouraging conservation.
Current and Alternative 3 Commodity Rates (Frog-1o)
Customer Current Rate Structure New Rate Structure
ClassCTierBreakpoint Tier 2 Tier 1 Breakpoint Tier 2
5/8"-1" Meter18 ccf $1.378 $0.871 12 ccf $1.690
1.5"- 2" Mete130 ccf $1.378 $0.871 100 ccf $1.690
3"-4" Meters 670 ccf $1.378 $0.871 600 ccf $1.690
6" - 10" Mete13,000 ccf $1.378 $0.871 10,000 ccf $1.690
Golf Course -- -- $1.223
PROS
• For low income, low water consuming customers, such as senior citizens,relatively little rate
change since rate for tier 1 service is unchanged
• Increases Tier 2 Rate higher than Alternative 1, which could provide incentive for customer to
reduce consumption.
• Modeling shows this would meet revenue requirement
Page 5
CONS
• Higher consuming residential customers would be subject to higher overall costs than lower
consuming customers
• Reductions in consumption may mean more volatility in revenue than Alternative I
Staff are recommending that Alternative 3 in above be considered for adoption by the City
Council along with an Emergency Rate Schedule that features a third tier rate that would
go into effect if the City were to declare a Phase III water shortage.
The purpose of this Emergency Rate Schedule is to meet our revenue requirement during a
period when mandatory water conservation measures are put into effect which target a 10%
reduction in consumption. Below is a proposed Emergency Rate Schedule for Alternative 3:
Emergency Rate Structure — Rates & Tier Breakpoints (Fv'os-10)
Customer
Class Tier 1 Breakpoint Tier 2 Breakpoint Tier 3
5!8"-1" Meters $0.87 12 ccf $1.842 36 ccf $2.623
1.5"- 2" Meters $0.87 100 ccf $1.842 200 ccf $2.623
3"- 4" Meters $0.87 600 ccf $1.842 1,200 ccf $2.623
6" - 10" Meters $0.87 10,000 ccf $1.842 20,000 ccf $2.623
The above 3 tier rate structure is intended to be "revenue neutral" since it only adds revenue lost
as a result of conservation. Such structure is not currently in place and so the Water Utility has
no means of making of for lost revenue as a result of conservation.
i
Page 6
Water Rate Survey
Utilities Department staff recently conducted a water rate survey of surrounding water utilities or
cities and found that rates vary widely. Rate information was gathered on our most common
service level, a 3/4" meter, and consumption was assumed to be 17 hundred cubic feet (ccf) per
month. Below shows the comparison of current rates and proposed rate that would result from
adoption of Alternative 3 rates. Total costs below are shown as Bi-Monthly costs.
2009 Water Rate Survey
Golden State.. $110.23
Golden State(San.. . .. .I:,.I-"c ;a•-n_,,., .:n__" $110.23
Rowland Water.. $108.70
La Verne - - - m $107.02
Pomona ---m $88.25
Alhambra $87.44
Glendora - - ---- - - $84.22
Suburban(West.. ......:.. ....:..__.,-....:..,.-.._ LL... .._:- $76.81
Suburb an(Covina) $76.61
Covina ----- = -- - - - - - - $75.12
2010 AZUSA RATE $74.49
2009AZUSA RATE i $66.64
Monrovia i.� - --_ - $65.06
Cal Am(Duane) 1— - — -- $61.99
Monterey Park 1—� - --= - - $58.80
Azusa 1 54.61
$0 $20 $40 $60 $80 $100 $120
FISCAL IMPACT
The 18% increase in revenues will amount to about $2.242 million during FY 2009-10. This
amount will not be adequate to meet debt coverage obligations in FY 2009-2010, and so an
additional increase of 15.6% is proposed for FY 2010-11, which will generate about $2.293
million in additional revenue. While this level of revenue may be adequate to meet our debt
coverage requirements in FY 2010-11 as estimated by the consultant, it is not expected to
provide adequate revenue to meet our long-term capital improvement needs, and so our reserves
would decline, by approximately $4 million next fiscal year. However, given the dynamic
environment of the economy and water supply conditions, staff is recommending that the
forecast model be updated this time next year to revisit the adequacy of the rates to meet our debt
service needs, capital improvement requirements and reserve requirements.
Prepared by:
Joseph F. Hsu, Director of Utilities
Cary Kalscheuer, Assistant to the Director of Utilities
Exhibits:
1. Draft Public Notice of City Staff Recommended Rates
2. Consultant Report from HDR Engineering
Page 7
NOTICE OF PUBLIC HEARING
WATER RATE INCREASE
JUNE 15, 2009 A Z U S A
NOTICE IS HEREBY GIVEN that pursuant to Article XIIID of the California Constitution,the City Council of the City of Azusa will hold a
PUBLIC HEARING to consider an increase in rates for water services effective for bills rendered on or after July 1, 2009. This notice is
being mailed to customers of record subject to the water rate increase.
Said PUBLIC HEARING will be held at the regular meeting of the City Council of the City of Azusa on MONDAY, JUNE 15, 2009, at 7:30
P.M., or as soon as possible thereafter, in the Civic Auditorium, 213 E. Foothill Blvd.,Azusa.
The City Council will be considering adoption of two water rate adjustments, one effective July 1, 2009 and the second effective July 1,
2010. The proposed new water rate schedule is included in this notice and an example of the typical residential rate adjustment is provided
below. Read further for more information.
Typical Residential ' MonthCharges
Rate Ad ustment for 1/4/200'9 Current - Pro D osed
5/8"-3/4"Meter $12.50 $14.74
Consumption @ 17 ccf/Month $14.81 $18.90
Total $27.31 $33.32
Typical Increase for Residents 22%
Current and Proposed Monthly Meter Service Charges
'.July 1,2008 1 July 1,2010
$12.50 $14.74 $17.03
1 $17.61 $20.99 $24.26
$30.27 ;_ $36.50 $42.18
2 $45.53 '$55:18 $63.76
y3 `' $93.91 $114.39 $132.18
4 $157.46 $192.18 $222.08
6' $322.80 '$394.56; $455.95
8i' $462.65 ` $565.75 $653.78
10" $742.44 $908.21 $1,049.53
12 `_ $1,098.44 $1,343.98 $1,553.10
Increases in Tota!Rate
18:0%. 15.6%
Revenue
Proposed COmrrlodiW Rates-"for Fiscal Year2009-2010 and Fiscal Year 2010-2011
IBM �_CAM
` Customer Class's= Tier -',Rates" Breakpoints Bieakpo_nts July1,2009 July,1,2010am_ Wawa
rbt' f
Tier $0.871 18 ccf 12:ccf $0.871 $1.007
5/8" -"1" Meters
Tier2 " $1.378 $1.690 $1.953
Tier 1 $0.871 130 ccf 100 ccf" $0.871 $f.007'
1.5"- 2" Meters.
Tier $1.378 $1.690 $1.953
Tier $0.871 670 ccf 600 ccf $0.871 $1.007
3'-4" Meters Tier $1.378 . $1.690 $1.953
Tier 1 $0.871 13,000 ccf 10,000 ccf $0.871 $1.007.
6"--10' Meters 2 Tier $1.378 $1.690 $1.953
Golf Course 1$1.07o, . $1.223 $1.413 . .
Tier l $0.87918 ccf 12 ccf $0.871 $1:007
5/8" - 1" Meters Tier $1.378 36 ccf $1.842 $2.129
Tier 3 $2.623 $3.031
Tier i $0:871 :_ 1130 ccf -`.100 ccf $0.871-- $1:007 -
1 5 '2 Meters Tier2 $r.378n:'" 200 ccf ., $1.842 ; $2.12Q
s x ` Tier 3 r-' 3 $2.623 $3.031:'
Tier'1 $0.871 670 ccf 600 cc
l, $0.871 ;'$1.007.'
3"- 47 Meters Tier $1.378' :1,200 ccf $1.842 $2.129`: .
Tier 3 $2.623 $3.031 . '
Tier 1 $0.871 13,000 ccf :10,000 ccf $0.871 $1.607
6"- 10" Meters Tier $1:378 '20,000 ccf $1.842 $2.129
Tier 3 $2.623 ! $3.031 .
Golf Courser $11070 $1.359 $1.571
Increases in Total Rate Revenue 18.0% 1 . 15.6%
Further details regarding the bases and reasons for the proposed water rate changes are available at the City Clerk's office at 213 E.
Foothill Boulevard in Azusa and may be reviewed by any interested person. The rate adjustment effective July 1,2009, is expected to
increase annual revenues to the water utility by 18%, and the increase effective July 1, 2010, is expected to increase water utility revenues
by 15.6%. Proceeds from these rate adjustments will be used to pay for operating cost increases, increase debt service payments for new
capital improvements, including construction of new water treatment plant,and to pay costs incurred to make other improvements to
maintain the City's water system. For a comparison of how City of Azusa's water rates compare with those of neighboring cities and water
utilities, please logon to our website at http://www.azusalw,com
At the time of the public hearing,the City Council will hear and consider all protests'and objections concerning the proposed water rate
adjustments and modifications to the service fee schedule. Upon conclusion of the hearing, the City Council will consider, and may adopt,
the proposed water rate adjustments and a new multi-year fee schedule to recover the cost to service various types of water utility
customers. If written protests against the proposed rate adjustments and fee schedule are not presented by a majority of owners of the
identified parcels upon which the rates and fee schedule are proposed to be imposed,the City Council will be authorized to impose the rates
and fee schedule.
Comments or protests to the proposed water rate increase must be delivered in writing to the City Clerk, City of Azusa,213 East Foothill
Boulevard,Azusa, CA 91702, prior to the public hearing on June 15,2009. Written protests may also be submitted at the public hearing so
long as they are received prior to conclusion of the public hearing. Please include your service address(es)or parcel number(s), your name
and contact telephone number in your written protest.
If you have any questions about this notice or proposed changes to water rates, please call Customer Service at(626)812-5225. Copies of
the proposed resolution for adoption of the water rate changes are available by calling the above-mentioned telephone number or at the
above-mentioned web site. Thank you.
JlY` COMPANYONE
I'
April 13, 2009
Mr.Joseph Hsu, Director of Utilities
Azusa Light & Water
City of Azusa
729 North Azusa Avenue
Azusa, CA 91702
RE: HDR's Municipal Water Rate Study - Final Report
Dear Mr. Hsu:
The attached report summarizes our evaluation of Azusa Light&Water's (AL&W) water
utility rates and financial plans for the next several years., including:
• Evaluating modifications to the water rate structure to further promote conservation
and provide more revenue stability.
• Developing an emergency rate structure that can be implemented, should the City
encounter a Phase 111 drought condition.
This report has been prepared using "generally accepted" rate setting techniques. The
AL&W's accounting, budgeting, and billing records were the primary sources for the data
contained within the report. Our results provide the basis for developing and
implementing rates that are cost-based and defensible to your customers.
We have worked closely with you and your staff on this study and greatly appreciate your
assistance and input-in developing this report. Thank you for the opportunity to provide
this technical assistance.
Sincerely,
Greg Clumpner
Project Manager
GCC:gc/09052
HOA Engineering, Inc. 12365 iron Point Road, Suite 300 I Phone(916)817-4700
Folsom,CA 95630 Fax (916)817-4747
w .hdrincxom
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Table of Contents
TableofContents............................................................................................................................................i
ListO[Figures .................................................................................................................................................i �
ListofTables...................................................................................................................................................i
Chapter l Introduction and Summary......................................................................................................... l
Chapter 2 -Results ofthe Analysis............................................................................. ...................................4
RevenueRequirements.................................................................................................................................4
FinancialPlan................................................................................................ .................................................3
DebtCoverage Ratios ...................................................................................................................................6
Fonctk)na)izedCost Allocation...................................................................................................................7
Calculation of Meter Service Charges ........................................................................................................8
Calculation 0fCommodity Rates................................................................................................................4
Impacts onMonthly Water Bills................................................................................................................l4
CommodityRate Alternatives...................................................................................................................l5
Chapter 3 -Conclusions and Recommendations........................................................................................18
Conclusions..................................................................................................................................................lR
Recommendations.......................................................................................................................................l8
�
List of Figures
Figure l ' Projected Water Requirements and Water Consumption.-----...............2
Figure 2' Monthly Water Bills for S/8" - l~ Meters bvConsumption Level..........................................l4
List of Tables �
Table l 'Proposed (-oo|-of'SeTviceCommodity Rates(yY'09'l0through FY'l3'l4)..-...........2
Table 2-Current and Proposed [.uotuf-ServiceMeter Service Charges................... ..............................3
Table Water Fund -Summary ofBudgeted and Projected RerenneRequircnoeu(y...........5
Table 4 ' Five-Year Water Fund Financial Plan ............................................ ...............................................h
Table 5 -Projected Dc6LService (-overageDabo*....-.-------............---......7
Table 6 'Summary o(Rate Revenue 8cCost Allocations (FY'09'l0) ..........................................................0
Table 7 'Calculation of Proposed (-oot-of-ServiceMeter Service Charges...............................................4
Table 8 ' Consumption and Commodity Charge Revenue Requirements (FY'09'lO).............................9
n
Municipal Water Rate Study
Table 9 - Current and Proposed Cost-of-Service Commodity Rates (FY-09-10)..................I.................. 10
Table 10- Current and Pri posed Cost-of-Service Emergency (Phase III Drought) Commodity Rates
(FY-09-10).......................................................................................................................................................... 10
Table 11 - Commodity Rates and Rate Revenue-Proposed Rates (FY-09-10)........................................11
Table 12 -Emergency (Phase III Drought) Commodity Rates and Revenue (FY'09-10).......................12
Table 13- Alternative Commodity Rates (18% Across-the-Board Increase)........................................... 15
Table 14- Alternative Commodity Rates (Tier 2 Rate Increase)...............................................................16
Table 15 -Alternative Emergency Commodity Rates(Tier 2 & 3 Rate Increases) .................................16
Table 16 Tier Breakpoints for Alternative 2-Tier & Emergency Rates..................................................17
Table 17—Proposed 2-Tier & Emergency Commodity Rates ................................................................... 17
448450-10655
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Municipal Water Rate Study
F;.
Chapter I m Introduction and Summary
In April 2007, Azusa Light & Water (AL&W) completed a cost-of-service study of its municipal
water rates and then adopted 6% rate increases for July 1, 2007, and July 1, 2009. However,
AL&W then implemented an aggressive water conservation program and, instead of projected
residential growth of 2% per year, lost more than 100 residential customers due to the economic
downturn. As a result, water consumption between 2006 and 2008 decreased by more than 17%.
Additionally, a meter charge that had previously been imposed on sub-metered accounts was
discontinued, reducing revenue by approximately $750,000.' The total annual debt service
AL&W pays also more than doubled from $2 million to $4.5 million. This additional debt
service was the result of funding the construction of a new water treatment plant.
To evaluate the cumulative impact of these changes on water rates, AL&W retained HDR
Engineering (HDR) to review and recommend necessary adjustments to the current water rates.
This report summarizes HDR's analysis and documents those results. Specific tasks included:
v Evaluating modifications to the water rate structure to further promote conservation and
provide more revenue stability.
• Developing an emergency rate structure that can be implemented, should the City encounter a
Phase III drought condition?
Figure 1 on the next page summarizes the projected revenue requirements and billed water
consumption, and indicates that revenue requirements will continue to increase while billed
water consumption is expected to remain flat in FY'09-10 and thereafter.
As a result of this analysis, HDR recommends a July 1, 2009 increase in the total revenue
collected through commodity rates and monthly meter service charges of 18% instead of the
planned 6% adjustment. 3 This 18% increase will then need to be followed by a 15.6% increase in
July 1, 2010. HDR also recommends that AL&W adopt an emergency Phase III drought rate
structure that adds a third tier but is designed to recover the same revenue as the recommended
two-tier rate structure.
Tables 1 and 2 below summarize the current and proposed cost-of-service (C.C.S.) commodity
and meter service charges. We should note that these increases are not "across-the-board"
Sub-metered accounts are primarily multi-family customers that had been charged a portion of the service charge to each unit;due to
Proposition 218,this practice was discontinued and that charge is now only collected from each account.
2 ALM is currently in a Phase II drought stage,and assume a Phase 111 drought condition would require an additional 10%reduction
in billed water consumption. Limited imported water from the Delta will also require AL&W to continue its conservation practices.
3 In preparing the analyses and recommendations presented in this report,HDR has relied on information and assumptions provided
by Azusa Light&Water,their consultants,and others.We have assumed that their analyses and data are accurate and prepared with
the necessary professional and technical competence,and that ALM has informed us of any errors or misinterpretations of the data
used in this study and report.
s43t SS-1 L..fi5
Municipal Water Rate Study
adjustments to current rates. Due to changes in the tier breakpoints and consumption by meter
size, the adjustments to the individual rates for each customer class will vary from this overall
18% increase. Further details of these rate structures are provided in Chapter 2.
Projected AL&W Rate-Funded Revenue Requirements
and Billed Water consumption 9
$23 $20.0 $20.5 $21.0
$zo $18.6 $18.6 .8
E $18 t_. - 7
> $15 6
v $13 ,^. i 5 E
o $10 r: 4
i
$8 = 3 $
B Net Revenue Requirements 2 m
$3 a Billed Water consumption 1
$0 0
FY'08-09 - FY'09-10 FY'10-11 FY'11-12 FY'12-13
Figure 1 - Projected Water Requirements and Water Consumption
Table 1 - Proposed Cost-of-Service Commodity Rates (FY'09-10 through FY'l3-14)
- Rates -; Breakpoints 'Breakpoints FY'09-10 FY'1011, t FY'11-12 FYI 2.13 FY'l3-14
5/8" • 1'-Meters - Tier f !'$0.871 18 ccf '12 ccf.. .$0:982 $1.135 $1.135 x:$1.135 $1.1.35
- Tier2 : ;$1.378 -- _ -- $1.553 $1.795- -$1.795 . :$1.795 . $1.795
2'Meteis. Tier - $0.871:-:'- 130 ccf '120dcf:+ $0.982 $1:135. $1.135 .$1.135 $1.135
Tier 2 .; $1.378 . $1.553 $1:795 . $1:795 $1:795_ $1.795
'3"-4" Meters Tier $0.871 670 ccf •600ccf .$0982 $1.135 $1-.135 $1.135 . $1.135
Tier2 ' $1;378. -- $1.553 $1795` $1.795 --$1:795 $1.795
6'- 10"Meters Tier 1 $0.871 13,000ccf 10,000 ccf $0.982 $1.135 $1.135 $1.135 $1.135
Tier : $1.378- - $1.553 $1.795 1 $1.795 $1.795 $1.795
Goll Course -- - --' $1.070- -• -- $1.223 - $1.414 1 $1.414 - $1.414- $1.414
- Tier..1 ``$0.874 18 cot 1-2 ccf $1.031 -$1.191 $1.161 $1.191 $1.191
5/8'.- 1"Meters Tier $1.378 -• 7 36 ccf„ $1.631 $1.885 $1.885 =$1:885 $1.885
. Tier ..:' -. -- $2.322 $2:684.... $2.684 . $2.684 = .$2.684
Tier $0.871 130 ccf 120 cot $1:031 -.1$1:191-t. $1.191 $1.191- $1.191
1.5%2 Meters Tier -.$1.378 - -- _..240 cot .$1.631
_ -$1.:685 $1.885
- - -Tier3 *s: -- -$2:322 - :, $2.684 ] $2.684 $2:684- $2:684
- Tier 1 $0.871. 670 ccf 600 ccf $1.031 "'$1.191 $1..191 $1..191' $1.191
.3%4' Meters Tier2 $1.378 -- 1,200 ccf $1.631 $1.885 $1.885 $1.885 1 $1.885
Tier -- - - $2.322 - $2.684. 1 $2.684 $2.684 1 $2.684
Tier .$0:871- 13,000ccf 1 10,000 ccf $1.031 $1-.191 1 $1.191 $1..191 $1.191
6"- 10' Meters .Tier2 ',.$1.378 . ; -- 20;oo0ccf: $1.631 $1:885'" $1.885 _c$1:885 $1.885
Tier 3 - _ -- $2.322 $2:684.- $2.684 $2.684 $2.684
Golf Course $1,070 - $1.359 $1:571. , $1.571 $1:571 $1.571
Increases in Total Rate Revenue 1 18.0% : - 15.691 0.0% 0.0% 0.0%
aa8450.1rd55 2
Municipal Water Rate Study
Table 2 - Current and Proposed Cost-of-Service Meter Service Charges
FY'09-10. FY'10-11 FY'11-12. FY'12-13 FYI 3-14
5/8-3/4" $12.50 .. $14.74 $17.03 $17.03 $17.03 $17.03
1" $17.61 $20.99 $24.26 $24.26 $24.26 $24.26
1 1/2" $30.27 $36.50 $42.181 $42.18 $42.18 . $42.18
2" $45.53 $55.18 $63.76 $63.761 $63.76 - `$63.76
3" $93.91' $114.39 $132.18 $132.18 $132.18 . $132.18
4";': $157.46 $192.18, $222.08 $222.08 $222.08 . $222.08
6" $322.80 ' $394.561 $455.95 ; $455.951 $455.95 $455.95
8" ; $462.65 $565.75 $653.78 $653.78 $653.78 $653.78
10"• $742.44 $908.21 $1,049.53, $1,049.53 $1,049.53 $1,049.53
12" $1,098.44 $1,343.98 $1,553.10 $1,553.10 $1,553.10 $1,553.10
Increases in Total Rate Revenue 18.0% 15.6% 0.0% 0.0% -0.091.
x'4845,; iCcr.5 ..
Municipal Water Rate Study
Chapter 2 - Results of the Analysis
Revenue Requirements
Table 3 summarizes the results of the projected budget and revenue requirement. The net
revenue requirements identified at the bottom of Table 3 are the total annual amount that needs
to be recovered through water rates and service charges if AL&W were to fully fund revenue
requirements every year. However, these net revenue requirements are adjusted in the financial
plan based on other factors; these adjusted requirements provide the basis for the subsequent
cost-of-service rate analysis.
448464-In 65&
d Municipal Water Rate Study
Table 3 - Water Fund - Summary of Budgeted and Projected Revenue Requirements
FY'08-09(a) FY'09-10(ab) t FY-10-11 FY'11-12 FY'12-13 FY13-14
Production&Purchased Water $5,269,902 . $5,247,455 $5,404,878 $5,567,024 $5,734,035 '$5,906,056.
Transmission and Distribution 2,671,155 - 2,834,484- 2,919,519 3,007,104 3,097,318 3,190,237
Customer Accounting and Sales 3,506,427 - +� 3,823,069 3,937,762 4,055,894 4,177,571. 4,302,896
Uncollectible Accounts 30,000 -- - 60,000 61,800 -63,654 65,564- 67,531'
Administrative and Engineering 887,643 1,175,225 1,210,481. 1,246,796 1,284,200 1,322,726
Interest Expense-COP/Rev Bond(d) '3,432,295 '3;403,770 3,361,070 3,314,471 3,265,670 3,214,125
Principal-COP/Rev Bond(d) - .815,000 1,120,000 1,165,000 1,220,006 11265,000 1,315,000
,Franchise Fee(2%of Retail Sales)(d) 301,580 _301,580 294,038 - 339;791 1 339,791 339,791
Subtotal Annual Cash Expenditures $16,914,002 $17,965,583 $18,354,547 $1;7181000
-$19,229,148 $19,658,364
Capital Projects(e) $4,000,000 '$3,000,000 $4,000,000 $ $4,000,000 $4,000,000
mom
Fees Revenue $203,127 $301,000 $301,000 $301,000. $301,000
Other Revenue(g) -817,234 . . .717;998 718,000 718,000 718,000.
Interest Income 735,316 600,000 600,000 x,.. . 600,000 500,000. _ 500,000
Transfer Out - (416,298) Y;(300,000) - -(300,000) (300,000) (300,000) (300,000)
Contracted Sales(Miller Brewery) 1,000,000 r, 1,000,000- 1,000,000 1,000,000 1,000,000 - '; 1;000,000
Subtotal Non-Rate Revenue $2,339,380 $2,318,998 $2,319,000 -_ $2;319,000, $2,219,000 $2,219,000
Net Revenue Requirement(h) $18,574,623 $18,646,585 $20,035,547 $20,495,735. $21,010,148 $21,439,364
a.Expenditures are from or based on various AL&Wsources,including'Esbmate of Unreshlcted Cash Reserve,prepared for Standard&Poors,
for FY End 2008-09,"AzusdRevRe4.2-10—cak.xls,'AzusaRevRey&3609-cak.xls.'and'Revised Budget-3-30-2009.xis.'
b.Reductions were made to reflect actual vs.prgected costs:10%reductions for Productia✓Purchase&Water,TiansmissiaVDistnbuffon,
and Admir✓Engineering;4%reduction fa CuslomerAccounting and Sales.
a Unless otherwise noted,annual cash expenditures are projections assume individual increases o129✓year.
d.From Debt Service Schedules shown in budget prgections(Azusaflevge(L240-09_cak.xls).
e Cash-fl ndedcapital projects not paid by revenue-bond proceeds.Estimates from AL&W's watermaster plan
L From Azusa light&Wafer budget prgecnons,adjusted oer estimates for Standard&Poom(year-end budget numbers for FY'08-09).
g Other Revenue includes rents,leases,reimbursements,system development fees,interdepartmental fees,and miscellaneous other fees.
h.Cash Basis;excludes depreciation.Based on AL&W's most current estimates as of 4-2-09.Miller Brewery revenue is determined through a separate contract
'Amounts do not include reduction from offsetting interest income on 2006 bond proceeds;offsets are expected to continue through end of FY 2006-2009 and offset approximately
&2 million.
Financial Plan
The financial plan evaluates the net revenue requirements shown in Table 3, together with the
revenue generated from current rates, additional revenue generated by rate increases, the total
amount of revenue needed to maintain reasonable levels of reserve funds, and the revenue
bond coverage requirements associated with AL&W's long-term debt.
Table 4 summarizes the financial plan and shows that current rate revenue of$12.46 million is
approximately $6.2 million less than the FY'09-10 net revenue requirement of$18.65 million.
a¢E4E„-tI!c F 5
Municipal Water' Rate Study
11 FAII, -
Under basic cost-of-service principles, a 50% rate increase would be needed in order for AL&W
to meet the annual revenue requirement.
Table 4 - Five-Year Water Fund Financial Plan
r' FY-09-10 FY'10.11 FY'11.12- FY'12.13 FY'13.14
Net Revenue Reqts.(a) $18,574,623 $18;646,585 - $20,035,547 , -$20,495,7351 $21,010,148 - -$21,439,364
IBM
Beginning Fund Balance(c) ! $25,950,787 $19,835,389 $13,648,028 $6.071,7041 ($1,964,806) ($10,515,731)
Revenue from Current Rates(b) Ii $12,459,22, $12,459,224 $12,459,224. $12,459,224 $12,459,224. $12,459,224
less Net Revenue Reqt's. ($18,574,623) ($1 B,646,585) ($20,035,547) ($20,495,735) ($21,010,148)- ($21,439,364)
Ending Fund Balance(Cash Basisj $19,835,389, $13,648,028 $6,071,704 —$1,964,806 -$10,515,731 -$193495,871
F 1-
Proposed Rate Increases - _. lao% 15.6% 0.0% 0.0% -0.0%
Beginning Fund Balance(c) $25,950,787 $19,835,389 $15,890,688 $12,844,702 $9,338,528 _ $5,317,941.,
Revenue from Current Rates (tl) -$12,4593224 $12459,224- - $12,459,224 $12,459,224 $12,459,224 $12,459,224
Rale Revenue from Rate Increases $0 $2,242,660 $4,530,337 $4530,337 $4,530,337 ..$4,530,337.
Total Revenue from Rates $12,459,224 x$14;701,884 $16,989,561 '$16,989,561 $16,989,561 :$16,9893561
less Net Revenue Regt's. .($18,574,623)- : ($18,646,585) ($20,035,547).. ($20,495,735) ($21,010,148) ($21;439,364)
Ending Fund Balance(Cash Basis) $19,835,389 $15,890,688 $12,844,702 - - $9,338,528 $5,317,941 - .$868,138
Customer Growth Rare-Residential(d) 0.0% _ -:0.0% 0:0% 0.0%- 0.0% 0.0%
Customer Growth Rate-Non Residential(d) 0.0% 0.0°h 0.0% 0.0% 0.0% 0.0%.
Assumed Rate Implementation Dates 7/1/09 7/1/10 7/1/71 7/7/12 -7/1/13
a.From projected budgets and does not include adjustments.
b.Revenue from service and commodify Charges tram AL&W projections(Rate Rev Forecast4-8-09.pd1).Excludes Miller Brewery revenue.
C.FY'08-09 beginning-year fund balance provided by ALB W.
d.AL&W assumption of no annual growth for residential and non-residential customers is from staff communications 2-12-09.
However, due to current economic hardships AL&W customers are experiencing, AL&W staff
has recommended rate increases°of 18% in FY'09-10 and 15.6% in FY'10-11. Although this
means cash reserves will decrease by almost$4 million (i.e., expenditures of$18.6 million less
total rate revenue of$14.7 million), AL&W has sufficient reserves and is able to cover this
shortfall. However, as discussed below AL&W will not meet the bond coverage test in FY'09-10,
but is expected to again meet coverage requirements the following two years. At staff's request,
this financial plan has not included rate increases after FY'10-11, but assumes AL&W will make
those future adjustments as needed.
Debt Coverage Ratios
The long-term debt that AL&W has issued comes with certain bond covenants that require that
AL&W maintain a minimum "coverage ratio' defined as net operating revenue divided by total
4 As used here,the term"rate increase'refers to an increase in the total revenue collected through rates (i.e.,service charges and
commodity rates)and should not be confused with"across-the-board"increases to the rates in each customer class.
449450
10655 g
Municipal Water Rate Study
Fill
annual debt service payments. A minimum ratio of 1.25 is required, although AL&W's policy is
to maintain a 1.6 ratio.
Due to the dramatic changes in AL&W's operating environment noted above, even with an 18%
increase in FY'09-10, AL&W's coverage will temporarily fall below this 1.25 minimum but meet
the required minimum in FY'10-11 and FY'11-12, as shown in Table 5. This table also indicates
that AL&W will need to make additional rate increases and/or expense reductions after FY'11-
12 in order to meet coverage
While making future rate adjustments and re-building adequate reserves will be a key factor in
AL&W's financial outlook, AL&W's strong reserve fund level and plans to meet coverage
requirements in the future indicate that the water utility can maintain a strong financial
position.
Table 5 - Projected Debt Service Coverage Ratios
r• � � - t
Rate Adjustment 18.0% 15.6% 0.0% - 0.0% 0.0%
0011,1111M MEN= ffm 1111
Rate Revenue-Current Rates .$12,459,224 $12,459,224 $12,459,224 $12,459,224 $12,459,224
Rate Revenue- Rate Increases $2,242,660 $4,530,337 $4,530,337 $4,530,337 $4,530,337
Other Water Revenues(a) $2,618,998 ;:$2,619,000 $2,619,000 $2,519,000 $2,519,000
Total Operating Revenue $17,320,882 $19,608,561 $19,608,5611 $19,508,561 $19,508,561
eME I MEM
Production & Purchased Water $5,247,455 , $5,404,878 $5,567,024 $5,734,035 $5,906,056
Transmission and Distribution $2,834,484 $2,919,519 $3,007,104 $3;097,318 $3190,237
Customer Accounting &Sales(b) $3,883,069 .$3,999,562 $4,119,548 $4,243;135 $4,370,429
L Administrative and Engineering $1,175,225 $1,210,481 $1,246,796 $1,284,200 $1,322,726
Total Operating Expensesl $13,140,233 $13,534,440 . $13,940,473 $14,358,687 $14,789,448
a • s $4,180,650 :. .$6,074,121- - $5,668,088 .: '-:$5,149,674 $4,719,113
Debt.Service 2003 COP $1,551,583 . $1,5501083 $1,555,283 $1,553,883 $1,555,138
Debt Services 2006 Revenue Bonds $2,972,188 $2,975,988 $2,979,186 $2,976,788 $2,973,988
Total Debt Service $4,523,770 $4,526,070 $4,534,471 $4,530,670 $4,529,125
• 0.92 1.34 . 1.25 1.14 1.04
a. Includes fees,interest income,•contracted sales(Miller), and other revenue shown in the budget table.
b. Includes uncollectible accounts.
Assumes minimum of 1.25 required,policy target of 1.60
Functionalized Cost Allocation
The cost-of-service rate analysis HDR prepared requires allocating the budget line items shown
in Table 3 to the various functional cost categories, including customer, capacity, and
commodity costs. These allocations are summarized in Table 6. The costs shown in this table
that are allocated to meter service charges are the sum of customer and fixed-capacity costs.
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Municipal Water Rate Study
This table indicates that'approximately 42% of revenue requirements should be collected
through service charges; with the remainder collected through commodity charges.
Table 6 - Summary of Rate Revenue & Cost Allocations (FY'09-10)
Elm PC- 11
Customer Capacity Meter `
Cost Allocations Costs CostsF Charges
Allocation of Net Rev. Reqt's. $1.,673,612 $6,153,850 $7,827,462 $10,819,122 $18,646,585
%of total 9.0% 33.0% '42.0% 58.0% 100.0%
Adjusted Allocation WRate Increase)(a) $1,319,558 $4,851,998 $6,171,556 $8,5301328 $14,701,884
Of total
9.0%j 33.0% 42.0% 58.0% 100.9%
Note: These revenues exclude Miller Brewery revenue,estimated to he$1 million, which the City coflects under a separate contract.
a. Cost-of-service net revenue requirements,less Miller Brewing Company revenue,plus rate increase.
As shown in Table 6, the total revenue requirement of$18.6 million is adjusted downward in
the financial plan to $14.7 million. That is, the financial plan determines the additional rate
revenue that will be collected through rate increases; this additional revenue plus the revenue
from current rates make up this "Adjusted Allocation' of$14.5 million. The calculations of the
meter service and commodity charges are described below, followed by a summary of the
commodity rate revenue collected from each customer class.
Calculation of Meter Service Charges
As shown in Table 6, the total revenue allocated to "meter service charges' is approximately
$6.2 million, or 42% of the $14.7 million total. This $6.2 million is collected through two types of
meter service charges:
s A smaller fixed charge for each account
• A larger capacity charge based on the total "equivalent meters"5
Table 7 summarizes the calculated meter service charges for FY'09-10.
5 Equivalent meters reflect the total hydraulic capacity of various size meters,and therefore the number of"equivalent"residential
meters.Therefore,meter service charges increase in direct proportion to the size of the meter,or number of equivalent meters.
?4645010655 ! "c
Municipal Water Rate Study
Table 7 - Calculation of Proposed Cost-of-Service Meter Service Charges
5/8-3!4" 1T"1°,. 1 1 1/2' - 2° 3' - 1 4 e" 1 8" .'.1 10" 1 12'- .
,Accounts(a) 17,256 .1,489 - 259 `864. 144 116 154 1 99 20 "1. 20,372
Equivalent Meters(b) _ 17,256 '2,487 862 -4,805 1,330 2,320. 6,417 1. 5,940 1,933 - 143 43,295
Customer Costs $IAoct�_ - - $5.40 $5A0 '$5.40 . $5.40 $5.40 - $5.40- $5.40 $5:40 $5.40 $5.40_
Ce ac' 15 . $31.10 -$49.78- $108.99 186.78 -S389.16 - 560.35 $902.81 S1,338.511
Total Monthly Meter Charge - $14.74 -$20:99 $36.50 $55.18 $114.39 $192.18 5394.56 $565.75 $90821 $1,343.98
Customer Casts $1,117,725 $96,447. $16,776 $55,964 $7,384 $7,514 $9,975 $6;413 $1,295 '.$65 $1,319,558
Capacity Costs $96.6571S516.094 149.095 _$260,001 E14171 665.693 $216,676 $16,963 P,851,998
Total Annual Revenue$3,051,598 $375,123 $113,433 $572,058 $156,479 $267,515. $729,146 1$672,106 5217,971 $16,128 $6,171,556
Customer Costs $1,319,558 - -
CapacityCosts $4,851,998
Total Fixetl Costs $6,171,556 -
H draulic Capaci Factor(bJ 1.00 1.67 3.33 5.33-- 11.67- 20.00 41.67 80.00 96.67 "143.33
a.source:City Records for 2007..
b.Accounts times the hydraulic capacity factors(AWWA standards reflecting the higher paiential demand that larger meters place on the system).
source:AWWA Manual M6(Fourth Edition),Table 5-3,Test Requirements lar New.Rebuilt,and Repaired Cold-Wafer Were,
d.Fixed costs to be recovered through Monthly Meter Charges.From the adjusted cost allocations for F '09-10.
Calculation of Commodity Rates
The cost allocations previously shown in Table 6 indicated that approximately $8.53 million
should be collected through commodity rates. The percentage of this revenue allocated to each
customer class (or meter size) is based on their total annual water consumption. Table 8
summarizes this calculation and shows the total revenue requirements for each meter size.
Table 8 - Consumption and Commodity Charge Revenue Requirements (FY'09-10)
ii � • t
>.ccf/yr` ; ccf/yr' . % of Total
5/8"-3/4" Meters 3,557,845 3,557,845 . 51,0% $4,352;330
1" Meters '524,188 524,188; 7.5°/a $641,242
1.5"
.Meters }x s ?234,264 ,'-234;264` 3.4% $286,526
2"Meters :914„071= `.; 914;071. 13.1% ' $1,118188
3" Meters 331,676 ^ss331,676 4.8% $405,741
4 Meters 4706,005 IV x::706,005'; 10.1°/a $863;660
6" Meters 1-1.,430 ' 11 0.2% $13,982
8 Meters 194,995 194,995 2.8% $238,538
10"Meters. 378,502 378,502. 5.4% $463,023
Golf Course 120,205 ' 120,205 1.7% $147,047
Totals 6,973,181 . 6,973,181 100.0% $8;530,328
Average Commodity Unit Cost($/ccf)(d) $1.223
a. December 2008 through January 2009. Excludes water use by Miller Brewery,
non-billed municipal accounts,and assumes FY'09-10 will be the same as in 2008.
b. Estimated FY'09-10 consumption, including the adjustments shown.
c. Allocated based on annual consumption.
d.Average commodity unit cost, which applies to the Golf Course.
448=6u-19555 9
_ Municipal Water Rate Study
The recommended new two-tiered rate structure adjusts the tier breakpoints based on the most
recent consumption data, moving them closer to the average winter consumption levels. Table 9
shows the current and recommended new commodity rates and tier breakpoints.
Table 9 - Current and Proposed Cost-of-Service Commodity Rates (FY-09-10)
«
w
Tier 1 Breakpoint Tier 2 Tier 1 Breakpoint Tier 2
5/8" 1" Meters $0.871 18 ccf $1.378 $0.982 12 ccf $1.553 1
1.5"- 2" Meters $0:871 130 ccf I $1.378 $0.982 120 ccf $1.553
3"- 4" Meters ; .$0.871- 670 ccf $1.378' $0.982 600 ccf $1.553
6" - 10"Meters $0.871 13,000 ccf $1.378, .$0.982 10,000 ccf $1.553
Golf Course (c) J $1;070 $1.223 -- -
Emergency Commodity Rates-AL&W is currently in a Phase II drought stage, which targets a
10% reduction in consumption, primarily through landscape watering restrictions. The analysis
in this report is based on this Phase II consumption pattern. However, if, based on drought-
related water supply conditions, AL&W determines a Phase III declaration is required, an
additional 10% reduction in consumption is then targeted, mainly through additional landscape
watering restrictions, and enforced using Drought Patrol staff. 6 Table 10 shows the three-tiered
emergency rate structure that would be implemented in this case.
Table 10 - Current and Proposed Cost-of-Service Emergency (Phase III Drought)
Commodity Rates (FY-09-10)
Tier 1 1> Breakpoint - Tier 2 ` Tier 1 Breakpoint Tier 2 .Breakpoint Tier 3
5/8"-1" Meters $0:871 18 ccf '$1.378 $1.031 ':12 ccf '; $1.631 36 ccf $2.322
1.5"-2" Meters $0.871: 130 ccf $1.378` $1.031 . ' .120 ccf $1.631 240 ccf $2.322
3"- 4" Meters $0.871 ' 670 ccf $1.378, $1.031 600 ccf $1.631 1,200 ccf : $2.322
6" - 10" Meters $0.871 1 13,000 ccf $1.378 $1.031 10,000 ccf J $1.631 : 20,000 ccf $2.322
Golf Course $1;070 _- $1.359
Successfully reducing water consumption by an additional 10% also decreases the revenue from
commodity rates. In order to maintain adequate levels of rate revenue, AL&W would need to
adjust the commodity rates upward in order to meet the revenue requirement. The emergency
rates shown in Table 10 were developed to meet this objective, with the breakpoint for Tier 3 for
5/8-1" meters set at roughly twice the average residential summer-time consumption level.
6 Rule No.21 of ABW's Rules& Regulations permits the Utility to declare progressive stages of drought response,described as
Phase 1 through III,which involve progressive measures'to reduce overall water consumption.
i
Municipal Water Rate Study
These emergency,rates also recognize that there should be a greater decline in water use in Tier
3 than in Tier.2 a's well as a higher reduction in Tier 2 than Tier 1.
Commodity Rate Revenue-The total revenue generated by water rates, which was determined
by both the financial plan and cost allocation process, was used to calculate the projected service
charges and commodity rates previously shown in Tables 1 and 2. The estimated revenues from
new commodity rates for FY'09-10 are shown in Table 11 (new two-tier rates) and Table 12
(three-tier emergency rates).?
Table 11 - Commodity Rates and Rate Revenue - Proposed Rates (FY-09-10)
-
Tier1Rate Revenue Tier Rate Revenue
5/8"-3/4" Meters $0.982 $2,194,002 $1.553 $2,055,420 $4,249,422 $4,352,330
1" Meters $0.982 $190,824 $1.553 $512,340. $703,1651 $641,242
1.5" Meters $0.982 $178,050 . $1.553 $82,200 $260;249 $286,576
2" Meters .$0.982 $460,664 $1.553 $691,049 $1,151,713 $1,118,188
3" Meters $0.982 $258,803 $1.553. $105;755 . $364,557 $405,741
4" Meters $0.982 $293,016 $1.553. $633,086 $926,103 $863,660
6" Meters $0.982 $11,222 $1.553 -•F ' . $0 $11,222 $13,982
8" Meters
$0.982 $191,451 :' $1:553- $0 $191,451 $238,538
10" Meters $0.982 ` $107,446 $1553 $417,953 $525,399 $463,023
Golf Course (c) $11223 -$147,047
$147,047
Total Revenue $4,032,525 '' $4;497;803 $8;530,328 $8,530,328
a. Current Tier i rate($0.8711ccf)with cost-of-service adjustments. Revenue is Tier 1 rate times Tier 1 consumption.
b. Current Tier 2 rate($1.3781ccf)with cost-of-service adjustments. Revenue is Tier 2 rate times Tier 2 and 3 consumption.
c. Goff course rate is the average cost of water(i.e., total revenue requirements divided by total consumption).
7 Although the actual revenue from each customer depends on their consumption by tier,the annual revenue for each class is the
result of using the same tier rates for all classes.Target revenues could be matched more closely if rates were set separately by class.
448456-15E55 71
Municipal Water Rate Study
Table 12 - Emergency (Phase III Drought) Commodity Rates and Revenue (FY'09-10)
;Tier1 Rate Revenue I Tier Rate Revenue- Tier Rate Revenue -
13Meters
3/4"Meters $1.031 $2,154,916 $1.631 - $1,724,982 $2.322: $237,409 .$4,117,307. $4,352,330
eters - .$1.031 $187,425 -$1.631 - : $276,447 $2.322;' $253,500 $717;372: $641,242
Meters - $1.031. $174,878 . $1.631, $55.,254 $2.322 $26,875 $257,006 $286,576
eters $1.031 $452;457 $1.631 $308,834 . -'$2.322-...:. $422,982 $1,184,272 $1,118,188
.. $1;031- $254,192 $1.631. ' - $72,559 $2.322 $32,712 $359,463 - $405,741
4"Meters $1:031" $287,796 $1.631 $167,569 - $2.322 $533,519 $988,884 $863,660
6"Meters $1.031. -$11,022 :$1.631 - $0 '$2.322 $0 $11,022 $13,982
8"Meters -$1.031 $188,040 - $1.631 $0 ,, $2.322 - $0 $188,040- $238,538
10"Meters $1:031 $105,532 - $1.631. $133,983 -$2:322` - $322,657 $562;172 $463,023
Golf Course(d) $1.359 $144,790 --
9
-- - -• $144,790 $147,047
Total Revenue
$3,961,047 $2,739,628 -$1,829,653 - $8;530,328 $8,530,328
a.Current Tier 1 rate($0.6711ccf)with cost-of-service adjustments.Revenue is Tier 1 rate times Tier 1 consumption.
b. Current Tier 2 rate($1.37a/ccf)with cost-of-service adjustments.Revenue is Tier rate times Tier consumption. -
c.Current Tier 3 rate is set so that total rate revenue meets cosf-of-service requirements.Revenue is Tier 3 rate times Tier 3 consumption,
d.Golf course rate is the average cost of wafer(i.e., total revenue requirements divided by total consumption).
Municipal Water Rate Study
=4 H 45v''.JC��
Municipal Water Rate Study
Impacts on Monthly Water Bills
Using the proposed new C.O.S. rates and emergency drought rate structures, we can calculate
monthly bills for AL&W customers. Figure 2 compares these monthly water bills with current
rates by level of consumption for 5/8"to 1" meters, which make up 87% of all AL&W accounts.
Monthly Water Bills for 5/8"- 1". Meters by Consumption Level:
$160 Proposed Cost-of-Service & Emergency Rate Structures tFr09-1 aJ
$150
a
w
$140 m
m
$130 p Current 2-Tier Rate Structure
w
$120 0New 2-Tier Rate Structure
8110 . O 3-Tier Emergency Rate Structure o_
W rn _
$100
z $90
C O LQ N �—
-$80 o
$70 v a "t
10 In
$60 ,n
r
- - $50
$40
a N N
$30 cu »- — i
i
$20 n: �$10
$0
10 ccf 17 ccf 20 ccf 30 cd 40 ccf 50 OOf 60 cd 70 ccf
Figure 2 - Monthly Water Bills for 5/8"— 1" Meters by Consumption Level
44E450 10655 14 -
u Municipal Water Rate Study
Commodity Rate Alternatives
AL&W staff requested that HDR include two additional rate adjustment alternatives: (1) an 18%
across-the-board increase to commodity charges; and (2) increasing Tier 2 rates by 22.6%but
keeping Tier 1commodity rates unchanged. These alternatives were prepared by AL&W staff
using consumption and other data from HDR's analysis. While HDR is proposing the City use
the cost-of-service rates, these staff alternatives both meet revenue requirements and are
presented for consideration by the Azusa City Council.
183KAcr055-the-Board Increase-Commodity rates may be increased by applying a flat
percentage across all existing tiered rates. Increasing both Tier 1 and Tier 2 rates for all services
by 18% comes close to meeting the revenue requirements of this study. Commodity rate
changes are shown in Table 13 along with expected revenue.
Table 13 - Alternative Commodity Rates (18% Across-the-Board Increase)
Tier-1'.Rate ] Revenue tier 2 Rate Revenue
5/8"-3/4" Meters $1.028 $2,922,647 .$1)626 $1,161,310 $4,083,956 $4,352,330
1" Meters $1.028 $268,949 $1.626 $426,849 $695,798 $641,242
1.5" Meters $1.028 $191,954 $11626 . $77,234 $269,188 $286,576
2° Meters $1.028 $506,859 $1.626 $684,420 $1,191,279 $1,118,188
3" Meters $1..028- ,. $281,670 $1.626 $93,691 $375,361 $405,741
4" Meters $1.028 $325,356 $1.626 $633,250 .$958,606. $863,660
6" Meters. $1.028 1 $11,748 $1.626 $0 $11,748 $13,982
8" Meters $1.028 $200,412 $1.626 $0 $200,412 $238,536
10" Meters $1.028 $143,309 $1.626 $388,733 .$532;041 $463,023
Golf Course (c) $.1.223 _ $147,011 $0 $147,011 $147,047
Total Revenue $4,999,914 $3,465,485 $8,465,399 $8,530,328
a. Current Tier 1 rate($0.8711ccf) with cost-of-service adjustments Revenue is Tier 1 rate times Tier 1 consumption.
b. Current Tier2 rate($1.378/ccf)with cost-of-service adjustments. Revenue is Tier2 rate times Tier and 3 consumption.
c. Golf course rate is the average cost of water(i.e., total revenue requirements divided by total consumption).
Tier 2 Rate Increase/Modification of Tier Breakpoints-To increase the incentive for water
conservation and reward those who have been engaging in conservation, Tier 1 rates could
remain unchanged and the revenue requirement could be met by increasing Tier 2 rates by
22.6%. Minor changes to tier breakpoints for 1.5" and 2" meters were necessary to meet the
revenue requirement in this alternatives Commodity rate changes are shown in Table 14 along
with expected revenue. Emergency commodity rates following the same approach of holding Tier
1 rates to current levels are shown in Table 15 along with expected revenues. Table 16 shows the
slight change in tier breakpoints for both alternatives in contrast to HDR's new C.O.S. rates.
9 HDR's breakpoints of 120 ccf were reduced to 100 ccf for 1 F and 2"meters.
44s4e0-io655
Municipal Water Rate Study
Table 14 - Alternative Commodity Rates (Tier 2 Rate Increase)
Tier 1 Rate Revenue Tier 2 Rate " Revenue
5/8"-3/4" Meters $0.871 $1,946,355 $1.690. J $2,236,249 $4,182,603. $4,352,330
1" Meters $0.871 f— $169,285 $1.690 1 $557,414 $726,699 $641,242
1.5" Meters $0.87:1 $146,239 $1.690. $112,159 $258,398 $286,576
2" Meters $0.8711 $362,920 $1.690 $840,608 $1,203,527 $1,118,188
3" Meters $0.87,1 $229,590 $1.690 $115,059 $344,649 $405,741
4" Meters $0.87;1" $259,942 $1.690: $688,783 $948,725 $863,660
6" Meters $0.87.1 $9,956 $1.690 $0 $9,956 $13,982
8" Meters $0.87.1 $169,841 $1.690 ' $0 $169,841 $238,538
10"Meters $0.871 $95,318 $1.690 $454,723 $550,041 $463,023
Golf Course(c) $1.223 $147,011 -- . $0 f $147,011 $147,047
Total Revenue $3,536,456 - $5,004,994 $8,541,450" $8,530,328
a. Current Tier 1 rate($0.871/ccf) without cost-of-service adjustments. Revenue isTier1 rate times Tier 1 consumption.
b. Current Tier2 rate($1.378/ccf) with cost-of-service adjustments. Revenue is Tier 2 rate times Tier2 and 3 consumption.
c. Golf course rate is the average cost of water(i.e., total revenue requirements divided by total consumption).
Table•15 - Alternative Emergency Commodity Rates (Tier 2 & 3 Rate Increases)
Tier 1 Rate Revenue 1 Tier 2 Rate Revenue Tier 3 Rate Revenue q-
7/4"Meters $0.871 $1,820,648 "$1.842" $1,948,462 "$2.623 - $266,166 -$4,037,276 $4,352,330
eters $0.871 , ` $158,352, .$1.842 $312,263 $2.623 $286,343- $756,957 $641,242
Meters $0.871 ,; $147,751 $1:842 -$62,412 -. $2.623 I .$30,356 - $240,519 $286,576
eters $0.871 $362,272 $1.842 $348,845. $2.623 $477,781 $1,208,898 $1,118,188
$0.871- $214,762. $1.842- $81,959 $2.623 -. $36,950 $333,672 $405;741.
4"Meters $0.871 $243,154 :$1.842 $189,278. $2.623 $602,6391 $1-,035,077 $863;660
6"Meters - $0.871 ; $9,313 - $7.842 -$0 $2.823 $0 ';$9;313 - $13,982
8° Meters - $0.871. $158,871 °.$1.842 - $0 $2:623 $0 -;: $158;871 $238,538
10"Meters $0.871 $89,162 :$1.:842 "'" $751,341 -'`$2:623 $364,459- .:..$604,962 -$463,023
Golf Course(c) - -$1.359 "$144,790 - $0 $0 $144,790 $147,047
Total Revenue - $3,369,073 - $3,094,561 `. $2,066,694 ":58,530,328 $8,530,328
a. Current Tier 1 rate($0.871/ccf)without cost-of-service adjustments. Revenue is Tier 1 rate times Tier 1 consumption.
b.Alternative Tier 2 and 3 rates with adjustments to meet revenue requirements.
c.Goll course rate is the average cost of water(i.e.,total revenue requirements divided by total consumption).
448450 17f55 -
Municipal Water Rate Study
Table 16 - Tier Breakpoints for Alternative 2-Tier & Emergency Rates
Tier 1 Tier 2 Tier 1 Tier 1 Tier 2
5/8"-1" Meters 12 ccf 36.ccf 12 ccf 12 ccf 36 ccf
1.5% 2" Meters 120 ccf 240 ccf 120 ccf 100 ccf 200 ccf
3"-4" Meters 600 ccf .1,200 ccf 600 ccf 600 ccf 1,200 ccf "
6"- 10" Meters 10,000 ccf 20,000 ccf 10,000 ccf 10,000 ccf 20,000 ccf
a. Only Tier 1 breakpoint apply to the 2-tier rates. Tier 2 breakpoints only apply to the Emergency Rates.
Table 17 summarize the current and proposed cost-of-service commodity rates for this second
alternative, which have no increases in Tier 1 rates and have modified tier breakpoints.
Table 17 - Proposed 2-Tier & Emergency Commodity Rates
-Customer Class Tier Rates Breakpoints Breakpoints July 1,2009 ^ • July 1,2010 .
5/8" -:1" Meters Tier f $0.871> 18 ccf 12 ccf . . $0.871 $1.007
Tier $1.378 $1.690 $1.953'
1.5"-.2".Meters '. Tier $0.871 ,=. 130 Oct 100 Oct $0.871 $1.007:.
Tier "$1.378 :`-- $1.690 $1953
Tier 1 $0.871'4; 670ccl 600 Oct $0.871 $1.007
Y-,-4"4 Meters
Tier 2. $1.690 $1.953 .
6 10' Meters : Tier 1 '74.$0.871 ' 13,000 Oct .10,000 Oct $0.871 $1.007.
Tier $1:378 $1.690 $1.953
Golf Course $1:070': $1.223 $1.413
Tier 1 $0.871 18 cd 12 Oct $0.871 $1.007
5/8" - 1" Meters Tier $1.378 36oc1 $1.842 $2.129
Tier 3 $2.623 $3.031
Tier f $0.871 130 cot 100 Oct $0.871 $1.007 .
1.5%2" Meters Tier $1.378 200 Oct $1.842 $2.129
Tier 3 moo: $2.623 $3.031
Tier 1 $0:8711: . 670 Oct `^600 Oct $0.871 $1:007
3"-4' Meters`; '` Tier 1,200 Oct $1.842 $2.129
Tier 3
$2.623 $3.031
Tier :`$0.871 13,000Oct 10,000 Oct. $0.871
6% 10".Meters . Tier $1.378 20,000 Oct, $1.842 $2.129
Tier 3 $2.623 $3.031
Golf Course $1.070 -- $1.359 $1.571
Increases in Total Rate Revenue 18.0% 15.6%
^^-4&450-10665 17
W Municipal Water Rate Study
Chapter 3 - Conclusions and Recommendations
Conclusions
Azusa Light & Water has encountered some significant changes in its operating environment,
most notably the impacts resulting from:
® The economic downtdm, which has dramatically cut into the projected 2%growth rate and
reduced rate revenue.
■ A 17% reduction of billed water consumption over the last two years; AL&W does not expect
consumption to return to previous levels, but to mostly remain at reduced levels for the
foreseeable future of two to five years.
iff Continued uncertainty related to the expected drought this summer, which will require
advanced planning and additional measures such as establishing an emergency drought rate
structure.
Y The loss of approximately $750,000 in revenue due to a change in the way sub-metered accounts-
were billed, coupled with a more than doubling of the annual debt service payments.
These factors have required AL&W to re-evaluate the financial outlook and rates, as well as to
plan for drought conditions. This report has briefly summarized the results of HDR's cost-of-
service analysis and the impacts on AL&W's service charges and water rates. HDR has worked
closely with AL&W staff to develop accurate data and review alternative rate-structures in—
order to calculate cost-of-service rate structures presented in this report, including the new two-
tier and emergency three-tier commodity rates.
At the conclusion of HDR's analysis, AL&W staff developed two alternative rate structures,
including an alternative emergency rate structure, which meet revenue requirement and are
provided for the consideration of the Azusa City Council.'
Recommendations
In response to these conditions, HDR's analysis recommends:
® Adjusting the current commodity rate structure, most notably by adopting an 18% increase in
total rate revenue on July 1, 2009 instead of the planned 6% increase. (Although this 18% increase
will not fully fund the FY'09-10 revenue requirements or meet coverage requirements, AL&W staff
recommends this approach, which includes funding the $4 million shortfall with existing reserves, rather
than increasing rates by more than 18%.)
9 HDR's analysis provides cost-of-service based rate structures prepared in order to best comply with Prop 218 requirements to the
extent possible within the constraints of AL&W staff's directions regarding rate structures and other assumptions. HDR is not
necessarily recommending the City use AL&W staff's rate alternatives.although believe they should meet revenue requirements.
i
<46a 10 10655 � e
Municipal Water Rate Study
13 Making a second adjustment to service charges and commodity rates by adopting a 15.6%
increase in July 2010; this increase is needed to meet the debt service coverage requirement."
■ Creating a three-tier emergency rate structure tied to a Phase III drought declaration that
assumes billed water consumption must decrease by an additional 10%; this rate structure is
designed to still recover the same rate revenue as the proposed two-tiered cost-of-service rates.
• Review and consider adopting the new cost-of-service commodity rates for FY'09-10 and FY'10-
11 previously shown in Table 1.11
® Review and consider adopting the new three-tier emergency commodity rates for FY'09-10 and
FY'10-11, also previously shown in Table 1.
• Adopting the new service charges for FY'09-10 and FY'10-11, previously shown in Table 2.
Y Proceeding with the Prop 218 notification and protest process needed to implement which ever
rate structure alternative is selected by the City Council.
HDR's proposed cost-of-service rates for FY'09-10 and FY'10-11 are considered to be equitable
to AL&W's water customers as a whole under the existing rate structure and data provided by
AL&W. Over the next two years, these rates are expected to provide adequate income to meet
expenses, satisfy debt service coverage requirements in the second year (only), maintain a
prudent level of reserves and, in the long run, continue AL&W's strong financial position.
However, AL&W will need to re-evaluate both the financial plan and adequacy of the service
changes and commodity rates and make additional adjustments as needed before FY'11-12.
10 The minimum debt service coverage ratio,which is the net operating revenues divided by annual debt service payments, is 1.25.
The recommended 18%and 15.6%rate increases will meet coverage requirements in FY'10-11 and FT11-12,but not in FY'09-10
(see Table 5 above).
11 The Azusa City Council may also want to consider ALM staff's rate alternatives in light of policy considerations, although HDR is
not necessarily recommending those alternatives from a cost=of-service perspective.
1ae4sc-�oa;, ,a
s
Water. , Rat.e . AdjUstments,
Apri120, 2009
• FY 2009-201:0
• FY 2010-2011
gi
Key Factors to , Righ Rate -Increase
Downturn. in Economy ,- Less Customers `& Less
Sales = 5. 1 % Revenue Requirement
® Sales Reduction from Conservation = 18.4%
NRevenueRequirement . .
® b-Meter Ch
Deletionof Su arae 75% Revenue
Requirement
. o Inclusive of 6% Rate Increase Approved in'-2007
MinorProjected O&M - C,ost Increases
Z
WEN
Revenue Requirement
: , . , . , ,
Operating Expenditures
Operating. Expenditures 12.,365,127 13,1.40,233 13,534i440 13,940,47
Debt Service 4,2477295 4,523,770 . 4,526,070 4,534,471
Franchise Fee 301 ,580 301 ,580 294,038 3397791
Subtotal: $16,914;002 . $171965,583 $18,354,547 $18,814,73
Capital Costs , $4,000,000 $3,000,000 $4,000,000 $4,000,00
Total: $20,9.1.41002 $20,965,58.3 :$22,354,547 $22,814,73
Non-Rate Revenue
Misc Revenue 11020,361 1 ,0.18,998 . 1 ,019,000 11019;00
Interest Income 735,316 6001000 60.0100 600700
Transfer Out (416;298) (300,000 (3001000) (300,000
Contract Sales 1 ;000,000 1 ,000,000 . . 1 ,000,000 11000,00
Total: $21339,380 $233181998 $2,3199000 $2,319,000
Revenue Requirement $1875741P623 $18,6462585 $20,0351547 $20,495,73
i
Projected. . Fund Balance
, . ,
Net Revenue Requirements $18,574,623 $18,646,58 .$20,0351547 $20,495,73
Cash-Flow.with No Rate Increase
Beginning .FundBalance $25,950,787 $119,835,389 $13,648,028 $6,071 ,70
Revenue from Current Rates $12,469,224 $12,459,22 $1:
2,4.59,224 $12,459,22
Less Net Revenue Requirements ($18,674,623)%($1:8;646;585) ($20,035;547) ($20,495,735).
Ending Fund Balance $19,8351389 $131648,028 $6,071,70 $12964,806
Proposed Financial Plan
Proposed.Rate Increases 18.0% 15.6% 0.0%
Beginning Fund Balance $25,950,78 $1.9.1835,38 $151890,68 $121844,70
Revenue from Current Rates $12
459,224 $12,459,224 $12,459,224 $12,459,22
Rate Rev from Rate Increases $ $2,242,660 $4,530,337 $4;530,33
Total Revenue From Rates $12145%224 . $141701,88 $161989,561 $161989,561
Less Net Revenue Requirements ($18,574,623 ($18;646,585) ($20,035,547) ($20;495,735
Ending Fund Balance (Cash Basis) $19;835,389 $15,8901688 $12 844 70
$9;338528
4
mom
Projected Debt Coverage —
FY'09-10
FY11 ,
Rate.Adjustment. 18.0% 15.6% 0.0% 0.0%
OPERATING REVENUE
Rate Revenue- Current Rates $121459,22 $12 459,2.24 $12,459,224 $1.2,459122
Rate Revenue - Rate Increases .$2,242,660 $4,530,337 $4,530,337 $4,530,33
Other Water Revenues $2 618,998 $2,619,00 . $2,619,00 $2;519;00
Total Operating Revenue $17 320y882 $19,608,561 $19,6089561 $199508,561
OPERATING EXPENDITURES
Total Operating Expenses $131140,233 $1355349440 $13,940,47 $14,358;68
NET OPERATING INCOME $4,18000 $620741121 $51668,08 $5,149187
Debt Service 2003 COP_ ;$1 ,551 ,58 . $1 ,55. 0,083 $1 ;555,28 $11553,88
Debt.Services 2006 Rev Bonds $2,972,18 $2,975;98 $2,979,188 $21976,7.8
Total Debt Service $41523,770. : $41526,070 =$495349471 $49530,670
Debt Service Coverage Ratio 0.92 1 .34 1.25 . 1 .14
5
Monthly - - Service Charges
Service ' Current " Scheduled Increases:(b) Proposed New Rates
% Change
Size Charges (a) _ % Change (d) (c) (d)`
5/8-3/4 $12.50 . 113.25 6.0% $14.74 17.90/c
1 $17.61 $18.67 6.0% $20.99 19.2%
1
1/27 $30.27 $32.09 6.0% $36.50 20.6%. .
2 $45.53 $48.27 660% ' $55.18 21 .2%
µ. 311 $93.91 °
$99.54. 6.0 /o $.114.39 21 :8%
%
6 $322.80 $.342.17 6.0% $394.56 22:2%
8° $.462.65 $490.4:1 6.0% $565.75 22.3%
10 $742.44 $.786.98 6.0% $908.21 22:3%
12"- $1 ,098.44 $1 ,164.35 6.0% $1 ,343.98 22.4%
6
Alternative 1 — Consultant Proposed
Commodity Rates (FY'09- 10)
Customer ,:. Current Rate'�Strucfure New Rate Structure
classTier,V� Breakpoints ��Tier 2 i1 Tier1 Breakpointier2
I M11 11
... ..rIF` T'fi��y'� }�i� �N,
5/8"-1" Meters „$0.871 �' < 78 ccf, ` � $1 378 $0.982 - 12 ccf 1 .553
1 .5"- 2" Meters 871 } �130a ��$ 378 $0.9.8.2 120 ccf $1 .553
3"- 4" Meters $0f871 � ` 670 ccf �$1 378a $0.982 600ccf $1 .553
6" - 10" Meters $0 871 �93000 ccf ¢ $1j378 $0.982 10,000 cc $1 .553
Vlan"M
ffi .,` i a` � 1 x` o
. .
Golf Course $1 070' �� $1 .223 - --
k 1'"
, .
' S
w
R m
r
Alternative 18%
Across _ ,
Commodity Rates (FY'09- 10)
� E§"s �tvL* 3 k ';,' FA' 'C ,.}"y'' ➢,w*c" „ r ro sYs
Customer CurrentrRate£Structuref New Rate:Structure
Class Tl6r 1 1313 akpoint Tier 2 Tier 1Breakpoint Tier 2 .
k 1 95� Y� M 1=Sei r8
5/8"-1" Meters $0 871 $1 .028 18 ccf" $1 .626
` .
� a, u Je1 r .r.uS;� p�ofsP� d:•A{ 65 �Y-* �:y"". - ..
1 .5"- 2" Meters $0-871 0011Y 30'c,& s` $1 378`ff $1 .028 130 cd $1 .626
C�.
r
3"- 4" Meter_ s �$0 871 ` 670ccf ua $1 378 $1 .028 670 ccf $1 .626
-
6" - 10" Meters ;$0 871 ,,,1 000 ccf� , $1'378 $1 .028 13,000 cd $1 .626
x ,
Golf Course $1 .223 - --
s �f
8 ..
"'`k,.' i s 3u ice,'t =?; c 1"-
�
3 �I 3 a) 10. i y i M• fy.'t§ `i
I p:
AlternativeConservation Schedule
Commodity Rates / • /
Customer , " Current Rate Siructu`re New:Rate Structure
K ( Iy
Class Tier 1 Breakpoint Tier 2 ' Tier 1 Breakpoint Tier 2
§ ati
5/8"A" Meters $0 871 X18 ccf $1 378= $0.871 12 ccf $1 .690 ` t
s
1.5"- 2" Meters 0 871 '
$ 930 ccf ' $1 378 $0.811 100 ccf $1 .690.
� r" g(
a b Wi'
s, ' %C 5 , n�S*, CA1
Ysk.`',... ':4. 1R�. aR .mu*'<„A ..
3"- 4" Meters
$0 871; ,670 ccf f$1="378 $0.8.71 600 ccf x$1 .690
iki
'„a a§�edh i '! Faui. p9j `. :. _ •.: r
6" - 10” Meters R $0'8LT � 13,000 ccf, $1378', $0.871 10,000. ccf $,1 .690'
u
Golf Course $1 070'A `ap, W $1 .23 -- --
r
, F F
Emergency Rate Structure
Rates • • •
Customer '
Class Tier 1 ` Breakpoint Tier 2 Breakpoint Tier 3
5/8"-1" Meters $0.87 12 ccf $1 .842 36 ccf $2.623
1 5''=,2".Meters $0.87 x100 ccf $1 .842 200 ccf $2.623
3"-
4'IL Meters $0.87 ".600 ccf $1 .842 1200 ccf $2.623
6 -'10" Meters ' = $0.87 10,000 ecf $1 .842 20,000 ccf $2:623
zo .
Why Rate Increase is Needed .
Maintain a Viable Water Utility Operation
® Meet Minimum Debt Coverage Ratio & Maintain
Good Credit Ratings f
Continue to Finance Water CIP from Operating
Incomes
Enable Use of Interest Incomes for Other CIPS
Maintain Reserve1or Emergency -
Bi-Monthly Cost
3/4" Meter Size 17 ccf of usage per month `
Golden State (Claremont) $110.23
Golden State (San,. ._ `. . $110.23
Rowland Water District $108.70
La Verne $107.02
Pomona $88.25
Alhambra
$87.44
Glendora , $84:22
Suburban (West Covina)
Suburban (Covina) $76.81
Covina ` $75.12
2010 AZUSA RATE $74.49 .,.
2009AZUSA RATE- $66.64
Monrovia `. $65.06
Cal Am.(Duarte)
$61.99
Monterey Park $58.80
Azusa` 54.61
--------------
$0 $20 $40 $60, $80 $100 , $1202:
L
Monthly Cost for 1.2 ccf
518"Meter Size - 12 ccf/month usage
La Crescenta M IRWIN= $46.01
Pasadena (proposed) $36.64
Glendale $35.70
LADWP $35.34
Long. Beach $30.78.
Burbank $29,46
Arcadia $26.85
Azusa (proposed) $25. 19
Azusa (current) $22:95
$0.00 $10.00 -$20.00 , $30.00 . , :$40.00 : :$50.00
" 13 '
SAN
G� TIBtJNEI mol .,
APRIL 15, 2009
mmmWD approves water rationing
20% . 1ncrease Effec#ive 7/1 /09 .
•Another 20% {approx) effective 7/1/10 --
•Increase Water Bill from $45 to $60 in 3 Years
a.
Use
� aWater
W *Isely
y
�5
of,
L)Ji
4 :4 + k. 5
AGENDA ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE AZUSA CITY COUNCIL
VIA: FRANCIS M. DELACH, CITY MANAGER,�tJO
FROM: JOSEPH F. HSU, DIRECTOR OF UTILITIES
DATE: APRIL 20, 2009
SUBJECT: AUTHORIZATION TO NOTIFY PROPERTY OWNERS OF PUBLIC
HEARING CONCERNING REFUSE RATE ADJUSTMENT ON JUNE 15,
2009
RECOMMENDATION
It is recommended that the City Council authorize staff to print and mail a 45-day advanced
notice of public hearing to be held June 15, 2009 to consider refuse rate adjustment.
BACKGROUND
The City has an Exclusive Franchise Agreement with Athens Services for refuse collection and
recycling services. Each year rates for such services need to be adjusted pursuant to contract
terms and conditions. Rate adjustments are made based on changes in: (1) the Consumer Price
Index (CPI); (2) per ton rates at the Puente Hills landfill; and (3) amount of tonnage collected
from Azusa residents and businesses. Rates also need to consider non-payments or bad debts
since the contract requires the City to pay Athens all amounts billed by the Utilities Department.
In general, the CPI from January 2008 to January 2009 went down slightly, by -0.09%, and so
this had a favorable effect on rate adjustments for consumers. And while landfill costs are
increasing next year, from $33.86 per ton to $38.26 per ton, less tonnage was disposed of last
year than expected and so some credits are carried forward to next year as part of this rate
adjustment. The Customer Service division of the Utilities Department estimates that bad debts
next year will be $40,000 for residential customers, and so this amount is being apportioned to
all single family and multifamily customers as part of rate calculations.
Proposed rates are included in attached draft public notice. Rate calculations are still under
review by Athens at the writing of this report, however, staff are seeking authorization to provide
notice of public hearing on June 15, 2009, by 45-day advanced mailing, so that the City Council
can consider approval of the final rates as agreed to by the City and Athens Services.
Page 1
r
} 1
FISCAL IMPACT
This rate adjustment is likely to reduce costs to single family residential customers and
commercial customers. ; Multifamily customers using bins to dispose of waste will see an
increase of about 4.39%, based on preliminary calculations. Rate adjustments will be set forth in
a detailed report following the mailing of the public notice, and will be available for public
review at the Library, City Clerk's Office and Azusa Light & Water.
Prepared by:
Cary Kalscheuer, Assistant to the Director of Utilities
Liza Cawte, Administrative Technician
Exhibit:
1. Draft Public Notice
Page 2
t �
NOTICE OF PUBLIC HEARING M
REFUSE RATE INCREASE
JUNE 15, 2009 IAZUSA
f I :i II i :!q I f II
NOTICE IS HEREBY GIVEN that pursuant to Article XIIID of the California Constitution,the City Council of the City of Azusa will hold a
PUBLIC HEARING to consider an increase in rates for trash collection and recycling services effective for bills rendered on or after July1,
2009. This notice is being mailed to the owner of record of each identified parcel subject to the trash rate increase.
Said PUBLIC HEARING will be held at the regular meeting of the City Council of the City of Azusa on MONDAY, JUNE 15, 2009, at 7:30
P.M., or as soon as possible thereafter, in the Civic Auditorium,213 E. Foothill Blvd., Azusa.
The City Council will be considering adoption of a trash collection and recycling rate schedule effective from July 1,2009,through June 30,
2010, as set forth below for typical residential and commercial services. Read below for more information.
July-lune July-lune .
.. 2008-2009 2009-2010
_ 2009-2010
SERVICES Current Proposed - Change
Total Monthly Total Monthly -
Rate Rate % $
Residential Barrel
Service $23.22 22.38 -3.61% ($0.84)
Multifamily Bin $17.59 18.44 4.81% $0.85
Commercial Bins
Size-3 Cubic Yards
1 Day/Week $108.89 106.67 -2.04% ($2.22)
2 Days/Week $163.17 158.77 -2.70% ($4.40)
3 Days/Week $217.49 210.94 -3.01% ($6.55)
4 • Days/Week $271.66 262.94 -3.21% ($8.72)
5 Days/Week $326.11 315.19 -3.35% ($10.92)
Size-2 Cubic Yards
1 Day/Week $96.45 94.95 -1.56% ($1.50)
2 Days/Week $143.00 137.24 -4.03% ($5.76)
3 Days/Week $183.75 179.33 -2.41% ($4.42)
4 Days/Week $228.30 222.42 -2.58% ($5.88)
5 Days/Week $271.61 264.26 -2.71% ($7.35)
Size-1.5 Cubic Yards
1 -Day/Week $73.54 72.42 -1.52% ($1.12)
2 Days/Week $123.59 121.36 -1.80% $2.23
Further details regarding the bases and reasons for the proposed trash rate changes are set forth in a report available at the City Clerk's
office at 213 E. Foothill Boulevard in Azusa which may be reviewed by any interested person. Proceeds from this rate adjustment will be
used to pay Athens Services for trash collection and recycling services. Recycling services include processing all waste collected in Azusa
through a material recovery facility where all glass,plastics,metal and paper products are removed and recycled. Other portions of the
trash rate pay for City fees, such as a franchise fee and AB 939 fee. These fees are used by the City to administer the trash hauling
contract and comply with state regulations such as the California Integrated Waste Management Act of 1989. For a comparison of how
City of Azusa's trash rates compare with those of neighboring cities, please logon to our website at htto://www.azusalw.com
At the time of the public hearing,the City Council will hear and consider all protests and objections concerning the proposed trash rate
adjustments. Upon conclusion of the hearing,the City Council will consider, and may adopt,the proposed trash rate adjustments. If written
protests against the proposed rate adjustments and fee schedule are not presented by a majority of owners of the identified parcels upon
which the rates and fee schedule are proposed to be imposed,the City Council will be authorized to impose the rates and fee schedule.
Comments or protests to the proposed trash rate adjustments must be delivered in writing to the City Clerk,City of Azusa, 213 East Foothill
Boulevard,Azusa,CA 91702, prior to the public hearing on June 15, 2009. Written protests may also be submitted at the public hearing so
long as they are received prior to the conclusion of the public hearing. Please include your service address(es)or parcel number(s),your
name and contact telephone number in your written protest.
If you have any questions about this notice or proposed changes to trash rates, please call Customer Service at(626)812.5225. Copies of
the proposed report and resolution for adoption of the trash rate changes are available by calling the above-mentioned telephone number or
at the above-mentioned web site. Thank you.
NOTICE OF PUBLIC HEARING
REFUSE RATE INCREASE
JUNE 15, 2009 A ZgU S /A.
NOTICE IS HEREBY GIVEN that pursuant to Article XIIID of the California Constitution,the City Council of the City of Azusa will hold a
PUBLIC HEARING'to consider an increase in rates for trash collection and recycling services effective for bills rendered on or after July1,
2009. This notice is being mailed to the owner of record of each identified parcel subject to the trash rate increase.
Said PUBLIC HEARING will be held at the regular meeting of the City Council of the City of Azusa on MONDAY, JUNE 15, 2009, at 7:30
P.M.,or as soon as possible thereafter, in the Civic Auditorium,213 E. Foothill Blvd.,Azusa.
The City Council will be considering adoption of a trash collection and recycling rate schedule effective from July 1, 2009,through June 30,
2010, as set forth below for typical residential and commercial services. Read below for more information.
July-June July-June
-2008-2009 2009-2010
2009-2010,
SERVICES Current - Proposed Change
Total Monthly Total Monthly
Rate Rate % $
Residential Barrel
Service $23.22 $22.51 -3.04% ($0.71)
Multifamily Bin $17.59 $18.36 4.39% $0.77
Commercial Bins
Size-3 Cubic Yards
1 Day/Week $108.89 $107.10 -1.64% ($1.79)
2 Days/Week $163.17 $159.64 -2.16% ($3.53)
3 Days/Week $217.49 $212.24 -2.41% ($5.25)
4 Days/Week $271.66 $264.66 -2.58% ($7.00)
5 Days/Week $326.11 $317.37 -2.68% ($8.74)
Size-2 Cubic Yards
1 Day/Week $96.45 $95.24 -1.25% ($1.21)
2 Days/Week $143.00 $137.82 -3.62% ($5.18)
3 Days/Week $183.75 $180.20 -1.93% ($3.55)
4 Days/Week $228.30 $223.57 -2.07% ($4.73)
5 Days/Week $271.61 $265.71 -2.17% ($5.90)
Size-1.5 Cubic Yards
1 Day/Week $73.54 $72.63 -1.24% ($0.91)
2 Days/Week $123.59 $121.79 1 -1.46% $1.80
Further details regarding the bases and reasons for the proposed trash rate changes are set forth in a report available at the City Clerk's
office at 213 E. Foothill Boulevard in Azusa which may be reviewed by any interested person. Proceeds from this rate adjustment will be
used to pay Athens Services for trash collection and recycling services. Recycling services include processing all waste collected in Azusa
through a material recovery facility where all glass, plastics, metal and paper products are removed and recycled. Other portions of the
trash rate pay for City fees, such as a franchise fee and AB 939 tee. These fees are used by the City to administer the trash hauling
contract and comply with state regulations such as the California Integrated Waste Management Act of 1989. For a comparison of how
City of Azusa's trash rates compare with those of neighboring cities,please logon to our website at http://www.azusalw.com
At the time of the public hearing,the City Council will hear and consider all protests and objections concerning the proposed trash rate
adjustments. Upon conclusion of the hearing,the City Council will consider, and may adopt;the proposed trash rate adjustments. If written
protests against the proposed rate adjustments and fee schedule are not presented by a majority of owners of the identified parcels upon
which the rates and fee schedule are proposed to be imposed, the City Council will be authorized to impose the rates and fee schedule.
Comments or protests to the proposed trash rate adjustments must be delivered in writing to the City Clerk, City of Azusa,213 East Foothill
Boulevard,Azusa, CA 91702,prior to the public hearing on June 15, 2009. Written protests may also be submitted at the public hearing so
long as they are received prior to the conclusion of the public hearing. Please include your service address(es)or parcel number(s),your
name and contact telephone number in your written protest.
If you have any questions about this notice or proposed changes to trash rates,please call Customer Service at(626)812-5225. Copies of
the proposed report and resolution for adoption of the trash rate changes are available by calling the above-mentioned telephone number or
at the above-mentioned web site. Thank you.
1
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- i�C,4FORr�r.
CITY OF AZUSA
MINUTES OF THE CITY COUNCIL
REGULAR MEETING
MONDAY,APRIL 6,2009—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 E.Foothill Boulevard,Azusa,CA 91702.
CEREMONIAL
The City Council presented a Proclamation to a recipient of a transplant in recognition of National Donate
Life Month. - -
Certificates to Recognition to Andres Hooper and Richard Lopez Casillas, local wrestlers of Azusa, who
won first place in the California Folkstyle State Championship.
Proclamation in recognition of the Census Program was presented to representatives of the Census.
CLOSED SESSION Closed Sess -
The City Council recessed to Closed Session at 6:48 p.m.to discuss the following: Recess
L CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Gov. Code Sec Conf wAegal
54956.9(a)). Daniel Torres v.City of Azusa,and DOES I through 10,Case No. CV 09-01211 Cnsl Torres
2. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION (Gov. Code Sec Conf wAegal
54956.9.(0). Sakata Moon -One Case. Cnsl Moon
3. REAL PROPERTY NEGOTIATIONS(Gov.Code Sec 54956.8) Real Prop
Agency Negotiators:City Manager Delach and Assistant City Manager Makshanoff Negotiations
Under Negotiation: Price and Terms of Payment Atlantis Gardens
I- Atlantis Gardens
Address: 611 East Lime Street,Azusa,CA 91702 _
Negotiating Parties: James Youngstrom
Address: 610 East 6th Street,Azusa,CA 91702
Negotiating Parties: Ernesto&Elena Castruita
Address: 670 East 6th Street,Azusa,CA 91702
Negotiating Parties: Ernesto&Elena Castruita
Address: 627 East Lime Street,Azusa,CA 91702
Negotiating Parties: Augustine Juarez
Address: 600 East 6a Street,Azusa,CA 91702
Negotiating Parties: Thang Huynh&Jenny San Cheung Tang
Address: 641 Glenfmnan Avenue,Azusa,CA 91702
Negotiating Parties: Gonzalo&Maricela Cruz
Address: 601 North Cedarglen Drive,Azusa,CA 91702
Negotiating Parties: Lupe Rubio
Address: 615 North Cedarglen Drive,Azusa,CA 91702
Negotiating Parties: Lupe Rubio
Address: 628 North Cedarglen Drive,Azusa,CA 91702 -
Negotiating Parties: Guillermo Martinez
Address: No Site Address 8608-001-001
Negotiating Parties: Joyce C.Moline Trust
4. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION(Gov.Code Sec-54956.9 Conf wAegal
!-ate. AJDM v. City of Azusa. et al. Los Angeles Superior Court, Case No. BS111893 and City of Cnsl D-Club
Azusa v.AJDM Corp.Los Angeles Superior Court,Case No.KC051862. (D-Club)
s
Mr.Mike Lee addressed item regarding real property negations with regard to Atlantis Gardens expressing M.Lee ,
his concern that the low cost housing in that area may be used by Azusa Pacific University students as he Comments
doesn't think they have interest in the city. -
The City Council reconvened at 7:42 p.m. City Attorney Carvalho advised that there was no reportable Reconvened
action taken-in Closed Session and that they will be.reconvening at the end of the meeting to discuss item Co Reports
end
number 3.
Call to Order
Mayor Rocha called the meeting to order.
Flag Salute
Mrs.Lorraine Somes and Tyler Somes led in the Salute to the Flag.
INVOCATION was given by Pastor Deanna Robinson of Foothill Community Church
Invocation
Roll Call
ROLL CALL
PRESENT: COUNCILMEMBERS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
ABSENT: COUNCILMEMBERS: NONE
Also Present
ALSO PRESENp:
City Attorney Carvalho, City Manager Delach, Assistant City Manager Makshanoff, Azusa Police Chief -
Garcia, Director of Public Works/Assistant City Manager Haes, Economic Development Director
Christianson, City Treasurer Hamilton, Library Director Tovar, Assistant to Director of Utilities
Kalscbeuer,Administrative Technician Cawte,Public Information Officer Quiroz,Director of Information
Technology Graf,Director of Recreation and Family Services Jacobs,Assistant Community Development
Director McNamara,City Clerk Mendoza,Deputy City Clerk Toscano.
Messrs. Augustine Duran and Edgar Salgado,Representatives of the Census Bureau provided information Representatives
regarding the upcoming 2010 Census. They talked about the significance of everyone being counted in the 2010 Census
Census and the benefits that each City will receive. City Manager Delach talked about becoming an A.Duran
entitlement City which is having a population of 50,000 and will enable the City to deal with the Federal E.Salgado
Government directly when relating to grants,etc.
Pub Part
PUBLIC PARTICIPATION
Mr.Mike Lee addressed Council requesting that the City be business friendly and talked about loosening M.Lee
the sign ordinance,especially with regards to Rene's Restaurant.He relayed other items of his concern. Comments
Mr.Bill Driever addressed Council expressing his opinion regarding Rene's Restaurant and its signage. B.Driever
Ms. Irene Villapania, Executive Director of the Azusa Chamber of Commerce provided an updare on its Commemsia
membership,events and latest activities.
Mr.Gilbert Becerril introduced Mr.and Mrs.Harris whose son Leroy Hams lost his life in the line of duty G.Becerril
in Iraq and Curtis Napier who designed the Freedom is Not Free Memorial in front of City Hall; they C Napier
displayed a blueprint for additions to the Memorial. m
Mrs. Has thanked the City for being supportive of Harris'
the service people and the memory of her son. Mr.Becerril announced the sold out Veterans Dinner at the
VFW on April 25".
Ms.Peggy Martinez,President of the Downtown Business Association,thanked Council for their support P.Martinez
of the Miss Azusa Scholarship Program and detailed the advantages of the being part of the program. She Comments
talked about an upcoming fundraiser on June 13'". Ms.Crystal Munoz.Miss Azusa 2009, and Ms. Sara C.Munoz
Weir, Miss Outstanding Teen Azusa addressed Council thanking them for their support;runners up were S.Weir
also introduced.
Mr. Richard Soto, owner of Rene's Cafe, addressed Council requesting that they reconsider the sign R.Soto
ordinance. He thanked the Knights of Columbus for their support and the Police Department for their Comments
increased presence and asked for additional presence in the morning due to unruly kids and homeless
people.
Mr.James Toth addressed Council stating that the ban on the signs has hurt Rene's Restaurant and Azusa- L Toth
Dennis due to their location and requested some professionally made signs be allowed. Comments
Mr. Philip Hanks, owner of Azusa Dennis,addressed Council stating that banners and professional signs P.Hanks
are not allowed,but if they were it would help his business. Comments
Mr.George Vagenas addressed Council,on behalf of his parents,Agnes and Alex Vagenas,requesting that G.Vagenas
Council keep their campaign promises with regard to eminent domain;he read articles regarding comments Comments
made by Council;talked about the issue and his parents land on Azusa Avenue.
04/06/09 PAGE TWO
Ms.Suzanne Avila of CRC addressed Council reminding all that April 220°is Earth Day and April is Clean S.Avila and
and Green Month; she announced the Think River San Gabriel River Clean up event. She introduced Mr. A.McMinn
Austin McMinn, a Boy Scout, who is currently working on an Eagle Project, of which he has chosen to Earth Day
plan, design and create the Think River San Gabriel River Clean up for this year. He stated that he is April 22otl
working with Suzanne,and the event will be held on Saturday,April 18,2009,from 9 a.m.to 11:30 a.m.at
the Azusa River Park; he announced the sponsors of the event as follows: Athen's Disposal Services,
Azusa Historical Society, Azusa Pacific School of Nursing, California Conservation Corp, La Flor De
Mexico, Rainbird, Rivers and Mountains Conservancy, Vulcan Materials Company and the U.S. Forest
Service. He invited all to attend the event and introduced his family to the Council and audience.
Mr.Dennis Willut addressed Council regarding the following: explanation as to why he received a check D.Willut
from the city; removal of student vouchers by the President; off shore oil drilling; the need for financial Comments
journals in the Library; lower utility billing for seniors and lower/discounted rents.
City Manager Detach responded to questions posed during public participation regarding appraisal of City Manager
property at 832 N.Azusa,and to the letter to Mr.Willut regarding a refund of a deposit from Utility. Comments
REPORTS.UPDATES COUNCIL BUSINESS AND ANNOUNCEMENTS-STAFF Updates/cncl
Mayor Rocha addressed item regarding security systems and associated city fees stating that citizens who Rocha
have been obtaining security systems are not aware of associated fees; he has asked staff of the Business Comments
License Department to notify customers that there is a connection fee of$26 and$17 a year service fee. Security Systems
Moved by Councilmember Hanks, seconded by Councilmember Carrillo and unanimously carried that Proc Azusa
request for a proclamation for the Azusa Ministerial Association, to be presented at the May 20,Mayors Ministerial
breakfast,is approved. Association
Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried that Proc Mayor
request for a proclamation for farewell celebration of Mayor Hammond in Monrovia,be approved. Hammond Mon
Assistant to the Utilities Director Kalscheuer and Administrative Technician Cawte provided a Update on Clean
presentation on Clean and Green Month and detailed the following programs: HHW Program, Bulky and Green Month
Waste,Old Tires,Junk Can,Used Motor Oil Recycling,Sharps,Waste Conservation Programs,Low Flush C.Kalscheuer
Toilet Program,DRiP Rebate Program,Solar Energy Rebate Program,Other Energy Efficiency Programs, F.Cawte
Drop Off Recycling Program, Reusable Grocery Bags,Think River, APU Sustainability Symposium and
Azusa Beautiful.
Update on enforcement of temporary banner signs in the City of Azusa. City Attorney Carvalho talked Update on
about free standing A-Frame signs noting that these are prohibited in the Azusa Municipal Code and City Temporary
Manager Detach noted the liabilities involved with signs in the public right of way, not only to the Banner Signs
business, but to the City as well; he noted that staff is willing to work with them to get signs on their City Attorney
buildings, but not in the public right of way. With regard to banner relaxation, he stated that staff is City Manager
recommending to allow special banner with permits for 90-days for the next 12 months. City Attorney
Carvalho responded noting the difficulties of amending the sign ordinance to allow the temporary signs
from time to time and suggested adding a section to the code stating that the City Council may, by
resolution,extend the 30 days for a specified period,due to economic times,etc.
Lengthy discussion was held between Councilmembers and staff regarding the following: definition of Lengthy
banner sign, signs in the public right of way and its definition, economic times, locations for certain discussion
businesses,length of time extension,the affect of the lack of signage at certain businesses,and the statistics Temp Banner
regarding sales at Marie Calendars. Mr.Hall of Marie Calendars added comments regarding his restaurant Permits
stating that a monument sign would take too long and cost too much and talked about the increase in his
lease.
Moved by Mayor Pro-Tem Macias, seconded by Councilmember Carrillo to accept staff recommendation Motion to have a
to extend temporary banner permits for 90 days. Moved by Councilmember Gonzales,seconded by Mayor 120 Temp Banner
Rocha and unanimously carried to amend that motion to allow 120 days in a twelve month period by via Resolution
resolution. Councilmember Hanks asked that the issue be tracked in order to find if it makes a difference
within businesses.
Mayor Pro-Tem Macias announced the Azusa Woman's Club Prayer Breakfast on April 8a'and he talked Macias
about his experience with the Azusa Police Department training program;he praised the department for the Comments
excellent training and good work.
Councilmember Gonzales advised that he.had the pleasure of attending a ride a long at the Police Gonzales
Department with a tagger detail;he announced the annual Easter Egg Hunt at Memorial Park on Saturday, Comments
April 11 ; he announced the ICSC Conference on May 18'", and the possibility of re-scheduling the
Council Meeting;he wished all a wonderful Easter.
04/06/09 PAGE THREE
G
Councilmember Carrillo wished al a Happy Easter. Carrillo I
Mayor Rocha asked that the meeting be adjourned in memory of Fred Somes and Jose Luis Castro; Rocha
congratulated Azusans who were recently recognized by Assemblyman Ed Hernandez; reminded all that Comments
Arbor Day is on April 16,2009,at Memorial Park at 5:00 p.m Staff provided him with an update on the
work being done on Sierra Madre and Azusa Avenue.
SCHEDULED ITEMS Sched Items
REPORT ON MEASURES TAKEN TO ALLEVIATE THE CONDITIONS WHICH LED TO THE Report on
ADOPTION OF URGENCY ORDINANCE 08-02 ESTABLISHING A MORATORIUM ON THE Measures
ESTABLISHMENT OF BUSINESSES OFFERING MASSAGES PENDING STUDY AND Moratorium
ADOPTION OF REGULATORY AND ZONING STANDARDS - _ Massages
.Moved by Councilmember Gonzales, seconded by Councilmember Hanks and unanimously carried to Report
accept the Report on measures taken to alleviate the conditions which led to the adoption of Urgency Accepted
Ordinance 08-02 establishing a moratorium on the establishment of businesses offering massages pending
study and adoption of regulatory and zoning standards.
The CONSENT CALENDAR consisting of Items D-1 through D-13 was approved by motion of Consent Calendar
Councilmember Carrillo, seconded by Gonzales and unanimously carried with the exception of items Approved
D6, D-7, and D-12,which were considered under the Special Call portion of the Agenda. Items D-3 and Spec D-6,7, 12. -
D-I1 were acknowledged and Council thanked staff for their work regarding them.
1. . The minutes of the regular meeting of March 16,2009,were approved as written. Min appvd
2. Human Resources Action Items were approved as follows: ., HR:Action Items
Merit Increase and/or Regular Appointments: J.Macias,S Gerszewski,
Promotions: M.Bertelson,Police Lieutenant
Separation: S.Salvatore.
3. The City Treasurer's Report as of February 28, 2009 was received and filed. Mayor Rocha Treas Report
addressed this item to formally thank the City Treasurer Marten Hamilton for interest earned.
4. Formal sealed bids were waived in accordance with Azusa Municipal Code Using alternative HdL Code Enf
purchasing procedures for purchases not involving public projects; approval was given for the Software
purchase of the HdL Code Enforcement Software module in the amount not to exceed$39,895.00, Approved
and the City Manager was authorized to execute the agreement,per municipal code section 2-526:
5. Approval was given for the purchase and installation of a new scoreboard at the Memorial Park New Scoreboard
Northwest Ball Diamond in the amount of$12,974.99. Memorial Park
6. SPECIAL CALL ITEM. Spec Call
7. SPECIAL CALL ITEM. Spec Call
8. Approval was given for the purchase of personal climate controls for four workstations from Xybix Purchase
Systems,Inc.and the purchase of the climate controls based on a competitive bid process completed Workstations
by the City of La Mirada where dispatch furniture was purchased for the La Mirada Community Xybix Systems
Sheriffs Station. This "piggyback" purchase is authorized by AMC Section 2-523(E) when the
competitive bid process has already been completed.
9. The Notice of Completion for the Memorial Park Roof Replacement Project was approved and staff NOC Mem Pk
was authorized to file the Notices of Completion with the Los Angeles County Clerk. Roof Replace -
10. Authorization was given to staff to solicit Request for Proposals(RFP)for Pavement Management RFP Pavement
08-09 and Foothill Boulevard Reconstruction Phase B. Councilmember Gonzales thanked staff for Management
their work on this item
11. Authorization was given to staff to enter into separate professional services agreements with KOA Traffic Engr Svs
Corporation and Transportation & Energy Solutions, Inc. to provide general professional traffic KOA Corp.
engineering services on an as-needed basis in an amount not to exceed $20,000. Councilmember
Hanks thanked staff for thein work on this item.
12. SPECIAL CALL ITEM. Spec Cal]
13. The following resolution was adopted and entitled: .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ALLOWING CERTAIN' Res.09-C31
CLAIMS AND DEMANDS AND SPECIFYING THE FUNDS OUT OF WHICH THE SAME Warrants
ARE TO BE PAID.
04/06/09 PAGE FOUR
6
,y PECIAL CALL ITEMS - Spec Call Items
Director of Recreation and Family Services Jacobs responded to questions posed by Councilmember Hanks Dis re:Senior
and Mayor Rocha regarding the Senior Meal Program, possible liabilities and statements in contract .Meal Program
regarding poultry and holidays; City Attorney advised that she could go over the contract to add comments
to note where the City is not liable and asterisks would be placed for designated holidays for home .
delivered meals.
Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously carried to RFP Senior
approve the Request for Proposal for on site cooking for the Senior Meal Program, allowing Meals approved
implementation of the open bid procedure as required by the Los Angeles County Area on Aging to secure
senior meals for 2009—2010.
Mayor Pro-Tem Macias addressed item regarding the Lease Agreement with the State of California for the Dis re: Lease
Azusa Amory asking if the city has first right of refusal to purchase the property and staff responded Agmt Armory
stating that they would look into the matter via a letter to State Representatives.
;Moved by Councilmember Hanks, seconded by Councilmember Gonzales and unanimously carried to Lease Agmt w/
approve the five-year lease agreement between the City of Azusa and the State of California Department of State Armory
General Services for use of the Azusa Armory and authorize the Mayor to execute the lease on behalf of approved
xhe City. -
Councilmember Hanks offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, Res. 09-C29
AUTHORIZING THE MAYOR TO SIGN THE BUILDING SPACE LEASE FOR THE AZUSA Lease Armory
ARMORY BETWEEN THE CITY OF AZUSA AND THE STATE DEPARTMENT OF GENERAL State-
SERVICES.
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: COUNCH.MEMBERS: NONE -
ABSENP: COUNCILMEMBERS: NONE - -
Staff responded to questions regarding the County storm channel and the lack of sidewalks, stating that -
.they will continue to follow up with the County on the pedestrian bridge over the wash. --
Councilmember Hanks offered a Resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,CALIFORNIA,APPROVING Res.09030
PLANS AND SPECIFICATIONS FOR THE SAN DIMAS WASH BEN LOMOND SPREADING Plans&Specs
GROUNDS INTERCONNECTING DRAIN TO CITRUS SPREADING GROUNDS PROJECT; Cc Flood Control
CONCURRING WITH THE LOS ANGELES COUNTY'S ENVIRONMENTAL FINDING, District to
AUTHORIZING THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT TO PROCEED WITH proceed w/project
THE CONSTRUCTION OF THE PROJECT AND OTHER RELATED FINDINGS AND APPROVALS.
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:
THE CITY COUNCIL RECESSED AND THE REDEVELOPMENT AGENCY CONVENED AT CRA Convene
10:11 P.M. THE CITY COUNCIL RECONVENED AT 10:40 P.M. Cncl reconvened
'City Manager Detach announced that the May IS' Council Meeting will be canceled and another date City Mgr
would be selected or it will be held in conjunction with the Utility Board Meeting on May 251°.- Comments
The City Council reconvened into Closed Session at 10:40 p.m.to discuss the following: Recess to Closed
Session
3. REAL PROPERTY NEGOTIATIONS(Gov.Cade Sec 54956 8) Real Property
Agency Negotiators:City Manager Detach and Assistant City Manager Makshanoff Negotiations
Under Negotiation: Price and Terms of Payment
Atlantis Gardens Atlantis
Address: 611 East Lime Street,Azusa,CA 91702 Gardens
Negotiating Parties: James Youngstrom
Address: 610 East 6th Street,Azusa,CA 91702
Negotiating Parties: Ernesto&Elena Castruita
Address: 670 East 6th Street,Azusa,CA 91702
Negotiating Parties: Ernesto&Elena Castruita
Address: 627 East Lime Street,Azusa,CA 91702 -
04/06/09 PAGE FIVE
Negotiating Parties: Augustine Juarez
Address: 600 East 6"Street,Azusa,CA 91702 - a
Negotiating Parties: Thang Huynh&Jenny San Cheung Tang
Address: 641 Glen£mnan Avenue,Azusa,CA 91702
Negotiating Parties: Gonzalo&Maricela Cruz
Address: 601 North Cedarglen Drive,Azusa,CA 91702
Negotiating Parties: Lupe Rubio -
Address: 615 North Cedarglen Drive,Azusa,CA 91702
Negotiating Parties: Lupe Rubio
Address: 628 North Cedarglen Drive,Azusa,CA 91702
Negotiating Parties: Guillermo Martinez _
Address: No Site Address ! 8608-001-001
Negotiating Parties: Joyce C.Moline Trust
The City Council reconvened at 10:56 p.m;there was no reportable action taken in Closed Session, Reconvened
No action
It was consensus of Councilmembers to adjourn in memory of Fred Somes and Jose Luis Castro. Adjourn in
Memory of
F.Somes&
J.L.Castro
TIME OF ADJOURNMENT: 10:57 P.M.
CITY CLERK -
NEXT RESOLUTION NO.2009-C32.
NEXT ORDINANCE NO.2009-01. -
04/06/09 PAGE SIX -
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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 MANAGERA4rd
DATE: April 20, 2009
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 April 14, 2009, the Personnel Board confirmed the following Department Head recommendation regarding the
following Personnel Action requests.
A. MERIT INCREASE AND/OR REGULAR APPOINTMENT:
DEPARTMENT NAME CLASSIFICATION, ACTION/EFF RANGE/STEP
DATE BASE MO SALARY
UTL Larry Corrales Water Distribution Merit Increase 5188/4
Equipment O erator 03/05/2009 $5108.11
UTL Richard Water Distribution Worker Reg Appt/Merit 5178/3
Gonzales H Inc $4422.15
03/06/2009
UTL Maria Gomez- Customer Service Merit Increase 5154/5
Ville az Representative I 04/04/2009 $3856.88
LB Safaa Abou- Library Circulation Reg Appt/Merit 4166/4
Taleb Supervisor Inc $4218.61
11/15/2008
PD Todd Rasmussen Community Service Officer Merit Increase 9170/3
—Field 04/09/2009 $4064.79
ECD Kimberly Pilmer Assistant Planner Merit Increase 4190/3
05/06/2009 $4999.61
FISCAL IMPACT
There is no fiscal impact, as positions listed are funded in approved department budgets.
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CONSENT CALENDAR
TO: HONORABLE MAYOR AND AZUSA CITY COUNCIL
FROM: F. M. DELACH, CITY MANAGER,0�)
DATE: APRIL 20, 2009
SUBJECT: ADOPTION OF SERVICES PRIORITY POLICY FOR LOWER
INCOME DEVEMOPMENTS IN ACCORDANCE WITH SB 1087
RECOMMENDATION
It is recommended that the Azusa City Council adopt a resolution to provide water and
sewer services priority for lower income residential developments within the City of
Azusa for sewer service and within Azusa Light & Water's water service area for water
service, in accordance with SB 1087
BACKGROUND
SB 1087 was signed into law in October 2005 and to become effective January 1, 2006.
Among other provisions of SB 1087, it requires water and sewer service providers to
adopt policies and procedures for granting priority service allocations to low-income
housing developments.
SB 1087, according to its supporters, is intended to eliminate roadblocks experienced by
affordable housing developers in their efforts to build housing throughout the state. After
consultation with the City Attorney staff recommends that Azusa City Council adopt the
attached resolution to comply with the aforementioned specific requirement.
FISCAL IMPACT
No fiscal impact is anticipated.
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RESOLUTION NO. 09-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA,
CALIFORNIA, ADOPTING A SERVICES PRIORITY POLICY FOR LOWER
INCOME DEVELOPMENTS IN ACCORDANCE WITH SB 1087
WHEREAS, SB 1087 requires providers of water and sewer services to grant
priority for these services to "proposed developments that include housing units for lower
income households;" and
WHEREAS, SB 1087 defines "proposed developments that include housing units
for lower income households" as developments that include dwelling units to be sold or
rented to lower income households, as defined in Section 50079.5 of the Health and
Safety Code, at an affordable cost, as defined in Section 50052.5 of the Health and Safety
Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code;
and
WHEREAS, SB 1087 further requires that water and sewer providers adopt a
written policy with specific objective standards for meeting the priority requirement for
lower income developments; and
WHEREAS, the City of Azusa is a water and sewer service provider subject to
the requirements of SB 1087; and
WHEREAS, the City Council of the City of Azusa desires to adopt this resolution
in order to ensure developments with lower income developments receive service priority
in accordance with SB 1087;
NOW, THEREFORE, be it resolved by the City Council of the City of Azusa as
follows:
Section 1. Policy. In accordance with SB 1087, the City of Azusa shall grant
water and service priority to any "proposed developments that include housing units for
lower income households." For purposes of this policy, "proposed developments that
include housing units for lower income households" shall be developments that include
dwelling units to be sold or rented to lower income households, as defined in Section
50079.5 of the Health and Safety Code, at an affordable cost, as defined in Section
50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053
of the Health and Safety Code.
Section 2. Rescission of Conflicting Resolutions or Policies. All prior
resolutions or policies inconsistent with this Resolution are hereby repealed but only to
the extent that they conflict with this Resolution.
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Section 3. Effective Date. This Resolution is effective upon its adoption.
PASSED, APPROVED AND ADOPTED THIS day of , 2009.
Joseph R. Rocha, Mayor
ATTEST:
Vera Mendoza, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No. 09- was duly passed at
a regular meeting of said City Council thereof on the day of 2009 by
the following vote of the City Council.
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Vera Mendoza, City Clerk
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CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT B. GARCIA, CHIEF OF POLICE
VIA: F.M. DELACH, CITY MANAGER �(��
DATE: APRIL 20, 2009 `�
SUBJECT: PURCHASE OF INTEROPERABILITY RADIO
RECOMMENDATIONS
It is recommended that the City Council approve the purchase of the Raytheon ACU-T tactical
interoperability system, two Motorola radios, associated parts, materials and installation from the
lowest responsive bidder, Communications Center, in the amount of$19,568.50.
BACKGROUND
On August 6, 2007 the City Council approved the Police Department's application for funds
from the Edward Byrne Justice Assistance Grant (JAG) for the purchase of a mobile
interoperable radio system. A total of $20,681 in grant funds was awarded for the project. The
purpose of the proposed equipment is to provide a mobile radio system that will give field units
and agencies the ability to talk to one another during critical field events. The system will allow
field personnel to convert different radio frequencies used by other agencies to a single
frequency for purposes of mutual aid.
Police Department staff found several vendors that sold various components necessary to make
the system work, but only two vendors provided a turn-key solution:
• Communications Center, Glendora $19,568.50
• Future Concepts, San Dimas $34,484.29
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One reason for the disparity in the bids was that Future Concepts charges a significant fee to
train personnel on the system, whereas Communications Center provides the training free of
charge. In addition, the former vendor's installation price was nearly double that of the latter
vendor.
FISCAL IMPACT
Funding will be provided; under the Federal JAG 2007 grant award (account #28-20-310-056-
7140).
Prepared by:
Sam Fleming, Sergeant
Sam Gonzalez, Captain
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CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, PUBLIC WORKS DIRECTOWASSISTANT CITY MANAGER
VIA: F.M. DELACH, CITY MANAGER/ IPO
DATE: APRIL 20, 2009
SUBJECT: AUTHORIZATION TO SOLICIT BIDS FOR THE FOOTHILL BOULEVARD
BOARDWALK AND FOOTHILL/CITRUS INTERSECTION IMPROVEMENTS
RECOMMENDATION
Staff requests that the City Council authorize staff to solicit bids for the Foothill Boulevard Boardwalk
and Foothill/Citrus intersection improvements.
BACKGROUND
In October, 2008 the City Council approved the cooperation and reimbursement agreement with the City
of Glendora, Azusa Pacific University and Citrus College ("Agreement') to improve Foothill Boulevard
and the intersection of Foothill Boulevard and Citrus Avenue. In conformance with the approved
agreement, Azusa Pacific University hired a Consultant team to prepare the construction plans and
specifications. Design submittals were made to each party for review over the last few months. The
construction plans and specifications are now complete.
DISCUSSION
The proposed project will improve traffic circulation with dedicated turn lanes, provide shorter waits for
turning movements, and improved pedestrian circulation between Citrus College and the West APU
campus. Design components are: a boardwalk (widened sidewalk) along the North side of Foothill
Boulevard to connect the West APU campus with Citrus Avenue, modify the existing traffic signal at
Foothill Boulevard and Citrus Avenue to include protected left turns for all directions (eight-phase
signal), street widening on Citrus Avenue to allow for a free right turn into the Citrus College campus at
the intersection and remove the existing free right tum south of the intersection. The street widening on
Citrus Avenue will occur within.the City of Glendora and will require street improvements, storm drain
relocations, utility relocations and dedication of land from Citrus College to the City of Glendora.
Citrus College has agreed to dedicate the land necessary to complete the project.
Azusa Pacific University and Citrus College will be contributing a total of$180,000 for the project. The
design costs for the project will be funded using these contributions and the remaining funds will be
used towards construction costs. At this time the design costs total $126,335, leaving $53,665 available
for construction costs.
The City of Glendora owns and maintains 17% of the intersection and will contribute 17% of the
construction costs at the intersection. A preliminary estimate puts the City of Glendora's commitment at
approximately $65,000.
Azusa Pacific University has fulfilled their obligation as the lead party for the design of the project. The
City of Azusa and the City of Glendora have reviewed and approved the construction plans.
The City of Azusa will act as the lead agency for the construction phase of the project.
FISCAL IMPACT
The FY 2008-2009 Budget includes $200,000 for the Foothill Boulevard Boardwalk (#66109B) and
$400,000 for the Foothill/Citrus Intersection Improvements (#65309A). The City of Glendora will
contribute $65,000 and APU and Citrus will contribute $53,665. The total funding available for both
projects is $718 665. The engineer's estimate for both projects is $713,489.
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CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, PUBLIC WORKS DIRECTOWASSISTANT CITY MANAGER
VIA: F.M. DELACH, CITY MANAGER
DATE: APRIL 20, 2009
SUBJECT: AUTHORIZATION . TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH LEE & RO, INC. TO PREPARE A SEWER MASTER
PLAN
RECOMMENDATION
It is recommended that the City Council authorize staff to enter into a professional services
agreement with LEE & RO, Inc. to prepare a Sewer Master Plan for an amount not to exceed
$668,800.
BACKGROUND
The City's last Sewer Master Plan was prepared in 2001. Since then, the City has grown through
a number of revitalization projects, the 1,250 home Rosedale project, and several tract projects
currently under construction or in the planning phase. The main objective of this Sewer Master
Plan is to update the current and projected wastewater flows, while providing the City with
wastewater system design criteria, and recommend capital improvements with facility cost
estimates. On October 20, 2008, the City Council authorized staff to solicit proposals for a
Sewer Master Plan. On February 12, 2009, staff received 9 proposals from qualified firms. The
following is a list of firms that submitted proposals (in no particular order):
1. NEXGEN Utility Management 6. Huitt-Zollars, Inc.
2. RBF Consulting 7. Civiltec Engineering, Inc.
3. TMAD TAYLOR & GAINES 8. MWH
4. LEE & RO, Inc. 9. Carollo Engineers
5. Infrastructure Engineering, Corp.
Based on a thorough evaluation of their proposals, Public Works staff recommends Lee & Ro to
prepare the City's Sewer Master Plan.
y:
FISCAL IMPACT
The professional services agreement will be for an amount not to exceed $668,800. Funds for
the Sewer Master Plan are available from CIP #66503A.
Attachment: Professional Services Agreement
CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 20th day of April, 2009 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 LEE & RO, Inc., with its principal place of business at 1199 South Fullerton Road, City of
Industry, CA 91748 ("Consultant"). City and Consultant are sometimes individually referred to as
"Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing civil engineering and land surveying
services to public clients,is licensed in the State of California,and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services to prepare a Sewer Master Plan
("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 engineering 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. Consultant shall complete the Services within the term of this
Agreement, and shall meet any other established schedules and deadlines.
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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, and in accordance with the Schedule of Services set forth in
Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has
the professional and technical personnel required to perform the Services in conformance with such
conditions. In order to facilitate Consultant's conformance with the Schedule,City shall respond to
Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant
shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain
key personnel will perform and coordinate the Services under this Agreement. Should one or more
of such personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Consultant cannot agree as to
the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As
discussed below,any personnel who fail or refuse to perform the Services in a manner acceptable to
the City, or who are determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project or a threat to the safety of persons or property,shall be
promptly removed from the Project by the Consultant at the request of the City. The key personnel
for performance of this Agreement are as follows: Tom Holliman, P.E., Mike Curran, P.E.
3.2.5 City's Representative. The City hereby designates Carl Hassel,P.E.,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 Tom Holliman,
P.E., 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
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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.
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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 Scone of Insurance. Coverage shall be at least as
broad,as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and
(3) Workers'Compensation and Employer's Liability: Workers' Compensation insurance as required
by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General Liability Insurance or other form with general
aggregate limit is used; either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)
Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3)
Workers'Compensation and Employer's Liability: Workers' Compensation limits as required by the
Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident for
bodily injury or disease.
3.2:10.3 Professional Liability. Consultant shall procure and maintain,
and require its sub-consultants to procure and maintain, for a period of five (5) years following
completion of the Project, errors and omissions liability insurance appropriate to their profession.
Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to
include contractual liability.
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.
(B) Automobile Liability.Jhe-automobile liabilitypolicy 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,
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loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which
the Consultant is responsible; and(2)the insurance coverage shall be primary insurance as respects
the City, its directors, officials,officers,employees,agents and volunteers,or if excess,shall stand in
an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any
insurance or self-insurance maintained by the City,its directors,officials,officers,employees,agents
and volunteers shall be excess of the Consultant's insurance and shall not be called upon to
contribute with it in any way.
(C) Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials,
officers, employees, agents and volunteers for losses paid under the terms of the insurance policy
which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A)coverage shall not be suspended,voided,reduced or
canceled except after thirty(30)days prior written notice by certified mail,return receipt requested,
has been given to the City; and (B) any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage provided to the City, its
directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds:No Special Limitations. All insurance
required by this Section shall contain standard separation of insureds provisions. In addition, such
insurance shall not contain any special limitations on the scope of protection afforded to the City,its
directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the City. Consultant shall guarantee
that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its directors, officials, officers, employees, agents and
volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M.Best's rating no less than A:VIII,licensed to do business in California,
and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this Agreement on
forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be
signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms
provided by the City if requested. All certificates and endorsements must be received and approved
by the City before work commences. The City reserves the right to require complete,certified copies
of all required insurance policies, at any time.
3.2.11 Safety. Consultant shall execute and maintain its work so as.to avoid injuryor. "...,....._
damage to any person or property. In carrying out its Services,the Consultant shall at all times be in
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compliance with all applicable local, state and federal laws,rules and regulations,and shall exercise
all necessary precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable shall include,
but shall not be limited to: (A) adequate life protection and life saving equipment and procedures;
(B)instructions in accident prevention for all employees and subcontractors,such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation,including authorized
reimbursements,for all Services rendered under this Agreement at the rates set forth in Exhibit "C"
attached hereto and incorporated herein by reference. The total compensation shall not exceed
nineteen thousand nine hundred ten dollars ($668,800.00) without written approval of the City
Manager. Extra Work may be authorized, as described below, and if authorized, will be
compensated as 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 seq., and 1770,et seq., as well as California Code of Regulations,Title
8 Section 16000 et se ("Prevailing "
q , 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
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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 Agreement.
3.5.1.1 Grounds for Termination. City may,by written notice to Consultant,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Consultant of such termination, and specifying the effective date thereof,at least seven(7)
days before the effective date' of such termination. Upon termination, Consultant shall be
compensated only for those services which have been adequately rendered to City, and Consultant
shall be entitled to no further compensation. Consultant may not terminate this Agreement except
for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data and
other information of any kind prepared by Consultant in connection with the performance of Services
under this Agreement. Consultant shall be required to provide such document and other information
within fifteen(15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein,City may procure,upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant:
LEE & RO, Inc.
1199 South Fullerton Road
City of Industry, CA 91748
Attn: Tom Holliman P.E.
7
City:
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702-1295
Attn: Carl E. Hassel, P.E.
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48)hours after deposit in,the U.S. Mail,first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications,studies, drawings,estimates,and other documents or works of authorship fixed in any
tangible medium of expression,including but not limited to,physical drawings or data magnetically
or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant under this Agreement("Documents&Data"). Consultant shall require all subcontractors
to agree in writing that City is granted a non-exclusive and perpetual license for any Documents&
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents&Data. Consultant makes no such
representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be limited
in any way in its use of the Documents and Data at any time,provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
3.5.3.2 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.
8
3.5.5 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.
3.5.6 Indemnification. To the fullest extent permitted by law, Contractor shall
defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free
and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity,to property or persons,including wrongful death, in any manner
arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or
willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and
contractors arising out of or in connection with the performance of the Contractor's Services,
including without limitation the payment of all consequential damages, expert witness fees, and
attorneys fees and other related costs.and expenses. Contractor shall defend, at Contractor's own
cost,expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every
kind that may be brought or instituted against City, its directors, officials, officers, employees,
agents, or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors,officials,officers,employees,agents,or volunteers,in any such
suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials,
officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by
each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's
obligation to indemnify shall not be restricted to insurance proceeds,if any,received by the City,its
directors, officials officers, employees, agents, or volunteers.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.10 City's Right to Emoloy Other Consultants. City reserves the 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.
9
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 parry 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.
10
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every employer
to be insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts,each of which
shall constitute an original.
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.
11
CITY OF AZUSA LEE & RO, Inc.
I
By: By:
Fran Delach Dhiru Patel, P.E., Principal-in-Charge
City Manager
I
Attest
Vera Mendoza
City Clerk
Approved as to Form:
Best Best & Krieger LLP
City Attorney
12
EXHIBIT "A"
SCOPE OF SERVICES
LEE&RO,Inc. shall prepare a Sewer Master Plan per the Approach and Scope of Work included in
the proposal, dated February 12, 2009.
A-1
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Sewer Master Plan February 12,2009
Section 2
Approach and Scope of Work
The City of Azusa recently retained the services of a consultant to conduct a Master
Sewer Plan for its.sewer collection and interceptor system.The project was stopped
before it was completed although significant progress had been made.
• A hydraulic assessment of the sewer system was performed.
• An MWH H2OMap Sewer computerized hydraulic model of the sewer system was
developed from City as-built records.
• A comprehensive inventory of the City's sewer collection system was created.
• A GIS-based sewer system map was developed with hyper-linking capability
indicating all available as built information.
• A draft Capital Improvements Program (CIP)was established to alleviate existing
hydraulic deficiencies and handle future growth (primarily the new Rosedale
development), and other sewer system upgrades for extended performance and
ease of operations and maintenance.
The City is seeking a consultant team to complete the City's Sewer Master Plan by
utilizing the work completed to date, adding missing information, and examining the
conclusions and recommendations of the previous effort. Once complete, the sewer
master plan will guide the design and construction of new facilities, upgrades, and
rehabilitation for the next 10 years,
BACKGROUND
The City of Azusa was incorporated in 1898 and is a mature City with approximately
97% of the area developed as residential and commerciallindustrial. Most of the sewer
system was constructed in the 1940's and 1950's and, at 60 years old, is potentially in
need of replacement, rehabilitation, or upsizing. Although a small percentage (3.1%) of
the total City is available for development, it is estimated that future growth will increase
existing sewer loading by 11.2°/x, Depending on where that growth occurs in the system
this growth may strain already taxed sewer collection facilities.
CITY CHALLENGES
The mission of the City's Public Works Department is oto improve with pride the quality
of life through effective maintenance of community public works assets, such as streets,
public buildings, and City vehicles". A significant portion of those community public
works assets is the City's sanitary sewer collection system. In order to fulfill the Public
Works Department's mission the City needs a plan to guide its sewer maintenance
operations. Because of the limitations on funding, the sewer master plan must include a
practical business approach to operating and maintaining this critical public works asset.
Approach and Methodology
Every plan begins with the stated purpose. In the case of the City of Azusa sanitary
sewer system, the purpose of the sewer system is to provide reliable, safe, cost effective
sewer service to the citizens of Azusa. Reliability is defined as sewer service that is free
from interruptions due to clogging; surcharging, or that fails to meet regulatory
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requirements. Safe includes averting nuisances such as offensive odors, no sanitary
sewer spills, and no catastrophic failures resulting in sink holes or other surface and/or
subsurface damage. Cost effective requires that the business plan lay out a cost
structure that minimizes the cost to the residents while still achieving the first two
requirements. The final plan should contain an assessment of the existing system, a
tool for evaluating the performance of the existing system, a methodology for
determining deficiencies, a priority weight schedule for addressing the deficiencies, and
finally, an analysis of the funding available to address the issues outlined in the plan.
The primary effort in completing the sewer master plan will be the completion of the
CCN inspection and physical assessment. This data will be used to update the
hydraulic model, estimate the remaining life of the sewer facilities, and identify current
problems and the available means to deal with those problems. LEE & RO's objective
for the CCN inspection and condition assessment phase of the master plan project is to
provide the City with an accurate assessment of the condition of the existing system,
within budget, and on time. The final schedule for completing the master plan will be
directly affected by the timely completion of the CCN inspections and assessment. We
have successfully conducted CCN investigations and performed condition assessments
Ion hundreds of miles of sewer pipelines and thousands of manholes for large
municipalities such as the City of Los Angeles and the City of San Diego. We are
confident of our ability to provide similarly successful results to the City of Azusa,
EXISTING SYSTEM
A. Physical Inspections-the first step in preparing the sewer system plan is to
evaluate the current state of the City's sanitary sewer assets. The system has
not been video inspected and the condition of most of the system is unknown.
The potential for system failures due to corrosion, undersized or oversized
sewers has not been fully verified through inspections, the amount of leakage
into the sewers from infiltration and intrusion has not been validated, and the
remaining service life of the sewer facilities has not been established.
The evaluation of the sewer system assets will include determining the following:
• Where are the sections that have cracks, settlement, root intrusion,
significant oil/grease build up, or severe internal corrosion?
• Where are the highest risk areas?
• What is the extent of the problems (length of cracks, degree of
settlement, thickness of grease deposits, depth and extent of surface
corrosion)?
• What methods are available to repair and/or rehabilitate the sewer(CIPP
lining, pipe bursting, full replacement, point repair with grouting sleeves)?
• How long will each method take to affect repairs?
• How long do we have to rehabilitate or make repairs (remaining life
projections)?
• How to prioritize the problems?
The primary method for performing the system assessment is to conduct a
comprehensive sewer inspection. This is done through CCN inspections. A
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team made up of City operations personnel, LEE & RO engineers, and the CCN
inspection/assessment team will review the inspection videos and determine the
condition of each segment of sewer. A condition assessment matrix will be
employed to capture relevant data and to rank each section in terms of action
priority.
With experienced CCN inspection subconsultant team members and
experienced in-house staff working on key project tasks, you can have
confidence that a practical and economical schedule and plan will be developed
and that issues will be dealt with professionally and as soon as they arise. Our
Project Manager will notify the City's Project Manager, or designated
representative, within 24 hours of discovering any emergency conditions and will
report if the condition poses a potential threat of an imminent Sanitary Sewer
Overflow(SSO) if immediate remedial action is not taken. We will be up-front
and candid in keeping City staff appraised of the project status and will provide
tangible information on project progress, accomplishments, potential problems
and recommended solutions, permitting and coordination activities, and choices
available to City regarding the project.
LEE & RO will do its homework in communicating with the City staff to identify
and implement applicable policies and preferences, standards, and defect codes
for the investigation and condition assessment so that deliverables such as
schedules, logs, and reports are provided in the format expected and that data
provided is easily integrated into the City's existing system architecture.
LEE & RO has performed similar tasks to those requested in the RFP on
previous sewer CCN inspection and condition assessment projects. We are
familiar with the various types of issues that are likely to be encountered, such
as; safety issues (Traffic Control, Confined Space Entry, 40-Hour Hazwoper),
debris in the pipes, high flow levels, public relations challenges, protruding
laterals, and areas with difficult access.
Based on our experience in previous CCN projects, we have encountered a
variety of challenges that the City should anticipate on this project_ Some of
these challenges are listed below.
General
1. The length of trunk sewer requiring cleaning is much higher than
anticipated.
2. A system is needed to deploy an assigned City maintenance crew to
the CCN subcontractor to get corroded manholes opened and
manholes raised. Access to the manholes is critical in obtaining a
complete televised survey.
3. Different versions of GIS databases that result in errors in the base
mapping and potentially overlooking manholes and other structures.
4. Poor quality and lack of availability of as-built plans.
5. Much more office support needed than anticipated.
Manhole Location & Surveyinp
1. Locked gates and fenced-in manholes
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2. Realigned, buried, or removed manholes
1 Mean dogs, bees, and beehives
4. Manholes submerged underwater or buried
5_ Garbage that gives false metal detection signals
6. Manhole locations where the satellite lock is lost
T Traverse time using conventional surveying
8. Homeless camps and associated garbage
9. Buried manholes with concrete lids -metal detection not possible
10. Underestimated effort required to open secured manholes
The task of coordinating the subsurface work of televising and inspecting the
sewer and the surface activities is accomplished through the preparation of a
tactical work plan. The first task will be developing an accurate map of the sewer
system and manhole structures. Previous as-built and GIS data will be
reconciled into a composite map prior to mobilizing the CCN crews: Field
review of key structures will be made to validate the sewer map.
Before moving CCN equipment into an area, teams will sweep the surface area
to identify and deal with access issues such as trash and debris, abandoned cars
over manholes, dogs, and to notify residents of the work. The sweeps will be
coordinated with the CCN subconsultant so that the areas are cleared at least a
week ahead of the CCN work. This will allow time to excavate buried
manholes, tow away parked cars, deal with residents, and remedy other
interferences. If authorized by the City, sewer cleaning trucks will be put on
stand-by to assist in cleaning sewers that may have more material than
expected, and vector control will be notified prior to manhole inspections to assist
in dealing with bees and other vectors. Finally, advance notices will be provided
to residents well ahead of the surface sweeps and the CCN work to identify
public relations challenges and to provide sufficient time to mitigate any
problems.
B. System Simulation-the second tool essential for operating and maintaining the
sewer system is a method of evaluating the performance of the system so that
hydraulic deficiencies can be determined, flow rates can be determined, and
impacts from new developments and re-development areas assessed and
validated. To accomplish this modeling tools are necessary. LEE & RO will
review and update the H2OMap Sewer model to correct the previous omissions
due to the lack of as-built drawings. The sewer model will provide several
benefits, including:
• An accurate computer model can be used to assess the impacts of new
development and redevelopment on the existing system. Impacts to
existing capacity may not be confined to sewers immediately adjacent to
the projects. The ability to identify the City-wide impact of new
development and re-development will allow the City to collect appropriate
impact fees and properly condition developments early in the
development approval process.
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• Hyper-linking will provide staff with the ability to access as-built drawings
and sewer clips quickly.
• The model can be used to generate intelligent atlases and to print hard
copy system atlases for field personnel..
• The model will provide an accurate inventory of the system.
C. System Evaluation —equipped with a complete assessment of the current state
of the sewer system and with tools to evaluate its performance, the next phase
yields the following questions.
• Where are the hydraulic deficiencies?
• Where are the structural deficiencies?
• What facilities are impacted by new development or pending
redevelopment?
• How will the relative ranking of projects be determined?
1. Hydraulic deficiencies—in order to determine if the system is performing
hydraulically, performance criteria must be established. Criteria will include,
but not be limited to, minimum and maximum velocities and depth to diameter
ratios. Pipelines that do not meet the hydraulic criteria under current flow
conditions will be identified and those that will under perform due to future
development sewer flows will also be identified.
2. Structural deficiencies—structural deficiencies include cracks in the
pipelines, settlement at joints, severe corrosion, missing sections of pipeline
either through damage or complete corrosion, deteriorated manholes, and
voids. A method for addressing repairs for each of the structural deficiencies
must be established. Corroded sewers can be relined with a CIPP liner or
other forms of sliplining. Cracks can be repaired using grouting sleeves or
point repairs with repairs clamps. Deteriorated manholes can be relined with
cement, corrosion proof coatings, or replaced.
3. Impacts of new development and redevelopment—estimated flows from
new developments or redevelopment areas can be modeled and the City-
wide impacts can be assessed. This will allow the City to collect appropriate
impact fees as well as determine the schedule for the upgrades necessary for
the development
4. Establishing relative ranking—after determining what sewer facilities must
be repaired or upgraded due to performance issues or increased sewer flows,
ranking criteria must be established to determine which facilities are to be
addressed first. Facilities necessary to accommodate new development
should be scheduled in accordance with the development schedule..
Performance related projects should be ranked based on size of the facility,
level of performance failure, remaining life of the facility, and history of
problems.. This ranked list of projects will also be subject to City street
construction schedules and street repaving projects.
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Alternative CCTV Inspection Recommendation
The scope of the sewer master plan includes performing CCN inspections of all 80
miles of City sewers. Based on the inventory analysis done by the previous consultant,
86% of the City sewer system is 8-inch pipeline.. Of the 80 miles of sewer, 12.5% or
approximately 52,800 feet is 10-inch to 21-inch diameter piping making up the trunk
sewer system. LEE& RO recommends that an incremental CCN inspection program
be followed. In Phase I of the program the highest risk sewers will be inspected first.
These include:
• Sewers 10-inch and larger
• 8-inch sewers with a history of maintenance problems (excessive
roots, crack point repairs, voids)
• 8-inch sewers in commercial areas with a history of grease
Phase II of the program will focus on those 8-inch sewers that were input in the hydraulic
model with assumed values because of the lack of record drawings. This portion of the
work will be approximately 22% of the system. At this stage in the CCN inspection
program over half of the system will be video inspected and the hydraulic model will
have a complete record of all pipe diameters.
Phases III and IV will include the remaining system at approximately 25% of the system.
per year.
A phased inspection program will allow the City to address immediate problems, catalog
the condition of the sewers that will be the most costly to rehabilitate and whose failures
can have the largest impact, and adjust the annual inspection budget to fit available
funding. If the City adopts this phased approach,the CCTV inspection, hydraulic model
updating, and sewer master plan scope must be adjusted.
Funding Constraints
Once the extent of the modifications and upgrades needed for the sewer system have
been determined and a ranked list of projects has been established, the next step in the
plan is to determine funding constraints. Given that the Public Works Department has a
finite amount of funding available each year, the plan must address key issues in the
sewer system while at the same time staying within budget.
The plan will overlay the projected budgets for the next ten years based on the City's
financial plan. With limited developer fee income and ad valorem property tax revenue
dropping as a result of the housing crisis,the plan must also address the potential for
other sources of funds. These may include the following:
• Local funding—operating cost savings, sewer rate increases, municipal
bonds
• State funding—SRF loans and State grants
• Federal funding—Federal grants and infrastructure loan programs
• Private financing—Potential private investor funding through use of
private loans or privately placed City bonds
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Additional Plan Elements
In addition to the infrastructure requirements of the sewer system there are additional
program elements that should be considered in the plan. These include the City's:
A. FOG program—the fats, oils, and grease reductiontremoval program will have
an impact on those sewers severely affected by grease. This will lead to less
frequent cleaning of impacted sections making more funds available for repairs
and upgrades..
B. SSMP—the Sanitary Sewer Management Plan requires that the City operate the
sewer collection system in a way that will eliminate spills. The applicable
element of the SSMP should be reflected in the Sewer Master Plan, especially if
it entails additional capital facilities.
C. Updating the Master Plan—since changes occur over time, the plan must also
have a means to keep it current. An annual review of the capital improvement
schedule should be conducted, 10% of system should be CCN inspected each
year to verify that remaining life projections are still accurate and valid, and finally
funding changes should be applied to the plan to see if the scope of the annual
capital improvement program changes.
PROJECT MANAGEMENT
LEE & RO will focus on the commitment of the proposed project team, proactive
communications, production efficiency, maintaining schedules, controlling budgets,
production of high quality deliverables, and delivering quality services to the City.. The
d.
will be committed to the project with these goals in mm
LEE & RO Project Manager P 1
Key management e
mentaPP approaches are as follows:
1. Proiect Communication. Timely, frequent and detailed communication is an
essential tool for project success. Communication must also follow the
established lines and be well documented in order to assure that all project
partners who need to know are well informed. Directives by the City will be well
documented so that all parties clearly understand the chosen course, and our
project manager will be in regular contact with the City's Project Manager through
phone calls, e-mails, and occasional office or site visits.
2. Willingness to Listen to and Work with City Staff. LEE & RO believes that the
active participation of the City's staff with our field reconnaissance to discuss and
resolve potential field issues prior to commencing CCTV inspection work is
critical to the timely success of the investigation process. Ongoing discussions
regarding the hydraulic modeling, recommendations based on the modeling, and
developing 10-year capital improvements will provide a streamlined process for
delivering a final sewer master plan. We listen to clients and seek active .
participation and project ownership from their staff. We will consider the LEE&
RO Team as an extension of the City's staff.
3. Monthly Project Status Reports. Our Project Manager will prepare and submit to
the City Project Manager a monthly project status report that will include
discussion of significant events including decisions reached and a summary of
task completions during the current reporting period, project progress to date
(percent complete), potential problems or schedule slippage, schedule recovery
alternatives, a project budget tracking report, schedule updates, status of
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deliverables, upcoming significant events expected to occur during the next
reporting period, and a summary of permitting coordination status..
4. Team Member Activity Coordination. The quality and consistency of LEE & RO's
project deliverables is dependent on the coordinated effort of all staff and
subconsultant contributions to the project. Effective inter-office communication
between team members, well organized, centrally located project records, and
timely subconsultant coordination will be project management priorities.
5. Quality Assurance/Quality Control (QA/QC) Plan. LEE & RO will establish a
QA/QC budget to carefully review the deliverables before they are submitted to
the City. The LEE& RO QA/QC Officer will perform an independent review of
our deliverables before each milestone submittal is made to the City. The
QA/QC Plan will be submitted to the City for review and approval.
QA/QC COMPONENTS
LEE & RO's Quality Control components include:
✓ Study and incorporate City's Standards and Procedures
✓ Coordinate reconnaissance findings with CCTV crews
✓ Ensure that the data entered into the hydraulic model from the CCN
inspection is accurate.
✓ Review the hydraulic simulations to verify they are accurate
✓ Ensure uniformity and consistency of observation comments
✓ Plan for high quality deliverables, not just a cursory review
✓ Timely review
✓ Present°clear and concise" documents, data, and recommendations
✓ Database integrity and completeness
✓ QC Review Log
VALUE ENGINEERING
LEE& RO will conduct an internal value engineering exercise to analyze and evaluate
the different repair, rehabilitation, and replacement alternatives considered and
determine the most cost effective solution for an identified system defect. LEE & RO
will review the project recommendations based on hydraulic deficiencies identified in the
model to verify that they are appropriate. The LEE& RO value engineering team will
consist of our in-house design.and construction professionals who will openly discuss
the project requirements and proposed solutions, including identification of project
challenges,weighting of identified defects, repair and rehabilitation prioritization, viable
alternatives considered and their impact on construction. During these discussions,
project site and design criteria will be addressed with an emphasis on identifying project
"drivers", as well as specific design and construction concerns and/or opportunities. The
results of thevalue engineering exercise will ultimately be presented to the City in the
form of a prioritized repair, rehabilitation, and replacement list.
LEE& RO, Inc.
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Scope of Services
LEE & RO has reviewed the work completed thus far on the City's Sewer Master Plan.
In order to complete this effort and provide the City with an effective sewer system
business plan the following tasks will be completed.
1. Project Management and Administration
LEE & RO's Project Manager will provide a monthly status report along with each
monthly invoice statement submitted. The monthly status report will identify work
complete to date for all project tasks and activities, will address project issues and
resolution of issues, will identify expenditures by task and will compare the amount
expended to date, amount remaining, and percent complete with the total project
budget. The report will also describe work anticipated to be completed during the
next report period. Updated schedules showing work completed and work remaining
will be correlated against the original approved baseline schedule and included with
the monthly status report..
2. Project Schedule
LEE & RO's Project Manager will prepare and maintain a project baseline schedule
that details and outlines all project tasks, deliverables and milestone dates. The
baseline schedule will show the work to be completed within 120 working days from
the issue date of the NTP. This schedule will be submitted to the City for approval
within 10 working days from the issue date of the NTP. The schedule will be
updated monthly and included along with status report for the submission of the
monthly invoice.
3. Research, Data Gathering & Data Format
LEE & RO will receive, from the City, GIS shape files containing attribute data such
as length, material and diameter of the pipelines and that also includes a unique
facility identifier for each manhole and pipeline segment to be inspected. LEE & RO
will conduct field reconnaissance to complete any missing attribute data. LEE & RO
will review the City's existing orthophotography and other available data such as
existing record plans, previous reports and studies. With the City's assistance LEE &
RO will prepare maps detailing the pipeline segments and manholes to be inspected.
These maps will be used to arrange and schedule the inspection work into logical,
contiguous tasks of approximately five (5) to seven (7) miles in length..
4. Review Previous Sewer Master Plan - LEE& RO will review the work products
provided by the City's previous consultant including the master plan report, computer
modeling, and any other information developed by the previous consultant It is
assumed that the City will provide all data in electronic format for use in producing
the final sewer master plan. LEE&RO will coordinate with the Public Works
Department and Azusa Light and Water to determine if there have been significant
changes in the base data used in the previous master plan work. It is assumed one
meeting with each group will be required.
5. Review Infiltration and Inflow(Ili)Study—LEE& RO will review and verify the
methodology and results of the Infiltration and Inflow(1&1) Study performed by the
previous consultant. Based on the information in the current plan, an infiltration rate
of 3%was assumed. This value will be re-visited in light of the CCN inspection of
the system.
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S. Examine the Existing Sewer System (CCTV Inspection)—LEE& RO will CCTV
inspect all 80 miles of City sewer system. LEE & RO has made allowance to provide
cleaning services for approximately 25% of the sewer system. It is understood that
the amount of cleaning may be reduced by the City. It is assumed that the City will
provide access to its system and assistance in obtaining access to the easement
areas. City operations personnel will be available to assist in the review of the CCTV
video tapes and comment on the assessment of the condition of the pipelines. LEE
& RO will be responsible for removal of any debris generated by the sewer cleaning
operations. The following detailed tasks will be completed..
6.1 Reconnaissance
LEE & RO will conduct preliminary field reconnaissance to develop a list of questions
and potential access issues to submit to the City for resolution prior to commencing
CCN inspection work. LEE & RO will use GIS map information provided by the City
to locate pipeline manholes. Members of the LEE & RO team will go to each
manhole in advance of the CCN inspection crews accomplishing the following:
Verify manhole locations, easement accessibility, potential problems, and
traffic control requirements
Identify manholes located on private property
• Identify manholes covers that are the lock down or bolt down type
requiring special tools and keys for removal
Prepare a list of"Not Found' manholes
LEE & RO will prepare and submit to the City a list of private property addresses
requiring access. The list will include a schedule of work anticipated on each
property and will identify who will contact the resident for access.
LEE & RO will submit the list of"Not Founrf manholes for each area to the City and
will obtain written authorization from the City's Project Manager prior to commencing
any surveying activities necessary to locate these manholes. These activities are
further described in Task 6.3.2—Manhole Locating.
LEE & RO will maintain a Reconnaissance Log documenting the findings of activities
performed, including the date on which the activity was performed. The
Reconnaissance Log will be submitted to the City.
6.2 Public Notification
Once the list of manhole locations on private property is prepared,the LEE & RO
team will prepare notifications on City letterhead and coordinate their delivery to the
occupants of those residences on the list The notifications will describe the
intended work, the timing and duration of the work, and will advise who will be
contacting them to arrange access. The notification will include contact names and
telephone numbers of responsible LEE& RO and City representatives for the
occupants to contact should they have questions. LEE & RO will coordinate all
contact with the occupants of the listed residences.
Doorknob informational fliers shall be left at locations where contact with the
occupants is not successful. Subsequent notification attempts will be coordinated
through the City. The LEE & RO team will not enter private property without prior
contact with the occupant.
LEE& RO, Inc.
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6.3 Traffic Control Services
6.3.1 Traffic Control
Traffic control plans will generally be prepared in accordance with the Work Area
Traffic Control Handbook (WATCH) or in accordance with the California Manual
on Uniform Traffic Control Devices (MUTCD).. All required traffic control devices
will be provided and maintained in accordance with the plans. It is our
understanding that permits will not be required from the City or from Caltrans.
LEE & RO shall endeavor to maintain access to private property to the greatest
extent practicable and minimize the time period that driveways will be closed,
impacted 'parties will be notified as indicated in Task 6.2 above prior to
commencing that work..
6.3.2 Man Ihole Locating
LEE& RO will submit the list of"Not Found' manholes to the City as described in
Task 6.1 above. The City will then review and approve that list. LEE & RO, if
subsequehtly authorized to proceed with further manhole locating measures, will
utilize existing As-Built information to attempt to locate the manhole. Should we
still not be able to locate the manhole, LEE & RO, if so authorized by the City,
may schedule a land survey to accurately mark the manhole location, as
indicated by the As-Built information or the GIS shape file. If the manhole still
cannot be;located, LEE& RO will utilize a metal detector in an attempt to locate
the manhole. Once located, LEE& RO will notify the City and the City will
expose ariy buried or paved-over manholes.
Should the decision be made to televise through a covered manhole by access
through upstream and downstream manholes, the location of the covered
manhole will be noted in the televising notes and will be inspected to the greatest
extent practicable. LEE & RO will submit a list of these manholes that remain
buried or covered complete with location and inspection
notes.
6.4 CCN Inspections of Sewer Lines i
6.4.1 CCN Inspection
LEE & RO will provide CCN inspection services for the
approximately 84 miles of sewer pipeline segments in the
City of Azusa sewer collection system, including manholes
opened for CCN camera access and/or cleaning. The 4==
sewer pipeline CCN inspections will be performed by LEE & xz
RO subconsultant Houston and Harris. A CCN
inspection log will be maintained for all inspection ;
activities. The log will indicate the date and the time ._
the inspection is performed on each pipeline
segment.
6.4.2 Operation Qualifications-All CCN = III
operators will be qualified to perform the inspection u
services and will be National Association of Sewer
Services Companies (NASSCO) certified by having
passed the Pipeline Assessment and Certification
Program (PACP). Where necessary, technicians that are OSHA certified for
-:._.. LEE& RO, Inc.
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Sewer Master Plan February 12, 2009
confined space entry will perform any confined space entries, following all related
OSHA guidelines.
6.4.3 Equipment-the CCN equipment provided by Houston and Harris will
include Pan and Tilt color video cameras, a video monitor, cables, power sources
and other ancillary equipment..A backup camera will be available onsite at all
times. The cameras used are specifically designed and constructed for CCN
inspection of sanitary sewer pipelines. The cameras will have a high resolution
rotating lens. The camera optical focal distance is adjustable through a range of
1"to infinity. Lighting intensity and camera focus are adjustable from the
monitoring station. The lighting and picture quality can be remotely controlled to
provide a clear, in focus picture of the entire periphery of the pipeline for all
conditions encountered.
6.4.5 CCN Inspection Codes
LEE& RO will create a set of standards to be used for assessing the condition of
the sewer pipelines and manholes inspected. All defects will be assigned a
severity weighting of 1 to 5,with 1 being least severe and 5 being most severe.
The standards will be weighted in such a way that the pipelines and manholes
can be prioritized based on a structural deficiency ranking. This will facilitate the
City's implementation of their sewer rehabilitation projects, providing the most
benefit for each dollar spent by identifying the pipeline segments and manholes
in the worst condition and allowing them to be repaired or rehabilitated first.
Uniformity and consistency of the observation comments is essential in providing
useful assessment results. All CCN inspectors will be thoroughly trained in
identifying the defects listed in the set of standards created to ensure consistency
in the inspections, Through the use of standardized defect observation codes,
different CCN operators can provide consistent comments with respect to
pipeline and manhole conditions.
6,4.6 CCN Inspection Video Requirements
LEE & RO will provide videos of the CCN inspections that include a narrative
description of the conditions observed. The narrative shall be clear, complete
and distinct. The audio description of the conditions observed will be made on a
real time basis and not as a voiceover after the video image is recorded.
The CCN inspection videos will include the following:
• Opening Text Screens—site location, timeldate, facility identification
number of the sewer line, and upstream and downstream manhole facility
identification number. A voice narrative commenting on this data shall
accompany the text screens.
• The facility identification number,the direction of the inspection, the
access points associated with the sewer line, the pipe size, the pipe
material, and a continuous readout of the camera distance from the
starting manhole will be continuously displayed on the monitors and
recorded on the video.
As observations are made during the CCTV inspection, the applicable
observation codes as described above for the conditions observed will be
displayed on the video along with an accompanying narrative describing
the observed condition.
:. LEE&RO, Inc.
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Sewer MasterPlan February 12, 2009
LEE & ROlwill submit at the start of the televising activities for approval by the
City, an example demonstrating the typical video and audio quality that will be
provided for the project. Any proposed changes to video format, data
processing, compression or other conditions will be noted in the submittal for
consideration by the City.
6.4.7 CCTV Inspection Digital Photos
LEE& ROI will provide digital color photographs of significant defects and
representative pipeline conditions captured during CCN inspection. LEE& RO
will provide an average of approximately four(4) photographs for each section of
pipeline between manholes. At a minimum, at least one (1) photograph will be
taken for each pipeline. The digital photo files will be annotated with the pipeline
facility identification number and representative footage.
6.6 Cleaning of Sewer Pipe
The City has stated that 75% of the City's r
sewers have been cleaned. This task provides
for the cleaning of the remaining 25% of the
sewer system to facilitate CCN inspection and NOW
condition assessment. No cleaning work will be
prior authorization from the Cit Manager.
's Project
performed without p Y J
LEE & RO will prepare a maintain a cleaning log for each section cleaned that
includes the facility identification numbers of the sewer lines cleaned, the nature of
the debris removed, the approximate weight of the debris, and documentation of the
disposal of the debris..
6.6 Red Flag Notifications
LEE & RO will notify the City's representative designated to receive Red Flag
Notifications that emergency repairs or cleaning may be required within 24 hours of
discovering the emergency condition. The CCN inspection operator will offer a
professional opinion as to whether the emergency condition pose a threat of an
imminent Sanitary Sewer Overflow(SSO) if remedial action is not immediately taken.
LEE & RO will maintain a record of all Red Flag Notifications submitted that contains
a unique Red Flag Notification number, date and time of discovery of the emergency
condition, pipeline facility identification number, a description of the problem, and any
pertinent comments from City staff regarding the condition and/or response.
6.7 CCN Quality Control
LEE & RO will prepare a QA/QC Plan and establish a budget for QA/QC activities to
ensure high quality results and deliverables. The QA/QC activities will include, but
not be limited to the following:
• Coordination of reconnaissance findings with other contract work
• Training of CCN operators on observation defect code standards to ensure
uniformity and consistency of the observation comments
• Review of CCN inspection videos for accuracy and completeness of
observations, video quality, and proper inspection procedures
• Database integrity and completeness
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Sewer Master Plan February 12, 2009
• Review of recommended repair or rehabilitation methods
LEE& RO will maintain a log of all QA/QC activities reporting review dates for
training activities and video files.
6.8 Condition Assessments
6.8.1 Condition Assessment and Recommendations
LEE & RO will review the findings of the CCN sewer pipeline inspections
performed by LEE & RO.
From the review process, LEE &RO will make general repair and rehabilitation
recommendations needed for those pipeline segments with defects. The
recommended repairs will be prioritized based on a structural deficiency ranking
generated from the weighted standards.
The following categories will be used to indicate the general remediation
requirements:
No Action
• Debris Cleaning
Root Cleaning
• Spot Repairs
Segment Replacement and/or Rehabilitation
a. Sewer inspection data collected on each segment from the inspection
shall be reported on a sewer segment inspection form, the format of which
shall be approved by the City prior to commencing manhole inspection
operations. A sample is shown as Figure 1-1 on the following page.
b. CCTV inspection log will provided to the City as an appendix to the sewer
master plan.
c. All inspection videos complete with audio narrative descriptions of
conditions observed will be provided to the City as an appendix to the
sewer master plan. Video files will be named in accordance with file
naming conventions approved by the City. One file will be provided for
each pipe segment inspected from manhole to manhole.
7. Perform Flow Monitoring—LEE&RO will perform flow monitoring at five (5)
locations that will be determined by the City. Continuous, 24-hour, flow monitoring
will be conducted for 30 days and the data provided to the City. It is assumed that all
of the monitoring locations will be accessible without excavation.
_ LEE &RO, Inc.
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Sewer Master Plan February 12, 2009
Figure 1-1: Sewer Segment Inspection Form
INSPECTION REPORTS
DATE WORK 6: RAINFALL• OPERATOR: SECTION A: FACSEQ
01/0912002 0° TOM TOE I 16797
OWN COMBINED IO:1 VEHICLE: CAMERA: PRESET: CLEANED: SEVERITY:
D209.123 I TWITS PANtnLT NO 6889
STREET: CUSHING FLD SK FROM: D20S MH: 124
CITY: CRY OF SAN DIEGO FLO BK TO: D20S MH: 123
CROSS ST: I CD ID: 4 TV'D LGTH: 511.1 FT
UPS COMBINED TO: D20S•124 PIPE SIZE: 27°
TV DIRECTION: DOWNSTREAM MATERIAL VC JT LGTH: 4FT
LINING:
TRNKNAME EAST POINT LOMA TRUNK SEWER TOTAL LGTH: 511.1
RBVAARK: INFILTRATION DEBRIS IN PIPE.
1:1250POSITION SEV OBSERVATION CNTR PHOTO RANG
24
0.00 0 80-01 Inspectlon begins at upstream manhole 01:21:18 18_1a 0
10 30 360 03-0f Infiltration Soaping of joint al 12 o'clock 01:22:f0 3
s 54.60 320 D3-03 laffftratton Dripping at Jolnf of 12 o clock 01:23:45 to 3a 3
n
07.20 320 03-03 tnfitirallon Dripping at joint a100 o clock 01:24:35 3
A
's
119.60 303 04-03 roots light - 01:25:11 3
k 119,60 320 D3.03 Infiltration Dripping n1 joint at 12 o clock 01:25:23 16_6n3
124.70 420 D3-02 lnflllrallon Running of taint at 01 o'clock 01:25:49 4
.I 139.90 320 0303 kUllnation Dripping at joint at 02 o clock Of:26:13 10.8n 3
i
206.00 $20 03-03 fntillrilion Dripping al Jolnf al 12 o clock 01:27:15 3
f2.90 320 D3-03 Infiltration Dripping al Joint n1 12 o'clock 01:27:46 3
24550 320 03-03 Infiltration Dripping no total no 10 o'clock 0 h28:21 10.110 3
260.60 320 03-03 lnfiflrafion Dripping of joint al f2 o-clock 01:28:50 to 120 J
1
350.00 906 , 02.02 Larglludlrnal Crack of/olnf,at 12 o clock 01:30:08 18.-730 3
14 402.60 320 03-03Infiltration Dripping of joint at f 1 a Mock 01:30:57 3
454.40 320 03-031nlfltrafion Dripping at joint at f0 o block 0):31:42 )e_150 3
S 463.90 320 03.03 Infiltration Dripping at joint at 02 o'clock 01:32:03 10160 3
j
466.80 320 D3-031n1I1/m1(on Dripping at Joint of 09 o'clock 01:32:30 3
474.60 320 03-03 infiltration Dripping at joint at 10 o clock 01.32:56 3
455.60 320 03-031n/rinntion Orlppfng at Joint at 09 o'clock 01:33:22 3
11.10 0 81-03lnspectlon ends at downeheam manhole 01:34:03 18_j2Da 0
_:- — LEE & RO, Inc.
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SewerMaslerPlan - February 12, 2009
8. Update and Run Hydraulic Model—LEE & RO will update the hydraulic model and
analysis based on the results of the I&I Study, flow monitoring, and CCN inspection,
and, if available, the invert elevations for the 360 manholes not obtained from as-built
records. LEE & RO will use H2OMap Sewer to run the hydraulic simulations. It is
assumed that the City will provide LEE & RO with a copy of the model produced by
the previous consultant along with all data files. Per the RFP the previous consultant
has already modeled all of the City's sewer system. LEE & RO will be responsible
for updating missing information obtained through the CCTV inspection and
potentially sewer manhole invert elevations.. LEE & RO will not be responsible for
calibrating the hydraulic model.
9. Link Video Records—LEE & RO will hyper-link the
CCN video records to the sewer system atlases through :~_ = ;
Evil
the GIS program and hydraulic model. It is assumed that
the City will provide a copy of the GIS database for linking a
purposes. The LEE & RO team will meet with the City staff
to discuss and resolveotential data integration Issues to
P 9
confirm the capability of the GIS system architecture. LEE
& RO will recommend the type of reporting software for r �„
CCTV data entry.
LEE& RO will employ Wincan software to integrate ,
the inspection videos, forms, and photographs with
the City's GIS system. The GIS Query module will A
launch WinCan and shows the specific asset listed. �-
The City will be able to use the Project Manager ° `M ,
Module to create a table of contents, review the p n =
table of contents and launch WinCan. It then open L `""'J/
the specific asset and inspection requested from the
GIS. In addition this software includes a built-in '
viewer that will eliminate time spent finding assets
or inspections. The Project Manager Module will '(W o
create and update a meta-database that acts as a c
table of contents to manage multiple projects. This
table of contents will allow an application, like
WinCan v8, to launch and open the speck
inspection queried. Once you have the asset open,
WinCan V8 then shows multiple and historical inspections with simple clicks. LEE&
RO will provide one WinCan license to the City as part of the final deliverables.
10.Capital Improvement Program—LEE & RO will develop a prioritized 10-year
capital improvement program for sewer improvements. The program shall include an
estimate of cost and construction time for each project. The prioritizations will be
based on a combination of pipeline size, current condition, and remaining service life.
Cost estimates will be based on the March 2009, ENR Index, Los Angeles Region.
Estimates will be planning level and be t 30%.
11. Final Master Plan—LEE & RO will prepare a final Sewer Master Plan that will
include the work performed by the prior consultant and all of the work performed by
LEE & RO.
a. Deliverables: Five(5) copies of Final Master Plan
_-.. LEE&RO, Inc.
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Sewer Master Plan February 12, 2009
One (1) electronic copy of Final Master Plan
b. Meetings: Meet with City staff to review Final Master Plan
Present Sewer Master Plan to City Management
OPTIONAL SERVICES
LEE & RO has identified several optional services that will improve the final sewer
system business plan. These include missing data or other City programs that are
competing for sewer fee revenues-
1. Sewer Manhole Depth Survey—LEE & RO will obtain invert elevations of sewer
manholes where as-builts are not available. The City does not have as-built
records for 22% of the system. The inverts will be necessary to compute the
sewer slopes. A review of the computer files contained in the current master
plan document indicates approximately 360 manholes need to be located and
surveyed.
2. Locating"Not Found" Manholes - LEE & RO, if authorized to proceed with
locating measures,will utilize existing As-Built information to attempt to locate
"not found' manholes. Should we still not be able to locate the manhole, LEE &
RO, if so authorized by the City, may schedule a land survey to accurately mark
the manhole location, as indicated by the As-Built information or the GIS shape
file. If the manhole still cannot be located, LEE &RO will utilize a metal detector
in an attempt to locate the manhole. Once located, LEE & RO will notify the City
and the City will expose any buried or paved-over manholes.
3. Manhole Inspections
LEE & RO will provide manhole inspection services for the City's manholes that
are not opened to provide access for the CCN cameras or for cleaning as an
optional task. The manhole inspections will be performed by LEE& RO
subconsultant Houston and Harris. In general,the inspection services provided
will provide sufficient information to determine the
condition of all aspects of the manhole structures to
the greatest extent practicable, including
observations of the relative condition of the
manhole cover, frame, grade adjustment, cone/top, + '
wall/barrel, bench, trough, and pipe seal. General `
observations will include potential cleaning :, ,•;;h ...; Y
requirements due to the presence of roots, silt,
rocks, grease, or other debris in addition to more substantial defects such as
corrosion;breaches in linings, offsets and other defects that warrant repair. Each
manhole investigated will be identified by a unique assigned facility identification
number. The data collected on each manhole from the inspection shall be
reported on a manhole inspection form, the format of which shall be approved by
the City prior to commencing manhole inspection operations..The report will also
include digital photographs of each located, uncovered and inspected manhole
as follows:
• One (1) photo of the surrounding area with the manhole included in the
photo
• One (1) close-up photo of the manhole with the manhole cover in place
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- Sewer Master Plan February 12, 2009
One (1) photo down the manhole with the top of the photo oriented
toward the north, showing the bench, trough, and configuration of the
sewer mains entering and exiting the manhole
Manhole entry, if required, shall be conducted in accordance with applicable
confined space entry regulations (Title 8 Permit Required Confined Spaces).
These regulations include, at a minimum, entry permit, OSHA certified
technicians, full body harness with lifeline, mechanical retrieval device,
continuous forced air ventilation, continuous air monitoring, required
communication systems, and other protective equipment.
LEE & RO will maintain a log of all manhole inspection activities, including dates
and time of inspections in addition to other relevant and related information, such
as if the manhole is inaccessible for the CCN equipment.
Information from the manhole inspection activities will be presented with the
digital photos taken and included in the Final Report.
4. FOG Program—LEE &RO will review and update the City's FOG (Fats, Oils, &
Grease) abatement program documents. Projects to control FOG would be
identified and if appropriate, included in the proposed capital improvement
program.
5. SSMP Review—LEE&RO will review the City's Sanitary Sewer Maintenance
Plan (SSMP) and incorporate the recommendations into the Sewer Master Plan.
Recommended projects and/or equipment can be included in the proposed
capital improvement program.
6. Operations and Maintenance Procedures—LEE & RO will review current
operations and maintenance procedures and provide updates, amendments, and
recommendations for efficiency improvements.
7. Funding Acquisition Assistance—LEE & RO will provide technical assistance
and support in pursuing funding for sewer system improvements such as-.
• Infrastructure State Revolving Fund (ISRF)through the California
Infrastructure and Economic Development Bank
• Clean Water State Revolving Loan Fund (CWSRF)through the State
Water Resources Control Board
• Review of sewer impact fees
• Assistance in pursuing Federal Grants
• Assistance in pursuing municipal bonds
• Assistance in pursuing private financing for public projects.
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PROPOSAL ASSUMPTIONS
The following assumptions have been made in the development of our proposal and the
scope of work. Our fee estimate which is being submitted in a separate envelope, is
based upon these,assumptions.
1. We have assumed that there will be a total of no more than 36"Not Found"
manholes that will require additional location efforts such as surveying. If more
than 36 manholes are"Not Found", we reserve the right to adjust this optional
portion of our fee accordingly. Additionally, our optional fee for locating "Not
Found" manholes is based on utilizing available data such as City supplied GIS
shape files and existing As-Built plans and data in conjunction with field
measurements and magnetic locators. We will provide a painted circle on paved
areas and a spike and lath in dirt or grassy areas to identify the anticipated
manhole location. Additional and/or subsequent location efforts are not included.
2. Exposing and/or uncovering buried or paved-over manholes shall be by the City
P 9
and has not been included in our fee.
3. LEE & RO has based its proposal on the assumption that no more than 25% of
the sewer system will require cleaning prior to CCN inspection. If more than
25% of the sewer must be cleaned it is assumed it will be cleaned by the City..
Cleaning is assumed to include only those services necessary to facilitate the
passing of the video camera through an obstruction or blockage.
4. LEE & RO will provide manhole inspections only on those manholes opened for
CCTV camera access and/or cleaning activities.
5. All traffic control plans shall be prepared in accordance with the Work Area
Traffic Control Handbook (WATCH). It is our understanding that traffic control
permits will not be required.
6. The City will allow CCTV inspections to be performed at night.
7. Condition assessment of City inspected sewers is limited to approximately 80
miles of sewer pipelines only. Associated manholes are not included with this
condition assessment work.
LEE &RO, Inc.
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EXHIBIT "B"
SCHEDULE OF SERVICES
Final submittal shall be due within six (6) months of contract award.
B-1
EXHIBIT "C"
COMPENSATION
The total compensation shall not exceed six hundred sixty-eight thousand eight hundred dollars
($668,800.00) for the performance of the Scope of Services as outlined in Exhibit"A".
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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, �
DATE: APRIL 20, 2009
SUBJECT: AUTHORIZATION TO ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT — TOPOGRAPHIC SURVEY AND MAPPING SERVICES FOR ALOSTA
AVENUE AND FOOTHILL BOULEVARD FROM CERRITOS AVENUE TO ROCKVALE
AVENUE.
RECOMMENDATION
It is recommended that the City Council authorize staff to enter into a professional services
Agreement with Norris Repke for a not to exceed fee of $9,960 to provide topographic survey
and mapping services for Alosta Avenue and Foothill Boulevard from Cerritos Avenue to
Rockvale Avenue.
BACKGROUND
The intersection of Foothill Boulevard and Alosta Avenue, including Rockvalc Avenue is in
need of traffic and street improvements to improve the flow of traffic. The intersection's layout
currently restricts the motorists on Foothill Boulevard to tum onto Alosta Avenue. Motorists
have to either make a mid-block u-turn west of the intersection or a left turn prior to the
intersection onto Rockvale Street to make a left. turn onto Alosta Avenue. Both of these
movements are at uncontrolled (no signal) locations. Furthermore, traffic waiting at the signal to
head east on Foothill Boulevard backs up into the traffic lanes on Alosta Avenue affecting traffic
by causing weaving and/or motorists stopping in the through lane on Alosta Avenue.
In order to alleviate the intersection's poor traffic flow characteristics, the Engineering Division
requires topographic survey and mapping services to prepare conceptual, preliminary and final
contract documents for the construction of street improvements, modifications to the existing
traffic signal and potentially new traffic signals at the Foothill Boulevard and Alosta Avenue and
Rockvale Avenue Intersections.
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On February 17, 2009, City Council authorized staff to solicit proposals for these topographic
survey and mapping services. On March 25, 2009, staff received 19 proposals from qualified
firms. The following is the list of firms that submitted (in no particular order):
1. VA Consulting, Inc 8. Norris Repke 15. B&E Engineers
2. Johnson-Frank & Assoc., Inc. 9. AEI CASC Consulting, Inc. 16. DMR Team; Inc.
3. Guyett Geomatics, Inc. 10. RBF Consulting, Inc. 17. Huitt Zollars
4. Hunsaker & Assoc. Irvine, Inc. 11. John M. Cruishank Cons., Inc. 18. Prizm Group
5. Penco Engineering, Inc: 12. George Boghossian & Assoc., Inc. 19. Sikand
6. Proactive Engineering Cons. 13. Land Design Cons., Inc.
7. Guida Surveying, Inc. 14. Psomas
After an evaluation by the engineering staff, Norris Repke is recommended to perform the
requested services.
FISCAL IMPACT
The professional services agreement will be for a not to exceed fee of $9,960. Funding is
available under the approved Capital Improvement Project "Alosta Foothill Intersection"
#6510813 using Proposition C funds.
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CITY OF AZUSA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE. -
This Agreement is made and entered into this 21 st day of April, 2009 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 Norris-Repke, with its principal place of business at 400 N. Tustin Avenue, Suite 230, Santa
Ana, CA 92705 ("Consultant"). City and Consultant are sometimes individually referred to as
"Party"and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this Agreement.
Consultant represents that it is experienced in providing civil engineering and land surveying
services to public clients,is licensed in the State of California,and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for Topographic Survey and
Mapping Services for the intersection of Foothill Boulevard and Alosta Avenue ("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 engineering 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 April 21, 2009 to June 30,
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.
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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, and in accordance with the Schedule of Services set forth in
Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has
the professional and technical personnel required to perform the Services in conformance with such
conditions. In order to facilitate Consultant's conformance with the Schedule,City shall respond to
Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant
shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain
key personnel will perform and coordinate the Services under this Agreement. Should one or more
of such personnel become unavailable, Consultant may substitute other personnel of at least equal
competence upon written approval of City. In the event that City and Consultant cannot agree as to
the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As
discussed below,any personnel who fail or refuse to perform the Services in a manner acceptable to
the City, or who are determined by the City to be uncooperative, incompetent, a threat to the
adequate or timely completion of the Project or a threat to the safety of persons or property, shall be
promptly removed from the Project by the Consultant at the request of the City.. The key personnel
for performance of this Agreement are as follows: Warren Repke, P.E.; Coy J. Glasscock
3.2.5 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. 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 Warren Repke,
P.E., or his designee, to act as its representative for the performance of this Agreement
("Consultant's Representative"). Consultant's Representative shall have full authority to represent
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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.
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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 Scone of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office-Business Auto Coverage form number CA 0001, code 1 (any auto); and
(3) Workers'Compensation and Employer's Liability:Workers' Compensation insurance as required
by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal .
injury and property damage. If Commercial General Liability Insurance or other form with general
aggregate limit is used, either the general aggregate limit shall apply separately to this
Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2)
Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3)
Workers'Compensation and Employer's Liability: Workers' Compensation limits as required by the
Labor Code of the State of California. Employer's Liability limits of$1,000,000 per accident for
bodily injury or disease.
3.2.10.3 Professional Liability. Consultant shall procure and maintain,
and require its sub-consultants to procure and maintain, for a period of five (5) years following
completion of the Project, errors and omissions liability insurance appropriate to their profession.
Such insurance shall be in an amount not less than $1,000.000 per claim, and shall be endorsed to
include contractual liability.
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.
(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,
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loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which
the Consultant is responsible; and (2)the insurance coverage shall be primary insurance as respects
the City,its directors,officials,officers,employees,agents and volunteers,or if excess,shall stand in
an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any
insurance or self-insurance maintained by the City,its directors,officials,officers,employees,agents
and volunteers shall be excess of the Consultant's insurance and shall not be called upon to
contribute with it in any way.
(C) Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials,
officers, employees, agents and volunteers for losses paid under the terms of the insurance policy
which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended,voided,reduced or
canceled except after thirty(3 0)days prior written notice by certified mail,return receipt requested,
has been given to the City; and (B) any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage provided to the City, its
directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Separation of Insureds;No Special Limitations. All insurance
required by this Section shall contain standard separation of insureds provisions. In addition, such
insurance shall not contain any special limitations on the scope of protection afforded to the City,its
directors, officials, officers, employees, agents and volunteers.
3.2.10.6 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the City. Consultant shall guarantee
that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its directors, officials, officers, employees, agents and
volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
3.2.10.7 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VIII,licensed to do business in California,
and satisfactory to the City.
3.2.10.8 Verification of Coverage. Consultant shall firmish 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 Safetv. 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
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compliance with all applicable local,state and federal laws,rules and regulations,and shall exercise
all necessary precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable shall include,
but shall not be limited to:. (A) adequate life protection and life saving equipment and procedures;
(B)instructions in accident prevention for all employees and subcontractors,such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation,including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C"
attached hereto and incorporated herein by reference. The total compensation shall not exceed nine
thousand nine hundred sixty dollars($9,960.00)without written approval of the City Manager. Extra
Work may be authorized, as described below, and if authorized,will be compensated as 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 sem.,as well as California Code of Regulations,Title
8, Section 16000,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
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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 Agreement.
3.5.1.1 Grounds for Termination. City may,by written notice to Consultant,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Consultant of such termination,and specifying the effective date thereof,at least seven(7)
days before the effective date of such termination. Upon termination, Consultant shall be
compensated only for those services which have been adequately rendered to City, and Consultant
shall be entitled to no further compensation. Consultant may not terminate this Agreement except
for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data and
other information of any kind prepared by Consultant in connection with the performance of Services
under this Agreement. Consultant shall be required to provide such document and other information
within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure,upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Consultant:
Norris-Repke
400 N. Tustin Avenue, Suite 230
Santa Ana, CA 92705
Attn: Warren Repke, P.E.
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City:
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702-1295
Attn: Carl E. Hassel, P.E.
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48)hours after deposit in the U.S. Mail,first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies,drawings,estimates,and other documents or works of authorship fixed in any
tangible medium of expression,including but not limited to,physical drawings or data magnetically
or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by
Consultant under this Agreement("Documents&Data"). Consultant shall require all subcontractors
to agree in writing that City is granted a non-exclusive and perpetual license for any Documents &
Data the subcontractor prepares under this Agreement. Consultant represents and warrants that
Consultant has the legal right to license any and all Documents&Data. Consultant makes no such
representation and warranty in regard to Documents & Data which were prepared by design
professionals other than Consultant or provided to Consultant by the City. City shall not be limited
in any way in its use of the Documents and Data at any time,provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
3.5,3.2 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.
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3.5.5 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.
3.5.6 Indemnification. To the fullest extent permitted by law, Contractor shall
defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free
and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss,
damage or injury, in law or equity,to property or persons,including wrongful death,in any manner
arising out of, pertaining to, or relating to any negligence, errors or omissions, recklessness, or
willful misconduct of Contractor, its officials, officers, employees, agents, consultants, and
contractors arising out of or in connection with the performance of the Contractor's Services,
including without limitation the payment of all consequential damages, expert witness fees, and
attorneys fees and other related costs and expenses. Contractor she 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, 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.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves the 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.
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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 Invaliditv; 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.
10
3.5.20 Labor Certification. By its signature hereunder,Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every employer
to be insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5.21 Authority to Enter Agreement Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be signed in counterparts,each of which
shall constitute an original.
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.
11
CITY OF AZUSA NORRIS-REPKE
By: By:
Francis Delach, City Manager Warren Repke, Principal In Charge
Attest
Vera Mendoza
City Clerk
Approved as to Form:
Best Best& Krieger LLP
City Attorney
I
12
EXHIBIT "A"
SCOPE OF SERVICES
Norris-Repke shall perform a topographic survey to serve as base plans for design of the Foothill
Boulevard/Alosta Avenue intersection improvements. The topographic survey shall include the
requested services as defined in the RFP Scope of Work and Addendum No. 1. The following
defines the complete scope of work:
a. Topographic Survey
Survey limits: Foothill Boulevard from 100 feet west of Cerritos Avenue to 300 feet east of
Rockvale Avenue;Rockvale Avenue from Foothill Boulevard to Little Dalton Wash;Alosta
Avenue from Foothill Boulevard to 400 feet east of Rockvale Avenue; and the triangle
bounded by Foothill Boulevard, Alosta Avenue, and Rockvale Avenue.
The survey limits of Rockvale Avenue between Foothill Boulevard and Alosta
Avenue shall be extended 25 feet inside the east right of way line.
• The suryey limits at cross streets shall be extended 100 feet past the right of way.
• Show public right of way and property lines.
• Establish centerline and centerline street stationing.
• Obtain elevations along cross sections at 50 ft intervals including centerline (CL), edge of
gutter(EG), flow line(FL),top of curb(TC),and back of walk(BW). If a median is present
within the cross section, provide top of curb and finish surface elevations.
BW TC
CL
Fl.
EG
• Provide full cross-sections.
• Obtain topographic features such as driveways,poles, fire hydrants, etc.
• Identify location, type, size, and material of all utilities within the project limits, including
dry and overhead utilities.
• Show location, type, and size of trees within the project limits.
• Consultant shall post notices 48 hours in advance to restrict on-street parking during survey
A-1
work.
b. Technical Requirements
• Survey shall be mapped at a scale of 1"=40'.
• Survey shall include one (1) foot contours.
• Data shall be provided in State Plan Coordinates (NAD83), Zone 5.
• All drawings shall be done in AutoCAD 2009 ".dwg" format.
• Cross sections shall be stationed and plotted on 24"x 36" sheets. Provide dimensions,
elevations,and cross slopes on sections. Scale shall be 1"=40'horizontal,and I"=4'vertical.
• Final documents shall be submitted to the City in the following form:
• Sheet size shall be 24" x 36".
• Two (2) stamped and signed complete sets on bond.
• Two (2) CD-ROM's containing each drawing file in ".dwg" format and the point data
files.
A-2
EXHIBIT "B"
SCHEDULE OF SERVICES
Final submittal shall be due within six (6) weeks of contract award.
B-1
EXHIBIT "C"
COMPENSATION
The total compensation shall not exceed nine thousand nine hundred sixty dollars ($9,960.00) for
the performance of the Scope of Services as outlined in Exhibit "A".
C-1
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CaNSIVT CM RSDAR
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ROBERT B. GARCIA, CHIEF OF POLICE
VIA: F.M. DELACH, CITY MANAGER
DATE: APRIL 20, 2009
SUBJECT: REQUEST APPROVAL TO CONDUCT FORMAL BID PROCESS TO
RETROFIT THE PRIME MOVER
RECOMMENDATION
It is recommended that the City Council approve the commencement of the formal bid
process for the procurement of custom vehicle retrofit services for the Azusa Police
Department, Office of Emergency Services "Prime Mover" vehicle. The funds to contract
with a specialty vehicle custom building company are fully reimbursable through the
2007 State of California Homeland Security Grant Program.
BACKGROUND
On April 4, 2005, the City Council approved the expenditure plan of the 2004 Homeland
Security Grant secured by the Office of Emergency Services for the initial purchase of
the prime mover vehicle, with a stock utility cab. A 2007 Homeland Security grant in the
amount of $125,000 was secured by the Office of Emergency Services to retrofit this
vehicle. This grant provides funds to retrofit the interior cab with cabinets and equipment
to serve as an Alternate Emergency Operations Center Vehicle and to enhance Law
Enforcement response to events and incidents caused by an act or acts of terrorism.
FISCAL IMPACT
Initial funding will be provided by the City, but is fully reimbursable through the 2007
State of California Homeland Security Grant Program.
Prepared by:
Olga Bruno, Emergency Services Coordinator
AZUSA POLICE DEPARTMENT
OFFICE OF EMERGENCY SERVICES
INVITATION TO BID
WITH INSTRUCTION TO BIDDERS
FOR
"RETROFIT OF
PRIME MOVER SPECIALTY VEHICLE"
A 2006 GASOLINE POWERED MEDIUM DUTY,
COMMERCIAL GRADE TRUCK WITH
ATTACHED UTILITY BODY
APRIL 2009
CITY OF AZUSA POLICE DEPARTMENT, OFFICE OF EMERGENCY
SERVICES "PRIME MOVER SPECIALTY VEHICLE:"
Vehicle Summary Description: GM 5500 truck, 2006 Chevrolet Crew Cab Utility body
van attached to gasoline powered medium duty truck 4 x 2 four-door. Unladed weight
12120 lbs., chassis 8,737 lbs. Gross vehicle weight 19,500 lbs. Rear axle 13,500 lbs.
Complete with Emergency lighting and graphics to exterior. Graphics to remain in tact.
Front cab complete with emergency radio communications, Mobile Data Transmitter, and
emergency lighting.
Measurements: 12 feet long, by 7 feet high, by 7'22" wide (wall to wall)
Utility Cab Outer Storage Compartments:
• Small is 201/2 "deep, by 20" wide, by 42" high
• Large is 201/z "by 30" wide by 42" high
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SPECIFICATIONS FOR MEDIUM DUTY COMMERCIAL GRADE TRUCK
WITH ATTACHED UTILITY BODY
Year&Type: 2006 Gasoline powered medium duty commercial grade truck,4x2,four door, with
approximately 169" WB
Chassis: Minimum 23,000 Lb GCWR,Minimum 17,000 Lb GVWR Engine: V8 Gasoline Engine,
approximately 325 HP/4000 RPM Transmission: 5 Speed automatic
Emissi—ns: California Emissions System
Wheels &Tires: 19.5" Tires, Steel Wheels(White)
Brakes: Anti-Iock braking system
Options: White paint
70001b front axle&single speed 13,000 Ib rear axle
7000 Ib tapered leaf front suspension
Front bucket cloth seats with center console
Rear bench cloth seat or similar which will seat 3
Transmission Oil Cooler
3540 Gal (minimum) gas tank
Heavy duty air cleaner
Front tow hooks
Power door locks&power windows
Adjustable tilt steering wheel
Transmission temperature gauge
Remote keyless entry
Interior roof lamp
Heating and air conditioning
Driver and passenger airbags
AM/FM Stereo
Steps under cab doors
Utility Body: White, enclosed 12'-14' utility body with no windows
Lockable exterior access doors for equip. storage compartments Dual rear
doors to access interior of utility body (no windows)
5'min. interior headroom when standing on floor of utility body Interior
shelving to store equipment
Interior dome light with on/off switch inside the body
Roof mounted air conditioning unit
Step rear bumper
Receiver hitch kit(9000 Ib min tow weight)
RECOMMENDED SCOPE OF WORK TO RETROFIT EXISTING VEHICLE
INLUDES BUT IS NOT LIMITED TO:
1 Gasoline Generator: Compartment to be insulated and sound proofed.
Exhaust out roof area. May need to increase size of fuel tank.
2 Shore power input cord and electrical panel
3 AC and DC Electrical Power Distribution System
4 Interior cabinets to have dry-erase exposed surfaces, flush locking
mechanism (no protruding handles). Tall cabinets to have removable
adjustable shelves. All construction to be of aluminum to maintain weight
requirements.
5 Fold down collapsible table (work station) forward workspace
6 Install 17 interior, and 4 GFI Duplex exterior electrical outlets
7 Install 12 volt DC receptacles (cigarette lighter) at each work station and
at outdoor work station
8 Install flat screen LCD TV with "Smart Board" (interactive electronic
board) overlay, including audio/video inputs (camera/camcorder
connection). Provide and Install Laptop/computer connections
9 2 Seat floor ports and 2 removable seats. Seats must be adjustable and
completely fold for easy storage
10 Slip resistant solid ant-static rubber flooring (commercial —no seams)
11 Install eraser board and eraser board laminates on Interior side of back exit
doors.
12 Slide-out Table tops for work areas (2 retractable countertops)
13 Interior workspace lighting, LED, recessed ceiling mount
14 Interior task lighting ; recessed LED lighting at workstations
15 Roll top upper storage cabinets (similar to airplane cabinets)
16 Install roof mounted Cooling/Heating Cooling/Heatingunit
17 Construct aluminum roof structure and new deck capable of one person
weight bearing and mounting new A/C unit, Antennas and any future
roof-mounted equipment racks
18 Thermal and noise insulation barrier, walls and ceiling
19 Rust Proofing - underbody coat 20 mil rubberized (steam clean/detail
before rust roofing)
20 2 hideaway, pull-out bench seats
21 4 meta] grab rails, ceiling, interior workspace, 2 front, 2 rear
22 Laminate eraser board
23 Carbon Monoxide Monitor, 12V, Module Powered
24 Audible back up alarm warnings stem 98 db
25 Provide and install Fire Extinguisher and mounting bracket
26 Back-up warning safety vision camera with audio alarm; activated when
unit is shifted into reverse
27 Install skylight for natural interior lighting
28 Cats or CatSe twisted pair cable runs and power feeds for future upgrades
29 19" radio equipment rack for radios and support power sources
30 CR5 Electronic Whiteboard 25" high x 40" width: connections to printer
and laptops
31 Cabling/Antennas/wiring/computer for, LCD TV, and Printer, DVD,
Notebooks. Install Antennas on roof top. (Provide consultation regarding
power distribution, lighting, circuit breakers, converters, inverters, conduit
wiring, etc., and provide schematics)
32 Pre-wire new docking station for existing MDT
33 Pre-wire for Azusa VHF Motorla CDM1250 450-25 W 64 Ch radio
system
34 Pre-wire ACU-T radio 6-module interface cabling (radio patching system)
35 Pre-wire for UHF Sheriff DCM1250 136-174 1-25W 64 Ch radios stem
36 Pre-wire for Amateur Radio dual band 2 meter and 440
37 Automatic 4-point stabilizing/leveling stabilizing/levelingsystem for vehicle _
38 Exterior doors, repair or replace locks; all doors to have identical keys
39 Outdoor Pull down eraser board work station
40 Motorized Wireless Remote 12' Awning
41 Replace Exterior Scene Lighting 12V HID, Roadside and Curbside
42 Provide Radio Speaker With Volume Control at Exterior CS Workstation
43 Aluminum Fold Down Step, Rear Entrance
44 Uni-directional Incident Scene Lighting
45 Inverter, DC to AC, powers internal electronic equipment
46 Automotive Alarm protecting all doors and cabinets and hood
47 Chrome Wheel Covers
48 Gun rack and ammo storage Cabinet
49 Labor and expendables
50 Include Taxes
51 Optional - In order of priority: (Please bid on individual add
alternates)
52 Digital 800 Radio system
53 CHP Low band Radio System
54 UHF Radio, Sheriff, DCM1250 136-1741-25W 64 Ch radio system
55 Two Laptop Computers
56 Printer/Copier/Fax
57 CD/DVD Player
58 Azusa VHF Band, Motorla CDM1250 450-25 W 64 Ch radio
59 Telescoping Pneumatic Mast System For future equipment Installs
INSTRUCTION TO BIDDERS
All bids shall be submitted to:
Azusa City Clerk's Office
213 E. Foothill Boulevard
Azusa, CA 91702
Azusa P.D., Office of Emergency Services
Prime Mover- Specialty Vehicle Retrofit
No later than 10:00 a.m., on Thursday, May 14, 2009. All bids must be made in
accordance with these Instructions to Bidders ("ITB").
1. BID DOCUMENTS
Bids must be submitted to the City of Azusa (hereinafter referred to as the "Owner") on
the bid forms which are a part of the enclosed bid package. For further general
information, you may contact Olga Bruno,Emergency Services Coordinator at (626)
812-3265, or email at:
2. EXAMINATION OF BID DOCUMENTS
Bidders shall be solely responsible for examining the bid documents, including any
Addenda issued during the bidding period. Bidders are responsible for observing the
specifications referenced in the bid package. Failure of Bidder to so examine and
inform itself shall be at its sole risk, and no relief for error or omission will be given
except as required under State Law.
3. INTERPRETATION OF BID DOCUMENTS
Any request for an interpretation or clarification of the Bid Document must be
submitted in writing by Bidder to Olga Bruno no later than Friday, May 8, 2009, at
8:00 a.m. Any response that the Owner may choose to make for purposes of
interpretation or clarification will be in writing and made available to all the listed
holders of the Bid Documents. The Owner will respond to all written/faxed Bidder's
request for interpretation or clarification at least seventy-two (72) hours before the
- — -- - -- scheduled-bid closing-date-for which; it its sole judgment;-a-response is-in-the-best-------
interest of the Owner. Where such interpretation or clarification requires a change in
the Bid Documents, the Owner will prepare and issue an Addendum to the Bid
Documents. The Owner shall not be bound by, and Bidder shall not rely upon, any oral
interpretation or clarification of the Bid Documents. The Bidding process and terms
and conditions will be in strict accordance with the following Bid Documents:
• Invitation to Bid with Instructions to Bidders
• City of Azusa Bid Form
• Recommended Scope of Work to Retrofit Existing Vehicle
0 Any Addenda Issued by the Owner
4. PREPARATION OF BIDS
Bids shall be prepared only using copies of the Bid forms provided with the Bid
Documents. The use of substitute bid forms, other than clear and correct photocopies
of those provided by the Owner, will not be permitted and may result in the Bid being
declared non-responsive. Bid Letters shall be executed by an authorized signatory as
described in section 8. In addition, Bidders shall fill in all blank spaces (including
inserting "N/A" where applicable) and initial all interlineations, alterations, erasures to
the Contract Bid Forms. Bidders shall not delete, modify, or, supplement the printed
matter on the Bid Forms, nor make substitutions thereon.
5. MODIFICATIONS OF BIDS
Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid
Documents. Each Bid prepared by Bidder shall be complete in it self and shall be
submitted within a sealed envelope in accordance with the instructions herein.
Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will
render it non-responsive and may cause its rejection. Bidders shall not delete, modify,
or supplement the printed matter on the Contract Bid Forms, nor make substitutions
thereon. Oral, telegraphic or telephonic Bids or modifications will not be considered.
6. SIGNING OF BIDS
All Bids submitted shall be executed by the Bidder on its authorized representative.
7. SUBMISSION OF SEALED BIDS
Once the Bid and supporting documents herein have been completed and signed as set
forth above, they shall be placed, along with any proposed sketches, specification
sheets, and brochures or other materials required by these instructions, in an envelope,
sealed, addressed and delivered or mailed, postage prepaid to:
City of Azusa/City Clerk's Office
213 E. Foothill Blvd.,
Azusa, CA 91702
The envelope shall also contain the following in the lower left-hand comer thereof:
Bid of
(Insert Bidder's Name)
No consideration shall be given by the Owner to bid proposals received after 10:00
a.m., May 14, 2009 as stipulated above.
8. DELIVERY AND OPENING OF BIDS
Bids will be received by the Owner at the address shown in section 7 above, up to the
date and time shown therein. The Owner will leave unopened any Bid received after
the specified date and time, and any such unopened Bid will be returned to the Bidder.
It is the Bidder's sole responsibility to ensure that its Bid is received as stipulated. Bid
may be submitted earlier than the date and time indicated.
Owner reserves the right to reject any or all Bids, to waive any informality or
irregularity in any Bid received where such waiver is in the best interests of the Owner,
and to be the sole judge of the merits of the respective Bids received.
9. WITHDRAWAL OF BID
Prior to the bid due date, a Bid may be withdrawn by the bidder by means of a written
request signed by the Bidder or its properly authorized representative.
10. AWARD PROCESS
Once all Bids are opened and reviewed to determine the lowest responsive and
responsible bidder, the City may make an award. The Owner shall issue a Notice to
Proceed to that successful bidder after approval for such bid award is granted by the
Azusa City Council meeting scheduled for June 1, 2009.
11. REQUIRED BIDDER CERTIFICATION
The bidder must certify to various information, including but not limited to, the
accuracy of the representations made in the Contract Bid Forms.
12. BASIS OF AWARD
The Owner shall award Contracts to only the lowest responsible Bidders submitting
responsive Bids, as required by California Public Contract Code Section 20111.
The Owner reserves the right to reject any or all Bids. The Owner may reject any Bid
which, in its opinion when compared to other bids received or to the Owner's internal
estimates, does not accurately reflect the cost for the purchase of the item.
13. FILING OF BID PROTESTS
Bidders may file a "protest" of a contract award with the Owner's City Manager. In
order for a Bidder's protest to be considered valid, the protest must:
• Be filed timely and in writing (as detailed in this Section)
• Clearly identify the specific accusation involved
• Clearly identify the specific Owner Staff/Board recommendation being
protested
• Specify, in detail, the grounds of the protest and the facts supporting the protest
• Include all relevant, supporting documentation with the protest at time of filing
• If the protest does not comply with each and every one of these requirements, it
will be rejected as invalid.
A protest regarding;the recommended award of a contract solicited by the Notice
Inviting Bids must be filed in writing with the Owner within five (5) Calendar Days
after the bid opening date.
If the protest is valid, the Owner's City Manager, or other designated Owner staff
member, shall review the basis of the protest and all relevant information. The City
Manager will deny or concur with the protest and provide a written decision to the
protester. THE CITY MANAGER'S DECISION IS FINAL AND IS NOT SUBJECT
TO APPEAL.
14. EXECUTION OF CONTRACT
The Owner may require appropriate evidence that the persons executing the Contract
are duly empowered to do so.
15. BIDDER'S RESPONSIVENESS
The Owner will evaluate bids for responsiveness before the award is made. A Bid
must be in strict compliance with the commercial and technical specifications, without
exception. Only Bids which conform in all material respects to the Bid documents can
be eligible for award. A Bid not meeting the requirements of the provided scope of
work for the retrofit of the specialty vehicle body specifications may be rejected
immediately upon opening, and returned to the Bidder's representative.
16. BIDDER'S RESPONSIVENESS CHECKLIST
The Owner's initial responsiveness evaluation will consider the following:
• Completed and properly executed Bid Form (including completed Total Bid
Price, and signature of authorized bidder);
17. CONTRACT BID FORMS
The Bid Form must-be completed as set forth below:
A. The Contract Bid Form must be printed in ink or typewritten.
B. The Bid Form must be signed by a person authorized by the Bidder. Proof of the
authority to act on behalf of the Bidder must be submitted when requested. The
proof shall be in the form of a certified copy of an appropriate corporate resolution,
certificate of partnership or joint venture, or other appropriate document.
C. The Bidder shall not delete, modify, supplement or make substitutions thereof, on
the printed matter of the contract Bid Form.
D. Corrections shall be initialed by the person who signs the Bid Form.
E. Exceptions or qualifications to the Bid Documents are strictly forbidden. Any
comment by the Bidder which the Owner determines can be construed as altering
the requirements of the specifications or the terms and conditions of the Contract
will render the Bid non-responsive and disqualify the Bidder from consideration for
award.
18. RESPONSIBILITY CRITERIA
Responsibility is the apparent ability of the Bidder to meet and complete successfully
the requirements of the Contract. The Owner reserves the tight to consider the
financial responsibility and general competency of each bidder, as well as its reputation
within the industry. Owner may request, and apparent low bidder shall provide
financial statements, including the Bidder's latest balance sheet and income statement.
Owner expects that each Bidder will fully and truthfully disclose all information
required of the Bidder by the Bid Documents. The prospective bidder, in order to be .
evaluated by the Owner is being a responsible business, may be required to provide
information to affirm that:
1) General Scope of Services. The Bidder 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
vehicle retrofit consulting services necessary for the City of Azusa Specialty
Vehicle. All Services shall be subject to, and performed in accordance with,
this Agreement and all applicable local, state and federal laws, rules and
regulations.
2) Schedule of Services. The Bidder is able to meet the performance or delivery
schedule of the Contract, taking into consideration other business
commitments; and shall perform the Services expeditiously, within the term
of this Agreement. Bidder represents that it has the professional and
technical personnel required to perform the Services in conformance with the
Scope of Work.
3) Debarment. The Bidder nor their principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntary
excluded from participation in the transaction by any Federal Department or
Agency, as required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 24 CFR Part 24 Section 24.510, Participants'
Responsibilities.
4) Standard of Care: Performance of Employees• Permits. The Bidder 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.
Bidder represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Bidder warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Bidder 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, the Bidder 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 Bidder's
failure to comply with the standard of care provided for herein. Any
employee of the Bidder 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 Bidder and
shall not be re-employed to perform any of the Services or to work on the
Project.
5 Laws and Regulations. The Bidder shall keg itself full informed of and in
g P Y
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. The
Bidder shall be liable for all violations of such laws and regulations in
connection with Services. If the Bidder performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice
to the City, the Bidder shall be solely responsible for all costs arising there
from. The Bidder 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.
6) 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 Bidder.
7) Safety. The Bidder shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Bidder
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.
8) Maintenance and Inspection of Accounting Records: Audit. The Bidder shall
maintain complete and accurate records with respect to all costs and expenses
incurred under this Agreement. All such records shall be clearly identifiable.
The Bidder 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. The Bidder 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.
9) Indemnification. The Bidder 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 Bidder, 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. Bidder shall defend, at bidder'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. Bidder 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. Bidder 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. Bidder'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.
10)Assignment or Transfer. Bidder 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.
11)Prohibited Interests. Bidder maintains and warrants that it has not employed
nor retained any company or person, other than a bona fide employee
working solely for Bidder, to solicit or secure this Agreement. Further,
Bidder 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 Bidder, 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 there from.
12)Equal Opportunity Employment. Bidder 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. Bidder 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.
13)Labor Certification. By its signature hereunder, Bidder 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.
14) Authority to Enter Agreement. Bidder 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.
19. DELIVERY DATE
The Owner requires that the retrofitted Specialty Vehicle be delivered to the City of
Azusa no later than October 29, 2009.
20. SPECIFICATIONS
The Bidder shall supply as attachments to their respective Bid Form:
• Draft Design Drawing
• Proposal
For the retrofit of the Specialty Vehicle.
Olga Bruno, Emergency Services Coordinator
City of Azusa Police Department
Office of Emergency Services
(626) 812-3265
obruno@ci.azusa.ca.us
CITY OF AZUSA
BID FORM
Retrofit existing City of Azusa Office of Emergency Services Specialty Vehicle.
All prices to include destination charges, handling charges, taxes at 9.75% and all
preparation.
TOTAL COST FOR RETROFIT: $
(Figures)
(Written)
Bidder's Company Name
Address
City, State, Zip Code
Telephone
I hereby agree to the conditions set forth in the City of Azusa"REQUEST FOR BIDS —
FOR RETROFIT OF PRIME MOVER SPECIALTY VEHICLE"
Authorized Signature
Date
Olga Bruno, Emergency Services Coordinator
City of Azusa Police Department
Office of Emergency Services
(626) 812-3265
obruno@ci.azusa.ca.us
OB/Prime Mover//Notice Inviting Bids Final.doc
d 0F'41
mama ".,z c9UFoar�P.
CONSENT ITEM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCE//
VIA: F.M. DELACH, CITY MANAGER /
DATE: APRIL 20, 2009 /I V
SUBJECT: REQUEST FOR LEAVE OF ABSENCE WITHOUT PAY — ACCOUNT
SPECIALIST I
RECOMMENDATION
It is recommended that the City Council grant the request for a Leave of Absence without Pay
beginning April 2, 2009 through May 13, 2009, in accordance with Azusa Civil Service Rules,
Section 6.8, Subsection 6.8.1 Authorization.
BACKGROUND
In accordance with Azusa Civil Service Rules, Section 6.8 Leave of Absence without Pay,the City
Council, upon recommendation of the City Manager, may grant a leave of absence without pay to
any employee for a period not to exceed one year.
FISCAL IMPACT _
There is no fiscal impact.
4
U N'
JOINT CITY/AGENCY AGENDA ITEM
TO: HONORABLE MAYOR/CHAIRPERSON AND COUNCILMEMBERS/MEMBERS OF
THE AGENCY BOARD
FROM: KURT CHRISTIANSEN, ECONOMIC & COMMUNITY DEVELOPMENT DIRECTOR
VIA: F.M. DELACH, EXECUTIVE DIRECTOR/OV)
DATE: APRIL 20, 2009
SUBJECT: PROPOSED CITY AND REDEVELOPMENT AGENCY-WIDE POLICY REGARDING
THE LEASING OF CITY AND REDEVELOPMENT AGENCY OWNED PROPERTY
FOR RETAIL SALES EVENTS
RECOMMENDATION
It is recommended that the Agency Board ("Agency") and the City Council ("City Council") of the City
of Azusa adopt a resolution establishing a policy regarding the leasing of City and Redevelopment
Agency owned property for retail sales events.
BACKGROUND
With the proliferation of various temporary sales events (sidewalk sales, parking lot sales, fireworks
stand sales, etc.), it is important that the City and Redevelopment Agency adopt a consistent policy
regarding the leasing of City and Redevelopment Agency owned property for short-term retail sales
events. These short-term events often involve entitlements through the City's Planning Division as well
as review by Police, Fire and Building & Safety personnel to address possible adverse impacts.
To ensure that proper controls are in place, staff is proposing a policy that requires potential lessees to
(1) secure all required permits and inspections and (2) pay fair market value for the term of the lease as
negotiated between the City and prospective lessees. By requiring these consistently applied standards,
staff can better protect the City's interest and minimize potential liability.
FISCAL IMPACT
There is no cost associated with this action. Future leasing of City and Redevelopment Agency owned
land will result in lease revenue as well as permit application fees to pay for the cost of City required
review.
Attachments:
Resolution
Policy
a
RESOLUTION NO.
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AZUSA, CALIFORNIA AND THE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA,
CALIFORNIA,ADOPTING A POLICY RELATED TO THE USE OF
PROPERTY OWNED BY THE REDEVELOPMENT AGENCY AND
CITYFORRETAIL SALES EVENT'S
WHEREAS, the City of Azusa ("City") and the Redevelopment Agency of the City of
Azusa ("Agency") have experienced a significant increase in requests to hold temporary retail
sale events on City and Agency owned property; and
WHEREAS, the City and Agency currently lack a comprehensive policy regarding the
short-term use of City and Agency owned property for such temporary retail sale events; and
WHEREAS, the City and Agency desire to enact a uniform policy regulating the use of City
and Agency owned property for temporary retail sale events in order to better protect the City's and
Agency's interests and minimize potential liability.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA
AND THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, CALIFORNIA, DO
HEREBY JOINTLY RESOLVE AS FOLLOWS:
SECTION 1. Approval of Policy. The City Council and the Redevelopment Agency
hereby approve the City of Azusa and Redevelopment Agency policy titled "Use of
City/Redevelopment Agency Owned Property for Temporary Retail Sales Events," attached
hereto as Exhibit"A" and incorporated herein by reference.
SECTION 2. Authorization to Implement. The City Council and Redevelopment Agency
authorize the City Manager and Redevelopment Agency Executive Director, and other City and
Agency staff members so designated, to implement the attached policy and to amend the policy
from time to time in compliance with any changes in State or federal law or regulations.
SECTION 3. Effective Date. This Resolution shall become effective immediately upon its
adoption.
1
PASSED,APPROVED AND ADOPTED THIS_DAY OF 12009.
JOSEPH R. ROCHA
MAYOR, CITY OF AZUSA
ATTEST:
VERA MENDOZA
CITY CLERK
JOSEPH R. ROCHA
CHAIRPERSON, REDEVELOPMENT AGENCY
OF THE CITY OF AZUSA
ATTEST:
F.M. DELACH
EXECUTIVE DIRECTOR.REDEVELOPMENT AGENCY
OF THE CITY OF AZUSA
APPROVED AS TO FORM:
BEST BEST&KRIEGER LLP
CITY ATTORNEY
2
0
CERTIFICATION
I, Francis M. Delach, Executive Director of the Redevelopment Agency of the City
of Azusa, California, do hereby certify that the foregoing Resolution was regularly
introduced and adopted by the Redevelopment Agency of the City of Azusa, California, at
an adjourned regular meeting thereof held on the _ day of , 2009, by the
following vote of the Agency:
AYES:
NOES:
ABSTAINED:
ABSENT:
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official
seal of the Redevelopment Agency this day of 2009.
By:
F.M. Delach
Executive Director
Redevelopment Agency
of the City of Azusa, California
3
EXHIBIT"A"
Policy
"Use of City/Redevelopment Agency Owned Property for Temporary Retail Sales Events"
[Attached]
4
Use of City/Redevelopment Agency Owned Property for Temporary Retail Sales Events
1. OBJECTIVE
To establish a uniform policy for the private utilization of City and Redevelopment
Agency-owned property.for rummage sales, firework stands, Christmas tree lots, pumpkin-patch
lots, and all other types of temporary retail sales events.
2 POLICY
A. No person or group shall be permitted to utilize City or Redevelopment Agency
owned property for the purpose of conducting a temporary retail sales event without first
obtaining any and all permits required under state and City law, including, but not limited to,
temporary use permits.
B. No person or group shall be permitted to utilize City or Redevelopment Agency
owned property for the purpose of conducting short term retail sales event without first obtaining
any and all licenses required under state or City.law.
C. No person or group shall be permitted to utilize City or Redevelopment Agency
owned property for the purpose of conducting short term retail sales event without first paying
any and all fees required, including, but not limited to, any permit, application, or licensing fees.
`A{OP,r�G
'a(iF,ORch.
CITY OF AZUSA
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING
MONDAY,APRIL 6,2009—10:11 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 Call
PRESENT: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
ABSENT: DIRECTORS: NONE
ALSO PRESENT: Also Present
General Counsel Carvalho, Executive Director Delach, Assistant Executive Director Makshanoff,
Department Heads,Project Manager Benavides,Tierra West Consultants Ometeod,Secretary Mendoza,
Deputy Secretary Toscano.
AGENCY SCHEDULED ITEMS Sched Items
PUBLIC HEARING—regarding the consideration of a First Amendment to two commercial lease Pub Hrg Removed
agreements for agency owned parcels located at 803 North Dalton Avenue,and 826 North Azusa Commercial
Avenue,was removed from the agenda. Leases
AUTHORIZATION TO RELEASE A REQUEST FOR PROPOSALS FOR REDEVELOPMENT Release RFP
CONSULTING AND REAL ESTATE ADVISORY SERVICES. Redevelopment
Consulting and
Economic Development Director Christianson presented the subject item detailing the process for Real Estate
selection. Director Macias requested that the RFP include exploratory language to look into a Advisory Services
Housing Authority; Mr. Christianson responded that the RFP could be amended to include that
language. He also responded the question that the selection criteria will include experience in similar
communities and price and records check will be done on what services are being provided;City
Council will decide and staff will weed out those with no experience in areas needed or requested.
Moved by Director Macias,seconded by Director Hanks and unanimously carred to authorize staff to Release RFP
release the Request for Proposals for redevelopment consulting and real estate advisory services as Approved
amended to include adding a category to implement a Housing Authority.
CONSIDERATION OF AN EXCLUSIVE NEGOTIATION AGREEMENT WITH RICH ENA Rich
DEVELOPMENT FOR THE NORTHEAST CORNER OF ARROW HIGHWAY AND AZUSA Development
AVENUE (17511 AND 17523 EAST ARROW HIGHWAY,APN 8621-024-017,8621-024-001 NE Comer
AND APN 8621-024-002). Arrow Hwy ,.
Economic Development Director Christianson presented the subject item and Mr.Joseph Rich of Comments
Rich Development,detailed the project and responded to questions posed by the Board Members.
Moved by Director Hanks,seconded by Director Macias and unanimously carried to approve and ENA approved
authorize the Executive Director to execute the Exclusive Negotiation Agreement with Rich
Development for the northeast corner of Arrow Highway and Azusa Avenue(17511 and 17525 East
Arrow Highway,APN 8621-024-017,8621-024-001 and 8621-024-002).
HEARING - $6.OM APPROPRIATION FOR FY 2008109 FOR THE PURCHASE- OF Appropriation
PROPERTIES FOR AFFORDABLE HOUSING PROJECTS. Purchase of '
Properties
Staff presented the subject item and responded to questions posed. Public comment was solicited,
but,none was received.
Director Hanks offered a Resolution entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res.09-R17
APPROVING AN APPROPRIATION AMENDMENT FOR FISCAL YEAR 2008/09 PURSUANT Appvg Appro
TO SECTION 2450 OF THE AZUSA MUNICIPAL CODE. Amendments
Moved by Director Hanks, seconded by Director Gonzales to waive further reading and adopt.
Resolution passed and adopted by the following vote of the Board Members:
AYES: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: NONE
CONSIDERATION OF A PURCHASE AND SALE AGREEMENT FOR THE PSA approved
ACQUISITION OF REAL PROPERTIES AS FOLLOWS:
Director Macias offered a Resolution entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res. 09-RIS
APPROVING A PURCHASE AND SALE AGREEMENT WITH THANG HUYNH AND JENNY PSA 600
SAU CHEUNG TANG FOR THE PURCHASE OF 600 EAST SIXTH STREET(APN 8612-001- Sixth Street
017)IN ITS ENTIRETY WITHIN THE MERGED CENTRAL BUSINESS DISTRICT AND WEST
END REDEVELOPMENT PROJECT AREA
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res.09-R19
APPROVING A PURCHASE AND SALE AGREEMENT WITH LUPE RUBIO FOR THE PSA 601
PURCHASE OF 601 NORTH CEDARGLEN DRIVE(APN 8612-001-052)IN ITS ENTIRETY Cedarglen
WITHIN THE MERGED CENTRAL BUSINESS DISTRICT AND . WEST END
REDEVELOPMENT PROJECT AREA .
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res. 09-R20
APPROVING A PURCHASE AND SALE AGREEMENT WITH LUPE RUBIO FOR THE PSA 615
PURCHASE OF 615 NORTH CEDARGLEN DRIVE(APN 8612-001-064)IN ITS ENTIRETY Cedarglen
WITHIN THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END
REDEVELOPMENT PROJECT AREA
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res.09-R21
APPROVING A PURCHASE AND SALE AGREEMENT WITH AUGUSTINE A.JUAREZ FOR PSA 627
THE PURCHASE OF 627 EAST LIME STREET (APN 8612-001-039) IN ITS ENTIRETY E.Lime St. -
WITHIN THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END
REDEVELOPMENT PROJECT AREA
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res.09-R22
APPROVING A PURCHASE AND SALE AGREEMENT WITH GUIL.LERMO MARTINEZ JR. PSA 628
FOR THE PURCHASE OF 628 NORTH CEDARGLEN DRIVE(APN 8612-001-033) IN ITS Cedarglen
ENTIRETY WITHIN THE MERGED CENTRAL BUSBVESS DISTRICT AND WEST END
REDEVELOPMENT PROJECT AREA
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res.09-R23
APPROVING A PURCHASE AND SALE AGREEMENT WITH MARICELA &GONZALO PSA 641
CRUZ FOR THE PURCHASE OF 641 GLENFINNAN AVENUE(APN 8612-001-012)IN ITS Glenfmnan
ENTIRETY WITHIN THE MERGED CENTRAL BUSINESS DISTRICT AND WEST END
REDEVELOPMENT PROJECT AREA
Moved by Director Macias, seconded by Director Carrillo to waive further reading and adopt
Resolutions passed and adopted by the following vote of the Board Members:
AYES: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: NONE
04/06/09 PAGE TWO
` The CONSENT CALENDAR consisting of items F-1 through F4 was approved by motion of Consent Cal.
Director Gonzales,seconded by Director Carrillo and unanimously carred, approved
F-2 Spec Call
1. Minutes of the regular meeting of March 16,2009,were approved as written. - Min appvd
2. SPECIAL CALL ITEM. - Spec Call
3. The City Treasurer's Report as of February 28,2009 was received and filed. Treas Rpt
4. Resolution authorizing payment of warrants by the Agency was adopted and entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res.No.09-R24.
ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT Warrants
AGENCY FUNDS.
SPECIAL CALL ITEMS Spec Call Items
Chairman Rocha addressed item regarding the request from the Rotary Club to use Agency owned Rocha
property,asking General Counsel Carvalho if allowing use to a non-profit organization would open the Comments
door to any other non-profit. General Counsel Carvalho responded that yes,it would and recommended
that when allowing anyone to use Agency owned property they should enter into a License Agreement and
that some type of fee be received.
Economic Development Director Christianson,responded to questions regarding the cost of a Temporary Discussion _
Use Permit and stated that it may cost more than the event proceeds. Discussion was held regarding other
options for the Club.
Moved by Director Macias,seconded by Director Gonzales and unanimously carried that request from the Azusa Rotary
Azusa Rotary Club to use the Agency owned puking lot located northwest comer of Alameda Avenue and Use Agency
Foothill Boulevard on April 171h and 18"to host a rummage sale,be approved. Parking Lot
approved
It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn
TIME OF ADJOURNMENT: 10:39 P.M.
SECRETARY
NEXT RESOLUTION NO. 09-R25.
04/06/09 PAGE THREE
11111 :113 , Wel'' 5 11100iffl:
r"+trrva��P '
AGENCY INFORMATION ITEM
TO: THE HONORABLE CHAIRPERSON AND AGENCY MEMBERS
FROM: KURT CHRISTIANSEN, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
VIA: F.M. DELACH, EXECUTIVE DIRECTOR/PA-;"
DATE: APRIL 20, 2009
SUBJECT: PROFESSIONAL SERVICE CONTRACTS REPORT THROUGH MARCH 31, 2009 .
RECOMMENDATION
Review and file the report.
BACKGROUND
On June 7, 2004, the Agency Board approved redevelopment signatory authority for professional service
contracts up to $49,999.99. As a condition of that approval, staff is required to prepare a quarterly
informational item for the Agency Board for those purchases $15,000 and over, which will include
vendor, amount of purchase, and item or service purchased. For this period, the following purchase
orders were initiated:
Vendor Name Amount Services Provided
AEI Consultants $23,440.00 Env-ting-Downtown North
FISCAL IMPACT
Funds have been budgeted in the FY 2008/09 budget.
KC:RJJ/cs
U:N"ROnCORRUPO\AGENDA\VcndorLis\OIdYRepon03 09.doc
WARRANT REGISTER NO. 16
r FISCAL YEAR 2008-09
WARRANTS DATED 03/01/09 THROUGH 03/15/09 tjOCV
FOR REDEVELOPMENT AGENCY MEETING OF 04-20-09 .
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 by law and that
the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as
hereinafter set forth:
80-110-REDEVELOPMENT ADMINISTRATION FUND $ 2105834
80-125-CBD CAPITAL PROJECTS FUND 1.760 800.1 O
80-135-WED CAPITAL PROJECTS FUND 3.549.65
80-185-RANCH CAPITAL PROJECTS FUND
80-165-618-2005 TAX ALLOCATION BONDS FUND
81-155-TAX INCREMENT SET-ASIDE FUND 1,182 194.58
82-125-CBD DEBT SERVICE FUND
82-135-WED DEBT SERVICE FUND
52-1 85-RANCH CENTER DEBT SERVICE FUND
TOTAL ALL FUNDS: $2.967,602.67
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 2009.
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 2009.
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
Secretary
City of Azusa FT 9000 04/15/09 O P E N H 0 L D D B LISTING By Ehti NaTe p� 1
WED, APR 15, 2009, 2:24 FM ---req: RME-------leg: GL JL---loc: BI-TECH---job: 656466 #J3362---pqn�CH400 <11.34> zpt id: OI-IMM02
SELFX'I' FUU files: 80-82 ; Check Issue Dates: 030109-031509
PE ID PE Nacre AM= ND'M / JOB N EER Invoice Nxdxr Da=ptirn St Disc. Arrt. Dist. Ant.
V09095 AEI Ca\1SM TS 8010125000-6399/505800-6399 0202084555 FfF2 ENV-624SAN G PD 0.00 9,302.00
V09095 AEI Qfl� LLTANIS 8010125000-6399/505800-6399 0202083279 R32 ENV-810AIPME FD 0.00 9,938.00
PEID Tpaid: 0.00
19 240.00
tald: 191240.00
V01305 AZLFA CITY FID C 8000000000-3035 2610/0901005 FR45/09 PD 0.00 237.50
PEIDI��d: 0.00
Paid: 237.50
Total: 237.50
V10604 AZLISA MIIDIE NPN 8000000000-3020 2618/0901005 PR#5/09 M 0.00 30.00
PEIDd: 0.00
d: 30.00
Tbtal: 30.00
V05804 BEST BEST' & KRIE 8010125000-6301/505800-6301 596284 1/09 LGL_VAS PD 0.00 1,004.78
V05804 BEST BEST' & KRIE 8010125000-6301/505825-6301 596283 1/09 LGL-RCH MT PD 0.00 1,722.00
V05804 BEST BEST & KRIE 8010125000-6301/505800-6301 596282 1/09 LGL-TAX CAN FD 0.00 635.12
V05804 BEST BESI & KRIE 8010125000-6301/505800-6301 596288 1/09 LGL-D NP1T3D ED 0.00 2,330.04
V05804 BEST BEST' & KRIE 8010125000-6301/505825-6301 596287 1/09 LQrCBS BIL PD 0.00 11451.72
V05804 BEST BEST & KRIE 8010125000-6301/505900-6301 596289 1/09 LC�FMLM PD 0.00 4,106.92
V05804 BEST EEST & KRIE 8010125000-6301/505800-6301 596286 1/09 LG CHDI 9T PD 0.00 12,329.16
V05204 BEST EFST & KRIE 8110155000-6301/505320-6301 596281 1/09 LM�LCWE FN PD 0.00 356.30
V05804 FEST = & ME 8110155000-6301/505320-6301 596281 1/09 LG[ LCWE FN PD 0.00 1,050.00
V05804 MST E= & KRIE 8110155000-6301/505320-6301 596281 1/09 LCA,-LCVE FN PD 0.00 1,333.50
V05804 F?EST EE3r & KRIE 8110155000-6301/505320-6301 596281 1/09 LCA,-LC7WE FN PD 0.00 1,365.00
V05804 BEST' BEST & I= 8110155000-6301 596280 1/09 LC4_rSR CARE FD 0.00 594.93
V05804 BEST BEST & KRIE 8110155000-6301/505320-6301 596281 1/09 LGL-LaE EN PD 0.00 1,396.50
V05804 FEST FEST' & KRIE 8010125000-6301/505800-6301 596285 1/09 LG810ALAM FD 0.00 1,916.45
V05804 FEST BEST & KRIE 8110155000-6301/505320-6301 596281 1/09 LGL-LU E EN FD 0.00 3,131.10
V05804 FEST BEST & KRIE 8010125000-6301/505700-6301 596281 1/09 LCA,-LOVE IN PD 0.00 84.00
V05804 BESI )QST' & KRIE 8010135000-6301/503500-6301 596279 1/09 LCA,-D= L PD 0.00 3,549.65
V0580EEST & KRIE 09 LM-624-630 FD 0.00 884.91
V05804 BELS EgS & KRIS 8110 55000-6301/505315-6301 596290 10-6301 596291 1%09 I.Mr902-912 FD 0.00 126.00
PEIDd: 0.00
d: 39,368.08
Tbtal: 39,368.08
j
City of Azusa HP 9000 04/15/09 O P E N H 0 L D D B LISTING. By P-_ � Ertity N3[e paces 2
VM, APR 15, 2009, 2:24 AN ---req: RDSE-------leg: GL JL---loc: BI-'IE1D-I---jdr 656466 #J3362---p3n: CH400 <1.34> rpt id: CF4FLTR02
SE ET FU \D Ct5F_-s: 80-82 ; CYEck Issue Dates: 030109-031509
PE ID PE Nacre Aauigr Nu4BER / JCB NuvEER Invoice NuTbar De=pticn St Disc. Ant. Dist. Dirt.
V11681 CHOI, JANET J 8010125000-7105/505800-7105 BM88164 Lard Aog-iisiticn PD 0.00 1760,000.00
PEID U!2V: 0.00
Paid: 1760,000.00
Total: 1760,000.00
V06783 CTTTS= 8000000000-3010 2310/09010055/09 PD 0.00 561.83
V06783 CTTTSI= 8000000000-3010 2315/0901005 5/09 FD 0.00 124.71
V06783 CiTISIRFEP 8000000000-3010 1310/0901005 PR 5/09 PD 0.00 266.57
PEID d: 0.00
d: 953.11
Total: 953.11
V00348 C1,J= HESLTH I 8000000000-3054 2435/0901005 PR#5/09 FD 0.00 28.87
PEID : 0.00
Paid: 28.87
'Ibtal: 28.87
V10011 IJgZa N]ERICA SaJP 8110155000-7105/505315-7105 BM3338 EF Lard Arrnuisiticn PD 0.00 2,475.00
V10011 L RICA SOJP 8110155000-7105/505315-7105 BU33338 ET Lan�dAcquisition FD 0.00 1-50,000.00
V10011 LAND?4v LICA SUtJP 8010125000-1198 BM3338 EP Cash/Escxow A3en PD 0.00 _50,000.00
PEID Utyaaid: 0.00
Paid: 1102,475.00
Total: 1102,475.00
V03126 LINMN V03126 L 1�1=T C� 8000000000-3010 1000000000-3010 320/0901005 0901005 #5/09 FD 0.00 500.00
PR#5/09 FD 0.00 78.75
PEID d: 0.00
Paid: 578.75
Total: 578.75
V10322 M & T BANK 8000000000-3010 030209A D--frd Carp Pbl/P FD 0.00 369.17
PETDLhIIx�id: 0.00
Paid: 369.17
Tbtal: 369.17
City Of Azusa HP 9000 04/15/09 O P E N H 0 L D D B LISTING By Ehti Nage pace 3
WED, AA2 15, 2009, 2:24 FM ---req: Id'�E-------leg: GL JL---lcc: BI-TEM---jcb: 656466 #J3362---p9n: CH400 <1.34> rpt id: CHFLTR02
SE= FUND Cbdes: 80-82 ; Click Issue Dates: 030109-031509
PE ID PE Dbm A II' N vEFR / JOB NUVBER Invoice N_RTber De=ipticn St Disc. Ant. Dist. Ate.
V01582 NFNIE[, CJNLNICA 8010110000-6915 635925025079 635925025079/CEL FD 0.00 21.64
FM Urnxid: 0.00
Paid: 21.64
Total: 21.64
V04138 RELSASIPR LIFE I 8000000000-3053 2215/0901005 FR 5/09 FD 0.00 3.75
V04138 RELdASTAR LIFE I 8000000000-3054 2410/0901005 N5/09 FD 0.00 2.81
PEID Lhnx'tid: 6.00
Paid: 6.56
Total: 6.56
V11673 RMIO, LUPE 8110155000-6625 030209 I= PL,1 E1630N FD 0.00 3,200.00
REID d: 0.00
d: 3,200.00
Total: 3,200.00
V08056 SI7ZIY�RD HZ RPN 8000000000-3044 1255/09010055/09 PD 0.00 155.86
V08056 S UNM IIu5(JRAN 8000000000-2725 1220/0901005 p
5/09 PD 0.00 56.95
PETD awld: 0.00
d: 212.81
Total: 212.81
V10053 SLUUM EZ1JRPN 8000000000-2725 1221/0901005 FR45/09 PD 0.00 87.08
PES d: 0.00
d: 87.08
Total: 87.08
V10009 TIERRA WEST ADVI 8110155000-6345/505310-6345 10051 1/09 PRJ M vT-ML PD 0.00 2,100.00
V10009 TIERRA WEST ADVI 8010125000-6345/505800-6345 10051 1/09 PRJ M3v1r-MI PD 0.00 2,325.00
V10009 TIERRA WEST ADVI 8110155000-6345/505320-6345 10051 1/09 PRJ MV1T-MI PD 0.00 8,556.25
VI0009 TIERRA = A= 8110155000-6345 10051 1/09 PRJ MM-MC FD 0.00 360.00
V10009 TIERRA WEST ADVI 8010125000-6345/505800-6345 10011 1/09 PRJ NC3"IP-LE PD 0.00 2,770.00
V10009 TIERRA WEST ADVI 8110155000-6345/505310-6345 10071 1/09 PRJ MvT-DP PD 0.00 100.00
V10009 TIERRA WEST AEVI 8110155000-6345/505320-6345 10071 1/09 PRJ M3`7T-DP FD 0.00 6,050.00
V10009 TIERRA WEST AI7VI 8010110000-6345 10051 1/09 PRJ M3"II'-MI PD 0.00 16,207.92
PEID U paid: 0.00
qty of Azusa 099002.24 g� 04/15/09 O P E N H 0 L D D B LISTING By Pa. � Entity Nacre Page
req: ROSE-------leg: GL JI ---loc: BI-TFXI-I---job: 656466 ##J3362---p9m: CH400 <1.34> zpt id: CHFLTR02
SECELP FUD � : 80-82 ; Check Issue Dates: 030109-031509
PE ID PE Nage ACC= NI9FE32 / JOB UMBER Invoice Umber Des=pticn St Disc. Amt. Dist. krt.
Paid: 38,469.17
Total: 38,469.17
V00388 VERIZCN 8010110000-6915 6261975078012809 626-1975078 PD 0.00 21.42
PEID UzT) id: 0.00
Paid: 21.42
Total: 21.42
V00876 K%941 UICN MJ11A 8000000000-3010 1330/0901005x�$$5/09 PD 0.00 15.00
V00876 Kkc1iIl��TCIN M= 8000000000-3010 2335/0901005 ER 5/09 FD 0.00 171.61
V00876 [�1ST-III= MMA 8000000000-3010 2330/0901005 F12##5/09 FD 0.00 116.90
PEID UMdd: 0.00
Pai : 303.51
Total: 303.51
V07755 WELLS FPRM 2A1R 8010110000-6610 500366 2005TAB AM N FE PD 0.00 2,000.00
PEID Umdd: 0.00
Pai : 2,000.00
Total: 2,000.00
GRAND TOTAL [kui.d: 0.00
Paid: 2967,602.67
Total: 2967,602.67